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08/13/2018-BOA-Agenda Packet-Regular (3) AGENDA CITY OF SANGER ZONING BOARD OF ADJUSTMENT MONDAY, August 13, 2018 7:00 P.M. CITY HALL COUNCIL CHAMBERS 502 ELM STREET SANGER, TX 76266 1. Call Meeting to Order. 2. Determine Presence of a Quorum. 3. Pledge. 4. Consider and Possibly Adopt Minutes of the Meeting of December 11, 2017. 5. Conduct a Public Hearing Concerning a Requested Variance to the Required Minimum Rear Yard Setback Requirement for Property Located at 4029 Windmill Drive (Lot 1, Block 7, Phase 2A of Sanger Trails), Allowing a 20-Foot Rear Yard Setback Instead of the Required 25-Foot Rear Yard Setback. 6. Consider, Discuss and Act on the Requested Variance to the Required Minimum Rear Yard Setback Requirement for Property Located at 4029 Windmill Drive (Lot 1, Block 7, Phase 2A of Sanger Trails), Allowing a 20-Foot Rear Yard Setback Instead of the Required 25- Foot Rear Yard Setback. 7. Adjourn _____________________________ ______________________ Cheryl Price, City Secretary Date & Time Posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary’s Office at (940) 458-7930 for further information. 1 MINUTES: Board of Adjustments December 11th, 2017 MEMBERS PRESENT: Sandra Hensley, Jason Collett, Phillip Surles, Dennis Dillon, Sherri McCandless, Matt Fuller, and Justin Allen OTHERS PRESENT: Director of Economic and Community Development Alina Ciocan, Building Official Ramie Hammonds, Permit Technician Stefani Dodson, Bryan Elsey, Michelle Elsey, Daphne Zollinger, Kenny Zollin, Jody Roberts 1. Meeting called to order at 7:01 PM. 2. Determine Presence of a Quorum. All Members where present 3. Pledge of Allegiance. 4. Consider and Possibly Adopt Minutes of the Meeting of March 13th, 2017. Commissioner McCandless made a motion to approve the minutes. Commissioner Hensley seconded the motion. The motion passed unanimously. 5. Conduct a Public Hearing Concerning a Request for Variance to the Required 20-Foot Minimum Side Yard for the Property Located at 609 10th St. Allowing a 16-Foot Side Yard Public Hearing opened up at 7:04 pm. Bryan Elsey (applicant) stood and read his letter of intent aloud. Commissioner Allen closed public hearing at 7:07 pm. 2 6. Consider, Discuss and Act on a Request for Variance to the Required 20-Foot Minimum Side Yard for the Property Located at 609 10th St. Allowing a 16-Foot Side Yard Discussion ensued regarding this item. Commissioner Collette made a motion to approve. Commissioner McCandless seconded the motion. The motion passed unanimously. 7. Adjourn Meeting adjourned at 7:22 PM ZONING BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: August 13, 2018 Case #: 18SANZON-0041 Case Coordinator: Muzaib Riaz, Planner, Development Services Request: Conduct a Public Hearing and Consider, Discuss and Act on the Requested Variance to the Required Minimum Rear Yard Setback for Property Located at 4029 Windmill Drive (Lot 1, Block 7, Phase 2A of Sanger Trails), Allowing a 20-Foot Rear Yard Setback Instead of the Required 25- Foot Rear Yard Setback. Applicant: Tommy Crutcher, TGC Custom Homes ______________________________________________________________________________ Case Overview The applicant is requesting a variance from rear yard setback requirement of SF-10 Zoning District for the single family residential dwelling unit at 4029 Windmill Drive. The rear yard setback for SF-10 Zoning District is 25-feet. The applicant is requesting to have 20-feet of rear yard setback instead of 25-feet. The site plan meets all other zoning regulations other than rear yard setback. The applicant is planning to build a model home for the subdivision at the subject property. Approval of the variance request will allow him to do that. The property has been platted as Lot 1, Block 7, Phase 2A of Sanger Trails. The property is served by all City of Sanger Utilities. Notification Response Form Staff mailed public hearing notices to the owners of properties within 200 feet of the subject property. Staff Recommendation Staff has found the requested variance does not seriously affect any adjoining property or the general welfare, and recommends APPROVAL. Actions for Zoning Board of Adjustment The Zoning Board of Adjustment should approve the requested variance from zoning regulations if it finds it to be in conformance with Section 41 (Zoning Board of Adjustment) of the City of Sanger Code of Ordinances, Chapter 14 – Planning and Zoning, Exhibit A – Zoning Ordinance of the City of Sanger Texas. Attachments  Location Map  Application  Letter of Intent  Site Plan  Sanger Trails Phase 2A Plat  Section 41 – Zoning Board of Adjustment