* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] ALRIGHT, WELCOME TO THIS SPECIAL MEETING OF THE GARLAND CITY COUNCIL. I HAVE A FIRST ITEM ON OUR AGENDA IS PUBLIC COMMENTS. MADAM SECRETARY, DO WE HAVE ANYONE SIGN UP FOR PUBLIC COMMENTS? NO, SIR. WE DO NOT. ALRIGHT, VERY GOOD. THEN. MR. CITY ATTORNEY, YOU HAVE AN INTRODUCTION FOR US, MR. MAYOR AND COUNSEL. UH, TONIGHT'S HEARING CONCERNS AN APPEAL BROUGHT BY MR. LEE OF THE OFFICIAL OF THE BUILDING OFFICIALS ORDERS RELATED TO VARIOUS IMPROVEMENTS CONSTRUCTED BY THE APPELLANT AT 34 0 1 RIDGEDALE GARLAND, TEXAS. THE THREE RELATED ACTIONS THAT YOU'LL BE REVIEWING TONIGHT OF THE BUILDING OFFICIAL ARE REVOCATION OF THE BUILDING PERMIT FOR A NEW GARAGE BEING BUILT ON SITE NUMBER TWO, AN ORDER REQUIRING DEMOLITION OF THE PORTIONS OF THAT GARAGE ALREADY CONSTRUCTED. AND NUMBER THREE, AN ORDER REQUIRING REMOVAL OF THE GARAGE CONVERSION IMPROVEMENTS AND RESTORATION OF THE ORIGINAL ATTACHED TO CAR GARAGE. UH, COUNSEL SHOULD INDEPENDENTLY EVALUATE THE EVIDENCE AND THE LEGAL AND FACTUAL GROUND SUPPORTING EACH OF THOSE ACTIONS I JUST MENTIONED. I RECOMMEND APPLYING A PREPONDERANCE OF THE EVIDENCE STANDARD THAT IS MORE LIKELY THAN NOT, UH, WHETHER A DISPUTED FACT IS MORE LIKELY TRUE THAN NOT. THE CITY SHOULD ESTABLISH THE GROUND SUPPORTING EACH ACTION THAT'S THEIR, UM, BURDEN. AFTER THE WITNESSES ARE SWORN, THE APPELLANT AND THE BUILDING OFFICIAL WILL EACH HAVE 10 MINUTES, FOLLOWED BY FIVE MINUTES FOR THE APPELLANT'S REBUTTAL. COUNSEL WILL THEN DISCUSS AND VOTE. YOUR DECISION SHOULD ADDRESS EACH OF THE THREE ACTIONS SEPARATELY IDENTIFYING ANY RELIEF GRANTED AND ANY SPECIFIC STIPULATIONS NECESSARY TO ENSURE COMPLIANCE. ALRIGHT, VERY GOOD. THEN WE'LL SWEAR IN THE WITNESSES IF YOU'D RAISE YOUR RIGHT HAND, SIR. YOU SWEAR. THANK YOU, SIR. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO. YES, SIR. VERY GOOD. ALRIGHT, AS THE APPELLANT, YOU'LL HAVE 10 MINUTES FIRST TO GIVE YOUR PRESENTATION. MADAM SECRETARY, WOULD YOU PLEASE PUT 10 MINUTES ON THE CLOCK? I'LL GIVE YOU A WARNING WHEN YOU'RE AT FIVE MINUTES AND WHEN YOU'RE AT TWO MINUTES AS WELL. OKAY. UM, JACKSON LEE, UH, REPRESENT THE HOUSE OF RIDGEDALE, UH, 3 4 0 1. UM, SO FIRST, UM, IT THAT I HAVE IS THE PERMIT THAT WE HAVE THAT WAS APPROVED LAST YEAR. UM, THAT KIND OF GOES THROUGH WITH THE GARAGE ADD-ON. THAT WAS AGREED WITH THE CITY WITH THE SIZE THAT WAS, UH, UH, APP APPROVED BY THE CITY. UM, THE INSPECTIONS THAT NEEDED WITH THE SITE PLANNING. UM, THE DISPUTE IS RIGHT NOW AT THE MOMENT IS WITH THE CITY WHERE THE SIZE OF THE GARAGE THAT WAS ALREADY ORIGINALLY APPROVED. SO LEMME GET TO THE POINT OF JUMPED, WHICH IT WAS APPROVED FOR 18 FEET BY 18, WHICH IS THE GARAGE SIZE. UM, SO AFTER IT WAS APPROVED, UM, OUR CREW CAME AND, YOU KNOW, DID THE BUILDING, THE FOUNDATION AND THE CITY HAD CAME, UH, THREE TIMES TO INSPECT THE, UH, FOUNDATION, UM, OF THE STRUCTURE AND THE, YOU KNOW, THE FRAMING IN THE, IN THE BUILDING OF IT, IN WHICH THEY HAVE APPROVED IT ALREADY. UM, SO NOW, YOU KNOW, FEW MONTHS LATER, WHICH ABOUT A COUPLE WEEKS AGO, THEY CAME AND REVOKED OUR PERMIT, STATED THAT IT DIDN'T MEET THE REQUIREMENT OF THE MINIMUM SIZE WAS 18 BY 18, BUT WISH THEY ALREADY APPROVED. THIS IS CONTINUE WITH THE HIGH AND WE HAVEN'T GOT THAT FAR. WE, AT THIS MOMENT WE'RE ONLY AT THE FRAMING PART. UM, SO YEAH, HERE'S THE GARAGE. THIS IS PRETTY MUCH WHAT EVERYTHING THAT ME AND, UH, DONNA FIELD, WHICH IS, UH, ANOTHER CODE ENFORCEMENT. I'VE BEEN, UH, A PERMIT. I, I DON'T KNOW EXACTLY HER POSITION, BUT THAT I'VE BEEN CONTACTING WITH. AND THIS IS, UH, THIS IS THE, JUST THE PLAN OF THE HOUSE THAT YOU GOT. YOU KNOW, THIS IS THE WHOLE PERMIT THAT Y'ALL CAN LOOK THROUGH AND GO TO THE COMMUNICATION WE HAVE. SO NOW THE DISPUTE RIGHT NOW IS WHEN SEAN CAME OVER A COUPLE WEEKS AGO AND I TALKED TO HIM, UM, WHICH, WHICH HE'S NOW TELLING ME THAT THE MINIMUM IS 18 FEET WITHIN INSIDE THE BUILDING, NOT 18 FEET OF THE WHOLE STRUCTURE OF THE BUILDING. RIGHT, WHICH IS FROM THE MEASUREMENT FROM THE OUTSIDE. SO OBVIOUSLY WITH THE, WITH THE WALL SIZE, THE, THE INSIDE BECOMES SMALLER THAN EXACTLY 18 FEET. SO HERE'S LIKE THE MEASUREMENT. SO IT'S ABOUT 17 AND ABOUT TWO TO THREE INCHES ON THE ONE SIDE. AND THEN THE OTHER SIDE, IT'S ABOUT, ABOUT A LITTLE BIT MORE THAN THAT, ABOUT 17 AND A HALF. SO PRETTY MUCH IT'S HALF A FOOT SHORT, UM, FRONT END SIDE AND WHICH WAS NOT CLARIFIED, IT WAS NOT MENTIONED AND WAS NOT, YOU KNOW, BROUGHT UP TO OUR ATTENTION FROM THE OUTSIDE ON THE FRAME CLEARLY SHOWS, THIS IS WHERE 18 IS AT, THERE'S ABOUT TWO INCHES OVER [00:05:01] IT. THIS IS WHERE 18 IS AT, ABOUT ONE INCH AND A HALF THAT'S OVER IT. SO IT'S PRETTY UNFAIR FOR US. WE SPEND A LOT OF MONEY. WE SAVED UP A LOT OF MONEY, SPEND A LOT OF MONEY ON THE PERMIT. UH, THE CONTRACTOR WE HAD BEFORE ACTUALLY SCREWED US OVER AND TOOK HALF THE MONEY AND DIDN'T EVEN FINISH IT. ONLY BUILT A FOUNDATION OF THE BU UH, OF THE BUILDING AND KIND OF JUST LOVED