February 23, 2026 Board of Adjustment Meeting

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[0:02] Good evening, ladies and gentlemen. The time is now 5:30. Um the board of
[0:06] adjustment, city of Castle Hills is now in session.
[0:10] Um the there is a quorum. Mr. Zurich is um again on Zoom. Cassidy is on excused
[0:19] absence this evening. Um
[0:25] item number two, the consent agenda. Um, may I have a motion on the consent
[0:30] agenda, please? Thank you, Mr. Lopez. Thank you.
[0:36] Got it. All in favor say I. It's unanimous. Thank you. Um, number three
[0:44] is um public hearing request from Mohammad and April Lazar.
[0:50] um a variance sideyard spacing between ABSU and principal structure as stated
[0:56] on the agenda. is I I just said since on this kind of agenda instead of having to
[1:03] do it over and over and over again, we're going to I'm going to officially
[1:07] open the public hearing, then close the public hearing without objection
[1:12] and then we will have the agenda item and those wishing to speak will have
[1:18] addressed during the agenda item itself if that's okay. If there's no objection
[1:22] to that. Okay. Um it is now 5:31 public hearing on this matter is open.
[1:30] There's no one wishing to speak. So 5:31 and a half public hearing is now closed.
[1:36] Item number four, discussion and pop possible action on a request from uh Mo
[1:42] and April Lazar for a variance of sideyard spacing between ABSU and the
[1:46] principal structure on a property located at 102 South Garden View as
[1:51] published in the agenda. Um, is there a motion for that item?
[1:58] » A motion. >> Thank you. Seconded by Mr. Lopez. Okay.
[2:06] Uh,
[2:13] » table because uh >> he was in a he was in a meeting. Um,
[2:17] yeah. And if you want to do it from the table with a mic, that's perfect.
[2:22] Yes, sir. Okay.
[2:25] » This has some interesting circumstances. Would you fill us in, please?
[2:30] » Yes, sir. This ABSU already exists and uh if I remember our conversation
[2:35] correctly, they want to improve upon the structure and they really can't do that
[2:38] until they come into current code. So, basically, they're asking for
[2:41] forgiveness and not necessarily permission.
[2:43] » And this was like the one we dealt with last last time with the compliance
[2:47] issue, bringing it up to zoning so they could do the improvement. wanting to
[2:51] come into the current compliance. Yes, sir.
[2:52] » Perfect. Thank you. Um, Mr. Rodriguez, did you wish to speak on this?
[3:07] Greetings, Board of Adjustment. My name is Joe Rodriguez, 110 South Garden View.
[3:12] Uh, my statements this evening are a matter of public record. I respectfully
[3:15] will communicate uh some questions specific to 102 South Garden View
[3:20] surrounding correlations and the variance being requested setback
[3:24] sideyards. Per the uh city uh Castle Hills publication to date this 102 South
[3:29] Garden View property is set for STR short-term rental permit starting March
[3:33] 1, 2026. concerns, correlations and other due to laws, ordinances
[3:39] involving zoning, architecture review committee, board of adjustment here at
[3:44] BOA. Setback sideyard is a component part of things going to occur at this
[3:50] property address. Land and buildings covering more than 66 and twothirds of
[3:54] the property. drainage, impervious, pvious cover, safety pool, fencing,
[3:58] volumes of trash placed, where what is near that are affecting setback
[4:02] sideyard. As the city of Castle Hills is conducting legal recording or
[4:07] documentation of this meeting, it should be noted that a multitude of activity
[4:10] will be growing on South Garden View because of existing problems. Castle
[4:14] Hills Police Department has selective documented incidents and dates of many
[4:18] sorts due to the property and/or trust owners at 108 South Garden View having
[4:22] rented to non-family. It's pool cabana. It seems to be a halfway house with
[4:27] questionable and always suspicious business ops occurring all hours of the
[4:31] day and night 24 by7. Vagrants and other suspicious hood covered sunglasses
[4:35] loading and unloading with different vehicles parking in multiple residences
[4:39] dropping and picking up backpacks, packages, strangers lurking in the
[4:42] shadows, accessing the cabana at 108 South Garden View 24 by7. The many
[4:48] people occupying this cabana like building are not caretakers or any sort
[4:52] of medical assistance in any form or manner. Possible subleting also seems to
[4:57] exist. The property and/or trust owners will try to escape and manipulate
[5:00] castills ordinances and more ongoing whenever questioned or asked. Another
[5:05] STR short-term rental located at 116 South Garden View also slated I guess
[5:10] from temp to renewal starting March 1, 2026. that is on South Garden View again
[5:16] with the uh specifics to 102 South Garden View setback sideyards.
