* 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. [00:00:05] BUT YOU'RE OKAY. THAT'S ALL RIGHT. I'M NOT GONNA MOVE YOU AROUND. I GOT IT. I GOT YOU. YOU GOT MORE. JUST REMEMBER I GOT TO MUTE THEIR MICS THING. I'LL TAKE YOU OUT. ALL RIGHTY. TWO. YEP. WE GOT ENOUGH? WE, WE GOT, WE GOOD? AND KIMBERLY'S COMING, SO WE'LL BE ALL RIGHT. OKAY. WE'LL GO AHEAD AND CALL THIS, [1. BRIEFING SESSION - 5:30 PM] UH, BRIEFING SESSION TO ORDER. WELCOME TO THE STAFF BRIEFING OF THE BOARD OF ADJUSTMENTS AND APPEALS FOR THE MEETING OF JULY 17TH, 2023. I'M BARRY SANDIS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS. THIS STAFF BRIEFING IS HEREBY CALL TO ORDER AT 5:36 PM THIS PORTION OF THE MEETING IS WHERE THE STAFF BRIEFS THE BOARD AND PREVIEWS. THE CASES ON TONIGHT'S AGENDA. BOARD MEMBERS WILL HAVE THE OPPORTUNITY TO ASK QUESTIONS THAT MAY FACILITATE THE MEETING AND THE PRESENTATION OF THE CASE. NO ACTION WILL BE TAKEN DURING THE BRIEFING SESSION. I'LL NOW CONDUCT A ROLL CALL MEMBERS CONFIRM THE PRESENCE OF A QUORUM. AFTER I CALL YOUR NAME, PLEASE SAY HERE, JUST LIKE THIS. BARRY SANDIS HERE. KIMBERLY RO IS NOT HERE YET, BUT SHE CALLED. SHE IS ON HER WAY. SO SHE'LL BE HERE FOR THE GENERAL SESSION. IT'S ALSO HER BIRTHDAY. LET'S ALL JUST IGNORE IT AND SEE IF IT BREAKS HER OUT. . UM, DAVID BAKER HERE. UH, ERIC ADE. HERE. UH, DEBBIE . HERE. CLAYTON HUTCHINS. HERE. TIMOTHY EPO. YEAH. ANTHONY LANGSTON. HERE. TOMMY LAND. HERE. EH? ERIC SMITH? NO. MELINDA ROGERS? NOPE. OKAY. WE DO HAVE EIGHT MEMBERS PRESENT. SO WE DO HAVE A QUORUM AND WE CAN BEGIN THE BRIEFING. UH, COMMISSIONERS, PLEASE REMEMBER TO TURN YOUR, ON YOUR MICROPHONE TO SPEAK SO THAT YOU CAN BE HEARD FOR THE RECORD AND EVERYONE CAN HEAR YOU. WE'LL NOW START WITH PRESENTATION OF THE CASES. FIRST UP, MS. BULL. HEY TIFFANY. SO OFFICE. OOH, THAT JUST GOT REALLY LOUD. YOU'RE GOOD. IT'S LOUD. OKAY. TURN IT OFF SO YOU CAN HEAR YOURSELF NOW. TIFFANY BULL, DEPUTY CITY ATTORNEY WITH THE CITY ATTORNEY'S OFFICE. AND THE REASON WHY I'M PRESENTING THIS ONE TO YOU IS I'M PRESENTING AS STAFF'S REPRESENTATIVE. YOU STILL HAVE MR. FUNG WHO IS HERE REPRESENTING YOU AS THE BOARD, BUT I'M KIND OF REPRESENTING STAFF ON THIS BECAUSE IT IS AN APPEAL. THIS IS NOT THE TYPICAL THING AS WE WENT OVER THAT GOES BEFORE ZBA. SO JUST TO REMIND YOU, WE HAD THE PUBLIC HEARING ON THIS AT THE LAST MEETING. HOWEVER, YOU ARE NOT TO RENDER THE DECISION AT THE SAME TIME AS THE PUBLIC HEARING. YOU RENDER IT AT THE NEXT MEETING. SO THE PURPOSE OF THIS MEETING IS FOR Y'ALL TO RENDER THE DECISION ON THE APPEAL FOR A DENIAL OF A CERTIFICATE OF OCCUPANCY. UM, I'M GOING TO BRIEFLY GO OVER IT JUST TO REFRESH THE BOARD OF SOME OF THE FACTS ON THIS CASE. BUT, UM, THIS IS NOT A VARIANCE REQUEST. SO Y'ALL ARE TAKING THAT HAT OFF. YOU'RE PUTTING MORE ON YOUR KIND OF JUDICIAL TYPE HAT AND YOU'RE LOOKING SOLELY AT WAS THE DECISION TO DENY THE BUILDING? WAS THE DECISION DECISION TO DENY THE CERTIFICATE OF OCCUPANCY, CORRECT OR NOT? CORRECT. IF YOU BELIEVE THAT THE CERTIFICATE OF OCCUPANCY SHOULD HAVE BEEN DENIED, UM, THEN YOU WILL DENY THE APPEAL AND UPHOLD THE BUILDING DECISION OFFICIAL'S DECISION. IF YOU BELIEVE THAT THE CITY OFFICIAL WAS WRONG IN THEIR DETERMINATION, THEN YOU WILL ULTIMATELY GRANT THE APPEAL AND OVERTURN THAT DECISION. AND I'M GONNA GO THROUGH THIS, BUT ULTIMATELY WHAT THIS ALL COMES DOWN TO IS THIS IS A SITUATION WHERE THERE WAS A NON-CONFORMING USE. OKAY? CITY STAFF REVIEWED THE FACTS AND DETERMINED THAT THAT NON-CONFORMING USE HAD BEEN LEGAL NON-CONFORMING AT ONE TIME, BUT WAS ABANDONED. AND BECAUSE IT WAS ABANDONED AND THE ZONING NO LONGER ALLOWED THAT USE, THE USE COULD NOT BE PERMITTED. AND THE CERTIFICATE OF OCCUPANCY BEING DENIED NEEDED TO BE DENIED. THE APPLICANT IN THIS CASE, THEIR POSITION IS THAT THEY NEVER DISCONTINUED OR ABANDONED THAT NON-CONFORMING USE. AND SO REALLY WHAT YOUR DECISION KIND OF TURNS ON HERE IS, WAS THE NON-CONFORMING USE ABANDONED OR NOT ABANDONED? IF YOU THINK IT WAS ABANDONED, THEN YOU WOULD AGREE WITH THE BUILDING OFFICIAL'S DECISION. IF YOU THINK IT WAS NOT ABANDONED AND IT WAS THEIR INTENT TO CONTINUE THIS USE, THEN YOU WOULD GRANT THE APPEAL AND OVERTURN THE DECISION. OKAY. UM, SO THE PROPERTY IN QUESTION IS AT 1326 WEST MAIN STREET. AND THERE ARE, THESE ARE THE PROVISIONS THAT JUST SHOW YOU THAT YOU HAVE THE AUTHORITY TO MAKE THIS DECISION. [00:05:01] THE, WHENEVER A CO IS DENIED OR A BUILDING OFFICIAL MAKES WHAT'S CONSIDERED A FINAL DECISION, THAT MEANS IT'S FINAL FOR YOUR CONSIDERATION AS AN APPELLATE BOARD. AND SO THIS GIVES YOU YOUR APPELLATE APPELLATE AUTHORITY. UM, IT DOES REQUIRE A 75% OF THE MEMBERS, UM, SEVEN VOTES IN ORDER TO OVERTURN THE DECISION OF THE BUILDING OFFICIAL. AND HERE YOU CAN SEE CAN MOTORS CAME IN AS AN INDEPENDENT AUTOMOTIVE DEALERSHIP. THEY SELL USED CARS, TRUCKS, AND SUVS. THEY APPLIED FOR A CO. UM, AND THIS APPLICATION WAS DENIED. THEY HAVE BEEN CLASSIFIED AS AN AUTO DEALER, NON FRANCHISED. THIS IS A COMMERCIAL ZONING DISTRICT. THIS USE IS CURRENTLY NOT ALLOWED IN THE DISTRICT. BUT THIS LOCATION DID HAVE THIS USE AT ONE POINT. UM, HERE'S PICTURES. IN SEPTEMBER OF 22, STAFF DID ISSUE A CO TO KHALIFA AUTO SALES FOR AUTO AND MOTORCYCLE SALES. IN OCTOBER OF 22, THE PLANNING DEPARTMENT RECEIVED A ZONING VERIFICATION REQUEST FOR THE PROPERTY FROM TEXAS STAR TRAILER WHO LEASED THE PROPERTY. THEY WERE WANTING TO USE IT FOR REACH TELL CELL OF FOOD TRAILERS, WHICH IS NOT AN ALLOWED USE IN THE COMMERCIAL ZONING DISTRICT IN NOVEMBER. HERE'S A COPY OF THE ZONING VERIFICATION LETTER SHOWING THAT THAT WAS NOT AN ALLOWED USE. AND UM, IT'S MY UNDERSTANDING, CORRECT ME IF I'M WRONG ON THIS STAFF, THAT THAT USE WAS ACTUALLY GOING ON AT THE LOCATION ILLEGALLY AT THAT TIME. SO IT WAS BEING USED FOR THAT PURPOSE EVEN THOUGH THEY DIDN'T HAVE A CERTIFICATE OF OCCUPANCY. SO CODE ENFORCEMENT TOOK ACTION AND ULTIMATELY THEY CAME IN IN MARCH OF 23 AND APPLIED FOR A CERTIFICATE OF OCCUPANCY AND, UM, FOR TRAILER SALES. TRAILER SALES WERE NOT ALLOWED UNDER THE APPROVED CO. UM, BUT THEY ALSO WANTED IT FOR, UH, ADMINISTRATION AND SALES CONSULTANTS OFFICE, NOT, NOT FOR AN AUTO SALE USE. THE CO ULTIMATELY THOUGH, WAS NOT ISSUED BECAUSE IT WAS NEVER PAID FOR. IN APRIL OF 23, CANDA MOTORS APPLY. CANDA MOTORS APPLIED FOR A CO FOR AUTO SALES USED NON FRANCHISED. AND, UM, DUE TO THE PERIOD OF TIME IN WHICH NO AUTO CELLS WERE TAKING PLACE, AND THAT EXCEEDING A SYN SIX MONTH PERIOD, STAFF LOOKED AT THAT AS AN INTENT TO ABANDON THE USE. AND THAT IS ACTUALLY KIND OF OUTLINED IN OUR UDC, THAT THAT WOULD BE DEEMED TO HAVE BEEN ABANDONED AND NOT, UH, IF IT'S NOT RESUMED. AND SO THAT'S WHY STAFF MADE THE DETERMINATION TO DENY THE CERTIFICATE OF OCCUPANCY. WE WILL NOTE THAT THE TEXAS SUPREME COURT DID SAY, UM, INTENT TO ABANDON A NON-CONFORMING USE OF A PROPERTY IS IMPLIED IN THE DEFINITION OF ABANDONMENT. AND SO THEY WERE GIVEN NOTIFICATION THAT IT WAS, UM, THE DECISION THEN ULTIMATELY THEY CAME BACK AND APPEALED THAT DECISION, WHICH HAS PLACED IT BEFORE YOU. AND LIKE I SAID, YOU DID HEAR SOME EVIDENCE AT THE PUBLIC HEARING LAST, UH, MEETING, AND I'M HAPPY TO ANSWER ANY QUESTIONS. GO AHEAD MR. BAKER. WHAT DOES THE CITY PLAN TO DO WITH THIS IF THEY'RE NOT GOING TO ALLOW AUTO SALES THERE? WELL, THAT WOULD ULTIMATELY BE UP TO THE PROPERTY OWNER AS TO WHAT THEY WANTED TO USE IT FOR WITHIN THE MULTIPLE USES THAT ARE ALLOWED IN THAT ZONING DISTRICT. OKAY. SO ARE AUTO SALES NOT GONNA BE ALLOWED IN THIS DISTRICT ANYMORE? IS THAT WHAT YOU'RE SAYING? AUTO SALES NON FRANCHISED USED IS NOT ALLOWED IN THAT ZONING DISTRICT. THERE ARE ALL OTHER AUTO RELATED USES WHICH ARE ALLOWED BY SUP. UM, SO THEY COULD APPLY FOR AN SUP FOR THOSE TYPES OF AUTO USES? YES. YEAH, AUTO SALES, UM, USED FRANCHISES ACTUALLY ALLOWED BS SUP IN THE COMMERCIAL ZONING DISTRICT. SO SOME AUTO USES ARE ALLOWED. UM, BUT THIS IS NOT ONE THAT'S ALLOWED IN, IN THE COMMERCIAL ZONING DISTRICT SINCE 2018. CITY COUNCIL REMOVED IT VIA TEXT AMENDMENT. OTHER QUESTIONS? GO AHEAD. MR. E IPO, YOU MENTIONED THE, UH, SUPREME COURT HERE. THE, THE STAFF OR THE CITY WITHDREW THE, UH, SEA OF O BECAUSE IT DIDN'T START WITHIN THE SIX MONTHS ROOM. THERE WAS NOT A CERTIFICATE OF OCCUPANCY THAT WAS ACTIVE ON THE PROPERTY TO WITHDRAW. [00:10:01] SO WHENEVER THEY, UM, THEY HAD A CO AT ONE POINT AND THEY STOPPED USING IT FOR THAT PURPOSE, ANOTHER PERSON OCCUPIED IT AND STARTED USING IT ILLEGALLY. THEY THEN CAME IN AND APPLIED FOR A CO, UM, THEY, THAT CO WAS ULTIMATELY NEVER ISSUED. SO THERE WAS NEVER ACTUALLY AN ACTIVE CO. SO AT THIS POINT IN TIME, THERE IS NO VALID CO ON THE PROPERTY. OKAY. THANK YOU. OTHER QUESTION HAS WHO A CHECK GO AHEAD. IS THE GUY THE, OH, SORRY. THE, I DON'T KNOW HIS NAME, BUT ANYWAY, THE GUY THAT'S GONNA TRY TO LEASE IT OR WHATEVER HE WAS TRYING TO DO, IS HE THE OWNER OF THE PROPERTY? YES. SO HE OWNS THIS BUILDING. HE OWNS THIS PIECE OF PROPERTY, WHICH, OKAY. RIGHT. I'M, I'M NOT A HUNDRED PERCENT SURE, WHICH, BECAUSE I KNOW AT THE PUBLIC HEARING WE HAD TWO DIFFERENT REPRESENTATIVES. THERE IS THE PERSON WHO OWNED THE PROPERTY THAT HAD INDICATED HE WAS WANTING TO USE IT FOR HIS OWN AUTO SALES, BUT HE ALSO INDICATED THAT HE HAD SOMEBODY ELSE HE WAS LOOKING TO LEASE IT TO AND HAD BEEN IN NEGOTIATIONS WITH. UM, SO FROM THE MATERIALS, I BELIEVE SHE'S REFERRING TO MR. KHALIFA WHO WAS HERE AND SPOKE AND HE BROUGHT IN THE OTHER COUPLE THAT WAS FROM CARROLLTON THAT WAS GONNA SUBLEASE OUT AND HAVE A USED CAR LOT. THEY'D ALREADY HAD INTENTIONS, BUT I BELIEVE YOU'RE SPEAKING TO MR. KHALIFA. YES. OKAY. SO MR. KHALIFA OWNS THE PROPERTY. AND SO, UM, SO MY QUESTION IS, SO IT'S OBVIOUS HE'S DONE WRONG. WE, WE, WE REALIZE HE'S DONE WRONG FOR A PERIOD OF TIME AND NOW HE'S MAYBE FOUND THESE PEOPLE FROM CARROLLTON THAT ARE GONNA DO IT THE RIGHT WAY AND WHATEVER. AND SO MY QUESTION IS, IS THE CITY WILLING? SO IS THAT NOT A POSSIBILITY THAT THE CITY WOULD WORK WITH HIM NOW THAT HE'S GONNA DO IT THE RIGHT WAY? OKAY. I, I THINK IT'S IMPORTANT FOR EVERYBODY ON THE BOARD. THIS IS A LITTLE DIFFERENT THAN MOST OF THE OTHER JUST ZONINGS VARIANCES THAT HEY, YOU WANNA PUT A CARPORT UP? YOU WANT TO HAVE YOUR FENCE THREE FEET BACK. THIS IS AN APPEAL TO A BUILDING OFFICIAL. ALL WE ARE VOTING IS DID THE BUILDING OFFICIAL MESS UP AND INTERPRET THE RULES WRONG OR NOT? SO WE AFFIRM THE BUILDING OFFICIAL FOR THE CITY OF GRAND PRAIRIE'S POSITION OR WE DON'T, WHETHER THE SOLUTIONS, WE CAN'T SOLVE EVERYBODY'S PROBLEMS FROM UP HERE TONIGHT. AND THAT'S NOT WHAT WE'RE SUPPOSED TO DO IN THIS PARTICULAR, LEGALLY WE CAN'T DO THAT. SO IT DOESN'T MATTER. SOME OF THESE OTHER ISSUES, I CERTAINLY HAVE MY OPINION, I KNOW HOW I'LL BE VOTING. UH, WE GET THE DISCUSSION PART, WE WE CAN TALK ABOUT THAT. BUT RIGHT NOW WE CAN GO WAY DOWN THE RABBIT HOLE CHASING WELL, WHAT ARE THEY GONNA DO WITH IT AND WHO'S THE GUY AND WHAT ARE THEY GONNA DO? NONE OF THAT'S MATERIAL. THE QUESTION BEFORE US IS CITY'S INTERPRETATION IS THIS HAS BEEN ABANDONED BECAUSE HE DIDN'T HAVE A PROPER CO ON THE LAND DURING THE SEPTEMBER TO NOW WHETHER WE HAD TRAILER SALES GOING ON THERE WITHOUT A CO WHAT, WHETHER IT'S A BANNER OR NOT. BUT WE HAVE TO MERELY AFFIRM OR DENY WHETHER THE BUILDING OFFICIAL MADE THE CORRECT CALL OR NOT. AND THAT IS WHAT'S BEFORE US. AND IT WILL JUST LIKE ALL THE OTHER CASES, REQUIRE SEVEN OUTTA NINE TO GET THIS MOTION APPROVED, CORRECT? UH, YES SIR. AND, AND IF I MAY, I THINK THE QUESTION ULTIMATELY FOR Y'ALL IS REALLY GONNA COME DOWN TO ABANDONMENT. DO YOU BELIEVE THE USE WAS ABANDONED OR NOT? IF YOU BELIEVE THAT IT WAS ABANDONED, THEN YOU WOULD DENY THE APPEAL. IF YOU BELIEVE THE USE WAS NOT ABANDONED, THEN YOU WOULD UPHOLD OR GRANT THE APPEAL. SO WITH THAT IN MIND, QUESTIONS TO WHAT'S BEFORE, IF THIS IS WAY DIFFERENT THAN ANYTHING WE'VE HEARD IN THE SIX YEARS I'VE BEEN ON, 'CAUSE WE HAVEN'T REALLY HEARD AN APPEAL TO THE BUILDING, BUT MR UH, CLAYTON, YOU PROBABLY HAVE SOME SOMETHING TO SHARE. WE CAN'T DECIDE THAT THE ZONING WARRANT BOMB, CORRECT? CORRECT. ALRIGHT, SO WE WE HAVE TO READJUST AS THE BUILDING OFFICIAL DID AS WRITTEN. YES. YOU ARE, YOU ARE LOOKING AT HOW THE BUILDING OFFICIAL READ THE ORDINANCE AS IT EXISTS. AND MR. BECKER, GO AHEAD. AND, AND AS YOU STATED, IT'S WHETHER IT WAS ABANDONED AND NOT USED OR NOT. THAT IS THE QUESTION. YEAH, I THINK MS. COLE JUST SAID THAT. DID THE