[Zoning Board of Adjustment on July 15, 2024.]
[00:00:07]
ALL RIGHT. GOOD EVENING, EVERYBODY. I'M GOING TO GO AHEAD AND CALL TO ORDER THE MARCH. OH, NO. THAT'S THE MINUTES, THE JULY 15TH. ZONING BOARD OF ADJUSTMENTS, REGULAR MEETING.
THE TIME IS 613, WE ARE AT THE WILEY CHAMBER, CITY COUNCIL CHAMBERS, OUR FIRST ORDER OF BUSINESS THIS EVENING WILL BE TO NOMINATE AND VOTE ON A CHAIR FOR THE BOARD FOR THIS COMING UP.
YEAR ANYBODY CAN MAKE A NOMINATION. YEAH. PUSH YOUR BUTTON. READ. OH, SO IT'S ON.
RICHARD HAS BEEN ON THE BOARD FOR SEVERAL YEARS. FOR SEVERAL OR SEVEN. SEVERAL, SEVERAL. OKAY AND AISHA, IS THIS YOUR FIRST TIME ALSO, WITH THE CITY? YES, I OKAY WITH THE CITY? YES. I ALSO AM, THE ADMINISTRATOR ON THE BOARD FOR A NONPROFIT. WHICH WAS THE LAST NAME? COVINGTON ALL RIGHT, FOR THE RECORD, MY NAME IS GORDON HAYKEL, AND I MAKE A MOTION TO NOMINATE RICHARD COVINGTON AS THE CHAIR FOR THE WILEY ZONING BOARD OF ADJUSTMENT. I NEED SOMEONE TO SECOND THAT MOTION AND IF YOU AGREE WITH THE NOMINATION. AISHA OR. YEAH I SECOND THE MOTION. OKAY ALL RIGHT. ALL THOSE IN FAVOR OF RICHARD COVINGTON AS THE CHAIR? SAY, I WE HAVE AN ELECTRONIC SYSTEM. OH, YEAH. WHERE IS, FUNNY THERE.
OH OKAY, WE'RE GOING TO MOVE IN. ALL RIGHT. SORRY. STEP RIGHT THERE. YES OR NO? SO WE HAVE A CHAIR. SO, RICHARD. MR. COVINGTON, WOULD YOU PLEASE COME SIT OVER HERE AND THEN YOU TAKE IT FROM THERE? YES, SIR. AND THEN GO AHEAD AND JUST DO THE. IN ADDITION TO THE CHAIR, WE DO NEED TO NOMINATE A VICE CHAIR. SO, NOMINATIONS FOR THE VICE CHAIR ARE OPEN. MISS AISHA, WHAT IS YOUR LAST NAME? H U D S O N. ALL RIGHT, AGAIN, FOR THE RECORD, MY NAME IS GORDON HAYKEL. I MAKE A MOTION TO NOMINATE MISS AISHA HUDSON AS THE VICE CHAIR FOR THE WILEY ZONING BOARD OF ADJUSTMENT. SECOND, THE MOTION. OKAY, WE HAVE A NOMINATION, AND WE HAVE A SECOND. SO WE WILL MOVE. DO I NEED TO GO FOR DELEGATED? YOU HAVE TO GO OVER THERE. THERE YOU GO. ALL RIGHT. PERFECT. ALL RIGHT.
THAT MOTION PASSES. THAT MOTION PASSES IN. AISHA, WELCOME TO THE BOARD. AS VICE CHAIR. JASON, WE HAVE. YES. SO IF YOU GO TO THE REPORT. ON THE NEXT ITEM WILL BE. I'M SORRY. GO BACK. OKAY. S.
[00:05:11]
OKAY. WE ARE GOING TO MOVE INTO A WORK SESSION. AND DURING THIS WORK SESSION, OUR STAFF WILL GIVE US A PRESENTATION ON THE ZONING BOARD OF ADJUSTMENT RULES. AND PROCEDURES. THANK YO, MR. CHAIRMAN, WE GOT THREE NEW MEMBERS TONIGHT. SO THIS IS GOOD, WHAT I'M GOING TO DO IS VERY QUICKLY GO THROUGH THIS PRESENTATION THAT WAS IN YOUR PACKET AND JUST KIND OF TALK ABOUT RULES, REGULATIONS AND RESPONSIBILITIES AND PROCEDURES FOR THE ZONING BOARD OF ADJUSTMENTS. SO LONG STORY SHORT, THE CITY HAS BEEN GIVEN POLICE POWERS THROUGH VARIOUS.AND IT'S ACTUALLY CALLED POLICE POWERS, BELIEVE IT OR NOT, FOR DIFFERENT ZONING REGULATIONS WITHIN INSIDE THE CITY LIMITS, THERE'S THE P AND Z COMMISSION, WHICH DOES OTHER ITEMS THE DAY TO DAY PLANNING. CITY COUNCIL, HAS ULTIMATE AUTHORITY EXCEPT FOR THE ZONING BOARD OF ADJUSTMENTS. WHATEVER DECISION THAT THE BOARD MAKES ON ANY PARTICULAR CASE, THE ONLY WAY THAT AN APPLICANT, CAN AGGRIEVE THEMSELVES IS THROUGH DISTRICT COURT. SO THE ZONING BOARD OF ADJUSTMENTS IS KIND OF UNIQUE THAT WAY, IT'S SECTION 211008 OF THE TEXAS STATE LOCAL GOVERNMENT CODE. THAT'S WHAT, ALLOWS THE ZONING BOARD OF ADJUSTMENTS. IF YOU'RE EVER SUFFERING FROM INSOMNIA, I HIGHLY RECOMMEND YOU GO READ THAT AND TAKE A LOOK, SO THERE'S FOUR THINGS THAT THE ZONING BOARD OF ADJUSTMENTS DOES. THERE'S APPEALS TO ADMINISTRATIVE DECISIONS, VARIANCE REQUESTS FOR ZONING ORDINANCE MAKING RECOMMENDATIONS TO THE ZONING ORDINANCE BASED ON VARIANCES AND SPECIAL EXEMPTIONS, APPEAL TO ADMINISTRATIVE DECISIONS. THAT IS BASICALLY WHEN I, IN MY ROLE AS THE, CITY PLANNER, TELL SOMEBODY THAT THIS IS THE WAY W, WE, SAY THERE'S A LITTLE, MAYBE A LITTLE BIT OF A GRAY AREA IN THE ZONING ORDINANCE, IF I INTERPRET IT A CERTAIN WAY AND THEY DON'T AGREE WITH ME, THEY CAN APPEAL TO THIS BOARD, FOR A DECISION ON THAT PARTICULAR ITEM, IT DOES COME UP EVERY ONCE IN A WHILE, BUT IT'S PRETTY RARE MOST OF THE TIME. OUR ZONING ORDINANCE, WE'VE TRIED TO DO EVERYTHING WE CAN TO MAKE IT BLACK AND WHITE, AND BUT THERE