WEBVTT

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 Y'all ready?

00:00:04.440 --> 00:00:08.520
 Good evening, the time is

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 5.36. It is February 28th. My name is Amber Briegel. I'm the Chair of the

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 Design Board of Adjustments and I'd like to call this meeting to order as we do have a quorum present.

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 The first item of business is the pledge to both the U.S.

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 and the Texas flag. Who rises, you're able?

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 I pledge allegiance to the flag of the United States

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 of America and to the republic for which it stands,

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 one nation, under God, indivisible,

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 with liberty and justice for all.

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 Honored Texas flag, I pledge allegiance to the

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 Texas one state, under God, one

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 indivisible. Thank you.

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 The second item on our agenda are

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 we'll consider the approval of the June 7th, 2021

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 minutes. Do I have a motion?

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 So moved. Do I have a second? So moved.

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 Great. Is there any discussion on the minutes? Yes, sir.

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 Madam Chair, just to clarify, at the last

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 CBA meeting, you were asking about the second minutes from

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 the meeting that we had back to back. Right. This is

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 the January 7th. June 7th is the actual second minute. So just want to clarify

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 that's what you all considered. Right. I remember that. Thank you.

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 Is there any discussion about the minutes before we move for approval?

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 Okay. All those in favor, please raise your hand.

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 Any opposed? Any abstentions?

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 The minutes are passed. Thank you.

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 The second is consideration of the approval of the November 8th,

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 2021 minutes. We'll do the same thing. Is there a motion to approve?

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 I'll make a motion. Yes, go ahead. Thank you. Is there a second?

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 Second. Great. Any conversation,

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 discussion, questions about the minutes from November 8th?

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 Okay, now we can go ahead.

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 Those who move to approve, raise your hand.

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 Any opposed? Any abstentions?

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 The minutes passed. Thank you.

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 The third item, which is why we're all here tonight, is to consider a request

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 for a variance from the debt and development code section 3.2.4

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 R3S for residential regarding the minimum lot area

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 and minimum lot width.

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 And Lisa Payne is going to be presenting this.

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 Thank you. Go ahead, look up the floor.

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 Good evening. I'm Lisa Payne. I'm a principal

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 planner for the City of Denton.

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 Go ahead and open this up.

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 Okay, this is a variance request to allow

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 an existing tract of land that does not meet the minimum lot width or

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 lot area to be plotted.

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 The whole order applied for assistance with

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 structural repairs with the city's community development department

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 who then performed an inspection of the structure, which was

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 built in the 30s, and determined that the structure was

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 not safe and needed to be reconstructed, demoed and reconstructed.

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 In order to obtain a permit for construction,

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 this unplanned property needs to be plotted and

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 the property cannot be plotted without proposed variances

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 that we'll talk about tonight.

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 The current R3 zoning residential district

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 of the subject property was updated in 2019.

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 This current zoning has been around

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 for not nearly as long as the property has.

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 The R3 zoning requires a minimum lot area of 10,000 square feet

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 and a minimum lot width of 60 feet.

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 This property is only 5,000 square feet in area

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 and it's 50 feet wide.

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 Thus, the applicant would like a 5,000 square foot variance and a

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 10 foot variance for the width.

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 The demo plan and site plan shows that

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 the structure, the driveway and the walkway will be replaced

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 and all will meet city standards.

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 So, for the considerations, out of the

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 EDC 2.8.1.D,

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 I'll try to go through these quickly, just some considerations

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 when y'all are making your decision. Special circumstances

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 to the property

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 that do not apply generally to the other parcels in the district.

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 Strict application of the EDC would deprive the homeowner

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 of reasonable use of their property, since the structure is no longer

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 safe and the homeowner cannot obtain a permit to do

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 any repairs or reconstruction without the property

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 being flooded. Of course, it can't be flooded without the variances.

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 The surrounding properties are of similar size and

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 they're already developed, which makes the property downwards fixed.

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 The age of the property, the existing dimensions

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 and current zoning requirements create a special circumstances for this.

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 The second criteria,

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 the grantee of this variance is not detrimental to the area

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 around it. It's not detrimental because it allows for a new

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 habitable home that will contribute to the long-term

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 viability of the neighborhood and shows that the new design

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 will be consistent with the neighborhood and conform to the city standards.

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 The third criteria is that

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 variance granted is the minimum variance that will accomplish its purpose.

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 And it is, the applicant is just asking

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 that they receive a variance simply so that they can buy the property and receive a permit.

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 Next, the literal

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 enforcement of the EDC will create an unnecessary hardship

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 staff believes that it will

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 by not allowing the resident to reconstruct the structure for safety reasons.

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 It would also prevent this property from ever

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 redeveloping. Nothing else can be built

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 on it either because that lot doesn't meet

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 the zoning requirements so it wouldn't be able to get a permit.

