[0:06] Board of Adjustment Meeting on August the 14th, Supreme Valley, and Supreme Valley Village in here too long, and it is five, six o'clock, even. So, may I call the roll who's present? Showing down the crowd as well. Susan Diel, and us Schneider, Salimah Med, and my role on this, um, vice chairman, so I'm filling in for as a chairman, might.

[0:35] Of course, or business is the public hearing.

[0:38] considering, regarding the request from Isle-Ezzern and Eduardo Caleb, or Calebere, or

[0:45] give me.

[0:46] Calebere, or various from chapter 12 of the city of Spring Valley Village's code of

[0:52] ordinances, planning and zoning section 05, or 2.13, freestanding mechanical equipment

[1:00] shall not be placed closer than four feet to the property line, to allow placement of

[1:05] freestanding mechanical equipment to replace 3 feet 6 inches at 8602 Cedardale Drive in the

[1:12] city of Spring Valley Village, Texas. First is presentation, a variance request by the applicant,

[1:19] and then we'll vote for an enhanced and then we'll adjourn the public hearing and have the actual

[1:27] final discussion and decision.

[2:26] The reason we're here today is trying to get approval for a generator to be placed on the

[2:30] top of our home.

[2:34] Obviously, I don't even know why we need it very much because the survey that we've included

[2:39] in this document that I have provided to you shows that we already have it.

[2:45] The reason for the discrepancy is because we've put in a pool two years ago and when we

[2:54] the pooling and the City of Spring Valley required an additional survey to be able to put the pool inside

[3:02] of that survey. I tried to contact the regional surveyor. He's retired. He's been 22 years

[3:09] and so I was unable to get him. City of Spring Valley, a gentleman that was working here by the name

[3:15] of Zach Meadows. He recommended this other surveyor company and who I hired, they came out,

[3:23] that did all the measurements that when they provided the survey, I noticed that there was a

[3:27] discrepancy and I told them, you know, this is not correct. You're obviously taking inches away

[3:36] from me, creating a gap between me and my neighbor. There is an existing marker at our neighbor's

[3:44] house, delineating where the differences between the two properties, but they put a different marker

[3:51] and other two markers and nothing in the minute.

[3:55] So that's No Man's Land in the Center.

[3:58] One side where my neighbor confirms

[4:00] that that's his marker for his property

[4:03] and I also have a copy of his survey and the plaque

[4:06] and his survey and his site planning for his home.

[4:14] So everything shows that original marker,

[4:18] which is a pipe that has been there for the last 22 years, obviously longer than that,

[4:24] because there's a lot to their way before us. Is the true marker for the division

[4:30] for our two properties? If that marker were to be used, it would confirm that we have a

[4:36] bead between our property and there. Actually, their property has 10 feet and hours has 8.

[4:43] The new order is showing that we have 7.6 I think or something like that, not the 8B, but that's

[4:54] invalid. It's the reason why it's occurred is because in, as you probably all know, whenever they

[5:01] do a flat, they round up and when they round up on those measurements for each lot, the last lot tends to lose

[5:09] get shorted. So we lost some inches that are now being reflected in the second

[5:16] survey. Had this new survey tied in bingo to the other reference points, it

[5:23] would have put everything together, but they never tied in bingo. So it's

[5:28] created a shortage on our property with this invalid survey. Our request is

[5:35] that the original survey, which is the one that was used to build our home, was approved by Spring

[5:42] Valley, was built by David Weekly Holmes, who's done over 100,000 homes. I think they know what

[5:49] they're doing. It's the survey that they use. And like I said, was approved by Spring Valley to

[5:54] construct the home. If we hadn't had the eight feet between us, there's no way that Spring Valley

[5:59] would have approved the construction of that home. And we passed all permits, all occupancy,

[6:04] see everything was good to go on the home when we did.

[6:10] So it was really concerning to learn now that we've had to provide a variance in order

[6:19] to be able to put in a generator.

[6:23] If you guys want to see copies of the last half of those here, this is the original flat.

[6:31] This is the survey for the neighbors home.

[6:38] You already have my survey.

[6:41] And I don't have a copy of the needs.

[6:42] I'm so ready.

[6:44] So this is the neighbor's survey,

[6:46] confirming where the existing marker is,

[6:51] is his boundary and line.

[6:55] This is his site plan,

[6:59] which depicts all of the markers

[7:03] all of the markers and it shows that he has ten feet actually here and we have eight.

[7:08] So we really have 18 feet between us.

[7:10] Even if we had the seven feet six inches, we would still have more than 16 feet between

[7:16] us, which is typical of the requirement to put in a sort of, you know, his inner tablet

[7:20] for feet.

[7:23] This is the plant,

[7:29] which also confirms all of the dimensions that are on arm-wagoning survey.

[7:33] I just don't know

[7:41] if

[7:51] that's the kind that we've lived in this home, the neighbor has always

[7:55] confirmed that that pipe is, it's darker, there's a chainland fence that it is between

[8:02] the pool and us, there used to be a chainland fence surrounding the entire property, we took

[8:06] hours down, what was in front, but it has been passed, even though that chainland fence

[8:11] is on our property. He asked us to leave him there because he was keeping his front chain length

[8:17] fence and he wanted aesthetically the habit. So we applied, you know, we left it there, we didn't

[8:22] take it down all the way, the one that was in the front of our home. Yeah.

