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 Welcome to ZBA Zoning Board of Adjustment meeting December 14th, 2020 at 3.40 p.m.

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 We are calling the meeting to order.

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 Our first order of business is a pledge to the United States and the Texas flags as follows.

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 I pledge allegiance to the flag of the United States of America and to the Republic for

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 which it stands, one nation under God, indivisible, with liberty and justice for all.

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 I pledge allegiance to the Texas, one state under God, one state indivisible.

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 Items for consideration, item number 2A on our agenda is to consider approval of the

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 Zoning Board of Adjustment Commission minutes for November 30th, 2020.

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 I will entertain a motion or discussion for these minutes.

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 Thank you so much.

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 All in favor, if you would please use your participant's button and go to the bottom

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 to click the green "yes" or the red "no" and Ron are you able to see these, I do not.

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 No what we need to do, Jennifer, is if we can go board by board member and ask how they

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 vote.

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 Board member Higgins.

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 Approve.

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 Board member Redwine.

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 Approve.

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 Board member Meisner.

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 Approve.

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 Board member Horton.

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 Approved.

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 Board member Linus.

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 Approved.

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 And I vote approve as well.

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 All right then.

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 The next order of business is the agenda item number 2B on our agenda is to consider two

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 variance requests from the Denton Development Code section 3.2.5 R4 residential related

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 to the minimum front and rear yard setbacks and table 3.7A authorized exceptions to setbacks

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 related to the front porch projection.

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 The variance requested is for the construction of a single family dwelling which would encroach

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 into the minimum setbacks the approximately 0.07 acre subject property is generally located

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 on the southwest corner of East Hickory Street and Crawford Street.

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 It's numbered V20-0004 Holland setback via Julie Wyatt.

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 Is the applicant or representative present?

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 Yes ma'am.

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 Joe Holland.

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 Joe Holland.

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 Could you please turn your camera on and your microphone which you have done and we'll administer

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 the oath.

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 Chair, Vice Chair, Lane if we can have a five second pause we're trying to get audio here

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 in the work session room so that we have the other staff members here present that can

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 hear the presentation as well as present.

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 Give us a couple minutes here before.

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 We also want to include okay now we do now we have him so we also want to make sure we

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 include Julie Wyatt in the swearing in as well.

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 Mr. Reedy are you on this item are you speaking for this item the first item that was introduced

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 by Vice Chair Lane?

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 I believe so I've been involved since the beginning of the project.

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 Okay we just want to make sure that those that are going to be speaking on this item

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 are present and we can then administer the swearing in.

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 So go ahead Jennifer.

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 I do not have the oath in front of me I don't believe it unless it's in these notes.

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 It should be emailed emailed to you just morning if.

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 All right let me take a quick peek I should have it I got notes from you that I don't

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 believe so let me see if you did before you sent me the notes oh yeah we have it all right

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 very good thank you yeah okay yeah all right um if you're appearing before this board as

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 provided under chapter 602 comma 0025 of the Texas Government Code all testimony is sworn.

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 Would you please identify yourself for the record?

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 Please raise your right hand to be sworn my name is Joe Holland thank you and here is

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 the oath under penalty of perjury do you swear or affirm that any testimony or information

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 you provide or any statement you make before this board is complete true and correct to

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 the best of your knowledge and ability I do so swear thank you and please proceed with

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 your statement now Ron do we want to swear in the next speaker at this time or wait yes

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 no we need to swear all them at the same time if we can so Mr. Reedy as well as Ms. Wyatt

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 and Ms. Wyatt will then make the presentation but if we can swear both of them prior to

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 that presentation that would be good terrific okay Mr. Reedy could you please identify yourself

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 for the record my name is Kenneth Lee Reedy and you have your right hand raised thank

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 you under penalty of perjury do you swear or affirm that any testimony or information

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 you provide or any statement you make before this board is complete true and correct to

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 the best of your knowledge and ability I do swear it's correct thank you and please proceed

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 with your statement the third person Julie Wyatt senior planner with the city of Denton

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 Julie and you have your hand raised could you please identify yourself for the record

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 Julie Wyatt thank you under penalty of perjury do you swear or affirm that any testimony

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 or information you provide or any statement you make before this board is complete true

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 and correct to the best of your knowledge and ability I do thank you and please proceed

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 with your statement that applies to all three of you thank you and now will we have a presentation

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 Ron yes Ms. Wyatt if you can begin that all right let me pull up my presentation here

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 we'll get started so this is item I recommend that everybody do so so this is item v20-0004

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 Holland setback so the request includes two proposed variances the first one is from section

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 3.2.5 that is the related to the minimum front and rear yard setbacks within the r4 zoning

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 district and also table 3.7 - a and that is related to a front porch projection the subject

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 property is located at the intersection of Hickory and Crawford it's outlined here in

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 yellow as you can see before we go further on the request I wanted to talk a little bit

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 about the history of the site so the property was platted in 1922 as the Solomon Hill addition

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 the dimensions of that lot were 25 feet by 115 feet for a total square footage of 2875

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 as you can see right here this is that original plat and I've blown up the area that is near

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 to the subject property the subject property being outlined in red here we did some research

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 on historical aerials of the site and the surrounding area and as you can see on that

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 1942 aerial there once was a structure on on the property sometime around 1972 that

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 structure was removed and so it has remained vacant since then.

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 Last year or in 2019 the Denton adopted a the 2019 Denton Development Code we updated

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 our development regulations within the city as part of that the subject property transitioned

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 to an R4 district an R4 district includes both minimum lot dimensions and yard setbacks

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 so just want to talk briefly about that so first of all in terms of lot dimensions R4

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 requires typically for a newly platted lot 50 feet wide and 80 feet deep for and a total

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 minimum square footage of 7,000 square feet also there are minimum setbacks associated

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 with R4 first the front yard setback is 20 feet and as you can see here on the diagram

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 that front yard setback actually wraps around in corner lots so that each street frontage

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 for a corner lot actually does have that required 20 foot front yard setback there's a 10 foot

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 rear yard setback and then those side yard setbacks for those interior lot lines are

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 five feet as you can see depicted here so what that means for the subject property since

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 it does have that R4 district designation I've overlaid what those setbacks would have

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 looked like on the subject site now these aren't to scale so this is just my quick drawing

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 but it does give it a sort of a visual of those setbacks as you as you know this is

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 that corner lot so there is that 25 feet of frontage along Hickory and then 115 feet of

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 frontage along Crawford feet Crawford Street when you apply that 20 foot setback along

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 those two frontages it's about in that location of the green area now as this the code does

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 not prescribe what what would be the lot frontage on a corner lot so a lot a structure could

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 be oriented toward either street in this case the applicant is proposing to orient the structure

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 toward Crawford Street and so we've just I've depicted that rear yard setback along that

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 opposite property line in this location so as you can see with that front yard setback

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 and that 10 foot rear yard setback those overlap really taking up the entire 25 feet of width

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 of the subject site now if they were if the proposed structure was oriented toward Hickory

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 Street we would have a similar condition although it would be a five foot side yard setback

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 it wouldn't necessarily overlay overlap like the 10 foot rear yard setback but it would

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 take up the entire 25 feet of width of that lot so before we get into what the applicant's

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 proposing I do want to talk a little bit about lot dimensions so as I've mentioned with the

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 R4 zoning district that applies to the subject property has a minimum lot width depth and

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 size however the subject property does not conform to those minimum lot sizes the Denton

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 Development Code actually addresses that in section 1.5.3 I the adoption of the DDC would

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 not cause any existing legally established single-family lot to become non-conforming

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 in this instance because the lot was plotted in 1922 it is a legal and conforming lot for

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 that section of the Denton Development Code however it doesn't it doesn't mean that those

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 setbacks don't apply to the property so that's why we're here tonight is due to those front

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 and rear yard setbacks so in order to develop the property the property owner the applicant

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 is proposing a five foot front yard setback a two foot six inch rear yard setback and

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 then the side yard setback would conform to the minimum requirements they're also proposing

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 to allow that front porch to to encroach into that front yard setback so that it would be

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 no closer than two feet from that front property line so let's let's take a look and see what

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 that looks like in practice so here's what the applicant is proposing this is that subject

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 property again and they've put a conceptual site plan together so they are proposing a

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 a three-story single-family dwelling and those the elevation of that proposed dwelling is

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 in your backup it is a 20 feet six inches deep and about 41 feet wide so you can see

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 it's sort of a narrow layout of that single-family dwelling it also does have as part of that

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 20 feet a three foot porch outlined here in green they are proposing to provide parking

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 on site in this location in the blue and as I stated it is oriented toward Crawford Street

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 now as it's proposed this would allow for a two foot six inch rear setback in this location

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 a five foot setback in this location however with that three foot front porch encroachment

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 as they've laid out the site as shown it's about 50 feet from Hickory and then about

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 20 feet from that rear property line so the criteria for approval for variances is in

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 sub chapter two of the debt and development code and we'll go by go over those one by

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 one first the special circumstances or conditions apply to the parcel for which the variance

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 is sought which circumstances or conditions are peculiar such parcel and do not generally

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 apply to other parcels in the same district or neighborhood in this instance this is a

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 legal lot so it was plotted in 1922 and the development code does state that it is a legal

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 lot but it is smaller and narrower than a typical r4 lot so that's why those those setbacks

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 are difficult to meet compliance with the front and rear yard setback would prevent

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 any development of the lot as depicted in that previous slide and these lot boundaries

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 are fixed so so there is development adjacent to the property as well as a road on the other

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 side so it really is situated between hardened boundaries that would prevent the property

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 owner from obtaining additional property to meet those setbacks second the granting of

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 the variance would not be detrimental to the public welfare or injurious to other property

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 or improvements in the district or neighborhood other proposed variance if approved would

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 allow the development of a single family dwelling which is consistent with the surrounding residential

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 uses improvements would activate and occupy the site potentially improving the maintenance

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 and reducing the number of potentially reducing the number of future trash and debris or high

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 high grass violations on the site so code violations on the site and then finally a

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 minimum 20 foot setback on east hickory so it would still comply with that side setback

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 on east hickory that 20 foot setback would be required and so it would maintain that

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 visual consistency down that right right away third the variance granted is the minimum

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 variance that would accomplish the purpose i propose the proposed variances are the minimum

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 necessary to locate the intended dwelling on the site for the little and literal enforcement

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 and strict application of the provisions of this ddc will result in an unnecessary hardship

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 inconsistent with the general provisions and intent of the ddc the intent of residential

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 setbacks is to encourage visual consistency along rights of way and within neighborhoods

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 and also provide safe separation reducing the setbacks as proposed would meet the spirit

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 of the requirements while allowing the lot to be utilized as plotted and buildings inspections

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 have also and fire have also reviewed the proposal um for for to meet their safety guidelines

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 uh the granting of the variance is not solely for the purpose of mitigating a financial

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 hardship it is it is not uh proposed for that purpose and then finally the condition or

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 feature that creates the need for the variance did not result from the homeowner or the owner's

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 actions the property boundaries were established in 1922 and remain have remained unchanged

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 and therefore this condition was not created by the property owner um just want to show

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 you a few uh photos of the site so this is um looking at the corner the site is located

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 right here um just to orient you this is hickory street looking toward downtown you can see

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 the wells fargo building in this location um this is along crawford street looking toward

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 the intersection um this is a little different vantage point looking sort of a bird's eye

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 view at the site in that adjacent development um finally although public outreach is not

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 required for a variance staff did request that the um that the applicant reach out to

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 the property owner adjacent uh directly adjacent to the site um they did provide a letter stating

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 that they do not oppose the the proposed housing project um so based upon the criteria for

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 approval staff recommends approval of the variances as written um and uh the applicant

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 is on on the zoom call and i will be happy to answer any questions

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 thank you very much um next up is uh the applicant um who's been sworn in good afternoon um i'm

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 excited about this project and i'd like to just share with you a little bit about how

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 this uh how this comes about if i can keep the shadows off my face uh i own the property

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 across the street across crawford street uh across crawford street i have a very very

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 nice family that lives there and um the the the lot that i am looking to get uh a variance

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 on has been a a source of uh of trash uh beer cans hypodermic needles just all sorts of

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 things that have been there consistently since i've owned the property across the street

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 uh it's it's in my best interest as well as the neighborhood's best interest for something

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 to be done to that corner to prevent it from from being this illegal trash dump that it's

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 become none of the other uh three corners on that lot are are trash dumps um it's a

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 tiny little lot and it's an it's sort of an odd shape uh but uh but my my idea is that

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 we could put a house on there uh while we don't have much uh much to go out we've got

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 a little room to go up and i and i think it'll be a unique structure um and complement the

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 neighborhood i think it's a win-win-win situation uh the owner the owner doesn't know what to

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 do with the property he wants out from under it i'd like to make it make it complement

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 the neighborhood and uh the city is getting about two or the city county and school district

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 are getting about 250 dollars a year in taxes on this otherwise useless piece of property

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 so uh everybody as i see it everybody's a winner i'd love to entertain any questions

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 thank you are there any questions for mr holland

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 uh uh board member miser um i i have a question regarding the height are there any um are there

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 any height restrictions in relation to the property was everyone able to hear um board

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 member miser's question she's asking if there are any restrictions in relation to the property

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 uh if that if that's directed to me and miss wyatt please correct me if i'm mistaken here

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 uh there are height restrictions and we are under those height restrictions correct our

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 four district has a maximum building height of 40 feet and as proposed it it would be

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 under that thank you thank you are there any other questions hi judge holland um um excuse

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 me but i will i will recognize the members of the board thank you by all means please

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 uh board member linus please ask your question thank you uh dr lain um hi judge holland um

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 my my question is the um there was one comment coming back from somebody in the neighborhood

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 was that the the resident just to the west of that property or oh ken is saying yes it

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 is okay okay and uh miss wyatt suggested that that uh i i reach out to them and and they

216
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 and they they have seen the same problem with that piece of property as far as trash that

217
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 i have they've uh they've complained i don't know how many times uh many many times to

218
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 their uh as we spoke they've moated them at their own cost to uh to to make it to make

219
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 it you know a better part of the neighborhood uh i i i think they'd like to see this developed

220
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 into a into a uh something that would contribute to the neighborhood okay thank you that that

221
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 was my main concern because a three-story building overlooking a one-story building

222
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 could be hard in the neighborhood but that was my concern thank you vice chair lane i

223
00:23:56,560 --> 00:24:01,280
 just wanted to remind you we're getting word that your volume is low if you can speak up

224
00:24:01,280 --> 00:24:06,520
 that would be great i'd be happy to is this better is that better it's still low i don't

225
00:24:06,520 --> 00:24:15,640
 know if your phone can be adjusted i have uh the volume up quite high but um maybe if

226
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 i'm closer to the microphone i'm using headphones i know i've seen uh that same thing happened

227
00:24:21,080 --> 00:24:27,280
 with david higgins how's this it's fine soft it's fine it's fine yeah okay i have a question

228
00:24:27,280 --> 00:24:39,040
 yes uh council member i mean uh board member higgins question for um miss wyatt uh this

