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WE'RE GOOD TO GO, RIGHT?

[00:00:01]

OKAY. I DID NOT ANNOUNCE THE QUORUM, BUT I CALLED IT TO ORDER AT 331.

[Call to Order]

YES, MA'AM. DO WE HAVE TO ANNOUNCE WHO ALL IS HERE? NO. OKAY.

ALL RIGHT. OKAY.

SO. GOOD AFTERNOON.

[Items 1, 2 & 3]

UH, WE DO HAVE A STAFF REPORT FOR THIS.

THERE ARE THREE CASES, UH, THAT WE'RE WORKING ON HERE.

THEY ARE ALL FOR THE SAME ADDRESS AT 300 SOUTH HILL STREET.

IT IS FOR MISS CHANA MASSEY.

UH, THESE ARE, UH, SPECIAL EXCEPTIONS TO FRONT YARD SETBACKS ALONG HILL STREET AND EAST SCHUMACHER STREET.

AND THE REAR YARD SETBACK ALONG THE WESTERN PROPERTY LINE.

UH, ACTION WILL HAVE TO BE TAKEN SEPARATELY ON EACH ONE OF THESE ITEMS, BUT WE'LL PRESENT THEM AS A WHOLE.

IF YOU HAVE SPECIFIC QUESTIONS, WE CAN ALWAYS SEPARATE THOSE OUT.

UM, THIS SO THE FIRST ONE.

LET'S SEE. ZONING BOARD OF ADJUSTMENT 2023-12.

RESIDENTIAL STRUCTURE.

UH, THREE FOOT ALONG SOUTH HILL STREET.

THAT IS THE FRONT PORCH PORTION OF THAT HOUSE.

AND YOU CAN SEE, UH, BY THE, UH, DISPLAY UP THERE, UH, THAT IT IS THE STRUCTURE ENCROACHES INTO THE 25 FOOT FRONT YARD SETBACK.

THIS IS NUMBER 12.

UH ZBA 2023-13.

CARPORT ATTACHED TO A DETACHED ACCESSORY STRUCTURE IN THE 25 FOOT SETBACK, AND THE DETACHED ACCESSORY STRUCTURE IS ALSO THREE FOOT INTO THE 25 FOOT FRONT YARD SETBACK.

IT'S ALL COVERED BY ZBA 2023-13, AND IN THAT CASE, THE ACCESSORY STRUCTURE IS THE CARPORT.

YES. YEAH, OKAY.

SO YOU CAN SEE THE.

THIS ONE RIGHT HERE. AND SO THE WHOLE CARPORT SETS IN.

THREE FOOT OF THE ATTACHED OF THE DETACHED ACCESSORY STRUCTURE THAT ARE IN THAT 25 FOOT FRONT YARD SETBACK ALSO.

AND THEN ZBA 2023-14 DETACHED ACCESSORY STRUCTURE IS ENCROACHING FIVE FOOT INTO THE REAR SETBACK ON THIS FIVE FOR TEN.

UH, IT'S A TEN FOOT SETBACK.

IT'S ENCROACHING FIVE FOOT.

OH, OKAY.

UM, 20.

ON SEPTEMBER 25TH, 2023, STAFF RECEIVED A REQUEST FROM CHANNING MASSEY REGARDING BRINGING 300 SOUTH HILL INTO COMPLIANCE WITH THE CITY'S REGULATION. UPON REVIEW OF THE SURVEY, IT WAS DISCOVERED THAT THE PROPERTY IS NOT PROPERLY PLATTED.

HOWEVER, SEVERAL OF THE STRUCTURES ARE ENCROACHING AND REQUIRE SPECIAL EXCEPTIONS.

THE EXISTING UH, SINGLE FAMILY RESIDENCE, CARPORT, AND DETACHED ACCESSORY BUILDING ARE IN THE FRONT YARD AND REAR YARD SETBACKS ALONG HILL STREET, SOUTH SHOEMAKER STREET, AND THE WESTERN PROPERTY LINE.

