* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] THAT'S [BRIEFING SESSION - 5:30 PM] OKAY. WE'LL GO AHEAD AND CALL THE BRIEFING OF THE ZONING BOARD OF ADJUSTMENT TO ORDER FOR TODAY, AND WE'LL START WITH A BRIEFING CASE. TO START OFF, I'M GOING TO CALL, ROLL CALL. I'M GONNA FROG YOU IN A MINUTE HERE. OH, I'M NOT MICD. UM, HI EVERYBODY. AGENDA, JUNIOR. AGENDA. I, EVERYONE, I HAVE AN AGENDA RIGHT HERE IN FRONT. SO FIRST THING I'M GONNA DO IS DO A ROLL CALL TO ESTABLISH FORUM. I'LL CALL YOUR NAME. SAY HERE, JUST LIKE THIS. BARRY SANDERS. HERE. CLAYTON HUTCHINS? HERE. MELINDA ROGERS. HERE. KIMBERLY RO? HERE. DAVID BAKER. HERE. DEBBIE . HERE. ANTHONY LANGSTON. PRESENT HERE. PRESENT WHY? HE BRINGS A LITTLE STYLE TO IT. AND ERIC ADEEN. ALL RIGHT. WE DO HAVE A QUORUM SO WE CAN BEGIN WITH OUR BRIEFING. SO IF YOU'LL TAKE IT AWAY. GO AHEAD, BRITTANY. GOOD EVENING. BOARD MEMBERS. SO WE'RE GONNA START WITH AGENDA ITEM NUMBER TWO, WHICH IS ZBA 23 0 3 0 0 2 0. SO THIS APPLICANT HAS REQUESTED TO TABLE THIS ITEM, UM, UNTIL NEXT MONTH. SO, MOVING RIGHT ALONG. AGENDA ITEM NUMBER THREE ZBA 23 0 2 0 0 6. THESE ARE VARIANCE REQUESTS FOR ACCESSORY STRUCTURES LOCATED AT 1610 PINE STREET. SO THEY'RE REQUESTING AN INCREASE OF THE MAXIMUM AREA ALLOWED FOR ACCESSORY STRUCTURE. SO SIMILAR TO ONE 10 PINE OR ONE 10 STEERMAN THAT WE SAW MULTIPLE TIMES. UM, SO THEY HAVE MULTIPLE ACCESSORY STRUCTURES IN THE BACK, AND THE TOTAL SQUARE FOOTAGE OF THEM IS 840. UM, THE ALLOWED, BASED OFF THE SQUARE FOOTAGE OF THE HOME IS 662 SQUARE FEET. SO THEY'RE COMING IN BECAUSE THEY HAD ALREADY BUILT A DETACHED GARAGE. IT WAS ALMOST DONE, GOT STOPPED BY CODE WAS TOLD THEY NEED TO COME IN FOR BUILDING PERMITS AND ZBA VARIANCES. UM, AND SO THAT, UH, DETACHED GARAGE PUTS THEM OVER THE LIMIT OF WHAT THEY'RE ALLOWED FOR THE MAXIMUM AREA. ADDITIONALLY, THE DETACHED GARAGE IS ONLY TWO FEET FROM THE INTERNAL SIDE, UM, PROPERTY LINE. AND IN THAT ZONING DISTRICTS, THEY'RE REQUIRED TO BE SIX FEET. SO THEY'RE ASKING FOR A VARIANCE REQUEST OF FOUR FEET THERE. SO THIS IS THE SITE PLAN THAT WAS SUBMITTED. SO THIS IS A PHOTO, SO YOU CAN SEE THAT'S THE DETACHED GARAGE. THE LEFT, THAT FENCE. YOU SEE RIGHT NEXT TO IT IS THE, UH, THE NEIGHBORING PROPERTIES FENCE. SO IT IS PRETTY CLOSE. SO THIS IS ACTUALLY A SUPPORT MAP. WE HAD A TON OF LETTERS OF SUPPORT COME IN FOR THIS, INCLUDING THE NEIGHBOR THAT IS GOING TO BE, THAT IS AFFECTED BY THAT SETBACK. THE FENCE YOU SHOWED US. YEP. THEY'RE IN SUPPORT. YEAH. SO THE, THE NEIGHBORHOOD SENT IN A A TON OF LETTERS OF SUPPORT. UH, SO 57 NOTICES WERE SENT OUT. 10 ARE RETURNED IN FAVOR, ZERO POST. AND THERE'S NOT AN HOA. SO STAFF IS UNABLE TO SUPPORT THIS REQUEST BECAUSE THIS IS A SINGLE CAR GARAGE THAT THEY BUILT. AND IT COULD HAVE BEEN BUILT AND MET OUR STANDARDS. THEY COULD HAVE GOT THAT SIX FOOT SETBACK AND STILL HAD ROOM FOR A SINGLE CAR GARAGE. HOWEVER, WE DO NOTE THAT THE NEIGHBOR DIRECTLY ADJACENT IS IN SUPPORT OF THIS AND THAT A LOT OF THESE HOUSES WERE BUILT IN THE 1940S. SO, IN GENERAL, A CHARACTERISTIC OF THE NEIGHBORHOOD IS MOST OF THOSE HOUSES AREN'T MEETING OUR SETBACK, OUR CURRENT SETBACK REQUIREMENTS. UH, THAT CONCLUDES STAFF PRESENTATION. I'M AVAILABLE FOR ANY QUESTIONS. YEAH, I I'VE ALSO GOT ONE. GO AHEAD, ERIC. UM, I SAW THAT WITH CARPORT. SO IT LOOKS LIKE THIS IS RIGHT DIRECTLY BEHIND THE CARPORT. SO THEY, I THINK THEY'RE PLANNING ON CLOSING IN THAT WALL. THEY JUST DIDN'T GET TO IT. SO IT'S SUPPOSED TO BE, OH, THAT'S THE DETACHED GARAGE. THAT'S THE DETACHED GARAGE. WHAT'S LOOKING LIKE A CARPORT IS YES. GARAGE. THAT'S THE DETACHED GARAGE. THEY JUST GOT STOPPED, WORKED, ORDERED BEFORE THEY OKAY. FINISHED IT. NEVERMIND. SO YOU MENTIONED MOST OF THESE, HOW THIS NEIGHBORHOOD BUILT IN THE FORTIES MM-HMM . NOTHING WAS SIX FOOT OFF THE PROPERTY LINE BACK THEN ANYWAY. AND IF YOU CAN SEE, IT'S KIND OF HARD TO TELL FROM LOCATION NOW. THE ENTIRE NEIGHBORHOOD'S NOT LIKE THAT, ARE THEY? YEAH. MOST OF THEM ARE ENCROACHING ON WHAT WE WOULD HAVE NOW AS OUR SIX FOOT SETBACK FOR CURRENT ZONING. SO STAFF IS, IS AWARE THAT THIS IS KIND OF A CHARACTERISTIC OF THE NEIGHBORHOOD. 'CAUSE SOME OF, SOME, SOME OF OUR BOARD MEMBERS VOTE AGAINST IF STAFF CAN'T SUPPORT AND IT'S KIND OF YEAH. SO STAFF NOT REFLECTIVE OF STAFF WOULD'VE, OBVIOUSLY WE PREFERRED PEOPLE TO COME IN, DO THE BUILDING PERMITS, DO THE ZBA IN THE CORRECT ORDER. UM, AND BECAUSE IT COULD HAVE BEEN BUILT, HAD THEY DONE THAT CORRECTLY, WE WOULD'VE TOLD THEM OBVIOUSLY, HEY, YOU GOTTA DO SIX FEET. THEY COULD HAVE MET THAT SETBACK REQUIREMENT THEY DIDN'T. STAFF IS UNCOMFORTABLE SUPPORTING IT. HOWEVER, WE'VE HAD OTHER CASES SIMILAR TO THIS WHERE THEY'VE REQUESTED A TWO FOOT SETBACK AND ZBA APPROVED IT BECAUSE THE NEIGHBOR DID SUPPORT IT WAS GOOD WITH IT. OKAY. SO WE'RE THIS NEIGHBORHOOD, NOT THIS NEIGHBORHOOD. NO. WE HAVEN'T HAD A LOT OF THESE, UM, CASES ACTUALLY COME IN FOR THIS NEIGHBORHOOD. A LOT OF THEM ARE JUST NON-CONFORMING, LEGAL, NON-CONFORMING EXISTING CONDITIONS. PINE IS OVER DISTRICT FIVE. OKAY. I BELIEVE IT'S NO. YEAH, DISTRICT FIVE. YEAH. ALL RIGHT. IT'S ALL A TREE SOUNDING STREETS. NO. OKAY. ANY OTHER QUESTIONS? ANY OTHER QUESTIONS ON THIS ONE? YEAH. AND THEY DID A LOT ACTUALLY TO REVITALIZE THE HOUSE. YEAH. SO IT'S REALLY KEY. MM-HMM. OH, FOR A 80-YEAR-OLD HOUSE. ALRIGHT, LET'S MOVE ON TO THE NEXT CASE. OKAY, SO ZB, THIS IS AGENDA ITEM NUMBER FOUR ZBA [00:05:01] 23 0 3 0 0 1 5. LOCATED FIVE LOCATED 1613 KINGSTON DRIVE. SO THIS IS A REQUEST FOR A SPECIAL EXCEPTION FOR A GARAGE CONVERSION. SO AGAIN, THIS ACTUALLY, THIS IS AN EXISTING GARAGE CONVERSION. SHE DID IT A LONG TIME AGO. WAS UNAWARE THAT SHE NEEDED TO GO THROUGH ZBA. SO NOW SHE'S TRYING TO DO ZBA GET AT THE BUILDING PERMITS AND KIND OF RETROACTIVELY CORRECT THAT MISTAKE. SO THIS IS THE SITE PLAN SHE SUBMITTED. HERE'S THE GARAGE CONVERSION. YOU CAN TELL TO THE RIGHT IT'S ALREADY BEEN CLOSED IN. THEY HAVE THE WINDOWS, THEY HAVE THE DOOR. IT'S BEING USED CURRENTLY AS A LIVING SPACE. SO IT'S NOT WITHIN THE 300 FOOT BUFFER, BUT THERE ARE EXISTING GARAGE CONVERSIONS IN THE NEIGHBORHOOD THAT HAVE BEEN LEGALLY PERMITTED. 