[00:03:41] ALL RIGHT, LET'S GO AHEAD AND GET STARTED. WELCOME, EVERYONE. I'D LIKE TO GET STARTED. WELCOME TO THE ZONING BOARD OF ADJUSTMENT MEETING. TODAY IS. JUNE 26TH, 2024. CAN I GET THE STAFF TO CONFIRM THAT WE HAVE QUORUM FOR TODAY'S MEETING? YES, SIR. MR. CHAIRMAN, WE DO HAVE A QUORUM WITH BOARD MEMBERS. ANDREW ALMAGUER PRESENT. MR. GARZA, JUNIOR. MR. RUBEN RUIZ, JUNIOR. AND YOURSELF, MR. CHAIRMAN, MR. MARK MORAN. [1. CALL MEETING TO ORDER, ESTABLISH QUORUM] THANK YOU SO MUCH FOR THAT. YES, SIR. ANYBODY. EVERYBODY, PLEASE RISE AND JOIN ME IN PRAYER. [A. 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 MIGHT AFFECT OUR CITY AND CONTINUE TO REMIND US THAT ALL WE DO HERE TODAY, ALL THAT WE ACCOMPLISH, IS FOR THE BETTERMENT OF OUR CITY. WE ASK THESE THINGS IN YOUR NAME. AMEN. AMEN. EVERYBODY, PLEASE REMAIN STANDING. [B. Pledge of Allegiance] CAN I GET MR. REESE TO JOIN US IN THE PLEDGE OF ALLEGIANCE? [00:05:02] 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 SO MUCH. PLEASE BE SEATED. GOING ON TO OUR NEXT ITEM. [2. CERTIFICATION OF PUBLIC NOTICE] CAN I GET CITY STAFF TO VERIFY THAT THE PROPER CERTIFICATION OF PUBLIC NOTICE WAS GIVEN? YES, SIR. MR. CHAIRMAN, STAFF DID NOTIFY THE PUBLIC AS PER THE TEXAS OPEN MEETINGS ACT ON THE 28TH OF JUNE AT 5:15 P.M.. [3. DISCLOSURE OF CONFLICT OF INTEREST] THANK YOU FOR THAT, MR. OCHOA. CAN YOU PLEASE ELABORATE ON DISCLOSURE OF CONFLICT OF INTEREST? YES, MR. CHAIR, UNDER STATE LAW, A CONFLICT OF INTEREST EXISTS IF A BOARD MEMBER OR CERTAIN MEMBERS OF THAT PERSON'S FAMILY HAS A QUALIFYING FINANCIAL INTEREST IN AN AGENDA ITEM, IF THERE IS A CONFLICT, THE BOARD MEMBER CAN'T PARTICIPATE OR VOTE ON THE ITEM. ARE THERE ANY CONFLICTS TO DISCLOSE? ANYONE. THANK YOU. THANK YOU SO MUCH. [4. PUBLIC COMMENTS] MOVING ON TO OUR NEXT ITEM, 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 THE 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. A THREE MINUTE TIME LIMIT WILL BE GIVEN TO EACH PERSON INTERESTED IN SPEAKING ON THE ITEM. 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 AND 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. [6. ABSENCES] ABSENCES TO CONSIDER EXCUSING THE ABSENCE OF BOARD MEMBER RONNIE CAVAZOS FROM THE MAY [A. Consider excusing the absence of Board Member Ronnie Cavazos from the May 30, 2024] 30TH, 2024 REGULAR MEETING. CAN I GET A MOTION FROM THE BOARD, PLEASE? MOTION TO APPROVE. I HAVE A MOTION TO APPROVE BY MR. REESE TO HAVE A SECOND. I SECOND. I HAVE A SECOND BY MR. GARZA. