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, December 16, 2020 – 5:30 p.m. Members Present: Scott Lowry-Chair, Richard McCormick-Secretary, Tom Harris, Blaine Lewis, Matt Janysek, and Steve Stewart. Staff Present: Michael Mann, Laura Talley, Jeff Carroll, Andrea Snouffer, and Antony Moy Visitors: Ben & Beth Adam, Tim McCloskey, Irvin Kloespur. Dora Blatchford, Bob Hattier, Nash Hardeman, and Dana Warren 1. CALL TO ORDER – 5:30 PM Meeting called to order at 5:31 p.m. 2. CONFLICT OF INTEREST DECLARATION There were none. 3. DESIGNATE VOTING MEMBERS Chair Lowry appointed Member Stewart to vote along with the four present regular members. 4. APPROVE MINUTES OF NOVEMBER 18, 2020 Member Harris moved to approve the minutes. Member Stewart seconded the motion. All were in favor. Minutes approved 5-0. City of Boerne Page 1 Printed on 12/4/2024 Zoning Board of Adjustment and Official Meeting Minutes December 16, 2020 Appeals 5. PUBLIC HEARINGS: Receive comments of Variance No. 20-09, Lot 7 & Pt. 2 & Pt. 9, Beversdorff, (111 James St.). Mike Mann, the staff representative to the board, started the meeting by reviewing the Board of Adjustment section of the Zoning Ordinance. He also explained that the board will be hearing its first ever variance request to the flood damage prevention ordinance. The requirements for the variance to the Flood Damage Prevention Ordinance is the same as the Zoning Ordinance. He also explained that the flood damage prevention ordinance is a new ordinance and City Council authorized the Board of Adjustments to hear variance requests to this ordinance. Laura Talley started the hearing explaining the property (111 James St.) is zoned B3 and is a true mixed use structure in the downtown area. She said the ordinance doesn't differentiate between commercial and residential for pools and accessory structures need to be five feet behind the rear building lines. They want the pool in the side yard setback. The adoption of the UDC won't be approved until March, but in the new UDC we will allow pools in side yard setbacks as long as they are behind the front building line and a distance from the side property line depending on lot size. She said she understands the property is under contract and the applicant doesn't want to wait till March adoption and there is no certainty that this section of the UDC will be approved or not. It is up to Council. Mr. Adam has about fifty feet from the side of the building to the property line and is where he wants to place the pool and there is no room behind the main structure. Ben Adam explained they own the property next door as well (115 James St.). He is a member of the Historic Landmark Commission since 2007 and is currently acting as the Chairman. He owns his own City of Boerne Page 2 Printed on 12/4/2024 Zoning Board of Adjustment and Official Meeting Minutes December 16, 2020 Appeals architecture firm. He said he asking to build a small pool in the only area where there is room. The proposed pool would be behind an existing six foot limestone block wall. The perception of the site from the curb will not change. There is no space behind the building for the accessory structure. It is zoned B3 commercial use. He was told the current commercial rules don't apply, but residential however do. He said he finds the word pool an the word swimming only once in the ordinance. He understands pools are defined as accessory structures. He explained the size of the main building in relation to the accessory structure. He feels it is an unnecessary hardship. He gave many examples of other properties on Main St. that have accessory structures either in the front or side of main buildings. Many commercial structures have pools in front or on the side and named a few hotels in town. This lot is small and a part lot. We have created a courtyard where we propose to put the pool. He understands staff is not supportive of his variance, but knows staff is supportive of the UDC. In the new UDC, the pool would be allowed. He also explained on Page 327 of the current UDC, they do not label swimming pools as accessory structures. Receive Comments on Variance No. 20-10, Lot 171 & 173 & Pt. 174, Schertz Addition, (320 Rosewood). Laura Talley started the hearing by explaining the property has a little over 3/4 of an acre and is located in the flood plain. The property has a 1940's house and she has talked to numerous people about the development of the site. Not many were interested due to it being in the floodplain. It is under contract and they propose to demolish the existing home and build a new larger home. The owner is asking for two variances. One tonight to the BOA and one to the P&Z commission. The variance you will hear tonight is a variance to the Flood Damage Prevention Ordinance to allow a house to be constructed in the floodplain. P&Z will consider a variance to the drainage way protection zone. City of Boerne Page 3 Printed on 12/4/2024 Zoning Board of Adjustment and Official Meeting Minutes December 16, 2020 Appeals Jeff Carroll, the Floodplain Administrator and Director of Development Services, explained this is the very first floodplain variance request. Jeff presented a slide show to offer a floodplain 101 or introduction to FEMA floodplains. He said there is a floodplain and a flood way. Flood way is the center of the channel, where the water