1 00:00:00,000 --> 00:00:06,920 All right, well, why don't we go ahead and get started. We do have a forum. So I'll go ahead and start the meeting 2 00:00:06,920 --> 00:00:11,280 Determining that there is a forum and possibly 531 3 00:00:11,280 --> 00:00:14,760 I'll call the zoning board of adjustments 4 00:00:14,760 --> 00:00:18,520 December 19 2022 meeting to order 5 00:00:18,520 --> 00:00:24,120 Again, it's 531 the first order of business if you're able I'll please stand 6 00:00:30,000 --> 00:00:36,460 The United States of America and to the Republic for which it stands one nation under God 7 00:00:36,460 --> 00:00:39,760 visible with liberty and justice for all 8 00:00:39,760 --> 00:00:57,840 Thank you everyone as you probably can see we do not have our chair or vice chair 9 00:00:57,840 --> 00:01:05,440 So the first or second item on our agenda is to consider an appointment of a member of the zoning board of adjustment 10 00:01:05,440 --> 00:01:12,200 as acting chair for this meeting, so I will entertain a 11 00:01:12,200 --> 00:01:15,000 nomination or a volunteer to 12 00:01:15,000 --> 00:01:17,880 Be an acting chair for this evening 13 00:01:17,880 --> 00:01:24,920 And as a word from your resident parliamentary and we'll make it as easy as we can for whoever wants to do it 14 00:01:24,920 --> 00:01:26,920 And it won't be too hard 15 00:01:28,800 --> 00:01:30,800 Right 16 00:01:30,800 --> 00:01:36,400 Do we have yes, do we have a motion second a motion? Okay 17 00:01:36,400 --> 00:01:43,680 Ocean by Kate and 18 00:01:43,680 --> 00:01:46,280 Warren and 19 00:01:46,280 --> 00:01:50,600 Please raise your hand if you are in favor 20 00:01:55,400 --> 00:01:59,260 Nope, okay, so I'm gonna pass this script to you Michael. Thank you 21 00:01:59,260 --> 00:02:16,320 All right 22 00:02:16,320 --> 00:02:22,280 I do too. I don't know to be on our agenda is to consider approval of the zoning board of adjustments 23 00:02:25,400 --> 00:02:27,400 2022 24 00:02:27,400 --> 00:02:35,340 Did anybody have any comments or questions on the minutes they come out of those 25 00:02:35,340 --> 00:02:48,440 So Lauren motion Connor second 26 00:02:52,440 --> 00:02:56,760 We had the belt zone favor of the excepting the men 27 00:02:56,760 --> 00:03:06,640 All right, so motion carries 28 00:03:06,640 --> 00:03:17,960 Okay item number 2c on our agenda is to consider a zoning variance plus by Martin on behalf of the property from the 29 00:03:17,960 --> 00:03:21,000 2019 City of Denton Development Code section 30 00:03:21,720 --> 00:03:23,720 2.58 C 3 31 00:03:23,720 --> 00:03:31,760 Regarding the permanent height of a structure within the horizontal zone of the airport height hazard district. The variance request is to permit a 32 00:03:31,760 --> 00:03:34,520 monopole 33 00:03:34,520 --> 00:03:38,640 Communication tower of no more than 150 feet in height 34 00:03:38,640 --> 00:03:50,560 Within the horizontal zone by no more than 61 feet on a 4.37 acre lot generally located south of Barcelona Street 35 00:03:51,360 --> 00:03:58,560 Approximately 300 feet west of the intersection of Barcelona Street and Mesa Drive in the city of Denton, Denton County, Texas 36 00:03:58,560 --> 00:04:04,760 Beach we to - oh eight speed of light Sean Jacobson 37 00:04:04,760 --> 00:04:14,040 Real quick for before we start we do have to administer the oath for this item. So 38 00:04:14,040 --> 00:04:20,800 if you're going to be speaking or going to be answering any questions if you can and there's there's a 39 00:04:21,360 --> 00:04:23,360 script there for you 40 00:04:23,360 --> 00:04:28,960 Okay, if you are appearing before the board as it provided under chapter 602 41 00:04:28,960 --> 00:04:37,860 0025 of Texas Governmental Code code all testimony of swore. Could you please identify yourself for the record? 42 00:04:37,860 --> 00:04:48,560 Martin based Martin architects and John Hall property owner and 43 00:04:49,920 --> 00:04:52,160 So, please raise your right hand to be sworn 44 00:04:52,160 --> 00:04:56,120 Under perjury under penalty important perjury 45 00:04:56,120 --> 00:05:01,920 Do you swear to affirm that any testimony or information you provide or any statement you make before this board is complete? 