* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [1. CALL TO ORDER AND ROLL CALL] [00:00:22] YOU CALL, UH, TO ORDER THIS MEETING OF THE BOARD OF ADJUSTMENT HERE ON JULY THE 12TH, 22 TO UH, TO DO A ROLL CALL MS. WORCESTER. PRESENT. MR. WILSON? YES. MR. SANTANA HERE. AND MS. ROBBINS HERE. ITEM NUMBER [2. MINUTES] TWO ON THE AGENDA, WHICH IS CONSIDER APPROVING OUR MINUTES ADJUSTMENT MEETING, WHICH Y'ALL SHOULD HAVE ALL RECEIVED. AND UNLESS YOU HAVE SOME MINUTES, SEEK A MOTION TO APPROVE MR. WILSON. AFTER CAREFULLY REVIEWING MINUTES THAT WERE PRESENTED, I HEREBY MOVE THAT WE APPROVE THEM AS PROVIDED. SECOND. SECOND. THE COMMENT IS IT WAS, UH, NOT STARTED UNTIL FOUR 18 AND THAT WILL NOT HAPPEN. ALWAYS START ON. ALL IN FAVOR, APPROVE. AYE. RIGHT. LET'S [a. Conduct a public hearing and consider a variance from the minimum interior side setback requirement of the Unified Land Development Code, Article III, Division 1, Table 3-1 "Property Development Standards" from 5 feet to 2.4 feet for 8419 Silver Streak Drive. ] MOVE ON TO ITEM THREE A. THAT'S ITEM THREE A IS TO CONDUCT A PUBLIC HEARING, CONSIDER A VARIANCE FROM THE MINIMUM INTERIOR SIDE SETBACK FORM OF THE ULDC ARTICLE THREE ONE TABLE, THREE ONE PROPERTY DEVELOPMENT STANDARDS FROM FIVE FEET TO TWO FOUR FEET 84 19. SILVER STREET FROM AND STAFF TO CLARIFICATION THOUGH, IS THAT, IS THAT THE ONE THAT GOT PULLED? NO, THE SECOND ONE GOT PULLED. YES, SIR. SECOND, YOUR CHEAT SHEET TODAY. I APOLOGIZE. I'LL TRY AND INDEED. UH, WE ONLY HAVE ONE PUBLIC HEARING INSTEAD OF TWO TODAY. UH, TO BE MINDFUL THAT EACH SPEAKER IS LIMITED IN THREE MINUTES FOR THEIR COMMENTS, PLEASE BE CONCISE AND SPECIFIC. PUBLIC HEARING IS HELD FOR THE PURPOSE OF GIVING ALL INTERESTED PARTIES THE RIGHT TO SPEAK AND HEARD TO SPEAK. TODAY'S HEARING SHOULD HAVE SIGNED UP ON THE APPROPRIATE LIST OVER ON THE TABLE. AND THAT WILL BE OUR SPEAKING ORDER. WE ASK THAT EACH OR HER NAME AND ADDRESS AND ORDER PROVIDE PROPER RECORD HEARING, UH, FOR EACH SPEAKER ARE THREE MINUTES, UH, TO PRESENT THEIR INFORMATION. HOWEVER, I ENCOURAGE ABOUT, IF SO, LEMME KNOW. I'LL OPEN THIS HEARING AND STAFF TO A SUMMARY OF WHAT WE'RE TALKING ABOUT TODAY ON ITEM THREE A, THE CHAIRMAN AND BOARD. IF YOU DON'T MIND, I'LL GIVE THE PRESENTATION FROM MY SEAT. GO FOR IT. AND NAVIGATE NOW GO FOR IT. SIT FOR IT, . ALRIGHT, SO THE PROPERTY BEFORE YOU, UH, WHAT WE'RE PRESENTING TODAY IS A PROPOSAL FOR A SETBACK VARIANCE. UM, IT IS LOCATED HERE IN THE DEVELOPING SUBDIVISION OF HUNTERS CREEK. UM, AS YOU CAN SEE THIS, THE SUBJECT PROPERTY IS LOCATED HERE IN YELLOW AND THEN NEIGHBORING IS A NEW CONSTRUCTION HOME THAT IS ALSO BEING CONSTRUCTED. UH, THIS NEIGHBORHOOD HAS PROBABLY BEEN ONGOING IN THIS PARTICULAR SECTION FOR THE LAST TWO OR THREE YEARS. SO IT'S A FAIRLY YOUNG IN NEW SUBDIVISION, THE APPLICANT'S PROPOSAL IS TO RECEIVE A SETBACK VARIANCE, UM, ON THIS PARTICULAR PROPERTY 'CAUSE THEY ARE SETBACK. UM, DURING THE CONSTRUCTION PHASE, THEY GOT A LITTLE BIT CLOSER TO THE PROPERTY LINE THAN WHAT OUR ORDINANCE HAD BEEN. THEY DID GO ABOUT GO THROUGH THE PROCESS APPROPRIATELY WITH THEIR, UH, BY PURSUING A PERMIT. HOWEVER, WITH THE FORM SURVEY THAT WAS PRESENTED, IT, IT WAS A MISTAKE ON THE SURVEY AS PART THAT IDENTIFIED THE WRONG CORNERS AND THE ANGLE OF THE PROPERTY AND THE ANGLE OF THE FARM THAT WAS PUT ON THE GROUND. ESSENTIALLY PUT THEM FROM, STARTED THEM AT 4.1 FEET FROM THE PROPERTY LINE AND ENDED UP AT 2.4 FEET FROM