[00:00:02]
PUBLIC HEARING, THE BOARD MAY QUESTION ANYONE AND MAINTAIN ANY DISCUSSION WHICH CLARIFIES
[1. CALL MEETING TO ORDER, ESTABLISH QUORUM]
THE PROPOSAL AND WILL THEN TAKE WHAT ACTION IT BELIEVES TO BE APPROPRIATE. A MINIMUM OF FOUR[A. Prayer]
[B. Pledge of Allegiance]
[2. CERTIFICATION OF PUBLIC NOTICE]
[4. PUBLIC COMMENTS]
VOTES ARE REQUIRED FOR FOR AN ITEM TO BE APPROVED BY THE BOARD. MOVING ON TO ITEM SIX[A. Public Comments are limited to three (3) minutes. If a resident desires to make a Public]
[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.]
ABSENCES. CONSIDER EXCUSING THE ABSENCE OF BOARD MEMBER MARK GONZALEZ FROM THE OCTOBER 29TH,[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]
[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.]
2025 REGULAR MEETING. HAVE A MOTION TO APPROVE THE ABSENCE. IS THERE A SECOND? I SECOND THE[6. ABSENCES]
[A. Consider excusing the absence of board member Marc Gonzalez from the October 29, 2025,]
MOTION. HAVE A SECOND FROM MR. GARZA. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. MOVING ON TO ITEM SEVEN. PUBLIC HEARINGS.[7. PUBLIC HEARINGS]
[A. Variance request by Victoriano E. Guerra & Bertha A. Guerra for a Variance to the City of]
ITEM A VARIANCE REQUEST BY VICTORIANO GUERRA AND BERTHA E GUERRA FOR A VARIANCE TO THE CITY OF EDINBURG. UNIFIED DEVELOPMENT CODE TO A FOLLOW TO ALLOW THE FOLLOWING TO BE OVER A TEN FOOT UTILITY EASEMENT LOCATED ALONG THE EAST SIDE PROPERTY. LINE ONE A CONCRETE SLAB TO REAR PROPERTY LINE TO EXISTING STRUCTURES. STORAGE SHED, PROPANE TANK, FREEZER, ETC. AND THREE CONSTRUCT A CANOPY TO REAR PROPERTY LINE BEING LOT ONE SUGARLAND APARTMENT SUBDIVISION, HIDALGO COUNTY, TEXAS LOCATED AT 2326 NORTH SUGAR ROAD. YES, SIR. MR. CHAIRMAN. GOOD EVENING. BOARD MEMBERS. MR. CHAIRMAN GUERRERO, ASSISTANT DIRECTOR FOR PLANNING AND ZONING DEPARTMENT. THIS ITEM WAS TABLED AT THE SEPTEMBER 24TH ZONING BOARD OF ADJUSTMENT MEETING. IN ORDER FOR US TO TAKE ACTION ON THIS ITEM, WE DO NEED TO HAVE A MOTION TO REMOVE IT FROM THE TABLE TO FURTHER REVIEW THE ITEM, SO A MOTION WILL NEED TO BE MADE TO TAKE IT OFF THE TABLE. AND THEN WE CAN GO AHEAD AND PROCEED WITH A MOTION TO REMOVE THE ITEM FROM THE TABLE. CORRECT. BECAUSE IT WAS TABLED AT THE SEPTEMBER 24TH ZBA MEETING. OKAY. I'D LIKE TO GO AHEAD AND MAKE THAT MOTION TO REMOVE ITEM SEVEN A FROM THE TABLE AND RECONSIDER IT. WE WOULD NEED A SECOND. I'LL SECOND THAT MOTION. I WAS SECOND FOR MR. GALLEGO. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. OKAY, WE'LL NOW RECONSIDER THE ITEM. JUAN RODRIGUEZ, PLANNING AND ZONING PROPERTIES LOCATED NORTHEAST CORNER OF SOUTH SUGAR ROAD AND WEST CORTLAND STREET.THE PROPERTY IS CURRENTLY ZONED AS COMMERCIAL NEIGHBORHOOD DISTRICT. SURROUNDING PROPERTIES ARE RESIDENTIAL, MULTIFAMILY. THE PROPERTY IS PART OF SUGARLAND APARTMENTS SUBDIVISION THAT IS RECORDED THAT WAS RECORDED ON AUGUST 8TH, 2004. THE APPLICANT IS REQUESTING TO ALLOW FOR THE EXISTING STRUCTURES AND CONCRETE SLAB TO BE ALLOWED ON THE TEN FOOT UTILITY EASEMENT ON THE REAR, AS WELL AS BUILDING A CANOPY. SAME PLACE ON THE TEN FOOT UTILITY EASEMENT. STAFF RECOMMENDS DENIAL FOR THE VARIANCE REQUEST.
