[A. Regular Meeting] [00:00:04] GOOD EVENING EVERYONE. I'D LIKE TO CALL TO ORDER THE BOARD OF ADJUSTMENT MEETING OF THE CITY OF SACHSE REGULAR MEETING ON TUESDAY, MAY 26, 2026 AT 6:30 P.M. TO CONSIDER THE FOLLOWING ITEMS OF BUSINESS. THE FIRST ITEM IS THE INVOCATION AND PLEDGE OF ALLEGIANCE TO THE U.S. AND TEXAS FLAGS. I BELIEVE MR. KING WILL BE DOING OUR INVOCATION AND THEN MR. CASEY'S DOING OUR PLEDGES. FATHER IN HEAVEN, PLEASE WATCH OVER THIS BOARD TONIGHT AS WE CONSIDER THE ITEMS THAT ARE BEFORE US. FATHER, HELP US TO LISTEN TO EACH AND EVERYTHING SAID BY EACH OF THE PRESENTERS. FATHER, WE KNOW THAT WHATEVER THIS BOARD DECIDES, IT'S GOING TO AFFECT PEOPLE'S LIVES. FATHER, JUST HELP US TO MAKE THE PROPER DECISION THAT'S BEST FOR EVERYBODY INVOLVED. CHRIST'S NAME WE PRAY. AMEN. 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. TEXAS PLEDGE. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE; TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE. ALL RIGHT, MOVING ON. WE'LL GO ON TO CONSIDERING AND ELECT A CHAIRPERSON, VICE CHAIRPERSON, AND SECRETARY FOR THE BOARD OF ADJUSTMENT. AND FOR THIS, WE WILL NEED A MOTION FOR. IT CAN BE DONE IN ONE MOTION OR IT CAN BE DONE SEPARATELY. AS FAR AS THE SECRETARY BOARD OF ADJUSTMENT, THAT WILL BE THE STAFF LIAISON MYSELF, MATT ROBINSON SO WE NEED A VOTE AND A MOVEMENT FOR A CHAIRPERSON AND VICE CHAIRPERSON. WELL, I'LL START IT OFF BY MAKING A MOTION TO MAKE JIM MATHIS, OUR CHAIRPERSON. I SECOND. OKAY. SO WE HAVE A MOTION TO ELECT JIM MATHIS AS THE CHAIRPERSON OF THE BOARD OF ADJUSTMENT. AND WE HAVE A SECOND FROM MR. CHARLES ROBINSON. SO ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND. YOU CAN VOTE TOO, JIM. [LAUGHTER] AND THE NEXT ELECTION WE NEED IS FOR THE VICE CHAIRPERSON AND VICE CHAIRPERSON. SECOND. SO WE HAVE A MOTION BY MR. JIM MATHIS TO ELECT CULLEN KING AS THE VICE CHAIRPERSON AND A SECOND BY CHARLES ROBINSON. ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. OKAY. AND FROM HERE, I WILL TURN IT OVER TO OUR NEW CHAIRMAN, MR. JIM MATHIS. GOOD EVENING. THE PUBLIC IS INVITED TO ADDRESS THE BOARD REGARDING ANY TOPIC NOT ALREADY ON THE AGENDA FOR ACTION OR PUBLIC HEARING. COMMENTS REGARDING ANY DISCUSSION. ONLY ITEMS ON THE AGENDA SHALL BE ADDRESSED DURING THIS PUBLIC COMMENT SECTION. THE TIME LIMIT IS THREE MINUTES PER SPEAKER. A PUBLIC COMMENT CARD SHALL BE PRESENTED TO THE ACTING SECRETARY PRIOR TO THE MEETING. ACCORDING TO THE TEXAS OPEN MEETINGS ACT, THE BOARD IS PROHIBITED FROM DISCUSSING ANY ITEM NOT POSTED ON THE AGENDA, BUT WILL TAKE COMMENTS UNDER ADVISEMENT. DO WE HAVE ANYONE THAT WOULD LIKE TO ADDRESS THE BOARD? OKAY. ACTION ITEMS. ACTION ITEMS ARE FOR THE BOARD DISCUSSION AND CONSIDERATION FOR THE PRESIDING [INAUDIBLE]. [1. Consider approving the August 20, 2020, meeting minutes.] THE PRESIDING OFFICER WILL INVITE COMMENTS BEFORE THE BOARD VOTES. A PUBLIC COMMENT CARD SHALL BE GIVEN TO THE ACTING SECRETARY PRIOR TO THE START OF THE MEETING. NUMBER ONE, CONSIDER APPROVING THE AUGUST 20, 2020 MEETING MINUTES. I'LL MAKE A MOTION THAT WE APPROVE THE THE AUGUST 20, 2020 MEETING MINUTES. I'LL SECOND THAT. ALL IN FAVOR, RAISE YOUR