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[1.  Call to Order]

[00:00:02]

1 >>> I SHOW 8:30.

2 WE'LL CALL THE MEETING TO ORDER.

3 FIRST ITEM OF BUSINESS IS APPROVAL OF MINUTES FROM PREVIOUS MEETING.

[2.  Minutes]

4 HAS EVERYONE HAD A CHANCE TO LOOK THOSE OVER?

5 >> WE APPROVE.

6 >> SECOND.

7 >> CHAIRMAN HAY: ALL THOSE IN FAVOR? 8 9 BOARD OF ADJUSTMENTS HAS FIVE MEMBERS, FOUR OF WHICH MUST BE PRESENT AT EACH 10 MEETING.

11 FOUR FAVORABLE VOTES ARE REQUIRED TO PROVE ANY REQUEST UNDER 12 CONSIDERATION.

13 IF A SPECIAL EXCEPTION OR VARIANCE IS GRANTED BY THIS BOARD, THE APPLICANT HAS 14 180 DAYS FROM THIS DATE TO OBTAIN A BUILDING PERMIT.

15 IF ONE IS REQUIRED.

16 A LONGER TIME WILL BE CONSIDERED BY THIS BOARD IF REQUESTED BY THE APPLICANT 17 AT THIS HEARING.

18 IF BUILDING PERMIT MAY BE APPLIED FOR THE DAY THE REQUEST IS APPROVED AFTER 19 THE MEETING HAS ADJOURNED.

20 IF THE REQUEST IS DENIED, IT MAY NOT BE RECONSIDERED BY THIS BOARD UNTIL 12 MONTHS 21 FROM THIS DATE.

22 APPEALS FROM THE DECISIONS OF THIS BOARD MAY BE MADE TO A COURT OF RECORD.

23 IN THIS CASE THE DISTRICT COURT WITHIN TEN DAYS FROM THIS DATE.

24 WE NEED TO SWEAR IN ALL THOSE THAT WILL BE COMING AND PRESENTING TODAY.

25 SO IF YOU ARE IN THE AUDIENCE AND YOU PLAN ON COMING FORWARD TO SPEAK TO 26 A CASE THIS MORNING, IF YOU WOULD, RAISE YOUR RIGHT HAND.

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

28 >> YES.

29 >> CHAIRMAN HAY: WE DO HAVE THE FIRST ITEM IS AN ITEM TABLED BY A PREVIOUS

[a.  BA-2019-03 (Tabled at March Meeting) A public hearing to consider a request from Agent, Lee Maldonado, for the Homeowner, Lance Davenport II, for a Special Exception to locate a carport in the front building setback in Residential Single-Family (RS-6) zoning; Legal descriptions being LOT 7, BLOCK 11, out of I S GATHRIGHT, in City of Abilene, Taylor County, Texas and located at 3125 Meander Street]

30 MEETING.

31 I'LL ENTERTAIN A MOTION TO REMOVE THAT FROM THE TABLE.

32 >> I MOVE WE UNTABLE THE ITEM.

33 >> SECOND.

34 >> CHAIRMAN HAY: ALL THOSE IN FAVOR? 35 36 THAT ITEM IS BA-2019-03.

37 A PUBLIC HEARING TO CONSIDER A REQUEST FROM AGENT LEE MALDONADO FOR THE HOME 38 OWNER LANCE DAVENPORT THE SECOND WITH A SPECIAL LOCATION TO LOCATE A 39 CARPORT IN THE FRONT BUILDING SETBACK AND RESIDENTIAL LEGAL 40 DESCRIPTION BEING LOT 7, BLOCK 11, OUT OF IS GATHRIGHT IN THE CITY OF 41 ABILENE, TAYLOR COUNTY, TEXAS, LOCATED AT 2125 MEANDER STREET.

42 JAMES?

43 >> GOOD MORNING.

44 JAMES PRESCOTT.

45 PLANNING AND ZONING STAFF.

46 CITY OF ABILENE.

47 THIS IS A SLIGHT SHOW FOR BA-2019-03, 3125 LEANDER STREET.

48 LEE MALDONADO ON BEHALF OF LANCE DAVENPORT IS SEEKING A SPECIAL EXCEPTION TO 49 ALLOW A METAL CARPORT IN THE YARD OF RS6 ZONING.

