Jan 22, 2026 Board Of Adjustment

Mesquite, TX · 2026-01-22 · More Mesquite, TX meetings · More Texas meetings

Agenda

[0:03] CALL TO ORDER

[4:54] 3. ELECTION OF BOARD OFFICERS

[13:38] CONSENT AGENDA

[15:27] 6. BOA1225-0486 – SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by The Charles Morgan Group, LP, on behalf of 16230 LBJ Freeway, LLC., for a Special Exception to allow two 150-foot steel flagpoles on the site of the Lone Star Cadillac of Mesquite car dealership, exceeding the 75-feet height limit, located at 16190 LBJ Freeway (IH-635). (Carolyn Horner, Senior Planner).

[18:38] 7. BOA1225-0487 – SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by The Charles Morgan Group, LP, on behalf of 16230 LBJ Freeway, LLC., for a Special Exception to allow two 150-foot steel flagpoles on the site of the Lone Star Cadillac of Mesquite car dealership, exceeding the 75-feet height limit, located at 16160 LBJ Freeway (IH-635). (Carolyn Horner, Senior Planner).

[27:13] OTHER BOARD BUSINESS

Transcript

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[0:04] I hear a bar here by call the Board of Justice of the City of Mesquite, Texas meeting to order today. The time is 6.40 pm on January 22nd, 2026. Welcome.

[0:23] Madam Clerk, at this time, would you please call the roll?

[0:30] Sorry. Board members, as I call your name, please state present. Mr. Brower. Present. Mr. Augustine. Present. Mr. Williams. Present.

[0:41] Mr. Dangerfield, and Ms. Ford.

[0:44] Present.

[0:48] Do I state Madam, or Mr. Chair?

[0:53] Acting Chair, you have a quorum.

[0:59] I'm sorry, Madam.

[1:05] Thank you, Madam Clerk.

[1:07] For the record, the Board of Adjustments does have a quorum and may now proceed with its business as outlined on the agenda.

[1:15] I will now proceed with making a public announcement regarding the board's procedures.

[1:23] I will first like to announce that persons in the attendance wishing to speak to the

[1:28] board will be given that opportunity.

[1:32] As we go through the agenda, I will announce the various times when it is appropriate to

[1:36] come forward and address the board should you choose to do so.

[1:40] When there's time to speak, I will call you to please come forward to the podium, and you would need to give your name and your address for the record.

[1:51] Any materials presented to the board should be given to the clerk and should be become part of the official record.

[1:58] Next, the Board of Adjustments consists of five voting members, four members constitutes a quorum and is required to conduct a meeting.

[2:06] to approve an application or to decide in favor of an applicant for alternative votes are required.

[2:15] The board's decision is not an official final decision until it is filed in the board's office.

[2:22] The board's decisions cannot be appealed to the city council. If any person should wish to make

[2:28] a request for reconsideration, you should follow the procedure identified in the miskept zoning ordinance,

[2:34] Section 5-208. Otherwise, if you wish to appeal a decision of the board, the next step

[2:41] would be to appeal to the Court of Appropriate jurisdiction as identified in the Texas Local

[2:47] Government Code Section 2-11.011. Please note that should the board approve your application

[2:56] for the special exception or variance, it will generally expire 180 days after the date

[3:03] of the board's decision is filed in the board's office, unless a building permit approved

[3:10] sign, plan, site plan, or certificate of occupancy is issued before the expiration.

[3:19] Note the applicant may request in the extension before the expiration of the 180 days, but in

[3:25] no events for the board grant a time period of more than 365 days.

[3:31] Once the board's decision is filed in the board's office, you may apply for the building

[3:36] permit online through the Citizens Access Portal, which is on the city's website, www.cityemiskey.com.

[3:46] Should any person have a question regarding the application process for a building permit,

[3:52] please check with the members of the city's staff before you leave tonight.

[3:56] At

[3:59] this time, individuals in attendance wishing to make public comments regarding any item on the consent agenda

[4:05] should be allowed to speak for a length of time not to see three minutes.

[4:11] Citizens addressing the board through an interpreter will be allowed six minutes.

[4:16] If you are here to speak on the item listed on the agenda under a public hearing,

[4:21] please remain seated and hold your comments until the public hearing is called at that item.

