* 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. [BRIEFING SESSION - 5:30 PM ] [00:00:05] WELCOME TO THE STAFF BRIEFING. THE BOARD OF ADJUSTMENTS APPEALS FOR THE MEETING OF JULY 15TH, 2024. I'M BARRY SANDERS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS. THE STAFF BRIEFING IS HEREBY CALLED TO ORDER AT 5:36 PM THIS IS THE PORTION OF THE MEETING WHERE THE STAFF BRIEFS THE BOARD AND PRODUCE 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. I'LL NOW CONDUCT A ROLL CALL OF MEMBERS TO CONFIRM THE PRESENCE OF A QUORUM. AFTER I CALL YOUR NAME, PLEASE SAY HERE. BARRY SANDIS. HERE. ERIC ADEEN. HERE. DEBBIE EK. HERE. STACEY WHITE. HERE. TOMMY LAND. HERE. TIMOTHY EPO AND MELINDA ROGERS. HERE, LET THE RECORD SHOW. WE HAVE SEVEN MEMBERS PRESENT, SO WE DO HAVE AN OFFICIAL QUORUM SO WE CAN BEGIN OUR BRIEFING. UH, COMMISSIONERS, PLEASE REMEMBER TO TURN ON YOUR MICROPHONE TO ENSURE THAT EVERYONE CAN HEAR YOU AND YOUR VOICE CAN BE RECORDED FOR THE RECORD. AT THIS POINT, I'LL NOW ASK STAFF TO COME UP AND PRESENT AND TELL US WHAT WE NEED TO KNOW. THANK YOU. MR. CHAIR. BEFORE I GO UP THERE, I JUST WANNA INFORM THE BOARD THAT ITEMS NUMBER THREE AND FOUR, UH, HAVE BEEN REQUESTED TO BE TABLED TO THE NEXT REGULARLY SCHEDULED MEETING. OKAY. THAT'S, DO WE NEED MOTIONS FOR THAT OR THAT'S JUST FINE. THEY JUST GET TABLED JUST FOR THE BRIEFING. NOW, JUST LETTING YOU KNOW, DURING THE ACTUAL LIVE MEETING, DO WE NEED A VOTE TO TABLE? YEAH, THERE WILL BE MOTIONS. OKAY, GREAT. AND YOU CAN, YOU CAN DO BOTH OF THOSE AS A SINGLE MOTION. AND JUST, JUST TO VERIFY THAT I'M LOOKING AT I, ITEM TWO IS OH OH TWO FIVE IN DISTRICT SIX ON CALIFORNIA TRAILS. SO YOU'RE TALKING ABOUT ITEM THREE, WHICH IS OH OH TWO SIX AND OH OH TWO EIGHT IS ITEM FOUR, CORRECT? CORRECT. FOR SEASCAPE AND WINSLOW. GOTCHA. ALL RIGHT. THANK YOU. YOU'RE READY. WE'LL GO AHEAD AND BEGIN A BRIEFING. I GUESS YOU'LL START WITH 0 0 2 5. THANK YOU, MR. CHAIR. STARTING OFF WITH ITEM NUMBER TWO, BEING ZBA 24 DASH OH FIVE DASH 0 0 25, UH, THIS IS A SPECIAL EXCEPTION, UH, REQUEST FOR GARAGE CONVERSION LOCATED AT 1 1 3 CALIFORNIA TRAIL. UH, THIS PROPERTY IS ZONED FOR PLAN DEVELOPMENT NUMBER 81. AND LIKE I MENTIONED, THE REQUEST IS FOR A SPECIAL EXCEPTION FOR A GARAGE CONVERSION INTO A LIVING SPACE. ON THE SCREEN, YOU'LL SEE A GENERAL LOCATION OF THE PROPERTY. AND ONCE AGAIN, THE REQUIREMENT FOR, UH, GARAGE CONVERSIONS IN THE CITY, UH, IS THE OFF STREET PARKING. UH, THEY ARE PROVIDING TWO OFF STREET PARKING SPACES, UM, BUT THEY ARE NOW LOCATED WITHIN OUR OTHER REQUIREMENT, WHICH IS, UH, 300 FEET OF ANOTHER LEGALLY PERMITTED, UH, GARAGE CONVERSION. SO THIS IS A RUDIMENTARY SIDE PLAN. UM, AND I DO WANNA LET THE BOARD KNOW THAT THIS CASE CAME ABOUT AS A CODE, UH, CODE ENFORCEMENT CASE. UM, AS YOU CAN SEE IN THE IMAGE ON THE SCREEN, UH, THE WORK HAS BEEN DONE. THIS IS, UH, WHAT THE PROPERTY LOOKS LIKE AS OF TODAY. UM, AND SO THIS NEXT IMAGE IS JUST A GENERAL IMAGE OF HOW THE PROPERTY LOOKS, UH, OR DID LOOK BEFORE. UM, BUT THIS KIND OF SHOWS YOU THE OFF STREET PARKING REQUIREMENT OR THAT THEY'RE MEETING THAT REQUIREMENT. SO REGARDING THIS CASE, UH, 42 NOTICES WERE SENT OUTS, UH, ZERO WERE RETURNED IN FAVOR, AND THERE WAS THREE LETTERS OF OPPOSITION RETURNED. UM, AND THERE'S NOT A HOA IN THAT NEIGHBORHOOD. UH, STAB DOES NOT OBJECT TO 24 DASH OH FIVE DASH 0 0 25. UM, AND I CAN ANSWER ANY OF THE BOARD'S QUESTIONS. THE APPLICANT WILL BE HERE TONIGHT, UH, OKAY. DURING THE REGULAR SESSION. ALRIGHT, QUESTIONS TO THE STAFF? TO MY RIGHT. HOW ABOUT TO MY LEFT? OH, MRPA, GO AHEAD, SIR. WHEN YOU WERE TELLING US ABOUT THIS CASE, YOU SAID 1 1 3, IS THAT CORRECT? OR IS IT 1, 1 1 3. IT'S 1 1 1 3. OKAY. SO THREE ONES? YES. OKAY. THE SECOND QUESTION MM-HMM . WE, IS IT WITHIN THE BUILDING OR OUTSIDE? BECAUSE THE SKY, THE PLAN, THIS DOESN'T SHOW ANYTHING. THIS PLAN IS, UH, YES. SO TO, UH, IT IS LIKE SEEN ON THE SCREEN. BASICALLY THE GARAGE WAS CONVERTED, UM, TO A LIVING SPACE. SO THEY BASICALLY ADDED A WINDOW AND THEN THEY HAVE THE AC UNIT THERE. UM, THAT'S WHAT THE SITE PLAN IS TRYING TO DISPLAY. UH, TYPICALLY WITH GARAGE CONVERSIONS, IT IS KIND OF HARD TO, FOR THE APPLICANTS TO SHOW WHAT THEY'RE DOING BECAUSE THE WORK IS DONE INTERNALLY. TYPICALLY, YOU KNOW, LIKE A CARPORT WILL HAVE THE ACTUAL LAYOUT OF THE CARPORT, UH, [00:05:01] OUTSIDE OF THE MAIN STRUCTURE. BUT COULD YOU GO TO THE, THE BEFORE PICTURE REAL QUICK? UH, YES. OKAY. SO I THINK IF I INTERPRET FROM JUST WHERE WINDOWS ARE SUPPOSED TO BE, THERE'S TWO WINDOWS ON THE LEFT SIDE OF THE BUILDING, THE DOORWAY, AND THEN THE GARAGE ENTRY, WHICH NOW HAS A WINDOW AND A WINDOW AC. SO IF WE GO BACK TO THE COMPLETED, THERE YOU GO. CORRECT. YEAH. SO THAT'S WHAT THE VERY CRUDE, RUDIMENTARY LINE DRAWING IS FOR IS ONE WINDOW OVER HERE WHERE THE GARAGE IS, RIGHT. THE OTHER TWO WERE IN THE LIVING SPACE OF THE HOUSE. GOT IT. YEAH. ARE MR. ABPO, DID YOU HAVE ANY FOLLOW UPS ON THAT? ONE MORE QUESTION? YES. UH, TO STAFF, ARE YOU COMFORTABLE WITH THE, UH, THE APPEARANCE, THE AESTHETICS OF THE WINDOW AND THE OLD GARAGE DOOR? SO IN TERMS OF STAFF, WE DIDN'T HAVE AN ISSUE WITH THIS REQUEST. UM, IF THE BOARD HAS ANY OTHER ISSUES, YOU CAN CERTAINLY PUT A CONDITION. I THINK THAT'S HAPPENED IN THE PAST, BUT, UH, I DO WANNA REMIND YOU THAT THIS IS ALREADY CONSTRUCTED. IT'S ALREADY DONE. SO THIS IS WHAT IT LOOKS LIKE. UM, STAFF DOES NOT OBJECT THOUGH. STAFF DOES NOT OBJECT. IS IT BECAUSE IT IS BEEN DONE OR IT MEETS ALL OF OUR REQUIREMENTS AND IT DOESN'T, UH, CAUSE ANY ISSUES WITHIN THE NEIGHBORHOOD IN TERMS OF CHANGING UP THE DYNAMIC OF THE NEIGHBORHOOD OR ANYTHING LIKE THAT? EXCEPT FOR THE THREE NEIGHBORS? WELL, THAT'S, THAT'S OPPOSITION THAT WAS RECEIVED OKAY. TO THE CASE, BUT THANK YOU. MM-HMM . MS. ROGERS, GO AHEAD. I, I DIDN'T UNDERSTAND WHAT YOU SAID WHEN YOU WERE TALKING ABOUT, THERE