[Zoning Board of Adjustment on August 21, 2023.] [00:00:06] THIS IS THE WHILE HE'S OWNING. BOARD OF ADJUSTMENTS. REGULAR MEETING AUGUST 21ST 2023. ON COUNTRY CLUB ROAD AND WYLIE, TEXAS. CALLING THE MEETING TO ORDER IS THERE ANY MEMBER OF THE PUBLIC? WHO WANTS TO ADDRESS THE BORDER REGARDING AN ITEM. THAT IS NOT LISTED ON THE AGENDA. THERE IS NONE. THE FIRST ORDER OF BUSINESS WILL BE ELECTION OF THE CHAIR AND VICE CHAIR. FLOOR IS OPEN FOR NOMINATIONS. SO NOMINATED JENNIFER GREISER CHAIR. I'LL SECOND THAT. I NOMINATE HAROLD FOR VICE. ALL THOSE IN FAVOR. CONGRATULATIONS JENNIFER CHAIR FORWARD TO ZERO. BUT NOW ACCEPT NOMINATIONS FOR VICE CHAIR. I'LL NOMINATE HAROLD SMITH FOR VICE CHAIR. SECOND. WHEN IT BECOMES AVAILABLE, WE WILL VOTE. ALRIGHT WE HAVE COMPLETED THAT PAST 40 AS WELL. WE ARE NOW GOING TO HEAD INTO OUR WORK SESSION. THERE WE GO. OKAY THANK YOU. NEW CHAIRPERSON AND VICE CHAIR REAL QUICK BECAUSE NORMALLY WE HAVE SOME NEW MEMBERS. BUT THE FOUR LETTER SITTING HERE THIS EVENING HAVE SEEN THIS PRESENTATION BEFORE. BUT IT IS A QUICK REFRESHER. UM YOU KNOW, EVERY TIME THE BOARD TURNS OVER, WHICH IS IN JULY, 1ST, UM WE LIKE TO HAVE A QUICK PRESENTATION JUST TO KIND OF DESCRIBE INTO EVERYBODY OR REFRESH WHAT THE DUTIES ARE FOR THE ZONING BOARD OF ADJUSTMENTS. UM, BEING THAT WE HAVE, LIKE I SAID, UM ALL MEMBERS WHO ARE LITTLE BIT OF EXPERIENCE, THEN I'M GOING TO MAKE THIS A LITTLE BIT QUICKER THAN NORMAL. UM ALRIGHT, SO OVERALL AUTHORITY FOR THE ZONING BOARD ADJUSTMENTS COMES FROM THE , UH, STATE, GIVING THE CITY OF WILEY POLICE POWERS, WHICH IS TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF WILEY. IT WAS ONLY BOARD OF ADJUSTMENT IS ALLOWED BY SPECIFIC STATE LEGISLATURE. UH, LOCAL GOVERNMENT CODE SECTION 2 11. AND THAT SPELLS OUT EXACTLY HOW THE ZONING BOARD OF ADJUSTMENTS WORKS. UM THERE HAS TO BE FIVE SITTING MEMBERS. TWO ALTERNATES. UM THERE ARE WHEN THE BOARD VOTES IT'S A HAS TO BE AT LEAST FOUR BOARD MEMBERS. SO THERE HAS TO BE A SUPERMAJORITY. IT'S NOT JUST A SUPER MAJORITY OF THOSE PRESENT. IT'S A SUPER MAJORITY OF THE TOTAL BOARD MEMBERS. SO IN CASE LIKE THIS EVENING WHERE WE HAVE ONE BOARD MEMBER MISSING, UM AND FOR ANYTHING TO BE APPROVED THIS EVENING, IT WOULD HAVE TO BE A FOUR VOTE. UM THE GENERAL DECISION. RESPONSIBILITIES FOR ZEBO IS APPEALS TO ADMINISTRATIVE DECISIONS. UM THAT'S ANYTHING THAT IS. MIGHT BE A LITTLE BIT IN THE GRAY AREA. THAT'S WHEN A STAFF MEMBER SAYS TO, UH, IS IT'S MORE ABOUT AN INTERPRETATION OF THE ZONING ORDINANCE. NOT EXACTLY WHAT IT SAYS VERBATIM. UM SOMETIMES WE DO HAVE LIKE THIS. YOU KNOW, YOU'VE HEARD THE LETTER OF THE LAW VERSUS THE SPIRIT OF THE LAW . THERE ARE SOME THINGS IN THE ZONING ORDINANCE THAT DO ALLOW FOR A BIT OF INTERPRETATION. IF A APPLICANT DOESN'T AGREE WITH STAFFS INTERPRETATION, THEY CAN APPEAL ADMINISTRATIVE DECISION. THEY CAN ALSO APPEAL VARIANCE REQUEST FROM THE ZONING ORDINANCE. THIS IS THE LETTER OF THE LAW IF YOU HAVE, UH, IN THE ZONING ORDINANCE, IT SAYS, YOU HAVE TO HAVE A 5 FT. SETBACK AND YOU WANT A 1 FT SETBACK. WE AS STAFF HAVE TO SAY NO, THAT'S WHAT THE LAW SAYS. UM UH, THAT WAY AND BUT IF SOMEBODY YOU KNOW HAS A UNIQUE CIRCUMSTANCE ON THEIR PROPERTY AND IS ASKING FOR THAT, THEN THEY BRING IT TO YOU. SPECIAL EXCEPTIONS TO THE ZONING ORGANS. UM I'M GONNA SKIP THIS BECAUSE WILEY DOESN'T DO