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PRESENT, I WILL NOW CALL[Zoning Board of Adjustment on May 20, 2026.]
THE MEETING OF THE ZONING BOARD OF ADJUSTMENT TO ORDER AT 6:32 PM THE FIRST ITEM ON OUR AGENDA IS TO CALL ANY VISITORS TO SPEAK TO THE BOARD.DO WE HAVE ANYONE WHO WOULD LIKE TO ADDRESS THE BOARD? ALRIGHT, SO THIS BOARD MEETS TO CONSIDER AND ACT UPON REQUEST FOR VARIANCES TO THE ZONING ORDINANCES OF THE CITY OF RICHARDSON AND APPEALS FROM A DETERMINATION BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF ZONING ORDINANCES.
IT DERIVES ITS POWER FROM THE STATE OF TEXAS.
THIS BOARD ALSO HEARS AN ACTS UPON REQUEST FOR SPECIAL EXCEPTIONS TO DEFENSE REGULATIONS.
IN THE EVENT THAT YOU WISH TO APPEAL A DECISION OF THE BOARD, YOUR RECOURSE IS TO FILE AN ACTION IN THE STATE DISTRICT COURT WITHIN 10 DAYS FOLLOWING THE DATE OF THE BOARD'S DECISION.
THE TEST USED TO DETERMINE APPROVAL OR DENIAL IS WHETHER A SITUATION EXISTS THAT IS NOT CREATED BY YOU, WHICH PREVENTS YOU FROM USING YOUR PROPERTY IN THE DESIRED WAY.
AND THAT IF THE VARIANCE IS NOT GRANTED WILL RESULT IN A HARDSHIP WHICH THE BOARD CONSIDERS UNNECESSARY.
TAKING INTO ACCOUNT PERMISSIBLE FACTORS, WE ARE NOT PERMITTED TO GRANT A VARIANCE THAT THE HARDSHIP IS SELF-IMPOSED OR 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 MANNER THAT CIRCUMSTANCES EVENTS THE LAW MIGHT ALSO BE SELF-IMPOSED.
WE ALSO CANNOT GRANT A VARIANCE IF IT IS WHIMSICAL OR INTERFERES, INTERFERES WITH THE SAFETY AND WELLBEING OF THE COMMUNITY.
EACH CASE IS DIVIDED INTO TWO PARTS.
THE FIRST PART IS THE PRESENTATION OF THE CASE BY THE CITY STAFF AND TESTIMONY AND COMMENTS ARE TAKEN FROM THE PROPONENTS AND THE OPPONENTS OF THE REQUEST.
THE SECOND PART OCCURS AND 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 FROM THE PARTICIPANTS 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 THE BOARD TO GIVE ALL INTERESTED PARTIES A CHANCE TO SPEAK.
EACH PARTICIPANT, PARTICIPANT IS CAUTIONED, HOWEVER, TO CONFINE HIS OR HER REMARKS TO THE SPEC 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 NOW LIKE TO INTRODUCE THE REPRESENTATIVES OF THE CITY AND THE MEMBERS OF THE BOARD.
TINA GANS, DIRECTOR OF DEVELOPMENT SERVICES, ANDREW BDA, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PLANNING.
DEREK PETERS, SENIOR PLANNER AND NORMA MEN MENDOZA, BOARD SECRETARY WHO WILL BE THE RECORDER OF THESE PROCEEDINGS.
BOARD MEMBERS ARE JASON LEMON'S, CHAIR SCOTT RUCKER, VICE CHAIR PHIL THAMES.
MEMBER SABRINA BONE SACK MEMBER MUSA MAAH ALTERNATE AND MOHAM HA'S ALTERNATE BY LAW.
AT LEAST FOUR OF THE FIVE VOTING MEMBERS WILL, UH, MUST APPROVE A MOTION BEFORE THE REQUEST CAN BE GRANTED.
UM, SO WE HAVE TWO ITEMS ON TONIGHT'S AGENDA.
UM, MR. MATA, DO YOU WANT TO TO BE THE VOTE ON ITEM ONE AND THEN, UH, MR. HAFE, YOU CAN BE THE VOTE ON ITEM TWO.
SO THE FIRST ITEM ON THE AGENDA WE HAVE IS THE APPROVAL OF THE MINUTES OF THE REGULAR BUSINESS MEETING OF APRIL 15TH, 2026.
ARE THERE ANY REVISIONS NEEDED OR IS THERE A MOTION TO APPROVE THE MINUTES? A MOTION TO APPROVE.
