[Zoning Board of Adjustment on November 17, 2025.]
[00:00:09]
6:00. I WILL CALL TO ORDER THE ZONING BOARD OF ADJUSTMENTS. REGULAR MEETING FOR NOVEMBER.
TODAY IS NOVEMBER 17TH. WELCOME. WE ARE GLAD THAT YOU ARE HERE. ARE ANY CITIZENS PRESENT THAT WOULD LIKE TO ADDRESS THE BOARD ON ANY NON AGENDA ITEMS? GREAT. SEEING THAT THERE ARE NONE, WE WILL GO AHEAD AND MOVE TO OUR CONSENT AGENDA. AND THIS EVENING WE HAVE ONE ITEM FOR CONSENT AGENDA AND THAT IS TO APPROVE THE MINUTES FROM LAST MONTH'S MEETING. MR. CHAIR, MAKE A MOTION TO APPROVE THE MINUTES AS PRESENTED. VERY GOOD. WE HAVE A MOTION. DO WE HAVE A SECOND? YES, SECOND. VERY GOOD. WE HAVE A MOTION, A SECOND. PLEASE CAST YOUR VOTE.
YEAH. THERE YOU GO. IT'S AN. IT CAN BE FLAKY. YES. VERY GOOD. THAT MOTION CARRIES. NOW WE WILL GO AHEAD AND MOVE ON TO OUR REGULAR AGENDA. WE HAVE ONE ITEM ON OUR REGULAR AGENDA THIS EVENING I BELIEVE, AND THAT IS TO HOLD THE PUBLIC HEARING TO CONSIDER AND ACT UPON A REQUEST BY ALIDA MURILLO FOR A VARIANCE TO SECTION 2.5. C, 0.4 AND 2.5.
C 0.5 OF THE ZONING ORDINANCE TO ALLOW FOR AN ACCESSORY STRUCTURE WITHIN ONE FOOT SIDE AND REAR. SETBACKS. SETBACKS. EXCUSE ME. IN LIEU OF THE REQUIRED THREE FEET. PROPERTY IS LOCATED AT 3001 ADMIRAL DRIVE, ZBA 20 2515. MR. MOLINA. YES? GOOD EVENING. THE APPLICANT IS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 3001 ADMIRAL DRIVE TO ALLOW FOR AN EXISTING ACCESSORY STRUCTURE TO BE AT SETBACKS OF ONE FOOT FOR THE SIDE AND THE REAR IN LIEU OF THE THREE FEET THAT'S REQUIRED BY THE ZONING ORDINANCE. THE STRUCTURE THAT THEY BUILT IS 120FT■!S, AND SO IT'S 12 BY 20 R 12 BY TEN. AND THIS IS GENERALLY WHERE IT'S LOCATED. THE APPLICANT WAS IN THE PROCESS OF APPLYING FOR A PERMIT, SINCE THEY DIDN'T KNOW IT WAS REQUIRED AT THE TIME THAT THEY BUILT THE DEVELOPMENT AT PERMITTING IS WHEN THE PLANS EXAMINER LET THEM KNOW THAT IT NEEDED A VARIANCE FOR IT TO MOVE FORWARD WITH APPROVALS OF THE PERMITS. WE DID MAIL THE VARIANCE REQUEST TO 37 PROPERTY OWNERS. TWO OF THE PROPERTY OWNERS WERE IN FAVOR, AND WE DID RECEIVE ONE THAT WAS AGAINST. BUT FROM THAT ONE THAT WAS AGAINST, IT WAS THREE NOTICES. SO I PASSED OUT THE NOTICES. AND I DON'T KNOW IF ALL OF Y'ALL HAD A CHANCE TO READ THEM. I DID RECEIVE ADDITIONAL PICTURES FROM THE APPLICANT SHOWING WHAT'S INSIDE OF THE SHED. ESSENTIALLY, IT'S FOR HOLIDAY STORAGE FOR LIKE, CHRISTMAS. THINGS OF THAT SORT. AND THAT'S FROM THEIR BACKYARD.
