Oct 11, 2022 Board of Adjustments

OKAY.

[ AGENDA BOARD OF ADJUSTMENTS CITY OF LEANDER, TEXAS Pat Bryson Municipal Hall, Council Chambers 201 North Brushy Street - Leander, Texas October 11, 2022 at 6:00 PM]

[00:00:06]

I APOLOGIZE FOR THE DELAY.

UM, WE'RE GONNA HAVE AN OPEN MEETING TO CONFIRM.

A QUORUM IS PRESENT.

IT IS 6:18 PM DO WE GIVE A DATE TODAY? OCTOBER 11TH.

AND IT'S THE BOARD OF ADJUSTMENT MEETING? YES.

AND WE NEED A WHAT STATE? THE MEETING THAT WE'RE HAVING, THE BOARD OF ADJUSTMENT AND THE MEETING.

WE'RE GONNA HAVE A BOARD OF ADJUSTMENTS.

ALL RIGHT.

AND CONFIRM THE QUO IS PRESENT.

AND CAN WE CONFIRM A QUORUM IS PRESENT? THANK YOU.

OKAY.

OKAY.

LET'S SEE.

AND THEN RIGHT HERE, COMMISSION NEED TO MOTION.

WE'RE MOVING.

READ THE SECOND.

WE'RE MOVING RIGHT TO THE CONSENT AGENDA.

WRAP UP.

OH, RIGHT HERE.

YOU'RE MOVING INTO THE CONSENT AGENDA, THEN READ THIS.

ALL RIGHT.

GOOD.

I APOLOGIZE FOR THE SCHOOLING HERE.

UH, WE GET THIS ONCE A YEAR, SO I DON'T HAVE THIS MEMORIZED.

ALL RIGHT.

SO

[ CONSENT AGENDA: ACTION]

UH, ACCEPTANCE OF MINUTES FOR MEETING.

HOLD ON.

JULY 27TH, 2021.

IS THAT CORRECT? YES, SIR.

COMMISSION NEED A MOTION AND A SECOND TO VOTE? MAKE A MOTION PLEASE.

A MOTION.

OKAY.

A SECOND.

SECOND.

ALL RIGHT.

ALL RIGHT.

UH, WE'RE GONNA CONDUCT A PUBLIC HERE.

NO, YOU NEED TO ASK FOR VOTE.

SORRY.

WE'RE GONNA ASK FOR A VOTE.

ALL THOSE IN FAVOR? ALL THOSE IN FAVOR? RAISE YOUR HAND.

IT'S UNANIMOUS.

IT'S UNANIMOUS.

OKAY.

NOW I CAN READ.

OKAY.

ALL RIGHT.

BEAR WITH ME, GUYS.

UH,

[3. Conduct a Public Hearing regarding Board of Adjustment Case 22-VA-005 to request a variance to the Composite Zoning Ordinance, Article IV, Section 5 (e) to allow for the installation of a carport in front of the dwelling on one (1) lot, approximately 0.15 acres ± in size, legally described as Lots 27 and 28, Block G of the Mason Creek North, Section 1 Subdivision, more particularly described by Williamson Central Appraisal District Parcel R080068; and more commonly known as 825 Coyote Lane, Leander, Williamson County, Texas. Discuss and consider action regarding Board of Adjustment Case 22-VA-005 as described above. ]

UH, WAS IT 14? YEAH.

14.

SECTION FIVE.

UH, E TO ALLOW FOR THE INSTALLATION OF A CARPORT IN FRONT OF THE DWELLING ON ONE LOT APPROXIMATELY ZERO POINT 15 ACRES IN SIZE, LEGALLY DESCRIBED AS LOTS 27 AND 28 BLOCK G OF THE MADISON CREEK NORTH SECTION ONE SUBDIVISION, MORE PARTICULARLY DESCRIBED BY WINSTON CENTRAL APPRAISAL DISTRICT PARCEL R 0 8 0 0 68.

AND MORE COMMONLY KNOWN AS 8 25 TOYOTA LANE.

LEANDER, WILLIAMSON COUNTY, TEXAS.

UH, I GUESS WE'RE READY FOR YOU TO SPEAK, RIGHT, JUSTIN? WE'LL STEP OKAY.

GO AHEAD, SIR.

ALL RIGHT.

GOOD EVENING BOARD AND EVERYONE IN ATTENDANCE.

MY NAME'S JUSTIN HUNT.

I'M A CITY PLANNER, UM, WITH THE CITY.

AND, UM, I'LL BE PRESENTING BOTH CASES THIS EVENING.

UH, I KNOW IT'S BEEN A WHILE SINCE WE'VE DONE THIS, SO I'M GONNA GO OVER A LITTLE BIT OF WHY WE'RE HERE.

UH, A BOARD OF ADJUSTMENT IS ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO 11.008 OF THE TEXAS LOCAL GOVERNMENT CODE AND CITY CHARTER.

THE BOARD OF ADJUSTMENT HAS THE POWER TO EVALUATE AND APPROVE VARIANCES IF THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.

IF THERE'S A SPECIAL CONDITION LIKE TOPOGRAPHY OR AN IRREGULARLY SHAPED LOT THAT WOULD CAUSE AN UNNECESSARY HARDSHIP BY THE ENFORCEMENT OF THE ORDINANCE.

AND IF THE SPIRIT OF THE ORDINANCE IS OBSERVED AND SUBSTANTIAL JUSTICE IS DONE, THE BOARD, UH, SHALL HAVE NO AUTHORITY TO CHANGE ANY PROVISION OF THIS ORDINANCE.

AND ITS JURISDICTION IS LIMITED TO HARDSHIPS AND BORDERLINE CASES.

IN OTHER WORDS, UH, THE HARDSHIP CANNOT BE SELF-INFLICTED AND MUST MEET THE ESSENCE OF THE ORDINANCE.

UM, SO THIS IS A PUBLIC HEARING TO DISCUSS AND CONSIDER ACTION ON VARIANCE CASE 22 VA FIVE.

UM, THE ORDINANCE PROVIDES THE BOARD OF ADJUSTMENT WITH THE POWER TO EVALUATE AND APPROVE VARIANCE REQUEST.

DURING THIS REVIEW, THE BOARD OF THE BOARD NEEDS TO EVALUATE THE FINDINGS EFFECT TO DETERMINE IF THE VARIANCE MAY BE APPROVED.

THE APPLICANT IS REQUESTING A VARIANCE FROM THE COMPOSITE ZONING ORDINANCE TO ALLOW FOR A CARPORT TO BE PLACED IN FRONT OF THE MAIN BUILDING AND TO ENCROACH INTO THE FRONT SETBACK.

IN REGARDS TO THE CARPORT BEING PLACED IN THE FRONT OF THE HOME, THE ORDINANCE REQUIRES THAT CARPORTS ARE EITHER PLACED TO THE SIDE OR BEHIND THE HOUSE.

IN REGARDS TO ENCROACHING ON THE FRONT SETBACK, THE ORDINANCE STATES THAT CARPORTS MUST FOLLOW GARAGE SETBACKS AND MEET THE MINIMUM 18 FOOT DRIVEWAY PARKING STANDARDS.

THE PROPERTY IS LOCATED WITHIN THE MASON CREEK NORTH SUBDIVISION.

THIS SUBDIVISION IS SUBJECT TO AN 18 FOOT FRONT

[00:05:01]

I'M GONNA GO OVER SOME AERIALS HERE.

THIS IS THE SUBJECT PROPERTY.

THIS IS THE PUBLIC NOTIFICATION THAT WAS SENT OUT WITHIN 200 FEET.

THIS IS THE PORTION OF THE ORDINANCE THAT STATES THE 18 FOOT.

IT'S A SFL ZONED LOT, WHICH IS TYPICALLY A FRONT BUILDING SETBACK, BUT THE ASTERISK NEXT TO IT KIND OF GOES DOWN BELOW AND IT KIND OF GIVES THE GARAGE STANDARD.

IN NO CASE SHALL THE GARAGE BE CLOSER TO THE ROAD THAN RIGHT OF WAY THAN 18 FEET.

AND THIS IS KIND OF A LARGE AREA, UH, AERIAL VIEW OF THE SUBJECT PROPERTY AND THE SURROUNDING LOTS.

