Agenda
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[0:09]
>> Good evening. Welcome to
[0:09]
the regular city of New
[0:11]
Braunfels Board of Adjustment
[0:13]
meeting. We are a five-member
[0:14]
board that is appointed by
[0:17]
City Council pursuant to state
[0:19]
law. This board hears request
[0:21]
from property owners for
[0:22]
variances and special
[0:24]
exemptions from locally
[0:26]
adopted ordinances. This board
[0:27]
MAY also hear appeals of
[0:30]
decisions made by city staff
[0:30]
and administering these
[0:34]
ordinances. The general
[0:34]
procedure for each case is a
[0:37]
board will hear first from
[0:38]
city staff who will provide a
[0:40]
summary of each applicant's
[0:42]
request. Then the applicant or
[0:43]
agent will be asked to come
[0:46]
forward and advocate for the
[0:48]
request next. The board or
[0:49]
Quest public comment from
[0:50]
anyone who would like to speak
[0:52]
in favor or in opposition to
[0:54]
the request. Those speaking in
[0:55]
favor or in opposition will be
[0:58]
limited to 5 minutes. However,
[0:59]
the chair does reserve the
[1:01]
right to adjust these times.
[1:02]
The board will keep all
[1:04]
discussions to the issues at
[1:06]
hand and cannot deviate in 2
[1:08]
unrelated topics or areas that
[1:08]
do not contribute to the
[1:10]
merits of this request. After
[1:12]
the close of the public
[1:14]
hearing, the pending case will
[1:15]
need to have a motion and a
[1:17]
second to the motion from the
[1:18]
board members in order to
[1:22]
proceed to a vote in order for
[1:23]
request to be approved. State
[1:25]
law requires that 4 out of 5
[1:26]
of the board members vote to
[1:29]
approve the variance requests.
[1:31]
The request fails if no motion
[1:32]
or second is made for
[1:35]
approval. If denied the same
[1:38]
or similar request cannot
[1:39]
reappear before the board for
[1:42]
at least 6 months unless new
[1:43]
substantial evidence not
[1:44]
available at the initial
[1:47]
hearing is produced by the
[1:48]
applicant. Any aggrieved party
[1:50]
MAY appeal a decision made by
[1:52]
this board and appeals are
[1:52]
made to the district court or
[1:54]
county court of law. And if
[1:56]
you have any questions, you
[1:58]
MAY City staff member after
[2:00]
the meeting. All right. Can I
[2:02]
have role call? Police? Member
[2:07]
quickly? Member am here member
[2:12]
I Alternate member Schneider
[2:18]
here, CHAIRMAN Here. Thank you
[2:20]
so much. First rule on on the
[2:22]
agenda is the approval of the
[2:25]
JUNE 25th 2026 regular meeting
[2:29]
minutes. I make a motion to
[2:32]
approve. I second the motion
[2:33]
great. Can we have ruled on
[2:37]
that? Please. Member quickly.
[2:39]
Member am yes member right
[2:42]
know. Yes. Members Schreiner
[2:47]
yes, and yes, thank you.
[2:49]
Moving down. We have citizens
[2:53]
communication and then we're
[2:54]
gonna move to our public
[2:56]
hearing that items for
[2:56]
individual consideration was
[3:01]
moved down. There. First item
[3:04]
this evening, c s 2, 6 Dash,
[3:06]
0, 2, 6, 2, a public hearing
[3:06]
and consideration of a request
[3:10]
by 24 design on behalf of a
[3:12]
nerd can't Black New Braunfels
[3:14]
Holdings, llc for an alternate
[3:18]
site plan to allow a proposed
[3:19]
American flag to exceed the
[3:20]
maximum allowable size for
[3:22]
flags for property within the
[3:24]
c-one be General Business
[3:26]
district and with frontage
[3:30]
along loop 3.37 currently
[3:34]
addressed at 9.36 Loop 3.37,
[3:36]
MR. Barker, hello, and Little
[3:36]
MISTER Chair and Good Evening
[3:37]
board members called Barker
[3:38]
with neighborhood in community
[3:39]
planning.
[3:41]
>> For your consideration this
[3:41]
evening is a proposed
[3:43]
alternative sign plan. This
[3:45]
request is not a sign
[3:47]
variance, rather. It's the
[3:48]
appropriate process for
[3:49]
considering proposals that MAY
[3:51]
not fully comply with the city
[3:53]
sign code because of this. A
[3:54]
hardship is not required and
[3:55]
approval MAY be granted by a
[4:00]
simple majority of the board.
[4:01]
The subject property is in
[4:02]
nearly 2 acre commercial lot
[4:04]
home to the original Black's
[4:06]
barbecue and located at the
[4:07]
intersection of Loop 3, 3, 7,
[4:10]
and Common Street and has
[4:11]
frontage on both of those
[4:14]
roadways. The property is
[4:15]
located within the c-one be
[4:17]
General Business district and
[4:18]
sits near the center of an
[4:22]
active commercial corridor.
[4:22]
Residential zoning as can be
[4:23]
seen on the periphery of the
[4:28]
area here. Here's a few photos
[4:28]
of the property is seen from
[4:30]
across the loop and along
[4:32]
Common Street showing the
[4:32]
properties frontage along both
[4:36]
of the roadways. Staff notes
[4:37]
that the site contains an
[4:40]
existing non-conforming pull
[4:41]
side advertising the
[4:42]
restaurant as well as an
[4:43]
abandoned pull sign structure
[4:43]
that historically served
[4:47]
previous restaurant uses. A
[4:48]
few more photos here. And we
[4:51]
can always come back to these.
[4:52]
Standards for flags and
[4:53]
flagpoles are established
[4:55]
under the city sign ordinance.
[4:57]
A comparison of the proposed
[4:58]
alternative plan to the city's
[4:59]
existing standards can be seen
[5:02]
here in this chart. Fleck
[5:03]
sizes are limited to a maximum
[5:04]
of 40 square feet across all
[5:07]
zoning districts and flagpoles
[5:08]
are set to a maximum height of
[5:09]
25 feet and most zoning
[5:11]
districts. Flagpoles located
[5:14]
within the c-one be district
[5:15]
are permitted to exceed the
[5:18]
typical 25 foot height limit
[5:19]
up to the maximum building.
[5:20]
Height permitted in the
[5:20]
district, which in this case
[5:26]
is 75 feet. The proposed
[5:27]
alternative plan and requests
[5:29]
that American flag be allowed
[5:30]
to exceed the maximum flags
[5:30]
signs established under the
[5:34]
city sign ordinance. The
[5:34]
applicant notes that the
[5:35]
proposed increase in flags on
[5:37]
his to 96 square feet is
[5:38]
intended to be approx
[5:39]
appropriately scaled to the
[5:40]
new 60 foot flagpole planned
[5:44]
for the site and would ensure
[5:45]
proper visibility and
[5:45]
proportional appearance
[5:50]
relative to the taller poll.
[5:50]
They emphasize that the flag
[5:52]
is intended to serve as a
[5:53]
prominent patriotic feature
[5:54]
for the restaurant,
[5:54]
particularly given the
[5:55]
properties frontage along
[6:00]
heavily trafficked roadways.
[6:00]
The provide a site plan shows
[6:01]
that the flag pole is set back
[6:02]
more than 50 feet from the
[6:03]
property lines along both of
[6:07]
those roadways. Staff is
[6:08]
recommending approval of the
[6:10]
request with the following
[6:11]
conditions consistent with the
[6:13]
intent of the alternative site
[6:15]
plan process condition. Number
[6:17]
one would be that that only an
[6:17]
official United States flag
[6:18]
MAY exceed the maximum flag
[6:20]
size up to 96 square feet. In
[6:23]
condition. Number 2, the
[6:24]
abandoned formerly utilized
[6:25]
sign pole be removed from the
[6:29]
property. The proposed flag
[6:31]
Sajdak seat proposed flag size
[6:34]
exceeds the standard allowance
[6:35]
is proportionate to the taller
[6:36]
60 foot flagpole allowed in
[6:39]
the property. Zoning.
