The Board of Adjustment

CITY OF HORSESHOE BAY BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING July 17, 2018 The Board of Adjustment of the City of Horseshoe Bay held a Regular Meeting at City Hall, in the Police Department Training Room located at #1 Community Drive, Horseshoe Bay, Llano County, Texas, on July 17, 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 4:00 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 Absent Board Member Frank Gracely 2. Pledges to the Flags: The pledges were led by Chairman David Pope. 3. Approval of the Minutes of the January 30, 2018 Regular Meeting: Jim Babcock made a motion to approve the minutes as written, seconded by Lee Peterson. The motion was approved unanimously. (4-0) 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 Darren Grey, the builder, spoke on behalf of the owner regarding a 5-foot variance request for 119 Boot Hill. He explained that the planned fixture was more of a door cover than an awning. The house itself is already encroaching the front yard setback and neighbors at 114 and 116 Boot Hill expressed their opposition on these grounds prior to the meeting. Another neighbor, the owner of 115 Boot Hill, thought the request was minimal and offered his blessing. Jim Babcock made a motion to approve the Variance request, seconded by Ellaine Waddill. The motion was approved unanimously. (4-0) City of Horseshoe Bay Board of Adjustment Meeting July 17, 2018 Page 1 of 3 5. Public 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: Brian Turrentine presented his request for a 5-foot variance on wall height at 114 keel Way. He explained that there is a 12-foot elevation dip from the water to the front of the house. The purpose of the retaining wall would be to create a courtyard where natural light can enter bedrooms on the first floor. The wall would include stairs. This area will mostly be obstructed from the right-of-way. Lee Peterson made a motion to approve the Variance request, seconded by Jim Babcock. The motion was approved unanimously. (4-0) 6. Continued discussion of meeting times: Lee Peterson and Elaine Waddill proposed a return to a 3:00 p.m. meeting start time. The later start date is less compatible with their schedule, and the other board members did not disagree. Ellaine Waddill made a motion to change all future meeting times to 3:00 p.m., seconded by Lee Peterson. The motion was approved unanimously. (4-0) 7. Adjournment Jim Babcock made a motion to adjourn the meeting, seconded by Elaine Waddill. Chairman David Pope adjourned the meeting at 4:22 p.m. APPROVED this 23rd day of October, 2018. CITY OF HORSESHOE BAY, TEXAS _____________ ______________ David Pope, Chairman City of Horseshoe Bay Board of Adjustment Meeting January 30, 2018 Page 2 of 3 ATTEST: ________________________________ Eric W. Winter, Development Services Director City of Horseshoe Bay Board of Adjustment Meeting January 30, 2018 Page 3 of 3  Item # ______ CITY OF HORSESHOE BAY OCTOBER 23, 2018 To: Board of Adjustment Thru: Stan R. Farmer, City Manager From: Eric Winter, Development Services Director Re: Discuss, consider, and take action on BOA Case No. 2018-04, a request for approval of an 11.5- foot Variance in the 15-foot front yard setback on Lot No. 12068-A of Horseshoe Bay Plat No. 12.15 also known as 100 Lighthouse /Randy Cate, Applicant The owner is requesting approval of an 11.5-foot Variance in the 15-foot front yard setback on Lot No. 12068-A of Horseshoe Bay Plat No. 12.15, also known as 100 Lighthouse. The purpose of the Variance is to allow a portion of a preexisting nonconforming fence to remain after the majority of the fence is removed and rebuilt behind the setback. The Board of Adjustment can only grant a variance after holding a public hearing on the request and finding that: a) 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 proposed location of the fence would help protect an 18” Live Oak tree as the fence would remain in the same location as the existing fence.” Staff has no issue with this. b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states: “The proposed location of the fence maintains the street scape to align with neighbors’ wall/fence and is in keeping with continuity of the two front yards” Staff’s review found that to be the case. c) 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 