City Council - Regular Meeting

Heat. Heat. Heat. Heat. Heat. Hey, Heat.

Heat. Heat. Heat. Heat. Heat. Heat. Heat up here. Heat. Heat.

Heat. Heat. Heat. Heat. Heat. Heat.

Hey. Hey, hey, Hey. Hey, hey, hey.

Oh, hey. Oh. Heat. Heat.

Hey, hey, hey. Heat. Heat. Heat. Heat. Heat. Heat.

of heat. Heat. Heat. Well, good evening everyone. If we could get everybody to come in and sit down a little bit. Uh we got to give a little bit of notice for them to get the uh cameras rolling. So, if I could get everybody just to come in, we'll start the meeting here in a couple minutes.

Can I get your signature on this? Heat. Heat. for the city secretary. Chennet. Good evening, ladies and gentlemen, and welcome to our regular meeting of the Irving City Council for March 26th, 2026. It's a pleasure to have each and every one of you with us. Uh Chenné, the first item is organizational service announcement. We

No, sir, we don't have any. Thank you so much. If you'd please stand. The invocation this evening is going to be given by Pastor Greg Bechum of the Christ Church Irving. How are you, sir? Good evening. Thank you. Let's pray. God, thank you for these who lead our city and all those who serve our city that make this a great place to live and to work and to serve. I pray that you'll be with them tonight and in all that they do. Thank you for good men and women who serve us in Jesus name. Amen. Amen. Please remain standing. Mayor Pro Tim Black will lead us in the pledges.

Place your hand over your heart and recite the pledges with me. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Honor the Texas flag. I pledge allegiance to thee, Texas, one state under God, one and indivisible.

Okay. Thank you, John. I I believe we have a couple proclamations, Julia, so I'll join you right down in front. Okay, the first one is for the property and evidence professional appreciation week. Do we have Oh, there she is. Good. Well, why don't you all join me up here? We have an amazing dedicated group of individuals that are responsible for the evidence that is so important in all the cases that we have here within the city. And behind me you see the those individuals and who really do an amazing job. How are you today?

I'm well sir. You sir?

Good. Just want to make sure they don't have anything on me. So we have a proclamation. It whereas the dil diligence and meticulous work of the property and evidence professionals is crucial to the integrity of law enforcement and the justice system. And whereas these dedicated individuals manage manage, preserve, and secure crucial evidence and property, ensuring that justice is served with accuracy and accountability. And whereas property and evidence professionals uphold the highest standards of ethics, confidentiality, and meticulously often working behind the scenes without public recognition. And whereas the experts express and commitment the excuse me their experience and commitment are vital to the resolving of criminal cases, the return of personal property to rightful owners and the overall trust and efficiency of the law enforcement agencies. And whereas the city of Irving recognizes and honors the essential contributions of property and evidence professionals who demonstrate unwavering dedication and professionalism to this role. Now, I Rick Stoer, mayor of the city of Irving and the Irving City Council, do hereby proclaim the March 30th through April 5th Property and Evidence Professional Appreciation Week in Irving, Texas, and encourage our community to pay tribute to the property and evidence professionals of the Irving Police Department for the vital public services they provide. Congratulations. Thank you. Thank you, Mayor Councel Katie Roberts. I'm the business services manager for the police department. I have the honor, relatively new honor of being the supervisor over the property and

evidence unit. They're fantastic. Angie Wallally is the manager over this group. um they have the distinct responsibility to take care of both external customers, the residents of the city, and internal customers, our officers and professional staff, and they do an outstanding job with both groups. Thank you. Thank you. I don't know how to get this picture right.

Thank you. Thank you. We have so many professional people that work within our city that behind the scenes that we don't always realize how fortunate we are to have the quality of people. Next, I have a recognition of the 19th annual celebration Irving the city and the man. And I have some great people with me if they would please come forward. These individuals have spent a tremendous amount of time making sure that uh we remember things and that we these ladies keep me in track a lot of times on what's going on. So

thank you.

