10/11/2021-BOA-Agenda Packet-Regular (2)AGENDA
BOARD OF ADJUSTMENT
MONDAY, OCTOBER 11, 2021
7:00 PM
HISTORIC CHURCH BUILDING 403 NORTH 7TH STREET
SANGER, TEXAS
1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.
2.CITIZEN INPUT:
(Citizens are allowed 3 minutes to speak. The Board of Adjustment is unable to respond or discuss any
issues brought up during this section.)
3.CONSENT AGENDA:
a.Approval of Minutes
1.MINUTES FROM MARCH 8, 2021
4.Consider Any Items Removed from Consent Agenda.
REGULAR AGENDA
5.614 N 2ND ST VARIANCE
Conduct a public hearing and consider a request for variance from Chapter 14 Planning and Zoning
Article 14.100 Zoning Ordinance Adopted, Section 18.1.1 Use Regulation, 18.2 Height
Regulations, 18.3.1.a Area Regulations, & 18.6 Border Fencing. (Hammonds)
6.INFORMATION ITEMS:
7.FUTURE AGENDA ITEMS:
(The purpose of this item is to allow the Mayor and members of the Board 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 Mayor).
8.ADJOURN.
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the City
Website, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and
readily accessible to the general public at all times. Said notice was posted on the following date and
time, and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting
and shall remain posted until meeting is adjourned.
Page 1
AGENDABOARD OF ADJUSTMENTMONDAY, OCTOBER 11, 20217:00 PMHISTORIC CHURCH BUILDING 403 NORTH 7TH STREETSANGER, TEXAS1.Call Meeting to Order, Establish a Quorum (Roll Call), Invocation.2.CITIZEN INPUT:(Citizens are allowed 3 minutes to speak. The Board of Adjustment is unable to respond or discuss anyissues brought up during this section.)3.CONSENT AGENDA:a.Approval of Minutes1.MINUTES FROM MARCH 8, 20214.Consider Any Items Removed from Consent Agenda.REGULAR AGENDA5.614 N 2ND ST VARIANCEConduct a public hearing and consider a request for variance from Chapter 14 Planning and Zoning Article 14.100 Zoning Ordinance Adopted, Section 18.1.1 Use Regulation, 18.2 HeightRegulations, 18.3.1.a Area Regulations, & 18.6 Border Fencing. (Hammonds)6.INFORMATION ITEMS:7.FUTURE AGENDA ITEMS:(The purpose of this item is to allow the Mayor and members of the Board to bring forward items theywish to discuss at a future meeting, A Board Member may inquire about a subject for which notice hasnot been given. A statement of specific factual information or the recitation of existing policy may begiven. Any deliberation shall be limited to a proposal to place the subject on an agenda for asubsequent meeting. Items may be placed on a future meeting agenda with a consensus of the Board orat the call of the Mayor).8.ADJOURN.I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the CityWebsite, and on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient andreadily accessible to the general public at all times. Said notice was posted on the following date and
time, and remained posted continuously for at least 72 hours prior to the scheduled time of said meeting
and shall remain posted until meeting is adjourned.
October 8, 2021 at 11:40 a.m.
Kelly Edwards, City Secretary
City of Sanger, Texas
Date/Time Posted
This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional
accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City
Secretary's office at (940) 4587930 for further information.
Page 2
Board of Adjustment AGENDA MEMO
AGENDA ITEM NO.
AGENDA MEETING DATE: October 11, 2021
TO: John Noblitt, City Manager
FROM:
ITEM/CAPTION:
MINUTES FROM MARCH 8, 2021
AGENDA TYPE:
ACTION REQUESTED:
BACKGROUND:
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
FUNDS:
STAFF RECOMMENDATION/ACTION DESIRED:
ATTACHMENTS:
Description Upload Date Type
March 8, 2021 10/8/2021 Cover Memo
Page 3
MINUTES
BOARD OF ADJUSTMENT
MONDAY, MARCH 8, 2021
7:00 PM
HISTORIC CHURCH BUILDING 403 N 7TH STREET
SANGER, TEXAS
COMMISSION MEMBERS PRESENT:
Sally Amendola, Allen McAlister, Shane Stone, Phillip Surles, Jackie Turner, Bo Cooper
COMMISSION MEMBERS ABSENT:
Matt Fuller, Jason Miller
STAFF MEMBERS PRESENT:
Director of Development Services Ramie Hammonds, Permit Technician Stefani Dodson, City
Engineer Tracy LaPiene
1.Call Meeting to Order
Phillip Surles called the meeting to order at 7:01 p.m.
2.Determine a Presence of Quorum.
