2. BA-2023-11: (Tabled) Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Sergio Vazquez for a Variance to allow for a 3-foot setback (7 feet required) for an accessory building that is 14 feet tall located at 1460 Tanglewood Road. (Mason Teegardin)

[2. BA-2023-11: (Tabled) Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Sergio Vazquez for a Variance to allow for a 3-foot setback (7 feet required) for an accessory building that is 14 feet tall located at 1460 Tanglewood Road. (Mason Teegardin)]

>> AYE. >> AYE.

>> AYE. >> FIRST ITEM ON THE AGENDA IS BA-2023-11. WE HAVE A DISCUSSION THE PUBLIC HEARING AND TAKE ACTION ON THE REQUEST FOR A VARIANCE TO ALLOW THREE FOOT SETBACK 70 REQUIRED THAT IS 14 FEET TALL LOCATED AT

1460 TANGLEWOOD ROAD. >> HELLO. I AM A PLANNER FOR THE CITY. THE OWNER IS SERGIO VASQUEZ, AND THE QUESTION IS A VARIANCE FREE THREE FOOT SETBACK FOR A SEVEN FEET REQUIRED FOR A 14 FOOT TALL ACCESSORY BUILDING AT 1460 TANGLEWOOD. HERE, WE HAVE THE AREA LOCATION MAP. WE HAVE THE ZONING MAP. IT IS ON RS 12 WITH MEDIUM DENSITY TO THE WEST.

HERE, WE HAVE SOME SUBJECT PROPERTIES. THIS IS A SITE PLAN THAT WAS INCLUDED WITH THE APPLICATION THAT SHOWS THE SETBACKS. WE SENT OUT NOTIFICATIONS WITHIN A 200 FOOT BUFFER, AND WE RECEIVED FOR IN FAVOR AND ONE IN OPPOSITION.

STAFF REVIEWED THIS PURSUANT IN THE LAND DEVELOPMENT CODE, AND WE DEVELOPED THAT THERE APPEARS TO BE NO APPARENT HARDSHIPS PRESENT . PRESENTING THE REQUEST WOULD NOT BE CONTRARY TO THE PUBLIC, BECAUSE THE BUILDING IS LOCATED WITHIN PRIVATE PROPERTY, AND DOES NOT IMPOSE INTO THE NEIGHBORS PROPERTY. THE BUILDING IS NOT CONSISTENT WITH THE LAND DEVELOPING CODE, WHICH REQUIRES CERTAIN SEPARATION FOR TALLER BUILDINGS. TALLER BUILDING ATTACHED ACCESSORY STRUCTURES,

[00:05:04]

SORRY. THERE ARE NO. HARDSHIPS BECAUSE IT WAS GREETED BY THE APPLICANT. THIS IS TABLED ON JANUARY 9TH TO GIVE THE APPLICANT AN OPPORTUNITY TO DETERMINE IF THE HEIGHT OF THE SUBJECT ACCESSORY BUILDING COULD BE REDUCED. COULD BE REDUCED TO REDUCE THE SETBACK APARTMENT FOR THE BUILDING.

VARIANCE REQUEST WILL NOT BE AMENDED. I'LL BE HAPPY TO

ANSWER ANY QUESTIONS. >> AND YOUR MIDAS IS THERE ANY

REMARKS ON THE LEFT TURN? >> JUST THE OPPOSITION WAS THE SAME AS THE FIRST ONE, THAT WAS BUILT AFTER HOURS, THAT HE KNEW WHAT HE WAS DOING, AND THAT IT WAS THE NEIGHBOR.

>> ANY QUESTIONS AT THIS POINT? WILL THE PROPONENT PLEASE COME FORWARD TO THE MICROPHONE TO STATE YOUR NAME , AND WHAT YOU ARE REQUESTING THIS VARIANCE IN?

>> MY NAME IS SERGIO VASQUEZ. I AM THE OWNER OF THE PROPERTY.

LAST TIME I WAS HERE , I WAS GIVEN THE OPPORTUNITY TO LOWER THE BUILDING. I DID INQUIRE FOR SOME QUOTES FOR LOWERING IT. IT WAS SEVERAL THOUSAND DOLLARS. I DON'T KNOW HOW ELSE TO LOWER THAT STRUCTURE, BUT IT IS SEVERAL THOUSANDS TO REDO JUST THE TOP , SO I'M ASKING TO JUST KEEP THE STRUCTURE THE WAY IT IS . FINANCIALLY, IT IS PRETTY

PRICEY. >> DO WE HAVE ANY QUESTIONS?

AT THIS POINT? >> IS THERE A QUOTE THAT WAS

TURNED IN? >> YES.

>> I THOUGHT I READ IT. $5500?

