Zoning Board of Adjustment

City of Haslet Agenda Zoning Board of Adjustment Meeting Monday, August 21, 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 Monday, August 21, 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://meet.goto.com/HasletCityCouncil/city-of-haslet-city-council-meeting • Phone: 1-571-317-3116 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 July 20, 2023 ZBA Minutes 3-5 Zoning Board of Adjustment - 20 Jul 2023 - Minutes - Pdf 4. PUBLIC HEARINGS AND ACTION ITEMS 4.1. Hold a public hearing and consider a variance request from Section 4.3.6 of 6 - 23 Chapter 14 of the Zoning Ordinance to allow for a fourth accessory structure Storage shed on a residential lot described as Lot 6, Block 2, Haslet Park Addition within the City of Haslet, Texas, more commonly known as 317 Schreiber Dr. 1) Presentation 2) Public Hearing 3) Discussion 4) Consideration and Action SR-23-333 - Pdf 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 August 21, 2023  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. 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 Friday, August 18, 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 August 21, 2023 Page 2 of 23  Agenda Item #3.3.1. MINUTES Zoning Board of Adjustment Meeting 6:30 PM - Thursday, July 20, 2023 Haslet Community Center, 105 Main Street MEMBERS Chairman Gary Hulsey, Board Member Place 1 Doug Horak, Board Member PRESENT: Place 2 Kerry Ricketts, Board Member Place 3 Marilyn Broyles, Board Member Place 4 Hector Najera, and Board Member Place 5 Tanya Morrow MEMBERS ABSENT: STAFF Jeremy Page, City Attorney, Michael Thetford, Building Official, Steven Harvey, PRESENT: Fire Marshall, and Katrina White, Admin 1. CALL TO ORDER AND ANNOUNCE A QUORUM PRESENT Chairman Hulsey called the meeting to order and announced a quorum present at 6:31 pm. 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 A. Discuss, consider and act to approve the May 17, 2023 ZBA Minutes ZBA6-2023 Moved by Kerry Ricketts Seconded by Tanya Morrow Motion to approve the May 17, 2023 Minutes as presented. Ayes: Doug Horak, Kerry Ricketts, Marilyn Broyles, Hector Najera, and Tanya Morrow APPROVED 5-0 4. PUBLIC HEARINGS AND ACTION ITEMS Page 3 of 23  Agenda Item #3.3.1. City of Haslet Zoning Board of Adjustment Meeting Minutes July 20, 2023 Page 2 of 3 A. 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. 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 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;” Chairman Hulsey had the applicant Heath and Angela Webb take an oath of honesty prior to hearing any testimony. Applicant Heath and Angela Webb stated their request for the variance. 2) Public Hearing - Chairman Hulsey opened the Public Hearing at 6:48 pm. The following addressed the Board: • Hank and Bari Gaylor, 608 Birchwood Lane, Haslet, TX 76052 - IN FAVOR After recognizing that no one else wished to speak, Chair Hulsey closed the Public Hearing at 6:51 pm. ZBA7-2023 Page 4 of 23  Agenda Item #3.3.1. City of Haslet Zoning Board of Adjustment Meeting Minutes July 20, 2023 Page 3 of 3 Moved by Marilyn Broyles Seconded by Tanya Morrow Motion to approve the variance request to allow the property owner to construct a 10-foot-tall privacy fence at 612 Birchwood Lane. Ayes: Doug Horak, Kerry Ricketts, Marilyn Broyles, Hector Najera, and Tanya Morrow APPROVED 5-0 5. EXECUTIVE SESSION WAS NOT HELD 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. 6. CONSIDER AND ACT ON ANY ITEMS FROM EXECUTIVE SESSION N/A 7. ADJOURN Meeting adjourned at 6:54 pm. _____________ Gary Hulsey, Mayor DATE _____________ Katrina White, Acting City Secretary DATE Page 5 of 23  Agenda Item #4.4.1. Zoning Board of Adjustment AGENDA ITEM REPORT MEETING: Zoning Board of Adjustment - 21 Aug 2023 SUBJECT: Hold a public hearing and consider a variance request from Section 4.3.6 of Chapter 14 of the Zoning Ordinance to allow for a fourth accessory structure Storage shed on a residential lot described as Lot 6, Block 2, Haslet Park Addition within the City of Haslet, Texas, more commonly known as 317 Schreiber Dr. 1) Presentation 2) Public Hearing 3) Discussion 4) Consideration and Action ATTACHMENTS: 317 Schreiber Dr. PZ 141 ZBA Application 317 Schreiber Dr. PZ 141 ZBA Letter 317 Schreiber