[8:28] So the survey that was done

[8:31] two years ago for the construction was only for the construction of the building,

[8:39] We're just going to have to actually be surveyed and reassigning the markers and the dimensions of our property.

[8:48] You know, this new survey, which is invalid, is taking away feet of intercoms, which type are documents where the type of property of a new debt survey.

[9:03] It's what we paid for, it's what we bought.

[9:08] So we're asking that that particular survey is the one that can prove and I also have a

[9:17] little rest to show you so

[9:25] this is the original marker he has 10 feet right there this is the

[9:30] the fence that's on my property but really he wants to keep so he has 10 feet there we have 8 feet here

[9:38] They're saying that the new marker is over here.

[9:42] So there's a 16-minute gap between one marker and the other.

[9:48] That includes that one thing that allows for me,

[9:52] but that additional survey, which is found,

[9:57] is showing via the incorrect location for the division.

[10:02] This is where we're proposing the generator to be placed.

[10:06] There, as you can see, there are already air conditioning units,

[10:09] There's a lot of other stuff there that has been placed without any issue and we don't see that they would be a problem since we have over 17 feet as it is actually 17 feet seven inches between the two homes, which is more than the requirement for the big homes.

[10:29] There's no windows there that would be a basin to it.

[10:32] The unit is not going to be facing their home.

[10:36] It's going to be facing back.

[10:37] The offense that we put up is a little space defense.

[10:41] And they actually put up another fence,

[10:43] which you can see over here,

[10:45] that right behind it,

[10:46] and they asked if they could put it on our property,

[10:49] so it would create a gap,

[10:51] and it would get it in or whatever.

[10:53] So it's a double,

[10:55] a double defense area,

[10:58] which is going to decrease sound.

[11:08] So our request is that the original survey, which is the one that's moved us from valley to the old and old,

[11:17] who then be approved as it should be.

[11:23] We want to be able to use all of our home, all of our property.

[11:28] We've had a lot of issues and hardships.

[11:32] My daughter had a rain tumor two years ago just as we were putting in the pool.

[11:38] I didn't have the time to really fight for the surveyor.

[11:44] You know, I had other things on my mind.

[11:45] My daughter's health, you know.

[11:46] And we're now in the enters in every single day.

[11:49] Now that tumor's growing back.

[11:51] She's going to radiate her every single day.

[11:52] Now we have this situation.

[11:54] We really need that generator in order to provide welfare for our family, just like everyone

[12:00] else in Spring Valley has been putting in generators which I'm sure you're aware of

[12:04] in order to be able to provide for the fans of health and wellbeing, safety, comfort.

[12:11] That's all really that we're asking is to be treated the same as others, especially since

[12:17] We have a survey that collects the correct dimensions that fly with a guide last.

[12:28] That's the last question.

[12:31] If we ask questions during the discussion.

[12:34] Until we get to the agenda.

[12:37] Consideration.

[12:41] So I do have some neighbors here.

[12:42] who are willing to testify and on our behalf should that be needed. One of them is Troy Walder.

[12:52] His family actually owned all of the property, the Walder Subdivision, which is where our house

[13:00] is and the PAPS. And Troy still lives there right on the corner. So he's aware of how this all was

[13:11] divided and where the property markers should be because they all did.

[13:17] So he's happy to answer any questions so you guys have anything and also have

[13:22] Martel and Greg Herbs who are across the street from us. They also have a

[13:27] generator. Roy has a generator.

[13:31] So you guys have questions. Should we ask anyone

[13:36] when they want to speak to you now.

[13:38] Correct.

[13:39] If you would like your neighbors to say something

[13:42] that would be the time for them to say it.

[13:45] Because then we will be, when we adjourn

[13:48] to take up the next discussion item,

[13:52] we'll be talking about the evidence we've heard,

[13:55] and then we'll ask questions based on that.

[13:58] Is that accurate?

[14:13] Karen?

[14:22] Are we okay?

[14:23] Yes.

[14:24] You know, Troy Walder, 8610 Cedardale, like she said, the subdivision, the Walder subdivision,

[14:32] I'm pleased to talk about her, whatever.

[14:36] And I have to say, up to the number one, they've been tremendous names.

[14:41] I said to them, they've been sure.

[14:43] And up to you, like she said, you know, I hope you get all the mentions.

[14:47] We've ever rejected everything.

[14:49] I mean, it's being straightforward, armed to send, straightforward and honest, and I encourage you to do that.

[14:58] I think that...

[15:00] Regional survey, they have their house, they can access the flat, they can access the provision,

[15:05] reading, they can go on all these years, whatever, and I think the survey, they can have the

[15:11] pool, they can disagree, I think that's why it falls. In fact, I came to know how many times

[15:17] asking questions, and we, if I survey or you, whatever, anyway, I think they'll tell you

[15:25] So, you know, there are things that are

[15:46] very similar to how I would be possible.

[15:51] As far as surveys go in Spring Valley, I could believe it started the wrong place to be in the wrong place.

[16:02] I don't care the issue, even if it's part of the variance of some of the issues.

[16:07] Those

[16:10] generators long forth were not extended to lack of electricity in their neighborhood.

[16:28] Well, now, if there's anybody else asking, is there anybody else that has anything to say

[16:33] or comments about the question before us, the request,

[16:39] and the close point.

[16:40] Well, close the public hearing, and now we will do just the formality we do.

[16:45] That's 6.16 PM.

[16:46] That's 6.16 PM, OK?

[16:48] That's 6.16 PM.