RIGHT HAND. UNANIMOUS. NUMBER TWO, CONDUCT A PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON A VARIANCE REQUEST TO REDUCE THE REQUIRED REAR [2. Conduct a public hearing to consider and take action on a variance request to reduce the required rear yard setback from 25' to 17' 3" for a lot located at 3316 Ellington Drive in the Woodbridge Phase 18 Subdivision, further described as Lot 3 Block V, City of Sachse, Collin County, Texas.] [00:05:06] YARD SETBACK FROM 25 FEET TO 17 FEET THREE INCHES FOR A LOT LOCATED AT 3316 ELLINGTON DRIVE IN THE WOODBRIDGE PHASE 18 SUBDIVISION. FURTHER DESCRIBED AS LOT THREE, BLOCK FIVE, CITY OF SACHSE, COLLIN COUNTY, TEXAS. GOOD EVENING, PHILIP FEINHALS CITY PLANNER HERE. I'LL BE DOING THE STAFF PRESENTATION TONIGHT. THIS REQUEST IN FRONT OF YOU TONIGHT IS FOR A REDUCTION TO THE REQUIRED REAR YARD SETBACK OF 25FT TO 17FT THREE INCHES ON THE PROPERTY LOCATED AT 3316 ELLINGTON DRIVE. THE REQUIRED REAR YARD SETBACK ADJUSTMENT WOULD BE FOR THE ENTIRE LOT IN FRONT OF YOU HERE'S SOME PROJECT INFORMATION HERE REGARDING THE APPLICANT OWNER INFORMATION AS WELL AS THE LOCATION. THE FOLLOWING THREE ITEMS MUST BE SATISFIED INDEPENDENTLY FOR THE BOARD TO APPROVE A VARIANCE. PHILIP WE'RE GOING TO STOP YOU RIGHT THERE. WE'RE GOING TO DO THE SWEARING IN BEFORE YOU DO YOUR PRESENTATION. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY PROVIDED HERE TODAY IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO. CARRY ON. OKAY, I'LL START FROM THE BEGINNING. PHILIP FEINHALS CITY PLANNER. SORRY, CHAIRMAN IF YOU WANT TO SWEAR IN EVERYBODY WHO'S GOING TO GIVE TESTIMONY AT ONE TIME, THAT'S USUALLY. OKAY. WOULD YOU LIKE TO, MR. COLCLASURE? IS THAT THE WAY YOU PRONOUNCE IT? THAT'S PRETTY DARN CLOSE. I'LL GO WITH IT. OKAY. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY PROVIDED HERE TODAY IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO. DO YOU NEED DANNY AS WELL? I'M HERE FOR MORAL SUPPORT. DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY PROVIDED HERE TODAY IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO. THANK YOU. ALL RIGHT. SO THE REQUEST IN FRONT OF YOU TONIGHT IS FOR A VARIANCE TO THE REQUIRED REAR YARD SETBACK FROM 25FT TO 17FT THREE INCHES FOR A LOT LOCATED AT 3316 ELLINGTON DRIVE. THE REQUIRED REAR YARD SETBACK ADJUSTMENT WOULD BE FOR THE ENTIRE LOT. IN FRONT OF YOU IS SOME PROJECT INFORMATION HERE WITH THE APPLICANT OWNER INFORMATION AS WELL AS THE LOCATION. THE FOLLOWING THREE ITEMS MUST BE SATISFIED INDEPENDENTLY FOR THE BOARD TO APPROVE A VARIANCE. THE VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST. UNIQUE CONDITIONS OF THE PROPERTY MUST CREATE AN UNNECESSARY HARDSHIP, AND THAT THE REQUIREMENTS OF THE ZONING ORDINANCE ARE APPLIED AS INTENDED AND FAIRLY THROUGH THE ZONING DISTRICT. THE DEFINITION OF A VARIANCE IS PROVIDED HERE IN FRONT OF YOU. UNDUE HARDSHIP IS NOT SELF-IMPOSED FINANCIAL OR FINANCIAL, AND IS TO BE A RESULT OF UNIQUE LOT CONDITIONS, SUCH AS NATURAL FEATURES THAT PREVENT THE USE OF THE PROPERTY. IN FRONT OF YOU HERE IS AN AERIAL MAP OF THE THE LOCATION THAT WE'RE TALKING ABOUT HERE 3316 ELLINGTON DRIVE. THESE ARE THE MINIMUM LOT STANDARDS FOR THE ZONING DISTRICT. PART OF PLANNED DEVELOPMENT 19 WITHIN THE SUB ZONING R 10. THOSE STANDARDS THERE ARE FOR THE ENTIRE AREA OF PD 19 THAT ARE ZONED FOR THAT R 10. 