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[00:00:02]

MOSES

[ I. COMMENCEMENT]

IS HEREBY GIVEN THIS COUNCIL ACTING AS THE BOARD OF ADJUSTMENTS WILL MEET FOR A PUBLIC HEARING TO BE HELD ON THURSDAY, MAY 28TH, 2026 AT SLIGHTLY AFTER 6:30 PM AND THE COUNCIL CHAMBERS INCLUDE CITY HALL LOCATED AT 1 0 8 MAIN STREET, CLUTE, TEXAS 7 7 5 3 1.

FOR THE BELOW LISTED ITEMS, CITY COUNCIL RESERVES THE RIGHT TO ADJOURN TO EXECUTIVE SESSION AT ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY MATTERS LISTED ON THE AGENDA AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE, INCLUDING WITHOUT LIMITED TO SECTION 5 5 1 0 7 1.

CONSULTATION WITH AN ATTORNEY 5 5 1 0 7 2 DELIBERATION ABOUT REAL PROPERTY 5 5 1 0 7 3 DELIBERATION ABOUT GIFTS OF DONATIONS 5 5 1 0.074 PERSONNEL MATTERS.

5 5 1 0.076 DELIBERATION ABOUT SECURITY DEVICES 5 5 1 0 8 7.

ECONOMIC DEVELOPMENT 4 8 7 5 0.1841 8.183 DELIBERATIONS ABOUT HOMELAND SECURITY ISSUES AND IS AUTHORIZED BY THE TEXAS TAX CODE INCLUDED BY NOT LIMITED SECTIONS 3 2 1 0.3022 SALES TAX INFORMATION.

THE AGENDA MEETING PACK VIDEO LINK ARE POSTED ON THE CITY'S WEBSITE@WWW.CLUTEXAS.GOV.

THE RECORDING OF THE MEETING VIDEO WILL BE MADE AVAILABLE UPON WRITTEN REQUEST TO THE PUBLIC IN ACCORDANCE WITH OPEN MEETINGS ACT MEETING HAS NOW BEEN CALLED TO ORDER.

UH, WE'LL HAVE A SHORT INVOCATION AND A PLEDGE AND THEN WE WILL MOVE ON.

LORD, OUR FATHER, WE COME TO YOU TODAY ASKING THAT YOU WOULD GIVE US YOUR GRACE AND BLESSINGS OVER THE CITY, THAT YOU WOULD GIVE US THE STRENGTH AND WISDOM TO DO THE CORRECT THINGS FOR THE CITIZENS.

AND WE ASK THESE THINGS IN THE NAME OF YOUR SON JESUS.

AMEN.

AMEN.

FLAG THE UNITED STATES OF AMERICA INTO THE REPUBLIC, WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

NOW HAVE ROLL CALL CALVIN SHIFFLET.

PRESENT ERIC AGUILAR.

PRESENT, NICOLE MADDOX PRESENT DAVID COLE.

PRESENT.

FIRST ITEM

[II. PUBLIC HEARING - CITY COUNCIL AS BOARD OF ADJUSTMENT]

IS PUBLIC HEARING COUNSELS AS BOARD OF ADJUSTMENTS OR A VARIANCE AT 1 22 WEST BERNARD STREET.

FIRST ITEM IS TO, UH, THE LEGAL REQUIREMENTS AND THE FIRST ONE IS THE NOTICE OF THE PUBLIC HEARING AND IT WOULD BE TO ALL PERSONS IN INTEREST, CITIZENS, CORPORATIONS, FIRMS, AND THEIR AGENTS AND ATTORNEYS, AND TO ALL PERSON FIRMS AND CORPORATIONS OWN ANY INTEREST IN LAND LOCATED WITHIN THE CORPORATE LIMITS OR EXTRATERRITORIAL JURISDICTION OF THE CITY OF CLU, BRAZO, TEXAS, BRAZO COUNTY, TEXAS, OR WITHIN 200 FEET OF THE PROPERTY.

