The Board of Adjustment

CITY OF HORSESHOE BAY BOARD OF ADJUSTMENT Notice is hereby given to all interested members of the public that the Horseshoe Bay Board of Adjustment will hold a Public Meeting beginning at 4:00 p.m., on Tuesday, July 17, 2018 in the Police Department Training Room at City Hall, #1 Community Drive, Horseshoe Bay, Llano County, Texas. The agenda for the Public Meeting is to discuss and/or act on the following: 1. Call the Meeting to Order and Establish a Quorum 2. Pledges to the Flags 3. Approval of the Minutes of the January 30, 2018 Regular Meeting 4. Public Hearing, Discussion, and Action on a Request by Curtis and Melody Seidlits for a 5-foot Variance in the 25-foot front yard setback requirement of Section 14.02.406(b)(3)(A) of the Zoning Ordinance for Lot Number 17027-A of Horseshoe Bay Plat No. 17.11 also known as 119 Boot Hill to allow an awning to be constructed 5. Public Hearing, Discussion, and Action on a Request by Brian Turrentine for a 10-foot Variance in the 25-foot front yard setback Requirement of Section 14.02.406(b)(3)(A) and a 5-foot variance in the 7-foot wall height limit of section 14.02.402(a)(5) of the Zoning Ordinance for Lot Number 25013 of Horseshoe Bay Plat No. 25.1 also known as 114 Keel Way to allow a retaining wall with stairs to be constructed 6. Adjournment Eric W. Winter, Development Services Dir. The Board of Adjustment may go into closed session, if necessary and appropriate, pursuant to the applicable section of the Texas Open Meetings Act, Texas Government Code, Chapter 551, Subchapter D, on any matter that may come before the Board that is listed on the Agenda and for which a closed session is authorized. No final action, decision, or vote will be taken by the Board on any subject or matter while in closed session. Any action, decision or vote will be taken by the Board only in open meeting.  CITY OF HORSESHOE BAY BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING January 30, 2018 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 January 30, 2018, 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 2. Pledges to the Flags: The pledges were led by Chairman David Pope. 3. Approval of the Minutes of the December 19, 2017 Regular Meeting: Jim Babcock made a motion to approve the minutes as written, seconded by Lee Peterson. The motion was approved unanimously. (5-0) 4. Election of Vice-Chairman David Pope made a motion to reappoint Jim Babcock as Vice-Chairman of the Board of Adjustment, seconded by Frank Gracely. The motion was approved unanimously. (5-0) 5. Public Hearing, Discussion, and Action on a Request by Clifford Grubbs for a 10 Foot Variance in the 25 Foot Front Yard Setback Requirement of Section 14.02.406(b)(3)(A) of the Zoning Ordinance for Lot Number W21037 of Horseshoe Bay West Plat No. 21.4 located in the 900 Block of Sun Ray Assistant Planner David Aldridge presented a staff report which recommended approval of the Variance as requested. Frank Gracely noticed that the curve of the street was somewhat more severe than depicted, but neighbors indicated no concern about sightlines. Consensus was that the request was minimal and reasonable. Frank Gracely made a motion to approve the Variance request, seconded by Jim Babcock. The motion was approved unanimously. (5-0) City of Horseshoe Bay Board of Adjustment Meeting December 19, 2017 Page 1 of 2 6. Approval of 2018 Schedule Frank Gracely made a motion to change all future meeting times to 4:00 p.m., seconded by Jim Babcock. The motion was approved unanimously. (5-0) David Pope made a motion to accept the 2018 meeting schedule with changes, seconded by Frank Gracely. The motion was approved unanimously. (5-0) 7. Adjournment Jim Babcock made a motion to adjourn the meeting, seconded by Frank Gracely. Chairman David Pope adjourned the meeting at 3:16 p.m. APPROVED this 17th day of July, 2018. CITY OF HORSESHOE BAY, TEXAS _____________ ______________ David Pope, Chairman ATTEST: ________________________________ Eric W. Winter, Development Services Director City of Horseshoe Bay Board of Adjustment Meeting January 30, 2018 Page 2 of 2  Item # ______ CITY OF HORSESHOE BAY JULY 17, 2018 To: Board of Adjustment Thru: Stan R. Farmer, City Manager From: David L. Aldridge III, Assistant Planner Re: Discuss, consider, and take action on BOA Case No. 2018-02, a request for approval of a 5-foot Variance in the 25-foot front yard setback on Lot No. 17027-A of Horseshoe Bay Plat No. 17.11 also known as 119 Boot Hill /Curtis and Melody Seidlits, Applicant The owner is requesting approval of a 5-foot Variance in the 25-foot front yard setback for Lot 17027-A in Horseshoe Bay Proper also known as 119 Boot Hill. The purpose of the Variance is to allow a new awning at the entrance of the home as part of an extensive remodel. The Board of Adjustment can only grant a variance after holding a public hearing on the request and finding that: 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of the land. The applicant states: “No.” Staff’s review found that to be the case. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states: “Yes.” Staff’s review found that to be the case. 3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area. The applicant states that: “It will not be detrimental to the public.” Staff’s review found that to be the case. 4. That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this article. The applicant states that: “It will not prevent the orderly use of other land.” Staff has no issue with this. 5. That the granting of the variance constitutes a minimal departure from this article. The applicant states that: “The awning is a minimal departure from this ordinance.” Staff’s review found that to be the case. 6. That the subject circumstances or conditions are not self-imposed, are not based solely on economic gain or loss, and do not generally affect most properties in the vicinity of the property. The applicant states that: “The awning addition will not affect the properties in the vicinity.” Staff received several calls from concerned neighbors. Mr. Tim Davis of 114 Boot Hill was concerned that the property was already very close to the street, and Rick Satrie of 116 Boot Hill concurred. Mr. Dan Black of 115 Boot Hill expressed concerns as well and requested a copy of all application materials. The Horseshoe Bay Architectural Control Committee has approved the Variance. Based on the above review, staff recommends approval of the attached Variance Approval Form. Enclosures: Aerial Photo Zoning Map Site Plan Variance Approval Form  BOA CASE NO. 2018-01 119 BOOT HILL E CIR D HIS O COC MR W NI BANK GERONIMO BO OR OT RED CH R HILL S N TD RUNNING SAIL A OIN RI O BEAR BRO P D A K G K ARR EN HT E D OW ILIG R TO TW LN ST AN AR INDI T NT O KE BO PORT DUFFER E AR WA L REQUEST FOR VARIANCE: PAIN USON RD Y D HERON 5 FEET FROM 25 FOOT COVE FERG FRONT YARD SETBACK B IG N CR N EAGLE UR BO OS E DE RT LOT NO. 17027-A SP W S CL E E ID HO H C SHO IT HORSESHOE BAY PROPER P UR & IR R C FI A N EE CU NORTH ERN S I HR C N E FR I N CIR AKA 119 BOOT HILL IO D RE BOOT LEGEND HILL 119 BOOT HILL & BO H OT Feet IL 0 50 100 L ±*** Cartographic Data For General Planning Purposes Only *** Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet 07/09/18  BOA CASE NO. 2018-01 119 BOOT HILL S CAPTAIN SI TT ROW Lake Lyndon BU ING LL B Johnson THIR D SID IR REQUEST FOR VARIANCE: IS EC 5 FEET FROM 25 FOOT OCH BROKEN C D FRONT YARD SETBACK RO LOT NO. 17027-A M HORSESHOE BAY PROPER NI ARROW AKA 119 BOOT HILL O LEGEND GERONIM BO R-2 TWO- 119 BOOT HILL HI OT FAMILY RESIDENTIAL LL A-1 DUPLEX RECREATIONAL R-1 SINGLE- FAMILY R-6 RESIDENTIAL RUNNING TOWNHOUSE BEAR TW H IG IL N L T ST ON AR Feet GUS BO FE R 0 195 390 AR RD N RE D K R IAN SA D TO ± A O ED IND IL S G NT TO ID PAI KEE L R WAY *** Cartographic Data For General Planning Purposes Only CROSS *** HI CIRCLE Coordinate System: N BOW NAD 1983 StatePlane Texas Central FIPS 4203 Feet 07/09/18  City of Horseshoe Bay Zoning Variance VA 2018-2 On the 17th day of July, 2018, the foregoing application of Curtis and Melody Seidlits for a Variance with regard to the property described in said application, known as Lot No. 17027-A of Horseshoe Bay Plat No. 17.11 and the requested 5-foot Variance in the 25-foot front yard setback, was heard and considered by the Board of Adjustment of Horseshoe Bay, Texas. Said application having been found to be in compliance with all other requirements of the City's Zoning Ordinance and a public hearing having been conducted, said application is hereby approved and the following findings are made and incorporated into the minutes of the meeting at which the 5-foot Variance from the 25-foot front yard setback of Section 14.02.406(b)(3)(A) was granted to allow an awning to be built: 1. