Planning and Zoning - Regular Meeting

Lord, we come to you today. We thank you for the uh the opportunity to serve the community. We thank you for these volunteer board members. Lord, we ask for patience, understanding, and wisdom as we navigate these uh rules and laws and ordinances of of our community in Jesus name. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Honor I honor the Texas flag. I pledge allegiance to the Texas one state under God. One and indivisible.

All right. Citizens comments. Any person with city related business not on this agenda may speak to the board. Time is limited to three minutes and compliance with the Texas Open Meeting Act. The zoning board of adjustment may not deliberate on any of these comments. Personal tax will not be allowed and personal matter should be addressed with the city manager during normal business hours. Anybody signed up? All right, moving on. Approval of the minutes from March 10th, 2025 regular meeting and March 31st, 2025 special joint meeting. I'll make a motion we accept them with the one correction of removing you from being present on March 10th.

Okay. Can I get a second? I'll second that. Okay. Okay. Roll call. Don Sharp. Yes. David, yes. Tim Clark, yes. And Dwayne Milstead, yes.

All right. Moving on to new business. Public hearing BOA 2025804. Request for a variance at 11941 15th Street, Santa Fe, Texas. Legally described as abstract 149 East Mitchell Sir Lot 293-0 BLK Aloma Town site regarding city of Santa Fe Unified Developmental Code or the City of Santa Fe zoning ordinance section 4.02.04. 04 area regulation subsection B lot width which states a lot in the R1 single family residential district shall have no less than 60 ft of width as measured at the front and rear building setback line. The lot in question has requested a reduction of the required lot width from the required 60 feet to 40 feet. As noted in the agenda item, the applicant has requested to reduce the setback lot in the rear and in the front from the required 60 foot to 40 foot. Um, with the setbacks that are required within this district, this would leave about 30 foot, give or take a couple feet, not much to build a home within the middle of it. There are a couple similar properties within the area that is right here in the historical, more historical part of Santa Fe. Um, the lot is not ideal to build a home on, but it is not completely impossible. Is there anyone here to represent that property? If you'd like to step up and say anything at this time, you're more than welcome to.

Yeah, I I I own quite a bit in Santa Fe, but this is the only one in the city really. Uh if you'll state your name and then Michael Michael Carbajal. Um you know, I was told to submit the variance. I kind of bought it blindly, which is a foolish foolish decision on my end, but couldn't pass upon it. So I I really want to build a house on there and uh you know, ideally rent it or something. I don't know what you need from me. Just if you needed That's it. No, I just, you know, I want to build. Is it for you or No, it's just it'll be just a rental property. Okay.

Yeah. So, just a single family home. Tiny, right? Less than 1500 square f feet. Nothing crazy. Like you said, there was a bunch. I don't know what street it was. Um 13th probably, right? A block or two behind it. Very similar. All of them super identical. So, I think it's been done before. I don't think it should be too hard to do again. Okay. Was there anyone else to speak on this property? If you'll come up and state your name and the property address. Yes. Thank you. Thank you.

My name is Joel Jetelane. I'm one of the residents on 15th Street. Um, one of the issues that we have with anything being done on this property at this time is there's been a consistent problem, and I'm sure even before this gentleman owned it, of this property has not been getting kept up. Whenever there's branches down in the middle of the road falling from that big pan tree on it, it's me that normally hooks it up to my truck. I call street department. It's things like that. It's the people of our street, our community that are having to take care of this property for the owners. So that's something that gets tiresome and so it's kind of a spit in our face whenever we're talking about allowing them to get around another rule whenever they're already not taking care of what they have. What kind of tenants am I going to be looking at next door on my street? I have that question and then I got two more points I want to bring up. Another thing is why are we looking at doing anything on 15th Street when we still have an abandoned property sitting there? We need to talk about that first. Last year, the cats that have infested that house put me in the hospital with typhoid fever. We had a Galveston County Health District involved in all this. And still nothing has been done. I spoke to the city council before, this was last year, but nothing has been done. So, I'll leave it at that.

What was your property address for records? Uh 11 1937 15th Street. Thank you.