[5:22] Should residents taxpayers safety security be of top concern? How would
[5:26] you prioritize public safety security when it is tied to variances which also
[5:30] has correlations to other ordinances and laws? Please
[5:34] share these public record questions and statements for the safety and security
[5:38] of your Castle Hills taxpayers and residents. Everyone, thank you for the
[5:42] allotted time slot within this public hearing.
[5:44] » Thank you, Mr. Rodriguez. Um, April, would you like to come up, please? Or
[5:49] Mo, you're going to do it. Okay.
[5:56] » Uh, good evening. >> Thank you. Do you have any questions of
[6:01] Mr. Lazarus as a homeowner? >> No. Let me finish them on.
[6:05] » Pardon me. >> I want to hear him all. Okay,
[6:08] » that's it. Who? Who? There's no one else to speak.
[6:14] No. >> Okay. Did you have any questions of the
[6:17] homeowner?
[6:20] » Good evening, sir. Um, number two on your application, you mentioned in 2008
[6:26] when the garage was built, the setbacks were 5 to 8 ft. That was the that was
[6:33] the standard then? >> Yes, it was.
[6:36] So Lou, in 2008, this structure was in compliance.
[6:41] » So I can't speak to what happened in 2008, but I can tell you that the
[6:44] current code says that a sideyard setback is 10 ft. And then it also has
[6:48] to be an ABSU has to be 10 ft from the principal structure or other ABSUs.
[6:53] That's what the current code says. >> Okay. So 2008, you're in compliance. Now
[6:57] the code has changed to 10. You're not adding to this building. You're you're
[7:05] doing stuff inside the current structure.
[7:07] » What we're doing is converting a garage into a studio for my proper use. I am an
[7:16] artist. I paint and I design sculptures. Some of them are on the grounds of city
[7:23] hall. That's it. >> Okay. Thank you. Oh, and then do we have
[7:27] any letters for this >> from neighbors or?
[7:31] » I didn't receive any letters. Did you, ma'am? Okay.
[7:35] Uh, Zach, did you have any questions, Zach?
[7:38] » I don't have any questions. Thank you. >> Thank you,
[7:42] Ian. Okay. Thank you very much. >> I would like to thank the board for
[7:46] taking the time to review our application. Thank you.
[7:50] » Thank you. The motion's been made and seconded. All in favor?
[7:56] » Thank you. It's unanimous. Thank you very much.
[7:59] Uh the next item is a public hearing on a request from Van Garcia for a variant
[8:05] sideyard spacing setback between ABSU principal structure on a property
[8:10] located at 111 Hibiscus as published in the agenda. Um again I am going to
[8:19] without objection I'm going to open the public hearing, close the public hearing
[8:23] and then hear public comments on the item itself. Um, it is now 5:38.
[8:30] Public hearing is now open. If there's no comment in public hearing,
[8:35] 538 and a half and it's closed. Um, item number five,
[8:44] is that right? Yeah. Item number six, uh, discussion possible action, uh, to
[8:50] request from Van Garcia. ABSU request setbacks as published on the agenda.
[8:57] Um, is there a motion for this one, please?
[9:01] Thank you, Mr. Lopez. Ian's made the second.
[9:06] Um, Van, you want to come up or Jane or
[9:11] who'sever's doing this?
[9:16] » Good evening. Van Garcia, 111 Hibiscus Lane. Um,
[9:23] other other than what's presented in the presentation,
[9:27] um, I'm requesting that there be a a change in the setback for a building
[9:32] that I'd like to put on my property. Um, way back when when the house was built,
[9:37] as you can see in the documents, that the offsets were 9 foot on either side.