IT AT THAT. SO WE HAD TO RESAVE UP MONEY AND CONTINUE THIS PROJECT AND WHICH WE DID AGAIN, WHICH IS PAST COUPLE WEEKS. THIS IS COMMUNICATION WITH, UH, DONNA FIELD, WHICH IS, UH, ONE OF THE CODE ENFORCEMENTS, UH, WELL PLANNING DEPARTMENT. UH, THIS IS JUST AN EMAIL BETWEEN ME AND HER THAT WE HAD MULTIPLE, UH, CONVERSATIONS THROUGHOUT THE WHOLE PROCESS. SHE'S BEEN VERY HELPFUL. I MEAN, I'M OVER A HUNDRED EMAILS WITH HER. I MEAN, SHE'S BEEN CONSTANTLY HELPING OUT AND THIS IS JUST VERY MUCH THE DETAILS THAT WE GO THROUGH AND CONFIRMING EVERY SINGLE THING. UM, THIS IS WHEN THE PLAN'S APPROVED ALREADY AND THEY COME BACK WHERE THE NEIGHBORS COMPLAIN. THERE'S A LOT OF DISPUTE WITH THE NEIGHBORS. SO THEY'VE BEEN MAKING LOT REPORTS OR COMPLAINTS AGAINST US, WHICH IS A LOT OF, MOST OF THE TIME IT'S FALSE. BUT THE THING IS, THE DEPARTMENT NOT REALLY FULLY COMING IN AND CONFIRM IF THE COMPLAINT IS TRUE OR NOT, BUT JUST AUTOMATICALLY MARK IT AS IT IS BECAUSE OF IT. WE HAD TO REORDER ANOTHER SURVEY. WE HAD TOTAL THREE SURVEY DONE BECAUSE OF IT. AND EVERY TIME IT COST US MORE MONEY. AND YOU KNOW, THIS IS JUST SHOW THE DISTANCE FROM THE FIRST DISPUTE WAS HOW CLOSE IT WAS TO THE SIDE, YOU KNOW, WHICH THE REQUIREMENT WAS SEVEN AND A HALF. AND, AND, AND THE SURVEY FROM, GIMME ONE SECOND AND WE HAD A NEW SURVEY DONE. THAT WAS AFTER THE FOUNDATION WAS DONE AND THESE CITY HAD CAME AND REINSPECTED THREE TIMES AND CONTINUING APPROVED IT AND CONTINUE ALLOWED US TO CONTINUE IT. AND AFTER WE SPENT ALL THAT MONEY AND FOR THEM TO CANCEL US OUTTA NOWHERE, IT'S VERY UNFAIR. AS YOU SEE THE SIDE, THE DISTANCE IS 7.6, WHICH IS MORE THAN 7.5, WHICH IS ILLEGAL. ALLOW, UH, UH, DISTANCE. UM, AND THIS IS THE GARAGE THAT WAS APPROVED BY THEM. THEY HAD THE SURVEY, THEY HAD ALL THREE OF THE SURVEY THAT WE HAD. AND SO THERE'S ANOTHER, UM, SITUATION WHERE THEY'RE SAYING OUR ENTRY DOOR SIZE IS TOO SMALL. OH, I HAD TALKED TO DONNA, SHE'S THE ONE THAT APPROVED IT AND TOLD ME IT WAS OKAY, THIS SHOWS THIS, THIS IS THE EMAIL WITH HER WHERE IT SHOWS HER THE FOOTER IS EIGHT, UH, 12 FEET. AND I TALKED TO HER AFTER THE PHONE CALL SAYING THAT, WELL, OBVIOUSLY THE HEADER, IF IT'S 12 FEET THE DOOR IS GONNA BE A BIT SMALLER. SO WITH THAT, OUR ENTRY DOOR AT RIGHT NOW IS AT 11 FEET, BUT WHICH IS STILL ENOUGH TO, FOR A CAR TO GO IN AND OUT, YOU KNOW, AND WE ARE STILL WITHIN OUR PROPERTY LINE AS WELL. SO WHEREAS THIS JUST SHOWS MORE, THE INSPECTOR CAME OUT WHERE THERE'S A COMPLAINT FROM THE NEIGHBOR. UM, YOU KNOW, BECAUSE EVERY TIME THEY COMPLAIN, I UNDERSTAND CITY HAS TO DO THEIR JOB AND, AND COME AND CHECK AND NEVER ONCE WAS MENTIONED THAT IT WAS TOO SMALL. I MEAN, BECAUSE IT'S CLEARLY, I MEAN THEY'VE BEEN DOING THIS FOR, YOU KNOW, FOR A WHILE. MANY YEARS. THEY SHOULD KNOW IF THEIR FOUNDATION'S AT 18, THERE'S NO WAY THE INSIDE WOULD'VE BEEN 18. SO HOW THEY APPROVE THE 18 FOUNDATION WHERE THEIR INSIDE IS END UP BEING, YOU KNOW, 18. SO HERE'S ANOTHER, I MEAN, LIKE I SAID, WE HAVE OVER A HUNDRED EMAILS. SO AFTER ALL THIS CONFIRMATION, SHE HAS APPROVED US AGAIN. UM, UM, OR THIS IS WHEN SHE WAIT FOR THE SURVEY AND THE SURVEY CAN DO. AND THEN SHE REPRO APPROVED US AGAIN ON APRIL TO CONTINUE IT. AND, AND YOU KNOW, RIGHT HERE, SAY THANK YOU A SURVEY, UM, AND SEE THE DRAWING. SO THE, THERE WAS A DRAWING THAT WAS MIXED UP ON THE LEFT AND RIGHT, WHICH WAS ALREADY FIXED AND SHE CONFIRMED IT AGAIN, WHICH APPROVED AND SHE SAY, YOU KNOW, YOU MAY NOT PROCEED. SO WE HAVE CONTINUOUS IN ORDER AND THIS IS IN MAY NOW. AND THIS IS IN ONE OF THE INSPECTIONS FROM THE CITY THAT CAME AND INSPECTED THE FOUNDATION, THE STORM WEATHER, WHICH YOU CAN SEE RIGHT HERE. IT SHOW IT PASSED, WHICH IS OBVIOUSLY THEY CAME AND INSPECTED AND CLEARED IT AND PASSED IT. AND, AND NOW WE ARE GOING OUT TO THE NEXT SP NEXT SPOT WE'RE BUILDING INTO. THIS IS THE PRO PERMIT FROM THE CITY AGAIN. AND CLEARLY SHOWS THAT THIS IS WHERE WE AT RIGHT NOW. THAT IT STILL FITS TWO CARS EASILY. THE SIDE IS OBVIOUSLY BIG ENOUGH THAT FOR OUR CARS TO BE ABLE TO MAKE IT INSIDE AND WE HAVE BUILT A A, A FENCE BETWEEN THE PROPERTY LINE, WELL, I MEAN A LITTLE BIT CLOSER WITHIN OUR PROPERTY LINE TO EVEN GIVE THE NEIGHBOR MORE PRIVACY. AND THAT'S ALL A HUNDRED PERCENT COMING OUTTA OUR POCKET. [00:10:01] WE HAVE TWO MINUTES LEFT. AND, AND WHICH IT SHOWS CONSTANTLY OF THE CITY HAS BEEN BIASED AS THE NEIGHBORS, YOU KNOW, ROXANE AND, AND THE OTHER SIDE, THEY'RE BOTH SIDE, THEY'RE REALLY CLOSE FRIENDS WHO ARE ONE CITY COUNCILMAN. SO THEY'RE AND BORN JUST MEETING AND UH, THEY HAVE ADMITTED THAT THEY GREW UP CHILDHOOD FRIENDS THAT THEY HAVE SHOWN MANY TIMES. I HAD REALLY BIAS DECISIONS THROUGHOUT OUR PROCESS OF GETTING OUR PROPERTY UP TO COAL, UP TO, YOU KNOW, THE STANDARD OF OF MEETING OR OR HAVING A GARAGE OR NOT DOES NOT AFFECT THE NEIGHBORHOOD, DOES NOT AFFECT THE THE NEIGHBORS. 