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. AGAIN, AS OPPOSED SAME SIGN. [7. MINUTES] MOTION CARRIES. MOVING ON TO OUR NEXT ITEM. [A. Consider Approval of the Minutes for the May 30, 2024 Regular Meeting] MINUTES. CONSIDER APPROVAL OF THE MINUTES FOR THE MAY 30TH, 2024 REGULAR MEETING. BOARD. CAN I GET A MOTION, PLEASE, ON THIS ITEM? MOTION. I GET A MOTION BY MR. ALMAGUER TO APPROVE. I HAVE A SECOND BY MR. REECE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. MOVING ON TO OUR NEXT ITEM. [8. PUBLIC HEARINGS] [A. Consider Variance Request to the City’s Unified Development Code Article 3, Section 3.102,] PUBLIC HEARINGS EIGHT A CONSIDER VARIANCE REQUEST TO THE CITY'S UNIFIED DEVELOPMENT CODE. ARTICLE THREE, SECTION 3.102 STANDARDS FOR RURAL AND RESIDENTIAL DEVELOPMENT BEING LOT 15 SANTA GLORIA SUBDIVISION, LOCATED AT 30 308 NANCY STREET, AS REQUESTED BY NANCY DE VILLARREAL ON BEHALF OF LUIS ALEJANDRO ORTIZ VILLARREAL. GOOD EVENING. I AM ALFRED RICARDO FARLEY PLANNER HERE IN THE CITY OF EDINBURGH. SO THE REQUEST IS THE APPLICANT IS REQUESTING A VARIANCE TO THE CITY'S UNIFIED DEVELOPMENT CODE ARTICLE THREE, AS IT APPLIES TO ACCESSORY STRUCTURES TO SINGLE FAMILY USE. SO HERE ON THE PICTURE HERE IS GOING TO HELP US TO REALLY VISUALIZE WHAT THE REQUEST IS. SO HERE WE SEE A CONCRETE SLAB IN THE FRONT. SO THE APPLICANT IS REQUESTING A 25 FOOT ENCROACHMENT FOR CARPORT. SO SHE WANTS TO BUILD A CARPORT ON THIS EXISTING SLAB. AND TO THE FRONT YARD SETBACK INSTEAD OF THE TEN FOOT ENCROACHMENT ALLOWED. ONE THING YOU REALLY WANT TO PAY ATTENTION TO ON THIS PICTURE? THERE IS NO GARAGE. OKAY. THERE. THERE IS NO BREEZEWAY WHERE SHE COULD PARK HER CAR, AND THIS IS TYPICAL OF THIS NEIGHBORHOOD. A LITTLE THING ABOUT WHERE THE PROPERTY IS LOCATED. THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF NANCY STREET IN HIS OWN RESIDENTIAL PRIMARY [00:10:04] DISTRICT. AND THAT'S TRUE FOR ALL THE SURROUNDING DIRECTIONS. AND IT'S ALL MADE UP OF SINGLE FAMILY RESIDENTIAL USE IN ALL DIRECTIONS. A LITTLE BIT OF BACKGROUND IN HISTORY, WHICH IS KIND OF INTERESTING, A LITTLE BIT DIFFERENT TWIST THAN WHAT WE'VE BEEN SEEING LATELY. SO THIS PROPERTY IS PART OF SANTA GLORIA SUBDIVISION THAT WAS RECORDED JANUARY 31ST, 2008. THE SETBACKS ARE 25 IN THE FRONT, SIX ON THE SIDE AND 23FT IN THE REAR. SO ON APRIL THE 4TH, THE APPLICANT SHE'S HERE TODAY APPLIED FOR A BUILDING PERMIT, AND SHE BROUGHT IN A SITE PLAN. SO DID YOU NOTICE WHAT CAUSED HER TO COME IN TO APPLY FOR A BUILDING PERMIT? IT WASN'T CODE ENFORCEMENT ACTION. SHE DIDN'T HAVE IT BUILT OVER THE