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OKAY.[1. Call to order and roll call of members]
SIX O'CLOCK.WELCOME TO THE, UH, CITY OF LEAGUE, CITY ZONING, BOARD OF ADJUSTMENTS, BUILDING A STANDARDS COMMISSION SPECIAL MEETING FOR AUGUST 14TH.
CALLING THE MEETING TO ORDER AT SIX O'CLOCK.
UH, FIRST TIME ON THE AGENDA IS A, A ROLL CALL.
SO WHEN I HEAR, SAY YOUR NAME, JUST, UH, REPLY BY SAYING HERE.
UH, T TAMARA GAN CURRY ABSENT.
UH, DAVE PERSON ALTERNATE HERE IS GOING TO BE ACTIVATED
[2. Approval of February 13, 2025, minutes]
FOR THIS MEETING.APPROVAL OF, UH, THE FEBRUARY 13TH, 2025 MINUTES.
UH, IS THERE ANY QUESTION ABOUT THE MINUTES? WE HAVE A MOTION TO APPROVE.
ALL THOSE OPPOSED? HEARING NONE.
ITEM THREE, CITIZEN COMMUNICATION.
UH, MEMBERS OF THE PUBLIC ARE INVITED TO GIVE COMMENTS AT THIS TIME LASTING NOT LONGER THAN THREE MINUTES.
UH, DO WE HAVE ANY MEMBERS OF THE PUBLIC WHO'D LIKE TO COME SAY ANYTHING, UM, OTHER THAN RELATED TO THE PUBLIC? UH, PUBLIC HEARING COMING UP? OKAY.
[4.A. Hold a public hearing and take action on a Zoning Board of Adjustments Application, VA-25-0008 (406 Coburn St.), a variance request to extend a carport approximately 19.5 feet into a required 25-foot front yard setback for a property zoned “RSF-7” (Residential Single-Family 7) per Table 3.3.2 of the League City Unified Development Code (Chapter 125 of the League City Code of Ordinances), located on approximately 0.92 acres, legally described as Lot 12, Block 3, of the Meadowicke, Section 2 Subdivision, generally located north of 3 rd Street, south of Coryell Street and along the east side of Coburn Street with the address of 406 Coburn Street.]
NONE.WE'LL MOVE ON TO ITEM FOUR, PUBLIC HEARING AND ACTION ITEMS. HOLD A PUBLIC HEARING AND TAKE ACTION ON A ZONING BOARD OF ADJUSTMENTS, APPLICATION VA DASH 25 DASH 0 0 0 8 4 0 6 COBURN STREET.
A VARIANCE REQUEST TO EXTEND A CARPORT APPROXIMATELY 19.5 FEET INTO A REQUIRED 25 FOOT FRONT YARD SETBACK FOR A PROPERTIES ZONED RSF DASH SEVEN RESIDENTIAL SINGLE FAMILY.
THREE 3.3 0.2 OF THE LAKE CITY UNIFIED DEVELOPMENT CODE, CHAPTER 1 25 OF THE LAKE CITY CODE OF ORDINANCES LOCATED ON APPROXIMATELY 0.92 ACRES, LEGALLY DESCRIBED AS LOT, LOT 12 BLOCK THREE OF THE MEADOW WICK SECTION TWO SUBDIVISION.
GENERALLY LOCATED NORTH OF THIRD STREET, SOUTH OF CORELLA STREET, AND ALONG THE EAST SIDE OF COBURN STREET WITH THE ADDRESS OF 4 0 6 COBURN STREET.
CAN WE NOTE FOR THE RECORD, THE START OF THE PUBLIC HEARING? OH, WE'RE GONNA OPEN THE PUBLIC HEARING AT 6 0 2.
FOR THE RECORD, MY NAME IS MARK LIN SCHMIDT, PLANNING MANAGER FOR THE CITY OF LAKE CITY.
THE REQUEST BEFORE YOU TONIGHT IS FOR A CARPORT TO BE PROPOSED, UH, TO BE LOCATED WITHIN A 25 FOOT, UH, 25 FOOT FRONT YARD SETBACK AS ESTABLISHED BY THE UNIFIED DEVELOPMENT CODE OR UDC.
UH, WHAT YOU SEE BEFORE ON THE ZONING MAP, THE PROPERTY IS WITHIN THE MEADOW W SUBDIVISION AT 4 0 6 COBURN.
UM, PROPERTY IS OWNED RSF DASH SEVEN.
UM, AS PART OF WHAT WAS IN YOUR STAFF REPORT, WE DID PROVIDE SOME DEFINITIONS FOR, BASED ON THE UNIFIED DEVELOPMENT CODE, REGARDING WHAT A BUILDING AND OR STRUCTURE WAS WITH REGARDS TO THE SETBACKS.
THE BASIC I INTENT OF A SETBACKS IS THAT WHERE STRUCTURES WOULD NOT BE PERMITTED WITHIN THOSE SETBACKS.
AND THEN HOW, UH, SETBACK LINES AND HOW THOSE MEASUREMENTS ARE APPLIED.
UM, THE REQUEST, UH, HERE'S A COPY OF YOUR, OF THE SURVEY OF THE PROPERTY.
UM, IF YOU'LL SEE HERE ZOOMED IN, WE KIND OF HIGHLIGHTED THE AREA UP FRONT WHERE THE 25 FOOT FRONT YARD SETBACK IS LOCATED IN REFERENCE, AND THE, THE ACTUAL STRUCTURE AS IT IS NOW, WHICH IS THE HOUSE IS LOCATED.
UM, AS IN DISCUSSIONS WITH THE APPLICANT, AT FIRST, THERE WAS A MISCOMMUNICATION WITH REGARDS TO HOW THE CARPORT WAS DESIGNATED AS A STRUCTURE.
UM, SINCE THE CARPORT IS ATTACHED TO THE HOUSE, IT IS NOT CONSIDERED AN ACCESSORY STRUCTURE, BUT IT IS A PART OF THE, OR IT DOES BECOME PART OF THE ORIGINAL STRUCTURE.
UM, SO IT STILL HAS TO MEET THE SETBACK REQUIREMENTS.
HOWEVER, REGARDLESS OF WHETHER IT WOULD BE AN ACCESSORY STRUCTURE OR, OR A STRUCTURE PART OF THE PRIMARY STRUCTURE, IT STILL NEEDS TO MEET THAT SETBACK REQUIREMENT AS ESTABLISHED IN THE UD UNIFIED DEVELOPMENT CODER, UDC.
AGAIN, UH, ADDITIONAL TO THAT, UM, THE PROPERTY, UH, OF THE MEIC SUBDIVISION IN THIS CASE, IT WAS IN THE MEIC SECTION TWO PLAT, WHICH WAS RECORDED IN 1965.
UM, DID ESTABLISH AS WELL A 25 FOOT FRONT SETBACK IN THE RECORDED PLAT.
SO SHOULD THIS REQUEST BE APPROVED, IN ADDITION TO THAT, THE APPLICANT'S WOULD BE REQUIRED TO AMEND THEIR PLAT TO ADJUST THAT FRONT SETBACK LINE AS WELL.
SO, BASED ON STAFF'S FINDINGS, THE CARPORT IS DEFINED AS A STRUCTURE AND, UH, AS
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DEFINED BY THE UUDC, THE CARPORT IS ATTACHED TO THE HOUSE.SO THEREFORE IS BEING PART OF THE PRIMARY STRUCTURE, IT STILL MUST MEET THOSE SETBACK REQUIREMENTS, UM, AS WELL AS THE UDC INDICATES THAT IT CANNOT BE WITHIN THE SETBACKS.