A quorum is present.
3.Pledge
4.Consider and Possibly Adopt Minutes
a.Minutes 7132020
Sally Amendola made a motion to accept the minutes with the add of Allen McAlister name as
present. Motion was seconded by Bo Cooper. Motion passes unanimously with a 60 vote.
5.501 N Stemmons Setback Variance
Conduct a Public Hearing and Consider, Discuss, and Possibly Act on a Variance from Chapter 14
Planning and Zoning Article 14.100 Zoning Ordinance Adopted, Section 23.3.1.b & c Setbacks.
Director Hammonds goes over the staff report. She explains the board will be seeing more of these
types of variance request as the I35 expansion. She explains that they are requesting a zero lot line
with Pecan and Frontage rd.
Open Public Hearing at 7:05 pm
Close Public Hearing at 7:06p.m.
Sally Amendola asked if they will be doing some sort of landscaping to replace what will be taking.
Page 4
MINUTESBOARD OF ADJUSTMENTMONDAY, MARCH 8, 20217:00 PMHISTORIC CHURCH BUILDING 403 N 7TH STREETSANGER, TEXASCOMMISSION MEMBERS PRESENT:Sally Amendola, Allen McAlister, Shane Stone, Phillip Surles, Jackie Turner, Bo CooperCOMMISSION MEMBERS ABSENT:Matt Fuller, Jason MillerSTAFF MEMBERS PRESENT:Director of Development Services Ramie Hammonds, Permit Technician Stefani Dodson, CityEngineer Tracy LaPiene1.Call Meeting to OrderPhillip Surles called the meeting to order at 7:01 p.m.2.Determine a Presence of Quorum.A quorum is present.3.Pledge4.Consider and Possibly Adopt Minutesa.Minutes 7132020Sally Amendola made a motion to accept the minutes with the add of Allen McAlister name aspresent. Motion was seconded by Bo Cooper. Motion passes unanimously with a 60 vote.5.501 N Stemmons Setback VarianceConduct a Public Hearing and Consider, Discuss, and Possibly Act on a Variance from Chapter 14Planning and Zoning Article 14.100 Zoning Ordinance Adopted, Section 23.3.1.b & c Setbacks.Director Hammonds goes over the staff report. She explains the board will be seeing more of thesetypes of variance request as the I35 expansion. She explains that they are requesting a zero lot linewith Pecan and Frontage rd. Open Public Hearing at 7:05 pmClose Public Hearing at 7:06p.m.
Sally Amendola asked if they will be doing some sort of landscaping to replace what will be taking.
The applicant explains they will do what ever the City will require to be in compliance.
Phillip Surles made a motion to approve variance at 501 N. Stemmons. The motion was seconded
by Allen McAlister. Motion passes unanimously with a 60 vote.
6.Adjourn
There being no further agenda items for discussion, Phillip Surles adjourned the Board of Adjustment
7:08 p.m.
Page 5
Board of Adjustment AGENDA MEMO
AGENDA ITEM NO.
AGENDA MEETING DATE: October 11, 2021
TO: John Noblitt, City Manager
FROM: Ramie Hammonds, Development Service Director
ITEM/CAPTION:
614 N 2ND ST VARIANCE
Conduct a public hearing and consider a request for variance from Chapter 14 Planning and Zoning Article 14.100
Zoning Ordinance Adopted, Section 18.1.1 Use Regulation, 18.2 Height Regulations, 18.3.1.a Area Regulations, &
18.6 Border Fencing. (Hammonds)
AGENDA TYPE: Regular
ACTION REQUESTED: Approval
BACKGROUND:
The applicant is requesting a variance from the following codes 14.18.1.1 stating no dwelling unit is constructed above
another unit, and to allow for a dwelling unit to be constructed above another dwelling unit. This is a typical multifamily
configuration. A variance from 14.18.2 stating no building shall be exceed thirtyfive (35) feet, and to allow for a
building height of fortyfour (44) feet. This would allow for the units to have 12 foot ceilings and also allow for an
elevator shaft. A variance from 14.18.3 stating there shall be a front yard having a required depth of not less than
twentyfive (25) feet as measured from the front property line and to allow for a front yard of fifteen (15) feet.
Currently 2 nd St. does not allow for street parking as it is the truck route. This would allow for additional on lot
parking. A variance from 14.18.6 stating border fencing of wood or masonry, not less than six (6) feet in height shall be
installed by the builder at the time of construction of any multifamily complex, along the property line on a perimeter not
abutting a public street or rightofway. The fence shall be maintained throughout the existence of the multifamily unit by
the owner of the unit, and to allow for a fence not to be constructed along the property separating the Multifamily 1
(M1) district from the Industrial 2 (I2) district.
LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:
N/A
FINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
Page 6
Board of Adjustment AGENDA MEMOAGENDA ITEM NO.AGENDA MEETING DATE: October 11, 2021TO: John Noblitt, City ManagerFROM: Ramie Hammonds, Development Service DirectorITEM/CAPTION:614 N 2ND ST VARIANCEConduct a public hearing and consider a request for variance from Chapter 14 Planning and Zoning Article 14.100Zoning Ordinance Adopted, Section 18.1.1 Use Regulation, 18.2 Height Regulations, 18.3.1.a Area Regulations, &18.6 Border Fencing. (Hammonds)AGENDA TYPE: RegularACTION REQUESTED: Approval BACKGROUND:The applicant is requesting a variance from the following codes 14.18.1.1 stating no dwelling unit is constructed aboveanother unit, and to allow for a dwelling unit to be constructed above another dwelling unit. This is a typical multifamilyconfiguration. A variance from 14.18.2 stating no building shall be exceed thirtyfive (35) feet, and to allow for abuilding height of fortyfour (44) feet. This would allow for the units to have 12 foot ceilings and also allow for anelevator shaft. A variance from 14.18.3 stating there shall be a front yard having a required depth of not less thantwentyfive (25) feet as measured from the front property line and to allow for a front yard of fifteen (15) feet.Currently 2 nd St. does not allow for street parking as it is the truck route. This would allow for additional on lotparking. A variance from 14.18.6 stating border fencing of wood or masonry, not less than six (6) feet in height shall beinstalled by the builder at the time of construction of any multifamily complex, along the property line on a perimeter notabutting a public street or rightofway. The fence shall be maintained throughout the existence of the multifamily unit bythe owner of the unit, and to allow for a fence not to be constructed along the property separating the Multifamily 1(M1) district from the Industrial 2 (I2) district. LEGAL/BOARD COMMISSION RECOMMENDATIONS/CITIZEN NOTICE FEEDBACK:N/AFINANCIAL SUMMARY FUNDING/FISCAL IMPACT:
N/A
FUNDS:
N/A
STAFF RECOMMENDATION/ACTION DESIRED:
Staff would recommend APPROVAL of the requested variances to codes 14.18.1.1, 14.18.2, 14.18.3. Staff would
recommend DENIAL of the requested variance to code 14.18.6 as staff did not find adequate hardship for this
variance.
ATTACHMENTS:
Description Upload Date Type
Staff Report 10/8/2021 Cover Memo
Location Map 10/8/2021 Cover Memo
Application 10/6/2021 Cover Memo
Letter of Intent 10/6/2021 Cover Memo
Multifamily MF1 Regulations 10/8/2021 Cover Memo
Site Plan 10/6/2021 Cover Memo
Page 7
BOARD OF ADJUSTMENT
STAFF REPORT
Meeting Date: October 11, 2021
Case Coordinator: Ramie Hammonds, Development Service Director
Request: Conduct a public hearing and consider a request for variance from Chapter
14 Planning and Zoning - Article 14.100 Zoning Ordinance Adopted,
Section 18.1.1 Use Regulation, 18.2 Height Regulations, 18.3.1.a Area
Regulations, & 18.6 Border Fencing. (Hammonds)
Applicant: Lee Allison, Allison Engineering Group
Case Overview
The applicant is requesting a variance from the following codes 14.18.1.1 stating no dwelling unit is
constructed above another unit, and to allow for a dwelling unit to be constructed above another
dwelling unit. This is a typical multifamily configuration. A variance from 14.18.2 stating no
building shall be exceed thirty-five (35) feet, and to allow for a building height of forty-four (44)
feet. This would allow for the units to have 12 foot ceilings and also allow for an elevator shaft. A
variance from 14.18.3 stating there shall be a front yard having a required depth of not less than
twenty-five (25) feet as measured from the front property line and to allow for a front yard of fifteen
(15) feet. Currently 2nd St. does not allow for street parking as it is the truck route. This would allow
for additional on lot parking. A variance from 14.18.6 stating border fencing of wood or masonry,
not less than six (6) feet in height shall be installed by the builder at the time of construction of any
multifamily complex, along the property line on a perimeter not abutting a public street or right-of-
way. The fence shall be maintained throughout the existence of the multifamily unit by the owner of
the unit, and to allow for a fence not to be constructed along the property separating the Multifamily
1 (M-1) district from the Industrial 2 (I-2) district.
Notification Response Form
Staff mailed 17 public hearing notices to the owners of properties within 200 feet of the subject
property. No response forms have been returned at the time of this report.
