you you you Thank you very much. Anybody here like to speak to the board? Okay, hearing none. We'll close the public comment period of 531. Move on to the next executive session. In accordance with Texas Government Code, Chapter 551, Subchapter D, the Board of Adjustment, will recess into executive session, closed meeting, to discuss the following, 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, a professional conduct at the State Bar of Texas. Clearly conflict with this chapter regarding training, presentation, regarding Texas laws and city ordinances governing the procedures and actions of the board. We are now closed at 531. Okay, double. So Mr. Hazel being proud of me, we're going to have to do a close session training. It'll probably take about 30 to 45 minutes. We're welcome to hang out in the community room. Okay. Okay, excellent. It is 6.06 p.m. We will reconvene and according to the Texas government code chapter 551 Board of Adjustment will reconvene into regular session. They're considered action. If any on matters discussed in executive session, it should not be any matters to discuss on that. So we'll move on to number five. Items for individual consideration 5a is a point chairman to the board of Adjustment. Do we have any volunteers or nominations for that position? I'm going to make Chris to be chair. Laramie Daniel. I said. We have a motion. I said. Motion. Any other any other volunteers or nominations. Okay, do we have a motion. Okay, so we'll put it up for vote. All in favor say aye. All opposed to say nay. Hearing none the yes. Okay which means we now need to appoint a vice-chim. Do we have any volunteers or nominations for the position of vice-chim? I will second that one. Any others? All in favor of Larry being the vice chairman. Any opposed? Very none. It is approved. Okay, we need to move on to item 5B Action regarding the minutes of the meeting of August 17, 2023. I will not present during that meeting. I will abstain from that vote. Do we have any motion to approve the minutes? Motion to approve. Second. Second. All in favor say aye. motion to approve. Second. Second. All in favor say aye. All opposed say nay. Questions approved. Moving on to item 5c case number 5 or case number ba 2024 03. Conducted public hearing and act on a variance to the Heath Code of Ordinance section 159.22 EAB to allow a 1 and 1 half foot 1.5 foot encroachment into the required setback of 30 feet resulting in a side setback of 28.5 feet for property at the corner of Valley Trail and Cove Ridge Road zone SF22, single family residential district, addressed 1202 Valley Trail and further described as lot one block D1 Coverage acres number one city of Heath Rockwell County, Texas. We have a presentation from the staff. I'm going to suggest we hear from staff first unless you have an opinion on it. Okay. We have an application for your consideration to my for variants of property. I throw them to the ballot trail. This is on by the students of Hazel Dean. Mr. Hazel, name this here tonight. He's a member of the background and my doctorate. And he's asked for an variance to allow for an extra one and a half fee, a five yard encroachment to expand the garage. But it exists in garage on the phone to make it 2.5 feet deeper to store the expanded garage. 20th Anniversary will match the existing serial wall and bridge materials of the firm. We mail posted and published notes at tonight's hearing by August 13th, and we did receive responses that are included in your packet and then an additional notice response was handed in prior to the meeting. The zoning regulations for the SF-22 and the simple and river-threatening districts where this property is allocated require a 30-foot setback on a side guard that is a chase-to-match district. And the Hazel needs to property it's a corner lot so it has pergain on two strings. Valley trail and coverage in them, the garage is on the coverage side of the property. In the garage, you'll see on the side plan the garage, the immediate, with the proposed extension, encourages into that 30 feet closest to coverage. And after the garage is enlarged, according to the application, we're resulting set back to the one and a half. Excuse me, I've been saying to the county that the intrepid set back is actually one and a half feet. So I kind of want to correct that. And so the resulting set back where the corner of the garage approaches into that set back would be 20,000. And you can see that, a little bit better grab the podium on the screen here. This is a side plan provided by the Public Health Care application, the yellow has been added to show the online red dashed line is the location of the 30 setback line. And the red rectangle is the location of the 30-part setback line. And the red rectangle is the proposed extension of the line. It's the block view. The station of the garage will be played with a room structure and the sub-over and the view above. Here is a side view, right in the application. We will move right here in the Williams-Rachee Collins. It's well-spoken as we had as well as a small lean wall coming out to support that underneath part of that. See it a little bit better. This is an optical illusion. That gray, the large gray trapezoidal shape is the foundation of garage. So the perspective here is that you are actually like a bowl world. And you're looking up toward the wall of the garage. The intention here is to share where the new portion of the garage should be protruding out from the front wall or from the wall of the house where the garage