Planning Commission - Regular Meeting

Good evening. Welcome to the planning commission meeting for July 17th, 2025. I'll call this meeting to order. Mayor, would you please call the role? Dr. Derek Hunt, present. Victor Mendoza, present. David Brown, present. Dan Mikolinka, present. Rebecca Spears, present. Brian Oeen present. Ralph Gonzalez present. Braden Robertson present. We have quorum. Thank you. Tonight's meeting is being simoc cast via TV 15. Uh Celeste, do you have uh any announcements?

Yes, we do have one announcement tonight. The city of Victoria is currently looking for two planning commissioners. The application is open until the end of July. July 31st is the last day to submit the applications. If you know anybody willing to participate or volunteer, reach out to myself or Julie or the planning office and we can get you an application to have them submitted in time. Thank you.

All right. Thank you. Um so now we're going to citizen communications. Uh if we have any citizens wishing to speak only to the items not listed for a public hearing. Um if you do uh we ask you that you uh come and uh li limit your time to three minutes if you wish to speak on any item that is not listed on for the public hearing. All right, we'll go ahead and uh close citizens communication um and we'll move to the developing items um for the public hearing. Uh my first item is the variance request for residential fence and wall material at 9:02 Joplin Street.

Uh may we have the staff report, please? Good evening, commissioners.

The owners of the property had a wooden fence that had become dilapidated and they were having issues with a neighbor's dog entering through the wood fence and acting aggressively aggressively towards them and their family pets. The owners hired a contractor to erect a fence made of metal R panel which is not an approved fencing material as it is a type of sheet metal. The property owners are requesting a variance to allow them to keep the fence constructed of R panel. Our panel is a type of sheet metal style fencing however does not look like the standard sheet metal fencing. The owner selected this material as it is a higher quality of fencing. The R panel fencing is a dark brown color to resemble the wood fence to resemble wood fencing. The R panel fencing in installed provides better security for this property. Staff recommends the approval of the variance and staff has determined the approval of the variance would not significantly change the existing character of the neighborhood and would not be detrimental to the surrounding lots. The fence adheres to all height restrictions as well as all yard setbacks. The R panel fencing material also provides better safety for the property owners from outside aggressive aggressive neighboring animals. And that is all.

Thank you so much. Uh we will now open the public hearing. Um if anyone wish to speak on this item, please come forward at this time. Uh you're limited three to three minutes. Please be so kind to state your name. Hello and good evening. Um, my name is Logan Haw. Um, my partner Cole and I are actually in the process of purchasing 904 Joplin. Um, this property is one that actually shares the metal fence with 902 Joplin as it was put up prior to 904 being put up for sale. This fence is a huge cause of concern for us as we believe it to be a safety hazard. The city's ordinances states that metal f that fences made of plywood, metal panels, or corrugated steel sheets are prohibited, and we believe that that is in place for a reason. These are the reasonings behind our concerns. On 904's side that we are purchasing, the fence does not touch the ground in many places. The current owner has put up extra fencing and wooden planks to cover the gaps. We own two dogs and worry that their paws will get caught underneath the sharp metal edges and be harmed. We also do not want to have to keep unsightly random bits along the fence just to keep our dog safe when a properly installed wooden fence would be more than sufficient. There is a telephone pole with a power line centered in the middle of 902 Joplin, 904 Joplin, 103 timber, and 105 timber with the power line being anchored in 904's backyard. If something were to happen and the power line breaks, there is potential that the broken line will land up against the metal fence, potentially electrifying the whole thing. We do not know if this fence is properly installed to mitigate that possibility. It is hurricane season and this fence is made out of thin metal sheets um that are typically used, as I understand, for sighting and there are gaps in between the pieces that are installed. If even one of these pieces break loose, high winds can make it fly,

potentially causing property damage and worse, harm to nearby people and animals. A lesser issue issue aside from the safety concerns is this fence is a glaring inconsistency in 904's backyard. Yes, one side of it is brown, but the side on 904 is pure white. Um, as well as the panels being installed at different heights. It is not a consistent height straight across. Again, we believe that the city ordinances are in place for a reason and that they should be adhered to unless there is an extremely good and valid reason, which from our understanding of the situation, there is none. And I also have pictures that I would like to submit if that is possible from taken from 904's side of the gaps underneath the fence.

Um, we don't even have uh legal here. Do you have printed pictures?