ARE SOME TIMES WHEN THERE'S AREAS IN THERE THAT, I JUST HAVE TO MAKE A JUDGMENT CALL, OR WHOEVER'S IN MY POSITION, THIS IS THE ONE THAT THIS BOARD DOES 90% OF THE TIME, IS A VARIANCE REQUEST, THIS IS ONE THAT WE'RE GOING TO LOOK AT THIS EVENING, WITH AN APPLICANT, THIS IS BASICALLY WHEN THERE IS A SPECIAL CIRCUMSTANCE ON THE PROPERTY, THAT THE APPLICANT IS ASKING FOR SOME KIND OF ASSISTANCE WITH, THAT LISTS THERE IS EVERYTHING THAT THE STATE SAYS THAT YOU HAVE TO CONSIDER AS YOU MAKE YOUR DECISION, IF YOU'RE GOING TO, GRANT THE VARIANCE, IT HAS TO BE 75% OF THE BOARD MEMBERS, NOT BOARD MEMBERS PRESENT. THAT'S BOARD MEMBERS, PERIOD. SO, NORMALLY THIS BOARD IS FIVE MEMBERS. WE HAVE FOUR TONIGHT. SO WE HAVE A QUORUM. BUT THAT MEANS THAT ALL OF YOU HAVE TO VOTE IN FAVOR OF THE ITEM THIS EVENING. IF WE HAD A FIFTH MEMBER HERE THIS EVENING, THEN WE COULD HAVE ONE DISSENTING VOTE, AND IT WOULD STILL PASS. SO EVERYTHING THAT THE ZONING BOARD OF ADJUSTMENTS DOES WHEN THEY VOTE IS BASED ON A SUPERMAJORITY OF BOARD MEMBERS AND NOT BOARD MEMBERS PRESENT, THAT'S KIND OF IMPORTANT TO KNOW, BUT, WE CAN GO FORWARD WITH THAT. VARIANCE RUNS WITH THE PROPERTY, NOT THE OWNER. THAT'S ONE THING THAT'S VERY IMPORTANT TO CONSIDER WHEN YOU GRANT A VARIANCE ON THAT PROPERTY, ON A PROPERTY FOR A PARTICULAR REASON, IT'S FOREVER, SO JUST MOST OF THE TIME THAT'S STILL OKAY. BUT JUST KEEP THAT IN THE BACK OF YOUR MIND AS YOU'RE MAKING YOUR DECISION, ZONING AMENDMENTS, ORDINANCE AMENDMENTS. SOMETIMES WE HAVE PARTICULAR THINGS THAT WHERE WE NOTICE THAT THE BOARD GETS OVER AND OVER AND OVER AGAIN, CHAIRMAN COVINGTON KNOWS, EARLIER THIS YEAR, WE HAD A BUNCH OF RETAINING WALL, REQUESTS. PEOPLE HAD, THE DEVELOPER OR WHATEVER WOULD PUT IN THEIR YARD ON A CORNER LOT OR SOMETHING, AND THE YARD WOULD SLOPE. AND THEY'VE NOTICED OVER THE LAST COUPLE OF YEARS THAT THEY'RE THEY'RE LOSING MORE AND MORE OF THE YARDS THEY WANT TO PUT IN A RETAINING WALL. WELL, THE FRONT TEN FEET OF EVERY YARD IN WILEY, IF YOU DON'T KNOW THIS, YOU'LL KNOW NOW IS A TEN FOOT UTILITY EASEMENT. BUT JUST BECAUSE IT'S UTILITY EASEMENT DOESN'T NECESSARILY MEAN THAT THERE'S UTILITIES IN THERE. SO, A COUPLE OF FOLKS SAID, HEY, WE WANT TO PUT RETAINING WALLS IN. AND THEY EITHER GOT, OKAY, PERMISSION FROM THE CITY ENGINEER THAT EVEN IF THERE ARE UTILITIES IN THERE, BUT YOU'RE PUTTING IT AWAY FROM IT OR THERE'S NO ACTUAL UTILITIES IN THERE. AND AS LONG AS YOU UNDERSTAND THAT, HEY, IF WE NEED TO DIG SOMETHING UP, WE MAY DESTROY YOUR RETAINING WALL. AND WE'RE UNDER NO OBLIGATION TO
[00:10:01]
ACTUALLY PUT BACK. THEN YOU CAN GO AHEAD AND, YOU KNOW, WE'RE WE'RE OKAY WITH THAT. THEN WE BRING THAT INFORMATION TO THIS BOARD AND THEN THE BOARD DECIDES WHETHER TO ALLOW IT. THAT IS A GREAT EXAMPLE OF SOMETHING WHERE WE'RE NOW LOOKING AT CHANGING THE ORDINANCE, BECAUSE THE BOARD GRANTED 3 OR 4 OF THOSE, IN MY PERSONAL OPINION, RIGHTFULLY SO, BECAUSE FOLKS WERE THERE, EROSION WAS WASTING AWAY THEIR YARD, AND WE CAN WRITE IT IN SUCH A WAY THAT IT WILL PROTECT, BOTH THE CITY, ABILITY TO USE THE UTILITY AND STILL ALLOW THE APPLICANT TO ENJOY THEIR YARD.YOU KNOW, IT'S THEIR PROPERTY. IT'S PERSONAL PROPERTY. AT THE END OF THE DAY, THEN SPECIAL EXEMPTIONS ASKED ME IF YOU WANT. LATER, WE DON'T EVER DO THESE IN WILEY. BASICALLY WHAT IT IS, IS THE ZONING ORDINANCE CAN SAY, THIS USE WILL BE ALLOWED IF CBO APPROVES IT. WE DON'T WORK THAT WAY HERE, THERE'S OTHER CITIES. I'M NOT. I'M NOT EVEN AWARE OF A CITY IN TEXAS THAT DOES THIS, BUT I'M SURE SOME OF ■THE BIGGER CITIES DO, WE JUST DON'T. SO, I'M NOT REALLY GOING TO WORRY ABOUT IT TOO MUCH, THE LAST TIME WE DID THE RULES AND PROCEDURES THAT I'M ABOUT READY TO GO OVER, THEY WERE UPDATED IN MARCH 2020. THEY WERE WRITTEN BY THE BOARD MEMBERS, THEY WERE WRITTEN BY KEVIN, ACTUALLY. BUT THE BOARD MEMBERS GAVE A HUGE AMOUNT OF INPUT, AND WE HAD A COUPLE OF WORK SESSIONS TO GO OVER IT. POINT BEING IS THAT THE BOARD MEMBERS DECIDED WHAT THEIR RULES AND PROCEDURES ARE. THAT BEING SAID, IT STILL HAD TO BE APPROVED BY CITY COUNCIL, SO IT STILL FOLLOWS CITY COUNCIL RULES AND PROCEDURES PRETTY CLOSELY, BUT THERE ARE A FEW VARIANCES.