is. Okay, good on that. So, the lead-hood ordinance specifies some conditions under which a variance can be cut. And it is a high-rooting group for the applicant. And the staff does go over this with the applicants or make a fight for the leader. The staff does go over this with the applicants for a megabyte, or the data units. They are five criteria or conditions that the court has signed. And I'm going to summarize those. The full language is on screen and include your packet. But one of the findings is that there are special circumstances that are peculiar to the land or the building and that are not generally observed in the same study district. Number two is that the variance will not be extra-mantle to the public for the name of the free that the variance is necessary for the reasonable use of the product. And it is an minimum variance that would accomplish its purpose. And number four is that the governing ordinance is literally enforced that that strict application of the city's roles that result in an unnecessary hardship on the top of the end or is not consistent with the spirit of the zone. And number five is that the number of people that you would be considered a number of people residing or the refugee building or humbling and the traffic condition. So those are the five criteria that work must find or bring the hearing hits. And then state legislature attempted to help with some clarifying language in 2021 to help put identifying what constitutes an unnecessary hardship. So there's an additional, I would say, or a thing that the word they consider, so the language is important, may consider in finding an unnecessary partnership with this. And these are all immediate affirmative, which makes it a little bit confusing that all women and women reach as a shown screen. You may find that financial costs that are fine with the ordinance is greater than 50% of the raised value of the structure. That's one, I guess, is a good question. And why it's worth the ordinance would result in a loss to the loss for the structures, let me tell you, at least one percentage of the area, Which could be the additional health. The compliance with the result of the destruction of not being clients with other products that were still in federal or other requirements. For the four compliance with the result and the additional approach went on in the JSON file or onto the easement. Or number five, the missing out of the considers restrictions, meaning not important. The property at all of you that I have is not at home. So that is the end of my presentation. I have any questions. Does anybody on the board have any questions for staff? Okay, hearing none, 617 will open up. Well, I guess do we want to hear from the applicant first and then open it up for form or for public. Okay, let's hear from the applicant first, please. She did a very good job. I mean, I don't know what I can say there. I can think that much. You see the app. You know, maybe use the mic or just stay in here. Yes, please. I'm very good. Do you want to see the materials I put together? It's the same thing she put up there. She said it's really kind of. If you want to, but it's the same. I mean, one of the things that I've learned through this process is that you don't go by a car until you measure if you're garage, if you're cause of it's isn't garage. We, I did not, I mean, what I did at the point in time when we originally started drawing plans up to make this small addition to is I've went to the property across the street from me at 1201 Valley Trail. Our coverage actually I believe it's Valley Trails in Fairtile. Measure their distance that they were from the curb and there was 25 feet. So I came back over measured it from the curb to my house and I had 38 feet and, well, I should be okay. And it wasn't until I submitted, actually my builders submitted the plans for approval here to get a building permit that we found out that we were in error. And so my real problem is, is I have a three car garage with one one bay, which my car will not fit in by about 1.8 feet. So what I was trying to do was to get my car in. And I actually went, as I was telling one of the board members a moment ago or earlier tonight. We had a Toyota Prius before and I didn't even think what I would to buy my 460 Lexus in December. Well, it's bigger than that Prius and it actually is by some amount. So that's what caused this to happen. So with all the things that have been put up here and discussed already, there's not a whole lot that I can add to this other than the fact that I didn't realize one the length of the car was such that it wouldn't fit in the garage. It wouldn't fit into the 16 foot two-baked garage. We've tried that and that's just in practicals. The other option that we do have for Yolk considers, we've considered this and work with our builder is to actually tear out the whole garage and put in a 19 foot door which is probably what we'll do if you don't approve this. So, but as you can imagine, that's a very expensive endeavor for us. So we would certainly ask you all to consider granting us the 1.5 variance, 1.5 foot variance. Any questions I'll be glad to answer. Any questions from the board? I have one quick question. On the application, number one, question one that asks for special circumstances, peculiar to the land that do not apply generally to land buildings in the same zone of neighborhood and your response related to not obstructing the view which is a valid point but not particularly responsive to question one. What special