[1. CALL TO ORDER]
[00:00:06]
EVENING. I'D LIKE TO CALL TO ORDER THE MEETING OF THE NORTH LAKE BOARD OF ADJUSTMENT FOR OCTOBER 7TH, 2025. THE TIME IS 5:31 P.M. FIRST ON OUR AGENDA IS PUBLIC INPUT. THIS ITEM IS AVAILABLE FOR CITIZENS TO ADDRESS THE BOARD OF ADJUSTMENTS ON ANY ISSUES THAT ARE NOT THE SUBJECT OF A PUBLIC HEARING. DO WE HAVE ANYONE WHO WOULD LIKE TO ADDRESS THE BOARD? SEEING NO ONE COMING FORWARD WILL CLOSE THE PUBLIC INPUT PORTION AND MOVE TO THE NEXT
[3.A. Briefing - Board of Adjustment (BOA) to act as Building and Standards Commission]
ITEM. ITEM THREE IS ANNOUNCEMENTS. WE'RE GOING TO START WITH A, WHICH IS BRIEFING.ALL RIGHT. WELL ENDED UP BEING GOOD TIMING THAT WE HAD AN ITEM. SO WE NEEDED TO TO HAVE THIS MEETING BECAUSE WE'RE ABLE TO PRESENT TO YOU THIS ORDINANCE THAT'S IN THE WORKS AND WILL BE GOING TO THE PLANNING AND ZONING COMMISSION IN A COUPLE OF WEEKS, AND THEN TO TOWN COUNCIL, AND IT WILL AFFECT YOUR BOARD AND AND GIVE YOU SOME ADDITIONAL POWERS AND SOME, SOME THINGS THAT YOU CAN DO. SO BASICALLY, IN SUMMARY, THIS ORDINANCE IS PROPOSED TO CREATE A BUILDING AND STANDARDS COMMISSION. THIS IS ALLOWED BY STATE LAW. AND IT WOULD DESIGNATE THE BOARD OF ADJUSTMENT TO SERVE IN THAT ROLE INSTEAD OF HAVING A SEPARATE COMMISSION FOR THAT, BECAUSE WE EXPECT THAT THESE THE NEED FOR IT IS GOING TO BE FEW AND FAR BETWEEN. BUT WE WANT TO BE PREPARED FOR WHEN WE DO NEED IT. AND IT KIND OF FITS IN WITH SOME OF THE THE ROLES AND DUTIES OF THE BOARD OF ADJUSTMENT. SO THIS THIS ORDINANCE IS TO BE CONSIDERED AT THE OCTOBER 21ST PNC MEETING. AND THEN I'LL GO ON TO THEY'LL MAKE A RECOMMENDATION ON IT THERE BECAUSE IT AMENDS A SECTION OF THE UNIFIED DEVELOPMENT CODE, WHICH, WHICH IDENTIFIES WHAT THE BOARD OF ADJUSTMENT DOES. AND THEN IT'LL GO ON TO THE NOVEMBER 13TH TOWN COUNCIL MEETING, WHERE THEY'LL HAVE A CHANCE TO APPROVE THE ORDINANCE. AND JUST TO GO OVER BRIEFLY, WHAT'S IN THAT ORDINANCE? IT EXPANDS THE POWER OF THE BOARD OF ADJUSTMENT TO HEAR CASES ON VIOLATIONS OF HEALTH AND SAFETY ORDINANCES, AND SPECIFICALLY DANGEROUS AND SUBSTANDARD BUILDINGS OR STRUCTURES. SO WE'RE FORTUNATE THAT MOST OF WHAT WE HAVE IS VERY NEW AND UP TO CODE. SO WE EXPECT THIS TO BE UTILIZED VERY LITTLE AND HOPE THAT THAT'S THE CASE. THIS AMENDS ARTICLE 4.04 OF OUR CODE OF ORDINANCES