[00:00:28] I TOLD HIM SINCE. IT'S LIKE RIGHT AFTER THIS. ALL RIGHT, LET'S GO AHEAD AND LET'S GET GOING. I'D LIKE TO GO AHEAD AND CALL THE MEETING TO ORDER. WELCOME TO OUR ZONING BOARD OF ADJUSTMENT MEETING. TODAY IS MAY 30TH, 2024. [1. CALL MEETING TO ORDER, ESTABLISH QUORUM] THE TIME IS 532. CAN I GET THE STAFF TO CONFIRM THAT WE HAVE QUORUM, PLEASE? YES, COMMISSIONER. WE DO HAVE A QUORUM. THANK YOU. [A. Prayer] WILL EVERYONE PLEASE RISE AND JOIN ME IN PRAYER? LET US PRAY. HEAVENLY FATHER, WE COME TO YOU TODAY ASKING FOR YOUR GUIDANCE, WISDOM, AND SUPPORT AS WE BEGIN TODAY'S MEETING. HELP US TO ENGAGE IN MEANINGFUL DISCUSSION. ALLOW US TO GROW CLOSER AS A GROUP AND NURTURE THE BONDS OF COMMUNITY. FILL US WITH YOUR GRACE, LORD GOD, AS WE MAKE DECISIONS THAT MAY AFFECT OUR CITY AND CONTINUE TO REMIND US THAT ALL THAT WE DO HERE TODAY, ALL THAT WE ACCOMPLISH, IS FOR THE BETTERMENT OF OUR CITY. WE ASK THESE THINGS IN YOUR NAME. AMEN. MR., COULD YOU PLEASE LEAD US IN THE PLEDGE OF ALLEGIANCE? [B. Pledge of Allegiance] I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. YOU MAY BE SEATED. MOVING ON TO CERTIFICATION OF PUBLIC NOTICE STAFF, [2. CERTIFICATION OF PUBLIC NOTICE] CAN WE VERIFY THAT WE HAVE THE PROPER CERTIFICATION? YES, COMMISSIONER. WITH REGARDS TO THE NOTICE, IT WAS POSTED FRIDAY, MAY 24TH AT 5 P.M. SO IT COMPLIES WITH THE STATE REQUIREMENTS. OKAY. THANK YOU. MISTER CHARLIE, DO YOU MIND ELABORATING ON DISCLOSURE OF [3. OF CONFLICT OF INTEREST] CONFLICT OF INTEREST, PLEASE. YES, SIR. UNDER STATE LAW, A CONFLICT OF INTEREST EXISTS IF A MEMBER OR CERTAIN MEMBERS OF THAT PERSON'S FAMILY HAS A QUALIFYING FINANCIAL INTEREST IN AN AGENDA ITEM, IF THERE IS A CONFLICT OF INTEREST, THE MEMBER CAN'T PARTICIPATE OR VOTE ON THE ITEM. ARE THERE ANY CONFLICTS TO DISCLOSE? THANK YOU. THANK YOU. MOVING ON TO OUR NEXT ITEM PUBLIC COMMENTS. [4. PUBLIC COMMENTS] PUBLIC COMMENTS ARE LIMITED TO THREE MINUTES. IF A RESIDENT DESIRES TO MAKE A PUBLIC COMMENT, PLEASE NOTIFY THE CHAIRPERSON PRIOR TO THE START OF THE MEETING. A SPOKESPERSON FOR LARGE GROUPS IS REQUIRED. WE ASK FOR EVERYONE'S COOPERATION AND FOLLOWING THESE PROCEDURES. NEXT ITEM. THE FOLLOWING ARE THE MEETING PROCEDURES USED BY THE ZONING BOARD OF [5. THE FOLLOWING ARE THE MEETING PROCEDURES USED BY THE ZONING] ADJUSTMENT. ALL ITEMS ARE GENERALLY CONSIDERED AS THEY APPEAR ON THE AGENDA AS EACH ITEM IS INTRODUCED. STAFF WILL PRESENT ITS FINDINGS AND RECOMMENDATION ON THE ITEM BEING CONSIDERED. THE PARTY MAKING THE REQUEST MAY MAKE A PRESENTATION AND MAY ADDRESS THE BOARD ON ANY ISSUES ARISING DURING THE DISCUSSION OF THE ITEM BEING CONSIDERED. ANYONE IN THE AUDIENCE DESIRING TO SPEAK IN FAVOR OR IN OPPOSITION MAY DO SO. [00:05:02] A 3 TO 5 MINUTE TIME LIMIT WILL BE GIVEN TO EACH PERSON INTERESTED IN SPEAKING ON THE ITEM. THE USE OF A LARGE. THE USE OF A SPOKESPERSON FOR LARGE GROUPS OF PEOPLE WILL BE REQUIRED. ONCE THE CHAIR CLOSES THE PUBLIC HEARING, THE BOARD MAY QUESTION ANYONE TO MAINTAIN ANY DISCUSSION WHICH CLARIFIES THE PROPOSAL AND WILL THEN TAKE WHAT ACTION IT BELIEVES TO BE APPROPRIATE. A MINIMUM OF FOUR VOTES ARE REQUIRED FOR AN ITEM TO BE APPROVED BY THE BOARD. MOVING ON TO OUR NEXT ITEM. ITEM SIX ABSENCES. CONSIDER EXCUSING THE ABSENCE OF A BOARD MEMBER, MARK GONZALEZ, FROM THE APRIL 3RD, 2024. REGULAR MEETING. CAN I GET A MOTION FROM THE BOARD, PLEASE? MOTION TO APPROVE. CAN I GET A SECOND? MOTION A SECOND? ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. [6. ABSENCES] MOVING ON TO OUR NEXT ITEM. ITEM SEVEN MINUTES. CONSIDER APPROVAL OF THE MINUTES FOR THE APRIL 3RD, [A. Consider Approval of the Minutes for the April 3, 2024 Regular Meeting] 2024 REGULAR MEETING. CAN I GET A MOTION FROM THE BOARD, PLEASE? ON NUMBER SEVEN. MOTION TO APPROVE. CAN I GET A SECOND? MR. VAZQUEZ? SECOND. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. [8. PUBLIC HEARINGS] ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. [A. Consider Variance Requests to the City’s Unified Development Code as Follows: 1.) Article 2,] MOVING ON TO OUR NEXT ITEM PUBLIC HEARINGS. AGENDA ITEM EIGHT A CONSIDER VARIANCES TO THE CITY'S UNIFIED DEVELOPMENT CODE AS FOLLOWS ONE. ARTICLE TWO, SECTION 2.06 ACCESSORY USE AND STRUCTURE STANDARDS TWO POINT ARTICLE THREE. SECTION 3.102 STANDARDS FOR RURAL AND RESIDENTIAL DEVELOPMENT, BUILDING SEPARATION AND THREE ARTICLE THREE, SECTIONS 3.102 STANDARDS FOR RURAL AND RESIDENTIAL DEVELOPMENT SETBACKS BEING LOT 49 LUMEN SUBDIVISION PHASE A LOCATED AT 1907 LARGO WOODLAWN, AS REQUESTED BY PAUL M DENMAN. GOOD EVENING, I AM TOLD FRED RICARDO FARLEY, PLANNER HERE WITH THE CITY OF EDINBURGH. SO IN THIS AGENDA ITEM, FIRST, WHAT I WOULD LIKE FOR YOU ALL TO DO IS GET A GOOD PICTURE OR TO LOOK AT THIS PICTURE HERE. OKAY. THIS IS THE ITEM THAT WE'RE GOING TO BE DISCUSSING. IT'S VERY IMPORTANT TO LAY A FOUNDATION OR TO UNDERSTAND BEFORE WE MOVE FORWARD WHAT WE'RE LOOKING AT. NOW WE'RE GOING TO GO AHEAD AND MOVE FORWARD AND AND READ THE REQUEST HERE. THEN WE'RE GOING TO GO BACK TO THIS PICTURE. SO THE APPLICANT IS REQUESTING A VARIANCE TO THE CITY UNIFIED DEVELOPMENT CODE ARTICLE TWO AS IT APPLIES TO ACCESSORY STRUCTURES IN THIS CASE A SHED. THE SINGLE FAMILY USES IN ARTICLE THREE AS IT APPLIES TO BUILDING SEPARATION AND SETBACKS. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW A STORAGE SHED ON A CONCRETE SLAB. HERE WE SEE THE CONCRETE SLAB WITH PLUMBING, WHERE WE SEE IT HAS ROUGHENED PLUMBING ALREADY TO BE PLACED IN THE SIDE YARD APPROXIMATELY THREE FEET FROM THE PRINCIPAL STRUCTURE, WHICH IS THE HOUSE, AND WITH A THREE FOOT SIDE YARD SETBACK INSTEAD OF THE SEVEN FOOT SIDE YARD SETBACK REQUIRED. NOW THAT SOUNDS LIKE A LOT, RIGHT? BUT LET'S GO OVER IT STEP BY STEP. VARIANCE BY VARIANCE. SO THE FIRST ONE WE'RE GOING TO LOOK AT IS BUILDING SEPARATION. SO STRUCTURES ON THE SAME LOT STRUCTURES ON THE SAME LOT MUST OR SHALL MAINTAIN A CERTAIN DISTANCE. SO THAT'S CALLED BUILDING SEPARATION. AND AS YOU CAN AS YOU CAN SEE HERE WHERE THE HOUSE IS TO WHERE THE SHED IS LOCATED, THAT IS THE BUILDING SEPARATION. THERE IS A MINIMUM REQUIREMENT THAT IS ALLOWED FOR THIS PARTICULAR IN THIS PARTICULAR INSTANCE. THE SECOND ONE WE'RE GOING TO LOOK AT IS CALLED SIDE YARD. NOT THE SIDE YARD SETBACK BUT SIDE YARD. SO WHAT IS THE SIDE YARD. WELL THE SIDE YARD IS THE SPACE BETWEEN THE PLANE OF THE BUILDING OR THE HOUSE AND THE PROPERTY LINE. THIS AND IT EXTENDS FROM THE FRONT ALL THE WAY TO THE REAR OF THE PROPERTY. SO THIS IS CALLED THE SIDE YARD. AND I'M JUST GOING TO GO AHEAD AND SAY THAT CURRENTLY THE ONLY STRUCTURE ACCESSORY STRUCTURE THAT CAN BE BUILT IN THE SIDE YARD BY CODE, [00:10:04] BY CODE AS WE SPEAK ARE SWIMMING POOLS. AND THE THIRD APPEARANCE WE'RE GOING TO LOOK AT IS CALLED THE SIDE YARD SETBACK. THAT IS TO THE BUILDABLE LINE OR THE BUILDABLE AREA OF THE STRUCTURE. AND THAT'S MEASURED ASSUMING THAT THIS FENCE IS ON THE PROPERTY LINE FROM HERE OVER TO THE SHED. THERE IS LIKE A SEVEN, LIKE A THREE FOOT ENCROACHMENT. SO DOES EVERYONE UNDERSTAND WHAT THE VARIANCE REQUESTS ARE BEFORE WE MOVE FORWARD? OKAY. VERY GOOD. ALRIGHT, SO NOW THAT WE UNDERSTAND WHAT THE REQUEST IS, LET'S GET A LITTLE BACKGROUND INFORMATION ON THIS, THE PROPERTY, LOCATION AND THE VICINITY. SO THIS IS AN IRREGULAR SHAPED LOT. OKAY. IT'S LOCATED ON THE WEST SIDE OF HURON STREET, APPROXIMATELY SOME 65FT NORTH OF LEGO TAHOE STREET. THIS PROPERTY IS ZONED RESIDENTIAL PRIMARY DISTRICT WITH RECORDED SETBACKS OF FRONT 25, SIDE SEVEN, AND REAR 25. SO ADJACENT ZONING IS RESIDENTIAL PRIMARY DISTRICT TO THE NORTH, SOUTH AND EAST. RESIDENTIAL SUBURBAN DISTRICT TO THE WEST. THE SURROUNDING LAND. THE SURROUNDING LAND USES ARE SINGLE FAMILY RESIDENTIAL USES TO THE NORTH AND SOUTH AND EAST. AND OF COURSE, IF YOU'RE A GOLFER. LOS LAGOS GOLF COURSE TO THE WEST. SO THIS IS KIND OF SETS THE STAGE AS TO WHERE WE ARE. OKAY. SO NEXT WE'RE GOING TO LOOK AT A LITTLE BACKGROUND IN HISTORY. BUT IT'S VERY IMPORTANT THAT AS WE MOVE FORWARD WITH THE BACKGROUND IN HISTORY THAT WE PAY ATTENTION TO THE TIMES AND DATES OF THINGS THAT HAPPEN THAT BROUGHT US TO THIS POINT THIS EVENING. OKAY. SO LET'S, LET'S, LET'S LOOK LET'S LOOK FORWARD AND LOOK AT THAT. SO THIS PROPERTY IS PART OF LUMEN SUBDIVISION PHASE A THAT WAS RECORDED ON NOVEMBER THE 8TH, 2016 A RECORDED PLAT. NOW HERE'S THE FIRST TIME FRAME WE'RE GOING TO LOOK AT. ON APRIL THE 8TH, 2024, CODE ENFORCEMENT POSTED A STOP WORK ORDER FOR ROOF AND PLUMBING FOR PROPOSED STORAGE SHED ON A CONCRETE SLAB WITHOUT A PERMIT. AND WE LOOK AT THE PICTURE HERE. YOU CAN SEE THE ROOF AND PLUMBING THAT'S IN PLACE. YOU NEED A PERMIT FOR THAT. A PERMIT WAS NOT OBTAINED. CODE ENFORCEMENT DOING THEIR JOB POSTED A STOP WORK ORDER. THE APPLICANT WAS THEN ADVISED TO MOVE FORWARD AND APPLY FOR A PERMIT. THEREAFTER THE NEXT TIME FRAME THEREAFTER, ON APRIL THE 11TH, THE APPLICANT APPLIED FOR THE PERMIT WITH A SITE PLAN. PLANNING STAFF REVIEWED THE SITE PLAN AND NOTICED THE PROPOSED PLACEMENT OF THE SHED WAS LOCATED IN THE SIDE YARD, AND THE ENCROACHMENT INTO THE SEVEN FOOT SIDE YARD. WE HAVE A LITTLE MAP THAT MAY SHOW THAT ENCROACHMENT A LITTLE BIT BETTER. LET'S SEE HERE. OKAY. AS YOU CAN SEE, IT SAYS OUR PLANNING STAFF REVIEWED THE SITE PLAN. AND AT THE TOP HERE YOU CAN SEE THIS DOTTED LINE HERE. THAT'S THE SEVEN FOOT SIDE YARD SETBACK. AND AS YOU CAN SEE THE SHED IS WITHIN THAT SETBACK. SO THEREFORE THE APPLICANT DID APPLY FOR THE PERMIT. PLANNING STAFF REVIEWED THE PERMIT. NOTICE THE ENCROACHMENTS. THEREAFTER. ON APRIL THE 9TH, THE APPLICANT ZONING VARIANCE APPLICATION WAS RECEIVED FROM THE APPLICANT ON APRIL