[00:00:02]
[BRIEFING SESSION - 5:30 PM]
TO THE STAFF BRIEFING.UH, DO I HAVE A MIC SOMEWHERE OR NO? IT'S, WHAT THE HECK? WHO WAS THE LAST ONE HERE, MAYOR LAST NIGHT.
WELCOME TO THE STAFF BRIEFING, THE BOARD OF ADJUSTMENTS AND APPEALS FOR THE MEETING OF JANUARY 22ND, 2025.
I, I'M BARRY SANDIS, CHAIRMAN OF THE ZONING BOARD OF ADJUSTMENTS.
THIS STAFF BRIEFING IS HEREBY CALLED TO ORDER AT 5:31 PM THIS IS THE PORTION OF THE MEETING 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 CAN 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, JUST LIKE THIS.
SO WE DO HAVE 3, 4, 5, 6, 7, 8, 9 PEOPLE HERE.
WE HAVE A QUORUM WITH WHO WE HAVE.
SO WE ARE READY TO PROCEED IF YOU'LL, UH, LET THE RECORD SHOW THAT WE HAD NINE MEMBERS PRESENT.
UM, AS WE WALK IN THE DOOR, KIMBERLY RO IS SHOWING UP IN THE DOOR WITH THE FABULOUS CASH.
UM, SO WE'RE NOW GONNA HAVE 10 WHEN KIMBERLY'S HERE.
BUT SINCE, SINCE ERIC BAILED LAST TIME, WE'LL GIVE YOU A CLAP OUT.
PLEASE REMEMBER TO TURN ON YOUR MICROPHONES BEFORE YOU SPEAK TO ENSURE THAT EVERYONE CAN HEAR YOU.
AND NOW WE'LL MOVE THE STAFF PRESENTATION OF THE CASES.
WHICH TIME BELIEVE YOUR ANSWER.
I'LL BE PRESENTING YOUR ITEMS. STAND ON THE AGENDA STARTING OVER WITH ITEM NUMBER TWO.
THIS IS EBA TWO FOUR DASH 10 DASH 0 0 4 7.
THIS IS A VARIANCE REQUEST FOR MAXIMUM FENCE HEIGHTS FOR A PROPERTY LOCATED AT 27 15 WETLAND ROAD.
AS YOU CAN SEE ON SCREEN, YOU'LL SEE A GENERAL LOCATION MAP OF THAT PROPERTY.
THE PROPERTY IS ON SINGLE FAMILY ONE RESIDENTIAL, AND THE REQUEST AGAIN IS BEING TO INCREASE THE MAXIMUM HEIGHT ALLOWED FOR A FRONT YARD FENCE FROM THE MAXIMUM HEIGHT ALLOWED BEING THREE FEET.
THAT'S THAT BEING THE MOST RESTRICTIVE HEIGHT TO SIX FEET.
THIS IS A SITE PLAN OF THE EXISTING FENCE.
SO AS YOU CAN SEE ON SCREEN, THAT THAT IS MARKED YELLOW IS WHERE THE FENCE IS CURRENTLY OR HAS CURRENTLY BEEN, UH, ERECTED.
ALONG THE FRONT AND SIDE SETBACK IS OUR CONCERN FOR THIS ITEM.
SO, LIKE I MENTIONED EARLIER, THIS FENCE HAS BEEN ERECTED.
UH, THESE ARE SOME OF THE IMAGES OF THAT FENCE.
IT DOES CHANGE UP A LITTLE BIT.
SO WHERE YOU SEE THIS GATE HERE THAT IS MASONRY WITH WROUGHT IRON, UH, AND AS IT GOES ONTO THE NEIGHBORING PROPERTY LINE, UM, THERE YOU'LL SEE IT'S MADE OF WOODEN PANEL WITH THE CONSISTENT HEIGHT OF SIX FEET.
SO REGARDING THIS CASE, THERE, UH, HAS BEEN SOME, UM, BACKGROUND THAT WE WANTED TO INFORM THE BOARD OF.
UH, THE APPLICANT, UH, DID NOT OBTAIN ANY PERMITS AT THE BEGINNING OF THIS CONSTRUCTION OF THE FENCE.
UM, HE WAS GIVEN, UH, A STOP ORDER, UH, FROM CODE ENFORCEMENTS.
UM, REGARDLESS OF THIS, HE CONTINUED WITH THE CONSTRUCTION OF THE FENCE AND NOW HAS FINISHED THE FENCE IN ITS ENTIRETY.
UH, AND THEY ARE REQUESTING THIS VARIANCE TO GET EVERYTHING CLEANED UP TO ALLOW THE VARIANCE FOR THE MAX HEIGHTS AND TO CONTINUE WITH THEIR PERMITS.
AGAIN, I JUST WANNA REITERATE THAT THIS IS ONLY FOR THE MAX HEIGHTS.
SO, UH, THE MOST RESTRICTIVE HEIGHT THAT WE HAVE, UH, WOULD BE THREE FEET, AND THEY'RE ASKING FOR SIX FEET.
AGAIN, THIS HAS BEEN CONSTRUCTED AND IN REGARDS TO ZBA, A TWO FOUR DASH 10 DASH 0 4 7 46 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR AND TWO DID RETURN IN OPPOSITION.
THERE IS NOT AN HOA AND WHILE STAFF CANNOT FULLY SUPPORT THE REQUEST, AS IS STAFF DOES NOT REJECT,
[00:05:01]
AND I WILL ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE.SO THE ONLY ISSUE BEFORE ZBA TONIGHT IS WHETHER THE CURRENT REGULATIONS ARE THREE FEET BECAUSE IT'S ON THE FRONT OF THE PROPERTY RIGHT IN FRONT, IN THE FRONT YARD.
AND IT NEEDS TO, AND THIS FENCE HAD BEEN BUILT TO SIX.
HAD WE PULLED PERMITS, WE'D ASK FOR IT ANYWAY, BUT WHAT, WHAT THEY'RE PROBABLY ASKING FOR IF, FOR RELIEF IS IF WE'LL ALLOW 'EM TO KEEP A SIX FOOT FENCE IN THE FRONT.
I MEAN, MY PERSONAL OPINION IS AT LEAST IT'S NICE AND IRON AND WELL CLEAN AND PUT TOGETHER AS OPPOSED TO SLIP SHOT.
IF WE'RE GONNA HAVE THAT, I CERTAINLY UNDERSTAND HAVING FENCES, BUT WE'LL GET INTO THE REGULAR CASE.
ANYONE ELSE HAVE QUESTIONS FOR STAFF ON MY LEFT? HOW ABOUT TO MY RIGHT TIMOTHY? IS THE, UH, IS THAT GOING TO BE THE ONLY ONE IN THAT VICINITY OR THERE ARE OTHERS THAT WILL BE SIX FEET HIGH? SO AS YOU CAN SEE HERE ON THIS IMAGE, UH, WHERE I'M HOVERING MY MOUSE OVER, THEY HAVE LINED UP THE FENCE WITH A NEIGHBORING SCREEN WALL FOR A RESIDENTIAL DEVELOPMENT THAT WENT INTO PLACE THERE.
SO THEY'VE LINED IT UP AND THAT WAS INITIALLY WHAT THE REASONING WAS FOR PUTTING THAT FENCE THERE.
THEY THOUGHT THAT THAT WAS WHERE THEY WERE ALLOWED TO PUT THE FENCE.
UM, AND THAT NEIGHBORING SCREENING WALL IS SIX FEET AS WELL.
SO, TER TERMINOLOGY, YOU'RE USING THE TERM WALL AND SCREEN FE UH, SCREEN WALL AND FENCE TO A LAYMAN.
ISN'T THAT THE SAME THING? YES.
SO IT IS A MASONRY FENCE, UH, THAT IS NEIGHBORING THAT PROPERTY.
SO I COULD SEE HOW A RESIDENT WOULD LOOK AT THAT AND GO, WELL, WE'VE ALREADY LET 'EM BUILD A SIX FOOT FENCE.
I'M JUST GONNA BUILD A SIX FOOT BACK AND UP TO IT.
WE'RE SAYING BECAUSE THIS IS A FENCE, INSTEAD OF A NEIGHBORHOOD SCREEN WALL, IT'S GOT A DIFFERENT CLASSIFICATION OR THERE ARE DIFFERENT REGULATIONS THAT GO INTO PLACE, UH, DIFFERENT REQUIREMENTS YOU CAN SAY FOR SUCH AS A PLAN DEVELOPMENT OR A RESIDENTIAL DEVELOPMENT, LIKE THE ONE THAT'S NEIGHBORING THIS PROPERTY.
SO THIS PROPERTY JUST HAPPENS TO BACK UP TO A DEVELOPMENT.
SO THEY HAVE A SCREEN WALL THAT'S ALREADY AT SIX FEET.
SO TECHNICALLY IT'S AN ABUTTING OF DEVELOPMENT, ABUTTING THAT.
SO DOES THAT ANSWER YOUR QUESTION, MR. BPO? YES.
JUST, JUST TWO CLARIFICATIONS.
I BELIEVE WE MIGHT HAVE, UH, MISSPOKEN ABOUT THE VARIANCE REQUIREMENT.
THEY CAN GO, ACTUALLY, THEY'RE ALL ALLOWED TO HAVE IT UP TO FOUR FEET.
I BELIEVE THERE MIGHT HAVE BEEN A TIME WHERE THE STAFF MIGHT HAVE SAID THAT IT'S THREE FEET.
UM, ACTUALLY THEY ARE ALL ALLOWED AT FOUR FEET, SO THEY JUST NEED A VARIANCE FROM THE FOUR FEET.
SO, SO NOW TONIGHT WE'RE DECIDING ON TWO FEET.
FOUR, FOUR TO SIX IS BASICALLY WHAT WE'RE ASKING.
SO THIS IS A LITTLE COMPLEX AND I'LL EXPLAIN IT.
UM, IN THE FRONT YOU'LL SEE THAT IT'S WROUGHT IRON.
THAT'S WHAT WE CONSIDER TRANSPARENT, RIGHT? THAT IS A FOUR.
YOU ARE ALLOWED UP TO FOUR FEET.
ALRIGHT? BUT AS YOU CAN SEE, IT GOES ONTO THAT SIDE THERE.
THAT'S WOODEN PANEL THAT'S NOT TRANSPARENT.
AND FROM MY UNDERSTANDING, THAT'S A THREE FEET MAX, BUT IT IS ALL WITHIN THE FRONT SETBACK.
AND YOU CORRECT ME IF I'M YES, IT IS CORRECT.
SO A PORTION IS FOUR FEET, A PORTION IS THREE FEET.
AND JUST TO CLARIFY, SCREENING WALLS ARE TYPICALLY REQUIRED BECAUSE YOU JUST WANNA MAKE SURE THAT THEY ARE SEPARATED AND, YOU KNOW, PRIVACY OF THE RESIDENTS OR PROTECTED.
THESE ARE THE SCREENING THAT IS NOT REQUIRED.
HOWEVER, THEY HAVE AN OPTION TO APPLY FOR BUILDING PERMIT AND CONSTRUCT IT IF THEY DESIRE TO DO SO.
HOWEVER, THE APPLICANT DID NOT, UM, GET A PERMIT AND DID NOT REALIZE THAT THERE WAS A HEIGHT LIMITATION.
WELL, TO MR. EBITDA'S QUESTION, I JUST WANTED TO CLARIFY THAT CLEARLY RIGHT THERE, ADJACENT TO HIS PROPERTY IS A, BUT IT, IT'S NOT A FENCE, IT'S A SCREEN WALL.
SO SEMANTICS, AND THAT HAS TO DO WITH A LOT OF HOW PLANNING DEPARTMENTS AND CITIES VIEW THESE THINGS IN NEIGHBORHOOD BUFFERS.
BUT AS FAR AS A STRUCTURE, MR. EPO, IT SOUNDS LIKE THERE IS A SIX FOOT ONE JUST ON THE PROPERTY LINE
ANY OTHER QUESTIONS ON THIS PARTICULAR CASE FROM OUR BOARD? IF NOT, WE CAN MOVE ON TO THE NEXT CASE.
MOVING, MOVING ON TO ITEM NUMBER THREE ON YOUR, YOUR AGENDA TONIGHT.
THIS IS ZBA TWO FOUR DASH 12 DASH 0 53.
THIS IS A SPECIAL EXCEPTION REQUEST FOR A GARAGE CONVERSION FOR A PROPERTY LOCATED AT 4 2 1 4 2 1 4 SEAL LANE.
THIS PROPERTY IS ON SINGLE FAMILY THIRD RESIDENTIAL, AND ON SCREEN YOU'LL SEE A GENERAL LOCATION MAP OF THAT PROPERTY.
THE REQUIREMENTS, AGAIN, WE'VE BEEN OVER THIS IN THE PAST, UH, FOR PROPERTIES WE TYPICALLY LOOK FOR MINIMUM TWO GARAGE PARKING SPACES.
UM, AND SO THEY'RE WANTING TO DEVIATE FROM THAT REQUIREMENTS.
THAT IS WHAT IS BEFORE YOU TONIGHT.
SO THEY HAVE, UH, WE HAVE A REQUIREMENT THAT THEY PROVIDE TWO OFF STREET PARKING SPACES AND THEY HAVE PROVIDED THOSE, UH, THIS IS A PROXIMITY MAP THAT WE HAVE SHOWN IN THE PAST.
UM, AS YOU CAN SEE HIGHLIGHTED IN YELLOW, THAT IS THE PROPERTY WITH THE, UH, REQUEST IN FRONT OF YOU TONIGHT.
AND IN IN RED, UH, OUTLINE YOU'LL SEE THOSE ARE, UH, EXISTING LEGALLY CONVERTED GARAGES INTO LIVING SPACES.
UM, SO YOU CAN SEE THERE'S A FEW WITHIN THAT NEIGHBORHOOD.
HOWEVER, NONE FALL WITHIN 300 FEET, WHICH IS THE RULE TO
[00:10:01]
BE ADMINISTRATIVELY APPROVED FOR SOMETHING LIKE THIS.SO THAT IS WHY THE CASE IS IN FRONT OF YOU TONIGHT.
ON SCREEN YOU'LL SEE TWO SITE PLANS, ONE OF AN EXISTING FLOOR PLAN AND ONE OF A PROPOSED FLOOR PLAN.
AS YOU CAN SEE ON THE EXISTING ONE, THERE IS THE GARAGE SPACE, AND ON THE PROPOSED THEY HAVE, UH, THE WALL SEPARATING THE MIDDLE OR A WALL SEPARATING THE, UH, GARAGE INTO TWO SPACES AND THEN A SMALL, UH, LAUNDRY ROOM.
THIS WORK HAS BEEN DONE ALREADY.
AND SO THE APPLICANT HAS COME BEFORE OR IS COMING BEFORE YOU TONIGHT TO GET EVERYTHING RECTIFIED AS WELL.
GET EVERYTHING CORRECTED, UM, SO THAT THEY CAN MOVE FORWARD WITH ATTAINING PERMITS IF ALLOWED.
AND THIS IS AN IMAGE FROM THE STREET VIEW, SO THEY'RE NOT PLANNING ON COVERING UP THOSE GARAGE DOORS.
AND SO W EBA TWO FOUR DASH 12 DASH 0 5 3 53 NOTICES WERE SENT, FILED ZERO RETURN IN FAVOR OR OPPOSED.
THERE IS NOT AN HOA AND STAFF DOES NOT OBJECT TO THE REQUEST.
I CAN ANSWER ANY QUESTIONS AT THIS MOMENT.
ANY QUESTIONS? THE STAFF, I MEAN, TURN MY MIC BACK ON SINCE I ADMONISHED EVERYBODY TO DO THAT.
MS. AK, UH, HOW DID THEY FIND OUT IT WAS DONE? TYPICALLY, CODE ENFORCEMENT WILL CATCH THESE CASES.
UH, THEY'LL DO THE WORK AND THEY'LL HAVE EITHER LIKE A DUMPSTER OR SOME MATERIAL LAYING OUT IN THE DRIVEWAY, AND CODE ENFORCEMENT WILL STOP BY AND ASK FOR A PERMIT, AND THAT'S HOW THEY GET CAUGHT.
SO THEY'LL ASK FOR A PERMIT BECAUSE THERE'S STUFF OUT IN THE FRONT AND THEY'RE WONDERING WHY THAT'S THERE.
CODE ENFORCEMENT WILL PASS BY AND ASK THEM FOR A PERMIT.
