Board of Adjustment - Regular Meeting
The Board of Adjustment heard numerous zoning variance, special exception, and signage cases during their September 16, 2026 meeting, approving several and continuing others.
About this meeting
- Government Body
- Board of Adjustment
- Meeting Type
- Board Of Adjustment
- Location
- Fort Worth, TX
- Meeting Date
- September 16, 2026
Transcript
1967 sections
Good morning.
Notice of this meeting has been posted online for at least 72 hours. Staff present today are Gianna Bridges, Trey Qualls, Maribel Pena, Stacey Jones, Emily Reyes, Sanchez Collins, and Danisha London. Chair, will you please call this meeting to order?
Good morning. This is Whit Wallman, and this board, this meeting of the Board of Adjustment will now come to order. It is the 16th day of September, 2026, and I welcome everyone to the Board of Adjustment. This board is a citizen board appointed by the city council. By state law, a minimum of nine members or alternate members must be present to provide a quorum in order to conduct business. Today, we have a quorum with 10 currently. Today's meeting agenda can be found online at www.forwardtexas.gov. Speaker registration forms for cases on today's agenda should have been turned in prior to the start of this session. Today's public hearing is being documented by cable television and video conference recording, which will be available on the City's website. To facilitate an orderly meeting, I am asking everyone in Council Chamber to turn off the audible alarms on your electronic devices at this time so we will not be distracted during our meeting. Each case will be called in the sequence listed on the agenda unless otherwise directed by me, the chair. The Board of Adjustment requests that the following rules of order be respected. For case introduction, each case will be introduced by the City of Fort Worth Development Services Department. After presenting the facts of the case to the Board of Adjustment, board members will have the opportunity to question city staff about the case and any applicable laws or regulations that might apply. This portion of the discussion is exclusively between city staff and the board members. For case presentation, as your case is being called, we ask that you move to the front row of the chambers. You will have seven minutes to present the facts of your case and why you believe your application meets the criteria for approval. If more than one person is presenting the case, it is necessary to divide the total seven minutes among all parties so you do not exceed the allotted time. After the applicant has presented their case, I will call for any opposition to come forward. This is their opportunity to express why they believe the variance or special exception should not be approved. The opposition is also allotted a total of seven minutes of time to be shared among all speakers. If opposition is presented to the variance or special exception, the applicant will have an additional three minutes of rebuttal time. The chair may allow for a few more seconds in each presentation to ensure a speaker's final point can be made. In 2019, there was a rule change regarding translation cases. When speakers require the services of a translator, all speaker times during those cases will be doubled. For question and answer period, after the parties have presented their positions, the board members will then have the opportunity to ask questions of the applicant and any opposition. During this time, all speakers must remember that all dialogue be directed to the Board of Adjustment only. There is no time limit during this period. After the board members have received answers to their questions, I will close the public portion of the hearing. Board members can discuss the case amongst themselves and the city staff to determine whether or not an application meets or does not meet the criteria for approval. After this discussion, I will ask for a motion to approve, deny or continue the case. City staff will call for a voice vote from each member. If an application is denied, an applicant will have 10 days in which to appeal to a court of appropriate jurisdiction. For more information on this and additional information on any case on today's agenda, you may contact the Board of Adjustment at 817-392-8026 after this meeting. If necessary, a closed executive session may be held with respect to the posted agenda items to enable the Board of Adjustment to receive advice from legal staff. The first order of business is the approval of the minutes from the previous meeting, which was August 2026. We are open for a motion to approve.
I make a motion to approve the minutes as written.
Do we have a second? Second. Thank you very much. We have a motion by Ms. Herrera and a second by Mr. Whitten.
Riley.
Sorry, Mr. Riley. Excuse me. Can we please perform a roll call vote? Yes.
Board Member Jim Whitten.
Yes.
Board Member Sergio Garza. Yes. Board Member Michael Johnston. Yes. Board Member Bob Riley. Yes. Board Member Deborah Freed. Abstain. Board Member Whit Wollman.
Yes.
Board Member Jana Herrera.
Yes.
Board Member Jana Herrera? Yes. Board Member Kay Duffy? Yes. Board Member Eric Arteaga? Yes. Board Member Jared Wilson?
Yes.
Board Member Lucretia Powell? Abstain. The motion passes.
Okay, thank you. Let's move on to the first case, which I believe is a translation case, BAR-26-072. Ms. Reyes, we're ready when you are.
Good morning chair and members of the board. The first item on the agenda is BAR-26-072. The property is located at 3513 South Jones Street. The property owner and applicant are Jesus and Teresa Ramirez. The property is owned A-5, one family district. The applicant is requesting four variances. Variance A is to the one family A-5 district development standard requiring a minimum side yard setback of five feet to allow a storage shed to encroach into the side yard setback along the northern property line. The applicant is requesting a four foot side yard setback. Variance B is to the requirement that non-habitable accessory structures shall be limited to 10 feet in height to allow construction of a non-habitable accessory structure, a storage set that exceeds the maximum height allowed, and the applicant is requesting for it to be 12 feet. Variance C is to the one-family A-5 district development standard requiring a minimum side yard setback of five feet to allow construction of a storage shed to encroach into the side yard setback along the southern property line. And the applicant is requesting a two-foot side yard setback. And variance D is to the maximum non-habitable accessory structure size of 200 square feet for a lot size between 5,000 to 9,999 square feet to allow non-habitable accessory structure, a storage shed, to exceed the maximum allowed cumulative square feet of non-habitable accessory structures. And the applicant is requesting to have 402 square feet. The subject property contains a single family home as a primary use and is located on an interior lot in an established neighborhood. The subject property is rectangular in shape and was plotted with an alley. The lot contains a mature tree and is not located within a floodplain. Their primary structure is approximately 560 square feet in size and does not contain a garage. There's a current code enforcement complaint for working without permits for the storage sheds that was issued in April of 2025, which was the result of the residential accessory permit for a storage shed that is awaiting client reply as of August 2025, which is pending the outcome of this case. Varian's request A is to allow a storage shed to be located four feet from the northern side property line, resulting in an encroachment into the required side yard setback. The existing storage shed is located at the rear of the property, and the existing storage shed is measuring approximately 16 feet, six inches wide by 20 feet long, resulting in a footprint of approximately 330 square feet, and the structure has an overall height of 12 feet. The applicant is requesting an additional variance to the requirement that non-habitable accessory structures shall be limited to 10 feet in height to allow construction of a 12 foot tall non-habitable accessory structure, a shed. The structure is 11 feet seven inches from the rear property line and four feet from the northern side property line. The proposed height exceeds the allowance of 10 feet by two feet and therefore remains deficient. These are the elevations of the shed. The variance request for C is to allow a storage shed to be located two feet from the southern side property line, resulting in an encroachment into the required side yard setback. The existing storage shed is measuring approximately nine feet wide by eight feet long and nine feet in height, resulting in a footprint of approximately 72 square feet. The applicant is requesting variance D to exceed the maximum allowable cumulative area for non-habitable accessory structures. Section 5.301 limits the cumulative area of non-habitable accessory structures to 200 square feet on a residential lot between 5,000 and 9,999 square feet in size. The ordinance further provides that the maximum square footage is cumulative of all non-habitable accessory structures located on the lot, excluding private garages, private carports, and private portico chairs. According to the submitted site plan, the subject property contains two non-habitable accessory structures and one storage shed measuring 330 square feet and a second storage shed measuring 72 square feet. The combined area of the two storage sheds is 402 square feet, exceeding the maximum allowed cumulative area by 202 square feet. These are the regulations that pertain to the case. These are the board's actions, and this concludes staff's presentation, and I'm available to answer any questions the board may have.
All right, any questions for staff? Ms. Freed. Ms. Duffy, excuse me. And you next.
So I'm a little confused. I'm sorry. Maybe I'm just sleeping this morning. But variance A is for a side yard setback on the northern property line. Variance C is for a side yard setback on the southern property line. Correct.
According to the picture, it doesn't look like it's.
I'm confused.
So it's two different sheds. So the first shed is on the northern, which is displayed on the screen right now. And then the second shed is on the other side.
I'm so sorry. Okay, thank you.
No, you're good. It's free, please. Yeah, I'm looking, it appears that variants A and B are from the same structure. And from our materials, I got the impression that that used to be a carport that was enclosed.
Yeah, it was an enclosed carport, but however, they removed it and put a shed.
So the carport has been removed?
Correct. Correct.
Okay, and they just use the same foundation for a shed?
That is correct. That's new. And then the item for Variance C for the other shed, is that— Constructed or is that a request to construct?
It's constructed already.
And from the aerial view it looked like there were additional sheds. You said one of 72 square feet or is that?
Yes, variance C is the one that is 72 square feet. On the aerial we did tell the applicant to provide all the structures on the property and he informed us that those were the only two structures on the property.
So the other ones that we see from the aerial are no longer there?
Correct. You could confirm with the applicant as well. Thank you for your help.
Any other questions for staff? Okay. Thank you very much. Is the applicant here? Yes, sir. Please come forward. State your name.
The facts about your case, your address, and you have 14 minutes.
My name is, he gave his name.
Drew, will you make sure and use the microphone, pull it up close to either one of you.
Thank you.
He's stated his name and address. Yes. You can pull that microphone closer. We make sure we can hear.
Thank you. Thank you. Please go ahead. My name is Ramirez, and he stated his address. Can you state the address, please? 3513 Sav Jones, Fort Worth, Texas. 3513 Sav Jones, Fort Worth, Texas.
Yes, sir, please go ahead. State the facts about your case.
You have 14 minutes.
So basically I had a porch there, and I enclosed it because I had tools there, and they started stealing from me. And I didn't know the measurements or anything like that, so I closed it.
Yeah, I didn't know what the required dimension was supposed to be, so that's why I made it that way, and that's why I'm here to find out what's going to happen to it. But I wish for it to be able to keep it, please.
You still have plenty of time. If there's any else you want to add. And this is kind of your time to make a case for your application and that kind of thing. I just want to make sure you know that.
It's my home and I need it. Okay. Anything else you'd like to add?
Thank you. Is anyone else here to speak in support of this application? Okay, having seen none, is there anyone here to speak in opposition? Okay, also having seen none, I will move to board questions for the applicant.
This is Johnston. Is the large shed already constructed, or is that something that you're planning to construct?
Yeah, it's already been constructed for my tools. It doesn't have any lights.
It's just covered.
To protect my tools.
What about the small shed? Is it already constructed as well?
Yeah, the small shed was already there when I bought the house.
All I did was renovate it a bit because it was falling apart. Thank you. Ms. Frieden.
Yes. Would it be possible to store all of your tools in the larger shed?
Probably. Yes, sir. Mr. Riley. The larger shed, it was on the same foundation as a carport. Yes.
Yeah, I just renovated it.
I fixed it, basically. It was there when you bought the property.
Yeah, the carport was already there, just the porch.
I just closed it in.
Any other questions for the applicant? Yes, ma'am. Ms. Tufkin.
So has anyone from the city explained or talked to you about the fact that that larger shed could have been a garage and been that height instead of a shed?
No one told me anything.
So I think some of these variances could have been avoided if we called this a garage, which would have required a garage door, right?
Yes, and the structure was already constructed when the applicant came to us, so we bring in the variances that has been requested for the existing structure.
I'm just wondering, for the cost that he paid to come see us about variances, I think he could have installed a garage door in the front of that thing and it would have been legal, right?
We would have to review it as a garage, but potentially he'll still need the variance for the setback. Is the one foot setback in the administrative? So the one foot setback is within the director's purview. However, it says director or designee, and the director has chosen the Board of Adjustments as the designee.
Sir, Mr. Garza.
Do you have access from the alley to park a car in that storage shed?
Yeah, the entrance goes all the way to the back by one side of the house.
Was the original entrance to the carport from the street or from the alley? Yeah, from the street. The alley is actually blocked.
Thank you.
Mr. Garza, do you have anything else? Any other questions for the op-ed?
Okay.
I'm going to close the public portion of this hearing. We'll open up to discussion among the board. Sir, if you would stay close, we might ask questions. Thank you. Any board discussion about this case or a motion?
Ms. Duffy. I'm just not a fan of going and playing getcha on people who have something already built. I think this gentleman's owned this property for more than 25 years. as I can tell, that carport was there when he got there. I mean, if that was a garage, we wouldn't need the extra space, we wouldn't need the height. I don't think it's our job to be code compliance on this board, that's what I don't think. It looks like code compliance already got him to take out some extra structures in the backyard.
I agree with you.
That's a question for the applicant.
It also looks like both structures were there when he bought the house, so it's self-created.
Can you speak into the microphone, please?
If I understand it correctly, both structures were present when the applicant bought the house, so this isn't a, He didn't create this situation himself. It was there. Is that correct? That's for the applicant.
Were both structures present when he bought the house? Yes, they were there. They're old. They're there.
So all he did was improve them.
Can he speak into the microphone, please? Yeah, I just improved it and covered the shade so that they wouldn't steal my equipment.
Ms. Duffy and I don't see eye to eye frequently. And I'm more of the opinion that if he had come for the permits, then he would have learned something like if it was a garage, all he would need is the one foot setback. I'm inclined to support variances A and B. so that he has something to store his tools in. This was a complaint, so I take those pretty seriously as well. So my position is that we would support variants A and B. And by default, since A, this structure that was a carport, Is already over the 200 square feet, we would also have to approve variance D in order to allow him to keep that structure.
So I think. I would be inclined to support them as well. Because he's been through this whole process. But I just think in the future, all of it could have been avoided by putting a garage door in the front of that building.
If he'd gone and gotten a permit for it, He would have learned that and we wouldn't be here.
Well, he also could have learned that when he was applying, when current enforcement told him to come to this board, they could have told him that too. So anyway, that's my two cents. But yeah, I think that it looks like they perhaps asked him to remove some other things in his backyard and he's done it. And these are useful. I mean, he has no garage in his house. I think it would be nice to approve it.
Do you have a question for staff or for the applicant? Go ahead. Yeah, you're fine.
So, sir, you said that two storage sheds have been removed since they were on the property. Help me understand those two storage units. Were they on the property when you bought them, and why did you remove them?
Can both of you speak into the microphone? Can you make sure your handheld is still on? Yes.
Could you ask him to pull the mic or stand closer to the mic as well?
Repeat the question, please.
My question is that we saw an aerial view that had two additional storage sheds. So my question is twofold. Were those there when he bought the property? And if so, why were they removed?
Entonces, en las vistas áreas que habían visto, habían visto dos adicionales que parece que usted también ya removió.
No se removió. El primero lo renové, el que está allí. Lo renové porque estaba cayendo. Yeah, so I haven't removed anything.
I just renovated both of them because they were falling apart and coming down.
So when did you buy this property?
1999. Okay.
Because we have a picture, and if staff could put up from the docket, page 37.
And I'm sorry to carry this on, but it's just, we really need an understanding of the full property. One before or after that, there, right, back, there. Okay, so we've got the house and we've got a red roof, which I assume, I don't know which of these is the garage. I think the one with the red roof, then there's a white roof and another white roof all along the back property line. What are those?
So the white one's actually an RV that I used. I used that to work. And the other white one?
Just like a shade covering.
So the red one is the porch that I covered and closed.
Okay, so as I understand it, staff, that that white one that is a shade, that would also count as an accessory structure with additional square footage. Is that correct? Yes. So I don't think we have a real clear picture of this application then because it's much more than 402 square feet of covered accessory structures. because just a shade is also an accessory structure.
That is correct. And so we communicated with the applicant and asked him to provide on the site plan all structures with dimensions to us on the site plan. And the site plan we have before us is what he's provided.
So quick question on that. Is like a pop-up tent in someone's yard considered an accessory structure?
No, a pop-up tent is temporary and should be taken down.
But we don't know what that is.
Yeah, it's more just establishing.
Excuse me, could we have the interpreter translate what was just discussed up here for the applicant so he understands the discussion?
Could you make sure and pull up to the mic, please?
Thank you.
It's a temporary wooden shade. Okay, but it is a shade structure.
It's just a shadow.
It gives shade.
Right. It's supported by wood ears or something. That should have been on the site plan for the city so that we would have all of that information.
I brought all the information that they asked me to bring.
So legal?
I don't know.
We do not have all the information to assess this because there's significantly more covered. When I look at this picture and I see all the covered space, I kind of understand why there might have been a complaint to code compliance. How do we handle this when we don't have all of the information?
You always have the opportunity to continue a case. You can also deny a case. You can also grant what's before you. We can't force the applicant to provide something in a site plan. We get what we get. So you can approve what's before you. You can deny it if you don't feel you have the information, or you can continue it, and the applicant can continue to try to work with staff.
So we need to use what's in front of us.
I, for one, cannot make a decision based upon what's in front of us because I don't think it's complete. And I think that there is, I understand an RV, got that, but we don't have the correct information.
Yes, sir. Mr. Garza.
I want you to translate this if it's possible. We're trying to help him get this passed.
We don't have the complete, accurate information with this petition.
There's also the strong possibility that if he creates this storage into a garage, he can avoid some of the variances that he's requesting here with us.
There's also the strong possibility that if he creates this storage into a garage, he can avoid some of the variances that he's requesting here with us.
So for that, would he consider us filing a continuance today so he can work with the city on removing that other structure, getting all the information, whatever we have to do, so we can help him get this to pass?
Yeah, that sounds good.
It sounds like to me there's enough questions about the case and obviously you've reached the applicant, so.
Yeah.
We're open to a motion or more discussion.
I move that we continue this case. I'll second that.
Is that Ms. Duffy, the second?
Do we need a timeframe?
Probably. Staff, what's? 60.
Two months? Yes. I move that we continue this case for two months.
Ms. Duffy, you okay with that? Okay. So we have a motion and a second. Staff, could we please perform a roll call vote on the continuance?
Yes. We have a motion to continue case BAR-26-072 for two months. Motion made by Board Member Deborah Freed and second by Board Member Kay Duffy. Roll call vote, Board Member Jim Whitten.
Yes.
Board member Sergio Garza. Yes. Board member Michael Johnston. Yes. Board member Bob Riley. Yes. Board member Deborah Freed. Yes. Board member Whit Wollman. Yes. Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. That's a yes for board member Kay Duffy. Board member Eric Arteaga. Yes. Board member Jarrett Wilson. Yes. Motion passes.
Okay, sir, so you've been approved for a 60-day, two-month continuation of this case. I would work with staff as early as tomorrow. You kind of heard the questions and heard some of the issues. I would work with them as early as tomorrow to get those answered.
Thank you. Thank you.
Okay, I'm told that for the next case, BAR-26-066, we are moving that one to the end of the agenda. So we are going to move on to BAR-26-083. Staff, we are ready.
Can we have the applicant of this case to come to the front, please?
Thank you.
Good morning, this is case BAR-26-083. The address is 2628 Daisy Lane. There's a special exception to allow carport within the required front yard of a residential dwelling. The second request is a variance to the one family A5 district development standards of a minimum five foot side yard setback to allow a non-habitable accessory structure, which is a detached carport, to encroach into the required side yard along the western property line. The minimum required side yard setback is five feet, but they are requesting four feet, 10 inches. The second request is variance C to the one family A5 district development standards to permit fewer parking spaces than required for a one family dwelling with four bedrooms. The minimum required parking spaces is three, but the applicant is requesting one parking space. The last request is variance D to the one family district development standard that two of the required parking spaces for a four bedroom home be located behind the front building wall to allow all required parking spaces to be located in front of the front building wall. Here's the area map. The subject property is located within an interior street in an established neighborhood containing mature trees and no presence of a floodplain. The property is approximately 5,050 square feet in an area with a 1.06% slope from the northern property line to the southern property line, and it was not plated with alley access and the primary structure was constructed in 1958 and fronts on Daisy Lane with driveway access provided from the street. The property contained a one-car garage and it has been converted to a bedroom. This is a special exception A. Again, the applicant is requesting a special exception to allow construction of a carport measuring 10 feet wide by 10 feet long by eight feet high that is located within the required front yard. The carport encroaches into the established front yard by approximately 20 feet with the setback measuring eight feet from the property line to the carport. The location of the carport is intended to provide cover for existing gravel drive leading to the driveway. The existing gravel drive measures 10 feet 9 inches wide and 28 feet long and extends to the property line from the front building wall. All driveways must be hard surface and dust free. Driveways for one and two family uses may at minimum consist of compacted gravel base. Any base product must be contained within a border and maintained including circle and ribbon drives. VARIANCE B, THE APPLICANT REQUESTS A VARIANCE TO THE ONE-FAMILY A5 DISTRICT DEVELOPMENT STANDARD OF A MINIMUM FIVE-FOOT YARD SETBACK TO ALLOW A NONHABITABLE ACCESSORY STRUCTURE, WHICH IS GOING TO BE A DETACHED CARPORT, TO ENCROACH INTO THE REQUIRED SIDE YARD ALONG THE WESTERN PROPERTY LINE. VARIANCE C, THE APPLICANT REQUESTS A VARIANCE TO THE ONE-FAMILY A5 DISTRICT DEVELOPMENT STANDARDS TO PERMIT FEWER PARKING SPACES THAN REQUIRED FOR A ONE-FAMILY DWELLING WITH FOUR BEDROOMS. The last request is variance D. The applicant requests a variance to the one-family A5 district development standard that two of the required three parking spaces for a four-bedroom home be located behind the front wall to allow all required parking spaces to be located in front of the building wall. This is the variance request regulations. Again, the minimum required side yard setback is five feet, but the applicant is requesting four feet, 10 inches. The minimum required parking space is three, but the request is for one parking space. These are the Board of Adjustment actions. And staff is available for any questions.
Thank you very much. Questions for staff? Yes, Ms. Duffy.
Can we back up to the site plan picture? Okay, so from what, oh, that next one. So not only is... The 4'10", that's the set book the house currently has, right?
Yes.
The house that was built in 1958.
I believe so, yes, according to the records that we have.
That's my only question.
Ms. Herrera, do you have a question?
Do we know when the garage was converted, or is that something for the applicant? That's something for the applicant. And then the gravel part of the, I know that's not a variance, but how does that get fixed? That's out of our discussion to have that updated?
I believe it is, but Emily, do you know any more information about that?
The applicant is allowed to have a driveway of compacted gravel as long as it is bonded.
So what they have now is acceptable.
Okay, thank you. Do I need to show the picture of what they have now?
Any other questions for staff? Okay, thank you very much. Is the applicant here? Yes, please come forward. state your name, address, and the facts about your case, and you'll have 14 minutes. And I would ask the board, while we're speaking, could we please make sure that we pause, let the translator translate everything, all the discussion up here, to make sure the applicant hears it. We have 14 minutes. We have plenty of time for this. Please go ahead.
You can say your name, address, and data of your case.
My name is Alma Treviño, and my address is 2628 Daisy Lane. Fort Worth, Texas.
So my name is Alma Trevino, and my address is 2628 Daisy Lane, Fort Worth, Texas.
Mi caso es que mi casa la acabo de comprar existentemente. Yo sé que estaba hecha en el 58, y cuando yo la compré, el garage ya estaba convertido en una recámara.
So I just purchased my home. I understand it was built in 1958. And when I bought it, the porch that was there was converted into a bedroom previously. And I have space in the back and so I want permission to be able to construct in the back to be able to create additional room to live more comfortably. Yeah, I didn't know there was problems with building space to be able to park, so that's why I'm requesting permission to be able to construct and build.
Ma'am, you still have plenty of time if there's anything else you want to ask.
También creo que están pidiendo algo por el carport, que estar afuera, que ya estaba ahí cuando yo me moví a esa casa. Yo la compré con el afán de que tenía espacio para poderla hacer un poco más amplia, ya que no tuvo un costo muy alto y se me hizo fácil poder construir más.
And I understand there's an issue with the carport that was already there when I bought the house. But I did buy it with the desire to increase the size to live more comfortably and to be able to build there.
I have three children and I need space for them. And I need a space for me to work. A free space for me.
And I have three kids, so that's why I need the space. I also need space for myself to be able to work from my home as well. That's all I have.
Okay, thank you. You still have plenty of time. If there's anything else you want to add.
Do you have enough time to say anything else?
I don't have anything else to say. I have nothing else to add to this.
I'm just here to get my petition approved so I can begin construction.
Okay, thank you very much. Is there anyone else here to speak in favor of this case? Okay, having seen none, is there anyone here to speak in opposition? Okay. Also, having seen none, I'll close that part of the hearing. Mr.
Chair, I'm sorry. We did receive one notice, one email of opposition for this case. It's provided in your late correspondence document.
Staff, could we put that up if possible? Please. Is that it in total?
Second. Can you go to the third page?
Just two pages.
It's four total.
Can I ask a side question? Just because what I've been listening to the radio all morning, but do we put letters that come in through an AI checker to see if they've been generated by AI?
No, ma'am, we just provide to the board what the members of the public provide to us. This one in particular just piqued my interest.
It is too perfect. Are there any more pages or is that it?
Okay, thank you.
Okay, we will move into questions from the board for the applicant. Mr. Riley, yes, sir.
Looking at your site plan, indicating that you're, I thought that there was a building addition. Has that been completed? A two-story building addition in the back?
Yes. When was that constructed?
It does not have any addition in the back.
Sorry, I didn't understand.
Go ahead, Mr. Ross. It appears to me that the house probably was originally built as a two-bedroom with a garage that was converted over.
Originally.
So now it has three bedrooms.
Correct.
And the plan is to build a two-story structure behind the main building that would contain two more bedrooms.
Exactly. This is a self-imposed hardship. It's the easiest way of saying it in my mind.
I have a question for staff too. Did they come in for a permit or was this code compliance? How did we start the process with this that we found these four but it sounds like they want to do a building permit to add more? Does that make sense?
I didn't see any lot history, so I didn't see any type of code compliance or any permits for this case. From my understanding, they just submitted for a variance. It could have been that they came in and spoke with someone, a building plans examiner, and maybe the plans examiner informed them that they needed a variance before they started the building permitting process.
If they wanted to go, yeah, if they wanted to start the process, they need to get these cleared up first. Yes. Thank you.
You're welcome. I've got an add-on question to that. From what Mr. Riley was saying, it sounds like this would turn into a five bedroom structure. Is that correct, instead of four bedroom? And if so, does that change the parking requirements? I think she just told us it has three. It has three and they're looking at building two more bedrooms, a two story structure and back. Three already, add two. Is that correct? Are you interpreting this for her? So my question to the applicant, is that correct? You're looking at two more bedrooms? Okay, so staff, are there parking requirements for a five bedroom? Is that the same as for a four bedroom?
For a five bedroom dwelling, the parking requirement will be four spaces required instead of three.
Again, we're not really dealing with the accurate information. Hang on one second.
One second for the applicant.
Oh, I thought I did.
She said she was going to add more if you want to.
Oh, I'm sorry. Go ahead and complete what you were saying.
She just stated that one bedroom will be demolished because stairs go there. So it will be a four bedroom, not five.
Yeah, in the proposed site plan, that bedroom three turns into what's called hall. The closet gets flipped to bedroom two.
Gotcha. Okay. Is there any way as part of that we could put a garage back in?
Mm-hmm.
There's only five feet on each side of the, a little less on the one side. So they can take it back there.
There was a garage that was converted.
That looks like what the master bedroom is now.
Any other questions for the applicant?
One second, ma'am.
Hold on one second. Does the board have any other questions? If anybody wants to have her respond.
This is Johnston. I noticed that there was a letter of opposition by what it looks like your next-door neighbor. Have you talked or had any communication with your next-door neighbor about this application?
I have their signatures. I do have their signatures.
Staff, could we, if she's going to submit that, could we please take it? Ma'am, if you give that to us, we will keep it. Make sure she knows that.
Thank you.
I have a question for staff.
Please.
If we did no construction and the house has three bedrooms, would we still have an issue with parking today?
Yes. The three bedroom dwelling required two parking spaces to be located behind the front building wall. Because that garage was converted, they no longer meet the parking requirements behind the building wall.
So when you buy a house that is like this, how do they navigate that building, parking or whatever? It's been eliminated by someone else.
If there was never a Board of Adjustments variance granted to that property, the property owner assumes responsibility for that property they purchase and will come before the Board to request a variance. if they're not able to determine any alternative solutions to provide those two parking spaces behind the front building wall.
There's no way to access the backyard of this property either. Well, for our automobile tax, there's no alley. There's no.
Mr. Johnson, do you want to ask your question again about?
Yeah, I was. If we could go back, let me let me put down here the see if we could find the address of the person that wrote the opposition letter. Yeah. So the.
The address of the person who wrote the letter is 2624 Daisy Lane.
Okay, and that's the same address of the person who signed a petition to accept it.
Well, it looks like they changed their mind.
Do you want to ask the applicant?
Do you know... why Ms. Ruiz wrote the letter of opposition when she apparently signed a petition in support.
Yeah, I wouldn't know. I normally don't have too much contact with my neighbors, so I wouldn't know.
The name of the person who sent in the opposition letter is Nancy Zomara at 2624 Daisy Lane. And the petition shows Marilyn Ruiz. Not sure if they're roommates or family, but there's two different people here.
So the household, if both of them live in the same household, the household is divided. You have, based on the petition, you have one individual in agreement, and then you have one individual not in agreement.
TAB records show Nancy Zamara as the property owner.
Okay. Any other questions for the applicant?
Perhaps Ms. Ruiz is the renter.
Perhaps.
Perhaps. When we send out legal notifications, it goes to the property owner, whoever, whatever address is recognized in TAD for the property owner. The notification goes to that person.
Do the children drive? Do your children, the three children, do they drive?
Los hijos de ustedes manejan? Two of them do.
Any other questions for the applicant? Okay, I'm gonna close the public portion of this hearing. If you would stay close, we're gonna have a board discussion, but we might ask you a few questions to stay upfront. All right, now I'll open it up to discussion among the board and or a motion.
I'm inclined to allow the one parking space that she's pretty much inherited, but it's not going to solve her issue with construction in the future. The one parking space in front of the property, I don't see any other way of navigating that on this house.