THIS AT ALL. BUT THERE ARE PLACES WHERE A THERE WILL BE A TIME IT SAYS IN THE ZONING ORANGE, IT WILL SAY WITH CBO APPROVAL, YOU CAN DO THIS. WE DON'T HAVE ANY OF THOSE IN WYLIE AND THEN MAKE RECOMMENDATIONS TO THE ZONING [00:05:02] ORDINANCE BASED ON VARIANCES. UM SOME OF YOU HAVE BEEN AROUND LONG ENOUGH. YOU KNOW THAT, LIKE, FOR EXAMPLE, SHEDS FOR THE LONGEST TIME THEY WERE 5 FT. AND THEN WE GOT A TON OF THEM WHERE PEOPLE WANTED TO GO TO 3 FT. AND WE GOT SO MANY OF THEM APPROVED AND ALL THE NEIGHBORS WERE OKAY WITH IT. SO THEN WE JUST CHANGE THE ZONING ORDINANCE. 2 3 FT, SO PEOPLE DIDN'T HAVE TO COME AND ASK. Y'ALL FOR APPROVAL ON ALL OF THOSE EVERY TIME. UM THE APPEALS TO ADMINISTRATIVE DECISIONS. I'VE PRETTY MUCH ALREADY COVERED THAT SO WE'RE GONNA MOVE RIGHT ALONG. ESPECIALLY EXEMPTIONS. WE DON'T DO THOSE ORDINANCE AMENDMENTS JUST TALKED ABOUT THAT WITH THE SHEDS AS AN EXAMPLE. UM, BY THE WAY, THE ORDINANCE AMENDMENTS ONCE ZB AWAY ONE THING THAT'S IMPORTANT TO CONSIDER Z B O A WELL. BASICALLY IF STAFF SEES THAT THE BOARD IS CONTINUAL TO APPROVE THE SAME KIND OF ORDINANCE OVER AND OVER AGAIN WILL COME TO YOU ALL AND SAY, WOULD YOU RECOMMEND THAT STAFF GO AHEAD AND GET WITH P AND Z AND COUNSEL TO PROPOSE THIS ORDINANCE CHANGE IF WE GET YOU KNOW, UM THE YES ANSWERS TO THAT. THEN WE HOLD A WORK SESSION WITH P AND Z IN ORDER TO ACTUALLY MAKE THAT ORDINANCE. ONCE THE BOARD A DIRECT STAFF TO, UM, MAKE THE ORDINANCE THAT'S PRETTY MUCH THE END OF THE BOARD'S, UM, INVOLVEMENT IN THAT JUST SAY YES. GO AHEAD AND BASED ON OUR PRIOR APPROVALS, GO AHEAD AND PROPOSED CHANGES TO THE ORDINANCE, BUT P AND Z THEN MAKES A RECOMMENDATION AND COUNCIL HAS FINAL APPROVAL OF THOSE UM, ZB WAY DOES OPERATE BY THE RULES AND PROCEDURES. UM THEY'RE WRITTEN BY THE BOARD MEMBERS APPROVED BY CITY COUNCIL AND THEY WERE LAST UPDATED IN MARCH, 2020. GENERAL MEETING FORMAT. EVERYBODY'S PRETTY FAMILIAR WITH THAT IN THIS PARTICULAR CASE, JUST AS A REMINDER EVERYTHING HERE IS A PUBLIC HEARING. UM EVERYBODY HAS THE RIGHT TO BE HEARD THEY WILL DO. UM I'LL TALK ABOUT THAT HERE IN A SECOND, BECAUSE YEAH ITEM FORMAT, SO THE CHAIRPERSON WILL INTRODUCTION INTRODUCE IT. UM STAFF WILL GIVE THEIR REPORT THE APPLICANT CAN REMAKE ANY REMARKS THAT THEY WOULD LIKE AFTER THE STAFF REPORT. UM IN BETWEEN. THAT SHOULD BE BORED DISCUSSION IF THEY'RE YOU KNOW AN INITIAL DISCUSSION THAN APPLICANT REMARKS, PUBLIC HEARINGS, CITIZEN COMMENTS AND APPLICANT REBUTTAL. UM CITIZENS HAVE THREE MINUTES, SIX MINUTES IF THEY'RE REPRESENTING AN ENTIRE GROUP, LEGITIMATELY, UM AND THEN THE APPLICANT COME UP AND SAY WHAT THEY NEED TO SAY ON THOSE COMMENTS, THEN THAT IS COMMENTS ARE DONE AT THAT POINT, THEN THE BOARD CAN HAVE A DISCUSSION AND THEN THERE IS A MOTION. WITH A VOTE AGAIN. I WILL SAY THAT IT HAS TO BE A IT HAS TO BE A FOUR OUT OF FIVE. AND SINCE THERE'S ONLY FOUR OF YOU HERE THIS EVENING. UM WE WILL. IT WILL BE A 40 DECISION. IN ORDER TO APPROVE. UM PACKAGE DELIVERY IS BY EMAIL ATTENDANCE. IT'S VERY HUGE, AND YOU KNOW THIS BECAUSE YOU'VE BEEN HERE BUT ATTENDANCE IS HUGELY IMPORTANT BECAUSE THERE ARE TIMES YOU KNOW, AS YOU ALL KNOW, WE HAVE HAD WHERE WE DON'T HAVE A QUORUM. AND THEN YOU'VE GOT CITIZENS WHO ARE WAITING TO HAVE SOMETHING CONSTRUCTED, OR AT LEAST HAVE AN ANSWER ON SOMETHING AND THEY DON'T GET IT THAT MONTH. UM, AND