AND THEN OBVIOUSLY THEY CAN'T PROVIDE ONE.
SO THEN THEY SAY, OKAY,
ANY OTHER QUESTIONS? TO MY LEFT? SEEING NONE, ANY QUESTION.
MR. APU, HOW MANY, UH, CAR SPECIES AVAILABLE IN FRONT OF THE HOUSE? THEY HAVE TWO PLUS.
SO LOOKS LIKE YOU COULD ALMOST PUT FOUR CARS IN FRONT OF THE CLOSED DOORS.
FOUR CARS AND ONE'S GONNA BE A GARAGE ANYWAY, EVEN IF YOU, WELL, HE'S LEAVING.
THIS WILL BE AN OFFICE AND THEN HE JUST MARKED GARAGE TO LABEL THAT SPACE.
IT'S GONNA BE LIKE A SMALL WORKSHOP.
IT'S GONNA BE LIKE, WHAT'S ON THE RIGHT? SORRY.
EXISTING VERSUS, OKAY, GOOD QUESTIONS PROPOSED.
WE CAN MOVE ON TO OUR THIRD CASE.
MOVING ON TO ITEM NUMBER FOUR.
THIS IS EBA TWO FOUR DASH 12 DASH 0 5 5.
THIS IS A VARIANCE REQUEST TO REDUCE THE MINIMUM REAR INSIDE YOUR SETBACK.
THE PROPERTY IS LOCATED AT 1701 INDEPENDENCE TRAIL.
UH, AS YOU CAN SEE THAT THERE'S A GENERAL LOCATION MAP AND THE PD IS, UH, ZONED 81.
THE REDUCE THE REQUEST IS TO REDUCE THAT SIDE AND REAR MINIMUM SETBACK.
SO THEY'RE REQUESTING FROM A REQUIRED OF SIDE SETBACK OF SIX FEET TO FIVE FEET AND THEN A REQUIRED REAR SETBACK OF 10 FEET TO ZERO FEET.
THIS IS THEIR GENERAL SIDE PLAN THAT THEY HAVE PROVIDED.
SO AS YOU CAN SEE, HERE'S THE FRONT OF THE HOME TO BACK UP INTO AN ALLEYWAY.
AND THIS IS THE STRUCTURE, UH, IN QUESTION.
SO JUST FOR SOME CLARIFICATION, THESE REQUESTS ARE BEING CLASSIFIED AS, UH, A VARIANCE FOR THOSE SETBACKS FOR A PRIMARY STRUCTURE.
THESE, THIS STRUCTURE IN QUESTION IS ATTACHED TO THE MAIN STRUCTURE.
SO INITIALLY, TO GIVE YOU SOME BACKGROUND ON THIS, THIS WAS INITIALLY, UH, AN ACCESSORY STRUCTURE THAT OVER TIME WAS SLOWLY CONVERTED INTO, UH, AN ADDITION.
UM, NOT ALL THE PERMITS WERE OBTAINED AND DOING SO.
AND AGAIN, THE APPLICANT IS HERE, UH, WITH THIS REQUEST TO GET EVERYTHING, UH, SORTED OUT TO GET THE VARIANCE IF GRANTED, AND THEN MOVE ON TO, UH, BUILDING PERMITS.
AND THIS IS AN IMAGE FROM THE REAR ALLEY.
UM, SO AS YOU CAN SEE, IT BACKS UP PRETTY MUCH TO THAT REAR PROPERTY LINE.
SO IN REGARDS TO ZBA TWO FOUR DASH 12 DASH 0 5 3 46, NOTICES WERE SENT OUT, TWO WERE RETURNED IN FAVOR, ZERO RETURN OPPOSED.
AND THERE IS NOT AN HOA AND STAFF DOES NOT OBJECT TO THE REQUEST AS IS.
I WILL ENTERTAIN ANY QUESTIONS.
CAN YOU TAKE US BACK TO TWO SLIDES TO THE, UH, ONE BEFORE THAT? SO AS I UNDERSTAND WHAT, FROM AN ACCESSORY STRUCTURE TO AN EXPANSION TO THE BUILDING, A LOT, ONE STEP HAS TO BE THE, THAT THE ROOF LINE'S TIED IN.
IS THAT ACCURATE OR NO? YES, BECAUSE I SEE THIS IS NOW THEY'VE TIED IN THE SAME ROOFING MATERIALS.
[00:15:01]
OBVIOUSLY, BUT YOU'RE CORRECT.UM, AND THEY HAVE PROVIDED THAT AND THAT, THAT FED.
NOW I REMEMBER YOU SAID IN THE PRESENTATION THAT NOT ALL PERMITS WERE PREVIOUSLY YES.
OBTAINED AT THE RIGHT TIME, BUT MM-HMM
THEY, IT LOOKS LIKE STRUCTURALLY WE'RE DOING WHAT WOULD MOVE IT TO BE AN EXPANSION OF THE PROPERTY INSTEAD OF A, THAT'S ACCESSORY STRUCTURE, RIGHT? CORRECT.
A GENERAL MOVEMENT TO GET EVERYTHING SORTED OUT.
QUESTIONS TO MY LEFT OF STAFF, BARRY? YES, SIR.
DOWN THE, UH, SIDE, IT LOOKS LIKE THE STRUCTURE LINES UP WITH THE HOUSE, RIGHT? YES.
IT'S, SO, IT, SO THE HOUSE IS ALREADY SITTING PRETTY MUCH ON THAT LINE.
SO THE, CAN THE ACCESSORY STRUCTURE SIT ON THAT LINE IS WHAT WE'RE BEING ASKED.
AND THEN ALSO, BUT IT'S STILL ALSO TOO NARROW IN THE BACK, RIGHT? YES.
IT'S TOO NARROW IN THE BACK FOR, UH, THE REGULAR REAR SETBACK.
AND THEN THEY ARE ENCROACHING, UH, ON THE SIDE SETBACK.
IT'S KINDA HARD TO SEE ON THIS IMAGE, BUT THEY HAVE, UM, LIKE A PATIO COVER AND SO THAT'S PART OF THE ISSUE.
SO JUST TO BE CLEAR, THAT THAT ZERO SETBACK IS THE STRUCTURE BUTTING UP TO THE BACK FENCE, IS THAT CORRECT? THAT'S CORRECT.
UH, WHERE I'M HOVERING MY MOUSE, THAT'S THE REAR.
ANY OTHER QUESTIONS? MR. APO, WHAT'S YOUR ASSESSMENT OF THE SAFETY BASED ON THESE REDUCTIONS? DO YOU THINK IT'LL BE SAFE IN TERMS OF FIRE? AND TIFFANY, IF YOU STICK YOUR HAND UP, THIS GENTLEMAN'S GOT A CARD.
UH, AND AND YOU, WHEN YOU SAY SAFETY, YOU MEAN IN TERMS? CAN YOU BE SPECIFIC? IN WHAT TERMS? LIKE IN TERMS OF FIRE, SAFETY, FIRE, UM, HONESTLY I THINK THAT'S SOMETHING WE CAN TALK TO THE FIRE DEPARTMENT ABOUT DURING OUR PERMITTING PROCESS.
THIS IS JUST FOR IT TO BE FOR THE REAR SETBACK.
AND JUNE, IF YOU HAVE ANY COMMENTS ON THAT.
SO, UM, WHATEVER THE FIRE SAFETY, THEY'LL REVIEW IT PER BUILDING CODE.
AS, UM, SALVADOR MENTIONED, TYPICALLY FIRE CODE ISSUES, IT BECOMES AN ISSUE WHEN, UM, THEY'RE TOO CLOSE TO A NEIGHBOR WHEN THEY'RE CLOSE TO THEIR HOME.
UM, USUALLY THAT'S NOT THE PRIMARY ISSUE.
HOWEVER, IF THEY ARE TOO CLOSE TO THE SIDE YARD WHERE IT WILL CAUSE AN ISSUE FOR THE NE NEXT DOOR NEIGHBOR TO BUILD ANYTHING THAT CLOSE, THEN THEY WILL HAVE TO, UH, PROVIDE A FIRE RATED WALL RATHER THAN TYPICAL, UM, WALLS.
AND I THINK WE HAVE SEEN SOME CASES WHERE THEY CAME AT WITH SAYING, HEY, WE ARE PROVIDING TWO HOUR RATING VIA RADIO WALL AT THIS LOCATION.
SO AGAIN, IF THAT'S A REQUIREMENT, THEY WOULD REQUIRE THAT DURING THE BUILDING PERMIT PROCESSOR.
SO THE ONLY ISSUE, AS I UNDERSTAND IT BEFORE ZBA TONIGHT IS TO APPROVE OR NOT APPROVE A GARAGE CONVERSION, WHICH CLEANS UP SOME OF THIS WORK THAT'S DONE ON PERMITTED AT THIS POINT.
YOU MEAN THE SEPARATE FOR THE SITE BACK, RIGHT? SORRY, I'M SORRY, I WAS READING THE OTHER THING JUST FOR EVERYBODY'S CLARIFICATION.
I'M READING THE WRONG THING, BUT YEAH.
DOES THIS SET OVER ANY ELECTRICAL LINES, SEWER LINES? YOU KNOW, IT DOES NOT, HUH? IT DOES NOT.
ANY OTHER QUESTIONS? IF NOT, WE'LL MOVE ON TO OUR FOURTH CASE.
MOVING ON TO ITEM NUMBER FIVE ON YOUR AGENDA.
THIS IS ZBA DASH 24 DASH 12 DASH 0 5 9.
THIS IS A VARIANCE TO ALLOW A NON-REQUIRED FENCE IN THE BUILDING SETBACK TO INCREASE THE MAXIMUM HEIGHTS.
THE PROPERTIES ARE GENERALLY LOCATED AT 1300 AND 2000 WEST MARSHALL LANE WITH THE ZONING OF PD 1 3 2, PD 200 AND SF FOUR, SINGLE FAMILY FOUR RESIDENTIAL.
SO THE VARIANCES INCLUDE TO REDUCE THE MINIMUM SETBACK FOR FENCE FROM THE MOST RESTRICTIVE BEING 25 FEET ALL THE WAY TO ZERO FEET AND TO INCREASE THE MAXIMUM HEIGHT OF A TRANSPARENT, TRANSPARENT FENCE FROM BEING FOUR FEET ALL THE WAY TO EIGHT FEET.
UM, TO KIND OF SUMMARIZE THAT FOR YOU AND GIVE YOU AN ILLUSTRATION OF WHAT EXACTLY THE REQUEST IS, AND I'LL COME BACK TO THE SITE PLAN HERE IN A SECOND.
ESSENTIALLY, POLY AMERICA IS ASKING TO MOVE THEIR FENCE TO THEIR PROPERTY LINES.
UH, AND IT IS GONNA BE, OR THEY ARE REQUESTING A EIGHT FOOT FENCE AS YOU SEE ON THE IMAGE, UM, SO THAT THEY CAN PREVENT, UH, PEOPLE FROM TRANS, UH, TRESPASSING ONTO THEIR PROPERTY.
THEY HAVE HAD ISSUES WITH PEOPLE GOING ON THEIR PROPERTY RIDING ATVS, HORSES, ET CETERA.
AND SO THEY'RE SIMPLY EXPANDING THEIR FENCE.
THEY'RE WANTING TO EXPAND THEIR FENCE ALL THE WAY AROUND THEIR PROPERTY LINE TO PREVENT THAT ISSUE.
SO AS YOU CAN SEE SOME OF THE, UH, FENCE THERE AND BACK TO THIS IMAGE, AS YOU SEE SOME OF THE FENCE STOPS AND ALLOWS FOR GAPS, WHICH IS THE ISSUE THAT THEY'VE HAD.
UM, AND BACK TO THIS SITE PLAN.
SO, UH, THIS IS JUST SHOWING WHERE THE GAPS
[00:20:01]
WOULD BE FILLED IN FOR THAT FENCE.THERE IS EXISTING FENCE OUT THERE OF THAT MATERIAL.
IT JUST DOESN'T GO ALL THE WAY AROUND THEIR PROPERTY LINE.
WHAT GOOD IS A FENCE IF IT DOESN'T GO ALL THE WAY AROUND THE PROPERTY LINE?
THAT'S, I'M NOT THE SMARTEST COW IN THE PASTURE, BUT I CAN FIGURE THAT PART OUT.
SO IN REGARDS TO TWO FOUR ZBA TWO FOUR DASH 12 DASH 0 0 5 9, UM, 202 NOTICES WERE SENT OUT, ZERO WERE RETURN IN FAVOR, ONE RETURN IN OPPOSITION AND THERE IS NOT AN HOA AND STAFF DOES NOT OBJECT TO THE REQUEST.
HOWEVER, WE DID HAVE SOME ADDITIONAL CONDITIONS, UH, WITH NUMBER TWO BEING THE FENCE SITE VARIANCE ONLY APPLIES TO THE TRANSPARENT FENCES OR APPLIES TO THE TRANSPARENT FENCES ONLY.
AND THE LAST ONE BEING THE LOCATION OF THE FENCE SHALL MEET THE VISI VISIBILITY REQUIREMENTS OF OUR UT C.
THIS IS TO PREVENT, UH, ANY ISSUES DOWN THE LINE WITH SOMETHING THAT YOU MAY NOT WANT IT TO GRANTED WITH THIS VARIANCE IF YOU CHOOSE TO BRANCH IT.
OKAY? AND I CAN ENTERTAIN ANY QUESTIONS, QUESTIONS TO MY LEFT.
MS. WHO OBJECT? THE FENCE IS ALREADY THERE.
IS IT ALREADY EIGHT FOOT? YES, IT WILL MATCH THAT HEIGHT.
SO THEY'RE JUST GONNA CONTINUE ON WITH WHAT'S ALREADY THERE? THAT'S CORRECT.
THIS IS TO BE TEMPORARY OR PERMANENT.
ALRIGHT? WHY DOES THIS FEEL LIKE AN OLD BLACK AND WHITE KEYSTONE COPS THING WHERE THE, YOU KNOW, TRYING TO GET AWAY FROM THE GUY WITH THE FENCE AND THEN IF YOU STEP THREE FEET TO THE LEFT, THERE'S NO FENCE YOU CAN WALK OVER.
JUST DOESN'T SEEM TO DO THE JOB IF IT'S DOING THAT.
ALL RIGHT, NO FURTHER QUESTIONS.
IS THAT ALL WE HAVE FOR CASES TO PRESENT TONIGHT OR THAT IS ALL MR. CHAIR OUTSTANDING.
UH, WITH THAT BEING SAID, THIS CONCLUDES THE STAFF BRIEFING.
WE CANNOT BEGIN TILL FIVE TILL SIX O'CLOCK AND WE'LL BEGIN PROMPTLY AT SIX.
SO IF YOU NEED A COMFORT BREAK, RELIEF, ANYTHING OF ANY KIND, IF YOU'RE HERE TO SPEAK ON AN ISSUE, PLEASE FILL OUT A, UH, SPEAKER CARD AND PRESENT IT TO TIFFANY RIGHT THERE.
JUST TELLS ME WHAT CASE YOU'RE HERE TO SPEAK ON.
WE NEVER HAVE THIS MANY PEOPLE SHOW UP FOR ZBA.
SO THIS IS LIKE OUR BIG, BIG 2025 NEW YEAR KICKOFF.
I MIGHT FEEL DIFFERENT AFTERWARDS IF Y'ALL YELL AT ME FOR 30 MINUTES, BUT
ALL RIGHT, LET'S LIKE THIS CANDLE.
[Call to Order]
WELCOME TO THE CITY OF GRAND PRIX ZONING BOARD OF ADJUSTMENTS AND APPEALS MEETING FOR JANUARY 22ND, 2025.I'M BARRY SANDIS, CHAIRMAN OF THE ZONING BOARD OF APPEAL, UH, OF ADJUSTMENTS.
THIS MEETING IS HEREBY CALL TO ORDER AT 6:02 PM THE ZONING BOARD OF ADJUSTMENTS USUALLY MEETS THE THIRD MONDAY OF EACH MONTH.
ALL MEETINGS ARE VIDEO RECORDED.
NO OFFICIAL ACTION CAN 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 PRAIRIE'S UNIFIED DEVELOPMENT CODE AND FOLLOWS A PRINTED AGENDA THAT IS AVAILABLE ONLINE.
I ALSO BELIEVE WE HAVE SOME COPIES OUT IN THE HALL.
UM, 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 AN APPLICANT ON ANY MATTER ON WHICH THE BOARD HAS JURISDICTION.