TITLED DANGEROUS BUILDINGS. IT GIVES AUTHORITY FOR INSPECTIONS, ENTRY AND ENFORCEMENT BY THE BUILDING OFFICIAL. IT'S PROVIDES PROCEDURES FOR DECLARING STRUCTURES AS PUBLIC NUISANCES AND REQUIRING REPAIRS, DEMOLITION OR ABATEMENT, AND CONDITIONS DEFINING SUBSTANDARD BUILDINGS PROVIDES FOR A PUBLIC HEARING PROCESS, INCLUDING NOTICE REQUIREMENTS WHEN ITEMS WOULD WOULD COME BEFORE THE BOARD OF ADJUSTMENTS. WHEN YOU'RE SERVING AS THIS COMMISSION, AND IT GRANTS AUTHORITY TO ISSUE ORDERS TO EITHER REPAIR OR TO VACATE BUILDING TO SECURE IT, DEMOLISH IT, AND RELOCATE ANY OCCUPANTS, AND TO POTENTIALLY ASSESS PENALTIES. SO FINALLY, THE REASON WHEN I DO THIS IS IT PROVIDES SOME ENFORCEMENT TOOLS WHEN THE NEED ARISES. AND THERE HAS BEEN A CASE THAT WE'RE WORKING THROUGH, HOPEFULLY WE'RE ABLE TO REMEDY IT BEFORE HAVING TO GO THROUGH THIS PROCESS. BUT AS WE ARE WORKING THROUGH THIS NOTICE, WE NEEDED TO TIGHTEN UP SOME OF OUR STANDARDS AND SPECIFY WHO SERVES IN THIS BOARD POSITION. BUT THESE ENFORCEMENT TOOLS INCLUDE SOME CIVIL PENALTIES THAT WOULD BE RECOVERABLE IN DISTRICT COURT, CRIMINAL PENALTIES FOR VIOLATIONS. THESE ARE MISDEMEANOR OFFENSES THAT WOULD HAVE FINES TIED TO THEM, AND THEN AUTHORITY FOR THE TOWN TO ABATE, REPAIR, VACATE OR DEMOLISH UNSAFE STRUCTURES AND AND THEN ASSESS THE COST FOR ANY THE WORK THAT HAD TO BE DONE BY THE TOWN. ASSESS THOSE COSTS THROUGH LIENS ON THE
[00:05:07]
PROPERTY. AND IF IT'S AN EMERGENCY SITUATION, IF THERE'S IMMINENT DANGER, IT PROVIDES FOR IMMEDIATE ACTION IN THOSE CASES. SO THERE'S NOTHING FOR YOU TO ACT ON TONIGHT.HOPEFULLY THEY THEY WON'T BE ANYTHING TO TO ACT ON ANYTIME SOON ON THIS. BUT I JUST WANTED TO MAKE YOU AWARE THAT THIS ORDINANCE IS IN THE WORKS. AND WE'LL GIVE YOU SOME SOME MORE THINGS TO POTENTIALLY DO. ANYBODY HAVE ANY QUESTIONS? NATHAN, YOUR YOUR PERSONAL OPINION IS THAT THIS FITS BETTER UNDER BOARD OF ADJUSTMENTS THAN THE ZONING, PLANNING AND ZONING COMMISSION. I MEAN, DOES THAT SEEM TO BE MORE LOGICAL? YES. AND WE'RE WORKING WITH OUR ATTORNEYS. THEY AGREED BECAUSE THE BOARD OF ADJUSTMENT IS SORT OF A SEMI JUDICIAL TYPE TYPE BOARD. YEAH. OKAY. GOOD QUESTION. SO IS THE POWER THE SAME SO THAT THE ONLY APPEAL IS TO THE DISTRICT COURT IF WE MAKE A DECISION ON THAT OR IS THAT DIFFERENT THAT I BELIEVE THAT'S THE SAME. OKAY. YEAH.
