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GO AHEAD.

ALRIGHT,

[00:00:01]

LET'S GO.

[BRIEFING SESSION - 5:30 PM]

OKAY.

WELCOME TO THE STAFF BRIEFING OF THE BOARD OF ADJUSTMENTS AND APPEALS FOR THE MEETING OF JULY 20TH, 2026.

I AM KIMBERLY A KIMBRO DOYE CHAIRWOMAN OF THE ZONING BOARD OF ADJUSTMENTS.

THIS STAFF BRIEFING IS HEREBY CALL TO ORDER AT 5:30 PM THIS PORTION OF THE MEETING IS WHERE THE STAFF BRIEFS, THE BOARD AND PREVIEWS 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 WILL NOW CONDUCT A ROLL CALL OF MEMBERS TO COM.

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

KIMBERLY AKIM DOYE.

HERE.

CHRISTOPHER DAY WOLF.

HERE.

SHERA HACKETT.

HERE.

DAVID BAKER.

HERE.

ANTHONY LANGSTON.

HERE.

STACEY WHITE.

ANNA COCA.

CJ RAMIREZ.

HERE.

DEBBIE JOHNSTON.

HERE.

MELINDA ROGERS.

JONATHAN HEAD, ERICA DEAN AND VIVIAN MORRIS HERE.

OKAY.

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

WE WILL NOW HAVE THE STAFF PRESENT TONIGHT'S CASES.

MADAM CHAIR, BEFORE WE BEGIN, I WOULD LIKE TO, UH, LET Y'ALL KNOW WHETHER WE WERE REMOVING ITEM FIVE FROM THE AGENDA, STAFF HAS DETERMINED THAT THIS CASE QUALIFIES FOR ADMINISTRATIVE APPROVAL AND DOES NOT REQUIRE APPROVAL FROM THE ZBA.

THANK YOU.

GOOD BOARD MEMBERS.

HOW EVERYONE, EVERYONE IS DOING WELL.

I'LL PRESENT NUMBER ITEM NUMBER TWO ON YOUR AGENDA TONIGHT.

THIS IS ZBA 26 5 3 3.

THIS IS A SPECIAL EXCEPTIONAL REQUEST FOR A SIDE YARD CARPORT AND ADDITIONAL VARIANCES FOR A PROPERTY LOCATED AT 1433 NORTHWEST SEVENTH STREET, LOCATED IN CITY COUNCIL DISTRICT NUMBER ONE.

SO THE PROPERTY ZONE SINGLE FAMILY ONE AND THE PROPOSED PROJECT IS A SIDE YARD CARPORTS.

UM, THE SPECIAL EXCEPTION WOULD APPLY TO THAT SIDE YARD CARPORT AND THEY HAVE A VARIANCE REQUEST TO INCREASE THE MAXIMUM AREA ALLOWED FOR ALL ACCESSORY STRUCTURES.

ANOTHER VARIANCE REQUEST TO INCREASE THE MAXIMUM AREA FOR, UH, CARPORT.

AND THEN ONE LAST VARIANCE REQUEST TO REDUCE THE SI, THE REAR YARD SETBACK.

THIS IS A SIDE PLAN ILLUSTRATING THE CURRENT PROPERTY AND THE PROPOSED, UM, CARPORT.

SO THE PROPOSED CARDBOARD MEASURE WOULD MEASURE 1,430 SQUARE FEET.

UM, IT WOULD BE MADE OF METAL MATERIAL AND THE DIMENSIONS WOULD BE 22 FEET LONG, OR I'M SORRY, 22 FEET WIDE.

22 FEET, UM, WIDE BY 65 FEET LONG AND 13 FEET TALL TO THE PEAK.

THERE IS NOT CURRENTLY A PERMIT APPLICATION THAT THEY'VE SUBMITTED YET, AND IT WILL BE PLACED ON AN EXISTING CONCRETE DRIVEWAY ADJACENT TO AN ALLEYWAY.

IT IS WITHIN THE 800 FOOT BUFFER.

AND SO IF YOU REMEMBER CARPORTS, IF THEY MEET ALL OF OUR DENSITY AND DIMENSIONAL REQUIREMENTS LOCATED IN OUR UNIFIED DEVELOPMENT CODE, ARTICLE SIX, AND THEY FALL WITHIN 800 FEET OF ANOTHER LEGALLY PERMITTED CARPORTS CAN BE ADMINISTRATIVELY APPROVED BY OUR STAFF.

HOWEVER, AS YOU CAN SEE LISTED OUT BY THE VARIANCES FOR THIS REQUEST, THEY ARE NOT MEETING ALL OF OUR DENSITY AND DIMENSIONAL REQUIREMENTS.

AND THAT'S WHY THEY COME TO THE BOARD TONIGHT.

THIS IS AN ELEVATION DRAWING AND TO GO OVER SOME OF THOSE REQUESTS AGAIN.

UM, AND BEFORE I JUMP INTO THAT, ACTUALLY I DO WANT TO SHOW ON SCREEN, UH, THE PROPERTY HAS AN INTERESTING LAYOUT.

IT DOES FACE TWO DIFFERENT ROADS AND THERE'S AN ALLEYWAY TO THE REAR AS WELL.

SO THAT'S GREENLAND WAY AND NORTHWEST SEVENTH STREET.

SO THIS IS SOMETHING WE'D CONSIDER A DOUBLE FRONTAGE LOT.

I'M SORRY, REPEAT THAT LAST SENTENCE.

IT'S A DOUBLE FRONTAGE LOT, SO IT HAS TWO FRONT SETBACKS.

THANK YOU.

YES, YES, SIR.

SO, UM, THE FIRST VARIANCE THAT THEY'RE, UM, OR I GUESS BEFORE I JUMP INTO THAT, THE SPECIAL EXCEPTION OF LIKE I MENTIONED, IS GONNA APPLY BECAUSE THEY DON'T MEAN ALL OF OUR DENSITY AND DIMENSIONAL REQUIREMENTS.

AND THEN THE FIRST VARIANCE THEY'RE LOOKING AT IS INCREASING THE MAXIMUM AREA FOR ALL ALLOWED ACCESSORY STRUCTURES.

SO RIGHT NOW WHAT IS ALLOWED IS 50% OF THE PRIMARY STRUCTURE, MEANING ALL ACCESSORY STRUCTURES THAT ARE LOCATED WITHIN THE PROPERTY, CANNOT EXCEED 50% OF THE

[00:05:01]

PRIMARY, UH, BILL PRINT OR FOOTPRINT.

SO IF YOU IMAGINE THAT THE HOME MEASURES 1000, UH, 790 SQUARE FEET, THEN IT WOULD BE, UM, THAT HALF.

I THINK RIGHT NOW THEY'RE REQUESTING TO GO UP TO 99.28% OF THE PRIMARY STRUCTURE.

AND I'M SORRY.

SO, UM, YEAH, 50% OF THE PRIMARY STRUCTURE, AND THAT'S A TOTAL OF 901 AND A HALF SQUARE FEET.

SO THAT'S AS MUCH AS THEY'RE ALLOWED AND THEY'RE REQUESTING, UM, YEAH, 9 99 0.28%, WHICH IS 1000 1,090 SQUARE FEET.

SO IT'S A SUBSTANTIAL AMOUNT MORE THAT THEY'RE REQUESTING THAT WHAT'S ALLOWED TO JUMP INTO THE NEXT VARIANCE IS TO INCREASE THE MAXIMUM AREA LOT FOR A CARPORT.

SO MAXIMUM, I DON'T, I DON'T MEAN TO, EXCUSE ME.

JUST A MOMENT BEFORE YOU GO ON.

YES, MA'AM.

AM I READING THAT GREAT.

99.28% OF THE PRIMARY STRUCTURE IS 1007 90, IS THAT CORRECT? CORRECT.

AND THEY'RE REQUI REQUESTING HOW MUCH? SO THEY'RE REQUESTING 99.28%.

UM, SO 1000 1,090 SQUARE FEET.

SO THE MATH THAT YOU DO IS YOU WOULD ADD THE TOTAL AREA OF THE PROPOSED CARPORT? RIGHT.

AND THE, UH, OTHER EXISTING ACCESS ACCESSORY STRUCTURES.

OH, OKAY.

OKAY.

AND THAT TOTAL IS, UH, THE TOTAL AREA AND THAT TOTAL AREA CANNOT EXCEED 50% RIGHT.

OF THE PRIMARY STRUCTURE.

OKAY, THANK YOU.

YES, MA'AM.

SO THE MAXIMUM AREA ALLOWED FOR A CARPORT IS 500 SQUARE FEET AND THEY'RE REQUESTING 1,790 SQUARE FEET.

THE LAST VARIANCE THEY'RE REQUESTING IS TO REDUCE THE REAR YARD SETBACK FOR A SIDE YARD CARPORT.

RIGHT NOW THE REQUIREMENT IS FIVE FEET AND THEY'RE REQUESTING TO HAVE THAT DOWN TO ZERO FEET.

AND IF YOU CAN KIND OF SEE WHERE MY MOUSE IS HOVERING OVER ALONG THAT ALLEYWAY, THAT'S WHAT WE'RE CONSIDERING THE REAR SETBACK.

SO THEY'RE BASICALLY WANTING TO PUT IT RIGHT ALONG THAT PROPERTY LINE THAT'S ADJACENT TO THE ALLEYWAY.

THESE ARE SOME PICTURES.

UM, EXCUSE ME, I HAVE A QUESTION.

YES, MA'AM.

ARE THEY WANTING TO ENTER FROM THE ALLEYWAY, LIKE SET A PUT A GATE THERE? YES, MA'AM.

OKAY.

AND LET ME JUST JUMP AHEAD REALLY QUICK.

SO THIS PICTURE ON THE LEFT KIND OF GOES INTO YOUR QUESTION.

THIS IS FROM THE ALLEYWAY IN THE REAR.

UM, IF YOU WANT TO KIND OF GET YOUR BEARINGS, YOU CAN SEE THE SHED HERE MM-HMM .

AND IF I GO BACK TO THE SITE PLAN, YOU CAN SEE THE SHED THERE AS WELL.

SO THERE IS A GATE AND THERE IS A FENCE THERE.

AND SO THEY WOULD COME IN FROM THE ALLEYWAY, UM, INTO THAT PROPERTY IN THE REAR TO THE CARPORT.

AND, EXCUSE ME, DID YOU HAVE A QUESTION, MR. DWELL? YOUR MIC IS ON.

NO, THAT WAS MY, OKAY.

IT WAS OFF NOW.

OKAY.

IT WAS SHOWING BOTH OF YOU GUYS.

OH, IT'S BECAUSE MINE SHOWS CHRISTOPHER DE WOLF ON MY, ON MY THING.

OKAY.

OKAY.

MINE SAYS KIMBERLY DOTY.

.

OKAY.

THAT'S OKAY.

MINE IS MARK ENTON .

YOU HASN'T BEEN HERE FOR YEARS.

.

I JUST WANTED TO MAKE SURE NOBODY WAS NOT GETTING, YOU KNOW, IF YOU HAD A QUESTION THAT YOU WERE BEING ACKNOWLEDGED.

THANK VERY MUCH.

YOU'RE WELCOME, .

OKAY.

SORRY ABOUT THAT.

NO PROBLEM.

SO THESE ARE JUST SOME IMAGES OF THE PROPERTY ITSELF.

UM, AS YOU CAN SEE, THIS IS FROM, THE PICTURE ON THE LEFT IS FROM NORTHWEST SEVENTH STREET, AND THAT SHOWS THE FENCE.

YOU CAN KIND OF SEE THE ALLEYWAY TO THE BACK THERE AND THEN THE, UM, FACE OF THE HOME.

AND THEN THIS ONE IS FROM GREENLAND WAY.

SO WHERE I'M HOVERING MY MOUSE, YOU CAN KIND OF SEE INTO THE BACKYARD AND THAT'S WHERE THEY'RE WANTING TO PUT THAT IN CARPORT.

I HAVE A QUESTION.

YES.

UH, RIGHT THERE.

IS, IS THAT A TEMPORARY FENCE THERE OR IS THAT A MOTOR HOME RIGHT THERE? UM, THAT'S A, SO THAT'S A FENCE AND I THINK THAT'S LIKE A WORK VAN, LIKE FOR CONTRACTORS, YOU KNOW, THE VANS THEY USE? YEAH.

BECAUSE THEY'VE ALREADY, IT LOOKS LIKE THEY'VE ALREADY GOT CONCRETE.

SO THE CONCRETE FOR THIS IS ALREADY POURED.

YES.

THERE IS ALREADY CONCRETE THERE.

IT GOES ALL THE WAY TO THE HOUSE.

YES, SIR.

UM, LET ME COME BACK HERE A LITTLE BIT.

SO THE CONCRETE COMES ALL THE WAY TO WHERE MY MOUSE IS.

SO AGAIN, THIS IS GREENLAND WAY, THIS IS NORTHWEST SEVENTH.

THIS IS WHERE THEY WANT TO PUT THAT, UM, CARPORT.

AND SO HERE'S THE ALLEYWAY, HERE'S THE FENCE.

OKAY.

AND THE CONCRETE IS ALL THE WAY UP TO HERE.

OKAY.

THANK YOU.

YES, SIR.

UM, REALLY QUICK, I DO WANNA POINT SOMETHING OUT.

SO THESE TWO IMAGES ARE TAKEN ROUGHLY FROM THE SAME SPOT.

THE PROPERTY TO THE REAR ACROSS THE ALLEYWAY DOES HAVE A CARPORT.

UM, I WANNA POINT OUT THAT CARPORTS, IF THEY ARE LOCATED IN THE REAR YARD, DO NOT REQUIRE

[00:10:01]

A SPECIAL EXCEPTION AND THEY ARE PERMITTED, UH, TO ALLOW TO GO THROUGH THAT PERMITTING PROCESS.