WEEKEND. SHE'S TRYING TO. DO YOU KNOW WHAT? OUR CITIZEN. WHAT A GOOD CITIZEN WOULD TRY TO DO, YOU KNOW, COME IN AND GET A BUILDING PERMIT. AND I THINK, YOU KNOW, WE SHOULD KEEP THAT IN MIND AS WE MOVE FORWARD. SO STAFF REVIEWED THE SITE PLAN AND NOTICED THE PROPOSED ENCROACHMENT INTO THE FRONT YARD SETBACK. SHE DID APPLY FOR THE VARIANCE ON APRIL THE 19TH, 2024. NOW, WHAT IS VERY INTERESTING ABOUT THIS SUBDIVISION. WHAT'S VERY INTERESTING ABOUT IT IS THAT SIMILAR VARIANCES WERE GRANTED FOR CARPORTS ON LOT 59 ON JUNE 2018, LOT 31 ON DECEMBER 2020, AND LOT 32 OF APRIL 2021. AND WE HAVE A MAP. LET'S SEE HERE. SO ON THIS MAP HERE, YOU SEE THOSE PARCELS THAT ARE HIGHLIGHTED IN GREEN. THOSE ARE THE ONES THAT HAVE RECEIVED VARIANCES. HER PARTICULAR PARCEL IS IN RED, SO JUST DOWN THE STREET AND AROUND THE CORNER THOSE LOTS RECEIVE VARIANCES FOR CARPORTS. SO STAFF MAIL NOTICES OF THIS REQUEST TO 47 NEIGHBORING PROPERTY OWNERS AND RECEIVED NO COMMENTS IN FAVOR OR AGAINST THIS REQUEST AT THE TIME THIS REPORT WAS PREPARED. SO A LITTLE BIT ANALYSIS ABOUT WHAT THE APPLICANT IS PROPOSING TO DO. THE PROPOSED PLACEMENT, THE CARPORT WOULD BE IN FRONT OF THE PRINCIPAL STRUCTURE ON THE EXISTING SLAB THAT WE SAW IN THE PRECEDING PICTURE. SHE WOULD ENCROACH 25 FOOT INTO THE FRONT SETBACK, LEAVING A ZERO FOOT FRONT SETBACK. NOW, THE CODE OR THE DEVELOPMENT CODE IN ARTICLE THREE SPECIAL ALLOWANCES DOES ALLOW CARPORTS TO ENCROACH TEN FEET INTO THE FRONT SETBACK, INCLUDING OVERHANG. SO THE APPLICANT JUST SIMPLY STATES THAT SIMILAR CARD. POINTS EXIST IN THE AREA AND THAT IS TRUE. STAFF. WE WENT OUT AND WE DROVE EACH EACH DROVE EACH STREET, AND WE NOTICED ABOUT 12 CARPORTS THAT WERE BUILT IN THIS NEIGHBORHOOD. NOTWITHSTANDING THOSE CARPORTS THAT HAD BEEN GRANTED VARIANCES BY THE ZONING BOARD OF ADJUSTMENT FROM A PREVIOUS BOARDS. SO THEREFORE STAFF RECOMMENDS DENIAL OF THE VARIANCE. VARIANCE REQUEST IF APPROVED. IF APPROVED BASED ON THE CHARACTER OF THE NEIGHBORHOOD, BASED ON SIMILAR VARIANCES THAT HAVE BEEN GRANTED, THE APPLICANT WOULD NEED TO COMPLY WITH ALL OTHER REQUIREMENTS, INCLUDING BUILDING AND OTHER REQUIREMENTS, AND SHE WOULD NEED TO PAY A RECORDING FEE. AND I BELIEVE THE APPLICANT IS HERE. SHE WOULD LIKE TO SPEAK. THANK YOU, MR. FARLEY. DO WE HAVE ANYBODY SPEAKING ON BEHALF OF THIS ITEM, PLEASE? ALEJANDRO ORTIZ YES, WE DO HAVE THE APPLICANT HERE. WOULD YOU LIKE TO SPEAK ON THIS ITEM? BUENAS TARDES. BUENAS TARDES. BUENO PARA EMPEZAR SU NOMBRE, POR FAVOR. GRACIAS A. LA APLICACION. LA APLICACION PORQUE ESTE YO