3316 ELLINGTON MEETS ALL OF THESE STANDARDS OF THE SUBDIVISION AND ZONING ORDINANCE. AS NOTED IN THE BOTTOM RIGHT, WHERE STRUCTURES ARE UNDER 400FT², THEY ARE NOT REQUIRED TO MEET THE SETBACK STANDARDS OF THE PRIMARY STRUCTURE WHENEVER WE'RE TALKING ABOUT ACCESSORY STRUCTURES. THE APPLICANT IS REQUESTING A VARIANCE TO THE REAR YARD SETBACK, REDUCING THE SETBACK FROM THE ZONING DISTRICT STANDARDS OF 25' TO 17' 3. IN FRONT OF YOU, YOU CAN SEE A AERIAL KIND OF VISUALIZING THAT EXTRA ROOM THAT WOULD BE THERE. THIS IS FOR THE OVERALL GOAL FOR THE APPLICANT TO CONSTRUCT AN ATTACHED PATIO STRUCTURE. WHEN LOOKING AT THE LOT, YOU CAN SEE HERE THAT THE AREA OF THE BACKYARD AND ATTACHED PATIO STRUCTURE WOULD BE ABLE TO BE CONSTRUCTED TO MEET ALL THE REQUIREMENTS OF THE ZONING DISTRICT THAT IS THAT AREA HATCHED IN GREEN THERE AND IS ROUGHLY 1600FT². [00:10:08] IN FRONT OF YOU HERE IS WHAT THE VARIANCE WOULD ALLOW FOR IN THE YELLOW THERE. ALLOWING FOR AN ADDITIONAL BASICALLY REDUCING THAT 25FT TO 17FT, THREE INCHES FOR YOUR REAR YARD SETBACK. IF APPROVED, THEY WOULD BE ABLE TO BUILD ANY SORT OF STRUCTURE WITHIN THAT, GIVEN THAT IT MEETS ALL OF THE OTHER ZONING REQUIREMENTS. STAFF RECOMMENDATION STAFF RECOMMENDS DENIAL FOR THE FOLLOWING REASONS. THE REQUEST IS INCONSISTENT WITH THE SURROUNDING LOTS. THE ZONING ORDINANCE IS BEING APPLIED FAIRLY TO THIS PROPERTY. THERE IS NO HARDSHIP UNIQUE TO THE PROPERTY. IT MEETS ALL MINIMUM LOT STANDARDS AND THERE ARE NO UNIQUE CONDITIONS PRESENT. ALTERNATIVES EXIST THAT WOULD ALLOW FOR THE CONSTRUCTION OF A PATIO COVER THAT MEETS THE ZONING REQUIREMENTS OF THE PROPERTY AND OTHER PROPERTIES OF THE ZONING DISTRICT. ALTERNATIVES INCLUDE, BUT ARE NOT LIMITED TO, REVISING THE PLANS TO ADJUST THE LAYOUT AND STAY OUT OF THE REQUIRED SETBACK OR REDUCTION IN SIZE OF THE STRUCTURE AND DETACHMENT FROM THE HOME. AT THIS TIME, ARE THERE ANY QUESTIONS FOR STAFF? IF NOT, YOU CAN OPEN UP THE PUBLIC HEARING. AND I HAVE A QUESTION FOR YOU. OKAY. ARE THERE ANY UNDERGROUND UTILITIES OR SEWERS OR ANYTHING IN THIS GREEN SPACE BACK THERE THAT WE HAVE TO BE CONCERNED ABOUT? THERE IS NOT ANY EASEMENTS THAT I'M AWARE OF. IT LOOKS LIKE THERE'S A 2.5FT WALL MAINTENANCE EASEMENT ON THE PROPERTY LINE THAT SOUTHERN PROPERTY LINE THERE BASED ON THE SURVEY THAT THEY PROVIDED. BUT THERE'S NO UTILITY EASEMENTS OR ANYTHING LIKE THAT, THAT RUN THERE. AND WOULDN'T KNOW OF ANY FUTURE PLANS TO RUN ANYTHING THROUGH THERE, AS FAR AS WE KNOW. NOT THAT I'M AWARE OF AT THIS TIME. WHO MAINTAINS THAT STRIP OF LAND AS FAR AS MOWING AND KEEPING IT CLEAN AND SO FORTH? AS FAR AS THE WALL MAINTENANCE EASEMENT, OR DO YOU MEAN THE. THE GREEN SPACE BETWEEN THE HOUSES BACK THERE? SO THAT IS THE BACKYARD OF THE LOT. SO HERE'S THE AERIAL THERE. YOU CAN SEE THAT'S JUST THE FENCED IN BACKYARD PORTION OF THE LOT. ANY OTHER. SURE. MR. COLCLASURE, SIR, WOULD YOU LIKE TO SAY ANYTHING? ABSOLUTELY. APOLOGIES. I GET A LITTLE NERVOUS IN THESE SETTINGS. SO I DID BRING