Board of Adjustment

MURPHY BOARD OF ADJUSTMENT AGENDA - AMENDED REGULAR BOARD OF ADJUSTMENT MEETING JANUARY 30, 2025, AT 6:00 PM COUNCIL CHAMBERS 206 NORTH MURPHY ROAD MURPHY, TEXAS 75094 NOTICE is hereby given of a meeting of the Zoning Board of Adjustment of the City of Murphy, Collin County, State of Texas, to be held on January 30, 2025, at Murphy City Hall for the purpose of considering the following items. The Zoning Board of Adjustment reserves the right to meet in Executive Session closed to the public at any time in the course of this meeting to discuss matters listed on the agenda, as authorized by the Texas Open Meetings Act, Texas Government Code, Chapter 551, including §551.071 (private consultation with the attorney for the City); §551.072 (discussing purchase, exchange, lease or value of real property); §551.074 (discussing personnel or to hear Bruce Phelps complaints against personnel); and §551.087 (discussing economic development negotiations). Any Board Member decision held on such matters will be taken or conducted in Open Session following the conclusion of the Executive Session. Khwaja Hassan Board Member 1. CALL TO ORDER Ali Ahmed Board Member 2. ROLL CALL AND CERTIFICATION OF A QUORUM Malkit Sroya Board Member 3. CALL TO ORDER Barrett Bishop 4. PLEDGE OF ALLEGIANCE Board Member 5. ROLL CALL AND CERTIFICATION OF A QUORUM Kimberly Twomey Board Member A. Statement of Officer was administered prior to the meeting - Khwaja Hassan, Kimberly Twomey, Kannan Palappian, Chockkalingam Sultan Syed Lakshmanan, Ahmed Al Hassan, and Bhaskar Garlapati Board Member B. Administer Oath of Office - Khwaja Hassan, Kimberly Twomey, Kannan Palappian, Chockkalingam Lakshmanan, Ahmed Al Hassan, and Bhaskar Garlapati Kannan Palaniappan Alternate 6. INDIVIDUAL CONSIDERATION Chockkalingam Lakshmanan Alternate A. Election of Officers - Chairman Ahmed Al Hassan B. Election of Officers - Vice Chair Alternate C. Consider and/or act on the minutes from the March 26, 2024, Board Bhasker Garlapati Alternate of Adjustment meeting. March 26 BOA Minutes Reagan Rothenberger D. Discuss the Bylaws and the duties, responsibilities, and purpose of Director of Economic and the Board of Adjustment. Reagan C. Rothenberger, AICP, Director of Community Development Community & Economic Development ________________ Bylaws of the Board of Adjustment __ Enabling Ordinance of the Board of Adjustment E. Consider and/or act upon a request for a variance for a fence in the front yard, for property located at 612 Rothschild Lane. Reagan Rothenberger, AICP, Director of Community & Economic Development. (Item to be withdrawn.) Page 1 of 19 7. STAFF UPDATES 8. ADJOURNMENT I certify that this is a true and correct copy of the Murphy Zoning Board of Adjustments Meeting Agenda and that this notice was posted on the designated bulletin board at Murphy City Hall, 206 North Murphy Road, Murphy, Texas 75094; a place convenient and readily accessible to the public at all times, and said notice was posted on January 27, 2025 by 5:00 p.m. and will remain posted continuously for 72 hours prior to the scheduled meeting pursuant to Chapter 551 of the Texas Government Code. Morgan Barclay Planning Administrator In compliance with the American with Disabilities Act, the City of Murphy will provide for reasonable accommodations for persons attending public meetings at City Hall. Requests for accommodations or interpretive services must be received at least 48 hours prior to the meeting. Please contact the City Secretary at 972.468.4011 or kjackson@murphytx.org. Notice of Possible Quorum: There may be a quorum of the Animal Shelter Advisory Committee, the Building and Fire Code Appeals Board, the Capital Projects Advisory Committee, the City Council, the Ethics Review Commission, the Murphy Community Development Corporation, the Murphy Municipal Development District Board, the Park and Recreation Board and/or the Planning and Zoning Commission members who may be present at the meeting, but they will not deliberate on any city or board business. Page 2 of 19  Agenda Item 6. C. MURPHY BOARD OF ADJUSTMENT MINUTES MARCH 26, 2024 AT 6:00 P.M. COUNCIL CHAMBERS 206 NORTH MURPHY ROAD MURPHY, TEXAS 75094 1. CALL TO ORDER Chairman Don Bryant called the meeting to order at 6:00 pm. 2. ROLL CALL AND CERTIFICATION OF A QUORUM BOARD MEMBERS Chairman Don Bryant PRESENT: Vice Chair Amanda Turner Board Member Ali Ahmed Board Member Bruce Phelps Board Member Malkit Sroya . BOARD MEMBERS Board Member Barrett Bishop ABSENT: Board Member Sultan Syed ALTERNATES PRESENT: Alternate Kendra Walden . ALTERNATES ABSENT: Alternate Jerrold Gearhart Alternate Laura Hassan Alternate Frances Stahl 3. PUBLIC COMMENTS 4. INDIVIDUAL CONSIDERATION A. Consider and/or act on the minutes from the January 29, 2024, Board of Adjustment meeting. BOARD ACTION: (Item 4A) APPROVED Bruce Phelps moved to approve Item 4A the minutes from January 29, 2024 Board of Adjustments meeting. Ali Ahmed seconded the motion. For: Unanimous. Absent: Sultan Syed, Barrett Bishop, Jerrold Gearhart, Frances Stahl, Laura Hassan, Jerrold Gearhart, Ketan Parikh, and Jared Mayfield. The motion carried by a vote of 6-0. B. Hold a public hearing and consider and/or act on the application of Dante Darancou, requesting a variance to Section 26.03.003(i) to allow for a 6-foot tall fence in the required front yard where only a 4-foot fence is allowed, for property located at 309 Sycamore Drive, legally described as Lot 27, Block B, Timbers No. 4. BOARD ACTION: (Item 4B) APPROVED Page 3 of 19  Agenda Item 6. C. Page 2 of 2 Board of Adjustment March 26, 2024 Malkit Sroya moved to approved Item 4B variance to Section 26.03.003(i) to allow a 6- foot tall fence in the required front yard. Amanda Turner seconded the motion. For: Unanimous. Absent: Sultan Syed, Barrett Bishop, Jerrold Gearhart, Frances Stahl, Laura Hassan, Jerrold Gearhart, Ketan Parikh, and Jared Mayfield. The motion carried by a vote of 6-0. 