[CALL TO ORDER ]
[00:00:02]
THE FOLLOWING MEMBERS ARE PRESENT MYSELF, CHAIRMAN GINA DAY.
KATE BARLOW, JOHN THOMPSON, JESSE OWENS BECAUSE WE HAVE ALL OF OUR REGULAR MEMBERS PRESENT.
THE MATTERS BEFORE US TODAY WILL BE DECIDED BY A VOTE OF THE REGULAR MEMBERS.
ONLY THE ULTIMATE MEMBERS MAY PARTICIPATE IN THE PROCEEDINGS, BUT THEY WILL NOT VOTE.
[CLOSED SESSION]
THE FIRST ORDER OF BUSINESS IS A CLOSED SESSION.THE BOARD WILL MEET IN CLOSED SESSION PURSUANT TO SECTION 5, 5, 1 0.071 TO CONDUCT A PRIVATE CONSULTATION WITH ITS ATTORNEY ON EAGLE.
ANY LEGALLY POSTED ITEM AGENDA.
WHEN THE CITY COUNCIL SEEKS THE ADVICE OF ITS ATTORNEY ABOUT PENDING OR CONTEMPLATED LITIGATION SETTLEMENT OFFER, OR A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENT BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS, CLEARLY CONFLICTS WITH THE PROVISIONS OF CHAPTER 5, 5, 1 LEGAL ADVICE REGARDING ZONING BOARD OF ADJUSTMENT PROCEEDINGS.
WE NEED A MOTION AND A SECOND TO GO INTO CLOSED SESSION.
I MOVE, WE GO INTO CLOSED SESSION.
I'LL SECOND THAT, SO WE TAKE A BOAT GO INTO CLOSED SESSION.
WELL, WE'LL GO INTO CLOSED SESSION.
BUT SO, UH, WE WOULD NEED TO, UH, ELEVATE HER TO A REGULAR MEMBER.
THERE'S A SCRIPT FOR THAT IS THAT SECOND, SECOND LINE.
THERE IS THE PROCESS WHERE IT JUST, IT WOULD BE A MOTION AND SECOND, AND THEN A VOTE.
ACCORDING TO CITY ORDINANCE, ALL CASES BEFORE THE ZONING BOARD OF ADJUSTMENT SHALL BE HEARD BY A MINIMUM OF FOUR MEMBERS.
MADAM SECRETARY HAS A QUORUM PRESENT.
BECAUSE WE DO NOT HAVE ALL REGULAR MEMBERS PRESENT.
WE MAY UPON MOTION AND SECOND PROMOTE ONE OF THE ALTERNATE MEMBERS TO REGULAR MEMBERS.
IS THERE A MOTION TO PROMOTE AN ALTERNATE MEMBER TO REGULAR MEMBER? I'LL MAKE A MOTION THAT WE PROMOTED AN ALTERNATE MEMBER TO A REGULAR MEMBER.
THANK YOU ALL IN FAVOR OF PROMOTING ONE OF THE ULTIMATE MEMBERS TO A REGULAR MEMBER.
THE MOTION PASSES UNANIMOUSLY, AND NOW WE CAN ADJOURN TO THE, THE OPEN SESSION WILL NOW RESUME AT 6:35 PM.
[APPROVAL OF MINUTES]
NOW TAKE UP ITEM ONE, CONSIDER APPROVAL OF THE FOLLOWING ZONE ZONING BOARD OF ADJUSTMENT MINUTES FOR JANUARY 15TH, 20, 20 REGULAR MEETING.WE HAVE ALL HAD A CHANCE TO REVIEW THE MINUTES OF FEBRUARY 27TH, 2020.
NOW AS THE TIME FOR ANY MODIFICATIONS AMENDMENTS OR A MOTION FOR APPROVAL, I MAKE A MOTION.
THE, UH, MINUTES BE APPROVED SECOND.
[2. Conduct a public hearing and consider action on Variance Case PZ-ZBA VARIANCE2021-50053, a variance request from Section 4.1.B of the City of Bedford Zoning Ordinance to allow an accessory structure to be located in the required front or side yard or in front or beside the principal structure. The legal description is Quail Crest Estates, Block 4, Lot 35, with the physical address being 224 Eagle Court, Bedford, Texas. The property is zoned R-9,000 Single-Family Residential Detached District and is generally located at the southwest intersection of Eagle Court and Blue Quail Lane. (PZ-ZBA VARIANCE-2021-50053)]
REVIEW THE MEETING FORMAT FOR THE BENEFIT OF THE AUDIENCE FOR THE NEXT AGENDA ITEM, WHICH IS A PUBLIC HEARING.WE WILL HAVE A BRIEF INTRODUCTORY OVERVIEW FROM OUR CITY STAFF.