WERE OTHERS, UM, UH, IN THE NEIGHBORHOOD. OH, RIGHT. YOU, YOU, I'M SORRY. UM, OKAY. IT'S OKAY. ARE THERE OTHERS IN THE NEIGHBORHOOD TO VERIFY? YOU SAID THE CRITERIA WAS 300 FEET IS OUR CRITERIA, IF ANYTHING LIKE THAT HAS HAPPENED THAT THERE'S NOTHING WITHIN 300 FEET IS WHY THIS TRIGGER IS GOING BEFORE ZBA. BUT ARE THERE, ARE I, I'M QUITE FAMILIAR WITH THE TRAIL, WOOD, NEIGHBORHOOD, DODGE, UH, CIMARRON, CALIFORNIA, ALL THOSE RIGHT DOWN IN THERE AND YEAH, I KNOW THERE'S CLOSED IN GARAGES UP AND DOWN THE STREETS THERE. JUST FROM PERSONAL EXPERIENCE, I, NOT AS TESTIMONY OR ANYTHING. NO, YOU'RE ABSOLUTELY CORRECT. DID YOU SAY PERMITTED OR NON PERMITTED? THERE WERE NONE PERMITTED, PERMITTED, LEGALLY PERMITTED WITHIN 300 FEET. SO, SO SOMEBODY MUST HAVE TERMED THEM IN, CORRECT? UH, I'M NOT SURE HOW THE CODE CAME, UH, CAME ABOUT, BUT YES, SOMEBODY WAS NOTIFIED. YEAH. SO WITHIN THAT NEIGHBORHOOD, YOU'RE ABSOLUTELY CORRECT, MR. CHAIR, THEY'RE EVERYWHERE. THERE ARE CONVERGENCE WITHIN THAT NEIGHBORHOOD. IT'S JUST NOT WITHIN 300 FEET. SO I THINK ABOUT TWO BLOCKS OVER, UH, HEADED EAST, UH, THERE IS ABOUT TWO GARAGE CONVERSIONS THAT ARE LEGALLY PERMITTED. SO, AND YOU FOUND NOTHING OUTSIDE OF CODE THERE? CORRECT? ON THE NEW BUILD? ANYTHING OUTSIDE OF CODE? UM, SORRY, I DON'T UNDERSTAND THE QUESTION. SO WHAT DO YOU WELL, IT'S, IT'S IT FAR AS YOU'RE CONCERNED, IT'S LEGALLY BUILT. OH, OKAY. I SEE WHAT YOU'RE SAYING. THERE'S NOTHING OUTSIDE OF THE PARAMETERS OF LEGALITY, CORRECT? CORRECT. CORRECT. ALRIGHT, THANK YOU. NO OTHER ISSUES? NO. YEAH, IT'S JUST DANGEROUS TO SAY LEGALLY YOU DON'T, I'D RATHER WE NOT USE LEGALLY BECAUSE THAT'S WHAT WE DO AND THAT'S WHAT COUNSELOR MAKES SURE WE DON'T DO WRONG. ? UH, I THINK THAT MR. EPO ASKED THE QUESTION, DOES IT CONFORM TO BUILDING AND DESIGN STANDARDS? AND IT DOES. AND, BUT I I WANNA CAUTION US NOT TO USE TERMINOLOGY THAT'S GONNA GET HER TO WEIGH IN TOO MUCH. SOMEBODY GOT MAD AND TURNED IN , I'D SAY, COUNSELOR, DO YOU HAVE ANYTHING TO ILLUMINATE? SO THIS ISN'T IN ONE OF OUR OVERLAY DISTRICTS WHERE WE HAVE THE ABILITY TO REGULATE THE MATERIALS AND THAT TYPE OF STUFF, SO, YOU KNOW, YEAH. IT'S WHAT IT'S, BUT AS ONE OF YOUR STANDARD CONDITIONS, WHENEVER Y'ALL APPROVE ONE OF THESE, YOU TYPICALLY MAKE THE MOTION TO APPROVE IT WITH THE STANDARD CONDITIONS. AND THAT INCLUDES THAT THEY OBTAIN ALL THE BUILDING PERMITS THAT ARE NECESSARY. SO THEY WOULD STILL GO THROUGH WHATEVER PROCESSES NEED TO BE AND GET THOSE APPROVALS TO MAKE SURE THAT IT'S SAFE AND COMPLIANT. OKAY. I THOUGHT THAT'S WHAT WE WERE DOING HERE IS, IS APPROVING OR DISAPPROVE Y'ALL APPRO. SO IF WE APPROVE IT, THEN IT GOES BACK TO CODE STAMP. THEY, THEY GO OUT TO CHECK TO MAKE SURE IT'S CODE. YOU DON'T APPROVE PERMITS, YOU APPROVE THE VARIANCE OR THE SPECIAL EXCEPTION. LEGALLY, THEY ARE NOT PERMITTED TO CONVERT THIS INTO A LIVING SPACE WITHOUT YOUR PERMISSION. SO YOU HAVE TO GIVE THEM PERMISSION TO CONVERT IT. AND THEN AFTER THEY GET PERMISSION TO CONVERT IT, THAT'S WHEN THEY GO THROUGH THE BUILDING PROCESS AND DO ALL OF THAT. SO EVEN IF THE WORK HAS ALREADY BEEN DONE, WE STILL MAKE THEM GO THROUGH THAT PROCESS AND THINGS ARE CHECKED OFF AFTER [00:10:01] THE FACT. OKAY. AND IF WE'RE NOT UP CODE, THEY WOULD'VE THE PERMIT CORRECT? CORRECT. TO HAVE A, A PERMIT FINALIZED? YES. HOW MANY, ANY OTHER QUESTIONS ON THIS? YES, MS. ACHE. SO TO REAFFIRM THAT, SO IF WE APPROVE THIS TONIGHT, THEN AT THAT POINT WE DISAPPROVE IT AND THAT'S IT, THEN Y'ALL, IT GOES BACK IN YOUR HANDS AND Y'ALL DOUBLE CHECK THINGS TO MAKE SURE THINGS ARE RIGHT BEFORE YOU GIVE 'EM THE PERMIT OR WHATEVER FOR, RIGHT? IS THAT RIGHT? YES. OKAY. I'M JUST RESTATING WHAT WAS SAID, SO I UNDERSTAND IN MY BRAIN. THANK YOU. THANK YOU. WOULD ANYONE ELSE LIKE A CHANCE AT THE MIC? TOMMY, YOU CAN JUMP RIGHT IN AT ANY POINT. NO. OKAY. . ALL RIGHT. IF THERE'S NO OTHER QUESTIONS, WE'LL MOVE TO THE NEXT CASES BEFORE THE REST OF THE AGENDA. THANK YOU. UH, THE NEXT TWO ARE THE TWO THAT ARE REQUESTED TO BE TABLED ITEMS. YES. CORRECT. MR THREE AND FOUR. THAT'S RIGHT. AND SO I'LL NEED A MOTION AND A SECOND AND WE'LL TABLE. WELL, THIS IS JUST A BRIEFING, SO WE, RIGHT. NO, I MEAN, THAT'S WHAT I MEAN. I'M JUST ADVISING THAT OKAY. WHEN WE'RE IN LIVE MEETING, WE'LL NEED TO DO THAT. I MEAN, WE'RE LIVE NOW, BUT, AND, AND IT CAN BE DONE AS A SINGLE MOTION TO JUST TABLE ITEMS THREE AND FOUR OFF THE AGENDA. OKAY. OKAY. COOL. GO AHEAD. SORRY TO INTERRUPT. NO PROBLEM. UH, SO THIS IS THE, UH, NEXT ITEM, CBA 24 DASH OH SIX DASH 0 0 3 2. THIS IS ANOTHER SPECIAL EXCEPTION, UH, REQUEST FOR A GARAGE CONVERSION. UH, THIS PROPERTY IS LOCATED AT 4 0 1 SOUTHWEST FIFTH STREET, AND IT IS ZONE SINGLE FAMILY FOUR RESIDENTIAL. AGAIN, THE REQUIREMENT BEING THAT IS, UH, THERE HAS TO BE ONE LEGALLY PERMITTED WITHIN 300 FEET. UH, AND THERE'S NOT, AND THEY HAVE TO HAVE TWO OFF STREET PARKING SPACES, WHICH THEY DO MEET THAT. AND ON THE SCREEN YOU'LL SEE A GENERAL LOCATION OF THAT PROPERTY. THIS IS A PROPOSED, UH, PLAN. SO THIS PROPERTY, UH, HAS RECENTLY BEEN BOUGHT AND THERE ARE RENOVATIONS THAT ARE PLANNED FOR THE PROPERTY IN ADDITION TO THIS. UM, AND YOU CAN SEE THAT ON THE SCREEN THERE. IN ADDITION, HOWEVER, THE FOCUS OF THIS REQUEST IS JUST FOR THE GARAGE CONVERSION. SO THIS IS A CURRENT PICTURE, UH, OR A PICTURE OF THE CURRENT STATE OF THE PROPERTY AND THE, UH, GARAGE. AS YOU CAN SEE, IT'S A ONE, UH, ONE CAR GARAGE, AND IT DOES PROVIDE TWO OFF STREETT PARKING SPACES. HOWEVER THEY ARE STACKED. I DO WANT TO LET THE BOARD KNOW THAT. SO IN REGARDS TO THIS CASE, 43 NOTICES WERE SENT ZERO RETURN IN FAVOR OR OPPOSED, AND THERE IS NOT AN HOA AND WE DO NOT OBJECT TO THIS REQUEST, AND I CAN ENTERTAIN ANY QUESTIONS AS WELL AS THE APPLICANT, UH, SHOULD BE HERE TONIGHT AS WELL. QUESTIONS ON THIS CASE, MR. IPO? I SEE YOU REACHING THE, IT IS STILL