Mar 18, 2026 Zoning Board of Adjustment and Appeals on 03/18/2026 5:30 PM

SORRY

[00:00:01]

WE

[1. CALL TO ORDER – 5:30 PM]

[2. CONFLICT OF INTEREST DECLARATION]

[4. APPROVE MINUTES OF JANUARY 21, 2026]

SECOND.

ALL IN FAVOR? AYE.

MEETING MINUTES ARE APPROVED.

UM, I FORGOT TO DO ONE STEP.

I DO NEED TO DESIGNATE

[3. DESIGNATE VOTING MEMBERS]

SO WE ONLY HAVE FOUR REGULAR MEMBERS HERE TONIGHT.

WE NEED A FIFTH.

SO I WILL DESIGNATE MELANIE, UM, AS OUR FIFTH VOTING MEMBER TONIGHT.

ALL RIGHT, SO THIS IS THE TIME THAT WE TAKE PUBLIC COMMENTS THAT ARE NOT RELATED TO THE, UM, THE ITEMS THAT ARE ON THE AGENDA TONIGHT.

AND, UH, THIS IS THE OPPORTUNITY FOR VISITORS AND GUESTS TO ADDRESS THE ZONING BOARD OF ADJUSTMENT APPEALS AND APPEALS ON ANY ISSUE IN COMPLIANCE WITH LOCAL GOVERNMENT CODE SECTION 5 5 1 0.007.

THE ZONING BOARD OF ADJUSTMENT AND APPEALS MAY NOT DISCUSS ANY PRESENTED ISSUE, NOR MAY TAKE ANY ACTION ON ANY ISSUE AT THIS TIME.

SO IF THERE'S ANYONE THAT WOULD LIKE TO DISCUSS ANYTHING THAT IS NOT, UH, PART OF THE AGENDA TONIGHT, NOW IS THE TIME.

OKAY.

SO NEED, WE WILL NOW

[Items 6 & 8]

GOOD EVENING.

MY NAME IS JOANNE MARIE ANDRADE.

I AM A MEMBER OF THE PLANNING DEPARTMENT HERE AT THE CITY, AND I'LL BE PRESENTING THE NEXT TWO AGENDA ITEMS FOR 1 0 3 PARK PLACE.

THE SUBJECT PROPERTY IS APPROXIMATELY 0.17 ACRES AND IS LOCATED ON A CORNER LOT AT THE INTERSECTION OF PARK PLACE AND EAST BLANCO ROAD.

THE APPLICANT AND OWNER IS LEE CAMPBELL, WHO IS HERE WITH US TONIGHT.

THE SUBJECT PROPERTY IS ZONED R ONE M AND IS LOCATED IN AN AREA WITH A MIX OF RESIDENTIAL AND COMMERCIAL ZONING.

THE APPLICANT IS REQUESTING TWO VARIANCES FOR AN EXISTING ACCESSORY STRUCTURE AT 1 0 3 PARK PLACE.

THIS PRESENTATION COVERS BOTH REQUESTS TOGETHER BECAUSE THEY RELATE TO THE SAME PROPERTY.

HOWEVER, UM, THE BOARD WILL CONSIDER A SEPARATE MOTION FOR EACH VARIANCE.

THE FIRST VARIANCE IS TO ALLOW THE STRUCTURE TO ENCROACH UP TO 16.5 FEET INTO THE REQUIRED FRONT YARD SETBACK, WHICH IS BASED ON ONE AND A HALF TIMES THE FRONT BUILDING LINE.

THE SECOND REQUEST IS TO ALLOW THE STRUCTURE TO ENCROACH UP TO 15 FEET INTO THE REQUIRED 25 FOOT SIDE YARD SETBACK.

I'VE COLOR CODED THEM HERE, SO THROUGHOUT THE PRESENTATION, UM, YOU CAN KIND OF FOLLOW ALONG A LITTLE BIT EASIER.

UH, SEPARATE PUBLIC NOTICE WAS PROVIDED FOR EACH VARIANCE REQUEST NOTICE WAS MAILED TO 54 PROPERTY OWNERS, UH, WITHIN 500 FEET ON MARCH 2ND, 2026.

AND EACH REQUEST WAS PUBLISHED IN THE BERNIE STAR ON MARCH 1ST.

AS OF MARCH 17, THE CITY HAD RECEIVED SIX RESPONSES FOR EACH REQUEST, THREE IN FAVOR AND THREE OPPOSED FOR ACCESSORY STRUCTURES IN THE R ONE M ZONING DISTRICT.

THE APPLICABLE SETBACKS ARE ONE AND A HALF TIMES THE FRONT BUILDING LINE, UH, SHOWN HERE IN BLUE, UH, A FIVE FOOT MINIMUM SIDE YARD, A 25 FOOT MINIMUM SIDE YARD ALONG A STREET FACING SIDE AND A FIVE FOOT MINIMUM REAR YARD.

THIS SLIDE SHOWS THE APPLICABLE DIMENSIONAL STANDARDS UNDER UDC SECTION THREE DASH FIVE, UH, FOR ACCESSORY STRUCTURES IN THE R ONE M DISTRICT.

THE DIAGRAM YOU SEE HERE IS INCLUDED JUST FOR ILLUSTRATIVE PURPOSES TO SHOW, UH, THE CURRENT SETBACK REQUIREMENTS THAT WOULD APPLY TO THIS PROPERTY.

THE PRINCIPAL STRUCTURE ON THE SITE WAS CONSTRUCTED IN 1992 PRIOR TO THE ADOPTION OF OUR CURRENT UDC.

THE HOME DOES NOT MEET THE PRIMARY BUILDING SIDE YARD SETBACK FROM EAST BLANCO ROAD AND IS LOCATED APPROXIMATELY NINE FEET FROM THE SIDE PROPERTY LINE.

THIS EXISTING DEVELOPMENT PATTERN LIMITS THE AREA OF AVAILABLE FOR PLACEMENT OF ACCESSORY STRUCTURES ON THE LOT.

THE REQUESTS INVOLVE AN EXISTING PERGOLA OR ACCESSORY STRUCTURE THAT WAS INSTALLED IN AUGUST, 2025

[00:05:01]

CITY REVIEW DETERMINED THAT THE PERGOLA ENCROACHES INTO THE REQUIRED SETBACKS.

SO IN ORDER FOR THE STRUCTURE TO REMAIN IN ITS CURRENT LOCATION, TWO VARIANCES ARE REQUIRED.

UM, I'LL GO THROUGH EACH ONE NOW, FOR THE FRONT YARD VARIANCE, THE REQUIRED SETBACK FOR THE ACCESSORY STRUCTURE IS 49.5 FEET, WHICH IS CALCULATED AT 1.5 TIMES THE FRONT BUILDING LINE.

UM, SO THE BUILDING IS CURRENTLY, UH, 33 FEET FROM THE PROPERTY LINE.

THE PERGOLA IS LOCATED, UH, 33 FEET FROM THE PROPERTY LINE.

SO THE REQUEST IS TO ALLOW, UH, 16 TO ALLOW A 16.5 FOOT ENCROACHMENT INTO THE REQUIRED FRONT YARD SETBACK.

UH, FOR THE SECOND REQUEST FOR THE SIDE YARD VARIANCE, THE REQUIRED STREET FACING SIDE SETBACK IS 25 FEET.

THE PERGOLA IS LOCATED, UM, 10 FEET FROM THE SIDE PROPERTY LINE.

SO THE REQUEST IS TO ALLOW A 15 FOOT ENCROACHMENT INTO THE REQUIRED SIDE YARD SETBACK.