19 PROPERTY OWNERS WERE NOTIFIED.

WE RECEIVED, WE DID HAVE ONE THAT CAME IN ON THIS, UH, FROM 301 SOUTH HILL THAT WAS IN FAVOR OF THIS REFLECTS THAT WE DIDN'T RECEIVE ANY, UH, FEEDBACK ON THIS, BUT WE DID RECEIVE ONE.

AND THEY WERE IN FAVOR OF, UH, THE VARIANTS OR THE SPECIAL EXCEPTIONS BEING GRANTED.

UM. THE HARDSHIP IS NOT A RESULT OF THE APPLICANT'S ACTION.

THE EXISTING RESIDENTIAL STRUCTURE, CARPORT AND DETACHED ACCESSORY STRUCTURE HAVE BEEN IN THEIR CURRENT CONFIGURATION AND LOCATION FOR NEARLY 103 YEARS. MR. AND MRS. MASSEY PURCHASED THE PROPERTY IN 2022, AND WERE UNAWARE OF THE EXISTING ENCROACHMENTS ON THE EXISTING RESIDENTIAL STRUCTURE, CARPORT AND DETACHED ACCESSORY STRUCTURE.

THE INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE COULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS.

UM, AGAIN, IT'S BEEN THERE IN THAT CURRENT CONFIGURATION FOR 100 OVER 100 YEARS WITH NO COMPLAINTS FROM SURROUNDING PROPERTY OWNERS.

[00:05:03]

THE APPLICANT IS ATTEMPTING TO BRING THE PROPERTY INTO COMPLIANCE WITH THE CITY'S REGULATIONS.

BUT FOR SETBACK ENCROACHMENTS BY THE EXISTING RESIDENTIAL STRUCTURE, CARPORT AND DETACHED ACCESSORY STRUCTURE LOCATED ON THE PROPERTY.

UH, BEFORE THE APPLICANT CAN REPLY AT THE PROPERTY, SPECIAL EXCEPTIONS WILL NEED TO BE GRANTED BY THE ZBA.

I DON'T KNOW IF ANY OF YOU ARE FAMILIAR WITH THIS PROPERTY, BUT IT SITS RIGHT OVER HERE ON THE CORNER OF SOUTH HILL AND SHOEMAKER.

UM.. I WALK BY IT EVERY DAY, GOING TO SCHOOL FOR TEN YEARS.

IT WAS IN PRETTY BAD SHAPE THERE FOR A LONG TIME.

UH, MR. MASSEY, UH, BOUGHT THAT PROPERTY AND THEY WANTED TO MOVE INTO TOWN.

AND THEY HAVE THEY HAVE DONE A REALLY GREAT JOB OF REPAIRING THAT PLACE.

WE HAVE FULL BUILDING PERMITS IN PLACE ON THE RESIDENTIAL STRUCTURE THAT THEY ARE NOW CURRENTLY LIVING IN, AND THEY WANT TO MOVE FORWARD WITH THE DETACHED ACCESSORY STRUCTURE.

UH, A SPECIAL, UH, SPECIFIC USE PERMIT IS, UH, ON THE COUNCIL'S AGENDA TONIGHT FOR SECOND READING AND APPROVAL, AT WHICH POINT THEY'LL BE READY TO MOVE FORWARD WITH THEIR DETACHED ACCESSORY STRUCTURE, UH, DWELLING UNIT AS A DWELLING UNIT.

UM, OF COURSE, THE AUTHORITY OF THE BOARD, UH, SHALL HAVE THE AUTHORITY AND SUBJECT TO THE STANDARDS ESTABLISHED IN CHAPTER 211 OF TEXAS LOCAL GOVERNMENT CODE TO AMEND AND, UH.

AS AMENDED, AND THOSE ESTABLISHED HEREIN TO EXERCISE POWERS AND TO PERFORM DUTIES INCLUDED THE FOLLOWING VARIANCES AND SPECIAL EXCEPTIONS AND.

IT HAS THE CRITERIA FOR GRANTING A VARIANCE AS A FINDING OF AN UNDUE HARDSHIPS.

IN ORDER TO GRANT THE VARIANCE, THE BOARD OF ADJUSTMENT SHALL MAKE FINDINGS THAT AN UNDUE HARDSHIP EXISTS USING THE FOLLOWING CRITERIA.