PENDING. IT'S NOT BEEN DONE YET, CORRECT? NONE OF THE WORK HAS BEEN DONE ON THIS PROPERTY. OKAY, THANK YOU. AND THEY HAVE GONE THROUGH THE PROP PROPER PERMITTING CHANNELS, UH, AND THAT'S HOW THEY BECAME AWARE OF THE REQUEST OR THE REQUIREMENT TO GET THE, UH, SPECIAL EXCEPTION. LOOKS LIKE THEY'RE GONNA DO A LOT OF RENOVATION ON THAT PROPERTY, BRING IT UP TO CORRECT, APPLICABLE KIND OF THING. OKAY. UH, ANYONE ELSE HAVE QUESTIONS ON THIS PARTICULAR CASE? IS THIS A FLIP OR A HOMEOWNER? UM, THAT'S A GOOD QUESTION FOR THE APPLICANT. UM, OKAY. ANYONE ELSE? IF NOT, WE'LL MOVE ON TO ITEM SIX. THANK YOU, MR. CHAIR. MOVING ON TO ITEM NUMBER SIX. THIS IS A SPECIAL EXCEPTION, UH, REQUEST FOR A GARAGE CONVERSION ITEM ZBA 24 DASH OH SIX DASH 0 0 3 3. UM, AND THIS PROPERTY IS LOCATED AT 31 55 PONDS EDGE TRAIL. UM, THE ZONING IS PD 1 27, AND AGAIN, YOU'LL SEE ON THE, UH, SCREEN THERE A GENERAL LOCATOR OF THE PROPERTY. UM, THE REQUIREMENT BEING TWO OFF STREET PARKING SPACES AND THERE WAS NOT ANY WITHIN 300 FEET. SO THIS IS A PROPOSED SIDE PLAN OF THE GARAGE, UM, OR PROPOSED FLOOR FLOOR PLAN. UH, THE WORK HAS NOT BEEN STARTED ON THIS PROPERTY YET, SO THEY HAVE GONE THROUGH THE PROPER PERMITTING CHANNELS. MM-HMM . AND THIS IS A PICTURE, UH, OF THE PROPERTY IN ITS CURRENT STATE OR THE GARAGE IN ITS CURRENT STATE. UM, TWO DOOR CAR GARAGE, AS WELL AS, UH, THIS NEXT IMAGE SHOWING AMPLE OFF STREET PARKING. UM, REGARDING THIS ITEM, THE 28 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR OR OPPOSED, AND THERE IS A HOMEOWNERS ASSOCIATION WITH THE NEIGHBORHOOD. I'LL GET THAT CORRECTED FOR THE ACTUAL MEETING. UM, BUT AS FAR AS STAFF IS CONCERNED, WE DO NOT OBJECT AND I CAN ANSWER ANY QUESTIONS AS WELL AS THE APPLICANT SHOULD BE HERE TONIGHT TO ANSWER ANY OF THE BOARD'S QUESTIONS. ALL RIGHT. QUESTIONS? AM I RIGHT MS. ROGERS OUTSIDE [00:15:01] THE 300 FEET, ARE THERE CONVERSIONS? YES. ANYONE ELSE? AM I RIGHT? MR. EPO? YES, SIR. COMPLETE. GO AHEAD, SIR. WE DON'T KNOW WHAT IT'S GOING TO LOOK LIKE AFTER THE CONVERSION. YOU MEAN LIKE THE ACTUAL SIDING OR THE YEAH, THE ACTUAL, UH, APPEARANCE. CORRECT. AFTER IT MAY HAVE BEEN DONE. IS THAT ONE GOING TO BE DICTATED BY THE CITY OR IT JUST DOES WHAT HE LIKES? WELL, IF YOU APPROVE THIS ITEM TONIGHT AND IT GOES FORWARD, WELL, IT WILL THEN GO FORWARD TO THE REGULAR PERMITTING PROCESS. UH, LIKE OUR CANCELED IS TOLD, UH, WHERE THE BILLING DEPARTMENT WILL ENSURE THAT IT'S UP TO CODE AND STANDARDS. SO, UM, AS FAR AS MATERIALS, I DON'T KNOW WHAT THEY'RE PROPOSING. THE APPLICANT WILL BE HERE TONIGHT IF YOU WANNA ASK THEM THAT, BUT, UM, THE PERMIT DEPARTMENT WILL MAKE SURE THAT IT'S UP TO CODE THE OFFICER. CORRECT. OKAY. WHAT IS THE HO A'S RULE HERE, UH, ROLE IN SOMETHING LIKE THIS? DO, DOES STAFF CHECK TO SEE IF THEY'RE FOLLOW THROUGH WITH HOA RULES, OR IS THAT COMPLETELY OUTSIDE OF THE SCOPE OF THIS? WE DON'T ENFORCE HOA RULES, BUT WE DO WORK WITH THEM, UH, AND WE HAVE NOTIFIED THE HOA THE APPLICANT HAS AS WELL, TO LET THEM KNOW THAT THEY'RE PLANNING ON DOING THIS WORK AND THEY ARE FULLY AWARE OF THE, UH, THE REQUEST. OKAY. TYPICALLY WE DO ASK FOR HOA APPROVAL FOR ACCESSORY STRUCTURES, BUT THIS ISN'T QUITE THAT. OKAY. SO ARE WE ASKING FOR IF THEY APPROVE ON THIS SIDE? WE JUST WANTED TO LET THEM KNOW AND GET THEIR ACKNOWLEDGEMENT. SO JUST SO YOU KNOW, THE CITY CANNOT LEGALLY WITHHOLD THE ISSUANCE OF A PERMIT OR SOMETHING LIKE THAT BASED UPON AN HOA DEED RESTRICTIONS ARE SOMETHING THE CITY CANNOT ENFORCE. AND SO THAT'S COMPLETELY SEPARATE. SO WHILE WE DO ASK AND WE DO NOTIFY, UM, THEIR REVIEW AND THEIR REGULATIONS ARE COMPLETELY SEPARATE FROM OURS. OKAY. SO IF THERE WOULD'VE BEEN A PROBLEM WITH HOA, WOULDN'T YOU HAVE GOTTEN A LETTER FROM THEM? THERE WOULD'VE BEEN MULTIPLE WAYS. THEY COULD HAVE NOTIFIED US A LETTER BEING THEY WOULD'VE SENT YOU A LETTER TELLING YOU THEY'RE NOT OKAY WITH IT. RIGHT. IS WHAT I, 'CAUSE WE'VE GOTTEN, WE'VE GOTTEN THOSE BEFORE. IT IS A PUBLIC HEARING TOO. THEY COULD SHOW UP TONIGHT. OKAY. AND THEY CAN SPEAK TOO. CORRECT. OKAY. WOULD NOTIFY THE HOA IN ANY CASE, INVOLVING AN HOA? CORRECT. YES. TYPICALLY JUST OUT OF COURTESY. OKAY. AND WE DID NOTIFY THIS HOA PERFECT. MM-HMM . ANY OTHER QUESTIONS ON THIS ONE? YES, MR. OPPA? GO AHEAD, SIR. BEFORE YOU REACH YOUR CONCLUSION, WERE YOU IN TOUCH WITH THE HOA YOURSELF OR THERE'S NO NEED TO DO THAT? SO IN TERMS OF CITY CENTERS, WHICH IS WHAT I CAN ENFORCE, UH, THAT'S WHAT WE TOOK A LOOK AT. AGAIN, HOA SEPARATE ENTITY. WE CAN'T ENFORCE WHAT THEY, THEIR BYLAWS OR ANYTHING LIKE THAT. SO, UH, IT'S SORT OF A COURTESY THING. WE LET THEM KNOW. BUT IN TERMS OF THEM HAVING INPUT, THEY CAN COME HERE TONIGHT AND SPEAK OR SEND LETTERS. BUT AS FAR AS STANDARDS GO, THAT'S, THAT'S A SEPARATE THING. OKAY. THANK YOU. BUT CITY BOARDS AND COMMISSIONS, AS I UNDERSTAND THE COUNSELOR, DO NOT TAKE A BACK SEAT TO WHAT AN HOA SAYS. WE, WE DO NOT SAY WHAT DO ASK FOR PERMISSION FROM MOM OR DAD. OKAY. THAT'S ALL I I, I NEEDED ANY OTHER QUESTIONS? ALL RIGHT, THAT WILL CONCLUDE OUR BRIEFING. THANK YOU VERY MUCH, SALVADOR. ANYTHING ELSE? THAT'S IT. THANK YOU, MR. CHAIR. UH, ONE OTHER QUESTION. IS THIS MANDATORY, THE NEW MARKETING BACKGROUND ON ALL SLIDESHOWS NOW, OR IS THIS JUST SOMETHING YOU'RE BEING ZANY WITH, OR IS THIS NEW? IT'S ONE OF THE, UH, OPTIONS THAT WE HAVE. ONE OF THE SLIDES, I KIND OF, I KIND OF LIKE IT. CAN'T TELL. I CAN JUST BARELY SEE JACK IN THE BOX IN THE UPTOWN DOWN THERE AT THE BOTTOM. SO . ALL RIGHT. UH, THAT BEING THE END OF THIS, WE WILL CONCLUDE OUR STAFF READING AT 5 54 AND RECONVENE AT SIX FOR OUR REGULAR MEETING, WE ARE ADJOURNED. TAKE A COMFORT BREAK IF YOU NEED IT. THANK YOU. WELCOME [Call to Order] TO THE CITY OF GRAND PRIX ZONING, BOARD OF ADJUSTMENT APPEALS MEETING OF JULY 15TH, 2024. I'M BARRY SANDIS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS. THIS