Aug 21, 2023 Zoning Board of Adjustment

SO IT IS, IT'S IN THE UDC AND AS BRETT SAID TO ME, IF YOU'RE PERPENDICULAR TO IT, EVEN IF IT'S 50% TRANSPARENT, YOU CAN'T SEE.

WELCOME TO THE STAFF BRIEFING OF THE BOARD OF ADJUSTMENTS APPEALS FOR THE MEETING OF AUGUST 21ST, 2023.

I'M BARRY SANDERS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS.

THIS STAFF BRIEFING IS HEREBY CALL TO ORDER AT 5:43 PM THIS PORTION OF THE MEETING IS WHERE THE STAFF BRIEFS THE BOARD AND VIEWS THE CASES ON THE AGENDA.

BOARD MEMBERS WILL HAVE THE OPPORTUNITY TO ASK QUESTIONS THAT MAY FACILITATE THE MEETING AND PRESENTATION OF THE CASE.

NO ACTION WILL BE TAKEN DURING THE BRIEFING.

I'LL NOW CONDUCT A ROLL CALL OF MEMBERS.

CONFIRM PRESENCE OF A QUORUM AFTER I CALL YOUR NAME, PLEASE SAY HERE.

UH, CLAYTON HUTCHINS.

HERE.

TIMOTHY APO? YEAH.

UH, ANTHONY LANGSTON HERE.

UH, JOSE EZ HERE.

AND MELINDA ROGERS IS IN THE ROOMS HERE.

SO WE GOT LOTS OF, LOTS OF, WE GOT ENOUGH FOR A QUORUM AND WE'LL HAVE A FEW MORE I BET.

SO WE'LL GO AHEAD AND GET STARTED WITH OUR OFFICIAL.

YOU WANNA COME ON UP? MELINDA? YOU WANNA COME UP AND SIT? IT DOESN'T MATTER TO ME.

WE ALSO HAVE IN THE ROOM DEBBIE HUBACHEK, SAY HERE.

HERE.

AND MELINDA ROGERS.

SO WE NOW ARE GOLDEN.

A FULL SLATE OF NINE.

WONDERFUL.

ALRIGHT.

SO COMMISSIONERS, PLEASE REMEMBER TO TURN ON YOUR MICROPHONE BEFORE YOU SPEAK TO ENSURE THAT EVERYONE CAN HEAR YOU.

AND NOW, MS. BRITTANY, IF YOU'LL PLEASE PRESENT OUR AGENDA.

UH, GOOD EVENING BOARD MEMBERS.

SO OUR FIRST OR SECOND ITEM ON THE AGENDA IS EBA 23 0 6 0 0 4 3.

SO THIS WAS FROM LAST MONTH'S MEETING.

IT WAS TABLED.

THE APPLICANT HAS REQUESTED A TABLED AGAIN, THEY'RE STILL WORKING THROUGH SOME THINGS WITH BUILDING INSPECTIONS, SO THEY SHOULD BE BACK NEXT MONTH.

AGENDA ITEM NUMBER THREE, ZBA 23 0 7 5.

THIS APPLICATION HAS BEEN FORMALLY WITHDRAWN, SO THEY WILL NOT BE BACK NEXT MONTH.

AND SO ONLY ONE ITEM ON THE AGENDA THAT WE'RE LISTENING TO, UM, IS ZBA 23 0 7 0 0 5 2.

THIS IS LOCATED AT 2 0 9 CEDAR DRIVE.

UM, THEY'RE REQUESTING TWO VARIANCES.

ONE IS THE VARIANCE TO THE ALLOWED FENCING MATERIAL FOR RESIDENTIAL FENCING.

UM, SO WHAT'S ALLOWED, IN PARTICULAR, WHAT'S CAUSING THIS IS, AND YOU'LL SEE HERE, IS THAT THEY'RE RIGHT ON THEIR PROPERTY LINE.

AND SO WHEN YOU'RE RIGHT ON YOUR PROPERTY LINE, UM, A FENCE HAS TO BE 50% TRANSPARENT AND IT HAS TO BE WITH RESIDENTIAL GRADE, WHICH IS TRUE FOR ALL THE FENCE, BUT IN PARTICULAR, 'CAUSE IT'S RIGHT ON THAT PROPERTY LINE.

WE WANT IT TO BE, UM, ONE OF THESE TYPES OF FENCES YOU SEE HERE, A CHAIN LINK, ROD, IRON RAIL OR PICKET FENCES.

UM, THEIR REQUESTED MATERIAL IS WOODEN POST WITH WELDED WIRE, IS WHAT THE APPLICANT HAS SAID IT IS.

AND THEY'RE ALSO, UM, REQUESTING A VARIANCE TO THE MAXIMUM HEIGHT.

SO WHAT'S ALLOWED IS FOUR FEET, UM, ON THAT FRONT SETBACK.

AND THEY'RE REQUESTING A VARIANCE TO SIX FEET.

SO HERE I JUST INCLUDE A SNIPPET OF THE CODE THAT ESSENTIALLY SAYS YOU ARE ALLOWED TO PROPOSE ALTERNATIVE FENCING MATERIAL, BUT IT STILL HAS TO MEET OUR CODE.

UM, AND THE CHIEF CITY PLANNER AND BUILDING INSPECTION, OR THE, UH, OFFICIAL BUILDING OFFICIAL, THEY CAN LOOK AT THAT AND DECIDE, YEAH, THAT MEETS OUR CODE.

WE WILL ALLOW IT.

IF IT DOESN'T, THEY THEN HAVE THE RIGHT TO COME TO ZBA AND REQUEST, GO TO THE BOARD AND REQUEST IT FROM Y'ALL.

SO THAT'S WHAT'S BRINGING THIS CASE HERE TONIGHT.

SO STAFF FOUND THAT, THAT WHAT THEY HAVE OUT THERE DOES NOT MEET OUR CODE.

UM, SO THIS IS THE SITE PLAN.

WHAT'S IN BLACK IS THE NEW FENCE.

SO IT WAS RECENTLY PUT UP, I THINK ABOUT SIX MONTHS AGO.

UM, SO I'M GONNA ACTUALLY SKIP AHEAD AND I'LL COME BACK TO THAT SLIDE.

SO THIS IS THE OPPOSITION MAP.

WE DID RECEIVE FOUR LETTERS IN OPPOSITION.

SUBJECT PROPERTY IS IN YELLOW.

THE NOTIFICATION AREA IS IN BLUE.

AND THE, UM, PROPERTIES IN RED ALL SEND IN LETTERS IN OPPOSITION.

SO 15 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR FOR RETURN TO OPPOSE.

AND THERE IS NOT AN HOA STAFF CANNOT SUPPORT THIS REQUEST THROUGH THE FACT THAT THIS VARIANCE IS A SELF-CREATED HARDSHIP.

AND STAFF DOES NOT BELIEVE THAT THE PROPOSED MATERIALS MEET THE UDC REQUIREMENTS FOR RESIDENTIAL GRADE FENCING MATERIALS.

IF THE BOARD CHOOSES TO GRANT THE APPLICATION, THEN WE ARE REQUESTING THE FOLLOWING CONDITION.

THE APPLICANT SHALL MOVE THE FENCE OUTSIDE OF THE VISIBILITY TRIANGLE.

SO I'M GONNA GO BACK.

THIS KIND OF SHOWS YOU WHAT THE VISIBILITY TRIANGLE IS.

SO LET SEE, UM, WHERE'S MY MOUSE? SO THIS RIGHT HERE IS THE VISIBILITY TRIANGLE.

SO WE WOULD ASK, THEY MOVE OUTSIDE OF THAT.

AND THE REASON BEING THERE IS A, THEIRS NEIGHBOR'S DRIVEWAY IS RIGHT BY THE, OR THEIR NEIGHBOR'S DRIVEWAY IS RIGHT BY THIS FENCE.

AND SO YOU DON'T WANT THE FENCE WITHIN THE VISIBILITY TRIANGLE.

'CAUSE IT, IT PRESENTS A POTENTIAL SAFETY ISSUE FOR WHEN THEIR TRYING TO GET OUT OF THEIR OWN DRIVEWAY.

THAT CONCLUDES STAFF PRESENTATION AVAILABLE FOR ANY QUESTIONS.

I'M KIND OF CONFUSED ABOUT THE VISIBIL, THE THINGS 95% TRANSPARENT.

[00:05:01]

SO THAT IS A SAFETY REQUIREMENT FOR THE UDC AND YOU.

THAT WOOD POST STILL COULD BE IN YOUR LINE OF SIGHT.

YOUR WOOD POST WOULD STILL BE IN THE LINE OF SIGHT.

OH, GOTCHA.

MM-HMM .

AND SO, BUT THE CODE IS ACCORDING TO UUD C, IT'S SUPPOSED TO BE NOWHERE MORE THAN FOUR FEET.

AND IT'S SUPPOSED TO BE OF ROD RESIDENTIAL GRADE MATERIAL OR CHAIN LINK IN THE FRONT.

UH, ANY OTHER QUESTIONS TO MY RIGHT ON THIS ONE QUESTION TO MY LEFT? THANK YOU, BRITTANY.

WHICH TAKES US THE NEXT ITEM ON THE AGENDA, WHICH IS A PRESENTATION ON OPEN MEETINGS ACT.

GOOD EVENING EVERYONE.

SO I'M HERE TO DISCUSS THE TEXAS OPEN MEETINGS ACT, UH, SOMETIMES REFERRED TO AS THE TOMA.

WHAT IS IT? IT'S THE TEXAS LAW THAT'S REQUIRED OF ALL ELECTED AND GOVERNMENT APPOINTED GOVERNMENT OFFICIALS.

UM, THE NORMALLY, YOU'RE SUPPOSED TO, UM, TAKE THE, TAKE A ONE HOUR COURSE WITHIN 90 DAYS AFTER YOU ARE A SWORN TOS OFFICE.

I'M SURE THAT SOME OF YOU, MOST OF YOU HAVE ALREADY DONE THAT.

UM, I DON'T KNOW IF IF OUR NEWEST MEMBER HAS OR HAS NOT.

THE NORMAL TELE TRAINING IS PRETTY INVOLVED.

THIS IS NOT GONNA BE A REPLACEMENT FOR THAT.

THIS IS JUST TO HIT A FEW POINTS AND LET'S GO TO HERE.

LET'S SEE.

UH, AS WE'VE, SO AT THE END OF EVERY PUBLIC HEARING, WE HAVE CITIZEN COMMENTS.

SO WHY DO WE HAVE THE OPEN MEETINGS ACT? WELL AS THE FIRST, UH, ENTRY THERE? THE SHARPSTOWN SCANDAL.

WHAT IS THAT? WELL, THE GIST OF IT IS THERE WAS A BACKROOM DEAL WHERE A BANKER WHO ALSO MANAGED AN INSURANCE COMPANY LOANED MONEY TO GOVERNMENT OFFICIALS AND WHO IN TURN WOULD USE THE MONEY TO BUY BACK STOCK OR BUY STOCK IN THE INSURANCE COMPANY.

THE, UM, THE, UH, BANKER SOMEHOW GOT THE, UH, STOCK PRICE TO GO UP.

THE OFFICIALS TURNED AROUND, SOLD THE STOCK AT AN INFLATED PRICE.

AND SO, YEAH, THIS BACKROOM DEAL, SURPRISINGLY, SOME PEOPLE TOOK ISSUE WITH THAT.

AND HERE WE ARE, WE HAVE THE TEXAS OPEN MEETINGS ACT.

UH, THE PURPOSE IS TO PROMOTE TRANSPARENCY.

SORRY, WHEN? SO IT'S TO MAKE SURE THAT THE PUBLIC IS MADE AWARE OF, UH, WHEN GOVERNMENTAL BODIES MEET WHAT THEY'RE GONNA TALK ABOUT AND ALLOWS THE PUBLIC, UH, THE OPPORTUNITY TO TAKE PART IN THE PROCESS.

LET'S GO WITH THIS HERE.

ALRIGHT, SO WHEN DOES THE, TO WHEN DOES THE TOMO OR TEXAS OPEN MEETINGS ACT APPLY? WELL, THERE ARE TWO THINGS THAT MUST APPLY.

ONE IS THAT THE INDIVIDUALS INVOLVED MUST BE DELIVERING ON PUBLIC BUSINESS.

AND SECONDLY, A QUORUM MUST BE PRESENT.

UM, I THINK IT'S SELF-EXPLANATORY, UH, THE, UH, DELIBERATING PUBLIC BUSINESS.

SO LET'S MOVE ON TO THE QUORUM.

WELL, THAT IS JUST SIMPLY A MAJORITY OF THE BOARD.

