* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] WE WILL NOW CALL [1. CALL TO ORDER – 5:30 PM] TO ORDER THE ZONING BOARD OF ADJUSTMENT AND APPEALS MEETING FOR THIS EVENING. AND UH, THE FIRST THING WE NEED TO DO [2. CONFLICT OF INTEREST DECLARATION] IS FIND OUT IF WE HAVE ANY CONFLICTS OF INTEREST ON THE BOARD. NOPE. OKAY. WE ARE SHORT ONE [3. DESIGNATE VOTING MEMBERS] REGULAR VOTING MEMBER THIS EVENING, WHICH MEANS WE NEED TO DESIGNATE, UH, ONE OF OUR, OUR ALTERNATES. SO I WILL DESIGNATE MELANIE TO BE OUR FIFTH VOTING MEMBER THIS EVENING. SO, UH, THE NEXT THING IS TO [4. APPROVE MINUTES OF MAY 20, 2026] APPROVE THE MINUTES OF OUR LAST MEETING ON MAY 20TH, 2026. UM, IS, CAN I GET A MOTION TO APPROVE? SO THE ONLY THING I SOUGHT ON IT WAS THAT STEVE AND CARISSA WERE ABSENT AND THEY WERE LISTED AS IN ATTENDANCE. I DUNNO IF THAT GOT CHANGED ALREADY. SORRY, I'M LOOKING AT THE OLD ONES AND OTHERWISE I CAN MAKE A MOTION TO APPROVE WITH THAT. JUDGE, CAN I GET A SECOND? RICH WILL SECOND. SO WE'LL VOTE ON THAT. MOTION IN FAVOR? SO THE MINUTES ARE APPROVED, FIVE TO ZERO. AND SO THE NEXT THING [5. PUBLIC COMMENTS] THAT WE NEED TO DO IS, UH, THIS IS A TIME FOR PUBLIC COMMENTS NOT RELATED TO WHAT WE'RE DISCUSSING ON THE AGENDA THIS EVENING. UM, SO IF THERE'S ANYONE HERE THAT WOULD LIKE TO MAKE ANY PUBLIC COMMENT NOT RELATED TO ANYTHING THAT'S ON THE AGENDA, UM, WE CANNOT TAKE ANY ACTION ON ANYTHING THAT'S DISCUSSED DURING THIS TIME, BUT THIS WOULD BE THE TIME TO DO THAT IF ANYONE HAS ANYTHING. OKAY. SO WE WILL [ Items 6 & 7] OPEN THE PUBLIC HEARING FOR UM, VARIANCE NUMBER TWO SIX DASH 12 OAK MEADOWS BLOCK ONE LOT FOUR, OTHERWISE KNOWN AS ONE 13 HUGHES STREET. AND WE WILL HEAR FROM THE CITY. GOOD EVENING. MY NAME IS BEN SIMMONS. I'M A MEMBER OF THE PLANNING DEPARTMENT. WE'LL BE PRESENTING THIS ITEM TONIGHT. THIS IS A REQUEST FOR A VARIANCE TO ALLOW A CARPORT TO ENCROACH INTO THE FRONT GARAGE SETBACK AT 1 1 3 HUGHES STREET. UH, THIS PROPERTY IS OWNED BY JASON AND MICHELLE DIANI. UH, IT IS APPROXIMATELY 0.2119 ACRES AND IS ZONED R TWO M, WHICH IS OUR MODERATE DENSITY RESIDENTIAL CATEGORY. HERE IS A ZONING VIEW. UH, AS YOU CAN SEE, IT'S ZONED R TWO M AND IS WITHIN AN EXISTING RESIDENTIAL DISTRICT WITH SOME VACANT COMMERCIAL PROPERTIES TO THE SOUTH. THIS VARIANCE REQUEST IS IN RELATION TO UDC, SECTION THREE FIVE B ONE, OUR DIMENSIONAL STANDARDS TABLE, WHICH SETS THE FRONT GARAGE SETBACK FOR THE R TWO M ZONING DISTRICT AT 25 FEET. HERE IS A STREET VIEW OF THE PROPERTY AS IT EXISTS TODAY. UH, SOME EXISTING CONDITIONS. THE CURRENT GARAGE STRUCTURE IS 24.6 FEET FROM THE PROPERTY LINE INSTEAD OF THE REQUIRED 25 FEET. BUT IT IS CONSIDERED LEGALLY NON-CONFORMING AND