NECESITO ESE TECHO PARA PROTEGER MIS CARROS DE DEL SOL. DE ESO ES LO PUEDEN PROPORCIONAR EL PERMISO PARA ESE. YOU HAVE ANY QUESTIONS FOR THE APPLICANT? I HAVE A I HAVE A QUESTION FOR STAFF. OKAY. GO AHEAD. YES, I HAVE A QUESTION FOR STAFF. MR. FARLEY ON THE. SO THE ONES THAT YOU GUYS LOOKED AT IN THE NEIGHBORHOOD, DOES IT FIT THE SIMILAR DIMENSIONS AND EVERYTHING THAT THIS ONE HAS OR IS THIS ONE? YES, SIR. IT FITS IT TO A T. ALL OF THESE HOMES IN THIS NEIGHBORHOOD ARE PRETTY SIMILAR. [00:15:01] THERE ARE NO GARAGES. THERE'S NO BREEZEWAY TO PARK THEIR VEHICLES. IT ACTUALLY, IT APPEARS TO BE THE COURAGE OF THE NEIGHBORHOOD, YOU KNOW, TO TELL YOU THE TRUTH. AND THE STAFF IS RECOMMENDING TO DENY. WELL, THE STAFF IS RECOMMENDING DENIAL. HOWEVER, IF APPROVED, IT COULD BE APPROVED BASED ON THE CHARACTER OF THE NEIGHBORHOOD AND OR THE OTHER SIMILAR VARIANCES THAT HAD BEEN APPROVED. OKAY. THANK YOU, MR. FARLEY. I BELIEVE YOU'RE ASKING FOR THE HEIGHT OF IT. NO. OH, I SEE HERE. THIS IS. OKAY. THE CAR IS NOT GOING TO OBSTRUCT ANY ONCOMING TRAFFIC. IS NOT GOING TO OBSTRUCT THE NEIGHBORS PROPERTY. ANY UTILITIES THERE? NO, NO, UTILITIES ARE THERE. AND THE SLAB, THAT SLAB WAS BUILT FOR THEM TO PARK THEIR CAR THERE. IT SEEMED LIKE IT WAS PART OF THE DEVELOPMENT OF THE NEIGHBORHOOD. AND LIKE I SAID, IF YOU DRIVE UP AND DOWN THE STREETS, I MEAN, YOU'RE GOING TO SEE CARPORTS RIGHT AND LEFT. SO WE'VE APPROVED THEY WILL HAVE TO GET A PERMIT FOR IT ALSO. CORRECT. THEY'LL HAVE TO GET A PERMIT AND IT WILL BE INSPECTED. YES IT WILL. SHE WILL NEED TO GET A PERMIT, PERHAPS A WINDSTORM DESIGN. DEPENDING ON THE SQUARE, FOOTAGE OF THE PROPOSED CARPORT AND BUILDING WOULD NEED TO GO OUT THERE. AND THIS PARTICULAR CASE WOULD BE KIND OF SIMPLE BECAUSE IT'S NOT BUILT RIGHT, YOU KNOW, WHICH IS VERY DIFFERENT THAN THE OTHER CASES THAT WE'VE SEEN PREVIOUSLY. YOU KNOW, SHE'S A CITIZEN THAT'S TRYING TO GO ABOUT IT THE CORRECT WAY. MR. FOLEY HAD A QUESTION, AND I JUST DON'T KNOW HOW TO USE THE WORD IN SPANISH WITH ANY HARDSHIPS THAT WERE MAYBE MENTIONED DURING THE APPLICATION. DURING THE APPLICATION. YOU CAN YOU MAY ASK HER IN SPANISH. I DON'T I DON'T KNOW HOW TO SAY HARDSHIP IN SPANISH. LO MEJOR NECESSITY TAMBIÉN EL TECHO SIMPLEMENTE PARA. QUÉ ES EL. SOL Y ES UNA PREGUNTA COMO ESTAMOS VIENDO MAS DISCAPACIDAD PARA PROTEGER TAMBIÉN DE DE DE DE LA CASA. OKAY. IS THAT THE QUESTION YOU HAD. YEAH. JUST WONDERING IF THERE'S ANY THE WORD HARDSHIP I DIDN'T KNOW THAT. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT. YEAH. GRACIAS. GRACIAS. THANK YOU. DO WE HAVE ANYBODY ELSE IN THE IN THE PUBLIC THAT WOULD LIKE TO SPEAK IN BEHALF OF THIS ITEM? NO. OKAY. I'LL GO AHEAD AND GO AHEAD AND CLOSE THIS ITEM AND ASK THE BOARD FOR A MOTION. I MOTION TO APPROVE. I HAVE A MOTION TO APPROVE BY MR. GARZA. I SECOND THE MOTION. HAVE A SECOND, MR. REESE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. MOVING ON TO ITEM EIGHT B. THE APPLICANT IS REQUESTING A VARIANCE TO THE CITY'S UNIFIED DEVELOPMENT CODE, UDC ARTICLE THREE, SECTION 3.102. AS IT APPLIES TO SETBACKS, THE APPLICANT IS REQUESTING A TEN FOOT ENCROACHMENT FOR AN OUTDOOR COVERED PATIO WITH A RESTROOM INTO THE 20 FOOT REAR SETBACK, LEAVING A 20 FOOT SEPARATION FROM THE REAR PROPERTY LINE. ANY ZERO FOOT SIDE YARD SETBACK ON THE EAST SIDE OF THE PROPERTY. [B. Consider Variance Request to the City’s Unified Development Code Article 3, Section 3.102,] YES, MR. CHAIRMAN, GOOD AFTERNOON. WE DID RECEIVE A PHONE CALL THIS MORNING FROM THE APPLICANT STATING THAT HE HAD TO LEAVE OUT OF TOWN ON AN EMERGENCY. HE DID REQUEST THAT THIS ITEM BE TABLED AND HEARD AT THE FOLLOWING MEETING. THE BOARD DOES HAVE THE DISCRETION TO EITHER TABLE IT OR BECAUSE IT IS ON THE AGENDA, THEY STILL HAVE THE OPPORTUNITY TO ACT ON IT. SO REALLY, IT WOULD BE UP TO THE BOARD'S DISCRETION WHETHER THEY WOULD LIKE TO TABLE IT OR ACT. OKAY. THANK YOU FOR THAT. YES, SIR. QUESTION FOR THE BOARD. DO WE UNDERSTAND THAT? DO WE? SO WE DO HAVE THE OPTION TO EITHER TABLE THE ITEM OR CONTINUE TO MOVE FORWARD AND MAKE A MOTION. DO WE UNDERSTAND THAT? DO WE UNDERSTAND EVERYBODY? MR. CAVAZOS, I JUST WANT TO MAKE SURE THAT YOU UNDERSTAND THE MOTION. YES. I'M SORRY. DO YOU WANT TO REQUEST A MOTION? I'M SORRY TO POSTPONE. [00:20:01] OKAY. I HAVE A MOTION BY MR. CAVAZOS TO TABLE THE ITEM. DO YOU HAVE A SECOND? I SECOND THE MOTION. HAVE A SECOND FOR MR. GARZA. SECOND THE ITEM. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. WE'LL TABLE IT FOR OUR NEXT MEETING. YES, SIR. [C. Consider Variance Request to the City’s Unified Development Code Article 5, Section 5.207,] WE'LL SEE YOU BACK NEXT MONTH. THANK YOU. OKAY. MOVING ON TO OUR NEXT ITEM. EIGHT C THE APPLICANT IS REQUESTING A VARIANCE TO THE CITY'S UNIFIED DEVELOPMENT CODE, UDC, ARTICLE FIVE, SECTION 5.207, AS IT APPLIES TO EASEMENTS. THE APPLICANT IS REQUESTING A FOUR FOOT ENCROACHMENT FOR A SWIMMING POOL INTO THE TEN FOOT UTILITY EASEMENT LOCATED ON THE NORTH SIDE OF THE PROPERTY. SO THE APPLICANT IS REQUESTING A VARIANCE TO ARTICLE FIVE AS IT APPLIES TO EASEMENTS. THE APPLICANT