SOMETHING TO READ, IF YOU DON'T MIND. SPEAK YOUR OWN. EXCUSE ME. CAN YOU. IS IT ON? DO I NEED TO LEAN FORWARD? NO BUT. GOOD EVENING. MY NAME IS ADAM. I'M THE OWNER OF THE PROPERTY. BUT BEFORE I PRESENT THE SUBSTANCE OF MY REQUEST. I NEED TO RESPECTFULLY CORRECT THE FACTUAL ERROR IN THE STAFF REPORT. THAT I BELIEVE IS CENTRAL TO THE DENIAL RECOMMENDATION. AND I WANT TO DO SO CLEARLY BECAUSE IT DIRECTLY MIRRORS THE STRUCTURE OF THE 2020 COURTNEY CIRCLE CASE THAT THE BOARD JUST APPROVED TONIGHT. THE STAFF RECOMMENDATION STATES THAT APPROVING THIS VARIANCE WOULD ALTER THE REAR SETBACK OF THE ENTIRE PROPERTY BY 17.3 INCHES. THAT IS NOT WHAT I HAVE REQUESTED. AND IT IS NOT WHAT THE SURVEY AND THE ENCROACHMENT DOCUMENTS IN THE CASE FILE SHOW. THE VARIANCE I'M REQUESTING IS CONFINED TO A SINGULAR TRIANGULAR AREA, APPROXIMATELY 65FT² OF THE SOUTHWEST CORNER OF THE PROPERTY, WHERE THE ANGLED REAR PROPERTY LINE CONVERGES ON THE FOOTPRINT OF THE STRUCTURE THAT I'M LOOKING TO BUILD. THE 25 FOOT SETBACK REMAINS FULLY INTACT ACROSS THE REMAINDER OF THE PROPERTY LINE. I'M ONLY LOOKING FOR A LOCALIZED VARIANCE MINIMUM RELIEF, NOT A BLANKET SETBACK. OKAY. THE REASON THAT DISTINCTION MATTERS IS THAT IT WAS THE PRECISE BASIS ON WHICH THE BOARD OVERRODE A STAFF DENIAL RECOMMENDATION IN THE 2020 COURTNEY CIRCLE CASE. AND IN THAT CASE, STAFF RECOMMENDED DENIAL, IN PART BECAUSE THE PROPOSED REDUCTION WOULD HAVE APPLIED AS A BLANKET REDUCTION TO THE ENTIRE AREA OF THE PROPERTY LINE. MY REQUEST DOES NOT DO THAT. THE BOARD'S OWN PRECEDENT APPLIED CONSISTENTLY ALSO SUPPORTS APPROVAL HERE. NOW TO THE HARDSHIP. MY LOT, AS YOU SAW IN THE VIDEO, IS A POLYGON SHAPE. IT IS NOT A TRADITIONAL RECTANGLE SHAPE THAT YOU WOULD SEE IN ANY NORMAL PROPERTY, EVEN THOSE ADJACENT TO ME. [00:15:04] I COULD NOT HAVE ANTICIPATED THE GEOMETRY AND THE BUILD LINE. I CANNOT ALTER IT WHEN A 25 FOOT SETBACK IS APPLIED TO THE REAR PROPERTY LINE THAT RUNS AT AN ANGLE, RATHER THAN PARALLEL TO THE HOME'S FOOTPRINT. THE RESULT IS A DIAGONAL RECTANGULAR BOUNDARY THAT CUTS INTO THE BUILDABLE ENVELOPE ON THE SOUTHWEST CORNER OF MY PROPERTY. THE TRIANGULAR PITCH POINT DOES NOT EXCEED THE RECTANGULAR LOTS SURROUNDING MINE. MY NEIGHBORS CAN BUILD AN EQUIVALENT ATTACHMENT AND HAVE COVERED PATIO. AND AS A MATTER OF RIGHT, I CANNOT. NOT BECAUSE ANYTHING I DID, BUT BECAUSE A LINE DRAWN ON A PLAT BEFORE I EVER OWN THE PROPERTY. STAFF'S THIRD BASIS FOR DENIAL IS THAT ALTERNATIVES EXIST. THE PRESENTATION SHOWS A ZONE WHERE A PATIO COULD BE CONSTRUCTED WITHIN AN EXISTING SETBACK ENVELOPE. I WANT TO BE DIRECT ABOUT WHAT THAT ACTUALLY MEANS IN PRACTICE. THE PROPOSED STRUCTURE IS AN ATTACHED, COVERED PATIO THAT INTEGRATES WITH THE ROOF LINE OF THE PRIMARY RESIDENCY. MOVING THE STRUCTURE ENTIRELY AWAY FROM THAT SOUTHWEST CORNER WOULD NOT PRODUCE A COMPLIANT VERSION OF THE SAME DESIGN. IT WOULD PRODUCE A DIFFERENT STRUCTURE ON A DIFFERENT PART OF THE LOT, WITH DIFFERENT ENGINEERING, DIFFERENT DRAINAGE CHARACTERISTICS, AND A DIFFERENT RELATIONSHIP TO THE HOME. THE EXISTENCE OF OPEN SPACE ELSEWHERE ON THE LOT IS NOT THE SAME AS AN ALTERNATIVE THAT ACHIEVES THE SAME OUTCOME. AND