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[Zoning Board of Adjustment on March 18, 2026.]
THE QUORUM PRESIDENT.I WILL NOW CALL THE MEETING OF THE ZONING BOARD OF ADJUSTMENT TO ORDER AT 6:30 PM GIVEN THE ABSENCE OF THE CHAIRMAN AND VICE CHAIRMAN, THE FIRST ITEM FOR THE BOARD IS TO SELECT AN ACTING CHAIR FOR THE MEETING.
I WILL NOW OPEN UP THE FLOOR FOR NOMINATIONS, FOR ACTING CHAIR FOR TONIGHT'S MEETING.
UM, I'LL NOMINATE PHIL TO BE ACTING CHAIR.
I'LL SECOND ALL THOSE IN FAVOR? AYE.
UH, PHIL IS THE ACTING CHAIR FOR, UH, TONIGHT'S MEETING.
SO YOU'RE GONNA HAVE TO WALK ME THROUGH THIS, BUT WE NEED TO ADOPT THE MINUTES FROM THE PREVIOUS MEETING.
THE FIRST ITEM ON THE AGENDA IS THE PUBLIC COMMENTS.
SO IF YOU CAN JUST READ THOSE, THE FIRST, FIRST THREE LINES.
SO OUR AGENDA, FIRST AGENDA ITEM TONIGHT IS TO CALL ANY VISITORS, UH, TO SPEAK TO THE BOARD THAT DO NOT HAVE ON ANY SCHEDULED, ON ANY ITEM SCHEDULED ON THE AGENDA THAT IS NOT PART OF THE PUBLIC HEARING.
DO WE HAVE ANYONE WHO WOULD LIKE TO ADDRESS THE BOARD ON ANY ITEM THAT IS NOT, UH, A PUBLIC HEARING ITEM? OKAY.
SEEING NONE, THIS BOARD MEETS TO CONSIDER AN ACT UPON REQUEST FOR VARIANCES TO THE ZONING ORDINANCES OF THE CITY OF RICHARDSON AND APPEALS FROM AN DETERMINATION BY THE ADMINISTRATIVE OFFICIAL OF THE ENFORCEMENT OF ZONING ORDINANCES.
IT DERIVES ITS POWER FROM THE STATE OF TEXAS.
THIS BOARD ALSO HEARS AN ACTS UPON REQUEST OF SPECIAL EXCEPTIONS TO THE FENCE TO FENCE REGULATIONS.
IN THE EVENT THAT YOU WISH TO APPEAL A DECISION OF THE BOARD, YOUR RECOURSE IS TO FILE AN ACTION WITH THE STATE DISTRICT COURT WITHIN 10 DAYS FOLLOWING THE DATE OF THE BOARD'S DECISION.
THE TEST USED TO DETERMINE THE APPROVAL OR DENIAL IS WHETHER SITUATION EXISTS THAT IS NOT CREATED BY YOU, WHICH PREVENTS YOU FROM USING YOUR PROPERTY IN THE DESIRED WAY THAT IF THE VARIANCE IS NOT GRANTED WILL RESULT IN A HARDSHIP TO WHICH THE BOARD CONSIDERS UNNECESSARY.
TAKING INTO ACCOUNT PERMISSIBLE FACTORS.
WE ARE NOT PERMITTED TO GRANT A VARIANCE OF THE, IF THE HARDSHIP IS SELF-IMPOSED, OR IF A FAILURE TO ACHIEVE THE VARIANCE RESULTS ONLY IN AN ECONOMIC HARDSHIP, ASKING FOR A VARIANCE TO RATIFY SOMETHING THAT WAS ALREADY DONE OR DONE IN A MATTER THAT CIRCUM CONVINCED THE LAW MIGHT ALSO BE SELF-IMPOSED.
WE ALSO CANNOT, EXCUSE ME, WE ALSO CANNOT GRANT, GRANT A VARIANCE THAT IS WHIMSICAL AND INTERFERES WITH THE SAFETY OR WELLBEING OF THE COMMUNITY.
EACH CASE IS DIVIDED INTO TWO PARTS.
THE FIRST PART IS A PRESENTATION OF THE CASE BY CITY STAFF AND TESTIMONY AND COMMENTS ARE TAKEN FROM THE PROPONENTS AND OPPONENTS OF THE REQUEST.
THE SECOND PART OCCURS WHEN THE MEMBERS OF THE BOARD DISCUSS AND CONSIDER MOTIONS AS THEY'RE MADE DURING THE SECOND PART.