Staff Recommendation
Staff would recommend APPROVAL of the requested variances to codes 14.18.1.1, 14.18.2,
14.18.3. Staff would recommend DENIAL of the requested variance to code 14.18.6 as staff did not
find adequate hardship for this variance.
Attachments
• Location Map
• Application
• Letter of Intent
• MF-1 Multifamily Regulations
• Site Plan
Page 8
P E C A N S T
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707 N 2ND ST
203 PLU M ST
612 N 3R D ST
804 N3RD ST 705 N 2ND ST
503 2ND ST
504 3RD ST
707 N 1ST ST
101 PLUM ST
513 N 2ND ST
511 N 2ND ST
709 N 1ST ST
502 3RD ST
704 N 2ND ST
610 N 2N D ST
706 N 2ND ST
705 N 1ST ST
702 N 2ND ST 703 N 1ST ST
614 N 2ND ST
209 PEACH ST
800 N 3RD ST
800 N 3RD ST
800 N 3RD ST
800 N 3RD ST
800 N 3R D ST
800 N 3RD ST
800 N 3RD ST
Source: Esri, DigitalG lobe, G eoE ye, E arthstar G eographics, CNES/AirbusDS, USDA, U SGS, AEX, Getm apping, Aerogrid, IG N, IG P, sw isstopo, andthe GIS User C omm unity
/Location Ex hibit: 614 N 2nd S t. VarianceProject: 21SANZ ON -0021
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DISC LA IME R :This map w as generat ed by G IS data prov idedby t he S anger G IS Depart ment. The City of Sanger does not guarantee t he correc tnes s oraccuracy of any feat ures on this m ap. T hese m approducts are f or illustration purpos es only andare not suitable for s ite-spec ific dec ision m aking.GIS dat a is subject t o c onstant c hanges , andmay not be com plete, acc urate or current.Date: 9/25/2021 4:10:31 P MDoc Name: 21SANZ O N-0021_614_2ndSt_VarianceCity L imits Exhibits
SubjectArea
Page 9
City of Sanger
201 Bolivar / P.O Box 1729
Sanger, TX 76266
940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org
VARIANCE APPLICATION
Applicant
Name:
Company:
Address:
City, State, Zip
Phone:
Fax:
Email:
Submittal Checklist
Site Plan
Letter of Intent
$200.00 Application Fee (Check Payable to City of Sanger)
Describe the subject property (address, location, size, etc.):
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
Describe the proposed variance (how much, where on the property, for what purpose):
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
________________________________________________________________________
Owner Signature
Office Use
Fee
Date
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______09/15/2021__________________
Date
614 N. 2nd Street, property ID #s 58589 and 58587, approximately 0.92 acres
Please see attached letter of Intent
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Page 10
City of Sanger
201 Bolivar / P.O Box 1729
Sanger, TX 76266
940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org
VARIANCE REQUEST
A variance is permission to vary from the terms of the Zoning Ordinance, permission to construct something the Zoning Ordinance
would otherwise prohibit because of unusual circumstances. Variance requests are considered by the Zoning Board of
Adjustment following a public hearing. Variances are granted to relieve an unnecessary hardship or practical difficulty. A
financial hardship is not justification for a variance.
A variance request must include the contents listed below. The City of Sanger will act on the request through the process
described herein.
SUBMITTAL REQUIREMENTS:
x Letter of Intent
x Site Plan
x Application form signed by the owner and describing the property
x Application Fee
APPLICATION FEES: $200.00
x The application fee covers part of the cost for the city to review and act on the rezoning request, including providing
notice of the public hearings as required by law.
x The application fee is non-refundable.
MEETING DATES: The Zoning Board of Adjustment is scheduled to meet on the second Monday of each month, if there is
business to be conducted. Meetings with no business are not held. Public hearings require both published and mailed notices to
be made prior to the meeting. Application should be submitted about one (1) month prior to the meeting. Consult with City Staff
prior to submitting your application for detailed scheduling information.
Page 11
City of Sanger
201 Bolivar / P.O Box 1729
Sanger, TX 76266
940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org
VARIANCE REQUEST PROCESS
The process for considering and acting on a request for a Variance to the Zoning Ordinance involves the following steps:
1. Pre-Application Consultation: A pre-application consultation with the city staff is recommended for all proposed
variances. Staff can describe the request process and the criteria used by the Board of Adjustment.
2. Application: The completed application, letter of intent, site plan, and application fee should be submitted to the
Department of Development Services on or before the deadline.