Actually, that one's pretty readily resolved if they just expand the parking platform in front, expand the driveway. And that's really the one that gives me the most bother. For a four-bedroom house to have just one parking spot puts a lot of parking on the street. On the first two variances, those were inherited. And while... They shouldn't have been. They were. I mean, that's fact. And I'm not in a punishment mode. But I do think that in order to support... The additional people and the additional vehicles that there needs to be one more parking spot. Obviously, it cannot be variant C cannot be addressed because they cannot get through the side of the house based on the side measurements and alley access. So I'm in support of AB and DA.
Mr. Chairman, so our typical parking stalls are 9 by 18, and the length of the drive from the front property, from the front wall measures 28 feet. So that's not sufficient space to have two cars parked there tandemly in the driveway. Right. But the driveway potentially can be expanded not to exceed 50% of driveway coverage.
Right. It might be very complex because if that carport stays, it'd be hard to maneuver around that, but the carport doesn't have to stay even if it's approved.
Any other discussion?
Well, I'll make a motion.
Before that, I want to address one more thing. Sure, go ahead, please. Can you tell her that it's going to be very, very hard to allow her to expand two more bedrooms or one more bedroom, and she's going to face this parking issue again?
As long as she knows that. Ms. Duffy, please. So I often feel obligated to point out that if she were to add...
have one of those bedrooms be a study instead of a bedroom, this parking requirement would go away.
No. She still needs...
But the bedrooms would be reduced if she had... She would still... She made it a three-bedroom house with one study.
Right, and that would still require two parking spaces behind the front wall. So we would have to look at variance D, which, but variance C would be different. No, variance C still would not be met.
I would also say that this is what was submitted with the application, right, the site plan.
So if variance C, if she had a house with three bedrooms.
She has a house with three bedrooms.
A home with three bedrooms is required to provide two parking spaces behind the front building wall.
So the applicant is requesting one parking space. Variant C would change to the numbers two and one instead of three and one, right? Correct. For a three-bedroom home, yes. If she changed her application to a three-bedroom with a study.
The existing floor plan, I'm sorry, the existing floor plan shows four bedrooms. Yes. Without the additions.
Do we have another floor plan besides this one? Because this one is not marked what's a bedroom.
Yes, the slide before. I'm sorry, it does show three. Master bedroom, bedroom two, and bedroom three.
Stacy, can you go to the docket?
My mistake.
Keep going, Stacy.
Next one. The top existing is three bedrooms. The master, bedroom two and bedroom three. So the intent of this variance is to do the building addition.
Stacey, if you want to leave it here, that's fine.
I think we have a question from Ms. Freed. No. Ms. Duffy, Joe, anything else? Mr. Garza, please.
The problem that I have with a situation like this is I understand that the city's growing and our... We have to make do with what we have, but at some point in time, if she decides to rent the house, it can become a real nightmare for the neighbors. So that's something we have to consider because what we decide today is going to be forever. So we try to help solve the parking situation with what she has today. And that's becoming increasingly, even one parking space won't solve it. And I'm looking at the carport. The truck doesn't fit under the carport. She's parking the truck halfway into the street. And I know there's no sidewalk there, but if there was, she'd be parking on the sidewalk. So the only way to solve this would be a double parking space, which Ms. Freed said. But there's a variance for that.
Probably require taking down the carport to do that, but...
But that's the only solution for today. Now, if she builds more bedrooms, we're going to run into the same situation.
We could... I've crossed this out. I've crossed out my notes so much. So the request was for... I think on Variant C, if we approved it, we should specify two instead of three parking spaces. I really think that having just one parking space for a home that large is a disservice to the rest of the neighborhood. And as you say, especially because the home is capable of holding that many people, it could be even worse. I'm pretty much where I was, but I would consider changing Variant C and approving it with two parking spaces.
This is Johnston. If we changed Variant C to two, how would they get the second car behind the building line?
They can't. Variant D cannot be approved. I mean, we've got... I feel like we have to approve variance D because there's not a solution available. There's no way to go down the side to build a driveway for a garage in the back. That's not an option. So there's variance D I think we have to approve. Variants A and B, I have a sense that since it was there beforehand, we could approve it. But in reality, if she puts a second parking space in, it would probably require removing that. But that's not necessarily what we have to decide.
I think B, we also have to approve because the house itself is 4'10".
Absolutely. Absolutely, yeah. I see no problem at all with B.
I would say that's about the only one I don't have an issue with is B.
Really?
As an ode to Mr. Johnston, too, I'm sure we're going to split these votes, right?
I think we need to separate these.
Yeah, for sure. Mr. Riley.
Are there other carports in the neighborhood?
¿Hay más porches de carro en Cocheras en el vecindario?
Cocheras como...
Like carports, you're saying?
Yes, they are.
Staff, I did observe a few during the site we did. Thank you. You're welcome.
Any other discussion?
Are you on Google Maps?
Not my back.
Any other discussion or a motion? Yes, sir.
Mr. Wood. If we're talking about possibly approving A, B, and D, and then C, if it's two spaces instead of one, is that what we're discussing right now?
That's what I was discussing. Mr. Riley, I believe, has exception to A. Is that correct, Mr. Riley?
The only one I can support is B. I'm the exact same way as Mr. Riley.
What do you suggest they do for D? What's the solution?
They come to us for relief. Sometimes they create their own situation.
That's exactly what's happened here.
But Dee is behind the building front line. And that's not possible.
Can I explain C and D? Please do. So variant D will capture whatever your decision is for variant C. So currently, the home requires three parking spaces on the property. Two of those parking spaces must be located behind the front building wall. Variant D is to allow the required parking spaces to be located in front of the front building wall. So if the board chooses not to approve Variant C, but approve Variant D, then the applicant will need to figure a way to allow the three parking spaces to be located in front of the front building wall. If the board wants to make a stipulation to variance C and approve two parking spaces instead of one, then those two parking spaces will need to be located in front of the front building wall. Now I'm more confused.
Wouldn't that require a whole new application though to get two spaces?
No, the board can make the stipulation to allow two parking spaces instead of the requested one.
We wouldn't have a coverage issue of...
So the property owner will have to submit plans showing that they do not exceed 50% driveway coverage. This site seems to have potential to expand their driveway to not exceed that percentage, but we'll have to get the plans to see. If their proposed plan would exceed the 50%, they'll be back before us to request a variance to exceed the 50%. Thank you.
So Mr. Riley, Can you explain your objection to D, that the spaces, which requires the spaces to be behind the building line? How would they resolve that?
I am assuming, which can be dangerous, this house was a two-bedroom house. And there was an illegal conversion of a one-car garage into a third bedroom. And then the existing structure has three bedrooms. with no parking, except for out in front of the building, the front line. The whole variance that we have today is they're gonna do a building addition, convert, or be able to produce four on a lot that was originally set up with two bedrooms. And unless they can do a tandem, take the master bedroom out, convert it back to a tandem, The solution to me is to put in a tandem garage. They get two parking spaces behind the building front line.
Which kind of makes it feasible because they're willing to construct a second story with two more bedrooms. They should be able to navigate the building to qualify for the parking behind the wall.
And it appears to me that the second story is a whole brand new building. It's not above any of the existing buildings. I don't know. What are they going to do on the ground floor of the new two-story building? More bedrooms? Office space? People call office space a theater room, which can turn into a bedroom. I don't know. My preference is I'll be able to support number B. That gives them some guidelines to work in. Then, other than continuing the case, I don't have a problem with denial without prejudice, where they can figure this out and bring it back at some point in time here fairly soon. I don't know that they're gonna be able to figure it out if we did a denial with prejudice. That's my compromise. This is a two-bedroom home that's about ready to be a four-bedroom with a separate building. I don't know what is going to be on the ground floor.
So, Mr. Riley, if I can point out, in the floor plan, it shows four bedrooms on a ground floor with the second story. Stacey, if you can go up just a little bit as the game room. Up a little bit more. There it is.
Which could become a bedroom.
So if they do no construction, are they still in trouble with the parking?
Can we help them with that?
We'd have to approve.
So with no construction, the existing structure is three bedrooms that requires two parking spaces behind the front wall.
So they're still out of compliance? Currently.
Right. So in order for her to keep the house she purchased in January the way it is, we'd have to approve A, B, and D. Otherwise, we're forcing her to do some reconstruction, tear down things that are there.
I agree. If she wants to construct the second story with more bedrooms at that time, she can also consider constructing the garage back behind the wall.
She has no access, but... she wants to do reconstruction, then she'll have to deal with them on making... We're talking about compromise here. It seems like that's excessive, but...
I'm okay with A, B, and D.
I think for me, I could be okay with A, B, C would have to be changed to two required spaces minimum because there's still street parking. I think it's reasonable if she can put two spaces in, three bedroom house. You got street parking and then D. Approved D. And then approve D, I think two spaces is viable. Looking at it, it's maybe not ideal, but is viable. So I do see a path forward without deconstruction.
I think we're mixed on this on some of these. So I think we can talk about it forever. Or we could put each one separately to a vote. That's my opinion.
I'm open to a motion.
Mr. Johnston, I move that we approve as written BAR 26083 without prejudice.
I'll second. An approval is just an approval. Only a denial motion could be stated with or without prejudice. Okay.
Okay. Then I will move to approve as written BAR 26-083, but reserve, I guess, the right to assert a vote for without prejudice if they are denied, and also would ask for separate votes on each.
No. No. Yeah, so I guess the only way you could really do that is you could reconsider if one were denied.
Okay, we could do that.
So go through each one, sounds like individually, vote on the approval.
And then if we have any denials, we can reconsider. I'll move for without prejudice.
The way to do that is to have a motion for approval on all. If it turns out that one is denied and there's a desire by those in the prevailing party to reconsider it, you could do it that way as a denial without prejudice.
I also would recommend that we go ahead and change the wording as we get to variance C so that we approve it with two parking spaces instead of three. So with the stipulation. Why don't we just take each one separately? So instead of saying approve them all, let's make it.
Yeah, Mr. Johnson said that. We're going to split them up.
So I think Ms. Freed is asking for each motion separately. Okay.
I can do that. Okay. I can move to approve as written BAR 26-083A.
I will second.
Okay. So we have a motion to approve A by Mr. Johnson and second by Ms. Freed. Staff, could you please perform a roll call vote?
We have a motion to approve case BAR-26-083, Variance A. Motion made by Board Member Michael Johnston and second by Board Member Deborah Freed. Roll call vote for Variance A. Board Member Jim Whitten. Special exception. Special exception A. Thank you.
Board Member Sergio Garza. Yes. Board Member Michael Johnston.
Board Member Bob Riley.
Board Member Deborah Freed. No. Board Member Whit Wollman.
Board member Jana Herrera? No. Board member Lucretia Powell?
Board member Kay Duffy? Yes. Board member Eric Arteaga?
Board member Jarrett Wilson?
The motion to approve variance A fails for lack of non-affirmative votes.
Now, to be clear, denial, failure to achieve the right, the appropriate number of votes is a denial with prejudice. If there is a desire by any in the prevailing party to reconsider for a denial without prejudice, we can address that now.
Do we need to do that now or wait till after all of them?
Let's address it now.
I would recommend to do them now, successively.
I would not support that because that would possibly become a huge two-car carport if it was approved to have a carport.
I would like to reconsider for denial without prejudice.
Point of...
I'll second that. Oh, wait, did you?
Who is the prevailing party, the yeas or the nays?
In that case, because the motion failed, it would be the nays or the prevailing party.
Anybody that voted against?
Correct.
Mr. Wilson voted against, correct?
Correct.
We have a motion to reconsider A, the denial with prejudice, correct?
Without prejudice.
Well, but the vote was denial.
First you need a vote on the reconsideration, then Mr. Wilson can make the motion to deny without prejudice.
Correct. Okay, so we need a motion now. Motion to reconsider. Yep, motion to reconsider A.
Can I second it or does it have to be prevailing party?
The second can come from anyone. I'll second that.
Okay, motion to reconsider by Mr. Wilson, a second by Ms. Duffy. Staff, could we please perform a roll call vote and maybe read out what we're reconsidering. We're reconsidering the denial of A.
Yes, okay.
Right now you're just voting on whether to reconsider.
Reconsider, right.
Okay, so we have a motion to reconsider the decision made by the board for special exception A. The motion was made to approve the case as written. Motion failed for lack of non-affirmative votes. Board member Jared Wilson has made a motion to reconsider and the motion was seconded by board member Duffy. Now we'll take a roll call vote. Board member Jim Whitten?
This is a yes to reconsider. Yes. Okay, board member Sergio Garza?
Board Member Michael Johnston?
Board Member Bob Riley?
Board Member Deborah Freed? Yes. Board Member Whit Wollman?
Board Member Jana Herrera? No. Board Member Lucretia Powell?
Board Member Kay Duffy? Yes. Board Member Eric Arteaga?
Board Member Jarrett Wilson?
The motion to reconsider passes. Mr. Wilson, would you like to make a motion?
I'd like to make a motion to deny without prejudice BAR 26083A, special exception.
Do we have a second? Second. Second by Mr. Riley. Staff, could we please form a roll call vote?
Yes. We have a motion for case Bay R-26-083. Motion made for special exception A to deny without prejudice. Motion made by board member Jarrett Wilson and second by board member Bob Riley. Board member Jim Whitten.
Board member Sergio Garza.
Board member Michael Johnston.
Board member Bob Riley.
Board Member Deborah Freed. Yes. Board Member Whit Woldman.
Board Member Jana Herrera. No. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Yes. Board Member Eric Ortega.
Board Member Jared Wilson.
The motion to deny without prejudice passes.
Or special exception and correct.
Okay. Yes.
I'll make a motion for BAR25-083, Variance B.
26, sorry.
26-083. Take me back. 26-083, Variance B, that we approve as written.
Okay, we have a motion. We have a second. Second. Mr. Wilson? Motion by Ms. Freed. Staff, would you please perform a roll call vote?
Yes. Board member Jim Whitten.
Board member Sergio Garza.
Board member Michael Johnston.
Board member Bob Riley.
Board member Deborah Freed. Yes. Board member Whit Wollman.
Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jarrett Wilson. Yes. The motion passes.
Okay, thank you.
Moving on to C. I'll make a motion for BAR 26-083 on Variant C that we approve two parking spaces rather than the required three.
Second.
Okay, so there's an amended motion for Variant C from three required spaces to two. Motion by Ms. Freed, second by Mr. Wilson. Approved as written.
Okay, so we have a motion for case BAR-26-083 for Variant C, motion made by Board Member Deborah Freed to approve with the stipulation of requiring two parking spaces instead of the requested one parking space. The motion was seconded by Board Member Jarrett Wilson. Roll call vote for Variant C. Board Member Jim Whitten?
Board member Sergio Garza? Yes. Board member Michael Johnston?
Board member Bob Riley?
Board member Deborah Freed? Yes. Board member Whit Wollman?
Board member Jana Herrera?
Board member Lucretia Powell? Yes. Board member Kay Duffy? Yes. Board member Eric Arteaga? Yes. Board member Jarrett Wilson? Yes. The motion passes.
Okay. Now moving on to variance D. Any more discussion or a motion?
Johnston moves for the approval as written of BAR 26083D. Thank you.
We have a motion. We have a second?
Second.
Mr. Whitten, thank you. Motion to approve by Mr. Johnston, second by Mr. Whitten, as written. Can we please form a roll call vote?
Yes. Board Member Jim Whitten? Yes. Board Member Sergio Garza? Yes. Board Member Michael Johnston? Yes. Board Member Bob Riley? Yes.
Board member Deborah Freed. Yes. Board member Whit Wollman.
Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jarrett Wilson. Yes. The motion passes.
Okay, ma'am. So you've had several You've had all of yours passed with several different stipulations and I would reach out and maybe, I'm sorry, one denied, but I would reach out to staff as early as possible to get more further clarification on what each of those mean and how you would move forward. And you can reach out to city staff as early as tomorrow.
Which one was the one denied?
It was a special exception to allow carport within the required front yard residential dwelling.
Can we explain to them what it without prejudice means?
Yeah, so when we deny, typically a typical denial, and the reason why we went through this whole process, a standard denial is with prejudice. And I understand it's two years, is that right, legal? So that's two years you're not able to bring your case before us again.
Usualmente cuando rechazamos, normalmente cuando es con prejuicio, el límite es dos años. Usted no puede presentar de nuevo su caso normalmente.
But for yours, it was denied without prejudice, which means there's not the two-year delay or waiting period to bring yours back. What it does is it denies and allows you to work with city staff prior to two years.
Entonces, en el caso tuyo fue rechazado, pero sin perjuicio, lo que significa que no tienes que esperar los dos años. Eso permite a usted trabajar con el personal de la ciudad para poder arreglar el asunto aún más rápido.
And you also had on C, there was a change to one of the requests. So again, I think reach out as early as tomorrow with city staff to make sure you understand what you can do going forward based on these approvals and denials. Okay, thank you. All right, staff, we're ready for the next case. BAR-26-079. This is case BAR-26-079.
The address is 1724 Stockup. This is a variance to the requirement that the driveway coverage for one and two family uses should not exceed 50% of the front yard as measured between the front property line and the closest location on the structure to allow 100% of the driveway coverage in the front yard. The maximum allowed driveway coverage is 50%. The applicant is requesting 100% driveway coverage. The subject property is located in- One second, Gianna.
I'm sorry. Can we ask the applicant to come to the front? Can you start over, Gianna? One second.
For the benefit of the board and for the room, we're just setting up a translation. Since this is a translation case, we're making sure that everything is translated to the applicant.
Okay, this is BAR-26-079. The address is 1724 Stalker. There's a variance to the requirement that the driveway coverage for one and two family uses shall not exceed 50% of the front yard as measured between the front property line and the closest location on the structure to allow 100% of the driveway coverage in the front yard. The maximum allowed driveway coverage is 50%. The applicant is requesting 100% driveway coverage. The subject property is located in an established residential neighborhood. The 13,939 square foot property has a 4% downward slope from the northern property line to the southern property line and was not plated with alley access. There are several mature trees in the front and rear of the property and there is no presence of regulated floodplain. There are no environmental constraints and the primary structure was constructed in 1967. The lot history right now, there is an active code compliant case. It was issued June the 11th of 2026. Applicant is requesting a variance to allow 700 square feet of paved surface resulting in 100% driveway coverage in the front yard as measured between the front of the structure and the front of the property line. The area between the front of the structure and the front of the property line is 1,215 square feet and the maximum driveway coverage allowed by right is 50% or 642.50 square feet. These are the variance regulations. These are the Board of Adjustment actions. Staff is available for any questions.
Thank you. Any questions for staff? Did you say what the law history was? Was there a permit or was this code compliance?
There's an active code compliance case and it was issued on June the 11th of this year.
Thank you. Any other questions for staff?
Code compliance for what?
The code compliance case for the 100% driveway coverage.
Do we know if there was a complaint or if it was just a random drive-around inspection?
That I'm not certain of. You may want to ask the applicant because I believe sometimes the code compliance officer will let them know.
Thank you. It was from a complaint. Thank you.
Thank you. Please go ahead.
So I think you said that structure was built in 67, but I'm seeing a tag that it was built in 2020. Is that? Looks more correct from the photo, but I don't know. I guess I'll ask the applicant. The driveway since then probably anyway.
I have a silly question for Steph. Is artificial grass considered non-concrete?
As long as it's permeable surface.
They can put artificial grass over concrete and it would quality.
No, they have to take up the concrete.
Okay. Any other questions for staff? Okay. Thank you very much. Is the applicant here? Yes, please come forward, state your name, address, and the facts about your case, and you'll have 14 minutes.
I just want to state that the applicant says she understands everything in English perfectly, and she can actually speak English. There may be a couple words when she speaks that she may need help, but for the most part, she won't need interpretation. Okay.
We still want to grant 14 minutes.
We're still going to give you 14 minutes since this was noticed as a translation case. Okay.
Good morning. My name is Maria Aguilar. My address is 1724 Stalkop Road. And I built concrete because I have like two mayor hits on my son's car. And I have about like three side mirror because they drive by and broke it. And And there's like a bus stop like in front. So sometimes it needs space. In front of my house, there is like no another house. So I can't park on the other side because as well there is the bus stop. And that's why very much I need the... The full concrete on my house.
You still have plenty of time. If there's anything else you want to add.
Sí, lo que pasa es que necesito el concreto porque le han pegado tres veces, dos muy fuerte. De primera vez, mi esposo lo pudo arreglar, pero la segunda vez ya era muy… Fue perdida total. Los otros, solamente uno fue un raspón y de los otros fue que le han quebrado los vidrios a tres carros.
Yeah, I really need the driveway because they've already hit my car multiple times. Two really bad accidents. One resulted in a total loss. The other one, my husband was able to fix it with a great expense. And other times they've also hit my side roof mirrors on the vehicle. So that's why I'm requesting the driveway.
So plenty of time. If there's anything else you want to add.
And also, when I don't have entry from the rear, I don't have an alley. And so that's why I also made the pavement in the front.
And also collected signatures from my neighbors that they're in agreement with me as well.
And don't worry about the bell. You still have time if there's anything else. Yeah.
Yes, because my son was parked.
It's my son's car that got lost. So, he grabbed a truck and had to park on the other street because in front of it was the bus.
Yeah, and so the car that got totaled was my son's car. In the past, he had to park on the other street because the bus blocks the other side of the street. And so that's why we put it in the pavement. Basically, that's it. Okay.
Thank you very much. Is there anyone else here to speak in support of this case? Okay, having seen none, is there anyone here to speak in opposition?
Mr. Chair, we did receive one email of opposition for this case.
Okay, thanks. Can we please put that up? Okay, is there anyone else here to speak in opposition? Okay, having seen none, I am going to open it up to questions from the board to the applicant.
Yes, sir, Mr. Wooden. Yes, how many cars do you own?
Five. Five, okay.
So I assume you're parking two in the garage
No, my husband works making fences, so he has a lot of tools, and he has like a four-wheeler. My sons have dirt bikes. My daughter has another four-wheeler, so they are in the garage. We cannot leave them outside, and there is no way to bring them to the back.
Okay, thank you.
Any other questions for the opt-in?
This is Johnston. I want to make sure I understood you. Am I correct that you installed the concrete in the front yard on the other side of your driveway?
Did you attempt to get a building permit or talk to the city before you did that?
No, I didn't know that we need a permit for the concrete.
Thank you. Any other questions? Ms. Powell, go ahead.
Did you have something? Yes, I did. How far, I'm very familiar with Star Cup. It's a very busy street. How far from JPS, JPS doctor's office that's on that street and the elementary school Do you live?
They are on the other side of the street, and I'm near the by the nursing home.
OK. OK. Thank you. Ms. Duffy, did you have something?
I probably have some staff questions.
Any other questions for the applicant right now? Go ahead, Ms. Duffy, if you want to ask staff questions.
So my question is, so concrete at 100% is against the law, but gravel, what surfaces, what parking surfaces would not violate the ordinance?
So commissioners, this is Maribel. In the parking ordinance, anything that will be used for parking purposes must be dust free and a hard surface. If she would earlier the Commissioner asked about I believe it was was it sod I'm not sure what I can't recall exactly what he asked, but it was Artificial so anything that's gonna be used as parking must be dust free and a hard surface if it is not then it would not count or that it would not be able to be used for parking purposes and
So is there a dust-free surface that doesn't violate the pavement?
It would be either concrete, asphalt, or compacted in gravel, meaning it's not loose gravel. It has to be mixed with something else and then be compacted in.
So would compacted in gravel require this variance?
Mm-hmm.
And just to clear up earlier, I believe she stated she did not get a building permit. A building permit is not required for flat work. She would have had to either call in, come in person, or ask code if she would be able to fully cover her front yard.
Thanks. I learn something every day.
So I have one more staff question. The driveway that was there originally covered what percentage of the front yard?
It appears that it's only before the garage.
Right, what percentage was that? Like how much of this new concrete could still be there
That I could not tell you. I would have had to review the site plan and have the measurements of just the pad in front of the garage.
Yes, sir, Mr. Riley.
I'm looking at the site plan, and it shows... You can get to it. Well, this one might work. Okay, right there, where the red car is. Did they pave to the right of that car?
Is that a staff question or applicant?
Applicant.
Can the applicant answer that question? Is it paved to the right of the driveway?
Where the black truck is.
Where the red car is.
No, that was there.
But to the right of that red car, did you concrete that in as well?
So just to be clear, it's concrete all the way to the property line, fence line to the right of the red car, to the right of that driveway?
Yes, sir.
Thank you.
So, Ms. Duffy, to answer your question, I did locate the building permit for this structure that was finaled in 2021. Looking at the notes on this building permit, driveway coverage wasn't an issue, so it did not exceed 50%.
In 2021?
Yes, with the original building permit.
Just wondering how much of this she's gonna have to take up and how much of it actually maybe could stay.
Commissioners, this is Maribel again. I wanted to just provide a little bit more of clarification. If she were to have placed, even if it was loose gravel where the black truck is located right now, if it was not used for parking, then it would not be an issue. The issue is having full concrete and using it as parking.
I have a question for staff.
Please. So I want to concrete my front driveway and I don't need a permit. At what point am I made aware that I have limitations on what I can cover and I cannot cover?
You would have to contact the City of Fort Worth Development Services or Code Compliance to get that information or look in the zoning ordinance.
Yeah, check the publicly available ordinance.
Yeah, it's available online. I've looked stuff up when I've wanted to do things to find out if a permit's required and side setbacks and stuff like that.
Any other questions for the applicant right now? Okay, I'm going to close the public portion of this hearing, and we will move to questions, or I'm sorry, discussion among the board. If the applicant, you can sit down, but stay close. We might ask questions during this period. So open to discussion or a motion.
I'll just make a comment. I'm not able to support this at 100% coverage. I think it sets a precedent, and then others could emulate the same thing. So it'll be a no for me.
Thank you. I think one thing to note, though, on the uniqueness of this is there is a bus stop in front of a residence that isn't, I think, typical in our city. There are some places that that happens, but I don't think it's typical. So that's something I'd say maybe take into consideration.
And we also mentioned across the street, parking is also not accessible.
Yeah, the bus stops on both sides of the street, one of them literally in front of her house.
That is one of my concerns is that this is a street that has a right-of-way, if I'm reading the maps correctly, 50-foot right-of-way. That means there's about 38 to 40 feet of pavement out in the curb. The bus is usually at least 10 foot wide or nine and a half. The only thing that somewhat bothers me. There is absolutely no green space in the front yard. That's why I was asking about the space to the right of the red car. I don't know what purpose that is other than it's a space I don't have to mow or landscape or maintain. To me, that's an opportunity that's missed, but I don't want to design that project.
Thank you. Any other comments or discussion?
Well, this is Johnson. I'm certainly sympathetic with challenges that Ms. Aguilar may face. However, the standards by which we have to comply with in terms of granting or deciding variances is if there was a condition on the property that was not caused by the owner that creates an unreasonable hardship if the code or zoning ordinance was applied with. Unfortunately, I don't think this situation meets those standards. As a result, I cannot support it.
What about the bus?
The bus is not on her property. Secondly, You know, we don't have any information about whether there is no parking on either side of this street. But again, in my view, that's not a hardship or condition of her property. It's the buses on a road.
Is that a... I'm wondering if, again, if there's some modification that can be made here. And obviously, we don't have the measurements and can't design this. But yeah, I have a great deal of empathy. But on the other hand, I also understand the concerns from the neighborhood of it looking like a parking lot. So I don't know what... 75% coverage would do, I don't know if she's got an option of somewhere else to store the recreational vehicles. This is, again, self-imposed because they have chosen not to use the garage for the purpose it is intended. So I cannot support 100% coverage at all. And I don't know if there's a compromise that could provide some relief for at least one of the vehicles or something. But those are my thoughts.
I think you mentioned that the relief is there. In the garage. Period. Other people don't have that option at all.
She's got five vehicles, and as it is, if that concrete was gone, the new concrete, she has parking spaces for four, so she still is shy one. But that's a lot of vehicles, and that is self-imposed as well.
Yeah.
That's the way I see it. I mean, there are two self-imposed things. Here's one, like there is a garage that's not being used to store vehicles, and even if it were, there'd still be one vehicle too many. And it's not just the appearance caused by the concrete, it's the runoff. I mean, there's reasons, not just the way it looks, it's the way it absorbs water. A question for the applicant. Ma'am, if you would, please stand back up and speak into the microphone. Did you hire someone to put this concrete in?
No, my husband and my brother-in-law. My brother did it.
That's fine. That's the only reason I asked just we seem to and it wasn't the case in this case, but so many times we have people come up here and their contractor didn't advise them to come downtown, the one people who should know. I mean, that wasn't the case here. But I just wanted to curious I just it's sad, but I just can't mean seems to me everything here is kind of self imposed. And I don't know how we get around that. Any other discussion or emotion?
I have a question. Are you able to use your garage? Are you able to access your garage?
In my garage, my husband has, I forgot about that one. My husband has a Hummer. His dad passed away in 2018, and it's not working. It's broke, but he has it in there. He don't want to sell it. So he has the Hummer and then the motorcycles.
And you said some recreational vehicles as well, some four wheelers? Yes.
Three of them? Two four wheelers and two dirt bikes.
Two dirt bikes, okay, thank you.
And a Hummer. Any other discussion or a motion?
tend to see this as self-imposed as well, was trying to come to a solution of if there was a larger percentage than 50, less than 100, that would be acceptable. Because paved surfaces, really only tires need to be on paved surfaces. And we see that in some places in the city where driveways are only paved where the tires are and there's grass on either side and in between.
Yeah, there's also something called a ribbon driveway, which is where the tires go. And my thought is if this was in denial, that we set it up without prejudice so that she could exceed the 50%, perhaps come back with a request to exceed the 50%. By doing some modifications but still having significant green space, there's space to the right of the garage that we're not actually seeing. I don't know if it's sufficient to maneuver a car in. But I don't want to do anything that's so final that she's left without options. So my recommendation, and if we're ready to move forward, I would be willing to make a motion to deny without prejudice.
I second.
Okay. Well, I guess I made that motion.
Right. So we have a motion to deny without prejudice in a second by Mr. Garza. The motion was made by Ms. Freed. Staff, can we please perform a roll call vote?
Yes, we have a motion to deny without prejudice case BAR-26-079. Motion made by Board Member Deborah Freed and second by Board Member Sergio Garza. Roll call vote, Board Member Jim Whitten.
Yes, yes.
Board member Sergio Garza. Yes. Board member Michael Johnston.