50 THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO CONSTRUCT A 20 BY 20 FRONT 51 METAL CARPORT EXTENDING FROM THE FRONT OF THE RESIDENCE.

52 THE CARPORT WOULD BE 17 FEET FROM THE CURB.

53 THE PARKWAY ON MEANDER STREET IS 12 FEET.

54 THE BOARD OF ADJUSTMENTS HAS THE AUTHORITY TO GRANT A SPECIAL EXCEPTION FOR A 55 CARPORT UP TO 5 FEET FROM THE PROPERTY LINE.

56 HERE WE SEE THE NOTIFICATION MAP.

57 WE DID RECEIVE A TOTAL OF SIX IN RESPONSE.

58 FIVE WERE IN FAVOR.

59 ONE WAS IN OPPOSITION.

60 ON THE CARPORT MAP, WE DO SEE THERE IS ONE CARPORT IN THE NEIGHBORHOOD.

61 THE TOP LEFT WOULD BE LOOKING AT IT FROM AN ANGLE VIEW AND THE BOTTOM RIGHT 62 WOULD BE LOOKING AT IT STRAIGHT ON.

63 THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO CONSTRUCT A 20-FOOT IN 64 LENGTH BY 20-FOOT WIDE METAL CARPORT FROM THE FRONT OF THE RESIDENCE.

65 THE CARPORT WOULD BE AT LEAST SEVEN FEET FROM THE NORTH SIDE PROPERTY LINE 66 AND AT LEAST 17 FEET FROM THE CURB ON MEANDER STREET.

67 THE PARKWAY WIDTH ON MEANDER STREET IS 12 FEET.

68 ADDITIONALLY THE PROPOSED CARPORT IS NOT MADE OF SIMILAR 69 PRINCIPLES -- MATERIALS AS THE PRINCIPLE STRUCTURE SO IT MUST BE BROUGHT FORWARD 70 TO THE BOARD OF ADJUSTMENTS PER THE LAND DEVELOPMENT CODE.

71 THE BOARD OF ADJUSTMENTS HAS THE AUTHORITY TO GRANT A SPECIAL EXCEPTION FOR A 72 FRONT CARPORT UP TO FIVE FEET FROM THE FRONT PROPERTY LINE.

73 THE PROPOSED CARPORT MEETS THE MINIMUM FIVE FEET BUILDING SETBACK THE BOARD 74 OF ADJUSTMENT HAS THE AUTHORITY TO APPROVE.

75 STAFF RECOMMENDATION HERE IS FOR APPROVAL AND AT THIS TIME I WOULD ANSWER ANY

[00:05:04]

76 QUESTIONS THAT YOU MIGHT HAVE.

77 >> WHAT WAS THE REASON IN THE OPPOSITION LETTER?

78 >> LET ME LOOK HERE.

79 THE LETTER SAYS THEY HAVE FOUR AUTOS PARKED IN THEIR DRIVE.

80 ONLY TWO ARE DRIVERS.

81 IF THEY GET A CARPORT, JUNK WILL BE STORED ON IT MAKING A MESS AND LOWER OUR 82 PROPERTY VALUE.

83 >> THANK YOU.

84 >> WOULD YOU GO BACK TO THE RESPONSE SLIDE?

85 >> YES, I WAS WONDERING WHERE THAT PERSON THAT RESPONDED NEGATIVELY IS IN 86 RELATION TO THE LOT THAT YOU SHOW WITH THE CARPORT.

87 >> SO THE CARPORT -- OH, I'M SORRY.

88 >> LOOKS LIKE THE OPPOSITION WAS ONE SOUTH OF ONE THAT HAS A CARPORT.

89 >> ANY QUESTIONS FOR JAMES? 90 THANK YOU, JAMES.

91 AT THIS POINT I'LL OPEN THE PUBLIC HEARING.

92 WOULD THE PROPONENT PLEASE COME FORWARD, STATE YOUR NAME AND ADDRESS AND REASON 93 FOR THE REQUEST.

94 >> MY NAME IS LEE MALDONADO.

95 I'M AT 4740 EAST TRAIL.

96 AND JUST WANT TO GET THE REQUEST FOR THE CUSTOMER FOR APPROVAL.

97 >> CHAIRMAN HAY: ANY QUESTIONS FOR MR. LEE MALDONADO?