[4:28] So at this time, if you wish to make any public comments regarding any item or the consent agenda,

[4:34] not related to any specific hearing, please come forward to the podium and you would need to

[4:39] give your name and address for the record.

[4:51] Okay, no one has come forward to speak, so we're going to

[4:56] go to board business, which is agenda item number three.

[5:06] Agenda item number three is the election of

[5:08] the board officers, the first officer position we'll consider is chair, are there any nominations

[5:17] from the floor?

[5:24] All in all, Andrew Williams.

[5:33] Same.

[5:42] Yes, I accept the nomination, thank you.

[6:01] Are there any other nominations that

[6:07] we close nominations?

[6:13] Okay, hearing no further nominations, nominations for the office of chairs are closed.

[6:18] We

[6:24] have one nomination for Chair.

[6:26] Can I get a motion to appoint Andrew Williams?

[6:32] So moved.

[6:36] My second.

[6:41] Thank you, Arm.

[6:43] Sorry for that guy's name.

[6:46] For your second motion, the motion passed.

[6:53] Andrew Williams has been elected as Chair.

[6:58] I'm sorry.

[6:59] All right.

[7:00] Oh, please let me have a call for a vote.

[7:10] Board members, please catch the vote.

[7:38] Okay.

[7:52] The motion has passed and the Williams has been elected as chairs.

[8:07] Sorry, I'm not sure where I'm at here.

[8:17] Oh,

[8:21] can we have the approval of minutes?

[8:24] Vice chair.

[8:25] Vice chair.

[8:26] Where I don't see that one.

[8:27] I would have to cut back to what page is that on.

[8:48] Okay,

[9:03] again with agenda item number three, for the election of the board officers,

[9:08] the next officer position will consider his vice chair.

[9:12] Are there any nominations from the floor?

[9:43] Last call, are there any more nominations for the vice chair?

[9:55] I would like to nominate Mr. Augustine as vice chair for the Board of Adjustment.

[10:05] I second that motion.

[10:06] Thank you.

[10:10] Board member, I kind of remember you name Augustine has been nominated for Vice Chair.

[10:21] The Chair asked the nominee if the consent to nomination, Augustine, do you accept the

[10:29] nomination?

[10:30] All right, sir.

[10:40] Mr. Chair, I move that we close nomination.

[10:48] No second, ma'am.

[10:49] Thank

[10:55] you.

[10:56] The chair acknowledges that Augustine has been nominated elected as vice chair.

[11:08] Congratulations.

[11:10] I'm sorry.

[11:12] I keep keeping it over that.

[11:29] Mr. Chair, could I ask for a clarification?

[11:32] I think maybe one way this is postured right now is perhaps there was a motion by Mr.

[11:38] Mr. Brower with a second by Ms. Ford to nominate Mr. Augustin as vice chair, is that correct?

[11:46] That's correct.

[11:46] All right, thank you.

[11:47] So I think it's ready for voting, whatever you are, Mr. Chair.

[11:54] Yes, can we have a vote?

[12:21] I agree.

[12:23] I'm sorry.

[12:36] I'm sorry.

[12:44] I'm sorry.

[12:45] I'm sorry.

[12:46] I'm sorry.

[12:48] I'm sorry.

[12:53] I'm

[12:59] sorry.

[13:13] We have, can I get a motion to appoint, no, we did that, thank

[13:22] you.

[13:25] Okay, that motion has passed, Mr. Augustine, has been elected vice chair.

[13:39] At this time, the board will discuss and consider approval of the consent agenda items.

[13:44] Does the board have any comments or corrections that need to be made to the minutes?

[13:48] Does

[13:54] the board have any comments or questions regarding any other items on the consent agenda?

[14:08] I move that the board approves the consent agenda.

[14:14] Secretary,

[14:21] thank you board member Augustine.

[14:31] Is there any further discussion?

[14:36] That motion carries in the consent agenda as approved with a vote.

[14:42] Okay, this vote.

[15:10] That motion carries and the consent agenda is approved with a 5-0 vote.

[15:28] Staff have determined that all uncontested cases listed on the agenda meet the required criteria for approval and recommends approval.

[15:36] Therefore, all cases on the uncontested cases section of the agenda may be approved with one motion without the need for testimony from the applicants.

[15:46] However, board members may request that a case be removed from the uncontested cases section

[15:52] of the agenda and instead be placed on the contested cases section of the agenda.