Board member Bob Riley.
Board member Deborah Freed. Yes. Board member Whit Wollman. Yes. Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jarrett Wilson. Yes. The motion passes. This case is denied without prejudice.
So your case has been denied, however, it was denied without prejudice, meaning when it's typically a straight denial, you have two years where you cannot come back before to talk to staff or to put another application in. This was without prejudice, meaning you can still do it immediately, work with staff as early as tomorrow on either a new application, working on something on your site plan, but I would reach out to city staff as early as tomorrow to start working on that if you have questions. Thank you. Okay, before we move on to BAR-26-067, we're going to take a five-minute break. We'll reconvene at 11.03 on the dot.
Bust me up. No, no. No, no. I was talking about the... I think that's what it was. The councilman Beckham, Dr. Howell, and Councilman Martinez, didn't they have fun? The winery last week, I think. We're going to go ahead and get started.
Staff, if you would please, let's call BAR-26-067. We're ready when you are.
Next case is BAR-26-067, located at 3633 Washburn Avenue. The property owner is Washburn 3633, LLC, and the applicant is Cattleman Homes. The property is Zone C, medium-density multifamily district, and the applicant is proposing a residential development designed to meet the standards of B, two-family district. The board continued the case to allow the applicant additional time to explore alternative solutions that will comply with the zoning ordinance. The applicant is requesting three variances associated with the construction of a new duplex development. The first request is a variance to the parking location requirements of the B2 family district. The zoning ordinance requires six parking spaces for a duplex containing four bedrooms in each unit. These required parking spaces must be located behind the front building wall. And the applicant is requesting approval to allow two of the six required parking spaces to be located in front of the front building wall. The second request is a variance to the maximum lot coverage requirement of the B2 family district. The maximum lot coverage permitted is 50%. And the applicant is proposing a lot coverage of 52.7%, resulting in an excess of 2.7% over the maximum allowed. The third request is a variance to the driveway coverage requirements for one and two family residential uses. The zoning ordinance limits driveway coverage to 50% of the front yard area, measured between the front property line and the closest location on the structure. And the applicant is requesting approval for 68% driveway coverage within the front yard. The subject property is a 6,000 square foot interior lot located within a redeveloping neighborhood. The property was originally plotted with alley access in 1910 and staff notes the property is not located within a floodplain and it's not subject to any significant environmental constraints and the site does contain mature trees. This is the lot history of the property. The applicant is requesting three variances to allow the construction of a two-family dwelling duplex. The property is currently developed with a single-family residence. However, the applicant is proposing to replace it with a duplex with three stories. The subject property is located within the C multifamily zoning district. The zoning ordinance defines multifamily districts as collectively including the CR, C, D, DHR1, and the DHR2 district, as well as any planned development districts that permit multifamily uses. The applicant is proposing a residential development that is designed to meet the standards of the B2 family district rather than C multifamily district. Therefore, the request has been evaluated based on the applicable development standards of the B2 family district. Variance request A is to allow two parking spaces to be located in front of the front building wall rather than development standards stating that the six required parking spaces for two attached dwelling units, each unit containing four bedrooms, are located behind the front building wall. And the applicant is providing an attached two-car garage for each unit with additional required two parking spaces being provided in a driveway in front of the front building wall. Variance B is to allow 850 square feet of paved surface resulting in 68% driveway coverage in the front yard as measured between the front of the structure and the front property line. The area between the front of the structure and the front property line is 1,250 and the maximum driveway coverage permitted by right is 50% or 625 square feet. The third variance the applicant is requesting is a variance to allow the duplex to exceed the maximum lot coverage of 50%. The proposed duplex will result in a total lot coverage of 52.7%, which exceeds the maximum allowable lot coverage by 2.70%. And if the variance requests are approved, the applicant will be required to meet all other development standards and regulations and obtain building permits. These are the regulations that pertain to the case. And this concludes staff's presentation for BAR-26-067, and staff is available to answer any questions the board may have.
Thank you very much. I have a question. They want to apply, they want to use B, correct, even though they're in C?
That is correct.
Did you give them both options of B and C? Obviously, that's by right that zoning is available.
Yes. Do you know why? We asked the applicant, and they just said that they were going to go with zoning district B, and the applicant could answer more on that.
Okay. And if they did C, would it change any of these variances or special exceptions, or I guess all variances?
We would have to review it.
Okay. But they wanted to come in as B? Correct. Correct. Okay. Thank you.
I have a question.
Please.
From the, just quickly going back and looking at their previous application to this one, it doesn't appear to me that they've altered anything. Would that be correct?
Yes, we had communication with the applicant yesterday. They're withdrawing variance A when they come onto the floor. And for variance B and C, they're going to talk about why they couldn't change it.
Okay, thank you.
Any other questions for staff? Okay, thank you, Ms. Reyes. Is the applicant here? Yes, please come forward, state your name, address, and facts about the case, and you'll have seven minutes.
Hello, my name is Casey Dudley. My address is 721 The Cottages Drive in Godley. I'm here representing Kettleman Homes on 3633 Washburn Avenue. Since the last hearing, we have made some changes to the plans. We reduced the amount of bedrooms. We're withdrawing Variance A to have the third parking spot. We don't need it anymore. We're meeting our parking behind the front building wall, two spaces for each unit with the two-car garage. The other two items the lot coverage and the driveway coverage. The driveway coverage is kind of our biggest variance here. We worked with transportation and right now that block face is fully developed. There is no other empty lots. everyone is coming from the street so while there is an alley it was platted with an alley there is it's undeveloped the entire alley has to be developed and to us that is a hardship to have to develop an entire alleyway for one property to get access from the back when there's multiple properties with this that exceed driveway coverage. And if you look at the street face, even on Google view, you will see that on Harley Avenue and then even on Washburn, even directly across the street from us. So when we talk to transportation, the cost of, we do have to do the entire alley, and the cost of that runs about $1,000 a yard. So from the cutout that is put in on the parallel street, I think it's like, It starts with an O. I don't want to chop the pronunciation on that, but from there just to all the way across our property, that's 208 feet. We can do concrete on the 50 feet. of our property line, but the rest has to be still like asphalt. So just even without going the rest of the alley, which we would have to seek a waiver to not do the entire alley of that block face, but even that 208 feet, you're talking about roughly like a $70,000 alley improvement. It then goes through IPRC. It's pretty substantial for one property. You know, if we were looking at an empty block, it would make sense to develop that alley so that future use as well, people can use it. But we are consistent in what we're asking is consistent with what you see in that neighborhood right now. I also have the property owner here with me. I know last time y'all had a question about the use. He's here to speak a little bit on the use, but it is personal. This is for him and his family and his business partner's family, but he can answer any questions about that. So that's all I've got.
You still have about four minutes.
Good morning. It's good to meet you guys. My name is Graham Stowe. My address is 8729 County Road 1205 in Grandview, Texas. We spend most of our time in Fort Worth and we're very involved with the events at Dickey's and elsewhere around Fort Worth. The space will be used for personal use for my family and my business partner's family. As like I said, we spend a lot of time in Fort Worth. The driveway Cassie touched on this, but in contradiction to some of the streets in the neighborhood, the developer did not construct multiple alleyways, which is including our street, leading to a hardship for many of the homes. More than a dozen homes on or within one street of our home have set a precedent on both the variances that we're asking for, which is 2% over the coverage on our home coverage and then 18% for our driveway space. So I just wanted to touch base on those facts.
You still have plenty of time. Three minutes if there's anything else you want to add.
I would just go to the last page of this slide, or the last slide here. So, oh, back one. So, this is the property on Washburn right across the street. And then these ones on Harley, we basically back up to those properties. And then... There's also not much landscaping. We're gonna do landscaping and trees and stuff in the rest of the front yard. But just showing you guys, if you drive up and down these streets, this is what you see a lot. So the hardship would be developing the alley and then just mostly like we're consistent with the neighborhood. We don't feel like what we're asking for is something that's out of the normal there.
You still got a couple minutes. Is there anything else? Okay. Is there anyone here else that would like to speak in support of this case?
Okay.
Having seen none, is there anyone here that would like to speak in opposition? Yes, ma'am. Please come up. Thank you. State your name, address, facts about the case, and you also have seven minutes.
Good morning, Board of Adjustment. My name is Brenda Helmer. I'm Secretary of Arlington Heights Neighborhood Association. I'm speaking on behalf of that organization today. After the Board of Adjustment generously granted a continuance in July for this case, we were surprised to see this past Friday's published docket, the exact same site plan that was originally filed with no changes. We immediately called and left a message for city staff to confirm if the site plan had changed. On Monday afternoon, by email response from Denisha London, she confirmed that the current site plan was the same plan as presented in July, that it had not changed. We double-checked the docket again on Tuesday last evening and confirmed that it was still the same site plan as from July. Today at this hearing, we're doubly surprised and shocked to discover that at the last minute, the site plan and requested variances had changed without public notice. The docket still seems to show that the last minute amended site plan is not on. Since we've not seen the amended site plan, maybe a continuance on this case should be considered. To refresh everyone's memory, a review of Arlington Heights Neighborhood Association's position statement letter made in July about this case is being distributed to the commissioners. Okay, back to today. My comments will be referring to the original site plan regarding the three requested variances that are still published in the September docket since that's the only site plan we've seen. When considering the requested variances, it seemed to us that the only hardship in this case is its own site plan. Since the building is still in design phase, all the requested variances can be easily remedied by altering the site plan. The only thing encumbering the development of this property is the site plan. The stated hardship of lot size and width is the same hardship faced by many in Arlington Heights. Most of the lots are 50 feet wide and 100 feet deep. Very recent new builds would suggest any of these as irregularities or as hardships that would require this board's special consideration. Most new developments in this area have been built within Fort Worth's zoning ordinance requirements, proof that there's plenty of opportunity for good and profitable new developments following the city ordinance. Suggested solutions include decreasing the size of the building and reducing the number of bedrooms. The application is still in the planning stages. A 10 bedroom duplex is an anomaly for this neighborhood. Where will the cars be parked for this 10 bedroom duplex? On street public parking spaces on Washburn at this site are restricted with permanent signage for permit parking only. The site plan could be designed to reorient the front facing garages to the back of the building using the existing alley for access. Most of the homes on this block face are between 80 and 100 years old. It's no accident they were all built to the same uniform front yard setback. Parking cars in this setback should not be counted toward required parking spaces. Finally, parts of our neighborhood are prone to flooding during intense rain events. There are too many impervious surfaces as a major contributing factor. Several sections of our neighborhood have been designated by the city as local flood risk areas. One of those areas is one block away from the subject property. It's reckless to consider the request to increase the amount of impervious coverage for the slot and driveway by more than allowed by current ordinance. May I suggest these requested variances are wants, not needs. Please deny all three requested variances. Thank you.
Thank you, ma'am. You still have a few more minutes. Is there anything else you want to add?
That's the majority of my comments. Thank you. Okay.
Thank you. Is there anyone here that would like to speak in opposition as well? There's still about two minutes left. All right, having seen none, we will go back to the applicant. You have a rebuttal period of three minutes. Please go ahead.
So I would just say that we did make revisions to our plans. They're in late correspondence. I actually thought that they were sent earlier and Emily had to tell me they didn't get them earlier. That's why they're in late correspondence. But the changes were made to the plan within a week after our first hearing. We did that immediately the same day we got with our architect and changed the plans. We only have a total of six bedrooms, not 10. There's not 10 bedrooms between the two units, it's just six. And there is no change to the site plan. So it's not that the site plan is published wrong, it's not. We just did not need to make any changes to the site plan for the changes that were made to the floor plan itself. It did not change our site plan. The only thing that we could change on the site plan would be to take the parking to the back and as we've explained the developing the alley is the hardship to us here that it's been undeveloped and it's not being used and it would be pretty costly to develop that just to park from the alley. So that's all I got.
Okay. Still got about a minute and a half.
I'd also like to state that, again, you know, with all due respect, there is over a dozen homes that have done this already. So that's why we came to you guys and wanted to talk to you guys about it.
Okay. Still got a little bit of time if you need to add anything. Okay. Good. Okay. Thank you. Okay. I will now open it up to questions from the board for the applicant.
I have a question.
Yeah, Mr. Herrera first, and then we'll go to Mr. Whitten.
Hi. What consideration was taken to make the building structure smaller so that you could get parking in the back?
With what we're trying to do in the space we need, there's not really a way without, we're still going to have the same lot coverage, right? We actually are trying to avoid having as much lot coverage by having the stories that we have. So if we shape the building differently, I mean, it would, I don't know, without having that alleyway that the other streets have, it's a lot harder for us to make what we're needing work on this lot.
What about making it smaller? To me you're trying, it appears when I look at the application that you're trying to squeeze onto a small lot a very large duplex.
The duplexes that we back up to I think either cover the same or more than we're covering. This is the space that fits our needs, and so that's why we're trying to.
We can't look at what others have out there. We have to judge based upon your application. Okay, thank you.
Mr. Wooden? Looking at your concrete coverage, I mean, you're 18% over. Would it be conceivable to use some sort of, instead of a solid driveway, some sort of ribbon driveway?
I mentioned that to her as we walked in. I've seen the striped driveways, which we are totally open to making work. The only thing is they're not matching the rest of the driveway, so I didn't know how y'all would feel about that. We could definitely do that.
I don't know if that gets you the 18%, but conceivably get it closer.
It does. If we reduce to ribbon driveways, it's about 850 square feet of coverage. It would not exceed 50%. So our biggest request here for relief is going to be lot coverage. We just didn't, you know, the look of the ribbon driveways, we feel it would look better to have, you know, direct the full access to the garage. But that variance, yes, we can adjust and get by without it.
Any other questions for the applicant?
Yeah.
Please.
So can you address the reason why you chose to go under B zoning instead of C? Why you chose to?
It's been a minute when that decision was made back in May or June. Since you brought it up earlier, I've been looking a little bit and We probably could and still do it. Yeah, we probably could. It's just a different open space requirement, so I think that the lot coverage still would exceed with the building, but yeah, the rules are just a little bit different, but the size of the building, we probably still would need it, but we could. I mean, we could go either way.
Yeah, and I was unfamiliar too, and I was asking that earlier, whether or not that would change some of the variances or percentages and that kind of thing too, so.
Commissioners, excuse me, this is Maribel. So C would be multifamily. So you would be looking at higher density versus B, which is only two family. Having C multifamily would probably require more parking. They would have an open space requirement, which with a lot this small would be, very difficult to develop because you're looking at an open space requirement between 45% of open space. So they would not be able to pave, build, it would have to be green open space. So parking density and landscaping requirements as well aside from the open space. facade elevations, things like that.
So can I ask staff to bring up a zoning map that covers several blocks around this area?
I think there's one in the staff presentation.
So I did look up and I noticed that no the zoning change It was not the zoning was not changed at any point a lot of large neighborhoods historical older neighborhoods were originally zoned see we see that in historic north side, historic east side. They, for whatever reason, it was just a default zoning. And it appears that this area has not yet been rezoned by our city council.
So what we're looking at, the zoning map, this plan development 897 to the right is Dickey's Arena. The gray box is the property we're looking at, which is a half block away from Dickey's Arena. All of the C, the orange, continues on from what I can tell another couple blocks off to the west here. So this is all designated as multifamily area. Yes. So... The C zoning that requires the open space and the other things that they may feel is an impediment. I mean, these lots are these sizes. There's no way somebody else could miraculously make them better unless they bought a whole bunch and had them replatted to a single property. But in general, our zoning is set up that we're expecting this whole portion of the neighborhood to be multifamily.
So the future land use calls for it to be low density residential.
What zoning classification is that?
That would be A or B.
The future land use is only A or B, not C? Correct.
Correct. And that's part of too, like this is a residential area, so you know, yes, we could build to C and have, like it's set up for higher density, but people live here, we're really building to B because it's like a residential standard. You know, it's more, it fits in better with that neighborhood to build to B instead of C.
Also, our zoning ordinance allows, it's cumulative zoning, meaning the higher density zoning districts can be built to a lower density district.
Right.
Any other questions for the applicant?
Yeah, I've got a question on. So the requested lot coverage is 52.7%. And the maximum allowable is 50%. Was there any consideration given to reduce that to the 50%?
We had spent money on the foundation plans and a few other things on the house already. So we were trying to... proceed forward without changing the coverage on the slab. Okay.
You're asking about B specifically?
Any other questions for the applicant? Okay. I am going to close the public portion of this hearing. We'll open it up to more discussion and or a motion.
I'm not going to be able to support this. The reality is that most of that neighborhood is single family while duplexes are allowed. There is no real multifamily on lots that small. It'd be harder to build a C than it would be to build a B. So that's a given. I do not buy the alley access as being a real hardship. You don't have to access the garage by the alley. And this is a new build. We don't look at, if you're looking at special exceptions, sometimes we look at what else is in the neighborhood. But on variances, we're specifically not supposed to look at other precedents. We're supposed to make our judgments not based upon precedents, nor with concern that they will set precedents. This is a new build. There's no reason why you can't build to the zoning. I will not support this.
Okay, thank you. Any other discussion? And I can take it A, B, and C for myself. A, it sounds like it's been withdrawn. I think staff, that's okay to just disregard, is that right?
The board has already taken action on this case before. So if the board wants to make a motion to withdraw or the applicant has requested, if the board wants to take action on the applicant's request to withdraw the variance.
probably lean to Mr. Johnston and split these up for a vote, but we can wait on that for a second.
Sorry, for number two, I would say... May I add that a withdrawal is a denial with prejudice.
Thank you. Just for me, for my personal, for B, I've got less concern about B. It sounds like C, I might be okay with it, but I also think that it sounds like they're open to some customization as well or some changes. So, just my opinion. Any other discussion?
I'm deeply concerned about some of the things going on in Arlington Heights. I'm glad to see Arlington Heights here. But I think this particular lot is very close to Dickey's Arena, and the way that things are being developed close to Dickey's is very different than the heart of Arlington Heights. I agree with the developers that what's being built, what's been built any time in the past probably 25 years at least, is what you're building. And so I'm game to support these as is, although I really like seeing Arlington Heights come out because I feel like we have some issues that need to be addressed there.
So I appreciate you being here.
Any other discussion or motion?
So it seems like there's varied support and there's acknowledgment that C could be denied and they could still move forward with alternatives.
Right, staff. I mean, it sounds like there's other options for them.
It sounds like the applicant is willing to explore other options, too.
Yeah, and it sounds like there are other options. I still stand in the same place, but we don't always agree.
This one, they've been here before. They always compromise. They work with us.
The building is not changed. They've changed what's inside of it, but the size of the building is unchanged.
Is there a problem with the size of the building?
Yes, the lot coverage. The lot coverage is variance B.
2.7% of it.
Yeah, but it's a new build. They can build within our zoning.
So would you suggest we do a denial without prejudice?
No, I suggest we deny.
But we still have the, we still can allow adjustments which they are willing to work with making adjustments. Then we're only talking about 2.7% over the requirement. That was one of the reasons why this board was created, to look at things and to take in consideration what is brought before us. Sometime our ordinance is outdated. We take in consideration of that as well. So I don't see why we couldn't take in consideration of the 2.7. Not only that, it's in a mixed density. It's close to Dickey Arena. It's what they're building is conducive to that particular area of Arlington Heights.
I see other properties from the aerial map. It's as large, if not larger, than what they're requesting.
The other properties are, for the most part, they're older single-family homes.
That's changing.
Yeah. But they could still change within the ordinance. It's, you know, a little wiggle room here, a little wiggle room there. The ordinance can change. I mean, that's my opinion.
But there are some updates that's needed to be done within the ordinance as well. I can support it.
Yeah. Shall we get this out into a vote?
I have a question for the applicant.
Please go ahead.
What would behoove you guys? I mean, it's not going to pass at this. Are you guys willing to modify your design? And what would help you simplify that transaction?
On the lot coverage or the driveway?
Lot coverage, I think, is the issue, right? What you guys can solve on the lot coverage.
Can you ask the question? I didn't hear the first part of your question, just the end of it.
The actions that we take as a board will sometimes limit your reaction to get back in here. So we want to make it easier for you guys to come back and say, we've modified it, we've done this, we've appeased the neighbors, and everyone's happy.
Yeah, I think to change the lot coverage, we would just need to take away some of the building. We really wouldn't need to come back at that point. I mean, we're exceeding 2.7% of the lot coverage. It's not much. You're talking like maybe 300 square feet out of the property. And the biggest reason that we didn't make that adjustment is like I said, there's already cost involved into this. We've submitted our building permit now. That's really, our building permit's looking great to get approved. We don't have anything outside of this variance. The project has been going since May at this point. It's just we'd like to get started. And then if we change the building and the size of the building, that delays. Again, that just puts another delay. And when we came here before, we only wanted a 30-day continuance, but we were given 60. I talked with Denisha. within a couple of days of that hearing, and we were prepared to come again in August, but because it was granted as 60 days, they could not move us up. So we've just been delayed quite a bit, and we don't feel it's a big ask. I mean, we're barely exceeding that lot coverage. So you could... deny C and we can find a way we can work around that without having to incur extra costs of revising energy reports, foundation plans, everything like that. But B really is our biggest ask today because we can work with the others, but we would like to move forward. Thank you for that.
Sure. Any other discussion, questions, or a motion?
I'll make a motion, and I will make them as three separate motions. For BAR 26-067, Variance B, I move that we deny with prejudice. Do we want to start with A? I'm sorry, did I not, I meant variant A, as for the four bedroom and the six parking spaces, that we deny that with prejudice.
Do you want to withdraw based on the applicant's request, or do you, so they also requested to withdraw that one.
The withdrawal and the denial with prejudice, it serves the same.
Perfect. Yep. Okay. We had a second on that one? Mr. Garza. Okay. Let's vote on the variance A, A, denial as written.
Okay. So we have a motion for case BAR-26-067, variance A, to deny with prejudice. Motion made by Board Member Deborah Freed and seconded by Board Member Sergio Garza. Roll call vote. Board member Jim Whitten.
Board member Sergio Garza. Yes. Board member Michael Johnston. Yes. Board member Bob Riley.
Board member Deborah Freed. Yes. Board member Whit Wollman. Yes. Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jared Wilson. Yes. The motion passes. Variance A is denied with prejudice.
Okay. And for BAR26-067, variance B, and this is one of those reverse things, but I move that we approve as written.
I second.
Okay, so a motion by Ms. Freed, second by Mr. Garza, right? Mr. Garza? To approve. Approve as written.
So we have a motion for case BAR-26-067 for variance B. Motion made by Board Member Deborah Freed and second by Board Member Sergio Garza to approve the request as written. Roll call vote for variance B. Board Member Jim Whitten? Yes. Board Member Sergio Garza? Yes. Board Member Michael Johnston?
Board Member Bob Riley?
Board Member Deborah Freed? No. Board Member Whit Wollman?
Board Member Jana Herrera? No. Board Member Lucretia Powell?
Board Member Kay Duffy? Yes. Board Member Eric Ortega? Yes. Board Member Jarrett Wilson?
The motion fails for lack of non-affirmative votes.
May I make a motion to reconsider?
Yes, because you were in the prevailing party, correct?
Yes. Sorry, were you in the prevailing party? Yes. Then yes, you certainly can.
Okay, motion to reconsider.
Just a motion.
Second. A second motion. Mr. Garza, second. Second. So this is a motion to reconsider the vote on variance B.
Am I allowed to say anything to the board before we reconsider?
Okay. If we're looking at this, we're talking about 2.1 feet on the length of the building. I mean, that's... not very big in consideration for a project that's been delayed for a while. I think as a city of Fort Worth, we try to be developer friendly. I think in this case, it's acceptable at least for me um in consideration for what they're trying to do in in consideration of the other variances requested um and that basically they're they're saying yes they're willing to come into compliance on c uh we're talking about essentially just over two feet and what i feel this board was designed for
My problem is that the requirements of granting a variance is that it is a hardship caused by the property, not caused by the property owner. This is in design phase. Yes, it's a very small percentage, and in my view, it's a small percentage that any competent architect could resolve. Again, it's not about, as far as I'm concerned, it's not about the people or the project. It's about the fact that we're called upon only to make variances if there is a condition on the property not caused by the property owner. I don't see it here.
I'm in agreement. There's no natural, geographic, topical hardship. It is moving into, while it is changing, an existing neighborhood and it's in design phase. And I do understand that it's been dragging on, but it is self-created.
Ms. Powell, do you have something?
Yes. I would like, could we put up the requirements, the board?
The Board of Adjustment. Yes. Yes. Reconsider B. Right now where we are, there's a motion and a second to reconsider B.
Reconsider totally.
Correct, reconsider it totally. We have not voted on that yet.
Just reconsider.
Can you go back?
My understanding is we're reconsidering B in total.
Yes. Correct, yeah.
However a motion is to be stated. Correct.
We need to open the reconsideration.
Then we can have a motion. Right. So if there's no further discussion on the reconsideration, I think we have a motion and a second. You can vote on the reconsideration. Then it's back on the floor. Then it's back.
Yeah, that's normal. We have a motion and a second on the reconsideration from appearance B. Let's go ahead and have that vote.
Excuse me, but I wanted to point out the reason why I asked her to, asked the staff to bring this back up. The situation or hardship is not a separate pose. As they stated, there's no alley and to, to, suggest or insinuate that they should be responsible to develop a whole entire alleyway for access that's That wouldn't be fair to this particular developer. That is something we can take in consideration. The situation or hardship is not self-imposed. The reliefs, I believe the four as well, we could take in consideration. The relief salt will not injure the existing or permit use of the adjacent conforming properties.
That may be true, but variance B is on lot coverage, which has absolutely nothing to do.
Again, I'm going off the Board of Adjustment action. These are some of the things that we can move forward.
May I finish? We're looking at B, which is lot coverage, which has nothing to do with alley access, parking, or any of those other things.
Variance? Again, my point stated, is that the situation is not a self-imposed hardship. It's not. Not only that, as Mr. Wilson has stated, again, we're only looking at 2.7%. And this board, again, as Mr. Sergio has stated, one of the reason why we were considered and it was developed to taking consideration of these things, these matters. So also, I would like to ask Liger, is it possible that a motion for, a substitute motion can be made.
Not until there's a vote.
I thought it was, I'm sorry, I thought it was a motion on the floor already.
The motion is just to reconsider and then somebody's gonna make a motion.
Thank you.
Sure.
So we're at the point where there's been a motion and a second to reconsider B, at which point we would reopen the discussion and or a motion on variance B, which could be anything. So right now, let's go and have a roll call vote on the motion to reconsider B. Beth, would you please perform a roll call vote?
Yes, we have a motion for case BAR-26-067 to reconsider the board's decision on variance B. The board made a motion to approve that motion failed due to a lack of non-affirmative votes. Board member Jared Wilson has made a motion to reconsider and seconded by board member Sergio Garza. Roll call vote for the reconsideration. Board member Jim Whitten.
Board member Sergio Garza. Yes. Board member Michael Johnston.
Board member Bob Riley.
Board member Deborah Freed. No. Board member Whit Wollman.
Board member Jana Herrera. No. Board member Lucretia Powell.
Board member Kay Duffy. I'll just say yes. Board member Eric Arteaga?
Board member Jared Wilson?
The motion to reconsider fails. The motion, the previous board's decision on variance B stands.
No, for reconsideration, it's just a simple majority. Okay, I'm sorry.
So are we reconsidering?
Yes, I have it as seven to four. Do reconsider.
Seven to four, reconsidering. So that motion has been approved. We are now open to discussion or a motion again on Variance B.
For BAR26-067, Variance B, I move that we approve.
Thank you, do we have a second? Second. Thank you.
I'd like to make a substitute motion.
Real quick, motion by Ms. Freed, a second by Mr. Whitten, now a substitute motion by Ms. Powell.
My second motion, I'd like to make a substitute motion in regard to a motion to approve with the majority, super majority .
No, unfortunately, state law requires the super majority for the board, so we can't approve by less than the super majority, which is nine.
So we need to withdraw that motion, or is that motion, it's not even a motion?
It's not a motion. Not necessary. That's what the state requires.
Yes, ma'am.
Okay, so we'll ignore that motion, go back to the original motion after the reconsideration for Variance B, which was a motion by Ms. Freed to approve a second by Mr. Witten. Staff, would you please perform a roll call vote?
Yes. I have a substitute motion. Okay, let's hear it. I would move for disapproval without prejudice.
And that's available, right?
Second.
Okay, so there's two motions on the floor, both have seconds. Second motion is disapproval without prejudice, seconded by Mr. Garza.
Vote on that one first.
Go on that one both, that's current, right?
And that one will only require The majority. Correct. Correct.
Not the super majority. That's just a. Majority.
Denial without prejudice just requires the simple majority vote. Simple.
Got it. All right, staff.
So, hey, what are we voting on? The first one or the second one?
Voting on Mr. Riley's motion, a denial without prejudice. Right, Mr. Riley? Okay. Seconded by Mr. Garza. Okay. Staff, please form a roll call vote.
Okay, the roll call vote is for variance B, motion to deny without prejudice. Motion made by board member Bob Riley and second by board member Sergio Garza. Roll call vote, board member Jim Whitten.
Board member Sergio Garza.
Board member Michael Johnston. Yes. Board member Bob Riley.
Board member Deborah Freed. Yes. Board member Whit Wollman.
Board member Jana Herrera. Yes. This is a motion to deny without prejudice. No. Board member Lucretia Powell.
Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jarrett Wilson.
The motion passes.
Okay. So variance B has passed, which was a denial without prejudice. Okay. Now we're ready for either discussion or a motion on variance.
We have to take action on... No, now you don't take action on the first vote because there's a denial without prejudice. So the first vote goes away. You guys are really putting me through my paces today. But yeah, the case is resolved as a denial without prejudice.
Yes. I move... For B.
For B, yes. Correct, thank you.
I move for BAR26-067, Variant C, that we deny. This is the driveway coverage for which we saw other solutions.
Can we save time and make this one without prejudice, Deborah?
Sure, why not?
We have a motion to deny without prejudice variance C. Is that right?
Yes. Do we have a second?
Second.
I'm not sure. That's a supermajority. So what does that mean, though?
Simple majority. Simple majority. Denial without prejudice means they don't have to wait the two-year waiting period before being able to come back.
Okay.
You're good with that?
