Zoning Board of Adjustment

City of Haslet Agenda Zoning Board of Adjustment Meeting Thursday, July 20, 2023 at 6:30 PM Haslet Community Center, 105 Main Street Notice is hereby given of a Regular Meeting of the Haslet Zoning Board of Adjustment to be held on Thursday, July 20, 2023, at 6:30 PM, at the Haslet Community Center, 105 Main Street. Members of the Public may also join the meeting remotely, by: • Teleconference: https://www.gotomeet.me/HasletCityCouncil/city-of-haslet-city-council-meeting • Phone: 1-866-899-4679 and entering access code: 754-874-277 Page 1. CALL TO ORDER AND ANNOUNCE A QUORUM PRESENT 2. CITIZENS PARTICIPATION AND COMMENTS An opportunity for citizens to address the Zoning Board of Adjustment on matters which are on the agenda or are not scheduled for consideration (non-agenda items). The Texas Open Meetings Act prohibits deliberation by the Board of any subject which is not on the posted agenda, therefore the Board will not be able to discuss or take action on items not listed on this agenda, other than to make statements of specific factual information or to recite existing policy in response to the inquiry. NOTE: In order to address the Board during this time, or later in the meeting for any item that is scheduled on the agenda, please complete, and submit a speaker card to the City Secretary prior to the start of the meeting. The presiding officer may ask the speaker to hold comments on agenda items until that agenda item is reached. 3. CONSENT AGENDA 3.1. Discuss, consider and act to approve the May 17, 2023 ZBA Minutes 3-6 Zoning Board of Adjustment - 17 May 2023 - Minutes - Pdf 4. PUBLIC HEARINGS AND ACTION ITEMS 4.1. Discuss, consider, and act on a variance request to allow the property owner to 7 - 16 construct a 10-foot-tall privacy fence. The subject property is located at 612 Birchwood Lane in the Ashmore Farms Subdivision. SR-23-306 - Pdf 5. EXECUTIVE SESSION The Board of Adjustment reserves the right to adjourn into Executive Session during the course of the meeting to seek legal advice from its attorney regarding any item on the posted agenda as authorized by Section 551.071 of the Texas Government Code. • Section 551.071, Government Code, Consultation with Attorney - pending or contemplated litigation, settlement offer or to seek advice from city attorney. If you have a disability that requires special arrangements and you plan to attend this public meeting, please contact the City Secretary at (817) 439-5931 within 72 hours of the meeting. Reasonable accommodations will be made to meet your needs at the meeting. Zoning Board of Adjustment Agenda July 20, 2023  6. CONSIDER AND ACT ON ANY ITEMS FROM EXECUTIVE SESSION 7. ADJOURN CERTIFICATION I hereby certify that the above notice was posted on the bulletin board at the Haslet Community Center Building at 105 Main Street, Haslet, Texas on Monday, July 17, 2023 before 5:00 p.m. Katrina White Acting City Secretary I certify that the attached notice and agenda of items to be considered by the Haslet City Council was removed by me from the designated bulletin board located at the Haslet Community Center, 105 Main Street, Haslet, Texas on the ______ day of ______________________, 2023. __________________________________________, Title: ___________________________________ Zoning Board of Adjustment Agenda July 20, 2023 Page 2 of 16  Agenda Item #3.3.1. MINUTES Zoning Board of Adjustment Meeting 6:30 PM - Wednesday, May 17, 2023 Haslet Community Center, 105 Main Street MEMBERS Chairman Gary Hulsey, Board Member Place 2 Kerry Ricketts, Board Member PRESENT: Place 1 Doug Horak, Board Member Place 3 Marilyn Broyles, Board Member Place 4 Hector Najera, and Board Member Place 5 Tanya Morrow MEMBERS ABSENT: STAFF Terry Welch, City Attorney, Shannon Montgomery, City Secretary, Maurice PRESENT: Schwanke, Planning/EDC Coordinator, Michael Thetford, Building Official, James Tucker, Public Works Director, and Steven Harvey, Fire Marshall 1. CALL TO ORDER AND ANNOUNCE A QUORUM PRESENT Chairman Hulsey called the meeting to order at 6:31pm and announced a quorum present with Board Members Horak, Ricketts, Broyles, Najera and Morrow attending in person. 