MEETING IS HEREBY CALLED TO ORDER AT 6:03 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 ADJUSTMENT IS APPOINTED BY THE CITY COUNCIL TO CONSIDER VARIANCES, EXCEPTIONS AND APPEALS AS PRESCRIBED BY THE CITY OF GRAND PRAIRIES 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 MEMBERS OF THE BOARD IS NECESSARY TO DECIDE IN FAVOR, UH, ON ON ANY MATTER WHICH IS BEFORE THE [00:20:01] BOARD. I DO WANNA PAUSE HERE AND SAY, AS YOU CAN SEE, WE ALL GOT EYES. THERE'S SEVEN PEOPLE UP HERE THAT DOES GIVE US A QUORUM AND WE CAN LEGALLY BEGIN. HOWEVER, YOU NEED ALL SEVEN VOTES FOR ANY VARIANCE OR ANY MATTER BEFORE US. THAT BEING SAID, I BELIEVE THAT SOME OF THE CASES TONIGHT HAVE REQUESTED TO BE TABLED, AND WE'LL GET TO THAT IN DUE TIME. IF YOUR CASE IS BEFORE US AND YOU FEEL LIKE YOU MAY NOT HAVE SEVEN RAVING FANS UP HERE, IT MAY BE IN YOUR FAVOR TO REQUEST THAT WE TABLE UNTIL YOU CAN WORK IT OUT WITH CITY STAFF. WORK IT OUT TO HAVE A BETTER SHOT AT THIS 'CAUSE. WE DO NOT HAVE OUR TYPICAL NINE PEOPLE UP HERE TODAY. WE HAVE SEVEN. I JUST WANT TO HIT THE SEVEN REALLY HARD. SO NOBODY IS SHOCKED BECAUSE ZBA IS A QUASI-JUDICIAL COMMITTEE, WE DECIDE ON YOUR PIECE OF PROPERTY WHAT THE ZONING DOES, IF THERE'S A VARIANCE OR A CHANGE OR AN ADJUSTMENT OF SOME KIND. AS SUCH, IT REQUIRES A SUPER MAJORITY TO APPROVE. SO A NINE PERSON COMMITTEE, IT REQUIRES SEVEN VOTES YES. TO GET ANYTHING APPROVED, WHICH MEANS SIX THREE IS NOT A WINNER. FIVE FOUR IS NOT A WINNER, WHICH IS KIND OF WEIRD AS YOU LOOK AT IT, BUT I WANT EVERYBODY TO UNDERSTAND THE POLICY SO NOBODY IS FLATFOOTED AS THE NIGHT PROCEEDS. THAT BEING SAID, MEMBERS OF THE PUBLIC THAT MAY ALSO ADDRESS THE BOARD UNDER ITEMS LISTED UNDER PUBLIC HEARING. I'LL NOW CONDUCT A ROLL CALL MEMBERS TO CONFIRM THE PRESENCE OF A QUORUM. AFTER I CALL YOUR NAME, PLEASE SAY HERE, JUST LIKE THIS. BARRY SANDERS. HERE. ADEEN HERE. DEBBIE HUBACHEK. HERE. STACEY WHITE. HERE. TOMMY LAND. HERE. TIMOTHY OPPO HERE. AND LINDA ROGERS HERE. SO LET THE RECORD SHOW THAT WE DO HAVE SEVEN MEMBERS PRESENT. WE DO HAVE A QUORUM AND WE CAN PRE PROCEED WITH OUR MEETING. AND NOW, AND I DID FAIL. I'M GONNA LOOK FOR A VOLUNTEER TO GIVE OUR INVOCATION TODAY. ANYBODY WANNA STEP UP? I CAN DO IT. MR. HADIN. THANK YOU, SIR. OUR MOST GRACIOUS, HEAVENLY FATHER, WE THANK YOU FOR THIS EVENING. THANK YOU FOR THE, UH, CHANCE FOR US TO COME TOGETHER AND, UH, LOOK AT, UH, OUR REQUESTS AND, UH, NEEDS OF, UH, THE RESIDENTS OF THE CITY. UH, LORD, I PRAY THAT YOU WOULD HELP US TO, UH, BE WISE IN OUR DECISIONS. IN YOUR NAME WE PRAY, 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 RIGHT AT THE TOP FOR THE RECORD, ALONG WITH WHOM YOU REPRESENT, IF THAT APPLIES. STAFF WILL BE AVAILABLE TO RESPOND TO ANY 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 COMMENTS. NOW, OUR FIRST ACTION [APPROVAL OF MINUTES ] ITEM ON THE NIGHT IS APPROVAL OF THE MINUTES OF THE MEETING OF JUNE 17TH, 2024. MR. OH, IS THERE A MEMBER OF THE BOARD WISHES TO SPEAK ON THE MINUTES? SEEING NONE, MEMBER OF THE PUBLIC WISHES TO SPEAK ON THE MINUTES. IF NOT, I WILL ENTERTAIN A MOTION. MR. CHAIRMAN, I MOVE THAT WE APPROVE THE MINUTES OF A JUNE 17TH, 2024. SECOND, I HEARD MR. IPO IPO. JUST A SECOND AHEAD OF YOU. SO I HAVE A MOTION FROM MR. IIN, A SECOND FROM, UH, MR. EPO, ANY FURTHER COMMENTS? IF NOT, I'LL ASK ALL OF YOU TO RAISE YOUR RIGHT HAND AND VOTE. AND ALL IN FAVOR, AYE. AYE. AYE. THE MOTION APPROVES IS APPROVED AND PASSES SEVEN TO ZERO. THAT WILL NOW TAKE US [2. ZBA-24-05-0025 (Council District 6) Special exception for a garage conversion, located at 1113 California Trl., legally described as Lot 6, Block YY, Trailwood Addition No.5, City of Grand Prairie, Dallas County, Texas, zoned Planned Development-81] TO THE PUBLIC HEARING PORTION OF OUR AGENDA. WE HAVE THREE CASES, I BELIEVE ON THE AGENDA. WE ACTUALLY HAVE FIVE, BUT WE'LL DEAL WITH IT. UH, WE'LL WORK RIGHT THROUGH OUR AGENDA. FIRST ITEM ON THE AGENDA THOUGH IS ZBA 2 4 0 5 0 0 2 5. IT'S NUMBER TWO ON THE AGENDA. READY? CORRECT. THANK YOU, SIR, GO AHEAD. SER SALVADOR, I WILL PRESENT TO YOU TONIGHT. THE SECOND ITEM ON YOUR AGENDA. THIS IS A SPECIAL EXCEPTION REQUEST FOR A GARAGE CONVERSION, UH, LOCATED AT A PROPERTY AT 1 1 3 CALIFORNIA TERRELL. UH, ON THE SCREEN YOU'LL SEE THE PROPOSED LOCATION MAP. AND THE REQUEST IS THAT BEING, UH, GARAGE CONVERSION INTO A LIVING SPACE. OUR REQUIREMENT IS THAT WE, UH, THAT THE APPLICANT HAS TWO OFF STREET PARKING SPACES, WHICH THIS APPLICANT HAS PROVIDED. UM, AND THIS IS A RUDIMENTARY SIDE PLAN OF THEIRS. UH, I THINK THIS IMAGE, UH, IS A LITTLE BIT BETTER OF UNDERSTANDING THE, UH, CURRENT CASE OF THE GARAGE. SO AS YOU CAN SEE, THE APPLICANT HAVE INSTALLED A WINDOW, UM, AS WELL AS PUTTING SOME SIDING WHERE THE, UH, UH, EXISTING OR THE PREEXISTING, UH, GARAGE DOOR WAS. AND THIS IS A CURRENT OR THE PREVIOUS, UH, IMAGE OF THE PROPERTY. AS YOU CAN SEE, THAT GARAGE DOOR, UH, NO LONGER BEING THERE. [00:25:01] BUT AS YOU CAN SEE FROM THIS IMAGE, THERE ARE ARE TWO OFF STREET PARKING SPACES. AND SO IN REGARDING THIS CASE, UH, 42 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR AND THREE WERE RETURNED TO OPPOSED. THERE IS NOT AN HOA AND STAFF DOES NOT OBJECT TO THE ITEM. AND I CAN ANSWER ANY QUESTIONS AS WELL AS THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. OUTSTANDING. DOES THE BOARD HAVE QUESTIONS OF STAFF ON THIS ITEM, MR. LAMB? I BELIEVE WHAT I HAVE, IT SHOWS IN TWO WERE OPPOSED. THE THIRD WAS OPPOSED OR A DIFFERENT, UH, THEY'RE ON BA ON THE BACK OF THE PRINTING, SIR, THE BACK. OH, OKAY. WE'RE BEING VERY EFFICIENT WITH OUR PA PAPER PRINTING. SO THEY ARE DOUBLE SIDE IN THE PRINTING. SO THANK YOU. FIRST BACKSIDE OF IT, AND THEN THE THIRD, UM, AND IT WHEN WENT APPROPRIATE. WE'LL READ THOSE INTO THE RECORD. THE NAMES. THANK YOU MR. COUNCILOR. WE NEED DO THAT. AND