57 NOTICES WERE SENT OUT. ZERO. RETURN IN FAVOR, ZERO OPPOSED. AND THERE IS NOT AN HOA STAFF IS AVAILABLE FOR ANY QUESTIONS. ANY QUESTIONS ON THIS PARTICULAR CASE? NONE TO MY LEFT. NONE TO MY RIGHT. ALL RIGHT, LET'S GO ON TO NUMBER FIVE. OKAY. ANOTHER GARAGE CONVERSION. SO THIS IS AGENDA ITEM NUMBER FIVE ZBA 23 0 3 0 0 1 8. AGAIN, ANOTHER SPECIAL REQUEST FOR SPECIAL EXEMPTION FOR GARAGE CONVERSION LOCATED AT 1105 LAS PALMAS DRIVE. THIS IS THE SITE PLAN THAT WAS SUBMITTED. IT'S A ONE CAR GARAGE CURRENTLY THAT THEY'RE WANTING TO CONVERT INTO LIVING SPACE. SO THIS IS THE HOME. AND SO UNFORTUNATELY THE DRIVEWAY'S NOT LONG ENOUGH FOR THEM TO HAVE TWO CARS PARKED OFF STREET. BUT I ALREADY SPOKE TO THE APPLICANT. SHE'S ACTUALLY ALREADY APPLIED FOR A PAVING PERMIT. SO THEY'RE GONNA ADD ADDITIONAL PAVING SO THEY CAN FIT TWO CARS OFF THE STREET. OKAY. AGAIN, THEY'RE NOT WITHIN THE 300 FOOT BUFFER, WHICH IS WHY THEY'RE BEFORE THE BOARD, BUT THERE ARE GARAGE CONVERSIONS THAT WERE LEGALLY PERMITTED IN THE NEIGHBORHOOD ON THAT PROPERTY WHERE, OH, SORRY. BACK UP. WHERE WOULD THEY PUT THE ADDITIONAL PARKING? SO THEY'RE GONNA DO IT TO THE LEFT OF THE PARKING ALREADY, SO I DON'T THINK THEY'RE GONNA ADD AN ADDITIONAL CURB CUT. BUT THERE WILL BE ENOUGH SPACE FOR TWO CARS. SO THEY'LL PULL IT AND GO LEFT. YEAH. OKAY. AND THEY MAY BE, I NEED TO LOOK AT THE PAVING PERMIT. YEAH, I WAS CURIOUS. YEAH. AND THIS IS ACTUALLY CLOSE TO ANOTHER CASE THAT WE HAD THE PROCTOR DRIVE CASES, WHERE SIMILARLY THEY ADDED ADDITIONAL PAVING. A LOT OF THOSE ARE JUST THOSE REALLY LONG, NARROW DRIVEWAYS. MM-HMM . OKAY. SO 50 NOTICES WERE SENT OUT. ZERO RETURN IN FAVOR, ZERO OPPOSED. AND THERE'S NOT NO, HOA STAFF DOES NOT OBJECT TO THIS REQUEST AND IS AVAILABLE FOR ANY QUESTIONS. BUT WE DO, IF THE, IF THE BOARD CHOOSES TO GRANT THE REQUEST, WE DO RECOMMEND THE FOLLOWING CONDITION THAT THEY ADD THAT SECOND OFF STREET PARK PARKING SPACE, WHICH THE APPLICANT IS WILLING, IS WILLING AND READY TO DO SO. ALL RIGHT. ANY OTHER QUESTIONS ON THIS PARTICULAR CASE? IF NOT, WE'LL MOVE ALONG TO NUMBER SIX. OKAY. AGENDA ITEM NUMBER SIX IS ZBA 23 0 3 0 0 22. SO THIS IS A VARIANCE REQUEST FOR FENCE HEIGHTS. WE HAVEN'T HAD A CASE SINCE I'VE BEEN HERE LIKE THIS. IT'S KIND OF A UNIQUE ONE. IT'S LOCATED AT 1309 AVENUE C. SO THE ALLOWED HEIGHT FOR REAR RESIDENTIAL FENCE IS EIGHT FEET. THEY'RE REQUESTING A VARIANCE FOR 11 FEET. SO THIS CASE IS UNIQUE IN THE SENSE THAT THEY'VE GOT A, A PRETTY SIGNIFICANT SLOPE IN THEIR BACKYARD. SO THEY CAME IN AT THE BEGINNING OF THE YEAR AND BUILT A RETAINING WALL. WENT THROUGH THE PERMITTING PROCESS. THEY HAVE A, UM, I HAVE NOTES HERE, A FIVE FOOT RETAINING WALL IN THE BACK NOW. SO YOU CAN SEE FROM A SITE PLAN, THIS IS WHERE THE RETAINING WALL IS. SO THIS IS THE VERY REAR PROP. THIS IS THAT REAR PROPERTY LINE. UM, AND THAT'S WHERE THE RETAINING WALL IS THE HIGHEST. SO WHENEVER WE ARE MEASURING A FENCE HEIGHT, WE'RE DOING IT FROM PEAK TO GRADE. SO FOR THE VARIANCE, WE'RE COMING IN FOR THE HIGHEST PART. SO THE HIGHEST PART WILL BE 11 FEET. SO THEY HAVE A FIVE FOOT RETAINING WALL AT THE HIGHEST PART, AND THEY WANNA ADD ON TOP OF IT A SIX FOOT FENCE. AND THEY'RE WANTING TO COME IN. 'CAUSE AS YOU CAN SEE HERE, THEY DON'T REALLY HAVE A LOT OF PRIVACY WITH THAT ADJACENT PROPERTY OWNER AT THEIR REAR PROPERTY LINE. AND SO IT'S KIND OF HARD TO TELL, BUT THEY'RE GONNA PUT THE FENCE POSTS DIRECTLY ONTO THE EXISTING RETAINING WALL. SO THAT FENCE WILL BE SIX FEET. AND WHEN WE MEASURE IT, WE'RE ADDING BOTH OF THEM TOGETHER, WHICH GIVES US THAT 11 FEET. SO THIS IS ONE OF THE ACTUAL SIDE PROPERTY LINES. AND AS YOU CAN SEE, THE RETAINING WALL GETS SMALLER AND SMALLER. AND SO OVER HERE THE FENCE WILL BE MORE ABOUT SIX FEET, WHICH IS UNDER OUR, UM, UH, MAX, MAX ALLOWABLE HEIGHT. AND THIS IS AGAIN, THE OTHER PROPERTY SIDE, PROPERTY LINE. AND SAME THING, YOU CAN SEE THE RETAINING WALL GETS SMALLER AND THE FENCE WILL BE ABOUT SIX FOOT THERE AS WELL. SO 27 NOTICES WERE SENT OUT. ZERO. RETURN IN FAVOR, ZERO OPPOSED. THERE'S NOT AN HOA AND STAFF DOES NOT OBJECT TO THIS REQUEST AND IS AVAILABLE FOR ANY QUESTIONS. QUESTIONS TO MY LEFT QUEST. THIS IS THE KIND THAT YOU CAN FIND CAUSE OF UNUSUAL SHAPE SIZE. YES. SO THIS WOULD BE SOMETHING LIKE A HAR, WE CONSIDER THIS A HARDSHIP. IT'S DUE TO THE SLOPE OF THE BACKYARD. THAT'S A FUNKY BACK LOT. OTHERWISE FUNKY BACK LOT. YEAH. OTHERWISE THE GUY'S GOT A CHAIR, HE CAN JUST STARE AT YOU FROM HIS BACK PORCH. YEAH. AND APPARENTLY THE NEIGHBOR HAS THREE LARGE DOGS AND THEY'VE THAT YOUNG KID, SO THEY'RE ALSO KIND OF CONCERNED FOR THEIR SAFETY AS WELL. ALL RIGHT. I HAVE NO QUESTIONS. OKAY, LET'S GO AHEAD AND MOVE ON. OH, I WONDERED WHY SHE WAS HERE. GOOD EVENING BOARD MEMBERS. YOU KEPT SEEING ME COME BACK. . SO THE UH, NEXT REQUEST IS FOR VARIANCES AT 9 0 1. 9 0 5 MIDDLETON DRIVE. THOSE [00:10:01] ARE THE TWO PROPERTIES THAT ARE SHOWN. THEY'RE REQUESTING A FRONT YARD SETBACK AND SIDE YARD SET EXISTING STRUCTURES AND ALSO FOR THE REDUCTION OF THE REQUIRED LOT WIDTH. SO THIS IS KIND OF A SURVEY. UM, THE RED BOLD DASH LINE IS WHERE I'M SHOWING THE PROPOSED LOT LINE WOULD BE IF THEY WERE ALLOWED TO REDUCE THE LOT WIDTH. EVEN WITH THAT, THEY STILL DO NOT MEET THE FIVE FOOT, UH, SIDE YARD REQUIREMENT ON THE LOT ONE AND LOT TWO BECAUSE THEY HAVE THE EXISTING ONE STREET BRICK STRUCTURES. UM, THEY ALSO DO NOT MEET THE FRONT YARD SETBACK BECAUSE DUE TO THE EXISTING STRUCTURE. SO THIS AREA WAS SUBDIVIDED BACK IN 1926 OR SO, NOT TOO LONG AGO, UH, . AND WE DID NOT FIND ANY RECORD OF ANY BUILDING PERMITS. AND WE CANNOT CONFIRM IF THE SECONDARY STRUCTURE ON THE LOT WAS ACTUALLY BILLED OR EVEN REMODELED WITH PERMITS. WE FOUND NO RECORDS. UM, SO THE REQUEST IS THAT THE PROPERTY OWNER WANTS TO BE ABLE TO RE PLOT THE LOT SO THAT SHE CAN MARKET THE EXISTING HOUSE ON LOT ONE AS A SINGLE FAMILY HOME. AND ANOTHER THE SECOND THERE STRUCTURE ON LOT TWO AS ANOTHER SINGLE FAMILY HOME. THAT'S WHERE STAFF HAS CONCERNS AND THAT IS THE REASON WHY WE COULD NOT SUPPORT. UM, THE CONCERN IS THAT THE SECONDARY BUILDING WAS NEVER CONSTRUCTED WITH A BUILDING PERMIT. SO WE DON'T KNOW IF IT WILL ACTUALLY BE ABLE TO FUNCTION AS A SINGLE FAMILY HOME, MEANING ALL THE FIRE CODE AND BUILDING CODE AND EVERYTHING ELSE. WE HAVE ASKED APPLICANT TO TRY TO DEMONSTRATE THAT BEFORE THIS EBA MEETING, BUT SHE WAS NOT ABLE TO. SO WHOEVER BUYS THE HOUSE IN THE FUTURE, IF THEY WANNA OCCUPY THE HOUSE, THEY WILL BE RESPONSIBLE FOR DEMONSTRATING THAT BEFORE THEY'LL BE ABLE TO MOVE INTO THE BUILDING. UM, ANOTHER THING IS THAT, UM, THEY DO HAVE, SO YOU CAN KIND OF SEE THAT THERE'S NO DRIVEWAY SHOWN ON ANYWHERE ON THIS, UM, SURVEY. SO THE SMALL AREA BETWEEN THE TWO LOTS ARE CURRENTLY FUNCTIONING AS UNPAVED INTERNAL YARD. SO THE PICTURES THAT I HAVE TAKEN KIND OF SHOWS WHERE THE OLD DRIVEWAY OPENING WAS, WHERE THE GARAGE COULD HAVE POSSIBLY BEEN PART OF THE BUILDING THAT'S PROBABLY BEEN RENOVATED SINCE THEN. SO THEY HAVE THIS YARD WHERE A CAR COULD TECHNICALLY GET IN THERE AND THEN PARK OFF STREET IF THEY WANTED TO. BUT WHEN STEPH WENT OUT THERE AND WALKED AROUND THE ENTIRE PROPERTY LINE JUST TO MAKE SURE WHERE COULD BE THE HINT OF GARAGE CONVERSIONS OR ANY GARAGE DOORS EVER EXISTING? I WASN'T ABLE, NOT ABLE TO FIND IT. DOESN'T MEAN IT WAS NEVER THERE. IT MIGHT HAVE BEEN CONVERTED LATER ON. WHO KNOWS. WE DON'T HAVE ANY RECORD OF ANY REMODELS EITHER. SO WITH THAT SAID, UM, STEPH FEELS THAT IT WILL BE PROBABLY IN THE BEST INTEREST OF, UH, FUTURE PROPERTY OWNERS OR WHOEVER PURCHASED THESE HOME FOR THESE TWO STRUCTURES TO REMAIN ON THE SAME LOT. IF SHE REALLY HAD A CONCERN ABOUT, UH, SELLING THE PROPERTIES BECAUSE OF THE ENCROACHMENT OF THE FIRST BUILDING, SHE DOESN'T HAVE A, SHE DOES HAVE AN OPTION OF REPLANTING THE LOTS INTO ONE THAT WILL RESOLVE THE LOT LINE ISSUE. WE'RE JUST AFRAID THAT IF WE ALLOW THE LOT LINE TO SHIFT, THEN IT WILL NO LONGER HAVE ANY, UH, PREVENTATIVE MEASURES THAT A FUTURE BUYER CAN FIND FROM ANY PUBLIC RECORD. THAT THERE IS SOME OTHER ISSUES WITH THE SECONDARY BUILDING. THERE'S NOT REALLY A WAY FOR US NOTE THAT PUBLICLY. RIGHT. THAT CONCLUDES MY PRESENTATION. DO YOU HAVE ANY, UH, QUESTIONS? I'M SORRY. SO WE SENT OUT 42 NOTIFICATIONS. WE DID RECEIVE ONE OPPOSITION LETTER, WHICH