THERE ARE NO FURTHER QUESTIONS. WE CAN MOVE ON TO THE ACTION ITEMS. SO THE FIRST
[4.A. Consider approval of meeting minutes for August 5, 2025]
ACTION ITEM IS APPROVAL OF MINUTES FROM AUGUST 5TH, 2025 MEETING. ARE THERE ANY CORRECTIONS OR CHANGES TO THE MINUTES AS PRESENTED? I'LL MAKE A MOTION TO APPROVE AS PRESENTED. I'LL SECOND THAT. OKAY. ALL IN FAVOR? AYE. THE NEXT ITEM, ACTION ITEM, IS A[4.B. Consider a request for a variance to the 15-foot side yard setback for an accessory structure to be constructed 10 feet from the side property line on an approximately 1-acre lot, being Lot 4, Block C, Stardust Ranch Phase 2, at 3701 Ridge Point Drive, and zoned Rural Residential Planned Development (RR-PD). Case # 25-VBOA00004]
VARIANCE REQUEST. CONSIDER A REQUEST FOR A VARIANCE TO THE 15 FOOT SIDE YARD SETBACK FOR AN ACCESSORY STRUCTURE FOR STARDUST RANCH. PHASE TWO. ALL RIGHT. THIS IS A VARIANCE REQUEST. FOR BUILDING THIS. PROPOSED TO BE BUILT AT 3701 RIDGE POINT DRIVE. THIS IS A ONE ACRE LOT IN THE STARDUST RANCH SUBDIVISION. CARRIE SCHRADER IS THE OWNER APPLICANT AND IS HERE, AND I'LL INVITE HIM UP IN A MINUTE. BUT I'LL JUST GIVE YOU A QUICK OVERVIEW OF THE REQUEST. HERE'S THE THE LOCATION OF THE PROPERTY. IT'S ON THE THE EDGE OF STARDUST RANCH, WHICH HAPPENS TO BE THE EDGE OF NORTH LAKE AS WELL. THE. THIS BACKS UP TO YARBROUGH. WAY, WHICH AND THEN ACROSS THE STREET IS ROPES AND RANCH, WHICH IS IN THE CITY OF DENTON.HERE'S A CLOSER LOOK AT THE PROPERTY. SO THE OWNER PROPOSES TO CONSTRUCT AN ACCESSORY BUILDING ON THE PROPERTY. THAT'S WOULD BE A NEW STRUCTURE, 40 BY 40 TOTAL AND USED FOR A SHOP AND A AND TRUCK AND BOAT STORAGE. YES, SIR. THANK YOU. ALL RIGHT. YEAH, YEAH. WE WANT YOU TO BE ABLE TO SEE ALL OF THIS. OH. WHAT HAPPENED? WHAT DID I DO? OH, THERE IT IS. OKAY, OKAY, OKAY. YEAH. OKAY. SO THE PROPOSED LOCATION IS TEN FEET FROM THE SIDE PROPERTY LINE.
THE UDC STATES THAT ACCESSORY STRUCTURES SHALL MEET THE SETBACK REQUIREMENTS OF THE ZONING DISTRICT. AND THIS ZONING IS RURAL ESTATE PLAN DEVELOPMENT. THERE'S A SPECIAL PLAN DEVELOPMENT ZONING DISTRICT THAT COVERS STARDUST RANCH, AND IT REQUIRES A MINIMUM SIDE YARD SETBACK OF 15FT. THE TYPICAL, THOUGH FOR THE RURAL ESTATE. ONE ACRE LOT SUBDIVISION IS TEN FEET. THAT'S THE TYPICAL REQUIREMENT IN THE UDC. SO THE STARDUST RANCH RULES REQUIRE A LITTLE BIT MORE. THE VARIANCE REQUEST IS TO REDUCE THAT SIDE YARD SETBACK
[00:10:06]