NOW NOTICE THERE ARE NINE OF US UP HERE.
TO GET SOMETHING APPROVED, YOU NEED SEVEN.
UNLIKE OTHER BOARDS AND THINGS, THIS IS A QUASI, WE NEED A SUPER MAJORITY.
SO YOU GOTTA GET 7, 6, 6 AND THREE IS NOT A WINNING VOTE.
FIVE AND FOUR, NOT A WINNING VOTE.
SO AS WE HEAR THESE CASES, I WANT EVERYBODY TO UNDERSTAND YOU NEED SEVEN VOTES IN SUPPORT TO GET ANY CASE PASSED.
SOMETHING THAT KIND OF PASSES PEOPLE.
'CAUSE IT'S DIFFERENT THAN HOW CITY COUNCIL AND SOME OF THE OTHER STUFF WORKS.
UH, MEMBERS OF THE PUBLIC MAY ADDRESS THE BOARD ON ITEMS LISTED UNDER THE PUBLIC HEARING.
IF YOU'D WISH TO SPEAK OR BE HEARD OR EVEN REGISTER YOUR SUPPORT OR OPPOSITION TO ANY OF THE CASES, PLEASE FILL OUT ONE OF THESE WHITE CARDS THERE AT THE TOP OF THE, UH, JUST OUTSIDE THE DOOR.
AND GIVE THEM TO TIFFANY BULL THERE WHO'S NOT OUR ATTORNEY.
UH, SHE'S JUST HERE AS THE CARD LADY.
UM, AND, UH, WE WILL, EVERYONE GETS HEARD.
I WANT TO TELL ALL OF YOU, I MADE A LITTLE JOKE AS WE FINISHED UP BRIEFING.
THIS IS THE LARGEST CROWD IN MY TIME AS CHAIR AND I THINK IT'S AWESOME YOU GUYS GETTING UP AND COMING DOWN THERE.
HECK, WE BARELY WANT TO COME DOWN TO CITY COUNCIL CHAMBERS AND DO THESE THINGS AND WE'RE ON THE BOARD.
SO THE FACT THAT YOU GUYS ARE GETTING INVOLVED AND MAKING GRAND PRAIRIE A BETTER PLACE TO LIVE AND WORK AND, AND, AND, AND
[00:25:01]
RAISE OUR FAMILIES, GOOD FOR YOU.AND EVERYBODY IS GONNA GET HURT.
AND WE'LL, WE WILL RUN THROUGH THESE CASES AT THIS POINT.
I'LL NOW CONDUCT A ROLL CALL OF MEMBERS TO CONFIRM THE PRESENCE OF A QUORUM.
AFTER I CALL YOUR NAME, PLEASE SAY HERE, JUST LIKE BEFORE BARRY SAND.
SO I AM MISSING OUT ON ERICA DEAN HERE.
YEAH, YOU'RE ON THE SECOND PAGE.
SEE, THEY THROW ME OFF EVERY TIME THINKING I'M GONNA SWITCH.
SO WE DO HAVE NINE MEMBERS PRESENT, SO WE DO HAVE A QUORUM.
SO YOU'RE LOOKING GOOD AT GETTING YOUR SEVEN OF NINE.
LET THE RECORD REFLECT ALL WE DO.
HAVE NINE MEMBERS READY? UH, IF I CAN GET A BOARD MEMBER THAT'S WILLING TO DO THE INVOCATION.
ANYBODY WANNA RAISE A HAND? ARE WE ALL GONNA LOOK AWAY? ALL RIGHT, ERIC, IF YOU WILL, OUR MOST GRACIOUS OF FATHER, WE THANK YOU FOR ALLOWING US TO BE HERE THIS EVENING.
UH, LORD, I PRAY FOR WISDOM AS WE DEAL WITH THE CASES IN FRONT OF US.
AND I PRAY FOR PATIENCE, UM, ON ALL SIDES.
IN FAIRNESS, JUST SO YOU KNOW, YEARS AGO WE HAD A GENTLEMAN THAT ACTUALLY WORKED FOR THE CITY THEN HE WAS A RESIDENT HERE AND HE SERVED ON THIS BOARD.
HE WAS GOOD FOR THE INVOCATION EVERY TIME.
AND WE GOT TO WHERE WE DIDN'T EVEN ASK ANYBODY, WE JUST WENT WITH CLAYTON AND CLAYTON'S PASSED ON AND, AND MOVED ON AND WE, SO NOW IT THROWS ME OFF WHEN I'M LIKE, OH, I FORGOT TO DO THAT PART.
SO APPRECIATE YOUR INDULGENCE.
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.
UH, ONCE THE APPLICANT HAS SPOKEN, EACH MEMBER OF THE PUBLIC WHO FILLS OUT A SPEAKER CARD, WE'LL HAVE FIVE MINUTES TO SPEAK WITH A ADDITIONAL TIME ALLOWED AT THE DISCRETION OF THE CHAIRMAN.
SPEAKERS WILL GIVE THEIR NAME AND ADDRESS AS THE FIRST THINGS THEY SAY AT THE MICROPHONE.
EVERYTHING IS RECORDED ON THIS AND THERE IS A TRANSCRIPT, SO WE HAVE TO MAKE SURE EVERYTHING'S LEGAL.
GOT WHO YOU ARE, WHERE YOU LIVE.
THEN TELL US WHAT WE NEED TO HEAR ABOUT THIS PARTICULAR CASE.
UM, STAFF'S AVAILABLE TO RESPOND TO QUESTIONS FOLLOWING THE PRESENTATION OF EACH ITEM.
AN INDIVIDUAL WOULD LIKE TO SPEAK ON A TOPIC NOT COVERED ON THESE FOUR CASES CAN FILL OUT SOMETHING AND SPEAK AT THE END UNDER CITIZEN COMMENTS.
UH, GENERALLY DOESN'T HAPPEN IN THESE MEETINGS, BUT IT'S ALWAYS PART OF THE PROCESS.
[APPROVAL OF MINUTES]
OUR FIRST ACTION ITEM OF THE NIGHT IS APPROVAL OF THE MINUTES OF THE MEETING OF JANUARY, UH, NOT JANUARY 22ND, 2025.OUR MEETING ON DECEMBER THE 16TH, 2024 I BELIEVE.
IS THAT CORRECT COUNSELOR? MM-HMM
UH, IS THERE ANY MEMBER ON THE BOARD WHO WISHES TO SPEAK ON THE MINUTES? ANY MEMBER OF THE PUBLIC WISHES TO SPEAK ON THE MINUTES? IF NOT, I WILL ACCEPT A MOTION TO APPROVE THE MINUTES FROM DECEMBER 16TH, 2024.
MR. LANGSTON MAKES A MOTION TO APPROVE.
DO I HAVE A SECOND? I HAVE A SECOND FOR MR. EPO.
ANY FURTHER DISCUSSION? IF NOT ALL IN FAVOR OF APPROVING THE MINUTES, PLEASE RAISE YOUR RIGHT HAND, SAY AYE.
MOTION PASSES UNANIMOUSLY BY NINE TO ZERO, WHICH
[2. ZBA-24-010-0047 (Council District 4) – Variance to increase the maximum height allowed for a fence permitted under the Unified Development Code, located at 2715 Webb Lynn Rd., legally described as Lot 1, Block 1, Friendship Meadows Addition, City of Grand Prairie, Tarrant County, Texas, zoned Single Family-One Residential District ]
MOVES US ON TO THE PUBLIC HEARING PORTION OF OUR AGENDA.WE HAVE FOUR CASES LISTED ON THE AGENDA TONIGHT.
OUR NEXT CASE UP IS ZBA 2 4 0 1 0 0 0 4 7 SALVADOR.
UH, THE FIRST ITEM ON YOUR AGENDA TONIGHT, ITEM NUMBER TWO IS ZBA TWO FOUR DASH 10 DASH 0 4 7.
THIS IS A VARIANCE REQUEST FOR A MAX FENCE HEIGHTS FOR PROPERTY LOCATED AT 27 15 WEYLAND ROAD.
THE PROPERTY IS ZONED SINGLE FAMILY ONE RESIDENTIAL.
AND AGAIN, THAT VARIANCE IS TO INCREASE THAT MAX HEIGHTS FROM THE MOST RESTRICTIVE BEING THREE FEET TO SIX FEET TALL.
AND ON SCREEN YOU'LL SEE A GENERAL LOCATION MAP OF THAT PROPERTY.
ON SCREEN YOU'LL SEE A SIDE PLAN OF THE EXISTING, UH, FENCE.
SO IT DOES RUN ACROSS THE FRONT YARD THERE WITHIN THE FRONT SETBACK.
AND THESE ARE SOME GENERAL IMAGES OF THAT EXISTING FENCE.
SO AS YOU CAN SEE, IT IS WR IRON WITH MASONRY COLUMNS AS WELL AS WOODEN PANELS.
AND AGAIN, A A BIT OF BACKGROUND ON THIS, UH, REQUEST.
THE APPLICANT INITIALLY, UH, CONSTRUCTED THIS WITHOUT ANY PERMITS AND WAS, UH, ISSUED A STOP WORK ORDER FROM CODE ENFORCEMENT.
HOWEVER, CONTINUED TO CONSTRUCT OFFENSE AND IS COMPLETED AT THIS POINT.
UM, THEY'VE COME, UH, TONIGHT IN FRONT OF YOU WITH A REQUEST TO ALLOW FOR THAT MAXIMUM HEIGHT INCREASE SO THAT THEY CAN, UH, GET EVERYTHING SORTED AND PROCEED WITH THEIR PERMITS IF ALLOWED.
AND AS MENTIONED EARLIER IN THE BRIEFING, THERE IS AN
[00:30:01]
ABUTTING, UH, RESIDENTIAL DEVELOPMENT THAT HAS A SCREENING WALL OR MASONRY FENCE, UH, THAT IS ALIGNED WITH THE EXISTING FENCE OF THE APPLICANT AND AS WELL AS THE HEIGHT.SO IT'S KIND OF HARD TO SEE, BUT IF YOU SEE ON SCREEN WHERE I'M HOVERING WITH MY MOUSE, YOU'LL SEE THAT THERE IS, UH, A BRICK MASONRY SCREEN WALL THERE.
SO IN REGARDS TO ZBA, A 24 DASH 10 DASH 0 0 4 7, UH, 46 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR TO RETURN OPPOSED.
AND THERE'S NOT AN HOA WHILE, STAFF CANNOT FULLY SUPPORT CBA 24 DASH 10 DASH 0 0 4 7 AS REQUESTED.
STAFF DOES NOT OBJECT AND I CAN ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE AS WELL AS THE APPLICANT WHO IS HERE TONIGHT.
UH, ANY QUESTIONS OF STAFF TO MY LEFT? HOW ABOUT TO MY RIGHT? NO QUESTIONS.
I DON'T HAVE A SPEAKER CARD, BUT IS THE APPLICANT JOYCE SUBY IN THE ROOM? I'M DID YOU WANNA SPEAK? UM, JUST COME DOWN, SAY HI IF YOU'D LIKE.
I MEAN, LET YOU ANSWER QUESTION.
I MEAN, IF YOU HAVE ANY YEAH, WHY DON'T YOU COME DOWN IN CASE ANYBODY HAS ANY QUESTIONS FOR YOU AND WE, WE'LL DO A CARD AFTER THE FACT, BUT WE'RE OKAY HERE.
YOU GOT A CARD THERE IN YOUR HAND? I DID, BUT I THINK I PUT THE WRONG Z THE WRONG NUMBER ON IT.
START WITH YOUR NAME AND YOUR ADDRESS AND THEN ANYTHING WE NEED TO KNOW OR IF WE JUST HAVE QUESTIONS.
UM, JOYCE LYNN SUBBY? MM-HMM
AND I LIVE AT 27 15 WETLAND ROAD.
AND, UM, WE WERE, WE BOUGHT THIS HOUSE.
UM, WE, WE'VE BEEN THERE 22 YEARS.
AND, UM, WE JUST BEEN IMPROVING IT, IMPROVING IT, JUST FIXING IT UP.
IT'S IT HOW BIG A LOT IS IT? IT'S OLD KIND.
YEAH, I WAS GONNA SAY IT'S, WE SOLD A PART OF IT TO THE NEIGHBOR NEXT DOOR AND YEAH, WE, YEAH, WE, THERE WAS NOBODY OUT THERE.
THERE'S ONLY FIVE HOUSES THERE, BUT, AND SINCE THEN, JUST FOR FUN, BECAUSE WE STARTED WITH JOYCE'S NAME.
AND NOW THEY'RE GONNA RECORD THIS AND HEAR A VOICE.
AND WE DON'T KNOW IF IT'S HER BODYGUARD OR UBER DRIVER.
OH, THIS, THIS IS MY HUSBAND, MARTIN SUBBY.
I JUST, AND HE LIVES AT THE SAME TIME.
YOU KNOW, SOMEBODY'S GONNA TRANSCRIBE THIS LATER AND GO SUDDENLY THIS LADY STARTS TALKING AND A VOICE, MALE VOICE KICKED IN.
SO IT WAS, IT STARTED OFF AS THREE ACRES AND YOU SOLD OFF A CHUNK OF IT.
FRIEND OF MINE WANTED TO KNOW WHAT WE WERE DOING WITH THE OTHER PROPERTY THAT IT WAS OFF TO OUR SIDE.
IT WASN'T BLOCKING US, OUR VIEW FROM THE LAKE.
AND HE OFFERED TO BUY IT AND HE OFFERED TO PAVE THE, THE, UM, SUBDIVISION, YOU KNOW RIGHT.
WHICH CAME OUT OF OUR FINAL, UM, AMOUNT AT THE END.
BUT, WELL ANYWAY, HE'S GOT A SPECIAL, UM, MENTALLY CHALLENGED SON, UHHUH
AND HE WAS LOOKING FOR A REALLY GOOD SCHOOL TO PUT HIM IN.
'CAUSE HE HAD JUST GRADUATED HIGH SCHOOL UHHUH, HE COULDN'T FIND ANY IN DALLAS.
SO HE ENDED UP FINDING ONE IN AUSTIN, TEXAS AND MOVED DOWN THERE.
SO, SO THEN HE SOLD THE LAND TO, TO THE PEOPLE THAT ARE NEXT TO US.
SO IS IT ONE NEIGHBOR NEXT TO YOU? YEAH.
SO TELL ME, STAFF PRESENTED AND SHOWED US THE, UH, AND I, I'M SO SORRY, I FORGOT THE TERM ALREADY.
THE DIFFERENCE BETWEEN A FENCE AND A WALL, UH, SCREEN WALL.
WHAT IS, WHAT IS ON THE OTHER SIDE OF THE SCREEN WALL? IS THAT A DEVELOPMENT? A WHOLE DEVELOPMENT NEIGHBORHOOD? YEAH.
THEY WEREN'T THERE WHEN WE MOVED IN.
WE WERE JUST LIKE OUT THERE BY OURSELVES.
BUT THERE'S A WHOLE MILE OF SIX FOOT, UM, BRICK WALLS THE WHOLE WAY, WAY.
AND IT GETS DOWN, GETS OUR HOUSE ALL AND THEN I JUST KIND OF CONTINUED THAT HEIGHT.
THAT'S WHY, YOU KNOW, AND THE LOCATION TOO.
SO IT WASN'T STICKING WAY OUT.
IT'S JUST THAT OUR HOUSE, SINCE IT WAS AN OLD HOUSE, IT HAPPENS TO BE FACING WE ROAD, HER ADDRESS IS WETLAND ROAD WHERE ALL THE OTHER HOUSES, IT'S THE BACK OF THEIR HOUSE THAT HAVE THE HIGH FENCES.
AND WE DIDN'T KNOW, WE DIDN'T KNOW THAT.
WE THOUGHT WE'D JUST CONTINUE AT THE SAME HEIGHT.
WE HEAR THESE A LOT OF TIMES AND IT'S, PEOPLE DIDN'T KNOW OR DIDN'T KNOW TO CHECK AND I KNOW, I KNOW.
UNFORTUNATELY IT'S WHY WE COME DOWN HERE EVERY MONTH SO WE CAN YEAH.
AND NOW WE'VE DONE HERE LIKE 10, 10 TIMES SOME CASES WE CAN, WE CAN HELP IN SOME CASES WE CAN'T.
BUT I APPRECIATE YOU BEING HERE TO TELL US.