FOR THE FIRST FINDING, THE SUBJECT PROPERTY IS ZONED R ONE M, AND THE EXISTING PERGOLA DOES NOT MEET THE REQUIRED FRONT AND SIDE STREET SETBACKS.

LITERAL ENFORCEMENT WOULD REQUIRE RELOCATION OR MODIFICATION OF THE STRUCTURE FOR THE SECOND FINDING.

THE VARIANCE WOULD NOT ALLOW ANY OTHER USE THAN WHAT'S ALREADY ALLOWED IN THE R ONE M DISTRICT.

AND THE PERLA REMAINS AN ACCESSORY STRUCTURE TO THE PRINCIPAL RESIDENTIAL USE.

FOR THE THIRD FINDING, THE REQUEST IS TIED TO THE CORNER LOCK CONFIGURATION, THE 25 FOOT SIDE STREET SETBACK ALONG EAST BLANCO ROAD.

THE FRONT SETBACK BASED ON THE FRONT BUILDING LINE AND THE EXISTING PRINCIPAL STRUCTURE THAT PREDATES THE CURRENT UDC TOGETHER, THESE CONDITIONS LIMIT THE AREA AVAILABLE FOR PLACEMENT OF AN ACCESSORY STRUCTURE.

FOR THE FOURTH, FINDING SETBACK REQUIREMENTS ARE CENTRAL TO THE PURPOSE OF THE UDC.

APPROVAL OF THE VARIANCES WOULD ALLOW ADDITIONAL ENCROACHMENT INTO THE REQUIRED SETBACK AREA AND MAY REDUCE THE EFFECTIVENESS OF SETBACK STANDARDS FOR CORNER LOTS AND SIDE STREET FRONTAGES.

FOR THE FIFTH AND FINAL FINDING ACCESSORY STRUCTURE, SETBACKS ARE INTENDED TO MAINTAIN FIRE SAFETY, SUNLIGHT AND WIND ACCESS, ENJOYMENT RIGHTS, AND NEIGHBORHOOD CHARACTER CORNER LOT SETBACK RE REDUCTION SHOULD BE CONSIDERED FOR THEIR EFFECT ON VISIBILITY SPACING, AND THE STREET SCAPE STAFF RECOMMENDS THAT THE BOARD CONDUCT A PUBLIC HEARING, CONSIDER THE EVIDENCE AND DETERMINE WHETHER THE VARIANCE CRITERIA HAVE BEEN MET.

FOR THIS REQUEST, WHICH IS THE 16.5 FOOT ENCROACHMENT INTO THEIR FRONT YARD SETBACK, THIS IS THE MOTION FOR CONSIDERATION.

UM, I'LL ALSO GO THROUGH THE SECOND RECOMMENDATION AND THEN WE'LL GO FOR DISCUSSION.

THE APPLICANT IS HERE, AND THEN WE'LL GO THROUGH EACH MOTION ONE BY ONE.

SO FOR THIS SECOND RECOMMENDATION FOR THE SIDE YARD SETBACK, WE RECOMMEND THAT THE BOARD CONDUCT A PUBLIC HEARING, CONSIDER THE EVIDENCE, AND DETERMINE WHETHER THE VARIANCE CRITERIA HAS BEEN MET FOR THIS REQUEST.

UM, HERE ARE THE MOTIONS FOR CONSIDERATION.

IF THE BOARD DENIES THE REQUEST, THE MOTION SHOULD STATE THE REASONS FOR DENIAL AND REFERENCE APPLICABLE, UM, REGULATIONS IN THE UDC.

UM, THAT'S MY PRESENTATION.

MR. LEE CAMPBELL IS HERE.

WOULD YOU LIKE TO SEE, UH, I HATE TO MOVE UP TO YOUR PRESENTATION, NOT, BUT IF THEY HAVE ANY QUESTIONS, I HAVE A QUESTION FOR YOU.

I DON'T KNOW IF THIS, IF YOU HAVE THIS ON HAND, BUT WHAT IS THE WIDTH OF THAT LOT? DO YOU KNOW? THAT'S A VERY GOOD, I MAY, I MAY HAVE IT HERE.

MM-HMM .

AND BRING THIS MATIC WITH ME.

JUST OKAY.

YEAH, I THINK THAT'S ON THE SITE PLAN, WHICH, YEAH.

THERE WE GO.

THANK YOU.

MM-HMM .

IT'S ON THERE.

MM-HMM .

KIND OF A ROUGH COPY.

YEAH.

LET'S SEE.

IT IS 91 FEET.

OKAY.

ACROSS THE FRONT.

SO A LONG PARK PLACE HERE.

SO A LITTLE OVER A QUARTER OF THE LOT WOULD BE SET BACK ON THAT SIDE.

YES.

ANYONE ELSE HAVE ANY QUESTIONS FOR PLANNING? AND JUST TO CLARIFY THAT PERGOLA

[00:10:01]

NO, IT'S NOT.

AND IF I MAY ADD JUST TO BRIEFLY, UH, SURE.

AND IF YOU COULD STATE YOUR NAME FOR THE RECORD, I'M SORRY.

AS YOU APPROACH THE MICROPHONE.

YES.

LEE CAMPBELL, OWNER OF THE PROPERTY AT, UH, 1 0 3 PARK PLACE.

IT'S IN QUESTION WITH THE PERGOLA.

UM, IT WASN'T MY INTENTION AT ALL TO VIOLATE ANY, UH, UNIVERSAL, UH, COMMUNITY CODES.

UH, THIS WAS TO BE AN AFTERNOON PROJECT WITH FRIENDS.

AND, UM, I THINK IT LOOKS FANTASTIC.

I'VE HAD SOME NEIGHBORS TELL ME THEY LIKE IT.

UH, AND I HAVE ONE NEIGHBOR HERE TODAY THAT HE'D BE WILLING TO SAY, UH, HE BELIEVES IT LOOKS WELL TOO.

HAD I KNOWN IT WOULD'VE ENCROACHED ON ANYTHING, OF COURSE I WOULDN'T HAVE PUT UP A $3,000 PERGOLA.

UH, IT'S, UH, I WOULD'VE WAITED AND FOUND OUT AND EVERYTHING ELSE NOW.

AND OF COURSE, THAT'S WHERE THE BUDGETING, BUDGETING THE, UM, PERMITTING OFFICE SAID, WELL, THAT'S WHY YOU PULL A PERMANENTLY.

AND I SAID, WELL, GOODNESS GRACIOUS.

I TRIED.

NOW WHAT I DID WAS, UM, IN, I HAD PUT UP A WALL TWO YEARS PREVIOUS IN THAT AREA.

I'M TRYING TO GO WITH THE TEXAS RANCHERO KIND OF THEME FOR THAT CORNER.

AND I PUT UP A WALL.

AND, UM, DURING THAT TIME, UM, I WANTED TO EXTEND THE WALL TO THE OTHER SIDE.

AND THEY SAID, NO, YOU CAN'T DO THAT.

BE ON THE OTHER SIDE OF THE CARPORT, BECAUSE THAT WOULD INTERFERE WITH LINE OF SIGHT.

OH, OKAY.

WELL, I I'M NOT A, A CIVIL ENGINEER OR A CONTRACTOR OR A BUILDER.

WHAT DO I KNOW? I'M JUST A HOMEOWNER ONCE I PUT UP A PERGOLA EVENTUALLY.

WELL, SO I SAID, WELL, WHAT'S THE RULE OF THUMB? I SAID, WELL, YOU GOTTA BE 25 FEET.