Mhm. Colin Whittle. I live at 11 93015th Street. Been there for about 3 years. And the same thing with him. Uh we have an abandoned property right next to me. Has falling apart, never been maintained. I mean, I've lived there for 3 years and hasn't been touched. The doors are falling in, the walls are falling in. There's nothing going on with that. And we're worried about an empty lot. And as previously stated, in the three years I've been here, it's never been maintained. I work offshore a lot. I come home and that lot is just abandoned, emptied, grass, overgrowing. They will know we had that last storm branching all over and Joel's the only one that cleaned it up. That's about it.

Is anybody else speaking about this property? Sure. Okay. State your name and address, please. James Morris uh at 11405 7th Street. Uh I actually owned the property where Apollo lives and I bought it about four years ago, give or take. And I met the owner. He's he had big plans, but here we are four years later and it's still just horrible. Uh I'm concerned as you know as a landlord that when they somebody does something with that you know I'm going to have to do something on my end to make sure whatever everything that's living in that place now doesn't go into into the their house.

Okay let me stop you for a second. We're speaking of the abandoned house but not the property that he is currently

right and as far as I'm concerned as a property owner on that street I'm good with that because I'd like to do the same thing on my property eventually. I was kind of hoping this would go through and if it does then I would like to do that too and I have the exact same plans but a small house there kind of like the one that's in there now that was built in 1950. Um so you know and I also own another property on 14th Street is 40t wide. Um so I mean you know you got one that's big a fulls size lot and the guy's not taking care of it. I know that's not really the whole thing but you know my rentals are I keep them up. I get good nice people to rent them and I've been real happy with that. So that's just kind of my little thing. Thank you. Anybody else? No. All right. 709. We're going to close the public hearing. All right. Consider consideration and possible action of BOA 20255084 request for a variance at 11 194115th Street, Santa Fe, Texas, as described before.

Did you Did you I I wanted to discuss this property on Avenue L. Okay, that's coming up. We'll be there in just a few minutes. Thank you. Uh questions property owner owns property. I'm assum

I would think that that would help the situation. Yeah, it'll be kind of a little unique house. foot wide is not going to be a narrow house to meet all the setbacks and everything. But it can be done, correct? Yeah. You said there's other ones that are around Michael, you guys had just purchased this within the last three or four months, correct? Three or four weeks. You know, I was supposed to be at the last one, but there was a a lady named Miss Armstrong. I guess I came at the wrong date or something, but you know, whoever was leaving it, you know, I purchased from a distressed seller. The guy, he didn't have much to deal with, right? So, we could take I didn't know there was a tree there. I don't know nothing. I mean, they're sent to money tomorrow to take care of whatever needs to be done. Yeah. The howers are who was listed.

Okay. Anybody will make a motion.

Have a question. I have a question. Yes. Do you have any idea how many other lots are the 40 foot lot? [Applause]

Is that the only part of town where that occurs or has occurred? So between 14th 15th 16th and 17th we've got 1 2 3 4 5 6 7 8 9 10 11 12 13 14. There's 14 I can count just on this CAD map right here between the three or four streets. most of which are already developed. So we have already I mean it's already been a precedent set.

Most of the houses that are there aren't necessarily something that had come before the board. They were things that were already grandfathered. So if it gets denied, the lot cannot be considered again for a variance ever. I would say that's special that's wait. Yeah. I mean our special circumstances that we were talking about. I think this is a special circumstance.

I'd make a motion that we accept the variance. Second. I'll second. Chairperson Don Sharp. Yes. Board member Middlestead. Yes. Board member Clark. Yes. Board member. Yes. Motion pass. Motion passed. Thank you everyone. Thank you. I don't mean to be rude, but is that it for me? Yes, you're good. Thank you guys.

All right. Public hearing BOA 20250912 request for a variance at 1414 Avenue L, Santa Fe, Texas, legally described as abstract 1M Austin sir point of lot 107107-7 FH Famon subdivision regarding city of Santa Fe unified development code or the Santa Fe zoning ordinance section 4.01.04 04 area regulations subsection B lot width which states that a lot in an AR agriculture residential district shall not have less than 80 ft of width as measured at the front and rear setbacks building setback line. The lot in question has requested a reduction of the required front lot width to be the required 80t to 10 feet. All right, staff if you will summarize.

