Aug 27, 2025 Zoning Board of Adjustments

[00:02:01]

OKAY. GOOD AFTERNOON EVERYONE.

TODAY IS AUGUST 27TH, 2025.

IT IS 5:30 P.M. AND I'D LIKE TO CALL OUR ZBA MEETING TO ORDER.

STAFF, CAN WE CONFIRM THAT WE HAVE A QUORUM?

[1. CALL MEETING TO ORDER, ESTABLISH QUORUM]

OMAR GOVEA, DUSTIN GARZA, ELISEO GARZA, MICHAEL CANTU, MIKE MARK GONZALEZ, MR. RUBIN AND MR. ANDREW ALMAGUER, AS WELL AS MR. GARCIA, TONY GARCIA. YES.

GOT IT. THANK YOU. OKAY.

CAN EVERYONE PLEASE RISE AND JOIN ME FOR PRAYER? LET US PRAY. HEAVENLY FATHER, WE COME TO YOU TODAY ASKING FOR YOUR

[A. Prayer]

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 THAT WE DO HERE TODAY, ALL THAT WE ACCOMPLISH, IS FOR THE BETTERMENT OF OUR CITY.

WE ASK THESE THINGS IN YOUR NAME.

AMEN. AMEN. MR. GARZA, CAN YOU LEAD US IN OUR PLEDGE OF ALLEGIANCE? PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS.

[B. Pledge of Allegiance]

YES, SIR. MR. CHAIRMAN, STAFF DID NOTIFY THE PUBLIC AS PER THE TEXAS OPEN MEETINGS ACT ON FRIDAY, JULY 25TH AT 5 P.M..

[2. CERTIFICATION OF PUBLIC NOTICE]

MR. CHAIRMAN, UNDER STATE LAW, A LOCAL GOVERNMENT OFFICIAL IS REQUIRED TO DISCLOSE A SUBSTANTIAL INTEREST FOR THEMSELVES OR CERTAIN FAMILY MEMBERS AND

[3. DISCLOSURE OF CONFLICT OF INTEREST]

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

NO. NO, SIR. THANK YOU.

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.

[4. PUBLIC COMMENTS]

WE ASK FOR EVERYONE'S COOPERATION IN FOLLOWING THESE PROCEDURES.

IS THERE ANYONE IN THE AUDIENCE WANTING TO MAKE PUBLIC COMMENTS? WE'LL MOVE ON TO ITEM FIVE.

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

ALL ITEMS ARE GENERALLY CONSIDERED AS THEY APPEAR ON THE AGENDA AS EACH ITEM IS

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

ONCE THE CHAIR CLOSES THE PUBLIC HEARING, THE BOARD MAY QUESTION ANYONE AND MAINTAIN

[00:05:03]

ABSENCES. CONSIDER EXCUSING THE ABSENCE OF BOARD MEMBER MR. ANDREW ALMAGUER FROM THE JULY 30TH 2025 REGULAR MEETING.

[6. ABSENCES]

I HAVE A MOTION FROM MR. GONZALEZ. I HAVE A SECOND FROM MR. RUIZ. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN.

MOTION PASSES. MOVING ON TO OUR MINUTES.

CONSIDER APPROVAL OF THE MINUTES FOR THE JULY 30TH, TWO 2025 REGULAR MEETING.

[7. MINUTES]

I HAVE A MOTION FOR MR. GONZALEZ TO APPROVE. A SECOND FOR MR. ALMAGUER. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES.

MOVING ON TO PUBLIC HEARINGS.

ITEM EIGHT, A VARIANCE REQUEST BY DAVID KINZEL AND LISA RUIZ FOR A VARIANCE TO THE

[8. PUBLIC HEARINGS]

GOOD EVENING BOARD. THIS THIS FIRST ITEM IS FOR A VARIANCE REQUEST TO CONSTRUCT A PERGOLA WITH THE BREEZEWAY AT 1802 BLACKSTONE STREET.

WHAT TRIGGERED THIS VARIANCE IS THAT THE PERGOLA IS ATTACHED TO THE HOME. IF THE PERGOLA WAS NOT ATTACHED TO THE HOME, WE WOULD ALLOW FOR THE STRUCTURE TO BE BUILT THE WAY THAT IT'S BEING PROPOSED. THEY ARE OUTSIDE OF THE TEN FOOT UTILITY EASEMENT,

[A. Request by David Kinsel & Lisa Ruiz for a Variance to the City of Edinburg Unified]

AND THEY ARE NOT ENCROACHING INTO THE TEN FOOT UTILITY EASEMENT AS MENTIONED.

AND THE ONLY REASON WE'RE BRINGING IT UP IS BECAUSE IT IS ATTACHED TO THE HOME. WE ARE RECOMMENDING DENIAL. IF THEY REMOVE THE BREEZEWAY, THEN THEY COULD HAVE IT. IF NOT, THEN IT WOULD REQUIRE A VARIANCE BY THIS BOARD. THANK YOU, MR. AZEVEDO.

I'LL NOW OPEN THE ITEM FOR PUBLIC COMMENTS.

IS THE APPLICANT HERE TO SPEAK ON BEHALF OF THE COMMENT? PLEASE APPROACH THE PODIUM AND STATE YOUR NAME FOR THE RECORD.

MY NAME IS JOSHUA TORRES.

I'M THE CONTRACTOR, AND WE DID RECEIVE APPROVAL FROM THE HOA.

I DO HAVE A WINDSTORM PLAN, AND I DO ALSO HAVE A ARCHITECTURAL PLAN.

SO INITIALLY, I DID COME OVER HERE BEFORE WE ACTUALLY APPLIED.

I SPOKE TO MR. FARLEY, AND THAT'S WHY WE PROCEEDED TO GO AHEAD AND DO THIS WINDSTORM PLAN AND ARCHITECTURAL PLAN ON BEHALF OF WHAT HE TOLD US.

HOWEVER, THERE WAS A SITUATION WHERE HE WASN'T THE ONE AT THE MOMENT IN CHARGE.

SO THEN THEY DID COME BACK AND TELL US THAT WE WERE OUT OF COMPLIANCE.

BUT WITH YOUR PERMISSION, SIR.

OKAY. MR. AZEVEDO, CAN YOU LOOK OVER THOSE DOCUMENTS THAT MR. TORRES HAS? LOOKS LIKE IT'S FROM THE PROPERTY MANAGEMENT COMPANY, BUT IT'S NOT SIGNED BY ANYBODY IN PARTICULAR.

MR.. SO THIS IS CONNECTED TO THE HOUSE.

SO THE PERGOLA IS DETACHED.

BUT THE HOMEOWNER IS WANTING TO JUST DO A BREEZEWAY FROM THE STRUCTURE CONNECTING TO THE ROOF OF THE HOME. SO, LIKE THE PERGOLA, THE PORCH WOULD BE WHERE HE HAS AN OUTSIDE KITCHEN, BUT HE WANTS A LITTLE BIT MORE PROTECTION FROM THE ELEMENTS. SO HE'S WANTING TO JUST CONNECT TO THE ROOF.

CONNECT IT TO THE ROOF? YES.

OKAY. WHAT'S THE QUESTION FOR YOU? DO YOU HAVE WHAT'S THE WIDTH OF THE OF.

WHERE ARE YOU GOING TO BE ATTACHING THE BREEZEWAY.

WHAT'S THE WIDTH ON IT. SO THE WIDTH FROM THE BACK OF THE HOUSE LIKE NO, NO IT'S GOING TO GET ATTACHED RIGHT TO THE HOUSE.

BUT WHAT'S THE WIDTH OF IT? THE WIDTH OF IT WILL BE 13FT, WHICH IS THE WIDTH OF THE DETACHED PORCH.

SO IT'LL CONNECT EXACTLY OFF THAT THAT HIP OF THE ROOF.

IT'S GOING TO COME DIRECTLY AS A BREEZEWAY.

SO IT'S STILL GOING TO BE DETACHED, BUT IT'LL CONNECT TO THE HOUSE.

THAT'S GOING TO CONNECT TO THE PORCH OF THE HOUSE. BUT IT'S THE SAME WIDTH AS A PATIO.

[00:10:05]

THAT'S THE TOTAL WIDTH, LENGTH AND WIDTH OF THE PATIO ITSELF.

BREEZEWAY ITSELF, JUST THE ADDITION. I DON'T KNOW THE ACTUAL MEASUREMENT, BUT I WOULD SAY IT'S PROBABLY LIKE MAYBE SEVEN FEET TOTAL.

I MEAN, DO YOU HAVE A DO YOU HAVE A FLOOR PLAN FOR IT? IS THERE A BALLPARK? THE WINDSTORM SOMEWHAT TALKS ABOUT THE DIFFERENCE IN THE.