>> YES. AND I SPENT $6000.00 ON THE STRUCTURE THERE.

>> I GUESS I HAVE NO FURTHER QUESTIONS.

>> THANK YOU, SIR. >> AT THIS TIME, THANK YOU.

ANYONE ELSE WANT TO SPEAK IN FAVOR OF THIS MOTION?

>> I AM WILSON WALLACE. THERE IS ONE HOUSE BETWEEN THE VELASQUEZ HOUSE AND MINE. I AM IN FAVOR OF IT. FOR ONE THING, IT CAN CREATE AN UNDUE HARDSHIP ON THE VASQUEZ TO MODIFY IT. THANK YOU BUILT AND IN GOOD FAITH. IT IS AESTHETICALLY PLEASING. IT LOOKS GOOD IN THE NEIGHBORHOOD.

IT IS WELL-BUILT . YOU KNOW, THE BACK AREA WITH FRENCHMAN'S CREEK AND ALL THAT , YOU KNOW, IT IS KIND OF COMMERCIAL AND IS IS STARTING TO GET ROUGH WITH CRIMINAL TRESPASSING AND STUFF.

IF YOU CAN SEE INTO THE ROAD, THE HEIGHT OF A KIND OF BLOCKS THE VIEW FROM THERE. YOU KNOW, THERE ARE SOME HOMELESS PEOPLE AND VAGRANTS WHO HAVE BEEN THERE. WITH THE CHILDREN IN THE NEIGHBORHOOD, THAT PROVIDES SOME VISUAL PROTECTION TO THE NEIGHBORHOOD. YOU KNOW, ANOTHER THING IS MY HOUSE, ALONG WITH OTHER ONES IN THE NEIGHBORHOOD , THEY WERE BOTH IN THE 50S. THEY DO NOT HAVE GARAGES, SO WAS A CHALLENGE TO THE GARAGE WITHIN THE FRAMEWORK OF THE LOTS. SO, YOU KNOW, I UNDERSTAND IT WAS PROBABLY CHALLENGING FOR SERGIO TO FIND A WAY TO BUILD IT TO FIT WITHIN THE SETBACKS. SO, I'M JUST IN FAVOR OF THE STRUCTURE. LIKE I SAID, IT LOOKS GOOD. IT IS GOOD-LOOKING, AND I THINK IT WILL INCREASE THE VALUE OF THEIR HOUSE . YOU KNOW, WHAT THEY SAID EARLIER, YOU KNOW, THIS IS PRIVATE PROPERTY RIGHTS , SO IT DOESN'T REALLY CREATE

HARDSHIPS ON OTHERS. >> DOES ANYONE HAVE ANY QUESTIONS? THANK YOU VERY MUCH.

>> THANK YOU. >> ANYONE WANT TO SPEAK IN OPPOSITION? I WILL CLOSE THE PUBLIC HEARING. REMINDER ON JUST A COUPLE OF THINGS THAT WILL BE A FACTOR IN OUR DECISION-MAKING.

[00:10:18]

SO, AT OUR MEETING LAST MONTH, WE WERE GIVEN AN OPTION . DO SOMETHING TO REMEDY THE SITUATION THAT HE PUT HIMSELF IN. OBVIOUSLY, THE ONLY OPTION IS FINANCIAL. THERE IS NOTHING WE SHOULD BE CONSIDERING AT THIS POINT.

>> THIS IS SOMETHING I'VE BEEN THINKING ABOUT SINCE LAST MEETING. THE ONLY WAY TO THINK ABOUT THIS IS AT THE THREE FEET , THAT PART OF THE BUILDING IS ONLINE FEET. SO, THE FIRST THREE FEET , THAT IS WITHIN THE LAND DEVELOPMENT CODE. SO THEN, IF YOU GO OUT TO THE REQUIRED, IS IT A 10 FOOT SETBACK I BELIEVE FROM 14 FEET? IT WAS JUST THE SEVEN? IF YOU GO OUT OF THE SEVEN, THEN I BELIEVE THE ROOF IS EITHER LOWER -- IT'S THINKING ABOUT WHERE THE ROOFLINE IS , IN THE HEIGHT BEING ADJACENT TO THE SETBACK. THE ROOFLINE IS A 14 FEET AT THE THREE FEET , IT IS AT, WAY, THE SEVEN FEET . I DO NOT KNOW THE OVERALL DIMENSIONS. 12 FEET IN? OKAY.

THANK YOU. SO, THAT WAS A THOUGHT I WAS THINKING ABOUT.

VIEWS , DOES THAT OFFSET CHANGE ANYTHING?

>> NO, IT DOESN'T. THE CODE IS PRETTY BLACK AND WHITE.