I'll go with it.
Okay. Ms. Freed's made a motion to deny without prejudice on variance C. Do we have a second?
Whitten.
Mr. Whitten, thank you. Staff, please form a roll call vote.
Okay, motion for Case BAR-26-067 for Variant C. Motion made by Board Member Deborah Freed and seconded by Board Member Jim Whitten to deny without prejudice. Roll call vote. Board Member Jim Whitten?
Board Member Sergio Garza?
Board Member Michael Johnston?
Board Member Bob Riley?
Board Member Deborah Freed? Yes. Board Member Whit Wollman? Yes. Board Member Jana Herrera? No. Board member Lucretia Powell?
Board member Kay Duffy? Yes. Board member Eric Arteaga? Yes. Board member Jarrett Wilson?
Okay, the motion passes.
Correct. So for the applicant, variance A has been denied with prejudice, which means that there's a two-year waiting period for you to come back and ever try to apply or talk to city staff just for that variance. For variance B and C, as I understand it, those were both denied without prejudice, meaning you do not have to wait the two years to come back, either file another application or work with city staff on those two variances. The time period of two years does not apply to those two for B and C. Am I saying that right? Okay. Thank y'all very much for being a part of this. Let's try to get through one more. So we're gonna do one more case before we break for lunch. Mr. Riley, are you able to stay for this one?
Okay.
So we are gonna move on to
So Mr. Chair, I would like to request case BAR-26-060 be moved to the end of the agenda.
Okay, let's do that. So BAR-26-060 is moved to the end. We're moving on to BAR-26-073.
This is case number BAR-26-073. This is address 1311 N. Jones. The owner is Heck, Inc., and the applicant is Victor Cortez. This request has four variances. The first variance is a variance to the two-family B district development standard of minimum required lot area to allow less than the required 5,000 square feet for lot 21R. The minimum required lot area is 5,000 square feet. The requested lot area is 3,562.5 square feet. The second variance, variance B, variance to the two-family B district development standard of minimum required lot area to allow less than the required 5,000 square feet for lot 22R. The minimum required lot area is 5,000 square feet. The requested lot area is 3,562 square feet. Variant C to the two-family B district development standard of minimum required lot width to allow less than the required 50-foot lot width for lot 21R. The minimum required lot width is 50 feet. The requested lot width is 37.5 feet. VARIANCE D TO THE TWO FAMILY B DISTRICT DEVELOPMENT STANDARD OF MINIMUM REQUIRED LOT WIDTH TO ALLOW LESS THAN THE REQUIRED 50-FOOT LOT WIDTH FOR LOT 22R. THE MINIMUM REQUIRED LOT WIDTH IS 50 FEET. THE REQUESTED LOT WIDTH IS 37.5 FEET. The subject properties comprise two combined rectangular vacant interior lots totaling approximately 7,124.5 square feet located in a redevelopment neighborhood. Lot 21R is 3,562.5 and lot 22R is 5,562 square feet. There are no mature trees on the property and no presence of floodplain and it is relatively flat. There is no current lot history VARIANCE A, THE APPLICANT REQUESTS VARIANCE TO THE TWO FAMILY B DISTRICT DEVELOPMENT STANDARD FOR THE MINIMUM REQUIRED LOT AREA TO ALLOW LESS THAN THE REQUIRED 5,000 SQUARE FEET FOR LOT 21R. VARIANCE B, THE APPLICANT REQUESTS THE VARIANCE TO THE TWO FAMILY B DISTRICT DEVELOPMENT STANDARD OF MINIMUM REQUIRED LOT AREA TO ALLOW LESS THAN THE 5,000 SQUARE FEET FOR LOT 22R. The applicant requests a variance to the two-family district development standard of a minimum required lot width to allow less than the required 50-foot lot width for lot 21R. The last variance, which is variance D, the applicant requests a variance to the two-family B district development standard of the minimum required lot width to allow less than the required 50-foot lot width for lot 22R. These are the variance request regulations. Again, the lot area is 5,000 square feet. The minimum lot width is 50 feet at the building line. These are the Board of Adjustment actions and staff is available for any questions.
Thank you very much. And before we go to staff questions, just for the benefit of the room, we're going to try to get through this last case before we break for lunch. We typically do a 30 minute lunch and then we'll come back in session. So I just want to make sure everybody's aware.
I have a question. What's confusing me is that I'm – I mean, obviously, these are for two separate lots, A and B, and for the other lot, A and B. But are we looking at two single-family homes, or are we building to the two-family B – are we building – two duplexes on each duplex on a lot that's 36, 35, 62 square feet.
For my understanding, and you may want to confirm with the applicant, but from my understanding, I believe there will be two single family homes on, one single family home on each lot. So he will have to replant to lot 21R and lot 22R. And this case was heard at the last Board of Adjustment meeting. So they should be going through the planning process as well.
So it's currently one lot that's 7,124 that is zone B, is that correct?
From my understanding, yes.
so the the lots are a bit wonky and we spent a lot of time last time on this one um but there are currently um two lots lot 21 and 22. um but There's some wonky things going on with the portions of each lot and the total lot width. So the applicant is asking to just divide to create two lots instead of one lot. The parcel boundaries are what's a little bit confusing with this one.
So if it was not approved and as is plotted, you've got one lot that probably is close to compliance and one lot that would be kind of like almost undevelopable because it's so narrow, is that correct?
So if this, the variances before you do not pass today, the property owner can still build one single family home on this property. The home is allowed to cross the lot lines. So it would be treated as a premise with... one house crossing the lot lines. Thank you.
Any other questions for staff? Okay, thank you very much. Is the applicant here? Yes, sir. Please come forward, state your name, address, and the facts about your case, and you'll have seven minutes. Awesome. Thank you.
Hello, Victor Cortez here, representing Hack Inc. As she mentioned, this is a continuance from the last meeting we were here. You guys gave me a 30-day continuance. We presented lot 21. That's what we're focusing on, and... the owner had asked me to present to build a single family home here. My understanding from you guys was to come back and represent development for the two lots after speaking to the owner of the property, and that's what we're here for now, is to ask for the variance for us to be allowed to build one single family home on each lot, lot 21 and lot 22.
You still have plenty of time. Is there anything else you want to add?
That's it.
That's where I'm at right now.
Thank you.
Is there anyone else here to speak in support of this case? Okay, having seen none. Anyone else here to speak in opposition? Okay, having seen none. Let's go to questions from the board to the applicant.
Last month you were here, could you explain what the confusion was, why we were a little, had trepidation?
Yes, based off of the site plan here, it shows part of lot... Lot 22. What's that, I'm sorry? So here, lot 22 is... So basically it's the lots that we have here, lot 22 and lot 21. Track two is what we're trying to build a single family home and track one is what we're trying to build another single family home. The original plan was to build a duplex here on this lot, but we did not have enough space square footage of the lot to do that. So again, I went to the zoning department and they basically told me to come to the Board of Adjustment Board to request for the variance, the two variances per per each lot that we're doing now. And I believe that was what the issue was. So again, and I believe also there was a misunderstanding that we were gonna build a duplex on each lot, but that's not what we're doing. We're just gonna do, or we would like to do a single family home on each lot.
So has this been replanted? It sounds like it has not yet been replanted. Is that correct? Because it's listed as 21R, which is revision.
Correct. It has not been replanted. No, ma'am.
So that's what it would be is 21R and 22R.
Yes. You don't own all of them. What's that? You're not doing, somebody owns another, one piece of this.
No. This, what we have here on the site plan is ours.
Okay.
Yes, ma'am. Both lots or both tracks.
Okay. But everything we see on this and the one that Richard Salazar underneath are all listed as the address 1311.
So once they go through the planning process, fire is a part of that process and will assign addresses.
Correct.
Any other questions for the applicant? Okay. Thank you, sir. You have a seat, but stay close in case we call you back up. All right, I'm going to close the public portion of the hearing, and we are going to move to board discussion about this case and or a motion.
I've got a question for staff, and that is that if this is approved, how do we... How do we make sure that since it is zoned for B, that it is developed as A?
There's not a way for us to make sure of that. The property owner will have to meet all development regulations to the B district or to the A district. So if they choose to build one family, they'll have to meet those development regulations. Or if they choose to build be two family, they'll have to meet those regulations as well.
So they'll still have to follow those even if we approve something?
I know this area really well. It's my district. We're happy to see someone doing something with it. And I don't have a problem with this at all.
Yeah. I think it would be difficult to do two duplexes or a duplex on 3,500 square feet given parking regulations. My point is they'd have to come back if it was developed as be.
But it'd be easy to do a duplex on 7,000 square feet.
Oh, yeah. That was the original proposal. I wasn't here last month. I apologize. I don't know what all that discussion was, why there was an issue with the duplex.
When the applicant presented.
My memory is not working as well as it used to, but in my memory, he was still looking to build two separate things last month.
The applicant presented last month, and he presented that they had interest in building the duplex. But today he said that they want to move forward with two single-family homes instead.
And as I recall, they were only focused on one lot last month. Yes. There were more questions about the second lot, and I think that makes sense.
So in order to build... To combine 21 and that little sliver, I mean the little sliver 21 and 22, he's going to have to pay for somebody to replant the land, right? Yeah.
So it's not cheap.
Right. Why do we not just have him replant all of this property as one and build a duplex?
I'm sorry. Stacey, can you turn Ms. Duffy's microphone on? Is your green light on?
Yeah.
Try it again, Stacy. Okay, sorry about that. So the build line on this are two 37 and a half foot properties. He owns all of that. The neighborhood's already zoned to let him do a duplex, so he could, I mean, we're not two single family homes, a duplex. If he's building investment property, got pretty much charged the same amount of rent. We're not even costing them that much. But if we have them squished down into 37 and a half foot build line when that's not zoning code, what gain is that for the city?
So the case before us is what the applicant has requested. He can build the duplex on one lot. If the lot has a plat, if it has historically been platted, then there is potential that it doesn't have to be replatted. But if this lot 21, because it's labeled as track 1 and 2, I would assume that there may not be a plat on this property. So if there is a plat, he can go ahead and build the duplex on the property. If not, then he will have to replat it to one lot or replat it to two lots. And what he's proposing today is to replat it to two lots.
What's the trepidation of building two single-family homes as opposed to a duplex?
Because the zoning code says an A5 lot, the smallest size lot that we have in the city, is a 50-foot build line. And 5,000 square feet.
Yeah. So, and we make variances frequently for, we have made width. Typically, the lot size is 5,000 square feet. But it's like just because it's on a curb or something, then.
It's someplace where they have no other choice.
Right.
But in this case, he already owns both lots. He already has to pay a surveyor to go out and replant the lot. And honestly, I think we could make a case he would make just as much rental income on a duplex as he would on two single-family homes.
But he's going to have to re-plat. He's going to have to re-plat if he does two single-family homes. He's going to have to re-plat regardless. Is that correct?
Potentially, if he doesn't have a plat for this property. I believe there is a plat for the property. Any property that has been previously platted can be developed. And he can build a duplex on the property. It's just that he can't build one on the portion that is tract one and one on a portion that is tract two. He can build it across the lot lines. And I think maybe before, they were interested in only building on the portion of the property that's track 21, lot 21, track 2. And then 22 would remain empty. And when he presented last month, I don't think they had any plans for track 1, which is lot 22. OK.
Any other discussion or emotion on this case?
Would you guys be open to building a duplex instead of two separate?
Sir, yeah, you can come back up.
So like I said, originally the owner wanted to do a single family on lot 21, but as you guys had mentioned in the last board meeting that why don't we just develop 22 and I'll let you guys know, I would go to the owner and present him that idea. And now we're with the idea that the owner would like to do one single family home on each track. And I also believe that to build a duplex here, I don't think we meet the requirements of the lot square footage size. That's why I believe, that's what the original idea was when I went to the zoning department to verify if we could build a duplex. And they gave me the idea to build, you know, why don't you go to the Board of Adjustments, build a single family home, and you should be good. And that was, you know, not the case.
No, it seems to be the owner is trying to do what we've been suggesting he do, either us or the staff. So with that in mind, I would like to move that we accept BAR 26-073, A, B, C, and D, but we can vote on them separately.
And accept, mean to approve as requested?
Yes, I'm sorry, approve as requested.
Second.
Second by Ms. Herrera, motion by Mr. Whitten, voting in honor of Mr. Johnston.
Johnston Clause.
Johnston Clause. Staff, could you please perform a roll call vote starting with A.
We have a motion to approve case BAR-26-073, variances A, B, C, and D, as requested by the applicant. Motion made by Board Member Jim Whitten and seconded by Board Member Jana Herrera. The vote will be taken separately. Roll call vote for variance A. Board Member Jim Whitten?
Board Member Sergio Garza?
Board Member Michael Johnston?
Board member Bob Riley.
Board member Deborah Freed. Yes. Board member Whit Woldman. Yes. Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. No. Board member Eric Arteaga.
Board member Jarrett Wilson.
The motion passes.
Thank you. I had nine to two.
All right, let's move to B.
Roll call vote for Variant B. Board member Jim Whitten.
Board member Sergio Garza.
Board member Michael Johnston.
Board member Bob Riley.
Board member Deborah Freed. Yes. Board member Whit Wollman. Yes. Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. No. Board member Eric Arteaga.
Board member Jarrett Wilson. Yes. The motion passes.
Likewise, nine to two.
Let's move to C. Roll call vote for Variant C. Board Member Jim Whitten.
Board Member Sergio Garza.
Board Member Michael Johnston.
Board Member Bob Riley.
Board Member Deborah Freed. Yes. Board Member Whit Wollman. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. No. Board member Eric Arteaga. Yes. Board member Jarrett Wilson. Yes. The motion passes.
Likewise, nine to two.
Let's move to D. Roll call vote for variance D. Board member Jim Whitten. Yes. Board member Sergio Garza. Yes. Board member Michael Johnston.
Board member Bob Riley.
Board member Deborah Freed. Yes. Board member Whit Wollman. Yes. Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. No. Board member Eric Arteaga? Yes. Board member Jared Wilson? Yes. Motion passes.
Okay. Sir, congratulations. All four variances have passed. If you have any questions, please reach out to city staff as early as tomorrow.
Awesome. Thank you, guys. Thank you. Appreciate it.
Okay. We are breaking for lunch, and we will be back at 1 p.m., 1 o'clock. Thank you. All right, we're ready to get going again. Let's start with BAC-26-031. Staff, we're ready when you are.
The next case is BAC-26-031 located at 3710 Dean Road. The property owner is Fort Worth ISD and the applicant is Michael Cato. The property is owned K Heavy Industrial. The applicant is requesting a special exception for a monument sign with electronic changeable copy in an industrial zoning district located on the western property line. The subject property consists of approximately 42.34 acres and is located west of Dean Road. The subject property has a 0.79% overall slope from the northern property line to the southwest property line, and the property does contain mature trees and is not located within a floodplain. This is the lot history for the property. There is currently an ECC monument sign awaiting client reply, which is pending the outcome of this case. Applicant is requesting one special exception to allow electronic changeable copy on a monument sign in an industrial zoning district. The zoning ordinance states in section 6.411A, electronic changeable copy signs may be permitted by a special exception on the board of the adjustments in commercial, industrial, mixed use, and community facilities zoning district subject to certain conditions. One, the presence of other electronic changeable copy signs in the vicinity. Two, the visibility from residential districts. Three, the street classification of the adjacent roadways. And four, the proximity to scenic areas or corridors. There are no other electronic changeable copy signs near the vicinity. There is residential neighborhoods near the vicinity. Dean Road is a major collector road, and the site is not within a scenic area or corridor. The applicant is requesting to allow electronic changeable copy on a monument sign in an industrial zoning district. The proposed monument sign complies with the maximum allowable area. The proposed total sign is 78.24 square feet. The advertised area is 42.02 square feet, with the ECC portion of the sign being 12 square feet. And the requested ECC is 15.34%, where a maximum of 25% is allowed. These are the regulations that pertain to this case. And these are the board's actions, and this concludes staff's presentation. I'm available to answer any questions the board may have.
Thank you. Any questions for staff?
Quick one.
Please.
Why is a school zoned as an industrial property? That'd be industrial.
We really don't know, but schools are allowed in all zoning districts, so they can purchase any property and build.
Any other questions? Okay. Thank you, Ms. Reyes. Is the applicant here? Yes, sir. If you would, please, both of you, state your names, address, facts about the case, and you'll have seven minutes.
Are y'all both in support or application?
Yes, owner, applicant.
Yeah, I think you can use both, right? They can use both. You'll have seven minutes total together.
Okay.
Thank you. Good afternoon. My name is Mike Naughton. I reside at 3716 Lost Creek Boulevard in Fort Worth. I'm the Executive Director of Facilities Planning at Fort Worth ISD, and I'm here representing the district with this request. This past spring, a campus site-based decision-making committee at Cesar Chavez Elementary in the Diamond Hill neighborhood reviewed surveys and feedback from over 500 community members to select a new name for the school. School name changes are fairly rare. The committee selected Esperanza as their recommendation. Esperanza means hope in Spanish. In May, the board of managers unanimously approved this change. And not to speak for them, but to paraphrase their discussion that evening, the expression of hope was fitting for the circumstances and the community. And in June, after school was out, new signage and branding started going up. So our request for this special exception today is an extension of that process, highlighting the importance of this campus to the Diamond Hill community and reinforcing and celebrating the local stakeholders' wishes around this change. A changeable copy sign will improve visibility of the messaging around the campus events, really allow us to have rotating promotional info, better engagement with the neighborhood in general, and that is all I have. I know seven minutes is a long time, but Mr. Cato?
I'll just speak to the design of the sign. Could you state your name, address? Yes, Michael Cato, A&M Signs, 1305 Ranchers Legacy Trail. Thank you. So I'll just speak to the design of the sign. We were making the design consistent with another Fort Worth ISD school. This one's smaller to fit the circumstances here. And we did work with staff with Fort Worth to make sure that this design and layout was in accordance with everything that you all desired of it.
Yeah, and you can pull that mic a little bit closer. Sometimes it'll fade in and out.
But yeah, that's pretty much it. We made sure that it was... conforming to every other standard that y'all had so that the only thing needed was just to approve the message center.
Okay, thank you. You still have about five minutes if there's anything else you guys want to add. Good, okay. Is there anyone else here to speak in support of this case? Okay, anyone here to speak in opposition? All right, I will open it up to questions from the board. Any questions? Any questions?
This is Johnston. Is there a sign that's the same as this one, just with another name, Chavez Elementary School, or is this a new sign?
So this would be replacing an existing sign, the one that I was saying that was kind of the same design. I don't know what school that is, but it's another Fort Worth ISD school. I don't remember. Okay.
Was the existing sign, did it have electronic...
It did not, no, sir. It had a changeable copy, I believe. It should be, the before and after should be in the files that were submitted.
Okay. Is this also designed to have moving images on it?
It could have moving images. I believe, if I'm not mistaken, the city does not allow that, and so it would be static images. But I may be mistaken on that, but I believe that's the case, that it needs to be static images that have a refresh rate of, I think, one every 12 seconds or something.
Okay, and what type of lighting is on the lighting portion of the sign?
That portion would be internally illuminated LEDs, and the letters themselves are pushed through acrylic letters so they have a soft glow.
Is there any timers on the signage on the electronic portion?
On the electronic portion, yes. That's all controlled online, and so we can put timers in place to turn them off at 10 o'clock or whatever time we need to. Yes, sir.
Thank you. Any other questions for the applicant?
Yes, I want to make clear that I heard you correctly. You said in doing this project, you made sure that you was in compliance with all the requirements with the staff, correct? Yes, ma'am. If there's no other discussions, I'd like to make a motion.
Well, we're still in the question phase for the applicant, but hold your thought.
Okay.
Are you ready? Yeah. When we're ready. Any other questions for the applicant?
I mean, I have one more. Is the display portion of the sign, is that visible to other houses or toward the residential areas?
I would not know the answer to that for sure. Best I recall, there is a wall up between the road and the houses on the other side. I'm not 100% sure on that, but I believe that is the case.
Well, is the sign perpendicular to the road as opposed to parallel to it? Right. Yes, sir.
There is single family residential directly across the street. It will be the rear of those properties, in some cases the side yard of those properties, but there is a screening fence there.
Any more questions for the applicant? Okay. Thank you, guys. I'm going to close the public portion of this hearing, and we will open it up to board discussion and or a motion. Ms. Powell, if you're ready.
Yes, I'd like to make a motion to approve BAC 26031 as written.
Thank you.
Second.
Second by Mr. Garza. Staff, could we please perform a roll call vote?
Yes, we have a motion to approve case BAC-26-031 as requested by the applicant. Motion made by Board Member Lucretia Powell and seconded by Board Member Sergio Garza. Roll call vote. Board Member Jim Whitten.
Board Member Sergio Garza.
Board Member Michael Johnston. Yes. Board Member Deborah Freed. Yes. Board Member Whit Woldman. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Yes. Board Member Eric Ortega? Yes. Board Member Jared Wilson? Yes. The motion passes.
Congratulations. Your application has been approved. Should you have any questions, reach out to the staff as early as tomorrow. Thank you. Appreciate it. All right. We are moving on to BAC-26-026. Ms. Reyes, we're ready when you are.
The next case is BAC-26-026, located at 701 East Bonds Ranch Road, which is also known as 311 East Bonds Ranch Road. The property owner is CB Direct Bonds Ranch LP, and the applicant is Edwards Sign Service. The property is zoned F, General Commercial. The applicant is requesting a special exception for a monument sign with electronic changeable copy in a commercial zoning district located on the southeast property line. The subject property is a 1.77-acre lot and is located at the northwest intersection of Bond Ranch Road and Blue Mound Road. The subject property has a 1.6% overall slope from the northern property line to the southern property line, and the property contains mature trees and is not located within a floodplain. This is the lot history for the property. There is currently an ECC monument sign awaiting client reply, which is pending the outcome of this case. Applicant is requesting one special exception to allow electronic changeable copy on a monument sign in a commercial zoning district. The zoning ordinance states in section 6.411a, electronic changeable copy signs may be permitted by special exception of the Board of Adjustments in commercial, industrial, mixed use, and community facility zoning district subject to certain conditions. One, the presence of other electronic changeable copy signs in the vicinity. Two, the visibility from residential districts. Three, the street classification of the adjacent roadways. And four, the proximity to scenic areas or corridors. There are no other electronic changeable copy signs near the vicinity. There is residential neighborhoods near the vicinity. Bonds Ranch Road is classified as a major arterial and Blue Mound Road is classified as a neighborhood connector. and the site is not within a scenic area or corridor. The applicant is requesting to allow electronic changeable copy on a monument sign in a commercial zoning district. The proposed monument sign complies with the maximum allowable area. The proposed total sign area is 92 square feet and the advertised area is 49.87 square feet, with the ECC portion of the sign being seven square feet, meaning the requested is 14.04%, where a maximum of 25% is allowed. These are the regulations that pertain to the case. And these are the board actions and this concludes staff's presentation. I'm available to answer any questions the board may have.
Thank you very much. Questions for staff? I have a question. Please.
So residential, I can see on, perfect. Those are much larger lots and they don't sit, they don't back right up to, the homes don't back right up to where the 7-Eleven is going, correct? Or the signage?
That is correct. We didn't confirm the zoning because it's not within city limits. It's within Hazlet, but it is residential. Thank you.
Any other questions for staff? Okay. Thank you very much.
Is the applicant here?
Yes, sir. Please come forward, state your name, address, and the facts about your case, and you'll have seven minutes. Thank you, sir. Thank you.
Good afternoon. Chris Edwards, 239 West Davis, Duncanville, Texas. I'm the owner of Edwards Sign Service, and we do meet all of the code requirements. the allowance and everything we have for this sign. The reason I'm here today is to ask for special permission for the LED portion. It's a little different than the sign you just heard, changeable copy. This particular sign, its only purpose is to display gas prices. So it will not change. It'll just be prices. It'll be numbers, so it won't say, like, Coke special or Slurpee special or no graphics or anything like that. The sign is built with a dimmer during the day. It will be at a certain percent. At night, it drops down to 50%. So the brightness does drop down for the evening. The rest of the sign will be lit by internal LEDs. And like I said, we do meet all other requirements. We're just here to ask for special permission and I'll answer any questions you may have.
Thank you, sir. You still have plenty of time if there's anything else you need to add. I think that's about it. Okay, thank you. Is there anyone else here to speak in support of this case? Anyone here to speak in opposition? Okay, having seen none, I will open it up to questions from the board.
I've got one question. Please. Is this, I mean, we see you frequently. Yes, ma'am. Larger than most of the 7-Eleven signs?
No, ma'am. It's standard size. It's the same one that we've been asking for in the past times I've been here. And like I said, it does meet the city requirements. And pretty much all the 7-Elevens, they like to do things cookie cutter. They'd like to do the same thing. To them, it's all about branding, everything looking the same, the colors, the orange, the red, the green, the way the canopy looks, the way everything. So it is a standard size, and it's the same size that we've been asking for in the past.
Thank you.
Yes, ma'am.
And it looks like the face on the 711 is a little bit embossed, or it's a little bit off. Is that right?
The 711 is a pan-embossed face. Okay.
And literally just the prices, just the numbers are the LED. That's the only changeable. That's correct. Regular unleaded diesel all stays.
Yes. And that will be on 24-7. So there's two circuits that run that sign. So that sign will stay hot 24-7. The 7-Eleven portion of it will be on time management and it will come on and off. Like when the canopy lights, the parking lot lights, accent lighting and stuff like that, it will be on a separate timer.
Okay. Any other questions for the applicant? Okay. Thank you, sir. I'm going to close the public portion of this hearing and open it up to discussion or a motion among the board.
I'll make a motion. Please. BAC 26-026. I move that we approve the special exception for changeable copy. I second. Thank you, Ms.
Freed. Seconded by Mr. Arteaga. Let's perform a roll call vote, please.
We have a motion to approve case BAC-26-026 as requested by the applicant. Motion made by Board Member Deborah Freed and seconded by Board Member Eric Arteaga. Roll call vote. Board Member Jim Whitten. Yes. Board Member Sergio Garza. Yes. Board Member Michael Johnston. Yes. Board Member Deborah Freed. Yes. Board Member Whit Wollman. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy? Yes. Board Member Eric Arteaga? Yes. Board Member Jared Wilson? Yes. The motion passes.
Okay, sir. Congratulations. The application has been approved. Should you have any questions for city staff, please reach out as early as tomorrow.
Okay, thank you.
All right, we are moving on to BAC-26-030. We're ready when you are.
The property is located at 5903 Sycamore School Road. The property owner is Encore Electric Delivery Co. with the applicant being Travis Inker and the zoning district is AG Agricultural District. The applicant is requesting a variance to the maximum height allowed in an agricultural zoning district to allow construction of an electric power substation that exceeds the maximum permitted height of 45 feet. The applicant is requesting the height to be 65 feet. The subject property is a 8.742 acre property located to the north of Sycamore School Road. The property contains several mature trees, no presence of floodplain, and the project specific area is relatively flat. The subject property currently contains an electric power substation that is proposed to be reconstructed. The property is surrounded by a variety of zoning districts. The property to the north is zoned AG Agricultural District. The property to the east is zoned G Intensive Commercial. The property to the south is zoned C Medium Density Multifamily. And the property to the west is zoned PD 1064 Plan Development with it being MU-2 High Intensity Mixed Use. applicant is requesting a variance to allow an electric power substation to exceed the maximum permitted height the subject property is zoned ag agricultural district which permits electric power substations with a maximum height of 45 feet The electric power substation is proposed to have a height of 65 feet, which exceeds the allowable height by 20 feet. And if the variance request is approved, the applicant will be required to meet all other development standards and regulations. These are the regulations that pertain to the case. This is the board's actions, and this concludes staff's presentation. And I'm available to answer any questions the board may have.
Thank you. Questions for staff? Ms. Duffy? Make sure you grab your mic.
I just want to see the one slide that has the zoning code on it. The one that has the applicable regulations, the second to the last one you had.
I'm with you, Ms. Duffy. This is the height specifically because it's AG? Correct. So there's an exception for telecommunications, but there's no specific guidelines for power companies, power facilities?
That is correct. We're going based off of the zoning district, which allows only 45 feet. Okay, thank you.
Could you go back to the elevation? Do you know, is the entire substation 65 feet? Is it just this portion? It looks like a tower right here. Do you know anything about the details of what that?
I believe it's just going to be this portion, but you could ask the applicant as well.
Thank you. Any other questions for staff?
So is this the only parcel zoned ag right now? Like everything around it is not ag anymore. Wait, to the north is still ag.
I think that's right from what she said.
Property to the north is agriculture and everything else is different.
And if it got zoned industrial or something, would we be here for this variance?
Any other questions for staff? Okay, thank you very much. Is the applicant here? Yes, sir. Please come forward, state your name, address, or both names and both addresses if your partner's going to speak. And you have seven minutes.
Thank you, Board. My name is Ashton Miller. I am a project manager in our right-of-way group with Encore. I appreciate y'all taking the time this afternoon to hear our case. Our request is for a height exception to our static mass. We are in the process of going through the development services review process of getting our new site plan and drainage plans and everything approved. What we're doing on this side, we currently have two transformers that were constructed in 1983 whenever this property was initially a part of Tarrant County. It was later annexed in 2013 and applied the Agricultural Zoning District to the property. As I mentioned, we're redoing the substation, adding two more transformers. We're updating the static mass, which is the lightning deterrent piece of equipment related to the substation. We do have that height being 65 feet, which is taller than the majority of all of the equipment, excluding the transmission lines that dead end at this substation.
um so happy to take any questions that you may have appreciate y'all here in our case today sure and you still have about six minutes if there's anything else you want to add nope appreciate it okay is there anyone else here to speak in support of this case okay anyone here to speak in opposition all right uh i will open it up to questions from the board miss herrera
Can you tell us why you need the exception? I heard you say something about lightning, but why should it be higher than the 45 feet? If you can explain that.
Yeah, so Encore follows all of the, it's called FERC, Federal Energy Regulatory Commission, North American Electric Reliability Council, as well as the regulations that are on Um, us as an organization as a transmission service provider. Um, and so we are meeting all of our federal and state guidelines for how we design our substation. Uh, one of which being the static mass, which is a lightning deterrent, so that if lightning strikes within the area within our property, it does not, it's not attracted to the other electrical facilities. It is attracted to the static mass.