THE SUBDIVISION PLAT DID ESTABLISH THE 25 FOOT SETBACK AS WELL.
AND THEN ALSO ADDITIONALLY, UM, AT THE END OF THE REPORT, WE DID NOTICE THAT BECAUSE OF THE RE THE NATURE OF THE REQUEST, OR THE DEGREE TO WHICH THE REQUEST, THERE IS SOME CONCERNS ABOUT ULTRAS, UH, WITH REGARDS TO THE BOUNDARIES KIND OF ALLOWED WITH WHAT THE BOARD IS CONSIDERED.
IF YOU HAVE ANY QUESTIONS ON THAT, I WOULD SAY, YOU KNOW, WE DO HAVE OUR CITY ATTORNEY HERE.
ADDITIONALLY, UH, THE APPLICANT DID PROVIDE SOME HANDOUTS FOR YOURSELF, UH, AS WELL AS WE DO HAVE, UH, THOSE SLIDES ON THE BOARD.
HE, HE WOULD LIKE TO COME UP AND SAY A FEW WORDS.
AND ALSO WHAT YOU SAW ON, IN FRONT OF YOUR POSITIONS AS WELL IS STAFF DID RECEIVE A, UM, PHONE CALL OF SUPPORT THIS MORNING, AND THERE WAS AN EMAIL PLACED ON YOU NOTING THAT, UM, DESIGNATION FOR SUPPORT AS WELL.
I'M AVAILABLE FOR ANY QUESTIONS OR, OR IF THE CHAIRMAN WOULD, SO, UH, DESIRE WE CAN HAVE THE APPLICANT COME UP AND SPEAK AS WELL.
WE HAVE QUESTIONS FOR, FOR NOW, FOR MORE.
ACTUALLY, I DO CAN'T REMEMBER HOW THIS WORKS THIS WAY, RIGHT? GREEN LIGHT.
I WOULD LIKE TO ADDRESS THE ULTRA VARIS ISSUE FIRST.
UH, 'CAUSE I THINK THE REST OF IT MAY RENDER THIS PROCEEDING MOOT.
SO IF YOU WOULD ADDRESS THAT, I'D APPRECIATE IT.
THERE ARE VARIOUS BOARDS THAT FALL UNDER THE UMBRELLA OF THE JURISDICTION OF THE CITY COUNCIL.
UM, SOME OF THEM ARE ADVISORY NATURE.
SOME ARE CONSIDERED, WHAT'S THE TERM WE CALL QUASI-JUDICIAL.
QUASI-JUDICIAL BOARDS DON'T HAVE, UM, CITY COUNCIL APPROVAL ON THEM.
YOU MAKE A DECISION, AND THAT IS DECISION FOR THE CITY OF LAKE CITY.
THERE IS NO ONE ELSE TO CHECK ON YOU.
THERE IS NO ONE ELSE TO REPEAL YOU.
YOUR DECISION IS CONSIDERED FINAL.
UM, THOSE BOARDS ARE NOT, UM, YOUR AUTHORITY IS USUALLY SET BY A STATUTE.
IN THIS CASE, IF WE HAVE ZONING, WE HAVE TO HAVE BY STATUTE REQUIRED TO HAVE A ZONING BOARD OF ADJUSTMENTS.
ZONING, ZONING, BOARD OF ADJUSTMENTS IS CREATED BECAUSE THE LEGISLATURE KNEW.
THERE ARE SOME INSTANCES WHERE REGULATIONS, UM, YOU KNOW, COMMUNITIES ORGANIC, UM, LAND USE ISSUES ARE ORGANIC.
UM, THERE'S A LOT OF ISSUES THAT WE'RE UNAWARE OF.
SO WE KNOW THAT THERE MAY BE SOME SITUATIONS IN PLACE WHERE THE REGULATIONS DON'T FIT FOR A PARTICULAR SITUATION, AND THROUGH NO FAULT OF THEIR OWN, THROUGH NO FAULT OF THE CONDITION OF THE PROPERTY, IT MAY BE NECESSARY TO PROVIDE SOME LENIENCY AND NOT HAVE STRICT COMPLIANCE WITH OUR ORDINANCES.
OTHERWISE, WE MIGHT HAVE AN UNFAIR RESULT.
AND SO THIS BOARD IS CREATED TO KIND OF HEAR THOSE SITUATIONS.
I WILL SAY THAT THAT IS NOT, UM, A FULL GRANT OF COMPLETE DISCRETION.
YOU ARE STILL BOUND TO KIND OF COMPLY WITH THE CITY'S ORDINANCES, BUT YOU'RE ALLOWED TO NOT BREAK THE RULES, BUT YOU'RE ALLOWED TO BEND THEM.
AND SO THERE'S CERTAIN CRITERIA, AND WE HAVE THAT IN OUR UDC AND STAFF, PROVIDE THAT IN THE REPORT, UM, THAT ALLOWED YOU KIND OF PROVIDE GUIDELINES AND MILESTONES OF WHAT YOU CONSIDER AND WHAT IS APPROPRIATE.
HOWEVER, THERE IS A WORD OF CAUTION.
I WOULD, I WOULD PROVIDE TO YOU THIS PHRASE, ULTRA RES IS CONSIDERED A LEGAL TERM.
WHAT IT MEANS IS BASICALLY ALL OF ALL OF OUR LEGAL TERMS STEM FROM LATIN.
AND WHAT IT MEANS IS, IF YOU'VE EXCEEDED YOUR AUTHORITY, SO WHAT THE COURT'S CAUTION ZONING BOARD ADJUSTMENTS IS IF YOU PROVIDE A VARIANCE THAT IS SO GREAT THAT IT IS TANTAMOUNT TO BASICALLY REPEALING WHAT I MEAN BY REPEALING, THAT MEANS UNDOING THE ACTUAL ORDINANCE ITSELF THAT IT'S BASED ON, THEN THAT IS CONSIDERED OVERREACH BY YOUR BOARD.
YOU'RE ALLOWED TO BEND THE RULES.
YOU'RE NOT ALLOWED TO COMPLETELY BREAK THEM OR DISREGARD THEM.
AND SO I CAN'T PROVIDE YOU A BRIGHT LINE TEST ON WHERE TO DRAW THAT LINE, BUT YOU SHOULD CONSIDER, ESPECIALLY ONCE YOU START GETTING TOWARDS VARIANCES, WHERE THE PERCENTAGE OF CHANGES OR, UM, FORGIVENESS OR VARIANCES THAT THEY'RE ASKING STARTS TO CLIMB UP THERE, YOU START TO GET INTO THAT TERRITORY WHERE IF YOU BASICALLY, IF WE BASICALLY HAVE A RULE THAT SAYS YOU CAN'T DO X AND YOU DISREGARD THAT COMPLETELY AND SAY YOU CAN DO X, THAT COULD, COULD BE CONSIDERED AN ULTRA VERAS ACT.
AND THAT IS OUTSIDE THE SCOPE OF YOUR AUTHORITY.
SO I SAY THAT TO CAUTION YOU, TO ADVISE YOU, BUT UNFORTUNATELY, I'M NOT ABLE TO DRAW A LINE AND TELL YOU DE FACTO IT IS OR IT ISN'T.
IT'S SOMETHING THAT YOU NEED TO CONSIDER.