'CAUSE THAT'S WHAT WE SAW WITHIN OUR LIMIT. EVEN BEING A FOOT OR HALF A FOOT SMALLER OF, OF THE INSIDE, IT DOES NOT AFFECT MANY, ANY, ANYBODY IN CITY OF GARLAND. THERE'S A LOT OF PROPERTY THAT'S HAVE BEEN GRANDFATHERED IN THAT DOES NOT EVEN HAVE A GARAGE AT ALL. SO, YOU KNOW, IT JUST SHOWS THAT WE BEING TREATED UNFAIRLY WHERE OTHER PEOPLE CAN GET BY WITH CERTAIN THINGS AND, AND WE'RE, WE'RE LITERALLY GETTING HARD PLACE TEAR DOWN AND SPEND THOUSANDS, THOUSANDS OF DOLLARS OVER HALF A FOOT BEING TOO SHORT. SO, AND I'M ASKING, YOU KNOW, OBVIOUSLY THE SAME CITY COUNCILMAN THE MAYOR TO BE FAIR AND LOOK AT THE, THESE FACTS I HAVE WITH THE CITY AND, AND YOU KNOW, RE YOU KNOW, THEY REVOKED OUR PERMIT TO SAIN OUR PERMIT. SO WE CONTINUE TO FINISH THIS GARAGE WHERE, WHICH IS REQUIRED BY A CITY. WE DON'T EVEN NEED A GARAGE, YOU KNOW, IN, IN A SENSE WE DON'T MIND OUR CAR BEING OUTSIDE. WE HAVE A LONG DRIVEWAY. WE'LL HAVE A LONG FUN DRIVEWAY. WE'RE NOT BLOCKING ANYBODY. BUT CONSTANTLY THROUGHOUT THE YEARS WE HAVE BEEN HARASSED OVER AND OVER AND OVER AND OVER. SO, YOU KNOW, AND NOW WE'RE HERE TODAY. ALRIGHT, VERY GOOD. UM, SECRETARY, WOULD YOU PLEASE RESET THE TIMER FOR 10 MINUTES AND WE'LL NOW LET THE BUILDING OFFICIAL HAVE 10 MINUTES FOR PRESENTATION? YES SIR. THANK YOU, MR. MAYOR. COUNSEL, WE'RE JUST OKAY. THANK YOU. I WANT TO DISCUSS PERMIT REVOCATION RIGHT OFF THE BAT TO KIND OF GO OVER WHAT THAT IS BASED ON AND, AND HOW THAT DECISION IS MADE. THE INTERNATIONAL RESIDENTIAL CODE, WHICH GOVERNS ONE AND TWO STORY HOMES IN SECTION R 1 0 5 0.6, IT DISCUSSES SUSPENSION AND REVOCATION IS THE STANDARD WE USE WHEN WE REVOKE A PERMIT. IT READS THAT THE BUILDING OFFICIAL IS AUTHORIZED TO SUSPEND OR REVOKE A PERMIT ISSUED UNDER THE PROVISIONS OF THIS CODE WHEREVER THE PERMIT IS ISSUED IN ERROR OR ON THE BASIS OF INCORRECT, INACCURATE, OR INCOMPLETE INFORMATION OR IN VIOLATION OF ANY ORDINANCE OR REGULATION FOR ANY OF THE PROVISIONS OF THIS CODE. THE PERMIT WE'RE DISCUSSING IS S 25 DASH 3 31 FOR ADDITION OF ATTACHED GARAGE AND REMODEL TO INCLUDE GARAGE CONVERSION. IT WAS REVOKED DUE TO INCORRECT AND INACCURATE INFORMATION PROVIDED WITH THE APPLICATION AND THE AS-BUILT CONDITION DOES NOT MATCH THE PLANS THAT WERE PRESENTED WITH THAT APPLICATION. YOU'LL NOTICE THAT IT'S ONE PERMIT NUMBER, BUT THAT THERE ARE, UH, TWO CONSTRUCTION PROJECTS TIED TOGETHER. THERE'S GARAGE CONVERSION, WHICH WAS ORIGINALLY DONE WITHOUT A PERMIT. AND THE ATTACHED GARAGE, WHICH IS THE REMEDY IN THE, IN THE GARLAND DEVELOPMENT CODE, YOU MUST HAVE IN A PROPERTY THAT'S ZONED SF 10 AS THIS ONE, AS YOU MUST HAVE AN ENCLOSED TWO CAR PARKING. SO WHEN THE GARAGE WAS CONVERTED WITHOUT A PERMIT, THERE WAS NO ENCLOSED PARKING, THE REMEDY WOULD'VE BEEN TO ADD ANOTHER GARAGE OR TO RECONVERT THE PERMITTED CONSTRUCTION. THIS IS THE PLAN, THESE ARE THE PLANS, THE DRAWINGS THAT WERE PRESENTED WITH THE GARAGE EDITION PORTION OF THAT PERMIT. SO THEN THIS AGAIN IS THE REMEDY FOR THE UNPERMITTED CONVERSION WAS TO ADD THE ADDITIONAL GARAGE. THESE ARE THE, THE RED LETTERS AND EVERYTHING THAT'S CIRCLED TO THE DIMENSIONS THAT DON'T MATCH IN REALITY WHAT ARE WRITTEN ON THE PLAN. SO IN THIS, THIS TOP RIGHT HERE SAYS EIGHT FEET, IT WOULD BE EIGHT FEET FROM THE PROPERTY LINE. UH, SUBSEQUENTLY WE RECEIVED ANOTHER SURVEY. AS, AS MR. LEE MENTIONED, WE'VE HAD SEVERAL SURVEYS, THE MOST RECENT OF WHICH WAS FOR ANOTHER PERMIT. UH, BUT IT WAS A SURVEY THAT WAS, IT INCLUDED A SURVEY THAT WAS DONE AFTER THE GARAGE WAS, UH, AFTER THE SLAB WAS POURED. AND SO IT'S A GOOD WAY FOR US TO HAVE AN INDEPENDENT PROFESSIONAL SURVEY. LOOK AT THE LOCATION OF THE GARAGE. YOU'LL SEE THAT IT'S ACTUALLY SEVEN FEET, SIX INCHES WHEN MEASURED BY THE SURVEYOR, NOT EIGHT FEET. AND THEN THIS DIMENSION HERE, IT'S HARD TO READ, I KNOW, BUT THIS SAYS EIGHT. IT SAYS 40 FOOT BL, WHICH IS THE 40 FOOT BUILDING LINE, THE GARAGE, YOU'LL NOTICE THE GARAGE ADDITION IS FLUSH WITH THAT LINE AND SO SHOULD BE 40 FEET FROM THE PROPERTY LINE. THAT SUBSEQUENT SURVEY MEASURED IT AT 37.25 [00:15:01] FEET FROM THE PROPERTY LINE, MEANING THAT IT IS TOO CLOSE TO THE FRONT PROPERTY LINE. THE OTHER MEASUREMENT THERE SHOWS 9.25 FEET FROM THE PROPERTY LINE. WHILE STAFF WAS CONFIRMING THE MEASUREMENTS OF THE SURVEY, WE ALSO MEASURED THAT DIMENSION BECAUSE IT IS ON THIS PLAN AND WE MEASURED IT AT EIGHT FEET, SEVEN INCHES. THIS GARAGE IS TOO CLOSE TO THE SIDE PROPERTY LINE AND TOO CLOSE TO THE FRONT PROPERTY LINE IN THE DOOR AND WINDOW SCHEDULE, THE, THE TOP RIGHT OVER HERE, YOU'LL SEE THAT ORIGINALLY THE PLAN'S CALLED FOR A SIX 16 FOOT BY SEVEN FOOT GARAGE DOOR. AS MR. LEE MENTIONED, WE ACTUALLY MEASURED THAT TO BE 11 FEET. IT'S A ROUGH OPENING. AND SO ONCE A DOOR IS IN THERE, IT WOULD ACTUALLY BE LESS THAN 11 FEET. IT'S A ROUGH OPENING BETWEEN, UH, THE, THE FRAMING IS 11 FEET, SHOULD BE A 16 FOOT GARAGE DOOR BUILT. THE OTHER MEASUREMENT THERE AT THE BOTTOM IS THE, THE, UH, 18 FEET WIDE. AND THEN OVER HERE ON THE RIGHT SIDE CIRCLED, YOU'LL SEE THAT THERE IS NO DOOR INDICATED ON THE PLAN. HOWEVER, WHEN WE WERE MAKING THE