WITHOUT ZBAI WAS NOT ABLE TO FIND, UM, A SPECIFIC PERMIT FOR THIS ONE.

THAT DOESN'T MEAN THAT IT WASN'T PERMITTED, NOR IS IT REALLY THE FOCUS OF MY POINT HERE.

I JUST WANTED TO LET YOU KNOW AND LET Y'ALL KNOW THAT THERE IS ANOTHER CARPORT WITHIN THAT VICINITY IN ADDITION TO OTHER CARPORTS THAT ARE WITHIN THAT NEIGHBORHOOD.

AGAIN, THIS CARPORT IS LOCATED WITHIN 800 FOOT BUFFER.

SO IF YOU SEE ON SCREEN IN THE BLUE OUTLINES, THOSE ARE THE PROPERTIES THAT HAVE A LEGALLY PERMITTED CARPORT THROUGH THE ZONING PORT OF ADJUSTMENTS.

I'M SORRY, THAT SEEMS CONTRADICTORY.

YOU HAVE PARAMETERS FOR THE SIZE OF A CARPORT, BUT THEY'RE BUILDING ONE IN THE BACK.

SO THEY, THEY DON'T NEED ZBA APPROVAL.

HOW, HOW IS THAT? SORRY, I DON'T UNDERSTAND THE QUESTION.

CAN YOU REPEAT? WELL, YOU'RE, YOU'RE SAYING THEY HAVE PARAMETERS, THEY'RE ASKING ZBA FOR A LARGER CARPORT THAN WHAT IS PERMITTED BY THE CITY.

BUT YOU'RE ALSO SAYING THAT IF IT'S IN THE BACK, WHICH THIS ONE IS CORRECT, CORRECT.

THAT THEY DON'T, THEY DON'T NEED ZBA PERMISSION TO, TO BUILD THAT CARPORT.

I'M SORRY, I SHOULD CLARIFY.

THAT'S IF THEY MEET OUR DENSITY AND DIMENSIONAL REQUIREMENTS.

OH, OKAY.

OKAY.

YES SIR.

I NEED ONE MORE THING.

CLARIFY BEFORE I CAN, SO I CAN WRAP MY BRAIN AROUND THIS.

TELL ME WHAT YOU'RE CONSIDERING.

THE BACKYARD, WHICH, WHICH IS BACK EAST, I MEAN WEST OR, OR SOUTH? YEAH, THAT, THAT IS A COMPLEX QUESTION.

THAT IS SOMETHING THAT WE, UM, TOOK A LOOK AT.

SO WE ARE CONSIDERING THIS A SIDE YARD CARPORT.

UM, AND THESE ARE TWO FRONT PROPERTY OR TWO FRONT YARDS.

UM, SO IS THE FRONT DOOR WHERE THE TWO BLACK CARS ARE? THE FRONT DOOR IS ON NORTHWEST SEVENTH.

MM-HMM .

OH, OKAY.

OH, OKAY.

OKAY.

OKAY.

GOTCHA.

YEAH.

THIS, THIS RIGHT HERE.

SO THIS IS NORTHWEST SEVENTH STREET MM-HMM .

AND I BELIEVE I MISSED IT.

WHAT, WHAT'S THE STAFF'S RECOMMENDATION HERE? I HAVEN'T GOTTEN THAT FAR.

YEAH.

OH, OKAY.

I CAN GET TO THAT.

UM, SO JUST REALLY QUICK BEFORE I JUMP INTO THAT, AND THAT'S A GREAT QUESTION.

A LOT OF THESE HOMES WERE BUILT IN THE 1950S.

THEY DO COMMONLY INCLUDE, UM, CARPORTS AND OTHER ACCESSORY STRUCTURES, UM, THINGS LIKE HAR PORTS, UH, SHEDS, GREENHOUSES, THINGS LIKE THAT.

HOWEVER, THE CARDBOARDS THAT WE SEE IN THIS AREA ARE NOT MUCH LARGER THAN 500 SQUARE FEET.

SO IN REGARDS TO THIS, NOTICE 31 NOTICE IS WORSE SINCE HOW ZERO RETURN IN FAVOR, ZERO RETURN IN OPPOSED.

AND THERE'S NOT AN HOA PAID OR TIFF IN THIS, THIS NEIGHBORHOOD.

AND IN REGARDS TO THIS ITEM, WE CANNOT SUPPORT THE REQUEST.

AND IF THERE'S ANY ADDITIONAL QUESTIONS, PLEASE FEEL FREE TO ASK.

YES, SALVADOR.

THANK YOU.

UM, IF YOU COULD GO BACK TO THE PICTURE THAT YOU HAD, UH, LET'S SEE.

NOT THAT ONE.

LET'S GO BACK TO MORE.

KEEP GOING.

ALRIGHT.

ONE FORWARD.

SORRY.

OKAY.

WE GOT THIS BUILDING ON THE LEFT AND I THINK IT, YOU SHOWED ON YOUR MAP THAT IT'S ONLY TWO AND A HALF FEET FROM THE FENCE.

SO IS THAT, DID WE GIVE A VARIANCE ON THAT ONE AT SOME POINT? THAT'S A GREAT QUESTION.

SO THE NEXT ITEM ON THE AGENDA IS IN REGARDS TO THAT.

SO I'M GONNA SAVE THAT FOR THAT ITEM.

MM-HMM .

IF YOU CAN HOLD ON.

OH, IS THAT OKAY? SURE.

OKAY, NO PROBLEM.

, UM, I THINK I HAD ANOTHER QUESTION.

SO CAN WE SCROLL BACK A BIT? OKAY.

AND ONE MORE PLEASE.

GOOD.

THIS ONE.

OKAY.

SO WHEN WE'RE LOOKING AT THIS RE REQUESTED AREA, YOU'RE SAYING THAT THE HOUSE ITSELF IS 1700, ABOUT 1800 SQUARE FEET? NO, THE FOOTPRINT OF THE MAIN HOME IS ABOUT 1800 SQUARE FEET.

YEAH, BECAUSE IT'S 50% OF THE PRIMARY STRUCTURE, RIGHT? YES, SIR.

OH, YES MA'AM.

YES.

SO WHAT THEY'RE, ESSENTIALLY WHAT THEY'RE ASKING IS ADD IN YOUR, WHAT WE'RE LOOKING AT IS ADDING IN THE, UH, EXISTING LITTLE STRUCTURE BACK THERE THAT SHED PLUS THIS, UH, CARPORT WOULD BE 1790.

THAT'S CORRECT.

THANKS.

AND SO JUST TO REINSTATE, RESTATE WHAT YOU SAID, THE TOTAL AREA OF ALL ACCESSORY STRUCTURES THAT THEY'RE PROPOSING AND EXIST ON THIS LOT WILL ALMOST BE THE SIZE OF THE, OF THE HOUSE.

THAT'S WHAT I WAS THINKING TOO.

RIGHT.

BUT THE HOUSE IS, IT'S ONLY 1433? OR IS THAT THE ADDRESS? THAT'S THE ADDRESS, MM-HMM .

OH, OKAY.

YES.

OKAY.

AND LET ME JUST GO BACK TO THIS

[00:15:01]

SAFE PLAN REALLY QUICK TO HELP ILLUSTRATE WHAT I'M SAYING.

GOTCHA.

SO, SO I'M SORRY.

GO, GO AHEAD.

NO, GO AHEAD.

SO CAN YOU GO BACK TO THE, THE STRUCTURE ITSELF? THE, THE PICTURE OF THE STRUCTURE.

OKAY.

YOU SEE THAT SLANT TO THAT? THAT'S NOT A, THAT IF I'M LOOKING AT THIS, THAT'S SLANTING OUTWARD.

CORRECT.

10 FOOT COLUMNS HERE.

RAIN WILL BE DIRECTED TOWARD THE ALLEY THROUGH THE GUTTERS.

OKAY.

ENSURING PROPER DRAINAGE AWAY FROM STRUCTURE.

I WAS CONCERNED ABOUT THEIR NEIGHBOR WITH THAT KIND OF DRAINAGE ON A 65 FOOT STRUCTURE.

AND IT LOOKED LIKE THEY HAD SOME KIND OF POOL OR SPA OR SOMETHING OVER THERE, UM, IN THAT BACKYARD.

'CAUSE THIS IS, THIS IS A BUNCH OF ROOFTOP RIGHT HERE.

YES.

AND WE TYPICALLY SEE A MINIMUM FIVE FOOT SETBACK FROM A RIGHT OF WAY.

MM-HMM .

THAT'S WHY ONE OF THE REASONS WHY WE ASK FOR THAT, UM, THIS IS GONNA BE RIGHT NEXT TO THE ALLEYWAY.

YEAH.

SO NOT NECESSARILY THE NEIGHBORS, BUT THE ALLEYWAY STORM WATER GOING DOWN.

I MEAN THAT'S, THAT'S A, THAT'S A LOT OF ROOF LINE.

THAT'S PROBABLY ONE OF THE REASONS THEY DON'T SUPPORT IT.

OKAY.

THANK YOU.

NO PROBLEM.

WELL, WE GOT A WHOLE LITTLE STORY ON FLOOD INSURANCE MAYBE THAT WILL COME IN PLACE, .

UM, BUT BESIDES THE STRUCTURE JUST BEING, YOU KNOW, SUBSTANTIALLY LARGER THAN WHAT YOU NORMALLY SEE IN THE AREA, WHAT OTHER RISKS HAVE YOU GUYS, YOU KNOW, AND I'M GUESSING MAYBE THIS IS WHY, YOU KNOW, STAFF DOESN'T SUPPORT IT, BUT IS THERE ANY OTHER INHERENT RISK THAT COMES WITH A STRUCTURE THIS LARGE? I AM NOT SURE IF I'M GONNA LABEL IT AS A RISK.

OKAY.

BUT I WILL SAY WHEN YOU LOOK AT THE FABRIC AND THE OVERALL DESIGN AND TREND OF THE NEIGHBORHOOD, IF YOU WILL, IT DOESN'T NECESSARILY MEET THOSE SPECIFIC TRENDS.

DESIGN YEAH.

OR FABRIC.

UM, IN THIS NEIGHBORHOOD, YOU DON'T TYPICALLY SEE THESE LARGE STRUCTURES.

YOU SEE ACCESSORY STRUCTURES, IF THEY ARE CARPORTS WITHIN THE DIMENSION INTENSITY REQUIREMENTS OF OUR ARTICLE SIX, IF YOU LOOK AT THIS CARPORT TO THE REAR, IT'S NOT MORE THAN 500 SQUARE FEET.

AND IT DOES PROVIDE SOME SETBACK TO THAT ALLEY TO THE ALLEYWAY.

MM-HMM .

AND SO THE REASON WHY WE'RE SAYING WE CANNOT SUPPORT THE REQUESTS IS BECAUSE THIS IS AT NORMALLY LARGE TO APPROVE SOMETHING LIKE THIS WOULD GO AGAINST THAT FABRIC OF THE NEIGHBORHOOD OF WHAT WE SEE.

YEAH.

PRECEDENTS MM-HMM .

YES.

MM-HMM .

SO MY CLARIFYING QUESTION IS THAT ITEM AGENDA TWO AND THREE IS THE SAME LOCATION, BUT NUMBER TWO, UH, STAFF DOES NOT RECOMMEND IT AT THE, AND BASED ON YOUR RECOMMENDATION, DOES NOT RECOMMEND IT TO BE CLEAR.

ITEMS NUMBER TWO.

ITEM NUMBER TWO ON THE AGENDA IS THE SAME ADDRESS AS ITEM NUMBER THREE.

MM-HMM .

THEY ARE SEPARATE ITEMS. ITEM NUMBER TWO, WE ARE RECOMMENDING THAT WE CANNOT SUPPORT THE REQUEST.

OKAY.

THANK YOU.

OKAY.

ALRIGHT.

THERE'S NO FURTHER QUESTIONS.

I I DO HAVE, I'M SO SORRY Y'ALL NO, GO AHEAD.

ARE THEY, HAVE THEY ALREADY STARTED BUILDING THIS AND YOU AND YOU PULLED THEM TO A PERMIT? THEY HAVE SOME VERY BASIC CONSTRUCTION STARTED AND I'M SEEING THE POST, RIGHT? YES, MA'AM.

MM-HMM .

SO THE POSTS HAVE ALREADY BEEN SET UP THERE.

UM, SO, AND THIS IS SOMETHING THAT I'LL, YOU KNOW, READDRESS IN THE NEXT ITEM BECAUSE IT'S A LITTLE BIT MORE APPLICABLE TO THAT ITEM.

BUT JUST SPEAKING ON THIS ITEM, THE POSTS HAVE BEEN CONSTRUCTED AND THAT'S WHAT THE INTENTS WAS FOR.

YES.

THANK YOU.

DID THEY, WAS IT, DID SOMEBODY SEE THEM? DID THE CITY SAY, HEY, YOU KNOW, WE NOTICED YOU GUYS ARE DOING CONSTRUCTION HERE, YOU NEED TO GO GET A PERMIT? OR DID THEY COME FORWARD ON THEIR OWN SPECIFICALLY JUST FOR THIS CASE? YES.

THE PROPERTY OWNERS, UM, WERE MADE AWARE THAT THEY NEEDED A PERMIT TO GET SOMETHING LIKE THIS.

AND NOT ONLY A PERMIT, BUT A SPECIAL EXCEPTION.

MM-HMM .

WHEN THEY DESCRIBED WHAT THEY WANTED TO DO, THEY WERE MADE AWARE OF THE PERMITTING PROCESS BECAUSE CODE ENFORCEMENT HAD VISITED THEM FOR SOMETHING UNRELATED TO THIS ITEM.

OKAY.

OKAY.

YES.

OKAY.

ALL RIGHT.

WELL I WANNA MAKE SURE WE HAVE TIME TO GET THROUGH CASES THREE AND FOUR.

MM-HMM .

