Board of Zoning Appeals Public Hearing – April 13, 2026
Board of Zoning Appeals Public Hearing – April 13, 2026
The Board of Zoning Appeals (BZA) met on April 13, 2026, at 7:02 PM in the Del Pepper Community Resource Center. Chair Liu was absent; Vice Chair Bauman participated remotely. Temporary Chair Foley was elected (5-0, Patel abstaining). The board heard three cases: two routine approvals and a contested case at 1030 Cross Drive involving a after-the-fact gazebo and fence. The meeting adjourned at 8:58 PM.
Public Comments & Testimony
- No members of the public testified during the hearing. Only applicants and their representatives presented.
Discussion Items
- BZA2026-00004 – 219 West Mount Ida Avenue: Special exception to construct a rear addition encroaching 3.84 feet into the required side yard on a corner lot. Staff recommended approval, and the applicant presented neighbor support. The board approved unanimously.
- BZA2026-00003 – 2410 Davis Avenue: Variance to construct a 55‑square‑foot mudroom and open portico encroaching 2.75 feet into the required front yard on an irregular triangular lot. Staff recommended approval. The board approved as amended.
- BZA2026-00001 & BZA2026-00002 – 1030 Cross Drive: Two after-the-fact requests on a corner lot: (1) a variance to keep a 256‑square‑foot gazebo in the required secondary front yard (setback 0 feet vs. required 25.20 feet), and (2) a special exception to keep a 6‑foot privacy fence along the secondary front property line (setback 0 feet vs. required 13 feet). The gazebo had been built about 9 years prior; the fence replaced a 4‑foot fence in 2024. Staff recommended denial of both, citing failure to meet criteria and potential precedent for neighboring properties. The variance was deferred to a full board. The special exception was approved with conditions after extensive deliberation.
Key Outcomes
- BZA2026-00004 (219 West Mount Ida): Approved 6-0.
- BZA2026-00003 (2410 Davis Avenue): Approved as amended 6-0.
- BZA2026-00002 (1030 Cross Drive – variance): Deferred to a future meeting with a full board present (motion 6-0).
- BZA2026-00001 (1030 Cross Drive – special exception): Approved 4-2 (acting Chair Foley and Vice Chair Bauman voting against) with the following conditions:
- The fence along Bayless Street and the adjacent portion of the rear property line within the 13‑foot setback must be modified: the lower 4 feet may remain solid, but the upper 2 feet must be permanently fixed with at least 50% openness (e.g., lattice or bars).
- The applicant must also apply for an encroachment permit for the approximately 1‑foot section of fence located in the public right-of-way.
- Minutes from February 9, 2026: Approved 6-0.
Meeting Transcript
Good evening. And welcome to the April 13th, 2026 meeting of the Board of Zoning Appeals. Our chair, Mr. Liu, is absent tonight, and the vice chair, Ms. Bauman, has been approved to participate remotely due to a work conflict. The board must elect a temporary chairman to run the meeting tonight. And to do that, we need to have a nomination for a temporary chair, please. I would like to nominate Mr. Foley as temporary chair for tonight's board meeting. Do I have a second? Second. Mr. Foley, will you accept? Yes, I I will accept. However, I would like to note that being the uh chairman should be shared by all. Give me another year. All right. I'll accept. Thank you. Um I I I guess being the acting chairman, I'd like to hold a uh a vote for um for me being acting chairman. So and all in favor of me being acting chairman would uh uh could I uh get in favor of say aye. All opposed, same sign. Okay, then uh I am acting chairman. Thank you. Okay, um call to order. Okay, I haven't done this in a while. Uh I'm gonna read it. Thank you, Ms. Christensen. Um April 13th meeting of the BZA. Um for those of you who have not attended, these will be uh the go over some of the procedures here. Uh when a case is called, the city staff will have up to five minutes to present their case, and after which the applicant and their representatives will have a total of five minutes to present their position. Finally, the case will be open to public comments with each speaker limited to five minutes. Uh, members of the public must fill out a speaker form uh for the record. The board may ask questions during any of these presentations. The response to the board question does not account against the five minutes. However, speakers are asked to only respond to the question and refrain from elaborating, restating their position or asking um uh the board questions. So um yeah. Umce the uh uh comment period is closed, the board will deliberate uh during which the board may ask additional questions. As always, speakers are asked to respond to only the specific questions and not elaborate beyond that question. Um the BZA is a several member board uh with four member quorum requirement. So all motions must have affirmative uh four votes to pass, regardless of the number of boards in attendance. Ms. Christensen, please call the call roll. Ms. Bowman. Here. Mr. Burke? Here.
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