circumstances are peculiar to your land that is not generally applicable to other properties near you. Wow. They're applicable to our land. I don't know if I can answer that. I mean, we're setting it at the highest point in the subject issue. We are at the highest, we have promotion points. We're not blocking anyone's view. We're not obstructing anyone's view. By adding this, I don't see anything that we're doing, but that's my own opinion. That's just an opinion. All that is. I appreciate your response. Any other questions? Okay. Thank you very much. Okay. Okay. Do you want to build that way? Harvey. Do you want to build the house? No, we actually remodel the house in a year and a half ago. And it was originally built in 1999. And it was originally built. It was built without that ditch of your bill with a smaller, with a garage that was to full length. When we remodel the house, we and our great judgment decided to put a broom closet in and move it out of put the hat. Guess what? That's what costs us to room we couldn't get in. You know you make some decisions and you kick yourself, stays down the road. So we just added that much and you couldn't get the car to garage. But that's a good question. Very valuable question. Appreciate your response. Okay, at this time 623 we'll open to public comment. Does anybody wish to make a comment particular to this agenda item? Okay, hearing none. Any questions or comments? Discussion from the board members. Good point. It's 623. We'll close the public here. Any questions or comments or discussion points from the board? I want to ask that you'll have to take out and put a 19 foot I'm going to go to the next slide. You said if we don't pass it, you have to take out and put a 19-foot garage door in. How does that help you? I put you outside my side, but I have to tear out the upstairs of my house. The second story and redo all the boring. What I have to do. So it will be about $109,000. Okay, thank you. I am particularly sympathetic to this position and it is a very small request, but in a half, but too in a half, two and a half feet, but only a foot and a half past the setback. And I agree, or at least I believe, it would not be that you are facing an unnecessary hardship. I think you truly are facing an unnecessary hardship. However, I think that we are bound to deny this, at least this is my opinion, because we can't meet the first jurisdictional requirement. This is not a special or unique circumstance relating to the land that's not similar or different from other other similar properties. And I think we also can't meet the requirement that it's not self-created or related to a personal hardship. It is related to a legitimate personal hardship but the vehicle, yet that is still a personal hardship. And it is self-created by the addition of the grim closet. So I don't think we can pass that first jurisdictional burden. That's just my opinion. Do we have any motions to approve or deny the request. I will make a motion to deny the requested variance. I'll second it. Paul and favor say aye. Aye. I'll oppose say aye. Pardon me. It is denied unanimously. Apologies. Okay. Moving on to agenda item 5D case number. B8202404 conduct a public hearing and act on a variance to the heath code Ordnance in Section 159.22E8A to allow a seven foot encroachment into the required side setback of 15 feet, resulting in a side setback of eight feet and a variance to the Heath Code of Ordnance section 159.22E9 to allow a two and one half foot, 2.5 foot encroachment into the minimum distance between separate buildings on the same lot of 15 feet, to allow a two and one half foot, 2.5 foot, encouragement into the minimum distance between separate buildings on the same lot of 15 feet resulting in a distance between separate buildings on the same lot of 12 and one half feet for a property zone to SF-22 single family residential district. Addressed 2309 Lafayette Drive and further described as Lot 10 Block A Lafayette Point City of Heath Rockwell County, Texas. Does the staff have a presentation? So the owner for it is a property of Mr. Cloudin, he's here. And his request is for a variance to develop for you to look on a slab that is as in thorn on the top of the gate and that client structure will encroach into the side yard of the yellow piece of property right here talking about the side yard on this side of the house. We'll encroach into that, I have seen that work in the last slide. Sorry. Right, that's it. So, we'll be approaching to that by seven feet and the location of that pergola in relation to the main structure is, it is not me out of separation partners. So, we've published and posted a mail notice was up to my theory and we received five responses that are in the packet and those were asked to be all in favor of the location of the respondents properly or shown on the packet that we got. So the zone with our regulations for the S-S-S-12 issue required to provide the exact exact 15 feet. And as I mentioned, the spur-to-low result in the side guard setback that needs to be checked. The zoning ordinance requires a separation between the fibola and the helmet of 15 feet and the resulting with the location of the fertile ash to land the two structures would be separating back fall. Here is the zoomed in view out of their property that is one point pool and this part of the structure of the garage. And this rear yard, rear wall of the structure of the garage, and this rear wall of the garage is the point where we begin to measure the separation to set the distance between