AND PRETTY MUCH ANY CARPORT WOULD BE ALLOWED ON THE SIDE OR THE REAR OF THE PROPERTY.

THEY WOULD HAVE TO PROVIDE ACCESS.

AND RIGHT NOW IT'S BEING PROPOSED UP HERE WHERE YOU CAN KIND OF SEE WHERE THE TRUCK IS RIGHT NOW.

SO THIS REQUEST DOES NOT MEET THE FINDINGS EFFECT AND IS NOT CONSISTENT WITH THE SPIRIT OF THE ORDINANCE.

THE CURE FOR THIS COULD COME FROM AN ORDINANCE AMENDMENT, UH, FROM THE CITY COUNCIL, OR IF THE APPLICANT WERE TO SUBMIT A PUT ZONING CHANGE THAT ESTABLISHES THE STANDARDS AND ALSO APPROVED BY THE, THE COUNCIL, UH, STACK STAFF RECOMMENDS DENIAL OF THIS REQUEST, AND I'LL BE AVAILABLE FOR QUESTIONS FOLLOWING THE PUBLIC HEARING.

OKAY.

IS THE APPLICANT PRESENT? UH, WOULD LIKE TO MAKE A STATEMENT? YEAH.

AND IF YOU DON'T MIND, SIR, JUST MAKE SURE YOU SPEAK, UH, SAY YOUR NAME FOR US.

MY NAME IS KEITH MARSH.

I'M PARTIAL OWNER OF 8 25 COYOTE LANE.

AND I HAVE DEALT WITH MR. HUNT, UH, NUMEROUS TIMES IN THE PROCESS OF A LEARNING EXPERIENCE.

I STARTED OUT TRYING TO GET A BUILDING PERMIT, WHICH BEING A GOOD LITTLE BOY SCOUT, I KNEW I HAD TO HAVE.

WELL, AFTER TWO OR THREE MONTHS OF DEALING WITH THEM, THEY SAID, I NEED A VARIANCE.

SO THEN I SUBMITTED THE PAPERWORK FOR A VARIANCE WITH HIS HELP AND A FEW OTHER PEOPLE.

AND I'M HERE TONIGHT.

THE PROBLEM IS I'M IN AN OLDER DEVELOPED NEIGHBORHOOD.

IT IS BASED OFF OF A TRAILER PARK.

I'M ACTUALLY SITTING ON TWO PA TRAILER LOTS.

IT'S ONLY 63 FEET WIDE TOTAL.

I CAN'T GET AROUND EITHER END OF THE HOUSE TO GET TO THE BACKYARD.

I DON'T HAVE ROOM FOR FOOTINGS OR ATTACHMENTS TO THE SIDE OF THE HOUSE BECAUSE OF A MAJOR OAK TREE THAT I WOULD HATE TO CUT DOWN BECAUSE IT'S MY ONLY SOLAR BLOCK FROM THE SOUTH DURING THE SUMMER.

SO I AM STUCK WITH ONE LOCATION AND ONE LOCATION ONLY THAT I CAN FEASIBLY PUT A CARPORT.

NOW, THIS IS NOT AN UGLY LEGGED CARPORT LIKE MANY OF THE PEOPLE IN MY NEIGHBORHOOD HAVE.

THIS IS A TWO LEGGED CARPORT THAT COMES UP AND IS GALLING OUT OVER THE CONCRETE.

THE CANOPY IS TRANSPARENT OR TRANSLUCENT.

IN OTHER WORDS, YOU CAN KIND OF SEE THROUGH IT.

THERE'S HEDGES DOWN BOTH SIDES OF MY PROPERTY.

THE NEIGHBORS HAVE, SO I WOULDN'T INTERFERE WITH THEM.

IT IS 11 FEET BACK.

THAT'S THE FURTHEST I CAN PUT IT BACK WITHOUT THE FOUNDATION FOR THIS CARPORT GOING INTO THE ROOT BALL OF THAT OAK TREE.

OTHERWISE, I WOULD'VE TRIED FOR THE 18 FEET, WHICH I CAN'T.

SO AT THIS POINT, IT'S UP TO Y'ALL TO EITHER LET ME WASTE $4,000 FOR THE CARD PORT THAT'S BEEN LAYING THERE IN BOXES SINCE MAY, AND THEY ALMOST A THOUSAND DOLLARS TO GET TO THIS POINT IN THE HEARING, OR APPROVED.

AS A LOCAL CITIZEN, A LANDOWNER.

I FEEL I HAVE THE RIGHT TO DO WHAT I WANT ON MY LAND.

AS LONG AS IT DOESN'T AFFECT ANYBODY ELSE.

THE CARPORT WOULD RELIEVE MANY HOURS OF STRESS AND WORRY ABOUT HAIL STORMS. MY LAST TRUCK I

[00:10:01]

SO I SAID, FINE, A BUY NEW TRUCK.

WELL, I ORDERED A TOYOTA LIKE A FOOL.

I DIDN'T LOOK AT ALL THE STICKS.

THIS TOYOTA HAS WHAT THEY CALL PANORA SUNROOF.

IN OTHER WORDS, THREE QUARTERS OF A DUAL CAB TRUCK, IT'S GLASS.

IF I DON'T PUT A CARPORT OVER IT, I WANT TO HAVE A MAJOR PROBLEM.

THE NEXT HAIL STORM.

AND THOSE OLDER HOMES THAT I LIVE IN, THERE'S NOT ROOM FOR A FULL SIZE TRUCK IN THAT GARAGE BECAUSE THEY GOT LAUNDRY, THEY GOT HOT WATER HEATER, AND THEY EAT UP THE FLOOR SPACE.

NOW, THERE ARE PEOPLE THAT WENT OUT OF BOUNDS AND PUT UP CARPORTS IN FRONT OF THEIR GARAGES THAT EVIDENTLY DO NOT HAVE PERMITS FOR THEY WOULDN'T BE THERE.

BUT I FELT THAT BEING A GOOD CITIZEN, I WOULD DONATE MY MONEY TO THE CITY TO DO IT.

LEGALLY, I HAVE NO PROBLEMS FOLLOWING THE LAW, BUT THE LAWS ALSO SHOULD BE JUSTIFIED IN THE NEEDS OF THE CITIZENS.

I MEAN, IF YOU HAD A PROBLEM WITH THE LOCAL POLICE DEPARTMENT, NOW YOU WOULD HAVE A CHANCE TO GO TO COURT.

YOU WOULD HEAR THE PROS AND CONS, AND YOUR ATTORNEY WOULD GET INVOLVED IN EVERYTHING ELSE.

WELL, YOU'RE MY ATTORNEYS YOUR'RE JUDGING ME FOR THE COURT.

ALL I ASKED IS, YOU REALIZE THE AMOUNT OF STRESS AND COST I GOT INVESTED IN TRYING TO A LEGAL THING.

INSTEAD OF DOING, LIKE MY NEIGHBOR SAID, WHY? YOU SHOULD HAVE JUST PUT IT UP AND ASKED FOR FORGIVENESS IF THEY CUT YOU.

I DON'T BELIEVE IN THAT.

I BELIEVE IN DOING IT LEGALLY.

SO HERE I AM ASKING FOR THE APPROVAL TO DO AWAY WITH ALL THESE UNHEARD LOST I NEVER HEARD OF BEFORE UNTIL I GOT INTO THE VERY STAGE.

I TRIED TO RESEARCH IT IN THE BEGINNING.

I FOUND FENCES WERE LEGAL AS LONG AS THEY'RE BELOW SEVEN FEET.

BUT I DIDN'T FIND ANYTHING ABOUT CARPORT LIMITATIONS.

THAT'S MY FAULT, BECAUSE I DO NOT KNOW HOW TO SEARCH THE INTERNET.

TOTALLY.

SO MAYBE I COULD HAVE DONE A BETTER JOB RESEARCHING AND NOT BOUGHT THE CAR PORT BEFORE I HAD THE PAPERWORK TO SAY I COULD PUT IT UP.

BUT RIGHT NOW, I GOT TWO LARGE BOXES NEXT TO MY DRIVEWAY ROTTING BECAUSE I CAN'T PUT IT UP.

