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[00:00:04]

WELCOME TO THE STAFF BRIEFING OF THE BOARD OF ADJUSTMENT APPEALS FOR THE MEETING OF DECEMBER 18TH, 2023.

[BRIEFING SESSION - 5:30 PM]

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

THE STAFF BRIEFING IS HEREBY CALLED TO ORDER AT 5:45 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 CASES.

NO ACTION WILL BE TAKEN DURING THIS BRIEFING.

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

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

BARRY SANDIS.

HERE.

DAVID BAKER.

HERE.

ADEEN.

HERE.

DAVID EK.

HERE.

UH, TO TIMOTHY IPO.

YEAH.

ANTHONY LANGSTON.

HERE.

JOSE NIA HERE.

LET THE RECORD REFLECT THAT WE DO HAVE SEVEN MEMBERS PRESENT.

SO WE DO HAVE A QUORUM, SO WE MAY PROCEED.

PLEASE REMEMBER TO TURN ON YOUR MICROPHONE SO THEY CAN HEAR YOU JUST AS LOUDLY AND CLEARLY AS YOU CAN HEAR ME RIGHT NOW AND ENSURE THAT EVERYONE CAN HEAR YOU.

WE'LL START OFF WITH STAFF PRESENTATIONS.

GO AHEAD, ABDUL'S.

THE FIRST STEP.

MORE MEMBERS AND THANK YOU MR. JUROR.

THE FIRST CASE IS FOR 2125 WIND CHIME DRIVE.

YOU ALL MAY HAVE RE UH, REMEMBERED THIS.

THIS CAME BACK IN JULY AND WAS TABLED.

UH, THEY WERE REQUESTING TWO VARIANCES AT THAT TIME.

ONE WAS FOR ACCESSORY STRUCTURE, SQUARE FOOTAGE, WHICH WAS EXCEEDING THE PRIMARY SQUARE FOOTAGE OF THE HOUSE.

AND THE SECOND ONE WAS FOR, UH, A SIDE YARD SETBACK VARIANCE.

OKAY.

SINCE THEN, JUST AN UPDATE.

THEY HAVE COMPLIED, UH, PULLED THE PERMIT AND CONNECTED THE CAR, UH, THE PORT, THE ACCESSORY PORT TO THE HOUSE, AND THAT VARIANCE HAS GONE AWAY.

NOW THEY'RE ONLY REQUESTING A SIDE YARD SETBACK VARIANCE FOR THE ACCESSORY STRUCTURE.

OKAY.

UH, THE U-D-U-D-C SETBACK IS FIVE FEET.

THE INTERNAL SIDE YARD SETBACK, THEY'RE REQUESTING 4.4 FEET.

UH, THIS IS THE SITE PLAN PROVIDED AGAIN, THE COVERED PORCH HAS BEEN CONNECTED TO THE HOUSE NOW, AND THE SQUARE FOOTAGE ON THE ACCESSORY STRUCTURE IS 352 SQUARE FEET.

THIS IS THE IMAGE FROM THE STREET VIEW.

THIS IS THE HOUSE.

THIS IS WHAT THE STRUCTURE LOOKS LIKE.

CURRENTLY, WE HAVE RECEIVED THREE OPPOSITION LETTERS, UH, FOR THIS CASE, UH, AND ONE IN SUPPORT.

AND THE APPLICANT WILL BE HERE TO ANSWER ANY QUESTIONS.

SO 36 NOTICES WERE SENT.

ONE RETURN IN FAVOR, THREE RETURNED OPPOSED, UH, STAFF CANNOT SUPPORT THE VARIANCE BECAUSE THIS IS A SELF-CREATED HARDSHIP.

HOWEVER, IF THE BOARD CHOOSES TO GRANT THE VARIANCE, ANY CONSTRUCTION OR BUILDING ALLOWED BY THIS VARIANCE MUST CONFORM TO THE REQUIREMENTS SET FORTH, UH, BY THE UDC, THEN INTERNATIONAL BUILDING CODE AND THE GRAND PRAIRIE MUNICIPAL CODE OF ORDINANCES.

AND I'D BE HAPPY TO TAKE ANY QUESTIONS.

QUESTIONS.

AM I RIGHT? CAN YOU PUT THE PICTURE BACK UP? SURE.

AND THAT'S NOW CONNECTED.

SO, UH, NO.

SO THE, THE COVERED PORSCHE, WE DON'T HAVE A PICTURE OF THAT, BUT THAT HAS BEEN CONNECTED AND INSPECTED BY THE BUILDING INSPECTIONS DEPARTMENT.

OKAY.

OKAY.

SO THIS IS THE PICTURE JUST FOR THE ACCESSORY STRUCTURE AT HAND AND THE SIDE YARDS.

THAT BACK VARIANCE IS TO THE WEST OF THAT PICTURE.

AND SO THIS IS, SO IT'S ALREADY THEN IT'S ALREADY THERE, RIGHT? YES.

IS IT COMPLETED? IT'S NOT COMPLETE AT THIS TIME.

SO THEY GOT, THEY WERE WORKING ON, THEY GOT STOPPED MM-HMM .

CORRECT.

OKAY.

THEY HAVE BEEN STOPPED SINCE THEY WERE TABLED OR SINCE BEFORE THEY WERE TABLED BACK IN JULY.

OKAY.

YES, SIR.

GO AHEAD, MR. BAKER.

OKAY.

SO THE REASON THEY DON'T SUPPORT IS THE SIZE OR THE HEIGHT OR WHAT IS IT? THIS ISSUE.

SO, UH, ONE LETTER DIDN'T HAVE ANY CONDITIONS OR, UH, DIDN'T STATE ANY REASON.

UH, ONE SAYS THAT NO VARIANCE OR SPECIAL EXCEPTION SHOULD BE GRANTED TO THIS ADDRESS.