THE 9TH. AND THAT'S WHAT BROUGHT US TO THIS POINT TONIGHT. OKAY. SO STAFF NOTICES THIS REQUEST TO 222 NEIGHBORING PROPERTY OWNERS ON FRIDAY, MAY THE 17TH. NOW, WE DID RECEIVE ONE ONE AGAINST GRANTING THE VARIANCE. OKAY. AND THAT WAS IT. ONLY ONE NOTICE AGAINST GRANTING THE VARIANCE. A LITTLE ANALYSIS OF THE PROPERTY HERE. THIS PROPERTY AGAIN IS IRREGULAR SHAPE. IT HAS A TOTAL SQUARE FOOTAGE OF 7513FT². NOW THAT'S IMPORTANT. KEEP THAT SQUARE FOOTAGE IN MIND AS WE MOVE FORWARD. AND WE'RE GOING TO TOUCH ON WHY THAT IS IMPORTANT. OKAY. SO THE CONCRETE SLAB FOR THE PROPOSED STORAGE SHED MEASURES NINE FEET IN LENGTH BY SIX FEET WIDE AND IS THREE FEET FROM THE NORTH SIDE PROPERTY LINE AND THREE FEET FROM THE PRINCIPAL STRUCTURE. OKAY. SO IT'S THREE FEET FROM THE PRINCIPAL STRUCTURE, AS WE NOTED HERE. OKAY, LET ME GET BACK TO OUR PICTURE HERE. I SEE THERE WE GO. THREE FEET FROM THE PRINCIPAL STRUCTURE. THE IT'S THREE FEET FROM THE NORTH SIDE PROPERTY LINE, THREE FEET FROM THE PRINCIPAL STRUCTURE, CREATING A FOUR FOOT ENCROACHMENT INTO THE SEVEN FOOT SIDE YARD SETBACK. THE UNIFIED DEVELOPMENT CODE, ARTICLE TWO. HERE. HERE IT IS. HERE'S WHY THIS SQUARE FOOTAGE IS IMPORTANT. [00:15:02] THE UNIFIED DEVELOPMENT CODE ONLY ALLOWS FREESTANDING ACCESSORY STRUCTURES AND SIDE YARDS OF SINGLE FAMILY LOTS THAT ARE HALF ACRE OR GREATER. HALF ACRE OR GREATER WOULD MEAN THAT THE LOT WOULD NEED TO BE 21,780FT². THIS LOT IS ONLY 7513FT². SO THEREFORE WITH THAT IN MIND, IT WOULD NOT BE PERMITTED. ALSO, THE UNIFIED DEVELOPMENT CODE ARTICLE THREE. HERE'S THE BUILDING SEPARATION REQUIREMENT REQUIRES A 12 FOOT BUILDING SEPARATION BETWEEN BUILDINGS ON THE SAME LOT. NOW, WE DO HAVE OUR FIRE MARSHAL WITH US. TODAY THAT SEPARATION CAN BE REDUCED WITH THE FIRE MARSHAL'S APPROVAL. AND IN THIS CASE, I BELIEVE THE APPLICANT IS STATING THAT HE'S PROPOSING TO PUT A METAL CARPORT THERE, AND THE FIRE MARSHAL CAN SPEAK AS TO THE BUILDING SEPARATION AND HOW MUCH HE WOULD ALLOW. THE APPLICANT JUST SIMPLY STATED THAT HE DIDN'T KNOW ABOUT THESE REQUIREMENTS AND THAT HE WAS ONLY BUILDING THIS SHED TO PUT AWAY HIS ACCESSORIES FOR HIS SWIMMING POOL, THEREBY NEEDING TO BE IN CLOSE PROXIMITY TO THE POOL. SO STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST. IF APPROVED, THE APPLICANT WOULD NEED TO COMPLY WITH ALL OTHER REQUIREMENTS DURING THE PERMITTING PROCESS AND IF APPROVED, THEY WOULD NEED TO PAY $40 FOR THE RECORDING OF THE. ZONING VARIANCE. I BELIEVE THE APPLICANT IS HERE IF HE WOULD LIKE TO SPEAK. THANK YOU. THANK YOU, MR. FARLEY. GOOD AFTERNOON SIR. THANK YOU. CAN YOU DO ME A FAVOR? CAN DO YOU MIND STATING YOUR NAME FOR THE RECORD, PLEASE? MY NAME IS PAUL DENMAN. THANK YOU. I'M THE RESIDENT AND MY WIFE, SARAH, AT 1907 HURON. WE HAD A PROJECT EARLIER THIS YEAR WHERE WE BUILT A SWIMMING POOL AND PATIO IN OUR LITTLE, SMALL BACKYARD, AND WE'RE NEEDING A PLACE TO STORE, YOU KNOW, POOL EQUIPMENT AND, YOU KNOW, STUFF THAT'S LAYING AROUND THAT WE DIDN'T WANT BLOWING AROUND DURING HURRICANES OR BAD WINDS AND STUFF LIKE THAT. AND EVENTUALLY. ALSO, I WANT TO BE ABLE TO HANDLE MY OWN CHEMISTRIES FOR THE POOL AND ALL THAT STUFF. IT GETS EXPENSIVE HAVING SOMEBODY COME IN EVERY MONTH AND DO ALL OF THAT, AND TO STORE THE CHEMICALS, THE PLUMBING THAT YOU SEE THERE IS FOR BASICALLY A SINK TO BE ABLE TO RINSE STUFF AND ALL OF THAT. IT'S ROUGHED IN. IT'S NOT GOING TO BE CONNECTED UNTIL PERMITS ARE ISSUED AND ALL OF THAT. SO BUT YOU DON'T WANT TO SET CONCRETE DOWN AND THEN NOT HAVE IT THERE. SO IF YOU WILL LOOK. ON THE ENGINEERING MAP. YOU CAN SEE THAT THE THE SIX BY NINE SHED THAT WE'RE WANTING TO BUILD IS GOING TO BE SIMILAR TO THIS. IT'S GOING TO BE ALL METAL. AND IT'S THE COMPANY THAT DOES IT IS JC BENZ. HE'S A LOCAL. CONTRACTOR WHO WAS GOING TO MAKE THE SHED FOR ME. AND HERE'S THERE'S ANOTHER PICTURE HERE FROM THE OTHER ANGLE. YOU KNOW, WHERE WHERE YOU CAN KIND OF SEE, YOU KNOW, WHAT'S GOING ON. THERE'S SOME OTHER PICTURES THERE FOR YOUR INTEREST IF YOU WANT TO LOOK AT THEM. BUT YOU CAN SEE THAT I WANTED THE SHED NEAR WHERE THE POOL EQUIPMENT IS. SO YOU'RE NOT LUGGING FIVE GALLON BUCKETS AROUND AND HAVING TO, YOU KNOW, PUT THEM INTO THE MACHINERY WHERE THAT THE PUMP AND THE FILTER AND ALL OF THAT FOR THE POOL. ALSO, I DROVE AROUND THE NEIGHBORHOOD AND LOOKED AND THERE ARE A LOT OF SHEDS THAT ARE NOT A LOT, BUT THERE ARE SEVERAL PLACES THAT HAVE PUT LIKE HOME DEPOT SHEDS IN AND PUT THEM ON BLOCKS AND JUST KIND OF PUT THEM RIGHT THERE ON THE PROPERTY LINE. AND SO THAT'S WHY I FIGURED, WELL, I DON'T WANT SOMETHING THAT LOOKS THAT BAD. I WANT SOMETHING THAT LOOKS NICE. IT'S GOING TO BE THE SAME COLOR AS THE HOME, AND WANTED SOMETHING THAT WOULD BE HURRICANE PROOF AND NOT END UP STUFF BLOWING AROUND, DAMAGING. I'VE LIVED HERE FOR 40 SOME ODD YEARS AND BEEN THROUGH A FEW HURRICANES AND KNOW WHAT DAMAGE I CAN DO. SO BASICALLY IT'S JUST A STORAGE SHED FOR THE EQUIPMENT FOR POOL CHEMICALS. AND I'M KIND OF HEMMED IN. IF YOU LOOK AT THE ENGINEERING CHART, THERE'S A HILL OR A MOGUL THERE FOR THE GOLF COURSE. AND THEN AS YOU CAN SEE THERE, THERE'S A TREE. SO I CAN'T GO ANY FURTHER TOWARDS THE BACKYARD. AND SO ONE FOOT OF THAT SHED IS GOING TO BE AT THE CORNER OF WHERE THE HOUSE IS. [00:20:05] THE REST OF IT IS BASICALLY GOING TO BE IN THE BACKYARD, THE SIDE OF THE BACKYARD. SO THAT'S THE WAY I INTERPRET IT. SO AND YOU CAN SEE IF YOU LOOK AT THE DIMENSIONS ON THE HOUSE, YOU KNOW, WHEN I WAS GOING THROUGH ALL OF THIS AND ALL THE VARIANCES AND STUFF THROUGHOUT THE YEARS THAT WERE GRANTED TO THE CONSTRUCTION PEOPLE AND THE DEVELOPER. YOU KNOW, MY HOUSE IS 6.5FT, SIX FEET, FIVE INCHES IS NOT SEVEN. SO I'M SITTING THERE KIND OF CONFUSED ABOUT WHAT THE ACTUAL VARIANCE IS ON THAT LOT. AND I'M REALLY NOT REALIZING THAT THERE WAS A SIDE VARIANCE. I REALIZED THE PURPOSE OF HAVING A FRONT AND BACK BECAUSE OF UTILITIES AND ALL OF THAT. AS FAR AS THE SIDE VARIANCES, THAT'S THE FIRST. YOU KNOW, I REALIZED THAT THERE WAS ONE. SO THAT'S WHERE I STAND. I STARTED THE PROJECT. IT'S BEEN STOPPED. EXCUSE ME. IT'S BEEN STOPPED. PENDING PENDING YOUR APPROVAL. AND I HOPE THAT YOU DO APPROVE IT. IT WOULD BE A BENEFIT TO THE HOUSE. AND I THINK THE NEIGHBORHOOD TO HAVE SOMETHING THAT'S NICE AND NOT JUST A HOME DEPOT SHED ON BLOCKS WHICH I WAS TOLD I COULD PUT IN, WHICH I DON'T WANT TO DO. I WANT SOMETHING A LITTLE NICER. DO YOU HAVE ANY QUESTIONS? THANK YOU, MR. CHAIRMAN. ANY QUESTIONS FOR MR. DENMAN? YES. GOOD AFTERNOON, MR. DENMAN. IS THE ARCHITECTURAL COMMITTEE THERE AT LUMEN AWARE OF THIS ADDITION TO YOUR HOME? HAVE THEY HAS THE HOA APPROVED OR HAVE YOU EVEN APPROACHED THE HOA? I SENT IN THE ALL THE PAPERWORK TO THE HOA, AND THEY SAID IF THE CITY, YOU KNOW, APPROVED IT, THEN IT WOULD BE OKAY WITH THEM. OKAY. AND I HAVE THAT LETTER, SO. BUT THEY WILL BE PUTTING IT IN YOUR BALLPARK, SO. THANK YOU. ANY OTHER. IS THAT IS THAT PLUMBING FOR A RESTROOM OR WHAT IS THAT PLUMBING FOR? IT'S SUPPOSED TO BE FOR A SINK FOR, YOU KNOW, WHEN YOU'RE DEALING WITH POOL CHEMICALS, YOU'VE GOT CHLORINE AND STUFF LIKE THAT AND BE ABLE TO RINSE. THEY PROBABLY PUT IN THE WRONG I THINK. AND WHAT I SEE THE SINK. BUT WHAT'S THE OTHER? YEAH, THAT WASN'T SUPPOSED TO BE THERE. IT'S GOING TO BE CORRECTED. SO ANYWAY, THE PERMITS WILL BE ISSUED IN IN WHEN? ALL I WANTED TO DO IS JUST ROUGH IN THE STUFF SO THAT WHEN THE CONCRETE SET THAT EVERYTHING IS THERE IF WE DECIDE TO WHICH WAY TO GO. SO FOR A MOMENT, THE UNIFIED DEVELOPMENT CODE ARTICLE TWO DOES ALLOW FOR PLUMBING FOR A SINK AND ALSO A WATER CLOSET AND STORAGE SHEDS. ANYTHING ELSE? I JUST HAVE A QUESTION FOR MR. CARTER. MR. FARLEY, YOU MENTIONED THE FIRE MARSHAL. THAT WAS A QUESTION THAT I KIND OF HAD. THE FIRE MARSHAL WHAT WAS HIS OPINION? AND HIS RESPONSE TO. WELL, THE FIRE MARSHAL IS HERE. I DON'T WANT TO STEP INTO HIS AREA. AND YOU CAN ASK HIM DIRECTLY. NO, IT IS A METAL SHED. SO IT'S NOT COMBUSTIBLE AS FAR AS. OKAY. OKAY. HI. GOOD EVENING. GABRIEL ESPINOZA WITH THE DENVER FIRE MARSHAL'S OFFICE. I DO HAVE SOME SOME KNOWLEDGE ON THIS PROJECT THAT WE'RE TALKING ABOUT HERE. SO THE UNIFIED DEVELOPMENT CODE OPERATES A LITTLE BIT DIFFERENTLY THAN THE IBC, WHICH IS INTERNATIONAL BUILDING CODE AND THE IFC INTERNATIONAL FIRE CODE. SO IN THE SPIRIT OF THE UDC OR THE INTENT OF THE UDC, I'M SORRY. IT WOULD NOT COMPLY WITH THEIR BUILDING SEPARATIONS AND THEIR SIDE LOT SEPARATIONS. SO IF WE'RE APPLYING THE IBC OR THE IRC. SORRY. THEN AS LONG AS WE GET THESE STRUCTURES TO BE FIRE RATED, THEN IT WOULD COMPLY WITH THAT CODE. SO IT WOULD BE DIFFICULT FOR ME TO GIVE YOU A DIRECT ANSWER HERE TODAY, BECAUSE I DON'T REALLY KNOW THE DIMENSIONS OR WHAT'S ON THE OTHER SIDE OF THE FENCE, HOW IT'S GOING TO AFFECT THE NEIGHBORING PROPERTY, BECAUSE THE NEIGHBORING PROPERTY IS ALSO HAD TO MEET THESE REQUIREMENTS. AND THEY DID IN THIS CASE, ACCORDING TO THE UDC, THEY DO NOT MEET THOSE REQUIREMENTS. SO I'D HAVE TO STUDY THIS A LITTLE BIT FURTHER, BECAUSE I DON'T KNOW THE TRUE DIMENSIONS OF WHAT I'M LOOKING AT THERE. I'D HAVE TO SEE THE ACTUAL SPECIFICATIONS TO MAKE SURE THAT NOTHING IS GOING TO BE OVERHANGING INTO THE NEXT PROPERTY, THAT THERE'S PRETTY MUCH TOO MANY UNANSWERED QUESTIONS FOR ME THAT I'M [00:25:03] UNABLE TO GIVE YOU A DIRECT ANSWER HERE TONIGHT FROM FROM WHAT YOU SEE, FROM WHAT YOU GATHER WITH, WITH THE FACTS AT HAND. DO YOU HAVE ANY OPINION, ANY CONCERNS WITH THIS TYPE OF STRUCTURE? AND BASED ON, ON I GUESS THE THE SETBACKS. SURE. SO MY CONCERNS JUST LOOKING AT THE PHOTO HERE IS I WOULD NEED TO KNOW THE ACCESS FOR THE FIRE DEPARTMENT. SO IF THIS IS THEIR SIDE OF THE YARD, THAT IS GOING TO BE CONSIDERED OUR