AT, WERE THERE ANY SUBMITTED AFTER THE AGENDA? SO ONE OF THEM WAS SUBMITTED AFTER THE AGENDA, CORRECT. ALRIGHT. TWO WERE SUBMITTED BEFORE, BEFORE WAS PRINTED. THANK YOU. COUNCILOR. UH, NO OTHER QUESTIONS TO STAFF. IF NOT, I'LL ASK THE APPLICANT TO COME FORWARD. UH, PITA NUNEZ, IF YOU'LL START WITH NAME AND ADDRESS AND THEN TELL US WHAT WE NEED TO KNOW ABOUT THIS GARAGE CONVERSION. MY NAME'S PITA NUNEZ. I LIVE AT 1113 CALIFORNIA TRAIL. UM, WHEN I BOUGHT THE HOUSE ORIGINALLY, IT WAS ALREADY CONVERTED, BUT THEY HAD LEFT THE GARAGE DOOR. GARAGE DOOR THERE. SO LAST SUMMER WHEN MY SON HIT THE HOUSE AND WE WERE FIXING THE BRICK ON THE SIDE WHERE HE KNOCKED IT OFF. UM, I TOLD I I'M GONNA NEED YOU TO ELABORATE. I HAVE A SON WHO'S DONE STUFF LIKE THAT, HIT THE HOUSE WITH A VEHICLE OR, UH, HIS TRUCK. HE WONDERFUL BACKING IN. WONDERFUL. WENT A LITTLE TOO FAR. . OKAY. SO SINCE YOU WERE FIXING UP, SO WHEN THEY WERE, WHEN MY DAD AND MY BROTHER WERE FIXING THE BRICK, I WAS LIKE, WHY DON'T YOU JUST PULL THE GARAGE DOOR OFF AND ADD A WINDOW TO THE WALL THAT'S ALREADY THERE? SO THAT'S WHAT WE DID AND PUT SIDING. BUT I DIDN'T THINK TO GET A PERIMETER ANYTHING. YEAH. OBVIOUSLY NOW, NOW, YOU KNOW, THERE'S A WHOLE DIFFERENT PROCESS RIGHT NOW. I KNOW. YES. SO SOME OF THE NEIGHBORS DON'T LIKE THAT. YOU, YOU'RE AWARE OF A COUPLE OF THE NEIGHBORS HAVE I I DON'T FILLED OUT. YOU DON'T? I'VE NEVER TALKED TO NOBODY'S EVER SPOKE TO YOU ABOUT IT? WELL, I KNOW A FEW OF MY NEIGHBORS. I DON'T KNOW. I DON'T. OKAY. WELL, I MEAN, AS I UNDERSTAND AND, AND YOU HEARD THE STAFF PRESENTATION WITHIN 300 FEET, THERE'S USUALLY THE ORDINANCE, BUT, UH, IF THERE'S ALREADY SOME, BUT THERE'S NONE WITHIN 300 FEET, OBVIOUSLY IN YOUR NEIGHBORHOOD. I'M FAMILIAR WITH THAT NEIGHBORHOOD. I, I KNOW THERE ARE SOME. UH, AND IF IT WAS LIKE THAT WHEN YOU BOUGHT THE HOUSE, THAT'S AN INTERESTING SITUATION. NOW YOU HEARD WHAT I SAID ABOUT FOR THIS TO BE APPROVED, GONNA TAKE SEVEN MEMBERS IN APPROVAL. SO I'M VERY NERVOUS ABOUT US GOING TO A VOTE IF YOU ARE NOT ABSOLUTELY CONFIDENT THAT YOU GOT ALL SEVEN OF US. SO I WANT YOU TO LISTEN AND, AND, AND, AND PAY ATTENTION. AND BEFORE WE CLOSE PUBLIC HEARING, IF YOU WISH TO TAKE SOME TIME AND FIGURE OUT WHAT WE NEED TO DO TO WORK WITH STAFF OR WORK WITH WHOEVER. NOW STAFF DOES NOT OBJECT TO THE APPLICATION AS IT IS IN ITS FORM. UM, BUT I CAN CERTAINLY UNDERSTAND SOME OF YOUR NEIGHBORS, NOT FANS OF THE WINDOW UNIT HANGING OUT OVER THE DRIVEWAY OR ANYTHING LIKE THAT. THAT BEING SAID, I'M GONNA TURN IT OVER TO THE REST OF THE BOARD TO ASK YOU ANY QUESTIONS. THEY'D LIE. ANYBODY TO MY LEFT? MR. LAND? GO AHEAD, SIR. UH, YOUR OPPOSITION HERE SEEMS TO BE THIS AC WOULD IT BE A POSSIBILITY TO MOVE IT TO THE OTHER SIDE OF THE HOUSE MOVING THAT'S, THAT'S BRICK, UH, RIGHT? THE WINDOW UNIT? YEAH. WELL, NO, I'M TALKING ABOUT THE, THE SIDE OF THE, THE HOUSE. MOST PEOPLE AS OPPOSED TO STICKING IT UP FRONT, WILL MOVE IT TO THE SIDE OF THAT CONVERSION. I'M JUST ASKING YOU IF YOU THINK THAT'S A POSSIBILITY. YEAH, I THINK, I MEAN, LET ME ASK A LITTLE BIGGER. IF IT'S A MATTER OF GETTING TURNED DOWN OR TABLING AND WORKING THAT OUT TO, AND FIGURING OUT WHO'S IN OPPOSITION AND GETTING THEM TO DROP THEIR OPPOSITION AND THEN COMING BACK AND TAKING A SHOT AT THIS, WOULD THAT BE A BETTER SOLUTION THAN GETTING A BIG X AND A BIG NO. 'CAUSE YOU GOT FIVE, TWO OR SIX ONE TODAY AH, AND COULDN'T BE APPROVED. SO IT'S SOMETHING TO THINK ABOUT. I MEAN, FOR ME, I CERTAINLY UNDERSTAND IT'S TEXAS, IT'S 104 DEGREES OUTSIDE. I'VE MM-HMM. ALMOST EXPLODED WALKING IN FROM MY CAR. IT'S VERY HOT. UM, PROBABLY SHOULDN'T WEAR ALL BLACK. UM, BUT WE NEED AIR CONDITIONING CERTAINLY. BUT THE AESTHETICS OF THE NEIGHBORHOOD, YOU WANNA MAKE SURE EVERYBODY'S ON BOARD. AND SO I JUST WANTED TO BE FAIR WITH THAT. UH, ANYONE TO MY RIGHT. WITH QUESTIONS FOR THE APPLICANT? OR [00:30:01] ARE YOU BOTH GOOD, MR. LAND? GO AHEAD, SIR. NOW, WHO DID THE WORK? MY DAD AND MY BROTHER AND MY NEPHEW. ANY CONSTRUCTION? NO. I MEAN, THEY FIXED THEIR OWN STUFF, BUT THEY'RE, THAT'S NOT THEIR TRADE. OKAY. WOULD THEY, UH, BE CAPABLE OF JUST CUTTING OUT AND OPENING AND THE BRICK ON THE SIDE TO MOVE THE AIR CONDITIONER OVER THERE? I'M SURE THEY COULD. OKAY. THEY DID IT AT MY BROTHER'S HOUSE. OH, OKAY. SO THEY'VE ALREADY DONE ONE LIKE THAT. OKAY. THANK YOU. DO YOU HAVE SOMETHING MS. ROGERS? I DO. MICHAEL, MY CONCERN IS THE OPPOSITION. YOU'VE GOT, UH, SEVERAL PEOPLE WHO DON'T LIKE THE LOOKS OF THIS AND, UM, THEY'VE WRITTEN LETTERS TO THE CITY. SO I THINK THAT AC UNIT IS PROBABLY A BIG PART OF THAT. MM-HMM . YEAH, WE CAN MOVE THE AC. SO, ANY MORE QUESTIONS? ANYTHING ELSE TO ILLUMINATE ON THIS OR, I MEAN, YOU HAD, IT SOUNDS LIKE YOU ALREADY HAD A CONVERSION WHEN YOU BOUGHT THE HOUSE. YEAH. BUT YOU GOT A SIGN. SAY YOU HAD AN OPPORTUNITY FOR REMODELING. THAT'S ALL RIGHT. I GOTTA SIGN. AND I'VE HAD MANY OPPORTUNITIES TO GET TO BUY NEW CARS 'CAUSE OF THAT. UH, SO, UM, WHAT IS YOUR PLEASURE AT THIS POINT, IF YOU WOULD LIKE US TO CALL THE BOAT TABLE IT. WHAT ARE, WHAT ARE YOUR, WHAT'S YOUR THOUGHT PROCESS? OR IS THAT SOMETHING THAT MAYBE, NOW THAT WE'VE BROUGHT UP THE AC AND BROUGHT UP THE OPPOSITION LETTERS, MAYBE WE COULD SPEND A LITTLE MORE TIME AND MAKE SURE IT'S A CLEANER PROCESS FOR EVERYBODY. IT'S ENTIRELY UP TO YOU, BUT I WANT TO GIVE YOU THAT OPTION. MM-HMM . WE DO HAVE THE, WE WE DO HAVE THE OPTION. OH. OH, I WAS WANTED TO, I WAS WANTED TO ASK COUNCIL REAL QUICK, CAN WE MAKE PART OF THE MOTION THAT, TO APPROVE THAT SHE WOULD NEED TO MOVE THE AIR CONDITIONING AND THE WINDOW TO THE SIDE OF THE HOUSE? COULD THAT BE PART OF OUR RECOMMENDATION? OR IS THAT SOMETHING THAT TOTALLY WOULD GO BACK TO, UM, THAT'D BE BUILDING FOR, UM, THEIR, UH, APPROVAL. AND IS THAT AGREEABLE TO YOU? I'M, YEAH. OKAY. SO CAN WE DO THAT TIME, TIME OUT COUNSELOR? I, I