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of the City's Zoning Ordinance would deprive the applicant of the reasonable use of the land; 2. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3. Granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; 4. Granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of the Zoning Ordinance; 5. Granting of the variance constitutes a minimal departure from the Zoning Ordinance; 6. The subject circumstances or conditions are not self-imposed, based solely on economic gain or loss, or generally affect most properties in the vicinity of the property. APPROVED on this, the 17th day of July, 2018 by a vote of the Board of Adjustment of the City of Horseshoe Bay, Texas. CITY OF HORSESHOE BAY, TEXAS ______________________________ David Pope, Chairman ATTEST: ______________________________ Eric W. Winter, Development Services Director STATE OF TEXAS § COUNTY OF LLANO § The foregoing instrument was acknowledged before me this ____ day of _____________, 2018, by David Pope, known to me to be the Chairman of the City of Horseshoe Bay Board of Adjustment. _____________________________ Kerri Craig, Notary Public Seal My commission expires 9/3/2018  Item # ______ CITY OF HORSESHOE BAY JULY 17, 2018 To: Board of Adjustment Thru: Stan R. Farmer, City Manager From: David L. Aldridge III, Assistant Planner Re: Discuss, consider, and take action on BOA Case No. 2018-03, a request for approval of a 10- foot Variance in the 25-foot front yard setback and a 5-foot Variance in the 7-foot wall height limit on Lot No. 25013 of Horseshoe Bay Plat No. 25.1 also known as 114 Keel Way /Brian Turrentine, Applicant The owner is requesting approval of a 10-foot Variance in the 25-foot front yard setback and a 5-foot Variance on the 7-foot wall height limit for Lot 25013 in Horseshoe Bay Proper also known as 114 Keel Way. The purpose of the Variance is to allow a 12-foot retaining wall with stairs and access to a courtyard from the front yard to be constructed as part of a new single-family residence. The Board of Adjustment can only grant a variance after holding a public hearing on the request and finding that: 1. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of the land. The applicant states: “The retaining wall allows for natural light for the lower bedrooms and the steps allow access from the front yard to the courtyard.” Staff has no issue with this. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states: “The retaining wall also makes use of outdoor spaces in the lower courtyard and the steps provide access from the front yard to the lower courtyard.” Staff has no issue with this. 3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area. The applicant states that: “The retaining wall has been designed by a structural engineer and will have a railing for safety and a side handrail at the steps.” Staff has no issue with this. 4. That the granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this article. The applicant states that: “The retaining wall and steps will be on the property and will not have an adverse effect on other properties.” Staff has no issue with this. 5. That the granting of the variance constitutes a minimal departure from this article. The applicant states that: “The wall will be 12’ in height which exceeds current standards by 5’ and extends into the front yard setback by 10’ eastward.” Staff has no issue with this. 6. That the subject circumstances or conditions are not self-imposed, are not based solely on economic gain or loss, and do not generally affect most properties in the vicinity of