So this is a remodel, so are you beginning to remodel other areas like this and would need something of that height then come before this board?
Potentially if the zoning regulations don't allow for that height.
Okay, thank you.
You're welcome.
Ms. Duffy, did you have something?
Well, I just wonder, does Encore have a position why you came to get a variance instead of a zoning change on that property?
Uh... It was, I guess the best way I can answer that, it was not directed by staff and it is an existing use allowed within the agricultural zoning district. And so we felt that there was no need to change the zoning district as it is an allowed use. So we're existing and doing the necessary additions to our existing substation within the existing zoning district.
You don't have any particular, particular reason you selected to stay as an ag?
So, Ms. Duffy, typically when the use is allowed in a district that is existing, it's not recommended that they change their zoning district. If it was more than just one variance and the site poses more of a hardship for the applicant where they may have needed three or four variances, then the zoning land use team may suggest a zoning change for this site. But their use is existing and it's allowed in the current zoning district. Staff would not generally suggest a zoning change.
This is Johnston. You mentioned a number of regulations that you are, that Encore seeks to comply with. Do any of those regulations require that the static mask be taller than 45 feet?
Off the top of my head, I don't know the specific section, but I'm not an electrical engineer. I'll just put that out there on the table for everybody. But I know that our electrical engineers and everybody that goes into designing these stations, there's a reason for everything that we do. And as I mentioned, we are regulated by federal requirements, state requirements. And typically with lightning, just speaking from a practical matter, you would want those structures or anything that's a lightning deterrent, like the static mass, to be taller as it is coming from the sky to the ground. So that's probably the best way I could answer that.
Well, I'm not an electrical engineer either, but I would love to know the answer. And maybe you can answer this. These transmission towers that we see on the photograph behind the brick wall, do you know how tall they are?
Those are the current static mass, correct? Right. Yes, it is actually. The current one, the older one, like I mentioned, this one's built in 82. But yeah, it's right there on the left-hand side of that picture.
Do you know how tall that is?
That one's 65 feet. So I think it's just an addition of it. Additional static masks, those are not coming down and being replaced?
We're actually redoing that one. Okay. So what's there today essentially will be there in the future. To the same height that they currently are? Yes, sir. That's correct.
So the current static mask is the one on the extreme left side of the photograph?
There's three in there. There's three? Yep. So all three masks are static masks. There's a wire that goes between them.
Okay. So all three of those are 65 feet? Yes, sir.
Any other questions? Mr. Wilson, do you have anything else?
Transmission lines coming in, what height are those typically at?
Those are typically over 200 feet. Okay, so we're substantially... 100 to 200 feet, just depending on how it's dropping down into the station.
Yeah, so we're substantially less than the transmission lines coming in to the station.
Ms. Herrera, did you have something?
It's been answered, thank you.
Any other questions for the applicant? Okay. Thank you, sir. Thank you. I'm going to close the public portion of this hearing, open it up to discussion among the board or a motion.
I'd like to make a motion to approve BAC 26030. Second.
Second.
So we have a motion by Mr. Wilson to approve, second by Ms. Powell. Staff, could we please perform a roll call vote?
Yes, we have a motion to approve case BAC-26-030. Motion made by Board Member Jared Wilson and second by Board Member Lucretia Powell to approve as requested. Roll call vote. Board Member Jim Whitten.
Board Member Sergio Garza.
Board Member Michael Johnston. Yes. Board Member Deborah Freed. Yes. Board Member Whit Woldman. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Yes. Yes. Board Member Eric Arteaga? Yes. Board Member Jared Wilson? Yes. Motion passes.
Congratulations, sir. Your application has been approved. Should you have any questions, reach out to city staff as early as tomorrow. Thank you all. Okay, we are moving on to BAC-26-027. Ms. Reyes, we're ready when you are.
The property is located at 127 Northeast 14th Street. The property owner is City of Fort Worth, with the applicant being Chris Magalhanes. The zoning district is J, Medium Industrial District. The applicant is requesting three variances. Variance A is to the requirement that accessory structure shall not be constructed or placed on a lot without a primary use to allow a non-habitable accessory structure, a smokehouse, on a lot without a primary use. Variance B is to the requirement that the minimum projected front yard setback standards to allow a smokehouse within the projected front yard. The applicant is requesting three feet where 20 foot is supposed to be. Variant C is to the requirement that accessory structures located adjacent to a residential district shall be limited to the maximum height of 10 feet to allow construction of an accessory structure, a smokehouse, that exceeds the maximum height permitted. The maximum height allowed is 10 feet and the applicant is requesting 24 feet and eight and one half inch. The subject property is a 1.98 acre interior lot located as a parking lot located in an area characterized by a mix of residential, industrial and mixed use development. The property was plotted in 2003 and the site contains several mature trees and is not located within a flood pane. The property has a gradual 2.75% downward slope extending from the northwestern corner toward the southeastern corner, and the subject property is Zone J, medium industrial district, with the eastern and northern adjacent properties being Zone A-5, one-family district, with the western adjacent properties zoned MU-1, low-intensity mixed use, and the southern adjacent properties being Zone B, two-family district, and the property is owned by the City of Fort Worth and is proposed to be occupied and operated by Panther Islands, VARIANCE A IS A VARIANCE REQUEST TO ALLOW CONSTRUCTION OF A SMOKEHOUSE ON THE SUBJECT PROPERTY WITHOUT A PRIMARY USE OR A PRIMARY STRUCTURE. THE PROPOSED SMOKEHOUSE IS 30 FEET WIDE BY 26 FEET AND TWO INCHES LONG AND 24 FEET AND EIGHT AND ONE HALF INCH IN HEIGHT WHICH COMES OUT TO APPROXIMATELY 785 SQUARE FEET. Variance B is a request to allow the construction of a smokehouse within the projected front yard. The projected front yard is determined based on the adjacent property to the east, which is zoned A-5, one family district, and requires a minimum front yard setback of 20 feet, and the proposed smokehouse would encroach into the projected front yard setback, resulting in a 17-foot setback deficiency. Variant C, the applicant is requesting an additional variance to the requirement that non-habitable accessory structures shall be limited to 10 feet in height to allow construction of a 24 foot eight and one half inch tall non-habitable accessory structure, which is a smokehouse. The ordinance states if adjacent to a residential district, the height of the accessory structure shall be limited to a height of 10 feet. The height of the accessory structures shall be measured from the ground to the highest point of the structure, and the height of the structure may be increased to a maximum height of 12 feet, provided that for each one foot in height over 10 feet, the accessory structure is set back an additional two feet from the rear and side yard setback requirements in the district applicable to the non-residential use. And the proposal is required to meet all other development regulations. These are the regulations that pertain to this case. These are the board actions and this concludes staff's presentation. I'm available to answer any questions the board may have.
Thank you. Any questions for staff? Please, Ms. Herrera.
So this is a little unusual. So the parking lot is owned by the city. Correct. But the city is allowing someone to come and build their business in a portion of the parking lot.
Yes, yes.
So the proposed structure is an accessory structure to the existing restaurant building that's on a lot that's directly adjacent to this lot that's owned by the city. Can you point that out? It's to the left, right at the corner.
Where it says Story Brick Commercial?
Yes, existing restaurant, yes.
What restaurant is it, just so we can place this in our minds?
La Playa, I think.
So that's La Playa Maya on the north side.
So that's the setback, why they're having, that's the other part too? Yes. Okay.
And do you know what the relationship is? Is there a contract or a lease or a ground lease or do we know what that is with the city with regard to the property?
We do understand that the city and the property owners are entertaining a lease agreement, but the applicants will be able to speak more to that.
Okay.
The city did sign and acknowledge the Board of Adjustments application.
Any other questions for staff? Okay. Thank you, Ms. Reyes. Is the applicant here? Yes, sir. Please come forward, state your names, addresses, and facts about the case, and you'll have seven minutes.
Good afternoon. My name is Natalie Ayala Hall. I am at 1225 Verona Way in Keller, Texas. I am actually the representative from 1540 North Main. My family owns the building and we previously operated the La Playa Maya building out of there. We have since closed that location and are looking for a new tenant. We have been very excited to entertain Elise with Panther City Barbecue and Chris is here to speak more on that. I do want to just set the context because I think without the context of how these parcels work together, it can be a little bit confusing. And so essentially, we own 1540 North Main, and it's a little difficult to see, but we are essentially taking up the majority of our parcel. And so when we met with Chris, he said he needed a smokehouse building. And so we originally approached the Mercado building, which is just directly south of us, and we spoke with those owners, and they said we'd be happy to – see panzer city um here on our property adjacent to our property we're happy to work with you um but unfortunately because of um the layout there really wasn't a space on their property that would work and so then they did mention you know we have this master lease with the city of fort worth for the parking lot directly adjacent to us The site that you can see here, this square, was the best option that we were able to find. When we communicated with the city, the city was also very open to working with us, acknowledging that we would be removing a few of the parking spaces within that parking lot. And so that is the reason that we are having to essentially request this as an accessory building without a primary structure because of the fact that it's going to be built on a parcel that does not have any sort of vertical development. It is simply a surface parking lot. However, what we are requesting from the Board of Adjustments is to consider it as an adjoining use to the parcel that is directly adjacent to it on that 1540 North Main. So it would not be operating separately from 1540 North Main, it would be directly tied to it. And the lease agreement that we are currently still negotiating with the city, it would run with the term of the lease of Panther City, so that use would go away once, if they decided to terminate their lease with 1540 North Main. There are, I do want to also point out, I think it's a little bit misleading saying that the setback, the three foot setback, that's really being triggered by the A5 single family. I don't know if we have a zoning map that can show exactly where that A5 zoning is in relation to this. I do also think it's important to point out that all of this is zoned J, medium, industrial. It's a very non-offensive use for what would actually be allowed by right on this property. You can see that A5, it's not zoomed out, but essentially that A5 is the parking lot of a school. It really operates as an island. It's a surface parking lot. It's not where any homes would ever be built. It's tied to the school. For whatever reason, that parking lot is zoned A5. When you're thinking of what is the intention of the setback to avoid an accessory building being offensive to someone's front yard and not being in their line of sight, that's not the case here. It's very different. There are some single family uses across the street. but you can see that it's not zoned single family. I do want to also point out that we had the opportunity to meet with the Hispanic Chambers Economic Vitality Committee and the Northside Neighborhood Association, and everyone was very supportive and excited about the fact that there might be such an exciting use in that building, and I'll stop there.
Yeah, you still have plenty of time. You've got about three and a half minutes.
Can I switch it over?
Sure, yeah, please.
Good afternoon, my name is Chris Magallanes. I live at 1219 Claircourt in Burleson, Texas. And I think Ms. Ayala pretty much covered all the specifics of it. I'm a barbecue guy. I can speak to the use of the building itself and what we're trying to accomplish here, but it is a necessity for us to do our job and smoke the barbecue in the style that we do.
And you still have plenty of time if there's anything else you want to add. That's it, sir. Okay, thank you.
Anyone else here to speak in support of this application?
Okay, anyone here to speak in opposition? All right, having seen none, I will open it up to questions from the board. Ms. Herrera.
So this is strictly a smokehouse, and then you're having your restaurant in one of these buildings?
Correct. The restaurant would be based inside the old La Playa Maya, and the smokehouse is where we house the smokers and actually smoke the barbecue.
Thank you. Before we move on, we do have support for this case.
Okay, thank you. Yeah, if you can put that up. And are you also with with the lease agreement? Are you putting in any kind of like access agreement? I mean, I'm sure you're going to be in and out of the smokehouse several times a day. Are you going to be, you know, I don't know how close it is on the property line and that kind of thing. But will you kind of use the sidewalk? Will you have?
Yes, there's absolutely put in the sidewalk to the direct back door of a building. Okay.
And are you all contemplating that in the lease or is it just? Yes. It is? Okay. Yes. Any other questions? Yes, sir.
Will it be secure? We have a fence around it.
Around the smokehouse?
Around the smokehouse.
Yes. The smokehouse itself actually is caged. It's got a screen cage. We do that to meet health department regulations. And then there will be a railing along the sidewalk.
Any other questions for staff? Or sorry, for the applicant?
So- What distinguishes what you're building, is it possible to build what you're building as a food truck or an oversized food truck or what makes it want to be a building?
No, health department regulations require that if it is a permanent structure that the smokehouse has to be a permanent structure and not a mobile smokehouse.
Health department doesn't let you do a smokehouse in a food truck?
If the business is mobile, the smokehouse can be mobile. They all tie together. Just as if it were a mobile food truck business, your smokehouse has to be mobile as well. It has to be on wheels. It has to be able to move when the restaurant food truck moves.
That's state law? It's county law.
It's local regulation from my understanding.
And I guess I have a question for staff. This would be permitted. This would go through fire. That would all be part of the development process for them.
Yes, a building permit has to be submitted and it would be reviewed just as any other.
So the adjacent buildings or uses would all be considered during the review.
Anything else, Ms. Duffy?
Any other questions? Any other questions for the applicant? Okay.
The height on that, too, there has been some adjustments, so the height's going to come way down. I believe they have it at 24 1⁄2 feet, and we're looking more at 15 feet. The designer that we've engaged to design this for us actually went off an old drawing of our existing building in the south side, but we don't need it that high, so we're actually looking at 15 feet.
Do you have the exact specifics on that?
I don't. They're still working on that.
Yeah, because that's considerable, right, from 24 and a half to 15. Right. You know, for our variance, right? That's what we're looking at. Any other questions for the applicant?
Okay.
Thank you, sir. Have a seat. Stay close. We might still bring up questions for you, but I'll close the public portion of this hearing and open it up to board discussion or a motion.
I have no objection to this. I think if there's no discussion, we'll go ahead and go for a vote.
I do have a comment today.
One second. Emily, can you turn on Mr. Whitten's mic?
Maybe I just need to be closer.
Okay.
With the comment that you have a new plan for the smoker, the building will be about 15 feet. Sir, yeah, you can come back up. That's correct, yes. The max height will be 15 feet. Yes, sir. We might, as we discuss this, perhaps if we're inclined to approve, maybe we should... would be you know a move to approve what is it with stipulations c to 15 to maximum of 15 feet rather than what the application was at 24 and a half feet and i think i would ask him to make sure in case you know i mean are you comfortable 15 feet is tall enough that's going to be up to the uh the architect we're going to start at nine feet and whatever the required slope is with the length of the building to meet building regulation is where it'll end up at
I do know it's gonna be closer, but I can't speak to the exact until they're finished.
Okay. Yeah, I wanna be like all encompassing if you're gonna make a. Yeah, because if we approve it as is, it could be up to 24 feet. Right, but if it's 15 and then he needs 16. So just consider that when you're making your motion. And we're trying to make sure it's right so you don't have to come back and... Well, this is Johnson.
What if we entertain a continuance on C so he can go and talk with his architects and come back with it?
Or we could table it and they can call him and they can come back after the next case. We call the next case and... By the time we finish that one, we can bring them back up. That'll give you time to call.
Do you think that we'd be able to get a reasonable estimate? I think so.
Yes, I can call.
Okay. Sure. It's just, once we approve something right within this case, we don't want y'all to have to come back and ask for something new or different or so.
It's a process, right?
So we want to make sure you get everything you need. Yeah, the first time. Any other questions before we move on?
I mean, did we initially have a problem with it being 24 feet? I mean, we can just approve it as is, and then they decide to go with 15 or 18 or whatever. I mean, they know for a fact that it can't go above 24, so it's just suggestions.
Stephanie, did you have something?
So I'm still trying to place in my mind why we're calling it an accessory structure. Can a smokehouse not just be a structure? Sure.
Hang on, ma'am. I'll get them to call you in a second. One second. Go ahead, Ms. Duffy. I'm sorry.
So why are we calling it an accessory structure?
The structure is not a building for occupancy. It's just the house, their smoke house, their smoker equipment. So it is considered an accessory structure, not a primary structure.
So if a plumber has an office where he keeps his plumbing supplies, is that an accessory structure?
It depends on the extent of the plumber's supplies. It could be a warehouse or it could be a storage facility. It just depends on the use and the extent of that building.
Yes, Ms. Freed.
I'm just saying that that limit of 10 feet is for all accessory structures other than garages. And I think we just go ahead and move forward because they're going to make it. You're not going to make it. You're not going to spend more on the building than you need to spend, right? So you're going to make it the height that needs to be and no higher than 24 feet.
I just want to make sure. Did you have anything you wanted to add? Yeah, please come up if you need to.
No, I'm fully supportive of the direction you're going in. But the only thing I would say is that the 10-foot height requirement is because it's an accessory building adjacent to a residential district, which, again, that A5 is not really a residential. And the two buildings that it's directly adjacent to are two stories high. So it's not that it's going to be incompatible with the area.
Thank you. I hope it's still open to more discussion or a motion.
I'd like to make a motion.
Yes, sir, please.
That's BAC 26-027 as written. Second.
Can we agree to vote on those separately?
Yes, we can.
With the Johnson effect.
Okay. I'd like to make a motion. BAC 26-027 as written separately. Invariance A, variance B, and variance C. Second.
Thank you. And a second by Ms. Powell. A motion by Mr. Garza. After we please perform a roll call vote. Yes, we have a motion. Separately.
Oh, sorry. We have a motion to approve case BAC-26-027 as requested by the applicant. Motion made by board member Sergio Garza and second by board member Lucretia Powell. The vote will be taken separately. Vote for variance A. Board member Jim Whitten.
Board Member Sergio Garza.
Board Member Michael Johnston. Yes. Board Member Deborah Freed. Yes. Board Member Whit Wollman. Yes. Board Member Jana Herrera.
Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Yes. Board Member Eric Ortega. Yes. Board Member Jared Wilson. Yes. The motion passes.
Thank you.
Now we'll take the roll call vote for variance B. Board Member Jim Whitten.
Board Member Sergio Garza. Yes. Board Member Michael Johnston.
Board Member Deborah Freed. Yes. Board Member Edwin Willman. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Yes. Board Member Eric Ortega. Yes. Board Member Jared Wilson. Yes. The motion passes.
Thank you.
And we'll take the vote for Variant C. Roll call vote. Board Member Jim Whitten.
Board member Sergio Garza.
Board member Michael Johnston.
Can you come back to me?
Yes. Board member Deborah Freed. Yes. Board member Whit Wollman.
Board member Jana Herrera.
Board member Lucretia Powell.
Board member Kay Duffy. Yes. Board member Eric Artiaga.
Board member Jared Wilson. Yes. Did I cover everybody except for board member Johnston?
Yes. Okay. Board member Michael Johnston. Yes. All right, the motion passes.
Congratulations. All three have been approved. Should you have any questions, please reach out to city staff as early as tomorrow. Thank you. Okay, we're moving on to BAC-26-028. Ms. Reyes, we're ready when you are.
The property is located at 9136 Kansas South Pacific Drive. The property owner and applicant is TSHH LLC with the zoning being A-5, one family district. The applicant is requesting a variance to the requirement that a model home located more than 500 feet from an arterial or wider street must be at least 300 feet from any occupied residence to allow a model home to be located within 300 feet of an occupied residence. The applicant is requesting a distance of 149 feet. The subject property is a 6,900 square foot corner lot located in a developing neighborhood and was plotted in 2024. There is no presence of a floodplain and has a slight slope, no mature trees on slate. Applicant is requesting a variance to allow a model home to be located less than 300 feet from an occupied residence. The ordinance states model homes that are located more than 500 feet from an arterial or wider street must be at least 300 feet from any occupied residence and are subject to a time limit of five years. The model home is located more than 500 feet from an arterial or wider street, and model homes that are located 500 feet or less from an arterial or wider street are not subject to the residential distance requirement or the five year time limit of the section. The closest occupied residence to the proposed model home is approximately 149 feet away and is located at 9201 College Station Road. If the variance to allow the model home is approved, the applicant would be required to meet all development standards as well as the requirement mentioned in 5.403. And if approved, building permits must be obtained within 180 days. These are the regulations that pertain to this case. And these are the board actions. This concludes staff's presentation. I'm available to answer any questions the board may have.
Thank you. Any questions for city staff? What's the exact address?
For the property? 9136 South Kansas Pacific.
Any other questions for staff? Okay. Thank you, Ms. Reyes. Is the applicant here? Yes, please come forward. State your names, addresses, and the facts about your case, and you will have seven minutes.
All right, thank you, everyone. The address is 9136 Kansas Pacific Drive. I'm Ryan Marshall. This is... Kim Schrock. We're both from TSHH LLC, where we do business as Trophy Signature Homes. What we're asking for today is to approve a model address. We purchased these lots on June 30th, purchased 159 within the neighborhood from Legend Homes. They are currently across the street in the two red dot models. So they started this a year and a half before us. So that's why they didn't run into any of these issues because they haven't built these homes that now have certificate of occupancy. And then the other home is HistoryMaker with another red dot across the way there. Same result thereof. They were in the neighborhood over a year and a half before us. I show the date being 1-3-2025 is whenever the lots got deeded to Legends. We purchased the lots on 6-30-2026. We purchased a specific lot from Legends Home with the sole idea to build a model that's only reason we have this one. My assumption would be that there are hold lots from the other builders this way. Parking does not become an issue for homeowners, especially on weekends when traffic can be a little bit higher. We are proposing building a model that will have a garage door front, and it'll have a sales office in it that our sales agents would office out of, but as far as the elevation from the front, be viewed as a home within the neighborhood to the point that whenever we converted it from a model to a house, the only thing that would be converted is a garage. So all the requirements are met elsewhere. I think that's really it, yeah. And then also, it was stated that it's 180 days. We would need building permits approved. We have everything ready to go, permitting-wise. This is the last item we need to get an approved permit, and we would want to get this started within the month, if possible.
You still have four and a half minutes, so you have plenty of time. If there's anything else you need to add.
I think that's it.
Okay, thank you. Is there anyone else here to speak in support of this application?
Mr. Chair, we did receive a support petition submitted by the applicant for this case.
Okay. Let's go ahead and put that up.
At the top, to the left, to the right, top right.
Okay, thank you. We might come back and ask questions about this during the question period.
Can I add one thing to this? I apologize. We actually got the signature for 9116 Kansas Pacific Drive yesterday, so we weren't able to submit that. I have it here. It's a history maker home that they have certificate of occupancy, but they just don't have a homeowner yet.
If you want to give it to staff over there, they can project it. They'll also keep it. So if you submit it, we'll keep it. Thank you.
So just to clarify, those are the two homes, the two green dots that are on the same side of the street, which would be?
Let's let them finish. We need to do opposition. They'll come back to questions. But hold your thought just for a second. Can we put this up and then we'll go to any opposition? You slide it up just a little bit. Thanks. Okay, anyone here to speak in opposition to this application? Okay, having seen none, let's go to questions from the board. Mr. Wilson, please.
Just for clarification, because on the map it's a little bit blurred, 9120 and 9116 are the two occupied homes on the same side of the street, essentially four doors down and five doors down. Is that correct? Correct, yes. Okay.
Any other questions for the applicant?
I need to understand what they're requesting and why they're requesting it. I'm not clear on that.
So the request is to establish a model home within 300 feet of an occupied residence. So model homes are treated as commercial development, and because they want to establish the commercial home where there's existing residential property within proximity, they require a variance from the Board of Adjustments to be less than 300 feet from an occupied residence.
Thank you for that.
So commissioners, this is Maribel. I'd like to add to that. So typically a model home, the purpose of it is to show a home what it would look like to potential buyers. You would have traffic coming in and out. Based on our zoning ordinance, we prefer to have a model home within 500 feet of an arterial. In this case, it would be McPherson. Since it is farther away than 500 feet from McPherson, then they cannot have an occupied home within 300 feet due to traffic. We, again, would prefer not having traffic coming in and out from the residential neighborhood to view model homes due to traffic issues.
Thank you.
But if this were a residential home, it wouldn't be an issue. It's just simply for what they need to use this for for a certain amount of time to sell the lots, correct?
Correct. So if the model home was within 500 feet of that McPherson, it would not be here.
Is there a time limit on this permit that we're going to allow them to use that home for?
Yes. It has a five-year time limit.
What is the distance to McPherson?
They're requesting 149. From McPherson?
From McPherson, it looks like it's about 600.
Oh, from McPherson, sorry.
I measured it, and it's between 850 and 900. You said 800? 850 to 900 feet to McPherson.
Okay.
I have another question. On the residents, do you have signatures from the residents of those?
Yes, the top signature was the resident. Whenever we knocked on their door, they asked why they wouldn't sign this and that they were pro this way there wasn't traffic in other places in the neighborhood and limit it to just where other models are as well.
So Mr Garza on your screen, the applicant has established the two green dots are occupied homes and the yellow, which are more adjacent to this property are unoccupied. And I'm not sure if there is a development directly adjacent to this property.
The black boxes are occupied residences.
Oh, those.
So the green dots start from the subject property to the north, maybe the fifth and the sixth lot.
I have a question for the applicant.
Please.
Where do you propose parking for all the people that will be coming to their model home?
I believe right now that there's whole lots. If you look directly across the street, on I think that's lot nine and lot 10, as well as, or sorry, the model's on lot 10, so lot nine is an empty lot that allows people to park on the curb. Usually it's in corners too, so people are able to park on that corner without causing extra traffic for other, or for homeowners. That's kind of why we want this middle model, so we don't impede on other homeowners.
Any other questions for the applicant?
Okay. Yeah, this is Johnson. Has the model home already been built or is it contemplated?
It has not been built. This would be our last step for permitting to get it through to start building.
Any other questions for the applicant? Okay. I'm going to close the public portion of this hearing and we'll open up to board discussion and or a motion. Stay close. We might ask you questions. Thank you.
We're allowed to modify the time limit from five years to 18 months.
Trey, the ordinance allows model homes to be established for five years. Can the board add stipulation to that?
Yeah, the board could add that, but as Denisha mentioned, that stipulation of the five-year model home is within the ordinance already, but you can always add limitations to shorten that.
Do we know the dates that the two model homes across the street were built? Could we make them end at the same time those two end?
Maribel, do you have any information on the model homes across the street? I do not.
I can look it up.
The only reason I want to put a time limit is as the homes sell, the traffic will increase. There's going to be more of a hindrance for for uh less of a need i think 18 months if they're open to that we may consider and make it easier for them to pass what they're requesting us to pass would that help you 18 months yeah feel free to come back up
We're looking at doing roughly six homes a month. So with 159 homes, we're looking at 26 months of starts. So I would ask that it could be three years. That should be in line with competitors too. If they got their substantial completion, one, three, 2025, I would think their models were built around March of 2025 is when they were complete. So they would go to March of 2030 with the five years. But three years would be my ask.
Seems fair.
Any other board discussion or motion?
I'd hate to make it too limiting on them so that they have to come back and do it again. I mean.
Three years fine. I'd like to make a motion. On BAC 26-028 with the caveat of limiting this permit for three years.
You would like to make a motion to approve with the stipulation to limit to three years?
36 months, yes, ma'am. With another caveat, when will you be done with the home that you're about to build?
I'm sorry, what was that?
When would you expect to have the home you're about to build completed?
Oh, about a month. From now, we would start it. 60 days to build, so it's September. You're looking December?
36 months from December. Can we do that?
December 1 or end of December?
December 1st.
Can we just say three years from the date the permit is finaled?
That would be acceptable to me.
We have a second?
And we have to be very careful. There's only nine of us here.
So we operate on a supermajority, meaning to approve, you have to have nine votes. We only have nine people right now that are to have quorum. So I just want to make you aware of that. We can't open it up to a continuance if that's what you want. We don't know how the vote's going to go, but I'm just offering that up as an option.
Why don't we kind of... I'm fine with this based on what was just stated, three years for the model home being there, so I can vote yes.
Johnston can vote yes. I'm also okay.
I believe it's going to pass.
Someone says to second the motion.
Second. Mr. Wilson, second. Staff, can we please form a roll call vote?
Yes, we have a motion to approve case BAC-26-028 with the stipulation of the use of the model home for three years from the date the permit is finaled. Motion made by Board Member Sergio Garza and seconded by Board Member Jared Wilson.
Roll call vote.
Board Member Jim Whitten.
Board member Sergio Garza. Yes. Board member Michael Johnston. Yes. Board member Deborah Freed. Yes. Board member Whit Wollman.
Board member Jana Herrera.
Board member Lucretia Powell.
Board member Kay Duffy. Yes. Board member Jarrett Wilson. Yes. The motion passes.
Congratulations. Motion's been approved. Sorry, application's been approved. That's stipulation of the time. Should you have any questions, please reach out to city staff as early as tomorrow. Thank you.
We may want to let people know that from this point on.
So we are gonna move to the two administrative cases that we moved to the last part of the agenda. And then we're gonna take a break after that to make sure we keep quorum. So let's go with VAR-26-066. Because even though they were administratively withdrawn, we still need to hear them right because they've been noticed.
It's up to the board. You can take action to accept the withdrawal. That equates to a denial with prejudice. You can also take action to deny without prejudice, but I suppose you could approve if you really wanted to, but yeah, you can either accept the withdrawal, which is denial with prejudice, or if for some reason someone wanted to preserve the ability to come back, you could do the denial without prejudice.
Can we get staff to tell us why they withdrew? We'll go back to case BAR-26-066. This case was heard by the Board of Adjustments two months ago. The applicant was able to work with staff and come into compliance, so the variances that has been requested are no longer needed, and the applicant has requested a withdrawal. The applicant is not here today, so staff is requesting that withdrawal on their behalf. The withdrawal serves as a denial with prejudice unless the board chooses to deny without prejudice.
There was a motion to move to accept the withdrawal in order. Or to approve the withdrawal, essentially.
I move that we approve the withdrawal.
Second.
Second, Mr. Wilson. Mr. Whitten had the motion to approve the withdrawal. Staff, can we please form a roll call vote?
Yes. Case BAR-26-066, motion by Board Member Jim Whitten, second by Board Member Jared Wilson to approve the withdrawal as requested by the applicant. The motion, sorry, roll call vote. Board Member Jim Whitten? Yes. Board Member Sergio Garza? Yes. Board Member Michael Johnston? Yes. Board Member Deborah Freed? Yes. Board Member Whit Wollman? Yes. Board Member Jana Herrera?