SO DO WHAT YOU NEED TO DO.

BUT BELIEVE ME, YOU COULD ALLEVIATE A LOT OF STRESS AND HEARTACHE ON MY BEHALF IF I COULD PUT THAT CAR POURED UP.

AND MY INSURANCE COMPANY WOULD BE A LOT HAPPIER ALSO, CUZ THEY WERE TOO HAPPY WHEN I TOLD 'EM IT WAS PARKED OUTSIDE BECAUSE OF ALL THE GLASS IN THE ROOF OF THAT TRUCK.

THANK YOU.

YOU'RE WELCOME.

FOR PUBLIC HEARING.

ALL RIGHT.

THANK YOU.

UH, WE'RE OPEN FOR PUBLIC HEARING GUYS HERE TO SPEAK.

IS ANYBODY HERE, UH, THAT WOULD LIKE TO SPEAK ON THIS, ON THIS HEARING BEHALF? YOU CAN.

YOU HEARD IT ALL? SEEING CLOSE THE PUBLIC HEARING, DISCUSSING SCENE WHAT? YEAH.

SEEING NO, SEEING NO ONE, UH, THAT WANT TO SPEAK IN THIS HEARING.

UH, I GUESS WE'RE GONNA CLOSE FOR DISCUSSION.

CLOSE THE PUBLIC HEARING.

OH, WE'RE GONNA CLOSE THE PUBLIC HEARING.

THANK YOU'RE TO DISCUSSION.

ALL RIGHT.

NOW WE'RE GONNA BE MOVING TO DISCUSSION.

ASK THE BOARD MEMBERS THERE APPOINTS OR QUESTIONS.

ALL RIGHT.

BOARD MEMBERS, IF THERE'S ANY COMMENTS OR QUESTIONS THAT YOU MIGHT HAVE FOR STAFF? FOR THE STAFF? UH, PLEASE.

UH, PLEASE FEEL FREE.

YEAH.

MR. HUNT, DON'T FORGET TO PUT YOUR SPEAKER ON.

GO.

I'D LIKE YOU TO REVIEW THE, UH, THE POINT THAT YOU MADE ABOUT, UH, THE SITUATION HERE.

NOT, UH, COMPLYING WITH THE FINDINGS OF FACT REQUIREMENTS.

AGAIN, UM, THAT THIS, THAT THIS CASE DOESN'T, UH, COMPORT WITH THE FINDINGS OF FACT REQUIREMENTS FOR US TO DECIDE, UH, ANYTHING OTHER THAN A DENIAL.

CAN YOU GIVE, CAN YOU RUN THAT DOWN AGAIN? SO

[00:15:02]

SO WHEN YOU'RE LOOKING AT, UM, CARPORT STANDARDS, IT'S CONSIDERED AN ACCESSORY STRUCTURE.

AND THAT'S LAID OUT PRETTY MUCH IN THE, IN YOUR PACKET.

IT GIVES YOU THE ARTICLE REFERENCE.

WHEN YOU LOOK AT A CARPORT, IT IS CONSIDERED AN ACCESSORY STRUCTURE, BUT IT HAS GARAGE STRUCTURE SETBACKS SPECIFIC IN THAT ORDINANCE.

WHEN YOU LOOK AT A STREET FACING GARAGE, UH, YOU ALWAYS NEED AT LEAST 18 FEET FROM THE RIGHT OF WAY.

IT'S THE SAME WITH A CARPORT.

AND THAT'S ALSO KIND OF REFLECTS IN WHY WE SAY THIS NEAT, THIS CARPORT IS RE IS ALLOWED ON THE SIDE IN REAR OF THE LOT, CUZ IF IT'S ON THE SIDE, THEN IT WOULD DEFINITELY MEET THOSE 18 FOOT SETBACKS AND NOT IN FRONT OF THE HOME.

UM, ALSO, I MEAN, THOSE ARE THE TWO MAIN FINDINGS OF FACT.

AND IN THIS SITUATION, WHAT YOU'RE GONNA SEE IS THAT THE STRUCTURE IS IN FRONT OF THE HOME, WHICH IS, UM, AGAINST THE ORIGINAL, I THINK SECTION FOUR ORDINANCE.

UM, AND THEN THE SETBACK FOR THE CARPORT ITSELF SHOULD BE AT 18, WHICH IT'S GONNA BE ENCROACHING ON THAT FRONT SETBACK.

UM, SO BOTH OF THOSE, IT WOULDN'T WORK WITH THOSE.

OKAY.

AND YOU HAD MADE A, A, A STATEMENT IN YOUR, YOUR OPENING REMARKS ABOUT THE, UH, ABOUT THE HARDSHIP, UH, NOT BEING ABLE TO BE SORT OF SELF-INFLICTED.

UM, CAN YOU ELABORATE ON THAT A LITTLE? IT CAN'T BE SOMETHING THAT AN OWNER HAS CREATED AS A HARDSHIP.

THANK YOU.

OKAY.

I'M, I I GUESS ANOTHER QUESTION FOR YOU, IF YOU DON'T MIND.

UM, THAT HARDSHIP THAT HE CANNOT BE, THAT HE CANNOT BE, THAT HE CANNOT CREATE, RIGHT? IS THAT SOMETHING YOU JUST SAID? CORRECT.

UM, SO IF IT'S MOTHER NATURE THAT CREATED THE HARDSHIP AND HE IS TRYING TO FIND A SOLUTION TO OFFSET THAT HARDSHIP, YOU KNOW, WHAT CAN WE, YOU KNOW, IS THERE ANY, ANY OTHER OPTIONS? IT, IT WOULD BE HARD IN THIS SITUATION.

UM, BUT I'LL LET, WHEN YOU'RE TALKING ABOUT, UM, MOTHER NATURE, ARE YOU TALKING ABOUT THE HAIL? YES MA'AM.

STORMS. UM, SO WHAT WE LOOK AT IN THIS CASE IS IT WOULD BE AN OVERALL AMENDMENT TO THE ORDINANCES ITSELF BECAUSE, UM, WEATHER'S NOT REALLY SOMETHING CONSIDERED AS A HARDSHIP.

UM, DOES THAT ANSWER YOUR QUESTION? SO IF THE, IF THE BOARD, UM, DENIES THE VARIANCE REQUEST, YOU COULD ALSO GIVE THE GUIDANCE THAT YOU WANT STAFF TO PRESENT IT TO THE COMMISSION AND COUNCIL AS A FUTURE AMENDMENT TO THE CITY ORDINANCES.

ALLOW THAT QUESTION.

SORRY, I HAVE A QUESTION.

UH, IF THE CARPORT IS BUILT IN FRONT OF THE HOUSE, UH, HOW MUCH SETBACK IS THERE FROM THE STREET TO THE CARPORT? AFTER IT'S BUILT, IT WOULD NEED TO MEET, UM, AT LEAST A 18 FOOT SINCE IT'S REQUIRED TO MEET GARAGE SETBACK STANDARDS.

SO ANY STREET FACING GARAGE WOULD HAVE A 18 FOOT FROM THE PROPERTY LINE IN.

OKAY.

BUT ONCE THE CARPORT IS BUILT, THERE IS NO 18 FEET, RIGHT? IN THIS CASE, YES.

THERE WOULDN'T BE 18 FEET.

OH, WE'RE 11 FEET FROM THE CURVE TO THE BEGINNING OF THE, OKAY.

NOW TECHNICALLY THAT CARD POINT CAN COME IN.

S YOU SO IS OUR PLEASE CAN SPEAK IN THE MICROPHONE.

SPEAK.

I'M SORRY.

MAKE SURE THAT, UH, LIGHTS GREEN ON THAT MICROPHONE FOR ME.

I THINK IT'S ON YOUR, IT'S GREEN.

OKAY, GO AHEAD.

OH, IT'S GREEN.

OKAY.

TECHNICALLY THE CARPORT ENTERS FROM THE SIDE, NOT THE FRONT CUZ IT'S A ONE SIDED CARPORT.

YOU CAN'T DRIVE IN THIS WAY TO IT.

YOU HAVE TO BACK IN FROM THE SIDE.

SO TECHNICALLY THE FRONT OF THE CARPORT IS WHAT? 45 FEET FROM MY EDGE OF MY PROPERTY, THE OPENING TO THE CARPORT.