SO, OKAY.

MOVING ON TO ITEM NUMBER THREE.

THIS IS EBA DASH 26

[00:20:01]

DASH FIVE DASH 34.

THIS IS, UM, VARIANCES FOR AN ACCESSORY STRUCTURE LOCATED AT 1433 NORTHWEST SEVENTH STREET CITY COUNCIL DISTRICT NUMBER ONE.

THIS PROPERTY IS ON SINGLE FAMILY ONE RESIDENTIAL, AND THE PROJECT IS IN EXISTING ACCESSORY STRUCTURE WITH A REQUEST FOR A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD.

ANOTHER VARIANCE TO REDUCE THE FRONT YARD SETBACK AND ANOTHER VARIANCE TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY STRUCTURE.

SO THIS IS THE SIDE PLAN THAT THEY HAVE PROVIDED TO US.

UM, THE PROJECT THAT IS EXISTING IS A 360 FOOT SQUARE FOOT, EXCUSE ME, 360 SQUARE FOOT STORAGE SHED MEASURING 24 FOOT WIDE BY 15 FEET LONG AND 11 FEET AND SIX INCHES TALL.

THIS WAS BROUGHT TO US, UM, THROUGH CODE ENFORCEMENT, OUR CODE ENFORCEMENT DEPARTMENT.

THEY NOTICED THE STRUCTURE THAT HAD BEEN BUILT SO DOWN ANY PERMITS.

UM, AND SO THEY BROUGHT THAT TO OUR ATTENTION AND THEN THE APPLICANT HAS THEN COME FORWARD TO THE ZONING BOARD OF ADJUSTMENTS TO TRY TO GET THIS RECTIFIED SO THAT THEY DON'T HAVE TO TEAR DOWN THE EXISTING SHED.

ONE OF THE MAJOR COMPONENTS THAT WE'RE GONNA BE TALKING ABOUT IN THIS ITEM IS THAT THE SHED, THE EXISTING SHED IS LOCATED IN THE FRONT YARD.

WE DO HAVE A SPECIFIC RULE IN OUR ARTICLE SIX OF THE UNIFIED DEVELOPMENT CODE THAT SPECIFICALLY STATES YOU CANNOT HAVE ANY ACCESSORY STRUCTURES IN THE FRONT YARD WHATSOEVER.

AND SO BECAUSE OF THE CONFIGURATION OF THIS LOT THAT IT HAS TWO FRONTAGES, ONE ALONG GREENLAND WAY AND ONE ALONG NORTHWEST SEVENTH STREET, THE RESULT IS THAT THE ACCESSORY STRUCTURE IS CURRENTLY IN THE FRONT YARD.

IT IS ACTUALLY PRETTY CLOSE TO THAT FRONT YARD BUILD LINE AND THAT YOU SEE ON SCREEN THERE HERE.

AND BECAUSE OF RESULTS OF THIS, THEY'RE ASKING FOR VARIANCE TO REDUCE THAT FRONT YARD SETBACK FROM 30 FEET TO 22 FEET AND SIX INCHES, AND THEN REDUCE THE SIDE YARD SETBACK AS WELL BECAUSE THEY DO NOT HAVE ENOUGH SPACE TO THE ALLEYWAY TO THAT PROPERTY ALONG ALONG THE ALLEYWAY.

UM, AND SO THERE'S TWO VARIANCES ATTACHED TO THAT, THE VARIANCE FOR ALLOWING AN ACCESSORY STRUCTURE IN THE FRONT YARD.

AND THEN, UM, OR THAT'S IT.

I'M SORRY.

SO NOT TO WORK BACKWARDS THERE, BUT THESE ARE SOME OF THE IMAGES.

SO THIS IS THE ACCESSORY ACCESSORY STRUCTURE IN QUESTION.

SO YOU CAN SEE IT'S FAIRLY LARGE AND IT IS IN THE FRONT YARD.

IT'S PASSING THE HOME THERE.

JUST SOME MORE IMAGES OF IT.

OKAY.

SO JUST A LITTLE BIT ABOUT THE NEIGHBORHOOD.

UM, AGAIN, THIS WAS, UH, A LOT OF THESE HOMES WERE BUILT IN THE 1950S AND THEY COMMONLY DO INCLUDE ADDITIONS AND ACCESSORY STRUCTURES, BUT THE ACCESSORY STRUCTURES THAT ARE SEEN ARE IN THE REAR YARD.

THEY'RE NOT IN THE FRONT YARD.

AND SO THE DIMENSIONS OF THE SHED ARE COMMON TO THOSE IN THE NEIGHBORHOOD.

THE MAJOR EXCEPTION IS THE LOCATION IN REGARDS TO THIS ITEM.

31 NOTICES WORSE UNTIL ZERO, RETURN IN FAVOR, ZERO RETURN OPPOSED, AND THERE'S NOT AN OA OR PIT WORK TO COURT TO.

THANK YOU MR. GER .

AND IN REGARDS TO THIS ITEM, ZBA 26 DASH ZERO FIVE DASH 0 3 4 STAFF DOES NOT OBJECT TO THE REQUEST AND I CAN ANSWER ANY QUESTIONS THAT THE BOARD MAY HAVE.

I HAVE A QUESTION.

IS THAT, IS THAT ON A CONCRETE PAD OR IS IT ON SKIDS WHERE IT'S AS A WOOD FLOOR THAT CAN BE MOVED? I'M NOT SURE THAT, UH, I KNOW THE ANSWER TO THAT.

I KNOW THE APPLICANT WILL BE HERE TONIGHT AND THEY CAN ANSWER THAT.

OKAY.

HOWEVER, WE HAVE TALKED TO THEM, EXCUSE ME, SUBSTANTIALLY ABOUT MOVING THE LOCATION OF THE SHED.

I WILL SAY THIS IS THE FINAL REQUEST AS, AS THEY HAVE REQUESTED THROUGH STAFF, THIS IS THEIR FINAL SIDE PLAN THAT THEY PROVIDED.

THIS IS WHAT THEY ARE ASKING FOR.

IS THERE ELECTRICITY AND WATER IN THAT SHED? I'M NOT SURE ABOUT THAT EITHER.

YOU CAN DEFINITELY ASK THEM.

THANK YOU AS WELL.

YES.

SO COULD YOU GO BACK A SLIDE, UH, WITH THE YELLOW DOT SHOWING WHERE IT IS THERE, THIS ONE BACK.

OKAY.

THIS ONE.

OKAY.

OKAY.

SO YOU HAD SAID, I'M GONNA TRY NOT TO RELATE THESE CASES SINCE THEY'RE TWO SEPARATE ONES.

BUT YOU HAD SAID STAFF HAD DECIDED THAT THE, THEIR PROPOSED CARPORT WAS A, WAS ON THE SIDE YARD.

YES.

YOU HAD COME TO THAT CONCLUSION.

SO ARE Y'ALL CALLING THIS THE FRONT BECAUSE IT'S THAT MUCH CLOSER TO NORTHWEST SEVENTH? IS THAT IT'S

[00:25:01]

ABOUT, I'M SORRY, GO AHEAD.

THE, THE ONE IN THIS CASE MM-HMM .

THAT'S EXISTING.

YES.

IT'S ABOUT THE LOCATION OF THE, UM, OF THE STRUCTURE ITSELF.

'CAUSE IT'S SLID TO THE FRONT NEAR SEVENTH.

CORRECT.

ALRIGHT.

AND IF YOU LOOK AT THE SITE PLAN, THEY WOULD BE EXCEEDING THE FRONT BUILD LINE.

UM, SO THAT'S WHY WE'RE ASKING FOR, OR THEY WERE ASKING FOR THOSE VARIANCES AS WELL.

HAS IT, SO THE RIGHT HAND SIDE IS THE FRONT YARD, THE LEFT HAND SIDE IS THE BACK END.

ONE MORE TIME.

THE RIGHT HAND SIDE IS THE FRONT YARD, LEFT HAND SIDE IS THE BACKYARD.

RIGHT.

I THINK IT JUST DEPENDS ON THE, WELL THE PICTURE, THE AREA OF THE HOME, RIGHT.

OR THE, WELL THE PICTURE, WHEN YOU'RE LOOKING AT IT, IF THE SEVENTH STREET IS THEIR FRONT YARD MM-HMM .

THAT'S THE FRONT DOOR.

THAT MEANS THAT THE RIGHT THERE, THE, SO THE, THE JUST ABOUT THE BACK OF THE LEFT HAND SIDE OF THAT SHED IS ABOUT EVEN WITH THE FRONT OF THE HOUSE.

MM-HMM .

YEAH.

SO JUST TO CLARIFY ONE THING TOO AS WELL.

UM, SO THE, LIKE YOU SAID, THE FRONT DOOR IS FACING NORTHWEST SEVENTH STREET AND I HAVE THIS PICTURE HERE WHERE I THINK I MAY HAVE GONE THE WRONG WAY, BUT WHEN IT COMES TO THESE LOTS, BECAUSE THEY'RE CORNER LOTS, THEY, THEY HAVE WHAT'S CALLED A DOUBLE FRONTAGE SETBACK.

RIGHT.

SO EVEN THOUGH THERE'S NOT A DOOR PER SE ON GREENLAND WAY, THE REQUIRED AMOUNT OF SPACE FROM THE PROPERTY LINE TO WHERE THAT BILL LINE IS GONNA BE THE SAME AS NORTHWEST SEVENTH STREET.

GOTCHA.

YES.

THE WAY THAT THIS LOOKS, IF THEY HAD A GREENLAND ADDRESS, THIS WOULD BE IN THEIR BACKYARD.

ALL OF THIS WOULD BE IN THEIR BACKYARD.

AND THAT WOULD BE A PERMISSIBLE STRUCTURE.

NO.

SO AGAIN, EVEN IF THEY WERE FACING GREEN LINE WAY, RIGHT.

UHHUH AND THE DOOR IS ON THIS SIDE, UHHUH , THAT FRONT BUILD LINE COMES RIGHT TO THE SAME PLACE.

GOTCHA.

YES.

THANK YOU.

MM-HMM .

UM, IF I MAY INTERJECT, WHETHER IT'S A SIDE YARD CARPORT OR A REAR YARD CARPORT, THAT DEFINITION DOES NOT CHANGE THE, UH, VARIANCES THEY'RE REQUESTING, RIGHT? THE VARIANCES, THEY, THEY ARE BEFORE YOU TODAY IS THE SINUS OF THE CARPORT IS BIGGER THAN WHAT WE ALL HAVE.

WE'RE TALKING ABOUT THE CARPORT NOW WE'RE PAST THAT.

OKAY.

WE'RE, WE'RE TALKING ABOUT THIS SECOND ONE, THE IN FRONT FRONT YARD.

I THINK IT YEAH, THEY ARE IN THE FRONT YARD BECAUSE THEY HAVE DOUBLE FRONTAGES ALL CORNER LOT HAVE DOUBLE FRONTAGES.

THAT'S WHAT IT IS AGAIN, THEY STILL ARE YEAH, YEAH.

WAY TOO CLOSE TO THE STREET.

YEAH, WE GOT IT.

SALVADOR.

UH, YES, I'M SEEING TWO EXISTING CONCRETE DRIVEWAYS PLUS THE PROPOSED CARPORT, WHICH IS ANOTHER MM-HMM IT'S ALREADY ACTUALLY THERE'S THREE DRIVEWAYS.

SO THERE'S THREE DRIVEWAYS.

THAT'S RIGHT.

AND SO, AND ONE, I GUESS MY QUESTION IS, IF WE WERE TO NOT APPROVE THIS, NUMBER THREE, WHAT HAPPENS TO THAT SHED? THAT'S A GREAT QUESTION.

SO IF YOU WERE TO DI DENY THIS REQUEST, THEN THE SHED WOULD BE, IT WOULD COME, IT WOULD BE IN NON-COMPLIANCE AT THAT POINT.

I DO WANNA ASK SENIOR PLANNER WHAT THE NEXT, YES.

SO TYPICALLY, UM, WE WILL NOTIFY THE APPLICANT OF THE ZPA DECISION THEY HAVE.

THEY ARE USUALLY GIVEN A CERTAIN TIMEFRAME TO COMPLY, MEANING EITHER THEY TEAR IT DOWN, RELOCATE, BUT A LOT OF TIMES WHAT PEOPLE CHOOSE TO DO IS THEY TRY TO WAIT AND TRY TO COME BACK FOR APPROVAL.

IN THE MEANTIME, THERE MIGHT BE SOME CODING FOR, UH, ENFORCEMENT ACTION THAT'S BEING DISCUSSED WITH CITY.

BUT AGAIN, UM, IF THEY'RE DENIED THEN YOU KNOW, USUALLY THEY TRY TO ASK FOR CODE.

HEY, CAN WE GET SOME EXTENSIONS SO WE CAN FIGURE OUT WHAT WE CAN DO WITH THIS BUILDING PERMIT.

AGAIN, IT MIGHT COME BACK FOR REDUCED S AND OTHER ISSUES, BUT, UM, THERE IS AN OPTION, YOU KNOW, TO ALWAYS WAIVE FOR A YEAR.

AGAIN, IT WILL JUST REMAIN AS ILLEGAL STRUCTURE.

SO IT NEVER PERMIT BY US, IT WAS MOVE.

IF IT WAS MOVABLE THEY COULD MOVE IT UP, YOU KNOW, JUST BACK BEHIND THE FURTHER DOWN AND WHAT, BUT THERE'S, THERE'S NO APPEAL PROCESS HERE.

SO THEY WOULD HAVE TO, YOU ARE HERE YOU SAID? WELL, SO NO, UM, THE, THE ONE YEAR IS TO COME BACK TO ZBA FOR ANOTHER CONSIDERATION.

WE DON'T ALLOW THEM TO COME BACK.