98 >> WHO IS CONSTRUCTING THE -- >> I AM.

99 >> YOU'RE DOING IT YOURSELF.

100 >> YES, SIR.

101 >> JUST CLARIFY FOR ME YOU'RE A CONTRACTOR.

102 >> (INAUDIBLE) CONCRETE.

103 CONSTRUCTION AND EVERYTHING METAL.

104 METAL POST AND METAL SHEETS.

105 >> CHAIRMAN HAY: OKAY.

106 YOU'VE DONE A FEW OF THESE BEFORE, HAVE YOU?

107 >> YES, SIR.

108 >> DO YOU KNOW THE REASON THEY WANT THE CARPORT?

109 >> WELL, HE IS WORRIED ABOUT THE HAIL DAMAGE AND THEY WANT TO PROTECT THEIR 110 VEHICLES.

111 >> THE PERSON THAT WAS CONCERNED ABOUT HIM HAVING A CARPORT, THAT HE'LL STORE 112 JUNK UNDERNEATH IT AND MAKE AN UNSIGHTLY APPEARANCE TO THAT, DO YOU HAVE ANY 113 KNOWLEDGE OF THAT?

114 >> AS WAS -- I WENT OVER THERE AND THE YARD LOOKED CLEAN THE WHOLE TIME.

115 >> PICTURE LOOKED LIKE IT, YEAH.

116 >> WE HAVE A SEPARATE ORDINANCE THROUGH COMMUNITY ENHANCEMENT THAT WILL DEAL 117 WITH THAT IF IT BECOMES UNSIGHTLY.

118 >> THANK YOU.

119 ANY OTHER QUESTIONS? 120 THANK YOU, SIR.

121 ANYONE ELSE TO SPEAK IN FAVOR? 122 ANYONE ELSE TO SPEAK IN OPPOSITION? 123 SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING.

124 DISCUSSION?

125 >> I HAVE ANOTHER QUESTION FOR JAMES.

126 WHAT'S THE GENERAL -- IF THERE IS A TREND IN THE OTHER FIVE THAT WERE IN 127 FAVOR OF THE CARPORT, WHAT WOULD -- ANY FEELINGS EXPRESSED ON THAT?

128 >> I DON'T BELIEVE WE SAW ANY COMMENTS OTHER THAN THEY WERE JUST IN FAVOR OF 129 IT.

130 >> JUST IN FAVOR.

131 THANK YOU.

132 >> CHAIRMAN HAY: ANY OTHER DISCUSSION?

133 >> THE ONE IS RIGHT AROUND THEM WERE IN FAVOR OF IT.

134 >> CHAIRMAN HAY: NO DISCUSSION, I'LL ENTERTAIN A MOTION.

135 >> I MOVE WE APPROVE THE FINDINGS IN THE STAFF REPORT BASED UPON -- 136 GOOD MORNING.

137 I MOVE WE APPROVE BASED ON THE FINDINGS IN THE STAFF REPORT.

138 >> SECOND.

139 >> WE HAVE A MOTION FOR APPROVAL.

140 >> MR. HUBER: YES.

141 >> MR. LANGHOLTZ: YES.

142 >> MR. ODLE: YES.

143 >> MR. BEERMANN: YES.

144 >> CHAIRMAN HAY: YES.

145 >> THE MOTION TO APPROVE CARRIES.

146 >>> THE NEXT ITEM IS BA-2019-08.

[b.  BA-2019-08 A public hearing to consider a request from the Homeowner, Stacie Turnbow, for a Special Exception to locate a carport in the front building setback in Residential Single-Family (RS-6) zoning; Legal descriptions being LOT 2, BLOCK 5, out of THORNTON HEIGHTS, in City of Abilene, Taylor County, Texas and located at 2517 S. 39th Street]

147 PUBLIC HEARING TO CONSIDER A REQUEST FROM THE HOME OWNER, STACIE TURNBOW, FOR 148 A SPECIAL EXCEPTION TO LOCATE A CARPORT IN THE FRONT BUILDING SETBACK IN 149 RESIDENTIAL SINGLE FAMILY RS-6 ZONING.

150 LEGAL DESCRIPTION BEING LOT 2, BLOCK 5 OUT OF THORNTON HEIGHTS IN THE CITY OF

[00:10:02]

151 ABILENE, TAYLOR COUNTY, TEXAS, AT 2517 SOUTH 39TH STREET.

152 >> THIS IS A SLIDESHOW FOR BA-2019-08.