229
00:24:39,040 --> 00:24:48,080
 lot is designated further on or maybe it's an exhibit one of the other exhibits as being

230
00:24:48,080 --> 00:24:58,360
 an interior this lot one is a lot right and lot two looks like it was a replatted lot two

231
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 and three or because if you look at one of the old maps it looks like it's the same size

232
00:25:03,000 --> 00:25:13,800
 as lot one is now but it is it is a wider lot however now lot one is shown as a interior

233
00:25:13,800 --> 00:25:27,400
 lot and i believe a corner lot on one of your other slides so yes you are correct the adjacent

234
00:25:27,400 --> 00:25:33,160
 property um there there have been there's been some redevelopment of the area and several

235
00:25:33,160 --> 00:25:38,240
 homes have been actually built across two lots so the adjacent property while it has

236
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 not been replatted into one lot um that that house on the adjacent lot uh goes across lot

237
00:25:46,820 --> 00:25:51,640
 two and three or those those two adjacent lots um so there has been some redevelopment

238
00:25:51,640 --> 00:26:01,360
 in in the area with um with with um structure spanning two lots or portions of lots yeah

239
00:26:01,360 --> 00:26:07,160
 okay that's fine i noticed that the lot next to lot two is designated lot four which you

240
00:26:07,160 --> 00:26:13,840
 know tells me that it's been replatted but my question now relates to lot one as it sits

241
00:26:13,840 --> 00:26:19,640
 now there's another slide or maybe it's a picture in a different exhibit that shows

242
00:26:19,640 --> 00:26:26,440
 that lot one seems to be being thought of in two pieces it's called an interior lot

243
00:26:26,440 --> 00:26:35,120
 and a corner lot right well that has to do with the setbacks so um corner lots are treated

244
00:26:35,120 --> 00:26:39,960
 a little differently than interior lots within the dent and development code and when i say

245
00:26:39,960 --> 00:26:46,120
 interior a lot i mean that they they um they they have a a lot on either side of them so

246
00:26:46,120 --> 00:26:52,000
 there's not a right of way um when when a lot is a corner lot within the 2019 dent and

247
00:26:52,000 --> 00:26:58,160
 development code so it has it's adjacent to two rights of way it actually has two front

248
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 yard setbacks you can kind of think of it that way where each of that each of those

249
00:27:03,640 --> 00:27:09,080
 property lines adjacent to that right of way have to respect that 20 foot front yard setback

250
00:27:09,080 --> 00:27:15,440
 for instance in r4 so so the the lot lines that are adjacent to the right of way have

251
00:27:15,440 --> 00:27:23,160
 that um increased setback where is whereas the the lot line adjacent to the um the uh

252
00:27:23,160 --> 00:27:30,600
 just another residential lot would have um that side yard setback of five feet in this

253
00:27:30,600 --> 00:27:35,520
 instance the way they're orienting the building it actually would be the rear yacht lot lot

254
00:27:35,520 --> 00:27:42,520
 or the the rear yard setback so it's a little different um but but yes there there is that

255
00:27:42,520 --> 00:27:48,720
 variation and the code does treat those two lot side lot types differently okay but it's

256
00:27:48,720 --> 00:27:57,760
 two it's one lot it is one it's a block seven lot one yes sir yes okay so if you it would

257
00:27:57,760 --> 00:28:07,880
 then be possible as i understand it to build a second structure possibly three story on

258
00:28:07,880 --> 00:28:12,720
 the corner lot on the front there are different setbacks but now you can build two on one

259
00:28:12,720 --> 00:28:21,000
 or when you look at the map it's being built on the back half of that lot thinking of hickory

260
00:28:21,000 --> 00:28:26,800
 as the front end and you could therefore have the other half available to build another

261
00:28:26,800 --> 00:28:31,640
 house possibly a three story house as long as it's under 40 feet and you would therefore

262
00:28:31,640 --> 00:28:37,240
 have two structures and it would seem to me that uh you know without trying to read the

263
00:28:37,240 --> 00:28:44,600
 mind of the developer that if they were really going to take a building that's 2783 feet

264
00:28:44,600 --> 00:28:52,360
 i believe is the number they could certainly do that in that lot in a much better configuration

265
00:28:52,360 --> 00:28:57,720
 and what's that one that would be much more consistent with the neighborhood uh in terms

266
00:28:57,720 --> 00:29:05,480
 of land area in terms of height then squashing it all down into what's being called the interior

267
00:29:05,480 --> 00:29:11,240
 half of the lot now i don't know i i'm not i'm not reading his mind but you know i mean

268
00:29:11,240 --> 00:29:17,440
 what that does come to mind when you look at the drawing of the structure is provided

269
00:29:17,440 --> 00:29:25,480
 by the architect so the question again is could you under this plan build a second structure

270
00:29:25,480 --> 00:29:32,400
 on the front end the on the hickory end of that lot with this one already on the other

271
00:29:32,400 --> 00:29:37,640
 end of the lot i and your i understand your question now actually you could not in this

272
00:29:37,640 --> 00:29:44,600
 instance so r4 does require um it is a a one of our zoning districts that's a primarily

273
00:29:44,600 --> 00:29:49,960
 single-family zoning district it does permit town homes and duplexes but those require

274
00:29:49,960 --> 00:29:56,440
 a specific use permit and approval from council additionally given that lot size the lot could

275
00:29:56,440 --> 00:30:04,160
 not be further subdivided to be smaller to allow for further development of that of that

276
00:30:04,160 --> 00:30:08,980
 front portion adjacent to hickory the only way it could be subdivided further would be

277
00:30:08,980 --> 00:30:14,860
 to get approval of a variance for a smaller lot in that case it wouldn't have that protection

278
00:30:14,860 --> 00:30:20,640
 of being that legal lot of record that the the 2019 debt and development code affords

279
00:30:20,640 --> 00:30:26,720
 in this instance okay then i would direct this question to judge holland why did you

280
00:30:26,720 --> 00:30:35,440
 push it way down to the far end of the lot two reasons sir uh one to uh to minimize the

281
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 impact on the on the neighbor to the west uh as as that as that person looks out the

282
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 front of their house they likely will not see anything that looks like a house as they

283
00:30:47,320 --> 00:30:53,120
 look out toward the toward the uh the north secondly there's a a driveway apron already

284
00:30:53,120 --> 00:31:00,920
 existing that uh that i'd like to use just just for cost savings yeah okay i'm i i don't

285
00:31:00,920 --> 00:31:05,920
 understand that makes now i drove the lot and i ended up actually pacing off the front

286
00:31:05,920 --> 00:31:10,880
 of the lot versus the neighbor next door the neighbor next door driveway actually has no

287
00:31:10,880 --> 00:31:17,920
 setback it's right on the lot on the lot line um but that is that's a much narrower lot

288
00:31:17,920 --> 00:31:25,800
 than in some of the depictions we've seen here um gosh maybe you could designate the

289
00:31:25,800 --> 00:31:36,600
 front end of pocket park or something maybe well it's it's it's still uh i understand

290
00:31:36,600 --> 00:31:44,000
 what you're saying it's still uh i think that uh i think the three feet is i mean uh three

291
00:31:44,000 --> 00:31:49,000
 storey if you look uh if you're in a in the front end of the lot which i'll call the hickory

292
00:31:49,000 --> 00:31:54,040
 and and you look directly across the street there's a large building across the street

293
00:31:54,040 --> 00:31:58,200
 but it is a two-story building it is not a three-story building and it doesn't approach

294
00:31:58,200 --> 00:32:03,960
 40 feet and i think that my opinion would differ from the applicants and i think that

295
00:32:03,960 --> 00:32:10,960
 it is out of character for the neighborhood and might not be considered an asset by everyone

296
00:32:10,960 --> 00:32:17,160
 i understand the asset uh advantage of having a home there rather than have it be a place

297
00:32:17,160 --> 00:32:24,140
 to throw beer bottles and and syringes and something like that but uh i i just think it's

298
00:32:24,140 --> 00:32:30,880
 out of character for the neighborhood now as i understand miss wyatt's presentation

299
00:32:30,880 --> 00:32:38,000
 uh you know the way we are supposed to work here is whether there is harm whether there

300
00:32:38,000 --> 00:32:48,240
 is you know whatever i don't see it violating the technical side of those requirements uh

301
00:32:48,240 --> 00:32:56,800
 so i i you know i i think that using a judicial frame of mind uh which is almost embarrassing

302
00:32:56,800 --> 00:33:02,800
 to say in front of a judge but using a judicial frame of mind i mean i i can't have to vote

303
00:33:02,800 --> 00:33:15,360
 in favor of it i don't like it but i have to

304
00:33:15,360 --> 00:33:25,200
 i'm done jennifer you're you're muted

305
00:33:25,200 --> 00:33:31,560
 would prefer uh board member higgins you would prefer that the property be developed perhaps

306
00:33:31,560 --> 00:33:35,720
 you could speak to that a little bit could you say that i was a little i was a little

307
00:33:35,720 --> 00:33:39,600
 bit i'm so sorry i'm a little shocked um if you would speak to what you would like to

308
00:33:39,600 --> 00:33:44,080
 see you did a little bit would you like to see two buildings that are two stories as

309
00:33:44,080 --> 00:33:49,480
 opposed to one that is three well i would sorry i would i would well i would certainly

310
00:33:49,480 --> 00:33:55,440
 prefer a two-story building now if i had my preference since we discovered from uh miss

311
00:33:55,440 --> 00:34:02,640
 bryant that only one residence can be built on this lot i'd rather see it be centered

312
00:34:02,640 --> 00:34:07,840
 and i'd rather if possible have it be a two-story building you could move it forward i think

313
00:34:07,840 --> 00:34:14,760
 without creating too much of a view or encroachment on the actual home or front yard next to it

314
00:34:14,760 --> 00:34:19,720
 i think that would be would be much preferable i understand that's pouring a lot more cement

315
00:34:19,720 --> 00:34:26,000
 in all those kinds of considerations but to answer your question jennifer that's you asked

316
00:34:26,000 --> 00:34:30,200
 me what i would prefer i think that would be much more appropriate to the neighborhood

317
00:34:30,200 --> 00:34:40,440
 if i may yes if you're finished um board member higgins i could recognize uh mr reedy and

318
00:34:40,440 --> 00:34:45,840
 he could speak to the issue thank you would you like would you like that are you finished

319
00:34:45,840 --> 00:34:52,960
 uh board member higgins sure that's fine let me yes let me okay we're going to mute ourselves

320
00:34:52,960 --> 00:35:00,880
 and you go for it um mr reedy thank you thank you miss lane um really just um as a builder

321
00:35:00,880 --> 00:35:08,720
 standpoint and looking at the uh the architectural appeal i understand what david is saying but

322
00:35:08,720 --> 00:35:15,600
 at the same time we have two properties that are uh caddy corner from this corner the proposed

323
00:35:15,600 --> 00:35:26,000
 corner both of those structures are multi-story structures i believe it's um 1108 hickory is

324
00:35:26,000 --> 00:35:32,160
 a two-story as well as the uh the property on the the northwest corner is a two-story

325
00:35:32,160 --> 00:35:41,320
 however the property that's on the the northwest corner is on an elevated lot it somewhat appears

326
00:35:41,320 --> 00:35:47,340
 very high and it and we don't have any view of that at this point unless someone could

327
00:35:47,340 --> 00:35:53,920
 provide that view immediately but it it almost appears as if it is a three-story structure

328
00:35:53,920 --> 00:36:03,000
 so the with the structure what we're proposing would fit very well on the lot that we have

329
00:36:03,000 --> 00:36:11,760
 based on what we're trying to do in fact if we did a a two story only it would maximize

330
00:36:11,760 --> 00:36:17,680
 uh the impact on that lot it would it would just take up more ground so the the three

331
00:36:17,680 --> 00:36:22,520
 story i think is very fitting for all we're trying to trying to achieve yeah i understand

332
00:36:22,520 --> 00:36:32,720
 the take up more ground argument are there any more questions or comments

333
00:36:32,720 --> 00:36:34,000
 we have um prince

334
00:36:34,000 --> 00:36:42,560
 have a question prince nojoku has come uh prince could you turn on your video because

335
00:36:42,560 --> 00:36:49,640
 we're having the uh board members visible and then asking the presenters to turn their

336
00:36:49,640 --> 00:37:00,320
 videos on when uh called on uh who was it who said they had a question it's michael redwin

337
00:37:00,320 --> 00:37:04,120
 oh yes please i recognize i'm sorry about that guys i'm on my way from work i'm currently

338
00:37:04,120 --> 00:37:07,800
 in the car oh if you're driving that's okay if it was a distraction don't worry about

339
00:37:07,800 --> 00:37:15,720
 it okay thank you very much thank you you look great in there okay i did have a question

340
00:37:15,720 --> 00:37:21,600
 um yes so on the north lot so i guess that's a lot two and three what is the setback of

341
00:37:21,600 --> 00:37:26,480
 that property it looks like it's pretty close to the property line as well just want to

342
00:37:26,480 --> 00:37:31,240
 get perspective on how close if we're talking about less than or two and a half feet um

343
00:37:31,240 --> 00:37:39,680
 are we talking from the north side what how much setback is that sidewalk

344
00:37:39,680 --> 00:37:44,640
 it's fairly close our our maps were you know the projection can be a little off they're

345
00:37:44,640 --> 00:37:49,720
 a little more schematic so i don't have the exact um setback for that adjacent property

346
00:37:49,720 --> 00:37:56,260
 from the subject property but it's it's it's fairly close to that property line just based

347
00:37:56,260 --> 00:38:06,760
 upon a visual um review of it could we get that at some point i can see what i can measure

348
00:38:06,760 --> 00:38:11,120
 from our our aerial maps give me give me just a second let me see and if it doesn't have

349
00:38:11,120 --> 00:38:37,920
 to be right the second i suppose that's all

350
00:38:37,920 --> 00:39:06,000
 almost there

351
00:39:06,000 --> 00:39:14,960
 so based upon what are aerial maps and just measuring from that and and sort of those schematic

352
00:39:14,960 --> 00:39:23,880
 property lines shown there it appears that adjacent property uh maybe about um eight

353
00:39:23,880 --> 00:39:28,640
 and a half feet the the principal structure eight and a half feet from that property line

354
00:39:28,640 --> 00:39:32,760
 because it does have that driveway separating that principal structure from the from the

355
00:39:32,760 --> 00:39:39,200
 property line our aerial maps show they also have an accessory building that is also in

356
00:39:39,200 --> 00:39:46,440
 that in that gap between the primary structure and that um eastern property line okay okay

357
00:39:46,440 --> 00:39:58,280
 thank you you bet uh dr lane yes can i interject something here please absolutely the the adjacent

358
00:39:58,280 --> 00:40:04,280
 building that uh that miss wyatt was speaking of at least from the street appears to be

359
00:40:04,280 --> 00:40:13,240
 a tent like structure and and it and it it's it's fashioned on the lot as it would be a

