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Home My WebLink About12-10-12 ZBA Agenda PacketPage 1 of 2 TOWN OF WESTLAKE, TEXAS ZONING BOARD OF ADJUSTMENT AGENDA DECEMBER 10, 2012 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM 6:00 P.M. 1. CALL TO ORDER 2. DISCUSS AND CONSIDER APPROVAL OF THE MINUTES FROM THE FEBRUARY 22, 2010, MEETING. 3. CONDUCT A PUBLIC HEARING REGARDING AN APPLICATION FOR A VARIANCE TO SECTION 102-124 “DISTRICT DEVELOPMENT STANDARDS” OF THE CODE OF ORDINANCES WHICH REQUIRES A FORTY (40) FOOT REAR YARD SETBACK FOR PROPERTY ZONED R-1. THE GRANTING OF THE REQUESTED VARIANCE WILL ALLOW A CORNER OF THE PROPOSED STRUCTURE TO ENCROACH BY FOUR (4) FEET INTO THE REQUIRED SETBACK. THE REMAINDER OF THE STRUCTURE WILL COMPLY WITH ALL REQUIRED SETBACKS. 4. DISCUSS AND CONSIDER ACTION ON A AN APPLICATION FOR A VARIANCE TO SECTION 102-124 “DISTRICT DEVELOPMENT STANDARDS” OF THE CODE OF ORDINANCES WHICH REQUIRES A FORTY (40) FOOT REAR YARD SETBACK FOR PROPERTY ZONED R-1. THE GRANTING OF THE REQUESTED VARIANCE WILL ALLOW A CORNER OF THE PROPOSED STRUCTURE TO ENCROACH BY FOUR (4) FEET INTO THE REQUIRED SETBACK. THE REMAINDER OF THE STRUCTURE WILL COMPLY WITH ALL REQUIRED SETBACKS. 5. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by December 5, 2012 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. 02-22-10 ZBA Minutes Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE ZONING BOARD OF ADJUSTMENT February 22, 2010 PRESENT: Chairman Larry Corson, Board Members Carol Langdon, Rick Rennhack, and Rebecca Rollins. ABSENT: Tim Brittan 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, and Planning and Development Director Eddie Edwards. 1. CALL TO ORDER The meeting was called to order at 7:18 p.m. 2. DISCUSS AND CONSIDER APPROVAL OF THE MINUTES FROM THE OCTOBER 26, 2009, MEETING. MOTION: Member Langdon made a motion to approve the minutes as presented. Member Rollins seconded the motion. The motion carried by a vote of 4-0. 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. Planning and Development Director Eddie Edwards introduced the item and asked the builder Nick Smith to present the request to the board. 02-22-10 ZBA Minutes Page 2 of 2 Mr. Smith spoke in favor or the request. He provided a presentation and overview of the construction of the log home and assured the board ht would meet all of the code requirements. With no others wishing to speak acting Chairman Corson closed the public hearing. 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. MOTION: Member Rennhack made a motion to approve the variance as presented. Member Rollins seconded the motion. The motion carried by a vote of 4-0. 5. ADJOURNMENT There being no further business to come before the board, Acting Chairman Corson asked for a motion to adjourn. MOTION: Member Langdon 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 7:40 p.m. APPROVED BY THE ZONING BOARD OF ADJUSTMENT ON DECEMBER 10, 2012. _____________________________ ATTEST: Carol Langdon for Acting Chairman Corson ______________________________ Kelly Edwards, Town Secretary Town of Westlake Memo To: Honorable Chairman and Members of the Zoning Board of Adjustments From: Eddie Edwards, Director of Planning and Development Subject: Called meeting of December 10, 2012 (V-2012-01). Date: December 04, 2012 ITEM Conduct a Public Hearing and consider an application for a variance to Section 102-124 “District development standards” of the Code of Ordinances which requires a forty (40) foot rear yard setback for property zoned R-1. The granting of the requested variance will allow a corner of the proposed structure to encroach by four (4) feet into the required setback. The remainder of the structure will comply with all r equired setbacks. 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 new home on a heavily wooded lot. Town ordinances require giving consideration to preserving old growth trees when preparing a site layout. The applicant has done this. When considering the possibility of adjusting the floor plan by clipping the corner of the house diagonally at the subject corner, it should be taken into consideration that this would have a major negative impact on the room as opposed to an almost negligible impact on the rear yard. It should also be noted that accessory buildings in the R-1 zoning district are allowed have a setback less than 40 feet provided the setback is equal to the height of the accessory structure, fo r example, a 15 foot tall structure can be located 15 feet from the property line. Code of Ordinances Section being referenced: Sec. 102-124. - District development standards. (a) District development standards chart. (1) The district development chart in Figure 2 sets out standards for density, minimum building area, building height, minimum setbacks from property lines, required landscaping, requirement for site plan approval, and requirement for submission of a development schedule. (2) Front yard setbacks are required in all instances where a property line abuts a street right-of -way. (3) The chart shall establish the minimum requirements for these elements except as otherwise provided in this article. FIGURE 2 WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART District Density Minimum Principal Building Area Height *Lot Width Bldg. Line Minimum Setbacks Mini- mum Lot Size u/a, FAR Front Rear Side Side Paving R-5 Country Residential (5 ac.) 217,800 s.f. 1 u/a 2,000 s.f. bldg. min. 2.5 st/35' 200 50 50 30 R-2 Rural Residential (2 ac.) 87,120 s.f. 1 u/a 2,000 s.f. bldg. min. 2.5 st/35' 150 50 50 25 R-1 Estate Residential (1 ac.) 43,560 s.f. 1 u/a 1,800 s.f. bldg. min. 2.5 st/35' 125 40 40 20 R- O.5 Neighborhood Residential (.5 ac.) 21,780 s.f. 1 u/a 1,500 s.f. bldg. min. 2.5 s.t./35' 100 35 35 15 RA Residential Airpark 43,560 s.f. 1 u/a 1,800 s.f. bldg min 2.5 st/35' 125 40 40 20 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. RECOMMENDATION Staff recommends approval of the variance sought. ATTACHMENTS Variance Application and attachments.