WHAT ELSE DO WE NEED TO KNOW ABOUT THIS? WELL, HE, IT WAS, THIS IS A DREAM THAT HE'S HAD WANTED THIS FENCE FOR OTHER HOUSE IN MANSFIELD.
I HOPE MY NEIGHBOR HAD A FENCE LIKE THAT.
FINALLY I GOT ENOUGH TO DO IT.
AND UH, AND IT WAS SO IS IT METAL ALL THE WAY AROUND OR IS IT NO, IT WOOD OUTSIDE FRONT? NO, JUST NO WOOD ALONG THE SIDE.
WOOD DOWN THE ONE SIDE AND CEDARWOOD AND THEN, UM, JUST WOOD IRON AND THE BRICK PILLARS.
AND HE WORKED SO HARD IN JULY ON THOSE BRICK FILL, WE, THE ONE SIDE'S WOOD BECAUSE OUR NEIGHBOR'S DOGS WERE BARKING AT US AND THEY WERE PLAYING BASKETBALL AND ALL THIS AND WE KIND OF SOUNDPROOFING.
THAT'S THE ONE THAT THEY ORIGINALLY COMPLAINED ABOUT.
THEY, NO ONE'S EVER COMPLAINED ABOUT THIS ONE.
[00:35:01]
HAD NOTHING BUT NEIGHBORS SAYING WHAT A BEAUTIFUL FENCE.WHAT A, YOU KNOW, WALKING THEIR DOGS AND THEY, EVERYONE SEEMED TO LIKE IT.
SO IT WAS ALL COUNTRY WHEN I MOVED OUT THERE.
AND, AND WE DID IT WELL A LOT FOR SECURITY TOO.
'CAUSE A LOT OF, UM, YOUNG KIDS DRIVE THEIR CARS DOWN THERE MM-HMM
AND THEY, THEY DO THE CIRCLES, YOU KNOW, AND, AND A LOT OF TIMES THEY TURN MAKE U-TURNS RIGHT IN THEIR FRONT YARD AND PUT BIG RUTS IN WITH THEIR CARS AND THE LAKES BEHIND OUR HOUSE YOU COULD SEE THE LAKE AND PEOPLE WANT TO CUT THROUGH AND IT'S A DEAD END STREET DRIVE VEHICLE THROUGH THERE AND ALL.
WELL, DOES ANYONE ON THE BOARD HAVE ANY QUESTIONS FOR THE SUBBIES? NONE TO MY LEFT.
IT SOUNDS, I DON'T HAVE ANY OTHER CARDS FROM ANYBODY ELSE, BUT I JUST WANT TO COMMEND YOU BECAUSE FOR A LADY WHO DIDN'T WANNA STAND UP AND TALK, YOU DID GREAT.
IS THERE ANYTHING ELSE BEFORE I DISMISS YOU FROM THE DAY? ONLY THAT HE WORKED SO HARD ON IT AND WE LOVE IT.
WE'VE BEEN GOING THROUGH THIS FOR SIX MONTHS EVER SINCE HE BUILT IT AND IT'S BEEN JUST REALLY STRESSFUL ON US.
AND THEN WE'RE JUST HOPING WE CAN KEEP THE FENCE.
WELL, THANK YOU FOR COMING DOWN.
WE'LL SEE HOW THIS SORTS OUT HERE.
ANYONE ELSE HERE TO SPEAK IN SUPPORT OF CBA 2 4 0 1 0 0 0 4 7.
ANYONE WISHING TO SPEAK IN OPPOSITION TO THIS CASE? MR. CHAIR? I HAVE TWO REGISTERED POSITIONS.
READ 'EM IN THE RECORD PLEASE.
SO THE, CAN YOU BE CLOSER TO ME? YES.
IT IS DONALD LARA AT 59 11 I IVY GLEN DRIVE, GRAND PRAIRIE, TEXAS 7 5 0 5 2.
SPEAKING FOR ITEM ZBA TWO FOUR DASH 10 DASH 0 0 4 7 IN OPPOSITION WITH ADDITIONAL COMMENTS OF, AND I QUOTE, THE WHITE SHED WAS BUILT ABOUT FOUR YEARS AGO AND HAS BEEN AN EYESORE EVER SINCE.
PLUS BELIEVE IT IS NOT THE PROPER DISTANCE FROM THE FENCE.
LINE TWO REGISTERED COMPLAINT BEFORE, BUT NO ACTION TAKEN, UNQUOTE.
THE NEXT REGISTERED POSITION IS FROM KEN FAY AT 27 0 7 WETLAND ROAD, GRAND PRAIRIE, TEXAS 7 5 0 5 2 FOR ITEMS EBA TWO FOUR DASH 10 DASH 0 0 4 7 IN OPPOSITION WITH QUOTE, HOW DO YOU ISSUE A VARIANCE FOR SOMETHING THAT IS ALREADY COMPLETED? A PERMIT WAS NEVER OBTAINED.
CODE ENFORCEMENT CAME OUT TO ADDRESS THIS ON MORE THAN ONE OCCASION.
WHILE IT WAS UNDER CONSTRUCTION.
THE RESIDENT WAS TOLD TO HALT THE PROJECT UNTIL A PERMIT WAS OBTAINED.
THE RESIDENT DISREGARDED THIS ORDER AND CONTINUED INTO COMPLETION.
THIS IS A TOTAL DISREGARD FOR AUTHORITY AND A SLAP IN THE FACE OF CODE ENFORCEMENT AND THE BOARD.
THE FENCE AND HEIGHT IS HIGHER THAN SIX FEET ACROSS THE FRONT OF THE RESIDENCE.
THE FENCE RUNNING BETWEEN TWO RESIDENTS AND IS SIX FEET AND HEIGHT BEYOND THE FRONT OF THE RESIDENCE, TOWARDS THE RUN ROADWAY.
THIS CREATES A HAZARD WHEN COMING IN AND OUT OF OUR DRIVEWAY, WHETHER IT BE VEHICLES OR PEDESTRIANS.
THE MAXIMUM HEIGHT ALLOWED WHEN EXTENDED BEYOND THE FRONT OF THE RESIDENCE IS THREE FEET TO PREVENT IT FROM BEING A HAZARD AND AN EYESORE.
IF THIS IS ALLOWED TO GO THROUGH, WHAT IS THE POINT OF EVER GETTING A PERMIT? IF PROPER PROCEDURES WERE FOLLOWED IN THE BEGINNING, THIS ALL COULD HAVE BEEN AVOIDED.
THE FENCING IN FRONT IS TOO HIGH AND WILL NEGATIVELY AFFECT OTHERS' PROPERTY VALUE.
THIS SHOULD BE STRONGLY CONSIDERED SINCE IT WILL BE THE ONLY HOUSE IN THE ENTIRE NEIGHBORHOOD WITH THE GATED SEVEN PLUS FOOT WROUGHT IRON AND BRAKE FENCE CLOSING IN THE FRONT YARD.
OKAY, SO WE HAVE THE TWO LETTERS AND THAT IS THEIR PREROGATIVE TO GET READ IN FOR THE RECORD.
NOW, IN MY OPINION, THE FIRST ONE IS NOT AN ISSUE BEFORE ZBA TONIGHT.
THEY'RE TALKING ABOUT A WHITE SHED THAT IS NOT EVEN BEFORE US.
WE'RE NOT EVEN TALKING ABOUT THAT.
ALL WE'RE TALKING ABOUT IS THE FENCE HEIGHT, WHICH CAN BE THREE OR FOUR FEET DEPENDING ON WHICH OF THE STAFF MEMBERS' INTERPRETATIONS WE GET.
AND THEY WANT TO GET A SIX FOOT FENCE, WHICH IS WHAT WE HAVE IN PLACE RIGHT NOW IN THE PICTURES.
WHAT BEFORE US IS WHETHER WE'RE OKAY WITH A SIX FOOT FENCE AS THE SECOND PERSON IN OPPOSITION.
WELL THIS IS SORT OF THE PROCESS.
SOMETIMES IF WE MISS THINGS, WE BACK CLEANUP.
AND I WANT REITERATE, YOU HAVE NINE PEOPLE UP HERE TO GET AN APPROVAL ON THE VARIANCE, YOU NEED SEVEN.
SO IF THERE'S NO OTHER COMMENTS ON THIS AND NO COMMENTS FROM OUR BOARD, I WILL ENTERTAIN A MOTION AT THIS POINT.
THE DISCUSSION ITEMS. GO AHEAD.
CAN WE DO THAT? YEAH, ABSOLUTELY.
IS THE TIME TO DO A DISCUSSION WHILE WE'RE IN OPENING HEARING? UM, CAN, UH, WHY? WELL, I WAS GONNA PUT, I CAN'T REMEMBER EXACTLY WHAT THE BOARD SAID.
UH, THEY, THEY CAN'T E WHAT, CAN YOU GO BACK ON THE, IS THE QUESTION THE STAFF? YES.
SALVADOR, COULD YOU COME BACK TO THE SCREEN AND GO BACK TO ANOTHER THING UP THERE PLEASE? BECAUSE SHE WANTED TO MAKE THE STATEMENT.
SHE REALLY WANTED TO ASK QUESTIONS.
CAN YOU GO BACK ON THE, THE SLIDE THINGS TILL YOU GET TO THE, UH, CITY'S RECOMMENDATION TIME'S UP.
[00:40:01]
THE RECOMMENDATION.I, I, I, WHAT I WANTED TO POINT OUT TO THE BOARD IS A STAFF CANNOT FULLY SUPPORT IT, BUT THE STAFF DOES NOT OBJECT.
THAT'S FAIRLY IMPORTANT FOR US TO LISTEN TO.
AND, UH, ANYWAY, THAT'S, THAT'S ALL I WANT SAY.
IS EVERYONE CLEAR ON WHAT'S BEFORE US TO DECIDE TONIGHT AND WHAT THE MOTION SHOULD BE? WE HAVE ONE QUESTION.
MS. RO FOR THE, FOR THE APPLICANT? YES.
SALVADOR, IF YOU'LL HAVE A SEAT.
MS. SUBY, IF YOU'LL COME BACK UP.
IT LOOKS LIKE WE DO HAVE A QUESTION FOR YOU.
JUST SO YOU KNOW, YOUR BODYGUARD'S NOT COMING WITH YOU, YOU'RE ON YOUR OWN.
I'M THE ONE THAT'S BEEN WELL, HE'S, I GOT YOU.
HE DOES ALL THE WORK AND I, HE WORKED HARD.
WERE YOU NOTIFIED BY CODE ENFORCEMENT DURING THE BE PROCESS? UM, THEY CAME OUT, UM, WHEN WE WERE, WHEN WE HAD ALREADY HAD THE WOOD FENCE UP MM-HMM
UM, AND HE HAD STARTED THE WROUGHT IRON AND SHE, THEY WERE, THEY SAID THE NEIGHBOR ONLY COMPLAINED ABOUT THE WOODEN FENCE.
THEY DIDN'T SAY NOTHING ABOUT THE OTHER FENCE.
BUT THEY DIDN'T ASK FOR YOU GUYS TO STOP AND GET A PERMIT? WE DID.
WELL, NO, WE DID, WE WENT DOWN THE NEXT DAY AND, AND APPLIED FOR THE PERMIT FOR THE, FOR THE, FOR THE WHOLE FENCE.
YEAH, WE, THE NEXT DAY WE, WE WENT DOWN.
IN FACT, OR WAS IT THE SAME DAY? 'CAUSE SHE, SHE GAVE ME THE NUMBER AND SHE TOLD ME, YEAH.
'CAUSE I DIDN'T KNOW HOW TO DO ANY OF THIS.
SO WE CAME DOWN IN PERSON OKAY.
AND STARTED THE PROCEDURE AND THEN THEY TOLD US WE HAD TO RESUBMIT IT, UM, MAYBE TWO WEEKS LATER.
WE'VE BEEN DOWN HERE LIKE 10 TIMES AT LEAST.
YET JUST TRYING TO GET EVERYTHING GOING.
TRYING TO COOPERATE, YOU KNOW, JUST MR. IPA.
HAVE YOU RECEIVED THE PERMIT OR YOU JUST APPLIED FOR THE PERMIT? FOR THE PERMIT? DID YOU SAY, DID YOU RECEIVE A PERMIT OR JUST APPLIED WHERE ARE ON PERMIT? UM, THERE HAS BEEN NO APPROVED PERMIT FOR THIS FENCE.
THIS HAD TO COME BEFORE US TO SEE IF WE CAN EVEN GET A VARIANCE ON IT.
BEFORE THERE CAN BE AN APPROVED PERMIT ANYWAY.
DOES THAT ANSWER YOUR QUESTION? I HAVE A COUPLE LIGHTS, BUT SINCE THE NAMES ARE ALL DIFFERENT, IS THERE ANYBODY ELSE THAT PUSHED A BUTTON TO SPEAK? OKAY.
I WOULD LIKE TO YOU GOT ANOTHER QUESTION? ANOTHER QUESTION FOR STAFF.
MS. ROIA, DID THAT ANSWER YOUR QUESTION? OKAY, THANK YOU.
BUT NOW WE HAVE A QUESTION FOR STAFF.
GO AHEAD MR. IN THE, UH, DOCUMENT YOU HAVE HERE, YOU DIDN'T, DID YOU REPORT THAT THERE WERE TWO OPPOSITIONS IN YOUR DOCUMENT? I, I READ 'EM BUT THE OPPOSITION CAME IN AFTER WE SENT OUT OUR PACKET.
YEAH, BECAUSE IT WASN'T IN THE, IN THE PACKAGE.
THE PACKET WENT OUT AND SO WE DIDN'T HAVE TIME TO PUT IT IN THE PACKET.
THE OPPOSITE OPPOSITION CAME IN AFTER YOU.
WITH THAT WE'VE HAD DISCUSSION.
ANY FURTHER DISCUSSION AMONGST THE BOARD? IF NOT, I WILL ENTERTAIN A MOTION.
WE APPROVE DBA 2 4 1 0 0 0 4 7.
I HAVE A MOTION FROM MS. ODIER SECOND AND I HAVE A VERBAL SECOND FOR MR. WHITE AND JUST HAND SIGNALS MS. ACHE.
SO I'M GONNA GIVE THAT TO MR. WHITE.
UM, I HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? IF NOT, I'LL ASK.
ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
SO BY ACCOUNT OF SEVEN TO TWO.
AND REMEMBER THE MATH I WORKED OUT AT THE TOP OF THE MEETING.
[3. ZBA-24-12-0053 (Council District 4) Special exception for a garage conversion, located at 421 Forrest Hill Ln., legally described as Lot 16, Block 43, Country Club Estates Addition No.3, City of Grand Prairie, Dallas County, Texas, zoned Single Family-Three Residential District]
MOVE US TO OUR NEXT CASE.MOVING ON TO ITEM NUMBER THREE ON YOUR AGENDA TONIGHT.
THIS IS EBA 24 DASH 12 DASH 0 53.
A SPECIAL EXCEPTION FOR A GARAGE CONVERSION.
AGAIN, THE REQUEST BEING A SPECIAL EXCEPTION FOR A PROPERTY LOCATED AT 4 2 1 4 HILL LANE PROPERTY BEING ZONE SINGLE FAMILY THIRD RESIDENTIAL.
AND ON SCREEN YOU'LL SEE A GENERAL LOCATION OF THAT PROPERTY.
UH, AGAIN, AS I MENTIONED DURING THE BRIEFING, WE TYPICALLY REQUIRE FOR GARAGE CONVERSIONS THAT THEY HAVE A MINIMUM OF TWO OFF STREET PARKING SPACES.
UH, AND THEY HAVE PROVIDED TO ON SCREEN YOU'LL SEE A GENERAL PROXIMITY MAP AND WHAT THIS IS SHOWING IS THAT PROPERTY IN QUESTION BEING HIGHLIGHTED IN YELLOW AND THE PROPERTIES WITH A RED OUTLINE BEING THE CLOSEST PROPERTIES WITH A LEGALLY CONVERTED GARAGE INTO A LIVING SPACE.
ON SCREEN YOU'LL SEE A PROPOSED SITE, UH, FLOOR PLAN OR AN EXISTING FLOOR PLAN I SHOULD SAY.
[00:45:01]
SEE THAT THEY HAVE CONVERTED THE GARAGE INTO A SMALL OFFICE SPACE WITH A LAUNDRY ROOM AND A PERSONAL WORKSHOP.SO AGAIN, THIS HAS BEEN COMPLETED ALREADY.
THIS IS A STREET IMAGE OF THAT PROPERTY.
