Sep 18, 2024 Zoning Board of Adjustments

[00:00:04]

EXPLAIN THIS TO ME AGAIN.

OKAY. WE GOT HAMMERED TODAY, RIGHT? YEAH, WELL, SO DID A LOT OF OUR FANS.

THEY GO TO EACH OTHER'S HOMES AND HAVE GAME WATCHING PARTIES.

WHAT HE'S SAYING IS, WHILE BOB WAS OUT THERE GETTING BLITZED. SORRY, BOB. IT'S OKAY. OUR FANS ARE GETTING BLITZED.

[1. CALL MEETING TO ORDER, ESTABLISH QUORUM]

CAN EVERYONE PLEASE JOIN ME IN PRAYER? PLEASE RISE.

[A. Prayer]

THAT WE MAY HUMBLY SERVE YOU AT THIS MEETING.

SEND YOUR HOLY SPIRIT UPON US AND REMAIN PRESENT AMONG US TO LEAD US IN OUR CONVERSATIONS AND DISCUSSIONS WE WILL HAVE.

BLESS OUR WORDS AND THOUGHTS WITH HOLINESS THAT WE MAY BE FITTING INSTRUMENTS OF YOUR GRACE. WE ASK THIS IN YOUR NAME.

AMEN. MR. GARZA, CAN YOU LEAD US IN THE PLEDGE OF ALLEGIANCE? YES. 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.

PLEASE BE SEATED. CERTIFICATION OF PUBLIC NOTICE.

[B. Pledge of Allegiance]

[2. CERTIFICATION OF PUBLIC NOTICE]

THANK YOU VERY MUCH. OUR DISCLOSURE OF CONFLICT OF INTEREST.

[3. DISCLOSURE OF CONFLICT OF INTEREST]

ARE THERE ANY CONFLICTS TO DISCLOSE RELATED TO ANY OF THE PENDING MATTERS ON TODAY'S AGENDA. THANK YOU. THANK YOU.

[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 IN FOLLOWING THESE PROCEDURES.

IS THERE ANYONE HERE THAT WOULD LIKE TO MAKE PUBLIC COMMENTS? OKAY. WOULD YOU LIKE TO APPROACH THE PODIUM, PLEASE? AND PLEASE STATE YOUR NAME FOR THE RECORD.

YES, MY NAME IS NORMA GUERRA, AND I'M A RESIDENT HERE IN EDINBURG.

I LIVE AT 509 WEST VAN WEEK.

AND I'M HERE BECAUSE I RECEIVED A NOTICE OF THEY'RE LOOKING TO DO BUILD SOME APARTMENTS RIGHT NEXT DOOR. AND THEY WANT TO INCREASE THE SIZE OF THE USUAL ALLOTMENT.

I THINK THEY WERE WANTING TO DO A SIX UNIT APARTMENT.

THEY WANT TO CHANGE THAT TO AN EIGHT UNIT APARTMENT.

I REALLY DON'T EVEN SEE HOW THEY COULD GET SIX INTO ONE RESIDENTIAL LOT.

AND SO I JUST WANTED TO BRING UP MY OBJECTIONS ON THAT.

WE LIVE TWO BLOCKS FROM THE UNIVERSITY, SO EVERY YEAR, BEGINNING OF THE SCHOOL YEAR AND THROUGHOUT THE YEAR, WE GET FLOODED WITH TRAFFIC UP AND DOWN VAN WEEK. WE HAVE CARS PARKING ON THE SIDE OF THE STREET, UNTOLD TRAFFIC AT ALL HOURS OF THE DAY BECAUSE COMMUTERS ARE COMING IN AND OUT.

AND I BELIEVE HAVING ANOTHER APARTMENT COMPLEX RIGHT IN THAT AREA IS JUST GOING TO CONGEST US. AND WE ALREADY HAVE ABOUT 3 OR 4 MONTHS AGO, THEY COMPLETED WORK ON A DUPLEX THAT WAS JUST THREE HOMES AWAY FROM THE PLACE WHERE THEY WANT TO BUILD THESE NEW APARTMENTS.

SO I AM CONCERNED WITH THE TRAFFIC DENSITY IN THAT AREA.

ALSO, THEY'RE CHANGING THE SETBACKS TO WHERE THE BUILDINGS ARE GOING TO GO, AND THAT WOULD MOVE IT TO SIX FEET FROM 15FT AWAY FROM MY PERSONAL LINE.

AND I BELIEVE THAT IN ORDER TO BUILD THESE TYPE OF UNITS, THEY WOULD HAVE TO BUILD UP, I'M ASSUMING, RIGHT, IF THEY'RE GOING TO HAVE THAT MANY UNITS, THAT WOULD GIVE THEM DIRECT LINE OF SIGHT INTO MY HOME AND MY PROPERTY, WHICH WOULD MAKE US FEEL UNCOMFORTABLE, YOU KNOW, HAVING PEOPLE LOOKING INTO OUR AREA.

THE OTHER THING I THINK IT'S GOING TO CAUSE PROBLEMS AND I'M CONCERNED WITH IS MY PROPERTY TAXES HAVE INCREASED ALMOST THREE TIMES THE AMOUNT THAT THEY WERE JUST A FEW YEARS AGO. BRINGING IN ANOTHER PROJECT LIKE THIS.

I'M AFRAID IT'S GOING TO BRING UP THE PROPERTY VALUES AGAIN AND INCREASE MY PROPERTY TAXES EVEN MORE THAN THEY ALREADY HAVE.

IT WENT FROM LIKE NO JOKE FROM LIKE $40,000 PROPERTY VALUE TO $100,000 PROPERTY VALUE IN

[00:05:08]

SO I THINK THAT'S A RIDICULOUS AMOUNT OF MORE THAN 50%.

AND THEN, AND I DID SUBMIT AN EMAIL WITH THESE CONCERNS, SO I'M NOT SURE IF ANYBODY WAS ABLE TO TO REVIEW THEM, BUT I DID I DID SUBMIT THESE.

YES. THERE IS A THREE MINUTE OH.

I'M SORRY. OKAY. I DON'T KNOW IF I ALREADY WENT PAST THAT.

YES, BUT WE WILL BE DISCUSSING THIS ITEM AGAIN SO YOU COULD BRING UP MORE COMMENTS AT THAT TIME. I HAVE EXTRA COPIES IF YOU WANT TO PASS THESE OUT.

THEY ARE OKAY. THEY'RE IN THE EMAIL. THANK YOU.

THANK YOU VERY MUCH FOR YOUR COMMENTS. THANK YOU. IS THERE ANYBODY ELSE HERE WITH PUBLIC COMMENTS. OKAY, NEXT WE'LL MOVE ON TO ITEM FIVE.

THE FOLLOWING ARE THE MEETING PROCEDURES USED BY THE ZONING BOARD OF ADJUSTMENT.

[5. THE FOLLOWING ARE THE MEETING PROCEDURES USED BY THE ZONING]

[A. All items are generally considered as they appear on the agenda as each item is introduced.]

[BOARD OF ADJUSTMENT:]

[B. Staff will present its findings and recommendation on the item being considered.]

[C. 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.]

[D. Anyone in the audience desiring to speak in favor or in opposition may do so. A three (3)]

[E. Once the Chair closes the public hearing, the Board may question anyone and maintain any]

[F. A minimum of four votes are required for an item to be approved by Board.]

ONCE THE CHAIR CLOSES THE PUBLIC HEARING, THE BOARD MAY QUESTION ANYONE AND MAINTAIN ANY DISCUSSION. DISCUSSION WHICH CLARIFIES THE PROPOSAL AND WILL THEN TAKE THE ACTION IT BELIEVES TO BE APPROPRIATE.

A MINIMUM OF FOUR VOTES ARE REQUIRED FOR AN ITEM TO BE APPROVED.

[6. PUBLIC HEARINGS]

[A. Request By Michael & Monica Vasquez for a Variance to the City of Edinburg Unified]

HIDALGO COUNTY, TEXAS.

OKAY. THANK YOU. GOOD EVENING.

MY NAME IS RICARDO FARLEY, ONE OF THE PLANNERS HERE WITH THE CITY OF EDINBURGH. SO THE FIRST ITEM THAT WE ARE GOING TO DISCUSS HAS TO DEAL WITH CONSTRUCTION OF A GARAGE.

LET ME BRING THIS UP HERE.

ONE MOMENT, PLEASE. OH, OKAY.

AND THEN IF YOU WANT TO GO BACK. OKAY.

THANK YOU. OKAY, SO HERE WE SEE A SITE PLAN WHERE THE APPLICANT IS PROPOSING TO BUILD A GARAGE. IT'S GOING TO BE SITUATED IN THIS LOCATION.

HERE IS CANTON ROAD. IT FRONTS HERE.

AND THIS IS OCEAN VIEW.

SO THIS JUST KIND OF GIVE US A LITTLE OVERVIEW.

SO WE SEE HERE THAT THE GARAGE IS PROPOSED TO BE TWO STORIES.

AND THIS JUST KIND OF GIVES US A MENTAL IMAGE OF WHAT THE PROPOSAL IS HERE.