WE WILL THEN HEAR PRESENTATIONS FROM THE APPLICANT AND THE CITY.
AFTER WE HEAR THE PRESENTATIONS, I WILL OPEN THE PUBLIC HEARING AND WE'LL THEN ASK FOR ANYONE WHO WISHES TO SPEAK TO COME FORWARD FOR THEIR COMMENTS REGARDING THE CASE.
WE WILL LIMIT THE TESTIMONY OF ALL PERSONS TESTIFYING
[00:05:01]
TONIGHT, OTHER THAN THE APPLICANT AND THE CITY TO FIVE MINUTES, ONCE ALL HAVE HAD A CHANCE TO SPEAK.AND I HAVE READ ANY COMMENTS THAT HAVE COME IN.
I WILL CLOSE THE PUBLIC HEARING.
FOLLOWING THE CLOSE OF THE PUBLIC HEARING.
WE WILL ALLOW THE APPLICANT AND THE CITY STAFF TO COME FORWARD AGAIN WITH ANY CLARIFYING INFORMATION AND TO PROVIDE A SUMMATION.
AFTER SOME MISSIONS HAVE BEEN MADE, THE BOARD WILL BEGIN ITS DELIBERATIONS.
AFTER THE BOARD HAS COMPLETED ITS DELIBERATIONS, A CALL FOR A MOTION WILL BE MADE AND A VOTE WILL BE TAKEN.
A CONCURRING VOTE OF FOUR MEMBERS SHALL BE NECESSARY AFFECT ANY ZONING VARIANCE.
THE CITY ATTORNEY WILL NOW MAKE A STATEMENT ABOUT THE SCOPE OF THE HEARING, UH, BEN GIBBS AND THE CITY ATTORNEY.
UM, THE HEARING TODAY IS REGARDING AN APPLICATION FOR A VARIANCE, UH, TO IT FOR A ZONING APPLICATION.
UM, WE UNDERSTAND THERE ARE A OF, UH, I'VE BEEN GIVEN TO UNDERSTAND THERE ARE A LOT OF, UH, ISSUES THAT ARE UNRELATED TO THAT.
UM, VARIANCE REQUEST, UM, INCLUDING DEFINITIONS, UM, OF A STRUCTURE AND A QUESTIONS OF, UH, CONTENT.
UM, TODAY WE'RE ONLY HERE TO TALK ABOUT THIS VARIANCE, THIS APPLICATION, UM, AND THE SCOPE OF SPECIFICALLY, UM, GRANTING A VARIANCE.
I CONSIDERING A VARIANCE, UH, FOR THE, FOR THE ZONING APPLICATION WITHIN THE, THE FACTORS TO BE CONSIDERED FOR THIS.
UM, WE'RE, WE'RE NOT HERE TO TALK ABOUT INTERNATIONAL ZONING CODES AS THEY DEFINE WHAT IS A STRUCTURE, WHICH I UNDERSTAND IS A QUESTION THAT HAS BEEN RAISED, UM, UH, OR I UNDERSTAND THERE, THERE MAY BE QUESTIONS OF, UM, THE CONTENT OF THE STRUCTURE ITSELF.
AND AGAIN, THOSE ARE BEYOND THE SCOPE OF THIS SPECIFIC VARIANCE, UH, UH, CONSIDERATION TODAY.
UM, I MAY ALSO RAISE THE POINT OF ORDER, UH, BECAUSE WE ONLY HAVE FOUR OF OUR MEMBERS PRESENT.
UM, IN ORDER TO GRANT A ZONING VARIANCE, AS YOU SAY, WE DO HAVE TO HAVE, UH, FOUR VOTES I'D WOULD HAVE A SUPER MAJORITY.
UM, AND I, UH, UNDERSTAND IT IS, IT IS TRADITIONAL IN THIS TO OFFER THE APPLICANT AN OPPORTUNITY TO RESET, UM, TO, UNTIL WE CAN HAVE FIVE MEMBERS PRESENT, UH, JUST TO BE OUT OF FAIRNESS, FRANKLY.
UM, WHAT'D YOU LIKE TO RESCHEDULE? OKAY.
I'LL MAKE A MOTION THAT THE PROCEEDINGS BE POSTPONED TO A LATER DATE.
I SECOND THE MOTION ALL IN FAVOR.
MOTION CARRIES THERE BEING NO FURTHER BUSINESS.
I HEAR BY A JOURNEY OF THE MEETING OF THE ZONING BOARD OF ADJUSTMENT.