Aug 08, 2023 Board of Adjustment

[00:00:04]

>> OKAY. I SHOW 8:30. WE WILL GET THIS MEETING STARBTED. THE BOARD OF ADJUSTMENTS HAS FILED FOR MEMBERS FOUR OF WHICH MUST BE PRESENT. THE APPLICANT HAS 180 DAYS FROM THIS DATE TO OBTAIN A BUILDING PERMIT, ONE WHICH IS REQUIRED A LONGER PERIOD OF TIME WOULD BE CONSIDERED BY THIS BOARD IF REQUESTED BY THE APPLICANT AT THIS MEETING. THE BUILDING PERMIT MAY BE APPLIED FOR THE DAY THE REQUEST IS APPROVED AFTER THE MEETING HAS ADJOURNED.

IF THE REQUEST IS DENIED, IT MAY NOT BE RECONSIDERED BY THIS BOARD UNTIL 12 MONTHS FROM THIS DATE. APPEALS FROM THE DECISIONS OF THIS BOARD MAY BE MADE TO A COURT OF RECORD. IN THIS CASE, THE DISTRICT COURT WITHIN 10 DAYS OF THIS DATE.

WE NEED TO SWEAR IN ANYONE WHO IS GOING TO COME FORWARD AND PRESENT A CASE TODAY.

SO IF YOU PLAN TO COME TO THE LECTERN AND SPEAK, PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?

[1. Minutes: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Minutes from the Regular Meeting Held on July 11, 2023]

>> ALL IN FAVOR? MOVING ON. CLARISSA, WHERE IS MY -- I'M

[2. BA-2023-03: (1833 Jeanette Street) Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Christopher and Lajeana Blanchette represented by Angel Orozco for a special exception allowing a detached carport within the front setback to have a setback of 0 feet from the property line]

OKAY. >> GOOD MORNING. MY NAME IS CLARISSA IVY AND I'M A PLANNER FOR THE CITY OF ABILENE. TODAY WE ARE CONSIDERING CASE BA-2023-03 REQUESTED BY THE OWNERS OF PROPERTY 18 STHRAOE -- 1833 JENNETTE STREET.

THEY HAVE AN AGENT AND HE IS ANGEL OROZCO. THEIR REQUEST IS A SPECIAL EXCEPTION TO ALLOW A DETACHED CARPORT WITHIN THE FRONT SETBACK TO EXTEND TO THE PROPERTY LINE.

THIS IS LOCATED IN THE MIDDLE OF THE NEIGHBORHOOD AREA. EVERYTHING SURROUNDING THE PROPERTY IS ZONED RESIDENTIAL SINGLE-FAMILY. HERE ARE PHOTOS OF THE SUBJECT PROPERTY AND THE NEIGHBORING AREAS. YOU CAN SEE THE CARPORTS DO EXIST ON THE STREET. SPECIFICALLY A CARPORT FOR THE NEIGHBOR TO THE NORTH AND ALSO A CARPORT TO THE NEIGHBOR ON THE SOUTH. THIS IS WHAT THEY ARE PROPOSING.

IT IS FOR A CARPORT TO BE TWO FEET FROM THEIR HOME. THE CARPORT IS 21 BY 27 AND IT IS TO EXTEND ALL THE WAY TO THE PROPERTY LINE AND THEREFORE IT IS ABOUT 12 FEET FROM THE BACK.

WE'LL SEND OUT NOTIFICATION AND WE DID NOT RECEIVE ANY OUT ANY IN FAVOR OF OR OPPOSED.

SECTION 1.4.4.1 FOR THE LAND DEVELOPMENT CODE AND THAT WOULD BE THE CRITERIA FOR APPROVAL OF SPECIAL EXCEPTION. THE CARPORT IS NOT CONSISTENT WITH THE CARPORT TO THE PROPERTIES WITHIN THE NORTH AND SOUTH. THE CARPORT THEY ARE PROPOSING IS TWO FEET FROM THE PROPERTY -- I MEAN, FROM THE RESIDENCE. THE CAR CAR -- CARPORT THAT EXIST ARE ATTACHED. THEY ARE PROPOSING THE CARPORT TO BE ALL THE WAY TO THE PROPERTY LINE, AT THE PROPERTY LINE, WHILE THE CARPORTS THAT ALREADY EXIST ON THE PROPERTIED -- ON THE PROPERTY ARE SETBACK SLIGHTLY FURTHER. GRANTING THE SPECIAL EXCEPTION WILL NOT PLACE A BURDEN ON PUBLIC FACILITIES AND THE INTENT FOR CARPORTS TO BE ATTACHED OR ABUTTING LESS THAN SIX INCHES TO THE PRINCIPAL STRUCTURE WHEN IT IS EXTENDED TO THE STREET.

