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01/13/2025-BOA-Agenda Packet-Regular
ZONING BOARD OF ADJUSTMENT MEETING AGENDA JANUARY 13, 2025, 6:00 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 September 9, 2024, meeting. PUBLIC HEARING ITEMS 2. Conduct a public hearing on a request for a variance from PD-TH 06-08-14 to allow a variance from the minimum side yard setback of 7.5 feet and to allow for a minimum side yard setback of 7 feet for a townhome lot to be developed, located at 4511 Avion Dr in the Sanger Circle Phase 6A Blk C, Lot 5. ACTION ITEMS 3. Consideration and possible action on a request for a variance from PD-TH 06-08-14 to allow a variance from the minimum side yard setback of 7 1/2 feet and to allow for a minimum side yard setback of 7 feet for a townhome lot to be developed, located at 4511 Avion Dr in the Sanger Circle Phase 6A Blk C, Lot 5. 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. INFORMATIONAL ITEMS EXECUTIVE SESSION Pursuant to the Open Meetings Act, Chapter 551, the City Council Will Meet in a Closed Executive Session in Accordance with the Texas Government Code: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY For deliberations regarding the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Section 551.074. PERSONNEL MATTERS For deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee. (EDIT - LIST THE POSITION) Sec. 551.071. CONSULTATION WITH ATTORNEY For deliberations regarding legal (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. (EDIT – AS NECESSARY LISTING THE TOPIC OF THE CONSULTATION) Sec. 551.086. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. For deliberations regarding (EDIT – no more than a general representation of the subject matter to be considered) Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). EDIT – AS NECESSARY LISTING GENERAL LOCATION OR NAME OF THE PROJECT) RECONVENE INTO REGULAR SESSION 2 Reconvene into Regular Session and take any action deemed necessary as a result of Executive Session. 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 January 08, 2024, at 5:00 PM. Shelley Warner, 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. 3 PLANNING & ZONING COMMISSION COMMUNICATION DATE: January 13, 2025 FROM: Shelley Warren, Secretary AGENDA ITEM: Consideration and possible action of the minutes from September 9, 2024, 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 9-9-24 4 Item 1. Zoning Board of Adjustment Minutes 09/09/2024 Page 1 of 4 ZONING BOARD OF ADJUSTMENT MEETING MINUTES SEPTEMBER 09, 2024, 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 Commissioner Miller called the Zoning Board of Adjustment meeting to order at 7:03 P.M. BOARD MEMBERS PRESENT: Commissioner, Place 1 Shane Stone Commissioner, Place 2 Kristin Edwards Commissioner, Place 3 Jackie Turner Commissioner, Place 4 Timothy Skaggs Commissioner, Place 5 Jacob Gastelum Commissioner, Place 6 Jason Miller Commissioner, Place 7 Lisa Freeman BOARD MEMBERS ABSENT: All members were present. STAFF MEMBERS PRESENT: Director of Development Services Ramie Hammonds, Planning Technician Stefani Dodson, and Secretary Shelley Warner INVOCATION AND PLEDGE Pledge was led by Commissioner Miller. CITIZENS COMMENTS No citizens came forward. 5 Item 1. Zoning Board of Adjustment Minutes 09/09/2024 Page 2 of 4 CONSENT AGENDA 1. Consideration and possible action of the minutes from January 8, 2024 meeting. Commissioner Miller makes a motion to approve the consent agenda. Commissioner Freeman seconded the motion. Voting Yea: Commissioner Stone, Commissioner Turner, and Commissioner Gastelum. Commissioner Edwards and Commissioner Skaggs abstained from the vote. The motion passes. PUBLIC HEARING ITEMS 2. Conduct a public hearing on a request for a variance from Zoning Chapter 14, Section 48.5 to allow a variance from the required 20% landscaping and to allow for 13% landscaping for the commercial lots, being 9.82 acres, HENRY TIERWESTER SURVEY, ABSTRACT NO. 1241, LOT 7, BLOCK A located in the City of Sanger, and generally located on the west side of North Stemmons Frwy at the intersection of West Chapman Dr. and North Stemmons Frwy. Commissioner Miller opens the Public Hearing at 7:01 P.M. Planning Technician Dodson presented the item noting that 21 notices were mailed with 0 responses received. Commissioner Stone, Commissioner Freeman, Commissioner Skaggs and Commissioner Gastelum asked questions. Drew Donosky explained the request and answered questions. Commissioner Miller closes the Public Hearing at 7:07 P.M. 3. Conduct a public hearing on a request for a variance from Chapter 14A Zoning Ordinance – Section 25 - “I-1” Industrial District- Article 25.2 – Maximum height of two hundred feet and to allow a maximum height of three hundred feet, for Denton County Public Safety communication tower, located at 1175 Union Hill Rd. Commissioner Miller opens the Public Hearing at 7:08 P.M. Planning Technician Dodson presented the item noting that 7 notices were mailed with 0 responses received. Officer Billy Willis with Denton County Sheriff’s Office came forward and explained the need for coverage. 