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HomeMy WebLinkAbout10-26-09 ZBA Agenda PacketThe meeting will begin following the conclusion of Town Council Workshop but not prior to the 6:30 p.m. posted start time. Mission Statement TOWN OF WESTLAKE, TEXAS On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas – A Premier Knowledge Based Community ZONING BOARD OF ADJUSTMENT AGENDA OCTOBER 26, 2009 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM 6:30 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW AND APPROVE MINUTES OF THE MEETING HELD ON MARCH 28, 2008. 4. CONDUCT A PUBLIC HEARING REGARDING AN APPLICATION FOR A VARIANCE TO SECTION 102-124 OF THE CODE OF ORDINANCES, (ZBA-09-01) TO THE SIDE YARD SETBACK REQUIREMENTS TO ALLOW AN ADDITION TO THE APPLICANT’S HOME TO EXTEND TO WITHIN (15) FIFTEEN FEET OF THE SIDE PROPERTY LINE FOR PROPERTY LOCATED AT 6040 MAHOTEA BOONE TRAIL, CARPENTER ADDITION, LOT 1. 5. DISCUSS AND CONSIDER ACTION ON A AN APPLICATION FOR A VARIANCE TO SECTION 102-124 OF THE CODE OF ORDINANCES, (ZBA-09-01) TO THE SIDE YARD SETBACK REQUIREMENTS TO ALLOW AN ADDITION TO THE APPLICANT’S HOME TO EXTEND TO WITHIN (15) FIFTEEN FEET OF THE SIDE PROPERTY LINE FOR PROPERTY LOCATED AT 6040 MAHOTEA BOONE TRAIL, CARPENTER ADDITION, LOT 1. 6. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 2650 J.T. Ottinger Road, Westlake, Texas, on Thursday, October 22, 2009, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Zoning Board of Adjustment Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." MINUTES OF THE TOWN OF WESTLAKE, TEXAS ZONING BOARD OF ADJUSTMENT March 24, 2008 PRESENT: Chairman Don Redding and Board Members Larry Corson, Kevin Maynard, Pete Steger, Bob Timmerman ABSENT: None. 1. CALL TO ORDER. OTHERS PRESENT: Interim Town Manager Joe Hennig, Town Attorney Stan Lowry, and Town Secretary Kim Sutter. Chairman Redding called the meeting to order at 6:54 p.m. 2. REVIEW AND APPROVE MINUTES OF THE MEETING HELD ON AUGUST 27, 2007. Chairman Redding introduced the item and asked for a motion. MOTION: Member Corson made a motion to approve the minutes as presented. Member Steger seconded the motion. The motion carried by a vote of 5-0. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION, V-08-01, FILED BY WB TEXAS RESORT COMMUNITIES REQUESTING A VARIANCE REGARDING THE TIME RESTRICTION ON A TEMPORARY STRUCTURE LOCATED AT 1405 FOUNTAIN GRASS COURT, VAQUERO – PHASE 1. Chairman Redding introduced the item Mr. Steve Yetts, WB Texas Resorts Communities, addressed the Board regarding the item and explained that they are requesting a variance to allow the use of a temporary Town of Westlake Page 2 of 2 Zoning Board of Adjustments March 24, 2008 structure in use currently as an information center and sales office for properties in Vaquero. Member Corson recommended that the variance be granted for a one year time period as the FM 1938 construction is scheduled to begin in the fall of 2008. Chairman Redding opened the public hearing. There being no one requesting to speak, Chairman Redding closed the public hearing and asked for a motion. MOTION: Member Corson made a motion to approve the variance request for a time period of one year to allow for a temporary structure to be located at 1405 Fountain Grass Court. Member Maynard seconded the motion. The motion carried by a vote of 5-0. 4. ADJOURNMENT. There being no further business to come before the board, Member Steger adjourned the meeting at 7:05 p.m. Approved by the Zoning Board of Adjustment on October 26, 2009. ____________________________________ Laura Wheat, Chairman ATTEST: ______________________________________ Kelly Edwards, Town Secretary Memo Town of Westlake To: Honorable Chairman and Members of the Zoning Board of Adjustments From: Eddie Edwards, Director of Planning and Development Subject: Called meeting of October 26, 2009 Date: October 13, 2009 ITEM Conduct a Public Hearing and consider an application for a variance to Section 102-124 of the Code of Ordinances, (ZBA-09-01). A variance to the side yard setback requirements is being requested to allow an addition to the applicant’s home to extend to within (15) fifteen feet of the side property line. The property is currently zoned R-2 which requires a (25) twenty-five foot side yard. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation BACKGROUND The applicant desires to create additional living space to accommodate the housing of an aging mother and special needs sister. Although the mother and sister have been long time residents of the Town of Westlake, currently living on the same street as the applicant, diminishing mobility has made residing at their current residence impractical. The applicant has employed design professionals and consulted with contractors and with Town staff to explore every option for adding on to their existing house. After taking into consideration all of the possible options and various obstacles, the proposed design was determined to be the most practical. An electrical line installed across the east side of the property prevents adding on to the east side of the house. The significant slope of the land prevents locating the addition to the front or rear of the house. Adding on vertically is contrary to the mobility issues being addressed. An addition to the west of the house that does not encroach into the required side yard results in an impractical design that would be unusable for the intended purposes. ATTACHMENTS Variance Application Site plan – survey Floor plan of addition Legal information regarding granting/denying a variance: Texas Local Government Code § 211.009. AUTHORITY OF BOARD. (a) The board of adjustment may: (1) hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter; (2) hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so; (3) authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done; and Code of Ordinances Sec. 26-66. Public hearing conducted by board of aldermen. (a) Authority. The board of aldermen shall conduct a public hearing and make determinations on the following matters: (1) Text amendments to the Unified Development Code. (2) Zoning changes and map amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments. (3) Site plans for development. (4) Amendments to the Comprehensive Plan. (5) Amendments to the Thoroughfare Plan. (6) Amendments to the Open Space Plan. (7) Variances, special exceptions and appeals. Sec. 26-68. Board of adjustment. (a) Organization. The board of aldermen shall sit as the board of adjustment for the purposes of this section. (d) Criteria for granting variances. The board of aldermen, acting as the town's board of adjustment, pursuant to the powers conferred upon it by state law, the ordinances of the town, and this division may grant variances to the provisions of the UDC upon finding that: (1) Such variance will not substantially or permanently injure the appropriate use of adjacent property in the same district; (2) Such variance will not adversely affect the health, safety or general welfare of the public; (3) Such variance will not be contrary to the public interest: (4) Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located, except as provided in subsection (c) of this section; (5) Such variance will be in harmony with the spirit and purpose of the UDC; (6) Such variance will not alter the essential character of the district in which is located the property for which the variance is sought; (7) Such variance will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; (8) Due to special conditions, a literal enforcement of the UDC would result in unnecessary hardship; (9) The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located; (10) The variance or exception is not a self-created hardship; and (11) The variance is clearly identified as a variance to the town's standards on the concept plan, site plan or text of chapter 102. Zoning Board of Adjustment Item # 6 – Adjournment Back up material has not been provided for this item.