AND I DIDN'T REALIZE SHE WAS REFERRING TO BLANCO.

I THOUGHT THEY WERE REFERRING TO PARK PLACE.

SO I MEASURED, I SAID, WELL, I GOT PLENTY OF ROOM.

I'M HERE IN THE LITTLE CROOK OF MY HOUSE.

AND I SAID, THIS DOESN'T OFFEND ANYBODY.

I, I EVEN MEASURED FROM THE EASEMENT, 25 FEET, 30 INCHES.

I SAID, I'M GOOD TO GO.

SO, UM, MY REASONING BEING, IT WAS AN AFTER IT WAS A PROJECT TO BEAUTIFY THE HOUSE, TO BEAUTIFY THE NEIGHBORHOOD.

MY NEXT DOOR NEIGHBOR, UM, UH, MISS CARDENA, WHO'S A BIG WIG WITH THE BERNIE G UH, GARDEN CLUB, SHE WANTS TO PLANT WISTERIA THE HOUSE.

THAT'S A BEAUTIFUL IDEA.

THANK YOU, GLORIA.

SO I, WE'RE ALL KIND OF ENJOYING IT AND I JUST HOPE THAT Y'ALL CAN SEE IT IN YOUR HEARTS AND LOOK, DRIVE BY, TAKE A LOOK AT IT AND SEE, SEE WHAT YOU THINK AS WELL.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? I'M HERE.

QUESTIONS FOR LEE.

YEAH.

THIS WAS THE, UH, YOU SUBMITTED FOR A PERMIT AND IT SAID THAT IT WAS CLOSED.

RIGHT? OH, VERY.

I SEE THAT.

GOOD.

THANK YOU FOR, YEAH, I KIND OF SKIPPED PAST THAT.

I SUBMITTED A, A FOR A PERMIT.

OKAY.

AND, UM, UH, WELL, LET ME, I WENT TO SUBMIT FOR A PERMIT.

AND WHEN I PUT UP THE WALL, IT WAS REAL EASY FOR SOME REASON.

BUT I THINK Y'ALL CHANGED HOW YOU DO THINGS THOSE TWO, COUPLE OF YEARS.

AND I STARTED DOING IT, AND I, AND IT WASN'T, I'M NOT REALLY A COMPUTER KIND OF GUY.

LET, LET'S FACE IT, I'M, I'M ILLITERATE WHEN IT COMES TO DOING THINGS ON THE COMPUTER.

UH, HOWEVER, I USED TO HAVE PEOPLE THAT DID THAT FOR ME.

UH, HOWEVER, UH, AS I WAS GOING THROUGH WHEN I, I GOT TO PAGE THREE OR FOUR, IT WANTED A WATER TABLE, RUNOFF FLOOD STUDY.

AND THEN THE NEXT QUESTION, THEY WANTED A GEOGRAPHICAL EARTH STUDY.

I PUT FREAKING PERGOLA, UH, ON A SATURDAY AFTERNOON.

SO I, I, I LITERALLY CALLED THE CITY THE NEXT MORNING AND I GOT TO KNOW EVERYBODY.

AND, UH, AND IN A HUMOROUS WAY, I WENT, AH, YOU GUYS ARE DRIVING ME CRAZY.

WHAT IS THIS? I GOTTA COME UP WITH THIS AND THAT.

AND I NEVER HEARD THAT.

NEXT THING I KNOW, I GET AN EMAIL SUBJECT LINE CLOSE, WHICH I INTERPRETED AS, EH, YOU DON'T NEED ONE AFTER ALL.

OKAY.

I REALIZE THAT'S RATHER IGNORANT, BUT I'M NOT IN THE TRADES.

OKAY.

UH, EVEN MY BOOKKEEPER, I WAS SHOWING HIM AND HE SAID, I WOULD'VE THOUGHT THAT IT WAS CLOSED.

IT WAS OKAY TO PROCEED.

UH, SO THAT'S, THAT WAS WHERE THAT CAME FROM.

SO

[00:15:01]

'CAUSE I HONESTLY BELIEVE I WAS DOING RIGHT.

AND THAT'S IT.

ANY OTHER QUESTIONS? DOES THE PERGOLA SA PURPOSE OTHER THAN JUST BEING, WELL, UH, THANK YOU FOR BRINGING THAT UP.

WHEN YOU LOOKED AT, WITHOUT THE PERGOLA, WHEN YOU LOOKED AT THE, UH, LIMESTONE STRUCTURE OF THE HOUSE AND THE WALL NOW IN FRONT OF IT, ARCHEOLOGICAL, ARCHEOLOGICAL, NOT ARCHITECTURAL, EXCUSE ME.

UH, SPEAKING, THE HOUSE LOOKED LOPSIDED.

IT NEEDED SOMETHING.

THAT'S WHY I REALLY PUSHED TO HAVE THE REST OF THAT WALL CONNECTED TO A STONE PILLAR WHERE I COULDN'T DO IT.

'CAUSE IT WAS A LINE OF SIGHT.

SO I THINKING, WHAT, AND I'VE ALWAYS WANTED TO PUT A PERGOLA THERE ANYWAY.

AND I SAID, WELL, MAYBE THIS IS THE TIME.

SO I WAITED AND DURING THE, UH, WINTER TIME, UH, TO GO AHEAD AND BUY ONE 'CAUSE THEY WERE ON SALE.

AND, UH, THAT'S WHEN I DECIDED TO GO AHEAD AND PUT IT UP IN A NICE WARM DAY.

HOW LONG HAVE YOU OWNED THE PROPERTY? UH, I'VE BEEN THERE SINCE AUGUST, 2006.

AFTER MY WIFE PASSED.

UH, WE SOLD OUR HOUSE IN FAIR OAKS RANCH, AND I MOVED INTO BERNIE.

SHE, UH, SHE ALWAYS WANTED TO LIVE IN BERNIE.

AND WE BOUGHT A FAMILY PLOT CEMETERY.

AND, UH, MY KIDS ALL GRADUATED HIGH SCHOOL HERE.

THANK YOU.

AND I WORKED FOR THE BERNIE STAR FOR MANY YEARS.

ALL RIGHT.

WELL THANK YOU VERY MUCH.

YEAH, THANK YOU.

IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO MAKE ANY COMMENTS AT THIS TIME? IF YOU COULD JUST STATE YOUR NAME WHEN YOU YEAH.

GET TO THE MICROPHONE WRONG.

I'M SORRY.

UH, MY NAME'S JEFF JOSEPH AND, UH, I HAVE TWO HOUSES THAT I CAN SEE FROM MY FRONT YARD, MISS ARBOR.

AND, UH, I WATCHED IT GO UP.

I DON'T HAVE ANY PROBLEMS WITH IT AT ALL.

UH, IT, IT LOOKS VERY NICE.

I THINK ANYBODY THAT SAW IT WOULD SAY THAT, ESPECIALLY IF YOU SAW IT IN PERSON.

AND, UM, BUT YOU KNOW, IT'S, IT'S FUNNY 'CAUSE UH, I'VE DEALT WITH THIS MYSELF.

I HAVE SOME RENTAL PROPERTIES HERE IN TOWN.

THEY'RE ALWAYS KIND OF BUMPING INTO A CODE ISSUE SOMEWHERE.

'CAUSE UH, BERNIE'S IN LOVE WITH THEM AND, UH, LOVE CHARGING YOU A BUNCHES OF MONEY FOR 'EM.