IF APPROVED, THE APPLICANT WILL ALSO NEED TO COMPLY WITH THE ALL OTHER REQUIREMENTS DURING THE PERMIT PROCESS. THE VARIANCE WAS IT WAS NOTIFIED TO 27 NEIGHBORHOOD PROPERTIES. NO ANSWER AT THE MOMENT OF THE REPORT. THANK YOU SIR. I'LL NOW OPEN THE ITEM FOR PUBLIC COMMENTS. IS THE APPLICANT HERE TO SPEAK ON BEHALF OF THE ITEM? THANK YOU SIR, PLEASE APPROACH THE PODIUM. HERE. MISS GUERRA. WE WENT AHEAD AND WE PROVIDED, I THINK ON THE LAST MEETING YOU GUYS JUST WANTED TO FIND A MORE OR LESS WHERE THE PICKETS WERE GOING TO BE THE FOR THE GUTTERS, I BELIEVE WE WENT AHEAD AND INCLUDED THAT WITH YOU ALL. I DON'T KNOW IF THAT'S GOING TO BE ENOUGH FOR FOR YOU. IF ANYBODY'S GOING. TO HAVE A QUESTION FOR STAFF. DO YOU REMEMBER I KNOW WE ASKED FOR I DON'T I DON'T THINK WE ASKED FOR A STRUCTURAL DRAWINGS OR MAYBE WE DID, BUT I KNOW WE DID ASK FOR SOME SORT OF CONSTRUCTION PLANS. WHAT WERE THE MAIN ISSUES WITH WHAT WAS PRESENTED BEFORE YOU COULD REFRESH OUR MIND? MR. YES, SIR.
GOOD EVENING. I'M THE PLANNING AND ZONING DIRECTOR AT THE PREVIOUS MEETING, I BELIEVE THE CONTRACTOR CAME UP AND SPOKE ON BEHALF OF THE OF THE APPLICANTS, KIND OF EXPLAINED HOW HE WAS GOING TO DO THE STRUCTURE IN THE BACK AT THE TIME. I BELIEVE HE WAS SURE HOW HE WAS GOING TO AFFIX IT TO THE BUILDING, AND THE BOARD ASKED FOR MORE DETAILS. SO THIS IS THE RENDERING THAT STAFF RECEIVED. LOOKS LIKE THEY'RE GOING TO FIX IT TO THE BUILDING. IT'S STILL NOT SHOWING HOW IT'S GOING TO BE ANCHORED TO THE BUILDING THOUGH. YOUR CONTRACTOR IS NOT
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HERE. NO NO NO HE CAME. AND AS FAR AS I CAN RECALL, IT WAS GOING TO BE BASED ON THE THE GUTTERS. THAT WAS THE LAST THING THAT I REMEMBER. AND THAT'S, THAT'S WHY WE CAME BACK ON THE LAST ONE WE PROVIDED THAT THEY ASKED HIM AS FAR AS THAT DAY. I REMEMBER THEY ASKED HIM SEVERAL QUESTIONS AND I DID. WE HAD INCLUDED A LIST OF THE MATERIALS AND THINGS AS FAR AS THE GAUGING AND ALL THAT. THAT WAS THE FIRST TIME I THOUGHT I WOULD BRING HIM BACK, BECAUSE I DON'T KNOW THE THICKNESS OF THE GAUGES AND ANCHORS AND BOLTS. I MEAN, HE WAS HERE THEN.UNFORTUNATELY, HE COULDN'T MAKE IT THIS TIME. HE HAD I KNOW ONE OF THE MAIN ISSUES THAT WE HAD WAS MAKING SURE THAT THIS WASN'T PRODUCING A SAFETY ISSUE REGARDING EXIT AND ENTRANCE.
MR. ROJAS CAN, I GUESS FROM WHAT YOU SEE, CAN YOU ELABORATE ON WHAT WHAT YOUR OPINION IS? YES. BOARD. FIRE MARSHAL, FROM THE LAST MEETING, IT WAS DISCUSSED WITH MR. CONTRACTOR THAT WHATEVER WAS PROPOSED NEEDED TO BE FIRE RATED, WHICH WAS GOING TO BE A NONCOMBUSTIBLE MATERIAL. AND THEN THE CONCERN ALSO WAS THE DROP DOWN WAS GOING TO BE ON THE REAR PROPERTY, WHICH YOU SAID WAS YOUR PROPERTY, CORRECT? IT WAS BELONGING TO YOUR MOM.