[6:40]
Stephens. The proposal would
[6:42]
enhance site visibility and
[6:43]
the recommended conditions
[6:44]
would help reduce existing
[6:47]
nonconformities on the site.
[6:48]
Since posting the agenda for
[6:49]
this meeting. Staff has had
[6:49]
additional discussions with
[6:50]
the applicant regarding
[6:53]
condition number 2. They've
[6:54]
indicated that there are
[6:55]
future plans to utilize the
[6:59]
event in Seoul. Sign pole and
[7:01]
intends to submit a separate
[7:01]
alternatives signed plan
[7:04]
request for its use. This will
[7:07]
conclude our introduction, the
[7:08]
applicant believe MR. Black is
[7:10]
for this evening. I'm happy to
[7:11]
answer any questions you MAY
[7:15]
have for staff. Thank you,
[7:15]
sir.
[7:16]
>> Do we have any questions
[7:22]
for Colton this evening?
[7:23]
>> Do you know height? So the
[7:25]
signs out there that are out
[7:28]
there ready existing.
[7:29]
>> I don't have an exact
[7:31]
height on since I've been
[7:32]
doing this a little bit. I
[7:33]
give them at least the 40
[7:35]
feet. Just all of them.
[7:38]
>> Right. But the the
[7:38]
original.
[7:42]
>> Lex looks even tall.
[7:45]
>> It might be And as seen in
[7:47]
the past, a lot of these signs
[7:49]
existing in town established
[7:50]
for the city, had a sign code
[7:50]
around 2009 or is when we
[7:54]
adopted that. So a lot of
[7:55]
these are still in existence.
[7:56]
They're grandfathered in, but
[7:57]
they're just considered
[7:57]
nonconforming. Okay. All
[7:59]
right. Thank
[8:03]
>> Coca-cola has the for the
[8:05]
existing abandoned sign. Yes,
[8:08]
sir, has it. Been submitted
[8:14]
and is it going to conform?
[8:15]
Johnston?
[8:16]
>> We it would also, I
[8:18]
believe, fall into one of
[8:18]
those nonconforming
[8:19]
categories. It's shorter than
[8:22]
the existing black signed. But
[8:24]
staff has met with MR. Black
[8:26]
some of these folks in the
[8:26]
past to discuss potential
[8:27]
options for utilizing that
[8:28]
signage. And it's kind of a
[8:31]
tough cookie to crack here.
[8:32]
The current sign codes allow
[8:35]
for a pulse at that size at
[8:36]
this location or within the
[8:39]
property zoning district. But
[8:40]
the applicants made clear that
[8:42]
they intend to potentially
[8:43]
realize that okay, ended but
[8:44]
not submitted. Get correct?
[8:48]
Yes, sir.
[8:49]
>> Thing else on the other end
[8:50]
of the table. So the the
[8:52]
height. That they're looking
[8:55]
to do is currently would-be
[8:57]
conforming at the 60 foot can.
[8:57]
75 feet currently allowed?
[9:00]
Yes, sir. So it's just
[9:02]
basically the size of the flag
[9:04]
itself. Yes, sir, that's
[9:05]
that's what the this
[9:06]
alternative site plan is
[9:09]
proposing. Just a
[9:10]
>> Exceeding of the in the
[9:14]
setback 50 foot vs. Believe
[9:16]
the typically it would be just
[9:17]
5 feet for flag pulls off the
[9:18]
off the property line. But
[9:21]
given the location over
[9:22]
supposing it. Yeah, at least
[9:25]
50 feet will
[9:26]
>> Let me ask you one
[9:28]
question. How far back as the
[9:29]
current signed when I read the
[9:32]
packet, I I understood there
[9:32]
they're going to put it where
[9:33]
that current sign was. So I
[9:34]
might have misread that.
[9:38]
>> And you wouldn't be a a
[9:38]
when Jamie for that because I
[9:39]
thought the same It's going to
[9:42]
go right with that old poll is
[9:42]
that's what looking back at
[9:43]
the property. It's actually a
[9:46]
street street pole, parking
[9:48]
lot like right where the
[9:49]
flagpoles looking case. That's
[9:51]
going to replace that parking
[9:52]
lot. That's our understanding
[9:53]
at this time. But perhaps some
[9:54]
stuff. Okay, that's no. That's
[9:57]
fine. Thank you for clarifying
[9:59]
All right. No other questions.
[10:01]
Thank At this point, we would
[10:04]
like to ask the applicant to
[10:04]
come up and please state your
[10:05]
name for the address.
[10:14]
>> His name for the record.
[10:17]
Hello, I'm Mark Stewart.
[10:19]
Architect with 24 7 at 605,
[10:20]
which drive New Braunfels,
[10:24]
Texas.
[10:25]
>> Thank you. Would like to
[10:26]
tell us about your project,
[10:30]
all that so that this you see
[10:31]
the flag is appropriately
[10:34]
located. Well, back from the
[10:35]
setbacks.
[10:35]
>> And ideal location even
[10:36]
interfere with current
[10:41]
parking. And did our homework.
[10:43]
And we've proportionately size
[10:45]
the flag to be proportional to
[10:46]
the height, but not over the
[10:47]
top. Literally. No pun
[10:53]
intended. In regards to the
[10:54]
existing nonconforming sign
[10:58]
that that the blacks want to
[11:00]
work with us to come up with a
[11:01]
conforming solution to bring
[11:03]
it back to life. What I'd like
[11:06]
to suggest is. That that be
[11:10]
considered on the stone. As an
[11:12]
application in at that time we
[11:13]
can address it's full
[11:17]
compliance. I would like
[11:19]
behalf of the owner suggest
[11:21]
that we approve the size of
[11:23]
the flag and then let that
[11:27]
other sign be addressed fully
[11:29]
in a separate application. The
[11:30]
other side is not on our
[11:31]
agenda this evening. We're
[11:32]
just don't work and worried
[11:34]
about the Understood. Yeah. I
[11:35]
mean, that's a condition for
[11:35]
the flag. Esteban suggesting
[11:48]
that get women? The questions.
[11:51]
So will this replace the line
[11:52]
that is in the parking lot or
[11:53]
is this going to be in
[11:56]
addition to be in addition to
[11:57]
it'll sit back in the striped
[12:00]
area where there's no parking
[12:02]
>> About 10 feet away from
[12:03]
that. And the reason is so we
[12:04]
can keep that light where it
[12:06]
is and had this beast its own
[12:11]
structure, 60 foot hole. Okay.
[12:14]
And only going to be housing
[12:15]
American flight or are they
[12:16]
going to stack flags all the
[12:17]
way down?
[12:18]
>> Given that there's a 90
[12:19]
covid. Could you go back to
[12:23]
that? You know, we have
[12:24]
maximum size of 96 square
[12:28]
feet. Just kind trying to
[12:30]
envision what else is going to
[12:31]
be on there. Just the American
[12:35]
flag see American All right.
[12:36]
Do we have any other questions
[12:40]
for are
[12:42]
>> So it's going to be flying
[12:44]
24, 7, correct? Yeah. So what
[12:45]
the intent was to have
[12:46]
appropriate lighting. Okay. So
[12:48]
like the flag downer up, I
[12:53]
guess to be up the Point
[12:54]
towards the flag. I guess that
[12:55]
would be a question for the
[12:56]
city. It needs requirements
[12:57]
for. Whatever lighting we
[13:04]
have.
[13:05]
>> I usually try and be
[13:05]
prepared for your question.
[13:08]
Don't have with at the moment.
[13:09]
But typically are what we
[13:10]
don't have an official dark
[13:11]
skies policy in place. We do
[13:12]
try and strive for dark skies
[13:16]
where where possible. All had
[13:17]
something that as well.