ALRIGHT, SO MR. IV MAKES A MOTION TO APPROVE THE MINUTES.
DO WE HAVE A SECOND? I'LL SECOND.
ALL IN FAVOR OF APPROVING THE MINUTES OF THE APRIL 15TH, 2026 MEETING.
ALL OPPOSED? AND THAT MOTION CARRIES UNANIMOUSLY.
ALRIGHT, SECOND ITEM ON THE, ON THE AGENDA IS THE CONSIDERATION OF SPECIAL EXCEPTION 26 0 3.
UM, A REQUEST FOR A SPECIAL EXCEPTION TO CHAPTER SIX, ARTICLE FOUR OF THE CITY OF RICHARDSON'S, CODE OF ORDINANCES SECTION SIX DASH 2 0 9 3 TO ALLOW A WOODEN FENCE UP TO EIGHT FEET TALL TO BE LOCATED IN THE REQUIRED FRONT YARD ALONG VINE CREST LANE.
THE PROPERTY IS LOCATED AT 1911 GREENHAVEN DRIVE AND IS ZONED R 1500 M RESIDENTIAL DE PETERS SENIOR PLANNER REPRESENTING THE CITY STAFF WILL NOW MAKE A PRESENTATION REGARDING THE REQUEST.
MS. PETERS, WHILE I HAVE THIS, THANK YOU.
WHILE I HAVE THIS CAPTION UP ON THE SCREEN, I'LL BRING ATTENTION THAT THIS IS A PROPERTY ZONED R 1100 M SO THAT'S A CORRECTION FROM THE STAFF REPORT.
SO THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF GREENHAVEN DRIVE IN VINE CREST LANE IN THE R 1100 M RESIDENTIAL ZONING DISTRICT.
IT IS A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD.
UH, THE PROPERTY IS A SINGLE FAMILY RESIDENTIAL HOUSE.
THE PROPERTY IS LOCATED APPROXIMATELY 200 FEET SOUTH OF THE INTERSECTION OF WEST CAMPBELL ROAD AND GREENHAVEN.
THE LOT IS APPROXIMATELY 0.2 ACRES AND WAS DEVELOPED WITH A 2,800 SQUARE FOOT TWO STORY HOUSE WHEN IT WAS ORIGINALLY SUBDIVIDED BEING A CORNER LOT.
IT WAS PLATTED WITH TWO FRONT BUILDING LINES ON GREEN HAVEN AS WELL AS VINE CREST LANE.
SO THAT'S A 30 FOOT BUILDING LINE SET BACK FROM THE FRONT PROPERTY LINE.
SO ALTHOUGH THE HOUSE IS ORIENTED TOWARDS GREEN HAVEN, ITS FRONT DOOR IS POINTED TOWARDS GREEN HAVEN AND GREEN HAVEN IS UTILIZED AS THE FRONT YARD.
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VINE CREST IS ALSO CONSIDERED A FRONT YARD.SO THIS IS A REQUEST TO ALLOW A FENCE IN THE FRONT YARD ALONG VINE CREST.
AND THAT'S SHOWN IN THE RED OUTLINE ON THE SCREEN.
THE AREA THAT'S IN FRONT OF THE FRONT BUILDING LINE, THE AREA THAT'S TYPICALLY PROHIBITED IS HIGHLIGHTED IN YELLOW.
SO THAT'S BETWEEN VINE CREST LANE AND THE SOUTH WALL OF THE HOUSE.
THE PROPERTY IS ALSO, UH, HAS AN EXISTING YARD.
THERE'S AN ENCLOSED YARD IN THE NORTHWEST PORTION OF THE LOT AND THAT'S ENCLOSED BY A FOUR FOOT TALL CHAIN LINK FENCE.
BUT THE APPLICANT DESIRES TO EXPAND THEIR REAR YARD TO THE SOUTH AS WELL.
UM, THE APPLICANT DOESN'T TEND TO PUT A VEHICULAR GATE ACROSS THEIR DRIVEWAY THAT FACES ONTO THE ALLEY, SO THE NEW FENCE WOULD MEET THAT GATE.
ALSO ON THIS IMAGE YOU SEE THE ACTUAL PLATTED BUILDING LINE IN THE GRAY DOTTED LINE.
SO THE FENCE IS SHOWN IN BLUE HERE.
SO THAT'S THE PROPOSED FENCE IN BLUE.
WHAT'S SHOWN IN RED IS THE INTERSECTION VISIBILITY TRIANGLE.