IS REQUESTING FOUR FOOT ENCROACHMENT FOR SWIMMING POOL INTO THE TEN FOOT REAR UTILITY EASEMENT LOCATED ON THE NORTH SIDE OF THE PROPERTY. SO IF YOU LOOK AT THE PICTURE, THAT'S THAT'S WE HAVE HERE, YOU CAN SEE HOW THEY KIND OF PUT IN THEY KIND OF STRAIGHTENED IT OUT A LITTLE BIT OF WHERE THE SWIMMING POOL IS GOING TO GO IN THEIR BACKYARD. SO THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF CASCADE AVENUE AND IS ZONED RESIDENTIAL PRIMARY DISTRICT. JASON, ZONING IS RESIDENTIAL PRIMARY PRIMARY IN ALL DIRECTION, AND THE LAND USE IS SINGLE FAMILY RESIDENTIAL IN ALL DIRECTIONS. THIS PROPERTY IS PART OF MEDICINE PARK PHASE ONE SUBDIVISION THAT WAS RECORDED ON JANUARY THE 5TH, 2007. SO JUST WANT TO PAUSE HERE FOR A MOMENT. WE DO HAVE THE RECORDING OF THE SUBDIVISION PLAT. PASSED OUT TO THE MEMBERS. HERE WERE APPROVAL ALSO FROM THE HOA. SO ON MAY THE 28TH, 2004, THE APPLICANT MET WITH STAFF AND THEY SUBMITTED A SITE PLAN FOR SWIMMING POOL. STAFF REVIEWED THE SITE PLAN AND NOTICED THE FOUR FOOT ENCROACHMENT INTO THE TEN FOOT REAR UTILITY EASEMENT. ON THAT SAME DAY, THEY APPLIED FOR THE VARIANCE. ON MAY THE 28TH, 2004 STAFF MAILED NOTICES OF THIS VARIANCE REQUEST TO 44 NEIGHBORING PROPERTY OWNERS AND RECEIVED NO COMMENTS IN FAVOR OR AGAINST LITTLE ANALYSIS OF WHAT WENT ON WITH THIS PROPERTY AND HOW IT CAME TO US. THE PROPOSED SWIMMING POOL WOULD BE IN THE REAR YARD OF THE PRINCIPAL STRUCTURE, AS INDICATED ON THE PHOTO HERE. IT WOULD ENCROACH APPROXIMATELY FOUR FEET INTO THE REAR TEN FOOT UTILITY EASEMENT. THE SWIMMING POOL IS KIND OF IRREGULAR IN SHAPE. IT MORE OR LESS MEASURES APPROXIMATELY 14FT IN LENGTH AND 27FT WIDE. HERE AGAIN, THE UNIFIED DEVELOPMENT CODE SPECIAL ALLOWANCES FOR SWIMMING POOL DOES ALLOW SWIMMING POOLS TO ENCROACH INTO THE REQUIRED SIDE YARD, WHICH IS, IS A LITTLE BIT THAT'S GOING TO TAKE PLACE IN THIS CASE. LET ME SEE IF I CAN FIND A SITE PLAN. SO HERE WE HAVE THE SITE PLAN OF WHERE THE PROPOSED SWIMMING POOL IS GOING TO BE LOCATED. IF YOU NOTICE IT'S KIND OF IN THE SIDE YARD A LITTLE BIT, BUT IT'S NOT ENCROACHING INTO THE SIDE YARD SETBACK. SO THERE'S SOMETHING WE WANT TO KEEP IN MIND AS WE MOVE FORWARD. THE ONLY THING IS THAT THEY WOULD NEED TO SCREEN THIS PARTICULAR SWIMMING POOL, AND IT IS SCREENED IN THE BACK. BUT IN NO CASE, AS ARTICLE THREE BRINGS OUT, THE SWIMMING POOL ENCROACH INTO AN EASEMENT. AND THAT'S WHAT THEY'RE ASKING FOR. THE APPLICANT HAD THEIR TEN FOOT UTILITY EASEMENT SPOTTED, AND IT WAS DETERMINED THAT NO ACTIVE LINES WOULD BE IN CONFLICT WITH THE