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Home My WebLink About02-22-10 ZBA PacketThe meeting will begin following the conclusion of Town Council Workshop but not prior to the 6:30 p.m. posted start time. Page 1 of 2 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 FEBRUARY 22, 2010 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM 6:30 P.M. 1. CALL TO ORDER 2. DISCUSS AND CONSIDER APPROVAL OF THE MINUTES FROM THE OCTOBER 26, 2009, MEETING. 3. CONDUCT A PUBLIC HEARING REGARDING AN APPLICATION FROM KENSINGTON ESTATES FOR ROLAND ARTHUR REQUESTING A VARIANCE (V2010-01) TO SECTIONS120-122 OF THE CODE OF ORDINANCES WHICH REQUIRES THAT THE EXTERIOR WALLS OF A RESIDENTIAL STRUCTURE BE 80% STANDARD MASONRY CONSTRUCTION. THE GRANTING OF THIS VARIANCE IS SPECIFICALLY TO ALLOW THE APPLICANT TO CONSTRUCT A LOG HOME ON PROPERTY LOCATED AT 1755 W. DOVE ROAD. 4. DISCUSS AND CONSIDER ACTION ON A AN APPLICATION FROM KENSINGTON ESTATES FOR ROLAND ARTHUR REQUESTING A VARIANCE (V2010-01) TO SECTIONS120-122 OF THE CODE OF ORDINANCES WHICH REQUIRES THAT THE EXTERIOR WALLS OF A RESIDENTIAL STRUCTURE BE 80% STANDARD MASONRY CONSTRUCTION. THE GRANTING OF THIS VARIANCE IS SPECIFICALLY TO ALLOW THE APPLICANT TO CONSTRUCT A LOG HOME ON PROPERTY LOCATED AT 1755 W. DOVE ROAD. 5. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by February 18, 2010 by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, 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. ZBA Minutes 10/26/09 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS ZONING BOARD OF ADJUSTMENT October 26, 2009 PRESENT: Board Members Tim Brittan, Larry Corson, Rick Rennhack, and Rebecca Rollins. ABSENT: Carol Langdon OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kelly Edwards, Finance Director Debbie Piper, Public Works Superintendent Jarrod Greenwood, Facilities and Recreation Director Troy Meyer, Court Administrator Amanda DeGan, Assistant to the Town Manager Ginger Awtry, and Planning and Development Director Eddie Edwards 1. CALL TO ORDER. . The meeting was called to order at 8:05 p.m. 2. PLEDGE OF ALLEGIANCE 3. REVIEW AND APPROVE MINUTES OF THE MEETING HELD ON MARCH 24, 2008. MOTION: Member Brittan made a motion to approve the minutes as presented. Member Rollins seconded the motion. The motion carried by a vote of 4-0. 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. ZBA Minutes 10/26/09 Page 2 of 2 Planning and Development Director Eddie Edwards provided an overview of the variance to the board. Mrs. Charlene Gardner spoke in favor of the request to build an addition to her home that will accommodate two family members with health needs. With no others wishing to speak acting Chairman Corson closed the public hearing. 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. MOTION: Member Brittan made a motion to approve the variance as submitted upon the following findings: 1) that the applicant has presented evidence of a hardship; 2) that the elements of Chapter 26, Section 26-68 of the Code of Ordinances have been met. Member Rollins seconded the motion. The motion carried by a vote of 4-0. 6. ADJOURNMENT There being no further business to come before the board, Acting Chairman Corson asked for a motion to adjourn. MOTION: Member Rollins made a motion to adjourn. Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Chairman Corson adjourned the meeting at 8:20 p.m. Approved by the Zoning Board of Adjustment on February 22, 2009 __________________________________ Larry Corson, Chairman ATTEST: ______________________________ Kelly Edwards, Town Secretary S:\Town Secretary\ZBA\Agendas\02-22-10\AM 1755 Dove - Variance.doc 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 February 22, 2010 (ZBA-2010-01). Date: January 27, 2010 ITEM Conduct a Public Hearing and consider an application for a variance to Section 102-122 of the Code of Ordinances which requires that the exterior walls of a residential structure be 80% standard masonry construction. The granting of this variance is specifically to allow the applicant to construct a log home. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  Inviting Residential & Corporate neighborhoods o Outstanding community appearance o Highest quality development and aesthetic standards BACKGROUND The applicant desires to build a log home to replace the log home that was lost in a fire several years ago. The new log home will be located in the middle of a large tract of land that is currently being used for agricultural purposes. The exterior walls of the house will not be visible from adjacent right-of-ways or neighboring properties. Code of Ordinances Section being referenced: Sec. 102-122. Residential districts. (a) Exterior wall building materials. (1) All buildings of 100 square feet or more and over nine feet tall shall have exterior walls constructed of masonry construction. Exterior walls for all buildings of 100 square feet or more and over nine feet tall shall be constructed of at least 80 percent standard masonry construction, excluding windows and doors, unless such wall is on a porch, patio, courtyard, or breezeway, in which event, the wall may be of non-masonry construction. The Code of Ordinances definition of Masonry construction: Masonry construction. The words "masonry construction" include exterior walls constructed of brick, stone, cast stone, concrete, glass block or other approved masonry materials and shall be constructed in S:\Town Secretary\ZBA\Agendas\02-22-10\AM 1755 Dove - Variance.doc accordance with the Westlake Building Code, but in no case shall brick be less than three inches in thickness nor shall stone, concrete, concrete block or other approved masonry be less than 3 5/8 inches in thickness when applied as a veneer. 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; S:\Town Secretary\ZBA\Agendas\02-22-10\AM 1755 Dove - Variance.doc (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. VICINITY MAP 1722 Dove Rd. ATTACHMENTS Variance Application 1722 Dove Rd. Old House New House Glenwyck 1755 Dove Rd. F M 1 9 3 8 Add map