is flowing rapidly. The floodplain fringe is the outside edges. These two make-up the floodplain. FEMA regulates the floodplain. City of Boerne follows the minimum floodplain rules, therefore our citizens are eligible for flood insurance. City of Boerne adopted these rules in the Flood Damage Prevention Ordinance. Member Janysek asked about the last FEMA update. Jeff Carroll said 2010 are the current maps we're using today. Member Janysek also asked if this accounts for any impervious cover for new construction. Jeff Carroll said no, FEMA maps are used for the existing condition at that time. With new development we ask for a drainage study with each. Jeff showed a map for 320 Rosewood with an outline of the floodplain. The entire property is covered. COB has adopted stricter rules than the FEMA minimum rules. Redevelopment of an existing structure is not allowed. Re-build on the inside of the existing house is allowed. Ordinance does not allow them to make the structure bigger. They have to prove that it won't impact the neighbors next to them. The floodways themselves; council strengthened in the ordinance. Trails, underground utilities and perpendicular roadway crossings are allowed. Tim McCloskey approached. The hardship is that they bought the house with the understanding that they could build on it. Member Janysek asked about flood insurance and if they would get it. Tim said yes they would. Member Janysek asked if he knew it was in the floodplain when they bought it. Tim said he knew about the drainage ditch but no one knew of it to flood on the right side of the property where we planned to build. Member Lewis asked about if he would have to follow the FEMA rules. Tim said yes. Tim showed a map where he researched where to build on the lot. Lowry asked what the year of the map is. Tim said it was about four years ago. City of Boerne Page 4 Printed on 12/4/2024 Zoning Board of Adjustment and Official Meeting Minutes December 16, 2020 Appeals Bob Hattier at 116 Stahl approached. He was one of the original builders. He was part of the re-build of this house where there was flood damage. He said the ordinance affects him as well. He has 1/2 acre at the back of his lot where he can't do anything. He believed if there is another bad flood again. He's not against or for the variance, but realizes he can't do anything with his property either. Water has come up to property on the right hand side. Dora Blatchford at 113 Turner approached. She said she has lived there for 40 years. In 1980 there was a huge flood in this area. After that no flooding until just recently. The construction north of her property and the crossing at Blanco, where things get caught, her whole lot was covered. If you had additional coverage, you will push more water to the side of the creek that she is on. She is opposed to a new structure unless the house is raised above the floodplain. She doesn't want any damage to her house. Dana Warren at 310 Rosewood adjacent to 320 Rosewood approached. She said they have flooding every time there is heavy rain. Rosewood gets shutdown. She said she feels bad for the McCloskey's but they want to sell it. The City owns it and maybe the City could purchase it. She has had her entire backyard under water and have used pool pumps to get it out. She disagrees with Tim's comment that there hasn't been any flooding. New maps can be requested by the variance requestor. 6. ITEMS FOR DISCUSSION/ACTION Variance No. 20-09: A request from Benedict & Beth Adam, 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 rear building line for Lot 7 & Pt. 2 & Pt. 9, Beversdorff, (111 James St.). City of Boerne Page 5 Printed on 12/4/2024 Zoning Board of Adjustment and Official Meeting Minutes December 16, 2020 Appeals Secretary McCormick doesn't see a hindrance. There is a wall and no one will see what's back there. Member Janysek said the land is unique causing the hardship. Member Stewart said he supports Secretary McCormick's comments. Member Harris said there are no setbacks violations. Mike Mann explained the variance request. Secretary McCormick moved to grant the variance. Member Stewart seconded. Variance approved 5-0. Variance No. 20-10: A request from Tim McCloskey, on behalf of Rosewood Enterprises, LLC, requesting a variance to the City of Boerne Flood Damage Prevention Ordinance, Article 3, Section 9-67, 2b, to allow a single family residential home to be built in the FEMA Floodplain for Lot 171 & 173 & Pt. 174, Schertz Addition, (320 Rosewood). Member Janysek said he does geo tech and environmental assessments. He's not sure if these type of assessments were done when the land was bought to understand the unseen issues that could happen. Secretary McCormick said with the new ordinance it will open up a flood of variance requests. He can't see adding any more impervious cover to this space. Member Stewart said we see it crossing Rosewood and closing of the street and it's not going to get better, it's going to get worse. Secretary McCormick moved to deny, Member Harris seconded. Variance denied 5-0. 7. ADJOURNMENT Meeting adjourned at 6:41 p.m. _______________________________ Chair City of Boerne Page 6 Printed on 12/4/2024 Zoning Board of Adjustment and Official Meeting Minutes December 16, 2020 Appeals _______________________________ Secretary City of Boerne Page 7 Printed on 12/4/2024