Oct 13, 2021 Zoning Board of Adjustment

[00:00:05]

HELLO.

GOOD EVENING,

[CALL TO ORDER]

MY NAME IS GINA DAY.

I'M THE CHAIR OF THE ZONING BOARD OF ADJUSTMENT FOR THE CITY OF BEDFORD.

I HEREBY BY CALL THIS NOTICE THE MEETING OF THE CITY OF BEDFORD ZONING BOARD OF ADJUSTMENT INTO SESSION TODAY, OCTOBER 13TH, 2021 AT 6:02 PM.

ACCORDING TO CITY ORDINANCE, ALL CASES BEFORE THE ZONING BOARD OF ADJUSTMENT SHALL BE HEARD BY A MINIMUM OF FOUR MEMBERS.

MADAM SECRETARY IS A QUORUM PRESENT.

TECHNICALLY NO, I NEED TO, TO CALL IN THE ALTERNATIVE TO SUPPORT THE QUORUM.

SO BECAUSE WE DO NOT HAVE ALL REGULAR MEMBERS PRESENT, WE MAY UPON MOTION AND SECOND PROMOTE ALL AVAILABLE ALTERNATE MEMBERS TO REGULAR MEMBERS.

IS THERE A MOTION TO PROMOTE ALTERNATE MEMBERS, TWO REGULAR MEMBERS.

OKAY.

THANK YOU.

THANK YOU ALL IN FAVOR OF PROMOTING THE ALTERNATE MEMBER TO A REGULAR MEMBER, PLEASE SAY HI, AYE.

OKAY.

VERY GOOD.

ANY NAY OPPOSED PLEASE SAY NAME.

OKAY.

THE MOTION PASSES UNANIMOUSLY.

OKAY.

PURSUANT TO SECTION 5, 5, 1

[CLOSED SESSION]

ONE OF THE TEXAS GOVERNMENT CODE OF THE ZONING BOARD OF ADJUSTMENT.

WE'LL ADJOURN INTO EXECUTIVE SESSION AT THIS TIME TO CONSULT WITH ITS ATTORNEY REGARDING THE MATTERS INDICATED ON THE AGENDA.

THE BOARD IS ADJOURNED TO EXECUTIVE SESSION AT 6:04 PM.

SO WE'RE GOING TO MOVE TO EXECUTIVE SESSION.

WE'LL BE BACK OPEN SESSION WILL NOW RESUME AT 6:39 PM.

[APPROVAL OF MINUTES]

IT'S FOR THE REGULAR MEETING, WE'VE ALL HAD A CHANCE TO REVIEW THE MINUTES FOR AUGUST 18TH.

NOW IS THE TIME FOR ANY MODIFICATIONS, AMENDMENTS OR A MOTION FOR APPROVAL.

I MAKE A MOTION TO BE APPROVED.

OKAY, GREAT.

ALL IN FAVOR OF APPROVING THE MINUTES, RAISE YOUR HAND.

OKAY.

PASSES UNANIMOUSLY.

[2. Conduct a public hearing and consider action on Variance Case PZ-ZBA VARIANCE-2021-50053, 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)]

WE WILL HAVE A BRIEF INTRODUCTORY OVERVIEW FROM OUR CITY STAFF, AND THEN WE WILL 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 WITH THEIR COMMENTS REGARDING THE CASE.

WE WILL LIMIT THE TESTIMONY OF ALL PERSONS TESTIFYING 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 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 SUMMATIONS HAVE BEEN MADE, THE BOARD WILL BEGIN ITS DELIBERATIONS.

AFTER THE BOARD HAS COMPLETED ITS DELIBERATIONS, A CALL FOR EMOTION WOULD BE MADE AND A VOTE WILL BE TAKEN.

A CONCURRING VOTE OF FOUR MEMBERS SHALL BE NECESSARY TO AFFECT ANY ZONING VARIANCE.

I WILL NOW ASK THAT ANYONE WHO INTENDS TO GIVE TESTIMONY IN THIS PROCEEDING NOW STAND UP AND RAISE YOUR RIGHT HAND.

AND THAT'S FOR ALL THREE CASES TONIGHT, PLEASE.

SO IF YOU PLAN TO COME TALK, STAND UP AND WE'LL DO THE OATH.

DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IN THIS MANNER SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD.

THANK YOU.

WE WILL NOW CONDUCT A PUBLIC HEARING TO CONSIDER ACTION A VARIANTS CASE CASE P Z Z B A VARIANCE 2 0 2 1 5 0 0 5 3.

A VARIANCE REQUEST FROM SECTION FOUR.ONE DOT 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 PRINCIPLE STRUCTURE.

THE LEGAL DESCRIPTION IS QUAIL CREST ESTATES BLOCK FOR LOT 35 WITH A PHYSICAL ADDRESS BEING 2 24 EAGLE COURT BEDFORD, TEXAS.

THE PROPERTY IS ZONED R DASH 9,000 SINGLE FAMILY RESIDENTIAL DETACHED DISTRICT, AND IS GENERALLY LOCATED AT THE SOUTHWEST INTERSECTION OF EAGLE COURT AND BLUE QUAIL LANE.

THE CITY WILL NOW MAKE A BRIEF

[00:05:01]

UH, THIS REQUEST CAME BEFORE YOU TONIGHT.

UH, THE, UH, PROPERTY OWNER INSTALLED A ACCESSORY STRUCTURE, ALSO KNOWN AS THE, THE HORSE STATUE, BUT PER OUR ORDINANCE THAT IS CONSIDERED AN ACCESSORY STRUCTURE, INSTALLED IT IN HIS FRONT YARD SETBACK.

UM, THE ZONING ORDINANCE DOES NOT ALLOW ACCESSORY STRUCTURES WITHIN THE FRONT YARD SETBACK, NOR DOES IT ALLOW ACCESSORY STRUCTURES WITHIN THE, UM, IN FRONT OF THE PRINCIPAL'S STRUCTURE.

A LITTLE BIT OF BACKGROUND, AGAIN, ZONING ORDERS, PROHIBITS STRUCTURES FROM LOCATING IN THE FRONT YARD.

UM, ALSO IN ORDER TO ALLOW THE STRUCTURE, WHICH IS, UH, ONE OF THE VARIANTS IS FOR YOU DENIED A VARIANCE WOULD HAVE TO BE APPROVED WHEN YOU'RE LOOKING AT A LITTLE BIT OF CONTEXT ON THE SITE.

I BELIEVE EVERYBODY'S SEEING PICTURES OF THE SITE, BUT JUST TO GIVE YOU A LITTLE BIT CONTEXT, THAT IS THE SITE THAT IS THE, THE ACCESSORY STRUCTURE THAT WE'RE LOOKING AT TONIGHT, UM, AS LAID OUT IN YOUR, UH, STAFF REPORT, THE IN ORDER TO GRANT A VARIANCE, YOU HAVE TO FIND THE FOLLOWING CRITERIA ARE APICAL IN THE, IN THIS CASE.

UH, THE FIRST CRITERIA IS THE VARIANCE DOES NOT, IS NOT CONTRARY TO PUBLIC INTEREST AS WE'VE LAID OUT IN YOUR STAFF REPORT.

THE PURPOSE OF RESTRICTING STRUCTURES STRUCTURES FROM THE REQUIRED YARD IN A FRONT YARD OR ALLOWING ACCESSORY STRUCTURES IN FRONT OF THE PRIMARY STRUCTURE IS TO ENSURE A CONSISTENT APPEARANCE ALONG THE STREET.

UM, AND THAT YOU HAVE COMPATIBILITY AND CONSISTENCY WITHIN THE NEIGHBORHOOD.

THE, UM, SECOND ONE WOULD BE THAT THE, UH, THERE A SPECIAL CONDITIONS OR, UM, A HARDSHIP ON THE PROPERTY, SPECIAL CONDITIONS ARE TYPICALLY RELATED TO THE PHYSICAL TRAIT OF THE PROPERTY, SUCH AS THE SHAPE TYPOGRAPHY, UM, DRAINAGE OF THE LAND, SOMETHING TO THAT UNIT.