proposed location of the fence matches the existing fence and will not be detrimental to public health, safety or welfare, or injurious to other property within the area” Staff’s review found that to be the case. d) 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 proposed location of the fence will not prevent the orderly use of other land within the area in accordance with the provisions of this ordinance” Staff has no issue with this. e) That the granting of the variance constitutes a minimal departure from this article. The applicant states that: “The proposed location of the fence partially matches the existing fence location and then follows the required setback.” Staff’s review found that to be the case. f) 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 proposed location of the fence will not generally affect most properties in the City” Staff was contacted by Mr. Troy Fraser of 103 Lighthouse with concerns about the Variance. Traffic turning around at the end of the road routinely drive onto his property due to limited space. He insisted that the Variance be worded in a way that ensures no fencing be built any closer than it already is. Staff proposed that the Variance Approval state the footprint of the remaining fence must remain the same, and Mr. Fraser agreed. 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 Photo of Existing Fence  City of Horseshoe Bay Zoning Variance VA 2018-04 On the 23rd day of October, 2018, the foregoing application of Randy Cate for a Variance with regard to the property described in said application, known as Lot No. 12068-A of Horseshoe Bay Plat No. 12.15 and the requested 11.5-foot Variance in the 15-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 11.5-foot Variance from the 15-foot front yard setback of Horseshoe Bay Plat No. 12.15 was granted to allow a 19-foot remainder of a partially demolished preexisting nonconforming fence to remain in the front yard setback provided its current location remains unchanged: 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 23rd day of October, 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  BOA CASE NO. 2018-04 100 LIGHTHOUSE ON GIDE L A K E LY N D O N B J O H N S O N E US REQUEST FOR VARIANCE: HO 11.5 FEET FROM 15 FOOT HT FRONT YARD SETBACK LI G LOT NO. 12068-A HORSESHOE BAY PROPER & AKA 100 LIGHTHOUSE LEGEND 100 LIGHTHOUSE & Feet 0 60 120 NO RE TURN ±*** Cartographic Data For General Planning Purposes Only *** Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet 10/23/18  BOA CASE NO. 2018-04 100 LIGHTHOUSE R LIGHTH OUSE EA H N RT N O REQUEST FOR VARIANCE: 11.5 FEET FROM 15 FOOT FRONT YARD SETBACK LOT NO. 12068-A HORSESHOE BAY PROPER E ON AKA 100 LIGHTHOUSE GI D LEGEND FERGUSO N A-1 R-4 MULTI- RECREATIONAL FAMILY RESIDENTIAL R-1 SINGLE- 100 FAMILY LIGHTHOUSE NO RET RESIDENTIAL URN L A K E LY N D O N B J O H N S O N Feet 0 215 430 ± *** Cartographic Data For General Planning Purposes Only T HE *** CAPE Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet 10/23/18  Item # ______ CITY OF HORSESHOE BAY OCTOBER 23, 2018 To: Board of Adjustment Thru: Stan R. Farmer, City Manager From: Eric Winter, Development Services Director Re: Discuss, consider, and take action on BOA Case No. 2018-05, a request for approval of a 1-foot Variance in the 10-foot parking space width requirement from Section 14.02.406(l)(1) for the unplatted area (Quail Point) of Horseshoe Bay Plat No. 25.1 also known as 107 Twilight /Horseshoe Bay Property Owners Association, Applicant The owner is requesting approval of a 1-foot Variance in the 10-foot parking space width requirement on unplatted area (Quail Point) of Horseshoe Bay Plat No. 25.1 also known as 107 Twilight. The purpose of the Variance is to increase the parking capacity of Quail Point by 15 additional spaces (from 104 to 119) compared to the required 10’ width for spaces, and discourage overflow parking on the street. The Board of Adjustment can only grant a variance after holding a public hearing on the request and finding that: a) 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 facility currently has insufficient parking and emergency vehicle access. During events, overflow parking extends onto streets in the area, further limiting access for emergency vehicles and presenting risk to pedestrians