2020 for meeting of the McKinney Board of Adjustments. Board of Adjustments has comprised of five members plus two alternates and I want to remind you that this meeting is being recorded and that we will and that we will all treat each other with respect. Folks on the issue and be concise in our comments. Your opinion is very important to us as they become part of the public record that is sent to the City Council as part of our minutes. Our courtroom has been established for the nice meeting and our store time is 6.01 p.m. My name is Larry Jagers and I serve as vice chairman for this meeting. Also serving to's members are Randall Wilder, Tonyer Dangerfield, Neo Prevost, and Deanna Cuckendall. The purpose of the board is to hear appeals, especially exceptions, agreements, requests, and amateursization is relative to the zone and autumus, and amatorizations relative to the zone and autumus and other applicable ordinances of the CDM McKinney. The third of the Board of Adjustments is established in accordance with the Texas LGC 211.008 CDC 146 165. The appeal of the Board, the decision of the Board of Adjustment in its final. The decision may only be appealed by a petition to a district court, county court or county courted law. Such a petition must be filed in ten days after the decision is filed in the board's office. The consent items we have tonight are the minutes of the last Board of Adjustment meeting August 28. Do I have a motion to approve the minutes as written? I moved that the minutes be approved as written. We've heard a motion. Can I get a second? A second. It's been motion and second, all in favor? Opposed? Motion is approved. The agenda item for tonight is going for my hand. I need a pen. This going for my name is pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin and this pin The agenda item for tonight is item 24193-Z1-31. Conduct a public hearing to consider and discuss act on the request by owners Gary and Debbie Williams to consider discussing act on the appeal of the Bill and Officials decision for the consideration of multiple variances to the zoning ordinance as follows. A reduction of the side of your north set back from 10 feet to 7 feet 8 inches to construct a room addition to the main residence. Setback reductions to construct the attached two-carcourage with a second floor room above it. Request a rear west setback reduction from 16 feet to 5 feet 1 inch and the reduction of the side south setback from 10 feet to 5 feet. The outcomes are also seeking a variance to the driveway length which is required to be 20 feet. Ben that the proposed driveway is at an angle with the shortest dimensions of approximately five feet. These requests are on the property located at 801 North Morris Street, lot two of block 16 of the water addition to the city on McKinney, Texas. Do I have a motion to open the public room in for this agenda item? It's been motion. Can I get a second? It's been motion and second. All in favor? Opposed? We have all had an opportunity, excuse me. If you plan to address the board, if you plan to address the board of adjustment or speak in regard to this case, including attorneys and citizens to help please stand and raise your right hand. If you saw me swear or affirm that the testimony you're about to give in the case now being considered by the Board of Adjustments is the truth, the whole truth and nothing but the truth. You may be seated. We have Suzanne Arnold, Chief Bill in the official. She'll provide her statement on behalf of the city. Thank you, Mr. Vice Chairman. Tonight's case is located at 801 North Morris Street. This is Board of Adjustment Case BOA-20406. And the date is September 11, 2024. Mr. Vice Chairman, you just read this statement so I will bypass it. The scope of work of this project, the applicants came to us with a multifaceted project, it requiring multiple variances. The permit application for this project includes the following, a room addition, which does need a setback variance. In closing and existing attached carport, no variance is required for that, but it does affect the requirements for this case. And constructing a detached garage, which does need a variance for setbacks. And please note that two enclosed parking spaces are required by the UDC table 238. By enclosing their carport, they will be eliminating the only two covered parking spaces on the property, so the construction of the detached garage would restore two spaces. This scope also includes removing the existing driveway for which no variance is required, but it does factor into the parking requirements. I want to remind the board that the board has the power to modify requests. Being that there are multiple variance requests within this application, please keep in mind that you may consider these requests separately or as a whole. The applicants first came to us for a building permit on June 22, 2024. Subsequently, a plan review was conducted on June 24, and the project was placed in revisions necessary status. The comments returned by the plans examiners primarily revolved around the variances that would be necessary in order to continue forward with processing their application. Among those things, the plans examiner listed the driveway length being less than 20 feet. The detached garage because of its size has to meet the setback requirements of the main residents, which it does not. It's for a reduction of, I'm sorry, the reduction of the side yard for the addition and the reduction of the side and rear yard for the detached garage. Under the UDC, the zoning is R12 residential. The planning department identified the following non-conformities with