THAT'S UNIQUE ON THAT PARTICULAR LOT IN QUESTION, UM, AT THIS POINT, STAFF BELIEVES THAT THE LOT IN QUESTION IS RELATIVELY SIMILAR TO ALL THE OTHER LOTS.

INQUESTS ARE ALL THE LOTS IN THAT SUBDIVISION AND DID NOT FIND THAT THERE WERE ANY, UH, SPECIAL CONDITIONS ON THE SITE.

THE THIRD CRITERIA IS THAT BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE IS OBSERVED AS I'VE ALREADY STATED THE PURPOSE IN HAVING YOUR FRONT YARD SETBACKS AND YOUR, UH, UH, PER PROHIBITING, YOUR ACCESSORY STRUCTURES IN FRONT OF THE PRINCIPAL STRUCTURES IS TO KEEP THAT CONSISTENCY THROUGHOUT THE NEIGHBORHOOD.

THEN THE LAST ONE IS THAT SUBSTANTIAL JUSTICE BE REALIZED FOR GRADING THE VARIANTS, UM, GRADING THE VARIANTS DOES NOT PROVIDE ANY PARTICULAR JUSTICE TO THE, TO THE APPLICANT, UH, OR TO THE PROPERTY OWNER.

THIS IS, THIS IS REALLY JUST A, A PREFERENCE THAT THE APPLICANT HAS STATED THAT THEY WANT THE STRUCTURE IN THAT PARTICULAR LOCATION.

UH, WITH THAT WE DID A PUBLIC NOTICE FOR THE, UM, APPLICATION.

UH, WE PLACED A SON ON THE PROPERTY, WE'VE ADVERTISED THE NOTICE IN THE NEWSPAPER, AND WE ALSO MAILED NOTICES TO EVERYBODY WITHIN 200 FEET OF THE SITE.

UH, THAT WAS ABOUT 26 NOTICES THAT WE MAILED OUT, AS YOU CAN SEE IN YOUR BACKUP.

AND I'VE ADDED MORE AT YOUR DESK TONIGHT THAT CAME IN AFTER THE PACKETS WENT OUT.

UH, WE'VE RECEIVED QUITE A FEW RESPONSES FROM RESIDENTS, BOTH IN FAVOR AND AGAINST THE REQUEST.

I CAN ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE OKAY.

THANK YOU VERY MUCH.

UM, THE APPLICANT WILL NOW MAKE A PRESENTATION.

WELL, GOOD EVENING ZONE BOARD MEMBERS.

MY NAME IS LUKE LANDSMEN I'M I'M HERE TONIGHT.

SPEAKING ON BEHALF OF MR. RON FULTON, THE OWNER OF TWO TO FOUR EAGLE COURT AND THE OWNER OF THE HORSE.

THAT IS, THAT IS IN QUESTION TONIGHT.

RON HAD ASKED ME TO COME IN AND SPEAK ON HIS BEHALF TONIGHT AS A FRIEND.

AND, UM, WHEN HE FIRST CONTACTED ME ABOUT THIS HORSE STRUCTURE, HE WAS EXTREMELY EMOTIONAL AND HE FELT THAT HE WOULDN'T BE ABLE TO ELOQUENTLY PUT HIS WORDS TOGETHER IN REGARDS TO COMMUNICATING WITH YOU WITHOUT BECOMING EMOTIONAL SO WE JUST, WE JUST NEED TO CONFIRM THAT EACH SPEAKER, IF YOU WOULDN'T MIND, JUST STATING FOR THE RECORD THAT YOU HAVE TAKEN THE OATH.

YES, I HAVE TAKEN THE OATH.

YEP.

OKAY.

UM, BUT YEAH, RON ASKED ME TO COME AND SPEAK ON HIS BEHALF JUST DUE TO THE FACT THAT HE FELT THAT HE WOULD BE EXTREMELY EMOTIONAL AND WOULDN'T BE ABLE TO PUT HIS WORDS TOGETHER WITH HIS PASSION DUE TO THIS HORSE.

HE ALSO ASKED ME TO COME AND SPEAK ON HIS BEHALF BASED ON MY BACKGROUND.

AND I AM ACTUALLY THE PRESIDENT OF ONE OF THE LARGEST HOME BUILDERS HERE IN NORTH TEXAS, AND SUBSEQUENTLY ONE OF THE LARGEST HOME BUILDING COMPANIES IN THE UNITED STATES.

AND RON, UM, IN MY BACKGROUND, RON'S DEALING WITH THIS HORSE IS, IS, IS ALTHOUGH UNIQUE TO ME.

[00:10:01]

IT'S SOMETHING THAT I'VE BEEN VERY A PART OF FOR THE LAST 15 TO 20 YEARS.

UM, I HAVE HELPED CITIES DEVELOP CODES TO IN MOST CASES, LIMIT THEIR LIABILITY OR REDUCE THEIR EXPOSURE TO LAWSUITS BASED ON CODES THAT ARE WRITTEN, ALTHOUGH WITHIN GOOD SPIRIT, THE LITERATURE MAY LIMIT THEM OR RESTRICT THEM.

UM, WITH THAT, I, UH, I FELT IMPLIED TO, TO SHOW UP TONIGHT AND, AND SPEAK ON HIS BEHALF AND, AND THAT'S WHY I'M HERE.

UM, SO WE'VE GOT A HORSE.

EVERYBODY JUST SAW THE PICTURE.

THERE IS A HORSE AT TWO TO FOUR EAGLE COURT.

I MEAN, IT IS, IT IS THERE, IT IS PRESENT.

THERE IS A NINE FOOT HORSE IN A FLOWER BED NOW, UM, I'M NOT HERE TO DISPUTE THE DEFINITION OF WHAT A CITY ARGUES AS A STRUCTURE.

ALTHOUGH WE MAY DISAGREE PERSONALLY WITH HOW A CITY IS DEFINING A STRUCTURE.

AND I THINK THE CITY'S PUTTING THEMSELVES AT RISK WITH SUCH DEFINED DEFINITION OF STRUCTURE.

THE CITY IS ABLE TO DO WHAT YOU WILL.

RIGHT.

UM, BUT I WANT TO READ IT JUST TO MAKE SURE THAT THE ROOM IS CLEAR, A STRUCTURE DEFINED BY THE CITY OF BEDFORD, IS ANYTHING CONSTRUCTED OR ERECTED, WHICH REQUIRES LOCATION ON THE GROUND OR IS ATTACHED TO SOMETHING, HAVING A LOCATION ON THE GROUND.

BASICALLY ANYTHING THAT ADHERES TO THE GROUND, OR IS CONNECTED TO SOMETHING THAT ADHERES TO THE GROUND.

THAT'S A STRUCTURE DEFINED BY BEDFORD.

NO PROBLEM.

AND AGAIN, WE'RE ASKING FOR A VARIANCE, WE'RE NOT DISPUTING WHETHER IT IS STRUCTURE OR NOT.

AGAIN, I'M LEAVING THAT IN THE CITY'S HANDS OF THE DEFINITION.

BUT ONE THING I DO WANT TO ASK EACH AND EVERY ONE OF YOU IS THAT IF YOU WERE AT HOME TONIGHT, HAVING DINNER WITH YOUR FAMILY OR FRIENDS IN, SOMEBODY ASKED YOU TO DEFINE THE STRUCTURE, I FIND IT.

UM, I'M GONNA MAKE AN ASSUMPTION HERE.

AND I KNOW I SHOULDN'T, BUT I FIND IT VERY HARD TO BELIEVE THAT ANY OF YOU WOULD DEFINE THE STRUCTURE AS A FLOWER POT, AS A WAGON WHEEL, AS A WATER FOR BIRDS OR A WATER FEATURE, A WATER FOUNTAIN, A WINDMILL.

I FIND IT VERY DIFFICULT TO BELIEVE THAT ANY OF YOU WOULD DEFINE THE STRUCTURE OUTSIDE OF THIS ENVIRONMENT TODAY AS THAT CUTE LITTLE LABRADOR STATUE THAT YOUR NEIGHBOR HAS IN THEIR FRONT YARD, THAT STANDS ABOUT 24 INCHES TALL.