while walking along, and across streets. Applying the standard 9’ wide spaces of most jurisdictional entities, additional parking can be provided to help improve this condition and reduce risk to the public.” Staff has no issue with this, and even though this would be the first approval to reduce the width of parking spaces, no precedent will be set because each Variance application is considered on a case by case basis. b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states: “The variance is necessary to provide additional parking so that the function of the property as a recreational center may continue to be used without potentially putting users of the facility at risk due to inadequate emergency vehicle access and the need to park away from the facility, and traverse streets in the area.” Staff’s review found that to be the case. c) 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: “A significant component of the variance request is to promote the protection of public health, safety or welfare, or injurious to other property within the area.” Staff’s review found that to be the case. d) 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: “By  reducing overflow parking along streets in the area, the result of the variance is intended to improve the orderly use of other land in the area by reducing potential for blocking of personal driveways and promoting better traffic conditions and improved emergency vehicle access.” Staff has no issue with this. e) That the granting of the variance constitutes a minimal departure from this article. The applicant states that: “The variance would not be a significant departure from the intent of the Ordinance since the intent is to provide parking spaces of adequate size. Standard widths for most jurisdictional entities is 9’; consequently, no major deviation from the intent of the Ordinance would occur.” Staff’s review found that to be the case, even though many vehicles of Horseshoe Bay residents are larger than average. f) 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 subject circumstances are based on the limitations of the property size and configuration, are not based any economic considerations, and are expected to positively affect other properties in the area, as well as the community, in general.” 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  City of Horseshoe Bay Zoning Variance VA 2018-05 On the 23rd day of October, 2018, the foregoing application of Horseshoe Bay Property Owners Association for a Variance with regard to the property described in said application, the unplatted portion (Quail Point) of Horseshoe Bay Plat No. 25.1 and the requested 1-foot Variance in the 10-foot parking space width requirement 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 1-foot Variance from the 10-foot parking space width requirement of Section 14.02.406(l)(1) was granted to allow parking spaces with 9 foot widths to be created: 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 23rd day of October, 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  BOA CASE NO. 2018-04 107 TWILIGHT L A K E LY N D O N B J O H N S O N REQUEST FOR VARIANCE: 1 FOOT FROM 10 FOOT PARKING WIDTH REQUIREMENT QUAIL POINT LODGE 107 TWILIGHT & LEGEND T H IG IL 107 TWILIGHT TW & SA IL S RE Feet D 0 60 120 KEEL ST AR BO ±*** Cartographic Data For General Planning Purposes Only AR D *** Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet 10/23/18  BOA CASE NO. 2018-04 107 TWILIGHT N OKE BR ROW TH TH IR AR DS E AP ID EC L A K E LY N D O N W BANK NIMROD REQUEST FOR VARIANCE: B J O H N S O N 1 FOOT FROM 10 FOOT PARKING WIDTH REQUIREMENT S RED QUAIL POINT LODGE 107 TWILIGHT BOOT LEGEND H I LL AILS A-1 PDC-2 PLANNED RECREATIONAL DEVELOPMENT COMMERCIAL C-2 GENERAL COMMERCIAL R-1 SINGLE- IL CA COMMON FAMILY TW AREA RESIDENTIAL ARROW T R-4 MULTI- H M-1 MARINA FAMILY IG WITH PDZAs RESIDENTIAL BROKEN MOR R-6 MORATORIUM TOWNHOUSE N TO 107 TWILIGHT MURC-1 MIXED-USE RESIDENTIAL TO AND COMMERCIAL FOR MARINA KEE VILLAGE L PO Feet IN RT 0 235 470 PA DIA E ± HERON CL IN N I R T H IC BO EN IRCL W H I C *** T SS N OR Cartographic Data For General CR LE SH Planning Purposes Only HI EN FREE IT C CU O E IR R CE D O REIN CIR *** C FI N ID H Coordinate System: CIRCLE I H EC H DA NAD 1983 StatePlane Texas Central FIPS 4203 Feet 10/23/18