IT'S VERY DISAPPOINTING TO THEM WHEN THAT HAPPENS. UM THIS IS A OPEN MEETING. UM ONE THING THAT OUR CITY SECRETARY ASKED US TO REINFORCE THIS YEAR. THE WAY THE NEW CAMERAS ARE SET UP. BEFORE YOU KNOW, YOU CAN KIND OF SEE SOMEBODY LOOKING DOWN NOW YOU CAN ACTUALLY SEE WHEN PEOPLE ARE TEXTING. OKAY WITH THIS BOARD AND THE AND THE SHORTNESS AND THE INTERACTION THAT WE HAVE. IT'S NOT USUALLY AN ISSUE. BUT WHEN YOU HAVE LONG PNC MEETINGS ARE LONG COUNCIL MEETINGS. SOMETIMES YOU KNOW, THERE'S MORE OF THAT SORT OF STUFF. DON'T TEXT OR OTHER THINGS CAN BE OPEN RECORDS. SO PLEASE BE VERY CAREFUL ABOUT THAT. JUST LEAVE YOUR PHONE DOWN WHILE YOU'RE IN HERE. UM PRE MEETING QUESTIONS. UM ALWAYS ASK. IT'S A LOT EASIER FOR STAFF TO GIVE THE BOARD MEMBERS, UM SOLID AND CORRECT 100% CORRECT ANSWERS. IF WE HAVE THOSE QUESTIONS AHEAD OF TIME. PLEASE DON'T WAIT UNTIL TWO MINUTES BEFORE THE MEETING NOW, OBVIOUSLY, IF YOU THINK OF IT DURING THE MEETING THE APPLICANT COMES UP OR A CITIZEN COMES UP AND THEY SAY SOMETHING THAT WE DIDN'T LOOK AT IN. THE REPORTER DIDN'T REPORT ON THAT, BY ALL MEANS, BUT AS YOU REVIEW THEM, YOU KNOW, WE SEND THEM OUT ON FRIDAYS, HOPING THAT SOMETIME DURING THE WEEKEND AND TAKE A GOOD LOOK AT IT. IF YOU HAVE ANY QUESTIONS, PLEASE EMAIL US BECAUSE WE CAN GIVE YOU THE BEST ANSWERS TO MAKE THE BEST POSSIBLE DECISION. UM I KIND OF TALKED ABOUT OPEN RECORDS. THIS WHOLE MEETING IS AN OPEN RECORD CONFLICT OF INTEREST IF YOU FEEL THAT THERE IS A CONFLICT OF INTEREST YOU HAVE TO DECIDE THAT ON YOUR OWN, UM THE CITY SECRETARY HAS GIVEN US AND THE CITY ATTORNEY HAS GIVEN STAFF GUIDANCE THAT WE ARE NOT STAFF IS NOT TO TELL. BOARD MEMBERS. OR EVEN GUIDE THEM ON WHETHER THEY HAVE A CONFLICT OF INTEREST ENOUGH. IT IS UP TO YOU TO DECIDE WHETHER YOU HAVE A CONFLICT OF INTEREST OR NOT, UM, LIVING IN THE NEIGHBORHOOD IS NOT A CONFLICT OF INTEREST, THOUGH I WILL SAY THAT UM, YOU KNOW THAT SORT OF THING. IT'S IF, FOR EXAMPLE, IF YOU OWN OR OUR SHARE OF, SAY THE CONSTRUCTION COMPANY YOU KNOW, [00:10:03] HYPOTHETICALLY, THAT MAY BE DOING THE WORK FOR A CITIZEN IF THEY GET THEIR VARIANTS APPROVED OR SOMETHING LIKE THINK ABOUT THOSE THOSE KIND OF LINES, BUT BEING NEAR THE APPLICANT IS NOT NECESSARILY YOU KNOW IT COULD THERE STILL BE, BUT IT'S NOT NECESSARILY AUTOMATICALLY A CONFLICT OF INTEREST. AND AS YOU KNOW, THOSE ARE, UM OUR CONTACT INFORMATION. ANYBODY HAVE ANY QUESTIONS? AND I TRIED TO GO THROUGH THAT QUICK, BUT Y'ALL ARE RELATIVELY EXPERIENCED SO OKAY. THANK YOU. THANK YOU, JASON. OF FIRST. ITEM IS TO CONSIDER AND ACT UPON THE MINUTES FROM THE JUNE 12TH 2023 REGULAR MEETING. IS THERE ANY ITEMS THAT WE WISH TO REMOVE FROM THAT MEETING OR ADD, OR ANY CONFLICTS THERE OF. I WILL TAKE A MOTION. I'LL MAKE A MOTION TO ACCEPT THE MINUTES. SECOND KAY, PLEASE VOTE. OKAY ITEM NUMBER ONE HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY JEFFREY WALSH. SORRY, BASH. DASH. UH FOR A VARIANCE TO SECTION 2.5 POINT C OF THE ZONING ORDINANCE TO ALLOW FOR 1 FT SIDE SETBACK IN LIEU OF THE REQUIRED SET SIDE SETBACK OF 20 FT. AND 1 FT. RESIDENTIAL PROXIMATELY REQUIREMENT IN LIEU OF THE 5 FT , PROPERLY LOCATED AT 100, NORTHWEST GATE WAY, ZB A 23. I'M SORRY. ZB 8 2023-04. YES OUR FIRST ITEM ON THE REGULAR AGENDA IS A REQUEST FOR A VARIANCE TO ALLOW FOR A PATIO COVER THAT HAS ALREADY STARTED