We're going to open We're going to open the public hearing at 7:14.

Okay. This is a very unique situation. Um, this property was annexed in in 2008 and in 200 it was subdivided in 2006 by a meets and bounds subdivision. Enexed in 2008. In 2021, our prior community services direct director, Miss Steelquist, issued a letter to the property owners at the time, which were the Sawyers, and said that they were grandfathered and they did not have to plat the lot and that it was considered a legal non-conforming lot at the time of annexation. However, there were letters and notifications and ordinances and all types of other things that were in place, including state law, that dispute the letter that Miss Deilquist sent out. Um, so the Ratley's purchased the property under the impression that they would not have to plat the property and that it was legal. So, when they decided that they were no longer going to build on the property and purchased another home, um the lot went up for sale and a very nice couple came in and talked to us. And when we were going through the whole questions about the property, we got a little bit farther into the conversation on what they were planning to do with it. And it was going to be to subdivide the property to build on for their daughter and their grandchild that will be arriving soon. And when we started looking at it, we realized that a it had not been platted. The last thing I have from it being platted was from 18, I'm sorry, 1908. Um, so the meets and bound subdivision is the only thing that we've got on file. And then this letter surfaced that I've got from Miss Steelquist. So, I spoke with our city manager who by ordinance is our zoning

officer unless otherwise designated, which most of the time I'm comfortable taking that designation. This letter is something I'm not was not comfortable accepting making a call on, especially with another subdivision being expected in the future. Uh, this is something I wanted you guys to look at because of the size of the finger lot going back into it. the back of the property is more than sufficient to be subdivided again and it's more than sufficient to build on. The the variance on the platting is not something I'm comfortable with and the the width of the lot for two lots being back there is not something that I was comfortable with without having additional ads on it. Um, but at the time that it was annexed, one of the things that was in place for properties within the city limits and properties within the ETJ was that anything subdivided after 1996 had to be platted and the subdivision took place in 2006. So even the letter that was written by Miss Steelpist was not valid by city ordinance for incity ETJ or by state law. So that's why it's here, just to get the gray area out. It was not the Rley's fault. They were not trying to pull anything over the people who were looking at it, but this was not something I was comfortable moving forward with as is.

Okay. Is there anybody signed up to speak? I didn't have anyone signed up to speak, but I believe to speak. Okay. on the property of You'll have to step up to the mic. State your name and address, please. Okay. Hi, my name is Mark Howard and my address is 1416 Avenue L. And I don't really understand what the letter means when it's going from 10 ft to 80 ft. Could you explain that? Sure. So um we'll actually have to move into the consideration possible action for me to give the feedback on it.

Okay. So do you want to ask him to wait until we get to that point and see if there's anybody else? Yes. Is there anybody else that has any questions on We can move into the consideration and possible action. Do you guys too? Whatever. They're the property owners. Okay. Okay. Okay. Okay. So, we're going to close the public hearing for now and we're going to move on to the consideration uh consideration and possible action BOA 202550912 request for a variance at 1414 Avenue L, Santa Fe, Texas, legally described as abstract 1M Austin 7107-7 FH subdivision.

Let me unpaper clip this real quick. Okay. So this is in the agricultural residential zone. Yeah.

So all of these lots out here are 80 foot in width. So this particular property here, even though back here is more than 80 foot and right here is more than 80 foot. The ordinance states that the back of the property and the front of the property has to be 80 foot. where the entry point is on this property here is only 10 foot even though it opens up back here and it's more than 80 foot. They're asking for permission to plat the property to be able to build on it with this 10t here opening up into the back of the property. The problem is there's only 15 ft here from the middle to middle of the ditch to to my house. And there's only 15 ft from the middle of the ditch to my neighbor's house. So, I don't see how they can take any more than that. I mean, are they going to try to push our houses out and take our property that we own?