BUILDING OFFICIAL DETERMINE THAT THIS IS AN ABANDONED PIECE PROPERTY WITHIN THE CONFINES OF SIX MONTHS UNDER STATE LAW THAT IS ABANDONED USED BECAUSE THERE WASN'T A PROPERLY FILLED OUT CO FOR A PROPER BUSINESS? YEAH, WE KNOW THERE WERE TRAILER SALES IN THERE AS LATE AS I UNDERSTAND FEBRUARY BY THE MATERIALS. IS THAT LEGALLY ABANDONED OR IS THAT A HARSH INTERPRETATION OF ABANDONED? WE HAVE COPY OF THE ABANDONED ORDINANCE, RIGHT? YEP. THIS IS THE APPLICABLE PROVISION. [00:15:03] INTERESTING TO ME THAT THE LAST SENTENCE IN THERE SAYS THAT IT CAN'T EXTEND AS LONG AS 18 MONTHS. SO IT SEEMS LIKE THERE'S A SIX MONTH, 18 MONTH WINDOW FOR SO AS I I HEAR IT, BUT LET'S, LET'S, LET'S GO WITH ANY OTHER QUESTIONS FOR ON THIS PARTICULAR, IT'S, AND I TELL YOU GUYS, IT'S VERY UNUSUAL TO HEAR THIS 'CAUSE WE HAVEN'T HAD IT, LIKE I SAY, IN, IN SIX YEARS. AND, UH, WE, WE USUALLY SOLVE PROBLEMS, BUT THIS WE HEARD, HEARD THE CASE LAST MONTH. WE'LL HEAR IT TODAY. IF THERE'S ANY OTHER SPEAKERS, WE'LL ADDRESS THAT AND HAVE A PUBLIC HEARING BECAUSE THAT'S WHAT WE LEGALLY HAVE TO DO ON ADVICE OF COUNCIL. AND THEN WE'LL TAKE A VOTE UP OR DOWN. DID THE BUILDING OFFICIAL MAKE A MISTAKE OR WAS HE CORRECT? AND THAT'S ALL THAT'S BEFORE US. WHAT HAPPENS AFTER WITH THE LAND WITH THE OWNERS IS A DIFFERENT THING. OKAY. CAN I ASK A QUESTION? SURE. AND THIS IS BASED ON WHAT YOU JUST SAID. CAN YOU TELL US WHAT THAT LAST SENTENCE MEANS? THAT ARTICLE SHALL NOT BE INCLUDED IN THE PERIOD OF DISCONTINUANCE, HOWEVER, NO CASE SHALL THIS PERIOD BE IN EXCESS OF 18 MONTHS. WHAT, WHAT DOES THAT MEAN? SO ANYTIME YOU'RE TALKING ABOUT ABANDONMENT, THERE IS A CERTAIN LEVEL OF INTENT THAT USUALLY IS REQUIRED FOR A PERSON TO ABANDON THE PROPERTY. AND SO THE LAW GENERALLY SAYS IF YOU HAVEN'T BEEN USING IT IN A PARTICULAR MANNER FOR A PERIOD OF SIX MONTHS, THEN YOU'VE ABANDONED THAT USE. BUT THERE MAY BE OTHER EXTENUATING FACTORS THAT HAVE RESULTED IN YOU NOT USING IT FOR THAT SIX MONTHS. LIKE FOR EXAMPLE, MAYBE THE BUILDING WAS UNDER CONSTRUCTION AND BEING REPAIRED. AND SO IN THAT INSTANCE, IT MAY TAKE A YEAR FOR YOU TO GET THE REPAIRS DONE, BUT THAT DOESN'T MEAN THAT YOU HAVE, YOU DON'T INTEND TO USE IT IN THAT MANNER. UM, AND SO THAT'S KIND OF WHAT THAT PART IS GETTING AT, IS UNDERSTANDING THAT THERE MAY BE TIMES WHEN THEY'RE EXTENUATING CIRCUMSTANCES SUCH AS RENOVATIONS, WHICH MAY PUT A USE ON HOLD WHERE IT'S NOT ACTIVELY BEING USED IN THAT MANNER THAT MAY EXTEND BEYOND A SIX MONTH PERIOD. MR. EPA, GO AHEAD SIR. DOES IT MEAN THAT SITUATION THAT WILL ALLOW FOR 18 MONTHS, SHOULD IT COME FROM THE, THE OWNER OR THE USER OR THE, THAT IS, I WANT TO KNOW IF IT COMES FROM THE PERSON THAT WANTS TO USE THE PLACE FOR THE CFO OR IS IT ANY SITUATION? I WANT TO KNOW, I'M ASKING IF THE COUNCIL FACTOR, THE COUNCIL PERSON FOR EXTENDING IT TO 18 MONTHS. IF IT'S THE PERSON THAT IS ASKING FOR THE CO. DO YOU UNDERSTAND THE QUESTION? I DO NOT. YOU'VE GIVEN US THAT FOR IT TO BE ABOUT 18 MONTHS, IT COULD BE FROM EXTENUATING SITUATIONS. THE CAUSE OF THAT SITUATION IS WHAT I WANT TO KNOW FOR THE 18 MONTH TO APPLY. DO YOU UNDERSTAND THE QUESTION NOW? IS IT FROM THE SIDE OF THE PERSON FACING OR THE SIDE OF THE OWNER? SO I'M GONNA TRY TO ANSWER THIS AS BEST I CAN BASED ON WHAT I UNDERSTAND THE QUESTION TO BE. UM, IT KIND OF, IF YOU LOOK IN HERE, NORMAL SEASONAL CESSATION OF USE OR TEMPORARY DISCONTINUANCE FOR THE PURPOSE OF MAINTENANCE, REBUILDING AFTER DAMAGE, THOSE TYPE OF THINGS, THOSE TEMPORARY STOPPAGE OF THE USE ARE NOT THINGS THAT WE WOULD INTERPRET AS AN INTENT TO ABANDON. UM, YOU AS THE FACT FINDER IN THIS SITUATION, THAT'S WHAT YOU ARE GET TO MAKE THAT DETERMINATION AS TO WHETHER THAT INTENT TO ABANDON IS PRESENT BASED UPON THIS UDC PROVISION AND THE EVIDENCE THEN AND THE FACTS THAT HAD BEEN PRESENTED BEFORE YOU. AND SO IF YOU WERE TO LOOK AT, AND YOU WERE TO DETERMINE THAT THE, IT FITS WITHIN THIS AREA OF THE ORDINANCE THAT ALLOWS FOR AN EXTENSION OF, OF A SIX MONTHS BECAUSE THERE IS SOME INTENT TO CONTINUE IT, THAT'S SOMETHING THAT YOU COULD DO. BUT IF YOU LOOK AT IT AND YOU SAY, NO, IT DOES NOT FIT THIS CRITERIA, UM, THEN OBVIOUSLY THAT'S ANOTHER DECISION. BUT IT'S UP TO YOU AS THE FACT FINDER AS TO WHAT YOU BELIEVE THE EVIDENCE SHOWS IN THE, IN THE PICTURES THAT WE THAT YOU'VE SHOWN. CAN YOU GO BACK TO THE PICTURES? SO, UH, THAT WAS SEPTEMBER 22. OH, OKAY. MAY OF 22. FEBRUARY. OKAY. SO HE DID CHANGE THE LOOKS OF IT, BUT THAT WAS, HE CHANGED THE LOOKS IN SEPTEMBER 22. I WOULD CALL THAT LIKE FIXING IT UP, REMODELING IT, MAKING IT LOOK MASSIVE. WELL, FEBRUARY IS WHEN WE HAD ALL THAT SNOW AND ICE ON THE GROUND AND I RIGHT NOW I'M THINKING I MISSED THAT IT'S FROZEN FOR, [00:20:01] WELL, IT CHANGED THE BUILDING, OBVIOUSLY THEY WENT THROUGH SOME REPAIR. BUT ANYWAY, JUST POINTING THAT OUT TOO. I HAVE A QUESTION. YES, GO AHEAD. UM, AND THIS MIGHT NOT BE, I MIGHT HAVE JUMPED AHEAD OF TIME, BUT IN THE MEETING LAST MONTH, I THOUGHT THAT THEY INDICATED THAT THERE WAS A PERMIT OR A LICENSE WHERE THEY COULD SELL VEHICLES IN FORT WORTH BUT HAD INDEED NOT HAD THAT SAME PERMIT FOR GRAND PRAIRIE AND THEREFORE THEY ACTUALLY COULDN'T SELL VEHICLES THERE. IS THAT CORRECT? I DO RECALL THAT BEING PRESENTED, YEP. OKAY, THANKS. OKAY. NO, GO AHEAD. AND, AND KEEP IN MIND, EVEN THOUGH THE PUBLIC HEARING HAS CONCLUDED, BECAUSE THIS IS AN OPEN MEETING AND YOU ARE RENDERING A DECISION, MEMBERS OF THE PUBLIC WILL STILL HAVE AN OPPORTUNITY TO PRESENT, UM, INFORMATION TO YOU BEFORE YOU RENDER A DECISION. OKAY. OTHER QUESTION FOR US? YES, SIR. IN, UH, THE, THE, UH, IN THE BRIEFING BY MATT, HE SAID THAT THE APPLICANT HAD THE BURDEN OF BRINGING FORWARD EVIDENCE TO SHOW THAT THE BUILDING OFFICIAL WAS WRONG. IS THAT CORRECT? IT'S OUR POSITION THAT THE BURDEN IS ON THE APPLICANT TO SHOW IT WAS HIS INTENT TO CONTINUE THAT USE AND IT HAD NOT BEEN ABANDONED. DOES THAT ANSWER SATISFY YOU, SIR? YES. OKAY. ANYTHING ELSE ON THIS? ALL RIGHT, I THINK WE HAVE OUR TASK BEFORE US AND UNDERSTAND IT VERY WELL. AND WE HAVE A WHOPPING THREE MORE MINUTES FOR NO, WE'LL TAKE AS MUCH TIME AS WE NEED BRITTANY ON THE, ON THE OTHER SEVEN CASES, . YAY. BUT GO AHEAD. AS OF THESE WILL BE FAMILIAR. ALL RIGHT. SO HOPEFULLY WE'LL GET THROUGH THEM QUICKLY. LESS, LESS NEW TO US. YES. OKAY, GO AHEAD. THIS IS AGENDA ITEM NUMBER THREE, ZBA 23 0 4 0 0 2 8. SO THESE ARE VARIANCE REQUESTS FOR LOT COVERAGE, HEIGHT AND, OH, I'M SORRY, LOT COVERAGE. I'M SORRY I MESSED UP THERE. HEIGHT AND SETBACKS. SO THIS ORIGINALLY CAME FORWARD AS FOR A SINGLE FAMILY HOME. THEY CAME TO US I THINK TWO MONTHS AGO AND THEY WERE REQUESTING ABOUT FIVE DIFFERENT VARIANCES FOR THEIR HOUSE. THEY WENT BACK, THEY REVISED THE PLAN. YOU CAN SEE HERE THEY REDUCED IT TO TWO. SO THEY ONLY ARE REQUESTING A VARIANCE TO THE MAXIMUM HEIGHT. UM, HEIGHT IS CAPPED AT 25 FEET THROUGH REQUESTING A VARIANCE FOR 27 FEET AND THEY'RE REQUESTING A REDUCTION OF THE SITE SETBACK. WHAT'S REQUIRED IN THE ZONING DISTRICT IS SIX FEET AND THEY'RE REQUESTING FIVE FEET. SO YOU CAN SEE THEY GOT RID OF ABOUT THREE OF THOSE VARIANCES. SO THIS IS THE UPDATED SITE PLAN. UPDATED FLOOR PLAN, UPDATED BUILDING ELEVATIONS. AGAIN, THIS IS A PHOTO OF THE LOT. SO 58 NOTICES WERE SENT. ZERO RETURN IN FAVOR, ZERO OPPOSED. AND THERE IS NOT AN HOA AND STAFF DOES NOT OBJECT TO ZBA. A 23 0 4, 0 0 2 8 AS REQUESTED AND IS AVAILABLE FOR ANY QUESTIONS. QUESTIONS ON THIS PARTICULAR CASE? TO MY RIGHT, TO MY LEFT. OKAY. YEAH. OH, REALLY QUICKLY ALSO. HAPPY BIRTHDAY. THANKS FOR BEING HERE. YEAH, I'LL LET THE RECORD SHOW THAT MISS I CAN RODEO AND NONE OF YOU HEATED MY KEEP IT MOM'S THE WORD ON THE EARTH DAY. WE APPRECIATE IT. OKAY, SO AGENDA ITEM NUMBER FOUR ZBA 23 0 537. AGAIN, THIS SHOULD BE FAMILIAR. IT'S A VARIANCE REQUEST FOR A FENCE HEIGHT LOCATED AT 1729 AVENUE B. SO THIS IS FOR AN EXISTING SCHOOL. THEY'RE GOING TO COME IN AND PUT A SIX FOOT HIGH CHAIN LINK FENCE. WHAT'S ALLOWED IN THE SETBACK IN THE ZONING DISTRICT IS FOUR FEET. SO AGAIN, THIS IS THE SITE PLAN THAT WAS SUBMITTED WITH THE FENCE PERMIT, AN IMAGE OF THE SCHOOL. SO THE APPLICANT PROVIDED THIS IMAGE, SO I KNOW THERE WAS CONCERNS ABOUT THE BUSHES. AND SO THE APPLICANT DID CONFIRM THAT WHILE THEY'RE GOING TO TRIM THEM, UM, JUST TO PUT THE FENCE IN THE BUSHES ARE NOT GONNA BE REMOVED AND THE TREES ARE NOT GONNA BE REMOVED EITHER. SO ALL OF THOSE WILL REMAIN. OKAY. UM, THIS IS A PHOTO OF THE EXIST. THERE'S EXISTING FENCING MATERIAL OUT THERE ON CITY PROPERTY AND THEY'RE WANTING TO MATCH IT UP WITH THAT, WHICH IS SIX FEET CHAIN LINK. THAT'S A LOT OUT THERE. SO SEVEN, SEVEN NOTICES WERE SENT. ZERO RETURN IN FAVOR, ZERO OPPOSED. AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT TO CBA 23 0 503 7 AS REQUESTED AND IS AVAILABLE FOR ANY QUESTIONS. QUESTIONS FROM MY RIGHT. QUESTIONS TO MY LEFT ON THIS PARTICULAR CASE. IF NOT, WE'LL GO TO CASE NUMBER FIVE. ALL RIGHT. AND SO THE NEXT CASE IS ACTUALLY GOING TO BE PRESENTED BY CHRISTINA, BEN ANTE. SHE'S ONE OF OUR, UH, PLANNERS AS WELL. SO FIRST TIME IS EBA. WELCOME, CHRISTINA, COME ON DOWN. MM-HMM. GOOD EVENING, MR. CHAIRMAN. BOARD MEMBERS, THIS ITEM IS A SPECIAL EXCEPTION FOR A FRONT YARD CARPORT. THE APPLICANT IS NOT REQUESTING ANY VARIANCES. THE SITE PLAN SHOWS THE CARPORT PLACEMENT ON THE LOT MEETS ALL REQUIREMENTS. THERE IS NOT AN EXISTING CARPORT AT THE SUBJECT PROPERTY. A SPECIAL EXCEPTION FOR FRONT YARD CARPORT IS REQUIRED IF THE SUBJECT PROPERTY SHOWN OUTLINED IN RED IS NOT WITHIN 800 FEET OF EXISTING LEGALLY PERMITTED CARPORTS SHOWN [00:25:01] IN BLUE. UH, 47 NOTICES WERE SENT. THERE WERE NO, UH, RETURNS AND STAFF DOES NOT OBJECT TO THIS REQUEST. THANK YOU. ANY QUESTIONS? STAFFED TO MY RIGHT? ANY QUESTIONS TO MY LEFT? I'M JUST SURPRISED THERE'S NOTHING IN THAT NEIGHBORHOOD THAT'S GOT A CARPORT ALREADY IN THE BLUE. I MEAN, SO THE BLUE, BLUE HAS IT, BUT WHERE THE SUBJECT PROPERTY IS. THANK YOU. IS THAT ALL WE'RE HEARING FROM YOU BRITTANY? STANDING UP TO COME BACK? I'M BACK. OKAY. THANK YOU CHRISTINA. NEXT ONE IS JUST MAKING SURE WE'RE KIND OF FLIP FLOPPING. YES. NEXT ONE'S ME. OKAY. SO THIS IS AGENDA ITEM NUMBER SIX ZBA 2 3 0 6 0 0 4 5. THIS IS ANOTHER SPECIAL EXCEPTION REQUEST FOR A SIDE YARD CARPORT LOCATED AT 2 5 1 8 VEGA STREET. SO THIS IS THE SITE PLAN SUBMITTED. THEY'RE NOT REQUESTING ANY VARIANCES. THEY MEET ALL OF OUR DENSITY AND DIMENSIONAL REQUIREMENTS AND OUR SETBACK REQUIREMENTS. SO THIS IS A PHOTO, SO IT'S ACTUALLY GOING TO BE ON THE SIDE OF THE HOUSE TO THE LEFT, AND YOU CAN SEE IT'S PRETTY WELL SCREENED WITH A LOT OF NATURAL LANDSCAPE THERE. SO WE THINK IT'LL BE PRETTY WELL SCREENED FROM THE NEIGHBORS AND THE ROAD. UM, THE BLUE ARE THE, UH, THE BLUE SQUARES ARE EXISTING CARPORTS IN THE AREA THAT ARE LEGALLY PERMITTED. THE HATCH PORTIONS ARE THE BUFFER AREA OF 800 SQUARE FEET. SO Y'ALL ARE AWARE THAT IF IT'S WITHIN THE BUFFER WE COULD DO AN ADMIN, BUT THEY'RE NOT. THEY'RE JUST OUTSIDE OF IT. BUT I'M JUST PUT THIS HERE TO SHOW Y'ALL THERE'S EXISTING CARPORTS IN THIS NEIGHBORHOOD. SO 35 NOTICES SENT ZERO RETURN IN FAVOR, ZERO OPPOSED, AND THERE'S NOT AN HOA STAFF DOES NOT OBJECT TO THIS REQUEST AS REQUESTED AND IS AVAILABLE FOR ANY QUESTIONS. QUESTIONS ON ITEM SIX ON THE AGENDA TO MY RIGHT, QUESTIONS TO MY LEFT. MOVING RIGHT ALONG TO ITEM SEVEN. OKAY, NEXT UP IS GONNA BE DONE BY ABDUL. HE'S ONE OF OUR NEW SENIOR PLANNERS. OUTSTANDING. GETTING, HEY, GOOD EVENING TO THE COURT. WELCOME. THANK YOU. ALRIGHT, THANK YOU. ALL RIGHT, THE NEXT CASE IS EB 2306, UH, 0 0 4 3. VARIANCE IS FOR SETBACK AND EXCESS RESTRUCTURE. THE, UH, THE SUBJECT PROPERTY IS LOCATED ON 2125 WIND CHIME DRIVE. UH, IN A PLAN DEVELOPMENT. UH, THE REQUEST THERE ARE TWO VARIANCES. ONE IS FOR THE REDUCTION OF INTERNAL SIDE YARD SETBACK, AND THEN THE SECOND ONE IS INCREASING THE MAXIMUM AREA FOR AN ACCESSORY STRUCTURE. UH, THE NEXT IS A SIDE PLAN HERE. UH, THE PRIMARY STRUCTURE, WHICH IS THE HOUSE IS 14, UH, 1,492 SQUARE FEET. UM, THERE IS AN EXISTING, UH, ACCESSORY STRUCTURE, WHICH IS 899 SQUARE FEET, UH, WHICH IS A COVERED PORCH. AND THE PROPOSED STRUCTURE, THE APPLICANT'S WANTING TO BUILD A SHED, WHICH IS, UH, GOING TO BE 352 SQUARE FEET. UM, THE MAXIMUM ALLOWED IN THE PD IS 50% OF THE PRIMARY STRUCTURE. SO THEY'RE EXCEEDING THAT. SO COMBINE THE PROPOSED SHED AND THE EXISTING CAR, UH, THE EXISTING COVERED PORCH, COMBINING THAT, THAT'S 1,251 SQUARE