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[Minutes]

[00:00:05]

>> WITH THAT CORRECTION, ADDED TO THE STAFF PRESENT, I'LL ENTERTAIN THE MOTION TO APPROVE

THE MINUTES. >> I MOVE. SECOND.

>> ALL THOSE IN FAVOR. >> AYE. >> BOARD OF ADJUSTMENTS HAS FIVE MEMBERS, FOUR OF WHICH MUST BE PRESENT AT EACH MEMBER. FOUR FAVORABLE VOTES ARE REQUIRED TO APPROVE ANY REQUESTS UNDER CONSIDERATION. IF A SPECIAL EXCEPTION OR VARIANCE IS GRANTED BY THIS BOARD, THE APPLICANT HAS 180 DAYS FROM THIS DATE TO OBTAIN A BUILDING PERMIT IF ONE IS REQUIRED. A LONGER PERIOD OF TIME WILL BE CONSIDERED BY THIS BOARD IF REQUESTED BY THE APPLICANT AT THIS HEARING.

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 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 TEN DAYS FROM THIS DATE.

IF YOU'RE GOING TO BE PRESENTING TODAY OR COMING TO THE PODIUM, WE NEED TO SWEAR YOU IN. SO IF YOU WOULD, IF YOU IN THE AUDIENCE AND YOU'RE GOING TO COME TO THE PODIUM TO PRESENT A CASE, IF YOU WOULD PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU. NEW BUSINESS. FIRST AND ONLY ITEM IS

[1. BA-2020-Ol: A request from Manuel Soto for a variance from minimum lot width for Residential Single-Family District 6 (RS-6); Legal description being NORTH PARK ADDITION OF JAMES, Block 26, Lot E69 W854 S193 II AC TR. located at 20206 Anson Avenue, Abilene]

BA-2020-1, REQUEST FOR MANUAL SOTO FOR A VARIANCE FROM MINIMUM LOT WIDTH FOR RESIDENTIAL SINGLE FAMILY R-6 LEGAL DESCRIPTION BEING NORTH PARK ADDITION OF JAMES, BLOCK 26, LOT E69 WEST 854 SOUTH 19311 ACRE TRACT LOCATED AT 20206 ANSON AVENUE IN ABILENE.

>> GOOD MORNING, GENTLEMEN. MY NAME IS NICK WATSON, I SERVE AS A PLANNER FOR THE CITY'S

PLANNING AND DEVELOPMENT STAFF. >> THANK YOU, NICK. >> AS YOU STATED, THIS IS THE HE APPLICANT IS MANUEL AND THE REQUEST IS FOR AN APPROVAL OF A 5.65 FOOT VARIANCE FROM THE MINIMUM 60 FOOT LOT WIDTH FOR RESIDENTIAL SINGLE FAMILY DISTRICT 6. LOCATION 2026 ANSON AVENUE. WE HAVE RECEIVED ONE IN FAVOR

AND ZERO OPPOSED FOR NOTIFICATIONS. >> THIS IS AN AERIAL LOCATION MAP OF THE LOT. YOU CAN SEE IT HIGHLIGHTED AND STRIPED IN YELLOW.

THIS IS THE ZONING MAP SHOWING THAT IT IS THE MAJORITY OF THE AREA IS RESIDENTIAL SINGLE FAMILY R6. AND THERE IS A COLLECTOR STREET ANSON AVENUE.

DO NOTE THAT THIS IS IN THE NEIGHBORHOOD IMPROVEMENT ZONE, OR NEIGHBORHOOD IMPROVEMENT ZONE. R6 LOTS HAVE A MINIMUM LOT WIDTH WILL 60 FEET.