[13:18]
Kristie Lu, any planning to
[13:24]
record city of Braunfels if a
[13:25]
flag erected raise for the
[13:26]
rector MISS For a flag, U.S.
[13:29]
Flag or state flag. And of
[13:30]
course, with approval of the
[13:32]
board for the size and such as
[13:34]
requested. I believe the
[13:35]
federal government requires
[13:35]
that it be lighted at night.
[13:36]
So even if the city had
[13:39]
limitations lighting, we would
[13:40]
be able to enforce those of
[13:41]
the federal government
[13:43]
mandated up lighting for the
[13:44]
lights.
[13:45]
>> Well, thinking down, like
[13:45]
can you can also live
[13:50]
different way. But let's pull
[13:52]
And I think, too, that it
[13:53]
would be of focused
[13:54]
directional light. What we can
[13:54]
control the being very
[13:57]
precisely.
[13:58]
>> To hit the flag and not
[14:01]
project behind it. I do have
[14:04]
one more sorry.
[14:09]
>> Why it is why 60 feet like
[14:11]
that is tall. Even though I
[14:12]
understand 75 foot for the
[14:14]
commercial is, you know.
[14:18]
>> Allowable.
[14:19]
>> But like in that area, 60
[14:20]
feet, would be like really
[14:22]
high.
[14:26]
>> And I'll tell you why the
[14:29]
the property is surrounded by
[14:31]
power lines and they're at 40
[14:35]
2 feet above the ground. So as
[14:36]
we studied the placement of
[14:39]
the flags, so that would be
[14:39]
visible when we had a low and
[14:42]
that 40 some odd foot range.
[14:44]
What we found looking at the 3
[14:46]
d model and study in the site
[14:47]
was that as you are looking
[14:48]
at, you be looking at the flag
[14:51]
through power lines. So 60
[14:52]
foot was that magic number
[14:52]
that got the flag above the
[14:53]
power lines were when you're
[14:57]
looking at it, you didn't see
[14:58]
wires obscuring their view. So
[15:03]
that's why it's not high. All
[15:04]
right. Any other questions for
[15:07]
the initial eruption? Thank
[15:11]
you. Thank you.
[15:13]
>> At this time, anyone else
[15:14]
would like to come up and
[15:15]
speak in favor of this as the
[15:19]
applicant. You're there
[15:20]
anybody else for the
[15:21]
applicants like speaking
[15:26]
favor. All right. That will
[15:27]
open the public. Are you
[15:27]
coming up for the public?
[15:29]
We'll open our public.
[15:32]
>> part of this hearing, if
[15:34]
you like to come up and speak
[15:35]
in favor or in opposition
[15:36]
state your name, please. They
[15:37]
didn't want district 5. I am
[15:40]
going to every board meeting.
[15:40]
>> In a wooden quite sure what
[15:43]
this one was. You know, I live
[15:45]
on the condo condo on the
[15:47]
river and what to look out at
[15:48]
night. Cypress been there's
[15:49]
this giant flag that just
[15:52]
flies above the whole city.
[15:53]
That is such a wonderful view
[15:56]
to see and such a statement.
[15:59]
Of New Braunfels. This
[16:03]
culture, what we believe in
[16:06]
you know, American flag is a
[16:07]
very simple thing that ties
[16:08]
back to your cultures in our
[16:10]
founding. That is really being
[16:11]
bashed in many ways. The
[16:14]
culture is sort of trying to,
[16:15]
you know, diminish America
[16:16]
many way to changing change.
[16:18]
Now, but be a great thing.
[16:20]
Him, you know it. It's a
[16:20]
wonderful business and
[16:21]
wonderful civic-minded owner
[16:22]
sell. I'm very much in
[16:25]
support. Thank you, Thank you.
[16:29]
Appreciate that. All right. We
[16:30]
have anyone else like to speak
[16:31]
in favor. Please feel free to
[16:31]
come up and state your name
[16:40]
for the record.
[16:41]
>> Hello, everyone. My name is
[16:44]
Kent Black. And I'm sorry. I
[16:45]
missed the to get up there.
[16:49]
Quick enough for the time. I
[16:49]
just want to thank all of you
[16:53]
for your service. And I know
[16:54]
what doing is very important.
[16:57]
And it's been a real honor for
[17:01]
me and my family to be in New
[17:02]
Braunfels and do our best to
[17:05]
be a part of the community my
[17:07]
mother's first language was
[17:13]
German. So of I enjoy German
[17:15]
culture and no one has a
[17:17]
little kid and the German I
[17:20]
learned was when I was doing
[17:21]
something bad, one answered
[17:23]
uncle as would the use some
[17:26]
different phrases. But
[17:28]
appreciate you all's
[17:29]
consideration and thank you
[17:31]
for your public service. Thank
[17:35]
k. Anyone else like to speak
[17:40]
in favor. Okay. Would anyone
[17:41]
like to speak in opposition of
[17:43]
this?
[17:44]
>> Seeing none. We'll close
[17:47]
the public hearing board
[17:48]
members. Do we have any
[17:53]
discussion? Do we
[17:54]
>> Emotions that someone like
[17:58]
to make? I came up with a new
[18:01]
question for Colton, the slide
[18:06]
that has the current, the I
[18:06]
guess what's allowed height
[18:08]
was inside Buzz. It shows that
[18:10]
the c-one be he's allowed of
[18:14]
75 feet. Do you know? What is
[18:16]
allowed just and see one would
[18:20]
be the same as the c-one be.
[18:21]
In the neighboring properties
[18:23]
are all c-one is why I'm
[18:24]
asking the question. It seems
[18:25]
like this property itself as
[18:28]
the c-one be.
[18:28]
>> Yeah. And actually sure I'm
[18:31]
understanding your question.
[18:34]
If a similar height would be
[18:36]
allowed in the c-one nearby.
[18:36]
Correct. Give me one moment. I
[18:37]
think I have paper copy of the
[18:41]
full chart. They would have.
[18:43]
That information for in
[18:45]
regards the flagpoles
[18:46]
particular or yes. And I guess
[18:46]
that's part of our discussion.
[18:48]
The reason I'm asking is just,
[18:49]
you know, obviously with this,
[18:50]
you know, setting a precedent
[18:55]
of this is. Does every see one
[18:56]
zoning down the Loo then say,
[18:59]
well, I also want all right,
[18:59]
super tall. That's a good
[19:05]
question. Year is Yes, I
[19:06]
included this line here. This
[19:08]
is the code eggs for
[19:08]
government of flags and you'll
[19:12]
notice at the bottom letter d
[19:14]
lists the other zoning Dick's
[19:15]
districts that this is allowed
[19:16]
to where it can match whatever
[19:17]
the maximum height is for that
[19:20]
zoning district. It does not
[19:22]
appear that see one is in that
[19:23]
category. Icc, one b and c 2
[19:25]
and so on. I don't see. See
[19:33]
one in there. Okay. Thank
[19:37]
Discussions. Emotions anyone
[19:42]
like to make on I want to make
[19:44]
a motion. But again, my
[19:47]
opinion just with the other
[19:47]
signs being nonconforming, if
[19:49]
there is potential that.
[19:51]
>> I feel like in our other
[19:54]
sign alternative plans.
[19:55]
Usually there's like some type
[19:56]
of trade off like, hey, we
[19:57]
want to go from 4 signs to one
[19:59]
large signs. We want a large
[20:00]
on. I feel like with this
[20:02]
request, it just asking for
[20:05]
that. Almost feel like it's
[20:06]
theirs. Something going to
[20:08]
come up in the future with the
[20:10]
2, looks like there's 2
[20:11]
existing poll signs. I don't
[20:12]
know if both would be allowed
[20:15]
in the zoning, but it seems
[20:17]
like some type of plan that
[20:19]
incorporated the flag and the
[20:20]
2 existing signs.