UH, LITERAL ENFORCEMENT OF THE CONTROLS WILL CREATE AN UNNECESSARY HARDSHIP OF PRACTICAL DIFFICULTY IN THE DEVELOPMENT OF THE AFFECTED PROPERTY.

UM. THE CD CASE EDITION IS SHOWN ON THE OFFICIAL MAP DATED 1959, PRIOR TO THE CITY HAVING A SUBDIVISION ORDINANCE.

ACCORDING TO WCAD, THE HOUSE AND ACCESSORY STRUCTURE WAS BUILT IN 1920.

A SHED WAS ADDED TO THE TAX ROLL IN 2010.

NO PERMIT WAS FOUND FOR THAT.

IT'S BEEN ACTUALLY REMOVED FROM THERE NOW.

THE SETBACK ENCROACHMENTS ARE A RESULT OF AN APPLICANT SEEKING A SPECIAL USE PERMIT FOR THE PROPERTY AND TO MEET THE CURRENT RULES.

THE REQUESTED FRONT YARD SETBACKS AND REAR YARD SETBACK IS TO ALLOW THE EXISTING STRUCTURE TO REMAIN IN PLACE.

ALL CITY UTILITIES ARE IN THE STREET.

OTHER UTILITIES HAVE SERVED THE PROPERTY IN THEIR CURRENT LOCATION FOR MANY YEARS.

TO CORRECT THE ENCROACHMENT WOULD REQUIRE REMOVAL OR REPLACEMENT OF THE STRUCTURES.

MAY HAVE TO SIT.

NONE OF THE STRUCTURES CAUSES A SIGHT PROBLEM FOR TRAFFIC, OR IMPEDES ANY VIEWS BY NEIGHBORING PROPERTIES.

THERE IS NO THERE'S NOT EXPECTED TO EVER BE ANY USE OF THE FRONT YARDS OR REAR YARD FOR ANY UTILITIES.

ALL CITY UTILITIES ARE IN THE STREET.

OTHER UTILITIES HAVE SERVED THE PROPERTY AND THE CURRENT LOCATION SINCE APPROXIMATELY 1920.

THE HOUSE AND ACCESSORY STRUCTURE HAS EXISTED SINCE 1920 AND HAS CAUSED NO DIFFICULTIES.

THE RELIEF IS SOLVED AND WILL NOT INJURE THE PERMITTED USE OF THE ADJACENT CONFORMING PROPERTIES.

THE STRUCTURES CAUSED NO SIGHT PROBLEMS FOR THE TRAFFIC OR IMPEDES ANY VIEWS BY NEIGHBORING PROPERTIES.

UH GRANT. THE GRANTING OF A VARIANCE WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THESE REGULATIONS.

AREA SURROUNDING PROPERTY IS BUILT OUT.

NO FUTURE SUBDIVISIONS OF PROPERTY IN THE AREA WILL OCCUR.

THERE IS NOT EXPECTED TO BE ANY USE OF THE FRONT YARD FOR ANY UTILITIES.

ALL CITY UTILITIES ARE IN THE STREET.

OTHER UTILITIES HAVE SERVED THE PROPERTY IN THEIR CURRENT LOCATION FOR MANY YEARS.

THE STRUCTURES CAUSED NO SIGHT PROBLEMS FOR TRAFFIC OR IMPEDE ANY VIEWS BY THE NEIGHBORING PROPERTIES.

I'M SORRY, THESE ARE THE CITY ENGINEER FINDINGS.

IS EARL ON? OKAY.

WASN'T SURE IF HE MADE IT ON.

WE CAN CHECK WITH HIM HERE IN A MINUTE.

UM. THERE'S VIEWS LOOKING SOUTH ALONG HILL STREET AND THEN LOOKING NORTH FROM HILL STREET.

UH, THERE'S, UH, LOOKING EAST ALONG SHOEMAKER STREET AND LOOKING WEST ALONG SHOEMAKER STREET.

[00:10:05]

AND THEN LOOKING SOUTH ALONG THE WESTERN PROPERTY LINE OF THE PROPERTY.