SO, YEAH, IT SEEMS LIKE IT'S A TEN FOOT, TEN FOOT SETBACK FROM THE FROM THE HOUSE TO THE DISTANCE. BUT I WANT TO KNOW WHAT THE BREEZEWAY, HOW WIDE THE BREEZEWAY IS GOING TO BE, NOT HOW LONG.

IT'LL BE 13FT WIDE. 13FT.

AND THE PERGOLA IS ALSO GOING TO BE 13.

YES, SIR. IT'LL BE KEEPING THE WHOLE.

THE THING IS, IT'S A PATIO.

IT'S NOT A BREEZEWAY. IF IT'S THE SAME WIDTH OF IT, IT'S A PATIO. IT'S NOT A BREEZEWAY.

IT'D BE LIKE AN EXTENSION OF THE. THAT IS CORRECT.

SO THE BREEZEWAY HAS WHAT? THESE, LIKE, CEILING JOISTS ALL THE WAY THROUGH ATTACHING TO THE ROOF? YES. OKAY. IT WILL HAVE CEILING JOISTS CONNECTED TO THE THE TOP OF THE ROOF LINE.

YES, SIR. OKAY. SO IT'S THE WHOLE THING IS ATTACHED THEN? DOESN'T HAVE ANY DIMENSIONS. OKAY.

IS THERE ANY MORE QUESTIONS FOR THE APPLICANT? MR. ROOSEVELT, CAN WE USE THAT LETTER FROM THE HOA? I THINK IT'S AN EMAIL.

RIGHT. IT'S AN EMAIL THAT WAS SENT TO THE HOMEOWNER AND THEY FORWARDED IT TO ME.

OKAY. THANK YOU. CONSIDERATION.

FLIER. I GUESS. FIRE MARSHAL.

CAN WE GET YOUR PERSPECTIVE ON THIS? BOARD. YES. DANTE ROJAS, CITY OF EDINBURG FIRE MARSHAL.

SO THIS IS A BREEZEWAY, RIGHT? BUT I UNDERSTAND HOW YOU'RE TALKING ABOUT THE ATTACHMENT, RIGHT? SO IF THIS WERE TO GET APPROVED WE WOULD HAVE TO GO IN AND HE'D HAVE TO PULL IN THE PERMIT WITH BUILDING SAFETY JUST SO WE COULD MEET THE MINIMUM STANDARD. RIGHT.

BECAUSE WE'RE NOW EXPANDING THE FOOTPRINT OF THE HOME, AND THAT'S A RESIDENTIAL.

SO BY IT BEING RESIDENTIAL IN THE HOME, THAT WOULD PERTAIN MORE TO THE BUILDING SAFETY DEPARTMENT AND WE WOULD BE ABLE TO GET OUR INPUT, BUT THAT WOULD BE MORE INTO THEIR SCOPE.

OKAY. SO WOULD YOU MAYBE IF THIS WAS APPROVED, WOULD YOU PROPOSE FIRE RATING SOME OF THIS OR.

YES. SO IT COULD BE DONE IF HE WERE TO FIRE IT.

RIGHT. WE'RE WANTING TO PREVENT IF SOMETHING HAPPENS ON THE PERGOLA.

RIGHT. THEY WERE TALKING ABOUT A STOVE OR SOMETHING LIKE THAT. YEAH, AN OUTDOOR COOKING AREA. WE WOULD WANT TO CONTAIN IT TO THAT AREA.

RIGHT. SO WITH THE BUILDING SAFETY DEPARTMENT, WE WOULD GET WITH THEM. AND THEN WE WOULD ALSO SEE WHAT THE WHAT WE WOULD BASED ON THE STANDARD, WHAT WOULD BE REQUIRED TO FIRE RATE AT LEAST COMING UP TO THE HOME.

RIGHT, TO PREVENT THE FIRE FROM SPREADING INTO THAT STRUCTURE.

OKAY. MR. THOUGHT IS WHAT MATERIALS DO YOU HAVE PROPOSED FOR THE BREEZEWAY THAT ATTACHES THE PERGOLA? I MEAN, WE COULD USE A TREATED LUMBER IF THAT'S THE CASE TO, YOU KNOW FOLLOW CODE, IF THAT HELPS.

I DON'T KNOW IF THAT WOULD HELP PREVENT, YOU KNOW, A HAZARD, IF YOU WILL. BUT WE COULD USE SOMETHING LIKE THAT.

MAYBE A HIGHER QUALITY ON THIS ROOF SHINGLE OR THE UNDERLAYMENTS JUST TO BE IN COMPLIANCE WITH WHATEVER REQUIREMENTS THEY MAY HAVE. SO I THINK THAT'S GOING TO BE.

YEAH, THAT'S THAT'S JUST FOR US TO KIND OF HEAR BUT NOT FOR US TO DECIDE.

RIGHT. THAT'S MORE FOR THE FIRE MARSHAL AND THE BUILDING DEPARTMENT TO, TO MAKE A DECISION ON IF IT WERE TO BE APPROVED, THEN, LIKE I SAY, WE WOULD GO THROUGH THE BUILDING SAFETY DEPARTMENT AND THEN BASED ON THE PLAN THAT THEY WOULD SUBMIT, WE WOULD CHECK THAT THE LIKE THE, THE EAVE. RIGHT. THOSE ARE NON VENTED AND STUFF LIKE THAT, THAT IF THAT WAY IF THERE IS SOME SORT OF A FIRE OR SOMETHING THAT OCCURS IN THE PERGOLA,

[00:15:01]

CORRECT. OKAY. THANK YOU SIR, IF I MAY ADD ONE MORE THING, IT IS GOING TO BE AN OPEN CONCEPT.

SO WE'RE NOT REALLY PLANNING ON ADDING ANY ANYTHING EXTRA UNDERNEATH NOT COVERED.

I'M SORRY. THE BREEZEWAY IS NOT COVERED.

UNDERNEATH. NO. BUT YEAH, THE TOP PART.

YES, IT WILL HAVE IT'LL HAVE ARCHITECTURAL SHINGLES.

IT'LL COME OFF EXACTLY LIKE THE INITIAL BUILD OF THE HOME.

BUT UNDERNEATH IT WILL BE AN OPEN CONCEPT. WE'RE NOT REALLY TRYING TO ADD ANYTHING EXTRA UNDERNEATH IT. THANK YOU.

YES, SIR. IS THERE ANY MORE QUESTIONS OR COMMENTS? I HAVE A QUESTION FOR STAFF, MR. JAIME. I KNOW WE'RE A RECOMMENDATION FROM STAFF.

IS DENIAL BASED ON THE ENCROACHMENT AND ALSO FROM THE DISTANCE OF THE HOUSE TO THIS ATTACHED USUALLY, WHAT IS THE RECOMMENDED DISTANCE FROM THE HOME TO THIS COVERED PORCH AREA? PERGOLA? WOULD IT BE TEN FEET FROM THE HOME? MORE OR LESS. WITHOUT HAVING BEEN ATTACHED WHERE IT BECOMES BECAUSE I KNOW DIFFERENT CITIES HAVE DIFFERENT MEASUREMENTS ON THAT, SO BUT WE'RE RECOMMENDING DENIAL OR THE STAFF IS RECOMMENDING DENIAL BECAUSE OF THE ENCROACHMENT MORE OR BOTH FOR THE ALSO ENCROACHMENT AND BECAUSE OF THE ATTACHMENT TO CLOSE TO THE HOUSE.

BECAUSE I SEE THAT THE SETBACK YOU HAVE ON HERE IS TEN FEET.

I JUST SAW IT OVER HERE.

SO YOU'RE TEN FEET FROM THE PROPOSED PATIO.

AND THAT'S WHERE IT BECOMES MORE OF AN ISSUE BECAUSE OF THE ATTACHMENT TO THE HOUSE AND THEN THE ENCROACHMENT.

I MEAN, IT'S A PERGOLA THAT'S GOING TO.

OKAY. IT'D BE SEPARATED.

IT'D BE LIKE THE MINIMUM OF TEN FEET FROM THE ACCESSORY STRUCTURE TO THE HOME.

OKAY. AND THEN IT WOULD ALSO MEET THE REAR SETBACK BECAUSE IT WOULD ENCROACH OVER THE UTILITY EASEMENT. OH, OKAY.

SO SO I GUESS THAT WOULD BE THE CLEANER OPTION.

OKAY. TO ELIMINATE THE BREEZEWAY, BUT IT DOESN'T EVEN SEEM LIKE IT'S A BREEZEWAY ANYMORE. IT SEEMS LIKE IT'S JUST AN EXPANSION OF THE OUTDOOR PATIO.

YEAH. AND JUDGING BY THE BUILDING MATERIALS, IT DOESN'T SEEM LIKE IT'S GOING TO BE FIRE RATED, EITHER. YEAH. NO SHOWS ON THERE.