WOULD ACTUALLY HAVE TO RESEARCH THAT BECAUSE I'M NOT AWARE OF ANYTHING IN OUR CODE THAT WOULD PROHIBIT THAT. BUT I CAN'T PROMISE YOU THAT I KNOW EVERY LINE IN VERSE IN OUR CODE BECAUSE I DEFINITELY DON'T CAN WE GET A NEW ATTORNEY IN HERE, ? SO CAN WE ASK, SO IN THIS, I, I THOUGHT BEFORE WE MADE EXCEPTIONS. SO COULD WE MAKE A SPECIAL EXCEPTION THAT IF WE, WE WILL APPROVE IT AS IT IS, BUT THE AIR CONDITIONER UNIT NEEDS TO BE REMOVED AND JUST LEAVE IT AT THAT. AND THEN WHATEVER THEY DO IN THE FUTURE, THAT'S THEIR, THAT'S THEIR DEAL. THEY PUT IT ON THE SIDE. WHO, WHO CARES? I MEAN, COULD WE MAKE THAT OPPOSITION? COULD WE MAKE THAT SPECIAL EXCEPTION? YOU CAN ABSOLUTELY MAKE THAT PART OF YOUR MOTION AND PART OF YOUR VOTE. YES. THAT'S WHAT I MEAN. WHETHER OR NOT IT'S LEGALLY ENFORCEABLE, I CANNOT ANSWER FOR YOU AT THIS TIME. OKAY, MR. WHITE, DID THAT ANSWER WHAT YOU WERE TRYING TO YES. WHAT I'M GATHERING HERE IS IF WE MADE THAT MOTION, WE COULD RUN INTO A CODE VIOLATION. CORRECT. AND NOW WE WHAT? NOW WE'RE SO NOT, IT WOULDN'T BE SUPPORTED BY CODE. SO THEN WE COME BACK TO US AGAIN THEN, OR, OR, OR, OR THEN WHAT WOULD HAPPEN IF IT'S NOT OKAY FOR US TO DO THAT? THEN THEY WOULD BE ABLE TO HAVE THE GARAGE CONVERSION. IF, IF, IF IT TURNS OUT THAT YOU CONDITIONED THE GARAGE CONVERSION ON SOMETHING THAT YOU CANNOT LEGALLY CONDITION IT UPON, OKAY. THEN THE CONDITION GOES AWAY AND THEY CAN HAVE THE GARAGE CONVERSION. OKAY. SO AND THEY NEED TO KEEP IT LIKE IT IS, THEY GET TO KEEP IT LIKE IT IS. DIDN'T HAVE THE RIGHT TO DO THAT. CORRECT. OKAY. I UNDERSTAND. NOW WHETHER OR NOT YOU HAVE THAT RIGHT IS SOMETHING THAT I WOULD NEED TO RESEARCH TO MAKE SURE I'M GIVING YOU THE MOST ACCURATE INFORMATION BECAUSE I DON'T WANT TO MISLEAD YOU WHAT, YOU KNOW, PART OF, YOU KNOW, PART OF THE, I THINK WHAT OUR CONCERN IS IS YOU'RE BEING A GOOD NEIGHBOR, RIGHT? SO IF THE OPPOSITION, YOU HAD THE GARAGE CONVERSION, IT WAS THERE WHEN YOU MOVED IN, BUT IT DIDN'T HAVE A WINDOW AND IT DIDN'T HAVE AN AIR CONDITIONER. SO YOU PUT THE WINDOW AND AIR CONDITIONER IN THERE, ALL OF A SUDDEN NOW IT'S A NOTICEABLE GARAGE CONVERSION AND IT, YOU KNOW, THE NEIGHBORS DON'T THINK IT LOOKS AS GOOD AS WHAT IT COULD LOOK. SO, YOU KNOW, BY BEING A GOOD NEIGHBOR, YOU MOVE IT TO THE SIDE. YOU KNOW, PEOPLE MAY NOT BE A HUNDRED PERCENT HAPPY, BUT THEY'RE A LOT HAPPIER THAN WHAT IT IS RIGHT NOW. SO, YOU KNOW, IT WOULD ALMOST BE, YOU KNOW, WE WOULD ASK YOU TO DO THAT, BUT THEN IT'D BE, YOU KNOW, NOT ALWAYS BE A GOOD FAITH EFFORT [00:35:01] ON OUR PART AND YOUR PART, YOU KNOW, TO DO THAT. GOTCHA. SO I'M NERVOUS ABOUT US PUTTING STIPULATIONS INTO A VOTE CANDIDLY FOR ME TONIGHT TO PUT THINGS INTO A VOTE AND THEN FINDING OUT THAT WE WIND UP BEFORE THE SUPREME COURT OF ZBA, WHATEVER THAT IS, YOU KNOW, AND THAT, OR WE MADE A LEGAL INTERPRETATION THAT WE COULD NOT, IT WAS OUT OVERSTEPPING OUR BOUNDARIES FOR ME. I'D RATHER WE TAKE 'EM UP AND TABLE THIS AND FIGURE IT OUT. BUT THAT'S AGAIN, ENTIRELY UP TO YOU. THAT WAY YOU CAN WORK ON WHAT ARE THE SOLUTIONS, OBVIOUSLY WE GOTTA TALK TO. YOU NEED TO KEEP YOUR SON FROM BACKING UP THE DRIVEWAY AT ALL POSSIBLE. IT'S, THAT'S MY DAD PUT A BLOCK. OH, YOU PUT A BLOCKER FOR HIM JUST IN CASE HE GOT CARRIED AWAY. GOOD, GOOD MOVE. I SEE IT. I SHOULD, YEAH, MY DAD USED TO DO STRIPING, UH, ON THE HIGHWAYS AND STUFF. UH, OKAY. AWESOME. AND I AGREE WITH THAT. I, IT'S ENTIRELY UP TO YOU WHETHER WE TABLE OR NOT, BUT THAT WOULD GIVE STAFF AN OPPORTUNITY TO LOOK AT THE REALITY OF THE THING AND LET US KNOW MIGHT MAKE OUR DECISION EASIER. AND IN THE MEANWHILE, MOVE IT. YOU COULD GO AHEAD AND MOVE IT. OKAY, IT'S TRUE. I CAN DO THAT. AND THEN YOU COME BACK AND IT'S AN ENTIRE AND THEN IT DOESN'T AND THEN IT'S, YEAH, THEN IT'S WHATEVER. OKAY. AND IT MAY BE AN OPPORTUNITY TO MAYBE GET WITH THESE FOLKS. 'CAUSE SOME, IF YOU READ THE COMMENTS OF THE PEOPLE WHO WENT ONLINE AND FILLED OUT AN OBJECTION, THEY WERE LIKE, WOULD'VE BEEN NICE TO BE CONSULTED. YEAH. I JUST DON'T LIKE HOW IT LOOKS. WELL, BEING A GOOD NEIGHBOR SAYS, HEY LOOK. OKAY, I GUESS THEY LIKE THE, YOU FIND IT BETTER. GARAGE DOOR BETTER THAN THAT. . WELL, I MEAN, YOU KNOW, OR YOU COULD SEND YOUR SON DOWN TO PARK IN THEIR DRIVEWAY, BUT THEY PROBABLY WON'T LIKE THAT EITHER. 'CAUSE UHHUH, THEY DON'T HAVE THE STOP. IT SAYS IN THE COMMON AC THEY DON'T NECESSARILY LIKE IT. BUT THE, BUT THE REAL STORE FRONT I THINK IS THE AC. YEP, IT'S WHAT IT IS. THAT'S IN THE, IN THE WINDOW. I MEAN, OKAY. IF YOU WOULD GET RID OF THE WINDOW UNIT AND NOT HAVE THAT THERE, I THINK THAT YOUR NEIGHBORS WOULD BE A LITTLE HAPPIER AND, AND THE WINDOW, BECAUSE THEY DON'T LIKE THE WINDOW EITHER. OH, I DIDN'T, I DIDN'T SEE THAT. YEAH. BUT THAT WOULD GIVE YOU TIME TO ADDRESS THAT. AND I REALLY, IT'S ENTIRELY UP TO YOU, MS. MUNIEZ, WHATEVER YOU WANT TO DO. WE CAN CALL THE BOAT TONIGHT, SEE HOW THE CHIPS FALL. BUT AS I SAID AT THE VERY TOP, YOU WOULD NEED ALL SEVEN. AND I DON'T KNOW WHAT THE VIBE YOU'RE GETTING IS , BUT UM, IT MIGHT GIVE YOU AN OPPORTUNITY TO MAKE IT BETTER AND EVERYBODY CAN MOVE, MOVE ON WITH THEIR LIFE AND LIVE BETTER AND JUST KIND OF WORK IT OUT A LITTLE SMOOTHER. WHATEVER YOU WANNA DO. SO WHAT IS YOUR DECISION? I CAN WAIT. SO ARE YOU REQUESTING WE GO AHEAD AND TABLE THIS TONIGHT TO NEXT MONTH'S MEETING? YES. ALRIGHT. WITH THAT IF YOU HAVE ANYTHING ELSE TO ADD? NO. OKAY. IS THERE ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF THIS PARTICULAR CASE? ANYONE ELSE WISHING TO SPEAK IN OPPOSITION TO THIS PARTICULAR CASE? THANK YOU MS. NUNEZ. I'M GONNA ASK FOR SOMEONE TO MAKE A MOTION TO TABLE. MR. CHAIRMAN, I MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING AND TABLE. UH, ITEM NUMBER TWO ZBA DASH 24 DASH ZERO FIVE DASH 0 2 5. I HAVE A MOTION. DO I HAVE A SECOND? I HAVE A MOTION FROM MR. DEAN, A SECOND FROM MR. WHITE. ALL