[20:20]
>> I think if we follow the
[20:21]
city's guidelines and saying
[20:23]
that they would have to and
[20:24]
then the other that they're
[20:25]
going to do this, I have no
[20:26]
problem with
[20:27]
>> think it's a separate
[20:29]
issue, too. That would be a
[20:33]
separate issue in.
[20:34]
>> Cold could you read what
[20:35]
the what your recommendation
[20:38]
was for city, please,
[20:42]
>> We had recommended that
[20:42]
we've recommended approval of
[20:45]
the proposed plan with the
[20:46]
condition. One that only an
[20:47]
official United States flag
[20:48]
MAY exceed the maximum flag
[20:52]
size up to 96 square feet.
[20:53]
Addition to that, the
[20:56]
abandoned former joining Curry
[20:57]
knows last Gennaro the
[20:58]
existing remaining structure
[20:59]
be removed. Just the polls
[21:05]
there. Use that exact. For my
[21:09]
motion. And mean, to restate
[21:10]
that I can or we can just use
[21:12]
exactly how cold properly
[21:15]
stated that we can. All you
[21:16]
can also freeze. It with the
[21:17]
conditions listed in the staff
[21:18]
report. Like, yeah.
[21:21]
>> We also. Make sure it's
[21:22]
only the flag like I don't
[21:28]
want. 2 years from now.
[21:29]
Something else is going to be
[21:30]
out something else is going to
[21:31]
get. Then something you know,
[21:34]
then it's like that car
[21:35]
dealership. Would you like to
[21:36]
motion your motion with my
[21:39]
staff,
[21:42]
>> It again,
[21:47]
>> making a motion.
[21:49]
>> For the flag pole has
[21:52]
proposed at 60 feet with the
[21:53]
96 square-foot flag with
[21:54]
United States flat. With no
[21:58]
other. Do I do. The commission
[22:00]
commission now with no other
[22:01]
flights attached to that one
[22:07]
poll. In addition, this second
[22:08]
condition of removing the
[22:10]
existing. Signs on the
[22:12]
property.
[22:16]
>> As stated in the
[22:17]
>> as stated in the staff
[22:22]
recommendation. Okay.
[22:23]
>> We have a motion that we
[22:23]
have a second to that motion.
[22:27]
I'll second that motion. All
[22:28]
Can we have a roll call,
[22:32]
please. Member quickly. Member
[22:36]
am.
[22:36]
>> Member reckon.
[22:40]
>> Yes. Member Schreiner. Yes,
[22:43]
and I.
[22:44]
>> Thank you. Congratulations.
[22:50]
Your motion is passed. Items
[22:52]
for consideration with us.
[22:54]
Let's talk about Zb. 2, 6, 6,
[22:57]
that 0, 0, 0, 9, a public
[23:00]
hearing in consideration of a
[23:02]
request for a variance from
[23:04]
Section 1, 4, 4 dash, 3.3 dash
[23:07]
to be one. I I to allow an
[23:10]
accessory structure structure
[23:12]
to encroach. 25 feet into the
[23:16]
required. 25 foot corner side
[23:18]
setback with the art to a
[23:21]
chill single family. 2 family
[23:24]
Historic landmark District
[23:25]
currently addressed at 307,
[23:29]
North Gunther's Avenue. And so
[23:33]
mouthful, Sorry.
[23:34]
>> Good evening. Chair and
[23:35]
board members, Mary level with
[23:37]
neighborhood in community
[23:39]
planning department. The
[23:40]
subject property is a 2 story.
[23:42]
1900 square-foot single-family
[23:45]
residential home constructed
[23:48]
in about at about 1920,
[23:48]
located at the corner of North
[23:51]
Gunther Avenue and East Bridge
[23:54]
Street. It is owned are 2 and
[23:56]
is surrounded entirely by are
[23:59]
2 properties. The existing
[23:59]
house. It's only about 8 feet
[24:00]
from the corner side property
[24:02]
line, which is what the
[24:06]
variances for today is the to
[24:09]
encroach into that corner side
[24:10]
property line, which is
[24:11]
significantly significantly
[24:12]
closer than today's required.
[24:17]
25 foot corner site setback.
[24:18]
These photos show the current
[24:19]
conditions of the side yard
[24:22]
along the corner of East
[24:24]
Bridge Street and North Gunter
[24:26]
Avenue as well as other
[24:26]
structures and fences that
[24:27]
have been built very close to
[24:30]
the property lines. The
[24:30]
applicant originally applied
[24:34]
for a garage, a variance for a
[24:35]
garage to encroach into the
[24:37]
set back in JUNE of this year.
[24:40]
But concerns were raised at
[24:43]
that time regarding vehicle
[24:43]
circulation and backing out
[24:47]
safety at this intersection.
[24:49]
The garage component has been
[24:51]
removed and the applicant is
[24:52]
now requesting only an
[24:55]
accessory storage building,
[24:56]
the applicant states that the
[24:57]
request is in harmony with the
[24:58]
purpose and intent of the
[25:00]
ordinance allowing a
[25:02]
reasonable accessory structure
[25:05]
without affecting neighboring
[25:07]
properties. The hardship
[25:09]
results from physical
[25:09]
characteristics of the lot and
[25:12]
is tied directly to the
[25:13]
historic development up to
[25:17]
this point. And the current
[25:18]
code requirement to have a 25
[25:20]
foot yard Set-back. Side yard
[25:24]
setback. The site plan shows
[25:25]
the proposed storage building
[25:28]
along the existing fence line.
[25:30]
The proposal is for storage,
[25:31]
only eliminating any of the
[25:32]
traffic impacts that were
[25:35]
associated with the previously
[25:37]
requested variance for garage.
[25:40]
The building is modest in
[25:42]
scale and maintains the
[25:43]
residential character of the
[25:44]
area. Additionally, the
[25:46]
building would be located
[25:49]
along that existing fence line
[25:50]
resulting in little to no
[25:52]
visible change to the side
[25:52]
yard appearance from either
[25:54]
the street or surrounding
[25:58]
properties. Notices were sent
[26:01]
to 20 property owners.
[26:02]
Surrounding property owners
[26:05]
and staff has received 7
[26:07]
responses in favor and one in
[26:10]
opposition. The applicant is
[26:12]
here to present and advocate
[26:13]
for their request. And I can
[26:14]
also answer any questions that
[26:17]
you MAY have for staff. Thank
[26:17]
you, ma'am. Do we have any
[26:23]
questions for staff? Have a
[26:24]
question. I don't know if you
[26:26]
know the answer. One of the
[26:27]
think the opposition card
[26:28]
mentions something about the
[26:31]
garage not approved.
[26:33]
>> The drawing doesn't show
[26:34]
any doors on that structure.
[26:37]
Is there any information on?
[26:38]
What would be in that
[26:38]
structure for doors? I did
[26:42]
have a a.
[26:43]
>> Someone reach out about the
[26:43]
doors so this could never be
[26:45]
turned in if this was approved
[26:47]
tonight, this could never be
[26:48]
turned into a garage with a
[26:52]
garage door on the outside
[26:54]
because as was stated in the
[26:55]
variance request, you would
[26:58]
need multiple variances for
[27:00]
that. And so that would not be
[27:02]
allowed by code in order to do
[27:03]
that. You know, an applicant
[27:05]
would have to come back and
[27:08]
asked for a variance for at
[27:10]
least 2 different berries
[27:11]
variance requests. I did
[27:14]
notice that in the one person
[27:15]
that was opposed to the
[27:15]
requests they stated in their
[27:19]
car that they we're against a
[27:21]
garage, but they were okay if
[27:22]
it were just a storage
[27:25]
building with no the garage
[27:25]
door along the roadway of East
[27:29]
Bridge.
[27:30]
>> And is there a current rear
[27:32]
setback or is that only going
[27:33]
to a side said that? I believe
[27:35]
that they're going to be
[27:37]
meeting the rear setback and
[27:39]
that is 3 feet in the rear.
[27:40]
Which is under allowed under
[27:42]
our current code.
