>> NOW, I CALL THE MEETING TO ORDER ON THURSDAY,
[1. Call to Order]
[00:00:05]
DECEMBER 18, 2025, AT 6:22 P.M. A QUORUM IS PRESENT.THAT MOVES ON TO SECTION 2, CITIZEN APPEARANCE.
EACH PERSON IN ATTENDANCE WHO DESIRES TO SPEAK TO THE ZONING BOARD OF ADJUSTMENT ON AN ITEM NOT POSTED ON THE AGENDA SHALL SPEAK DURING THE SECTION.
A SPEAKER CARD MUST BE FILLED OUT AND TURNED INTO THE SECRETARY PRIOR TO ADDRESSING THE ZPA.
EACH SPEAKER WILL BE ALLOWED THREE MINUTES.
EACH PERSON IN ATTENDANCE WHO DESIRES TO SPEAK TO THE ZPA ON AN ITEM POSTED ON THE AGENDA SHALL SPEAK WHEN THE ITEM IS CALLED FOR CONSIDERATION.
SECRETARY, DO WE HAVE ANY SPEAKERS? THAT MOVES US TO SECTION 3 GENERAL.
[3. GENERAL]
FIRST ITEM IS 3A.ADMINISTER OATH OF OFFICE IN STATEMENT OF OFFICE TO NEWLY APPOINTED AND REAPPOINTED MEMBERS.
STAFF PRESENTER MONICA SOCO, DEPUTY CITY SECRETARY.
>> THANK YOU. I'M MONICA SOCO.
I'M THE DEPUTY CITY SECRETARY HERE AT THE CITY OF BURLESON, AND I WILL BE ADMINISTERING YOUR OATH OF OFFICE.
IF YOU COULD ALL PLEASE RISE AND RAISE YOUR RIGHT HAND FOR ME.
>> DO SOLEMNLY SWEAR OR AFFIRM.
>> THAT I WILL FAITHFULLY EXECUTE THE DUTIES.
>> THAT I WILL FAITHFULLY EXECUTE THE DUTIES.
>> ZONING BOARD OF ADJUSTMENT AND STATE YOUR PLACE.
>> ZONING BOARD OF ADJUSTMENT PLACE THREE.
>> WILL TO THE BEST OF MY ABILITY.
>> WILL TO THE BEST OF MY ABILITY.
>> PRESERVE, PROTECT AND DEFEND.
>> THANK YOU VERY MUCH. IF YOU WILL PLEASE SIGN YOUR OATHS OF OFFICE, AND I WILL TAKE THOSE UP AT THE END OF THE MEETING.
NOMINATE AN ELECTED CHAIRPERSON AND VICE CHAIRPERSON FOR THE FISCAL YEAR 2025 TO 2026 TERM.
STAFF REPRESENTATIVE MONICA SOCO, DEPUTY CITY SECRETARY.
THANK YOU, ZONING BOARD OF ADJUSTMENT MEMBERS.
WE ARE HERE TO NOMINATE A ELECTED CHAIR AMONG THE BOARD MEMBERS.
WE NEED ONE CHAIR AND ONE VICE CHAIR TO SERVE FOR THE FY25/26 TERM, IF YOU WILL PLEASE ELECT ONE OF EACH ON THE BOARD AMONG YOURSELVES.
>> IF YOU COULD GIVE ME A MOTION, IF SOMEONE COULD GIVE ME A MOTION TO NOMINATE THE CHAIR.
>> CAN YOU TURN ON YOUR SPEAKER?
>> HI, THERE YOU GO. I MAKE A MOTION TO NOMINATE THE CHAIR.
IF YOU WILL RAISE YOUR HANDS FOR ALL EYES.
ANY NAMES, JESSICA IS THE CHAIR.
CAN I GET A MOTION FOR THE VICE CHAIR?
>> I MAKE A MOTION TO NOMINATE BRENT AS VICE CHAIR.
>> WHO SECOND? [INAUDIBLE] YOU WANT TO CALL?
>> I NOMINATE BRENT FOR VICE CHAIR.
ALL AYES FOR BRENT FOR VICE CHAIR?
>> BRENT DID YOUR VICE CHAIR. THANK YOU.
CONSIDER AND TAKE POSSIBLE ACTION ON THE MINUTES FROM FEBRUARY 23, 2023 ZONING BOARD OF ADJUSTMENT MEETING.
STAFF CONTACT MONICA SOCO DEPUTY CITY SECRETARY.
>> YES. THE MINUTES ARE AT YOUR PLACES.
IF YOU'LL PLEASE REVIEW THE MINUTES AND IF I COULD GET A MOTION TO APPROVE OR APPROVE WITH ANY AMENDMENTS.
>> I MOVE TO ACCEPT THE MINUTES OF THE FEBRUARY 20, 2023 MEETING.
[00:05:05]
>> THIS MOVES US ON TO SECTION 4 ZBA REPORTS AND DISCUSSION TIME. FIRST ITEM IS 6A.
[4. ZBA REPORTS AND DISCUSSION ITEMS]
ZBA REPORTS AND DISCUSSION ITEMS. HOLD A PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON AN APPEAL TO THE FLOODPLAIN ADMINISTRATOR'S INTERPRETATION AND ADMINISTRATION OF THE BURSON CODE OF ORDINANCES, [INAUDIBLE] TWO FLOODS AND A VARIANCE TO THE PERMIT PROCEDURE. I I SUPPOSED TO READ THAT.>> THAT WAS GREAT. I GOT TO JUMP IN REAL QUICK.
MADAM CHAIR, THE WAY I WOULD REQUEST THAT YOU CONDUCT THIS ITEM IS, YOU CAN CALL STAFF AND GIVE THEM A REASONABLE TIME TO PRESENT THEIR CASE, AT THAT TIME, YOU'RE ABLE TO ASK STAFF ANY QUESTIONS YOU WOULD LIKE.
AT THE CONCLUSION OF THAT, YOU CAN ASK THE APPLICANT WHO FILED THE APPEAL AND GIVE HIM A REASONABLE TIME TO PRESENT HIS CASE.
BEFORE THAT, I ACTUALLY THINK YOU'LL OPEN THE PUBLIC HEARING, THAT THE WAY YOU'VE GOT IT WRITTEN DOWN.
IF YOU LOOK IN YOUR NOTES THERE, THEY'LL SAY, OPEN THE PUBLIC HEARING.
THEN YOU'LL HAVE THE APPLICANT COME UP AND GIVE HIM A REASONABLE TIME TO PRESENT HIS CASE.
YOU'LL HEAR ANYBODY ELSE IN THE AUDIENCE THAT WANTS TO BECAUSE IT IS A PUBLIC HEARING.
I KNOW WE'RE LOOKING OUT AND DON'T SEE A LOT OF PEOPLE IN THE AUDIENCE, BUT YOU'LL GET CHANCE, ANYBODY CAN COME IN AND THEY'LL FILL THE SPEAKER PARDON COME AND SPEAK.
AFTER THE PUBLIC HEARING, YOU CAN GIVE THE CITY A BRIEF REBUTTAL TIME AND THEN THE APPLICANT A BRIEF REBUTTAL TIME IF THEY WANT IT.
YOU CAN CLOSE THE PUBLIC HEARING AT THAT TIME AND THEN ASK ANY OTHER QUESTIONS BEFORE YOU ALL MAKE YOUR DETERMINATION, AND THEN MAKE A MOTION TO HANDLE THE CASE.
I'LL HELP WALK YOU THROUGH THAT, BUT I WANT TO GIVE YOU AN OVERVIEW AND THANK YOU MUCH.
WHAT DO YOU WANT ME TO DO FIRST? YES.
>> YOU DID YOU CALLED IT. CITY STAFF WILL GO FORWARD.
I WAS JUST GETTING AN OVERVIEW TO EVERYONE WHO'S LISTENING.
WHAT THE PROCEDURE IS WHEN HEARING A CASE LIKE THIS.
>> WHAT TIME IS THE HEARING OPEN? DO I DO THAT?
>> YES. AM I HERE? I CALL ON THE STAFF.
>> YOU DID GREAT. I WAS JUST INTERJECTING.
COMPLETELY, LIKE, DERAILED EVERYTHING. BUT THAT'S ON ME.
I WAS JUST GIVING AN OVERVIEW TO EVERYBODY.
MICHELLE ON BEHALF OF THE CITY, WILL PRESENT THE CASE, AND THEN THE APPLICANT WILL FOLLOW HER.
>> SORRY. I'M READY. CALL AND STUFF.
>> YOU'RE DOING GOOD. GO AHEAD.
>> GOOD EVENING. MY NAME IS MICHELLE MCCULLOCH.
I AM THE DEPUTY DIRECTOR OF DEVELOPMENT SERVICES AND SERVE AS THE FLOODPLAIN ADMINISTRATOR AND CITY ENGINEER FOR THE CITY OF BURLESON.
THIS IS JUST A LITTLE BIT OF HISTORY FOR 300 EAST MILLER STREET.
THE PROPERTY OWNER, MR. JONES, HE'S SEEKING AN APPEAL TO THE FLOODPLAIN ADMINISTRATORS.
MY INTERPRETATION OF OUR ORDINANCE CHAPTER 42, FLOODS AND A VARIANCE TO THE PERMIT PROCEDURE.
THE HOUSE WAS CONSTRUCTED IN 1958.
A REMODEL PERMIT WAS SUBMITTED IN MARCH OF 2022, HOWEVER, IT WAS NEVER ISSUED.
