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03/13/2023-BOA-Agenda Packet-RegularZONING BOARD OF ADJUSTMENT MEETING AGENDA MARCH 13, 2023, 7:00 PM ZONING BOARD OF ADJUSTMENT REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM INVOCATION AND PLEDGE CITIZENS COMMENTS This is an opportunity for citizens to address the Board on any matter. Comments related to public hearings will be heard when the specific hearing begins. Citizens are allowed 3 minutes to speak. Each speaker must complete the Speaker’s Form and include the topic(s) to be presented. Citizens who wish to address the Board with regard to matters on the agenda will be received at the time the item is considered. The Board is not allowed to converse, deliberate or take action on any matter presented during citizen input. CONSENT AGENDA All items on the Consent Agenda will be acted upon by one vote without being discussed separately unless requested by a Board member to remove the item(s) for additional discussion. Any items removed from the Consent Agenda will be taken up for individual consideration. 1. Consideration and possible action of the minutes from October 10, 2022, meeting. PUBLIC HEARING ITEMS 2. Conduct a public hearing regarding a request for a variance from “PD” Planned Development Ordinance No. 09-38-07 to allow a variance from the minimum rear yard setback of 20 feet and to allow for a minimum rear yard setback of 16 feet for a new residential structure to be constructed at 731 LaPaloma Road. ACTION ITEMS 3. Consideration and possible action regarding a request for a variance from “PD” Planned Development Ordinance No. 09-38-07 to allow a variance from the minimum rear yard setback of 20 feet and to allow for a minimum rear yard setback of 16 feet for a new residential structure to be constructed at 731 LaPaloma Road. FUTURE AGENDA ITEMS 1 The purpose of this item is to allow the President and Board members to bring forward items they wish to discuss at a future meeting, A Board member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Board or at the call of the President. ADJOURN NOTE: The Board reserves the right to adjourn into Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections 551.071-551.087 of the Texas Open Meetings Act. CERTIFICATION I certify that a copy of this meeting notice was posted on the bulletin board at City Hall that is readily accessible to the general public at all times and was posted on the City of Sanger website on March 10, 2023 at 11:00 a.m. Stefani Dodson Stefani Dodson, Secretary The Historical Church is wheelchair accessible. Request for additional accommodations or sign interpretation or other special assistance for disabled attendees must be requested 48 hours prior to the meeting by contacting the City Secretary’s Office at 940.458.7930. 2 ZONING BOARD OF ADJUSTMENT MEETING MINUTES OCTOBER 10, 2022, 7:00 PM ZONING BOARD OF ADJUSTMENT REGULAR MEETING HISTORIC CHURCH BUILDING - 403 N 7TH STREET, SANGER, TEXAS CALL THE REGULAR MEETING TO ORDER AND ESTABLISH A QUORUM There being a quorum Phillip Surles called the Zoning Board of Adjustment meeting to order at 7:12 p.m. BOARD MEMBERS PRESENT Commissioner, Place 2 Sally Amendola Commissioner, Place 3 Jackie Turner Commissioner, Place 4 Allen McAlister Commissioner, Place 5 Matt Fuller Commissioner, Place 6 Jason Miller Commissioner, Place 7 Phillip Surles BOARD MEMBERS ABSENT Commissioner, Place 1 Shane Stone STAFF MEMBERS PRESENT: Director of Development Services Ramie Hammonds, and Secretary Stefani Dodson CITIZENS COMMENTS No citizens came forward to speak. CONSENT AGENDA 1. Consideration and possible action of the minutes from June 13, 2022, meeting. Commissioner Surles makes a motion to approve the consent agenda. Commissioner Miller seconded the motion. Voting Yea: Commissioner Amendola, Commissioner Turner, Commissioner McAlister, and Commissioner Fuller. Motion passes unanimously. 