We like to have fun too. You got to have fun in this job. So I have a proclamation that reads, "Whereas Washington Irving, short story writer, essaist, biographer, historian, and diplomatic masterful diplomat, masterfully created the various works such as tale of of Alhamra, the legend of Sleepy Hollow, Rip Van Winkle from the sketchbook, and the tour on the prairies. And whereas Washington Irving mentioned American authors such as Nathaniel Hawthorne, Henry Watssworth Longfellow, Herman Melville and Edgar Allen Pole and was admired by British writers including Lord Byron Thomas Campbell, Charles Dickens, Mary Shelby and Walter Scott. And whereas Irving is honoring honored to share the name of Irving with a prolific writer and diplomat to Spain and England and celebrate his life and literacy works to commemorate to commemorate his 243rd birthday and on April 14th 1914 incorporating incorporation of Irving, Texas. And whereas I I celebrate Irving Family Game Night on October on April 10th, 2026, the Irving Trivia Contra contest on April 18th, 2026, and other events co-sponsored by the Irving Heritage Society, the Irving Public Library, the Irving Independent School District, Lively Point Youth Center, Irving Black Arts Council, and the City of Irving. Now therefore, I, Rick Stoer, mayor of the city of Irving and the Irving City Council, to hereby proclaim April 2026 as the 19th annual celebration of Irving, the city, and the man. Congratulations, ladies, for all you do.

Well, thank you very much, Mayor, and the council. You know, when we held this for the 225th birthday of Washington Irving, we thought it was a one-time event, but we had such a good time. We learned so much, and here we are 19 years later. So, we want to invite the community to come because our events are very much a family affair. They are free. You do not have to make advanced reservations except if you want to form a trivia team. We do need to know that ahead of time so we can do the pairings and such. The flyers are hot off the press. You will find them very quickly at the library and the rec centers. But the three main things are the game night on April 10th at 6 pm at Lively, the movie night on the uh 16th on a Thursday night at 5:00 p. a.m. at the South Library and then the Irving trivia on the 18th at 9:00 at the Jack Huffman building. Throughout the month of April, you can also do the geocaching. So, that's a month-long thing and that is really fun for adults as children. So, check us out if you need more information. 9722523838. Thank you very much. She knows.

Well, if you really want to learn a lot about Irving. When they put the teams together that go head-to-head with the asking of questions about Irving, these individuals have dug in and dug deep into the history of Irving, both modern-day events that are going on with the city as well as things that have been going on for the last 2 20ome years. So, uh, it's really an interesting opportunity if you get the chance to go watch these teams go compete and they they they are competitive, extremely competitive. In fact, I think David, your mom's always in the one of the most competitive teams. So, uh, Chris, do we have any, uh, organizational or excuse me, city updates?

Yes, we do have one operational update. We have our public works year in review and Trevor Crane, our CIP director, will be providing that. Good evening, Trevor.

Thank you, mayor, council, fellow uh staff and Irving residents. My name is Trevor Crane. I'm the director of the CI capital improvement program uh department here, city of Irving. And tonight I have the privilege of uh presenting our public works year in review. So really wanted to start off um trying to get our bearings on on all the projects that our public works teams um do throughout the year. This is a quick uh visual map. Um these are our roadway projects that we completed over the last year. And then this is just the same information in a table form. As you can see lots of lots of roadways, lots of projects. Um you can see all the projects in the different phases. roadway um starting construction design and then all of the different districts where these projects are taking place. Next up, these are our water wastewater projects. Um these are the projects the CIP team delivers for our water utilities group. And again, the same um information just in a table form all the projects that are completed, wrapping up and starting construction in this in this year. This map represents all of our municipal drainage utility projects. So this is our um these are all the projects that are that we deliver for our drainage group. And again, just the same information that shows you all the district all the different districts that we're completing work in. These are all of the vertical projects that we've worked in over the last year. A lot of dots on this one. So, um, we have a lot of projects that we've completed throughout the year and a lot more that we're starting construction on this year. Um, this this table actually goes two pages. So, a lot of work that we're working on as a CIP group and this is just a map of all of it