SO WITH THAT ONE, I THINK THE BIGGEST SPECIFICATION WAS GOING TO BE THAT IT WAS A NONCOMBUSTIBLE MATERIAL. AND THEN ALSO WHEN THE FREEZER WAS PUT IN PLACE, THAT IT WOULD NOT INTERFERE WITH THE EXITS WHICH CURRENTLY EXIST ON THE BUILDING FOR THE EMERGENCY EXITS TO DISCHARGE OUT BACK. OKAY. AND THE FREEZER IS IS OFFSET FROM THAT EXTERIOR EXIT FROM THE REAR EXIT. OKAY. SO SO THE BOARD CAN DO ONE OF TWO THINGS. THE BOARD CAN APPROVE IT WITH CONDITIONS THAT THEY MEET ALL THE BUILDING CODES THAT THAT THEY MEET ALL THE FIRE CODES AS WELL. OR THE BOARD CAN DENY IT. MR. SO IF WE WERE TO APPROVE IT, NORMALLY IT HAS TO GO THROUGH THROUGH THE FIRE DEPARTMENT TO GET APPROVAL. RIGHT. SO SO WE'RE NOT APPROVING ANYTHING THAT WON'T GET REVIEWED CORRECT OR WON'T BE APPROVED, HAVE TO BE APPROVED BY FIRE DEPARTMENT AND WON'T HAVE TO BE REVIEWED BY THE CONSTRUCTION DEPARTMENT AND BE APPROVED BY THEM. RIGHT.
SO THAT'S CORRECT. AND THE BUILDING PERMITS WILL ALSO BUILDING SAFETY WILL TAKE A LOOK AT IT ALSO TO MAKE SURE THAT IT'S GOING TO BE SAFE. IT'S GOING TO BE AFFIXED IN A WAY WHERE IT'S NOT GOING TO FLY AWAY AND GO INTO THE NEIGHBOR'S PROPERTY. YEAH. SO SO THAT'S I THINK FOR THE I SPEAK FOR THE, FOR MYSELF AND I THINK FOR SOME OF THE BOARD MEMBERS, WHEN OUR MAIN ISSUE HERE IS MAKING SURE THAT THAT ONE IT'S CONSTRUCTED SO THAT IT'S A SAFE IMPROVEMENT AND SECOND, THAT IT DOESN'T PROVIDE OR IT DOESN'T CAUSE A FIRE HAZARD, RIGHT. FOR YOURSELF OR FOR ANY PEOPLE WORKING AT YOUR RESTAURANT. SO THAT'S GOOD TO KNOW THAT THIS WILL GO THROUGH THE FIRE DEPARTMENT TO, TO BE REVIEWED AND THROUGH THE CONSTRUCTION DEPARTMENT. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO MAKE PUBLIC COMMENTS? MADAM, REST ASSURED, WE WILL TAKE ALL THE MEASURES, ALL THE APPROPRIATE MEASURES AND TALK TO ALL THE DEPARTMENTS. YOU KNOW, THAT'S WHAT WE'VE BEEN TRYING TO DO. YOU KNOW, JUST TRY AND DO IT RIGHT AND JUST, YOU KNOW, GET GOING. BECAUSE WE'VE BEEN WAITING A COUPLE OF MONTHS. AND JUST BECAUSE, YOU KNOW, WE THE THE UNITS THEMSELVES ARE NOT THAT REALLY BIG. WE'RE JUST TRYING TO MAXIMIZE OUR PROFITS, YOU KNOW, AND FOR THE COMMUNITY ALSO. SO THAT'S WHY WE JUST DECIDED TO PUT THAT FREEZER OUTSIDE BECAUSE IT'S JUST I THINK IT'S MORE OF A HAZARD INSIDE THAN OUTSIDE PERSONALLY. IS THAT BECAUSE IT'S JUST MORE MORE NOISE INSIDE, MORE HEAT INSIDE, MORE COMPRESSORS INSIDE. IT'S JUST IT'LL WORK. BUT IT'S I THINK IT'S MORE I MEAN, I THINK IT'D BE BENEFICIAL, YOU KNOW, MORE BETTER FOR WORK. NO, BUT I MEAN, YOU KNOW WHAT I MEAN. YEAH. THANK YOU MISTER. THANK YOU. THANK YOU FOR YOUR TIME.