SO THE APPLICANT IS SEEKING A VARIANCE TO THE UNIFIED DEVELOPMENT CODE ARTICLE THREE AS IT APPLIES TO SETBACKS. THE APPLICANT IS PROPOSING TO BUILD THIS GARAGE AND TO HAVE A NINE FOOT, EIGHT INCH ENCROACHMENT INTO TO WHERE A 20 FOOT REAR SETBACK IS REQUIRED.

SO THEREFORE THE GARAGE WAS SET TEN FEET FOUR INCHES FROM THE REAR PROPERTY LINE.

SO A LITTLE BIT ABOUT THE LOCATION OF THIS GARAGE.

THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF WEST CANTON ROAD.

IT IS ZONED RESIDENTIAL PRIMARY, LOCATED ABOUT 700FT WEST OF SOUTH SUGAR ROAD.

ADJACENT ZONING IS RESIDENTIAL PRIMARY DISTRICT TO THE NORTH, SOUTH AND WEST. AND MANUFACTURED HOME DISTRICT TO THE EAST.

THE LAND USES IN THIS AREA ARE SINGLE FAMILY RESIDENTIAL USES.

SO WE'RE GOING TO LOOK AT A LITTLE BIT OF THE BACKGROUND, AND WE'RE GOING TO SEE WHAT BROUGHT US HERE TONIGHT.

SO ON JUNE THE 24TH THE APPLICANT SUBMITTED A BUILDING PERMIT FOR AN ATTACHED GARAGE.

AGAIN, THE GARAGE IS GOING TO BE ATTACHED TO THE HOUSE TO BE BUILT IN THE REAR SETBACK OF THE PROPERTY. SO STAFF, WE REVIEWED THE BUILDING PERMIT AND WE NOTICED THE ENCROACHMENT.

NOW, IN ORDER FOR THIS PROPERTY TO EXPAND OR TO BUILD ADDITIONAL RESIDENTIAL ON THIS HOUSE, THEY HAD TO USE WHAT WE CALL A PLANNING TOOL.

YOU KNOW, THERE'S MANY DIFFERENT TOOLS FOR PLANNING.

AND ONE OF THE TOOLS IS A CERTIFICATE OF COMPLIANCE, WHICH ALLOWS FOR THE CONSTRUCTION OF RESIDENTIAL BUILDINGS BECAUSE THIS PROPERTY

[00:10:04]

AND THEY RECEIVED THAT CERTIFICATE.

SO THEY ARE ALLOWED TO EXPAND CONSTRUCTION FOR RESIDENTIAL BUILDINGS.

SO WE STAFF MAILED NOTICES OF THIS VARIANCE REQUEST TO 35 NEIGHBORING PROPERTIES.

AND AS OF THIS MOMENT, WE HAVE RECEIVED NO COMMENTS IN FAVOR OR AGAINST GRANTING THIS REQUEST.

SO THE PLANS, THE PLANS THAT WE SEE RIGHT HERE, THIS SITE PLAN SHOWS 29FT BY 24FT.

PROPOSED TWO CAR GARAGE TO BE BUILT TEN FEET FOUR INCHES FROM THE REAR PROPERTY LINE.

SO HERE'S THE REAR PROPERTY LINE.

THERE'S A DIMENSION HERE, AND THAT DIMENSION IS TEN FEET, FOUR INCHES. THEREFORE, IT WOULD ALSO BE ATTACHED TO THE PRINCIPAL STRUCTURE BY A BREEZEWAY.

THE SETBACKS FOR THIS ZONING DISTRICT ARE 20 IN THE FRONT SIDE CORNER TEN.

SO THIS IS A SIDE CORNER.

SO THE SETBACK HAS TO BE TEN FEET.

BUT SINCE THEY'RE GOING TO HAVE A GARAGE THIS SETBACK HAS TO BE 18FT WHICH THEY ALSO MEET.

AND THE REAR SETBACK IS 20FT.

THE OUTCOME STATED THAT THE PURPOSE FOR THE ACCESSORY STRUCTURE IS TO HAVE A GARAGE FOR HIS VEHICLES. SO STAFF RECOMMENDS DENIAL THE VARIANCE REQUEST.

HOWEVER, THE BOARD COULD CONSIDER APPROVING THIS VARIANCE REQUEST, AND IF SO, THEN THE APPLICANT WOULD NEED TO PAY A RECORDING FEE AND MEET ALL APPLICABLE BUILDING CODES AND ORDINANCES.

I BELIEVE THE APPLICANT IS HERE THIS EVENING.

IS THE APPLICANT OR HIS REPRESENTATIVE HERE? PLEASE APPROACH THE PODIUM AND STATE YOUR NAME FOR THE RECORD.

GOOD EVENING, GENTLEMEN.

I'M ACTUALLY THE CONTRACTOR.

AND MR. VASQUEZ IS IS ALSO HERE, RIGHT BEHIND ME.

JUST WANT TO MAKE A COUPLE OF COMMENTS.

JUST A QUICK CORRECTION. IT'S GOING TO BE A ONE STORY.

THE ADDITIONAL STAIRCASE IS JUST FOR, LIKE, STORAGE SPACE.

WE'RE GOING TO BE BUILDING WITH TRUSSES WITH APPROPRIATE FOR, FOR THE WEIGHT BEARING.

SO IT'S GOING TO BE A ONE STORY GARAGE.

ESTHETICALLY IT'S GOING TO LOOK LIKE PART OF THE HOUSE ATTACHED BY THE ATTACHED BY THE BREEZEWAY STUCCO FINISH OUT.

AND ALL THAT, REALLY? JUST MR. VASQUEZ, MIKE BOUGHT THIS HOME ABOUT SEVEN YEARS AGO.

HE PROBABLY PUMPED ABOUT ANYWHERE BETWEEN 150 TO 175,000 IN THE IN THE ACTUAL REMODEL.

THIS SIDE RIGHT HERE. IT'S JUST BEEN IT'S KIND OF, I GUESS I DON'T WANT TO CALL IT AN EYESORE. HE'S BEEN WANTING TO DO IT, AND NOW IT'S BEEN, I GUESS, AN ECONOMICALLY BENEFICIAL BENEFIT FOR HIM, FOR HIM TO GO AHEAD AND DO IT.

SO THIS IS KIND OF WHERE WE STOPPED.

IT'S MORE JUST FOR HIS VEHICLE'S LIABILITY.

KIDS COMING HOME FROM SCHOOL, PARKING IN AND THE WEATHER INCREMENTS AND STUFF LIKE THAT. SO IT'S ACTUALLY JUST FOR HIM TO BE PARKING HIS VEHICLES, ACTUALLY, YOU KNOW, IN A STORAGE IN A IN A IN AN ACTUAL GARAGE THAT'S ATTACHED TO THE HOUSE. I'M GOING TO LET MR. VASQUEZ REAL QUICK GO INTO THE THREE MINUTES.

HI THERE GUYS. MY NAME IS MICHAEL VASQUEZ.

I LIVE HERE IN THE CITY OF EDINBURG.

LIKE NACHO SAID, WE BOUGHT THIS PROPERTY ABOUT SEVEN YEARS AGO TO BE OUR FOREVER HOME.

AND WE DIDN'T REALLY HAVE MONEY FOR THE BUDGET TO BE ABLE TO DO A GARAGE.

NOW, GOD WILLING, EVERYTHING IS GOING TO GO RIGHT AND WE'LL BE ABLE TO DO THAT.

CAN I ANSWER ANY QUESTIONS FROM YOU GUYS? I DO HAVE A QUESTION FOR STAFF, ACTUALLY. YES, SIR. THANK YOU.

YES, SIR. MR. FARLEY, ON THE DENIAL FROM STAFF.

WHAT WAS THE REASON BEHIND IT? WHAT IS THE NOTES ON THAT? WELL, THE THE DENIAL IS FOR THE REASON BEING, HE REQUIRES A 20 FOOT REAR SETBACK.

OKAY. OKAY. NOW, HOWEVER, IF YOU STOP AND LOOK HERE.

SO THIS IS THE AREA THAT THEY'RE PROPOSING TO BUILD IN RIGHT HERE.

YES, SIR. OKAY. AND HE ALSO DID INCLUDE A SURVEY OF THE PROPERTY.

THERE ARE NO EASEMENTS IN THAT PARTICULAR AREA.

IT'S JUST THAT THE CODE REQUIRES 20 FOOT REAR SETBACK BASED ON BASED ON THE ZONING DISTRICT. THANK YOU, MR. FARLEY. SURE. I HAVE A QUESTION AS WELL.

ON THE LAYOUT, IT SEEMS LIKE IT HAS STAIRS GOING UP TO THE SECOND FLOOR.

I KNOW THEY MENTIONED STORAGE, BUT IS THE ENTIRE AREA GARAGE SPACE OR ONLY A CERTAIN. NO, IT'S ALL GOING TO BE.

GARAGE SPACE IS JUST FOR FOR THE BUSINESS PURPOSES FOR LIKE BOXES AND STUFF.