this wall and this wall establishes the separation of the vigilance and that spot our ornament to the garage to be 15 feet. And I should note that the yellow square is an approximate scale and location. We don't have a site page for the exact page. And then we would measure from this wall at the third level of the property line to establish the size of that. And that is since as planned, it's a rather than a required footprint. Here is a drawing segmented by Arden. And this is in a different orientation. So when you're looking at this drawing, the top of the drawing is heading up toward the street, out toward the end. So the cool is what we can hear and then the garage is over there. So it says that we're standing in the back of the property and working towards the back wallowing pups. So this is the planter scale of the fertilizer. And then this, this half and half of the arrows to show the separation of the fertilizer and the rawage and the fertilizer and the probably one. It's the offspring. So this is an elevation view of the fertilizer. This is a. As for looking at one wall through the first lot, it's got three columns, one is a root, a total wide front of foundation, from a gray one to the top of the peak is pushing. That's not the subject of the department. Any very nice consideration, which is the idea that we are going to use. So the same set of circumstances and findings were applied to the space. So I did just read to them, so I'm not ordering them in. And they are screening this in the pressure. They're also in the state reporting. So I believe that's the last big of a question that I have to share about that. So I'll have to go back to the site plan and ask the questions. Is the Fergola approximately 24 by 24 or square? Okay. Okay. Okay. Fergola work. People. People. People. So they. Yes, it would be smaller than the path. The foundation path that has already been formed. The flatly required salon. The patients. It would be smaller than the path, the population path that has already been explored at the lively requires salon locations to make that happen. The columns would have to be moved in to the inside of the setbacks, the required setback, to accommodate the separation. So you see on the screen here, this row of columns is supporting the root, which is establishing the separation. Here, the output that could take this row of columns and put them over to have the basically shrink the size of the perforate. Then do the same thing that the columns on this size should have the perforate 7 feet here to accomplish, meaning set that, slide set that to the bottom line and then the separate. It would require a necessary permission. Any further questions from the board for staff? I do have one because I'm thinking about this. I'm sorry if I missed it. Was the slab already formed? It has been for that's okay. Even though that wouldn't that are you being approached in on the setback. So it is permissible for flat work to encroach. But once you go to the structure, you have to have the part of the setback in the setback. It's got you. Thank you. Any other questions for staff? Okay, let's invite the applicant to speak please. If you've 40 bucks in your eye, may I add a little bit of something? I am the one directly behind the property. Very much. You can speak. Still, but I turned it in the form of the young children. Okay, come on, Madam. I'm not a chair. Oh, they have an impact. I just like to knock off. Thank you. Yeah, you're welcome. So you have your packet. Okay, passing. All right, thank you. Sorry, I dropped your daughter. Where would that be? Where would that not be? Yeah. All right. Thank you. Sorry. Dr. Where would that be? Right. Right directly behind in between those two green ones right directly behind. Yeah. Yeah. Yeah. In between the two right. Yeah. Right behind the yellow box. Right. Yeah. Right there. Exactly. Overlook the yellow line. Right. Yeah, right there. Exactly. Overlook the entire vote. Thank you. This is the craziest point. We have a particular answer. Both the mouth is for ambition. I'm not a good thing. You can start whenever you're ready. Yeah. Well, essentially, adding to this and just going to give you the reasons why we went with the space that we went and obviously consulting with the neighbors ahead of time we didn't do this just it. We didn't want to piss anybody off. So essentially the space would be for multiple use. Part of it is, by neighbors over, and have enough space for accommodating more than one family, anything smaller than this, we think it's going to be, you know, it's just not suitable for having a few people over, as well as our kids are homeschooled, and they do tend to use the outdoor space quite a bit. Right now, we don't necessarily have that other than on the side of the house a few feet. And essentially, again, from a aesthetical and for me, any other point of view, it's not going to bother anybody at all. It's only going to add to the overall aspect of the property given that right now it's a flat surface that it's not really being used at anything else. And yeah as I said there are no the immediate neighbors have no objections to to the structure and I'm not any any questions at all. Hey, question. Can you share? I want context for this. The incline and why that's a issue. The incline. What was the question? At. Here's asking for additional detail on the slope or incline. Here's honestly question number one, about special circumstances, you describe, due to the steep incline of the yellow. Well, it takes, yeah, it's so essentially