CONSTRUCTION. THIS PATIO COVER MEASURES 352 SQUARE FEET. AND THE VARIANCE IS REQUIRED TO ALL THAT FOR 1, FT SIDE SETBACKS AND 1 FT PROXIMITY SETBACKS. OUR SHOW THE ELEVATION THAT THEY PROVIDED. SO THE BUILDING MEASURES 22 BY 16. AND IT'S 12 FT IN HEIGHT. AND I CAN ACTUALLY ALSO PROVIDE AN AERIAL IMAGE SINCE IT'S ALREADY COMMENCED. AND SO IT'S GOING TO BE AT 100. SO. THAT'S WHY THE VARIANCE REQUEST IS BEING MADE. WE DID MAIL OUT COMMON FORMS TO 27 PROPERTY OWNERS. WE DID RECEIVE THREE IN FAVOR OF THE REQUEST. UM TWO OF THEM ARE THERE ARE ADJACENT TO THE CIDER REALLY CLOSE TO THE SITE AT 104, NORTHWEST GIT. 105 PULLMAN AND 6 15 WEST OAK. THAT WILL BE HAPPY TO ANSWER ANY QUESTIONS AND THE APPLICANT IS ALSO HERE. YEAH, BECAUSE I DON'T LIKE TO COME UP AND SPEAK. YOU DID. WALK AROUND AND VISIT WITH SOME OF MY NEED YOUR WAIT, WAIT, WAIT. WE HAVE YOUR NAME AND YOUR FULL ADDRESS. PLACE CASH. 100 NORTHWEST. GATEWAY. WYLIE TEXAS 75098. THANK YOU, SIR. WE WALKED AROUND. I JUST PASSED THIS AROUND YOU GUYS. THE PEOPLE THAT I GOT AN OK FROM OR IN CIRCLED IN GREEN. THERE'S ALSO A PICTURE OF THE PARTIAL CONSTRUCTION. SO QUESTION FOR THE APPLICANT. UM, WHY WAS THIS CONSTRUCTED? WITHOUT ZONING AHEAD OF SCHEDULE AHEAD OF IN THE IN THE FRONT END MISTAKES WERE MADE SOME OVERSIGHTS AND AFRAID. DO YOU HAVE ANYTHING ELSE YOU'D LIKE TO ADDRESS US WITH. OKAY? I [00:15:20] DON'T THINK SO MANY QUESTIONS IN A BESIDES THAT. ANY QUESTIONS FROM THE BOARD. THAT I'M GOING TO OPEN THE PUBLIC HEARING. ANYONE LIKE TO COME UP AND SPEAK. I DON'T KNOW WHERE I SHOULD ONCE. OKAY I'M GONNA CLOSE THE PUBLIC HEARING. BOARD ANY, UM, ANYTHING YOU'D LIKE TO DISCUSS OUT LOUD AND HE THOUGHTS CONCERNS QUESTIONS. ANYTHING FOR THE APPLICANT IS YOUR TIME. OKAY WITH THAT BEING OF NO RESPONSE. I'M GOING TO ASSUME THAT WE ARE READY TO MAKE A MOTION FOR APPROVAL OR DENIAL ON THIS LETTER. SORRY. DO I KNOW. OKAY? AND MOVED TO APPROVE THE VARIANCES REQUESTED. I WILL. SECOND OKAY. PLEASE VOTE. LOOKS LIKE WE PASSED UNANIMOUS PLAY WITH FOUR YOU'RE GOOD TO GO. PLEASE GET STUFF APPROVED. AHEAD OF TIME. OKAY ITEM NUMBER TWO ON THE AGENDA. PLEASE HOLD A PUBLIC HEARING TO CONSIDER AN ACT UPON A REQUEST BY SUSAN CRANFORD FOR THE VARIANTS OF SECTION 4.2 OF PLAN. DEVELOP IT 2005-24 TO ALLOW FOR 5 FT WERE SET BACK IN LIEU OF THE REQUIRED RARE SETBACK OF 18 FT. PROPERLY LOCATED AT 12 13 SHADOW HILLS DRIVE REFERENCING THE ZB A 2023-5. YES OUR SECOND ITEM ON THE AGENDA IS A REQUEST FOR A VARIANCE TO ALLOW FOR 5 FT REAR SETBACKS IN LIEU OF THE REQUIRED REAR SETBACK OF 18 FT. THE 18 FT SETBACK IS CALCULATED BY THE UM , THE DEPTH OF THE LOT BEING 10. SO THAT'S 180. 10% OF 180. WE HAVE RECEIVED SOME OTHER REQUESTS IN THE PAST FROM THIS PLAN DEVELOPMENT UM, ZONING ORDINANCE ALLOWS FOR FIVE OR 3 FT REAR SETBACK. SO THIS IS STILL TWO MORE THAN WHAT WE WOULD ALLOW BY, RIGHT? UM WE DID MAIL OUT 19 NOTIFICATIONS AND RECEIVED THREE IN FAVOR AND ONE AGAINST SOME OF THOSE ARE PEOPLE COPIES BECAUSE WE GOT THEM LATER ON AFTER THE PACKET WAS PUBLISHED. UM WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS, AND THE ADVOCATE IS ALSO HERE. KEVIN WAS THE 3 FT SETBACK OR THE 5 FT SETBACK YOU'RE JUST TALKING ABOUT IS THAT LOOKING AT THIS MAP IS THAT THE EAST SIDE. SO IT'S TOWARDS THE BACK. SO LET'S SEE. ACTUALLY, THAT'S PROBABLY THE BEST IMAGE. IT'S GONNA