AND THE APPLICANTS HERE, IF I'M NOT SURE IF THEY WANT TO SPEAK, BUT I'LL BE HAPPY TO ANSWER ANY QUESTIONS AS WELL. HEY, YOU WANT TO ASK YOU SOME QUESTIONS? MY UNDERSTANDING IS THE MATTER BEFORE US. THE APPLICANT IS ASKING FOR VARIANCE IN TERMS OF THE SETBACK FROM THE FENCE, NOT IN THE TERMS OF THE HEIGHT. IS THAT CORRECT? THAT IS CORRECT. OKAY. IS IT YOUR UNDERSTANDING THAT THE. THE PROPERTY OWNERS THAT THE LAW REQUIRES TO BE NOTIFIED ABOUT THIS? THOSE THAT HAVE SAID NO, IS IT THAT THEY'RE SAYING IT'S A SORE I THE WAY IT IS RIGHT NOW, THE THE EXISTING STRUCTURE IS A SORE RIGHT TO THE NEIGHBORHOOD. THAT BASED ON THE LETTERS THAT THEY SUBMITTED, THAT'S WHAT THEY'RE STATING. YES. OKAY. AND SO IS IT YOUR UNDERSTANDING THE SORE RIGHT THEN IS THE HEIGHT BECAUSE IT'S SO TALL. BUT WE THE CITY HAS NOTHING TO DO WITH THE HEIGHT. IT'S NOT A REQUEST FOR HEIGHT VARIATION BECAUSE IT MEETS, I THINK, HOA STANDARDS AND CITY STANDARDS. IS THAT CORRECT? MY, BASED ON WHAT I LEARNED TODAY, BECAUSE I SPOKE TO SOME OF THE PROPERTY OWNERS HERE, THE BYLAWS OF THE HOA APPEAR TO BE MORE STRICT THAN THE CITY STANDARDS, SO THE CITY HAS A REQUIREMENT OF 15FT. I BELIEVE IT'S EIGHT FEET FOR THE
[00:05:01]
HOA, BUT THE CITY DOESN'T ENFORCE THAT. SO THAT'S BETWEEN THE PROPERTY OWNER AND THE HOA.YEAH. OKAY. SO IN TERMS OF CITY REGULATIONS AND CITY ORDINANCES, THIS STRUCTURE IN TERMS OF THE HEIGHT DOES NOT VIOLATE ANY OF THE CITY'S RULES. CORRECT? OKAY. AND WE ARE WE HAVE NO JURISDICTION OR ANY CONCERNS OVER THE HOA REGULATIONS, WHICH IS ONLY AN EIGHT FOOT STRUCTURE THAT'S ALLOWED. YEAH, THAT'S NONE OF OUR CONCERN. OKAY. ALL RIGHT. SO BEFORE US TONIGHT IS SIMPLY A VARIANCE IN TERMS OF IT SHOULD BE 36IN SET BACK FROM THE FENCE. BUT ACCORDING TO THIS IT'S ACTUALLY ONLY ONE FOOT SETBACK. CORRECT. AND THAT ONE FOOT WAS CALCULATED ALSO BASED ON THE ROOF OVERHANG. BECAUSE FROM THE WALL IT'S ACTUALLY LESS DISTANCE, BUT BECAUSE OF THE ROOF OVERHANG THAT THAT'S WHY WE ADDED THE ONE FOOT. OKAY, OKAY. THANK YOU.
SO, MR. MOLINA, THEN FOR THE BASE OF THE ACTUAL STRUCTURE, NOT INCLUDING THE ROOF OVERHANG, ARE WE TALKING ABOUT IF IT'S A THREE FOOT REQUIREMENT, ARE WE TALKING ABOUT THAT'S JUST TWO FEET OR ONE? YOU UNDERSTAND MY QUESTION YOU'RE ASKING FROM THE WALL. YEAH. HOW FAR AWAY IS.
YOU KNOW. NO, IT. YEAH. IT DOESN'T MATTER. WHAT MATTERS IS THE OVERHANG. YEAH. RIGHT. THE ROOF OVERHANG IS WHAT MATTERS. YOU. THE ROOF DOES NOT GO. KEVIN. LET ME SHARE. UNDERSTAND? THE ROOF OVERHANG AS I'M LOOKING AT THIS. YEAH, RIGHT. THE ROOF OVERHANG. AM I CORRECT THAT IT DOES NOT HANG OVER THE FENCE OF THE OTHER PROPERTY OWNER? YES. THAT'S CORRECT.
