May 11, 2021 Board of Adjustment

[CALL TO ORDER]

[1. Minutes: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Approving the Minutes from the Regular Meeting Held on March 9, 2021]

[00:00:10]

>> FIRST ITEM OF BUSINESS IS APPROVAL OF MINUTES FROM

PREVIOUS MEETING. >> MOVED.

>> SECOND. >> ALL OF THIS AND MORE TONIGHT ON "NEWSWATCH." IN FAVOR ALL ALL THE FAVO LONGER PERIOD OF TIME CONSIDERED BY THIS BOARD IF REQUESTED BY APPLICANT AT THIS HEARING. BUILDING PERMIT ON THE DAY OF THE REQUEST APPROVED AFTER THE MEETING IS ADJOURNED.

IF REQUEST IS DENIED MAY NOT BE RECONSIDERED BY THIS BOARD UNTIL 12 MONTHS AFTER THIS DATE. DISTRICT COURT FROM THIS STATE.

IF ANYONE IS COMING FORWARD TO PRESENT A CASE TODAY, I BELIEVE TO SWEAR IN. IF YOU WOULD RAISE YOUR RIGHTHAND, ANSWER THIS QUESTION, DO YOU SWEAR TO TELL THE TRUTH, WHOLE TRUTH AND NOTHING BUT THE TRUTH?

[2. BA-2021-03: A request from owners BR Forest Enterprises, LLC agent Stephen Moody for a request of an approval of a Special Exception to alter the front garage setback of a residence in a Medium Density (MD) District by less than 10 percent. Legal description being Lot 15 in Section 2 of Cordova Place, neighborhood to the City of Abilene, Taylor County, Texas.]

PUBLISHED 2021. BA-2021-05.

REQUEST FROM LLC AGENT STEPHEN MOODY FOR A REQUEST OF AN APPROVAL OF SPECIAL EXCEPTION TO ALTER THE FRONT GARAGE SET BACK OF RESIDENCE IN A MEDIUM DENSITY DISTRICT BY LESS THAN 10%.

>> GOOD MORNING. CHERYL SAWYERS.

THANK YOU. TODAY REPRESENTING BOARD OF ADJUSTMENT CASE-2021-03. OWNER BR FOREST ENTERPRISES AND LLC AGENT STEPHEN MOODY. LESS THAN 10% IN MOST CASES, ALTERING RESIDENTIAL SET BACK. ALLOWS US TO SEEK APPROVAL FOR THE SPECIAL EXEXCEPTION. 2844 AND NORTH MELISSA LANE.

AND 12 IN FAVOR AND 0 OPPOSED. THIS IS AREA ARIAL LOCATION MAP.

ZONING MAP MEDIUM DENSITY WHY IT HAS TWO ADDRESSES.

SITE EXHIBIT PROVIDED BY THE APPLICANT.

THIS IS THE PLAT THAT SHOWS SPECIFIC SPECIFIC MEASUREMENTS OF THE PROPERTIES. THEN HERE IS THE SIGHT EXHIBIT.

JUST TO SHOW WHERE THIS WILL SIT ON THE PROPERTY.

ACCORDING TO THE INFORMATION PROVIDED IN THE PACKET.

THIS IS ON THE EDGE OF THE CUL-DE-SAC NOTCH AT THE FRONT OF THE NORTHWEST CORNER, PUSHES 25-FOOT SET BACK DEEPER INTO THE NORTH SIDE OF THE LOT THAN NORMALLY.

ADDITIONALLY 40 FEET EASEMENT. MD IS 20 FEET.

USE OF SUBJECT PROPERTY. YOU CAN SEE 2802 AND 2804 MELISSA LANE ARE WHAT THIS PROPERTY SHOULD LOOK LIKE ONCE IT IS BUILT ON IT. YOU CAN SEE 12 IN FAVOR, ZERO IN

OPPOSITION. >> CAN YOU TELL ME HOW MANY ARE BY THE FOLK THAT IS OWN THE PROPERTY?

>> MOST OF THE PROPERTIES VACANT.

[00:05:02]

SPECIAL EXCEPTION. >> QUESTIONS FOR CHERYL?

>> IT IS A DUPLEX THEY ARE PROPOSING TO CONSTRUCT ON THIS

LOT? >> CORRECT.

>> DOESN'T LOOK LIKE QUESTIONS, CHERYL, THANK YOU.

AT THIS TIME I'LL OPEN UP PUBLIC HEARING COME FORWARD, STATE YOUR NAME, ADDRESS, REASON FOR YOUR REQUEST.

>> GOOD MORNING. I AM STEPHEN MOODY.