360
00:40:13,240 --> 00:40:18,680
 garage or carport but it's not a it's not a permanent structure it's a tent like structure

361
00:40:18,680 --> 00:40:37,200
 that's all i have any more questions for mr holland or mr rede can't see hands up so maybe

362
00:40:37,200 --> 00:40:48,280
 um staff can see no let's i have a question i know there's a concern it made me sad to

363
00:40:48,280 --> 00:40:56,560
 see the word vagrants in the document um that's just uh not the greatest term for um what

364
00:40:56,560 --> 00:41:07,720
 we're dealing with but i'd like to know how um i suppose i'd like to know how the presenter

365
00:41:07,720 --> 00:41:12,920
 has taken in some of the suggestions particularly mr higgins suggestions and if there's any

366
00:41:12,920 --> 00:41:23,760
 modifications you might make um um do you want me to address the term vagrant no i'm

367
00:41:23,760 --> 00:41:27,720
 just wanting to point out that that's not the greatest term and okay i didn't like seeing

368
00:41:27,720 --> 00:41:44,320
 it um the the reason that we chose this uh this architectural design uh was that we don't

369
00:41:44,320 --> 00:41:51,840
 have a whole lot of of ground to work with if i'm to make this commercially viable and

370
00:41:51,840 --> 00:41:58,460
 i don't i don't mean that to sound crass or anything but i've got to make the numbers

371
00:41:58,460 --> 00:42:07,960
 work on this i just have to make that work um the uh the way it's the way it's intended

372
00:42:07,960 --> 00:42:16,600
 right now is that there will be a kitchen uh eating area on the first floor a bedroom

373
00:42:16,600 --> 00:42:23,760
 on either side of the of the uh house on the second floor with a laundry room in between

374
00:42:23,760 --> 00:42:32,200
 and a uh a sitting area on the third floor uh the intention for this is to look like

375
00:42:32,200 --> 00:42:39,600
 a lighthouse uh and if i don't know if if miss wyatt sent you the elevation of that

376
00:42:39,600 --> 00:42:47,400
 but but this is this is supposed to look like a lighthouse and um and it looks like a lighthouse

377
00:42:47,400 --> 00:42:54,700
 that's that's the intent i would like to think that it would be one of those one of those

378
00:42:54,700 --> 00:43:01,040
 things that uh one of those denton things that people go and say look at that house

379
00:43:01,040 --> 00:43:09,560
 it looks like a lighthouse that that is certainly my intention so so to answer mr higgins uh

380
00:43:09,560 --> 00:43:17,360
 the the the zoning as i understand it permits a three-story uh and that's and that's what

381
00:43:17,360 --> 00:43:22,440
 i wanted that's what i want to build there and then to additionally it sounds like additionally

382
00:43:22,440 --> 00:43:31,040
 to add uh to make it a point of interest well well yes yes and and uh um i want this to

383
00:43:31,040 --> 00:43:42,600
 be a fun project thank you yes uh mr reedy in addition um the architectural design we're

384
00:43:42,600 --> 00:43:49,440
 going to include a metal roof which is a long-term roof so on a three-story structure that's

385
00:43:49,440 --> 00:43:54,960
 more advantageous to have a metal roof so it's um it's just one thing that we've asked

386
00:43:54,960 --> 00:43:59,000
 our architecture that we would include in those drawings so we're trying to think ahead

387
00:43:59,000 --> 00:44:05,920
 on the project at the same time um and to maximize all the the energy concerns it will

388
00:44:05,920 --> 00:44:13,280
 be um all of the exterior walls will be foam filled so with um and to maximize all the

389
00:44:13,280 --> 00:44:18,920
 egresses you know for fire safety and so forth we're going to be in compliance with all of

390
00:44:18,920 --> 00:44:23,960
 those needs so we've done some background and homework we've made in fact the architect

391
00:44:23,960 --> 00:44:29,680
 is from canada so it's been kind of a little bit fun and interesting project all the way

392
00:44:29,680 --> 00:44:35,020
 through to make this thing come together and um i'm excited to make a good project out

393
00:44:35,020 --> 00:44:42,160
 of it so it's do you know about the boston three deckers we're going boston here in denton

394
00:44:42,160 --> 00:44:46,080
 where the family as the family uh generation new generation comes along they build on top

395
00:44:46,080 --> 00:44:53,160
 of the first floor and then the um grandparents move down and then each generation moves down

396
00:44:53,160 --> 00:44:58,160
 so they have fewer steps as the next one comes along so you have these three tree decker

397
00:44:58,160 --> 00:45:07,800
 tree deckers to use the accent it's it's our hope oh i'm sorry i beg i beg i was just going

398
00:45:07,800 --> 00:45:15,600
 to compliment what mr rede said it's it's our hope that um that some that some student

399
00:45:15,600 --> 00:45:20,200
 on a football weekend will say mom and dad you got to come and see this house it looks

400
00:45:20,200 --> 00:45:25,160
 just like a lighthouse it's from canada where they where they know about lighthouses that's

401
00:45:25,160 --> 00:45:32,760
 that's the intent mr higgins yeah just just to clarify what i think miss white said let

402
00:45:32,760 --> 00:45:40,200
 me ask her the height restriction is 40 feet not number of stories it's just 40 feet right

403
00:45:40,200 --> 00:45:49,360
 yes sir how many feet would each story be 38 feet we're 38 feet i mean like a headroom

404
00:45:49,360 --> 00:46:00,880
 and all that uh that's it's all eight feet like the standard standard structure

405
00:46:00,880 --> 00:46:05,280
 and then our uh our maximum height through the build the structure itself is 38 feet

406
00:46:05,280 --> 00:46:19,720
 do we what let's see do we need are there any more questions do we need to um move on

407
00:46:19,720 --> 00:46:26,840
 this um perhaps you can help me out ron a little bit yes uh mr higgins uh madam madam

408
00:46:26,840 --> 00:46:31,520
 chair how many voting members i see a lot of pictures here how many voting members do

409
00:46:31,520 --> 00:46:37,560
 we have and how many do we need i believe we have seven if we count prince who's driving

410
00:46:37,560 --> 00:46:52,320
 seven all together including myself but we need six six correct to prove the variance

411
00:46:52,320 --> 00:47:05,520
 super majority are we looking for a motion say that one more time are we looking for

412
00:47:05,520 --> 00:47:10,600
 a motion if we're looking for a motion are there any more um any more discussion points

413
00:47:10,600 --> 00:47:16,000
 that wish to come up before we call the item

414
00:47:16,000 --> 00:47:20,080
 person line this is mac from the city attorney's office one additional thing that the board

415
00:47:20,080 --> 00:47:25,160
 needs to be aware of if they make a motion to approve or to deny they need to have findings

416
00:47:25,160 --> 00:47:31,000
 of fact and conclusions of law so if you do move to approved i would recommend that you

417
00:47:31,000 --> 00:47:37,840
 use the staffs that you accept and adopt the staff's um findings of fact in their staff

418
00:47:37,840 --> 00:47:41,760
 report that way at least you have that that work done for you otherwise you'll need to

419
00:47:41,760 --> 00:47:46,520
 make your own findings of fact and conclusions of law i see yes so the motion would need

420
00:47:46,520 --> 00:47:53,160
 to be worded as move to accept city of denton staffs finding the facts if it's if it's to

421
00:47:53,160 --> 00:47:59,400
 approve the variance yes then to all to approve the variance based upon and adopting the the

422
00:47:59,400 --> 00:48:10,680
 staff's planning staff report as the findings of fact and conclusion of all um dr lane i

423
00:48:10,680 --> 00:48:18,960
 have a question also please yes um the the item is to consider two variance requests

424
00:48:18,960 --> 00:48:25,720
 mac would we then need to whatever the motion would be would be to either approve the two

425
00:48:25,720 --> 00:48:32,160
 variance requests or to deny the two variance requests right and correctly if i'm wrong

426
00:48:32,160 --> 00:48:35,880
 here julie but i think there's actually three variance requests there's the two there's

427
00:48:35,880 --> 00:48:40,360
 one setback there's another setback and then there's a porch encroachment as well which

428
00:48:40,360 --> 00:48:44,520
 is a variance request so i believe it's all three you could do those as one motion to

429
00:48:44,520 --> 00:48:48,360
 approve all the variance requests or if you wanted to separate them out into different

430
00:48:48,360 --> 00:48:57,320
 votes you could do that as well i asked julie if staff uh staff findings of facts on these

431
00:48:57,320 --> 00:49:10,600
 three requests are similar yes they they are thank you

432
00:49:10,600 --> 00:49:27,560
 okay i'd like to make a motion then to accept the staff findings and to approve the two variance

433
00:49:27,560 --> 00:49:32,760
 request and the variance request for the construction second

434
00:49:36,120 --> 00:49:41,960
 just so i'm clear so council or board member lenny um let us that's you want to approve

435
00:49:41,960 --> 00:49:47,640
 both setbacks for the set the setback variates variations as well as the porch variance as well

436
00:49:47,640 --> 00:49:55,240
 correct and to accept the staff recommendations perfect thank you motion is to accept the staff

437
00:49:55,240 --> 00:50:02,200
 findings of facts on these variances and the porch variance and the second is was by whom

438
00:50:03,480 --> 00:50:12,760
 by eric horton uh board member horton and then do we have the the buttons manner of voting or do

439
00:50:12,760 --> 00:50:19,640
 i need to go around the room all right um board member red wine how do you vote i uh i approve

440
00:50:19,640 --> 00:50:27,720
 based on staff's recommendation uh board member we have let's see go to some work board member

441
00:50:27,720 --> 00:50:38,520
 meisner how do you vote i also approve based on staff recommendation board member higgins how do

442
00:50:38,520 --> 00:50:47,400
 you vote approve the motion is stated uh board member nijoku are you there approve them yeah

443
00:50:47,400 --> 00:50:53,160
 approve the motion is stated do you mind coming on video just long enough to vote yes give me one

444
00:50:53,160 --> 00:51:03,880
 more moment yes i approve the motion thank you very much be safe thank you board member linus

445
00:51:03,880 --> 00:51:08,040
 i approve the motion uh board member horton

446
00:51:08,040 --> 00:51:16,600
 i approve the motion have i left anyone out besides myself i will vote to approve

447
00:51:16,600 --> 00:51:21,000
 the motion as stated thank you

448
00:51:23,160 --> 00:51:28,840
 congratulations thank you thank you i'm very excited and uh we'll we'll we'll make you proud

449
00:51:28,840 --> 00:51:35,080
 and and uh and invite you over make you make it cute it'll be cute make it a three-decker

450
00:51:35,080 --> 00:51:49,560
 all right um miss wyatt we we had and and thank you so much for your help uh miss wyatt's been

451
00:51:49,560 --> 00:51:55,880
 been tremendously helpful in this project do we need to deal with anything else right now as far

452
00:51:55,880 --> 00:52:04,920
 as uh sidewalks and trees and um uh clips sidewalk clips it would now go through the

453
00:52:04,920 --> 00:52:09,320
 regular development process those submittals and i can um i can contact you first thing in the

454
00:52:09,320 --> 00:52:13,560
 morning and we can we can i can walk you through it how's that sound that's that's perfect that's

455
00:52:13,560 --> 00:52:19,480
 perfect if i may say our trees here in denton have been decimated of late so if you have anything

456
00:52:19,480 --> 00:52:25,240
 nice please save it well we're gonna we're gonna do everything we can to save to save what we can

457
00:52:25,240 --> 00:52:32,520
 save uh unfortunately somebody upstream hasn't respected the trees that uh like like they should

458
00:52:32,520 --> 00:52:39,000
 have but uh but we're gonna i'm gonna get frenchie on the case and and uh and we'll do what we can

459
00:52:39,000 --> 00:52:44,040
 if you have coast oaks and live oaks those are the most important to them right now but all of them

460
00:52:44,040 --> 00:52:50,760
 matter i don't know i don't know what these are there are can't help me four four good size

461
00:52:50,760 --> 00:52:57,720
 trees on the property that we intend to keep there's two that uh that that have just been

462
00:52:57,720 --> 00:53:04,600
 butchered and um and they're just not they're just not very good looking so so we're gonna see if we

463
00:53:04,600 --> 00:53:11,720
 can if we can maintain those or or excuse me i'm beg your pardon uh what we can do with those but

464
00:53:11,720 --> 00:53:19,400
 but my intention is to keep as many trees as as we can we do have um trees that are listed on our

465
00:53:19,400 --> 00:53:27,640
 site plan and those trees uh i believe are salvageable um however i do believe that one

466
00:53:27,640 --> 00:53:36,440
 of the trees would be uh compromised because of the slab foundation and it's it's actually the

467
00:53:36,440 --> 00:53:43,240
 one tree that is less desirable but at the same time we would try to to salvage that tree um i'm

468
00:53:43,240 --> 00:53:48,920
 all for trying to make good use of what's there trim it up get it better and and keep moving

469
00:53:48,920 --> 00:53:54,280
 forward with it but uh at the same time possibly add some ornamental trees you know for landscape

470
00:53:54,280 --> 00:54:01,720
 purposes and it's it's just it's just not in it's just not a good not a good looking tree yeah

471
00:54:01,720 --> 00:54:05,480
 there's a gentleman who used to work for the city i think or works with the city sometimes

472
00:54:05,480 --> 00:54:11,400
 named brand richter um he might be able to give you some feedback on the trees he's been doing a

473
00:54:11,400 --> 00:54:18,520
 lot of that lately you know the city knows him and this lane if i can interject um or i think we're

474
00:54:18,520 --> 00:54:24,280
 out of posting if we can continue with the agenda we do have two more items thank you everyone

475
00:54:24,280 --> 00:54:37,880
 and aloha aloha thank you judge holland and miss lane again if you can speak up again we're

476
00:54:37,880 --> 00:54:49,880
 having issues um trying to hear you you're currently muted as well is that way better

477
00:54:49,880 --> 00:54:54,120
 or anything i turned it super high yeah i think if you can just speak a little bit louder that

478
00:54:54,120 --> 00:55:00,120
 would be helpful even even that would help all right thank you thank you and um all right let's

479
00:55:00,120 --> 00:55:08,360
 see the next item on the agenda is do we have the uh screen share for that or without uh receiving

480
00:55:08,360 --> 00:55:35,240
 envelopes anymore is a little more difficult all right here we go all right then is it possible

481
00:55:35,240 --> 00:55:40,520
 to show the agenda on uh screen share

482
00:55:40,520 --> 00:55:49,720
 jennifer you don't have the yes i do but i don't have it on paper and i have about 10 windows open

483
00:55:49,720 --> 00:56:06,200
 here let's see i'm gonna open another one it's time all right here we go

484
00:56:17,000 --> 00:56:25,880
 okay doki here we go next this is item item two

485
00:56:25,880 --> 00:56:33,640
 two c i believe is that right correct yeah consider approval of a variance from the 1991

486
00:56:33,640 --> 00:56:39,400
 zoning ordinance section 3593 accessory buildings related to the minimum rear yard setback on