FEET. SO THAT'S EQUALING TO ABOUT 84%, UH, OF WHAT'S ALLOWED IN THE U-D-O-U-D ALLOWS 50%. THEY'RE WANTING TO DO 84%. UM, AND THE NEXT ONE IS THE INTERNAL, UH, SIDE YARD SETBACK. SO THAT'S A FIVE FOOT SETBACK IN THE PD. THE APPLICANT'S REQUESTING FOR IT TO BE, UH, FOUR FEET AND FOUR INCHES. HERE'S THE PICTURE. YOU COULD JUST SEE THE COVERED, UH, PORCH. UH, YOU CANNOT SEE THE PROPOSED STRUCTURE THAT HE'S WANTING TO BUILD. THIS IS THE BUFFER AREA. UM, THE, WE HAVE HAD, UH, 36 NOTIFICATIONS WERE SENT. THREE ARE IN OPPOSITION AND UH, ONE WAS IN FAVOR. AND THE RED ONES SHOW THE OPPOSITION AND THE GREEN ONES IN FAVOR. AND YELLOW IS THE PROPOSED LOCATION. UH, STAFF CANNOT SUPPORT ZBA, UH, VARIANCES AS REQUESTED. UH, ONE BECAUSE IT'S A SELF-CREATED HARDSHIP AND TWO, THAT THE STRUCTURE AGAIN WOULD EQUAL 84%. UH, AND THE UDC ALLOWS 50% FOR THE ACCESSORY STRUCTURE. UM, IF THE BOARD CHOOSES TO GRANT THE APPLICANT'S, UH, REQUEST ANY CONSTRUCTION OR BUILDING ALLOWED BY THIS VARIANCE, UH, HAS MUST CONFORM TO THE REQUIREMENTS SET BY FORT BY THE UDC, UH, INTERNATIONAL BUILDING CODE AND THE GRAND PRAIRIE MUNICIPAL CODE. ANY QUESTIONS? QUESTIONS TO MY RIGHT? GO AHEAD, MS. LAN. UH, SO A COVERED PATIO WOULD BE CONSIDERED A ACCESSORY STRUCTURE RATHER THAN JUST AN EXTENSION OF THAT HOME. IS IT CONNECTED TO THE HOME? YES. YES, SIR. IT'S NOT CONNECTED TO THE HOME. SO THAT IS THE REASON. IT'S, IT'S CLASSIFIED AS AN ACCESSORY STRUCTURE, BUT IF IT WAS CONNECTED, IT WOULD BE AN EXTENSION OF THE HOME. CORRECT. OKAY. THANK YOU. MM-HMM . QUESTIONS TO MY LEFT. THAT ANSWER LOOKS LIKE YOU STUMBLED ONTO MR. IPA'S QUESTION. I THINK THAT'S ALL THE QUESTIONS WE HAVE ON THIS ONE. THANK YOU. THANK YOU. AND SHE'S BACK. OKAY, AGENDA ITEM NUMBER EIGHT IS ZBA 23 0 6 0 0 4 8. THIS IS VARIANCE REQUEST FOR [00:30:01] LOT DEPTH AND SETBACKS. THIS IS LOCATED AT 1501 AVENUE C. THEY'RE WANTING TO PUT A NEW SINGLE FAMILY RESIDENCE AT THIS LOCATION. SO THEIR VARIANCE REQUESTS INCLUDE, UM, SO THEY'RE GOING TO REDUCE THE MINIMUM LOT DEPTH. SO 110 FEET IS REQUIRED IN SF FOUR ZONING. THEY'RE REQUESTING 65 FEET REDUCTION OF THE FRONT SETBACK. 25 FEET IS REQUIRED. THEY'RE REQUESTING 15 AND A REDUCTION OF THE REAR SETBACK 10 FEET IS REQUIRED. THEY'RE REQUESTING 6.8 FEET. SO THIS IS A SITE PLAN THAT WAS SUBMITTED. AND SO THE REASON WHAT'S TRIGGERING ALL OF THESE IS BECAUSE THEY HAVE THEIR ENTRANCE OFF OF GARRETT BOULEVARD AS OF RIGHT NOW. SO THE WAY THIS PROPERTY WAS PLOTTED IS IT WAS INTENDED FOR THE ENTRANCE TO BE OFF AVENUE C, BUT BECAUSE THEY'RE SHIFTING THAT ENTRANCE TO THE SIDE, THAT'S WHY THEY'RE UNABLE TO MEET THE FRONT SETBACK, THE REAR SETBACK. UM, AND SO THAT'S WHAT'S CAUSING THESE, IF THEY WERE WILLING TO MOVE THE ENTRANCE TO AVENUE C, THEY WOULD NOT REQUIRE ANY VARIANCES. SO THIS IS THE LAW IN QUESTION 41, NOTICES WERE SENT ZERO RETURN IN FAVOR, ZERO OPPOSED. AND THERE IS NOT AN HOA STAFF CANNOT SUPPORT THIS AS REQUESTED DUE TO THE FACT THAT THEY HAVE THE ABILITY TO, YOU KNOW, DEVELOP THIS HOME AND MEET ALL THE STANDARDS IF THEY'RE WILLING TO MOVE THAT SIDE SETBACK OR THE FRONT ENTRANCE TO AVENUE C. UM, THAT CONCLUDES THAT PRESENTATION AVAILABLE FOR ANY QUESTIONS? QUESTIONS TO MY RIGHT? QUESTIONS TO MY LEFT? OKAY. BOARD? NO, NEXT UP. ALL RIGHT, LAST ONE. AGENDA ITEM NUMBER NINE IS ZBA 23 0 6 0 0 4 9. SO THIS IS GOING TO BE FAMILIAR AS WELL. SO THIS IS 1901 WEST ARBOR ROSE DRIVE. SO IF YOU REMEMBER, THEY CAME A FEW MONTHS AGO. THEY HAD TWO DIFFERENT SEPARATE BUILDINGS. WE HAD RAN THEM TOGETHER ORIGINALLY WE DECIDED WE WERE GONNA SPLIT THEM AND RUN THOSE TWO REQUESTS SEPARATELY. SO YOU SAW THE CARPORT APPROVE THE CARPORT VARIANCES. SHE'S NOW COMING BACK FOR THE, WHAT'S GOING TO BE A VOLLEYBALL COURT. THERE'S THE ACCESSORY STRUCTURE. SO THE TWO VARIANCES IN FRONT OF YOU IS SHE'S WANTING A VARIANCE TO THE WALL HEIGHT. SO WHAT IS ALLOWED IS 15 OR 12 FEET. SHE'S REQUESTING A VARIANCE TO ALLOW IT TO GO 15 FEET. AND THE, SO WHENEVER YOU ARE OVER HALF AN ACRE, THE WAY THAT WE CALCULATE HOW MUCH ACCESSORY STRUCTURE YOU CAN HAVE, SO KIND OF LIKE ABDUL'S CASE, BUT FOR US, WE LOOK AT LOT COVERAGE. SO IF YOU'RE OVER THE HALF AN ACRE, WE'RE LOOKING AT LOT COVERAGE FOR ACCESSORY STRUCTURES. AND SO SHE'S GONNA REQUIRE VARIANCE OF FROM 11, 10% TO 11% FOR, UM, THE TOTAL AREA OF ALL THE ACCESSORY STRUCTURES. SO AGAIN, THIS, THE SITE PLAN, WHAT Y'ALL APPROVED LAST MONTH WAS NUMBER THREE, WE'RE LOOKING AT NUMBER FOUR, WHICH YOU CAN SEE IS HIGHLIGHTED IN READ THERE. THIS IS THE PROPOSED FLOOR PLAN. IT, NONE OF NOTHING HAS BEEN CHANGED SINCE THE FIRST TIME. THIS CAME BEFORE. ALSO, ALL OF THESE SHOULD BE FAMILIAR. AGAIN, THIS IS A PHOTO OF THE HOUSE. THIS WAS PROVIDED BY ONE OF THE NEIGHBORS. SO YOU CAN SEE WHAT THE STRUCTURE LOOKS LIKE ON THE NEIGHBOR'S SIDE. SO WE DID RECEIVE THREE LETTERS OF OPPOSITION. THEY'RE ALL THE PROPERTY OWNERS ALONG THAT REAR PROPERTY LINE. YOU CAN SEE THEM HIGHLIGHTED IN RED HERE. THE SUBJECT PROPERTIES IN YELLOW. SO 43 NOTICE WERE SENT ZERO RETURN IN FAVOR, THREE RETURNED OPPOSED. AND THERE IS NOT AN HOA STAFF IS UNABLE TO SUPPORT THIS AS REQUESTED DUE TO THE SIZE OF PRO THE SIZE OF THE PROPOSED ACCESSORY STRUCTURES. INQUIRE REPORT ALONG WITH THE EXISTING ACCESSORY STRUCTURE, FAR EXCEED THE SIZE OF ANY EXISTING ACCESSORY STRUCTURES AND THE NEIGHBORHOOD. THAT CONCLUDES STAFF'S PRESENTATION AVAILABLE FOR ANY QUESTIONS. QUESTIONS ON THIS PARTICULAR ITEM? TO MY RIGHT. QUESTIONS TO MY LEFT? OKAY. THANK YOU BRITTANY. WE WILL NOW CONCLUDE OUR BRIEFING SESSION FOR THIS MEETING. UH, WHAT IS THE PLEASURE OF THE BOARD? ANYBODY NEED A COMFORT THREE MINUTE COMFORT BREAK? I, NO, I JUST NEED TO ASK A QUESTION. OH, GO AHEAD SIR. BEFORE WE ADJOURN LAST MONTH WE HAD TWO APPEALS ON IT AND ONE OF 'EM, THERE'S ONLY ONE ON THIS TIME. DID ONE OF 'EM WITHDRAW? ONE OF 'EM, ONE OF 'EM GOT SETTLED OUT AS I UNDERSTAND IT. OF RESOLVED, RESOLVE IT. YES, THEY WERE, WE WERE ABLE TO RESOLVE IT AND SO IT WAS, IF IT WAS FORMALLY WITHDRAWN. OKAY. ALRIGHT. SO WE ARE ADJOURNED. DO WE NEED ANY, WE OKAY WITH WITHOUT A COMFORT BREAK? WE CAN ROLL RIGHT BACK INTO THIS. ALL THESE NICE PEOPLE ARE HERE TO SEE HIS WORK. ALL RIGHT, WE'LL GO [Call to Order] RIGHT INTO IT THEN. WE ARE ADJOURNED FROM THAT MEETING NOW. WELCOME TO THE CITY OF GRAND PRAIRIE ZONING BOARD OF ADJUSTMENTS AND APPEALS MEETING OF JULY 17TH, 2023. I'M BARRY SANDERS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS. THIS MEETING IS HEREBY CALL TO ORDER AT SIX OH SIX 10:00 PM THE ZONING BOARD OF ADJUSTMENTS USUALLY MEETS THE 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 ADJUSTMENTS IS APPOINTED BY THE CITY COUNCIL TO CONSIDER VARIANCES, EXCEPTIONS AND APPEALS AS 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, SEVEN MEMBERS OF THE BOARD. AS YOU CAN SEE, THERE ARE NINE OF US UP HERE TO GET ANY BO ANY APPEAL OR ANYTHING DONE? YOU NEED SEVEN YOUR WAY. SIX THREE DOESN'T WORK. FIVE FOUR DOESN'T WORK. NEED SEVEN TO, UH, DECIDE IN FAVOR OF AN APPLICANT ON ANY MATTER ON WHICH THE BOARD HAS JURISDICTION. [00:35:01] MEMBERS OF THE PUBLIC MAY ADDRESS THE BOARD ON ITEMS LISTED ON THIS AGENDA UNDER PUBLIC HEARING. I'M NOW GONNA CONDUCT A ROLL CALL TO CONFIRM THE PRESENCE OF A QUORUM. AFTER I CALL YOUR NAME, PLEASE SAY HERE JUST LIKE THIS. BARRY SANDIS. HERE. KIMBERLY RO. HERE. DAVID BAKER. HERE. ERIC ADEEN. HERE. DEPUTY . HERE. CLAYTON HUTCHINS. HERE. TIMOTHY OPPO. HERE. ANTHONY LANGSTON. HERE. AND TOMMY LAND. HERE, LET THE RECORD SHOW. WE HAVE NINE. SO YOU HAVE NINE. NEED SEVEN. WE HAVE NINE MEMBERS PRESENT. SO WE DO HAVE A QUORUM AND WE CAN MOVE FORWARD. UH, AND NOW [Invocation] I'M GONNA ASK MR. BAKER TO GIVE AN INVOCATION. YES, PLEASE. DEARLY. FATHER, WE THANK YOU FOR THIS GREAT EVENING GRAND PRAIRIE. UH, LORD, JUST BE WITH US TONIGHT. UH, HELP US MAKE DECISIONS THAT ARE HONEST AND, AND FAIR AND FAITHFUL FOR THE CITIZENS OF GRAND. PRAY. LORD, BE WITH US AND BLESS US, WE AS THINGS YOUR NAME. AMEN. AMEN. IN AN EFFORT TO MINIMIZE DISRUPTIONS THE FOLLOWING MEETING GUIDELINES WILL APPLY. THE STAFF WILL PRESENT FIRST ON ANY AGENDA ITEM. APPLICANTS HAVE 30 MINUTES TO PRESENT. ONCE THE APPLICANT HAS SPOKEN, EACH MEMBER OF THE PUBLIC WHO FILLS OUT A SPEAKER, UM, WE'LL HAVE FIVE MINUTES TO SPEAK. THE SPEAKER CARD'S GONNA BE FOUND AT THE TOP, JUST OUTSIDE THE DOOR AS I UNDERSTAND, UH, WITH THE TIME ALLOWED AT THE DISCRETION OF THE CHAIRMAN. THAT'S ME. UH, SPEAKERS SHOULD GIVE THEIR NAME AND ADDRESS RIGHT UP AT THE TOP SO THAT WE KNOW WHO'S SPEAKING AND, AND WHERE YOU LIVE FOR THE RECORD ALONG WITH WHOM YOU REPRESENT. IF NECESSARY, STAFF WILL BE AVAILABLE TO RESPOND TO QUESTIONS FOLLOWING THE PRESENTATION OF EACH ITEM. AN INDIVIDUAL WHO'D LIKE TO SPEAK ON A TOPIC NOT ACTUALLY LISTED ON OUR AGENDA MAY DO SO. UNDER THE HEADING OF CITIZEN COMMENTS, OUR FIRST ACTION ITEM OF THE NIGHT IS APPROVAL [APPROVAL OF MINUTES] OF THE MINUTES OF THE MEETING OF JUNE 19TH, 2023. IS THERE ANY MEMBER ON THE BOARD WHO WISHES TO SPEAK ON THESE MINUTES? ANY MEMBER OF THE PUBLIC THAT WISHES TO SPEAK ON THESE MINUTES? SEEING NONE, I'LL ENTERTAIN A MOTION TO APPROVE THE MINUTES OF JUNE 19TH, 2023 MEETING. MR. CHAIRMAN, I'LL MAKE A MOTION AND WE APPROVE THE MINUTES OF THE MEETING OF JUNE 19TH, 2023. I HAVE A MOTION BY MR. BAKER, A SECOND BY MR. HUTCHINS WHO HAPPEN TO CATCH ME LINE OF SIGHT. UM, ANY DISCUSSION IF NOT ALL THOSE IN FAVOR OF APPROVE OF THE MINUTES? RAISE YOUR RIGHT HAND AND SAY, AYE. AYE. THAT IS APPROVED NINE TO ZERO. THAT MOTION PASSES, WHICH WILL TAKE US TO THE PUBLIC HEARING PORTION OF OUR MEETING. WE'VE, UH, DO HAVE A DECISION TO BE RENDERED ON AN APPEAL AS WELL AS SEVEN CASES ON THE AGENDA. NINE. [2. ZBA-23-06-0041 (Council District 5) – Appeal the decision of the Building Official to deny a Certificate of Occupancy (C.O.) for Auto Dealer (Non-Franchised Used), located at 1326 W Main Street, legally described as Lot 7 and a portion of Lot 6, Block 67, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, zoned Commercial (Part 1 of 2)] FIRST ITEM UP FOR CONSIDERATION IS ZBA 2 3 0 6 0 0 4 1, WHICH IS ITEM TWO ON YOUR AGENDA. THERE THEY ARE. UM, A PUBLIC HEARING WAS CONDUCTED ON THIS MATTER ON JUNE 19TH, 2023, MEETING OF THE ZONING BOARD OF ADJUSTMENTS IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT. DOES ANYONE WANNA SPEAK FURTHER ON THIS MATTER? SEEING NONE, I'M GOING TO ENTERTAIN A LOOK HERE. ALL RIGHT. I'LL NOW ENTERTAIN A MOTION TO GRANT OR DENY THE APPEAL. REMEMBER THAT A VOTE GRANTING THE APPEAL IS A VOTE OVERTURNING THE CITY OFFICIALS DETERMINATION THAT THE USE OF AUTO DEALER NON FRANCHISE USED HAS BEEN ABANDONED, THEREFORE IS NO LONGER A LEGAL NONCONFORMING USE ON THE PROPERTY. ALTERNATIVELY, A VOTE DENYING THE APPEAL IS A VOTE AFFIRMING THE CITY OFFICIAL'S DETERMINATION THAT THE USE OF AUTO DEALER NON FRANCHISE USED HAS BEEN ABANDONED, THEREFORE IS NO LONGER A LEGAL NON-CONFORMING USE FOR PROPERTY. SO WE GOT TWO CHOICES. IS IS HOW THE MOTION'S GONNA GO TO OVERTURN THE CITY OFFICIAL'S DETERMINATION OR AFFIRM THE CITY OFFICIAL'S DETERMINATION? THAT'S WHAT THE MOTION WILL BE AT THIS POINT. I CAN ENTERTAIN DISCUSSIONS AND WE CAN DISCUSS OUR THOUGHTS GOING FORWARD. EACH OF US IS JUST ONE VOTE. I WANNA REMIND YOU IT IS GONNA TAKE SEVEN OUTTA NINE TO GRANT THIS WITHOUT. UH, SO BASICALLY YOU NEED SEVEN OUTTA NINE TO OVERTURN THE BUILDING OFFICIAL. OTHERWISE NOTHING HAPPENS IN THE ABSENCE THAT THIS BOARD DOESN'T COME TO SEVEN OUT OF NINE, CORRECT? CORRECT. CORRECT. ANY OTHER DISCUSSION ON THIS ITEM? HAS EVERYBODY PRETTY MUCH GOT THEIR MIND CLEAR ON WHAT WE'RE DOING? YES. OKAY, SO TELL ME AGAIN. I I MEAN, SO IF WE VOTE, IF, UH, APPEAL, APPROVE THE APPEAL, THEN, THEN IT, THEN THE, UH, PROPERTY OWNER WINS HIS APPEAL, DENY THE APPEAL PROPERTY OWNER IS NOT, THAT'S NOT CORRECT. OKAY. SO IT MIGHT BE CLEANER JUST TO GO AHEAD AND MAKE A MOTION. WELL, LET'S WAIT. SEE IF THERE'S ANY OTHER DISCUSSION FIRST. RIGHT? WELL, ANYBODY ELSE WANNA TALK ABOUT THIS? IS THERE ANY EVIDENCE FROM THE, THE PARTY? UH, WELL, LAST MONTH WAS PRESENTED, BUT NOT THIS MONTH. NOT THERE'S, [00:40:01] APPEARS NOT TO BE ANYTHING NEW. THIS IN THE ROOM TONIGHT? I I CALLED FOR THAT. THERE'S NO CARDS ON THIS PARTICULAR CASE. NO MORE DISCUSSION. SO WE'RE UP TO DISCUSSION AMONGST OURSELVES NOW. ARE WE ALL CLEAR ON WHAT WE'RE DECIDING? AND WE ALL HEARD OUR CASE? MR. CHAIRMAN, I