together. So, we are doing projects all over the city. um whether it be vertical roadways, water utilities, drainage, um we've we are really u attacking all different types of infrastructure across the city. And here's the great slide. So this one totals up all of the dollars that we've spent uh that we've uh spent on projects over the last year. So that first line is our in design or ready to build bid projects. So, these are projects that are either being designed right now or about to go out and start construction. About $54 million on our vertical side and another $180 million on our horizontal side. So, just a quick reference, when I talk about vertical projects, I'm talking about libraries, fire stations, buildings, those types of things. Talk about horizontal, I'm talking about roadways, bridges, water lines, um those types of things. completed construction, $24 million worth of construction projects on the vertical side this year, this past year, and another one another $81 million in projects completed on the horizontal side. And then a big number coming up will these are projects that we're going to complete this in the upcoming year. Almost $100 million worth of vertical projects and another almost $20 million on the horizontal side. So, moving on to our partners over in traffic and transportation. Um, we really wanted to highlight all of the federal grants that they've uh obtained over the last couple of years from our partners with NCT Cog and federal grants. We worked with them on 13 projects for a total of over $52 million. four projects with Dallas County for a little over $9 million, which is a gross total of over $61 million in grants.

Talking a little bit about the summer overlay program, which is a part of the Road to the Future project. Um $43 million to date has been dedicated to that overlay program. That equates to 190 road segments that have been overlaid, 97 centerline miles, almost 300 roads treated with pavement restoration, which equates to 90 centerline miles. Over a thousand concrete panels replaced, and then all the pavement markings and crosswalks that go with them. This is just a visual of that overlay program. So that's year 1, year two, year three, year four, year five, year six, and year seven. And this was just a u the same data uh representing the table format. um really trying to attack they they've done a great job of attacking all the different types of roadways that we have here in the city and really spreading those out across the different types and the different uh districts. Moving on to our uh partners over in the water and wastewater systems. Um they are currently investing over $50 million per year which equates to about $285 million over the last 5 years. Um, this is for things like pipe replacements, pump stations, uh, our tanks, water supply system, and metering infrastructure. They've also created an in-house installation crew, um, that is working on increasing production year-over-year. Um, last year they replaced six water manes and then their large meter crew replaced 25 meter sets. These are all of the water utilities facility projects that they're currently working on. So these are contracted

project projects that are in progress over $116 million worth of projects. And this is just a map showing where all those projects are at. So again, we really wanted to take a opportunity to to uh bring this to council, show youall all of the great work that we've done over the last year uh and past years and what we're planning on doing in the upcoming years with your support. Um we're really, you know, really happy with the support and that we've received from council and um plan to keep knocking out projects as long as y'all give them to us. Thank you.

Great job. Uh, one of the things I promised the residents when I was elected nine years ago that we were going to tackle infrastructure and I've been very blessed to have several council different councils over these last nine years, but we've all come together and realized how important it was to continue to build on our infrastructure because at the end of the day, it's like the foundation of your home. And if people are going to continue to invest in our community, if people are going to continue to reinvest in their real estate, they need to know that they have a a very good proper uh foundation to build on. So you can see that where we are spending hundreds of millions of dollars on waterways, on roads, on on these types of different things. And so I just wanted to publicly thank the councils and the management of the city who would have been able to accomplish these things and for them working with me to achieve this goal that we could we could have a better foundation for for everyone to build on. So thank you all very much from from me to you for making this a priority. Uh, I know that, you know, each mayor gets the opportunity to take things that they want to address and this was what I wanted to do and and I appreciate everybody giving me the opportunity to be part of it. Dennis,

uh, yeah, I just got a question maybe either for you, Trevor, or Chris. Of all of the money that has been spent on all these projects, how much of it has been cash versus bonds?

Ballpark. I mean, I know you or let me put it like this. How much is cash? How about that? On your water and sewer side, we are averaging about 45 to 50% of all of our capital projects each year on water and sewer are paid in cash. So, we are not borrowing the dollars. On the general fund side, that's going to be a little bit lower. We don't have the ability to set our uh rates like we do on water and sewer. So, we're probably I'd say on average about 25 to 30% in cash on all of our capital projects on the general fund side.

