[1. Open Meeting.]
          [00:00:10]
          WEDNESDAY, JUNE 3RD, 2026, AND IT'S THE BOARD OF ADJUSTMENT MEETING. AND WE DO NOT HAVE A CHAIR PRESENT TONIGHT. SO I WILL OPEN THE MEETING AND THE COMMISSION WILL PICK A CHAIR FOR THIS EVENING AMONGST THEMSELVES. I RECOMMEND YOU GIVE ME YOUR NAME. CARRIE. YOU CALL CARRIE? YES. YEAH. I RECEPTION, SO. I. 
          PRESENT FOR ONE PRESENT TONIGHT. AN ALTERNATE MONETARY REPORT PRESENT. YOU HAVE A QUORUM PRESENT. YOU CAN GO TO THE CONSENT AGENDA. OKAY. SO FOR THE PUBLIC HEARING ACTION, DO YOU WANT TO READ THIS? YOU'VE GOT TO DO CONSENT. SO YOU ASK FOR A MOTION AND A SECOND FOR THE CONSENT AGENDA, WHICH IS THE MINUTES ACCEPTANCE OF THE MINUTES. OKAY. I DON'T KNOW IF THERE'S THERE'S A LOT MORE STUFF THAN I HAD ON PREVIOUS BOARDS. I'LL READ THEM. OKAY. FANTASTIC. OKAY. THE NEXT ITEM ON THE AGENDA IS THE CONSENT 
          [ CONSENT AGENDA: ACTION  ]
AGENDA. THIS IS AN ACTION ITEM. SO I NEED A MOTION AND A SECOND TO ACCEPT THE CONSENT AGENDA, WHICH IS THE ACCEPTANCE OF THE MINUTES. I MOVE WE ACCEPT THE MINUTES FROM THE LAST MEETING. 
          I'LL SECOND. I AGREE. ALL THOSE IN FAVOR SAY AYE. AYE. ANYBODY OPPOSED? OKAY. OKAY. THE NEXT 
          [4. Conduct a Public Hearing regarding Variance Case VA-26-0026 to request a variance to the Composite Zoning Ordinance, Article VI, Sections 6, 15, and 16 to allow for a fence to be placed within the street side setback along Shamrock Drive and remove the requirement for a public sidewalk along Shamrock Drive, approximately 0.2865 acres ± in size, legally described as Lot 1, Block E, County Glen Section 8 Subdivision, more particularly described by Williamson Central Appraisal District Parcel R083627; and more commonly known as 808 Crystal Falls Parkway, Leander, Williamson County, Texas.Discuss and consider action regarding Variance Case VA-26-0026 as described above.  ]
ITEM IS OUR PUBLIC HEARING. AND WE'RE GOING TO CONDUCT A PUBLIC HEARING REGARDING VARIANCE CASE V26-0026 TO REQUEST A VARIANCE TO THE COMPOSITE ZONING ORDINANCE. ARTICLE SIX, SECTION SIX, 15 AND 16, TO ALLOW FOR A FENCE TO BE PLACED WITHIN THE STREET SIDE. SETBACK ALONG SHAMROCK DRIVE AND REMOVE THE REQUIREMENT OF PUBLIC SIDEWALK ALONG SHAMROCK DRIVE, APPROXIMATELY 8.2. I'M SORRY, 0.2865 ACRES IN SIZE AS STATED ON THE POSTED AGENDA, AND MISS CORINNA COSTELLO WILL BE PRESENTING TONIGHT. GOOD EVENING, KARINA, WITH THE PLANNING DEPARTMENT. SO THE APPLICANT IS REQUESTING A VARIANCE FROM THE COMPOSITE ZONING ORDINANCE TO ALLOW FOR EVENTS TO BE PLACED WITHIN THE STREET SIDE SETBACK THAT'S ALONG SHAMROCK DRIVE, AND TO REMOVE THE REQUIREMENT FOR A PUBLIC SIDEWALK ALONG SHAMROCK DRIVE. THE ORDINANCE DOES PROVIDE