ALLOWED TO CONTINUE IN THIS STATE. UM, ADDITIONALLY, THE GARAGE WAS PARTLY CONVERTED WITHOUT A PERMIT BY THE PREVIOUS OWNER. UM, THE CARPORTS IN THE FRONT YARD SPACE ARE ALSO NOT THE PREDOMINANT STYLE IN THIS DISTRICT. AND OTHER HOMES IN THE AREA HAVE LIMITED FRONT YARD SPACE AS WELL. HERE ARE TWO VIEWS OF THE PROPOSED SITE PLAN. THE VIEW ON THE LEFT IS MORE OF A ZOOMED OUT VIEW WITH THE CARPORT STRUCTURE SHOWN IN TEAL AND THE APPROXIMATE LOCATION OF THAT 25 FOOT SETBACK SHOWN WITH THE RED DASH LINE. YOU CAN SEE THIS CORNER OF THE GARAGE DOES EXTEND BEYOND THAT UH, APPROXIMATE SETBACK. ON THE RIGHT PHOTO WE HAVE HUGHES STREET TOWARDS THE TOP OF THE FRAME AND THE EXISTING HOME TO THE BOTTOM. YOU CAN SEE THE CARPORT HIGHLIGHTED IN THAT TEAL COLOR BEING APPROXIMATELY 3.7 FEET FROM THE PROPERTY LINE AT THIS END AND 7.5 FEET FROM THIS END. UH, IN THE PROPOSED SITE PLAN, THE PLACEMENT OF THIS CARPORT UH, PUTS A MAJORITY OF THE STRUCTURE WITHIN THE SETBACK REPRESENTING AN ENCROACHMENT OF 85.2% OR 21.3 OF THAT 25 FEET. UH, REGARDING CITIZEN INPUT, THIS MEETING WAS RESCHEDULED A FEW TIMES. SO THERE WERE SEVERAL ROUNDS OF PUBLIC NOTIFICATION, UH, FOR THE MAILED NOTIFICATIONS. 44 WERE MAILED THE PROPERTIES WITHIN 500 FEET OF THE SUBJECT PROPERTY ONCE ON JUNE 29TH, ONCE ON JULY 30TH AND ONCE ON AUGUST 31ST. IT WAS ALSO NOTICED IN [00:05:01] THE BERNIE STAR ON JUNE 28TH, AUGUST 3RD, AND AUGUST 30TH. FOR THE FIRST ROUND OF NOTIFICATIONS, WE RECEIVED FIVE RESPONSES IN FAVOR OF THIS REQUEST AND ONE RESPONSE OPPOSED FOR THE SECOND WE RECEIVED TWO IN FAVOR AND ONE OPPOSED. AND FOR THE THIRD WE RECEIVED ONE IN FAVOR. WE'LL NOW GO TO THE FINDINGS OF FACT. UH, AS A REMINDER, ALL FIVE CRITERIA MUST BE MET FOR A VARIANCE TO BE GRANTED. UH, THE THE CRITERIA ARE PRESENTED HERE ALONG WITH STAFF ANALYSIS. UH, THE FIRST FINDING IS UNNECESSARY HARDSHIP INCLUDING FINANCIAL HARDSHIP. THE PROPOSED CARPORT DOES NOT COMPLY WITH THE MINIMUM SETBACKS AS REQUIRED PER THE UDC AND THERE DOES NOT APPEAR TO BE A HARDSHIP AS LITTLE ENFORCEMENT OF THESE STANDARDS WOULD REQUIRE THE APPLICANT TO NOT BUILD A CARPORT AND ALLOW THE CONTINUATION OF THE EXISTING LEGALLY NON-CONFORMING STRUCTURE. THE SECOND IS NO CHANGE IN USE. UH, THIS VARIANCE WOULD NOT AUTHORIZE ANY USE OTHER THAN THE USES THE ZONING DISTRICT ALREADY ALLOWS. THE THIRD IS UNIQUE CIRCUMSTANCES RELATED TO THE PROPERTY AND GENERAL CONDITIONS. UH, STAFF FINDS THAT THIS REQUEST IS A RESULT OF ACTION TAKEN BY THE OWNER OF THE PROPERTY AND THAT THE NEED FOR OUR VARIANCE FOR THIS CARPORT IS DIRECTLY RELATED TO THE APPLICANT'S DESIRE TO CONVERT THE GARAGE INTO LIVABLE SPACE. UH, ADDITIONALLY, THE LIMITED FRONT YARD SPACE IS NOT UNIQUE TO