OKAY. ALL RIGHT. IT DOESN'T OVERHEAT. OKAY. ALL RIGHT. AND SO THE ONE FOOT THAT WE'RE TALKING ABOUT IS FROM THE ROOF OVERHANG. IT'S ONE FOOT FROM THAT FENCE. IT SHOULD HAVE BEEN AT LEAST 36IN. CORRECT. OKAY. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS FOR MR. MOLINA? OKAY.
OKAY. I BELIEVE THE APPLICANT IS PRESENT WITH THE APPLICANT. LIKE TO ADDRESS THE BOARD ON THIS REQUEST. OKAY, THEN PLEASE COME FORWARD AND STATE YOUR NAME, AND THEN YOU MAY SHARE YOUR REMARKS. GOOD AFTERNOON. MY NAME IS ALIDA MURILLO. AND YES. SO THIS WAS A PRESENT FROM MY HUSBAND. HE BUILT THIS STORAGE UNIT FOR ME NOT ONLY BECAUSE I NEEDED ONE, BUT ALSO BECAUSE I WAS PAYING TOO MUCH STORAGE SOMEWHERE ELSE. AND SO AT THAT TIME THAT WE BUILT IT A YEAR AGO, OUR NEIGHBOR NEXT DOOR HAD ALREADY BUILT ONE TWO YEARS PRIOR. AND HERS IS THE SAME HEIGHT, SAME WIDTH. BUT SHE DOES HAVE THREE FEET FROM THE FENCE. WE DID NOT KNOW OF THAT RULE, AND I'M NOT HERE TO SAY THAT I SHOULD BE EXCUSED BECAUSE OF IGNORANCE. I DON'T THINK THAT SHOULD BE A THING. BUT HOWEVER, WE WANTED TO BUILD SOMETHING THAT MATCHED OUR HOUSE IN THAT ALSO, IT WAS I APPEALING IN NICE IN THE NEIGHBORHOOD INSTEAD OF SOMETHING JUST BOUGHT AT A HOME DEPOT. AND SO ANYWAY, THAT'S WHY THE STRUCTURE LOOKS, IN MY OPINION, CUTE, NICE AND BUT AS YOU SAW IT INSIDE, IT'S BUILT VERY NICE IN A WAY THAT I CAN STORE ALL MY STUFF. I DON'T FEEL LIKE I'M INVADING MY NEIGHBORS IN ANY WAY, BECAUSE EVEN THOUGH WE DON'T HAVE THAT THREE FEET, WE ARE ONE FOOT FROM THE FENCE. SO IN OUR NEXT STEP IS TO PUT ALSO. GUTTERS, BECAUSE WE HAVEN'T DONE THAT BECAUSE OF ALL THIS THAT IS HAPPENING THAT WE WERE NOT AWARE OF. SO. SO YOU PLAN TO PUT GUTTERS ON THAT ROOF LINE? YES. WE ARE PLANNING TO PUT THE GUTTERS SO THAT ALSO THAT WILL NOT AFFECT OUR NEIGHBORS. BOTH SIDES. OKAY. LET ME SEE. YOUR NAME IS ALIDA ALIDA MURILLO. THERE WE GO. OKAY. HAVE YOU
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ALREADY INTERACTED WITH YOUR WITH THE CREEK HOME CREEK? SAGE CREEK HOMEOWNERS ASSOCIATION.THAT IS CORRECT, SIR. WE WENT TO A BOARD MEETING WHERE WE PRESENTED OUR CASE. AND AT THAT TIME, THEY TOLD US THAT WE NEEDED TO HAVE THE PERMITS FIRST. SO FROM THE CITY, WHICH AT THE TIME, AGAIN, WE WERE NOT AWARE. SO THAT'S WHEN WE STARTED THAT PROCESS AND WE ASKED FOR THE PERMITS. AND THEN WE WERE TOLD, OH NO, NOW YOU NEED ACTUALLY A ZONING PERMIT.
