Zoning Board of Adjustment (BOA)

City of Haslet Agenda Zoning Board of Adjustment (BOA) Meeting Monday, March 1, 2021 at 6:45 PM Meeting by Videoconference and Teleconference Notice is hereby given of a Regular Meeting of the Haslet Zoning Board of Adjustment (BOA) to be held on Monday, March 1, 2021, at 6:45 PM, which can be joined by any member of the public remotely by calling 1 (866) 899-4679 and entering access code 754-874-277 or by joining online from a computer, tablet or smartphone at https://www.gotomeet.me/HasletCityCouncil/city-of-haslet-city-council- meeting, for the purpose of considering the following agenda items: Page 1. CALL TO ORDER AND ANNOUNCE A QUORUM PRESENT 2. CONSIDER FOR APPROVAL ZONING BOARD OF ADJUSTMENT MEETING MINUTES 2.1. December 14, 2020 Zoning Board of Adjustment Meeting Minutes 3-5 Zoning Board of Adjustment (BOA) - 14 Dec 2020 - Minutes - Pdf 3. PUBLIC HEARINGS AND ACTION ITEMS 3.1. Hold a public hearing and consider a variance request from Section 4.3.6 of 6 - 11 Chapter 14 of the Zoning Ordinance to allow a storage building to be built in front of the primary structure on a residential lot described as Lot 24, Block 4, Hugh White Estates within the City of Haslet, Texas, more commonly known as 2216 Virginia Lane. SR-21-071 - Pdf 4. 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, February 26, 2021 before 5:00 p.m. Dianna Buchanan, City Secretary Certification of Notice of Meeting was removed on _________________________,2021 at______________a.m./p.m. by _______________________. 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 (BOA) Agenda March 1, 2021 Zoning Board of Adjustment (BOA) Agenda March 1, 2021 Page 2 of 11  Agenda Item #2.2.1. MINUTES Zoning Board of Adjustment (BOA) Meeting 6:45 PM - Monday, December 14, 2020 Meeting held by Videoconference and Teleconference MEMBERS Mayor Bob Golden, Mayor Pro Tem/Council Member Place 1 Warren Robb, PRESENT: Council Member Place 2 Harold Williams, Council Member Place 4 Patricia Hilborn, and Council Member Place 5 Tanya Morrow MEMBERS Council Member Place 3 Jessica Clarke ABSENT: STAFF James Quin, City Administrator, Wes Morrison, Planning and Development PRESENT: Director, Dianna Buchanan, City Secretary/Director of Administrative Services, and Travis Attanasio, City Engineer 1. CALL TO ORDER AND ANNOUNCE A QUORUM PRESENT Chair of the Board Bob Golden called the meeting to order at 6:45 pm and acknowledged all members present except Member Jessica Clarke. He announced a quorum present. 2. CONSIDER FOR APPROVAL ZONING BOARD OF ADJUSTMENT MEETING MINUTES 2.A. June 15, 2020 Zoning Board of Adjustment Minutes ZBA3-2020 Moved by Harold Williams Seconded by Patricia Hilborn Motion to approve the June 15, 2020 Zoning Board of Adjustment Minutes. Chair Golden conducted a roll call vote. Ayes: Warren Robb, Harold Williams, Patricia Hilborn, Tanya Morrow, and Bob Golden APPROVED 5-0 3. ACTION ITEMS 3.A. Hold a public hearing and consider a request to vary from the interior side yard setback requirement of Chapter 14, Exhibit A, Section 3.2.4 of the Code of Ordinances of the City of Haslet for construction of a swimming pool and pavilion. The subject property is half an acre in size, located within the R-2 Residential Suburban Density 2 zoning district and is described as Lot 30, Block C of the NorthGlen Phase 1 Subdivision more commonly known as 2119 Birchfield Street, Haslet, Tarrant County, Texas. 1) Staff Presentation: Planning and Development Director Wes Morrison summarized Page 3 of 11  Agenda Item #2.2.1. City of Haslet Zoning Board of Adjustment (BOA) Meeting Minutes December 14, 2020 Page 2 of 3 the request and staff recommended denial. The requestor, resident Thomas Hardeman, was present in support of the request. 2) Chair Golden opened the public hearing at 6:51 pm. Mr. Ethan Guhl, 4710 Keller Haslet, Fort Worth, 76244, contractor for the project, spoke in favor of the request. Ms. Keidra Norwood, 2114 Glenbrook, spoke in opposition of the request. There was no one else to speak and Chair golden closed the public hearing at 6:59 pm. 3) Discussion--Discussion held. 4) Consideration and Action ZBA4-2020 Moved by Tanya Morrow Seconded by Patricia Hilborn Motion to deny the variance request for 2119 Birchfield Street. Chair Golden conducted a roll call vote. Ayes: Bob Golden, Warren Robb, Harold Williams, Patricia Hilborn, and Tanya Morrow APPROVED 5-0 4. EXECUTIVE SESSION The Board of Adjustment may enter into Executive Session during the meeting to seek legal advice from its attorney on any posted agenda item, or to discuss any item that is authorized by the Texas Open Meetings Act to be discussed in closed session, including: 4.A. Section 551.071, Government Code, – Consultation with Attorney; A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation; or (B) a settlement offer; or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this Chapter Executive Session was not held. 5. CONSIDER AND ACT ON ANY ITEMS FROM EXECUTIVE SESSION None as Executive Session was not held. 6. ADJOURN Chair Golden adjourned the meeting at 7:03 pm. _____________ APPROVED: BOB