46 00:05:01,920 --> 00:05:06,280 True and correct to the best of your knowledge ability. If so, please answer I do 47 00:05:06,280 --> 00:05:10,560 Thank you 48 00:05:16,000 --> 00:05:20,240 My name is Sean Davidson associate planner you presented the 22 - oh 49 00:05:20,240 --> 00:05:26,760 As the chair after described this is a variance request for a broadband communications tower 50 00:05:26,760 --> 00:05:30,280 The location is south of Barcelona Street 51 00:05:30,280 --> 00:05:33,320 535 zoning there is mixed use regional 52 00:05:33,320 --> 00:05:39,760 Broadband towers over 85 feet are permitted in the mixed use regional zoning district with a specific use permit 53 00:05:39,760 --> 00:05:45,200 City Council has already approved a specific use permit for a tower of this height 54 00:05:45,400 --> 00:05:50,000 So they've considered all the land use considerations and have determined that they can approve that 55 00:05:50,000 --> 00:05:55,520 However, the site is also located in the airport height hazard district horizontal zone 56 00:05:55,520 --> 00:06:02,400 Which limits structure height to 810 feet above mean sea level and less of variance is approved 57 00:06:02,400 --> 00:06:13,120 So the variance would permit the tower to exceed the airport height hazard district horizontal zone limit by no more than 61 feet 58 00:06:13,600 --> 00:06:18,440 The variance can be approved if there is a letter the applicant has from the FAA 59 00:06:18,440 --> 00:06:24,980 Stating that the tower will not negatively impact air navigation activities and will provide will not 60 00:06:24,980 --> 00:06:31,560 Disrupt safe efficient use of the navigable airspace. The applicant does have that letter the FAA has reviewed 61 00:06:31,560 --> 00:06:35,500 their plans and determined that it presents no hazard to 62 00:06:35,500 --> 00:06:39,920 Air navigation so staff does recommend approval 63 00:06:40,600 --> 00:06:43,960 normally, you would know that you would have a number of 64 00:06:43,960 --> 00:06:48,360 Approval criteria that you have to consider which could include is this self-inflicted? 65 00:06:48,360 --> 00:06:55,080 What is the reasoning in this case? There is actually for this type of variance only one approval criteria 66 00:06:55,080 --> 00:06:57,080 So it makes it a much more ministerial 67 00:06:57,080 --> 00:07:03,480 Decision the criteria is do you have the letter from the FAA and the answer is yes. So here's our criteria 68 00:07:03,480 --> 00:07:06,480 They do provide the necessary letter 69 00:07:07,280 --> 00:07:13,580 And so staff is recommending approval the variance given that the approval criteria has been met by the applicant 70 00:07:13,580 --> 00:07:18,360 So with that that is my presentation. I have to answer any questions you may have 71 00:07:18,360 --> 00:07:24,640 Questions or comments from 72 00:07:24,640 --> 00:07:34,200 Seems like a fairly straightforward sort of review and they have the FAA letter. That's good 73 00:07:37,280 --> 00:07:47,960 Any other discussion or comments or questions anybody we have the applicants here so we can ask them questions 74 00:07:47,960 --> 00:07:58,980 Just in the back up material it said on December 6th City Council said it has been approved with conditions with the condition 75 00:07:58,980 --> 00:08:02,440 In order to get the FAA letter. Yes, that was 76 00:08:02,440 --> 00:08:05,880 That was my only question 77 00:08:08,000 --> 00:08:12,660 Oh, okay. Well, does anybody have a motion? 78 00:08:12,660 --> 00:08:24,480 All right, I have a motion from as far and a second from the screen 79 00:08:24,480 --> 00:08:28,720 All in favor 80 00:08:35,280 --> 00:08:37,280 That's a carry six 81 00:08:37,280 --> 00:08:50,800 So, yeah, so yeah 82 00:08:50,800 --> 00:08:57,000 If there are any concluding items you can bring them up now otherwise 83 00:08:57,000 --> 00:09:00,240 Sure, we can adjourn 84 00:09:05,280 --> 00:09:07,280 If there is no 85 00:09:07,280 --> 00:09:14,600 Question I have is do we have a calendar yet? We do 86 00:09:14,600 --> 00:09:21,380 We did prove that last time we met and we'll send that out. We haven't already so 87 00:09:21,380 --> 00:09:28,160 Monica making sure that we can send that 88 00:09:28,160 --> 00:09:31,680 Send it out to the whole board 89 00:09:33,800 --> 00:09:40,280 One more just question logistics fun are we do we need a permanent chair or we have one they're just not here 90 00:09:40,280 --> 00:09:42,280 So they are not here today. So 91 00:09:42,280 --> 00:09:47,680 Jennifer's not was unable to attend. We're hoping that in January we'll open it up for 92 00:09:47,680 --> 00:09:51,720 To be able to select a new chair in the new vice chair 93 00:09:51,720 --> 00:09:53,920 Since we try to do it every year 94 00:09:53,920 --> 00:10:01,360 I know initially it was August but I think that the city secretary is looking at it for every board and commission to be in 95 00:10:01,360 --> 00:10:04,200 January. So that is when we'll select our 96 00:10:04,200 --> 00:10:06,720 chair and vice chair 97 00:10:06,720 --> 00:10:08,880 Amber who was our chair I wasn't able to 98 00:10:08,880 --> 00:10:15,760 Continue therefore. That's why we're sort of in this transition. So January hopefully will have a chair and again a vice chair 99 00:10:15,760 --> 00:10:22,080 All right any other topics for discussion 100 00:10:22,080 --> 00:10:26,320 There's no other business I will 101 00:10:29,280 --> 00:10:31,280 Much