ADDITIONAL INVENTORY AND STUFF THAT THEY KEEP. THEY'RE GOING TO HE WANTED TO HAVE INSTEAD OF HAVING YOUR STANDARD PULL DOWN LADDER, HE WANTED TO HAVE AN ACTUAL STAIRCASE BECAUSE SOME OF THE BOXES CAN GET HEAVY. AND THAT'S WHY WE'RE GOING TO BUILD IT OUT WITH WITH TRUSSES IN BETWEEN INSTEAD OF YOUR STANDARD JOISTS. SENATOR. SENATOR.

JOYCE. PACKAGE. SO IS THE PLAN THAT WE'RE SEEING.

IS THAT LIKE THE TWO STOREY PLAN, THE SECOND STOREY? WELL, IT'S HE CALLED IT A SECOND STOREY, BUT AGAIN, THERE'LL BE NOTHING UP THERE. THERE'LL BE NO BATHROOM OR ANYTHING. IT'S JUST GOING TO BE JUST FOR STORAGE OF EXTRA BOXES, CHRISTMAS DECORATIONS, THINGS LIKE THAT, THINGS OF THAT NATURE THAT NORMALLY YOU WOULD STORE IN LIKE A STORAGE ROOM SPACE. MR. CHAIRMAN, IF I MAY, FOR THE RECORD,

[00:15:04]

THANK YOU. THANK YOU. INTERESTING.

SO LET ME ASK A QUESTION REAL QUICK.

IS THERE'S NO PLUMBING, NO PLUMBING OR ANYTHING IN THIS STRUCTURE.

CORRECT? JUST LIKE A URINAL AREA.

LIKE A HALF BATH TYPE THING.

JUST TO RINSE YOUR HANDS.

AND A URINAL ON THE WALL.

NOTHING. NOTHING MORE THAN THAT. WE'RE NOT GOING TO ENCLOSE ANY TYPE OF BATHROOM OR ANYTHING THAT'S NOT PART OF THE FLOOR PLAN. I GUESS THE CONCERN IS THAT, YOU KNOW, WE'RE LOOKING AT THE PLAN AND IT KIND OF LOOKS LIKE A, A LAYOUT FOR SOMETHING ELSE BESIDES A GARAGE.

BUT I CAN SEE THAT'S WHY I WAS ASKING, IS THIS THE SECOND FLOOR LAYOUT OR A COMBINATION OF THE FIRST AND THE SECOND? SO IT KIND OF BROUGHT UP I ACTUALLY BROUGHT A COUPLE A FEW RENDERINGS.

IF Y'ALL WANT TO. I'M GOING TO PASS THEM OUT. I JUST BOUGHT LIKE THREE COPIES. YEAH. WHAT IS IT? THANK YOU. THANK YOU.

SO IT'S GOING TO LOOK LIKE THE HOUSE. ESSENTIALLY, WHAT I WANTED WAS A VERY WELL BUILT ATTIC.

SOMETHING THAT WE'RE NOT PULLING DOWN A LADDER AND TRYING TO PUT BOXES UP IN THERE.

SOMETHING THAT I COULD GO UP THERE WITH STAIRS AND NOT FALL.

AND IT'S A VERY UNIQUE LOT.

I KNOW THAT LOT. AND IT SAYS THE REAR PART OF THE LOT.

BUT IN A IN A SENSE, IT'S KIND OF LIKE THE RIGHT SIDE OF THE LOT.

I WOULD CONSIDER THE REAR SIDE TO BE ON THE EAST SIDE OF THAT, OF THAT LOT, AND THEN YOU HAVE YOUR.

BUT THEN AGAIN, YOU KNOW, YOUR ADDRESS IS CANTON ROAD.

SO I SEE WHERE THAT REAR COMES INTO PLAY FOR, FOR THE CONCERN. IF WE DID IT, IF WE LOCATED IT, RELOCATED IT SOMEWHERE ELSE LIKE OFF OF CANTON.

THAT'S A BIG LIABILITY IN TERMS OF TRAFFIC MORNINGS, AFTERNOONS FOR SCHOOL.

SO IT'S JUST ALREADY IT'S ALREADY A HEADACHE TRYING TO GET IN AND OUT OF THAT ROAD.

AND ALSO, MIKE DID MENTION TO ME THE OTHER DAY ESTHETICALLY, FOR THE NEIGHBORHOOD, THAT SIDE IS AGAIN, HE WANTS TO DRESS IT UP FOR THE REMAINING OF THE THE WINDROSE ESTATES THAT'S BEHIND HIM.

IT WOULD ACTUALLY ESTHETICALLY LOOK NICER BECAUSE NOW HE'LL ACTUALLY HAVE A GARAGE THERE, REAL NICE UP, AND LATER ON HE PLANS A FENCE IT BACK IN AND EVERYTHING SO THAT THAT TRIANGLE LETTER LOOKING PIECE.

WHAT IS THAT GOING TO BE? IT'S IN THE OTHER PAGE.

I THINK IT'S THE ONE PREVIOUS TO THAT ONE.

YEAH. IT'S A LITTLE TRIANGLE.

NO, THAT'S THE PIECE. THAT'S JUST THE PITCH OF THE ROOF AND THE BACK WHERE THE PATIO IS AT, BECAUSE THE VEHICLES OBVIOUSLY ARE GOING TO BOTH VEHICLE THE SIDE ROAD OFF OCEAN VIEW.

THAT'S JUST ANOTHER SINGLE GARAGE. SO YOU CAN OPEN UP LIKE A LITTLE PATIO AREA FOR HIS BACKYARD. KIND OF LIKE A STOOL, A DUAL USE.

SO THE CONNECTION WOULD BE ON THE BREEZEWAY BETWEEN THE HOUSE.

THERE'S A LITTLE BREEZEWAY RIGHT THERE BETWEEN THE HOUSE AND THE GARAGE. YEAH. FOR CODE. FOR SEPARATION CODE.

WE HAD A WE ATTACHED THE BREEZEWAY.

SO IT'S GOING TO BE 100% LOOKING AT THE HOUSE. IT'S GOING TO HAVE LIKE AN OFF WHITE STUCCO SHINGLES TO MATCH THE HOUSE AND EVERYTHING.

IT'LL LOOK LIKE IT WAS ORIGINALLY PART OF THE HOUSE ON THE SEPARATION. WHAT IS THE SEPARATION? I'M TRYING TO ZOOM IN ON THIS LAYOUT YOU ALL HAVE HERE.

WHAT ARE YOU GOING FOUR FEET.

SIX FEET? NO, IT'S. I THINK IT'S EIGHT FEET.

ACTUALLY, EIGHT SEPARATION CODE WAS 12.

SO IN ORDER FOR IT TO MEET THE CODE IN GENERAL, WE WOULD NEED TO ATTACH THE HOUSE BY THE BREEZEWAY. OKAY.

THANK YOU. YOU'RE WELCOME.

YEAH. SO BY ATTACHING THE HOUSE TO THE BREEZEWAY, ESSENTIALLY TO BECOME AN EXTENSION OF THE HOUSE.

IS THERE ANYONE ELSE IN THE PUBLIC WISHING TO MAKE ANY COMMENTS? AND MR. FARLEY, QUESTION FOR YOU ON, ON THE ON THE SOUTH SIDE OF THE PROPERTY WHERE WE HAVE THAT 20 FOOT EASEMENT.

IS THERE ANY UTILITIES THAT RUN THROUGH THERE OR ANYTHING? THAT'S. NO, SIR. THERE IS NO 20 FOOT EASEMENT THERE ON THE REAR.

THEY'RE DRAFTSMEN ACTUALLY KIND OF MISLEADING THEIR DRAFTSMEN IN SAYING THAT IT'S HE CALLS IT A 20 FOOT SETBACK. OKAY.

SO IF YOU GO TO THE SURVEY HERE, LET ME FIND THE SURVEY IS A SURVEY OF THE PROPERTY THAT WAS DONE BY A NOTABLE ENGINEER HERE IN TOWN.

THERE IS NO 20 FOOT EASEMENT THERE IN THE REAR.

SIR. OKAY. IT'S JUST THE DRAFTSMEN CALLED IT OUT.

20 FOOT SETBACK, AND IT KIND OF GIVES THAT ILLUSION THAT IT'S AN EASEMENT, BUT IT'S NOT. IF THIS LOT WERE WERE TO BE PART OF THE OCEAN VIEW, THE REST OF THE SUBDIVISION, THAT THE FRONT WOULD HAVE BEEN OFF OF OCEAN VIEW. RIGHT. SO IT'S TO ME, THIS IS PROBABLY THE BEST PLACE TO PUT THIS GARAGE. YES, IT'S THE BEST PLACE TO PUT IT, BECAUSE IF YOU WERE GOING TO CALL OCEAN VIEW THE FRONT, HE WOULDN'T BE ALLOWED TO PLACE IT THERE BECAUSE THEN YOU WOULD HAVE AN ACCESSORY STRUCTURE IN THE FRONT YARD, ESSENTIALLY.

[00:20:04]

WE ONLY ALLOW ONE DRIVEWAY.

BUT HE'S SAYING THAT HE'LL KNOCK OUT THE EXISTING ONE.

OKAY. WHATEVER WE NEED TO DO TO WORK WITH THE BUILDING DEPARTMENT OR THE ZONING DEPARTMENT, WE'RE WILLING TO DO IT. IT'S AN OLD ASPHALT. THAT'S WHAT I'M SAYING. ESTHETICALLY, IT WOULD REALLY DRESS UP THAT CORNER AS PEOPLE ARE DRIVING IN AS WELL.