487
00:56:39,400 --> 00:56:45,480
 approximately 0.22 acre the variance requested is for an outdoor kitchen which encroaches into the

488
00:56:45,480 --> 00:56:50,520
 minimum three foot rear setback the subject property is located on the northwest corner of

489
00:56:50,520 --> 00:56:57,560
 echo hill lane and falcon ridge road and it's listed as v 20 dash 0005 outdoor pavilion and

490
00:56:57,560 --> 00:57:09,960
 julie wyatt will present thank you so before we begin um vice chair lane if we can have the

491
00:57:10,840 --> 00:57:17,160
 applicant on this if we have the person on the zoom call to turn on his or her camera

492
00:57:17,160 --> 00:57:26,600
 for the oath okay and then i'll have to pull that off my camera will y'all y'all disable the camera

493
00:57:26,600 --> 00:57:37,480
 so jason sanford adam is there a way we can get mr there we go all right let me pull up the oath

494
00:57:37,480 --> 00:57:44,280
 for you jason is there anybody else on your side that we need a no sir okay

495
00:57:44,280 --> 00:57:54,200
 all right so um if you are appearing before this board as provide as provided under chapter 602

496
00:57:54,200 --> 00:58:00,120
 0025 of the texas government code all testimony is sworn could you please identify yourself for

497
00:58:00,120 --> 00:58:08,520
 the record yes jason sanford thank you please raise your right hand you have it up um under

498
00:58:08,520 --> 00:58:12,840
 penalty of perjury do you swear or affirm that any testimony or information you provide or any

499
00:58:12,840 --> 00:58:17,480
 statement you make before this board is complete true and correct to the best of your knowledge

500
00:58:17,480 --> 00:58:22,840
 and ability i swear to you thank you and please proceed with your statement

501
00:58:26,280 --> 00:58:33,400
 it was julie representing me or not yes um i believe we sworn in julie already

502
00:58:33,400 --> 00:58:38,280
 mac do we need to do it again for this item or is it for the whole meeting

503
00:58:38,280 --> 00:58:43,960
 oh she was sworn in for the meeting okay so julie if you can go ahead and get started all right i'll

504
00:58:43,960 --> 00:58:57,240
 go ahead and share my screen give me just one moment to pull up the presentation okay

505
00:58:57,240 --> 00:59:08,440
 so this item is v 20 0005 outdoor pavilion so the request is to consider a variance from the 1991

506
00:59:08,440 --> 00:59:15,720
 zoning ordinance section 35-93 accessory buildings related to the minimum rear yard setback

507
00:59:15,720 --> 00:59:22,600
 and just to kind of give you some background this um this uh variance and this request came to the

508
00:59:22,600 --> 00:59:29,560
 city's attention um after construction he's moved forward with a building permit and that's kind of

509
00:59:29,560 --> 00:59:36,840
 how um this came to the city's attention so some background on the property and and the um and the

510
00:59:36,840 --> 00:59:43,000
 subdivision before we get into the specific request it is located in a planned development

511
00:59:43,000 --> 00:59:50,040
 it's the preserve at pecan creek it's pd 132 in the city of denton um with the implementation of

512
00:59:50,040 --> 00:59:59,080
 the 2019 denton development code the proposed uh process the variance process has to follow the

513
00:59:59,080 --> 01:00:05,320
 current um processes within the 2019 denton development code so it's following that section

514
01:00:05,320 --> 01:00:12,120
 2.8.1 that outlines the zba processes and criteria for approval for a variance however the

515
01:00:12,120 --> 01:00:17,640
 development standards including the setbacks remain consistent with those that were established by the

516
01:00:17,640 --> 01:00:23,800
 pd and this is one of our legacy pds it's one of our older pds in town and so it was um the most

517
01:00:23,800 --> 01:00:29,320
 recent general concept plan was approved in 1998 so those development standards would be governed

518
01:00:29,320 --> 01:00:35,720
 by that 91 code so that's why we're looking at it with we're using current um processes but the

519
01:00:35,720 --> 01:00:43,080
 1991 development standard so it's it's a little different we're spanning two codes here um so that

520
01:00:43,080 --> 01:00:49,320
 said we'll just go over briefly about what the what the setbacks are in this instance so um so we

521
01:00:49,320 --> 01:00:54,520
 we talked about setbacks for a primary structure in the previous case and this case is related

522
01:00:54,520 --> 01:01:02,360
 to an accessory building so so that 91 code had specific setbacks for for accessory buildings

523
01:01:02,360 --> 01:01:09,000
 it required a three foot rear setback so kind of shown here in red and then the side setback was a

524
01:01:09,000 --> 01:01:16,040
 little different so um so at the midpoint of the lot so if you take from the front of the lot to

525
01:01:16,040 --> 01:01:22,600
 the rear of the lot um that midpoint anything forward of that so between that midpoint and the

526
01:01:22,600 --> 01:01:29,720
 front street would require a 10 foot side yard setback in this instance because it is behind

527
01:01:29,720 --> 01:01:36,840
 that midpoint it requires a three foot side setback so um so just to kind of let you know what those

528
01:01:36,840 --> 01:01:42,200
 setbacks are that they're required to meet um so now we'll look at what they're proposing

529
01:01:42,200 --> 01:01:49,240
 so this this is an accessory building it is um there is this is a single-family residential lot

530
01:01:50,200 --> 01:01:57,000
 and as you can see by the concept plan that they provided to us their um their sort of home their

531
01:01:57,000 --> 01:02:04,680
 property is kind of shown here in purple uh the proposed accessory building is an 11 by 18 covered

532
01:02:04,680 --> 01:02:11,960
 outdoor pavilion um as it's as it's constructed it's about two feet from that rear property line

533
01:02:11,960 --> 01:02:17,720
 and seven and a half feet from the side property line so it meets the side the side setbacks it's

534
01:02:17,720 --> 01:02:21,960
 that rear setback that they're requesting a variance from um just to give you a little

535
01:02:21,960 --> 01:02:27,960
 more information about what the um the pavilion um how it's constructed it has a concrete foundation

536
01:02:27,960 --> 01:02:34,200
 on a stain wood pergola structure with a pitch singled roof um they did seek and get approval

537
01:02:34,200 --> 01:02:41,080
 from the homeowners association for that um that structure and so it did put a limit of the maximum

538
01:02:41,080 --> 01:02:48,600
 roof height of 14 feet um it has wiring for electricity um there's a they show a bar with a

539
01:02:48,600 --> 01:02:57,480
 seating area um as well as cooking appliances including a smoker um a griddle um some ice

540
01:02:57,480 --> 01:03:09,480
 areas so so it has um um cooking areas and it is situated um in this this uh rear corner of the lot

541
01:03:11,640 --> 01:03:17,640
 so the 91 ordinance really had three parts to that accessory building um first of all it couldn't

542
01:03:17,640 --> 01:03:23,560
 be within the front yard um because this doesn't meet that rear yard setback it doesn't it doesn't

543
01:03:23,560 --> 01:03:31,720
 comply with that regulation um it also has to meet the side yard setbacks it does meet that as i as

544
01:03:31,720 --> 01:03:37,640
 i mentioned it is seven and a half feet from that side property line um and then the the real issue

545
01:03:37,640 --> 01:03:44,520
 is that rear yard setback it is situated two feet from the rear property line whereas a three foot

546
01:03:44,520 --> 01:03:52,360
 setback is required um just to show you some pictures that the applicant provided of that

547
01:03:52,360 --> 01:04:00,680
 um of that accessory building so now we'll go over the criteria for approval um so the first once

548
01:04:00,680 --> 01:04:05,720
 again this is in sub chapter two of the debt and development code um the first one sets the special

549
01:04:05,720 --> 01:04:11,000
 circumstances or conditions which apply to the parcel which the variance is sought these

550
01:04:11,000 --> 01:04:15,960
 conditions or circumstances should be peculiar to the parcel and not generally apply to other

551
01:04:15,960 --> 01:04:22,360
 parcels in this instance the physical conditions related to the property including lot size shape

552
01:04:22,360 --> 01:04:28,840
 and topography are consistent with the surrounding platted lots within the preservative concrete pd

553
01:04:29,480 --> 01:04:36,760
 subdivision um and second the dwelling is positioned centrally on the lot so that and that

554
01:04:36,760 --> 01:04:43,880
 improvements to the rear yard do reduce the space however this circumstance does not deprive the

555
01:04:43,880 --> 01:04:49,800
 applicant of a reasonable use of the property he still can use his backyard it's just it is limited

556
01:04:49,800 --> 01:04:56,440
 given the given the improvements to the backyard so um staff's analysis is it doesn't meet the the

557
01:04:56,440 --> 01:05:02,920
 first criteria um the second granting of the variance would not be detrimental to the public

558
01:05:02,920 --> 01:05:06,840
 welfare or injurious to other property or improvements in the district or neighborhood

559
01:05:06,840 --> 01:05:12,440
 in which the parcel is located um the proposed outdoor pavilion is not anticipated to be a

560
01:05:12,440 --> 01:05:19,320
 detrimental to the public um welfare insofar as these sorts of outdoor kitchens are typical in

561
01:05:19,320 --> 01:05:26,760
 in suburban residential subdivisions it's not a use that is that is out of the norm for for a residential

562
01:05:26,760 --> 01:05:32,440
 area however we do need to look at what the setbacks and the intent of setbacks and they

563
01:05:32,440 --> 01:05:36,920
 are intended to reduce visual impacts of buildings by increasing the distance between the structure

564
01:05:36,920 --> 01:05:43,480
 and the property line um and the the proposed variance to encroach into the rear yard setback

565
01:05:43,480 --> 01:05:47,960
 could increase the visibility of the structure reducing the efficacy of the setback

566
01:05:49,960 --> 01:05:55,400
 um third the variance is granted is the minimum variance that would accomplish the purpose

567
01:05:55,400 --> 01:06:00,040
 the proposed variance for that two foot rear setback would allow the accessory building to

568
01:06:00,040 --> 01:06:06,200
 remain as as it's been constructed um for the literal enforcement and strict application of

569
01:06:06,200 --> 01:06:11,240
 the provisions of the ddc would result in an unnecessary hardship and consistent with the

570
01:06:11,240 --> 01:06:17,800
 provisions of the ddc on the strict act the strict application of the 91 ordinance does not

571
01:06:17,800 --> 01:06:22,840
 deprive the the owner of the reasonable use of the rear yard or prohibit an accessory building

572
01:06:22,840 --> 01:06:29,800
 outside of the required three foot setback five the granting of the variance is not solely for

573
01:06:29,800 --> 01:06:35,800
 the purpose of mitigating a financial hardship the proposed variance is not for the purpose of

574
01:06:35,800 --> 01:06:40,840
 mitigating the financial hardship and then finally the condition or feature that creates the need for

575
01:06:40,840 --> 01:06:48,040
 the variance did not result from the the owner's actions um the need for the variance is a result

576
01:06:48,040 --> 01:06:52,840
 of the construction of the accessory building within two feet of the rear property line

577
01:06:52,840 --> 01:07:00,600
 um so well we're gonna look at pictures of the site this is sort of when the the property was

578
01:07:00,600 --> 01:07:05,640
 under construction but these um these sort of give you that bird's eye view so the the accessory

579
01:07:05,640 --> 01:07:11,800
 building is located in this kind of general area right here uh two feet from this this fence line

580
01:07:11,800 --> 01:07:19,640
 and once again it's located in this general area staff was concerned because it is um in in an

581
01:07:19,640 --> 01:07:27,400
 area where it's kind of out out of the front door of the adjacent property um thus potentially um

582
01:07:27,400 --> 01:07:34,920
 increasing those visual impacts of that reduced setback for the um that accessory building

583
01:07:36,600 --> 01:07:44,600
 um as we did with the previous um the uh previous request we did ask the property owner to reach out

584
01:07:44,600 --> 01:07:51,000
 to the adjacent um property owner to get their feedback regarding the request um and they did

585
01:07:51,000 --> 01:07:57,880
 provide a um a a letter in support provided that the property owner does put rain gutters on the

586
01:07:57,880 --> 01:08:08,120
 structure to prevent runoff um staff recommends denial of the request um from that that um that

587
01:08:08,120 --> 01:08:14,360
 variance from that uh to uh locate that extra the accessory building two feet from the rear property

588
01:08:14,360 --> 01:08:21,720
 line as it does not meet all the criteria for approval in section 2.8.1 d of the dentin development

589
01:08:21,720 --> 01:08:28,920
 code um and i'll be happy to answer any questions and the applicant is on um on the meeting

590
01:08:28,920 --> 01:08:35,720
 thank you very much is why are there any questions for the applicant or for miss wyatt

591
01:08:35,720 --> 01:08:43,480
 yes uh board member higgins

592
01:08:43,480 --> 01:08:50,600
 uh the adjacent property owner is that the one that's on echo hill lane

593
01:08:52,520 --> 01:08:59,480
 yes sir it is okay and that and that how is that that i know in the picture it's under construction

594
01:08:59,480 --> 01:09:04,840
 is that house actually contracted to build by an individual who will occupy that home

595
01:09:04,840 --> 01:09:13,480
 uh the home's already already uh that home was was here before this home was built so

596
01:09:13,480 --> 01:09:19,160
 he was one of the first homeowners in the area so okay well let me let me ask miss miss wyatt

597
01:09:19,160 --> 01:09:27,640
 miss miss wyatt again is that the the person that home next to it on echo hill lane is that the

598
01:09:27,640 --> 01:09:32,280
 person that responded with the commentary about the drainage that you talked about

599
01:09:32,280 --> 01:09:39,560
 or is it the one on the other side it is it is the property owner that is immediately

600
01:09:39,560 --> 01:09:43,960
 adjacent to the accessory building so it sort of backs up to his driveway

601
01:09:47,480 --> 01:09:51,400
 would you like i could pull up the map again would would you would that be yeah

602
01:09:51,400 --> 01:09:54,520
 let me pull up the presentation

603
01:09:54,520 --> 01:10:00,120
 actually the aerial photograph of where the thing will go would suit me

604
01:10:00,120 --> 01:10:14,440
 so mr sanford can um can uh correct me but that that letter is from this property owner

605
01:10:14,440 --> 01:10:22,280
 adjacent to the subject site that is correct yes sir yes ma'am so the structure actually

606
01:10:22,280 --> 01:10:30,040
 um just goes inside of his kind of driveway that little area there and he was talking about

607
01:10:30,040 --> 01:10:36,040
 possibly doing some landscaping up there uh to kind of beautify his area so he had asked about

608
01:10:36,040 --> 01:10:41,560
 the rain gutters being put there so that it doesn't directly run off onto his and i said no problem

609
01:10:41,560 --> 01:10:51,000
 with that at all yeah okay well this is this is um uh well i don't know i'm just i mean this is

610
01:10:51,000 --> 01:10:56,920
 party party party i mean you got four bar stools you got all kinds of cooking deals you can imagine