Okay. Thank you. And and I want the uh citizens to understand that, you know, a lot of these projects and and this is I think just kind of a scope of a few years. Uh they're they're cashed out. We're paying cash for these. And so, uh just kind of want to get that out there. Okay. Thank you'all. That brings us to our consent agenda, which is items 2 through 28. Uh, do we have anyone that would like to speak on one of the on any of the items, Chennai? Yes.

Yes, Mayor, we do. We have Mr. uh, Nefali Bautista that wishes to speak on item number five. Hello. Um, I live on 25505 OC FA Hickens Street, Dallas, Texas. And um I'm here supporting this resolution and I urge the council to take advantage of the incentives of converting the some of DART's property into affordable housing and start building the infrastructure needed for uh developers to move in. From my experience, I've been riding darts since elementary school in writing it with my uh grandma and mother. Uh, I then started riding dart on my own in middle school when I was like 11 because I didn't have a school bus from Portland Street to Sam Houston Middle School. So, I know from experience that, you know, the status quo with DART is um it's not very good. It would take me about 30 to 45 minutes to walk from home to Sam Houston. It would take about that same amount of time to ride Dart, but I would still ride it because it was better than nothing. And sometimes it would be too hot or raining or I didn't want to carry my trombone while walking home. Uh unfortunately that route at Northgate got cut and um just like they did with these recent two routes. But unfortunately I don't think there was people speaking up at the time. So I just had to walk 30 minutes to the nearest bus stop. And um what I would like to emphasize is that a lot of the people who ride the bus just like I did were low-income people in these apartments. And on one side of that

route on North Gate was a bunch of apartments, but the other side um it was like mostly suburbs. And so you would have more people taking one side of the routes, but they wouldn't take the other side. Um and um where was I going with this? that um when it comes to transportation at the same time planning and zoning is equally important especially when you're trying to figure out these routes cuz you can't do routes through suburbs because there isn't enough demand and so I think this incentive in this resolution of one minute left

the dis incentive in this reol resolution to convert some of DAR's property especially the parking lots that aren't very utilized I mean there parking spots for train stations or bus stops I the bus stations um aren't really used that much. And I think whatever space or um or property that Dart is willing to give to convert, I think setting up the infrastructure so that developers can move in there is very important, especially because density is very important in terms of determining these routes so that more people can ride. Um, it's not surprising to me that 1% of people in Irving ride Dart because from my experience, you only ride Dart if you have to. And you're always thinking about getting a car because it's just impossible to live and work in the city without a vehicle. Thank you.

Thank you, Chenet. Do we have anyone else? No, sir. Okay. We have items 2 through 28. Uh item 28 has been asked to be postponed. Uh so can we I get a motion to that effect. Motion to approve. We have a motion to second. Would you please vote? And it passes unanimously. That brings brings us to our zoning cases uh item 29 and 30. At this time, if we have anyone wishing to speak for or against any of our zoning cases, you would please stand and be sworn in by our city secretary, Chené Jennings.

Please stand and raise your right hand. Do you solemnly swear or affirm that all statements which you will make tonight to the city council of the city of Irving will be the truth and nothing but the truth? Thank you. You may be seated.

Okay. Okay. Our verse our first zoning case is ordinance 2025-458 ZC considering a zoning change from RZL single family residential ZL to SP2 RZLA generalized site plan single family residential ZLA with a variance to the required rear and side yard setbacks at 1510 Whispering Trail. Is the applicant with us this evening? Good evening.

Good evening. Um, uh, my father doesn't speak English, so I'm sure No, thank you very much for being here. Just give your name and address and we can, uh, my name is Esmeralda Sanchez. Address is 1510 Whispering Trail, Irving, Texas, 750. Are there any questions of the applicant? Dennis, you had some. Yeah, I I got some questions. So, um, we've got two patio covers here. We got one on the back, one on the side. Yes, sir. Okay. I have no problem with the one on the back. I got a big problem with one on the side. Okay.