THE PROPERTY OWNER INITIATED THE PROCESS AGAIN IN EARLY 2024.
BECAUSE THIS PROPERTY IS LOCATED WITHIN A REGULATORY FLOODPLAIN, THE FLOODPLAIN REGULATIONS DO APPLY.
THERE IS A FLOODPLAIN DEVELOPMENT PERMIT REQUIRED FOR ANY WORK WITHIN THE FLOODPLAIN.
IN THIS CASE, THE FLOODPLAIN CONSISTS OF THE FLOODWAY AND THE FLOODWAY FRINGE.
THE BLUE ON THE SCREEN IS THE FLOODWAY, AND THE GREEN IS CONSIDERED THE FLOODWAY FRINGE.
DEVELOPMENT WITHIN A REGULATORY FLOODPLAIN, BY OUR ORDINANCE, CANNOT CAUSE A RISE IN THE WATER SURFACE ELEVATION WITHIN A REGULATORY FLOODWAY.
ANYTIME THAT WORK DOES OCCUR WITHIN A FLOODWAY, TECHNICAL DATA SUCH AS A FLOOD STUDY IS REQUIRED TO CONFIRM NO RISE IS CREATED FOR THE IMPROVEMENTS.
A LITTLE BIT ABOUT THE NATIONAL FLOOD INSURANCE PROGRAM.
THE LEGISLATION WAS PASSED IN 1968, AND IT IS ADMINISTERED BY FEMA.
THE MAIN ELEMENTS IS HAZARD IDENTIFICATION AND MAPPING, FLOODPLAIN MANAGEMENT CRITERIA.
IT DOES ESTABLISH THE MINIMUM REQUIREMENTS FOR COMMUNITIES TO ADOPT.
HOWEVER, THE CITY HAS ADOPTED HIGHER STANDARDS.
THE 44 CODE FEDERAL REGULATIONS WAS CREATED TO REGULATE DEVELOPMENT WITHIN THE FLOOD PLAIN TO REDUCE THE RISK TO LIFE AND PROPERTY.
FLOOD THEY DO ALSO PROVIDED FLOOD INSURANCE, WHICH PROVIDES FINANCIAL PROTECTION FOR PROPERTY OWNERS.
THE COMMUNITY'S PARTICIPATION IN THE NFIP IS VOLUNTARY, AND BURLESON IS A MEMBER.
IT DOES, LIKE I SAID, PROVIDE FLOOD INSURANCE COVERAGE ONLY IN STATES AND COMMUNITIES THAT ADOPT AND ENHANCE THE FLOODPLAIN MANAGEMENT REGULATIONS,
[00:10:03]
AND THE COMMUNITIES PARTICIPATING IN THE NFIP ARE ELIGIBLE FOR ASSISTANCE IN OTHER DISASTERS IN ADDITION TO FLOOD DISASTERS.THE ROLE OF THE COMMUNITY AND THE FLOODPLAIN ADMINISTRATOR IS TO ADOPT MINIMUM STANDARDS FOR THE DEVELOPMENT WITHIN THE REGULATORY FLOODPLAIN, AND AS I MENTIONED, WE HAVE ADOPTED HIGHER STANDARDS.
ALSO TO REVIEW DEVELOPMENT PROPOSALS TO ENSURE COMPLIANCE, ISSUE OR DENY FLOODPLAIN DEVELOPMENT PERMITS, INSPECT ALL DEVELOPMENTS APPROVED FOR CONSTRUCTION WITHIN THE FLOODPLAIN, AND THEN MAINTAIN THOSE RECORDS, THE PERMITS, ELEVATION DATA, INSPECTIONS, ENFORCEMENT ACTIVITY, ANYTHING WITHIN THE FLOODPLAIN.
WHAT WE'RE HERE TONIGHT TO TALK ABOUT IS A APPEAL TO THE DETERMINATION, AND SO I'M GOING TO GO A LITTLE BIT INTO THE SUBSTANTIAL IMPROVEMENT DETERMINATION AND HOW FEMA VIEWS IT.
FOR EXISTING STRUCTURES, FEMA PROVIDES SEVERAL GUIDANCE DOCUMENTS THAT WE UTILIZE FOR FLOODPLAIN ADMINISTRATORS, AND TWO OF THEM ARE REFERENCED BELOW AND INCLUDED IN YOUR PACKET.
THE SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DESK REFERENCE, AND THEN THE NFIP FLOOD MANAGEMENT REQUIREMENTS.
THE SUBSTANTIAL IMPROVEMENTS DEFINED BY FEMA IS ANY REPAIR, RECONSTRUCTION OR OTHER IMPROVEMENT OF A STRUCTURE, THE COST OF WHICH EQUALS OR EXCEEDS 50% OF THE MARKET VALUE OF THE STRUCTURE BEFORE START OF CONSTRUCTION OF THE IMPROVEMENT.
IF THE PROPOSED IMPROVEMENTS ARE DETERMINED TO BE SUBSTANTIAL AND THE COST MEETS OR EXCEEDS 50% OF THE MARKET VALUE, THE ENTIRE STRUCTURE HAS TO COME INTO COMPLIANCE WITH CURRENT REGULATIONS.
THE TYPE OF DESIGNATION FOR AN EXISTING BUILDING IS DETERMINED BY THE INITIAL FLOOD INSURANCE RATE MAP.
FOR THIS PARTICULAR STRUCTURE, IT IS CONSIDERED PRE FIRM.
IT WAS CONSTRUCTED PRIOR TO THE FIRST FLOODPLAIN MAPS ISSUED FOR JOHNSON COUNTY.
AS I HAVE HERE IN NOVEMBER 2, 1973, IS WHEN THE FIRST MAPS WERE ISSUED, SO IT IS CONSIDERED PRE FIRM.
POST FIRM IS A CONSTRUCTION OCCURRING ON OR AFTER THE EFFECTIVE DATE OF THE INITIAL FIRM.
ANYTHING CONSTRUCTED AFTER NOVEMBER 2, 1973, IS CONSIDERED POST FIRM, AND WOULD BE SUBJECT TO ANY OF THOSE ORDINANCES AND REGULATIONS THAT WERE IN PLACE AT THE TIME OF CONSTRUCTION.
ALL EXISTING BUILDINGS ARE SUBJECT TO THE SUBSTANTIAL IMPROVEMENT DETERMINATION PER THE NFIP FLOODPLAIN MANAGEMENT REQUIREMENTS.
THAT IS IN ONE OF THE ATTACHMENTS, UNIT 8, PAGE 85 EXHIBIT 6, AND THE IMPROVEMENTS REQUIRING A PERMIT THAT MUST BE CONSIDERED ARE REMODELING, REHABILITATION, BUILDING ADDITIONS, REPAIR AND RECONSTRUCTION PROJECTS.
HERE IS JUST A LIST OF WHAT IS INCLUDED IN THE EXHIBITS. THESE ARE THE ITEMS. WE HAVE TO HAVE A ITEMIZED LIST COST SHEET, LABOR, BUT THESE ARE THE ITEMS ON THE RIGHT HAND SIDE OF YOUR SCREEN, LEFT HAND, LEFT HAND SIDE OF YOUR SCREEN, THAT SHOULD BE INCLUDED IN THE DETAILED COST LIST IN ORDER FOR A DETERMINATION TO BE MADE.
THEN THE ITEMS ON THE RIGHT HAND SIDE ARE ITEMS THAT CAN BE EXCLUDED FROM THAT LIST, AND ARE NOT CONSIDERED IN THE TOTAL COST.
THE INFORMATION ON THIS SLIDE IS WHAT WAS PROVIDED BY THE PROPERTY OWNER, AND SO THERE ARE SOME ITEMS THAT ARE MISSING IN ORDER TO MAKE THAT DETERMINATION.
MY DETERMINATION WAS THAT THE INFORMATION SUBMITTED BY THE PROPERTY OWNER DOES NOT INCLUDE ITEMS REQUIRED BY FEMA TO MAKE THAT DETERMINATION, IF THIS IS A SUBSTANTIAL IMPROVEMENT OR NOT.
WE ALSO WENT AHEAD AND SENT OUT ALL THE INFORMATION TO OUR THIRD PARTY CONSULTANT JUST TO MAKE SURE THAT WE LOOKED AT EVERYTHING THAT WAS OUT THERE.
I WON'T READ ALL OF THIS TO YOU, BUT ESSENTIALLY, THEIR DETERMINATION WAS THE SAME THAT THERE WAS NOT ENOUGH INFORMATION AND THAT ADDITIONAL INFORMATION NEEDS TO BE PROVIDED.
AGAIN, THE DETERMINATION IS THAT THERE'S INSUFFICIENT INFORMATION PROVIDED TO MAKE THE DETERMINATION OF WHETHER THE PROPOSED IMPROVEMENTS QUALIFY AS SUBSTANTIAL IMPROVEMENTS.
THEREFORE, THE PERMIT PROCESS CANNOT CONTINUE.
THE PROPERTY OWNER SHOULD BE AWARE AND WE'VE HAD A COUPLE OF CONVERSATIONS WITH HIM THAT IF IT IS DETERMINED THAT THE PROPOSED IMPROVEMENTS DO NOT QUALIFY AS SUBSTANTIAL, WHETHER THEY DO OR NOT, ALL OTHER FLOODPLAIN REQUIREMENTS DO APPLY FOR THIS PROPERTY.
THAT INCLUDES FLOOD STUDIES, ELEVATION CERTIFICATES, FLOODPLAIN DEVELOPMENT PERMITS.
