The Board of Adjustment

CITY OF HORSESHOE BAY BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING October 23, 2018 The Board of Adjustment of the City of Horseshoe Bay held a Regular Meeting in the City Council Chambers at City Hall, #1 Community Drive, Horseshoe Bay, Llano County, Texas, on October 23, 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 Board Member Frank Gracely 2. Pledges to the Flags: The pledges were led by Chairman David Pope. 3. Approval of the Minutes of the July 17, 2018 Regular Meeting: Jim Babcock made a motion to approve the minutes as written, seconded by Elaine Waddill. The motion was approved unanimously. (5-0) 4. 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 Randall Cate presented his request for an 11.5 foot Variance to allow a portion of a preexisting nonconforming fence to remain after the majority of the fence is removed and rebuilt behind the setback. He said he met with Sam Tarbet and Shan Jenkins a couple months ago and that he wanted to continue the fence past a tree inside the fence to keep it in line with the fence on the adjacent property. It was mentioned that former State Senator Trey Frazier had contacted David and said that his problem was the way the notice was written, which made it sound like the house would be allowed in the 15 foot setback. Jim Babcock made a motion to approve the Variance, seconded by Frank Gracely. The motion passed unanimously (5-0). 5. Discuss, consider, and take action on BOA Case No. 2018-05, a request for approval of a City of Horseshoe Bay Board of Adjustment Meeting July 17, 2018 Page 1 of 2  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: Martin Starry with KC Engineering presented the Horseshoe Bay POA’s request for the 1 foot Variance in parking space width. He stated that the POA had asked him to maximize the number of spaces on the property and retain as many trees as possible. He said that he had 2 options – Option 1 was to remove a number of significant trees; and Option 2 was to reduce the width to 9 feet. He stated that there is no emergency vehicle access at the current parking lot, but there will be with the redesigned lot. He also stated that there were public safety concerns for pedestrians during events when most parking was on the street. Martin stated that the redesign would provide storm water retention for a 2 year, 5 year, 10 year and 25 year flood. POA Board member Frank Hosea stated that the new lot would start in July of 2019 and be completed in the fall of 2019. Frank Gracely made a motion to approve the Variance request, seconded by Lee Peterson. The motion was approved unanimously. (5-0) 6. Adjournment Chairman David Pope adjourned the meeting at 3:18 p.m. APPROVED this 18th day of December, 2018. CITY OF HORSESHOE BAY, TEXAS _____________ ______________ David Pope, Chairman ATTEST: ________________________________ Eric W. Winter, Development Services Director City of Horseshoe Bay Board of Adjustment Meeting October 23, 2018 Page 2 of 2  Item # __4__ CITY OF HORSESHOE BAY DECEMBER 18, 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. 2018-06, a request for approval of a 10- foot Variance in the 25-foot front yard setback requirement of section 14.02.406(B)(3)(A) for Lot No. 41021 of Horseshoe Bay Plat No. 41.1 on the 200 Block of Dalton Circle /Dan and Patricia Gillean, Applicant The owner is requesting approval of a 10-foot variance in the 25-foot front yard setback on Lot No. 41021 of Horseshoe Bay Plat No. 41.1, located on the 200 Block of Dalton Circle. The purpose of the variance is to allow a single-family home to be built toward the front of the lot to avoid the steep terrain at the rear. The owner plans to purchase the adjacent lot to the south, but wants to secure the variance prior to acquisition. 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 lot is very shallow and using the 25’ setback causes the house to stick out over the cliff.” Staff’s review found that to be the case. b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states: “Same as above. Cannot build our home without this variance. “Staff has no issue with this. 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: “Zero effect on the public. Home would still be back 33’+ from the street.” 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: “No effect on other lots.” Staff has no issue with this. e) That the granting of the variance constitutes a minimal departure from this article. The applicant states that: “Very minimal request. Also, other homes on Dalton Circle are built closer to the street.” 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: “Trying to utilize the lot for a normal residence but the lot is very shallow, so we need to back away from the very steep cliff.” 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. 2018-06 200 BLOCK OF DALTON CIR. L A K E LY N D O N B J O H N S O N 47 21 FM E I RCL REQUEST FOR VARIANCE: C 10 FEET FROM 25 FOOT N FRONT YARD SETBACK DA LT LOT NO. 41021 O HORSESHOE BAY PROPER 200 BLOCK OF DALTON CIR. & LEGEND LOT 41021 & ON LT DA E CL CIR Feet 0 62.5 125 IR E ±*** Cartographic Data For General Planning Purposes Only F RE *** SU Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet 12/18/18  BOA CASE NO. 2018-06 200 BLOCK OF DALTON CIR. L A K E LY N D O N B J O H N S O N REQUEST FOR VARIANCE: 10 FEET FROM 25 FOOT FRONT YARD SETBACK LOT NO. 41021 HORSESHOE BAY PROPER 200 BLOCK OF DALTON CIR. 47 21 LEGEND FM A-1 R-1 SINGLE- CIRCL RECREATIONAL FAMILY DALTON RESIDENTIAL C-2 GENERAL COMMERCIAL R-4 MULTI- FAMILY CA COMMON RESIDENTIAL AREA RU N GUI LOT 41021 E GOVERNMENTAL BUNN UTILITY, Y INSTITUTIONAL BISHOPS COURT HI RIDGE RE FI Feet TH R 0 150 300 AN E ± K SU SG IV IN G M OU NT AI *** N Cartographic Data For General Planning Purposes Only *** Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet 12/18/18  City of Horseshoe Bay Zoning Variance VA 2018-06 On the 18th day of December, 2018, the foregoing application of Dan and Patty Gillean for a Variance with regard to the property described in said application, on Lot No. 41021 of Horseshoe Bay Plat No. 41.1, otherwise known as being in the 200 Block of Dalton Circle, and the requested 10-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, 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 requirement of Section 14.02.406(b)(3)(A) was granted to allow a single-family home to be constructed away from a cliff in the back of the property, and that the relief granted should extend to any lot resulting from a replat of Lot No. 41021: 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 18th day of December, 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  Item # __ CITY OF HORSESHOE BAY 2019 BOARD OF ADJUSTMENT PROPOSED MEETING SCHEDULE Date Type Time and Location 1/22/19 Regular BOA Meeting 3:00 p.m. Council Chambers 2/26/19 Regular BOA Meeting 3:00 p.m. Council Chambers 3/26/19 Regular BOA Meeting 3:00 p.m. Council Chambers 4/30/19 Regular BOA Meeting 3:00 p.m. Council Chambers 5/28/19 Regular BOA Meeting 3:00 p.m. Council Chambers 7/2/19 Regular BOA Meeting 3:00 p.m. Council Chambers 7/23/19 Regular BOA Meeting 3:00 p.m. Council Chambers 8/20/19 Regular BOA Meeting 3:00 p.m. Council Chambers 9/24/19 Regular BOA Meeting 3:00 p.m. Council Chambers 10/22/19 Regular BOA Meeting 3:00 p.m. Council Chambers 11/26/19 Regular BOA Meeting 3:00 p.m. Council Chambers 12/17/19 Regular BOA Meeting 3:00 p.m. Council Chambers