[27:46]
>> So see exact same size that
[27:47]
we saw 2 months ago, they just
[27:51]
removed the garage door.
[27:53]
>> That I think that's very
[27:54]
it's very similar in size. If
[27:55]
not smaller. I don't have the
[28:01]
other. Dimensions with me to
[28:03]
tonight that the applicant
[28:03]
refer to rule on the last as
[28:07]
well. I don't see that either.
[28:10]
>> Yeah, that the it's always
[28:11]
recommended that the applicant
[28:11]
strictly, you know, the
[28:12]
floorplan on the left. You
[28:15]
know.
[28:16]
>> Image isn't really
[28:17]
necessarily required. They
[28:18]
could have just had the
[28:19]
property outlines. So we just
[28:22]
want to focus on the you know
[28:25]
what the request is today.
[28:26]
>> And if whatever variance,
[28:30]
if we approve the variance. If
[28:31]
a garage or was at a later
[28:34]
time without approval.
[28:37]
>> That would most likely be a
[28:37]
code compliance issue
[28:40]
enforcement issue. Okay. All
[28:41]
right. Thank you. Okay. Thank
[28:44]
you. And at this time invite
[28:45]
the applicant to come up to
[28:50]
the podium. You will come in.
[28:55]
He says, okay,
[28:57]
>> Just trying to pull a shed
[28:58]
in my backyard so I can store
[28:59]
things like that. I please
[29:00]
have your name for the record.
[29:04]
I'm sorry. Gregg Williams.
[29:07]
Yeah. Trying to but a shed to
[29:12]
store items like a on Moore's
[29:13]
yard tools, personal tools,
[29:16]
things like that. We are
[29:18]
trying to preserve some space
[29:21]
for, you know, living space in
[29:22]
the backyard. So that's that's
[29:26]
goal. You have questions for
[29:34]
the applicant.
[29:35]
>> Yeah, I've got I've got a
[29:37]
question and so stated at our
[29:39]
last meeting. My concern was
[29:40]
having the building right on
[29:43]
the property line. You know,
[29:45]
would you be open to shifting like 5 feet from the
[29:49]
property line? You're set on
[29:54]
having it right. On the right
[29:56]
away. You know, I'm just
[29:58]
concerned having a building
[30:00]
exactly on the boundary line.
[30:01]
It could encourage him to the
[30:02]
right away if it's not bill,
[30:04]
perfectly. And that's
[30:05]
typically why there's some
[30:09]
kind of setback.
[30:11]
>> Yeah, I would be flexible
[30:13]
shifting it over a few I were
[30:16]
just again trying to preserve
[30:17]
as much space in the backyard.
[30:20]
It's a pretty small lot. So I
[30:21]
didn't want the shed to be
[30:22]
like in the middle of the
[30:25]
backyard. If we were to follow
[30:26]
like the back requirements,
[30:26]
that's essentially what
[30:30]
happened and who would be
[30:31]
pretty awkward. But moving it
[30:32]
over close to the property
[30:35]
line is kind of the goal.
[30:37]
Yeah, definitely open that the
[30:38]
size. That and to answer the
[30:39]
question about the size is the
[30:41]
exact same size as before. But
[30:43]
we're flexible and modifying
[30:49]
that if needed.
[30:49]
>> Thanks against your doors
[30:53]
will be on the inside of the
[30:56]
property. No doors to the
[30:56]
street, no doors to the
[30:59]
street. All on the inside.
[31:01]
Okay. Yeah. All right. Now I
[31:02]
understand that we have any
[31:03]
other questions for the
[31:08]
applicant. All right. Thank
[31:10]
you. Thank you. We will open
[31:11]
up the public hearing at this
[31:13]
time. If we have anyone who
[31:13]
like to speak in favor of this
[31:16]
happened. Please come up and
[31:17]
state your name for the
[31:23]
record. My name is Damon
[31:24]
Spears.
[31:25]
>> And I mean, House number 9
[31:29]
right there on the couple
[31:30]
houses down from break. And my
[31:31]
wife and agree that, you know,
[31:33]
have a storage unit there to
[31:35]
be able to put things and he's
[31:35]
he's amassed. I think
[31:36]
everybody in this room has a
[31:39]
place that they store stuff.
[31:40]
And and I'll take it asking
[31:43]
too much. So I would
[31:44]
appreciate if you guys could
[31:45]
strongly considered great have
[31:46]
storage unit there to but
[31:48]
things having it outside. So
[31:50]
thank you so much. Thank you,
[31:54]
sir.
[31:54]
>> Would anyone else like to
[31:55]
step up and speak in the favor
[32:01]
of this? Would anyone like to
[32:01]
speak up in opposition of
[32:08]
this? Seeing none. We will
[32:11]
close that segment go to
[32:11]
discussion board that we have
[32:13]
any discussion comments. Or
[32:16]
motions. We like to make. I
[32:21]
agree with that I.
[32:22]
>> Have a lot of heart from
[32:22]
with the building being right
[32:23]
on the property line. I I
[32:28]
just. I can do that. So I'm
[32:30]
just I feel like it needs to
[32:32]
moved 5 foot, 3 5 foot with
[32:38]
the ideal. Like a side lot.
[32:39]
Being right on the property
[32:42]
line is just. A permanent
[32:43]
structure should not be there.
[32:46]
>> You're saying 5 foot in
[32:51]
towards the other.
[32:52]
>> I mean, either make the
[32:52]
shed smaller or shift at 5
[32:56]
feet like. I mean, that's kind
[32:59]
of up to the owner. But
[33:00]
permanent structure should not
[33:07]
be on The property line.
[33:07]
>> Any other thoughts,
[33:10]
comments otherwise?
[33:13]
>> I don't have any feelings
[33:15]
on the the property line. But
[33:16]
with most of these variants,
[33:18]
as we look at that have to do
[33:19]
with historical, my feelings
[33:22]
is good with that, too.
[33:23]
Maintain their being a
[33:24]
historical home there. So. We
[33:27]
do approve it. I like to add
[33:31]
the condition of like the
[33:31]
existing footprint and high to
[33:32]
that structure remaining in
[33:35]
place. The house was ever torn
[33:37]
down to build something new.
[33:44]
Variants wouldn't. We need to
[33:46]
make a change for the setback.
[33:52]
I don't disagree with.
[33:57]
>> Other comments. Do we have
[33:58]
any motions anyone would like
[34:10]
to make evening? All right.
[34:10]
I'm sorry to see no motion. We
[34:11]
will not be able to approve
[34:12]
variance this evening. And
[34:21]
even into the next. Zb to 6
[34:24]
Dash, 0, 0, 1, 0, All the
[34:25]
public hearing and
[34:26]
consideration of the request
[34:28]
for a variance from Section 1,
[34:30]
4, 4, that's 5 dot for e to
[34:32]
allow detached excess
[34:34]
restructure to exceed the
[34:36]
height. The main dwelling by
[34:38]
10 feet. One, the ends within
[34:43]
the are one 86 0.6
[34:45]
single-family residential
[34:47]
district currently addressed
[34:52]
at. 31 want to come and drive.
[34:53]
>> The subject property is
[34:54]
developed with the 1200 Square
[34:55]
Foot. Single-family home built
[35:00]
in 1960. It is owned are one a
[35:00]
6.6 and is surrounded by
[35:04]
similar single-family zoning
[35:06]
structures. The applicant
[35:07]
proposes a detached two-storey
[35:08]
structure that includes a
[35:11]
garage on the ground floor and
[35:11]
in excess retooling unit on
[35:14]
the second floor. As shown in
[35:16]
the photos, the property is a
[35:19]
corner lot with significant
[35:21]
setback constraints. A 25 foot
[35:22]
front setback along the North
[35:23]
West frontage and a 15 foot
[35:25]
corner set site setback along
[35:29]
the southern frontage these
[35:29]
limitations reduce the
[35:32]
buildable area of the law. The
[35:34]
site plan shows the location
[35:37]
of the proposed to story
[35:37]
accessory, building the
[35:41]
structure would be 22 feet.