IS THERE ANY CASE LAW ON THIS MATTER THAT OUGHT TO BE CONSIDERED IN TEXAS? UM, THERE HAS BEEN SOME COURTS, UM, THAT HAVE RULED AS FAR AS COULD I FIND SOMETHING THAT HAS FACTS SCENARIOS RELATED TO CARPORTS? NO, SIR.
NO, I HAVEN'T BEEN ABLE TO FIND IT.
AND, AND WE'RE PROBABLY NOT, NOT GOING TO, PROBABLY NOT.
UM, BUT THERE IS STRUCTURES IN GENERAL.
IT IS, AND I, I SAY THIS TO CAUTION, NOT, NOT TO, I, I'M HERE TO ADVISE YOU TO TELL YOU THE LEGAL, UM, IMPLICATIONS OF THIS.
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IT, IT IS SOMETHING THAT IF YOU ACT OUTSIDE, OUTSIDE THE SCOPE OF WHAT YOU'RE STATUTORILY AUTHORIZED TO DO, THEN YOU'RE GONNA HAVE AUTHORITY.SO THAT'S WHY I WANTED TO BRING THIS TO YOUR ATTENTION, EXPLAIN IT TO YOU, LET YOU KNOW.
AGAIN, YOU CAN BEND THE RULES AS THE SITUATION FAT.
YOU JUST CAN'T BREAK THEM OR JUST COMPLETELY DISREGARD THEM.
UM, WHO WOULD BE LIKELY TO BRING A CHALLENGE TO ANY DETERMINATION MADE BY THIS COMMISSION AS BEING ULTRA VARIOUS? UM, THERE'S A NUMBER OF PARTIES.
UH, THE ONES THAT COME TO MIND.
IF COUNSEL IS SERIOUSLY ENOUGH OFFENDED, THEY COULD CHOOSE TO BRING IN ACTION THEMSELVES, UM, TYPE OF ACTION WOULD BE LIKE A DECLARATORY ACTION OR PERHAPS EVEN AN INJUNCTION.
THEY WOULD COME IN HERE AND ASK THE COURT TO DECLARE THAT THE DECISION THAT WAS RENDERED BY THE ZONING BOARD OF ADJUSTMENTS.
NOW, IS OUR COUNCIL IN THE HABIT OF BRINGING LAWSUITS AGAINST THAT? I, I CAN'T IMAGINE THAT.
BUT AS I SAID, THIS IS A, YOUR, YOUR PARTICULAR BOARD HAS A LOT OF DISCRETION, AND THE WHOLE PURPOSE OF THIS BOARD IS TO GRANT LENIENCY AND GRANT VARIANCES.
AND SO THAT'S THE NATURE OF WHAT YOU DO.
AND EVERY SINGLE CASE IS GONNA ASK THAT YOU DO THAT TO SOME DEGREE.
YOU DON'T GO SO FAR TO DISREGARDING THE ORIGINAL UNDERLYING ORDINANCE THAT YOU BASICALLY REPEAL.
IT IS THAT WE JUST URGE CAUTION.
ANYTHING FURTHER OR DO WE HAVE THE APPLICANT? UH, WHEN YOU, WHEN YOU COME UP, JUST PLEASE STATE YOUR NAME AND, AND ADDRESS FOR THE RECORD.
UH, MY WIFE IS HERE, SARAH LAO.
UH, WE OWN, UH, COMPLETELY AND OUTRIGHT.
SO, UM, WE OWN, UH, 4 0 6 COBURN STREET.
WE WORKED VERY HARD OUR WHOLE LIVES, AND WE FINALLY BOUGHT OUR DREAM HOUSE.
IF YOU LOOK AT 3 0 6, THAT'S THE HOUSE THAT WE WERE RENTING.
UH, SO WE'VE BEEN IN THIS AREA MANY YEARS.
UH, WE SAVED UP FOR IT, UH, CONSTANT DEPLOYMENTS TO THE SOUTH BORDER.
UH, I'M A FEDERAL LAW ENFORCEMENT OFFICER.
WE DO COUNTER SMUGGLING, UH, COUNTER HUMAN TRAFFICKING.
AND I'M GONE FOR ABOUT A MONTH AT A TIME, UH, TAKING THE FIGHT TO THEM DOWN THERE.
UM, AND THAT'S BEEN GOING ON FOR ABOUT 10 YEARS IN OUR LIVES.
SO, IF YOU GUYS LOOK AT THE BACK OF YOUR, OF YOUR PAMPHLET OR YOUR PACKET THAT I WROTE, SORRY, IT'S BEEN A LONG DAY, DIFFICULTIES AND HARDSHIPS.
THE BOARD MAY, AT ITS SOLE DISCRETION, AUTHORIZE A VARIANCE THAT WOULD BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS ORDINANCE.
SUCH DEPARTURE SHALL NOT BE CONSTRUED TO BE A CHARGE OF THIS ORDINANCE.
HOWEVER, A SPIRIT OF THE ORDINANCE SHALL BE OBSERVED, PUBLIC SAFETY, WELFARE SECURED, AND SUBSTANTIAL JUSTICE DONE AS FOLLOWS.
WE ALL AGREE THAT'S WHAT WE WANT.
DOES THIS THING WORK TOO? CAN YOU GUYS HEAR ME? YES.
SO AFTER COMBING THROUGH A LOT OF POLICY AND, UH, MANUALS AND, UH, CITY POLICY, CITY ORDINANCES, UH, IF YOU LOOK AT THE BACK OF YOUR PAMPHLET, UH, ALL PERMANENT RESIDENTIAL STRUCTURES, INCLUDING GARAGE STORAGE, THAT'S POOLS, UH, RELATED, A PERCE, UH, NONE OF THOSE ARE PERS ON A PERCE IS AN EASEMENT.
IT'S, IT'S SOMETHING THAT CANNOT BE MOVED WITH THE HOUSE BECAUSE A CARPORT CAN BE TAKEN DOWN IN THE SAME AMOUNT OF TIME THAT IT CAN BE PUT UP.
SO IT CAN BE TAKEN DOWN AND SOLD, UH, ONCE THE PROPERTY IS SOLD, OR IF THE NEXT GUY WANTS TO, YOU KNOW, HOPEFULLY NOT.
UM, BUT IT SAYS HERE, ALL PERMANENT RESIDENTIAL STRUCTURES.
THERE IS NO DEFINITION FOR RESIDENTIAL STRUCTURES IN THE CITY'S DEFINITIONS.
THERE IS ONLY A DEFINITION FOR STRUCTURES.
UM, MR. UH, MR. MARK HAS BEEN VERY NICE.
UH, HIM AND I HAVE HAD A LOT OF BACK AND FORTH.
THANK YOU, SIR, FOR YOUR PATIENCE.
UH, WE'VE BEEN, I'VE BEEN, YOU KNOW, STRUGGLING A LOT OF WORK, AND ON TOP OF THAT, I'VE BEEN ABLE TO DEAL WITH THIS.
SO IT'S BEEN A PRIVILEGE DEALING WITH YOU GUYS.
IF YOU LOOK AT THE DEFINITION THAT I FOUND ON GOOGLE, A RESIDENTIAL STRUCTURE IS A BUILD IS A BUILDING DESIGNED OR INTENDED FOR HUMAN HABITATION AND COPYING VARIOUS FORMS FROM SINGLE FAMILY HOMES TO MULTIFAMILY DWELLINGS.
OKAY? IT'S ESSENTIALLY A PUBLIC, ESSENTIALLY IT IS A STRUCTURE WHERE PEOPLE LIVE, SLEEP, AND COOK AND EAT.