SO WE'RE WE'RE HE ACTUALLY HAD SOME PLANS OF DOING A LITTLE CONNECTION SIDEWALK. SO WE WERE ALREADY KIND OF IN THE TALKS ABOUT BRINGING IN THE, BRINGING IN THE, THE, THE MACHINERY JUST TO GO AHEAD AND KNOCK OUT THAT THAT OLD ASPHALT DRIVEWAY.

SO I TOLD THEM THEY WOULD ONLY ALLOW ONE CURB CUT AS WELL.

RIGHT. THAT'S RIGHT. YEAH.

OKAY. SO WHAT I'LL DO NOW IS I'LL CLOSE THE DISCUSSION ON THIS ITEM AND ASK THE MOTION FROM THE BOARD. A MOTION TO APPROVE REQUEST WITH WITH THE CONDITION OF THE DRIVEWAY, THE OTHER DRIVEWAY TO BE KNOCKED OFF.

SO THAT WAY WE CAN BE IN CODE.

I SECOND THAT MOTION. I HAVE A MOTION FROM MR. VAZQUEZ TO APPROVE THE REQUEST.

SUBJECT TO REMOVING THE EXISTING DRIVEWAY ONLY, AND ONLY HAVING ONE DRIVEWAY AND MEETING CODE FOR THE CITY AND MEETING CODE FOR THE THE BUILDING DEPARTMENT. AND I HAVE A SECOND FROM MR..

FROM MR. REESE. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES.

THANK YOU. THANK YOU. THANK YOU.

I APPRECIATE YOU GUYS. THANK YOU SIR.

THANK YOU SIR. MADAM. THIS IS THE FRONT OF THE HOUSE.

[B. Request By Hakes Brothers Matx LLC for a Variance to the City of Edinburg Unified Development]

MATT MATT X, LLC FOR A VARIANCE TO THE CITY OF EDINBURG UNIFIED DEVELOPMENT CODE TO ALLOW AS FOLLOWS. THE RESIDENTS TO ENCROACH 5.5IN INTO THE FRONT 20FT.

FRONT. SETBACK AT LOT 80 ALBERTA HEIGHTS SUBDIVISION.

HIDALGO COUNTY, TEXAS 4821 SOUTH MARKLAND AVENUE.

OKAY, SO THIS APPLICANT IS SEEKING A VARIANCE TO THE UNIFIED DEVELOPMENT CODE ARTICLE THREE AS IT APPLIES TO SETBACKS.

THE APPLICANT IS PROPOSING TO ALLOW THE RESIDENTS TO ENCROACH 5.5IN INTO THE FRONT, 20 FOOT FRONT SETBACK.

SO HERE'S THE 5.5IN HERE THAT THEY WANT TO ENCROACH ENCROACHING RIGHT HERE.

THE POINT HERE THAT'S PROJECTING OUT.

SO NOW WE'RE GOING TO SEE WHAT LED US TO THIS POINT AND HOW THIS CAME TO OUR ATTENTION.

SO THIS PROPERTY IS LOCATED ON THE WEST SIDE OF SOUTH MARKLAND AVENUE APPROXIMATELY 116FT WEST OF PURSLANE STREET IS ZONED RESIDENTIAL PRIMARY DISTRICT.

THE LAND USES ARE SINGLE FAMILY RESIDENTIAL USES IN ALL DIRECTION.

THIS PART. THIS LOT IS PART OF ALBERTA HEIGHTS LANDING SUBDIVISION, WHICH IS ONE OF OUR NEWEST DEVELOPMENT, BEING RECORDED IN MARCH OF 2023.

SO THE APPLICANT SUBMITTED A BUILDING PERMIT FOR A NEW RESIDENTIAL HOME IN JULY 2024.

THE PERMIT WAS ISSUED ON THAT SAME DATE THERE WAS A PRE POUR SURVEY AND A FOUNDATION INSPECTION, AND EVERYTHING WAS PASSED BY STAFF.

SO THE POINT IS, HOW DID THIS VARIANCE HAPPEN? WELL, ON AUGUST. SO WHAT HAPPENED IS THAT AN APPLICATION REQUEST FOR VARIANCE WERE RECEIVED ON SEPTEMBER THE 3RD.

BUT THE POINT IS WHAT TRIGGERED IT.

SO IF YOU GO BACK HERE, HERE'S THE PRE-POST SURVEY HERE.

YOU DON'T SEE ANY ENCROACHMENTS IN THIS REPORT SURVEY.

HERE'S THE PLAN HERE. SO LATER, WHAT THEY DID AFTER EVERYTHING WAS PASSED BY STAFF, THEY CAME BACK AND THEY PRESENTED THIS PLOT PLAN.

OR, YOU KNOW, SOME PEOPLE CALL IT A SITE PLAN THAT SHOWS AN ADDITIONAL 5.5IN HERE.

SO IN THE ANALYSIS, LET'S SEE WHAT HAPPENED.

IT SAYS ON AUGUST THE 2ND, 2024 PLANS RECEIVED BY THE CITY SHOWED A 5.5IN ENCROACHMENT AT THE FRONT, SETBACK THAT WAS NOT INCLUDED IN THE ORIGINAL SITE PLAN THAT WAS SUBMITTED FOR BUILDING PERMIT.

SO THIS ENCROACHMENT WAS NOT INCLUDED IN THAT ORIGINAL SITE PLAN? OKAY. FOR BUILDING PERMIT.

THE SETBACKS FOR THIS ZONING DISTRICT ARE 20 IN THE FRONT, SIX ON THE SIDE AND THE REAR 20.

SO THE APPLICANT STATES THAT THE PURPOSE OF THE ENCROACHMENT IS FOR THE CLIENT TO HAVE A DIFFERENT FLOOR PLAN. SO REALLY, WE REALLY DID NOT GET THE FULL PICTURE OF WHAT HAPPENED AFTER STAFF APPROVED IT ON THE PLAN REVIEW, AFTER STAFF WENT OUT AND DID A FOUNDATION PLAN AFTER STAFF REVIEWED THE PRE-POST SURVEY IS UNCLEAR TO US WHAT REALLY HAPPENED ON THAT 5.5IN SHOWED UP ON THIS PLOT PLAN.

[00:25:02]

SO STAFF RECOMMENDS DENIAL, THE VARIANCE REQUEST HERE.

AGAIN, IF THE BOARD DECIDES TO APPROVE THIS VARIANCE REQUEST, HE WOULD HAVE TO MEET ALL APPLICABLE BUILDING CODES AND ORDINANCES AND PAY A RECORDING FEE.

THANK YOU, MR. FARLEY.

OKAY, I'LL OPEN THE ITEM UP FOR PUBLIC COMMENTS.

DO WE HAVE THE APPLICANT HERE TO SPEAK ON BEHALF OF THE ITEM.

YES, SIR. CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? JACK POLLOCK. OKAY, MR. POLLOCK, THANK YOU. I'M NOT.

I'VE NEVER DONE THIS BEFORE.

I HAVE NO IDEA. ESSENTIALLY, WHAT HAPPENED IS I PRETTY MUCH MESSED UP.

OUR ENGINEER SENT THE WRONG FRONT ELEVATION FOR THE HOUSE.

WE DO FOUR DIFFERENT ELEVATIONS FOR EACH PLAN, AND MY FOUNDATION GUY BUILT THAT.

AND THEN WE SAW WHEN WE STARTED FRAMING, WE WERE SHORT ON WHAT WE NEEDED TO BUILD.

IT'S A SOLD HOUSE, SO WE'RE TRYING TO ACCOMMODATE THE CUSTOMER.

I POPPED IT OUT AND THEN I CALLED THE ENGINEER AND THEY SAID, WELL, WE NEED TO GET A VARIANCE.

SO THEY'RE THEY'RE GOING TO PAY FOR WHATEVER THE VARIANCE IS OR THE COST AND WE'LL GO FROM THERE. BUT ESSENTIALLY JUST KIND OF MESSED UP IS THE THE ENCROACHMENT.

IS THAT LIKE A BAY WINDOW OR NOT LIKE A BAY WINDOW? YEAH, IT'S A LITTLE POP OUT, POP OUT WINDOW.

OH, ENCROACHMENT. EXCUSE ME.

IT'S THIS PART HERE PROJECTING OUT.

AND IT'S PART OF THE FOUNDATION.

DOES THE BOARD HAVE ANY QUESTIONS? WE HAVE. THAT WHOLE STREET IS OURS.

SO, YOU KNOW, IT'S NOT, I DON'T THINK, GOING TO BE AN ISSUE.

I MEAN, I KNOW IT'S NOT GOING TO BE AN ISSUE WITH THAT BECAUSE WE OWN EVERY LOT ON BOTH SIDES. OKAY. IS THERE ANY ANYONE ELSE IN THE PUBLIC THAT WOULD LIKE TO MAKE A COMMENT? THANK YOU. THANK YOU, MR. POLLACK. THANK YOU. SO I WILL NOW CLOSE THE DISCUSSION ON THIS ITEM AND ASK A MOTION FROM THE BOARD. MOTION TO APPROVE THE REQUEST.