[16:49] We close the public hearing.

[16:51] and now you read item number three. No. No, we need to do those in favor of those. Right. You need to make a motion to grant the variance. Okay.

[17:06] Make a motion. No, it is not number three.

[17:11] I'm sorry, I don't know why I'm confused, but you'll need to read on it number three,

[17:18] and then there'll be a motion.

[17:19] And remember, as I've discussed before, regardless of how you're going to vote,

[17:26] I prefer the motion to be in the affirmative.

[17:28] That is the grant the variance that doesn't, and if you move for it, or second,

[17:32] it does not mean you have to vote in favor of it.

[17:35] there can be a motion to approve and a second and it can fail zero to five.

[17:42] So, you're not technically ahead of both, but I would like it.

[17:44] There's a reason for that, but rather than to explain it on, you know, like,

[17:48] I can't if you want me to.

[17:49] All right.

[17:49] We're going to be permitted.

[17:51] So, we're moving on to the item three at the point.

[17:54] Correct.

[17:54] Okay.

[17:55] We're moving on to the agenda item three.

[17:56] It says consideration and public action concerning.

[17:59] I request from SL and Ysir and Eduardo Campiero for a variance from chapter 12 of the city

[18:08] of spring valley villages code of ordinances planning and zoning section 05, 02, 0.13.

[18:15] Prestanding and mechanical equipment shall not be placed closer than four feet to the

[18:20] property line to allow placement of freestanding mechanical equipment to be placed three feet,

[18:24] six inches at 8602 searedale drive in the city of Spring Valley Village, Texas. Now we can open

[18:32] discussion or ask any questions.

[18:42] We have the motion. Oh, I'm sorry. Can we do the motion first?

[18:46] Yes. Okay. Let's get the motion in the second part. Okay. Anybody want to make a motion to approve

[18:53] the request.

[18:55] Okay.

[18:57] Any discussion?

[18:59] There was come in here that your pool equipment would be at the same distance from property

[19:05] line fence, I guess, is what this generator will be.

[19:08] What?

[19:09] That was approved.

[19:10] I assume by the city using what survey?

[19:13] Using the same survey that you have, the second survey, because that second survey was used

[19:18] for the pool.

[19:19] So there's, so now there's a, I don't understand how that works.

[19:23] Okay. That was my main question.

[19:25] Well,

[19:26] Full equipment could go closer to the house.

[19:29] Generated.

[19:30] Yeah.

[19:31] Yeah.

[19:31] I guess.

[19:38] So I want to understand with this new incorrect.

[19:46] are questionable. The second survey, did your lot get narrower? Did they just shift your 89 feet or whatever it is further to the?

[19:57] They're putting us in a bingo. Basically they're moving forward. So that's why it's created a gap.

[20:05] So they shifted you closer to Bingo. Okay. All right.

[20:10] That's because Bingo's thinner line shifted.

[20:16] I never find it interbable.

[20:18] They only use LaMille as a guideline.

[20:21] And then measure 95 feet, 91 feet, and then us.

[20:27] But the true measurements for the first law are not 95 feet.

[20:31] It's 94.3 feet.

[20:34] The second one is actually 90.4 feet.

[20:36] And then, you know, those engines that are not being considered are what are putting us out further.

[20:43] So the surveyer never worked backwards?

[20:46] Exactly.

[20:47] Because he was using the survey for the construction of a pool,

[20:51] to be able to draw inside of the backyard that dimensions of the pool,

[20:56] to show that they have a pool approved by Springtown.

[21:01] You know, you start from the center line of the street.

[21:06] I think, because I actually have a cousin who is a home builder and construction, and

[21:12] I set them all these documents and he says, well, he never hired an invadible.

[21:16] And I asked them.

[21:17] I said, why aren't you finding an invadible?

[21:19] He says, well, we don't have to.

[21:20] This is for the construction of the pool.

[21:22] We don't have to do it.

[21:24] So I mean, I'm not a surveyor, and I never imagine that it would cause these issues, because

[21:31] because our original survey obviously was approved by everyone in God was correct.

[21:40] You've made several references to the neighbor with the, you're adjacent to you that they

[21:48] say their marker is correct to match the first survey. Do you have any comment anything from

[21:55] them other than?

[21:56] They can speak with them, but I have photographs, like I said, of where the messages are.

[22:02] the fact that they are

[22:07] not here, they don't hit an object.

[22:10] And I've always had good relationships with them,

[22:13] never had any issues, they've always been firm,

[22:16] that that fight is the marker and asked for us to keep that

[22:20] out of the fence, which is to us, kind of an eye sore.

[22:23] But you know, we want to be good neighbors, and they like it,

[22:25] and they want it, so we kept it.

[22:27] That fence, the chain landing.

[22:32] I noticed in the photos that we were sitting around earlier

[22:35] to the committee for the board that the A-foot fans looks like it was built to the new survey.

[22:48] I think time

[22:57] and, you know, the discrepancy that now existed with Spring Valley.

[23:04] So, you know, my priority was to take care of my time.

[23:09] Survey is what it is, and I never imagined it would cost us kind of much.

[23:17] Does your neighbor, where you're sharing the lawn and the fence, do they have a generator?

[23:24] They do not.

[23:25] They do not.

[23:27] On that side, there are several air conditioning units, which is the point that they need to

[23:34] do.

[23:35] Do you have a copy

[23:49] of the second survey?