THE APPLICANT DOES NOT, UH, WISH TO TURN THOSE GARAGE DOORS INTO ANYTHING ELSE.
SO IT'LL APPEAR AS A NORMAL GARAGE BUT THEY WON'T HAVE THAT SPACE TO PARK TWO VEHICLES IN THERE.
SO IN REGARDS TO ZBA TWO FOUR DASH 12 DASH 0 5 3, UH, 53 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR OR OPPOSED AND THERE'S NOT AN HOA STAFF DOES NOT OBJECT TO THE REQUEST AS IS AND I CAN ANSWER ANY QUESTIONS.
ALRIGHT, QUESTIONS TO STAFF TO MY LEFT, QUESTIONS TO MY RIGHT.
ALRIGHT, SO DO WE HAVE AN APPLICANT HERE? I HAVE DOWN RAMIRO CASTRO, BUT I DON'T HAVE A SPEAKER CARD.
IS MR. CASTRO IN THE ROOM? IF NOT, THAT'S OKAY.
BUT IS THERE ANYONE ELSE TO SPEAK IN SUPPORT OF THIS CASE FROM THE PUBLIC? IS THERE ANYONE TO SPEAK IN OPPOSITION TO THIS CASE FROM THE PUBLIC? OKAY.
UM, THEN ANY FURTHER DISCUSSION FROM OUR BOARD OR SHALL WE MOVE ON WITH A VOTE? I'LL MAKE A MOTION.
UH, MR. INE IF YOU'LL MAKE THE MOTION, GO AHEAD SIR.
I, UH, MOVE THAT WE CLOSE THE PUBLIC HEARING AND APPROVE ZBA 24 12 0 0 5 3 SECOND.
I HAVE A HAND GESTURE DOWN THERE, BUT I HAVE A VOICE FROM MS. CHENIER SO YOU GUYS ARE GONNA QUIT WAVING AT ME.
AH, SO I HAVE A MOTION AND A SECOND I'LL ASK AT THIS TIME.
ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND, SAY AYE, KEEP UP.
AYE THAT MOTION PASSES NINE TO ZERO WHICH TAKES US TO OUR THIRD CASE.
DID YOU RAISE YOUR HAND? OKAY, MY BAD.
I DIDN'T SEE IT SO I WILL GO BACK ON THIS VOTE AGAIN.
ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND, SAY AYE.
ALL THOSE OPPOSED? SAME, UH, RAISE YOUR RIGHT HAND.
SO BY A VOTE OF EIGHT TO ONE, YOU KNOW, I EXPECT OUR ATTORNEY TO KEEP ME STRAIGHT.
I DON'T KNOW ABOUT THE CARD LADY STRAIGHTENING ME OUT LIKE THAT, BUT THAT'S OKAY.
SO BY A VOTE OF EIGHT TO ONE THIS CASE PASSES.
[4. ZBA-24-12-0055 (Council District 6) – Variance to reduce the minimum rear & side yard setback for a primary structure permitted under the Unified Development Code, located at 1701 Independence Trl., legally described as Lot 8, Block GG, Trailwood Addition No.2, City of Grand Prairie, Dallas County, Texas, zoned Planned Development-81 District]
NEXT CASE FOR CONSIDERATION.ITEM NUMBER FOUR ON THE AGENDA.
ZBA TWO FOUR DASH 12 0 5 5 IS A VARIANCE REQUEST TO REDUCE THE MINIMUM REAR AND SIDE YARD SETBACK FOR A PRIMARY STRUCTURE FOR A PROPERTY LOCATED AT 1701.
INDEPENDENCE TRAIL BEING ZONE PD EIGHT DASH ONE AGAIN THE REQUIREMENT FOR A PRIMARY STRUCTURE IS SIX FEET FOR THE SIDE SETBACK AND THEY'RE REQUESTING FIVE FEET.
THE REQUIRED REAR SETBACK IS 10 FEET AND THEY'RE REQUESTING ZERO FEET.
THIS IS A SITE PLAN OF THAT EXISTING STRUCTURE IN QUESTION.
AGAIN, AS I MENTIONED DURING THE BRIEFING, THIS INITIALLY WAS, UH, ACCESSORY STRUCTURE THAT SLOWLY OVER TIME TURNED INTO AN ACCESSORY OR A ADDITIONAL LIVING SPACE OR AN ADDITION.
UM, THE APPLICANTS DID NOT, UH, OBTAIN THOSE PERMITS.
AND SO THEY HAVE COME HERE TO GET EVERYTHING RECTIFIED AGAIN WITH THE SIDE SETBACK AND THE REAR SETBACK BEING ENCROACHING.
THIS IS WHAT MESSED ME UP DURING BRIEFING, BUT MM-HMM
THAT'S A, THAT'S A TYPE OF, THAT'S WHY I READ GARAGE CONVERSION.
AND IT'S REALLY SIDE YARD SETBACK.
THIS IS UH, SOME IMAGES OF THE ACTUAL ADDITION ITSELF.
AS YOU CAN SEE THAT STRUCTURE THERE IN QUESTION IS ABUTTING TO THE REAR PROPERTY LINE.
AND SO IN REGARDS TO THIS CASE, 46 NOTICES WERE SENT OUT TO WERE RETURNED IN FAVOR, ZERO RETURNED UP POST AND THERE'S NOT AN HOA WITHIN THAT.
UH, RESIDENTIAL NEIGHBORHOOD STAFF DOES NOT OBJECT TO THE REQUEST AS IS AND I CAN ANSWER ANY QUESTIONS, QUESTIONS, THE STAFF TO MY LEFT QUESTIONS FROM I, RIGHT.
WE DO HAVE A CARD FROM THE APPLICANT.
I BELIEVE IT'S, UH, CHRIS MILLER.
WOULD YOU LIKE TO COME DOWN AND ANSWER ANY QUESTIONS IF ANYBODY HAS ANY QUESTIONS THAT THEY'RE GONNA SAY? WELL, LET'S, LET'S DO THIS BEFORE YOU MAKE, MAKE THE LONG WALK.
HOW ABOUT THAT SIR, I HAVE THE CARD.
UH, HE'S AVAILABLE TO SPEAK IF WANTED.
DOES ANYBODY ON THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT OR DO YOU HAVE THE INFORMATION YOU NEED? IF NOT, SEE I MADE YOU WALK ALL THE WAY FOR NOTHING.
MR. CHRIS MILLER MADE IT ALL THE WAY DOWN TO THE DIOCESE NOW IT'S BEEN DISMISSED.
ANYONE ELSE WISHING TO SPEAK IN SUPPORT OF CBA 2 4 1 2 0 0 5 5 I BELIEVE YES, MR. CHAIR, I HAVE TWO REGISTERED POSITIONS
[00:50:01]
IN FAVOR OF UHHUHTHE FIRST ONE IS FROM STARLA TOBIAS AT 1721 INDEPENDENCE TRAIL, GRAND PRAIRIE, TEXAS 7 5 0 5 2 FOR ITEM EBA TWO FOUR DASH ZERO ZERO SORRY, TWO FOUR DASH 12 DASH 0 5 3 IN SUPPORT OF, IT'S ACTUALLY FIVE FIVE IN THE REST.
SO THAT'S CLEAR BECAUSE YOU'RE READING RIGHT OFF THE SAME SLIDE THAT MESSED ME UP.
JUST SO IN THE RECORD WE'RE ON 0 0 5 5, CORRECT.
AND THAT'S STARLA'S IN SUPPORT.
THE OTHER CARD IS, THE OTHER ONE IS FROM DEBORAH AND I'M SORRY IF I MISPRONOUNCE THIS SLOCUM.
AND SHE OR THEY ARE LOCATED AT 1605 INDEPENDENCE TRAIL, GRAND PRAIRIE, TEXAS 7 5 0 5 2.
IN IN REGARDS TO CASE NUMBER ZBA 24 DASH 12 DASH 0 5 5 IN SUPPORT OF ALL, ANYONE ELSE IN SUPPORT IN THE ROOM? SEEING NONE, ANYONE IN OPPOSITION IN THE ROOM? I HAVE NO CARDS.
DO WE HAVE ANY CARDS REGISTERED IN OPPOSITION? IS THERE NOBODY MAILED ANYTHING? IT LOOKS LIKE STARLA AND MS. LOC LAIA DOWN THERE CHRIS, SO YOU'RE GOOD.
UM, ALL RIGHT, WELL IF THERE'S NO ONE ELSE TO SPEAK, GO AHEAD MR. OPPO, GO AHEAD.
YOU HAVE A QUESTION FOR STAFF? A QUESTION FOR STAFF.
HOW CLOSE ARE THOSE TWO SUPPORTERS? PULL YOUR MIC OVER 'CAUSE YOU'RE A MUCH WIDER SPEAKER THAN I AM.
HOW CLOSE ARE THE TWO SUPPORTERS TO THE HOUSE? UM, I'M SORRY, MR. BOARD MEMBER, I WOULD'VE TO PULL UP A MAPS, I DON'T HAVE THE EXACT ADDRESSES OF THOSE, BUT THEY ARE ON INDEPENDENCE TRAIL, WHICH IS THE SAME STREET THAT THEY ARE LOCATED ON AND I BELIEVE JIM IS LOOKING AT HER.
GENERALLY IF IT'S CONVENTIONAL NUMBERING STRUCTURES, IF HE'S AT 1701 AND SHE'S AT 1701, SHE'S FIVE HOUSES DOWN ONE WAY.
AND AT THE OTHER NEIGHBORS IT'S LIKE 1601.
SHE'S JUST ABOUT A BLOCK DOWN ON INDEPENDENCE THERE.
SO ONE SUPPORT LETTER IS FROM 1605, WHICH IS ON THE SAME ROW, BUT TWO FOUR, ABOUT SIX HOUSES DOWN TO THE EAST.
UM, THE OTHER ADDRESS IS FROM 1721.
UM, BASED ON THE APPLICANT'S LOCATION OF 1705, THEY'RE ON ACTUALLY ON THE OTHER SIDE.
UM, ONE, SORRY, THEY'RE YES, THEY'RE ON THE SAME ROAD.
NUMBERS ARE ON THE SAME SIDE OF YES, THEY'RE ON THE SAME SIDE OF THE STREET, BUT THEY ARE ABOUT ME.
I DELIVERED A LOT OF PIZZAS FOR YOU YEARS AGO.
THE ODD NUMBERS ARE OVER HERE.
YOUR NUMBER AND CONDITION IS CORRECT.
THEY'RE ABOUT FOUR HOUSES DOWN TO THE WEST.
SEE, I KNEW BEING SUPER PIZZA STAR DELIVERY BOY IN 1984 WOULD PAY OFF.
I'D FINALLY PICK UP SOME RELEVANT INFORMATION.
UM, IT'S A GREAT COMMERCIAL ON YOUTUBE.
UM, ANYWAY, IF THERE'S NO OTHER QUESTIONS OF STAFF OR DISCUSSIONS, NO DISCUSSION ITEMS, I'LL ENTERTAIN A MOTION.
MR. CHAIR, I MAKE A MOTION THAT WE APPROVE ZBA 24 12 0 0 5 5 SECOND AND CLOSE PUBLIC HEARING AND CLOSE PUBLIC HEARING.
I HAVE A MOTION FOR MS. SECOND RODIER AND A SECOND AND A AGAIN, A FINGER WAVE.
ONE OF THESE DAYS YOU GUYS ARE GONNA LEARN, JUST, I'M NEVER GONNA CALL THIS.
UM, I'LL NOW AT THIS POINT CALL FOR A VOTE ON THIS.
ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND, SAY AYE.
MR. RAHE, DID YOU RAISE YOUR HAND? OKAY.
SO BY A VOTE OF NINE TO ZERO, SEE I'M SHELLSHOCK THAT TIFFANY'S GONNA GET ME NOW, UM, WATCHING, YEAH, LIKE A HAWK, WHICH TAKES US
[5. ZBA-24-12-0059 (Council District 1) – Variances to allow portions of non-required, non-residential fences to be constructed in the required building setbacks adjacent to designated arterials and collectors and to increase the maximum height allowed for non-required residential fences permitted under the Unified Development Code, generally located to the west of S Hwy 161, and south of SW 14th Street, with approximate addresses of 1300 & 2000 W Marshall, legally described as Tract 1D & 2E William C May Survey, Abstract No. 1028, Tracts 3, 3.1, 3.2 and a portion of abandoned ROW, Tapely Holland Survey, Abstract No. 644, and Tract 6-R-1, West Freeway Business Park Addition, City of Grand Prairie, Dallas and Tarrant Counties, Texas, zoned PD-132 & PD-200, and Single-Family Four Residential District]
TO OUR LAST CASE FOR THE EVENING.AND HARDLY ANYBODY'S IN THE ROOM TO TALK ABOUT THAT.
THIS IS ITEM NUMBER FIVE ON YOUR AGENDA TONIGHT.
THIS IS A VARIANCE TO ALLOW A NON-REQUIRED FENCE IN A BUILDING SETBACK AND INCREASE THE MAXIMUM HEIGHT ALLOWED FOR PROPERTIES.
GENERALLY LOCATED AT 1300 AND 2000 WEST MARSHALL LANE, UH, OTHERWISE KNOWN AS POLLER FOR ZONE PROPERTIES ZONED AS PD 1 3 2, PD 200 AND SF FOUR, SINGLE FAMILY FOUR RESIDENTIAL.
AGAIN, THE REQUEST IS TO REDUCE THE MISS BACK FOR A FENCE FROM THE MOST RESTRICTIVE BEING 25 FEET TO ZERO FEET.
AND FROM THE, TO INCREASE THE MAXIMUM HEIGHT OF A TRANSPARENT FENCE FROM THE, UH, MAX LOT OF FOUR FEET TO EIGHT FEET.
SO ON SCREEN YOU'LL SEE THAT THERE'S A GENERAL LOCATION MAP AND I'LL COME BACK TO THE SIDE PLAN AGAIN, I'LL SUMMARIZE THE REQUESTS.
ESSENTIALLY THEY'RE WANTING TO CLOSE THE GAPS AROUND THEIR PROPERTY.
UH, THEY'VE HAD SOME ISSUES THAT THEY REPORTED WITH PEOPLE TRESPASSING ON THE PROPERTY AND RIDING ATVS, HORSES, ET CETERA.
AND SO THEY ALREADY HAVE AN EXISTING FENCE AROUND PORTIONS OF THAT PROPERTY LINE.
THEY'RE SIMPLY WANTING TO FILL IN THOSE GAPS WITH
[00:55:01]
A SIMILAR FENCE THAT YOU SEE ON SCREEN THERE.EIGHT FOOT RIGHT IRON, RIGHT IRON.
THIS SITE PLAN GENERALLY SHOWS WHERE THEY'LL BE FILLING IN THOSE GAPS, AND HERE'S SOME IMAGES OF THAT FENCE AS WELL.
SO IN REGARDS TO ZBA TWO FOUR DASH 12 DASH 0 5 9, HANG SALVADO, IT FLASHED FOR A SECOND EVEN.
ALL JUST WANT TO GLANCE AT THE PICTURE REALLY QUICK.
BEFORE YOU WENT ON, YOU WENT LIKE A MAGICIAN.
ZBA TWO FOUR DASH 12 DASH 0 5 9 202.
RETURN IN FAVOR, ONE DID RETURN OPPOSED.
AND THERE'S NOT AN HOA STAFF DOES NOT OBJECT TO THE REQUEST AS IS AND STAFF HAS ADDED ADDITIONAL CONDITIONS.
UH, THE SECOND ONE BEING THE FENCE HEIGHT VARIANCE ONLY APPLIES TO THE TRANSPARENT FENCE.
AND THE THIRD ONE BEING THE LOCATION OF THE FENCE SHALL MEET THE VISIBILITY REQUIREMENTS OF SECTION TWO, 3.6 0.5 OF OUR UNIFIED DEVELOPMENT CODE.
WITH THAT BEING SAID, I CAN ENTERTAIN ANY QUESTIONS.
QUESTIONS OF STAFF TO MY LEFT.
MR. EPO, WHAT DOES THE, UH, OPPOSITION BOTHER ON? SORRY.
WHAT WAS THE OPPOSITION? WHAT BOTHERED ON, WHAT IS IT ABOUT? CAN WE KNOW ONE, ONE MORE TIME? ONE OPPOSITION.
WHAT IS THE OPPOSITION? OH, I CAN READ IT.
WOULD YOU LIKE ME TO READ IT NOW? YES.