I FIND IT VERY HARD TO BELIEVE THAT ANY OF US WOULD CONSIDER THAT A STRUCTURE.

WHEN SOMEONE SAYS STRUCTURE, I'M THINKING WOOD IN NAILS, I'M THINKING PERGOLA, SHED CHICKEN COOP.

THAT IS THE SPIRIT OF THIS RULE.

I STRONGLY DISAGREE THAT IN THIS CASE, THE SPIRIT OF WHICH THIS CODE WAS DEFINED IS BEING UPHELD.

I THINK THE CITY OF BEDFORD IS TAKING A VERY STRONG STANCE IN FOLLOWING THE LITERATURE OF THIS RULE AND NOT THE SPIRIT.

AND I THINK THAT'S, THAT'S THE WHOLE CASE TONIGHT, UH, WHETHER THE CITY SHOULD OR SHOULD NOT GIVE A VARIANCE TO MR. FULTON FOR HAVING THIS HORSE.

NOW, THIS CODE THAT'S BEING USED TO ENFORCE AGAINST THIS HORSE HAS NO SIZE STRUCTURE, HAS NO SIZE REQUIREMENTS.

THAT IS AN ERROR.

THAT IS A PROBLEM.

HAD THE CITY PUT IN SOME SIZE STRUCTURE, REFRAINS, NO DIFFERENT THAN WHAT A PERMITTABLE STRUCTURE IS.

WELL-DEFINED HERE IN THE CITY OF BEDFORD.

WE WOULDN'T BE HAVING THIS DISCUSSION.

IT'D BE LARGER THAN THE 24 INCH LABRADOODLE OR THE FLOWER POT OR THE OLD WAGON WHEEL OR THE WINDMILL, BUT THE CITY DIDN'T.

SO ALTHOUGH THERE'S A HUGE DIFFERENCE BETWEEN A 24 INCH LITTLE STATUE AND A NINE FOOT STATUE, IT ALL FALLS THE SAME TONIGHT.

I MEAN, THIS, THIS VARIANCE IS TO BE GRANTED OR NOT.

GRANTED, I WANTED TO STEP UP AND JUST TALK TO THE CITY ABOUT THE OUTCRY, THE REALITY OF THE SITUATION OF YOUR DECISION TONIGHT, BECAUSE ON THE SURFACE, WE'RE MAKING A DECISION ABOUT A HORSE, WHETHER IT STAYS OR GOES OF WHETHER THE CITY IS PREPARED TO FIGHT THIS IN CONTINUATION OR WHETHER OR NOT WE'RE GOING TO SUBSIDE AND ALLOW A MAN TO KEEP A HORSE, ALTHOUGH WE MIGHT NOT LIKE IT.

IN FACT, I DON'T THINK THERE'S A PROBLEM WITH ANY OF YOU SAYING, HEY, I MAY NOT LIKE THIS HORSE, BUT IN THE INTEREST OF BEDFORD, THE HORSE SHOULD STAY TONIGHT.

COMING TO YOUR COMMUNITY, DRIVING AROUND SPENDING ROUGHLY 30 MINUTES EARLY, I COUNTED A HUNDRED HOUSES, 67 OF THOSE HOUSES THAT I COUNTED JUST IN THIS NEIGHBORHOOD BEHIND US HERE, WE'RE IN VIOLATION OF THIS RULE, 67 OUT OF 100.

I DON'T KNOW HOW THAT MAGNIFIES OUT ACROSS THE REST OF YOUR COMMUNITY.

BUT I WOULD IMAGINE THAT IT WOULD BE VERY SIMPLE TO TWO ARE VERY SIMILAR.

IF WE DID A, A, SOME RESEARCH ON THE REST OF THE COMMUNITY, UM,

[00:15:01]

I AM NOT ENVIOUS OF MAKING DECISIONS TONIGHT BECAUSE NO MATTER WHAT HAPPENS, SOME PEOPLE ARE GONNA WALK OUT OF HERE UPSET.

AND SOME PEOPLE ARE GOING TO WALK OUT OF HERE.

HAPPY.

THAT'S THE REALITY.

NOW, TONIGHT YOU VOTE TO GIVE A VARIANCE, 10, 15 PEOPLE, 20 PEOPLE.

I DON'T KNOW WHAT THE CROWD LOOKS LIKE ARE UPSET.

THEY'RE ANGRY, RIGHT? IT'S IT'S IN DIRECT REFLECTION OF THEIR COMMUNITY, THEIR NEIGHBORHOOD.

HOWEVER, YOU DON'T THE CITY OF BEDFORD'S NOW MAKING A DECISION TO WHETHER YOU'RE GOING TO BE GOING AFTER TAKING AN ESTIMATE HERE 60 TO 70% OF YOUR COMMUNITY MEMBERS, OR ARE WE MAKING IT PUBLIC RECORD TONIGHT THAT WE ARE LOOKING TO ISOLATE ONE SINGLE ELDERLY MAN AND HOLD HIM TO A STANDARD THAT WE'RE NOT WILLING TO HOLD ANYBODY ELSE TO THAT'S THE DECISION TONIGHT.

UNFORTUNATELY, THAT'S THE DECISION TONIGHT.

THIS ON THE SURFACE CAN BE VERY SIMPLE.

IT'S A HORSE VERSUS NO HORSE IN REALITY IS THE CITY OF BEDFORD PREPARED IS THE CITY EMPLOYEES PREPARED TO ENFORCE THIS CODE, BEING TAKEN ON THE LITERATURE OF THE WORDS, NOT THE SPIRIT OF THE RULE IS THE CITY EMPLOYEES PREPARED TO GO AFTER EACH MEMBER OF THE COMMUNITY.

RON PUT A LITTLE, UM, COUPLE OF THINGS TOGETHER FOR ME HERE.

AND I'VE, HE'S GOT COPIES OF, OF A FEW PICTURES.

THERE'S 15 PICTURES.

AND I CAN HAND THESE OUT IF YOU'D LIKE, BUT THESE ARE HOUSES THAT ARE EITHER CITY COUNCIL MEMBERS, HOUSES, OR HOUSES DIRECTLY NEXT TO HER ACROSS FROM CITY COUNCIL MEMBERS.

THEY'RE DIRECT NEIGHBORS THAT ARE IN VIOLATION.

THERE'S 15 OF THEM RIGHT HERE THAT WAS TAKEN IN JUST A HANDFUL OF MINUTES.

IS THE CITY READY TO GO AFTER YOUR OWN CITY COUNCIL MEMBERS FOR BEING IN VIOLATION OF THIS STRUCTURE RULE? OR ARE WE ISOLATING A SINGLE ELDERLY MAN? ARE WE WILLING TO MAKE SURE THAT NONE OF US HERE ON THIS BOARD HAVE FLOWERPOTS WITHIN A 15 FOOT SIDE SETBACK OR 25 FOOT FRONT SETBACK OR ANY OTHER TYPE OF YARD ART? THAT'S THE DECISION.

UM, I, AGAIN, I'M NOT ENVIOUS OF THE DECISION THAT YOU HAVE TO MAKE.

IT'S MAKING A DECISION ON WHAT'S BEST FOR THE CITY OF BEDFORD.

I KNOW WHAT THE CITY EMPLOYEES FEEL.

THE CITY EMPLOYEES FEEL BASED ON A PUBLIC RECORDS REQUEST THAT WE DID FOR THE CITY EMPLOYEES, EMAILS THAT I HAVE RIGHT HERE, THAT THEY ARE NOT PREPARED, THAT THIS IS OPENING UP A CAN OF WORMS. IT WAS DISTINCTIVELY ASKED BY CITY EMPLOYEES TO NOT GO AFTER THIS.

SOME OF THE VERBIAGE THAT WAS USED, UM, WE'VE GOT HERE, WE'VE GOT A DEFINITION.

WE'VE GOT SOME OF THE VERBIAGE.

WE WILL NEED SOMETHING TO SET UP IN PLACE FOR THE DOMINOES THAT WILL FALL AFTER SUCH AS BIRD BATHS, SMALL STATUES, BENCHES, WINDMILLS, AND SO FORTH ASKING CODE ENFORCEMENT NOT TO DO THIS.