as the garage, as the back of the yellow square from there on it starts a very steep high up right so it goes within whatever's left there about 30 feet it goes at an angle I'd say probably 45 degrees or so and that's the reason anything would require a lot of digging and you know retention walls and so on to move further back and plus literally the yellow dot would be at the very edge of my neighbors down at the bottom you see the white structure. It will start there and end toward the garage essentially. So it's not going to be as much. He's not going to be able to see it literally a few looks from the garage straight. You won't see the purple idol. We've never worried about you. I'm trying to understand the issue of the inventory. So whether it's that size or the requirement, that's not the case. What is that chain? Which property? What's a current? You don't have, what's what print you want? Versus what is my comment. Well, the required one would be, as I said, fairly small. I understand. I mean, in reference to this steep incline, because I'm trying to understand. I was referring if we were. I was referring if we move it further back. We absolutely want to hear from there. Yeah. Absolutely. So if we were to move this further back and let's say in behind the garage or something on those lines, it would require the need to excavate quite a bit of that hill. And that's essentially what I was referring to to the to the steeping line up there Back back here You mentioned in that response that it could cause some risk of what the landslide and right Do you have anything from any any experts or consultants or contractors that says that? Not in writing. Why do you believe it to be true? Well, again, digging up a, you know, such a large vast amount of that dirt, you will even with retaining walls and so on. It will pose a risk at least, again, my opinion and people that are more familiar with these matters than I. Are you in the construction business or do you have particular expertise or knowledge about that type of work? Well, I'm in the engineering business and I basically just on my analogy with this, with looking at the terrain and so on and the sheer massive everything that's about. Is that slope fairly common in backyards of your other neighbors? Not everybody has this this for instance the neighbor next to me has a fairly gentle slope the neighbor on the other side again same fairly gentle this one is fairly I mean it's like a plane taken off literally about 45 degrees I'd say Any other questions for the applicant? Thank you very much. Thank you. This time 640 we'd like to open the meeting for public discussion. This is your opportunity sir. Yeah. Okay. Sure. Okay. Well, this is because I've had bad coal here. My name is Bill Catter. I, Iatter. I live in the property directly behind him. And for 20 plus years, I've been the CCNR guy for the HOA. And I can tell you we guard our properties gelously. To answer your question earlier, the property adjacent to his, if you can put the map up again We can give you back some of this time To you have it Okay. Okay. Yeah, that's okay. Right there. The property on the corner just above the yellow bar. Okay, stop. Read that right there. That property has a dug in 30 by 30 pergola without door kitchen and so forth. And this is much more conservative than that. And this was within the property, but if you had measured then internal to the lot line, the CC&Rs are not concerned about that, as you might imagine, because whether he's eight feet or 12 feet from that garage is not important at all, it's his land. And we permit readily that kind of construction if people apply for it and they had. My next tour in April just built a little thing for raising plants in his backyard adjacent to my fence, no objection. So we've been pretty tight with it. In fact, I have contested that particular lot that he's bought. The prior owner did violate CC&Rs, and I've enforced the rules, and she had to not put a construction site on the other side of a lot of mine, because she would have encroached on the on the easements. So what I don't understand here is why within the property lines, if he's eight feet or 10 feet away from his own garage, but well within the other boundaries of the property in the code, why is the city interested in a lot of detail, but the short answer is that these are restrictions set to preserve fire safety to preserve access to emergency vehicles to allow views to be made. There's a number and I'm not an expert. Yeah, okay. Well, if we go to those specifics, then I would say that there's no ingress or egress blockage whatsoever by that construction. So, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know, you know drops off maybe 20 feet. And so he's building it on the only flat place he has. So my view of it is he would, that would be more of an eye sore to me if he backed it up on that hill or if he dug out up against my fence and I had to look at more of the property and the construction. So from a personal standpoint, I say no problem. The next door neighbor is in total agreement with it to the south because his driveway even separates the easement line. So you have the easement line, his driveway, and then his house and property. He can't even see that. And the fellow next to me, Don Rurus, the H.O.A. President has approved it. I've approved it. They're all the neighbors that get a great enhancement to the property. And the code is there to be struck within reason, I believe. And so I don't know. You took it. You can take a very