CRITICALLY, ANY DETACHED STRUCTURE OF EQUIVALENT SIZE OVER 400FT² WOULD REQUIRE UNDER SACHSE CODE CHAPTER 11, ARTICLE FOUR, SECTION 12.1 AND 12.2 TO COMPLY WITH THE SAME 25 PRIMARY STRUCTURE SETBACK. THE ALTERNATIVE DOES NOT RESOLVE THE CONSTRAINT, IT SIMPLY MOVES IT. SEVEN NEIGHBORING PROPERTIES, INCLUDING THOSE DIRECTLY TO MY REAR AND SIDE. HAVE REVIEWED THE ENCROACHMENT DIAGRAM AND HAVE SIGNED THE PETITION WITH NO OBJECTION. NO OPPOSITION HAS BEEN RECEIVED FROM ANYONE IN THE NOTIFICATION AREA. I'M ASKING THE BOARD TO APPLY THE SAME ANALYSIS IT APPLIED IN THE 2020, WHERE A DOCUMENTED GEOMETRIC CONDITION UNIQUE TO THE PROPERTY CREATES A HARDSHIP THAT THE APPLICANT DID NOT CAUSE AND CANNOT REMEDY. AND WHERE THE RELIEF REQUESTED IN THIS CASE IS THE MINIMUM NECESSARY TO ADDRESS THE CONDITION, THE VARIANCE CRITERIA ARE SATISFIED. THAT IS EXACTLY THE SITUATION BEFORE YOU TONIGHT. I'M HAPPY TO ANSWER ANY QUESTIONS. I HAVE A QUESTION. YOU SAID THAT YOU COULD NOT HAVE ANTICIPATED THE SHAPE OF THE PROPERTY. WERE YOU NOT AWARE? DID YOU NOT LOOK AT THE PLAT BEFORE YOU BOUGHT THE PROPERTY? NO, I HAVE LOOKED AT THE PLOT. I, YOU KNOW, OF COURSE I WENT THROUGH THE BACK, I LOOKED AT THE BIG BACKYARD. LOVED IT. IN THE SURVEY DOESN'T SHOW THE SURVEY THAT I RECEIVED AT CLOSING DOES NOT SHOW THE BUILD LINE IT'S JUST A NORMAL PROPERTY SURVEY. WE DID NOT RUN INTO THE BUILD LINE CRITERIA UNTIL WE HAVE FINISHED THE DESIGN OF THE BUILD THE PROJECT THAT IS WHEN WE RAN INTO THE BUILD LINE SETBACK. OKAY. WHEN DID YOU BECAUSE YOU'RE TALKING ABOUT YOU DISCOVERED THE SETBACK WHEN YOU FINISHED THE BUILD. NO I HAVEN'T EVEN BUILT. I'M WAITING TO. OKAY. THAT'S WHAT I WAS WONDERING. IF YOU WERE TALKING ABOUT BUILDING THE HOUSE. NO, NO, NO. WHEN I PURCHASED THE HOUSE, IT WAS NEW. I'M THE FIRST OWNER. WE HAVE NOT BUILT. ONCE WE SAW THE THE ENCROACHMENT ON THE BUILD LINE, WE STOPPED WE HALTED TO MAKE SURE THAT WE MOVE FORWARD WITH ACCORDANCE TO THE CITY. I DO NOT WANT TO DO ANYTHING OUTSIDE OF NORMS, EVEN THOUGH I SEE THAT HAPPENING EVEN IN SOME OF MY NEIGHBORS HAVE DONE SO WITHOUT THE APPROPRIATE APPROVALS. WHAT IS THE STRUCTURE THAT YOU'RE WANTING TO BUILD? IS THERE A, DO YOU HAVE THE EXHIBITS THAT I PROVIDED? IT IS A PATIO. IT'S A POOL. IT'S A PATIO. IT COVERS THE ENTIRE BACKYARD. SORRY. THE BACK BACK PROPERTY OF THE HOUSE. IT JUST IT'S AN ATTACHED PATIO. SO IT GOES FROM ONE SIDE TO THE OTHER SIDE OF THE END OF THE HOUSE. THAT IS IT. IN FACT, PHILIP, IF YOU COULD SHOW EXHIBIT B-2 THAT WILL SHOWCASE THE. THE OVERHEAD IS WHAT I'M. YEAH. THIS IS THIS GIVES YOU THE VISUAL OF THE IN THAT RED WHAT I'M ASKING FOR A VARIANCE. [00:20:03] THE REST OF THE 25 YARD BUILD LINE STAYS INTACT. ALL I'M ASKING FOR IS THIS 65 SQUARE FOOT. ROUGHLY HALF A PERCENT OF THE TOTAL ACREAGE AND PROPERTY LOT. FOR THIS PARTICULAR VARIANCE, EVERYTHING ELSE STAYS INTACT. 