[Zoning Board of Adjustment on October 19, 2026.]
[00:00:10]
YOU ALL FOR BEING HERE TONIGHT. I'LL GO AHEAD AND CALL TO ORDER THE REGULARLY SCHEDULED MEETING FOR THE WILEY ZONING BOARD OF ADJUSTMENTS. SO FIRST, FIRST ITEM ON THE AGENDA, IF THERE'S ANYONE PRESENT WHO WOULD LIKE TO ADDRESS THE BOARD ON NON-AGENDA ITEMS, AND THERE IS NO ONE PRESENT TONIGHT, SO WE CAN MOVE ON TO OUR CONSENT AGENDA. ONE ITEM ON THE CONSENT AGENDA FOR THIS EVENING IS TO CONSIDER AND ACT UPON THE APPROVAL OF THE MEETING MINUTES FROM THE SEPTEMBER 21ST, 2026 ZONING BOARD OF ADJUSTMENTS MEETING. SO I WILL ENTERTAIN A MOTION AND NEED A SECOND ON THOSE APPROVAL OF THOSE MEETING MINUTES. MAKE A MOTION TO APPROVE THE MINUTES IN SEPTEMBER. I SECOND THAT MOTION. ALL RIGHT. WE CAN MOVE TO A VOTE.
AND THAT MOTION CARRIES 5 TO 0. SO WE'LL MOVE INTO OUR REGULAR AGENDA ITEM FOR THIS EVENING. WE HAVE ONE ITEM TO HOLD A PUBLIC HEARING TO CONSIDER. AN ACT UPON A REQUEST BY DAVID STEPHEN LIVELY FOR A VARIANCE TO SECTION 2.5 POINT C OF THE ZONING ORDINANCE TO ALLOW FOR AN ACCESSORY STRUCTURE OVER THE MAXIMUM ALLOWED SQUARE FOOTAGE OVER THE ALLOWED ACCESSORY STRUCTURE, BUILDING HEIGHT AND FOR THE ALLOWANCE OF THREE ACCESSORY STRUCTURES. PROPERTY IS LOCATED AT 631 ROCK SPRING DRIVE, ZBA2026-03. YES. GOOD EVENING.
OUR ONE AND ONLY ITEM ON THE REGULAR AGENDA IS A REQUEST FOR A VARIANCE FOR THE PROPERTY LOCATED AT 631 ROCK SPRING DRIVE. THIS IS TO ALLOW FOR AN ACCESSORY STRUCTURE THAT MEASURES JUST OVER 1000FT■!S, AD THE VARIANCES ARE NEEDED FOR. DUE TO THE FACT THAT IT'S OVER THE ALLOWED ACCESSORY STRUCTURE SQUARE FOOTAGE. AND THAT'S ALSO DUE TO THE FACT THAT IT HAS.
WITH THIS STRUCTURE, IT'LL BE THREE ACCESSORY STRUCTURES COUNTING AN EXISTING COVERED PATIO AND AN ACCESSORY STRUCTURE THAT'S IN THE BACK. AND THEN THE PROPOSED ACCESSORY STRUCTURE ALSO MEASURES 29FT TO THE PEAK OF THE ROOF, WHEN THE MAXIMUM ALLOWED IS 15FT. AND THEN HERE, HERE'S THE GENERAL SITE PLAN OF WHERE IT'S LOCATED. THIS SITE PLAN DOESN'T SHOW THE TWO ACCESSORY STRUCTURES THAT ARE ALREADY ON THE SITE, BUT TO JUST TO GIVE YOU AN IDEA, IT'S OR I COULD PROBABLY SHOW IT HERE. IT'S ONE'S RIGHT BEHIND THE HOUSE. IT'S ALMOST ATTACHED TO THE HOUSE. IT'S A COVERED PATIO. AND THEN THERE'S ONE