SO HERE'S OUR GENERAL MEETING FORMAT, CHAIRMAN CALLS THE MEETING TO ORDER CITIZEN COMMENT ON NON-AGENDA ITEMS WORK SESSION, WHICH IS WHAT WE'RE IN RIGHT NOW. CONSENT ITEMS USUALLY THE MINUTES FOR KBOA IS THE ONLY ITEM ON CONSENT. CONSENT CAN BE A BUNCH OF ITEMS. IF YOU EVER LOOK AT A CITY COUNCIL OR A PLANNING AND ZONING MEETING, THERE CAN BE TWO, THREE, FOUR, SOMETIMES 20 ITEMS ON A CONSENT. IF IT'S AT CITY COUNCIL, THERE ARE ITEMS THAT ARE VERY ROUTINE, IN THIS PARTICULAR CASE, IT WOULD JUST BE THE MINUTES FOR THIS PARTICULAR BOARD, THEN THERE'S THE PUBLIC HEARINGS, WHICH WE'RE ABOUT READY TO GET INTO, AND THEN WE'LL ANNOUNCE WHETHER WE'RE GOING TO HAVE ANOTHER MEETING AND THEN, ADJOURNMENT, I WAS TALKING TO CHAIRMAN COVINGTON ABOUT THIS A FEW MINUTES AGO BEFORE THE MEETING STARTED. BE AWARE THAT ALL OF THESE MEETINGS ARE BOTH AUDIO AND VIDEO RECORDED. SO LOOKING AT YOUR PHONE, THAT'S WHY WE GIVE YOU COMPUTERS SO YOU CAN LOOK UP INFORMATION. IF SOMEBODY'S SAYING SOMETHING YOU CAN GO TO A MAP. YOU CAN LOOK AT GOOGLE. YOU CAN DO ANOTHER INTERNET SEARCH OR SOMETHING LIKE THAT, IF YOU PICK UP YOUR PHONE AND LOOK AT IT AND LET'S SAY, SOMEBODY'S WATCHING AND THEY WANT TO KNOW WHAT WHAT YOU WERE TEXTING OR DOING, THEY HAVE A RIGHT TO ASK FOR A PUBLIC INFORMATION REQUEST. I'M SURE MOST OF US DON'T HAVE ANYTHING THAT'S ALL THAT CRAZY. BUT, YOU KNOW, AT THE SAME TIME, YOUR PRIVACY IS YOUR PRIVACY. SO JUST PLEASE BE VERY AWARE OF THAT. SO THIS IS THE ITEM FORMAT. SPECIFICALLY THIS IS THE ENTIRE MEETING. THIS IS JUST ONE PARTICULAR ITEM. THE CHAIR WILL INTRODUCE IT. STAFF WILL GIVE OUR OUR GENERAL REPORT, USUALLY ESPECIALLY IF IT'S A ZONING ORDINANCE TYPE OF ISSUE, STAFF IS GENERALLY NEUTRAL, SOMETIMES YOU'LL TELL BY THE TONE OF OUR REPORT THAT WE EITHER THINK IT'S A GOOD IDEA OR A BAD IDEA, BUT AT THE SAME TIME, WE'RE HERE TO GIVE FACTS BECAUSE COUNCIL APPOINTED Y'ALL TO MAKE THE DECISIONS, WE WILL DO EVERYTHING WE CAN TO GET ALL THE INFORMATION THAT YOU, YOU NEED IN ORDER TO MAKE THE BEST DECISION YOU CAN FOR THE CITY OF WYLIE AND THE APPLICANT. AFTER THE STAFF GIVES THEIR REPORT, THEN THE APPLICANT CAN MAKE ANY REMARKS IF THEY WISH, THEN THERE'S A PUBLIC HEARING, THE CHAIRMAN HAS TO OPEN A PUBLIC HEARING WHETHER THERE'S ANYBODY IN THE BUILDING, YOU KNOW, IN THIS, IN THE AUDIENCE OR NOT, AND ANYBODY WHO COMES UP CAN HAVE THREE MINUTES, BY STATE LAW, SIX MINUTES IF THEY'RE REPRESENTING AN ENTIRE ORGANIZATION, THEN BASED ON THOSE CITIZEN COMMENTS, THE APPLICANT IS ALLOWED TO COME BACK UP AND REBUT ANY OF THOSE THINGS, IF IT'S AN ADVERSARIAL TYPE OF SITUATION, THEN THE BOARD CAN DISCUSS WHATEVER THEY LIKE AND THEN MAKE A MOTION. YOU CAN IMPROVE, YOU CAN APPROVE WITH CONDITIONS, OR YOU CAN DISAPPROVE. APPROVE WITH CONDITIONS MEANS Y'ALL HAVE THE ABILITY TO NEGOTIATE WITH THE APPLICANT. YOU KNOW, IF SOMEBODY SAYS, I WANT TO BUILD A BUILDING 20FT TALL AND YOU'RE LIKE, YOU KNOW WHAT? WE AIN'T DOING IT. THE ORDINANCE SAYS 15. BUT YOU KNOW WHAT? YOU'RE ON A HALF AN ACRE. WE'LL GO 18. YOU HAVE THE ABILITY TO MAKE THOSE SUGGESTIONS TO THE APPLICANT IF YOU WISH. OR YOU CAN JUST SAY, NO, WE'RE NOT APPROVING IT AT ANYTHING PAST WHAT THE ORDINANCE SAYS. AND YOU DISAPPROVE. IT PACKET. OKAY SO THESE OTHER CONSIDERATIONS, AS THE SLIDE SAYS, THIS IS JUST GENERAL INFORMATION PACKET DELIVERY IS ALWAYS BY EMAIL. MAKE SURE THAT THE EMAIL THAT YOU HAVE GIVEN TO ME, OR YOU PROBABLY ORIGINALLY GAVE IT TO STEPHANIE, OUR CITY SECRETARY, MAKE SURE THAT THAT IS AN EMAIL THAT YOU DON'T MIND BEING PART OF AN OPEN RECORDS REQUEST. GOING FORWARD. IF YOU WANT TO CHANGE TO A DIFFERENT EMAIL, SEND IT TO ME. I'LL MAKE SURE THAT THAT EMAIL IS THE ONE THAT YOU GET IT DELIVERED TO,
