City Council Meeting Summary - March 17, 2026
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City Council Meeting Summary - March 17, 2026
The meeting commenced on March 17, 2026, with the approval of previous minutes and the consideration of three separate variance requests regarding property access, right-of-way dedication, and fence safety. The council addressed unique historical issues regarding road dedication, immediate safety hazards involving structures, and zoning challenges for future residential development.
Consent Calendar
- Minutes from the previous meeting were approved unanimously via motion and second.
Public Comments & Testimony
- Danny Burns (Horizon Land Surveying, representing Mr. Clayton): Stated that the property at 4116 Dameron Drive requires a minor plat for a building permit but faces uncertainty regarding the public status of Dameron Drive. He noted the road was likely paved with MATA funding in the late 1990s/early 2000s but lacks formal dedication records. He highlighted that the property is in a flood zone and that this will be the final structure on that specific stretch, noting the road effectively dead-ends into a private driveway.
- Josh Moss (Moss Fencing, representing Mr. Mark Panick, 706 Sequoia Drive): Presented a diagram of an existing eight-foot fence at 213 Indian Trails where a 64-foot section is collapsing due to rotting posts and is currently supported by ratchet straps. He requested a variance to repair the specific damaged section, emphasizing the rest of the fence is in good condition.
- Joshua Neely (Ridge Surveying and Consulting, representing Mr. Randy Lloyd and Mr. James Cook): Explained that Mr. Lloyd seeks to build a single-family home on a historic trailer park tract (Tract A) that lacks required road frontage. He proposed purchasing a 40-foot strip from a neighbor (Mr. Cook) to create a gravel drive frontage, though the council requires 60 feet. He noted that without this variance, the property cannot receive a building permit.
Discussion Items
- Dameron Drive Status: Staff clarified that while the city paved Dameron Drive using MATA funds in 1998 and accepted the existing conditions upon annexation, there are no formal records confirming the right-of-way was ever officially dedicated by a judge or petition. The Engineer acknowledged the prescriptive nature of the access but admitted a lack of definitive records.
- Fence Variance: The discussion focused on the immediate safety hazard of the 64-foot collapsing fence section. The Chairman acknowledged the emergency nature of the repair to prevent the fence from falling completely.
- Mount Carmel Road Access: Deliberation centered on the 40-foot access width requested by the applicant versus the 60-foot requirement. The Council noted that the variance is essential for the applicant to proceed with a building permit and that the tract would require replatting to be combined with the adjacent property regardless of the variance approval.
Key Outcomes
- Variance Granted: The Council voted unanimously (4 Yes, 0 No) to grant a variance for the property at 4116 Dameron Drive (Clayton), allowing the minor plat despite the lack of formal dedication records, based on the prescriptive use and existing infrastructure.
- Variance Granted: The Council voted unanimously (4 Yes, 0 No) to grant a variance for the fence repair at 213 Indian Trails (Panick), permitting the remediation of the 64-foot collapsed section.
- Variance Granted: The Council voted unanimously (4 Yes, 0 No) to grant a variance for the access width at 4104 Mount Carmel Road (Lloyd/Cook), allowing the 40-foot frontage for the new single-family residence.
- Adjournment: A motion to adjourn the meeting was passed.
Meeting Transcript
Let's call this thing to order. Roll call, please. Good morning. Here. Billy. Have a motion to approve the minutes. So moved. All right. Second. Thank you. All in favor? All right. Horizon land survey LLC on Dameron Drive. Come on up and tell us what's going on. All right. I'm Danny Burns with Horizon Land Surveying. And here to represent Mr. Clayton on this one, but uh it's kind of a unique situation. We got a piece of property that's pre-existing. We're just trying to get a minor plat so it can get approval for a building permit. And the right-of-the-on Dameron Drive, but it's my understanding after talking with you know different folks that we don't know if Dameron Drive is public right-of-way or kind of what's going on in that situation. Um talked to some people in the area and they say that it was probably paid with the MATA project back in the late 1990s to early 2000s. But just kind of we don't know where the city stands at on as far as that road goes being public right away. Yes, Dameron Drive. Yes, and there's a this will be the third structure, I believe that's maybe the fourth that's got access off of that road. Yes, it's gonna be in the flood zone. We're gonna try and do adequate dirt work, get it removed. Not gonna be too close to property lines or anything like that. No, sir. What is the do you know the status of uh Dameron Drive? Um we know that it was paved with MATA funding of the late 90s. Um it was probably never um dedicated its right-of-way. Um but um when it came into the city, of course, we accepted what was there. Now, of course, we all know that unless a judge you know declares it it the right of way is not actually there, it's just you know so we um we really don't have a lot of information on it. We don't figure it's a public street, but it's being used for a public street. Is there any other driveways off of it? There's yeah, for that 4116, then there's also a driveway at the it dead ends into a driveway for 4121, and then 3129 on the corner has access off of it. I don't have the records, but uh Daryl, do you know if it was signed in under a petition back whenever they did the petitioning for all the county roads that got annexed in? Don't know. I don't 98 when that was it 1998 when that predicts that's kind of our guess. That's just kind of the time for the years we've been looking around is that all's right there past this property line. And all the surveys and you know work that we found in that area they they're showing is dedicated at 20 feet is what the right-of-way is right now with all the survey records. Did you say this was going on 4115? Yes, sir. Okay. Anyone here object to this ask proposal? Ask a variance. Harold, can we can we give a variance on a right-of-way that city didn't have you can give a variance on having to have the required right-of-way for a to get a building permit? Okay, um, they are dedicating right-of-way along their frontage. So you can um, but um, you know, basically you've got a prescriptive right-of-way out there right now.
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