I WILL SAY I WAS HERE BACK IN NOVEMBER ON A SIMILAR ISSUE SISTER LOT ACROSS THE CUL-DE-SAC SAME ISSUE.

THIS IS THE MIRROR IMAGE. THIS IS OUR DEGREE OF ENCROACHMENT. THIS IS THE TRIANGLE AT THE FRONT OF THE PROPERTY OVER THE BUILD LINE.

IF YOU WALK OUT THERE AND STAND OUT THERE TO THE NAKED EYE, NOBODY IS GOING TO SAY UH HUH SOMETHING UNUSUAL THERE, PRETTY STANDARD STRAIGHTFORWARD, WE ARE JUST THESE TWO LOTS WHERE THE NOTCH IS CREATED ESPECIALLY THIS ONE WITH THE EASEMENT IN THE BACK PINCHES US RIGHT THERE WHERE THAT CUL-DE-SAC STARTS.

WE ARE ASKING FOR RELIEF FOR THE SMALL VARIANCE.

WE WERE ALL 12 OF THOSE ANSWERS, I AM SURE.

>> SURE, SURE. LAST TIME, NEIGHBOR ADJACENT TO US ONLY OTHER INDIVIDUAL. HE IS A NICE GUY.

I THINK HE IS IN THE HOSPITAL. HE IS A VETERAN.

I THINK THAT WAS THE ONLY OTHER NON OWNER THAT GOT A NOTICE.

>> REQUIRED TO DO SIDEWALKS? >> YES, YES.

>> THANK YOU FOR COMING FORWARD BEFORE YOU BUILD IT?

>> NO WORRIES. I UNDERSTAND THE HEADACHES THAT CAN PUT YOU IN A BAD POSITION. THANK YOU FOR HEARING ME.

>> THANK YOU. >> ANY WISH TO SPEAK IN FAVOR OF THIS REQUEST? ANYONE TO SPEAK IN OPPOSITION? I'LL CLOSE PUBLIC HEARING, DISCUSSION.

DISCUSSION. >> I THINK THE UTILITIES EASEMENT SQUEEZING TO THE POINT THIS IS A REASONABLE REQUEST.

>> SAME THING AS BEFORE. SAME OUTCOME, I AM SURE.

>> I DON'T HAVE ANY ISSUES WITH IT.

>> WE APPROVED REQUEST FOR SPECIAL EXCEPTION BASED ON FINDINGS AND STAFF REPORT NATURE OF THE LOT OF THE CUL-DE-SAC.

>> SECOND THAT MOTION. >> WE HAVE A MOTION TO APPROVE BASED UPON FINDINGS AND THE STAFF REPORT.

COLONEL LANGHOLTZ? >> YES.

>> MR. BEERMANN? >> YES.

>> MR. ODLE? >> YES.

>> MR. LOUDERMILK? YOO

>> YES. >> MOTION TO APPROVE.

[3. BA-2021-06: A request from owners Chris & Sarah Proctor for a request of an approval of a 2 foot variance from the minimum 5 foot accessory building side setback for a proposed 12 foot in height building to be located in the rear of the property. Legal description being Lot 13 in Block R of the Fairways Subdivision.]

>> THANK YOU, MR. CHAIRMAN, MY NAME IS BRAD STONE.

I AM A PLANNING ON THE CITY PLANNING STAFF.

PROPONENTS SEEK A TWO-FOOT VARIANCE FROM MINIMUM FIVE-FOOT

[00:10:01]

DETACHED GARAGE CAN BE BUILT MORE THAN 10 FEET HIGH.

THAT BUILDING MUST BE SET BACK MORE THAN THREE FEET.

SPECIFICALLY ONE FOOT OF ADDITIONAL SET BACK REQUIRED FOR EVERY ONE FOOT IN HEIGHT ABOVE 10 FEET.

THESE PARTICULAR REGULATIONS HAVE BEEN IN EFFECT SINCE NEWS ONLY REGULATIONS ADOPTED BY CITY COUNCIL DURING 2010.

THIS PARTICULAR CASE THIS MEANS THE PROPOSED NEW CARPORT WHICH MEASURES 12 FEET HIGH MUST BE SET BACK MINIMUM OF THREE FEET PLUS TWO FEET OR FIVE FEET FROM THE SIDE BOUNDARY LINE OF THIS SITE. THIS SHOWS SUBJECT PROPERTY IN PLANNED DEVELOPMENT DISTRICT NO. 4.

CO-INSIDES WITH THE SUBDIVISION KNOWN AS FAIRWAYS.

USE AND DEVELOPMENT STANDARDS RS 8 ZONING CLASSIFICATION.