GRANTING A SPECIAL EXTENSION WILL CREATE A PRECEDENCE FOR CARPORTS IN THE FRONT YARD

[00:05:06]

I KNOW THIS IS A LITTLE OF A COMPLICATED CASE. >> THIS CARPORT PROPOSED, IT WILL STICK OUT FURTHER THAN THE ONES THAT ARE PRESENTLY ON THE SOUTH AND NORTH?

>> YES. SLIGHTLY. >> HOW MUCH?

>> THE EXISTING CARPORTS, OBTAIN VARIANCES PREVIOUS TO CARPORTS BEING ALLOWED IN THE FRONT SETBACK, WITHIN THE FRONT SETBACK. EXISTING CARPORTS ARE 15 FEET FROM BACK OF CURB. THE WAY THEY ARE PROPOSING THIS IT WOULD BE 12 FEET FROM BACK OF CURB AND RIGHT AT THE PROPERTY LINE. HOWEVER, IF YOU LOOK AT THE SIGN, THEY DON'T -- THEY ARE NOT SHOWING TO HAVE ANY OVERHANG. IT WILL BE FLUSH.

IT WOULD BE PROBABLY STICKING OUT THREE FEET OR SO MORE. MORE THAN THE ONES THAT EXIST.

>> WOULD THIS INTERFERE IN ANYWAY WITH VISUAL, DRIVING DOWN THE STREET --

>> IT WOULD STILL BE 12 FEET BACK FROM THE CURB. AS YOU CAN SEE ON THE TOP LEFT PICTURE ON YOUR SCREEN RIGHT NOW WHERE IT SAYS "SUBJECT PROPERTY," WHERE THEY HAVE THEIR MAILBOX, THE MAILBOX IS THE BACK OF THE CURB. WHERE THE TRUCK IS, IT IS EXTENDING PAST THE CURB. SO IT WILL BESET BACK AT LEAST 12 FEET.

>> 12 FEET FROM THE MAILBOX. >> YES. >> OKAY. THANK YOU.

>> ANY OTHER QUESTIONS? >> THE OTHER CARPORTS IN THE AREA, WERE THEY PERMITTED

CARPORTS? >> YES. THE CARPORT TO THE NORTH AND TO THE SOUTH, THEY OBTAINED PERMITS AND THIS BOARD APPROVED VARIANCES FOR THEM AS WELL.

>> OKAY. DO YOU KNOW WHAT THE OVERALL HEIGHT OF THE PRAU 30ES --

PROPOSED CARPORT WOULD BE? >> IT CANNOT BE MORE THAN 12 FEET.

>> WHAT? >> 12 FEET. >> THE HEIGHT?

OKAY. >> ANYONE ELSE? THANK YOU, CLARISSA.

WILL THE PROPONENT PLEASE COME FORWARD TO THE MICROPHONE AND STATE THEIR NAME AND STATE WHY

THEY ARE REQUESTING THE SPECIAL EXCEPTION OR VARIANCE. >> GOOD MORNING.

WE JUST WANT A CARPORT AND WE HAVE A COUPLE NICE TRUCKS AND DON'T HAVE A GARAGE.

I USE MY NEIGHBOR'S HERE AND THERE AND THEY ARE REAL NICE ABOUT IT, BUT I JUST WANT TO HAVE IN MY OWN HOUSE TO PARK MY VEHICLES UNDER WHEN IT STORMS OR THE WEATHER IS BAD.

IT IS GOING TO BE A WHOLE LOT NICER THAN THE PICTURE IS. I HAVE BEEN A CARPENTER FOR 20 YEARS PLUS SO IT'S GONNA BE -- IT WILL MAKE THE HOUSE LOOK NICER.

>> EXCUSE ME, WILL YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE.

>> CHRIS BLANCHETTE, 1833 JENNETTE. >> THANK YOU.

>> YES, MA'AM. >> THEY QUESTIONS FOR THE PROPONENT?

>> WOULD IT BE POSSIBLE TO PUT IT IN THE BACKYARD? >> NO, SIR.

>> WHY IS THAT? >> WELL, I HAVE A SIX-FOOT HIGH CONCRETE WALL FOR MY BACK FENCE FOR ONE, BUT I CAN'T TURN -- MY VEHICLES ARE TOO BIG TO TURN INTO THE ALLEY TO GO IN THE BACKYARD. THE DUMP TRUCKS BARELY GET BY WITHOUT SCRAPING THE TRASHCANS.

THERE IS JUST NO ROOM IN THE ALLEY FOR ME. >> THE VEHICLES THAT YOU PARK ON

THE GRASS, WHERE WOULD THEY GO THEN? >> WELL, I -- THE TRUCK AND THE TRAILERS ARE IN THE STREET RIGHT NOW IN THE PICTURE. MOST OF THE TIME I PARK IN FRONT OF THE MAILBOX. THE TRUCK IN THE GRASS, I WILL PUT THAT ON THE SIDE OF THE CARPORT AND MY WIFE WILL USE THE OTHER SIDE, UNLESS I JUST PUT THE LITTLE TRUCK SOMEWHERE ELSE AND PUT MY -- JUST WANT TO BE ABLE TO GET MY PERSONAL TRUCK AND MY WIFE'S TRUCK UNDER

SOMETHING. >> ANY OTHER QUESTIONS? THANK YOU, SIR.