SO OUR TRAFFIC ENGINEERS CREATED THIS DIAGRAM FOR US TO SHOW US THE REQUIRED INTERSECTION VISIBILITY TRIANGLE WHERE NO STRUCTURES CAN BE PLACED TO ENSURE THAT CARS AT THE INTERSECTION OF VINE CREST AND GREEN HAVEN HAVE CLEAR VISIBILITY IN THAT AREA.
AS YOU CAN SEE, THE FENCE WILL BE SET BACK 40 FEET FROM THE BACK OF CURB OF GREEN HAVEN AND IT'S SET BACK 13 FEET FROM THAT INNER, UH, THAT VISIBILITY TRIANGLE.
ALSO ON THE LEFT HAND SIDE, THERE'S A SMALL OR ALLEY CORNER CLIP.
SINCE THIS HOUSE BACKS UP TO AN ALLEY, THERE IS A REQUIRED CORNER CLIP TO ENSURE, UH, VISIBILITY AT THE CORNER OF THE ALLEY AND THE STREET AS WELL.
HERE'S A VIEW OF THE FRONT OF THE HOME AND ON THE LEFT SIDE WHERE THERE'S A SHORT WING WALL TODAY, THAT'S THE GENERAL AREA WHERE THAT, WHERE THAT NEW FENCE WILL MEET THE HOUSE AND EXTEND OUT TO THE STREET.
HERE'S ANOTHER VIEW OF THE SIDE OF THE HOUSE FROM VINE CREST, WHERE THE YARD WOULD BE ENCLOSED AS PROPOSED AND THEN A VIEW FROM THE ALLEY FROM THE REAR.
AND ON THE RIGHT HAND SIDE WOULD BE ENCLOSED AS WELL AS THE ADDITION OF A VEHICULAR GATE.
THE APPLICANT PROVIDED THE FOLLOWING JUSTIFICATION.
THE HOUSE IS ON A CORNER LOT AND ALSO LOCATED NEAR A BUSY STREET, WEST CAMPBELL ROAD.
ALSO AT WEST CAMPBELL ROAD ON EITHER SIDE OF THE INTERSECTION OF GREEN HAVEN AND CAMPBELL ROAD, THERE'S A DART BUS STOP.
THE APPLICANT DESIRES TO SECURE THEIR BACKYARD TO INCREASE THE SAFETY FOR THEIR CHILDREN TO PLAY IN.
SINCE THEY HAVE INDICATED THEY DO HAVE A HIGH AMOUNT OF PEDESTRIANS IN THE AREA.
THEY'VE ALSO, UH, INDICATED THERE ARE SEVERAL YARDS AND SEVERAL PROPERTIES IN THEIR NEIGHBORHOOD THAT HAVE A FENCE ALONG THE SIDE PROPERTY LINE, WHICH IS ALSO CONSIDERED A FRONT YARD.
THOSE INCLUDE THESE THREE LISTED ON VINE, CRES, VINE, CREST LANE, AND TWO ON LOGAN WOOD AVENUE 9 0 7.
LOGAN WOOD MAY SOUND, UM, FAMILIAR TO YOU.
THAT WAS A SPECIAL EXCEPTION THAT WAS APPROVED FOR A FENCE IN THE SIDE YARD IN MARCH OF THIS YEAR.
UH, THE APPLICANT ALSO REFERENCED OTHER EXAMPLES IN THE CANYON CREEK NEIGHBORHOOD AND THOSE ARE THOSE FIVE LISTED HERE.
THIS IS THE EVALUATION CRITERIA FOR A SPECIAL EXCEPTION AS A REMINDER, AS OPPOSED TO A VARIANCE, THE BOARD OF ADJUSTMENT IS ALSO HEARING A SPECIAL EXCEPTION.
VARIANCES ARE, UH, IN ORDER TO ARE AVAILABLE TO PROVIDE RELIEF TO THE ZONING ORDINANCE, WHEREAS THE SPECIAL EXCEPTION PROVIDES RELIEF TO CHAPTER SIX OF THE CITY'S CODE OF ORDINANCES RELATED TO FENCE REGULATIONS AND THUS HAS A DIFFERENT STANDARD OF CRITERIA FOR APPROVAL.
SO YOUR UH, DETERMINATION IS NOT NECESSARILY BASED ON A PHYSICAL PROPERTY HARDSHIP LIKE IT WOULD BE A VARIANCE.
THE SPECIAL EXCEPTION MAY BE GRANTED AS IT STATES IN CHAPTER SIX WHEN THE BOARD'S JUDGMENT, UM, MAY BE GRANTED WHEN THE BOARD'S JUDGMENT THAT THE PUBLIC CONVENIENCE AND WELFARE WILL BE SUBSTANTIALLY SERVED AND THE APPROPRIATE USE OF THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED.