I HAVE A MOTION FOR APPROVAL FROM MR..

AND I SECOND THAT MOTION.

I HAVE A SECOND FROM MR. GARZA TO APPROVE THE MOTION.

ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN.

MOTION PASSES. THANK YOU.

MOVING ON TO ITEM SIX, C REQUEST BY ANY PROFESSIONAL SOLUTION,

[C. Request By E&E Professional Solution LLC for a Variance to the City of Edinburg Unified]

OKAY, SO BEFORE WE BEGIN, IF YOU LOOK AT THE PICTURE HERE, THIS IS AN ILLUSTRATION OF WHAT THE APPLICANT IS PROPOSING TO BUILD AN APARTMENT.

AND AN APARTMENT MEETS HAVE TO HAVE CERTAIN SETBACKS, CERTAIN LOT AREA AND LOT WIDTH.

AND NOW WE CAN SINCE WE HAVE A MENTAL IMAGE OF THIS HERE WE SEE THAT THE APPLICANT IS SEEKING A VARIANCE TO THE UNIFIED DEVELOPMENT CODE ARTICLE THREE, AS IT APPLIES TO LOT DIMENSIONS AND SETBACKS.

SO REALLY THERE'S FOUR DIFFERENT THERE'S FOUR DIFFERENT VARIANCES THAT THIS APPLICANT IS ASKING FOR. THE APPLICANT IS PROPOSING TO BUILD AN APARTMENT BUILDING, NUMBER ONE, TO HAVE A 53 FOOT LOT WIDTH INSTEAD OF 100 FOOT MINIMUM REQUIRED BY CODE.

THAT'S WHAT'S REQUIRED BY CODE TO HAVE AN APARTMENT BUILDING AND TO HAVE A 7526 SQUARE FOOT LOT INSTEAD OF THE 12,000 SQUARE FOOT MINIMUM REQUIRED.

THE SECOND AND THE THIRD IS TO HAVE A SIX FOOT SIDE YARD SETBACK, WHERE A 15 FOOT SETBACK YARD SETBACK IS REQUIRED.

AND THE LAST ONE IS TO HAVE EIGHT UNITS INSTEAD OF SIX UNITS MAXIMUM FOR APARTMENTS.

SO THESE APARTMENTS ARE LOCATED ON THE NORTH SIDE OF WEST VAN VLIET STREET,

[00:30:03]

SO ON JUNE THE 4TH, THE APPLICANT THE PROPERTY WAS REZONED TO RESIDENTIAL PRIMARY DISTRICT FROM RESIDENTIAL PRIMARY DISTRICT TO RESIDENTIAL MULTIFAMILY.

SO THERE WAS A REZONING THAT TOOK PLACE ON THIS LOT AND IT WAS REZONED TO MULTIFAMILY ADJACENT ZONING IS RESIDENTIAL PRIMARY DISTRICT TO THE EAST AND WEST, COMMERCIAL GENERAL DISTRICT TO THE NORTH, AND RESIDENTIAL MULTIFAMILY DISTRICTS TO THE SOUTH. THE LAND USES ARE SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL USES AND COMMERCIAL USES. SO I THINK THE KEY THING IS HE DID GET APPROVED TO REZONE THIS PROPERTY TO MULTIFAMILY. THIS PROPERTY IS PART OF THE ORIGINAL TOWN SITE.

THAT'S SOMETHING TO KEEP IN MIND AS WE MOVE FORWARD, ESPECIALLY ONCE WE GET INTO PARKING.

SO ON JUNE THE 17TH, 2024, THE APPLICANT SUBMITTED A BUILDING PERMIT FOR AN APARTMENT BUILDING.

STAFF REVIEWED THE BUILDING PERMIT AND NOTICED THAT THE PROPOSED APARTMENT DOES NOT MEET THE REQUIRED SETBACKS, LOT DIMENSIONS AND DENSITY.

AN APPLICATION REQUEST FOR VARIANCE WAS RECEIVED ON SEPTEMBER THE 3RD.

NOW, STAFF DID NOTICE THIS VARIANCE REQUEST TO 38 NEIGHBORING PROPERTIES? AND WE DID RECEIVE TWO NOTICES AGAINST AGAINST GRANTING THE VARIANCE.

THE APPLICANT SUBMITTED A SITE PLAN SHOWING THIS PROPOSED STRUCTURE WITH EIGHT DWELLING UNITS WITH EIGHT DWELLING UNITS, ALL UNDER ONE ROOF, AS WE SEE HERE. THE SETBACKS AGAIN FOR THE APARTMENTS ARE 20 FRONT, SIDE AND REAR. 20. THE PROPOSED BUILDING DOES NOT MEET THE MINIMUM LOT SQUARE FOOTAGE OR LOT WIDTH. ALSO, THE LOT WOULD ONLY ALLOW FOR FOR A MAXIMUM OF SIX UNITS FOR APARTMENTS.

THE APPLICANT STATES THEY'RE TRYING TO MIRROR EXISTING APARTMENTS IN THE AREA.

SO HERE'S THE SITE PLAN THAT WAS SUBMITTED FOR THE BUILDING PERMIT.

HE DOES MEET THE FRONT SETBACK.

HE HAS 25FT HERE IN THE FRONT.

AND HE DOES MEET THE SETBACK FOR THE REAR, BUT NOT FOR THE SIDE.

HE'S ONLY PROPOSING SIX.

WERE 15 IS REQUIRED. AND AGAIN HE DOESN'T MEET THE LOT AREA OR THE LOT WIDTH OR THE DENSITY REQUIREMENTS. SO THE APPLICANT.

SO STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUEST.

IF APPROVED AGAIN HE WOULD HAVE TO PAY A RECORDING FEE AND MEET ALL APPLICABLE BUILDING CODES AND ORDINANCES.

THANK YOU, MR. FARLEY.

I'LL OPEN THE ITEM FOR PUBLIC COMMENTS.

IS THE APPLICANT HERE IN ATTENDANCE TO SPEAK ON THIS COMMENT ON THIS ITEM? NO, I'M NOT GOING. JOSEPH REECE CONTRACTOR FOR THE SITE PLAN.

WELL, MY MY CLIENT WAS LOOKING FOR THE GROWTH OF THE EDINBURGH UNIVERSITY PARK.

HE WANTED TO MAKE A ONE.

ONE BEDROOM, ONE BEDROOM APARTMENTS FOR, SAY, STUDENTS OR TEACHERS. SO THAT WAS LIKE HIS PLAN THAT HE WANTED TO GET ACROSS.

I KNOW WE ARE A LITTLE BIT BIG.

YOU COULD SAY, WE NEED A COUPLE OF VARIANCES.

THIS WOULD BE MY SECOND PROJECT.

I'M TRYING TO WORK HERE.

AND I UNDERSTAND THE LADY HER POINT OF VIEW.

I COULD ONLY SAY THAT WE'RE TRYING TO MEET.

WE COULD FIX THE WINDOWS, AND I KNOW TAXES.

THAT DOESN'T HELP THE PRESIDENT.

I'M SORRY. WE DO MEET THE SETBACKS IN THE BACK AND THE FRONT.

WE NEED 15 ON THE SIDE, AND THAT'S PRETTY MUCH IT.

THIS IS. WE'RE DOING IT FOR, LIKE, THE GROWTH OF EDINBURGH AND THE UNIVERSITY. ONE BEDROOM FOR TEACHERS AND STUDENTS.

ARE THERE ANY QUESTIONS FOR MR. LEWIS? HOW LONG AGO WAS THE VARIANCE THAT THE THE REZONING VARIANCE. HOW LONG AGO WAS THAT LIKE TWO MONTHS AGO.

TWO. THREE. THE PROPERTY WAS REZONED AND ON JUNE THE 4TH, 2022. WE DID GET THE REZONING FOR MULTIFAMILY, FOR MULTIFAMILY HIGH DENSITY.

YES, THEY DID GET THE REZONING FOR MULTIFAMILY.

THAT WAS JUNE THE 4TH, 2024.

THE PROPERTY IS ZONED FOR RESIDENTIAL PRIMARY DISTRICT TO RESIDENTIAL MULTIFAMILY.

BUT AGAIN, THAT ONLY COVERED THE REZONING, NOT THE DEVELOPMENT OF THE LOT.

SO EVEN IF THE LOT AREA IS 7400, WHICH THE MINIMUM IS 12,000, CORRECT. ONE APARTMENT.

YES, SIR. FOR FOR AN APARTMENT? YES. SO WHAT TRIGGERED THE HIGHER SQUARE FOOTAGE? IT'S MORE THAN WHAT WE TYPICALLY ASK FOR.

FOR PLATES IS THE FACT THAT HE'S BUILDING EIGHT UNITS.

AFTER YOU BUILD MORE THAN FIVE UNITS, IT DOESN'T GO FROM FROM A MULTIPLEX ANYMORE.

[00:35:02]

GOTCHA. SO THAT'S WHY AT THAT TIME THE 7400FT² WAS DOABLE.