WE HAVE LETTERS OF OPPOSITION.
I TELL YOU WHAT, WHAT WE'RE GONNA DO IS I HAVE SIX SPEAKER CARDS IN OPPOSITION AND FOUR OR FIVE IN FOUR.
SO WHAT WE'RE GONNA DO IS, LIKE WE DO IN ALL CASES, WE DO THE SPEED THE APPLICANT FIRST, THEN ALL IN SUPPORT, THEN ALL OPPOSITION.
AT THE END OF THAT, WE'LL HAVE HIM READ IN THE ONLINE STUFF THAT COMES IN THAT WAY.
WE SHOULD HAVE A CLEARER PICTURE, AN ANSWER FOR YOUR QUESTION YES.
BUT I WANNA GO THROUGH THE DUE DILIGENCE AND GIVE EVERYBODY AN OPPORTUNITY TO BE HEARD AND JUST GIDDY WITH THIS MANY SPEAKER CARDS.
SO, UH, WE'LL START OFF WITH CORY COFFER FIRST CARD I GOT, YOU'RE THE APPLICANT.
AS I UNDERSTAND, IF YOU'LL START WITH YOUR NAME AND ADDRESS.
I'M A CONTRACTOR HIRED TO DO THE WORK.
UH, AND THE PERMITTING PROCESS AND THE VARIANCE.
OH, MY ADDRESS IS 15 0 1 DASH B SOUTH MAIN STREET, CLEBURNE, TEXAS.
UM, WE, UH, HAVE BEEN IN THE PROCESS OF THIS FOR A FEW MONTHS NOW.
UM, AND WE ARE, UH, HIRED TO CONTINUE THE EXISTING FENCE.
AND, UH, IT'S ABOUT 15 FOOT FROM THE, UH, CURB.
UH, PROPERTY LINE IS ABOUT AN, UH, ANOTHER, UH, 10 FOOT, AND THEN ANOTHER, UH, LET'S SEE, 35.
THE 25 FOOT REQUIREMENT WOULD BE ABOUT 40 FOOT TOTAL FROM THE CURB.
UM, THAT STILL WE BELIEVE ALLOWS A LOT MORE, UH, PROPERTY.
SO IT'S, THEY'RE NOT REQUESTING TO PUT THE, PUT THE FENCE ON THE, ON THE CURB.
THEY'RE GONNA STILL HAVE CEMENT ON THE PROPERTY LINE, BUT IT'S RIGHT ON THE PROPERTY LINE.
NOT ON THE CEMENT WHERE THE EXISTING FENCE IS ALSO ON THE, ON THE PROPERTY LINE.
UH, TO AVOID ANY, ANY, ANOTHER GAP, SO TO SAY ON BEING SET BACK SO FAR THAT RIGHT.
THEY STILL HAVE LIABILITY ISSUES AND PEOPLE TRAVELING AND MAKING TRAILS THROUGH THE PROPERTY.
UM, AND, UH, SO YEAH, THAT'S WHY WE'RE HERE.
ANY QUESTIONS? UH, THIS GENTLEMAN WHILE HE IS UP HERE, OTHERWISE WE'LL PROCEED THROUGH.
SO THE FENCE IS ALREADY EIGHT FOOT ALL YOU'RE, ALL YOU'RE WANTING TO DO IS JUST TO CONTINUE ON EXACTLY WHAT'S THERE IS TO CONTINUE ON TO FILL THE GAS UP.
ANY OTHER QUESTIONS? ALL RIGHT, MR. FER, THANK YOU FOR COMING DOWN.
MY NEXT CARD IN SUPPORT IS MICHAEL COHN.
NAME, ADDRESS, AND SEE WHAT YOU CAN EMBELLISH ON WHAT MR. ER SAID.
UH, MICHAEL COHN, 54 0 6 HILLINGDON DRIVE, RICHARDSON, TEXAS.
I REPRESENT PAUL AMERICA ACCORD HIRED BY US.
UM, JUST TO BE CLEAR, THE, THE FENCE YOU SEE RIGHT THERE IS ABOUT FIVE FOOT BACK.
THE PROPERTY LINE KICKS BACK ABOUT 15 FEET.
SO ON THE NEW SURVEY, SO OUR FENCE WOULD BE 15 FEET BACK FROM THE CURB.
UM, SO WE JUST FEEL THE 40 FOOT BACK JUST ALLOWS A LOT OF LIABILITY FOR US.
THERE'S STILL A LOT OF, A LOT OF PLACES THERE FOR, FOR STUFF TO BE DUMPED.
PEOPLE, THERE'S A WHOLE LOT OF PLACE TO DUMP AT 40.
AND, YOU KNOW, I HAVE, I HAVE A CREW OF SEVEN GUYS THAT DAILY GOES AROUND AND PICKS UP STUFF THAT'S DUMPED ON OUR PROPERTY.
SO IT'S A, IT'S FULL-TIME JOB AS IT IS.
SO HOW MANY LINEAR FEET? IT'S ALL THAT? WELL, IT'S 500 ACRES TOTAL.
UM, I'M SAY FENCE LOOKS LIKE A BIG, BIG OLD FENCE.
AND TO YOUR, YOUR COMMENTS, I'M NOT SURE WHY THE FENCE WAS PUT UP AND NOT FINISHED.
I IT WASN'T AROUND AT THAT POINT.
IT SEEMS A LITTLE, UM, WASTEFUL, BUT, UM, YEAH.
ANY OTHER QUESTIONS? NOT A CRIMINAL MASTERMIND, BUT I THINK I COULD DEFEAT IT EXACTLY.
LIKE, YOU KNOW, NO PROBLEM AT ALL.
ANY QUESTIONS OF THIS GENTLEMAN WHILE HE IS UP HERE
[01:00:02]
SEEING YES, MS. HOOP? JACK, GO AHEAD.SO YOU'RE PUTTING THE FENCE UP BECAUSE PEOPLE ARE DUMPING AND PUTTING STUFF UP.
I MEAN, WELL MEAN TRESPASSING.
THERE'S, UH, TVS DURING THE, DURING LIKE CERTAIN SEASONS, TWO TO THREE TIMES A WEEK, WE HAVE TO CALL GRAND PRIX PD TO COME OUT AND TRESPASS.
MOST TIME PEOPLE WERE GONE BY THEN.
BUT JUST A LOT OF CITY RESOURCES NOT NECESSARY AND LIABILITY ISSUES FOR US AS SOMEBODY GETS HURT.
AND ALSO PEOPLE COME DOWN AND FISH IN THE PONDS DOWN THERE AND IF SOMEBODY DROWNS OR WHATEVER, IT'S, YOU KNOW, IT'S, IT'S, ITS LIABILITY.
SO IT JUST, IT IS, I I THINK IT'S GOOD FOR, TO BE HONEST, I THINK, YOU KNOW, IT'S GONNA GO BEHIND THE NE IF, IF I WAS A NEIGHBOR I'D BE HAPPY THAT PEOPLE ARE BEHIND THE HOUSE, YOU KNOW, EITHER.
BUT UM, I THINK IT'S GOOD FOR THE CITY AND US AND THANK YOU.
ANY OTHER QUESTIONS FOR MR. COHEN? THANK YOU, SIR.
NEXT UP NATHAN, AND YOU KNOW, I DON'T HAVE A CHANCE KY PER HELP ME ON NATHAN, GET DOWN HERE AND ON THE MICROPHONE SO WE CAN DO IT CORRECTLY IN THE MICROPHONE.
'CAUSE LORD KNOWS I'M GONNA MESS IT UP.
UH, I LIVE AT 40 20 ARAGON DRIVE, FORT WORTH, TEXAS.
UM, BUT I REPRESENT POLYMER AT 2000 WEST MARSHALL DRIVE.
UM, I WAS, I'M THE SAFETY REPRESENTATIVE FOR THE COMPANY, SO I WAS JUST COMING ALONGSIDE IN CASE TO ANSWER ANY QUESTIONS OR ANYTHING THAT YOU GUYS MIGHT HAVE.
I THINK WE'VE GOT THE LIABILITY ISSUE AND THE TRESPASSING AND SOMEBODY GETS HURT OVER THERE.
AND ALSO JUST EXPENDING COMPANY OR, UH, SORRY.
CITY RESOURCES TO COME CHASE 'EM OUT.
ANY QUESTIONS OF THIS GENTLEMAN? TO MY LEFT? HOW ABOUT TO MY RIGHT.
THANK YOU FOR COMING DOWN, SIR.
IS THERE ANYONE ELSE IN THE ROOM WISHING TO SPEAK IN SUPPORT OF THIS CASE? ZBA 2 4 1 2 0 0 5 9.
SEEING NONE, I'LL NOW MOVE TO THE OPPOSITIONS AND I HAVE A STACK OF CARDS AND I'M JUST GONNA TAKE 'EM AS THEY COME.
EACH OF YOU HAVE INDICATED YOU'D LIKE TO SPEAK.
UH, FIRST ONE I'VE GOT IS EDWARD HEEL.
YOU COME ON NOW, SIR, IF YOU'LL START WITH YOUR ADDRESS, YOUR NAME AND YOUR ADDRESS, AND THEN TELL US YOUR POSITION ON THIS APPLICATION.
AND GLAD HANDING ALL THE WAY DOWN LIKE A CLASSIC POLITICIAN.
WHAT'D YOU CALL ME? YOU'RE CLASSIC POLITICIAN SHAKING HANDS WITH THE AUDIENCE AS YOU COME DOWN.
I'VE BEEN IN THE CITY FOR 60 YEARS.
WELL, I FEEL, UH, HONORED TO COME BEFORE SUCH A DISTINGUISHED GROUP.
I USED TO SERVE AS THE CHAIRMAN OF THIS GROUP A COUPLE OF TIMES, AS A MATTER OF FACT.
UM, AND ALSO SERVED ON THE BOARD.
UM, I'M SPEAKING IN OPPOSITION OF THIS, UM, PROPOSAL BECAUSE THE PROPERTY LINES ARE NOT CLEAR.
UM, AND THEY'RE PROPOSING TO INFRINGE UPON A COUPLE OF PIECES OF SUBSTANTIAL PROPERTY THAT AS FAR AS I KNOW, THEY NEVER OWNED.
AND ONE OF THEM HAPPENED TO BE MINED.
YOU KNOW, I'D LIKE TO, UH, GET, UH, ALL THIS STRAIGHTENED OUT BEFORE WE HAVE A VOTE ON IT.
I DON'T SEE HOW WE COULD VOTE ON SOMETHING THAT WE'RE NOT CLEAR ON ANYWAY.
'CAUSE YOU KNOW, WE NORMALLY, WE TABLE STUFF LIKE THAT WHEN I SERVE IN YOU ALL'S CAPACITY.
UM, BUT THE FACT OF THE MATTER IS THEY ARE, UM, THE REASON THE FENCE IS UP THERE PARTIALLY ON ONE INSTANCE IS TO PREVENT A PERSON WHO OWNS SOME PROPERTY FROM GETTING TO THEIR PROPERTY BECAUSE THEY HAVE THE INTENTION OF, UH, TAKING OVER ALL THE PROPERTY THAT'S ADJACENT TO THIS, IS THE WAY WE SEE IT IN THE COMMUNITY.
UM, THIS PROPERTY PREVIOUSLY WAS OWNED BY THE FIRST BLACK MILLIONAIRE IN TEXAS.
HE MADE HIS MONEY IN REAL ESTATE AND BARBECUE ALSO.
ALL HIS, UH, GRANDDAUGHTERS ARE HERE IN THE ROOM, UH, IN THE ROOM.
UM, BUT THAT WAS A BUFFER FOR OUR, UH, COMMUNITY AS MR. WHITE WILL PROBABLY TELL YOU BETWEEN US.
AND, UH, MR. WAGNER'S, UH, FARM CP WAGNER HAD THE LAND WHERE THE, UH, BUILDINGS FOR POLY AMERICA SIT.
YOU KNOW, WE'RE NOT EVEN, UM, SUPER OPPOSED TO POLLY BEING IN THE COMMUNITY.
HE USED TO SIT IN MY BACKYARD AND, AND TALK TO ME.
AND HE TOLD ME THAT BEFORE HE EVEN DECIDED ON WHICH WHERE TO LOCATE THE PROPERTY.
THE CITY OF GRAND PRAIRIE TOLD HIM THAT HE WOULD OWN ALL, ALL OF THAT, THE COMMUNITY AND EVERYTHING, MY HOUSE AND ALL, YOU KNOW, AND IT'S BEEN A CONCERTED EFFORT BY THEM TO BUY LOTS IN THE PROPERTY AND PRETTY MUCH MAKE US UNEASY, YOU KNOW, ABOUT, UH, THE COMMUNITY THAT WE'VE LIVED IN ALL OF OUR LIVES.
AND, UM, THIS IS A CAPITALISTIC SOCIETY WE UNDERSTAND.
AND, UH, WE KNOW IF YOU DON'T HAVE NO MONEY, YOU CAN'T PROTECT YOURSELF.
THAT'S WHAT'S HAPPENING TO US RIGHT NOW.
THERE ARE A FEW OF US THAT WOULD LIKE TO STAY THERE, BUT THERE ARE A LOT OF PEOPLE THAT'S BUYING LOTS FOR $150,000 NOW AND MOVING INTO OUR COMMUNITY AND BUILDING THEIR OWN HOMES.
[01:05:01]
OF 'EM.BUT, YOU KNOW, WE, WE WERE THE ORIGINAL SETTLERS, UM, ALONG WITH THEIR FAMILY.
MY FAMILY WAS ONE OF THE FIRST THREE FAMILIES TO, UM, LOCATE IN GRAND PRAIRIE.
AND I'D HAVE TO, I'D HAVE TO GIVE UP ALL OF MY FAMILY CLAIM BECAUSE MY COUSIN WAS, THE FIRST TEACHER NAME WAS GLASGOW TALLEY.
MY UNCLE WAS THE FIRST BLACK MAN TO RETIRE FROM LTV.
NAME WAS JOHN HENRY MATHIS, LIKE THE RACE HORSE.
AND IT GOES ON AND ON AND ON, UH, JUST LIKE THAT.
AND, YOU KNOW, WE'RE REAL PROUD OF DALWORTH, WHAT DALWORTH USED TO BE WHEN IT WAS A TOWN OF ITS OWN BEFORE GRAND PRAIRIE ANNEXED US AND TOLD US A BUNCH OF THINGS THAT DIDN'T HAPPEN.
LIKE OUR TAXES WOULD GO DOWN IF YOU LET US BUILD THESE WAREHOUSES AND THINGS.
WELL, THE TAX IS SO HIGH RIGHT NOW.
THERE'S NOT VERY MANY OF US THAT CAN AFFORD TO STAY THERE.
I MEAN, OUR, OUR OUR CONVENIENCE STORE IS CHINESE OWNED.
AND, UH, YOU KNOW, WE JUST DON'T HAVE ANYTHING.
WE DON'T HAVE ANY RESTAURANTS.
MS. MS. GADALE DIED THAT OWNED, UM, CROWN'S BARBECUE.
AND WE JUST DON'T HAVE ANY RESTAURANT OR ANYTHING IN THERE ANYMORE.
AND, AND, AND, AND I DON'T HAVE ANY OPPOSITION AGAINST, YOU KNOW, UH, EDUCATING MYSELF, BUT I'M, I'M TRYING TO LEARN SPANISH AS QUICK AS I CAN.
IT'S TOO LATE AND NO SENSE IN FIGHTING AT THIS POINT.
SO, I DON'T KNOW HOW TO GET YOU ALL TO UNDERSTAND THE LOVE THAT WE HAVE FOR OUR COMMUNITY.
WE, WE'VE ALWAYS FELT LIKE IT WAS THE, WE, THE GREATEST AFRICAN AMERICAN COMMUNITY IN THE STATE, I MEAN IN THE UNITED STATES BECAUSE WE HAD THE FIRST OLYMPIC SIZE SWIMMING POOL.
AND UM, YOU KNOW, WE WERE TREATED FAIRLY BY THE WHITES THAT LIVED ON THE NORTH SIDE OF THE TRACKS IN DOW WORTH BEFORE.
UM, UH, WE WERE TAKEN OVER BY THE CITY, BUT ABOUT 30 SECONDS TO WRAP UP.
MR. PARDON? WE GOT ABOUT 30 SECONDS.
SO JUST, OH, THIS CLOCK IS NOT IT RIGHT HERE.