ACCESS TO GET TO THE BACK. I WOULD VENTURE TO SAY IT WOULD BE AN OBSTRUCTION FOR US. RIGHT. THE OTHER THING I SEE IS PLUMBING THERE. SO TO ME IT DOESN'T LOOK LIKE A STORAGE SHED. IT LOOKS LIKE IT'S GOING TO BE CONVERTED INTO SOME SORT OF OUTDOOR RESTROOM, WHICH IS GOING TO REQUIRE ELECTRICITY POWER. SO THEN THAT CAUSES ANOTHER CONCERN. BUT THAT'S KIND OF STEPPING OUTSIDE MY MY SCOPE OF PRACTICE AS FAR AS WHAT'S REQUIRED THROUGH THE MECHANICAL, ELECTRICAL AND PLUMBING CODES. BUT AS FAR AS THE SETBACKS, I DON'T HAVE ENOUGH INFORMATION HERE TODAY OTHER THAN TO SAY I DO AGREE THAT IT DOES NOT MEET THE UDC. SETBACKS. AND AS FAR AS BEING ABLE TO TELL WHAT'S GOING TO BE REQUIRED AS FIRE RATINGS, I WOULDN'T KNOW UNTIL I CAN I UNDERSTAND WHAT'S WHAT'S AROUND THERE AND THE EXACT MEASUREMENTS. SO IF THERE WAS SOME TYPE OF FIRE, HOPE, PRAY, AND OBVIOUSLY NOTHING LIKE THAT, RIGHT? BUT I'M JUST SAYING YOU MENTIONED IT, BUT THERE WAS PERHAPS A FIRE. WOULD THIS BE A CONCERN? IN THE ACCESS, THEN GETTING ACCESS TO THE BACK? YEAH. I MEAN, FOR ME, THERE WOULD BE A CONCERN ONLY BECAUSE I'M JUST HEARING THAT HE'S GOING TO BE STORING CHEMICALS SUCH AS OXIDIZERS AND CHLORINES AND STUFF LIKE THAT. AND THEN I'M SEEING WHAT LOOKS TO BE LIKE FUTURE DEVELOPMENT, WHICH IS NOT A TRUE STORAGE SHED THE WAY IT'S BEING DESCRIBED. THANK YOU SIR. THANK YOU, MR. ESPINOZA. YOU SAID THAT THERE WAS SOMEBODY AGAINST. RIGHT? ONE PERSON THAT WAS AGAINST. WHAT WAS THE REASON? SHE IS PRESENT. SHE'S PRESENT. OKAY. GOOD EVENING. YES. GOOD EVENING. DO YOU MIND, PLEASE? YES. THANK YOU VERY MUCH. I HAVE SOME DOCUMENTATION TO SHARE WITH YOU. CAN YOU DO ME A BIG FAVOR? DO YOU MIND SPEAKING A LITTLE CLOSER AND THEN. MY NAME IS CHRISTINE GARIN. I'M SORRY. THANK YOU SO MUCH. NICE TO MEET YOU ALL. AND I HAVE SOME DOCUMENTATION FOR YOU TO SHARE, TO SHARE WITH YOU. AND SO I'M GOING TO GIVE IT TO YOU NOW. THAT'S OKAY. THANK YOU SO MUCH. WE'LL SHARE IT WITHIN OURSELVES. OF. THIS. NO, NO. JUST WE JUST. YOU CAN LEAVE THE COPIES UP HERE. IT'S OKAY. SO EXCUSE ME CHAIRMAN, YOU NEED TO OPEN UP THE MEETING TO THE PUBLIC BEFORE WE COULD. YES. THANK YOU SO MUCH. AT THIS TIME I'D LIKE TO GO AHEAD AND OPEN IT UP TO THE PUBLIC. AND, OF COURSE, DO WE HAVE ANYBODY ELSE TO SPEAK ON BEHALF OF THIS ITEM? IN THIS CASE, YOURSELF. THANK YOU. THANK YOU SO MUCH FOR THE OPPORTUNITY. SO I'M I'M ON THE OTHER SIDE OF THE FENCE. I'M THE ONLY NEIGHBOR HERE. AND SO I WILL GIVE YOU A DESCRIPTION OF WHAT HAPPENED AND OF MY CONCERNS. SO ON SATURDAY, MARCH NINE, CONSTRUCTION OF A CONCRETE SLAB BY MR. DENMAN WITHOUT CITY PERMIT. AND THIS IS YOUR EXHIBIT ONE. BUT YOU HAVE A VERY GOOD PICTURE HERE. AND SO THERE WAS A FIVE TIME VIOLATION BY MR.. MR. DENMAN OF THE ORDER TO STOP CONSTRUCTION BY CODE ENFORCEMENT. AND I GIVE YOU AN EXAMPLE OF THIS. IN EXHIBIT TWO YOU HAVE THE THE COURT REPORT OF VIOLATIONS. AND THEN SO THIS IS THE SECOND TIME THAT IT WAS STOPPED. BY CODE ENFORCEMENT. AND THIS IS THE THIRD TIME IT WAS STOPPED BY CODE ENFORCEMENT. AND SO THEN CODE ENFORCEMENT PUT A POST TO STOP THE WORK. AND THEN MR. DENMAN REMOVES THE POST. AND SO IT DID THAT THREE TIMES. AND THERE ARE THE PICTURES HERE WHERE THE POST WAS REMOVED OR MOVED SOMEWHERE ELSE. AND THIS IS JUST TO GIVE SOME BACKGROUND. AND THE CONSTRUCTION OF THE SLAB AND THE SHED IS ALONG MY PROPERTY GUILTY AS LESS THAN [00:30:06] TWO FEET FROM MY PROPERTY LINE. AND SO THIS IS EXHIBIT THREE. I SHOW YOU EXHIBIT THREE AND I MEASURE IT. AND MY PROPERTY LINE IS ACTUALLY NOT WHERE MY FENCE IS. THAT IS WHERE THIS SPRING IT IS, BECAUSE MY FENCE IS 6 TO 4IN INSIDE OF MY PROPERTY. AND SO THE SETBACK OF FOR LOT 49 MR. MR. LOT IS SET FEET FROM MY PROPERTY LIMIT. AND SO THIS IS NOT 1IN INCH OR TWO INCHES CHANGE. THIS IS SEVEN TWO INCHES CHANGE FROM MY PROPERTY LINE. AND SO I WHEN I BOUGHT MY LOT LOT 48 THAT IS ON THE OTHER SIDE OF THE. OF THE FENCE. I KNEW THAT THERE WAS SEVEN FEET SEPARATION AND I BOUGHT I BOUGHT MY LOT VERY EXPENSIVE. SO THAT WAS THE CONDITION I BOUGHT AND THAT WAS MANY LOTS AVAILABLE, BIGGER. BUT I CHOSE THIS ONE BECAUSE THAT WAS KIND OF A GUARANTEE FOR ME. AND SO THEN I CONSTRUCTED MY HOUSE ACCORDINGLY. SO THEN THE TWO BUILDINGS WILL BE SEPARATED BY 13. 14FT. OKAY, SO FOR ME, WHEN I BOUGHT THE LOT, MY SETBACK WAS SEVEN FEET. LIKE MR. DENMAN. BUT WHEN I CONSTRUCTED, MY SETBACK BECAME SIX FEET. AND SO I CHOSE TO TURN MY HOUSE AROUND. SO IF YOU LOOK AT HERE, I TURNED MY HOUSE SO I DON'T HAVE THIS MR.. SO I WILL DO ALL THE DETAIL ORIENTED TOWARDS THE WALL. OKAY, SO I DID THAT SO THAT I'M NOT STRICTLY SOUTH, BUT I'M SOUTH WEST. SO I LOOK TOWARDS THE BACK. I'M GOING TO INTERRUPT YOU REALLY QUICK. I JUST WANT TO MAKE SURE PUBLIC COMMENTS, WE'RE GOING TO TRY TO KEEP THEM TO THREE MINUTES. OH, OKAY. DO YOU MIND KEEPING. OKAY, I'M GOING TO GO FASTER. I'M LOOKING AT THE AGENDA AND IT SAYS 3 TO 5. SO I'M GOING TO KEEP A FIVE MINUTE TIME LIMIT. PERFECT. THANK YOU. I'VE SET A TIMER. THANK YOU SO MUCH. I'M GOING TO GO FASTER. OKAY. THANK YOU SO MUCH. SO I PURPOSELY TURN THE ORIENTATION OF MY HOUSE TO NOT HAVE DIRECT VIS A VIS WITH A LOT 49 AND YOU HAVE THIS IN THE EXHIBIT FIVE AND YOU CAN SEE IN THE SURVEY ALSO AND SO TURNING MY HOUSE A LOW CONSTANT VIEW TOWARDS THE GULF AND NO OBSTRUCTED VIEW FROM ANY OF MY TWO BEDROOMS THAT ARE ON THIS SIDE AND DIRECT LIGHT SUN, SUNLIGHT IN WINTER. OKAY, WHEN THE SUN IS LOW. AND THEN INTERESTINGLY, I WAS ABLE TO TURN THE HOUSE WITHOUT CHANGING THE PLAN BECAUSE THE SETBACK CHANGE TO SIX FEET. SO I HAVE A CORNER OF MY HOUSE THAT IS AT SIX FEET. THE REST IS AT SEVEN. SO MORE INTERESTINGLY, WHEN I BUILT MY HOUSE MR. DENMAN CAME AND WHEN I WAS CONSTRUCTED AND CONTACTED THE DEVELOPER AND MY BUILDER SAYING THAT I WAS TOO CLOSE FROM HIS PROPERTY AT THAT TIME, I WAS AT FIVE MINUTES. IT'S FIVE MINUTES. IT'S EXCEEDED THE FIVE MINUTE MARK. OKAY. MR. GARIN, DO YOU HAVE A FEW, FEW CLOSING COMMENTS? YEAH. FIVE SECONDS. 10S COMMENTS. SO WHY WHY LOT 49? MR. DENMAN NOT GET THE VARIANCE APPROVED. IT IS DETRIMENTAL TO MY PROPERTY AND MY PROPERTY VALUE. THERE IS A WATER DRAINAGE ISSUE. IT IS DANGEROUS TO MY FAMILY AND MYSELF, AS IS DOING BARBEQUE BARBECUE NEAR THE FENCE AND I HAVE PICTURES ON THE. ON THIS THERE IS A COLLISION WITH THE HOA, AND THE HOA DOES NOT FOLLOW ITS INTERNAL [00:35:07] RULES AND WILL BE SUBJECT TO A LAWSUIT. THANK YOU SO MUCH, MISS KAREN. I HAVE ONE MORE. ONE MORE SENTENCE. OKAY. GO AHEAD. SO SO IT IS NOT ONLY ONE INCH, BUT 72 INCH. AND SO MR. DENMAN ASKED IF HE IS ABOVE THE CITY RULING AND REMOVE SIGNAGE PLACED BY CODE ENFORCEMENT. IT SHOULD NOT BE REWARDED FOR NOT FOLLOWING THE RULES. THANK YOU SO MUCH. SORRY. DO YOU HAVE ANYONE ELSE IN OUR AUDIENCE THAT WOULD LIKE TO SPEAK ON BEHALF OF THIS PARTICULAR ITEM? YES, SIR. GO AHEAD. MR. ZAMORA, WHO'S IN CHARGE OF COURT CODE ENFORCEMENT, HAS BEEN OUT TO MY HOUSE SEVERAL TIMES. WE'VE GOT TO BE GOOD FRIENDS, BECAUSE EVERY TIME THE LITTLE SIGN BLEW DOWN OR THE YARD GUY WOULD COME OUT AND MOVE IT OR WHATEVER, SHE WOULD CALL CODE ENFORCEMENT AND CALL THE POLICE OR WHATEVER. SO THAT'S WHY THE LITTLE SIGN WAS NOT THERE. BUT ALL CONSTRUCTION, EVERYTHING HAD STOPPED AS REQUESTED. AND AGAIN, WE'RE THE THE MEETING HERE. THE PREVIEW OF THIS MEETING IS JUST SIMPLY ASKING FOR A SETBACK CHANGE FOR STORAGE SHED. AND I TAKE ISSUE WITH THE FIRE MARSHAL. I UNDERSTAND THAT HIS IMPORTANT JOB. BUT IT IS GOING TO BE STORAGE. IT'S THE ONLY PLACE THAT I CAN PUT IT THAT'S USEFUL FOR THAT PURPOSE. NOT REALIZING THERE WAS A SIDE SETBACK. YOU KNOW, I ERRED ON THAT. I AGREE, BUT AGAIN, I AM ASKING FOR PERMISSION TO PUT A METAL SHED UP FOR STORAGE AND NOTHING ELSE. IT'S NOT GOING TO BE ANYTHING OTHER THAN THAT. SO I APPRECIATE YOUR YOUR CONSIDERATION. OKAY. THANK YOU. THANK YOU, MR. DENMAN. DO WE HAVE ANY OTHER QUESTIONS OR CONCERNS FOR MR.. MR.. FARLEY? SIR, JUST TO MAKE SURE THE CITY'S RECOMMENDATION IS, IS TO DENY THE. YES, SIR. THAT IS SO. ALL THREE VARIANCES WOULD HAVE TO BE GRANTED IN ORDER FOR THE STORAGE SHED TO BE AT THIS LOCATION. THANK YOU. ANY OTHER QUESTIONS OR CONCERNS? NO. AT THIS TIME, I'M GOING TO GO I'M GOING TO GO AHEAD AND. YES, SIR. SO IS THAT CONSIDERED TO BE. THAT'S IN THE BACKYARD. IF YOU IF YOU COULD COME UP TO THE MICROPHONE, SIR. IF YOU LOOK AT THE ENGINEERING MAP, THE LIKE I SAID, ONLY ONE FOOT OF THE SHED OVERLAPS WITH THE HOUSE RIGHT THERE, AND THE REST OF IT IS BASICALLY IN THE BACKYARD, THE SIDE OF THE BACKYARD. SO ARE WE NITPICKING HERE AS FAR AS WHAT THE SIDE IS? SO IN OTHER WORDS, WHAT I'M SAYING, IF YOU LOOK AT THE THE ENGINEERING MAP, YOU SEE THAT THERE'S JUST THE CORNER OF IT IS AT THE EDGE OF THE HOUSE AND IS OVER ONE FOOT. IF I WERE TO SHORTEN THAT, WOULD THAT WORK OR WHAT'S MY OPTION HERE? WELL LET'S SEE. SO OKAY, THE WAY IT SITS RIGHT NOW WE HAVE THE ITEM ON HAND AND THAT'S WHAT WE'RE TRYING TO SEE WHAT MOTION OF COURSE, THAT WE'RE GOING TO BE WORKING WITH ON ALL THREE VARIANCES. I KNOW YOU HAVE A QUESTION ON THAT. I THINK IF YOU WERE TO IN THE FUTURE, DEPENDING ON THE OUTCOME, WANT TO COME REVISIT THAT, THEN WE CAN. YOU DEFINITELY HAVE THAT OPTION AS WELL. SO THAT'S MY QUESTION, IS IS IT REALLY IN THE BACKYARD OR IS IT, YOU KNOW, TO ME THE SIDE IS OVER THERE WHERE THE POOL EQUIPMENT IS BETWEEN THE HOUSE AND THE FENCE. SO ANYWAY, THANK YOU. SO SO HERE AGAIN, ALL THREE VARIANCES WOULD NEED TO BE APPROVED IN ORDER FOR THE VARIANCE TO BE GRANTED. I DO WANT TO STEP IN REAL QUICK. IF WE LOOK AT WHAT WOULD BE FOR OUR DOCKET, I BELIEVE IT'S PAGE 27 OR WAS 25. SO IF WE LOOK AT THE ENGINEERING MAP ITSELF, PAGE 19 THE QUESTION IS, IS IT IN THE BACKYARD? I THINK THIS IS A SENSITIVE TOPIC