[23:57] Okay, I look at it, but now I have a question, but I didn't bring it, but I thought we

[24:01] always got it.

[24:03] My bad.

[24:04] Okay.

[24:04] I've got on my computer.

[24:05] No, that's fine.

[24:06] Yeah.

[24:09] That's fine.

[24:10] We got it here.

[24:11] I mean, this is really the more important document right here.

[24:15] The original plan.

[24:16] Yeah.

[24:17] Yeah.

[24:17] So right there they spell out from the center line of bingo to the center line.

[24:25] Yeah.

[24:30] Yeah.

[24:31] Yeah.

[24:31] This is clear.

[24:32] Okay.

[24:33] I'll be easier.

[24:45] How did the second survey be involved in all this?

[24:48] Because it was used to replace the pool of back yard so that you can get the perfect.

[24:54] So that was on file here at Spring Valley.

[25:18] I just want to look in the second survey or didn't even note the iron pot or found iron rod.

[25:26] They went from a corner closest to the west.

[25:31] He said it is in fact with non-prolite survey that it depends to put the pool in the back

[25:36] area.

[25:36] Yeah, okay, correct placement for the phone right all right any other question for anyone?

[25:45] Okay, then I call for a vote on the motion to approve the requested

[25:52] We

[25:55] already got the motion. Yeah, so I just

[25:57] Yeah

[26:05] I'm in favor

[26:07] I'm in favor. I'm in favor. I was a favor. I guess you know, okay, all right, so motion passes 5 to 0

[26:15] very interested granted.

[26:19] Thank you for going through the over head. And here's, yeah, this is actually the most important thing I can see.

[26:29] I think you have all your documents that you share.

[26:32] Want that?

[26:34] Thank you. Good presentation.

[26:39] We call

[26:46] for another public hearing.

[26:47] and we would read the item number for it.

[26:51] All right, now we're going to proceed item number four,

[26:54] public hearing at 626 to be conduct public hearing,

[27:02] concerning on a request from Paul Farrar,

[27:08] for our variance from Chapter 12 of the City of Spring Valley

[27:12] Village's Code of Ordnance Planning and Zoning.

[27:14] Section 0502.03, no building or structure more than two stories, shall be erected in the dwelling district A, an expansion of a nonconforming structure had a 6-118 in which you drive in the city of Spring Valley Village.

[27:32] Now the item A, the presentation.

[27:36] What do you mean?

[27:37] Can you speak into the microphone?

[27:40] Sort of loud.

[27:41] Kind of do this for a living.

[27:42] So it gets too loud.

[27:43] I'll step inside.

[27:44] Sorry.

[27:45] It's just recording for the record.

[27:48] So my name is Paul Skervani.

[27:50] And I live at 8618.

[27:52] Westview Drive.

[27:53] I'm joined here this evening by my wife.

[27:55] But that's a Skervani.

[27:57] Our youngest daughter, a pianist Skervani.

[27:59] She started sixth grade yesterday.

[28:01] And our oldest.

[28:02] It's an age grade name.

[28:03] and Regan's providing to his economy with the government.

[28:06] We're also joined by our neighbor,

[28:07] our first neighbor, Matt Fleming, who's at 8612,

[28:13] 8614 Westview and our builders

[28:16] from on-point construction, rural and Robert.

[28:20] What we're asking this committee to do

[28:22] is ran us a bearing so that we may build a half bathroom

[28:25] on our third floor, as simply what we're asking for.

[28:30] So, we won. We've been residents on Westview since 2019. My wife and I moved from Edo with

[28:38] our children. This is our first major home. We lived in a town home in Edo for ten years

[28:42] before that. And we bought our dream home on Westview in 2019 with the eye towards renovating,

[28:50] which we're in the process of now. We started this process back in 2020, actually. Gone through

[28:56] We actually a couple of builders, a couple of concepts, a couple of architects, and we finally

[29:01] got the plans that we love.

[29:04] We, we, to give you an idea of what we're doing, we're expanding the house by about 2500

[29:09] square feet, outdoor spaces being built.

[29:13] All of this has already been approved.

[29:14] The only issue, holy enough, the construction at this point is this dirt floor hack back.

[29:20] We made these plans with an eye towards preserving green space.

[29:24] We're on a 15,000 square foot lot.

[29:27] We love the trees in the back.

[29:29] We wanted to preserve screen space

[29:30] so we're actually building out sideways

[29:33] towards the existing garage and over the existing garage.

[29:36] And we're beautifying the front of the house too

[29:38] by adding a porch and things like that.

[29:41] Because the one thing my wife and I want to do

[29:44] is we want our kids to graduate high school here.

[29:46] We want to keep this house the rest of our lives

[29:48] and we want our kids and grandkids to come back

[29:50] because we like this city.

[29:52] So, when we purchased the house in 2019, one of the selling points to us was the...

[30:00] I think the third floor was already built out. So it was a total surprise to me when I hear back

[30:06] from the permitting department, hey, you can't do anything with the third floor. There's

[30:11] actually a set of stairs from the second floor that goes up, lines, and goes to the third

[30:16] floor. When we bought it, it was completely built out with carpet, a seed up there. It's

[30:22] finished walls. It's painted. They're ceiling to ceiling fans. Most importantly, I think

[30:27] from a safety standpoint, their sprinkler system.

[30:30] We are house complies with the codes as far as the sprinkler system goes, and from a

[30:35] safety standpoint, having people up there, that sprinkler system provides that extra layer

[30:39] of safety.