Um, and of course, uh, and even though you've agreed to cut it back 5T, um, when we looked at the pictures of it, to me, it's just basically being used to store stuff. Yeah, we um whenever uh they went to go take the pictures, we were cleaning out the garage. Um so we had left everything back there, but nothing is there anymore. Um so when they came over, everything was all over the place. So they took the photos. Are are you using that storage? What are you using that area under the carport? I mean under the on the side for

um Okay. So I have two children. Um 10 and two. Uh my youngest, she's a toddler. Um we do have a lot of um issues uh in our street because people are constantly driving pretty fast. Um and my dad, as you can see, he's paralyzed from the waist down. He can't get up. Um so he does use uh he wanted to go ahead and do the carport, you know, for like um like little cookouts that we have um you know, for the family. And also uh he kind of he doesn't he's not he doesn't have any he's not how can I say uh he's undocumented. Um so you know he doesn't get like a check or anything like that. Um so we do use that also for him to like you know play outside with my my children or sometimes he goes ahead and does like little um activities and stuff for him to to keep him from falling into depression as well. So, so, so you're talking about the side uh cover or the back patio cover? Which one we talking here?

We're talking about Well, like the whole thing he kind of just cuz it's a pretty it is a pretty small space, right? Um, so he does use like the kids go out in the back or they, you know, they play around in the front. Um, also it's not completely covered. I don't know if they have any photos of that. Yeah, we saw some photos of it today. The problem I'm having with it is when I saw it today, it like it was just a place where you're storing a lot of stuff when you still also have one in the back that you could use

uh too. Uh the other thing that concerned me is that it's a zero lot line house and so that um cover goes already up to the next house. Um, and so with that cover there, and chief, could you come down and because it it it concerns me that even if you cut it back five foot, uh, it creates a problem for access for even the fire department if they had, uh, to, uh, get to the back or do something on from the side, even with the 5- foot uh, patio. So, Chief, if you could address that for me. Sorry.

Yeah. Victor Connley, fire chief. Uh, that's accurate, Councilman Web. You pretty much stated it factual based. It's difficult to set ladders in between the houses, much less access the roof line between the two houses with that awning above it. So, pretty pretty much eliminates any access for us to attack any fire or rescue from that side of the house.

Okay. Yeah. And so, with that, you know, being said, I can support the one that you have for the back, but I can't support having the one on the side. Even cutting it down 5 ft. I I still can't support having it there. Um because that's again that's the only uh access they would have uh to that building if they had to do firefighting or whatever from that side.

I have a question for Chief Connelly. Chief Connley, were you talking about the it just being 5T or any awning at all? Well, between the two houses, stretching our hose lines up between there with the storage and the awning and the distance you got the fence and other house right on the zero lot line. It would just be a matter of having to get out there and and use our equipment and set everything up, see what would work or what would not work. But you're setting precedents on whatever you do, setting a precedent. So, having even a 5ft awning would set a precedent for the these zeroed out lines that would present difficulty for the fire. It

it could I'm not out on the property, so I don't know exactly what all is in the way. the fence or the extra house or whatever. I'm just saying that if you allow this to be cut back five feet is what what size ladder how far is it to the roof line? Are we going to have to walk on top of the awning to get to the roof line and get access to the top of the house? So, there's a lot of variables to take into consideration on this particular question. And is it the same issue for the backside of the house as well for the houses going to the backyard? Not as bad on the backside. We can set a arrow on the back side and reach over the top of the awning. We can't do it on the side of the house if need be.

Is is there is there are there standards for zero lot lines for what the fire departments would approve? We usually do not let we usually speak against anything closer than 10 10t apart. I don't know when this went through, when it was zoned, when it was taken care of, but nowadays when we talk about houses close together, we want at least 10 ft between them so we can get access to the roof or rescue or whatever we need to do. So So when the 10 feet that would also include like um covered patios, yeah, you you want that you want 10 full feet of clearance in between the structures.