LET'S DISTINGUISH BETWEEN THE SUPER MAJORITY THAT'S REQUIRED TO TAKE ACTION IS SIMPLY A MAJORITY.

SO FIVE MEMBERS OUT OF THE NINE.

BUT THAT IS SORT OF A, UM, A FLUID, UH, ISSUE.

AND, AND THAT'S WHERE WE, IF WE GO DOWN TO POINT NUMBER FOUR, BEWARE OF A WALKING QUORUM.

WHAT IS THAT? WELL, NORMALLY, IF YOU ARE, SO, IF, SO, WHAT'S PROHIBITED IS, IS A DISCUSSION OUTSIDE OF THE PUBLIC FORUM BETWEEN FIVE MEMBERS.

NOW, LET'S SAY THAT, UH, ANTHONY AND ERIC TALK ABOUT AN ISSUE BETWEEN, BETWEEN THEMSELVES.

WELL, THAT'S FINE.

THEY WROTE IN DEBBIE.

THAT'S FINE.

BUT NOW THEY C CARRY ON.

DEBBIE TALKS TO BARRY AND ERIC, YOU TALKED TO TIMOTHY.

NOW WE HAVE FIVE.

BUT THESE DID NOT TAKE PLACE IN, IN THE, IN THE SAME ENVIRONMENT.

BUT STILL WE HAVE FIVE THAT IS A QUORUM, AND THAT WOULD BE PROHIBITED.

OKAY, FOR THE RECORD, THERE'S A LITTLE ANIMATED PEOPLE I WAS LOOKING FOR.

AH, I SEE.

SORRY.

SO NOW IF WE TURN TO THE MEETING ITSELF, WE HAVE THE, YOU KNOW, THE TOP, WE HAVE THE AGENDA.

THE PURPOSE OF THAT IS TO PROVIDE NOTICE OF THE DATE, HOUR, THE PLACE, AND THE ITEMS FOR DISCUSSION.

USUALLY THESE, UH, THE AGENDA MUST BE POSTED AT LEAST 72 HOURS BEFORE THE MEETING.

IF IT IS NOT THE NOTICE IS BAD, AND THEREFORE WE CANNOT HOLD THE MEETING THE MINUTES.

THAT IS JUST SOMETHING THAT IS JUST TO, UH, TO CREATE A PERMANENT RECORD.

IS A, IS RECORDING EVERYTHING THAT TOOK PLACE AT THE MEETING.

UM, THE, THE MEETINGS MUST BE OPEN TO THE, TO THE PUBLIC.

NOW, THAT IS TO, NOT ONLY IS IT OPEN TO THE PUBLIC, BUT THE DISCUSSIONS HAVE TO BE, UM, OPEN TO THE PUBLIC AS WELL.

OKAY? AND SO, IF, SO, DURING THE MEETING, IF YOU'RE TURNING TO ONE ANOTHER TO, TO DISCUSS, IT MAY BE SOMETHING THAT IS TOTALLY UNRELATED TO THE TOPIC AT HAND, BUT THE PUBLIC IS NOT AWARE OF THAT.

SO PLEASE TRY TO REFRAIN FROM THAT.

NOW, WHEN, WHEN, WHERE ELSE WOULD IT ARISE? WHEN WE'RE TALKING ABOUT EMAILS, PHONE CALLS, UH, TEXT MESSAGES, UM, OBVIOUSLY THOSE THINGS WOULDN'T, THE GENERAL PUBLIC WOULD NOT BE PRIVY TO THAT.

AND IF, AND IF YOU ENGAGE IN THAT, YOU RUN THE RISK OF, OF OPENING YOURSELF UP TO WALKING QUORUM.

SO TRY TO KEEP, BASICALLY KEEP, TRY TO KEEP IT SO THAT ANY DISCUSSIONS THAT YOU HAVE REGARDING THE CASES ARE DONE AT THE MEETING ITSELF.

OKAY? UM, LEMME SEE CITIZEN COMMENTS,

[00:10:01]

THEY CAN, THEY CAN BRING UP ANY MATTERS, BUT WE ARE NOT SUPPOSED TO RESPOND TO 'EM.

WE CAN SIT THERE AND ACKNOWLEDGE AND SAY, THANK YOU VERY MUCH FOR SPEAKING.

AND WHAT CAN WE DO? WE CAN RESPOND BACK TO PROVIDE FACTUAL, UH, FACTUAL INFORMATION.

UH, WE CAN, UH, ENGAGE IN LIMITED DISCUSSION TO SEE IF WE'RE GOING TO PUT IT UP ON AN AGENDA IN THE FUTURE.

OKAY? BUT WE CANNOT RESPOND.

WE CANNOT DISCUSS, UH, UNDER CITIZEN COMMENTS.

AND THEN THE, THE BOTTOM POINT, DO SOCIAL FUNCTIONS CONFERENCES, CEREMONIAL EVENTS NEED TO BE POSTED.

NO, YOU ARE, YOU ARE ENGAGED, YOU'RE ALLOWED TO ENGAGE IN YOUR EVERYDAY ACTIVITIES, EVEN AMONGST EACH OTHER.

JUST DON'T.

BUT, BUT DURING THOSE, UH, UH, SITUATIONS, DO NOT DISCUSS, UM, BOARD BUSINESS.

OKAY? NOW WE TURN TO THE MEETING ITSELF.

SO AS, AS BRITTANY, UH, UM, WENT THROUGH DURING THE BRIEF, DURING THE BRIEFING, AND AS SHE'LL GO THROUGH IN PUBLIC HEARING STAFF PRESENTS THEN IS THEN THE APPLICANT IS GIVEN A, AN OPPORTUNITY TO RESPOND.

OTHER CITIZENS MAY RESPOND, UH, IN EITHER IN SUPPORT OR AGAINST THE APPLICATION.

AND THEN BOARD MEMBERS ARE ALLOWED TO, TO ENGAGE WITH THE APPLICANTS AND WITH THE, AND WITH STAFF TO GET MORE INFORMATION TO MAKE THEIR DECISION.

ONCE THAT IS DONE, A MOTION, UH, UH, A BOARD MEMBER IS, UH, WILL NEED TO MAKE A MOTION.

UH, ANOTHER BOARD MEMBER NEEDS TO SECOND THAT MOTION.

AND THEN BEYOND THAT, IT'S OPEN FOR ANY DISCUSSION BY THE BOARD.

AT THAT POINT, THE CHAIR WILL RESTATE THE MOTION, CALL FOR A VOTE, AND THEN THEY ANNOUNCE THE RESULTS OF THE VOTE.

SO, GOING BACK TO THE TEXAS OPEN MEETINGS ACT, WHY IS THIS SO IMPORTANT? WELL, UH, IF YOU VIOLATE THE ACT, YOU ENGAGE IN A WA YOU ENGAGE DISCUSSION OUTSIDE OF THE, OF THE PUBLIC MEETING, YOU COULD OPEN YOURSELF UP TO CIVIL AND CRIMINAL PENALTIES, WHICH INC, WHICH WOULD INCLUDE FINES BETWEEN A HUNDRED AND $500 AS, AS WELL AS JAIL TIME OR BOTH.

SO BEST NOT TO VIOLATE THE ACT .

AND AS THE, AS THE, UM, UH, HEADLINE HERE.

UM, WE HAD SOME, UM, MEMBERS FROM A CARROLL ID BOARD THAT WERE ACTUALLY SUBJECT TO CRIMINAL PROSECUTION AND CIVIL, UH, AND A CIVIL CASE.

SO BEST TO AVOID THAT.

SO NOW WE TURN TO, UH, RULES HERE, OR SOME GUIDELINES HERE.

BEFORE YOU ASK, BEFORE YOU SPEAK, ASK YOURSELF, AM I SPEAKING AS A CITIZEN OR FOR THE CITY? YOU ARE BOARD MEMBERS.

EVEN IF A CASE IS, IS REGARDING YOUR NEIGHBOR NEXT DOOR, YOU ARE A BOARD MEMBER.

THAT IS YOUR ROLE.

YOU CANNOT, YOU CANNOT ENGAGE IN, UH, HEARING THE CASE AS A BOARD MEMBER.

AND THEN, UM, AND THEN, AND TAKING INTO ACCOUNT THE FACT THAT THIS IS YOUR NEIGHBOR.

IT'S GONNA IMPACT YOUR PROPERTY.

AND WE'LL GET TO, WE'LL, WE'LL COVER THAT IN A, IN A, WE'LL RETURN TO THAT IN A FEW MOMENTS.

OKAY? NOW, NEXT, THE NEXT POINT, WILL THIS COMMENT VIOLATE THE OPEN MEETINGS ACT? WELL, AGAIN, WHY? BECAUSE CRIMINAL PENALTIES, CIVIL PENALTIES BEST NOT TO DO IT.

WOULD I WANT THIS ON THE FRONT PAGE OF THE PAPER? WOULD I WANT MY FAMILY TO SEE THIS? KEEP IN MIND YOUR DISCUSSIONS, YOUR TEXT MESSAGES EVEN ARE SUBJECT TO OPEN RECORDS, OKAY? AND SO IF YOU ENGAGE IN ANY CONVERSATIONS REGARDING, UH, CITY BUSINESS, SOMEONE TO SUBMITS AN OPEN RECORDS REQUEST, WE CAN, WELL, NOT, WE, WE WOULD HAVE TO PRODUCE THOSE RECORDS TO THE REQUESTER, EVEN IF IT IS, EVEN IF THE CONTENT IS LOCATED ON YOUR CELL PHONE.

OKAY? AND NOW WE TURN TO CODE OF ETHICS.

SO AS A, AS A BOARD MEMBER, YOU ARE REQUIRED TO BE INDEPENDENT, IMPARTIAL, AND RESPONSIBLE ONLY TO THE PEOPLE OF THE CITY, NOT YOUR PERSONAL INTERESTS.

OKAY? SHOULD YOU HAVE A CONFLICT, UM, YOU SHOULD NOT HAVE A CONFLICT.

IF YOU DO, THEN WHO GOES TO THE NEXT SLIDE HERE? SORRY, LEMME GO BACK TO THIS.

ALRIGHT, SHOULD, SHOULD NOT HAVE A CONFLICT WITH YOUR, WITH THE DISCHARGE OF YOUR DUTIES.

WHAT ELSE ARE YOU NOT ALLOWED TO DO? WELL, YOU'RE NOT ALLOWED TO USE YOUR POSITION FOR A PERSONAL GAIN.

YOU'RE NOT SUPPOSED TO ACCEPT GIFTS OR FAVORS.

USE YOUR POSITION TO SECURE SPECIAL PRIVILEGES.

YOU CANNOT GIVE SPECIAL, UH, TREATMENTS TO YOURSELF OR TO A FRIEND OF YOURS.

UH, YOU ARE NOT ALLOWED TO DISCLOSE NON-PUBLIC INFORMATION.

AND AS WE TALKED ABOUT, YOU CANNOT WEAR TWO HATS WHILE SERVING AS A MEMBER OF THE BOARD.

NOW, WHAT HAPPENS WHEN A, WHEN A SITUATION ARISES WHERE YOU DO HAVE AN INTEREST WHERE IT IS YOUR PROPERTY AND YOU DON'T WANT THAT CARPORT GOING IN, OR, OR, OR, OR YOU DON'T WANT THE, THE EXTRA LARGE ACCESSORY STRUCTURE.

WELL, YOU CAN'T PARTICIPATE IN THE DISCUSSION OR THE VOTES PRIOR TO THE MEETING.

YOU SHOULD NOTIFY STAFF AND WHICH THEY'LL HAVE YOU COMPLETE THE REQUIRED FORM.

AND ONCE THAT'S DONE, YOU CANNOT TAKE PART IN THIS.

DURING THE DISCUSSION OF THE CASE ITSELF, YOU ARE REQUIRED TO LEAVE THE MEETING AND THAT COMPLETES THE OR DISCUSSION REGARDING THE OPEN MEETINGS ACT.

DID YOU HAVE ANY QUESTIONS? ANY QUESTIONS? MR. HUTCHINS? I KNOW THAT WE HAVE BEEN IN EXECUTIVE SESSION BEFORE.

I KNOW THAT'S ALLOWED FOR MR. BOARD WEEKS.

[00:15:01]

WERE GIVEN A SESSION ON AFTER SHOOTERS.

IT WAS AN EXECUTIVE SESSION.

SO THAT CAN BE DONE, RIGHT? THAT CAN BE DONE.

I DIDN'T WANNA DISCUSS THAT DURING HERE BECAUSE FOR THE MOST PART WE DON'T.