BECAUSE IT'S SLIGHTLY ENCROACHING INTO WHAT IS THE SIDE, RIGHT? WHICH IS THE SENSITIVE SUBJECT HERE. I DO UNDERSTAND WHY WE NEED TO DENY THIS. RIGHT. SOMETHING THAT WE COULD PROPOSE IS REVISITING THIS AFTER DENIAL AS TO REPOSITIONING THE STORAGE SYSTEM ITSELF. BECAUSE IF YOU LOOK AT THE ACTUAL BACKYARD, THERE IS AREA THERE ARE AREAS WHERE THAT CAN BE ESTABLISHED WITHOUT THE NEED OF A VARIANCE REQUEST. RIGHT. SO YOU KNOW POTENTIALLY THAT COULD BE REVISITED AND REPOSITIONING SOMEWHERE ELSE. YEAH. THE QUESTION CONCERNS COMMENTS. [00:40:02] NO. ALL RIGHT. I'M GOING TO GO AHEAD AND CLOSE THIS ITEM AND ASK THE BOARD FOR A MOTION. A MOTION TO DENY REQUEST. I THINK THE FIRE MARSHAL BROUGHT UP GREAT POINTS. IT LOOKS LIKE I THOUGHT THEY WERE GOING TO DO A RESTROOM THERE, SO I THINK IT LOOKS A LITTLE BIT MORE THAN RESTROOM THAN A STORAGE. THERE'S A LOT OF CHEMICALS. SO IT'S NOT JUST STORAGE. THERE'S CHEMICALS THAT ARE GOING TO BE MIXED IN THERE TOO AS WELL. SO I FEEL IT'S VERY CLOSE TO THE NEIGHBOR. SO I MOTION TO DENY REQUEST FOR THOSE REASONS. I HAVE A MOTION FOR DENIAL FROM MR. VAZQUEZ. MOTION? DO I HAVE A SECOND? HAVE A SECOND FROM MR. GARZA. ALL THOSE IN FAVOR OF THE DENIAL, PLEASE RAISE YOUR HAND. THOSE OPPOSED? SAME SIGN. MOTION IS DENIED. [B. Consider Variance Request to the City’s Unified Development Code Article 5, Section 5.207,] MOVING ON TO OUR NEXT AGENDA ITEM. CONSIDER VARIANCE TO THE CITY'S UNIFIED DEVELOPMENT CODE, ARTICLE FIVE, SECTION 5.207 EASEMENTS BEING LOT 91. AUTUMN RIDGE ESTATES PHASE TWO SUBDIVISION LOCATED AT 3008 25 RHONDA STREET, AS REQUESTED BY JOSUE S AND ALONDRA L FLORES. OKAY, SO IN THIS PARTICULAR AGENDA ITEM, WE'RE GOING TO BE SPEAKING OF THIS PERGOLA HERE. AND IT'S A BEAUTIFUL PERGOLA. IT'S A BEAUTIFUL BACKYARD, BUT IT IS IN THE TEN FOOT REAR UTILITY EASEMENT. ASSUMING THAT THE FENCE IS ON THE PROPERTY LINE. SO THIS THE APPLICANT IS REQUESTING A VARIANCE TO THE CITY'S UNIFIED DEVELOPMENT CODE ARTICLE FIVE AS IT APPLIES TO EASEMENTS. THE APPLICANT IS REQUESTING A FOOT ENCROACHMENT FOR PERGOLA INTO THE TEN FOOT REAR UTILITY EASEMENT LOCATED ON THE WEST SIDE OF THE PROPERTY. AND SO HERE AGAIN IS THE PICTURE OF THE PERGOLA. SO THIS PROPERTY IS A CORNER LOT. IT'S LOCATED ON THE WEST SIDE OF SOUTH RONDA STREET IN THE NORTH SIDE OF LINDSAY BOULEVARD. THIS PROPERTY IS ZONED RESIDENTIAL PRIMARY WITH A PLAT RECORDED WITH A TEN FOOT UTILITY EASEMENT IN THE REAR OF THE LOT. ADJACENT ZONING IS RESIDENTIAL PRIMARY IN ALL DIRECTIONS AND SINGLE LAND USES OR SINGLE FAMILY RESIDENTIAL USES. SO AS WE MOVE FORWARD AGAIN, IT'S IMPORTANT THAT WE PAY ATTENTION TO THE DATES THAT VARIOUS THINGS TOOK PLACE. SO THIS PROPERTY IS PART OF ALTON RIDGE ESTATES PHASE TWO SUBDIVISION THAT WAS RECORDED ON DECEMBER 31ST, 2003. SO HERE WE GO. ON APRIL THE 10TH, 2024, CODE ENFORCEMENT OBSERVED A BURGLAR BEING BUILT WITHOUT A PERMIT. THE APPLICANT WAS THEN ADVISED TO COME IN AND APPLY FOR A PERMIT. THEREAFTER, ON APRIL THE 11TH, JUST ONE DAY AFTER THE APPLICANT APPLIED FOR THE PERMIT WITH A SITE PLAN, PLANNING STAFF REVIEWED THE SITE PLAN AND NOTICED THE ENCROACHMENT INTO THE TEN FOOT REAR UTILITY EASEMENT. AND SO ON. MAY THE 1ST, THE A ZONING VARIANCE APPLICATION WAS RECEIVED BY THE APPLICANT FROM THE APPLICANT. NOW, THIS NEXT POINT IS VERY INTERESTING AS TO THE MAIL OUTS AND THOSE WHO ARE IN FAVOR AND THOSE WHO ARE AGAINST. SO STAFF MAILED A NOTICE OF THIS VARIANCE REQUEST TO 56 NEIGHBORING PROPERTY OWNERS ON FRIDAY, MAY 17TH, 2024. NOW, THIS IS THE POINT WE 14 AND FAVOR 14 IN FAVOR OF GRANTING THE VARIANCES. WAS RECEIVED BY THE PLANNING DEPARTMENT. THERE WAS ONLY ONE AGAINST AND THAT ONE AGAINST. HE SAID IT JUST DIDN'T SIMPLY DIDN'T UNDERSTAND WHAT WAS TAKING PLACE. SO THAT'S WHY HE PUT AGAINST BUT 14 IN FAVOR OF HER SURROUNDING NEIGHBORS. I THINK THAT'S MAKING A STATEMENT. SO THIS PROPERTY IS A CORNER LOT WITH 57FT OF STREET FRONTAGE ALONG SOUTH RONDA STREET AND ALONG LINDSAY BOULEVARD. A PERGOLA MEASURE 17.3FT IN LENGTH AND 8.33FT WIDE AND IS TWO FEET. IF YOU SEE THIS POLE HERE, IT'S TWO FEET FROM THE REAR PROPERTY LINE CREATING AN EIGHT FOOT ENCROACHMENT INTO THE TEN FOOT REAR UTILITY EASEMENT AS IT CURRENTLY EXISTS. NOW, THE THE UNIFIED DEVELOPMENT CODE DOES ALLOW ACCESSORY STRUCTURES IN THE REAR YARD, BUT BUT NOT WITHIN UTILITY EASEMENTS. ARTICLE FIVE ALSO STATES THAT NO PERMANENT ENCROACHMENT OR ENCROACHMENT OF STRUCTURES SHOULD BE ALLOWED WITH ANY WITHIN ANY EASEMENTS. NOW WHAT WAS QUITE INTERESTING, WHAT WAS FORWARDED TO YOU BEFORE THE MEETING STARTED WAS A PICTURE OF AN EXISTING PERGOLA. A PERGOLA EXISTED AT THIS LOCATION. AND SO THE APPLICANT WAS SIMPLY JUST REPLACING WHAT WAS ALREADY THERE, LET'S SAY REPLACING A STRUCTURE THAT WAS GRANDFATHERED. [00:45:02] RIGHT? SHE WAS JUST SIMPLY REPLACING A STRUCTURE, YOU KNOW, TO HAVE IT THIS LOCATION AND ACTUALLY KIND OF BEAUTIFIES THE AREA TO BE HONEST WITH YOU. AND SO THAT'S WHY THE PERGOLA WAS BUILT. THE APPLICANT ONE ANOTHER INTERESTING THING IS THE APPLICANT HAD THE UTILITY EASEMENT SPOTTED. AND AGAIN, ON THE PACKAGE THAT YOU RECEIVED, IT SHOWED THAT THERE ARE NO ACTIVE LINES IN THAT AREA. AEP SAID NO. SPECTRUM SAID NO. THE OTHER UTILITY COMPANY SAID, NO, THERE ARE NO ACTIVE LINES WITHIN THIS TEN FOOT UTILITY EASEMENT. SO WITH THAT BEING SAID, AND YOU KNOW, STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST. HOWEVER, THE BOARD COULD TAKE INTO CONSIDERATION THE 14 NEIGHBORS IN FAVOR AND ALSO THAT THERE ARE NO ACTIVE LINES IN THIS SPACE HERE, THIS TEN FOOT UTILITY EASEMENT. AND PERHAPS SHE WOULD BE WILLING TO SIGN A HOLD HARMLESS AGREEMENT IF, IN FACT, IN THE FUTURE, ONE OF THE UTILITY COMPANIES NEED TO OCCUPY THIS SPACE. AND I BELIEVE THE APPLICANT IS HERE IF SHE WOULD LIKE TO SPEAK. DO WE HAVE MR.? OH, HI. HI. GOOD AFTERNOON. MY NAME IS ALONDRA FLORES. MY HUSBAND COULDN'T BE HERE TODAY. HE DOES WORK FOR BERT OGDEN, SO HE WASN'T ABLE TO MAKE IT. MAY I FIRST SAY THAT THE CITY OF EDINBURG IS A GREAT CITY TO LIVE IN, AND IT'S THE FIRST OPTION THAT WE PICKED WHEN WE WERE BUYING A HOUSE. SO THIS HOUSE NEEDED A LOT OF WORK. WHEN WE GOT HERE, IT HAD A LOT OF IT NEEDED A LOT OF WORK. I'LL TELL YOU ONE THING THAT AC DID NOT HAVE FILTERS FOR MAYBE OVER A YEAR. SO I HAD A LOT OF WORK INTO THE HOUSE. LIKE MR. FARLEY SAID. ALSO, MR. FARLEY, THANK YOU SO MUCH, BECAUSE HE'S BEEN ABLE TO WALK ME THROUGH ALL THE STEPS TO BE ABLE TO GET HERE. AND MR. ACEVEDO AND MR. SCIENCE FOR EDUCATING ME ON THE IMPORTANCE OF HAVING A PERMIT. I WAS ABLE TO EDUCATE A LOT OF MY NEIGHBORS BECAUSE FIRST OF ALL, THEY DIDN'T EVEN KNOW WHAT A VARIANCE WAS OR WHAT THE PAPER EVEN WAS, WHICH I WOULD SUGGEST NEXT TIME WHEN THEY DO SEND OUT MAILING TO THE NEIGHBORS, THEY SHOULD ADD MORE DETAIL INTO WHAT IS BEING DISCUSSED AT THIS MEETING, BECAUSE YOU PUT VARIANCE AND OTHER PEOPLE DON'T EVEN KNOW WHAT IT IS. SO A LOT OF PEOPLE DID THROW IT AWAY. AND I DO THINK THAT I WOULD HAVE HAD MORE SIGNATURES SHOULD THAT HAVE BEEN EXPLAINED MORE. SO THAT SHOULD BE TAKEN INTO CONSIDERATION FOR FUTURE CITY OF EDINBURGH RESIDENTS. THAT DAY I DID HAVE A CODE ENFORCEMENT OFFICER SHOW UP AT MY HOUSE, AND HE DID TELL ME TO COME AND GET A PERMIT. I CAME RIGHT BEHIND HIM TO APPLY FOR THE PERMIT. UNFORTUNATELY, I GOT DENIED, BUT AT THE TIME THE POSTS WERE STILL KIND OF FRESH, SO I WAS STILL ABLE TO MOVE THEM. I DID ASK IF I CAN CONTINUE BUILDING. I DID NOT GET A WORK STOP ORDER THAT DAY, SO I CONTINUED BUILDING. I STILL HAD THE OPTION TO MOVE IT. I WOULD REALLY APPRECIATE TO KEEP IT, YOU KNOW, BECAUSE THERE IS A VIDEO OF CODE ENFORCEMENT TELLING ME I COULD KEEP BUILDING, SO I FEEL LIKE I COULD HAVE STILL MOVED IT SOMEWHERE ELSE WHERE IT WAS APPROPRIATE. AND THERE WAS SOMETHING ALREADY THERE. THE PLANNING AND ZONING DEPARTMENT BASICALLY TOLD US THAT NOW THAT WE SEE IT, YOU KNOW, NOW IT'S BAD, BUT IT'S ALWAYS BEEN THERE. IT'S JUST THAT NOW IT'S NEW, SO IT'S NEVER BEEN AN ISSUE. AND I FEEL LIKE EVEN THOUGH I RECEIVED THE PERMIT OR DON'T RECEIVE THE PERMIT. IF A UTILITY COMPANY NEEDS TO COME BACK THERE AND ACCESS THE AREA, THEY'RE GOING TO TEAR IT DOWN NO MATTER WHAT BECAUSE THEY'RE GOING TO NEED TO ACCESS THE AREA REGARDLESS. SO THAT'S JUST MY TAKE ON THAT. THERE'S NOT REALLY MUCH I COULD SAY OTHER THAN PLEASE LET ME KEEP MY PERGOLA. AND IF THOSE PLANES ARE NOT GOOD ENOUGH FOR YOU GUYS. MY UNCLE IS BRONCO 956 SO I CAN GET YOU A MEET AND GREET. THANK YOU SO MUCH. THANK YOU. THANK YOU. DOES THE BOARD HAVE ANY QUESTIONS FOR MISS FLORES? NO, I HAVE A QUESTION FOR MRS. FLORES. ONCE AGAIN, IS THERE AN HOA IN PLAY IN THAT NEIGHBORHOOD BY CHANCE? WE DO NOT HAVE AN HOA. OKAY. AND A LOT OF MY NEIGHBORS DON'T CARE WHAT WE DO WITH OUR PROPERTIES. A LOT OF PEOPLE JUST MIND THEIR BUSINESS. AND NOBODY CALLS THE COPS ON ANYBODY. NOBODY CALLS CODE ENFORCEMENT ON ANYBODY. EVERYBODY'S JUST PRETTY MUCH IN IN HARMONY, I GUESS YOU COULD SAY, WHICH I THINK IS PRETTY RARE NOWADAYS IN OTHER PEOPLE'S NEIGHBORHOODS. SO WE'RE PRETTY WE'RE A PRETTY TIGHT KNIT COMMUNITY. MR. ARE YOU ASKING ME, IS IT MY UNDERSTANDING THAT I THINK WAS IT AUTUMN RIDGE, VIEWS OF AUTUMN RIDGE AND THEN AUTUMN RIDGE WAS TWO SEPARATE? YEAH, I THINK TWO SEPARATE PHASES OR TWO. ONE HAS AN HOA AND THE OTHER ONE DOES NOT HAVE AN HOA. I THINK SO, YES. I THINK THERE'S LIKE HALFWAY MARK. AND IT JUST AS IT BOILS DOWN TO I UNDERSTAND THAT THERE'S A LOT OF FOR THE PERGOLA. THE, THE THING IS THAT SETTING A PRECEDENT IN THE SENSE OF EVERYBODY PUT A STRUCTURE UP AGAINST FENCES. AND THEN THAT'S WHY I'M ASKING IF THERE'S AN HOA THAT COULD IT'S NOT [00:50:05] NOT IN OUR REALM, BUT TO PASS SOME SORT OF HOA RULE THAT YOU