UH, YOU CAN'T LIVE, SLEEP, COOK, AND EAT IN A CARPORT.
AND THERE ARE SEVERAL EXEMPTIONS FOR, UM, UH, STRUCTURES THAT HAVE TO DEAL WITH PARKING, SUCH AS A DRIVEWAY, WHICH IS WHY YOU DON'T NECESSARILY NEED CERTAIN APPROVALS TO BUILD OR WORK ON A DRIVEWAY.
SO IT'S KIND OF THE SAME THING.
IT KIND OF FLOWS WITH THAT WHOLE DRIVEWAY THING.
UH, YOU'RE NOT GONNA LIVE IN A CARPORT.
OBVIOUSLY, IF I PUT WALLS ON IT AND I RAN POWER AND WATER TO IT, THEN SOMEBODY COULD LIVE IN IT.
IT'D BE FIT FOR HUMAN OCCUPANCY AT THAT TIME.
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SO, UH, THEY, UM, THEY GAVE US A MAP, AS YOU CAN SEE.UH, MS. VILLAREAL, UH, STATED IN HER WRITEUP THAT THERE WAS VERY, VERY FEW CARPORTS IN MY AREA.
I USED THE MAP THAT SHE PROVIDED ME AND FOUND 10 FULL ON FULLY CONSTRUCTED CARPORTS, BRAND NEW IN OUR AREA.
IF YOU LOOK AT THE CIRCLE WITH A DOT ON THE MAPS THAT ARE IN FRONT OF YOU, YOU'LL SEE THAT THOSE ARE UNPERMITTED STRUCTURES.
SO THE CITY'S USING THE WORD STRUCTURE AS ANYTHING.
IT COULD BE A FLAGPOLE, ANYTHING ERECTED, A MAILBOX, ANYTHING, LITERALLY ANYTHING IN YOUR FRONT YARD COULD BE A STRUCTURE.
OKAY? BUT THE CITY'S TERM IS RESIDENTIAL STRUCTURE.
AGAIN, ANYTHING FIT FOR HUMAN OCCUPATION.
LET'S TURN TO, UH, THE FIRST PAGE, PLEASE.
UH, CAN YOU GO BACK, MARK? I'M SORRY.
SO THESE CARPORTS ARE POPPING UP ALL OVER THE NEIGHBORHOOD.
UH, WHAT THEY DO IS THEY BUILD 'EM ON THE WEEKENDS.
UH, WHEN CODE ENFORCEMENT ISN'T WORKING.
I UNDERSTAND OUR CODE ENFORCEMENT IS HEAVILY TAXED, UH, BUT THE CITY, I'M LOOKING AT THE CITY AS A WHOLE, AS A PRIVATE CITIZEN IN MY HOME.
FORGET WHAT I DO FOR A LIVING AS A PRIVATE CITIZEN.
I'M LOOKING AT THE CITY AS A WHOLE OF GOVERNMENT, OKAY? IT'S NOT JUST HOW MANY WORDS YOU PUT ON PAPER.
WHAT ARE THE, WHAT TRENDS, WHAT IS ALLOWED BY THE CITY, WHAT CONTINUES.
SO WHAT THEY DO IS THEY JUST BUILD 'EM ON THE WEEKENDS.
AS YOU CAN SEE, THERE'S CONSTRUCTION MATERIAL, UH, THERE THAT'S LEFT OVER FROM BUILDING IT.
THAT IS AN ABSOLUTELY FRESH CARPORT, BRAND NEW.
UM, I TRY TO INCLUDE THE MOST NEWEST ONES THAT I CAN FIND.
AND THAT IS WITHIN 400 FEET OF MY HOUSE.
I CAN ACTUALLY SEE IT FROM MY FRONT DOOR.
OKAY? UH, YOU'LL SEE THE NEXT ONE.
SO, THAT ONE IS WITHIN 300 FEET OF MY HOUSE.
UH, THAT IS A BRAND NEW CARPORT, BRAND NEW DRIVEWAY.
UH, AGAIN, THEY JUST BUILD 'EM ON THE WEEKENDS.
THE CITY CAN'T REALLY DO ANYTHING, UH, BECAUSE IF THEY DO TAKE 'EM TO COURT, IT CAN BE A BACK AND FORTH LONG LEGAL BATTLE, AND THEY CAN'T DO ANYTHING.
NOW, THE ONLY WAY THE CITY CAN DO SOMETHING, AND THIS IS WHERE IT CREATES THE UNDUE HARDSHIP, IS THAT EVERYBODY ELSE CAN HAVE IT EXCEPT FOR MY FAMILY.
BECAUSE MY FAMILY DECIDED TO DO THE RIGHT THING AND REACH OUT TO THE CITY IN GOOD FAITH AND REQUEST A PERMIT.
SO, NOT ONLY DID I REQUEST A PERMIT, BUT I HIRED A CIVIL ENGINEER TO DESIGN MY CARPORT TO SUSTAIN 150 MILE AN HOUR WINDS, AS YOU CAN SEE IN, DID YOU GIVE, DID YOU GIVE HIM THE, UH, THE ENGINEER DRAWING BOARD? I'M SORRY.
UH, I HIRED A, A CIVIL ENGINEER TO ACTUALLY DESIGN THE THING.
SO I HIRED A CERTIFIED WELDER TO, UH, CONSTRUCT THE PIECES THAT WOULD THEN GO TOGETHER, UH, TO FINISH THE CARPORT OUT.
AND I HAD, I, I OWN ALL THE MATERIALS.
WE SPENT ABOUT $4,000 ON THIS.
ALL THE MATERIALS ARE COLOR MATCHED TO THE HOUSE.
SO IT'S GONNA BE THE NICEST LOOKING CARPORT IN LEAGUE CITY SHOULD YOU ALLOW IT.
UM, IT'S GONNA BE COLOR MATCHES.
IT'S NOT GONNA BE, YOU KNOW, THIS STUFF THAT'S THROWN TOGETHER.
UH, THAT WHO KNOWS IF IT CAN WITHSTAND A STORM OR NOT.
MINE IS GONNA BE TESTED AND APPROVED BY A CIVIL ENGINEER.
OKAY? UM, CAN WE GO TO THE NEXT SLIDE, PLEASE, MARK.
THIS IS WITHIN ABOUT 280 FEET.
SO EVEN CLOSER TO MY HOUSE, FRESH DRIVEWAY, AS YOU CAN SEE, THE POLES ARE IN THE DRIVEWAY.
SO YOU CAN'T, YOU CAN'T BUILD THE CARPORT UNLESS YOU PUT THE CARPORT IN WHILE THE DRIVEWAY'S GETTING MADE.
UM, UNLESS YOU WANNA POUR AROUND IT AND HAVE A SLOPPY JOB, AND THEN IT CRACKS UP AROUND THAT, THAT STANCHION POST, YOU HAVE TO ANCHOR THE STANCHION POSTS THAT PUT THE DRIVEWAY IN.
SO THEREFORE, THAT'S A FRESH DRIVEWAY.
UH, IF YOU GO ON GOOGLE MAPS, YOU CAN ALSO SEE THAT A LOT OF THESE DRIVEWAYS, UH, WEREN'T THERE FIVE YEARS AGO, 10 YEARS AGO.
UH, I THINK IT'S, UH, MS. RIO, CORRECT ME IF I'M WRONG.
UM, THE ZONING HAS BEEN AROUND FOR 26 YEARS.