RIGHT. I MEAN, YOU COULD DO IT TWICE. TRICYCLE. YOU'RE KIND OF CLOSE TO A FOREPLAY.

I MEAN, THE EASIEST PILL TO SWALLOW WOULD HAVE BEEN MAYBE A VARIANCE TO BUILD A FOREPLAY. KIND OF CLOSE TO THAT SQUARE FOOTAGE.

BUT HE WAS INSISTENT ON DOING THE ONE BEDROOM UNIT.

ONE BEDROOM, TWO STORY.

WE WENT. WE SAT DOWN WITH THE APPLICANT, AND WE EXPLAINED THAT TO HIM.

OKAY, I'VE BEEN IN AND OUT WITH MR. TILFORD HERE, AND HE WANTS TO TRY TO PUSH THIS TO GET A MAXIMUM, YOU COULD SAY, OUT OF THE LOT.

RIGHT? SO. THANK YOU, MR. LEWIS. IS THERE ANYONE ELSE IN THE PUBLIC THAT WOULD LIKE TO MAKE A COMMENT? I CAN CONTINUE WITH MY COMMENTS.

SURE. THERE WAS A REASON YOU SAID YOU GOT ANOTHER ONE.

ANOTHER PERSON AGAIN? YES.

THERE WERE TWO AGAINST, TWO AGAINST GRANTING THE VARIANCE.

NOW YOU LOOK AT THE SITE PLAN.

THERE'S A COUPLE OF THINGS THAT'S MISSING.

AND WE HAVE ENGINEER HERE.

THEY'RE NOT SHOWING THE ON SITE DETENTION.

THEY'RE NOT SHOWING SOLID WASTE.

SO ALL OF THAT YOU WOULD NEED TO TAKE INTO ACCOUNT ON THIS PARTICULAR SITE PLAN AS WELL.

I NOTICE THERE'S THERE'S ALSO THERE'S ALSO AN ALLEY RIGHT IN THE BACK THAT'S UNPAVED.

YES. SO HERE AGAIN, WE GOT TO KEEP IN MIND THIS IS THE ORIGINAL TOWN SITE, RIGHT? OKAY. SO LOTS THAT ARE IN THE ORIGINAL TOWN SITE.

WE DO ALLOW THEM TO USE THE ALLEY FOR ACCESS.

THE PAVING OF IT IS SOMETHING THAT ENGINEERING WOULD TAKE CARE OF.

I THINK WE HAVE REPRESENTATIVE FROM ENGINEERING WITH US TONIGHT.

SO, YES, MR. CHAIRMAN, WE WOULD REQUIRE THEM TO PAVE THEIR PORTION OF THE ALLEYWAY UP TO THEIR PROPERTY LINE, SINCE THEY WILL BE UTILIZING IT FOR THEIR PARKING. BUT THAT WOULD STILL LEAVE THE OTHER PIECE NEXT TO THE MAIN STREET UNPAVED, RIGHT? YEAH. THEY WOULD ULTIMATELY JUST PAVE UP TO THE THE FARTHER END OF THEIR PROPERTY THERE. NOT THE CORNER LOT. SO THEY WOULD. CORRECT. OKAY.

CAN YOU STATE YOUR NAME FOR THE RECORD, MA'AM? GOOD MORNING. GOOD AFTERNOON. MY NAME IS PATRICIA LONGORIA. I'M THE TRAFFIC ENGINEER.

OUR TYPICAL DEVELOPMENT ENGINEER'S OUT FOR TODAY.

BUT WE DO OUR. WE ARE MISSING THE DRAINAGE.

THERE WAS A QUESTION. I HAD A QUESTION IN REGARD BECAUSE I LOOK AT IT FROM A TRAFFIC STANDPOINT ON THE AMOUNT OF PARKING AND AND HOW MUCH OFF STREET PARKING THAT THIS, THAT THIS TYPE OF DEVELOPMENT WOULD CAUSE WITH, WITH EIGHT UNITS AND OF COURSE, THE, THE ACCESS TO THE REAR PARKING IF THEY WERE GOING TO HAVE TO PAVE THE ALLEY AND IF IT'S THE ENTIRETY OF THE ALLEY OR ONLY TO THE ACCESS. AND THEN IF THAT'S THE CASE, THEN YOU'D ONLY HAVE ONE POINT OF ACCESS TO YOUR TO YOUR SITE. YES, SIR.

WHAT WOULD BE THE PARKING SPACES REQUIRED FOR EIGHT UNITS? SO IT'S ONE PARKING SPACE PER BEDROOM.

SO IT WOULD BE REQUIRED TO HAVE EIGHT PARKING SPACES.

AND I BELIEVE HE IS SHOWING EIGHT ON HIS SITE PLAN.

IS THERE ANY CONTROL WHERE.

THE FLOOR PLAN. IF THEY ADD ANOTHER BEDROOM, IF WE APPROVE THAT AND IT CHANGES LATER, IS THERE ANY. WELL, IF HE ADDS ANOTHER BEDROOM, THEN WE'RE REALLY GOING OVER THE DENSITY REQUIREMENTS.

YES, SIR. MR. FORD, I HAVE A QUESTION.

I KNOW THERE'S A LOT OF APARTMENT COMPLEXES IN THAT AREA, AND I KNOW SOME OF THEM HAVE MULTIPLE UNITS.

WHAT DOES STAFF SEE IN REGARDS TO THIS KIND OF DEVELOPMENT VERSUS WHAT'S ALREADY THERE? OKAY, SO I WENT AND DID A SITE VISIT AND I CHECKED THREE BLOCKS IN EACH DIRECTION.

MOST OF THE APARTMENTS BUILDING THAT WERE BUILT THERE APPEARS TO BE EXISTING NON-CONFORMING MEANING THEY WERE BUILT PRIOR TO BECAUSE THIS IS AN OLDER PART OF TOWN THEY'RE BUILDING PRIOR TO THE ZONING ORDINANCE.

THERE IS ONE SIMILAR TO THIS OFF OF SEVENTH STREET.

HOWEVER, IT IS A MULTIPLEX.

IT IS NOT AN APARTMENT.

IT KIND OF LOOKS LIKE AN APARTMENT, BUT YOU GET OUT OF YOUR CAR, YOU GO AND DO A SITE INSPECTION.

YOU WALK AROUND THE AREA.

ALL YOU HAVE TO DO REALLY IS COUNT THE NUMBER OF MAILBOXES THAT ARE THERE.

AND I TELL YOU THE NUMBER OF UNITS AND ALL OF THE APARTMENTS.

THERE'S FOUR APARTMENTS AND THEY'RE SEPARATED.

THEY'RE NOT NOT THEY'RE NOT ALL UNDER ONE ROOF.

SO REALLY IN THIS PARTICULAR AREA, THERE ARE NO SIMILAR TYPE OF APARTMENTS OF THIS NATURE. OTHER. MA'AM, WOULD YOU LIKE TO.

MA'AM? I'M SORRY. CAN YOU APPROACH THE PODIUM, PLEASE, AND STATE YOUR NAME? FOR THE RECORD, MY NAME AGAIN IS NORMA GUERRA.

AND THE. THERE ARE OTHER MULTIFAMILY SPOTS IN THAT AREA, BUT THEY'RE ALL LIKE OLD HOMES THAT WERE CONVERTED INTO MULTIFAMILY.

SO YOU DON'T HAVE ANY, LIKE, BIG, HUGE THINGS LIKE THAT.

THEY MIGHT HAVE MAYBE TWO RESIDENTS PER PER HOME WHERE WHAT A HOUSE GOT SPLIT INTO LIKE A

[00:40:03]

SO THERE'S ALWAYS LIKE 2 OR 3 CARS PARKED THERE THAT ARE KIDS THAT ARE GOING TO THE UNIVERSITY. AND THEN WE ALSO GET PEOPLE PARKING ACROSS THE BACK ALLEY SOMETIMES, AND I HAVE TO CALL THE POLICE TO TICKET THEM BECAUSE THEY BLOCK THE ALLEYWAY.

AND THEN THE TRASH PICKUP CAN'T GET BACK THERE ON THE, THE ONES THAT PICK UP THE, THE THE LARGE TRASH.

YEAH. AND THEN OF COURSE, THE TRASH PUTTING OUT THE TRASH CANS, AS YOU MENTIONED. I CAN'T SEE THOSE.

THOSE LOTS ARE ONLY 50FT WIDE.

I MEAN, THAT'S REALLY SMALL.

IT'S NOT A VERY LARGE ACCESS.

SORRY. THANK YOU FOR YOUR COMMENTS.

YES, ON THE WHOLE BLOCK, EVEN TWO BLOCKS AWAY, THE MOST YOU'RE GOING TO SEE IS FOUR UNITS AND THE.

AND THE APARTMENTS. SO? SO I HAVE A QUESTION, MR. FARLEY. SURE. SO WE HAVE FOUR DIFFERENT UNITS HERE.

EACH UNIT IS GOING TO HAVE TWO.

YES, SIR. THAT IS CORRECT.

NOW, I HAVE NOTICED THAT, YOU KNOW, THERE SEEMS TO BE SOME TYPE IT SEEMS TO BE A TREND TOWARDS, YOU KNOW, REDUCING THE AMOUNT OF SETBACKS HERE. WE HAVE A WIDTH MINIMUM WIDTH OF 100.