611
01:10:56,920 --> 01:11:06,200
 large gatherings there and uh and the in the hoa approved it so you know i guess i haven't it just

612
01:11:06,200 --> 01:11:12,280
 seems odd to me but that's it uh miss bar you didn't have any response from any other property

613
01:11:12,280 --> 01:11:21,080
 owner than this one um variants did variances don't require under the current code uh regulations

614
01:11:21,080 --> 01:11:27,240
 um public notification so we haven't heard from any other adjacent property owners okay

615
01:11:29,560 --> 01:11:36,280
 i did get four uh four sign-offs whenever i got the hoa approval and all the neighbors on echo

616
01:11:36,280 --> 01:11:43,320
 hill are are fine with it the ones that are directly across from it uh and then we've got a

617
01:11:43,320 --> 01:11:49,160
 pool in the backyard also uh so when you walk out the back towards the left towards the actual

618
01:11:49,160 --> 01:11:55,240
 pavilion and kitchen structure we were trying to center it to where it actually flows in with all

619
01:11:55,240 --> 01:12:03,720
 that when this thing is up and running get me invited okay don't put don't put that in the

620
01:12:03,720 --> 01:12:13,720
 minutes all right uh yes are there any other questions oh yes um board member linus um yeah

621
01:12:13,720 --> 01:12:22,600
 my my question is since the variance requires three feet and the current the structure as

622
01:12:22,600 --> 01:12:30,840
 presented is two feet why not just make it a little bit narrower and longer so that you don't have to

623
01:12:30,840 --> 01:12:40,840
 request the variance uh i was unaware of the three foot setback initially so the structure the uh the

624
01:12:40,840 --> 01:12:47,320
 post actually go underground two foot underground and they're in two foot of concrete and then

625
01:12:47,320 --> 01:12:55,080
 there's a slab foundation for on top of okay but you can't change the way that's done

626
01:12:55,080 --> 01:13:02,920
 uh it would be a complete uh tear down of the whole structure bust the slab concrete up

627
01:13:02,920 --> 01:13:10,840
 uh it would be a complete start over yet oh i'm sorry i completely misunderstood the photographs

628
01:13:10,840 --> 01:13:17,880
 we saw that's it's actually in place yeah

629
01:13:17,880 --> 01:13:35,080
 are there any other questions yes um board member red wine so uh that's why so is the

630
01:13:35,080 --> 01:13:43,560
 recommendation what is is the recommendation that remediation um the recommendation is that

631
01:13:43,560 --> 01:13:48,760
 you know staff cannot support it doesn't meet the criteria for approval for the variance

632
01:13:48,760 --> 01:13:57,400
 to locate this structure within three feet of of that rear property line there are potential

633
01:13:57,400 --> 01:14:04,520
 options that he could do that 91 code does not prevent those horizontal improvements so he could

634
01:14:04,520 --> 01:14:11,560
 put in he could keep the um maintain that patio as it is um currently constructed and there are a

635
01:14:11,560 --> 01:14:19,800
 potential for him to to leave the um uh to to leave the uh that sort of bar area you know that

636
01:14:19,800 --> 01:14:31,400
 the countertops um as constructed um but but that that roof area um does not meet the criteria for

637
01:14:31,400 --> 01:14:36,680
 approval for that variance thank you

638
01:14:36,680 --> 01:14:48,600
 do we have any more questions comments from any of the board members uh yes board member meisner

639
01:14:48,600 --> 01:14:59,160
 quick question if we can see the visuals of the structures again please

640
01:15:01,400 --> 01:15:31,320
 uh so this left side picture is the one that's illustrating the completed

641
01:15:31,320 --> 01:15:39,080
 structure and the close proximity to the neighbor's fence right there is that correct

642
01:15:39,080 --> 01:15:48,120
 correct the property line of the fence okay thank you

643
01:15:55,000 --> 01:16:04,760
 yes uh board member higgins uh uh mr sanford would you have any suggestions uh you know you

644
01:16:04,760 --> 01:16:08,520
 do know the construction would you have any suggestions as to what you might do

645
01:16:08,520 --> 01:16:18,920
 to mitigate the concern uh on the part of staff that could could alter what might possibly be a

646
01:16:18,920 --> 01:16:33,960
 negative vote on your application um not really i mean move it moving those holes one foot over

647
01:16:33,960 --> 01:16:42,840
 i guess is possible but uh the structure of the integrity of the structure would be different

648
01:16:42,840 --> 01:16:50,600
 if i move the poles so uh i'm a homeowner that did a lot of this myself with friends

649
01:16:50,600 --> 01:16:56,520
 and i was unaware that it needed to be through the permit section so

650
01:16:56,520 --> 01:17:04,840
 with the homeowner doing it themselves i didn't actually contract it out

651
01:17:11,560 --> 01:17:20,840
 are there any more questions or comments

652
01:17:20,840 --> 01:17:35,000
 um no yes board member higgins levin speaking i you know i do not consider failure

653
01:17:36,040 --> 01:17:41,960
 to investigate what you're doing before you do it a very good reason for doing it

654
01:17:41,960 --> 01:17:51,320
 or being allowed to do it correct i understand that and you know like i said to try to center

655
01:17:51,320 --> 01:17:56,360
 the structure that's why we did it that direction with the appliances that i was putting in

656
01:17:56,360 --> 01:18:04,840
 and trying to center it with the pool area as well so is primarily why we situated it where we

657
01:18:04,840 --> 01:18:11,960
 situated it um and then i ended up being a foot off from what it what it should have been by code

658
01:18:11,960 --> 01:18:19,400
 board member meisman

659
01:18:23,800 --> 01:18:39,560
 uh i have a follow-up question about the mitigation with any

660
01:18:39,560 --> 01:18:53,000
 would adding any landscape or foliage or trees constitute that mitigation or is it just purely

661
01:18:53,560 --> 01:19:03,000
 how close the structure is to the fence and there's nothing minus moving that that would

662
01:19:03,000 --> 01:19:14,680
 mitigate the situation or to fall into compliance is that question clear or you were breaking up

663
01:19:14,680 --> 01:19:19,560
 quite a bit but i think we got it i believe you were asking if there were landscaping that could

664
01:19:19,560 --> 01:19:23,640
 be done that would mitigate or is it simply distance that's needed and perhaps that's a

665
01:19:23,640 --> 01:19:33,480
 question for um miss white wet so the criteria for approval doesn't give doesn't have that

666
01:19:33,480 --> 01:19:40,680
 latitude within the criteria it's it's it's does it does it meet these specific does it

667
01:19:40,680 --> 01:19:45,960
 meet all of these specific criteria or not and really that's that's what we look at in terms of

668
01:19:45,960 --> 01:19:57,720
 of um of a variant

669
01:20:12,120 --> 01:20:17,240
 you're on mute uh question are we uh ready to call the question or are there's more discussion

670
01:20:17,240 --> 01:20:21,800
 yes i did have a question for mac from an attorney's standpoint what are i guess what

671
01:20:21,800 --> 01:20:32,600
 are our options here how do we um well yeah you have discretion to a certain degree that the

672
01:20:32,600 --> 01:20:39,160
 staff has given their recommendations and kind of their findings of fact um just like last time if

673
01:20:39,160 --> 01:20:45,480
 you're going to make a motion to deny which is staff's recommendation you could adopt their

674
01:20:45,480 --> 01:20:49,400
 their recommendations as far as the findings of fact and their conclusions

675
01:20:49,400 --> 01:20:55,160
 if you make a motion to approve you're going to need to state specifically why it meets the

676
01:20:55,160 --> 01:21:01,560
 criteria that are listed in the staff report so the the same criteria would apply um it can't

677
01:21:01,560 --> 01:21:07,400
 just be can't result from the owner's action so there would need to be a at least a determination

678
01:21:07,400 --> 01:21:11,480
 by the person making the motion to approve the variance as to why they meet those standards

679
01:21:11,480 --> 01:21:17,320
 because staffs does not include any justification for those thank you

680
01:21:17,320 --> 01:21:31,240
 in in working with applicants staff i know does reach out to the applicant

681
01:21:31,240 --> 01:21:44,120
 to help them prepare is that correct yes thank you that is correct

682
01:21:44,120 --> 01:21:53,720
 dr lane would you like to call the question or call the vote

683
01:21:53,720 --> 01:21:59,320
 i don't have to call it in order for a motion to be made but that's fine okay um i'd like to

684
01:22:00,680 --> 01:22:06,200
 make a motion to deny the variance due to staff recommendation

685
01:22:06,200 --> 01:22:17,800
 so if i want to make a motion to approve how would that do that motion has to go forward first

686
01:22:17,800 --> 01:22:26,520
 okay i'll second it thank you um uh you have a motion from uh board member linus and a second

687
01:22:26,520 --> 01:22:33,640
 from board member higgins i'll third the motion to approve there's no motion to approve no

688
01:22:33,640 --> 01:22:37,960
 i'm sorry the way it works is this uh if you follow robert's rules

689
01:22:37,960 --> 01:22:44,280
 there is a motion and a second on the floor we take a vote if that vote fails for any reason and

690
01:22:44,280 --> 01:22:48,920
 perhaps mr ryan when you could explain to us what the distribution of the vote needs to be

691
01:22:51,320 --> 01:22:57,720
 all right and just so i'm clear on this um board member linus has made a motion to deny

692
01:22:57,720 --> 01:23:04,920
 and there was a second in the staff report seconded by mr higgins so that is now current so

693
01:23:04,920 --> 01:23:11,960
 that it would take in order to approve that uh motion to deny it's just a a majority vote if

694
01:23:11,960 --> 01:23:16,680
 you're going to approve it if the motion was to that would be a new motion we don't need that yet

695
01:23:16,680 --> 01:23:24,840
 right this fails so it's a simple majority to deny correct all right let's take the vote

696
01:23:24,840 --> 01:23:30,840
 um council member uh i mean excuse me board member red wine how do you vote

697
01:23:30,840 --> 01:23:40,040
 so if i want to go to the motion on the motion to deny right right um a or nay i guess the question

698
01:23:40,040 --> 01:23:47,640
 i have is nay does nay mean i don't agree with the denial correct yes so nay board member lysmore

699
01:23:47,640 --> 01:23:57,480
 do you vote to approve the motion to deny or to or do you vote nay i approve the motion to deny

700
01:23:57,480 --> 01:24:06,120
 uh board member higgins approved to deny a board member linus approved to deny

701
01:24:06,680 --> 01:24:15,000
 board member njoku uh i know the motion uh but there's one more i believe is is do we still have

702
01:24:15,000 --> 01:24:25,480
 um board member i don't see him here

703
01:24:25,480 --> 01:24:33,400
 ron do you remember who the last board member is horton board member horton is he still here

704
01:24:34,520 --> 01:24:42,280
 yes one two there are six of us here

705
01:24:42,280 --> 01:24:56,280
 okay if there are not seven we have six we can still vote

706
01:25:02,520 --> 01:25:07,960
 we lost eric i was just trying to remember all right eric are you on the meeting

707
01:25:07,960 --> 01:25:21,880
 so we lost eric i i think he left the meeting okay so we have six all right and we have three

708
01:25:21,880 --> 01:25:29,400
 um in favor of the motion to deny and two against the motion to deny um i will

709
01:25:31,000 --> 01:25:35,640
 jennifer it's really hard to if we have three in favor of the motion to deny

710
01:25:35,640 --> 01:25:39,800
 and two opposed to the motion to deny we have the majority do we not

711
01:25:39,800 --> 01:25:46,040
 still need to vote all right all right in that case i will vote in favor of the majority motion to deny

712
01:25:46,040 --> 01:25:53,720
 okay that's a winning motion so is a four two

713
01:26:01,000 --> 01:26:02,840
 chair should never vote to create a tie

714
01:26:02,840 --> 01:26:13,160
 okay um shall we move on to the next item

715
01:26:13,160 --> 01:26:20,680
 is that okay with everyone

716
01:26:20,680 --> 01:26:30,120
 back to the agenda here we are all right

717
01:26:31,480 --> 01:26:42,600
 um two d v20-0003 consider a special exception request from chapter 33 signs and advertising

718
01:26:42,600 --> 01:26:49,240
 devices of the code of ordinances specifically section 33.14.2e2 as it relates to the minimum

719
01:26:49,240 --> 01:26:55,960
 required setback for internally illuminated wall signs in non-residential districts when such signs

720
01:26:55,960 --> 01:27:01,560
 face a single-family residence or property zoned for single-family use the subject approximately

721
01:27:01,560 --> 01:27:07,080
 3.382 acre property is located on the northwest corner of the intersection of lillian miller

722
01:27:07,080 --> 01:27:15,160
 parkway and teesley lane v20-0003 total care er wall sign uh the presenter is hailey azegursky

723
01:27:15,160 --> 01:27:21,400
 thank you very much i need to swear you in if she is here

724
01:27:26,840 --> 01:27:35,320
 okay commission um board member uh charlayne we just need to make sure that we have prince

725
01:27:35,320 --> 01:27:44,120
 on in the meeting because we need six for this meeting to conclude or to continue prince are you

726
01:27:44,120 --> 01:27:51,080
 there we're going to need you to come on just momentarily to make sure that we have the quorum

727
01:27:54,280 --> 01:27:57,880
 do you have his phone number and we also

728
01:27:57,880 --> 01:28:07,000
 so we currently have five board members oh there he is okay okay wonderful thank you

729
01:28:07,000 --> 01:28:13,880
 thank you so much prince okay thank you board member joku all righty um we just need to know

730
01:28:13,880 --> 01:28:21,080
 that you're here and we will do you want me to swear in yes um chair if you can call all three

731
01:28:21,720 --> 01:28:30,520
 matt wilson rudy uh demore as well as hailey's azurki zersk zersky sorry it's been a long

732
01:28:30,520 --> 01:28:36,520
 afternoon uh all at one time and and swear them at the same time that will be okay okay i'm going

733
01:28:36,520 --> 01:28:42,040
 to swear in um matt and i'm just looking to find their last names

734
01:28:47,960 --> 01:28:52,360
 can people name themselves so that they're mr demore and mr wilson and miss

735
01:28:52,360 --> 01:29:00,360
 um i don't see a name for a mr guruski can someone rename hailey

736
01:29:00,360 --> 01:29:07,240
 the host can rename a person so if you're the host ron you can do it

737
01:29:07,240 --> 01:29:13,880
 and madam chair i'm sorry to interrupt this is frank sidey with total care i'm also president

738
01:29:14,920 --> 01:29:20,360
 okay very good so we'll square you all in at the same time if you could turn your video on please

739
01:29:20,360 --> 01:29:27,080
 thank you so much and could um hailey put her name on her screen

740
01:29:27,080 --> 01:29:35,560
 adam is there a way to add hailey's name if you know how to do it you go to the three dots

741
01:29:35,560 --> 01:29:39,880
 if you're the host i don't know if you are the virtual host and it says rename and you can

742
01:29:39,880 --> 01:29:53,800
 rename the person thank you so much very good now we i don't still don't see