THE BOA WITH THE POWER TO EVALUATE AND APPROVE THE VARIANCE REQUEST. DURING THE REVIEW, THE BOARD NEEDS TO EVALUATE THE FINDINGS OF FACT TO DETERMINE IF THE VARIANCE MAY BE APPROVED. BELOW ARE THE FOLLOWING. I'M GOING TO READ THROUGH THE VARIANCE REQUEST AND THE CODE REFERENCES. I DID WANT TO POINT OUT THAT WE NOTIFIED FOR ARTICLE SIX, SECTION SIX, 15, AND 16, BUT WE DID REMOVE SECTION SIX BECAUSE WE DIDN'T SEE THAT IT WAS FITTING FOR THE REQUEST. SO WE REMOVE THAT FROM THE FROM THE REQUEST HERE. SECTION 15. THE APPLICANT WISHES TO NOT HAVE A SIDEWALK ALONG THEIR SIDE OF SHAMROCK DRIVE FOR PUBLIC USE. THE ORDINANCE REQUIRES THAT A SIX FOOT CONCRETE SIDEWALK BE INSTALLED ON BOTH SIDES OF THE ROADWAY FOR PUBLIC USE, AND CONNECT TO EXISTING CROSS STREETS. STREET CROSSING SORRY, AS WELL AS BUILDINGS WITHIN THE DEVELOPMENT SECTION 16. THE APPLICANT WISHES TO PLACE A FENCE THAT IS OVER THREE FEET IN HEIGHT WITHIN THE STREET. 
          SITE SETBACK. THE ORDINANCE PROHIBITS FENCING WITHIN THE FRONT OF THE STREET OR THE STREET SIDE SETBACK OF ALL NONRESIDENTIAL DISTRICTS. THERE IS AN EXHIBIT THAT IS ALSO IN THE PACKET THAT I'VE PULLED UP HERE. JUST FOR YOUR REFERENCE, THIS IS WHERE THE STREET. LET ME SEE IF I CAN PULL UP THE ARROW. THE SIDEWALK WAS EXTENDED TO CONNECT TO THIS PROPERTY. AND THIS IS THE BUILDING RIGHT HERE. SO THIS IS SHAMROCK DRIVE. AND THEN THIS IS THE AERIAL AND IT GOT FENCED IN. SO THE SIDEWALK IS NOW BEING TAKEN AWAY FROM PUBLIC USE, AND IT IS NOW FENCED IN WITHOUT ACCESS TO THE PUBLIC. THE PROPERTY IS LOCATED WITHIN THE COUNTY GLEN SUBDIVISION AND IS SUBJECT TO THE LOCAL COMMERCIAL LC TWO SETBACKS. AS MENTIONED, THE PROPERTY WAS ORIGINALLY CONSTRUCTED AS A SINGLE FAMILY HOUSE AND IT WAS THEN CONVERTED TO A BUSINESS IN 2007. IN 2012, THE BUSINESS EXPANDED AND ADDITIONAL PARKING 
          [00:05:06]
WAS ADDED. AS PART OF THAT PROJECT, THE REQUIRED SIDEWALK ALONG SHAMROCK DRIVE WAS EXTENDED. IT WAS BUILT WITH OPEN. THE DRIVE WAS BUILT WITH OPEN DRAINAGE DITCHES, WHICH MAKES THE INSTALLING OF THE SIDEWALK WITHIN THE RIGHT OF WAY DIFFICULT. BECAUSE OF THE DESIGN, THE SIDEWALK WAS PLACED WITHIN THE PROPERTY WITHIN AN EASEMENT. THE ADJACENT RESIDENTIAL PROPERTY WAS DEVELOPED WITH A SIMILAR ROAD DESIGN BEFORE IT WAS INCORPORATED INTO THE CITY, SO IT DOES NOT INCLUDE SIDEWALKS. THE FACILITY IS NOW BEING LEASED BY ACHIEVING BETTER ABILITIES A B, A BEHAVIORAL THERAPY CLINIC SERVING CHILDREN WITH AUTISM AND DEVELOPMENTAL DEVELOPMENTAL DISABILITIES. THE CLINIC WAS INSTALLED, HAS INSTALLED THE BLACK TUBULAR METAL FENCE AROUND THE OUTDOOR PLAY AREA THAT EXTENDS ACROSS THE SIDEWALK TO THE PROPERTY LINE. AS A RESULT, ACCESS TO SIDEWALK IS NOW BLOCKED. 
