MINUTES CITY OFHEATH  BOARD OF ADJUSTMENT MEETING THURSDAY, AUGUST 17, 2023, 6:30 P.M.  ATTENDING: Erich Wynn  Eric Harless Douglas Barkely Ira Berger David Vega Larry McDaniel  ABSENT: Chris Boeck  1. Call to Order  Acting Chairman, Erich Wynn, called the meeting to order at 6:30 p.m.  2. Public Comment None  3. Items for Individual Consideration 3.a Election of Chair Person.  MOTION: TO ELECTERICH WYNN. AS CHAIRPERSON  MOTION MADE: SECONDED: APPROVED: ABSENT:  BERGER HARLESS BOECK MCDANIEL  PASSED UNANIMOUSLY BYTHOSE: PRESENT  3.b Action Regarding the Minutes ofthe Regular Meeting of February 16, 2023.  MOTION: TO APPROVE MINUTES MOTION MADE: HARLESS  SECONDED: APPROVED: ABSENT:  WYNN BOECK MCDANIEL  PASSED UNANIMOUSLY BYTHOSE PRESENT  4. Executive Session 6.40 P.M.  Ina accordance with Texas Government Code, Chapter 551, Subchapter D, the Board of Adjustment will  recess in Executive Session (closed meeting) to discuss the: following:  4.a Section 551.071: Consultation with. Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of] Professional Conduct oft the State Bar ofTexas clearly conflicts with this chapter, regarding: training presentation regarding Texas laws  and City ordinances governing the procedures and actions of thel Board. City Attorney, Marie Johnson, provided the Board with training, touching on thei following:  Unnecessaryhardships Meeting Procedure  August 17, 2023 - Board of4 Adjustment - Minutes    Appeal of Board Decision Open Meetings Act  5. Reconvene into Open Session 7:26 P.M.  In accordance with Texas Government Code, Chapter 551, the Board of Adjustment will reconvene into Regular Session to consider action, ifa any, on matters discussed in Executive Session.  6. Additional Items for Individual Consideration  6.a Case No. BA-2023-03: 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 of2 25 feet to allow thej proposed extension of a covered patio to encroach 10.5 feeti into the required rear setback resulting in ai rear setback of 14-51 feet for property located at 2140 Zurek Lane andi further described as Lot 23, Block B, Heath Planning Director, Aaron Adel, provided background information, stating the applicants, Grant and Lynn Lang are requesting a variance to allow thej proposed extension of a covered patio to encroach 10.5 feet intoi the required 25-foot rear setback, resulting in ai rear setback of 14-5 feet. The proposed structure measures 10-5 feet by 21 feet and willl be constructed out of 8x8 cedar posts, 2x6 pine rafters, engineered beams wrapped inl Hardie and soffits and facia to match the main structure. HOA approval has notl been received. Public notice was published ini the Dallas Morning News and on the city website on. July: 31, 2023. Notices were: mailed to 71 property owners within 500 feet oft thes subject property.A  Golfand Yacht Club Phase 1B, City ofHeath, Rockwall County, Texas.  total ofs sixnotices were returned with five ini favor and one opposed.  Open tol Public Comment at 7:41p p.m.  Mr. and Mrs. Lang, property owners of 2140 Zurek Lane, are present. The Lang's state they wish to construct the proposed structure toj provide additional shade from the elements. Their existing  covered patio currently provides no shade or protection from the elements.  Closed to Public Comment at 7:531 p.m. MOTION: TO. DENY REQUEST MOTION. MADE: HARLESS  SECONDED: APPROVED: ABSENT: 4. Adjourn  BERGER BOECK MCDANIEL  PASSED UNANIMOUSLY BY' THOSE PRESENT  Chairman Erich Wynn adjourned the meeting at 7:55 p.m.  trb  ASHLEYI FERRELL PERMITTECHNICIAN  fdun  August 17, 2023 - BoardofAdjustment, - Minutes