3. Public Notification: State law and the Zoning Ordinance require the public to be notified of the public hearing to
consider the variance. Notice of the public hearing must be published in the newspaper at least fifteen (15) days prior.
Notification of the public hearing is also mailed to the owners of the property within 200 feet of the subject property at
least ten (10) days prior.
4. Zoning Board of Adjustment: The Zoning Board of Adjustment (BOA) will hold at least one (1) public hearing on the
proposed variance. The applicant is expected to address the Board to describe the proposed variance and answer
questions. During the public hearing, anyone in attendance may address the Board with comments and questions. City
Staff will prepare a report for the Board and possibly make a recommendation to the Board.
After the public hearing, the Board can grant a variance by majority vote of the Board Members. The Board can grant a
variance up to the amount noted in the public notifications, but not more than that.
Page 12
City of Sanger
201 Bolivar / P.O Box 1729
Sanger, TX 76266
940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org
VARIANCE REQUEST CRITERIA
The Zoning Ordinances sets the following criteria for the granting of variances from its strict terms.
In making its determination, the Board of Adjustment shall consider the following factors:
1. 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;
2. 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 ordinance;
3. that the special conditions and circumstances do not result from the actions of the applicant;
4.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
5. 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 grounds for the issuance of a variance.
Financial hardship shall not be considered grounds for the issuance of a variance.
Page 13
City of Sanger
201 Bolivar / P.O Box 1729
Sanger, TX 76266
940-458-2059 (office) 940-458-4072 (fax) www.sangertexas.org
GUIDELINES FOR LETTER OF INTENT
All variance applications should include a Letter of Intent. The Letter of Intent is the applicant’s opportunity to describe and
justify the proposed variance to the City Staff, the Board of Adjustment, and the public at large. The Board will receive copies of
the letter prior to the public hearings.
Recommended content for a Letter of Intent:
x Describe the location of the subject property. The description can include any or all of the following:
o Physical address
o Legal description, such as a tract and abstract, or a lot, block, and subdivision
o Location (southwest corner of This Street and That Road, across the street from Landmark).
x Describe the requested variance, such as a reduction in the minimum required rear yard from 25 feet to 20 feet.
x Describe how the request matches the criteria required for a variance.
x Contact information for the applicant or representative. This can be the owner, the prospective buyer, or someone else
designated as point of contact.
GUIDELINES FOR SITE PLAN
All variance applications should include a Site Plan. The Site Plan is the applicant’s opportunity to graphically describe the
proposed variance to the City Staff, the Board of Adjustment, and the public at large. The Board will receive copies of the site
plan prior to the public hearings:
Recommended content for a Site Plan:
x property lines with dimensions
x existing building and structures, with distances
from property lines and other structures labeled
x proposed structures with dimensions and distances
labeled
x required setback lines
x proposed variance with dimensions labeled
Applicants are also encouraged to submit pictures of the property, pictures of the existing buildings, and/or pictures or drawings
of the proposed structures.
Page 14
2415 N. Elm Street
Denton, TX 76201
940.380.9453
www.ae-grp.com
TBPE Firm #: 7898
P:\Projects\SFP2101 - 2nd Street and Plum\Zoning\Sanger Variance Request\Letter of Intent.docx Page 1 of 7
September 15, 2021
City of Sanger
Department of Development Services
Attn: Ramie Hammonds
201 Bolivar St.
Sanger, Tx 76266
Re: Proposed MF Development
Variance Request
AEG No: SFP2101
Dear Ms. Hammonds,
Allison Engineering Group (AEG) is delighted to present this Variance Request on behalf of the property
owner, Springer Properties, LLC. We are requesting variance to four items in the zoning ordinance.
Area Description:
The site is located at 614 N. 2nd Street. We propose to develop a multi-family project on the site. A concept
site plan is attached for reference.
Future Land Use Map:
The FLUP indicates the future use to be industrial. This is expected to change with the new comprehensive
plan.
Current Zoning:
The current zoning is “MF-1” Multi-family Residential District, Low Density. This may change as well, but
is not an issue, particularly for phase 1.
Requested Conditions (Variance):
Section 18, “MF-1” Multi-family Residential District-1
………………………………………………………………………………………………………………………………………………………………….
18.1 Use Regulations: A building or premises in the MF-1 district shall be used only for the following
purposes:
1.Three (3) or more single-family attached dwelling units, provided that no more than seven
(7) dwelling units are attached in one continuous row or group and provided that no dwelling
unit is constructed above another unit.
Page 15
Page 2 of 7
Request: That dwelling units may be constructed one above the other.
………………………………………………………………………………………………………………………………………………………………….