THE PROPERTY LINE IN THE REAR. SO THE APPLICANT IS ASKING FOR A SETBACK VARIANCE, UH, AS CLOSE AS 2.4 FEET TO THE PROPERTY. I HAVE A COUPLE PICTURES HERE THAT I'M GOING TO SHOW YOU AND FORGIVE MY CLUMSINESS. I WAS UNABLE TO GET THIS IN THE PRESENTATION. [00:05:02] UH, AS YOU CAN SEE HERE, UM, AS IT AS IT OUTLINES HERE, YOU CAN SEE WHERE THE FOOD SEPARATION IS FOR THE STRUCTURE. SO THIS IS HOW THE ENTIRE SUBDIVISION IS, IS DEVELOPED AT THIS TIME. THERE'S JU USUALLY A FIVE FOOT SEPARATION FROM THE PROPERTY LINE FOR THIS PARTICULAR, UH, BUILDING. AND THEN ANOTHER FIVE FEET HERE. UH, AS YOU CAN SEE, THIS IS ABOUT FOUR FEET. SO THERE'S NO VISUAL IMPACT THAT IS CAUSED BY THIS MISTAKE, UH, AT THIS TIME. MM-HMM. ADDITIONAL PICTURE. SO THIS SHOWS THE ROOF LINE GIVES YOU A ZOOM IN ON HOW CLOSE THE ENDS ARE. UH, ONE OF THE CONSEQUENCES OF THE MISTAKE IS THAT THE STRUCTURE WILL HAVE TO, UH, MAINTAIN SOME LIFE SAFETY THINGS ON THE STRUCTURE AND FOLLOW SOME ADDITIONAL FIRE RATING, UM, UH, CONSTRUCTION THAT GOES, GOES WITH THE DEVELOPMENT. SO WHEN THE DEVELOPER DOES, IF THE DEVELOPER IS SUCCESSFUL IN SEEKING A VARIANCE, THEY WILL HAVE TO DO SOME ADDITIONAL CONSTRUCTION, MEET SOME ADDITIONAL CONSTRUCTION STANDARDS IN ORDER FOR IT TO BE THIS CLOSE TO THE PROPERTY. THEY, I INTERRUPT REAL QUICK. YES, SIR. SIR, I'LL FORGET THE QUESTION. IF IT HADN'T BEEN DONE TOO CLOSE, WHAT YOU JUST DESCRIBED WOULD NOT BE NECESSARY. THAT IS CORRECT. AND CHRIS, WHAT, WHAT'S, WHAT DOES THAT ENTAIL? DO YOU KNOW? THERE ARE SEVERAL THINGS THAT ENTAIL AND IT REALLY DEPENDS ON THE VARIOUS DIFFERENT OPTIONS. UH, AND MAYBE, MAYBE SOMEBODY, MAYBE ONE OF THE APPLICANTS CAN BETTER DESCRIBE IT. BUT ULTIMATELY WHAT YOU'RE TALKING ABOUT, ONE OF THE EFFORTS WOULD BE FIREWALLING THAT SIDE OF THE STRUCTURE SO YOU DON'T HAVE ANY CONCRETE INSTEAD OF A BOARD FENCE OR SOMETHING LIKE THAT. IS THAT WHAT YOU'RE SAYING? WELL, NO, THE ENTIRE WALL OF THE HOME WOULD BE, WOULD BE BRICK, NO WINDOWS. OH, WOW. IT WOULD BE A HIGHER FIRE RATING. SO LET'S SAY THE STANDARD FIRE RATING IS ONE HOUR, IT MIGHT GO UP TO TWO HOURS. GOTCHA. OKAY. THANK YOU. ALRIGHT. AND BASICALLY STAFF LOOKED AT THE CRITERIA OF THE, OF THE APPLICATION AND THE PROPOSAL. WE FEEL THAT THE APPLICANT DOES MEET THE CRITERIA. AGAIN, THIS IS ONE OF THOSE SITUATIONS WHERE IT DOESN'T HAPPEN OFTEN, BUT MISTAKES DO OCCUR ON SITE. WE DO NOT FEEL THAT IT WAS EGREGIOUS ON THE, ON THE APPLICANT'S PART. UM, AGAIN, WE'RE TALKING ABOUT THE MISPLACEMENT OF THE SURVEY OR THE ERA OF THE SURVEY CAUSING THE DEVELOPMENT TO BE CLOSER TO THE PROPERTY LINE THAN WHAT WE DESIRE FOR OUR WAS THIS THE SURVEY OF PROPERTY OR THE SURVEY OF THE FOUNDATION? SO THE FORM SURVEY. SO IT WAS THE FORM SURVEY? YEAH, THE FORM SURVEY. SO THE INITIAL, THE INITIAL FORM SURVEY WAS WHERE THE ERROR OCCURRED. AND IN THE DEVELOPMENT PROCESS, WHAT HAPPENS IS WHEN THE, WHEN THE PROPOSING DEVELOPMENT, UM, YOU HAVE TO PUT IN THE FORMS FOR YOUR FOUNDATION. AND THAT FOUNDATION IS UH, OR THAT SURVEY IS TO GIVE YOU THE GUIDE FOR HOW YOU'RE TO DEVELOP ON THE PROPERTY. THE FORM THAT THEY, THEY PRESENTED, THE FORM SURVEY THAT THEY PRESENTED, SET THE FOUNDATION BACK FIVE FEET OFF THE PROPERTY LINE ON EACH SIDE. IN THIS PARTICULAR NEIGHBORHOOD, ALL THE HOMES ARE VERY WIDE PRODUCTS. WE'RE TALKING ABOUT 70 FOOT FIVE, 70 FOOT WIDE HOMES AND THEY ARE SITTING FIVE FEET FROM THE SET DOWN. AND IF YOU'RE OFF A LITTLE BIT AND ANGLED A LITTLE BIT, BY THE TIME