Zoning Board of Adjustment and Appeals

MINUTES ZONING BOARD OF ADJUSTMENT AND APPEALS MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 Wednesday, April 20, 2022 – 5:30 p.m. Board Members Present: Jon Paul Bergman - Chair, Matt Janysek- Vice Chair, Daniel Wood, Steve Stewart, & Justin McKenzie Staff Members Present: Michael Mann, Laura Talley, Andrea Snouffer, & Ryan Lewis Visitors Present: Jeff & Jessica Joseph, Stacy Korczynski, Gary & Cindy Norgan, Pam Schell, and Joel & Lisa Luper 1. CALL TO ORDER – 5:30 PM Meeting was called to order at 5:31 p.m. 2. CONFLICT OF INTEREST DECLARATION There were none. 3. DESIGNATE VOTING MEMBERS All members in attendance voted. 4. APPROVE MINUTES OF NOVEMBER 17, 2021 Member Wood motioned to approve the minutes. Member Stewart seconded this motion. Minutes passed 5-0. 5. PUBLIC HEARINGS: Receive comments on Variance No. 22-01, Lot 24, Harnisch & Baer, (520 E. Theissen St.). City of Boerne Page 1 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes April 20, 2022 Appeals Laura Haning, Planning and Zoning Director, explained that carports need to be opened on all sides and can't be more than ten-feet in front of the front building line. This one has already been constructed. Jeff Joseph, owner of the property, explained that the carport is angled. He explained that he didn't mention acquiring a permit with contractors. Because of the setbacks on the side of house, there isn't enough space for a driveway and carport. In addition, there are underground utilities and trees that he didn't want to remove. He said he wasn't aware of any permitting. He said they're asking for a variance so they can keep it. Chair Bergman asked if concrete was poured for the carport. Jeff said, no, it was there prior. The carport was built back in October and they decided to put up a carport for protection from hail. Chair Bergman asked why on the location of the carport. Jeff said they didn't want to block the house. It has a deck there. Past tenants were already parking there. He said he thought about placing it in the back but there wasn't enough space on either side. It's not big enough for a driveway. If there was, it would be very narrow and someone may hit the house. He said they ended up placing the carport where tenants tended to park their cars. They also didn't want to take down the trees and the carport is in between the two trees. Chair Bergman asked about the other side of the yard. Jeff said there are utilities on that side and they have had the driveway collapse in the past. There was a sinkhole. They also didn't want the view from the house to be a carport. Laura said they have five-foot side setbacks. You typically need nine-feet for driveway clearance. Jeff said it is thirteen-feet from the house. Laura said the farthest corner is measured. Member McKenzie asked if they meet the front setback. Laura said, yes. Jeff mentioned that the carport is angled for ease of getting in and out of the driveway. Member Wood asked if he hired a local contractor. Jeff said, yes that he did. Laura said she understands why they placed the carport in the location that they did. Chair Bergman asked about City of Boerne Page 2 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes April 20, 2022 Appeals placing the carport in different positions closer to the front of the house. Laura said as long as they meet the ten-feet distance criteria they could place it anywhere in front of the house. Chair Bergman asked if they would've placed on the right hand side would they be in compliance. Laura said they would've met the criteria of the ordinance, but I understand they have utilities there. Jeff mentioned for curb appeal, the carport looks better on this side. Member Stewart asked about the clearance on the left side of the house. Laura said it looks as if they have five-feet on each side. Laura said there is room in the back for the carport and you can put a driveway along the property line, but it would be narrow and difficult trying to get around the house. Member McKenzie asked if it was just the concrete parking, would it be okay. Laura said, yes. She confirmed that it is the carport structure that is the issue. Member Stewart said he feels they have explored all options. Member Wood mentioned that the only place that could work for the placement of carport would be the right hand side at a angle, but there are utilities. Jeff said we thought about that option, but a car wouldn't be able to make that ninety degree turn. Jeff said that they put the carport in this location because it doesn't interfere with anything. Member Janysek asked that if Jeff would've gone through the proper permitting process, would he have ended up at the Board of Adjustment's. Laura said, yes, because he has a hardship with the trees on one side and utilities on the other side. Chair Bergman asked Member Janysek if he believed the trees were a hardship. Member Janysek said he believes the trees are a unique characteristic of the site. Receive comments on Variance No. 22-02, Lot 22, Bentwood Unit 1, (127 Deer Hollow Dr.) Laura said the owner wishes to place an accessory dwelling that they are calling a mother-in-law suite. She said behind the house is about 6,000 square feet of buildable area , but it is covered with a lot of dense trees. The requirement for an accessory dwelling needs to be one and a half times the front building line. Behind the front of the City of Boerne Page 3 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes April 20, 2022 Appeals house but setback half the width. They have a 1.15 acre lot with very little room in the backyard. The front of the house sits about 185 feet from the street. The backyard goes to a narrow point in the back and because of this and the trees, they are asking to place the accessory dwelling in front of the house. It is within any of the required setbacks for the lot. Lisa & Joel Luper, owners of the property, approached. Lisa said her parents are moving down from the pan handle and she would like for them to live on their lot so they can take care of them. Joel said they have a lot of trees and they don't want to do anything to these trees. Looking at the drawing he provided in