OKAY.

THESE EMAILS RIGHT HERE ALSO HAVE CODE ENFORCEMENT LOOKING FOR THE REASON TO GO AFTER THIS HORSE COMING UP AND COLLUDING FOR IDEAS AS TO HOW WE CAN GET RID OF THIS SINGULAR HORSE, HOW WE CAN ISOLATE ONE ELDERLY MAN.

THAT'S WHAT THESE EMAILS SHOW RIGHT HERE.

UM, HOW WE CAN GO AFTER THIS HORSE INDIVIDUALLY, MINUS MIND YOU BYPASSING THE LARGE WATER FEATURE.

THAT'S IN THE NEIGHBORS HOUSE ACROSS THE STREET.

I MEAN, IT'S A SIX FOOT WATER FOUNTAIN IN THE, IN THE FRONT YARD.

BEAUTIFUL.

AND IT SHOULD SAY IT SHOULD STAY, BUT SO SHOULD EVERYONE ELSE'S FLOWERPOTS SHOW SIT EVERYONE ELSE'S WINDMILLS.

SO SHOULD EVERYBODY ELSE'S YARD ART.

IT SHOULD ALL STAY CITY COUNCIL MEMBERS OR SAY COUNCIL, EXCUSE ME, ZONING BOARD OFFICIALS.

I, YOU HAVE A TOUGH DECISION TO MAKE TONIGHT.

WE'RE ASKING FOR A VARIANCE ON THIS HORSE AND TRUTH BE TOLD I'M I'M, I'M HERE ASKING FOR A VARIANCE BECAUSE I THINK IT'S THE RIGHT THING FOR THE PEOPLE OF BEDFORD.

I DON'T THINK IT'S FAIR FOR THE CITY TO TAKE A STANCE TO GO AFTER EVERYONE'S INDIVIDUAL YARDS FOR WHAT MAY OR MAY NOT BE WITHIN A 25 FOOT SETBACK.

I ALSO THINK IT'S A CAN OF WORMS THAT THE CITY'S NOT PREPARED TO HANDLE.

I DON'T THINK ANY CITY THAT I'VE EVER DEALT WITH OR WORKED WITH, I'VE NEVER HAD THE PRIVILEGE OF BUILDING IN THE CITY OF BEDFORD.

I FOCUS ON A LITTLE FURTHER OUT NEIGHBORHOODS AND RURAL AREAS.

UM, BUT I DON'T THINK THERE'S ANY MUNICIPALITY THAT'S WOULD BE PREPARED TO GO AFTER THIS RULE, BASED ON THE LITERATURE VERSE, THE SPIRIT.

NOW A SUGGESTION WOULD BE THAT WE GRANT

[00:20:01]

THE SIZE OF WHAT YARD ARE IS ALLOWED WITHIN THAT SETBACK.

OBVIOUSLY THERE'D BE A LITTLE, UH, THERE'D BE GRANDFATHERING IN OF PREEXISTING STRUCTURES, BUT I MEAN, WE'VE GOT LAW OFFICES IN THIS TOWN.

I BELIEVE IT'S PARKER'S, UM, LAW FIRM THAT HAS FULL-SIZED CATTLE STANDING RIGHT ALONG THE ROAD.

I MEAN, ARE WE GOING AFTER THE LAW FIRM OR ARE WE GOING TO LET THEM STAND? HOW FAR IS THE CITY OF BEDFORD WILLING TO FIGHT THIS? AND AT WHAT EXPENSE, I MEAN, AT WHAT COST TO YOUR COMMUNITY MEMBERS, YOUR FELLOW BEDFORD CITIZENS, ARE WE WILLING TO PUSH THIS? BECAUSE WE ALL KNOW WHAT HAPPENS NEXT, RIGHT? I MEAN, THERE'S NO, THERE'S NO MISCONCEPTION THERE.

I MEAN, IT GOES TO THE NEXT LEVEL, IT GOES TO A LAW LAWSUIT.

IT GOES TO COURT.

I MEAN, THAT'S WHERE THIS ENDS UP.

AND I'M NOT SAYING FOR MR. FULTON, I'M NOT SPEAKING ON HIS BEHALF.

AS FAR AS THAT GOES, I'M SAYING AS THE CITY OF BEDFORD, I'M SURE WILL CHOOSE NOT TO JUST GO AFTER ONE MAN, THAT WOULD BE RIDICULOUS, RIGHT? TO ISOLATE ONE INDIVIDUAL AND SOLELY GO AFTER HIM AND EXCLUDE THE REST OF PEOPLE AND HOLD HIM TO A STANDARD THAT YOU'RE NOT WILLING TO HOLD THE REST OF THE COMMUNITY TO.

UM, IS THE CITY PREPARED FOR THAT? SO, UM, I, UH, I APPRECIATE YOU LISTENING TO ME TONIGHT.

UM, ONE LAST THING THAT I I'D LIKE TO DISCUSS BEFORE I OPEN IT UP TO ANY QUESTIONS FOR MYSELF, UM, WE ALL HAD THE OPPORTUNITY TO READ THE COMPLAINTS AND I'M NOT GOING TO ATTACK ANYBODY.

I'M NOT GOING AFTER ANY INDIVIDUAL, BUT I ALSO COMING FROM A HOME BUILDING BACKGROUND, UM, YOU KNOW, BEING PERSONALLY RESPONSIBLE FOR BUILDING, UM, OVER 2000 HOUSES HERE IN THE METROPLEX THIS YEAR, OVER 10,000 HOUSES NATIONWIDE THIS YEAR, UM, TALKING ABOUT PROPERTY VALUE, THERE WAS A COUPLE HANDFULS OF COMPLAINTS THAT WERE SENT IN VIA LETTERS.

I'M SURE WE'RE GOING TO HEAR ABOUT IT TONIGHT.

AND I THINK THERE'S A COUPLE OF POINTS THAT NEED TO BE ADDRESSED.

UM, IN, IN, I'LL SAY THERE WAS ONE VERY COMMON THEME AS TO WHY PEOPLE WERE OPPOSED TO THIS HORSE, WHICH STARTED THIS WHOLE PROBLEM TO THE T TO THE GET-GO.

AND THERE WAS ONE INDIVIDUAL THAT I WILL COMMAND.

I DON'T KNOW WHO IT WAS, BUT IT WAS BRAVE ENOUGH AND HONEST ENOUGH TO SAY, HEY, I JUST DON'T LIKE THE HORSE.

THERE WAS NO EXTRA EXCUSE.

THERE WAS NO EXTRA EXPLANATION.

THERE WAS NO EXTRA ATTEMPT TO VALIDATE.

THEY JUST SAID, I DON'T LIKE IT.

THE REST ALMOST UNANIMOUSLY MADE A COMPLAINT THAT THIS HORSE HAS A DIRECT REFLECTION ON PROPERTY VALUE, WHICH IS INTERESTING TO ME.

I MEAN, THAT'S, THAT'S MY STUDY.

THAT'S MY LINE OF WORK.

AND I HATE THE EXPERT STANCE OF A, OF A CONVERSATION, BUT THESE ARE FACTS, NOT FICTION.

THIS ISN'T FEELINGS.

THIS IS FACTS.

THE CITY OF BEDFORD HAS SEEN AN AVERAGE OF A 24% PROPERTY VALUE INCREASE SINCE THAT HORSE WAS INSTALLED.

THAT'S A FACT THAT NEIGHBORHOOD ALONE HAS SEEN A 30% INCREASE IN VALUE SINCE THAT HORSE WAS INSTALLED.

NOW I'M NOT GOING TO BE SO ABSURD TO ATTEMPT TO TELL YOU THAT, OH, THAT HORSE REFLECTS A PROPERTY VALUE INCREASE.

THAT WOULD BE ABSURD.

HOWEVER, THE FACTS WOULD SAY THAT THAT HORSE HAS DONE NOTHING TO DETER FROM PROPERTY VALUE.

THAT WOULD BE THE FACTS.

