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 3:00 p.m., on Tuesday, May 28, 2019 in the City Council Chambers 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. Approval of the Minutes of the February 26, 2019 meeting 3. BOA Case No. 2019-02: Request for approval of a 5-foot Variance from the 25-foot front yard setback requirement of Section 14.02.406(b)(3)(A) for Lot No. W27001 of Horseshoe Bay West Plat No. W27.1, on the 800 Block of Mountain Leather /James Klein, Applicant 4. BOA Case No. 2019-03: Request for approval of a 4.5-foot Variance from the 15-foot height requirement of Section 14.02.419(b)(1)(B) for Lot No. W29016 of Horseshoe Bay West Plat No. W29.1, also known as 207 Wennmohs Pl. /Gary Whillock, Applicant 5. 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 February 26, 2019 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 February 26, 2019, 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 Jim Babcock Vice-Chairman Lee Peterson Board Member Dale Amstutz Board Member Frank Gracely Board Member Mike Thuss 2. Approval of the Minutes of the July 17, 2018 Regular Meeting: Dale Amstutz made a motion to approve the minutes as written, seconded by Lee Peterson. The motion was approved unanimously. (5-0) 3. Discuss, consider, and take action on BOA Case No. 2019-01, a request for approval of a 14-foot Variance in the 25-foot front yard setback requirement of section 14.02.406(b)(3)(A) for Lot No. W21037-A of Horseshoe Bay Plat No. W21.4 on the 900 Block of Sun Ray /SJP Investments, Applicant Clifford Grubbs explained that the amount of relief he previously requested and was granted by the Board was insufficient to ensure the survival of a heritage tree when constructing a home. He consulted an arborist who recommended additional buffer. Assistant Planner David Aldridge read a letter from the HSB POA in which it requested denial of the Variance on the grounds of drainage and aesthetics. Board Member Mike Thuss abstained from speaking as a member of the POA, but agreed with their concerns. Board Member Lee Peterson asked Clifford Grubbs if he was aware of drainage issues, and he said he was not. Mike Thuss asked about his legal liability as a Board Member and the criteria for reaching decisions on requests. Development Services Director Eric Winter briefed him. City of Horseshoe Bay Board of Adjustment Meeting May 28, 2019 Page 1 of 2  Frank Gracely made a motion to approve the Variance as requested, seconded by Lee Peterson. The motion passed by a vote of 4-1, with Mike Thuss voting against. 4. Election of Vice Chairman Dale Amstutz made a motion to elect Lee Peterson Vice-President of the Board of Adjustment, seconded by Mike Thuss. The motion was approved unanimously. (5-0) 5. Adjournment Frank Gracely made a motion to adjourn the meeting, seconded by Dale Amstutz. Chairman Jim Babcock adjourned the meeting at 3:25 p.m. APPROVED this 28th day of May, 2019. CITY OF HORSESHOE BAY, TEXAS _____________ ____________________________ Jim Babcock, Chairman ATTEST: ________________________________ Eric W. Winter, Development Services Director City of Horseshoe Bay Board of Adjustment Meeting May 28, 2019 Page 2 of 2  Item # ____ CITY OF HORSESHOE BAY MAY 28, 2019 To: Board of Adjustment Thru: Stan R. Farmer, City Manager From: David L. Aldridge III, Assistant Planner Re: BOA Case No. 2019-02: Request for approval of a 5-foot Variance from the 25-foot front yard setback requirement of Section 14.02.406(b)(3)(A) for Lot No. W27001 of Horseshoe Bay West Plat No. W27.1 on the 800 Block of Mountain Leather /James Klein, Applicant The owner is requesting approval of a 5-foot Variance in the 25-foot front yard setback on Lot No. W27001 of Horseshoe Bay West Plat No. W27.1, located on the 800 Block of Mountain Leather. The purpose of the Variance is to allow a single-family home to be built closer to the street to avoid a bluff and a drainage easement that runs through the interior of the lot. The Board of Adjustment can only grant a Variance after holding a public hearing on the request and finding that: a) 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: “Relief from the setback is needed to allow a 2,400 sq. ft. home to be built and not enter the drainage easement.” Staff’s review found that to be the case. b) 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 meet or exceed the minimum square footage requirement for a home on the golf course and will preserve as many trees as possible. “Staff has no issue with this. c) 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: “Minimal encroachment approved by POA.” Staff has no issue with this. d) 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: Variance does not interfere with view or use of right-of-way.” Staff has no issue with this. e) The granting of the Variance constitutes a minimal departure from this article. The applicant states that: “Only five feet of relief is being requested.” Staff has no issue with this. f) 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: “There is a natural bluff and drainage easement for water flow.” 