WEBVTT 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 00:00:06.920 --> 00:00:11.280 Determining that there is a forum and possibly 531 00:00:11.280 --> 00:00:14.760 I'll call the zoning board of adjustments 00:00:14.760 --> 00:00:18.520 December 19 2022 meeting to order 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 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 00:00:36.460 --> 00:00:39.760 visible with liberty and justice for all 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 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 00:01:05.440 --> 00:01:12.200 as acting chair for this meeting, so I will entertain a 00:01:12.200 --> 00:01:15.000 nomination or a volunteer to 00:01:15.000 --> 00:01:17.880 Be an acting chair for this evening 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 00:01:24.920 --> 00:01:26.920 And it won't be too hard 00:01:28.800 --> 00:01:30.800 Right 00:01:30.800 --> 00:01:36.400 Do we have yes, do we have a motion second a motion? Okay 00:01:36.400 --> 00:01:43.680 Ocean by Kate and 00:01:43.680 --> 00:01:46.280 Warren and 00:01:46.280 --> 00:01:50.600 Please raise your hand if you are in favor 00:01:55.400 --> 00:01:59.260 Nope, okay, so I'm gonna pass this script to you Michael. Thank you 00:01:59.260 --> 00:02:16.320 All right 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 00:02:25.400 --> 00:02:27.400 2022 00:02:27.400 --> 00:02:35.340 Did anybody have any comments or questions on the minutes they come out of those 00:02:35.340 --> 00:02:48.440 So Lauren motion Connor second 00:02:52.440 --> 00:02:56.760 We had the belt zone favor of the excepting the men 00:02:56.760 --> 00:03:06.640 All right, so motion carries 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 00:03:17.960 --> 00:03:21.000 2019 City of Denton Development Code section 00:03:21.720 --> 00:03:23.720 2.58 C 3 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 00:03:31.760 --> 00:03:34.520 monopole 00:03:34.520 --> 00:03:38.640 Communication tower of no more than 150 feet in height 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 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 00:03:58.560 --> 00:04:04.760 Beach we to - oh eight speed of light Sean Jacobson 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 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 00:04:21.360 --> 00:04:23.360 script there for you 00:04:23.360 --> 00:04:28.960 Okay, if you are appearing before the board as it provided under chapter 602 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? 00:04:37.860 --> 00:04:48.560 Martin based Martin architects and John Hall property owner and 00:04:49.920 --> 00:04:52.160 So, please raise your right hand to be sworn 00:04:52.160 --> 00:04:56.120 Under perjury under penalty important perjury 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? 00:05:01.920 --> 00:05:06.280 True and correct to the best of your knowledge ability. If so, please answer I do 00:05:06.280 --> 00:05:10.560 Thank you 00:05:16.000 --> 00:05:20.240 My name is Sean Davidson associate planner you presented the 22 - oh 00:05:20.240 --> 00:05:26.760 As the chair after described this is a variance request for a broadband communications tower 00:05:26.760 --> 00:05:30.280 The location is south of Barcelona Street 00:05:30.280 --> 00:05:33.320 535 zoning there is mixed use regional 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 00:05:39.760 --> 00:05:45.200 City Council has already approved a specific use permit for a tower of this height 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 00:05:50.000 --> 00:05:55.520 However, the site is also located in the airport height hazard district horizontal zone 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 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 00:06:13.600 --> 00:06:18.440 The variance can be approved if there is a letter the applicant has from the FAA 00:06:18.440 --> 00:06:24.980 Stating that the tower will not negatively impact air navigation activities and will provide will not 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 00:06:31.560 --> 00:06:35.500 their plans and determined that it presents no hazard to 00:06:35.500 --> 00:06:39.920 Air navigation so staff does recommend approval 00:06:40.600 --> 00:06:43.960 normally, you would know that you would have a number of 00:06:43.960 --> 00:06:48.360 Approval criteria that you have to consider which could include is this self-inflicted? 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 00:06:55.080 --> 00:06:57.080 So it makes it a much more ministerial 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 00:07:03.480 --> 00:07:06.480 They do provide the necessary letter 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 00:07:13.580 --> 00:07:18.360 So with that that is my presentation. I have to answer any questions you may have 00:07:18.360 --> 00:07:24.640 Questions or comments from 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 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 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 00:07:58.980 --> 00:08:02.440 In order to get the FAA letter. Yes, that was 00:08:02.440 --> 00:08:05.880 That was my only question 00:08:08.000 --> 00:08:12.660 Oh, okay. Well, does anybody have a motion? 00:08:12.660 --> 00:08:24.480 All right, I have a motion from as far and a second from the screen 00:08:24.480 --> 00:08:28.720 All in favor 00:08:35.280 --> 00:08:37.280 That's a carry six 00:08:37.280 --> 00:08:50.800 So, yeah, so yeah 00:08:50.800 --> 00:08:57.000 If there are any concluding items you can bring them up now otherwise 00:08:57.000 --> 00:09:00.240 Sure, we can adjourn 00:09:05.280 --> 00:09:07.280 If there is no 00:09:07.280 --> 00:09:14.600 Question I have is do we have a calendar yet? We do 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 00:09:21.380 --> 00:09:28.160 Monica making sure that we can send that 00:09:28.160 --> 00:09:31.680 Send it out to the whole board 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 00:09:40.280 --> 00:09:42.280 So they are not here today. So 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 00:09:47.680 --> 00:09:51.720 To be able to select a new chair in the new vice chair 00:09:51.720 --> 00:09:53.920 Since we try to do it every year 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 00:10:01.360 --> 00:10:04.200 January. So that is when we'll select our 00:10:04.200 --> 00:10:06.720 chair and vice chair 00:10:06.720 --> 00:10:08.880 Amber who was our chair I wasn't able to 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 00:10:15.760 --> 00:10:22.080 All right any other topics for discussion 00:10:22.080 --> 00:10:26.320 There's no other business I will 00:10:29.280 --> 00:10:31.280 Much