MEASUREMENTS, WE DID NOTICE THAT THERE IS A FRAMED OPENING FOR A DOOR ON THAT SIDE OF THE ADDITION. THIS IS THE SURVEY THAT I'M TALKING ABOUT THAT WAS ISSUED OR THAT WAS PRESENTED WITH THE OTHER PERMIT, WHICH WE'RE NOT COVERING TONIGHT. BUT IT IS A GOOD INDICATION OF A PROFESSIONAL SURVEY AND THE MEASUREMENTS PROVIDED TO STAFF AFTER THE GARAGE SLAB WAS POURED. UM, YOU'LL SEE THAT IT'S 7.6 FEET BOTTOM HERE TO THE PROPERTY LINE AND THEN 37.25 FEET FROM THE FRONT. THOSE MEASUREMENTS I DISCUSSED. SO IN SUMMARY, THE GARAGE ADDITION IS CLOSER TO THE PROPERTY LINE ON THE FRONT AND ON THE SIDE OF THE PROPERTY THAN WHAT IS SHOWN ON THE PLAN. THE GARAGE ISN'T BIG ENOUGH IN ITS CURRENT AS-BUILT STATE TO ACCOMMODATE THE REQUIRED SPACING OR THE REQUIRED PARKING FOR TWO CARS. THE GARAGE CAN'T BE EN ENLARGED TO ACCOMMODATE TWO CARS BECAUSE IT'S ALREADY TOO CLOSE. UH, NOT BECAUSE OF OUR GDC STANDARDS, BUT BECAUSE OF WHAT WAS APPROVED ON THE PLAN. IF IT WERE TO BE ENLARGED TO ACCOMMODATE THE APPROPRIATE PARKING, IT WOULD BE WITHIN THE SETBACK AND, AND FAR TOO CLOSE TO THE PROPERTY. SO NOW I'LL BE TALKING ABOUT THE CONVERSION. UH, THIS AGAIN IS A CONVERSION THAT WAS DONE WITHOUT A PERMIT AND WAS IN PLACE WHEN THE GARAGE ADDITION WAS BUILT. SO THE TOP BOX THERE AT THE TOP OF THE PICTURE IS THE GARAGE WHERE IT SAYS 18 BY 18. THAT IS THE NEW GARAGE, UH, THAT, THAT MR. LEE WAS JUST TALKING ABOUT. EVERYTHING BELOW THAT IS THE CONVERTED GARAGE THAT WAS CONVERTED WITHOUT A PERMIT. AND ON THE PLAN HERE, IT HAS AN OFFICE, A BEDROOM, AND THREE BATHROOMS ALONG WITH A HALLWAY. AND AGAIN, THAT WAS THE LOCATION OF THE ORIGINAL GARAGE AS THE HOUSE. SO TO SUMMARIZE, THE GARAGE CONVERSION, THE GARLAND DEVELOPMENT CODE REQUIRES THAT THERE BE ENCLOSED PARKING FOR TWO VEHICLES AT THIS PROPERTY IN SF 10 ZONE, THE ORIGINAL GARAGE WAS CONVERTED INTO A LIVING SPACE WITHOUT A PERMIT. 'CAUSE THERE WAS NO PERMIT, THERE WERE NO INSPECTIONS DONE. AND SO THAT PRESENTS SIGNIFICANT CONCERNS FOR LIFE SAFETY, ESPECIALLY AS IT RELATES TO EGRESS STANDARDS, PLUMBING AND ELECTRICAL STANDARDS. WE HAVEN'T HAD AN OPPORTUNITY TO TO INSPECT ANY OF THAT. SO THE REMEDY IS THAT THE GARAGE ADDITION, INCLUDING THE FRAMING AND FOUNDATION MUST BE DEMOLISHED. AND THE GARAGE CONVERSION, WHICH WAS DONE WITHOUT A PERMIT, MUST BE DEMOLISHED AND RETURNED TO ITS ORIGINAL STATE AS A FUNCTIONAL GARAGE. THIS IS BECAUSE OF THE SAFETY CONCERN AND TO SATISFY THE GARLAND DEVELOPMENT CODE INCLUDES MY PRESENTATION. ALRIGHT, SIR, YOU'LL HAVE YES SIR. OKAY. I HAD A FEW QUESTIONS FOR MR. WEINSTEIN REGARDING PLEA, THE, UM, GARAGE CONVERSION COMPLETED. AND THERE'S A LITTLE VIDEO THAT I WANT TO, SO IT'S GONNA FIRST. SO, UH, MR. WEINSTEIN, UM, HAVE YOU BEEN INSIDE THE PROPERTY BEFORE? I HAVE, YES. UM, WOULD YOU BE ABLE, HAVE YOU SEEN THE CONVERTED GARAGE? YES. AND WOULD YOU BE ABLE TO RECOGNIZE IT IF YOU SAW IT TODAY? I, I BELIEVE SO, YES. OKAY. AND THEN THIS IS A CLIP FROM A DEPOSITION THAT I TOOK FROM A GENTLEMAN WHO STAYED AT THE PROPERTY THIS SUMMER. UM, MR. WHITE, UH, MR. [00:20:01] WHITE'S GONNA REFER TO THE ADDITIONS WHEN HE IS TALKING ABOUT THE ADDITIONS. WHAT HE'S TALKING ABOUT IS THAT CON ALREADY CONVERTED GARAGE. THE ONE THAT HAS THE BEDROOM IN THE BATHROOM NOW CURRENTLY. 'CAUSE HE HAD SOME ISSUES WHILE HE WAS STAYING AT THE HOUSE WITH THAT. I DON'T KNOW WHAT TO DO ABOUT THE VOLUME. YOU'RE GONNA HAVE TO CHANGE. UH, LEMME SEE HERE. RIGHT. TRY IT NOW. TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH. SO HELP YOU GOD. I DO. THANK YOU. UH, YOU MAY PROCEED. ALRIGHT. OKAY. UH, MR. WHITE, CAN YOU PLEASE STATE YOUR FULL LEGAL NAME FOR THE RECORD? UH, YEAH, SO, UH, ANTHONY DESHAUN WHITE IS MY FULL LEGAL NAME. AND WHERE DO YOU CURRENTLY LIVE? UH, CURRENTLY I AM IN BURTON, NEW YORK. UM, ARE YOU ORIGINALLY FROM TEXAS? FROM TEXAS? I AM. I'M ORIGINALLY FROM TEXAS. THAT'S WHERE MY FAMILY'S AT. AT WHAT PART? UH, THEY RESIDE KIND OF IN THE DFW AREA, KIND OF ALL OVER DFW. OKAY. AND WHAT DO YOU CURRENTLY DO FOR WORK? UH, I AM IN THE MILITARY. I'M IN THE AIR FORCE. OKAY. SO DID YOU RECENTLY COME HOME TO TEXAS FOR A FAMILY REUNION? UH, I DID. UH, THE REUNION WAS ABOUT THREE, THREE WEEKS AGO. AND WHERE DID YOU STAY? UM, WE STAYED AT THE THREE, UH, I BELIEVE IT WAS 3 4 0 1. UH, DALE DRIVE THAT PROPERTY. UM, DID YOU BOOK THE PROPERTY YOURSELF? I DID, YES. AND HOW DID YOU FIND THE PROPERTY? UH, I FOUND IT ON AIRBNB. AND SO WHAT SORT OF, UM, ISSUES, YOU MENTIONED THE SCENARIO AND MULTIPLE THINGS GOING ON. UH, WHAT WAS WRONG WITH THE HOUSE? UH, WHAT DO I START? SO THE, UM, FIRST NIGHT, SO IT WAS LIKE FRI FRIDAY EVENING, UM, STARTED OUT WITH A DISPOSAL NOT WORKING AND THE SINK STARTED, THE KITCHEN SINK STARTED RISING UP AND WE HAD TO GET, UH, TOLD HIM ABOUT IT, TOLD UH, MR. LEE ABOUT IT AND HE DIDN'T DO ANYTHING, DIDN'T TRY TO RESOLVE IT AT ALL. UM, HE JUST LIKE, OKAY, THANKS FOR TELLING ME IS A VERY SUMMARY OF WHAT HE SAID. UM, SO THAT WAS THE PROBLEM RIGHT AT