[15:59] Is there such a request at this time from any board member?

[16:08] Also, at this time, should any individual and attendance wish to speak in opposition on

[16:13] any cases listed on the uncontested cases section of the agenda?

[16:19] The said case may be removed by request and placed instead on the contested case section

[16:25] of the agenda.

[16:26] Do we have such a request at this time from any individual in attendance that is here

[16:31] in opposition to the cases, to the case listed on the uncontested section?

[16:41] If so, please come forward at this time if you are in opposition to the case.

[16:50] I would like to clarify for those in attendance wishing to speak on a case in the contested cases

[16:56] this section of the agenda, you have an opportunity to speak when you get to that portion of the agenda.

[17:02] The staff have a briefing for the board on these cases.

[17:10] Good evening, yes, staff has a presentation for the two items tonight.

[17:18] So good evening board members.

[17:20] We have two uncontested cases on the agenda and for the record, as you stated.

[17:25] These are cases in which staff is recommending approval, and for which staff has received no opposition

[17:32] from property owners within 200 feet of the site.

[17:37] The first item is, or first case, is BOA 1, 2, 2, 5, dash 0, 4, 8, 6.

[17:45] It's a special exception to allow 250 foot tall steel flag poles on the site of the

[17:51] Loanstar Cadillac of Mesquite car dealership, which exceeds the 75 foot height limit, and

[17:58] and is located at 16 190 LBJ freeway or I635.

[18:06] Here's a, I sure hope you can see the special exception site plan showing the location of the two,

[18:13] or proposed location of the two flag poles inside the red circles.

[18:20] Here's a shot along the front.

[18:23] There's the Clay Cooley Cadillac, also known as the Lone Star Cadillac.

[18:29] The flag poles will be on one on each side of the building, not right at the front, but on the sides.

[18:39] The second uncontested case is BOA 122-5-0487.

[18:46] So a special exception to allow 250 foot tall steel flag poles on the side of the clay,

[18:53] a coolee genesis of mesquite car dealership,

[18:56] seeding the 75 foot height limit, located at 16 160 LBJ freeway or I635.

[19:04] Here is the concept plan on this one.

[19:06] Instead of red circles, they're noted in blue.

[19:10] And these two will flag, these two proposed flag poles will front of the building,

[19:17] so you can see them as you are entering off of the access road.

[19:21] And

[19:24] as you can tell, they're right next door to the Cadillac dealership.

[19:30] Here are a couple of slides just kind of showing you along 635.

[19:37] You've got the Genesis dealership, Cadillac dealership, and there's another one along the

[19:42] way.

[19:43] And just in case you are not familiar with the status of the construction along this site.

[19:49] The view from the genesis dealership across IH635 is there as well.

[19:57] The criteria for a special exception, according to the Mesquite Zoning Ordinance Section 3-702D

[20:05] for antenna, aerials and flag poles, states that the Board of Adjustment may grant a special

[20:12] exception to allow a flag pole, which exceeds 75 feet in height, where it determines that

[20:17] the exception can be accommodated without creating adverse impacts on adjacent properties

[20:23] and that it will be compatible with the general character of development in the area.

[20:29] Staff is recommending approval of both special exceptions for BOA 1225-0486 and BOA 1225-0487,

[20:43] Also known as 16190 LBJ Freeway and 16160 LBJ Freeway.

[20:51] Staff would also like to point out that the adjacent property at 16230 IH635 received a special exception approval from the Board of Adjustment in 2020 to allow to 150-foot tall flag poles.

[21:06] The property across North Galloway Avenue, the Trophy Nissan, was granted approval for a 160 foot flag poll for the display of an American flag or a Texas state flag back in 1986.

[21:21] In 1986, oversized flag polls required approval of a variance.

[21:26] The standards were a little different back then.

[21:28] Now it's such a request if Trophy Nissan were to come in, it would be a special exception.

[21:33] Approval of their request would be compatible with the general character of the development

[21:38] in the neighborhood.

[21:39] And staff is ready for any questions you may have.

[21:45] Oh, and the applicant is also here.

[21:47] So I have a question.

[21:52] Is the flagpole, how they can get the flags up and down?

[21:56] Is that going to be a rope on the outside of the pole?