IN FACT, SINCE THAT HORSE HAS BEEN INSTALLED, HOMES ARE SELLING, GOING FROM CONTRACT FROM, FROM LIST TO CONTRACT IN LESS THAN FIVE DAYS PREVIOUS TO THE HORSE.

21 DAYS PREVIOUS TO THE HORSE HOMES WERE SELLING ON AVERAGE FIVE TO $10,000 UNDER CONTRACT.

AFTER THE HORSE, $15,000 AVERAGE INCREASE OVER ASKING PRICE IS WHAT HOMES ARE SELLING FOR AGAIN, IT IS ABSURD TO THINK THAT THAT HORSE HAS ANY REFLECTION ON PROPERTY VALUE IN THE POSITIVE LIGHT, BUT IT'S JUST AS ABSURD TO MAKE A STATEMENT THAT IT'S AFFECTING PROPERTY IN A NEGATIVE LIGHT, THE OTHER STANCE THAT WAS MADE.

AND IN FACT, IN THESE EMAILS FROM THE CITY, AS THEY WERE DISCUSSING, WHETHER OR NOT THAT THAT HORSE IS A STRUCTURE.

IN FACT, THE HORSE WAS DEEMED ART.

AND IN THESE EMAILS, THE CITY OFFICIALS ACTUALLY STATE THAT, HEY, THE HORSE IS ART, BUT IF WE CALL IT A STRUCTURE, THEN WE CAN ENFORCE THIS CODE.

IF WE STICK WITH THE DEFINITION OF CALLING IT ART, WE CAN'T DO ANYTHING THAT'S RIGHT HERE.

AND I'M GLAD TO HAND THIS OVER TO YOU IF YOU'D LIKE TO READ THEM.

BUT THAT WAS FROM THE CITY OFFICIALS THAT ENFORCED THIS THEMSELVES IN THESE DISCUSSIONS.

BUT WHAT WAS, WHAT WAS MENTIONED IN HERE THAT I THOUGHT WAS OUTLANDISH WAS ALSO WHAT CAME IN AS A COMPLAINT.

AND THAT WAS, WELL, THE HORSE IS LEWD OR INAPPROPRIATE.

[00:25:02]

I'LL GIVE YOU THAT.

IT'S A BIG HORSE, BUT IT'S THE KEN BARBIE OF HORSES IS WHAT IT IS.

I MEAN, THAT'S, THAT'S THE FACT.

AND THE FACT IS IS THAT IF THAT'S GOING TO BE SOMEONE'S COMPLAINT THAT THE HORSES LEWD, I MEAN, OR WE CAN'T LET OUR CHILDREN SEE THIS HORSE, ARE WE, I MEAN, NOT LETTING OUR KIDS GO TO THE ZOO OR THE, I MEAN, ARE THE KIDS NOT A LABEL TO SEE A DOG WALKING DOWN THE STREET, OR GOD FORBID A SQUIRREL CLIMB A TREE.

I MEAN, THIS IS BEDFORD, TEXAS.

THE LAST TIME I CHECKED, NOT BEDFORD, CALIFORNIA, BUT BEDFORD, TEXAS.

AND I CAN'T BELIEVE WE'RE THAT FAR REMOVED FROM OUR AGRICULTURAL ROOTS RIGHT HERE IN THE MID CITIES WHERE I GREW UP, WHERE I LOVE, WHERE WE STILL RANCH.

I CAN'T BELIEVE THAT THAT WE'RE, THAT FAR REMOVED.

AS SOMEBODY COULD COME UP WITH A COMPLAINT THAT'S AS A POSTURES, AS A HORSE STATUE BEING ALLUDE RIDICULOUS.

THERE'S NOTHING LEWD ABOUT AN ANIMAL IN ITS NATURAL STATE.

THERE IS NOTHING TO DEFINE PROPERTY VALUE CHANGED BY THIS HORSE.

THE FACT IS PEOPLE DON'T LIKE THE HORSE.

I'M OKAY WITH YOU GUYS NOT LIKING THE HORSE.

I'M OKAY WITH EVERYBODY IN THIS ROOM, NOT LIKING THE HORSE, BUT WHAT I'M NOT.

UM, WHAT I DON'T BELIEVE IN IS IN THE BEST INTEREST OF THE CITY OF BEDFORD IS ATTEMPTING TO MAKE A STANCE, TO NOT ALLOW SOMEONE TO KEEP THEIR YARD ART IN THEIR YARD.

WE'RE HERE TO TALK ABOUT A VARIANCE BECAUSE IT WAS DEFINED AS A STRUCTURE.

NO PROBLEM.

THAT'S NOT THE BIG DEAL.

THE BIG DEAL IS HOW IT BECAME DEFINED AS A STRUCTURE.

THAT'S REALLY WHAT YOU'RE DECIDING ON, REGARDLESS OF IT MEETS THIS CRITERIA, MAKE THE RIGHT CALL FOR THE CITY OF BEDFORD.

I UNDERSTAND THAT THERE'S GOING TO BE SOME UNHAPPY PEOPLE.

DO YOU MAKE 15 OR 20 PEOPLE UNHAPPY OR DO YOU MAKE 60 TO 70% OF THE CITIZENS OF BEDFORD AS YOU'RE REMOVING FLOWER POTS AND GOING AFTER THEM FOR WAGON WHEELS AND WINDMILLS AND SOME OF THE MOST BEAUTIFUL, UNIQUE YARD ART THAT A COMMUNITY CAN SEE, ARE WE WILLING TO DO THAT? OR ARE WE WILLING TO LET A MAN KEEP HIS HORSE? THE REST OF THE CITY OF BEDFORD HAS NO IDEA THIS EVEN EXISTED.

WE HAVE SOME UPSET PEOPLE, WHICH I UNDERSTAND WHY THEY'RE UPSET AND WE MOVE ON WITH OUR LIVES.

THAT'S THE DECISION THAT YOU HAVE TO MAKE TONIGHT.

I APPRECIATE YOU HEAR ME.

IF THERE'S ANY QUESTIONS I'M, UM, FEEL FREE TO ASK AND I'LL ANSWER.

OKAY.

THERE'S NO QUESTIONS RIGHT NOW.

THANK YOU.

YEAH.

SO WOULD ANYBODY LIKE A COPY OF THESE, THESE PHOTOGRAPHS? YES.

THANK YOU.

THE CITY ATTORNEY WOULD LIKE TO SAY SOMETHING I JUST WANT TO, UH, DOVETAIL ON TO STAFF'S PRESENTATION AND PERHAPS TRY TO SET THE LEGAL FRAMEWORK WITHIN WHICH THIS BOARD OPERATES.

THE BOARD OF ADJUSTMENT IS A QUASI JUDICIAL BOARD.

AND SO YOUR ROLE AND YOUR PURVIEW IS STRICTLY LIMITED BY STATE LAW AND BY LOCAL ORDINANCE.

SO WHAT I WOULD SUGGEST IS CODE ENFORCEMENT IN AND OF ITSELF IS AN EXECUTIVE BRANCH ROLE UNDER THE CITY MANAGER.

THE WORDING OF THE ORDINANCE IS A LEGISLATIVE BRANCH PURVIEW, WHICH IS THE CITY COUNCIL.

YOUR ONLY ROLE IS TO CONSIDER WHETHER RELEVANT FACTS, SUPPORT THE FINDING THAT A VARIANCE SHOULD BE GRANTED.

SO INFORMATION SUCH AS WHETHER OR NOT THERE ARE OTHER PROPERTY OWNERS IN THE NEIGHBORHOOD THAT ENJOY A BENEFIT OF HAVING AN ACCESSORY STRUCTURE IN THE FRONT YARD IS RELEVANT.

THAT IS RELEVANT INFORMATION

[00:30:01]

UM, THE EMAILS ARE REALLY NOT RELEVANT, WHETHER OR NOT YOU THINK IT'S A STRUCTURE IS NOT BEFORE THIS BOARD TONIGHT.

