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, November 18, 2020 – 5:30 p.m. Members present: Scott Lowry-Chair, Jim Terrian-Vice Chair, Richard McCormick-Secretary, Tom Harris, Blaine Lewis, Jon Paul Bergman, Matt Janysek, and Steve Stewart Staff Present: Laura Talley, Michael Mann, Barbara Quirk, Andrea Snouffer, and Barrett Squires Visitors: Margaret Lamar, Ben Smith, Ricardo and Melody Palacios 1. CALL TO ORDER – 5:30 PM Called to order at 5:34 p.m. 2. CONFLICT OF INTEREST DECLARATION There were none. 3. DESIGNATE VOTING MEMBERS All five regular members present will vote. 4. APPROVE MINUTES OF OCTOBER 21, 2020 Member Harris motioned to approve, Secretary McCormick seconded. Minutes approved 5-0. 5. PUBLIC HEARINGS: Receive comments on Variance No. 20-07, Lot 4, Lake Country, Unit VII (157 Lake Front Dr.) City of Boerne Page 1 Printed on 1/15/2021 Zoning Board of Adjustment and Official Meeting Minutes November 18, 2020 Appeals Mr. Palacios approached and explained that this is their dream home and bought this property in July of 2020. Property is 3.2 acres. Part of the property in under Boerne Lake. There's a drop of 40' in elevation. He is requesting a three foot setback to have space for a driveway. The shed is 8 x 12. He has spoken with this neighbors. There's an alternate location, but it is one level down. To get to the alternate location it is very steep. He explained he is older and could fall. The existing shed was there when they bought the property. He would like to build a larger shed with a concrete base. Mr. Palacios showed a 3D scan of his property. He explained the steepness of the property. The challenge for them, he explained, is getting to the shed with the steep slope. He explained the size of the new shed in relation to the old. He next showed a fly over scan of the property explaining it is like a bird's eye view. Laura Talley, Planning & Zoning Director, approached and explained it is plus or minus three acres and they have an acre and half of buildable area. It's not impossible to build a shed in a different area. The ordinance requires a setback of 5' behind the main building, 10' on the side and 10' from the rear. Member Lewis asked if he can leave the existing shed where it is. Laura said yes. Mr. Palacios explained a wet weather creek that was flowing on his property at the lower level and showed this on the survey. Member Bergman asked about the area that is on the lower level would that be his second choice for placement of the shed. Mr. Palacios said yes, but we hesitated due to the wet weather creek and the visibility from the Combs property. He then showed the Combs property overhead. Secretary McCormick asked about the existing location. The distance now between the gate and the shed is needed for vehicles to get in. Secretary McCormick further confirmed that if the shed was moved ten feet from the side property line that it would block the ability for emergency vehicles to enter and travel down to the lake. Mr. Palacios confirmed that was true. Vice Chair Terrian City of Boerne Page 2 Printed on 1/15/2021 Zoning Board of Adjustment and Official Meeting Minutes November 18, 2020 Appeals asked if the new shed would be double the size. Mr. Palacios said two of those buildings together would amount to the new shed. Vice ChairTerrian asked about putting the shed where the boat is now and re orient the shed and stay within the required setbacks. Mrs. Palacios said at the boat location is where the decline starts. Mrs. Palacios approached and said they'll have to build up the right hand side and it won't be ten feet from the side. Mr. Palacios showed how the new building will be in relation to the cedars trees between him and his neighbor. Receive comments on Variance No. 20-08, Lot Pt 1, Cibolo Nature Center & Farm (33 Herff Rd.). Laura Talley explained the ordinance allows for only four foot tall fences in the front yard setback. Staff's interpretation is the front yard starts at the front building line. There are structures behind the fence in this case. Laura said we consider this a daycare and there are no other daycares or schools that have six feet fences in front of the structures. She said they could put a 6' fence that begins at their first building and to the sides there, but not along the front. Ben Smith approached and explained he is a volunteer at the nature center and owner/ rep of the new school. He explained Braden Haley, the architect, is participating via Zoom and Margaret Lamar, director of the school, is present as well. Braden Haley said they are requesting a variance to build a 6' fence in front of the new nature center school campus. Braden said the project was submitted to the City of Boerne for permitting/building review and to comply with the Herff overlay district. We sent several emails regarding the stone wall to City Staff and did not receive a lot of feed back and continued with the design of the stone wall. The frontage is approximately 1300' long and the area of the fence is 260' long. He explained the design and materials of the wall. He said the height restrictions in the ordinance is confusing because in the overlay district requirements there are requirements for a high masonry wall. He feels that this wall does not City of Boerne Page 3 Printed on 1/15/2021 Zoning Board of Adjustment and Official Meeting Minutes November 18, 2020 Appeals distract from the character of Herff Rd. Margaret Lamar, the Executive Director of the Cibolo Nature Center and Farm, approached and explained that they are passionate about the look and feel in Boerne. This school is a hidden gem right now. It's tucked away, but becoming known for its curriculum. She said it is a 3.5 million dollar campus and has about 125 kids per day. We're building this campus on Herff Farm. The kids are outside 50-75% of the day. There are 3-6 year olds attending this school. The school is so close to Herff Rd. We contributed part of our land to the City in order to allow widening of Herff Rd. as well as a sidewalk. It is important to have this buffer between the children