2. CONSENT AGENDA A. Approval of April 17, 2023 Regular Zoning Board of Adjustment Meeting Minutes. ZBA3-2023 Moved by Kerry Ricketts Seconded by Marilyn Broyles Motion made to approve the April 17, 2023 Regular Zoning Board of Adjustment Meeting Minutes as presented. Ayes: Kerry Ricketts, Doug Horak, Marilyn Broyles, Hector Najera, and Tanya Morrow APPROVED 5-0 3. PUBLIC HEARINGS AND ACTION ITEMS A. Discuss, consider, and act on a variance request to allow an outside gas fireplace and patio deck that has already been constructed in the rear yard of the home. The fireplace/patio extends three feet beyond the 20 ft. rear yard setback and increases the impervious surface on the lot to 50.5%. The home is located at Blk. B Lot 47, in the Caraway Subdivision City of Haslet, Texas, more commonly known as 1517 Primrose Place. Page 3 of 16  Agenda Item #3.3.1. City of Haslet Zoning Board of Adjustment Meeting Minutes May 17, 2023 Page 2 of 4 1) Presentation: Chair Hulsey swore in Building Official Thetford prior to hearing Building Official Thetford's presentation of the facts. Building Official Thetford stated the property owner submitted a variance request to allow an outside gas fireplace and patio deck, which had already been constructed in the rear yard of the home, that extends three feet beyond the 20 foot rear yard setback. The deck increases the impervious surface on the lot to 50.5%, which is over the 30% maximum lot coverage for this property. Applicant John and Sandra Gremmels had their contractor Mark Linenberger state the timeline of events. 2) Public Hearing: Chair Hulsey opened the Public Hearing at 6:44pm. City Secretary Montgomery read a statement from Skender Aliu - 1514 Primrose Place in support of the variance request. The following made statements in support of the variance request: • Thomas Ortler - 1513 Primrose Place • James Midget - 1518 Primrose Place After recognizing that no one else wished to speak, Chair Hulsey closed the Public Hearing at 6:47pm. ZBA4-2023 Moved by Marilyn Broyles Seconded by Tanya Morrow 3) Discuss, Consider, and Act: Motion made to approve the variance request to allow an outside gas fireplace and patio deck that has already been constructed in the rear yard of the home. The fireplace/patio extends three feet beyond the 20 ft. rear yard setback and increases the impervious surface on the lot to 50.5%. The home is located at Blk. B Lot 47, in the Caraway Subdivision City of Haslet, Texas, more commonly known as 1517 Primrose Place. Ayes: Kerry Ricketts, Doug Horak, Marilyn Broyles, Hector Najera, and Tanya Morrow APPROVED 5-0 B. Discuss, consider, and act on a variance request to construct a 3000 sq.ft. workshop with a 1875 sq.ft. covered parking area to the front (street facing) for a total of 4875 sq. ft. The subject property is in Block 1 Lot 60 in the Hugh White Subdivision more commonly known as 2910 Harmon Road. 1) Presentation: Chair Hulsey swore in Building Official Thetford prior to hearing his statement of facts. Building Official Thetford stated that the property owner submitted a variance application to construct a 3000 square foot workshop with a 1875 square Page 4 of 16  Agenda Item #3.3.1. City of Haslet Zoning Board of Adjustment Meeting Minutes May 17, 2023 Page 3 of 4 foot covered parking area to the front, which is street facing. Section 4.3.6 (2)(c)(ii) of the Haslet's Code of Ordinances states that the maximum size of a structure shall be limited to 3000 square feet. The requested 1875 square foot covered parking area exceeds the maximum allowable size. Chair Hulsey swore in applicant Allen Kornelsen of 2910 Harmon Road, Haslet, Texas and his contractor Jeb Bechard. Both addressed questions from the Board. 