THERE IS AN APPEAL PROCESS TO THE DISTRICT COURT, HOWEVER, AT THE DISTRICT COURT THEY HAVE TO PROVE, UM, SORRY, IT'S PROBABLY MORE, UM, HILLARY'S AREA THAT THEY HAVE TO PROVE THAT THERE WAS AN ERROR IN THE PROCEDURE PROCEEDING OF THIS PROCESS.

OKAY.

IT'S NOT ABOUT THEY AGREE OR DISAGREE WITH THE BOARD'S DECISION.

CAN YOU TELL ME WHY STAFF WOULD APPROVE A STRUCTURE IN THE FRONT YARD? WELL, THE WAY WE LOOKED AT IT IN REGARDS TO THIS ITEM IS IT'S ALREADY CONSTRUCTED.

IF YOU WERE TO APPROVE THE VARIANCES THAT ARE BEING REQUESTED TONIGHT, IT WOULD BRING THE SHED INTO COMPLIANCE AND THEREFORE HAVE A STRUCTURE THAT IS COMPLIANT WITH THE UNIFIED DEVELOPMENT CODE AND THE ZONING BOARD OF ADJUSTMENTS.

THEY COULD THEN GO AND GET THEIR PERMITS TO MAKE SURE THAT IT'S ALL SOUND THROUGH THE BILLING DEPARTMENT

[00:30:01]

AND THEN ULTIMATELY HAVE A STRUCTURE THAT'S SAFE COMPLIANCE AND UP TO CODE AND SET PRECEDENCE.

MM-HMM .

THAT WOULD BE SOMETHING THAT WOULD HAPPEN.

IT IS A VARIANCE REQUEST AT THE END OF THE DAY, IF YOU GUYS WANT TO DENY IT, IS THAT YOUR, UM, YOU DO HAVE THE DISCRETION THAT DOES NOT CHANGE CODE.

NO, IT DOESN'T CHANGE CODE, BUT IT DOES SET UP A PRECEDENCE THAT CAN BE CHALLENGED.

WE'RE DOING THAT EVERY TIME.

SOME WAYS THAT'S, THAT'S UP TO THE BOARD HOW YOU GUYS WANT TO INTERPRET THE REQUESTS AND HOW YOU WANT TO PROCEED ON THAT.

THANK YOU.

I THINK I JUST HAVE ONE REALLY QUICK QUESTION.

ITEM TWO AND HOW THAT VOTE GOES DOESN'T HAVE AN IMPACT ON ITEM THREE, CORRECT? CORRECT.

THEY BOTH COMPLETELY SEPARATE, SEPARATE ITEMS, SEPARATE PUBLIC NOTICES, SUB SEPARATE, UM, REQUEST.

AND SALVADOR, CAN YOU GO BACK TO THE PICTURE AGAIN? UH, WHERE WE CAN SEE THE ACTUAL HOMES? THIS ONE? NO, WHERE.

OH, THE OTHER WAY.

OKAY.

THE ACTUAL HOMES.

THIS ONE OR THIS ONE? UH, THAT ONE RIGHT THERE, THE SHED IS THERE? YES MA'AM.

IT'S BEHIND THE FENCE.

AND CURRENTLY WHERE WE ARE ON ITEM THREE, UH, BASICALLY, UH, THE BOARD DOES NOT, I MEAN YOU GUYS DO NOT DISAGREE BASICALLY YOU'RE SAYING YES.

IF YOU WERE TO GRANT THESE VARIANCES, WE WOULD BE OKAY.

BE OKAY WITH IT.

WE WOULD, WE WOULD, UM, WITH THAT VARIANCE.

YEP.

OKAY.

THANK YOU.

OKAY.

ALRIGHT.

OKAY, NUMBER AARON.

OKAY, ITEM FOUR ZBA 2 6 0 6 0 0 3 7 IS A VARIANCE TO THE SIDE YARD SETBACK FOR PRIMARY STRUCTURE LOCATED AT 3 5 3 4 ROSELEE SETON ROAD.

THIS PROPERTY IS ON SINGLE FAMILY, ONE DISTRICT.

AS I MENTIONED, THE PROJECT IS TO CONTRACT A NEW SINGLE FAMILY HOME.

OKAY.

PROPERTY DETAILS.

SO YOU CAN SEE A FEW THINGS HAPPENING HERE.

THE PROPERTY WAS RECENTLY PLATTED.

UM, THIS YEAR IT WAS PLATTED WITH A DRAINAGE EASEMENT THAT GOES FROM THE PROPERTY TO THE NORTH OF THE SITE.

SO IT KIND OF COMES THROUGH HERE.

THIS IS APPROXIMATE SHOWING THE AREA OF THAT EASEMENT COMES ON DOWN, GOES ON THROUGH.

UH, ANOTHER UM, NOTATION ABOUT THIS PROPERTY IS IT DOES HAVE SOME SLOPE AND IT SLOPES GENERALLY DOWN HERE TO THAT POINT.

AND FROM HERE DOWN TO HERE.

SO THERE'S A LITTLE BIT OF A U SHAPE IN THE MIDDLE OF THIS PROPERTY.

JUST INFORMATION FOR YOU ALL.

THE APPLICANT IS RE REQUESTING A VARIANCE TO REDUCE THE SIDE YARD SETBACK, SPECIFICALLY ON THE NORTHERN PROPERTY LINE HERE ALONG THE TOP FROM THE REQUIRED EIGHT FEET TO THE REQUESTED SIX FEET.

THE, UH, PROPOSED HOME DOES MEET ALL OF THE OTHER DENSITY AND DIMENSIONAL REQUIREMENTS FOR THE ZONING DISTRICT.

HERE IS A PICTURE SHOWING YOU THE SUBJECT PROPERTY.

OKAY, SO HERE IS THEIR PROPOSED SITE PLAN.

YOU CAN SEE THE, THE DRAINAGE ARROWS.

ALL OF THESE LITTLE AREA ARROWS ARE SHOWING YOU HOW THE DRAINAGE WORKS ON THE PROPERTY.

YOU CAN KIND OF SEE THAT IT GOES SORT OF INTO A LITTLE VALLEY HERE YOU CAN SEE THE EXTENT OF THAT VARIABLE WIDTH DRAINAGE EASEMENT.

YOU CAN SEE THE PROPOSED, UH, FOOTPRINT OF THE HOUSE.

IT DOES COMPLY WITH THE EIGHT FOOT SIDE YARD SETBACK.

ON THE SOUTHERN SIDE, THEY HAVE 19 FEET.

ON THE NORTHERN SIDE, THEY ARE PROPOSING SIX.

SO THIS WHOLE ENTIRE LINE WOULD BE SIX FEET NEIGHBORHOOD CHARACTERISTICS.

SO WHAT THIS MAP IS SHOWING YOU IS THE ZONING.

WE HAVE SINGLE FAMILY ONE, UM, THE SUBJECT PROPERTY IMMEDIATELY AROUND IT ON THE OTHER SIDE TO THE WEST.

UM, THIS YELLOW IS SINGLE FAMILY THREE.

OKAY, THAT'S PRETTY FAR AWAY FROM US, BUT JUST SHOWING YOU KIND OF THE WHOLE AREA.

PD 2 77 RIGHT UP HERE AT THE TOP, THAT PROVIDES FOR A FIVE FOOT SIDE YARD SETBACK.

OKAY? SO ALL OF THOSE HOMES AND PROPERTIES GET TO BUILD AT FIVE FEET ON THE SIDE PD THREE 30.

THIS ONE HERE ON THE SOUTHWEST, THAT ALSO ALLOWS FOR A SIX FOOT SIDE YARD SETBACK.

SO THESE HOMES HAVE BEEN BUILT TO SIX FEET.

THE PD THREE 16, WHICH IS ADJACENT AT THE REAR OF THIS PROPERTY, UM, ALSO PROVIDES FOR A SIX FOOT SIDE YARD SETBACK.

[00:35:01]

AND THIS SINGLE FAMILY THREE ALL THE WAY OVER HERE TO THE EAST IS ANOTHER SIX FOOT SIDE CHART SETBACK.

SO, UH, STAFF BELIEVES THAT THE REQUEST VARIANCE WILL NOT CREATE VISUAL OR FUNCTIONAL IMPACTS TO ADJACENT PROPERTIES OR AFFECT THE ESTABLISHED RESIDENTIAL CHARACTER OF THE SURROUNDING AREA.

SO IS THE VARIANCE CONTRARY TO PUBLIC INTEREST? UH, STAFF BELIEVES NO.

THAT IT IS, IT IS NOT CONTRARY, CONTRARY TO PUBLIC INTEREST.

IT ALLOWS FOR THE REASONABLE DEVELOPMENT OF A SINGLE FAMILY PROPERTY.

UM, BUT IS THE VARIANCE REQUEST DUE TO SPECIAL CONDI CONDITIONS, A LITERAL ENFORCEMENT OF THE ZONING ORDINANCE, UH, WOULD RESULT IN AN UNNECESSARY HARDSHIP.

UM, A HARDSHIP THAT'S BEEN UNIQUE AND CIRCUMSTANCES NOT BEEN FOUND AT THIS PARTICULAR PROPERTY.

STAFF SENT 42 NOTICES WE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION.

THERE'S NOT AN HOA PID OR TIFF STAFF DOES NOT OBJECT TO THE REQUEST AS, UH, PRESENTED HERE.

SO WITH THAT MADAM CHAIR, DO YOU OR ANY MEMBERS OF THE BOARD HAVE QUESTIONS FOR ME? I DO NOT.

AARON, UH, CAN WE GO BACK A COUPLE OF SLIDES? SURE.

CAN YOU, YOU HAD SOMETHING IN GRAY? KEEP GOING.

THIS ONE HERE WHERE? UHHUH.

? YEP.

YOU'VE GOT, UM, WHERE IT SAYS ON THE LEFT HAND SIDE THERE, IT SAYS L IT SAYS LI.

THAT IS A LIGHT INDUSTRIAL DISTRICT.

IT IS ODD.

UH, THERE COULD BE REMNANTS FROM OLD ZONING DISTRICTS.

THERE COULD BE A MISALIGNMENT OF THE AERIAL PHOTOGRAPHY THAT WE USE ON OUR MAPPING SYSTEM WITH ZONING DISTRICT BOUNDARIES.

SOMETIMES THERE ARE AREAS WHERE, WHERE IT DOESN'T MESH A HUNDRED PERCENT, BUT YES, LI IS FOR LIGHT INDUSTRIAL.

OKAY, THANK YOU.

OF COURSE.

ANY OTHER QUESTIONS? ALRIGHT, MADAM CHAIR.

THANK YOU.

BACK TO YOU.

DOES ANYBODY NEED A COMFORT BREAK? YES.

OKAY, GO .

WHO'S IN DISTRICT ONE? UH, THAT'S, THAT WAS GONNA BE ANOTHER QUESTION I HAD.

WHO'S IN DISTRICT ONE? SOME NOBODY.

THAT'S GEORGIA'S AREA.

DISTRICT ONE, NOBODY.

OKAY, PERFECT.

AT LARGE? YES.

DEBBIE? I'M AT LARGE.

OKAY, SO YOU HAVE TWO AND THREE.

WHAT ABOUT, ARE ALL THESE IN DISTRICT ONE? ALL THESE, ALL OF ALL OF 'EM ARE IN DISTRICT ONE.

OKAY, THANK YOU.

BUT IT'S THE PERSON.

OKAY.

OKAY.

YEAH.

AND MADAM CHAIR, WE, WE HAVE 10 MEMBERS.

SO IF YOU THAT WAS LITERALLY WAS I JUST ABOUT TO SAY, SO WE HAVE 10, UM, WE HAVE NINE MEMBERS PRESENT AND ONE ALTERNATE PRESENT ON THE ALTERNATE.

AND SHE'S LIKE, SHE'S LIKE, PEACE OUT.

I'M ACTUALLY LEAVING.

I'M LEAVING IN THE MORNING AT 3:00 AM OH, GO, GO, GO, GO.

THANK YOU FOR COMING.

UM, MADAM CHAIR, UH, DID WE ANNOUNCE THE ADJOURNMENT OF THE BRIEFING AND THE WHAT WILL PICK BACK UP? I'M GOING, OKAY.

ABSOLUTELY.

THAT'S THE WAY TO DO, THAT'S CORRECT.

THAT'S THE RIGHT WAY.

SO TELL ME EXACTLY HOW MANY YOU WANT ME TO, UM, MAKE A MOTION? MM-HMM .

TO CLOSE AND APPROVE AND APPROVE.

MM-HMM .

HAVE QUESTION.

THIS CASE NUMBER? YES, MA'AM.

UM, DID YOU OH, THE ADJOURNMENT TIME OF THE BRIEFING AND WHAT, I'M SORRY, I DID NOT ON THE ACTUAL PUBLIC HEARING.

WOULD YOU MIND MAKING THAT ANNOUNCEMENT? I WILL.

I WILL APOLOGIZE.

AND THAT WAS PROBABLY LIKE FOUR MINUTES AGO, I THINK WHEN I LOOKED AT THE CLOCK, IT WAS ABOUT 6 0 5.

OKAY.

WHAT TIME? WE'LL UP.

PERFECT.

WE ARE ADJOURNING THE STAFF BRIEFING AND WE WILL RECONVENE AT SIX 15 FOR THE REGULAR MEETING.

DOES THAT WORK? THANK YOU VERY MUCH.

THANK YOU.

PERFECT.

OKAY.

WANTED TO BE SURE.

AND THEN SIX 15 WE'LL GET STARTED.

[Call to Order]

WELCOME TO THE CITY OF GRAND PRAIRIE ZONING BOARD OF ADJUSTMENTS AND APPEALS MEETING OF JULY 20TH, 2026.

I'M KIMBERLY AKIM RODIER CHAIRWOMAN OF THE ZONING BOARD OF ADJUSTMENTS.