ON THE ON THE WINDSTORM, THE TWO BY SIX AND ALL THE OSB AND ALL THAT GOOD STUFF. THANK YOU, MR. JAIME. INTERESTING.

ANY MORE QUESTIONS? COMMENTS? OKAY, THEN I'LL GO AHEAD AND CLOSE THE PUBLIC.

WAS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO MAKE A COMMENT? AND I'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT SECTION ON THIS ITEM, AND I'LL ASK THE BOARD FOR A MOTION.

MOTION TO DENY THE REQUEST.

I HAVE A MOTION FOR DENIAL FROM MR. ALMAGUER. I SECOND THE MOTION.

I HAVE A SECOND. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

MICHAEL, I BELIEVE THAT MR. ALMAGUER IS NOT A VOTING MEMBER ANYMORE.

I THINK THERE WERE SOME CHANGES THAT WERE DONE AT THE CITY COUNCIL MEETING. OKAY.

LET ME LOOK AT THAT. HE'S THE FIRST ALTERNATE.

OKAY. SO THEN I'LL MOTION TO DENY.

OKAY. I HAVE A MOTION FOR.

THEN I'LL RESCIND THE LAST MOTION.

AND I'LL ASK THE BOARD FOR A NEW MOTION.

MOTION FOR. FOR DENIAL FOR MR. RUIZ. I SECOND. I HAVE A SECOND FOR MR. GARZA. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES.

OKAY. THIS NEXT ITEM IS ALSO A VARIANCE REQUEST.

THIS IS BY J UMC GROUP, LLC, AND IS TO ALLOW THE CONSTRUCTION FOR A

[B. Request by JUMC Group LLC. for a Variance to the City of Edinburg Unified Development]

THERE WAS ONE THAT WAS ISSUED A VARIANCE.

SO THE VERY FIRST ONE, LOT NUMBER ONE IS YOU'RE COMING IN TO THE SUBDIVISION WAS ISSUED A VARIANCE BACK IN 2020 2ND AUGUST OF 2022.

[00:20:04]

BUT OTHER THAN THAT, EVERYBODY'S COMPLIED. AND THE REASON THAT THEY WANT THE VARIANCES TO MAXIMIZE THEIR THEIR PARKING LAYOUT THEY WANT TO BE ABLE TO HAVE THE PARKING TO, I GUESS, MANEUVER WITHIN THE LOT AND THEN EXIT OUT FACING TO TO THE FRONT OF CARMEN.

BUT STAFF IS RECOMMENDING DENIAL.

PERHAPS IF IF THE BOARD IS INCLINED TO ISSUE SOME KIND OF VARIANCE TO KEEP IT IN LINE WITH WHAT'S BEEN APPROVED IN THE PAST, BUT DEFINITELY NOT AT THE EIGHT FEET.

THANK YOU, MISS RUSSELL.

IS THE APPLICANT HERE TO SPEAK ON THE ITEM? PLEASE APPROACH THE PODIUM AND STATE YOUR NAME FOR THE RECORD.

GOOD AFTERNOON GENTLEMEN. MY NAME IS JORDAN SANCHEZ FROM GYPSY GROUP. I AM A CO-OWNER OF THE COMPANY AND MY WIFE, ALSO CO-OWNER HERE.

PRESENT MARIA SANCHEZ.

SO, YES. THE REASON WHY WE ARE ASKING FOR THE VARIANCE IS, MR. AZEVEDO SAID, TO REDUCE THE SETBACK TO EIGHT FEET, TO BE ABLE TO OPTIMIZE THE PROPERTY.

BUT ALSO ONE THING THAT YOU CAN SEE IN THE IN THE LAYOUT, I CAN SEE IT ON MY SCREEN. I DON'T KNOW IF YOU ALL CAN SEE IT THERE, BUT SPECIFICALLY ON SLIDE NUMBER THREE, I BELIEVE YOU CAN SEE HOW WE ACCOMMODATED IT TO BE FOUR AND FOUR LOOKING TOGETHER.

AND THE REASON WHY THAT IS, IS WHEN WE WERE ABLE TO GO WITH PLANNING AND DEVELOPMENT WITH THE TEAM, WE WERE INFORMED, THANK YOU THAT WE NEEDED TO BE ABLE TO HAVE THE VEHICLES.

THEY COULD NOT BE FACING THE STREET TO HAVE THE VEHICLES COME DIRECTLY OUT TO THE STREET, AS IF YOU WERE LIKE IN A NORMAL SINGLE FAMILY UNIT.

SO TO BE ABLE TO COMPLY WITH THAT, THAT'S WHY WE HAVE IT NOW WHERE THERE ARE FOUR FACING SIDE BY SIDE IN FRONT OF EACH OTHER.

SO THAT WAY THEY'RE ABLE TO BACK UP AND HIT THE STREET ON THE FRONT SIDE.

SO THIS IS WHAT WE HAVE FOR OUR PROPOSED DESIGN FOR THAT, FOR THAT LAND. AND THIS IS THE IDEA FOR FOR OUR PROJECT.

AND THAT IS THE MAIN REASON WHY WE ARE ASKING FOR THE VARIANCE TODAY. THANK YOU SIR.

MR.. ALSO, I HAD A QUESTION.

YOU MENTIONED SOMETHING ABOUT THE REAR EASEMENT BEING AMENDED AT SOME POINT.

THERE WAS A VARIANCE THAT WAS ISSUED FOR THE FIRST LOT AS YOU'RE COMING INTO THE SUBDIVISION. OKAY. THE THE ZONING BOARD OF ADJUSTMENTS GAVE A VARIANCE TO THAT LOT OWNER WHERE THEY REDUCED IT TO TEN FEET TO THE REAR SETBACK.

THE REQUEST FOR HERE TONIGHT IS FOR EIGHT FEET IN THE BACK.

THERE IS A FIVE FOOT UTILITY EASEMENT IN THE BACK.

IT'S ONLY FIVE FEET, THOUGH. OKAY.

IT'LL BE ENCROACHING ON ON THE UTILITY EASEMENT IN THE BACK.

IT'S NOT GOING TO KEEP THEM IN LINE, BECAUSE THE ONE THAT WAS GRANTED THE VARIANCE WAS THE VERY FIRST ONE. AND THIS IS LIKE AN INTERIOR LOT TOWARDS THE END OF THE SUBDIVISION. SO IT'S NOT REALLY GOING TO AFFECT THE ALIGNMENT IN ANY WAY.

IF WE DO GO ONE SLIDE BEFORE YOU CAN ACTUALLY SEE AN AERIAL VIEW OF THE OF WHERE THE LAND IS VERSUS I'M SORRY, I'M IN THERE.

YOU CAN SEE IT A LITTLE BIT BETTER. BUT WHEN WE TALK ABOUT THE FIRST LOT AND THEN YOU CAN SEE WHERE WE ARE, WHICH IS THE SECOND TO THE LAST ONE.

YOU SEE, THE FIRST ONE IS CLEARLY A LITTLE BIT DEEPER THAN THE OTHERS. BUT THEN AFTER THAT, THEY ALL KIND OF SEEM TO FOLLOW THE 16.5.

MR. HYMAN. OH, AND I SEE THE PARKING SPACES.

THEY'RE ALL VERY SIMILAR TO WHAT IS BEING PRESENTED TO US FROM THAT NEIGHBORHOOD.

IS IT THE SAME THING? RIGHT? I MEAN, YOU COULD WORK WITH THE BUILDING AND AND REDUCE IT.

THOSE ARE MAINLY TWO STORY STRUCTURES.

OKAY. SO I GUESS YOU COULD WORK WITH THE BUILDING TO MAKE IT SMALLER, BUT THE PARKING SPACE, THE WAY IT'S FIGURED OUT, IT'S THAT'S PRETTY MUCH WHAT WE'RE WORKING WITH RIGHT NOW ON THE ON THE FOURPLEX.

RIGHT. I THINK THEY LEFT LIKE A SIDEWALK ALONG THE BUILDING TO BE ABLE TO ACCESS THE THREE FOOT SIDEWALK, BUT THAT'S PRETTY STANDARD.

OKAY. THANK YOU. MR. ADAMS, ONE THING THAT I WOULD LIKE JUST TO POINT OUT FOR THE RECORD, IS THAT THOSE LANDS THAT ARE IN FRONT OF US, THEY ARE DEEPER LANDS FOR WHAT THEY ACCOMMODATED VERSUS WHAT ANY ONE OF THE PROPERTIES HAVE ON THE SOUTH SIDE.

BUT THAT'S WHY WE TRY TO PUT IT IN LINE IN THIS MANNER,

[00:25:02]

YEAH. THAT'S ALSO SOMETHING THAT THAT I FORGOT TO MENTION.

NOT ALL THE LOT DEPTHS ARE THE SAME.