UH, THEY DON'T GO ANY FURTHER DETAIL.

AND THE SECOND ONE IS, UH, THAT THEY OPPOSE ANY KIND OF VARIANCE AND OR SPECIAL EXEMPTION TO APPEASE THE OWNER, UH, AT 2125.

BECAUSE EVERYONE ELSE IN THE NEIGHBORHOOD ARE FOLLOWING THE RULES AND THEY'RE NOT.

THAT'S WHAT MY QUESTION IS, IS WHAT IS THE CITY'S NON-ACCEPTANCE OF IT? IS IT SIZE OR THE HEIGHT? I MEAN, WHAT IS IT THAT'S NOT CURRENTLY THEY'RE MEETING THE SIZE REQUIREMENT.

THEY'RE MEETING THE HEIGHT REQUIREMENT.

THE ONLY THING THAT THEY'RE NOT MEETING IS THE SIDE YARD SETBACK REQUIREMENT, WHICH IS THE UNBUILDABLE AREA.

AND THEY'RE 0.6 FEET ENCROACHING THAT SIDE YARD SETBACK.

OKAY.

SO ALL WE'RE TALKING IS 0.6 INCHES, 0.6 FEET OR EIGHT INCHES IS WHAT WE'RE TALKING ABOUT.

OKAY.

INCHES OFF.

IT'S EIGHT INCHES.

EIGHT INCHES TOO FAR TO THE FENCE.

EIGHT, EIGHT INCHES.

SO THOSE LETTERS ARE OPPOSED OF LETTING HIM GO EIGHT INCHES, RIGHT? IS THAT WHAT THAT IS? OKAY.

NO, NO, NO.

THOSE ARE THE LETTERS THAT ARE STATING THAT THEY CAN, THAT THEY DON'T WANT ANY SPECIAL EXEMPTION.

RIGHT.

THAT'S A, THAT'D BE A SPECIAL EXEMPTION TO GIVE YOU EIGHT INCHES, RIGHT? CORRECT.

OKAY.

RIGHT.

THANK YOU.

SO, SO THE CITY CANNOT SUPPORT BECAUSE IT IS SELF-CREATED.

[00:05:01]

HAD THEY BUILT THIS THING EIGHT INCHES, EIGHT INCHES TO THE RIGHT, WE'D NEVER HEARD IT.

CORRECT? IT'S THE RIGHT SIZE, IT'S THE RIGHT HEIGHT.

EVERYTHING ELSE.

YEAH.

BUT IF WE LOOK AT THE PICTURE, WE SEE CONCRETE'S POURED ON IT.

IT'S, IT'S, IT'S PRETTY MUCH WHERE WE ARE.

SO WE CAN EITHER GIVE THEM THE EIGHT INCHES AND MAKE THEM FOLLOW THE REST OF THE CONSTRUCTION STANDARDS OR NOT.

SOUNDS LIKE SOME NEIGHBORS JUST DON'T WANNA SEE ANYBODY GET ANYTHING, BUT, OKAY.

MR. ABDO, I THINK YOU HAD A QUESTION.

YES, SIR.

COULD YOU PLEASE SHOW US THE PICTURE? I WOULD LIKE TO SEE THE THREE OPPOSED.

HOW CLOSE ARE THEY? THE CIRCLE? YES.

SO THE, THE RED MARKINGS OR HIGHLIGHTS, THOSE ARE THE OPPOSITIONS AND THE GREEN ONE WAS IN SUPPORT.

OKAY, THANK YOU.

YES, SIR.

SO THE NEIGHBOR RIGHT ACROSS THE STREET'S OKAY.

WITH JUST DOWN THE STREET, A COUPLE OF 'EM.

BUT THAT'S A 300 FOOT RADIUS.

THAT IS A 300 FOOT BUFFER.

YES.

GOT IT.

ALRIGHT.

AND THIS IS THE STREET VIEW, SO YOU WON'T BE ABLE TO SEE THE, SO THE, THE OBJECTION IS WHETHER WHAT THEY'RE ASKING FOR SIMPLE TERMS IS FROM FIVE FEET TO FOUR.

FOUR.

FOUR, FOUR.

CORRECT.

SO IT'S EIGHT INCHES.

MM-HMM .

AND IF WE APP, IF THIS BOARD GET VOTES, BUT WE GOT SEVEN, HE'S GONNA NEED ALL SEVEN TO GET ANYTHING, ANY VARIANCE APPROVED.

OKAY.

ANY OTHER QUESTIONS FROM THE BOARD ON THIS PARTICULAR ONE? OR WE CAN MOVE ON TO THE BRIEFING, THE SECOND CASE.

THANK YOU VERY MUCH.

THANK YOU.

GOOD EVENING BOARD MEMBERS.

ALL RIGHT.

THIS IS AGENDA ITEM NUMBER THREE, ZBA 23 11 0 0 7 2.

THIS IS A VARIANCE REQUEST FOR PRIMARY STRUCTURE.

THESE NEXT TWO CASES, YOU'LL RECOGNIZE THEM FROM LAST MONTH.

UM, SO THIS IS LOCATED AT 6 0 9 SOUTHWEST 14TH STREET.

UM, SO THEY WERE APPROVED LAST MONTH GOING THROUGH KINDA THE PROCESS TO REALIZE THEY NEEDED AN ADDITIONAL F UH, THIS ONE I BELIEVE IS AN ADDITIONAL FOOT, UM, AS THEY'RE, UH, PLANNING OUT BUILDING A HOUSE AT THIS LOT.

SO THE UDC SETBACK IS SIX FEET.

WHAT WAS AUTHORIZED LAST MONTH WAS FIVE FEET.

AND THEY'RE COMING BACK FOR A FOUR FOOT, FOUR FEET NOW.