the application. It not meeting the 10 foot side yard setback for the addition to the house. Not meeting the 16 foot rear yard setback and 10 foot side yard for the proposed accessory building but to car to story garage, and not meeting the 25 driveway length on the proposed accessory building. The issue with the parking is that the UDC requires four spaces per dwelling unit, two of which have to be fully enclosed. So they're proposing to construct two enclosed parking spaces, but setback for the addition, the side yard setback is required to be 10 feet. They're requesting a setback of 7 foot 8 1 1 2 inches, which is a variance of 2 feet 3 1 1 1 2 inches. For the detached garage, the rear setback is supposed to be 16 feet, they're requesting 5 feet 2 1 1 2 inches, which is a variance of 6 feet 9 1 1 1 2 inches. The driveway length is required to be 20. This is at an angle, so there's a short side and a long side to the property line. The short side is a little more than 5 feet being a variance of around 15 feet. Here's an aerial of the property. I'm showing you this in large part because you'll notice that there's a significant tree canopy on this property. That factors into the site planning that let us here. Couple of photos. Got the front of the house and then looking down Laila Street, which is an abandoned right-of-way that runs down the side. This first image is the back corner of the house where the room addition is proposed to be, and then you've got a couple of shots down the side yard where the garage will be. So let's take a look at the site plan and what it tells us. Starting with the addition, which is on the top left corner, you'll notice that the existing side wall of the house does not comply with the 10 foot setback apparently never did. What they're doing with this addition is building it flash with the existing side wall. It does not increase the degree of non conformity. It's simply in line with the way that it's always been. Looking at the attached garage at the lower left corner, you can see it's proximity to the property line. Definitely doesn't meet the build lines that are marked on the plat. It is set at an angle, but it's important to point out the giant circle next to it. That outlines the canopy of a very large tree. The applicants are calling it out as a 30-inch diameter oak tree. Now, that's important because it is a protected tree. If one were to try to remove a tree like that in the interest of constructing a detached garage, there would be penalties for that. And it's certainly an asset to the property. So the owner's sites and the application, and they're trying to work around that tree to preserve its health and to create a point of access that would not jeopardize the root spread, the overall health of that tree. And here's a picture of the tree in the side yard. It is quite large. It's a great tree and certainly one that the city would want you to be able to preserve. Looking at the plans for what they want to build, this is the plan for the room addition. Again, it's at that back corner of the house. They're filling in the space with a study in bathroom. And again, you can see it's just in line with the existing sidewalk of the house. This is an elevation of that side. Again, consistent. It's in line with and in character with the existing sidewalk of the house. Here's a plan for the detached garage first floor. A pretty basic two-car garage, two separate bays has a little storage room there. The second floor which is accessed from an exterior stair, is called out as an office space. It has a small bathroom and small kitchenette with it. And it looks like attic access, but it is just an office. These are the elevations of the detached garage. You just get a feel for the materials in the character of what they're trying to build on that corner. The board of adjustment application was pretty basic. Instead, the owner opted to present a letter with some additional arguments and photos. We'll touch on a little bit of that. These images are of West Laelos Street, which forms a side property line. This is an abandoned right-of-way. It is not a real street anymore, but it is the point of access to their driveway. Here, the owner goes into more about the trophy oak tree on the south side of the property. Talks about it being a 90-inch circumference tree, four feet off the ground. And sites that using the actual setback requirements would make it impossible to build a structure that does not encroach into that tree area. And again touching on that that a rear addition with the 10 foot side setback issue there's multiple trees on the lot in addition to the one in question around the garage. The board's decision this evening, it may modify the request, you could approve the entire request, you could deny the entire request. We sent out 22 notices. We received four responses, three in favor and one against. Does the board have any questions for staff? What part of town, where is this in McKinney? I'm not familiar with that street. It's at Morrison, Laila. That didn't help me. It's within the... I think, Lee. I think Lee was close to that window. It's in the area of Winco. Okay. It's over there. in the area of Winkel. Okay. Do you know where this park, that's small park? Yeah, it's over there. And what it looks to me by those pictures, there's either been tear down rebuilds or there looked to be some pretty large houses around this house. Is that accurate? How many square feet is the main house? Just over 2300. Okay. The rehab copies of the letters. Okay. I'm sorry. Go ahead. Any additional questions for Sam? I always have a nature of the opposition. Thank you. Is