AS REQUIRED IN THE STARDUST RANCH PLAN DEVELOPMENT ZONING FROM 15FT TO 10FT. SO I'LL HERE'S A PICTURE OF WHERE THE BUILDING IS APPROXIMATELY PLANNED TO BE LOCATED, AND A DRAWING OF WHERE IT IS. ONE THING YOU'LL NOTICE ON HERE IS THAT THE BUILDING ON THE PROPERTY TO THE SOUTH, THE NEIGHBORING PROPERTY IS ACTUALLY SET BACK JUST TEN FEET FROM THE PROPERTY LINE AS WELL. IT RECEIVED A VARIANCE FROM THE HOA. BUT DID NOT RECEIVE A VARIANCE FROM THE TOWN. THIS WAS ONE OF THE FEW MISTAKES THAT WE MAKE. WE AREN'T PERFECT HERE, BUT WE WE DID APPROVE THIS PERMIT AT TEN FEET INSTEAD OF THE THE 15FT. SO THIS IS ONE OF THE, I THINK THE EARLIER BUILDINGS THAT WAS BUILT IN THIS SUBDIVISION. AND LIKE I SAID, ALL THE OTHER ONE ACRE LOT SUBDIVISIONS HAD TEN FEET SETBACKS. SO THAT ONE JUST GOT MISSED. HERE'S A LOOK AT WHAT THE BUILDING IS PLANNED TO LOOK LIKE. AND THIS BUILDING LOCATION HAS A RECEIVED APPROVAL FROM THE HOA. IT WAS A VARIANCE APPROVED BY THE WAY.THERE'S A COPY OF THAT LETTER. SO AS YOU KNOW, THE BOARD OF ADJUSTMENTS HAS AUTHORITY TO GRANT VARIANCES FROM CERTAIN REGULATIONS OF THE UNIFIED DEVELOPMENT CODE. AND WHEN YOU EXERCISE THAT POWER TO GRANT A VARIANCE, YOU NEED TO MAKE FINDINGS ON THESE FOUR ITEMS LISTED BEFORE YOU. SO THEY'RE ALSO IN YOUR PACKET. BUT AT THIS POINT I'LL TURN IT OVER TO THE APPLICANT. AND HE'LL KIND OF EXPLAIN WHY HE'S REQUESTING THIS. AND CAN I ASK A QUESTION.
SOME OF THESE FINDINGS A QUESTION. FIRST, WHY DID THEY GO 15FT? WHY DID WHOEVER FOR THE ZONING. YEAH, ZONING. SO OFTENTIMES WHEN YOU ADOPT A PLAN DEVELOPMENT THERE'S SOME GIVE AND TAKE IN THOSE. AND A LOT OF TIMES THEY'LL GO OVER AND ABOVE ON THE THE REQUIREMENTS. SO THAT WAS ONE OF THE CHOICES TO MAKE GREATER SETBACK REQUIREMENTS. SO BUT WE THE TOWN DIDN'T PROPOSE IT. IT'S USUALLY THOSE PLANNED DEVELOPMENTS ARE PROPOSED BY THE DEVELOPER. SO THEY INCLUDED IT IN THEIR REQUEST. GOOD EVENING. I'M SORRY I DIDN'T MAKE MORE COPIES OF THIS, BUT HERE'S AN ORDER. THAT'S WHAT IT WOULD LOOK LIKE. AND AND I TOOK THREE PICTURES OF THE BIGGEST REASON IS IT FORCES ME THAT THE FLOWER BED THAT'S ALREADY EXISTED, THE THE STONE WITH THE STONE ON IT, TO EITHER MOVE THAT NUMBER OF THE TREES THERE RIGHT NOW, THREE FEET FROM THAT, I'M SORRY. AND THEN YOU CAN SEE THE SIGN. OH, YEAH. I DON'T NEED THAT. OKAY. SORRY. THERE'S, I HAVE THE, THE THREE PICTURES. ONE OF THEM SHOWS IT FROM THE, THE SIDE OF THE GARDEN, IF YOU WILL, THE BED WITH THE TREES IN IT. AND FROM THAT ONE YOU CAN SEE ACROSS THE FENCE TO MY NEIGHBOR'S BUILDING. ACCESSORY BUILDING. I'M PROPOSING TO BUILD MINE EVEN WITH HIS. AND IT'LL BE BALANCED IN AND EVEN THERE, IF WITHOUT THE WITH THIS, IF I BUILD IT IN THE SAME PLACE, I'M GOING TO HAVE TO DOWNSIZE IT A LITTLE BIT. AND I'D RATHER NOT DO THAT BECAUSE I HAD THE SAME SIGN. I HAD A 25 BY 30 OR 40 BUILDING IN MY LAST NEIGHBORHOOD IN SHADY SHORES, AND TO PUT