DESCRIBED IN THIS NOTICE A PUBLIC HEARING WILL BE HELD ON THURSDAY, MAY THE 28TH DAY OF MAY, 2026, 6:30 PM AT THE CITY HALL OF THE CITY OF KLU, TEXAS, THE CITY LOCATED AT 1 0 8 MAIN STREET WITHIN THE CORPORATE LIMITS OF THE CITY IN BRAZO COUNTY, TEXAS.

PUBLIC HEARING WILL ALSO BE AVAILABLE FOR VIEW OF THE CITY'S WEBSITE@WWW.KLUTEXAS.GOV, AT WHICH TIME AND PLACE THE BOARD OF ADJUSTMENTS OF THE CITY WILL CONDUCT A PUBLIC HEARING TO CONSIDER THE QUESTION OF A VARIANCE FOR THE FOLLOWING DESCRIBED AND REAL PROPERTY LINE IS SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY TO WIDTH.

LEGAL DESCRIPTION THOMAS AND MALLORY TRACK 4 4 4 A 0 0 4 9 A DIVISION 14 BCIC LOT 11 DASH 12 A CLUE ADDRESS, 1 22 WEST BERNARD KLU, TEXAS PROPOSED USE TO ADD A CARPORT ON EXISTING DRIVEWAY.

ALL INTERESTED PERSONS WILL GIVE AN OPPORTUNITY TO PRESENT EVIDENCE CONCERNING THE QUESTION ABOVE.

QUESTION IN FAVOR OR AGAINST THE SAME WRITTEN COMMENTS WILL BE ACCEPTED AS THE CITY MANAGER'S OFFICE AT UNTIL 5:00 PM ON THE DAY OF THE PUBLIC HEARING.

ALL MAILS SHOULD BE ADDRESSED TO THE OFFICE OF THE CITY MANAGER, 1 0 8 EAST MAIN STREET, FLUTE TEXAS, ASSIGNED BY ROSIE CITY CLERK.

THEN THE NEXT ITEM WOULD BE THE PUBLISHER'S AFFIDAVIT AND IT WAS PUBLISHED IN THE BRASSFORD FAX ON MAY 8TH, 2026.

AND THE NEXT ITEM WOULD BE NOTICE OF PROPERTY OWNERS NOTIFIED BY MAIL.

WE SHOW THAT THERE WERE 25 NOTICES DELIVERED, NONE WILL RETURN.

SO WE PRESUME EVERYONE THAT WAS MAILED TO RECEIVE THEIR NOTICE.

[00:05:01]

NEXT ITEM WOULD BE PUBLIC COMMENTS AND FOR VARIOUS TO PERMIT CONSTRUCTION OF A CARPORT ON THE EXISTING DRIVEWAY AT 1 2 2 WEST BERNARD STREET, LEGALLY DESCRIBED AS THOMAS AND MALLORY TRACK 4 4 4 A 0 0 4 9 A CAL DIVISION 14 BCIC LOT 11 DASH 12 A INCLUDE FLOOR IS OPEN FOR COMMENTS.

MAYOR, I BELIEVE THE APPLICANT IS HERE TO SPEAK ON HIS OWN BEHALF.

IT'S ON.

JUST GIVE YOUR NAME.

DALE SIDWELL.

S-I-D-W-E-L-L.

AND I LIVE AT, UH, 1 1 22 WESTBROOK BERNARD.

I DIDN'T KNOW IT AT FIRST WHEN I MOVED IN, BUT THERE'S A LARGE TREE IN THE FRONT YARD AND IT, UH, HAS SOME SORT OF PODS THAT COME OFF OF IT CONSTANTLY AND IT CONTAINS SOME KIND OF A GLUE BLACK INK LOOKING LIQUID THAT WHEN IT GETS ON TO YOUR CAR, IT JUST GOES RIGHT INTO THE PAINT AND IT'S CAUSING A LOT OF DAMAGE.

AND I JUST, I'M NOT INTERESTED, YOU KNOW, IN BUILDING SOMETHING BIG AND FANCY, JUST SOMETHING THAT'LL KEEP THAT STUFF FROM FALLING ON MY, ON MY TRUCK.