PROPOSED POOL. NOW, THE RESPONSE BACK FROM THE UTILITY COMPANIES WERE AEP, AT&T, SPECTRUM, TEXAS GAS SERVICE AND ROYAL PRODUCTION COMPANY. AND NONE OF THOSE UTILITY COMPANIES OR ENTITIES HAD ANY PROBLEMS WITH THE SWIMMING POOL BEING BEING LOCATED IN THE REAR UTILITY EASEMENT. SO THEREFORE STAFF RECOMMENDS DENIAL THE VARIANCE REQUEST. HOWEVER, IF APPROVED, YOU KNOW, BASED ON THE UTILITY LINE, THE UTILITY COMPANIES NOT HAVING ANY ISSUE WITH THE SWIMMING POOL IN THE UTILITY EASEMENT, THE APPLICANT WOULD NEED TO COMPLY WITH ALL OTHER REQUIREMENTS, AND ONE OF THE REQUIREMENTS THEY WOULD NEED TO APPLY TO IS IF YOU NOTICE, THERE ARE ABOUT 2 OR ARE THREE FEET FROM THE PRINCIPAL STRUCTURE. SO THEREFORE THEY WOULD NEED A STRUCTURAL ENGINEER TO SIGN OFF ON THAT BECAUSE OF THE HYDRO PRESSURE AGAINST THEIR FOUNDATION. SO IF APPROVED, THEY WOULD NEED TO PAY THEIR RECORDING FEE AND MEET ALL OTHER REQUIREMENTS. AND I BELIEVE THE APPLICANTS ARE HERE TONIGHT. OKAY. HELLO. GOOD AFTERNOON. [00:25:02] MY NAME IS DANIEL MCGILL. I'M HERE WITH MY WIFE AND TO REQUEST THE PERMIT TO BUILD OUR POOL IN OUR HOUSE. WE HAVE TWO KIDS. DIEGO IS EIGHT YEARS OLD, IS VERY ACTIVE. DANIELITO IS 13 YEARS OLD, SUPER ACTIVE. AND WE DECIDE WITH MY WIFE AFTER 13 YEARS THAT WE ARE OWNER TO BUILD A POOL. IN THE BEGINNING. NO, BECAUSE OUR KIDS ARE VERY SMALL. THEY DON'T WANT TO SWIM IN POOL. RIGHT NOW THEY HAVE CLASSES FOR SWIMMING POOL, AND THEY WANT TO ENJOY IN THE HOUSE THAT THE OTHER NEIGHBORS HAS THE POOL. THEY WANT TO ENJOY IN OUR HOUSE. THAT'S THE REASON THAT WE DECIDED WITH MY WIFE TO BUILD A SWIMMING POOL IN OUR BACKYARD IS NOT BIG. IT'S VERY SMALL. BEFORE WE ARE THINKING TO BUILD A SWIMMING POOL THERE, BUT IT'S LIKE A JACUZZI. IT'S VERY SMALL WITH THE RESTRICTIONS AND NOW IT'S A LITTLE BIT MORE BIG. IF YOU PERMIT TO BUILD OUR SWIMMING POOL, WE WERE SCARED THEY WILL BUMP THEIR HEADS AS THEY JUMP IN. IF WE USE THE ALLOWED SPACE. SO THAT'S THE REASON WE'RE ASKING. I'M FROM UKRAINE. MY HUSBAND IS FROM PERU, SO WE HAVE EDINBURGH BABIES. PLEASE HELP US OUT. CAN YOU DO ME A FAVOR? CAN YOU ALSO YOUR NAME FOR THE ARENA? ARENA? YES. THANK YOU. SO WE'RE VERY HAPPY TO BE HERE. THANK YOU FOR TAKING THIS TIME. WE'VE BEEN WAITING ALL, ALL MONTH, 30 DAYS. AND WE HAVE THIS. BEAUTIFUL BOYS ARE VERY ENERGETIC. WE BELIEVE THAT IT'S TIME TO FOCUS THE KIDS TO TAKE OUTSIDE. SO WE PUT THE BASKETBALL FOR THEM. WE HAD TO REMOVE THE PLAYGROUND BECAUSE IT'S NO MORE IN STYLE FOR THEIR AGE. BUT NOW WE'RE REALLY HOPING TO PUT THE POOL THERE SO THEY CAN ENJOY IT