ALL ELECTRICAL EQUIPMENT IS REQUIRED TO BE ELEVATED, YOUR ACS.
THERE IS A PROPOSED GENERATOR SHOWN ON THE PLANS AT THIS TIME.
I MENTIONED THE ELEVATION CERTIFICATE.
WHAT THAT ELEVATION CERTIFICATE DOES IS IT WILL DOCUMENT THE TOP OF THE LOWEST FLOOR.
THERE'S A WHAT YOU CALL A BASE FLOOD ELEVATION, THE EXPECTED LEVEL IN 100 YEAR STORM THAT THE WATER WILL RISE TO.
DEPENDING ON WHERE THAT LOWEST FLOOR IS AND WHERE THAT BASE FLOOD ELEVATION IS,
[00:15:04]
THERE COULD BE ADDITIONAL REQUIREMENTS.BASED ON THE CIRCUMSTANCES, THE FLOODPLAIN ADMINISTRATOR DOES NOT RECOMMEND APPROVAL OF MR. JONES' APPEAL AND VARIANCE REQUEST.
CHAPTER 42 FLOODS REQUIRES SUBMISSION OF A DETAILED COST ESTIMATE FOR REVIEW AND DETERMINATION IF THE PROPOSED IMPROVEMENTS QUALIFY AS SUBSTANTIAL IMPROVEMENT.
REMODELING PROCESS CANNOT CONTINUE UNTIL THE DOCUMENTS HAVE BEEN RECEIVED AND APPROVED.
JUST AS A NOTE, ANY APPROVED WAIVER OR APPEAL TO THE REQUIREMENTS, WE HAVE TO REPORT THEM TO FEMA AND THE NFIP, WHICH COULD AFFECT OUR STANDINGS WITH THE NFIP.
>> I AM HERE TO ANSWER ANY QUESTIONS.
AS MR. IBESKI SAID, THE PROPERTY OWNER IS HERE TO GO AHEAD AND PROVIDE ANY INFORMATION AS WELL AND PRESENT HIS CASE.
>> IF YOU HAVE QUESTIONS FOR STAFF, YOU CAN ASK QUESTIONS MICHELLE.
>> I'M MICHELLE, THANK YOU FOR THE VERY DETAILED REPORT.
MY FIRST QUESTION, I HAVE A COUPLE.
BUT THE FIRST IS IT SEEMS THAT YOU GET THE ESTIMATE BASED ON THE 2022 SUBMISSION.
WAS THERE NOT ANOTHER ESTIMATE TAKEN AT 2024? IS THERE A REASON WHY IT WASN'T?
>> WE HAVE NOT RECEIVED ANYTHING FROM THE APPLICANT SINCE THEN.
>> MY NEXT QUESTION WAS REGARDING WHETHER OR NOT THE APPLICANT RECEIVED THE FULL LIST OF ITEMS REQUIRED TO SUBMIT FOR THIS?
>> THEY HAVE TO PULL THE MARKET VALUE, NOT YOU ALL, BASED ON.
>> THE MARKET VALUE, WE CAN USE JOHNSON COUNTY'S APPRAISAL DISTRICT, BUT THEY CAN ALSO PROVIDE AN APPRAISAL, WHICH WE DID RELAY TO HIM BACK IN, I BELIEVE, WE MET NOVEMBER 1ST, 2024.
I'VE HAD SEVERAL PROPERTIES IN THE FLOODPLAIN THAT HAVE PROVIDED AN APPRAISAL, AND THAT DID COME IN MUCH HIGHER THAN WHAT JOHNSON COUNTY SHOWS, AND WE DID UTILIZE THAT APPRAISAL.
>> WERE THEY ADVISED IN '22 WHEN THEY SUBMITTED THE ORIGINAL PERMIT THAT ALL OF THESE ITEMS WOULD BE REQUIRED?
>> IN '22, I'M GOING TO HAVE TO DEFER TO OUR BUILDING OFFICIAL.
>> GOOD EVENING. DY WHITE HEAD BUILDING OFFICIAL. TO ANSWER YOUR QUESTION.
YES. AFTER DOING OUR REVIEW, THE VALUATION EXCEEDED THE 50% BASED ON THE JOHNSON COUNTY [INAUDIBLE].
THAT'S WHEN WE KICKED IT OVER TO THE FLOODPLAIN DEVELOPMENT.
>> A FOLLOW UP QUESTION FOR YOU WITH THAT.
IS THERE A REASON WHY THE PERMIT WASN'T ISSUED IN 2022 WHEN ORIGINALLY SUBMITTED AND WHY IT TOOK TWO YEARS FOR ACTION?
>> IT DIDN'T TAKE TWO YEARS OF ACTION.
IT WAS NOT ISSUED BECAUSE IT EXCEEDED THE 50%, AND THERE WERE ADDITIONAL REGULATIONS THAT THEY WERE GOING TO HAVE TO FOLLOW.
>> OF WHAT WAS NEEDED AFTER THAT?
I'M JUST TRYING TO UNDERSTAND THE FLOODPLAIN AND ALL OF THE REQUIREMENTS.
NOT NECESSARILY RELATED TO THIS PARTICULAR APPLICANT, BUT RIGHT BEHIND HIM RIGHT BEHIND HIS HOUSE, THE CITY HAS TAKEN WHAT WAS JUST A MUDDY LOT, AND THEY'VE TURNED IT INTO A PARKING LOT.
>> NOW I WOULD THINK BEING IN A FLOODPLAIN, THERE WOULD BE EVEN MORE RUNOFF FROM THE CONCRETE THAN THERE WAS FROM THE MUD.
>> THE CITY FOLLOWED ALL REGULATIONS.
A FLOOD STUDY WAS SUBMITTED TO ME BY THE PARKS DEPARTMENT.
THAT FLOOD STUDY WAS PROVIDED TO OUR THIRD PARTY CONSULTANT FOR REVIEW, COMMON AND A RESPONSE GOING BACK AND FORTH BETWEEN THE ENGINEER THAT PREPARED THAT STUDY.
ONCE IT MET ALL OF OUR REGULATIONS, AND THE DESIGN CONSTRUCTION PLANS ALSO MET OUR REGULATIONS, THEY WERE ALLOWED TO BUILD.
THEY DID NOT CREATE A RISE WITH THOSE IMPROVEMENTS.
>> CAN YOU GO BACK TO THE PICTURE OF THE HOUSE WHERE IT SHOWS THE FLOODPLAIN?
>> I HEARD YOU MENTION A COUPLE OF TIMES THAT BURLESONS ORDINANCES ARE A LITTLE BIT STRICTER TO THE FEMA.
THIS FLOODPLAIN AND THESE REQUIREMENTS THAT WE'RE DENYING THIS BASED UPON BURLESONS, OR FEMA.
>> IT'S A COMBINATION BECAUSE WE HAVE TO FOLLOW FEMA MINIMUM STANDARDS.
WE HAVE ADOPTED HIGHER STANDARDS.
WHERE FEMA ALLOWS A STRUCTURE, IF IT WAS A NEW STRUCTURE OR SUBSTANTIAL IMPROVEMENT, THEY CAN GO AHEAD AND CONSTRUCT AT THAT BASE FLOOD ELEVATION.
WE REQUIRE IT TO BE TWO FEET ABOVE.
[00:20:02]
THAT'S JUST A HIGHER STANDARD.ALL THE ELECTRICAL EQUIPMENT HAS TO BE TWO FEET ABOVE.
FEMA ALLOWS ONE FOOT OF RISE IN THE FLOODPLAIN, WE ALLOW ZERO.
THEN THAT WAY, ANY IMPROVEMENTS THAT ARE CONSTRUCTED WITHIN A FLOODPLAIN FLOOD WAY, YOU HAVE TO SHOW THROUGH A HYDROLOGY STUDY THAT RISE IS NOT CREATED.
IT IS ALSO TO OUR MASTER DRAINAGE STUDY, NOT TO FEMA'S MODELS.
FEMA'S MODELS ARE EXISTING FLOWS.
OUR MASTER DRAINAGE IS ULTIMATE FLOWS BASED ON FUTURE LAND USE.
>> WHAT WILL EXACTLY GO INTO THE AREA THAT'S IN THE FLOODPLAIN, IF IT WAS TO BE FIXED IF RECONSTRUCTED.
>> BY THE PLANS THAT ARE SUBMITTED RIGHT NOW, THERE IS A EXTENSION IN THIS AREA RIGHT HERE, WHICH IS IN THE FLOODWAY, AND THAT IS A PORCH, NOT ENCLOSED.
IT WILL BE ON I THINK IT'S WOOD POST.
BUT IT'S STILL IN THE FLOOD WAY, AND THERE ARE STILL DATA THAT HAS TO BE PROVIDED BECAUSE AGAIN, I DON'T KNOW WHERE THE LOWEST FLOOR IS.
I DON'T KNOW WHAT THAT ELEVATION IS BECAUSE NO INFORMATION HAS BEEN PROVIDED TO ME.
I DON'T KNOW WHAT THOSE REQUIREMENTS WILL BE YET BECAUSE I DON'T HAVE THAT INFORMATION.
>> WAS THIS WORK STARTED WITHOUT A PERMIT? THANK YOU.
>> SORRY, I HAVE ONE MORE QUESTION.
AS THE BOARD SAY WE DENY IT, WHAT'S THE NEXT STEP? DO THEY COME BACK AND THEY OFFER MORE MATERIALS, OR IS THIS IT LIKE YOU CANNOT BUILD ANYMORE.