GO BACK. OKAY.

PROPERTY LINE QUESTION.

UH. IS WHERE THIS TWO STORY STRUCTURE IS, RIGHT? IT'S RIGHT ON THAT. ON THAT.

THAT WALL IS ON THAT LINE.

NO, IT'S FIVE FEET OFF.

LET ME SEE IF I CAN FIND IT.

THERE WE GO BACK TO.

SO IT IS FIVE FOOT OFF.

THERE'S A TEN FOOT REAR YARD SETBACK, AND THEY'RE ENCROACHING FIVE FOOT INTO THAT TEN FOOT REAR YARD SETBACK.

OKAY. SO THE PICTURE OF THOSE CARS ARE NOT ACTUALLY ON THE PROPERTY? RIGHT.

GET BACK UP. THOSE ARE THE NEIGHBORS CARS.

YES. SO THOSE ARE THE NEIGHBOR'S CARS.

THERE IS FIVE FOOT FROM THE BACK WALL OF THAT STRUCTURE OUT TO THE PROPERTY LINE.

AND YOU CAN KIND OF SEE THAT THERE WITH THE FENCE THAT'S ALONG THE NEIGHBOR'S PROPERTY, THE FENCE ALONG THE BACK.

RIGHT. OKAY.

MR. SMITH, CAN I ASK A COUPLE OF QUESTIONS? NUMBER ONE, JUST TO BE CLEAR, YOU'RE SAYING THE CARPORT IN ITS CURRENT CONDITION IS OVER 100 YEARS OLD? NO NO, NO.

WE DON'T KNOW WHEN THAT WAS ADDED.

OKAY. 2010 YOU SAID.

WAS IT 2010, 2011? THE SHED WAS IN 2010.

BUT THE SUMMARY SAYS, THE SUMMARY SAYS, YOU KNOW, THE HOUSE AND ITS ACCESSORIES WERE BUILT OVER 100 YEARS AGO. SO I'M INTERPRETING THAT TO BE THE CARPORT AS WELL.

SO I JUST WANTED CLARITY.

IF WE DON'T KNOW, WE DON'T KNOW.

NO WE DON'T I DON'T THINK WE KNOW OKAY.

WHAT WAS THERE IN THE 60S? YOU HAVE A SECOND QUESTION? I DO.

MY SECOND QUESTION, IF YOU DON'T MIND, MR. SMITH SHOWING THE PICTURES AGAIN.

SURE. UM, THE.

ONE MORE.

OKAY, SO WHERE ARE THE CARPORT? IS THE FURTHEST POINT.

I'M LOOKING AT THE THE LEFT PICTURE.

UM, BASICALLY TO THE LEFT OF WHERE THAT CAR IS PARKED.

IS THAT SOME OBSTRUCTION UNDERNEATH THE CARPORT IMPEDING THE VIEW.

SO THAT WAS A FENCE THAT I BELIEVE HAS BEEN REMOVED.

IT HAS BEEN REMOVED. OKAY.

I WOULD HAVE TO GO BY THERE TO CHECK ON THAT.

BUT I BELIEVE THAT IT HAS BEEN REMOVED.

OKAY. THEY WERE BUILDING NEW FENCES AT THAT LOCATION.

THE MASSEYS ARE NOT HERE TODAY.

OKAY. AND I THINK THAT'S WHERE THEY HAD THEIR.

HERE ARE TRASH CANS STORED OKAY IN THAT CORNER.

I'M FAMILIAR WITH THIS BECAUSE MY COUSIN OWNS THE PROPERTY ACROSS THE STREET.

OKAY? AND I KNOW THE PEOPLE THAT WERE LIVING IN THERE BEFORE.

YEAH. THEY HAD TO MOVE OUT AND SOLD IT TO THEIR BROTHER, WHO THEN SOLD IT TO THE MASSEYS.

IT'S IN A WHOLE LOT BETTER SHAPE NOW.

AND IT WAS.