THIS SHOWS SLIDES AT 25 CYPRESS POINT ON THE LEFT.

AND ADJACENT PROPERTY, 23 CYPRESS POINT ON THE RIGHT.

BOTTOM LEFT PROXIMATE LOCATION OF THE PROPOSED GARAGE.

I WOULD IMAGINE KIND OF WHERE THE RED CAR IS LOCATED.

I WOULD ALSO LIKE TO POINT OUT ADJOINING PROPERTY 23 CYPRESS POINT EXISTING CARPORT THERE APPEARS TO BE SET BACK ONLY TWO FEET FROM THAT SITE SIDE BOUNDARY.

THIS EXISTING CARPORT APPEARS TO BE BUILT WITHOUT A PERMIT AND IN ZONING REGULATIONS. SORRY THIS MAP IS INCORRECT.

IT IS CORRECT IN SHOWING ONE PROPERTY OWNER TO THE WEST OR LEFT OF THE SUBJECT PROPERTY THAT RETURNED THE COMMENT FORM IN OPPOSITION. WE DID RECEIVE TWO COMMENT FORMS IN FAVOR. ON ONE OF THE COMMENT FORMS, WE GOT AN ACTUAL COMMENT. THIS WAS FROM THE OWNER OF PROPERTY AT 23 CYPRESS POINT. THEY WERE MARKED THAT SEEMS LIKE IT IS IN LINE WITH EVERYONE ELSE.

>> SO THAT IS 44401 PROPERTY. >> YES.

44401. >> OKAY.

>> PROPERTY IDENTIFICATION NUMBER.

>> THANK YOU. >> THEY ARE ONE OF TWO THAT RESPONDED IN OPPOSITION. IN FAVOR.

OTHER RESPONDING IN FAVOR LIES ACROSS THE STREET FROM THE

SUBJECT PROPERTY. >> WAS THERE ANY COMMENT ON THE

ONE THAT OPPOSED IT? >> NO.

>> NEXT SLIDE SHOWS THE STATUTORY CRITERIA FOR APPROVAL OF A VARIANCE FROM ZONING REGULATIONS.

THESE ARE DIFFERENT FROM APPROVAL OF A SPECIAL EXCEPTION.

THEY ARE SOME WHAT MORE DEMA DEMANDING. CITY STAFF CAN IDENTIFY NO INHERENTLY SPECIAL CONDITIONS ABOUT THE SUBJECT PROPERTY OR

[00:15:01]

SET BACKS DO HELP PROMOTE COMPATIBILITY WITH NEIGHBORHOOD PROPERTIES AND GENERAL EXPECT AND DESIRE IN A SINGLE-FAMILY RESIDENTIAL ENVIRONMENT BY INSURING THAT A MINIMUM DEGREE OF OPEN SPACE EXISTS AROUND BOUNDARIES OF SINGLE-FAMILY HOMESITES IN DIRECT RELATION TO HEIGHT OF BUILDING MASS.

IN THE ABSCESS OF SPECIAL CONDITIONS GRANTING THE VARIANCE SEEMS INCONSISTENT WITH THE INTENT AND PURPOSE OF THOSE STANDARDS. FINALLY EXISTING LAYOUT OF BUILDINGS ON THE SUBJECT PROPERTY DOES IMPOSE AS YOU MIGHT EXPECT PRACTICAL LIMITATIONS ON WHAT MORE CAN BE BUILT ON THAT SAME PROPERTY. IN ANDS OF THEMSELVES THOSE CONDITIONS DO NOT MEAN THAT ENFORCING THE APPLICABLE SETBACK CREATES UNNECESSARY HARDSHIP. EXISTING LAYOUT OF BUILDINGS IS IN THIS CONTEXT A CONDITION CAUSED BY THE APPLICANT.

AND FINALLY, FINALLY. IT IS TRUE THAT THERE ARE OTHER NEARBY CIRCUMSTANCES OF DETACHED ACCESSORY BUILDINGS THREE FEET FROM INTERIOR SIDE BOUNDARIES. HOWEVER THESE OTHER NEARBY CIRCUMSTANCES ARE EITHER COMPLIANT WITH STANDARDS TO OPEN SIDING PORTS WHICH ARE SOME WHAT MORE LIBERAL THAN SET BACK STANDARDS APPLICABLE FOR ENCLOSED BUILDINGS.

OR STRUCTURE COMPLIANT WITH SET BACK STANDARDS IN EFFECT WITH THE TIME OF CONSTRUCTION SINCE AMENDED.