WAS INCLUDED IN YOUR PACKET, UH, FROM THE NEIGHBOR SAYING THAT THERE'S A LOT OF ON STREETE PARKINGS CONCERNED ABOUT THE PARKING. LIKE I SAID, THESE TWO PROPERTIES CURRENTLY DOES NOT HAVE ANY PLACE TO PARK VEHICLES. IF THESE WERE PLUGGED INTO THE TWO LOTS, OUR STAFF IS KIND OF CONCERNED THAT THE LOT ONE ON THE CORNER WILL NOT HAVE ANY PLACE TO ADD ANY ADDITIONAL PAVEMENT OR A DRIVEWAY FROM A STREET TO ACCESS THAT PAVEMENT BECAUSE THEY ARE SITTING ON A PRETTY STEEP HILL AS SHOWN. OKAY. ANY QUESTIONS FOR STEPH? UH, QUESTIONS TO MY LEFT? ANY QUESTIONS TO MY RIGHT? I DON'T BELIEVE SO DO. THANK YOU. ALL RIGHT, THANK YOU. THIS WILL CONCLUDE OUR STAFF BRIEFING. WE'LL ADJOURN UNTIL 6:00 PM FOR OUR REGULAR MEETING. [Call to Order] WELCOME TO THE CITY OF GRAND PRAIRIE ZONING BOARD OF ADJUSTMENT AND APPEALS MEETING OF APRIL 17TH, 2023. I'M BARRY SANDIS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS. THIS MEETING IS HEREBY CALLED TO ORDER AT 6:02 PM THE ZONING BOARD OF ADJUSTMENTS USUALLY MEETS A THIRD MONDAY OF EACH MONTH. ALL MEETINGS ARE VIDEO RECORDED. NO OFFICIAL ACTION MAY BE TAKEN UNLESS PROPER APPLICATION HAS BEEN SUBMITTED THROUGH THE PLANNING DEPARTMENT. THE ZONING BOARD OF ADJUSTMENT IS APPOINTED BY THE CITY COUNCIL TO CONSIDER VARIANCES EXCEPTIONS, APPEALS AS [00:15:01] PRESCRIBED BY THE CITY OF GRAND PRAIRIE'S UNIFIED DEVELOPMENT CODE AND FOLLOWS A PRINTED AGENDA THAT IS AVAILABLE ONLINE IN ACCORDANCE WITH SECTION 2 1 1 0.009 OF THE TEXAS LOCAL GOVERNMENT CODE. THE CONCURRING VOTE OF SEVEN. AND THAT'S IMPORTANT FOLKS, SEVEN MEMBERS OF THE BOARD. BOARD IS NECESSARY TO DECIDE IN FAVOR OF ANY MATTER ON WHICH THE BOARD HAS JURISDICTION. MEMBERS OF THE PUBLIC MAY ADDRESS THE BOARD ON ITEMS LISTED UNDER A PUBLIC HEARING. ONCE AGAIN, WE HAVE EIGHT UP HERE RIGHT NOW, FULL BOARD BEING NINE, BUT WE HAVE EIGHT. SIX TO ONE IS STILL GONNA BE, OR SIX TO TWO IS A LOSER. FIVE TO THREE IS A LOSER. YOU'VE GOTTA HAVE SEVEN VOTES TO APPROVE ANY KIND OF VARIANCE. I'LL NOW CONDUCT A ROLL CALL OF MEMBERS TO CONFIRM THE PRESENCE OF A QUORUM. AFTER I CALL YOUR NAME, PLEASE SAY HERE. BARRY SANDIS. HERE. KIMBERLY YARO. HERE. DAVID BAKER. HERE. ERICA DEAN. HERE. DEBBIE ACHE. HERE. CLAYTON HUTCHINS. HERE. ANTHONY LANGTON. HERE. LINDA ROGERS. HERE. LET THE RECORD SHOW THAT WE HAVE EIGHT MEMBERS PRESENT. DO HAVE A QUORUM AND CAN PROCEED. NOW WE'LL TURN TO THE INVOCATION. AND IF I CAN ASK MR. BAKER TO GO AHEAD AND GIVE THE INVOCATION, DEAR FOLLOW, WE COME TONIGHT. JUST KEEP US SAFE. HELP US DO THE RIGHT THING FOR THE CITY OF GRAND PRAIRIE. THIS GREAT CITY YOU'VE GIVEN US. LORD, THANK YOU FOR THIS GREAT WEATHER WE'RE HAVING. WE HAVE SAYING YOUR NAME. AMEN. AMEN. THUS JUST IN OUR NINTH MEMBER HAS SHOWN UP . SO I WANT THE RECORD TO REFLECT IF YOU'LL HAVE A SEAT THERE, TIMOTHY. AND ONCE YOU'RE IN FRONT OF A MIC, WE WILL OFFICIALLY FOUR THE AUDIO. SO NOW YOU HAVE NINE MEMBERS HERE. SO YOU GOT YOUR BEST POSSIBLE SHOT. I LIKE THAT. UH, I'M GONNA GET A CON CONFIRMATION THAT YOU'RE HERE. TIMOTHY, TURN YOUR MIC ON TIMOTHY DUPO. STAY HERE. HERE. OUTSTANDING. ALL RIGHT. IN AN EFFORT TO MINIMIZE DISRUPTIONS, THE FOLLOWING MEETING GUIDELINES WILL APPLY. STAFF WILL PRESENT FIRST ON ANY AGENDA ITEM. APPLICANTS HAVE 30 MINUTES TO PRESENT ONCE THE APPLICANT HAS SPOKEN TO EACH MEMBER OF THE PUBLIC WHO FILLS OUT A SPEAKER CARD, WHICH WENT AWAY. NOW THERE THEY'RE, UM, WE'LL HAVE TIME TO SPEAK FOR FIVE MINUTES WITH ADDITIONAL TIME ALLOWED AT THE DISCRETION OF THE CHAIRMAN. SPEAKER SHOULD GIVE THEIR NAME AND ADDRESS RIGHT AT THE TOP. FIRST THING YOU SAY, NAME AND ADDRESS FOR THE RECORD, ALONG WITH WHO YOU MAY REPRESENT. THE STAFF WILL BE AVAILABLE TO RESPOND TO ANY QUESTIONS ON EACH ITEM. AN INDIVIDUAL WHO'D LIKE TO SPEAK ON A TOPIC NOT LISTED ON THE AGENDA SHOULD SPEAK UNDER THE HEADING OF CITIZEN COMMENTS. OUR FIRST [1. Approval of the March 20, 2023 Meeting Minutes] ACTION ITEM OF THE NIGHT IS APPROVAL OF THE MINUTES OF THE MEETING OF MARCH 20TH, 2023. IS THERE ANY MEMBER OF THE BOARD WHO WISHES TO SPEAK ON THESE MINUTES? ANY MEMBER OF THE PUBLIC WISHING TO SPEAK? IF NOT, I'LL ACCEPT A MOTION TO APPROVE. MR. CHAIRMAN, I MAKE A MOTION TO APPROVE THE MINUTES FOR MARCH 20TH, 2023. I HAVE A MOTION FROM MR. BAKER AND A SECOND FROM MR. LANGSTON. AND YOU DISCUSSION? ALL THOSE IN FAVOR OF APPROVAL, PLEASE RAISE YOUR HAND. SAY AYE. AYE. AYE. ANY OPPOSED? THE MINUTES ARE APPROVED BY NINE TO ZERO, WHICH WILL TAKE US TO OUR ACTUAL PUBLIC HEARING. [2. ZBA-23-03-0020 (Council District 1) – Special Exception for a side yard carport, located at 2517 Huntwick Drive, legally described as Lot 5, Block 6, Nottingham Estates No. 6 Addition, City of Grand Prairie, Tarrant County, Texas, zoned Single Family-One Residential District] AND THE FIRST ONE I UNDERSTAND, DO WE NEED TO HAVE A MOTION TO TABLE? YES. TO CLEAN IT UP. ALL RIGHT. YEAH. AGENDA ITEM NUMBER TWO. ZBA 23 0 3 0 2. UH, THE APPLICANT REQUESTED A TABLE THE ITEM UNTIL NEXT MONTH MEETING. ALL RIGHT. SO I'LL ENTERTAIN A MOTION AT TABLE. MR. CHAIRMAN, I MAKE A MOTION THEN WE TABLE TILL NEXT MONTH. ZBA 23 0 3 0 0 2 OH. I HAVE A MOTION AND A SECOND FROM A VERY QUIET MR. EPO. SO A MOTION FROM MR. BAKER. SECOND FROM MR. EPO. ALL THOSE IN FAVORS. A AYE. AYE. AND OPPOSED. SAME SIGN THAT, THAT TABLE. AND NOW, NOW OUR CUP RUNNETH OVER MR. SMITH. LINDA, YOU ARE WELCOME TO STAY. YOU'RE WELCOME TO GO. OR IT IS, IT'S YOUR OPTION. DISCRETION. NO, YOU HERE NOW YOU'RE RIDING. NOW HE'S HERE. WELL, MELINDA IS HERE AND WE'RE IN A MEETING. SO IT'S ENTIRELY UP TO MELINDA IF SHE WANTS TO BE EXCUSED. NO, I HAVE A SEAT, ERIC. AND WE'LL, ALL RIGHT, WE'RE HERE NOW. WE WE'RE, WE'RE UP AND ROLLING. ALL RIGHT. WE'LL MOVE ON TO [3. ZBA-23-02-0006 (Council District 5) – Variances to increase the maximum area and reduce the minimum side setback for accessory structures permitted under the Unified Development Code, located at 1610 Pine Street, legally described as Lot 3, Block J, Fairview No. 1 Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District] THE NEXT CASE. GO AHEAD. UH, AGENDA ITEM NUMBER THREE IS DBA 23 0 2 6. THIS IS A REQUEST FOR VARIANCES FOR ACCESSORY STRUCTURES LOCATED AT 1610 PINE STREET. SO THEY'RE REQUESTING TWO VARIANCES AND AN INCREASE OF THE MAXIMUM AREA FOR ACCESSORY STRUCTURES. SO, AS Y'ALL ARE AWARE FROM OUR PREVIOUS CASE, THIS IS BASED OFF OF THE TOTAL SQUARE FOOTAGE OF THE HOUSE. IT'S 50% OF THAT. AND WHENEVER WE CALCULATE WHAT'S ALLOWED VERSUS WHAT THEY HAVE, WE HAD TO CALCULATE ALL THE EXISTING ACCESSORY STRUCTURES. SO WHAT THEY'RE ALLOWED TO HAVE IS 662 SQUARE FEET. THEY ARE AT 840 SQUARE FEET. [00:20:02] ADDITIONALLY, THE DETACHED GARAGE THAT THEY'VE BEGUN BUILDING IS TWO FEET FROM THEIR PROPERTY LINE. THEY ARE REQUIRED TO BE SIX FEET FROM THE PROPERTY LINE. SO THEY'RE ASKING FOR A VARIANCE OF FOUR FEET THERE. THIS IS THE SITE PLAN THAT WAS SUBMITTED. THIS IS A PHOTO OF THE HOUSE. AND AGAIN, THIS IS THAT SUPPORT MAP. SO AS YOU CAN SEE, THEY'VE RECEIVED MULTIPLE LETTERS OF SUPPORT, INCLUDING THE NEIGHBOR DIRECTLY ADJACENT TO THE DETACHED GARAGE. 