Land Use & Zoning - Regular Meeting

5.30, you all ready? I'm ready.

Arlene, you ready?

I'm ready.

All right, I'd like to call this meeting to order Monday, August 17, 2026 at 5.30, Board of Zoning and Adjustment. Please stand for the invocation from Mr. Beal.

We have the Father. Help us make good decisions here for the city and for the people that live in the city. We're here to help people, and we know with your guidance we can do the right thing for everybody concerned. We ask all these things in Jesus' name. Amen. Amen. To the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Here. Mr. Thomas?

Here.

Mr. Farr?

Here. Mr. Brazil?

Here.

All right, I need a motion for the approval of the previous meeting. So moved. Please hit the green button. All right. Please vote.

All right, motion passed.

There you go. Oh, there you go. All right, we have a motion passed. All right, now I need a motion for approval of the agenda. I get a motion and a second. Please vote. All right, motion passed. I also need a motion and a second to remove item number three. Let me hit that. All right, got a motion and a second. Who's vote? Now I need a motion and a second to approve the agenda as amended, right? All right. We've got a motion and a second. Please vote. All right. So now we have an agenda. All right. First item up is resolution granting a variance to Justin Quibido, 202 Lynn Lane to allow open carport to be 12 feet from the front property line rather than the required 30 feet. Is Mr. Quibido here? All right. Would you like to come to the mic and tell us what you're looking to do?

I'll take a look. Yeah, or pass them to Austin or something. And also have a petition basically with the neighbors on that end of the dead end street saying that they are fine with it. I don't know. They ain't got about five of us down there on that end, so I didn't go to the other end of them.

Do you know if they're all property owners or renters?

As far as I know, they are. I didn't ask if they were owners, but as far as I know,

So you want to build the carport?

Yeah. She wants to build the carport. Got a lot of money in her hair when it gets wet. I hear it. Yeah, we bought the home in November. Ignorance is not an excuse, but I wasn't aware of the ordinance when we started building this. So we got stopped by the inspector and started going through the ropes. I've been working in Denver since November. I flew in for for this to try to see if we can get it approved. And the pictures kind of speak for itself. The end of the awning is about 12 foot from the 13 foot easement that the city has. So I guess 25 feet from the edge of the road is where it would be. In the pictures, it kind of shows that it doesn't really obstruct. I think that was one of the things that I told the neighbors to make sure it wasn't an obstruction to their view when they're coming down and coming back from the road. That's pretty much what we got.

I looked at it. No, I just back of the hand calculator. I think Austin can correct me if I'm wrong, but from the east of the house to the property line is already like 30, 31 feet.

Yeah, there's no room for nothing as far as from the ordinance.

You may get one foot. Yeah. But is it worth it? Yeah. Anything from the board members?

What I will add, the way I'm not hiding nothing, what was forgot about in that, not going any further out, but there's also a 5 foot by 15 foot breezeway from that carport to the front door. It's only 5 foot off the house. I don't know if that was supposed to be in there. Like I said, I was working in Denver and I come in and tried to take care of all this stuff in the last minute. And because it's not on that paper, it's not approved, then we won't build that. But I just wanted to make sure I told you that in case you'll drive by later and see that and it looks like I was hiding something. And in the permit, the drawing showed everything. It showed the 5 foot by 15 foot and then the 20 by 20 carport, which are represented in those pictures.

You did pull a permit?

No. So I got it going now. So what happened was, like I said, I'm working out of town. I try to take care of everything over the phone. It was a miscommunication. No excuse, but it was a miscommunication. One guy was supposed to pull it and this one thought he pulled it and I thought he pulled it and he didn't. Found that out when we got stopped after the fact. So today I went over there, filled out all the paperwork, gave the drawing and told her what was going on with this, and she said once this was either approved or denied, depending, that's whenever the permit would either be released or not. I did speak to the inspector that shut it down. He actually came by when I came home one of the other times, and he couldn't say much. I mean, I guess that's his job, but he didn't have any problem with it other than we didn't have the right variance and paperwork.

Dead end. Yeah, it is, but it disagrees with the character of that end of the road, in my opinion. But we'll see. I mean, we've got some neighbors here to speak, I think.

Arlene, was there any complaint or anything? There was nothing like that?

No. And your petition that you got, now that's from your house going back toward the dead end?

No, yeah, yeah. So basically, just, let me see where I'm at, just south of my house, which is Mr. Joe, across the street from him, and then all but one on the dead end. There's an elderly couple on the very end, and they had some health issues. They weren't home, so it's everybody but them that I was able to contact.

All right. What about Austin's recommendations?

what did you see um my recommendation was what mr jonathan said it was kind of against the character of the neighborhood so my recommendation was not in favor for it i think it's going to enhance the house myself i mean

I live in an area where they do it all the time. It's a common building practice where I live. That's the way it's supposed to work.

All right, I'm going to open it up for motions to discuss it further if anybody wants to motion. All right, we've got a motion and a second. All right, now we can discuss it more. Thank you, sir.

All right.

I've got a speaker, Mr. Joe Rich.