153 HOME OWNER STACIE TURNBOW IS SEEKING A SPECIAL EXCEPTION TO ALLOW A METAL CARPORT IN 154 THE FRONT YARD IN RESIDENTIAL SINGLE-FAMILY RS-6 ZONING.

155 THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO CONSTRUCT A 20 FOOT LONG BY 156 20 FOOT WIDE CARPORT IN FRONT OF THE RESIDENCE.

157 THE CARPORT WOULD BE 17 FEET FROM THE CURB OF SOUTH 39TH STREET.

158 THE PARKWAY WIDTH ON SOUTH 39TH IS 12 FEET.

159 THE BOARD OF ADJUSTMENT THAT THE AUTHORITY TO GRANT A SPECIAL EXCEPTION FOR A 160 FRONT CARPORT UP TO FIVE FEET FROM THE PROPERTY LINE.

161 HERE IS OUR NOTIFICATION MAP.

162 SEE WE HAD EIGHT IN RESPONSE.

163 ALL IN FAVOR.

164 NONE IN OPPOSITION.

165 HERE IS OUR AERIAL MAP.

166 HERE IS OUR CARPORT MAP.

167 SEE A TOTAL OF FOUR CARPORTS IN THE NEIGHBORHOOD.

168 HERE IS OUR TWO PHOTOOGRAPHS OF THE PROURP -- PHOTOGRAPHS OF THE 169 PROPERTY WE HAVE OUT HERE.

170 TOP LEFT IS JUST A FRONT-ON SHOT.

171 AND THEN THE BOTTOM RIGHT WOULD BE LOOKING AT IT TO THE SOUTHWEST.

172 >> IS THAT TREE GOING TO BE A PROBLEM?

173 >> THE HOMEOWNER'S HERE, WE CAN PROBABLY DISCUSS THAT WITH HIM BUT THEY MIGHT 174 HAVE TO REMOVE A BRANCH OR TWO.

175 THE HOMEOWNER IS HERE AND HE CAN PROBABLY DISCUSS THAT MORE IN DEPTH.

176 THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO CONSTRUCT A 20 FEET IN 177 LENGTH BY 20 FEET IN WIDTH METAL CARPORT EXTENDED FROM THE FRONT OF THE RESIDENCE.

178 THE CARPORT WOULD BE AT LEAST THREE FEET FROM THE WEST SIDE PROPERTY LINE AND 179 17 FEET FROM THE CURB ON SOUTH 39TH.

180 THE PARKWAY WIDTH ON SOUTH 39TH IS 12 FEET.

181 THE PROPOSED CARPORT IS NOT MADE OF SINGLE MATERIALS AS A PRINCIPLE STRUCTURE SO 182 THE CARPORT MUST BE BROUGHT BEFORE THE BOARD OF ADJUSTMENT FOR A SPECIAL 183 SECTION OF THE LAND DEVELOPMENT CODE.

184 THE BOARD OF ADJUSTMENT HAS THE AUTHORITY TO GRANT A SPECIAL EXCEPTION FOR FRONT 185 CARPORT UP TO FIVE FEET FROM THE FRONT PROPERTY LINE.

186 THEREFORE, THE PROPOSED CARPORT MEETS THE MINIMUM FIVE FEET FROM THE BUILDING 187 SETBACK FROM THE FRONT PROPERTY LINE THAT THE BOARD OF ADJUSTMENT HAS 188 AUTHORITY TO APPROVAL.

189 STAFF RECOMMENDS APPROVAL AND AT THIS TIME I'D ANSWER ANY QUESTIONS THAT YOU 190 MIGHT HAVE.

191 >> JUST TO RECONFIRM, THE MEASUREMENT FROM THE SETBACK IS BASED ON THE 192 FRONT -- THE FACE OF THE CURB? 193 IS THAT CORRECT?

194 >> YES.

195 >> SO THE COMMENT IN -- ON THE APPLICATION IS STILL THE 17 FEET.

196 >> YES, SIR.

197 >> INSTEAD OF THE 16.5 THAT YOU MENTIONED.

198 >> YES.

199 >> OKAY.