[35:42]
One inch tall, which exceeds
[35:43]
the height of the existing 12
[35:47]
that tall home. And the
[35:49]
applicant is requesting a
[35:50]
Hyperion to 10 feet one inch
[35:52]
to accommodate both the garage
[35:54]
and the accessory dwelling
[35:56]
unit with one combined
[35:56]
building placed in the rear
[35:57]
yard. As shown on the site
[36:00]
plan. The rear lot could not
[36:02]
sustain the building at 2
[36:04]
separate structures because it
[36:06]
would exceed the lot coverage
[36:06]
for accessory structures in
[36:09]
the rear yard. These
[36:16]
elevations. Illustrate the
[36:17]
scale and appearance of the
[36:18]
proposed 2 story, accessory
[36:21]
structure window placement has
[36:22]
been intentionally
[36:23]
intentionally designed to
[36:26]
maintain privacy by voting
[36:28]
avoiding direct views into
[36:30]
neighboring properties and the
[36:31]
proposed structure would meet
[36:32]
all setback requirements for
[36:36]
detached, accessory buildings.
[36:37]
The request is consistent with
[36:38]
the spirit of the ordinance in
[36:41]
aligns with the draft lto
[36:42]
which proposes a uniform. 35
[36:45]
foot high cap for all
[36:46]
residential structures,
[36:47]
including accessory structures
[36:51]
on residential lot. The
[36:52]
applicant states at the height
[36:53]
variances necessary due to the
[36:56]
lots restrictive setbacks and
[36:58]
the low height of the existing
[37:00]
home and the need to combine
[37:02]
the garage and the accessory
[37:06]
dwelling into one structure.
[37:07]
Public notices were sent to 22
[37:10]
surrounding property owners
[37:11]
and staff received 9 mailed-in
[37:15]
responses in favor of the
[37:16]
request and one in opposition
[37:18]
as shown on the response map.
[37:20]
The applicant is here to
[37:21]
discuss their request. And I
[37:22]
can also answer any questions
[37:26]
for staff. Thank you, We have
[37:32]
any questions for staff on
[37:33]
>> It's a one story. Is
[37:37]
existing dwelling and this
[37:37]
because it's one story. The
[37:42]
atu can't be higher than that.
[37:46]
Why So a lot of houses over 2
[37:47]
stories. So the property owner
[37:49]
has stated that they need a
[37:50]
garage or covered, you know,
[37:51]
garage.
[37:52]
>> And so what they wanted to
[37:55]
do is combine and also a space
[37:56]
for children or family
[37:58]
relatives for an accessory
[38:01]
dwelling It's very it's very
[38:05]
common that people do it
[38:06]
downstairs garage with the
[38:11]
apartment above. And and so
[38:12]
because there's so much
[38:14]
limited space in the rear
[38:14]
yard. We also have a
[38:16]
requirement that you cannot
[38:18]
cover more than 30% of the
[38:21]
backyard. So that in addition
[38:22]
to what they're trying to add
[38:24]
on the property, you can also
[38:26]
only have 2 accessory
[38:28]
structures in a rear yard and
[38:32]
this would be one. But it
[38:32]
would be a combined one in
[38:34]
instead of like spreading it
[38:36]
out and covering the entire
[38:38]
backyard, which would not be
[38:41]
allowed there proposing to go
[38:44]
up right and and do still have
[38:46]
a question related to that.
[38:47]
Well, because it's 10 foot
[38:50]
above the existing So
[38:51]
>> is it because the existing
[38:54]
home is only one story and
[38:56]
that's so so there is a
[38:57]
requirement in the code which
[38:59]
is in the caption.
[39:03]
>> It's a section that states
[39:04]
that any excess restructure,
[39:05]
any building that you would
[39:06]
put in your backyard like a
[39:09]
storage shed. It cannot exceed
[39:11]
the height of the main home.
[39:13]
Okay. Got it. And that's why
[39:14]
anything that would even if it
[39:14]
was just one foot over, we
[39:16]
would be they would have to
[39:19]
request a variance, but
[39:20]
they're adding an extra story.
[39:22]
So that's where the 10 feet
[39:25]
one inch times in a clay.
[39:30]
explained.
[39:30]
>> You know, it's going to ask
[39:32]
so it's.
[39:33]
>> It's being attached to the
[39:37]
main structure
[39:38]
>> No, they would not be able
[39:39]
to attach it to the main
[39:44]
structure because so they they
[39:46]
have a line between images,
[39:48]
the distance. They're not
[39:49]
attaching it to the main
[39:50]
structure. If they did, they
[39:50]
would have to have a 20 foot
[39:55]
set back any Maine structure
[39:57]
would require it to be set
[39:59]
back 20 feet and that there
[40:00]
isn't that much room back
[40:03]
there to be able to
[40:04]
accommodate that. It would be
[40:04]
part of remained willing,
[40:07]
okay.
[40:10]
>> Yeah. It's going to ask to
[40:12]
could receive that opposition
[40:13]
card. If put in a car it or
[40:15]
no, sir, I didn't bring I can
[40:19]
pull it up on agenda packet
[40:22]
does anybody have a copy of 4
[40:24]
o'clock email you got to He
[40:26]
yes to End up acting on lines
[40:27]
and have the opposition want
[40:29]
to add all the approval ones,
[40:30]
but not the. So if I remember
[40:31]
correctly, the opposition one
[40:32]
that came through that email
[40:34]
today. So I think it was from
[40:35]
the neighbor would be on top
[40:37]
of this picture about privacy
[40:38]
concerns. And I think they
[40:39]
could see into house lives
[40:41]
with
[40:43]
>> Got it. Yeah, you're
[40:45]
correct. There is that was
[40:47]
email sent out with all of the
[40:48]
and up to date a male e mail
[40:48]
notices that we received in
[40:50]
one of them.
[40:51]
>> Was in opposition and it
[40:52]
stated to what you just
[40:57]
mentioned. And I can go back
[40:57]
to that response map so you
[41:01]
can see it there.
[41:01]
>> a rethink a vacancy and
[41:04]
they're up Yes. Any other
[41:08]
questions for staff over here?
[41:09]
>> Mary MAY not know, but
[41:10]
there's an existing tree on
[41:13]
the lot. And I assume that
[41:15]
it's going to be completely
[41:17]
removed. Let the applicant
[41:18]
speak to the treaty. In just
[41:21]
to let you know that
[41:22]
residential
[41:23]
>> development, they are
[41:25]
allowed by right to remove
[41:26]
trees or shrubs for the
[41:29]
development of. Buildings
[41:33]
things on the lot. There would
[41:34]
not be any mitigation that
[41:36]
would be required. Not at this
[41:36]
time under our current code.
[41:40]
Okay. All right. Any other
[41:43]
questions for staff?
[41:44]
>> Okay. At the Avenue would
[41:46]
like to come up and speak on
[41:47]
your behalf. Just state your
[41:48]
name. For the record. Come up,
[41:55]
please. That's
[41:59]
>> Jana Prof the owner. First
[42:00]
want to start off by saying
[42:01]
thank you to marry. She's been
[42:05]
so wonderful. Lovely in. As
[42:08]
completely naive citizens.
[42:09]
Coming to the so blind. She's
[42:14]
been of sync. Okay. So just
[42:16]
for a quick statement, I guess
[42:21]
the necessity. Is it for the
[42:22]
last 15 years, 3 things have
[42:26]
been true about my family. My
[42:27]
husband is worked out of town
[42:27]
over half the month and we've
[42:32]
had.