SO THAT PRESENTATION WOULD HAVE TO GO INTO THE PUBLIC HEARING FOR THE INDIVIDUAL ITEMS. OKAY. WE WILL OPEN UP THE PUBLIC HEARING AND, UH, ASK IF THERE'S ANYONE IN THE AUDIENCE THAT WOULD WISH TO SPEAK.

HEARING? NONE.

UM, WE'LL CLOSE IT NOW.

IS THAT CORRECT? WE'LL NEED TO GET TIMES.

I'M SORRY. UM, 4:46.

3:46, I'M SORRY.

AND THEN WE'LL CLOSE THE PUBLIC HEARING ALSO AT 3:46.

AND NOW WE'LL OPEN IT UP TO THE BOARD TO, UH, FOR DISCUSSION OR QUESTIONS.

THIS ONE. THIS IS THE FRONT YARD ENCROACHMENT ALONG SOUTH HILL STREET.

LET ME GO BACK TO. YEAH.

WELL. THINK ABOUT WHICH ONE I'M IN.

YET IT. SO THIS IS, UM 2023-12. THE ONE ON THE FAR LEFT IS THE ONE THAT WE'RE CONSIDERING AT THIS POINT.

THIS IS THE FRONT PORCH THAT ENCROACHES INTO THE FRONT YARD 25 FOOT SETBACK.

[00:15:03]

THIS IS A THREE FOOT ENCROACHMENT INTO THE 25 FOOT FRONT YARD SETBACK SIR. 25 FOOT ALSO.

ALL RIGHT. YES, THERE IS A 25 FOOT FRONT YARD SETBACK, UH, ALONG SHOEMAKER AND ALONG HILL STREET RIGHT NOW.

THIS IS ONE OF THOSE PROPERTIES WHERE WE'VE LABELED AT 225, TWO FRONT YARD SETBACKS.

THEY, THE MASSEYS ARE WANTING TO REPLAT AT A LATER DATE, AND AT THAT POINT THEY COULD REDUCE THAT TO A TEN FOOT SIDE YARD SETBACK IF THEY CHOSE TO.

HAS TO BE PART OF THE PLANNING PROCESS.

YES. OKAY.

BUT THEY WOULD NEED A SPECIAL EXCEPTION FROM US FOR THAT.

THIS WOULD COVER THAT BECAUSE YOU'RE GRANTING IT INTO THE 25 FOOT.

OKAY. IF IT GETS CHANGED TO A SIDE YARD SETBACK, THEN THE DISTANCE IS SMALLER.

RIGHT. SO.

THEIR ENCROACHMENT WILL BE WON'T BE.

CORRECT. I STILL WOULD BE FOR THE FOR THE CARPORT.

THE ENCROACHMENT, YES, THE ACCESSORY STRUCTURE WOULD NO LONGER ENCROACH.

AND WHEN WE MAKE A MOTION, WE'RE GOING TO MAKE A MOTION FOR THE EXISTING STRUCTURES.

BUT ONLY YES.

SECOND. ALL RIGHT.

WE HAVE A MOTION FROM MR. KRAUSS, A SECOND FROM MR. WOODRUFF. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? HEARING NONE.

ZBA 2023-12 IS APPROVED.

THE SPECIAL EXCEPTION IS APPROVED.

NOW ZBA 2023-13.

I HEAR A MOTION FOR THAT.

20 23-13 IS THE CARPORT AND ACCESSORY STRUCTURE.

IT'S 25 FOOT UH EXCEPTION FOR THE CARPORT AND THREE FOOT FOR THE, I'M SORRY, I BELIEVE THAT'S RIGHT. THREE FOOT FOR THE YES.

YOU'RE RIGHT. FOR THE ACCESSORY STRUCTURE.

AND WE NEED A PUBLIC HEARING OPEN ON THAT ONE ALSO.

[INAUDIBLE] I'M SORRY. SO I'M GOING TO OPEN THE PUBLIC HEARING AT 3:50.

ANYONE THAT WOULD LIKE TO SPEAK TO THIS.

HEARING NONE, WE'LL CLOSE THE PUBLIC HEARING ALSO AT 3:50, AND THEN WE'LL ASK THE BOARD FOR DISCUSSION OR A MOTION.