ACCESSORY STRUCTURE THAT'S AT THE VERY, VERY BACK. AND THEY'RE NOT LARGE, BUT IT JUST IT'S ADDED SQUARE FOOTAGE, WHICH PUSHES IT UP PAST THE ALLOWED SQUARE FOOTAGE. AND REALLY, THE APPLICANT BELIEVES THERE'S MERIT FOR THE APPROVAL OF THESE VARIANCES, JUST DUE TO THE FACT THAT THE LOT IS ALMOST ONE ACRE IN SIZE, WHICH IT'S BEING RIGHT NOW. IT HAS A RESTRICTIONS OF A LOT, AS IF IT WAS A 24,000 SQUARE FOOT LOT, WHICH THIS IS MUCH LARGER THAN THAT. IT'S 0.91 ACRES, LOTS THAT ARE OVER ONE ACRE ARE ALLOWED UP TO A HEIGHT OF 20FT. SO THIS WOULD STILL NEED A VARIANCE. BUT THEN ALSO THE THE PEAK OF THE ROOF IS, IS WHAT'S AT 29FT. THE ACTUAL WALL HEIGHT IS 21.5FT. SO. AND THEN ALSO THE, THE SQUARE FOOTAGE REQUIREMENTS ARE BASED ON 60% OF THE DWELLING UNITS SIZE. THIS DWELLING UNIT MEASURES AROUND. I BELIEVE IT WAS 1900FT■!S WHERE IT'S TECHNICALLY BY THE CODE. IT'S ALLOWED. IT'S REALLY REQUIRED TO BE A MINIMUM OF 2400FT■!S, WHICH WOULD HAVE ALLOWED THEM TO HAVE MORE ACCESSORY STRUCTURE, SQUARE FOOTAGE. AND NOT JUST THAT, BECAUSE OF THE LOT SIZE, THE LOT ITSELF IS CAPABLE OF MUCH, MUCH BIGGER THAN THE 24,000 SQUARE FOOT MINIMUM. EVEN IF THEY MATCH THAT. WE DID MAIL
[00:05:08]
NOTICES TO 13 PROPERTY OWNERS, AND I KNOW THE PACKET SAID THREE COMMENT FORMS WERE RETURNED IN FAVOR, BUT SINCE THEN WE HAVE RECEIVED TWO ADDITIONAL ONES THAT WERE ALSO IN FAVOR. AND IT'S PRETTY MUCH SURROUNDING THE THE SUBJECT PROPERTY. THE ONES THAT ARE IN FAVOR. AND THEN THE APPLICANT DID PROVIDE ELEVATIONS AND THEY'RE THEY AREN'T SHOWING THAT THE BUILDING HAS ANY WINDOWS ON THE NORTHERN SIDE. SO THAT PROPERTY AT 621 WOULDN'T BE AFFECTED WITH PRIVACY OR ANYTHING LIKE THAT. IT'S BECAUSE THE STRUCTURE IS GOING TO GO LIKE RIGHT HERE. RIGHT. SO YEAH. AND THE COMMENT FORMS DIDN'T REALLY SAY WHY THEY WERE IN FAVOR. A COUPLE OF THEM DID SAY THEY JUST SAID THEY DIDN'T HAVE ANY PROBLEM PROBLEMS OR FEEL LIKE IT WOULD IMPACT THEIR NEIGHBORHOOD OR ANYTHING LIKE THAT. AND WITH THAT, I'LL BE HAPPY TO ANSWER ANY QUESTIONS. I MAY BE MISSING IT, BUT HOW? HOW LARGE IS THE LOT IS THAT IN THIS INFORMATION, IT'S ALMOST AN ACRE. IT'S 0.91 ACRES. YEAH. SO IF I HEARD YOU RIGHT, YOU SAID THAT THE THE HEIGHT OF ONE ACRE LOTS IS ALLOWED UP TO 20FT. OKAY. AND THIS IS 21. THIS IS 