743
01:29:53,800 --> 01:30:04,520
 we also have a tyler smith but that may have been old so that i believe that there we go there we go

744
01:30:04,520 --> 01:30:12,920
 okay um so i will swear everyone in at once if that's all right um mr sidey mr wilson mr demore

745
01:30:12,920 --> 01:30:19,400
 and mr guruski could you please all raise your hand and identify yourselves by name i'll read

746
01:30:19,400 --> 01:30:24,600
 this first statement and then if you would go out in the order that i call you to identify yourselves

747
01:30:24,600 --> 01:30:30,280
 if you're appearing before this board is provided under chapter 602 0025 of the texas government

748
01:30:30,280 --> 01:30:35,640
 code all testimony is sworn could you please identify yourself for the record mr sidey

749
01:30:35,640 --> 01:30:43,800
 frank sobby um this is a guruski hailey's guruski senior planner mr demore

750
01:30:43,800 --> 01:30:51,080
 pretty demore and mr wilson matt wilson thank you very much um thank you for raising your

751
01:30:51,080 --> 01:30:56,440
 right hands to be sworn please raise them under penalty of perjury do you swear or affirm that

752
01:30:56,440 --> 01:31:00,680
 any testimony or information you provide or any statement you make before this board is

753
01:31:00,680 --> 01:31:07,880
 complete true and correct to the best of your knowledge and ability i do i swear very much i

754
01:31:07,880 --> 01:31:15,640
 heard you all and you may all proceed in order of aid thank you um so in that case um i believe

755
01:31:15,640 --> 01:31:22,520
 it's mr guruski who will present is that right he presented yes the item thank you

756
01:31:26,440 --> 01:31:33,240
 um all right good evening this is case v20-0003 the total care er wall sign

757
01:31:33,240 --> 01:31:39,720
 the request before you is for a special exception from the ordinances chapter 33 signs and

758
01:31:39,720 --> 01:31:47,320
 advertising devices specifically section 33.14.2 e2 as it relates to the minimum required setback

759
01:31:47,320 --> 01:31:51,720
 for internally illuminated wall signs in non-residential districts when such fine

760
01:31:51,720 --> 01:31:56,840
 signs face people family residents or zone the image you see here is the proposed sign

761
01:31:56,840 --> 01:32:01,400
 um the the top portion here on the the brick part of the building with the logo and the total care

762
01:32:01,400 --> 01:32:07,480
 er text is the sign that's being considered this evening so a little more background to

763
01:32:07,480 --> 01:32:12,120
 orient you to the site uh the subject property is located at the corner of teasley and lily and

764
01:32:12,120 --> 01:32:17,960
 miller as you can see here there the building is existing um this this is currently or was

765
01:32:17,960 --> 01:32:22,680
 currently operating as an emergency room um the the tenant of the building is changing so they're

766
01:32:22,680 --> 01:32:27,080
 replacing the signs that are on the building this again is the proposed sign that we're considering

767
01:32:27,080 --> 01:32:32,120
 this evening and then the site plan shows you the existing setback between the building and the

768
01:32:32,120 --> 01:32:37,400
 property line so there's 160 feet between the the north elevation of the building where the sign

769
01:32:37,400 --> 01:32:42,120
 would go and this property line where they abut a single-family residential subdivision to the north

770
01:32:45,080 --> 01:32:50,680
 um so the sign code requires um that the minimum setback for an illuminated wall sign that is over

771
01:32:50,680 --> 01:32:56,040
 15 feet in height and height is measured to the top portion of the sign um that that setback be 200

772
01:32:56,040 --> 01:33:00,920
 feet from a property that is either used or zoned for single-family residential so the property to

773
01:33:00,920 --> 01:33:05,960
 the north of this site um does have single-family zoning and is used for single-family um the

774
01:33:05,960 --> 01:33:11,240
 existing setback as we just saw is 160 feet so they're looking for a a 40-foot difference there

775
01:33:11,880 --> 01:33:16,680
 a 40-foot difference there between what is required and what's existing on site

776
01:33:16,680 --> 01:33:25,160
 there the uh kind of counterpart to that is that if the illuminated sign is less than 200 feet

777
01:33:25,160 --> 01:33:30,920
 it has a maximum height of 15 feet the sign as they proposed it measured to the the very top of

778
01:33:30,920 --> 01:33:36,440
 that logo that you saw would be approximately 24 feet 8 inches so it's 9 feet 8 inches more

779
01:33:36,440 --> 01:33:43,240
 than what is required since they do not have that 200 feet so some more details about the proposed

780
01:33:43,240 --> 01:33:47,560
 sign this would be considered a wall mounted sign and it is it is internally illuminated

781
01:33:47,560 --> 01:33:53,480
 the overall height as i just mentioned is 24 feet 8 inches from the ground level to the top portion

782
01:33:53,480 --> 01:34:00,520
 of the sign at this point the total effective area of the sign is at 96 square feet this would be

783
01:34:00,520 --> 01:34:05,480
 located on the north elevation of the existing building and it would feature the company logo

784
01:34:05,480 --> 01:34:11,640
 and then verbiage related to the emergency room some of the considerations that were outlined in

785
01:34:11,640 --> 01:34:16,920
 exhibit 2 of your backup the proposed sign would be in compliance with all other non-setback related

786
01:34:16,920 --> 01:34:23,160
 requirements of chapter 33 the emergency care clinic is required by state statute to have a

787
01:34:23,160 --> 01:34:27,240
 patient drop-off point that is protected against inclement weather so that's the reason for the

788
01:34:27,240 --> 01:34:32,680
 existing canopy that's on the building to cover that area for patient loading and unloading

789
01:34:32,680 --> 01:34:37,640
 that canopy is currently 12 feet in height at the bottom so 12 feet of height clearance

790
01:34:37,640 --> 01:34:42,920
 it's about 14 feet to the top of that so that would leave one feet of space above the existing

791
01:34:42,920 --> 01:34:48,600
 canopy to be within that 15 foot limitation due to the setback being less than 200 feet

792
01:34:48,600 --> 01:34:55,640
 on the existing building section 33.6 of the code of ordinances does allow the board of adjustment

793
01:34:55,640 --> 01:35:01,000
 to grant special exceptions from height and set height sorry setback and height requirements

794
01:35:01,000 --> 01:35:04,600
 under two circumstances we'll look at each of these in a little more detail

795
01:35:04,600 --> 01:35:09,560
 the deviation allowed shall not be more than what would be deemed minimally necessary to remedy the

796
01:35:09,560 --> 01:35:14,920
 situation so we'll look first at the visibility obstruction special exception and then we'll look

797
01:35:14,920 --> 01:35:21,000
 at the emergency and medical sign at special exception so with regards to a visibility

798
01:35:21,000 --> 01:35:25,800
 obstruction the code allows that when 50 percent or more of the effective area of a sign would be

799
01:35:25,800 --> 01:35:30,040
 located in accordance with the setback or height requirements of this article and it would not be

800
01:35:30,040 --> 01:35:34,920
 visible from at least one visibility point because of existing building structures or natural ground

801
01:35:34,920 --> 01:35:41,000
 that the zba may grant the special exception so to clarify a few points there the code of ordinances

802
01:35:41,000 --> 01:35:46,440
 defines and depicts what a visibility point is so you can see this illustration from the code here

803
01:35:46,440 --> 01:35:51,720
 so it requires that at your setback line you extend that line out to the curb and then measure 100

804
01:35:51,720 --> 01:35:58,040
 feet in any direction to determine what a visibility point would be in this case because the there is

805
01:35:58,040 --> 01:36:02,520
 no setback in the zoning district so that you would measure at the property line extended to the curb

806
01:36:02,520 --> 01:36:09,880
 and then back 100 feet or out in any direction so staff did look at this by site visits and by

807
01:36:09,880 --> 01:36:15,400
 doing street views on the property to gather some images to show you all at the visibility point

808
01:36:15,400 --> 01:36:20,920
 from the south here along lily and miller parkway you can see this this is that vantage point

809
01:36:20,920 --> 01:36:25,400
 looking at google street view there is existing vegetation that would block the front portion of

810
01:36:25,400 --> 01:36:31,000
 the building however by the letter of the code that would not meet the criteria of either an

811
01:36:31,000 --> 01:36:36,440
 existing building structure or natural ground causing that visibility obstruction and then

812
01:36:36,440 --> 01:36:40,280
 just to show you what it looks like from the property line where that like i said there is

813
01:36:40,280 --> 01:36:43,960
 no setback there so we'd be looking from the property line you can see that the front of

814
01:36:43,960 --> 01:36:49,400
 the building where the sign would go would be visible so staff did not find that it meets

815
01:36:49,400 --> 01:36:55,960
 this criteria but this is within the zoning board of adjustments ability to grant this special

816
01:36:55,960 --> 01:37:03,320
 exception if you feel that it meets this criteria the second ability for special exceptions with

817
01:37:03,320 --> 01:37:07,880
 specifically with regard to medical emergency signs so the code reads that when a sign

818
01:37:07,880 --> 01:37:12,760
 located on the property of an emergency medical treatment facility would not because of setback

819
01:37:12,760 --> 01:37:18,120
 or height requirements of this article be readily visible from adjacent public streets for purposes

820
01:37:18,120 --> 01:37:22,840
 of this provision it does define emergency emergency medical treatment facilities to be any

821
01:37:22,840 --> 01:37:27,320
 hospital clinic or other facility where medical aid is offered to a person or animal which suffers

822
01:37:27,320 --> 01:37:32,680
 injury or illness which requires immediate medical attention so that is a very fairly broad definition

823
01:37:32,680 --> 01:37:37,480
 and this facility would fall within that based on the type of treatment that they described

824
01:37:37,480 --> 01:37:45,080
 so again just to show you from the property line as the code requires this screenshot is a bit

825
01:37:45,080 --> 01:37:49,160
 older it shows the sign that was previously on the building with the prior tenant but you could see

826
01:37:49,160 --> 01:37:54,120
 that face of the building is visible and not obstructed by the canopy so again staff did not

827
01:37:54,120 --> 01:37:58,760
 feel that that this meets the letter of the code with regard to this requirement this image here

828
01:37:58,760 --> 01:38:03,640
 just shows you the all of the proposed sign locations for this building the sign in question

829
01:38:03,640 --> 01:38:09,880
 is the one labeled a on this diagram the others are all signs that would be on there is a ground

830
01:38:09,880 --> 01:38:14,120
 sign here this is that patient drop-off sign and then there are signs on the other three sides of

831
01:38:14,120 --> 01:38:19,400
 the building that are proposed and were found to meet the sign code so those as far as i could

832
01:38:19,400 --> 01:38:23,480
 tell in our system have all been approved at this point it's just sign a that would be in question

833
01:38:23,480 --> 01:38:29,880
 and with that staff is recommending denial of the special exception request as we found it to not

834
01:38:29,880 --> 01:38:35,160
 meet the criteria for special exceptions in section 33.6 c of the code of ordinances

835
01:38:35,160 --> 01:38:40,120
 and i will stop sharing the screen so that you all can have question and discussion

836
01:38:44,280 --> 01:38:49,960
 okay thank you hayley thank you very much thank you i'm sorry

837
01:38:49,960 --> 01:38:57,320
 thank you so much are there questions for the presenter or does the presenter wish to speak

838
01:38:57,320 --> 01:39:03,400
 yeah i'd like to just speak on behalf of total care yard my name is matt wilson i'm with chandler

839
01:39:03,400 --> 01:39:09,720
 signs we thank you for consideration of the case today what we're asking for today is simply a

840
01:39:09,720 --> 01:39:16,280
 like-for-like replacement of the existing sign that was there for the previous er user there

841
01:39:16,280 --> 01:39:22,760
 was an existing lighted sign in place and the user has moved out we have a new user total care er

842
01:39:22,760 --> 01:39:30,360
 that has taken the place and is opening actually open for business today and so what we're requesting

843
01:39:30,360 --> 01:39:37,320
 today is a like-for-like in the same location we're not proposing a bright white sign with

844
01:39:37,320 --> 01:39:43,320
 white faces where there's going to be a high output of illumination they're blue and red faces which

845
01:39:43,320 --> 01:39:49,800
 will provide a muted overall appearance there is ancillary lighting at the property through

846
01:39:49,800 --> 01:39:56,520
 can lights at the port of cashier parking lights overhead street lights the combination of that will

847
01:39:56,520 --> 01:40:03,400
 effectively dim down the overall brightness we're not in a dark sky where the sign is going to be a

848
01:40:03,400 --> 01:40:11,560
 beacon so we do not feel that it'll be a hindrance to the homes on the northern side in addition the

849
01:40:11,560 --> 01:40:20,120
 adjacent street as shown by miss sagursky shows that there is a little small window of visibility

850
01:40:20,120 --> 01:40:27,160
 as you're coming south on libyan miller so it is important obviously situation that

851
01:40:28,920 --> 01:40:35,720
 someone would be able to easily find the clinic for emergency care this is a 24/7 emergency

852
01:40:35,720 --> 01:40:40,680
 facility so it is important for illumination whereas other businesses that close during the day

853
01:40:40,680 --> 01:40:47,320
 it's not as important for an illuminated sign this is a special exception that we're requesting

854
01:40:47,320 --> 01:40:54,280
 due to the nature of the user being a 24/7 medical emergency facility and we've got frank

855
01:40:54,280 --> 01:41:00,760
 and rudy on as well that adding additional comments from the ownership side of the property as well

856
01:41:00,760 --> 01:41:10,360
 at total care er and i'll let i'll turn it over to them thank you thank you very much

857
01:41:10,360 --> 01:41:17,400
 uh would you like to speak uh yes i am next yes uh madam chair board members thank you for your

858
01:41:17,400 --> 01:41:23,720
 time in hearing our variance request uh my name is frank sade i'm one of the managing partners

859
01:41:23,720 --> 01:41:35,240
 of total care um total care has seven medical facilities in the dfw area um hello

860
01:41:35,240 --> 01:41:48,200
 oh can you still hear me yes okay yes so total care has uh seven medical facilities in the dfw

861
01:41:48,200 --> 01:41:57,160
 area and we have one uh non-profit in in kenya um we are excited to be in denton today was our

862
01:41:57,160 --> 01:42:07,880
 first day we opened at seven o'clock um we are a freestanding er and a freestanding er treats any

863
01:42:07,880 --> 01:42:17,160
 conditions a hospital-based er could um most patients arrive at a hospital

864
01:42:18,840 --> 01:42:26,040
 they come by ambulances where in a freestanding er most of patients are walk-ins

865
01:42:26,040 --> 01:42:34,440
 basically people driving down the street if there is a good signage they either drive in or they

866
01:42:34,440 --> 01:42:39,560
 have a mental note so when they have an emergency they can come back to the facility

867
01:42:41,640 --> 01:42:50,920
 as matt stated we are open 24/7 360 days a year in addition to providing medical

868
01:42:50,920 --> 01:42:57,560
 emergency services in the dentin facility we have made the decision to invest heavily in