YEAH. PROBABLY JUST TO THE RIGHT OF THAT.

I WENT OVER HERE AT THE CUL DE SAC. NO, I THINK IT'S A CUL DE SAC LOT. THAT'S DEEPER.

YEAH. LOT NUMBER 12 IS JUST A LONG, DEEPER LOT.

THE ONE ON TOP OF IT. I LIKE THE ONE ON. DO WE KNOW THE WIDTH OF THE PROPERTY BEHIND IT? AND THE ONLY REASON I ASK IS BECAUSE I GUESS IF AT ONE POINT THAT GETS DEVELOPED, IT LOOKS. IT LOOKS REAL THIN, RIGHT? SO I DON'T KNOW IF IT EVEN HAS POTENTIAL TO BE DEVELOPED, BUT THEN YOU'RE GOING TO HAVE A BUILDING BEHIND YOU AND YOU'RE EIGHT FEET AWAY FROM THE SETBACK, SO. OR FROM THE LOT LINE.

SO YOU'RE GOING TO BE KIND OF CLOSE TO, TO A NEIGHBOR IF YOU EVER HAVE A NEIGHBOR THERE. RIGHT. BUT I DON'T KNOW THAT THAT PROPERTY IS EVEN WIDE ENOUGH TO BE ABLE TO PUT IN A STREET AND DO ANYTHING WITH IT.

I DON'T THINK IT IS THAT LONG.

YEAH, THAT LONG LITTLE STRIP BEHIND IT, ACTUALLY.

I THINK IT'S 82FT. AND SO YOU NEED 50FT FOR YOUR STREET RIGHT OF WAY.

IT DOESN'T IT DOESN'T LEAVE YOU WITH MUCH. SO THAT'S GOOD THAT YOU DON'T HAVE A NEIGHBOR IN THE BACK OF YOU. RIGHT.

SO OKAY. IS THERE ANY MORE QUESTIONS? COMMENTS FOR THE APPLICANT? IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO MAKE A COMMENT? OKAY. THEN I'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT SECTION ON THIS ITEM, AND I'LL ASK THE BOARD FOR A MOTION.

ANY MORE DISCUSSION ON THE ITEM? CAN I HAVE A QUESTION? BUT MAYBE WE CAN.

WE CAN GO BACK RIGHT AND OPEN OPEN THE ITEM UP FOR PUBLIC COMMENT SOME MORE.

SO I NOTICED EIGHT FEET.

I KNOW A LOT OF OUR PROPERTIES NOWADAYS, ESPECIALLY THESE NEW NEIGHBORHOODS. WE'RE GOING WITH SOME TEN FOOT SETBACKS.

HAVE YOU TRIED WORKING? I SEE YOU HAVE 32FT OF YOUR APARTMENT.

HAVE YOU TRIED DOING AT LEAST TEN FEET IN OUR SETBACK? IN YOUR SETBACK TO WHERE IT COULD FUNCTION.

THAT'S WHAT. THAT'S WHAT I WAS ASKING EARLIER. OH. YOU DID. I APOLOGIZE. NO, BUT I DON'T KNOW IF HE. I WAS ASKING IF HE DID IT TO TEN FEET.

WHAT WOULD THAT DO TO HIS PROJECT? OH, OKAY. RIGHT. AND SO IF WE MATCHED THE OTHER VARIANTS, THAT'S WHAT I WAS ASKING.

COULD HE STILL FIT HIS PROJECT, OR WOULD HE HAVE TO MAKE THE ROOM SMALLER OR THE PARKING A LITTLE BIT SMALLER? WOULD IT FIT? IF. BUT I DON'T KNOW IF IT WOULD.

THAT'S THAT WAS MY QUESTION EARLIER. I DON'T KNOW WHAT THAT MEANS. IF WE IF WE MATCH THE OTHER VARIANTS TO MAKE IT, AND IT'S SOMETHING MORE COMMON NOWADAYS THAT WE'RE GETTING TEN FOOT SETBACKS. IS THAT TWO FEET? WHAT WHAT DOES THAT DO? BASICALLY, YEAH. AND I SEE THAT YOU HAVE 32FT ON A, ON, ON THE UNIT. SO I DON'T KNOW IF YOU AT 30FT I THINK THERE'S SOME SPACE LIKE IN THE.

WHERE THE FIRST PARKING STALLS ARE FACING ADJACENT TO CARMEN.

THAT LOOKS LIKE MAYBE THERE'S THREE FEET THERE THAT YOU CAN PUSH THAT UP TO GET YOU ANOTHER THREE FEET IN THE BACK.

IS THAT IS THAT CORRECT? I KNOW THAT THERE'S AN EASEMENT IN THE FRONT.

OH, IT'S A TEN FOOT UTILITY EASEMENT.

YEAH. BUT EITHER WAY, I MEAN IT'S PARKING AREA.

SO CAN THE PARKING GO OVER.

CAN GO OVER THE EASEMENT. YOU CAN GO OVER THE EASEMENT AS LONG AS THE FOOTING DOESN'T ENCROACH ONTO THE THE EASEMENT.

RIGHT. BUT YOU'RE NOT GONNA BE ABLE TO PUT A CARPORT. WE CAN'T PUT A CARPORT OVER THE EASEMENT. WE HAVE TO LEAVE HALF OF IT OFF.

WE PUT WE PUT CARPORTS OVER EASEMENTS ALL THE TIME.

AS LONG AS THE FOOTING DOESN'T ENCROACH, THE OVERHANG IS ALLOWED.

THE OVERHANG, BUT THE FOOTING CAN'T. RIGHT. OKAY, MAYBE THAT'S ONE WAY TO GET YOU TO TEN FEET.

IT'S ACTUALLY I THINK YOU HAVE.

IF THE PLAN IS ACCURATE THREE FEET AND ONE INCH,

[00:30:03]

THAT'S KIND OF NOW THE THE NEW STANDARD FOR A LOT OF THESE FOURPLEX SUBDIVISIONS.

I HAVE A QUESTION FOR YOU.

SO THERE'S A UTILITY EASEMENT IN THE BACK RIGHT.

THERE'S NO UTILITIES IN THE AREA THAT HE WANTS TO BUILD ON THE UTILITIES.

IT'S ONLY A FIVE FOOTER THOUGH. OKAY.

SO HE WOULD CLEAR EVEN WHAT THEY ATE.

OKAY. WOULD THAT BE ENOUGH SPACE FOR THE CITY TO BE WORKING OR A COMPANY TO COME IN AND WORK? I CAN'T REALLY SPEAK.

MAYBE. MAYBE I DON'T KNOW.

UTILITY. OKAY. THEY'RE IN THE HOUSE AND THEY'RE BACK THERE.

SO THIS IS MY THOUGHTS.

IF WE'RE ABLE TO PUSH IT TO TEN FEET, IT WOULD WORK ALONGSIDE WITH WHAT WE'VE BEEN ALREADY WORKING WITH ON SUBDIVISIONS HERE.

OKAY. THE MOMENT THAT WE START DOING EIGHT FEET, TOMORROW IS GOING TO BE SIX FEET AND WHAT HAVE YOU. YOU KNOW, THAT DOESN'T CONCERN US, RIGHT? BUT I JUST WANT TO MAKE SURE THAT WE'RE ALWAYS ON THE SAFETY SIDE OF THINGS, BECAUSE YOU DO HAVE A VACANT LAND IN THE BACK THERE.

SO FOR WHAT WE KNOW, SINCE THERE'S A UTILITY EASEMENT, YES, WE THE ONLY ARE GOING TO USE FIVE.

BUT AT THE SAME TIME, IT'S ALSO GOING TO LEAVE YOUR BUILDING VERY CLOSE TO WHATEVER COULD HAPPEN IF THERE IS THAT THEY RUN LINES OR WHATEVER INTO THIS NEW PROPERTY THAT'S THERE BEHIND YOU.

SO MY I'M JUST MY COMMENTARY WOULD BE IF WE COULD DO TEN FEET IN THE SETBACK.

AND LIKE MICHAEL SAYS, IF YOU'RE ABLE TO PUSH THE PROJECT UP FORWARD AND THEN GO THROUGH PLANNING AND ZONING, WE I IN MY OPINION, OR MY SUGGESTION WOULD BE THAT WOULD WORK OUT BETTER IF WE COULD TRY TO ACCOMPLISH THAT.

THAT'S JUST WHAT MY COMMENTS WERE FOR.

FOR THAT. YES. YES, SIR.

WE WOULD MAKE THE WAY TO BE ABLE TO COMPLY WITH THE TEN FEET THAT YOU'RE SUGGESTING.

WE'LL ADJUST THE PROJECT.

AND COMING INTO LINE WITH WHAT WE TALKED ABOUT, THE EASEMENT MAKING. OBVIOUSLY, THE FOOTING IS NOT THE TWO FEET THAT IS WITHIN THE TEN FOOT EASEMENT LINE.