BUT THAT IS, BUT THAT IS LIMITED TO, TO, UM, WE TRY TO KEEP IT LIMITED TO MATTERS INVOLVING SAFETY ATTORNEY-CLIENT PRIVILEGE, SETTLEMENT DISCUSSIONS, WHICH WOULDN'T INVOLVE THIS BOARD FOR THE MOST PART.

BUT YES, THERE ARE LIMITED OPPORTUNITIES FOR EXECUTIVE SESSION.

BUT FOR THE MOST PART, THE, FOR MOST OF WHAT WE DO ON THIS BOARD, WE WILL BE, WE WILL BE ENGAGED IN OPEN SESSION.

AND EVEN IF WE GO TO EXECUTIVE SESSION, ANY DECISIONS THAT ARE, THAT ARE, UM, DECIDED UPON MUST BE ENTERED INTO IN OPEN SESSION.

AND ON THE PERSONAL OR PRIVATE INTEREST, DO YOU HAVE TO HAVE AN INTEREST THAT SPECIFICALLY AFFECTS YOU OR CAN YOU JUST ABSTAIN? IF YOU DON'T WANT TO VOTE FOR SOMETHING, THE, WELL, WE'RE NOT REALLY TALKING ABOUT ABSTAINING.

SO IF YOU HAVE A PERSONAL INTEREST IN IT, YOU ARE BASICALLY SUPPOSED TO RECUSE, RECUSE YOURSELF NOW.

SO IF IT IS, SO IF WE GO BACK TO THE PERSONAL, TO THE INTEREST, IT IS SOMETHING THAT PERTAINS TO IF YOU BETTER TO ERR ON THE SIDE OF CAUTION.

AND SO IF IT IS SOMETHING THAT YOU FEEL IS A, IS A, THAT YOU, THAT YOU HAVE AN INTEREST IN BETTER TO NOTIFY STAFF.

IF YOU ARE NOT SUBJECT TO A CONFLICT AND YOU ARE HERE FOR THE, FOR THE MEETING FOR THE VOTE, THEN YOU SHOULD ENDEAVOR TO VOTE AS OPPOSED TO ABSTAINING.

DOES THAT ANSWER YOUR QUESTION? YEAH.

AND IF, IF I CAN JUST ADD ON TO THAT REAL QUICK.

SO YOU CANNOT ABSTAIN JUST BECAUSE YOU DON'T WANT PEOPLE TO KNOW HOW YOU FEEL ON A TOPIC.

SO WHEN YOU ABSTAIN, YOU HAVE TO HAVE SOME TYPE OF LEGAL CONFLICT OF INTEREST.

SO IF YOU ARE WITHIN THE NOTICE AREA, THEN WE WOULD CONSIDER YOU TO HAVE A CONFLICT OF INTEREST BECAUSE THAT IS SOMETHING WHERE YOU WOULD BE SITUATED DIFFERENTLY THAN OTHER BOARD MEMBERS.

UM, WE ALWAYS ASK IF YOU THINK YOU MAY HAVE A CONFLICT OF INTEREST, REACH OUT TO STAFF IN ADVANCE, REACH OUT TO THE CITY ATTORNEY'S OFFICE AND WE CAN HELP EVALUATE.

BUT YOU CAN'T JUST DECIDE THAT YOU WANT TO ABSTAIN BECAUSE YOU JUST DON'T FEEL RIGHT ABOUT IT.

UM, AND I THINK THAT MAYBE PROVIDES A LITTLE MORE CLARITY.

GOOD.

OTHER QUESTIONS? BASICALLY, WE GOT LEGAL COUNSEL IN THE ROOM.

WE'RE GONNA FOLLOW LEGAL COUNSEL'S ADVICE.

'CAUSE YOU KNOW, I DON'T WANNA BE ON THE NEWS FOR YOU GUYS FOR ANYTHING.

UM, OH, BARRY, WE KNOW YOU.

YEAH, YEAH.

OH, I LIKE THE SPOTLIGHT, BUT NOT THAT MUCH.

I WOULD NOT DO WELL IN GENERAL POPULATION, SIR.

UH, ANY OTHER QUESTIONS? THANK YOU CHUNG.

I APPRECIATE THAT.

ALRIGHT, THE OTHER ITEM WE HAD ON OUR BRIEFING AGENDA WAS ELECTION OF OFFICERS.

BUT IN THE SPIRIT OF OPEN MEETINGS AND DOING EVERYTHING ABSOLUTELY RIGHT AND ACCORDING TO AND TRANSPARENT FOR THE GENERAL PUBLIC, WE ARE GOING TO VOTE ON THAT.

OUR BYLAWS SAY WE VOTE ON THAT AT OUR SEPTEMBER MEETING, WHICH IS SEPTEMBER 18TH.

I'VE HAD THE HONOR AND PLEASURE OF SERVING AS CHAIR RECENTLY, MR. BAKER AS VICE CHAIR AND WOULD LOVE TO CONTINUE TO DO THE SAME.

BUT ANYBODY WANTS TO MOUNT A CUDA TA.

WE HAVE ONE MONTH TO FIGURE IT OUT AND WE'LL GO THERE.

SO WE'RE TAKING NO ACTION TONIGHT, BUT THERE WILL BE AN ELECTION OF, UH, OFFICERS ON OUR SEPTEMBER 18TH MEETING.

OKAY? OKAY.

TO THE CITY OF GRAND PRAIRIE BOARD OF ADJUSTMENT APPEALS MEETING OF AUGUST 21ST, 2023.

UH, THIS CONCLUDES THE STAFF MEETING.

WE'LL AURN ADJOURN UNTIL SIX O'CLOCK, WHICH WAS ONE MINUTE AGO FOR A REGULAR MEETING.

I'LL ASK IF ANYBODY ELSE HAS NEEDS A COMFORT BREAK.

BUT I'LL ADJOURN THE BRIEFING.

ARE WE OKAY? WE CAN GO AHEAD AND ROLL RIGHT INTO IT WITH YOUR PERMISSION.

WE WILL.

I WANT TO REALLY IMPRESS THE NEW GUY THAT WE'RE FAST.

UM, ALL RIGHT.

WE WILL GO AHEAD AND WELCOME

[Call to Order]

I'M BARRY SANDIS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS.

THIS MEETING IS HEREBY CALL TO ORDER AT 6:02 PM 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 0.09 OF THE TEXAS LOCAL GOVERNMENT CODE.

THE CONCURRING VOTE OF SEVEN MEMBERS OF THE BOARD IS NECESSARY TO DECIDE ON ANY IN FAVOR OF ANY APPLICANT ON ANY MATTER ON WHICH THE BOARD HAS JURISDICTION.

ONCE AGAIN, THAT REQUIRES SEVEN OUTTA NINE.

AS YOU CAN SEE, WE HAVE NINE PEOPLE UP HERE TODAY TO GET ANY KIND OF, UH, APPLICANT'S, UH, TO GO WITH A VARIANCE OR ANY KIND OF APPEAL, IT REQUIRES SEVEN.

THIS IS A LITTLE BIT DIFFERENT THAN SIMPLE MAJORITY.

WE REQUIRE SEVEN VOTES.

[00:20:01]

UH, I WANNA MAKE SURE EVERYBODY'S CLEAR ON THAT RIGHT NOW.

I'LL NOW CONDUCT A ROLL CALL OF MEMBERS TO CONFIRM THE PRESENCE OF QUORUM.

NO QUORUM.

AFTER I SAY YOUR NAME, PLEASE SAY HERE JUST LIKE THIS.

HAPPY BIRTHDAY TO YOU, SIR.

THE MINUTES OF THE MEETING OF JULY 17TH, 2023.

DEBBIE EK HERE.

UH, CLAYTON HUTCHINS.

AND A BIG WELCOME TO OUR NEWEST MEMBER, JOSE LAN.

HERE.

WELCOME SIR.

THOSE OF YOU WITH EAGLE EYES WILL RECOGNIZE JOSE WAS ACTUALLY BEFORE THIS BOARD WITH HIS FAMILY PROPERTY SOME MONTHS AGO AND WAS SO EXCITED BY US.

HE JUST WANTED TO JOIN IN AND DO ALL HE COULD TO SERVE ON ZBA, JUST LIKE, JUST LIKE YOU GUYS.

SO HOPEFULLY WE WON'T LET YOU DOWN, SIR, LET THE RECORDS, UH, REFLECT THAT WE DO HAVE MEMBERS PRE NINE MEMBERS PRESENT.

WE HAVE A FULL BOARD, SO WE ARE READY TO PROCEED.

AND NOW, MR. HUTCHINS, UH, IF YOU COULD GIVE THE INVOCATION, PLEASE, SIR.

DEAR GOD, WE THANK YOU FOR THE CITY OF GRAND PRAIRIE.

ASK FOR YOUR BLESSINGS ON IT.

WE THANK YOU FOR THE PEOPLE THAT LIVE IN GRAND PRAIRIE AND ASK FOR YOUR BLESSINGS ON THEM.

WE ASK THAT YOU GUIDE THIS BOARD IN MAKING DECISIONS THAT ARE BEST FOR THE CITY.

AND WE PRAY IN YOUR NAME.

AMEN.

IN AN EFFORT TO MINIMIZE DISRUPTIONS THE FOLLOWING MEETING GUIDELINES WILL APPLY.

STAFF WILL PRESENT FIRST ON ANY ITEM.

APPLICANTS HAVE 30 MINUTES TO PRESENT.

ONCE THE APPLICANT HAS SPOKEN, EACH MEMBER OF THE PUBLIC WHO FILLS OUT A SPEAKER CARD, JUST LIKE THIS, WILL HAVE FIVE MINUTES TO SPEAK WITH ADDITIONAL TIME ALLOWED AT THE DISCRETION OF THE CHAIR.

SPEAKERS SHOULD GIVE THEIR NAME AND ADDRESS FOR THE RECORD RIGHT AT THE VERY TOP.

START WITH YOUR NAME AND YOUR ADDRESS ALONG WITH WHOM YOU REPRESENT.

IF APPLICABLE, STAFF WILL BE AVAILABLE TO RESPOND TO QUESTIONS FOLLOWING PRESENTATION OF EACH ITEM.

AN INDIVIDUAL WHO WOULD LIKE TO SPEAK ON ANY TOPIC NOT LISTED ON THE AGENDA SHOULD SPEAK UNDER THE HEADING OF CITIZEN COMMENTS.

OUR FIRST ACTION ITEM OF THE NIGHT IS THE APPROVAL OF

[APPROVAL OF MINUTES]

ANY MEMBER OF THE BOARD WHO WISHES TO SPEAK ON THOSE MINUTES, ANY WISH MEMBER OF THE PUBLIC WISH TO SPEAK ON THOSE MINUTES? IF NOT, I WILL ACCEPT A MOTION TO APPROVE THE MINUTES OF JULY 17TH, 2023.

MR. CHAIRMAN, I'M MAKING A MOTION.

WE APPROVE THE MINUTES FOR JULY 17TH, 2023.

SECOND.

SECOND, APPROVE ALL YOU KNOW AND OH, MEETING ACTS.

WE'RE GONNA BE REALLY CLEAN ON THIS.

WE CAN'T JUST HAVE A BRIEF HAND, NOT DO THIS RIGHT.

I HAVE A MOTION BY MR. BAK.

A SECOND BY MR. HUTCHINS WAS THE FIRST ONE I HEARD.

ANY DISCUSSION AT THIS POINT? SEEING NONE.

I'LL ASK FOR YOUR VOTE.

ALL THOSE IN FAVOR SAY AYE.

AYE.

ANY OPPOSED? SAME SIGN.

THE MOTION TO APPROVE MINUTES IS APPROVED BY ACCOUNT OF NINE TO ZERO.

AGENDA IS ZBA 2 3 0 6 0 0 4 3.

WHICH TAKES US TO OUR PUBLIC HEARING PORTION OF OUR MEETING DUE TO STATE DUE TO STATE LAW REC RECORDING NOTICE THERE ARE THREE CASES THAT ARE LISTED ON THE AGENDA.

HOWEVER, ONLY ONE CASE WILL BE CONSIDERED BY THE BOARD THIS EVENING.

FIRST CASE ON THE

[2. 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.]

APPLICANT HAS REQUESTED THIS CASE BE TABLED TO THE SEPTEMBER 18TH CBA MEETING CHAIR.

I'LL NOW ENTERTAIN A MOTION TO TABLE CASE NUMBER ZBA 2 3 0 6 0 4 3.

MR. CHAIRMAN, I'LL MAKE A MOTION.

WE TABLE ZBA 23 0 6 0 4 3.