THIS PROPERTY AND NO OTHER SURROUNDING PROPERTIES HAVE A FRONT CARPORT WITH AN ENCROACHMENT TO THIS EXTENT. FOURTH, THIS DOES NOT WEAKEN THE GENERAL PURPOSE OF ORDINANCE AND ESSENTIAL CHARACTER OF THE DISTRICT. UH, APPROVAL OF THIS VARIANCE WOULD ALLOW FOR SIGNIFICANT ENCROACHMENT 85.2% INTO THE REQUIRED FRONT YARD SPACE. UH, THIS WOULD REDUCE THE OPEN AREA TYPICALLY PRESERVED ALONG STREET FRONTAGES AND MAY IMPACT SPACING. VISIBILITY IN THE DEVELOPMENT PATTERN OF THIS DISTRICT ADDITIONALLY IS NOT THE PREDOMINANT STYLE OF THIS DISTRICT TO HAVE CARPORTS IN THE FRONT YARD. THE FIFTH HAS NO ADVERSE IMPACT ON PUBLIC HEALTH. WELFARE AND SAFETY. APPROVAL OF THIS VARIANCE COULD NEGATIVELY IMPACT VISIBILITY IN NEIGHBORHOOD CHARACTER. UH, 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 JASON AND MICHELLE DEANI REQUESTING A VARIANCE TO UDC CHAPTER THREE, SECTION FIVE B ONE TO ALLOW A CARPORT TO ENCROACH 21.3 FEET INTO THE REQUIRED 25 FOOT FRONT YARD GARAGE SETBACK FROM OAK MEADOWS BLOCK ONE LOT 4 1 13 HUGHES STREET. I'LL NOW YIELD TO THE BOARD FOR DISCUSSION AND QUESTIONS. I WOULD LIKE TO MENTION THAT THE APPLICANT OWNER IS HERE IN CASE YOU HAVE ANY QUESTIONS FOR THEM. OKAY. ANYONE HAVE ANY QUESTIONS FOR CITY'S REPRESENTATIVE? OKAY, THANK YOU. THANK YOU. I SUPPOSE YOU'RE THE APPLICANT. YES. , GO AHEAD AND UH, IF YOU COULD JUST STATE YOUR NAME. OKAY. MY NAME IS MICHELLE DANI. UM, I DON'T KNOW IF Y'ALL CAN GO BACK TO ONE OF THE SLIDES WHERE IT'S SHOWING LIKE THAT, RIGHT? YES, THAT'S PERFECT. UM, SO A COUPLE THINGS I DID WANNA MENTION IS LIKE WE'VE BEEN IN THIS HOUSE SINCE 2005. WE'VE DONE A LOT TO IT, BUT WE DID INHERIT IT WITH A LOT OF PROBLEMS. UNFORTUNATELY WE HAVE PINE TREES WHICH NOBODY IN TEXAS AND AT LEAST BERNIE HAS AND IT DROPS A TON OF SAP. SO THE NEIGHBOR LIKE COMPLETELY ACROSS FROM US, LIKE WE PARK IN HIS SIDE ALL THE TIME. WE DON'T EVEN PARK ON OUR SIDE OF THE STREET. UM, BECAUSE OF THE SAP. UM, WE DID PRICE TO GET THOSE TREES REMOVED BUT IT'S LIKE ALMOST LIKE FIVE TO $6,000 A TREE. AND HONESTLY LIKE THEN WE'RE REMOVING TREES. SO WE LOOKED AT IT AND WE'RE LIKE OKAY, HOW CAN WE EVEN REMOVING THE TREES DOES NOT SUFFICE TO PROTECT US FROM WEATHER OF RELATED EVENTS SUCH AS HAIL LIKE, WHICH WE'VE HAD MULTIPLE TIMES LIKE WE'VE HAD TO REPLACE OUR CARS. UM, AS FAR AS THE CLOSING IN OF THE GARAGE, THAT WOULD BE AN ADDED BONUS TO IT IF WE GOT THE CARPORT, I MEAN WE'VE HAD THIS GARAGE, IT'S LIKE TECHNICALLY A GARAGE, IT'S SEVEN FEET DEEP. SO IF YOU OPEN IT, AND I THINK THEY DID THIS ON PURPOSE, I CAN'T SAY THAT THEY DID OR DIDN'T, BUT WHEN YOU OPEN THE GARAGE IT LOOKS LIKE YOU HAVE A GARAGE BUT YOU ONLY HAVE LIKE EIGHT FEET. AND SO WE EVEN THOUGHT LIKE OKAY, DO WE JUST LIKE REMOVE OUR LIVING ROOM? 