[9:42] And now with today's rural residential, they're 25 feet. My my piece of property
[9:49] is 73 feet wide. So, you take 50 ft off of that, that gives me 23 feet right in
[9:54] the middle of the yard to put something up. I got a beautiful view from my back
[10:00] porch, 365 ft to my back fence. If I put that right in the middle of my yard, I
[10:06] won't have a view at all. Um, so I'd like to offset it to what would be the
[10:11] east side of the property and I would like to put it 5 ft off the fence line
[10:18] at that point. >> Okay. Thank you. Are are there any
[10:21] letters uh on this item? >> We do have one that was received an
[10:27] email from Mr. Jean Kelly. Um, the letter reads, "Good morning,
[10:33] Louie. My name is Jean Kelly and I reside at 112 West Castle Lane. This
[10:37] brief email is in reference to the board of adjustment meeting scheduled for
[10:41] 22326 pertaining to the variance requests
[10:44] filed by Van Garcia. After speaking with Mr. Garcia and understanding the scope
[10:49] of his project, I as a property line sharing neighbor, I have absolutely no
[10:54] objection to his plans. Please feel free to forward this email to anyone involved
[10:58] in this matter. >> Thank you very much. Uh Van, you want to
[11:01] step back for just a second. Peter, did you want to make a comment? Thank you.
[11:05] » I I would like to say one more thing. There were two submitts. Um Susie Moody
[11:10] submitted one also. She sent it to you. She's But I guess it was never received.
[11:17] » I never received it. >> We missed it. Okay.
[11:19] » I I have a copy of it if y'all need it. If we don't
[11:21] » Why don't you give the copy to Michelle, please?
[11:23] » Okay. >> Thank you. Peter, you want to get up and
[11:26] speak? >> Evening. My name is Peter Bella. I live
[11:30] at 110 Hibiscus, right across the street from Van and uh I'm just as you saw with
[11:36] Jean Kelly's letter, I'm also supportive of uh Van's initiative. So, thank you
[11:42] very much. >> Thank you, Peter.
[11:48] She has to receat that and then she'll read it to us.
[11:54] I'm sorry. Oh, okay. Um
[12:01] All right,
[12:05] Rick, do you have any questions?
[12:12] » He wants to build back. Is that >> clarify that for me a little bit?
[12:18] » Do you have your mic on, sir? >> He wants to build further back.
[12:23] » He's going to be building in his backyard. The question is the side
[12:27] sideyard setback. He has a long thin lot and if he adheres to the 25 ft setback
[12:32] on either side, he's going to have a literally a 20ft structure. So he wants
[12:37] to can it over to the east close. >> And how close is he going to be to the
[12:41] property line? >> Five.
[12:43] » He'll be 5 ft. >> And there Yeah. And there's no neighbor
[12:46] there. >> Okay. Yeah, that's all I wanted to know.
[12:49] Thank you.
[12:53] » Go ahead. Who's on the the east property line?
[13:00] What's that? >> Who's on the east property line? You
[13:03] said there there's >> Yeah, I don't know the name of the owner
[13:05] there, but there is no house at that structure there. No, it's it's all these
[13:10] lots are oneacre lots and there's nothing on the back of the other lot.
[13:15] » And Susie Booty is on this side and her house is a full 250 ft.
[13:23] No, we're not going to. Any other questions?
[13:28] Zach, do you have any questions? >> Sure. Uh, for the homeowner, I guess the
[13:34] only question was why the east side of the lot versus the west. I the
[13:39] orientation offset makes sense to me. I was just curious if there was background
[13:44] to one side versus the other. >> A good question. So, from the way my
[13:50] house is situated, the right hand side of the house or the east side of the
[13:54] house is our master bedroom. And there are no windows looking north to the far
[13:59] end of the property, but you go to the west side of the house where the kitchen
[14:03] and dining room is. We have windows there that look out over over the
[14:07] property. So, on the east side or the right hand side of the property, it
[14:11] would be h not hidden. Now, you still be able to see some of it, but the vast
[14:15] majority of the building would be offset and not visible to our view from the
[14:20] kitchen or the back porch. >> Anything else?
[14:23] » Thank you. >> You okay?
[14:27] » I'm fine. Thank you, >> Ian.
[14:31] » I was going to ask uh was it what was the dimensions? I didn't clearly see
[14:36] that. There was a a box drawn for 30 by 30.
[14:39] » Yes. >> And a box drawn for 40 by 40. So the the
[14:42] the plan is a 30 by30 building. >> Okay.
[14:45] » And the 40x40 is a the an extension of the the foundation for parking pad for
[14:51] because I don't a little more to the story. I bought the house in 1999. It
[14:56] does not have a garage. It never did have a garage. And so way I I don't know
[15:02] 2016 2014 we had a hail storm. It total two of our cars. So we just bought we
[15:08] both bought new to us cars. and we don't want that to happen again. So, it we're
[15:13] trying to find a way to protect those things as well as lawn equipment and
[15:17] other things that I need to be putting away instead of just pack parking out in
[15:22] the yard. >> Understood. So, the 45 40x40 is the
[15:26] concrete pad. Yes, sir. 30 by 30 is the structure.