I want y'all to put that map back, though, if you please.

Harleen, can we do that, please?

This one? Okay. This is my house.

Yes, sir.

This is where Marilyn tied in to Lynn Lane. Yep. Anything from here back, you can see, is dead end. Yes, sir. That's the... There was a couple that had the house that they bought it from. They had built one and Laura took it. And they never put it back up. There was one pole that didn't bend that they left. and that's what they were working off of so i mean there was one there and it never caused any issue at all in the neighborhood and with everybody signing a petition in that area i don't you know i don't really see a problem with it it's There's plenty of room for them to back out of that carport and still be in their driveway for, you know, safe backing into the road. But a dead-end street with very little traffic, I don't see a problem with it. That's my main concern. Okay, thank you.

And you're okay with it changing the character of the... Because, I mean, right now, nobody else has a carport like that on your end of the street, Jim.

No, but I mean, I don't have a problem with it. I mean, there was one there before, so, all right.

Anybody? All right, anybody else want to speak on this item from the audience? Anybody else on the board have a comment?

I'll say this real quick. So there's about, including the houses on Maplewood, there's about 43 to 44 houses in there. And you're right, nobody in the neighborhood has a carport like that or a covering. But if Mr. Joe is saying that there was one there before, I don't see a big deal. And if there's nobody on that dead-end strip that's going to be looking at it every time they pull out of their driveways here to complain about it, and it keeps you safe and dry, you know, that's what these meetings are for, right? Like, it doesn't fit the rules. Well, that's why we're here doing variances. If nobody's here against it, I'm for it. There's also a vehicle at the end of that road next to Energy's easement. It looks like it's been there for... My little girl's 10, so somewhere in that neighborhood if I had to guess. No, I haven't been there that long, but it's been there for a while.

I can tell you that couple on the end, that's the elderly couple that he was talking about. They parked some cars on the road right there at the end by their house. So that might be what that is. I don't know. I didn't look at it real good. But most people... In that neighborhood where Lynn Lane and Maryland intersect, they turn right.

Right, they turn south. Right, that's right. And they don't come down our way at all. Yeah. All right. Okay. Thank you, Mr. Joe.

All right, so I have a motion and a second. Anybody else want to speak on this before we vote? All right, let's vote. All right, motion passed. next item up on the agenda is resolution granting a variance to right-way developers incorporation lots four five margo lane to allow for lot four to be nine thousand one hundred and eighty seven square feet rather than the required ten thousand square feet and lot five to be nine thousand four eighty five rather than the ten thousand square feet all right anybody here from right wave developers yes all right would you like to come to the mic tell us what happened

My name is Lonnie Barnhart. I purchased three lots on Margo Lane. The original surveys we had, and I didn't realize we had to have 10,000 square foot, but the lots three and four showed over 10,000 square foot, and lot five showed 9,700 square foot. Well, there was an issue with the fence on the property, the neighbor to the north. And when we started getting that straight, the seller disagreed with what my surveyor found. So he hired a surveyor and found out that the fence was definitely on the lots I was buying. And what was written on the existing surveys was wrong. There was less square footage there. than I thought I was buying. I probably should have held off, but I went ahead with it. And now I'm in a position where I need to get a variance to build. There's plenty of room to build the houses there. Most of the lots in that area are about 9,200 square foot, and mine are all there or a little bit 100 square foot short. So it's going to be tight, but I can put the houses on there I want to. And I'm just trying to get approval to do that.

Thank you, sir. So it was a survey issued.

Yes, the original survey showed on lots 3, 10,000, looks like 300 and something, lot 4, 10,038, and lot 5 was 9,700. Now, since Leo Reddick has resurveyed it, it's come up to the dimensions y'all have now.

Any questions from the board members?

I got one. Are you going to be able to meet all your setbacks?

That turns into another thing, but yes, I will if I have to. The road is actually poured. onto the property, onto the lots I bought. I can make it with a 30-foot setback, but it's going to be tight on a couple of lots. Lot 4 will be really good. I can make it easy there, but lots 3 and 5 are going to be tight, but I could stay in that even though the road is poured on the property I own.

Please try your best.

So would that be an additional variance, Austin, where you had to come back and get additional variance on the setbacks? So we're approving a non-conforming lot, and then he'll have to come back later if he can't meet the parameters of the setback?

Yes, if it's shown there, yes.

I'm going to start a house on lot three tomorrow because it's got the square footage. I've already got a permit and everything. Four and five, don't know when I'm going to start it. Maybe two months, three months, maybe a year. It just depends on how lot three goes with the sale. And if I get this variance, I want to see how long it's going to last because I know some variants that were granted that are no longer in existence. Okay, good, good, good.

Any other questions from the board for a motion? Can we get a motion? Motion is second. Is there anybody from the audience wish to speak on this item? All right, hearing none, please vote. All right, motion passed. Is there anybody here for public comment? Public comment?

all right hearing none um i have a question sure will y'all give me something that i'd like to say in this past you will yeah you will get something tomorrow all right hearing nothing for public comment uh this meeting is adjourned

Thank you.