UM, AND IF EVEN IF YOU AGREE AND IT'S CERTAINLY UP TO YOU ALL, EVEN IF YOU AGREE THAT THE ORDINANCE NEEDS TO BE REWRITTEN, THAT'S THE LEGISLATIVE BRANCH FUNCTION, UH, IN ORDER TO GRANT A VARIANCE BY SUPER MAJORITY VOTE, AND THE THRESHOLD IS HIGH FOR THIS REASON, YOU ARE QUASI JUDICIAL BOARD APPEALS FROM THIS BOARD GO DIRECTLY TO COURT, DO NOT GO TO THE CITY COUNCIL, UH, CIRCUMSTANCES WHERE COURTS HAVE UPHELD FINDING A HARDSHIP, A LAND-BASED HARDSHIP, UH, INVOLVE CIRCUMSTANCES THAT ARE NOT RELATED TO COST AND ARE ONLY RELATED TO FACTS THAT SUPPORT THESE FINDINGS.

EXAMPLES INCLUDED LOTS WITH CONSIDERABLE SLOPE, MAKING A PORTION OF A LOT UNBUILDABLE REQUIRING YOU TO ENCROACH INTO THE SETBACK.

AND ODDLY SHAPED LOT.

OBVIOUSLY, IF YOU HAVE A PIE SHAPED LOT, AS THE PIE CLOSES, THE SETBACKS MAKE A LARGE AREA OF YOUR LOT COMPLETELY UNBUILDABLE, UM, TO SAVE TREES, PRESERVE TREES.

THE COURTS HAVE FOUND THAT THAT IS A LAND THAT CAN CONSTITUTE A LAND-BASED HARDSHIP.

AND THEN FINALLY, AS I MENTIONED, UH, WHETHER OR NOT IT IS A BENEFIT ENJOYED BY OTHERS IN THE COMMUNITY.

SO THE PUBLIC AND THE APPLICANT ARE CERTAINLY PERMITTED TO PROVIDE ANY TESTIMONY THAT THEY WOULD LIKE.

UH, BUT I WANT TO JUST FOCUS THIS BOARD ON WHAT THE LEGAL STANDARD IS, UM, BECAUSE YOU REALLY DO SERVE AS THE DISTRICT COURT, ESSENTIALLY FOR LISTENING TO THE TESTIMONY, JUST LIKE A COURT WOULD AND APPLYING FACTS TO THE LEGAL STANDARD.

IF YOU DEVIATE FROM THAT, IT COULD JEOPARDIZE WHATEVER DECISION THIS BOARD MAKES.

SO THAT'S MY INPUT ON THIS, AND PLEASE FEEL FREE TO ASK IF YOU HAVE ANY OTHER QUESTIONS.

OKAY.

SURE.

UM, IT HAS BEEN MY EXPERIENCE THAT THE STATE OF TEXAS HAS RULED, UM, EVEN IRRELEVANTLY WITHIN THE LAST 18 MONTHS THAT A CITY'S ABILITY TO ENFORCE CODE CAN ONLY BE DONE IF IT AFFECTS SAFETY OR HEALTH, INCLUDING BUILDING MATERIALS, SETBACKS.

IN, IN CURRENT CASE STUDY, THE STATE OF TEXAS HAS SIDED WITH THE CITIZENS OVER THE .

IN EVERY CASE THAT I'M AWARE OF WITHIN THE PRE-FINAL OF HEALTH OR SAFETY IS NOT ACCURATE.

SO I DON'T WANT TO GET INTO THE SPECIFICS OF CASE LAW, BUT IT'S JUST NOT BEFORE THIS BOARD.

OKAY.

SO IF YOU WANT TO SAY THE PROPERTY OWNER WISHES TO BRING SOME CONSTITUTIONAL CHALLENGE, BUT FOR PURPOSES OF DEMONSTRATING THAT ORDINANCES, WON'T COMPLY WITH STATE LAW, THAT'S A DIRECT ATTACK ON THE LEGISLATION ITSELF.

THE CITY ORDINANCE AND THE COURTS HAVE RULED THE BOARD OF ADJUSTMENT BECAUSE THESE ARE LAYPERSONS, NOT JUDGES.

THEY HAVE NO ABILITY TO RULE ON THE CONSTITUTIONALITY OF REALLY APPRECIATE THAT.

I UNDERSTAND THAT THE ONLY REASON I BRING THAT UP FOR RELEVANCE IS I JUST FELT IT WAS IN THE BEST INTEREST TO KNOW WHAT THE COURTS HAVE DECIDED OUTSIDE OF THESE BONES.

IN PREVIOUS CASE STUDY, THE COURTS HAVE MADE IT VERY CLEAR TO THE STABILITY TO DICTATE WHAT THIS ISN'T, THAT THEIR HOME CAN BE DEFINED BY HELPING IT HAS TO BE SUPPORTED BY PUBLIC HEALTH AND SAFETY.

THAT WOULD BE AN ARGUMENT TO BRING TO THE CITY COUNCIL AS A BASIS FOR THEM TO AMEND IT.

IF YOU OR THE PROPERTY OWNER FEELS THAT THIS PARTICULAR REGULATION IS NOT SUPPORTED BY A PUBLIC HEALTH.

SO THIS BOARD IS JUST UNFORTUNATELY VERY LIMITED.

AND YOU'RE GOING TO HEAR A LOT OF TESTIMONY THAT DOES NOT SUPPORT THESE FOUR

[00:35:01]

AND IT'S CERTAINLY UNDERSTANDABLE.

THEY'RE NOT PERMITTED TO BASE THEIR DECISION ON ANYTHING OUTSIDE, WHAT IS IMPORTANT, THAT THOSE FOUR ELEMENTS ONLY, BUT I, AND THE REASON THAT THIS IS MY LAST QUESTION, UM, IS THAT THE CITY, MY UNDERSTANDING OF THE SEAT PRESENTATION, AS WELL AS THE DOCUMENTATION THAT WE WERE PROVIDED HAS MADE IT CLEAR THAT THE ORDINANCE IS IN PLACE TO UPHOLD A CONSISTENT APPEARANCE OF THE PROPERTIES.

IF I'M NOT MISTAKEN, THAT IS THE REASON OF THIS STANCE THAT THE STATE OF TEXAS HAS CLEARLY KNOWS IF HE HAS THE AUTHORITY TO DO THAT.

AND THAT'S WHERE I WANT TO BE ON THE PUBLIC RECORD.

JUDGES CAN SEE THAT'S WHERE, OH, WHAT I WAS GOING TO SAY, MY BRAND THAT PEOPLE TALK ABOUT ALSO ISSUE.

IF YOU HAVE, DO YOU HAVE TO PUT IT IN A BACKYARD OR IN FRONT OF HOUSE, YOU CAN'T GET EMERGENCY EQUIPMENT WHERE IT NEEDS TO BE.

THAT'S ONE OF THE REASONS WHY THE SETBACKS IS SO THAT YOU CAN GET ACCESS.

I JUST WANT TO REITERATE THOUGH, THAT IS A BASIS FOR REGULATION CIRCLING TO PAY ONE EXCLUSIVELY OF CITY COUNCIL.

I UNDERSTAND.

I JUST WANTED TO COMMENT THAT'S MY UNDERSTANDING IS THAT SETBACKS ACTUALLY DO HAVE A CERTAIN COMPONENT OF HEALTH AND SAFETY FOR THE COMMUNITY.

I KNOW I WAS ON IT ON A DIFFERENT BOARD, AND WE TALKED ABOUT THE SIZE OF ISLES AT THE FOOTBALL STADIUM IN TERMS OF BEING ABLE TO GET ACCESS TO PEOPLE THAT HAVE A HEART ATTACK WHILE THEY'RE WATCHING A FOOTBALL GAME.

AND WE SHOULD NOT UNDERESTIMATE THE PUBLIC SAFETY ASPECTS OF, OF SETBACKS AND ACCESS ISIS AND THINGS LIKE THAT.

THAT WAS, THAT WAS JUST A COMMENT.

AND I REALIZED WE WERE SUPPOSED TO DEBATE THAT, BUT I REALLY WANT TO MAKE SURE PEOPLE UNDERSTAND THAT THEIR SAFETY ASPECTS AND THE NUMBER OF THESE THINGS THAT MAY NOT SEE THEM INTUITIVELY.

UM, OKAY.