YOU GET TO THE BACK OF THE HOUSE, IT'S, IT GETS YOU CLOSER TO THE BOTTOM. ALRIGHT. WITH THAT, THAT CONCLUDES STUFF'S. LET'S HAVE OUR SPEAKERS NEXT TONIGHT. OKAY. UM, JUST A SECOND. OKAY. MARTIN, WHOEVER WANTS TO GO FIRST. OKAY. UM, MY NAME'S JEFF JOHNSON. FOUR FROM THREE OF US ARE. OKAY. AND YOU ARE JEFF JOHNSON. JEFF, YOU'RE WITH SMAR? YES, SIR. OKAY, GO AHEAD. UM, UH, MY NAME IS JEFF JOHNSON. I'M THE DIVISION PRESIDENT FOR SMAR. OUR ADDRESS IS 1 7 2 2 0. HOUSTON, UH, KATIE FREEWAY IN HOUSTON. AND, UM, I'M GONNA SPEED MY TIME OVER TO NICK HUNTER. HE'S GOT ALL THE INFORMATION. I THINK IT'D BE BETTER TO DO IT THAT WAY. SAME AS ME. UH, MY NAME IS ERIC OAKLEY. I'M THE VICE PRESIDENT, UH, CONSTRUCTION MARK, SAME ADDRESS. I'M GONNA SEE MY TIME OVER NICK HUNTER. THAT'S OKAY. NICK, IT'S YOUR SHOW. NO PRESSURE ON ME. HUH? ALL THE PRESSURE . OKAY. UH, MY NAME IS NICK HUNTER. I'M AN AREA MANAGER FOR CHESMORE HOMES. I, UH, I MANAGE HUNTERS CREEK. [00:10:01] I ALSO MANAGE A COUPLE OF COMMUNITIES DOWN IN MANVILLE. OKAY. UM, FIRST OFF, GOOD AFTERNOON. I KNOW IT'S A LITTLE LATE. I APPRECIATE EVERYONE COMING OUT AND SPECIFICALLY FOR US, I GUESS. UM, I WOULD LIKE TO TAKE A FEW MINUTES TO EXPLAIN TO THE GROUP WHO WE ARE AS A COMPANY AND THE SITUATION WE FOUND OURSELF IN. OKAY. MY GOAL IS TO EXPLAIN A SAFE AND REALISTIC SOLUTION THAT IS COMPLIANT WITH THE CITY REGULATIONS AND ORDINANCES, UH, AS COMPLIANT WITH THE APPLICABLE CODE, UH, AND THAT WE CHESMORE FEEL IS ONE OF THE MOST IMPORTANT, THE RESOLUTION THAT WORKS FOR THE BUYERS AND FOR THE NEIGHBORING HOMEOWNERS. CHESMORE STARTED IN 2005 AND HAS GROWN INTO ONE OF THE TOP BUILDING COMPANIES IN THE GREATER HOUSTON AREA. WE ARE A COMPANY THAT RECITES OUR VALUES AND OUR MISSIONS AT EVERY MEETING AND GATHERING. WE TRY TO FOCUS OUR CORE VALUES AND BELIEFS, UH, TO, TO HOPE THAT IT RADIATES INTO OUR WORK. UH, OUR MOST USED FOUNDATION FOR DECISION MAKING IS TO DO THE RIGHT THING BECAUSE IT'S THE RIGHT THING TO DO. UM, WE STARTED BUILDING IN BAYTOWN IN 2010. WE'VE BUILT NEARLY 435 HOMES IN, UH, HUNTERS CREEK COMMUNITY. 435 HOMES IN 12 YEARS IS ABOUT 36 HOMES A YEAR. EVERY YEAR, 36 FAMILIES ARE INCORPORATED INTO THE BAYTOWN COMMUNITY. EVERY YEAR. 36 FAMILIES HELPED SHAPE BAYTOWN AS A CITY. JUNE 6TH, WE LEARNED 84 19 SILVER STREAK HAD AN ISSUE. FIRST AND FOREMOST, THE CONSTRUCTION MANAGER DOUBLE CHECKED THAT THE STANDARD PROCEDURE FOR PRE CONCRETE FOUNDATION, POOR, TYPICALLY KNOWN AS PREPO, UH, WAS FOLLOWED IN SEVEN DIFFERENT CITIES, 10 DIFFERENT COMMUNITIES THAT I'VE WORKED IN. EVERYONE HAS THE MINIMUM STANDARD. YOU NEED A PAST FORM SURVEY TO PROCEED. THE FORM SURVEY, I'M ASSUMING WE KNOW, BUT THE FORM SURVEY CONFIRMS THE LOCATION OF THE FORMS, UH, LATER TO BE THE SHAPE OF THE FOUNDATION ARE CORRECT. THE SURVEY IS TO MAKE SURE THAT WE DO NOT ENCROACH ON BOUNDARIES, PROPERTY LINES, OR EASEMENTS. THIS IS A BASIC STANDARD REQUIRED IN MOST MUNICIPALITIES. SAYS MORE, INCLUDES AN EXTRA STEP. NORMALLY THIS HELPS US GET OUR LOCATIONS RIGHT, FIRST TIME THE EXTRA STEP. WE CONTRACT A THIRD PARTY PROFESSIONAL SURVEY COMPANY TO COME OUT AND MARK THE CORNERS OF THE FOUNDATION. NOT EVERY BUILDING COMPANY TAKES THE EXTRA STEP. IT COSTS MONEY, IT COSTS TIME, AND THAT'S SOMETHING YOU INCLUDE INTO YOUR BILL. BUT AS A COMPANY, WE HAVE ALWAYS FELT THAT GOING A LITTLE ABOVE AND BEYOND IS BETTER FOR EVERYONE. FIRST, THE CONSTRUCTION MANAGER DOUBLE CHECKED THAT THE CORNERS OF THE SLAB WERE MARKED BY THE SURVEY COMPANY AS REQUESTED. AND THEY WERE. THE MAYTOWN PROCEDURE IS THAT THE FORM SURVEY MUST BE PASSED AND SUBMITTED TO THE CITY. PRIOR TO THE PREPO INSPECTIONS. 