THE GATE. AND SO, I'M SORRY. UM, SO THE FIRST NIGHT, FRIDAY NIGHT, YOU CONTACT MR. LEE AND YOU TOLD HIM THERE WAS AN ISSUE WITH THE DISPOSAL? YEP. AND HE DID NOT OFFER ANY SORT OF RESOLUTION? NOT AT ALL. OKAY. I'M SORRY, WHAT ELSE? OKAY. AND THEN GOING THROUGH, I BELIEVE IT WAS, UH, I BELIEVE THIS WAS GOING THROUGH FRIDAY NIGHT. THE, THE PLUMBING, UM, AND THE, I GUESS THE TOILETS AND THE ADDITION, HE HAD THERE TWO TOILETS IN ADDITION AND TWO SHOWERS, UM, AS WELL AS, UM, THE SAME, THAT SAME SIDE OF THE HOUSE, ANOTHER TOILET HE HAD. UM, THEY ALL STARTED LEAKING AT ONCE. WE FLUSHED, UM, THIS LEAKING FROM THE BOTTOM OF THE TOILET, UH, OF ALL THREE TOILETS AND CONTACTED JACKSON LEE ABOUT IT AND DIDN'T DO ANYTHING ABOUT IT. UH, WERE YOU CONCERNED THAT MR. LEE WASN'T ADEQUATELY MAINTAINING THE HOUSE? I WAS, UM, BECAUSE OF THE, THE PLUMBING ISSUES. I MEAN THAT, UH, THAT'S A EASY PROBLEM TO NOT HAVE. BUT HE HAD IT IN, HE HAD THESE ISSUES IN ALL OF THE DOWNSTAIRS, UH, DOWNSTAIRS PROBLEM. LIKE HOW MANY OTHER GUESTS HAVE EXPERIENCED THESE ISSUES? I CAN'T BE THE FIRST ONE. UM, YOU MENTIONED, SO THERE WAS SEWAGE LITERALLY BACKING UP FROM THE DRAINS AND THE TOILETS INTO THE HOUSE. IS THAT CORRECT? YES. SO, UM, THE, ON FRIDAY NIGHT IN THE, IN THE ADDITIONS, THE, THE ADDITION HE HAD AND THOSE TWO SHOWERS, UM, IT WAS JUST WATER BACK FLOWING, UH, IN THE SHOWERS IN WHICH I WAS, THAT WAS FINE. I WAS OKAY. I MEAN, YOU JUST, YOU JUST DON'T SHOWER IN THERE, IT'S FINE. UM, AND AS THE WATER WAS COMING OFF THE TOILET OR UNDER [00:25:01] LIKE WHERE THE WAX SEAL IS, UM, THE BOTTOM OF THE TOILET, WE WERE JUST MOPPING THE FLOORS, UM, AND CLEAN IT UP AS WE CAN. AND THEN THIS IS, AND THEN WHAT YOU'RE REFERENCING TO WAS ON SATURDAY NIGHT AND WE'RE STILL HAVING THOSE ISSUES. UM, BUT IT GOT WORSE AS PEOPLE WERE STILL USING THE ADDITION LIKE TOILETS 'CAUSE THEY WEREN'T LEAKING AS BAD. UH, BUT I GUESS BEING USED EVERY, EVERY ONCE IN SO OFTEN. UM, YES, SEWAGE JUST STARTED COMING OUT THROUGH THE SHOWERS. AND IT LOOKS LIKE THIS WAS YOU INFORMING HIM THE ADDITION WITH THE BATHROOM NEXT TO THE KITCHEN STARTED LEAKING THROUGH THE BOTTOM OF THE TOILET, NEARLY CAUSING A FLOOD INTO THE ROOMS. AND HE RESPONDED, CAN YOU SEND SOME PHOTOS SO I CAN SEND IT TO MY PLUMBER? WHICH YOU DID. YEP. AND HE RESPONDED, WOW, THAT SEEMS PRETTY BAD, BOTH TOILET AND SNOW, WHICH I THINK HE MEANT SHOWER IS CLOGGED AND THEN YOU YEP. YOU EXPLAINING THE SITUATION TO HIM. EXACTLY. AND DID ANYBODY FROM YOUR FAMILY GET SICK AT ALL FROM THE FECES IN THE SHOWER OR THE PLUMBING ISSUES? NOT THAT I KNOW OF. UM, WE, ONCE THE, UM, SEWAGE ISSUES ERUPTED, UH, FROM THE ADDITIONAL BATHROOMS, WE JUST CALLED THAT OFF, LIKE OFF LIMITS AND THEN SHUT THE DOORS. AND THIS IS THE HOUSE, THIS IS THE BATHROOM THAT FLOODED? YES, THIS IS, YEAH, THESE ARE THE ADDITION BATHROOMS. OKAY. MR. W UM, I DON'T HAVE ANY MORE QUESTIONS FOR YOU RIGHT NOW. UM, BUT WHILE WE'RE HERE ON THE RECORD, IS THERE ANYTHING THAT YOU WOULD LIKE TO ADD? UM, I, I FEEL LIKE EVERYTHING HAS BEEN, HAS BEEN PUT OUT THERE. UM, FOR, FOR THE CASE AT LEAST. I MEAN, IF ANYTHING I JUST, I JUST DON'T WANT, IF I GET MY MONEY BACK, STILL BE, IT IS WHAT IT IS. UM, I JUST DON'T WANT THIS TO HAPPEN TO ANYBODY ELSE. THAT'S THE MAIN CONCERN BECAUSE NO ONE DESERVED TO GO THERE. THIS, UH, THIS WHOLE PROCESS, I'M GONNA SIMPLY GET TOGETHER, I GUESS. SIMPLE GET TOGETHER. OKAY. SO, UM, THESE ARE TWO OF THE PHOTOS THAT I RECEIVED FROM MR. WHITE THAT HE HAD PROVIDED TO ME BEFORE THE DEPOSITION. UM, THEY WERE IN THE DEPOSITION VIDEO, BUT THEY WERE KIND OF HARD TO SEE. DO YOU RECOGNIZE THOSE BATHROOMS OF THE BATHROOMS THAT ARE IN THAT CONVERSION? I THINK THIS IS ONE BATHROOM. I RECOGNIZE THE, IT'S THE SECOND BATHROOM. IT'S THE SECOND ONE. AND THEN WERE YOU, UM, DID YOU EVER INSPECT THE GARAGE OF CONVERSION? NO. WELL, WE WALKED THROUGH THE GARAGE TO CONVERSION, BUT WE WEREN'T AFFECT ANY OF THE PLUMBING. AND THEN AFTER HEARING ABOUT MR. WHITE'S EXPERIENCE, DOES THIS GIVE YOU CONCERNS ABOUT THE HABITABILITY OF THAT ADDITION? THESE ARE EXACTLY THE CONCERNS WE HAVE WITH THE PLUMBING. DO YOU KNOW HOW THOSE SORTS OF PLUMBING ISSUES HAPPEN? IT'S HARD TO SAY WITHOUT INSPECTING. IT COULD BE SEVERAL THINGS. IT COULD BE THAT THE SLOPE IS INCORRECT, IT COULD CLOSES BACK TOWARD THE HOUSE. IT COULD BE THE WRONG SIZE PIPES, IT COULD BE THE WRONG SIZE OR RIGHT FITTINGS. AND HOW DO YOU FIX THOSE KINDS? IT WOULD ALL HAVE TO BE REPLACED. UM, IF THIS WAS INSPECTED AS IT WAS BEING BUILT, DO YOU THINK YOU WOULD COULD'VE CAUGHT THESE ISSUES? YES. UM, ARE THERE ANY OTHER CONCERNS BEYOND THE PLUMBING AND THE ISSUES THAT, UH, THAT WE JUST DISCUSSED WITH THE ADDITION THAT YOU HAVE? YES. I MEAN, THERE, THERE'S ALSO CLEARLY ELECTRICAL FIRE OR ELECTRIC THAT COULD BE, I BELIEVE THAT THE GARAGE, NORMALLY WHEN A GARAGE IS BUILT, IT'S BUILT ON A SLOPE, A GENTLE SLOPE. AND SO SOMETHING'S BEEN DONE TO LEVEL THE FLOORS COULD HAVE BEEN SOME WAY. WOULD