THIS MEETING IS HEREBY CALL TO ORDER AT 6:16 PM THE ZONING BOARD OF ADJUSTMENTS USUALLY MEETS ON 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 GREEN PRAIRIE'S UNIFIED DEVELOPMENT CODE AND FOLLOWS A PRINTED AGENDA THAT IS AVAILABLE ONLINE IN ACCORDANCE WITH SECTION TWO 11.009 OF

[00:40:01]

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 IN WHICH THE BOARD HAS JURISDICTION.

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

I WILL NOW CONDUCT A ROLL CALL OF MEMBERS TO CONFORM A PRESENCE IN A QUORUM.

UH, AFTER I CALL YOUR NAME, PLEASE SAY, HERE KIMBERLY KIM DOYE.

HERE.

CHRISTOPHER DAY WOLF.

HERE.

SHERA HACKETT.

HERE.

DAVID BAKER.

HERE.

ANTHONY LANGSTON.

HERE.

STACEY WHITE.

HERE.

ANNA COKA.

HERE.

CJ RAMIREZ.

HERE.

AND DEBBIE JOHNSTON.

HERE, LET THE RECORD REFLECT THAT ALL MEMBERS ARE PRESENT.

AND NOW WE WILL HAVE AN INVOCATION.

DO WE HAVE ANYONE THAT WOULD LIKE TO GIVE THE INVOCATION? SURE.

GO AHEAD.

OKAY.

HEAVENLY FATHER, WE THANK YOU FOR THIS DAY.

WE THANK YOU FOR BRINGING US HERE ON YOUR ACCORD TO GO ABOUT THE BUSINESS OF THIS COMMITTEE.

WE PRAY THAT YOU BLESS EACH AND EVERY MEMBER AND KEEP US ON THE STRAIGHT AND NARROW PATH.

WE ASK THAT YOU CONTINUE TO BLESS OUR COUNTRY, OUR, OUR NATION AS A WHOLE AND THE WORLD AS WE GO ABOUT DOING YOUR WORK.

IN JESUS' NAME WE PRAY.

AMEN.

AMEN.

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

THE STAFF WILL PRESENT FIRST ON ANY AGENDA ITEM.

APPLICANTS WILL HAVE 30 MEN, UH, 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.

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

STAFF WILL BE AVAILABLE TO RESPOND TO QUESTIONS FOLLOWING THE 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.

SO

[APPROVAL OF MINUTES]

OUR FIRST ACTION FOR TONIGHT IS WE WILL APPROVE THE MINUTES FROM THE MEETING OF JUNE 15TH, 2026.

IS THERE ANY MEMBER OF THE BOARD WHO WISHES TO SPEAK ON THESE MINUTES OR PUBLIC NOT HEARING ANY? DO I HAVE A MOTION? MADAM CHAIRMAN, I MAKE WE MOTION.

WE APPROVE THE MINUTES OF JUNE 15TH, 2026.

SECOND.

SECOND.

THANK YOU.

I HAVE A MOTION BY MR. BAKER AND A SECOND BY MS. COCA.

ANY DISCUSSION? ALL IN FAVOR, RAISE YOUR HAND.

ALL OPPOSED, MOTION PASSES BY A VOTE OF NINE TO ZERO.

[2. ZBA-26-05-0033 (Council District 1) – Special exception for a side yard carport and variances to the maximum area of all accessory structures, the maximum area of a carport, the side yard setback, and the rear yard setback for a side yard carport permitted under the Unified Development Code, located at 1433 NW 7th St., legally described as Lot 12, Block 4, Internation Estates Addition No. 2, City of Grand Prairie, Dallas County, Texas, zoned Single Family-One (SF-1) District]

THAT BRINGS US TO THE PUBLIC HEARING FOR THE CASES LISTED IN THE AGENDA.

COME ON UP, MR. SALVADOR.

OH, ERIN, YOU CAN? YES.

OKAY, PERFECT.

ON, UH, FOR THE RECORD, LET Y'ALL KNOW THAT WE'RE REMOVING ITEM FIVE FROM THE AGENDA.

UH, STAFF DETERMINE THAT THIS CASE QUALIFIES FOR AN ADMINISTRATIVE APPROVAL.

SO THE BOARD OF ADJUSTMENT DOES NOT NEED TO TAKE ACTION ON IT.

THANK YOU.

WE HAVE THAT NOTED.

ITEM FIVE WILL BE REMOVED FROM THE AGENDA.

GOOD EVENING BOARD MEMBERS TONIGHT I'LL BE PRESENTING ITEM NUMBER TWO ON YOUR AGENDA.

THIS IS ZBA DASH 26 DASH FIVE DASH 0 3 3.

THIS IS A SPECIAL EXCEPTION REQUEST FOR A SITE YARD CARPORT AND ADDITIONAL VARIANCES FOR PROPERTY LOCATED AT 1433 NORTHWEST SEVENTH STREET.

LOCATED IN CITY COUNCIL.

DISTRICT NUMBER ONE, THE PROPERTY IS OWNED SINGLE FAMILY ONE AND THE PROPOSED PROJECT IS A SIDE YARD CARPORTS.

THERE IS A SPECIAL EXCEPTION REQUEST FOR THAT SIDE YARD CARPORT, A VARIANCE REQUEST TO INCREASE THE MAXIMUM AREA ALLOWED FOR ALL ACCESSORY STRUCTURES.

ANOTHER VARIANCE REQUEST TO INCREASE THE MAXIMUM AREA ALLOWED FOR ALL, EXCUSE ME, FOR A CARPORT AND A VARIANCE REQUEST TO REDUCE THE SIDE YARD SETBACK FOR THAT PROPOSED CARPORT.

THE PROPOSED PROJECT, AGAIN IS A 1,430 SQUARE FOOT METAL CARDBOARDS.

THE DIMENSIONS BEING 22 FOOT WIDE BY 65 FEET LONG AND 13 FEET TALL TO THE PEAK.

THERE'S NOT CURRENTLY ANY PERMITS THAT HAVE BEEN SUBMITTED FOR THIS PROPOSED CARPORT.

AND IT WILL BE PLACED ON AN EXISTING CONCRETE DRIVEWAY ADJACENT TO THE ALLEYWAY THAT YOU SEE ON SCREEN TO THE BOTTOM OF THE SCREEN HERE.

IT IS WITHIN THE 800 FOOT BUFFER, MEANING THERE ARE LEGALLY PERMITTED CARPORTS THAT MEET THE DENSITY AND DIMENSIONAL REQUIREMENTS OR HAVE SOME VARIANCES ATTACHED WITHIN THE NEIGHBORHOOD OR 800

[00:45:01]

FEET.

AND THEN LASTLY, I WILL SAY THAT THE APPLICANTS OF THIS CASE WERE NOT AWARE OF THE PERMITTING PROCESS AND THEY INITIATED THE CONSTRUCTION AND STOPPED ONCE THEY REALIZED THEY HAD TO GET A PERMIT AND HAVE COME FORTH TONIGHT TO GET THE SPECIAL EXCEPTION AND VARIANCES REQUESTED IN FRONT OF YOU.

THIS IS THEIR PROPOSED ELEVATION PLAN.

AND SO GO TO GO INTO DETAIL ABOUT THOSE REQUESTS.

UM, ONCE AGAIN, JUST MENTIONING THAT THEY ARE WITHIN 800 FEET OF A LEGALLY PERMITTED CARPORT.

THEY, ONCE YOU INCREASE THE MAXIMUM AREA ALLOWED FOR ALL ACCESSORY STRUCTURES, CURRENTLY THE RULE IS YOU'RE ONLY ALLOWED 50% OF THE PRIMARY STRUCTURE AND THAT WOULD BE 901 AND A HALF SQUARE FEET.

THEY'RE REQUESTING 99 POINT 28% INCREASE OR 1,790 SQUARE FEET TO ALLOW FOR THAT CARPORT AND ALL ACCESSORY STRUCTURES IN TOTAL OF THE AREA.

THEY ALSO WANT TO INCREASE THE MAXIMUM AREA A LOT FOR A CARPORT.

CURRENTLY IT IS RESTRICTED TO 500 SQUARE FEET AND THEY WANT TO REQUEST THAT 1,790 SQUARE FEET.

AND THEN LASTLY, THEY WANT TO REDUCE THE REAR YARD SETBACK FOR A SIDE YARD CARPORT.

THEY WANNA REDUCE IT FROM FIVE FEET TO ZERO FEET.

SO THIS IS SOME PICTURES AND IMAGES THAT, UH, STAFF WAS ABLE TO TAKE.

AS YOU CAN SEE, UM, SOMETHING THAT WE'VE NOTED IS THIS PROPERTY DOES HAVE DOUBLE FRONTAGES, MEANING THEY HAVE TWO SIDES OF THEIR HOME THAT FACES THE STREET GREENLAND WAY AND NORTHWEST SEVENTH STREET TO THE REAR, THERE'S AN ALLEYWAY AND THAT'S WHERE THE ENTRANCE TO THE CARPORT WOULD BE LOCATED.

I ALSO WANNA POINT OUT THAT THE, THE NEIGHBORING LOTS ACROSS THE ALLEYWAY DOES HAVE A CARPORT.

I'M NOT SURE IF THAT'S BEEN PERMITTED.

IT'S NOT REALLY THE FOCUS OF MY POINT.

I JUST WANNA BRING ATTENTION TO THE PROXIMITY OF OTHER, OF, EXCUSE ME, OF OTHER CARPORTS AND ALSO THAT FABRIC OF THE NEIGHBORHOOD AS WELL.

TO GO INTO A LITTLE MORE DETAIL ABOUT THE FABRIC OF THAT NEIGHBORHOOD, THERE ARE OTHER CARPORTS AND YOU CAN SEE THOSE HIGHLIGHTED IN BLUE OR OUTLINED IN BLUE, EXCUSE ME.

AND THEN THE PROPERTY ITSELF BEING HIGHLIGHTED IN YELLOW.

SO MOST OF THESE HOMES IN THIS NEIGHBORHOOD WERE BUILT IN THE 1950S, AND THEY DO COMMONLY INCLUDE ADDITIONS TO ACCESSORY STRUCTURES INCLUDING SHEDS, GREENHOUSES, THOSE TYPES OF THINGS, AND CARPORTS AS WELL.

HOWEVER, THE PROPOSED CARPORT IS INCONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE NEIGHBORHOOD BECAUSE OF ITS SIZE AND LOCATION.

AND WHAT I MEAN BY LOCATION IS THE SETBACK IN REGARDS TO THIS ITEM 31 NOTICES WERE SENT OUT, ZERO RETURN IN FAVOR OR OPPOSED, AND THERE IS NOT AN HOA PAID OR TIFF AND STAFF CANNOT SUPPORT ZBA DASH 26 DASH FIVE DASH 0 0 3 3 AS REQUESTED.

THE APPLICANT IS HERE TONIGHT TO ANSWER ANY QUESTIONS AND I CAN ANSWER ANY QUESTIONS AS WELL AT THIS TIME.

DOES THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT? FOR FOR STAFF, FOR STAFF SALVADOR? UM, THE EXISTING SHED IS 360 MM-HMM .

AND THE CARPORT IS 1430.

YES.

BRINGING THE TOTAL AREA TO 7 17 9 OH YES.

IF THE, IF THE EXISTING SHED DIDN'T EXIST, WOULD THAT AFFECT ANYTHING IN THIS WOULD REDUCE THIS TO 65, 70% OF THE PRIMARY STRUCTURE.

YEAH, IT'S STILL IN EXCESS.

IT STILL WOULD BE IN EXCESS, YES.

OKAY, THANKS.

JUST TO ADD A LITTLE BIT ONTO THAT, IT'S A LARGE CARPORT.

IT'S GONNA BE 22 INCHES WA UH, EXCUSE ME, 22 FEET WIDE, 65 FEET LONG.

THAT IS SUBSTANTIALLY LARGE CARPORT WHEN YOU COMPARE IT TO OTHER CARPORTS IN THE NEIGHBORHOOD AND DIRECTLY TO THE ONE, UH, RIGHT NEXT ACROSS THE ALLEYWAY.

CORRECT? YEAH.

WE TYPICALLY, AND OUR

[00:50:01]

MAXUS IS SET AT 500 SQUARE FEET, 26 FOOT WIDE, JUST TO GIVE YOU A LITTLE BIT MORE PERSPECTIVE ON WHAT IS ALLOWED.

THANK YOU.

NO PROBLEM.

OR, OR 50% PERCENT OF THE STRUCTURE.

WHAT I, I'M TRYING TO, SORRY, WHAT WAS THAT? YOU SAID YOU SAID 50% OF THE, OF THE, THE, UH, SQUARE FOOTAGE OF THE PROPERTY, PRIMARY STRUCTURE OF THE RIGHT, MM-HMM .

SO THEY TOLD, SO HOW DOES THAT FACTOR INTO THE 500 SQUARE FEET? I MEAN, THOSE ARE TWO DIFFERENT VARIANCES THAT THEY'RE REQUESTING.

SO THE TOTAL AREA OF ALL ACCESSORY STRUCTURES THAT YOU CAN HAVE IN A LOT, IF YOUR LOT, I BELIEVE IS AN ACRE OR LESS, UM, I HAVE TO CHECK THAT LAST PART, BUT IT CANNOT BE MORE THAN 50% OF THE TOTAL AREA OF THE PRIMARY HOME.

AND THAT'S THE FOOTPRINT.

THERE'S ANOTHER VARIANCE REQUEST BECAUSE WE MAXIMUM, WE ALLOW A MAXIMUM OF 500 SQUARE FEET FOR A CARPORT WITH THIS REQUEST.

THEY'RE GOING ABOVE 500 SQUARE FEET.

YEP.

THERE'S A VARIANCE FOR EACH.

CORRECT.

OKAY.

GOT GOTCHA.

AND THEN ANOTHER VARIANCE FOR THE, UM, THE SETBACK.

FOR THE SETBACK OF, YEAH.