          SIDEWALK CURRENTLY ENDS AT THE PROPERTY LINE, BUT WAS DESIGNATED WITH THE EXPECTATION THAT IT COULD BE CONTINUED THROUGH THE PROPERTY IN THE FUTURE, THROUGH THE NEIGHBORHOOD AND THE FUTURE. EXTENDING THE SIDEWALK WOULD REQUIRE A CITY FUNDED PROJECT, LIKELY IN CONJUNCTION WITH THE ROAD IMPROVEMENTS THAT WOULD INCLUDE CURB AND GUTTER. THIS IMPROVEMENT IS NOT CURRENTLY PART OF ANY OF OUR CIP FOR THE CITY. THE CODE ENFORCEMENT CASE WAS OPENED IN OCTOBER OF 2024, NOTIFYING THE PROPERTY OWNER THAT THE FENCE WAS IN VIOLATION WITH THE ORDINANCE. WE FOLLOWED UP AFTER THE INITIAL VIOLATION NOTICE TO HELP THEM WITH THE SUBMITTAL OF THE VARIANCE APPLICATION, BUT THEY DID NOT RESPOND TO STAFF. THE CASE WAS THEN FILED WITH COURT FOLLOWING NO UPDATES ON THE APPLICATION BEING SUBMITTED. THE APPLICATION WAS THEN SUBMITTED IN JANUARY OF THIS YEAR AND PROCESSED FOR REVIEW IN MARCH. 
          THEY DID HAVE A PRETRIAL IN LATE FEBRUARY AND WAS SET BACK 180 DAYS IN ORDER TO ALLOW THE APPLICANT TO PROCEED WITH THE VARIANCE REQUEST, WHICH IS WHY WE ARE HERE TODAY. AS PART OF THE RECOMMENDATION, YOU DO HAVE THE FOLLOWING CONDITIONS. DUE TO THE LAYOUT OF THE CONVERTED HOUSE, AND STAFF RECOMMENDS APPROVAL WITH THE FOLLOWING CONDITIONS. DUE TO THE LAYOUT OF THE CONVERTED HOUSE AND THE REQUIRED FENCING SETBACK, THE SITE HAS VERY LIMITED SPACE AVAILABLE FOR AN OUTDOOR PLAY AREA ASSOCIATED WITH THE USE. ADDITIONALLY, THE EXISTING SIDEWALK IS NOT PLANNED FOR EXTENSION IN THE NEAR FUTURE BY THE CITY, AS THE CURRENT ROADWAY DESIGN AND OPEN DRAINAGE SYSTEM RESTRICT THE ABILITY TO INSTALL A SIDEWALK WITHIN THE RIGHT OF WAY. THE. THE CONDITIONS LISTED ARE. FENCING IS LIMITED TO SIX FEET IN HEIGHT AND MUST CONTINUE TO BE. BLACK TUBULAR METAL FENCING. NUMBER TWO, THE SIDEWALK SHALL REMAIN IN PLACE IN THE EVENT THAT THE SIDEWALKS ARE EXTENDED ALONG SHAMROCK DRIVE. IF THE CITY PROJECT IS INITIATED, THEN THE FENCE SHALL BE REMOVED. CONDITION THREE THE FENCING SHALL BE REMOVED. ONCE THE CLINIC CEASES OPERATIONS AS PART OF THAT OF THE ACTION, THE BOARD WILL NEED TO CONSIDER THE FINDINGS OF FACTS THAT WERE ATTACHED AS ATTACHMENT NUMBER FIVE AS PART OF YOUR DETERMINATION. SO WE DO HAVE THE ATTACHMENT. I CAN READ IT TO GO STEP BY STEP. OR YOU CAN GO AHEAD AND TAKE THAT AND DECIDE AMONGST YOURSELF. YES. 