[30:41] And so that was a selling point to us because we have young kids, one of which is, they're

[30:46] both in middle school now, we're about to have a high school or next year, and there's

[30:50] not a whole lot of places that you can send your kids these days to hang out.

[30:53] And so, when we purchased the house, it was with an eye towards the children being able

[30:59] to have their own space up there, hang out with friends, be in a safe space, and eventually

[31:04] put in this half-bath when we renovated.

[31:07] We don't want boys or girls running through the rest of the house through bedrooms and things

[31:12] like that using the bathrooms when you just have this right there readily accessible to them

[31:17] on the third floor.

[31:20] Fast forward to today, there's a bit more of an exigent need which I addressed in the paper

[31:25] work as to why we're asking for this so urgently.

[31:30] And to back up even more, we've been out of 8618 Westview in a rent house since January.

[31:37] We thought this was going because the architect that built these plans for us said, hey,

[31:42] this is this will pass mustard, we read the code, all that stuff.

[31:46] And so we turned the plans in and we went to rent a house because this is a total renovation

[31:51] of our place.

[31:52] We went to a house before we got stamps thinking, hey, this will sail through.

[31:57] So we, this is important to my family.

[31:59] We've been out of our house paying rent to the tune of $4,700 a month from January to

[32:04] today.

[32:05] And what I'm told by my builders is that when we get the green light, we get 10 months.

[32:10] So I expect it to be back on Westview in October of this year, November of this year.

[32:17] And so now we've delayed this process 10 months.

[32:19] and I realized we could have just stood down and said, hey, that's all right, let it go,

[32:24] but this is important to my family. They want this space, they would like to be able to have

[32:30] this hangout space. And then back to the more exigent need, which I addressed in the paperwork,

[32:35] is that my mother is 76 years old and three years ago was diagnosed with Alzheimer's dementia.

[32:44] She lives in the Brookdale facility over on Bunker Hill.

[32:48] I have to attend every doctor's visit with her.

[32:50] She cannot drive.

[32:51] We have to drive her everywhere.

[32:53] And the doctor has told us as of kind of mid last year, you're on a time clock.

[32:58] She's not going to be able to live by herself anymore.

[33:01] She's either going to have to go to a home or go with a family member.

[33:06] And I'm, although I have a brother, he's a special needs person that lives in a home that

[33:11] where other people care for him.

[33:12] So, I'm her only source of support financially, emotionally, medically, get her doctor's

[33:19] appointment.

[33:20] So it would only make sense that she would move in at some point with me.

[33:25] She has a problem kind of remembering where she's at.

[33:28] So having a half bath kind of located near where she would be sleeping would be very, very

[33:33] helpful in that situation.

[33:35] So it went from kind of a desire to provide a space for the kids to hang out to this more

[33:41] exigent need of my providing a space for my mother until she passes.

[33:47] My neighbor, who Matt, who I think is going to speak, said that his lived here for a

[33:53] long time, has said that probably one of the main concerns is for means of egress or safety

[34:00] concerns on the third, fourth, or fourth fire, but one, we have this sprinkler system.

[34:05] Two, I've instructed my builder, whatever means of egress needs to be put out there, ladder,

[34:11] We'll put it in. No problem. I'll bear that extra cost if that's the concern.

[34:16] From my standpoint, when I look at these kinds of things, when people come in and ask

[34:19] it for variance, I go, well, how does it affect my neighbors? How does it affect the community

[34:23] as a large? Well, obviously, this is an inside structure. It's not going to be seen from

[34:28] the street. Nobody's going to know it's there, so it doesn't affect the public at large.

[34:32] I've gone around, talked to all of my neighbors, one of which has been gracious enough to show

[34:35] up they say yeah we agree you should be able to have use of that space so we

[34:43] just ask for your consideration on this it's really important to my family

[34:48] I'm happy to ask any questions you have

[34:51] now anyone else that I just want to

[34:57] speak to the issue this

[35:09] city for roughly 23 years if you guys remember that

[35:13] been near a long time, those three lots on Westview were vacant for about 12 years part of that.

[35:19] So, all three of those homes were built at the same time. I've known this neighborhood to be

[35:25] really a benefit to the community, which I reflect both in that sense of who they are.

[35:32] Excuse me, sir. Can you state your name and address so we got it for the record?

[35:36] My name is Matthew Fleming and I live at 8614 Westview Drive.

[35:40] Thank you, Mr. Jason, to the Scribon Co. on the right facing the home. So I've known them to be

[35:47] great neighbors, both in the sense of that in comparison to the people that were there before,

[35:53] known them to be very responsible and very courteous to the people around them.

[35:59] I share the view of other neighbors. I might also point out that, you know,

[36:05] one of the reasons I don't have a problem with what he's talking about is

[36:08] they're not changing the roof line. This isn't some giant woman, you know, solar structure that's

[36:13] going to affect the look and feel a little bit bothered. So I'm privy to the information about

[36:20] their family and I know them to be a good thing, my man. This is very important to me, so

[36:27] this one should understand the people next door don't have a problem.

[36:35] Any other comments?

[36:37] Yes.

[36:40] I just wanted to make one clarifying point.

[36:45] The base was built by Thompson Custom Homes, right, and I understand that a third floor

[36:50] is not allowed.

[36:51] However, when we purchased a home, we were not made aware of any of those, we weren't made

[36:58] aware that that was unallowed.