PRIOR TO 1974, RESIDENTIAL SINGLE FAMILY DISTRICT 6 LOTS WERE ONLY REQUIRED TO HAVE LOT WIDTHS OF 50 FEET IN LOT DEPTH OF 100 FEET. MAJORITY OF THE LOT THAT SURROUND 2026 ANSON AVENUE HAVE SIMILAR LOT DIMENSIONS. THIS LOT IS CURRENTLY NON-CONFORMING AND HAS NOT BEEN PREVIOUSLY PLATTED. THIS WAS A LAND SURVEY THAT WAS PERFORMED FOR MR. SOTO, AS YOU CAN SEE THE LOT. THE STAFF WENT OUT THERE AND TOOK SEVERAL PHOTOS OF THE SUBJECT PROPERTY. ON THE TOP LEFT IS A VIEW OF THE SUBJECT PROPERTY. AS WELL AS THE MIDDLE. THE PROPERTY TO THE WEST IS IN THE BOTTOM LEFT. AND DO NOTE THAT THE PROPERTY TO THE EAST, IN THE TOP RIGHT HAND CORNER IS ACTUALLY IN DEMOLITION PROCESS CURRENTLY. THE NEIGHBORS AT THE SOUTH IS

IN THE BOTTOM RIGHT CORNER AS WELL. >> STAFF PREPARED NOTIFICATION LETTERS ABOUT THIS BA CASE AND SENT OUT WITHIN A 200-FOOT BUFFER.

WE RECEIVED ONE IN FAVOR AND THAT IS THE LOT DIRECTLY TO THE WEST AND ZERO OPPOSED.

[00:05:10]

CITY STAFF HAS FOUND THAT SEVERAL LOTS TO THE EAST AND WEST HAVE SIMILAR LOT WIDTHS AND THAT THIS LOT IS MERELY A REMNANT BETWEEN TWO EXISTING AND DEVELOPED LOTS.

WITHOUT A VARIANCE, THIS LOT REMNANT COULD NOT BE DEVELOPED AND WOULD REMAIN AN UNUSABLE LOT. REVIEW PURSUANT TO DEVELOPMENT STANDARDS OF LAND DEVELOPMENT CODE SECTION 2.3.2.5 AND SECTION 1.4.4.2 LAND DEVELOPMENT CODE OF THE CRITERIA FOR APPROVAL, WE BELIEVE THAT THE STAFF FINDS THAT THIS LOT HAS COMPETITION CIRCUMSTANCES OR CONDITIONS ARISING FROM PHYSICAL SURROUNDINGS OF THE LOTS.

AND STAFF ACTUALLY RECOMMENDS APPROVAL FOR THIS VARIANCE. I WOULD BE HAPPY TO ANSWER ANY

QUESTIONS THAT YOU GUYS MAY HAVE. >> SO AS FAR AS THAT NORTH PARK

AREA, THAT WAS PLATTED PRIOR TO '74? >> CORRECT.

YES. >> OKAY. >> FROM OUR RECORDS, IT'S

SOMEWHERE IN THE 1960S. >> YEAH. SO THIS IS JUST A REMNANT OF

THAT. >> CORRECT. >> YEAH.

>> IT WAS PLATTED ALL AS ONE LARGE BLOCK, AND THEN JUST CUT UP BY MEETS AND BOUNDS OVER

TIME. >> OKAY. THEY JUST CARVED AT IT

BASICALLY. >> YEAH. >> THE WAY THIS SLIDE DEPICTS, IT LOOKS LIKE THERE IS A SLIVER THERE ON THE EAST SIDE OF THE LOT THAT IS CUT OFF.

IT KIND OF LOOKS THAT IN THE AERIAL TOO. THAT THERE IS SOMETHING THERE.

>> RIGHT THERE? >> YES. >> AM I NOT CORRECT?

IS IT ACTUALLY PART OF THAT LOT TO THE EAST? >> FROM WHAT WE SHOW, THAT THIS PROPERTY IS ACTUALLY, LOT ACTUALLY IS ABOUT TWO FEET OVER ON THE WEST SIDE PROPERTY.

>> AS FAR AS THE SLIVER IS CONCERNED, I THINK IT'S JUST AN ERROR IN THE GIS MAPPING

SYSTEM. >> YES. >> OKAY.

>> THAT IS TO THE WEST. THE EAST, THAT IS THE NARROW STRIP OF LAND ON THE EAST SIDE?

>> THAT WAS THE SLIVER I WAS SPEAKING OF. I THINK THAT IS AN ERROR IN THE DRAWING OF THE GIS MAP. THAT SLIVER IS PART OF THE HOUSE THAT YOU SEE THERE.