No, sir. It'll be utilization of the 10 foot that's here to get back. They're not asking for anything more. It's just the 10 foot to be able to get from here back to here. So, basically, just the property would be like a driveway to go back in there. Yeah, I did. When when we bought this, they did ask if we could put a a rightway to the back property, and we agreed. So, they have a road already, but this helps me a lot a lot better. So it's nothing to do with these properties here. It's getting access to here. Yes. So okay, it's it's to plat it. So they've got this survey on it.

The plat will actually allow them to be able to build, but because it doesn't conform with the actual rules that we've got, they have to have the except the ex exception to the rule. Sorry, my brain is not working today. It's on holiday mode. They have to have the exception to the rule noted on that plat to be able to actually get the building permit. And that's what they're asking for is the exception to the rule today. Okay. Okay. Appreciate it. Thank you. You're very welcome. Thank you. He owns both adjacent properties or just No, just 1416. 1416. Do you guys want to come up and speak?

Um, do I need to reopen or can she talk? No, she can talk. Okay. Okay. Just name and address, right? Name and address. Okay. Madison Ratley, uh 12127 Woodmill. Well, actually, what 12127 Woodmill Lane, uh, in Santa Fe. And I'm just here because we just wanted to get the land platted. That way, somebody can hopefully build their home on it one day. Otherwise, it's just a piece of grass. Okay. Thank you. Thank you. Any other questions? It's just kind of landlocked just like four acres. So question to the city. Yes.

How many easements access points to landlock properties are only 10 foot wide. This one is a first for me with it being this this small, which is why I was not going to use my discretion on it without a board oversight. I mean, I'm in a similar situation. I'm grandfathered, but I still have a 12- foot wide road, and you cannot get two vehicles at the same time. So, someone either has to back out or you drive in the ditch.

Uh, so it's going to be a real challenge, just so you know. Uh, but I there has to be a bunch of landlocks.

If we make this if we make it to where they can no longer subdivide it after this approval, would that help the situation? Well, my concern if it was a family plat where it's two members of the family, even possible three, but that to me is a little different than subdividing it into 14 new tracks. That's what I'm saying. If we make it a stipulation that it can no longer be subdivided after our current situation, that kind of helps us.

I mean, that puts it easier for me to swallow. Yeah, I agree. How many homes? The couple that the couple that brought this property to my attention was wanting to do their house and then subdivide it and put one other home on it. So, two homes.

So, you have one one at the front, I'm assuming, and then you have the one that's out in the back. my house. We were going through the same thing with my grandmother that owned half the property and we owned half and there's just acreage in the back that's pretty much just it's for goats at this point because there's we would have had to do the same thing. Anybody want to make a motion? I mean, I would I would make a motion, but with a stipulation that it can't be subdivided into more than three tracks. Things change.

Okay, D. So, whose ditch is that? Because there's culverts at the road. It's It literally It's like six inches deep. It is. It takes it's a swell. It's got road culverts feeding from it on both three culverts going from side to side on the road. It's not a public ditch. It's DD1's ditch. They had a variance in 22 to drain into it to drain this property into it. So it is a a a drainage ditch. It's a private drain. They put the drainage ditch in. Sounds like you said it's the drainage district. It's DD1's ditch

that they that this property has permission to drain into. But can they cover that ditch to create a driveway? Yep. So even if we approve it, there's a likelihood that the drainage district not that that's not our concern. Um, my concern is the same one we had at one of the other properties, but they had an 18 or 20 foot wide clearance. You You've got to look at emergency vehicles being able to get back there. And I don't know that you get an emergency vehicle that that's such a tight area.

It's actually not. I I live right down the road from it. I've seen it a million times. It's actually not. It's pretty clear in that area. There's not a whole lot out in that in those properties right there. There's not like trees on one side and a lot of stuff has to be clear. I mean, it's it's to me that the 10 ft is from the center of the ditch there. Basically, right? 10 ft from the center of the ditch.

It looks like starting at the center of the ditch, 10 ft over is the easement or is the is the survey of the property. I mean, it's handdrawn. I don't know.