'CAUSE THEY CONVERTED THAT INTO LIVING ROOM. JUST SO YOU KNOW WHAT THAT IS NOW IS LIVING ROOM SPACE. AND UM, SO WHEN WE THOUGHT ABOUT THIS WE'RE LIKE OKAY, IF WE ADD THIS CARPORT AND WHEN WE FIRST GOT THIS BID, IF YOU LOOK, THE REASON WHY I DIDN'T THINK IT WAS GONNA BE A PROBLEM IS THERE'S AN ADDITIONAL WHICH IS NOT ON HERE. UM, BUT IF YOU SEE WHERE THE GREEN LINE IS ON THE PICTURE ON THE LEFT, THERE'S LIKE ANOTHER ALMOST 10 FEET TO THE STREET. SO THERE'S LIKE 10 FEET BEFORE YOU EVEN GET TO OUR PROPERTY LINE. AND THEN YOU HAVE ANOTHER SEVEN TO THREE DEPENDING ON IT. 'CAUSE WE ARE ON A CUL-DE-SAC. UM, SO ANYWAY, JUST [00:10:01] WANTED TO LIKE GIVE SOME ADDITIONAL CONTEXT 'CAUSE IT WASN'T THAT WE JUST WANT TO CLOSE IN THE GARAGE. IT'S UNUSABLE SPACE. IF I'M JUST BEING HONEST, UM, IT WOULD BE AN ADDED BONUS BECAUSE I DO WORK FROM HOME TO TURN THAT INTO LIKE AN OFFICE. SO, BUT YEAH. DO YOU KNOW, I'M HAPPY TO ANSWER ANY QUESTIONS. DO YOU KNOW HOW MANY FEET FROM THE STREET THE FRONT OF THE CARPORT WOULD END UP BEING? I DO. UM, I HAD TO TURN OFF MY PHONE, RIGHT. 'CAUSE OF THE THING. BUT I DID HAVE MEASUREMENTS. IT WAS LIKE, UM, 15, LET ME THINK ABOUT THAT. LIKE I SAID, IT WAS LIKE ALMOST 17 ON ONE SIDE AND LIKE 15 SOMETHING ON THE OTHER. OKAY. UM, AND I ALSO LIKE WHEN WE SENT OUT FOR THE CARPORT, LIKE TO BEN'S POINT, IT GOT RESCHEDULED MULTIPLE TIMES. UM, AND SO WHEN YOU SEE THE DECREASE IN THE RESPONSES, IT'S BECAUSE THEY THOUGHT THEY DIDN'T HAVE TO FILL OUT AGAIN. UM, IN FACT ACTUALLY THE THIRD TIME IT WENT OUT SAYING THAT THEY DID NOT HAVE TO RESPOND IF THEY HAD ALREADY RESPONDED MULTIPLE TIMES. SO I THOUGHT IT WAS WEIRD THAT THEY SHOWED THAT ONLY ONE PERSON RESPONDED. UM, BUT THAT'S WHATEVER. UM, AND MY DIRECT NEIGHBORS LIKE ACTUALLY ALMOST ALL OF MY NEIGHBORS AROUND, LIKE I SHOWED THEM WHAT WE'RE PROPOSING TO DO. IT'S NOT GONNA BE A CHEAP METAL CARPORT. I MEAN IT'S BEING ATTACHED INTO THE ROOF LINE. UM, IF YOU LOOK AT THE NEIGHBORHOOD, I DON'T KNOW IF ANY OF Y'ALL GOT A CHANCE TO DRIVE BY, BUT LIKE WE DO LIVE IN AN OLDER PART OF BERNIE, I DON'T THINK THAT IT WOULD LOOK ODD FOR WHERE IT'S AT. UM, SO, BUT ANYWAY, I'M, I'LL ANSWER ANY QUESTIONS. YEAH. THANK YOU. YOU ANYONE HAVE ANY QUESTIONS? NOT TO RAT OUT OTHER NEIGHBORS, BUT HAVE OTHER NEIGHBORS CONVERTED THEIR GARAGES TO LIVING SPACE AND SO THEY'RE JUST PARKING THEIR CARS IN THE DRIVE WITHOUT THE ONLY OTHER PERSON. THERE'S ONE NEIGHBOR THAT LIKE, SO IF YOU CO IF YOU DO LIKE A CUL-DE-SAC VIEW, UM, NOT MY IMMEDIATE BUT THE NEXT ONE OVER, UM, THAT HOUSE WAS ALSO BUILT LIKE IN THE EIGHTIES AND I THINK SHE HAS NOT HAD A GARAGE FOR OVER LIKE 15, 20 YEARS. UM, I