NO FURTHER DATA OR INFORMATION WILL BE TAKEN BY THE PARTICIPANTS, UH, UNLESS REQUESTED BY A BOARD MEMBER.
THEN THE BOARD VOTES ON THE MOTION A DECISION TO GRANT OR DENY THE MOTION OR TO TAKE OTHER ACTION.
CONCLUDES THE CASE FOR THIS SESSION.
IT IS THE INTENT OF THIS BOARD, UM, AND, AND ALL INTERESTED PARTIES TO GIVE ALL INTERESTED PARTIES A CHANCE TO SPEAK.
EACH PARTICIPANT IS CAUTIONED, HOWEVER, TO COMBINE HIS OR HER REMARKS TO THE SPECIFIC ISSUES OF THE CASE.
REPETITIVE COMMENTS WILL BE LIMITED, UNRULY, OR DISORDERLY CONDUCT WILL NOT BE PERMITTED AT ANY TIME DURING THESE PROCEEDINGS.
I WOULD LIKE TO INTRODUCE THE REPRESENTATIVES OF THE CITY AND MEMBERS OF THE BOARD.
ANDREW BDA, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PLANNING, CHRISTINE ROSS, PLANNER, TWO AJ CASTANEDO, CASTANEDA, EXCUSE ME.
BOARD SECRETARY WILL BE THE RECORDER OF THE PROCEEDINGS.
UH, BOARD MEMBERS PRESENT PHIL THAMES, A MEMBER SABRINA BONAC, MEMBER ADA ALTERNATE VOTING AS A MEMBER TONIGHT.
AND, UM, MOHAMMAD HAIG'S ALTERNATE.
ALSO VOTING MEMBER TONIGHT, BY LAW, AT LEAST FOUR OF THE FIVE VOTING MEMBERS MUST APPROVE A MOTION BEFORE THE REQUEST CAN BE GRANTED.
UM, THERE ARE TWO REGULAR MEMBERS AND, AND TWO ALTERNATES.
THEREFORE, UM, ALL MEMBERS WILL BE VOTING AND, UM, CAN MAKE MOTIONS AS WELL.
FIRST ITEM ON THE AGENDA, WE HAVE THE APPROVAL OF THE MINUTES AND THE REGULAR BUSINESS MEETING OF FEBRUARY 18TH, 2026.
ARE THERE ANY REVISIONS NEEDED OR IS THERE A MOTION TO APPROVE? I'LL MOVE TO APPROVE.
[00:05:01]
WE HAVE A MOTION AND A SECOND.THE SECOND ITEM ON THE AGENDA IS CONSIDERATION OF SPECIAL EXCEPTION 26 DASH OH ONE.
THIS IS A REQUEST FOR A SPECIAL EXCEPTION TOCHAR.
UH, CHAPTER SIX, ARTICLE FOUR OF THE CITY OF RICHARDSON'S, CODE OF ORDINANCES, SECTION SIX DASH 2 0 9, PARAGRAPH THREE TO ALLOW FOR AN EIGHT FOOT TALL WOODEN FENCE TO BE LOCATED AT A REQUIRED FRONT YARD ALONG SAND WOOD AVENUE.
THE PROPERTY IS LOCATED AT 9 0 7 LOGAN WOOD AVENUE AND IS ZONED ARE ONE 11 M RESIDENTIAL.
I'M AT PLANNER TWO HERE WITH THE DEVELOPMENT SERVICES DEPARTMENT.
THIS IS SE 2 6 0 1 A REQUEST FOR A SPECIAL EXCEPTION TO THE, TO CHAPTER SIX OF THE CITY'S CODE OF ORDINANCES TO ALLOW AN EIGHT FOOT TALL WOODEN FENCE IN THE REQUIRED FRONT YARD ALONG SANDALWOOD AVENUE.
THE PROPERTY IS LOCATED AT 9 0 7 LOGAN WOOD AND IS ZONED R 1100 M.
HERE'S AN AERIAL IMAGE OF THE SITE.
AS YOU CAN SEE, IT IS A CORNER LOT ON THE CORNER OF LOGAN WOOD AVENUE AND SANDALWOOD AVENUE.
HERE'S AN EXHIBIT SHOWING THE EXISTING SITE AND, AND PROPOSED IMPROVEMENTS.
THE APPLICANT IS PROPOSING TO CONSTRUCT AN EIGHT FOOT TALL WOODEN FENCE IN THE REQUIRED FRONT YARD ALONG SANDALWOOD AVENUE.
THE SITE IS 0.24 ACRES LOCATED AT THE SOUTHEAST CORNER IN THE GREENWOOD HILLS SUBDIVISION.