it in the letter? Yeah. I don't have any questions for staff, but I'd love to hear from the applicant if we can. Why they're looking at, well the rest of the members are looking at this. Miss someone will thank you for that. I'd like to give the opportunity to the owner representative to make comments about this agenda. And I have two requests, like Reynolds and Wendy Walker Davis. You would come forward. I don't know what I'd like to speak first. Thank you for your time. Thank you so you have three minutes. We purchased this house not because of the interior of the house because of the trees. We don't want to lose the trees But we want to also be comfortable on our house. This is the last house. I part of living it. Been in McKinney since 98 and lived on the west side forever. Now on the east side my wife finally convinced me to move over there and And love the area, love the neighborhood. Really want to be comfortable there and these trees, every day you get to enjoy those trees and we don't want to risk losing any of them because of the movement of the structure meeting the requirements of the city. As far as the driveway, the abandoned street is basically 20 feet long. That would allow us. I understand the parking issue. That's something we would have to address. But we had easy access inside and out because of the abandoned street that nobody will take possession of. We've been offered that street. Don't want to take it because of the liability involved with it. Not only if something should occur there, we would be liable for it as the owners. Also, the increased costs associated with additional property taxes, additional homeowners insurance, and on top of that, the maintenance. One of the pictures that was shown earlier was legalist street on the other side between moors and water. You can see the issues with that street and the buckling there. It's worse now than when that picture was taken. We don't want to necessarily be responsible for that. We want to have the option to fix it if we want, but we don't want to be required to have to fix that. So we feel like the street, the abandoned street gives us the inside access. We can push the garage back a little bit to meet the two car parking garage or the two-par additional parking spots I don't know if one of the letters you received was from our neighbor at 703 North Morris Andrew Jardine he does not oppose this at all. He said they will not cause any issues with them They're the only other ones that use that drop that that road to park in their garage Has no problems will not cause them any inconvenience at all. They'll say the access they need in and out of the dragway. I would just add where we have situated the building is really, or the addition is really, you saw from the picture the canopy of trees, which is one of the reasons we bought a lot, but the back area where we wanna add the rooms in line with how the house is already built. There is no tree canopy there. That's a great place for us to build. And then the garage, the only place we can build it is where we have it situated. So we would just ask for your support. Any questions, Ed? Yeah, is there any option that you could build and comply with the setbacks or maybe not as much of a drastic change that you're asking for? If we put it based on the setbacks, the peak of the garage is 23 feet. That would require us to actually cut down some of the branches from the canopy of that tree. It would significantly impact the huge tree that we're trying to protect. The closer you get to the trunk of that tree and that root system, because the garage, my understanding is the garage because it's two stories, the foundation will be six to eight inches deep. And so by angling at the way we've got it set up, we avoid as much of that the roots as possible. And the existing trees around? Yes. It seems like an excessive amount of, you know, that you're asking for. And I was just wondering if you had any kind of second plans if you don't get it passed. That's the only spot. That's really the only spot. What's the purpose of the, do you run a business out of your garage or tell me what you got going on with? I mean, I love a garage apartment, but tell me if that's what that space is going to be for. We be very honest with you. We just discovered we're going to be grandparents and we want to be the winning grandparents. And we want a space where we have room for kids or grandkids or whatever. It just expands our capacity to house people comfortably. But it's a small space that really won't, it will just be utilized as an office and workout room, place for him to practice golf or how's our family when they come to the holidays and How many square feet is the addition in the main house? It's 2,300 now. What's the main house going to be when you're done? Including the carport no just. Just the addition piece there. That's probably probably another 150, 200 square feet. I'd have to look at the plan. And when did you buy the house? In 2021. Okay. Did you all know when you did the survey that it was over the limits? Did anybody point it out? Did you ever hear that before or anything like that? We had not. No, in fact, our fence line is not. It's our defense is on our neighbor's property, but that's where it was when we bought the house. We've since replaced the fence. Our neighbor's perfectly fine with it. But it's a little... And he has said that he's willing to deed that land over to us. And I've talked to the real estate attorney I work with, and we can do it. It's just going to take some time because of paperwork and things like that. But we actually had a new survey done ourselves just to