84 19 SILVER STREET SURVEY WAS PASSED AND WAS SUBMITTED TO THE CITY. THIS IS AN IMPORTANT STEP IN OUR PREPORT STAGES OF THE BUILD, AND IT'S SUPPOSED TO CONFIRM THERE ARE NO LOCATION ISSUES. OUT OF 435 HOMES IN HUNTER'S CREEK, ONLY ONE HAS EVER HAD THIS ISSUE. OF ALL THE HOMES I'VE EVER BUILT, OF ALL THE HOMES, MY VP AARON OAKLEY HERE, OR MY DIVISION PRESIDENT JEFF JOHNSON I'VE EVER BUILT, WE'VE NEVER HAD AN ISSUE LIKE THIS. ALL CHESMORE SURVEYS ARE COMPLETED BY A STATEWIDE SURVEY COMPANY CALLED ALL POINTS. THEY ARE A THIRD PARTY CONTRACTED COMPANY TO HELP ENSURE WE GET IT RIGHT THE FIRST TIME. THEY ARE A COMPANY USED AND TRUSTED BY SEVERAL BUILDING COMPANIES IN THE GREATER HOUSTON AREA. THIS ISSUE ORIGINATED BY HUMAN ERROR. THE ORIGINAL POINT SET BY ALL POINTS WAS USED AS A BASIS FOR ALL OTHER PROPERTY POINTS. WITH THIS BASE POINT NOT BEING SET CORRECTLY WAS INEVITABLE THAT ALL THE OTHER POINTS AND THE MEASUREMENTS USED TO CALCULATE THOSE POINTS WOULD BE INCORRECT. CURRENTLY, THE HOME IS APPROXIMATELY 4.1 FEET AT THE FRONT LEFT CORNER, 2.4 FEET AT THE REAR LEFT CORNER FROM THE PROPERTY LINE NEIGHBORING WITH 84 15 SILVER STREET. WE UNDERSTAND THE CITY'S STANDARD OF FIVE FEET BETWEEN PROPERTY LINE, THE SIDE OF THE HOUSE. THIS IS NOT A STANDARD IN ALL CITIES, RIGHT? UH, THERE ARE A FEW AREAS THAT HAVE ZERO LOT LINES THAT DO ALLOW FIVE FEET BETWEEN BUILDINGS. UM, ALTHOUGH IT'S A LITTLE DIFFERENT IN THIS COMMUNITY, IT IS NOT AN ABNORMAL SITUATION, ABNORMAL DISTANCE. WE'LL SEE. OUR PLAN IS TO MAKE OUR HOME COMPLIANT WITH THE 2015 IRC CODE CHAPTER THREE, SECTION 3 0 2 IN ACCORDANCE WITH THE A-S-T-M-E ONE NINE AND THE UL 2 63. AND OUR PLAN IF APPROVED, WOULD INCLUDE TAKING BRICK DOWN ON THE LEFT SIDE OF THE HOME AND REPLACING THE SHEATHING BEHIND THE BRICK WITH THE CODE COMPLIANT MATERIAL. IT ALSO INCLUDES ADDING SOME FRAME MEMBERS INTERNALLY BEHIND THE SHEATHING AS WELL AS REPLACING THREE WINDOWS TO ENSURE ALL MATERIALS ARE CODE [00:15:01] COMPLIANT. THIS PLAN HAS BEEN DISCUSSED IN DEPTH WITH THE CITY'S PLAN REVIEW TEAM, WHERE THE CITY RECOMMENDATIONS WERE PROVIDED AND WILL BE INTEGRATED INTO THE WORK DONE WITH THIS PLAN. THERE WILL BE NO CHANGES TO THE APPEARANCE OF THE HOME, WITH THE EXCEPTION OF A POSSIBLE WINDOW FRAME COLOR DIFFERENCE ON THE FIRE RATED WINDOWS. PLEASE MAKE NOTE THAT ALL REQUIRED CHANGES TO THIS HOME TO MAKE IT CODE COMPLIANT MUST BE DRAWN UP BY OUR DESIGN TEAM AND SUBMITTED TO THE CITY FOR APPROVAL BEFORE PERMITS AND CONSTRUCTION COULD START DURING AND AFTER CONSTRUCTION CHANGES WILL BE INSPECTED BY THE CITY TO CONFIRM WE ARE FOLLOWING THE AGREED PLAN AND MEETING OUR GOAL OF MAKING THIS HOME CODE COMPLIANT. MR. AND MRS. CASTILLO, OUR CUSTOMERS PURCHASING 84 19 SILVER STREAK HAVE BEEN THE MOST UNDERSTANDING PEOPLE IN THIS SITUATION. EVEN WITH OTHER OPTIONS PROVIDED TO THEM, THEY ARE DETERMINED TO LIVE IN THIS HOME. IT IS A BEAUTIFUL HOME THAT FITS THE COMMUNITY WELL. CURRENTLY, THEY'RE LIVING WITH FAMILY. THEY WERE SET TO HAVE THEIR BUYER WALKS FOLLOWED BY THE CLOSING OF THEIR BRAND NEW HOME AT THE END OF LAST MONTH. IT IS AN ABSOLUTE PRIORITY FOR US AS A COMPANY TO HELP MR. AND MRS. CASTILLO LIVE WHAT THEY HAVE DREAMED ABOUT FOR THE ENTIRE BUILD OF THIS HOME BAY TOWN'S PLAN REVIEW. TEAM IS READY. JUDGE MOORE