SO IF THE CARPORT IS OLDER THAN 27 YEARS, THEN IT IS GRANDFATHERED IN, UH, MS. VILLAREAL AND MS. MR. MARK, UH, REFERENCE A LOT OF THE GRANDFATHERING IN, UH, HOWEVER, THE CITY'S UNABLE TO PROVE THAT.
AGAIN, UNLESS YOU REQUEST A PERMIT.
OKAY? AND WE'RE GONNA GO INTO WHAT HAPPENS WHEN YOU DON'T REQUEST A PERMIT.
UH, NEXT SLIDE, PLEASE, MR. MARK, MS. PREVIOUS.
OKAY, SO IF WE ALL LOOK AT OUR, AT OUR SHEETS, YOU'LL SEE THAT THE NEXT ONE ON THAT IS A CARPORT STICKING WELL, WELL OUT INTO CITY RIGHT OF WAY.
UM, YOU KNOW, WE GO OVER SETBACKS AND WHAT WE CAN DO WITH SETBACKS AND STUFF LIKE THAT.
LET'S REMEMBER THAT MY WIFE AND I OWN OUR SETBACK.
WE PAY TAXES ON IT, WE MAINTAIN IT.
AND I'M NOT GONNA CUT IT DOWN 'CAUSE THAT'S A LEAK CITY THING.
YOU KNOW, WE LOVE OUR OAK TREES.
SO, UH, IT'S OUR PROPERTY AND WE WANT TO BUILD INTO IT LEGALLY.
SO THAT'S WHY WE REQUESTED A PERMIT.
HE'S GOT POWER, HE'S GOT WATER.
HE'S GOT AN AIR HOSE RUNNING INTO
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HIS CARPORT, UM, WAY INTO THE SETBACK.MATTER OF FACT, IT COVERS THE WHOLE SETBACK DEEP INTO THE CITY RIGHT OF WAY.
YOU CAN SEE IT PRESSED UP AND TOUCHING A UTILITY POLE.
YOU GUYS SEE THAT? ALRIGHT, LET'S CONTINUE.
UH, DO YOU GUYS SEE THE TENTS, THE HOUSES WITH THE, WITH OR THE HOUSE? WITH THE, UH, WITH THE TENT? CARPORTS? OKAY.
SO THERE, THERE'S A LOT OF THOSE, THERE'S A LOT OF THOSE POPPING UP TOO.
ESPECIALLY IF CODE ENFORCEMENT WILL STOP THEM FROM WORKING DURING A WEEKDAY.
THE WHOLE NEIGHBORHOOD, LEMME TELL YOU, YOU KNOW, WORD SPREADS FAST IN THE NEIGHBORHOOD.
I CAN'T TELL YOU HOW MANY BAD PEOPLE MOVED OUT OF THE NEIGHBORHOOD BECAUSE A FEDERAL LAW ENFORCEMENT OFFICER AND HIS FAMILY, UH, DECIDED TO MOVE IN, YOU KNOW, AND IT, IT JUST, A LOT OF PEOPLE JUST LEFT.
SO, UH, WE GOT A LOT OF GOOD NEIGHBORS NOW, AND WORD TRAVELS FAST.
WE ALL HAVE EACH OTHER'S NUMBERS.
UH, WE MONITOR EVERYTHING THAT HAPPENS.
'CAUSE WE LIKE OUR NEIGHBORHOOD.
IT'S, IT'S AN OLD NEIGHBORHOOD AND IT'S A BEAUTIFUL NEIGHBORHOOD, AND WE WANNA KEEP IT THAT WAY.
SO, UH, YOU'RE SEEING A LOT OF THIS WITH THE TENTS, UH, POPPING UP.
IF, UH, CODE ENFORCEMENT STOPS THEM, UH, DURING A WORKDAY, WHICH THEY DON'T DO ANYMORE, BUT THE ONES THAT HAVE BEEN STOPPED, THEY'RE AFRAID OF NOT BEING ABLE TO GET A PERMIT.
THEY'RE AFRAID OF, YOU KNOW, LIENS AND STUFF LIKE THAT.
BUT SLOWLY BUT SURELY, THERE'S A LOT OF ELDER AND, UM, SENIOR NEIGHBORHOOD MEMBERS THAT ARE TELLING THEM, LAKE CITY WON'T DO ANYTHING.
JUST BUILD YOUR CARPORT ON THE WEEKEND.
UH, IT'S, IT'S NOT GRANDFATHERED IN IF IT'S NOT RECORDED ANYWHERE.
SO THERE'S NO WAY TO TEST THAT.
OKAY? UH, IF YOU LOOK AT THE NEXT ONE, YOU'LL SEE A CARPORT THAT'S BUILT INTO THE ROOF.
NOW, I PUT HERE, THIS IS AN EXAMPLE OF A CARPORT THAT MAY HAVE BEEN BUILT BEFORE 1999.
THOSE ARE THE MATERIALS THAT WERE AVAILABLE AT THE TIME, AND THAT WAS THE STYLE THAT WOULD'VE BEEN USED AT THE TIME.
HOWEVER, UH, THE OLDEST NEIGHBORS THAT WE KNOW, AND MY WIFE AND I GO OUT TO LUNCH WITH, UH, OUR NEIGHBORHOOD'S MOST SENIOR MEMBER.
HE'S HOW OLD? HOW OLD IS HE? HE'S LIKE 90.
AND WE TAKE HIM TO RED RIVER BARBECUE ALL THE TIME, YOU KNOW, JUST TO DO SOMETHING NICE.
UM, HE SAYS THAT THIS HOUSE, HE REMEMBERS THIS HOUSE BEING BUILT.
AND HE SAYS THAT, UH, THE CARPORT IS NO OLDER THAN 10 YEARS.
I MEAN, I CAN'T PROVE IT, BUT THAT'S WHAT HE TELLS ME.
UH, NOW YOU SEE, YOU SEE SOMETHING VERY INTERESTING HERE.
YOU SEE A CARPORT JUST SLAPPED TOGETHER WITH VERY CHEAP MATERIALS.
'CAUSE THAT THING IS GONNA TURN INTO A PARACHUTE IF, UH, IF A WINDSTORM HITS IT, IT'S ALSO MARKED ON THE MAP.
ALL OF THESE ARE MARKED ON THE MAP.
IF A WINDSTORM HITS IT, IT'S GONNA TAKE ALL THAT METAL AND THROW IT ALL OVER THE PLACE.
SO WE GET NASTY WINTER STORMS AROUND HERE.
YOU GUYS KNOW ABOUT, YOU KNOW, ALL THE TREES AND STUFF WHEN THEY START SHEDDING THEIR BRANCHES AND ALL THE DAMAGE THAT WE GET DURING OUR, UH, PRETTY HEAVY WINTER STORMS. SO, UM, THAT'S NOT GOT A PERMIT.
AND I THINK THAT GOT ERECTED WHILE WE WERE LIVING IN LEAGUE CITY, BUT RENTING AT THE TIME.
SO THAT'S WHY YOU GUYS DON'T REALLY KNOW US.
'CAUSE WE'RE NOT, WE WE'RE NOT PROPERTY OWNERS ITSELF, WHICH IS LAST YEAR OR SO.
UH, NEXT PICTURE THERE YOU SEE A, UH, A TENT.
NOW, I, I KIND OF PUT A JOKE IN THERE, YOU KNOW, THE CITY'S PROPOSED ALTERNATIVE.
UH, MARK DID COME BACK WITH A FOUR FOOT CARPORT ALTERNATIVE.