All right. Thank you. Chief, you'd probably need the five foot on each side because if whichever house is on fire, you need enough space to get the ladders. You can't just have one. Correct. Of course, if you put a fence in the middle, we've cut it down to five. So, we'll knock the fence down, do what we need to do. I'm just saying it can't be done. It just causes challenges and delays anything that we do. We We have a We have our ways of getting into things that we need to get into and accessing what we need to access, but it's going to delay it. And I think that's the premise of the question is trying to get access and Sure. and provide those resources. Thank you. Yes, sir. David.

Yeah. Thank you, mayor. I agree with Dennis that the sides a big problem for us. You know, these are zero lot line homes. These aren't there's no lawn. You know, it's the the house starts right there. And uh just like the chief said, the back I really don't have a problem with, but the the side because you you have a big uh wooded area behind the house anyway. So, so that's uh one of one of the big problems is just that side, especially with the house next door. So, the side one, it'd be the long one, right? The very very long one where the gates at. Right. Right. Okay. Okay. Al,

thank you, Mayor Justin. Can you join us down here? Yes, sir. Okay. I noticed that if I'm not mistaken, it passed uh what was it? 62. Yes.

So, six were saying yes. in the discussion it looks like and I think with both David and uh and um I think some of the discussion that's going on uh with Dennis as well because I think he's got a good a point being a a retired fireman he understands what that and how the access is important. Um guess the question when this was being discussed in the planning and zoning commission what was the reason for passing with six with that kind of a kind of no clearance to be even though I understand why it's at 5t and why they need the other five feet because of that could you kind of put a little light on the discussion

I think this is the first time we've heard about a fire concern there was it wasn't brought brought up at PNZ. Um the thought was more getting it out of that maintenance easement so that the neighbor could come and do what they needed to. That's why that maintenance easement was there. Um and of course the 10 ft is for separation just for use of that lot. Um maybe I don't know if there was a fire when they actually originally made that 10-ft separation if there was a fire concern there. Um, but as for PNZ, I think it was more just getting out of that access easement.

Um, yeah, cuz I, by the way, I I can understand if you're cleaning out of your garage and trying to put it somewhere to try to get, but I'm glad you clear it up that you got all this cleared up. Am I correct? Yes, sir. Okay. Um, I don't know. I um, it's built obviously. It was cleared, Jo. I'm assuming that it was approved whenever it was approved to have this kind of a of a structure that was built. I believe there was not a permit issued for this construction. Otherwise, it wouldn't have been allowed to have been built in this location. So then they could do what they did. No, no, there was not a permit. There's there was not a permit.

There was not a permit because a permit would not have been issued to let them go into the easement on either the rear or the side. All right. Thank you. you you cleared. Are you sure you want to go forward with this? Uh cuz right now I'm not sure you're going to get it passed. Um he uh Okay. So, if I can explain a little bit about the permit, uh my dad had no idea he needed to get a permit um until we got the uh the warning for it. Um, so that's why he came over here. But, um, I know he's willing to go as far as he can. Um, even if it's for the back one, well,

to try to find Josh, let me ask you a question. Are they in a position so if they want to try to then correct it uh to give the space and not come in for a variance um is that doable or they because I'm looking at the structure. Yeah. Now the there's a 10-ft setback both on the side and the rear. So they would need even if you give the rear allow the rear one to stay or to be cut back they need at least that variance. So to keep the covers on either side, they would need whatever variance you approve.

So their option right now, if I understand it correctly, is if I'm looking at the the lateral, the one on the I'm looking to the right side of the photo. Um that if they don't correct that, then I don't I think Dennis, I think you're on that you can't we can't go forward. So, I have no problem with the rear cover. I got it. Even if it's encroaches into the rear yard set back and they leave it at 10 ft as it is, I have no problem with that one. It's the one down the side that I got a problem with which affects the house next door. Can you put up that picture that actually was the picture that uh of the showing the underside of the cover? Is it that one?

Yeah, that one. All right. So the the house there, there is no way you could get access to that house, that roof with that cover there. And that's 5 ft over into somebody else's property. Yeah, that's the problem that I have. Um, and then can you show the next one showing toward the front gate? Okay, so here's my question. Whose gate is that? That's my dad's gate. Okay. So, but but your g your dad has a gate on somebody else's property that keeps them from being able to get down their property unless they open your gate.