GUYS ARE ALLOWED IN THAT NEIGHBORHOOD TO DO THOSE KIND OF THINGS JUST BECAUSE YOU MAY HAVE A PERGOLA TODAY, AND THEN TOMORROW WE MIGHT GET YOUR NEIGHBOR ASKING MORE FOR, I DON'T KNOW, A STORAGE UNIT OR SOME SORT OF SHED, AND THEN IT BECOMES MORE OF A, WELL, WHY DOES HE PUT A YOU KNOW, IT'S JUST ONE OF THOSE THINGS THAT WE ALSO SEE THE, THE CODES HERE FOR, FOR LIKE, YOU KNOW, I'M SO SORRY, MR. FOLEY. DO YOU KNOW IF THERE'S AN HOA IN THIS PARTICULAR SUBDIVISION, ANYTHING THAT POPPED UP BY CHANCE? AM I UNDERSTANDING THERE IS NO HOA IN THIS SUBDIVISION? I'M SORRY. GO AHEAD. YES, I KNOW, WELL, THANKFULLY, LIKE I SAID, THERE'S NO HOA. WE MADE SURE OF THAT WHEN WE PURCHASED OUR PROPERTY. IF THERE WAS, BELIEVE ME, THERE WOULD BE A LOT OF VIOLATIONS. WELL, THERE IS A HOME RIGHT NEXT TO MY HOME THAT IT'S LIKE RIGHT ACROSS AND IT'S ON A CORNER. SO IF WE'RE GOING TO GO TO THAT INSTANCE, THAT HOME IS ALL GATED WITH A CEMENT FENCE AND THERE'S A WHOLE STRUCTURE TO THE SIDE OF THAT. SO IF THERE'S SUPPOSED TO BE NO EASEMENTS, I THINK THEY SHOULD REALLY GO. AND THAT'S A WHOLE FENCE LINE. I WISH I HAD A PICTURE. MAYBE YOU CAN GOOGLE IT OR SOMETHING, BUT THERE'S A WHOLE PROPERTY RIGHT NEXT TO MINE THAT IS FENCED IN WITH CONCRETE FENCING. SO. AND THERE AND THERE'S A LOT OF OTHER STRUCTURES RIGHT NEXT TO THE FENCE IN THAT NEIGHBORHOOD. AND, YOU KNOW, IT'S LIKE THE PLANNING SAID, BECAUSE WE SEE IT NOW, WE NEED TO DENY IT. SO IN OTHER WORDS, THEY'RE TELLING ME IF WE WOULD HAVE NEVER SAW IT, WE WOULD HAVE NEVER SAID ANYTHING. WHICH KIND OF DOESN'T MAKE SENSE. I MEAN, LIKE I SAID, THAT STRUCTURE HAS THE STRUCTURE BEFORE THAT HAS BEEN THERE FOR YEARS AND SAID HE NEVER SAID ANYTHING. I BOUGHT MY HOUSE WITH IT. SO AND I'M NOT SURE IF THE STRUCTURE BEFORE THAT HAD A PERMIT, BECAUSE I KNOW THAT THE PERMITS THAT ARE APPROVED ARE ONLY KEEP ON RECORD FOR SO MANY YEARS. SO WHAT IF IT WAS APPROVED AND IT'S NOT THERE ANYMORE ON RECORD? GOT IT. OKAY. WELL, THANK YOU SO MUCH, MR. FLORES. DO YOU HAVE ANYONE IN THE AUDIENCE TODAY TO SPEAK IN BEHALF OF THIS ITEM? ANY OTHER CONCERNS OR QUESTIONS FROM THE BOARD? ALL RIGHT. GO AHEAD. I HAVE A QUESTION FOR STAFF. DO WE KNOW WHAT STRUCTURES ARE DIRECTLY BEHIND THIS PERGOLA? NO, SIR, I DO NOT. ALL OF THESE PROPERTIES ARE FENCED IN, AND, YOU KNOW, I'M NOT GOING TO, YOU KNOW, WE YOU KNOW, WE'RE NOT GOING TO CLIMB UP OVER A FENCE AND SEE WHAT'S IN SOMEBODY'S BACKYARD, RIGHT? SO NO, I DON'T. ALL I CAN SAY IS THAT A PERGOLA DID EXIST AT THIS LOCATION. MAYBE IT'S BEEN THERE FOR YEARS. THE LADY THE APPLICANT DID HAVE THE THE UTILITY EASEMENT SPOTTED. THERE WAS NO ACTIVE LINES. AND AS FAR AS WHAT'S IN THE NEIGHBOR'S BACKYARD, YOU KNOW, THERE IS NO ALLEY TO WALK THROUGH. RIGHT. SO, NO, I DON'T KNOW WHAT'S IN THE ADJOINING NEIGHBOR'S BACKYARD, SIR. OKAY. THANK YOU. MY NEIGHBORS WERE ACTUALLY GOING TO STRUCTURE A POOL. SO THEY DO HAVE FLAGS, BUT IN FRONT OF THEIR YARD. SO THERE IS NO I BELIEVE THEY SPOTTED THEIR YARD ALSO BECAUSE THEY'RE GOING TO BE BUILDING A POOL. SO THEY DO HAVE FLAGS OUT THERE, BUT IT'S TO THE FRONT OF THE PROPERTY. SO I BELIEVE IT WOULD. IF IT WOULD HAVE BEEN FLAGGED UP, PEOPLE WOULD HAVE SAID SOMETHING BECAUSE THEY'RE NOT THAT FAR APART. ALL RIGHT. MR.. I HAVE A QUESTION FOR YOU. ARE YOU DOING ANY CONCRETE WORK FOR THE FLOORING? NO. SO YOU'RE GOING TO BE LEFT ALONE? YEAH, THAT'S GOING TO BE LEFT ALONE. I DON'T SEE A POINT IN THROWING CONCRETE BECAUSE THE SAME REASON THEY'RE GOING TO END UP TEARING IT DOWN IF THEY NEED TO ACCESS THROUGH THERE. AND I JUST FEEL LIKE IT WOULD BE A LOT DIFFICULT TO GET THIS APPROVED. I WOULD IMAGINE GETTING CONCRETE APPROVED WOULD BE EVEN HARDER. SO I DO WANT TO ADD PAVERS. I DON'T KNOW IF THAT'S AN ISSUE. WE CAN WORK WITH BRICK PAVERS BECAUSE IT'S NOT CONSIDERED A PERMANENT STRUCTURE, BUT CONCRETE WOULD NOT. HAS THERE EVER BEEN A UTILITY COMPANY THROUGH THEIR GAS OR ANYONE ELSE THAT. WELL, NO. IF YOU SEE ON THE CORNER OF THE PROPERTY, I DON'T THINK YOU CAN SEE IT, BUT THE ACTUAL SPECTRUM LINE ENDS AT THE CORNER FENCE TO THE CORNER RIGHT FENCE IS WHERE THE UTILITY LINE ENDS. SO IT'S ACTUALLY ON MY NEIGHBOR'S SIDE. ON THE RIGHT HAND SIDE OF MY NEIGHBOR, THAT'S WHERE THEIR UTILITY LINE IS. SO THEY WOULD HAVE LINES ON THAT SIDE. BUT CROSSING MY FENCE. THANK YOU. THANK YOU. I'VE GOT I'VE GOT ONE QUESTION FOR MR. FARLEY. YES, SIR. AS OF SO AS OF NOW, THE STAFF STILL STANDS AS TO DENY THE REQUEST. WELL, IT'S TO DENY IT. HOWEVER, THE BOARD CAN TAKE INTO CONSIDERATION THE 14 NEIGHBORS THAT ARE FOR IN FAVOR OF THIS. AND ALSO THE BOARD COULD CONSIDER AS WELL THAT THERE ARE NO ACTIVE LINES WITHIN THAT AREA. AND THE ONE AND THE ONE, THE SOLE AGAINST. [00:55:01] YOU SAID JUST BECAUSE JUST JUST BECAUSE THEY DIDN'T UNDERSTAND WHAT WAS GOING ON. AND YOU DO HAVE A COPY OF THAT THAT WE GAVE YOU. MR. FARLEY, THIS IS EIGHT I SEE, EIGHT FEET, SIX INCHES HIGH. ANY VIOLATION ON THAT HEIGHT OF EIGHT FEET. NO, SIR. NO VIOLATION AT ALL. IS THAT ENCLOSED? AS YOU CAN SEE. MR.. 44 SIZES. HAS THERE BEEN AN APPLICATION ALREADY FOR THIS, FOR THE PERMIT DEPARTMENT OR. WE HAVEN'T GONE THAT FAR YET? OH, NO. SHE DID APPLY FOR A BUILDING PERMIT. FOR A BUILDING PERMIT WAS NOT APPROVED BECAUSE IT'S IN A UTILITY EASEMENT. AND SO THERE'S THE REASON FOR THE VARIANCE REQUEST. OKAY. YES, SIR. AND FOR PERMITS AT WHAT POINT IS IT A STRUCTURE AND AN ACCESSORY OR MORE LIKE A PERGOLA? WELL, WE CONSIDER YEAH, WE CONSIDER A PERGOLA AN ACCESSORY. AN ACCESSORY. SO NO MATTER THE SIZE, AS LONG AS IT'S OPEN ON ALL WALLS AND. RIGHT. WE CONSIDER IT AN ACCESSORY STRUCTURE. BUT, YOU KNOW, IT IS OPEN. IT'S NOT ENCLOSED. IT'S OPEN ON ALL FOUR SIDES. AND BASICALLY SHE'S JUST REPLACING WHAT WAS THERE PREVIOUSLY, AND IS A CITY REQUESTING A WINDSTORM CERTIFICATE OR SOMETHING FOR THE FOR THIS? WELL, THAT WOULD BE FOR OUR BUILDING INSPECTION DEPARTMENT TO DETERMINE. AND I THINK WE MAY HAVE SOMEONE FROM BUILDING INSPECTION HERE. OKAY. GOOD EVENING. GOOD AFTERNOON. NATALIA VELASQUEZ, BUILDING OFFICIAL. I'M THE DIRECTOR FOR BUILDING PERMITS. AND YES, IF IT IS APPROVED FOR THE LOCATION, IT WILL BE REQUIRED IF WINDSTORM. DEPENDING ON THE SIZE OF THE OF THE STRUCTURE. PERFECT. THAT IS CORRECT. SOUNDS GOOD. ANY QUESTIONS? THANK YOU. THANK YOU, MR. NATALIA. THANK YOU. MR. FARLEY. YES, SIR. CONCERNS FROM DEPARTMENT OR. WELL, WE HAVE THE FIRE DEPARTMENT HERE. IF THEY HAVE ANY CONCERNS, THEY'RE MORE THAN WELCOME TO SPEAK. HI. GOOD EVENING AGAIN. I DIDN'T CATCH THAT QUESTION. WHAT WAS THAT? SO ANY CONCERNS WITH THIS PERGOLA BEING SO CLOSE TO THE REAR SETBACK? JUST OFF THE TOP OF MY HEAD, I JUST KNOW THAT THERE ARE SOME FIRE RATINGS THAT WOULD NEED TO BE APPLIED TO THIS STRUCTURE ONLY BECAUSE IT'S WITHIN THE DISTANCING OF THE THE LOT LINE. AND I'M NOT SURE WHAT KIND OF STRUCTURES OVER ON THE NEXT SIDE, WHETHER IT'S A SHED OR RESTROOM OR ANOTHER HOUSE. SO WE WOULD NEED A SITE PLAN. WE WOULD NEED TO SEE WHERE WE'RE WHAT WOULD APPLY AT THAT POINT IN THE PERMIT PROCESS. AND THAT WOULD APPLY AS ESPINOZA, WHETHER IT BE OPEN OR ENCLOSED. CORRECT. SAME RULES APPLY. OKAY. ANY OTHER QUESTIONS FOR ME? THANK YOU. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? CONCERNS FROM THE BOARD. ALL RIGHT. I'M GOING TO GO AHEAD AND MOVE FORWARD WITH CLOSING THIS ITEM AND ASKING THE BOARD FOR A MOTION. CAN I GET A MOTION FROM THE BOARD? I THINK IT'S A DIFFICULT ONE FOR THE FOR THIS BOARD BECAUSE UNLIKE A STRUCTURE IN FRONT OF THE HOME WHERE, YOU KNOW, FOR A CARPORT, YOU KNOW WHERE IT'S NOT UNIFORM. IN THE IN THE NEIGHBORHOOD VISIBLE. I THINK THAT CERTAINLY IS A BIG CONCERN FOR THE BOARD, OBVIOUSLY. IF I MAY ADD A COMMENT I DON'T KNOW IF IT'S STILL. I'M SO SORRY. I'M SO SORRY. HOLD ON. RIGHT NOW WE'RE ASKING FOR A MOTION. SO IF WE'RE GOING TO GO AHEAD AND OPEN IT UP, THEN I WOULD WITHDRAW THAT THAT ITEM OF US CLOSING IT. BUT MR. MEYER DID WANT ME TO REOPEN IT AT THIS TIME. WE'VE WE HAD ALREADY CLOSED THE ITEM. YEAH. NO, I WAS JUST MAKING A COMMENT BEFORE. ANY PROPOSALS? SO. OKAY. SO AT THIS TIME, WE'RE STILL KEEPING IT OPEN FOR A MOTION. A MOTION TO APPROVE REQUEST. [01:00:02] I HAVE A MOTION TO APPROVE BY MR. VAZQUEZ. I SECOND HAVE A SECOND FROM MR. MARK. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. THOSE OPPOSED? SAME SIGN. MOTION CARRIES. THANK YOU. THANK YOU. [C. Consider Variance Request to the City’s Unified Development Code Article 3, Section 3.102,] MOVING ONTO OUR NEXT ITEM, EIGHT C CONSIDER VARIANCE TO THE CITY'S UNIFIED DEVELOPMENT CODE ARTICLE THREE, SECTION 3.102 STANDARDS FOR RURAL AND RESIDENTIAL DEVELOPMENT BEING LOT 40 POST OAK SUBDIVISION, LOCATED AT 1104 HERITAGE OAKS ROAD, AS REQUESTED BY CHARLES J. AND AURORA CHAMPION. OKAY. SO THIS REQUEST IS FOR A CARPORT IN THE PICTURE HERE. THIS CARPORT THAT WAS BUILT. SO THE APPLICANT IS REQUESTING A VARIANCE ARTICLE THREE, AS IT APPLIES TO ACCESSORY STRUCTURES FOR SINGLE FAMILY RESIDENTIAL USES. THE APPLICANT IS REQUESTING A 25 FOOT ENCROACHMENT FOR A CARPORT AND TO THE REQUIRED FRONT YARD SETBACK. NOW, THE UNIFIED DEVELOPMENT CODE UNDER SPECIAL ALLOWANCES DOES ALLOW A TEN FOOT ENCROACHMENT OR PROJECTION INTO THE REQUIRED FRONT YARD. THE APPLICANT DESIRES A VARIANCE TO KEEP A CARPORT BUILT WITH APPROXIMATELY ZERO FOOT FRONT SETBACK. SO THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF HERITAGE OAK STREET ON A CUL DE SAC, AND IS PRESENTLY ZONED RESIDENTIAL PRIMARY DISTRICT WITH A RECORDED PLAT NOTE OF 25 FOOT FRONT SETBACK. ADJACENT ZONING IS RESIDENTIAL PRIMARY IN ALL DIRECTION AND SURROUNDING LAND USES ARE SINGLE FAMILY RESIDENTIAL USES IN ALL DIRECTIONS. NOW IT'S VERY IMPORTANT AS WE MOVE FORWARD. IT'S VERY