18.2 Height Relations: No building shall exceed thirty-five (35) feet.
Request: That the height limit be raised to 44 feet.
……………………………………………………………………………………………………………………………………………………………
18.3 Area Regulations:
1.Size of Yards:
a.Front Yard: There shall be a front yard having a required depth of not less than
twenty-five (25) feet as measured from the front property line.
Request: That the front yard be reduced to fifteen (15) feet.
………………………………………………………………………………………………………………………………………………………………….
18.6 Border fencing of wood or masonry, not less than six (6) feet in height shall be installed by the
builder at the time of construction of any multifamily complex, along the property line on any perimeter
not abutting a public street or right-of-way. This fence shall be maintained throughout the existence of the
multifamily unit by the owner of the unit.
Request: That the fence not be required along the railroad right-of-way.
………………………………………………………………………………………………………………………………………………………………….
The City of Sanger is in the process of updating its comprehensive plan. That will trigger changes to the
zoning ordinances, likely the sub-division ordinances and possibly the building codes. It is our
understanding that the project being proposed at this location is in accordance with the anticipated
comprehensive plan.
In summary, multifamily typically has units above each other, a building height of 44 feet is needed
to allow the proposed 40 foot, three story building and a 15-foot front yard setback will provide space
for additional parking in the rear. 2nd street is a truck route that does not allow for on street parking and
Plum Street is not designed to accommodate on street parking. Spaces above the minimum
required are expected to be necessary to accommodate all residents and guests for this facility.
Current Physical Condition:
The site is comprised of 2 tracts comprising a total of about 0.92 acres. Re-platting will be necessary to
create a buildable lot. The existing home will remain for Phase 1. Once the home has completed its useful
life then it will be demolished and a second apartment building constructed. By this time, we are
anticipating that the changes to the comprehensive plan and the zoning ordinance will be complete and
the additional building can be constructed by right.
Proposed Site Conditions:
P:\Projects\SFP2101 - 2nd Street and Plum\Zoning\Sanger Variance Request\Letter of Intent.docx
Page 16
Page 3 of 7
P:\Projects\SFP2101 - 2nd Street and Plum\Zoning\Sanger Variance Request\Letter of Intent.docx
A concept site plan has been prepared for this project.
• Both buildings will front on N. 2nd Street.
• No parking entrance off of N. 2nd Street.
• Parking access will be from Plum Street.
• Dumpster will be located in rear.
• Perhaps a common area between the buildings.
• Recreational areas between the buildings and east of the parking.
Reasoning for Zoning Variance Request:
Generally, the intent is to provide transitional (step down) zoning (land use) from I-2 to I-1 to MF-2 to MF-
1 to SF-10 to SF-8 and so on. The current arrangement of zoning intensities is somewhat transitional and
somewhat arbitrary.
Additionally, a more intense density in both height and coverage would help to mitigate some of the
nuisance conditions emanating from the railroad and industrial activities, predominately noise and site.
As a truck route, 2nd Street invites traffic that is not conducive to most commercial and residential uses. It
is more suitable to industrial uses, which in themselves are not compatible with the residential areas west
of 2nd Street or the vision for the downtown area. The proposed multi-family will not be a transition from
2nd Street but it will help to buffer the railroad activity and be a responsible transition to the residential
areas on the west side and downtown.
A smaller front yard setback along the east side of 2nd Street will provide more opportunity to exceed the
number of required parking spaces and make up for not having on street parking. It will also provide more
opportunity for on-site common recreational areas.
Landscape elements other than fences may provide a better buffer with the railroad than a privacy fence.
A chain link fence with landscaping of trees, bushes and shrubs would be more effective than a fence
alone. The developer may use more creativity in establishing a buffer that is compatible and even
conducive to his proposed development in lieu of one dictated to him that is not necessarily site specific.
A summary statement for each of the primary consideration is:
1. 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;
The proposed changes do not apply to other lands within the district at this time but are
expected to apply once the City plans and ordinances are revised. Other lands may not be
in the process of developing at this time.
2. 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
ordinance;
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P:\Projects\SFP2101 - 2nd Street and Plum\Zoning\Sanger Variance Request\Letter of Intent.docx
As indicated above, it is anticipated that other properties will be provided the same rights
once the City plans and ordinances are revised.
3. That the special conditions and circumstances do not result from the actions of the applicant;
The revisions to the comprehensive plan were initiated by the City, not the applicant.
4. 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;
5. As indicated above, it is anticipated that other properties will be provided the same rights
once the City plans and ordinances are revised. It is also reasonable that other properties
proposing similar projects would receive like consideration.
6. 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 grounds
for the issuance of a variance.