57 NOTICES WERE SENT TENDER. RETURN IN FAVOR, ZERO RETURN OPPOSED. AND THERE'S NOT AN HOA SO STAFF CANNOT SUPPORT THIS REQUEST. AGAIN, DUE TO THE FACT THAT HAD THEY GONE THROUGH THE APPROPRIATE CHANNEL BUILDING PERMITS, CB, A STAFF WOULD'VE BEEN ABLE TO TELL THEM, YOU ARE ABLE TO BUILD THAT DETACHED GARAGE AND IT CAN MEET OUR STANDARDS, HAVE SPACE FOR THE CAR, AND STILL REACH THAT SIX FEET. UM, BUT STAFF DOES NOTE THAT THEY DO HAVE THE SUPPORT OF THE ADJACENT NEIGHBOR. AND ADDITIONALLY, WE HAVE A LOT OF NON-CONFORMING HOUSES IN THAT NEIGHBORHOOD JUST DUE TO THE AGE OF THE NEIGHBORHOOD. SO THAT CONCLUDES STAFF PRESENTATION. I'M AVAILABLE FOR ANY QUESTIONS, UH, QUESTIONS TO MY RIGHT FOR STAFF. ANY QUESTIONS TO MY LEFT? ALRIGHT. THANK THE APPLICANT'S NAME IS BRITTANY. WHERE YOU WANNA OFF? IT IS I, MARIA. MARIA, I HAVE, UH, TWO CARDS. I HAVE PASTOR GOMEZ AND JOSE, WHO IS, WHO IS SPEAKING ON BEHALF OF THE APPLICANT. JOSE. JOSE, COME ON DOWN, JOSE. SO WE HAVE, UH, AND I CAN'T EVEN GET CLOSE TO YOUR LAST NAME, JOSE, SO YOU'LL START US OFF. ALRIGHT. SO MY NAME'S JOSE EZ LEN AND I AM SPEAKING, UH, FROM MY PARENTS. OKAY. UH, JOSE EZ AND MARIA EZ. OKAY. SO ORIGINALLY, AS YOU ALREADY KNOW, WE HAD AN EXISTING GARAGE. MM-HMM . SO WE KNOCKED IT DOWN, YOU KNOW, REASON BEING, YOU KNOW, ALL THE, THE SIDING, YOU KNOW, WAS ALL BROKEN. YOU KNOW, THERE WAS ANIMALS COMING IN. AND NOT ONLY THAT, BUT THE, THERE WAS TWO DIFFERENT FOUNDATIONS. UM, THE ONE THAT'S EXISTING IS FOR THE PARKING LOT. SO IT WAS AT A PRETTY GOOD LEVEL. AND THEN THE ONE RIGHT AT THE JOINT, UH, GOING TO THE GARAGE WAS DOWN. SO EVERY TIME IT RAINED, YOU KNOW, EVERYTHING KEPT FLOODING. YOU KNOW, OUR, OUR WASHERS, YOU KNOW, MY DAD'S TOOLS, LAWNMOWERS, ET CETERA, AND ANIMALS KEPT COMING IN. SO IN THE BE OF A HEARTBEAT, YOU KNOW, WE KNOCKED IT DOWN. WE BOUGHT ALL THE MATERIAL, STARTED BUILDING IT. AND YOU KNOW, I KNOW YOU MAY ASK WHY WE DIDN'T GET A PERMIT. SO, YOU KNOW, YOU KNOW, THAT WAS ON OUR END. AND SO KNOW WE APOLOGIZED FOR THAT. AND, YOU KNOW, DURING THE PROCESS OF, YOU KNOW, OBTAINING A PERMIT, UH, YOU KNOW, WE, WE DIDN'T KNOW ABOUT THE NEW REGULATIONS, YOU KNOW, CODES. AND, YOU KNOW, ONE OF THEM THAT'S PRESENTED WAS THE, YOU KNOW, THE, THE SIX FEET, UH, MINIMUM FROM OUR, FROM THE MIDDLE, UH, PROPERTY LINE, FROM OUR, OUR LEFT NEIGHBOR. AND YOU KNOW, IT, MY WHOLE LIFE THAT I'VE LIVED THERE, YOU KNOW, THERE'S NEVER BEEN AN ISSUE. WE LITERALLY BUILT THE, THE NEW GARAGE THE SAME WAY THAT THE PREVIOUS GARAGE WAS AT. AND THERE WAS NEVER NO ISSUE. UM, YOU KNOW, SO WE'RE HERE PRETTY MUCH, YOU KNOW, JUST ASKING FOR APARTMENT FOR, YOU KNOW, TO, SO, SO THE OLD GARAGE WAS JUST AS CLOSE TO THE FENCE AS THIS IS? NO, IT, IT, IT'S EXACTLY THE SAME. YOU KNOW, WE POURED THE FOUNDATION TO, TO BE EVEN WITH THE, THE FOUNDATION OF THE PARKING LOT. SO, YOU KNOW, THAT'S ALREADY BEEN POURED. UH, PRETTY MUCH THE WHOLE BUILDING, THE WHOLE GARAGE IS ALREADY UP. YOU KNOW, IT'S JUST, YOU KNOW, THERE WAS A, A CITY INSPECTOR THAT PUT A, A HOLD TO IT. OKAY. YOU KNOW, WE GOT, WE ALSO RECEIVED THE SIGNATURES FROM NEIGHBORS SURROUNDING, THEY SHOWED, YOU KNOW, THEY WERE LIKE, HEY, YOU KNOW, WE PRESENTED THEM WITH THE SITUATION. WE TOLD 'EM, HERE'S WHAT'S GOING ON, YOU KNOW, ARE YOU FOR IT OR AGAINST IT? AND THEY WERE LIKE, NO, NO, NO, THERE'S NO NO ISSUE. AND, YOU KNOW, UH, ESPECIALLY FROM OUR, OUR LEFT NEIGHBOR, YOU KNOW, WHERE YEAH. HE'S THE MOST EFFECTIVE. THE PROPERTY LINE, YOU KNOW, SHE WAS LIKE, NO'S LIKE THERE'S NEVER BEEN AN ISSUE. I DON'T SEE WHY ALL OF A SUDDEN THERE NEEDS TO BE AN ISSUE. OKAY. SO, YOU KNOW, AND YOU KNOW, WE HAVE MATERIAL LAYING DOWN, YOU KNOW, SIDING, YOU KNOW, ROOFING AND YOU KNOW, WE'VE BEEN TRYING TO GET A PERMIT FOR ALMOST FIVE MONTHS ROUGHLY. AND, YOU KNOW, ALL THE MATERIALS EXPOSED, YOU KNOW, WITH THE WEATHER, YOU KNOW, IT'S SLOWLY STARTING TO, STARTING TO DETERIORATE. YES. WHEN YOU GET AN ANSWER ON THIS IS BASICALLY THAT'S, YOU KNOW. YEAH. ALL RIGHT. ANY QUESTIONS FOR THIS GENTLEMAN? UH, TO MY RIGHT, TO MY LEFT, I SEE NO QUESTIONS. THAT PRETTY MUCH EXPLAINS, SOUNDS LIKE YOU'VE JUST TRIED TO STOP THE FLOODING AND WENT NO WORSE THAN YOU ALREADY WERE HERE WITH A, IT'S NOT LIKE WE MOVED IT TO THE FENCE. NO, NO, NO. WE DID. THAT WAS ALREADY THERE. YEAH. THAT TELLS ME WHAT I NEED TO DO. THAT'S, THAT'S, THAT GIVES ME MY THOUGHTS. ANY QUESTIONS? WE'LL LET YOU GO. THANK YOU, JOSE. APPRECIATE IT. I HAVE ONE OTHER CARD ON THIS CASE. UH, PASTOR GOMEZ, ONCE AGAIN, IF YOU'LL START WITH YOUR NAME AND YOUR ADDRESS AND TELL US WHAT ELSE WE NEED TO KNOW ABOUT THIS. WELL, MY NAME'S PASTOR GOMEZ. I'M AT 1637 S STREET. OKAY. WELL, PRETTY MUCH, UH, MY THING IS, I, WE APOLOGIZE FOR NOT DOING THE RIGHT STEPS. MM-HMM . AND PRETTY MUCH MY COUSIN, UH, SUMMED IT UP AGAIN. WE APOLOGIZE FOR JUST KIND OF, KIND OF, OOPS. YEAH, THAT'S ALL RIGHT. WE GOT, THAT'S WHY WE GOT A BOARD FOR ADJUSTMENTS AND VARIANCES LIKE THAT. BUT, UH, I, [00:25:01] I KIND OF UNDERSTAND IT BETTER THAT THE OLD GARAGE WAS RIGHT IN THE SAME YEAH. LIKE WE DIDN'T MOVE NOTHING. EVERYTHING'S EXACTLY THE SAME FOOTPRINT. IT'S JUST LIFTED UP WHERE IT'S SUPPOSED TO BE NOW. YEAH. SO YOU DON'T FLOOD. ALL RIGHT. ANY QUESTIONS FOR MR. GOMEZ? THANK YOU, SIR. APPRECIATE YOU COMING DOWN. ANYONE ELSE WISH TO SPEAK IN SUPPORT OF THIS CASE? 0 0 0 6. ANYONE WISHING TO SPEAK IN OPPOSITION TO 0 0 0 6 SAYING NONE. I'LL ENTERTAIN DISCUSSION OR A MOTION? MR. CHAIRMAN, I'LL MAKE A MOTION THAT WE CLOSE AND APPROVE ZBA 2 3 0 2 0 0 6. I HAVE A MOTION FOR MR. BAKER. A SECOND FOR MS. ROGERS. ANY FURTHER DISCUSSION? SAYING NONE. ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. SAY AYE. AYE. AYE. AND OPPOSED SAME SIGN. SO BY ACCOUNT OF EIGHT TO ONE, THE VARIANCE IS APPROVED. OKAY, [4. ZBA-23-03-0015 (Council District 3) – Special Exception for a conversion of a garage into living space, located at 1613 Kingston Drive, legally described as Lot 9, Block D, Kingston Square No. 2 Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Two Residential District] MOVING ON. GO AHEAD BRITTANY. OKAY. AGENDA ITEM NUMBER FOUR IS ZBA 23 0 3 0 0 1 5. SO THIS IS A SPECIAL EXCEPTION FOR GARAGE CONVERSION LOADED AT, LOCATED AT 1613 KINGSTON DRIVE. THIS IS A SITE PLAN. THEY SHOW THEY SUBMITTED TO STAFF. IT'S AN EXISTING GARAGE CONVERSION. SHE SAID THAT SHE DID IT A LONG TIME AGO, IS NOW COMING THROUGH, REALIZING SHE NEEDS TO GET CBA APPROVAL AND BUILDING PERMITS. YOU CAN SEE HERE IT'S ALREADY ENCLOSED WINDOWS, DOORS BEING USED AS A CURRENT LIVING SPACE AS OF RIGHT NOW. UM, THERE ARE EXISTING GARAGE CONVERSIONS IN THE NEIGHBORHOOD, BUT SHE IS OUTSIDE OF THAT 300 FOOT BUFFER, WHICH IS WHY SHE'S BEFORE THE BOARD. 57 NOTICES WERE SENT OUT. ZERO. RETURN IN FAVOR. ZERO POSTS ARE NOT HOA AND STAFF DOES NOT OBJECT AND IS AVAILABLE FOR ANY QUESTIONS. ANY QUESTIONS OF STAFF ON THIS ONE TO MY LEFT? AM I RIGHT? THANK YOU. BRITTANY. DO WE, IRMA IS THE APPLICANT. 15 IS WHAT'S THE APPLICANT'S NAME? IRMA. I DON'T SEE HER THOUGH. IRMA. I DON'T SEE HER. I DON'T EVEN HAVE A CARD. SO THIS MIGHT BE A SPEECHLESS PRESENTATION. WE HAVE STAFF'S PRESENTATION. DO GO ON ANY UH, ANYONE ELSE HERE TO SPEAK IN SUPPORT OF THIS CASE? ANYONE HERE IN OPPOSITION? IF NOT, I'LL ENTERTAIN DISCUSSION OR A MOTION. MR. CHAIRMAN, I MAKE A MOTION AND WE CLOSE AND APPROVE ZBA 2 3 0 3 0 0 1 5. SECOND I HAVE A MOTION FROM MR. BAKER. A SECOND FOR MS. EK. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND, SAY AYE. AYE. AYE. ANY OPPOSED? SAME SIGN. MOTION TO APPROVE. NINE TO ZERO. [5. ZBA-23-03-0018 (Council District 3) – Special Exception for a conversion of a garage into living space, located at 1105 Las Palmas Drive, legally described as Lot 25, Block N, Vista Grande Estates No. 3 Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Three Residential District.] NEXT ONE, BRITTANY. ALL RIGHT. AGENDA ITEM NUMBER FIVE ZBA 23 0 3 0 1 8. ANOTHER SPECIAL EXCEPTION FOR GARAGE CONVERSION. THIS ONE IS LOCATED AT 1105 LAS PALMAS DRIVE. THIS IS THE SITE PIN THAT WAS SUBMITTED TO STAFF. AGAIN, IT'S A SINGLE CAR GARAGE THAT'S BEING CONVERTED THAT THEY WANT TO CONVERT INTO A LIVING SPACE. BECAUSE THEY HAVE THAT LONG NARROW DRIVEWAY, THEY'RE HAVING TO PUT A ADDITIONAL CONCRETE DOWN, WHICH THEY'VE AGREED TO DO SO. THEY CAN GET TWO OFF STREET PARKING SPACES, WHICH IS REQUIRED BY THE UDC FOR GARAGE CONVERSION. AGAIN, THEY'RE NOT WITHIN THE 300 FOOT BUFFER, BUT THERE ARE EXISTING GARAGE CONVERSIONS WITHIN THIS NEIGHBORHOOD. 50 NOTICES SENT ZERO. RETURN IN FAVOR. ZERO OPPOSED. AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT AS REQUESTED AND IS AVAILABLE FOR ANY QUESTIONS. QUESTIONS. AM I RIGHT, ? YES. OH, I'M SO SORRY. THANK YOU. NEED TO POUR THE CONCRETE. SO IF THE BOARD CHOOSES TO GRANT THE APPLICANT'S REQUEST, STAFF RECOMMENDS FOLLOWING ADDITIONS THAT THEY PROVIDE TO OFF STREET PARKING SPACES. THIS IS THE ADDITIONAL CONCRETE. THANK YOU, CLAYTON. HE'S GOOD. I KNOW. ANY OTHER QUESTIONS? HE'S GOT LITTLE NOTES, , UH, QUESTIONS ON MY LEFT? THANK YOU, BRITTANY. THANK YOU. NOW, THE APPLICANT ON THIS ONE. IS THAT SABINO? YES. SABINO. VIA. YOU'D LIKE TO COME ON DOWN? I HAVE THREE CARDS ON THIS ONE. I'M WONDERING, UH, WE SPEAK YES. YES. DO YOU UNDERSTAND THE STIPULATION ABOUT PUTTING OFF STREET PARKING CONCRETE? 'CAUSE IF WE'RE GONNA APPROVE THIS, WE WOULD MAKE THAT A STIPULATION. SO WE'RE GOOD. I I JUST, I JUST DIDN'T WANNA, WANNA MOVE FORWARD WITHOUT THAT BEING CLEAR, BUT IT SOUNDS LIKE YOU'VE GOT THAT COVERED. DOES ANYONE ELSE HAVE ANY CLARIFICATIONS FOR THE APPLICANT? THAT'S ALL WE NEED, SIR. THANK YOU. OKAY. OKAY. MM-HMM . WAIT, I HAVE TWO, I HAVE TWO MORE CARDS HERE. OKAY. OR A MILLIE, OR EXCUSE ME. MIKE [00:30:01] WILLER OR A MARGARITA CHE? YES, SIR. DO BOTH. IS THAT FOR THIS CASE? YES, SIR. OH, COME ON DOWN GUYS. GO. ALL RIGHT. ONE AT A TIME. START WITH YOUR NAME AND YOUR ADDRESS, WHOEVER WE'RE GONNA HEAR FROM FIRST. ALL RIGHT. UH, MIKE FUS. UH, 1101 LAS PALMAS DRIVE. ALL RIGHT, SIR. UH, CORNER HOUSE, UH, IF I'M UNDERSTANDING RIGHT, WHAT Y'ALL ARE SAYING IS HE'S GOING TO, UH, CONVERT THE LIVING, UH, GARAGE TO LIVING SPACE, RIGHT? CORRECT. OKAY. UH, I DON'T KNOW IF IT'S BEEN SEEN OR ON THE PICTURES, BUT THERE'S ALSO A SIDE DOOR HE ADDED. I HAVE PICTURES, UH, ON THE, BETWEEN THE HOUSES, A SIDE FRONT DOOR AND ADDED TWO WINDOWS. OKAY. AND PRIOR TO THIS, HE HAD, UH, IT LOOKS LIKE THERE WAS SOME SORE PLUMBING DONE. SO TO ME, OR TO MY, TO ME AND MY WIFE, IT LOOKS LIKE THEY'RE MAKING IT LIKE A DUPLEX OR LIKE MULTIPLE LIVINGS AND OKAY. CHANGING THE GARAGE IS NOT A PROBLEM. 'CAUSE ANYBODY, EVERY, THE HOUSES ARE SO SMALL NOWADAYS. THAT'S FINE. THERE'S A LOT OF THOSE IN YOUR NEIGHBORHOOD, RIGHT? YEAH. YEAH. EVERYBODY CLOSING THE GARAGE IT SEEMS LIKE. SO, BUT I MEAN, LIKE PUTTING THE DOOR, THE, LIKE A FRONT DOOR, LIKE A ANOTHER DOOR AND TWO WINDOWS ON THE SIDE OF THE HOUSE AND THEN THEY DID PLUMBING WORK. AND THEN, UH, THE CONCRETE I CAN UNDERSTAND 'CAUSE THERE'S NOT REALLY SPACES TO PARK IN OUR NEIGHBORHOOD, BUT I MEAN, THAT'S JUST AN ISSUE THAT I WAS HAVING. SO YOUR, YOUR CONCERN IS NOT THE GARAGE CONVERSION, IT'S, IT'S THAT THIS IS SETTING IT UP TO BE A, A SUBLEASE OR A DUPLEX SITUATION. CORRECT. QUESTION TO STAFF OR LEGAL COUNSEL. THEY CAN'T DO THAT JUST FOR THE GARAGE CONVERSION, CAN THEY? NO, THEY CANNOT. AND SO THEY HAVE GONE THROUGH, UM, THEY'RE DOING PERMITTING RIGHT NOW FOR PAVING. I WANNA SAY THEY'RE PERMITTED FOR THE PLUMBING, BUT I'D HAVE TO DOUBLE CHECK AS WELL. I WAS GOING THROUGH THEIR PERMITS. I MEAN, IF, IF YOU'RE CONCERNED IS THAT THEY'RE GONNA HAVE A WHOLE NOTHER SET OF PEOPLE LIVING THERE AND RENTING IT OUT A WHOLE NOTHER SET OF CARS. RIGHT. THEY CAN'T DO THAT. BUT ONE THING ABOUT THE CARS, IF WE MAKE A MOTION, AND IT, IT DEPENDS ON HOW THE VOTES GO TONIGHT, BUT IF WE MAKE THE MOTION A I'M, I'M VERY CERTAIN THAT PART OF THE MOTION IS GONNA BE, THEY'RE GONNA HAVE TO POUR MORE CONCRETE TO THE LEFT OF THE EXISTING DRIVEWAY SO YOU CAN PARK TWO CARS. SO THEY'RE NOT STICKING DOWN ON THE SIDEWALK AND THEY'RE NOT STICKING. OKAY. BUT THAT'S TWO CARS WE'VE SEEN UP TO SIX CARS. SO, AND THIS HAS BEEN GOING ON SINCE NOVEMBER. OKAY. I MEAN, I'M NOT TRYING TO, I NO, I UNDERSTAND. I, I UNDERSTAND. AND, AND THAT'S WHY WE'RE HERE TO TALK ABOUT THESE CASES AND GET THE FULL PICTURE OF EVERYTHING BEFORE WE MAKE ANY DECISIONS. SO, SO THEY ONE STAFF PART OF THE BUILDING PARENT PROCESS IS THAT IT DOES HAVE TO BE INSPECTED BY BUILDING INSPECTIONS. MM-HMM . WE'LL GO UP THERE AND CHECK THE WORK. UM, BUT UNFORTUNATELY STAFF CAN ONLY PRESENT WHAT WE'VE BEEN TOLD. AND SO IT'S KIND OF, IF BUILDING INSPECTIONS CATCHES SOMETHING THEN, THEN THEY POTENTIALLY HAVE TO COME BACK THROUGH FOR VARIANCE. BUT IF THEY'RE DOING A DUPLEX SITUATION, THAT WOULDN'T BE ALLOWED NECESSARILY IN THE ZONING DISTRICT. WE HAVE TO RESEARCH, THEY'D HAVE TO GO THROUGH ZONING PROCESS CHANGE POTENTIALLY. SO WAS THE DOOR A PERMIT PERMITTED ALREADY? I'D HAVE TO CHECK FOR THAT. OKAY. THAT'S, BUT I CAN TELL YOU NOW THAT IT'S GOT A CASE NUMBER AND IT'S BEFORE US, IT'S VERY MUCH ON THE RADAR FOR EVERYTHING. SO EVERY STEP GOING FORWARD WILL BE A BUILDING INSPECTION THING. AND THE MANDATING THE, THE CONCRETE AS, AS MIKE SAID, WE, WE HAVE CLOSED IN GARAGES. I'LL TELL, I I HAD THAT ONE. I WAS YEAH, WE HAVE IT AND WE ALL HAVE IT ON PERMIT. RIGHT. SO SOMETHING THAT JUST FOR Y'ALL TO KNOW WHAT GETS APPROVED BY ZBA, THAT'S WHAT HAS TO BE SUBMITTED FOR THE BUILDING PERMIT. AND THE BUILDING PERMIT NEEDS TO MATCH WHAT GETS APPROVED HERE AND THEN, 'CAUSE WE'RE ON THAT REVIEW AS WELL. AND SO THEN WHEN BUILDING INSPECTORS GO OUT, THAT HAS TO MATCH WHAT WAS APPROVED ON THE BUILDING PERMIT. SO IF SOMETHING DOESN'T MATCH, THEN THEY WILL BE REQUIRED TO COME BACK THROUGH FOR WHATEVER PROCESSES TO GET THE RIGHT PERMISSIONS. OKAY. AND STAFF DOES GO OUT THERE AND INSPECT THE WORK. AND AS FAR AS CARPORT, IS IT GONNA BE A FLAT CARPORT OR IS IT GONNA BE TO WHERE THE WATER YOU'RE TALKING ABOUT GARAGE? THEY HAVE NOT APPLIED. NO, WE'RE JUST TALKING ABOUT THE GARAGE. NOT THE CAR. I THOUGHT THIS HAD SAID CARPORT. IT MAY HAVE BEEN UNDER THE CODE OF CLOSING ON GARAGE AND HAVING, YOU GOTTA HAVE ALL STREET PARKING. OKAY. SOMEWHERE TO GET, YOU CAN'T JUST HAVE ALL YOUR VEHICLES IN THE PARKING. THERE'LL BE CODE ENFORCEMENT. THE ONLY THING BEFORE US AS A ZONING BOARD IS WHETHER YOU CAN CLOSE IN A GARAGE, WHICH I THINK FROM YOUR OWN TESTIMONY, WE KINDA AGREE. YEAH. THAT HAPPENS. YEAH. AND YOU DON'T HAVE A PROBLEM WITH THAT. YOU