869
01:42:57,560 --> 01:43:06,200
 covid testing we are one of the few facilities that offer three tests an antibody test antigen

870
01:43:06,200 --> 01:43:14,840
 test and pcr for the benefit of the residents of denton um we feel that the proper signage

871
01:43:14,840 --> 01:43:20,120
 will benefit our neighbors and the residents residents of denton and we want to be good

872
01:43:20,120 --> 01:43:31,000
 neighbors thank you very much thank you sir and uh we heard from mr wilson and mr sade

873
01:43:31,000 --> 01:43:34,680
 is there anyone else among mr demora did you want to add anything

874
01:43:36,760 --> 01:43:42,280
 um no i'm here for feeling any questions from the owner is should there be any questions

875
01:43:42,280 --> 01:43:48,200
 but i do support the not that that really matters but i just wanted to throw that out there i don't

876
01:43:48,200 --> 01:43:56,360
 think it's uh we're definitely not hinder any any neighbors so are you on the city no i represent

877
01:43:56,360 --> 01:44:05,720
 the uh the landlord okay thank you i see okay all right then board member questions concerns

878
01:44:05,720 --> 01:44:15,480
 comments uh yes board member red wine um i don't know if this is the staff or um anybody else did

879
01:44:15,480 --> 01:44:21,240
 have we have we had any feedback from i guess the residents on i think i guess that's 100 ridge

880
01:44:21,240 --> 01:44:32,040
 based on the the map any feedback from them um as julie mentioned on the previous case notification

881
01:44:32,040 --> 01:44:36,520
 isn't uh is not required for for variance and special exception cases before the board of

882
01:44:36,520 --> 01:44:41,720
 adjustment so the city did not notify i'm not aware if the property owner did any outreach

883
01:44:41,720 --> 01:44:49,320
 um on their own and then the second question if i may um so i think on the couple pictures that we

884
01:44:49,320 --> 01:44:56,840
 do see um i mean it sounds like or it looks like there's quite a bit of signage around the building

885
01:44:56,840 --> 01:45:03,080
 and um in a number of areas um what i guess what's the value of adding that one sign above

886
01:45:03,080 --> 01:45:09,880
 the pavilion um as opposed to at least on this it looks like there's five or six other spots

887
01:45:09,880 --> 01:45:16,680
 there's pictures or i mean there's a sign is going to be i guess what would be the additional value

888
01:45:16,680 --> 01:45:30,120
 for that one's additional sign go ahead frank yes um so so come in well the the the monument sign

889
01:45:30,120 --> 01:45:37,480
 it looks um extremely well and it has very good content unfortunately because of the setback

890
01:45:37,480 --> 01:45:44,280
 the monument sign is kind of pushed i want to i want to say approximately 20 feet uh into the

891
01:45:44,280 --> 01:45:53,960
 property um so coming coming from lillian miller from from 35 although the monument sign looks

892
01:45:53,960 --> 01:46:01,160
 nice when you get close to it but driving from far away it's not very visible i would say that's the

893
01:46:01,160 --> 01:46:11,480
 first point second point we feel that the the signage that we're proposing has a cross which

894
01:46:11,480 --> 01:46:18,520
 designate medical services the red cross and then also has the word emergency room uh that's also

895
01:46:18,520 --> 01:46:33,960
 going to add to the to the presentation for for emergency services maybe useful to the cba to

896
01:46:33,960 --> 01:46:39,480
 since we haven't been meeting for almost a year until very recently just to review the change

897
01:46:40,440 --> 01:46:44,840
 just a brief comment from staff on the change in the sign signage ordinances

898
01:46:44,840 --> 01:46:49,480
 why like for like isn't just an automatic approval

899
01:46:49,480 --> 01:46:59,400
 so to my knowledge there have not been any changes to the sign ordinance at least since

900
01:46:59,400 --> 01:47:04,760
 2015 when i started with the city um ron may able to speak to when it was originally adopted i'm

901
01:47:04,760 --> 01:47:11,960
 not clear on that date off the top of my head the the issue with replacing like for like in this

902
01:47:11,960 --> 01:47:15,560
 instance there are some provisions of the code that would allow for like refacing an existing

903
01:47:15,560 --> 01:47:21,160
 sign if it was a sign cabinet being left in place or something of that nature in this instance the

904
01:47:21,160 --> 01:47:26,680
 existing sign was approved in error and did not meet the standard as it was on the building

905
01:47:26,680 --> 01:47:33,960
 for a couple of years and that sign has been removed in its entirety so it's no longer

906
01:47:33,960 --> 01:47:42,200
 considered a replacement of that sign because in 2015 there the

907
01:47:42,200 --> 01:47:56,120
 code changed are there any questions from other zoning board members not seeing oh there we are

908
01:47:56,120 --> 01:47:59,160
 uh board member meisner and then board member higgins

909
01:48:01,960 --> 01:48:13,400
 yeah i have a question about the removal of the previous sign was uh it was taken down by the

910
01:48:13,400 --> 01:48:27,800
 previous owner is that what happened now this this one is going up at this point with the new

911
01:48:27,800 --> 01:48:36,920
 owner is that correct is that clear one she was asking if the sign that was taken down was put

912
01:48:36,920 --> 01:48:42,680
 up by the previous owner can you hear me and the new sign is being put up by yes

913
01:48:42,680 --> 01:48:49,640
 a new owner um does that answer your question board member meisner

914
01:48:51,800 --> 01:49:01,400
 yes and a follow-up question to that is there anything that you could do to um

915
01:49:01,400 --> 01:49:10,120
 reach a compromise to allow it to be conforming before the new sign goes up

916
01:49:10,120 --> 01:49:19,880
 so could entertain oh yeah i was just speak to that uh you know there are dimmers on signs we

917
01:49:19,880 --> 01:49:28,920
 could uh put a dimmer on the sign if that would uh help with the approval um again the the light

918
01:49:28,920 --> 01:49:35,880
 output uh from the blue face is going to be fairly minimal so um but but a dimmer switch

919
01:49:35,880 --> 01:49:43,000
 is certainly an option um as frank said that you know the users trying to be good neighbors so

920
01:49:43,000 --> 01:49:47,560
 obviously they wanted to work for the existing uh homeowners on the northern side that have had a

921
01:49:47,560 --> 01:49:57,640
 sign facing them for the past few years thank you i think the dimmer is a good consideration

922
01:49:57,640 --> 01:50:07,320
 and i i do love the lower lighting levels to to avoid light pollution

923
01:50:10,760 --> 01:50:22,760
 board member higgins uh yes um uh for mr gursky can you tell us the height of the

924
01:50:22,760 --> 01:50:29,800
 the highest height of the lit portion of the sign from the ground

925
01:50:29,800 --> 01:50:38,600
 or at least make an estimate of that yes the proposed sign um i believe

926
01:50:39,880 --> 01:50:46,520
 let me confirm is a 24 feet eight inches to the top from from ground level from ground okay

927
01:50:46,520 --> 01:50:57,240
 and that would therefore shine pretty much over the fence separating the structure from the

928
01:50:57,240 --> 01:51:04,920
 neighbor's backyard or so right i mean the fence would not afford blockage of that sign it would

929
01:51:04,920 --> 01:51:09,560
 seem to me if it did it you wouldn't be serving its purpose i'm just saying if that's probably

930
01:51:09,560 --> 01:51:16,760
 the case if it's if it's 24 feet but i understand you to say earlier that those neighbors immediately

931
01:51:16,760 --> 01:51:26,680
 affected by that sign have not been uh questioned or how do you know surveyed

932
01:51:26,680 --> 01:51:36,680
 by the city in this particular instance is that correct that is correct i mean i wonder if they

933
01:51:36,680 --> 01:51:48,040
 know what's coming uh mr wilson you say the sign the sign is there now or not no sir the okay the

934
01:51:48,040 --> 01:51:56,840
 sign in in the previous user was removed by total care as they took over so the current sign is not

935
01:51:56,840 --> 01:52:02,520
 there that's why we're to the board today to request the variance yeah i know i'm i'm really

936
01:52:02,520 --> 01:52:10,920
 right it's the back that we're asking for i'm sorry i missed that yeah i was just saying that

937
01:52:10,920 --> 01:52:18,760
 there the ordinance does allow for a sign to be at that height it is the setback of the 200 feet to

938
01:52:18,760 --> 01:52:26,200
 160 requesting to achieve elimination yeah yeah i'm actually quite familiar with that intersection

939
01:52:26,200 --> 01:52:35,400
 and when you're coming south on on uh lily and miller uh you come up the rise and then you sort

940
01:52:35,400 --> 01:52:40,760
 of come down and you go up another rise it's a large building the building is on a very elevated

941
01:52:40,760 --> 01:52:49,960
 piece of land um it it just seems to me that it would you know be hard to miss now i admit that

942
01:52:49,960 --> 01:52:57,160
 there could be a situation if somebody wasn't was was in an immediate need and had never been

943
01:52:57,160 --> 01:53:03,720
 there before but somehow knew that that was there that you know it they might have to kind of get

944
01:53:03,720 --> 01:53:08,440
 directly in front of it before they'd see it but once you got to that point it's it's big it's

945
01:53:08,440 --> 01:53:15,240
 right there uh i'm concerned i'm just concerned about the neighbors and you know is there a way

946
01:53:15,240 --> 01:53:22,360
 for you to articulate what lower illumination might mean to somebody who has this shining in

947
01:53:22,360 --> 01:53:33,000
 their bedroom window at night yeah so we could talk about lumens and we might get real technical

948
01:53:33,000 --> 01:53:39,400
 but um you know the light has to transmit through the acrylic face and then it gets knocked down by

949
01:53:39,400 --> 01:53:48,040
 the 3m vinyl that creates that color for the logo the overall illumination for the led module and

950
01:53:48,040 --> 01:53:57,320
 the actual cone of illumination um is actually not um you can put a light meter on it and um it

951
01:53:57,320 --> 01:54:04,040
 would not cross the parking lot as far as a hindrance of brightness um you know you could

952
01:54:04,040 --> 01:54:10,360
 you could uh put a light meter on the overall street light and the amount of cone lighting

953
01:54:10,360 --> 01:54:16,680
 that is intended for the street it's about 10 times greater uh just the surface area of each

954
01:54:16,680 --> 01:54:23,000
 individual led module inside the channel letters themselves is just intended to light that only and

955
01:54:23,000 --> 01:54:31,400
 it's a very confined area so um you know the it's not intended to light a an entire area it's actually

956
01:54:31,400 --> 01:54:38,760
 got about 150 degree viewing angle um that that shoots out in its you know directly in front of

957
01:54:38,760 --> 01:54:44,840
 the sign let me let me approach it this way uh many years ago when my wife and i were younger

958
01:54:44,840 --> 01:54:49,320
 we had an apartment then there was a street light right outside our apartment and you could have the

959
01:54:49,320 --> 01:54:55,320
 venetian blind in our bedroom window which you could close but boy i'll tell you i mean it's

960
01:54:55,320 --> 01:55:01,000
 still got a lot of light in there at night yeah i mean i mean you you would you be in that sort of

961
01:55:01,000 --> 01:55:05,960
 a situation or is that not even close we're not we're not looking to make this vegas we're uh

962
01:55:05,960 --> 01:55:14,600
 uh okay typical channel letters for a retail uh medical use um you know that that would probably

963
01:55:14,600 --> 01:55:20,200
 be one-tenth of the of the light output of a standard 400 watt metal halide which is what is

964
01:55:20,200 --> 01:55:26,600
 intended for a street light so it's uh and those have a clear acrylic lens on so there's nothing

965
01:55:26,600 --> 01:55:32,120
 knocking down the light so it's nowhere near the comparison of a street light which there's actually

966
01:55:32,120 --> 01:55:38,120
 one at the turn-in drive that's very close to the neighbors as you turn in just past that tree that

967
01:55:38,120 --> 01:55:44,600
 was shown in the presentation there is an overhead street light so that will actually swallow the

968
01:55:44,600 --> 01:55:55,320
 light of the actual sign itself okay thank you are there any other questions from the other board

969
01:55:55,320 --> 01:56:02,600
 members yes um yes i'm i understand about the light and that is always a concern with the

970
01:56:02,600 --> 01:56:12,600
 neighborhood but is the request for the variance because of how high it's going to be over what the

971
01:56:12,600 --> 01:56:23,160
 right what the um the code says yes thank you dr ling um hayley if you might address that part

972
01:56:24,840 --> 01:56:32,120
 sure so the code um the the sign code allows the sign to be over 15 feet but if it is it has to be

973
01:56:32,120 --> 01:56:37,800
 at least 200 feet from those residential uses in this case we have an existing building that is 160

974
01:56:37,800 --> 01:56:44,440
 feet um so so they're not able to meet um both the the 15 foot height limit and the the setback

975
01:56:44,440 --> 01:56:50,600
 they could if this under 200 feet of setback the sign could be under 15 feet so it's kind of a

976
01:56:50,600 --> 01:56:57,320
 two-part requirement um unfortunately based on the combination of existing building location and uh

977
01:56:57,320 --> 01:57:02,200
 setback there they're not able to meet those those two-part requirements i did did want to

978
01:57:02,200 --> 01:57:07,000
 note if the sign were not illuminated that setback would be 100 feet but of course they

979
01:57:07,000 --> 01:57:09,960
 they are requesting that illuminated sign so that's the 200 foot setback

980
01:57:15,160 --> 01:57:23,000
 of course does that answer your question is there anyone else with a question on the board

981
01:57:23,000 --> 01:57:34,440
 so if you could summarize uh if you wouldn't mind mr gurusky could you summarize the violation

982
01:57:34,440 --> 01:57:40,600
 sure chair lane i think board member meisner has a question okay yes board member meisner thank you

983
01:57:42,360 --> 01:57:53,880
 uh i just wanted to clarify the fact that there is a special person where we we could

984
01:57:53,880 --> 01:58:05,720
 um allow this because of it being a medical facility how about how that would play into

985
01:58:06,840 --> 01:58:13,880
 um just the technical language like connections unstable

986
01:58:13,880 --> 01:58:20,760
 sorry i hope you heard me let me see if i can summarize that since there's an exception for

987
01:58:20,760 --> 01:58:26,520
 medical facilities how does that um comply with the technical language technical language of the

988
01:58:26,520 --> 01:58:33,800
 zoning code if you wouldn't mind thank you sure so the the sign code does allow for that special

989
01:58:33,800 --> 01:58:39,240
 exception for any medical emergency facility that meets that definition that we went over earlier

990
01:58:39,240 --> 01:58:46,520
 it allows that exception to either height or setback requirements in this instance because the

991
01:58:46,520 --> 01:58:51,720
 requirement is that for for that special exception the sign would have to not be visible from the

992
01:58:51,720 --> 01:58:56,840
 property line and that's where staff found that based on our visits to the site and then the

993
01:58:56,840 --> 01:59:02,040
 street views that we showed you all that that it did not meet that criteria but that is within

994
01:59:02,040 --> 01:59:07,640
 the board's purview if you feel that there is a visibility concern there that you could grant that