BUT, IT IS A REAL CONSIDERATION THAT YOU CAN TAKE INTO ACCOUNT LOOKING AT THIS. I MEAN, EVERYTHING SHE IS MENTIONED IN SPELLED OUT IS CORRECT. THE TOP OF THE PEAK IS AT A TIGHTS POINT. IT'S FURTHER AWAY FROM THE PROPERTY LINE NOW THAN WHERE IT WAS AT THE THREE FOOT SETBACK. SO, RIGHT AT THAT SETBACK LINE, IT IS COMPLIANT IN A WAY THAT IT BECOMES OUT OF COMPLIANCE . THAT IS SOMETHING YOU CAN TAKE INTO ACCOUNT, ET CETERA. BUT THE CODE IS VERY BLACK AND WHITE THAT THIS REQUIRES VARIANCE. AND BEFORE I FINISH, MAKE SURE WHEN YOU SPEAK , YOU'RE CLOSE TO THE MICROPHONE. I DON'T THINK WE HEARD EVERYTHING THAT YOU SAID BEFORE. YOU WERE TALKING KIND OF SIDEWAYS. THIS IS BEING RECORDED FOR POSTERITY, SO,

JUST A REMINDER. >> EXCELLENT POINT, THEN.

>> DOES IT MAKE A DIFFERENCE, COULD YOU REPHRASE IT WITH THE

12 FEET THAT HE MENTIONED? >> YES. SO, FROM THE PROPERTY LINE FENCE LINE, YOU PUT THREE FEET OUT, AND NINE FEET UP.

THAT IS CODE COMPLIANT. AND THEN, YOU ARE FORCED TO BE LIVE A 14 FOOT LINE IN THE CODE REQUIRES A SEVEN FOOT. WELL, IN REALITY, AS IT IS BUILT RIGHT NOW, WHEN YOU GO 12 FEET OUT, IT IS 14 FEET. WELL, IT IS COMPLIANT AS WELL , BECAUSE IT IS MORE THAN THE SEVEN FEET. IT DOES NOT GO ABOVE THE 14

FEET. >> ANY OTHER COMMENTS?

>> WELL, I AM NEW ON THE BOARD , SO I DID I HEAR ALL THE DISCUSSIONS THAT TOOK PLACE AT THE LAST MEETING. BUT I KNOW THAT BUILDING CODES OVER THE YEARS HAVE PROBABLY CHANGED OVER THE RESULT OF CONFIGURATION OF BUILDINGS. I KNOW WE HAVE A BUILDER IN THE ROOM . YOU KNOW, PROVES USED TO BE FLAT, BUT NOW THEY TO ANGLE MORE FOR ADDITIONAL STORAGE ROOM. I MEAN, I KNOW OUR HOUSE HAS A HUGE PEAK ON IT TO ALLOW FOR THAT. I DON'T KNOW IS THE CITY HAS LOOKED AT POSSIBLY UPGRADING SOME OF THEIR CODES WITH SOME OF THE CHANGES THAT

[00:15:01]

HAVE TAKEN PLACE , YOU KNOW, IN THE BUILDING INDUSTRY OVER THE LAST SEVERAL YEARS . AND I AGREE WITH WHAT YOU HAVE SAID .

YOU KNOW, IF YOU LOOK AT THE EDGE OF THE PROPERTY, HE IS IN COMPLIANCE, BUT AS YOU MOVE OUT TOWARDS THE MIDDLE OF THE GARAGE, THAT IS WHERE HE GETS OUT OF COMPLIANCE.

>> RAY. IT DOES SEEM TO ME THAT THE WORDING OF THE CODE, IN THIS CASE, PERHAPS LEADS US TO TAKE INTO ACCOUNT WHERE IT IS IN COMPLIANCE, BUT IT IS NOT IN COMPLIANCE.

>> YEAH. WE ARE STARTING THE OPENING OF THE LEAD VELTMAN CODE. IN THIS IS SERVICING SOMETHING THAT WILL BE EXPLORED AS WE GET INTO THE PROCESS. LIKE HE SAID , I THINK A GABLED ROOF, A LITTLE PITCH GIVES A BUILDING A LITTLE BIT MORE CHARACTER. JUST A FLATTOP ROOF, OR WILL THEY VERY LIMITED SLOPE ON IT, I THINK THAT IS SOMETHING WE COULD DEFINITELY CONSIDER MOVING FORWARD IN THE PROCESS OF THE LEAD VELTMAN

CODE. >> YEAH. IF YOU LOOK AT THE PICTURES OF THE PROPONENT PROVIDED BACK TO US FOR THIS SESSION, YOU KNOW, A LOT OF THE EXISTING DETACHED GARAGES IN THAT AREA ARE BACK TOWARDS THE CENTERLINE OF THE STRUCTURE.