>> THANK YOU. >> IF ANYONE IN ATTENDANCE IS IN FAVOR OF THE REQUEST THEY ARE ASKED TO MAKE COMMENT AT THIS POINT. ANYONE IN OPPOSITION?

[00:10:11]

>> SEEMS LIKE THE OTHER PERMITTED CARPORTS ARE A LOT FURTHER BACK THAN THIS ONE WOULD

BE. I DON'T KNOW ACTUAL DISTANCES. >> OH, IT IS THREE FEET.

>> THREE FEET WOULD BE THE ONLY DIFFERENCE IF THERE IS -- IF THERE IS A 15-FEET FROM.

>> THAT WAS THE QUESTION, PER SAY. >> MY ONLY CONCERN IS HAVING IT FURTHER OUT AND IT IS A VISUAL HAZARD, IF IT WOULD BE. SO MY CONCERN HAS BEEN

ADDRESSED. >> DOES THE OVERALL DESIGN HAVE ANYTHING TO DO WITH THIS SPECIAL EXSEFPGS -- SPECIAL EXCEPTION BECAUSE THE OTHER TWO WERE JUST A METAL ROOF AND SOME COLUMNS?

>> I THINK HE PHAOETSZ THE DESIGN REQUIREMENTS. THE ONLY THING THAT IS DIFFERENT IS IT WON'T BE -- IT IS DETACHED AND NOT ATTACHED TO HIS PROPERTY AND NOT ABUTTING HIS PROPERTY.

THAT'S THE DIFFERENCE BETWEEN THIS ONE AND THE OTHER ONE THAT'S ARE ON THE SAME STREET, IS MY UNDERSTANDING. HE IS WANTING IT TWO FEET AWAY AND OUR CODE REQUIRES IT TO BE EITHER ATTACHED OR ABUTTING. THAT'S ONE OF THE MAJOR DIFFERENCES.

HE IS SAW LOUED TO HAVE A -- HE IS ALLOWED TO HAVE A SPECIAL EXCEPTION TO BE CLOSE TO THE PROPERTY LINE, BUT HE WANTS IT RIGHT ON THE PROPERTY LINE, BUT THERE IS A RIGHT OF WAY FOR THE VISUAL. THAT'S THE MAJOR THING. HE IS ASKING FOR IT TO BE DETACHED AND CLOSER TO THE STREET IF I'M CLEAR ON THAT, IF THAT'S THE QUESTION.

>> YES. >> I THINK HIS MATERIALS AND EVERYTHING ELSE HE COMPLIES WITH

THE REQUIREMENTS. >> SO AM I CORRECT IN SAYING THAT THE REAL ISSUE IS ALLOWING THE CARPORT TO ACTUALLY COME TO THE PROPERTY LINE? IS THAT HOW YOUR -- YOU'RE

UNDERSTANDING -- >> THAT'S WHAT HE IS ASKING THE EXCEPTION FOR.

>> JUST TO BE CLEAR ON THAT RIGHT THERE. >> WHY TO THE PROPERTY LINE AND NOT -- WHY THE EXCEPTION? WHY NOT ATTACH IT TO THE HOUSE OR HAVE IT BUTT UP AGAINST IT.

>> I THINK THE STANDARD IS FIVE FEET FROM THE PROPERTY LINE, IS THAT RIGHT?

OR IS IT 15 FEET FROM THE CURB? >> THAT'S RIGHT. PROPERTY LINE -- [INAUDIBLE].

>> SO TRYING TO EXTEND IT WITHIN THAT FIVE FEET FROM THE PROPERTY LINE --

>> AWAY FROM THE HOUSE? >> I DON'T KNOW THE ANSWER TO THAT ONE.

>> OH, OKAY. >> THAT'S WHAT I WAFPBTED TO KNOW -- WANTED TO KNOW.

THANK YOU. >> ANY OTHER DISCUSSION OR COMMENTS OR QUESTIONS?

A MOTION AND A SECOND. >> I MOVE THAT THE SPECIAL EXCEPTION ALLOWING A DETACHED CARPORT WITHIN THE FRONT SETBACK 0 FEET FROM THE PROPERTY LINE BE APPROVED.

>> I WANT TO SECOND THAT, BUT EVERY TIME I TRY, THERE ALWAYS NEEDS TO BE MORE.

>> WE HAVE A MOTION AND A SECOND. >> MS. SALINGER.

>> YES. >> MR. BEERMANN? >> YES.

>> MR. THOMAS? >> YES. >> AND MR. LOVETT.

[00:15:07]

>> YES. >> AND THE MOTION CARRIES. >> ANY OEUR -- ANY OTHER BUSINESS? THEN THIS MEETING IS ADJOURN

* This transcript was compiled from uncorrected Closed Captioning.