BECAUSE THEY'RE MISSING QUITE A BIT OF INFORMATION WITHIN THIS APPEAL?
>> NO. WHAT I'M ASKING FOR IS FOR THE INFORMATION TO BE SUBMITTED, THE DETAILED COST THAT IS REQUIRED, SO WE CAN MAKE A DETERMINATION.
FROM THAT DETERMINATION, WE WILL LET HIM KNOW WHAT THOSE REQUIREMENTS ARE.
HE STILL HAS A CHANCE TO COME BACK AND ASK FOR A VARIANCE.
THIS IS AN APPEAL TO MY DETERMINATION RIGHT NOW, AND I HONESTLY CANNOT MAKE A DETERMINATION BECAUSE I DO NOT HAVE ENOUGH INFORMATION.
>> ANYBODY ELSE? I OPENED THE PUBLIC HEARING AT 6:45 P.M.
>> IF YOU GO AHEAD AND CALL THE APPLICANT UP.
>> MR. JONES, WOULD YOU LIKE TO SPEAK?
>> MR. JONES, IF YOU'LL STATE YOUR NAME FOR THE RECORD.
MY REQUEST FOR VARIANCE IS THE HOUSE AS A PRE FIRM, BUILT IN 1958, HAS NO DAMAGE, HAS NOT SUSTAINED ANYTHING, HAS NOT EVER BEEN FLOODED.
MY REQUEST IS BEFORE I MOVE IN THERE, I WANT TO UPGRADE THE ELECTRICAL BECAUSE IN ITS CURRENT CONDITION, IF I GET UP IN THE MORNING AND TURN ON AND MAKE A POT OF COFFEE AND TURN THE MICROWAVE ON, IT'S GOING TO SHUT THE HOUSE DOWN IF IT DOESN'T START A FIRE JUST BECAUSE OF THE ELECTRICAL DEMAND.
ALL I'M WANTING TO DO IS LIKE SHE SAID, ADD A PORCH ON THE BACK OF THE HOUSE AND UPGRADE THE ELECTRICAL.
THE PLUMBING AND THE MECHANICAL.
IT DIDN'T HAVE CENTRAL AIR IN IT, SO I WANT TO PUT A CENTRAL AIR UNIT IN IT.
THEN OTHERS COSMETICS, NEW ROOF, NEW SIDING, NEW WINDOWS, FLOORING THE KITCHEN.
NOW, THE PROBLEM I HAVE WITH THE VALUE, IF I PUT $100 SAMSUNG REFRIGERATOR IN THERE OR PUT A $15,000 VIKING REFRIGERATOR IN THERE, THAT HAS A MAJOR IMPACT ON THE HALF VALUE OR THAT I CAN ONLY EXCEED.
ALL I'M WANTING TO DO IS MAKE THE HOUSE LIVABLE, MAKE IT SAFE BECAUSE I DON'T HAVE A PLACE TO LIVE RIGHT NOW.
I HAVE NO PROBLEMS COMPLYING WITH ALL THE CODE.
IN FACT, I WANT TO COMPLY WITH THE CODES.
WAS ANY CONSTRUCTION DONE? NO, I DEMOED THE THING MYSELF.
I CLEANED IT OUT, REMOVED ALL THE SHEET ROCK, CLEANED UP ALL THE FLOORING.
[00:25:03]
I JUST REPLACED THE EXISTING WINDOWS WITH A NEW WINDOW.THAT'S ALL I'M BASICALLY TRYING TO DO IS JUST MAKE THE HOUSE LIVABLE AND SAFE SO THAT I CAN HAVE A PLACE TO LIVE.
THE VARIANCE, I HAVE A PROBLEM WITH THAT TERM BECAUSE I'M NOT TRYING TO CHEAT ANYBODY OR GET AWAY WITH ANYTHING.
I WANT TO BE COMPLETELY COMPLIANT.
THEN THE NEW SIDING, THE NEW ROOF, THE ROOF IS OVER 40-YEARS-OLD.
I JUST WANT TO COSMETICALLY ENHANCE IT, BECAUSE IF YOU LOOK AT IT NOW, IT'S AN EYESORE, JUST BECAUSE IT HADN'T BEEN TOUCHED IN SO MANY YEARS.
I JUST WANT TO FIX IT UP, MAKE IT LIVABLE.
THAT'S MY REQUEST FOR VARIANCE I'LL GIVE THEM ALL THE COSTS, BUT I DON'T THINK I HAVE A PROBLEM WITH SUBSTANTIAL IMPROVEMENT VERSUS UPKEEP OR COMPLIANCE.
I THINK THOSE ARE TWO DIFFERENT TERMS. LIKE I SAID, I'M NOT CHANGING THE FOOTPRINT.
IT'S AN EXISTING STRUCTURE AND IT'S BEEN THERE AND HAS NEVER BEEN FLOODED SINCE IN 68 YEARS.
>> THANK YOU FOR THAT. I DO HAVE QUESTIONS.
I JUST WANT TO MAKE SURE THAT WE'RE ALL ON THE SAME PAGE HERE.
I DON'T BELIEVE THAT DENYING THIS WOULD KEEP YOU FROM GETTING TO DO THE REPAIRS THAT YOU WANT TO DO.
IT'S JUST WE JUST NEED MORE INFORMATION.
AM I CORRECT IN THAT? I'M SORRY. I WANTED TO ASK STAFF IF I'M CORRECT IN THAT?
TO MY UNDERSTANDING, AND TONY CAN CORRECT ME IF I'M WRONG, BUT THE WALLS AND EVERYTHING.
IT'S MAINLY A SHELL RIGHT NOW, SO IT WOULD BE NEW CABINETS.
HE'D HAVE TO COMPLETELY REDO THE INSIDE.
THE LIST ON AS FAR AS THE APPLIANCES GO, ONE THING THAT DOES NOT HAVE TO BE INCLUDED IS ANY PLUG IN APPLIANCES.
>> I THINK WHAT WE NEED IS JUST MORE INFORMATION.
THAT'S REALLY WE'RE NOT SAYING THAT WE CAN'T DO THE THINGS THAT YOU WANT TO DO? WE REALLY JUST NEED MORE INFORMATION.
DO I UNDERSTAND THAT CORRECTLY?
>> I DO HAVE ADDITIONAL QUESTION ON THAT, THOUGH.
THE PRE FIRM VERSUS POST FIRM.
IF IT'S PRE FIRM, DO YOU NEED ALL THAT INFORMATION?
>> IT DOESN'T MATTER IF IT'S PRE FIRM OR POST FIRM, IT APPLIES TO ALL STRUCTURES.
>> CAN YOU GO BACK TO THE LIST OF THINGS THAT AREN'T INCLUDED THAT NEED TO BE. THANKS.
>> ON THE LIST TO BE INCLUDED.
>> IS IT ATTACHED TO YOUR HOUSE, THE PORCH THAT YOU WANT TO BUILD, I'M ASSUMING IT'S ATTACHED TO YOUR HOUSE.
>> BOARD MEMBERS, AS YOU SPEAK? I KNOW.
WHEN I SPEAK, IT'S LIKE COMING FROM DIRECTION, AND IT'S HARD TO PIN YOU ON.
WHEN YOU SPEAK JUST FOR MEMBERS OF THE AUDIENCE AND FOR THE APPLICANT AND EVERYTHING, IF YOU CAN YOU A LITTLE RED MIC, BECAUSE IT'S MUCH EASIER TO HEAR, I JUST WANT TO MAKE SURE EVERYBODY CAN HEAR. THANK YOU.
>> THEN CAN YOU JUST GO BACK TO THE DATA? I WAS LIKE, $67,000 WAS THE APPRAISAL AND THEN 45.7%.
>> WHY DIDN'T YOU GET ANOTHER MARKET VALUE SINCE 2022? IS THERE A SPECIFIC RATE? THIS ONE IS FROM THE JOHNSON COUNTY TAX.
I'M ASSUMING YOU WERE OFFERED THE OPPORTUNITY TO GET A THIRD PARTY TO COME OUT AND GIVE YOU A MARKET VALUE? I'M NOT SURE HOW MUCH THAT COSTS, BUT THAT SHOULDN'T BE INCLUDED IN THE SUBSTANTIAL IMPROVEMENT.
WAS IT SOMETHING THAT YOU CONSIDERED GETTING A MARKET VALUE TO IMPROVE YOUR DIFFERENCE IN NUMBERS BECAUSE, LIKE WHAT WAS MENTIONED, LIKE, YOU STILL HAVE TO ADD AN HVAC, AND I DON'T THINK I SAW ANY OF THAT ON THE LIST, WAS THAT ON THE LIST?
>> IT WAS. LIKE THE INTERIOR FINISHES AND STUFF.
IF YOU WOULD HAVE GOT A HIGHER MARKET VALUE, YOU WOULD HAVE HAD MORE OF A GAP.
IS THERE A REASON THAT YOU DIDN'T DO THAT?
[00:30:02]
>> BUT WHEN I STARTED IN 2022, I HAD A MAJOR HEALTH ISSUE.
I HAD A HEART ATTACK AND STROKE, THAT FOUND A HOLE IN MY HEART.
THE REASON IT WENT '22-'24 IS BECAUSE OF HEALTH REASONS.
YOU NEED A PERMIT FOR THE ELECTRICAL, FOR THE AIR CONDITIONING, AND FOR THE PLUMBING.