THEY ARE NOT GABLED ROOFS LEAK USE ATTEMPTING TO BUILD.

I THINK IT IS DEFTLY SOMETHING THAT WE NEED TO TAKE INTO CONSIDERATION. I THINK IT IS A GREAT POINT. YOU KNOW, I THINK YOU HAVE INDIVIDUALS IN OUR AREA THAT AGREE WITH THE PROPONENT. I FEEL LIKE THIS IS A STRUCTURE THAT THE FAMILY NEEDS. AND IT WILL NOT BE AN EYESORE. IT COULD POTENTIALLY BRING VALUE TO THE NEIGHBORHOOD, AND MOST DEFINITELY HIS PROPERTY. IT IS GOING TO MAKE HIS LIFE A LITTLE BIT EASIER , AND APPARENTLY GIVE HIM SOME STORAGE ROOM AND SOME SPACE. SO, I THINK THIS IS DEFINITELY SOMETHING THAT WE

NEED TO CONSIDER. >> I AGREE.

>> OKAY. ANY OTHER DISCUSSION NEEDED? I WILL EVEN IN THE FORM OF A MOTION FOR GOOD LOOKS?

>> I WOULD LIKE TO MAKE A MOTION TO APPROVE THE APPLICANT VARIANCE BASED ON, I WILL NEED HELP WITH THIS , IT PROVIDES SECURITY, AND IMPROVES THE NEIGHBORHOOD , AND I BELIEVE IT IS CONSISTENT WITH THE INTENTIONS OF THE LAND DEVELOPMENT CODE . YEAH. I'M TRYING TO ANSWER THESE FOUR

QUESTIONS. >> YEP.

PARTIALLY BY THE PETITIONER. >>

] >> YEAH. DEFINITELY. BUT BASED ON, THANK YOU, -- THIS IS WHY I DON'T DO THIS VERY MUCH.

>> IT IS HARD. >> WHICH ONE ARE YOU ON?

>> DAILY ANSWER TO AND A HALF FOR THEM. THE LAST ONE.

>> THE HARDSHIP? >> YEAH.

>> EVEN THOUGH THERE ARE NO APPARENT HARDSHIPS, THE VARIANCE WAS CREATED WITH THE APPLICANT. HE MOVED TO THE VARIANCE TO ALLOW A THREE FOOT SETBACK ACCESSORY DOME THAT IS

[00:20:01]

14 FEET TALL AT 1460 TANGLEWOOD ROAD. SOMETHING

LIKE THAT. >> COPY WHAT YOU JUST SAID.

>> MAKE A JOINT MOTION. >> I SECOND THAT.

>> WE HAVE A MOTION TO APPRVE. MR. ZIENTEK?

>> I MAKE A MOTION TO APPROVE.

>> MS. ELLINGER? >> YES.

>> MR. LOUDERMILK? >> YES.

>> MS. SPARKS? >> YES.

>> IN THE MOTION TO APPROVE CARRIES.

[3. BA-2024-02: (Tabled) Receive a Report, Hold a Discussion and Public Hearing, and Take Action on a request from Jana Dover for a 1’ variance from the 7’ maximum fence height indicated in the LDC on the rear fence located at 2918 Arlington Avenue (Kiley Hannah)]

>> OKAY. WE ARE HAPPY FOR YOU. NEXT ITEM ON THE AGENDA IS BA-2024-02. WE RECEIVE A REPORT , AND TAKE ACTION ON A REQUEST FROM GINA DOVER FOR A ONE FOOT VARIANCE FROM THE SEVEN FOOT MAXIMUM FENCE HEIGHT INDICATED ON THE LDC ON THE REAR FENCE LOCATED ON 2918 ARLINGTON AVENUE.

>> HI, I AM KYLIE HANNAH, AND I AM HERE ON CASE BA-2024-02.

THIS IS A VARIANCE TO ALLOW AN EIGHT FOOT FENCE WERE SEVEN FEET IS PERMITTED , LOCATED AT 2918, ARLINGTON AVENUE. THE APPLICANT REQUESTED ON JANUARY 9TH, 2024 THAT THE CASE BE

WITHDRAWN. >> I MAKE A MOTION TO WITHDRAW

THE CASE. >> I SECOND THAT.

>> ALL IN FAVOR? >>

>> ALYSSA IS NOT HERE. >> LOOK WHO IS TALKING.

>> AYE. >> AYE.

>> AYE. >> AND THE MOTION CARRIES. I

THINK THAT IS IT. >> WILL THE PROPONENT PLEASE

COME FORWARD? I'M SORRY? >> THEY WITHDREW IT.

>> ARE THEY HERE? >> YES. THEY WITHDREW IT.