IS THAT CORRECT? YES, SIR.

FOR APARTMENT. AND SO NOW WE'RE HAVING 53.

YES, SIR. SO IT'S A SIGNIFICANT IS A SIGNIFICANT REDUCTION.

YES, SIR. SO I GUESS MY, MY MY QUESTION IS ARE THERE ANY SAFETY CONCERNS WITH REGARD TO GOING LARGER.

I DON'T KNOW. WELL, IF YOU, IF YOU WENT, IF YOU, IF YOU DID MEET THE MINIMUM US LOT WIDTH OF 100FT.

THEN THE APARTMENTS WHICH HE DOES IN IS ONLY 53FT WIDE.

WITH APARTMENTS COMES A LARGER SIDE YARD SETBACK.

OKAY. THE SIDE YARD SETBACK FOR APARTMENTS IS 15FT.

HE'S ONLY PROPOSING SIX FEET.

SO, I MEAN, YOU'RE RIGHT THERE NEXT TO YOUR NEIGHBORS, RIGHT WITH WITH WITH THIS TWO STORY APARTMENT.

AND IS THIS IN COMPLIANCE WITH LIKE, THE FIRE MARSHALL'S REQUIREMENTS, OR HAVE THEY LOOKED AT THIS? YOU KNOW, LET'S SAY THERE'S A THERE'S A FIRE.

I DON'T KNOW. I HAVEN'T SEEN THE STRUCTURES NEXT TO THIS PROPERTY, SO I DON'T KNOW HOW CLOSE THOSE STRUCTURES ARE.

SO. OKAY. SO THIS IS THE SO THIS KIND OF GIVES YOU A LITTLE BIT OF SAND.

IS LIKE BASELINE RIGHT THERE.

OKAY. AND THEN THERE'S A THERE'S A HOLE THERE.

THINK ABOUT IT. IT'S IT'S MAMA.

I DO APOLOGIZE IF YOU ARE GOING TO BE SAYING SOMETHING.

IF I CAN HAVE YOU ON THE RECORD OVER HERE ON THE MIC, IT'S BECAUSE WE CAN'T CATCH ALL THE SOUND ALL THE WAY OVER HERE. SORRY ABOUT THAT.

NO WORRIES. NO, I WAS JUST SAYING ON THE LEFT SIDE OF THE PROPERTY IS MY HOME, AND WE HAVE A PRIVACY FENCE THERE.

IT'S THE SINGLE FAMILY HOME, AND NEXT TO IT IS ALSO A SINGLE FAMILY HOME.

SO ON BOTH SIDES OF THAT SINGLE FAMILY AND THEN ACROSS THE STREET FROM IT ARE THOSE HOMES. I THINK THERE'S LIKE 2 OR 3 HOMES THAT ARE THE ONES THAT ARE DIVIDED INTO TWO FOR, FOR RENTAL PURPOSES. BUT YEAH, I MEAN, THERE'S NOT VERY MUCH THERE WOULD BE NO SPACE BETWEEN. WHAT IS IT? WHAT ARE THEY DOING? THREE FEET BETWEEN ON EACH SIDE.

ON EACH SIDE? YEAH. I MEAN, IT'S VERY, VERY CLOSE.

MR., DO YOU HAVE A QUESTION? YES, SIR. SO THE REZONING, IF YOU HAD FOR IF THEY DID FOUR UNITS, THE REZONING AND THE FOUR UNITS WOULD, WOULD, WOULD GO WITH. WELL, WE HAVE TO REMEMBER.

I'M SORRY. GO AHEAD. SORRY, I DIDN'T MEAN TO. I'M JUST CURIOUS OF THE REZONING. LIKE, WHAT DID THEY PRESENT? DID THEY PRESENT ANYTHING WHEN THEY. WHEN THEY GOT REZONED, LIKE SOME. OR THEY JUST WENT FOR THE REZONING, NOT KNOWING WHAT WAS GOING TO COME OF IT? WELL, THE REZONING AND ZONING BOARD OF ADJUSTMENTS ARE TWO DIFFERENT BOARDS.

THEY LOOK AT THINGS VERY DIFFERENTLY.

OKAY. REZONING, THEY'RE GOING TO LOOK AT WHAT IS THE FUTURE LAND USE OF THIS PROPERTY CURRENTLY? WHAT DO WE HAVE IN THE SURROUNDING AREA HERE? THEY REALLY. SO THAT'S WHAT THE REZONING IS FOR.

OKAY. THEY REALLY DON'T LOOK AT THE DEVELOPMENT OF THE LOT OR THE ENGINEERING OF THE LOT. JUST AS THIS ZONE FIT IN WITH THE SURROUNDING LAND USE.

SO IF YOU DID, IF YOU DID FOR I THINK YOU SAID EARLIER, IF YOU DID FOR APARTMENTS ONE STORY, IT WOULD FIT THE SPECS.

I THINK THAT'S WHAT. YES.

YES, THAT'S THAT'S WHAT YOU SEE IN THIS AREA.

YEAH. YOU DON'T SEE EIGHT UNITS YOU SEE AT THE MOST FOUR UNITS.

AND THAT'S WHAT I SAW DURING MY SITE INSPECTION.

OKAY. OKAY. ARE THERE ANY MORE COMMENTS FROM THE PUBLIC

[00:45:02]

WE ARE SEEING A LOT MORE HOUSING THAT'S BEING NEEDED FOR THE STUDENTS.

I FEEL THAT WE'RE GOING TO HAVE TO SET A PRECEDENT AS OF GOING FORWARD WITH THIS.

THE EIGHT APARTMENTS I AGREE, IT'S A LITTLE TOO MUCH FOR THAT PIECE OF LAND. WE STILL HAVE QUESTIONS WHERE IT'S THE TRASH PICKUP, WATER RETENTION, BECAUSE TODAY WE'RE LOOKING AT JUST ONE LOT THAT'S GETTING AT THIS POINT, WHICH BEING THE FIRST ONE, I WOULD LOVE TO SEE A LOT MORE PROPERTIES GETTING RENOVATED AND GETTING BROUGHT UP LIKE THIS.

BUT WE NEED TO SET SOMETHING UP WHERE IN THE FUTURE WE KNOW EVERYTHING IS GOING TO BE IN LINE WITH TRASH PICKUP FOR THE CITY OF EDINBURGH TO BE ABLE TO PICK UP TRASH.

RETENTION POND BECAUSE ONCE WE GET MORE USE OUT OF THESE LANDS, OF COURSE THERE'S GOING TO BE MORE BACKUP WATER DRAINAGE.

SO THINGS LIKE THAT, I, I WE'RE ACTUALLY TRYING TO FIGURE OUT TO SEE ONE OF THE, THE CORNER LOT IS WILLING TO SELL AND MOVE FORWARD WITH MORE BUILDING LIKE THAT. BUT AT THE MOMENT, THIS IS WHAT WE GOT TO PRESENT AND TRYING TO MOVE FORWARD WITH THIS AND MAYBE MOVING FORWARD WITH THE NEXT PIECE GOD WILLING, OF COURSE. AND WE UNDERSTAND, YOU KNOW, AS INVESTORS, YOU GUYS ARE TRYING TO MAXIMIZE LAND USE. AND YOU KNOW, AND FOR US, YOU KNOW, WE WANT TO MAKE SURE THAT JUST LIKE OUR CITIZENS IN EDINBURG TRY TO FOLLOW THE CODES AND EVERYTHING, LIKE YOU SAID, LIKE WE HAD BOTH LOTS ALREADY.

LIKE THE 100FT WOULD BE GREAT.

LIKE WE WOULDN'T HAVE A PROBLEM.

BUT AT THE MOMENT, WE ONLY GOT THE 53FT.

AND THAT'S WHAT THE VARIANCE IS FOR AND TRYING TO GET ACCOMMODATED.

HOPEFULLY THE NEXT LOT IS AVAILABLE FOR SALE AND WE, MOVE FORWARD. AND THAT WOULD CHANGE UP. THAT WOULD CHANGE THE USE OF THE LAND.

THAT IS WHERE THE PARKING SCENARIO, BECAUSE I'M SEEING THAT THE PARKING IS PRETTY MUCH GOING TO BE PARKED ON THE EASEMENTS ALREADY, AS THE CITIZEN SAYING, YOU KNOW, WE'RE ALREADY CREATING PROBLEMS. WE'RE GOING TO HAVE CARS RIGHT ON THE ACTUAL PROPERTY LINE BASED ON THE SURVEY YOU SUBMITTED. SO BUT I THANK YOU THAT YOU GUYS ARE DOING SOMETHING OR WANT TO DO SOMETHING IN THAT OLD TOWN AREA OF EDINBURGH THAT WE SEE THAT'S DESPERATELY NEEDED FOR MORE HOUSING FOR NOT MAYBE JUST STUDENTS, BUT LIKE YOU'RE SAYING, TEACHERS OR JUST OUR REGULAR CITIZENS HERE IN THE CITY OF EDINBURGH.

SO, I MEAN, IT COULD BE AFFORDABLE HOUSING, ONE BEDROOM. YOU DON'T FIND ONE. YES.