DON'T KNOW, I THINK THEY CONVERTED THAT INTO AN OFFICE. SO THAT'S BEEN 15, 20 YEARS AS WELL THAT THEY, AND SO SHE'S ACTUALLY INTERESTED IN HOW THIS IS PLAYING OUT BECAUSE SHE AS WELL WAS LIKE, I NEED SOMETHING TO PROTECT MY CAR. AND NOW SHE'S LIKE SEEING WHAT'S HAPPENING AND SHE'S LIKE, I PROBABLY CAN'T EVEN ADD A CARPORT. YEAH. SO SHE HAS A LITTLE BIT DIFFERENT SITUATION 'CAUSE I THINK SHE CAN BUILD ON THE SIDE OF HER HOUSE, UM, BECAUSE SHE HAS A DRIVEWAY THAT GOES BACK. SO MAYBE SHE COULD DO THAT. BUT SHE'S JUST SEEING SOME OF THE CHALLENGES LIKE WITH THIS UNFORTUNATELY. YEAH. THANK YOU. DO YOU KNOW, ARE THERE RESTRICTIONS ON REMOVING THOSE TREES EVEN IF YOU WANTED TO? 'CAUSE I KNOW A LOT OF TREES, I HAVEN'T EVEN LOOKED INTO THAT. YEAH, A LOT OF TIMES THEY'RE VERY MATURE. I MEAN THEY'RE AMAZING TREES AND THE SHADE THAT THEY PROVIDE TO OUR HOUSE, I CAN ONLY IMAGINE IF I REMOVE THEM. RIGHT. AND THE TREE ROOTS AND EVERYTHING ELSE THAT GOES ALONG WITH IT. THESE TREES ARE PROBABLY, IF YOU GO BACK YOU'LL SEE THE PICTURE WHERE IT'S ZOOMED OUT. UM, I MEAN THESE TREES ARE PROBABLY 40. I DON'T EVEN KNOW, LIKE, I DON'T KNOW WHERE THE TREE PICTURE IS, BUT YOU'LL SEE RIGHT THERE. I DON'T KNOW IF YOU CAN LIKE MY HOUSE IS WHAT PROBABLY, I DON'T KNOW WHAT A NORMAL CEILING IS, 10. YOU PROBABLY HAVE ANOTHER 10 OR EIGHT IN YOUR, YOU CAN SEE HOW TALL THOSE, THOSE TREES ARE. THAT'S PRETTY, PRETTY MASSIVE. THERE'S ACTUALLY A THIRD ONE WHICH YOU'RE NOT SEEING, UM, AT THE LEFT OR THE RIGHT HAND SIDE CORNER. SO WE HAVE THREE TOTAL. UM, AND IT JUST DROPS SAP ONTO OUR VEHICLES. SO THAT'S WHY WE DON'T PARK IN THE DRIVEWAY AND WE DON'T EVEN PARK IN FRONT OF OUR HOUSE BECAUSE OF IT. AND YOU CAN SEE ALL THE PINE NEEDLES ACTUALLY IN THE STREET, WHICH IS FUN. YEAH. AND I THOUGHT I ATTACHED, I DON'T KNOW IF Y'ALL GOT A COPY OF IT, BUT I DID ATTACH LIKE A CHAT G-P-D-G-P-T DRAWING OF LIKE WHAT IT POTENTIALLY COULD LOOK LIKE. UM, I KNOW THAT'S JUST A GPT DRAWING, BUT LIKE TO GIVE YOU AN IDEA, LIKE AGAIN, IT WOULD MATCH THE ARCHITECTURAL SHINGLES COMING OUT. UM, AND THEN IT WOULD HAVE ROCK AROUND THE BASE. UM, SO IT WILL BE OPEN, IT WILL NOT BE ENCLOSED ON THE SIDES TO WHERE PEOPLE WILL STILL HAVE VIEW, LIKE IF YOU WERE WALKING OR BACKING OUT OF YOUR DRIVEWAY, LIKE IN MY NEIGHBOR'S SITUATIONS. OKAY. ANY OTHER QUESTIONS? BUT YOU'VE GOTTEN THE, UH, ESTIMATE FROM A, FROM A BUILDER. OKAY. MM-HMM . YES. AND THAT'S WHAT STARTED WAS LIKE, I DIDN'T EVEN KNOW LIKE THIS WOULD EVEN BE AN ISSUE. THEY CAME AND GAVE US A QUOTE AND THEY CAME UP TO THE CITY AND HE'S LIKE, HEY, SO I DON'T THINK YOU'RE GONNA BE ABLE TO DO THIS. AND I'M LIKE, WHAT DO YOU MEAN? AND THEN THAT'S WHEN HE EXPLAINED