IF I'M GOING TO ADD THAT PATIO, THE PILLARS TO SUPPORT THE ROOF OVER THE PATIO HAVE TO BE STRUCTURALLY SOUND.
>> THE SHEET ROCK, THE INTERIOR, THE FLOORING, THE ROOFING.
THE ROOFING GOES THROUGH A CODE DISPLAY, BUT IT'S NOT A PLUGGER.
ANYWAY, SO THE SHEET ROCK, THE FLOORING, THE SIDING, THE ROOFING, AND ALL THAT, DIDN'T REQUIRE A PERMIT.
I HAD A PERMIT FOR THE ELECTRICAL, HAD A PERMIT FOR THE PLUMBING, AND A PERMIT FOR THE AIR CONDITIONING, AND THAT WAS ALL I HAD THE PERMIT FOR.
LIKE I SAID, SINCE I WASN'T REBUILDING IT, SINCE IT WASN'T DAMAGED, TO ME, IT WASN'T SUBSTANTIAL IMPROVEMENT.
I'M JUST COMING IN COMPLIANCE.
WHETHER THAT HOUSE WAS BUILT IN 1990 OR 1958, I I HAD TO GO TO MOVE INTO IT AND IT DIDN'T COMPLY WITH THE ELECTRICAL CODE, BECAUSE ELECTRICAL ENGINEERING IS MY TRADE BY PROFESSION.
IF IT DIDN'T COMPLY WITH ELECTRICAL, THAT'S WHY I'M SPEAKING ELECTRICAL, THEN IT WOULD HAVE TO BE UPGRADED AND MEET.
THAT'S WHY. THEN WE'VE BEEN HASHING BACK AND FORTH ABOUT WHAT IS SUBSTANTIAL?, WHAT IT IS? I I DON'T AGREE THAT ITS SUBSTANTIAL.
>> MR. JONES? YES. I'M NEW AT THIS AND YOU ALL HAVE BEEN HAVING A LONG CONVERSATION.
I'M GOING TO SAY AN OBSERVATION, BUT MAYBE YOU ALREADY KNOW THIS.
MY UNDERSTANDING IS SUBSTANTIAL MEANS THE PERCENTAGE OF THE HOME VALUE.
YOU HAVE AN OLD HOME VALUE THAT YOU SUBMITTED.
RIGHT NOW IT SEEMS SUBSTANTIAL, BUT PERHAPS IF YOU SUBMITTED A MORE CURRENT APPRAISAL THAT GIVES IT A HIGHER VALUE, THE IMPROVING SHOE PLAN TO MIGHT NOT BE 50% OF THAT VALUE.
IT MIGHT NOT BE CONSIDERED SUBSTANTIAL.
I'M NEW TO THIS SO SOMEBODY CAN CORRECT ME IF THAT'S A WRONG UNDERSTANDING, BUT THAT'S MY UNDERSTANDING.
>> MR. JONES, I WANT TO JUST SAY THANK YOU FOR JUST SPEAKING, COMING OUT AND JUST SHARING WHAT'S GOING ON RIGHT NOW.
THIS TIME OF YEAR. THIS IS REAL.
YOU KNOW THAT PEOPLE ARE HAVING HOUSING INSECURITY AND THAT YOU HAVE A HOME, AND YOU'RE JUST TRYING TO MAKE IT LIVABLE FOR YOURSELF.
THANK YOU FOR ADVOCATING FOR YOURSELF.
IS THERE ANYTHING THAT'S DETERRING YOU OR AS AN OBSTACLE FOR YOU TO BE ABLE TO PROVIDE THE NEEDED INFORMATION THAT'S REQUIRED? ARE YOU IN NEED OF ANY ASSISTANCE, COMPLETING ANY FORMS OR MAKING A LIST OR GETTING ADDITIONAL RESOURCES AND QUOTES? IS THERE ANY ADDITIONAL SUPPORT THAT YOU MIGHT NEED IN ORDER TO GET THE THINGS SUBMITTED SO WE CAN MOVE FORWARD WITH MAKING A DECISION OR HELPING YOU MOVE INTO YOUR HOME?
LIKE THE SUBSTANTIAL, DO I TAKE IT? IT'S A 1610 SQUARE FOOT HOUSE.
A BRAND NEW 1610 SQUARE FOOT HOUSE, IS THAT WHAT I BASE IT ON? I BASE IT AS SHE SAID ON THE TAX ROLL? THE TAX ROLL IS 60,78,34, WHICH IT DECREASES EACH YEAR [OVERLAPPING]
>> I HAVE A QUESTION. I'M SORRY TO INTERRUPT YOU, BUT THE MARKET VALUE IN 2022 WAS THAT MUCH, BUT WE'RE NOW IN 2025.
I THINK WHAT WE'RE TRYING TO SAY IS IF WE WENT WITH A 2025, IT WOULD BE MUCH HIGHER.
THAT WOULD GIVE YOU A MUCH BIGGER THRESHOLD TO NOT BE AT 50%.
>> THERE'S A SHEET IN THERE THAT SHOWS THAT IT DECREASED 24-25.
THE HOUSE DID, NOT THE LAND, BUT THE HOUSE DID.
IF I CAN IF I INCORPORATE THE LAND AND THE HOUSE, THEN IT'S A PIECE OF CAKE.
BUT THE HOUSE KEEPS DEPRECIATING AND THAT'S WHY
[00:35:02]
BECAUSE I'M GOING TO PUT A ROOF ON THE HOUSE AND THE ROOF IS GOING TO EAT UP HALF OF THAT PRICE AUTOMATICALLY.>> WERE YOU PROVIDED THAT OTHER LIST THAT HAD ALL THE STUFF WHEN THEY SAID, IN ORDER TO GET THE PERMIT, YOU HAVE TO HAVE ALL THESE THINGS INCLUDED AND ALL THESE THINGS EXCLUDED.
>> NOT WHEN I FIRST TURNED IT IN.
>>SURE. BUT THEN WHEN YOU WERE GIVEN THE LIST, DID YOU UPDATE ANYTHING TO COMPLY WITH THAT LIST OF WHAT WAS EXPECTED TO BE INCLUDED?
>> THE FIRST RECOLLECTION I HAVE OF THAT LIST WAS WHEN I MET WITH THE CITY.
THEN A YEAR AGO, THAT'S WHEN WE'RE GOING BACK AND FORTH [OVERLAPPING].
>> WOULD YOU BE ABLE TO PROVIDE THAT INFORMATION? DO YOU HAVE THAT DETAILED INFORMATION.
BECAUSE IT SOUNDS LIKE THE STRUGGLE HERE IS THAT THEY JUST DON'T HAVE SOME OF THE IMPROVEMENTS AREN'T LISTED.
CAN YOU PROVIDE THAT INFORMATION OF ALL OF THE IMPROVEMENTS THAT ARE GOING TO BE THERE TO MAKE THAT FULL LIST.? THEN WE'RE TRYING TO MAKE SURE THERE'S A THRESHOLD DIFFERENCE, BUT EVEN WITH THE THRESHOLD DIFFERENCE, I THINK THEY'RE SAYING THAT THERE'S STUFF OUT OF SCOPE THAT WASN'T REFLECTED IN THE COST.
>> IF THE APPLIANCES, IF IT PLUGS IN, IT DOESN'T COUNT.
THEN I CAN GIVE YOU THE PRICE OF THE PLUMBING AND THE PRICE OF THE ELECTRICAL.
THAT'S WHERE THE SHEET ROCK IS A COSMETIC.
IF I PULL THE SHEET ROCK OUT OF MY HOUSE AND RESET ROCK THE HOUSE, I DON'T NEED A PERMIT FOR THAT.
IF I REDO THE FLOORING, I DON'T NEED A PERMIT FOR THAT.
IF I WANT TO GO TO WOOD FLOOR OR CARPET, I DON'T NEED A PERMIT FOR THAT.
ALL THE ITEMS THAT DOESN'T REQUIRE A PERMIT BY THE CITY OF BURLINGTON DOES IT AND WHEN THEY GIVE THAT LIST, IT SAYS, IT SHOWS AGAINST THE FEMA LIST.
>> MAY I ASK THE QUESTION. THIS IS MICHELLE AND TONY, YOUR TEAM, AS WELL AS HEARING FROM MR. JONES HERE.
IS THERE A CHECKLIST? DO WE GIVE APPLICANTS A CHECKLIST SAYING, HEY, THIS IS EVERYTHING THAT'S REQUIRED IN ORDER FOR US EVEN TO MAKE A DETERMINATION TO SAY, YOU'VE DONE STEP ONE, STEP TWO, STEP THREE? DOES THAT EXIST?
>> THERE'S NO CHECKLIST. WHAT WE DO IS WE GIVE THEM THE INFORMATION PORTION OF WHAT I HAVE UP THERE IN ADDITION OF WHAT THEY NEED TO SUBMIT FOR US TO REVIEW AND MAKE THAT DETERMINATION? THERE'S A DIFFERENCE BETWEEN WHAT THE BUILDING DEPARTMENT REQUIRES AS FAR AS PERMITS VERSUS WHAT'S REQUIRED BY FEMA.
WHEN YOU DO WORK WITHIN THE FLOODPLAINS.
THERE IS A DIFFERENCE, YOU CAN'T MAKE THEM SYNONYMOUS.
>> IF MR. JONES WAS TO GIVE A FULL LIST OF EVERYTHING THAT HE'S SAYING [OVERLAPPING].