AND, UH, I KNOW MR. CAMPBELL'S GOT A LOT OF MONEY IN THAT THING.

I USED TO TEACH WOOD SHOP AS A MATTER OF FACT.

AND THAT CEDAR THAT'S IN THAT THING IS PRETTY DANG EXPENSIVE.

IT, IT'LL ALMOST BE SINFUL TO TEAR IT DOWN, IN MY OPINION, BUT IT DOESN'T SEEM TO BOTHER ANYBODY.

I, I DON'T KNOW WHO Y'ALL HAD YOUR LITTLE THING UP THERE.

UH, THREE IN FAVOR.

THREE AGAINST, THAT'S RIGHT.

I CAN BREAK THE TIE IN FAVOR.

UM, IT, THAT'S WHAT Y'ALL ARE LOOKING FOR.

'CAUSE IT, IT LOOKS GOOD.

IT'S A NICE LOOKING STRUCTURE.

I DON'T THINK IT HURTS ANYBODY, UH, ANYBODY THAT CAN COME OFF A BLANCO ROAD FAST ENOUGH TO TAKE OUT THAT ARBOR'S GONNA DO MORE THAN THAT ARBOR AND, UH, THEY'RE GONNA END UP IN THIS LIVING ROOM.

BUT THAT'S ANOTHER STORY.

BUT JUST THOUGHT I'D SAY, I THINK IT LOOKS GREAT AND, UH, MY WIFE THINKS IT LOOKS GREAT AND, UH, DRIVE BY THERE.

THANK YOU VERY MUCH.

IS IT ATTACHED TO THE GROUND OR ANYTHING? I MEAN, IS IT ATTACHED ANYWHERE? IT'S, UM, YEAH.

TYPICALLY WITH UH, ACCESSORY FIXTURES LIKE THIS, THERE'S A CERTAIN AMOUNT THAT'S, UH, INSIDE THE, UM, LOOKS LIKE IT'S ANCHORED TO THE CONCRETE.

IT'S ANCHORED.

THANK YOU.

THAT'S A GREAT WORD.

YEAH.

SOME METAL ANCHORS AT THE BOTTOM.

MM-HMM .

OKAY.

I WAS JUST CURIOUS 'CAUSE IF YOU'RE LOOKING AT THAT PICTURE, WE HAD A BLAST.

IT LOOKS LIKE IT'S ACTUALLY OBSTRUCTING THE GARAGE DOOR.

SO IF SOMEONE WERE TO PURCHASE THAT HOUSE LATER, IT'S BLOCKING PART OF THE ACTUAL GARAGE.

AM I LOOKING AT THAT CORRECTLY? I DON'T THINK IT'S LIKE CEMENTED IN THOUGH.

RIGHT.

BY A COUPLE OF INCHES.

I DON'T KNOW WHO'S SPEAKING, BUT BY A COUPLE OF INCHES ON EACH SIDE.

YEAH.

OF THE GARAGE.

BUT YOU STILL GET VEHICLE SITTING THERE.

IS THERE ANYONE ELSE THAT WOULD LIKE TO MAKE A COMMENT? NO, MY NAME IS BRIAN NICHOLS.

I OWN TWO PROPERTIES DOWN PARK PLACE.

UM, I'M UP AND DOWN THAT ROAD EVERY DAY OR EVERY OTHER DAY.

AND TO BE HONEST WITH YOU, I DIDN'T EVEN NOTICE IT.

THAT'S HOW WELL IT FIT IN.

THAT'S, UH, TO BE QUITE, I MEAN, I SAW HIM PUT UP THE, THE BRICK STONE,

[00:20:01]

UM, DIDN'T HAVE A PROBLEM WITH THAT.

ONE QUESTION I DID HAVE, DID THEY SAY THAT THE, THE SIDEWALL, THE SIDE STRUCTURE, WAS THAT AN ALREADY OUT OF CODE? WELL, THAT CODE WASN'T IN PLACE.

OKAY.

UH, WHEN THE STRUCTURE WAS BUILT.

SO PART OF THIS EXISTING RESIDENCE IS IN THE SETBACK.

SO IN LIEU OF TEARING HIS GARAGE DOWN, HE BUILT A PERGOLA TO MAKE IT LOOK NICE AND RENT FIT THE HOUSE AND IT DOESN'T EXTEND PAST.

SO I FIGURED THAT WOULD BE GRANDFATHERED INTO THE PREVIOUS CODE IS NOT AFFECTING ANYTHING.

I GET WHAT YOU'RE SAYING ABOUT THE COUPLE INCHES.

BUT I MEAN, NO S SUV V'S GONNA GET IN THERE ANYWAY, SO, I MEAN, AND THAT'S, I MEAN, I'M TELLING YOU, IT LOOKS, IT LOOKS GREAT.

I'M UP THERE EVERY DAY.

I'VE BEEN RIDING AROUND SINCE YOU HAD THAT WAGON WHEEL ON THE CORNER, YOU KNOW, THAT WAS MY GUY TO TURN IN.

YEAH.

SO .

SO, SO ANYWAY, THAT'S ALL I HAD TO SAY.

BRIAN NICHOLS.

THANK YOU.

THANK YOU.

ANYONE ELSE? ONE THING, IF I MAY.

SURE.

I DON'T KNOW IF IT'S VISIBLE ON THE BACK OF THE ONE THAT, YOU KNOW, THIS SOMEONE HAD BROUGHT UP, YOU KNOW, IS IT KIND OF IN CRINGING A LITTLE BIT? AND ACTUALLY IT LOOKS LIKE A LOT, BUT IT'S NOT.

THAT IS THE WOOD AROUND THE, BUT A COUPLE OF INCHES YES.

ON EACH SIDE.

UM, THERE IS, AND NOW YOU CAN'T SEE IT 'CAUSE THAT'S A PERFECT SHOT.

UM, THE BACK, UH, COLUMN IN THE BACK THAT'S CLOSEST TO THE GARAGE DOOR, UH, HAS A POWER BOX ON IT TO UM, UH, CHARGE NOT A TESLA.

IT'S NOT A TESLA THING.

NO.

HIT ME UP FOR ANOTHER VARIANCE.

UH, IT.

BUT IT'S LIKE YOU NEED TO CHARGE LAWN TOOLS OR WHATEVER, OR POWERED TOOLS TO WORK IN YOUR GARAGE.

IT HAS A CHARGER THERE.

SO THAT'S PROBABLY WHY IT'S POSSIBLE JUST A WEE BIT.

'CAUSE IT PLUGS INTO THE, UH, OUTLET INSIDE THE GARAGE FOR EXTRA POWER.

THANK YOU.

ANY OTHER COMMENTS? OKAY.

WE WILL CLOSE THE PUBLIC HEARING AND, UH, NOW'S THE TIME TO

[Items 7 & 9]

ANY THOUGHTS LADIES? I MEAN, I'M KIND OF ALL FOR IT.

, I'M GONNA BE HONEST WITH YOU.

UM, I DON'T KNOW IF LIKE, LIKE WAS SAID, IT FITS IN.

HE, HE DID HIS, I, WHEN I WAS READING THROUGH ABOUT THE, UM, THE PERMITTING, I WOULD'VE MADE THE SAME ASSUMPTION THAT HE DID THAT IT WASN'T REQUIRED, IT WAS CLOSED.

SO I THINK THAT'S A REASONABLE ASSUMPTION TO THINK THAT HE HAD TRIED TO DO WHAT WAS RIGHT AND HE WAS TOLD, HEY, YOU'RE GOOD TO GO.

SO THAT'S MY OPINION.