[00:15:02]
AND THEN JUST MAKE SURE YOU'RE CHECKING THAT OR YOU GET NOTIFICATIONS. ALL RIGHT. OUR MEETINGS ARE ALWAYS ON THE THIRD MONDAY OF THE MONTH, IF WE HAVE ONE, SOMETIMES WE DON'T. I'M TRYING TO GET IN THE HABIT OF SENDING OUT, NOTICES IF WE DON'T HAVE A MEETING. BUT SOMETIMES I HATE TO SAY THIS, BUT SOMETIMES I DO FORGET. SO IF YOU DON'T HEAR FROM ME, ODDS ARE WE'RE NOT HAVING A MEETING. FEEL FREE TO CALL IF YOU'RE NOT SURE. OKAY. ATTENDANCE IS MANDATORY, IF YOU MISS THREE MEETINGS IN A ROW, I CAN GO TO COUNCIL AND ASK THEM TO REMOVE YOU FROM THE BOARD. I DON'T WANT TO EVER HAVE TO DO THAT, BUT AT THE SAME TIME, AND I LOVE YOU ALL AND APPRECIATE YOUR SERVICE TO THE CITY. YOU KNOW, I LIVE HERE, TOO, BESIDES, WORK HERE, BUT THAT BEING SAID, YOU MADE A COMMITMENT TO THIS BOARD. LIFE HAPPENS. YOU KNOW, EVERYTHING. SOMETIMES THINGS GO SIDEWAYS, BUT LET ME KNOW IF YOU'RE NOT GOING TO BE HERE, LET ME KNOW IF YOU'RE COMING IN, YOU KNOW, AND DOING EVERYTHING YOU CAN TO GET HERE, YOU KNOW, BUT IT'S GOING TO BE CLOSE, I APPRECIATE IT, AND WE'LL WORK WITH YOU ON THAT. BUT IF I DON'T HEAR FROM YOU AT ALL, I'M JUST GOING TO ASSUME YOU KNOW WHAT YOU'RE NOT INTERESTED IN SERVING ANYMORE. AND I'M GOING TO ASK COUNCIL TO MOVE THE NEXT PERSON UP, QUORUM AND OPEN MEETINGS. AS I SAID, WE'VE GOT WE HAVE TO HAVE FOUR PEOPLE, I PREFER FIVE BECAUSE THAT GIVES ONE DISSENTING VOTE. I THINK THAT'S THE FAIREST THING TO THE APPLICANT. YOU KNOW, YOU DON'T HAVE TO CONVINCE EVERYBODY YOU JUST GOT TO CONVINCE MOST OF THEM. AND THEN OPEN MEETINGS. WE KIND OF TALKED ABOUT, PRE-MEETING QUESTIONS. IF YOU HAVE A QUESTION, YOU GET THE PACKET ON FRIDAY. I KNOW IT'S NOT A LOT OF TURNAROUND TIME. WE TRY TO GET IT OUT ON THURSDAYS. WE'RE NOT ALWAYS SUCCESSFUL. IT JUST DEPENDS ON HOW BUSY WE ARE AND HOW, YOU KNOW, HOW MANY PEOPLE COME IN TO CITY HALL ON A PARTICULAR DAY, BUT WITH WHAT TIME YOU HAVE, PLEASE LOOK AT THE PACKET BEFOREHAND. IF YOU HAVE ANY QUESTIONS I WOULD ASK THAT YOU EMAIL ME. I WILL EVEN ANSWER YOU ON SATURDAYS AND SUNDAYS. YOU KNOW, THE REASON IS, IS NOT THERE'S TWO THINGS. ONE IS IT MAKES JUST FOR A BETTER MEETING. I CAN GET YOU BETTER ANSWERS. THE MORE TIME I HAVE. I PREFER. AND ALSO WE DON'T WANT TO HAVE A MEETING WHERE WE HAVE TO STOP IT BECAUSE STAFF HAS TO LOOK SOMETHING UP.YOU KNOW, IF YOU YOU KNOW. AND GRANTED, YOU MIGHT THINK SOMETHING TONIGHT AND WE DO HAVE TO DO THAT WHERE WE HAVE TO JUST KIND OF, YOU KNOW, FIGURE OUT THE ANSWER TO SOMETHING. BUT IF YOU TAKE A LOOK AT THE PACKET AND YOU WRITE YOUR QUESTIONS DOWN, PLEASE EMAIL ME AHEAD OF TIME OR KEVIN, AND WE'LL DO EVERYTHING WE CAN TO GET YOU THE BEST POSSIBLE ANSWER. AND THEN WHAT WE'RE GOING TO DO IS WE'RE GOING TO SHARE THAT WITH EVERYBODY. SO, ALL THE BOARD MEMBERS ARE KNOW WHAT THE QUESTION WAS AND KNOW WHAT THE ANSWER WAS, WHICH REMINDS ME, MOST OF THE TIME I BLIND COPY EVERYBODY. IF YOU DO HAVE SOMETHING, DO NOT HIT REPLY ALL, IF YOU HIT REPLY ALL AND I DIDN'T BLIND COPY EVERYBODY FOR SOME REASON, THAT IS A QUORUM.