THIS WAS A PUBLIC HEARING AND WE DID RECEIVE A PETITION IN OPPOSITION OF THE REQUEST THAT WAS INCLUDED IN YOUR STAFF REPORT THAT WAS SIGNED BY, UH, REPRESENTATIVES OF 14 NEARBY PROPERTIES.
THREE OF THOSE SIGNATURES REPRESENT PROPERTIES THAT WERE WITHIN THE 200 FOOT PUBLIC NOTIFICATION BOUNDARY AND IN THEIR RESPONSE THEY LISTED THREE AREAS OF CONCERN.
THEY CITED AN ISSUE WITH A, A POTENTIAL ISSUE WITH A BLIND CORNER AT THIS INTERSECTION, WHICH MAY CAUSE ISSUES FOR TRAFFIC OR EMERGENCY, UH, RESPONDERS.
AGAIN, AS I MENTIONED, THE FENCE DOES NOT FALL WITHIN THE SITE VISIBILITY TRIANGLE, SO OUR TRAFFIC ENGINEERS SEE NO PROBLEM WITH THAT.
THEY ALSO CITED A CASE, UH, RELATED TO A ZONING VARIANCE IN THE CITY OF FORT WORTH.
THAT CASE WAS RELATED TO A QUESTION OF JURISDICTION OF THE BOARD AND EXERCISING ITS JURIS JURISDICTION.
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WITH OUR ATTORNEY AND WE DID DETERMINE THAT BECAUSE THAT WAS RELATED TO A VARIANCE.THIS CASE IS RELATED TO A SPECIAL EXCEPTION, SO NOT APPLICABLE.
AND FINALLY THEY DID NO, UH, CONCERN QUESTIONING IF THE FENCE WOULD CHANGE THE NEIGHBORHOOD CHARACTER SUCH AS THE OPEN STREET SCAPE AND FEEL.
AND FINALLY, BASED ON THE INFORMATION PROVIDED BY THE APPLICANT APPLICABLE CODES AND ORDINANCES, IT IS STAFF'S OPINION THAT THE REQUEST DOES NOT APPEAR TO BE CONTRARY TO PUBLIC SAFETY, DOES NOT APPEAR TO NEGATIVELY IMPACT NEIGHBOR NEIGHBORING PROPERTIES AND APPEARS TO ALLOW FOR REASONABLE DEVELOPMENT AND IMPROVEMENT OF THE SUBJECT PROPERTY.
SO STAFF RECOMMENDS APPROVAL OF THE REQUESTED EXCEPTION.
AND WITH THAT I CAN ANSWER ANY QUESTIONS YOU HAVE.
ARE THERE ANY QUESTIONS FOR STAFF AT THIS TIME? ALRIGHT.
IT DOES NOT APPEAR THAT THERE ARE ANY QUESTIONS FOR YOU MS. PETERS.
SO AT THIS TIME I WILL INVITE THE, UH, THE APPLICANT, UM, TO COME AND SPEAK IN FAVOR OF THEIR REQUEST.
AND BEFORE WE GET STARTED, UM, WELL I, I WILL HAVE YOU, I GUESS I CAN HAVE HIM INTRODUCE HIMSELF AND THEN WE COULD ADMINISTER THE OATH.
COULD YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? OKAY.
UH, MY NAME IS, UH, TIM B UH, I PURCHASED THE PROPERTIES FOUR MONTHS AGO.
UH, THIS 19, JUST, JUST YOUR ADDRESS AT THIS POINT.
CAN YOU, CAN YOU GIMME YOUR ADDRESS AT THIS POINT? OH, MY CURRENT ADDRESS IT? YES.
AND THEN BEFORE YOU GET STARTED, UH, WE NEED TO SWEAR YOU IN.
SO IF YOU'LL RAISE YOUR RIGHT HAND, DO YOU SWEAR THAT THE TESTIMONY YOU WILL GIVE BEFORE THIS COMMISSION TODAY TO BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
SO, AS, UH, UM, MR. PETERS, UH, EXPLAINED, SO WE, UH, I HAVE FIVE CHILDREN, FOUR OF THEM ARE STILL WITH US, SO THERE'S 10, 7, 3, AND ONE.
SO WE, RIGHT NOW, THERE'S NO OFFENSE AT ALL.
I MEAN, THERE'S CHAMPIONS, SO WANT TO, YOU KNOW, HAVE BETTER PRIVACY AND SAFETY, UH, FOR KIDS TO PLAY IN THERE.