6 Item 1. Zoning Board of Adjustment Minutes 09/09/2024 Page 3 of 4 Commissioner Skaggs asked questions. Director Hammonds and Officer Willis responded. Commissioner Miller closes the Public Hearing at 7:13 P.M. 4. Conduct a public hearing on a request for a variance from Chapter 14A Zoning Ordinance – Section 32 Off-Street Parking and Loading Requirements – Article 32.3 – Item 21 from the required 15 parking spaces and to allow a reduction to 10 parking spaces, for the Belz Road Retail Addition, Phase 1, Block A, Lot 4, approximately 3.07 acres, and generally on the north side of West Chapman Drive. Commissioner Miller opens the Public Hearing at 7:14 P.M. Planning Technician Dodson presented the item noting that 3 notices were mailed with 0 responses received. Commissioner Freeman and Commissioner Skaggs asked questions. Director Hammonds responded. Commissioner Miller closed the Public Hearing at 7:17 P.M. ACTION ITEMS 5. Consideration and possible action on a request for a variance from Zoning Chapter 14, Section 48.5 to allow a variance from the required 20% landscaping and to allow for 13% landscaping for the commercial lots, being 9.82 acres, HENRY TIERWESTER SURVEY, ABSTRACT NO. 1241, LOT 7, BLOCK A located in the City of Sanger, and generally located on the west side of North Stemmons Frwy at the intersection of West Chapman Dr. and North Stemmons Frwy. Planning Technician Dodson presented the item. Staff recommends approval. Commissioner Gastelum makes a motion to approve the variance. Commissioner Miller seconded the motion. Voting Yea: Commissioner Turner, Commissioner Stone, Commissioner Freeman, Commissioner Edwards and Commissioner Skaggs. The motion passes unanimously. 6. Consideration and possible action on a request for a variance from Chapter 14A Zoning Ordinance – Section 32 Off-Street Parking and Loading Requirements – Article 32.3 – Item 21 from the required 15 parking spaces and to allow a reduction to 10 parking spaces, for the Belz Road Retail Addition, Phase 1, Block A, Lot 4, approximately 3.07 acres, and generally on the north side of West Chapman Drive. 7 Item 1. Zoning Board of Adjustment Minutes 09/09/2024 Page 4 of 4 Planning Technician Dodson presented the item. Staff recommends approval. Commissioner Miller makes a motion to approve the variance. Commissioner Freeman seconded the motion. Voting Yea: Commissioner Turner, Commissioner Stone, Commissioner Gastelum, Commissioner Edwards and Commissioner Skaggs. The motion passes unanimously. 7. Consideration and possible action on a request for a variance from Chapter 14A Zoning Ordinance – Section 25 - “I-1” Industrial District- Article 25.2 – Maximum height of two hundred feet and to allow a maximum height of three hundred feet, for Denton County Public Safety communication tower, located at 1175 Union Hill Rd. Planning Technician Dodson presented the item. Staff recommends approval. Commissioner Turner makes a motion to approve the variance. Commissioner Stone seconded the motion. Voting Yea: Commissioner Freeman, Commissioner Miller, Commissioner Gastelum, Commissioner Edwards and Commissioner Skaggs. The motion passes unanimously. FUTURE AGENDA ITEMS No items were discussed. INFORMATIONAL ITEMS No items were discussed. ADJOURN There being no further items Commissioner Miller adjourns the meeting at 7:25 P.M. 8 Item 1. ZONING BOARD OF ADJUSTMENT COMMUNICATION DATE: January 13, 2024 FROM: Ramie Hammonds, Director of Development Services AGENDA ITEM: Conduct a public hearing on a request for a variance from PD-TH 06-08-14 to allow a variance from the minimum side yard setback of 7.5 feet and to allow for a minimum side yard setback of 7 feet for a townhome lot to be developed, located at 4511 Avion Dr in the Sanger Circle Phase 6A Blk C, Lot 5. SUMMARY: The property is zoned “PD-TH” Planned Development - Townhome. The applicant is seeking a variance from the minimum side yard setback of 7 1/2 feet and to allow a minimum side yard setback of 7 feet. The property is located on Avion Dr. The applicant is proposing to develop a 5-unit townhome. Staff mailed out 10 public hearing notices to owners of properties within 200 feet of the subject property. At the time of this report, staff had not received any responses. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: N/A ATTACHMENTS: Location Map 9 Item 2. Denton County Landmark Map Esri Community Maps Contributors, Texas Parks & Wildlife, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS Legend Notes 0 100 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 1/8/2025 4:52:39 PM Location Map 24SANZON-0048 4511 Avion Dr Side Yard Setback 10 Item 2. ZONING BOARD OF ADJUSTMENT COMMUNICATION DATE: January 13, 2024 FROM: Ramie Hammonds, Director of Development Services AGENDA ITEM: Consideration and possible action on a request for a variance from PD-TH 06-08- 14 to allow a variance from the minimum side yard setback of 7 1/2 feet and to allow for a minimum side yard setback of 7 feet for a townhome lot to be developed, located at 4511 Avion Dr in the Sanger Circle Phase 6A Blk C, Lot 5. SUMMARY: The property is zoned “PD-TH” Planned Development - Townhome. The applicant is seeking a variance from the minimum side yard setback of 7 1/2 feet and to allow a minimum side yard setback of 7 feet. The property is located on Avion Dr. The applicant is proposing to develop a 5-unit townhome. Staff mailed out 10 public hearing notices to owners of properties within 200 feet of the subject property. At the time of this report, staff had not received any responses. FISCAL INFORMATION: Budgeted: N/A Amount: N/A GL Account: N/A RECOMMENDED MOTION OR ACTION: Staff recommends APPROVAL. ATTACHMENTS: Location Map Application Site Plan Letter of Intent PD-TH Regulations 11 Item 3. Denton County Landmark Map Esri Community Maps Contributors, Texas Parks & Wildlife, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS Legend Notes 0 100 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 1/8/2025 4:52:39 PM Location Map 24SANZON-0048 4511 Avion Dr Side Yard Setback 12 Item 3. 13 Item 3. 14 Item 3. 15 Item 3. 16 Item 3. 17 Item 3. 18 Item 3. 19 Item 3. 20 Item 3. 21 Item 3. 22 Item 3. 23 Item 3. 24 Item 3. 25 Item 3. 26 Item 3.