JUST HAVE A PROBLEM WITH 'EM WRITTEN OUT TO, YOU KNOW, AN ENTIRE FAMILY AND 25 CARS SHOWING UP. YEAH, IT'S JUST A DOOR THAT'S IN BETWEEN TWO HOUSES. IT'S A, A FRONT DOOR. IT'S NOT LIKE A GARAGE DOOR THAT YOU'RE GONNA COME OUT AND TAKE OUT THE TRASH. IT'S NOT COVERED BY A FENCE OR ANYTHING. IT'S A DOOR WITH TWO WINDOWS. LIKE A FRONT, IT'S LIKE A, LIKE THE FRONT OF THE HOUSE AND THE SIDE OVER THERE. YES. I GOTCHA. UH, I CAN ASSURE YOU THAT THE CODE ENFORCEMENT IS VERY MUCH AWARE OF IT SINCE WE'RE BEING RECORDED AS WE SPEAK . SO AS, AS FAR AS US, WHAT WE WILL PROBABLY DO IS JUST ALL WE, ALL THAT'S BEFORE US IS WHETHER THAN CLOSE IN THE GARAGE. OKAY. ANYTHING THAT'S A VIOLATION OF JUST PERSONAL USE OF YOUR HOUSE HAVE CLOSING THE GARAGE. IT'S REALLY NOT BEFORE US, BUT IT'S SOMETHING THAT CODE ENFORCEMENT AND LIKE BRITTANY SAID, THE STAFF SITS IN [00:35:01] ON THOSE MEETINGS. YEAH. BECAUSE I KNOW IT'S PLUMBING. BUT IF IT'S LIKE A STORAGE PLUMBING, YOU REALLY DON'T WANT THAT TO BE. ABSOLUTELY. AND THAT'S AN ISSUE DONE WITHOUT PROPER. AND IT'S GOOD THAT YOU GUYS CAME DOWN HERE. 'CAUSE NOW EVERYBODY THAT NEEDS TO KNOW IS AWARE OF EVERYTHING TO KIND OF KEEP AN EYE, MAKE SURE IT'S ALL ON ABOVEBOARD AND WHAT WE SAY WE'RE GONNA DO IS WHAT WE'RE GONNA DO AND CORRECT. SO I APPRECIATE YOU COMING DOWN AND TAKING TIME OUT TO COME DOWN HERE. UH, BUT IS THAT IN A NUTSHELL, WHAT WAS YOUR BIGGEST CONCERN? IS ULTIMATE USE BEING SOMETHING BESIDES JUST A CLOSED IN GARAGE? CORRECT. BECAUSE I MEAN, IS THAT FAIR? MORE USAGE IS MORE PEOPLE, MORE CARS. I GOT, I I UNDERSTAND. I UNDERSTAND A HUNDRED PERCENT WHAT YOU MEAN ON THAT. AND I WANNA BE FAIR 'CAUSE UH, YEAH, OUR GRAND PRAIRIE'S GOT A LOT OF HOUSES THAT ARE SMALL SQUARE FOOTAGE WHERE IT DOES MAKE SENSE TO CLOSE IN THE GARAGE. OUR CONCERN IS TRY TO KEEP THE VEHICLES OFF STREET. THAT'S WHY WE'RE GONNA PUT IN SOMETHING ABOUT THE CONCRETE SO THAT YOU GOTTA PUT'EM OFF. 'CAUSE YOU DON'T WANT 'EM ACROSS YOUR YARD AND YOU DON'T WANT TO HAVE AND WHAT, WHAT IS THAT? UH, I DIDN'T UNDERSTAND WHAT Y'ALL WERE SAYING TO HIM ABOUT AS FAR AS THE CONCRETE. IS IT GONNA BE HAVING TO MEET ON THE SIDE, TOWARDS THE DOOR TOWARDS THAT TREE HE'S GONNA HAVE TO APPLY FOR AND DO IT ALL WITHIN PERMITS LEGALLY TO POUR PROBABLY AN EXTRA FOUR TO FIVE FEET OF CONCRETE ON THAT SIDE INTO THE MIDDLE OF HIS RIGHT UP INTO HR. HE HAS TO HAVE THE TWO CAR SPACE, BUT HE HAS TO, SO HE CAN BRING BOTH OF 'EM UP SIDE BY SIDE. IS HE GONNA HAVE TO CUT THE APPROACHMENT AND NO, PROBABLY NOT. IS WHAT SHE SAID. THAT WOULD BE, THAT'S A CUTOUT. YEAH, THAT WOULD BE THAT THAT HOLE WILL GO THROUGH. THEY, THEY'VE ALREADY APPLIED FOR A PAVING PERMIT AS WELL. SO THAT WILL GO THROUGH STAFF REVIEW TO SEE IF THEY NEED TO MAKE ANY ADJUSTMENTS. BUT AT THIS POINT, GENERALLY THAT GETS REALLY COSTLY WHEN YOU START WANTING CUT CURBS. BUT THAT'S STOP WE DECIDE. YEAH, YEAH, OF COURSE. IT'S, YEAH. ALL OUR, ALL WE ARE HEARING IS CAN WE COMPLETE A GARAGE CONVERSION? BUT IT DOES REQUIRE TO HAVE TWO PARKING SPOTS. WE CAN STIPULATE THAT. YES. YEAH, WE CAN MAKE THAT PART OF IT. BUT AS FAR AS THE OTHER STUFF, I APPRECIATE YOU KEEPING YOUR EYE OUT AND, AND I UNDERSTAND YOUR CONCERNS AND COURSE, YOU KNOW, I DON'T KNOW WHETHER THAT'S BEEN THERE. YOU KNOW, I DUNNO, WE DON'T DUNNO WHAT PARTS ARE THEREFORE WHAT BUILDING PURPOSES, WORKING PURPOSES OR LIVING, CORRECT. I MEAN, CORRECT. SO IS THERE ANYTHING ELSE WE NEED TO HEAR? NO. YOU GUYS GOOD? YEAH. THANK YOU. ALRIGHT. THANKS FOR, THANKS FOR TAKING TIME TO COME OUT FOLKS. I APPRECIATE IT. ALRIGHT. ANY OTHER PEOPLE WITH YES. DID YOU HAVE A QUESTION FOR 'EM? HAS THE UH, NO, FOR THE STAFF. FOR STAFF. OKAY. GO AHEAD MR. EPO. GO AHEAD. HAS THE CONVERSION BEEN STARTED? UH, YES. I BELIEVE THIS CONVERSION HAS BEEN STARTED. THEY WERE STOPPED BY CODE AND THEY WERE TOLD THEY NEED TO COME THROUGH. MM-HMM . KIND OF MADE IT ALL. SO THEY HAVE A CODE CASE CURRENTLY. CODE IS ALSO WORKING WITH, ALL RIGHT, SO IT IS BEFORE CODE. GO AHEAD MR. HUTCHENS. BRITTANY, DID YOU SAY THAT THERE WOULD BE AN ADDITIONAL INSPECTION BY YEAH, SO ANYTHING THAT GOES THROUGH OUR BUILDING INSPECTIONS DEPARTMENT, THEY, THEY, WE HAVE INSPECTORS THAT GO OUT AND MAKE SURE THAT WHAT IS BUILT IS WHAT WAS APPROVED BY STAFF. OKAY. SO PLANNING'S ON THAT REVIEW AS, AS WELL AS BUILDING INSPECTIONS. AND SO WE, IT GETS REVIEWED BY STAFF FIRST AND THEN THE BUILDING INSPECTORS WILL GO OUT AND MAKE SURE IT MATCHES WHAT WAS APPROVED. SO IF THERE IS A CON AVERSION TO A DUPLEX, UH, INSPECTION, PEOPLE WILL FIND THAT. YEAH. IF THEY, YEAH, IF THEY FIND IT, THEN THEY WILL OBVIOUSLY GET A STOP WORK ORDER COMES BACK THROUGH. WELL THEN THAT ONE POTENTIALLY WOULD NOT EVEN BE A ZBA THING. WE DON'T, WE DON'T EVEN SEE IT ANYMORE. YEAH, WE'D HAVE TO WHOLE, THAT'D BE A WHOLE OTHER HOST OF REVIEW THAT STAFF WOULD NEED TO GO THROUGH FOR THAT. I'M, I'M FAIRLY COMFORTABLE THAT THERE'S A LOT OF SAFEGUARDS NOW AND PEOPLE ALERTED THAT YEAH, NEFARIOUS USES OR ILLEGAL USES AREN'T GONNA FLY AT THIS POINT. WOULD IT BE APPROPRIATE TO CALL THE APPLICANT BACK UP TO ASK HIM WHAT THE INTENDED USE OF THE, UH, CONVERSION IS? UH, CERTAINLY ANYTIME THERE'S ANYBODY IN OPPOSITION, YOU DO HAVE AN OPPORTUNITY FOR A REBUTTAL. AND IF YOU COULD COME DOWN AND JUST, I THINK IT'S A FAIR QUESTION. I WANT TO ASK. SO, UM, SIR, COULD YOU COME BACK DOWN SABINA? YEAH. DID YOU CATCH THE QUESTION BEFORE US? I'LL PUT IT IN THE MICROPHONE THAT THERE'S, WHAT DO WE CLOSE IN THE GARAGE IN? ARE WE TRYING TO LEASE IT OUT OR WILL WE, WE JUST PERSONAL USE? NO. OKAY. HE SAYS THAT IT, HE'S GONNA CONVERT IT FOR A LIVING AREA FOR THEMSELVES, FOR THEIR FAMILY. AND THEY ASK HIM DIRECTLY THEY WERE GOING TO RENT IT. HE SAID NO. OKAY. MR. INE, DOES THAT ANSWER YOUR QUESTION? YEAH, JUST AS LONG AS HE'S CLEAR THAT HE WOULD BRING IN ON HIMSELF A HOST OF PROBLEMS IF HE DID TRY TO TURN THIS INTO A RENTAL SPACE. RIGHT. PROBLEM. AS HE MUST CAUSE [00:40:02] OKAY. OKAY. NO. OKAY. YEAH, HE SAID IS GONNA KEEP JUST FOR HIM HIS OWN PERSONAL USE. IT'S CLEAR WE WANT EVERYBODY TO BE ON THE SAME PAGE. UH, NO MISUNDERSTANDINGS. EVERYBODY'S GOT OKAY. OKAY. THE DOOR, HE HAS A DOOR ON THE OUTSIDE. 'CAUSE I ASKED HIM ABOUT THE DOOR ON THE OUTSIDE. HE SAID THAT'S FOR EMERGENCY PURPOSES THAT THEY HAVE ONE ON THE INSIDE, ON THE OUTSIDE. OKAY. THAT HE SAYS HE, THEY DON'T HAVE ANY PLANS TO RENT OUT JUST THAT AREA. OKAY. UH, DOES THAT ANSWER THE QUESTIONS? THE APPLICANT? WE'LL CONSIDER THIS THE REBUTTAL. THANK YOU VERY MUCH. I APPRECIATE IT. ANYONE ELSE WISHING TO SPEAK ON THIS CASE? IF NOT, I'LL ENTERTAIN A MOTION OR DISCUSSION. MR. CHAIRMAN, I'LL MAKE A MOTION THAT WE CLOSE AND APPROVE ZBA 2 3 3 1 8 WITH THE ADDITION OF THE SECOND DRIVEWAY AS APPROVED BY THE CITY. IS THAT A CLEAN MOTION? THAT GOOD? I GUESS SO. MS. EK, YOU SECONDING? I HAVE A MOTION FROM MR. BAKER. A SECOND FOR MS. HUBACHEK. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND, SAY AYE. AYE. A ANY OPPOSED? SAME SIGN. MOTION IS APPROVED. NINE TO ZERO. [6. ZBA-23-03-0022 (Council District 3) – Variance to increase the maximum height for a fence permitted under the Unified Development Code, located at 1309 Avenue C, legally described as Lot 18, Block, B, Lake Crest No. 1 Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District] BRITTANY, TAKE US TO THE NEXT CASE. 0 0 2 2. YES. AGENDA ITEM NUMBER SIX ZBA 23 0 3. 