better understand the property lines on that, but nobody had ever discussed that with us. And when was the house built? How was that? Well, when we bought it, they told us it was built in the 70s. But I went back to the archives of pictures and it's there in the 1950s. So I'm not sure. That's a great question. I'd love to know. So whatever stature limitations are, once I let that back a long gone. Yeah. Okay. All right. So I'm looking here at the the only protest letter here and there's just less of a protest and more of just some questions So maybe I can ask you and mark some of those questions to answer But then like to know you've already addressed the The survey piece but they asked about drainage and storm water runoff. And then also about trees and having to remove any trees or impact to a tree line. You wanna go or do you wanna go? Our goal is to not impact the tree line. That's the whole point of this. But as far as storm water, that's beyond my expertise. The builders are going to have to do it per code. I mean, there's a natural slope from the street towards the back of the property anyway. And the way that the building, actually the new building, the garage is sighted on there. It's actually sitting at a diagonal, so that way anything that's coming down it would naturally go around it, even if there weren't any corrective measures taken for it, just the angle that it sits on, the water's going to naturally go in the same manner as it does now. But that's part of the construction process, and that's one of the drawings that we have to turn in with the set of drawings. And I can get into that when I get up to speak. But that's part of what we have to turn into that city is showing, demonstrating how the drainage is on the lot. So I have a question for the city. I understand why it has to be denied on place value because obviously it's a violation of the code. But if that code weren't necessarily in place, do you have carte burn with this project noting what they're trying to do with the garage. I think the variance is required due to the way the site is laid out. The city does not have any heartburn with it. This is not a fully developed design and review yet though. Is there currently an existing, is it a car port? Or was it a previous garage covered? It's a car port. It's just a car port. So you're going to close that in. Yes. Is that correct? Along with the other rim on the front of the other side of the house. Right. And then you're building a, so out right now or all your cars outside all the time. Yes. Yes. Okay. And is there currently an existing driveway that does meet the 20 feet? There is a driveway into the car port, yes. Okay. You know the question? Thank you. Thank you. Thank you. Thank you. I guess you have more corbels? Mark McRennels. Okay. I don't know how to do address and all that kind of stuff. Yes, sir. Okay, Mark McRennels, 218 University Ave, walks a hatchy 75165. I'm the designer on the project. I've been working with the Williams since they purchased the home. And anyways, when if you look at the site plan and you may be able to back up to that, yes, there is a 10-foot side yard that exists. When the house was built in the 50s, that was always my assumption of its construction period just from my experience as a home designer dealing with historical structures. Zoning didn't exist. There were no setbacks at the time. So while there is a 10 foot side yard now, there more than likely was not even a side yard setback when this home was built. And if I understand correctly this is in the TNN which does allow for somewhat of a reduction not only front back but also to the sides is that correct? No reduction to the side. Okay. Not for the main structure side setback. Okay gotcha. Okay. Thanks for the clarification. So yes so on that part there that's hatched in the top left corner, the northwest corner of the house, yes, we're just trying to keep in line with the existing home, just, you know, the roof lines there, the walls are there, and we just wanted to square off that corner because it made construction simple. And we did it before, as we were doing it it then we're looking at the setbacks and just like, oh okay well the setbacks do come into the house which is which can be surprising during the process when you see a house then our son, oh wow it actually sits two feet two and a half feet over the side yard but easily explained by the fact that when the House Bill set back didn't exist. So that is, I wanted to address that part of it. On the detached garage itself, another thing that Mr. Williams didn't mention as far as if they were to try to do a quick claim deed and take half of Leyla as their own. That's also half of the access for the neighbors to the south. So there were discussions a couple of years ago. We've actually been working on this project for about three years now, two and a three years. There were discussions whether or not if we were to try to do the quick claim deed, take that over, replat, add that. Okay, well then now we have appropriate length, but now we're impacting the neighbors across the street that this is their only access to their own driveway and garage. So that's why that was one of the decisions on top of the maintenance issues to keep the property line and not try to do the quick clean deed. So the canopy of the tree is anywhere from 60 to 70 feet. It's a big, big canopy. And by pushing it out as far as we could, there are sunset backs in some zoning types that have a five foot rear depending on the square footage of the structure that's going to be there. And so that was why we stopped there. If it was a 200 square foot, I