IT. AND ACTUALLY ON THE ORIGINAL, UM, PLAN, [00:15:01] WE WERE TOLD THAT IT WAS A 20 FOOT BUILDING SETBACK, SO WE KNEW IT WAS GONNA BE ENCROACHING A LITTLE BIT, BUT THEN WHEN WE ACTUALLY SUBMITTED ALL THE PAPERWORK, THEY WERE LIKE, WE'VE ACTUALLY INCREASED IT SO IT'S NO LONGER A 20 FOOT SETBACK. IT'S 25 NOW. WHICH THEN MY HOUSE WOULD EVEN ALREADY, LIKE WE HAD MENTIONED ON THAT ONE CORNER IS ALREADY OUT OF COMPLIANCE. SO, SO IT'S ANOTHER FIVE FEET THAT I DIDN'T EVEN KNOW WE HAD TO BE BUILDING BACK FROM. THANK YOU VERY MUCH. OH YEAH. THANK YOU. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THE SUBJECT THAT WE'VE GOT ON OUR AGENDA? OKAY. WE'LL CLOSE THE PUBLIC HEARING AND ENTER INTO OUR BOARD DISCUSSION. UM, SO I KNOW WE HAVE SOME NEW FOLKS ON THE BOARD AND SO THIS IS THE TIME THAT WE WILL DIS KIND OF DISCUSS AMONGST OURSELVES. IF WE DO HAVE OTHER QUESTIONS THAT COME UP, WE CAN, WE CAN BRING, UH, OTHER PEOPLE UP IF WE NEED TO, BUT TYPICALLY WE JUST KIND OF GO AROUND AND AND SHARE THOUGHTS. UM, SO I'LL JUST START DOWN HERE. IS THERE ANYTHING THAT, ANY THOUGHTS THAT YOU HAVE SO FAR? UM, I MEAN MY FIRST THOUGHT IS, YOU KNOW, PARAMETERS OF WHAT YOU CAN DO AS A BOARD MM-HMM . SO THAT KIND OF IS WHERE IT STARTS AND STOPS I THINK. RIGHT. UM, I I THINK THE THING THAT STANDS OUT TO ME IS THE AMOUNT OF SPACE THAT IT ENCROACHES INTO THE SETBACK. ALRIGHT. WE'RE AT 80 SOMETHING PERCENT MM-HMM . CAR. ANY THOUGHT TO ME, PROBABLY THE CRITERIA UNFORTUNATELY WE HAVE TO MEET, HAS TO MEET EACH ONE OF THOSE FIVE. AND IT DOESN'T APPEAR TO, YOU KNOW, IN THIS CASE HOW NICE IT LOOKS AND HOW NICE IT WOULD BE FOR THE HOMEOWNER. UM, SO RICH, I CERTAINLY FEEL YOUR PAIN ABOUT TSAP ON THE CARS. YES. AND HAVING TO PARK ON THE STREET, WHICH I THINK IS A PUBLIC SAFETY ISSUE, EVEN THOUGH IT'S NOT PROHIBITED. UH, I'D BE IN FAVOR OF CARPORT MM-HMM . JUST TO GET THE CAR OFF THE STREET AND MAKE THE STREETS MORE OPEN. AND, UH, I DON'T THINK IT DETRACTS FROM THE NEIGHBORHOOD. MOST OF THE NEIGHBORS AGREE WITH DOING IT. MM-HMM . I DON'T SEE AN ISSUE. OKAY. I WILL SAY WE PARKED ONE, WE HAVE FOUR VEHICLES AND WE PARKED ONE OF OUR VEHICLES ACTUALLY AT MY NEIGHBOR'S HOUSE BECAUSE I FEEL BAD LIKE TAKING UP THE STREET , IF I, I MEAN YOU'LL SEE OUR TRUCK, LIKE IF YOU GO IT'S, IT'S NOT EVEN HER BECAUSE WE'RE PARKING IN HER DRIVEWAY FOR THAT REASON. SO ANYTHING LAURA? NO. I TEND TO AGREE WITH RICH. LIKE I, I MEAN IT'S, THIS IS A TOUGH ONE BUT I DO THINK IT, THEY DON'T EVEN HAVE SIDEWALKS. SO THE FACT THAT THEY CAN PARK IN THEIR DRIVEWAY AND NOT BE TAKING UP THAT STREET SPACE SEEMS TO ME LIKE A BETTER OPTION THAN HAVING THEM PARK IN THE STREET ALL THE TIME. NO, IT SOUNDS LIKE IF YOU HAVE FOUR