SO THEY'RE ASKING TO BE RIGHT ON THE ALLEYWAY.

WE TYPICALLY ASK FOR FIVE FEET.

WE, WE SO THAT WOULD OR A QUESTION ON THE, UH, THIS 50%? YES.

UM, IS THAT THE FOOTPRINT OF IT OR ARE WE TALKING ABOUT, FOR INSTANCE, IF THIS WERE A TWO STORE AND IT WAS NOW 2,800 SQUARE FEET, WOULD THAT, WOULD THAT AFFECT THIS? IN OTHER WORDS, THIS WAS STRUCTURE THAT'S 2,800 SQUARE FEET AND NOW THEY'RE ASKING FOR REDUCES TO NOW 50%? THAT'S A GREAT QUESTION.

YES.

OR NOT.

SO TO ANSWER YOUR QUESTION, IT'S BASED ON THE FOOTPRINT.

SO IF YOU HAVE A TWO STORY HOME, WE'RE NOT COUNTING THE LIVING AREA ON THE SECOND FLOOR.

YES.

OKAY.

ANY ADDITIONAL QUESTIONS FOR STAFF? OKAY, THANK YOU.

NO PROBLEM.

ALL RIGHT.

WE DO HAVE A SPEAKER CARD.

UH, MS. STEPHANIE GARCIA, IF YOU WOULD PLEASE, UM, JUST COME TO THE PODIUM AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? YES, MY NAME IS STEPHANIE GARCIA.

UM, AND, UH, DID YOU SAY THE ADDRESS AS WELL? YES, PLEASE.

OF 1433 NORTHWEST SEVENTH STREET, GRAND PRAIRIE, UH, TEXAS 75 0 5 0.

SORRY.

THANK YOU.

WELCOME.

HELLO FELLOW MEMBERS.

.

I'M SURE WE HAVE A LOT OF QUESTIONS FOR YOU, SO YES, I'LL SHOW OVER MS. JOHNSTONE.

OKAY.

UM, DID YOU JUST RECENTLY PURCHASE THIS HOME? NO, UM, IT'D BE TWO YEARS THIS PAST MAY.

OKAY.

WAS THAT, UM, WAIT, WE'RE ONLY ON NUMBER TWO, CORRECT? CORRECT.

OKAY.

NEVERMIND.

THANK YOU, .

WELL, I WILL CONTINUE.

DID DID YOU POUR NEW CONCRETE HERE ALREADY? YES.

SO WE DID ALSO INITIATE A PERMIT, UM, FOR THAT, UM, DRIVEWAY IN THE BACK.

AND SO, UM, IT, IT WAS APPROVED BUT SHORTLY PUT ON HOLD BECAUSE UNFORTUNATELY, UM, THERE WERE SOME POSTS ALREADY, LIKE EMBEDDED ONCE THEY HAD COMPLETED THE INITIAL, UM, I BELIEVE IT WAS THE, UM, THE INSPECTION BEFORE IT WAS POURED WHEN THEY HAD LIKE THE REBARS, YOU HAD TO PUT THE FOOTERS IN AND THINGS LIKE THAT FOR YOUR POST? YES, YES.

OKAY.

SO OH, OH YES.

BUT THE ONLY THING THAT WAS, UM, SUBMITTED WAS FOR THE, THE DRIVEWAY, THE, THE CONCRETE, NOT THE POST.

GOTCHA.

AND SO THEY DIDN'T THAT'S RIGHT.

DIDN'T THEY, THEY PUT THAT ON HOLD.

ARE YOU HAVE A CONTRACTOR DOING THIS? UM, OR DOING IT IN-HOUSE BY YOURSELF? IN IN-HOUSE, YEAH.

OKAY.

LIKE JUST FAMILY JUST WEREN'T FAMILIAR WITH THE PERMIT PROCESS? THAT IS CORRECT, YES.

OKAY.

THANK YOU.

MM-HMM .

I HAVE A QUESTION.

YES, MA'AM.

OKAY.

WHAT IS THE NEED FOR ALL OF THE DRIVEWAY SPACE? UM, SO BECAUSE OF OUR, OUR LINE OF BUSINESS, LIKE OUR FAMILY BUSINESS, UM, MY, IN THE PICTURES, UM, MY DAD DOES, UH, LIKE HAVE ALL HIS MATERIALS IN THE BACK AND, UM, HE ALSO HAS A VAN FOR, YOU KNOW, WORK.

AND SO, UM, BECAUSE OF ALSO WEATHER AND, UM, SUCH THINGS HE, OR WERE LOOKING TO LIKE PROTECT THE VEHICLES IN THAT MATTER.

AND SO, UM, THOSE DRIVEWAYS IN THE FRONT WERE ALREADY THERE WHEN WE PURCHASED THE HOME.

BUT, UM, I GUESS FOR A CONVENIENCE WE'D LIKE TO KEEP THE VEHICLES LIKE IN THE BACK.

AND, UM, I GUESS ALSO LIKE, UH, FOR SAFETY AND, AND SUCH MM-HMM .

OKAY.

SO IT'S THREE VEHICLES IN TOTAL, LIKE THREE, THREE WORK VANS.

OH, ONE WORK VAN AND TWO TRUCKS.

MM-HMM .

OKAY.

THANK YOU.

YES.

QUICK QUESTION.

HAVE YOU AND YOUR FAMILY OR HELPING YOU, UH, CONSTRUCT THIS

[00:55:01]

AFTER YOU TALKED TO PLANNING AND THEY SAID, YOU KNOW, THIS IS GOING TO GO BEFORE ZBA BECAUSE THIS IS A LOT LARGER THAN WHAT'S IN THEIR JURISDICTION TO APPROVE.

HAVE YOU THOUGHT ABOUT IF, YOU KNOW, YOU NEED TO MAKE THIS A LITTLE BIT SMALLER, UM, HAS THAT BEEN TALKED ABOUT AT ALL? IS THAT AN OPTION FOR YOU GUYS? UM, THEY, THEY HAVE MENTIONED IT TO US AND SO IT, IT COULD BE AN OPTION.

UM, IT WOULD JUST, I GUESS HAVE TO BE LIKE, IF NOT APPROVED, THEN LIKE THAT WOULD BE THE NEXT STEP.

OKAY.

BUT ONLY, OH, SORRY, REALLY QUICKLY.

UM, IT, I GUESS IT COULD BE, BUT ONLY BECAUSE THE POSTS ARE ALREADY SET.

THAT'S WHY I GUESS LIKE WE PROCEEDED WITH THE SQUARE FOOTAGE OR THAT AMOUNT OR THE LARGENESS OF IT.

YEAH.

OKAY.

WELL BECAUSE HERE'S KIND OF WHAT SHE'S GETTING AT MM-HMM .

IF, IF YOU WANT TO POSTPONE THIS AND WHETHER YOU CUT THOSE POSTS OFF OR WHATEVER AND WORK WITH A CITY THAT MAKES SOMETHING A LITTLE MORE REASONABLE, YOU WON'T HAVE TO WAIT A YEAR OR WHATEVER TO COME BACK.

UH, 'CAUSE YOU'RE GONNA HAVE TO WAIT, IF I, IF I'M WRONG, IS THAT, IS THAT SIX MONTHS? SIX MONTHS? THEN, THEN YOU COULD POSSIBLY COME BACK QUICKER THAN THAT.

OKAY.

OTHERWISE IT'LL BE SIX MONTHS OR WHATEVER.

SO IF YOU WANTED TO POSTPONE TO WORK WITH CITY, TRY TO MAKE IT SOMETHING A LITTLE MORE REASONABLE, YOU KNOW, MAYBE HALF THE SIZE OR WHATEVER, THEN THAT'S A POSSIBILITY BECAUSE IT'S JUST SO LARGE.

SO IF YOU WANTED TO SAY, HEY, I WOULD LIKE TO POSTPONE IT AND COME BACK AND DO IT NEXT, NEXT MONTH, COME BACK AND TALK ABOUT IT.

OKAY.

THEN THAT, THAT'S A POSSIBILITY.

IF YOU WANTED, I'M NOT TELLING YOU, I'M SAYING YOU CAN DO THAT 'CAUSE I DON'T THINK THIS IS GONNA WORK IF YOU GO AHEAD AND GO DOWN THIS PATH.

OKAY.

SO, UH, IT'S JUST SOME ADVICE THAT YOU COULD POSSIBLY COME BACK AND WORK WITH THE CITY BETWEEN NOW AND NEXT MONTH TO GET AND GET SOMETHING THAT'S A LITTLE MORE REASONABLE.

OKAY.

IT MIGHT WORK.

UH, THAT'S YOUR CHOICE.

IT'S JUST, I'M JUST SAYING IF YOU WANT TO TABLE THIS TILL NEXT MONTH YOU SAY, HEY GUYS, LET'S JUST TABLE THIS NEXT MONTH.

WE'LL DO THAT.

YOU KNOW, BUT THAT'S STRICTLY UP TO YOU.

OKAY.

I DIDN'T, SORRY, JUST, UM, TO ANSWER YOU, UM, ACTUALLY THAT DOES SOUND REASONABLE ONLY 'CAUSE I DID NOT KNOW ABOUT THE WAITING PERIOD, LIKE IF DENIED.

SO I WOULD, I THINK I'M GONNA CONSIDER THAT OPTION.

THANK YOU.

OKAY.

UM, CAN I ASK A QUESTION REAL QUICK? MM-HMM.

THIS IS MORE DIRECTED TO, TO YOU MRS. GRIFFITH.

UM, WITHOUT CONTINUING ON, YOU MAY LIKE ADVISE HER WHAT CAN BE USED IN A SF ONE RESIDENTIAL AREA AS FAR AS BUSINESS STUFF.

YEAH.

AND THAT'S DEFINITELY A CODE, UM, THAT WOULD BE A CODE ENFORCEMENT ISSUE.

BUT YEAH, THAT IS SOMETHING THAT NEEDS TO BE DISCUSSED.

UM, I, I DON'T WANNA MISSPEAK AND THEY'LL HAVE, THE STAFF WILL HAVE TO SPEAK TO YOU, BUT, UM, I'M CERTAINLY NOT TELLING YOU WHAT TO DO EITHER.

BUT, UM, YOU MAY TURN AROUND AND DISCUSS WITH THEM IF YOU NEED TO, TO YEAH.

TO, AND WE CAN DO THAT OFF.

I HAVE ONE OTHER QUESTION TOO.

WHAT LINE OF BUSINESS ARE YOU GUYS IN? SO IT'S, UM, CONSTRUCTION AND, UM, GUTTERS AND ROOFING.

OKAY.

YOU KNOW, IN CONSTRUCTION AND ROOFING AND ALL THAT YOU KNOW ABOUT PERMITS.

RIGHT.

UM, I WOULDN'T KNOW, BUT I KNOW THAT THAT DOES GO INTO LIKE YEAH, IT DOES GO INSURANCE AND STUFF, JUST SO, OKAY.

MM-HMM .

ALRIGHT.

SO WHAT WOULD YOU LIKE TO DO? SO THE ONLY THING I WANNA JUST CIRCLE BACK AND MAKE SURE WE'RE A HUNDRED PERCENT CLEAR.

NOBODY IS TELLING YOU THAT WE CANNOT VOTE TONIGHT.

WE CAN ABSOLUTELY VOTE AND SEE HOW THE VOTE TURNS OUT AND MAYBE IT GETS APPROVED, MAYBE IT DOESN'T.

NOBODY HAS A CRYSTAL BALL TO SAY HOW THE VOTE IS GOING TO GO.

I UNDERSTAND.

HOWEVER, IF IT DOES NOT GO YOUR WAY TO TONIGHT, THEN YOU WOULD HAVE THAT SIX MONTH WAITING PERIOD BEFORE YOU CAN COME BACK.

RIGHT.

OKAY.

SO THOSE ARE YOUR OPTIONS BEFORE YOU AND I WOULD JUST, YOU KNOW, Y'ALL MIGHT TAKE THE OPPORTUNITY TO GO BACK TO THE DRAWING BOARD.

YEAH.

YOU HAVE TWO EXISTING DRIVEWAYS THAT, AND I'M NOT SURE WHAT CODE IS ABOUT MULTIPLE COVERINGS.

YOU STILL HAVE SPLIT FOOTAGE.

RIGHT.

BUT THESE ARE AVERAGE, THESE WOULD BE AVERAGE SIZED CARPORTS INSTEAD OF ONE GIANT CARPORT.

THAT'S, AGAIN, PROBABLY TOO BIG TO GET THROUGH.

UM, BUT AGAIN, THAT'S, THAT'S UP TO Y'ALL.

OKAY.

IF THIS IS THE PLAN AND THAT'S WHAT YOU'RE GOING WITH, I WOULD, I'D REDRAW I'D, I'D COME UP WITH A DIFFERENT PLAN.

OKAY.

OKAY.

SO MS. GARCIA? YES.

I DON'T WANNA PUT YOU ON THE SPOT, BUT I HAVE TO.

OH, .

YES MA'AM.

WHAT ARE YOU THINKING? UM, TO, UM, USE LIKE, I GUESS MY, MY TIMING 'CAUSE I KNOW THIS ALSO, THIS HAS BEEN LIKE AN ONGOING THING WITH US AS WELL.

UM, I THINK I'D LIKE TO POSTPONE OR, UH, TABLE GO BACK.

WE MEET EVERY MONTH.

OKAY.

YOU CAN ALWAYS COME BACK,

[01:00:01]

YOU KNOW, TAKE THE TIME AND, YOU KNOW, LOOK AT YOUR PLANS AND REEVALUATE IT AND, YOU KNOW.

CAN WE, CAN WE TABLE TO A DATE? CAN WE PUT A DATE? ABSOLUTELY.

OKAY.

PUT A DATE ON THE RECORD.

DO YOU WANNA COME BACK IN AUGUST? YOU WANNA COME BACK? YEAH.