MAKE A MOTION THAT WE CLOSE ZBA 23 0 6 0 0 4 1 AND APPROVE, APPROVE, APPROVE THE APPEAL. APPROVE THE APPEAL THAT THE BUILDING OFFICIAL'S DETERMINATION WAS INCORRECT. THAT, THAT, THAT THE, IT'S NOT, THAT'S WHY WHAT SHE SAYS, SHE SAID THE, THAT THE, UM, THAT THAT THEY HAVE ABANDONED. OKAY. SO THEY DID, THEY DID NOT ABANDON. I WANNA BE REAL CLEAR ON THIS. SO WE'RE NOT VOTING UPSIDE DOWN OR BACKWARDS ON THIS, THAT, THAT THE APPEAL THAT THEY DID NOT ABANDON THEIR, THEIR USE. OKAY, SO WE ARE GO, WE ARE MAKING A MOTION TO SU UPHOLD THE PROPERTY OWNER'S DETERMINATION THAT THEY DIDN'T ABANDON THE PROPERTY CORRECT FROM THEN. AND THAT THE BUILDING OFFICIAL MADE AN ERROR. SO A VOTE TO AFFIRM, AFFIRMS THAT AN INCORRECT DECISION WAS MADE. CORRECT? SO WHEN I ASK FOR YOUR VOTES, A VOTE FOR IS YOUR, YOUR VOTING, YOUR, THAT YOU KNOW THE BUILDING OFFICIALS WRONG OKAY. OR MADE A MISTAKE, CORRECT? YES. LAST SECOND. CORRECT. OKAY. SO WE HAVE A MOTION FOR MR. BAKER. A SECOND FOR MR. LANGSTON. EVERYBODY IS CLEAR THAT WE ARE GONNA, WE HAVE A MOTION BEFORE US THAT THE BUILDING OFFICIAL ERR, SO TO APPROVE THE APPEAL OF THE PROPERTY OWNERS. MM-HMM . IS HOW THAT'S BEING WORDED. ARE WE CLEANED WITH OUR LEGAL SAYING IT LIKE THAT? IT, THAT'S FINE. IT'S NOT HERE. I MEAN, I'VE VAMPED AROUND A LITTLE BIT, BUT WE, WE WANNA YOU'RE APPROVING IT OR GRANTING THE, THE APPEAL. SO, SO THE MOTION IS TO SUPPORT THE APPEAL. SO THERE WE GO. LOOKING FOR A VOTE. ALL THOSE IN FAVOR OF THE MOTION AS PRESENTED. RAISE YOUR RIGHT HAND. SAY AYE. AYE. AYE. AYE. HOLD 'EM UP. 1, 2, 3, 4, 5. ALL THOSE OPPOSED? SAME SIGN. 1, 2, 3, 4. SO THE MOTION DOES NOT FEEL, AND WE STICK WITH THE BUILDING OFFICIALS DECISION. IS THAT HOW THAT GOES OUT BY A VOTE OF FIVE TO FOUR? IS THAT RIGHT? ALL RIGHT, MOVING ON TO CLEANER PASTURES. ALL RIGHT, UP YOU GO, BRITTANY. OKAY. [3. ZBA-23-04-0028 (Council District 3) – Variance to increase the maximum height and reduce the minimum side setback for a single family residence permitted under the Unified Development Code, located at 2426 Miller Street, legally described as Lot 12, Block 9, Mountain Lakeview Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District] OKAY. AGENDA ITEM NUMBER THREE IS ZBA 2 3 0 4 0 0 2 8 ARE VARIANCE REQUEST FOR MAXIMUM HEIGHT AND, UM, SIDE SETBACK. SO THIS IS LOCATED AT 24 2 6 MILLER STREET. THEY ARE, UH, REQUESTING A VARIANCE, THE MAXIMUM HEIGHT, WHICH IS 25 FEET, THEY'RE REQUESTING 27 FEET AND A VARIANCE TO REDUCE THE SIDE SETBACK FROM THE REQUIRED SIX FEET TO FIVE FEET. AGAIN, THIS SHOULD BE FAMILIAR, THIS CAME BEFORE US A COUPLE MONTHS AGO, BUT THEY'VE SINCE REDUCED THE NUMBER OF VARIANCES THEY'RE REQUESTING. SO THIS IS VERY SINGLE FAMILY HOME. YOU CAN SEE HERE THE SITE PLAN, THE FLOOR PLAN, THE BUILDING ELEVATIONS. THIS IS A PHOTO OF THE LAW IN QUESTION 58 NOTICES WERE SENT ZERO RETURN IN FAVOR, ZERO OPPOSED. AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT TO THIS AS REQUESTED AND IS AVAILABLE FOR ANY QUESTIONS. OKAY. UM, ON CASE 28, DO I HAVE JESUS VALDIVIA HERE? IF YOU COULD COME TO THE MICROPHONE, PLEASE LET US KNOW. START WITH YOUR NAME AND YOUR ADDRESS AND LET US KNOW WHAT WE NEED TO KNOW ABOUT THIS CASE. GOOD EVENING. MY NAME IS JESUS VALDIVIA AND I LIVE AT 7 25 GRAND HILL LANE, GRAND PRAIRIE, TEXAS 7 5 0 5 2. ALL RIGHT. WE WERE HERE TWO MONTHS AGO WITH A BUNCH OF VARIANCES, OVER 50% USING THE LOT. SO WE CUT THE BACK PORCH, WE TOOK IT OFF. UM, I HAD AN UNDERSTANDING THAT THE SIDES WERE SUPPOSED TO BE SIX FEET, SO I KEPT A SIX FEET INSTEAD OF THE FIVE. UH, AND ON THE HEIGHT WE TRY TO MINIMIZE THE HEIGHT, BUT ACCORDING TO THE PLANTS, I DIDN'T LIKE THE WAY IT LOOKED TO BE HONEST. AND WE'RE HERE TO MAKE GRAND PRAIRIE BEAUTIFUL. RIGHT. SO, SO I WAS LIKE, LET'S JUST SKIP THE 27 AND HOPE THAT WE CAN GET AN APPROVAL THIS TIME. SO, SO YEAH, I JUST WANNA MAKE THAT NEIGHBORHOOD MUCH BETTER THAN WHAT IT IS RIGHT NOW. OKAY. ANY QUESTIONS FOR THE APPLICANT BEFORE US TODAY? TO MY LEFT? YES SIR. MR. VAPO, GO AHEAD. IS WHEN YOU BRING IT TO 27, WILL IT BE THE HIGHEST WITHIN THE VICINITY? THAT WILL BE THE HIGHEST POINT OF THE HOUSE? YES SIR. THANK YOU. ALRIGHT, UM, ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU SIR. APPRECIATE YOU COMING DOWN. THANK YOU. ANYONE ELSE WISHING TO SPEAK ON THIS CASE, WHICH IS [00:45:01] ZBA 2 3 0 4 0 0 2 8. SEEING NONE, ANYONE WISHING TO SPEAK IN OPPOSITION TO THIS CASE? SEEING NONE. I WILL ENTERTAIN A MOTION. MR. CHAIRMAN, I MAKE A MOTION WILL BE CLOSED. IT APPROVES EBA 2 3 0 4 0 0 2 8. I HAVE A MOTION FROM MR. BAKER. A SECOND FROM MS. ACHE. YOU GUYS WITH YOUR SILENT SECONDS OR JUST DRIVING ME CRAZY. UM, BUT I HAVE A MOTION AND A SECOND. ANY DISCUSSION? ALL RIGHT. ALL THOSE IN FAVOR OF THE MOTION, PLEASE RAISE YOUR RIGHT HAND, SAY AYE. A AYE. OPPOSED SAME SIGN. MOTION APPROVED NINE TO ZERO. MOVES [4. ZBA-23-05-0037 (Council District 3) – Variance to increase the maximum height for a fence permitted under the Unified Development Code, located at 1729 Avenue B, legally described as Lot 3R, Block, 15, Lake Crest No. 2 Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District] US TO ITEM FOUR ON THE AGENDA. YES. AGENDA ITEM NUMBER FOUR IS ZBA 23 0 5 0 0 3 7. THIS IS A VARIANCE TO A FENCE HEIGHT LOCATED AT 1729 AVENUE B. SO AGAIN, THIS HAS COME BEFORE US. THEY'RE CLAIM THEY WERE TABLE LAST MONTH. THEY'RE BACK THIS MONTH. SO THE ALLOWED HEIGHT IN THAT SETBACK IS FOUR FEET. THEY'RE REQUESTING A HEIGHT OF SIX FEET. THIS IS THE SITE PLAN THAT WAS SUBMITTED. THIS IS THE SUBJECT PROPERTY AGAIN, YOU CAN SEE HERE THEY OUTLINED THE FENCES LOCATION. THEY WILL BE TRIMMING THE BUSHES BUT THEY WON'T BE REMOVING THEM IN ORDER TO INSTALL IT. BUT THE BUSHES WILL REMAIN, THE TREES WILL REMAIN. SO THIS IS A EXAMPLE OF THE FENCE MATERIAL. THIS IS ACTUALLY WHAT'S OUT THERE RIGHT NOW ON CITY PROPERTY. IT'S GOING TO MATCH WHAT'S OUT THERE. SO 77 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 TO MY RIGHT FOR STAFF. QUESTIONS TO MY LEFT FOR STAFF, SAY NONE. THANK YOU. BRITTANY, DO WE HAVE AN APPLICANT CARD FOR THIS PARTICULAR CASE? I DON'T SEE ONE IN FRONT OF ME. I DO HAVE EDGAR A AGUILAR. IS EDGAR IN THE BUILDING? MR. GUIAR? I DON'T BELIEVE HE WAS ABLE. DON'T BELIEVE HE MAY. HE'S NOT GONNA BE ABLE TO ATTEND. THAT'S ALRIGHT. I DON'T, SEEMS PRETTY STRAIGHTFORWARD. I DON'T EVEN KNOW THAT WE NEED TO SEE HIM. BUT ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF THIS CASE? ANYONE ELSE IN THE ROOM WISHING TO SPEAK IN OPPOSITION TO THIS CASE? SEEING NO, I WILL, UH, ASK FOR A MOTION. MR. CHAIRMAN, I'LL MAKE A MOTION THAT WE CLOSE AND APPROVE ZBA 23 0 5 0 0 3 7 SECOND. HEY, I GOT AUDIBLE . I HAVE A MOTION FROM MR. BAKER AND AN AUDIBLE SECOND FOR MS. CHEK. UH, SO ANY DISCUSSION I'LL ASK YOU TO UH, THOSE IN FAVOR OF THE MOTION. RAISE YOUR RIGHT HAND AND SAY AYE. AYE. AYE. ANY OPPOSED? SAME SIGN. OKAY, THAT MOTION PASSES NINE TO ZERO, WHICH TAKES US UP TO [5. ZBA-23-06-0047 (Council District 3) – Special Exception for a front yard carport, located at 2458 Hardy Road, legally described as Lot 2R, Block 7, Mountain Lakeview Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District] CHRISTINA. LUCKY NUMBER FIVE. GOOD EVENING MR. CHAIRMAN. BOARD MEMBERS ITEM FIVE IS CBA 2 3 0 604 7. A SPECIAL EXCEPTION FOR A FRONT YARD CARPORT. THE APPLICANT IS NOT REQUESTING ANY OTHER VARIANCES. THE LOCATION IS 2 4 5 8 HARDY ROAD ZONE FOR SINGLE FAMILY. FOUR. THE SITE PLAN SHOWS THE PROPOSED CARPORT MEETS ALL REQUIREMENTS FOR PLACEMENT ON THE SUBJECT PROPERTY. THE PHOTO SHOWS THERE IS NOT AN EXISTING CARPORT AT THE SUBJECT PROPERTY. SPECIAL EXCEPTIONS FOR A FRONT YARD CARPORT ARE REQUIRED WHEN THE SUBJECT PROPERTY OUTLINED IN RED IS LOCATED FURTHER, UH, THAN 800 FEET FROM EXISTING LEGAL CARPORTS SHOWN IN BLUE. 47 NOTICES WERE SENT. THERE WERE NO RETURNS. THERE IS NO HOMEOWNERS ASSOCIATION. STAFF DOES NOT OBJECT TO THIS REQUEST. THAT CONCLUDES MY PRESENTATION. I AM HAPPY TO ANSWER ANY QUESTIONS. ANY QUESTIONS ON THIS PARTICULAR CASE? YES, MR. EPU, IS THERE, UH, ANY ATTACHMENT OF THE CARPORT TO THE MAIN HOUSE OR IS IT SEPARATE? IF, IF I UNDERSTOOD YOU, YOU WERE ASKING IF THERE WERE ANY OTHER CARPORTS ON? NO. IS THIS CARPORT ATTACHED TO THE MAIN HOUSE OR NOT? OKAY. THANK YOU FOR THE CLARIFICATION. NO, IT'S NOT ATTACHED. NO, IT IS NOT ATTACHED. THANK YOU. ANY OTHER QUESTIONS? ALRIGHT, THANK YOU CHRISTINA. WELL DONE. THANK YOU VERY MUCH. SEE, WE'RE NOT THAT BAD NO MATTER WHAT BRITTANY TELLS YOU. . UM, ALL RIGHT, ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF THIS CASE? ZBA 2 3 0 6 0 0 4 7. ANYONE WISH TO SPEAK IN OPPOSITION TO 2 3 0 6 0 0 4 7? SEEING NONE, I'LL ENTERTAIN A MOTION. MR. CHAIRMAN, I'LL MAKE A MOTION. WE CLOSE AND APPROVE ZBA 2 3 0 6 0 4 5. I HAVE A MOTION FROM MR. BAKER SECOND AND A SECOND FOR MS. EK. JUST GONNA CLOSE MY EYES AND SEE IF I CAN HEAR THE SECOND IN THE FOUR SEVEN. I'M SORRY. FOUR SEVEN. THIS IS FOUR SEVEN. I'M SORRY, YOU SAID FOUR FIVE. I'M SHE'S FOUR SEVEN. I'M SORRY. THANK [00:50:01] MR. CHAIRMAN, I MAKE A MOTION TO CLOSE EBA 23 6 4. 7 4 7. YEAH. ITEM FIVE ON THE AGENDA. THIS IS THE PROPERTY AT HARDY ROAD. SO WE'RE ALL ON THE SAME PAGE. WE HAVE A MOTION TO APPROVE SECOND AND A SECOND FROM BAKER AND HICK. ALL THOSE IN FAVOR? RAISE YOUR RIGHT HAND, SAY AYE. AYE. OPPOSED? SAME SIGN THAT MO THAT MOTION PASSES. NINE TO ZERO. OKAY. [6. ZBA-23-06-0045 (Council District 1) – Special Exception for a side yard carport, located at 2518 Vega Street, legally described as Lot 9, Block G, Meadow Oaks No. 4 Addition, City of Grand Prairie, Dallas County, Texas, zoned Planned Development-111] AGENDA ITEM NUMBER SIX IS ZBA 23 0 6 0 0 4 5. THIS IS A SPECIAL EXCEPTION REQUEST FOR A SIDE YARD CARPORT LOCATED AT 2 5 1 8 VEGAS STREET. SO YOU CAN TO SEE FROM THE SITE PLAN, THEY'RE NOT REQUESTING ANY VARIANCES. THERE'RE MEETING ALL OF OUR DENSITY AND DIMENSIONAL REQUIREMENTS, INCLUDING THE, UM, SIDE AND REAR SETBACKS. SO AGAIN, IT'S GONNA BE LOCATED TO THE LEFT OF THE HOUSE HERE. YOU CAN SEE THERE'S A LOT OF, UH, NATURAL LANDSCAPES. SO IT'LL BE WELL SCREENED FROM BOTH, UM, THE NEIGHBOR AND THE ROAD. SO YOU CAN SEE HERE, THERE ARE EXISTING CARPORTS IN THE NEIGHBORHOOD, BUT THIS IS NOT WITHIN THAT BUFFER ZONE. SO THEY ARE HAVING TO COME BEFORE GAL FOR THE SPECIAL EXCEPTION, BUT THEY DO EXIST IN THE NEIGHBORHOOD ALREADY. 35 NOTICES WERE SENT. ZERO. RETURN IN FAVOR, ZERO OPPOSED. AND THERE IS NONE. HOA STAFF DOES NOT OBJECT TO THIS AS REQUESTED AND IS AVAILABLE FOR ANY QUESTIONS. ANY QUESTIONS OF STAFF? TO MY RIGHT. QUESTIONS TO MY LEFT. OKAY. THANK YOU BRITTANY. UH, WE HAVE AN APPLICANT CARD HERE. UH, LET'S SEE. GOT A COUPLE DIFFERENT NUMBERS AND I'LL SWITCH AROUND HERE. WE'RE ON 45 NOW. WE'RE ON 45. AND I DON'T HAVE A SPEAKER CARD FOR 45, BUT JUST RONALD BARRETT IS THE NAME I HAVE HERE. IS BARRETT IN THE ROOM? NOPE. ALL RIGHT, THEN WE'LL MOVE ON WITHOUT, AND ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF THIS CASE? SEEING NONE. ANYONE WISHING TO SPEAK IN OPPOSITION TO THIS CASE? IF NOT, I'LL ENTERTAIN A MA. UH, A MOTION ON 2 3 0 6 0 0 4 5. WELL, MR. CHAIRMAN, NOW I'LL MAKE A MOTION THAT WE CLOSE AND APPROVE ZB 8 23 0 6 0 0 4 5. ALL RIGHT, I HAVE A MOTION. SECOND AND A SECOND FOR MS. EK. HAVE MR. BAKER MADE THE MOTION? MS. EK MADE THE SECOND. ANY DISCUSSION? SEEING NONE. ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND, SAY AYE. AYE. ANY OPPOSED? SAME SIGN. MOTION PASSES NINE TO ZERO, [7. ZBA-23-06-0043 (Council District 3) – Variances to reduce the minimum side setback and increase the maximum area for an accessory structure permitted under the Unified Development Code, located at 2125 Windchime Drive, legally described as Lot 13, Block 5, Cinnamon Ridge Addition, City of Grand Prairie, Dallas County, Texas, zoned Planned Development District-75.] WHICH WILL TAKE US TO ITEM SEVEN ON THE AGENDA, WHICH IS ZBA 2 3 0 6 4 3 ABDUL. THANK YOU MR. CHAIR. GOOD EVENING TO THE COMMISSIONERS. ALRIGHT, UH, ZBA 23 0 6 0 0 4 3 IS A VARIANCE. UH, VARIANCE IS FOR SETBACK AND ACCESSORY STRUCTURE. THE SUBJECT PROPERTY IS LOCATED ON 2125. WIND CHIME DRIVE, UH, IN THE ZONE, UH, PLAN DEVELOPMENT 75. THE VARIANCE IS, UH, THERE ARE TWO, UH, ONE IS FOR REDUCTION OF THE INTERNAL SIDE YARD SETBACK. AND THE SECOND WAS, THE SECOND ONE IS FOR THE INCREASE IN THE MAXIMUM AREA FOR AN ACCESSORY STRUCTURE. UH, THIS IS A SITE PLAN, UH, WHICH SHOWS THAT THE PRIMARY STRUCTURE, WHICH IS THE HOUSE, HOUSE IS 1,492 SQUARE FEET. UM, COMBINING THE COVERED PORCH WITH WHICH IS DETACHED AND NOT ATTACHED TO THE HOUSE. AND THE PROPOSED SHED, UH, WOULD EQUAL 84% OF THE PRIMARY STRUCTURE SQUARE FOOTAGE, UH, OR EXCEEDS. SO THE MAXIMUM ALLOWED IS ONLY 50%. SO IF ALLOWED, IT WOULD EXCEED TO 84%. AND, UH, THE SIDE YARD SETBACK. SO PD ALLOWS FOR FIVE, UH, FOOT SIDE YARD SETBACK AND THE APPLICANT'S REQUESTING FOUR, UH, FOOT AND, UH, FOUR INCHES. THIS IS A PHOTO OF, UH, THE HOUSE. AGAIN, YOU CAN ONLY SEE THE COVERED PORCH, WHICH IS DETACHED. AND THEN, UH, THIS IS THE BUFFER MAP. UM, THERE WERE THREE, UH, THREE IN AGAINST THE VARIANCE REQUESTS, WHICH ARE HIGHLIGHTED IN RED. ONE IN FAVOR. AND YELLOW IS WHERE THE SUBJECT PROPERTY IS. THERE WERE 36 NOTICES SENT. ONE IN FAVOR. THREE OPPOSED, UH, STAFF CANNOT SUPPORT THE VARIANCE DUE TO THE FOLLOWING FACTS. THE ONE VARIANCE IS ITSELF CREATED HARDSHIP. AND TWO, THE COMBINED SQUARE FOOTAGE OF THE EXISTING ACCESSORY STRUCTURE AND THE PROPOSED ACCESSORY STRUCTURE WOULD EQUAL 84% OF THE SQUARE FOOTAGE OF THE PRIMARY STRUCTURE PER UDC 6 63 B. ACCESSORY STRUCTURES ARE LIMITED TO 50% OF THE SQUARE FOOTAGE OF THE PRIMARY STRUCTURE. IF THE BOARD CHOOSES TO GRANT THE VARIANCE, UH, VARIANCES. ANY CONSTRUCTION OR BUILDING ALLOWED BY THIS VARIANCE MUST CONFORM TO THE REQUIREMENTS SET FORWARD BY THE UDC, UH, THE INTERNATIONAL BUILDING CODE AND THE GRAND PRAIRIE MUNICIPAL CODE. THIS, UH, CONCLUDES MY PRESENTATION. I'D BE HAPPY TO ANSWER ANY QUESTIONS. QUESTIONS OF STAFFED. AM I RIGHT MR. LAND? YES. UM, IF THE APPLICANT [00:55:01] ATTACHED THE COVERED PATIO TO THE HOME, THEN IT WOULD NO LONGER BE PART OF THE CALCULATION FOR SUCH RESTRUCTURE, IS THAT CORRECT? THAT IS CORRECT. AND DOES THE CITY HAVE AN INTERPRETATION OF HOW, WHAT THEY WOULD HAVE TO DO TO BE CONSIDERED ATTACHED TO THAT HOME? SO WE DO, BUT THAT WOULD BE MORE QUESTION FOR BUILDING INSPECTIONS. I'D HAVE TO GET BACK WITH YOU ON WHAT THAT EXACTLY IS, BUT THERE IS A CERTAIN THEY HAVE TO ATTACH IN A SPECIFIC WAY FOR, SO THAT MIGHT BE AN OPTION FOR THE HOMEOWNERS TO GET BACK WITH THE SAME WELL, WE HAVE A SPEAKER CARD FROM THE APPLICANT, SO OKAY. HE'LL BE UP HERE. I BET WE CAN HAVE THAT CONVERSATION WITH HIM. JUST A SECOND. OTHER QUESTIONS TO STAFF? TO MY LEFT. SEEING NONE. OH, MR. HUTCHINS, GO AHEAD, SIR. UH, THE, UH, IF HE DID DETACH IT, WHAT, WHAT WOULD THE SQUARE FOOTAGE BE THEN? UH, THE, LEMME GO BACK TO THE SITE PLAN, THEN. THE PROPOSED SHEDS AS SQUARE FOOTAGE WOULD BE 352 SQUARE FEET, WHICH IS WELL UNDER THE 50% REQUIREMENT. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? IF NOT, THANK YOU OUL. I THINK YOU'RE GOOD. MR. INE, DID YOU HAVE SOMETHING? UH, I WONDERED IF THE SHED WAS THERE YET. YES. OH, NO, NO. OH, WAIT, HAVE HAVE THE, HANG ON, LET'S GET STAFF TO ANSWER THAT RATHER NOT FINDING OUT AMONGST OURSELVES. THE, THE REASON FOR THE FOUR, UH, FOUR REQUESTS ON THE INTERNAL SIDE SETBACK IS THE FOUNDATION, AS I UNDERSTAND, WAS ALREADY LAID, WAS ALREADY, AND THE APPLICANT CAN, OKAY, SO THE FOUNDATION WAS LAID, BUT THE BUT IT HASN'T BEEN BUILT. THAT IS MY UNDERSTANDING, YES, SIR. OKAY. OKAY. THANK YOU ABDO. APPRECIATE THAT. YOU GOT ONE MORE AB DO WE JUST WANNA SEE YOU WALK HALFWAY BACK? YOU'RE DOING A GREAT JOB OF THAT TOO. . UH, NOW IF HE FAILS TONIGHT, THEN HOW LONG DOES HE HAVE TO WAIT BEFORE HE GOES? COMES BACK SO YOU CANNOT COME BACK WITH THE SAME REQUEST IN SIX MONTHS? IN THE PAST WE HAVE LOOKED AT IT WHERE IF THEY MAKE A SIGNIFICANT ENOUGH CHANGE, WHICH LEGAL WOULD REVIEW, WE COULD POTENTIALLY BRING THEM BEFORE THE BOARD BEFORE SIX MONTHS. OKAY. SO IF HE WAS ATTACHED TO THE HOUSE, THEN HE COULD COME BACK WITH A DIFF IT WOULD BE, WELL, IF HE ATTACHED THE COVERED PORCH, THE SHED WOULD ONLY REQUIRE THE SIDE SETBACK. WE COULD POTENTIALLY, WE'D HAVE TO TALK TO LEGAL, BUT WE COULD POTENTIALLY BRING IT BACK BEFORE. THANK YOU. I SEE WHERE YOU'RE GOING. THERE. YOU MADE HIM WALK BACK TO THAT. ALL RIGHT. JUST CHECKING. ALL RIGHT, WE'LL WAIT UNTIL HE GETS HALFWAY. AND VINCENT. ALL RIGHT. I HAVE ONE SPEAKER CARD. MIGUEL ARDENA. YOU IN THE ROOM? COME ON DOWN, SIR. START WITH YOUR NAME AND YOUR ADDRESS, WHICH WE ALREADY KNOW, BUT WE WANT TO HEAR IT ON THE RECORD. TELL US ABOUT YOUR SHED AND YOUR, YOUR STRUCTURE AND YEAH, IT'S BIG. UH, YEAH. SO, UH, MY NAME'S MICHAEL . ADDRESS IS 2125 WIND CHIME DRIVE, GRAND PRAIRIE, TEXAS 7 5 0 5 1. UM, SO YEAH, JUST KIND OF A DETACHED SHED FOR STORAGE. UM, NEVER HAVE TOO MUCH STORAGE. IT'S, UM, OBVIOUSLY IN THE BACKYARD. I MEAN, BORDERLINE IMPOSSIBLE TO SEE FROM THE STREET. UM, THE COVERED PORCH, THAT'S NEW. I HAD NEVER HEARD OF THAT AREA THING. AND I'LL BE HONEST, I KIND OF JUMPED THE GUN ON POURING THE FOUNDATION. AND THAT'S THAT IS MY FAULT. UM, NOW THE COVERED PORCH AS IT IS, UH, TECHNICALLY KIND OF ALREADY EXCEEDS 50% OF THE HOUSE, WHICH IS A LITTLE ODD TO ME SINCE ALL THAT WAS PERMITTED AND APPROVED AND, YOU KNOW, ALL THAT WAS, HOLD ON. I THINK STAFF'S EITHER GONNA HELP YOU OR I HURT YOU HERE. UH, THE ARTICLE SIX WAS UPDATED. UM, I BELIEVE IT WAS EITHER 2018 OR 2021, BUT THE WAY IN WHICH WE REVIEW ACCESSORY STRUCTURES HAVE SINCE CHANGED, MOST LIKELY SINCE THIS WAS PERMITTED. RIGHT? YEAH. AND SO, AGAIN, I DIDN'T, I DIDN'T KNOW THAT. UM, SO WE JUST KINDA, LIKE I SAID, JUMPED THE GUN, POURED THE FOUNDATION. UM, WE'RE REALLY CLOSE ON THAT SIDE SET BACK, BUT AGAIN, WITH THE FOUNDATION BEING POURED, LITTLE DIFFICULT TO MOVE IT. UM, SO YEAH, I'M JUST TRYING TO SEE IF I'M, THAT EIGHT INCHES IS REALLY TRIPPING YOU UP THERE BECAUSE THE CONCRETE'S ALREADY THERE. YEAH. YEAH. IT'S ALREADY THERE. IF NOT, OBVIOUSLY I WOULDN'T HAVE A PROBLEM WITH MOVING IT. UM, I GOTTA TELL YOU, I DON'T PERSONALLY HAVE A PROBLEM WITH THE EIGHT, EIGHT INCHES ON THE SIDE YARD SETBACK AS MUCH AS I DO THAT 84% OF THE STRUCTURE, IT'S, THAT'S A MONSTER. THAT'S, THAT'S THE, IT'S LIKE ALMOST PUTTING A 80, 84% OF THE WHOLE HOUSE OUT IN THE BACKYARD. YEAH. UM, NOW THE COVERED PORCH, LIKE I SAID, IT WAS, UM, AGAIN, I DIDN'T, I JUST DIDN'T KNOW ABOUT IT. WE JUST KIND OF, LIKE I SAID, JUMPED THE GUN A LITTLE BIT AND THEN, UM, YEAH, THAT'S REALLY THE BIGGEST. WOULD YOU BE WILLING TO LOOK AT BUILDING THE, AN ATTACHMENT TO THE HOUSE WALKWAY, WHATEVER YOU NEED TO DO TO MAKE IT LEGAL? SOUNDS LIKE YOU JUMPED THE GUN, BUT HERE'S THE GOOD NEWS. YOU CAN YEAH. FIX IT AT THIS POINT, . YEAH. NO, I MEAN, IF I COMPLETELY TEAR EVERYTHING UP YEAH. YEAH. THAT'S SOMETHING, UH, UH, SOMETHING TO THINK ABOUT. RIGHT? I SEE HOW MUCH THAT WOULD COST MR. BAKER. GO AHEAD. YEAH, I MEAN, YOU, YOU, YOU ARE LISTENING TO THE CONVERSATION THERE. I THINK YOU FIGURED OUT THAT IF YOU ATTACH THAT CARPORT TO THE HOUSE RIGHT, THEN THAT BECOMES PART OF THE HOUSE, RIGHT? OKAY. YEAH. AND SO NOW THEN [01:00:01] YOU CAN PUT THAT THING IN. NOW YOU'RE ONLY COMING FOR EIGHT INCHES. YEAH. OKAY. RIGHT. SO IT, IT, IT MAY BE WORTH YOUR WHILE JUST TO YEAH, EXACTLY. TO, AND YEAH. YEAH. YOU WERE RIGHT. I HEARD OF THE CONVERSATION. YEAH. SO IT MAY BE WORTH YOUR WHILE TO, TO, YOU KNOW, GO BACK TO THE CITY AND SAY, HEY, I WANT TO PUT THIS ON HOLD. MM-HMM . ATTACH THAT TO THE HOUSE AND THEN COME BACK. RIGHT? YEAH. AND, AND THAT'S AN ALSO AN OPTION. SEE, 'CAUSE I, I THINK, I THINK, I THINK RIGHT, RIGHT NOW FOR ME MM-HMM . I'M GONNA HAVE A PROBLEM WITH THE 84 4% OF STANDALONE STRUCTURE IN THE BACKYARD. 'CAUSE IT'S A WHOLE NOTHER HOUSE IN THE BACKYARD. RIGHT. IF THE WORK AROUND AND STAFF IS KIND OF LEANING AND TELLING YOU THAT WE GOTTA GET BUILDING OFFICIALS TO TELL YOU WHAT'S LEGAL AND WHAT'S GOING ON. BUT IT SOUNDS TO ME LIKE YOU TIE IN A COVERED WALKWAY FROM THE CARPORT TO THE ACCESSORY STRUCTURE. RIGHT. AND YOU'RE GOLDEN. YEAH. BUT YOU WANNA MAKE SURE THAT YOU DON'T JUMP THE GUN AGAIN. YEAH. THAT WE DON'T GET TOO FAR AND MAKE SURE THAT THE VOTE GOES AGAINST YOU. AND IF WE GO TONIGHT AND TAKE A VOTE AND YOU DON'T GET SEVEN OF US JUST LOVING THE PLANS BEFORE US YEAH. THEN YOU'RE SHUT DOWN FOR SIX MONTHS AND THAT'S NOT GONNA DO ANYBODY ANY GOOD. RIGHT. SO IT MAY BE IN YOUR BEST INTEREST TO, YOU KNOW, EITHER WE CAN DO TWO THINGS. WE CAN MAKE A MOTION. NOW, ARE WE LEGALLY ALLOWED TO JUST HEAR THE SIDE YARD SETBACK OR WE, WE CAN'T BREAK THIS UP, RIGHT? WE, THE, THE APPLICATION AS IS, AS THE APPLICATION HAS BEEN SITTING OR, AND NEEDS A TABLE UNTIL THE CITY AND NEEDS A TABLED CITY TABLE BROUGHT BACK SEPARATE. RIGHT. SO HE CAN TABLE THIS. WE TABLE, I BREAK IT UP FOR OUR TABLE. AND, UH, MR. CARDENAS, NO. IF IT WAS ME AND MY PROPERTY, I WOULD PROBABLY, AT THIS POINT BEFORE THIS BOARD TAKES A VOTE, RIGHT? ASK THAT WE TABLE IT TONIGHT. SO NO ACTION TAKEN, NO ACTION. CAN'T HURT YOU RIGHT NOW. RIGHT. GET WITH THE STAFF OF, OF THE CITY. THERE ARE WAYS, AND IT'S NOW IN THE PUBLIC RECORD OF WE WILL EXPLORE THE BUILDING, YOU KNOW, WHAT THE RULES ARE BY GOLLY, A COVERED, COVERED WALKWAY FROM BACK PORCH OUT TO THE THING BECOMES, THAT'S THE HOUSE STRUCTURE COVERING OUT WHATEVER THE INTERPRETATION LEGALLY THAT THE BUILDING INSPECTOR SAY. RIGHT. BUT, YOU KNOW, I, I'D MUCH RATHER SEE YOU PUT YEP. A FIVE FOOT WIDE STRUCTURE GOING BETWEEN THE TWO. THE, THE PROBLEM IS HE HAS TWO, I MEAN, HE'S ASKING FOR TWO ACCESSORY STRUCTURES, RIGHT? MM-HMM . RIGHT? SO HE DOESN'T HAVE A CARPORT, HE HAS A COVERED PORCH THAT'S NOT ATTACHED. WHAT IS, WHAT'S THAT COVERED PORCH MADE OUT OF? IS IT MADE OUTTA METAL? IT'S THE, I GUESS THE BONES OF IT ARE METAL, RIGHT? AND THEN THERE'S WOOD KIND OF SURROUNDING ALL OF IT. SO, I MEAN, CAN IT BE TIED INTO YOUR HOUSE? IS THAT SOMETHING, UM, THAT CAN, I FEEL LIKE THAT'S POSSIBLE. IT'S REALLY CLOSE TO THE ROOF ALREADY AS IS, BUT IT KIND OF, UH, THAT'S KIND OF WHAT I, I MEAN, I SKETCHED OUT THAT DOTTED LINE. IT OVERLAPS THE ROOF LINE OR THE, THE EDGE OF THE, UH, THE ROOF A LITTLE BIT. UH, SO IT'S ALREADY REALLY CLOSE. UM, SO THAT MAY NOT BE TOO DIFFICULT TO DO TO JUST KIND OF TIE IT IN. I MEAN, THAT'S PRETTY MASSIVE COVERED PORCH THAT YOU HAVE ALREADY. . YEAH. IT'S, IT IS REALLY BIG. AND LIKE I SAID, THAT'S WHY WHEN THEY, WHEN I HEARD ABOUT THE AREA, I WAS LIKE, IT'S KIND OF ODD 'CAUSE THEY ALL THAT WAS PERMITTED AND ALLOWED AND INSPECTED. YEAH. UM, AND SO NOW, YOU KNOW, I JUST CAME TO FIND OUT ABOUT THAT. AND THEN THE SHED IS PRETTY GOOD SIZE AS WELL. SO ALSO, SIR, YOU KNOW, YOU HAVE TO, YOU KNOW, YOU, YOU ARE TAKING UP A LOT OF YOUR BACKYARD WITH THE, WITH THE COVERED PORCH AND RIGHT. THE SHED. SO, YES, SIR. UM, BUT I, YOU KNOW, LOOKING AT THE PICTURES, IT LOOKED LIKE IT WAS A METAL STRUCTURE AND I DIDN'T KNOW IF IT WOULD BE POSSIBLE TO, UH, TIE THAT INTO THE HOUSE, WHICH IS YEAH. YOU KNOW, MY CONCERN, LOOKING AT IT, UH, I I MEAN I IMAGINE IT IS, I DON'T, YOU KNOW, UH, TRADITIONAL, YOU KNOW, STUD FRAMING AND, AND METAL. I FEEL LIKE I'VE SEEN HIM DONE BEFORE. SO, YOU KNOW, I DON'T THINK IT'D BE EXTREMELY DIFFICULT. AND LIKE I SAID, IT'S ALREADY KIND OF THERE. IT'S LIKE TWO, THREE FEET FROM EXTENDING IT, TOUCHING THE ROOF. IT'S JUST A MATTER OF PITCH. YEAH, EXACTLY. YEAH. SO WOULD HE HAVE TO GET ANOTHER PERMIT TO TIE THE, HE'D HAVE TO GET A PERMIT TO TIE THE, UM, PORCH INTO THE HOUSE? YES. AND THEN, BUT ONCE HE DID THAT, THEN HE, HE WOULD ONLY HAVE TO COME BACK TO US FOR THE SIDE YARD SET. AND WE'D NEED TO DO SOME, WE'D NEED TO CHECK IT AGAIN BECAUSE NOW SUDDENLY WE'RE LOOKING AT A DIFFERENT TYPE OF REQUEST AND THINGS HAVE CHANGED. BUT IT WOULD REDUCE THIS, OR IT WOULD GET RID OF THIS VARIANCE. THIS VARIANCE WOULD, WOULD, WOULD BE OFF THE TABLE IF YOU CAN WORK IT OUT WITH BUILDING. BUT THE WAY YOU DO THAT, TO USE YOUR OWN WORDS, HELP YOU NOT JUMP THE GUN HERE. YOU KNOW, IF IT WAS ME, I WOULD TABLE TONIGHT. YEP. BE ON THE PHONE TOMORROW WITH THE CITY PLANNING DEPARTMENT SAYING, OKAY, SO WHAT DO I NEED TO DO? AND WHAT DO WE NEED TO FIGURE OUT TO DO THAT AS SOON AS YOU WORK OUT, WE'RE STILL GONNA WIND UP PROBABLY SEEING YOU. 