IT WAS DEVELOPED IN 1966 WITH A ONE STORY SINGLE FAMILY RESIDENCE.
THE SITE IS SURROUNDED BY A SINGLE FAMILY RESIDENTIAL ON ALL SIDES, AND THIS RED LINE IS THE PROPOSED FENCE.
THE TOP PHOTO IS THE NORTH ELEVATION, UH, TAKEN FROM LOGAN WOOD AVENUE.
THE BOTTOM PHOTO IS THE WEST ELEVATION TAKEN FROM SANDALWOOD AVENUE.
HERE ARE SOME IMAGES OF THE UNIQUE ALLEY SITUATION.
SO THE, UM, THE SUBJECT PROPERTY SEEMINGLY EXTENDS INTO THE, THE ALLEY, UM, AND IT CAUSES CONFUSION, UM, AND IT, IT CAUSES, UM, PEDESTRIANS, BICYCLISTS, AND VEHICLES TO, UH, ATTEMPT TO CUT THROUGH.
UM, THE, TO MITIGATE THIS, THE APPLICANT INSTALLED A SHED TO BLOCK THE ENTRANCE, UM, TO STOP PEOPLE FROM ENTERING HER PROPERTY.
AND THE PROPOSED FENCE WILL REPLACE THAT SHED.
SO THE IMAGE ON THE LEFT, UM, SHOWS THAT ALLEY.
UM, YOU CAN SEE THAT THERE IS A NO OUTLET SIGN AND THEN THE SHED IS WHITE.
UM, AND THEN THE SECOND IMAGE IS THE AERIAL.
THE APPLICANT STATES, UM, AS I PREVIOUSLY MENTIONED, THAT THERE ARE, THERE IS UNOR UNAUTHORIZED TRAFFIC THAT USES THE DRIVEWAY TO CUT THROUGH TO THE ALLEY IN THE STREET.
UM, THE APPLICANT DESIRES TO SECURE THE BACKYARD TO INCREASE THE SAFETY OF THEIR CHILDREN TO PLAY IN IN 1982.
AND THEN AGAIN IN 2001, A SIX TO EIGHT FOOT TALL WOODEN FENCE WAS CONSTRUCTED IN THE FRONT YARD ALONG SAND WOOD AVENUE, BUT, BUT IT WAS REMOVED IN 2020 PRIOR TO WHEN THE APPLICANT PURCHASED THE HOME.
AND THE APPLICANT IS SEEKING TO INSTALL THE FENCE IN APPROXIMATELY THE SAME LOCATION AS THE PREVIOUS FENCES.
UM, BUT THE PREVIOUS FENCES DID NOT HAVE THE REQUIRED 15 BY 20 VISIBILITY TRIANGLE AT THE SOUTHWEST PORTION OF THE PROPERTY.
AND THE APPLICANT IS PROPOSING TO INCLUDE THAT AS PART OF THAT PART OF TONIGHT'S REQUEST TO COMPLY WITH THE ORDINANCE 8 0 1 AND 8 3 1 LOGAN WOOD R TWO CORNER LOTS THAT ALSO HAVE WOODEN FENCES IN THE REQUIRED FRONT YARDS THAT FACE LOGAN WOOD AVENUE.
SPECIAL EXCEPTIONS DIFFER FROM VARIANCE REQUESTS.
SPECIAL EXCEPTION COMES FROM THE CODE OF OR ORDINANCES AND VARIANCE REQUESTS COME FROM THE COMPREHENSIVE ZONING ORDINANCE, AND APPLICANT IS NOT REQUIRED TO MEET THE SAME STRICT CRITERIA.
INSTEAD, CHAPTER SIX OF THE CITY'S CODE OF ORDINANCES STATES THAT SPECIAL EXCEPTIONS MUST ENSURE THAT PUBLIC SAFETY AND WELFARE WILL BE SUBSTANTIALLY SERVED AND THE USE OF NEIGHBORING PROPERTIES WILL NOT BE INJURED.
THEREFORE, THE BOARD OF ADJUSTMENT MAY GRANT A SPECIAL EXCEPTION, PROVIDED THAT IT WILL PERMIT REASONABLE DEVELOPMENT OF THE PROPERTY WHERE THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BASED ON THE INFORMATION PROVIDED BY THE APPLICANT AND APPLICABLE CODES AND ORDINANCES.
