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Home My WebLink About08-08-05 ZBA Agenda PacketTOWN OF WESTLAKE, TEXAS ZONING BOARD OF ADJUSTMENT AGENDA AUGUST 8, 2005 6:30 P.M. TOWN HALL BOARD ROOM 2650 J. T. OTTINGER ROAD 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF MEETING HELD MAY 2, 2005. 3. CONSIDER A REQUEST FOR A VARIANCE FROM THE MINIMUM SIDE - YARD SETBACK REQUIREMENT AT 1626 FAIR OAKS COURT IN GLENWYCK FARMS. 4. CONSIDER A REQUEST FOR A VARIANCE FROM THE INTERNATIONAL FIRE CODE AT 2100 CEDAR ELM TERRACE 5. 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 Friday, August 5, 2005, at 5:00 p.m. under the Open M ngs Act, Chapter 551 of the Texas Government Code. Jf Dwinnell, TRMC, CMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS ZONING BOARD OF ADJUSTMENT MAY 29 2005 Present: Don Redding, Chairman Buddy Brown, Member Fred Held, Member Larry Sparrow, Member Trent Petty, Town Manager Stan Lowry, Town Attorney Ginger Crosswy, Town Secretary Absent: Bill Frey, Member 1. CALL TO ORDER. Chairman Don Redding called the meeting to order at 7:03 and announced a quorum. 2. REVIEW AND APPROVE MINUTES OF MEETING HELD DECEMBER 13, 2004. A motion was made by Mr. Brown, seconded by Mr. Held to approve the minutes of the Zoning Board of Adjustment meeting held December 13, 2004. The motion carried unanimously. 3. CONSIDER A REQUEST FOR A VARIANCE TO SECTION 18 -2 OF THE CODE OF ORDINANCES REGARDING REQUIREMENTS FOR SEPTIC TANK SYSTEMS AND ALTERNATE DISPOSAL SYSTEMS BY PETE AND LISA STEGER, OWNERS OF LOT 8 IN THE STAGECOACH HILLS ADDITION, KNOWN AS 5932 JANET COURT. Chairman Redding explained the proposed variance request regarding the need for a septic tank and the required setbacks. Town Manager Trent Petty advised that the staff s recommendation is for approval of the request. A motion was made by Mr. Brown, seconded by Mr. Held to approve the requested variance to Section 18 -2 of the Code of Ordinances regarding requirements for septic tank systems and alternate disposal systems by Pete and Lisa Steger, owners of Lot 8 in the Stagecoach Hills Addition, known as 5932 Janet Court. The motion carried unanimously. 4. ADJOURNMENT. Upon the motion by Mr. Sparrow, seconded by Mr. Held, the meeting was adjourned at 7:08 p.m. Approved by the Zoning Board of Adjustment on , 2005. Don Redding, Chairman ATTEST: Jean Dwinnell, TRMC, CMC, Town Secretary Town of Westlake Memo TO: Honorable Chairman and Members of the Board of Zoning Adjustment FROM: Trent Petty, Town Manager SUBJECT: Called Meeting of August 8, 2005 DATE: August 1, 2005 RE: Consideration of a Variance from the minimum side -yard setback requirement at 1626 Fair Oaks Court in G1enWyck Farms Item Consider a variance from the minimum side yard setback of 20' to 17' feet at 1626 Fair Oaks Court in GlenWyck Farms subdivision (Lot 16, Block D); zoned R -1 Estate Residential. Background This variance is being requested due to a builder mistake that was not caught in the inspection process. All R -1 zoning requires a 20' side yard. This review takes place during the plans review phase of the inspection process and notations are made to plans that convey necessary corrections. In this case, the architect had illustrated two side yard setback distances — 1 at 21'and one at 17'. The Building Inspector noted the correct setback on the plans. However when form boards were placed, the builder placed them at the 17' line rather than the required 20' line. Additionally, the build line was not parallel to the property line. After this incident, the inspection review process was reviewed with the Building Inspector and it was concluded that additional policy requirements are necessary in the inspection process before foundations can be poured to physically measure the setbacks; specifically after corrections are noted on plans. This will slow the inspection process for foundations, but it is a necessary step. As a reminder in consideration of granting a variance, the Board of Zoning Adjustment must find the