Dr. PZ 141 ZBA Site plan 317 Schreiber Dr. PZ 141 ZBA Buildings A.C.D 317 Schreiber Dr. PZ 141 ZBA Building B EXECUTIVE SUMMARY BACKGROUND INFORMATION: Section 4.3.6 (2)(c)(i) of the Zoning Ordinance prohibits more than three accessory buildings on one lot. On February 17, 2023 the applicant applied for a building permit to construct an accessory dwelling structure (building "A") behind the home. Building "A" will be used to provide living quarters that would accommodate the needs for a disabled family member. During the plan review process it was determined by city staff that the property contained five accessory structures, including (1) 300sq.ft. storage structure (building "B"), (1) 3000 sq.ft. shop (Building C), (1) covered outdoor kitchen (Building "D") and (2) small shade structures (Buildings "E" and "F"). In order to have Building "A", the applicant planned to remove "E and F" and incorporate building "B" onto Building "A" to form one structure. This met the spirit of the ordinance and the permit was issued on May 3, 2023. During the construction process of Building "A", the applicant had several contractors assess Building "B" to have it moved into place behind Building "A". The applicant was informed that moving the building would potentially destroy the building due to the way that the building is secured to the foundation. The applicant has filed a variance request application requesting to keep the fourth building on the property. In accordance with Section 2.5.5 of the Zoning Ordinance, the Zoning Board of Adjustment must find that the criteria in Texas Local Government Code sec. 211.009(a)(3) are met. The criteria and analysis are as follows: Page 6 of 23  Agenda Item #4.4.1. "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". FINANCIAL IMPACT: None Page 7 of 23  Agenda Item #4.4.1. CITY OF HASLET §LET VARIANCE APPLICATION Date Submitted ‘7)7 4|‘ VARIANCE REQUESTOR Address 5!‘! SC}: rd be I" D11 Hm/1+ Telephone Number , i 2,19-~5 E55 81) (Q? - j_<{_LL2_ G(73~ FAX "' T7 was '' 2 Property Description: Subdivision Name is ‘i’ p?r K H?%. Lot Block No. .Q-» Acreage REQUESTING APPROVAL FOR VARIANCE: Requested variance: IQ we A )0 X 3 F‘ 1 i‘ C « bw''H.hr1 O t CM‘ I \m"Hr’ wwée P“: .5. 14 (r+)(90o.~.> Ca‘) of; <:oeSar\ bu i I cL!\n?3 of‘ %“H’LAC_‘+m"€S Reason for variance request: . 2:. !5x=H:2~.gJ\m eY\+ PROPERTY OWNER INFORMATION (for multiple owners submit information on each owner) - Name Charms\ Sr £3“JotHS /SSE‘l‘T r}C{(l‘C‘lC« I G€lJ0l/K25 haS ‘ Address El"? QQ #1(‘C/ll btr (3 H474 0 $1 r* Telephone Number Z l ‘l 370? KDC3 Email H5E’ Q4/m61} ctm’\ CS 5 U/4A2S£.“E? If the property owner(s) is (are) represented by an authorized agent, please complete the following: Agent Name EdVsCl I 6» {H O\A;5 Agent’s Title Page 8 of 23  Agenda Item #4.4.1. Agent’s Address irh \’€”3~€(“ »;© F Hm S €PI\TV763 §—9-’ Agent's Telephone Number 21% E FAX 2\ *~ C/1-— OWNER CERTIFICATION ‘x to certifythat This is ljgg .91; Pg ]‘_{fg,I*I-’»’~— E LESQUQH (when owner{s) is/are an individua!(s)) the undersigned, isfare the sole owner(s) of the property described above on the date of this apphca?on. Owner Signature Owner Signature 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. (PrintAgent’s Name) Agenfs Signature Date received Total Fees Collected Received by Page 9 of 23  Agenda Item #4.4.1. Attachment A We are building an accessory dwelling structure in our backyard (current permit #2023011? dated . :.|..-.n_".._| 02/17/2023) I -.-.|.-.|.m.- structure with -| that will be used as a residence for my brother (Charles and completely bedridden. Our home was not .=- III substantial |.- -|.. -|.u.-. framing ..—...-_. handicap accessible reinforcement ..uI..-I to ..-.a|_._nI. accommodate . ..I_.._ Evans). Charles is 100% - and what he needed required a -..._-_. hoyer lift .-.-... ...I disabled - a new - system that will carry him . .. .. ._ -..._| his bed to a 1...". from medical recliner. . ‘--'---I- When we began the and a .|_-.3... project we already had 3=l'i r:—--I---I-.-I structures- on detached garage, plus a 10 x 30 ._l.._.. our property --.=-I: storage building). We had (We have an outdoor kitchen I.-In.-.-I.-.-Ir-_ several meetings with the mayor about _..__..._,..