UM, I KNOW WHAT HE WAS, HE'S A NICE GUY AND HE'S REALLY TRYING TO LIKE, KIND OF LIKE MEET ME HALFWAY.
UH, HOWEVER, A FOUR FOOT IS NOT GONNA SHADE OUR VEHICLES, KEEPING OUR VEHICLES LASTING LONGER.
THE THE SUN HITS MY HOUSE DIRECTLY.
I MEAN, IT JUST COMES STRAIGHT AT IT, UH, FROM ABOUT, I'D SAY ABOUT 10 O'CLOCK AND ON.
IT'S GOT NO SHADE FROM ANY TREES.
IT'S GOT NO SHADE FROM ANY BUILDING.
UH, OUR, OUR CARS ARE COMPLETELY PAID OFF.
UH, THEY'RE THE SAME MODEL, BY THE WAY.
AND, UH, THE SUN JUST ABSOLUTELY BAKES 'EM.
SO IT'S TEARING THE PAINT UP, IT'S TEARING THE TIRES UP.
UM, IT'S TEARING A LOT OF THE RUBBER COMPONENTS UP.
AND THEN, UM, MY WIFE AND I WANNA HAVE A KID, UH, NEXT YEAR, AND WE'RE PLANNING THAT.
AND THEN WE ALSO HAVE A 9-YEAR-OLD KID.
AND WHEN SHE GETS IN THE CAR, SHE GETS BURNED BY THE SEATBELT BUCKLE AND THEY GET, YOU KNOW, IT'S HOT, IT'S HOT, IT'S TAKES LIKE, YOU KNOW, 20 MINUTES OF DRIVING AROUND IN ORDER TO FINALLY STOP SWEATING.
SO THAT'S WHY WE WANT THE CARPORT.
YOU'LL SEE ANOTHER FRESH CARPORT.
YOU'LL SEE THE STANCHION FOR THE CARPORT.
THIS IS, THIS IS ONE THAT CAN, CAN TAKE A, A PRETTY HEAVY STORM.
UH, YOU'LL SEE THE STANCHION FOR THE CARPORT RIGHT IN THE MIDDLE OF THE FRESH DRIVEWAY.
AGAIN, THEY HAD TO DO THAT IN CONJUNCTION WITH EACH OTHER.
UH, ALSO ON THE SAME PAGE, YOU'LL SEE A CARPORT WITH A BUNCH OF CARS UNDERNEATH IT.
UH, THAT PARTICULAR CARPORT HAS POWER AND WATER RUNNING TO IT.
MINE IS NOT GONNA HAVE POWER AND WATER.
THE, AND I'M SORRY, I'M JUMPING ALL OVER THE PLACE.
MY WIFE AND I HAVE BEEN UP SINCE FOUR 30 IN THE MORNING.
OKAY? WE WORK BEYOND FULL-TIME.
UM, UH, MARK, YOU SEE THAT THAT IS AN ACCESSORY STRUCTURE AS THE CARPORT IS NOT NECESSARILY TOUCHING THE HOUSE, BUT THEY DON'T HAVE A PERMIT FOR THAT.
[00:25:01]
UH, SO YOU SEE A LOT OF THIS STUFF.AND THEN LET'S GO TO THE LAST, THE LAST HOUSE THERE.
AND FINALLY, THE HOUSE THAT THE CITY HAS A PROBLEM WITH THE MOST.
AS YOU CAN SEE, THE MUNDO HOUSE HAS A MASSIVE FRONT YARD.
I DID NOT MESS WITH THIS IMAGE AT ALL.
THIS IS A ONE-TO-ONE IMAGE FROM MY PHONE, UH, TO YOU, UH, JUST DIRECTLY FROM MY PHONE AS YOU SEE IT, YOU COULD SEE OUR DRIVEWAY IS VERY, VERY LONG.
AND OUR SETBACK, WHICH WE OWN, WE OWN ALL OF THAT, UH, GOES ALL THE WAY BACK.
IT DOES NOT INTERFERE WITH THE CITY AT ALL.
WE CAN USE OUR ENTIRE SETBACK, AND YOU STILL HAVE ANOTHER 30 FEET TO GO.
UH, YOU STILL HAVE ANOTHER 15 FEET OF CITY RIGHT AWAY WITHIN THAT.
SO THE, UH, BUILDING LINE WILL NOT CHANGE AT ALL AT AS FAR AS WHAT PEOPLE WILL SEE FROM THE STREET.
THEY WILL STILL SEE A BUILDING LINE THAT IS IN LINE WITH EVERYTHING ELSE.
UH, THE CARPORTS PEOPLE DON'T LOOK AT CARPORTS AS IT AS IF IT'S IN THE BUILDING LINE, AS THE SPIRIT OF THE, THE ORDINANCE GOES.
YOU KNOW, I'M THE ONLY ONE THAT APPLIED FOR A PERMIT.
I'M THE ONLY ONE THAT GETS DENIED.
YET THE CARPORTS STILL CONTINUE TO POP UP AND THERE IS NOTHING THE CITY CAN DO ABOUT IT.
UH, ON THE LAST PAGE THERE, UH, THAT'S THE STUFF I ALREADY COVERED.
UH, AGAIN, ALL PERMANENT RESIDENTIAL STRUCTURES.
IT IS RESIDENTIAL STRUCTURES THAT ARE NOT ALLOWED TO BE BUILT INTO THE SETBACK.
NOT, NOT JUST A A STRUCTURE, OKAY? A STRUCTURE COULD BE ANYTHING.
I HAVE A FLAGPOLE THAT GOES TOGETHER IN THREE DIFFERENT WAYS.
UH, MY FATHER SENT IT TO ME WHEN WE BOUGHT THE HOUSE AS A HOUSE WARMING GIFT, AND I WANNA PUT IT UP WITH A GIANT AMERICAN FLAG ON IT.
UH, I'M GONNA NEED A PERMIT FOR THAT, UH, ACCORDING TO THIS RULE.
SO, AND I MIGHT GET DENIED THAT BECAUSE IT'S IN THE SETBACK.
SO WHERE DOES THIS END? UM, THERE'S A LOT OF OTHER PICTURES.
IF YOU GUYS WANT MORE, I'M MORE THAN WILLING TO EMAIL THEM OVER TO YOU.
I UNDERSTAND THE, UM, THE CITY EMAILS ONLY TAKES MEGA EIGHT MEGABYTES, SO IT'S PROBABLY GONNA BE LIKE A LOT OF, A LOT OF EMAILS AND STUFF LIKE THAT.
UH, I'D LIKE MY, MY WIFE TO COME UP AND JUST SAY A FEW THINGS AND THEN I'LL CLOSE OUT.
UH, JUST DOING THE BEST I CAN.
UH, JUST WANTED TO SAY A FEW THINGS.
THANK YOU SO MUCH FOR BEING HERE TONIGHT, AND THANK YOU FOR YOUR TIME.
UM, WE ARE HERE AFTER A DENIED PERMIT.
UM, WE'RE HERE TO SEEK A VARIANCE.
UM, WE DO BELIEVE THAT, UH, WE HAVE SHOWN THAT A PROVISION OF THE REGULATIONS WOULD CAUSE PRACTICAL DIFFICULTIES, UNNECESSARY HARDSHIPS AND RESULTS.
RESULTS ARE INCONSISTENT WITH THE GENERAL PURPOSE OF THIS ORDINANCE.
UM, THANK YOU AGAIN FOR YOUR TIME.