RICH, IF THE VARIANCE IS APPROVED, UM, WHAT HAPPENS NEXT IS THIS STILL THEN HAVE TO GO TO PERMITTING.

'CAUSE OBVIOUSLY IT WAS BUILT WITHOUT A PERMIT.

AND SO WHAT HAPPENS NEXT? SORRY, SORRY I WAS COLD.

I HAD TO TAKE MY JACKET OFF.

UH, I'M FRANKIE LINDER.

I'M WITH THE PLANNING DEPARTMENT.

UH, UH, MR. CAMPBELL HAS ALREADY SUBMITTED FOR A BUILDING PERMIT AT THIS POINT.

I WAS FLAGGED BY CODE ENFORCEMENT FOR DOING CONSTRUCTION WITHOUT A PERMIT.

UM, THAT PERMIT CANNOT BE ISSUED UNLESS THESE VARIANCES, BOTH OF THE VARIANCES ARE GRANTED TONIGHT.

UM, A COUPLE POINTS OF CLARIFICATION FROM CONVERSATION.

I HEARD IF YOU WOULD ALLOW ME, UM, JUST TO CLARIFY THAT THE EMAIL REFERENCING, UM, THE CLOSED PERMIT WAS FOR THE FENCE PERMIT THAT HE HAD APPLIED FOR PREVIOUSLY.

UH, AND WE DID UPDATE OUR SYSTEM.

SO, UM, LAST JULY WE SWITCHED OUR BUILDING PERMITS FROM SMART GOV TO MGO.

SO THAT HAS CAUSED A LITTLE BIT OF CONFUSION, ESPECIALLY WITH OUR RESIDENTIAL APPLICANTS WHO ONLY APPLY FOR THINGS ONCE EVERY COUPLE OF YEARS.

SO I DID WANNA CLARIFY THAT TO, UM, JUST TO MAKE, MAKE IT VERY CLEAR THAT THE EXISTING GARAGE, TO YOUR POINT, IS ALREADY EXISTING.

IT, IT'S BEEN CONSTRUCTED SINCE, YOU KNOW, 1992, WELL BEFORE OUR CURRENT UDC, UM, WAS ADOPTED BACK IN 21, I BELIEVE.

UM, SO THE GARAGE IS WHAT WE CONSIDER LEGALLY NON-CONFORMING.

IT IS ALLOWED TO CONTINUE EXISTING BECAUSE THIS IS A NEW STRUCTURE THAT IS WHAT'S REQUIRING THE VARIANCE TONIGHT.

SO JUST WANTED TO ADD THAT CLARIFICATION.

THANK YOU.

THANK YOU.

IF I MAY ADD, UH, THAT IS MY UNDERSTANDING

[00:25:01]

UH, I WOULD, IF POSSIBLE IN YOUR DELIBERATIONS, I WOULD LIKE FOR YOU TO COUNT PERGOLA AS ONE AS I, AS I HAVE A FUTURE CREDIT, POSSIBLY GET ONE THOSE MORGAN STORAGE BUILDINGS IN THE BACKYARD AT THE SECOND ONE.

BUT I'LL APPLY FOR URBAN FOR THAT TOO.

THAT NEITHER.

I JUST, I'M, I'M STILL CONFUSED ON THE PERMITTING PORTION OF IT.

'CAUSE HE'S SAYING HE APPLIED FOR THIS CITY SAYING THAT IT WAS FOR THE, FOR, FOR THE WALL.

NOT FOR THAT.

IT SOUNDS TO ME LIKE THERE WAS SOME CONFUSION POSSIBLY RELATED TO CHANGING SYSTEMS. AND HE GOT A NOTIFICATION THAT THE WALL PERMIT WAS CLOSED OUT SHORTLY AFTER.

IT SOUNDS LIKE HE APPLIED FOR THIS ONE AND WAS CONFUSED ABOUT WHICH, WHICH PERMIT THAT EMAIL WAS.

AND IF HE HAD APPLIED FOR ONE.

WHERE'S THAT? THE ONE HE APPLIED FOR? 'CAUSE HE WAS, HE IS THE PERGOLA PERMIT THAT IS CURRENTLY IN REVIEW, UH, IN THE SYSTEM WAS APPLIED FOR AFTER THE PERGOLA WAS CONSTRUCTED.

SO THERE'S NO PERMIT THAT WAS APPLIED FOR PRIOR TO IT GOING UP? NOT TO MY KNOWLEDGE, NO MA'AM.

I DIDN'T GET ANYTHING, ALTHOUGH I DON'T KNOW THAT I HAVE TO SAY I I DID TRY, BUT LIKE I SAID, I GOT TO LIKE THE FOURTH PAGE, I COULDN'T DO IT.

I HAD TO COME INTO THIS, WELL THAT'S WHEN I GOT THE EMAIL AND FCA IS ABSOLUTELY CORRECT SAID THAT THE, UH, EMAIL SAID FOR THE FENCE OR THE ADDITIONAL WALL FENCE.

WHEN I WENT ON THAT SITE, I LOOKED FOR SOMETHING FOR PERGOLA AND THERE WAS NOTHING PERMITTING PERGOLA THAT I COULD FIND.

SO I JUST WENT WITH THE TIP, THE TEMPLATE THAT I HAD FROM MY WALL AND I USED THAT AND THAT WAS, AND THEN I GOT DISMISSAL NOTES, RIGHT.

BUT I NEVER DID COMPLETE THAT ONE BECAUSE I GOT THREE OR FOUR.

AND THEN, UH, FRANCESCA HELPED ME REDO IT AND THE OFFICE STAFF HELPED ME REDO IT, WAS ABLE TO WALK ME THROUGH THE PROCESS.

AND THAT'S ONE JUST VERY OUT.

AND DO YOU ALL SEE AN ISSUE WITH THE WAY THAT THE PERGO IS COVERING SOME OF THE OPENING, LIKE THE WAY IT'S, THE, THE POLES THAT ARE IN THE GROUND ARE BLOCKING SOME OF THE ENTRY FOR THE GARAGE? THAT TO ME FEELS LIKE A PROBLEM.

LIKE IF I WAS LOOKING TO PURCHASE THAT HOUSE, I WOULD WANT THE FULL OPENING TO BE ABLE TO USE MY GARAGE.

SO, AND I DON'T KNOW WHETHER IT'S THE, THE ANGLE OF THAT, BUT IT IS A VERY GOOD PICTURE.

I HAVE TO SAY IT WAS STRAIGHT ON.

BUT THERE IS, UH, OH, WE'VE GOT ABOUT TEN EIGHT INCHES OF FLASHING WOOD FLASHING ON THE, EACH SIDE OF THE GARAGE DOOR.

SO IT, IT DOES COME IN, BUT IT'S LIKE A COUPLE OF INCHES ON EACH SIDE.

I THINK WHAT YOU'RE SEEING THERE IS ACTUALLY, IT'S ALMOST AN OPTICAL ILLUSION, BUT I UNDERSTAND WHAT YOU'RE SAYING AS FAR AS, UM, THE ZONING CODE OR BUILDING CODE, UM, THAT HASN'T BEEN IDENTIFIED AT THIS POINT AS A, AS A CONFLICT.

NOW WHETHER OR NOT AS A, AS A HOMEOWNER OR A PROSPECTIVE BUYER, IF THAT WOULD BE AN ISSUE THAT WOULD BE SEPARATE.

GOTCHA.

SO I THINK THAT THIS LOT IS TRICKY BECAUSE THE WAY THE HOUSE IS POSITIONED, IT'S, IT'S ON PARK, IS IT PARK STREET, PARK PLACE? IS IT FRONTS.