the application for the variance, there is a large area just off the road that will fit this structure. It won't disturb any of the trees in this area. Joel said he looked at all the setbacks. Laura said they meet the requirements with regard to being no more than 1200 square feet, no more than two bedrooms, and no more than two people in the dwelling. Member Stewart asked if this lot were empty, and they just wanted the two bedroom house there, would it be approved. Laura said, yes, it is within the setbacks. Cynthia Norgan approached. She lives directly across the street from this house. She said she is concerned that it will decrease the desirability of the neighborhood by adding this structure so close to the road. She feels there's a place on the property farther back that won't impede the ambience of the neighborhood. Most of these lots are one acre lots. She said there is a lot of open space and trees. She also has infrastructure concerns in regards to sewer capacity. Pam Schell, neighboring property owner, approached and asked about the size. She asked if it is one story or two story. She was told that it will be a single story. She also asked what kind of structure is allowed and what is the process. Chairman Bergman said they will have to follow all the ordinances in the UDC to build any property. He said we're here today to discuss the location of the structure only. Pam said It is a second home on this lot and is it possible to move it back from the street. Laura said it has to match the existing home, City of Boerne Page 4 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes April 20, 2022 Appeals using the same materials. As long as they meet the criteria of the setbacks and receive this variance, they can place it there. Mike Mann said the board can set a limit to the placement of the structure. Anything in the front yard will take a variance. Chair Bergman said our job is to determine if they can put the structure where they are asking for it. Chair Bergman said the owners are not asking to put it anywhere else. Pam said we will have neighbors that are going to have to look at this wall. She feels a compromise or stipulations on the variance would be helpful so it is not so close to the street. Member Janysek asked if plans had been submitted to the City for this particular structure. Laura said she believes they would've had to provide building plans as part of the permitting and that's where it was found that they need a variance. He also asked if there was any consideration to moving the structure back towards the house and if there are any stipulations on how close this structure can be to the other structure. Laura said if they were to get the variance, we would approve the building plans based on your recommendations. Chair Bergman said there is a line of trees and a tree right behind it. If we were to entertain that, we would be conscious of the trees. Mike Mann explained to Chair Bergman that he may have questions for the owner if whether or not the proposed house would fit somewhere else and if it would require the removal of trees. Member McKenzie said we are being asked for a very specific setback and doesn't feel it is up for negotiations. Chair Bergman agrees. Mike Mann said the building setback would have to be met and that is thirty-feet (from the front property line). Laura said, that is correct. Mike said, encroaching on the building setback would be a different variance. The variance tonight is whether or not the structure can go in the front yard and you can set limits on that if you desire. Chair Bergman asked the owners if they would entertain pushing the structure back and what would prevent them from doing this. Joel Luper said they would consider moving it back, but they would need approval to remove some of the trees. Joel said where they propose to place the accessory structure is where no trees would be disturbed. If they placed it near the house or off the house, they City of Boerne Page 5 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes April 20, 2022 Appeals would need approval to remove trees. Cynthia Norgan approached the board and showed them a picture of the property from her cell phone. She feels there is room to move the structure back. Chair Bergman asked if anyone else would like to come up and speak. There were none. 6. ITEMS FOR DISCUSSION/ACTION Consider Variance No. 22-01: A request from Jeff & Judy Joseph, requesting a variance to the City of Boerne UDC, Chapter 3.6, Section C, 5.b, to allow the location of a carport to be more than 10-feet from the front facade of the house for Lot 24, Harnisch & Baer, (520 E. Theissen St.). Member Janysek motioned to approve the variance. Member Wood seconded. Variance was approved 5-0. Consider Variance No. 22-02: A request from Joel & Lisa Luper, requesting a variance to the City of Boerne UDC, Chapter 3.5, Section B, 1., to allow an accessory building to be placed forward of the front building line rather than the required 1.5 times the setback of the front building line for Lot 22, Bentwood Unit 1, (127 Deer Hollow Dr.). Member Stewart believes it alters the curb appeal of the subdivision. Member Wood said there is room to push it back. He said we want to keep the spirit of the neighborhood of Boerne. Maybe we can look at this in the future with different options. Member Janysek said we need to find some middle ground. He sees where there is room to push it back. Member McKenzie said they will still need to go through permitting and get permission to cut down trees. Member Stewart motioned a denial, but would like to see it as part of the existing structure. Laura said if it is connected by a breezeway, then it is an City of Boerne Page 6 Printed on 4/18/2023 Zoning Board of Adjustment and Official Meeting Minutes April 20, 2022 Appeals accessory structure. Laura said if it is connected to the main house, then they do not need a variance, as long as it is in the required setbacks. Member Wood seconded the motion to deny. Variance was denied 4-1. 7. ADJOURNMENT Meeting was adjourned at 6:46 p.m. _______________________________ Chair _______________________________ Secretary City of Boerne Page 7 Printed on 4/18/2023