I HAVE A MOTION FROM MR. BAKER AND A SECOND VERY TIMIDLY FROM MR. EPO.

ANY DISCUSSION SAYING NONE.

ALL THOSE IN FAVOR OF TABLING THIS ITEM, PLEASE SAY AYE.

AYE.

ANY OPPOSED? SAME SIGN.

TO THE FINAL CASE ON TONIGHT'S AGENDA.

TABLING BY ACCOUNT OF NINE TO ZERO.

NEXT CASE ON TONIGHT, AGENDA IS EBA

[3. ZBA-23-07-0050 (Council District 6) – Variance to reduce the minimum rear setback for an accessory structure permitted under the Unified Development Code, located at 2923 England Parkway, legally described as Lot 1, Block F, Bella Vista at Mira Lagos, City of Grand Prairie, Tarrant County, Texas, zoned Planned Development District-271-A]

2 3 0 7 0 0 5 OH.

APPLICATION HAS BEEN WITHDRAWN BY THE APPLICANT.

IT'S NO LONGER UP FOR CONSIDERATION BY THIS BOARD, WHICH TAKES US

[4. ZBA-23-07-0052 (Council District 2) – Variances to allow for alternative fencing material and to increase the maximum height for a fence permitted under the Unified Development Code, Zoning Board of Adjustments and Appeals – August 21, 2023 Page 2 of 2 located at 209 Cedar Drive, legally described as Lot 12, Block, 1, Dow Place Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-One Residential District]

ZBA 2 3 0 7 0 0 5 2.

BRITTANY, YOU'RE UP.

THANK YOU, BARRY.

SO AGAIN, THIS IS LOCATED AT 2 0 9 CEDAR DRIVE.

THEY'RE REQUESTING TWO VARIANCES RELATED TO THEIR FENCE.

SO THE FIRST IS A VARIANCE TO THE MATERIALS.

SO AGAIN, I HAVE LISTED UP THERE THE ALLOWED MATERIALS, UH, FOR RESIDENTIAL FENCING.

SO CHAIN LINK, WR IRON RAIL OR PICKET FENCES.

THEY'RE REQUESTING A FENCE MADE OF WOODEN POSTS WITH WELDED WIRE.

ADDITIONALLY, THEY ARE, UM, REQUESTING A VARIANCE AS WELL TO THE FENCE HEIGHT.

WHEN YOU'RE WITHIN THAT FRONT SETBACK, YOU'RE CAPPED AT FOUR FEET.

AND SO THEY ARE REQUESTING A VARIANCE TO SIX FEET.

SO AGAIN, THIS IS JUST THE LANGUAGE THAT ALLOWS US TO GO FOR THE BOARD.

WE HAVEN'T HAD A CASE LIKE THIS, SO JUST WANNA PUT IT UP THERE SO WE MAY GET MORE IN THE FUTURE.

SO THIS IS THE SITE PLAN.

WHAT'S IN BLACK IS THE NEW FENCE THAT WAS PUT UP.

SO THIS IS THE FENCE.

AND THE APPLICANT DID STATE THAT THEY WERE, THEY PUT IT UP TO PROTECT, UM, ANIMALS THEY HAVE.

SO APPARENTLY THEY TRIED TO USE A CHAIN LINK.

HADN'T WORKED.

SO THAT WAS THE REASON FOR THIS FENCE.

SO AGAIN, THIS IS THE VISIBILITY TRIANGLE, WHICH IS RELATED TO A CONDITION I PUT ON THE CASE.

SO YOU CAN SEE HERE, GENERALLY, UM, THEY MEASURE 70 FEET FROM WHERE THAT FENCE IS OR FROM WHERE THE DRIVEWAY IS.

[00:25:01]

AND THEY MAKE THAT ANGLE AND THAT NEEDS TO BE CUT OUT.

SO I DID CONDITION IT.

IF Y'ALL DO APPROVE IT, WE DO ASK THAT Y'ALL RESPECT THE VISIBILITY TRIANGLE JUST FOR SAFETY ISSUES WITH THE ADJOIN, WITH THE ADJACENT NEIGHBOR.

SO AGAIN, THIS IS THE OPPOSITION MAP.

THE SUBJECT PROPERTY IS IN YELLOW.

THE, UM, PARCELS THAT ARE IN RED SENDING IN LETTERS OF OPPOSITION.

AND THAT BLUE IS THE NOTIFICATION AREA.

SO HAVE 15 NOTICES WERE SENT OUT.

ZERO RETURN IN FAVOR FOR RETURN.

OPPOSED.

AND THERE IS NOT AN HOA STAFF CANNOT SUPPORT ZBA.

A 23 0 7 0 0 5 TWOS REQUESTED DUE TO THE FOLLOWING.

UM, FOLLOWING FACT, THEY GOT FACT VARIANCES OF SELF-CREATED HARDSHIP AND THE PROPOSED MATERIALS DO NOT MEET UDC REQUIREMENTS FOR RESIDENTIAL GRADE FENCING MATERIALS.

IF THE BOARD CHOOSES TO GRANT THIS, THIS REQUEST, THEN STAFF DOES RECOMMEND THE FOLLOWING CONDITIONS.

THE APPLICANT SHALL MOVE THE FENCE OUTSIDE OF THE VISIBILITY TRIANGLE, AND AGAIN, THEY'LL HAVE TO MEET, UM, BUILDING CODE.

THAT CONCLUDES STAFF PRESENTATION AVAILABLE FOR ANY QUESTIONS? QUESTIONS TO MY RIGHT.

FROM ANYONE ON THE BOARD? QUESTIONS TO MY LEFT? YES.

MR. INE.

SO BRITTANY, TO UH, MOVE THE FENCE OUT OF THE VISIBILITY ZONE, WOULD IT HAVE TO BE MOVED BACK OFF OF THE PROPERTY LINE IN GENERAL AND YEAH, IT'S LIKE AT AN ANGLE.

CUTS AT AN ANGLE.

SO, UH, I DUNNO IF YOU CAN SEE MY MASK.

SO IT CUTS AT AN ANGLE AWAY FROM THE PROPERTY LINE.

SO THE ONLY, SO IF THEY, IF THEY BROUGHT IT BACK, I DON'T KNOW HOW MANY FEET THAT IS.

SO, AND THAT MEASUREMENT MAY NOT BE CORRECT.

I THINK IT'S, IT IS APPLIED IN DIFFERENT WAYS DEPENDING ON WHAT IT IS.

I'M NOT A TRANSPORTATION PLANNER.

I WISH FRIEND HUSBAND WAS HERE.

UM, BUT THIS WAS JUST TO KIND OF GIVE YOU AN IDEA OF WHAT IT WOULD LOOK LIKE IF YOU CONDITIONED THAT.

SO, AND THEN THE, UH, QUESTION ON THE, UM, UM, WIRE THAT THEY USED MM-HMM .

BECAUSE WITH ANIMALS I CAN UNDERSTAND, YOU KNOW, 'CAUSE THAT THAT TYPE OF WIRE HAS SMALLER SQUARES AND YOU KNOW, THINGS LIKE THAT.

AND IT THEN MAKES IT HARDER FOR AN ANIMAL TO GET OUT.

ACTUALLY LOOKS BETTER THAN CHAIN LINK FENCING.

UM, TO SOME EXTENT.

UM, BUT WOULD CHAIN LINK HAVE BEEN OKAY.

CHAIN LINK WOULD'VE BEEN ALLOWED.

HMM.

INTERESTING.

CHAIN LINK WITH STANDARD RESIDENTIAL METAL POST AND TOP RAIL.

AN APPENDIX V OF THE UDC.

THERE ARE STANDARDS FOR ALL THESE DIFFERENT TYPES OF FENCES.

SO IT WOULD STILL NEED TO MEET THOSE STANDARDS.

BUT A CHAIN LINK FENCE.

'CAUSE THIS IS WHAT WE CALL A NON-REQUIRED RESIDENTIAL FENCE.

SO BECAUSE OF THAT, THERE'S SOME FLEXIBILITY ABOUT, YOU KNOW, WE'RE NOT GONNA MAKE THEM PUT UP SOMETHING THAT YOU WOULD SEE MAYBE IN A SINGLE FAMILY DEVELOPMENT.

YOU KNOW WHAT I MEAN? UM, THERE'S SOME FLEXIBILITY THAT WE HAVE THE ABILITY TO STAFF TO KIND OF ADMINISTRATIVELY APPROVE THOSE TYPE OF MATERIALS.

IF THIS WAS BUILT WITH THE STANDARD METAL CHAIN LINK THINGS AND THEY'RE CONCERNED ABOUT THIS, THIS ALMOST LOOKS LIKE CHICKEN WIRE AND, AND THERE'S BEEN A TIME I'VE PUT THAT UP ON A STANDARD FENCE MM-HMM .

JUST TO KEEP ANYBODY FROM DIGGING AND GETTING AROUND.

MM-HMM .

IF YOU HAD IT, IF YOU BUILT THE CHAIN LINK FENCE AND THEN TIED THIS STUFF TO THE BACK OF IT TO KEEP YOUR CHICKENS FROM RUNNING OFF.

I ACTUALLY DON'T KNOW.

WE'RE NOT GONNA, I MEAN, GIVE YOU A HARD TIME.

YOU PUT SOME EXTRA REINFORCEMENT ON THIS.

ARE YOU? OF COURSE WE ARE ALSO TALKING ABOUT A VARIANCES OF FOUR FEET TO SIX FEET, RIGHT? YEAH.

I AM NOT CERTAIN.

THAT IS SOMETHING I WOULD HAVE TO OKAY.

CIRCLE UP WITH OUR RIGHT NOW.

CHIEF BUILDING OFFICIAL AND, UM, BUILDING OFFICIALS DETERMINATION THAT THIS ISN'T THE APPROPRIATE MATERIALS FOR THE FEDS.

SO WE SPOKE, I SPOKE TO BUILDING INSPECTIONS.

SPOKE WITH SAVANNAH.

UM, STAFF DETERMINED THAT THIS DOES NOT MEET OUR STANDARDS FOR RESIDENTIAL GRADE MATERIALS.

YES, MR. BAKER.

THEY WOULD ALSO, IF, IF THEY PUT SHANE LINK UP, EVEN IF THEY WERE ALLOWED TO PUT IN, SAY AT THE BOTTOM, UH, TO KEEP RABBITS, RACCOONS, WHATEVER THEY PUT CHAIN LINK UP, THEY WOULD STILL HAVE TO HAVE THE SETBACK FOR SITE.

THEY WOULD STILL HAVE TO THE VIS.

SO THE VISIBILITY TRIANGLE IS REQUIRED? YEAH, I, BECAUSE THEY'RE ON THAT PROPERTY, SO WHERE IT IS IS THE PROBLEM ANYWAY, RIGHT? MM-HMM .

SOMETHING'S HAPPENED TO THE FENCE.

YEAH, BECAUSE RIGHT NOW IT'S RIGHT ON THE LINE ALL THE WAY UP.

MM-HMM .

SO WE GOT A COUPLE OF APPEALS ISSUES ON THE SIZE MM-HMM .

AND WHERE IT IS AND ALL THAT AND THE MATERIALS.

ANY OTHER QUESTIONS OF STAFF BEFORE WE GET GOING? I HAVE A COUPLE OF SPEAKER CARDS.

IF NOT, THANK YOU BRITTANY, THE APPLICANT.

RAISE YOUR ZEN.

YOU HERE, SIR? YES.

IF YOU COULD COME DOWN TO THE MICROPHONE, IF YOU'LL START OFF WITH YOUR NAME AND YOUR ADDRESS AND TELL US WHAT WE NEED TO KNOW ABOUT YOUR FENCE.

GOOD AFTERNOON.

CAN YOU HEAR ME OKAY? YEAH.

CAN HEAR YOU JUST FINE.

NOW THAT YOU'RE DOWN HERE.

MY NAME IS REJU RAJA.

UH, I LIVE ON 2 0 9 CEDAR DRIVE.

I'VE MOVED THERE BACK IN SEPTEMBER.

UH, WE HAD A DREAM OF BUYING A PROPERTY WITH SOME ACREAGE, UH, TO RAISE SOME CHICKENS AND GOATS, BUT STILL TRY TO RESIDE IN GRAND PRAIRIE.

UH, I HAVE BEEN A GRAND PRAIRIE RESIDENT SINCE 1985 AND, UH, WENT TO AUSTIN ELEMENTARY AND THEN TO BOWIE HIGH SCHOOL AND GRADUATED, UH, FROM UTA AND THEN WE FINALLY BOUGHT, FOUND A PROPERTY HERE IN GRAND PRAIRIE.

[00:30:01]

WE WERE SO HAPPY.