VEHICLES, TWO OF THEM MIGHT GO INTO THE CARPORT AND TWO WOULD STILL STAY AT THE STREET, RIGHT? TWO WERE STILL YEAH. YEAH. UNFORTUNATELY UNTIL YOU KICKED THOSE KIDS OUT. NO, I'M JUST KIDDING. . . MELANIE, DO YOU HAVE ANY THOUGHTS THAT HAVEN'T ALREADY BEEN, UM, JUST, UH, THE ONE THE CITY MADE ABOUT KIND OF THE VIS THE VISIBILITY? UM, I'M WONDERING, LOOKING AT THE MAP, UM, HOW MUCH TRAFFIC HUGHES GETS. I WONDER IF IT'S A CUT THROUGH STREET. MY CONCERN WOULD BE IF OTHER CARS, IF, IF THE CARPORT IS BLOCKING A LINE OF SIGHT FOR VEHICLES, BUT THIS, I DON'T KNOW HOW MUCH THIS ROAD HAS TRAVELED. I MEAN, I THINK YOU LIKE A CULDESAC TO ANOTHER CUL-DE-SAC. RIGHT. A LOT OF TRAFFIC UNLESS YOU MAYBE MAKE A MISTAKE, RIGHT? MM-HMM . MM-HMM . OR NOT A MAIN THIRD WAY, IF THAT MAKES SENSE. MM-HMM . WELL, WITH THE SIDES BEING OPEN, I DON'T REALLY, I MEAN IF YOU RIGHT, IT'S NOT, IT'S ALL OPEN. IT'S REALLY JUST A COVER ON TOP. MM-HMM . THAT I DON'T KNOW WHAT IT WOULD BE BLOCKING. IF YOU LOOK AT THE PICTURE, THE CURVE THAT SHE'S ON, SHE'S COMING. IF YOU'RE COMING FROM THE RIGHT SIDE OF THE ROAD, IT WOULDN'T HINDER A VISUAL. RIGHT. THAT'S A FOR A DRIVER. SO IT'S LIKE THE ANGLES. YEAH. I THINK FOR ME THIS IS ONE OF THOSE THAT IS KIND OF, UM, I, I LIKE THE IDEA OF HAVING A CARPORT. I, I FEEL YOUR PAIN. I DON'T HAVE A GARAGE WHERE I LIVE AND WE HAVE LOTS OF SAPPY TREES AND I AGREE IT'S A PAIN. UM, AND I THINK IT WOULD LOOK NICE [00:20:01] AND MOST OF YOUR NEIGHBORS ARE ON BOARD WITH IT. UM, AS A BOARD WE ALSO HAVE TO MAKE SURE THAT WE'RE MEETING CERTAIN CRITERIA TO MAKE SURE THAT WE'RE LOOKING AT ALL THESE EQUALLY AND FAIRLY WHENEVER WE'RE WE'RE PRESENTED WITH A REQUEST LIKE THIS. AND I'M HAVING A LITTLE BIT OF A HARD TIME PERSONALLY FINDING A HARDSHIP THAT, THAT, THAT I COULD SAY, UM, VALIDATES THIS REQUEST. BUT I MEAN, THE DAMAGE TO THE CARS IS DEFINITELY THING 'CAUSE THAT'S, THAT RUINS YOUR CARS. CARS, YOUR CARS ARE NOT CHEAP. YEAH. AND I, AND THIS WILL SOUND REALLY BAD, BUT I'M JUST GONNA SAY IT. WHEN WE BOUGHT THIS HOUSE, WE WERE IN A VERY DIFFERENT FINANCIAL POSITION THAN WE ARE NOW. WE HAVE, IT'S BAD. WE HAVE NICER VEHICLES AND I DON'T DUNNO, I'M JUST BEING HONEST, I DON'T KNOW MM-HMM . UM, AND THIS IS WHY WE'RE LIKE, NOW WE WANT TO PROTECT OUR VEHICLES, RIGHT. UM, WHEN WE TALK ABOUT UNNECESSARY HARDSHIP, LIKE WE RAISED OUR KIDS, LIKE MY SON'S 16, HE'LL BE, HAVE BEEN BORN IN THIS HOUSE AND LIKE OUR PLAN WAS TO STAY IN THIS HOUSE. LIKE MY HUSBAND'S LIKE, WE CAN'T CONTINUE WITHOUT SOME TYPE OF PROTECTION FOR OUR VEHICLES. AND IT'S JUST SAD BECAUSE LIKE, I DON'T WANT TO MOVE, LIKE WE'VE BEEN HERE SINCE 2005 AND IT'S JUST GOTTEN TO THE POINT WHERE IT'S LIKE, WE LIVE THERE