AND WE'RE BOTH GOING TO GET IN TROUBLE. DOES THAT MAKE SENSE ON EMAILS? OKAY, THAT GOES WITH OPEN RECORDS. CONFLICT OF INTEREST. IF YOU HAVE A FINANCIAL INTEREST IN A PARTICULAR DECISION THAT'S BEING MADE, IT'S UP TO YOU TO MAKE THAT DECISION AND THEN RECUSE YOURSELF FROM THE BOARD FOR THAT PARTICULAR VOTE. I CANNOT GIVE YOU ADVICE. THE CITY ATTORNEY DOES NOT LIKE US TELLING PEOPLE, YES, YOU NEED TO RECUSE YOURSELF. NO YOU DON'T. IT IS UP TO YOU TO DECIDE WHETHER YOU HAVE A CONFLICT OF INTEREST OR NOT. OKAY IT'S PRETTY SIMPLE. IF YOU'RE DOING SOMETHING AND IT'S YOUR NEIGHBOR. ALL RIGHT. THAT'S NOT A C. I JUST SAID I WASN'T GOING TO TELL YOU. I CAN'T TELL YOU WHAT A CONFLICT OF INTEREST IS, BUT GENERALLY SPEAKING, IF YOU LOOK AT THE RULES, IT'S A IT'S NOT JUST BECAUSE YOU'RE WITHIN THE NOTIFICATION ZONE OR IT'S IN YOUR NEIGHBORHOOD, OKAY, THAT NOW IF IT'S, HEY, THIS GUY WANTS TO BUILD A DECK AND HE CAN'T, AND YOU HAPPEN TO OWN A DECKING COMPANY, THAT MIGHT BE UP FOR, YOU KNOW, OR IS UP FOR THAT, THEN YOU KNOW, NOW YOU MIGHT HAVE A YOU MIGHT HAVE A CONFLICT OF INTEREST. DOES EVERYBODY UNDERSTAND KIND OF THE DIFFERENCE THERE ABOUT WHAT IS AND WHAT ISN'T? OKAY. AGAIN, YOU HAVE TO MAKE UP YOUR OWN MIND WHAT IS. BUT THAT'S THE GENERAL GUIDELINE. AND THAT IS I'M JASON HASKINS CASE. I THINK I'VE INTRODUCED MYSELF TO EVERYBODY. AND KEVIN MOLINA IS OUR SENIOR PLANNER. HE'S IN CHARGE OF THE DAY TO DAY STUFF AND CAN ANSWER YOUR QUESTIONS. AND THEN MISS FERNANDEZ, GABY IS OUR ADMINISTRATIVE ASSISTANT, AND SHE CAN ALSO ASSIST YOU. I KNOW I'M FROM ORIGINALLY FROM LAS VEGAS, SO I TALK REALLY, REALLY FAST. DOES ANYBODY HAVE ANY QUESTIONS? NO. ALL RIGHT, LET'S GET THIS MEETING STARTED. THANK YOU. JASON. THAT CONCLUDES OUR WORK SESSION. WE WILL MOVE ON TO OUR CONSENT AGENDA. WE HAVE ONE ITEM IN OUR CONSENT AGENDA. AND THAT IS TO APPROVE THE MINUTES FROM THE FEBRUARY 19TH, 2024 REGULAR MEETING. MR. CHAIR, WHERE ARE THE MINUTES AND WHAT WAS THE ITEM DISCUSSED? AND ARE WE VOTING ON THE MINUTES? SHOULD
[00:20:03]
BE IN YOUR MEETING PACKET. LET ME FIND THE PAGE. 19, SO YOU'LL LOOK YOU'LL FIND THE MINUTES ON PAGE 18 AND 19 OF YOUR PACKET. SO 17, 18 AND 19. OKAY YES, SIR. 17 IS JUST THE, JUST THE AGENDA ITEM AND THEN 18 AND 19 ARE THE ACTUAL MINUTES. SO ONCE YOU'VE HAD AN OPPORTUNITY TO LOOK AT THOSE, I WILL ENTERTAIN A MOTION AND A SECOND. AND I KNOW NONE OF Y'ALL WERE HERE, BUT YOU COULD STILL OBVIOUSLY JUST MAKE A MOTION AND A SECOND ON THE ITEMS. I MAKE A MOTION THAT WE APPROVE THE MARCH 18TH, 2020 FOUR MINUTES FROM THE REGULAR ZONING BOARD OF ADJUSTMENT MEETING. I SECOND THE MOTION. WE HAVE A MOTION AND A SECOND. AND NOW WE CAN START VOTING. ON THE MOTION PASSES. WE WILL NOW MOVE ON TO OUR REGULAR AGENDA, WE HAVE ONE ITEM IN OUR REGULAR AGENDA TODAY. WE WILL HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST FROM CRYSTAL THOMAS FOR A VARIANCE TO SECTION 2.5 C OF THE ZONING ORDINANCE. 2023 DASH 23 TO ALLOW FOR AN ACCESSORY STRUCTURE WITHIN A UTILITY EASEMENT, WITHIN THE SIDE SETBACK AND WITHIN THE SETBACK OF THE PROXIMITY TO THE MAIN STRUCTURE. THIS PROPERTY IS LOCATED AT 1725 PORTRACK LANE. YES. GOOD EVENING. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW FOR AN ACCESSORY STRUCTURE AT 1725 PORT TACK LANE. AND THE VARIANCE IS ACTUALLY THREE VARIANCES. TWO ARE FOR SETBACKS, AND ONE IS TO ALLOW IT WITHIN A UTILITY EASEMENT. THE FIRST SETBACKS, THE SIDE SETBACK. AND THEN THE SECOND SETBACK WOULD BE THE PROXIMITY SETBACK. IN BOTH CASES, IT'S APPROXIMATELY TWO FEET AWAY, THERE IS A CONCRETE SLAB THAT'S ADJACENT TO THE HOUSE. YOU CAN KIND OF SEE IT ON THE PICTURE THAT'S TURNED AROUN.SO A CONCERNS WITH MAINTENANCE OF THAT AREA AREN'T AS HIGH. AND THEN IT DOES APPEAR LIKE THERE IS ENOUGH WALKABLE SPACE HERE FOR A GRASS TRIMMER. SORRY, I WAS POINTING WITH THE LASER. DID YOU SAY THAT IT APPEARS TO HAVE ENOUGH OR DOES NOT HAVE IT DOES. YEAH, THAT'S ENOUGH FOR IT'S APPROXIMATELY 2 TO 3FT, SO THAT'S ENOUGH SPACE FOR MAINTENANCE. SO THREE FEET IS ACTUALLY THE SIDE SETBACK THAT'S ALLOWED FOR AN ACCESSORY STRUCTURE. BUT IN THIS CASE, SINCE IT'S ON THE SIDE OF THE PRIMARY HOME, AND BECAUSE IT'S SLIGHTLY UNDER THE THREE FEET, THAT'S WHY THE VARIANCE IS REALLY NEEDED. BUT THE UTILITY EASEMENT VARIANCE WAS THE ONE THAT WAS REALLY, SOMETHING THAT I TOLD THE APPLICANT THEY HAD TO FOCUS ON. THEY DID CONTACT 811 DIG, AND THEY VERIFIED THAT NO UTILITIES WERE WITHIN THAT EASEMENT, WITH THAT SAID, I ALSO WANTED TO PROVIDE SOME ADDITIONAL INFORMATION. THE PROPERTY USED TO HAVE AN ACCESSORY STRUCTURE THAT WAS ATTACHED, AND THE APPLICANT TORE IT DOWN TO BUILD THIS NEW STRUCTURE TO HAVE MORE STORAGE SPACE. SO THAT'S WHAT IT USED TO LOOK LIKE. AND THEN THE IMAGES.
CAN YOU GO BACK? WHICH ONE ARE WE LOOKING AT? IT WAS THIS ONE HERE IS TORN DOWN. YES. IT'S THIS ONE RIGHT HERE. AND THEN THIS IS A NEW STRUCTURE THAT THEY BUILT ONCE THEY TORE THE OTHER ONE DOWN. IT'S ROUGHLY THE SAME SQUARE FOOTAGE EXCEPT FOR THIS IS TWO STORY. SO THAT'S WHAT ALLOWS FOR THEM TO HAVE MORE STORAGE SPACE. WE DID MAIL OUT 33 NOTICES WITHIN THE 200 FOOT DISTANCE REQUIREMENT. WE RECEIVED FIVE IN FAVOR AND THEN FOUR WERE RECEIVED IN OPPOSITIO.
[00:25:06]
AND THIS MAP SHOWS WHERE THE THOSE IN FAVOR AND AGAINST WERE LOCATED. AND YOUR PACKET ALSO INCLUDES THE COMMENT FORMS. SOME OF THEM DID MENTION WHY THEY WERE IN FAVOR OR OPPOSED. SO YOU COULD LOOK AT YOUR PACKET FOR THAT, AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AS WELL. THE STRUCTURE ITSELF, THE BUILDING DEPARTMENTS TALK TO THE, THE PROPERTY OWNER.AND THEY'VE MADE SURE THAT THEY HAVE NONCOMBUSTIBLE MATERIALS. SO THEY HAVE BRICK AND HARDBOARD CEMENT SIDING. SO THE FIRE CONCERNS AREN'T REALLY THERE. IT'S MOSTLY JUST THE SETBACKS IN THAT UTILITY EASEMENT. THANK YO. KEVIN, COULD YOU CLARIFY? I'M LOOKING AT THE I'M LOOKING AT PAGE 20 WHERE YOU HAVE OR SOMEONE HAS LISTED THOSE THREE ITEMS. SO THE THIRD 1811 DIG HAS BEEN CONTACTED. THE NO UTILITIES IN THE AREA CORRECT? CORRECT. OKAY. THE SECOND ITEM, THE NONCOMBUSTIBLE MATERIALS. NOT AN ISSUE BECAUSE OF THE USE OF HARDIE BOARDS AND BRICK. AND THE, IS THAT GOING TO BE ON THE STRUCTURE THAT SEEKS TO BE ADDED, OR IS IT IN THE HOUSE WHERE WE HAVE THE NONCOMBUSTIBLE? THERE'S A REQUIREMENT TO HAVE NONCOMBUSTIBLE MATERIAL. THIS IS FOR THE ACCESSORY STRUCTURE THAT THEY'RE BUILDING. SO THE ACCESSORY STRUCTURE IS GOING TO HAVE NONCOMBUSTIBLE MATERIALS SUCH AS HARDIE BOARD. YES, HARDIE BOARD AND CEMENT SIDING OKAY. SO THAT LEAVES THE ONLY ISSUE THEN IS THE SETBACK. YOU SAID THAT THE PICTURE YOU SHOWED US, THERE IS A WHAT IS THE ORDINANCE REQUIRE IN TERMS OF PROPERTY SET SETBACK FROM THE PROPERTY LINE. IT'S FIVE FEET, FIVE FEET FROM THE FROM THE MAIN STRUCTURE, FROM THE SIDE. IT'S ACTUALLY SIX FEET IN THIS CASE IS WHAT IT WOULD BE. AND THIS THIS STRUCTURE THEY'RE SEEKING TO ADD IS GOING TO HAVE 2 TO 3FT DISTANCE TO THE PROPERTY LINE TO THE FENCE THAT WE SAW. CORRECT OKAY. OKAY. THANK YOU. THANK YOU KEVIN. AT THIS TIME I WILL ASK THE APPLICANT TO MAKE ANY REMARKS. IF THEY WOULD LIKE TO SPEAK ON BEHALF OF THIS, VARIANCE REQUEST. OKAY WELL, AS HE SAID, WOULD YOU PLEASE STATE YOUR NAME AND YOUR ADDRESS, PLEASE? OKAY. MY NAME IS CRYSTAL THOMAS. AND WHAT'S THE SECOND PART YOU TOLD ME TO SAY MY NAME.