>> PER THAT LIST. ARE YOU THEN ABLE TO HELP HIM AND SAY, HEY, THIS IS UNDER OUR PERMIT, THIS IS UNDER FEMA, THIS IS OUT, JUST TO HELP HIM SEE THE DIFFERENCES.
BECAUSE LIKE YOU SAID, BECAUSE THEY'RE NOT SYNONYMOUS, TO KNOW WHAT'S IN SCOPE, WHAT'S OUT OF SCOPE.
>> YES. BUT AS FAR AS THE PERMIT GOES, THE PERMIT THE BUILDING PERMIT WOULD JUST BE ISSUED FOR THE WORK.
WHAT I'M REVIEWING IS DIFFERENT.
I AM REVIEWING A TOTAL LIST OF THE IMPROVEMENTS THAT ARE BEING PROPOSED AND THE COST.
IF THAT COST TO IMPROVE IT EXCEEDS THAT 50% OF THE VALUE OF THE STRUCTURE, THAT'S WHEN FEMA KICKS IN.
IT DOESN'T REALLY MATTER ABOUT THE PERMIT.
I DO HAVE A FLOODPLAIN DEVELOPMENT PERMIT, ALSO.
WHAT IT IS, IS TO DOCUMENT THE WORK THAT'S OUT THERE, AND THEN WE ALSO ALONG THE WAY, WE HAVE TO DO INSPECTIONS, BECAUSE IS THE WORK THAT'S BEING DONE FOLLOWING THE PLAN THAT WAS APPROVED? BECAUSE IF IT'S NOT, THEN WE HAVE TO STOP THEM, AND WE GO BACK AND FORTH UNTIL THEY COME INTO COMPLIANCE IF THEY CAME OUT OF COMPLIANCE DURING THE CONSTRUCTION.
>> GOOD EVENING, TONY MCLAIN DEVELOPMENT SERVICES DIRECTOR.
I APOLOGIZE FOR MY VOICE BUT THERE ARE A COUPLE OF THINGS THAT PLAY HERE.
BUILDING PERMITS AND INSPECTIONS DOESN'T REQUIRE ANY EVALUATION FOR RESIDENTIAL STRUCTURES.
WHEN A PERSON IS REMODELING THEIR HOME, THEY DON'T HAVE TO COME IN WITH A VALUE OF THOSE IMPROVEMENTS.
BUT THOSE ARE STATE LEVEL RULES, AND MICHELLE IS DEALING WITH FEDERAL REGULATIONS THAT THE CITY HAS ADOPTED AND IMPROVED TO A CERTAIN LEVEL OF THRESHOLD.
YOU ADD TO THE FACT THAT THE HOME WAS LARGELY GUTTED AS A RESULT OF THE REMODELING WORK.
IF ONE WERE TO GO OUT AND DO AN APPRAISAL AND COMPARE IT TO SOMETHING FROM YEARS AGO,
[00:40:01]
IT VERY WELL MAY BE LOWER, BUT I WOULD SUSPECT THAT THE COUNTY'S APPRAISAL IS GOING TO BE TYPICALLY LOWER THAN A PRIVATE APPRAISAL ANYWAY.THAT BEING SAID, WHAT WE'RE LOOKING FOR TONIGHT IS BASICALLY A DETERMINATION AS TO WHETHER OR NOT THE STAFF IS UNDERTAKING THE RIGHT INTERPRETATION BASED ON OUR UNDERSTANDING OF THE CITY'S REGULATIONS AND FEMAS.
DEPENDING ON THE ACTION THAT RESULTS, THAT DOESN'T PRECLUDE MR. JONES FROM COMING BACK AT A LATER DATE WITH CITY STAFF AND SUBMITTING ANY APPLICABLE MATERIALS.
IF IT'S DEEMED IN THE FUTURE, THAT IS A SPECIFIC VARIANCE TO CERTAIN SECTION OF THE CODE IS REQUIRED, HE CAN BRING THAT INFORMATION BACK FOR YOUR DETERMINATION ON THAT AS WELL.
>> THANK YOU FOR THAT CLARIFICATION.
THAT WAS FANTASTIC. THANKS, TONY.
>> WE GO OFF THE JOHNSON COUNTY TAX WEBSITE.
>> IF I DON'T HAVE ANYTHING ELSE.
>> IF I DO NOT HAVE ANYTHING ELSE TO COMPARE IT TO OR TO REVIEW.
THEN WE DO USE THE JOHNSON COUNTY APPRAISAL. OKAY.
BECAUSE I JUST LOOKED AT IT DID GO UP A LITTLE, NOT A LOT, BUT IT DID.
FOR US, LIKE I SAID, I'VE HAD A COUPLE OTHERS NEARBY THAT WE GAVE THEM THE SAME OPPORTUNITY TO GET AN APPRAISAL, AND IT DID COME IN MUCH HIGHER THAN WHAT WAS ON JOHNSON COUNTY.
>> WHAT STARTED THIS PROCESS? HE GOT THE PERMITS AND HE WAS ABLE [OVERLAPPING].
>> THE PERMITS WERE NEVER ISSUED..
HE SUBMITTED FOR A PERMIT IN 2022 AND THAT'S WHEN DYLAN'S GROUP MADE THE DETERMINATION THAT IT WAS GREATER THAN THE 50%.
THEN THAT'S WHAT KICKED IT OVER TO ME.
THEN THAT'S WHEN I PROVIDED THE INFORMATION TO DYLAN ON WHAT WAS REQUIRED IN ORDER FOR ME TO REVIEW AND MAKE ANY TYPE OF DETERMINATION.
THEN LIKE HE SAID, IT WENT COLD, I GUESS, OR IT STALLED, AND THEN I PICKED BACK UP IN 2024 AND THEN WE MET HIM AND HIS BUILDER ON NOVEMBER 1, 2024 AND REITERATED WHAT THE OPTIONS WERE AND WHAT THE REQUIREMENTS WERE, AND THE FACT THAT HE COULD GO GET AN APPRAISAL IF HE WANTED TO.
>> SO HYPOTHETICALLY, IF HE BROKE THIS PROJECT INTO CHUNKS, AND HE'S LIKE.
I'M GOING TO FIX THE ROOF FIRST.
FEMA KEEPS YOU FROM DOING THAT BECAUSE THAT IS DEFINITELY SOMETHING YOU CAN DO.
>> I WAS JUST SAYING, JUST LIKE THAT.
>> YOU CAN. THAT WAS SOMETHING THAT WE HAD DISCUSSED AS WELL.
THAT RECORD WOULD BE HELD WITHIN THE BUILDING DEPARTMENT AND IN OUR RECORDS.
ONCE HE HIT THAT 50%, HE WOULD HAVE TO BRING THE ENTIRE STRUCTURE INTO COMPLIANCE.
I WOULD RECOMMEND NOT DOING THAT BECAUSE THEN ALL THE FUNDS THAT YOU EXPENDED TO IMPROVE, YOU MAY HAVE TO JUST GO BACK AND REDO IT.
>> CAN YOU GO BACK TO HIS LIST THAT HE DID PROVIDE?
>> THESE ARE QUOTES BASED ON 2022, I'M ASSUMING.
>> WHEN DID WE RECEIVE THOSE? IS THAT 2022? RECEIVE?
>> I HAVE A QUESTION. WHAT'S THE DEFINITION OF IMPROVEMENTS YOU GUYS ARE USING BECAUSE IF THERE'S AN EXISTING STRUCTURE THERE FOR HOUSE OR FOR SIDINGS AND WINDOWS, THAT'S SHOULD THAT BE REALLY CONSIDERED AN IMPROVEMENT IF IT'S JUST A REPLACEMENT?
>> FEMAS. DEFINITION IS ANY REPAIR, RECONSTRUCTION, OR OTHER IMPROVEMENT OF A STRUCTURE.
IT GOES FURTHER IN THE GUIDANCE DOCUMENTS.
THE LIST THAT YOU HAVE TO GIVES YOU ON THE LEFT HAND SIDE.
THIS IS WHAT'S CONSIDERED IMPROVEMENTS.
>> AGAIN, OUR DETERMINATION TODAY IS JUST IF YOU'RE INTERPRETING THAT CORRECTLY. THAT'S ALL.
THERE'S STILL ROOM FOR ALL THE D AND PROVIDING THE LIST IN A PHRASE.
WE'RE NOT TRYING TO FIX THE PROBLEM HERE.
IT'S MORE OF A IS THAT INTERPRETATION THAT YOU ARE USING FOR THIS WITH ALL THE INFORMATION YOU'VE SHARED? CORRECT. ACCURATE.
>> EVEN IF I GET THE INFORMATION THAT I NEED, AND IT IS DETERMINED TO BE SUBSTANTIAL IMPROVEMENT, WHICH MEANS HE WOULD BE SUBJECT TO BRING THE ENTIRE STRUCTURE INTO COMPLIANCE, HE HAS THE ABILITY TO THEN REQUEST A VARIANT TO THE ACTUAL REQUIREMENTS FOR BUILDING.
>> THERE ARE STEPS TO GO DO ALL THAT.
>> MAY I ASK A QUESTION? IS THE ONLY ACCEPTABLE WAY TO ESTABLISH THE FINISHED FLOOR IS GOING TO BE THROUGH A SURVEY?
>> THROUGH AN ELEVATION CERTIFICATE.
>> ELEVATION CERTIFICATE? THANK YOU.
[00:45:02]
>> IF I KNEW WHAT THE ELEVATION OF THE SLAB WAS, IT COULD BE A DIFFERENT CONVERSATION AS WELL.