YOU SAY, IS THAT PART OF THE REASON WHY THIS STRUCTURE SHOULD BE DEMOLISHED? YEAH. ANY FURTHER QUESTION? ALL RIGHT, SECRETARY, IF YOU PUT FIVE MINUTES ON THE CLOCK, PLEASE. YES SIR. SIR, YOU'LL HAVE FIVE MINUTES FOR REBUTTAL. THANK YOU, YOUR HONOR. AGAIN, UM, THIS IS ACTUALLY THE FIRST TIME SEEING THAT VIDEO, [00:30:01] UH, MR. WHITE, SO THIS IS ACTUALLY THE BOOKING FOR MR. WHITE. UM, OBVIOUSLY SHOWS RIGHT HERE, THE DATES THAT YOU BOOKED JULY 17TH TO THE 19TH. UM, THEY CAME IN, YOU KNOW, EARLIER THAN FRIDAY. AND RIGHT HERE IT SHOWS THE BOOKING HAS BEEN CANCELED. UM, THE MONEY HAS BEEN REFUNDED. SO THAT'S WHY IT SHOWS ZERO AND AMOUNT WILL SHOW AMOUNT OF IT. UM, MR. WHITE, WHEN HE CAME IN, YOU KNOW, HE SAID IT SITTING FRIDAY NIGHT, UH, THE PLUMBING ISSUE, THIS AND THAT. WE HAD CLEANER COME IN THAT SAME DAY. THEY HAD TO FULLY WASH THE SHOWER, FULLY, UH, CLEAN THE TOILET. IF THERE WAS A PLUMBING ISSUE RIGHT OUT THE BACK, IT WOULD'VE BEEN NOTICED. IT WOULD'VE BEEN CLOCKED UP WHILE THE CLEANER IS, YOU KNOW, CLEANING. UM, AND I DON'T HAVE THE MESSAGE PREPARED 'CAUSE I, LIKE I SAID, I WASN'T EXPECTING THIS. UM, CLEARLY IN PART HE ACTUALLY WENT AGAINST IT, SAID I DIDN'T DO ANYTHING ABOUT IT OR I DIDN'T, I DIDN'T, I TRY TO ADDRESS IT IN HIS OWN TEXT MESSAGE, STATED THAT WE TRIED TO CALL PLUMBER PHONE AND EVEN LAST MINUTE, YOU KNOW, IT'S A LAST MINUTE, IT'S HARD TO GET PLUMBER OUT THERE RIGHT AWAY. AND IT WAS LIKE A, I THINK IT WAS A HOLIDAY OR I CAN'T REMEMBER WHAT IT WAS AND I COULDN'T, COULDN'T GET ANYBODY OUT THERE AND, AND LAST MINUTE TO, TO ADDRESS THE ISSUE. BUT IF WE, EVERYONE SIT THERE AND SAY THAT, UH, THE PLUMBING'S DONE BAD, UH, THERE'S SAFETY ISSUES, THIS AND THAT. HAVE TO UNDERSTAND WE HAVE BEEN SHORT TERM RENTALS WITH THE CITY OF GARDEN WITH TWO YEARS PERMIT. WHAT DO, UH, CITY OF GARDEN, UM, APPROVED, INSPECTED THROUGHOUT THE WHOLE HOUSE. AND HE STATED THAT, YOU KNOW, ALL DOWNSTAIRS RESTROOMS BEEN, YOU KNOW, CLOCKED UP AND THEY HAD A BUNCH OF KIDS, YOU KNOW, AND, AND DURING THAT BOOKING ON TOP OF THAT, WE DIDN'T EVEN GET ANY MONEY. WE ACTUALLY GIVE 'EM FULL REFUND, WHICH SHOWED ON THE OTHER ONE, THEY JUST SHOWED THE PERMIT THAT WE HAD BEEN APPROVED FROM THE CITY. THEY HAVE GONE THROUGH THE GARAGE SIDE, THEY HAVE CHECKED EVERYTHING. THEY HAVE, YOU KNOW, YOU KNOW, CHECKED THE PLUGS AND CHECK THE PLUMBING. I MEAN, I, I DON'T WANNA SAY THEY CHECK INSIDE OF IT BECAUSE THAT'S, YOU KNOW, SOMETHING THEY CAN'T REALLY GO INTO. BUT UNDERSTAND THIS IS TWO YEARS WORTH OF RENTALS WHERE WE HAVE PEOPLE COME IN EVERY SINGLE WEEK AND IT'S VERY CLEARLY THAT, YOU KNOW, MR. WHITE IS TRYING TO DO WHATEVER HE CAN TO GET HIS MONEY BACK TO GET A FREE STAY OUT OF IT. AS IF THERE'S, IF THERE IS A PLUMBING ISSUE, Y'ALL CAN GO INTO THE REVIEWS OF TWO YEARS RENTAL PEOPLE WOULD'VE SAID SOMETHING ABOUT IT. ACTUALLY, WE HAVE NO ISSUE WITH THAT OR WHAT PEOPLE COMPLAIN ABOUT UPON ME. THIS IS ACTUALLY THE FIRST PERSON. I MEAN, A SIMPLE CLOCKING YES. UH, BUT NOT THE WHOLE FLOODING OR WHATNOT. EVEN, EVEN HE'S TRIED TO SAY IT THAT IT FLOODED THROUGH THE HOUSE. HIS OWN PHOTOS SHOWS THAT IT WAS ONLY WITHIN THE SHOWER. 'CAUSE THAT'S A INCREASED GAP OF IT. UM, THE PLUMBER CAME, I THINK, YOU KNOW, FEW DAYS AFTER, MAYBE A WEEK AFTERWARDS. AND WHEN HE SNAKED THROUGH OUT THE TOILET, THAT'S THE PHOTOS WHEN HE, YOU KNOW, PULLED THE TOILET OFF AND I SHOWED IT TO HIM. SO HE ONLY SHOWED PART OF THE MESSAGE, ONLY SHOWED PART OF THE VIDEO, PART OF THE SCREENSHOT, BUT HE DIDN'T SHOW THE ONE THAT WHEN THE PLUMBER PULLED OUT FROM THE DRINK PIPE, IT WAS A BUNCH OF BABY WIPES. THAT'S NOT FLUSHABLE. I, I ASSUME IT'S NOT BECAUSE I'M NOT A BABY WIPE SPECIALIST THAT IT WAS A BALL OF BABY WIPE. SO SOMEBODY FLUSHED DOWN A WHOLE BUNCH OF BABY WIPE CONSTANTLY OVER AND OVER. AND EVEN HIS MESSAGE, THEY WERE THERE SINCE, YOU KNOW, AT LEAST FOUR O'CLOCK AND, YOU KNOW, GOING IN AND OUT USING THE RESTROOM. YOU'RE TELLING ME THEY DIDN'T USE THE RESTROOM THROUGHOUT THE WHOLE DAY UNTIL NIGHTTIME UNTIL REALIZE IT IS KIND OF, I MEAN WE LOOKING AT FACTS AND NOT WHAT HE'S TRYING TO SAY. I MEAN, FACTS, I'M SHOWING FACTS, I'M SHOWING, I'M TELLING YOU GUYS SHOWING THAT HIS OWN STATEMENT OF FACTS THAT THERE WAS UNEMPLOYMENT ISSUE UNTIL FRIDAY NIGHT WHERE THEY'VE BEEN THERE THE WHOLE DAY AND THERE WAS NEVER ISSUE. AND CLEARLY, I MEAN, I'M NOT SURE ANYBODY OWN, YOU KNOW, HAD CLEANING SERVICE BEFORE. WHEN YOU CLEAN THE SHOWER, YOU HAVE TO HAVE THE SHOWER ON TO BE RUNNING AND RUNNING TO, TO CLEAR IT. SO YOU KNOW, THEY WANNA SAY IT WAS A HAZARD. AND YOU'RE TALKING ABOUT THE NOT HAVING A PERMIT, UH, FOR THE GARAGE. IT SHOWS THAT IF YOU WANNA LOOK AT THAT DATE, YOU HAVE 30 SECONDS. SORRY, YOU WANNA LOOK AT THE DATES. THIS IS OCTOBER 20, 20, 24. WE DIDN'T PURCHASE HOUSE UNTIL 2029. A LOT OF IT WAS PRIOR TO THE SITUATION BEFORE WE PURCHASED THE HOUSE. AND THAT'S WHY WE HAVE WORKED WITH THE CITY, UH, OF GARLAND TO APPROVE THIS FIRST PERMIT TO COME. YOU