[42:33]
>> Separate little one-bedroom
[42:34]
house that he lived in place
[42:37]
us when he was gone. We've
[42:38]
always had over 800 square
[42:40]
feet of storage for my
[42:42]
husband, blue collar man to
[42:43]
have all the things all of the
[42:47]
welding equipment, the drill
[42:49]
press, the power washer. The
[42:50]
thing that most people would
[42:51]
run to my husband owns and it
[42:51]
is to improve our home to
[42:54]
improve our neighbors. Homes.
[42:59]
And number 3, my boys of all,
[43:01]
we shared a room with bin a 5
[43:02]
person family in a 3 bedroom
[43:09]
house. Our entire lives. Last
[43:10]
AUGUST. My husband actually
[43:11]
got a job in New Braunfels
[43:12]
area that allowed him to move
[43:14]
home more permanently. We did
[43:18]
not sell. The home that he was
[43:19]
living in place is for this
[43:22]
last year. Wall. Sure that
[43:24]
this job was going to be good.
[43:25]
We're going to still be able
[43:27]
to make ends meet with this
[43:32]
job and and we still have that
[43:33]
storage. But he has so many
[43:33]
things that he needs having
[43:34]
this. And we've also been.
[43:39]
Paying for storage unit. And
[43:41]
so we knew that a garage was
[43:41]
going to be an immediate
[43:44]
necessity for him to be home.
[43:46]
And so when we started the
[43:47]
process initially back in
[43:49]
FEBRUARY of just first making
[43:52]
the plan to just get a garage
[43:52]
built where the concrete
[43:53]
existing concrete driveway
[43:54]
isn't that back portion of the
[43:58]
House? Of a lot? And we were
[43:59]
talking initially with
[44:02]
contractors. It was that at
[44:03]
that time I think brought to
[44:05]
this level detention and one
[44:06]
of the contractors came and
[44:09]
spoke with her and was like
[44:10]
note that we're not going to
[44:11]
be able to build a garage
[44:12]
there. There's no room for you
[44:13]
to build a garage. There. And
[44:21]
so. We knew also. My oldest is
[44:22]
17 in the senior and his
[44:23]
brother that he shares a room
[44:25]
with the 16 and my daughter is
[44:27]
14. She's always had a room.
[44:33]
Writes, but we know that we're
[44:33]
coming to a point where we're
[44:34]
going to have not just 2 boys
[44:38]
sharing a room. In within the
[44:38]
next 5 years. The plan was to
[44:39]
potentially at square footage.
[44:41]
Sure home. Where we're
[44:45]
building that would and rush
[44:47]
accessory apartment where we
[44:47]
could just have an extra
[44:49]
bedroom for a win. A married
[44:53]
couple comes to visit or child
[44:56]
boomerangs back and they need
[44:56]
a little
[44:57]
>> space. But a space that's
[44:59]
their own. And so we knew that
[45:01]
those 2 things we're going
[45:02]
need the necessities for
[45:05]
family. And when we found out
[45:06]
we couldn't have both because
[45:08]
of the lot restrictions or
[45:16]
could have a garage. We had to
[45:17]
go up. There's just no way to
[45:25]
get both and not go up. The.
[45:26]
It is not going to be a garage
[45:26]
will not be a driveway. It
[45:28]
will be a shop and the
[45:31]
proposed back part of it was
[45:35]
so that my husband could have.
[45:36]
The shop door in the back so
[45:37]
that he could load and unload
[45:38]
it struck walking to and from
[45:39]
that from our existing
[45:44]
driveway. But it is not. It is
[45:46]
just a shop on the bottom. So
[45:47]
it's not really a rush
[45:51]
apartment. And just to clarify
[45:51]
that when I was talking to
[45:55]
with our contractor, the cost
[45:55]
of raising our roof line and
[45:58]
elevating a roof line. He gave
[45:59]
a bit of an additional $80,000
[46:02]
which is just when the whole
[46:02]
thing together is going to
[46:06]
cost. Maybe 200. Which is
[46:08]
already a really tight stretch
[46:10]
to do all at once as opposed
[46:11]
pacing it out over several
[46:16]
years. To raise the roof are
[46:19]
roofline cost prohibitive or
[46:23]
to add a second story is even.
[46:26]
And speaking to the tree and
[46:29]
that tree, would we are going
[46:29]
to have to take down no matter
[46:32]
what it is dropped. Lim twice
[46:35]
under House one on their the
[46:36]
opposition Benson broken that
[46:40]
fence once on that neighbor on
[46:41]
the night, large large
[46:42]
branches that have caused
[46:43]
damage to to a neighboring
[46:44]
properties and our own. And
[46:52]
so. I hate to lose a tree.
[46:53]
That is one that's going to
[46:53]
have to come down for just the
[46:56]
safety for safety reasons. For
[47:00]
neighborhood Harmony. I will
[47:03]
say, too, that as you
[47:05]
mentioned, there multiple
[47:07]
houses were 1960's whole
[47:08]
neighborhood with 1200 Square
[47:10]
foot homes as the majority of
[47:14]
our neighbors and just in the
[47:15]
little circle. It just go to
[47:17]
that little map. Welcome to
[47:18]
this one. That was good
[47:21]
enough. So in just a little
[47:21]
lot of coma, a little ashmore
[47:23]
circle there.
[47:24]
>> You know, there's been 4 or
[47:25]
5 homes that have been leveled
[47:28]
in a 2 story has been put up
[47:31]
in the its place and we want
[47:32]
we can afford a debt left
[47:33]
grows best in small houses.
[47:38]
But though it our neighborhood
[47:40]
is still in harmony with those
[47:42]
people changes. We love those
[47:43]
neighbors. You know, those
[47:44]
neighbors invite the girls
[47:45]
next door in their 1200 Square
[47:46]
foot home to come play
[47:48]
pickleball in their backyard.
[47:49]
You know, one of the neighbors
[47:51]
that built a 2 story home that
[47:52]
does overlook other people's
[47:56]
property. Hit. He says
[47:57]
Professor Texas State offered
[47:59]
to have my son who was
[47:59]
interested engineering. Come a
[48:02]
listen to will hit one of his
[48:03]
lectures. They're lovely.
[48:04]
People were lovely
[48:04]
neighborhood in her money and
[48:07]
I'm not surprised. 9 of my
[48:10]
neighbors. Road in
[48:13]
specifically to say they were.
[48:14]
For us. We do. We're very
[48:16]
supportive community. And it
[48:18]
is a very supportive
[48:20]
neighborhood. And I will just
[48:21]
speak to the only one in
[48:24]
opposition. Is not a resident
[48:25]
of our neighborhood there. The
[48:27]
owner and their renters. Our
[48:29]
lovely newlywed couple who
[48:30]
went to high school my cousin
[48:34]
here at Canyon. And so. They
[48:34]
don't know us and they don't
[48:37]
know what we're doing either
[48:40]
to supporters are not support
[48:42]
us. We did take our neighbors
[48:44]
privacy into the most
[48:45]
consideration. The windows
[48:45]
that are show are the only
[48:48]
ones that were putting on the
[48:50]
house and they overlook our
[48:52]
roof. We have 0 windows,
[48:55]
nothing along. Lot. 9 which is
[48:59]
13. We have 0 windows facing
[49:00]
that way and only like the
[49:02]
shower high high windows that
[49:07]
would overlook lot 15. It's a
[49:08]
backyard. So there is a 0
[49:11]
visibility and we. Because we
[49:12]
love our neighbors and they
[49:13]
love us. We that was a big
[49:18]
part of our design plan. Thank
[49:22]
I'm ready.
[49:23]
>> Okay. Do we have any
[49:27]
questions for the applicant?
[49:28]
Question you mentioned looking
[49:30]
at raising the roof line, was
[49:31]
that exploring the option of
[49:32]
just adding on to the existing
[49:35]
home? Right? Just.
[49:36]
>> no to meet the hike to not
[49:39]
have to get a height variance.
[49:40]
We're told all of our roof
[49:40]
line was as high as what we
[49:44]
want to build. That we could
[49:44]
just raise our roof line and
[49:45]
we thought, well, that will be
[49:48]
the most affordable option
[49:49]
because we are adding second
[49:52]
story that I thought would be.