MY BOAT AND MY TRUCK, BECAUSE MY TRUCK WILL NOT FIT IN THE GARAGE, AND IT'S ONLY A 1500 SILVERADO, SO IT'S NOT A BIG TRUCK. SO I NEED THE SPACE WITH THE SHELVES AND EVERYTHING ELSE ON BOTH SIDES TO MAKE ROOM FOR EVERYTHING AND NOT BE CRAMPED. JUST THAT EXTRA FIVE FEET GIVES ME THAT SPACE. OTHERWISE MY ACCESSORY BUILDING WITHOUT DOING ANYTHING ELSE WILL BE RIGHT UP AGAINST THAT GARDEN THERE, IF YOU WILL. I DON'T REALLY KNOW THE RIGHT WORD. PLANNER, GARDEN. FLOWER. AND TO MOVE IT BACK FURTHER, IT'S JUST AN UNNECESSARY COST FOR CONCRETE AND EVERYTHING ELSE TO TO PUT IT SO FAR BACK
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IN THE YARD. THEN IT'LL BE STAGGERED AND WEIRD LOOKING. RIGHT NOW I THINK IT WOULD BE VERY BALANCED. IT DOESN'T AFFECT ANYBODY. IT IT'S IN HARMONY WITH MY NEIGHBORS AS IDENTICAL AND WITHOUT GRANTING IT, IT'S JUST GOING TO EITHER FORCE ME TO EITHER DOWNSIZE OR MOVE IT BACK, AND THEN I CAN ONLY MOVE IT BACK SO FAR BECAUSE OF THE 40 FOOT DRAIN EASEMENT ON THE BACK OF THE PROPERTY. SO THOSE ARE THE THAT'S THOSE ARE THE AREAS THAT I'M LOOKING AT. SO ANY QUESTIONS. YES, SIR. YES, SIR. YOU SAID IN ITS CURRENT LOCATION IT WILL BE WITHIN THREE FEET OF THAT WITHOUT THE, WITHOUT THE, WITHOUT THE FIVE FOOT VARIANCE. IT'LL BE THAT FAR AWAY FROM THAT FLOWER BED AWNING WITH THE IN OR THE EDGE OF THE BUILDING WITHIN THE AWNING. THE BUILDING IS 30 BY 40, AND IT'S GOING TO HAVE A TEN FOOT COVERED PART. AND THAT'S IN THE YELLOW ON THE ON THE PICTURE YOU HAVE THAT'S CONCRETE WITH A COVERED. THAT'S WHERE I DO MY OUTDOOR WORK AND STUFF. I DO A LOT OF WOODWORK AND BUILDING STUFF AND THINGS LIKE THAT WHEN I'M NOT. SINCE I'M RETIRED, I LIKE TO DO STUFF TO KEEP BUSY. RIGHT. SO TO MAKE SURE I UNDERSTAND, THE AWNING WOULD ALMOST ABUT THAT FLOWER BED. YES, SIR. YOU'D HAVE A COUPLE OF FEET IN THERE. A COUPLE FEET, THREE FEET IN THERE? NO, I GOT A 46 INCH MOWER. WOULD NOT FIT BETWEEN THERE AND THE ONE OF THE PICTURES I GAVE YOU WAS OF MY NEIGHBORS WHOSE TEN FOOT AND HE'S CONCRETE ALMOST ALL THE WAY TO THE FENCE. I'M NOT PUTTING ANY CONCRETE BETWEEN THE BUILDING AND THE FENCE.IT'LL JUST BE GRASS. THAT'S ABOUT THE BIG DIFFERENCE BETWEEN THE BUILDINGS. IT'S PRIMARILY THAT GARDEN WITH THE TREES. AND IF I, IF I THAT GETS KIND OF CLOSE TO THE MAIN SEPTIC LINE TOO. IF I START GETTING FURTHER TO THE TO THE NORTH WITH THAT EXTRA FIVE FEET PUTS ME KIND OF WHEN THEY, IF THEY EVER HAD TO DIG THE LINE UP, I'M LIKE RIGHT ON THE EDGE OF THE BUILDING, OR AT LEAST THE COVERED PATIO PORTION OF IT, NOT THE BUILDING ITSELF. AND CARRIE, YOU SAID THE HOA HAD ALREADY GRANTED APPROVAL. YES, SIR. THIS. IS THAT RIGHT? OKAY.