So, it's it's 10 ft from the center of the ditch because the center of the ditch is literally right here and there's a there's an arrow coming over and it's 10t from the center of the driveway. They added what about eight 8 foot onto the Howard's property? 6 foot be to get written permission from the neighbor to put a culvert in front of their property. So it's really 16 18 ft long. Oh. As far as the

between the two easements. Yes. So between both neighbors have the driveway is actually 10 foot wide but the front cover just to be able to turn in there it's about 16 18 ft. Okay. That's what Mr. Howard was saying they gave a little bit. I don't have any more. Does anybody want to make a motion? So question. You're the property owner. Yes sir. Currently

current property owner. In your vision in the next 30, 40 years, how many tracks would you want to divide that into? One, maybe two. We weren't going to divide it at all. We were going to build a barnaminium out there and then we ended up having our son. We went a different route. So, who who owns the who's going to own the front half? the front half. Yeah, we don't own that. The front half of the five acres. Okay. So, four acres in the back.

The trailer that sits there. No, it's on the other side of that. Those are the neighbors. They're they're in there. So, we're right behind a barn over a blue barn. Howards are here. Anchors here. 10 ft. Their lot is completely empty. Now I'm driving. So you're not wanting to subdivide that back acres. You're just wanting to get just that 10ft strip approved so that you can build one property in the back. Yes, ma'am. And keep it that way. Yes, ma'am. One or two.

They're wanting it so they can list it for sale because they purchase a different property. So, that's part of the problem that they've had is they had somebody that was willing to drop the money and pay it like right then until they came in and talked to me. And I I'm so sorry. I killed the sale for them because those people couldn't subdivide the property because of this 10-foot issue and the property not being platted. Limited to two. I would say I would be comfortable with limiting it to two and if they don't want the two, they have a four acre truck.

But for someone that's trying to sell the property and it's almost 5 acres, if you said not to in the future to exceed three dividing it into three, you know, third, then it's not going to become a micro subdivision. Does that make sense? That's where my concern is with a 10-ft road going into it. I think putting three properties in that little area to me and then coming out on one 10ft road, that's a lot of wear and tear on that little tiny road to me.

Mr. Howard, how's y'all's drainage out there? Pardon? How's the drainage in that area? Uh the drainage ditch besides my property all the way to the back is very good. We get all the water from our side and across from the other side. So I think probably 20 houses of water go down through that ditch and it handles it well. Thank you.

So question for the city. If we approve this motion and it gets platted, can they go back and subdivide it into 20 lots with a 10-ft access road with the stipulation of No, he's saying if we just approve it as is. If we just approve it as is, could they go in and build in the east subdivision? Yeah. Yeah.

And can we approve it with the stipulation that it can only be divided into thirds for future sales so that they have a better chance of selling the property, but it not turn into another micro subdivision? Yes. I'll make a motion on that. What what is the impact of a driveway being put there where a ditch is now? It's already a road. It's not. It's a ditch. It's a high point that Well, he just the neighbor just said that 10 houses or more drain into that ditch. There is a and the driveway driveway that goes down the side of that ditch.

You can see the trucks up above the So, is the 10 ft is that 10 ft in the ditch? Does it take up any part of the ditch? N it's to the a side of the d. My my primary concern is the ditch. It doesn't approving something that now everybody's flooding because we took in a ditch. It's not I want that was my questions around the ditch issue. It's not in the Okay. Not in the ditch at all. No. Okay. And you don't think building three different houses on there is going to take up too much of your previous land? No. No. In the original variance that they gave to drain the property into the ditch because you're supposed to drain back to front. You can't drain back to front without flooding the neighbors,

right? It had a layout for a three lot subdivision in there. Personally, I wouldn't want that just for like my own house, but it is possible. you make the motion whatever y'all want to do and we can vote on it. And so I will make a motion to approve the variance with the stipulation that it is not subdivided in the future into more than three sections, three plats. I have a second.

I'll second. Okay. Roll call. Chair Benson Sharp. Yes. Chair, sorry. Board member. Yes. Board member Clark. Yes. And board member Middlestead. Yes. All right. Motion approved. I need a motion to adjourn. Thought we had one more. Nope. That's it. That's it. I'll make a motion to All right. 7:35. Well, you weren't 15 or 20 minutes, but thank you all. Thank you guys. Well, I