Board Member Lucretia Powell? Yes. Board Member Kay Duffy? Yes. Board Member Jared Wilson? Yes. The motion passes.
Okay. We are moving on to the next one that's been moved. VAR-26-060-2.
Case BAR-26-060 is being administratively withdrawn by staff. The case went through an administrative approval, and no board action is required for this case.
Okay, thank you. So we are moving to a different case, BAR, like I said, BAR-26-078.
It is item number 15 on the agenda.
Staff, we're ready when you are.
Can you confirm which case we're moving on to?
BAR-26-078.
I have something on the last case that we saw about the model home. Yes. The address was, I don't think, was correct. Yes, there was no S. There was no South.
Okay. Thank you.
The next case is BAR-26-078. The property is located at 205 Lindenwood Drive. The property owner is Mark M. Pambor, with applicant being Blue Quill Builders, represented by Josh Male, Mark Herman, and Aaron Feldman. The property is owned A-10, one family district. Applicant is requesting a variance the requirement that all non-habitable Accessory structures be located behind the rear wall of the primary residential structure or at least 75 feet from the front property line To allow a non-habitable Accessory structure and in-ground swimming pool to be located less than 75 feet from the front property line the applicant is requesting it to be 54 feet 2 inches and The subject property is an interior lot located in an established neighborhood. It was plotted with no alley access. The lot slopes approximately 2.05% from the northeast corner of the property toward the western property line, and the property is not located within a floodplain and contains mature trees. This is the lot history. There is currently an accessory new permit for an in-ground swimming pool, which is awaiting client reply, which is pending the outcome of this case. The applicant has requested a variance to allow an in-ground swimming pool located less than 75 feet from the front property line. The location of the pool is noted on the site plan as 54 feet 2 inches from the front property line and the proposed pool location meets the minimum side and rear yard setbacks and is not located within any easements indicated on the survey. The proposal is required to meet all other development standards. These are the regulations that pertain to this case. These are the board's actions and this concludes staff's presentation. I'm available to answer any questions the board may have.
Thank you. Any questions for staff? Could you flip back to the site plan? In the auto court, is that, do you know if that's permeable surface or is that concrete?
You would have to ask the applicant.
Okay.
This pool is behind the building line.
The pool is, yes, behind a building line, but it's not behind the rear wall of the structure. And it's less than 75 feet. So the ordinance requires it to be behind the rear wall of the primary structure or 75 feet from the front property line. Similar to a case we saw a few months ago when the pool was in what we would call a courtyard area.
Any other questions for staff?
This is Johnson. Does the back wall of the garage count as a back wall?
No, it doesn't count as the rear wall of the primary structure.
Okay, thanks.
Any other questions? Okay, thank you, Ms. Reyes. Is the applicant here? Yes, sir.
Please come forward, state your name, address, facts about the case. You'll have seven minutes. My name is Josh Mayo. I'm representing Mark and Pam Boyer. So in the early concepts of this project, we were looking to add a design to the Crestwood neighborhood that would enhance the beauty and have an authentic design that's in keeping with other beautiful homes in the neighborhood. Spanish Colonial was the style home that we had decided to design. and inconsistent with the style house. Side courtyards are a precedence. This current pool location in no which way can be seen from the front elevation or any other side views. The left property line will have a fence that will totally enclose and you have no views off the front. We also took into consideration in the design to put the garage in the back left corner, allowing parking to be easily accessible and enhancing the mobility of the street. Answering your question on the back courtyard that it will be concrete, the drive will be an aggregate that has not been selected, most likely a bluestone or a black aggregate. That's all I have. Thank you.
You still have plenty of time if there's anything else.
I think that'd be it. Okay.
Is there anyone else here to speak in support of this application?
I didn't understand what you just said about the concrete wall in the back.
Hey, Mr. Johnson, can we come back and do questions? Oh, I'm sorry. No, you're fine. Just hold that thought. Anyone here, having seen no other support, is there anyone here in opposition? Okay, having seen none, now we'll open up to questions from the board. Sir, you can come back up to the mic. Thank you.
Thank you. Sorry for jumping the gun there. I'm looking at the site plan. There looks like there's a solid black line that is on the, I guess, the south side of the garage. Is that the concrete wall that you were talking about?
So that will be a low concrete wall, roughly six feet tall. It's more just to create a separation in space between the courtyard and the backyard. It's more of an aesthetic element than anything else. But it's going to be a solid wall? Yes, sir.
Would it, excuse me, would it be a solid wall? It will be, yes, sir. Six feet high?
Okay, thanks.
Any other questions for the applicant?
Do we have any renderings of what it's gonna look like when it's done?
I believe we have one in the submitted documents.
Sometimes when you show us the picture, it makes it so much easier to... Yeah.
There was an early image taken from the site visit that actually shows what we currently have. If there's any way we could back up to that.
We'll try to pull it up here.
There it is on the far right. It's out of proportion, but... in keeping with the style and the beauty, you get a little peak at the front elevation and then also the courtyard side, excusing the contractor's trucks there.
So that view where the trucks are essentially is where the pool will be?
Any other questions for the applicant? Okay. Thank you, sir. Please have a seat. I'm going to close the public portion of this hearing and we will open it up to board discussion or a motion.
This is consistent with many of the new styles that we see developing, and we have been consistently approving them. And if there's no further discussion, I'd like to make a motion.
Please.
I move for BAR 26-078 that we approve as requested.
Second. Second by Mr. Whitten. Motion made by Ms. Freed. Staff, could we please perform a roll call vote?
I'm sorry, can you repeat the second?
Second by Mr. Whitten. Motion by Ms. Freed.
Thank you. We have a motion to approve case BAR-26-078 as requested by the applicant. Motion made by Board Member Deborah Fried and second by Board Member Jim Whitten. Roll call vote. Board Member Jim Whitten. Yes. Board Member Sergio Garza. Yes. Board Member Michael Johnston. Yes. Board Member Deborah Fried. Yes. Board Member Whit Wollman. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Yes. Board member Kay Duffy? Yes. Board member Eric, I'm sorry. Board member Jared Wilson? Yes. The motion passes.
Okay, sir.
Congratulations. Your application has been approved. Should you have any questions, please reach out to city staff as early as tomorrow. Thank you. Okay, we... So we're gonna take a 15 to 20 minute break. We're potentially losing quorum with different members of the board and we expect to have one back soon. So it'll be about 15 minutes, thank you.
Here in the cases, it's item number 13. We will need to host elections for a presiding chair. Stacey, can you reduce the Zoom on the screen? Oh, OK. Oh, it was just mine. Sorry, Stacy. OK, so the presiding chair, if both chairperson and vice chairperson are absent, which both chairperson and vice chairperson are absent at the moment, the board shall elect a temporary chair. Appointment is only valid for the single meeting, does not continue for future meetings. Next slide, please. So I would like to open the floor up for nominations. I'd like to nominate Deborah Freed for presiding chair. I second that. Board Member Freed, do you accept? Yes. Can we have a vote by ayes for those in favor? Aye. Aye. Aye.
Aye. Aye.
Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.
Aye. Aye. Aye. Aye. Aye. Aye. Aye. Aye.
Aye. Aye. Aye. Aye.
Aye. Aye.
Aye. Aye.
As have it, we can move on to item number 13, BAC-26-029. Emily, can you turn Ms. Freed's microphone on?
It broke.
Oh, it's not working. Do you want to move over? No.
We have to relocate.
Try it again. No, I think maybe it's broken.
It wasn't meant to be.
Okay, staff, would you call BAC 26-029?
This is BAC-26-029. The address is 2511 Mitchell. The owner is John Ainsworth, and the applicant is Fort Worth Housing Finance Corporation. The first variance is variance A to the requirement that all non-habitable accessory uses must be located behind the front wall of the primary structure that is the furthest from the street to allow a non-habitable accessory structure, which will be a dumpster enclosure, to be located in front of the front wall of the primary structure. The second variance is variance B to the requirement that a non-habitable accessory structure adjacent to a residential district not exceed 12 feet in height to allow a non-habitable accessory structure, which will be a canopy, to exceed the maximum allowed height of 12 feet. The minimum height allowed is 12 feet. The requested height is 16 feet. Variant C, to the requirement that access and loading or unloading within the required building setback area be limited to daylight hours to allow an ambulance access and loading slash unloading area within the required 20-foot supplemental building setback after daylight hours. The subject property is vacant, located in an established neighborhood with several mature trees. It was platted with no alley access. The property is not located within a floodplain. They had a case with the Urban Design Commission and it was approved on August the 21st of 2026. Variance A, the applicant is requested to allow a non-habitable accessory structure to be located in the front wall of the primary structure furthest from the street. The dumpster enclosure variance request is deficient from the minimum location standard established by the zone ordinance. Variance B, the applicant requests a variance to the requirement that a non-habitable accessory structure adjacent to a residential district not exceed 12 feet in height to allow a non-habitable accessory structure to exceed the maximum allowed height of 12 feet. Again, the minimum height allowed is 12 feet, but the applicant is requesting 16 feet. Variant C, the applicant requests a variance to the requirement that access and loading or unloading within the required building setback area be limited to daylight hours to allow an ambulance access and loading and unloading area within the required 20-foot supplemental setback after daylight hours. These are the variance request regulations. Again, the minimum height is 12, but they're requesting 16 feet. These are the Board of Adjustment actions, and staff is available for any questions.
Thank you. Are there any questions for staff?
Sorry, I have a question. Yes, please. If there was something, because we didn't get one of the packets, so in the PowerPoint I didn't see where it showed where the dumpster was going to be. I'm just now looking at the second packet. Could you point out where that dumpster is? And the entrance is straight to the That'd be West, correct? I believe so, yes. Okay, thank you. You're welcome.
Okay, any other questions? Okay, thank you. Is the applicant here? If you would come forward, state your name and address and why we should approve this.
Hi, my name is John Ainsworth with Kim Lee Horn. I'm actually the representative for the applicant. So the property owner for this is the City of Fort Worth Housing Finance Corporation. So our client is Catalyst, developing this property for Ameris for a proposed neighborhood hospital. So yeah, excited to be here and bring this project to Renaissance, well, not far from Renaissance Square off 287 in Fort Worth. And there we go. Thank you. So here are the three areas. There's a question of a little more detail on the site plan. So you can see here we have the dumpster enclosure in the front of the building. The canopy is number two there in the back of the ambulance drive, and number three is the actual driveway itself. How do I do this?
Stacey, can you go to the next slide? Gianna, can you give him the clicker? Thank you.
Okay. So yes, the first one, dumpster enclosure. And so this site has a significant amount of fall, and I'll show this in the next site plan, significant amount of topography across the site. And with that, it's kind of forced the building to be in this back corner of the property. There's a large drainage ditch that goes to the property with a large box culvert that we're going to put that in to convey the flow. And so all that has pushed the building in the far back. And with that, there's no room to put the trash enclosure on the back side of the building. It is on the front side of the building, though. But that is roughly 180 feet from Mitchell and roughly 230 feet from 287 Frontage Road. And you can also see the grade difference there we're talking about. We've got an elevation of 569 there on Mitchell and 570 at the corner of the highway in Mitchell, whereas the enclosure is up at 592. So almost 20 feet, over 20 feet above in terms of grade difference. So just a challenging, funky topography for the site. And with that, the trash enclosure will open at the back. And with that, the trash enclosure is now also not close to the residential neighbors to the back here. So that's the first one with the trash enclosure. The next is the ambulance canopy. So that is kind of at the southeast corner of the site. It is a detached canopy, which is the reason that it is variance. If it were attached to the building, it would be part of the main structure. But with that, it would have to be up at 17.4, 17 foot 4 inches tall. We are making it a detached structure, lowering it to 16 feet. The 16 feet doesn't comply with the 12 foot max height. 12 foot high canopy doesn't work for an ambulance because then you've got roughly a 2 foot section of the canopy and an almost 10 foot tall ambulance. And you can see that you need a little more clearance there to make that work. So that's the hardship, and we feel like that's a reasonable design. And the grade difference, I would also add here, just with the topography of the site, that it's about a four-foot grade difference from the property line to this canopy. So it's roughly four-foot grade difference in a 16-foot high canopy. You get down to a 12-foot perceived perception of canopy from the adjacent property.
The last one, oop, it's zipping through. How many are you pushing buttons?
The last one is this driveway. So Texas Department of State Health Services require the ambulance route around a hospital to be unobstructed. They don't want vehicles pulling in and backing out into the driveway if there is an ambulance coming through. And so you can see the dashed or the dotted route through the site that serves as the ambulance drop-off. That yellow sliver there is the area that falls within that 20-foot building setback. And the reason that this is before you as a variance is because it's a 24-hour use. This is a hospital. I would say with that, though, it is a small hospital. This is only an eight-bed hospital. It's not like it's going to be JPS or the Baylor downtown where it's running constantly. They're estimating maybe between one and three ambulance trips a day. And the waiver request is only because of the nighttime operation of this 24-hour facility. And again, we talked about the grade difference here. So this drive is generally about four feet below, and only a portion of this drive falls within the setback area. Kind of a quick rundown of everything. And if you have any questions, I'd love to answer them for you.
Wonderful. Thank you. Is there anybody else to speak in favor? Sure. Step up. Give us your name. And your address, you've got about almost three minutes.
Okay, great. Thank you. My name is Matt Maddox. I'm with Cattles Healthcare Real Estate. We are the a developer of this property. I want to be clear, we are the development partner of, this will be a Baylor Scott & White and Ameris, who's their operating partner for Neighborhood Hospitals. It will be long-term lease to them, so we're simply here to provide the physical plan for the hospital, but this is a facility that's much needed in this area. There's basically a healthcare desert, so we looked at numerous sites and locations, and this was truly the, you know, the only one that we could find that, you know, kind of met the zoning needs. But even still, like John mentioned, it's a very difficult site. And we've partnered with the Fort Worth, City of Fort Worth Housing Finance Corporation, you know, to develop this site. And they were supportive of the use. But that being said, there's, we've looked at this site in every potential configuration you can imagine. And so the only way to locate it, like John mentioned, is kind of back up in the back corner. So hence the need for the variances today. I wish there was another way we could lay it out, but unfortunately, You know, is not the case here. So I just wanted to say that this will be like John mentioned. You know, these are neighborhood hospitals are called neighborhood hospitals for a reason. They're meant to be, you know, functional and congruent with the local neighborhoods. So this is not, as John mentioned, you know, high traffic kind of, you know, lots of vehicular traffic in and out, especially in, you know,
overnight hours so I appreciate your consideration and just wanted to add those few facts and would appreciate your support thanks so much is there anybody here to speak in opposition that being the case I will open it up now to questions if anybody has some from the applicant there's any need for questions we're running a tight ship today
Okay.
Do you have a question, Kay?
I would like to ask a question. So you went to Urban Design last week, or the week before. What did Urban Design have to approve for you?
Sure. We had a waiver for tree preservation, and that's also in large part because of the topography of the site, and we're trying to preserve trees, but got tricky with the culvert and all the, you know, so that was what it was for and it was approved.
Okay, and then one other question. When I look at Google Maps, it doesn't look like there's really a street between you and the residential behind you. It looks like there's like a dirt path.
No, ma'am, there's not a street at all. Our property line abuts the neighborhoods to the east. So our street furnishes are 287 to the south and Mitchell to the west and so we're proposing that 20-foot driveway um it's just your driveway there's a driveway people driving right and and that would really just be for ambulance access i mean you can see from the site plan the parking is all in front of the building to the west and so there's really no reason for other vehicles to be going along the back side of the building so okay that's thank you thank you okay does anybody have a motion
I'd like to make a motion for BAC26-032.
Sorry, 029.
To approve?
To approve as written.
Okay, do we have a second?
Second.
Johnston requests that we have separate votes, please.
Request what?
Request separate votes on each of them.
I'd like to modify my four separate.
Okay. So we have a motion to approve case BAC-26-029 as requested by the applicant. Motion made by board member Sergio Garza and second by board member Jana Herrera. The vote will be taken separately for variances A, B, and C. Roll call vote. Variant A, board member Jim Whitten.
Board member Sergio Garza. Yes. Board member Michael Johnston.
Board member Deborah Freed. Yes. Board member Jana Herrera.
Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jared Wilson. Yes. The motion passes.
Great. Congratulations, gentlemen.
We still have B and C. Oh, I'm sorry.
Yeah, all right.
We've got B and C. All right. Okay, roll call vote for variance B. Board member Jim Witten?
Board member Sergio Garza? Yes. Board member Michael Johnston? Yes. Board member Deborah Freed? Yes. Board member Jana Herrera? Yes. Board member Lucretia Powell? Yes. Board member Kay Duffy? Yes. Board member Eric Arteaga? Yes. Board member Jared Wilson? Yes. The motion passes. Variant C. Board Member Jim Whitten. Yes. Board Member Sergio Garza. Yes. Board Member Michael Johnston. Yes. Board Member Deborah Freed. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Yes. Board Member Eric Arteaga.
Board Member Jarrett Wilson. Yes. The motion passes.
Great.
Congratulations.
Okay, and we're moving forward called BAC 26-032.
The property is located at 1070 North Beach Street. The owner is Yano Beach Bros LLC, the applicant being Evolving Texas. The zoning district is E, neighborhood commercial. The applicant is requesting two variances. Variance A is to the requirement that automobile access within the required building setback area be limited to daylight hours to allow a restaurant drive-through lane within the required 20 foot supplemental building setback after daylight hours. Variance B is to the requirement that a 20 foot supplemental setback be provided adjacent to property zone B to family district to allow a drive-through facility to be located within the required supplemental setback. The subject property is a vacant interior lot located on Beach Street. The property is approximately 33,976 square feet in size and contains mature trees and is in a floodplain. There is no other significant environmental constraints. The property is zoned E, neighborhood commercial district, and has approximately 100 feet of frontage at the western property boundary along North Beach Street, a commercial connector street. This is the lot coverage. There's a commercial new building permit, which is a waiting client reply, which is pending the outcome of this case. Variance A, the applicant is requesting to the requirement that automobile access within the required building setback area be limited to daylight hours to allow a restaurant drive-through lane within the required 20-foot supplemental building setback after daylight hours. The applicant is requesting that the hours restrictions be waived to allow a drive-through to take place during the business hours of operation that extends past daylight hours. VARIANCE B, THE APPLICANT IS REQUESTING A VARIANCE TO THE REQUIREMENT THAT A 20-FOOT SUPPLEMENTAL SETBACK BE PROVIDED ADJACENT TO PROPERTY ZONE B TO FAMILY DISTRICT TO ALLOW A DRIVE-THROUGH FACILITY TO BE LOCATED WITHIN THE REQUIRED SUPPLEMENTAL SETBACK. ZONING ORDINANCE SECTION 6.30C1 STATES THAT WHEN A NONRESIDENTIAL USE IS LOCATED ON A LOT OR PREMISE ADJACENT TO ONE OR TWO FAMILY DISTRICT, A BUFFER YARD AND SUPPLEMENTAL SETBACK SHALL BE PROVIDED AND MAINTAINED BY THE OWNER AND OR OCCUPANT OF THE NONRESIDENTIAL USE. When a law is the premise zoned E is adjacent to a one or two family residential district, a minimum supplemental building setback of 20 feet applies. Additionally, zoning ordinance section 6.300B states that any non-residential activity is not permitted to be located in the supplemental building setback, and the applicant is requesting permission to locate the drive-through five feet from the northern property line, and the proposed project will be required to meet all other development and requirements. These are the regulations that pertain to this case. These are the board's actions, and this concludes staff's presentation. I'm available to answer any questions the board may have.
Thank you. Ms. Reyes, does anyone have questions for staff? No one? I do. Could you put up the zoning? Are the adjacent properties A5, B? The adjacent property is zone B. Zone B. And so is there currently a structure there? Occupied structure?
It is a very lot. Let's see if it's in the aerial. Oh, no, it's covered. That's why I couldn't. The lot goes to about here. And the structure is up here.
And that's the only residential? Correct, it's all one lot.
Okay, and that owner received notification?
Yes. And we've received no response from that notification? Correct. Okay, thank you. No other questions? Okay, thank you. Will the applicant step forward, state your name and your address?
My name is Artoine McGee, engineer with Evolving Texas, address 3000 Ray Street, Fort Worth, Texas.
And could you present why we should approve your case?
Well, you can tell by the odd shape of the parcel and the surrounding infrastructure and all the easements that we have incurred on our lot, we were limited to where we could place the building and also the drive-through lanes. So as you can see on the aerial, go back to the slide. There are a lot of trees right there. There is a building right next to the residential lot. Lots of trash. All the residential activity is toward Kings Highway and not B Street. So I don't believe we will cause any nuisance to the adjacent property.
Anything further?
That's about it.
Okay, is there anyone else to speak in favor of this application? If not, is there anyone opposed to this application? Thank you. Are there any questions for the applicant?
I have one.
Yes, Ms. Duffy.
So you're looking for time outside daylight hours, but you're making a Dutchess coffee, correct?
Correct.
So you're looking at early morning hours, not late night hours?
Well, typically late night, there's traffic dies down. But early morning, yeah.
When do you actually close the Duchess Coffee?
10 on, open till 10, Friday, Saturday till 11.
People are buying coffee at that time of night? Okay.
All right, not me.
Any other questions? Yeah, this is Johnston. Is there a reason why the building itself could not be moved closer to Beach Street to give you more room?
Well, we have 100-foot drainage easement because we're in the floodplain and also water utility easement. So we're very limited in space.
Okay, can you tell me, can you show, I think, where the utility easements are and the floodplain?
Can you go back one slide? Now you see where it says 100-year floodplain? Oh.
Okay.
Okay.
It puts a few limits on it, doesn't it?
Okay.
Okay?
Thank you.
Any other questions? I have one. What are your opening hours? When do you open?
I believe they open at 6.
So 6 to 11 at the most?
Right next door to a Taco Bell. I bet they're open longer. You bet what? Bet the Taco Bell next door is open later.
Waterbury is open 24 hours.
Five to 10 and five to 11. Okay.
So you're saying folks that, well, it's a commercial area.
Yeah.
Okay. All right, any other questions? Okay, we'll close the public session and have a seat. Make it called back up, but any comments or motions?
I don't have a problem with this.
Me either.
Agreed.
I can make a motion if there's no other discussions.
Please do.
I'd like to make a motion to approve as written BAC 26032.
And I think these are sufficiently combined where we don't need separate votes.
Thank you, Mr. Johnston. Do we have a second?
It's 3.07 on Friday, September 6th.
I will second the motion. Okay, we've got two seconds.
Which one? We had two? Okay, sorry.
Okay, so we have a motion to approve case BAC-26-032 as requested by the applicant. Motion made by Board Member Lucretia Powell and seconded by Board Member Kay Duffy. Roll call vote. We're taking A and B together. Board Member Jim Whitten?
Board Member Sergio Garza? Yes. Board Member Michael Johnston? Yes. Board Member Deborah Freed? Yes. Board Member Jana Herrera? Yes.
Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Ortega. Yes. Board member Jared Wilson. Yes. The motion passes.
Congratulations. Best of luck to you. And staff, if we could move forward with BAR 26-089. And if this is your property, if you could come on down.
The address of the property is 1013 Hidden Road.
The property is located at 1013 Hidden Road. The property owner is the Knight Living Trust with William B. Knight and Amy W. White as the co-trustees. The applicant is William B. Knight and the property is zoned A-5, one family district. applicant is requesting a variance the requirement that all non-habitable accessory structures be located behind the rear wall of the primary residential structure or at least 75 feet from the front property line to allow a non-habitable accessory structure an in-ground swimming pool to be located less than 75 feet from the front property line the applicant is requesting a distance of 17 feet 4 inches The subject property is an interior lot located in an established neighborhood. It was plotted with no alley access. The lot slopes approximately 12.05% from the western property line toward the eastern property line, and the property is not located within a floodplain and contains mature trees. This is the lot history for the property. The applicant is requesting a variance for an in-ground swimming pool located less than 75 feet from the front property line. The location of the pool is noted on the site plan as 17 feet 4 inches from the front property line. And it's called out right here. It's at the closest corner. The proposed pool location meets the minimum side and rear yard setbacks. And it's not located with any easements indicated on the survey. And the proposal is required to meet all other development standards. This is the regulations that pertain to the case. And these are the board actions. This concludes staff's presentation. And I'm available to answer any questions the board may have.
Thank you. Are there any questions for staff? Okay, that being the case, will the applicant step forward? Provide us with your name and your address.
And why we should approve.
Hello, I'm Bill Knight. Excuse me. I reside at 1013 Hidden Road, and the house was built in 1999, and we purchased the home last year and have been living there for right at one year next week. Okay. This is the front of the home and the typical picture you may see. I'm going to go ahead and expand that out. I did. You go ahead. I'm sorry. Two similar pictures here. Does it move on or no?
There you go.
Is it not advancing? Anyway, there we go. So this is the view from the street. And I just wanted to point out the side gate over there because that will be something we'll talk about a little bit later. But essentially, we wish to construct an in-ground swimming pool. And our contractor did tell us that we would need to get a variance from the city. And so I'm here and wanted to, well, first just let me say, if you look to the left of the house, that's your typical side-by-side home where you got your air conditioner from both residences. So there's no space there. So moving on to the back, continuing to the backyard, that's the next slide. Okay, as you can see, backyard's a bit of a misnomer. There is no yard. This is where those three hardships... Actually, I guess I failed to read my text well. I understand there are three of the most recognized hardships preventing us from adhering to the ordinance. Okay, and so this is where they come together, in the backyard. The topography is number one. I saw where they... quoted the 12% slope. But if you were to compare the back of the yard, the back fifth of our lot to the front, there's no comparison. It's more like closer to 50% in the back and in the front much less. So the three items are topography. The trees, it's very much a forest on that hillside, that same hillside. And then number three is odd-shaped lot. You can certainly see from the bigger picture how odd-shaped it is and a little bit dissimilar from many of the homes in the neighborhood. Okay, so if you follow that little path, there's a path right beside the back of the home that goes out the other side to what we call commonly, you can go ahead and switch it, our side yard. For a swimming pool, this side yard is the only possible location. And quite honestly, it's a terrific location for a swimming pool. Let me first point out again the elevation in the back you can see in this picture. The side yard itself is elevated relative to the front yard, but it is a level surface with an existing stone wall all the way around and a four-foot wrought iron fence on top of that stone wall. Also shown is the entrance gate that I pointed out to you earlier from the other direction. The next slide shows the same side yard viewed from the back wall of the house. In addition to the stone wall with fence on top and the entrance gate, the surrounding, if you look out into the distance, the surrounding 12-foot hollies provide excellent privacy and access control for the area. as if it was custom-made, quite honestly, for a pool. But let's move on to the next one. This photo collage simply shows two views, left and bottom right, two views of the pool area from the street, along with a close-up of the surrounding stone wall. Plenty of privacy, like I said, and built-in access control. Slide eight. Okay, now this is the full property survey showing our house and where the proposed pool would sit. It's beside the home, in the side yard, as far back as possible, and with the front edge of the pool essentially in line with the front chimney wall. You can see the front chimney just below where the home begins. It kind of sticks out the farthest in the front. And then the final slide is our site plan, an enlarged area of the survey, highlighting the side yard and the proposed pool. I'm happy to leave this up as needed. And then I'd also like to add that we're very pleased we have had 14 neighbors sign our support petition with no one declining on our private dead-end road We believe that we've fully kind of circled the bases there on support. So my family is asking for your consideration as we seek a variance to the 75-foot provision to allow an ingrown swimming pool to be located no closer than 17 feet 4 inches from the front property line as shown in the site plan. Thank you all for your time.
Thank you very much. And there's another minute left if anybody else is here to speak in favor. I don't see them. Is anybody here to speak in opposition? Thank you. And do you guys have any questions for the applicant while he's here?
I'd like to make an observation.
Yeah.
One thing that you omitted is with all that greenery and with this drought, the swimming pool will provide some sort of safety measure as the only way to fight fires.
Oh, thank you. I love that.
I think he's pleading your case. Okay, thank you. Okay, that being the case, I'm going to close the public portion and open for comments or for a motion.
I'd like to make a motion if no one has any comments. Recommend BAR 26-089 approved as written. Thank you. Second? Second. Thank you.
Okay, we have a motion and a second.
We have a motion to approve case BAR-26-089 as requested by the applicant. Motion made by Board Member Jana Herrera and seconded by Board Member Jim Whitten. Roll call vote. Board Member Jim Whitten. Yes. Board Member Sergio Garza. Yes. Board Member Michael Johnston. Yes. Board Member Deborah Free. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Yes. Board Member Eric Ortega. Yes. Board member Jared Wilson? Yes. The motion passes.
Congratulations. Best of luck to you. All right.
Moving forward.
BAR 26-080.
The next case is BAR-26-080, located at 5420 Dennis Avenue. The property owner is Preston Reeves McGuire and Emily M. Woods, the applicant being Preston Reeves McGuire and Emily M. Woods. The property is zoned A-5, one family district. The applicant is requesting a variance to the one family district development standards requiring two parking spaces for a three bedroom dwelling to be located behind the front building wall to allow one required parking space to be located in front of the front building wall. The subject property is an 8,700 square foot rectangular interior lot located in an established neighborhood. The primary structure was constructed in 1955 without alley access and contains no significant slope, floodplain, or any other significant environmental constraints. There are several mature trees in the front and rear yard. There is currently a residential addition permit awaiting client reply, which is pending the outcome of this case. The existing primary structure is approximately 1,316 square feet in area and is a two bedroom home. The applicant is proposing an addition. The proposed addition is approximately 285 square feet and will result in the primary structure having a total area of approximately 1,601 square feet and three bedrooms. Based on the number of bedrooms located on the site, a minimum of two parking spaces must be located on site and two behind the front building walls of the primary structure. The applicant is requesting a variance to allow one of the two required parking spaces for a three bedroom dwelling to be located in front of the front building wall. The site plan submitted indicates that there will be a total of two parking spaces provided with one parking space to be located in the garage. and the other parking space being located in the driveway and front of the front building wall. Zoning ordinance section 6.202E7 limits driveway coverage including grab-and-drives to 50% of the front yard as measured between the front property line to the closest location of the structure. The property front yard as measured between the closest location on the structure and the front property line is 1,238 square feet. And the driveway paving measures 510 square feet, resulting in 41.19% driveway paving coverage. And the driveway approach currently measures 17 feet in width over a length of 30 feet. And the subject property contains a one-car garage. The primary structure has an approximate side yard setback of 5 feet 7 inches on the western and eastern side of the property. And the standard parking space is 9 feet wide by 18 feet long. And to meet the ordinance requirement of parking behind the front building wall, the applicant will require 10 feet in the side yard for a driveway. The current lot coverage is approximately 16.97%. The proposed addition will result in a lot coverage of approximately 20.24%, which is well within the 50% maximum allowed by ordinance. And if the variance requests are approved, the applicant will be required to meet all other development standards and regulations. These are the regulations that pertain to this case. And these are the board's actions. This concludes staff's presentation. I am available to answer any questions the board may have. Thank you.