UH, BUT THEN JUST A FEW DAYS AFTER WE MOVED IN, FIRST COMPLAINT WE GOT WAS ABOUT THE DOG BARKING.

UH, WE GOT THE ANIMAL CONTROL CAME OVER, UH, AND TOLD US TO STOP, HAVE THE STOP DOG STOP BARKING.

AND THEN WE HAD A COMPLAINT ABOUT OUR ROOSTER, AND WE HAD TO GET RID OF OUR ROOSTER.

AND, UH, WE WERE IN THE PROCESS OF TRYING TO GET APPROVAL FOR ROOSTERS IN GRAND PRAIRIE.

UH, THE DAY AFTER I CAME TO CITY HALL, UH, JUNE 5TH, THE NEXT DAY, JUNE 6TH, SOMEBODY CAME AND GAVE ME A VIOLATION NOTICE ABOUT MY FENCE.

AND I WAS SURPRISED.

IS IT CAUSED BY THIS ACTION FOR THE ROOSTER? I WAS KIND OF CONFUSED.

UH, WITHIN THE LAST SIX MONTHS, UH, FROM ANIMAL CONTROL, I'VE HAD FOUR, UH, VIOLATION NOTICES.

SOMEONE, UH, IS OUT TO GET ME, RIGHT? THIS IS A FEELING I GET FROM MOVING TO THIS NEIGHBORHOOD.

I HAVE LIVED IN THE HIGH HAWK NEIGHBORHOOD THE PAST 16 YEARS.

NO PROBLEM.

MY PARENTS LIVED IN THE SHEFFIELD NEIGHBORHOOD OF GRAND PRAIRIE.

NO PROBLEMS. UM, SO I'M HERE TO, UH, HUMBLY REQUEST THAT YOU TAKE A LOOK AT MY POINT OF VIEW, UH, ON THIS MATTER.

SO I WOULD LIKE TO START, UH, WITH THE FIRST NOTE, UH, THE PREAMBLE TO THE UNIFIED CODE OF DEVELOPMENT.

UH, IT IS A 949 PAGE DOCUMENT, UH, WHICH I REVIEWED AND SEARCHED THROUGH FOR THINGS THAT ARE RELATED TO FENCES.

BUT BEFORE I BEGIN, I WOULD JUST LIKE TO READ IT, THE PREAMBLE, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS IS A DOCUMENT THAT IS CONTINUALLY BEING REVIEWED, REVISED, AND UPDATED TO REFLECT THE NEEDS OF THE CITIZENS OF GRAND PRAIRIE.

WE ENCOURAGE YOU TO REVIEW COMMENTS AND PARTICIPATION IN THE PROCESS OF KEEPING IT A CURRENT AND VITAL GUIDELINE FOR THE DEVELOPMENT IN THIS CITY.

UM, PLEASE BRING YOUR ATTENTION, UH, AND I'LL WRITE THESE NOTES DOWN LATER IF YOU NEED SPECIFIC ONES.

ARTICLE EIGHT, SECTION EIGHT POINT 10.

POINT SEVEN 0.1.

UH, I WON'T, UH, BORE YOU WITH THE FULL DETAILS, BUT THERE IS A RULE IF YOU HAVE A, A VISIBLE FENCE, YOU CAN HAVE IT 36 INCHES, UM, ALONG THE FRONT, FRONT PROPERTY LINE.

AND THEN IT SAYS, THIS REQUIREMENT DOES NOT APPLY TO THE FOLLOWING SITUATIONS.

I WANNA CLEARLY READ THOSE FOLLOWING SITUATIONS.

PLEASE.

UH, AGAIN, SECTION 8.7 0.1, SECTION A, WHEN THE FENCE IS ERECTED TO ENCLOSE PROPERTY THAT IS IN ACREAGE AND USED FOR ENCLOSING ANIMALS OR AGRICULTURE.

OKAY, THAT'S THE EXCEPTION THAT I UNDERSTAND.

NO OFFENSE, HOWEVER, SHALL BE ERECTED.

EIGHT FEET.

SO THE NEXT THAT, THAT'S CONCERNING, THE HEIGHT ADJUSTMENT, UH, AS I PETITIONED THE, UH, CITY REQUESTING THE HEIGHT IS I HAVE A LAB AND HE CLIMBS THOSE CHAIN LINK PLANKS, LIKE IT'S NOTHING IN THE BACKYARD.

WE HAVE A FOUR FOOT FENCE.

HE SEES A RABBIT, IT'LL BE RIGHT OVER.

SO I THINK IN THIS SITUATION, NUMBER ONE, WE HAVE TWO ACRES.

NUMBER TWO, UH, WE HAVE ANIMALS.

SO I THINK IN THIS SITUATION, HAVING THAT SIX FOOT FENCE, UH, WITH THE BORDER AND, UH, SOMEBODY MENTIONED CHICKEN WIRE.

CHICKEN WIRE IS NOT WELDED.

IT'S TWISTED.

UH, THIS, UH, WELDED WIRE, UH, IS ACTUALLY VERY DURABLE.

IT'S MADE TO LAST A LIFETIME.

AND UNLIKE CHAIN LINK, IF ONE CHAIN RAVELS, THAT, UH, FENCE IS NO GOOD ON THE BOTTOM.

THESE ARE JUST TWISTED.

SO UNLESS YOU HAVE A BAR TO SUPPORT A RACCOON, UH, POSSUM, WE HAVE SKUNKS IN THE NEIGHBORHOOD.

SO MY NEIGHBOR ACTUALLY WON THAT COMPLAINT ON ME.

HE HAS A FAMILY OF SKUNKS LIVING IN HIS FRONT, FRONT, UH, FRONT YARD.

SO THIS, UH, FENCE I DESIGNED SO THAT I CAN KEEP OUT THE ANIMALS I DON'T WANT AND KEEP IN MY ANIMALS.

AND SO THAT, THAT'S THE PART THAT I WANNA BE CLEAR ON.

THE HEIGHT I, MY UNDERSTANDING FROM THIS, UH, SPECIFIC, UH, SECTION IS THAT I'M ALLOWED EIGHT FOOT BECAUSE IT'S NUMBER ONE ACREAGE.

NUMBER TWO, IT'S PROTECTING MY ANIMALS.

THEN THAT ARTICLE YOU READ WAS OUT AT THE UNIVER FORM DEVELOPMENT CODE.

YES, SIR.

FROM YOUR WEBSITE AGAIN, UH, I READ THE PREAMBLE.

THE, UH, OFFICER MENTIONED SOME OF THE OTHER SECTIONS.

AND THEN, UH,

[00:35:01]

UH, DIDN'T, WHICH WAS NOT INCLUDING THAT STATEMENT.

SO THE, THEN THE NEXT PART I WANT TO CLARIFY AS MY UNDERSTANDING HUMBLY, I KNOW, I KNOW I DON'T DEAL WITH THIS DAY IN, DAY OUT, SO I DON'T KNOW ALL THE DETAILS.

BUT FROM MY SEARCH OF THE DOCUMENT, THIS IS HOW I UNDERSTOOD IT.

THE NUMBER SEC SECOND PART I WANT TO HIGHLIGHT IS SECTION EIGHT TO TEN.SEVEN TWO.

AND IT TALKS ABOUT THE MATERIAL FENCE, UH, THE FENCE OF THE, UH, MATERIAL THAT IT'S COMPOSED OF.

AND THEN THEY TALK ABOUT, UH, I'LL JUST READ IT VERBATIM SO I CAN BE CLEAR.

UH, RESIDENTIAL FENCES SHALL BE COMPOSED OF MATERIALS RECOGNIZED AS STANDARD RESIDENTIAL GRADE FENCING MATERIALS UNLESS APPROVED, UH, UH, OF AN EXCEPTION TO USE, UH, OF AN ALTERNATIVE FENCE MATERIAL HAS BEEN OBTAINED UNDER THE SECTION EIGHT POINT, 11.1, WHICH, UH, THE REPRESENTATIVE MENTIONED.

AND THEN IT GOES ON TO SAY, HOWEVER, IT SAYS HOWEVER, THE MATERIALS USED FOR FENCING SUCH AS CORRUGATED METAL, SHEET METAL OR CORRUGATED FIBERGLASS ARE PROHIBITED.

AND THESE SHALL NOT BE USED IN THE CONSTRUCTION OF A FENCE.

SO I, UH, REQUEST THAT YOU ALLOW THIS WELDED WIRE TO BE USED AS A FENCE MATERIAL.

IT IS NOT IN THE ONES THAT ARE, UH, DEEMED INAPPROPRIATE, UH, SPECIFICALLY SPECIFIED.

AND, UH, ALLOWING ME TO COME TO THE BOARD AND, UH, APPLY MY REQUEST.

AND THEN I JUST WANT TO, UM, JUST HIGHLIGHT WHAT, WHAT IS A WELDED FENCE? WE ALWAYS USUALLY SEE, YOU KNOW, THE CHAIN LINK.

SO ONE GOOD EXAMPLE OF WELDED FENCE THAT IS VERY STRONG IS ON 1 61, YOU'LL SEE 1 61 IS BORDERED BY A WELDED FENCE.

THIS, UH, MAINTAINS THE STRUCTURE.

IT PREVENTS ANIMALS, COYOTES, THINGS LIKE THAT FROM GOING TO THE HIGHWAY.

IT'S A STRONG WELDED FENCE.

MINE IS NOT AS INDUSTRIAL GRADE AS THAT 'CAUSE I'M NOT TRYING TO PREVENT CARS FROM GOING OVER.

MINE IS JUST A, A WELDED FENCE THAT HAS FOUR INCH BY TWO INCH RECTANGLES THAT PREVENTS SMALL RODENTS FROM GETTING IN AND MY CHICKENS FROM GETTING OUT.

LET'S SEE.

AND THEN FOR THE, UM, SHEET THAT WE SAW, CONSIDERING THE VISIBILITY TRIANGLE, MY STREET IS A PRIVATE ROAD ON THE VISIT TRIANGLE.

IT SPECIFICALLY SPECIFIES A PRINCIPLE ARTERIAL AND MINOR ARTERIAL, I BELIEVE ON THIS, UH, NON-CITY MAINTAINED ROAD THAT IS A PRIVATE ROAD.

I SHOULD BE ABLE TO PUT MY FENCE UP TO THE PROPERTY LINE.

AND, UH, THAT'S MY REQUEST.

SO THESE ARE THE THREE POINTS I WANNA MAKE SURE, SURE.

THAT I IDENTIFY.

NUMBER ONE, I BELIEVE I AM BEING HARASSED, UH, AS A NEW MEMBER OF THIS, UH, COMMUNITY.

UH, I'M NOT FAMILIAR WITH THEM.

THEY'RE NOT FAMILIAR WITH ME.

THERE MIGHT BE GROWING PAINS.

AND SO THAT I THINK IS PART OF IT.

I DON'T KNOW HOW THEIR CULTURE IS, SO WE'LL HAVE TO LEARN FROM EACH OTHER.

BUT DIVERSITY BRINGS A BETTER COMMUNITY, I BELIEVE.

AND SO, UH, I WANTED TO MAKE SURE THAT I BUY BY YOUR RULES.

UM, BEING A LONG TERM GRAND PRAIRIE RESIDENT, I WORK IN GRAND PRAIRIE.

UH, I'VE WENT TO SCHOOL HERE.

SO, BUT AT THE SAME TIME, I THINK SOME THINGS, THE WAY I HAVE DESIGNED MY FENCE ARE APPROPRIATE FOR MY SITUATION.

NUMBER ONE, BEING AN ACREAGE.

AND NUMBER TWO, I BELIEVE THIS, UH, WELDED WIRE FENCE, UH, PROVIDES BETTER SECURITY FOR MY LIVESTOCK AS WELL AS MY CHILDREN.

THERE ARE COYOTES ON OUR STREET.

UH, A COUPLE OF YEARS AGO, OUR NEIGHBOR HAD A BOBCAT ACTUALLY GET IN HIS HOUSE.

AND SO, UH, ONE OTHER THING, I'M SORRY I FORGOT, IS, UH, UM, IN APRIL THERE WERE TWO, UH, LOOSE DOGS, UH, THAT MY NEIGHBOR HAD, UH, MAYBE SOME 20 SOMETHING SHEEP.

AND THROUGH THE, UM, CHAINING FENCE, THIS, UH, TWO DOGS, VICIOUS DOGS GOT THROUGH.

AND IN ONE NIGHT KILLED 16 OF THE SHEEP.

UH, ALL 16 WERE DEAD AND WASTED.

UH, AND THESE DOGS CAME BY TO OUR HOUSE THE DAY AFTER.