I, I HAD A MEETING WITH THEM BEFORE I LEFT ON MY VACATION, AND THAT WAS APPROVED AS THE FOUNDATION OR ANYTHING BEEN POURED YET? NO, I HAVEN'T DONE. THERE'S NOT ONE THING THAT'S BEEN DONE. OKAY, I KNOW BETTER THAN THAT BECAUSE I DON'T WANT TO START FROM SCRATCH AND HAVE SOMETHING DUG UP. OKAY? THE PICTURE THAT'S UP THERE RIGHT NOW, THAT SHOWS IT WITH A TEN FOOT WITH A WITH THE TEN FOOT SETBACK THAT GIVES ME EIGHT FEET BETWEEN THAT FLOWER BED AND THE EDGE OF THE BUILDING. AND THAT'S PLENTY OF ROOM TO GET MY, MY LAWN MOWER THROUGH AND AND STUFF LIKE THAT. SO YOU'RE GOING TO HAVE A SLAB THERE. I'M ASSUMING THAT THE AWNING IS GOING TO GO OVER. YES, SIR. OKAY. AND THEN FROM THAT SLAB TO THE PLANTER IS YOU SAID WITHOUT THE VARIANCE, IT'S GOING TO BE THREE FEET JUST SLIGHTLY UNDER THREE FEET. AND WHAT WILL IT BE WITH THE VARIANCE. EIGHT FEET. EIGHT FEET. THAT MAKES SENSE. MAP.
OKAY. THAT JUST DOESN'T PUT ME RIGHT UP AGAINST IT. IT GIVES ME A LITTLE BIT OF BREATHING ROOM ON IT. YEAH. AND I HAVE TO SET IT BACK A LITTLE BIT TO WHERE YOU'RE SEEING IT RIGHT NOW BECAUSE MY YARD AS IT COMES OFF MY MAIN DRIVEWAY DROPS AND ANYBODY'S EVER TOWED A LONG BOAT. IF YOU'VE GOT A BIG DROP, YOU'RE GOING A HIGH CENTER OF THE HITCH BACKING UP. SO I HAVE TO HAVE A GENTLE SLOPE TO GET BACK TO IT. WELL, GENERALLY MY BIGGEST CONCERN IS SOMETHING LIKE THIS IS HOW IT'S GOING TO AFFECT THE NEIGHBOR. AND IN THIS CASE, THE NEIGHBOR'S ALREADY TEN FEET. YEAH. AND IT'S ALMOST THE EXACT SAME LENGTH AND FRONTAGE. SO IT'S NOT I DON'T THINK THE NEIGHBOR HAS MUCH COULD HAVE MUCH CONCERN OR I SHOULD WE SHOULD HAVE AS MUCH CONCERN ABOUT. HE ALREADY GAVE A LETTER AND HE FILLED OUT THE LITTLE FORM THAT HE. OH WELL OKAY. YEAH. YEAH. OKAY. SO IS THE LOT LEVEL. I'M JUST WONDERING ABOUT THE DRAINAGE. SO THAT BUILDING IN YOUR BUILDING, YOU KNOW, WHEN IT RAINS, I'M LIKE, MY NEIGHBOR HAD $20,000 GRADING OUT THE BACK LOT. WHEN WE MOVED IN. IT WAS A BUNCH OF WASHES AND ARROYOS BACK THERE. OKAY. AND I HAD TO PLOW THAT WHOLE THING UP TO GET IT LEVEL FOR DRAINAGE.
