Minutes from the February 22, 2024, meeting

Variance - Estrada Residence - 205 S. 29th Street

The clerk introduced the fence Variance for the Estrada residence located at 205 S. 29th Street.

The chair asked the Board attorney to explain the Quasi-Judicial Hearing procedures.

When acting as a quasi-judicial body, the Board is held to certain procedural requirements.  Quasi-judicial proceedings are less formal than proceedings before a circuit court, but are more formal than the other aspects of today’s meeting. Quasi-judicial proceedings must follow basic standards of notice and due process, and decisions must be made based on competent substantial evidence. Therefore, board members have a duty to conduct quasi-judicial proceedings more like judges than legislators.  This afternoon, the Board will follow the same uniform procedure in all quasi-judicial hearings.

The Chair called the proceeding to order. 

The clerk confirmed the City complied with the advertisement and notice requirements. 

The Chair inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll: 

Ms. Davis - no
Mr. Drummond - no
Mr. Crist - no
Madam Chair Galinas - no

The Chair opened the public hearing. 

The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify. 

Staff Presentation:
Kev Freeman, Planning Director, gave an overview of the application. He said the applicant is requesting to deviate from City Code 125-322(c)(1) to place a 6-foot fence within the first 25 feet front yard setback from the front property line. Mr. Freeman said the setback is a requirement of the R-3 zoning.  Mr. Freeman explained the purpose and criteria for granting a Variance.  Mr. Freeman said the applicant's reason for requesting a variance of 2 feet from the allowed 4-foot fence is for her children’s safety. He said the applicant has stated that many people park on her lawn, due to the activities that occur (such as sports tournaments) at the park, directly across from her lawn. Mr. Freeman stated the applicant has also provided multiple incident reports from the Police Department of her vehicle being stolen, as well as an incident where two men with guns hid on the property during a police search. Mr. Freeman noted that without the variance, the owner said she did not feel secure in her home.

Mr. Freeman said the Future Land Use is low density residential and the zoning is R-3. He showed a diagram of the fence location, and pictures of the applicants' property facing north and south.  He also showed existing fences at the intersection of 29th Street and Delaware Avenue and the proposed aluminum fence and gates.

Board questions for staff: Ms. Galinas asked if the applicant owns the corner lot and if the fence was going across both lots.  Ms. Davis asked about the location of the gates and if the proposed fence is aluminum. Mr. Crist asked if the proposed fence would be closer to the street. 

Applicant questions for staff: None 

Applicant presentation: Nancy Estrada, property owner, sworn, stated she is proposing a 6-foot fence because a 4-foot fence can be jumped. She said there is a lot of derelict activity in the park across the street and cars are parking on the grass next to her fence.  She stated she wanted a 6-foot gate to match the 6-foot fence that would go around the entire property.  Ms. Estrada highlighted that the 6-foot fence and gate is needed for her families safety and security.

Board questions for applicant: Mr. Crist asked if the 6-foot fence was currently only being proposed on part of the property.

Public comment: None

Staff final comment: None

Board comment: Mr. Crist suggested the applicant contact the city to post no parking signs in front of her house and in front of the park.  He said not being able to see through a solid aluminum gate is a security issue. Mr. Crist suggested the applicant maintain their current fence to avoid security problems.  Ms. Davis said the city put up wooden barriers along the park but nothing for the residents.  She said she does not like the 6-foot aluminum gate and does not want to set a precedent.  Ms. Davis said she would be okay with a 6-foot chain link fence. Chair Galinas suggested the applicant call Code Enforcement when cars are parked on her lot. She also said she does not want to set a precedent that if you live across the street from a park, you can put up a 6-foot fence.  Mr. Drummond stated all the Variance criteria have to be met, and he is hesitant to set a precedent.

Applicant final comment: Ms. Estrada asked if she would be allowed to put up the 6-foot gate if a 6-foot fence was not allowed.
 
The Chair, seeing no one else, closed the public hearing.

Annual Open Government Training

The Board postponed the presentation to the next Board of Adjustment meeting.  Ms. Davis proposed recording the training and having the Board members review and sign off.