AND SO WITH A 25 FOOT SETBACK FROM BLANCO, IT NEARLY MAKES THAT LOT UNBUILDABLE BY TODAY'S STANDARDS.

WE ALL KNOW THAT TODAY'S STANDARDS WEREN'T IN PLACE WHEN IT WAS BUILT.

UM, PERGOLA DOESN'T ENCROACH ANYTHING THAT WASN'T ALREADY KIND OF THERE.

UM, A LOT OF THE HOUSES, SOME OF THE HOUSES IN FRONT OF THE, THE PERGOLA, THE DRIVEWAY WAS ALREADY THERE.

I KNOW THAT IT DOESN'T MEET THE CURRENT SETBACK REQUIREMENTS, BUT, UM, I FEEL LIKE THE, JUST MAYBE THE, I KNOW, YOU KNOW, THE UDC DOES A GREAT JOB OF TRYING TO PUT A UNIFORM COAT ON EVERYTHING, BUT NOT EVERYTHING FITS INTO, INTO THAT, UH, THOSE SAME REQUIREMENTS.

AND THIS MAY BE A LOT THAT JUST SORT OF DOESN'T FIT THE SETBACK REQUIREMENTS OF THE UDC IN SOME CASES.

I TEND TO AGREE.

AND IT DOESN'T OBSTRUCT THE VIEW OF, UH, ANYBODY COMING DOWN BLANCO OR COMING DOWN PARK PLACE AND TRYING TO MAKE A TURN.

AND, UH, IT'S A SHAME IT DIDN'T GET BUILT WITH THE PERMIT.

UH, IT

[00:30:01]

UH, BUT I, I DON'T SEE, UH, SIGNIFICANT ISSUE PARTICULARLY BECAUSE YOU COULDN'T EVEN BUILD THAT HOUSE TODAY.

RIGHT.

YOU WOULDN'T LIKE TO MAKE A MOTION.

I MOVE I WILL.

OH, GO AHEAD.

I'M SORRY.

I MOVE.

UH, WE ACCEPT, UH, THE FINDINGS AND APPROVE THE VARIANCE REQUEST OF, ARE WE DOING BOTH OF THEM OR ONE OF 'EM? I THINK WE NEED TO DO ONE AT A TIME.

SO THAT WOULD BE TWO SIX DASH TWO SIX DASH THREE.

I'LL SECOND.

SECOND.

ALL IN FAVOR? AYE.

AND IT PASSED FIVE TO ZERO AND THEN FOR VARIANCE NUMBER, OH NO, NO, GO AHEAD.

AND THEN FOR VARIANCE NUMBER 26 DASH OH FOUR, WHICH IS THE REQUEST TO ALLOW, UH, A 15 FOOT ENCROACHMENT INTO THE REQUIRED 25 FOOT SIDE YARD SETBACK.

HERE'S YOUR MOTION FOR CONSIDERATION.

I MOVE THAT THE ZONING BOARD OF ADJUSTMENT ACCEPT THE FINDINGS AND APPROVE THE VARIANCE REQUEST.

I HAVE A SECOND.

SECOND.

ALL IN FAVOR? AYE.

OKAY, THAT ONE ALSO PASSES FIVE TO ZERO.

OKAY.

NOW WE WILL MOVE

[Receive comments on Variance No. 26-05, Regent Park Unit 1, Phase 5A, Block 8, Lot 3 (130 Newcourt Place).]

ALL RIGHT.

UH, GOOD EVENING.

MY NAME IS BEN SIMMONS, I'M A MEMBER OF THE PLANNING DEPARTMENT AND WE'LL BE PRESENTING THIS ITEM.

UH, FIRST WE'LL LOOK AT THE BACKGROUND OF THE PROPERTY.

THE APPLICANT, UH, SLASH OWNER IS NICK NTH, WHO IS HERE TODAY.

UM, THE PROPERTY IS 0.36 ACRES IS ZONED R TWO M AND IS ADDRESSED IS ONE 30 NEW COURT PLACE.

THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW FOR A PATIO AND PERGOLA TO ENCROACH INTO THE REQUIRED 10 FOOT SETBACK.

THE SIZE OF THE PROPOSED PATIO IS 11 BY 14 FEET.

THIS IS A ZONING VIEW OF THE SUBJECT PROPERTY, UH, PARCEL SHOWN IN GREEN.

UH, THIS PROPERTY IS PART OF THE REGENT PARK SUBDIVISION AND IS ZONED R TWO M.

REGARDING CITIZEN INPUT 46 NOTIFICATIONS WERE MAILED THE PROPERTIES WITHIN 500 FEET OF THE SUBJECT PROPERTY.

AND THIS REQUEST WAS NOTICED IN THE BERNIE STAR.

WE RECEIVED NINE RESPONSES IN FAVOR AND ONE OPPOSED.

THIS VARIANCE REQUEST RELATES TO UDC SECTION FOUR DASH TWO C ONE, WHICH STATES THE FOLLOWING MAY ENCROACH THE REAR YARD SETBACK, PROVIDED THAT THERE REMAINS A SEPARATION OF AT LEAST 10 FEET BETWEEN THE ENCROACHING FEATURE AND THE REAR LOT LINE DECK PATIO AWNING PERGOLA.

THIS IS AN AERIAL VIEW OF THE SUBJECT PROPERTY.

UH, ON THE RIGHT WE CAN SEE THE SUBJECT PROPERTY IS MARKED WITH A YELLOW STAR AND THE LOT THAT'S HIGHLIGHTED IS A OPEN SPACE NON-RESIDENTIAL LOT THAT THE PROPERTY ABUTS.

UH, IN THIS IMAGE WE CAN ALSO SEE THAT THE PROPERTY IS FRONTING NEW COURT STREET.

UH, THE IMAGE ON THE LEFT SHOWS THE GENERAL AREA THAT THE PROPOSED PATIO WILL BE WITH A GREEN BOX.

UH, THIS IMAGE ALSO KIND OF HELPS TO SHOW THE UNIQUE LOCATION OF THE HOUSE IN RELATION TO THE LOT, UH, AND HOW THAT LOCATION IMPACTS THE SIDES AND REAR YARD OF THIS PROPERTY.

THIS IS ANOTHER AERIAL VIEW.

UM, THE TWO ARROWS ARE GONNA SHOW THE TWO DIFFERENT ANGLES OF STREET VIEW WILL SHOW IN THE FOLLOWING SLIDES.

UH, THE FIRST, UH, STREET VIEW WILL BE FROM THE ORIENTATION OF THIS RED ARROW.

THIS IS THAT STREET VIEW.

IT'S FROM NEW COURT PLACE LOOKING NORTHEAST.

THE NEXT STREET IMAGE WILL BE FROM THE BLUE ARROW, WHICH IS THIS ONE, WHICH IS FROM NEW COURT PLACE LOOKING, UH, NORTH.

THIS IS A IMAGE OF THE REAR YARD AS IT CURRENTLY EXISTS TODAY.

THIS IS THE SITE PLAN FOR THE

[00:35:01]

ON THE RIGHT WE HAVE A VIEW OF THE ENTIRE LOT WITH THE AREA OF THE PROPOSED PATIO WILL BE SHOWN IN RED.

UH, I'VE INCLUDED THE SAME ARROWS FROM OUR ARROWS FROM OUR, UH, STREET VIEWS JUST TO KINDA HELP ORIENT TO THE PROPERTY.