'CAUSE THAT EIGHT INCHES IS GONNA JUST BE A BURR IN YOUR SIDE ON THAT CONCRETE . I CAN ALREADY TELL. YEAH. AND, [01:05:01] BUT WE WANT EVERYTHING DONE RIGHT. WE DON'T WANT YOU TO HAVE TO TEAR ANYTHING UP AND WE DON'T WANT YOU TO HAVE TO BREAK IT DOWN AND WANNA MAKE IT, YOU KNOW, LOOK NICE AND, UH, YEAH. AND, AND THAT'S A PLUS. WE'RE NOT JUST THROWING IT TOGETHER. YEAH. UH, SO, YOU KNOW, I MEAN, YEAH. SO IF YOU'RE WILLING TO, TO, TO REQUEST THAT, I'M SURE THESE GUYS WILL MAKE A MOTION, MOTION TO VOTE FOR IT. I JUST HATE TO SEE US TAKE THIS AS A WHOLE RIGHT. AND HAVE TO VOTE UP OR DOWN, NOT SEE YOU GET SEVEN UPS. YEAH. NO, BECAUSE THEN I GOTTA TEAR IT UP. DID TRIP YOURSELF UP, YOU KNOW, AND GOTTA TEAR IT UP. YEAH. I MEAN, SO WHAT IS YOUR PLEASURE? DO I MAKE ANY SENSE? OR WHAT DO YOU WANNA DO? YEP. I MEAN, IF YOU GUYS, LIKE YOU SAID, IF YOU WANNA TABLE IT TODAY, THEN I NEED YOU TO REQUEST US TO TABLE IT. OKAY. THAT JUST CAN, CAN I REQUEST TO TABLE THIS VARIANCE OUTSTANDING . ANY OTHER QUESTIONS? THE APPLICANT OR DO WE KNOW WHAT WE'RE DOING HERE? MR. CHAIRMAN? I'LL MAKE A MOTION. WE TABLE, OH WAIT, HE'S GOT ONE THING HERE. JUST A STATEMENT THAT YES. THE FACT THAT WE TABLE IT DOES NOT BIND THE STAFF TO ANYTHING. NO, NO. I MEAN, YOU'RE GONNA HAVE TO FIGURE OUT YEAH, HE HAS TO FIGURE OUT HOW TO ATTACH THE ROOF TO THE RIGHT. YEAH. WELL, US TABLING IT DOESN'T SAY, OH, THEY SAID WE COULD JUST GET UP THERE WITH A HAMMER AND FIX IT RIGHT UP. NO. RIGHT. NO, NO, NO. I GOTTA, I GOTTA CALL HIM BECAUSE HE'LL HAVE TO GIVE US STAFF AND CHANGE IT. AND HE GET A PERMIT. EXACTLY RIGHT. YEAH. AND HE'LL HAVE, AND HE'LL HAVE TO CHANGE IT AS WELL. I NEED TO FIND OUT WHAT THEIR INTERPRETATION OF AN EFFECTIVE ATTACHMENT IS. YEP. I'M TELLING YOU, RATHER THAN MAY HAVE LET US MAKE A BOAT RIDE NOW AND TRIP YOU UP, RATHER WE GET THE CART IN FRONT OF THE HORSE. YEAH. DO A LITTLE DUE DILIGENCE. AND THEY'RE NOT AS, YOU KNOW, HORRIBLE TO WORK WITH. IS ABDUL'S HEARD , UH, YOU KNOW, BUT, UH, YOU ARE RIGHT MR. HUTCHINS, THIS BOARD DOES NOT MAKE ANYTHING FROM THE STAFF LEGALLY BINDING. YOU STILL HAVE TO GO THROUGH THEIR PROCESS AND DO THEIR PERMITS ON STUFF. YES SIR. BUT IT SEEMS TO ME FROM STAFF TESTIMONY, THAT'S A FIX ON YEAH. ONE THING, IT MAY BE AN ANSWER FOR YOU. EXACTLY. I MEAN, I'M STILL GONNA SEE YOU ON THAT EIGHT INCH SIDE YARDS. THAT BACK I CAN ALREADY TELL. BUT, UH, WE CAN DEAL WITH THAT. SO IF, DO YOU HAVE ANYTHING ELSE FOR US OR LET US GET OUR VOTES ON OUR YOU WANNA BRING UP CEMENT SAW YET? YEAH, EXACTLY. . THAT WAS AN OPTION. YEAH. 112 DEGREES. UM, THANK YOU FOR COMING DOWN, SIR. YEAH, PROBLEM. THANK YOU FOR LISTENING. I APPRECIATE IT. YES SIR. THANK YOU. AND SO MANY TIMES IT'S A DAWNING PROCESS AND PEOPLE ARE LIKE, OH, WELL THEY SAID THESE, YOU KNOW, IT'S LIKE, OH, YOU KNOW, WE WANT WHAT'S BEST FOR EVERYBODY, BUT WE WANNA, YOU KNOW, WITHIN THE RULES AND DONE. RIGHT. EXACTLY. THANK YOU FOR HEARING US. YEAH. I APPRECIATE THE, ALL THE CLARIFICATION AND THE, UH, THE SUGGESTION TO ATTACH. NO PROBLEM SIR. THANK FOR COMING DOWN. YES, SIR. UH, DO I HAVE ANYONE ELSE WISHING TO SPEAK ON THIS PARTICULAR CASE? 0 0 4 3 BEFORE WE GO TO MOTIONS, ANYONE ELSE WISHING TO SPEAK IN OPPOSITION TO 0 0 4 3 IN THE ROOM? SEEING NONE, THEN I WILL ASK FOR A MOTION ON THE CASE. MR. CHAIRMAN, I MAKE A MOTION. WE TABLE ZBA 23 0 6 0 0 4 3. I HAVE A MOTION TO TABLE. DO I HAVE A SECOND? SECOND. I HAVE A SECOND FOR MS. HUBACHEK. ANY DISCUSSION? ALL THOSE IN FAVOR OF TI TABLING 0 0 4 3 PLEASE RAISE YOUR RIGHT HAND, SAY AYE. AYE. AYE. YOU WITH ME MR. LANGSTON? SO THAT'S NINE ZERO. OKAY. ALL RIGHT. SO WE HAVE TABLED THAT. MOVING ON [8. ZBA-23-06-0048 (Council District 3) – Variances to reduce the minimum lot depth and front and rear setbacks for a single family residence permitted under the Unified Development Code, located at 1501 Avenue C, legally described as Lot 10, Block 972/F, Mountain Lakeview Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District] TO THE NEXT CASE, WHICH I BELIEVE IS 0 0 4 8. YES. AGENDA ITEM NUMBER EIGHT. SO THIS IS LOCATED AT 1501 AVENUE C. THEY'RE REQUESTING A COUPLE DIFFERENT VARIANCES. UM, SO THEY'RE WANTING TO PUT A PRIMARY STRUCTURE ON THIS LOT. SO THEY'RE REQUESTING A VARIANCE TO REDUCE THE MINIMUM LOT DEPTH FROM 110 FEET TO 65 FEET. THEY'RE, UH, REQUESTING TO REDUCE THE FRONT SETBACK FROM 25 FEET TO 15 FEET AND TO REDUCE THE REAR SETBACK FROM 10 FEET TO 6.8 FEET. SO AGAIN, THIS IS THE SITE PLAN THAT WAS SUBMITTED. YOU CAN SEE HERE THEY CURRENTLY HAVE THEIR ENTRY OFF OF GARRETT BOULEVARD. THE WAY THIS PROPERTY WAS PLOTTED, THE EXPECTATION WAS THE ENTRY WOULD BE OFF OF AVENUE C. AND SO YOU CAN SEE THAT'S WHAT'S KIND OF TRIPPING THEM UP HERE WITH REGARDS TO THEIR SETBACKS. SO THEY'RE NOT ABLE TO MEET THEIR FRONT OR BIGGER SETBACKS BECAUSE OF THE WAY IT'S ORIENTED. BUT IF THEY MOVE THAT FRONT ENTRY TO AVENUE C, THEY WOULD BE ABLE TO MEET OUR SETBACKS. THEY WOULD NOT NEED TO BE HERE TONIGHT. SO THIS IS A PHOTO OF THE SUBJECT PROPERTY AGAIN, 41 NOTICES WERE SENT OUT, ZERO. RETURN IN FAVOR, ZERO OPPOSED. AND THERE IS NOT AN HOA STAFF CANNOT SUPPORT ZBA 2 3 0 6 0 0 4 8 AS REQUESTED. DUE TO THE FACT THAT THIS PROPERTY COULD BE DEVELOPED ON THAT LOT, SF FOUR ZONING DID NOT REQUIRE ANY KIND OF VARIANCES IF THEY WOULD BE WILLING TO MOVE THAT FRONT PORCH TO AVENUE. C CONCLUDES MY PRESENTATION. I'M AVAILABLE FOR ANY QUESTIONS, QUESTIONS TO MY RIGHT FOR STAFF, QUESTIONS TO MY LEFT FOR STAFF. THANK YOU, BRITTANY. UH, NOW I HAVE IT WRITTEN DOWN HERE THAT A DANE RAM, BUT I HAVE A CARD FROM ANE ROM. IS IT ROM COULD YOU COME ON DOWN PLEASE, SIR? IF FOR NO OTHER REASON THAN TO CORRECT MY VERY POOR PRONUNCIATION. I, I YOU'LL START WITH YOUR NAME AND YOUR ADDRESS PLEASE. UH, MY NAME IS ANIL RAM. OKAY. AND DAN IS MY SON, ACTUALLY. OKAY. AND MY, [01:10:01] MY ADDRESS IS 6 0 1 SADDLE HILL DRIVE, GRAND PRAIRIE. OKAY. AND WE ARE THE ARCHITECTS ON THIS PROJECT. OKAY? UH, THE REASON, UH, THE REASON MY CLIENT WANTED TO, MR. AND MRS. HERANDEZ IS SITTING AT THE BACK THERE. OKAY? THE REASON THEY WANTED TO MOVE, UH, THE GARAGE IN THE DRIVEWAY TO THE BACK OR TO, UH, GARRETT, IS BECAUSE THE LOT IS 50 50, 50 FEET WIDE. OKAY? AND IT'S, UH, 125 FEET LONG. VERY DEEP. OKAY? THE REASON BEING IS BECAUSE THE RIGHT AT THE CORNER INTERSECTION, THERE'S, UH, VEHICLES ALREADY PARKING ON THE STREET OVER THERE. BACKING UP IS, I THINK IT'S GONNA CAUSE A LOT OF, UH, CONGESTION IN THAT AREA. PUTTING THE DRIVEWAY IS WHERE WE ARE REQUESTING. IT REMOVES ABOUT 90 FEET, WHICH IS LESS LIKELY FOR ANY, UH, POTENTIAL ACCIDENT OR THAT, THAT WAS THE REASON MY CLIENT WAS, UH, SEEKING TO MOVE THE DRIVEWAY TO THE BACK OR TO THE SIDE WAS THE TOP. I BELIEVE. UH, THE CITY JUST RECENTLY GRANTED, UH, VARIANCE MAYBE TO THE GUY ACROSS THE STREET, HE JUST BUILT IT. SAME LIGHT WITH, UH, MY CLIENT IS REQUESTING THAT THE DRIVEWAY BE ON, UH, GARRETT IN INSTEAD OF AVENUE C TELL, TELL ME THIS, WHAT HAPPENS IF YOU PUT A FRONT DOOR ON AVENUE C AND NEVER USE IT? I HAD A HOUSE FOR 10 YEARS AND NEVER WENT IN THE FRONT DOOR. MY WIFE PAINTED IT AND ASKED ME SIX MONTHS LATER WHAT I THOUGHT OF THE PAINT. I'D NEVER SEEN IT. 'CAUSE I DIDN'T, I, WELL ALWAYS WENT UP THAT WAY. WE, WE DOING IT, UH, VERY PRETTY. UH, YOU KNOW, IT STILL LOOKS VERY NICE ON FROM AVENUE C. IT'S JUST THAT THE ENTRANCE IS FROM GARRETT. SO THE ISSUE IS NOT THE DRIVEWAY IN THE GARAGE. OKAY? YOU CAN HAVE A SIDE ENTRY GARAGE. WELL, YOU HAVE THE SIDE ENTRY GARAGE, YOU PARK YOUR CAR OVER THERE AND YOU DON'T WANT TO WALK ALL THE WAY TO THE FRONT ON AVENUE C TO ENTER THE HOUSE AR ARCHITECTURALLY. WHAT IF YOU PUT ANOTHER FRONT ENTRANCE STORE ON AVENUE C AND NEVER USED IT? WOULD THAT, I KNOW THAT. WELL, IT, IT'S A VERY, VERY NARROW LOT, YOU KNOW, TAKE, CONSIDERING THIS, UH, THE, UH, THE CORNER LOT, YOU KNOW, YOU, YOU REMOVE THE 15 FEET, UH, SETBACK AND THEN THE EIGHT, UH, UH, SIX FEET ON THE OTHER SIDE LEAVES VERY LITTLE, UH, SPACE TO BUILD, UH, YOU KNOW, JUST CAN PUT TWO ROOMS AND THEN IF YOU PUT A FRONT DOOR AND YOU JUST, UH, CREATING A CORRIDOR AND THEN, UH, IT JUST BECOMES VERY NARROW, UH, BEDROOM. SO LIVING AREA, IT JUST, IT JUST SQUEEZES YOU ON WHAT YOU CAN USE THE SPACE. EXACTLY. I GUESS YOU COULD PUT THE DOOR, OPEN IT UP INTO THE BEDROOM, BUT THAT'D BE WEIRD. HAVING VERY CONVENIENT. IF YOU HAVE A TEENAGER WHO LIKES TO SNEAK OUT ANYWAY, JUST GO RIGHT OUT THAT DOOR THAT NOBODY USES. UM, DID YOU HEAR WHAT STAFF HAD TO SAY THOUGH, THAT IT'S ALL ABOUT ORIENTATION AND WHERE THE, THE, THE, THE FRONT DOOR IS LOCATED? NOT THE DRIVEWAY, NOT THE EXTENDED. THAT'S ALL. OKAY. SO YEAH, I, I REMEMBER THAT CASE. I SAW THAT CASE THAT WAS APPROVED RIGHT ACROSS THE STREET. YEAH. UM, BUT I THINK THE ISSUE IS WHERE OUR ADDRESS, PRIMARY ADDRESS IS SEEMS TO ME ON THIS ONE THERE TOO IS SOME COMPROMISE IF WE CAN COME TO IT. AND SO AGAIN, WE CAN, WE CAN TAKE THIS BOAT AND TRY TO GET YOU A VARIANCE. I WANNA REMIND Y'ALL THOUGH, THAT IT TAKES SEVEN OUTTA NINE. I KNOW I SOUND, I'M JUST GONNA PUT IT ON A LOOP AND PLAY THIS RECORD. BUT I JUST WANT TO, YOU KNOW, YOU TAKE YOUR CHANCES AND COME UP HERE AND DO IT. IF THERE'S SOME FLEXIBILITY, THERE MAY BE A WAY AND I, I CAN SEE, I CAN SEE THAT YOU'RE JUST HERE, BUT I JUST, YOU HEARD WHAT THEY SAID. YOU HEAR THE QUESTIONS. DO WE HAVE ANYBODY ELSE WITH QUESTIONS FOR MR. ROM? NOT TO MY RIGHT. OKAY. IF THERE'S ANY OTHER THOUGHTS, THEN WE'LL JUST MOVE FORWARD, OKAY? OKAY. ALRIGHT. THANK YOU SIR. ALRIGHT. DO WE HAVE ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF ZBA 2 3 0 6 0 0 4 8? EVEN IF YOU DIDN'T FILL OUT A CARD, IF YOU WANNA SAY ANYTHING NOW WOULD BE THE TIME. IF NOT, I'M GONNA ASK, IS THERE ANYONE WISHING TO SPEAK IN OPPOSITION TO ZBA 2 3 0 6 0 0 4 8 AND SEEING NONE? I WILL ENTERTAIN A MOTION. UH, MR. APO, GO AHEAD. DID YOU? YES. I'LL LIKE TO MOVE THAT THE PUBLIC HEARING. OKAY. PUBLIC HEARING ON ITEM ZBA 2 3 0 6 0 4. AND THAT, UH, WE GO BY STAFF RECOMMENDATION THE MOTION. MAKE A MOTION TO DENY YES, [01:15:01] THAT'S OKAY. HOW YOU WANT. OKAY. JUST FLIPS THIS A LITTLE UPSIDE DOWN, BUT THAT'S OKAY. UH, SO FOLLOWING STAFF RECOMMENDATION THAT CANNOT SUPPORT YOU WANNA MOVE TO DENY THE APPLICATION FOR A VARIANCE FOR LOCKED DEBT AND SETBACK. DOES THAT MOTION GET A SECOND? OH YES. YES. OH, YES IT DOES. ALL RIGHT. YEAH. SO IN THIS CASE, THE FIRST VOTE I'M GONNA ASK FOR IS ALL THOSE WHO SUPPORT DENIAL OF THE MO, OF, OF, OF THE ACA, OF THE VARIANCES. AND TO RAISE YOUR RIGHT HAND, ANYONE WHO DOESN'T. NEXT QUESTION. YES SIR. SO DOES THAT MOTION NEED SEVEN VOTES TO PASS? YES. OKAY. ALRIGHT. SO THE MOTION, ACTUALLY NOTHING WHAT YOU SEE, AND THAT'S, THAT'S AN INTERESTING DIS I'M GLAD YOU BROUGHT THAT UP. DISCUSSION. IT'S ALWAYS BEEN MY EXPERIENCE. I SERVED FOR SIX YEARS WHEN I LIVED IN ARLINGTON IN THE SAME CAPACITY ON THEIRS EBA. AND WE HAD IT IN THE SCRIPT THAT ALL MOTIONS MUST BE MADE IN THE AFFIRMATIVE AND ALL MEMBERS OF THE BOARD HAVE THE RIGHT TO VOTE FOR OR AGAINST THE MOTION, EVEN THE MAKER OF THE MOTION. THAT WAY IT'S CLEANER. RIGHT NOW YOU'VE GOT RULES BEFORE YOU ON THE UNIFIED DEVELOPMENT CODE. ZBA IS HEARING VARIANCES, APPEALS, DECISIONS LIKE THAT WHEN YOU MOVE TO DENY, UNLIKE CITY COUNCIL OR PNZ, WHICH IS A LITTLE DIFFERENT ANIMAL, THIS REQUIRES A SUPER MAJORITY. YOU'RE ABSOLUTELY CORRECT, MR. HUTCHINS, IT REQUIRES SEVEN TO GET SOMETHING CHANGED OFF OF, SO IT'S ALMOST CLEANER TO MAKE A MOTION TO APPROVE. AND THEN EVERYBODY UP HERE, REGARDLESS OF YOUR POSITION, YOU CAN VOTE AGAINST THE MOTION TO APPROVE. AND IF IT DOESN'T GET SEVEN, THEN IT'S IT, WE'RE NOT GONNA OVERTURN WHAT THE CURRENT STANDARDS FOR UNIFIED DEVELOPMENT CODE IS. SO WITH THAT IN MIND, AND I, IT USED TO BE PART OF THE SCRIPT THE CITY ATTORNEY GAVE ME IN A, IN A PAST LIFE. BUT I'M, IF YOU WOULD LIKE TO AMEND, CHANGE THAT MOTION UP AND FLIP IT TO CLEAN IT UP AND THEN MAKE A MOTION TO APPROVE AND THEN WE'LL GET A SECOND AND THEN WE'LL SEE IF WE GET SEVEN VOTES. WITHDRAWS MOTION. YEAH, YOU WITHDRAW YOUR MOTION AND MAKE ANOTHER MOTION. CAN YOU? BUT IT'S YOUR PLEASURE. I CAN'T PUT THOSE WORDS IN YOUR MOUTH AHEAD, SIR. I WISH TO WITHDRAW MY MOTION. I'M PUTTING ANOTHER MOTION THAT WE APPROVE THE APPEAL. OKAY? THAT WE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE ZBA 2 3 0 6 0 0 4 8 FOR VARIANCES ON LOCK DEATH AND SET MAX. CORRECT. SO WE HAVE A MOTION TO APPROVE OR DO I HAVE A SECOND? I HAVE A SECOND FROM A VERY SILENT MR. BAKER. NOW SEE WHAT'S HAPPENING. YOU GUYS ARE RUBBING OFF ON HIM OVER HERE. UH, UH, ANY OTHER DISCUSSION? THANK YOU MR. HEINE AND MR. HUTCHINS. 