AND WHAT ELSE? AND YOUR ADDRESS AND YOUR ADDRESS. OH, AND MY ADDRESS IS 1725 PORT TACK LANE IN WYLIE, TEXAS 75098. OKAY, AS WAS STATED EARLIER, WE DID HAVE A SHED THERE PREVIOUSLY.
HOWEVER, TO SAVE ROOM, WE HAD THAT SHED. IT WAS ATTACHED TO THE HOUSE AT THAT TIME. SO, WITH THE WEATHERING AND EVERYTHING, WE DECIDED THAT WE WOULD BUILD A BETTER SHED THAT WAS NOT ATTACHED TO THE HOUSE, BECAUSE IF YOU ALSO SEE, BECAUSE ONE OF THE QUESTIONS WE DID HAVE, THE HARDIE BOARD SIDING ATTACHED TO OUR HOUSE AS WELL. WE GOT NEW SIDING. SO FOR THE HOUSE ON THE OUTSIDE, WE GOT NEW SIDING ON THE OUTSIDE. AND THEN WE WANTED TO BUILD A BETTER SHED ON THE OUTSIDE, BUT BECAUSE WE DIDN'T HAVE IT ATTACHED TO THE HOUSE AND WE SCOOTED IT OVER A LITTLE BIT MORE TO LEAVE THE SPACE ON BOTH SIDES, IT WAS GOING TO BE A MUCH SMALLER SHED, SO WE DECIDED TO BUILD UP AND BECAUSE WE COULDN'T BUILD IT WIDER. SO THAT WAS THE REASONING FOR US TO GO UP. IT'S ACTUALLY ALMOST THE SAME SIZE. MAYBE A LITTLE BIT BIGGER, THAN WHAT WE HAD. BUT, ALSO THAT FIRST SHED THAT WE HAD BUILT WAS BUILT, SOMEWHERE IN THE EARLY 2000S, WE'VE BEEN IN THE HOUSE ALMOST 24 YEARS. AND, YOU KNOW, WE'RE ALMOST BUSTING AT THE SEAMS AT THIS POINT. WE HAVE, I MEAN, EVERY ROOM IS FULL. WE JUST HAVE A LOT OF STUFF, AND EVERYTHING'S MY FAVORITE. SO, THAT'S WHY WE DECIDED TO BUILD UP SO THAT WE COULD KEEP A FEW MORE OF OUR THINGS. AND ON THE SIDE OF OUR HOUSE, ON THAT PARTICULAR SIDE, IT'S KIND OF THE REASON WE
[00:30:09]
WANTED IT THERE STILL. NOT ONLY BECAUSE WE HAD ONE THERE BEFORE, BUT ON THAT SIDE OF OUR PROPERTY, THERE'S NO WINDOWS, THERE'S NOTHING ELSE. IT'S JUST IT'S A, WE HAVE A LARGE BACKYARD, BUT IT'S JUST LIKE SOME DEAD SPACE RIGHT THERE. SO WITH NO WINDOWS THERE, WE DECIDED THAT WE WOULD CONTINUE. WE WANTED TO CONTINUE TO BUILD THE SHED, THERE, AS FAR AS, AN EASEMENT AND CALLING 811, ALL OF THAT INFORMATION WAS NEW TO ME. I I DIDN'T EVEN PRIOR TO THIS. I DIDN'T KNOW WHAT A VARIANCE WAS. I DIDN'T KNOW WHAT AN EASEMENT WAS, SO I DID HAVE TO DO A LITTLE BIT OF RESEARCH ON THAT, BUT I HAD NO IDEA WHAT IT WAS PRIOR TO THIS MEETING. ANYTHING ELSE? OKAY. THANK YOU SO MUCH. THAT'S IT. ANYTHING ELSE? I THINK THAT'S IT. OKAY. THANK YOU SO MUCH FOR YOUR COMMENTS, I APPRECIATE IT. WE WILL NOW MOVE INTO A PUBLIC HEARING AND WE WILL INVITE ANYBODY HERE THAT WANTS TO MAKE A COMMENT ON THIS CASE TO COME TO THE PODIUM, SEEING THAT THERE IS NONE, WE WILL MOVE TO BOARD DISCUSSION, MR. CHAIR, DO WE HAVE PEOPLE IN LINE THAT THAT VIEW THE MEETING THAT CAN CALL INTO THE MEETINGS? DO WE HAVE THAT PROVISION? NO, NO, OUR MEETINGS ARE IN PERSON, SO WE HAVE THE WRITTEN, POST THAT THEY CAN THEY CAN, SEND IN.OKAY, TO PROVIDE YOU WITH THEIR OPINION ON THAT. AND THEN OTHERWISE THEY NEED TO BE HERE PHYSICALLY AT THE MEETING. I HAVE ONE QUESTION FOR STAFF. THE UTILITY EASEMENT, WHO'S THE HOLDER OF THAT EASEMENT? THE FIVE FOOT UTILITY EASEMENT THAT'S IN THE PROPERTY. WHAT WAS THE QUESTION? THE FIVE FOOT UTILITY EASEMENT AND THE PROPERTY WHICH THE SHED HAS BEEN BUILT OVER. WHO OWNS THAT? WHAT COMPANY? IT'S JUST A UTILITY EASEMENT FOR LIKE FRANCHISE UTILITIES. RIGHT. SO IT'S REQUIRED WHENEVER THE PLAT WAS SUBMITTED. AND I MEAN, IS IT A PROPERTY OWNER STILL OWNS THE PROPERTY. CORRECT. THAT UTILITY EASEMENT JUST GIVES THE UTILITIES THE ABILITY TO CORRECT TO USE THAT IF THEY NEED TO. RIGHT, AS FAR AS WHO'S IN THERE, LIKE KEVIN SAID, BE FRANCHISE, WHICH, YOU KNOW, COULD BE A CABLE, IT COULD BE A, TELEPHONE, YOU KNOW, WHICH ISN'T AS MUCH ANYMORE, BUT MOST OF THE TIME IT'S CABLE AND INTERNET NOW.