IS READY. WE NEED YOUR HELP. MR. AND MRS. CASTILLO NEED YOUR HELP WITH THE VARIANCE. THANK YOU, SIR. THANK YOU. ANY QUESTIONS OF DO THAT NOW? YES. WHOEVER IS I'M NOT, I'M SORRY, I HAD TO STEP OUT FOR A SECOND. WAS HE, WAS THIS GENTLEMAN THE FIRST ONE LIST? NO, THEY'RE, THEY'RE ALL DONE. OKAY. THEY'RE ALL DONE. AND, AND WHAT ONE WAS FINN LEAVE? HE WAS HERE FOR THE OTHER ITEM. SO HE LEFT. AND HE DOES NOT WANNA, HE DOES NOT WANNA SPEAK. HE'S CHOSEN NOT TO SHARE WITH US. SO THAT IS ALL OUR SPEAKERS. YES, SIR. I ALWAYS FORGET THEM NOW OR CLOSE LEVEL HEARING AND THEN STAFF. ALL RIGHT. THEY THERE BEING NO OTHER SPEAKERS. UH, I'M GONNA CLOSE THE PUBLIC HEARING AND GO TO ITEM, SAME ITEM. CONSIDER THE VARIANCE IF WE HAVE STAFF GO THROUGH THE CRITERIA. ABSOLUTELY. ASK, ASK QUESTIONS IF WE NEED YOU GUYS THE NORMAL 10 CRITERIA, RIGHT, CHRIS? THAT'S CORRECT. OKAY. EXPLAIN HOW THE REQUEST WILL ENSURE THE SAME GENERAL LEVEL OF MANAGED COMPATIBILITY AND OTHERWISE APPLICABLE STANDARDS IN THIS PARTICULAR DEVELOPMENT. UH, AGAIN, AS I STATED BEFORE, UH, HOUSES ARE ABOUT 70 FEET WIDE ON 80 FOOT LOTS. SO THE PROPOSAL IS NOT TO EXPAND OR INCREASE THE FOOTPRINT OF THE HOME. UM, SO THAT ESSENTIALLY ENSURES THE SAME GENERAL USE OF THE LOT, UH, AS INTENDED BY THE ULDC. UM, AND IN ADDITION TO THAT GENERAL LAND USE, THE ONLY DIFFERENCE AS THE APPLICANT STATED IS THAT THEY WILL HAVE SOME ADDITIONAL BUILDING STANDARDS APPLIED TO IT. EXPLAIN HOW THIS REQUEST IS NOT A HARDSHIP OF THE APPLICANT'S HOME MAKING. WE ALL KNOW THAT HUMAN ERROR EXISTS. UM, BUT, UM, IN THIS CASE, THE, THE ERROR OCCURRED ON THE SURVEYOR'S PLACEMENT OF THE FORM SURVEY. UM, AND THAT FEELS THAT THAT'S NOT, UH, IT IS NOT OF THE DEVELOPER'S OWN DOING IN THAT CASE. ACTUALLY, SCIENCE OR THE MATHEMATICS OF THE SURVEYOR, UH, FAILED US IN OUR ATTEMPT TO BUILD THIS PRODUCT. DOES, DOES NOT, DOES NOT, UH, ADVERSELY AFFECT ADJACENT LAND USES AND THE PHYSICAL CHARACTER USES IN THE NEIGHBORHOOD IN WHICH THE EXCEPTION IS SOUGHT BECAUSE OF INADEQUATE BUFFERING SCREENING SETBACKS AND OTHER LAND LAND CONSIDERATIONS. IT IS NOT ANTICIPATED THAT THIS REQUEST, UH, FOR VARIANCE, IF GRANTED, WILL ADVERSELY AFFECT ANY ADJACENT LAND USES. AS STATED BEFORE, AGAIN, THE BUILDING STANDARDS WILL BE INCREASED TO, UH, TAKE CARE OF THE LIFE SAFETY CONCERNS AND THEN THE PHYSICAL CHARACTER IS NOT IMPACTED AT ALL. THIS GENERAL SUB, THIS SUBDIVISION GENERALLY HAS HOUSES IN CLOSE PROXIMITY, LIKE I SAID, FIVE FEET FROM THE [00:20:01] PROPERTY LINE. THEY ARE GETTING CLOSER TO THE PROPERTY LINE THAN WHAT IS UH, ALLOWED. HOWEVER, THE PHYSICAL CHARACTER AND MAKEUP STILL LOOKS VERY SIMILAR, UH, TO THE SURROUNDING AREA, DOES NOT ADVERSELY AFFECT PROPERTY VALUES OF ADJACENT PROPERTIES IN ANY MATERIAL WAY, AND WILL IMPROVE THE PROPERTY, WILL IMPROVE THE PROPERTY VALUE OF THE PROPERTY FOR WHICH THE EXCEPTION IS SOUGHT. UM, IT IS NOT ANTICIPATED THAT THE VALUES OF ADJACENT PROPERTIES WILL BE ADVERSELY AFFECTED BY THIS PARTICULAR REQUEST, EVEN THOUGH THEY ARE, UH, GETTING, THEY ARE PURSUING A VARIANCE OF 2.8 FEET GETTING CLOSER TO THE ADJACENT PROPERTY LINE. AGAIN, I DO NOT, STAFF DOES NOT THINK THAT THIS WILL IMPACT THE, THE LIVING OF THE ADJACENT PROPERTY, THUS NOT AFFECTING THEIR, UH, PROPERTY VALUE. AND VISIBLY IT DOES NOT LOOK ANY DIFFERENT THAN ANY OTHER PRODUCT IN THE NETWORK. FURTHERS THE GOALS AND VISION OF THE CITY AS SET FORTH IN THE COMPREHENSIVE PLAN DIVISION STATEMENT, AND AN APPLICABLE