[21:59] Or is there like a special chain that's inside that slides up and down?

[22:03] I'm going to defer to the applicant to answer that question.

[22:12] Good evening, board and staff.

[22:13] My name is Daven Marso and I live at 131 Shepherd's Glen Road in Heath, Texas.

[22:18] I'm the GC that built both of those dealerships.

[22:21] We work extensively with the Coolies and this is just kind of part of the branding for you guys

[22:26] have been to Irving and don't come out on other areas.

[22:28] And you guys know that Mr. Coolies is extremely passionate about these flags.

[22:30] So, to address your question, I think Mr. Brewer was your question, is they hire Simmons Fly Company?

[22:40] Because these are 80 foot by 40 foot fly poles and they're approximately 100 pounds a piece.

[22:46] So it's not going to be a guy, you know, she made a rope down or a chain down.

[22:50] And they're automated systems and they hire Simmons Fly Company to handle the maintenance on the fly poles.

[22:57] the raising lowering mechanisms, the lighting, and the flags themselves to make sure that they'd hear to fly code at all times.

[23:17] Absolutely. That's why you see it's kind of in a goofy spot on Cadillac. It's halfway up.

[23:21] That way we could get the required setbacks from those easements because it's an encore easement that runs through that area and it's 75 foot on either side.

[23:28] So we wanted to make sure we made sure we had the clearance. That's why you see on Genesis, they're on the front because we have the clearance to the south and to the east.

[23:37] And so we put them in those locations on Cadillac specifically to address the appropriate

[23:41] setbacks and the appropriate easements that exist in the area.

[23:55] Any other questions of me?

[23:58] Just to have a question on the one-pound flagpole is going to be on the property line.

[24:02] I know they're right now both lots are owned by Clay Valley, but in the future, slots get

[24:10] sold and they'll end up with different property owners.

[24:13] It's Clay Coulee going to be available to take those flagpoles down if the adjacent property

[24:18] owner doesn't want it.

[24:19] Absolutely, you know, it's the thing that I don't know about the coolies is they adhere strictly to whatever ordinance, whatever guidance that's put out.

[24:26] So I have no, you know, I don't anticipate that being so.

[24:29] I think if you look at Mr. Coolie's strategy, it's by-build pretty much everything inside that they can, but to your points are, you know, you never really know it's going to hold in the future, but it certainly something will be addressed appropriately.

[24:42] No more questions?

[24:43] Thank you.

[24:47] At this time, I'd like to open the public hearing for all cases as listed in the uncontested

[24:52] cases section of the agenda.

[24:55] If you'd like to speak, please come forward to the podium and you will need to give your

[24:59] name and address for the record.

[25:08] If you'd like to speak, please come forward to the podium and you would need to give your

[25:12] name and address for the record.

[25:19] The public hearing is now closed.

[25:23] Does the board have any further comments or questions?

[25:32] Does the board have a motion?

[25:37] Do these two special exceptions require separate motions?

[25:42] You can do them as one motion unless there's a member of the board that would like them

[25:48] addressed separately.

[25:50] Okay, in that case, after careful consideration, I move.

[25:55] We approve special reception number BOA 1, 2, 2, 5, 0, 4, 8, 6, and 0, 4, 8, 7.

[26:09] Second.

[26:15] Thank you board members.

[26:18] Board members, we have a motion in a second to approve all cases of the uncontested section of the agenda items.

[26:32] Is there any further discussion?

[26:38] Board members, please vote.

[26:39] So that

[26:57] motion carries in the applicant's applications have been approved with a 5-0 vote.

[27:07] We have no contested cases on the agenda tonight.

[27:13] It's time now to move to the staff board liaison report.

[27:17] Do the staff or board liaison have a report for the board?

[27:19] I just mentioned the next board meeting is February 26th, I also want to make a statement

[27:33] just from staff who are appreciating the new members tonight.

[27:38] We have actually four new members to first meet, and I also want to thank the chair for

[27:45] the voluntary and stepping out and rallying the meeting.

[27:49] Style hard, style, ED position, and from on behalf of staff,

[27:53] it's worth appreciating that.

[27:56] Express that appreciation.

[27:58] Have no further comments.

[28:03] Thank you, staff.

[28:05] Is there any further business for the board?

[28:12] Since there is no further board business, the meeting is adjourned.