Then would we have to have no gate? Because um like when we bought the house, if you see on the far left where that pole is, it's still that that would be like the fence that that's the fence to the back, right? But but but where split the gate split, you know, just split the gate up to the left. That's pretty much not your property. Am I correct? I am I wrong? No, I think uh so zero lot lines typically you have that the neighboring house has no side right property on one side and then 10 ft on the other. So so the gate is all on on that's all on their property. So the 10t for this one will be on the other side of the house.

Okay, that's about I stand correct. I'm sorry because I was but uh but but but but still um they would just have to be able to get into the Oh, no. into the gate. Okay. Yeah. So, Dennis, can you come up with some kind of emotion or do you We're just thinking or Well, or we can get other Al's got a question. Okay. Again, let me let me just say this. The the rear cover I have no problem with even at 10 foot. All right. and uh this the side whatever I'd like to listen to some other council members. What do y'all think? If y'all

you wanted to have some I personally think it needs to go the whole thing. But whatever the other council members want to talk. Okay. Can I see who's next here? I got Al J. John and Al, you're next. And then John and I'm good. I'm going to let Okay. Go. Okay. Um this is uh for Joselyn. What is the nature of the easement in the rear? It's a utility easement. Um I'm not sure what's in it. Usually when there's a rear easement like that, there's probably a power line back there. Yes. To the back. Yes. It's on board. We power them as well. Okay.

Okay. So, if there were to be a structure built in the easement, since it's a utility easement, and my understanding is that it's that Encore has utilities in the easement, would that require an easement agreement with Encore? We we spoke with Encort already, sir. We we spoke with Encord and they um they said it was okay that um if only for us to cut um half of that basically which would be like the five feet from the house outward. Um so they they said it was okay on their end half of it only of course. Okay.

Yeah. Um well I mean I I definitely echo uh the concerns about the uh the fire access on the side. Uh I I also don't have a problem with the the uh the rear ease or the rear variance to the five feet. I would be concerned. Um it sounds like Councilman Webb was proposing a 10-ft variance in the back to leave the whole the whole 10 foot

in the back and then no variance on the side. I'd be concerned with the 10-ft variance to the back just because of there's the utility easement. There are utilities in there and since and they've already spoken to Encore and I mean did did you propose you did you did you did they give you any opinions about whether they would be amendable to the the whole 10 ft being in the

ement? Well, the the gentleman that went over um to you know go ahead and look at it um he said he didn't mind like the whole roof being there. Um but you know he went ahead spoke with his uh supervisor and he's the one that kind of was like you know what like if you need to cut it you know it'd be five feet like at least cut five feet if of course if you guys were wanting for that to be um fixed. Okay. So Abdul thank you mayor just quick question. Is this built by the permit or no permit? Does it require a permit or Yes it would require a building permit. Okay. And no building permit was did they secure the permit? No, they did not. So they build it without the permit.

Correct. Okay. And the pictures doesn't give a clear idea because of there is so much clutter and so much storage thing. Do you have any pictures on this that you clean it up? I I'm sorry. I do not. I started working night shifts to help them with this. So I don't have any pictures recent pictures. I don't have any recent pictures. I'm sorry. So, would you mind in postponing this case until you rectify and think about it uh and come back again? Um, you want us to postpone so we can clean out or to I'm sorry to you want us to postpone so we can take new pictures?

Take the pictures. Okay. And then whatever the adjustments is needed if you get the clearance from the fire department. Okay. Though it is a zero lot, I understand that. Yes, sir. But you need to have a consent from the fire department to see it's okay. For that reason, till you work it out on that, we could Okay. We could postpone it a little bit. Yes, sir. Yeah. Yeah. I want you to understand something at this point. If we deny it, you could be forced to then have to pull that area where you see the struts that five foot variance.