[49:55]
Would much more expensive.
[49:57]
That was the bit. What was to
[49:59]
raise or moved 10 feet just to
[50:01]
change the roof line. Not at
[50:02]
any but attic space. I guess
[50:07]
it's currently we have. 120
[50:08]
square feet of storage on our
[50:09]
property. One small shed 0
[50:13]
attic space because it's a 12
[50:15]
foot roofline. So there's like
[50:17]
2 to 3 feet of attic space. So
[50:18]
you can't even crawl. And
[50:21]
they're like it is. And so we
[50:23]
would have had expects if we
[50:23]
did that. But it was $80,000
[50:27]
for change. Was a bit. And
[50:34]
what it would really be. Thank
[50:35]
>> Any other questions for the
[50:37]
applicant?
[50:38]
>> So the existing shed that
[50:40]
you have on there that would
[50:41]
be removed. That's where the
[50:43]
new building with the rate Got
[50:52]
it. Thank Wonderful. Thank
[50:53]
you. This level at a general
[50:54]
question are maybe she
[50:57]
mentioned that dollar.
[50:58]
>> Proposing changing the
[51:00]
residential ordinance to be 35
[51:03]
feet. And I wouldn't have been
[51:05]
the assessor reverses original
[51:05]
building restriction. I wish
[51:09]
wear clarification on that.
[51:09]
>> Yes, we have a draft, a
[51:10]
land development ordinance
[51:11]
that we've been working on to
[51:14]
update all of our codes and in
[51:17]
the near future, we will
[51:18]
hopefully council will be
[51:20]
adopting that in the proposal.
[51:21]
Is that all structures on the
[51:24]
lot would be. 35 feet height,
[51:25]
limit for residential for
[51:28]
these type of zoning.
[51:29]
>> The district's it wouldn't
[51:30]
have anything to do with
[51:32]
original height of my houses.
[51:33]
So when is it is that's
[51:34]
proposed. I will be well
[51:35]
within. We will be well
[51:38]
within. That's a part of that.
[51:42]
But with that still. Does the
[51:43]
existing high for the house of
[51:49]
that? That 8 e u.
[51:50]
>> It can be 35 foot. Even the
[51:54]
existing houses. 12 foot.
[51:55]
>> The other proposal would be
[51:57]
to not have that ruling. More
[51:58]
that rule dates back to the
[51:59]
60's, maybe even before that.
[52:01]
And that's what the residents
[52:02]
want to back them. That in one
[52:02]
accessory structures to be
[52:03]
told the main structure that
[52:04]
doesn't appear to be a
[52:06]
PRESIDENT Anymore. However. We
[52:07]
could be wrong there in the
[52:08]
residence. MAY still want to
[52:11]
rule like that. But that would
[52:11]
be a proposal that, of course,
[52:12]
would still have to go through
[52:13]
planning Commission and City
[52:14]
Council final approval. I to
[52:18]
Thank you. All right. Any
[52:18]
other questions for the
[52:25]
applicant? Okay. We open up
[52:25]
the public hearing. Would
[52:26]
anyone like to come and speak
[52:29]
in favor of the application?
[52:30]
Please come up and state your
[52:35]
name for the record. Some
[52:37]
Larry Hensley and I on the
[52:45]
property at 6.82 Ashmore.
[52:51]
>> Yes, it's number 7 I'm in
[52:53]
favor of this Our neighborhood
[52:54]
is is a very tight
[52:57]
neighborhood of that. The
[52:59]
people that actually own
[53:03]
properties, even the rivers in
[53:03]
the neighborhood are our
[53:04]
friends and get along real
[53:09]
well, I would hate to lose
[53:12]
this family from our
[53:13]
neighborhood because you're
[53:16]
denying them. The building
[53:21]
that they need to stay really.
[53:22]
They bought it when it was
[53:24]
affordable. Prices went
[53:27]
through the roof. You can't
[53:29]
what's happened in our
[53:30]
neighborhood is people come in
[53:33]
level of houses that are there
[53:35]
and build a two-storey, big
[53:36]
mansions and that's changing
[53:38]
the whole the home structure,
[53:42]
the neighborhood really?
[53:43]
They're what what it normally
[53:45]
people that are doing that are
[53:47]
retirees, older, older
[53:48]
individuals. And so we have no
[53:49]
kids in the neighborhood
[53:51]
except in this one little one
[53:54]
little area right there they
[53:59]
live and where my house it's
[54:01]
just it's a hardship to deny.
[54:06]
This storage because these
[54:06]
houses were built like in the
[54:12]
50's, 60's. They were built to
[54:13]
that standard. And today
[54:14]
standard is totally different.
[54:16]
All the stuff you have got
[54:20]
have a place to put your stuff
[54:21]
and there's there's no storage
[54:22]
for this property. So they
[54:23]
really need it. And we're in
[54:29]
favor. Thank you, sir. Winning
[54:30]
like else like to come up and
[54:34]
speak in favor of this. Okay.
[54:35]
Would anyone like to speak in
[54:38]
opposition of this? Seeing
[54:39]
none. We'll close the public
[54:42]
hearing. And go to the board
[54:43]
for discussion comments or
[54:52]
possibly a motion.
[54:53]
>> I will. I'll start. I love
[54:54]
the street. That's one of the
[54:55]
hidden gems of New Braunfels
[54:56]
or look to buy few houses down
[54:59]
there over the past. 25 years
[55:00]
and I know exactly what she's
[55:02]
dealing with. Friend that was
[55:03]
right down the street side for
[55:08]
many of the area and it's hard
[55:11]
having kids and 4 kids myself,
[55:12]
you need a little extra room
[55:13]
and I don't have a problem
[55:18]
with this. What so ever? So
[55:22]
that that is my $0.02
[55:25]
>> I feel better with would
[55:26]
allow it in the future. So I
[55:27]
mean, it's code is headed that
[55:35]
direction. The cost of going
[55:40]
up. On existing homes. More
[55:44]
than just building a separate.
[55:45]
They're so in. Like you said
[55:48]
with a going through the
[55:52]
process anyway, for 35 foot. I
[55:52]
think I'm in I'm in agreement
[55:55]
with that.
[56:02]
>> We have an ongoing motion.
[56:04]
I'd like to make a motion to
[56:06]
approve the variance with the
[56:07]
condition that the main
[56:08]
dwelling remain. The same
[56:13]
height as it is to.
[56:19]
>> Second, the motion.
[56:20]
>> Do I Can I ask for
[56:20]
clarification? So you're
[56:24]
saying that? If they keep the
[56:25]
existing house that that's so
[56:26]
like in the future, if they
[56:30]
want to change that height.
[56:34]
>> thought was, again to this.
[56:36]
Going with the neighbors and
[56:38]
keeping the feeling of the
[56:38]
neighborhood again is to keep
[56:42]
from.
[56:42]
>> Uniformly. But they're not.
[56:43]
In for the additional
[56:50]
structure, not the.
[56:52]
>> You see as they want to
[56:54]
motion. We can have a second
[56:54]
edition of that is and that's
[56:55]
that's why one of the
[56:57]
clarification that he's like.
[56:58]
Saying that if in the future,
[57:02]
if they wanted to build up
[57:02]
they couldn't because of what
[57:06]
your motion is.
[57:07]
>> issue variances so that we
[57:10]
have a second tools motion. We
[57:11]
do not. I was like ok with
[57:12]
another motion like to be
[57:16]
maintained. On the ocean isn't
[57:20]
approved as is. In the
[57:22]
seconds. Quickly.
[57:23]
>> Ok, can I have a role? Call
[57:28]
them? Member quickly? Number
[57:32]
Rams. Yes, member right
[57:37]
Members Trident. Yes. CHAIRMAN
[57:37]
Yes.
[57:38]
>> Congratulations. Your
[57:48]
motion is passed. With that.