IMPORTANT THAT WE PAY ATTENTION AGAIN TO THE DATES OF EVENTS THAT THINGS HAPPEN IN REFERENCE TO THIS CARPORT. SO THIS PROPERTY. SO ON JULY THE 14TH 2023, THE APPLICANT APPLIED FOR A BUILDING PERMIT FOR CARPORT THAT MEASURES 25FT BY 20FT. OKAY. THE PERMIT WAS NOT ISSUED, BUT WAS APPROVED BY THE BUILDING DEPARTMENT. SO WHAT BUILDING APPROVED WAS ONLY THE REVIEW OF THE PLAN ITSELF. NOT NECESSARILY ANY INSPECTIONS. OKAY. SO THE PLANNING DEPARTMENT DID NOT APPROVE THE PERMIT DUE TO THE FRONT YARD SETBACK, ENCROACHMENT. HOWEVER, THE CARPORT WAS BUILT WITH A MISUNDERSTANDING. AND THE MISUNDERSTANDING WAS THE APPLICANT THOUGHT THAT THEY ONLY NEEDED APPROVAL FROM THE BUILDING DEPARTMENT. SO ON AUGUST THE 23RD, ALMOST, YOU KNOW, GETTING CLOSE TO A YEAR, CODE ENFORCEMENT POSTED A STOP WORK ORDER FOR THE CARPORT. BUILT WITHOUT A PERMIT. THEREAFTER, THERE WAS A LOT OF DISCUSSION THAT WENT ON BETWEEN THE APPLICANT AND CITY STAFF AS TO THE APPROVAL OR THE DENIAL OF THE CARPORT. HOWEVER, HOWEVER, ON APRIL THE 30TH, 2024, PLANNING STAFF PERFORMED AN ON SITE INSPECTION AND STAFF DISCOVERED THAT THE CARPORT ENCROACHES APPROXIMATELY 25FT INTO THE FRONT SETBACK. PLANNING STAFF MET WITH THE APPLICANT ON MAY 2ND, 2024, AND A ZONING VARIANCE APPLICATION WAS RECEIVED SO STAFF MAILED NOTICES OF THIS VARIANCE REQUEST TO 56 PROPERTY OWNERS ON FRIDAY, MAY THE 17TH, 2024. NOW WE HAVE RECEIVED TWO IN FAVOR, TWO NEIGHBORS IN FAVOR OF THIS CARPORT, AND THERE WAS THREE AGAINST THE CARPORT. AND THE ONES THAT WERE AGAINST HAD TO DO WITH THE STRUCTURAL, THE STRUCTURAL OF THE CARPORT. OKAY. NOT WITH THE PLACEMENT OF IT. SO THEREFORE, ON THE ANALYSIS OF IT, THIS PROPERTY AGAIN IS LOCATED ON A CUL DE SAC. AND THE PLACEMENT OF THE CARPORT IS IN FRONT OF THE GARAGE. THE PRINCIPAL STRUCTURE CARPORT MEASURES 25FT BY 20FT, ENCROACHES APPROXIMATELY 25FT INTO THE FRONT SETBACK. HERE AGAIN, ARTICLE THREE, UNDER SPECIAL ALLOWANCES, DICTATES THAT CARPORTS MAY ENCROACH INTO A FRONT SETBACK SETBACK BY A MAXIMUM OF TEN FEET. NOW THIS IS WHERE IT GETS INTERESTING. THE APPLICANT STATES THAT THE CARPORT IS NECESSARY. WHY IS THE CARPORT? WHY IS THIS CARPORT NECESSARY? BECAUSE THE OWNER IS A DISABLED US VETERAN. I THINK WE SHOULD PAUSE RIGHT THERE. MR. CHAMPION, AS A SON OF A UNITED STATES MARINE AND WITH FOUR RELATIVES ON THAT VIETNAM WALL, WE SALUTE YOU. AND WE THANK YOU FOR YOUR SERVICE, SIR. [01:05:02] SO ALSO THE CHAMPIONS. THE CHAMPIONS. THEY THEY SHOWED A LETTER THAT THERE IS A MEDICAL HARDSHIP IN THIS CASE FOR OUR UNITED STATES DISABLED VETERAN. AND SO BASED ON THAT STAFF RECOMMENDS APPROVAL OF THE VARIANCE REQUEST. NOW, IF APPROVED, THE APPLICANT WOULD NEED TO COMPLY WITH ALL OTHER REQUIREMENTS, BUILDING DEPARTMENT AND SO FORTH, AND PAY A $40 FEE. I BELIEVE IT'S A $39 FEE NOW IN ORDER TO HAVE THE VARIANCE RECORDED. OKAY. THANK YOU, MR. FARLEY. DID MR. CHARLES OR MR. CHAMPION WANT TO SPEAK ON BEHALF OF THE ITEM? FIRST OF ALL, LET ME SAY THAT I DID FILL OUT THE APPLICATION. BIG FAVOR. DO YOU MIND STATING YOUR NAME? MY NAME IS AURORA CHAMPION. I'VE LIVED IN EDINBURGH FOR IN MY HOUSE FOR 39 YEARS. MY HUSBAND AND I HAVE A COMBINED 62 YEARS OF SERVICE TO THE EDINBURGH SCHOOL DISTRICT. WE ARE BOTH IN OUR 70S. MY HUSBAND IS A DISABLED VETERAN. WHEN WE FIRST WHEN I FIRST APPLIED FOR THIS CARPORT TO BE BUILT, WE THEN GOT A NO. THEN THE CODE ENFORCEMENT OFFICER, WHO'S NO LONGER A CODE ENFORCEMENT OFFICER, WAS NEVER CERTIFIED IN TO BEGIN WITH, HAS BEEN MOVED TO ANOTHER DEPARTMENT. WE'VE NEVER MET HIM. NEVER EVEN SAW HIM RING THE DOORBELL OR SOMETHING. OKAY. WE. WE THREW OUT THE IDEA OF BUILDING THE CARPORT UNTIL MY HUSBAND HAD AN EPISODE, AND AN AMBULANCE HAD TO COME AND TAKE HIM. SO THEREFORE, FOR HIS HEALTH, WE WENT AHEAD AND BUILT IT. REPERCUSSIONS COME AS THEY MIGHT. WHAT IS MORE IMPORTANT A LIFE? A CARPORT? HE NEEDS IT FOR PROTECTION FROM THE ELEMENTS. OR PROTECTION FROM THE SUN BECAUSE OF WHAT HIS DISABILITY IS. WE DO HAVE A MEDICAL LETTER. AND TO CLARIFY, THIS BUILDING PERMIT NEVER SAID ANYTHING ABOUT PLANNING AND ZONING APPROVAL. AS A CITIZEN OF EDINBURGH FOR 39 YEARS AND A TEACHER FOR 33 OF THOSE 39 YEARS, I NEVER KNEW THAT THERE WAS A UNIFIED DEVELOPMENT CODE. WE'VE NEVER AS CITIZENS, WE'VE NEVER BEEN EDUCATED, THAT THERE'S A UNIFIED DEVELOPMENT CODE. GRANTED, MY DAUGHTER IS A CODE ENFORCEMENT OFFICER. MY SON IS A TEXAS DEPARTMENT OF PUBLIC SAFETY TROOPER. WE HAVE TO FOLLOW THE LAW. I MEAN, HOW ELSE THE EXAMPLE PARENTS ARE THE EXAMPLES FOR OUR KIDS. SO I DID MY DUE DILIGENCE. DOES IT SAY ANYWHERE PLANNING AND ZONING HAS TO APPROVE? DOES IT SAY ANYWHERE THAT THERE'S A UNIFIED DEVELOPMENT CODE? NO. EDUCATE THE PEOPLE. EDUCATE THE CITIZENS THAT THERE'S A UNIFIED DEVELOPMENT CODE. BY GOLLY, IT COME OUT ON THE TV CHANNEL EVERY MONTH, EVERY OTHER WEEK OR WHATEVER AND SAY THIS IS PART OF UNIFIED DEVELOPMENT CODE. YOU CAN DO THIS. SO WE TOOK IT UPON OURSELVES TO GO IN OUR NEIGHBORHOOD TO THERE'S OTHER PEOPLE THAT HAVE CARPORTS. I RANG THE DOORBELL AND I ASKED, DID YOU GET A PERMIT FOR THIS? NO. A LOT OF BUILDINGS, AS YOU KNOW, ARE BUILT WITHOUT A PERMIT BECAUSE NOBODY WANTS TO GO THROUGH THE HASSLE OF BEING UP HERE. BUT THOSE OF US THAT FOLLOW THE RULES, WE GET PUNISHED. I HAVE TALKED TO MR. OCHOA ON NUMEROUS OCCASIONS. WE'VE BEEN TO MUNICIPAL COURT FOUR TIMES. THE FIRST TIME WE WENT, THE JUDGE DISMISSED IT AND THEN WE MET WITH. THEN AGAIN WE WERE SUMMONED. WE MET WITH MR. OCHOA, WHO DID NOT HAVE ANY OF THE PAPERWORK, BECAUSE HE WAS TELLING ME WE NEEDED TO APPLY. I HAD AN APPLICATION FILLED OUT. I HAD TO SHOW IT TO HIM BECAUSE NOBODY GAVE HIM ANY PREPARATION. WE'VE MET WITH MR. OCHOA AGAIN BECAUSE WE GOT CITED. WE GOT SUMMONED TO GO TO MUNICIPAL COURT AGAIN. I MEAN, I THINK WE'VE BECOME BEST BUDDIES, RIGHT? MR. ALMOST LIKE BEST BUDS WE HAVE DISCUSSED. WE WERE WAITING FOR CITY COUNCIL TO MAKE SOME TYPE OF AMENDMENT. CITY COUNCIL DIDN'T. OUR ELECTED OFFICIALS FAILED TO HELP US, YOU KNOW. I KNOW THAT YOU ALL ARE ON THIS COMMITTEE. HOPEFULLY YOU ALL WILL TURN ON THE LIGHT ON THIS UNIFIED DEVELOPMENT CODE AND ALL OF THIS SO THAT AS CITIZENS, WE CAN COME TO YOU OR COME TO THE CITY OR PLANNING AND ZONING, BUT WITH THE KNOWLEDGE OF WHAT WE'RE UP AGAINST. BUT NOBODY EVER SAID NOBODY EVER GOT. I CALLED PLANNING AND ZONING BEFORE I STARTED SO I COULD GET A GUIDE. I GOT A GUIDE. I DID ALL THE PAPERWORK. AND THEN I WAS TOLD, YOU KNOW, WE CAN TAKE YOU TO DISTRICT COURT. IS THAT WHAT I'M SUPPOSED TO BE DOING? GOING TO DISTRICT COURT FOR A CARPORT. WELL, THE HEALTH OF MY HUSBAND IS MORE IMPORTANT. I THANK YOU FOR YOUR TIME, AND HOPEFULLY YOU APPROVE. THANK YOU. ANY QUESTIONS FOR MRS. [01:10:03] CHAMPION OR MR. CHAMPION FROM THE BOARD? JUST TO CLARIFY, ON THE RECOMMENDED, YOU SAID IT WAS A RECOMMENDED APPROVAL. YES, SIR. WE ARE RECOMMENDING APPROVAL. IF YOU RECALL, A COUPLE WEEKS AGO WE HAD A VERY SIMILAR CASE WHERE ONE HAD A MEDICAL SITUATION AND THAT ONE WAS APPROVED. AND SO BASED ON THAT, BASED ON THE LETTER THAT WE THAT WE RECEIVED, OF COURSE, HIPAA LAW WILL NOT ALLOW US TO GO FORWARD WITH THE MEDICAL CONDITION. BUT YES, WE'RE RECOMMENDING APPROVAL UNDER PACKAGE. IT SAYS STAFF RECOMMENDS DISAPPROVAL. YES, BUT WE DIDN'T HAVE THE LETTER AT THAT PARTICULAR TIME. OH I SEE. YES, SIR. I JUST WANTED TO CLARIFY THAT. THANK YOU. AND JUST TO VERIFY, THE BUILDING DEPARTMENT DID INSPECT OR DID THE BUILDING INSPECTION DEPARTMENT APPROVED IT? IN THE PLAN REVIEW PROCESS, THEY STILL WOULD NEED TO. AND AS YOU CAN SEE, IT SAID IF APPROVED, IT WOULD NEED TO THE APPLICANT WOULD NEED TO COMPLY WITH ALL OTHER REQUIREMENTS, INCLUDING INSPECTIONS AND SO FORTH. SO IT WILL STILL GO THROUGH THE INSPECTION AFTERWARDS. YES, SIR. THAT IS CORRECT. I SEE THAT THE CONCERN OF THE CITIZENS IS JUST THAT THE WAY IT WAS BUILT IS REALLY NOT THE WELL, THEY, YOU KNOW, PHYSICALLY LOOKING AT IT AS THEIR VIEWPOINT. RIGHT. BUT WE HAVE VERY GOOD, KNOWLEDGEABLE TALENT INSPECTORS, AND THEY KNOW HOW THEY KNOW WHAT THEY'RE LOOKING AT AND HOW TO DO THEIR JOB. THANK YOU. YES, SIR. OKAY. I HAVE SOME COMMENTS FOR STAFF. YES, SIR. GO AHEAD. SO WE'RE SEEING THIS A LOT MORE OFTEN NOW. AND I UNDERSTAND THAT. I KNOW THE LAST ONE WE HAD WAS ALSO FOR MEDICAL CONDITIONS. YES, SIR. THAT'S CORRECT. BUT WE GO BACK TO THE SAFETY OF IT. YOU KNOW, I KNOW THE CONCERN OF SOME OF THE CITIZENS BECAUSE WE, LIKE I REPEATED LAST TIME WHEN THE HIGH WINDS CAME AROUND LAST YEAR OR SO, WE SAW A BUNCH OF CARPORTS KNOCKED DOWN, TILTED OVER. IT BECOMES A SAFETY CONCERN. I, I UNDERSTAND WHY WHERE CITIZENS ARE DOING, YOU KNOW, CARPORTS AND THINGS LIKE THAT. I JUST FEEL THAT MAYBE I DON'T KNOW WHAT REGULATIONS MIGHT BE. WELL, HERE, HERE AGAIN, IF YOU NOTICE, IT SAYS IF APPROVED, IT WOULD HAVE TO MEET ALL OTHER CITY REQUIREMENTS. AND PART OF THAT WOULD BE MEETING THE CITY'S BUILDING INSPECTION REQUIREMENTS. THEY WOULD GO OUT AND DO AN INSPECTION OF THE CARPORT. AND IF IT DOES REQUIRE WINDSTORM DESIGN, THEN HERE AGAIN, THAT REQUIREMENT WOULD NEED TO BE MET AS WELL. OKAY. AND GOING BACK TO YOU, MRS. CHAMPION. FIRST OF ALL, THANK YOU FOR BEING A TEACHER HERE IN OUR GREAT CITY FOR MANY YEARS. I REMEMBER YOU, I WENT TO SCHOOL HERE IN EDINBURGH ALSO. IT JUST BECOMES MORE LIKE YOU SAID. I WENT TO MY NEIGHBOR'S HOUSE. THEY SAID THEY DIDN'T HAVE A PERMIT. YOUR DAUGHTER'S A CODE ENFORCEMENT OFFICER, AND SHE PROBABLY TALKS TO YOU LIKE MOM. WE'VE BEEN SEEING A LOT OF THESE CASES. WE'VE BEEN OUT THERE MORE OFTEN. WE HEAR IT FROM PLANNING AND ZONING DEPARTMENT THAT, YOU KNOW, WE'RE. BECAUSE WE ARE SEEING MORE CASES HERE IN FRONT OF US RIGHT NOW ABOUT THE APPROVAL OF THESE VARIANCES FOR CARPORTS. AND