[37:00] The room where the toilet and the sink are proposed to go already exists, it was already

[37:06] a little door, a little room, it's a closet. And when we moved in, we built in storage space,

[37:15] like shelves for my husband's massive Lego collection. And during this process of wanting to

[37:23] utilize a space better, we want to be able to add the bathroom. So we're not adding anything,

[37:30] we're not building anything new. The layout of the room is going to remain the same.

[37:37] We're just going to add a sofa and a TV and a little snack area for the kids.

[37:43] And we'd like to have a bathroom. And it's really that simple. I mean, we're not changing anything.

[37:48] We're just wanting to add a toilet and a sink. And that's it.

[37:52] I've

[38:01] heard statey 603 Cedardale my question is when they bought the house that they have

[38:08] a title opinion that they have an inspection by a third party was it advertised that this

[38:16] room was finished and who finished it because the regulation is quite specific so that's

[38:29] my question. So I mean, was it advertised as a finished third floor? They'd have to be

[38:37] taken out or the people who did the inspection should have caught it. And the title company

[38:44] should have caught it. That's all I have.

[38:47] Sir, any sort of data questions?

[38:49] This is a public hearing and can we wait till we get to consideration? One of the board members

[38:54] will ask those questions.

[38:55] So those are comments and other comments then we will proceed by making a motion to close

[39:05] public hearing at 636 and now we will put forth a motion to approve item number 5.

[39:16] I know.

[39:17] Sorry.

[39:17] Move on.

[39:17] I'm going to reply.

[39:18] I've got that guys.

[39:20] Unfortunately, we don't do this often.

[39:21] consideration and possible action concerning.

[39:25] I want to request from Paul Spermanic for a variance from chapter 12 of the City of Spring

[39:30] Valley Village's code ordinances, planning and zoning section 0502.3, no billing or structure

[39:37] more than two stories, she'll be erected into a lane district A. An expansion of a nonconforming

[39:43] structure in 18 west view drive in the city of Spring Valley Village, Texas.

[39:49] So motion before us is to approve the variants requested as noted in item five.

[39:58] Second, okay. Now we will proceed with the discussion.

[40:07] I'm sure Scorronic you had comments about the one question posed in public hearing.

[40:12] So it's a question of whether it was advertised that way, absolutely, was we found this house on HAR that when we put the people in.

[40:22] So yeah, there are some still on HAR website. So the photos that were listed on the.

[40:28] Not a question, so.

[40:29] So, it's a AI renderer photo where it includes white silver and a glittered table, so it was meant to be used as entertainment flex space.

[40:43] And so, that was definitely a selling point to you, but as our children were being holed up, we were driving it out.

[40:50] Back in front of school, they go to school and have a gen and have been there for the last eight years.

[40:55] And so we wanted to find a home that was going to be closer to where their hub was.

[41:00] And so when we down the house that had the green space, my husband wanted, had all of the

[41:05] bedrooms on the second floor with the porch to us and had life space for our children that

[41:10] we need to be bold enough to have, you know, have friends over.

[41:14] That was a telling point, so we living room on the first floor, the first floor was only

[41:18] about 1,350.

[41:20] And so it has a small living room, a little study that might have been meeting for its

[41:27] feeding space, and it has a kitchen,

[41:33] which is what led to the entire project being built

[41:37] on the first site, but for the reason it comes with a big bathroom in the kitchen, and it had

[41:41] a smaller family space right next to the kitchen.

[41:44] And the Lord is now feeding the food.

[41:46] So, lying this home, knowing that it's going to have a formal living room, having the

[41:51] to be filmed in space on the third floor,

[41:52] it would excuse us because we knew that would be a safe space

[41:56] for our children to come to me.

[41:58] And so it was advertised as flight space,

[42:02] and it was a few seven points to us

[42:05] which was supposed to be in the home.

[42:06] After losing in the government's way next team,

[42:10] and then COVID was a reality for us,

[42:13] totally thereafter I had been covered in a major heart attack.

[42:17] Thankfully, it was hard for me to be able to get into

[42:19] the hospital and save his life.

[42:20] but at 40 years old, I think it's almost that.

[42:22] So after this heart attack is going to try to move forward

[42:26] with making this house into our home

[42:29] because it's important for him to be able

[42:31] to do this market.

[42:34] And we've engaged in a very friendly process

[42:36] to get to today.

[42:38] We did move out this every 20 seconds, 20, 20, 20.

[42:42] With the expectation that we were going to be able

[42:44] to move forward with this project and to my understanding

[42:47] that everything else that we have presented

[42:49] and it's true that the city has an approved

[42:51] with the exception of this one type.

[42:54] And it's important for us, as we go into this,

[42:56] that we make this huge financial investment

[42:58] and we do it correctly once

[43:00] because we are moving out to a cheap effect

[43:04] that we've built this home and

[43:07] having all the planning

[43:08] and all of the people come in to double check.

[43:11] And so we remove ourselves around the house

[43:12] in total,

[43:27] more than we actually came to the house

[43:28] that it needs a lot to

[43:32] be able to raise our children.