SO OUR PLAN IS NOW THAT IF WE ARE CONSIDERED AND APPROVED BY BY YOU ALL THAT WE CAN GO NOW, GO BACK TO THEM AND SAY, OKAY, THIS IS WHAT WE'VE DONE SO FAR. HOW CAN WE THEN GET APPROVED BY THE HOMEOWNER'S ASSOCIATION? WHEN WE WENT TO THE BOARD MEETING TO THE HOMEOWNERS, WE TALKED TO THE COMMITTEE AND THEY SAY THEY USUALLY DON'T, YOU KNOW, ARE NOT GOING TO TAKE IT DOWN. NOW THAT WE SPEND SO MUCH MONEY IN IT, BUT THAT WE WERE PROBABLY GOING TO HAVE TO PAY SOME FEES FOR NOT IN WHICH WE HAVE ALREADY PAID QUITE A FEW FEES. WHAT IS YOUR UNDERSTANDING AS REGARDS TO THE OBJECTIONS THE SURROUNDING HOMEOWNERS HAVE TO THE STRUCTURE? WHAT IS YOUR UNDERSTANDING OF THEIR OBJECTIONS? THEY ARE OBJECTING THE HEIGHT TO THE HEIGHT. NOW, YOU DO UNDERSTAND THAT TONIGHT THAT THIS BODY. WE ARE NOT HERE TO CONSIDER A HEIGHT VARIANCE, CORRECT? CORRECT. OKAY. CORRECT. BECAUSE IT'S MY UNDERSTANDING THAT AS FAR AS THE CITY REGULATIONS, WHICH WE LEARN LATER, WE'RE NOT IN VIOLATION IN VIOLATION OF THAT. OKAY. AND SO MY UNDERSTANDING IS WITH THE HOMEOWNERS THAT WE'RE TWO FEET HIGHER THAN WHAT THEY REQUIRE. OKAY. AND YOU DO UNDERSTAND DEPENDING ON WHAT DECISION THE BOARD MAKES TONIGHT, WHICH WE'LL KNOW SOON, THEN YOU GO BACK TO THE HOA TO DEAL WITH THE HEIGHT VARIANCE HEIGHT. CORRECT? THAT'S CORRECT SIR. YES. AND THAT'S WHY WE HAVEN'T PROCEEDED WITH THE GUTTERS INSTALLATION UNTIL WE GET CLEARED BY YOU. AND THEN WE CAN MOVE ON TO THE HOMEOWNERS ASSOCIATION. I'M CURIOUS, HOW LONG IS THIS STRUCTURE BEEN THERE? SINCE SEPTEMBER OF LAST YEAR. OKAY. THANK YOU MA'AM. MRS. MURILLO, WHEN YOU PUT THE GUTTERS ON THAT ROOF, IS IT PITCHED ONE WAY OR ANOTHER SO THAT THE GUTTERS BE ON BOTH SIDES, OR WILL THEY ONLY BE ON ONE SIDE? IT WILL BE ALL. ALL AROUND. ALL AROUND. OKAY. ALL AROUND. THANK YOU. ANY OTHER QUESTIONS FOR MISS MURILLO? THANK YOU SO MUCH FOR YOUR TIME.
THANK YOU FOR YOUR TIME, I APPRECIATE IT. THANK YOU, MR. MOLINA. YEAH. WE ARE NOW GOING TO GO AHEAD AND OPEN A PUBLIC HEARING ON THIS AGENDA ITEM. ARE THERE ANY CITIZENS PRESENT THAT WOULD LIKE TO ADDRESS THE BOARD CONCERNING THIS AGENDA ITEM? PLEASE COME FORWARD.
STATE YOUR NAME, SIR. ABSOLUTELY. OKAY. WHAT'S THE PROCESS? YEP. NORMALLY GIVEN TO.
MY NAME IS THOMAS BRIGGS. I'M A RESIDENT OF 3006 KINGSBROOK DRIVE. AND I HAVE A LITTLE SET OF NOTES. SO WE HAVE BEEN RESIDENTS AT SAGE CREEK SINCE 2008, AND WE'VE ALWAYS TRIED TO ABIDE BY OUR HOMEOWNER ASSOCIATIONS, RULES AND REGULATIONS. IN SEPTEMBER OCTOBER OF LAST YEAR, OUR NEIGHBORS BEGAN ERECTING THE STRUCTURE, AND IT WAS AROUND THAT TIME THAT WE REACHED OUT TO OUR HOA THAT WE FELT THAT THE HEIGHT AND WIDTH AND JUST OVERALL NATURE OF THIS STRUCTURE VIOLATED OUR HOA RULES, RIGHT? ACCORDING TO THE SAGE CREEK, ACC, STORAGE SHEDS NEED TO BE NO TALLER THAN EIGHT FEET IN HEIGHT. THE ROOF MUST BE COMPOSITE SHINGLES MATCHING THE ROOF OF YOUR HOME. THE SIDING MUST BE PAINTED TO MATCH THE SIDING OF YOUR HOME. THE SHED MUST BE ATTACHED IN A MANNER THAT MEETS THE CITY BUILDING CODES, AND THE SHED CANNOT BE VISIBLE FROM THE STREET OR ANY COMMON AREA.