ALSO, YOU HAVE TO BE CAREFUL WHEN YOU GO IN OR OUT 'CAUSE IF YOU TRACK IT IN, IT'LL, IT'LL DAMAGE YOUR CARPET TOO BECAUSE IT STAINS REAL BAD.

MR. SWELL, DO YOU HAVE THE MEASUREMENTS OF WHAT YOU'RE PROPOSING TO CONSTRUCT? UH, I TURNED IT IN WITH ALL THE PAPERWORK.

I THINK HE HAS IT.

I TRIED TO DROP EVERYTHING THAT UH, I THOUGHT YOU MIGHT NEED.

HE'S TALKING ABOUT BUILDING 12 FOOT WIDE BY 20 FOOT FEET FROM THE FRONT OF THE HOUSE OUT AND HE'S GOT LIKE 40 FEET TO THE EDGE OF THE ROAD.

YEAH, THE PICTURE SHOWS 45 LINE.

YEAH, BUT WHAT'S THE, WHAT'S THE DISTANCE TO THE UTILITY EASEMENT? THE UTILITIES ARE ON THE YES, IT'S PLENTY CLEAR FOR THAT.

AND THE HIGH LINE IS ON THE OPPOSITE SIDE OF THE ROAD.

IT'S NOT INTERFERING WITH THAT.

JERRY, WHAT, WHAT'S THE, ARE WE IN DISCUSSION, MAYOR? IT'S A PUBLIC HEARING.

.

WHAT'S THE, WHAT'S THE DIFFERENCE BETWEEN THIS CARPORT AND THE CARPORT? WE, WE, UH, APPROVED A COUPLE MONTHS AGO.

WE, WE ADDED, WE APPROVED A VARIANCE A COUPLE MONTHS AGO FOR A CARPORT.

YES.

BASICALLY CLOSE TO THE SAME, BUT PROBABLY FELL CLOSER BACK TO THE HOUSE THAN ONE ON THE LAST ONE.

OKAY, SO IT'S A 25 TO THIS IS 25 FOOT SETBACK IS WHAT YOU TOLD ME.

THAT'S FROM THE PROPERTY LINE? YES, SIR.

FROM THE PROPERTY LINE? YES, SIR.

AND HE'S GOT BY THIS PICTURE HERE AND IT SAYS HE IS GOT 45 FEET.

YES.

SO HE, HE'S OR IS HE BUTTON UP? IS YOU, ARE YOU GOING TO ADD THAT IN, IN, ONTO YOUR HOUSE OR IS IT GONNA BE DETACHED FROM THE HOUSE? NO, IT'S GONNA BE FROM THE HOUSE.

SEPARATE FROM THE HOUSE, SIR.

IT'S GONNA BE SEPARATE FROM MY HOUSE.

I WASN'T, I WASN'T GOING TO BUILD IT ONTO THE HOUSE.

OKAY.

OKAY.

BUT SHE STILL, AND THEN YOU SAY 12 BY 2020 FEET OUT FROM THE FRONT OF THE HOUSE.

SO IT'LL, IT'LL GIVE STILL 25 FEET FROM THE, ALMOST FROM THE ROAD THEN.

YES, SIR.

YEAH.

SO OPEN VIEW, NO SIDES.

YEP.

CORRECT.

RIGHT, RIGHT.

IS IT METAL OR WOOD? IT'S GOING TO BE METAL.

OKAY.

AND YOU KNOW, I, I DON'T WANT TO BLOCK ANY ONES OF VIEW OR PUT SIDES ON IT, JUST ENOUGH TO WHERE IT'LL BE OPEN ON THE SIDES, BUT IT'LL BE COVERED ON TOP.

SO IT'LL KEEP THAT STUFF UP.

RIGHT CHAIR, KEEP STUFF.

YEAH.

ANCHORED TO THE, AND IT'LL BE ANCHORED TO THE CONCRETE.

CJ REMIND ME AGAIN, THE, THE, THE VARIANCES BECAUSE OF THE SETBACK THAT WE HAVE.

YES.

HE'S GONNA FALL INTO THE SETBACK BY ABOUT, UH, I THINK IT'S EIGHT FEET, NINE FEET.

NINE FEET.

YEAH.