>> MR. JONES, HAVE YOU TALKED TO ANYBODY ABOUT GETTING THAT CERTIFICATE TO PEOPLE?
>> YOU HAD TWO OF THEM DONE? WERE THEY SUBMITTED?
DO YOU HAVE A SUBMITTED A SURVEY, NOT AN ELEVATION.
>> SURVEY. HE GAVE THE ELEVATION OF THE TOP OF THE FLOOR BECAUSE I WAS TOLD TO GO SPECIFICALLY GET THE TOP OF FLOOR ON THE HOUSE.
>> I NEED A ELEVATION CERTIFICATE.
>> I GUESS MY QUESTION WOULD BE MAYBE TO ALL.
>> WHAT'S THE END GOAL? LIKE, DO WE TAKE A VOTE, SAY, YAY, NAY? SORRY.
>> IGNORING MY OWN RULE HERE BY NOT TURNING MY MIC ON.
I THINK ULTIMATELY WE PROBABLY SHOULD HEAR FROM EVERYBODY.
IF YOU DON'T HAVE ANY MORE QUESTIONS IMMEDIATELY FOR THE APPLICANT OR THE CITY, THE PUBLIC HEARING IS STILL OPEN.
WE NEED TO CALL, EVEN THOUGH I KNOW WE DON'T SEE A LOT OF PEOPLE OUT IN ATTENDANCE.
THE CHAIR SHOULD STILL CALL IF THERE'S ANYONE TO SPEAK, AND IF THERE'S NOBODY, EACH SIDE WILL BE GIVEN A CHANCE TO GIVE A REBUTTAL LAST STATEMENT.
THEN, AT THAT POINT, WE CAN CLOSE THE HAIR CAN CLOSE THE PUBLIC HEARING.
YOU CAN DISCUSS AMONGST YOURSELVES, AND AT THAT POINT, YOU'LL MAKE A MOTION TO EITHER APPROVE THE APPEAL OR DENY THE APPEAL IN THE CASE PRESENTED.
>> ARE THERE ANY OTHER SPEAKERS AT THIS TIME? I CLOSE THE PUBLIC HEARING AT 7:09 PM.
>> MAY I JUST JUMP IN THERE? MR. JONES, DO YOU HAVE ANYTHING FURTHER YOU'D LIKE TO SAY?
>> THE BOTTOM LINE IS, I'M JUST TRYING TO MAKE THE HOUSE LIVABLE.
I DON'T WANT TO SAY THIS, BUT I'M GOING TO.
FOR 15 YEARS, I WAS A DISASTER RELIEF COORDINATOR FOR FEDEX ALONG THE HURRICANE RELIEF.
I WORKED 15 YEARS HAND IN HAND WITH FMA.
I ALSO DID A DISASTER RELIEF PROGRAM IN HOUSTON DURING HURRICANE IKE.
MY GROUP REBUILT 104 HOUSES THAT WERE FLOODED BY HURRICANE IKE.
DEALT WITH FMA, AND THIS IS THE FIRST I'VE HEARD OF ANY OF THIS IN ALL MY YEARS DEALING WITH FMA.
I CAN SEE IF THE HOUSE WAS WIPED OUT AND DESTROYED BY A FLOOD, THEN HAVING TO COMPLETELY REBUILD IT.
I CAN SEE THAT, BUT IT'S NEVER BEEN TOUCHED.
IT'S NEVER HAD A DROP OF WATER IN IT, AND THAT'S WHERE I HAVE AN ISSUE.
ANOTHER ISSUE I HAVE IS THE KITCHEN CABINETS, FOR EXAMPLE, THE NEW KITCHEN CABINETS INSTALL ON THEM, THOSE KITCHEN CABINETS ARE GOING TO BE $45,000 ON KITCHEN CABINETS.
YOU HAVE TO INCLUDE KITCHEN CABINETS ON THAT LIST.
THAT'S MY PROBLEM THAT I HAVE.
THE LAST RESORT FOR FMA IS THE NFPA 70, WHICH IS WHAT ALL THE CODES ARE COMING FROM.
FMA SAYS, THEY ALWAYS TOLD US AT FEDEX, THEY ALWAYS TOLD ME THAT I DON'T CARE WHAT YOU DO, IT'S GOT TO BE SAFE AND LIVABLE.
THAT WAS MY WHOLE APPROACH. I WANT TO GO TO THE HOUSE.
I WANT TO MAKE IT LIVABLE AND SAFE BECAUSE I DON'T WANT IT TO BURN UP ON ME.
THEN ANOTHER QUESTION I HAVE IS IF THAT HOUSE FLOODS, LET'S SAY THE CREEK BEHIND THE HOUSE FLOODS AND DAMAGES THE HOUSE, WHAT LIABILITY IS THE CITY GOING TO HAVE ON THAT HOUSE? IF YOU READ ALL THE FMA DOCUMENTS, THE PRE-FIRM, AND THE NFPI.
IT'S BASICALLY AN UNDERWRITER FOR INSURANCE.
IF I WANT MY HOUSE INSURED, THEN I HAVE TO COMPLY WITH ALL THAT.
MY THINKING IS THAT IF YOU BUY A 1970 CHEVY CHEVELLE AND YOU RESTORE THAT, FIX IT UP, IT'S GOING TO BE WORTH $35,000.
INSURANCE IS ONLY GOING TO GIVE YOU $4,000 FOR IT BECAUSE OF THE INSURANCE.
TO ME, I THINK INSURANCE IS DRIVING ALL THESE COSTS.
I'M LOOKING AT IT FROM A SAFE, LIVABLE STAND.
[00:50:01]
I WANT IT TO LOOK GOOD. IF YOU GO LOOK AT IT RIGHT NOW, IT'S AN EYESORE.I WANT IT TO LOOK GOOD. I WANT TO LOOK GOOD FOR THE CITY.
I WANT IT TO BE SAFE TO LIVE IN, AND IF IT FLOODS, THEN I HAVE TO REPAIR IT.
IF I DON'T REPAIR IT, THEN THE CITY TAKES ACTION.
SOME OF THESE NUMBERS ARE REALLY SKEWED TO ME.
THEY DON'T MAKE ANY SENSE TO ME, AND THAT'S ALL I WANTED TO MAKE SENSE FOR.
THE CABINETS, THE ROOFING, ALL THAT.
IT DOESN'T MAKE SENSE TO ME. BUT THAT'S IT.
I JUST WANT A LIVABLE HOUSE. THANK YOU.
BELIEVE IT OR NOT, THIS CIRCUMSTANCE IS NOT UNIQUE.
WE FREQUENTLY HAVE CITIZENS AND PROPERTY OWNERS THAT HAVE PROPERTIES IN THE FLOODPLAIN.
WE'VE BEEN SUCCESSFUL TO THE EXTENT THAT THEY'VE GONE OUT AND HAVE GOTTEN ADDITIONAL APPRAISAL OF THE PROPERTY.
THEY'VE GONE THROUGH THE PROCESS AND HAVE BEEN ABLE TO FINISH THE HOMES BECAUSE OF THE OUTCOMES.
I'M NOT SAYING THAT WOULD BE INDEED THE CASE WITH MR. JONES, BUT WHAT THE STAFF NEEDS IS ENOUGH OF THE ELEMENTS TO BE COMPLETE SO THAT WE CAN GIVE YOU AN UNDERSTANDING OF WHERE WE ARE IN THE PROCESS.
I UNDERSTAND THE TREPIDATION THAT MR. JONES HAS IS A LOT OF WORK.
THERE ARE SOME COSTS ASSOCIATED WITH IT.
WE WERE FORTUNATE ENOUGH TO HAVE A BUILDER THAT WAS REPRESENTING HIM AT A CERTAIN POINT IN TIME, AND WE TRIED TO TALK THROUGH ALL OF WHAT WAS NECESSARY AT THAT POINT IN TIME.
WE HAVE ABSOLUTELY NO ISSUE CONTINUING ANY CONVERSATIONS OR ANY DECISION TO TERMINATION YOU MAKE TONIGHT.
BUT AS FAR AS OUR ROLE AT THE LOCAL LEVEL, THE CITY IS A PARTICIPANT IN THE NATIONAL FLOOD INSURANCE PROGRAM; THE EXPECTATION IS THAT WE'LL USE GOOD DISCRETION, AND IN THE EVENT THAT WE CAN'T DO IT, WE BRING IT TO THE BOARD.
IN THE EVENT THAT THE BOARD SIDES WITH THE PROPERTY OR WITH THE CITY, WE'RE GOING TO REPORT IT EITHER WAY.
THAT'S WHAT I'M TRYING TO SAY.
THE STREET THAT MR. JONES LIVES ON ACTUALLY HAS OTHER PROPERTIES IN THE FLOOD PLAIN ACROSS THE CORNER, AND THE CITY HAS GONE THROUGH GREAT EXTENTS TO CLEAN OUT THE CREEK AREA BACK THERE BASED ON SOME COMPLAINTS THAT WE GOT FROM RESIDENTS AND WENT THROUGH THE PROCESS WITH THE PARKING.
OTHERWISE, WOULDN'T HAVE DONE THE PROJECT.
I BELIEVE AS THESE NATURAL OCCURRENCES HAPPEN, THERE IS A GREAT LIKELIHOOD THAT SOME OF THOSE PROPERTIES MAY BE FLOODED, BUT I'M ALSO CONFIDENT TO KNOW THAT THE CITY'S ENGINEERING REPORTS WILL STAND UP IF THERE WAS ANY CRITIQUE OF THEM BASED ON WHAT MAY HAPPEN IN THE NEIGHBORHOOD.