ADDITIONALLY CAN BE NO LARGER THAN 80FT■!S, WHICH I BELIEVE WE IDENTIFIED AS IT BEING LARGER THAN 80FT■!S. NOW. IT VIOLATES JUST ABOUT EVERY ONE OF THOSE CONDITIONS, AND WE'VE TRIED REACHING OUT NOW TO OUR HOMEOWNERS ASSOCIATION FOR MANY TIMES, MULTIPLE POINTS THROUGHOUT THE PAST YEAR TO TRY TO GET SOME KIND OF ADDRESS WITH IT BEFORE IT GOT ANY FURTHER OUT OF HAND. OVERALL, WE DO FEEL LIKE IT'S AN EYESORE. IT'S A VERY BRIGHT WHITE COLOR DURING THE DAY. IT GLARES WHEN WE TRY TO GO OUT WITH OUR DOGS. YOU KNOW, IT JUST MAKES BEING OUT IN OUR BACKYARD A BIT MORE UNPLEASANT, RIGHT? WE'RE OUTSIDE WITH OUR DOGS A LOT. WE GOT BORDER COLLIES. THEY RUN A WHOLE LOT, RIGHT? SO WE SPENT A LOT OF TIME OUTSIDE. AND
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OVERALL IT'S JUST KIND OF NOT ENJOYABLE TO LOOK AT. A MEMBER OF OUR HOMEOWNERS ASSOCIATION, JACOB OATES, WHO'S ALSO A REALTOR, SAID THAT THE STRUCTURE COULD NEGATIVELY AFFECT THE STABILITY OF OUR HOME. SO WE CHOOSE TO SELL IT IN THE FUTURE. AND HE ALSO REFERRED TO THIS AS A BUILDING AND NOT A SHED. IN CONCLUSION, WE BRINGING ALL THIS FORWARD NOT TO CAUSE ANY KIND OF CONFLICTS, BUT JUST BECAUSE WE WANTED TO MAINTAIN THE QUALITY AND CONSISTENCY OF OUR RULES AND REGULATIONS THAT WE'VE ALL LIVED BY FOR THE PAST, WHAT, EIGHT, 15 PLUS YEARS? SO THAT'S WHERE WE ARE WITH THAT. OKAY, GOOD. OKAY. SO THANK YOU SO MUCH FOR YOUR TIME. APPRECIATE YOU. ARE THERE ANY. YEAH. YEP. THOMAS BRIGGS. THOMAS. BRIGGS.BRIGGS. OKAY. SO, MR. BRIGGS, YOU MENTIONED A LOT OF THE REGULATIONS THERE. THE HOA RULES, ONE OF WHICH, AND GOES TO THE HEART OF YOUR CONCERN IS THAT THE STRUCTURE IS SO TALL OVER THE FENCE. THAT'S AN EYESORE. AM I PARAPHRASING THAT? OKAY, THIS STRUCTURE, IF THIS STRUCTURE AND WHAT IS THE HOA RULES IN TERMS OF THE HEIGHT NO HIGHER THAN EIGHT FEET, EIGHT FEET. OKAY. IF THIS WERE SEVEN FOOT, EIGHT FOOT STRUCTURE, WOULD IT STILL BE AN EYESORE TO YOU? I AT THAT POINT I NO. OKAY. SO THAT THE EYESORE HERE IS THE ISSUE OF THE HEIGHT OF THE STRUCTURE. I MEAN THE HEIGHT, THE COLOR, IT DOESN'T MATCH THE BUILDING COLORS. LIKE I SAID, WE GET A