AND WE ACTUALLY CALLED THE POUND AND THEN THEY WERE RETURNED BACK TO THEIR OWN RESPECTIVE OWNERS.

SO THIS IS LIKE A, A THING THAT ACTUALLY HAPPENED NOT TO LONG AGO, JUST A FEW MONTHS BACK.

SO I THINK, UM, I, I DEFINITELY WANT TO BE ABLE TO PROVIDE A SECURE ENVIRONMENT FOR MY CHILDREN AS WELL AS MY ANIMALS.

SO AGAIN, I THANK YOU FOR YOUR TIME

[00:40:01]

ALL RIGHT, SIR.

WELL, WELL SPOKEN.

AND IF YOU COULD STAND FOR JUST A COUPLE QUESTIONS, I'D APPRECIATE OH, ABSOLUTELY.

IT'S A REAL CHALLENGE HERE.

'CAUSE YOU MAY BE NEW, NEW TO THIS NEIGHBORHOOD, BUT YOU'RE CERTAINLY NOT NEW TO GRAND PRAIRIE JUST LIKE MYSELF.

I MEAN, 25 YEARS AGO I HAD A HOUSE JUST, JUST WEST OF THERE.

UM, WENT TO UTA, JUST LIKE YOU.

BUT, UH, THE CHALLENGE IS THE, THE, THE, FOR ME IS GONNA BE THE TRADE OFF BETWEEN THE, THE DESIRE TO LIVE OUT IN THE COUNTRY ON A BIG FARM AND HAVE A MENAGERIE AND STILL LIVE IN THE CITY LIMITS AND BE A GOOD NEIGHBOR AND HAVE SOME UNIFORMITY TO IT.

AND LIKE IT OR NOT, GRAND PRAIRIE CITY LIMITS.

YOU KNOW, WE'VE EXPANDED A LOT JUST PROBABLY IN THE TIME SINCE YOU WENT TO AUSTIN.

UH, YOU KNOW, HECK THERE, THERE WASN'T A COLIN POWELL OR ANY OF THIS STUFF SCHOOL DOWN THAT, THAT WAY ON.

THAT'S RIGHT.

NONE OF THAT EXISTED.

NOW IT DOES.

AND WE HAD NEED SOME UNIFORMITY, BUT LET'S, UH, OPEN IT UP FOR OUR BOARD TO ASK ANY QUESTIONS WE HAVE.

MR. BAKER, IF I CAN JUST COMMENT ONE COMMENT CERTAINLY ABOUT THE WORD UNIFORMITY.

SO I WOULD LIKE TO PRESENT, UM, SEVERAL OTHER HOUSES ON MY STREET SURE.

UH, REGARDING THEIR UNIFORMITY PART.

SO IF YOU'RE GONNA GIVE US PICTURES, WE CAN PASS IT TO EACH OF THE BOARD MEMBER.

PERFECT.

BUT WE NEED TO KEEP 'EM FOR THE RECORD.

JUST SO YOU KNOW, I HAVE OKAY.

FIGURE NUMBER, UH, ONE ON THIS DOCUMENT.

I'LL JUST EXPLAIN REAL QUICK.

UHHUH , UH, HOUSE NUMBER 2 0 5 ON CEDAR, UH, TO THE, UH, WEST SIDE OF IT HAS A SIX FOOT FENCE THAT IS CHAIN LINK.

AND THIS IS THE FENCE THAT THAT VICIOUS DOG GOT THROUGH.

UH, AND HE KILLED ALL THOSE SHAPE.

THEY DIDN'T EVEN EAT 'EM, THEY JUST KILLED 16 AND SOMEHOW LIKE 10 GOT AWAY.

THE NEXT ONE I'D LIKE TO SHOW IS ANOTHER SIX FOOT FENCE.

UH, I BELIEVE THIS NUMBER IS, UH, 2 0 2.

I COULD BE WRONG.

UH, SORRY.

2 0 5.

AND YOU CAN SEE THE CAR IN THIS PICTURE AND YOU CAN SEE THE HEIGHT.

ALSO.

AGAIN, THESE TWO PROPERTIES HAVE THE FENCE ON THE PROPERTY LINE.

THE NEXT ONE I WANNA SHOW IS, UH, HOUSE NUMBER 1 0 6 ON CEDAR.

IT'S A, UH, HIGHER QUALITY MATERIALS CHAIN, UH, ROT IRON, UH, WITH A FOUR FOOT OR FOUR INCHES CENTERS.

SO IT'S NOT REALLY THAT GOOD FOR WILDLIFE TO NOT GO IN AND OUT, BUT THEY HAVE TWO LARGE, UM, SECURITY DOG, SO THERE'S NOTHING GONNA BE GOING INSIDE THEIR, THEIR PROPERTY.

UH, AND THEN I WOULD LIKE TO SHOW, UH, TWO 13 CEDAR.

THIS HAS THAT CHAIN LINK FENCE THAT'S ACTUALLY FOUR FOOT.

I JUST SHOWED THIS AS AN EXAMPLE BECAUSE IT'S SO SHORT THAT AN ANIMAL LIKE A DOG, LARGE DOG ESPECIALLY, CAN EASILY JUMP OVER.

IT'S, IT'S, IT'S NOTHING BUT JUST A VISUAL BARRIER.

THEN I WANNA SHOW, UH, FIGURE FIVE.

UH, THE HOUSE ADDRESS AGAIN ON THE SAME STREET IS 22 1 CEDAR.

AND THIS IS ACTUALLY A T POST, A METAL T POST, UM, WHICH IS BARBED WIRE.

AND THEY KEEP HORSES USUALLY ON THIS LOT.

AND THEN THIS, UH, FIGURE NUMBER SIX IS JUST THE TPO SHOWING WITH THE BARBED WIRE AND THEN JUST, YOU KNOW, SOME VIEWS OF THAT SAME NEIGHBORHOOD.

SO WE ALL HAVE TWO, TWO ACRES OR MORE ON THE PRIVATE ROAD.

AND SO, YOU KNOW, THAT'S WHY I WANTED TO SHOW SOME PRECEDENCE OF HOW, UH, I WENT ABOUT.

I THOUGHT THIS WOULD BE OKAY.

YOU CAN CERTAINLY INTRODUCE THAT IF YOU'LL START BY HANDING THAT TO MR. HEINE REAL QUICK AND HE'S GONNA PASS IT RIGHT DOWN THE ROAD.

LIKE I SAY, WE WILL ENTER THAT INTO THE CASE FILE FOR YOU AS LONG AS, BUT, BUT THEY GET TO, SOMETIMES FOLKS COME UP HERE WITH PICTURES ON THEIR PHONE OR THEY WANT 'EM BACK.

AND I'M LIKE, WELL, THAT'S GONNA BE A PROBLEM 'CAUSE COMPUTER, NO, YOU GUYS KEEP, I HAVE IT ON MY COMPUTER ON ONBOARD, BUT I APPRECIATE YOU BRINGING STUFF TO INTRODUCE AND IT CERTAINLY WE'LL ILLUSTRATE BETTER THAN YOU JUST TELLING ME THE PICTURES.

I ABSOLUTELY.

GREAT.

MY MIND'S RUNNING AMUCK WITH A, TRYING TO FIGURE OUT WHERE THOSE EXTRA SHEEP THAT DIDN'T GET EATEN AND RAN AWAY TOO.

OH, THEY, THEY, UH, I GUESS THEY DIDN'T RUN.

SO USUALLY WHEN YOU'RE A DOG, RIGHT.

AND IF YOU START RUNNING, THEY'LL COME AFTER YOU.

SO THESE SHEEP WERE SMART ENOUGH TO STAND THEIR GROUND, KIND OF LIKE WHAT I'M DOING TODAY.

I'M NOT GONNA RUN , I'M GONNA STAND MY GROUND BECAUSE I BELIEVE IN MY, MY PROPERTY.

I DID POORLY RAISING GOLDFISH.

I HAVE NO IDEA WHAT YOU GUYS ARE TALKING ABOUT.

MR. BAKER, YOU HAVE A QUESTION? UH, YES.

IF, IF, IF, IF THE WOODEN POST WERE CHANGED OUT TO A METAL POST.

OH, GOOD QUESTION.

THAT'S ACTUALLY WHAT I DID WAS PUT A METAL POST AND THE WOODEN S SLOTT IS JUST FOR DECORATION.

SO IT ACTUALLY T POST UPRIGHT T IT'S IT'S METAL T POST.

YES, SIR.

OKAY, THANK YOU.

BEHIND THE, BEHIND THE SLATS.

YEAH, THOSE ARE JUST FOR DECORATION BECAUSE I KNOW I WOULD LIKE TO HAVE A NICE, AND I'VE BEEN WAITING TO PAINT THIS BECAUSE I WANTED TO MAKE SURE AND GET APPROVAL SO I CAN PAINT IT.

WELL, THERE YOU GO.

MR. HUTCHINS,

[00:45:01]

YOU HAVE SOMETHING HERE.

I, I DO APPRECIATE THE FACT THAT YOU, UM, THANK YOU.

IF YOU, UM, RESEARCHED THE UNIFIED DEVELOPMENT CODE, NOT MANY PEOPLE DO THAT.

HOWEVER, THOSE ARE LEGAL ISSUES AND I WILL TAKE THE LEGAL OPINION OF THE STAFF AND THE CITY ATTORNEY AND UH, AND UH, WE'LL MAKE MY DECISION BASED ON THAT.

THANK YOU FOR THE CLARIFICATION.

YEAH, THEY, I APPRECIATE THE TIME YOU PUT INTO YOUR PRESENTATION AND ALL THIS STUFF AND HOW, I MEAN, EACH OF US IS JUST ONE VOTE, SO I CAN'T CERTAINLY CAN'T SAY HOW IT'S GONNA GO, BUT, UM, HE'S BEING VERY, VERY FAIR ABOUT THAT.

OTHER QUESTIONS ON THIS END? MR. HADIN? BRITTANY, CAN YOU PUT THE PICTURE UP OF THE, UH, THE OVERHEAD? YEAH.

EXCUSE ME.

SORRY, MISS SQUEEZE PASTURE.

SO THE WELDED WIRE DOESN'T GO UP ALL THE WAY, DOES IT? NO, SIR.

IT'S ON THE BOTTOM FOUR FEET.

SO IT'S FOUR FEET.

UM, SO THE, THE TOP PART IS MAINLY JUST DECORATION? NO, NO, IT'S PRE TO PREVENT MY DOG FROM JUMPING OVER AND MY DAUGHTER.

DOES THAT PREVENT YOUR DOG FROM GOING OVER? YEAH, HE THINKS BY WHEN, WHEREVER HE SEES IT.

OH, IT'S, HE THINKS IT'S SOLID.

IT, HE DOESN'T JUMP OVER THAT.

UH, THERE'S LIKE A, I WANNA SAY A 16 INCH SECTION THAT'S OPEN IF, WOULD YOU BE AMENABLE TO MOVING THE FENCE BACK SO IT'S NOT BLOCKING, UM, SIGHT LINES COMING OUT OF DRIVEWAYS? YES, SIR.

SO THAT, THAT PART OF IT, YOU HAVE NO PROBLEM.

NO, I WANNA MAINTAIN THE HEIGHT.

YOU'LL HIT THE TRIANGLE, BUT YOU'D LIKE TO GET A SIX FEET APPROVAL.

NO, I'M TOTALLY NOT OPPOSED TO THE SAFETY.

THE ONLY QUESTION I HAD ABOUT THAT IS THE IMAGE BEFORE ABOUT THE VISIBILITY TRIANGLE WAS TALKING ABOUT PRINCIPLE AND MINOR ARTERIAL, UH, ROADS AND NOT PRIVATE ROADS.

'CAUSE I, I DON'T WANNA CAUSE ANY KIND OF SAFETY ISSUE WITH ANYBODY.

SO IT SEEMS TO ME YOUR COMPROMISE COULD VERY, SINCE YOU MENTIONED THESE ARE DECORATIVE, THE WOODEN PIECES.

OH YES.

YOU'RE COOL WITH, WELL, USING OFFICIAL METAL BUILDING GRADE FOR THE TOP.

THAT'S JUST THE DECORATIVE OF THE WOOD.

YEAH, THAT'S JUST FOR LOOKS.

UH, BUT ALSO I DID MAINTAIN THAT IT IS SIX FOOT, SO A DOG WOULD THINK, OH, IT'S SOLID UP TO SIX FOOT.

OTHER QUESTIONS OF THE APPLICANT, MS. HUBACHEK? THIS, THE PICTURES WE JUST LOOKED AT, ARE THOSE PRESENT TODAY? YES SIR.