AT THIS TIME I OPEN THE PUBLIC HEARING FOR VARIANCE CASE P Z E Z B A VARIANCE 2 0 2 1 5 0 0 5 3.

ARE THERE ANY WITNESSES WHO WISH TO SPEAK ON THE CASE PRESENTED IF YOU WANT TO COME UP ONE AT A TIME, BE SURE AND STATE YOUR NAME AND YOUR ADDRESS.

AND WHETHER YOU, UM, HAVE TAKEN THE OATH.

MY NAME'S ALAN ALBAN, I'VE LIVED IN THE NEIGHBORHOOD FOR 38 YEARS.

OUR NEIGHBORHOOD HAS ALWAYS BEEN VERY CONSISTENT.

WE'VE NEVER HAD ANY PEOPLE DOING STRUCTURES.

WE'VE NEVER HAD ANYTHING LIKE THAT.

IN THE 38 YEARS I'VE LIVED THERE.

I'M NOT HERE TO TELL YOU ALL THE LAWS AND THREATEN THE BOARD.

I'M SIMPLY HERE TO STATE THAT THAT STATUE IS A STRUCTURE.

IT CAME OUT OF COMMERCIAL BUILDING.

EVEN HE SAID, THIS THAT YOU, ON A COMMERCIAL, HE USED AS A REFERENCE.

ARE YOU GOING TO SHUT IT DOWN? THAT WAS A COMMERCIAL.

THIS IS A NEIGHBORHOOD RESIDENTIAL AREA.

WE TRY TO KEEP ALL THE HOUSES UP.

EVERYONE IS VERY GOOD ABOUT THAT.

THERE ONE PERSON IN OUR NEIGHBORHOOD WHO IS NOT.

AND I WOULD SAY THAT HE'S HERE.

SO, UH, YOU GOTTA KEEP HOUSE VALUES AND HOUSE VALUES.

IF YOU SAY THE HOUSE VALUE IS INCREASED 30% AND THEY'VE SOLD SO MUCH FASTER, THAT HAS NO RELEVANCE.

THAT IS A STATE OF THE ECONOMY.

THAT'S A STATE OF EVERYTHING ELSE.

SO THAT STATEMENT IS TOTALLY FALSE AND

[00:40:01]

YOU CAN'T THAT YOU CAN'T EVEN THINK OF THAT BEING REAL.

SO THAT STRUCTURE IS IN VIOLATION.

IT IS UNSAFE.

IF YOU EVEN DO GRANT THE VARIANCE, I SUGGEST YOU SEND A SAFETY OFFICER OUT THERE AND LOOK AT IT VERY CLOSELY AND WE WOULD GREATLY APPRECIATE NOT GRANTING THAT.

VERY AWESOME.

OKAY.

THANK YOU VERY MUCH.

I APPRECIATE YOU.

GOOD.

HOW ARE YOU? MY NAME IS DON PETERSON.

UH, I LIVE AT TWO 20 EAGLE COURT.

I DID TAKE THE OATH.

YES.

OKAY.

UM, W LIKE AL, I'VE BEEN IN THE NEIGHBORHOOD A LONG TIME.

I'VE LIVED IN MY HOME FOR 30 YEARS.

I LIVED NEXT DOOR TO RON.

UM, I WOULD SAY RIGHT OFF THE BAT, RON'S NOT A BAD GUY.

WE HAD REPLACED A FENCE TOGETHER.

UH, YOU MEET HIM OUT ON THE FRONT YARD, VERY PLEASANT TO TALK TO.

UM, BUT THAT'S NOT WHY WE'RE HERE.

UM, WE, UH, LIKE AL SAID, THE NEIGHBORHOOD IS VERY CONSISTENT.

OUR KIDS GREW UP THERE AND WENT THROUGH HEB SCHOOLS.

OUR GRANDKIDS ARE NOW COMING BACK TO THAT NEIGHBORHOOD AND WE WANT TO KEEP THE HOMES THE WAY THEY ARE, THE WAY THAT THE NEIGHBORHOOD WAS INTENDED.

UM, IS IT LUKE? OKAY.

LUKE MENTIONED A COUPLE OF THINGS THAT I'M GOING TO, UH, I'M GOING TO SPEAK ON, FIRST OF ALL, IN THE 30 YEARS THAT I'VE BEEN IN THE NEIGHBORHOOD, I DON'T THINK WE'VE EVER HAD A CASE LIKE THIS.

SO I GUESS WHAT I WOULD SAY IS THE ZONING LAWS SEEM TO BE WORKING PERFECTLY.

NOW WE'RE HERE.

I WOULD SAY THE REASON WE'RE HERE SHOULD THROW UP ALL KINDS OF RED FLAGS.

UH, LUKE TALKED ABOUT OPENING A CAN OF WORMS. I'LL SAY IT MIGHT BE PANDORA'S BOX, BUT I'M GOING TO LOOK AT IT THE OTHER WAY.

I'M GOING TO SAY THAT IF YOU ALLOW THE VARIANCE AND ALLOW THE STRUCTURE, THEN WHAT'S NEXT.

I'M NOT TALKING ABOUT IN RON CHART, I'M TALKING ABOUT ANYWHERE IN QUAIL CRESTA STATES, WHAT WILL WE BE IN HERE IN TWO MONTHS DISCUSSING? UM, LUKE MENTIONED THAT THERE ARE 66% OF THE HOMES THAT HE SAW TODAY THAT ARE IN VIOLATION.

I GOT TO SAY, WHAT WE'RE TALKING ABOUT HERE IS NOT A WINDMILL.

IT'S NOT A WAGON WHEEL.

IT'S NOT A FOUNTAIN.

UM, IT'S NOT A BIRD BATH.

THERE ARE SEVERAL STRUCTURES IN OUR NEIGHBORHOOD LIKE FOUNTAINS AND BIRD BATHS AND WHATNOT THAT I DON'T THINK ANYBODY IN THIS ROOM HAS EVER COMPLAINED ABOUT BECAUSE THEY'RE ATTRACTIVE.

THEY N THEY ENHANCE THE NEIGHBORHOOD.

UM, I, HE ALSO BROUGHT UP PROPERTY VALUES.

I'M NOT HERE TO SAY I HAVE NO QUANTIFIABLE DATA TO SHOW YOU RIGHT NOW THAT WHEN THE HORSE MOVED IN, MY PROPERTY VALUES WENT DOWN 20%.

I CAN'T TELL YOU THAT.

WHAT I CAN TELL YOU IS THAT WHEN I'VE HAD FRIENDS AND FAMILY COME TO THE HOUSE, I CAN'T REPEAT A LOT OF THEIR COMMENTS IN THIS FORUM, BUT THEY'RE NOT POSITIVE.

SO I WOULD ONLY INFER FROM THAT, THAT IF I PUT MY HOUSE UP FOR SALE AND I LIVED NEXT DOOR AND THE PROSPECTIVE BUYER CAME TO LOOK AT IT AND THOUGHT, WHOM AM I MOVING IN NEXT DOOR TO? IT MIGHT CAUSE THEM TO LOOK ELSEWHERE, BUT SO PROPERTY VALUES WOULD BE SUBJECTIVE, BUT I'LL TELL YOU, WHAT'S NOT SUBJECTIVE.

WHAT'S NOT SUBJECT IS IF THE HORSE HAS MOVED, I KNOW IT DOESN'T AFFECT MY PROPERTY VALUE.

IT WILL CONTINUE TO GO UP.

AS AL SAID, LIKE THE ECONOMY IS ALL OVER THE COUNTRY.

I'M TALKING ABOUT OTHER STRUCTURES.

UM, I WILL SAY THIS.

I THINK IT WAS, I'M NOT A HISTORY BUFF, BUT THERE WAS A SUPREME COURT JUSTICE POTTER STEWART, I THINK BACK IN 1964, TALKING ABOUT PORNOGRAPHY, WHO SAID, I CAN'T DEFINE IT, BUT I KNOW IT.

WHEN I SEE IT, WHEN WE'RE TALKING ABOUT NEIGHBORHOOD STRUCTURES, WE CAN LOOK AT THINGS THAT ARE PLEASING AND WE CAN LOOK AT THINGS THAT DON'T BELONG.