5. ADJOURNMENT With no further business, Chairman Don Bryant adjourned the meeting at 0:00 pm. APPROVED BY: ATTEST: ________________________ __________________________________ Chairman Morgan Barclay, Planning Administrator Page 4 of 19  Agenda Item 6. D. BYLAWS OF THE ZONING BOARD OF ADJUSTMENTS MURPHY, TEXAS w Meetings Section 1: Regular meetings of the Zoning Board of Adjustments (the "Board") shall be held on the third Thursday of the month, as needed. Section 2: Special meetings of the Board may be called by the Chairperson (as allowed by State law), or at the request of two members, of which notice shall be given to each member at least 72 hours before the time set. Section 3: A quorum of the Board shall consist of six (6) members. ARTICLE II Membership Section1: The Board shall consist of seven (7) regular members who shall be appointed by a simple majority vote of the City Council, and shall operate in accordance with Sections 211.008 through 211.011 of the Texas Local Government Code, other applicable state laws, the Home Rule Charter and the Code of Ordinances of the City of Murphy, each as amended. Where provisions in these Bylaws are in conflict with any such laws, the conflicting bylaw is hereby repealed to the extent of such conflict. Section 2: The City Council shall provide for the appointment of up to four (4) alternate members to serve in the absence of one or more of the regular Board members on an alternating basis such that all alternate members have equal opportunities to serve on the Board. Section 3: Regular Board members and alternate members shall serve for a term of two (2) years, and expiration of terms shall be staggered so that an overlapping of terms occurs (for example, in any two-year period, the terms of two (2) regular members and two (2) alternate members shall expire during one (1) year, and the terms of three (3) regular members and two (2) alternate member shall expire during the second year). No member shall serve on the Board for more than three (3) completed consecutive terms, exclusive of any unexpired term to which the member may have been appointed to fill due to vacancy on the board. Page 5 of 19  Agenda Item 6. D. Section 4: Any vacancy(s) on the Board, both regular and alternate members, shall be filled for the unexpired term(s) via appointment by a simple majority vote of the City Council for the remainder of the term(s). Section 5: Members of the Board may be removed from office for cause, and after a public hearing, by a simple majority vote of the City Council. Failure to attend three (3) consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member’s control such as sickness of the member or someone within the member’s immediate family. Section 6: The members of the Board, and alternate members, as needed, shall regularly attend meetings and public hearings of the Board, shall serve without compensation, and shall not hold any other office or position with the City while serving on the Board. ARTICLE III Cases Before the Board Section 1: An application to the Board, whether an appeal from an order, decision, or determination of the Building Official or whether for a special exception or for a variance, shall be made on an application form provided by the Director of Community Development. Section 2: All information called for by the application shall be furnished by the applicant in the manner therein prescribed, and all notices shall be given on forms prescribed by the Board. Section 3: The Board shall reject any application unless made on the prescribed form properly completed with all required attachments. Section 4: An application shall be submitted within fifteen (15) days from the date of refusal of a permit by, or date of order, ruling, decision or determination of, the Director of Community Development or the Building Official, as the case may be. Section 5: Any communication purporting to be an application shall be regarded as mere notice to seek relief until an application is made in the form required by these rules. Section 6: Applications made after fifteen (15) days by a person who has notice, constructive or actual, of the decision being appealed shall not be considered by the Board. ARTICLE IV The Docket and Calendar Section 1: Each application filed in proper form with the required information shall be numbered serially, docketed, and shall be placed upon the calendar of the Board by the Secretary. The docket numbers shall begin anew on January 1 of each year and shall Page 6 of 19  Agenda Item 6. D. be hyphenated to begin with the number of the year in