THANK YOU. SIR, I HAVE A QUESTION FOR MISTER ROJAS. WHAT IS THE HEIGHT? WHAT IS IT GOING TO INTERFERE WITH YOU ALL IF YOU HAVE TO GO? ACTS AS A BUILDING TO THE REAR. IS IT GOING TO THE HEIGHT OF THIS? HOW TALL CAN IT BE FOR YOU GUYS TO CONSIDER IT TO BE RIGHT? SO WITH THE WITH THE CANOPY, YOU WOULD JUST HAVE TO MAKE SURE AND GIVE THE CLEARANCE FOR THE DOORWAYS TO SWING COMPLETELY OPEN. OKAY. AND OTHER THAN THAT WE'LL BE ABLE TO MAKE ACCESS ON TOP IF WE HAVE TO. SO RIGHT NOW BY THE WAY IT LOOKS WITH THE FOUR FOOT HALLWAY, YOU ALL BE ABLE TO HAVE ACCESS IN CASE OF EMERGENCY OR WHAT HAVE YOU. YES, SIR. THE WAY IT CURRENTLY LOOKS.
YES, SIR. WE WOULD MAKE ACCESS TO MAKE AROUND TO THE BACK DOORS. OKAY. THANK YOU. YES, SIR. AND THEN, MR. JAIME, I HAD A CONCERN. I KNOW MY MAIN CONCERN WHEN WE WERE GOING OVER THIS ITEM, WAS THE WATER GOING OVER INTO THE PROPERTY THAT BELONGS TO TO YOUR MOTHER. MR. GUERRA. AND I SEE THAT YOU ON THE ON THE DETAIL HERE. YOU PUT THE RAIN GUTTERS. BUT IS THERE A WAY THAT BIG IS ALSO JUST BY LOOKING AT THE PICTURE THAT WAS BEEN ONE OF MY MAIN CONCERNS IS THE WAY THE FREEZER SITS. IT SITS ALMOST LIKE FOUR FEET OVER THE ROOF OF THE OTHER OF THE APARTMENT. SO OF COURSE ALL THE WATER IS GOING TO COMPLETELY GO RIGHT INTO THOSE APARTMENTS. OF
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COURSE, THAT WAS ONE OF THE CONCERNS. WE GOT THE RAIN GUTTERS. BUT HOW CAN WE THROUGH PERMITS DEPARTMENT. RIGHT. WE'RE GOING TO DO THE GUTTERS. BUT HOW DO WE FOLLOW UP WITH THEM GUTTERS BEING THERE AND THERE NOT BEING AN ISSUE HERE IN THE NEAR FUTURE FOR THOSE APARTMENTS TO GET ALL THAT RAIN, OR IT'S WHAT ARE WE LOOKING AT HERE, 20FT. IS THAT WHAT IT'S THE CANOPY SIZE OR OR HERE IT IS. OH IT DOESN'T HAVE THE THE THE WIDTH, MR. GUERRA. US TEN FEET, TEN FEET WIDE BY TEN FEET. SO IT'S I MEAN, THERE'S NOT MUCH YOU CAN LOOK AT DURING THE FINAL INSPECTION TO MAKE SURE THE GUTTERS ARE INSTALLED AND POINTING TOWARDS THE BUILDING AND NOT TOWARDS THE NEIGHBORS. OKAY. BUT THERE'S ALSO A MASONRY WALL THERE, I BELIEVE SO, YES, SIR. YEAH, WE CAN WE CAN KIND OF FORCE THEM OR TO, TO DO A DESIGN WHERE THE RAINWATER STAYS ON THEIR PROPERTY AND NOT THE NEIGHBORS. OKAY. THAT'S ONE OF THE MAJOR CONCERNS. JUST BECAUSE THIS PROPERTY SITS TALLER THAN THE ACTUAL APARTMENTS IN THE BACK.SO AND THIS IS A PROPERTY THAT USED TO HAVE A 20 FOOT SETBACK AND WE'VE ALREADY GIVEN THEM TEN FEET. SO JUST A LITTLE HISTORY. THEY'VE ALREADY GOTTEN AN ADDITIONAL TEN FEET. AND NOW WE'RE TRYING TO GO PROPERTY. TRYING TO GO. YEAH. THANK YOU MR. JAIME. ARE THERE ANY MORE PUBLIC COMMENTS? ANY QUESTIONS FROM THE BOARD, SIR. SO REAL QUICK THE GUTTERS WOULD BE POINTING TOWARDS THE BUILDING SO THE WATER WOULD DISCHARGE, I'M ASSUMING, YOU KNOW, TOWARDS THE BUILDING OR TO THE SIDE, BUT NOT TO THE BACK. THAT'S OKAY. OKAY. MR. IS ON THE ON THE LAYOUT THAT I SEE HERE WITH THE WHEN THE LAYOUT OF THE FLOOR PLAN, IT SHOWS 21FT IS THAT WE'RE JUST THEY'RE MARKING THE WIDTH OF THE BUILDING OF