2) Public Hearing: Chair Hulsey opened the Public Hearing at 7:02pm. The following spoke in opposition of the variance request: • Mary Soriano - 2940 Harmon Road, Haslet, Texas • Jeannie Galloway - 245 Bayne Road, Haslet, Texas • Mary Reales - 247 Bayne Road, Haslet, Texas After recognizing that no one else wished to speak, Chair Hulsey closed the Public Hearing at 7:08pm. ZBA5-2023 Moved by Kerry Ricketts Seconded by Marilyn Broyles 3) Discuss, Consider, and Act: Motion made to deny the variance request to construct a 3000 sq.ft. workshop with a 1875 sq.ft. covered parking area to the front (street facing) for a total of 4875 sq. ft. The subject property is in Block 1 Lot 60 in the Hugh White Subdivision more commonly known as 2910 Harmon Road. Ayes: Kerry Ricketts, Doug Horak, Marilyn Broyles, Hector Najera, and Tanya Morrow APPROVED 5-0 4. EXECUTIVE SESSION The Zoning Board of Adjustment reserves the right to adjourn into Executive Session during the course of the meeting to seek legal advice from its attorney regarding any item on the posted agenda as authorized by Section 551.071 of the Texas Government Code. • Section 551.071, Government Code, Consultation with Attorney - pending or contemplated litigation, settlement offer or to seek advice from city attorney contemplated litigation, settlement offer or to seek advice from city attorney. The Board did not convene into Executive Session. 5. CONSIDER AND ACT ON ANY ITEMS FROM EXECUTIVE SESSION The Board did not convene into Executive Session. 6. ADJOURN Page 5 of 16  Agenda Item #3.3.1. City of Haslet Zoning Board of Adjustment Meeting Minutes May 17, 2023 Page 4 of 4 Chair Hulsey adjourned the meeting at 7:11 pm. Meeting Minutes approved the 20th day of July 2023. _____________ Gary Hulsey, Chair DATE _____________ Katrina White, Acting City Secretary DATE Page 6 of 16  Agenda Item #4.4.1. Zoning Board of Adjustment AGENDA ITEM REPORT MEETING: Zoning Board of Adjustment - 20 Jul 2023 SUBJECT: Discuss, consider, and act on a variance request to allow the property owner to construct a 10-foot-tall privacy fence. The subject property is located at 612 Birchwood Lane in the Ashmore Farms Subdivision. ATTACHMENTS: 612 Birchwood Applications 612 Birchwood Site Plan 612 Birchwood Fence Extension Rendering 612 Birchwood Fence extension example 612 Birchwood Photo view from pool deck EXECUTIVE SUMMARY BACKGROUND INFORMATION: The property owner has submitted a variance request application to the Zoning Board of Adjustment to construct a 10 foot tall privacy fence along the rear section of the property. The subject property is Block 4 Lot 23 of the Ashmore Farms Subdivision Phase 2, more commonly known as 612 Birchwood Lane. The property owner is claiming that their sense of privacy has been violated with the recent construction of a pool house located on a neighboring property. The newly constructed pool house has a large picture window that overlooks the existing 8-foot privacy fence. The subject window can be seen from inside the applicants swimming pool. The applicant is requesting permission to increase the height of the existing fence by approximately 2 feet along the rear property line in order to block the view of the window. Pursuant to Ch.14 Zoning, Article 5, Sec. 5.3.4, Single-Family Residential, (3) (a), the height of the fence shall not exceed eight feet as measured from the highest adjacent grade within ten feet of the fence. In accordance with the Zoning Ordinance, the ZBA may approve or deny a variance request that is governed by the Zoning Ordinance and Sec. 211.009 of the Texas Local Government Code, the following: “if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done;” Attachments included: Page 7 of 16  Agenda Item #4.4.1. 1. Variance Application 2. Site Plan 3. Photo of neighbors new building and existing fence 4. Examples of the requested fence design. FINANCIAL IMPACT: None Page 8 of 16  Agenda Item #4.4.1. City of Haslet RESIDE TIAL BUILDING |1_‘°1lMfi;eSt- IIASLET ‘ 76052 PER MIT APPLICATIO N 8f; °‘.2a2,-53§i....1o7 81 7-439-1 606 (F) SUBMITTAL REQUIREMENTS: Submit 2 sets of plans as may be necessary to clarify work. P Information PERMIT NUMBER: Address:612 Birchwood Lane Haslet Texas Legal Description:Lot 23 Block 4 of Ashmore Farms Phase 2 Tract (attach metes & bounds description) SUBDIVISION:Ashm°'eFa""= ZONING A licant Information You Are: QHomeowner nBuilder/Contractor uAuthorizedAgent Name:Ange|a Webb Phone No:817-988-8762 Mail Address:612Birchwood Lane Fax No.: City:Haslet State & Zip Code:TX 76052 EmaiI:webb0320@yahoo.com Builder/Contractor Information Builder Company Name: Pending Contact Name Phone No: Fax No: MailAddress: city; state & zip License No. Email Scope of work:Fence Subcontractors List Nam Addres License# Plumbing: Electrical Mechanical Irrigator: e of Construction uNew nAddition :1 Remodel Alteration u Accesso ''V uDemo|ition uElectrical mPlumbing mMechanica| gone Story D1-wo gm.