Zoning Board of Adjustment and Appeals

MINUTES ZONING BOARD OF ADJUSTMENT AND APPEALS MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 N. Main St. Boerne, TX 78006 Wednesday, November 17, 2021 – 5:30 p.m. Members Present: Jon Paul Bergman - Chair, Matt Janysek - Vice Chair, Richard McCormick - Secretary, Daniel Wood - Regular Member, Steve Stewart- Alternate Member, and Justin McKenzie - Alternate Member. Staff Present: Barbara Quirk, Michael Mann, Laura Haning, Andrea Snouffer, Ryan Bass, and Veronika Vasquez. Visitors: Charlie & Libby Lunsford, and Robert Thornton. 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 Bergman designated Alternate Member Stewart to vote with all present regular members. 4. APPROVE MINUTES OF JUNE 16, 2021 Vice Chair Janysek motioned to approve the minutes. Member Stewart seconded. All were in favor. City of Boerne Page 1 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes November 17, 2021 Appeals 5. PUBLIC HEARINGS: Receive comments on Variance No. 21-10, Lot 6, Block 3, Oak Park Addition, (129 Second St.). Planning & Zoning Director, Laura Haning, explained that the owners want to construct a garage. The Unified Development Code (UDC) Table for Residential Zoning and Dimensional Standards requires twenty-five foot setbacks for garages. There is a very large tree where they would like to place this garage so they want to bring the garage forward to avoid this tree. They meet the side setback of five feet. Ryan Bass, Environmental Planner for Planning & Zoning Dept., explained it is a large heritage tree, a live oak and explained the diameter of fifty-two and half inches. He said the minimum diameter for these types of tress are twenty-four inches in diameter. The footprint of the garage would be in the root protection zone. From a tree preservation standpoint, this tree already has had activity that has occurred in its root protection zone, so the garage would be an additional disturbance. He said it would be beneficial to the tree to stay away from the tree. Barbara Quirk, City Attorney, explained to the Board new laws for determining a hardship. Member McKenzie asked about heritage oaks and if there is any guidance in the UDC for preserving these trees. Director Haning said that one of the goals of the city is to preserve as many trees as possible. Ryan Bass said the classification of trees was redefined in the UDC to encourage development projects to maintain as many trees on site as possible. He said the standard tree classification is eight to twelve inches in diameter, legacy trees are twelve to twenty-four inches in diameter, and heritage trees are greater than twenty-four inches in diameter. A root protection zone is the area City of Boerne Page 2 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes November 17, 2021 Appeals around the tree where we want to limit construction activity. This tree is old, but is in good condition. There are two ways to define a root protection zone, there is the drip line method (perimeter of the tree canopy) and trunk diameter method (one-foot radius per inch of diameter of tree). This would calculate to a fifty-three foot root protection zone around this tree. Chair Bergman asked about the UDC and the conditions of cutting down the tree. Would the owners be allowed to cut down the tree? Would they be required to plant any new trees? Ryan said the tree could be removed, but not without mitigation. This site would not accommodate the plantings of new trees that would be needed to offset the cost of cutting down this tree per the UDC. So, the other option would be a fee of two-hundred dollars per inch of circumference. This would total to be around thirty-three thousand dolalrs. Member McCormick asked about a driveway back to the old building would it encroach on the tree. Ryan said there has already been a driveway there so soil is already compacted, but a permeable driveway could be utilized. Ryan said you just don't want to excavate or cut into the roots of this tree or pour a concrete driveway. Property owners Libby and Charlie Lunsford approached. Charlie said they have several heritage oak trees on the property. They feel this is the best site for the garage to prevent anymore impervious cover. He said they have already removed a significant amount of concrete and asphalt that was around the root system of the tree. He explained they want to park in the garage and not on the street. They want to use existing curb cut and driveway approach. It will be a standard two car garage. Chair Bergman asked about other locations on the property to place the garage. Charlie said the only other location is on the northeast corner. A new driveway would be needed through more existing heritage oaks and would add more impervious cover. Chair Bergman asked will there be utilities to the garage? Charlie said, yes. Laura said there is room for another driveway on the Second St. side. There is enough room for the driveway, but they have more trees. It is twenty-five foot setback no matter which side they choose. Chair City of Boerne Page 3 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes November 17, 2021 Appeals Bergman said there is a risk to root zone of many trees on the site. He asked about the corner of the property at Roosevelt and Second St. and if there would be sufficient room to place the garage there. Laura said that they have a twenty-five foot front setback and a twenty-five foot setback on either side There is also a separation distance requirement from the driveway to the street intersection at Roosevelt & Second St. Secretary McCormick asked about if the garage were attached to the house? Laura said they still have a twenty-five foot setback for front facing garages and for a side entry garage it would be a twenty foot front setback. This will still encroach she said. Laura said a forty-five foot separation is required from one driveway to the next, centerline to centerline. Side entry garage can be twety feet from the property line. The neighbor at 308 Roosevelt was in favor. Member Janysek asked about the old building in the back. Charlie said it is an old shed and the previous owner parked a car back there under the tree on the asphalt. Receive comments on Variance 21-11, Lot 18, Block B, Durango Reserve Ph 1, (102 Creede St.) (THIS REQUEST WAS WITHDRAWN BY THE APPLICANT AND WILL NOT BE CONSIDERED) 6. ITEMS FOR DISCUSSION/ACTION Consider Variance No. 21-10: A request from Charlie & Libby Lunsford, requesting a variance to the City of Boerne UDC, Chapter 3, Section 3.5, to allow a detached accessory structure to have a side yard setback of 10-feet rather than the required 25-foot setback, for Lot 6, Block 3, Oak Park Addition, (129 Second St.). Vice Chair Janysek said he sees some hardships. Secretary McCormick said he can see a driveway on the 2nd street side, but it would have to curve in to the garage. There is a hardship no matter City of Boerne Page 4 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes November 17, 2021 Appeals where they put it on the lot. Member Wood agrees with Secretary McCormick and said the owners have done their due diligence and they have a hardship. Member McKenzie said they considered all options and have given us an option that fits. In the spirit of the UDC, it protects a heritage oak and it is important that they get off of the street in regards to parking improving safety in the neighborhood. Secretary McCormick asked about parking in the driveway and not in the garage. Will neighbor have difficulty seeing when backing out? Board members looked at the drawing and Google map once more. Member Stewart said all driveways are the same in the neighborhood and doesn't believe it is an issue. Member Stewart motioned to approve. Member Wood seconded. Variance passed 5-0. 7. ADJOURNMENT Meeting was adjourned at 6:12 p.m. _______________________________ Chair _______________________________ Secretary City of Boerne Page 5 Printed on 4/18/2023