NOW IT SOUNDS CRAZY BECAUSE THERE'S TWO POSTS WITH THE CANOPY UP LIKE THIS.

YOU HAVE TO COME IN AND BACK INTO IT

[00:20:03]

AND THERE'S ABSOLUTELY NO PLACE ELSE ON THE PROPERTY.

I COULD DO IT UNLESS I BUILT ONE OVER THE EXISTING DRIVEWAY, WHICH STILL WOULD NOT BE LEGAL BECAUSE IT COULDN'T BE 18 FEET FROM THE STREET.

BUT I PUSHED IT BACK AS FAR AS I COULD TO 11 FEET.

BUT THEN I GOT A HUGE BLACK OAK TREE ROOT BALL.

I CAN'T GO BACK ANY FURTHER.

SO, AND BELIEVE ME, I DIDN'T KNOW YOU GOT HAIL STORMS LIKE THIS IN TEXAS OR I WOULD'VE KEPT MY IN LOUISIANA.

OKAY.

HER CAR IS STILL TOTALED.

SHE, SHE, HER COMPANY TOLD IT TOO.

MY WIFE'S, SO WE, I VOTED A NEW TRUCK.

IT CAME IN FIRST.

HER CAR HAS NOT COME IN, BUT HER CAR CAN SIT IN THE OLD STYLE GARAGE.

IT'S A TOTAL OF 16 FOOT WIDE PERIOD.

THE GARAGE, YOU CAN'T FIT OFF TWO FULL SIZE VEHICLES IN IT.

THIS NEIGHBORHOOD IS SO OLD AND IT WAS DEVELOPED BY THE US GOVERNMENT, NOT THE CITY OF LEANDER.

THEY HAVE ZERO LOT LINE CLEARANCES.

IN OTHER WORDS, ONE PROPERTY WHERE THE GARAGE ENDS, THE NEXT PERSON PROPERTY BEGINS.

OKAY? THERE ARE SO MANY CODE VIOLATIONS WITHIN MASON CREEK NORTH.

YOU COULD BE WRITING TICKETS FOR THE REST OF THE YEAR, BUT NOBODY DOES BECAUSE THE GOVERNMENT DID IT.

WE DIDN'T SEE NOTHING.

WE DIDN'T APPROVE NOTHING.

IT'S NOT OUR PROBLEM.

I'M SORRY TO BE THAT WAY, BUT IT'S TRUE.

YOU DRIVE DOWN MICAH OR UM, ANY OF THE STREETS THAT RUN EAST AND WEST, THEY HAVE 23 FOOT WIDE LOTS.

YEAH.

IS THAT LEGAL IN YOUR CITY? I DON'T THINK SO.

OKAY.

BECAUSE YOU NEED STANDOFF CLEARANCE FROM THE PROPERTY LINES.

BUT THE US GOVERNMENT GOT AWAY WITH IT BECAUSE THEY DID NOT HAVE TO USE YOUR INSPECTORS.

SO WHY 30 YEARS LATER OR 40 YEARS LATER, I CAN'T DO THE SAME THING.

I HAVE THE RIGHT TO USE MY PROPERTY HOW I WANT AS LONG AS IT DOESN'T AFFECT OR BOTHER ANY TRAFFIC FLOW.

PERSONAL OPINIONS OF NEIGHBORS IN MY PERMIT PACKAGE.

I DON'T THINK IT MADE IT INTO THE PACKAGE YOU'RE REVIEWING TONIGHT.

I HAVE A LETTER SIGNED BY THE NEIGHBOR STATING SHE DOESN'T HAVE A PROBLEM WITH THE CARPORT FOOT THERE.

FOR ONE REASON, SHE'S GOT A RED CHIP HEDGE RUNNING DOWN HER PROPERTY LINE SO SHE WON'T EVEN SEE IT.

THE NEIGHBOR TO THE NORTH HAS A WHOLE FENCE LINE OF CRATE MYRTLES THAT ARE 16 TO 20 FEET TALL.

I DON'T LIKE THEM, BUT THEY'RE ON HIS PROPERTY.

I CAN'T DO ANYTHING ABOUT IT.

SO THEREFORE I REQUEST THE CITY TO REMOVE ALL RULING AGAINST MY PROPERTY BASED ON THE FACT I TRIED TO DO IT LEGALLY.

AND IT'S FOR THE WELFARE OF MY HEALTH.

SO I'M NOT SITTING, WHEN I HEAR A THUNDER CRACK WONDERING IF I GOTTA GO RUN OUT AND MOVE MY TRUCK HALFWAY IN MY GARAGE BECAUSE THAT'S ABOUT ALL IT WOULD FIT.

I COULD GET THE CAB IN THE CREW BACK SEAT INTO THE GARAGE AND THAT'S ABOUT IT.

SO ANYWAY, THANKS FOR LETTING ME COME BACK UP AND STOMP MY FOOT SOME MORE.

BUT I LIKE YOUR THINKING.

I FEEL GOD IS A MOTHER.

NATURE IS NOT A SELF BROUGHT FICTION.

OKAY? THERE'S NO WAY YOU OR ANYBODY ELSE CAN TELL WHERE THAT HILL'S GONNA HIT.

SO WHY SHOULDN'T I HAVE THE RIGHT TO TRY TO PROTECT MY PROPERTY? IF A DOG COMES ON MY PROPERTY AND TRIES TO BITE MY DOG, I CAN KILL THAT DOG.

CAN I LEGALLY IN THE STATE, RIGHT? SO THE HAIL STORM COMES OVER MY HEAD.

DON'T I HAVE THE RIGHT TO PROTECT MY PROPERTY? I THINK SO.

AND BELIEVE ME, IF YOU HAVE A 30 FOOT BOAT PARKED NEXT TO YOUR HOUSE, YOU WOULD THINK SO TOO.

AND THAT'S WHAT THIS LAW IS INTENDED FOR.

TO KEEP RVS AND LOADED VEHICLES OUT OF THE FRONT YARDS IN THE NEWER COMMUNITIES.

IT'S NOT INTENDED FOR A 30, 40

[00:25:01]

OKAY? IT'S DESIGNED TO KEEP YOUR CITY FUNCTIONALLY INTO THE FUTURE, NOT THE PAST.

SO I MOVED TO HAVE IT APPROVED.

MR. HUNT OVER HERE MAY NOT AGREE SINCE HE SAID HE WAS GONNA HELP ME THROUGH THIS, RIGHT? MM-HMM.

.

SO BASICALLY TO ME HE'S A LIAR CUZ HE HAS BEEN ANYTHING BUT HELP.

OKAY? SURE.

HE'S IN CHARGE OF PLANNING.

THAT'S HIS JOB.

I UNDERSTAND IT.

BUT IT'S MY JOB TO PROTECT MY PROPERTY AND ALL I'M ASKING FOR IS YOU GUYS TO ALLOW ME TO DO THAT.

THANK YOU.

THANK YOU.

ARE THERE ANY FURTHER DISCUSSIONS FROM THE BOARD? I HAVE ANOTHER QUESTION NOW.

ARE THERE OTHER, UH, HOMES IN THE NEIGHBORHOOD THAT HAVE CARPORTS IN FRONT? YEAH, WE DROVE THROUGH THERE IN PRETTY MUCH DOWN THIS STREET.

THIS STREET AND THEN THIS STREET.

THERE WAS NO CARPORTS OFF THESE OR OFF THIS ONE THAT WE NOTICED.

THERE WAS ONE CARPORT POSSIBLY OVER HERE, UM, THAT WAS ON THE ADJACENT STREET.

BUT OTHER THAN THAT THERE WAS NO OTHER CARPORTS.

THIS WOULD BE BE THE ONLY, ONLY ONE.

IF I CAN SPEAK, PLEASE.

YES, GO AHEAD.

JUST COME UP.

YEAH, COME UP TO THE MIC PLEASE.

PLEASE GIVE YOU A DRINK PLEASE.

MY NAME IS TARA MARSH AND I'M THE OTHER HALF OWNER OF THE PROPERTY.

I'M KEITH'S WIFE.

UM, THERE YOU ASKED IF THERE WERE ANY OTHER CARPORTS.