AND, UH, AND SO, UH, ALSO IT'S CLOSE TO UTD AND AUTO TRAFFIC AND WORKERS, UH, PEOPLE AROUND.
SO WE JUST WANT TO PROTECT US, UH, ALSO MAKE THE PRIORITY, UH, MORE VALUE, I GUESS, UH, BE BETTER.
WE, WE, I HIRED HIM LIKE TWO MONTHS AGO.
WE DIDN'T START, WE'RE TRYING TO GET A PERMIT.
UH, SO ANY, ANY QUESTION, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT AT THIS TIME? YEAH, YEAH, SHE DID MENTION ABOUT THE, UH, I TALKED TO MY LABOR.
ACTUALLY, SHE, UH, SHE, SHE MISUNDERSTOOD.
SHE SAW THAT WE'RE GONNA BUILD A, A FENCE IN FRONT OF THE YARD.
UH, THAT DEFINITELY WILL BLOCK EVERYTHING.
IT'S ACTUALLY ON THE SIDE OF THE YARD.
AND WAS THIS ONE OF THE PEOPLE THAT WAS, THAT SIGNED THE ORIGINAL PETITION? YEAH.
SHE SAID YOU HERE AFTER TOLD HER SHE DIDN'T SHOW UP.
ANY OTHER QUESTIONS? ALL RIGHT.
I'M NOT SURE IF YOUR CONTRACTOR HAS ANYTHING THAT HE WOULD LIKE TO ADD OR NOT.
WE MAY HAVE MORE QUESTIONS FOR YOU LATER, BUT, UM, FEEL FREE TO HAVE A SEAT AT THIS TIME.
IS THERE ANYONE ELSE WHO WISHES TO SPEAK IN, IN FAVOR OF THIS REQUEST? IS THERE ANYONE WHO WISHES TO SPEAK IN OPPOSITION TO THE REQUEST? ALRIGHT, THAT DOES NOT APPEAR TO BE THE CASE.
UM, AT THIS POINT, I GUESS THIS WOULD BE, BE AN APPROPRIATE TIME TO CLOSE THE PUBLIC HEARING.
WE, WE MAY, WE RESERVE THE RIGHT TO REOPEN IT IF THERE'S ADDITIONAL FACTS OR INFORMATION THAT WE NEED TO GET.
BUT AT THIS TIME, UM, WILLING TO ENTERTAIN ANY, ANY, UH, COMMENTS OR, UH, EVEN MOTIONS FROM, FROM OUR BOARD.
AND THIS WOULD BE A GOOD TIME IF THERE ARE ADDITIONAL QUESTIONS FOR CITY STAFF TO, TO CHECK IN ON THAT.
MR. THAMES? I, I DIDN'T SEE IN OUR PACKET THE LISTING OF THE PROPERTIES THAT HAD THE SAME SITU OR SIMILAR SITUATION.
ALL OF THOSE PROPERTIES YOU LISTED HAD TWO FRONT YARDS ESSENTIALLY.
ANY OTHER QUESTIONS? ANY MOTIONS? I WOULD SAY I DON'T THINK IT'S INAPPROPRIATE FOR THE, UH, THE CHAIR TO MAKE A MOTION.
I DO FIND THAT THE PUBLIC CONVENIENCE AND WELFARE WILL BE SUBSTANTIALLY SERVED AND THE APPROPRIATE USE OF A NEIGHBORING, UH, PROPERTY WILL NOT BE SUBSTANTIALLY INJURED.
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THE REQUEST IN A SPECIAL EXCEPTION CASE NUMBER 26 DASH ZERO THREE AND THAT THE REQUEST MAY BE LIMITED SPECIFICS, WHICH THE APPLICANT IS PRESENTED IN HIS SLASH HER APPLICATION.SO, MR. THAMES HAS MADE A MOTION TO GRANT THE SPECIAL EXCEPTION.
WE HAVE A SECOND MR. HFE SECONDS.
ALRIGHT, SO ALL IN FAVOR AND REMEMBER, MR. HOFFE, YOU ARE VOTING ON THIS MATTER.
OKAY? UH, ALL IN FAVOR, PLEASE SAY AYE.
ALL OPPOSED? AND THAT MOTION CARRIES UNANIMOUSLY AS WELL.
SO, ALL RIGHT, THAT IS THE, UH, THERE, LET'S SEE THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD.
I CALL THE MEETING ADJOURNED AT 6:48 PM THANK YOU.