BE THIS. THIS IS THE 5 FT, LIKE WHERE THE HAND IS. OKAY. APPRECIATE IT. OKAY. ANY OTHER COMMENTS? FROM THE BOARD. REQUEST ONLY FOR THE READER, OR IS IT THE SITE AS WELL? IT'S ONLY THE REAR ONLY THE REAR SETBACK. WHAT'S RIGHT BEHIND IT. I CAN PULL IT UP ON AN AERIAL. BUT WE COULD SEE. HOLD ON. WE'RE GOING TO LOOK IT UP. [00:20:08] YEAH IT'S ANOTHER HOUSE BEHIND IT. AND SO. YOUR CURSOR. CAN YOU PUT YOUR CURSOR OVER THERE? THIS IS WHERE THE 5 FT SPACING. THAT'S JUST OKAY. OKAY FOR DO YOU HAVE ANY OTHER QUESTIONS? I WILL OPEN IT UP FOR THE APPLICANTS. ANYTHING ELSE, KEVIN? WHERE THE APPLICANT LIKE TO COME AND TALK. PLEASE STATE BOTH OF YOUR NAMES AND ADDRESS. I AM TODD CRANFORD, 12 13 SHADOW HILLS. DR WALLY, TEXAS, 75 098. I'M SUSAN CRANFORD, 12 13 CHATTEL HILLS. DR WILEY, TEXAS, 750. 93 MINUTES. UM YES, WE JUST WANT TO BUILD AN ACCESSORY BUILDING A GARAGE AND INSTEAD OF 18 FT, WHICH WOULD BRING IT FURTHER TOWARDS OUR HOUSE, AS WELL AS BASICALLY THE NEIGHBOR'S HOUSE. WE WANT IT SET BACK 5 FT . FROM THE FENCE ON EITHER SIDE SO THAT YOU KNOW THERE'S LOTS OF ROOM FOR ANY FIRE HAZARDS. IT'S NOT CLOSE TO ANY OTHER STRUCTURES. IF WE MOVE IT FORWARD, IT'S ACTUALLY GOING TO BE CLOSER. TWO STRUCTURES. UM, WE JUST WANT TO PUT AN ACCESSORY BUILDING. WE'VE SPOKEN TO THE NEIGHBOR BEHIND THERE. THEY'RE FINE WITH IT. WE'VE SPOKEN TO FIVE OTHER NEIGHBORS. NO PROBLEM . NO ONE HAS HAD AN ISSUE THAT WE SPOKE TO. THE UH WE'RE JUST ASKING TO BE ABLE TO DIRECTED FURTHER BACK ON THE PROPERTY, AS OPPOSED TO FURTHER AHEAD. OKAY, SO THEY IT'S A PREFERENCE. NOT A SPATIAL NEED IS THAT WAS A QUESTION. WELL, IT'S GOING TO BE A WASTE OF SPACE. IF WE MOVE IT FOR 18 FT. THERE'S GOING TO BE 18 FT. BEHIND THAT ACCESSORY BUILDING THAT'S GOING TO BE LOST SPACE AND USELESS. AND HONESTLY, IF WE MOVE IT FORWARD 18 FT. AT THAT POINT, IT'S ALMOST JUST AS WELL TO DO AN EXTENSION ON OUR HOUSE INSTEAD OF HAVING A BUILDING IN THE CENTER OF THE YARD AND LOOK ODD ABOUT 7 FT. OFF THE HOUSE AND THAT'S AN OPTION, TOO. WE COULD JUST ATTACH IT TO THE HOUSE. BUT IT'S DESIGNED. IT WAS ON THE ORIGINAL PLAN FOR A POOL AND IT'S INTENDED TO BE A PLACE TO PARK ONE VEHICLE AND STORE POOL EQUIPMENT AND THAT SORT OF THING. QUESTIONS. QUESTION. UM, DO YOU HAVE HOH APPROVAL? WE DECIDED TO GET THE VARIANCE APPROVAL BEFORE WE WENT TO A CHURCH AWAY, BECAUSE IF WE DON'T GET IT FROM THE CITY, THERE WAS NO POINT IN ASKING ARE RIGHT AWAY IF WE COULD PUT IT THERE, SO OKAY, BECAUSE A LOT OF TIMES WELL, C H O A AS APPROVED IT BEFORE. PEOPLE BRING IT TO US. OKAY, NOW WE'VE DECIDED TO ASK YOU GUYS FIRST AND THEN WE WENT TO THE TOP DOGS AND THEN WE GO TO THE NEXT ONE. THERE IS A HOUSE JUST A FEW DOORS DOWN, AND THEY HAVE A GARAGE ALREADY BUILT. SO THEY GOT THEIR SETBACKS SEEM, UM 13 09 WERE ABOUT 13. SO LIKE FOUR HOUSES? YES. SO FOR WHAT IT'S WORTH, BRADDOCK. I MEAN, I'M NOT. TAKE INSIDE YOUR STAFF. I'M JUST LETTING YOU KNOW THAT BRADDOCK IS ONE OF THE I BELIEVE IS THE ONLY ONE. KEVIN. CORRECT ME. IF I'M WRONG, THERE MIGHT BE ONE OTHER SUBDIVISION WHERE THEY DO A PERCENTAGE OF THE LOT INSTEAD OF A SET SET BACK AND IN PARTICULAR CASES WITH LONGER LOTS OF CAN END UP WITH PRETTY LARGE. SETBACKS AT TIMES NORMALLY, IF THIS WASN'T A PD THAT HAD SAID 10, THEN UM, A 10 FT REAR SETBACK WITH DEFINITELY BE ALLOWED. YOU KNOW, AS OPPOSED TO THE 18TH. BUT