THERE ARE CARPORTS, TWO OF THEM ON THE STREET THAT CROSSES US, UM, CROSSES, UM, COYOTE.

THEY WERE PUT UP APPARENTLY WITH NO PERMITS OR UM, VARIANCES.

THEY'VE BEEN THERE FOR YEARS ACCORDING TO WHAT THEY LOOK LIKE.

THEY'RE JUST THE METAL TYPE.

THEY HAVE THE, THE PART THAT GOES OVER, OVER THE CARPORT, I MEAN OVER THE DRIVEWAY.

OUR DRIVEWAYS ARE IN FRONT OF OUR, UM, IN FRONT OF OUR GARAGE.

AND THIS WOULD BE OVER, THERE'S AN ADDITION TO THE ACTUAL DRIVEWAY.

SO THERE'S THREE PLACES TO PARK AND THIS IS GONNA BE OVER THE THIRD ONE.

UM, AS KEITH MENTIONED, HE TRIED TO PUT IT AS FAR BACK AS HE COULD.

THERE'S NO ROOM ON THE SIDE OF THE BUILDING ON EITHER SIDE FOR A CARPORT OR EVEN A DRIVEWAY TO GO AROUND THE HOUSE TO PUT IT IN THE BACK.

UM, IF, IF SOMEONE WAS THINKING THAT IT WILL BE UNSIGHTLY THAT IT DOESN'T MEET VARIANCE.

VARIANCE, I MEAN THE MEASUREMENT REQUIREMENTS, THERE ARE TONS OF MOBILE HOMES IN THE DRIVEWAYS IN OUR NEIGHBORHOOD.

IF, UM, YOU WANTED, IF THEY COULD, YOU COULD HAVE GONE THROUGH THE NEIGHBORHOOD.

THEY'RE UNSIGHTLY.

THEY'VE BEEN THERE FOR YEARS, THEY DON'T MOVE.

THEY LIVE THERE.

AND THIS IS SOMETHING THAT TO BE DENIED TO PUT A CARPORT THAT WILL LOOK AS AESTHETICALLY PLEASING IS A LOT BETTER THAN HAVING A MOBILE HOME THAT DOESN'T MOVE THAT'S BEEN THERE FOR 15 OR 20 YEARS.

AND THERE ARE MOBILE HOMES THAT STAY 24 HOURS A DAY WITH PEOPLE LIVING IN THEM.

UM, THAT'S THE KIND OF NEIGHBORHOOD THAT IT IS.

SO I, ALONG WITH KEITH, WOULD APPRECIATE THAT YOU VOTE YES FOR THIS.

UM, LIKE I SAID, IT WILL CHECK OUR TRUCK, WHICH WE'RE NOT LOOKING FORWARD TO HAVING HAIL DAMAGE FUN.

BUT IT ALSO, UM, I DON'T THINK THAT IT WILL BE A HARM TO THE NEIGHBORHOOD.

THANK YOU.

UM, I DO HAVE A COUPLE QUESTIONS IF YOU GUYS DON'T MIND ME ASKING.

UM, HOW FAR IS THAT GARAGE OF YOU GUYS? UM, HOW FAR IS THAT GARAGE AWAY FROM THE STREET? APPROXIMATELY? IF YOU DON'T MIND, YOU HAVE TO COME.

YEAH, SORRY ABOUT, YOU MIGHT WANNA BE REALLY CLOSE BY THE MONEY FOR ME.

, I DON'T HAVE A MOBILE MICROPHONE FOR YOU.

.

I JUST NEED TO LOSE SOME WEIGHT.

UM, THE GARAGE IS APPROXIMATELY 26 FEET FROM

[00:30:01]

YOU SHOULD HAVE A COPY OF THAT.

THE CARPORT ITSELF IS 16 FOOT FROM FRONT TO REAR WITH 11 FOOT BACK.

THAT'S 26 FEET AND IT'S STILL 10 FEET FROM THE FRONT OF THE GARAGE.

BUT THE NORTH SIDE OF THE HOUSE HAS GOT ELECTRICAL WATER RUNNING ALONGSIDE THE HOUSE.

THERE'S NO WAY FOR A DRIVEWAY OVER THERE.

PLUS IT'S A TERRORIST YARD.

THE SOUTH SIDE OF THE PROPERTY IS ONLY 10 FOOT MAXIMUM.

WELL, TO FIT A CARPORT YOU NEED AT LEAST A FOOT AND A HALF FOR FOOTINGS PLUS THE WIDTH OF NINE FEET FOR A CARD PORT.

SO IF I WANTED TO SPEND THE FIVE OR $6,000 TO HAVE AN OAK TREE REMOVED, YES, THEORETICALLY IT COULD BE PUT ON THE SOUTH SIDE OF THE HOUSE.

ALRIGHT, BUT LOGICALLY IT DOESN'T MAKE SENSE.

WHY TEAR DOWN A OXYGEN GENERATOR AS BIG AS THAT OAK TREE JUST TO PUT IN A CARPORT.

IT DON'T MAKE SENSE.

AND BESIDES THAT, OAK TREE DROPS ACORNS THAT BIG AROUND.

SO BELIEVE ME, I WANT THAT CARPORT FOR HAIL AND OAK TREES.

AND I DIDN'T PLANT THAT OAK TREE.

THE ORIGINAL OWNER BOUGHT THAT OR THE ORIGINAL GOVERNMENT CONTRACTOR PLANT.

THAT'S HOW OLD A TREE IT IS.

IT'S PROBABLY 30 FEET TALL AND THE TRUNK'S LIKE THIS BIG AROUND AT THE BOTTOM.

BUT WHEN IT DECIDES TO SET ON ACORNS, YOU DO NOT WANT A VEHICLE ANYWHERE NEAR THAT TREE CUZ IT WILL D THE HOLY OUT OF IT.

SO THAT'S TWO REASONS.

HAIL AND TREE, ALL MOTHER NATURE, NONE OF MINE DEMISE.

I DIDN'T CALL UP GOD AND SAY BRING ME HAIL AND BRING ME ACORNS.

SO YES, I HAVE A FINANCIAL INVESTMENT, ALMOST A THOUSAND DOLLARS TO BE HEARD HERE TONIGHT.

PLUS 4,000 SOMETHING FOR THE CARD PORT THAT'S SITTING THERE.

OKAY.

WHICH I BOUGHT AHEAD OF TIME LIKE A FOOL.

CAUSE I THOUGHT ALL I NEED WAS A BUILDINGS PERMIT.

WELL NOW IT'S WAY TOO LATE TO RETURN IT, EVEN IF I COULD AFFORD TO SHIP IT BACK TO WHERE IT CAME FROM.

BUT LIKE I SAID, IT'S NOT AN NICE OR I BOUGHT THE BEST LOOKING ONE I COULD FIND BECAUSE YES, I CARE ABOUT THE WAY MY NEIGHBORHOOD LOOKS.

IF YOU DRIVE DOWN MY STREET RIGHT NOW, I BET YOU I HAVE THE GREENNESS YARD ON THAT BLOCK BECAUSE I TAKE CARE OF MY YARD.

I CARE WHAT THE NEIGHBORHOOD LOOKS LIKE AND I WOULDN'T PUT ANYTHING ON MY NEIGHBORS THAT I WOULDN'T WANT DONE TO MYSELF.

ANY OTHER QUESTIONS, SIR? UM, IS THERE AN HOA? NO, THE ONLY HOA WAS THE US GOVERNMENT DEPARTMENT OF AGRICULTURE AND WHOEVER ELSE DECIDED TO BUILD SUBSIDIZED HOUSING IN THAT NEIGHBORHOOD AND BOUGHT UP AT OUT OF BUSINESS TRAILER PARK.

MY METER IS IN MY FRONT YARD, LIKE TRAILER PARK METER.

MM-HMM.

AND THE ELECTRICAL RUNS UNDERGROUND UP BESIDE THE HOUSE INTO THE HOUSE BECAUSE IT IS A TRAILER PARK SETTING.

MY LOT IS TWO LOTS.

TOTAL IS 63 FEET.

I THINK THAT'S TWO TRAILER LOTS OR ONE'S DOUBLE WIDE LOTS.