The site is not promoting a non-conforming use and is not providing any adjacent or nearby
non-conforming uses as justification for this request. The intent is to develop a site the
conforms to the rules and regulations of the City as communicated by its current regulations
and plans in progress. The existing residential structure on site is a non-conforming use. The
intent is to phase out this use in a timely and responsible manner. Such timeliness includes
the consideration of a responsible return on recent investments before scraping the house.
Contacts:
Lee Allison, P.E., applicant or Jeff Springer, owner may be contacted regarding additional information
needed to consider this request.
We are confident that the City of Sanger will give reasonable and responsible consideration of this request.
We eagerly look forward to working with the City to help shape the future of Sanger.
Respectfully Submitted,
Allison Engineering Group
Lee Allison, P.E.
Attachments:
Concept Site Plan
Preliminary Building Elevations
Aerial Map
Future Land Use Map
Zoning Map
Page 18
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Aerial Map
Page 19
Page 6 of 7
P:\Projects\SFP2101 - 2nd Street and Plum\Zoning\Sanger Variance Request\Letter of Intent.docx
Future Land Use Map
Industrial (Under revision with comprehensive plan update)
Page 20
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P:\Projects\SFP2101 - 2nd Street and Plum\Zoning\Sanger Variance Request\Letter of Intent.docx
Zoning Map
Multi-family Residential District, Low Density
Page 21
SECTION 18
"MF-1" MULTI-FAMILY RESIDENTIAL DISTRICT-1
General Purpose and Description: The “MF-1” Multifamily Residential District is intended to provide for medium
density residential development not to exceed ten (10) units per acre. This district functions as a buffer or
transition between major streets, nonresidential areas or higher density residential areas and lower density
residential areas. Density in this district is not to exceed ten (10) units per acre.
18.1 Use Regulations: A building or premises in the MF-1 district shall be used only for the following purposes:
1. Three (3) or more single-family attached dwelling units, provided that no more than seven (7)
dwelling units are attached in one continuous row or group and provided that no dwelling unit is
constructed above another unit.
2. Multifamily dwelling.
3. Other uses as listed in Section 30 of this ordinance.
The following specific uses shall be permitted in a MF-1 district when granted in accordance with Section 31:
1. Uses listed in Section 30 of this ordinance.
18.2 Height Relations: No building shall exceed thirty-five (35) feet.
18.3 Area Regulations:
1. Size of Yards:
a. Front Yard: There shall be a front yard having a required depth of not less than twenty-five (25)
feet as measured from the front property line.
b. Side Yard: There shall be a side yard on each side of a continuous row or group of dwellings of not
less than ten (10) feet. There shall be ten (10) feet separation between buildings without openings and
fifteen (15) feet between buildings with openings. A side yard adjacent to a side street shall not be less
than twenty (20) feet. No side yard for allowable nonresidential uses shall be less than twenty -five (25)
feet. If a side yard adjacent to a single-family zoning district there shall be a total of sixty (60) feet
setback from the adjacent building line for buildings in excess of one (1) story in height.
c. Rear Yard: There shall be a rear yard with a depth of not less than twenty (20) feet.
2. Size of Lot:
a. Lot Area: No building shall be constructed on any lot less than two thousand eight hundred eighty
(2,880) square feet, or equivalent thereof, per dwelling unit, not to exceed ten (10) units per gross acre.
b. Lot Width: The width of a lot shall be not less than twenty-four (24) feet at any point for a single-
family attached unit and eighty (80) feet as measured along the front building line for a multifamily unit.
c. Lot Depth: The depth of the lot shall be not less than one hundred twenty (120) feet at any point .
3. Minimum Dwelling Size: The minimum size of a family attached dwelling unit shall be nine hundred
(900) square feet, exclusive of garages, breezeways and porches. The minimum floor area of
multifamily units shall be seven hundred fifty (750) square feet per unit.
4. Lot Coverage: In no case shall more than forty percent (40%) of the total lot area be covered by
the combined area of the main buildings and accessory buildings.
18.4 Parking Regulations: The number of parking spaces required shall be based on the following:
[1.] Two (2) bedroom units equal one and three-quarters (1-3/4) spaces per unit.
[2.] Three (3) bedroom units equal two (2) spaces per unit.
[3.] Required parking may not be provided within the required front yard.
[4.] Off-street parking spaces shall be provided in accordance with the requirements set forth in
Section 32.