NEIGHBORHOOD PLAN OR REDEVELOPMENT PLAN ADOPTED BY THE CITY COUNCIL. UH, THE REQUESTED VARIANCE FURTHERS THE COMPREHENSIVE PLAN BY ALLOWING THE NEW FAMILY THAT DESIRES TO LIVE IN IT IS PROVIDING THEM, UH, A QUALITY OF LIFE. UH, AND IT DOES MEET THE, THE LAND USE GOALS OF THE CITY BY ALLOWING A HOME TO OCCUPY A VACANT LI WHAT WOULD BE A VACANT LIE OTHERWISE IT'S GENERALLY CONSISTENT WITH THE PURPOSE, UH, AND INTENT OF THE ODC. AGAIN, THE INTENT OF THE ODC IS TO REQUIRE SPACING BETWEEN DEVELOPMENTS OR BETWEEN RESIDENTIAL HOUSES. I BELIEVE WE MEET THAT. AND AGAIN, THE LIFE SAFETY, UH, PARAMETERS THAT WILL ARE, UM, CONDITIONS THAT WILL BE PUT INTO PLACE FOR THIS DEVELOPMENT. TAKE CARE OF ANY OTHER CONCERNS. IT'S NEEDED AS A SPECIAL CIRCUMSTANCE, AS A NEED, AS NEEDED. CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE LAND OR STRUCTURE THAT ARE NOT TO OTHER LAND OR STRUCTURES IN THE SAME DISTRICT AND OR NOT MERELY FINANCIAL. SO THIS PARTICULAR DEVELOPMENT, AGAIN, WE, WE LEAN BACK ON THE SURVEYORS, UH, PLACEMENT OF THE, THE FORMS WHICH CAUSED THE ERROR, WHICH AGAIN WAS DOWN AND CAUSED US THE IMPACT THAT WE HAVE. UH, THAT IS REALLY THE PECULIAR CIRCUMSTANCE THAT HUMAN ERROR IN THE BEGINNING OF THE DEVELOPMENT THROWS EVERYTHING OFF AFTERWARDS IS NECESSARY, IS NECESSARY AS LITERAL INTERPRETATION. AND IS THIS VARIANCE NECESSARY, UH, AS LIBERAL INTERPRETATION AND ENFORCEMENT OF TERMS AND PROVISIONS OF THE DIMENSIONAL STANDARDS WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY THE LANDOWNER IN THE SAME DISTRICT AND WOULD CAUSE UNNECESSARY AND UNDER HARDSHIP STAFF DOES FEEL THAT IT WOULD BE UNNEC UNNECESSARY HARDSHIP AND DEPRIVE THE AFRICAN OF RIGHTS ENJOYED BY OTHERS. IF WE WERE TO ADHERE TO THE FIVE FOOT SETBACK AT THIS TIME, AGAIN, THAT WOULD CAUSE MAJOR DEMOLITION OF THE HOUSE. THAT IS 90% IS THE MINIMAL ACTION THAT WOULD MAKE POSSIBLE THE USE OF A MAN OR THE STRUCTURE WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST AND WHICH WOULD CARRY OUT THE SPIRIT OF THE LDC AND WOULD RESULT IN SUBSTANTIAL JUSTICE. AGAIN, THE U LDCS, UM, INTENT IS TO PROVIDE DISTANCE BETWEEN HOUSES. IN THIS CASE WE ARE GETTING CLOSER. WE'RE ADDRESSING THOSE, THOSE, UH, THAT CLOSENESS AND THAT PROXIMITY BY GETTING CLOSE, BY DOING THE BUILDING, UM, IMPROVEMENTS THAT WE MENTIONED EARLIER. AND IT'LL ALLOW RESIDENTIAL USE ON THIS PROPERTY AS SUGGESTED BY US, WILL BRING THE EXISTING AND PROPOSED STRUCTURE CLOSER TO THE, TO, INTO COMPLIANCE WITH THE ZONING REGULATIONS OF THE, OF THIS U LDC OR WILL OTHERWISE IMPROVE AND ENHANCE PUBLIC PUBLIC HEALTH SAFETY AND WELFARE. THE VARIANCE REQUEST WILL BRING THE PROPOSED RESIDENTS INTO COMPLIANCE WITH THE U LDC C SETBACK REQUIREMENTS ENCROACHMENT INTO THE SIDE YARD. WE WOULD ALLOW THE APPLICANT THE REASONABLE USE OF THE PROPERTY AND THAT IN CRISIS. THANK YOU, CHRIS. AS THE BOARD COMMENTS OR QUESTIONS TO CHRIS OR, OR APPLICANT'S? [00:25:02] YOUR THOUGHTS? I JUST HAVE A COMMENT. I I DON'T PUT IT IN THE CATEGORY OF HUMAN ERROR. THIS, THIS WAS A, AN ENGINEERING ERROR, RIGHT? IT'S A PROFESSIONAL REGISTERED SURVEYOR. THEY MADE A MISTAKE. THAT'S NOT A HUMAN ERROR. THAT'S A PROFESSIONAL ENGINEERING ERROR. IT DOESN'T CHANGE THE SITUATION. BUT, UH, A HUMAN ERROR IS A LITTLE MORE, UH, SUBJECTIVE TO THE INTENT. IN THIS CASE, THEIR INTENT WAS TO DO IT RIGHT, THEY PROFESSIONALLY FAILED. SO YOU'RE LEFT WITH THE RESULT OF THAT FAILURE. RIGHT? SO PUTTING IT IN MY MIND THAT WAY, RIGHT? WELL, HUMAN, HUMAN