THAT ONE UNIT. OR IS THAT THE THE WIDTH OF THE ROOF COVERING. NO, THAT'S THE INTERIOR OF THE BUILDING OKAY. SO THEY'RE JUST MARKING THE WHAT THE BUILDING WIDTH IS. YEAH. BECAUSE IT SHOWS THAT IF IT'S TEN FEET BY TEN FEET IT WON'T COVER THE FREEZER. BUT I MEAN THE THE RENDERING IS FOR A TEN BY TEN, TEN BY TEN. AND THE FREEZER IS EIGHT FEET SO WIDE. SO IT WILL COVER IT. OKAY. SO IT'S A TEN BY TEN AND NOT A 21 BY TEN. RIGHT. THANK YOU, MR. RYAN. ARE THERE ANY MORE COMMENTS FROM THE PUBLIC? QUESTIONS. QUESTIONS FROM THE BOARD. IF NOT, I'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT SECTION ON THIS ITEM AND I'LL ASK THE BOARD FOR A MOTION. I'D LIKE TO MOTION TO APPROVE WITH CONDITIONS. OKAY. TO BE ABLE TO GET THE PERMIT APPROVAL FROM THE PLANNING DEPARTMENT AND TO OVERSEE THE USUAL. SO BASICALLY ALL THE CORRECT APPROVAL FROM THE CONSTRUCTION, GET APPROVAL FROM THE DEPARTMENT, FIRE DEPARTMENT TO MAKE SURE THAT IT'S EVERYTHING'S FIRE RATED, EVERYTHING'S METAL, AND THAT THE CORRECT THAT THE THE WATER, THE WATER GUTTERS, THE RAIN GUTTERS ARE POINTING INTO THE PROPERTY, NOT THE NEIGHBOR'S PROPERTY. SO I HAVE A MOTION FOR APPROVAL FROM MR. RUIZ, CONDITIONED UPON GETTING PERMITS FROM THE BUILDING DEPARTMENT, FROM THE FIRE DEPARTMENT, AND THAT THE SLOPE OF THE ROOF SHEDS THE WATER INTO ITS OWN PROPERTY AND NOT TO THE ADJACENT PROPERTY.
SECOND, I HAVE A SECOND FOR MR. GONZALEZ. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT. RIGHT HAND. ALL THOSE OPPOSED? SAME SIGN. MOTION PASSES. MOVING ON TO ITEM SEVEN. B VARIANCE REQUEST BY OSCAR GERARDO BONITA FOR A VARIANCE TO THE CITY OF EDINBURGH UNIFIED DEVELOPMENT
[B. Variance request by Oscar Gerardo Boeta for a variance to the City of Edinburg Unified]
CODE TO ALLOW THE ENCROACHMENT OF A PERGOLA OVER THE REAR SETBACK AND EAST SIDE SETBACK BEING LOT 54 LOS LAGOS. PHASE FOUR SUBDIVISION LOCATED AT 3314 PRESTWICK STREET. GOOD AFTERNOON AND PLANNING AND ZONING. THE PROPERTY IS LOCATED 220FT TO THE WEST FROM THE INTERSECTION OF MONTEITH STREET AND PRESTWICK STREET. CURRENT ZONING IS RESIDENTIAL DISTRICT ADJACENT ZONING IS RESIDENTIAL PRIMARY DISTRICT TO THE NORTH, EAST AND WEST, AND RESIDENTIAL MULTIFAMILY DISTRICT TO THE SOUTH ALONG CANTON ROAD. THE PROPERTY IS PART OF LOS LAGOS.PHASE FOUR RECORDED ON SEPTEMBER 6TH, 2005. ON OCTOBER 4TH, 2025, THE CODE ENFORCEMENT DEPARTMENT CONDUCTED A FIELD INSPECTION AT THE SUBJECT PROPERTY TO VERIFY COMPLIANCE
[00:15:03]
WITH APPLICABLE BUILDING PERMIT REQUIREMENTS FOR ONGOING CONSTRUCTION. DURING THE INSPECTION, THE PROPERTY OWNER WAS NOTIFIED THAT NO VALID PERMIT HAD BEEN ISSUED. THE APPLICANT SUBMITTED A BUILDING PERMIT APPLICATION ON OCTOBER 6TH, 2025. DURING STAFF REVIEW, IT WAS DETERMINED THAT THE PROPOSED PORCH ENCROACHED INTO THE REQUIRED 22 FOOT REAR YARD SETBACK AND THE SIX FOOT EAST SIDE YARD SETBACK. STOP MAIL A NOTICE OF VARIANCE REQUEST TO THE 233 PROPERTY OWNERS ON NOVEMBER 7TH, 2025, AND RECEIVED NO COMMENTS IN FAVOR OR AGAINST THIS