UH, DOWN HERE IS, IS NEW COURT PLACE COMING AROUND.

UH, THE IMAGE ON THE LEFT IS MORE OF A, LIKE A ZOOMED IN VIEW OF WHAT THE PROPOSED PATIO WAS SHOWN IN RED, WHICH I HAVE ON A SEPARATE SLIDE AS WELL.

UM, TO THE EAST OF THE PROPOSED PATIO IS AGAIN THAT OPEN SPACE LOT, WHICH IS LABELED WITH THAT RED TEXT.

UH, THIS IS A RENDERING OF WHAT THE PROPOSED PERGOLA WOULD LOOK LIKE.

WE'LL NOW, UM, GO OVER STAFF ANALYSIS FOR FINDINGS OF FACT.

THE FIRST IS UNNECESSARY HARDSHIP, INCLUDING FINANCIAL HARDSHIP.

THE PROPOSED PATIO DOES NOT COMPLY WITH THE 10 FOOT SEPARATION REQUIREMENT.

THE ARRANGEMENT OF THE PRIMARY STRUCTURE ON THIS LOT CREATES SOME CONSTRAINTS RELATED TO THE SIZE OF THE SIDE AND REAR YARD THAT ARE UNIQUE TO THE SUBJECT PROPERTY.

HOWEVER, IT SHOULD BE NOT THAT THERE IS A MINIMUM OF 24 FEET BETWEEN THE PRIMARY STRUCTURE AND THE REAR LOT LINE.

THE NEXT FINDING IS NO CHANGE IN USE.

UH, THIS VARIANCE WILL NOT AUTHORIZE ANY USE OTHER THAN THE USES THE ZONING DISTRICT ALREADY ALLOWS.

THE THIRD FINDING IS UNIQUE CIRCUMSTANCE.

THE VARIANCE MUST BE A UNIQUE CIRCUMSTANCE ON THE PROPERTY.

IN THIS CASE, THE SUBJECT PROPERTY IS LOCATED ON A WEDGE-SHAPED LOT, NOT ON A CORNER.

THE LOT SHAPE, IN ADDITION TO WHERE THE PRIMARY STRUCTURE WAS CONSTRUCTED CREATES A SITUATION WHERE THERE'S A LARGE SIDE YARD AND A SMALL REAR.

THE ORIENTATION OF THE PRIMARY STRUCTURE AND THE SHAPE OF THE LOT ARE UNIQUE CIRCUMSTANCE TO THIS PROPERTY.

WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT A GENERAL CONDITION OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.

THE FOURTH FINDING IS, DOES NOT WEAKEN THE GENERAL PURPOSE OF ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT.

SETBACK REQUIREMENTS ARE CENTRAL TO THE PURPOSE OF THE UDC SECTION THREE DASH ONE B.

PURPOSE STATES THE EIGHT THINGS THE CODE IS WRITTEN TO PROTECT, INCLUDING PROMOTE HEALTH AND GENERAL WELFARE, FACILITATE APPROPRIATE CONCENTRATION OF POPULATIONS, SECURE SAFETY FROM FIRE, PANIC, AND OTHER DANGERS, PROVIDE ADEQUATE LIGHT AND AIR AND PREVENT THE OVERCROWDING OF LAND.

IN THE CASE OF THIS PROPERTY, THE PROPOSED PATIO IS ENCROACHING ON AN OPEN SPACE LOT, NOT A RESIDENTIAL LOT.

THIS HELPS LIMIT THE POTENTIAL IMPACT THAT THE PROPOSED PATIO WOULD HAVE ON NEIGHBORING PROPERTIES.

HOWEVER, IT STILL COULD IMPACT THE OVERALL CHARACTER OF THE DISTRICT.

THE LAST FINDING IS NO ADVERSE IMPACT ON PUBLIC HEALTH, WELFARE AND SAFETY.

UH, SEPARATION DISTANCE REQUIREMENTS ARE IN PLACE FOR MANY REASONS, INCLUDING MAINTAINING FIRE SAFETY, ENSURING ENJOYMENT OF ADJACENT PROPERTIES AND PRESERVING NEIGHBORHOOD CHARACTER.

UH, AGAIN, THE LOT THAT THIS, UH, PATIO WOULD BE ENCROACHING ON IS AN OPEN SPACE LOT, NOT A RESIDENTIAL LOT, UH, WHICH HELPS TO LOWER CONCERNS AROUND FIRE SAFETY AND ENJOYMENT OF OTHER NEARBY PROPERTIES.

BUT AGAIN, IT COULD ADVERSELY IMPACT THE OVERALL CHARACTER OF THE NEIGHBORHOOD.

STAFF RECOMMENDS THAT THE ZONING BOARD OF ADJUSTMENTS HOLD THE PUBLIC HEARING AND DETERMINE IF THE CRITERIA FOR A VARIANCE HAVE BEEN MET AND APPROVE OR DENY THE VARIANCE REQUEST FROM NICK NEWTH REQUESTING A VARIANCE TO UDC CHAPTER FOUR, SECTION TWO C TO ALLOW FOR A PATIO AND PERGOLA TO ENCROACH UP TO FIVE FEET INTO THE REQUIRED 10 FOOT REAR YARD SETBACK FOR ONE 30 NEW COURT PLACE.

UH, I WILL NOW YIELD TO THE BOARD FOR QUESTIONS AND DISCUSSION WITH THESE MOTIONS.

WHAT, WHAT IS THE, UM, I GUESS TIMELINE FROM, AS FROM WHEN THIS STARTED TILL TONIGHT? DID, WAS PART OF THE STRUCTURE BUILT, IS IT ALL CURRENTLY BUILT? WERE PERMITS REQUESTED? SO THIS CAME PROBABLY A COUPLE MONTHS AGO, CAME THROUGH AS PART OF A LARGER PERMITTING LARGER PERMIT FOR A DECK.

UM, THE DECK WAS ALLOWED TO BE CONSTRUCTED.

UH, WE IDENTIFIED THAT THE PATIO, THIS PATIO WOULD BE ENCROACHING INTO THE REAR GUARD SETBACK.

AND SO THAT WAS REMOVED FROM THE ORIGINAL PERMIT TO BE DECIDED ON AS A VARIANCE.

SO THERE HASN'T, THE PATIO HAS NOT BEEN CONSTRUCTED YET.

OKAY.

YOU WANNA HAVE ANY OTHER QUESTIONS FOR THE CITY? THANK YOU.

IF THE APPLICANT WOULD LIKE TO SPEAK.

YEAH.

GOOD EVENING.

MY NAME IS NICK NTH.

UM, I JUST WANTED TO THANK BEN FOR DOING A PHENOMENAL JOB.

I DIDN'T KNOW YOU WERE GONNA DO THAT.

I THOUGHT I WAS GONNA BE INCUMBENT UPON ME TO TO, TO PRESENT IT AND HE DID A MUCH BETTER JOB THAN I WOULD'VE.

BUT YEAH, I JUST MAINLY JUST WANNA REITERATE THE FACT THAT IT'S A, IT'S A GREEN SPACE IN BACK.

THERE'S NO UTILITY RESTRICTIONS.

I DON'T FORESEE, UM, I THOUGHT ALL MY NEIGHBORS WOULD BE ON BOARD.

THERE'S ONE,

[00:40:01]

AND SO MY ONLY OTHER OPTION AS IDENTIFIED BY THE CITY WAS YOU SEE HOW IT'S ORIENTED AT AN ANGLE AND THAT'S STRICTLY FOR AESTHETICS.