OR THE STRUCTURE BUILT WITHOUT A PERMIT AND IN ZONING REGULATIONS OR STRUCTURE IS COMPLIANT WITH THE VARIANCE AUTHORIZED BY THE BOARD OF ADJUSTMENT, THANK YOU. I WOULD BE HAPPY TO ANSWER ANY

QUESTIONS YOU MIGHT HAVE. >> ANY QUESTIONS?

>> COUPLE OF QUESTIONS: WE SEEM TO USE THE TERMS ACCESSORY BUILDING AND DETACHED GARAGE INTERCHANGEABLY?

ARE REQUIREMENTS DIFFERENT? >> TERM DETACHED ACCESSORY BUILDING CAN INCLUDE OPEN SIDED CARPORTS AND PATIO COVERS.

AS I MENTIONED THESE HAVE SOME WHAT MORE LIBERAL STANDARDS FOR SET BACK THAN DO STANDARDS FOR AN ENCLOSED ACCESSORY BUILDING LIKE A FULLY ENCLOSED GARAGE OR STORAGE BUILDING.

OPEN SIDED CARPORT CAN BE WITHIN THREE FEET FROM THE SIDE PROPERTY LINE. THAT IS THE EDGE OF THE ROOF OR OVERHANG MUST BE SET BACK FOR IT IS ALSO AT LEAST THREE FEET.

AGAIN FOR A BUILDING NO MORE THAN 10 FEET TALLER.

IF TALLER GARAGE HAS TO BE SET BACK FURTHER.

>> APPLICANTS APPLICATION TALKS ABOUT LESS THAN THREE FEET WE

SETTLED ON THREE FEET. >> THE SITE PLAN THEY SUBMITTED SHOWS THREE FEET. THAT WAS THE SAME SITE PLAN FOR

BUILDING PERMIT. >> BUT THE VERBIAGE TALKS ABOUT

LESS THAN THREE FEET. >> SUFFICE IT TO SAY, EXTERIOR WALL PROPOSED TO BE THREE FEET. THE EVE CAN OVERHANG AS MUCH AS TWO FEET FROM WHATEVER SET BACK IS REQUIRED OF THE EXTERIOR WALL. IF THIS GARAGE BUILDING HAD OPEN

SIDES, THREE SIDES? >> THREE SIDES OPEN.

>> OKAY. THIS WOULD BE ACCEPTABLE IF IT

WERE OPEN SIDED? >> YES, SIR.

>> OKAY. THANK YOU.

>> DOES THAT GO FROM PEAK OR WALL HEIGHT.

>> THAT IS DEFINED IN LAND DEVELOPMENT CODE.

THERE IS AN IMAGE OR PICTURE THAT SHOWS YOU HOW TO MEASURE

BUILDING HEIGHT. >> THANK YOU.

[00:20:03]

>> ANY OTHER QUESTIONS FOR BRAD? >> THANK YOU.

AT THIS POINT OPEN UP PUBLIC HEAR, PLEASE COME FORWARD AND STATE YOUR NAME AND REASON FOR REQUEST.

>> HI WE ARE CHRIS AND LARRY PROCTOR.

WE WANTED TO BUILD ATTACHED GARAGE SEVERAL DETACHED STREK WHICH YOU ARES IN OUR NEIGHBORHOOD ALL OF WHICH ARE LEAST 12 FEET TALL MANY OF WHICH ARE TALLER.

WE KNOW THAT THE ORDNANCE STATES IT CAN BE 10 FEET TALL.

WE ARE ASKING FOR TWO MORE FEET JUST TO MAKE THE GARAGE MORE IN LINE AND AESTHETICALLY PLEASING WITH THE REST OF THE BUILDINGS IN OUR NEIGHBORHOOD. WE HAVE PUT A LOT OF TIME INTO POSITIONING WHERE IT SHOULD BE ON OUR PROPERTY.

WE HAVE A LOT OF BIG TREES, WE ARE TEXANS AND DON'T WANT TO LOSE THOSE. MAKES THE MOST SENSE AS FAR AS NOT LOSING THAT -- OR ANY OF OUR NEIGHBORS, SORRY.

WHEN YOU STEP OUT OF OUR NEIGHBOR'S YARDS, WHERE IT WOULD BE IS WHERE OUR NEIGHBOR PARKS HIS TRUCK NOW.

SO IT DOESN'T CHANGE ANYTHING THEY CAN SEE OR NOT SEE FROM THEIR PROPERTY. SO I GUESS REALLY, WHERE WE ARE COMING FROM IS WE NEED TWO MORE FEET NOT LOOKING TO BUILD ANYTHING OUTRAGEOUS. WE WILL USE TO SAME MATERIALS USED ON OUR HOUSE. WE ARE ASKING FOR TWO EXTRA FEET. I HAVE TAKEN PICTURES OF WHERE IT NEEDS TO GO. I SEE YOU ALREADY HAVE THOSE.