BECAUSE WE BOUGHT THAT HOUSE AND WE MADE IT OUR OWN. LIKE WE'VE REMODELED THE KITCHEN, YOU KNOW, WE'VE DONE THINGS LIKE MAKE THIS HOUSE CARS AND IT'S SAD THAT IF WE WOULD HAVE TO LIKE LEAVE BECAUSE WE CAN'T HAVE CARDBOARD AND WE CAN'T, WE CANNOT MAKE THE GARAGE A GARAGE AGAIN. LIKE WE LOOKED INTO THAT. I MEAN THE, THE COST TO DO THAT. AND THEN YOU'RE LOSING SQUARE FOOTAGE BECAUSE THE HOUSE IS NOT A VERY LARGE HOUSE. SO, LIKE I SAID, AS FAR AS HARDSHIP, THAT WOULD BE OUR HARDSHIP IS LIKE FINANCIALLY. YEAH. PRODUCING SQUARE FOOTAGE. I CAN SEE THE CARS ON THE STREET TOO. YOU KNOW, THERE'S SOME STREETS IN BURN WHERE IT'S ONE CAR CAN GO DOWN THE STREET, YOU KNOW, TWO, THERE'S A, YEAH, THERE'S A COLLISION AT SOME POINT. SO IT DOES MAKE SOME SENSE THERE. WE'VE ACTUALLY HAD, ONE OF OUR NEIGHBORS DID GET THEIR CAR HIT LIKE IN THE MIDDLE OF THE NIGHT. I'M SURE SOMEBODY JUST WAS, TOOK THE WRONG TURN AND THEN LIKE TOOK THEIR CAR. UH, WHAT WAS IT? ? UH, HELLO. UH, FRANKIE LINDER, UH, ASSISTANT PLANNING DIRECTOR HERE AT THE CITY OF BERNIE. I JUST WANTED TO DO A BRIEF INTRODUCTION AND JUST TO REMIND THE, UH, COMMISSION, EXCUSE ME, THE BOARD THAT THE HARDSHIP NEEDS TO BE UNIQUE AND BASED ON THE PROPERTY. UM, THAT IS WHAT'S CODIFIED IN OUR, UH, UNIFIED DEVELOPMENT CODE AS WELL AS IN THE LGC OR LOCAL GOVERNMENT CODE. SO JUST TO REMIND YOU THAT AS YOU'RE, UH, ANALYZING THE FINDINGS OF FACTS, THAT HARDSHIP NEEDS TO COME BACK TO BEING NON-FINANCIAL AND IT NEEDS TO COME BACK TO BEING SOMETHING UNIQUE TO THE SITE. OKAY. THANK YOU. THANK YOU. ANYONE HAVE ANY OTHER COMMENTS OR QUESTIONS OR WOULD LIKE TO MAKE A MOTION? I DID WANNA MENTION SOMETHING. UM, WITH SO MANY NEIGHBORS BEING INTERESTED IN THE CARPORT, IT DOES FEEL A LITTLE LIKE A TIPPING POINT. JUST A THOUGHT. AND I, I GUESS TO, TO FOLLOW UP ON THAT IS, UM, THAT WE DON'T SET ANY PRECEDENTS IN ANY DECISION THAT WE MAKE. IT'S, IT'S EVERY, EVERYONE IS CONSIDERED A UNIQUE SITUATION. SO ALTHOUGH THAT IS SOMETHING TO CONSIDER, WE MAY START SEEING MORE OF THESE, BUT THAT DOESN'T MEAN THAT EVERYONE'S GONNA BE THE SAME. I THINK THERE'S ONLY ONE PERSON MIGHT EVERYBODY. OKAY, WELL LIKE I MOVE, I MOVE APPROVE. UH, VARIANCE NUMBER 26 12. OH THAT OWNS BLOCK ONE LOT. 4 0 1 15 HOUSTON. I'LL SECOND THAT. OKAY, SO WE WILL PUT THAT TO A VOTE. UM, WE WOULD LIKE TO VOTE THE, THE, THE MOTION IS TO APPROVE THE VARIANCE, JUST TO REITERATE THAT SO WE CAN PUT IT TO A VOTE. NOW ALL THOSE IN FAVOR, ALL THOSE AGAINST. SO CAN I GET A REMINDER ON THE VOTE COUNTS AND HOW THAT WORKS? I KNOW WE'RE AT A, YEAH, SO THE MOTION PASSES. PASSES THREE TO TWO. OKAY. MOTION PASSES THREE TO TWO. AND MEETING IS ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.