Zoning Board of Adjustment (BOA)

City of Haslet Agenda Zoning Board of Adjustment (BOA) Meeting Monday, April 17, 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 (BOA) to be held on Monday, April 17, 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 Consent items are deemed to need little Council deliberation and will be acted upon as one business item. Any member of the City Council may request that an item be withdrawn from the Consent Agenda and placed before the City Council for full discussion. Approval of the Consent Agenda authorizes the Mayor, or his designee, to implement each item in accordance with staff recommendation. 3.1. Approval of May 25, 2022 Regular Zoning Board of Adjustment Meeting 3-6 Minutes. SR-23-171 - Pdf 4. PUBLIC HEARINGS AND ACTION ITEMS 4.1. Discuss, consider, and act on a variance request to construct a 405 Square 7 - 10 Foot attached garage within a 375 foot setback from an existing gas well head. The subject property is located at 582 Broadleaf Way in the Watercress Subdivision Phase 1. 1) Presentation 2) Public Hearing 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 April 17, 2023  3) Discuss, Consider, and Act SR-23-174 - 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 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, April 14, 2023 prior to 5pm. Shannon Montgomery, TRMC, 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 (BOA) Agenda April 17, 2023 Page 2 of 10  Agenda Item #3.3.1. Zoning Board of Adjustment (BOA) AGENDA ITEM REPORT MEETING: Zoning Board of Adjustment (BOA) - 17 Apr 2023 CONTACT: Shannon Montgomery, City DEPARTMENT: City Secretary Secretary SUBJECT: Approval of May 25, 2022 Regular Zoning Board of Adjustment Meeting Minutes. ATTACHMENTS: Zoning Board of Adjustment (BOA) - 25 May 2022 - Minutes Page 3 of 10  Agenda Item #3.3.1. MINUTES Zoning Board of Adjustment (BOA) Meeting 7:00 PM - Wednesday, May 25, 2022 Haslet Community Center, 105 Main Street MEMBERS Chair Gary Hulsey, Board Member Doug Horak, Board Member Kerry Ricketts, Board Member PRESENT: Marilyn Broyles, Board Member Hector Najera, and Board Member Tanya Morrow STAFF Brenda McDonald, City Attorney, Shannon Montgomery, City Secretary, Michael Thetford, PRESENT: Building Official, and Steven Harvey, Fire Marshall 1. CALL TO ORDER AND ANNOUNCE A QUORUM PRESENT Chairman Hulsey called the meeting to order at 7:00pm and announced a quorum present with Board Members Horak, Ricketts, Broyles, Najera, and Morrow attending in person at the Community Center. 2. CONSIDER FOR APPROVAL ZONING BOARD OF ADJUSTMENT MEETING MINUTES A. Approval of March 7, 2022 Zoning Board of Adjustment Meeting Minutes ZBA3‐2022 Moved by Tanya Morrow Seconded by Kerry Ricketts Motion made to approve the March 7, 2022 Zoning Board of Adjustment Meeting Minutes as presented. Ayes: Doug Horak, Kerry Ricketts, Marilyn Broyles, Hector Najera, and Tanya Morrow APPROVED 5‐0 3. ACTION ITEMS A. 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 size increase to a 2800 sq. ft., two story pool house with a 448 sq. ft. balcony (3248 sq. ft. total) from the already approved 384 sq. ft., one story supply shed that is being 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. Chairman Hulsey had Building Official Mike Thetford take an oath of honesty prior to hearing any testimony. 1) Presentation ‐ Building Official Mike Thetford presented the Case, reciting background information and schedule of events to the Board and addressed questions. Chairman Hulsey had Applicant Jason Nolen take an oath of honesty prior to hearing any testimony. Page 4 of 10  Agenda Item #3.3.1. City of Haslet Zoning Board of Adjustment (BOA) Meeting Minutes May 25, 2022 Page 2 of 3 Applicant Nolen addressed Building Official Thetford's statement and questions from the Board. Applicant Nolen then explained the options known to him and the hardships for each option. Chairman Hulsey then recapped the proceeding up to this point. City Attorney McDonald allowed Applicant Nolen to cross‐examine Building Official Thetford. 