IT IS IN, IT IS IN STAFF'S OPINION THAT THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION DOES APPEAR TO BE CON OR DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC SAFETY DOES NOT APPEAR TO NEGATIVELY IMPACT
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NEIGHBORING PROPERTIES DUE TO MULTIPLE NEIGHBORING PROPERTIES HAVING EXISTING FENCES, UM, INCLUDING EIGHT FOOT TALL WOODEN FENCES WITHIN THE REQUIRED FRONT YARDS AND APPEARS TO ALLOW FOR REASONABLE DEVELOPMENT AND IMPROVEMENT OF THE SUBJECT PROPERTY.THEREFORE, STAFF RECOMMENDS APPROVAL AND I'M HAPPY TO ANSWER ANY QUESTIONS.
UM, JUST OUTTA CURIOSITY, IS THAT SHED, UM, WAS THAT, IS IT PERMITTED THAT WAY? NOT THAT IT REALLY MATTERS, BUT IT'S JUST CURIOSITY.
IT JUST LOOKED LIKE IT'S IN THE MIDDLE OF AN ALLEY, BUT IT'S NOT AN ALLEY.
UM, I BELIEVE THE PERMITTING PROCESS WOULD GO THROUGH THE BUILDING DEPARTMENT, SO I CAN'T REALLY SPEAK TO THAT.
I THINK THERE ARE SOME SHEDS IF THEY'RE BELOW A CERTAIN SIZE, THEY DO NOT NEED TO GET A PERMIT, BUT THEY DO NEED TO, THEY DO NEED TO ADHERE TO OUR ORDINANCES OR RELATE AS IT RELATES TO SETBACKS AND ALL OF THAT.
SO FROM WHAT IT LOOKS LIKE, IT LOOKS LIKE IT APPEARS TO, IT ADHERES TO THE SETBACKS.
UM, BUT I'M NOT SURE IF THEY GOT A PERMIT FOR THAT OR NOT.
I JUST, IT JUST LOOKED GOOFY AND I JUST THOUGHT IT WAS FUNNY.
AND THE APPLICANT, KAREN, IS HERE TONIGHT.
THIS TIME I WOULD CALL THE APPLICANT AND ANY PERSON SPEAK ON BEHALF OF THE APPLICANT FOR A SPECIAL EXCEPTION 26 DASH ZERO ONE REGARDING PROPERTY LOCATED AT 9 0 7 LOGAN WOOD AVENUE, AND ASK THAT ANY WITNESSES WHO WISH TO TESTIFY COME FORWARD TO BE SWORN IN.
ARE BOTH OF YOU GOING TO TESTIFY OR ARE YOU BOTH THE HOMEOWNERS? YEAH, HE'S MY PARTNER.
UM, COULD, WE COULD GET YOUR NAME AND YOUR CITY OF WHERE YOU LIVE? KAREN SOYA.
WE NEED THE ADDRESS, OH, SORRY.
9 0 7 LOGAN WOOD AVENUE, RICHARDSON, TEXAS 7 5 0 8 0.
UH, BARTHOLOMEW WHEELER, 9 0 7 LOGAN WOOD AVENUE, RICHARDSON, TEXAS.
UM, COULD YOU RA BOTH RAISE YOUR RIGHT HAND? DO EACH OF YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
SO AT THIS TIME, UM, YOU CAN GIVE YOUR REMARKS IN, IN FAVOR, I'M ASSUMING OF THIS, UH,
SO, UM, AND THEN WE'LL ASK QUESTIONS.
UM, SO, UM, WHEN WE PURCHASED THE PROPERTY, WE LOVED THE REALLY LARGE BACKYARD AND WE LOOKED FORWARD TO LIKE BEING ABLE TO USE IT TO SIT AND EAT OUTSIDE AND TO LET OUR DAUGHTER PLAY OUTSIDE.
UM, WE THOUGHT IT WOULDN'T BE A BIG DEAL TO EVENTUALLY BUILD A FENCE ONCE WE WERE ABLE TO, UM, BECAUSE WE HAD SEEN THAT THE PROPERTY HAD A FENCE BEFORE.
UM, AND THEN, YOU KNOW, IN THE TIME LIVING THERE, UM, WE DID NOTICE THAT WE WOULD BE INSIDE AND JUST SEE PEOPLE WALKING, YOU KNOW, THROUGH OUR DRIVEWAY TO THE ALLEY.
UM, YOU KNOW, EITHER WALKING DOGS OR LIKE KIDS RIDING ON BIKES AND STUFF LIKE THAT.
THE OTHER DAY SOMEONE DROVE IN OUR DRIVEWAY AND THEN HAD TO REVERSE 'CAUSE THEY SAW THE SHED THERE.