believe that the rear setback would be a five foot setback. But again, we're trying to have a garage here, and we're trying to avoid touching any tree. As a matter of fact, even where this goes, it touches nothing. There's, while there's some growth on the western side, I don't believe that anything has to be torn down in order to this, for this structure to be here. So, we have a lot of things pushing in against us here with the setbacks and we thought that this was probably the best way to not impact this tree that's probably 60 or 70 years old and have the least impact on the access into it from the street that frankly nobody uses except for the neighbors to the south. If you have any questions for me as far as design of projects or things of that nature, I'd be happy to answer them. Like they said, it's just a simple two-car garage with a space above. It's not technically a kitchenette. There's not a stove designated to be in there. It's just a mini fridge and a convenience sink. So it's not intended to, hey, we're going to be in beer or anything like that. It's for their personal use as an office or as a further guest for their family. So, any questions anyone? A question. Were you have the proposed setback from 20 feet to 5 feet in the rear? What's on the other side? On the other side of what? Of that 5 feet, the proposed five feet, I could rear sit back. That's just the property line that's all the way to the left. Is that what you're indicating? Is there another house over there? Oh, the house is further to the west. It's that house there to the left with all the solar panels on it. So you can see there's quite a bit. They face this neighboring house faces the western street and so there's actually a good deal of yard between the two houses. So when we see a lot of trees there's nothing else there except for trees between those two. I think, you know, I mean this is the satellite where you start to zoom in and it's all clumpy and gross, but when you're standing there and real life and you look at it, there's really not an impact on anything there where we're planning or where we would like to put the garage. Is is there a fence on that line or is it not fence? There is a fence along that line. In fact, the fence goes all the way across what was the street? Okay, can we go Is there a fence on that line or is it not fence? There is a fence along that line. In fact, the fence goes all the way across what was the street. Okay, can we go back to their side plan? Okay, here I have a question for you. I'm gonna try to use my technology here. Right here. See where I just made that spot that mark. If you moved the whole let's say we gave you zero or six inch line on the back on the back clock wouldn't that move the garage further away from that tree and allow you to keep that driveway and more parking space. So you mean in a diagonal northwestern? Just keep going straight with it this way over to the over here. So there are many trees behind back there that we're trying to not impact as well. Okay I guess from saying as you're requesting you're the parking because of the corner of this sticking out where it is your driveways no longer going to be useful and and it seemed me that you move the garage over a little bit and we can solve the parking issue. The existing driveway will go away. That's going to be taken out and we're going to stop that area through the grass. Right. I don't have anything else. Any questions? Not for the applicant. Staff right now. Do we have any other person here to speak? We have another person. Thank you, sir. Thank you. We have Wendy Walker Davis. Would you say your name and address? Yes, Wendy Walker Davis, 804 North Graves. I'm on the side where there's nothing over there. That's me. That's your house that we were just talking about. Yeah, the solar panel. Nothing over there. Yeah. That's me. That's your house that we were just talking about. Yeah, that's solar panels. Nothing over there. Yeah, that's me. So that's our backyard and it does have quite a few trees in it and that's one of my questions. So my opposition is more of just like I do have a lot of questions because I've learned a lot since I wrote this letter because I finally found the meeting notes. Thank you. I was very thorough. I love that. So I don't have a question about the survey anymore, but the drain storm and water runoff is a real big issue. And so I'm hoping that in the process, it's going to be reviewed because of, as it was mentioned, there's a, the watershed goes straight to graves. I don't know if anybody's been down graves straight after it rains. That corner, we lose all our garbage cans because it's just like a, it's just a lot of water. So it is very important that we keep our trees. So I love that effort. I'm all in that. I think you can see that along the property line there are other big trees. So, and I see on the drawing the one oak tree, but I haven't done the analysis, but it's really important that the trees along the tree line along the border stay. So that's one of my questions. So has that been reviewed? Because I know that they're focusing on the tree, but I haven't seen anything on the arched treeeline between us. Because in fact that's the treeline between the arch. Yeah, the intent is not to touch anything because there won't be anything done to the back yard that would impact those trees by putting the condition on the side of the house. But you were talking about how if you put your foundation closer to your oak tree because it goes down eight inches, it could affect the root base. There are mature trees all along there. Within, and if this goes, it's within