Does anyone have questions for staff?
I have one. Yes. So Emily, why, it looks like the driveway that goes out the property line is already there, but why are you saying that's required? For the one spot, are they not allowed to park tandem behind the garage?
So are you talking behind the garage? So they they know their property is only Side yards is five feet and for a parking to be there has to be ten feet Right but Parking in the driveway itself can count as one spot, right? Yes, but it has to be located behind the front building wall This is the two required parking spaces. So the applicant is just requesting one parking space to be in the front since they have that one car garage and
Okay, by design of this home and when it was constructed with a front-facing garage and no alley, that's where the hardship's coming from. I mean, I get where you're coming from.
It's already there, so it's kind of a moot point, but why is the space to the left required if they have a full driveway?
Because they're required to have two parking spaces behind the front building wall, and they don't meet that. The location of those parking spaces.
They have the spaces, they're just not both.
They need three spaces total is what you're saying.
They have one space.
It's behind the front building wall that's tripping it up.
So the front of the building, the parking spaces are- Right, but they have one, and if they only require two, they only need a variance for one additional one in the front yard.
Correct, that's what they're requesting.
That's what they're requesting. So why can't the one be the driveway?
Because it has to be behind the front building wall.
Right, but if they're asking for the variance...
So your variance, the approval of the variance will allow them to have the one parking space in front of the front building wall. So this structure right now is non-conforming structure. It was constructed with two bedrooms. Two bedrooms by zoning ordinance is required to have two parking spaces behind the front building wall. This variance is triggered because the property is adding on an additional bedroom, which... without having a variance makes the structure become more non-conforming. And so the property owner is requesting the variance to allow one of the two required parking spaces to be located in the driveway. They are able to provide one of those spaces in the garage and the second space will be in the driveway.
Right. I get all that. I don't understand why we would still require the side, the property or the piece of concrete to the side of the driveway.
We're not requiring the piece of concrete to the side. It's just what they have existing. And it's not exceeding the 50% driveway coverage that they're allowed.
All right. The driveway itself counts, right? Yeah.
Yes. Okay. Any other questions? That being the case, would the applicant please step forward, provide us with your name, is the applicant, yes. Your name, address, and why we should approve this.
Hi, my name is Scott Walter. I represent the Rockaway Company, and we're here representing the owners of the home. I reside at 428 Emerald Court, Burleson, Texas. So our clients have asked us to put a new bedroom structure addition on the back of the home. Zoning requires that they... provide two spots behind the front wall of the home. Given the size of the footprint of the existing structure on the property line, given that there's approximately five foot seven inches on either side, it's physically impossible for us to get a driveway to the back. There's no alley access, so we're kind of landlocked into what we can do. So we're asking the board today to grant us the variance so that we can proceed with the planned addition. And that's what I have for you today.
Great. Is there anybody else to speak in favor of this application? Not seeing any. Is there anyone to speak against this application?
Thank you.
Are there any questions for the applicant? Okay, I will close the public portion. And commissioners, if you have any comments or motions.
I don't have a problem with this at all.
There's no further discussion. I'd like to make a motion for BAR 26080 to approve as written. Thank you.
Second.
Thank you.
Okay, we have a motion to approve case BAR-26-080 as requested by the applicant. Motion made by Board Member Lucretia Powell and seconded by Board Member Jared Wilson. Roll call vote. Board Member Jim Whitten? Yes. Board Member Sergio Garza? Yes. Board Member Michael Johnston? Yes. Board Member Deborah Freed? Yes. Board Member... Jana Herrera? Yes. Board member Lucretia Powell? Yes. Board member Kay Duffy? Yes. Board member Eric Garciaga? Yes. Board member Jared Wilson? Yes. The motion passes. Great.
Congratulations. And if we can move forward please to BAR 26-081.
The next case is BAR-26-081. The property is located at 4416 Goddard Street. The property owner and applicant being Conger Group, Texas. The zoning is B, two family district. The applicant is requesting two variances. Variance A is to the two-family district development standard that the required four parking spaces for a duplex with three bedrooms in each unit be located behind the front building wall to allow all the required spaces to be located in front of the front building wall. Invariance B is to the requirement that the front yard setback to residential district shall be the setback of the nearest building on either side that is closest to the street. To allow a reduced front yard setback where a 50 foot front yard setback applies, the applicant is requesting for the front yard setback to be 25 feet. The subject property is a 7,384 square foot vacant corner lot located in a redeveloping neighborhood. The property was plotted without alley access in 1950, and the property does not contain floodplain, mature trees, or any significant environmental constraints. The applicant is proposing to construct two three bedroom attached units on a single lot, each with an area of 1,513 square feet for a total area of 3,026 square feet under roof. The applicant is requesting two variances for construction of the proposed duplex. Variance A, the applicant is requesting a variance to allow four parking spaces to be located in front of the front building wall. The development standard states that the four required parking spaces for two attached dwelling units, each unit containing three bedrooms, are located behind the front building wall. Variance B, the proposed residence is located on a corner lot. The applicant is requesting a variance to reduce the required front yard setback to 25 feet, where an established front yard of 50 feet is required along Goddard Street. The zoning regulates the front yard setbacks in residential districts as the greatest of the plotted build line. zoning district or established front yard. The minimum front yard setback by the applicable zoning district is 20 feet. However, due to this property being located in a neighborhood where at least 40% of the block face has been constructed, a 50-foot front yard setback is a required minimum front yard setback rather than the minimum front yard setback per zoning district standards. The established front yard setback is determined by the adjacent lot on either side of the subject property which has the greatest front yard setback. In this case, the applicable established front yard setback is determined by the property constructed at 4412 Goddard Street which has a front yard setback of 50 feet according to the site plan. If the variance requests are approved, the applicant will be required to meet all other development standards and regulations. These are the regulations that pertain to this case. These are the board actions, and this concludes staff's presentation. I'm available to answer any questions the board may have. Thank you. Are there any questions for staff?
I just have one fairly easy one. As you worked with the applicant on this, were you able to find a way to get a routing into, I mean, it's a very awkward shape. Were you able to work with them to find a way to get any of the parking spaces in the rear?
Because there is... The applicant could talk on more of this, but because there is this going on over here, it would be hard. I don't know if the applicant proposes to keep that or demolish it. What do you say?
Is that a retaining wall from down below?
Yes. I believe so.
The applicant could speak more on that. Okay. Thank you. No questions? Okay. Will the applicant come forward? Welcome back. You get a lot of these odd shapes, don't you?
Yes. Somebody has to buy them, you know? So my name is Casey. I'm here with Conger Group Texas, also NUPAD. My address is 721 The Cottages Drive in Godley. And I'm presenting Goddard. Do you, can you pull my PowerPoint? Oh, you can go to the next slide. Okay, so this is, you saw the side plan from them as well, As far as the off-street parking, we have a lot of width in the front. The lot is 101 feet wide, but it gets very narrow. To answer your question, we did work with our architect quite a bit. We actually tried a couple of different plans that we have for our duplexes, and we did work with her as far as trying to, where could we put this, essentially. We really can't. get any parking to the back. Haltom Road being busier, we were not sure how the access would be allowed from Haltom Road, if they would even allow us to get access off of Haltom, but there's really not enough room back there, right? That's also partially why we can't even go to a 50 foot setback is because if we do that, we don't have enough width or depth for the building. This is also our skinniest duplex plan. It's 40 feet wide. We have some other ones, but they're larger. So we're kind of bringing a plan that is what we have that will work here. Essentially, that 25 foot setback, wanting that to be For 25 is the platted setback, right? 20 is the zoning, but 25 is per the plat in 1950. This has been platted. We didn't plat it at all. We bought it like this. It's always been in this shape. In the neighbors, the whole entire street is front parking. Everybody parks in the front. A lot of the houses are older. They don't have garages. Actually, can you go to the next slide? Okay. So this is the neighbor right next to us. And as you can see, they've got quite a bit of driveway there, but all of their parking is in the front. So we're not really, we're not gonna change what's going on in that neighborhood by doing it. It actually will be pretty consistent.
And then, to the next one. Same.
Yeah, and I've kind of touched on the setback. I mean, both of them are, both of the variances we're asking for are really just to make it buildable. Otherwise, you know, we can't even turn it and face the building off of Haltom because we wouldn't have enough depth in the lot. And then to the next one.
Yeah, you can go to the next one.
This is repetitive. But this is what it looks like. This is a duplex that we built down in Burleson, and we didn't have the depth on that lot either. And so this is not just like a rendering. This is a real picture. This is exactly what it will look like and how that parking looks. So it's not, we're doing what we can with the shape of the lot, but it also isn't, it looks good. It's a nice presentation, so I don't think that anybody would have an issue with it. All good?
Good. Okay. That's it. Is there anybody else here to speak in favor? Not seeing any. Anybody else opposed? Not seeing any. Are there questions for the applicant?
This is Johnston. If you can go back to the diagram that shows the footprint of the property. There you go. Do you know what the distance is between the northeast corner of the duplex and the property line on Haltom Road?
I can find it. One second. So, actually, can you go to the site plan? Because it's on there.
Yeah, I think it's 10 foot 2 1⁄2 inches.
Yeah, it's there. Is that the one you're talking about? It's kind of angled, right?
Right.
Okay, yeah.
10 foot.
I actually think it's 31.
Northeast corner he was talking about, the top right. It looks like it's right at the setback line.
Oh, okay, you're down here?
Correct, yes.
Okay, I was looking at this one.
Have you considered putting a driveway that goes from Goddard Street to the back of the property and sort of have parking in the back?
We did originally with the architect. I'd have to go back and see because she laid it out a couple different ways and this was the only one that worked. But I see what you're saying, like if we wrapped it around here. I'm just not sure that there would still be enough room for four spots back there because I know that the first round of drawings we drew, we were trying to get the parking in the back.
You could potentially get two back there.
It appears to me, I'm not. But we do need like two for each unit, so we would still be here.
And there would be no yards.
And that's the thing, these duplexes are primary buyers for them once they're done is like first time home buyers, veterans, they usually live in one side and rent out the other. So these aren't even just strictly like investment properties, you know, it's usually, and so the yard is pretty important. A lot of these people have kids and I mean, to me, this lot's already on a corner. It might be a little scary. You got a retaining wall out there, but if we can preserve as much of the yard as possible, we want to.
Across Haltom Road, is that Army Corps engineer land or is that Gateway Park?
I can pull it and tell you.
It's not going to be developed.
I don't think so, but I can look in the system and tell you. It's part of Gateway Park.
Anything else?
Have you considered having an entrance to the back area from Haltom Road to have parking in the back?
We haven't talked to transportation about if we could take access off of Haltom Road. We could, I just, I don't think there's enough room for all four parking spots to be in the back.
Also six foot drop. Oh, okay.
Thanks. Anything else? Okay, stick close. Closing the public session, we're open for discussion.
I like what these people do with these properties. They get really creative. They listen to our input. They also provide a home to where there was an empty lot. And I applaud them for that. I'm big fans of theirs. So I don't have a problem with this.
Yeah. I dislike the parking in the front. even if it's consistent, but what we look at are the limitations of the lot, and we have not only this shape, but we have the drop-off, and it provides so many limitations that I don't have a problem with this.
Also the traffic on Haltom Road.
Traffic on Haltom Road.
Initially, I was no, but really it is, hardship is the lot, so. Yeah, there's suggestions what you could do in the back, but it still doesn't, as she mentioned, it still doesn't solve the parking situation. So I could approve both of the variances.
Could you make a motion? Mr.
Separation, can we do this together?
Yeah, I think we need to separate these two because right now we're at nine. So I would hate to have a situation where both items were denied on one vote. Okay.
All right, we'll vote on them separately. Did we have a motion?
Not yet. Go ahead. No, I was just asking him could we do it together, but he opted out to do separately as normal.
Okay. I recommend to, on BAR 26-081, vote separately, but approve variants A and B individually. Thank you.
Second.
Thank you.
Okay, we have a motion to approve case BAR-26-081 as requested by the applicant. Motion made by Board Member Jana Herrera and seconded by Board Member Jim Whitten. We will do a vote separately for items A and B. Roll call vote. Variant A, Board Member Jim Whitten.
Board Member Sergio Garza.
Wish to vote last.
Board Member Michael Johnston.
Board member Deborah Freed. Yes. Board member Jana Herrera.
Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jared Wilson. Yes. Board member Sergio Garza.
Motion passes. Did I get everybody? Yeah. Okay. Motion passes. Now we'll take a roll call vote on variance B. Board member Jim Whitten.
Board members Michael Johnston.
Board member Deborah Freed. Yes. Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jared Wilson. Yes. Board member Sergio Garza. Yes. Motion passes.
Congratulations. Appreciate you coming back down. Thank you. All right. Staff, can we move forward with BAR 26-0825?
The subject property is located at 5537 Curzon Avenue. The property owner is Waterloo Holdings and Investments, LLC, with the applicant being Jose Cruz. The property is zoned A-5, one family district. The applicant is requesting a variance to the requirement that the front yard setback in residential districts shall be the setback of the nearest building on either side that is closest to the street. To allow a reduced front yard setback where a 40 foot front yard setback applies, the applicant is requesting a front yard setback of 20 feet. The subject property consists of lot 19 and lot 20, approximately 6,249 square feet, as reflected on the submitted survey, and is currently vacant. The property is located within an established neighborhood and was originally plotted with alley access. However, the alley remains unimproved. The site contains an approximate 3.08% downward slope extending from the rear property boundary toward the front property boundary. Several mature trees are located on the property, and the subject property is not located within the FEMA 100-year floodplain. No other environmental constraints were identified. The applicant is requesting a variance to the requirement that the front yard setback in residential districts shall be the setback of the nearest building on either side that is closest to the street to allow a reduced front yard setback where a 40 foot front yard setback applies. I already said that, I went backwards, I'm sorry. The applicant is requesting, this is a lot history and there is currently a residential new building permit that is awaiting client reply which is pending the outcome of this case. The proposed residence is located on a corner lot. The applicant is requesting a variance to reduce the required front yard setback to 20 feet, where an established front yard setback of 40 feet is required along Curzon Avenue. The zoning regulates the front yard setbacks in residential districts as the greatest of the plotted build line. zoning district or established front yard. The minimum front yard setback by the applicable zoning district is 20 feet. However, due to the property being located in a neighborhood where at least 40% of the block face has been constructed, a 40 foot front yard setback is the required minimum front yard setback rather than the minimum front yard setback per zoning district standards. The established front yard setback is determined by the adjacent lot on either side of the subject property, which has the greatest front yard setback. In this case, the applicable established front yard setback is determined by the property constructed at 5533 Crizone Avenue, which has a front yard setback of 40 feet according to the site plan. And if the variance request is approved, all other development standards would be required to be met. These are the regulations that pertain to this case. These are the board's actions, and this concludes staff's presentation. I'm available to answer any questions the board may have. Thank you.
Questions for staff?
This may be for the applicant, but is the house, when it's built, going to face, no longer face Curzon? Is it going to face the other street?
The house is facing Curzon. No, Curzon, Curzon.
Still face cars on.
No other questions. Okay, could the applicant step forward and provide us with your name address and more details on this application.
Good afternoon, my name is Jose Cruz. I reside at 795A Dusty Way. I'm here to ask for the variance to move the house 20 feet setback in the front yard. I'm a builder. I've been building houses in this neighborhood for the past eight years. I have built between 20 and 30. And one of the reasons why this shape, the setback is 20 feet in the front. It's a corner lot, and we have a right-of-way, and I'm already losing five feet. And obviously, the backyard, if we move back the house towards the back, we're going to lose backyard. And obviously, buyers will not be interested in buying this house. That's it.
Okay. All right. Is anybody else here to speak in favor? Anybody in opposition? Did we have any correspondence on this?
Support. At least one support letter.
Yes, we did have one support letter.
I have a question for staff.
Down the block, the houses seem to be closer to the sidewalk. We have to base our setback on the house next to the property building.
So are you looking, do we have a Google map or some kind of visual of what's happening on the block?
We'll match what I'm looking at.
Do we know, does staff know from site visits Are most of the houses on the block set back like that 40 feet?
Emily, can you go to the aerial map on the PowerPoint presentation? Does it show?
So this block face is made up of 10 lots and only five of the six that are currently there are closer than 20 feet. However, the ordinance states that in order for us to provide a setback that's less than what is required from the district, there has to be at least 60% built out in that manner. In this case, we only have 50%. Therefore, we have to go based upon a minimum of what she noted earlier in her report, which is more than 40%. So then we go based on the side back of the next door home.
Okay, thank you.
You're welcome.
Any other questions?
Yeah, if you're not comparing the front building walls of adjacent properties, is there a standard setback for this zoning?
20 feet, but unless there is a platted. Do we know what the platted build line is on this?
One second while we pull up the plaid.
This is Chamberlain Arlington Heights plot. So no, there is no plotted building setback. Thank you.
It looks like there's one house next door that set the 40 foot line and once you get past it, it's everyone else is at 20.
No one else would?
No, everyone. Oh, the other houses are at 20. They're at 20, okay. It looks like we should get past the house right next door.
All right. The next six houses are all 20, less than 20.
All right. Okay, well, but I don't think we asked, was there anybody in opposition? I said, I don't think we asked, was there anybody in opposition?
I thought I did. Okay. Hold on a sec. Is there anybody here in opposition?
No. Okay.
There were questions. All right. Let's close the public session. And do we have more? We might have some more questions, so don't get too far away. So do we have comments about this case?
On the aerial map, there looks like a white dotted area that goes across the property. Do you know what that is?
I do not. Staff, do you know what is that, the shading, the white? It looks like power lines.
It is within a floodplain, and that's what those white lines are.
Okay, yeah.
White lines of the floodplain?
Floodplain, yeah. Part of Arlington Heights is in the floodplain.
So the front of the house will be in the floodplain?
Exactly. Mr. Wilson, do you have any comments or insights?
Yeah, just looking at this, what was the rationale for not moving it further back on the property? It's
It is a choice to have more backyard. Technically, it could be moved back.
Yeah. Well, even the garage, I think, could be moved to the back. To me, I think some of this hardship doesn't 100% make sense to me.
I'm having a difficulty seeing the hardship.
I understand some of it because I understand that there's a setback of 20 foot for all the other homes except for that are two that appear to be built out on the street, one on the far end, one next door. Everything else built out seems to be 20 foot setback. So I definitely understand that and can understand the rationale. To me, the layout just seems like maybe it wasn't taken into consideration.
You mean the floodplain wasn't taken into consideration?
Well, just the layout in general.
Because it's a pretty large lot, isn't it? Didn't we?
0.14 acres, same as everything. Okay. all right guys at the corner so it's got extra it's got miss duffy can you speak into the microphone oh sorry because this corner lot it's got extra set back there on the on the side street so it's a little more straight that way than the other lot say that again well because it has a street on its side yard it's got more setback over there than than a Lot would have been on the interior part of the block. So that's why it's looking like a little bit long house. Are we talking compromise? Huh?
Are we talking compromise?
It's talking, it just has more constraints than they would have had if they bought an interior lot.
The required side yard setback is 10 feet. Yeah.
Versus five feet. The lot size is 50 by 125 feet.
Okay. Okay.
Can we go back to this slide that has the property on it with the... Emily, can you go to the site plan? I've got a question for the applicant. Is this two or three stories?
One story.
One story?
One story, four bedrooms, two beds. One of the reasons why we didn't put the garage facing Coulson is because there's some mature trees in the front and we don't want to take them down.
They put the garage in the back?
Yeah, why wouldn't you put it facing the alley?
The garage is not facing the alley. That's facing the other street.
Why would you not put it facing the alley? What was the decision on not to put it that direction?
Just elevation and design. I have built other houses in the past, perhaps 3100 Lee Avenue, 3400 Avenue E, the same layout.
He's in a corner lot. He's got more options than most. You have access from the alley, access from the side. He's going to have a great front yard. He has massive trees on the front yard on the Corazon.
Yeah, if I can. Yeah, but if you look at it, I don't think any of these homes have their garage in the alleyway in this neighborhood at all. So I think that's one of the reasons you didn't do it that way.
Yeah, because based off of this neighborhood, most of the homes were built prior to really developed alleyways. I happen to live... in the neighborhood in a home that's on a corner that has just the first two homes of a developed alleyway so that they could put the garage in the back. So similar scenario to this in the same neighborhood.
So Mr. Cruz, I would like to just make you aware of something and this is I apologize because it should not be this way, but we are down to nine members. And the way the votes work, you would have to get 100% yes. We have been very good lately about having 11 members. It's just this week it didn't work out. So you do have the option of asking for a continuance where it would do two things. You know, there's... In an established neighborhood, there's always a little bit of resistance to do something that's extreme. And by telling me it's one story, most of this neighborhood established is one story. So I can see you're already doing some things to try to fit in. But if you did a continuance, you might be able to look at this a little bit more. Could you push it back a little? Little bit would something and I understand you've got a plan and you don't want to mess with it too much, but I would also give you an option or the Probability not guaranteed that you would have more people and you would not be faced with a 100% Decision Just want to throw that out there and I really appreciate it or you could Throw the dice
I've been trying to do this variance for the past couple months. I mean, I could move back the house so they can, I mean, I don't know if you guys have an issue having the garage in the front. I can move the garage towards the back of the house as well, and I can just get it revised.
Yeah, I was sort of hearing from some people that
I mean, it sounds great to come in from the alley for that car, but I'm looking at these power lines, and it looks like some sort of gas pole sticking up out of here. I don't think he's gonna be able to come in from the alley.
And the alley's not developed, I don't believe.
If there's an electrical pole, I can have Encore relocate the electrical pole.
Have you ever tried to do that?
Yes, done it before. It takes time, but it can be done.
Okay, so folks.
The only other question is, is it gonna chop down those trees in the back?
If I move the garage towards the back, yes. That's one of the reasons why the garage is in the front, because of the trees.
So if you move the house back, say, five feet, would you still have to chop that tree down?
No. If we move the house five feet, I think we should have plenty of backyard, and no, I don't have to move trees.
I can live with 15.
Yeah. So if we did, stated it so that we approved it, but with 15 instead of 20 or with. It would be 25. 25. 25 instead of 20. 25 instead of 20. That's something that you feel you could move forward with and stay on your building plan?
Absolutely.
I'm good with that. Okay. Is everybody in agreement before we do this?
We just sort of have to understand that.
Since we're at nine, I can tell you, I had very deep reservations about the proposal. However, by changing it from 20 to 25 feet, I'm a yes on a vote.
All right. Well. Okay. Well, if we haven't already, I'm closing the public portion again. And are we ready to, is someone ready to put forward a motion?
I'll put the motion. I would like to put a motion for BAR-26-082 for approval at 25 feet.
Second. Approving a 25 foot setback. And did we have a second?
Second. Thank you.
We have a motion to approve case BAR-26-082. Motion made by board member Eric Arteaga and second by board member Powell. The motion is to approve the setback at 25 feet with the stipulation of 25 feet instead of the requested 20 feet. Roll call vote. Board member Jim Whitten.
Board member Sergio Garza. Yes. Board member Michael Johnston. Yes. Board member Deborah Freed. Yes. Board member Jana Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jarrett Wilson.
That's a yes for board member Jarrett Wilson. Yes. The motion passes. Congratulations.
Sort of, kind of.
Thank you, thank you very much.
Yes, okay, best wishes to you on this, okay. If we could call now BAR26-0842.
The property is located at 421 Little Fox Lane. The property owner and applicant is Steven Singleton with the zoning district being B, two family district. applicant is requesting a variance the two family be district development standard of a minimum five foot side your setback to allow a Non-habitable accessory structure a detached carport to encroach into the required side yard along the northern property line the applicant is requesting a side your setback of one foot and The subject property is located in an established residential neighborhood. The 8,343 square foot property is relatively flat and was plotted with alley access. There are several mature trees in the front and rear of the property and there is no presence of a regulated floodplain. There are no other environmental constraints and the primary structure was constructed in 1985 and according to TAD records, the property contains an attached two-car garage and a detached two-car garage. There was prior Board of Adjustments approval to allow a second garage on the property. And this is the rest of the lot history. The applicant is requesting a variance to allow an existing carport measuring 10 feet wide by 29 feet long and 8 feet high. That is located within the side yard setback along the northern part of the lot. The carport is approximately 290 square feet. The applicant is requesting a one foot side yard setback which is deficient from the minimum required side yard setback by four feet. The lot coverage including the carport is currently at 26.45% where a maximum of 50% is allowed. The applicant is required to meet all building code regulations specifically those related to fire resistance rated construction and the proposal is required to meet all other development regulations. These are the regulations that pertain to this case. And these are the board actions. This concludes staff's presentation. I'm available to answer any questions the board may have.
Thank you. Are there any questions for staff?
I have a clarification. So we're only looking at the side yard setback and not approving a non-habitable accessory structure?
Correct, because the carport is not in the front yard. It's only located in the side yard. Okay, thank you.
You're welcome. No more questions? Okay. Will the applicant step forward and provide us your name, address, and give us more information about this requirement?
Good afternoon members of the board. Please forgive me for being a little nervous in that I'm not good in speaking. My name is Steven Singleton. I am a retired Air Force Sergeant of 35 years service. I've been living in my home for about 25 years and I'm just learning about how to do all this kind of stuff. Well, my address is 421 Little Fox Lane, 76108. I am asking for the variance of the minimum of five feet setback to be within one foot. But it was written up as being one foot setback, but due to my fault and theirs, I really needed it to be within one foot, but I'm willing to make it work. Due to the limited space of my driveway that runs along the side of my house that leads to the detached rear garage workshop, due to this limited yard space and between my house and my neighbors, I have asked my neighbor, who shares that portion of the yard, If he had any problems, he says he has no problems with that. And I checked with all my other neighbors to see if they had any problems. They told me they didn't. There is a couple of neighbors that I did not get to talk to due to their working hours, but I'm pretty sure they have no problems either. The carport is needed for my boat to protect it from the sun and weather, which has caused damage to the boat in past incidents. The carport also allows me to perform routine maintenance to keep my boat in good condition for use on the lake. In addition, within a six-block radius of my house, there are enormous carports that are in front of the house and those on the side and some within zero setback. Some examples of the carports are on Farmers Branch Street and Plainfield Drive in which I had submitted pictures. That's all I have to say.
Okay, is there anybody else here to speak in favor? Anybody in opposition? Do we have any questions for the applicant?
Thank you for your service, sir.
Well, thank you, sir.
I think there were some photographs of the proposed carport, and it has a slanted roof.
Yes, that is the manufactured drawing that they was using, or that I'm using, getting from them. And the reason why I was saying that I wanted to be within one foot is because I don't know if it has an overhang or not, and I have to find that out later on. But if it do have an overhang and it puts me over the one foot, I will have the guy cut that piece off if need be.
Okay, are you contemplating it slanting towards your neighbors or slanting towards your house?
It is slanting away from my house towards the center of the yard.
You mean towards the neighbor's house?
Towards the center of the yard. The yard space is, my space is only 13 feet wide. His is bigger, but it will fall along the property line.
Okay, it will fall on the property line.
Yes, actually a little shy than the property line, but I can put it, I can say on the property line is the closest it's going to fall.
I have a question for the applicant. Yes. I'm a little confused. So I see something right now beside your house that's covering your boat, but you're proposing to change it to what's on the screen now?
Yes. What I have right now is just a temporary carport. You can pick it up and move it. It's held by stakes and bricks, you know, and weighted down, in which the top is a – A tarp that I have to change out every three months at $65 a shot because it's only temporary.
Okay, thank you for clarification.
Anybody else have any more questions? I guess the only concern I have is that this design, being so close to your neighbor's house, has the opportunity to have The drainage going into your neighbor's yard?
No, no water goes into his yard at all.
And how does that happen? Do you have gutters or?
Yeah, topography, which actually shed it back towards his house.
Sorry?
Just looking at the street view, the topography, his neighbor's house is higher elevation than his.
Yes. Got it. Good. Thank you. All right. No other questions? Okay. We'll close the public portion. Commissioners, do you have comments, motions?
I have a moment, and I want to visit with you. I think I've got some real concerns about this, carports visible from the street in particular. I would like to make a motion to continue this to the next month's meeting when we would have more people to give you a fair shot. Because right now, one vote denies your application.
I totally understand. That's the reason why I took pictures of all the other carports that was all visible from the street.
I understand that. Unfortunately, we are not able to consider that. I understand.
Actually, this is special, oh, this is not special exception.
No, it's a variance.
And so one of the requirements of the variance is, does the configuration of the property create a hardship to where it would be unreasonable for you to comply with the zoning?
It does create a hardship due to my rear garage. That is actually the driveway to my rear garage.
Again, and it's not a hardship caused by the property owner. Okay. And basically, that is the standard by which we have to address these things.
Yes, I understand. So I think in fairness to you, I'm willing to wait if y'all want to do that.
I will tell you that continued cases come before new cases, so you'll not be sitting all day long. If there's any consolation to that option.
That's a good consolation. This was a very long month.
It is a very long month for all of us. So I will, on the positive side of that, I will say that I am delighted to see it on the side of the house instead of the front of the house. So yes, it is visible from the street, but to me it is not offensive. But again, you've got one vote here that might make a continuance.
I understand.
Actually, I was leaning toward no as well. So there's two votes. So it would be better to continue it.
All right. Do we have a motion for a continuum?
Johnston makes a motion to continue case number BAR26-84 to next month's docket.