strict look at the code, if you like. I mean, you have that privilege. You see this code, but I didn't know it was there. If I didn't know it was there, I would have asked you to entertain me to change the code. Because I don't know of any fire ordinance that says you have to build that far, a pergola, not a structure or residence, but a pergola that far away from property to protect it, anything. So I don't get it, to be honest with you. I've been at this for a long time, and years past, as president of HOA's and other cities across the whole country, I've never seen anything like that. In fact, I was shocked to be anxious. I thought that he, he whole Eastman deal. I didn't really realize that the whole Eastman deal is between the lot line of the South and the neighbors yard and where the purgola starts. And the purgola is not an adjacent adjustment to a piece of the residence, it's just a pergola. If he places the pergola where he's proposed to place it, does that impact your view or your properties view of the land? Then what's whoever? None whatsoever. No. In fact, I went down, he called me to come down and take a look. And I said, I see nothing that violates the C&R. It's your property. As long as you meet that and I said, you better, you need to check City Code to make sure your site set back is, is, is, is keeping with the code. And your, your contractors probably already done that. It, this is going to be an attractive addition to the, to the, so I don't get it unless you just want to see where would you go in there with a police a fire truck a policeman or anybody else. It's fence all the way around it and the only way you get in is from the driveway on the top side. I don't know when you get to that property unless you climb offense. You'll have the access but Michigan. So it's my defense of the case. Thank you. I have one follow up question for the the applicant is, I don't know if that's appropriate. Okay, the question is with regard to the point number two on the application it talks about. It talks about a detriment to the public welfare. And the question is. Will the variance be beneficial to public welfare. Or will it be detrimental in your response was the variance will not be detrimental to And your response was the variance will not be detrimental to the public welfare or injurious to the property. So that is a response to the question directly, it's also the conclusion, right? What's the basis for that conclusion? Well, I'll start with again, the aspect first. We're not. And let me follow you. What I'm most focused in with me, for example, I look at that and I do have some concern about access along the side and I'll admit that I'm already a little concerned about access with the pool there. I don't know if we had to get police or nt vehicles or personnel back there. How exactly they would access that area? Well, there is access on the back of the garage, if anything, if a vehicle would work to go up, it would go on the driveway at the top of the property. And that's how you can access it or between the garage and the house, there is a breeze waiting or whatever is called one of those right here. Pathways. Yeah right there and that can be accessed again on foot. The vehicle can be parked on in the driveway. There are driveways from all the way down to all the way out to the garage. So there wouldn't be an issue for them accessing it, even if there is a stretcher involved or something. I have a question. On the left of the house, do you have the right and the right of the interior gate, right from that side of the outside of the house? On the left side of the house facing, to the top side? The left side is the wooden glass so it can be the other house, your neighbor's house and your house. Oh, right here. Right there. Yeah, right there. Yes, there is a gate. Yes. Yep. There is. There is. There is yes. Yeah, yeah. There are on both both ends. I mean, a vehicle can, because that's how we go all the way up right But left, as you say, the reason again, access for it. Yeah, there is a gate here. Any other questions for the applicant? Thank you again. Thank you. Any other questions or comments from the public? Just one. The purpose of the heritage is to determine if there's a permit for a barrage, it would be a very good thing to do. And I think just pause. the chairman of the district for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the community and for the You know, you all saw the same. I like to ask you to turn it. We go to the question. We would need to go to executive session. Yes. I will be. Maybe we can handle any other discussion not related to the attorney first. And then we can go into executive session. She suggested we can handle other discussion before going into executive. Okay. Any other points or questions? I'll add one thing. I know the owners of the public rates, public rates, you did my side. And he didn't mention the size of that patio back there. I mean, it is possible to that size of not not on your side, what on the ad labs? Okay, so it strikes me that we have a closer face in this instance, we do actually have an identifiable uniqueness to the property, a special circumstance relating to the slope that didn't really exist in the prior case. However, I'm on the fence about this, it appears that many of the yards in that neighborhood had a slope like that. When we drive along a Ridge Road and you look down to the neighbor that the entire area is sloped down very aggressively to Lakebury Hubbard. So they might have some difficulty in overcoming