GOLDEN, MAYOR AND CHAIR DATE Page 4 of 11  Agenda Item #2.2.1. City of Haslet Zoning Board of Adjustment (BOA) Meeting Minutes December 14, 2020 Page 3 of 3 ATTEST: DIANNA BUCHANAN, TRMC, CITY _____________ SECRETARY DATE Page 5 of 11  Agenda Item #3.3.1. Zoning Board of Adjustment (BOA) STAFF REPORT MEETING: Zoning Board of Adjustment (BOA) - 01 Mar 2021 STAFF CONTACT: Wes Morrison, Planning and Development Director DEPARTMENT: Planning SUBJECT: Hold a public hearing and consider a variance request from Section 4.3.6 of Chapter 14 of the Zoning Ordinance to allow a storage building to be built in front of the primary structure on a residential lot described as Lot 24, Block 4, Hugh White Estates within the City of Haslet, Texas, more commonly known as 2216 Virginia Lane. ATTACHMENTS: Proposed Site Plan Storage Building Elevations Applicant Justification Street View EXECUTIVE SUMMARY BACKGROUND INFORMATION: In December of 2020, the applicant applied for a swimming pool permit of which the site plan showed a proposed storage building to the east of the pool and forward of the primary structure. Based on that finding, staff met with the property owner and learned the intention was to construct a storage building in the location on the site plan for storage of pool related supplies. Section 4.3.6 of the Zoning Ordinance, prohibits accessory buildings such as storage buildings to be located forward of the primary building on the lot. 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: Variance is not contrary to public interest: Not permitting accessory buildings in front of the primary structure is a common regulation found in most cities. The purpose of this regulation is primarily for aesthetic reasons. Typically the primary structure on a lot is the most aesthetically pleasing structure on the lot and therefore it is desired to be in front of all other structures. The public interest in this case is tied to protecting the aesthetics of the neighborhood, the property owner has provided elevations and building materials for the proposed storage building which compliment the existing residence both in design and materials; therefore it is not believed that this variance will be in contrary to the public interest. Page 6 of 11  Agenda Item #3.3.1. Due to Special Conditions: Special conditions typically relate to physical characteristics to the property in question, such as shape or topography that might be unique to that lot. According to the applicant, the proposed location of the storage building was decided on based on change topography of the land. Based on documents provided by the applicant, the storage building could not be placed behind the pool because it would change the flow of drainage between the subject property and the neighboring property to the south. The property is five (5) acres in size so it could be possible to place the storage building some place else on the lot without requiring the variance but then it would be further away from the pool to serve it's intended use. Literal enforcement of the ordinance would result in unnecessary hardship: Enforcement of Section 4.3.6 is not preventing the property owner from constructing a storage building on the lot in question but could interfere with the stated purpose on the storage building. Sprit of the Ordinance is observed: As already stated, the primary purpose of the regulation in question is to protect the aesthetic nature of the neighborhood. Based on the attached building elevations, it appears the proposed storage building will be designed in a manner that compliments the primary structure on the property and is therefore keeping in the sprit of the ordinance. FINANCIAL IMPACT: None RECOMMENDATION(S): Staff recommends approval of the variance request from Section 4.3.6 of Chapter 14 with the condition that the storage building be constructed as shown on the attached elevations and with the stated exterior building materials. SUGGESTED MOTION: I move to approve the variance request from Section 4.3.6 of Chapter 14 with the condition that the storage building be constructed in the location shown on the attached site plan and in compliance with the attached building elevations and exterior building materials. James Quin, City Administrator None Page 7 of 11  m p O 2018 - Agenda Item #3.3.1. 1249pm cD O -N-0'45'26 *3 5' Utility U -N-0'45'26''300.o' pllat OP: X -N 0'16'37' 299.76'me meas X X A % 3 U g) N + R s }> N q g D O 99 N OD ? O CO 3 U O OV N o O O O O qt N OO N N 00 7 3 NN CD q 6 ( D o 90 zOo or 0D CDD D D CD () RT p (O IT VO g ) CD 8 CD 9% OD u O CO s 8 35' _Bldg Line k ity Esmt X o0 N V O pyd ,0'00g 3 97,9v.0 N O) C CO 90 O O (A 30 Virginia Lane Page 8 of 11 O)T D 60' ROW (D 8 N 0'16'04'' W 300.33' meas. LLO2F m  Agenda Item #3.3.1. Building Materials: Limestone wainscot 3’ Gray hardie siding above that to match house Metal Galvalume roof to match house Tongue and groove stained eaves to match house Page 9 of 11  Agenda Item #3.3.1. 5 V .‘ cove a HI:/-\V1Y I Ktt L..k_)VE~K- Page 10 of 11  Agenda Item #3.3.1. View of Property from Virginia Lane Primary Structure Proposed Building Page 11 of 11