          AND I WILL BE AVAILABLE AFTER THE PUBLIC HEARING IF YOU HAVE ANY QUESTIONS. THANK YOU. SO THE PUBLIC HEARING IS NOW OPEN. THERE IS NOBODY PRESENT TO SPEAK. AND SO THE PUBLIC HEARING IS NOW CLOSED. SO Y'ALL CAN NOW DISCUSS THE FINDINGS. OKAY. WHEN WE SPEAK WITH EACH OTHER, DO WE NEED TO SPEAK IN FRONT? YOU NEED TO TURN ON THE AND. OKAY. MISS CASTILLO, I DO HAVE ONE QUESTION. ONE OF THE THINGS THAT YOU STATED WAS THAT AT ONE POINT THIS WAS THE SIDEWALK WAS DEVELOPED BEFORE IT WAS PART OF THE CITY OF LEANDER. DID I UNDERSTAND THAT CORRECTLY? AND THE NEIGHBORING PROPERTY. LET ME GO BACK. THE ADJACENT PROPERTY WAS DEVELOPED WITH A SIMILAR ROAD DESIGN BEFORE IT WAS INCORPORATED INTO THE CITY, SO IT DOES NOT INCLUDE SIDEWALKS. OKAY. UNDERSTOOD. ONE THING I DO WANT TO SHARE WITH WITH THIS GROUP IS THAT IN DOING RESEARCH PRIOR TO THIS MEETING, SHAMROCK DRIVE ALL THE WAY DOWN ON BOTH SIDES HAD DOES NOT HAVE SIDEWALKS ON EITHER SIDE OF THE ROADWAYS CURRENTLY. AND AS YOU STATED, MISS CASTILLO, THERE'S CURRENTLY NO PLAN FOR SIDEWALKS TO BE PUT IN. CORRECT. OKAY. 
          DOES ANYONE ELSE HAVE ANY QUESTIONS? NO REAL QUESTIONS. I DID DRIVE BY THERE TOO AND NOTICED THE SAME THING AND THOUGHT IF THEY'RE WILLING TO REMOVE THE FENCE, IF A SIDEWALK DOES BECOME NECESSARY, WHICH I THINK YOU SAID THEY WERE, THEN THERE SEEMS TO BE NO REASON TO DO IT. IT'S NOT IN THE PLANNING ANYWHERE. IT COULD BE YEARS, IT COULD BE MONTHS, BUT IT'S PROBABLY GOING TO BE YEARS DOWN THE LINE. YEAH. THE OTHER THE OTHER QUESTION THAT I HAD. CAN YOU HEAR ME? OKAY, THERE WE GO. NOW IT'S WORKING. THE OTHER QUESTION THAT I HAD WAS THE IN THESE PHOTOS AND, AND RESEARCHING PRIOR TO THIS MEETING, THE SIDEWALK DOESN'T APPEAR TO GO ANYWHERE. IS THAT ACCURATE? CORRECT. I NOTICED THAT TOO. OKAY. AND SO THIS DOESN'T IMPACT AT ALL THE LITTLE BIT OF SIDEWALK THAT IS ON. ACTUALLY, IT'S NOT A LITTLE 
          [00:10:05]