REALLY BAD GLARE ON OUR SIDE. OKAY. AND AGAIN, LIKE YOU SAID, IT'S THE OVERHANG IS ONE FOOT FROM OUR FENCE. AND I'M CONCERNED THAT IF WE INSTALL GUTTERS, WHAT I MEAN, I KNOW WHAT DIRECTION IT'S GOING TO BE. RIGHT? BUT IF THAT'S GOING TO COME OVER, THAT MIGHT LAND OUR DOGS, THAT MIGHT LAND OUR, YOU KNOW, OUR YARD. OKAY, I'M NOT EXACTLY CERTAIN BECAUSE I KNOW THEIR STRUCTURE. IT STARTS FORWARD AND SLOPES BACKWARDS. SO SO WOULD I BE CORRECT THEN IN SAYING THAT THE ISSUES THAT YOU'RE PRIMARILY CONCERN ARE HOA HOA RULES? IN OTHER WORDS, YOU UNDERSTAND FROM STAFF THAT THIS STRUCTURE DOES NOT VIOLATE THE CITY'S HEIGHT REQUIREMENTS. AND AND SECONDLY, THERE ISN'T A CASE BEFORE US FOR VARIANCE IN TERMS OF THE HEIGHT. YOU DON'T UNDERSTAND THAT, RIGHT? CORRECT. OKAY. THE THE APPLICANT IS ASKING FOR A VARIANCE IN TERMS OF THE SETBACK FROM THE FENCE. RIGHT? CORRECT. AND YOUR CONCERN IS THAT IF THE TENANT I'M SORRY, TENANT, IF THE APPLICANT WERE TO THEN INSTALL THE GUTTER, YOU'RE CONCERNED WHERE WOULD THAT DRAIN IN TERMS OF YOUR PROPERTY. CORRECT.
RIGHT. YOU AGREE WITH ME THAT THAT'S A FUTURE CONCERN THAT NEEDS TO BE ADDRESSED WITH AGAIN BEFORE THE HOA IN TERMS OF OKAY. ALL RIGHT. OKAY. THAT'S ALL. THANK YOU SIR. ANY OTHER QUESTIONS. THANK YOU MR. BRIGGS. APPRECIATE YOU. ARE THERE ANY OTHER CITIZENS PRESENT THAT WOULD LIKE TO COMMENT AS WELL? SEEING THAT THERE ARE NONE, I WILL CLOSE THE PUBLIC HEARING AND WE CAN GO AHEAD AND MOVE TO SOME BOARD DISCUSSION. MR. CHAIR, I, I DON'T WANT TO BE UNMINDFUL OF THE CONCERNS BY SURROUNDING PROPERTY OWNERS. IN FACT, ONE OF THE NOTICES THERE MENTIONS IT BEING AN EYESORE. ANOTHER SURROUNDING PROPERTY OWNER, AND BY SURROUNDING WITHIN THE STATUTORY. OBLIGATION TERMS OF THE RIGHT TO BE NOTIFIED. THEIR CONCERN SEEMS TO BE ABOUT THE HEIGHT OF THE STRUCTURE AS OPPOSED TO, AND NOT TO MINIMIZE WHAT THE GENTLEMAN SAID. THE STRUCTURE IS ABOUT A FOOT FROM THEIR PROPERTY, AND THE CONCERN WITH ONCE THEY PUT GUTTERS WHERE IT'S GOING TO DRAIN. BUT I THINK THE CASE BEFORE US TONIGHT IS SIMPLY ONE OF THE SETBACK FROM THE FENCE, NOT THE HEIGHT, WHICH MAKES IT A SORE.