LIKE I TELL SOME OF OUR CITIZENS, SOME PEOPLE DO IT FOR THE NECESSITY OF IT, AND THEN YOU HAVE OTHERS THAT WOULD DO IT MORE FOR THE STRUCTURAL. OR YOU KNOW WHAT? WHAT WORRIES US OR WORRIES ME, I GUESS WOULD SAY WE WE SEE A STRUCTURE LIKE THIS TODAY, BUT WHAT WHAT KEEPS IT FROM US APPROVING. AND THEN TOMORROW WE SEE A SECOND STORY, YOU KNOW, STORAGE SHED OVER IT OR, YOU KNOW, OF COURSE YOU'RE SAYING IT MIGHT NOT HAPPEN, BUT MAYBE YOUR NEIGHBOR MIGHT DO IT BECAUSE HE SAID, WELL, THEY ALREADY APPROVED THE STRUCTURE. I'M GOING TO BUILD UP. SO IT BECOMES A THIN LINE OF OF, YOU KNOW, WHERE DO WE STAND AS A CITY IN THE SENSE OF EDUCATING OUR, OUR CITIZENS WHAT NEEDS TO BE DONE. YOU WANT A CARPORT? THESE ARE THE THE MEANS TO GO BY APPROVAL PROCESS, PERMIT PROCESS. AND OUR PERMIT DEPARTMENT HERE IN THE CITY OF EDINBURGH, I'VE NOTICED THAT EVERYBODY'S VERY ACTIVE WHERE THEY'RE ALWAYS ON TOP OF ALL THE SUBJECT GOING ON. AND AS A CITIZEN, YOU'RE SAYING IT'S A LITTLE BIT COMPLICATED TO GO THROUGH THE PROCESS. AND I SEE IT MORE OF IT'S NOT THAT MUCH. IT'S MORE OF A TWO PAGE APPLICATION. AND WE GET IT GOING AND GOING FORWARD WITH IT. AND IT'S IT'S SOMETHING THAT WE'RE SEEING MORE, MORE, MORE OF. YES. FOR A CITIZEN LIKE ME THAT WE'VE NEVER HAD BEFORE, I'M TOLD MISSUS CHAMPION, MRS CHAMPION. DO YOU MIND COMING UP, PLEASE? THANK YOU. THANK YOU FOR SENTENCING. LIKE ME. THAT FOLLOWED THE RULES AND DID THE APPLICATION. I HAD NO IDEA. LIKE I SAID, UNIFIED DEVELOPMENT CODE. IT WAS THROWN AT ME. IF I HAD KNOWN, I TOLD MR. [01:15:01] OCHOA THAT MY SON IS A DPS TROOPER. EVERY YEAR HE GIVES ME HIS LAW BOOK. OKAY. ON THAT, I HAVE IT HERE. IF THERE. IF THERE WAS A MANUAL LIKE THIS OF THE TEXAS PENAL CODE AND AND TRAFFIC LAW MANUAL. SORRY. I WOULD HAVE READ IT. AS YOU CAN SEE, I HAVE. I LIVE IN, I LIVE IN A CUL DE SAC. PEOPLE PARK. WRONG. DO I CALL THE POLICE BECAUSE I CAN'T GET OUT OF MY DRIVEWAY? OF COURSE YOU WOULD TO HAVE IF IN CASE OF AN EMERGENCY. AND THEY NEED TO COME IN AND PEOPLE ARE PARKED WRONG. THE LIFE OR THE VEHICLE? THAT'S IN MY WAY. THE AMBULANCE IS WHERE? THE FIRE DEPARTMENT'S WAY. PUT IT OUT THERE. TEACH US. JUST LIKE THIS. YOU KNOW, CODE BOOK FOR THE LAWS AND TRAFFIC. AND WE WILL READ OR WE WILL LEARN. I'VE CALLED THE PD SEVERAL TIMES ON THE PARKING SITUATION WHERE THEY BLOCK US. THEY HAVE NO CLUE WHAT THE TRAFFIC CONTROL IS. I HAVE TO BRING OUT THE BOOK AND SHOW IT TO THEM. THAT IS UNFAIR. THANK YOU. ANY QUESTIONS FROM THE BOARD? JUST REAL QUICK. YES, SIR. NO UTILITIES IN FRONT. IT'S ON TOP OF ANYTHING. NO, SIR. NO, SIR. CORRECT. SHE'S NOT ON TOP OF ANY UTILITIES. THANK YOU. OKAY. ANY OTHER QUESTIONS? COMMENTS? NO. DID SOMEONE GOING TO GO AHEAD AND CLOSE THIS ITEM AND ASK THE BOARD FOR A MOTION? A MOTION TO APPROVE THE REQUEST, GIVEN THE HARDSHIP AND GIVEN STAFF'S RECOMMENDATION OF APPROVAL. SECOND. A MOTION FOR APPROVAL FROM MR. CANTU. I HAVE A SECOND FOR MR. GONZALEZ. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. [D. Consider Variance Request to the City’s Unified Development Code Article 3, Section 3.102,] ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. MOVING ON TO OUR NEXT AGENDA. ITEM EIGHT D CONSIDER VARIANCE REQUEST TO THE CITY'S UNIFIED DEVELOPMENT CODE, ARTICLE THREE, SECTION 3.102 STANDARDS FOR RURAL AND RESIDENTIAL DEVELOPMENT BEING LOT 73 SILVERSTONE HEIGHTS SUBDIVISION, LOCATED AT 2512 NORTH GUYTON AVENUE, AS REQUESTED BY CECILIA HARO ON BEHALF OF SILVERBACK INVESTMENT GROUP, LLC. OKAY, SO THIS IS ONE OF OUR NEWEST SUBDIVISION. PLUTO WOULD LIKE TO THANK OUR SUBDIVISION CREW FOR WORKING HARD. I THINK WE HAVE ONE MEMBER HERE, MARLON, WITH US, AND WE HAVE ENGINEERING. THEY WORKED HARD TO GET THIS SUBDIVISION APPROVED AND RECORDED. I'D LIKE TO THANK THEM FOR ALL OF THEIR HARD WORK IN THIS PARTICULAR CASE. SO THIS APPLICANT IS REQUESTING A VARIANCE TO THE UNIFIED DEVELOPMENT CODE ARTICLE THREE, AS IT APPLIES TO SETBACKS FOR AS IT APPLIES TO BUILDING STANDARDS, THE APPLICANT IS REQUESTING A TEN FOOT REDUCTION OF THE 20 FOOT REAR SETBACK. SO BASICALLY, INSTEAD OF A 20 FOOT REAR SETBACK, THEY'RE ASKING 14. THIS PROPERTY IS LOCATED ON THE EAST SIDE OF NORTH GUYTON AVENUE AND THE INTERSECTION OF SOUTH SIDE OF LA CIENEGA DRIVE, AND IS PRESENTLY ZONED RESIDENTIAL PRIMARY DISTRICT. DISTRICT WITH A RECORDED PLAT NOTE OF 20 FOOT REAR SETBACK. ADJACENT ZONING IS RESIDENTIAL PRIMARY DISTRICT IN ALL DIRECTIONS. THIS PROPERTY IS PART OF SILVERSTONE HEIGHTS SUBDIVISION. HERE AGAIN, ONE OF OUR NEWEST SUBDIVISION THAT WE JUST GOT RECORDED THAT WAS RECORDED ON JANUARY 24TH, 2024. SILVERSTONE HEIGHTS SUBDIVISION HAS THE FOLLOWING MINIMUM BUILDING SETBACKS 20FT IN THE FRONT, SIX ON THE SIDE, 20IN THE REAR AND CORNER SIDE TEN OR EASEMENT, WHICH IS GREATER IN THIS PARTICULAR CASE. THERE IS A 15 FOOT UTILITY EASEMENT ON THE CORNER, SO IT WOULD HAVE TO MEET THAT 15 FOOT UTILITY EASEMENT SETBACK. THE APPLICANT IS PROPOSING A NEW SINGLE FAMILY RESIDENTIAL HOME AT THIS LOCATION WITH A TEN FOOT REAR YARD SETBACK. THE APPLICANT SUBMITTED A ZONING VARIANCE APPLICATION ON MAY THE 6TH, 2024. OF COURSE, THIS BEING A NEW SUBDIVISION AND NOT MANY LOTS BEING OCCUPIED, THERE WAS NO THERE WAS NO ONE IN FAVOR OR AGAINST GRANTING THE VARIANCE. SO THIS PROPERTY IS AN IRREGULAR SHAPED CORNER LOT. NOW, IN ORDER TO MAXIMIZE THE BUILDABLE AREA OF THE LOT, THE APPLICANT SUBMITTED A SITE PLAN SHOWING THE PRIMARY ENTRANCE OF LA CIENEGA DRIVE. [01:20:03] THE FLOOR PLAN FOR THIS PROJECT OUTLINES A SINGLE STORY RESIDENCE WITH A TOTAL LIVING AREA OF A LITTLE OVER 1600 SQUARE FEET. AND ACCORDING TO THE SITE PLAN PROVIDED. LET'S SEE. HERE'S THE SITE PLAN THAT WAS PROVIDED. THE STRUCTURE WILL MEET ALL THE REQUIREMENTS OF ALL THE SETBACKS, INCLUDING THE CORNER WHICH ARE PACKET THAT WE GAVE YOU BEFORE THE MEETING STARTED, THE APPLICANT ACTUALLY SUBMITTED A NEW SITE PLAN IN ORDER TO MEET THE 15 FOOT CORNER SETBACK THAT IS REQUIRED DUE TO THAT EASEMENT, SO ALL THE SETBACKS WOULD BE MET. THE APPLICANT IS PROPOSING A TEN FOOT REAR YARD SETBACK. HOWEVER, THE UNIFIED DEVELOPMENT CODE SECTION THREE STATES THAT FOR RESIDENTIAL PRIMARY DISTRICT ZONED PROPERTY THE MINIMUM SETBACK IS 20FT IN THE REAR. SO THIS DEVELOPMENT RIGHT NOW IS IN ITS DESIGN STAGE, AND THE PROPOSED TEN FOOT REAR SETBACK DOES NOT CORRESPOND WITH OTHER PROPERTIES THAT HAVE BEEN PERMITTED IN THIS SUBDIVISION. SO BECAUSE IT'S IN THE DESIGN STAGE, STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST, AND IF APPROVED, THE APPLICANT WOULD NEED TO COMPLY WITH ALL OTHER REQUIREMENTS DURING THE PERMITTING PROCESS. ALSO, THEY WOULD HAVE TO PAY FOR THE RECORDING OF THE ZBA ORDER IF IT IS APPROVED. THANK YOU SO MUCH, MR. FARLEY. DO WE HAVE MISS CECILIA HUDDLE? WOULD YOU LIKE TO SPEAK IN BEHALF OF INVESTMENT GROUP? OKAY. GREAT. THANK YOU. AS YOU NOTE ON THOSE PLANS, THERE IS A FIFTH. THERE IS AN EASEMENT, AND IT MEETS ALL THE SETBACKS. THE ARCHITECT I SPOKE TO THE TO THE DEVELOPER, THEY WENT BACK TO THE DRAWING BOARD. THEY REDID THEIR PLANS AND IT MEETS THAT 15 FOOT CORNER SETBACK. SO THE WAY IS SUBMITTED ON THE SITE PLAN, IT WOULD WORK. WE HAVE A QUESTION, IF YOU DON'T MIND, PLEASE. COMING UP TO. AND YOU CAN DO ME A BIG FAVOR. YOU CAN STATE YOUR NAME FOR THE RECORD. CECILIA, THANK YOU SO MUCH. DO YOU WANT TO ASK MR.. DO YOU HAVE A QUESTION? SO FROM THE PLAN THAT WAS SUBMITTED THAT WE HAVE ON OUR SCREENS TO THIS PLAN, WE WENT FROM 10FT TO 15FT. YES. THAT WAS REQUIRED FOR THEM TO BE AT 15FT, BECAUSE NOT ONLY DOES THE CITY REQUIRE TEN FOOT SETBACK, BUT THERE IS A FIVE FOOT UTILITY EASEMENT THERE THAT MAKES IT A TOTAL OF 15FT. SO THAT'S WHY THEY HAD TO GO TO 15FT. SO NOW THE VARIANCE IS A FIVE FOOT VARIANCE. WELL NO NO NO THE VARIANCE IS IT REMAINS TO FIVE. BUT THEY NEED THE FIVE FOOT. NO I THINK FRED IS TALKING ABOUT THE CORNER SITE. THE CORNER SITE ON THE ON THE CORNER STREET THE PLAT OR THE SITE PLAN SHOWS IT AT 12.5 AND IT SHOULD BE AT 15, BUT THEY HAVE AGREED TO MOVE IT OVER TO COMPLY WITH THAT SIDE SETBACK. SO THE ONLY THING WE'RE CONSIDERING HERE IS THE REAR SETBACK INSTEAD OF 20. THEY WANT TO BE AT TEN. BECAUSE YOU'RE LOOKING AT. LA CASA PERO DE ATRAS ES DONDE ESTAMOS PIDIENDO EL BARRIO. AND USTED ES LA DESARROLLADOR DEL PROYECTO OKAY. ENTONCES ESO SE VA A SER PARA TODOS LOS NINOS. TENEMOS. UN POQUITO MAS CHICAS NADA MAS COMO ESQUINA TIENE DIFERENTES MEDIDAS. ENTONCES LA ENTRADA. ASI ESTOY VIENDO AQUI EL PLANO ES PARA EL LADO VERDAD. CUANDO ESTABA REGISTRANDO LA SUBDIVISION. NO. FUERON DIAS EN EL PROCESO DE ESTABA HABIAMOS PEDIDO PARA ESTABA EN EL FRONT SETBACK DE VEINTICINCO Y NOSOTROS. TENGO UNA COPIA DEL PLATA CON. CON. ESTE Y LO VOY A HACER. PERO CUANDO NOS VEMOS. AQUI EN. [01:25:03] TODAS LAS FORMAS DE TODO. PARA UN INDIVIDUAL. PORQUE AQUI ES EN LA MEJOR. MUCHA GENTE VA A QUERER ESTE HACER LO MISMO VERDAD. ESTE SOMOS LOS PRIMEROS ESTAMOS PIDIENDO ESTO SI. PERO TAMBIÉN OTROS OTROS AHI. SO TAMBIÉN A LO MEJOR. PARA LOS DE LAS ESQUINAS DEMASIADO. PORQUE ES BUENO. FOR ALL IT'S 20 FOR ALL THE LOTS RIGHT. FOR FOR WHETHER IT'S CORNER OR SO IT DOESN'T REALLY MATTER. OKAY. SO IT'S THE DEVELOPER THAT'S ASKING FOR THIS REQUEST. YEAH. OKAY. YEAH. AND IS IT JUST FOR THIS PARTICULAR LOT OR IS IT WILL YOU BE REQUESTING MORE. THIS, THIS AGENDA IS ONLY FOR THIS PARTICULAR LOT. WILL THERE BE MORE REQUESTS COMING IN. YEAH. THAT WAS MY QUESTION. PERO ENTONCES HACER UNA DE DOS DE DOS PASSOS. BECAUSE I CAN'T AMEND. IT'S ALREADY BEEN RECORDED. YEAH, THEY WOULD HAVE TO AMEND IT. ANY OTHER QUESTIONS FROM THE BOARD? GO AHEAD. MR.. POCO MAS. ES EL CUAL ES EL SETBACK PORQUE ESTAMOS VIENDO LA SUBDIVISION. PERO PERO CON EL PLANO PARA