UM, YOU KNOW, WE LOVE LEAGUE CITY.
UM, WE'RE EXCITED TO GROW OUR FAMILY HERE.
UM, AND WE'RE REALLY EXCITED TO BUILD A CARPORT AND WE HOPE THAT YOU WILL APPROVE IT.
ALRIGHT, SO, UM, I KNOW THERE'S SOME CONCERNS WITH, UH, THE GROSS, WHAT IS IT CALLED? THE, THE, THE, THE, I DON'T KNOW, GROSS DEVIANCE TO THE PLANNING THING.
I'M NOT TAKING MY HOUSE LIFTING IT AND TURNING IT SIDEWAYS.
ALL WE'RE DOING IS ADDING A SHADE.
ALSO, I WANTED TO BRING UP THE MANY LOOPHOLES THAT THAT CAN BE PUT INTO PLACE, WHICH WOULD BE MORE UNSIGHTLY FOR OUR CITY.
THEY GOT THIS THING CALLED A SOLAR SAIL, WHICH GOES WITH THREE DIFFERENT POLES.
AND IF FLAG POLES ARE OKAY, THEN I GUESS I COULD PUT AS MANY AS I WANT.
UH, WE PUT THESE FLAG POLES UP, AND THEN IT'S JUST THIS, THAT GIGANTIC PIECE OF FABRIC.
UH, THERE'S THAT ALSO, IF, UM, IF I ATTACH A PIN SYSTEM, A SYSTEM OF PINS TO ANCHOR THEM INTO THE ANCHORAGES THEMSELVES, UM, AND THEN I PUT BICYCLE TIRES ON EACH ONE OF THE STANCHIONS, IT BECOMES A VEHICLE AND THEREFORE UNREGULATED.
THESE ARE ALL THINGS THAT BECOME VERY UNSIGHTLY FOR THE CITY.
WHAT WHAT I'M TRYING TO DO HERE, NOT ONLY FOR ME, IS I WANT TO BEAUTIFY MY NEIGHBORHOOD BY ALLOWING OUR CITIZENS TO HAVE A PROCESS FOR, FOR IMPROVING THE HOUSES THAT THEY OWN, ESPECIALLY IN MY CIRCUMSTANCE WHERE MY WIFE AND I HAVE PAID OFF OUR HOUSE.
AND, UM, WHICH WE'RE VERY PROUD OF, BY THE WAY.
AND IT'S A, IT'S A FOUR BEDROOM TOO.
SO WE HAVE ROOM FOR MORE KIDS.
UM, THERE, THERE'S SO MANY LOOPHOLES THAT CAN BE BROUGHT INTO THIS, AND I, I REALLY JUST THINK THAT IT WOULD BE MORE BENEFICIAL TO HAVE A PERMITTING PROCESS THAT ALLOWS CITIZENS TO ACTUALLY BUILD INTO AN OWN SETBACK.
[00:30:01]
TO A LOT OF THE OLDER CITIZENS IN THE AREA AS WELL.I KNOW THERE'S A LOT TO COVER HERE.
UH, BUT THIS HAS GONE ON FOR MONTHS.
UH, THE ORIGINAL SETBACK, THE REASON WHY THAT WAS THERE IS BECAUSE UTILITIES USED TO RUN THROUGH THE FRONT.
UM, IF YOU CAN GO TO THE FRONT OF MY HOUSE, OR YOU GUYS CAN LOOK AT YOUR, YOUR THING OR THE FRONT OF ANY ONE OF THOSE HOUSES, YOU'LL SEE THAT, UM, SOME ON THIRD STREET, ESPECIALLY ON THE ONE IN FRONT OF THIRD STREET, UH, YOU'LL SEE OR, OR THIRD STREET OR CORELLE.
UH, BOTH OF THOSE STREETS, UH, HAVE GAS LINES RUNNING IN THE FRONT YARD.
THEY ALSO HAVE POWER LINES RUNNING THROUGH THE FRONT YARD.
MY HOUSE ALREADY HAS A FOUR FOOT EASEMENT AND A 25 FOOT AERIAL EASEMENT IN THE BACKYARD FOR UTILITIES TO RUN THROUGH.
SO THE CITY HAS PUT AN EASEMENT ON THE BACK OF MY PROPERTY, OKAY? AND NOW TELLING ME THAT THE FRONT OF MY PROPERTY IS OFF LIMITS, ESPECIALLY TO SUCH A TINY THING LIKE A CARPORT.
UH, FURTHERMORE WHERE I GO WITH THIS, OH, UH, FURTHERMORE I NEEDED THREE DIFFERENT APPROVALS IN ORDER TO GET THIS PERMIT.
ONE WAS THE BUILDING APPROVAL, THE BUILDING PERMIT APPROVAL.
UH, LAUREN ATKINS, I THINK WAS HER NAME.
AND, UM, MR. BLANCO, I TALKED WITH THEM EXTENSIVELY.
UH, ONCE I SHOWED 'EM THE DES THE DESIGN, THEY APPROVED IT IMMEDIATELY.
UH, MARGARET, I FORGOT HER LAST NAME, UH, IN FLOOD WATER.
I NEEDED HER APPROVAL AS WELL.
I WENT THROUGH AND GOT ALL THE FLOOD WATER AND ALL THE DRAINAGE INFORMATION THAT I POSSIBLY COULD FROM FEMA, TYA, EVERYTHING, EVERYTHING APPROVED, SENT IT TO HER.
IT WAS GREEN ON BOTH OF THOSE THINGS.
THE ONLY THING THAT WE'VE BEEN GOING BACK AND FORTH ON IS ZONING.
I'VE SATISFIED EVERY OTHER LEGAL REQUIREMENT.
IT'S GONNA BE THE NICEST LOOKING CARPORT IN LAKE CITY.
NEW SUBDIVISIONS ARE BEING BUILT WITH CARPORTS BECAUSE THE TEXAS SUN IS HOT.
UM, DID YOU HAVE A D DO YOU HAVE A PREFERENCE AS TO WHETHER OR NOT PEOPLE CAN ASK YOU QUESTIONS? OH, YES.
I, AT THIS POINT WE'RE REHASHING STUFF, SO YEAH.
HAVE WE GOT QUESTIONS FOR THE APPLICANT OR THE CITY? OKAY.
UM, SO BEFORE WE HAVE DISCUSSION, WE NEED TO HAVE A MOTION.
UH, TYPICALLY WE WANNA MAKE A MOTION IN THE AFFIRMATIVE.
SO WE NEED A MOTION TO APPROVE AND A SECOND, AND THEN WE CAN DISCUSS AND VOTE.
I'LL MAKE THE MOTION TO APPROVE MR. RUSSELL MOTIONS.
DO WE HAVE ANY, ANYTHING WE WANT TO TALK ABOUT HERE? EXCUSE ME.
UM, LOOKING AT THE REQUEST, AND I DO APPRECIATE MR. LAO'S HARD WORK ON THIS AND THE PLIGHT THAT HE FINDS HIMSELF IN.
BUT JUST LOOKING AT THE, THE STATUTE AND THE EXTENT TO WHICH WE'RE BEING ASKED TO ALLOW, UH, VARIANCE FROM THE STATUTE.
WE'RE TALKING 78%, I THINK IS ENOUGH TO OBVIATE THE STATUTE.
AND, YOU KNOW, WE TALK ABOUT ORIGINAL REASON FOR SETBACKS AND ALL OF THAT, THE APPROPRIATE PARTY TO ADDRESS THIS AS COUNSEL.