WHAT ARE YOU THINKING? IN A, IN A MONTH? YEAH.

AUGUST.

NEXT MEETING.

MM-HMM .

OKAY.

SO WE'LL TABLE, UM, LINE, UH, ITEM NUMBER TWO.

THERE'S A MOTION.

THERE'S A MOTION.

IF THIS IS JUST FOR THE COURT CARPORT, RIGHT? THIS IS JUST FOR THE CORPORATE.

YES.

WE STILL HAVE THE, THE SECOND, THE THIRD ITEM ASK FOR MOTION.

OKAY.

WOULD YOU LIKE ME? IF YOU LET ME GET THERE? I, I PROMISE YOU I'LL GET THERE.

OKAY.

OKAY.

THANK YOU SO MUCH MS. GARCIA.

THANK YOU SO MUCH.

OKAY, SO FOR YOUR MOTION, THE NEXT CBA MEETING IS, UM, AUGUST 17TH.

YES.

AUGUST 17TH.

MM-HMM .

YES MA'AM.

OKAY.

17TH.

OKAY.

OKAY.

SO I OPEN THE FLOOR FOR A MOTION TO TABLE, UM, ZBA 26 DASH FIVE DASH 0 3 3 UNTIL OUR AUGUST 17TH MEETING.

DO I HAVE MADAM, MADAM CHAIR? I'LL MAKE THAT MOTION.

UM, I WOULD LIKE TO, UH, CLOSE THE HEARING AND TABLE ITEM NUMBER TWO ZBA 2 6 0 5 0 0 3 3 UNTIL THE AUGUST 17TH MEETING.

SECONDED.

OKAY.

WE HAVE A MOTION FROM MRS. JOHNSON AND A SECOND FROM MR. LANGSTON.

MM-HMM .

DO WE HAVE ANY DISCUSSION FROM THE BOARD ON THE MOTION? OKAY.

I'LL NOW TAKE A VOTE ON THE MOTION.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

ALL OPPOSED, PLEASE RAISE YOUR HAND.

ALL RIGHT.

THE MOTION PASSED BY VOTE OF NINE TO ZERO.

[3. ZBA-26-05-0034 (Council District 1) – Variances to allow an accessory structure in the front yard and to reduce the front and side yard setbacks for an accessory structure permitted under the Unified Development Code, located at 1433 NW 7th St., legally described as Lot 12, Block 4, International Estates Addition No. 2, City of Grand Prairie, Dallas County, Texas, zoned Single Family-One (SF-1) District]

ITEM THREE.

THANK YOU.

BOARD MEMBERS AND CHAIR, THIS IS ITEM NUMBER THREE ON YOUR AGENDA TONIGHT.

ZBA DASH 26 DASH FIVE DASH 0 3 4.

THIS IS REQUESTS FOR VARIANCES FOR AN ACCESSORY STRUCTURE AT A PROPERTY LOCATED AT 1433 NORTHWEST SEVENTH STREET CITY COUNCIL DISTRICT NUMBER ONE, THE PROPERTY IS ON SINGLE FAMILY ONE AND THE PROJECT IS FOR AN EXISTING ACCESSORY STRUCTURE STORAGE SHED.

THE FIRST VARIANCE WOULD BE TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD.

THE NEXT VARIANCE WOULD BE TO REDUCE THE FRONT YARD SETBACK FOR THAT ACCESSORY STRUCTURE.

AND THEN THE LAST ONE WOULD BE FOR A VARIANCE TO REDUCE THE SIDE YARD SETBACK FOR THAT ACCESSORY STRUCTURE.

THIS IS THE SITE PLAN, AND YOU CAN SEE THE SMALLER SQUARE HERE IS THAT EXISTING ACCESSORY STRUCTURE.

IT IS 300 SQUARE FEET, UM, 24 FOOT WIDE, 15 FOOT LONG, AND 11 FOOT, AND IT'S, EXCUSE ME, 11 FOOT AND SIX INCHES TALL.

IT IS A CURRENT CODE ENFORCEMENT CASE.

THE WAY THAT THIS WAS BROUGHT TO THE BOARD TONIGHT WAS THE APPLICANT WASN'T AWARE OF THE PERMITTING PROCESS.

THEY BUILT UP THE, UH, THE SHED AND THEN CODE NOTICED AND THEY, THEY'VE ISSUED, UH, A CODE CASE AND CITATION AND, UM, THEY'RE COMING TONIGHT IN FRONT OF YOU TO GET THAT RECTIFIED AND ALSO TO BRING THAT, UM, SHED INTO COMPLIANCE IF YOU ARE WILLING TO PARENT THOSE VARIANCES.

ONE QUICK THING BEFORE I MOVE ON, AND I JUST WANNA POINT THIS OUT AGAIN FOR THE RECORD.

THIS IS A DOUBLE FRONTAGE LOT THAT THE PROPERTY IS ON AND THEREFORE WHERE THAT EXISTING SHED IS CURRENTLY IN THE FRONT YARD.

SO THESE ARE JUST SOME OF THE DRAWINGS FOR THAT SHED.

AND SO THE FIRST ONE, LIKE I MENTIONED, IS TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD.

WE DON'T TYPICALLY SEE ANY ACCESSORY STRUCTURES IN THE FRONT YARD, WHETHER IT BE IN THIS NEIGHBORHOOD OR IN MY TIME DOING THESE CASES.

THERE IS A STRICT, IN A SPECIFIC RULE THAT WE HAVE IN OUR UNIFIED DEVELOPMENT CODE THAT SAYS THERE'S NO ACCESSORY STRUCTURES ALLOWED ON THE FRONT YARD.

SO THAT'S THE FIRST VARIANCE.

THE SECOND VARIANCE IS TO REDUCE OUR FRONT YARD SETBACK FROM 30 FEET TO 22 FEET AND SIX INCHES.

AND THEN THE LAST VARIANCE IS TO REDUCE THE SIDE YARD SETBACK FOR AN ACCESSORY STRUCTURE FROM EIGHT FEET TO TWO FEET AND SIX INCHES.

AND TO CLARIFY THAT SETBACK THAT'S REQUIRED TO BE EIGHT FEET IS THE ONE PARALLEL TO THE PROPERTY THAT'S ALONG THE ALLEYWAY.

GREAT.

TAKE, GO BACK ONE PICTURE PLEASE.

YES.

IS THAT A STRUCTURE THAT'S UP AGAINST THE THIRD, THE THIRD HOUSE DOWN, OR WHAT IS THAT UP AGAINST? THE ALLEY LOOKS LIKE A SUN SHAKE.

[01:05:01]

ARE YOU TALKING ABOUT WHERE MY MOUSE IS SUFFERING? NO NEXT HOUSE OVER THIS.

HERE.

KEEP GOING.

ONE MORE.

OKAY.

DOWN AND DROP YOUR MOUSE DOWN.

IS THAT A STRUCTURE THERE OR WHAT IS THAT? I'M NOT SURE TO BE HONEST WITH YOU.

OKAY, THANK YOU.

NO PROBLEM.

OKAY.

LIKE I MENTIONED, THESE HOMES ARE PRIMARILY BUILT IN THE 1950S.

THEY DO HAVE COMMONLY INCLUDED ADDITIONS AND ACCESSORY STRUCTURES IN THE REAR YARD TO CLARIFY.

UM, BUT THEY ARE COMMON, UH, THEY DO COMMONLY HAVE THOSE TYPES OF STRUCTURES LIKE THE ONE, UH, THAT IS EXISTING.

UM, BUT THEY ARE NOT IN THE SAME LOCATION, BUT THEY DO HAVE SIMILAR DIMENSIONS.

SO 31 NOTICES WERE SENT ZERO RETURN IN FAVOR, ZERO RETURN, OPPOSED THERE'S NOT AN HOA OR PIT OR TIF AND STAFF DOES NOT OBJECT TO CBA 26 0 5 0 0 3 4 AS FOR REQUESTED.

AND I CAN ANSWER ANY QUESTIONS AND THE APPLICANT IS HERE TOO.

THANK YOU.

OKAY.

IF YOU DON'T MIND GOING BACK TO THE SITE PLAN? YES.

THIS ONE HERE.

OKAY.

WE KEEP TALKING ABOUT THIS BEING ON THE FRONT.

SO WHERE'S THE BACK? THE BACK IS BEHIND THE HOUSE.

SO THIS AREA HERE WHERE MY MOUSE IS HOVERING, THAT'S THE ONLY BACK TO THIS AT ALL? YES, BECAUSE AGAIN, DOUBLE FRONTAGE.

UM, SO IT'S JUST REALLY BASED ON THE BACK OF THE HOUSE IS THE BACKYARD SIDE AND THE ALLEYWAY IS CONSIDERED SIDE.

SO IT RUNS ALONG THE SIDE YARD? YES.

OKAY.

UM, WHEN YOU STARTED THE PRESENTATION JUST NOW, YOU SAID THAT THIS WAS CODE ENFORCEMENT COMING OUT? YES.

AND SEEING THIS SHED THAT'S JUST BEEN BUILT.

YES.

SO THIS WAS NOT AN EXISTING SHED WHEN MAYBE THEY BOUGHT THE HOUSE.

THEY'VE BUILT THIS AND THIS IS WHAT CAUSED, PROMPTED THIS.

THE SHED WAS BUILT WITHOUT PERMITS AND IT DOES HAVE A CURRENTING CODE CASE.

OKAY, MA'AM? YES.

THANK YOU.

MR. BAKER, DID YOU HAVE A QUESTION? YEAH, THE ALLEYWAY'S IN THE BACK IS IN THE BACK OF THE HOUSE.

MM-HMM .

LET ME ASK YOU A QUESTION.

DO WE KNOW IF THIS HOUSE, THIS IS GONNA GET COMPLICATED, EVER HAD A GREENLAND ADDRESS? BECAUSE IT'S THE ONLY HOUSE THAT'S FACING THE, I'M TRYING TO MAKE THIS WORK FOR HER.

IT'S THE ONLY HOUSE FACING SEVENTH STREET ON THAT.

IF YOU'LL LOOK AT THAT PICTURE THAT YOU GAVE US, IT'S THE ONLY HOUSE THAT'S FACING SEVENTH.

I BET.

ORIGINALLY THIS HOUSE WAS A GREENLAND ADDRESS AND IT WAS RECONSTRUCTED AND TOOK A SEVENTH.

OKAY.

JUST TO CLARIFY, SO LET'S SAY THAT IT WAS FACING GREENLAND UHHUH, .

THIS IS, I REALIZE THE SHED WOULD STILL BE OUTTA COMPLIANCE, MAY STILL BE OUTTA COMPLIANCE.

YEAH, I DO, BUT I HAVE A WHOLE LOT EASIER TIME CHOKING THAT DOWN IN THE BACKYARD THAN MAKING IT A FRONT YARD.

THE FRONT YARD IS MY SET PRECEDENCE TO A FRONT YARD STRUCTURE IS, IS TOUGH STUFF.

IT IS IN THE FRONT YARD RIGHT NOW.

YES, I KNOW.

YES.

AND HAVING THAT RE PLOTTED SO THAT IT'S FRONT ADDRESS ON THE OTHER SIDE'S KIND OF TOUGH, ISN'T IT? EVEN IF THEY DID, IT WOULD STILL BE A FRONT YARD BECAUSE THIS IS TOO I GOT YOU.

YES.

THAT'S THE STINKS.

MM-HMM .

WHAT IF THEY HAD MOVED THAT SHED TO THE PROPOSED SITE OF THE DRIVE? WELL, ALL THEY, ALL THEY GOTTA DO IS JUST IF IT'S, IF IT WAS, IF IT WAS PUSHED DOWN JUST TO THE END BEHIND THE, THE, THAT WOULD MAKE IT AT THE REAR OF THE HOUSE.

CORRECT.

THE APPLICANT HAS MOVED FORWARD WITH THIS REQUEST THE WAY IT IS NOW.

WE DID HAVE SEVERAL DISCUSSIONS WITH THE POSSIBILITY OF MOVING THIS SHED TO THE SIDE OF THE HOME TO GET AWAY FROM THAT VARIANCE OF IT BEING IN THE FRONT.

WE HAVE PRESENTED MULTIPLE TIMES TO THE BOARD REQUEST FOR VARIANCES TO SETBACKS FOR ACCESSORY STRUCTURES THAT I CANNOT SAY THE SAME FOR A VARIANCE TO ALLOW STRUCTURE, AN ACCESSORY STRUCTURE IN THE FRONT YARD.

IF THEY SHIFTED WHERE THEY, WHERE THEY HAVE THE PROPOSED, WELL, IT DOESN'T EVEN HAVE TO GO BACK THAT FAR.

I MEAN AS LONG AS IT CLEARS THE FRONT, YOU KNOW, WOULD THAT BE IN COMPLIANCE AT THAT POINT? IT REALLY DEPENDS ON THE MEASUREMENTS.

I MEAN, YOU'RE TALKING ABOUT MOVING IT BACK TOWARDS THE NEIGHBORING PROPERTY ONE FOOT, THE ANSWER IS NO.

BUT IF THEY MOVE IT BACK TO THE SETBACK, TO THE REQUIRED SETBACK, THEN YES.

THIS, THIS MAY BE A QUESTION FOR THE APPLICANT, BUT IS IT A MOVABLE STRUCTURE? THEY TOLD STAFF THAT THEY WOULD NOT BE OPEN TO MOVING THE STRUCTURE.

OKAY.

NOW IF THAT'S SOMETHING THAT YOU GUYS WOULD LIKE TO ADD, ASK THE APPLICANT OF COURSE YOU CAN.

AND HAVE THAT DISCUSSION.

CAN THE APPLICANT COME UP? YES, PLEASE.

[01:10:02]

HELLO, YOUR NAME? IS IT A CONCRETE, I'M SORRY.

OH, HOLD ON.