the property. The applicant states that: “The purpose of wall is to take up a significant grade change on the property and allow  natural light into the lower bedrooms and provide access from the front yard to the courtyard.” Staff has no issue with this. The Horseshoe Bay Architectural Control Committee has approved the Variance. Based on the above review, staff recommends approval of the attached Variance Approval Form. Enclosures: Aerial Photo Zoning Map Site Plan Variance Approval Form  BOA CASE NO. 2018-03 114 KEEL WAY OD W BANK NIMR HORSESHOE GERONIMO T O O LL OR B I RED CH R AN D AN INT D H RUNNING SAILS ISL DR BAY BLVD BEAR BR PO IN O COVE ON A R KE D ST HT PA IAN RO N GUS AR IN W ILIG BO W H TO TW LN FER RD IG NT T AR D O KE E WA L PORT IL N OASIS TW L RID O Y GE AK HERON DR HA COVE R T REQUEST FOR VARIANCE: CR LI BO G R HT BO OS N 15 FEET FROM 25 FOOT BIG W S E N CL DE RT FRONT YARD SETBACK RN IR ID HO SHO UIT SPU O LOT NO. 25013 I C H C C FAL E EE BUF TERN WES PUR H FR IN CIR HORSESHOE BAY PROPER RIO RE E S FM 2147 & FIR CE N AKA 114 KEEL WAY DA LEGEND 114 KEEL WAY & Feet 0 50 100 KEEL WAY ±*** Cartographic Data For General Planning Purposes Only RE *** SA D Coordinate System: IL NAD 1983 StatePlane Texas S Central FIPS 4203 Feet 07/09/18  BOA CASE NO. 2018-03 114 KEEL WAY BO HI OT LL RED S REQUEST FOR VARIANCE: SAIL 15 FEET FROM 25 FOOT FRONT YARD SETBACK LOT NO. 25013 OR HORSESHOE BAY PROPER BRO T CH R AKA 114 KEEL WAY K H AN T D ARR EN IG IN LEGEND OW IL N PO TW L 114 KEEL WAY R-1 SINGLE- FAMILY RESIDENTIAL A-1 RECREATIONAL R-4 MULTI- FAMILY ST CA COMMON RESIDENTIAL AR AREA BO R-6 M-1 MARINA TOWNHOUSE AR WITH PDZAs O KEEL D NT TO WAY RE D SA I LS Feet 0 162.5 325 COVE EN ± K W O O AN HERON R CR DI T B RR OS IN AIN BO S A HI C P W IRCL *** E Cartographic Data For General N Planning Purposes Only FRE E *** REI Coordinate System: N NAD 1983 StatePlane Texas Central FIPS 4203 Feet 07/09/18  City of Horseshoe Bay Zoning Variance VA 2018-3 On the 17th day of July, 2018, the foregoing application of Brian Turrentine for a Variance with regard to the property described in said application, known as Lot No. 25013 of Horseshoe Bay Plat No. 25.1 and the requested 10-foot Variance in the 25-foot front yard setback and a 5-foot Variance in the 7-foot wall height limit, was heard and considered by the Board of Adjustment of Horseshoe Bay, Texas. Said application having been found to be in compliance with all other requirements of the City's Zoning Ordinance and a public hearing having been conducted, said application is hereby approved and the following findings are made and incorporated into the minutes of the meeting at which the 10-foot Variance from the 25-foot front yard setback of Section 14.02.406(b)(3)(A) and the 5-foot Variance from the 7-foot wall height limit of Section 14.02.402(a)(5) was granted to allow a retaining wall with stairs to be constructed: 1. There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of the City's Zoning Ordinance would deprive the applicant of the reasonable use of the land; 2. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3. Granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; 4. Granting of the variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of the Zoning Ordinance; 5. Granting of the variance constitutes a minimal departure from the Zoning Ordinance; 6. The subject circumstances or conditions are not self-imposed, based solely on economic gain or loss, or generally affect most properties in the vicinity of the property. APPROVED on this, the 17th day of July, 2018 by a vote of the Board of Adjustment of the City of Horseshoe Bay, Texas. CITY OF HORSESHOE BAY, TEXAS ______________________________ David Pope, Chairman ATTEST: ______________________________ Eric W. Winter, Development Services Director STATE OF TEXAS § COUNTY OF LLANO § The foregoing instrument was acknowledged before me this ____ day of _____________, 2018, by David Pope, known to me to be the Chairman of the City of Horseshoe Bay Board of Adjustment. _____________________________ Kerri Craig, Notary Public Seal My commission expires 9/3/2018