UH, IT'S, I STARTED AT ABOUT A MINUTE LATE, BUT GO AHEAD AND YOU GOTTA TO GIMME A MINUTE 'CAUSE YOU JUST TOOK GO AHEAD NOW.
BUT, UM, MY PROPERTY AT 2105 AND 2109 HOLLAND STREET IS, UM, ACCORDING TO THE SURVEY THAT, UH, YOU ALL PROVIDED TO POLLY, WHICH PROBABLY GAVE THEM A WRONG IDEA, INDICATES THAT, UH, LONE STAR GAS COMPANY STILL OWNS THE BACK PART OF OUR PROPERTY.
THEY TOOK IT, UH, TO RUN A PIPE THROUGH THERE YEARS AGO.
AND, UM, MY GRANDPARENTS WHO BOUGHT THE PROPERTY DIDN'T, UH, HAVE ANY RECOURSE, BUT THEY GAVE IT BACK, I BELIEVE IT WAS IN 2012 OR 2013, MY MOTHER SIGNED OFF ON IT AND I MAILED IT.
BUT THE, THE, THE PROPERTY LINE THAT THAT'S SHOWING STILL SHOWS THAT THAT'S NOT OUR LAND.
AND MY LAST QUESTION, SINCE I'M RUNNING OUTTA TIME, IS, LET'S JUST SAY IT'S NOT MY LINE, MY LAND, AND IT'S STILL LONE STAR GAS.
HOW DOES POLLY GET IT? MM-HMM
NEXT UP I HAVE, UH, ALEXANDRIA, DAVE, YOU GOT TWO CARDS BY DAVE.
I BET THAT'S BOTH OF YOU, RIGHT? YES, YES.
I'M, YOU HAVE BOTH OF YOUR NAME AND YOUR ADDRESS WE'RE GOOD.
OH, UH, 2105 HOLLAND STREET, ALEXANDRIA, DAVE, 2305 SWEETWATER DRIVE, GRAND PRAIRIE, TEXAS 7 5 0 5 OH, OKAY.
WHAT DO WE NEED TO HEAR FROM YOU LADIES? WELL, WE'RE COME SCOOT OVER.
I'M COMING TO Y'ALL BECAUSE WE, I WAS TOLD BY THE PEOPLE IN THE COMMUNITY THAT THEY WERE TRYING TO BUILD A FENCE.
AND LEMME GIVE YOU AN OVERVIEW.
LIKE HE SAID, MY GRANDFATHER WAS ONE, ONE OF THE FIRST BLACK MILLIONAIRES IN TEXAS.
AT ONE POINT IN TIME, OUR FAMILY OWNED 33% OR MORE OF D WORTH.
I LIVED ON WHAT WAS 7 0 1 SOUTHWEST SOUTHWEST 14TH STREET, WHICH POLY AMERICA IS RIGHT THERE.
EVERYTHING AFTER MY GRANDFATHER'S MURDER, AND I HAVE SOMEONE INVESTIGATING RIGHT NOW, CERTAIN LAND THAT WE HAD.
WHAT I HAVE A, I HAVE A SURVEY RIGHT HERE, AND IT'S 13 LOTS THAT I'M SAYING THAT THEY SHOULD NOT PUT A FENCE RIGHT THERE.
AND I, LIKE I SAID, THE LAND IS ALL UNDER INVESTIGATION.
I'VE BEEN IN AND OUTTA COURT AND, UH,
[01:10:01]
NO.SO I JUST, I SAY I OPPOSE OF THIS.
THEY, UH, I DON'T KNOW WHAT SURVEY THEY HAVE, BUT I DO HAVE A LEGAL DOCUMENT RIGHT HERE TO PROVE THAT WHO I AM AND WHAT I HAVE.
HOW ABOUT YOU, MA'AM? ANYTHING TO ADD TO THAT? OH, NO, NO, SHE SAID EVERYTHING.
YOU'RE JUST HERE, HERE FOR SUPPORT.
I APPRECIATE, THANK YOU BOTH OF YOU, LADIES, APPRECIATE YOU COMING DOWN.
NEXT ONE ON MY STACK IS MARLON ROLLINS.
MY NAME IS MARLON ROLLINS AND I HAVE, UH, I'M AN INVESTOR REAL ESTATE DEVELOPER, COMMERCIAL CONSTRUCTION OWNER IN THE STATE OF TEXAS.
WE'VE BEEN BUILDING COMMERCIAL PROPERTY FOR 25 TO 30 YEARS.
UH, MOST OF IT'S BEEN RESIDENTIAL SUM COMMERCIAL.
I OWN TWO PIECES OF PROPERTY ON MANNING STREET, 9 2 5 MANNING AND 10 17 MANNING.
NOW, UM, FROM MY UNDERSTANDING, UM, FROM THE HISTORY, I AM AN ORIGINAL DALWORTH RAISED, UM, AS YOU SAY, RAISED YOUNG MAN.
MY GRANDMOTHER WAS THE FIRST BLACK PRECINCT CHAIR THAT'S COME OUT OF GRAND PERRY.
SO WE KNOW WHAT IT IS TO FIGHT FOR, WHAT IS, WHAT'S RIGHT? WELL, THE TWO PROPERTIES THAT I OWN DOES NOT HAVE A FENCE, UM, BEHIND IT.
IT'S ONLY THE PROPERTIES THAT DON'T HAVE HOUSES.
IF THEY'RE PROPOSING TO PUT UP A FENCE BEHIND CURRENT RESIDENCE HOMES, I BELIEVE THAT IS A POTENTIAL FIRE HAZARD BECAUSE THAT THESE, UH, THAT THAT COMMITS A, A SHORTAGE OF EGRESS ANDRESS.
SO IF THERE'S A FIRE ANYWHERE ON MANNING, YOU DON'T HAVE NOWHERE ELSE TO GO
NOW YOU ASKED THE QUESTION EARLIER, WHY IS THERE OPEN AREAS, RIGHT? WELL, THERE'S CURIOUS, THERE MAY BE SOME PEOPLE'S OTHER PROPERTY IS WHY THEY MAY NOT HAVE PUT THAT FENCE UP, THAT FENCE ON.
WE ASKED TO BE ABLE TO BE ABLE TO INVESTIGATE, UH, HISTORY, PROPERTY LINES, ACQUISITIONS, TRUST, COMPLIANCE WITH, UH, WITH, UH, WHAT AM I TRYING, UM, SURVEYS AS WELL AS TITLE COMPANIES BECAUSE TITLE COMPANIES WILL GIVE HISTORY OF WHO OWNS WHAT LOTS, WHO OWNS WHAT LAND.
AND THE INFORMATION THAT WAS PROVIDED TO ME VIA MAIL, UH, SHOWS THAT THE PROPERTY LINE THAT THEY ARE, UH, PROPOSING TO PUT FENCE FROM IS NOW, I MEAN IN ON THE RESIDENCE AND BACK OF MIND, YOU CAN'T SAY WHOSE FENCE OR WHAT PROPERTY IS THEIRS BASED ON THE RESIDENTIAL FENCES THAT ARE CURRENT CURRENTLY UP THE MEASUREMENTS DOES NOT, UH, CALCULATE UP TO WHAT THEY PRESENTED TO YOU FROM THE, UM, FROM THE CURB LINE.
UH, THERE'S SEVERAL PIECES OF LOTS THAT GOES DOWN THE L SHAPE OF MANNY AND HOLLAND STREET THAT POLY AMERICA CURRENTLY OWNS.
NOW THEY LOOKING TO PUT A FENCE UP, UM, ON THE FRONT END OF THE COMMERCIAL FENCE OR ON THE FRONT END OF THE RESIDENTIAL LOT.
SO AGAIN, THE CLARIFICATION IS NOT THERE IN WHAT'S BEEN PRESENTED BECAUSE THEY PROBABLY OWN MAYBE EIGHT SINGLE FAMILY LOTS ON THAT PROPERTY LINE THAT ABUTS THEIR COMMERCIAL, WHICH AGAIN, I DON'T BELIEVE IT'S COMMERCIAL.
I THINK THEY CONSIDERED IT A PD PLAN DEVELOPMENT.
OKAY? SO AT THIS POINT, I'M OPPOSED BECAUSE I HAVE NOT BEEN, UH, PROVIDED THE ACCURATE INFORMATION THAT ALLOWS ME TO MAKE A SIGNIFICANT DECISION.
UH, MY TENANTS AT THE PROPERTIES ARE 10, UH, 17 MANNING AND 9, 2 5 MANNING.
I HAVE A FEAR FOR THEIR SAFETY BECAUSE I'M NOT THERE
SO IF ANYTHING HAPPENS, THEY ONLY HAVE ONE WAY OUT THE BACK.
THE BACKYARD MAY NOT BE THE WAY.
IF THERE'S A RIGHT IRON FENCE OF SIX FEET, YOU GOT LITTLE KIDS, YOU KNOW, BUT THEY NEVER HAVE SHOWN WHERE THERE'S A FRONTAGE GATE OR ANY GATE THAT WILL BE INSTALLED WITH THE SIX FOOT FENCE.
SO THE INFORMATION THAT HAS BEEN PROVIDED IS NOT CLEAR.
I DON'T UNDERSTAND IT FROM A PROFESSIONAL ASPECT OF HOW WE WOULD ALLOW A COMMERCIAL COMPANY TO PUT UP A SIX FOOT FENCE WITHOUT ANY KIND OF SAFETY, UM, PROTOCOL AND EXPLANATION TO THE CITY, THE PLANNING AND ZONING COMMITTEE PLANNING AND PD.
UM, SO THOSE ARE THE PURPOSES AND THAT'S THE REASON WHY I'M HERE AS A PROFESSIONAL AND AN INVESTMENT IN TAXPAYER FOR THE CITY OF GRAND PERRY.
NEXT ONE I'VE GOT UP IS THOMAS LUCAS.
GOOD AFTERNOON LADIES AND GENTLEMEN.
I WAS BORN IN DALWORTH ON PANG BURN STREET IN A HOUSE BEHIND A HOUSE.
I'VE BEEN IN DALWORTH MY WHOLE LIFE TO PUT UP A FENCE AT MY BACK
[01:15:01]
WHERE EVERY DAY I WALK OUT I HAVE TO LOOK AT A BLACK RAW IRON FENCE WOULD MAKE ME FEEL SO UNCOMFORTABLE.NOBODY WANTS THAT BEHIND THEIR HOUSE.
IF YOU APPROVE THAT, THEN MAYBE YOU NEED TO BUY A LOT AND MOVE IN THE NEIGHBORHOOD.
LAST CARD I HAVE IS FOR DON CAULEY.
I THINK I'VE BEEN OVER THERE SINCE 89.
AND IF YOU PUT A FENCE UP THERE, I HAVE NO ACCESS TO MY BACKYARD.
ALRIGHT, AND THAT'S YOUR, OKAY, WELL THANK YOU VERY MUCH.
ANYONE ELSE IN OPPOSITION OR DO WE HAVE ANY PHONED IN STUFF? SALVADOR? YES WE DID.
WE DID HAVE ONE OPPOSITION, ONE REGISTERED OPPOSITION.
UH, MR. THOMAS LUCAS ALSO SENT IN A REGISTERED OPPOSITION, UH, AT 8 25 MANNING ROAD, GRAND PRAIRIE, TEXAS 7 5 0 5 1 FOR CASE NUMBER ZBA TWO FOUR DASH 12 DASH 0 5 9 IN OPPOSITION WITH COMMENTS OF, I WOULD BE MORE AGREEABLE TO THEM, QUOTE, I WOULD BE MORE AGREEABLE TO THEM BUILDING A WALL RATHER THAN PUTTING UP FENCES.
THESE FENCES WOULD ALSO BE TAKING AWAY OUR ACCESS TO GETTING IN AND OUT OF OUR PROPERTIES BECAUSE IT WOULD TAKE AWAY THE ALLEYWAY.
ALRIGHT, UH, NOW AS IS THE CASE, EVERY TIME THERE'S OPPOSITION AND SUPPORT, AS I MENTIONED AT THE TOP, THE APPLICANT HAS AN OPPORTUNITY TO COME DOWN AND KIND OF DO A REBUTTAL HERE OR ANSWER ANY FURTHER QUESTIONS.
SO, UH, MR. FER, IF YOU'LL STEP ON DOWN HERE AGAIN, WE MIGHT HAVE ONE OR TWO QUESTIONS FROM THE BOARD.
IF NOT, I KNOW WE'RE GONNA HAVE ONE OR TWO FOR THE STAFF.
UH, BUT WE'LL START WITH MR. FER, OR ACTUALLY, SINCE YOU ARE THE BUILDER AND THESE GUYS REPRESENT POLLY, IF THEY WANT TO COME ON DOWN E EITHER ONE THAT WANTS TO SPEAK, BUT GO AHEAD.
SINCE YOU GOT PEOPLE IN THE COMMUNITY EXPRESSING CONCERNS, AND I'M SURE YOU GUYS HEARD 'EM, YOU KNOW WHAT OUR QUESTIONS ARE GONNA BE.
YOU WANT NAMES AGAIN? UH, IF DOES YOU START TO SAY, JUST SAY YOUR NAME AGAIN? UH, MICHAEL COHEN BEFORE WE SPEAK.
YOU GOT SOMETHING JUST ON ONTO THE SURVEY? I MEAN, WE'RE BASICALLY GOING OFF THE, THE COUNTY AND THEN I, WE HAD AN INDEPENDENT SURVEY DONE BY GRAHAM ASSOCIATES, SO EVERYTHING'S, AS FAR AS WE KNOW IS, I MEAN, I WOULDN'T, I'M SURE WHAT ELSE TO GO BY.
UM, SO, OKAY, SO, AND THIS, ANY, ANY DISPUTE TO THAT WOULD BE A WHOLE DIFFERENT ISSUE AND NOT BEFORE US.
IT'S NOT, IT HAS NOTHING TO DO WITH THIS VARI THIS, UH, VARIANCE.
ANY OTHER QUESTIONS, MR. HADDI? YEAH, SO I'M LOOKING AT A MAP, UM, ON MY, THE, THAT THE GOOGLE PROVIDED ME.
UM, SO ARE YOU GOING TO BE BUILDING A FENCE AROUND, I MEAN, IT LOOKS LIKE IT'LL BE ON MARSHALL, BUT IT'S GONNA, WILL IT BACK UP ALONG MANNING STREET AND HOLLAND STREET? IF YOU'LL WATCH HIM, HE'S COMING TO PUT AN OVERHEAD UP.
SO WHERE THE YELLOW IS, IS WHERE THE PROPOSED FENCE IS.
SO ON THE LEFT IS MANNING STREET? CORRECT.
AND ON THE TOP IS HOLLAND CORRECT? IF I'M LOOKING AT CORRECT, I CAN'T READ THOSE MAP VERY, THAT'S CORRECT.
THAT WOULD BE WHERE THE YELLOW LINE IS, RIGHT WHERE THE YELLOW LINES ARE, WHICH IS THE BACK OF THE PROPERTIES.
SO YOU'VE GOT ROBERTS AND THEN ROBERTS IS REALLY WHAT WE'RE HERE FOR.
UM, I THINK IT IS AT THE VERY TOP, TOP RIGHT WHERE THE VARIANCE IS BEING ASKED FOR.
SO THEY MENTIONED, ONE OF THE GENTLEMEN MENTIONED AN ALLEY.
IT'S JUST OUR PROPERTY BEHIND THE FENCES.
WE HAVE A, WE HAVE A ROAD BACK THERE THAT OUR CONSTRUCTION CREW DRIVES ON AND THE GAS COMPANY HAS TO PUT A GAS LINE IN, BUT IT'S NOT A, IT'S NOT A ALLEY PER SE.
THERE'S A THIN STRIP OF A LAND BEHIND THE, UH, RESIDENTIAL PROPERTIES THAT THE CAT SHOWS AS BEING OWNED BY THE, UH, POLY AMERICA.
IT COULD LOOK LIKE A ALLEY BECAUSE PEOPLE DON'T UNDERSTAND, JUST BECAUSE THERE'S A SPACE IN THE BACK THAT THAT DOESN'T NECESSARILY MEAN IT'S BEEN DEDICATED TO AN ALLEY.
SO I BELIEVE IT PROBABLY APPEARS IN ALMOST FUNCTIONS LIKE AN ALLEY TO THE PEOPLE WHO ARE WALKING OR USING IT, BUT HOWEVER, IT WAS NEVER, UH, PLED OR DEDICATED AS AN ALLEY, AS AN OFFICIAL ALLEY.