THAT'S JUST THE WAY IT WAS WRITTEN. UM SO THAT'S JUST FOR INFORMATIONAL PURPOSES. THANK YOU. MY NAME. OH, SORRY. THERE. MY NAME IS CHRISTY MERIT. I LIVE AT 13 01 SHADOW HILLS DRIVE. WIDELY. TEXAS SOME 5098. SO MY QUESTION IS THIS IS I'M JUST WONDERING WHEN THEY DEVELOP THEIR POOL AND MADE THEIR PLAN. UM I DON'T KNOW WHAT THE SETBACKS ARE FOR THAT, BUT COULD WE HAVE NOT A PREPLANNED THAT AND COMMENTATED FOR THE BUILDING OF THE TIME SO THAT WE WOULDN'T NEED VARIANCE. UM YOU KNOW, ALSO THE BUILDING. WE COULD CHANGE THE SHAPE, MAKE IT SMALLER, OR ADJUST IT AND MOVE IT CLOSER TO THE FULL TO BE WITHIN THE REGULATIONS SO THAT YOU KNOW EVERYONE'S RIGHTS ARE RESPECTED [00:25:01] . BUT WE'RE STILL YOU KNOW, TRYING TO ACCOMMODATE WHAT THEY WANT TO DO. YOU KNOW, IT'S NEEDS VERSUS WANTS. I WANT THIS BUILDING. BUT DO I NEED IT RIGHT THERE. I MEAN, WE CAN STILL DO IT WITHIN THE PARAMETERS, BUT YOU KNOW, WITHIN WITHIN WHAT WE DO. THAT'S IT. THAT'S WHY I HAVE TO SAY. 01 MORE THING, THOUGH THE HEIGHT OF THE BUILDING SO WITH I WAS NOTING I SAW SOMEWHERE WHERE THE HEIGHT RESTRICTION IS 14 FT, BUT WITH THE PITCH IT'S GOING TO BE 17 FT . IF YOU HAVE THAT PITCH THE BUILDING HEIGHT. DO WE KNOW WHAT THE BUILDING HEIGHT IS? THAT'S IS THE HEIGHT IN QUESTION. FOR THIS BE A FOR THIS CASE IS THE HEIGHTENED QUESTION, OR WAS IT JUST A SETBACK? AT SO ONE THING I DO WANT TO MENTION IS THAT THE BRADDOCK PLACES STATES PD DOES ALLOW FOR A MAX HEIGHT OF 36 FT FOR ACCESSORY STRUCTURES, SO THEY'RE THEY'RE CLEAR ON THAT, OKAY? CITY OF WAYS IS 15 50, OKAY? UM, THAT'S IT. THANK YOU. ANYONE ELSE? OKAY THEN THE APPLICANT CANNERY BUT CORRECT. OKAY COME ON UP. LET ME CLOSE THE PUBLIC. NO NO. KEEP THE PUBLIC HEARING OPEN BECAUSE THEY'RE CONSIDERED OKAY? YES, YES, YES, YES. SORRY. STILL TRYING TO GET MY FLOW DOWN. IT'S SUSAN CRANFORD FROM 12, 13, SHADOW HILLS. DR WILEY, TEXAS, 75098. WITH REGARD IT'S ONLY THE REAR SETBACK. THAT IS IN QUESTION. THERE IS NO SIDE SETBACK. THAT IS AN ISSUE. AND BUT TO RESPOND TO HER. ISSUE IF WE DO MOVE IT TO THE SIDE. LIKE MY HUSBAND HAD SAID WE WANT TO PARK A VEHICLE IN THERE. WE'RE NOT GONNA BE ABLE TO MANEUVER TO GET A VEHICLE BACK THERE. IF WE DO THAT, THIS NOW WITH ITS STRAIGHT BACK STRAIGHT BACK FROM OUR DRIVEWAY. WE JUST DRIVE STRAIGHT BACK. YOU CAN'T SEE IN THIS PICTURE, BUT THE DRIVEWAY HAS ALREADY BEEN EXTENDED TO DRAW. I'M LOOKING IN THE DRAWING, OKAY? I WAS COMPARING. NO, YOU'RE FINE. BUT ON THIS ONE, IT DOESN'T SHOW THE DRIVEWAY EXTENSION. THE DRIVEWAY EXTENSIONS ALREADY BEEN DONE. GOT IT? THANK YOU ANY OTHER QUESTIONS? COMMENTS FROM THE BOARD. ANYBODY HAVE ANY FEEDBACK? I WAS JUST GONNA ANSWER ONE OF THE QUESTIONS THAT THE APPLE ARE THE UM NEIGHBOR BROUGHT UP WAS AS FAR AS THE POOL GOES JUST SO FOR CLARIFICATION, POOLS DO NOT HAVE SET BACK. SO THAT AND THAT'S NOT IN QUESTION THIS EVENING IS JUST THE BUILDING. BUT SHE DID MENTION LIKE, YOU KNOW, TALKING ABOUT WHEN IT WAS ALL SET UP. UM YOU KNOW, AND SHE DID MENTION POOL SETBACKS, AND I JUST WANTED TO CLARIFY THAT, OKAY? GOOD. UH, ANYTHING ELSE? ALRIGHT THEN. CLOSE THE PUBLIC HEARING. AND I WILL TAKE EMOTION. RIGHT YOU WANT DISCUSSED BUILT FEEL FREE TO DISCUSS. YOU. FEEL FREE. OH, OKAY? WHEN I SIT IN THAT CHAIR WILL BE DIFFERENT. YEAH I JUST WANT TO SAY WITHOUT COMMENT. AS TO, UH YOU KNOW ANY ANY RIGHTS OR ANY ANY, UH, ANY