THE STRUCTURE DOESN'T BELONG IN A NEIGHBORHOOD.

IT PROBABLY WORKED LOOK WONDERFUL OUT IN THE COUNTRY ON A HORSE FARM AT THE GATE OF A HORSE FARM.

IT DOESN'T BELONG IN QUAIL CRESTA STATES.

AND I KNOW WE'RE LIMITED ON TIME.

THE ONLY OTHER THING I WOULD MENTION IS I LIVE NEXT DOOR.

THERE'S GOING TO BE A GENTLEMAN SPEAK TONIGHT.

THAT LIVES NEXT DOOR.

ON THE OTHER SIDE, THERE'S GOING TO BE ANOTHER YOUNG LADY THAT IS GOING TO SPEAK THAT LIVES ACROSS THE STREET.

I WOULD HOPE THOUGH, THOUGH, THE WISHES OF THE PEOPLE THAT LIVE THE CLOSEST IN PROXIMITY

[00:45:02]

UM, I'M GOING TO, I'M GOING TO WRAP IT UP THERE.

I WANT TO THANK THE BOARD FOR LISTENING TO US AND ALLOWING US TO BE HERE.

AND I WOULD JUST HOPE THAT YOU WOULD NOT ALLOW FOR THE VARIANCE.

THANK YOU.

OKAY.

THANK YOU, MS. MR. PETERSON, ANYBODY ELSE? GOOD.

MY NAME IS JANET .

I LIVE AT 200 EAGLE COURT.

I'VE LIVED THERE FOR, UH, ALMOST 30 YEARS.

I WOULD LIKE TO ADDRESS THE WRITTEN COMPLAINTS BY THOSE OBJECTING, TO THE BOOK BLUE HORSE AND MR. FULTON'S YARD.

FIRST OF ALL, THERE WAS A PERSON WHO SAID THAT THAT WOULD EAGLE CART AND BLUE QUAIL LANE IS A BUSY INTERSECTION.

PEOPLE WERE STOPPING, MAKING PROLONGED STOPS, OR SWERVING OUT OF THE LANE TO STARE AT THE HORSE.

OKAY.

THE INTERSECTION AT EAGLE COURT AND BLUE QUAIL IS A THIRD OF FIVE STOP SIGNS ON BLUE QUAIL IN A RESIDENTIAL AREA.

IT IS NOT A BUSY INTERSECTION.

THE ONLY TIME I'VE SEEN DRIVERS PAUSE OR VEER OUT OF THE LANE IS TO EITHER LOOK AT THEIR PHONES OR GO AROUND CARS PARKED ON THE STREET.

THE LARGER ISSUE IS THE NUMBER OF PEOPLE DRIVING AT EXCESSIVE SPEED ON BLUE QUAIL IN THE LATE EVENING AND AT NIGHT AND FAILING TO STOP AT THE STOP SIGNS.

SECOND, SOMEONE STATED OBVIOUSLY REALIZING THAT HIS NEIGHBORS WOULD NOT APPROVE.

HE BROUGHT THE HORSE IN LATE AT NIGHT.

THIS STATEMENT IS FALSE.

A FRIEND OF MINE AND I WERE WALKING AT 11:00 AM AND PAUSE TO WATCH THE HORSE BEING PLACED BY A CRANE.

ALSO, IT IS NOT SITTING ON TOP OF THE GROUND, EACH HIGH LEG, AND THE TAIL HAS A LONG PILE ON OR PILLAR.

I DON'T KNOW WHAT YOU CALL IT.

A BASE.

WE WATCHED MR. FALTON START TO BURY THE BASE BASIS EACH BASE BEFORE WE RESUMED OUR WALK THIRD, AND I QUOTE EVERYONE ON OUR LITTLE STREET WAS STOPPING AND TALKING POORLY ABOUT IT.

THIS STATEMENT IS ALSO FALSE.

THERE ARE 13 RESIDENCES ON EAGLE COURT.

THIS INDIVIDUAL NEVER SPOKE TO ME OR THREE OF MY NEIGHBORS THAT IS 38% OF THOSE RESIDING THERE.

AS FOR DEPRECIATION OF PROPERTY VALUES.

I RECENTLY LISTED MY HOUSE FOR SALE.

I HAD SPOKE WITH TWO REAL TOURS.

THEY TOOK INTO CONSIDERATION THE SELLING PRICES OF THE HOMES IN THE AREA AND THE CONDITION OF THE HOUSE.

IN FACT, ONE REALTOR LOOKED AT ME LIKE I WAS NUTS AND SAID WHAT HORSE.

AND THAT WAS AFTER HE CAME OUT TO MY HOUSE CONCERNING THE HORSES, GENITALIA.

THIS IS A STATUE OF AN ANIMAL, NOT A HUMAN SINCE A PENIS IS PART OF THE GENITALS WILL.

IF SITTING NEXT REQUIRE RESIDENTS TO PUT PANTS ON THEIR MALE DOGS, THE CF BEDFORD CODE OF ORDINANCES WAS UPDATED JULY 29 OF THIS YEAR, SECTION 82.10 OF CHAPTER 82 OF THE CODE CLASSIFIES THE SHOWING OF HUMAN GENITALIA AS NUDITY.

THE ORDINANCE SAYS NOTHING OF STATUES OR ANIMALS, WHERE WILL THIS END WILL CROSSES OR STARS OF DAVID BE NEXT? BECAUSE SOMEONE CLAIMS TO BE OFFENDED.

HOW ABOUT A CHILD'S TREE SWING IN THE FRONT YARD? WHAT ABOUT THE SMALL DECAPITATED HEADS IN THE FLOWER BED AT THE HOUSE ON EAGLE COURT? SIMPLY BECAUSE THEY ARE CREEPY.

OUR COURT IS ATTRACTIVE BECAUSE EACH HOUSE IS UNIQUELY DIFFERENT.

WHY CAN'T PEOPLE ACCEPT THE SAME? I WOULD ENCOURAGE THE HORSE CRITICS TO READ THE BOOK OF MATTHEW CHAPTER SEVEN, VERSES THREE THROUGH FIVE.

THANK YOU.

THANK YOU.

I WANT TO REMIND EVERYBODY TO PLEASE TRY TO KEEP YOUR, UM, PRESENTATION TO FIVE MINUTES OR LESS.

IF YOU CAN PLEASE NEXT TO ANYBODY ELSE.

HI, I'M TRACY CURTIS AND I DID TAKE THE OATH.

UM, I'VE LIVED ON EAGLE COURT FOR 18 YEARS AND I'VE ALWAYS FELT VERY SECURE ABOUT OUR CURB APPEAL ON OUR COURT.

UM, I WANT TO ADDRESS YOU.

I DON'T REMEMBER YOUR NAME.

I'M SORRY, LUKE.

UM, LUKE, I APPRECIATE EVERYTHING YOU SAID.

I DO WANT TO SAY, I FIND IT ABSURD THAT YOU WOULD ACTUALLY MAKE A COMPARISON TO A FLOWERPOT AND THE HORSE OR A FOUNTAIN OR ANY OF THE OTHER THINGS LIKE A WINDMILL.

THE HORSE IS NINE FEET TALL AND IT, IT CAN'T BE COMPARED TO YARD ART.

I'M SORRY, WHAT IS A COMMERCIAL

[00:50:01]

I WOULD SAY IT WOULD BE APPROPRIATE MAYBE IN FRONT OF BEDFORD, JUNIOR HIGH, OR MAYBE IN FRONT OF BRONCOS, THE BAR OVER IN HEARST, BUT IT'S NOT APPROPRIATE IN THE FRONT YARD, ACROSS THE STREET FROM MY HOUSE.

UM, I'M SORRY, RON.

I'M NOT TRYING TO UPSET YOU AT ALL.

IT'S NOTHING PERSONAL.

IT'S REALLY NOT, BUT IT'S NOT, IN MY OPINION.

IT'S NOT MEANT FOR A FRONT YARD AND IT DOES TAKE AWAY FROM THE CARPET PILL IN OUR CUL-DE-SAC.