>> I HAVE A QUESTION FOR YOU NOW. YOU OPEN, THANK YOU.
THANK YOU FOR THAT COMMENT, BUT IT OPENED UP ANOTHER THOUGHT PROCESS FOR ME.
WHAT DATA DOES YOUR DEPARTMENT HAVE THAT SHOWS, LIKE, WHAT HOMES HAVE BEEN IMPROVED UPON MEETING THE CRITERIA 2022-2024? I'M CURIOUS TO SEE IF YOU HAVE THAT DATA AVAILABLE? ARE WE ABLE TO REQUEST THAT DATA TO SEE WHAT DECISIONS HAVE BEEN MADE IN FAVOR AGAINST MATRIX INTERPRETATION? AGAIN, HAS BEEN CONSISTENT.
THAT WE ARE SETTING A PRECEDENT, AND IT IS, THAT'S JUST THE INTEGRITY OF THE OFFICE MAKING THOSE DECISIONS.
>> I BELIEVE MY DEPUTY DIRECTORS BEHIND ME HAVE ALL THAT INFORMATION REGARDING REMODELING, AS WELL AS SUBSEQUENT ENGINEERING FMA-RELATED DOCUMENTS.
>> I'D LIKE TO REQUEST SEEING THOSE AT SOME POINT, IF THAT'S POSSIBLE.
>> BECAUSE I REMEMBER YOU SAYING SOMETHING ABOUT A FLOODPLAIN FRINGE? THAT'S THE GREEN PART OF THE MAP.
IS THAT INCLUDED IN THIS VALUATION? ARE WE ONLY LOOKING AT THIS BLUE PART THAT COVERS THAT?
>> ANY STRUCTURE WITHIN THE FLOODPLAIN IS MADE UP OF THE FLOODWAY AND THE FLOOD FRINGE.
THEN YOU HAVE A 500-YEAR FLOODPLAIN.
THE GREEN AND THE BLUE MAKE UP 100 YEAR FLOODPLAIN.
THAT'S WHAT THEY CALL IT. YOU HAVE A FLOODWAY FLOOD FRINGE.
THEN YOU HAVE A 500 YEAR FLOODPLAIN THAT DOES NOT HAVE ANY REGULATIONS.
SOME CITIES' HIGHER STANDARDS HAVE REGULATIONS IN THE 500? WE DO NOT.
IF YOU'RE OUTSIDE THAT 100-YEAR FLOODPLAIN, THERE'S NO REGULATIONS.
>> THE FIVE FLOWAGE IS NOT SHOWN HERE.
>> THIS IS THE FRINGE, WHICH IS MOST OF THE HOUSE, AND THEN THE FLOOD PLAIN ITSELF IS JUST THAT.
>> THE FLOODPLAIN IS THE GREEN AND THE BLUE.
YOU HAVE A FLOOD WAVE, WHICH IS BLUE.
THAT IS WHERE YOUR HIGHEST VELOCITIES, MOST DAMAGE OCCURS.
[00:55:03]
IT'S WHERE YOUR RUSHING WATER IS.THEN YOUR FLOOD FRINGE, MOST OF THE TIME, YOUR FLOODING IS JUST VERY LOW VELOCITIES, RISING WATER.
>> I THINK IT'S IMPORTANT THAT WE, AS A BOARD, REMEMBER THAT RIGHT NOW, ALL WE'RE TRYING TO DO IS GET THE APPLICANT TO SUBMIT MORE INFORMATION FOR THE CITY TO LOOK AT.
LIKE YOU SAID EARLIER, THAT WE DON'T HAVE TO DECIDE YES OR NO.
WE JUST CAN SAY WE NEED MORE INFORMATION.
>> WE'RE NOT TRYING TO FIX ANYTHING HERE.
WE'VE GIVEN A LOT OF GREAT FEEDBACK AND ADVICE, A LOT OF GREAT QUESTIONS.
WHAT WE ARE ONLY TRYING TO SAY IS THE INTERPRETATION FROM THE CITY CORRECT TO HOW THE CITY HAS GONE TO THE NATIONAL FLOOD INSURANCE PROGRAM.
THEY HAVE A BUNCH OF REGULATIONS.
IS THE CITY INTERPRETING IT CORRECTLY AND ANALYZING IT CORRECTLY? YAY, NAY.
THERE ARE SO MANY OTHER REALMS TO GO FIX EVERYTHING. WE DON'T NEED TO DO THAT.
IT'S JUST A YAY, NAY INTERPRETATION.
I'M GOOD TO VOTE. [OVERLAPPING].
>> I'M GOING TO JUMP IN. BEFORE YOU MAKE A MOTION, BECAUSE WE'VE TALKED BACK AND FORTH, AND I SET UP THESE GUIDELINES BEFORE, AND WE'RE ALL TALKING WITH THIS GREAT CONVERSATION, A GREAT HEARING, BUT I JUST WANT TO GIVE MR. JONES AN OPPORTUNITY TO CLOSE IT UP IF HE HAS ANYTHING FINE.
>> YOU DON'T HAVE TO. THERE'S NO OBLIGATION.
I'M JUST GIVING YOU THE OPPORTUNITY, SIR.
>> THANK YOU AGAIN, MR. JONES. WE HEAR YOU, SO THANK YOU.
>> Y'ALL ARE FREE NOW TO ENTERTAIN A MOTION OR DISCUSS THE ITEM FURTHER AMONGST YOURSELVES?
>> I HAVE TO START IT, BUT I'LL SAY IF YOU AGREE WITH THE FLOODPLAIN ADMINISTRATOR'S INTERPRETATION, THAT YOU WOULD MAKE A MOTION TO DENY THE APPEAL OF THE FLOODPLAIN ADMINISTRATOR'S INTERPRETATION IN THIS CASE.
>> WHATEVER THAT IS, YES. I MOVED A MOTION THAT I AGREE WITH.
>> IF YOU MAKE A MOTION TO DENY THE APPEAL OF MR. JONES OF THE FLOODPLAIN ADMINISTRATOR'S INTERPRETATION.
>> AGAIN, TO MR. JONES, CAN I SAY SOMETHING JUST REAL QUICK?
>> WELL, LET'S GO AHEAD AND TAKE THE VOTE. LET ME JUST MAKE SURE.
I GOT TO LOOK BACK AT THE CITY SECRETARY'S OFFICE, MAKE SURE THAT Y'ALL CAN GO AHEAD.
>> ALL THOSE OPPOSED? GOD, I'M SURE I SAW YOUR VOTE.
>> YOU'RE VOTING AGAINST THE MOTION. THANK YOU.
>> THE MOTION PASSES. YES. CORRECT.
>> AGAIN, MR. JONES, IT'S NOT THAT WE DON'T WANT YOU TO BE ABLE TO DO WHAT YOU WANT TO DO.
IT'S REALLY JUST BECAUSE WE THINK YOU NEED TO GO BACK AND WORK WITH THE CITY AGAIN AND PROVIDE SOME MORE INFORMATION. THAT'S ALL.
>> NEXT ITEM IS 6B 725 WITCH COURT CASE 25-343.
HOLD A PUBLIC HEARING AND CONSIDER AN APPEAL OF THE STAFF'S DETERMINATION REGARDING THE PLACEMENT OF AN ACCESSORY STRUCTURE CARPORT IN THE FRONT YARD LOCATED AT 725 WITCH COURT, STAFF CONTACT LIGHT AND PIERCE PRINCIPAL PLANNER.
CALL ON STAFF LIGHT AND PIERCE TO MAKE A PRESENTATION.
SORRY IF I SAID YOUR NAME WRONG.
IT'S NOT THAT THE ISSUE IS GOING AWAY, BUT WE'RE GOING TO REEVALUATE NOTICE MESSAGING AS WELL AS THE [INAUDIBLE].
WE WILL BE COMING BACK BEFORE YOU NEXT.
>> THAT MOVES US ON TO SECTION 5 ZBA REQUESTS FOR FUTURE AGENDA ITEMS OR REPORTS.
[5. ZBA REQUESTS FOR FUTURE AGENDA ITEMS OR REPORTS]
DO WE HAVE ANY FUTURE AGENDA ITEMS OR REPORTS? NO.>> SORRY, REAL QUICK. DID YOU SAY THERE WAS TRAINING INVOLVED? DID YOU ALL DO IT?
>> YEAH, WE'RE TOTALLY GOING TO NEED THAT.
>> IS IT LIKE A TRAINING A WHILE BACK FOR SOMEONE ELSE?
>> I THINK THAT'S A GREAT ITEM TO MENTION ON FUTURE.
[01:00:04]
I THINK THE STAFF AND I WILL JUST DO SOME BOARD TRAINING. SOUNDS GREAT, PASTING.>> DEFINITELY GOING TO NEED THAT.
>> THAT MOVES US ON TO SECTION 6, RECESS INTO THE EXECUTIVE SECTION.
>> THERE'S NO NEED FOR EXECUTIVE SESSIONS. MADAM CHAIR.
THAT MOVES US ON TO SECTION 7 ADJOURN.
>> I MAKE A MOTION THAT WE ADJOURN THE MEETING AT 7:23.
>> WE'RE SO GOING TO NEED SOME TRAINING [LAUGHTER].
* This transcript was compiled from uncorrected Closed Captioning.