'CAUSE I THINK THAT IS KIND OF STICKY WITH THIS PARTICULAR BOARD AND COMMISSION WHEN YOU START MAKING REVERSE MOTIONS OR MOTIONS AGAINST, NO, THAT, THAT DOESN'T MEAN THE SUPER MAJORITY THING KIND OF GOES OUT THE WINDOW AND IT GETS WEIRD 'CAUSE YOU'RE NOT CHANGING ON THIS PARTICULAR PIECE OF LAND. YOU KNOW, IT'S, IT IS A VARIANCE TO THAT PARTICULAR PIECE OF LAND. SO WE HAVE A MOTION BEFORE US TO APPROVE ZVA 2 3 0 6 0 0 4 8 AND A SECOND. ANY FURTHER DISCUSSION? IF NOT, I'LL ASK ALL THOSE IN FAVOR OF THAT MOTION TO RAISE YOUR RIGHT HAND, SAY AYE. I HAVE ONE FOUR. ALL OPPOSED, PLEASE RAISE YOUR RIGHT HAND. SAME SIGN. ALL RIGHT, SO BY UH, VOTE OF ONE TO EIGHT, THE MOTION FAILS, WHICH WILL TAKE US TO THE NEXT ITEM ON [9. ZBA-23-06-0049 (Council District 1) – Variances to increase maximum lot coverage and the maximum wall height of an accessory structure permitted under the Unified Development Code, located at 1901 W Arbor Rose Drive, legally described as Lot 11, Block 1, Wild Rose Ridge Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-One Residential District] THE AGENDA. ITEM NINE ZBA 2 3 0 6 0 0 4 9. ACTUALLY, UM, I'M GONNA INTERRUPT REAL QUICK. SO WE GOT AN ADDITIONAL SPEAKER CARD FOR THE APPEAL. SO FOR ITEM NUMBER TWO, OH, UM, SO TIFFANY'S SAYING THAT WE CAN GO BACK TO THE ITEM TO ALLOW THEM TO SPEAK. GOOD. UH, ARE WE GONNA GO BACK NOW ON THAT NOW? NO, NOW OR AT THE END OF NINE? IT'S UP TO YOU AS A CHAIR. WHY DON'T WE DO NINE? OKAY. AND THEN COME BACK TO IT AND WE'LL HEAR MR. CLEVES WORKS FOR ME THING THAT WAY WE'RE NOT LEAVING THE FOLKS ON ARBOR ROSES. WE'RE STILL WONDERING ABOUT THE VOLLEYBALL COURT. I, LET'S GET THAT AND FIGURED OUT. I ALSO FOUND IN THE STACK A, A CARD FROM MR. KHALIFA KFA HERE. AND YOU HAVE A CARD. IS IT THE SAME? DIFFERENT. OKAY, SO I'LL GET THAT FROM YOU AND WE'LL REOPEN CASE TWO AT THE END OF THIS. AND HERE, ANY OF, 'CAUSE YOU ASKED MR WAS THERE ADDITIONAL INFORMATION MOTION? I MEAN THE, UH, HEARING HAS BEEN CLOSED SO YOU'LL HAVE TO HAVE ANOTHER VOTE TO OPEN IT, RIGHT? RIGHT. SO LEMME SAY ONE OTHER STATEMENT ABOUT THE VOTING. I SHOULDN'T DO THIS. THIS IS GETTING IN THE CITY ATTORNEY BUSINESS, BUT IF A COURT CAN DETERMINE THE [01:20:01] INTENT OF THE BOARD, IT'S GOING TO ATE, IT'S GONNA PASS REGARDLESS, JUST SO THEY CAN DETERMINE THE INTENT. APPRECIATE, APPRECIATE THAT INPUT. IT'S ALMOST LIKE YOU'VE DONE THIS PROFESSIONALLY. KNOW YOUR STUFF, HUH? UH, IT IS THE, UH, CHAIR'S DISCRETION. LET'S FINISH OUT WITH ITEM NINE AND THEN WE WILL REVISIT ITEM TWO ON THE AGENDA AND WE'LL TAKE A VOTE TO SEE IF WE'RE GONNA REOPEN ITEM TWO, CORRECT. ALL RIGHTY. SO WITH THAT BEING SAID, ITEM NINE. ALL RIGHT. AGENDA ITEM NUMBER NINE IS ZBA 23 0 6 0 0 49. SERVE VARIANCE REQUEST FOR WALL HEIGHT AND LOT COVERAGE. THIS IS LOCATED AT 1901 WEST ARBOR ROSE DRIVE. AGAIN, Y'ALL SHOULD BE FAMILIAR WITH THIS. THIS HAS COME BEFORE US A COUPLE TIMES NOW. SO THIS TIME THEY'RE COMING FORWARD. THE ACCESSORY STRUCTURE OF THE VOLLEYBALL COURT, THEY ARE REQUESTING A VARIANCE TO INCREASE THE MAXIMUM WALL HEIGHT FROM 12 FEET TO 15 FEET AND TO INCREASE THE MAXIMUM LOT COVERAGE FOR ACCESSORY STRUCTURES FROM 10% TO 11%. AGAIN, BECAUSE THIS IS OVER HALF AN ACRE OF THIS PROPERTY, WE EVALUATE, UM, ACCESSORY STRUCTURE, SQUARE FOOTAGE BASED OFF OF LOT COVERAGE. SO THIS IS THE SITE PLAN THAT WAS SUBMITTED. AGAIN, Y'ALL APPROVE THE ITEM FOR, UM, THE STRUCTURE NUMBER THREE LAST MONTH FOR THE CARPORT. THEY'RE COMING NOW FOR NUMBER FOUR, WHICH IS HIGHLIGHTED IN RED ON THE SITE PLAN. THIS IS THE FOUR PLAN AND THE ELEVATIONS, AGAIN, THEY SHOULD BE FAMILIAR. THESE WERE THE VERY FIRST ONES I CAME TO BEFORE Y'ALL. SO THIS IS THE SUBJECT PROPERTY. THIS IS THE SUBJECT PROPERTY FROM THE BACK. SO THE FRAME HAS ALREADY BEEN PUT UP AND THIS IS WHAT THE NEIGHBORS ARE SEEING IN THE BACK RIGHT NOW. SO THIS IS AN OPPOSITION MAP AND YOU CAN SEE WE DID RECEIVE THREE LETTERS OF OPPOSITION. THEY ARE THOSE THREE IN RED THAT ARE AGAINST THE REAR PROPERTY LINE OF THE SUBJECT PROPERTY, WHICH IS, UM, HIGHLIGHTED IN YELLOW. SO 43 NOTICES, PERCENT ZERO RETURN IN FAVOR, THREE RETURN OPPOSED. AND THERE IS NOT AN HOA STAFF CANNOT SUPPORT ZBA 23 0 6 0 0 4 9 AS REQUESTED DUE THE FACT OF THE SIZE OF THE ACCESSORY STRUCTURES ON THE PROPERTY ALONG WITH THE CARPORT. UM, FAR EXCEED WHAT IS ALREADY OUT THERE IN THAT NEIGHBORHOOD CURRENTLY. THAT CONCLUDES STAFF'S PRESENTATION AVAILABLE FOR ANY QUESTIONS. QUESTIONS FOR STAFF TO MY RIGHT. QUESTIONS TO MY LEFT. IF NOT, THEN WE HAVE ONE SPEAKER CARD FROM THE APPLICANT, DORA GOMEZ. YOU'LL COME ON DOWN. AND I SEE WE'VE SNUCK IN, UH, JA MADANO AND SAMANTHA MADANO. YES, ABSOLUTELY. HI, THE Y'ALL FILL OUT YOUR OWN CARDS. COME ON ON. UM, HI, MY NAME IS JA MADANO. I AM HERE TO REPRESENT MY MOM DO MENO. UM, SO WE ARE CURRENTLY LOCATED AT THE 1901 WEST ARBOR ROSE LOCATION. UM, AND SO I WOULD LIKE TO START BY CLARIFYING THAT WHAT WE WANT FOR THIS PORT IS BA MY BAD NOT THE PORT FOR THIS VOLLEYBALL COURT IS JUST TO PUT ROOFING ON TOP. THAT'S ALL WE WANT. WE JUST WANNA GO AHEAD AND ROOF THAT UP. THAT'S IT. NO BUILDING, NO WALL, NOTHING ELSE. UM, BUT I DO WANNA SAY THAT THIS COURT, I MEAN IT'S NOT JUST THE COURT. IT HAS PROVIDED US WITH A LOT OF WONDERFUL MEMORIES. UM, AND WE'VE BEEN ALLOWED TO RECONNECT AS A FAMILY. SO IT HAS A VERY SPECIAL PLACE IN OUR HEART. UM, MY SISTER'S ALSO PLAYING INTO VERY COMPETITIVE LEAGUES AT THE MOMENT, VOLLEYBALL LEAGUES. THAT IS, AND I MEAN, I AM HER SISTER, BUT I THINK SHE'S PRETTY GOOD, YOU KNOW, AND I THINK SHE DOES ALSO NEED TO PRACTICE A LOT. UM, BUT YOU KNOW, WITH THE AVERAGE WEATHER BEING 103 DEGREES FAHRENHEIT OUTSIDE, SHE DOES NEED A ROOF TO KIND OF PROTECT HERSELF FROM THAT. UM, ADDITIONALLY IT HAS ALSO REALLY SIGNIFICANTLY REDUCED HER SCREEN TIME AND INCREASE HER OUTSIDE TIME. AND SO WE LOVE THAT FOR HER. UM, BUT ENOUGH FOR ME. I DO ALSO WANT MY SISTER TO SPEAK ON THIS 'CAUSE SHE HAS QUITE A COUPLE THOUGHTS, SO I'M GONNA LET HER SPEAK. OH, HELLO, SORRY. HELLO, MY NAME IS SAMANTHA MADANO. UM, THIS SCHOOL YEAR HAS BEEN REALLY TOUGH FOR ME AS A STRAIGHT A STUDENT. I FEEL THE PRESSURE TO ACHIEVE AND MAINTAIN MY GOOD GRADES. HOWEVER, THE VOLLEYBALL COURT HAS TRULY HELPED ME RELIEVE MY STRESS EVERY DAY. I PRACTICE FOR AT LEAST TWO HOURS TO GET MY BODY MOVING AND IMPROVE MY MENTAL HEALTH. BUT IT GETS HARD TO DO THAT WITHOUT A ROOF. THE SUN HAS GOTTEN REALLY EXTREME TO THE POINT OF ME ALMOST MAINTAIN WHEN I TRY TO PRACTICE. I'VE HAD TO PRACTICE ON THE SIDE OF THE HOUSE, , ALMOST KNOCKING OUR WINDOWS DOWN. UM, VOLLEYBALL IS MY PASSION AND MY STRESS RELIEF. IT SOUNDS CORNY, BUT I GENUINELY DON'T KNOW WHAT I WOULD DO IF I COULDN'T PLAY ANYMORE. ABSOLUTELY. AND WE JUST WANNA REITERATE THAT IT IS JUST THE ROOF TO PROTECT HER FROM THE SUN AND THE RAIN. NO WALL IN A BUILDING. LITERALLY JUST THE ROOFING. UM, AND WE DO ALSO HAVE TWO WRITTEN APPROVALS FROM STEVE TEUS AND, UH, BRAD WEST, BOTH OF WHICH ARE NEIGHBORS AT THE ARBOR'S LOCATION. UM, AND SO THIS STRUCTURE HAS JUST BEEN AN IMMENSE POSITIVE IMPACT ON ME AND MY FAMILY. THANK YOU SO MUCH. AND WE'RE OPEN TO QUESTIONS. I BROUGHT THE SHY ONE, DID YOU THIS TIME? ABSOLUTELY. YEAH. IT'S OKAY. ALL RIGHT. UH, ANY QUESTIONS OF THE APPLICANTS BEFORE US? ANY QUESTIONS HERE? I'LL SAY THIS, THE ONLY CHALLENGE I HAVE IS WE WANT TO BE GOOD NEIGHBORS. AND THAT'S GONNA BE A BIG S STRUC, YOU KNOW, PUTTING A ROOF ON THAT, RIGHT ON THEIR BACKYARD, LAYING IN THEIR POOL. THEY'RE LOOKING AT YOUR ROOF. UH, AND I'M [01:25:01] WONDERING HOW WE CAN BE GOOD NEIGHBORS. YOU SAW THAT THEY SENT OUT LETTERS. THREE, THREE NEIGHBORS IN THERE. ALL THE NEIGHBORS AFFECTING THAT BACKYARD. AS A, AS A PROPERTY OWNER HERE, I WANT TO TRY TO BE A GOOD NEIGHBOR WITH OTHER FOLKS. I GET IT. I WANT SOME SHADE OUT THERE. WE DON'T WANNA GO OUT RIGHT NOW AND GO TRY TO PLAY VOLLEYBALL, BUT AT THE SAME TIME, I'M WONDERING IF THERE MIGHT BE, I KNOW YOU'VE GOT A METAL STRUCTURE UP THERE. GOSH, YOU'RE CLOSE. 11% IS HOW THEY CALCULATE VERSUS THE 10%. AND AS, AS JA SO ELOQUENTLY SAID, WE WON'T DON'T WANT A WHOLE BUILDING, WE JUST WANT SHADE. SO I'M WONDERING IF WE LOOK AT THIS A LITTLE DIFFERENT, AND WE MAY NOT GET YOU THE SEVEN VOTES TONIGHT, THAT DOESN'T MEAN THAT THERE'S NOT A SUN SALE SOLU. I KNOW THEY HAVE A, A, A LITTLE WEDGES OVER IT TO GIVE YOU SHADE OVER THE AREA. I MEAN, WE'VE GOT, YOU'VE GOT 'EM DOWN HERE AT, YOU SEE 'EM AT FIREHOUSE. I'VE GOT ONE OVER MY POOL. 'CAUSE THE POOL GETS TOO HOT. UH, BUT THERE ARE OTHER SOLUTIONS IF IT'S GONNA BE OPEN AIR ON EACH, ON THE SIDES, YOU DON'T NEED WALLS. AND I DON'T KNOW THAT YOU NEED A WHOLE STRUCTURE AND IT MAY BE A SOLUTION THAT AT LEAST IN MY MIND, MAKES YOU A BETTER NEIGHBOR FOR THE FOLKS THAT TOOK THE TIME TO RESPOND. YOU SEE WHAT I'M SAYING? ABSOLUTELY. GO AHEAD, DORA. UH, YEAH. UH, I WANT MY DAUGHTER TO SHOW YOU THAT IS, UH, WE SHOOT SOME, UH, PHOTOS. UM, I'M NOT UNDERSTANDING, UH, REALLY? OH, I'M SORRY. ONE SECOND. ONE SECOND. HERE'S WE CAN'T, I DON'T THINK THAT WE HAVE TO HAVE A RECORD OF IT. YES. YEAH. I'M SO SORRY. WE CAN, WE CAN'T, WE CAN'T LOOK AT IT UNLESS SHE BROUGHT US PRINTED OUT ONES. 'CAUSE THEN THEY HAVE TO PUT IN A LEGAL FILE. THAT'S NO WORRIES. THAT'S KIND OF HOW THIS WORKS. WELL, THE PICTURES JUST SHOW, CHOSE THE DISTANCE FROM MY NEIGHBOR'S HOUSE TO, UH, WHERE WE HAVE OUR VOLLEYBALL CORD. RIGHT? SO THAT IS THE, THAT IS ONE MAIN NEIGHBOR, UM MM-HMM . THAT HE'S AGAINST, UH, US TO, TO DO THE, THE VOLLEYBALL COURT. I DON'T KNOW THE REASON BECAUSE HIS HOUSE IS, IS HIS HOUSE. THEN HE HAS THE BACKYARD, THEN HE HAS A POOL THEN IS, IS UM, UH, I MEAN THE SETBACKS AND EVERYTHING. SO I DON'T REALLY UNDERSTAND HOW AFFECTS, UH, HIM FOR US TO HAVE A REPORT BE THAT AS MAY HE GOT A LETTER AND HE TOOK THE TIME TO RESPOND TO IT. SO YEAH, HE, HE HAS COURT, COURT HEARS THAT AND THINKS IT THROUGH. AND WE WANT EVERYBODY, WE DON'T WANT OUR NEIGHBORS IN TOWN FIGHTING WITH EACH OTHER AND WE DON'T WANT EVERYBODY YEAH. GETTING LAWSUITS OVER STUFF BECAUSE, YOU KNOW, NEIGHBORS CAN'T GET ALONG. SO WE'VE MET BEFORE WE, WE'VE HAD YOU COME UP, WE TALKED ABOUT THE, THE, THE CARPORT AND ALL THIS STUFF. AND I THINK IT'S GREAT, SAMANTHA, YOU'RE A STRAIGHT AGE STUDENT AND YOU'RE OUT HERE OUTSIDE AND OFFICE SCREEN TIME. GOOD JOB FOR YOU. YOU'RE DOING A WAY BETTER JOB THAN I DID AS A PARENT. , UH, COULDN'T GET 'EM OUTTA THEIR ROOM OR OFF THEIR PHONES. UM, SO I JUST AS IN THAT NEIGHBORHOOD AND YOU, YOU LIVE RIGHT, NOT RIGHT BY ME. I LIVE JUST THE OTHER SIDE OF THE CREEK. SO I'M, I'M FAMILIAR WITH THE NEIGHBORHOOD AND YOU DO HAVE A VERY BIG LOT. BUT THE MATH, THEY'RE WORKING OUT IS TO DO THAT. AND THE CARPORT, THE TOTAL STRUCTURE, YOU'RE AT 11% INSTEAD OF 10. AND YOU GOT PEOPLE THAT ARE WORKED UP THAT THERE'S GONNA BE A HARD STRUCTURE OVER HERE. NOW, SAMANTHA'S ACCURATE. WE DON'T NEED WALLS, WE JUST NEED SHADE TO, THAT'S ALL WE NEED, SAMANTHA. BUT YOU KNOW WHAT I MEANT? I, I WAS LOOKING AT, AT, AT JA. UM, THEN WE WANNA DO SOME KIND OF PROTECTIVE SHAPE. I DON'T KNOW THAT ON THIS METAL STRUCTURE, A HARD ROOF'S GONNA BE THE THING. IT MAY NOT BE, THERE MAY BE A BETTER SOLUTION TO IT THAT MAKES HIM HAPPY AND KEEPS YOU IN COMPLIANCE. WITH THAT BEING SAID, WE'LL WE, WE HEAR YOUR TESTIMONY. IF THERE'S ANY OTHER QUESTIONS, THE APPLICANTS, WE CAN CERTAINLY ASK THAT AND THEN MOVE FORWARD. IF THERE'S ANYBODY HERE TO SPEAK AGAINST, WE'LL HEAR THEIR, THEIR POSITION TOO. IF ANYBODY IS HERE TO SPEAK AGAINST, THEN YOU GET TO COME BACK UP AND, AND I KNOW YOU'LL BRING HER AND UH, THEN WE'LL, WE'LL TAKE THE VOTE AND SEE HOW IT FALLS. FAIR ENOUGH. YEAH. I DO HAVE ONE MORE. OH, I'M SO SORRY I INTERRUPTED. NO, PLEASE GO AHEAD. YEAH, MY ONE MORE QUESTION WOULD BE, UM, SO SAY THAT WE AREN'T UH, GONNA DO THE HARD ROOF. I'M JUST CURIOUS, CAN WE COME BACK AND TALK TO YOU GUYS ABOUT OTHER POSSIBILITIES? YOU KNOW, HERE'S A GREAT THING. THE CITY HAS AN ENTIRELY, UH, A GREAT TEAM OF, A VERY TALENTED PLANNING DEPARTMENT AND THEY'RE OPEN EVERY DAY. AWESOME. OKAY. WE SHOW UP ONCE A MONTH AND JUST HEAR THE THINGS THAT GET STICKY. BUT ULTIMATELY, I MEAN, WE ALL WANNA LIVE BETTER LIVES IN GRAND PRAIRIE AND RAISE KIDS LIKE SAMANTHA. SO, UM, WHICH HAPPENS TO BE MY DAUGHTER'S NAME TOO, , UH, SO THAT HELPS. UM, BUT WE WANT TO BE ABLE TO DO IT WHERE NEIGHBORS ARE ALL SATISFIED WITH IT. AND SINCE WE HAD, WE DID HERE ON THE CARPORT WE DID HERE ON THAT AND WE SEE, I, I GET GUY I WANNA LAY ON US, FLOAT IN THE POOL, LOOKING AT THE TOP OF THE ROOF OF [01:30:01] THAT. I, I CAN SEE THAT. BUT LET'S MOVE THROUGH THE PROCESS AND SEE IF THERE'S ANY OTHER QUESTIONS FOR YOU GUYS. IF NOT, THEN WE'LL WE WILL OPEN IT UP TO SEE IF ANYBODY ELSE WANTS TO SPEAK AND THEN WE'LL GO FROM THERE. FAIR ENOUGH? YES. THANK YOU. THANK YOU SO MUCH. THANK YOU SIR. APPRECIATE YOU COMING DOWN. ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF ZBA? A 2 3 0 0 4 9? DID I SKIP THE OH SIX? YEAH, SURE DID. 2 3 0 6 0 0 4 9. ANYONE WISHING TO SPEAK IN OPPOSITION TO ZBA 2 3 0 6 0 0 4 9. SEEING NONE, DARN. SORRY JEFF, YOU DON'T GET TO COME BACK DOWN FOR A REBUTTAL. UM, ANY OTHER PEOPLE WISHING TO SPEAK ON THIS ITEM? EITHER WAY? SEEING NONE. I'LL ENTERTAIN A MOTION. MR. CHAIRMAN. OH WAIT, WAIT, WE HAVE DISCUSSION BEFORE THE MOTIONS, RIGHT? UH, GO AHEAD SIR. IF I UNDERSTAND THE VARIANCE REQUEST, IT'S NOT TO GET A ROOF ON PLACE, BUT EXCEPT FOR THE MAXIMUM HEIGHT, BUT TO INCREASE THE MAXIMUM LOCK COVERAGE. SO IT'S TO BUILD THE STRUCTURE IN GENERAL. SO THE STRUCTURE, THE METAL FRAME IS ALREADY OUT THERE. IT WAS NOT PERMITTED. SO THEIR CO CODE WAS CALLED THEY'RE COMING BACK THROUGH TO GET PERMITTED FOR THE STRUCTURE IN GENERAL. RIGHT. BUT THEY, THE WAY THIS WAS ADVERTISED WAS TO A VARIANCE TO INCREASE THE MAXIMUM LOT COVERAGE AND THE WALL HEIGHT. AND THE WALL HEIGHT FOR THE ACCESSORY STRUCTURE. YES, BUT IT BUT THERE'S NOTHING IN IT ABOUT THE, UH, ROOF ON THE STRUCTURE, IS IT? MM-HMM . SO THE R THAT'S WHERE I'M CONFUSED TOO. SO THE, THAT IS A CONVERSATION. I THINK THAT IF, CORRECT ME IF I'M WRONG, UH, BARRY WAS TRYING TO GET AT IT, MAYBE THAT WE COULD LOOK AT OTHER SOLUTIONS AND TABLE IT SO THAT IT DOESN'T GET DENIED TONIGHT. I'M NOT SURE IF SIMPLY KEEPING A ROOF OFF IT, PUTTING A ROOF ON IT IS GOING TO CHANGE WHAT THEY HAVE TO DO PERMITTING WISE AND ZBA WISE. THOSE ARE QUESTIONS FOR BUILDING INSPECTIONS. THAT WILL HAVE TO HAPPEN. NOT AT THIS MEETING, OBVIOUSLY. SO, BUT IF WE WANT AS A STAFF WANNA WORK WITH THE APPLICANT, IF, IF Y'ALL END UP TABLING IT, WE, WE WILL TALK TO 'EM AND SEE WHAT THEIR OPTIONS ARE. OKAY. SO WHAT I'M HEARING IS IT MAY BE BEST IF WE DON'T ACTUALLY VOTE ON THIS. MAYBE WE TABLE THIS. THAT IS UP TO Y'ALL. OKAY. SO HEARING WHAT YOU THIS UP TO THEM. SO HEARING WHAT WE HEARING, IF YOU WON'T, DON'T MIND COMING BACK DOWN FOR A MINUTE, MS. GOMEZ. AND IF YOU'LL BRING BEFORE THEY COME, CAN I ASK A QUESTION? SURE. I BELIEVE THERE WAS, I HEARD IN THE BRIEFING THAT IT WAS 12 FOOT ALLOWED AND THE REQUEST WAS FOR 15 FEET. FOR THE WALL HEIGHT. YES. FOR THE WALL HEIGHT. IS IT THE HEIGHT OF THE STRUCTURE? IS THAT THE, SO THE PRIMARY, SO THE OVERALL HEIGHT PER ARTICLE SIX, IT CAN BE 22 FEET, BUT THE WALL HEIGHT IS CAPPED AT 12 FEET. SO THEY'RE UNDERNEATH THE OVERALL HEIGHT. THE FOOT, YES. BUT THEY ARE EXCEEDING THE ALLOWED WALL HEIGHT. SO THAT'S WHAT THAT VARIANCE IS. SO WHEN THEY SAY THEY, THEY'RE ONLY ASKING FOR THIS ROOF TO BE PUT ON, IS THAT'S NOT, THE ROOF IS KIND OF IMMATERIAL TO THE CONVERSATION. IT'S ALREADY GOING TO ALLOW THE VARIANCES FOR THE BUILDING TO BE BUILT. OKAY. YEAH. THANK YOU. OKAY, ONE OTHER, GO AHEAD MR. HUTCHINS FIRST THEN MR. BAKER. OKAY. UH, HOW WAS THIS CASE ADVERTISED? THE WAY IT IS ON THE AGENDA? SO YOU'RE LOOKING AT THE ACCESSORY STRUCTURE LOT COVERAGE AND YOU'RE LOOKING AT THE WALL HEIGHT OF THE ACCESSORY STRUCTURE. THAT'S THE WAY IT WAS ADVERTISED. YES. AND THOSE ARE THE TWO VARIANCES BEFORE YOU TONIGHT. SO THE ROOF IS IMMATERIAL TO THIS DISCUSSION. ALRIGHT. OKAY, MR. BAKER. OKAY, SO WHAT, GO AHEAD AND STEP UP, PLEASE GO AHEAD AND STEP UP JAS AND TORAH. OKAY, NOW YOU HEARD ONE EARLIER TONIGHT ABOUT PUTTING IT ON, TABLING IT FOR ANOTHER NIGHT. AND SO I WOULD RECOMMEND TO YOU THAT YOU MIGHT WANT TO TABLE YOURS TO ANOTHER NIGHT. TALK TO THE CITY. MAYBE YOU MAY NEED TO CHANGE YOUR OUTSIDE WALL HEIGHT DOWN A LITTLE BIT. MAYBE YOU CAN KEEP SOME CENTER HEIGHT A LITTLE BIT AND WORK WITH THE CITY. AND YOU STILL MAY BE ABLE TO COVER THE SAME, BUT IT SOUNDS LIKE THE EXTERIOR WALL HEIGHT MAY BE A LITTLE BIT TALL. MAYBE YOU KEEP YOUR CENTER HEIGHT A LITTLE BIT. BUT I THINK YOU NEED TO WORK WITH THE CITY A LITTLE BIT HERE AND YOU MAY BE ABLE TO SALVAGE SOMETHING OUT OF IT. SO YOU DON'T HAVE, NOW IF YOU DO THAT, IF YOU MAYBE CUT TWO FEET OFF EACH END OF COVERAGE, THAT GETS YOU BACK UNDER FROM 11% TO THE 10% TOTAL LOCK COVER STUFF LIKE THAT, WHO KNOWS? IT IS, IT WILL BE MULTIPLE HUNDREDS OF SQUARE FEET. IT WOULD BE A LOT DOWN. YEAH. YEAH. BUT, BUT THERE ARE WAYS TO SALVAGE IT. BUT IF WE GO WITH A STRAIGHT UP DOWN, I'M INCLINED TO BE CONCERNED FOR THE NEIGHBORS WITH A HARD ROOFING STRUCTURE ON THERE. WANT, WANT A SAFE AND PRODUCTIVE AREA FOR THIS BUDDING STAR TO PRACTICE. BUT AT THE SAME TIME, I DON'T WANT US TO PUT THE CART BEFORE THE HORSE, BUT IT'S ENTIRELY UP TO YOU. AND I KNOW, I FEEL LIKE I'M GONNA HAVE TO GET YOU A CHRISTMAS GIFT. YOU'VE BEEN HERE . I I CAN RECOMMEND THAT YOU, THAT YOU TABLE IT AND TRY TO WORK WITH THE CITY A LITTLE BIT AND MAYBE YOU CAN COMPROMISE, COME UP WITH A WORKING SOLUTION, OKAY? BEFORE YOU COME BACK AND, [01:35:01] AND, AND ASK FOR SOMETHING THAT MAY NOT MAKE IT. NOW THAT BEING SAID, WHAT IS YOUR PLEASURE? DO YOU WANT US TO PLOW THROUGH AND TAKE A VOTE OR DO YOU THINK WE OUGHT TO TABLE WE CAN, UH, IF WE CAN TABLE WILL BE GREAT. YES. OUTSTANDING. OKAY. THAT, THAT TELLS US WHAT WE DIDN'T NEED TO DO ON THIS. THANK YOU LADIES. THANK YOU SO MUCH. THANK YOU. I APPRECIATE IT. ANYBODY ELSE FOR DISCUSSION? AND IF WE TABLE WE GET TO SEE JA AGAIN ABOUT WHO KNOWS WHAT SHE'LL HAVE WORKED UP IN A SPEECH NEXT TIME DISCUSSION. ALRIGHT, MR. CHAIRMAN, I'LL MAKE A MOTION THAT WE TABLE ZBA 23 0 6 0 0 4 9. I HAVE A MOTION. SECOND, UM, I'M GONNA LET THE BIRTHDAY GIRL, MS. SUCKIER TAKE THE SECOND ON THIS ONE. ANY FURTHER DISCUSSION? ALL RIGHT, ALL THOSE IN FAVOR OF TABLING RAISE RIGHT HAND, SAY AYE. AYE. AYE. BUT TAKES THIS TO ONE LAST ITEM ON THE AGENDA, WHICH IS CIRCLING BACK AROUND TO ITEM TWO. YES, SIR. OPPOSED? OH, I DIDN'T ASK IF ANYBODY, DOES ANYBODY OPPOSE THE TABLING? I APOLOGIZE. THANK YOU MR. HUTCHINS FOR CLARIFYING. I'VE DONE IT. I DID SEVEN OF THEM, RIGHT? AND THEN A TRIP ONE TIME. AND THERE YOU ARE. UH, SO THAT MOTION, UH, TWO TABLE PASSES, EIGHT TO 1, 8, 4, 1 AGAINST, WHICH TAKES [2. ZBA-23-06-0041 (Council District 5) – Appeal the decision of the Building Official to deny a Certificate of Occupancy (C.O.) for Auto Dealer (Non-Franchised Used), located at 1326 W Main Street, legally described as Lot 7 and a portion of Lot 6, Block 67, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, zoned Commercial (Part 2 of 2)] US NOW WITH MR. HUTCHINS PERMISSION TO CIRCLE BACK AROUND TO, UH, ITEM TWO. WE HAVE MADE A MOTION, WE HAVE DONE A VOTE, BUT THERE HAS COME TO LIFE AS SO THE SPEAKER CARDS IN THE ROOM AND OTHERS SAY, WHAT IS YOUR PLEASURE? DOES SOMEBODY WANNA MAKE A MOTION TO REOPEN THE HEARING ON ITEM TWO? MR. CHAIRMAN, SINCE WE HAD A SPEAKER CARD AND WE DID NOT GET THE SPEAKER TO SPEAK, I MAKE A MOTION THAT WE OPEN ZBA 2 3 0 6 0 0 4 1. SO WE NOW CAN REVIEW ANY SPEAKER CARDS. NOW DURING THE OPEN MEETING, BEFORE YOU NEED A SECOND, I DO HAVE A, A MOTION. DO I HAVE A SECOND? I DON'T WANT, I PERSONALLY DO NOT WANT, OH, MS. HUBACHEK WILL SECOND. SO NOW WE HAVE A VOTE. NOW WE HAVE TO TAKE A VOTE TO OPEN AGAIN. CHUNG, IS THIS, UH, SUPER MAJORITY TO REOPEN? WELL, YOU, YOU MADE A MOTION. YES. ANY ACTION WOULD NEED TO BE. OKAY. SO WE HAVE A MOTION TO REOPEN. WE'LL REQUIRE SEVEN TO REOPEN TO REOPEN THE HEARING. SO A A A POINT OF ORDER AND I'M GONNA DEFER TO YOUR COUNSEL ON THIS, BUT I, I BELIEVE THAT IN ORDER FOR YOU TO RECONSIDER, YOU WOULD HAVE TO HAVE THE MOTION BEING MADE FROM SOMEONE WHO WAS ON THE PREVAILING SIDE. UM, I WILL SAY, HOWEVER, IF YOU WANTED TO HEAR FROM A SPEAKER, YOU CAN HEAR FROM A SPEAKER AND THEN MAKE A DECISION AT THAT POINT AS TO WHETHER OR NOT YOU WANTED TO MAKE A MOTION TO RECONSIDER. THAT WOULD BE MY THOUGHTS. I DEFER TO MR. FIRM ON THAT. YOU CONCUR. BUT THAT WOULD WORK FOR ME. OKAY. SO THE QUESTION FIRST OF ALL IS DO WE REOPEN AND HEAR FROM THE SPEAKER? I'M INCLINED THAT, LET'S HEAR WHAT THEY HAVE TO SAY. WHETHER THAT ALTERS AND REQUIRES ANOTHER VOTE OR NOT, I CAN'T SAY. BUT THE ONE STEP IS WE HAVE A MOTION FROM MR TO REOPEN AND A SECOND FROM MS. ACHE. THE, THE POINT WAS TO ALLOW THE SPEAKER IF HE OR SHE IS HERE. AND AT THAT POINT YOU CAN, YOU CAN, UH, MOVE OR NO? DID YOU BRING THE OTHER SPEAKER CARD? NOT YET. OKAY. AND I BELIEVE COULD WE, I, YOU LEFT. I DON'T SEE HIM IN THE ROOM. I, I'M, OH, SHE'S HERE TO SPEAK 'CAUSE I ALSO HAVE A CARD THAT'S UP HERE THAT WAS IN THE STACK FROM MR. LEE, BUT HE WASN'T IN THE ROOM WHEN I ASKED FOR ANYBODY TO SPEAK ON IT. ALSO, WHEN MR. HUTCHINS ASKED IF THERE WAS FURTHER TESTIMONY BROUGHT UP, NOBODY SPOKE THAT I THINK HE WAS IN THE ROOM. I JUST DON'T THINK HE WANTED TO SPEAK. HE DIDN'T? YEAH. 'CAUSE HE MARKED HE SPEAK UP. HE MARKED HE WANTED TO, BUT WE GAVE HIM TWO OCCASIONS DURING OPEN MEETING TO HEAR THAT. WE WERE GONNA DISCUSS THAT IN A BIT. BUT JUST SO WE'RE CLEAN, WE GAVE HIM AN MOTION. BUT THE LADY HAS SAT HERE VERY PATIENTLY. UH, SO WE HAVE A MOTION TO OPEN THIS UP AND HEAR WHAT SHE HAS TO SAY. I HAVE A SECOND. ALL THOSE IN FAVOR OF OPENING IT UP IN HEARING WHAT THIS LADY WOULD LIKE TO SAY, PLEASE SIGNIFY BY RAISING YOUR RIGHT HAND SAYING, AYE, I HAVE 1, 2, 3. ALL THOSE OPPOSED, PLEASE RAISE YOUR RIGHT HAND. SAME SIGN. ONE, TWO, AND FIVE. DID YOU MAKE A VOTE? YOU'RE ABSTAINING. ABSTAINING, ABSTAINING. ALL RIGHT, SO WE'RE NOT GONNA REOPEN THIS PUBLIC HEARING. UH, WE ARE DONE WITH THIS. WE HAVE VOTED. SO THANK YOU FOR COMING DOWN. I WASN'T ASKING, I JUST HAD CITIZEN COMMENT. OH, WELL [CITIZEN COMMENTS] CITIZEN COMMENT, YOU CAN TALK ALL YOU WANT. THAT'S THE NEXT PART ON THE AGENDA. YES SIR. IS IT ON THIS PARTICULAR CASE? NO, HE ASKED A QUESTION. JUST A QUESTION. OKAY. HERE'S THE CHALLENGE WITH CITIZEN COMMENTS BECAUSE THEY'RE [01:40:01] NOT ON THE AGENDA AND NOT POSTED AND OUR CITY ATTORNEYS HAVE TOLD US A GREAT OPEN MEETINGS RECORD. WE CAN'T COMMENT ON OR ANSWER YOU OR EVEN WE JUST HAVE TO STARE AND LOOK AT YOU. NOW. THE CITY STAFF CAN CERTAINLY GET WITH YOU AFTERWARDS ONCE WE ADJOURN THE MEETING AND ADDRESS YOUR CONCERNS. SO WITH THAT IN MIND, IF YOU'D LIKE TO SPEAK UNDER CITIZEN COMMENTS, I INVITE YOU DOWN. NOW YOU SAY WHAT YOU'RE GONNA SAY, BUT JUST KNOW THAT NONE OF US ARE GONNA TAKE ACTION ON IT 'CAUSE IT HASN'T BEEN POSTED TO THE PUBLIC, THE LEGAL 72 HOURS, WHAT YOU'RE GONNA SAY. SO WE REALLY CAN'T SOLVE YOUR DEALS. BUT HERE'S THE GOOD NEWS. TALENTED GIFTED AND TALENTED STAFF IS IN THE ROOM TO TO HEAR IT OUT. AND AS SOON AS I, AS SOON AS I ADJOURN, I CAN FIX IT A LOT BETTER. SO I'LL GO AHEAD AND READ IN THE RECORD UNDER CITIZEN COMMENTS, NOT ON THAT CASE. UH, IF YOU'LL START WITH YOUR NAME AND YOUR ADDRESS AND WE'LL HEAR YOUR COMMENT AND REALIZE THAT IF YOU END WITH A QUESTION MARK, WE'RE JUST GONNA SMILE . FAIR ENOUGH? FAIR ENOUGH. ALRIGHT. MY NAME IS LORI DUNHAM, UH, 1900 COUNTRY CLUB DRIVE, SUITE ONE 20 IN MANSFIELD, TEXAS 7 6 0 6 3. I WAS HIRED BY THE, UH, APPLICANT TO HELP HIM PREPARE FOR THE ZONING HEARING AND AFTER TODAY'S VOTE, UH, MY PERSONAL QUESTION WAS HOW CAN I MOVE FORWARD WITH HELPING HIM REAPPLY, KNOWING THE NOS AND WHAT THEY WERE FOR, WHAT, WHAT WAS THE NOSE, UH, BASIS FOR SAYING NO? BECAUSE THE APPLICANT WOULD VERY MUCH LIKE TO BE PART OF THE COMMUNITY, HAVE A GOOD BUSINESS, PAY TAXES, YOU KNOW, DO ALL THE THINGS THAT ARE, UH, A GOOD BUSINESS OWNER WOULD DO. UM, AND I'M NOT SURE WHY THE NOS WERE A NO. THAT'S WHERE I AM QUESTIONING THAT'S IT. GOT IT. AS I SAID, WE CAN'T ADDRESS ANY OF THAT, BUT I BET YOU CAN GET WITH CITY ATTORNEYS, CITY STAFF AND, AND, AND TALK ABOUT THE INTERPRETATION AND, AND WHERE WE GO FROM HERE. PERFECT. BUT AS FAR AS THIS, THIS BOARD, WE, WE WERE JUST TO WHETHER THE BUILDING OFFICIAL ERRED IN THEIR JUDGMENT AND EITHER UPHELD OR, OR OVERTURNED THAT. GREAT. THAT'S ALL WE CAN DO. ALL RIGHT. BUT THANK YOU FOR GOING DOWN AND WEARING CITIZEN. WE GOT A CITIZEN COMMENT. IT'S BEEN SIX YEARS. I HAVEN'T SEEN THE CITIZEN COMMENT EITHER. IT WAS A LITTLE MUDDY, BUT WE GOT THERE ANY OTHER BUSINESS? THANK YOU LAURIE. APPRECIATE YOU COMING DOWN ANY OTHER BUSINESS. IF NOT, WOULD EVERYBODY WISH MS. KIMBERLY A HAPPY BIRTHDAY? EVERYBODY. EVERYBODY WANTS TO SPEND TWO HOURS ON THEIR BIRTHDAY AT ZBA AND WE ARE ADJOURNED. * 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.