SO ZONING IN THIS WHOLE NEIGHBORHOOD HAS BEEN A MESS UP SINCE DAY ONE.

SO ANYTHING THAT YOU DO NOW IS NOT GONNA AFFECT THE NEIGHBORHOOD ONE BIT.

ASSURE YOU IF YOU GET A CHANCE, DRIVE DOWN MICAH OR ONE OF THOSE STREETS AND LOOK AT THOSE HALF FLAT HOUSING.

IT'S RIDICULOUS WHAT THE CITY ALLOWED TO GO ON THERE BECAUSE THE GOVERNMENT DIDN'T HAVE TO HAVE INSPECTORS FROM THE CITY LOOK AT IT.

BUT YOU DIDN'T TRY TO FIGHT IT EITHER, DID YOU? SO MY OPINION, IF THE GRAND CAN DO WHAT THEY WANT, WHY CAN'T I, I OWN IT NOW.

OKAY, THANK YOU.

I DO HAVE A QUESTION FOR THE CITY.

UH, ORIGINS THERE.

UM, THEY MENTION THAT, UH, THERE ARE OTHER CARPORTS NEARBY IN A NEIGHBORHOOD SIMILAR TO THIS ONE HERE MM-HMM.

.

UM, HOW IS IT THAT THEY HAVE CARPORTS? YOU KNOW, ARE THEY MEETING SPECIFICATIONS, UH, OR ARE THEY NOT MEETING SPECIFICATIONS? IN, IN THE, THE ONE THAT I NOTICED, WE WENT BACK TO

[00:35:01]

UM, BUT OTHER THAN THAT, THEY WOULD NEED A CODE ENFORCEMENT COMPLAINT TO SEND CODE ENFORCEMENT OUT THERE TO INITIATE THAT CASE.

SO SOMEONE WOULD HAVE TO INITIATE A CODE ENFORCEMENT COMPLAINT IN ORDER TO GET THAT GOING ON.

A, UM, IT COULD BE FOR LANDSCAPING, BUT ANY PART OF THE ORDINANCE, UM, A RESIDENT COULD CALL UP OUR CODE ENFORCEMENT AND SAY, HEY, CAN Y'ALL GO OUT AND CHECK THIS CODE? ENFORCEMENT WOULD COME BACK AND SAY, HEY, IS THIS PART OF YOUR ORDINANCE? IS THIS COMPLYING WITH THE ORDINANCE? AND WE WOULD GIVE THEM WHAT OUR FINDINGS ARE AND USUALLY THEY WOULD HELP TRY TO MITIGATE THAT AND TRY TO MAKE IT RIGHT.

BUT IF THERE ISN'T SUBSTANTIAL PROCESS ON THE, UH, PROGRESS ON THAT, THEN UH, A CODE ENFORCEMENT CASE WOULD BE OPENED.

AND IT'S A FOLLOW UP QUESTION.

THE ORDINANCE, UH, CAME AFTER THOSE GARAGES AND, UH, CARPORTS WERE, WERE, UM, UPRIGHT FROM THE ONE I NOTICED? YES.

OKAY.

AND THEN THE OTHER QUESTION I HAVE IS THAT WHAT'S THE CITY, UH, ORDINANCE WHEN IT COMES TO RVS PARKED OUT IN FRONT OF THE DRIVEWAYS? SO DEPENDING ON IF YOUR, IF IT'S BEING LIVED IN OR IF IT'S BEING STORED, WE HAVE RECREATIONAL STORAGE, UM, FOR VEHICLES, AND THAT WOULD BE THROUGH A PERMIT THAT WE WOULD GET THROUGH OUR, UH, PERMITS DEPARTMENT.

THEY WOULD HAVE TO COMPLY WITH OUR SPECIAL VEHICLE ORDINANCE, UH, SPECIAL VEHICLE STORAGE ORDINANCE.

UM, AND YOU CAN PARK ONE SPECIAL VEHICLE IN THE FRONT AS LONG AS IT'S PERPENDICULAR AND IT MEETS OTHER RE UH, REGULATIONS AS WELL.

UM, IF SOMEONE'S LIVING IN IT, IT WOULD HAVE TO COME THROUGH A SPECIAL USE PERMIT AND THAT WOULD ACTUALLY BE HEARD FROM PLANNING AND ZONING AND CITY COUNCIL TO BE APPROVED.

OKAY.

UH, ANY QUESTIONS FROM THE BOARD? WELL, MR. MARSH SEEMS LIKE HE WANTS TO COME UP AND SAY ONE MORE THING.

OH, OKAY.

I'M SORRY.

PLEASE GO AHEAD.

PLANNING STATED THAT THE CARPORT WE HAD MENTIONED ON EAGLE'S WAY WAS THERE PRIOR TO THE PASSING OF THIS ORDINANCE.

NOW IF THAT HOUSE WAS PHYSICALLY THERE BEFORE THE PASSING OF THIS ORDINANCE, THE WHOLE SUBDIVISION SHOULD THEN BE GRANDFATHERED IN BECAUSE HE HIMSELF STATED THAT THE ORDINANCE WAS PASSED AFTER THOSE HOUSES.

WERE THERE.

SOMETHING TO THINK ABOUT.

THANK YOU.

THANK YOU, SIR.

UM, I'M GONNA MAKE A MOTION, UM, WITH A LITTLE BIT OF A PROLOGUE.

MR. MARSHA'S CASE I THINK IS VERY WELL PRESENTED.

UH, HE MAKES SOME VERY GOOD POINTS ABOUT EQUITY REGARDING THE OTHER CARPORTS, UH, OR AT LEAST ONE IN THE NEIGHBORHOOD.

UM, SOME ADDITIONAL GOOD POINTS ABOUT THE PURPOSES REGARDING, UH, BROAD SETBACKS AND THE INTENT THAT THEY ARE INTENDED FOR NEW CONSTRUCTION, NOT NECESSARILY AN OLDER NEIGHBORHOOD.

UM, REGARDING THE OTHER CARPORTS, I THINK THOSE, UH, THOSE ARE ONE OFFS THAT THE CITY HAS TO DEAL WITH IN SOME OTHER CONTEXT.

THOSE OTHER CARPORTS ARE NOT IN FRONT OF US TONIGHT.

UM, SO IT, WITH ALL OF THAT THOUGH, I, I BELIEVE WE HAVE A REALLY CLEAR ORDINANCE HERE.

AND, UH, IF THERE IS GOING TO BE A MAJOR CHANGE THAT WOULD SORT OF OPEN THE DAM, SO TO SPEAK, TO ADDITIONAL CARPORTS, UH, IN, IN OLDER NEIGHBORHOODS, I, I THINK THAT IS SOMETHING THAT MORE APPROPRIATELY COMES FROM CITY COUNCIL WITH AN ORDINANCE CHANGE.

UM, YOU KNOW, I, I KEEP COMING BACK TO THE POINT THAT LITERAL ENFORCEMENT OF THIS PROVISION OF THE, OF THE ORDINANCE, UH, WILL RESULT IN AN UNNECESSARY HARDSHIP.

I DON'T BELIEVE THAT'S NECESSARILY TRUE.

MOST OF THE FINANCIAL ISSUE HERE, UH, AS MR. MARSH, UH, ADMITS HIMSELF, UH, WAS, WAS SORT OF SELF-INFLICTED.

UH, HE SHOULD BE RESPECTED FOR GOING THROUGH THE PERMITTING PROCESS WHERE IT LOOKS LIKE OTHER PEOPLE HAVE NOT.

UH, BUT WITH ALL THAT SAID, I'M GOING TO MAKE A MOTION TO DENY SECOND.

IS THERE A SECOND? I WILL SECOND THAT CUZ I, I FEEL EXACTLY THE SAME WAY THAT IT WILL OPEN UP, UM, A LOT OF PEOPLE TRYING TO CIRCUMNAVIGATE THE SYSTEM AND A LOT MORE PEOPLE WILL WANT BE WANTING THIS, AND I THINK IT'S SOMETHING FOR THE CITY TO READDRESS IN THE FUTURE

[00:40:06]

OKAY.

ALL RIGHT.

OKAY.

UH, NOW COMES THE BOARD OF ADJUSTMENTS FOR THE CITY OF LEANER.