SO THIS IS THE SITE PLAN , THIS IS THE SITE PLAN.

THEY'RE BE BACK FOR THREE FEET.

NEXT SPOT.

I THINK THIS IS IT.

THAT SOUNDS LIKE I'M THE SUN.

SO THIS IS THEIR PROPOSED PLA.

SO THEY DO HAVE TO COME THROUGH AND, AND GET SOME VARIANCES SO THEY CAN GET THIS PLATTED.

BUT THIS IS THE PROPOSED PLAT.

UM, AND ASSUMING IT GETS APPROVED TONIGHT, THEY'RE GONNA MOVE FORWARD WITH THAT.

THESE ARE THE FOUR PLANS THAT WERE SUBMITTED.

THE ELEVATIONS, THIS SHOULD ALL LOOK FAMILIAR FROM LAST MONTH.

THIS IS A PHOTO OF THE SUBJECT PROPERTY, 27 NOTICE PERCENT, ZERO RETURN IN FAVOR, ZERO POST.

AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT.

THIS IS ONE OF THOSE FEW CASES WHERE THERE IS ACTUALLY A TRUE HARDSHIP HERE.

SO TO NOT OBJECT TO THIS REQUEST, I'M AVAILABLE FOR ANY QUESTIONS.

QUESTIONS.

AM I RIGHT MR. EPO? GO AHEAD.

YES.

WHY WAS THE, UH, EXEMPTION SOUGHT? WHY WERE THEY GRADUATED ONE FOOT AT A TIME, ANOTHER ONE FOOT.

SO IT WAS JUST A MATTER OF THEY WERE WORKING THROUGH THEIR BUILDING PLANS AND THEN THEY REALIZED, HEY, YOU KNOW WHAT WE SENT YOU.

ACTUALLY WE'VE UPDATED IT SINCE THEN.

UM, SO ORIGINALLY THEY THOUGHT THEY COULD MAKE IT WORK WITH THE FIVE FEET.

THEY'VE SINCE UPDATED THEIR BUILDING PLANS FOR THE HOME.

JUST AS A REFRESHER.

THIS IS THE ONE WHERE THE HOUSE OF THE NORTH BACK IN THE FIFTIES BUILT THEIR HOUSE OVER THE LOT LINE.

WOW.

UM, AND SO BECAUSE IT WAS NEVER CONTESTED, THEY ESSENTIALLY AREN'T GOING TO BE FORCED TO MOVE THAT HOUSE.

SO THE HOMEOWNER OF THE SUBJECT PROPERTY IS NOW WANTING TO COME IN AND BUILD A HOUSE, BUT THEY'RE SEEKING VARIANCES BECAUSE THE LOT OBVIOUSLY WAS, WAS REDUCED BY THAT ENCROACHMENT.

OH YEAH.

THAT'S THE ONE THAT TOOK 75 YEARS AND NOBODY NOTICED.

OKAY.

THAT WE ARE UP OVER THE LINE.

I REMEMBER QUESTIONS MY LEFT ON THIS ONE.

AND THE STAFF DOESN'T OBJECT.

STAFF DOESN'T NOT OBJECT.

ALL RIGHT, MOVING ON TO THE NEXT CASE.

THIS CASE WAS ALSO FROM LAST MONTH.

SIMILAR, SIMILAR, UH, CIRCUMSTANCES.

SO THIS IS A NOTE ITEM NUMBER FOUR, ZBA 23 11 0 0 7 3.

THIS IS A VARIANCE REQUEST FOR 2 2 5 NORTHWEST 16TH STREET.

UM, SO THE SETBACK FOR MINIMUM SIDE YARD ON STREET IS IN THE UDC 15 FEET.

THEY WERE AUTHORIZED FIVE FEET.

THE REQUESTED SETBACK IS NOW THREE FEET.

WE'VE GOT THE SITE PLAN HERE.

YOU CAN SEE THIS GARAGE RIGHT HERE IS ONLY HAVE A THREE FOOT SETBACK.

UM, AND SO BECAUSE THIS IS AN UNAPPROVED ALLEY, THEY CAN'T DO THEIR DRIVEWAY FROM THE BACK.

THEY DO HAVE TO DO IT FROM FORT WORTH STREET.

UM, TRANSPORTATION WOULD NOT FEEL COMFORTABLE WITH THEM GOING FROM OVER HERE BECAUSE IT'S RIGHT ON THAT CORNER, THE INTERSECTION.

UM, BUT OBVIOUSLY TO PUT A GARAGE HERE, THEY NEED A PRETTY SIGNIFICANT SETBACK VARIANCE.

UM, BUT AGAIN, THIS IS ONE OF THOSE INSTANCES.

IT'S A TRUE HARDSHIP.

IF THESE SETBACK VARIANCES AREN'T GRANTED, THE LOT ISN'T REALLY DEVELOPABLE 'CAUSE WE DO REQUIRE GARAGES.

THIS IS THE SUBJECT PROPERTY, 45 NOTICES WERE SENT.

ZERO.

RETURN IN FAVOR, ZERO RETURN TO POST.

AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT TO THIS AS REQUESTED IS AVAILABLE FOR ANY QUESTIONS.

QUESTIONS TO MY RIGHT.

QUESTIONS TO MY LEFT ON THIS ONE.

ALRIGHT, EASY ENOUGH.

EASY ENOUGH.

THANK YOU.

WHICH GETS US IN AND OUTTA BRIEFING STILL WITH SIX BONUS MINUTES AGO.

THIS WILL CONCLUDE OUR STAFF BRIEFING.

WE WILL ADJOURN.

YOU CAN TAKE A COMFORT BREAK.

BE BACK HERE IN SIX MINUTES FOR THE BIG SHOW.

WELCOME TO THE

[Call to Order]

CITY OF GRAND PRIX

[00:10:01]

ZONING BOARD OF ADJUSTMENT APPEALS MEETING.