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 The next criteria is

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 the grantee of the variance is not for financial

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 hardship, then this is not.

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 And then lastly, that the owner do not create

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 this. This property has been in this

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 shape as far as the size of it for nearly a century.

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 And so this is not something that was brought on by the property owner.

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 So we believe that this is met.

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 So that being said, the staff argument's recommendation of this

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 as it meets the criteria for approval in the EDC.

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 I'm available for questions. The applicant is already

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 also here. Bill, any questions?

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 I'm sure I have a question.

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 The house was built originally

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 in the 30s and I understand it's not livable. I don't have any

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 questions or any concerns about that. But

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 when it's knocked down, is anything

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 salvageable from the 1930s construction?

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 Is that a part of the variance? I can ask. We don't have to worry about that.

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 Either Elmer or Ford have to come up from the Community Development Department because they need to answer that.

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 Ron? Madam Chair, before we have Elmer come up,

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 I think we need to do the oath. Yeah, I was going to ask you about that.

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 Administer oath, but I don't have it.

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 One of you have the oath for me.

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 We'll get it for you. Thank you.

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 And do I need to swear in staff as well?

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 I think that would be a good idea. Conversation about that in the past.

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 I apologize. I should have mentioned earlier, but before we move on with

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 more discussion, probably guest to you. Agreed.

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 No, it's okay.

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 It says administer oath.

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 That's not it.

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 What we confident pays doesn't actually have the oath.

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 For those in the audience, because we're a semi-judicial

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 body, we have to swear you in, including city staff.

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 We just have to find the oath. Thanks for your patience.

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 We'll Google it.

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 I am not able to make it.

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 That's okay.

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 So, in the interest of time,

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 I think I'd like to swear in anyone who would like to speak on this item,

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 if you change your mind later and you're like, wait, I do want to speak, then I can swear you in later.

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 Sounds good.

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 Okay.

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 So, hold on one second. We've got to raise your right hand.

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 It's a whole thing that we've got to do.

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 Okay. So, we'll start with city staff. Can you please identify yourself by the record?

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 Lisa Payne. Alma Izzino.

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 Thank you.

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 Under penalty of perjury, do you swear or affirm that any testimony or information you provide

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 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?

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 Thank you. Okay. So, we can continue. Thank you for this.

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 No, it's okay. It's been a minute.

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 Okay.

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 So, to your question, and then you wanted to call, can you repeat your question?

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 It was something about what can be salvageable?

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 I understand that for the intentions

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 here, all we're voting on is to

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 either approve or not approve or ask for a variance

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 or everything. Because the house was built in the '30s, I was just curious

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 as to whether or not there's anything that's salvageable from that house.

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 It might be no.

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 Go ahead. Hi. I'm Alma Izzino. I'm with Community Development.

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 We always take a look at the house to see if it's salvageable.

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 If anything is salvageable. We also submit the house to the Texas State

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 Historical to see if it's eligible or they want us to

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 make repairs per their requirements. This house was not eligible.

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 And the only thing we're keeping,

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 there's this picture here. These two stone

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 pillars were there for some time. We are keeping those two

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 stone pillars. The house is not in condition. It's been

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 sited. There's really not a lot of the original anymore left.

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 So the only thing we're keeping are those two pillars that are right in front of the house.

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 I can pass this around if you want to. Thank you. Alma,

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 the house was resided in about 1990.

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 Gordon, you have to be up there.

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 Thank you.

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 This is Gordon Meredith with Community Development.

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 Yes, the house was resided in about 1990

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 and all architectural features, or at least most architectural

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 features were removed then. That's very typical of

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 the way a vinyl siding job does to a house.

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 Thank you.

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 I had a question more for staff.

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 I guess from a zoning perspective.

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 So, I mean, as I'm looking at the backup,

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 I mean, this lot is pretty much the same size as all the other

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 lots. Just, I'm going to plant the seed as we're looking at

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 the 2030 and the 2024 plans. I think we are

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 or went through a zoning revamp. I guess what I'm leading

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 up to is, is there a way that we could, for

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 existing neighborhoods like this, it just seems like it takes up an awful

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 lot of staff time and the property owner

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 to have to go through this lengthy process? Is there anything that we can do from a zoning perspective

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 to kind of expedite this and look at, like, this lot fits with all the other lots.

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 Does that question make sense?

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 Gordon, I have to throw you in.

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 Yeah, you might as well. Let's do it.

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 Can you raise your right hand? Your name for the record?

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 I don't have the exact words, but do you promise to tell the truth in what you're going to tell us?

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 I do. Okay, thanks. Go ahead.