>> THE LOT TO THE EAST. >> CORRECT. >> AND SO IT'S THE SAME TYPE OF THING, WITH THE PROPERTY LINE ON THE WEST? IT SEEMS TO ENCROACH ON THE

OTHER LOT? >> IT APPEARS THE NEIGHBORING PROPERTY TO THE WEST HAS ENCROACHED ON TO MR. SOTO'S LOT. HE IS SEEKING THE VARIANCE FIRST, IF APPROVED, HE WOULD THEN PLAT IT AND THEN ADDRESS THAT ISSUE AT THAT TIME.

>> YEAH. OKAY. >> BUT I THINK YOU'RE REFERENCING 2034, THE ONE NEXT TO IT IT. THAT STRUCTURE, IT LOOKS LIKE

IT IS ACROSS THE PROPERTY LINE. >> THE TITLE SURVEY INDICATES THAT AS WELL.

THERE IS ACTUALLY TWO STRUCTURES ACROSS THE PROPERTY LINE.

WHEN WE MET WITH MR. SOTO, HE WILL ADDRESS THOSE ISSUES AT THE TIME OF PLATTING.

>> DEMOLITION OF THE PROPERTY TO THE EAST, WILL THAT INCLUDE CLEARING OUT THAT STRIP OF

LAND? >> WELL, THAT STRIP OF LAND IS JUST AN ERROR.

SO IT'S ALL ACTUALLY ONE 50-FOOT WIDE LOT AS WELL. YES.

THEY WILL CLEAR IT AND GRADE IT. >> IT'S REALLY NOT THAT UNCOMMON IN AN AREA THAT WAS DEVELOPED BY CUTTING OUT TRACTS WITH MEETS AND BOUNDS.

>> IN THIS AREA, IT WAS -- YEAH. THERE IS A LOT.

>> ANY OTHER QUESTIONS FOR NICK? >> GO BACK TO THE PHOTO.

ALL THE ZONING IS STILL R6, RIGHT? >> CORRECT.

>> THANK YOU. >> SO OTHERWISE, AS FAR AS THIS CASE TODAY, IF NON-APPROVED,

BASICALLY I THINK YOU STATED THIS LOT IS NOT DEVELOPABLE? >> CORRECT.

>> SO IN ORDER TO KIND OF FILL IN SOME OF THAT, IT'S THE BEST SOLUTION, IS THAT?

[00:10:03]

>> CORRECT. >> OKAY. ANY FURTHER QUESTIONS FOR NICK?

>> THANK YOU, NICK. >> APPRECIATE IT. >> THANK YOU.

>> AT THIS POINT I'LL OPEN THE PUBLIC HEARING. WOULD THE PROPONENT PLEASE COME FORWARD TO THE MICROPHONE, STATE YOUR NAME AND WHY YOU'RE REQUESTING THE VARIANCE.

>> I'M MANUEL SOTO, I'M SEEKING A VARIANCE TO POSSIBLY MOVE A HOUSE IN OR BUILD A NEW RESIDENCE THERE ON THAT LOT. I OWN A LOT OF PROPERTY IN THAT AREA.

THIS IS AN EYESORE FOR MANY YEARS. I CAME IN, I PURCHASED IT.

I CLEANED IT. PREPARED IT. SURVEYED IT.

AND THEN FOUND OUT WHEN I CAME TO TALK TO ABOUT A PERMIT -- >> SURPRISE.

>> SO I'VE BEEN WORKING WITH THESE PEOPLE AND THEY'VE BEEN VERY HELPFUL IN TRYING TO HELP ME SEE IF I CAN RECEIVE A VARIANCE TO DEVELOP AND MOVE FORWARD WITH IMPROVING MY NEIGHBORHOOD. I OWN A LOT OF PROPERTY THERE THAT I PLAN ON DEVELOPING.

I WOULD LIKE TO MOVE FORWARD. >> FIRST OF ALL, THANK YOU FOR YOUR EFFORTS IN DOING SO.

IN IMPROVING THE NEIGHBORHOOD. >> THANK YOU. >> ANY QUESTIONS FOR MR. SOTO?

>> THE NARROWNESS OF THE LOT WILL NOT BE A PROBLEM FOR A HOUSE?

>> NO. THE HOUSE THAT WE WERE GOING TO PURCHASE FOR $5,000 AND HAD TO MOVE IN, WAS 30 FEET WIDE BY 45 FEET DEEP. SO IT WOULD FIT PERFECTLY ON THE LOT.