I do. I'm going pass it to you. Thank you for your patience, Smith. First time we've had evidence submitted. Um Um

No, thank you for considering it. What we'll do is uh right now as we're looking on and reviewing the questions, I will ask, do we have any direct questions um that we would like to ask um our speaker? So you can't ask her direct questions in the public hearing. Everything has to be discussed in discussion once. So you can't have interaction with them that can influence your decisions. Okay. All right. Well, I thank you for the time. We're going to be looking at this when we get into the committee on communication.

Hi, my name is Kim. Um my backyard backs up between 902 and 9004. Um my concern every Every time I've called the city, they have told me it is a safety hazard. We have sat in our backyard and we have listened when it has been really windy and the fence howls. This fence can be picked up from the bottom. It is not secure. My question is is it's not it's not supposed to be there. It's supposed to be wooden or some other type of metal from what I understand. What's going to happen when one of those panels gets lifted either by a hurricane wind or just by strong wind and comes crashing into someone's backyard, house, person, animal. Who's responsible for that? It's not and it's very it's not level. It's not in the ground. You can see underneath from this. The wind can pick it up. So,

in fact, our neighbor has had to put some wood at the bottom of it because it would literally you could hear it banging at night from the wind, picking up the bottom and slamming. There is timbers shimmyed in between parts of this fence. So, if that fence goes, so does the wooden timbers also. Thank you.

Thank you. Hello. I'm at a 103 Timber. So, I'm the house right behind with the uh pool in the picture there. 902 Joplin. They approached me and said that they wanted to tear down my wooden fence and put up the metal fence. Um I expressed my concerns. I said, "I have dogs. I'm afraid that they're going to try to dig under. You just never know what they're going to do." Uh, plus I didn't think that a metal fence was supposed to be allowed in Victoria. I told them to check with the city before they did anything. Uh, kind of got a little heated in the end. I said, "Look, why don't you just put it behind my wooden fence?" Which is what was done. My issues are I'm not sure it's secured. I They put it up in basically a weekend. So, I don't think that anything was concreted in in the post. I'm pretty sure that it's driven into the ground. I could be wrong because I haven't been back there. Be a question you would want to ask them. The other thing is is we've never had dogs, our dogs go through their fence. Their dogs have came through our fence aggressively. So, I'm not sure that it was so much a safety issue on that side. I'm okay if something's done right, but I don't feel like I feel like this fence was thrown up. My understanding was is that a family member had a bunch of extra tin from some jobs and we're just going to put that up as a fence, which I said absolutely not. My fear was is that it was going to be two different colors. There was going to be mismatch, which there is white on the inside, brown on the outside where it's convenient. Plus, our power lines are right there. Metal and metal and electricity doesn't mix. It would be bad if something fell. I offered to split the cost on the fence

and give the good side of the fence to their side. I would take the post. That was not an option. So, I'm worried about property value, other things like that. Once again, if it's that's the city ordinance, I don't think there should be an exception for that. It would be something that you would check before you start that kind of progress. Thank you.

Thank you. Hi. Um, I am the one who resides in 902 Joplin. I um did not get bits and pieces of material. It was actually purchased from uh Amigle Steel Company. Uh there was a contractor that was per you know hired to do the work. Um, it is cemented in. As far as 904 side, uh, it is actually, I believe it's like a foot and a half to two feet into my property. Same as the back where I left up the original uh, fencing. I don't know if that fencing is my fencing or if it's his fencing. I just know that I did offer I offered to pay half so that we could come. Now, what happened in that incident where the dog broke through? I happen to be outside with my two dogs. My dogs, my babies are 12 and seven, and they've been in my family since they've been born. Uh, with that being said, um, I was sitting outside on the phone and the dog from the neighbor in the back, the panels, the way the panels are, the good side's facing my property, the dog broke through and then my dogs went to attack. He pulled his dog, but I was by myself and the two dogs just did what their initial reaction was, which was to protect. and they went they both heads tried to go in at the same excuse me at the same time. Uh with that being said, that's what kind of initiated the conversation. It did not get heated. It just was it did we didn't come to an agreement right away. Uh with that being said, um

I was just scared for my fur babies. Uh afraid for my grandchildren. I have 15 of them and I didn't want to take any chances of anything happening as far as them being cemented in. Yes, they are. And as far as the panels being unlevel at the bottom, they are unlevel because we got put with the sticker to stop uh work. And so we stopped the day that they put the sticker, we stopped it right then and there. And we haven't touched it since. We haven't even put the caps on the piping. Um the bottom is actually supposed to be cemented in. And as far as the opposite side, I have no control over what it looks like because of the material that it came as. I try to be as natural as possible, keeping it brown, um, and keeping it pretty because I wanted it to match the house that make it look nice because of the property value if we decide to sell in the near future.