[43:34] So I know it may be a little strictly at 50 points

[43:38] that are being so difficult that it's two daughters, it

[43:59] wouldn't be a

[44:03] good

[44:04] back to your your question on how was advertised to us when we toured the home

[44:09] to they had children's toys a jungle gym up on a third floor when we toured the

[44:14] home okay and if anybody else wanted to see the photos I managed to lose them

[44:20] I'm being very carefully astute

[44:28] yeah this little bonus room is it built like

[44:34] up into the eve of the house so you don't know there's a third story. So yeah so actually

[44:38] yeah is that how it is. So see you see this so this this is the door okay so this right here

[44:43] it's a laundry room and this right here is the third floor. That's the door. So you wouldn't be able

[44:49] to tell that there's a third story onto the home unless you were able to walk through the house so

[44:55] So there's no windows except for the dormer.

[45:00] Not towards the front. From the front. They're giving window on towards the back that looked out to the pool. Okay. And it's all built into the eve, like an attic, a finished attic space bonus room. Got it.

[45:13] It's sleeping up there, they're flat.

[45:16] It's hanging on the sides, but the ceiling itself is flat.

[45:19] You got ceiling fans from the flat.

[45:22] Yeah, and I hide all the stuff.

[45:24] And you have air conditioning up there.

[45:27] The square footage was included then

[45:29] when you saw the original plots.

[45:31] I think I made property tax on that square footage.

[45:34] Better check your survey, too.

[45:37] This is the space for questions.

[45:40] And

[45:44] let's quite a space.

[45:48] Yeah.

[45:56] Just a point clarification, you said you're not making any changes.

[45:59] Does that mean there's some playing up there already?

[46:03] You're just making a connection.

[46:04] No, so no question.

[46:05] Oh,

[46:06] it's good to name

[46:12] an address.

[46:13] Yes,

[46:17] they've been

[46:18] about as

[46:25] they stated they live in the home.

[46:26] So there may be

[46:27] a number of people.

[46:30] If they look at those,

[46:31] we don't have to be in as they're AC.

[46:35] This way,

[46:35] the other egress window.

[46:40] I believe there's probably

[46:41] a fund in the care because the best

[46:43] stated that were apparently used as a closet for a

[46:47] But it is large enough for a back,

[46:54] because there's additional clauses stuff.

[46:58] And my heard after an accident below where that case is?

[47:09] Does anybody hold the original construction documents?

[47:14] We have the original, all the original construction documents.

[47:18] And that goes the third floor up there.

[47:20] It doesn't?

[47:21] Yeah.

[47:22] The original construction documents then?

[47:25] Did the original construction documents show that third floor?

[47:29] Yes.

[47:29] the approved plans when they built the house and we have the original and

[47:38] they were in the house and they purchased yeah and they were playing call out

[47:43] the finished schedule is there an approved set of plans from the city

[47:49] during that construction that shows that third was some customers from

[47:54] from touching customers. For me, by not from what I don't want. Well I think that would be pretty

[48:01] pertinent to this situation. If there are documents that show that the original approved plans

[48:10] had the third floor on it, that changes the whole base of the steel because one is honestly.

[48:38] So the city's not required to keep plans that old, so we've the city has to be on time.

[48:44] I think we're required to keep under any records management in the state of Texas for

[48:48] permanent retention is any copies of approved permits any plans would not be required to be kept

[48:55] and actually I know when I started with the city as well as last year so three and a half years ago

[49:00] as well as last year any plans that the city did have for any homes throughout the city we sent

[49:06] letters to those homeowners to let them know that there was a plan for destruction of those plans

[49:12] so that they and we gave them a time to be able to come pick those up so after a certain number of

[49:16] years we send those letters out because we're not required to keep plans. How

[49:21] about this since it's a piece of information? I'll bring the original plans. Well

[49:25] did anybody reach out to Thomson to see if he has them? Yeah there's two.

[49:34] Just I'll

[49:34] have. He doesn't have it? Yeah all right y'all talk to him.

[49:38] Yes, all right, yeah.

[49:39] The records and results of that.

[49:41] The COVID-19 pandemic.

[49:43] I think you should remember it firmly and you don't hear very

[49:48] about homeowners.

[49:49] Again we're not aware.

[49:51] I think we're like the third homeowner of the homeowners

[49:53] before it sold it out of the park base.

[49:57] Well, this is.

[50:00] Those are the ones after we provided from the building but.

[50:04] If you look from that, that first

[50:09] floor, it says we measure anything who worked out the

[50:13] existing plans that they had.

[50:15] Right.

[50:15] I think the question, though, is was it ever permeated by?

[50:20] I think it was permeated by the city.

[50:22] And I don't know that that answers that.

[50:24] Yeah.

[50:25] The fact that someone drew it off.

[50:28] Didn't necessarily mean it was standing permeated that way.

[50:31] I mean, this is one of those ordinances that is like pretty hard and fast.

[50:39] And it's the average one that's so average.

[50:42] So, forgiving that, simply.

[50:43] Which one is that one that's created for through the third or half?

[50:48] When that's more after, we should be able to accommodate 100 homes.

[50:54] I personally can't answer that.

[50:56] Let me see.

[50:56] I think we see it in front of that real quick.

[50:58] My memory is that it dates back to the sometime in the 90s.

[51:01] but yeah, that's my guess too, that's what I can talk about that.

[51:08] I understand.

[51:10] This is a very, very tough deal.

[51:16] I'll tell you right off the bat because basically this board does not have the authority to override an ordinance.

[51:26] And that's what you're really asking us to do.

[51:31] Now, if we do that, those construction documents were

[51:36] had been approved by the city, then all goes out the window.

[51:43] But hopefully you can understand that if we say, yeah, go ahead and do it.

[51:49] Now, everybody else has got that same argument.

