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, May 19, 2021– 5:30 p.m. Members Present: Scott Lowry-Chair, Jim Terrian-Vice Chair, Richard McCormick-Secretary, Blaine Lewis, Jon Paul Bergman, and Steve Stewart. Staff Present: Barbara Quirk, Laura Haning, Michael Mann, Andrea Snouffer, and Veronika Vasquez. Visitors: Rodney Baird 1. CALL TO ORDER – 5:30 PM Meeting was called to order at 5:32 p.m. 2. RECEIVE BOARD TRAINING FROM CITY ATTORNEY BARBARA QUIRK Barbara provided a slide show presentation. She reviewed what the roles and powers of the board are and the laws that govern. She also explained ethics responsibilities and conditions for a variance as well as defined special conditions and unnecessary hardships. Barbara also reviewed the appeal process and court action. 3. CONFLICT OF INTEREST DECLARATION There were none. 4. DESIGNATE VOTING MEMBERS Chair Lowry designated Alternate Member Stewart to vote with all regular members present. 5. APPROVE MINUTES OF APRIL 21, 2021 City of Boerne Page 1 Printed on 6/21/2021 Zoning Board of Adjustment and Official Meeting Minutes May 19, 2021 Appeals Vice Chair Terrian motioned to approve the minutes. Member Lewis seconded. Passed 5-0. 6. PUBLIC HEARING - 6:30 PM Receive comments on Variance No. 21-05, Block 3, Lot 5, Oak Park Addition, (121 2nd St.). Laura Haning, Planning & Director, approached. She explained that this is a low density lot and accessory structures for this type of lot have setbacks of 5-feet behind the rear building line, 10-feet from the side, and 5-feet from the rear property line. The accessory structure carport does encroach into the side setback and into the rear building line behind the house. In the new UDC, they would not need any variances. The setbacks are different and there are no lot categories just zoning. There is also one and a half times the front building setback for accessory structures in the new UDC. Vice Chair Terrian asked if a carport is attached to the main house, is it considered an auxiliary building or an addition. Laura said it is still an accessory structure, unless it were enclosed and conditioned with heat and air. It would still have 10-foot setbacks. In this case, it is a breezeway and is considered an accessory structure. Vice Chair Terrian also asked if these properties were allowed only one accessory building. Laura said no, they are only allowed one accessory dwelling. Multiple accessory structures are allowed, but only one accessory dwelling. Rodney Baird, the owner, approached. He explained the width of his lot at 69-feet. He was told by Zoning that he has a standard size lot with a 5-foot setback. He said his neighbors all have the 5-foot setbacks. The reason he needs the accessory structure in front of the 5-foot behind the main building line rule is because he has a heritage oak tree that would need to be taken out. He said he doesn't want to take out the 32-inch diameter live oak tree. He understands the new UDC will allow the structure, but it is not in effect now. He said his structure will be 70-feet behind the front property line. It is a open carport with a storage room on the back side of it by the tree. City of Boerne Page 2 Printed on 6/21/2021 Zoning Board of Adjustment and Official Meeting Minutes May 19, 2021 Appeals Member Bergman asked about the new upcoming ordinance. Rodney confirmed with the new UDC, that he wouldn't need the variance. Laura confirmed that this is correct. Member Bergman asked about the other heritage trees. Rodney said there is an accessory structure there, an old garage, that he wants to move out. He wants to keep all the oak trees he can. He said he also put in underground irrigation for the trees. 7. ITEMS FOR DISCUSSION/ACTION Consider Variance No. 21-05: A request from Rodney Baird, 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 Block 3, Lot 5, Oak Park Addition, (121 2nd St.). Vice Chair Terrian said he went by to see where the structure would be built. It is detached, but attached with the roof and is considered a carport rather than a living space. The house and tree is existing. There are no issues with the neighbors. Secretary McCormick asked if it is a unique circumstance that the ordinance will change soon. Laura said you can only act on the current ordinance. Laura said we are on track for July 28th when the new UDC will hopefully become effective. Mike Mann, administrative officer to the board, said future potential ordinance changes are not under consideration. Secretary McCormick asked about the rules on heritage trees and taking them out. Laura said based on the lot size, they can take out this heritage tree. Under the new UDC, this will change and they won't be able to take out this tree without a penalty. Secretary McCormick asked if neighbors are zoned differently. Laura said no, this neighborhood is all the same zoning. More than likely, the setbacks were different in the past, or may not have had any setback rules. Ordinances do change over time. Secretary McCormick asked the other board members what is the spirit of the ordinance. Steve said he likes sustaining the neighborhood with the same ideals it was intended for, but he is City of Boerne Page 3 Printed on 6/21/2021 Zoning Board of Adjustment and Official Meeting Minutes May 19, 2021 Appeals having trouble with the hardship issue. Vice Chair Terrian said he considers the 32-inch tree a heritage oak. Having a carport is not foreign to this style home or its era. In the spirit of it, it feels normal and right. Member Lewis asked if the existing structure is within the 5-foot setback. Rodney said it is not and it was built back in the sixties. Vice Chair Terrian motioned to approve the carport within 8-feet of the back wall of the main existing structure and not allow it to go any further than that. Member Stewart seconded. Variance Passed 5-0. 8. ADJOURNMENT Meeting was adjourned at 7:07 p.m. _______________________________ Chair _______________________________ Secretary City of Boerne Page 4 Printed on 6/21/2021