PROCESS THAT MAYBE HAD UNDER THE H O. A, UH THE APPLICANT OR ANY OTHER MEMBER OF THE PUBLIC MAY HAVE AFTER THIS SEEMED TO ME. I DON'T SEE AN OVERWHELMING CITY REASON TO NOT GRANT THIS HEAD BACK. I JUST HAVE ONE THOUGHT. IF IT'S WITHIN 2 FT. OF WHAT THE SETBACK IS NORMALLY IN THE CITY, RIGHT BECAUSE IT'S BASICALLY THIS ONE IS 18 FT, BUT THAT'S BASICALLY UNREALISTIC. BUT THEY WANT TO EVEN GET A CLOSER THAN WHAT IT NORMALLY WOULD BE. WHICH IS WHAT 5 FT. THERE. UM THEY'RE ASKING FOR 5 FT REAR SETBACKS AND FOR ACCESSORY BUILDINGS. I BELIEVE IT'S ACTUALLY THREE IS WHAT'S ALLOWED NOW. OKAY ACTUALLY FARTHER AWAY THAN WHAT THE CITY NORMALLY REQUIRES, EXCEPT FOR PD SITUATION THERE TO FIT TO THE GOOD ON THE REAR, AND I UNDERSTAND THE DISSENTING NEIGHBORS FRUSTRATIONS. THE ONLY PROBLEM IS WE'RE NOT VOTING ON THE SIDE. I MEAN, THE PROPOSAL IS THE REAR THE REAR IS THE ONLY THING THAT WE'RE LOOKING AT CORRECT. SO THAT IS CORRECT. WE ARE ONLY UM THIS CASE IS ABOUT THE REAR SETBACK. FROM 18 FT TO [00:30:06] WHERE IT'S GOING TO BE PRESENT. YEAH THAT'S THIS CASE IS JUST THE REAR SETBACK. THE REST IS INFORMATIONAL. ANY MORE COMMENTS OR DISCUSSION. I'LL GRANT A MOTION. I MAKE A MOTION. WE ACCEPT THE PROPOSAL. I'LL SECOND THAT OKAY, LET'S VOTE. AND IT PASSES. UNANIMOUSLY FOR OKAY? CATCH UP HERE. ONE MORE ALRIGHT. THIRD ITEM ON THE AGENDA. HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY TIMOTHY REN FOR THE VARIANTS TO SECTION THREE POINT TO POINT B OF THE ZONING ORDINANCE FOR ALLOW FOR 3 FT REAR SETBACK IN LIEU OF THE REQUIRED REAR SETBACK OF 25 FT PROPERLY LOCATED AT 306 HARVEST BED ZB, A 2023-6. KEVIN ALL YOU . OKAY LAST ITEM ON THE AGENDA IS A REQUEST FOR 3. FT. REAR SETBACKS IN LIEU OF THEIR REQUIRED 25 FT. THIS ONE IS DIFFERENT THAN THE PREVIOUS CASES BECAUSE IT IS A HOME EDITION. THAT'S WHY IT IS 25 FT VERSUS THE NORMAL 3 FT. UM AND IT IS FOR THE ADDITION OF A GARAGE THAT MEASURES 576 SQUARE FEET. UM I HAVE PULLED UP THE AERIAL IMAGE TO SHOW WHAT'S ADJACENT TO THE SITE. CURRENTLY IT'S A MOSTLY VACANT LOT. IT DOES HAVE A HOUSE ON THE EAST SIDE, BUT IT'S MOSTLY VACANT. UM ARE THOROUGHFARE PLAN ACTUALLY SHOWS AND DRIVE GOING THROUGH THERE, BUT THAT'S REALLY ONLY UNTIL THE LAND GETS DEVELOPED, SO YOU COULD POTENTIALLY SEE HOUSES BEING BUILT THERE IN THE FUTURE. BUT CURRENTLY IT'S MAKING IN THE FUTURE. YOU COULD WE DID MAIL OUT 20 NOTIFICATIONS AND RECEIVED THREE IN FAVOR. THAT WILL BE HAPPY TO ANSWER ANY QUESTIONS. UM I MIGHT BE ASKING YOU TO MAKE CONJECTURE HERE BUT IS IF YOU PUT IF AN DRIVE GOES ALL THE WAY THROUGH CAN IS THAT WIDE ENOUGH, BUT THE HOUSE LOT ON EITHER SIDE OF THAT. THE LAYOUTS THAT WE'VE CLEAN. UM CAN YOU ZOOM OUT JUST A LITTLE BIT, KEVIN. THANKS A AND DRIVE IS ON THE SOUTH. UM YEAH, AND THE SOUTHEAST. CORNER. IT WOULD ALMOST FOLLOW. YOU CAN KIND OF IMAGINE A LITTLE CURVE, TOO LITTLE CURVES. UM, KIND OF LIKE THE ESCORT. BUT NOT SO SHARP AND PROBABLY NOT FLOODED. UM AND THAT'S HOW IT WOULD GO. AND THEN SO MOST OF THE TIME, WHAT WE HAVE SEEN IS, UM, PUBLIC SPACE BACK ON IT WOULD BE ON THE NORTHWEST CORNER. AND UM, ON THE SOUTHEAST CORNER, AND THEN ONCE YOU GET ON THE OTHER SIDE, AND THEN THERE'S A ROAD THAT KIND OF GOES DOWN THE MIDDLE AND YOU'D HAVE HOUSES ON EITHER SIDE. ANY MORE QUESTIONS FOR KEVIN. ANY DISCUSSION. OKAY WITH THE APPLICANT LIKE TO COME AND