THOSE IN FAVOR OF TABLING THIS ITEM UNTIL WE CAN SORT IT OUT AND KIND OF HOPEFULLY GET EVERYBODY HAPPY. PLEASE RAISE YOUR RIGHT HAND VOTE. I I THAT TABLING MOTION. IT IS OFFICIALLY TABLED. SO NOW CLOCK WILL START AND WE FIGURE OUT HOW TO MAKE EVERYBODY HAPPY. THANK YOU. I THINK THAT WAS A SMART MOVE. THANK YOU FOR COMING DOWN MA'AM. OUR NEXT ITEM [Items 3 & 4] ON THE AGENDA IS ZBA 2 4 0 5 0 0 2 6, AND ZBA 2 4 0 6 0 0 2 8. STAFF IS REQUESTING THAT THESE ITEMS BE TABLED TO THE AUGUST 19TH ZBA MEETING. SO THE CHAIR WILL NOW ENTERTAIN A MOTION CHAIRMAN, MR. , GO AHEAD SIR. I MOVE THAT WE DEFFER THE DECISION ON ZB 2 4 0 5 0 0 2 6 AND ZBI 2 4 0 6 0 0 2 8 UNTIL THE NEXT MEETING. IS THAT, IS THAT, OR DOES HE NEED TO USE THE WORD TABLE INSTEAD OF DEFER OR DOES IT MATTER? IT'S OKAY. WE, I THINK THE INTENTION IS FINE THE SAME. IT'S FINE. WE, AS LONG AS EVERYONE UNDERSTANDS THE MOTION AND WHAT THEY'RE HOLDING ON. OKAY. ALL RIGHT. JUST WANNA MAKE SURE WE'RE CLEAN. OTHERWISE SHE'S GONNA SPEND ALL HER TIME IN APPELLATE COURT. MM-HMM . SO WE HAVE A MOTION TO TABLE OH TWO SIX AND OH TWO EIGHT. I HAVE A SECOND FOR MR. WHITE. YES SIR. ANY FURTHER DISCUSSION? IF NOT, ALL THOSE IN FAVOR OF TABLING THESE TWO, PLEASE RAISE YOUR RIGHT HAND, SAY AYE. A AYE. AND THOSE TWO ARE TABLED BY ACCOUNT OF SEVEN TO ZERO, WHICH TAKES US TO THE [5. ZBA-24-06-0032 (Council District 5) Special exception for a garage conversion located at 401 SW 5th St., legally described as Lot 401, Britts Resub Addition, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Four Residential District ] NEXT CASE FOR CONSIDERATION IS ITEM FIVE ON OUR AGENDA AND THAT IS ZBA 2 4 0 6 0 0 3 2. TAKE IT AWAY SIR. THANK YOU MR. CHAIR. [00:40:01] ITEM NUMBER FIVE ON YOUR AGENDA. HERE IS A SPECIAL EXCEPTION REQUEST FOR A GARAGE CONVERSION AT 4 0 1 SOUTHWEST FIFTH STREET. UH, THIS PROPERTY IS ON SINGLE FAMILY FOUR RESIDENTIAL AND UH, THEY ARE REQUESTING THAT GARAGE CONVERSION. OF COURSE, THE ROW BEING THAT WE REQUIRE TWO OFF STREET PARKING SPACES AND THEY ARE PROVIDING TWO, UH, ONSCREEN. YOU'LL SEE A GENERAL LOCATION OF THE PROPERTY AND THEN YOU'LL SEE A PROPOSED SITE PLAN. SO LIKE I MENTIONED DURING OUR BRIEFING, UH, THIS PROPERTY, UH, IS UNDER RENOVATION. UM, THEY HAVE GONE THROUGH THE PROPER PERMITTING CHANNELS TO GET THOSE RENOVATIONS DONE. UM, AND ONE OF THOSE REQUIREMENTS WAS THAT THEY GET THE SPECIAL EXCEPTION FROM THIS BOARD TO GET THE GARAGE CONVERSION INTO A LIVING SPACE PERMITTED. AND ON SCREEN YOU'LL SEE SOME ADDITIONAL IMAGES OF THE CURRENT STATES OF THE GARAGE AS WELL AS AN IMAGE SHOWING AMPLE OFF STREET PARKING. I DO WANNA NOTE THAT, THAT OFF STREET PARKING IS STACKED, HOWEVER, UM, BUT IN REGARDS TO THIS ITEM, UH, 43 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR OR POSED AND THERE'S NOT AN HOA WITHIN THIS NEIGHBORHOOD. I CAN ANSWER ANY QUESTIONS. OH, SORRY. STAFF DOES NOT OBJECT, UH, TO THIS REQUEST AND I CAN ANSWER ANY QUESTIONS AS WELL AS THE APPLICANT, UH, IS HERE TONIGHT TO ANSWER ANY QUESTIONS. ALL RIGHT. QUESTIONS OF STAFF TO MY RIGHT. QUESTIONS TO MY LEFT. THANK YOU SALVADOR. THANK YOU. EACH OTHER I HAVE DOWN THE APPLICANT IS VERONICA JUAREZ VALDEZ, IS THAT CORRECT? IS THAT THE APPLICANT NAME YOU HAVE? UM, I THINK BABS IS THE APPLICANT FOR THIS PROPERTY HERE. AND SAY AGAIN SIR. ALPHA SEVEN HOMES, NLC. MY NAME IS BABS. OKAY. UH, YOU CAN COME UP HERE, COME ON UP HERE. IF WE'LL START OFF PERHAPS WITH THE VERY FIRST, JUST YOUR NAME, YOUR ADDRESS AND, AND YOUR BUSINESS INTEREST YOU REPRESENT AND TELL US WHAT WE NEED TO KNOW ABOUT THIS PROPERTY. GO AHEAD SIR. OKAY. HI, MY NAME IS BABS UMDO. I AM THE DEVELOPER OF THE, UM, 4 0 1 SOUTHWEST FIFTH STREET. OKAY. UM, I BOUGHT THE PROPERTY. OKAY. UM, AND, UM, MR. JOHNNY BROWN HERE IS MY BUILDER. OKAY. SO HE'LL ANSWER ANY, ALRIGHT. AND, AND BABS, TELL ME THE ADDRESS FOR THE COMPANY YOU YOU REPRESENT. 2 9 5 1 DALLAS PARKWAY, FRISCO, TEXAS. THANK YOU VERY MUCH. ALL RIGHT, SO WHAT DO WE NEED TO KNOW? YOU BOUGHT IT. ARE YOU PLANNING ON FLIPPING IT? YES I AM. IT LOOKS LIKE YOU GOT SOME WORK TO DO AHEAD OF YOU HERE. I DO ONE THING HOW BIG A SQUARE FOOTAGE IS? IT'S PRESENTLY ABOUT 700 AND, UM, 74 THEREABOUT SQUARE FOOTAGE. IF WE ADDED THE UM, GARAGE THE GARAGE, WHICH ONE WOULD CONVERT INTO A DINING AREA. OKAY. IT WOULD BE AN EXTRA 200. OKAY. AND THEN WE'RE, WE'RE DOING UH, A 500. IT, THERE'S A LOT OF SPACE BACK AT THE BACK. WE'RE ADDING SOME SPACE AT THE BACK AND THEN WE'RE GONNA PUT THE POCKET AND THAT, THAT'LL BE FOR SOME OTHER BOARD TO FIGURE OUT. YES. NO, RIGHT NOW WE'RE JUST HERE TO FIGURE OUT ABOUT A GARAGE. NO, NOTHING TO, IT HAS NOTHING TO DO WITH YOU GUYS THEN THE 700 IS A PRETTY SMALL LIVING SPACE. SO YEAH. SO THAT'S WHY WE NEED TO DO THE GARAGE AND, UM, UNDERSTOOD. YEAH. ALRIGHT. RIGHT. UH, I, I HAVE ANYTHING ELSE TO ELIMINATE. IT SEEMS LIKE I UNDERSTAND WHAT YOU'RE DOING AND I APPRECIATE YOU COMING IN AND TRYING TO BRIGHTEN UP WHAT WE GOT IN OUR COMMUNITY. UH, IT'S TOUGH 'CAUSE YOU LOOK AT THE PICTURES AND IT'S SCARY. SO YOU'RE BRAVE. YOU'RE BOTH VERY BRAVE MEN IN MY OPINION. SO THAT'S A LOT OF WORK. IT'S A LOT OF WORK. YEAH. YEAH. I GET, I GET WORKED UP WHEN MY LONG GETS LONG. UH, SO ANY QUESTIONS TO MY LEFT FOR EITHER ONE OF THESE GENTLEMEN? HOW ABOUT TO MY RIGHT GENTLEMEN, IS THERE ANYTHING ELSE YOU WANNA ADD OR YOU GONNA LET THE CASE GO? THE STAFF PRESENTED AND YEAH. AND YOU UNDERSTAND THE SEVEN, WE NEED SEVEN VOTES. SO WE'LL GO AHEAD AND CALL THE VOTE AND SEE, SEE IF WE CAN GET YOU GARAGE CONVERSION APPROVED. OKAY. THANK YOU. THANKS FOR COMING DOWN GENTLEMEN. OH, I AM GONNA NEED YOU TO GET WITH, YOU'VE GOT THE CARD? YES. OKAY. JUST MAKING SURE SHE LIKES TO NOT GIVING ME STUFF. MAKE ME JUST VAMP UP HERE FOR A LITTLE BIT. UH, ANYONE ELSE WISHING TO IN SUPPORT OF THIS CASE? UH, 2 4 0 6 0 0 3 2. ANYONE WISHING TO SPEAK IN