[51:53] And that's where there is a process by which the city goes by that says you can get this

[52:02] variance if you show these elements which we've briefed out in the documents.

[52:07] Did you show what?

[52:08] That's what we've briefed out in the documents.

[52:10] You know, this is not going to be a hardship, a hardship, yeah.

[52:13] I mean, this sort of ordinance is not a typical for

[52:19] or the villages are really anything like.

[52:23] Hillshire Village had the same ordinance.

[52:26] And two years ago, they modified that ordinance

[52:32] just for this reason.

[52:36] That's why I really feel like this is more a P and Z issue

[52:44] than something we can answer.

[52:47] Yeah, given the way the ordinance are written and the fact that the houses, the houses can be occupied, then this just said we just have to say, oh, yeah, this is not compliant and support the building official.

[53:05] Yeah. Anyway, you had a document that said that those were the approved plans that the city approved

[53:14] and had to do it and be a different story. Yeah. But short of that, we don't really have the

[53:22] authority to do that. So my suggestion would be to possibly go to P and Z and say, this needs to

[53:31] you've changed.

[53:34] I would agree with that. Yeah.

[53:38] Yeah. Just to modify the ordinance. Yeah.

[53:39] Because Hillshire changed it just for this reason. Yeah. It was being a long time resident.

[53:46] It was one of those often stated sort of wink wink nod nod. Oh, there's an attic on this

[53:54] store on this house. It's not really a third floor with the expectation that the owner or they've

[53:59] moved in and then eventually finished it out and turned it into a usual space, even to

[54:05] the point of having something more than just an attic, fairway going up there.

[54:11] I understand, I understand, right.

[54:16] Y'all are going to make them do anything about it.

[54:20] It's existing, pre-existing, non-conforming space.

[54:23] So if they took the bathroom off the table, they could move forward, right?

[54:29] I would have to stick with the third party card.

[54:33] With VVG?

[54:35] Let me answer.

[54:36] If I know the piece, not make the representation that everyone here said, I wouldn't decide

[54:41] to change.

[54:42] If I appeared for a third of a minute hearing, can everyone look me in the eye and say, that's

[54:46] it.

[54:47] That's just, I don't understand what we have.

[54:49] If they wish to change that.

[54:51] I mean, I'm paying by the organization.

[54:53] My property taxes.

[54:54] All of the maintenance.

[54:55] The floor.

[54:56] All of it.

[54:57] And I'm paying for the original home, which includes all of the maintenance.

[55:01] to go along with that, plus the pilot's goal, and we moved here with the expectation

[55:07] that this would be our forever company.

[55:09] We have made a serious investment.

[55:11] We are dedicated to limiting increased remedial village, we care about the framework, it is

[55:16] giving us everything that we need, and we're doing, we're paying, I mean, it's a huge investment.

[55:22] Every single month it goes on, it extends our project team first.

[55:27] It would be something, if I were to say, I want to build out the entire third floor.

[55:30] or it already exists if you don't.

[55:32] It's just putting a commode and a steam

[55:34] in a positive forwarding there.

[55:36] That's it.

[55:37] If I have girls, it probably wouldn't be a non-issue,

[55:39] but we live in the number one sex trafficking city

[55:42] in America.

[55:43] I hate to break it to you,

[55:44] but I need to have a safe space

[55:45] for my children in the club being.

[55:47] I get it.

[55:47] That's simply good, that's it.

[55:49] Yeah.

[55:50] I think that, you know, you can jump forward

[55:55] by just taking that off the table.

[55:57] So, yeah, I think that would, that would be, we're kind of getting away from just the

[56:03] discussion of right.

[56:04] Right, right.

[56:05] The discussion would be, it would definitely explore that to expedite your situation, but

[56:11] the reason that, that I think most residents in Spring Valley, Billy find it so attractive

[56:18] is because over the years, we have continued to follow the ordinances that have been put

[56:23] fourth to protect the city. It may not make sense in just, you know, looking at it right

[56:31] now, but that is one reason that so many of us are here was because we have gotten

[56:38] together through PNZ, through the city council, we pass the ordinances, and then we live

[56:44] by them. So that's where we are. We don't, we have to decide and we'll vote at some

[56:52] point and we will have to provide our interpretation of whether or not the ordinance, uh, uh, uh,

[57:02] variances required is justified and given the ordinance. So it is that the house can't be

[57:22] with COVID who didn't in July and COVID happened in March and so you know like so we have to

[57:29] take a week and take some time before we can move forward. But it's a big concern because the

[57:36] home is perfect but it doesn't need to function and it needs to function for our families and

[57:42] so that's the issue. It's in the five bell that's just going to be a problem for somebody else

[57:45] because you're getting yourself a lump in some cell and you get that space.

[57:49] I agree and that is your prerogative and I would hope that maybe we have some way to warn people

[57:53] going forward that that is not an improved compliance space. But that's that's sort of

[58:00] the decision that the family has to make I understand. But regarding that we are to

[58:06] the point I think where we need to vote about the in terms of the motion put forward to approve

[58:13] the variance. Here, nay.

[58:18] Oppose. Oppose. Oppose. Oppose. Oppose. Oppose.

[58:22] Anything

[58:26] else to adjourn? At this point? I sort of find a copy of the August 14, 2024 Board of

[58:36] Adjustment agenda was posted to stay the night they of August. Just move for adjournment.

[58:42] And I just move forward, German, all of a second.

[58:45] Yes, yes, yes, yes.

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