The Board of Adjustment

CITY OF HORSESHOE BAY BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING December 19, 2017 The Board of Adjustment of the City of Horseshoe Bay held a Regular Meeting at City Hall, in the City Council Chambers located at #1 Community Drive, Horseshoe Bay, Llano County, Texas, on December 19, 2017, in accordance with the duly posted notice of said meeting. The posted agenda for this meeting is made a part of these minutes by attachment and the minutes are herewith recorded in the order the agenda items were considered, with the agenda subject and item number shown preceding the applicable paragraph. 1. Call the Meeting to Order and Establish a Quorum: The meeting was called to order at 3:00 p.m. by Board Chairman David Pope with a quorum of Board members present as follows: Present Chairman David Pope Vice-Chairman Jim Babcock Board Member Lee Peterson Board Member Elaine Waddill Board Member Frank Gracely Also in attendance were Greg Mayes, Ken Lindgren, and Kurtis Singleton. 2. Pledges to the Flags: The pledges were led by Chairman David Pope. 3. Approval of the Minutes of the October 24, 2017 Regular: Frank Gracely abstained due to absence from this meeting. Lee Peterson made a motion to approve the minutes as written, seconded by Elaine Waddill. The motion was approved unanimously. (4-0) 4. Public Hearing, Discussion and Action on a Request by Ken Lindgren for a 5 Foot Variance in the 20 foot front yard setback requirement of Section 14.02.408(b)(3)(A) of the Zoning Ordinance for Lot Number PC350 of Pecan Creek Plat No. 1.1 located in the 400 Block of Lucy Lane: Development Services Director Eric Winter presented a staff report which recommended approval of a Variance to accommodate the owner’s previously designed single-family residence. Ken Lindgren, owner, voiced his support for approval. Frank Gracely inquired if such an accommodation would set a precedent for future requests in the same neighborhood. Eric Winter stated that approval by the Board does not automatically create a precedent because each request is reviewed on a case by case basis. Jim Babcock made a motion to approve the Variance request, seconded by Frank Gracely. The motion was approved unanimously. (5-0) City of Horseshoe Bay Board of Adjustment Meeting December 19, 2017 Page 1 of 3 5. Public Hearing, Discussion and Action on a Request by Jay and Colleen Perez for approval of a Variance to allow two walls that were not on the original approved building plans to be considered legal and to encroach 5.1 feet into the 10 foot utility easement which is also 10.1 feet into the 15 foot utility easement per Section 14.02.402(a)(11) of the Zoning Ordinance for Lot Number W28031-A of Horseshoe Bay West Plat No. W28.31A, also known as 201 Mountain Leather: Eric Winter presented a staff report which recommended approval of a Variance to make two unauthorized walls that encroach into easements be considered legal. The case represents the continued efforts of Singleton Roofing and Remodeling to rectify the substandard construction methods of the prior builder. Kurtis Singleton and Greg Mayes spoke in favor of the Variance. Mr. Mayes made note of an error in the public notice published by The Highlander that was subsequently corrected in a later issue. Responding to questions about the history of the property, Kurtis Singleton explained that the original plans showed the property as being 5 feet further back than it was built. The prior builder, anticipating a future pool, extended a stem wall to act as a bulkhead for the back of the pool. This was done without approval from the homeowners, nor the City. Mr. Singleton listed some of the extensive work needed to bring the structure up to standard, including replacing most of the electrical, plumbing and sheet rock, and correction of a 4.5 inch slope on a 16 foot deep porch. The magnitude of the remodeling has caused significant financial stress to the owner. A temporary Certificate of Occupancy was issued, and the project is on schedule. Chairman David Pope expressed concern at re-permitting projects without some inspections taking place. Director Winter assured that a re-permit inspection would be considered. Board consensus was that, despite approval of the Variance, the lack of due diligence by the owner furthered the damage caused by the builder’s shortcomings, and the onus lies with owners to monitor the progress of construction. Frank Gracely made a motion to approve the Variance request, seconded by Elaine Waddill. The motion was approved unanimously. (5-0) 6. A d j o u r n m e n t : The meeting was adjourned at 3:50 p.m. City of Horseshoe Bay Board of Adjustment Meeting December 19, 2017 Page 2 of 3  APPROVED this 30th day of January, 2018. CITY OF HORSESHOE BAY, TEXAS _____________ ______________ David Pope, Chairman ATTEST: ________________________________ Eric W. Winter, Development Services Director City of Horseshoe Bay Board of Adjustment Meeting December 19, 2017 Page 3 of 3