KNOW, WE ARE WILLING TO OPEN EVERYTHING UP TO LET 'EM EXPECT IT AND THEY APPROVE IT AND THEY WERE OKAY WITH IT, BUT YOU KNOW, NOW OUTTA NOWHERE, THEY'RE NOT OKAY WITH IT. THEY'RE SAYING IT WON'T FIT TO CAR GARAGE. IT CLEARLY SHOWS FIT TO CAR GARAGE. THANK YOU, SIR. YOU'RE WELCOME. ALRIGHT COUNSEL, IT'S TIME FOR COUNCIL DISCUSSION. [00:35:02] WE HAVE THREE DECISIONS IN FRONT OF US. ONE IS THE PERMIT REV VOCATION, REMOVAL OF THE NEW GARAGE CONSTRUCTION AND REMOVAL OF THE ATTACHED GARAGE CONVERSION IMPROVEMENTS TO STORE A TWO CAR GARAGE. DEPUTY MEMBER PRO TIM DUTTON. UM, LOOKING THROUGH WHAT HAS BEEN PRESENTED TO US IN ONE OF THE TEXT MESSAGES, UM, THE OWNER SAYS PERHAPS THE HVAC TECHNICIAN, THE HVAC GUY CAN COME AND HELP WITH THE PLUMBING PROBLEM. UM, HVAC IS AC NOT PLUMBING. THEY'RE TWO SEPARATE THINGS. SO WHEN WE'RE LOOKING AT SOMETHING THAT'S NOT PERMITTED, UM, IT MAKES YOU QUESTION, DID YOUR HVAC GUY INSTALL PLUMBING LINES? WELL, WE DON'T KNOW BECAUSE IT DIDN'T GET PERMITTED. UM, BABY WIPES ARE A VERY COMMON ISSUE IN, UH, SEWER LINES. IT'S NOT SOMETHING THAT HAPPENS ALL OF A SUDDEN. THEY COLLECT, COLLECT, COLLECT. SO WHEN YOUR HOUSEKEEPERS, THEY'RE CLEANING, THEY'RE USING JUST WATER. SO WATER FLOWS RIGHT ON THROUGH THEM. UM, I I DON'T KNOW HOW MANY BATHROOMS THE HOUSE HAS, UM, BUT WHEN YOU'VE GOT TWO IN AN 18 BY 18 SPACE, UM, IT'S PRETTY, PRETTY EXCESSIVE. I CAN ONLY IMAGINE HOW MANY PEOPLE ARE FLUSHING, UM, AND WHAT THEY'RE FLUSHING WITH SUCH A LARGE NUMBER OF RESTROOMS. UM, BUT MY MAIN CONCERN IS THAT WE SUGGESTED AN HVAC GUY COME HELP WITH THE PLUMBING SITUATION AND THEN THE PLUMBER DIDN'T COME FOR A WEEK AFTER YOU HAD THIS ISSUE. SO HOPEFULLY THERE WERE NOT, UM, OTHER RENTERS, UH, IN THE HOUSE FOR A WEEK WITHOUT WORKING PLUMBING. THAT'D BE A LITTLE ALARMING. SO I WOULD, I WOULD DEFINITELY NOT BE IN FAVOR OF APPROVING THIS. UM, I IT'S ALSO STRANGE TO ME THAT YOU HAVE ONE PICTURE OF THE RED CAR IN THE GARAGE WITH THE BLACK CAR IN THE DRIVEWAY. CAN YOU NOT FIT THE BLACK CAR INTO THE GARAGE OR THE BLACK CAR IS NOT GONNA FIT NEXT TO THE RED CAR, OTHERWISE YOU WOULD'VE SHOWED US THAT. SO, UM, I, AGAIN, I I WOULD NOT BE IN FAVOR OF THANK COUNCIL MEMBER MOORE. I MAY GET TO SIT HERE WHILE WE TALK ABOUT IT, RIGHT? MM-HMM . YES SIR. I HAVE SOME, SOME, SOME REAL CONCERNS ABOUT THIS ENTIRE PROCESS. I'VE NEVER GONE THROUGH ONE OF THESE BEFORE. NEW FOR ME. I'D LIKE FOR OUR LEGAL TO COME TO, DOES MR. LEE HAVE A RIGHT TO COUNSEL? DOES MR. LEE, IF HE DOES, WAS HE ADVISED OF THAT? IT, SO, SO FAR IT APPEARS THAT WHAT HAS HAPPENED HERE, WE HAVE SOME ALLEGATIONS THAT HAVE COME AGAINST HIM. CONCERN, FIRST OF ALL IS, YOU KNOW, THE ALLEGATIONS AS IT RELATES TO THE GARAGE, THE ALLEGATIONS AS IT RELATES TO THE AIRBNB ASPECT OF THE BATHROOM OVER FLOODING AND SO, AND SO OTHER WORDS, WHAT ARE WE TRULY BEING ASKED? I HEAR YOU SAYING WE ARE GONNA REVOCATION, DEMOLITION AND REMOVAL. IS THAT OF THE GARAGE? THAT WAS INAPPROPRIATE BECAUSE I, I SEE IMMEDIATELY THE, THE LAW, THE LEGAL ASPECT OF IT, THE GARAGE HAS NOT BEEN DONE PROPERLY. BUT MY CONCERNS ARE WHAT ARE WE TRULY BEING ASKED TO RE ATE HERE, DEMOLISH AND REMOVE? THAT'S AND DOES IS IS THE PROCESS, IS THE PROCESS PROPER THAT WE'RE DEALING WITH PRESIDENT? YES. THE PROCESS IS OUTLINED IN THE GDC CHAPTER 5.25, SECTION 5.25 AND THIS IS THE PROCESS THAT THE APPELLANT REQUESTED. SO THIS IS ACTUALLY HIS HEARING. THIS IS HIS OP? YES, THAT'S CORRECT. IT'S HIS HEARING, HIS OPPORTUNITY TO BE HEARD. UM, UM, IN TERMS OF DOES HE NEED LEGAL ADVICE? HE COULD CERTAINLY HAVE HAD THE OP, HE CERTAINLY HAD THE OPPORTUNITY TO GET A LAWYER. HE'S [00:40:01] HAD AN OPPORTUNITY TO GET THE LAWYER THROUGHOUT HIS DEALINGS WITH THE CITY CONCERNING THIS PROPERTY. UM, UM, UP TO THIS POINT, HE HAS CHOSEN AT LEAST NOT TO HAVE A LAWYER IN OFFICIAL, UM, HEARINGS. UM, AS IT RELATES TO THE PROPERTY, IN TERMS OF WHAT Y'ALL ARE DECIDING TONIGHT, THERE'S REALLY THREE ISSUES. UM, YOU'RE DECIDING WHETHER OR NOT THE GARAGE THAT HAS BEEN PARTIALLY BUILT NEEDS TO BE REMOVED. YES. UM, AND UH, THE CITY'S ARGUMENT, OF COURSE YOU HEARD THE ARGUMENT FROM THE CITY ON WHY IT SHOULD BE REMOVED BECAUSE IT'S NOT BEEN AS BUILT, DOES NOT MATCH THE PLANS. AGREED. UM, THE SECOND PART, SECOND PART YOU'RE DECIDING NOT IS DOES THE GARAGE THAT HE BUILT WITHOUT A PERMIT NEED TO BE, UM, REMOVED ? YES. RIGHT. UM, AND THEN THE THIRD ITEM YOU'RE DECIDING IS, UM, WELL IT WAS THE STOP WORK ORDER ON THE GARAGE. SO IT'S THE STOP WORK ORDER ON THE NEW GARAGE, A TEAR DOWN OF THE NEW GARAGE AND THEN A RE A RECONVERSION BACK TO THE ORIGINAL STANDARD FOR A DOUBLE GARAGE IN THE HOUSE. SO WHY ARE WE LOOKING AT A VIDEO, THE VI WHY ARE WE DEALING WITH AN AIRBNB FIVE? WE'RE NOT DEALING WITH AIRBNB. THE VI THE VIDEO WAS INTENDED TO ESTABLISH THAT THERE WAS A HEALTH AND SAFETY ASPECT. SO ONE OF THE THINGS THAT Y'ALL CAN DECIDE IS YOU CAN DECIDE TO UPHOLD THE BUILDING OFFICIAL'S DECISION OR YOU CAN DECIDE TO AMEND HIS