BIT THE SIDEWALK THAT'S ON CRYSTAL FALLS, CORRECT? CORRECT. SO THIS WOULD BE THE SIDEWALK ON CRYSTAL FALLS THAT WOULD CONTINUE. THIS IS JUST STRICTLY TALKING ABOUT THE PIECE ON SHAMROCK DRIVE. OKAY. UNDERSTOOD. ANY OTHER QUESTIONS? I DON'T HAVE ANY QUESTIONS, BUT BASED ON THE FINDINGS THAT BOTH CYNTHIA AND TARA SAW, THAT THE SIDEWALK IS ONLY ON THE CRYSTAL FALLS PARKWAY, BUT NOT ON THE SHAMROCK DRIVE. SO IT MAKES SENSE NOT TO HAVE IT ON SHAMROCK DRIVE. DOES THIS IMPACT SCHOOL BUSSES AT ALL? BECAUSE I KNOW THAT VALOR K THROUGH 12 IS NEARBY, OR K THROUGH TWO IS NEARBY. I DON'T KNOW THAT VALOR HAS ANY SCHOOL BUSSES. I KNOW LASD DOES USE THE SIDEWALKS TO DETERMINE WHETHER THEY NEED TO BUS KIDS OR NOT. OKAY, BUT SEEING THAT IT DOESN'T GO VERY FAR, I'M NOT SURE THAT WOULD BE A BIG IMPACT. 
          OKAY. THANK YOU. I WAS GOING TO ASK. I KNOW VALOR RIGHT NEAR THAT CORNER. IS THERE ANY, LIKE A LOT OF KIDS THAT WALK DOWN SHAMROCK DRIVE OR DO WE KNOW OR. I'M NOT FAMILIAR. I'M NOT SURE WHAT THE TRAFFIC IS LIKE ON THE SIDEWALKS. AND I GUESS CONSIDERING THAT THERE IS SIDEWALK THERE ON THE CORNER AT CRYSTAL FALLS AND SHAMROCK BEFORE YOU GET TO THE PROPERTY, THERE'S A SAFE PLACE THAT KIDS COULD STAND IF THEY NEEDED TO ACROSS THE STREET IF THEY NEEDED TO. THIS PARTICULAR PIECE OF SIDEWALK. AND IN MY MIND, IT DOESN'T IMPACT ANYTHING UNLESS THE CITY DECIDES TO PUT IN SIDEWALKS ON EITHER SIDE OF SHAMROCK. SO DO WE APPROVE THIS MOTION? IS THAT WHAT? THAT'S OKAY. DO YOU WANT ME TO READ IT FOR YOU? YEAH. GO AHEAD. OKAY. ALL RIGHT. SO I'M GOING TO GO THROUGH AND READ ALL OF THEM. THE REQUEST IS CONSISTENT WITH THE GENERAL PURPOSE AND SPIRIT OF THE ORDINANCE AND THE VARIANCE FURTHER FURTHERS SUBSTANTIAL JUSTICE. YES OR NO? CAN YOU STATE THAT ONE MORE TIME, PLEASE? PLEASE. THERE ARE UNUSUAL. I'M SORRY. THE REQUEST IS CONSISTENT WITH THE GENERAL PURPOSE AND SPIRIT OF THE ORDINANCE, AND VARIANCE FURTHERS SUBSTANTIAL JUSTICE. 