SHOWING HOW IT LOOKS FROM OUR NEIGHBOR'S POINT OF VIEW, OUR POINT OF VIEW AND THE STREET. I THINK THAT IS WHERE WE ARE AT.

IF YOU HAVE QUESTIONS. WE HAVE NEVER DONE THIS BEFORE.

WE DON'T KNOW SPECIFICALLY WHAT YOU ARE WANTING.

>> YOU DID GREAT. >> YOU DID GREAT.

>> QUESTIONS FOR PROCTORS? >> PROPERTY?

>> TALKS ABOUT 12 AND 5 PITCH SAME AS YOUR HOUSE?

>> YES. >> I WOULD HAVE TO ASK, TOO.

OKAY. >> OKAY.

OPEN SIDED ISN'T AN OPTION? >> FOR SECURITY WE WANT TO HAVE IT ENCLOSED. JUST TO HAVE OUR CARS AND WHATEVER WE STORE MORE SECURE. PREFER TO HAVE IT ENCLOSED.

>> AND YOU HAVE A TWO-CAR ATTACHED GARAGE.

>> WE HAVE THREE TEENAGE BOYS DRIVING.

>> WE HAVE 16-YEAR-OLD TWINS AND A 14 YEAR OLD.

>> YOUR INSURANCE AGENT MUST LOVE YOU?

>> WE ARE HIS BEST FRIENDS. >> GOOD LUCK WITH THOSE.

[LAUGHTER]. >> HAVE YOU HAD A CHANCE TO TALK

TO YOUR NEIGHBOR THAT OPPOSED? >> WE DID.

THE NEIGHBORS ON THE OTHER SIDE BUILT A CARPORT NOT PERMITTED AND ALLOWED TO STAY AND SIX INCHES FROM THEIR PROPERTY LINE.

THEY ARE A LITTLE BIT SORE ABOUT THAT.

WE EXPLAINED TO THEM, IT WOULD BE THREE FEET WHICH IS THE MINIMUM, YOU KNOW WE WERE ONLY ASKING FOR TWO FEET TALLER.

THEY SAID THEY WOULD BE FINE AS LONG AS WE HAD A PERMIT WE WOULD NEVER NOT DO ANYTHING WITHOUT A PERMIT.

THEY HAD TO SIGN A THING TO KEEP IT FROM BEING TORN DOWN.

WE WENT OVER THERE TO TALK TO THEM TO EXPLAIN WHERE WE WERE

COMING WITH THIS. >> YOU SAID ADDITIONAL 2 FEET TO MAKE 12 FEET AT THE HEIGHT OF THE PEAK.

[00:25:01]

WHAT WOULD IT DO TO MAKE IT 10? >> MAKE IT LITTLE THAN THE REST

OF THE NEIGHBORHOOD. >> DIFFERENT RIDGE LINE.

>> IT WOULD BE ALMOST A FLAT ROOF.

>> AND THE SIZE OF THE STRUCTURE.

>> IT WOULD BE -- WHEN YOU LOOK AT OUR NEIGHBORHOOD, THERE ARE DETACHED STRUCTURES EVERYWHERE AND NONE SHORTER THAN 12 FEET.

MANY ARE WAY TALLER WHICH IS FINE.

TO MAKE IT LOOK MORE COHESIVE, 12 FEET IS WHAT WE

>> TRYING TO MATCH IT UP TO THE HOUSE.

THERE IS A LITTLE RED CAR IN FRONT OF THAT LOOKS LIKE A LARGE TREE. PROPOSED STRUCTURE TO BE THE THE

EAST OF THAT TREE? >> IT WOULD BE IN BETWEEN THAT

TREE AND THE RED CAR >> OH IT WOULD BE IN BETWEEN.

>> IT WOULD FIT BETWEEN THEM? >> YES, SIR.

>> IT WOULD CONNECT -- NOT CONNECT AT THE BACK CORNER OF

THE EXISTING GARAGE? >> YES, SIR.

YES, SIR. ACTUALLY THE BACK CORNER OF OUR

HOUSE. >> THAT WOULD BE THE GARAGE IN FRONT. THEN THAT WINDOW AND DOOR BEHIND

THERE. >> SET BACK FROM THAT.

>> YOU CAN'T SLIDE THE STRUCTURE IN SIMPLE TERMS YOU CAN'T SLIDE

THAT OVER? >> CLOSER TO OUR HOUSE?