DECISION OR OVERTURN IT BUT AMEND IT WITH CONDITIONS SAYING THAT OKAY, WE MAY NOT REQUIRE YOU TO TEAR IT OUT. UM, UM, IF THERE IS A REMEDY OTHER THAN THAT, THAT VIDEO VIDEO WAS SHOWING THAT THEY HAVE EVIDENCE THAT IT WAS NOT ONLY DOES THE BUILDING OFFICIAL SUSPECT THAT IT COULD POSSIBLY BE BUILT TO AN UNSAFE STANDARD, WE ACTUALLY HAVE EVIDENCE THAT IT COULD HAVE BEEN BUILT TO AN UNSAFE STANDARD BECAUSE OF THE PLUMBING ISSUES. AND THAT'S, THAT WAS THE PURPOSE OF THE VIDEO. OKAY. WELL I CAN CERTAINLY GO WITH THE IDEA OF THE GRUB. I JUST DON'T SEE HOW YOU'RE GOING TO GET PAST THAT PERIOD. I MEAN THE, ALL OF THE LANGUAGE WOULD SUGGEST THAT YOU HAVE BEEN TRYING TO BUILD SOMETHING ON YOUR OWN THAT YOU DIDN'T NEED THE CERTIFICATIONS. MATTER OF FACT, THE ENTIRE HOUSE SEEMS LIKE YOU'RE DOING SOME THINGS ON YOUR OWN WHERE YOU HAVE NOT MET SPECIFICATIONS. OH, I DON'T SEE HOW YOU'RE GONNA GET PAST THE GARAGE SITUATION. THE OTHER STUFF THOUGH, I JUST DON'T EVEN THINK THAT SHOULD HAVE EVEN BEEN ADMITTED, PERIOD. BECAUSE AGAIN, WE ARE NOT TALKING ABOUT DOING ANYTHING WITH IT SINCE YOU SAID THOUGH, THAT IT MAY SHOULD HAVE BEEN BECAUSE IT DOES IT LEND ITSELF TO THE PROBLEMS THAT WE'RE HAVING. OKAY. I'LL SEE A LITTLE BIT OF THAT. UH, BUT OKAY, MY CONCERNS NOW, THE ONLY CONCERN I WOULD HAVE IS YOU HEARD THE ATTORNEY SAY THAT YOU WERE GIVEN THE RIGHT HAD, DID YOU KNOW YOU COULD HAVE LEGAL OF REPRESENTATION? NO, I DID NOT. OKAY. NOW YOU'VE BEEN THROUGH THIS PROCESS ALL THIS TIME? YES. OKAY. HAD OPPORTUNITY, YOU HAVE NOT BEEN TOLD THAT YOU HAD THE RIGHT NOT FOR THIS? NO, I, I DID NOT. THANK YOU MR. MAYOR. THANK YOU SIR. COUNCIL MEMBER SNO. GOD, I DON'T KNOW WHY TO ASK QUESTION. UM, WHEN YOU BOUGHT THE HOUSE, DID IT HAVE THE GARAGE, THE CONVERTED GARAGE ALREADY ON THERE? OR IS THAT SOMETHING THAT YOU DID? IT IS PART OF IT THAT WAS ALREADY ON IT. SO WE, WE RE WE REMODELED THE FLOORS, WE REMODELED A LOT OF PART OF IT. UH, WE REDID THE, YOU KNOW, THE TILES AND ALL THAT, BUT PART OF IT ALREADY WAS ALREADY THERE. THAT'S WHY WE HAD TO FINISH IT. THE GARAGE? CORRECT. AND BUILDING PERSON, I'M SORRY, . UM, THIS GARAGE, IT WAS NOT PERMANENT, IT SHOULD NOT BE THERE, IS THAT CORRECT? THAT'S CORRECT. BOTH. WELL, THE CONVERSION SHOULD NOT BE THERE, CORRECT? THE CONVERSION SHOULD NOT BE THERE. THAT'S CORRECT. OKAY, THANK YOU. ALRIGHT COUNSEL, ANY OTHER QUESTIONS? ANY DELIBERATION? ALRIGHT THEN THE FIRST ITEM WE'RE GONNA PICK UP IS SHOULD THE NEW GARAGE PERMIT REMAIN INVOKED BE REINSTATED, WE'RE BEING REINSTATED WITH LAWFUL CONDITIONS TO ENSURE COMPLIANCE. DEPUTY MAYOR PRO TIMM DUTTON, YOU HAVE SAYS YOU MADE A MOTION HERE MA'AM. UM, I'D LIKE TO MOVE THAT TO DENY THE PERMIT APPEAL AND FIRM RE REVOCATION DUE TO THE APPLICATION CONTAINING MATERIALLY INACCURATE INFORMATION CONSIDERING THE PROPOSED GARAGE AND ITS SITE CONFIGURATION TO THE CONSTRUCTION IS BUILT, DOES NOT CONFORM TO THE APPROVED SITE PLAN. ALL RIGHT, I HAVE A MOTION BY DEPUTY MAYOR PER TIM DUTTON IN A SECOND BY COUNCIL MEMBER CARAWAY. ANY DISCUSSION ON THAT MOTION? COUNSEL? ALRIGHT, IF YOU WOULD VOTE BY UH, UM, RAISING YOUR RIGHT HAND PLEASE VOTE NOW. THAT IS UNANIMOUS. OKAY, COUNSEL WILL MOVE ON. THE NEXT ITEM FOR [00:45:01] DECISION IS SEPARATELY DECIDING ON THE APPEAL OF THE ORDER REQUIRING REMOVAL OF THE PORTIONS OF THE NEW GARAGE ALREADY CONSTRUCTED. IT'S THAT PORTION OF THE FOUNDATION AND THE FRAMING THAT YOU SAW CLEAR THE MOTIONS COUNSEL DEPUTY MAYOR PROM DUTTON MOVE THAT WE DENIED THIS PORTION OF THE APPEAL AND AFFIRM THE REMOVAL OF THE NEWLY CONSTRUCTED GARAGE IN ITS ENTIRETY AND TO BE COMPLETED WITHIN 60 DAYS OF THIS DATE OF THE HEARING DUE TO VIOLATIONS ESTABLISHED BY THE BUILDING OFFICIAL AND THE LACK OF VIABLE ALTERNATIVES PRESENTED. REMOVAL OF THOSE PORTIONS IS NECESSARY TO ABATE THE VIOLATIONS AND BY DEPUTY MAYOR PRO TIM DUTTON AND A SECOND BY COUNCIL MEMBER THOMAS. DISCUSSION ON THAT MOTION. SEE NONE. COUNCIL, IF YOU VOTE IN THE AFFIRMATIVE, PLEASE RAISE YOUR RIGHT HAND NOW AND THAT IS UNANIMOUS. OKAY. COUNCIL FINAL UH, ISSUE WHERE DECIDING ON IS THE APPEAL OF THE ORDER REQUIRING REMOVAL OF THE GARAGE CONVERSION IMPROVEMENTS AND RESTORATION OF THE ATTACHED TWO CAR GARAGE. IT'S MOTION ON THE RESTORATION OF THE ATTACHED GARAGE. COUNCIL MEMBER DUTTON MOVE THAT WE DENY THIS PORTION OF THE APPEAL AND FIRM REMOVAL OF THE CONVERSION IMPROVEMENTS AND RESTORATION OF REQUIRED GARAGE FEATURES AND IMPROVEMENTS WITHIN 60 DAYS OF THIS HEARING DUE TO THE CONVERSION DEPENDENT ON PROVISION OF A LAWFUL REPLACEMENT TO CAR GARAGE AND THAT THE CONDITION NOT BEING SATISFIED DUE TO HEALTH AND SAFETY CONCERNS WITH THE NON PERMITTED EDITION. I HAVE A MOTION BY DEPUTY MAYOR PER TIM DUTTON AND SECOND BY COUNCIL MEMBER THOMAS. ANY DISCUSSION ON THAT MOTION COUNCIL VOTE IN AFFIRMATIVE PLEASE RAISE YOUR RIGHT HAND. THAT IS UNANIMOUS. ALRIGHT COUNSEL. THAT WAS THE ONLY ITEM ON OUR AGENDA THEN AT 9 37 WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.