|..._._. ._ how we could xi: ‘hi proceed with 1-:the construction I ‘F-" of the -I ADU --I and arrived —'u at the that the - 2-1 resolution -u— 10x30 storage J'I 1-‘. building would be moved to the rear ‘III:-u LJu'I-of the new ADU and I upa—-I attached to become one building. We had the plans revised to accommodate this and received our permit to begin work. We expanded the foundation of the ADU and intended to have a building moving company come out and move the entire storage building to its new location. Once the foundation was ready we called several building moving companies to get estimates. We have had several building movers come out to look at the building and all have told us that based upon the way it was constructed it cannot be moved. The problem is that the bottom of the building was attached to piers that are buried in concrete and then the walls were built on top of the base. There is no way to detach the floor from the piers without - rphnilr u -...a..ax.n:-q. hprmicp ic; incnlnrprl -.1... ~—...............=.........r.-_.u.-. -.....--u...— 1-»..v\..u.uuI-vi-...I\.p ll. «.0 III..JulII..IL-h\..I UIILII -.JrJILlY IKJLIIII throughou . Unless this variance application is approved, our only course of action will be to demolish the building and throw it away which seems ridiculous to throw away a $12,000 building that is less than a year old. - Especially when it is clear that there is no bene?t to anyone in us doing this. Our home is located at the end of a dead end street and the subject storage building is behind our detached garage and is not visible from the street. Page 10 of 23 Agenda Item #4.4.1. Page 11 of 23 Agenda Item #4.4.1. Page 12 of 23 Agenda Item #4.4.1. Page 13 of 23 Agenda Item #4.4.1. Page 14 of 23 Agenda Item #4.4.1. Page 15 of 23 Agenda Item #4.4.1. Page 16 of 23  Agenda Item #4.4.1. Attachment A We are building an accessory dwelling structure in our backyard (current permit #20230117 dated 02/17/2023) that will be used as a residence for my brother (Charles Evans). Charles is 100% disabled and completely bedridden. Our home was not handicap accessible and what he needed required a new structure with substantial framing reinforcement to accommodate a hoyer lift system that will carry him from his bed to a medical recliner. When we began the project we already had 3 structures on our property (We have an outdoor kitchen and a detached garage, plus a 10 x 30 storage building). We had several meetings with the mayor about how we could proceed with the construction of the ADU and arrived at the resolution that the 10x30 storage building would be moved to the rear of the new ADU and attached to become one building. We had the plans revised to accommodate this and received our permit to begin work. We expanded the foundation of the ADU and intended to have a building moving company come out and move the entire storage building to its new location. Once the foundation was ready we called several building moving companies to get estimates. We have had several building movers come out to look at the building and all have told us that based upon the way it was constructed it cannot be moved. The problem is that the bottom of the building was attached to piers that are buried in concrete and then the walls were built on top of the base. There is no way to detach the floor from the piers without disassembly. It also cannot be disassembled and rebuilt because it is insulated with spray foam throughout. Unless this variance application is approved, our only course of action will be to demolish the building and throw it away - which seems ridiculous to throw away a $12,000 building that is less than a year old. Especially when it is clear that there is no benefit to anyone in us doing this. Our home is located at the end of a dead end street and the subject storage building is behind our detached garage and is not visible from the street. Page 17 of 23  317 Schreiber Dr. Agenda Item #4.4.1. Site Plan Building A Building D Building B Building C North Page 18 of 23 Building "A" Agenda Item #4.4.1. south view Page 19 of 23  Building Agenda Item D #4.4.1. south view Page 20 of 23 Building "C"#4.4.1. Agenda Item south view Page 21 of 23 Building Agenda Item"B" #4.4.1. west view Page 22 of 23  Agenda Item #4.4.1. Building "B" north view Page 23 of 23