ERROR, IT WAS A PROFESSIONAL SURVEYORS ERROR BECAUSE THERE'S MORE THAN ONE PERSON INVOLVED IN THAT PROCESS OF VALIDATING THE SURVEY. SO ANY THOUGHTS, BARBARA, MR. SAN TANA'S POINT NOTWITHSTANDING, IT MUST HAVE BEEN A REALLY BAD DAY. WHENEVER IT CONTINUES, STILL, IT STILL IS STILL. WHERE WERE YOU? I CAN'T EVEN, I CAN'T EVEN IMAGINE. JUNE 6TH WAS NOT A HAPPY DAY. THAT WOULD BE, UH, JUST TO, JUST BECAUSE I'M INTERESTED HOW, FROM, FROM THIS POINT ON, ASSUMING THAT THINGS GO FAVORABLY FOR, FOR YOUR TEAM TODAY, WHEN DO THE CASTILLOS EXPECT TO CLOSE AND MOVE IN? HOW LONG IS IT GONNA TAKE FOR YOU TO MAKE IT RIGHT? WELL, BASED ON MY RESEARCH, TALKING WITH THE CITY'S, UH, REVIEW TEAM, YOU KNOW, THEY TOLD ME THEY CAN PROBABLY TURN AROUND A REVIEW IN A FEW DAYS, YOU KNOW, SO I'D PROBABLY GIVE 'EM A WEEK. THAT WAY WE'RE NOT PUTTING ANY PRESSURE ON THEM. UH, ASSUMING WE CAN GET MATERIAL IN A REASONABLE AMOUNT OF TIME, WHICH IS TYPICALLY A WEEK TO TWO, UM, YOU KNOW, CONSTRUCTION IS ROUGHLY A WEEK, SO WE'RE LOOKING THREE TO FOUR WEEKS OF TOTAL WORK, YOU KNOW, ON A GOOD DAY. OBVIOUSLY IN TODAY'S WORLD IT'S A LITTLE HARDER TO GET AHOLD OF THINGS, BUT IT IT COULD, IT COULD TURN OUT. YEAH. THANKS FOR THAT INFO. ANOTHER MINOR POINT, THE, UH, SETBACK WE'RE TALKING ABOUT AND VARIANCE IS THE FOUNDATION, RIGHT? THE WALL OF THE HOUSE. YES, THE WALL OF THE HOUSE. SO THE EVE, THE OVERHANG IS MUCH CLOSER TO THE FENCE THAN THE FOUNDATION, RIGHT? IS A LITTLE CLOSER IN THE BACK, RIGHT? YEAH, THE BACK'S REALLY THE, THE WHERE IT NARROWS DOWN. SO THEY'RE NOT GONNA BE ABLE TO GET A TRAILER BACK THERE. I MEAN I I KNOW IN THIS KIND OF TOWN WE WE'RE GONNA PUT YOUR BOAT. WELL YOU PUT A GATE IN THE BACK, THAT'S WHY THEY WANT THAT PROPERTY. SO YOU PUT A GATE IN THE BACK AND YOU DRIVE IN OFF OF NEEDLE POINT. SO THE ACCESS FROM NEEDLE POINT. EXACTLY RIGHT. YEAH, I DON'T, I DON'T HAVE ANYTHING ELSE COMPLETELY UNDERSTAND THE SITUATION AND THE CRITERIA AND THE WAY THEY WERE APPLIED. AND SO I AGREE. MY ONLY, MY COMMENT IS IT APPEARS TO ME AND I THINK STAFF IS MAKING THE RECOMMENDATION TO APPROVE BECAUSE ALL 10 CRITERIA HAVE BEEN MET FROM THE ANALYSIS OF STAFF. AND I PERSONALLY AGREE WITH THE ANALYSIS OF STAFF THAT ALL 10 CRITERIA ADMIT. AND THEN FURTHER, YOU KNOW, IF, IF YOU LOOK AT IT, THERE'RE PROBABLY GONNA BE ONE PERSON IN A ZILLION THAT CAN SAY, OH MY GOD, THAT'S TOO CLOSE. BUT INDEED THE ADDITIONAL STUFF THAT Y'ALL ARE GONNA DO ON THE HOUSE TO GIVE THE CFR WHATEVER RATINGS, UH, I THINK IS A GREAT THING AND ACTUALLY REQUIRED. I AGREE. FOR US TO LET THIS GO FORWARD. THAT'S MY ONLY COMMENTS. UH, IF THERE ARE ANY OTHERS, I WOULD SEEK A MOTION TO APPROVE. REQUEST TO VARIANCE. I'LL MOVE TO APPROVE THE REQUEST VARIANCE. SECOND. SECOND. ANY DISCUSSION? A ALL IN FAVOR SAY AYE. AYE. AYE. YOU PROPOSE NO. MOTION PASSES. APPROVE THE DAY. GOT A LITTLE BETTER. . THANK Y'ALL VERY MUCH. YES, YOU'RE WELCOME. APPRECIATE Y'ALL COMING OUT. VERY APPRECIATIVE AND GOOD PROCESS. THANK YOU. VERY GOOD PRESENTATION. IT WAS, IT WAS ACTUALLY A VERY GOOD PRESENTATION. WE HEAR, WE HEAR A LOT AND LOT OF INFO THERE. THANK YOU. THANK YOU. Y'ALL CAN BREATHE NOW. YOU'VE ALL THREE AND Y'ALL CAN STAY IF YOU WANT TO WHILE WE, WE FINISH UP TODAY OR YOU CAN LEAVE, YOU MIGHT WANNA HEAD OUT THE PARK. YOU CAN GO CELEBRATE. THANK YOU AGAIN, Y'ALL HAVE A GREAT DAY. APPRECIATE YOUR TIME. EL TOROS. ALRIGHT, LET'S MOVE ON TO ITEM THREE B AND ASK, UH, STAFF, I'M