REQUEST. THE APPLICANT IS PROPOSING A 12 BY 25 FOOT PERGOLA ATTACHED TO THE REAR OF THE HOUSE. THE PROPOSED STRUCTURE ENCROACHES THREE FEET 11IN INTO THE REQUIRED 22 FOOT REAR YARD SETBACK AND ENCROACHED SEVEN INCH INTO THE REQUIRED SIX FOOT, SIX FOOT SIDE YARD SETBACK. THERE IS A 15 FOOT UTILITY EASEMENT ALONG THE REAR PROPERTY LINE AND FIVE FOOT EASEMENT ALONG THE EAST SIDE PROPERTY LINE. HOWEVER, THE PROPOSED STRUCTURE DOES NOT ENCROACH INTO EITHER OF THESE EASEMENTS. STAFF RECOMMENDS APPROVAL OF THE VARIANCE REQUEST. IF APPROVED, THE APPLICANT WILL ALSO NEED TO COMPLY WITH ALL OTHER REQUIREMENTS DURING THE PERMITTING PROCESS. THANK YOU ANNA. I'LL NOW OPEN THIS ITEM FOR PUBLIC COMMENTS. IS THE APPLICANT HERE TO SPEAK ON BEHALF OF THE ITEM? WOULD YOU CAN YOU PLEASE APPROACH THE STADIUM, THE PODIUM SIR, AND PLEASE STATE YOUR NAME FOR THE RECORD, MY NAME IS OSCAR. I DON'T HAVE ANY COMMENTS IN CASE YOU HAVE ANY QUESTIONS. OKAY.THANK YOU SIR. MR. BOYD, I'M SEEING THE ON YOUR FOUNDATION. IT'S FLUSH WITH THE WITH THE HOME. FIVE FOOT FIVE INCHES IS WHAT'S SHOWING. IS IT SHOWING IT BECAUSE OF THE FASCIA OR THE SOFFIT OVERHANGING INTO THE INTO THE SIDE SETBACK? IT'S A FIVE FOOT FIVE INCHES ON THE, ON THE SIDE BECAUSE THE EXISTING THE EXISTING FOUNDATION WAS ALREADY AT FIVE FIVE. OKAY. SO THE HOME ALREADY SITS AT FIVE AND A HALF, FIVE FIVE INCHES, CORRECT? OKAY.
BECAUSE I WAS NOTICING THAT THE THE CONCRETE OKAY. AND MISS, DO WE KNOW IF THERE WAS A VARIANCE THAT WAS REQUESTED FOR THAT FIVE FOOT? NO SIR. NO NO SIR. OKAY. SO NOT IN ALL THE RECORDS.
SO IT JUST SITS AT FIVE AND FIVE INCHES THROUGHOUT. OKAY. SO THAT WOULDN'T BE CHANGING.
THANK YOU. MR. THANK YOU. OH, ONE MORE QUESTION. DO WE HAVE AN HOA IN THIS NEIGHBORHOOD? WHERE IS THERE WHERE WAS AN HOA? BUT I DON'T KNOW WHAT HAPPENED. I, I HAVEN'T BEEN ABLE TO PAY THE, THE THE MONTHLY PAYMENT BECAUSE SINCE LAST YEAR THEY THEY HAVEN'T BEEN ABLE TO I DON'T KNOW WHAT HAPPENED. THEY, THEY STARTED NOT CLEANING THE, THE POOL. AND SO I DON'T KNOW WHAT HAPPENED THERE. I TRIED TO GET A PERMIT BUT THEY DIDN'T ANSWER. AND THEY SAID THAT THEY WERE CHANGING THE HOA. OKAY. THANK YOU. MR. OKAY. THANK YOU SIR. I SEE STAFF IS RECOMMENDING APPROVAL. CAN CAN YOU CAN STAFF ELABORATE WHAT THE REASON FOR. I KNOW THAT THE SIDE ENCROACHMENT IS SEVEN INCHES. YES SIR. IN OUR RECORDS WE HAVE FOUR VARIANCES FOR THE SAME SUBDIVISION, THOUGH TWO OF THOSE VARIANCES WERE FOR THE ENCROACHMENT, NOT THE THE REDUCTION OF THE REAR SETBACK TO TEN. AND THOSE VARIANCES WERE APPROVED. AND THE SETBACK CURRENTLY IS ON. THESE ARE SIX FEET. CORRECT. OKAY. ON THE SIDE IT'S SIX FEET. AND AND ON THE BACK IS 22. THEY ARE ENCROACHING ONLY THREE FEET. AND SO TYPICALLY WHEN WE SEE THIS WE ASK THE SAME QUESTIONS. RIGHT. HAS THE HOA APPROVED OF IT. AND IS THERE ANY UTILITIES RUNNING THROUGH THE THE THE ENCROACHING AREA. DO WE KNOW IF I KNOW? MR. GUAITA, I KNOW YOU JUST MENTIONED THAT YOU HAVEN'T BEEN ABLE TO CONTACT YOUR HOA OR HAVEN'T HEARD FROM THEM.