I MOVE TO APPROVE APPLICATION 2023-13.

RIGHT. WE HAVE A MOTION FROM MR. MUHAMMAD. I WILL SECOND THE APPROVAL FOR ZBA 2023-13.

WE HAVE A SECOND FROM MR. KLEINSMITH. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? HEARING NONE.

UH, ITEM TWO IS APPROVED.

MOVING TO ITEM THREE.

ZBA 20 2314.

I WILL OPEN THE PUBLIC HEARING AT 351.

ASK FOR ANY.

THEY WOULD LIKE TO SPEAK. HEARING NONE.

WE'LL CLOSE IT AT 351, AND THEN I'LL ASK THE BOARD TO DELIBERATE.

MR. CHAIRMAN, I MOVE TO APPROVE 2023-14.

ALL RIGHT. WE HAVE A MOTION FROM MR. MUHAMMAD. A SECOND FROM MR. KRAUSS. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? HEARING NONE.

THEN ITEM THREE IS ALSO APPROVED.

UM. ITEM FOUR.

WE'RE READY TO MOVE ON.

YES, SIR. OKAY.

[ITEM 4: Discuss and approve 2024 Meeting Schedule. ]

ITEM FOUR IS TO DISCUSS THE MEETING SCHEDULE FOR 2024.

THESE ARE SET MEETING DATES.

WE, WHETHER WE MEET OR NOT, DEPENDS ON WHETHER WE HAVE APPLICATIONS.

BUT THIS IS PUT ON YOUR CALENDAR FOR THE UPCOMING YEAR.

SO WE'RE MEETING PRIMARILY ON MONDAYS.

AND IN THE COMING YEAR, WAYNE THAT'S THE PLAN.

THERE ARE A LOT OF CONFLICTING DATES WITH THAT, AND SO A LOT OF THEM DO.

WELL, THE CONFLICTING DATES ARE FOR THE WEDNESDAY MEETINGS.

[00:20:04]

I THINK BOTH OF THOSE ARE HOLIDAYS.

YES. SO WE WOULD MOVE THOSE TO WEDNESDAY'S.

YES. IF WE. EVERYTHING ELSE WOULD BE ON A MONDAY.

AT 3:30. YES.

ALL RIGHT. NO ACTION NECESSARY FOR THIS.

THIS IS JUST FOR INFORMATION CORRECT.

OKAY. ALL RIGHT.

WELL, NOW I'LL NEED TO HEAR A MOTION TO APPROVE OUR CALENDAR FOR 2024.

SO MOVED. UH, MOTION FROM MR. MUHAMMAD, A SECOND FROM MR. WOODRUFF. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? ALL RIGHT. WE HAVE OUR CALENDAR.

AND WE DON'T HAVE ANY NEW BUSINESS? AT THIS TIME, WE DO NOT HAVE ANY APPLICATIONS THAT HAVE BEEN SUBMITTED FOR ZONING BOARD OF ADJUSTMENT.

UH, THE DATE WAS TODAY, UH, TO HAVE THOSE IN AND DID NOT SEE ANY COME IN TODAY.

SO WE WILL NOT HAVE THE MEETING IN JANUARY.

NOT AT THIS TIME.

OKAY. SOMETHING UNLESS THE WHEELS FALL OFF OF SOMETHING ELSE.

UH, YOU DO HAVE A.

. THAT NEVER HAPPENS.

WE WILL PLAN ON A BUILDING STANDARDS COMMISSION MEETING IN JANUARY.

UH, JUST BECAUSE YOU'LL SEE, AS WE WORK THROUGH THE AGENDA ON THE BUILDING STANDARDS COMMISSION, UH, THAT THAT, UH, TODAY IS PRETTY MUCH AN INFORMATIVE MEETING, AND WE'LL GET BACK TOGETHER TO TAKE ACTION ON THOSE ITEMS IN JANUARY.

OKAY. DEAL.

WELL, THEN WE STAND ADJOURNED AT 3:55.

THANK YOU ALL. HAMMER TIME.

HAMMER TIME. OH, I GOTTA DO THAT.

* This transcript was compiled from uncorrected Closed Captioning.