WE CAN WE WOULD BE ABLE TO WORK WITH THAT WITH THE TEN FEET.

WE WILL DO THAT. SO THAT WAY IT WILL COMPLY WITH WHAT YOU ALL HAVE ALREADY DONE AND WHAT'S GOING IN LINE WITH FUTURE PROJECTS HERE IN THE CITY THAT WORKS.

YES, SIR. THANK YOU. LET ME MAKE A MOTION ANYWAY.

OKAY. IS THERE ANY MORE COMMENTS, QUESTIONS FOR THE APPLICANT OR ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO MAKE A COMMENT? IF NOT, THEN I'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT SECTIONS AGAIN, AND I'LL ASK THE BOARD FOR A MOTION.

I JUST HAD WOULD HE HAVE TO APPLY FOR A NEW VARIANCE? NO. SO JUST WITH THE CONDITIONS, MR. JAIME, THAT WE JUST CONDITIONS THAT YOU GUYS APPROVE IT AT TEN FEET? YEAH. OKAY.

THAT WORKS. DO YOU WANT TO MAKE THAT MOTION? YEAH. I'LL GO AHEAD AND MOTION FOR APPROVAL WITH CONDITIONS OF THE TEN FEET SETBACK AND THE BACK.

AND THEN, OF COURSE, GOING THROUGH THE AVENUES OF YOUR PERMITS AND PLANNING AND ALL THAT GOOD STUFF. SO I HAVE A MOTION FOR APPROVAL, SUBJECT TO THE ENCROACHMENT ONLY BEING, WELL, NOT THE ENCROACHMENT, BUT THE THE REAR SETBACK BEING TEN FEET.

SECOND. I HAVE A SECOND FROM MR. GONZALEZ. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN.

MOTION PASSES. THANK YOU.

SIR. YES. THE LAST ITEM

[C. Request by Victoriano E Guerra & Bertha A Guerra for a Variance to the City of Edinburg]

TO ALLOW STRUCTURES OVER A TEN FOOT UTILITY EASEMENT LOCATED ALONG THE EAST SIDE OF THE PROPERTY, BEING LOT ONE SUGAR LAND APARTMENT SUBDIVISION LOCATED AT 2226 NORTH SUGAR ROAD.

AND THIS IS A GUERRA'S RESTAURANT.

AND WHAT THEY'VE DONE IS THEY'VE PLACED A COOLER IN THE BACK OF THE EASEMENT, AND THEY WANT TO PUT A, LIKE, A ROOF STRUCTURE TO PROTECT THE COOLER.

SO THUS, I GUESS, TRIGGERING THE VARIANCE REQUEST BECAUSE ALTHOUGH THE COOLER IS MORE LIKE AN APPLIANCE, ONCE YOU PUT A ROOF ON IT, THEN IT DOES TRIGGER THE VARIANCE PROCESS.

SO IN 2020 WE DID ALLOW A VARIANCE.

THIS WAS ORIGINALLY A PLAT THAT HAD A 20 FOOT REAR SETBACK, AND IN 2020 IT WAS REDUCED TO A TEN FOOT REAR SETBACK.

SO IT KIND OF REDUCED THE DISTANCE THERE TO THE BACK MASONRY WALL.

BUT WE'RE RECOMMENDING DENIAL.

I MEAN, WE WOULD RECOMMEND THAT IF THEY ARE GOING TO BE BUILDING SOMETHING THAT WILL MEET THE MINIMUM TEN FOOT CODE.

THAT OR THE TEN FOOT REAR SETBACK THAT'S ALREADY BEEN GIVEN TO GO TO THE ZERO LOT

[00:35:01]

THANK YOU, MR. RUSSELL. IS THE APPLICANT HERE TO SPEAK ON BEHALF OF THE ITEM? HELLO. GOOD AFTERNOON. GOOD AFTERNOON SIR. MY NAME IS ESSER GUERRA.

MY PARENTS ARE THE OWNERS, VICTORIANO AND BERTA GUERRA.

ESTE. WE WE'RE ASKING PERMISSION TO TO GO AHEAD AND BUILD THE STRUCTURE.

WELL, FIRST AND FOREMOST, IF WE CAN PLACE THAT FREEZER THERE WE WE TRIED EXHAUSTING OTHER RESOURCES OR FINDING OTHER WAYS WHERE WE CAN PUT IT BECAUSE OF OTHER EASEMENTS ON THE NORTH SIDE AND SOUTH SIDE.

IT'S ALSO IT DOESN'T IT DOESN'T REALLY GO THERE.

AND IT'S, YOU KNOW, IT'S GOING TO BE FURTHER AWAY FROM THE MEAT MARKET.

WE TRIED PUTTING IT INSIDE.

IT DOES FIT INSIDE, BUT THEY ARE 1100FT², SO THEY'RE A LITTLE TIGHT.

AND WE ALREADY HAVE 2 OR 3 MEAT DISPLAYS.

AND WE'RE GOING TO HAVE A DISPLAY FOR VEGETABLES AND DRINKS AND YOU KNOW, ALCOHOL. SO THERE'S JUST A LOT OF COMPRESSORS.

IT CREATES A LOT OF HEAT INSIDE A LOT OF NOISE ALSO.

SO WE TOOK IT OFF AND WE, WE, WE PUT IT WE SET IT UP TOGETHER.

WE ASSEMBLED IT OURSELVES. IT'LL IT'LL ASSEMBLE LIKE IN MAYBE 2 OR 3 HOURS WITH 2 OR 3 PEOPLE. IT'S IT'S EASY EASY SETUP.

WE DID GO AHEAD AND CALL THE MRS. DIG. THERE ARE NO NO WHAT DO YOU CALL IT? THERE'S NO UTILITIES, UTILITIES.

THERE'S NO UTILITIES CROSSING UNDER THERE.

THE ONLY THING IS RIGHT HERE ON THE BOTTOM CORNER, ON THE BOTTOM OF THE OF THE PICTURE.

YOU SEE THE THE GREASE TRAPS.

THOSE ARE GREASE TRAPS. YEAH. SO IT DOES CONNECT TO THE GREASE TRAP, BUT IT'S THE ONE FURTHER ALL THE WAY OVER THERE. IT'S A SIX BY EIGHT.

I DON'T KNOW, LIKE I SAID.

AND IF ANYTHING, IF BUILDING A IF IT'S A THE STRUCTURE THAT IS COMING OUT OF THE GROUND, THAT BECOMES. WELL, I KNOW THAT DOESN'T BECOME THE THE ISSUE AT HAND.

I KNOW IT'S IN AN EASEMENT OF TEN FEET, BUT IF ANYTHING, I COULD JUST BUILD A LITTLE STRUCTURE THAT GOES FROM THE THE MASONRY FENCE IN THE BACK.

I COULD JUST TO THE BUILDING IS JUST TO TAKE A LITTLE BIT OF THE HEAT OFF FROM THE, FROM THE ACTUAL FREEZER AND THAT'S, THAT'S WHAT WE'RE THAT'S WHAT WE'RE PROPOSING. WELL, ASKING FOR MR. GUERRA, I HAVE A QUESTION.

SO IF WE DO THIS, IF YOU'RE PUTTING TOGETHER THIS STRUCTURE, I SEE YOU'RE ON PROPERTY LINE.

THAT SLOPE OF YOUR ROOF IS GOING TO BE TOWARDS THE NEIGHBORING HOUSE OR TOWARDS THE NEIGHBORING. YEAH. WE OWN.

YEAH. MY PARENTS OWN THE APARTMENTS. APARTMENT. YOU. OH, YOU OWN THE APARTMENTS BACK THERE? YEAH. AS WELL.

AND THEN IT'S AN EIGHT FOOT WIDE.

SO IT WOULD BE A OKAY.

THANK YOU. YES, SIR. AND I HAVE ANOTHER QUESTION ACTUALLY.

SO WHEN WE DO THE SUPPORTS, ARE YOU GOING TO RUN THEM OFF THE FENCE OR ARE WE LOOKING AT. IT WOULD HAVE HELPED IF WE HAD A LITTLE JUST YOUR CONCEPT OF HOW YOU'RE GOING TO DESIGN IT. IF IT'S GOING TO BE MORE, LET'S SAY A COVERING COMING IN FROM THE FROM THE BUILDING.

THEY I KNOW WE DID SPEAK TO WE DO HAVE A AN INVENTORY LIST OF WHAT THEY PROJECTED TO PROPOSE. I SAID WE'RE GOING TO NEED LIKE A LITTLE MAP SO THAT THE CITY CAN SEE, LIKE A LITTLE SKETCH OF WHAT IT ENTAILS.

HE WAS BUSY AT THE TIME, BUT I WAS TALKING TO MR. FRED, OR. I THINK THAT'S HIS NAME.