five feet of them because there's trees all along there. So I don't, and I think, to your point, I think you're concerned about taking the trees out, but it's my understanding that no tree can be removed from the property in McKinney, especially if it's a protected tree without consent from the arborist and they are really, really, really particular about that. Am I so do they review that? Because I'm just as important as it is to keep the trophy tree, I find it important to keep the trees between our properties. Because that's part of the allure of the house that's all those trees. And that's why we say that the location of the garage is really the only place it can go and not impact not just the tree we've, but the whole tree line. So I'm just following up from what was discussed, it was talking about how you put that foundation in there. Is it going to kill the trees along that tree line? Is it far enough away? Like it is far enough away from the trophy tree in the middle of your yard, which is obviously a little more important than a border tree. But if some of these trees are going to be affected and die or have to come down because the construction company says so I'm curious about that. The difference is the size of the canopy really where we, you know, that that's the side. I don't know if you can see it through the fence because the fence walks up your yard and our yard. But I can see your back, your house, from my. You can see it in these pictures actually. You can see my house from your backyard. That side area where right now it's just gravel, is that it wouldn't impact, there's not a canopy over that would, that suggested would impact the line that you're talking about. It's kind of just as committed to that as you are. Yeah, because we all work really hard. It's just a dream. It needs to be made. Do we need to do some maintenance and they're right on the border and we should talk about that. Because the last one we had a couple come down. But if I could add to that by having the structure on the diagonal it actually keeps most of the structure away from the fats just because it's at that angle and so it was okay. Nice and sideways. Well then that would have a greater impact. I mean we really have thought it and because I'm with you on the trees. So we all of our trees. My other one is just drainage. I'm hoping that the building is reviewed because I can't imagine getting anywhere Senate and our he is I don't know where that's going to go. So if it diverts to the left that'll be closer to the back of my house instead of down the driveway unless we work on the drainage going down the abandoned street. I do believe that that's one of the issues that inspectors take a look at when they go up because as a designer that's one of the drawings that we have to provide is a drain and showing this is where the water is going in the direction on the properties and how it may be affected by the flow may be affected by the location or shape of the building. And so the inspectors, that's part of what they do from my understanding is they let them say, okay, did they do the build, what they turned in for a permit? So it would be really hard to do the buy. So I'm gonna see it. Well, those were the three things. And that's all. I'm on that side. Thank you. Thank you. Thank you. It's on the state that there were 22 letters sent and we have four. Was it four or five? I see four four proves in one protest. And we just heard from the one protest. Okay, I believe the version of the PowerPoint might have been one step behind the latest letter. I apologize for that. Sorry. There is nothing further for the public here until I get a motion to close it. I have one. Okay, yes. You have any, now that you have heard from the homeowner, do you have any current objections? Does staff have any current objections? No, no, I'm sorry. Sorry. Miss Davis. Miss Davis. Just as long as the contractor doesn't come in and say they're taking all the trees, because they have to. Well, I have another contract. So I think the designer is here, but who's going to do the building? I just hope we stay in touch and we work on that. It's not worth it to me if I lose those trees. I mean, we'll have to figure something else out. But can I ask one more question? One more question. President just comes tomorrow. So like if I want to build a garage in my backyard and it's five feet from the fence, is that going to be allowed? The purpose of this board is to determine if a hardship affects the ability to practically comply with the laws written. So if factors exist that would fuel that argument, then you are welcome to come for this board for a similar proceeding. Okay. Because I just, you know, if the zones were there and then they don't mean anything, you know, was there a precedent sent before that makes them obsolete? If this goes through, does that mean I can't build in my backyard or I can build in my backyard more likely? Layman's terms, because I don't understand why you just said, honestly. Other than I can come to a zoning meeting if I do do a building. A variance created for one property should not impose a hardship on another. So that is certainly not the intent here in any variance granted today should not restrict your use of your property. Okay. Thank you. That's President. I was just curious. Thanks. All questions resolved? Are there no further? Will the public here and Doug get a motion to close? I'll cool I'll questions resolve. If there are no further Will the public hearing do I get a motion to close it? Motion by Miss Danterfield taken by Miss Cuckandall All in favor? Aye. Opposed? Motion is approved. Reminds us