DECEMBER 18TH, 2023.

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

THIS MEETING'S HEREBY CALL TO ORDER AT 6:00 PM THE ZONING BOARD OF ADJUSTMENT USUALLY MEETS THE THIRD MONDAY OF EACH MONTH.

ALL MEETINGS ARE VIDEO RECORDED.

NO OFFICIAL ELECTION MAY BE TAKEN UNTIL PROPER APPLICATION HAS BEEN SUBMITTED THROUGH THE PLANNING DEPARTMENT.

ZONING BOARD OF ADJUSTMENT IS APPOINTED BY THE CITY COUNCIL TO CONSIDER A VARIANCES, EXCEPTIONS AND APPEALS AS PERSCRIBED BY THE CITY OF GRAND PRAIRIE.

UNIFIED DEVELOPMENT CODE 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 MEMBERS OF THE BOARD IS NECESSARY TO DECIDE IN FAVOR OF ANY APPLICANT, WHICH HAS A MATTER BEFORE THE BOARD'S JURISDICTION.

AS YOU MAY NOTICE, THERE ARE SEVEN OF US UP HERE.

SO YOU NEED SEVEN VOTES TO GET THE VARIANCE APPROVED.

MEMBERS OF THE PUBLIC MAY ADDRESS THE BOARD ON THE ITEMS, UH, LISTED ON THE AGENDA UNDER PUBLIC HEARING.

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

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

BARRY SANDERS.

HERE.

DAVID BAKER HERE.

UH, ERIC ADEEN.

HERE.

DEBBIE EK.

HERE TIMOTHY DUPO.

HERE.

ANTHONY LANGSTON.

HERE.

JOSE EZ.

HERE, LET THE RECORD SHOW.

WE DO HAVE SEVEN MEMBERS PRESENT.

SO WE DO HAVE A QUORUM AND WE CAN PROCEED.

AT THIS POINT I'LL ASK DAVID BAKER TO DO THE INVOCATION DEARLY.

FATHER, WE COME TO YOU TONIGHT SO GRACIOUS ABOUT YOUR SON SIN FOR US AND THAT WE REMEMBER THIS TIME OF YEAR.

LORD, THANK YOU FOR THE SEASON LORD.

AND HELP US TO BE GRACEFUL FOR THIS TIME OF YEAR AND JUST BE GENEROUS TO THE PEOPLE THAT HAVE COME TO US TONIGHT, THIS GREAT CITY OF GRAND PRAIRIE AND THAT UH, WE ARE FAIR AND HONEST WITH THE CITIZENS.

WE ASK THINGS IN 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 CARD WILL HAVE FIVE MINUTES TO SPEAK WITH ADDITIONAL TIME ALLOWED AT THE DISCRETION OF THE CHAIRMAN.

SPEAKER SHOULD GIVE THEIR NAME AND ADDRESS FOR THE RECORD ALONG WITH WHOM YOU REPRESENT.

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

AN INDIVIDUAL WHO WOULD LIKE TO SPEAK ON A TOPIC NOT LISTED ON THE AGENDA SHOULD SPEAK UNDER THE HEADING OF CITIZEN'S COMMENTS SAYING THAT WE DON'T HAVE A FULL ROOM.

I'M NOT WORRIED ABOUT THAT.

OUR FIRST ACTION

[APPROVAL OF MINUTES]

ITEM OF THE NIGHT IS APPROVAL OF THE MINUTES OF THE MEETING OF NOVEMBER 20TH, 2023.

IS THERE ANY MEMBER OF THE BOARD WHO WISHES TO SPEAK ON THESE MINUTES? IS THERE ANY MEMBER OF THE PUBLIC WHO WISHES TO SPEAK ON THIS MINUTES? IF NOT, I'LL ENTERTAIN A MOTION.

MR. CHAIRMAN, I'LL MAKE A MOTION.

WE ACCEPT THE MINUTES FROM MINUTES MINUTE FROM THE MEETING.

SECOND.

I HAVE A MOTION FROM MR. BAKER.

A SECOND FROM MR. LANGSTON.

ANY DISCUSSION? ALL IN FAVOR RAISE YOUR HAND.

AYE.

AYE.

ANY OPPOSED? SAME SIGN.

THE MINUTES ARE APPROVED.

SEVEN TO ZERO.

THAT MOTION PASSES TAKES US TO OUR PUBLIC HEARING PORTION AND THE CASES ARE LISTED ON THE AGENDA.

I BELIEVE WE HAVE THREE CASES.

IS THAT CORRECT? I DO.

IF YOU'LL COME ON DOWN, START US OFF WITH THE FIRST

[2. ZBA-23-06-0043 (Council District 3) – Variance to reduce the minimum side setback 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.]

ONE.

THE FIRST UH, CASE IS LOCATED ON 2125 WIND CHIME DRIVE.

UH, THIS CASE AGAIN FOR YOUR UH, MEMORY WAS TABLED BACK IN JULY, UH, OF THIS YEAR.

AND THE ONLY VARIANCE AT THIS TIME IS THE SIDE YARD SETBACK VARIANCE.

THE ACCESSORY STRUCTURE, UH, SQUARE FOOTAGE HAS BEEN REMOVED.

SO THE UDC SETBACK FOR THE INTERNAL SIDE YARD SETBACK IS FIVE FEET.

THE APPLICANT'S REQUESTING 4.4 FEET FOR THEIR ACCESSORY STRUCTURE.

THIS IS THE SIDE PLAN.

UH, THE STRUCTURE IS 352 SQUARE FEET FEED.

THIS IS THE IMAGE FROM THE STREET VIEW AND THIS IS THE STRUCTURE ITSELF.

WE HAVE RECEIVED, UH, THREE LETTERS IN OPPOSITION AND ONE IN FAVOR.