HAVING HEARD THE REQUEST AT TERRA C CROW AND KEITH, A MARSH TO BE GRANTED A VARIANCE FROM ARTICLE, UH, WAS IT SIX SECTION FIVE E TWO ARTICLE? I'M SORRY, SECTION FOUR.

SECTION FOUR, I FIGURED.

YEAH.

SECTION FOUR, FIVE, E TWO, UH, ARTICLE SIX, SECTION SIX F UM, TWO, TWO IN IN ARTICLE V.

IS IT AN I LOOKS LIKE OR ONE LOOKS LIKE I V SECTION SIX TO BE DENIED.

OH, TO BE DENIED, HE SAYS TO BE DENIED VARIANCE.

OKAY, FOR THAT.

SORRY, THERE'S A TYPO.

ALL RIGHT, LET ME RE UH, REREAD THIS.

THERE WAS A TYPO IN THE LETTER HERE.

UH, NOW COMES THE BOARD OF ADJUSTMENTS FOR THE CITY OF LAND, OR HAVING HEARD THE REQUEST OF TERT CROW AND KEITH, A MARSHALL TO BE DENIED GRANTED VARIANCE FROM ARTICLE, UH, FOUR SECTION FIVE, E TWO, ARTICLE SIX, SECTION SIX F TWO, AND ARTICLE SIX, SECTION SIX A OF THE COMPOSITE ZONING ORDINANCE OF THE CITY.

CONCERNING THE PROPERTY DESCRIBED ABOVE.

THE APPLICATION FOR THE VARIANCE STATED WAS FOR JUNE 21ST, 2022 WAS PRESENTED TO THE BOARD ON OCTOBER 11TH, 2022.

THE BOARD HAVING GIVEN THE APPLICANT INTEREST PARTIES AND THE CITY REPRESENTATIVE US AN OPPORTUNITY TO PRESENT ARGUMENTS AND EVIDENCE AT THE PUBLIC HEARING MAKES THE FOLLOWING FI FINDINGS.

NUMBER ONE, THE REQUEST IS CONSISTENT WITH THE GENERAL PURPOSE AND SPIRIT OF THE ORDINANCE AND THE VARIANCE FURTHERS SUBSTANTIAL JUSTICE IS EXCEPT A YES OR A NO.

DO WE EACH VOTE ON EACH ONE OF THESE? YEAH.

YOU SAY VOTE, YOU SAY AND VOTE ON THE, THIS IS CALLED OFTEN THEY CAN JUST, HE CAN JUST STATE WHAT IT IS AND THEN TAKE VOTE, SAY NO, AND THEN VOTE.

OH, I SEE WHAT YOU'RE SAYING.

AND THEN TAKE A VOTE.

ALL RIGHT.

SO I JUST READ NUMBER ONE.

IS THAT A YES OR NO? IT'S A NO.

OKAY.

BECAUSE YOU'RE DENY.

OKAY.

AND THEN VOTE.

OKAY.

IS THAT A VOTE? TAKE A VOTE, TAKE A VOTE.

GO FOR ALL THOSE THAT AGREE TO BE NO, RAISE YOUR HAND.

RAISE YOUR HAND.

OKAY.

OKAY.

AND GET ALL THOSE THAT OPPOSE AND ALL THOSE HE POSE.

OKAY.

I ACTUALLY HAD YES ON THERE TOO.

SO WE'RE WE NEED A WHAT'S YOUR, WHAT'S YOUR RATE? WHAT'S YOUR HAND ON THAT? YES OR NO? HE DOESN'T BOTH.

OH, HE DOESN'T, HE, SO THERE'S TWO YESES AND TWO NOS.

THERE'S 2, 2, 2 TO TWO.

YEAH.

SO VOTE.

OKAY, GO AHEAD.

AND TO THE NEXT ONE, THE CASE WAS HEARD BY AT LEAST 75% OF THE MEMBERS OF THE BOARD OF ADJUSTMENT, YES OR NO? YES.

YES.

THAT A VOTE? YES.

YES.

OKAY.

THE REQUEST FOR A SPACING VARIANCE MEETS THE FOLLOWING CONDITIONS.

THERE ARE UNUSUAL AND PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIP IN THE CARRYING OUT OF THE UNUSUAL SETBACK PROVISIONS OF THE ORDINANCE DUE TO AN IRE IRREGULAR SHAPE OF A LOT TOPOGRAPHY OR OTHER CONDITIONS.

IT'S A YES OR NO.

ANYBODY VOTES FOR YES, I VOTE FOR NO.

OKAY.

SAME.

NO.

YOU, ME, TO REREAD IT? SURE, SURE.

THERE ARE UNUSUAL AND PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIP IN THE CARRYING OUT OF THE UNUSUAL SETBACK PROVISIONS OF THE ORDINANCE DUE TO AN IN IRREGULAR SHAPE OF THE LOT, TOPOGRAPHY OR OTHER CONDITIONS.

[00:45:01]

OKAY.

WHAT'S OUR BOOK COUNT RELATIVE WHAT? YOU'VE GOT TWO TO ONE.

WELL, YOUR, BUT YEAH, I'M PUTTING NO ON THAT ONE.

OKAY.

SO THREE TO ONE.

YEAH.

UM, B THE VARIANCE WILL NOT SIGNIFICANTLY AFFECT ANY ADJOINING PROPERTY OR THE GENERAL WELFARE.

AND A YES OR NO.

WHO'S, WHO'S NO FOR THAT? I A NO FOR THAT.

NO FOR THAT.

OKAY.

IF YOU KNOW YES, THE VARIANCE WILL NOT SIGNIFICANTLY AFFECT ANY ADJOINING PROPERTY OR THE GENERAL WELFARE, WELL, THAT'S CRAP.

YES.

OKAY.

UM, WELL, WHAT DO YOU MEAN? UH, I WOULD SAY YES, ALSO, I HAVE TO EXPLAIN WHY.

OKAY.

C THE VARIANCE WOULD NOT BE CONTR, THE VARIANCE WOULD NOT BE CONTRARY TO THE PUBLIC INTERESTS.

YES OR NO? DEFINITELY NO FOR ME.

OKAY.

NO.

ALL RIGHT.

AND YES FOR YOU? NO, I WOULD SAY FOR THE PUBLIC INTEREST, I WOULD SAY, UH, YES.

ON THAT D THE REQUEST FOR A VARIANCE AND OWNING TO A SPECIAL CONDITION INHERENT IN THE PROPERTY ITSELF, WHICH IS NOT SELF-IMPOSED OR SELF-CREATED, YES OR NO? YES.

NO.

AND WHAT WAS YOURS? YOU WANNA REREAD IT? YOU, ME TO REREAD IT FOR YOU? TRANSFER VARIANCE IS THE SPECIAL CONDITION HEARD.

OKAY.

UM, THERE'S, THERE'S, UH, TWO YESES.

AND WHAT WAS YOURS? YES.

AND I, I'M SORRY.

THERE WAS TWO NO'S.

ONE, YES.

ACTUALLY THREE, THREE NO'S AND ONE, YES.

YOU'RE, YOU'RE A NO MR. CHAIR.

I'M A NO.

YEAH.

LITERAL ENFORCEMENT OF THE PROVISIONS OF THE APPLICABLE ORDINANCE WILL RESULT IN UNNECESSARY HARD SHOW.

YES OR NO? NO.

NO.

OKAY.

WHAT WOULD YOU SAY? OOPS.

YOU GUYS MADE IT TOUGH FOR US.

GOOD.

MAKING OUR OWN AGAIN, PROVISION.

SO THE LAST ONE IS, E LITERAL ENFORCEMENT OF THE PROVISIONS OF THE APPLICABLE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP.

I GOT TWO NOS, RIGHT? CORRECT.

YES.

IT'S UP TO YOU.

LET ME HEAR NEXT.

YES.

I WOULD SAY YES.

ALSO, IS THE BOARD ALLOWED TO SPEAK? OH, YOU, YOU CAN SAY SPECIFIC FACTS TO DISPLAY FINDINGS.

ALL RIGHT.