29 BECAUSE IT GOES UP, UP TO THE ROOFTOP. YEAH, IT'S 21 AT THE ROOF LINE.YEAH. OVER AN ACRE ALLOWED. CORRECT. DOES ANYBODY HAVE ANY OTHER QUESTIONS FOR MR. MOLINA? AND IF NOT, I KNOW THE APPLICANT IS PRESENT. SO IF YOU WOULD LIKE TO ADDRESS THE BOARD WITH ANYTHING YOU'RE WELCOME TO, IT'S NOT REQUIRED, BUT WE GIVE YOU THAT OPPORTUNITY. WE WOULD WANT YOU TO COME UP TO THE MICROPHONE. AND I KNOW YOUR STUFF'S ON THE APPLICATION, BUT NAME AND ADDRESS. SURE. MY NAME IS DAVID LIVELY. I'M THE OWNER OF A 631 ROCK SPRING DRIVE. THE ONLY THINGS I REALLY WANT TO ADD IS THAT I BELIEVE THEY'RE MENTIONED IN THE IN THE PACKET, BUT THERE ARE SEVERAL OTHER STRUCTURES IN OUR NEIGHBORHOOD THAT ARE COMPARABLE IN HEIGHT, AND THERE ARE ACTUALLY MADE A COUPLE OF NOTES WHICH. SO AT 930 CRESTVIEW, THERE IS A A DETACHED STRUCTURE VERY SIMILAR TO OURS. THAT'S RIGHT OVER 26FT, WHICH WAS BUILT IN 2020.
THERE'S A FURTHER DOWN OUR STREET, THERE'S A DETACHED RV GARAGE THAT'S A 22FT. AND THEN AT 641, WHICH IS OUR IMMEDIATE NEIGHBOR TO THE SOUTH, IT'S A SIMILAR TO OURS. IT'S A GARAGE WITH SOMETHING SIMILAR TO AN APARTMENT UPSTAIRS, BUT THERE'S NO PLUMBING. IT'S NOT ACTUALLY AN ADU. AND THEY'RE COMING IN RIGHT AT 25FT. SO WE'RE A LITTLE OVER THAT. BUT I DON'T FEEL LIKE IT'S OUT OF CHARACTER FOR THE NEIGHBORHOOD. AND WE'VE ALSO SHARED THESE PLANS WITH THE REST OF THE NEIGHBORS AND THEY'RE ALL LIKE, YEAH, IT'S COOL. YEAH, COME ON, BRING MY CAR OVER. WE'LL CHANGE YOUR OIL. BUT YEAH, THAT'S IT. UNLESS YOU HAVE ANY QUESTIONS FOR ME. OKAY.
ASSUMING THERE'S NO RIGHT TO BE. SO THERE'S NOTHING TO BE. OKAY, THERE WE GO. SO WE'RE FIGURING OUT THE BUGS HERE. SO THERE'S NO INTENTION FOR THIS TO BE USED AS AN ADU OR ANY PURPOSE FOR THAT. THERE'S NO KITCHEN. OKAY. YEAH. THERE YOU GO. I WAS JUST GOING TO SAY FROM A CITY PERSPECTIVE, AS SOON AS HE ADDS A KITCHEN, THEN WE HAVE A WHOLE OTHER SET OF ISSUES. BUT BECAUSE THERE'S NO KITCHEN IN THERE, WE DON'T LOOK AT IT AS AN ADU. YEAH. THANK YOU. THANK YOU, MR. LIVELY. PUBLIC HEARING. OKAY, SO WE'LL OPEN A PUBLIC HEARING IF ANYONE WANTS TO COMMENT ON THE ISSUE AND WE'LL CLOSE THE PUBLIC HEARING BECAUSE THERE'S THERE'S NO ONE PRESENT. SO WE CAN GO AHEAD AND HAVE ANY BOARD DISCUSSION ABOUT THE ITEM IF YOU GUYS WANT TO.