SO WE'VE BEEN TALKING TO THE CITY, SO I'M LIKE, MY BIGGEST CONCERN RIGHT NOW IS LET'S SEE IF THEY'LL ALLOW IT.

IF THEY'LL ALLOW IT, I CAN SKETCH IT UP OR BASED ON, YOU KNOW, WHATEVER RECOMMENDATIONS THE CITY HAS.

LIKE I SAID, HE MADE A PROPOSAL BASED ON POLLING FROM THE FLOOR UP, YOU KNOW, ON, ON ON THE GALVANIZED TODO ESO.

BUT I DIDN'T KNOW IF IT'S EASIER TO PASS IF I COULD JUST GO OFF OF MY OWN FENCE WHERE NOTHING IS BOLTED ONTO THE GROUND.

INSTEAD, I'M GOING TO HAVE TO BOLT THE THE FREEZER TO THE GROUND.

CON ESTA. PERO THAT'S THAT'S THE ONLY THING THAT WE DON'T KNOW IF, IF YOU'LL ALLOW IT. IF YOU'LL ALLOW IT, WE CAN WE CAN PROPOSE A, YOU KNOW, A SKETCH AND EVERYTHING. TO SPEC, YOU KNOW, WHATEVER THE CITY RECOMMENDS, YOU KNOW, WINDSTORM OR, YOU KNOW, WHATEVER THAT IS.

OKAY. THANK YOU, MR. GUERRA.

AND THE BUILDING IS FACING WEST.

YEAH. YES. FACING WEST.

SO WE HAVE THE SHADE. EITHER WAY, WE'RE USING THIS COVERING MORE FOR THE HEAT OR BECAUSE IT'S WATERPROOF? I IMAGINE IT'S WATERPROOF.

IT'S WATERPROOF. IT'S GOT INSULATION AND EVERYTHING. AS MORE AND MORE FOR THE HEAT, FOR THE HEAT. SO IT KIND OF.

YEAH. AND HAVE WE CONSIDERED MAYBE DOING SOME SORT OF ROOF FROM THE BUILDING, LIKE AN OVERHANG, LIKE A PORCH TO CATER TO THAT? OR DOES IT BECOME TOO MUCH OF A, OF A, OF A.

NO. I MEAN WE COULD JUST DO LIKE A LITTLE, YOU KNOW,

[00:40:01]

YEAH. LIKE PRETTY MUCH LIKE, LET'S SAY THIS IS YOUR BUILDING ATTACHING TO THE BUILDING LIKE A OVERHANG PER SE, SINCE YOU'RE WORKING WITH WHERE YOU'RE WORKING WITH TEN FEET.

YEAH. THE OVERHANG YOU WOULD HAVE TO GET WITH ENGINEERING, RIGHT? WITH A WINDSTORM OR HOWEVER BIG YOUR, YOUR COVERING IS GOING TO BE, JUST TO KIND OF OVERHANG IT.

YEAH. BECAUSE IT'S NOT MUCH. IT'S JUST IT'S JUST I HADN'T EVEN THOUGHT LIKE THE THE LOANS THAT THEY PUT LIKE ON THE POOLS WITH LIKE A LITTLE CURVE JUST, YOU KNOW, SOMETHING LIKE LIKE LITTLE TARP.

YEAH. LIKE THE CARPORT I MEAN IF.

YEAH, IF THEY DON'T ACCEPT THAT SHE LIKES TO DO EVERYTHING, YOU KNOW, YOU KNOW, BE A IF ANYTHING, I COULD PUT A TARP IF THEY WILL ALLOW ME TO PUT THE FREEZER THERE. AND THAT'S WHY I HAVEN'T MOVED ON THE ELECTRICIAN EITHER.

YOU KNOW, TO TO PUT ALL THE ELECTRICAL COMPONENTS THERE BECAUSE WE WERE WAITING ON, YOU KNOW, IF WE WERE GOING TO GET ALLOWED TO DO THAT. THANK YOU.

MR.. MORE MONEY. AND THE REASON I'M ASKING THOSE QUESTIONS, I JUST FEEL THAT WHEN, LET'S SAY WE DO A STRUCTURE RIGHT NOW, WE'RE RUNNING. ALTHOUGH YOUR PARENTS ARE THE OWNERS OF THE APARTMENTS BACK THERE, BUT NONETHELESS, THEIR PEOPLE LIVE IN THOSE APARTMENTS.

WE HAVE A STRUCTURE NOW WHICH WE COULD DO IT RIGHT.

I DON'T KNOW IF IT'S GOING TO TOPPLE OVER EVENTUALLY, OR MAYBE NOT, BUT NOW WE'RE DEALING WITH MORE.

EVEN AS IT IS, YOU GUYS ALREADY HAVE A TIGHT SPACE ON THAT SETBACK AND NOW WE'RE ADDING MORE PILLARS, ETC. SO I'M JUST KIND OF TRYING TO BOUNCE SOME IDEAS OFF OF WHAT WE COULD DO BECAUSE WE, YOU KNOW, WE UNDERSTAND YOU GUYS ARE RUNNING A BUSINESS HERE AND WE, WE, WE LOVE THAT FOR THE CITY ALSO.

AND WE JUST WANT TO MAKE SURE THAT EVERYBODY AROUND THERE, BECAUSE I SEE THE FANS IS RIGHT ON THE OTHER APARTMENTS.

AND, YOU KNOW, IF WE'RE GOING TO DO WATER, THEN YOU MIGHT BE GETTING COMPLAINTS FROM THE TENANTS, WHICH IS NONE OF OUR BUSINESS HERE.

BUT I'M JUST TRYING TO, YOU KNOW, ACCOMMODATE WHAT WE'RE DOING. WE'RE TRYING TO DO EVERYTHING RIGHT. AND THEN THE BEAUTY IS THAT YOU GUYS ARE FACING WEST, SO YOU ALREADY HAVE SOME OF THAT GOOD SHADE. YOU JUST NEED SOMETHING EXTRA TO KEEP SOME OF THAT HEAT AWAY FROM THAT NOONTIME.

YEAH. SO THANK YOU, MR. GUERRA. THAT WAS THOSE QUESTIONS.

APPRECIATE IT. I HAVE A QUESTION FOR STAFF.

THE VARIANCE READS WE TO ALLOW THE PLACEMENT OF A CONCRETE SLAB.

IS THAT WHAT WE'RE LOOKING AT? THAT'S ALREADY BEING BUILT, OR IS IT AN ADDITIONAL SLAB? ABSOLUTELY. THE WHOLE BACK AREA IS CONCRETED ALREADY.

RIGHT. SO THEN IT'S GOING TO BE PUTTING IT ON TOP OF A PLATE.

IT WOULDN'T BE BOLTING IT DOWN, BUT THERE'S NO CONCRETE BEING ADDED.

IT'S ALREADY THERE. IT'S ALREADY THERE. AND THEN IT SAYS AND STRUCTURES.

WELL, THAT WOULD BE THE ROOF. THAT ARE WE? SO I JUST WANT TO MAKE SURE.

ARE WE ARE WE JUST HERE VOTING ON A ROOF TO COVER THE APPLIANCE THAT WE'RE SEEING THE REFRIGERATOR? OR ARE WE ALLOWING FOR FURTHER STRUCTURES? BECAUSE THEN, YOU KNOW, I THINK THAT'S A PROBLEM.

WE NEED TO BE CLEAR ABOUT WHAT WE'RE APPROVING HERE.

RIGHT. CAN YOU LIMIT IT OR NOT? BECAUSE WHAT I'M SAYING IS, LIKE, I DON'T WANT TO.

WE WENT FROM 20 AND NOW WE'RE GOING TO TEN, AND NOW WE'RE GOING TO ZERO, RIGHT. AND THAT'S I DON'T WANT TO JUST SAY WE APPROVE EVERYTHING THAT YOU'RE GOING TO BUILD. YOU KNOW, ANYTHING THAT YOU WANT TO BUILD FROM NOW ON? I MEAN, IT HAS TO COME HERE. IT HAS TO GO THROUGH BUILDING DEPARTMENT. IT HAS TO GET APPROVED SPECIFICALLY FOR THIS PROJECT, I GUESS.

IS THAT WHAT YOU'RE TRYING TO SAY? YEAH, I'M TRYING TO SAY HE DOESN'T GO DOWN THE FENCE LINE AND BUILD THE WHOLE STRUCTURE.

YEAH. LIKE THAT YOU WILL.

BUT IS THERE A PROTECTION FOR THAT OR CAN YOU DO LIKE PER.

PER ITEM THAT'S COME TO THE, TO THE BOARD.

I DON'T KNOW HOW THAT WORKS.

WHERE DOES IT STOP. YEAH EXACTLY.