SORRY, MR. PRESIDENT, IF I COULD JUST INTERRUPT. I WANTED TO INTRODUCE MYSELF. YES SIR. I'M SCOTT LAMONT, I'M THE CITY ATTORNEY. AH, YES, WE HAVE. I JUST WANTED TO LET YOU KNOW THAT I'M ON BOARD HERE AND APPRECIATE YOUR SERVICE TO HAVE YOU, SIR. THANK YOU. I'M GLAD TO BE HERE. I'M BARB BOYER. [00:30:01] NICE TO MEET YOU. NICE TO MEET YOU AS WELL. THANK YOU ALL FOR VOLUNTEERING. WE, WE, UH, YOU KNOW HOW IMPORTANT IT IS AND APPRECIATE THE JOB THAT YOU'RE DOING AND MY DOOR, UH, IS ALWAYS OPEN. MY PHONE IS ALWAYS AVAILABLE. IF YOU HAVE ANY QUESTIONS, PLEASE UH, FEEL FREE TO CALL OR COME BY. AND OF COURSE YOU'RE IN GREAT HANDS WITH RIS. UH, BUT I WANTED TO LET YOU ALL KNOW THAT, UH, THAT I'M HERE AND AVAILABLE IF YOU EVER HAVE ANY QUESTIONS OR NEED. THANK YOU VERY MUCH. GLAD WELCOME TO. WE'RE GLAD THAT WE CHOSE YOU AND YOU CHOSE US . I AM, I AM GLAD TO. THIS HAS JUST BEEN A, A FANTASTIC THREE WEEKS AND LOOKING FORWARD FOR THREE AND SIX AND NINE YEARS TO COME. VERY GOOD. YOU. THANK YOU. THANK YOU VERY MUCH. ALRIGHTY. [b. Conduct a public hearing and consider a request for variance from the Unified Land Development Code, Article III. Division 1. Table 3-1. Property Development Standards to increase the maximum allowed lot coverage percentage from 60% to 67.4%.] ITEM THREE B, WHAT YOU WANNA DO ON ITEM ITEM THREE B FOLKS. ITEM THREE B UH, MR. CHAIRMAN, WE GONNA ASK THAT, UH, WE ACCEPT UH, THE APPLICANT'S WITHDRAWAL REQUESTS FOR THE APPLICATION AND NOT TAKE THIS ITEM. DUNNO. UM, SO, UH, YEAH, ANY EXPLANATION WANT TO GIVE US OR NEED TO? SO ESSENTIALLY THE APPLICANT WAS SEEKING FOR THE LOT COVERAGE EXCEPTION. SO WE WERE ABLE TO GET THEM INTO A SITUATION 'CAUSE STAFF DOES HAVE THE ABILITY TO GRANT AN ADMINISTRATIVE VARIANCE UP TO A CERTAIN PERCENTAGE. THAT WOULD MEAN THAT THEY WOULD BE ABLE TO GET UP TO 66% OF LOT COVERAGE INSTEAD OF 60. THEY WERE COMING IN TO ASK FOR 67.4%. RIGHT? SO WE GOT DOWN TO, UH, THE LAST MINUTE ON FRIDAY AND THE APPLICANT AGREED THAT THEY CAN GET DOWN TO 66%. SO , THEY HEARD ABOUT, THEY HEARD ABOUT IT, THEY HEARD ABOUT YOU, RIGHT? THEY'RE GONNA MAKE HIM VERY HAPPY. UM, SO, UH, WE'RE ABLE TO, WE'RE GONNA ASK TO WITHDRAW THE APPLICATION AND IT'S NOT HEAR THIS TIME. SO THEY'LL STILL GET THE POOL. IT JUST WON'T BE AS MUCH CONCRETE. IT MAKES IT, IT MAKES IT A MOOT POINT FOR THIS BOARD. THAT'S CORRECT. OUR ACTION TO JUST SIMPLY SAY ITEM THREE B IS BEING WITHDRAWN BY STAFF AND APPLICANT. YES. WE TAKE ACTION. RIGHT? [a. Receive a report from the Director of Planning and Development.] ITEM FOUR A, RECEIVE A REPORT DEPARTMENT. YEAH, WE HAVE NO REPORT. , WE DO WANNA SAY THANK YOU AGAIN LAST, WE'VE BEEN POUNDING YOU ALL AND KEEPING YOU COMING BACK EVERY WEEK. WE HAVE ONE MORE WITH THE U-HAUL, BUT WE'LL COME BACK ON AUGUST. OKAY. SO YOU CAN LOOK FORWARD TO THAT. I BELIEVE WE HAVE ONE OTHER VARIANCE THAT WILL COME BEFORE WE A A VARIANCE TO LANDSCAPING, UM, STANDARDS OR STREETSCAPE STANDARDS. UH, SO YEAH. REPORT. SO MAYBE WITHIN AUGUST. YES, SLIGHTLY. CAN WE DO BOTH OF THOSE IN AUGUST? WE NEED FOOD . OH REALLY? YOU KNOW WHAT? WE CAN, IF YOU ALLOW MARTIN TO DO A SESSION OF TRAINING WITH YOU ALL, WE MIGHT BE ABLE TO TURN IT INTO A LUNCHEON OR ANOTHER QUICK PRO QUO . VERY GOOD STAFF. SENIOR OTHER BUSINESS. HOW ABOUT A MOTION TO ADJOURN? I MAKE A MOTION TO ADJOURN. SECOND. ALL IN FAVOR? AYE. AYE. ALL. WE ARE ADJOURNED. THANKS AGAIN. LET'S GO TO EL TORO. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.