          YES YES YES YES. OKAY. AND THEN THE SECOND ONE IS THE CASE WAS HEARD BY AT LEAST 75% OF THE MEMBERS OF THE BOARD. YES, YES. THE REQUEST FOR A SETBACK 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 IRREGULAR SHAPE OF LOT TOPOGRAPHY OR OTHER CONDITIONS. YES. YES. YES YES. THE VARIANCE WILL NOT SIGNIFICANTLY AFFECT ANY ADJOINING PROPERTIES OR THE GENERAL WATER. YES, YES. THE VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST. YES. YES YES YES. THE REQUEST FOR VARIANCE IS OWING TO A SPECIAL CONDITION INHERITED IN THE PROPERTY ITSELF, WHICH IS NOT SELF-IMPOSED OR SELF-CREATED. YES, YES, YES. WELL, IT KIND OF IS. BUT THEY'RE ASKING FOR MORE BACKYARD, BASICALLY. OKAY, THEN LET'S TALK ABOUT THAT. I DON'T KNOW THAT WE CAN GIVE THEM MORE SPACE UNLESS THEY'RE WILLING TO CONVERT SOME OF THEIR PARKING SPACE. AND THAT THAT PARKING LOT IS PRETTY SUFFICIENT. I DON'T KNOW WHAT THE OTHER BUILDINGS ARE AROUND IT, BUT THERE'S A PARKING LOT THAT RUNS BEHIND IT. YEAH, THAT'S PRETTY GOOD. IT'S JUST BECAUSE IT WAS ORIGINALLY A SINGLE FAMILY DWELLING AND THE WAY IT'S LAID OUT, IT'S HARD TO DETERMINE REALLY WHAT THEIR BACKYARD WAS. THEY MIGHT BE ASKING FOR MORE. IS THIS RED LINE THE PROPERTY LINE CORRECT. AND THEN THE ADJACENT PROPERTY NEXT TO IT? THAT PARKING LOT IS THEIRS AND IT LOOKS LIKE IT'S A SHARED PARKING. YEAH. THERE'S SOME OTHER THINGS. THEY HAVE A SHARED DRIVE. OKAY. AND MAYBE THAT'S PART OF THE ISSUE IS BECAUSE THERE'S A DRIVEWAY ON CRYSTAL FALLS AND A DRIVEWAY ON SHAMROCK THAT LIMITS THEIR ABILITY TO HAVE ADDITIONAL SPACE. I MEAN, IN MY MIND, AND YOU TELL ME, MISS CASTILLO, IS, IS THIS SOMETHING THAT IS THE CITY'S RESPONSIBILITY TO GIVE THEM ADDITIONAL SPACE? YEAH. GO AHEAD. YEAH. SO I'M ROBIN GRIFFIN, DEVELOPMENT SERVICES DIRECTOR. SO I WAS HERE WHEN IT WAS CONVERTED TO COMMERCIAL USE, AND THEY ACTUALLY BROKE IT UP INTO TWO SUITES. SO IT STARTED OUT AS A HAIR SALON. OKAY. AND THEN AN OFFICE SPACE. AND THIS WHOLE PARKING AREA IS USED BY BOTH BUILDINGS. SO THEY NEED ALL OF THAT PARKING TO SERVE ALL OF THE COMMERCIAL DEVELOPMENT WITHIN THE SITE. 
