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HomeMy WebLinkAbout06-17-13 ZBA Agenda PacketPage 1 of 2 TOWN OF WESTLAKE, TEXAS ZONING BOARD OF ADJUSTMENT AGENDA JUNE 17, 2013 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM 5:00 P.M. 1. CALL TO ORDER 2. DISCUSS AND CONSIDER APPROVAL OF THE MINUTES FROM THE DECEMBER 12, 2012, 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 FRONT YARD SETBACK. THE GRANTING OF THE REQUESTED VARIANCE WILL ALLOW THE PROPOSED STRUCTURE TO ENCROACH BY TEN (10) FEET INTO THE REQUIRED FRONT YARD SETBACK FOR PROPERTY COMMONLY KNOWN AS 1825 TERRA BELLA, LOT 18, BLOCK 1 IN THE TERRA BELLA SUBDIVISION. 4. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by June 12, 2013, 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 12/10/12 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE ZONING BOARD OF ADJUSTMENT December 10, 2012 PRESENT: Chairman Carol Langdon, Board Members: Michael Barrett, Clif Cox, and Rick Rennhack. Member David Levitan arrived at 6:06 p.m. ABSENT: OTHERS PRESENT: Executive Administrative Assistant Trish Landers and Assistant to the Town Manager Amanda DeGan. 1. CALL TO ORDER The meeting was called to order at 6:00 p.m. 2. DISCUSS AND CONSIDER APPROVAL OF THE MINUTES FROM THE FEBRUARY 22, 2010, MEETING. MOTION: Member Rennhack made a motion to approve the minutes. Member Cox seconded the motion. The motion carried by a vote of 4-0. 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. ZBA Minutes 12/10/12 Page 2 of 2 Chairman Langdon introduced the item and opened the public hearing. Mr. Scott Simmons, Simmons Estates Homes, provided an overview of the variance request regarding the proposed new home site. Chairman Langdon closed the public hearing. 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. MOTION: Member Cox made a motion to approve the variance. Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Member Levitan abstained. 5. ADJOURNMENT There being no further business to come before the board, Chairman Langdon asked for a motion to adjourn. MOTION: Member Rennhack made a motion to adjourn. Member Cox seconded the motion. The motion carried by a vote of 5-0. Chairman Langdon adjourned the meeting at 6:09 p.m. Approved by the Zoning Board of Adjustment on June 17, 2013. _____________________________ ATTEST: Chairman ______________________________ 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 June 17, 2013 (V-2013-01). Date: June 7, 2013 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 front yard setback. The granting of the requested variance will allow the proposed structure to encroach by ten (10) feet into the required front yard setback. The remainder of the structure will comply with all required 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 Terra Bella subdivision was approved as a residential PD by Ordinance 521on July 9, 2007. The subdivision is subject to the Development Standards of the R-1 zoning district and the Site Plan attached to the ordinance shows 40 foot front yard setbacks for all residential lots. The applicant feels that the unique shape of the subject lot gives reasonable cause for the consideration of a variance and does not believe that the granting of the variance will adversely impact the surrounding properties. 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 Town Council 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. ����������T���� DWELLINGS � � � �� � � P� � � � � �� 0�' � � �/�' �� � / � x � �� � �-�� May 10, 2013 City of Westlake Mr. Eddie Edwards Planning and Zoning 3 Village Circle, Suite 202 Westlake, Texas 7b202 Re: Partial Front Building Lime Variance Request 1825 Terra Bella, Lot 18 -Block D Terra Bella Lot Owners: Dr. Todd Plott& Dr. Angie Bowers Dear Mr. Edwards: Paul Spain spoke to you on Thursday about our need to get ovariance. VVe are asking for a partial front building line variance from 4O' hu30' We worked hard to design and to fit an appropriate house for the subdivision but need some help. There are a few hardships for the variance request. 1.)The desire to save as many trees as possible by pulling the house forward. 2.\The irregular shape and terrain of the lot. 3.)The need to keep the house out of the 1OO' Flood Plain. There are some special considerations for this |nL One, because the curvilinear front of the lot laminates any line of site with any adjacent houses. Also, there io not o house directly across the street. | hope I've clearly illustrated our need for this variance. Please let me know if you have any questions or need additional information. I used the Terra Bella Development's Tree Preservation drawings for this submittal which had only general locations but no accurate size or type information. Due to the time frame for variance submittal we were not able to clear the under brush and have a complete tree survey done. They are clearing the under brush next week and then I can get the surveyors in to complete the tree survey. Sincerely, ThnynofIil|richa Owner Representative Distinctive Dwellings 21lBI. Smotblake]0lv&., Suite 802 - 8oathdake,TX 76092 Phone: 817-481-1249 ° Fax: 817-421-1136 Zoning Board of Adjustments Item # 4 – Adjournment Back up material has not been provided for this item.