showing that it doesn't generally apply to the other properties in the neighborhood. That's my concern with this application. Are you prepared to vote on a motion to approve or deny without talking to the attorney. Well, then on your agenda, it says the Board of Adjustment reserves are right to meet an executive session close to the public at any time in the course of the meeting to discuss matters listed on the agenda is authorized by the Texas Open Meeting Act. It's in the small print. So if we need to adjourn to have speak on this matter posted on the agenda, a brief recess into it, you could read that into the record for that adjournment. We're just for five minutes, okay? And we'll keep it to less than five minutes. Yeah, I need you to go ahead and read that note. Okay, if you can see it. We're doing that. That you can just say that you're adjourning and then it would be the. The second page of the agenda. I should have brought my glasses. Okay. Someone else who can read it can also read it. Board of Justice, but reserves are right to meet an executive closed session public at any time. Okay. We we are exercising our right to meet an executive session close to the public briefly for the next five minutes starting at 653 p.m. Thank you again for taking the time. You know, women, we need to make sure their recordings turned off and that the door shut. Yes. Yes. You can go ahead and move to Sam. Okay. We are back on the public record at 6.56. And the board is still deliberating, are there any comments or questions the board would like to raise internal? And my question is, Slav or the board, did you get Senator Wilcoff? What if that was bad? And my sense is that based on what we heard, they may not need approval to pour the slab, they need approval to build up on top of it. The anybody in the process, what else? need approval to pour the slab they need approval to build up on top of it. That's what I'm hearing, yes. If you would like to hear from our building official we can bring her to we she can address the board. Would anyone like to hear? Yeah I'm willing to kind of curious. Lisa Price is our building official and can tell us the history of the slab. She loves speaking in public. Okay, I'm Lisa Price. The slab was not permitted and typically we do require permitting with any type of concrete work, whether it be driveways, pedios, whatever. So it was already pulled when he came in to talk to the office and I'm going to be able to come here. Right. Yeah, the questions. Would this, I'm sorry, would this slide have been permitted? Yes, because as a flat slab, it can encroach into the site. It's the structure over it that makes you now have to meet the setback requirement. So as a flat piece of concrete, it would have been fine. Right. Yeah. Nice. Sir. Um, I mean, I'm sorry. I'm sorry. The chair just has to give you. Yeah. That's all the question. Yes. If you define structure is a probability that has host roof on. Is there anything that has posts with a roof on it to consider anything that has a roof. No, let's get into discussion. Yeah. You do it with a roof. Good question. What was the slam door? Oh, maybe two months. Yeah. Well, since we, yeah, he called me down to look at the project to see if it's okay with the teaching art. And I don't know. I don't know. Danny, are you picking up all the audio from the room? Okay. We're going to need to address at the micro. Yeah. No, we didn't know that. Okay. Yeah, I went down and he had the drawings for that as well as the nice coverage. He's going to have like a tent between there and the pool to keep the sun off the pool and so forth. And the slab was rebar and everything was in there, right, ready to go. And I never thought there'd be a code myself, or anybody would have any interest at all, how close that freestanding Bogota was to the garage, especially since it, and I did look at the access because it's important. He has an automatic gate on that driveway up at the front of the house there. So that vehicle, I was calling a rescue squad to come to the pool or to a fire in the back. I direct them right to the back of that driveway and just walk behind that garage 25 feet in your right there at the Picoto or the pool. So I think there's plenty of whether you're in the access. I just want to add that because... Thank you, Jack. Yeah, thank you. Well, you're not going to slam the big problem and subscribe. Yes. I don't know. Yeah, thank you. Well, you might have a slightly different problem. It's a bit... I don't know. It's a couple of things. Okay. Hi. What are we doing? If you're going to speak, you have got to speak in the microphone. Because we're back. Keep it on the record. I hate to be the bad guy. It's your turn. Yeah. So I'm really struggling with even meeting this right department. I don't understand how it's peculiar to that. Why I'm not too unique. Maybe if I said that perspective I love the year. I mean, above see it, you're beautiful. I think in your yard, I can see wherever I'm appreciated. But I'm really struggling with just getting asked the first question, which is what's special about it. It has to be built. I think that's going to be the most difficult question that a lot of applicants have to overcome. In this situation, the answer could be that it's sloped more than other properties. I still have some questions to whether that's unique to this property, it develops into the neighborhood because it has to be peculiar and not generally, and doesn't generally apply to lands or buildings in the same neighborhood. And you need