IF HE'S THAT FAR BACK, I THOUGHT HE WAS CLOSER TO THE ROADWAY THAN HE IS.

OKAY.

AND SO WHEN THEY INCUR, WHEN THEY COME INTO THAT SETBACK REQUIREMENT, IT, IT TRIGGERS THE EASEMENT REQUIRE OR THE VARIANCE REQUEST.

RIGHT.

I REMEMBER THAT PART.

I JUST DIDN'T, YEAH.

OKAY.

[00:10:01]

I DO KNOW THAT THERE'S A LITTLE WOODEN ONE FARTHER DOWN THE STREET THAT'S PROBABLY ABOUT THE SAME.

WELL, THERE THERE'S THE, THE GUY ON THE CORNER OF SHANKS AND BILLINGS.

YEAH.

I MEAN SHANKS AND, AND, UH, BERNARD BERNARD, IT, IT IS ALMOST ALL THE WAY TO THE ROAD ON HIS, AND IT'S A, IT'S A METAL METAL TIME.

AND THEN I'VE HAD A, A GUY OFF AVERY STREET CALLED ME ABOUT THE SAME THING AND HE'S GOT LESS, LESS DISTANCE FROM, FROM HIM, SO THAN THE, WHAT HE'S GOT.

I, I DON'T HAVE NO ISSUE WITH THIS.

ANY OTHER COMMENTS FROM ANYONE IN THE CHAMBERS REAL, REAL QUICK, UH, SPEAKING WITH JERRY EARLIER THIS WEEK ARE IS IN THE WORKS TO CHANGE SOME OF THIS? YES, SIR.

WE'RE, UH, AS PART OF THE COMPREHENSIVE PLAN, WE'RE LOOKING AT DOING A ZONING OVERLAY FOR PART OF THE PART OF THE TOWN WHICH WOULD DECREASE THE SETBACK REQUIREMENTS FROM THE STREET.

OKAY.

THANK YOU.

THERE ARE A LOT OF HOUSES IN TOWN THAT AREN'T 25 FEET FROM THE ROAD.

THAT'S WHAT I WAS THINKING.

A LOT OF, LOT OF LITTLE PARTS OF TOWN.

YEAH.

LOT OF LITTLE SMALL LOTS TOO.

YES, SIR.

THAT NOT OKAY.

BUT WE WILL CLOSE PUBLIC COMMENTS.

NO ONE HAS ANY FURTHER COMMENTS AND ACTION TAKEN AS A RESULT OF THE, OF THE PUBLIC HEARING.

CONSIDERATION AND POSSIBLE ACTIONS.

APPROVAL.

APPROVAL WITH CONDITIONS, MODIFICATIONS, OR DENIAL ON THE VARIOUS REQUESTS TO ALLOW ENCROACHMENT INTO THE BUILDING LINE SETBACK FOR THE PROPERTY LOCATED AT 1 22 WEST BERNARD LEGALLY DESCRIBED AS THOMAS A. THOMAS AND MALLORY TRACK.

4 44 A 0 0 4 9 A COUNTY DIVISION 14 BCIC LOT 11 DASH 12 A INCLUDE MAYOR, I'D LIKE TO MAKE THE MOTION THAT WE APPROVE THE VARIANCE.

WE HAVE A MOTION FROM COUNCILMAN CULPEPPER THAT THE VARIANCE BE APPROVED.

I'LL SECOND SECONDED BY COUNCILMAN AGUILAR.

FURTHER DISCUSSION.

HEARING NONE, I WILL ENTERTAIN A VOTE.

ALL IN FAVOR.

A.

AYE.

UNANIMOUS.

YOU DIDN'T HEAR IT, SO YOU A VOTE? RIGHT? YOU GOOD TO VOTE ON THE NEXT ONE? NEXT ITEM WILL BE ADJOURN THE HEARING.

SO MOVED.

MOVED BY COUNCILMAN AGUILAR.

SAY GOODBYE SECOND.

COUNCILMAN CALL PEPPER PENDING.

NO DISCUSSION.

ALL IN FAVOR, AYE.

AYE.

MEETINGS ADJOURNED.