0 0 2 2. THIS IS A VARIANCE FOR OFFENSE. HEIGHT LOCATED AT 1309 AVENUE C. SO THE ALLOWED HEIGHT IS EIGHT FEET. THE REQUESTED HEIGHT AT ITS HIGHEST IS 11 FEET. SO THIS IS THE SITE PLAN. YOU CAN SEE WHERE THEY'RE GOING TO ADD THE FENCE HERE AGAIN, THEY HAVE A FIVE FOOT RETAINING WALL THEY HAD TO PUT UP DUE TO AN, A PRETTY SIGNIFICANT SLOPE ON THEIR YARD. UM, AND YOU CAN SEE HERE, THIS IS WHERE THEY'RE GONNA ADD THE SIX FOOT FENCE ON TOP OF THE FIVE FOOT, WHICH IS WHERE THE RETAINING WALL IS THE HIGHEST. UM, AND AGAIN, THEY'RE WANTING TO COME IN BECAUSE AS YOU CAN SEE, NOT A LOT OF PRIVACY HERE. UM, AND THERE'S SOME SAFETY CONCERNS 'CAUSE THEY HAVE YOUNG CHILDREN AND THE NEIGHBORS HAVE RATHER LARGE DOGS THEY SET. SO THEY'RE WANTING TO PUT UP THAT FENCE JUST FOR SOME PRIVACY AND SAFETY. BUT IT IS GONNA TAKE THEM OVER THAT EIGHT FEET DUE TO THE RETAINING WALL THERE. SO THIS IS ONE OF THE SIDE VIEWS. AND YOU CAN SEE THE RETAIN WALL GETS SHORTER AND SO THE FENCE WILL NOT BE 11 FEET ALL THE WAY AROUND. THIS IS THE OTHER SIDE YARD, SAME SITUATION. THE FENCE WILL BE WELL BELOW 11 FEET ON THE SIDE. SO IT'S REALLY JUST THAT BACK AREA. AND AS CLAYTON ASKED EARLIER, THIS WOULD BE CONSIDERED A HARDSHIP DUE TO THE SLOPE OF THE YARD. SO AGAIN, ANOTHER HARDSHIP CASE TWO MONTHS IN A ROW. LOOK AT US. GO. UH, 27 NOTICES WERE SENT OUT. ZERO. RETURN IN FAVOR, ZERO OPPOSED. AND THERE'S NONE. HOA STAFF DOES NOT OBJECT TO THIS CASE AS REQUESTED AND IS AVAILABLE FOR ANY QUESTIONS. YES. ANY QUESTIONS? THE STAFF? GO AHEAD MS. BAKER. AS THE DIRT IS PUSHED UP AGAINST THE RETAINING WALL MM-HMM . IS THAT DIRT BECOME A MEASURING STICK AS WELL? WHAT DO YOU MEAN? CAN YOU, DOES THAT, I MEAN, DOES THAT DIRT BECOME A MEASURING STICK FOR THE FENCE? SO THE WAY WE'RE MEASURING IT IS BECAUSE THEY'RE PUTTING THIS FENCE RIGHT ON TOP OF THE RETAINING WALL. THAT'S KIND OF WHY WE'RE TAKING ALL OF IT TOGETHER. UM, SO I GET, AND THEY'RE ACTUALLY, THEY'RE NOT REALLY SUPPOSED TO PUT DIRT ALL THE WAY UP TO THE RETAINING WALL BECAUSE WE WANT SOME DRAINAGE THERE AS WELL. UM, BUT I'M NOT SURE IF I'M ANSWERING YOUR QUESTION WELL. WELL, SO DAVID, IF YOU'RE ASKING IF THE A FEET COMES FROM THE RETAINING WALL BECAUSE WE MEASURE IT FROM THE TOP OF THE GRADE, THAT IS THE CASE. THE FENCE IS SIX FEET ALL THE WAY THROUGH IS MY UNDERSTANDING. MM-HMM . IT'S JUST THAT WHERE IT, IT REACHES 11 FEET. WE HAVE TO MEASURE IT FROM THE TOP OF THE GRADE, TOP OF THE DIRT. SO THE RETAINING WALL FIVE FEET IS INCLUDED IN THAT 11 FEET, WHICH IS THE FENCE IS SIX FOOT, BUT THE RETAINING WALL HEIGHT CHANGES FROM ZERO TO FIVE AT THE LOWEST POINT ON TOP OF THE DIRT. ON TOP OF THE DIRT. YES. SORRY. MEASURING ON TOP. THANK YOU. JUNE OF THE DIRT. MM-HMM . YEAH. NO, NO. WE'RE, WE'RE NOT, WE'RE MEASURING FROM THE BOTTOM OF THE RETAINING WALL. OKAY. SO YOU'RE NOT MEASURING ON TOP OF THE DIRT? NO, NO, NO, WE'RE NOT. OKAY. BUT IF YOU HAD PUT THE POST IN THE DIRT, THEN YOU WOULD'VE TO MEASUR THE DIRT. SEE, AND THAT ONE'S KIND OF TRICKY. I, THAT WAS, THIS ONE WAS A KIND OF A CLEAR CASE FOR US BECAUSE HE'S PUTTING IT RIGHT ON THE RETAINING WALL. YEAH. GOT IT. IT WAS JUST A QUESTION. YEAH, NO, THAT ONE. 'CAUSE I, I HAD TO GO BACK AND FORTH WITH BUILDING INSPECTION ON THIS ONE A LOT. MY FIRST INSTINCTS WOULD BE TO GO AHEAD AND FILL IN DIRT ALL THE WAY AND FILL UP THE RETAINING WALL AND THEN JUST BUILD IT ON THE GROUND, WHICH IS NOW HIGHER. MM-HMM . BUT THEN YOU LOSE YOUR IRRIGATION AND DRAINAGE PROBLEM. WELL, YOU COULD CREATE OTHER PROBLEMS. YEAH. YOU, YOU COULD ACTUALLY PUT A, A BARRIER THERE. BUT ANYWAY, IT'S NOT MY PROBLEM. I UNDERSTAND THE QUESTION. WE'RE ALL GOOD. AND THE RETAINING WALL, WE NEED TO BE STRENGTHENED BECAUSE IT'S NOW SUPPORTING MORE PRESSURE. YEAH. MM-HMM . THANK YOU. JUNE. ANY OTHER QUESTIONS OF STAFF ON THIS ONE? YOU BECOME ENGINEERING EXPERTS, ALL THAT , THANKS VERY MUCH FOR, THANK YOU. UH, [00:45:01] WHO WAS THE APPLICANT YOU HAD ON THIS ONE? THIS ONE IS JUDITH AND I DO NOT HAVE, OH, NOT JUDITH. I'M SORRY, JASMINE. SORRY I DON'T HAVE A CARD FROM JASMINE. UH, IS THERE ANYONE THAT WISHES TO SPEAK IN SUPPORT OF THIS PARTICULAR CASE? 0 0 2 2. SEEING NONE. IS THERE ANYONE THAT WISHES TO SPEAK IN OPPOSITION TO THIS CASE? SEEING NONE. I WILL ENTERTAIN DISCUSSION OR A MOTION. MR. CHAIRMAN, I MAKE A MOTION THAT WE CLOSE ZBA 2 3 0 3 0 0 2 2 AND APPROVE. YOU GUYS ARE SO SILENT AND CATCHING MY PERIPHERAL VISION. I HAVE A MOTION FOR MR. BAKER AND A VERY SILENT HAND RAISED FOR MS. EK, WHICH I CAN ONLY ASSUME IS A SECOND. SO I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. SAY AYE. AYE. AYE. ANY OPPOSED? SAME SIGN THE MOTION. THE MOTION PASSES NINE TO ZERO [7. ZBA-23-03-0021 (Council District 3) – Variances to reduce the front yard and side yard setbacks for existing structures and a variance to reduce the minimum lot width requirements permitted under the Unified Development Code, located at 901 & 905 Middleton Avenue, legally described as Lots 1 & 2, Block 4, Edgemere Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District] AND NOW WE HAVE JU YOU WERE NOT ABLE TO GET RID OF ME THAT FAST YET, I GUESS. YES. OKAY. SO THE NEXT REQUEST, UM, THE ITEM NUMBER SEVEN IS FOR ZBA 2 3 0 3 0 0 2 1. THIS IS A VARIANCE REQUEST FOR CEX AND LOT WITH, FOR THE PROPERTY IS LOCATED AT 9 0 1 AND 9 0 5 MIDDLETON DRIVE. SO THIS PROPERTY WAS PLOTTED IN THE FORTIES. THE BUILDING WAS LIKELY CONSTRUCTED IN THE LATE SIXTIES. UM, HOWEVER, WE WERE NOT ABLE TO IDENTIFY IF BOTH OF THESE BUILDINGS WERE ACTUALLY WENT THROUGH THE PLA UH, PROPER BUILDING PERMIT PROCESS AT THAT TIME. SO THE EXISTING CONDITION HAS A LITTLE BIT OF ENCROACHMENT INTO THE REQUIRED SETBACKS. THE APPLICANT WAS TRYING TO RESOLVE THE ISSUE BY TRYING TO REPL THE PROPERTY INTO TWO. UM, AFTER INVESTIGATING, UM, THE REQUEST TO SET E AND SO ON AND SO FORTH, UH, STAFF CONCLUDED THAT WE COULD NOT SUPPORT THIS REQUEST FOR SETBACKS FOR THE TWO MAJOR FINDINGS. I JUST WANTED TO LET YOU KNOW THAT, UH, THE FIRST FINDING THAT WE FOUND THAT IS THE SECONDARY BUILDING THAT IS SHOWN ON THE LOT TWO WAS NEVER INTENDED FOR AN INDEPENDENT SINGLE FAMILY RESIDENCE. HOWEVER, THE APPLICANT WANTS TO REBUT THE LOT SO SHE CAN SELL THAT AS AN INDIVIDUAL HOUSE TO SOMEONE, A FUTURE BUYER. AND ALSO THAT THE CONVERSION OF THE SECONDARY BUILDING INTO A RESIDENCE WOULD REQUIRE A LOT OF ADDITIONAL VARIANCES DURING THE BUILDING PERMIT PROCESS BECAUSE THEY WERE NEVER PROPERLY PERMITTED OR REMODELED THROUGH THE BUILDING PERMIT PROCESS, WE HAVE NOT HAD A CHANCE TO IDENTIFY ALL THE DEFICIENCIES THAT MAY EXIST IN TERMS OF MEETING THE BUILDING CODE AND FIRE CODE. SO TO GO BACK TO THE ORIGINAL REQUEST, THEY'RE REQUESTING VARIANCES TO REDUCE THE FRONT YARD, SIDE YARD AND LOCK WIDTH. IT'S SHOWN THE, THE BUILDING PLAN IS WHAT WAS PROVIDED THE APPLICANT SAYING, UM, THAT'S THE EXISTING CONDITION. HOWEVER, BECAUSE THEY DO NOT HAVE A PROPER PERMIT OR ANYTHING LIKE THAT, WE WERE NOT ABLE TO INSPECT AND CONFIRM THAT WHETHER IT'S AN EXISTING CONDITION OR A DESIRED CONDITION. UM, SO AS