OKAY. ALL RIGHT. IS THERE ANY BOARD DISCUSSION ON THE VARIANCE THAT HAS BEEN REQUESTED? I THINK SINCE THE, I'M LOOKING AT PAGE 20. YEAH. ON PAGE 20, THE THREE ISSUES THAT ARE RAISED BY THIS, STRUCTURE BEING BUILT WHERE IT IS, IT SEEMS TO ME THE ONLY ISSUE AT HAND NOW REMAINS THE NEED FOR THE 2 TO 3 FOOT CLEARANCE FROM THE PROPERTY LINE, IT'S GOOD THAT THERE'S NO UTILITY EASEMENT THERE. THAT 811 HAS BEEN CALLED. THERE'S GOING TO BE THE NONCOMBUSTIBLE MATERIAL USED FOR SIDING. AND, I BELIEVE I SAW SOMEWHERE WHILE THERE'S A REQUIREMENT FOR A SIX FOOT SETBACK, STAFF SEEM TO BE OKAY WITH. THE THREE FOOT SETBACK FROM THE PROPERTY LINE.
SO, SOME I'M GOOD WITH THE REQUEST, BUT. ANY OTHER COMMENTS OR DISCUSSION? FOR WHAT? I'M UNDERSTANDING, THE THERE WAS A FIVE FOOT IN BETWEEN THE HOUSE AND THE PROPERTY LINE. CORRECT.
AND IT'S JUST BEEN SHORTENED BECAUSE THEY SHIFTED THE STRUCTURE OVER FROM THE HOUSE.
SO IF WE WERE TO ADD UP THE SPACE BETWEEN THE HOUSE AND THE STRUCTURE AND THE SPACE BETWEEN THE STRUCTURE AND THE PROPERTY LINE, DOES THAT STILL MAKE UP FOR THE IT'S THE SAME BEFORE.
IT'D BE THE SAME AS BEFORE. AND THE ONLY OTHER DIFFERENCE WE'RE LOOKING AT BESIDES THAT, BECAUSE IT'S NOT GOING OVER THE PROPERTY LINE, IT'S STILL ON THEIR PROPERTY. CORRECT. AND WE HAVE NEIGHBORS WHO ARE IN AGREEMENT TO IT. AND THE ONLY DIFFERENCE IS WE WENT UP INSTEAD OF BEING MORE TO KEEP SOME TYPE OF SPACE, WE JUST WENT UP A LITTLE BIT MORE, WHICH IS THE SAME AS THE HOUSE. IT'S NOT. AND IT'S STILL NOT OVER, RIGHT? JUST WENT UP AND IT'S NOT GOING OVER THE
[00:35:04]
LIMIT. THE ORDINANCE AS FAR AS THE 15FT IS, WHAT, 14? I THINK I SAW. RIGHT. 15 IS THE MAX AND THIS IS RIGHT UNDER IT. SO OKAY, I HAVE NO OTHER OKAY. JUST WANTED TO CLEAR THAT UP. THANK YOU. THERE'S NO OTHER DISCUSSION. I WILL ENTERTAIN A MOTION. MR. CHAIR, I ASSUME THE MOTION IS MOTION TO APPROVE THE VARIANCE AS REQUESTED BY THE APPLICANT. THAT'S TRUE. OKAY, THAT'S THE MOTION YOU'RE MAKING. YOU ABSOLUTELY CAN DO THAT. OKAY, OKAY, I MAKE A MOTION, THEN THAT. A MOTION TO APPROVE THE VARIANCE TO SECTION 2.5. C OF THE ZONING ORDINANCE 2023 DASH 23 TO ALLOW FOR AN ACCESSORY STRUCTURE WITHIN THE UTILITY EASEMENT WITHIN THE SITE SETBACK AND WITH AND WITHIN THE SETBACK OF THE PROXIMITY TO THE MAIN STRUCTURE AS IS PRESENTED IN THE, MATTER BEFORE US THIS EVENING. WE HAVE A MOTION. DO WE HAVE A SECOND? I SECOND? ALL RIGHT. WE CAN MOVE TO A VOTE. THIS MOTION PASSES. CONGRATULATIONS WE ARE AT THE END OF OUR, PUBLIC HEARING. AND I THINK THE ONLY ITEM LEFT ON OUR AGENDA IS FOR, ADJOURNMENT.SO I WILL ENTERTAIN A MOTION TO ADJOURN. SECOND. DID YOU MAKE A MOTION? NO. I NEED A MOTION FIRST. THEN WE'LL HAVE A SECOND. MAKE A MOTION THAT THE ZONING BOARD OF ADJUSTMENT MEETING BE ADJOURNED. SINCE THERE'S NO MORE MATTERS BEFORE US. I SECOND THE MOTION.
THAT PASSES AND WE ARE ADJOURNED
* This transcript was compiled from uncorrected Closed Captioning.