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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