AND I WE SEE THE WHERE YOU'RE AT WITH IT AND IT'S JUST MAINLY FOR SAFETY AND THE FUTURE USE FROM HERE ON OUT FROM JUST LIKE ANY OTHER OLDER NEIGHBORHOOD THAT THERE'S STARTING TO, YOU KNOW, MAKE IT REMODELED OR WHAT HAVE YOU.

SO THANK YOU. JUST THE ONLY OTHER THING THAT I THOUGHT OF WAS WHEN YOU WERE TALKING IS THE DRAINAGE. IS IT AN ISSUE ALREADY IN THAT AREA? WHEN IT RAINS, IT FLOODS, ESPECIALLY THE SOUTH SIDE OF THAT PARTICULAR BLOCK IT. THERE'S HOMES THAT THE WATER ACTUALLY GOES INTO WHEN WHEN WE GET A LOT OF RAIN. SO THE DRAINAGE THERE ON THAT BLOCK ALL THE WAY TO THE UNIVERSITY IS NOT GOOD.

IT'S ALREADY, YOU KNOW.

YEAH. AND WE UNDERSTAND.

THAT'S WHY WE WANT TO MAKE SURE THAT, YOU KNOW, WE'RE COVERING ALL THAT GROUND BECAUSE WE UNDERSTAND THAT. YEAH. IT'S BUT THANK YOU SO MUCH. OKAY. THANK YOU FOR YOUR COMMENTS.

I'LL NOW CLOSE THIS, THE DISCUSSION ON THIS ITEM AND ASK THE BOARD FOR A MOTION.

I MOTION TO DENY THE VARIANCE AND TO BRING IT BACK UP WITH THE NEWER DEVELOPMENTS.

SOMETHING MORE CLOSER TO WHAT THE STAFF IS RECOMMENDING FOR THAT PIECE OF LAND.

AND AND IN THE NEXT, IF THEY DO ANOTHER VARIANCE REQUEST TO SUBMIT THE RETENTION POND AND ALSO TRASH PICKUP, WHICH IS SOMETHING THAT'S GOING TO BE VERY KEY FOR THESE NEW DEVELOPMENTS COMING INTO THE NEAR FUTURE.

SO, YES STAFF, I RECOMMEND TO DENY THE VARIANCE FOR, FOR NOW. OKAY. SO I HAVE A MOTION TO DENY THE VARIANCE.

I'LL SECOND THAT MOTION, AND I HAVE A SECOND FROM MR. VAZQUEZ. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN.

MOTION PASSES. NEXT ITEM.

[D. Request by Melden & Hunt, Inc. for a Variance to the City of Edinburg Unified Development Code]

UNIFIED DEVELOPMENT CODE TO ALLOW AS FOLLOWS.

THE BUILDING TO ENCROACH ONE FOOT INTO THE TEN FEET UTILITIES.

UTILITY EASEMENT ALONG THE EAST SIDE OF THE PROPERTY AT LOT ONE, JUNIOR ESTATE SUBDIVISION, HIDALGO COUNTY, TEXAS 811 NORTH 15TH PLACE.

YES. BOARD. THIS IS A VARIANCE TO TO REQUEST AN ENCROACHMENT.

IT'S NOT EVEN A FOOT. IT'S LIKE EIGHT INCHES.

IT VARIES BETWEEN FIVE INCHES UP TO EIGHT INCHES ON THE EAST SIDE OF THIS DEVELOPMENT.

THIS IS AT LAS LAS PLACITAS ON JUNIOR.

[00:50:04]

THAT WAS RECENTLY BUILT.

AND ONE OF THE THINGS THAT WAS DISCOVERED WHEN A VARIANCE OR I MEAN, WHEN A SURVEY WAS DONE WAS THAT IT WAS ENCROACHING ALONG THE EAST SIDE.

ONE OF THE THINGS THAT WE DID WHEN THIS PROJECT WAS DEVELOPED WHEN THEY SUBDIVIDED THE THE PIECE OF LAND WAS THAT WE IN WE IMPOSED A PERIMETER TEN FOOT UTILITY EASEMENT ALL THE WAY AROUND FOR ANY EXISTING OR ANY FUTURE UTILITIES THAT MAY BE NEEDED.

THAT'S KIND OF LIKE A BLANKET THAT THE CITY USES TO COVER THEMSELVES.

NOW, ON THE EAST SIDE, I WILL NOTE THAT THERE ARE NO LINES.

THERE'S NOTHING IN THAT TEN FOOT UTILITY EASEMENT.

SO KNOWING THAT THERE'S NOTHING ON THOSE TEN FEET STAFF IS INCLINED TO TO RECOMMEND APPROVAL FOR THIS VARIANCE AT THIS TIME.

THANK YOU, MR. CHAIRMAN. THANK YOU, MR. RUSSELL. MR. RUSSELL, I'LL OPEN THE ITEM UP FOR PUBLIC COMMENTS.

IS THE APPLICANT OR HIS REPRESENTATIVE HERE? OKAY. PLEASE STATE YOUR NAME FOR THE RECORD.

GOOD AFTERNOON. I'M REPRESENTING THE ENGINEER MELDON AND HUNT.

WE'RE BASICALLY JUST ASKING FOR A VARIANCE TO ALLOW US TO BE ON A NINE FOOT SETBACK INSTEAD OF A TEN FOOT. THERE'S NO UTILITIES ALONG THAT UTILITY IS MEANT.

WE USUALLY PROPOSE A TEN FOOT AS A BLANKET EASEMENT.

IT WAS MAINLY PROPOSED FOR POWER OR TELECOMMUNICATIONS UTILITIES.

IT HASN'T BEEN IN USE.

SO AT THIS POINT, IF ANY UTILITY DECIDES TO COME IN, IT CAN FIT WITHIN A SPACE OF FIVE FOOT.

SO THE CURRENT ENCROACHMENT VARIES FROM 4IN TO 9IN AT THE MOST.

SO THAT'S WHY WE'RE ACTUALLY ASKING FOR A ONE FOOT BY ONE FOOT ENCROACHMENT.

OKAY. AND THERE IS NO I SEE THE THE BUILDING TO THE EAST.

I'M SORRY. TO THE WEST.

YEAH. TO THE EAST OF IT. IT'S JUST THERE.

THERE'S ONLY PARKING RIGHT? RIGHT NEXT TO IT. AS OF NOW.

RIGHT ON THE OTHER PROPERTY. AND I DID SEE THAT THE BUILDING THAT ENCROACHES IS THERE'S SOME FIRE RATING ON THAT WALL AS WELL.

SO THOSE ARE THINGS TO CONSIDER.

IS THERE ANYONE ELSE IN THE PUBLIC WANTING TO MAKE A COMMENT? DOES THE BOARD HAVE ANY COMMENTS OR DISCUSSION? OKAY. I'LL GO AHEAD AND CLOSE THE DISCUSSION ON THIS ITEM AND TAKE A MOTION FROM THE BOARD. I MOTION TO APPROVE.

I HAVE A MOTION FOR APPROVAL FROM MR. GARZA I SECOND. CAN I HAVE A SECOND FOR MR.? ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN.

MOTION PASSES. YOU HAVE NO FURTHER ITEMS. BOARD. I MEAN, MR. CHAIR, IF YOU COULD JUST OFFICIALLY CLOSE THE PUBLIC HEARING PORTION OF THE MEETING BEFORE WE MOVE ON.

YES, MA'AM. AT THIS TIME, I'LL MOTION OR I'LL ASK FOR A MOTION.

JUST GO AHEAD AND CLOSE IT. JUST GO AHEAD AND CLOSE. I'LL CLOSE THE PUBLIC HEARING ITEM.

[7. INFORMATION ONLY]

[A. Attendance Roster]

ATTENDANCE. ROSTER. WE HAD ONE OF THE ALTERNATES THAT IS NOT HERE THIS EVENING.

BUT OTHER THAN THAT, THIS IS.

THIS IS GOING TO BE OUR BOARD.

WE HAVE A BOARD CURRENTLY CONSISTING OF NINE MEMBERS.

NOW, ONE OF THE THINGS THAT WE WILL BE DOING IN THE NEXT MONTH I'M GOING TO GET INTO DIRECTOR'S REPORT ALREADY IS WE'LL BE AMENDING THE BYLAWS TO HAVE SEVEN VOTING MEMBERS AND TWO ALTERNATES INSTEAD OF FIVE AND FOUR.

THE WAY THAT IT CURRENTLY IS. SO EVERYBODY THAT'S ON ON THE DIOCESE WOULD STAY AS AS VOTING MEMBERS AND THE ALTERNATES WOULD SIT DOWN HERE.

THAT'S ALL I HAVE. THANK YOU.

[8. ADJOURNMENT]

CAN I GET A MOTION TO ADJOURN THE MEETING? MOTION TO ADJOURN THE MEETING. I HAVE A MOTION FOR MR. GARZA TO ADJOURN THE MEETING. CAN I HAVE A SECOND? SECOND? HAVE A SECOND FOR MR. ALMAGUER. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES.

THANKS.

* This transcript was compiled from uncorrected Closed Captioning.