2) Public Hearing ‐ Chair Hulsey opened the Public Hearing at 8:11pm. Chairman Hulsey had Speaker Paul Nelson, 2218 Virginia Lane, Haslet, Texas take an oath of honesty prior to hearing any testimony. Mr. Nelson spoke AGAINST the requested variance. Chairman Hulsey had Speaker Bob Golden, 2226 White Lane, Haslet, Texas take an oath of honesty prior to hearing any testimony. Mr. Golden spoke AGAINST the requested variance. Having no other speakers, Chairman Hulsey closed the Public Hearing at 8:24pm. 3) Discussion ‐ Building Official Thetford and Applicant Nolen addressed additional questions from the Board. City Attorney McDonald explained what a variance is. Chairman Hulsey clarified that this request is a second variance that it is a self‐imposed hardship and is not cause to grant the requested variance. ZBA4‐2022 Moved by Kerry Ricketts Seconded by Hector Najera 4) Consideration and Action ‐ Motion made to NOT approve the variance request as presented. Motion was clarified to DENY the request. Ayes: Doug Horak, Kerry Ricketts, Marilyn Broyles, Hector Najera, and Tanya Morrow APPROVED 5‐0 B. 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 size increase to a 4225 sq. ft., metal shop that includes a 1625 sq. ft. covered front patio from the already approved 2600 sq. ft, shop that was built in front of the primary structure on a residential lot described as Lot 10, Block 4, Hugh White Estates within the City of Haslet, Texas, more commonly known as 2219 White Lane. Chairman Hulsey called a short break at 8:42pm and resumed the meeting at 8:53pm. Chairman Hulsey re‐sworn in Building Official Mike Thetford. 1) Presentation ‐ Building Official Mike Thetford presented the Case, stated that this is a second variance to increase the size of the building, larger than originally approved by the Zoning Board of Adjustments on March 7, 2022 and addressed questions. Chairman Hulsey had Applicant Joseph Bosko, attending virtually, take an oath of honesty prior to hearing any testimony. Applicant Bosko began addressing the Board and was disconnected at 9:02pm. Chairman Hulsey stated that the Board would wait until 9:17pm to hear back from Applicant Bosko. Page 5 of 10  Agenda Item #3.3.1. City of Haslet Zoning Board of Adjustment (BOA) Meeting Minutes May 25, 2022 Page 3 of 3 Applicant Bosko called in at 9:08pm. The applicant stated he agreed with Building Official Thetford's statement and that he misunderstood that the awning is calculated in the total square footage. Mr. Bosko then disconnected at 9:15pm; connection could not be reestablished. 2) Public Hearing ‐ Chairman Hulsey opened the Public Hearing at 9:16pm, having no one wishing to speak, Chairman Hulsey closed the Public Hearing at 9:16pm. 3) Discussion ‐ Building Official Thetford addressed additional questions from the Board. ZBA5‐2022 Moved by Tanya Morrow Seconded by Marilyn Broyles 4) Consideration and Action ‐ Motion made to DENY the request as presented. Ayes: Doug Horak, Kerry Ricketts, 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. 