COULD YOU PLEASE STATE YOUR NAME AND THE ADDRESS FOR THE RECORD, PLEASE? YES.

STEPHANIE GARCIA, 1433 NORTHWEST SEVENTH STREET, GRAND PRAIRIE, TEXAS 75 0 5 0.

THANK YOU SO MUCH.

GO AHEAD, MICHELLE.

I APOLOGIZE.

NO, NO PROBLEM AT ALL.

UM, IS THAT ON, IS IT HAVE A WOOD FLOOR THAT, CAN IT BE MOVED OR IS IT GOT A CONCRETE FLOOR WITH PLUMBING AND ELECTRICITY? NO, SO IT, IT DOESN'T HAVE A, A, A CONCRETE FLOOR.

UM, THERE'S ALSO NO ELECTRICITY, NO PLUMBING, UM, OR ELECTRICAL.

UM, BUT IT, THE FRAMING IT, IT IS MADE OUTTA WOOD, BUT IT'S, UM, WE, WHAT'S NOT, I I WANNA, I WANNA TELL YOU, YOUR HOME IS BEAUTIFUL, , ALL OF THOSE THINGS IS, BUT, BUT SETTING A PRECEDENT FOR A FRONT STRUCTURE IS, IS WHAT WE WILL PROBABLY GET HUNG UP ON.

UM, BEING IN THAT IT'S NOT CONCRETE AND THINGS LIKE THAT, THAT MAY BE A VIABLE, DO YOU KNOW IF IT'S ON SKIDS OR IS IT INTO THE, IS IT CONCRETED INTO THE FLOOR? NO, INTO THE GROUND? NO, IT'S JUST, I, IT'S LIKE WOOD FRAMING.

THAT'S ALL I RECALL.

OKAY.

OKAY.

IS THERE, IS THERE ELECTRIC AND PLUMBING IN THAT STRUCTURE? NO.

NO.

ELECTRICAL PLUMBING MOVEMENT? MM-HMM .

THANK YOU.

ALRIGHT, ANY ADDITIONAL QUESTIONS FOR THE SPEAKER? APPLICANT? ALRIGHT, THANK YOU SO MUCH MS. GARCIA.

OKAY.

OH, JUST SOMETHING REALLY QUICKLY ALSO, IT'S JUST, UM, IT'S FULL OF MATERIAL.

SO ALSO LIKE UNMOVABLE, SO JUST AS A PSA AND I WILL SAY THIS BEFORE YOU LEAVE MM-HMM .

SO KINDA SAME THING THAT WE SAID FOR UH, CASE NUMBER TWO.

UM, THE SAME PROCEDURES APPLY HERE.

SO WE CAN VOTE ON THIS TONIGHT.

DEPENDING ON HOW THE VOTE GOES, IF IT GOES YOUR WAY, YOU'RE GOOD TO GO.

IF IT DOES NOT, THEN YOU WOULD NEED TO WAIT SIX MONTHS TO COME BACK.

OKAY.

UNDERSTOOD.

JUST WANNA MAKE SURE YOU'RE CLEAR ON THAT.

YES.

OKAY.

ALRIGHT, WELL THANK YOU SO MUCH FOR YOUR TIME.

THANK YOU.

OKAY, I'LL OPEN THE FLOOR FOR A MOTION.

MA MADAM CHAIR, I WOULD LIKE TO CLOSE THE HEARING AND APPROVE ITEM NUMBER THREE ZBA 2 6 0 5 0 0 3 4.

I SECOND.

THANK YOU.

I HAVE A MOTION FROM MRS. JOHNSON AND A SECOND FROM MR. BAKER.

DO WE HAVE ANY DISCUSSION FROM THE BOARD ON THE MOTION? OKAY.

I'LL NOW TAKE A VOTE ON THE MOTION.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

OKAY.

ALL OPPOSED, PLEASE RAISE YOUR HAND.

OKAY, SO THE MOTION FAILED BY A VOTE OF 6 2 3.

UM, WOULD IT BE OKAY FOR THOSE WHO ARE IN FAVOR? JUST RAISE YOUR HAND ONE MORE TIME SO WE CAN CAPTURE THE VOTES CORRECTLY.

FOR FAVOR? FAVOR, THANK YOU.

IN FAVOR.

FAVOR.

AND STACEY WHITE AND ANTHONY LANGSTON.

THANK YOU SO MUCH.

I APPRECIATE THAT.

OKAY.

UM, THE BOARD MEMBERS THAT VOTED AGAINST THE MOTION WERE THE FOLLOWING.

KIMBERLY AND KEN RODIER.

MR. BAKER? YES.

MRS. JOHNSTON.

MSS SHEPHERD, HACKETT.

MS. UH, MR. CHRISTOPHER DAY WOLF AND MR. CJ RAMIREZ.

OKAY, PERFECT.

THANK YOU.

[4. ZBA-26-06-0037 (Council District 1) – Variance to reduce the side yard setback for a primary structure permitted under the Unified Development Code, located at 3534 Rose Lee Seaton Rd., legally described as Lot 1, Block 1, Reyes Addition No. 50, City of Grand Prairie, Dallas County, Texas, zoned Single Family-One (SF-1) District]

OKAY, ITEM NUMBER FOUR ON THE AGENDA.

OKAY, ITEM NUMBER FOUR ZBA 2 6 0 6 0 0 3 7 IS A VARIANCE TO THE SIDE YARD SETBACK FOR PRIMARY STRUCTURE LOCATED AT 3 5 3 4 ROSELEE SETON ROAD.

THE PROPERTY IS ZONE SINGLE FAMILY, ONE DISTRICT AND THIS AGAIN IS FOR THE CONSTRUCTION OF A NEW HOME.

SO SOME PROPERTY DETAILS.

THE PROPERTY, UH, WAS RECENTLY PLATTED IN 2026.

IN THE CONFIGURATION THAT YOU SEE ON THE SCREEN, THERE IS A PLATTED VARIABLE WITH DRAINAGE EASEMENT THAT'S APPROXIMATELY SHOWN, UM, HERE WITH THE DOUBLE-HEADED ARROW AND DOES HAVE SOME SLOPE, PARTICULARLY TOWARDS THE MIDDLE OF THE PROPERTY.

YOU CAN SEE THESE ARROW ARROWS ARE INDICATING THE DIRECTION OF THE SLOPE.

AGAIN, THE REQUEST FROM THE APPLICANT IS FOR A VARIANCE TO THE SIDE YARD SETBACK, SPECIFICALLY ALONG THE NORTHERN PROPERTY LINE FROM THE REQUIRED EIGHT FEET TO THE REQUESTED SIX FEET.

UH, JUST A NOTE THAT THE PROPOSED PROJECT DOES MEET ALL OTHER DENSITY AND DIMENSIONAL REQUIREMENTS.

HERE IS A PICTURE OF THE SUBJECT PROPERTY.

HERE IS THE PROPOSED SITE PLAN SHOWING THE

[01:15:01]

LOCATION OF THE REQUESTED SIX FOOT, UH, REDUCED SIDE YARD SETBACK.

SO, UM, ON THE SOUTHERN SIDE OF THE PROPERTY THEY DO MEET THE SIDE YARD SETBACK REQUIREMENT FOR SF ONE.

OKAY.

NEIGHBORHOOD CHARACTERISTICS.

SO WHAT YOU'RE VIEWING IS A ZONING MAP.

THE SUBJECT PROPERTY IS BOUNDED IN LIGHT BLUE.

IT IS ADJACENT ON THE NORTH AND SOUTH SIDES TO SINGLE FAMILY ONE ZONING, WHICH IS ALSO THE ZONING FOR THE SUBJECT PROPERTY.

SINGLE FAMILY ONE, AS I MENTIONED, REQUIRES AN EIGHT FOOT SIDE YARD SETBACK NORTHWEST OF THE PROPERTY UP HERE.

THIS IS PLANNED DEVELOPMENT 2 77.

THIS PD SPECIFIES A FIVE FOOT SIDE YARD SETBACK.

SO THESE PROPERTIES ARE CONSTRUCTED TO THAT STANDARD SOUTHWEST OF THE SUBJECT PROPERTY IS PLAN DEVELOPMENT THREE 30.

THIS PD UH, REQUIRES A SIX FOOT SIDE YARD SETBACK.

THESE HOMES ARE CONSTRUCTED TO THAT STANDARD.

THEN IMMEDIATELY ADJACENT ON THE REAR OF THE SUBJECT PROPERTY IS PLAN DEVELOPMENT THREE 16 PD THREE 16 ALSO REQUIRES A SIX FOOT SIDE YARD SETBACK.

AND THEN FINALLY, WAY OVER ON THE EASTERN SIDE, YOU'LL SEE THIS LITTLE SECTION OF SINGLE FAMILY THREE.

AGAIN, THAT IS ALSO A SIX FOOT SIDE YARD SETBACK.

SO STAFF BELIEVES THAT THE REQUESTED VARIANCE WILL NOT CREATE A VISUAL OR FUNCTIONAL IMPACT TO ADJACENT PROPERTIES OR ADVERSELY AFFECT THE ESTABLISHED RESIDENTIAL CHARACTER OF THE SURROUNDING AREA.

SO IS THE VARIANCE CONTRARY TO PUBLIC INTEREST? STAFF BELIEVES THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AND WILL ALLOW FOR THE REASONABLE DEVELOPMENT OF THIS INFILL LOT.

IS, UH, THE VARIANCE REQUEST DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ZONING ORDINANCE, UH, RESULTING IN AN UNNECESSARY HARDSHIP FOR THE SUBJECT PROPERTY.

A HARDSHIP THAT IS UNIQUE, UH, IN CIRCUMSTANCE TO THIS PROPERTY HAS NOT BEEN FOUND.

STAFF SENT 42 NOTICES.

WE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION.

THERE IS NOT A HOMEOWNER'S ASSOCIATION, PID OR TIFF WITH ALL OF THAT.

STAFF DOES NOT OBJECT TO ZBA 2 6 0 6 0 0 3 7 AS REQUESTED.

MADAM CHAIR, MEMBERS OF THE BOARD, I CAN ANSWER ANY QUESTIONS.

WELL, THANK YOU.

YES.

COULD WE GO BACK A FEW SLIDES TO THE ONE THAT YOU'RE SHOWING? THIS ONE? THANK YOU.

SO WE GOT 35 38, WHICH IS A VERY SIMILAR, UH, SHAPED LOT.

DOES THAT HAVE THE EIGHT FOOT SETBACK? SO 35 38, UH, FOR THE RECORD IS IMMEDIATELY ADJACENT TO THE SUBJECT PROPERTY ON THE NORTHERN SIDE.

UM, I DID CHECK THIS BUILDING PERMIT IS A, IT IS A RECENTLY CONSTRUCTED HOME AND IT DOES COMPLY WITH THE EIGHT FOOT SETBACKS.

I SEE.

UM, IS THERE A RELATIVE SIZE DIFFERENCE BETWEEN 35 30 EIGHTS HOUSE AND THE PROPOSED 35 34 HOUSE? I CAN'T ANSWER THAT QUESTION.

I ONLY ASSESSED THE SUBJECT PROPERTY.

THANKS.

YEAH.

OH, ONE MORE QUESTION.

SO YOU SHOWED, LET'S GO BACK ONE IF YOU DON'T MIND.

THIS ONE HERE.

SO THIS IS THE, THE LOT IS SET.

I MEAN THE PROPERTY HOUSE IS SET AWAY FROM THIS, UH, WHERE THE DRAINAGE IS GOING.

IN OTHER WORDS, THE DRAINAGE IS GONNA GO DOWN IN THEIR BACK, BASICALLY THEIR BACKYARD.

THAT'S CORRECT.

UH, WHEN YOU'RE LOOKING AT THIS PROPOSED SITE PLAN, YOU CAN SEE THE CONTOURS.

MM-HMM .

THAT IS THESE DASHED LINES.

YOU CAN SEE IT STARTS AT 5 0 2 AND IT STARTS GOING DOWN AND IT GOES DOWN AND IT GOES DOWN TO ABOUT 4 96 0.5 UHHUH.

HERE IS THE LOWEST POINT.

THIS IS 4 96.

AND THEN IT BEGINS TO, UH, SLIGHTLY GO BACK UP AGAIN ALL THE WAY UP TO THE REAR OF THE PROPERTY.

THANK YOU.

OF COURSE.

ANY OTHER QUESTIONS? OKAY, MADAM CHAIR, THE APPLICANT IS NOT HERE WITH US THIS EVENING.

OKAY? THANK YOU.

AND I DO NOT HAVE A SPEAKER CARD FOR THIS ITEM, SO I WILL OPEN THE FLOOR FOR A MOTION.

I THINK THAT GOES TO NUMBER ONE.

GO AHEAD.

I WOULD LIKE TO, UH, CLOSE THE HEARING AND APPROVE ITEM NUMBER FOUR ZBA 2 6 0 6 0 0 3 7.

SECOND.

I HAVE A MOTION FROM MRS. JOHNSON AND A SECOND FROM MR. BAKER.

DO WE HAVE ANY DISCUSSION FROM THE BOARD ON THE MOTION? OKAY.

I'LL NOW TAKE A VOTE ON THE MOTION.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

ALL OPPOSED, PLEASE RAISE YOUR HAND.

THE MOTION PASSES

[01:20:01]

BY A VOTE OF NINE TO ZERO.

OKAY.

SO THIS BRINGS US TO THE CITIZEN COMMENTS.

UH, THE NEXT ITEM ON THE AGENDA IS CITIZEN COMMENTS.

CITIZENS MAY SPEAK FOR UP TO FIVE MINUTES ON ANY ITEM LISTED, NOT ON THE AGENDA.

IS THAT YOU? DO WE HAVE ANYONE? NO.

.

WE'RE .

OKAY.

UM, THIS CONCLUDES OUR AGENDA AND WE ARE ADJOURNED AT 6:57 PM.