and increasing traffic. She said they want to make a case on the health, safety and welfare of the kids as well as the learning aspects. Herff Rd. is 35' from where these children will be playing. This is not a child care center although it is deemed a child care center. It is more of a school. We are concerned with 5 or 6 year olds climbing the fence. This is not the front of the school, the school's entrance is on the inside of the property. The increased road traffic will increase along with foot traffic. A 4' fence there is a potential for child predators to stand on the sidewalk and look at the children all day. She said they want the kids to be safe and learn. Researchers will also be working with kids. When there is road noise, it decreases their ability to focus. Our licensing agency requires them to have auditory awareness. Children will be right up against the fence. We have also designed a 6' fence around the entire school to keep the deer out and from eating the kids' work. Cibolo Nature Center & Farm cares about the aesthetics along Herff Rd. Member Janysek asked if it was a right in and right out egress going into this property. Braden said yes. Member Janysek asked if there are any visual issues getting out onto Herff Rd. Member Harris asked is there was a total of 6 buildings. Margaret confirmed there is. Member Harris said the only building impacted is the one closest to the fence. Margaret explained yes that is correct, but the children are outside 50-75% of the time. Secretary McCormick asked what the fence tapers to. Braden said there is a berm and the wall gently slopes and tapers down into the berm. City of Boerne Page 4 Printed on 1/15/2021 Zoning Board of Adjustment and Official Meeting Minutes November 18, 2020 Appeals Secretary McCormick asked about the existing wire fence. Margaret said yes it is a 4' wire fence and on top of the berm. Ben said all the buildings will have a 6' fence, only a small portion will be facing Herff Rd. The remainder of the fence will remain a 4' wire fence. Secretary McCormick asked if the gate will remain closed. Ben said yes and there will be a code to get in. Margaret said 265' of the 1200 ' of the frontage will be the fence. She said it is really the backside of the school, however it fronts Herff. Member Lewis asked Laura to explain the difference between the 4' and 6' fencing between residential and commercial. Laura said the fronts of the residential face Herff Rd., so the fence requirement of 6' is to screen backyards from Herff Rd. We don't allow it for commercial, however, because we want to showcase the commercial on Herff Rd. Commercial properties are restricted to 4' fence for the Herff overlay district. Vice Chair Terrian confirmed with Laura that the 6' fence can be built behind the structure. Laura said where the first building starts is where they could have a 6' fence. Terrian asked Laura to confirm again the Herff Rd overlay where commercial is required to have a 4' fence and residential is required to have a 6'. Laura said the point of that is to show off the commercial businesses. 6. ITEMS FOR DISCUSSION/ACTION Variance No. 20-07: A request from Ricardo & Melody Palacios, requesting a variance to the City of Boerne Zoning Ordinance Article 5, Table 5-2, to allow for a detached accessory side setback of 3-feet rather than the required 10-foot side setback for Lot 4, Lake Country, Unit VII (157 Lake Front Dr.). Vice Chair Terrian said we see a lot of these sheds come before the board. He said he tried to figure out a hardship, but he feels you can get a building in there and abide by the 10' setback. Secretary McCormick moved to approve the variance, no one seconded. Because of a lack of a motion, it is not approved. City of Boerne Page 5 Printed on 1/15/2021 Zoning Board of Adjustment and Official Meeting Minutes November 18, 2020 Appeals Variance No. 20-08: A request from Braden Haley, on behalf of Friends of Cibolo Wilderness, requesting a variance to the City of Boerne Zoning Ordinance Article 3, Section 5.002, to allow for a fence height of 6-feet rather than the required 4-foot fence height for Lot Pt 1, Cibolo Nature Center & Farm (33 Herff Rd.). Member Janysek says he understands what they're trying to do. He sees the need for the safety issue because of the busy road and sees the need to shield for the noise. A negative could be a site line when exiting the property. Vice Chair Terrian said the aesthetic value of it is nice, but the site line and traffic concern him. The area to the Southwest and near entry gate and parking lot may not be a good play area. Member Bergman said the wall does go down when you look to the left or right it does diminish from the view. Member Bergman asked what the entrance is used for. Margaret said the gate will be for drop off and pick up for the children. Ben said we have provisions for a knox box and designated emergency vehicles. Ben doesn't feel the line of sight is an issue. Margaret said we would be happy to modify the design. Member Janysek said maybe this is something we could table if they go back and modify the entrance. Laura said at an angle 25' back to have clear vision for exiting the sight. Member Bergmann said if it is a backyard would it be appropriate. Laura said back or front they need clear vision. Mike Mann said the vision is a separate part of the ordinance. Member Harris asked about consideration to a unique circumstance. Member Bergman said we don't know what will happen when the next resident comes along. He said he feels this is a unique situation. He said a good reason to have a 6' fence is to protect the children. It's going to remain a daycare/school. Member Lewis moved to approve the variance, Secretary McCormick seconded. Member Harris opposed this motion. Motion passed 4-1. 7. ADJOURNMENT City of Boerne Page 6 Printed on 1/15/2021 Zoning Board of Adjustment and Official Meeting Minutes November 18, 2020 Appeals Meeting was adjourned at 7 p.m. _______________________________ Chair _______________________________ Secretary City of Boerne Page 7 Printed on 1/15/2021