>> CLOSER TO THE EAST? >> BEHIND THE HOUSE.

>> MAY I RESPOND TO THAT? THERE IS STATUTORY MINIMUM SIX FOOT BETWEEN DETACHED ACCESSORY BUILDING AND EXTERIOR WALL AND

EXTERIOR WALL OF THE HOME. >> AND THEY ARE NOT CORRECTED.

>> SITE PLAN PRESENTED WITH THE APPLICATION DOES SHOW THE NEW BUILDING TO BE SEPARATED BY THAT MINIMUM SIX FEET.

>> YES. >> TOOK THE SAME STRUCTURE AND

MOVED IT TWO FEET. >> THAT IS A VARIANCE THAT COULD

BE APPROVED? >> WE WOULD BE LOOKING AT ALL THE SAME CRITERIA. IT WOULDN'T BEEN ENCROACHING INTO THE SITES REQUIRED BUT IN THE PATH.

THAT IS WHERE I WAS WONDERING HOW IT FIT.

>> THAT IS HOW WE LANDED ON THIS.

>> DOES THAT TREE HAVE TO GO? >> THAT IS A POSSIBILITY? IF YOU PUT IT MUCH FURTHER BACK THEN YOU ARE TALKING ABOUT BLOCKING THE GOLF COURSE. NOT JUST FOR US, FOR OUR NEIGHBORS. IF THE TREE STAYS, STAYS.

IF IT GOES, WE CAN SET THE BUILDING BACK MAYBE A FOOT WITHOUT WHEN YOU LIVE ON THE GOLF COURSE YOUR NEIGHBORS SURELY DON'T WANT TO LOSE THE VIEW. SHOW IT 20 FEET IN DEPTH YOU COULD SHORTEN TO SAVE THE TREE.

IF THE TREE HAS TO GO, THEN IT WOULD TAKE OUT OF QUESTION

WHETHER OR NOT YOU -- >> LOOKS LIKE THE TREE IS GOING TO EXTEND OVER IF YOU BUILD THE STRU

STRUCTURE, NO QUESTION. >> SO I GUESS THAT WAS MY

QUESTION. >> WE WANTED TO MAKE IT 20 BY 20. WE DON'T HAVE ROOM FOR 20 BY 20.

WE ARE DOING 18X 20. WE COULD MAKE IT 18X18 OUR

PREFERENCE IS 18X20. >> DO YOU KNOW ABOUT HOW MUCH

[00:30:01]

>> OFFSET. FRONT OF THE GARAGE OR DOES IT COME ON HOUSE IS IT SET BACK FAR ENOUGH?

>> I WOULD MAKE THE ASSUMPTION YOU START WHERE THE FENCE IS?

>> WE WANT TO, YES, SIR. >> IF I WERE DOING THAT IS WHERE

I WOULD DO IT. >> PORT OF OUR HOUSE IT -- IT IS IN LINE WITH A PORTION OF OUR HOUSE, ONE-FOURTH OF OUR HOUSE.

>> THREE FEET PROBABLY FROM THE CORNER.

I WOULD THINK WOULD BE THAT FENCELINE.

>> IF YOU SET IT BACK FAR ENOUGH YOU GET IT SIX FEET FROM THE

REQUIREMENT. >> YOU DO AND THE YOU BLOCK THE GOLF COURSE AND THE TREE HAS TO GO.

WE HAVE ANOTHER TREE WE DON'T WANT TO LOSE.

>> ONLY QUESTION I WOULD HAVE IS: IF WE HAVE TO CONSIDER TO APPROVE IT, IS THERE ANYTHING YOU GUYS CAN ADD TO GIVE US CRITERIA TO SUPPORT THOSE CRITERIA WE WOULD HAVE TO

SUPPORT TO APPROVE THIS REQUEST? >> I MEAN I GUESS OUR MAIN PLEA IS THAT IT, FOR IT TO LOOK LIKE THE REST OF OUR NEIGHBORHOOD, IT NEEDS TO HAVE BE 12 FEET TALL AND WHEN WE MOVE IT CLOSER TO THE HOUSE, IT IS GETS TOO CLOSE TO OUR HOUSE.

WE ARE IN LINE WITH THE ORDNANCE IF IT IS AT 10 FEET BECAUSE WE ARE THREE FEET AWAY. WE ARE STILL WITHIN MINIMUM OF THREE FEET NO MATTER HOW TALL WE ASK IT TO BE.