THE APPLICANT, UH, IS HERE TO ANSWER ANY QUESTIONS IF THE BOARD HAS ANY.

UH, AND STAFF CANNOT SUPPORT THE VARIANCE DUE TO THIS BEING A SELF-CREATED HARDSHIP.

BUT IF THE BOARD CHOOSES TO GRANT THE APPLICANT THE VARIANCE, THERE ARE, UH, CONDITIONS, ANY CONSTRUCTION OR BUILDING ALLOWED BY THIS VARIANCE MUST CONFORM TO THE REQUIREMENTS THAT BIO UDC, THE INTERNATIONAL BUILDING CODE AND THE GRAND PRAIRIE CODE OF UH, ORDINANCES.

OKAY.

THIS CONCLUDES STAFF'S PRESENTATION.

IF YOU HAVE ANY QUESTIONS FOR ME, QUESTIONS OF STAFF TO MY RIGHT.

QUESTIONS OF STAFF TO MY LEFT? I DON'T BELIEVE SO.

THANK YOU VERY MUCH.

THANK YOU.

BU UH, I HAVE ONE SPEAKER CARD FOR MIGUEL CARDENAS WHO SAYS HE IS HERE IF NEEDED TO SPEAK, BUT I BET YOU WITH THE OPPOSITION LETTERS, WHY DON'T YOU COME ON DOWN.

BET YOU SOMEBODY'S GOT A QUESTION FOR YOU.

JUST YOU CAME ALL THE WAY DOWN HERE.

WE APPRECIATE SEEING YOUR SMILING FACE.

START WITH YOUR NAME AND YOUR ADDRESS AND THEN TELL US WHAT WE NEED TO TO KNOW.

UM, SO MY NAME, UH, MIGUEL .

ADDRESS IS 2125 WIND CHIME DRIVE.

UM, WHAT DO YOU NEED TO KNOW

[00:15:01]

ABOUT THE OPPOSITION RIGHT BEFORE THE SLAB? EIGHT INCHES TOO CLOSE TO THE FENCE.

OH, OKAY.

WELL WE STARTED OFF BUILDING, UM, HONESTLY WITHOUT PERMITS.

UM, WE JUST, I DON'T KNOW.

I GUESS JUST IGNORANCE.

WE JUST KIND OF STARTED DOING IT.

UM, AND THEN OF COURSE THE CITY STOPPED DOWN BY .

UM, AND WE THOUGHT IT WAS ALL, YEAH.

NOT THE BEST IDEA.

WE THOUGHT IT WAS ALL, YOU KNOW, SOMETHING WE COULD EASILY TAKE CARE OF.

UM, AND WE JUST CAME TO FIND OUT THAT WE'RE A LITTLE BIT TOO CLOSE ON THAT LEFT HAND SIDE.

SO IF THIS BOARD NOT JUST ONE VOTE, BUT IF THIS BOARD CAN'T GRANT YOU THIS VARIANCE OF EIGHT INCHES YEAH, YOU PRETTY MUCH GOTTA TEAR THAT THING DOWN.

IS THAT YEAH.

HOW BIG OF AN EXPENSE AND A CHALLENGE IS THAT TO MOVE THIS THING? EIGHT INCHES? UM, I NEED TO LOOK INTO IT.

I IMAGINE.

AND I DON'T KNOW IF IT'S ALLOWED 'CAUSE WELL, I MEAN WE OBVIOUSLY THOUGHT ABOUT THAT WHENEVER WE FOUND OUT WE HAD THAT ISSUE.

MOVE YOUR, YOUR BEAMS OVER.

WELL CUT THE, CUT THE SLAB ON THE LEFT, ADD IT TO THE RIGHT.

UM, I, BUT AGAIN, I DON'T KNOW IF THAT SOMETHING LIKE THAT IS ALLOWED AS FAR AS LIKE CODE OR ANYTHING LIKE THAT.

AGAIN, I'D HAVE TO LOOK INTO THAT.

UM, AND THEN OF COURSE THE FRAMING, I GUESS SALVAGE WHAT WE CAN.

ALRIGHT.

YEAH.

AND, AND RESTRUCTURE IT.

UM, YEAH.

SO IT'S YOUR HOPE THAT THIS BOARD, AS I MENTIONED, YOU GOTTA HAVE SEVEN, SIX DOESN'T GET YOU THERE.

FIVE DOESN'T GET YOU THERE.

YEAH.

SO YOU GOTTA HAVE ALL SEVEN OF US RIGHT.

VOTE TO GIVE YOU A VARIANCE.

IF WE WERE TO GIVE YOU THE VARIANCE, IF NOT, THEN YOU'RE PROBABLY LOOKING AT ONE OF THE OTHER REMEDIES.

SO YEAH.

YOU CREATED THIS, RIGHT? WE CREATED IT.

YOU KNOW THAT.

OKAY.

YEAH.

UH, ANY QUESTIONS FOR THE APPLICANT, MR. BAKER? WELL NOW YOU'VE ONLY GOT SEVEN HERE TONIGHT.

YOU REALIZE YOU'VE GOTTA HAVE SEVEN TO GET TO YOUR POINT, CORRECT? YES SIR.

NOW YOU CAN'T ACTUALLY REQUEST TO, TO POSTPONE THIS FOR ANOTHER NIGHT.

OKAY.

OR WHEN YOU, I MEAN WE'VE ONLY GOT SEVEN.

YOU CAN'T POSTPONE THIS FOR ANOTHER NIGHT IF YOU REQUEST IT AND ANOTHER NIGHT WE TYPICALLY HAVE EIGHT OR NINE.

AND SO IF YOU WANNA REQUEST IT FOR THE NIGHT, 'CAUSE IF YOU DO NOT GET A FULL SEVEN, THEN YOU'RE WAITING FOR AN EXTENDED PERIOD OF TIME BEFORE YOU CAN BRING THIS BACK TO THE BOARD.