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 What I can tell you is that, obviously, with the development code being updated,

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 there were some changes to the setbacks in

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 lot dimensional standards. There are a number of properties

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 that gained some advantages, but then

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 there were other properties that did not. And so, we're going to have

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 those properties that are considered legal, non-conforming,

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 but they were legal, right? So, those homes that were in place

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 and they were platted and they were built with permits and this and that,

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 nothing would affect them. They would continue as is and if they were to rebuild,

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 there were some requirements, but again, not going to be an issue.

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 It wouldn't require them coming to the CDA? Correct. The only reason why this property

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 is being brought forward to the CDA is that

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 and Alma worked very hard to establish the platting

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 of the property, but was not able to determine that

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 it was platted. So, why we're here is that we're going to

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 have to plot this property. But in order to plot the property, you have to need

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 the lot dimensions and the lot width. And so, that's

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 the reason why you're here. This is being brought to you all today.

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 But for the other neighborhood, in

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 typical circumstances, they would not likely need to come to the CDA

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 because they were either platted and legally, you know, developed

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 and so, again, no need for a better.

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 And to add on to what Ron said, if Canadian Community Development

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 had determined that there was only some repairs that were needed

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 and it was less than 50% of the value of the property, then

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 they would be able to go ahead and get a permit as is, but since

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 they are more than 50% of the property is, you know,

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 being demolished, then that takes away your illegal

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 non-conforming status. And so, now everything has to come up to code.

00:16:06.160 --> 00:16:10.160
 Right. Yeah. And I understand that. And I'm thinking about this neighborhood in general. There's going to be

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 other properties that fall under that. They are just going to have to be

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 raised in order to be rebuilt. I just want to make sure that there's a speedier

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 process for that applicant that we can move on to more quickly.

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 I have a question. Being that it's a somewhat

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 historic property in a historic neighborhood, we

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 saw in Pilot Point that sort of at the eleventh hour, there was discovery

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 as to what the property had been at one time, that it was

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 a rather important school and all that sort of thing. Have those kinds of investigations been made and satisfied

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 in your minds?

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 I'm going to go back to the experts on this.

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 Gordon there again.

00:16:56.160 --> 00:17:00.160
 To answer specifically the question of

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 prior use of this property,

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 we do not believe it was used for any other purpose other than residential

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 until approximately, well, since 1938,

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 I think, has been that home. Before that,

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 we had some, we looked at

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 some aerial views of the neighborhood and it was the only house on that block

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 in 1940. So it's believed that there was

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 nothing, there are no cultural artifacts

00:17:32.160 --> 00:17:36.160
 there at that site

00:17:36.160 --> 00:17:40.160
 besides the house. It's interesting because just to kind of give some context, this

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 house in Pilot Point was in a similar situation. It was

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 dilapidated. It was on the verge of being determined that it had to be destroyed

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 and then it was discovered that it had been an important school

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 that had been moved from one place to another. This probably is not

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 comparable. It's something to always think about.

00:18:00.160 --> 00:18:04.160
 We found no evidence that this was anything other

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 than a residence at any time. Do we know whose residence

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 it was in 1940? Yes, it was

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 in 1940. I did the

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 title work on that. I believe it

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 was in the Ransom family, which is a

00:18:24.160 --> 00:18:28.160
 related to the applicant, her

00:18:28.160 --> 00:18:32.160
 uncle's family. So it's been in one

00:18:32.160 --> 00:18:36.160
 family for 80 years. That is

00:18:36.160 --> 00:18:40.160
 very similar to the Battle Point scenario. They did not know that

00:18:40.160 --> 00:18:44.160
 it was at one time not a home. Well, I do want to point out that

00:18:44.160 --> 00:18:48.160
 the determination we received from the

00:18:48.160 --> 00:18:52.160
 Texas Historical Commission says that this

00:18:52.160 --> 00:18:56.160
 is a surface determination only. Should

00:18:56.160 --> 00:19:00.160
 subsurface cultural artifacts be uncovered,

00:19:00.160 --> 00:19:04.160
 we're supposed to stop and consult with

00:19:04.160 --> 00:19:08.160
 Texas Historical Commission. That's always

00:19:08.160 --> 00:19:12.160
 a subject of our determinations, condition

00:19:12.160 --> 00:19:16.160
 of our determinations from them.

00:19:16.160 --> 00:19:20.160
 Thank you. Are there other questions at this time?

00:19:20.160 --> 00:19:24.160
 You're good. Thank you.

00:19:24.160 --> 00:19:28.160
 So are you the applicant? Yes. Would you like to address

00:19:28.160 --> 00:19:32.160
 the board this evening? You're not required to. I just want to give you

00:19:32.160 --> 00:19:36.160
 that opportunity if you'd like to speak. No, she doesn't.

00:19:36.160 --> 00:19:40.160
 That is totally fine. Absolutely. No worries.

