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, January 20, 2021 – 5:30 p.m. Members Present: Scott Lowry-Chair, Jim Terrian-Vice Chair, Richard McCormick-Secretary, Blaine Lewis, Jon Paul Bergman, Matt Janysek, and Steve Stewart. Staff Present: Michael Mann, Laura Haning, Andrea Snouffer, Barbara Quirk, and Barrett Squires Visitors: Jeff & Michaela Rouse and Zachary Taylor 1. CALL TO ORDER – 5:30 PM Meeting was called to order at 5:32 p.m. 2. CONFLICT OF INTEREST DECLARATION There were none. 3. DESIGNATE VOTING MEMBERS Chair Lowry appoints Member Bergman to vote with all regular members present. 4. APPROVE MINUTES OF DECEMBER 16, 2020. Secretary McCormick moved to approve the minutes. Member Lewis seconded. Minutes approved 5-0. 5. PUBLIC HEARINGS: Receive comments on Variance No. 21-01, Lot 13A, Esser City of Boerne Page 1 Printed on 4/22/2021 Zoning Board of Adjustment and Official Meeting Minutes January 20, 2021 Appeals Addition, (138 Sharon Dr.). Laura Talley, Planning & Zoning Director, approached and explained that the owners are requesting an accessory structure in the front yard setback. Table 5-2 of the residential lot and dimensions standards in the Zoning Ordinance requires accessory structures to be located 5' behind the rear building line. This means 5' behind the back of the house is where an accessory structure should be located. They have a carport that they would like to place in the front yard. It's a 1.8 acre lot. New UDC regulations will come into play in March and will allow one accessory structure in the front yard. There is a drain field behind their house. There is floodplain on the entire property. Vice Chair Terrian asked if a structure were attached to the house could it be placed in the front. Laura said yes, however there are still floodplain issues. Member Bergman asked if this was presented in June, would there be a need for a variance? Laura said they would not need a variance because they would not be increasing impervious cover since they would be placing it over the existing driveway. Jeff & Michaela Rouse, owners of the property approached and showed an enlarged display of the plat. He explained the ideal place for the carport is along the driveway under some trees. Septic drain field keeps us from going behind the house and the terrain starts to drop off drastically he explained. The carport location would be greater than 100' back from Sharon Dr., but it is in front of the house. 6. ITEMS FOR DISCUSSION/ACTION Variance No. 21-01: A request from Jeff & Michaela Rouse, 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 front yard rather than the required 5-feet behind the rear building line for Lot 13A, Esser Addition, (138 Sharon Dr.). City of Boerne Page 2 Printed on 4/22/2021 Zoning Board of Adjustment and Official Meeting Minutes January 20, 2021 Appeals Vice-Chair Terrian said from the illustration and trees he doesn't see why granting a variance would benefit the City and doesn't see a hardship. Secretary McCormick said it is set far enough back from the road. There are already cars parked there and this will allow coverage and the City's ordinance change will allow it. Vice-Chair Terrian said the flood area is in the back. He said they could attach it to the existing house. Laura said the floodplain encompasses the entire property. Septic drain field is in the back plus oak trees and a drainage easement in the back. There is a paved area in the front. They have paved impervious cover that is existing. With the new Unified Development Code (UDC) you are allowed one accessory structure in front of the main structure. Member Bergman asked if structure requirements will change. Mike Mann said they have to prove that there will be no diversion by the structure. Mike Mann confirmed with Laura that an open sided carport over existing impervious cover would be allowed. Member Janysek asked if the permitting is different for attaching the structure to the building. Laura said no variance would be needed. There would still be a floodplain issue she explained. Member Lewis confirmed that we are looking at this from a setback perspective not from a floodplain perspective. Secretary McCormick asked if the floor of carport is non-concrete or gravel. Laura explained that they would need to prove that up with a development permit. This is a separate permit needed for building in the floodplain. Vice-Chair Terrian said if the carport is made of impervious material and the driveway leading up to the carport is made of impervious material, you could drive over the septic drain field. You could build behind the house and you wouldn't need a variance. If the drain field can still leach upward and outward then it is okay. Jeff Rouse approached and showed the board where the septic lies on the property. He explained it's very spongy when it is wet and can't drive on it. Member Janysek explained he has worked with septic fields before and you can't drive anywhere around it. Secretary McCormick moved to approve the variance subject to City of Boerne Page 3 Printed on 4/22/2021 Zoning Board of Adjustment and Official Meeting Minutes January 20, 2021 Appeals acquiring the needed permits, Member Bergman seconded. Variance passed 4-1. Vice-Chair Terrian not in favor. 7. ADJOURNMENT Meet adjourned at 5:55 p.m. _______________________________ Chair _______________________________ Secretary City of Boerne Page 4 Printed on 4/22/2021