          OKAY. BUT THEIR ORIGINAL BACKYARD WENT UP TO THE NORTH. SO THE HOUSE FACED SHAMROCK, AND THE BACKYARD OF THE HOME WAS IN THE NORTH SIDE OF THE PROPERTY. OKAY, SO THEN IT WAS 
          [00:15:05]
DONE. IT WAS DESIGNED FOR A HAIR SALON. NOW IT'S CONVERTED TO THE DAYCARE AND THEY HAVE A REQUIREMENT FOR A CERTAIN AMOUNT OF OUTDOOR AREA FOR THE CHILDREN. I THINK IT'S A STATE REQUIREMENT. AND THAT'S WHEN THEY FENCED IN THE SIDE YARD AND TOOK OVER THAT PART OF THE SIDEWALK. THAT SIDEWALK WAS ALONG THE FRONT OF THE RESIDENCE, KIND OF LIKE AT YOUR HOME, HOW YOU HAVE THE SIDEWALK GOING TO THE MAILBOX. YEAH. AND SO THAT'S WHY IT WAS JUST A LITTLE PIECE. AND THEN THEY WORKED WITH THE CITY TO CONNECT IT. SO THEY BUILT SEGMENTS OF IT TO CONNECT THE TWO BUILDINGS BECAUSE THEY MADE THEM INTO A COMMERCIAL USE. OKAY. SO IT'S KIND OF A FORCED. YEAH. IS THERE A REQUIREMENT FOR THE NUMBER OF PARKING SPOTS THOUGH? YES, THERE IS A REQUIREMENT AND THAT IS IT. DOES IT JUST BARELY MEET THAT REQUIREMENT? IS THAT CAPACITY. SO WE COULDN'T TAKE OUT THE EXISTING PARKING TO CREATE AN OUTDOOR SPACE FOR THEM. OKAY. SO MY UNDERSTANDING IS THAT OR HOW, HOW I READ THIS AND IF I MISUNDERSTOOD, PLEASE CORRECT ME IS THAT THEY'RE NOT NECESSARILY ASKING FOR MORE SPACE. THEY'RE JUST ASKING TO BE ABLE TO KEEP THIS PLAY SPACE THAT THEY HAVE. OR DID I MISUNDERSTAND? THEY'RE ASKING TO FENCE IT IN. SO IT'S STILL THEIR PROPERTY, BUT YOU'RE NOT ALLOWED TO PUT A FENCE ON THAT PORTION IN THE SETBACK. SO THEY'RE JUST ASKING, BUT IT'S ALREADY FENCED. SO THEY DID IT WITH WHEN THEY WEREN'T SUPPOSED TO. CORRECT. AND SO WHAT THE WHAT THE REQUEST IS, IS ARE WE GOOD WITH LETTING THEM LEAVE IT FENCED. CORRECT. OKAY. SO IN OTHER WORDS, THEY HAVE PUT A FENCE ON NOT THEIR PROPERTY. THIS IS IT IS THEIR PROPERTY. THIS IS THE FENCE AND IT GOES ALONG. SO WHO HAS THE EASEMENT? THERE IS AN ACCESS EASEMENT. IT'S STILL THEIR PROPERTY. OKAY. 
          IT'S JUST THE CITY HAS PUBLIC ACCESS. THAT'S OKAY TO DO TO PUT A FENCE ON AN ACCESS EASEMENT. THAT'S WHAT WE'RE HEARING TODAY. OKAY. I MEAN, IS IT GENERALLY IS IT DONE? IT'S DONE BECAUSE I KNOW THAT SOMETIMES WITH PUBLIC UTILITY EASEMENTS AND THINGS, YOU CAN'T DO ANYTHING TO THEM. IF I AM PERFECTLY OKAY WITH THEM DOING IT, AS LONG AS WE'RE NOT VIOLATING ANY OTHER ASPECT OF THE LAW. YES. YES. BUT I'M SORRY. I KNOW BETTER THAN TO TALK ON THE SIDE. SO WHEN YOU HAVE A SIDEWALK EASEMENT, IT'S GRANTING PERMISSION FOR THE THE PUBLIC TO USE THE PROPERTY AS A SIDEWALK. SO IF THEY THEY BLOCK IT OFF. WHEN WE APPROVE THIS VARIANCE, WE'LL ASK THEM TO VACATE. THAT'LL BE A SENSITIVE TOPIC BECAUSE WE'LL PROBABLY WANT IT IN THE FUTURE. SO WE'LL PROBABLY HAVE TO WORK WITH LEGAL TO COME UP WITH A COMPROMISE THAT WOULD ALLOW THE ACCESS TO BE LIMITED. BUT THEN LET US HAVE THESE IN THE FUTURE. 
