Zoning Board of Adjustment and Appeals

MINUTES ZONING BOARD OF ADJUSTMENT AND APPEALS MEETING CITY COUNCIL CHAMBERS 447 N. Main St. Boerne, TX 78006 Wednesday, July 15, 2020 – 5:30 p.m. Members Present: Chair-Scott Lowry, Vice-Chair-Jim Terrian, Secretary-Richard McCormick, Regular Member-Tom Harris, Regular Member-Blaine Lewis, Alternate Member-Jon Paul Bergman, Alternate Member-Matt Janysek, and Alternate Member Steve Stewart Staff Members Present: Michael Mann, Laura Talley, and Andrea Snouffer Visitors: Jeff & Wendy Thompson 1. CALL TO ORDER – 5:30 PM Meeting was called to order at 5:35 p.m. 2. ADMINISTER OATH OF OFFICE FOR NEW BOARD MEMBERS BLAINE LEWIS AND STEVE STEWART. 3. APPROVE MINUTES OF JANUARY 15, 2020 MEETING Member Terrian moved to approve the minutes. Secretary McCormick seconded. All were in favor to approve the minutes. 4. CONFLICT OF INTEREST DECLARATION There were none. 5. DESIGNATE VOTING MEMBERS City of Boerne Page 1 Printed on 10/22/2020 Zoning Board of Adjustment and Official Meeting Minutes July 15, 2020 Appeals Chair Lowry designated all five regular board members present to vote. 6. PUBLIC HEARINGS: {Receive comments on Variance No. 20-02, Lot 4, Rosewood Garden Estates (232 Ivy Lane). Laura Talley explained the subdivision regulation changes to include changes in the flood plain regulations. The requirement now is that you can't build a structure in the flood plain. This rule was adopted in November of 2019. The Thompson's have had plans to build a pool for sometime, but because Mr. Thompson works for the City and was aware of the ordinance changes, he wanted to wait to see how the changes would play out. They are very restrictive ordinances, she explained. We are trying to fine tune these ordinances. Laura referred to the overhead drawing and said the blue line on the drawing is the flood plain that crosses his property. He had existing structures that were approved in the past, but now he can't build a pool there. Accessory structures per the Zoning Ordinance must be five feet behind the building line. A pool is considered an accessory structure. Mr. Thompson is left with a small area on the side of his house where there is room to build a pool and still meet the side setback requirement. In the Staff Variance Committee, it was discussed that we are looking at ordinance revisions. Secretary McCormick asked about the side setback. Laura said it is five feet for this lot. Vice Chair Terrian asked if they were in the floodplain before when they built the house. Laura said yes, but it was permitted at that time. Member Bergman asked about sufficient room between fence and pool. Laura said there is plenty of room on the side of his house. Vice Chair Terrian asked about the distance between the neighbor next door. Secretary to the Board Andrea Snouffer explained that the neighbor was in favor of the variance. Laura said she will check on the distance. City of Boerne Page 2 Printed on 10/22/2020 Zoning Board of Adjustment and Official Meeting Minutes July 15, 2020 Appeals Jeff Thompson explained that this is the last viable spot for a small pool. He said he bought the house in 2007 with the existing structures, and knew when he bought it that it was in the floodplain. He said he felt the best relief was to ask for a variance to the setback, rather than asking to put the pool in the flood plain, where a major focus of City Council & Planning & Zoning is to not allow any type of development in the floodplain. Jeff also said they thought about putting the pool on the other side where there are two good sized pecan trees, but also still in the floodplain and didn't we didn't want to lose those trees. He said they spoke with all neighbors across the street and to the North and South. He said neighbor to the North had the most concern and did not want them to take the wall down. He said they will not take down the wall. He told the neighbor that she will not be able to see the pool, only possibly hear grandkids splashing in the pool. He said the neighbor to the South has no reservations. In total, he spoke to four property owners. Vice Chair Terrian asked about the site plan and wanted more detail about the wall. Jeff explained the wall outlines the outer perimeter of the property. And, there is another wall, an inner wall, that will need to be taken down to get to the pecan tree to get to build the pool. Vice Chair Terrian asked if he'll put the wall back. Jeff said they will replace it with something that still offers privacy, but that will have a gate for access and said you won't see the pool from any direction. Secretary McCormick asked if they would rather build over the flood plain. Jeff said that's where we wanted to start, but as the rules got more restrictive, but what's existing is grandfathered. He feels this is a good spot and happy with the location. Vice Chair Terrian asked where pool equipment will go. Jeff explained moving the HVAC to the other side of the wall and will be enclosed and will not be seen from the street. 7. ITEMS FOR DISCUSSION/ACTION Consider Variance No. 20-02: A request from Jeff & Wendy Thompson, requesting a variance to the City of Boerne Zoning Ordinance Article 5, Table 5-2, to allow a detached accessory structure to be placed in the side yard that is not 5-feet behind the City of Boerne Page 3 Printed on 10/22/2020 Zoning Board of Adjustment and Official Meeting Minutes July 15, 2020 Appeals rear building line for Lot 4, Rosewood Garden Estates (232 Ivy Lane). Vice-Chair Terrian said we are looking for a hardship and the movement of the flood plain is a hardship caused by the property. Their options are limited and feels the pool is still behind the house. He feels this is a viable option and a true hardship. Chair Lowry concurs with Vice-Chair Terrian, the flood plain causes this hardship, it changes your property. Secretary McCormick asked about the change to flood plain. Mike Mann explained the changes to the ordinance is what eliminates the development in the floodplain. Secretary McCormick said the new rule caused the hardship. Member Harris asked if it would start a precedence. Mike Mann explained that each request is unique and there is no precedence. Member Lewis asked about the setback from the property line to structure. Laura said it is five feet and they meet this criteria. Vice-Chair Terrian explained that the concrete sidewalk around the pool is considered flatwork, but the wall of the pool is considered the side of the structure. Member Janysek said by moving the HVAC they are doing their part and allowing access for emergency personnel and concurs with the hardship. Member Bergman said after eight years of being on this board, we hardly ever see a hardship. Secretary McCormick moved to approve the variance, Member Harris seconded. All five regular members were in favor. Variance was approved. 8. ADJOURNMENT Meeting was adjourned 6:06 p.m. _______________________________ Chair _______________________________ Secretary City of Boerne Page 4 Printed on 10/22/2020 Zoning Board of Adjustment and Official Meeting Minutes July 15, 2020 Appeals City of Boerne Page 5 Printed on 10/22/2020