OKAY.

JUST LETTING YOU KNOW THAT IS YOUR OPTION.

YEAH.

OKAY.

OKAY.

UM, DEPENDING ON HOW IT GOES.

ALRIGHT.

YES SIR.

I JUST WANNA BRING THAT TO YOUR ATTENTION.

OKAY? OKAY.

UM, AND, AND I UNDERSTAND YOU, YOU DIDN'T FOLLOW THE RULES TO START WITH.

RIGHT? AND UH, WE ONLY, WE'RE ONLY TALKING EIGHT INCHES.

I GET IT.

BUT IT IS WHAT IT IS.

ALRIGHT? YEAH.

OKAY.

THANK YOU.

JUST, JUST WANNA BE COMPLETELY FAIR AT THIS POINT BEFORE WE CLOSE THE PUBLIC HEARING.

AND IF, IF YOU REQUEST TO TABLE OUT TO JANUARY, WE CAN DO THAT AND THEN YOU CAN COME BACK.

OTHERWISE WE TURN IT DOWN.

IT DOESN'T MATERIALLY CHANGE OR YOU'RE, YOU'RE CHOPPING UP CONCRETE MOVING, MOVING PIECE.

MOVING IT OVER.

YEAH.

YOU GOT AN I THE OPTION THE FIXES EITHER WAY WITH, WITH WHAT YOU'RE DOING, BUT HE'S TRYING TO LET YOU KNOW THAT THAT'S AN OFFENSE.

IF YOU THINK THAT IT'S POSSIBLE YOU DON'T GET SEVEN.

YEAH.

ONCE WE VOTE SEVEN.

IF YOU DON'T GET YOUR SEVEN, THEN IT'S DONE.

RIGHT.

OKAY.

QUESTIONS OVER HERE MR. ADE? YEAH.

UM, SO YOU HAVE THREE PEOPLE THAT ARE IN OPPOSITION.

DO YOU KNOW WHY THEY'RE IN OPPOSITION? ? I DON'T KNOW.

I'LL BE HONEST.

UH, YOU HAVEN'T TALKED TO THEM, YOU HAVEN'T TALKED TO YOUR NEIGHBORS ABOUT IT? NO.

THEY'RE A DIFFERENT ETHNICITY.

UM, SO THE ONES ON THE, I GUESS WE WERE LOOKING IN OUR HOUSE, IT WOULD BE THE, UH, SHOOT, IF YOU'RE LOOKING AT OUR HOUSE, IT'S THE WEST.

MM-HMM .

UM, LIKE I SAID, THEY'RE A DIFFERENT ETHNICITY.

I'VE NEVER SPOKEN TO 'EM, YOU KNOW, THEY CAN'T EVEN SEE OUR FRONT DOOR.

CAN YOU SEE THIS STRUCTURE FROM THE STREET? NO.

NO.

SO THEN THE PICTURE, YOU COULD, YOU KNOW, OUR OUR OUR HOUSE IS, UH, NOT UP ON A HILL, BUT IT'S, IT'S, IT'S ELEVATED, RIGHT? MM-HMM .

AND SO THE STRUCTURE IS SHORTER THAN THE HOUSE.

SO WITH THE PERSPECTIVE FROM THE ROAD AND REALLY JUST ABOUT ANY OF OUR NEIGHBOR'S HOUSES.

AND YOU HAVE A GREEN BELT BEHIND YOU OR SOMETHING, RIGHT? OR OR HOUSE? THERE'S A, THERE'S A, UH, ARE THERE HOUSES BEHIND YOU? NO.

NO.

THERE'S A, UH, YEAH.

WOODS.

WOODS.

YEAH.

AND THEN THERE'S BELTWAY 1382.

MS. , YOU GOT A QUESTION? IS IT, IS IT EIGHT INCHES OR SIX INCHES THAT HE'S REQUESTING? UM, FOUR.

FOUR.

IT WOULD BE EIGHT INCHES.

YEAH.

EIGHT INCHES.

OKAY.

EIGHT INCHES.

YEAH.

OKAY.

THE THING, YEAH, I, THE, THE, THE PEOPLE THAT HAVE SAID OR THEY'RE IN THE RED, THAT'S WEIRD.

I MEAN THAT'S, YEAH.

KIND OF DIFFERENT.

I MEAN USUALLY THEY HAVE A REASON.

YEAH.

OTHER THAN DON'T GIVE HIM ANY VARIANCES BECAUSE HE SHOULD GO ABOUT THERE.

I MEAN I NEVER HEARD OF THAT BEFORE.

BUT ANYWAY.

YEAH.

SO, UM, DON'T ANYTHING BURIED.

SO, BUT YOU CAN'T SEE IT FROM THE STREET? NO.

YOU ONLY NEED EIGHT INCHES.

YOU'RE THE EIGHT INCH CLOSE FENCES.

OKAY.

OKAY.

BUT I THOUGHT THAT WAS KIND OF WEIRD COMMENTS.

BUT THE PEOPLE ACROSS THE STREET ARE OKAY WITH IT.

YEAH.

EVERYBODY WHO WE'VE HAD AN INTERACTION WITH, GOOD OR BAD.

'CAUSE WE'VE HAD SOME BAD INTERACTIONS WITH OUR NEIGHBORS RIGHT NEXT DOOR.

MM-HMM .

UM,

[00:20:01]

NOT TERRIBLE, BUT JUST LITTLE DISCUSSIONS.

YEAH.

UM, THEY DON'T HAVE A PROBLEM WITH IT.

SO LIKE I SAID, THE PEOPLE, I, I NOTICED THEIR HOUSES ON THE MAP.