[15:30] » Yes, sir. >> But both are going to be 5 foot offset.
[15:33] » Yes, sir. >> Okay.
[15:36] No further questions. >> No further questions. Motion
[15:38] » one for for Louis. So it shows that he's going to be 16 feet tall. Is that
[15:43] within the the rules that we have here?
[15:47] » 16 code says that an ABSU uh can only be 35 ft in height or no higher than a
[15:53] principal structure, whichever is less. And so that 16T is less than his
[15:58] principal structure. So he's he's legal.
[16:02] » Okay. So it's legal. >> Yes, sir. Mr. Chairman, we have that
[16:05] letter on. Mr. Of course, he is going to let uh the city secretary read the
[16:09] second letter. You can go ahead. >> Go ahead.
[16:14] » This is from the neighbor on the west.
[16:20] » This is from Susie Moody.
[16:28] This is Susie Moody at 303 Foxh Hall Lane. I am fine with Van and Jane adding
[16:33] the building. If you have any questions, feel free to call me or email her. She
[16:39] is also the owner of 307 and fine as well. Susie.
[16:44] » Okay. Any questions of that? Any questions? Motion has been made and
[16:49] seconded. All in favor say I. >> It's unanimous. Thank you very much, Mr.
[16:54] Garcia.
[16:58] Item number seven is a public hearing portion
[17:01] um for uh Chris and Emil Garcia for a
[17:07] variance sideyard spacing between ABSU and the principal structure as published
[17:13] in the agenda. Uh the will adhere to the same rules as we did before on public
[17:19] hearings. If there's no objection, um being no objection, the meeting, the
[17:26] public hearing is now open at 5:47. Public hearing is now closed at 5:47 and
[17:33] a half. Um, agenda item eight, discussion and
[17:38] possible action on a request from Chris and Emil Garcia for variance sideyard
[17:45] and spacing between ABSU and principal structure
[17:49] located at 122 West Castle Lane as published in the agenda. Um, Mr. Garcia,
[17:57] are you doing it tonight? We all looked at this and said, "Wait a
[18:01] minute, weren't they here before?" and we had to refresh our memories a little
[18:04] bit about why you're here again. >> Yes, sir. Uh we're we want to put a pool
[18:09] in the back yard and we're putting a outdoor kitchen and if I go off the of
[18:17] the 25 ft setback rule, uh I will be encroaching on the septic uh system that
[18:24] we have in the backyard. So, I'm asking for this variance to be able to stay
[18:29] away from our septic system. Um, and it'll also help because it'll be in line
[18:35] with with the house. >> This is the item that you had sort of
[18:38] brushed by us when we were here before and you didn't do it because you hadn't
[18:44] finalized your plans when we approved your garage. And that's correct.
[18:48] » Mr. Garcia, can you state your name and your address for the record, please?
[18:51] » I'm sorry. >> My name is Chris Garcia and I live at
[18:53] 122 West Castle Lane. >> Thank you. Um, does just does that
[18:58] refresh your memory of the house we're talking about?
[19:01] Okay. Um,
[19:05] God, is everybody new? >> No, you may have been gone.
[19:10] » I may have been gone. >> He may have been gone.
[19:12] » Oh, he you were gone. I'm sorry. Okay, but you know what we're talking about on
[19:16] this one. Okay. Um,
[19:21] » the previous
[19:23] » Yeah. Why don't Why don't >> Rick ask your questions.
[19:29] So there, what is there currently there right now? It's just bare. I'm kind of
[19:34] confused with the septic. I didn't know there was septic here in Castle Hills.
[19:37] Yes. >> Yes. We have an aerobic septic system in
[19:39] the backyard and it's behind in the backyard behind my house. Um so we're
[19:46] we're going to put the pool. If I had to go with a 25 foot set back, it would be
[19:51] on top of the septic system. So, I'm asking for a variance to put it in line
[19:58] with the house, which would be about 15 ft um off the side fence and then I
[20:03] would not be on top of my aerobic septic system.
[20:06] » Okay. All right. That's all I had.
