MINUTES CITYOFI HEATH  BOARD OF ADJUSTMENT MEETING THURSDAY, FEBRUARY 16, 2023, 6:30 P.M.  ATTENDING: Robert Farquharson  Eric Harless Nathan Goodnight Erich Wynn Mike Rask ABSENT: Chris Boeck Don) Prentiss (Resigned)  1. Call to Order  Acting Chairman, Nathan Goodnight, called the meeting to order at 6:33 p.m.  2. Public Comment None  3. Items for Individual Consideration  3.a Consider and. Act on the Minutes ofthe Regular Meeting of August 18, 2022.  MOTION: TO. APPROVE MINUTES  MOTION MADE: SECONDED: APPROVED: ABSENT:  WYNN HARLESS BOECK PRENTISS  PASSED UNANIMOUSLY BY' THOSE PRESENT  3.b BA-2023-01: Conduct a Public Hearing and act on a Variance to the Heath Golfand Yacht Club Planned Development Ordinance 120515A, Section 2 (D) that requires a rear setback often feet to allow the future construction ofaj pergola to encroach up to 5.4 feet into the required rear setback resulting in a rear setback of4.6 feet for aj portion of the rear. yard of propertylocated at 505 Gentle Breeze Court, being Lot 16, Block K, Heath Golfand Yacht Club Phase 1C, CityofHeath, Rockwall County, Texas. (Rockwall Planning Director, Aaron Adel, madei introductions, stating aj public notice was published in the Dallas Morning News and on the city website on January 26, 2023. Neighborhood notices were mailed to 42 properties within 500 feet oft the: subject property. Two notices were returned in favor and none: in opposition. The. Applicant is asking to build a 16x14, 8' tall rough cedar pergola, with 6x6 cedar posts. Their lot measures just under .2 acres and isl located ini the detached luxury villa portion of the Heath Golfand Yacht Club development. The corner of thej pergola will reduce the: 10-foot setback down to 4.6 feet. There are: residential: lots located on each side oft the: subject property. The. Applicant has received HOA approval. Staff does not see an apparent umnecessatryhardship, as provided fori in the September 2021 revisions to the TLGC that would enable a recommendation for approval. Therefore,  CAD ID No. 94041?  staff recommends denial oft this request. Open to Public Comment at 6:50 p.m.  February 16, 2023 - Board ofAdjustment- Minutes    Mr. and Mrs. Smith, property owners of 505 Gentle Breeze Court are present. Truman Nixon with White Water Pools, LLCis also present as property owners' contractor. Mr. Nixon states to make the pergola fit within the 10-foot setback, they would have to greatly reduce the size oft the structure, making its somewhat ineffective. The Board suggests moving thej pergola closer tot the existing back  porch. Mr. Nixon says structure can be reduced in size and remain functional.  Closed to Public Comment at' 7:08 p.m. MOTION: TOI DENYI REQUEST MOTION MADE: WYNN SECONDED: APPROVED: ABSENT: 4. Adjourn  HARLESS BOECK PRENTISS  PASSED UNANIMOUSLY. BYTHOSE: PRESENT  Acting Chairman Nathan Goodnight adjourned the meeting at 7:22 p.m.  APPROVEDE wy - NATHAN GOODNIGHT ACTING CHAIRMAN  ATTEST:  ASHLEYF FERRELL/ Gou PERMITTEQEPAICIAN  February. 16, 2023 - Board of Adjustment- - Minutes