AND THE VARIANCE, YOU KNOW >> THE SIDE SET >> WOULD HAVE BEEN PERFECT.

WE LOST THAT CONTRACT BECAUSE WE WERE DELAYED. I LOOKED AT ANOTHER PROPERTY.

BUT I THINK IT'S GOING TO BE TOO WIDE. I PASSED ON THAT.

SO WE'RE STILL LOOKING. BUT WE'RE ALSO -- WE ALSO HAVE THE TOOLS IN MY CONSTRUCTION TO MOVE FORWARD IF WE NEED TO TO POUR A SLAB AND BUILD A SMALL, MAYBE TWO BEDROOM SINGLE FAMILY

HOME. >> QUITE OFTEN WE GET REQUESTS FOR CARPORTS OR GARAGES AND STUFF THAT, ESPECIALLY FOR NARROWER LOTS. THERE IS NO ALLEY ACCESS APPEARS FOR THIS. IS THAT PART OF YOUR PLANNING ALSO?

>> BUILD A CARPORT. >> BUILD A CARPORT OR A GARAGE ON THIS NARROW A LOT WITH NO

ALLEY ACCESS. >> I DON'T THINK SO. I DON'T THINK THERE IS ENOUGH ROOM THERE. IT WOULDN'T WORK IN THE BACK OF THE HOUSE.

WE LOOKED AT IT. IT'S PROBABLY GOING TO BE AN APPROACH DRIVEWAY UP TO THE

FRONT DOOR. NOTHING MAJOR THERE. >> I JUST WONDERED IF YOU WERE

GOING TO SEE YOU AGAIN IN A FEW MONTHS. >> HOPEFULLY YOU WILL.

>> ANY OTHER QUESTIONS? >> THANK YOU, SIR. APPRECIATE YOUR TIME.

ANYONE ELSE TO SPEAK IN FAVOR OF THIS REQUEST? >> I'M ASSUMING MICHAEL IS NOT GOING TO COME UP AND SPEAK AGAINST IT. SO WE WILL CLOSE THE PUBLIC

HEARING. DISCUSSION. >> WELL, PRETTY CLEAR CUT.

IT'S GOOD FOR EVERYTHING. NO REASON WHY NOT. I'M SURPRISED IT'S NOT GRANDFATHERED IN. BUT I'M SURE IT'S JUST A TECHNICALITY OF SOME SITES.

>> SO I'LL MOVE TO GRANT THE VARIANCE, AS REQUESTED. AND AS NOTED IN THE NOTES.

>> SECOND. >> SECOND. >> MR. HUBER.

>> YES. >> ROLL CALL >> AND THE MOTION TO APPROVE

CARRIES. >> OKAY. I THINK THAT'S ALL THE AGENDA ITEMS. ONE THING I WOULD REQUEST, ZACK, I GUESS THAT'S PROBABLY FOR YOU. I UNDERSTAND THERE IS SOME DISCUSSION GOING ON AROUND

ABOUT CARPORTS. >> CORRECT. >> IT'S OBVIOUSLY NOT ON THIS AGENDA. BUT COULD I REQUEST THAT WE ADD TO THE NEXT MONTH'S AGENDA AN UPDATE FOR THE BOARD OF ADJUSTMENTS ON WHERE THAT DISCUSSION STANDS AND WHERE

IT'S HEADED, JUST SO THAT WE CAN KEEP INFORMED OF THAT. >> CERTAINLY.

>> I WOULD APPRECIATE IT. >> AND PART OF THAT WOULD BE IF THERE IS A SUGGESTION FOR US, AS THE BOARD OF ADJUSTMENT, TO COME FORWARD WITH SUGGESTIONS OR RECOMMENDATIONS.

>> OKAY. >> YOU KNOW, THERE IS SUPPORT OR DIRECTION, THAT WOULD BE

HELPFUL FROM US. >> GIVE US AN OPPORTUNITY TO DISCUSS IT AND COME UP WITH AT

LEAST OUR OPINION. >> CERTAINLY. >> THANK YOU.

[00:15:04]

>> I THINK THAT IS IT. I'LL ENTERTAIN A MOTION TO ADJOURN.

>> MOVE. >> SECOND. >> ALL IN FAVOR.

>> WE STAND ADJOURNED. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.