00:19:40.160 --> 00:19:44.160
 Okay. So I guess we make a

00:19:44.160 --> 00:19:48.160
 motion in a second if you'd like to continue conversation

00:19:48.160 --> 00:19:52.160
 on this. So do we have a motion from the board for

00:19:52.160 --> 00:19:56.160
 approval or denial or a motion with... Go ahead. I would move to approve.

00:19:56.160 --> 00:20:00.160
 I would move to approve this. You got a

00:20:00.160 --> 00:20:04.160
 second? Sure. Okay. Great. Is there any discussion on this

00:20:04.160 --> 00:20:08.160
 before we move for approval? Yes. Just that I think, apart from the historical

00:20:08.160 --> 00:20:12.160
 questions and concerns which have been addressed in that, if there's anything found,

00:20:12.160 --> 00:20:16.160
 there's a process to deal with it. This strikes me as the exactly

00:20:16.160 --> 00:20:20.160
 right use of the variance that the code is written for

00:20:20.160 --> 00:20:24.160
 in a situation like this. It should be used as a

00:20:24.160 --> 00:20:28.160
 model for the future of exactly when

00:20:28.160 --> 00:20:32.160
 the variances should be used. Yeah. I just want to make a comment.

00:20:32.160 --> 00:20:36.160
 I'm in full support of this. I mean, it's going to bring more value to the neighborhood.

00:20:36.160 --> 00:20:40.160
 It's going to provide sustainable housing for the applicant.

00:20:40.160 --> 00:20:44.160
 I'm glad that we're all

00:20:44.160 --> 00:20:48.160
 in agreement. It seems like we're all in agreement on this. And I'm glad the city staff

00:20:48.160 --> 00:20:52.160
 is working to make this easier for future applicants so that you don't have to go through this lengthy process.

00:20:52.160 --> 00:20:56.160
 Any other comments? Okay.

00:20:56.160 --> 00:21:00.160
 So the motion is to approve. All those in favor?

00:21:00.160 --> 00:21:04.160
 Any opposed?

00:21:04.160 --> 00:21:08.160
 Any abstentions? So the motion passes unanimously. Congratulations.

00:21:08.160 --> 00:21:12.160
 Thank you. I have a, Madam Chair, I have a quick question. Since we are

00:21:12.160 --> 00:21:16.160
 recorded but not video recorded, do we need a voice affirmation vote?

00:21:16.160 --> 00:21:20.160
 Where we're heard to say aye or any of that?

00:21:20.160 --> 00:21:24.160
 I would recommend that if we just go around the table really quickly and just

00:21:24.160 --> 00:21:28.160
 [ inaudible ]

00:21:28.160 --> 00:21:32.160
 I did say that it was approved unanimously.

00:21:32.160 --> 00:21:36.160
 Does that count? And the microphones are up here.

00:21:36.160 --> 00:21:40.160
 Would you like us to say? I just heard that we are

00:21:40.160 --> 00:21:44.160
 being videoed, so we're good.

00:21:44.160 --> 00:21:48.160
 Are there any other concluding items before we wrap up

00:21:48.160 --> 00:21:52.160
 for this evening? I just want to remind everyone that tomorrow

00:21:52.160 --> 00:21:56.160
 is primary day, so you can go vote right over here

00:21:56.160 --> 00:22:00.160
 at City Hall. Or Civic Center is what I meant to say.

00:22:00.160 --> 00:22:04.160
 That's the only thing I had to say. Alright, with that we will...

00:22:04.160 --> 00:22:08.160
 Yes, sir. Sorry, I know you want to close out here. As far as

00:22:08.160 --> 00:22:12.160
 concluding items, I know that we don't meet often, and obviously this is one that we needed

00:22:12.160 --> 00:22:16.160
 to meet. We really appreciate your flexibility in

00:22:16.160 --> 00:22:20.160
 meeting. Meeting quorum is something that we need to make sure we do.

00:22:20.160 --> 00:22:24.160
 We are planning, hopefully, another meeting soon.

00:22:24.160 --> 00:22:28.160
 We don't have any items, at least a variance, in your

00:22:28.160 --> 00:22:32.160
 teacher. However, most likely when we meet again, it will probably

00:22:32.160 --> 00:22:36.160
 be another training opportunity. And maybe if the

00:22:36.160 --> 00:22:40.160
 DIN 2040 plan gets approved, we can present you all on

00:22:40.160 --> 00:22:44.160
 what's included and what's next as far as implementation of that plan.

00:22:44.160 --> 00:22:48.160
 I think that would be great. Thank you.

00:22:48.160 --> 00:22:52.160
 With that, I'd like to adjourn the meeting. The time is now

00:22:52.160 --> 00:22:56.160
 559, and thank you for your participation.

00:22:56.160 --> 00:23:00.160
 Thank you. Have a good night.