UM, AND SO WE'RE JUST WANTING TO, YOU KNOW, UM, YOU KNOW, PROTECT OUR FAMILY AND PROTECT OUR PROPERTY.
AND I ALSO THINK THAT HAVING THE FENCE WOULD JUST MAKE THE PROPERTY LOOK NICER TOO.
I WOULD JUST, UH, YOU KNOW, ADD TO THAT EVERYTHING OF COURSE, UM, THE RIGHT WHERE, UH, THE CARS AND PEDESTRIANS SEEM TO COME THROUGH IS KIND OF RIGHT WHERE OUR DAUGHTER ALWAYS SEEMS TO WANT TO PLAY.
BUT AS WELL, I THINK, UH, IT WOULD MAKE THE NEIGHBORHOOD VIEW JUST A LITTLE NICER AS WELL.
'CAUSE THEY'RE, YOU KNOW, ALL VIEWS KIND OF FROM THAT ANGLE, JUST SORT OF LOOK RIGHT INTO OUR BACKYARD AND, YOU KNOW, I AGREE.
I THINK THE SHED IS KIND OF GOOFY AS WELL.
SO THE SHED WAS THERE WHEN WE MOVED IN.
AND WE FIGURED OUT THAT WAS WHY IT WAS PLACED THERE.
ANY QUESTIONS FOR THE APPLICANTS? I, I HAVE ONE.
UM, DID YOU SEE THE ANY, DO YOU HAVE ANY, DID YOU SEE ANY PHOTOGRAPHS OR WAS THE FENCE THERE WHEN YOU WERE TRYING TO PURCHASE THE PROPERTY? OR WAS IT ALREADY TORN DOWN? IT WAS ALREADY TORN DOWN WHEN YOU PURCHASED.
I DIDN'T KNOW IF, IT SEEMS LOGICAL IF, UH, BASED ON THE, THE HISTORY OF THE PROPERTY THAT THERE WAS A FENCE THERE, SO, OKAY.
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ALL RIGHT.AND NO ONE IS HERE TO SPEAK UP IN, UH, OPPOSITION TO THIS REQUEST, CORRECT? I DON'T SEE ANYONE IN THE GALLERY.
YOU STILL HAVE TO OPEN THE PUBLIC HEARING AND THEN ASK THAT QUESTION, AND THEN IF YOU DON'T HEAR ANYONE, UM, FROM THE PUBLIC, THEN YOU CAN CLOSE THE PUBLIC HEARING.
SO I'LL CLOSE THIS PART OF THE, UH, THE MEETING AND THEN OPEN THE PUBLIC HEARING.
UM, IS THERE ANYONE ELSE HERE THAT WANTS TO SPEAK IN FAVOR? ANYONE WHO WANTS TO SPEAK IN OPPOSITION? I DON'T SEE ANYONE, UM, SEEING NO FURTHER PUBLIC COMMENTS, I WILL NOW CLOSE THE PUBLIC HEARING AND OPEN FOR BOARD DELIBERATION.
JUST A QUICK QUESTION, THEY DON'T NEED TO DO ANYMORE, LIKE THEY'RE FOLLOWING THE FENCE LINE AS, AS WAS WRITTEN BY THE CODE.
THEY'RE JUST GONNA BE PUTTING A MOTORIZED FENCE IN THE, UM, LIKE AN APPROVED FENCE OR LIKE IT WOULD BE APPROVED, THEY DON'T NEED TO DO ANYTHING ELSE.
SO, UM, THEY WOULD JUST NEED TO GET A PERMIT THROUGH THE, UM, BUILDING INSPECTION DEPARTMENT IF, UM, IF YOU GRANT THEIR, UH, REQUEST TONIGHT.
UM, I'LL ENTERTAIN A MO, UH, UM, I'LL MOVE TO APPROVE SPECIAL EXCEPTION 26 0 1 AS IT DOES NOT APPEAR TO BE CONTRARY TO PUBLIC SAFETY AND DOES NOT APPEAR TO NEGATIVELY IMPACT NEIGHBORING PROPERTIES.
THERE'S A MOTION AND A SECOND.
I PASS UNANIMOUSLY FOR FOUR BOARD MEMBERS THAT ARE PRESENT AT THIS TIME.
I'LL NOW ENTERTAIN A MOTION TO ADJOURN.
I, I, I, I HAVE THE MOTION TO ADJOURN.
THANK YOU VERY MUCH FOR COMING.
THESE, THEY'RE NOT ALL THIS EASY, SO WE APPRECIATE IT,
OH, UH, THE TIME IS 6:47 PM AND WE ARE ADJOURNED.