AND THAT'S A HOA ISSUE, WHICH IS NOT BEFORE US TONIGHT, A HEIGHT VARIANCE, NOT BEFORE US TONIGHT. SIMPLY A SETBACK FROM THE PROPERTY LINE. OKAY. SO I WANT TO MAKE SURE I UNDERSTAND THE ISSUES BEFORE THE BOARD. ANY OF THE THOUGHTS QUESTIONS. SO, MR. CHAIR, I WONDER, WOULD IT BE POSSIBLE FOR US TO ENGAGE IN A CONVERSATION ABOUT MODIFICATION? WE CERTAINLY CAN DO THAT TO THE STRUCTURE. SUCH THAT THE SETBACK FOR MEASURE TO THE ROOF COULD BE MET. MEETING CITY REQUIREMENTS. THEN HOA BOARDS COULD BE ADDRESSED AS ANOTHER MATTER. SO WE JUST SO I UNDERSTAND WHAT. SO AS AS A AN ALTERNATE SOLUTION AND APPROVAL OR DENIAL. BUT ROOF MODIFICATION TO MEET CITY SETBACK REQUIREMENTS. YOU COULD. YES. OKAY. IF I UNDERSTAND YOU
[00:20:05]
CORRECTLY, YOU'RE SAYING THAT YOU'RE WILLING TO CONSIDER LIKE HYPOTHETICALLY, IF THE BOARD WERE TO CONSIDER APPROVAL OF THE SETBACKS, THAT APPROVAL WOULD BE CONTINGENT ON THEM MEETING ALL THE OTHER HOA, THE HOA REQUIREMENTS. SO LIKE THE HEIGHT WOULD HAVE TO, YOU KNOW, MEET AND THAT SORT OF THING. IS THAT WHAT YOU'RE SAYING? WELL, THE HOA REQUIREMENTS ARE NOT ON THE TABLE FOR OUR REVIEW OR OUR CONSIDERATION AS I UNDERSTAND IT. THAT IS CORRECT. HOWEVER, THE BOARD DOES HAVE THE POWER THAT IF YOU WANT TO LEAVE IT AT ONE FOOT, YOU CAN HAVE THEM LOWER THE BUILDING, WHICH I DON'T KNOW WHAT YOU KNOW, THE INTRICACIES OF JUST MOVING THE BUILDING VERSUS, YOU KNOW, REDOING AN ENTIRE ROOF LINE AND ALL THAT OTHER STUFF GOES. BUT YOU DO HAVE THAT ABILITY TO SAY, YES, WE WOULD BE WILLING TO CONSIDER LEAVING IT AT THAT CERTAIN SETBACK, BUT LOWER THE, YOU KNOW, IN A WAY, IT COULDN'T BE ANY HIGHER THAN X NUMBER OF FEET, YOU KNOW, LOWER THE BUILDING AND MEET THE SETBACK. YOU CANNOT IF YOU'RE GOING TO SAY THEY NEED TO MEET THE SETBACK, THEN YOU WOULD DENY THE REQUEST. AND IT'S UP TO THE HOA BECAUSE THEY MEET EVERY OTHER CITY REQUIREMENT. GOTCHA. OKAY. THE ONLY WAY THAT YOU CAN NEGOTIATE IS IF YOU DECIDE TO GRANT THE VARIANCE IN SOME FORM OR FASHION. OKAY, OKAY. AND ONE THING I WOULD LIKE TO JUST POINT OUT THAT IF THE VARIANCE IS DENIED. THAT THE APPLICANT WOULD HAVE THE ABILITY TO ADD TO THE FOUNDATION BECAUSE THE CONCRETE BEING THERE IS NOT PART OF THE SETBACK. SO THERE'S NOT LIKE A COMPLETE LIKE REPOUR KIND OF THING GOING ON THERE. I JUST WANT TO THROW THAT OUT THERE SO EVERYBODY UNDERSTANDS THAT WHAT THE APPLICANT WOULD BE ABLE TO DO AS FAR AS THEIR CONSIDERATION THERE. YEAH, I APPRECIATE THAT. YOU KNOW, AS I'M LOOKING AT THIS, YOU KNOW, I AM SYMPATHETIC WITH THE WITH THE NEIGHBOR, ESPECIALLY IF THERE'S GOING TO BE GUTTERS AROUND THE ROOF LINE. I WOULD WANT TO MAKE SURE THAT THE DOWNSPOUTS ARE AWAY FROM THAT NEIGHBOR'S YARD. DOES THAT MAKE SENSE? LIKE THAT. ANY KIND OF DOWNSPOUTS OFF THAT GUTTER SYSTEM WOULD, WOULD HAVE TO FLOW INTO THE APPLICANT'S YARD AND AWAY FROM THE NEIGHBORS. AND SO, FOR WHAT IT'S WORTH, THERE, THAT'S ONE OF THE REASONS THAT WE HAVE THE THREE FOOT SETBACK. I MEAN, THERE'S JUST ONE OF MANY REASONS THAT WE HAVE A THREE FOOT SETBACK. YOU KNOW, THERE'S ALSO LIKE WEEDS, RODENTS, PESTS. YOU KNOW, ALL THE REASON YOU CAN'T. IT'S HARD TO GET BACK IN THERE TO ACTUALLY MAKE CONTROL ADJUSTMENTS FOR THOSE PARTICULAR THINGS. WHEN YOU'RE ONLY A FOOT AWAY FROM THE FENCE.THAT BEING SAID, THE GUTTERS IS A IF YOU FLOOD A NEIGHBOR'S THAT THAT IS A CIVIL ISSUE, NOT A CITY ISSUE. SO I MEAN, WHILE I YOU KNOW, MR. CHAIRMAN, I APPRECIATE YOUR CONCERNS.