25 FOOT LINE STAYS INTACT AND THE REST OF THE PROPERTY. SO THIS ADDITIONAL STRUCTURE THAT YOU'RE LOOKING AT BUILDING GOES FROM ONE SIDE OF THE HOUSE TO THE OTHER. AND WOULDN'T IT JUST WASN'T QUITE AS BIG. IS THAT CORRECT? CORRECT. IF THE INTENT IS TO ALWAYS BUILD IN COMPLIANCE, TWO THINGS WILL HAPPEN. ONE AS YOU CAN SEE, MY PROPERTY, THE REAR PROPERTY LINE IS NOT PERPENDICULAR WITH THE BACK OF THE PROPERTY. BECAUSE OF THE POLYGON SHAPE AND THE ANGLE, IT CREATES A PITCH POINT THAT DOES NOT ALLOW ME TO BUILD ANYTHING AT THAT PART OF THE PROPERTY. THE SECOND IS IF THERE IF EVERYTHING WAS TO BE BUILT AS CODE THIS BOARD WOULD NOT EXIST. THE BOARD IS HERE TO LOOK AT THESE TYPES OF HARDSHIPS, WHICH IS NOTHING THAT I'VE CREATED TO THEN TAKE A LOOK AT WHAT THE INTENTION IS, IS TO IMPROVE THE PROPERTY AND TO IMPROVE THE VALUE AND MY NEIGHBORS, ALL OF THAT TO BE ABLE TO THEN SEEK THIS PARTICULAR TYPE OF VARIANCE APPROVAL. YES, SIR. SO JUST KIND OF LOOKING AT THE BUILD OF THE STRUCTURE, I GUESS. LET'S SAY IT'S NOT APPROVED. WOULD THE HARDSHIP BE THAT IT COULD NOT GET BUILT, OR JUST THAT LITTLE SECTION OF IT WOULD NOT BE ALLOWED TO GET BUILT, AND THE REST OF IT COULD. SO THE PROPERTY OR THE SIZE OF THE PROJECT WOULD NOT BE AVAILABLE TO BE BUILT. ANYTHING THAT'S OVER 400FT² IS STRICT, HAS TO STRICTLY APPLY TO THE SAME BUILD LINE VARIANCE. PHILIP I BELIEVE THERE'S ANOTHER WHICH WILL GIVE KIND OF EVERYBODY A BETTER UNDERSTANDING OF WHAT I'M TRYING TO BUILD. THERE IS AN ADDITIONAL VISUAL RENDERING. YES. AS YOU CAN SEE, THIS IS ALL I'M TRYING TO BUILD AND HOW THAT THAT BUILD LINE CREATES THAT PITCH POINT RIGHT ACROSS THE PROPERTY. THIS IS IT'S NOTHING EGREGIOUS TO MY NEIGHBORS. THEY'VE ALL SIGNED OFF. THEY'VE ALL SEEN THIS. THEY'VE LOOKED AT IT. THIS IS JUST A PITCH POINT BASED ON IF THE HOUSE IF SORRY, IF THE PROPERTY LINE WAS PERPENDICULAR I WOULDN'T HAVE THIS ISSUE. AND I'M NOT LOOKING TO GET TO MOVE THE ENTIRE SETBACK. I'M ONLY LOOKING TO CREATE AN EXCEPTION TO THAT ONE PITCH POINT, WHICH YOU CAN SEE IS CUTTING STRAIGHT THROUGH THE PROPOSED STRUCTURE. I JUST WANT TO PROVIDE A POINT OF CLARIFICATION REGARDING THE SETBACK VARIANCE ITSELF. SETBACKS ARE APPLIED UNIFORMLY ACROSS THE PROPERTY. THERE IS NOT AN OPPORTUNITY TO DO A SPOT VARIANCE. IT WOULD ACTUALLY BE A VARIANCE FOR THE ENTIRE REAR SETBACK. SO LET'S JUST KEEP THAT IN MIND. EVEN THOUGH HE'S ONLY LOOKING FOR THIS ONE CORNER, THE VARIANCE APPLIES ACROSS THE ENTIRE SETBACK. THERE'S NOT AN OPPORTUNITY TO JUST DO A SECTION OF THAT BECAUSE THE VARIANCE RUNS WITH THE LAND. IS IT THE POOL THAT? NO THE POOL IS FINE BECAUSE IT'S NOT ATTACHED, OKAY. IT'S BECAUSE IT'S ATTACHED TO THE PROPERTY WHICH CREATES THAT. IF WE DETACH THAT. LET'S JUST FOR THE SAKE OF SAYING LET'S DETACH IT AND NOT ATTACH. ONE YOU COULD DO THAT WITH A CERTAIN DEGREE OF SEPARATION FROM THE PROPERTY, BUT BECAUSE IT'S STILL OVER 400FT², THE BUILD LINE STILL COMES INTO PLAY. SECONDLY, IF YOU BUILD A DETACHED AND I'M SURE DANNY COULD SPEAK TO THIS AS THE CONTRACTOR, IT CREATES OTHER CHALLENGES TO THE PROPERTY, SUCH AS DRAINAGE OTHER CHALLENGES THAT CREATE. WHAT IS IT STRUCTURAL, LIKE FOUNDATIONAL ISSUES? THIS DOES NOT BECAUSE IT IS CONNECTED TO THE PROPERTY AND ALL OF THE RAIN AND WATER IS THEN ABLE TO BE ROUTED ACCORDINGLY. SO THE BLUE LINE THAT I'M SEEING HERE IS THE? THAT'S THE BUILD LINE. BUILD LINE. SO THAT'S THE WHOLE PATIO SECTION THAT YOU'RE BUILDING IN ADDITION TO THE POOL? YES. CORRECT. AND AS YOU