THIS WON'T AFFECT IT BECAUSE IT'LL BE IN A PRETTY LEVEL SPOT, BUT WE STILL WILL DO DRAINAGE AROUND IT TO MAKE SURE, BECAUSE MY NEIGHBOR'S JUST TO THE RIGHT. HE GETS A LOT OF WATER ALONG THE FENCE AND I DON'T WANT TO CONTRIBUTE TO THAT. SO MINE WILL BE GOING BACK TOWARD THAT
[00:20:04]
BACK CORNER. IT'S THE LOWEST, THE RIGHT REAR CORNER OF THE RIGHT REAR OF THE BARN, IF YOU WILL. THAT'S THE LOWEST POINT OF THE YARD ALL THE WAY BACK TO YARBOROUGH. SO ANYTHING WOULD BE DIRECTED DOWN THERE TO DRAIN INTO THE CULVERT OUTSIDE OF THE FENCE, THE NEIGHBORHOOD FENCE.OKAY, SO DO WE TALK? JUST A QUESTION. QUESTION. DO WE TALK ABOUT EACH ONE OF THESE ISSUES OR DO WE DO THAT? WE GO TO A PRIVATE OKAY A PRIVATE PUBLIC. OH I HAVE ONE OF THESE ISSUES.
I NEED A QUICK QUESTION. SO YOU CHOSE FIVE FEET BY FIVE FEET. YOU COULD HAVE CHOSE TO DO TEN FEET. NO, I UNDERSTAND THAT. BUT YOU COULD HAVE CHOSE TWO FEET. THREE FEET. I KNOW YOU STILL WOULD HAVE TO ASK FOR THE VARIANCE, BUT I'M TRYING TO DETERMINE. YOU SAID YOUR MOWER WAS 46IN. YEAH. AND SO TWO FEET INCHES AS I COULD GET. OKAY. AND MY NEIGHBORS IS ALREADY TEN FEET. AND WHEN I DID ALL MY INITIAL PLANNING, I MEASURED HIS AND I THOUGHT IT WAS TEN FEET. AND THEN I FOUND OUT, NOPE, IT'S 15FT. SO I WENT THROUGH THE HOA TO GET THERE.
THEY TURNED MINE DOWN RIGHT OFF THE GET GO, AND THEY STILL THINK THEY HAVE ULTIMATE APPROVAL. AND I TOLD THEM THAT'S NOT THE CASE. OKAY. YEAH. IF I COULD GET FIVE FEET, I DO FIVE FEET, BUT TEN FEET IS IT'S EVEN EVEN ON BOTH SIDES. THE BUILDING WILL BE LINED UP RIGHT.
BUT YOU'RE ASKING FOR LIKE FOR IT TO MOVE FIVE FEET. SO IT WAS 15FT. YOU WANT IT SHRUNK BY FIVE FEET. AND I'M ASKING LIKE, WHAT IF YOU SHRUNK IT TWO FEET INSTEAD OF FIVE FEET? DOES THAT AM I MAKING SENSE? KIND OF. IT'S GOING TO BE CLOSER. I WANT TO GET AS FAR AWAY FROM THAT PLANTER AS I CAN THAT'S EXISTING, THAT'S ALREADY THERE WITHOUT DIGGING IT UP. AND WE JUST PLANTED THE THE ONE TREE ON THE CLOSE EDGE OF IT. I GOT TO PULL UP THE PLANTER AND REDO IT, AND THEN I'M GOING TO HAVE TO MOVE THAT TREE. AND WE JUST PLANTED IT ABOUT SIX MONTHS AGO.
IF I GET CLOSER TO THE. BUT IF YOU MOVED IT INSTEAD OF MOVING IT FIVE FEET OVER, IF YOU MOVED IT TWO FEET OVER, WOULD YOU STILL HAVE TO? DIG EVERYTHING UP? NO, PROBABLY NOT, BUT IT'S GOING TO BE. IT'S GOING TO BE RIGHT UP TIGHT FOR, IN MY MIND, NO APPARENT REASON. OKAY. BUT THAT'S MY OPINION. SO INSTEAD OF TEN FEET IT WOULD BE 12FT. 12 TO 13 IS WHAT SHE'S SAYING.
YEAH. OKAY. I'M REQUESTING TEN FEET. YOU KNOW, GIVE ME THAT EXTRA FIVE FEET GIVES ME. I'M NOT BUTTED UP AGAINST THE EXISTING STRUCTURE. THAT'S THEIR PLANTER. THAT'S THEIR.