STEPH MENTIONED, OUR BIGGEST CONCERN WAS THAT THE SECONDARY STRUCTURE WAS LIKELY INTENDED TO BE A PART OF THIS ENTIRE LAW, LIKELY THAT THE PROPERTY OWNER WHO OWNED BOTH THIRD PARTIES AT THE TIME, UH, BUILT THESE SECONDARY STRUCTURE AND SOMEONE CAME IN LATER ON AND REMODELED EVERYTHING. SO OUR MAJOR CONCERN IS THAT IF THIS WAS ALLOWED TO BE PLUGGED INTO THE TWO LOTS, THE SECONDARY HOUSE WILL NO LONGER REMAIN AS AN ACCESSORY STRUCTURE. THERE'S NOT REALLY A METHOD TO PREVENT THAT FROM BEING SOLD SEPARATELY. UM, WE DID SEND OUT 42 NOTICES. WE DID RECEIVE ONE LETTER OF OPPOSITION FROM A NEIGHBOR WHO LIVES IN THIS AREA, UM, AND SAID THAT THERE IS SOME STREET PARKING ISSUES, AS YOU CAN SEE FROM THE PICTURES. UM, THIS PROPERTY CURRENTLY DOES NOT HAVE ANY DRIVEWAYS OR ANY MEANS OF PARKING OTHER THAN, UM, JUMPING OVER THE CURVE AND PARKING ON THEIR INTERNAL YARD, WHICH IS NOT PAVED. SO WITH THAT SAID THAT IF THE CH UH, BOARD CHOOSES TO GRANT THE, UH, APPLICANT'S REQUEST, STAFF WANTS TO MAKE SURE THAT THE PROPERTY WILL BE RE PLATTED THROUGH THE PROPER PLATING PROCESS AND THE APPLICANT SHALL DEMONSTRATE THE SECONDARY STRUCTURE CAN STAND ALONE AND COMPLY WITH BUILDING CODE BEFORE IT CAN BE OCCUPIED BY A SINGLE FAMILY HOME. AND THAT THEY, UH, GO THROUGH THE PROPER BUILDING PERMIT PROCESS FOR ANY CONVERSIONS OR ANY OTHER WORK BEING DONE. AND THEN ALSO THAT THEY CREATE A SEPARATELY UTILITY CONNECTIONS. ANY SINGLE FAMILY HOME NEEDS TO HAVE THEIR OWN TAB INTO THE PUBLIC SYSTEM, WHICH THE SECONDARY STRUCTURE CURRENTLY DOES NOT HAVE. UM, THIS CONCLUSION STEP PRESENTATION, I DON'T SEE THE APPLICANT HERE. AND WE DID GET A SPEAKER CARD, HOWEVER, UM, STEPH IDENTIFIED THAT THE PERSON WAS, UM, MISUNDERSTANDING WHAT THE INTENT WAS AND ON AFTER UNDERSTANDING THE REQUEST HAS, UH, DECIDED TO TO LEAVE BECAUSE THEY HAD NO OPPOSITIONS OR SUPPORT FOR THIS CASE. OKAY. ANY QUESTIONS FOR STEPH AT THIS TIME? QUESTIONS FOR STAFF? GO AHEAD. I HAVE A QUESTION. CHECK. YES, MA'AM. UH, [00:50:02] IS, IS THE HOUSE ALREADY FOR SALE? UM, FLAG IT. I THINK IT MIGHT BE. I'M NOT SURE IF THAT'S THE FOR SALE SIGN IN THE CORNER. YES. . IT COULD, IT COULD BE. I DIDN'T CHECK THE ZOW. I'M SORRY. I DON'T, I DIDN'T REALLY CHECK THAT. . YES. IS THAT, IS THAT TREE PART OF THE LOT, THE WEDGE WHATEVER KIND OF BEHIND IT? IS THAT PART OF THEIR LOT? WE SEE IT IN ONE OF THE PICTURES. THIS ONE? NO, KEEP, KEEP GOING BEFORE THAT'S, THERE YOU GO. THIS ONE. OKAY. IT MIGHT BE BECAUSE THIS STRUCTURE IS ABOUT FOUR FEET FROM THE PROPERTY LINE, SO IT COULD BE OR IT COULD BE THE NEIGHBOR'S TREE. YEAH. YEAH. WELL NO, THERE, IT LOOKED LIKE THERE'S A WHOLE WEDGE THAT WAS EITHER BEHIND THE HOUSE OR MM-HMM . ADJACENT TO THE HOUSE THAT YOU HAD IN ONE OF THE PICTURES THAT WAS UP THERE. YEAH. AND I DIDN'T KNOW IF THAT WAS PART OF THE PROPERTY. I MEAN, YEAH, I THINK I'VE, IT SOUNDS LIKE THE BEST IDEA FOR THEM IS TO TEAR THAT BUILDING DOWN AND THEN TRY TO REPLANT AND, YOU KNOW, SEE IF THEY CAN SELL IT OFF. BUT, SO THAT IS CERTAINLY AN OPTION. I THINK THE STAFF CONCERN IS, UM, LOT ONE ALREADY HAS A LOT OF CONDITIONS THAT CREATE A SLEW OF PROBLEMS ON ITS OWN THAT THEY PROBABLY NEED THE LOT TWO TO MAKE SURE THAT THEY CAN PROVIDE REQUIRED PARKING OR EVEN THE ACCESS FROM THE PUBLIC STREET TO EVEN DRIVE A BRAKE VEHICLE ONTO THE PROPERTY. SO, LIKE I SAID, YOU KNOW, WE'RE, WE CAN ONLY PRESENT WHAT SHE'S REQUESTING RIGHT NOW. SHE, HER INTENT IS TO BE ABLE TO SHIFT THE LOT LINE SO SHE CAN RE REPLY. BUT STEPH IS NOT SUPPORTIVE OF THOSE REQUESTS BECAUSE WE ARE CONCERNED THAT ALL THE AFTER MATH THAT MAY HAPPEN, IF THE RE PLOTTING TO SEPARATE LOTS WOULD BE ALLOWED. LIKE I SAID, THE EXISTING BUILDING IS A NONCONFORMING STRUCTURE AND LIKE YOU SAID, IF THEY WANTED TO TEAR THAT DOWN AT THE TIME OF PLANNING, WE'LL NEED TO MAKE SURE THAT THE LOT ONE CAN STAND ALONE BY ITSELF. BUT, UM, TO BE HONEST WITH YOU, THEY WILL HAVE CHALLENGES TO, AT THAT POINT TO MAKE SURE THAT THEY CAN HAVE ACCESS. MM-HMM . ANY OTHER QUESTIONS? QUESTIONS FOR STAFF? THANK YOU VERY MUCH, JUNE. NOW AS YOU SAID, WE DON'T HAVE JUNE MUNOZ PRESENT. IS THERE ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF 2 3 0 3 0 0 2 1? SEEING NONE. IS THERE ANYONE WISHING TO SPEAK IN OPPOSITION? 2 3 0 3 0 0 2 1. SEEING NONE, I WILL ENTERTAIN DISCUSSION OR A MOTION ON THIS CASE MR. CHAIRMAN, I MAKE A MOTION THAT WE CLOSE AND APPROVE ZBA 2 3 0 3 0 0 2 1 WITH ALL OF STAFF'S RECOMMENDATIONS AS PRESENTED WITH STAFF RECOMMENDATIONS JUNE. THANK YOU. THERE YOU GO. FIVE THE FIVE POINTS OF RECOMMENDATIONS BEFORE YOU, EACH OF YOU CAN SEE THAT I HAVE A MOTION FROM MR. BAKER. DO I HAVE A SECOND? I DO HAVE A SECOND FOR MR. HAINE. EVERYONE CAN VOTE FOR OR AGAINST EVEN THE MAKER OF THE MOTION. IT'S ALWAYS BEEN WHAT THEY'VE TOLD ME. THIS IS FOR THESE VARIANCES. AT THIS POINT I'LL, I HAVE A QUESTION. YES, GO AHEAD. NOW IT'S A GOOD TIME FOR THAT. WITH THE, WITH THE RECOMMENDATIONS HERE, DON'T WE HAVE TO ENSURE AND GUARANTEE THAT THEY ARE FULFILLED BEFORE WE CAN VOTE ON IT? NO, NO. THE THE VARIANCE AS I UNDERSTAND IT, AND I'LL GET STAFF OR LEGAL BACKUP ON THIS, THIS IS WHAT WE VOTE ON WITH OR WITHOUT THOSE THINGS THAT BECOMES BINDING FOR ANY VARIANCE THAT IS GRANTED THAT IT HAS TO BE SUBJECT TO THOSE CONDITIONS. UH, COMPLIANCE WITH THOSE BINDING CONDITIONS IS SOMETHING THAT THE CITY STAFF AND THE CODE INSPECTION AND THOSE PEOPLE DO. YOU AND I DON'T HAVE TO GO OUT WITH TAPE MEASURES AND DO ANY OF THAT. WE MERELY APPROVE IT IN AS A MOTION AND IT BECOMES, HAS THE FORCE OF THAT'S THE NEW RULE BASICALLY BECOMES PART OF THE CONTRACT. BUT, BUT STAFF STILL IS OPPOSED TO THE APPLICATION AS WRITTEN. YES SIR. STEPH CANNOT SUPPORT THIS REQUEST FOR VARIANCES. UM, THE RECOMMENDATION IS PUT IN PLACE TO SAFEGUARD AT LEAST THE MINIMUM REQUIREMENT TO MAKE SURE THAT WE CAN CATCH ANYTHING THAT WAS NOT IDENTIFIED BEFORE THIS MEETING. UM, SO IF YOU APPROVE, WE RECOMMEND THAT IT'LL BE APPROVED WITH CONDITIONS. IF YOU, UH, WANNA FOLLOW STAFF'S RECOMMENDATIONS, STAFF RECOMMENDATION IS THAT WE CANNOT SUPPORT THIS REQUEST AND THEN YOU JUST VOTE AGAINST IT IS YOUR YOUR THING. AND AGAIN, IT REQUIRES SEVEN VOTES TO APPROVE ANY VARIANCE BEFORE US. SO WITH THAT, ANY FURTHER QUESTIONS OR VOTE? UH, DISCUSSION? SEEING NONE, I'LL GO AHEAD AND CALL FOR A VOTE. WE HAVE A MOTION AND A SECOND BEFORE US. ALL THOSE IN FAVOR OF THIS VARIANCE BEFORE US RAISE YOUR RIGHT HAND, SAY AYE. KIND OF VERY PREDICTABLE. ALL THOSE OPPOSED, PLEASE RAISE YOUR RIGHT HAND. SAY AYE. AYE. THIS MOTION [00:55:01] IS DENIED BY ACCOUNT OF NINE TO ZERO AND THAT'S KIND OF THE CLEAN WAY TO DO THAT, I THINK. 'CAUSE YOU DON'T VOTE TO DENY ANYTHING. YOU SIMPLY VOTE. PUT A MOTION OUT AND VOTE ON. NEXT ITEM IS CITIZEN COMMENTS. ANY OTHER CITIZENS WISH TO SPEAK UH, BEFORE US YOU SAY, MIKE, YOU GOT ANYTHING ELSE TO SAY? YOU GOOD? ALL RIGHT. SEEING NONE AND SEEING NO OTHER COMMENTS. YOU'RE LUCKY I CALLED HIS NAME. SAY YOURS. I JUST HAPPEN TO SEE HIS FIRST. UM, DID I CATCH HIM WRONG? MARGARITA DOES THE OTHER ONE. I GOT IT DOWN. I GOT IT ALL FIGURED OUT AND, UM, NOTHING BEFORE US THEN WE ARE ADJOURNED. THANK YOU FOR BEING HERE, FOLKS. APPRECIATE IT. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.