3 Item 1. PUBLIC HEARING ITEMS 2. Conduct a public hearing regarding a request for a Variance from Chapter 14 Planning and Zoning - Article 14.100 Zoning Ordinance Adopted, Section 52.2.A.2 side yard setbacks to allow a variance from the required 8-foot side yard setback and to allow for a 7-foot 9-inch side yard setback for the property located at 4207 Baccarat Ln. Commissioner Surles opens the public hearing at 7:13 p.m. Director Hammonds explains they are needing a variance from and 8ft set back in order to fit their house on the lot. ACTION ITEMS 3. Consideration and possible action regarding a request for a Variance from Chapter 14 Planning and Zoning - Article 14.100 Zoning Ordinance Adopted, Section 52.2.A.2 side yard setbacks to allow a variance from the required 8-foot side yard setback and to allow for a 7-foot 9-inch side yard setback for the property located at 4207 Baccarat Ln. Commissioner Surles makes a motion to approve the variance. Commissioner Miller seconded the motion. Voting Yea: Commissioner Amendola, Commissioner Turner, and Commissioner McAlister. Nay: Commissioner Fuller Motion passes with a 5-1 vote. FUTURE AGENDA ITEMS No items were discussed. ADJOURN There being no further items Phillip Surles adjourns the meeting at 7:17 p.m. 4 Item 1. ZONING BOARD OF ADJUSTMENT COMMUNICATION DATE: March 14, 2023 FROM: Stefani Dodson, Secretary AGENDA ITEM: Consideration and possible action of the minutes from October 10, 2022, meeting. SUMMARY: N/A FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS: Minutes from October 10, 2022. 5 Item 1. ZONING BOARD OF ADJUSTMENT COMMUNICATION DATE: March 13, 2023 FROM: Ramie Hammonds, Development Services Director AGENDA ITEM: Conduct a public hearing regarding a request for a variance from “PD” Planned Development Ordinance No. 09-38-07 to allow a variance from the minimum rear yard setback of 20 feet and to allow for a minimum rear yard setback of 16 feet for a new residential structure to be constructed at 731 LaPaloma Road. SUMMARY:  The property is zoned “PD” Planned Development.  The applicant is seeking a variance to the required 20-foot rear yard setback and seeking a 16 foot setback.  This lot is in the Ranger Creek Subdivision.  The applicant would like the plan shown on the site plan to be constructed on the lot and the rear setback would not allow room for the house plan.  Staff mailed out 9 public hearing notices to owners of properties within 200 feet of the subject property.  Staff received one response in favor. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS: Location Map 6 Item 2. Denton County Landmark Map Esri Community Maps Contributors, Texas Parks & Wildlife, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Legend Notes 0 100 200 ft This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user. https://gis.dentoncounty.gov 2/24/2023 3:12:18 PM 7 Item 2. ZONING BOARD OF ADJUSTMENT COMMUNICATION DATE: October 10, 2022 FROM: Ramie Hammonds, Development Services Director AGENDA ITEM: Consideration and possible action regarding a request for a variance from “PD” Planned Development Ordinance No. 09-38-07 to allow a variance from the minimum rear yard setback of 20 feet and to allow for a minimum rear yard setback of 16 feet for a new residential structure to be constructed at 731 LaPaloma Road. SUMMARY:  The property is zoned “PD” Planned Development.  The applicant is seeking a variance to the required 20-foot rear yard setback and seeking a 16 foot setback.  This lot is in the Ranger Creek Subdivision.  The applicant would like the plan shown on the site plan to be constructed on the lot and the rear setback would not allow room for the house plan.  Staff mailed out 9 public hearing notices to owners of properties within 200 feet of the subject property.  Staff received one response in favor. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map Site Plan Application Letter of Intent Response – IN FAVOR 8 Item 3. Denton County Landmark Map Esri Community Maps Contributors, Texas Parks & Wildlife, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Legend Notes 0 100 200 ft This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Denton County does not guarantee the correctness or accuracy of any features on this product and assumes no responsibility in connection therewith. This product may be revised at any time without notification to any user. https://gis.dentoncounty.gov 2/24/2023 3:12:18 PM 9 Item 3. 10 Item 3. 11 Item 3. 12 Item 3. 13 Item 3. 14 Item 3. 1 Ramie Hammonds From:Lyn Hill <lynhill61@att.net> Sent:Thursday, March 2, 2023 12:10 PM To:Ramie Hammonds Subject:{External} Project# 23SANZON-0012/ 731 La Paloma Rear Yard setback. In favor of request Lyn Hill 728 La Paloma Road Sanger Texas. 76266 940-205-8442 15 Item 3.