Um, yes, sir. My father is aware of um, you know, if it he he's aware that he built the roof without permission. Um, and he's aware, you know, that if it needs to come down, it will come down. um he is here, you know, he decided to move forward because he at least wants at least 5 feet, even if it's in the back. Um yeah, he just wants some kind of shade is all but but he understands whatever decision you guys make. My question is if we were to give you a postponement

Mhm. And then you'd have to work with our planning department and also make sure the the fire uh department also is going to be with you on you then making the setback to where you're not here for a variance and there is a clear 10 foot because that's what I think you're really talking to. Am I right uh council web? No. Yes. Just say yes. Just say yes. Okay. But you understand where you are, right? Yes, sir. Okay. So, do Justin, do you want to make any kind of comment on this?

Yes. So, if she's if they're going to keep either of them back to the 5T, they will she will need a variance. So, there there's no negotiating other than taking it completely down. So if if if the instructions are for her to come back, she would still need the variance even to have the five foot on either side. Okay, that's clear. So she there's nothing she can do by ride other than take it down. Go ahead, Philip. I just want to clarify we cannot issue a permit for the building to encroach into that rear easement. That's the point. I get it.

We just can't. The closest they could get would be five feet off the back property line. And that would require a variance of the council. I just want to be clear on that. So, thank you. Sorry. A a five foot variance off the back property line, not the side property line. Well, if if we're talking about what Councilman Webb suggested, which was to allow the patio to exist in the back, the most that they could encroach toward their back property line would be 5T. They they have to be clear of that 5-ft utility easement in the back regardless. We we can't issue a permit for that encroachment.

Oh, well, let me just say this and I support what Excuse me. Go ahead, Adam. Oh, I I was just going to ask in number, you know, in the packet it says that this uh was already run by fire water utilities inspections and CIP and they didn't put any I I I acknowledge the the risk the fire concern but um you know they they had no comments or no objections to this case uh you know according to the packet. I don't know chief if am I reading that correctly?

I I understand there's ways to get around it but yeah. Yeah, you're reading that correctly. The point was made earlier that I don't know what the code was at the time that the construction took place. I'm giving you the challenges that may be faced if something took place both with their house and the house next door when they encroach upon that. So, they did not get a permit.

That's not the fire department's area of responsibility. We look for 10-ft clearance between structures so we can operate between them. But as far as a fire code violation, I'd have to go back and look and I suspect it would have been within the fire code at that time. But the challenges with the rescue or the suppression on both houses is there with that roof line over. That's what I'm expressing here. Okay. Does that make sense? Yes. Thank you very much. Mayor, let me finish my comment.

Okay. At this point, I don't know how we can approve or even give you a postponement because at the end of the day, you never got a permit. And then you're asking for a variance and you're going to probably have to get them on both the rear as well as the side. So, at this point, um I'm not sure what you want to go forward on, but just so that you understand that the first problem was no permit. Mhm. Luis.

So, as far as I understand it, it's not like we have too many options. We can either give a uh variance of five feet for the back or nothing. So, I would like to make a motion to approve that variance for the rear and then no variance for the side. Second. We have a motion, a second. No further discussion. would you please vote? And it passes 8 to1. Thank you.

Thank you. Item number 30 is ordinance 20267 ZC considering a zoning change from CC community commercial to SP1 RAB detailed site plan restaurant with the attended accessory uses of the sale of alcohol beverage on the premises for onremise consumption and CC community commercial uh uses at 901 MacArthur Park Drive Suite 100. Good evening.

Good evening. How are you? Michael Hail with ownership of MacArthur Park Shopping Center. Um with me tonight in the audience is also other representatives with ownership as well as the restaurant operator uh which will be Velvet Taco. Happy to answer any questions for you. But as ownership, we feel like this use is consistent with other businesses that are operating in the shopping center today and also up and down the MacArthur Park corridor. Thank you very much. Are there any questions? Seeing uh would like to entertain a motion to approve. Okay, I have a motion. Have a second.

You please vote and it passes unanimously. Uh that brings us to the end of our regular agenda. Uh we're going to take a few minute pause here before we start the public comment.