That's it. Thank you. Thank you. If there's no one else willing to speak at this time, we will go ahead and close uh the public hearing and open up for uh further discussion uh between um commissioners. I have a question. the uh the the original fence. You don't know if it's on the property line between both properties or it's in your property or the neighbors.

Right. I I I don't know if it's his Oh, sorry. Right. I I I don't know if it's his uh fence or if it's my fence. I just know that what was all the way around my house all matches. So, from my understanding, that was my fence. That's why I offered to go half and half because I know it's facing their property and that was where that stemmed from. Um, but then he said no, he wanted a wooden fence. I said that's fine. And I didn't go any further as far as discussion. I just wanted to make sure that if I decided to do it that I would put it inward to my property just to prevent um any issues with the dogs because literally everybody in our neighborhood has dogs and um just didn't want to have any chances because a lot of the dogs get they get loose and um they're big dogs. You know, my dogs are big, but some of the neighbors dogs are small. Other neighbors dogs are really big. And you see some of us running down the street chasing our dog because they're so big and they get over they eat through the wood. Um they literally push through the wood. And so with that being said, I don't want to take any chances. And so that was why the sheet metal that I chose was the art panel because I didn't want that like uh the old barn tin that we have, you know, where they look like um I guess it's corrugated. Uh I just didn't want it to look un natural. I guess I wanted it to look as natural as possible keeping the material that it is. And there's a door where the post in the backyard is. There is a door to access that pole. As far as it being anchored down and all, I I don't have anything anchored in my yard. So, I don't know anything about all that. I just know that when the fence was tore down, I made sure that it was in my property line

and it's in by one I believe it's a one and a half to two feet in. Thank you. So, the Oh, go ahead. So this this fencing job is is not complete or or it is complete. It was red tagged by the city. So they had a stop work order. Okay. So there's work to be done if if it's approved. Correct. Okay.

So u Mr. So le if you could clarify um because I'm trying to remember my mind is trying to go back dealing with the UDO and things um force fencing and the spec specifications of um material and all those things if you can remember um what is the um certain requirements or the general requirements of

they are typically opaque. So, you're typically looking at wooden fences, um, cement, uh, masonary style fencing are the approved materials for commercial within the UDO. The director has discretion for the contractors to submit alternative fencing for their and she can approve it or not. With residential, we do not have that discretion for the director to have the material submitted to her at her discretion if she can allow it. Thus for residential we have to bring it before the planning commission have a question.

Well my primary concern here is that we've heard from three residents and one potential resident and two of these people who reside in the area are are in disagreement with fence. Mhm. So, one, let me ask this question. Is there deed restrictions in this area? Is it a HOA? Is it deed restrictions? No. Okay. Um, and I don't know your take on this, but and unfortunately, we know we have to look at what safety we look at. We can't really go on what it looks like, you know, even if we agree with it what it looks like, if we think it's beautiful or not beautiful or well put together. Um, she stated that she had a contractor. You know, that's hearsay. We cannot really, you know, go off on that. But, um, I guess the concern is safety. Uh, and and who you say is red tagged right now.

Yes, it is red tagged by our department. And so the variances is to well, one, let me ask you this question. um with surveying of of property lines and stuff like that, wouldn't we think that would move into a factor because if it's on her property then I mean long as she passes on the city standards, then she can put whatever she wants there, right?

Yes. And so in between those two fences, if they if she leaves a space, she just needs to realize she will have to maintain that space between the property lines. she is responsible for making sure no weeds, grass or anything get overgrown within that spacing that they create if she pushes it. So, we as a city are looking to make sure it's going to meet the height restrictions and not encroaching on any uh yard setbacks. And typically when we talk about the yard setbacks, that would be the front yard, the sideyard, rear minimum. And typically with fences, we typically do not permit fences for residential. It's it's but if we do get a generated complaint and our inspectors go out and see that it doesn't match then we can rag tag that job for the contractor to do. So typically when they start a fence, they're not coming to the city. They may give us a call to ask where are where the fence is allowed to go