SPEAK. PLEASE STATE YOUR NAME AND YOUR ADDRESS INTO THE MIC. SARAH RAN 306 HARVEST, THEN DRIVE. TIMOTHY REN 306 HARVEST BEEN DRIVE WHILE WE TEXAS. GENERAL CONTRACTOR MARK GRIZZLE , 6, 96, INDIAN MEADOW AND SEX. THANK YOU. YEAH SO REALLY, ALSO TRYING TO DO IS CREATE EXTRA ROD SPACE, OUR DAUGHTERS OR FELT TO START DRIVING, UM. EVERYBODY WAS HERE IN 2016, YOU KNOW, I MEAN, SHE'S TRYING TO GET SOME GARAGE SPACE. UH THERE'S ALREADY A SLAB THERE THAT Y'ALL ALREADY PRE APPROVED. HAS BEEN POURED. SO AND IT FOLLOWS THE SAME 3 FT SETBACK. SO I MEAN, AT THIS POINT, THERE'S. THERE'S NOTHING ELSE THAT CAN BE DONE EXCEPT FOR THE STRUCTURE. IMPOSSIBLE. JUST TRYING TO GET A GARAGE. FIRST POINT. AND I WOULD ALSO JUST LIKE TO SAY THERE'S NOT A HOUSE ON THAT PROPERTY. IT'S JUST LIKE A METAL CARPORT. YEAH. SO WHAT? [00:35:09] ME THROUGH THAT THERE'S A SLAB ALREADY. THERE WAS YES, MA'AM. PREAPPROVED UM, WHEN WE HAD OUR POOL DONE SO THERE'S ALREADY A CONCRETE SLAB THERE. IF HE WAS TO EXPAND THAT OUT, YOU CAN ALREADY SEE THAT THERE WAS SLAB THAT'S BEEN FORD THAT'S BEEN IMPROVED. IF I'M WRONG. GIVE ME JUST ONE SECOND WITH HER, UM THAT DOESN'T MEAN THAT THEY WERE STARTING THE GARAGE BEFORE THEY CAME TO YOU ALL. THANK YOU. CORRECT YEAH, THANK YOU. I THINK SHE WAS GOING WITH THAT. THAT'S WHY I WANTED TO TOTALLY DIFFERENT APPROVAL. YOU CAN A CITIZEN CAN COME IN. YOU CAN CONCRETE YOUR ENTIRE BACKYARD. WELL YOU CAN'T ANYMORE. WE USED TO ALLOW IT, BUT WE HAD FLOODING ISSUES YOU KNOW WITH NEIGHBORS, BUT YOU CAN THEORETICALLY CONCRETE, A LARGE PORTION OF YOUR BACKYARD AND WE REQUIRE IT. UM IF YOU HAVE AN RV BOAT OR IF YOUR PARKING A CAR WE DON'T ALLOW PARKING ON GRASS. SO YOU CAN HAVE CONCRETE EVEN THOUGH YOU DON'T HAVE A GARAGE, SO THAT'S WHERE I WAS NECESSARILY MEAN THAT THEY WERE STARTING THIS PROCESS WITHOUT COMING HERE FIRST. TINA'S YEAH. CAN'T AFFORD TO DO BOTH AT THE SAME TIME. NO NO. YEAH, THERE'S THAT PIECE RIGHT THAT WE GET THAT WE GET. OKAY SO ANYONE THE BOARD HAVE QUESTIONS FOR THE APPLICANT. ANY FEEDBACK ANY ANYTHING ELSE? IS THE. THE PICTURE THAT WE SEE. IS IT GONNA BE IT LOOKS LIKE IT'S GONNA BE A DIFFERENT MATERIAL THAN WHAT THE HOUSES IT'S NOT GOING TO BE BRICK FRONTED. BUT AGAIN, IT'S. DECIDE DR HOUSE. YOU CANNOT SEE IT. THERE'S NOBODY THERE. UM. OH, IT SURE IT'LL BE IN THE BACK. OKAY YEAH , CORRECT. AND THE BACK SIDE OF OUR HOUSE IS THE SAME, CITING AS WELL LIKE UNDERNEATH THE PATIO AREA TO SAME, CITING IT'LL MATCH THE REST OF EVERYTHING ELSE. I JUST DON'T BREAK THANK YOU, AND IT'S AN NO. NO VIEW OF THE NEIGHBORS WOULD SEE ANY OF IT FROM HOW WE'RE SITUATED. ANYTHING ELSE? ALL RIGHT. THANK YOU. THANK YOU. THANK YOU ALL OPEN UP A PUBLIC HEARING. ANYONE LIKE TO COME UP AND SPEAK. SINCE THERE'S NO RUSH WILL CLOSE THE PUBLIC HEARING. FORD ANYTHING YOU WOULD LIKE TO DISCUSS ON THIS. THEN I'LL ENTERTAIN A MOTION. I MAKE A MOTION THAT WE GRANT THE VARIANTS AS PRESENTED. I'LL SECOND PLEASE VOTE. PASSES FORTUNATE FOR IN FAVOR, SO YOU'RE GOOD TO GO. ALL RIGHT . SO DO WE CLOSE THIS MEETING DIFFERENTLY THAN THE B AND C. THERE WE GO. SAME UM, DO WE HAVE ANY QUESTIONS? YES. SO WE WILL HAVE A MEETING NEXT MONTH. OKAY SO WE WILL HAVE A MEETING NEXT MONTH. I'LL ACCEPT A MOTION TO ADJOURN. SECOND. OKAY. PLEASE VOTE. AND WE ARE ALL IN * This transcript was compiled from uncorrected Closed Captioning.