PLUS. THE FURTHER, THE MORE ROOM I HAVE AWAY FROM THE SEPTIC LINE, THE BETTER. I'M HAPPY BECAUSE IF I EVER HAVE TO GO IN AND DIG IT UP, HAVE A LEAK IN THERE AND DIG IT UP, I DON'T WANT ANY PLANTER. I MEAN A BACKHOE OR SOMETHING UP AGAINST THE BUILDING. SO THAT'S JUST EXTRA SPACE THAT I HAVE TO WORRY ABOUT.
I'VE GOT A ONE ACRE LOT, BUT THIS ONLY LITTLE AREA I CAN PUT IT IN THE OTHER SIDE OF THE HOUSE IS COULDN'T DO IT. AND THIS IS THE ONLY AREA THAT I HAVE TO WORK WITH, AND I'M TRYING TO MAKE THE MOST OF IT. YEAH. KERRY, WHEN DID YOU WHEN DID YOU BECOME AWARE OF THE TEN FOOT VERSUS 15 FOOT DIFFERENCE ON THAT? WHEN I SUBMITTED THE PLANS TO THE HOA AND ALSO TO THE CITY OF NORTHLAKE, LAURA CAME BACK WITH A LETTER TO ME SAYING THAT IT'S 15FT AND THAT'S THE HOA WAS INVOLVED IN IT. AND SO I HAD I FIGURED I'D GET THE HOA APPROVED FIRST BECAUSE IT DIDN'T COST ME ANYTHING. I DIDN'T WANT TO SPEND $500 FOR THIS AND FIND OUT THAT THE HOA, YOU KNOW HOW HOA'S ARE, BUT I DIDN'T WANT TO HAVE AN ISSUE WITH THEM. IN TALKING TO MY NEIGHBOR A LOT. HOW DID YOU GET IT DONE? AND YEAH, I, I DON'T I
[00:25:08]
DIDN'T KNOW HE DIDN'T GET A VARIANCE. HIS HE HAD A BUILDER A CONTRACTOR THAT DID ALL THE PERMITS. SO I DON'T KNOW IF NORTHLAKE WAS SKIPPED OR WHAT, BUT I GUESS IT'S BEEN FIXED.ARE THERE ANY FURTHER COMMENTS OR QUESTIONS? WOULD ANYONE LIKE TO ENTERTAIN A MOTION? OH, SORRY. I WOULD LIKE TO OPEN A PUBLIC HEARING. OKAY. SO YEAH, YOU'LL NEED TO HOLD A PUBLIC HEARING. AND NOTICES WERE SENT TO ALL PROPERTY OWNERS WITHIN 200FT. WE DID RECEIVE ONE WRITTEN RESPONSE FROM THE ADJACENT PROPERTY OWNER TO THE SOUTH. THAT IS IN FAVOR OF THE REQUEST. OKAY, SO THE PUBLIC HEARING IS OPENED AT 556. AND WE WILL GO AHEAD AND CLOSE IT AT 556 AS WELL. DOES ANYONE WANT TO ENTERTAIN A MOTION? I JUST HAVE A QUESTION. DO WE HAVE TO ADDRESS EACH ONE OF THESE FOUR CONDITIONS TO DO THAT? NOT, NOT NOT VERBALLY. OH OKAY. SO THE MINUTES WON'T REFLECT THAT. WE WENT THROUGH EACH ONE OF THESE. WELL WE DON'T NEED TO. YEAH. IF YOU APPROVE THE VARIANCE YOU MAKE ALL THESE FINDINGS BASICALLY.
OH OKAY. SO IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THESE FINDINGS AND WHETHER YOU AGREE WITH IT OR OR THINK ONE OF THEM FITS, THEN THIS WOULD BE THE TIME TO DISCUSS OR ASK QUESTIONS. BUT OKAY. MAKE A MOTION. WE MOVE TO APPROVE. I'LL MAKE A MOTION. WE APPROVE THE VARIANCE. I SECOND THE MOTION. SECOND IT ALL IN FAVOR? AYE, AYE. ANY OPPOSED? IT IS APPROVED. THANK YOU. THERE YOU GO. AND IF WE HAVE NO OTHER ITEMS,
* This transcript was compiled from uncorrected Closed Captioning.