UM, THEY'RE DIFFERENT ETHNICITY AND WE'VE NEVER SPOKEN TO 'EM AND WE'VE BEEN THERE A LONG TIME.

UM, PROBABLY CLOSE TO ABOUT 20 YEARS I THINK.

OH, YOU'VE BEEN THERE 20 YEARS? YEAH.

UH, IT'S BEEN, IT'S BEEN A LONG TIME.

UM, BUT YEAH, I'M NOT SURE.

AND WHAT'S THE STRUCTURE GONNA BE FOR? JUST REALLY ADDITIONAL STORAGE.

OKAY.

NOT CARS OR ANYTHING? NO, NOT NECESSARILY.

IT'S KIND OF HARD TO GET BACK THERE ANYWAYS.

I WAS GONNA SAY IT LOOK LIKE IT'S HARD TO GET, THERE'S LIKE A, THE, THE PORCH HAS AN EXISTING COLUMN.

YEAH.

KIND OF RIGHT IN THE FRONT OF IT.

UM, SO REALLY IT'S JUST ADDITIONAL STORAGE.

WE HAVE LIKE A RIDING LAWNMOWER FOR SOME OTHER PROPERTY WE HAVE.

SO JUST STUFF LIKE THAT.

OKAY.

THANK YOU.

SO ANYONE ELSE HAVE QUESTIONS FOR THE APPLICANT? NONE.

AM I RIGHT? I'M OKAY.

UH, AS FAR AS I'M CONCERNED, I REALLY DON'T HAVE A BIG PROBLEM WITH THE EIGHT INCHES AND MOVING FORWARD AND GIVING YOU A FIX.

IT IS SELF-CREATED SO I UNDERSTAND WHY THE CITY'S POSITIONED, THEY CAN'T JUST, YOU KNOW, HAVE THESE THINGS.

UH, BUT I'M JUST ONE VOTE AGAIN.

SO.

YES SIR.

BEFORE YOU LEAVE, ARE YOU OKAY WITH US TAKING A VOTE TONIGHT OR DO YOU WANT A TABLE? SO IS THERE MORE? THERE'S NINE PEOPLE ON THE BOARD.

OKAY.

'CAUSE LAST TIME I WAS HERE, I THINK IT WAS JUST ABOUT THIS, WE HAVE SOME PEOPLE WITH, YOU KNOW, ISSUES TONIGHT THAT ARE OUT.

SO WE HAVE A QUORUM AT SEVEN MM-HMM .

CLOSE TO CHRISTMAS AND IT'S CLOSE TO CHRISTMAS SO IT'S A CHALLENGE.

BUT YEAH, THE REGULAR BOARD IS NINE MEMBERS IN ATTENDANCE.

SO THEN YOU CAN GET A VOTE OF SEVEN TWO AND YOU WIN, RIGHT.

OR EIGHT AND ONE AND YOU WIN AND YOU CAN ACTUALLY HAVE AN OPPORTUNITY TO WORK IT OUT WITH THOSE NEIGHBORS THAT THAT WROTE AND ASKED YOU LETTERS THAT THAT, THAT ARE OPPOSED THAT DON'T, YOU KNOW, MAYBE YOU DON'T KNOW WHY THEY'RE OPPOSED, BUT, SO, AND I'D LIKE TO, I JUST DON'T KNOW WHAT WE COULD DO TO WELL YOU DON'T KNOW WHAT IT IS 'CAUSE YOU HAVEN'T TALKED TO 'EM.

SO YEAH.

I MEAN THAT'S THE REALITY, RIGHT? UM, IT'S YOUR CALL MAN, WHATEVER YOU WANT TO.

LET'S, UH, THAT'S TOUGH.

Y'ALL ARE PUTTING ME ON THE SPOT.

UH, .

WE CAN'T BE THE ONLY ONES ON THE SPOT.

IT'S ONLY EIGHT.

YEAH.

SO YEAH, AND I'M NOT OPPOSED TO IT EITHER.

JUST, JUST LET YOU KNOW.

LEMME GET A QUICK HEAD COUNT REAL QUICK.

YEAH, YOU JUST .

SEE WHO WE MAKE EYE CONTACT AND IT'LL TELL WE WELL WE LOOK .

JUST DO ONE OF THESE REAL QUICK .

YEAH.

GIVE A SIDE EYE.

YEAH.

UM, I GUESS LET'S VOTE ON IT.

ALRIGHT.

ALRIGHT, WE'LL MOVE FORWARD.

THANK YOU FOR COMING DOWN.

THANK, THANK YOU.

AND WE'LL GO AHEAD AND, AND PROCEED.

THANK YOU VERY YES SIR, VERY MUCH.

I APPRECIATE YOU.

ALRIGHT, UH, ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF THIS CASE SINCE THERE'S NOBODY ELSE IS NOT PAID OR A APPOINTED MEMBER HERE IN THE ROOM? I'M PRETTY SURE WE'RE OKAY.

UM, ANYONE IN OPPOSITION IN CASE THEY'RE OUT IN THE HALL? NOPE.

NOBODY IN OPPOSITION.

ANY FURTHER DISCUSSION ON THIS ITEM? NONE.

I WILL ENTERTAIN A MOTION.

MR. CHAIRMAN, I MAKE A, UH, MOTION THAT WE CLOSE AND APPROVE ZBA 2 3 0 6 0 0 4 3 SECOND I HAVE A MOTION TO APPROVE FROM MR. BAKER A SECOND FROM MS. EK ANY FURTHER DISCUSSION? IF NOT, I'LL ASK ALL THOSE IN FAVOR OF THIS MOTION.

UH, AS AS WRITTEN BY STAFF.

IF YOU'RE IN FAVOR, RAISE YOUR RIGHT HAND.

SAY AYE.

AYE.

AYE.

