[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