WE ARE GOING TO WE ARE GOING TO GUTTER IT, MAKE SURE IT HAS GOOD DRAINAGE. EVERYTHING TO MAKE SURE IT LOOKS LIKE THE REST, IT IS NOT ENCROACHING ON ANYTHING OUR NEIGHBORS HAVE VERSES WHAT THEY MAY HAVE ON THE OTHER SIDE OF THEM. ALL OF THAT.

WE ARE GOING TO DO WHAT WE NEED TO DO.

WE NEED TWO MORE FEET TO MAKE IT LOOK LIKE EVERY OTHER BUILDING ON THAT STREET. AND THE WHOLE NEIGHBORHOOD.

YOU CAN DRIVE IN ALL OF FAIRWAY. DETACHED GARAGES, CARPORTS.

I AM NOT TRYING TO BE LIKE THAT I WANT THAT.

I WANT IT TO BE IN LINE DETACHED BUILDINGS EVERYWHERE.

NONE ARE 10 FEET. ALL AT LEAST 12 FEET TALL.

THAT IS WHY WE ARE ASKING. >> ANY OTHER QUESTIONS FOR THE

PROCTORS? >> THANK YOU.

ANYONE ELSE TO SPEAK IN FAVOR? ANYONE TO SPEAK IN OPPOSITION? SEEING NONE, CLOSE PUBLIC HEARING, DISCUSSION?

>> I HAVEN'T CHECKED AGAINST THE HOMEOWNER'S ASSOCIATION WHICH IS MORE RESTRICTIVE THAN THE CITY. AMAZINGLY IT IS IN COMPLIANCE WITH THAT. HOMEOWNER'S ASSOCIATION HAPPY WITH IT. CRITERIA WE ARE LOOKING AT HERE THIS IS UNIQUE BECAUSE IT IS ON THE GOLF COURSE.

THERE IS NOTHING BEHIND IT BUT FAIRWAY.

DOUBLE FAIRWAY, ACTUALLY. NOTHING WILL EVER BE THERE.

SO THESE RESTRICTIONS ARE SET UP FOR A DIFFERENT KIND OF LAND MASS WE CERTAINLY DON'T WANT TO SQUEEZE PEOPLE INTO CUTTING DOWN TREES IN WEST TEXAS AT ALL. IT IS BIG GORGEOUS TREES TO START WITH. SO FOLKS ARE RIGHT THIS SOLID ALONG THE BIGLINE. I HAVE BEEN UP THERE SINCE THE

[00:35:02]

>> I THINK YOU ARE RIGHT. >> YOU LIVE OUT THERE, YOU HAVE BEEN AROUND I HAVE SEEN THE CARPORTS.

I THINK THAT NOT ONLY BENEFIT THEM.

COME IN AND GET A PERMIT TO DO THEM.

SO THAT IT IS REGULATED. YOU ACTUALLY HAVE FOLKS THAT

AREN'T. >> THERE IS A LOT OF SINS OF THE

PAST. >> ONLY CRY TIER YAR I HAVE HAD TROUBLE WITH IS NO. 2. NEIGHBORING PROPERTIES.

PUBLISHED OPPOSITION. PRESENTED WITH WHAT THE ACTUAL SITUATION WITH THEM SUBMITTING THAT LETTER.

THE NEIGHBOR INDICATED THEY WOULD BE HAPPY WITH APPROVED.

>> BRAD, YOU SAID THERE WAS NO COMMENT TO THEIR OPPOSITION?

NO COMMENTS AT ALL. >> I RECALL A TELEPHONE CONVERSATION THAT NEIGHBOR HAD WITH ME AFTER SHE SENT THE OPPOSITION. BACK IN 2013 BUILT THIS CARPORT VIRTUALLY ON THE PROPERTY LINE. WHEN QUESTIONED BY STAFF, THEY DID SUCCESSFULLY SEEK APPROVAL OF A VARIANCE AFTER THE FACT THAT THE CARPORT WAS ALREADY BUILT.

THAT NEIGHBOR IN OPPOSITION STILL FEELING THE STING FROM THAT. YOU PULL THAT UP.

WE WANT TO MAKE IT LOOK LIKE THE REST OF THE PROPERTY.

I DON'T SEE WHERE YOU WOULD HAVE ANY SORT OF ENCROACHMENT ON YOUR NEIGHBORHOOD'S PROPERTY EVEN AT THAT HEIGHT.

IT IS CONCRETE. >> TWO FEET HIGHER ON TOP DOESN'T CHANGE A THING IT IS A COMPLIANCE.

>> IT WILL CHANGE HOW FAST WATER ROLLS OFF.