applicant presented testimony and evidence of a hardship. The Board must find and make part of the motion that this hardship has been presented and exists. A majority vote is not sufficient in the granting of a variance, either by law or by Town ordinance. Four out of five board members must be in favor. Additionally, the variance, by law, cannot be self - imposed or based on any financial reason. The variance must be based on topographical or unique features of the lot. Attachments Variance Application and accompanying supporting documentation LOT 1, BLOCK F COMMON AREA /OPEN GLENWYCK FARMS SPACE DEDICATED CAB. A. SLIDES 5814 AND 5815 TO TOWN OF WESTLAKE P.R.T.C.T. VOL. 14266, PG. 54 DRG. 3c U.E. D.R.T.C.T. 5/8" I.P. FLOODPLAIN LINE 32 #1 E 192.9 � '— N$6'06 (PER PLAT) 5/8^ I.P. FND. .� (PBSJ) 15 LOT 16 / N, V BLOCK A, 01 is 1.15 ACRES I ? in N C JLl 19.3 L4 w , 20 7 o, (w 42.3 U # I D m N Lri N J 80.4 �+ ++lo d` �n 5.5 19.1 4.7 A N CINI FORMS w > � A N do N�� b32 10. t n T /F= 600.27 6.4 80.2 I �0'' t - �- US \ LJJL 5815 7, N O O is 1 t .5 �" 31.2 in 4.7 °D 4.3 y� N I m C7 U) X18.0 n ®. U `O 9.5 U) 8.0 1.2- 5/8" u LP. FND.. (� G' `�q 6.0 w o, 1.2T m 5.4 4.3 N .r 1 4 10.9 71.6 S ®�� U 1626 °° c 12.8 ll N FAIR OAKS COURT m 23.9 71.4 , Iq LOT 29, BLOCK A 45' ASPHALT PAVING 10' PRIVATE DRG., ELECTRIC &SAN. SEWER ESM T. 5/8' i P P.K. NAIL 10' PRIVATE DRG., ELECTRIC & SAN. SEWER ESM T, D (PBS, - N89' 47'00, W 179.88 (BEARING CONTROL LINE) a 9 B!,ory ,1. GLENWYCK FARMS 1 CAB. A, SLIDES 5814 AND 5815 I P.R.T,C,T. �vi U° Town of Westlake Memo TO: Honorable Chairman and Members of the Board of Zoning Adjustment FROM: Trent Petty, Town Manager SUBJECT: Called Meeting of August 8, 2005 DATE: August 1, 2005 RE: Consideration of a Variance from the International Fire Code as amended prior to time of filing Item Consider a variance from the International Fire Code, Section 903.2.9. Group S -2, as Amended (memo attached) prior to June 27t' Board meeting which allowed for additional amendments specifically concerning the issues addressed. Background This variance is being requested due to the code requirement in place during the original platting of this property. At the time, fire protection sprinklers were required to be installed in any non - residential building regardless of the occupancy load and the square footage. This has since been changed, on June 27, 2005, with a code amendment to allow accessory or auxiliary building of less than 1,500 square feet, having no occupancy load, and having no reportable quantities of hazardous materials to forgo these requirements. The only building in which the variance pertains is the Pool Mechanical Building located on Lot 88 R in the Vaquero Subdivision. Additionally, this building will not house any reportable quantities of chemicals nor will it be occupied. During the June 27th Board of Aldermen meeting, the IFC 2003 was amended to address similar situations for buildings in Group S -1, S -2, and Group U. The specific details of this amendment can be reviewed with the attached memo. By allowing this variance, this building will meet the current requirements as amended and adopted on June 27, 2005, and the hardship on the property developer will be eliminated. All other portions of this project have been in compliance. As a reminder in consideration of granting a variance, the Board of Zoning Adjustment must find the applicant presented testimony and evidence of a hardship. The Board must find and make part of the motion that this hardship has been presented and exists. A majority vote is not sufficient in the granting of a variance, either by law or by Town ordinance. Four out of five board members must be in favor. Additionally, the variance, by law, cannot be self - imposed or based on any financial reason. The variance must be based on topographical or unique features of the lot. Attachments Variance Application and accompanying documents ji I f / / Q .,/BASKE/rBALL LOW /COURT f ! 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