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HomeMy WebLinkAbout09-16-13 ZBA Agenda PacketPage 1 of 2 TOWN OF WESTLAKE, TEXAS ZONING BOARD OF ADJUSTMENT AGENDA SEPTEMBER 16, 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 JUNE 17, 2013, MEETING. 3. CONDUCT A PUBLIC HEARING REGARDING AN APPLICATION FOR A VARIANCE TO THE SETBACK REQUIREMENTS FOR LOT 1, BLOCK 2 IN THE TERRA BELLA SUBDIVISION, BEING THE PROPERTY COMMONLY KNOWN AS 1315 CASA BELLA COURT. 4. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by September 11, 2013, 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. ZBA Minutes 06/17/13 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE ZONING BOARD OF ADJUSTMENT June 17, 2013 PRESENT: Chairman Carol Langdon, Board Members: Rick Rennhack, Wayne Stoltenberg and Laura Wheat. ABSENT: Michael Barrett and Clif Cox. OTHERS PRESENT: Town Manager Tom Brymer, Assistant to the Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Planning and Development Director Eddie Edwards, Fire Chief Richard Whitten, Director of Public Works Jarrod Greenwood, and Management Analyst Alora Wachholz. 1. CALL TO ORDER Chairman Langdon called to order at 5:18 p.m. 2. DISCUSS AND CONSIDER APPROVAL OF THE MINUTES FROM THE DECEMBER 12, 2012, MEETING. MOTION: Member Rennhack made a motion to approve the minutes. Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. ZBA Minutes 06/17/13 Page 2 of 2 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. Planning and Development Director Eddie Edwards provided an overview of the request. Chairman Langdon introduced the item and opened the public hearing. Mrs. Angela Bowers, applicant, spoke in favor of the variance which would allow for additional family activities. Chairman Langdon closed the public hearing. MOTION: Member Rennhack made a motion to approve the request based on the meeting the criteria outline for a variance. Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. 4. ADJOURNMENT There being no further business to come before the board, Chairman Langdon asked for a motion to adjourn. MOTION: Member Stoltenberg made a motion to adjourn. Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Chairman Langdon adjourned the meeting at 5:25 p.m. Approved by the Zoning Board of Adjustment on September 16, 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 September 16, 2013 (V-2013-02). Date: September 10, 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 approximately fifteen (15) feet into the required 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 setbacks for the street sides of all residential lots. The applicant desires to front their house on Casa Bella and have the Terra Bella side of the lot treated as a side yard rather than a front yard. The setbacks for this zoning district are 40 foot front and rear with 20 foot side yards. Both street sides of corner lots are platted with 40 foot setbacks to keep the houses in line with houses built on adjacent properties. In this particular case the property adjacent to this lot is an open space lot that cannot be built upon. The applicant feels that the unique location and 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. Zoning Board of Adjustments Item # 4 – Adjournment Back up material has not been provided for this item.