ANYBODY OPPOSED? MR. EPO? SO BY SIX TO ONE, LOOKS LIKE YOU'RE CHOPPING UP CONCRETE, MY FRIEND.

THANK YOU FOR COMING DOWN.

LET'S MOVE

[3. ZBA-23-11-0072 (Council District 1) – Variance to reduce the minimum side yard setback for a single-family residence permitted under the Unified Development Code, located at 609 SW 14th Street, legally described as Lot 3, Block 132, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District]

ON TO OUR NEXT CASE.

ALL RIGHT, IN JTA, ITEM NUMBER THREE IS ZBA 2 3 11 0 0 7 2.

THIS IS A VARIANCE REQUEST FOR PRIMARY STRUCTURE LOCATED AT 6 0 9 SOUTHWEST 14TH STREET.

AGAIN, THIS CAME BEFORE YOU LAST MONTH.

THE UDC SETBACK IS SIX FEET.

WHAT WAS CURRENTLY, WHAT IS CURRENTLY AUTHORIZED IS FIVE FEET AND THEY'RE COMING BACK NOW FOR ADDITIONAL FEET.

SO THEY'RE REQUESTING A FOUR FOOT SETBACK.

SO THIS IS THE SITE PLAN.

THIS IS THE PLAT THAT STAFF IS CURRENTLY REVIEWING.

THIS IS THE FLOOR PLAN BUILDING ELEVATION.

THIS IS THE SUBJECT PROPERTY.

27 NOTICES WERE SENT ZERO RETURN FAVORS, ZERO OPPOSED.

AND THERE IS NOT AN HOA STAFF DOES NOT OBJECT AS REQUESTED AND IS AVAILABLE FOR ANY QUESTIONS.

ALL RIGHT.

DO WE HAVE ANY QUESTIONS OF STAFF? TO MY RIGHT.

QUESTIONS TO MY LEFT.

THANK YOU VERY MUCH BRITTANY.

ALL RIGHT.

WE DON'T HAVE AN APPLICANT CARD HERE.

UH, WE DON'T HAVE ANYBODY IN SUPPORT.

WE DON'T HAVE ANYBODY IN OPPOSITION.

SO I'LL ENTERTAIN A MOTION AT THIS POINT.

I'LL MAKE A MOTION.

MS. HERDE MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING AND APPROVE, UH, ZBA 23 11 0 0 7 2 AS PER STAFF RECOMMENDATION, I HAVE A MOTION.

MR. APO IS USUALLY VERY STEALTH BUT HE SNUCK IN.

YOU STAND BY MR. BECK.

WE'LL USE YOU IN A MINUTE.

UH, I HAVE A MOTION FOR MR. HADIN.

MR. UM, A SECOND FROM MR. EPO.

ANY FURTHER DISCUSSION? IF NOT, I'LL ASK YOU TO RAISE YOUR RIGHT HANDS.

VOTE IF YOU'RE IN SPORT.

AYE.

AYE.

AND NONE OPPOSED THAT MOTION PASSES THE SEVEN ZERO.

MOVING ON.

ALL RIGHT.

AGENDA ITEM

[4. ZBA-23-11-0073 (Council District 5) – Variance to reduce the minimum side yard setback for a primary structure permitted under the Unified Development Code, located at 225 NW 16th Street, legally described as Lot 1, Block 52, Dalworth Park Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Six]

NUMBER FOUR IS ZBA 23 11 0 7 3.

[00:25:01]

AGAIN THIS IS ANOTHER VARIANCE REQUEST FOR A PRIMARY STRUCTURE.

THIS ONE IS LOCATED 2 2 5 NORTHWEST 16TH STREET.

AGAIN, THIS CAME BEFORE Y'ALL LAST MONTH.

SO THE REQUIRED CEP BACK FOR SIDE ON STREET IS 15 FEET.

WHAT IS CURRENTLY AUTHORIZED IS FIVE FEET AND WHAT THEY'RE REQUESTING IS THREE FEET.

SO YOU CAN AGAIN SEE HERE BY THE SITE PLAN THAT THAT SETBACK AT THE GARAGE IS THREE FEET.

RELEASE IS THE ONLY PLACE THAT THE GARAGE CAN COME OFF OF.

SO AGAIN, THIS IS A TRUE HARDSHIP, UM, WHICH IS WHY THEY'RE REQUESTING THAT VARIANCE.

THIS IS THE SUBJECT PROPERTY 45 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.

QUESTIONS TO MY RIGHT ON THIS CASE.

QUESTION MY LEFT ON THIS CASE.

SEEING NONE.

THANK YOU BRITTANY.

AND THERE IT'S NO SPEAKER CARDS.

APPLICANTS.

I'LL ENTERTAIN A MOTION.

MR. BAKER HAS ALREADY PUSHED THIS BUTTON.

MR. CHAIRMAN, I MIGHT A MOTION TO CLOSE AND APPROVE ZBA 2 3 1 1 0 0 7 3.

I HAVE A MOTION FROM MR. BAKER.

I'LL SECOND AND A SECOND FOR MR. AINE LEFT ME HANGING THERE FOR A MOMENT.

UH, ANY FURTHER DISCUSSION? IF NONE, I'LL ASK YOU IF YOU'RE IN SPORT, PLEASE RAISE YOUR RIGHT HAND, SAY AYE.

AYE.

MOTION PASSES SEVEN TO ZERO.

AND WITH THAT, THERE'S NOBODY ELSE IN THE ROOM.

NO CITIZEN COMMENT CARDS.

I THINK WE ARE DONE, ALTHOUGH WE DO HAVE ONE VIEWER AT HOME WHO'S TEXTING ME IN THE MIDDLE OF THIS, WHICH IS KIND OF FUNNY.

SO EVERYBODY HAVE A HAPPY HOLIDAYS, WE'LL CATCH YOU IN THE NEW YEAR.

ALRIGHT?