SO I WANT TO MAKE SURE THAT WE WHEN WE APPROVE, IF WE APPROVE SOMETHING THAT IT'S SPECIFIC TO THAT CERTAIN THING ONLY.

RIGHT. AND NOT JUST A I'M GOING TO PUT THREE MORE FREEZERS AND DO THE SAME THING.

YEAH. IF THE MOTION THE MOTION TO SAY THAT.

CORRECT. CORRECT. YES.

THAT WILL GET RECORDED AND IT WILL KIND OF HOLD THEM TO THAT.

RIGHT? RIGHT. I JUST I WAS JUST MAKING SURE THAT THE, THE VARIANCE ISN'T READING AS IF THEY'RE REQUESTING JUST TO OPEN THE ENTIRE TEN FEET TO ALL SORTS OF STRUCTURES WITH THE REAR SETBACK.

RIGHT. IN ITS ENTIRETY, IF I MAY, MR. CHAIRMAN. YES. THAT WOULD BE THE CORRECT WAY TO IF YOU WERE WANTING TO LIMIT IT TO THE STRUCTURE THAT THEY'RE PROPOSING, WHICH IS THE THE ROOF OVER THE FREEZER.

IT WOULD BE A MOTION WITH THE STIPULATION THAT IT WOULD BE ALLOWING THE CONCRETE SLAB THAT IS IN PLACE AT THE MOMENT, AS WELL AS THE PROPOSED ROOF OVER THE FREEZER, AND THAT WOULD BE DONE IN THE MOTION. OKAY.

THANK YOU. RITA. I DO HAVE A QUESTION FOR STAFF, ACTUALLY WOULD BE FOR THE FIRE MARSHAL'S OFFICE.

WHAT WHAT IS THEIR POSITION WITH REGARD TO THIS REQUEST? I WAS, I WAS I WAS THINKING KIND OF LIKE, ALONG THE SAME WAYS WITH THAT PICTURE WHERE IT HAS THAT LITTLE WALKWAY THAT'S KIND OF VERY YELLOW.

[00:45:08]

RIGHT. STIPULATING THAT IT WOULD BE JUST FOR THAT PARTICULAR APPLIANCE, THAT WOULD BE OKAY. RIGHT? THE CONCERN IS LIKE Y'ALL ARE SAYING, THE INFRASTRUCTURE AS THE BUILDING GROWS, RIGHT? MORE BUSINESSES COME IN OR THEIR BUSINESS GROWS.

THEY NEED TO PUT SOMETHING ELSE. NOW, THE BACK OF THAT BUILDING IS GETTING MORE CONGESTED WITH EQUIPMENT.

IT'LL BE HARDER TO GET HOSELINES BACK THERE.

WE ALREADY WENT FROM 20 TO 10.

RIGHT NOW WE'RE DOING SOMETHING, SO WE'RE GOING TO GO TO ZERO, RIGHT? THERE ARE OTHER BUSINESSES IN THE CITY THAT HAVE THAT, AND THAT IS THE PROBLEM THAT OCCURS.

RIGHT? IS THEY PUT ONE, NUMBER TWO, NUMBER THREE, AND EVENTUALLY THE WHOLE THE WHOLE SETBACK IS LOADED UP WITH STUFF.

SO THAT IS A CONCERN. IF IT IF IT COULD JUST BE STIPULATED LIKE THAT, THAT IT'S SPECIFICALLY FOR THAT ONE FREEZER. I MEAN I COULD SEE WORKING WITH THAT.

THANK YOU, MR. ROSS. I HAVE A QUESTION FOR THE OWNER.

THIS THIS FREEZER, IS IT CENTERED OR IS IT SPECIFIC TO A SUITE? I KNOW THAT. I GUESS YOU HAVE MULTIPLE SUITES.

IT'S RIGHT THAT DOOR THAT YOU SEE FROM THE BUILDING, THAT'S DIRECTLY. THAT'S THE THE THIRD BUILDING.

SO YOU EXIT. YEAH. THAT THE DOOR.

THAT'S RIGHT THERE. YOU EXIT THE.

THAT'S THE THIRD LEASE. SO YOU EXIT THE MEAT MARKET AND THE THE LOCKER IS GOING TO THE THE WALK IN FREEZER IS GOING TO BE RIGHT HERE TO THE LEFT. BUT IS IT.

IT'S NOT IN I GUESS ENCROACHING INTO.

NO. IT'S OTHER SWEET. SO IF IF YOU ARE, IF YOU WERE TO BE ALLOWED TO PUT THE THAT ROOF OR OR FOR THE VARIANCE THAT YOU'RE ASKING FOR BECAUSE I'M ASSUMING YOU'RE GOING TO MAYBE RUN SOME, SOME ELECTRICAL TO IT.

SO I MEAN EACH SUITE HAS ITS OWN METER.

YES. SO IF IT WASN'T CENTERED OR WITHIN THAT SUITE, IF YOU WERE TO LEASE LATER ON TO OTHER TENANTS, THEN IT WOULD KIND OF BE HOW CAN I SAY, LIKE A PROBLEM FOR, FOR FUTURE TENANTS IF YOU ALL WERE TO LATER IF WE WERE TO LEAVE IT THERE WHERE IT'S OFFSET. YOU KNOW, INSTEAD OF BEING RIGHT ON THE LINE OF YOUR SWEET, IF YOU WERE TO CENTER IT I WOULD CENTER IT, BUT I WOULD THINK THAT WOULD CAUSE A LITTLE BIT MORE CLUTTER BECAUSE THE DOOR OPENS FROM THE BUSINESS AND THEN THE OTHER DOOR OPENS FROM THE HIT IT. YEAH.

YOU'LL HIT IT. AND THEN IF SOMEBODY'S TRYING IN CASE OF A FIRE OR SOMETHING LIKE TO GO LEFT OR RIGHT, YOU KNOW.

YEAH. NO, I UNDERSTAND THAT.

I'M JUST SAYING BECAUSE SINCE YOU HAVE INDIVIDUAL SUITES AND EACH SUITE HAS ITS OWN ELECTRIC METER NO, NO, I TOTALLY UNDERSTAND WHAT YOU'RE SAYING.

AND ALL THOSE METERS ARE ACTUALLY LOCATED ON THE NORTH SIDE OF THE BUILDING, SO IT WOULD HAVE TO RUN THEM TO THE REAR AND RUN THEM ALL THE WAY.

THIS WAY THEY WOULDN'T RUN THEM FROM STRAIGHT FROM THE BUILDING, I WOULD IMAGINE. BUT I CAN, I CAN I CAN LOOK AT THAT.

AS OF RIGHT NOW, WE WE'RE WE'RE TAKING ALL THREE LEASES AND WE'RE JUST LEASING THE LAST ONE. IT'S FOR LEASES. THAT LAST ONE JUST GOT LEASED.

SO WE'RE GOING TO TAKE UP ALL THREE.

I WANT TO BRING UP SOMETHING THAT WE NOTICED IN ONE OF THE PICTURES. BACK THERE.

BACK THERE? YEAH. THAT'S RIGHT.

I DON'T WANT TO CONSIDER IT AS PART OF THIS VARIANCE. DO YOU SEE? NO. COMO ESTA UN POQUITO MAS ALGO CON LOS OJOS.

IS. THERE LIKE A FOOT GAP.

YOU MENTIONED THAT YOU WANTED TO BOLT IT DOWN.

WHAT'S THE PURPOSE FOR THAT? TORNADO OR WIND SOMETHING.

IT'S IT'S FIBERGLASS. SO IT'S IT'S PRETTY LIGHT.

YOU KNOW, THE THE TOP.

ASIDE FROM THAT COMPRESSOR HOLDING DOWN THE TOP. I MEAN, JUST IN CASE, I WOULD IMAGINE THAT THE CITY WOULD REQUIRE SOME SOME TYPE OF.

OKAY. HOLD ON. MY CONCERN IS THAT IT'S GETTING PRETTY, PRETTY TIGHT BACK THERE.

AND YOU HAVE A BLOCK WALL.

SO SAY IF SOMETHING WERE TO HAPPEN, PEOPLE NEED TO GET OUT.

AND THERE'S MORE APPLIANCES, MORE AND MORE APPLIANCES THERE.

[00:50:03]

ALL THOSE THINGS THAT ARE BACK THERE. WE WERE USING THAT.

IT'S BEEN WE'VE HAD THAT PLAZA BUILT FOR TWO YEARS AS MORE THAN ANYTHING WE'RE USING IT AS A STORAGE. THAT THIRD ONE, WHILE WE GOT THE RESTAURANT GOING OFF BECAUSE WE HAD OTHER PROJECTS GOING ON.

BUT RIGHT NOW, SINCE WE'RE GETTING READY TO GET THAT MEAT MARKET GOING, WE'RE TRYING TO GET THINGS OUT OF THERE AND, YOU KNOW, MOVING THEM.