SO THESE PICTURES WE JUST LOOKED AT ARE THE PEOPLE, THESE ARE WHAT THESE FENCES LOOK AROUND WHEN I WHEN, IF I WERE TO DRIVE DOWN YOUR ROAD TO GO TO YOUR HOUSE RIGHT NOW? RIGHT NOW, WHEN I LEFT HERE, YES.

I WOULD SEE ALL THOSE FENCES I JUST SAW.

THAT'S CORRECT.

AND THEY'RE ALL AT THE PROPERTY LINE.

THEY DON'T HAVE ANY SETBACKS AND SOME ARE IN BETTER CONDITION THAN OTHERS.

AND THEY'RE THERE RIGHT NOW.

I MEAN, YES, MA'AM.

AND YOU HAVE THE HEAVIER GAUGE WELDED WIRE.

THAT'S CORRECT.

IT'S DESIGNED FOR GOATS, GOATS RUB AGAINST THE, TO SCRATCH THEMSELVES.

THIS WILL NOT BE DESTROYED FOR THAT.

I MEAN, I WILL AGREE.

I I THINK WELDED WIRE LOOKS BETTER THAN CHAIN LINK PERSONALLY.

I MEAN, IF YOU, YOU KNOW, HAVE DRIVEN DOWN A ROAD AND SEEN THE WELDED WIRE, I, I THINK IT LOOKS A LOT BETTER THAN WHAT SHANE LINK DOES.

UM, I THINK IT WOULD LOOK BETTER IF YOU HAD TWO MORE RUNS OF, UH, UH, HORIZONTAL WOOD THAT WOULD MAKE IT LOOK MORE LIKE A, UH, UM, UH, OH, WHAT AM I THINKING? THE FARM, RANCH, THE SLOT.

RIGHT.

THAT'S DEFINITELY DOABLE.

ANY OTHER QUESTIONS FOR THE APPLICANT UP HERE? UH, JOSE, GO AHEAD.

SO, UM, ON THE BOTTOM OF THE FENCE, DO YOU HAVE ANYTHING RUNNING ACROSS? YES.

YOU KNOW, SO THE GRASS IS KIND OF HIDING IT.

BUT IN ORDER TO PROTECT FROM ANIMALS, RUBBING IT, TRYING TO GO UNDER, I HAVE ANOTHER SLAT ON THE BOTTOM AS WELL.

SO, UH, AGAIN, THIS IS LIKE RIGHT NEXT TO A CREEK.

OUR, UH, NEIGHBORS TO THE OTHER SIDE BASICALLY LIVE ON A WOODED CREEK AREA.

AND SO THERE'S ALL KIND OF ANIMALS GOING BACK AND FORTH.

AND, UH, ANOTHER QUESTION I DO HAVE, I KNOW YOU SAID YOU ADDED THE WOOD AS DECORATION, CORRECT? THAT'S RIGHT.

UM, BEHIND THAT YOU HAVE METAL POSTS.

THE, THERE'S A METAL, YOU KNOW, THE GREEN METAL T POST? MM-HMM .

UH, IN ONE OF THOSE OTHER PICTURES WHERE THEY KEEP HORSES, THEY HAVE THE YEAH, SAME LOOK, THE T POST.

AND THEN, UH, FIGURE, I BELIEVE IT'S FIGURE SIX, UH, THOSE POSTS.

DID YOU, YOU KNOW, DRILL LIKE UP HERE, FILL IT WITH CONCRETE? HOW ARE THOSE NO, NO.

THEY'RE DRIVEN INTO THE GROUND.

YEAH, JUST LIKE A FENCING MATERIAL.

THEY'RE DRIVEN INTO THE GROUND.

WITH A, THERE'S A HAMMER THAT YOU DRIVE IT.

I MEAN, OUR FAMILY BUILT THIS POST TOGETHER.

WE GOT SOME QUOTES AND IT WAS LIKE EXORBITANT.

SO MY FAMILY, MY KIDS AND I, MY WIFE AND MY DAD AND MY BROTHER-IN-LAW, WE

[00:50:01]

BUILT THIS TOGETHER.

SO WE, I MEAN, OUR HEART IS IN THIS.

WE WANNA MAKE OUR PROPERTY LOOK NICE.

SO I, I DID MY DUE DILIGENCE IN THE MANUFACTURING OF IT.

ANY OTHER QUESTIONS FOR THE APPLICANT WHILE WE'RE UP HERE? GO AHEAD, MR. IBITDA.

GO AHEAD SIR.

ON UM, THE METAL ROADS, ARE THEY SIX FEET OR ALREADY EIGHT FEET? NO.

SO THEY ARE, UH, SIX FEET.

AND SO WHAT HAPPENS IS ONE AND A HALF FEET GOES UNDER THE GROUND.

SO THEY'RE ABOVE AROUND FIVE FEET.

FIVE FEET.

ANYONE ELSE? THANK YOU, SIR.

I DO APPRECIATE YOU COMING DOWN.

THANK AGAIN, THANK FOR THE OPPORTUNITY.

I APPRECIATE YOUR TIME.

THANKS FOR GIVING ME, UH, SOME TIME.

THANK YOU MR. RAJAN.

ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF THIS CASE? SEEING NONE.

I ONLY HAD THE ONE IN SUPPORT CARD, BUT BEFORE I MOVE ON, ANY ANYONE ELSE IN THE ROOM ON SUPPORT? ALL RIGHT, I DO HAVE ONE CARD IN OPPOSITION, SUE MEINA.

AND IF YOU'LL START AT THE TOP WITH YOUR NAME AND YOUR ADDRESS AND TELL US WHAT WE NEED TO KNOW.

SUE? UH, MY NAME IS SUE SMNA 1 0 2 CEDAR FIRST HOUSE.

UM, LIVED THERE 39 YEARS.

THE NEIGHBORHOOD'S GETTING A LITTLE OLD AND IT TURNS OVER, BUT EVERYBODY HAS KEPT IT WHAT I CALL UP TO CODE WITH A BUILDING PERMIT WITH THOSE FENCING MATERIALS.

SHE'S MENTIONED.

NOW THAT HORSE LOT IS MY, WELL, IT'S NOT MINE NOW IT'S MY SON'S GAVE IT TO.

WE DID IN THE PAST HAVE HORSES.

THERE DO NOT.

NOW.

UM, AS A MATTER OF FACT, MY SON WOULD LIKE TO SELL THOSE TWO LOTS 'CAUSE THERE'S OWNED SINGLE FAMILY ONE.

NOW WHAT HAPPENED TO THE GOATS? I MEAN, THE SHEEP THAT LIVED, THEY GOT IN THE WATER.

THAT IS SEVEN ACRES THAT THEY WERE ON.

THEY GOT IN THE WATER AND GOT AWAY FROM THE DOGS.

THEY, THEY STAYED THERE FOR A WHILE.

BUT ANYWAY, WE DO HAVE MENTS.

WE DO, THE REASON I CAME TO SPEAK WAS I DIDN'T GET A THING IN BY WEDNESDAY BECAUSE I DIDN'T SEE THE NOTICE TILL THURSDAY.

THIS FENCE IS AN EYESORE.

UM, REALLY, REALLY IT IS.

UM, THERE'S NUMEROUS ANIMALS BEHIND IT AND WE HAVE NEIGHBORS THAT HAVE SOME CHICKENS OR ONE HAS A TURKEY.

WE DON'T HAVE HORSES ANYMORE.

WE HAD TWO, AND THAT'S A THREE ACRE LOT THERE.

UM, BUT THIS IS JUST OFFENSIVE.

AND, AND I DON'T THINK HIS NEIGHBORS ARE OUT TO GET HIM.

THAT'S NOT THE KINDA PEOPLE THAT LIVE THERE.

WE ARE A VERY DIVERSE COMMUNITY IF YOU COME OUT AND LOOK.

A LOT OF DIVERSITY OUT THERE.

BUT THANKS FOR LISTENING.

I HOPE YOU WILL DENY THIS.

WELL, WELL THANK YOU MS. MENA.

I APPRECIATE YOU COMING DOWN.

ANY QUESTIONS REAL QUICK BEFORE YOU, BEFORE YOU GO ALL THE WAY BACK UP? ANY QUESTIONS? NOPE, WE'RE GOOD.

JUST HAVE TO CHECK NOW AS IS OUR RULE, IF THERE'S ANYBODY WHO SPEAKS IN OPPOSITION, YOU DO HAVE AN OPPORTUNITY FOR A REBUTTAL.

IF YOU WANT TO COME BACK AND SAY ANYTHING ELSE OR, OR MENTION ANYTHING ELSE.

THANK GOODNESS WE HAVE THE GAP IN THE SEATS RIGHT THERE.

BUT GO AHEAD MR. RAJA.

UH, I JUST WANT TO APPRECIATE THE COMMENT.

UH, SHE HAS BEEN, YOU KNOW, LIVING THERE 39 YEARS.

AND I WOULD UNDERSTAND FOR SOMEBODY LIVING THAT LONG WHEN THERE'S CHANGE, YOU KNOW, SOMEBODY DOES SOMETHING DIFFERENTLY, UH, HER CHAIN LINK FENCE MIGHT BE ATTRACTIVE TO HER, YOU KNOW, AND SHE'S USED TO THAT.

SO WHENEVER SOMEBODY BRINGS IN SOMETHING THAT'S DIFFERENT, THEY MIGHT THINK IT'S AN EYESORE.

UH, I AM OPEN TO VARIATIONS IN THE DESIGN.

IT'S LIKE SOMEBODY MENTIONED ANOTHER SLAT.

I'M OPEN TO MAKE IT LOOK BETTER.

I'M OPEN TO INPUT, RIGHT.

BUT I WOULD LIKE TO KEEP THAT SIX FEET TIGHT.

I LIKE TO HAVE THE VARIANCE FOR THE HEIGHT, YOU KNOW, AND THEN I WOULD LIKE TO KEEP THAT MATERIAL.

AND SO IF IT'S A MATTER OF PUTTING SOME MORE SLATS AND GETTING IT PAINTED, I DEFINITELY WOULD AGREE WITH THAT.

AND, AND YOU DID UNDERSTAND THAT WE ARE NINE AND TO GET ANY VARIANCE APPROVED REQUIRES SEVEN.

YOU GOT THAT RIGHT? YES.

WELL, WE WILL MOVE ON.

YOU HAVE SOMETHING MR. BAKER? SIR? UH, I HAVE A QUESTION.

UM, IF THIS WAS CHANGED OUT INSTEAD OF WOOD, IT WAS USED WITH, UH, WR IRON, UH, BOTH WROUGHT IRON GOING UP AND WR IRON GOING ACROSS, IS THAT SOMETHING YOU'D BE WILLING TO DO? DEFINITELY.

UH, THE ONLY CONCERN I HAVE IS WITH THE ROD IRON,

[00:55:01]

UH, THE SPACING.

SO LONG AS I CAN STILL KEEP THE YEAH, I'M NOT TALKING ABOUT REMOVING YOUR, YOUR WELDED WIRE.

I'M TALKING ABOUT JUST, UH, THE FRAME, THE FRAMEWORK.

I THINK THAT'S KIND WHERE SOME OF THE ISSUE SEEMS TO BE COMING ALONG IS, IS, IS THE LOOKS OF THE WOOD VERSUS SOMETHING, YOU KNOW, LIKE WROUGHT IRON.

SO I THINK THAT'S AN APPROVED MATERIAL AS WELL.

UH, SO IF THAT WENT AWAY AND, AND, AND WE WENT WITH WROUGHT IRON, UH, IF, IF, AND SO THEN, YOU KNOW, WE HAD, YOU HAVE SOUNDS LIKE MOST OF THE FENCES OR A LOT OF THE FENCES ARE OUT THERE WITH, ARE SITTING ON THE LINES.

SO YOU'D BE KINDA LIKE THE REST OF 'EM THAT ARE OUT THERE.

UM, IS, IS, IS THAT SOMETHING THAT'S REASONABLE? YES.

REASONABLE.

I'M OPEN TO THAT.

CHANGING THE WOOD TO A ROD IRON.

I HAVE A QUESTION.

GO AHEAD MR. JACKSON.

SO I HAVE A QUESTION.

SO LET'S JUST SAY YOU WERE TO REMOVE THE WOOD THAT'S UP AND DOWN IN FRONT OF THE T POST.

IF YOU WERE TO REMOVE THAT WOOD, THERE'D BE T POSTS THERE, RIGHT? YES.

IN, IN THE PICTURE, DIDN'T I SEE FENCES ALREADY WITH T POST? THAT'S CORRECT.