CAN SEE IT, JUST MOVING THINGS AROUND DOESN'T NECESSARILY SUPPORT THE INTENT OF THE STRUCTURE THAT [00:25:07] I'M LOOKING TO PROVIDE. NOT SURE IF THIS IS A QUESTION FOR YOU OR PHILIP. ON THE SIDE SETBACK HOW MUCH ROOM IS THERE BETWEEN THE HOUSE AND THE SIDE SETBACK? SO YOUR SIDE SETBACK IS 10% OF YOUR LOT WIDTH. RIGHT. I'M LOOKING AT IT. I'M LOOKING AT IT HERE ON. THIS SPACE HERE BETWEEN THE HOUSE AND WHAT LOOKS LIKE THE SETBACK. SO. IT LOOKS LIKE MAYBE 5 TO 10FT. YOU KNOW, IT'S IT LOOKS LIKE THERE'S A TEN FOOT SIDE YARD SETBACK THERE. AND THE DISTANCE FROM PROPERTY LINE TO HOUSE UP HERE IS 15FT. WHERE I'M GOING IS COULD THAT COULD THE PORCH BE SHIFTED CLOSER TO THE SIDE SETBACK SO HE CAN RECOVER SOME OF THAT ROOM THAT HE WOULD LOSE IN THE TRIANGLE? YEAH. SO EVERYTHING AS LONG AS IT'S WITHIN THE THE GREEN AREA THERE, IT WOULD BE ALLOWED BY RIGHT WITHIN THE ZONING. BUT WE DON'T REALLY KNOW HOW MUCH ROOM THAT IS BETWEEN THE BLUE LINE AND THE HOUSE. SO IT LOOKS LIKE 15FT HERE TO THE HOUSE AND A TEN FOOT SETBACK. SO YOU'RE TALKING ABOUT FIVE FEET THERE. FIVE FEET SO THAT WOULD RECOVER FIVE FOOT ON THAT SIDE AND STILL KEEP IT COMPLIANT. AM I OFF BASE THERE. NO THAT'S RIGHT. I MEAN ARE WE DEBATING. NO, I'M JUST WE'RE TALKING ALTERNATIVES. WE'RE LOOKING FOR WHETHER THIS MAKES SENSE. OKAY. ANY OTHER QUESTIONS FOR THE APPLICANT AT THIS TIME? I DO NOT. THE VARIANCE REQUEST THAT WE RECEIVED MENTIONS THE ADDITION OF THE PATIO AND A BATHROOM EXTENSION. CORRECT. IS THE BATHROOM A BATHROOM WOULD BE IN? IT'S IN THE VARIANCE. YES. AND THE BATHROOM IS THERE FOR PLUMBING REASONS, FOR A LOT OF OTHER REASONS. ANY REDESIGN OF ANY SORTS WOULD THEN INCREASE COSTS BY ROUGHLY, WHAT, 15 TO $20,000 BECAUSE OF ADDITIONAL LOAD BEARING MATERIALS, THINGS TO THAT NATURE. OKAY. THANK YOU. ARE THERE ANY ADDITIONAL COMMENTS OR PUBLIC COMMENTS. SO MY ONLY OTHER QUESTION FOR NOW IS THE POOL LOOKS LIKE IT'S WELL INTO THE SETBACK. IS THAT NOT CAUSING ANY ISSUES? NO. AGAIN, THE POOL IS NOT A PART OF THE BUILD LINE. CHALLENGE LIKE BASED ON THE CODE. IT'S ONLY THE CONNECTING TO THE MAIN PROPERTY. THAT WOULD BE THE. THAT WOULD BE THAT OKAY. THAT WOULD BE THE ISSUE. A POOL CAN BE ENCROACHING TO A SETBACK. OKAY. ANY MORE COMMENTS OR QUESTIONS FROM ANYONE? JUST THE ONLY COMMENT THAT I HAVE IS AGAIN JUST GOING BASED ON PRECEDENCE OF THE PREVIOUS, WHICH WAS JUST APPROVED THAT HAD A 25 FOOT SETBACK THAT WAS MOVED TO 15FT AS A BLANKET FOR THEIR PROPERTY. AGAIN, I DID NOT READ IN THE CODE ANYWHERE THAT AND I'M NOT SAYING THAT MATT, THAT YOU'RE WRONG HERE. I DID NOT READ IN THE CODE THAT YOU COULDN'T CARVE OUT A PERCENTAGE OR A PORTION OF THAT. BUT AGAIN, I'LL DEFER TO THE EXPERTS IN THIS PARTICULAR POSITION. YEAH. AND JUST TO CLARIFY, IT'S RELATED TO HOW SETBACKS ARE APPLIED ACROSS A LOT. I'D SAY SINCE A VARIANCE WOULD APPLY TO THE LAND AND CARRY WITH THE LAND, HAVING A SPOT VARIANCE ON ONE LITTLE PIECE OF THE LOT DOESN'T MAKE SENSE. THAT'S WHY IT WOULD BE THE ENTIRE SETBACK. OKAY, I WASN'T AWARE OF THAT. I DID NOT FIND THAT IN CODE, SO I APPRECIATE THE CLARITY. OKAY. OKAY. WE NOW OPEN UP TO A PUBLIC HEARING. IS THERE ANY COMMENTS OR ANYTHING FROM THE PUBLIC? WOULD YOU CLARIFY WHAT TIME IT IS THAT YOU OPENED THE PUBLIC HEARING? SIR. WOULD YOU CLARIFY WHAT TIME IT IS THAT YOU OPENED THE PUBLIC HEARING? 