VER SI PODEMOS ESTOY VIENDO ESTO. ESTAMOS. AQUI PARA EL GARAJE. ENTONCES AQUI LO TENEMOS EN EL LADO. ES LA ESQUINA. OKAY. EXCUSE ME. I JUST WANT TO BRING SOMETHING OUT SO THE GARAGE CAN BE AT 18. OKAY. AND SO WE SEE HERE THE GARAGE IS AT 20FT. 20. YEAH. SO YOU HAVE TWO ANOTHER TWO FEET. THERE'S A COUPLE MORE FEET THERE. NOW THERE ARE OTHER SUBDIVISIONS THAT HAVE BEEN RECORDED THAT ONLY HAS A TEN FOOT REAR SETBACK. YEAH. THIS IS A BRAND NEW DEVELOPMENT, RIGHT? SO I FEEL THAT THERE'S STILL PLENTY OF SPACE TO GROW IT SIDEWAYS WITH OTHER SETBACKS. THAT'S JUST MY PERSONAL OPINION. I KNOW CORNER LOTS ARE VERY TRICKY. THERE ARE DIFFERENT SETBACKS, BUT I THINK WITH THE 18 IN THE FRONT AND YOU STILL HAVE, I SEE HERE SEVEN FEET ON ONE SIDE AND THEN YOU KNOW, TWO, THREE FEET ON THE OTHER SIDE. SO THAT'S KIND OF MY, MY WAY OF LOOKING AT IT. I THINK ALSO TO ADD TO GREG'S COMMENTS, BEING THAT THIS IS ONE OF THE FIRST HOUSES TO BE BUILT, AND IF WE GRANT THE VARIANCE NOW WE'RE SETTING A PRECEDENCE FOR FOR THE REST OF THE LOT. WELL, YOU HAVE TO KEEP IN MIND THIS IS A CORNER LOT AND CORNER LOTS ARE A LITTLE BIT DIFFERENT. THEY'RE IRREGULARLY SHAPED. THEY'RE NOT AN INTERIOR LOT WHEREAS A SQUARE OR RECTANGLE RIGHT. SO CORNER LOTS YOU KNOW ARE A LITTLE BIT DIFFERENT RIGHT. SO IT'S ONLY ON ONE SIDE THOUGH RIGHT. I MEAN THEY TEND TO BE ALSO WIDER FOR MOST SUBDIVISIONS THAT WE'VE SEEN. THEY TEND TO LOTS TEND TO BE WIDER FOR THOSE PARTICULAR LOTS. AND REALLY THE ONLY DIFFERENCE THERE WOULD BE FROM THE OTHER LOTS WOULD BE THE TEN FOOT ON THE SIDE. RIGHT. WELL, THE OTHER LOT LET'S SAY THE YES TEN FEET. IT'S ONLY TEN ON THE SIDE, SO ONLY TEN. THE ONLY DIFFERENCE HERE THAT WE'RE LOOKING AT BASED ON THE OTHER LOTS WOULD BE ABOUT FOUR FEET, RIGHT. YES, SIR. OKAY. OKAY. 2021 2021. WHAT WAS THE STAFF'S RECOMMENDATION ON THIS AGAIN? WELL, A STAFF'S RECOMMENDATION WAS FOR DENIAL. HOWEVER, TAKING, YOU KNOW, THE BOARD COULD TAKE INTO CONSIDERATION THAT IT'S A CORNER LOT. RIGHT. AND IT WOULD ALLOW THE APPLICANT TO MAXIMIZE THE BUILDABLE THE BUILDABLE AREA BASED ON THE HARDSHIP CASE OF THE LOT SHAPE OR THE LOT CONFIGURATION. WE USE THE WORD HARDSHIP A LOT. YES, SIR. ALL RIGHT. I HAVE ANOTHER QUESTION, IF YOU DON'T MIND, PLEASE. APPROACHING. JUST BASED ON THE COMMENTS HERE INTERNALLY YOU'RE OBVIOUSLY ASKING TO GO TO THE TEN IF THERE ARE ANOTHER NUMBER, [01:30:01] CONSIDERING THAT YOU DO HAVE SOME ROOM IN THE FRONT AND SOME ON THE SIDE OF JUST MAYBE CHANGING THAT PLAN, AND THEN SOME WERE TRYING TO MEET IN THE MIDDLE, IF THAT'S SOMETHING THAT HAS BEEN CONSIDERED SO THAT WAY YOU DON'T. WE DON'T HAVE TO ASK FOR THAT TEN. MAYBE ASK FOR FIVE. THEN YOU HAVE THE WRONG SIDE. I'M TALKING ABOUT THE FLOOR PLAN ITSELF. IF IT'S BEEN, MAYBE MOVE THE HOUSE. MAYBE IT'S NOT THEN THAT WE ARE ASSUMING IT'S LIKE SEVEN. SOMETHING LIKE THAT. IF IT'S NOT A LEVEL TEN. WAS SOMETHING HANDED OUT? I'M SORRY? WAS SOMETHING HANDED OUT BY THE APPLICANT? YES. IS IT. IS IT DIFFERENT THAN WHAT WAS IN THE PACKET? YES. IT'S NOT THE SAME. DID THEY PUSH IT TO 18? IT'S UPDATED ON THE GARAGE SIDE. NO NO NO NO NO NO. ESTOY VIENDO EL CONCEPTO DEL PLANO Y ESTOY VIENDO EN LA ESQUINA. EN ESTA ESQUINA DE AQUI. TENEMOS MAS ESPACIO PARA HACER LA CASA PARA. HACER UN CONCEPTO DONDE SE PUEDA MODIFICAR UN POCO Y Y HACIA LA PARTE DE ARRIBA Y COMO DICE MARK. PARA QUÉ NOS? NOS VEMOS UN POCO MAS EN EL MEDIO DE LOS DIAS. UN POCO MAS RECORRIDO LA TERRAZA TODA ESTA ZONA DE MAS PARA ADA TENEMOS MUCHO MAS ESPACIO EN ESTE ESQUINA DE AQUI Y TAMBIÉN TIENE TODAVIA DOS PUEDA SER PORQUE ESTAMOS VIENDO. ENTONCES UN POQUITO. MAS PARA MAS. YOU SAID THAT I THINK THE MEASUREMENTS ARE WRONG. I THINK I THINK THEY ALREADY. THEY ALREADY GIVING YOU SOME. YEAH. YEAH. WELL, LET'S SEE IN THE GARAGE. OKAY. ENTONCES VOY A HACER UN POCO MAS. DE IGUAL. SI. UN POCO Y LUEGO SE SERIA UN POQUITO DE ESTE EL CONCEPTO EN EL FOYER Y TAMBIÉN TENEMOS MAS ESPACIO AQUI. PODEMOS UN POQUITO MAS CERCA A LO A. A YOU KNOW. SO YOU CAN YOU, YOU CAN MOTION WITH A DIFFERENT WITH A DIFFERENT AMOUNT. SEE? SEE YA. OKAY. NO NO NO NO NO NO NO. HOLD ON, HOLD ON. LET ME OPEN MY MIC. SO THE QUESTION IS FOR MR. GARZA, THE QUESTION WAS, IN THE EVENT THAT INSTEAD OF GOING WITH WITH THE ASK, WITH THE VARIANCE OF BEING ASKED, IT SEEMS LIKE THERE'S SOME SOME FEET, SOME FEW FEET THAT ARE NOT ACCOUNTED FOR THAT COULD POTENTIALLY CHANGE THAT. AND THE QUESTION WOULD BE, CAN WE APPROVE BY MAKING THE RECOMMENDATION OF A DIFFERENT DIFFERENT AMOUNT OF FEET THAT, THAT IS THAT IS WHAT YOU'RE ASKING? YES, SIR. SO IN THIS CASE, YES, YOU CAN MOTION WITH, WITH A. NEW FEET, I GUESS YOU CAN SAY WITH THE DIFFERENT RECOMMENDATION. WITH THE NEW, WITH THE NEW RECOMMENDATION. THANK YOU FOR THAT. JUST TO CONSIDER UNDER THE MOTION. OKAY. SO THAT WAY SHE DOESN'T HAVE TO GO BACK AND COME BACK NEXT MONTH, SO TO SPEAK, AFTER THEY RESUBMIT. THAT'S WHAT YOU'RE ASKING, CORRECT? YES, SIR. OKAY. I JUST WOULD LIKE TO ASK TO CONSIDER THE FACT THAT WE DO HAVE OVER 20 LOTS THAT ARE CORNER LOTS, RIGHT? SO WE WE IF WE'RE GOING TO DO IT FOR THIS ONE, THEN, YOU KNOW, WE MIGHT GET THOSE OTHER INDIVIDUALS TO REQUEST THE SAME THING. SO WE JUST, YOU KNOW, JUST TO CONSIDER THAT RIGHT NOW IN THE CITY YOU'VE BEEN OR THE PLANNING DEPARTMENT HAS BEEN APPROVING. THANK YOU. MR.. SETBACKS FOR UTILITIES AT TEN FEET. CORRECT? YES, SIR. THAT IS CORRECT. THAT PRETTY MUCH STANDARD 10 TO 15FT WOULD BE STANDARD, CORRECT? YES, SIR. NOT SO MUCH 20 OR 25FT LIKE IT USED TO BE. I USED TO SEE THEM ALL THE TIME. SO 10 TO 15. IT'S THE NEW TREND, CORRECT? YES, SIR. FOR THE UTILITY EASEMENT. CORRECT? YES. THAT'S CORRECT. THE UTILITIES AND NOT THE REAR SETBACK. [01:35:02] THAT IS CORRECT. RIGHT. HOWEVER, THERE HAVE BEEN SOME PLANTS RECENTLY RECORDED THAT DOES HAVE A TEN FOOT REAR SETBACK, WHICH IS IN LINE WITH THE TEN FOOT UTILITY EASEMENT. YES. CORRECT. OKAY. AND THEN OVER HERE, SINCE THIS IS A GARAGE, I THINK THOSE THOSE PLOTS ARE CLASSIFIED URBAN RESIDENTIAL. RIGHT. SO DENSITIES CHANGE. NO. MAJORITY OF THOSE PLATS ARE RESIDENTIAL PRIMARY. JUST JUST AS THIS ONE IS AT 14. SO LOOKING AT THE SITE PLAN THAT YOU SUBMITTED, SHE COULD GET AWAY WITH THE 14 FOOT REAR SETBACK AND FIT IT THE WAY THAT SHE HAS IT, BY SHIFTING IT OVER TWO FEET TO BE AT 18 IN THE FRONT GARAGE AREA. OR IF THE BOARD WANTS TO CONSIDER A 15 OR 16. THAT'S THAT'S UP TO THE BOARD. SO BASED ON YOUR FINDINGS, IT'S 14. THAT'S THE MEASUREMENT THAT YOU OKAY. THAT'S WHAT WE'RE TRYING TO FIGURE OUT. YEAH. SHE WENT OVER TWO FEET. I GUESS SHE SHAVED OFF TWO FEET FROM WHAT WAS ORIGINALLY PROPOSED. AND SHE'S SHOWING 12FT IN THE BACK, AND THEN YOU'RE SHOWING THE ADDITIONAL TWO FEET. IT'LL BE 14 OR. 16. THEN SHE'LL BE 14. SHE'S 12 CURRENTLY. SHE'S 12 CURRENTLY. CORRECT. OKAY. GOTCHA. VERY. EXPENSIVE. ANY OTHER QUESTIONS OR OPEN FOR DISCUSSION ON OR ANY QUESTIONS FOR MR. MR. FROM THE BOARD? I JUST WANT TO MAKE SURE THAT WE GET THOSE. IS THIS AN HOA COMPANY? HOA SUBDIVISION? THERE IS. AND I'M ASSUMING THAT HOA IS BEING RUN BY YOU GUYS RIGHT NOW BY THE DEVELOPERS. SO YOU WOULD HAVE APPROVED. SO DID YOU APPROVE YOUR REQUEST? ALL RIGHT. SO YOU'RE GOING TO DENY THE REQUEST? TOUGH ONE. QUESTIONS? COMMENTS? NO. THEN I'M GOING TO GO AHEAD AND WELL, BEFORE I DO THAT, DO WE HAVE ANYBODY ELSE IN THE AUDIENCE TO SPEAK IN BEHALF OF THIS ITEM? NO ONE. ALL RIGHT. THIS TIME I'M GOING TO GO AHEAD. MR. I'M BEING TOLD THAT THE PLAT DOES SPECIFY A 20 FOOT FRONT SETBACK. IT DOESN'T SPECIFY 18 FOR A GARAGE. THAT IS THAT FOUND IN THE MYLAR? YEAH. DO YOU WANT TO TAKE IT UP? SURE. THANK YOU FOR CLARIFYING THAT. YEAH. I THINK THE CUL DE SACS, RIGHT IS I THINK THE ONES WHERE WE ALLOW 18 CUL DE SACS ARE ALLOWED AT 15, I BELIEVE. 15. OKAY. RIGHT. SO USUALLY ON SOME OF THOSE MILES, THEY'LL PUT THAT THE GARAGES CAN BE AT 18FT IF THEY HAVE A, SOME WILL HAVE LIKE A 15 FOOT 15 FOOT FRONT SETBACK AND THEN THEY'LL ADD GARAGES TO BE AT 18FT. IN THIS CASE THEY, THEY COULD DO THE SAME WITH 20 AND THEN AT 18, BUT THE PLAT DOESN'T STATE IT. SO THAT'S WHY THE SITE PLAN WAS SUBMITTED AT 20. THANK YOU FOR THAT. QUESTION. ALL RIGHT. ANY OTHER QUESTIONS COMMENTS CONCERNS. I'M GOING TO GO AHEAD AND CLOSE THIS ITEM AND ASK ENOUGH TO THE BOARD FOR A MOTION, PLEASE. A MOTION TO DENY REQUEST. I STILL FEEL THAT THERE'S A LOT OF AREAS THAT CAN BE MODIFIED TO FIT THE SETBACKS. THAT'S MY RECOMMENDATION. I HAVE A MOTION FOR DENIAL FROM MR. VAZQUEZ FOR A SECOND, I SECOND. I HAVE A SECOND FROM MR. MEYER. ALL THOSE IN FAVOR OF DENIAL, PLEASE RAISE YOUR RIGHT HAND. THOSE OPPOSED? SAME SIGN. MOTION IS DENIED. I JUST WANT TO SAY, I KNOW WE KEPT EVERYONE KIND OF LATE HERE TONIGHT. I JUST WANT TO THANK MY TEAM THAT CAME HERE FOR SUPPORT. THE FIRE DEPARTMENT, ENGINEERING BUILDING, AND OF COURSE, THE PLANNING DEPARTMENT. ALEX AND CLAUDIA. MARLON. OF COURSE, WE LED BY MR. AZEVEDO. SO I JUST WANT TO THANK THEM FOR THEIR SUPPORT IN PUTTING THIS TOGETHER. I SECOND THAT. OKAY. [01:40:07] THANK YOU, MR. PARTY. THANK YOU, MR. FARLEY. MOVING ON TO OUR NEXT ITEM. WE HAVE OUR INFORMATION ONLY. MR. SAVELLA, DO WE HAVE ANYTHING? WE HAVE NOTHING TO REPORT AT THIS TIME. WE DO HAVE DINNER FOR EVERYBODY THAT STAYED. IF YOU GUYS WANT TO STICK AROUND, THERE'S BOX DINNERS IN THE BACK. ALL RIGHT, I APPRECIATE IT. THANK YOU SO MUCH. THERE'S NOTHING ELSE. I'M GOING TO GO AHEAD AND ASK THE BOARD FOR A MOTION TO ADJOURN THE MEETING. SO MOVED. I SECOND THAT. ALL RIGHT. WE HAVE A MOTION FROM MR.. NO, I HEARD MR.. VASQUEZ MOTION. MR.. VASQUEZ SECOND. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. AND LET'S GET OUT OF HERE. * This transcript was compiled from uncorrected Closed Captioning.