200 THANK YOU.

201 >> CHAIRMAN HAY: QUESTIONS FOR JAMES? 202 THANK YOU, SIR.

203 AT THIS POINT I'LL OPEN THE PUBLIC HEARING.

204 WOULD THE PROPONENT PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS AND REASON 205 FOR THE REQUEST?

206 >> JOHN SOLICE HERE FOR STACIE TURNBOW.

207 SHE IS MY COMMON LAW WIFE.

208 IT'S AT 2517 SOUTH 39TH.

209 >> CHAIRMAN HAY: GREAT.

210 TELL US A LITTLE BIT ABOUT YOUR PROJECT OR HIRER A CONTRACTOR -- HIRING A 211 CONTRACTOR OR ARE YOU DOING IT?

212 >> CONTRACTOR.

213 MY WIFE KNOWS HIM.

214 I HAVEN'T TALKED TO HIM PERSONALLY.

215 WHEN HE WAS THERE, I WAS AT WORK.

216 I DON'T KNOW IF THAT BRANCH IS GOING TO BE A PROBLEM OR NOT.

217 I HAVEN'T ASKED ABOUT THAT.

218 BUT SO FAR I DON'T THINK SO.

219 I HAVEN'T HEARD ANYTHING ABOUT THAT BRANCH.

220 AND IF YOU NOTICE ON THE PICTURE, THERE IS A -- A RUG ON THE -- WE WERE GETTING 221 THE CARPET CHANGED IN ONE OF THE ROOMS SO WE DON'T HAVE STUFF JUST LAYING 222 AROUND THERE.

223 224 YOU SEE THE OLD RUG MAT THERE.

225 AND ANYWAY.

226 WE'RE GETTING THE CARPET CHANGED OUT THAT DAY.

227 WHAT A DAY TO HAVE A PICTURE TAKEN.

228 >>

229 >> NO.

230 I CAN'T BELIEVE IT WHEN I SAW THAT.

231 I THOUGHT, ARE YOU KIDDING ME?

232 >> CONTRACTOR YOU'RE HAVING DONE, THE CARPORT BUILDING KIND OF CONTRACTOR? 233 HE'S DONE THEM?

234 >> I BELIEVE SO.

235 >> MAKE SURE HE GETS THE PERMITS AND ALL THAT AND SAVE YOURSELF A LOT OF 236 TROUBLE.

237 >> OKAY.

238 WE'LL TALK ABOUT THAT.

239 MY WIFE WORKS AT HENDRICK AND SHE'S GOT THESE ODD HOURS.

[00:15:03]

240 SO SHE IS SLEEPING RIGHT NOW.

241 THAT'S WHY SHE IS NOT HERE.

242 >> LUCKY HER.

243 >> THE REASON HE MENTIONS THAT IS OCCASIONALLY WE GET CARPORTS THAT ARE ALREADY 244 BUILT AND THE CONTRACTOR DIDN'T MENTION ANYTHING ABOUT PERMITS.

245 SO IT'S IMPORTANT.

246 >> CHAIRMAN HAY: ANY OTHER QUESTIONS FOR THE APPLICANT? 247 THANK YOU, SIR.

248 >> THANK YOU.

249 >> CHAIRMAN HAY: ANYONE ELSE TO SPEAK IN FAVOR? 250 ANYONE TO SPEAK IN OPPOSITION? 251 SEEING NONE, WE'LL CLOSE THE PUBLIC HEARING.

252 DISCUSSION?

253 >> I MOVE WE APPROVE THE SPECIAL EXCEPTION BASED ON THE FINDINGS IN THE STAFF 254 REPORT.

255 >> I'LL SECOND THAT.

256 >> WE HAVE A MOTION FOR APPROVAL.

257 MR. HUBER?

258 >> MR. HUBER: YES.

259 >> MR. LANGHOLTZ: YES.

260 >> MR. BEERMANN: YES.

261 >> MR. ODLE: YES.

262 >> CHAIRMAN HAY: YES.

263 >> THE MOTION TO APPROVE CARRIES.

264 >>> WELL, WE ADJOURN.

[4.  Adjournment]

265 THAT CONCLUDES -- >> THANK YOU.

266 WE ARE ADJOURNED.

267 SAY AYE. 268 00:16:14,440

* This transcript was compiled from uncorrected Closed Captioning.