995
01:59:07,640 --> 01:59:11,560
 special exception to the height and setback requirements

996
01:59:11,560 --> 01:59:23,160
 i have a question which links to the question that board member higgins raised regarding

997
01:59:23,160 --> 01:59:31,400
 those living nearby is there a means whereby although the city doesn't seek it is there a

998
01:59:31,400 --> 01:59:41,160
 means whereby the the owner or the facility could seek some input from them to be more reassuring to

999
01:59:41,160 --> 01:59:46,600
 grant waivers and variances if we know that those nearby are okay with it

1000
01:59:57,400 --> 02:00:04,200
 rudy's got some go ahead rudy um so from the landlord perspective the sign's been up there

1001
02:00:04,200 --> 02:00:08,920
 for a few years and we have had zero complaints from the neighbors so i don't know if that helps

1002
02:00:08,920 --> 02:00:14,360
 that the the previous light was red and white so the white would actually be a little bit more

1003
02:00:14,360 --> 02:00:20,680
 give a little bit more illumination than what is being proposed so i feel that this signage would

1004
02:00:20,680 --> 02:00:25,960
 really cause zero issues with anybody just because it's they're used to having a sign there and now

1005
02:00:25,960 --> 02:00:31,880
 as as matt mentioned the street light will give a lot more illumination than what this sign will

1006
02:00:31,880 --> 02:00:38,120
 even do so it's just literally a swap out is how i see it how long is the sign that used to be there

1007
02:00:38,120 --> 02:00:46,360
 removed i believe it was maybe i would have to get matt i haven't necessarily been up there as

1008
02:00:46,360 --> 02:00:53,800
 much lately so i'll leave that for existing sign uh has been removed in the last once nothing's

1009
02:00:53,800 --> 02:01:01,960
 acting so is there any preparation for this should be recent yeah and then um oftentimes this board

1010
02:01:01,960 --> 02:01:10,840
 will grant uh when there's an attempt to modify the proposal somewhat towards um what the surrounding

1011
02:01:10,840 --> 02:01:15,000
 community was living with in the past and you mentioned that it would be a slightly softer

1012
02:01:15,000 --> 02:01:20,680
 light and i believe you did as well mr wilson that there was an adjustment that could be made

1013
02:01:22,360 --> 02:01:28,440
 for that right there could be a dimmer switch added um to dim down the overall brightness of the

1014
02:01:28,440 --> 02:01:37,320
 sign and is there a way to um uh include that in the agreement with the city i believe so frank

1015
02:01:37,320 --> 02:01:48,680
 agrees yes i do all right thank you uh do we want to move towards is any a motion or is there more

1016
02:01:48,680 --> 02:01:55,480
 questions are there more questions from the board look it around looks like we have arrived um do

1017
02:01:55,480 --> 02:02:09,000
 i have a motion one way or another yes um board member meisner a motion to approve the exemption

1018
02:02:09,720 --> 02:02:25,960
 with the special lights added on to the um the language all right i'll read i'll summarize that

1019
02:02:25,960 --> 02:02:34,440
 if you don't mind um the motion is to approve the new sign with an adjustment or added thank you added

1020
02:02:34,440 --> 02:02:42,680
 um uh added changes in the lighting that reduced the glare

1021
02:02:42,680 --> 02:02:52,920
 and utilizing the special circumstance of the medical facility

1022
02:02:52,920 --> 02:03:01,400
 special exemption utilizing the medical exemption motion to approve the variance

1023
02:03:01,400 --> 02:03:08,200
 with um an adjustment in the lighting with the dimmer switch and chair in addition there's a

1024
02:03:08,200 --> 02:03:15,800
 requirement in the code that you specify the height that would be allowed okay and the height

1025
02:03:15,800 --> 02:03:23,480
 requested uh could i get a staff opinion on that it's in there yes the height as shown is 24 feet

1026
02:03:23,480 --> 02:03:32,040
 eight inches with a 160 foot setback and the uh the the code height is the code was 15 feet and 200

1027
02:03:32,040 --> 02:03:43,400
 feet setback any questions or thoughts about that from the board i guess as your attorney i have

1028
02:03:43,400 --> 02:03:48,680
 just concerns with enforcement i know that we're trying to impose a standard here for lighting and

1029
02:03:48,680 --> 02:03:52,600
 and what that looks like i don't hear an enforceable standard though as far as the

1030
02:03:52,600 --> 02:03:59,880
 the reduction in light or brightness or the glare i don't know ron or hayley what the best process

1031
02:03:59,880 --> 02:04:05,400
 would be here but i would feel like we need a more objective standard than that to actually

1032
02:04:05,400 --> 02:04:09,400
 enforce out there we're going to say what the brightness of light is actually going to be

1033
02:04:09,400 --> 02:04:15,640
 i don't know if that's something that can be done now or that may be a subsequent meeting but i just

1034
02:04:15,640 --> 02:04:21,320
 feel like that's an impossible standard for anybody to go out and actually enforce to be honest i

1035
02:04:21,320 --> 02:04:26,840
 wouldn't mind if we had this as a subsequent meeting so that the we do have the landlord's

1036
02:04:26,840 --> 02:04:36,840
 impression that no one was bothered previously um it would be good to know what the difference is

1037
02:04:36,840 --> 02:04:42,360
 that people are going to experience and how they feel about it i'm not sure we can get that same

1038
02:04:42,360 --> 02:04:49,080
 time we do need perhaps can city work out an agreement regarding the lighting and the in the

1039
02:04:49,080 --> 02:04:57,960
 dimmer switches is that something that city can ultimately it's going to be the the board's

1040
02:04:57,960 --> 02:05:04,120
 decision on what that standard is so i think that the staff and the applicant can come back to you

1041
02:05:04,120 --> 02:05:09,560
 with something that both sides feel like meets the board is requesting but ultimately it's the

1042
02:05:09,560 --> 02:05:16,280
 board's determination on what any conditions would look like on that approval well mr wilson what

1043
02:05:16,280 --> 02:05:23,560
 would be the way to express it just in terms of lumens or some other way yeah and to be very frank

1044
02:05:23,560 --> 02:05:28,200
 with you it's it's these dimmer switches are very similar to what you have in your own houses

1045
02:05:28,200 --> 02:05:34,680
 so it has you know rheostat on there a switch that goes up and down so it goes from zero to

1046
02:05:34,680 --> 02:05:43,720
 100 so if we want to set you know 50 as the benchmark with frank's approval i think that

1047
02:05:43,720 --> 02:05:50,760
 that would be reasonable and then if we want to talk about enforcement as far as from the

1048
02:05:50,760 --> 02:05:57,320
 sign inspector level we'd be happy to set up a meeting with him and go over that as far as

1049
02:05:57,320 --> 02:06:02,280
 expectations because we prefer to have a ruling tonight this business just opened today and

1050
02:06:02,280 --> 02:06:06,920
 obviously there you know the the success of a business usually happens in the first 60 to 90

1051
02:06:06,920 --> 02:06:13,320
 days as they try to acclimate into the community so we'd appreciate a a decision tonight if possible

1052
02:06:14,440 --> 02:06:17,720
 well we i mean it made me i really i guess

1053
02:06:17,720 --> 02:06:27,480
 if we set please go ahead the max if we set the maximum at 50 lumens to be observed

1054
02:06:27,480 --> 02:06:37,800
 uh after you know 90 or 120 days or something like that maybe that would work

1055
02:06:40,200 --> 02:06:45,240
 would that be acceptable to the applicant

1056
02:06:45,240 --> 02:06:56,840
 hey matt yes what's so at 100 how what do you estimate the lumens to out of out of this whole

1057
02:06:56,840 --> 02:07:06,920
 sign so the the led models are 105 lumens per foot and so that that is per foot of led illumination

1058
02:07:06,920 --> 02:07:15,560
 that obviously the lighting is inside of a can but at 50 percent that would be roughly 52 and a half

1059
02:07:15,560 --> 02:07:20,760
 lumens so as you dial it back on the the dimmer switch itself

1060
02:07:20,760 --> 02:07:27,160
 you know it'd be 50 percent of that and that gives you your your 90 days of just sort of blasting

1061
02:07:27,160 --> 02:07:31,720
 out your presence to the community after which presumably the community knows you're there

1062
02:07:33,000 --> 02:07:36,840
 and 50 lumens at dusk you would see 50 lumens okay at dusk

1063
02:07:36,840 --> 02:07:45,000
 correct okay be a lot dimmer but um yeah the sign would still illuminate

1064
02:07:45,000 --> 02:07:49,960
 but telling someone traveling south on t on uh

1065
02:07:49,960 --> 02:07:57,320
 lillian miller would be able to see it at dusk at 50 lumens correct all right yeah dusk it

1066
02:07:57,320 --> 02:08:01,000
 it would be visible just be a little bit dim

1067
02:08:03,480 --> 02:08:03,960
 um

1068
02:08:03,960 --> 02:08:13,240
 this this kind of approach is very welcome in the cba

1069
02:08:13,240 --> 02:08:18,360
 we're here are there any more questions that work for everyone yes

1070
02:08:18,360 --> 02:08:24,680
 we have um i'm sorry

1071
02:08:33,000 --> 02:08:36,680
 um

1072
02:08:36,680 --> 02:08:53,880
 thank you thank you um if there are no more questions or concerns

1073
02:08:53,880 --> 02:09:00,520
 um i would entertain a motion one way or the other sorry uh chair there's already been a motion i

1074
02:09:00,520 --> 02:09:05,320
 just was wanting to get clarification but there's been a motion in a second on to allow for the

1075
02:09:05,320 --> 02:09:15,560
 special exception yes and and who moved and who seconded may ask uh board member meissner and

1076
02:09:15,560 --> 02:09:23,560
 second was i'm not sure who did but i'll second all right board member red wine okay thank you

1077
02:09:23,560 --> 02:09:28,280
 and some clarification you're seeking i think i have it we just want to make sure it's

1078
02:09:28,920 --> 02:09:34,280
 the members have intended that there is a 50 lumens restriction a maximum 50 lumens restriction

1079
02:09:34,280 --> 02:09:40,440
 on the brightness of the sign effective after so many effect uh after 90 days

1080
02:09:40,440 --> 02:09:48,120
 okay before the 90 days you're saying allow for i guess well i'm just i'm trying to be responsive

1081
02:09:48,120 --> 02:09:56,440
 to their concern that the word get out by passage by clearly in the initial days of the business

1082
02:09:59,400 --> 02:10:07,320
 um and can i make a modification a friendly amendment are you seeking

1083
02:10:07,320 --> 02:10:17,800
 a friendly amendment i'm seeking um with the emotion yes i don't know if this is uh

1084
02:10:17,800 --> 02:10:28,360
 to my motion but just more of a question actually i guess i know we're past discussion

1085
02:10:29,400 --> 02:10:44,200
 but if this is possible within those nine days to pay close attention to if there are any complaints

1086
02:10:44,200 --> 02:10:51,560
 from the neighbors during that time and the adjustments might be made thereafter

1087
02:10:56,440 --> 02:11:07,400
 um so it moved to allow the variance as requested for 90 days

1088
02:11:07,400 --> 02:11:15,400
 after which the lumens would be at 50 percent and in the 90 day period to

1089
02:11:21,000 --> 02:11:31,880
 pay attention to uh local residents complaints yes thank you for summarizing um

1090
02:11:31,880 --> 02:11:46,440
 probably the complaints would be mitigated by assuring the complainant that this situation

1091
02:11:46,440 --> 02:11:54,760
 will last for only 90 days is my guess but this is a little bit iffy so um

1092
02:11:54,760 --> 02:12:03,480
 mr rinwon do you have any thoughts about this legally no i think i have it so it's

1093
02:12:03,480 --> 02:12:11,160
 approving the request for 90 days and then after that the maximum lumens will be 50

1094
02:12:12,280 --> 02:12:19,160
 at night time is the applicant able to return to the zba if that somehow becomes insufficient for

1095
02:12:19,160 --> 02:12:28,680
 them they could they could ask for it's another special exception yes all right um applicant uh

1096
02:12:28,680 --> 02:12:34,680
 are you amenable yes we are thank you all right um we'll call the question we have a motion in a

1097
02:12:34,680 --> 02:12:44,680
 second um let me go around the room uh board member higgins okay we're we're not voting on the uh

1098
02:12:44,680 --> 02:12:50,280
 staff's recommendation that we're making our own okay we're making our own i vote in i vote in

1099
02:12:50,280 --> 02:12:57,400
 favor of the motion okay yes and just to remind everyone the motion is 90 days at request uh after

1100
02:12:57,400 --> 02:13:06,600
 that point 50 percent and um the height is 24 feet eight inches as well as 24 feet eight inches

1101
02:13:06,600 --> 02:13:17,960
 we're approving the variance in height and um staff and legal will draft the agreement correct

1102
02:13:17,960 --> 02:13:25,160
 we'll draft an order of the board yes thank you an order of the board and um all right then uh

1103
02:13:25,160 --> 02:13:33,320
 council member um excuse me a board member nijoku how do you vote i'm in favor i'm in favor of the

1104
02:13:33,320 --> 02:13:43,160
 motion thank you board member redwine i'm in favor board member meisner favor board member linus

1105
02:13:43,160 --> 02:13:49,160
 i'm in favor of the motion and i will vote in favor as well so it's a unanimous six zero

1106
02:13:51,960 --> 02:13:56,920
 thank you so much thank you for your patience and thank you for your willingness to to uh bend

1107
02:13:56,920 --> 02:14:05,080
 it makes a difference thank you thank you all appreciate it thank you merry christmas have a

1108
02:14:05,080 --> 02:14:12,760
 wonderful evening same to you and then there are a few just as the closing is i know it's getting

1109
02:14:12,760 --> 02:14:22,040
 late um we're all getting interrupted so we have here just uh after that um

1110
02:14:22,040 --> 02:14:27,960
 comments for the good of the order i believe uh something like this

1111
02:14:27,960 --> 02:14:34,440
 so many pages open here do we just have the concluding items which items yes

1112
02:14:34,440 --> 02:14:39,560
 are there any concluding items from staff or from the board

1113
02:14:43,320 --> 02:14:51,960
 um i will just i will just give one if no one else has i will um just note for any new members

1114
02:14:51,960 --> 02:14:59,400
 of the board that what we saw this evening was a really good example of how uh the kinds of

1115
02:14:59,400 --> 02:15:08,680
 situations that arise and when the um applicant comes ready with adjustment and prepared by staff

1116
02:15:09,800 --> 02:15:15,160
 they are much more likely to find some manner of success even if not 100 what they request

1117
02:15:15,160 --> 02:15:17,400
 thank you

1118
02:15:17,400 --> 02:15:25,400
 super important and with that i guess we will adjourn is there anything to prevent us from

1119
02:15:25,400 --> 02:15:30,600
 adjourning it's been a long day for everyone nope there's no other items okay everybody have

1120
02:15:30,600 --> 02:15:40,760
 a wonderful evening thank you so much thank you everyone