WE HAVE SEVERAL STORAGE SPOTS WHERE THAT WE'RE TRYING TO GET ALL THAT CLUTTER OUT OF THERE, WHERE IT LOOKS CLEAN AS POSSIBLE. NO BARBECUE PITS, NO NOTHING.

IT'LL JUST BE THE THE AC UNITS AND THE, THE FREEZER ITSELF AND THE BUTANE TANK THAT'S OVER HERE AT THE CORNER. BUT THE OTHER THING THAT WE CAN ASK FOR IS TO ACTUALLY SEE WHAT YOUR PROPOSAL IS TO, AS FAR AS THE STRUCTURE OF THE CANOPY THAT YOU WANT TO BUILD.

RIGHT. BECAUSE IF WE APPROVE THIS, I FEEL LIKE WE'RE JUST WE'RE NOT REALLY WE'RE NOT SEEING WHAT WE'RE APPROVING.

I TOTALLY UNDERSTAND, LIKE I SAID, AND IF YOU PERMIT ME, I CAN WE CAN MOVE FORWARD WITH, YOU KNOW YOU KNOW, THE ENGINEERS OR WHOEVER I NEED TO TALK TO AS FAR AS WHAT THEY REQUIRE.

LIKE, WE WE BUILT A CANOPY IN FRONT, AND I HAD TO GO GET TALKED TO AN ENGINEER, YOU KNOW, TO TO SEE IF IT WAS.

EVERYTHING WAS BUILT TO SPEC THROUGH THE WINDSTORM AND ALL THAT IS TO TO TO MEET THE CODE FOR THE CITY. SO I WOULD DO THE SAME AS WELL, BECAUSE I KNOW AND I THINK IT WOULD HELP THAT WAY.

FOR INSTANCE, LIKE, I KNOW YOU PROBABLY YOU HAVE NO INTENTION OF DOING THIS, BUT IT YOU KNOW WHAT IF TECHNICALLY WE JUST APPROVED SOMETHING THAT YOU COULD PUT THE THE FOOTINGS FOR THE THING IN THE MIDDLE OF THE, IN THE MIDDLE OF THE TEN FEET AND THEN TO COVER IT, WHICH I KNOW YOU'RE NOT GOING TO DO, BUT. YEAH. NO, THAT'S WHAT I'M SAYING. MOVING FORWARD, I WOULD I WOULD COME BACK. I MEAN, HOPEFULLY I DON'T HAVE TO FILE ANOTHER VARIANCE. BUT MOVING FORWARD, I MEAN, I WOULD COME BACK WITH YOU GUYS AND YOU KNOW, SO YOU GUYS APPROVE.

AND SOMETIMES WE DO THIS, WE TABLE THESE REQUESTS SO THAT WE CAN GET FULL INFORMATION FOR YOUR BENEFIT, FOR OUR BENEFIT AS WELL.

LIKE I SAID, I JUST HAVE A LIST OF THE THINGS THAT HE THAT HE TOLD ME THE GAUGES OF THE, THE LAMINAS AND THE PAULINA'S AND THE BEAMS AND ALL THAT.

BUT IF YOU NEED SOMETHING, YOU KNOW, WRITTEN UP AND I WOULD ACTUALLY WANT TO GO TO SOMEBODY, YOU GET SOME GUIDANCE FROM YOU GUYS. SO THAT WAY I DON'T GO TO HIM AND THEN HE DOES SOMETHING. THEN I GO TO YOU GUYS, WHY DON'T YOU WANT IT THIS WAY? WE WANT IT THIS WAY. SO IF I COULD MAYBE START OFF WITH SOMEBODY, SEE WHAT THEY REQUIRE, AND THEN I'LL GO FROM THERE AND JUST, YOU KNOW. YEAH. AND I THINK THE BUILDING DEPARTMENT CAN GIVE YOU SOME GUIDANCE.

OKAY. AND MAKE IT EASIER FOR US TO APPROVE.

I APPROVE THIS FOR YOU.

MR. GET US SOME RECOMMENDATIONS IF YOU COULD PUT TO.

I KNOW YOU'RE TALKING ABOUT SOMEBODY YOU ALREADY SPOKE TO ABOUT THIS COVERING WITH THE POLICE AND ALL THAT. IF YOU COULD PRESENT SOME DIFFERENT OPTIONS, IT WOULD MAKE LIKE MICHAEL WAS SAYING.

IT WOULD MAKE IT NOT EASIER.

JUST GIVE US A CLEARER PICTURE OF WHAT WE'RE LOOKING AT.

AND I WOULD SUGGEST JUST A RECOMMENDATION IF YOU COULD HAVE TWO OPTIONS OF HOW YOU COULD COVER, JUST LIKE WHAT WE SPOKE RIGHT NOW, THAT MAYBE A LITTLE CANOPY LIKE A LITTLE.

AND THEN THE OTHER OPTION, THAT WAY WE COULD KIND OF SEE BOTH OPTIONS AND WHAT WOULD BE BEST, AND WE COULD GO FROM THERE JUST BECAUSE SINCE WE DON'T HAVE A DESIGN AND WE'RE KIND OF LIKE, THERE'S A LOT OF UNANSWERED.

NO. AND I TOTALLY UNDERSTAND.

AND I TOTALLY APPRECIATE YOU GUYS TIME BECAUSE YOU GUYS ALREADY DID. WE ALREADY DID COME THROUGH A VERY ONE TIME FROM 20 TO 10.

SO I APPRECIATE ALL YOUR TIME.

AND LIKE I SAID, WE'RE JUST TRYING TO MAKE THE BEST OF WHAT WE CAN WITH WHAT WE HAVE AND JUST, YOU KNOW, JUST DO MORE FOR THE CITY, YOU KNOW, FOR US AND FOR THE CITY AND FOR ALL OF US. THANK YOU.

THANK YOU. MR.. WE APPRECIATE YOUR YOUR OPINION, YOUR COMMENTS. THANK YOU FOR BEING ABLE TO BRING IT BACK.

IS THERE ANY MORE COMMENTS FROM ANYONE IN THE AUDIENCE? ANY MORE QUESTIONS, COMMENTS FROM THE BOARD? IF NOT, I'LL GO AHEAD AND CLOSE THE PUBLIC SECTION OF THE ITEM AND ASK THE BOARD FOR A MOTION.

I MOTION TO TABLE THE ITEM PENDING THE COVERING DESIGN.

I HAVE A MOTION TO TABLE THE ITEM PENDING MORE INFORMATION FROM THE APPLICANT.

IS THERE A SECOND? I'LL SECOND THAT MOTION.

HAVE A SECOND FROM MR. GAVEL.

ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

ALL THOSE OPPOSED? SAME SIGN.

MOTION PASSES. MOVING ON TO ITEM NINE.

INFORMATION ONLY. THE ATTENDANCE ROSTER.

MR.. IS THERE ANYTHING ON THE ATTENDANCE ROSTER?

[9. INFORMATION ONLY]

WE HAVE ONE ABSENCE TODAY, BUT HE'S AN ALTERNATE MEMBER.

BUT OKAY. YOU MENTIONED THERE WERE SOME CHANGES AT THE PREVIOUS OR WERE THOSE CHANGES? YEAH. THE PREVIOUS IT'S IT'S BEEN I THINK AT THE PREVIOUS.

WELL, CITY COUNCIL MEETS EVERY TWO WEEKS, SO IT'S BEEN A WHILE, BUT THE CITY COUNCIL MADE SOME CHANGES. WHERE NOW OMAR GUEVARRA IS A VOTING MEMBER, AND MR. ALMAGUER IS NO LONGER A VOTING MEMBER.

[00:55:01]

THEY ALSO APPOINTED A NEW ALTERNATE BOARD MEMBER, WHICH WAS MR. GARZA. MR. GARZA WAS ALREADY HERE. GOOD.

YES. THOSE WERE THE CHANGES THAT WERE DONE. THAT'S IT.

ALL RIGHT. WE'RE WORKING ON SOME OF THE RECOMMENDATIONS THAT WERE BROUGHT UP BY THIS BOARD FOR THE CARPORTS.

AND WE'RE GOING TO BE BRINGING SOME OPTIONS FOR YOU GUYS TO CONSIDER.

EXCELLENT. THANK YOU, MR. CHAIRMAN. THANK YOU, MR. RUSSELL. OKAY, MOVING ON TO ITEM TEN.

ADJOURNMENT. DO I HAVE A MOTION TO ADJOURN THE MEETING? I HAVE A MOTION TO ADJOURN.

SECOND, FOR MR. GONZALEZ.

ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. MEETING ADJOURNED. ALL RIGHT.

[10. ADJOURNMENT]

THANKS.

* This transcript was compiled from uncorrected Closed Captioning.