there any discussion about this item that you'd like to have? Yeah, I feel that this is a self-inflicted hardship. And it shouldn't be passed because if it was just like a five foot difference, I would be okay with it. But it's such an excessive amount of change that I just don't feel that it merits it. I might be wrong, but I just feel it's just too much. Could we put the side plane back up? I don't have any problem with the Northwest Edition. That Northwest Edition, that property line's been there 50 years, it's already out as far as it's out and it gives them some more room in their homes. You see the gray on the top left, hand corner? This one? I don't mind that one at all. The rest of it bothers me. However, if you look at the the the Lila street is there's no there's no traffic that goes by on Lila street. It's a dead end. They just go down Lila Street to pull in and so I just don't think the negative impact of the variance is very great because only this person and the person across the street are the only ones that ever see it. You know it's not forward facing, it's not neighbor facing, it's just facing in abandoned streets. So while I agree, it's a lot that they're asking. I'm not so sure that it's not okay. I mean, they even tried, if you look at the way they did this, like this, to try to get it into the corners best they could. They've made that even smaller. But I will have to say that having cars parked in a garage in a neighborhood is superior to having them out on the street or under a car park. And so if they're willing to build a covered garage and put their cars in it, I think that enhances the overall appeal of the property in the neighborhood and everything else. So I get it, I I agree it's a lot. I think it's a lot, but here's my opinion. It's just too much. Here's the problem with too much is that it assumes that there is a just a right amount and we know what it is. I'm not saying I got three. If they had to take, you know, if it was me, I would just try to get a tree removed where I could move it up a little different and be not as much of a variance as well as required. It just seems like, well, if you can't, you know, you want that much of a chain, you know, of a variance that maybe you ought to not do it because you got to either take a tree out and more comply with the rules or not. Now if it was like a small amount of variance, I would be forward, but it's just an excessive amount. It's for hardship jokes. No. So I hear what you're saying, and I agree it is a lot. I think what makes this unique, I'm gonna say somewhat unique, because I think we're gonna see this in other cases, too, moving forward. And that is a revitalization of some older homes and making them to where they're livable to a new generation of folks coming in and or folks who are maybe empty nesters and are looking for those quieter areas. If this were more of a new build, then I would probably have way more heartburn on it, but this is taking a situation where there wasn't zoning when the house was built and trying to work with it and beautify it and improve the quality and value. I think I'd also probably have more heartburn if I knew that there was a house that was literally right and up around that, but because there is so much space there, you don't have anybody that's looking down and anybody's living room with that. So having heard those, I also share a lot of the concerns. I personally don't think you should have to remove the trees. I know that there's a lot of protections from being able to do so. And so they wouldn't be able to take out a tree without going through a lot of, a lot to be able to do that. Because there's all kinds of laws and ordinances and rules about being able to remove trees. So I think there's some precautions that are protections, I should say, that are already on the books now, to help with that and same thing with the drainage. I think they're going to have to be able to provide information in order to be able to move forward. They have to be, they have to submit their drawings in order to be able to do what they want to do. And so, and those then have to be approved by the inspector, so I think some of these conversations and concerns before it's ever approved and okay, forward, I think are gonna be in place. So, all that's to say, long way of saying that, while I agree that there are a lot here, I think I'm, I personally am in favor of approving this in its entirety, how it was presented to us. There's really no questions. Any comments? No, I just, I have issues with the back edition. And if we look for a fact that there is a safety net in place that will ensure that the trees on the other side will be protected. There won't be a drain. Gee. Oh, I agree that it's a lot. It's a lot. It's a lot. I think I would be opposed to it. I think the voice would be to take part in Lila. As long as we know that there is something in place to ensure that the area of trees on the other side will be impacted and that it won't create another issue as an adraining issue. How do we find that? As far as the drainage design, that there is some process in place to ensure that it will have to get approved or the plans of the final plans. No civil engineering site permit is required for a project like this. However, upon final inspection, we do take a look at the final grading and drainage. The objective being that whatever is constructed is not materially affect the existing patterns of drainage, nor does it cause any concentration or overburden accordingly. I don't know the inspection, so that would be after it was already done. Yes. An older lot like this, it's highly unlikely