THAT'S CORRECT. IS THERE A POSSIBILITY THAT YOU CAN REACH OUT TO THEM AND ASK THEM FOR FOR THEIR APPROVAL TO ALLOW YOU TO TO DO THIS, TO TO ENCROACH ON THE REAR SETBACK? I CAN TRY AGAIN. I MEAN, LIKE I SAID, I HAVEN'T BEEN ABLE EVEN TO PAY THE THE MONTHLY PAYMENT. SO BECAUSE THEY ARE CHANGING THE HOA. SO I DON'T KNOW, TO PAY RIGHT NOW. RIGHT. SINCE LAST YEAR. OKAY. ARE YOU THE ORIGINAL HOMEOWNER? NO, I BOUGHT THE HOUSE. I DON'T KNOW, MAYBE THREE YEARS AGO. THREE YEARS AGO. AND WHEN YOU BOUGHT THE HOME, WERE YOU PAYING HOA?
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YES. OKAY. LIKE I SAID, THE LAST YEAR, THEY THEY THEY THEY SENT A NOTICE THAT THEY WERE CHANGING THE HOA. AND I HAVEN'T RECEIVED ANY OTHER LETTER THAT THEY ALREADY CHOSE ANOTHER ONE.OKAY. THE OTHER QUESTION IS DO WE KNOW IF THERE'S ANY UTILITIES THAT ARE IN THIS AREA, THIS EASEMENT? I KNOW IT'S ONLY THE ENCROACHMENTS, ONLY THREE FEET, 11IN. AND USUALLY UTILITIES ARE FURTHER IN THE REAR. BUT THAT'S ONE OF THE OTHER THINGS THAT WE CHECKED TO MAKE SURE THAT THERE ARE NO CONFLICT WITH ANY UTILITIES THAT ARE. NO, IT'S NOT MORE CONFLICT BECAUSE IN A SUBDIVISION RECORD, THE PLUG IS ONLY SHOWING THE 15FT UTILITIES ON THE REAR. BUT THE PERGOLA IS NOT ENCROACHING. NOT EVEN THE OVERHANG IS ENCROACHING ON THE INTO THAT EASEMENT. SO THEN THE SUBDIVISION EASEMENT UTILITY EASEMENT IS 15. AND THEN THE SETBACK, THE REAR SETBACKS 20 2222 OKAY. YEAH. SO THERE'S AN ADDITIONAL TEN FEET THERE ACTUALLY. SO SEVEN FEET WE HAVE HERE THE SITE PLAN AND AND THERE WE'RE WILL BE LIKE 18 18FT. SO THERE IS MANY IN THE IN THE 15FT UTILITY. AND STAFF IS RECOMMENDING THAT TO APPROVE IT. WE'VE ALREADY GONE OVER THE ATTACHMENT TO THE HOUSE. THERE'S NO ISSUES WITH THAT. NO SIR. I MEAN, DOES IT NOT REPRESENT HAZARD FOR THE OWNER? IT'S ONLY ENCROACHING THE THREE FEET INTO THE REAR SETBACK? NO, THE UTILITY EASEMENT. AND I MADE SOME RESEARCH ON THE AREA WITH THE AERIAL OPTION IN THE GOOGLE EARTH. AND I CAN SEE SOME OTHER HOUSES ARE ALSO ENCROACHING. ACCESSORY STRUCTURES ARE ENCROACHING INTO INTO THE REAR SETBACK. SO BUT THESE HOUSES WERE CONSTRUCTED IN BACK IN 2005 AND 2006. SO YEAH, THEY'RE RECOMMENDED FOR APPROVAL IS JUST BECAUSE LIKE IT'S NOT ENCROACHING INTO ANY UTILITIES. AND IT WOULD BE APPROVAL FOR THE PERGOLA AND NOT NECESSARILY I SEE A PIPE OR A PVC, MEANING THAT IS THERE GOING TO BE A BATHROOM THERE. MR. OR SOMETHING. WELL, WE BOUGHT THE HOUSE. THERE WAS A LIKE A LITTLE FUNCTION AND I FOR WATER. OH OKAY. THAT WORKS. I JUST WANT TO MAKE SURE THAT WE'RE APPROVING ONE VARIANCE. OKAY. THANK YOU SIR. THANK YOU, MISS KENDALL. ARE THERE