SO THEN IT WOULD LOOK JUST LIKE THAT FENCE.

IF YOU REMOVE THAT WOOD RIGHT NOW, ALL THE WOOD, WELL, LET'S SAY YOU REMOVED ALL THE WOOD RIGHT NOW IT WOULD LOOK LIKE T POST, RIGHT? YES, MA'AM.

THE, THE PICTURES THAT ARE ALREADY IN THERE.

I WAS, I WAS, I JUST WANTED TO BE CLEAR.

IT WAS THAT KIND OF A T POST YES MA'AM.

I THOUGHT THERE WAS ONLY ONE KIND OF T POST I JUST WANTED TO ASK.

YEP.

ANYONE ELSE? WE'VE GOT 'EM UP HERE.

NOW'S THE TIME.

THANK YOU SIR.

I APPRECIATE YOU COMING BACK.

YOU'RE WELCOME.

ALRIGHT, ONE LAST TIME MR. BAKER.

GO AHEAD.

UH, I WONDER IF SIR, WHAT'S YOUR NAME? WHAT'S HER NAME? OH, MS. RCNA.

MS. RCNA.

UH, YOU HEARD THE, THE QUESTION AND ANSWER THERE, IF HE WAS TO CHANGE THAT OUT AND PUT WROUGHT IRON UP THERE VERSUS WOOD, WOULD THAT BE A LOT MORE SATISFACTORY? YES, I HAVE A WROUGHT IRON FENCE, BUT I HAVE A CHIHUAHUA SO IT HAS WELDED IRON.

UNDERSTAND, UNDERSTAND.

BUT, BUT IF HE WAS TO DO THAT, SO YOU HAVE THAT SOLUTION TOO.

YOU HAVE A WR IRON FENCE, WOULD I UNDERSTAND THAT? OKAY.

SO IF HE WAS TO CHANGE OUT THE WOOD TO WROUGHT IRON, YOU'D BE HAPPY IF HE MOVED IT BACK A LITTLE BIT? IT'S AS YOU'RE SITTING ON THE, ON THE, THE HORSE LOT DOWN THERE.

IS IT SITTING OUT THE ROAD? NO, IT'S BACK A LITTLE BIT.

I, I'M ASSUMING, AND I CAN'T SPEAK, BUT I'M ASSUMING THE MOTIONS WE GET WILL PROBABLY INVOLVE THAT I GOT TRAFFIC, WHATEVER, BUT, BUT YOU WOULD BE HAPPY IT WAS ROD IRON.

AND HOW ABOUT IF HE JUST REMOVE THE WOOD COMPLETELY IN THE TPO SHOW? WOULD THAT BE OKAY WITH YOU? WELL, IT, IT'S HE YARDING, HE CAN DO WHAT HE WANTS TO.

HE'S GOT, THERE'S ALREADY TPO ON THE STREET.

WOULD THAT LOOK? THEY'RE NOT AS TALL AS THOSE AS THAT.

IT'S SHORTER.

I GOT, AND IT'S NOT BARBED WIRE, IT'S HORSE WIRE.

IT DOESN'T HAVE ANY BARBS.

SO THAT'S, ANY OTHER QUESTIONS MS. MEA NOW? ALRIGHT.

THANK YOU FOR COMING BACK DOWN.

SURE.

I APPRECIATE YOU.

ALL RIGHTY.

UH, I THINK WE'VE, WITH TWO SPEAKER CARDS, WE'VE DONE A GREAT JOB OF GETTING 30 MINUTES OF TESTIMONY OUTSTANDING.

WE NEVER DO THAT IN ZBA.

UM, JOSE IS GONNA GET A BAD IMPRESSION OF US ALREADY.

UM, IS ANYONE ELSE IN THE ROOM WISHING TO SPEAK ON THIS CASE? SEEING NOT I'LL ENTERTAIN A MOTION TO CLOSE PUBLIC HEARING.

YES SIR.

YOU, YEAH.

OH WELL.

QUESTIONS TO STAFF? SURE, GO AHEAD MR. MIKE.

WELL I WONDER WE ABLE THAT IF, IF HE WOULD WAS, IF HE MOVED THAT BACK MM-HMM SOME TO GIVE LINE OF SIGHT AND CHANGE IT OUT TO WR IRON POST AND KEPT THE FENCING, WOULD THAT BE OKAY WITH CITY? I THINK THE ROD IRON, THE WR IRON WOULD, THE WR IRON WOULD OBVIOUSLY BE OUR STANDARDS.

RIGHT.

BUT IF YOU KEPT THE WELDED FENCE, THE STEEL GAUGE, YES.

I MEAN THAT'S SOMETHING I'D HAVE TO PROBABLY CIRCLE WITH STAFF.

SO, UM OKAY.

Y'ALL HAVE THE AUTHORITY.

I GOT IT.

YEAH, I WAS JUST KIND OF PASSING BY.

YEAH, SO I, I THINK THAT IS, THE RAW IRON POST IN PARTICULAR IS MUCH, I THINK MORE AGREEABLE TO STAFF THAN WHAT'S OUT THERE CURRENTLY.

IS KIND OF A SUBSET OF THE OVERALL EIGHT POINT 10.7.

ALRIGHT, THANK YOU.

CAN I ASK TIFFANY A QUESTION? HIS INTERPRETATION OF, UM, ARTICLE EIGHT TEN SEVEN ONE AND SEVEN TWO, WHAT DO YOU GUYS THINK? DID YOU, DID YOU LOOK AT THAT AND LISTEN TO WHAT HE ASKED ABOUT THAT PART OF THE UDC? I HAVE HIM PRINTED, SO, UM, HERE YOU GO.

YEAH, SO THAT, THAT PARTICULAR PORTION, THAT EIGHT POINT 10.71

[01:00:01]

SO EIGHT POINT 10.7 IS THE ONE THAT TALKS ABOUT THAT 36 INCH HEIGHT AT THE FRONT.

THE, THE 0.71 PART TALKS ABOUT THE MAXIMUM HEIGHT OF THE EIGHT FEET AND DIFFERENT STUFF.

AND I DON'T THINK IT'S REALLY APPLICABLE HERE WHERE WE'RE TALKING ABOUT THE HIGH AT THE FRONT OF THE, THE PROPERTY.

AND SO THAT WAS SOMETHING THAT WAS LOOKED AT.

I MEAN, AS I LOOKED AT IT REAL QUICKLY, I'M NOT A LAWYER SO OBVIOUSLY, BUT I LOOKED AT THAT REAL QUICKLY AND IT DOES REFERENCE ACREAGE AND YOU KNOW, SO THAT'S A VERY, UH, NON-DEFINED TERM.

YOU KNOW, ACREAGE IS NOT DEFINED BY WHAT WE MEAN BY ACREAGE.

IS IT HALF AN ACRE? IS IT ONE ACRE? IS IT MORE THAN ONE ACRE? YOU KNOW, I, I DIDN'T SEE THAT AS I WAS LOOKING AT THAT DEFINITION.

I I THINK WE DON'T EVEN NECESSARILY GET INTO THE, WHAT IS THE DEFINITION OF AN ACREAGE BECAUSE WHAT HE IS SEEKING A VARIANCE ON AND WHAT HE'S SEEKING AN EXCEPTION TO AND WHERE THIS FITS DOESN'T EVEN FALL UNDER THAT REQUIREMENT UNDER 8.7 0.1.

IT'S UNDER A MORE GENERAL 8.7 REQUIREMENT THAT DEALS SPECIFICALLY WITH THE FRONT OF THE PROPERTY.

AND SO WHEN YOU LOOK AT THAT EXCEPTION IN SUBSECTION A, IT SAYS THAT IT'S AN EXCEPTION TO THIS REQUIREMENT.

SPEAKING SPECIFICALLY ABOUT THE ONE IN 8.7 0.1, WHICH IS A DIFFERENT REQUIREMENT THAN THE ONE THAT YOU'RE BEING ASKED TO CONSIDER MR. BAKER, YOU HAVE MORE FOR THIS? YES.

I THINK WHAT HE'S LOOKING AT WOULD BE MORE FOR AN AGRICULTURAL DESIGNATION.

AND THIS IS RESIDENTIAL.

IS THAT, AM I CLEAR ON THAT? THEY DO BOTH APPLY IN RESIDENTIAL AREAS.

UM, BUT IT'S MORE DEALING WITH THE SIDE OF THE PROPERTY, AN INTERIOR FENCE HEIGHT.

IT'S NOT DEALING WITH THE FENCE HEIGHT AT THE FRONT OF THE PROPERTY AND ALLOWING SOMEONE TO VARY FROM THAT, THAT VISIBILITY HEIGHT REQUIREMENT AT THE FRONT.

ANY OTHER QUESTIONS TO STAFF? HOW ABOUT TO MY RIGHT? YOU'RE GONNA LET THE LEFT DOMINATE THIS HERE.

THANK YOU TIFFANY.

I DO APPRECIATE YOU SHINING SOME LIGHT ON THAT.

NOW I'LL ENTERTAIN A MOTION TO CLOSE PUBLIC HEARING AND THEN WE CAN HAVE SOME DISCUSSION AND MOTIONS AND ALL KINDS OF FUN STUFF.

ALRIGHT, MR CHAIRMAN, I'LL MAKE A MOTION THAT WE CLOSE EBA 2 3 0 7 0 0 5 2.

AND I WOULD LIKE TO MAKE A MOTION THAT, THAT WE ALLOW, APPROVE, APPROVE THIS WITH SOME VARIANCES TO HIS VARIANCES .

AND THAT IS THAT WE CHANGE IT OUT TO THE METAL, UH, WR IRON POST AND THEN ALLOW TO, WITH THE CITY APPROVAL TO, UH, MOVE IT BACK TO ALLOW FOR A LINE OF SIGHT VISIBILITY WINDOW, THE TRIANGLE, THE TRIANGLE VISIBILITY TRIANGLE.

SO IT'S GONNA HAVE TO BE MOVED BACK THE PRESCRIBED AMOUNT OFF OF THOSE DRIVEWAYS, IS THAT CORRECT? CORRECT.

ANY OTHER PER, PER PER CITY'S RECOMMENDATION.

WHAT ABOUT HEIGHT? AND TO ALLOW IT TO GO FOR THE SIX FOOT HEIGHT.

SO WITH THOSE THREE AMENDMENTS ON THE MOTION, IS EVERYBODY CLEAR WHAT THE MOTION IS? I HAVE A MOTION, DO I HAVE A SECOND? CAN CAN I GET ONE CLARIFICATION ON THAT? YES, YES MA'AM.

WHEN YOU'RE WANTING TO MAKE SURE THAT IT'S COMPLIANCE WITH THE VISIBILITY TRIANGLE, UM, IS THAT JUST COMPLIANCE WITH THE VISIBILITY TRIANGLE? SO HOWEVER THAT MEETS THE STREETS DEPARTMENT'S REQUIREMENTS, WHETHER IT'S FULLY MOVING IT BACK OR, YOU KNOW, MAYBE THEY CAN LEAVE IT AT A CERTAIN POINT, BUT THEN PER YOUR DESIGNATION ON THE DESIGN, THE THE, THE STAFF MADE A PRESENTATION WITH KIND OF A SLANTED LITTLE PIE SHAPE NEAR THE DRIVEWAYS.

YEAH, I I THINK THAT WAS TO DEPICT WHAT THE VISIBILITY TRIANGLE WOULD LOOK LIKE.

THERE ARE MULTIPLE WAYS TO ACCOMPLISH GETTING IT OUT OF THE VISIBILITY TRIANGLE.

AND I JUST WANNA MAKE SURE THAT THE MOTION AS I UNDERSTAND IS THAT YOU JUST WANT COMPLIANCE WITH THE VISIBILITY TRIANGLE.

CORRECT.

AS DETERMINED BY THE BUILDING INSPECTORS, BY THE BUILDING INSPECTION, BECAUSE WE'RE GONNA HAVE TO GO OUT THERE AND TWEAK IT ANYWAY, THIS FENCE ANYWAY AT SOME POINT.

TAKE THE WOOD OFF, DO SOME OTHER STUFF, BUT, UM, YEAH, HE'S GONNA HAVE TO WIND UP MOVING PARTS OF IT ANYWAY, SO YES.

SO I HAVE A MOTION, DO I HAVE A SECOND? SECOND.

I HAVE A MOTION FROM MR. BAKKER AND A SECOND FROM MR. HADDI.

NOW WE OPEN IT UP AS WE SAW IN OUR POWERPOINT PRESENTATION TO DISCUSSION AND ANY DISCUSSION FROM ANY OF THE BOARD MEMBERS BEFORE WE CALL THE VOTE.