7 P.M.. I CAN MAKE A COMMENT REAL QUICK. JUST TO CLARIFY, IF THERE WERE TO BE. [00:30:01] WILL YOU GO TO THE MIC AND YOU NEED TO STATE YOUR NAME, PLEASE? MY NAME IS DANNY TURK. I'M A RESIDENT OF SACHSE AS WELL. JUST TO CLARIFY, IF YOU WERE TO BUILD A FREESTANDING STRUCTURE IN THAT AREA, YOU COULD BUILD ONE RIGHT OFF AN INCH OFF THE HOUSE. ABOUT AN INCH THAT FAR, AND BUILD A STRUCTURE INTO THAT TRIANGLE ZONE THAT WE'RE ASKING FOR. SO GRANTED, THE SQUARE FOOTAGE WOULD HAVE TO BE SMALLER, BUT YOU COULD BUILD A STRUCTURE RIGHT THERE, THE EXACT SAME FOOTPRINT, AS LONG AS IT'S FREESTANDING AND NOT ATTACHED TO THE HOUSE. SO THAT'S JUST ONE THING I WANTED TO MAKE CLEAR. MY INTENT HERE IS TO ORIGINALLY TO UNDERSTAND THE REASON WHY THERE IS A BUILD LINE, REASON WHY THAT THERE IS CITY APPLICABILITY TO THIS. AND AGAIN, JUST MY COMMENT IS THE HARDSHIP IS DUE TO THE ANGLE OF THE PROPERTY, NOT NECESSARILY ANYTHING ELSE BECAUSE MY NEIGHBORS WHO HAVE VERY SIMILAR PROPERTIES DO NOT HAVE THIS DEGREE OF ANGLE, THIS POLYGON SHAPED THAT ALLOWS THEM TO BUILD SOMETHING BY RIGHT WITHOUT ANY CHALLENGES. THIS PARTICULAR SETBACK IN MY MIND DOES CREATE A HARDSHIP DUE TO THE FACT THAT I'M STILL GOING TO BE HELD ACCOUNTABLE TO A BUILD LINE ADJUSTMENT AND THAT THAT PARTICULAR AREA OF THE PROPERTY. AND UNLESS AS DANNY SAID I COULD BUILD A FREESTANDING AND TRY TO CONNECT IT, OR AT LEAST HAVE IT HOVERED OR SOMETHING, THERE'S A WAY TO DO IT, BUT JUST DOESN'T LOOK AS GOOD. AND MY NEIGHBORS PROBABLY WOULD NOT APPRECIATE THAT APPROACH AS MUCH AS THE APPROACH THAT I SHOWED THEM. I SHOWED THEM EVERYTHING. THERE'S AN EXHIBIT IN HERE THAT HAS A PETITION SIGNED BY ALL OF MY NEIGHBORS AS WELL THAT ALSO SHOWCASE THEIR ACCEPTANCE AND THEIR AGREEMENT. AND YOU CAN LOOK THROUGH AND SCROLL DOWN THAT SHOWCASES THAT THEY SAW THE BUILD LINE, THE PROPERTY, WHAT IT WAS INTENDED TO LOOK LIKE EVERYTHING THERE THAT THEY HAVE THAT I'VE PRESENTED YOU GUYS TODAY. OKAY. IT'S 7:03 P.M. AND THE PUBLIC HEARING IS NOW CLOSED. OKAY, I WOULD ENTERTAIN A MOTION TO APPROVE OR DISAPPROVE THIS PETITION. DOES THE BOARD HAVE ANY DISCUSSION? ANY MORE DISCUSSION? IF THERE'S NO OTHER DISCUSSION, THEN I'LL MAKE A MOTION THAT WE DENY THE VARIANCE. WELL, WHAT DID YOU SAY? I SAID I'LL MAKE A MOTION THAT WE DENY THE VARIANCE. ALL IN FAVOR? YOU GOT TO GET A SECOND? YOU NEED A SECOND ON THE MOTION. I'LL SECOND THAT. OKAY. ALL IN FAVOR? RAISE YOUR RIGHT HAND. THIS IS IN FAVOR OF THE DENIAL. DENIAL. AND ALL THOSE OPPOSED? ALL THOSE OPPOSED? ALL THOSE OPPOSED. PLEASE RAISE YOUR RIGHT HAND. JUST CHARLES. YES. OKAY. SO THE RECORD REFLECTS A 4 TO 1 VOTE. IT TAKES 75% OF THE BOARD OR FOUR MEMBERS TO APPROVE THE MOTION. SO THE MOTION IS APPROVED TO DENY THE VARIANCE. OKAY. LAST ITEM IS ADJOURN. OKAY. NOW DO I HAVE A MOTION TO ADJOURN? SURE YOU DON'T NEED YOU DON'T HAVE TO. SECOND. YOU CAN. WE'RE ADJOURNED. ALL RIGHT. AND THAT'S BASED ON THE PRECEDENT THAT WAS PREVIOUSLY SET. CORRECT. * This transcript was compiled from uncorrected Closed Captioning.