and us as a city will recommend that they either adhere to their survey for their property line and to make sure they're not over. I can't Excuse me. I'm sorry. What bothers me is that I would think that you're right what the UDO says, but if but if you're not following if you're not going to use what it says in there and that's why we got a variance. Why was it even started bothers me a little bit, but I I don't like to hear that there's a fences already up, metal fences up, and yet we didn't see it just puts it puts

and it with the fences too and I don't know the situation if they I don't know if they called the city and asked a lot of the times we don't get the question on material. Okay, if that makes sense. Yeah. Yes. And this one is the after the fact that they got red tagged type of scenario because it was complaint driven and the inspector went out there. Not to be a pawn, I'm on the fence right now of uh

my concern on this is is a precedent that we set. So the the metal fence is up now and if we kind of grant the variance, what stops the next person from building a fence and asking for variance after the fact that it's been red tagged or complaints come in? So it kind of creates uh you know people kind of are just going to build fences of whatever material they want. However, you know, from a security standpoint, you can say yeah, it's by a power line. It could fall, it can hit the fence, but you know there's hurricane fences made out of the same material. So that's kind of we can't use that. That's a god factor.

Yeah. And that's so my concern would be more of the precedent that we set by approving that variance.

Okay. Let me just make this statement to make this clear. Um, and as we know as a council, we give a recommendation. Um, but for those that uh don't like the ruling that we may have, then you you present it to the city council who will have the uh final say on something being uh approved or uh denied. Um, welcome back, huh? Um, I don't know. I'm I'm I'm on denial personally, but I guess we would take a uh we'll go ahead and uh um ask for a motion on action if we're going to uh go with approval or go with denial on dealing with the uh

so let me let me ask a question for you. So would when you grant if we would grant this variance then I would say if we h if we granted the variance if this team granted the variance or but then it's got to go to the city council they can still well we would we change our our our variance that we can have metal fences you know that's what you know what I mean in the UDO or or yeah because that's what I was set for proposal to were you thinking with the Was the planning commit planning team thinking about changing the the uh variance? Not the variance but the uh the fencing material the code

with the code. Yeah, we have not had discussions on finalizing that. We are discussing some potential amendments to bring to y'all next month. We have not narrowed those down yet, but you are always welcome to call the office to kind of go one-on-one to discuss those type of amendments before. I think brother I think uh Miss Brian brings up you bring a good interesting point about that, right? Um well, this is where you speak and I speak silent. Uh so we're we're looking for a motion um either that we uh pass for the varian motion to approve to approve. Second.

So I have a motion and I have a second to approve. Um all in favor? Wait. We have a motion to approve the variance. Yes sir. All in favor? I. That's two eyes. I All oppose I I. All right. We have more opposed than we have uh passed. Um so the mo the motion does not pass. Um so your next option is you can do a motion to deny the variance or you can do a motion to approve with conditions. So you choose.

Okay. Um well I don't know what the conditions could be. Um but uh I will go ahead and make a motion. Uh well, I don't need to make a I need a motion um to uh for those that want to uh disapprove. Okay, I have one uh one motion. Do I have a second? We disapproving. Motion to what? To deny. To deny. So I have one motion uh for denial and I have another second uh for denial. All in favor say I. I. I. I. All oppose.

Okay, there's more eyes than there are opposes. Uh, so motion passes. So the motion is to deny. To deny various. Okay. All right. Let's move on to the next. Uh, so now we move on to the consent agenda. Um, there's items on the consent agenda which is, uh, the minutes of the June 26, 2025. Uh we're asking for motions or action of consent uh of the uh for the consent agenda. Motion to approve. I have one motion to approve. I have a second motion. Uh all in favor? Any oppose?

Uh motion passes. All right. Other business. Uh we have the monthly development report. May we have the monthly development report, please?

We had a total of 123 building permits. uh in June of 2025, which is less than last year at this time. Uh 132 uh MEP permits, which is less than last year, and 43,920 uh permit fees collected, which is less than last year as well. Um, also in June of 2025, we had five minor plats, four major plat, one site plan, four and four site modification plan submitted, and one city council action to approve the variance that we had in May. That's all.

Thank you. All right. Um, right now now we are at items for any planning. Do we have any items from the commissioners? Anything that we'd like to discuss? Anything? All right. Well, at this time then we will go ahead and do into a adjournment. Uh, seeing there's no other business, I will adjourn uh the meeting at whatever time it is, 5:42 p.m. Meeting adjourned.