THE SPECIFIC FACTS, THIS, THE SPECIFIC FACTS THAT THE BOARD FINDS TO SUPPORT THE FINDINGS ARE, WHERE DO I GO FROM THERE? SET FACTS OKAY.

OF WHAT WE JUST SAID RIGHT HERE.

CAN I SAY SOMETHING REAL QUICK? YES, PLEASE.

YEAH.

SO, UM, IT, IT SOUNDS LIKE, UM, THERE'S NOT A UNANIMOUS VOTE, RIGHT? AND THERE'S NOT AN AGREEMENT AMONGST THE MEMBERS.

YEAH.

UM, THIS MIGHT BE AN INSTANCE WHERE IT'S APPROPRIATE THAT WE TAKE AN ITEM TO THE COUNCIL FOR A DIRECTION AT THE NEXT MEETING WHERE WE PROPOSE, UM, THEM MAKING A DECISION ABOUT DO YOU WANT TO AMEND OUR CODE OF ORDINANCES TO ALLOW CARPORTS? AND, UM, IF THEY CHOOSE TO GO DOWN THAT PATH, WE WOULD DO A PUBLIC HEARING AND GO THROUGH A ZONING FOR THE WHOLE CITY.

MM-HMM.

, SINCE THIS ONE'S SO

[00:50:01]

AND I APPRECIATE WHAT YOU'RE, WHAT YOU'RE SUGGESTING THERE.

AND I THINK THAT'S THE PROPER ROUTE, I BELIEVE.

I MEAN, THIS IS VERY HARD.

UM, YOU KNOW, WE'RE TALKING ABOUT OLD NEIGHBORHOODS, YOU KNOW, WE'RE NOT TALKING ABOUT HOAS ALSO, THAT'S WHY I BROUGHT UP, IF THERE'S AN HOA, UM, I LIVED IN AN OLD NEIGHBORHOOD BEFORE AND I'VE SEEN CARPORT, YOU KNOW, BEING PUT UP OR WHATEVER, NEVER AFFECTED ANYBODY IN THE NEIGHBORHOOD.

UM, AND SO IF IT'S A NEWER NEIGHBORHOOD, MAYBE I'LL HAVE DIFFERENT FEELINGS ABOUT IT.

UH, THAT'S JUST MY PERSONAL OPINION.

UM, BUT BECAUSE THIS IS AN OLDER NEIGHBORHOOD AND THERE'S SO MANY OTHER ISSUES AT THAT NEIGHBORHOOD THAT ARE PROBABLY NOT IN COMPLIANT, LIKE WITH THE GENTLEMAN, AND, AND THE LADY HAD SAID, UM, I JUST FIND IT TO BE ALMOST UNFAIR.

AND I'M ALWAYS TRYING, AS YOU KNOW, ME, I'VE BEEN SERVING, SERVING ON THIS BOARD.

I'M ALWAYS TRYING TO FIND EQUAL FAIRNESS, YOU KNOW, A WIN-WIN SOLU A SOLUTION.

AND TODAY I THINK WE, WE ACTUALLY, WE ACTUALLY ACCOMPLISHED THAT.

WE'RE GONNA SIT INTO THE CITY COUNCIL AND LET THEM DECIDE WHAT'S GONNA BE THE, WHAT'S GONNA BE THE, UM, FINAL DECISION ON THAT.

OKAY.

SO I CAN, UM, I CAN PUT THAT ON THE OCTOBER 20TH AGENDA YEAH.

FOR COUNCIL.

YEAH.

I WANNA MAKE SURE I'M, I'M CLEAR HERE.

WHAT'S, WHAT'S HAPPENING THOUGH, BECAUSE WE, WE HAVE A MOTION AND A SECOND, UH, WE WENT THROUGH THE FINDINGS OF FACT AND WE WERE TIED ON A LOT OF THEM.

MM-HMM.

, WE WEREN'T ON A COUPLE.

UM, DO WE, DO WE NOT TAKE A VOTE ON THE MOTION? UH, AND THE SECOND, YOU NEED TO TAKE A MOTION, YOU DO NEED TO RESOLVE THE ISSUE OF MOTION IN THE SECOND ON THE FLOOR, AND YOU NEED TO TAKE A VOTE, A STRAIGHT UP VOTE, AND WE'LL GIVE THAT TO COUNSEL AS WELL.

YEAH.

AND TO PRESIDE THAT YOU CAN'T LEAVE THE MOTION HANGING ON THE FLOOR.

RIGHT.

OKAY.

GOOD.

I, UM, UH, YOU'VE GOT THE MOTION TO DENY STATE YES.

YOU COMMISSION.

SECOND, YOU COULD, UM, AMEND YOUR MOTION TO DENY IT WITH THE DIRECTION TO PRESENT SOMETHING TO COUNCIL ABOUT MAKING AN AMENDMENT TO OUR OVERALL CODE OF ORDINANCES.

AND THAT MIGHT ADDRESS THE OTHER TWO COMMISSIONER'S CONCERNS.

YEAH, BECAUSE ULTIMATELY I, I, WE'RE GONNA END UP AT TWO, TWO, UM, UH, BUT, UH, SO YEAH, I WILL, I, I WILL AMEND MY, UH, AMEND MY MOTION AS, UH, AS MS. GRIFFIN JUST RECOMMENDED, UH, THAT WE, UM, THAT WE RECOMMEND THIS BE BROUGHT BEFORE COUNCIL, UH, TO SEE IF THEY WANT TO FOR AN AMENDMENT TO THE ORDINANCE.

FOR AN AMENDMENT TO THE ORDINANCE, YEAH.

TO, UH, TO ALLOW CARPORTS IN CERTAIN SITUATIONS SUCH AS THIS.

YEAH.

I SECOND THAT.

YOU CAN OH, MS. FOR SECOND, SHE HAS TO AGREE TO THE AMENDMENT.

I'M SORRY.

I AGREE TO THE AMENDMENT BECAUSE I FEEL THAT THE CITY WHEEL NEEDS TO LOOK INTO THIS.

UM, I TOOK LIVE IN A, ALL THE NEIGHBORHOOD.

I TOO WAS DENIED A PERMIT, UM, FOR AN ADDITIONAL STRUCTURE IN FRONT OF MY HOME.

SO I TOTALLY UNDERSTAND HOW YOU FEEL, UM, I'VE BEEN IN YOUR SITUATION.

UM, I'M JUST GOING THAT WE NEED TO LOOK OUT FOR THE WHOLE OF THE CITY.

UM, AND WE NEED THESE CODES AND ENFORCEMENTS SO THAT, YOU KNOW, WE CAN KEEP THE CITY LOOKING NICE.

I'M NOT SAYING THAT IT'S GONNA BE DETRIMENTAL IN YOUR CIRCUMSTANCE.

UM, I JUST FEEL THAT PEOPLE NEED TO, UH, FOLLOW THE CODE OF THE CITIES, UM, DIRECTLY.

AND IF THIS IS SOMETHING THAT NEEDS TO BE ADDRESSED, THEN THE CITY NEEDS TO LOOK AT IT AGAIN AND REVIEW THE SITUATION.

AND SO YOU, WE NEED TO TAKE A VOTE WITH THE MOTION THAT'S ON THE FLOOR, THAT THIS IS DENIED WITH STAFF TAKEN TO THE CITY COUNCIL ON OCTOBER, CONSIDERATION FOR THEM TO AMEND THE, OR STILL ALLOW CARPORTS IN CERTAIN SITUATIONS TO PROVIDE SOME PROVISIONS FOR I, UH, I VOTE FOR THAT.

IT'S ALL IN FAVOR.

ALL IN FAVOR.

ALL THOSE OPPOSED, ALL THOSE POLLS.

OKAY.

PASS THIS THREE TO ONE.

OKAY.

I, YOU KNOW, I REALLY APPRECIATE WHAT YOU GUYS DO.

I REALLY DO.

TRUST ME, I'M NOT TRYING TO GO AGAINST WHAT YOU GUYS ARE TRYING TO DO.

UM, BUT AT THE SAME TIME, LIKE I SAID, THIS, THIS IS NOWHERE NEIGHBORHOOD, AND I'M JUST TRYING TO, I ALWAYS TRY TO FIND A WIN-WIN SOLUTION, YOU KNOW, SO I, IT'S HARD.