THAT'S NOT SOMETHING THAT WE THAT'S OUT OF OUR JURISDICTION. YES, SIR. THANK YOU. CAN I ASK A QUESTION? BECAUSE ONE OF THE FELLOW BOARD MEMBERS TALKED ABOUT THE THE ROOF, THE HANGOVER, AND I KNOW THAT STAFF KEVIN MENTIONED THAT THE IT'S THE HANGOVER THAT IS THE LESS THAN 36IN FROM THE FENCE, WHICH IS WHAT OKAY. AND ONE OF THE SUGGESTIONS IS IN TERMS OF MAYBE A CONDITION OF GRANT IS REDUCING THE ROOF SO THAT IT DOESN'T IT'S MORE THAN ONE FOOT, PERHAPS LESS THAN THREE FEET FROM THE NEIGHBOR'S FENCE. IS THERE THAT MUCH HANGOVER? AT LEAST TWO FEET OR MORE HANGOVER OF THE ROOF THAT IT CAN EVEN BE REDUCED? I DIDN'T GET THE SENSE THAT FENCE OR THAT ROOF IS NOT THAT BIG, RIGHT? YEAH, OKAY. IT'S THE MAIN CONCERN HERE IS THE BUILDING ITSELF. RIGHT. AND THE SETBACKS FROM THE. OKAY. SO TO BRING THAT, TO BRING THE STRUCTURE INTO COMPLIANCE, NOT ONLY WITH THE ROOF, THE STRUCTURE ITSELF WOULD HAVE TO BE MOVED BACK. OKAY. ALL RIGHT. IS ALL THE BOARD MEMBERS QUESTIONS THOROUGHLY ANSWERED.
ANYBODY ELSE HAVE ANY ADDITIONAL QUESTIONS. WE CAN CERTAINLY ENTERTAIN A MOTION IF ANYONE'S READY TO MOVE FORWARD WITH THAT. NOW, MR. CHAIRMAN. SURE. BEFORE I MAKE A MOTION TO APPROVE AGAIN, THIS IS NOT A HEIGHT. THIS IS A SETBACK FROM THE PROPERTY LINE WE CONSIDERING RIGHT NOW THE HEIGHT. HEIGHT VARIANCE. RIGHT. THIS IS JUST SETBACKS THAT THERE'S NO THERE'S NOTHING THAT'S ON HEIGHT THAT WE'RE VOTING ON TODAY OKAY. IF THE BOARD MAKES A RECOMMENDATION OR YOU KNOW DOES APPROVE THIS, THE BUILDING ITSELF IS CONSIDERED
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TO BE IN. COMPLETELY COMPLIANT WITH ALL OTHER CITY REGULATIONS, AND IT WOULD BE UP TO THE HOA TO ENFORCE ANY OTHER ISSUES. YEAH, YEAH. OKAY. MR. CHAIR, IN LIGHT OF THAT COMMENTS. AND I'M GOING TO MAKE A MOTION TO APPROVE THE ITEM AS SUBMITTED ON THE AGENDA. TONIGHT. THANK YOU. SIR, WE HAVE A MOTION. DO WE HAVE A SECOND? I WILL SECOND THAT MOTION. WE HAVE A MOTION AND A SECOND. NOW WE CAN GO AHEAD AND MOVE TO A VOTE. THAT MOTION CARRIES. I BELIEVE THAT IS THE ONLY THING ON OUR AGENDA THIS EVENING. SO I WILL ENTERTAIN A MOTION TO ADJOURN OUR MEETING. MR. CHAIRMAN, MAKE A MOTION TO ADJOURN THE MEETING. I'LL SECOND THE MOTION. MR. CHAIR, DO WE KNOW IF WE HAVE A MEETING NEXT MONTH? NO MEETING NEXT MONTH. OKAY. VERY, VERY GOOD. ALL RIGHT. CAST YOUR VOTE. THAT MOTION CA* This transcript was compiled from uncorrected Closed Captioning.