[20:13] » Good evening. So, your garage is off the table now? No, I have I'm I'm in the
[20:19] works with it too as well, but um I have to I have to plan it with the
[20:24] construction before I just start taking off. So, I'm trying to get everything,
[20:29] you know, planned and and that way I I don't get I don't
[20:33] handcuff myself while trying to build in my backyard.
[20:37] » Okay. So, if I remember correctly, then your
[20:41] garage is going to be on the east side of your property.
[20:44] » On the east side, yes, sir. on the on the back south uh east corner.
[20:48] » And that's how many feet do we give you there?
[20:52] » Um I don't have it in front of me, but it the 10.
[20:57] » Okay. Do you have a structure here?
[21:07] There trees involved. >> Yes. In this project,
[21:09] » I've got beautiful trees in the back. Yes, sir. And so you can't build either
[21:13] because of the septic and the trees. >> Well, the for the for what I'm
[21:17] requesting in variance today is because of the septic for my shop building is
[21:22] because of the trees. So I've got a big group of five trees,
[21:27] heritage trees in the middle. If I move my that shop over 25 feet, I would have
[21:33] to knock all of them out.
[21:38] » Right. I think we talked about him.
[21:48] But we advised you that if we grant these, that doesn't mean you get to do
[21:52] them if you have to do um what's the previous coverage? Sorry. Have you
[21:56] factored that in? >> Yes.
[21:58] » I know we're not talking about that today, but you you are considering that.
[22:01] » Yes, sir. >> Okay.
[22:03] » Oh, I have >> Zach, do you have any questions?
[22:08] Yeah, I I mean I guess that would just be a followup to Justin's. So I
[22:12] understand that the only agenda item is for the the the setback,
[22:17] but maybe it's to Louis. I mean the stage of of which that's analyze is that
[22:22] is that something that comes next or how does that work?
[22:27] » I'm not sure I understand the question. >> Well, the question is same thing as we
[22:30] were talking about. If they approach impervious cover, they've got to come
[22:34] back and address that. >> Correct. and and they were talking about
[22:37] last time using uh a paper system, a drainage system, something like this
[22:43] that would and they're not asking tonight for an impervious cover
[22:47] variance. >> Understood. Okay. So, that's a that's a
[22:51] second that would be a second application review period if
[22:55] » that would be that would be the third application if necessary.
[22:58] » Yeah. Understood. Okay.
[23:04] So, the garage has been built in. >> It's been approved.
[23:07] » Okay. That's where I wasn't really too sure.
[23:09] » Zach Ian, sorry.
[23:12] » No, I think the discussion's handled all of my Did I get it?
[23:17] » Uh, Mr. Worth, I I notice you're signed up. Would you stepside, Mr. Garcia, and
[23:22] let Mr. Worth come up and give us his comments, please?
[23:31] Gentlemen, Terry War, 124 West Castle Lane. I'm his neighbor.
[23:39] Chris can do whatever he wants to as long as it fits with y'all's guidelines,
[23:44] of course. I'm being a little lighthearted, but um uh we don't have
[23:49] any problem with it at all. >> Great. Thank you very much, sir.
[23:52] » Yes, sir. Thank you all. >> So, the bottom line is you support the
[23:56] application. Is that Terry? Bottom line, you support the
[24:01] application. >> Support the application.
[24:04] » Thank you very much. >> Thank you very much.
[24:10] » Do we have any letters on that one? >> It came to my attention.
[24:13] » Okay. The motion's been made and seconded. All
[24:17] in favor say I. It's unanimous. Thank you, Mr. Garcia.
[24:23] Ladies and gentlemen, oh, announcements. I realize we have a new agenda item
[24:27] announcements. Um, there are no applications for next month. Is that
[24:32] correct? >> There may be
[24:37] there there may be up to four. >> Okay. Well, then we're
[24:40] » that's why I was hesitant. >> What now?
[24:42] » There may be up to four. That's why I was hesitant.
[24:48] » April. >> No, we're talking about March.
[24:50] » Oh, there's none for March. >> That's what Okay.
[24:53] » That I'm aware of. I need to check. >> Everybody next time's going to have to
[24:56] eat before they come. Okay. Including me. All right. Uh there is not a meeting
[25:01] in March. We I'm sure we'll have a packed agenda in April. Any
[25:05] announcements, Mr. Lopez? Any announcements? Ian, Zack, any
[25:10] announcements? Perfect. Thank you very much for attending this evening. This