that we have a drainage survey on site to reference. It's just a matter of construction and... Is the board of the power to require a drainage survey? The board does not. That answers that. You know, I was thinking about her neighbor. I'm sorry. Yeah, I'm the drink. I'm thinking of all port is really. I'm thinking of me going for the trees that are there. And they've been there for decades. My thinking is has there been an impact on drainies up to this point that has created this college problem. And I'm for trees. We were talking about this in the back and we go off of trees and everything. And the city doesn't have enough trees as we see now anyway, or say we're all in the building and everything going down. And this is in, I'm for me what you're holding to our area. And those are some beautiful trees within that whole sector there. I think what the way you have it laid out, you're looking at the best usable way that everything could fit in to make it work for everybody. Not destroying, I'm thinking, that's just me. Not destroying trees, not cutting trees, not this, then the other. If you had to cut a tree, think of the thousands of dollars it would cost to try to replace a tree, this, then the other. And I think what the way it is, and then we're talking about, too, the setbacks. Which I was going to ask, with all that is taking place, all this should be sort of grandfathered in a way with it being so long, or go. So, that's my thought. So I just, I looked this up just to be sure in the system, both parties here. So McKinney does have a tree ordinance. If you just Google City of McKinney tree ordinance it goes in there and it tells you if you want to remove a tree where you need to go in order to find out whether or not you need to permit to be able to do that and so so if that's helpful. It says the contact of it is the director of planning. You know the discussion of the question. I just want to say I don't think my issue was that whether or not the tree with any trees would be removed, but whether they could be harmed. So is that, do you think that that's... I'm not in the train. So I wouldn't want to interpret whatever, would say. Okay, thank you, ma'am. We've all had an opportunity to consider this agenda item. Do I have a motion regarding this item? This agenda item? I'll make your motion get privit as it was submitted. Motion regarding this item has been presented by the board. By board member, Kirkindal, Kirkindal. Have a second. A second. All the polls, all in favor? All right. All in favor? Okay. polls? I oppose. I oppose. I would move that we consider them separately. There are three variants, we're done with the top north-west corner, the driveway, and the setback. Okay. Are those the three? Those are the three demons. What move that we vote on them separately? What about them separately? Yes. All in favor? Aye. Aye. Aye. Aye. Aye. Aye, I don't have a problem with it either. Do you have a motion for the first one you want to give? Oh, yeah, I'm sorry. If this is the northwest corner, if you look at the circle, I move that we accept that variance has requested. Second. Oh. Oh. Oh. It's been moved and approved. We've all known that we were born in the first. You need to ask. We need to ask. We didn't vote. As you say, ask we need to actually we didn't vote as You say all in favor all in favor. I Have is gonna prove I'm excited. I move with the guard to the... This one, which is the driveway and the setback. I move to deny both of those as requested. Second. It's been motion, Mr. Provost. Second by Mr. Wilder. All in favor then Oh You please clarify the vote if we put it for denial on that one We voted for to the you please clarify the vote if we put it to the vote to deny next item I don't think there was a way to separate those two. Yeah, you can't separate the two down there, the driveway and the garage. Okay, so just a question for staff now. If they want to appeal this, they'll need to visit with the district judge in order within 10 days is that the appeal process? That's correct. The applicant also has the option to try again with a different proposal. Is there a time limit on that? No, there isn't. They would resubmit the different proposals. Correct. It would have to be something different than they presented to you today. Or they can appeal our decision to the court. That's correct. Like for example if they were to put the garage right here that would be a different spot right. Yes not require such a drastic thing, I would prove that. It's too much. They go and perhaps get a study something that says that the trees will be damaged or do you know what I mean? They won't be damaged on the other side. Can they come back with more information about what is going to happen or what could possibly happen? about what is going to happen or what could possibly happen. And then submit the same variance if there is a no issue. I think it would have to differ in some respect. But yes, they can come back if they bring additional different information than was brought this time to support the hardship. Variants would need to change a little bit. Just a little bit. Not much. Just a little bit. Just a little bit. Just a little bit. Because the appeal has already been made and lost. Okay. Is there moved a second? Based on the evidence of the record of the board has declined the request. They've approved one and declined the other two. They've won. They've approved one and declined the other two. They've declined two. to We'll have a motion for a journal meeting There's been moving that second all in favor Post I was having Even as a journal close as heaven. Be in his journey. It's 7.03.