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 2019-02 On the 28th day of May, 2019, the foregoing application from James Klein for a Variance with regard to the property described in said application, on Lot No. W27001 of Horseshoe Bay West Plat No. W27.1, otherwise known as being in the 800 Block of Mountain Leather, 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, 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 requirement of Section 14.02.406(b)(3)(A) was granted to allow a single-family home to be constructed closer to the right-of-way to avoid a bluff and drainage easement that cuts through the interior of the property: 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 28th day of May, 2019 by a vote of the Board of Adjustment of the City of Horseshoe Bay, Texas. CITY OF HORSESHOE BAY, TEXAS _____________ ____________________________ Jim Babcock, Chairman ATTEST: ________________________________ Eric W. Winter, Development Services Director  Item # ____ CITY OF HORSESHOE BAY MAY 28, 2019 To: Board of Adjustment Thru: Stan R. Farmer, City Manager From: David L. Aldridge III, Assistant Planner Re: Case No. 2019-03: Request for approval of a 4.5-foot Variance from the 15-foot height requirement of Section 14.02.419(b)(1)(B) for Lot No. W29016 of Horseshoe Bay West Plat No. W29.1 also known as 207 Wennmohs Pl. /Gary Whillock, Applicant The owner is requesting approval of a 4.5-foot Variance from the 15-foot height requirement for a boat dock Lot No. W29016 of Horseshoe Bay West Plat No. W29.1, located at 207 Wennmohs Place. The purpose of the Variance is to allow a nonconforming boat dock to be reconstructed. The new dock is proposed to be at 19.5 feet tall. The Board of Adjustment can only grant a Variance after holding a public hearing on the request and finding that: a) 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: “An update and renovation are needed. The existing structure has rotting issues. The poorly built flat roof does not match the house and is very unpleasant in appearance.” Staff has no issue with this. b) The Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states: “The existing deck needs repair due to decay. The new roof design is aesthetically pleasing and adds value to the property.” Staff has no issue with this. c) 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 Variance only allows aesthetic changes.” Staff has no issue with this. d) 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 Variance is only for reconstruction of what exists.” Staff has no issue with this. e) The granting of the Variance constitutes a minimal departure from this article. The applicant states that: “The existing structure would have required the same Variance.” Staff found this to be the case. f) 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 poor condition and lack of architectural appeal was in place at purchase. This is an effort to repair the dock and match it with the house.” 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 Building Plans/Rendering Variance Approval Form  BOA CASE NO. 2019-03 207 WENNMOHS L A K E LY N D O N B J O H N S O N REQUEST FOR VARIANCE: 4.5 FEET FROM THE 15 FOOT HEIGHT REQUIREMENT LOT NO. W29016 HORSESHOE BAY WEST & 207 WENNMOHS PL. A E LEGEND C PL LOT W29016 S H O M N EN W & Feet 0 45 90 ±*** Cartographic Data For General Planning Purposes Only *** Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet 5/28/19  BOA CASE NO. 2019-03 207 WENNMOHS APPLEHEAD N ISLA REQUEST FOR VARIANCE: CO 4.5 FEET FROM THE 15 FOOT D DR UR T HEIGHT REQUIREMENT LOT NO. W29016 RN HORSESHOE BAY WEST AT 207 WENNMOHS PL. E M LEGEND A-1 R-1 SINGLE- E RECREATIONAL FAMILY AC RESIDENTIAL PL CA COMMON AREA HS R-4 MULTI- MO FAMILY MU-GH MIXED- NN RESIDENTIAL WE USE GARDEN HOME DR LOT W29016 ON NI MI RN DO TE MA T L A K E LY N D O N C B J O H N S O N Feet R ED 0 170 340 LIN LT ± U FA *** Cartographic Data For General DIAGONAL Planning Purposes Only *** Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet 5/28/19  City of Horseshoe Bay Zoning Variance VA 2019-03 On the 28th day of May, 2019, the foregoing application from Gary Whillock for a Variance with regard to the property described in said application, on Lot No. W29016 of Horseshoe Bay West Plat No. W29.1, otherwise known as 207 Wennmohs Place, and the requested 4.5-foot variance from the 15-foot height 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, is hereby approved and the following findings are made and incorporated into the minutes of the meeting at which the 4.5-foot Variance from the 15-foot height requirement of Section 14.02.419(b)(1)(B) was granted to allow a nonconforming boat dock to be reconstructed with a height of 19.5 feet: 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 28th day of May, 2019 by a vote of the Board of Adjustment of the City of Horseshoe Bay, Texas. CITY OF HORSESHOE BAY, TEXAS _____________ ____________________________ Jim Babcock, Chairman ATTEST: ________________________________ Eric W. Winter, Development Services Director