-V gothe.-Fence Resident Sq. Ft.: Garage/Accessory Sq. Ft.: CONSTRUCTION VALUE NOTICE: This permit becomes null and void if work or construction authorized is not commenced within 120 days, or if construction or work is suspended or abandoned for a period of 90 days at any time after work is commenced. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether speci?ed herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other State or local law regulating construction or the performance of construction. The issuance of a permit neither exempts nor modifies any covenants, deed restrictions, City ordinances or State or Federal Laws, whether hereiyasqd?ed or not. Signature of Appli Mu.‘ Applicant is responsible for cal L: in to schedule inspection and making arrangements Date:05_17_2023 for the work to be accessible to be inspected. To Schedule Inspections call 817-439-5931 ext. 107 Building Permit Fee Sewer Installation: ST Approved by: Water Installation: Sewer Impact Fee: SIM Water Impact Fee: WIM Park Land Fee: PARK nah, Fort Worth Fee: Plan Review Fee: Water Deposit: Other: Special Meter Cost: TOTAL FEES DUE ElEl|:l El Page 9 of 16  Agenda Item #4.4.1. CITY OF HASLET VARIANCE APPLICATION Date Submitted 5" I7 ’ VARIANCE REQUESTOR D Address Io\§)s ?1‘ur\ /J0 l1(\/'\.¢{9r& I/WW TM, /7 Telephone Number 88 3 7Q’ 2 FAX Property Description: Subdivision Name "‘°+ Z5 %I!>;K "I m org Fay‘ HO 5 PI/I455-Ij Lot L5 Block No. LI Acreage REQUESTING APPROVAL FOR VARIANCE: Requested variance P0—1'“Hf&\~QQ_(3§,e. {$0. c,\2. \1 our lo-C'¢e;&— wn?iv park :5: (';;,V~rcV\‘\' ?.Qp§_‘):\’ Reason for variance request: t\{ua‘nbpvF*&(_.re.€—\/\ ;A‘>\5{—\’\ \gv~a2 3'17 C:-£1‘);/*¢,\ or>\V\:9 5 \1jLI'TJd0\;’)?\JPv|©(')l<|‘? fmooscb \~/‘f\\j +01‘: OLLF } . C.-\—u~_v_dmre\~/-, lD»?agA— Qm?w .2;/\L€ -/ c;«_A1§xH(‘r>v\0. ‘QMb‘1-O$ ¢cur\I{\e P (‘D \)\\ PROPERTY OWNER INFORMATION (for multiple owners submit information on each owner) - Name /lf">c:ogm \sL'3~Q.\Q—b in Address $3 I/V3 6\&I/ 7‘9O5§ Telephone Number %I 7 5 O7 (0 CI Email O 5 10 Q jab 00 C997 If the property owner(s) is (are) represented by an authorized agent, please complete the following: Agent Name Agent's Title Page 10 of 16  Agenda Item #4.4.1. Agent’s Address Agent’s Telephone Number FAX OWNER CERTIFICATION This is to certify that /‘M/\,(‘b€_)\_a; k?lobb (when awnegys 43%!‘ <43CU/T is/are an individuaI(s)) U the undersigned, is/are the sole owner(s) of the property described above on the date of this scpugation. k A/% Owner Sig re Owner ggnature é This is to certify that (Owner(s) or corporation name) acting by and through the undersigned, its duly authorized agent, is/are the sole owner(s) of the property described above on the date of this application. (Print Agent's Name) Agent's Signature Date received Total Fees Collected Received by Page 11 of 16  Agenda Item #4.4.1. 612 Lane 5, R L E1399:8: Ra Mcculloek Vol. ms ecy?c Suvon M-:&noek . 31 voo.5405. Pg. 753 . ? ! 3? % I‘ 0 I‘ Lot 23 Biock 4 Lot 24- F‘ ' A X § X -§ x ,,,,,,,_, Lot ? .2"-. .‘_ ‘ I -§ F.l.R. "-'-"- _ _ __,_ _ _ C.M / / / X muer poi: r.I.n. ELI. Page 12 of 16 PROPIITVBBSCIIYHON aL......I-g.‘-4|-J:-.f'-Ll—.a A : Lat 23.Dln? 4,1 AAIINQFIIC1 Q?alglli? nu‘-.0 . aznlnnli?jv 1. -A?lhh? any I?i.Tji.T1.j a ??  '1' .5 F05! ran wants: s una'5:s" v 53:‘ _ ‘ ,0O'37'9" _ 20 5: __ V ’ _‘ Agenda Item #4.4.1. ‘air’:-"'3. _ 5.9’ LOT 59 4 g.» *3” 3'"S ' J~..-Q ',-I3gt, 1’ 5 me-7'9' E (34512 c? scmuus) 259.25‘ eL:»‘om1 . r. / I 7’. I. LL?‘ . _ J? V‘, -73?‘ 1" .a 7:” 3* V at T F 7"‘ §" HAR§4a9;*m§°**’ v ' 7” ' Page 13 of 16  Agenda Item #4.4.1. Angela Webb 612 Birchwood Lane Haslet Current View - Trees are not evergreen Proposed 2 professional extension with cap consistent with current fence-stained to match Example Image: Page 14 of 16 Agenda Item #4.4.1. Page 15 of 16 Agenda Item #4.4.1. Page 16 of 16