OPPOSITION? SEEING NONE. I'LL GO AHEAD AND ASK FOR ENTERTAIN A MOTION. MR. CHAIRMAN, I MAKE A MOTION THAT WE CLOSE THE PUBLIC HEARING AND APPROVE ZBA 24 0 6 0 0 3 2. UH, WE HAVE A MOTION FOR MR. DEAN, A SECOND FOR MR. EPO ANY FURTHER DISCUSSION, THEREBY I UNDERSTAND WHAT WE'RE DOING HERE AND WHAT THE PROPERTY IS. ALL RIGHT, THEN I'M GONNA ASK FOR ALL OF YOU IN FAVOR OF APPROVING THE MOTION FOR THE GARAGE CONVERSION AT THIS PIECE PROPERTY. RAISE YOUR RIGHT HAND, SAY AYE. AYE. AYE. [00:45:02] AND THAT MOTION PASSES. SEVEN. OH, GOOD TO WORK GENTLEMEN. GOOD. GOOD JOB. UH, THAT TAKES US TO OUR [6. ZBA-24-06-0033 (Council District 2) Special exception for a garage conversion, located at 3155 Ponds Edge Trl., legally described as Lot 41, Block 12, Kirby Creek Village Addition No.8, City of Grand Prairie, Dallas County, Texas, zoned Planned Development-127 ] NEXT CASE, WHICH IS ZBA 2 4 0 6 0 0 3 3. THANK YOU MR. CHAIR. THE LAST ITEM ON YOUR AGENDA IS A GARAGE CONVERSION REQUEST OR SPECIAL EXCEPTION REQUEST FOR A GARAGE CONVERSION FOR A PROPERTY AT 31 55 POND EDGE TRAIL. UH, THIS PROPERTY IS ZONED PLAN DEVELOPMENT 1 27. UH, THIS SPECIAL EXCEPTION AGAIN BEING THAT REQUEST FOR A GARAGE CONVERSION AND THE REQUIREMENT BEING TWO OFF STREET PARKING SPACES WITH THEM HAVING, UH, AMPLE PARKING, TWO PLUS PARKING OFF STREET PARKING SPACES ON THE SCREEN, YOU'LL SEE A GENERAL LOCATION OF THE PROPERTY AND YOU WILL SEE A PROPOSED FLOOR PLAN. UH, THIS PROPERTY OR THIS APPLICANT HAS NOT STARTED THE WORK. SO THEY'VE GONE THROUGH THE PROPER PERMITTING CHANNELS AS WELL AS THIS BOARD TO GET THAT APPROVAL. AND YOU WILL SEE AN IMAGE ON SCREEN OF THE CURRENT'S GARAGE DOOR. LIKE I MENTIONED, NO WORK HAS BEEN DONE. UM, AND YOU'LL SEE AN IMAGE ON SCREEN AS WELL OF THE PROPERTY WITH AMPLE PARKING. UH, TWO OFF STREET PARKING SPOTS BEING THE REQUIREMENTS. AS YOU CAN SEE, THEY HAVE MORE THAN TWO, UH, ON PROPERTY. SO IN REGARDS TO THIS CASE, UH, 28 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR WERE OPPOSED. AND THERE IS AN HOA, UH, WITHIN THAT NEIGHBORHOOD AND LIKE I MENTIONED DURING THE BRIEFING, WE HAVE, UH, INFORMED DHOA OF THIS REQUEST AND STAFF DOES NOT OBJECT TO THE REQUEST. UH, I DON'T SEE THE APPLICANT HERE TONIGHT, BUT UH, IF I'M MISTAKEN, THEY CAN COME UP HERE AND ANSWER ANY QUESTIONS. OKAY. SO, UM, STAFF DOESN'T OBJECT. WE DISCUSSED IN EARLIER SESSIONS THAT, YOU KNOW, WE'RE NOT BEHOLDEN TO HOAS AS A COURTESY. WE CORRECT. WE INFORM AND WE HAVE NO LETTERS OF OPPOSITION FROM ANYONE. OPPOSITION INCLUDING HOA. OKAY. CORRECT. UH, ANYONE HAVE ANY QUESTIONS FOR STAFF ON THIS PARTICULAR CASE? TO MY LEFT, DO YOU, DO YOU THINK THE HOAS IS GONNA APPROVE? SO AS FAR AS GARAGE CONVERSIONS, UH, I THINK IN THE PAST WE HAVEN'T TYPICALLY ASKED FOR A LETTER OF APPROVAL FROM THE HOA. TYPICALLY WHAT WE ASK FROM THE HOA IS, UH, LETTERS OF APPROVAL FOR ACCESSORY STRUCTURES, THAT BEING CARPORTS, UM, SHEDS ANYTHING THAT YOU WOULD CONSIDER A FREESTANDING STRUCTURE, UM, BUT NOT TYPICALLY FOR A GARAGE CONVERSION CONVERSION. CORRECT. I BELIEVE THAT A CONVERSION FALLS PRETTY MUCH UNDER YOUR ROOF LINE ANYWAY. CORRECT. AS OPPOSED TO NEW STRUCTURES AND MANUFACTURERS. YEAH, I MEAN, I'M LOOKING AT THE GOOGLE MAPS OF THIS NEIGHBORHOOD. IT'S A PRETTY NICE NEIGHBORHOOD. I'M KIND OF SURPRISED WE DIDN'T GET ANY, YOU KNOW, COMPLAINTS FROM ANYBODY IN THIS NEIGHBORHOOD. SO, WELL, THE STAFF DOESN'T OBJECT TO THE AS REQUESTED. UH, HOA, NOBODY'S, NOBODY'S FILLED OUT ANYTHING. SO. AND THERE ARE OTHER CARPORTS IN THIS AREA. I MEAN, UH, GARAGE CONVERSIONS IN THIS AREA? NOT WITHIN 300 FEET, NOT WITHIN OUR REQUIREMENT, BUT THERE ARE SOME IN THE NEIGHBORHOOD. THERE ARE A FEW BLOCKS UP THOUGH. HMM. OUTSIDE OF 300 FOOT REQUIREMENT. OKAY. WHAT IS, WHAT IS THE PLEASURE OF WITHOUT THE APPLICANT HERE VOTING OR NOT VOTING? IS THAT, OR IS THIS ANOTHER ONE ON A TABLE WITH THE APPLICANT? YOU, YOU FEEL LIKE WE I NO, THIS IS A VERY NICE, VERY, YOU'D LIKE SOME INPUT FROM APPLICANTS AND ANYBODY ELSE? YEAH, IT IS SHOCKED THEY'RE NOT HERE. BOARD DISCRETION ON THE BOARD. AND JUST TO, JUST TO BE CLEAR, THERE'S THREE OF YOU IN THE AUDIENCE THAT HAVEN'T, BUT YOU'RE NOT HERE FOR THIS CASE, CORRECT? CORRECT. NO. OKAY. BOY, I GET NERVOUS ABOUT CITIZEN COMMENTS WHEN I GOT THIS MANY PEOPLE HERE. . AH, ABOUT TO CALL ME TO TASK. UM, SO THIS IS THE BOARD'S DISCRETION AGAIN, TO APPROVE THIS OUTRIGHT, WE WOULD NEED SEVEN TO ZERO. UH, OR WE, YOU CAN MAKE A MOTION OUTTA WAY IF YOU WANNA MAKE A MOTION, GO AHEAD. NO, BUT I, BUT I DON'T THINK I VOTE ON THIS AS IN VOTE FOR IT. OKAY. WELL EVERYBODY HAS ONE VOTE. IF YOUR INDICATION IS THAT, THAT TELLS US THE SLOPE WE'RE GOING DOWN. UH, SO IT IS WHATEVER YOUR PLEASURE, BUT WE'LL NEED TO CLOSE PUBLIC HEARING AND MAKE A MOTION TO EITHER TABLE OR VOTE UP OR DOWN. I WILL, UH, MAKE A MOTION TO CLOSE PUBLIC HEARING AND TABLE THIS ITEM AND INVITE THE APPLICANT TO ATTEND IN PERSON. NEXT TIME I HAVE A MOTION TO TABLE. CAN I GET A SECOND, SECOND, SECOND FOR MR. EPO. UH, MOTION TO TABLE FROM MR. DEAN. ANY FURTHER DISCUSSION? EVERYBODY KNOWS WHAT WE'RE VOTING. WE ARE BECOMING THE TABLE EXPERTS COMMITTEE. UH, [00:50:01] ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND. MAKE IT OFFICIAL BY A COUNT OF SEVEN. OH, WE ARE TABLING THIS ONE UNTIL THE APPLICANT CAN GET IN HERE AND MAKE SURE EVERYBODY'S COMFORTABLE WITH IT. UH, NEXT ITEM. I'M ON THE AGENDA AS CITIZEN COMMENTS. I NOW SHEEPISHLY LOOK UP AND SEE IF ANYONE'S FILLED OUT A CARD FOR CITIZEN COMMENTS. NO. ARE YOU JUST COMING TO SEE WHAT THE PROCESS? I APPLAUD YOU FOR COMING OUT HERE. WE HAVE AIR CONDITIONING, WHICH IS BETTER THAN BEING OUTSIDE, I GUESS. UM, THEN IF THERE'S NO OTHER BUSINESS BEFORE THIS COMMITTEE, WE ARE ADJOURNED AT 6:35 PM THANK YOU FOR COMING OUT EVERYBODY. BE SAFE. * 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.