to sleep. It's not one on snow, that's only the thing. That's my sense. But it'd be nice if we had a little bit more input on that element to see that it's a unique slope to this property that's not present to other properties in the neighborhood. At least then, you probably need a neighbor. You can't like to. Yeah. So on the neighbor to the left and to the right, and I think the gentleman said that it's familiar with the neighbor to the left. Her slope is much, it's not anywhere near to how steep mine is, number one, and she had to dig in anyways. And the other neighbor to the right, so the one at the bottom of the screen there, is again, he has a fairly big retention wall in the slope from there goes fairly, fairly gentle. I mean, it's nowhere near to the way my, my lot is. So just to clarify, you need to build on this slab because you can't build on the slope dairy, which is also your property. What you're saying is, I don't want to put words in your mouth, but I'm asking, is what you're saying that you have to build there to do to because of this load? Well, from it is the best way place to build because this is the only surface, the only flat surface that can anything can be built without again excavating quite a bit of that hill and again my personal opinion which I'm not an expert but as I said I have some and engineering background it will affect the overall structure and and why not the safety on the base there and you could provide the regulations. It just would be not as large, not as functional, very sympathetic, you would be. We're talking about a difference of let's say seven seven feet from the neighbor, and yes, 2.5 off of my other property, my other structure there. And it still is on my own property. And I agree and respect the rules that's why I'm here. It's by all means I go by my regulations, and I respect what you guys are doing. And I want to comply 100%. If I have 20 feet of concrete and I build let's say 10 of it honestly I'm afraid it's gonna it's gonna trigger some complaints because it's gonna look very awkward to have 10 feet with a roof and then 10 feet without I mean it's going to be very awkward in my opinion All right, so it's it's the time. No, I think you can have a seat. Thank you very much So we we need to complete our deliberations and entertain a motion feeder approve or deny and If if the motion is to deny and and if that, if the result in a denial, my understanding is that the result of that is that you will need to wait six months and you could then reapply at which point you could provide additional evidence relating to danger to properties from digging into the slope access to the to the backyard for EMT with that up against the fence, and perhaps some of the other questions were raised such as what it would look like if it was built on half of the slab, but does anybody want to make a motion one way or the other? And I have one more. I think we need to call this one so I appreciate it. I think we're going to the, if you work to the not you would have six months to come back to us. That's my understanding that they're you can't come back until the end of the six month period unless there are some exceptions such as if there is a change to properties nearby, but borrowing that would be typically six months. And say that one of the three has to be changed its structure and that's it. It's good that the public reads know that that's the case. But from what we heard earlier, the slab would have been probably. But it's how it comes up. That's my understanding. But again, that's I think that, yeah, that's, I can't really answer that question. Okay, do we have a motion? Yes. So this matter could be tabled if you so choose for additional support if that's what is needed or it could be denied without prejudice. I'm just trying to make sure we could because your ordinance does have a six month period as you aptly pointed out. And typically, it's not only thought was, but I don't know if it's a additional, what could actually be supplied in evidence? Yeah, well, let's just read the paragraph here. It says, no appeal to the board for the same or related variance on the same piece of property shall be allowed prior to the expiration of six months from a previous ruling by the board on any appeal to the body unless other property in the immediate vicinity has within the six month period been changed or acted on by the board or the city council. So as to alter the facts and conditions on this property. The change of circumstances, it goes on to give relief if there is a change of circumstances that externally occur that affect this which which yeah, yeah. Okay, sorry. It's, it's, we would be a six month. You're correct. Yeah. thank you. Okay. Do we have a motion of the board? If you want to be correct, I need to go to say something else, please. Certain. No, I think we're done with this at this point. Well, you haven't explained to the gentleman what you mean. Sorry. I did not ask you to set a variety. So you need to make a point. I asked if it said or any. Any motion from the table. Okay, it's a motion seconded. All in favor say aye. Aye. All opposed say nay. May the motion passes applications tonight. And that concludes our hearing today. So we are adjourning at 709 PM. And I'm happy to chat with you guys right out of your life. Would you like to chat? Yeah. The things that we're doing are exactly in the community. So, you know, like them, we're going to come in and something would you rather just have to come and get in the way. And you can go out of the way.