AND SO I'LL PUT THAT OUT THERE FOR DISCUSSION.
UM, I TEND TO AGREE, UM, I I DEAL WITH SETBACKS AND VARIANCES AND, YOU KNOW, ORDINANCES EVERY DAY OF MY LIFE, BASICALLY AS AN ARCHITECT.
SO I'M VERY FAMILIAR WITH THE NEED FOR AND THE REASONS FOR SETBACKS, UM, ESPECIALLY WHEN SETBACKS ARE OBVIOUS.
AND ON THE, ON THE, THE, THE PLAT DRAWINGS THAT ARE AVAILABLE.
ALSO ON THE PERMITTING SIDE OF THINGS.
ALL THESE OTHER, ALL THESE OTHER CARPORTS, WHILE IT'S, I MEAN, THERE'S A LOT OF WORK DONE HERE TO, TO FIND THESE.
UM, NONE OF THAT MAKES A VARIANCE REQUEST, UH, PROCESS ANY DIFFERENT FOR ANY OF THOSE PEOPLE.
THEY JUST HAPPEN TO DO IT WITHOUT GETTING APPROVAL.
UM, THAT DOES NOT MAKE THIS PROCESS ANY DIFFERENT AREA, ANY MORE ONEROUS THAN, THAN IT, UH, IS FOR ANYBODY ELSE.
I HAVE A SETBACK IN MY OWN HOUSE THAT COMES RIGHT TO THE FACE OF THE HOUSE.
I CANNOT BUILD INTO THAT SETBACK.
THAT'S JUST WHAT, WHAT THAT, WHAT THAT MEANS.
[00:35:01]
ALL OF THOSE PEOPLE THAT HAVE BUILT THOSE CARPORTS SHOULD COME TO PERMIT.AND THEY WOULD HAVE FOUND OUT THAT THEY HAVE A SETBACK REQUIREMENT BY COMING TO A PERMIT, GOING THROUGH THE PERMIT PROCESS.
THEY WOULD'VE BEEN TOLD, YOU HAVE A SETBACK RIGHT HERE.
THE ZONING, YOU COULD APPROVE THE STRUCTURE, YOU COULD APPROVE THE FLOOD, YOU COULD APPROVE ALL OF THAT.
'CAUSE THEY'RE NOT CONCERNED WITH THE ZONING.
THE ZONING IS WHAT'S CONCERNING THE SETBACKS.
AND SO THAT'S WHERE THAT, WHERE I, I'D SORT OF LAND ON THAT.
UM, AND TO, UM, TO MR. UM, TO MR. KLEIN'S POINT, WHEN, WHEN WE'RE ASKED TO DO THINGS THAT ARE, THAT ARE THIS FAR OVER THE, THE, UH, THE RULES, IT MAKES IT, IT, IT HAS A CHANCE OF, OF IT HAS A CHANCE OF TURNING THOSE RULES, UH, OR MAKING THOSE RULES MOOT.
UM, AND WE, THAT'S JUST NOT OUR ROLE HERE.
WE'RE NOT HERE LEGISLATING, UM, WE'RE HERE MAKING, MAKING DETERMINATIONS BASED ON THE FACTS.
SO, UM, I JUST WANTED TO PUT THAT OUT THERE.
UM, I, I UNDERSTAND WHERE YOU MIGHT BE COMING FROM HERE.
UM, THE RULES ARE KIND OF ALREADY MOOT.
THE, THE CARPORTS ARE GOING UP AND NOTHING CAN HAPPEN WITH THAT.
UM, AND THEN OF COURSE, IT, IT, THE ORDINANCE DOES SAY RESIDENTIAL STRUCTURES, THE 78% ENCROACHMENT.
CAN YOU LOOK AT THAT, AT THAT PIECE OF PAPER RIGHT THERE? UH, THE BIG, THE BIG PICTURE OF MY HOUSE.
THE CARPORT GOING OUT, NOT EXTENDING BEYOND THAT TREE.
YOU SEE THAT TREE? NOW I UNDERSTAND IT'S NOT A, IT'S NOT A MEASURE OF DISTANCE THAT'S EXACT.
BUT YOU SEE THAT TREE, IT'S NOT GONNA GO PAST THAT TREE.
I I'M JUST, WE'RE WE'RE HAVING DISCUSSION HERE AND WHAT YOU'RE HEARING FROM, FROM ME, AND HOW IS, HOW IS THAT 78% WHAT YOU'RE HEARING? IT'S 78% BECAUSE IT'S 19 FEET INTO A 25 FOOT.
THAT'S THE, THAT'S THE NUMBER 25 FOOT OF OWNED PROPERTY THAT I PAY TAXES ON.
AND I'D JUST LIKE TO SAY I LIVE IN THIS PART OF TOWN TOO.
UM, AND FOR ME, IN MY NEIGHBORHOOD, ZONING IS THE ONLY PROTECTION WE HAVE.
UM, YOU KNOW, THE CITY ENFORCING ZONING IS VERY IMPORTANT IN THIS PART OF TOWN.
AND I LOOK AT IT WITH 19 AND A HALF FEET INTO 25 FOOT SETBACK.
THAT'S SETTING NEW LEGISLATION.
UM, AS FAR AS LIKE HARDSHIP, UM, WE'VE DONE IT WHERE A PIECE OF PROPERTY IN THIS PART OF TOWN, THEY GET KIND OF CRAZY.
UM, AND MAYBE, UM, THE ONE I'M THINKING OF, THE CARPORT WAS IN FRONT OF THE HOUSE BECAUSE THE HOUSE WAS BUILT WITHIN 10 FEET OF THE BACK, WHICH IS OPPOSITE OF, BUT IT'S A FUNNY PIECE OF PROPERTY.
YOUR NEIGHBORHOOD IS REALLY A BEAUTIFUL EXAMPLE OF MID-CENTURY HOUSES, AND THE 25 FOOT SETBACK ADDS A LOT TO THE CHARM OF THIS NEIGHBORHOOD.
I, I PERSONALLY JUST THINK THAT 19 AND A HALF OUTTA 25 FEET IS WAY BEYOND OUR SCOPE HERE.
WHAT WOULD BE ACCEPTABLE? UM, NOTHING.
WELL, LIKE THEY SAID, BENDING THE RULE A TINY MM-HMM
THAT'S PROBABLY NOT A TECHNICAL TERM, BUT
AND THAT'S SOMETHING THE CITY NEEDS TO DEAL WITH.
UM, I THINK THERE WAS A REASON THEY SET THE, THE 25 FOOT SETBACK.
AND IT DOES ADD A LOT TO THE NEIGHBORHOOD.
AND THERE'S ALWAYS PEOPLE THAT DON'T DO THE RIGHT THING LIKE YOU, UNFORTUNATELY.
WE'VE GOT ANY MORE DISCUSSION.
AND FOR THE RECORD, I THINK WE CLOSED THE PUBLIC HEARING.
UM, OR DID IT CLOSE? UH, MR. CHAIRMAN, UM, AT 6 34.
UM, THERE'S NO FURTHER DISCUSSION.
AND REMEMBER, THE, THE MOTION IS TO APPROVE, UH, THE VARIANCE.
SO, UM, ALL THOSE IN FAVOR OF APPROVING SIGNIFY BY SAYING AYE.
THE REST, THE, THE, THE MOTION IS DENIED UNANIMOUSLY.
WE'LL ADJOURN THE MEETING AT 6 39.