WINDMILL DR WINDMILL CT SADDLE TRL MARION RD LAKEPARK DR 4029 Wi ndm il lDr. Variance 4029 4101 4025 5009 4027 5008 4023 /Location Exhibit: 4029 Windmill DrVarianceOrd # __________________ 0 90 18045 Feet DISCLAIMER:This map was generat ed by GIS data providedby the Sang er GIS Departmen t. Th e City of Sanger do es not guarantee the corre ctness oraccuracy of any features on this map . These mapproducts are for illustration purposes only andare not suitab le for site-specific decision makin g.GIS data is subject to consta nt ch anges, andmay not be complete, accurate or current.Date: 7/21 /2018 2:49:34 PMDoc Name: LocationExhibit_4029WindmillDrVaria nceExhibitsParcels SECTION 41 ZONING BOARD OF ADJUSTMENT The word "Board" when used in this ordinance shall be construed to mean the Zoning Board of Adjustment. 41.1 Organization and Procedure 1. Establishment: A Board of Adjustment is hereby established in accordance with the provisions of Article 1011g, Revised Civil Statutes of Texas, regarding the zoning of cities and with the powers and duties as provided in said statutes. (Ordinance 015-87 adopted 8/3/87) 2. Membership: The Board shall consist of seven citizens each to be appointed or reappointed by the City Council, for staggered terms of two years respectively, with terms to begin on July 1 of the year of appointment. Each member of the Board shall be removable for just cause by City Council up on written charges and after public hearings. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chairman, who shall serve for a period of two (2) years or until his successor is elected. The City Council may appoint four (4) alternate members of the Board who shall serve in the absence of one or more regular members when requested to do so by the Mayor or City Secretary. Alternate members, when appointed, shall serve for the same period as regular members and any vacancies shall be filled and alternate members removed in the same manner as regular members. The members of the Board shall be identified by place numbers one (1) through seven (7). The even - numbered places shall expire in the even-numbered years; the odd-numbered places shall expire in the odd-numbered years. The alternate members of the Board shall be identified by place numbers one (1) through four (4). The even-numbered places shall expire in the even-numbered years; the odd- numbered places shall expire in the odd numbered years. All regular and all alternate members are to be appointed to place numbers as specified by the City Council upon adoption of this ordinance. (Ordinance 04-14-08, sec. 1, adopted 4/21/08) 3. Rules and Regulations: The Board shall adopt rules and regulations and keep minutes of its proceedings, showing the vote of each member. The board shall adopt from time to time such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance and shall furnish a copy of the same to the building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therew ith. All proceedings of the Board shall be a public record, and all meetings shall be open to the public, except as specified by state law. (Ordinance 015-87 adopted 8/3/87) 4. Meetings: Meetings of the Board shall be held at the call of the chairman, upon written petition of three (3) regular members of the Board; and at such other times as the Board may determine. The chairman or acting chairman may administer oaths and compel the attendance of witnesses. All meetings, hearings or proceedings shall be heard by at least six (6) members or alternate members of the Board. (Ordinance 04-14-08, sec. 2, adopted 4/21/08) 41.2 Appeals 1. Procedure: Appeals may be taken to and before the Board of Adjustment by any person aggrieved, or by any officer, department, board, or bureau of the city. Such appeal shall be made and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the minutes constituting the record u pon which the action appealed from was taken. 2. Stay of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of equity, after notice to the office from whom the appeal is taken and on due cause shown. 3. Notice of Hearing on per: The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitione r and to the owners of property lying within two hundred (200) feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the Board to be affected thereby. Such owners and persons shall be determined according to the current tax rolls of the city. Depositing of such written notice in the mail shall be deemed sufficient compliance therewith. 