>> HOW WATER ROLLS OFF THE ROOF IF YOU ARE GUTTERING IT DOESN'T

MAKE A DIFFERENCE. >> DOES NOT IMPINGE AND HEIGHT

DOESN'T EFFECT THAT AT ALL. >> I AGREE AS FAR AS THE CRITERIA, OR ASSESSING THAT ANY SPECIAL CIRCUMSTANCES OR CONDITIONS? NORMAL LOT, NORMAL TO THE NEIGHBORHOOD. NOT SPECIAL.

UNLESS YOU WANT TO SAY TREES. >> I THINK THE TREE IS REASON

ENOUGH. >> THAT IS THE ONLY.

MR. HAY SAID NO. 2, CONTRARY WILL NOT BE CONTRARY TO PUBLIC INTEREST IN NEIGHBORING PROPERTIES OR DETRIMENTAL TO PUBLIC WELFARE. IF IT IS ENCROACHING NOT WITHIN THE REQUIRED SET BACK. WHO KNOW WHAT IS THE ULTIMATE

[00:40:06]

IT IS STILL ENCROACHING WITH THE SET BACK TO THAT PROPERTY.

>> THAT IS WHY THE DISCUSSION WAS IMPORTANT TO ME.

I WAS SATISFIED WITH THE DISCUSSION.

>> IF YOU LOOK AT THE GREATER GOOD, MORE CONSISTENT WITH THE INJURY THAT COULD BE CAUSED TO THE NEIGHBORHOOD TO BLOCK THE GOLF COURSE. THAT IS NOT GOING TO HAPPEN BASED ON WHAT IS PROPOSED. RUNOFF OR WATER ON TO THE

ADJOINING PROPERTY. >> THAT IS BEING MITIGATED BY THE GUTTERING. I THINK THE WAY THE NEIGHBORHOOD IS BUILT OUT, NOT ALLOWING THEM TO DO IT WOULD BE HARDSHIP NONE OF THE OTHER NEIGHBORHOOD HAS BEEN SUBJECTED TO.

THAT IS PROBABLY UNUSUAL VIEWPOINT.

>> IF YOU FACTOR IN THE FACT ILLEGAL ONES OUT THERE, CITY TAKEN NO ACTION BECAUSE NO ACTION IS DEMANDED.

FOLKS THAT COME OUT AND PERMIT ALL THE REST OF IT.

>> I APPLAUD THEM FOR GOING THROUGH THE PROPER CHANNELS.

>> THERE ARE UGLY ONES OUT THERE THAT DON'T MATCH ANYTHING.

WITH THAT SAID THERE IS ASPECT OF THIS, STREET LOWER AND YOU LOOK UP TO THE HOUSES WHETHER IT IS 12 OR 10 FEET, I DON'T KNOW IT IS THAT CRITICAL FOR THIS CRITICAL PART OF THE AREA.

OTHER THING WE NEED TO CONSIDER AND HASN'T BEEN MENTIONED IS: WHATEVER WE SAY TODAY IS A PRECEDENT FOR FUTURE SO WE HAVE TO BE PREPARED FOR WHICHEVER WAY THIS GOES.

>> THOSE ON THE PROPERTY LINE APPROVED.

>> IT HAS TO BE CONSCIENTIOUS AND DELIBERATE DECISION ON OUR PART. BECAUSE OF IMPLICATIONS.

>> THIS IS A PLANNED DEVELOPMENT UNIQUE BACKS UP --

>> ANY OTHER DISCUSSION? I'LL ENTERTAIN A MOTION.

APPROVE REQUEST FOR VARIANCE BASED ON UNIQUENESS OF LOCATION AND FACT THAT IT BACKS ON A GOLF COURSE.

THE FACT THERE IS TREES WHICH ARE VALUABLE TO THE NEIGHBORHOOD AS A WHOLE. IT DOES NOT IMPINGE ON THE

RIGHTS OF ANY OF THE NEIGHBORS. >> I'LL SECOND THAT MOTION.

>> MOVE A MOTION TO APPROVE THIS REQUEST.

COLONEL LANGHOLTZ? >> YES.

>> MR. BEERMANN? >> YES.

>> MR. ODLE? >> YES.

[00:45:02]

>> MR. LOUDERMILK? >> YES.

>> AND MR. HAY? >> YES.

>> MOTION TO APPROVE CARRIES. >> THANK YOU, THAT IS THE LAST CASE WE HAVE ON THE AGENDA TODAY.

IF THERE IS NOTHING ES, I'LL ENTERTAIN A MOTION TO APPROVE.

>> SO MOVED. >> SECOND.

>> THOSE IN FAVOR.

* This transcript was compiled from uncorrected Closed Captioning.