AND USE OUR ENERGY PROPERLY. RIGHT? OKAY. VERY GOOD. I THINK I THINK THAT'S PRETTY MUCH IT. YEAH. LET ME OPEN IT UP TO LET ME OPEN IT. I WAS GOING TO SAY, YOU KNOW, JUST JOKING AROUND. BUT WE DO HAVE A MAYOR IN OUR SUBDIVISION. AND I TOLD MY HUSBAND WE CANNOT INVITE HIM OVER BECAUSE HE WILL BUMP HIS HEAD AS WELL. SO, PLEASE. THANK YOU. BEFORE YOU SIT DOWN, I'M GOING TO OPEN IT UP TO THE TO THE BOARD TO SEE IF THEY HAVE ANY QUESTIONS. IF YOU DON'T MIND. DO YOU HAVE ANY QUESTIONS AT THIS TIME? NO QUESTIONS, NO QUESTIONS. NO. YES. NO QUESTIONS OKAY. THANK YOU SO MUCH. DO YOU HAVE A QUESTION FOR STEPH. WE DO HAVE A QUESTION FOR STEPH AND MR.. SURE. GO AHEAD. MR.. FARLEY YOU MENTIONED THAT ON THE TREE. HE'S BEEN IN THE BACK THAT NOBODY GOT BACK TO YOU ALL ABOUT AP, AT&T DO WE HAVE. OH NO. THEY DID GET BACK TO US ON THEIR RESPONSE. YES SIR. THEY DID. AND THEY HAD NO ISSUES AT ALL. SO THE RESPONSE BACK WAS FROM AP, AT&T, SPECTRUM, TEXAS GAS SERVICE AND ROYAL PRODUCTION. THOSE ARE ALL ACTIVITIES THAT ARE YES SIR, THAT HAD NO ISSUE WITH THE POOL BEING LOCATED IN THE UTILITY EASEMENT. YES, SIR. YES, SIR. WE HAVE RECORDS OF THAT. OKAY. THEY THEY FORWARDED THOSE OVER TO ME. THANK YOU. MR.. YES, SIR. SURE. THANK YOU. DO WE HAVE ANYBODY ELSE HERE IN THE THE PUBLIC THAT WOULD LIKE TO SPEAK ON BEHALF OF THIS ITEM? NO. ALL RIGHT. THEN WE'LL GO AHEAD AND CLOSE THE ITEM AND ASK THE BOARD FOR A MOTION. MOTION APPROVED. HAVE A MOTION FOR APPROVAL BY MR. ALMAGUER. I'LL SECOND THAT SECOND BY MR. CAVAZOS. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. [9. INFORMATION ONLY] MOVING ON TO OUR NEXT ITEM. WE HAVE JUST INFORMATION. DO WE HAVE ANYTHING THAT WE NEED TO DISCUSS OR TALK ABOUT? NOT NECESSARILY WHEN IT COMES TO THE BOARD OR ANYTHING, BUT TOMORROW WE DO HAVE OUR ALL AMERICAN CITY CELEBRATION. THAT'S RIGHT. THAT'S RIGHT. SO I DO INVITE YOU ALL TO COME OUT AND CELEBRATE WITH US. SOMETHING GOOD FOR THE CITY. BUT OTHER THAN THAT, JUST OUR ATTENDANCE ROSTER, AND THEN WE'RE GOOD. ALL RIGHT. THANK YOU SO MUCH. YES, SIR. THEN LET'S GO AHEAD AND I'LL GO AHEAD AND MOVE FORWARD WITH THE AGENDA OF THE MEETING. [10. ADJOURNMENT] LIKE TO OPEN IT UP FOR MOTION TO ADJOURN. MOTION TO ADJOURN. MOTION TO ADJOURN. SECOND MR. THREE SECONDS. ALL THOSE MOTION. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION CARRIES. EVERYBODY, HAVE A GOOD EVENING. THANK YOU EVERYONE. THANK YOU. APPRECIATE YOU. [00:30:28] YOU KNOW, ONE OF THE WORST THINGS THAT CAN HAPPEN. * This transcript was compiled from uncorrected Closed Captioning.