BRING IT BACK TO THE GROUP FOR DISCUSSION. SO. OR ALSO WOULD GO AHEAD AND ACCEPT THE MOTION ON THE EITHER APPROVAL OR DENIAL OF THE, OF THE, OF THE ORDINANCE OR THE VARIANCE. SO EITHER WAY. I HAVE A QUESTION. SO THE APPROVAL FOR THE VARIANCE, ARE WE GOING TO TAKE
[00:10:01]
ONE AT A TIME OR THE PACKAGE. AND ALSO FOR THE SECOND VARIANCE THE VARIANCE TO SECTION 2.5 C2A WHERE WE WANT TO ALLOW THREE ACCESSORY STRUCTURES. WHERE I THINK THE STRUCTURE HAS. YOU SAID THE STRUCTURE HAS A A COVERED PATIO AND A DETACHED SHADE. ARE THEY GOING TO JUST DESTROY THE THE PATIO AND OR THEY WANT TO ADD TO ADD THOSE STRUCTURE, THOSE THREE STRUCTURES. THOSE WOULD STAY. BUT THAT'S WHAT MAKES IT B THREE STRUCTURE. SO THEY'RE NOT SAYING THEY'RE GOING TO ADD TWO ADDITIONAL ONES AND DESTROY THE OTHER ONES. UNLESS YOU WANT THE MOTION TO BE FOR THOSE TO BE THE ONES THAT COUNT AND THEM NOT BEING ALLOWED TO DO ANY FUTURE STRUCTURE, I GUESS. IS THAT WHAT YOU'RE GETTING AT? OKAY. YEAH. AND YOU, YOU, BY ALL MEANS, YOU ALL HAVE THE RIGHT TO APPROVE THE WAY STAFF IS PRESENTED IT. IT'S ALL ONE.BUT IF YOU FEEL LIKE YOU KNOW WHAT, THESE TWO ARE GOOD. THIS ONE'S NOT THAT THAT IS TOTALLY WITHIN YOUR AUTHORITY TO DO. YOU CAN CONSIDER THEM ONE AT A TIME IF YOU WISH. WHAT I WOULD RECOMMEND IS IF SOMEBODY WANTED TO DO THAT, YOU WOULD JUST MAKE A MOTION SAYING, I'LL APPROVE THESE TWO VARIANTS, YOU KNOW, WITHOUT THIS OTHER THING BEING APPROVED, YOU KNOW, WHICHEVER ONE YOU'RE NOT INTERESTED IN, IF THAT'S THE ROUTE YOU DECIDE TO GO, OKAY. I'LL MAKE A MOTION TO APPROVE THE THE CONSIDERATION. THE VARIANCE AND THE QUESTION AS A PACKAGE. ALL RIGHT. THANK YOU VERY MUCH. WE HAVE A MOTION AND I WILL SECOND THE MOTION TO APPROVE. SO WITH THAT WE CAN GO AHEAD AND VOTE.
THAT MOTION DOES CARRY 5 TO 0. THAT'S THE ONLY ITEM WE HAD. SO SO YOU'LL GET A LETTER FROM GABBY MISS FERNANDEZ SAYING THAT IT WAS APPROVED. YOU'LL NEED TO ATTACH THAT TO YOUR ANY APPLICATION THAT YOU MAKE FOR THIS. SO THAT WAY THE BUILDING OF FOLKS KNOW THAT YOU HAVE A VARIANCE TO THOSE PARTICULAR ITEMS. THANKS. YEAH. NO, IT'LL COME IN THE MAIL. OKAY. SO THAT CONCLUDES OUR REGULAR AGENDA. IS THERE ANY OTHER BUSINESS FOR US? DO WE HAVE. WE HAVEN'T GOT ANYTHING YET. OKAY. ALL RIGHT. WE HAVEN'T. WE HAVEN'T RECEIVED ANYTHING YET. ALL RIGHT. AND I THINK THAT'S THE WEEK OF THANKSGIVING. SO SEE HOW THAT GOES. YEAH. ALL RIGHT. SO I'LL MAKE A MOTION TO ADJOURN THE MEETING. AND IF SOMEONE WOULD LIKE TO SECOND THAT, WE CAN ADJOURN. SECOND, WE DO HAVE A SECOND. YEAH. AND WE'LL GO AND CAST YOUR VOTE. AND THE MEETING IS A
* This transcript was compiled from uncorrected Closed Captioning.