ANY MORE COMMENTS FROM THE PUBLIC? QUESTIONS FROM THE BOARD? IF NOT, I'LL GO AHEAD AND CLOSE THE PUBLIC COMMENT SECTION ON THIS ITEM AND I'LL ASK THE BOARD FOR A MOTION I MOTION TO APPROVE. AND PENDING THE HOA, IF THERE IS AN HOA FOR IT TO BE CLEARED. BUT I MOTION TO APPROVE THE THE VARIANCE. I HAVE A MOTION FOR APPROVAL SUBJECT TO THE HOA. DOCUMENTING THEIR APPROVAL OF THE OF THE ENCROACHMENT. SO, MR. CHAIRMAN, IF I MAY, THERE ARE SEPARATE CONSIDERATIONS THAT ARE TAKEN BY THIS BOARD AND HOA COVENANTS OR COVENANTS THAT THE HOA MAY CONSIDER. THE BOARD WOULD ONLY BE CONSIDERING RIGHT NOW A CHANGE IN THE REGULATIONS TO THE UDC OF EDINBURGH. SO IT WOULDN'T, IN MY OPINION, TO THE BOARD, IT WOULDN'T BE CONTINGENT ON HOA. THERE ARE SEPARATE CONSIDERATIONS THAT ARE TAKEN. OKAY. DO YOU WANT TO DO YOU WANT TO AMEND YOUR MOTION TO REMOVE THAT. YEAH, I'LL GO AHEAD AND REMOVE THAT AND JUST APPROVE THE VARIANCE. OKAY. A SECOND FROM MR. GONZALEZ. ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED. SAME SIGN. MOTION PASSES. THANK YOU.
MOVING ON TO. ITEM EIGHT. AN INFORMATION ONLY ATTENDANCE ROSTER, MR. AZEVEDO. ON THE
[8. INFORMATION ONLY]
[A. Attendance Roster]
ATTENDANCE ROSTER, I DON'T THINK WE HAD. I THINK WE HAD ONE ABSENCE LAST MONTH, BUT IT WAS AN ALTERNATE MEMBER, SO. SO WE'RE WE'RE GOOD. OKAY. I JUST WANTED TO TAKE THIS OPPORTUNITY TO REMIND YOU THAT TOMORROW WE'RE HAVING THAT LUNCH AND LEARN IT'S GOING TO BE IN THE COUNCIL CHAMBERS AT NOON. AND SOME OF THE THINGS THAT WE'RE GOING TO BE TALKING ABOUT TOMORROW WITH THE PNC BOARD AS WELL, IS SOME OF THE UPCOMING CHANGES THAT WE'RE LOOKING AT FOR THE UDC. WE'RE ALSO GOING TO BE DOING A FOLLOW UP DISCUSSION ON THE CARPORTS. WE HAD A MEETING A COUPLE OF WEEKS AGO. NOW WE'RE GOING TO DO LIKE A FOLLOW UP ON SOME OF THE CHANGES THAT WE'RE GOING TO BE PROPOSING FOR YOUR CONSIDERATION, AND THEN OUR LEGAL DEPARTMENT IS GOING TO BE HERE JUST TO ANSWER ANY QUESTIONS ON POLICIES AND PROCEDURES FOR THESE PUBLIC MEETINGS. AND I ALSO WANT TO TAKE THIS OPPORTUNITY TO THANK ALEX GONZALEZ. SHE'S OUR SENIOR PLANNER PLANNER. TWO ALEX IS MOVING ON UP. SHE SHE WAS[00:25:06]
PROMOTED TO ANOTHER CITY AS A PLANNING DIRECTOR FOR THE CITY OF LA FERIA. WELL, CONGRATULATIONS, ALEX. SO THAT'S ALL YOU GOT? EXCELLENT. THANK YOU. ITEM NINE.ADJOURNMENT. CAN I HAVE A MOTION TO ADJOURN THE MEETING? MOTION FOR APPROVAL. IS THERE A SECOND? SECOND FOR MR. GARZA. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. ALL THOSE OPPOSED?
[9. ADJOURNMENT]
SAME SIGN. MOTION PASSES. MEETING ADJOURNED.* This transcript was compiled from uncorrected Closed Captioning.