Is it possible to get it on next month's docket? Yes. Great. Perfect. All right. Congratulations. Thank you. Yeah.
Do we have a second?
Second.
Okay. We have a motion to continue case BAR-26-084 to next month's meeting. The motion made by Board Member Michael Johnston and seconded by Board Member Sergio Garza. Roll call vote. Board Member Jim Whitten?
Board Member Sergio Garza? Yes. Board Member Michael Johnston? Yes. Board Member Deborah Freed? Yes. Board Member Jana Herrera? Yes. Board Member Lucretia Powell? Yes. Board member Kay Duffy? Yes. Board member Eric Arteaga? Yes. Board member Jared Wilson? Yes. The motion passes. The case is continued.
For the record, I second it.
I'm sorry.
I'm sorry. Do we want to correct that for the record? No. Okay.
Okay. Next case. See you next month, sir. And again, thank you for your service.
The next case is BAR-26-085. The property is located at 3628 Potomac Avenue. The property owner is the Jana and Stan Elliott Revocable Living Trust with the applicant being Stan Elliott. The zoning district is A-7.5, one family district. The applicant is requesting a variance to the one family A-7.5 district development standard requiring a minimum five foot side yard setback to allow an addition to an existing one family dwelling to encroach into the required side yard along the northern property line. The applicant is requesting a side yard setback of three feet, 10 inches. The subject property is a rectangular lot located in an established neighborhood and was plotted in 1928 with no alley access. There's a gradual 4.69% slope extending from the Northeast property line toward the Southwest property line. There is no presence of floodplain on the property and there are several mature trees. The lot is approximately 7,750 square feet in area and there is an existing one family dwelling located on the property that was constructed in 1939, according to Tarrant County Appraisal District. There is currently a residential addition permit, which is awaiting client reply, which is pending the outcome of this case, and it's to include a family room. The applicant is requesting a variance to the minimum side yard setback along the northern property line to construct an addition to the primary structure that will encroach into the side yard setback, creating a three feet, 10 inch setback. The existing primary structure is approximately 1,619 square feet in area and is a two bedroom, two bath home. The proposed addition is approximately 405 square feet and will result in the primary structure having a total area of approximately 2,024 square feet, and a one bedroom and two bathrooms, with an added family room. The property is required to provide a minimum of two parking spaces located behind the front building wall. The applicant complies with these standards. The proposed addition will result in approximately 34.31% lot coverage, an increase from the current lot coverage of 25.21%, but while under the 50% lot coverage maximum allowed within this zoning district, applicant is required to meet all building code regulations specifically those related to fire resistance rate of construction and if the variance requests are approved all other development standards would be required to be met. These are the regulations that pertain to this case. These are the board's actions and this concludes staff's presentation and I'm available to answer any questions the board may have.
Thank you. Are there questions for staff? I'm just confirming what we saw in the materials that while this is a variance, the addition would be totally in line with the existing home. That is correct. So there's really not any change to the overall setback of the house, correct? Correct. Awesome. Thank you. No other questions? Thank you very much. Would the applicant please come forward and provide your name, address, and describe your needs for this variance?
Thank you, Madam Chairman. Thank you, board members. My name is Stanley William Elliott. Our address is 3628 Potomac Avenue, Fort Worth 76107. You're exactly right. The home was built in 1939. We wanna continue the line of the home. We're only pushing the back northeast corner of the house six feet back to add about 200 square feet and then putting on a patio next to it.
Okay, anything else?
No, ma'am, not now. I'm happy to answer any questions.
Right, gotta do this. Is there anyone else here to support this variance? Is there anyone here in opposition to this variance? That being the case, are there any questions for the applicant? Thank you. I'm going to close the public session. We're going to open it for discussion or a motion.
I'd like to make a motion if nobody cares. Being as this goes with his existing house, I don't see any reason why we can't approve as written his variance so he can do his addition.
Second.
Thank you.
Okay. We have a motion to approve case BAR-26-085 as requested by the applicant. Motion made by Board Member Kay Duffy and seconded by Board Member Sergio Garza. Roll call vote. Board Member Jim Whitten. Yes. Board Member Sergio Garza. Yes. Board Member Michael Johnston. Yes. Board Member Deborah Freed. Yes. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Yes. Yes. Board Member Eric Arteaga? Yes. Board Member Jared Wilson? Yes. The motion passes.
Congratulations. Thank you for your patience today. I know it's been a long one. All right. And could we now hear BAR 26-086?
The property is located at 2059 West Lotus. The property owner is Brett and Sarah Bowden with the applicant being Brett Bowden. The zoning district is A-21, one family district. The applicant is requesting two variances. Variance A is to the required 20 foot front yard setback for a through lot where the rear yard is subject to front yard requirements to allow a habitable accessory structure, a pool house, to encroach into the required front yard. The requirement is 30 feet and the applicant is requesting one foot. Variance to the one family A-21 district development standard of a minimum 10 foot side yard setback to allow a habitable accessory structure pool house to encroach into the required side yard along the eastern property line. The minimum required is 10 feet and the applicant is requesting 6 feet 1 inch. The subject property contains a 13,678 square foot interior lot in an established neighborhood. The subject property is irregular in shape and was platted with double frontage along West Lotus Avenue and Oakhurst Scenic Drive. The lot contains several mature trees and is not located within a floodplain. The subject property is... Located in the i-35 West corridor design overlay district it is the purpose of the i-35 West design overlay to provide standards and guidelines and administrative procedures for new construction and certain renovations in the corridor zones to promote and encourage excellence in development through quality site layout lighting landscaping and design while creating a unified and natural landscape along the corridor zones and There is currently a residential accessory new permit, a pull house made out of a shipping container awaiting client reply, which is pending the outcome of this case. Variance A, the applicant is requesting to allow an existing pool house made out of a shipping container with a front yard setback of one foot. The minimum front yard setback by the applicable zoning district is 30 feet and the pool house is 24 feet with eight feet long and nine feet in height, which comes out to approximately 192 square feet. Section 6.101E of the zoning ordinance states that the rear frontage of a through lot is on an interior or wider street. The rear yard setback standards for the applicable district apply. And if the rear frontage of a through lot is located on a local or collector street, the front yard setback standards of the applicable district shall apply. And according to the master thoroughfare plan, Oakhurst Scenic Drive is classified as a local road. Therefore, the front yard setback standards are applicable in this case. Applicant is requesting a variance for a 6 foot 1 inch side yard setback which is deficient from the minimum required 10 foot side yard setback by 3 feet 11 inches. The addition of the existing pool house will result in an overall lot coverage of 14.21% increase from approximately 12.80%. The A-21 district lot has a 30% maximum lot coverage. And if the variance requests are approved, the applicant will be required to comply with all applicable development standards and regulations and will be required to obtain an encroachment agreement for the utility easement prior to building permit issuance. These are the regulations that pertain to this case. These are the board actions. And this concludes staff's presentation. And I'm available to answer any questions the board may have. Madam Chair, I would like to make one point of correction.
Yes. This property is not located within the I-35 overlay district. However, it is located within the I-35 scenic corridor. The overlay district does have regulations that would potentially apply to this property had it been in that overlay district. However, this one is in the I-35 scenic corridor that has no applicable regulations that pertains to this project. Thank you. Yeah, we'll take a break.
We can't proceed until we have the quorum. We need to take breaks when that happens. Pardon us. Okay.
Anybody else?
Is there any other need for a break? I'll just do it. I'll just stand up here. Okay, shift. Okay, all right. Yes, if the applicant would please come forward.
Hello, my name is Brett Bowden. I live at 2059 West Lotus Avenue. And as you can kind of see from the site plan, we have a really unique lot. And when we bought the house in 2019, the fence had been pushed back quite a ways. So we didn't realize where our property line properly ended until we put in our pool and did that big project and kind of did this all at the same time. I screwed up. and I thought I found some sort of loophole that you could have a less than 200-foot structure without going through all the permitting stuff, and I was wrong. And so I'm here to make that right. There are issues. You can see, like, where it says ROW on that site plan there, that's right-of-way. That's all heavily treed, and right behind that is Oakhurst Scenic Drive. It sits about... our lots is about 30 feet higher than Oakhurst Scenic Drive. So there's really no, you can't really see the structure from the front yard. You can't see the structures really from the sides. And We don't have a backyard neighbor. Our side yard neighbor on the side that the pool is on, they actually have a detached garage structure that sits in front of all of that. So it blocks their view of it as well. And the backyard sits about four or five feet lower than the front yard, which takes that elevation down and makes it harder to see from the front yard. So we don't have As far as that, it's not a distraction to the neighborhood or anything like that. It does sit in an easement there. I've gotten letters from all of our utilities that approve of this structure, and I've worked with the city and the permitting office to get all the proper engineered drawings and architectural drawings, et cetera, to hopefully get all of this approved. So with that, please ask me any questions you may have.
Great. Do we have anybody else here in support of this application? Do we have anybody else here in opposition to this application?
We have received one letter of support and one letter of opposition. Okay. Should we put those up? We received, I'm sorry, four letters of support and one letter of opposition. The letter of support, the member of the public, she was here earlier, but she had to leave, so we'll display that one on the projector.
We go to the next page and see do we have an address where this person where this person lives there.
Go down one more stage.
So on the same side of the street, but not adjacent. Okay, just because we do have a letter of opposition, I think that we need to see that as well.
Stacey, can you scroll through all the support? There were four.
One of the supports was, okay, full support. Okay, and continue please. And I think that's the same as the one before. Is there – I did not see one of opposition when I went through this.
I don't recall it. I just saw support last night.
Yeah, I didn't see any opposition. I think she was in – The opposition was here in person, and she had to leave, so she wrote it down for us.
We need to see that. She's putting it there. No, they were all support, several of them support. Is there more? And there were some reference of photographs or? Hmm?
That's the last page.
Okay.
She says she can see this structure?
That's what she says in her letter, yeah.
Can you see the structure? The pictures?
Yeah. This is before, this is 2019, not in here.
Well, it's shown in, oh, yeah, if you could push that up just a little bit. To the top right image and the bottom right.
I tried to see this from street view, even from my inner street 35, you can't see, even January when there's no leaves on the trees, you really can't see the structure from the street.
Am I allowed to speak or no? Not yet.
I have an issue with this. This is a considerable
Where we are right now is actually we're listening to the opposition. And when we finish with this, yes, you will have three minutes to comment about the opposition. So do we think that we have seen this, so I think we have heard from the opposition. So I think we can now go, and if you have three minutes, you can explain to us your position on this.
Okay, so she is the neighbor to the west of us. Where she is standing in this picture is the neighbor to the east of us, who has no problem with this and has actually complimented us quite a bit. The bottom right picture, she is taken from standing up on top of her fence. She has an eight-foot fence in her backyard, in our backyards that's lower than hers. So she cannot see it from her backyard. At some point in the past couple of years, we were very, very friendly. And at some point, somehow our relationship got crossways and She's done everything that she can to make our lives very, very difficult. And the support of our other neighbors is probably because they understand that this is a situation. It's a full neighborhood situation, if you catch my drift.
Finished.
I believe so.
Okay. All right. Thank you. All right. So now we're to the point where you can ask questions of the applicant.
Yes, ma'am. So earlier they mentioned you're in the I-35 scenic corridor. Can you see your house from I-35?
It's pretty heavily treed, so no, not really.
So I sat on Google Maps. I can't even see anything in your entire neighborhood from my 35.
Correct, yeah.
If I'm standing on there. Can you see your house from Scenic Drive?
Not really. Maybe in the fall, maybe. Yeah, I don't know. But we sit up about 30 feet higher than the actual street.
And the reason you can't see your house is because there's a bazillion trees. Yeah, and and those trees are all in on your on your map. It's marked a right-of-way Is that a right-of-way because of this because of Elkhurst City Drive? Or is that a right-of-way because of the railroad track this right back there?
Because it's the scenic drive, I believe. Yeah, not the railroad.
It's an excessively large right-of-way. It's not your standard.
It's a huge right-of-way, yeah.
Right. So if we ask you to be 30 feet back from your property line, I'm measuring with Google Maps the corner of your little pink pool house to Oakhurst Drive is at its least point over 80 feet, right?
Yeah, for sure. It's very far.
And there's trees in between and you can't see it from Oakhurst Drive.
Correct.
And if you decided you actually wanted to make it a through lot where you actually drove, put a driveway all the way back to Scenic Drive, could you do that? Or would the city make you do, I mean, those trees belong to somebody else.
The trees technically belong to the city, and so we've talked to the city about doing a right-of-way abandonment. I think we're going down the path of doing a right-of-way encroachment on the land that's actually the fenced-in part. There's a fenced-in part of our yard that technically belongs to the city, as is the case with a lot of Oakhurst and older places.
So you're already having trouble with that because it's in the right-of-way? but calling that a front yard over there is really... That's not a front yard. It's not a front yard in any sort of way.
Correct.
Straight across Oakhurst Drive is a railroad track, and just to the right is Mount Olivet Cemetery.
Correct.
No one really even drives around that corner.
From our backyard, you can see industrial lights from behind the cemeteries and such.
I have family members buried just feet from you.
Yes. Please tell me again, these four pictures that are on the screen, and maybe they could be slid around so we could see them, but three of them are taken from, if I understand this correctly, three of them, and which three are taken from your neighbor who does not complain about this?
None of them were taken by the complainer. Sorry, none of them were taken by our true neighbor that is on that side. These were all taken by someone that cannot see our backyard.
But these were taken from?
From someone else's backyard, or from someone else's yard.
From the neighbor who does not complain? Three of them were taken from the backyard of the neighbor who does not complain, is that correct?
The two on the left are before.
Yeah, the two on the left are before. On the right hand side, the top right corner, that is taken from our friendly neighbor's yard by our unfriendly neighbor. And then the bottom right corner is taken from our unfriendly neighbor's yard, but sitting on top of her fence. Correct, yeah.
Any other questions for the applicant? All right. I'm going to close the public portion and we can convene amongst ourselves or move forward with a motion. I do have one more question or discussion.
So when you look, can we have the site plan again? The black and white one that has... So, yeah, that one. So the corner, the little pink house is the structure in the way back?
Correct.
And the corner that seems to be, it's in line with your pool and your house, right?
Correct.
So it hasn't gone out further into the setback than the pool and the house already are?
No, not on that side. Only, really only on the backside. We did get a variance for our pool when we put our pool in to be into the side yard set back there.
Got a variance for the pool already?
Yeah.
And, okay.
So the idea was to have a complimentary structure to fit the architecture of the yard, if that makes sense.
And I'm just going to ask you one more question. On the appraisal district, it's showing your lot at 0.3 something acres, less than a third of an acre. But you're zoned as an A21, which has a minimum lot size of a half an acre. So it looks like from what I can see is several of the properties on that side of your neighborhood have been zoned that way. Not all of them quite make it to half, a few make it to half an acre, but a lot of them are closer in size to yours. But if you were zoned in the zoning category that includes your site, a five foot side setback is all that would be required. So I'm just gonna throw that out there.
Thank you.
Thank you.
Okay. We need to... I'm sorry. Yes. Do we have any comments on this? Mr. Johnston?
Yeah, I do. I'm struggling with it because, again, the requirement... is that there is a feature of real estate, the property, that creates an unreasonable hardship not caused by the owner. And so obviously this was created by the owner, it was put there by the owner. And I'm having a lot of reservations about A. B, not so much, but A, I am.
See, I'm opposite because A, that's technically a front setback, but it's really not.
It's really not. And if there was a street there or a scenic corridor, I would feel one way.
Houses across the street, yeah.
30 feet above scenic drive, and there's a right-of-way of trees in between.
Yeah, I have absolutely no problem. Mr. Johnston, I had no on that because I didn't fully understand. So listening to the explanations and how it's written, I mean, he doesn't back up to technically there is a street there, but nothing can be seen. So in listening to all the discussion and going back and reading again, And I'm now okay with this because when you look at it, it seems like, oh, he's not in compliance. But it's the fact that the backyard becomes like the front yard, right? Right. And that's not his front yard, and it can't be seen as what he said. So I was initially no because I didn't fully understand. Now I get it, and I'm fine with that. I don't know if that helps. That's just feedback because I didn't get it.
I didn't get it either because I was thinking, how is this so close to the front?
Yeah, and the layout, it didn't make sense to me.
But there's a big buffer, I don't know how many feet, between the back property line and Scenic Boulevard. I mean, maybe 70 feet. I don't know. It's huge.
Yeah, that one in Google Maps is 80 from the corner of the pink house to the street. It's 80 feet.
So that, Mr. Johnson, the variance A, I don't see anything. The variance B, I'm also okay with. Given the, we've got the lot shape, can be the issue, but it's also just the facts that we've learned and that putting that on the other side of the house where it fits would put it in line with the neighbor that doesn't want to look at it. Whereas where it is now, the neighbor doesn't mind. I mean, the side of the house that it's on that we're asking for the side setback variance, but that neighbor's okay with it.
Something that you brought up that I think holds a little bit more weight with me now thinking about it is that if it was zoned for the size of the lot that it is, there would not even need to be a variance for it.
For the side setback.
For the side setback.
But also, did you say you got a variance for the pool? And it was a side yard setback variance.
And we're in line with that. So again, we're down to nine members.
Okay, I've seen the light.
Okay, thank you. That's what we were waiting for.
Is that a threat?
All right, does anybody have a motion? And we can vote on them separately if it makes you happy.
It does make me happy.
Okay, we'd like to make you happy. Yes, Ms. Duffy.
I'm going to make a motion that we keep the pink pool palace and vote on the two variances separately to let it stand where it is.
Okay. So there's a motion to approve?
Motion to approve.
Do we have a second?
Second.
Thank you.
Okay, we have a motion to approve case BAR-26-086, motion made by Board Member Kay Duffy and seconded by Board Member Jana Herrera. Roll call vote. Board Member Jim Whitten. On A. I'm sorry, we'll take the vote separately. Variant A, Board Member Jim Whitten.
Yes. Yes.
Board member Sergio Garza? Yes. Board member Michael Johnston? Yes. Board member Deborah Freed? Yes. Board member Jana Herrera? Yes. Board member Lucretia Powell? Yes. Board member Kay Duffy? Yes. Board member Eric Arteaga? Yes. Board member Jared Wilson? Yes. The motion passes. Roll call vote for variance B.
Can I ask a question really quick before B? Because we haven't confirmed the existing variance from before, if we vote on this one at six foot one inches and the one he got previously was five foot nine inches, does our vote override what he already has on the property?
So this vote is just for the pool house to be at six foot one inch, but Emily, did you confirm the previous variance?
Oh, should we have two minutes?
The previous variance, BAR-23-002, requested 10, sorry, required minimum setback of 10 feet, and they requested two feet, and that was approved.
So do we need to vote on this one?
Yes. Yes. Let's finish the vote. For B.
Again, we're not going to override the two feet one.
No, that was a variance for a pool. This is for a structure.
Roll call vote for variance B. Board member Jim Whitten. Yes. Board member Sergio Garza. Yes. Board member Michael Johnston. Yes. Board member Deborah Freed. Yes. Board member Jenna Herrera. Yes. Board member Lucretia Powell. Yes. Board member Kay Duffy. Yes. Board member Eric Arteaga. Yes. Board member Jared Wilson. Yes. The motion passes. Great. Congratulations.
We need a break. Okay. Okay. We're going to take a very brief. Please come on forward any time we can see. Okay.
No, I just...
Okay.
Staff, if we could hear BAR 26-087.
The property is located at 2525 Stadium Drive. The property owner is Grant and Sydney McCurdy, with the applicant being Tom Bates on behalf of Glendale Roach Homes. The zoning district is A-5, one-family district. The applicant is requesting a variance to the one family A-5 district development standard requiring a minimum five foot side yard setback to allow a detached non-habitable accessory structure, which is a detached garage to encroach into the required side yard along the southern property line. The applicant is requesting a side yard setback of zero feet. The subject property is a vacant lot located in an established residential neighborhood. The 8,835 square foot property is relatively flat and was plotted without alley access. There are several mature trees in the front and rear of the property, and there is no presence of regulated floodplain. There are no other environmental constraints. The primary structure was constructed in 1937, according to TAD records. This application has previously gone before the board back in 2025. However, it has since expired, which means they have to come back before the board again. There is also currently a residential accessory permit, which is for a detached garage currently awaiting client reply, which is pending the outcome of this case. A garage measuring 18 feet 4 inches in width by 30 feet with a total area of approximately 550 square feet is currently located at the southeast corner of the lot. The applicant proposes to construct in addition to the existing structure resulting in a 660 square foot garage with overall dimensions of 22 feet in width by 30 feet in length. The expanded garage would remain situated in the southeast portion of the lot. The proposed garage is located approximately zero feet from the side property line. The requested zero foot side yard setback is deficient from the minimum required side yard setback by five feet. If the proposed garage extension is approved the lot coverage will go up to 33% where there is a 50% maximum lot coverage and the applicant is required to meet all building code regulations specifically those related to fire resistance rate of construction and the proposal is required to meet all other development regulations. These are the regulations that pertain to this case. These are the board actions and this concludes staff's presentation and I'm available to answer any questions the board may have. Thank you so much.
Do we have questions for staff? I have just one. Am I understanding that there is an existing garage, we're expanding that garage, so in effect we are not changing the side setback? That is correct. Thank you for the clarification.
Last time that we approved, was it for the same thing he's requesting today?
Yes. So it's been discussed and approved before?
Yes. The variance expired, so that's why he's coming back.
Great. Okay. Let's hear from the applicant, please. Hi there.
I'm Tim Bates with Glendare Combs, live at 3817 Mockingbird Lane, and we are just asking for an extension of the variance that was already approved.
Great. Is there anybody else here to speak in support? Is there anybody else here to speak in opposition? Seeing none, do you have questions for the applicant? Seeing none, I will close the public portion. Stay close, we always have questions.
I'd like to make a motion.
Okay.
To approve BAR 26-087 as written.
Second. We've got a motion and a second.
We have a motion to approve case BAR-26-087 as requested by the applicant. Motion made by Board Member Sergio Garza and seconded by Board Member Lucretia Powell. Roll call vote. Board Member Jim Whitten. Yes. Board Member Sergio Garza.
I wish to vote last.
Board Member Michael Johnston.
Board Member Deborah Freed. Yes. Board Member Whit Wollman. I'm sorry. Board Member Jana Herrera. Yes. Board Member Lucretia Powell. Yes. Board Member Kay Duffy. Board Member Kay Duffy.
I believe I may have voted against this in January, but as we are limited in people here and they had an approved variance before I'm gonna vote for it.
So that's a yes for Board Member Kay Duffy. Board Member Eric Arteaga. Yes. Board Member Jarrett Wilson. Yes. Board Member Sergio Garza. Yes. The motion passes. Congratulations.
Again, apologies for this taking so long. Thanks for hanging in there. And BAR 26088.
This is BAR 26088. The address is 128 Whisper Willows Drive. The owner is Brian Brooks. The applicant is Brian Brooks. It's a variance to the one family A-43 district development standard requiring a minimum side yard setback of 25 feet to allow a non-habitable accessory structure, which will be a garage to encroach into the side yard along the northwestern property line. The minimum required side yard setback is 25 feet. The requested side yard setback is 21 feet. The subject property is a one-acre interior lot located in an established residential neighborhood. There are some mature trees on the lot, no presence of a floodplain, and relatively flat without a platted alley. According to TAD, the primary structure was constructed in 2014, and the main area is approximately 3,612 square feet. The property fronts onto Whisper Willows Drive and contains a garage. Right now, they have a permit, which is a garage addition, and it's awaiting client reply, which will be the results of this board meeting. Again, the variance is the applicant is requesting a variance to construct a 26 by 20 additional garage. The minimum required side yard setback is 25 feet, but the applicant is requesting 21 feet. Here are the Board of Adjustment actions. And staff is available for any questions.
Questions? Did I? I did see that when the deed restrictions, that this met deed restrictions when it was originally built. Is the addition in line with the original garage? I believe so. We'll check with the applicant. Yes. Okay, thank you. Any questions? More questions? Yes.
Is this some property that was annexed after the deed restrictions?
Yes, more than likely.
That's my guess. Was the property annexed by the city?
I'm not for sure of that. You may want to ask the applicant. Any other questions of staff? Thank you.
Will the applicant please step forward, state your name, address, and the reason for this variance.
Good afternoon. Somebody has to be last.
Yeah, and you get extra points.
Well, thank you for your time and consideration. My name is Brian Brooks. This is my wife, Tina. We both reside at 12825 Whisper Willows Drive in Haslett, Texas. We are requesting a variance for a garage addition to the front of our house. When determining to build and filing for a permit, we realized that we did need a deed restriction or a variance. We don't have an HOA, but we do have deed restrictions. We are within that deed restriction of 15 feet side setback. We're asking for a 21 foot side setback. It will be in a non-inhabitable garage. It will be common roof with our existing property, no higher than the existing property. It will be connected via a breezeway. We have the same architect that drew our plans for the house that are drawing the plans for the garage for flow and appearance. We're using the same material and look as the existing house for aesthetic purposes so that it does not look added onto. and we believe that it will enhance the value of our home. I had hand-drawn what you see on the presentation. I asked for a 21-foot variance. Once we finalized with the architect, he had plans of 19 feet. If you are stuck on the 21 feet, we'll modify the plans to make sure we're within 21 feet, although I do have the final plans, which I submitted earlier, last week on the 8th. I have them here. They are 19 feet. I would prefer that, but if not, we'll go with 21, whatever you guys decide. We do have two neighbors. The neighbors on the western side of our property have given their support and did sign a support petition. We respectfully ask for your approval to proceed with the construction of this garage.
Anything else?
Not unless you have questions.
All right. Is there anybody else here to speak in support of this variance? Is there anybody here to speak in opposition of this variance? That being the case, do you have questions for the applicant?
Board Member, I would like to add, just to answer Board Member Jim Witten's question, the property was annexed in 2005. And additionally to the applicant, a request for a reduced setback is not allowed at this point. However, you can request a continuance. We'll have the legal notice for 19 feet. If you would request 22 feet, we can handle that here. But reducing that setback will require a new legal notice to be sent out.
If I can do that, well, no, I'd rather not. I want to proceed with the construction. So we'll adjust the breezeway to accommodate the 21 feet.
So looking at this, I was incorrect. This is not an addition to an existing garage. This is a new garage. Is that clear?
That is correct. Okay.
Yes. So... Okay. Any other questions? Okay. That being the case, I will close the public portion for discussion amongst us. Do we have any comments, any inclinations?
I'm just not clear on what he wants to do. I wish it was a little more, you know, walk me through it, what we're doing.
Well, we're building a garage adjacent to the house that is of the same construction, same architects, same materials. He's got a very large lot, and based upon that zoning, it requires a side setback of 25 feet. What he's requesting is four feet less.
Your screen will show where the proposed garage will be.
I guess, can I ask a question of the applicant? Sure, we'll open it back up. Is there a reason why the garage is not built next to your main residence in front of the pool house?
You mean along the side there, if I've moved it?
Yeah, in other words, by moving it... towards your main residence?
On the side there of the pool house, there is a propane tank that is buried. We have a generator on that side, and the propane tank feeds the generator. So we have a 10-foot diameter around that propane tank that we cannot encroach upon, so we had to move it
Okay, can you point out, it's a propane tank.
Jim, can you help?
I have, can I show this drawing here?
That would help us a great deal.
I have an architectural drawing that shows the propane tank, and I'll point that out to you.
Yes, please.
Excellent question. Thank you. Thank you.
Can I draw on this now? You see the circular?
Yeah, I see the circle. Is that where the propane tank is?
The square in the middle is where the tank is. And so you've got that 10 foot diameter around it. So we could not push the garage any further back. So it has to be.
I guess my question is in that spot, I believe it says 35 feet something inches.
Oh, that's the existing driveway. Oh, that's the driveway. And actually, the architect suggested that we put the garage where we have it so that we can use the existing driveway. We don't need to add additional driveway space.
And that existing driveway goes, you have garages in the house?
We have garages to the left of that.
So you need the whole 35 feet to be able to back out of.
To be able to pull in and out of. Okay. That helps. Thank you. Yes.
Any other questions? Thank you.
I know you guys are going to hate me, but because he's in the middle of nowhere, I don't have a problem with this.
Why would we hate you?
based on his explanation I mean that's the hardship of why he can't move that back further because he has more space in his backyard but that prohibits them from moving further back so I do not have an issue based upon his explanation which becomes his hardship it was either
move the propane tank, dig it up and put it back there in the back and reroute all the lines or put the garage where we put it.
So I may have missed this. Is your neighbor in support of this?
The neighbor directly to the west, they have approved it. The neighbor across the street and to the west, they have approved it as well. I didn't bother with the other neighbors because they really were not that affected. I went to the neighbors that were more impacted by this because it's on the west side of our property.
Thank you.
Do we have a motion?
Yes, we do. I'd like to make a motion for BAR 26088 to a motion for approval as written. Second.
Second.
Okay. We have a motion to approve case BAR-26-088 as requested by the applicant. Motion made by Board Member Lucretia Powell and seconded by Board Member Jim Whitten. Roll call vote. Board Member Jim Whitten?
Board Member Sergio Garza?
Board Member Michael Johnston? I would compliment our chairperson on a wonderful way that she has... CONDUCTED OUR MEETING IN AN EXPEDITIOUS FASHION ON SHORT NOTICE. AND WITH THAT, I'LL VOTE YES.
OKAY. BOARD MEMBER DOUBRA FREED.
BOARD MEMBER JANA HERRERA. YES. BOARD MEMBER LUCRICIA POWELL. YES. BOARD MEMBER KAY DUFFY. YES. BOARD MEMBER ERIC ARTIAGA. YES. BOARD MEMBER JARED WILSON. YES. THE MOTION PASSES.
congratulations and again thank you so much for your patience today I'm so sorry we had a lot of cases
Is our motion adjourned?
I would like to thank you to all the board members who stuck around to hear out these cases so they won't all get continued to next month. And I would also like to introduce you to our new staff member, who is our planning assistant, Sanchez Collins.
There's no training. Training right now, you always we had an hour of training.
No. Thank you, Ms. Sanchez. Do you want to adjourn the meeting? You want to adjourn?
Oh, yes.
We are adjourned.
This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.