THE PROPERTY LINE IS TYPICALLY ON MOST HOUSES RIGHT ALONG THE FENCE LINES.
WELL, THAT ANSWERS THE QUESTION I CALLED YOU BACK UP FOR.
DOES ANYBODY ELSE HAVE ANY OTHER QUESTIONS, MR. APO? YES.
UM, IS THERE A DISPUTE BETWEEN THE BOUNDARY? IS IT SPECIFIC? HAS IT BEEN DETERMINED LEGALLY? ARE ARE YOU TALKING ABOUT SHOULD BE TO THE VARIANCE OR ONE OF THE, THE PROPERTY LINE? ALL I, I'VE, I'VE GIVEN MR. HEMEL, I'VE GIVEN HIM A COPY OF THE SURVEY AND EVERYTHING.
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SO YOUR TESTIMONY IS, HEY LOOK, WE'RE FOLLOWING THE COUNTY RECORD OF WHERE THE PROPERTY LINE'S ON AND HAD A THIRD PARTY INDEPENDENT CORRECT.GRAMMAR ASSOCIATES SURVEY IT TOO.
AND STAKED IT TOLD YOU THE SAME.
IT'S ALL STAKED, STAKED IT OUT AS THAT'S THE OFFICIAL PROPERTY LINE.
SO THE DISPUTE IS WITH THE RESIDENCE AS TO WHETHER IT'S LAND OR NOT, BUT ACCORDING TO THE COUNTY, ACCORDING TO A THIRD PARTY VENDOR, THEY MAY WELL HAVE AN ONGOING DISPUTE.
NONE OF THAT'S GONNA BE BEFORE ZBA TONIGHT.
WE'RE JUST WHETHER WE APPROVE A VARIANCE OF THE SETBACK OF THE FENCE AND THEN WE'RE NOT DISCUSSING WHETHER WE HAVE LINES.
I, AND MY NEXT QUESTION IS GONNA BE OF STAFF, BUT I WANT TO FINISH UP, DOES ANYBODY HAVE ANY OTHER QUESTIONS FOR THESE GENTLEMEN? I HAD ONE MORE THING.
ONE THING, ONE MORE THING TO ADD.
I FORGOT TO SAY EARLIER THAT WHEN WE GET BACK TO THAT 40 FOOT, IF WE'RE 25, 13 TO 50, I'M SORRY THAT THAT PUTS US RIGHT ON TOP OF THE NEW GAS LINE THAT WAS RUN THERE.
SO IT'S KIND OF A IMPOSSIBLE THING FOR IT.
AND ONE MORE THING THAT'S GONNA BE TOUGH, YOU'RE GONNA BE ANOTHER ISSUE TO DEAL WITH.
'CAUSE YOU DON'T WANT TO GO RIGHT ON WHERE THEY RAN THE GAS LINE.
UH, IT SOUNDS LIKE THERE'S GONNA BE SOME MORE STEPS TO THIS, BUT AS FAR AS YOU HEARD WHAT I SAID, TO GET AN APPROVAL ON THE VARIANCE, YOU NEED SEVEN OUTTA NINE VOTES.
IF YOU'RE OKAY WITH ME PROCEEDING WITH THE VOTE, I ALWAYS GIVE THE APPLICANT AN OPPORTUNITY TO, IF YOU'RE WORRIED ABOUT THINGS OR WE NEED TO BE MORE STEPS OR TABLED OR ANYTHING LIKE THAT, MR. FAIRFIELD SAID, AND WE CAN DO THAT.
IF YOU'RE CONFIDENT THAT WE GOT IT AND YOU'RE WILLING TO TAKE THE VOTE, THEN WE CAN CALL THE VOTE TONIGHT AND GO FORWARD.
WE JUST WANTED TO CLARIFY EVERYBODY'S ISSUES TO MAKE SURE EVERYBODY WAS HEARD.
AND I THINK WE'VE GOT THE INFORMATION AS FAR AS PROPERTY DISPUTES, THAT'S, THAT'S A DIFFERENT, THE PERMIT, THE PERMIT HAS ALREADY PASSED.
FLOODPLAIN PERMIT AND THE FIRE MARSHAL.
I THINK THAT ANSWERS MY QUESTIONS FROM YOU GENTLEMEN.
I DO HAVE ONE OTHER QUESTION FOR STAFF BEFORE WE GO GO TO A VOTE, BUT THANK YOU FOR COMING UP, GENTLEMEN.
DO YOU HAVE ANOTHER QUESTIONS? GO AHEAD.
I MEAN, I'VE HAD A BUSINESS BEFORE AND I, I DON'T, I DON'T THINK WE'RE HERE FOR, I I DIDN'T THINK WE'RE HERE FOR THE BOUNDARY LINES, BUT WHATEVER WE'RE NOT, MY QUESTION IS, UM, WOULD IT BE POSSIBLE OR WOULD YOU CONSIDER FOR THE PEOPLE'S CONCERN, UH, WITH THE POSSIBLY CONSIDER PUTTING, LIKE IS IT NECESSARY? I'VE NEVER SEEN THIS.
I DON'T KNOW WHAT I'M TALKING ABOUT.
JUST WANNA ASK YOU A QUESTION.
IT WOULD, WOULD IT BE NECESSARY FOR, YOU SAID YOU'VE ALREADY GOT APPROVAL FROM THE FIRE DEPARTMENT, BUT, BUT WE'VE ALREADY BUILT 800 PANELS AS WELL.
HUH? 800 PANELS ALREADY BUILT AND ON SITE.
WELL, WE HAVEN'T STARTED YOUR WORK YET, SO, BUT PANELS ARE STACKED ON SITE.
BUT DID THEY, SO DOES THE FIRE DEPARTMENT, DID THEY FEEL LIKE THAT YOU NEEDED TO PUT GATES AT A PARTICULAR AREA OF IT? THERE'S TWO GATE, THERE ARE TWO, THERE'S TWO GATES PER PLAN.
EACH ROAD THAT DEAD ENDS INTO THE PROPERTY, THERE'S, THERE'S GONNA BE GATES THERE FOR FIRE ACCESS.
SO THERE IS GONNA BE GATES FOR FIRE ACCESS.
THAT'S NOT WHAT I, I DIDN'T KNOW I WANTED TO ASK.
THAT'S PART OF A DIFFERENT SIDE OF THE, NOT AT EACH HOME AT THE END, THE REST I UNDERSTAND.
SO, SO IF SOMETHING HAPPENED TO ONE OF THOSE HOMES CORRECT.
THAT WE JUST HEARD ABOUT, ABSOLUTELY.
THE FIRE DEPARTMENT CAN BREAK THROUGH YOUR FENCE OR GO THROUGH YOUR FENCE.
THEY HAVE THE, THEY'LL HAVE A NOX LOCK AND THEY WOULD HAVE ACCESS TO GET THOSE PROPERTIES, THE PEOPLE THAT WERE CONCERNED.
SO, BUT THE FIRE DEPARTMENT'S ALREADY APPROVED EVERYTHING, SO THAT'S REALLY OUT OF OUR THING TOO.
YEAH, THAT'S BEEN ADDRESSED AND IT'S, YOU'VE ALREADY TAKEN CARE OF IT.
YOU SAID THE, THE PANELS WERE EXISTING WHEN Y'ALL TOOK OVER THE PROPERTY, CORRECT? NO.
YOU'RE THE CONTRACTOR SO YOU, YOU NO, NO.
SO I, I'VE BEEN WITH THE COMPANY ALMOST SIX YEARS AND THE EXISTING FENCE WAS THERE WHEN I STARTED.
IT'S BEEN THERE FOR QUITE A WHILE.
I'M NOT SURE WHEN IT WAS BUILT.
UM, WHEN WAS THAT? WHEN IT WAS BUILT? WELL, YEAH, WHEN Y'ALL TOOK OVER THE PROPERTY.
OH, WELL I'VE BEEN WORKING FOR THE PROPERTY FOR THE, FOR POLY AMERICA FOR SIX YEARS.
SO I DON'T KNOW, I'M NOT SURE WHEN THAT I COULD GET THAT INFORMATION AT SOME POINT, BUT I'M NOT SURE WHEN THAT FENCE WAS BUILT.
BUT POLY AMERICA IS THE ONE THAT PUT THE FENCE UP THOUGH, RIGHT? YEAH.
ANYTHING ELSE UP HERE? THANK YOU GENTLEMEN.
I APPRECIATE YOU COMING BACK UP.
UM, QUESTION TO STAFF, ACCORDING TO YOUR RECORDS ON, ARE WE ALL THIS BEFORE US, IS THE, THE SETBACK IT'S SET YEAH.
AND THE, AND THE HEIGHT, RIGHT? C CORRECT.
SO, UM, WHAT THEY'RE AWAI SO WHAT, WHAT THEY'RE TALKING ABOUT WITH PHILLIP PLAIN AND OTHER THINGS, THEY ARE SOME OTHER LOCATIONAL ISSUES THAT THEY'RE ADDRESSING.
UM, THEY HAVE NOT GOTTEN A, UH, FENCE BUILDING PERMIT YET BECAUSE WE TYPICALLY DO NOT ALLOW, UM, THESE ARE NOT A REQUIRED FENCES, SO THEY WANNA PUT IT UP FOR SECURITY REASONS.
UM, AND THE PROPOSED LOCATION TO US, UM, IS ALONG A PROPERTY LINE WHICH REQUIRES A VARIANCE FROM CBA.
SO THAT'S WHY THEY'RE HERE BEFORE YOU AGAIN, UH, LOCATION OF DEFENSE, OF COURSE, THEY CANNOT PUT UP A FENCE ON SOMEONE ELSE'S PROPERTY.
BUT, UM, THAT IS NOT SOMETHING THAT, AS YOU MENTIONED, ZBA CAN DETERMINE.
UM, THEY WILL HAVE TO PROVIDE, UH, DOCUMENTS WITH THEIR BUILDING PERMIT SHOWING THE SURVEY LINES AND SO ON AND SO FORTH, SHOWING WHERE THE LOCATIONS ARE.
UM, THAT'S PROBABLY ALL STAFF CAN SAY AT THIS POINT.
I I, I'M, GO AHEAD MS. THE CHECK.
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THAT WE'RE NOT HERE TO DETERMINE THE PROPERTY LINES.WE'RE NOT HERE FOR THAT TONIGHT.
AND, AND THE CITY TAKES CARE OF THAT.
DON'T THEY TAKE CARE OF THAT? SO, UM, I, I CAN DEFER THAT TO LEGAL, BUT MY UNDERSTANDING IS IF THERE'S ANY DISPUTE BETWEEN PROPERTY OWNERS SAYING WHERE MY PROPERTY LINE AND THEY WON'T BE ALLOWED TO PUT IT'S A CIVIL ISSUE.
THEY HAVE TO, UM, WELL, SINCE LEGAL'S BEEN MENTIONED, I SEE SHE'S GOT HER FINGER ON THE BUTTON.
SO THE CITY DOES NOT GET INVOLVED IN CIVIL MATTERS, BUT ALL OF DEED RECORDS AND OWNERSHIP IS RECORDED WITH THE COUNTY.
WE DO REQUIRE SURVEYS, WHICH ARE DONE BY LICENSED SURVEYORS TO SHOW OWNERSHIP.
THE COUNTY RECORDS REFLECT THAT THE LAND IS CURRENTLY OWNED BY, UH, MARS, WHICH IS ESSENTIALLY POLY AMERICA.
AND THAT'S WHAT THE SURVEYS THEY HAVE SUBMITTED SHOWS.
WE HAVE NOTHING AT THIS TIME THAT DISPUTES THAT, THAT WOULD CAUSE, UM, THE CITY TO RENDER A DIFFERENT DECISION.
THAT IS SOMETHING THAT IF THEY WANTED TO CHALLENGE IT, IT WOULD BE CHALLENGED IN COURT AND IT WOULD BE HANDLED THROUGH THAT CIVIL PROCESS.
IT'S NOT SOMETHING THAT WOULD COME FOR BEFORE Y'ALL TO MAKE A DETERMINATION ON.
YOU ARE HERE JUST TO DETERMINE, UM, WHETHER OR NOT THEY CAN GET THE HEIGHT VARIANCE AND THE SETBACK VARIANCE THAT THEY'RE REQUESTING.
SO THAT'S THE ONLY THING WE'RE GONNA HEAR.
THAT'S, THAT'S THE ONLY THING I WANNA HEAR A MOTION ON IS ON THOSE.
BUT YOU'RE NOT AWARE OF ANY CURRENT LITIGATION REGARDING THESE PROPERTY LINES? I HAVE NOT CONDUCTED A LITIGATION SEARCH.
I DID WHILE WE WERE SITTING HERE VERIFY WITH COUNTY RECORDS THAT IT SHOWS MARS TO OWN ALL OF THIS LAND.
AND IT'S NOT ONE SOLID TRACK, BUT THERE ARE MULTIPLE TRACKS THAT ALL APPEAR TO BE OWNED BY MARS ACCORDING TO THE COUNTY RECORDS.
AND THIS, BY THE WAY, JUST SO Y'ALL CAN SEE THAT IS THE, UM, MANNING STREET WHERE IT BACKS UP TO THE LAND.
SO YOU CAN KIND OF SEE THAT, UM, WHAT'S BEEN REFERRED TO AS AN ALLEY.
IS THAT A UTILITY EASEMENT? NO.
WHAT, WHAT IS THAT? NO, THERE'S, THERE'S A, IT YOU CAN JUST CHANGE IT TO HYBRID VIEW.
SO YEAH, YOU CAN SEE THAT'S A SMALL LITTLE PARCEL THAT IS ALSO OWNED BY MARS ACCORDING TO COUNTY RECORDS.
UM, BUT I'D KIND OF PUT THE AERIAL VIEW SO YOU COULD, COULD GET AN IDEA OF THE IMAGERY FOR THE AREA AS WELL.
TONIGHT WITH ZBA, THE ISSUE IS WHETHER WE'RE GOING TO APPROVE OR DENY THE SETBACK AND THE SIZE AS FAR AS PROPERTY DISPUTES AND OTHER ISSUES.
YEAH, YOU GUYS, THAT'S GONNA BE ANOTHER ISSUE AS TO LAND.
I DON'T GET TO SHOW UP FOR THAT SHOW.
SO ARE WE CLEAR ON WHAT WE ARE DECIDING TONIGHT IF THAT, WITH THAT BEING SAID, I WILL ENTERTAIN A MOTION.
MR. CHAIRMAN, I'LL MAKE A MOTION THAT WE APPROVE ZBA 24 12 0 0 5 9, UH, FOR THE REQUIRED FENCE BILL AND SETBACK AND INCREASE THE MAX HEIGHT AND CLOSED PUBLIC HEARING.
AND MAY I ASK, WERE YOU ALSO INCLUDING STAFF'S ADDITIONAL CONDITIONS IN ADDITION TO THOSE STAFF RECOMMENDATIONS? STANDARD ONES.
UH, WE WOULD ALSO LIKE TO INCLUDE IN THE MOTION, UM, THE RECOMMENDATIONS THAT STAFF HAS REQUESTED, UH, THREE POINTS THAT COVERS THIS.
I HAVE A MOTION FOR MS. SECOND RODIER.
ANY FURTHER DISCUSSION? SEEING NONE, I'LL ASK FOR A VOTE.
ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
SO WE ARE, THE MOTION FAILS BY ACCOUNT OF THREE TO SIX, IS THAT CORRECT? IS THAT THE MATH Y'ALL SAW? I BELIEVE THAT'S THE MATH WE HAVE.
AND IT SOUNDS LIKE THIS SAGA WILL CONTINUE.
AND CAN WE GET THOSE OPPOSING TO RAISE ALL THOSE OPPOSED? PLEASE RAISE YOUR HAND AGAIN.
IS IT BETTER FOR COUNSEL IF I READ OUT THE NAMES ON EACH SIDE? YES.
WELL, YEAH, FOR YOU I'LL DO IT, BUT SHE'S, SHE'S GONNA BE MEAN TO ME.
UM, WE, THAT TAKES US THROUGH OUR PUBLISHED PART OF OUR AGENDA.
NOW WE'RE GOING TO CITIZEN, CITIZEN COMMENTS.
ANYONE WISHING TO SPEAK ON AN ISSUE THAT WE HAVEN'T COVERED TONIGHT? I SEE NO CARDS AND SEE NONE.
SO WITH THAT, WE ARE ADJOURNED.