4. Decision by Board: The Board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The Board may reverse or affirm wholly or partly or may modify the order, requirements, decisions or determination as in its opinion ought to be made in the premises and to that end shall have all powers of the officer or department from whom the appeal is taken. 5. Vote Necessary to Revise Order: The concurring vote of four (4) members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance. 41.3 Powers and Duties of Board 1. Subpoena Witnesses, Etc.: The Board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under such regulations as it may establish. 2. Appeals Based on Error: The Board shall have the power to hear and decide appeals wh ere it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this ordinance. Except as otherwise provided herein, the Board shall have, in addition, the following specific powers: a. To permit the erection and use of a building or the use of premises for railroads if such uses are in general conformance with the Master Plan and present no conflict or nuisance to adjacent properties. b. To permit a public utility or public service or structure in any district, or a public utility of public service building of a ground area and of a height at variance with those provided for in the district in which such public utility or public service building is permitted to be l ocated, when found reasonably necessary for the public health, convenience, safety, or general welfare. c. To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership on the effective date of this ordinance. d. To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than ninety (90) pe rcent of its fair market value, where the Board finds some compelling necessity requiring a continuance of the non -conforming use. e. To waive or reduce the parking and loading requirements in any of the districts, when (i) the character of use of the building is such as to make unnecessary the full provision of parking or loading facilities; or (ii) when such regulations would impose an unreasonable hardship upon the use of the lot. The Board shall not waive or reduce such requirements merely to the p urpose of granting an advantage or a convenience. 3. Variances: An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a concept plan, detail site plan or development plan, preliminary plat or final plat required by this ordinance has not been finally acted upon by both the Planning and Zoning commission and the City Council. All administrative procedures and requirements of this ordinance, regarding both Planning and Zoning Commission and City Council consideration and action, applicable to concept plans, detail site plans, preliminary plats and final plats must be exhausted prior to requesting a variance from the terms of this ordinance. a. The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done. In executing its power to grant such variances, the Board may: (i) permit a variance in the requirements of any district where there are unusua l and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare; and (ii) authorize upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application of the terms of this ordinance as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variance from the standards or regulations established by this ordinance and at the same time, the surrounding property will be properly protected. Financial hardship shall not be considered grounds for the issuance of a variance. (Ordinance 015-87 adopted 8/3/87) b. A written application for Variance shall be submitted together with the required fee as follows: $250.00 $400.00 $600.00 $800.00 $200.00 Zoning Change 0-5 acres Zoning Change 5+ -25 acres Zoning Change 25+ -50 acres Zoning Change 50 + acres Variance Request for Board of Adjustments. Accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating: (i), (ii), (iii), (iv), and (v). (Ordinance 09-20-99 adopted 9/20/99) (i) that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district; (ii) that literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this o rdinance; (iii) that the special conditions and circumstances do not result from the actions of the applicant; (iv) that granting the variance requested will not confer on the applicant any special privilege that is denied by this ordnance to other lands, structures or buildings in the same district; and (v) no non-conforming use of neighboring lands, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts shall be considered gro unds for the issuance of a variance. 4. Changes: The Board shall have no authority to change any provisions of this ordinance and its jurisdiction is limited to time. The Board may not change the district designation of any land either to a more restrictive or less restrictive zone.