I COULD DO IT THAT WAY AND BE WITHIN THE CONFINES OF THE UVC, UM, BUT I WOULDN'T DO IT 'CAUSE IT WOULD LOOK LIKE SIN AT THAT POINT.

SO, UM, IT WOULD, IT WOULD LOOK GREAT.

ALL MY NEIGHBORS AGREE THAT ARE AFFECTED.

AND UM, AND AGAIN, IT'S JUST THE CORNER TOO.

IT'S NOT THE WHOLE THING, IT'S JUST THE CORNER THAT LITTLE, THE LITTLE CORNER OF THE, IN THE NORTHEAST CORNER.

UM, YEAH, FOUR POINT SOMETHING FEET, A LITTLE, LITTLE WEDGE, BUT, UH, AND AGAIN, AND THE BACK IS JUST, UH, TOTALLY OPEN.

YEAH.

SO YOU, YOU NAILED ALL THE, ALL THE DOCK POINTS.

THANK YOU BEN.

THIS, THIS WAS PROBABLY IN THE PRESENTATION, BUT I MISSED IT.

WHAT ARE THE TOTAL DIMENSIONS OF THAT CONCRETE PATH? UH, IT'S WRITTEN, UM, OH, I DON'T HAVE IT THERE.

I THINK IT'S LIKE 11 BY 14.

I THINK IT'S 11 BY 14.

YEAH.

AND AGAIN, TOO, THE CITY IDENTIFIED, I COULD TURN IT IN THAT WAY, BUT IT JUST WOULD BE BUTT UP AGAINST THE HOUSE AND MY BEDROOM DOOR, MY BEDROOM WINDOWS WOULD LOOK RIGHT DOWN ON IT.

I JUST WOULDN'T DO IT.

IT WOULD LOOK, LOOK TERRIBLE.

SO THAT'S, UH, SO THEY, ONE OF THE QUESTIONS WAS WHAT ARE THE, WHAT'S THE COST OF NOT DOING IT THERE, THERE IS NO COST OF NOT DOING, I JUST WOULDN'T DO IT BECAUSE THE AESTHETICS WOULD BE, UM, HORRENDOUS.

ANY OTHER QUESTIONS FOR MR. NTH? HOW LONG HAVE YOU HAD THE PROPERTY? WHEN DID YOU BUY? UH, GOING ON FOUR YEARS.

FOUR YEARS IN JULY.

JUST CURIOUS.

DOESN'T REALLY MATTER.

I WAS JUST CURIOUS.

HAVE YOU CONSIDERED IT PUTTING IT IN THE SIDE YARD? EVEN THE, ON THE, ON THE, THE BIG WAY OPEN SPACE, RIGHT? NO, I DON'T WANNA PUT A HOT TUB THERE WHERE EVERYONE CAN SEE AND, AND THE KIDS PLAY, UH, UH, BLITZ BALL THERE.

THAT'S A, YOU DIDN'T SEE IT IN THE, IN THE, NOW IT'S ABOUT THE TIME OF STRAIGHT START STRIPE IN THE YARD ACTUALLY MADE A TEMPLATE.

SO THE LINES ARE TOTALLY PERFECT.

AND I, THERE'S, AT ANY ONE TIME THERE'S 16 KIDS IN THERE WITH THAT FENCE IS THE OUTFIELD FENCE.

AND SO YEAH, THAT'S, I SPOKE IT FOR .

THIS IS SORT OF A RELATED QUESTION THAT'S GONNA NOT SOUND RELATED, BUT DID YOU HELP THE DEVELOPER FIGURE OUT WHERE TO PLACE THE HOUSE ON THAT LOT? NO.

HAD I, HAD, I HAD INPUT ON THERE, THIS, WOULD THIS BE AN NON-ISSUE? NO.

YEAH, I DID NOT.

IN FACT, ACTUALLY THE HISTORICALLY THOUGH, THIS WAS ORIGINALLY SLATED FOR TWO HOUSE, TWO, TWO HOMES.

UM, BUT THEY COULDN'T FIGURE OUT HOW TO, HOW TO MAKE IT WORK WITH THE, WITH THE UNIQUE SHAPE.

AND SO THEY ENDED UP DOING ONE HENCE THE SIDE, THE BIG SIDE YARD, WHICH REALLY APPEALED TO ME FOR THE SAKE OF BLITZ BALL AND THE KIDS.

OKAY.

ANY OTHER QUESTIONS? THANKS SIR.

THANK YOU.

UM, I'VE GOT ONE FOR THE CITY.

SO HAVE YOU WALKED THAT BACK THERE? I'M SORRY? FOR THE CITY, IF THERE WERE A FIRE, COULD THEY DRAG A FIRE HOSE BACK THROUGH THERE? UH, I DON'T KNOW THAT I CAN SPEAK ON BEHALF OF OUR FIRE MARSHAL.

UM, I DO KNOW THAT WHEN WE'RE LOOKING AT FIRE SAFETY, A LOT OF IT PERTAINS TO THE SEPARATION BETWEEN HOUSES.

UH, FOR, FOR THIS TYPE OF ENCROACHMENT, I BELIEVE THAT WOULD BE THE KEY ISSUE.

UM, I DO, I DO THINK THAT THERE WILL BE ADEQUATE FIRE SAFETY ACCESS WITH THIS BECAUSE THAT'S ALL OPEN SPACE, BE GREEN SPACE BEHIND IT, RIGHT? YES SIR.

OKAY.

IS THERE ANYONE HERE TODAY IN THE AUDIENCE THAT WOULD LIKE TO MAKE ANY COMMENTS? OKAY, SO AT THIS TIME WE'LL CLOSE THE PUBLIC HEARING AND OPEN IT UP TO THE

[Consider Variance No. 26-05, A request from Nick Nuth, requesting a variance to the City of Boerne UDC, Chapter 4, Section 2.C, to allow for a patio and pergola to encroach up to 5 feet into the required 10-foot rear yard setback for Regent Park Unit 1, Phase 5A, Block 8, Lot 3 (130 Newcourt Place).]

WHAT DO YOU GUYS THINK? SEEMS PRETTY EASY TO ME.

YEAH, WE WON'T EVEN SEE IT.

YEAH, I WAS GONNA SAY PERSONALLY, I MEAN IT MAKES SENSE WHY WE HAVE A 10 FOOT RULE, BUT WHEN IT'S GREEN SPACE BEHIND IT, THERE IS NO HOME.

IT'S NOT ACTUALLY BUTTING UP TO ANYTHING.

SO THAT TAKES OUT THE FIRE HAZARD PORTION OF IT.

AND TO ME IT MAKES A LOT MORE SENSE HAVING IT BACK THERE THAN HAVING IT OUT ON THAT SIDE YARD FOR THE WORLD, THE WAVE AT THEM.

SO, UM, AND AT LEAST THEY GET TO USE SOME OF THAT SPACE BACK THERE.

MM-HMM .

YEP.

UDC IS DESIGNED TO, UH, CREATE A NICE LIVING ENVIRONMENT IN THE CITY OF BERNIE.

YEAH, I THINK THERE ARE EXCEPTIONS.

AND THIS IS ONE, CORRECT? MM-HMM .

I MOVE THAT THE ZONING BOARD OF ADJUSTMENT ACCEPT THE FINDING AND APPROVE THE VARIANCE REQUEST AS PRESENTED.

SECOND.

ALL IN FAVOR? AYE.

AYE.

AND MOTION PASSED.

FIVE ZERO.

THIS MEETING IS ADJOURNED.

THANK YOU GUYS.