18.5 Refuse Facilities: Every dwelling unit in a multifamily complex shall be located within two hundred fifty
(250) feet of a refuse facility, measured along the designated pedestrian and vehicular travel way. There shall be
Page 22
available at all times at least six (6) cubic yards of refuse container per thirty (30) multifamily dwelling units. For
complexes with less than thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided,
three sides from persons standing at ground level on the site or immediately adjoining property, by an opaque
fence or wall of wood or masonry not less than six (6) feet nor more than eight (8) feet in height or by an
enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public
health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by
refuse collection agencies.
18.6 Border fencing of wood or masonry, not less than six (6) feet in height shall be installed by the builder at
the time of construction of any multifamily complex, along the property line on any perimeter not abutting a
public street or right-of-way. This fence shall be maintained throughout the existence of the multifamily unit by
the owner of the unit.
18.7 Each residential unit in a multifamily dwelling shall be provided with at least two (2) paths of egress to a
place of safety in the event of fire or other emergency.
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A R C H I T E C T S , I N C .n
Architects Planners Interior Design
SPRINGER APARTMENTSN E L S O N + M O R G A N
m+SANGER, TX
10
'
-
0
"
25'-0"
10
'
-
0
"
20'-0"
15
'
-
0
"
15'-0"
10'-0"
35'-0"
S
2ND
ST
R
E
E
T
BUILDING SETBACK
PROPERTY LINE
EXISTING
GARAGE
32515
0.00
32516
0.00
32517
0.00
32518
0.00
S
EXISTING HOUSE
SD
BU
I
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D
I
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SE
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B
A
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PR
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LI
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PLUM STREET
OV
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LA
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UTILITY EASEMENT
SCALE: 1" = 20'
SITE PLAN EXISTING
Page 24
A R C H I T E C T S , I N C .n
Architects Planners Interior Design
SPRINGER APARTMENTSN E L S O N + M O R G A N
m+SANGER, TX
1
2
3
4
5
6
7
8
9
10
11
10
'
-
0
"
25'-0"
10
'
-
0
"
20'-0"
15
'
-
0
"
15'-0"
10'-0"
35'-0"
27'-0"
26'-0"
26'-0"
R 25'-0"R 25'-0"
2,742 sq ft
SIDEWALK
UTILITY POLE TO BE
RELOCATED
SIDEWALK
FUTURE SIDEWALK
DUMPSTER
ENCLOSURE
COVERED AWNING
NO
PARKING
S
2ND
ST
R
E
E
T
BUILDING SETBACK
PROPERTY LINE
EXISTING HOUSE
32515
0.00
32516
0.00
32517
0.00
32518
0.00
S
EXISTING
GARAGE
SD
BU
I
L
D
I
N
G
SE
T
B
A
C
K
PR
O
P
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R
T
Y
LI
N
E
PLUM STREET
OV
E
R
H
E
A
D
PO
W
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LI
N
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APARTMENT
BLDG B
6 TWO BEDRM
UNITS
UP
LA
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C
A
P
E
BU
F
F
E
R
FUTURE PARKING
FUTURE PARKING
FIRE LANE
UTILITY EASEMENT
FIRE LANE
SCALE: 1" = 20'
SITE PLAN (PHASE 1)
Page 25
A R C H I T E C T S , I N C .n
Architects Planners Interior Design
SPRINGER APARTMENTSN E L S O N + M O R G A N
m+SANGER, TX
12
13
14
15
16
17
18
19
20
21
22
1
2
3
4
5
6
7
8
9
10
11
10
'
-
0
"
25'-0"
10
'
-
0
"
20'-0"
10'-0"
35'-0"35'-0"
37
'
-
0
"
27'-0"
26'-0"
26'-0"
R 25'-0"R 25'-0"
2,742 sq ft
2,742 sq ft
SIDEWALK
SIDEWALK
UTILITY POLE TO BE
RELOCATED
COVERED AWNING
SIDEWALK
DUMPSTER
ENCLOSURE
COVERED AWNING
SIDEWALK
NO
PARKING
S
2ND
ST
R
E
E
T
BUILDING SETBACK
PROPERTY LINE
32515
0.00
32516
0.00
32517
0.00
32518
0.00
S
SD
BU
I
L
D
I
N
G
SE
T
B
A
C
K
PR
O
P
E
R
T
Y
LI
N
E
PLUM STREET
OV
E
R
H
E
A
D
PO
W
E
R
LI
N
E
APARTMENT
BLDG A
6 TWO BEDRM
UNITS
UP
APARTMENT
BLDG B
6 TWO BEDRM
UNITS
UP
LA
N
D
S
C
A
P
E
BU
F
F
E
R
FIRE LANE
UTILITY EASEMENT
FIRE LANE
SCALE: 1" = 20'
SITE PLAN (PHASE 2)
Page 26