          SO WE'LL HAVE TO WORK THAT ANGLE. OKAY. AND WE'RE NOT STEPPING ON ANY TOES BY DOING THIS. NOW WITH THE FENCE. I DON'T THINK SO. OKAY. HOW LONG HAVE THEY BEEN IN THIS SPACE? AT LEAST A YEAR. OKAY. I WISH THEY WERE HERE. YEAH. 2024. OKAY. SAYING YES. IS THERE ANY CONCERN WITH THE DRAINAGE AND WATER RUNOFF THAT APPEARS TO GO THROUGH THIS EASEMENT? SO THEY'RE USING WROUGHT IRON SO WATER CAN FLOW THROUGH IT. OKAY. AND SO WE'RE NOT CONCERNED WITH ALL THE WATER THAT WE'VE HAD. IF THERE'S ANY DAMAGES THAT HAPPEN TO THAT FENCE, THERE'S THE CITY WOULD NOT BE RESPONSIBLE, NOT LIABLE. AND I DON'T THINK THEY'RE FENCING THE DITCH. I THINK THAT'S JUST OUTSIDE THE DITCH. IT'S JUST OUTSIDE OF IT. YEAH. OKAY. SO THAT SPACE WITH THAT LITTLE SIDEWALK THAT LIKE A PLAYGROUND, IT IS CURRENTLY USED AS A PLAYGROUND. SO THE FLOODING AND FLOODS THERE OR ANYTHING DOESN'T SEEM TO, BUT I MEAN, IF WE HAD ENOUGH RAIN, IT PROBABLY WOULD, BUT I IMAGINE THE KIDS WOULDN'T BE OUTSIDE IN THE RAIN. 
          IT'S A SMALL SPACE. YEAH, THEY COULD USE THE ROOM, RIGHT? YEAH. OKAY, SO BACK TO IT WAS NUMBER FIVE, CORRECT? DDI CAN READ IT AGAIN. THE REQUEST FOR A VARIANCE IS OWING TO A SPECIAL CONDITION INHERENT IN THE PROPERTY ITSELF, WHICH IS NOT SELF IMPOSED OR SELF CREATED. I THINK I CAN SAY YES NOW. YES, YES. LITERAL ENFORCEMENT OF THE PROVISIONS OF THE APPLICABLE ORDINANCE WILL RESULT IN AN UNNECESSARY HARDSHIP. YES, YES, THEY'LL LOSE YOUR LICENSE. YEAH. 
          YES. ALL RIGHT. SO NOW WE TAKE MOTION AND SECOND. MOTION FOR CLARIFICATION. ARE YOU ACCEPTING THE RECOMMENDATION THAT IS BEING BROUGHT FORWARD CONDITIONS AS PART OF THE VARIANCE. TO THE RECOMMENDATION THAT THE RECOMMENDATIONS. STAFF RECOMMENDS APPROVAL OF THE REQUEST WITH THE FOLLOWING CONDITIONS. THE FENCE IS LIMITED TO SIX FEET IN HEIGHT AND MUST CONTINUE TO BE BLACK. TUBULAR METAL VIEWING FENCE NUMBER TWO THE SIDEWALK SHALL 
          [00:20:01]
REMAIN IN PLACE IN THE EVENT THAT SIDEWALKS ARE EXTENDED ALONG SHAMROCK DRIVE. IF A CITY PROJECT IS INITIATED, THEN THE FENCE SHALL BE REMOVED. NUMBER THREE THE FENCING SHALL BE REMOVED. ONCE THIS CLINIC WHERE ADA SEES THIS OPERATION. I MOVE THAT WE ACCEPT THE VARIANCE BASED ON THOSE THREE CONDITIONS. SECOND, I SECOND. AND. COMMISSIONER ROSENTHAL, HOW DO YOU VOTE? I? YES. I YES, COMMISSIONER. I COMMISSIONER I. AXIS. YES. OKAY. I WANT TO DO ANYTHING ELSE. NO. GOOD. SO WITH THAT, THAT'S ALL OF THE ITEMS ON THE AGENDA. SO WE'RE ADJOURNED AT
* This transcript was compiled from uncorrected Closed Captioning.