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 Chairman Hulsey adjourned the meeting at 9:20pm. _____________ Gary Hulsey, Chairman DATE _____________ Shannon Montgomery, TRMC, City Secretary DATE Page 6 of 10  Agenda Item #4.4.1. Zoning Board of Adjustment (BOA) AGENDA ITEM REPORT MEETING: Zoning Board of Adjustment (BOA) - 17 Apr 2023 CONTACT: Maurice Schwanke, DEPARTMENT: Planning Planning/EDC Coordinator SUBJECT: Discuss, consider, and act on a variance request to construct a 405 Square Foot attached garage within a 375 foot setback from an existing gas well head. The subject property is located at 582 Broadleaf Way in the Watercress Subdivision Phase 1. ATTACHMENTS: 582 Broadleaf Way Variance Application 582 Broadleaf Way Site Plan EXECUTIVE SUMMARY BACKGROUND INFORMATION: The property owner has submitted a variance request application to the Zoning Board of Adjustment to construct a 405 Square Foot attached garage of which a portion is within a 375 foot setback from an existing gas well that was established by Planned Development Ordinance No. 002-2020. The subject property is Block C Lot 6 of the Watercress Subdivision Phase 1, more commonly known as 582 Broadleaf Way. In the PD Ordinance Exhibit B(D)(9) contains a Well Setback of a minimum 375 foot from all residential Structures measured to the center of the well head. In accordance with Zoning Ordinance, the ZBA may approve or deny a variance request that is governed by the Zoning Ordinance when according to 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;” Page 7 of 10  Agenda Item #4.4.1. Docusign Envelope ID: SOFFFBOS-7DO4-4B8F- CITY OF HASLET HA S] ET VARIANCEAPPLICATION Date Submitted VARIANCE REQUESTOR Steven Wells Address 582 Broadleaf Wa Telephone Number 316-641-7747 FAX Property Description: Subdivision Name Watercress Lot 6 Block No. c Acreage REQUESTING APPROVAL FOR VARIANCE: Requested variance: Encroachin on the 375ft as well set back b 1011 Reason for variance request: We would like to add a third car ara a to the South of our existin era 9 lat attached for reference PROPERTY OWNER INFORMATION (for multiple owners - submit information on each owner) Name Steven Wells Address 582 Broadleaf Wa Telephone Number 316-641-7747 Email swells@keyggn§1ruction.com If the property owner(s) is (are) represented by an authorized agent, please complete the following: Agent Name Agent's Title Page 8 of 10  Agenda Item #4.4.1. Docusign Envelope ID:5OFFFB03-7D04-4B8F- Agent's Address Agent's Telephone Number FAX OWNER CERTIFICATION This is to certify that Steven Wells and Aiei h Wells (when owner(s) is/are an individuaI(s)) the undersigned, islare the sole owner(s) of the property described above on the date of this a Doeuslunodby: Steven we1'ls ([ ' Mg A1e‘igh we'| ‘Is tum fféiure 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) Agents Signature Date received Total Fees Collected Received by Page 9 of 10  Agenda Item #4.4.1. Docuslgn Envelope ID: SOFFFBO3-7D04-4BBF-AAE4-3BEB8451 E653 ZONE V LOT 8' OF MOlSTURE This drawing is for illustration CONDlTl0Nll\lG purposes only and is not 30539 ‘'0 WARD REQU|RED “’°°° FE”: intended to represent the exact location of what may actually be constructed. For 20' REAREUIJJINGUNE the exact location of all improvements, please refer 780.69 L 0' — .. to the survey that will be r ' ' furnished at closing. I X E 750.51 _ E"? ,80.38 ‘>- :,E / 779.21 §§ 3 780.07 E8 2B._B. 14'— COVERE DPATIO 77806 38 5% 'i’% 55 7' BUILDJNGUN E5 _‘ . I "‘-9: 4 as - ;e:.:J-..%%¢,*°m2~.E , U- 9. 5% cuxssucFA ‘.3 4I_‘ REVERSE ‘B :1" m -D; I V" ‘ FP - 750.9 rr - 751.7 , BOARDTO BOARD ‘MDODFDCCE 7' aunnmc UNE __ . l -._1,- 3 6' HT. BOARD ON ammo woonFENCE I ' én I_mN '1' 5 6' HT. BOARDON BOARD WOODFBQCE 2:1 I Ifs" Laz- 14'—1o' ' ., .5’ aunmmcwe ‘-3’ ‘ /25' \ ' 777 .49 l IX 5 779.24 \ .. \ . E94|"l’ UTILITY \ K 5 A mg 70:: s.r. 315535:50 BAH-_!ZL_L.E._ an BROADLEAFWA R.O.W. Y 4*-N _, DC qr’ (10 ' 775.81 5' CDNC. WAL K l ' FIREHYDRANT 3( ‘15'2.4i2-ID LD‘lrLm2E: SF. s.r. coucnersCOVERAGE:o.oo mm.-4279 §,§ 2; x 582 BROADLEAFWAY PERRY HOMES DESIGN t°‘= O6 ' ' S" ' -—:nu-runvuuar- RCR 5 8: INTERIORS ARCHITECTURE ASLET‘TEXAS 794025 F.0. Box 34305 HOUSTON, TEXAS 1' = 20'-0” Page 10 of 10