which the application is filed. Section 2: All cases docketed shall be automatically set for hearing on the next available meeting day as determined by the Director of Community Development and as allowed by State law. Section 3: Applications shall be heard in the order in which they appear on the calendar, except that an application may be advanced for hearing by order of the Board or at the direction of the Chairperson in order to expedite the disposal of the business before the Board. If all applications cannot be disposed of on the day set, the Board may adjourn from day to day, or until the next regular meeting, as it may order. Section 4: No notice other than that provided for in these rules or by law will be given to applicants or others interested in hearings by the Board. ARTICLE V Hea?ngs Section 1: Hearings shall be held by the Board in the Council Chambers, City Hall, 206 North Murphy Road, Murphy, Texas or at an alternate location as directed by the Chairperson if City Hall is unavailable. Section 2: A quorum for hearing by the Board shall consist of six (6) members, but a lesser number may meet and adjourn a meeting, Section 3: Hearings shall be open to the public. Section 4: The applicant may appear in his or her own behalf or may be represented by agent or attorney. In the absence of any personal appearance on behalf of the application, the Board may proceed to dispose of the matter on the record before it. Section 5: Matters before the Board shall be disposed of in the following order unless othenNise directed by the Chairperson or by motion of the Board: (a) City's introduction of the application (b) Applicant's presentation of the application (c) interested property owner‘s presentation (d) Applicant‘s rebuttal (if desired by the applicant) ARTICLE VI Final Disposition Section 1: In the final disposition of any application, the Board shall affirm, modify or reverse the refusal of a permit by, or any order or decision of, the Director of Community Development or the Building Official, as the case may be. In the case of an application for a variance or special exception, the decision of the Board shall set forth that the application is denied or that it is granted with or without conditions, and shall specifically set forth what variations or special exceptions are permitted and what conditions, if any, shall control. Every application shall be disallowed unless the concurring vote of six (6) members of the Board shall favor the application. The vote of each member present on Page 7 of 19  Agenda Item 6. D. each decision shall be recorded with the decision. Section 2: Any applicant may, in writing, withdraw an application at any time not less than ten days prior to its hearing by the Board. The withdrawal of an application constitutes a forfeiture of the application fee. Section 3: If an application is granted by the Board, all permits necessaly for the prosecution of the work shall be obtained within 3 months from the date of decision by the Board, unless an extension is granted by the Board; otherwise such permission shall be considered void. ARTICLE VII Rehearings Section 1: No rehearing of any decision by the Board shall be had within six (6) months of the date of the Board‘s decision except, (a) upon motion by a member of the Board who was on the prevailing side of the decision sought to be reheard or (b) upon motion by a member of the Board after showing a change of circumstance pursuant to Section 30.02.119(f) of the Comprehensive Zoning Ordinance. Any such motion must be made pursuant to Section 2 below; made and acted upon at the Board‘s next regular meeting, and must be carried by not less than six (6) concurring votes in favor of the rehearing. Section 2: No motion for a rehearing shall be entertained except upon written request for rehearing by the applicant. In the event the motion is approved, the matter will be set for a hearing at the next called meeting of the Board. The fee on the rehearing request shall be same as the initial application fee. Section 3: If a rehearing is granted, the case shall be put on the calendar for a rehearing and new notices issued in accordance with the notice provisions of these rules and the Comprehensive Zoning Ordinance. ARTICLE VIII Precedents Section 1: No action of the Board shall set a precedent for any other action or decision of the Board. Each case shall be decided upon its merits and upon the circumstances attendant thereto. ARTICLE IX Officers Section 1: The Board shall elect a Chairperson and Vice Chairperson annually at the first called meeting after annual appointments have been made by the City Council. Section 2: The Chairperson shall preside at all meetings and hearings of the Board. In the event of the absence or disability of the Chairperson, the Vice Chairperson shall preside. In the event of the absence or disability of the Vice Chairperson, a regular member of the Board shall serve as Chairperson as elected by the Board for that Page 8 of 19  Agenda Item 6. D. meeting only. Section 3: The Chairperson, subject to these rules, the Comprehensive Zoning Ordinance and controlling state law, shall decide all points of procedure unless othen/vise directed by a majority of the Board in session at the time. Section 4: The Chairperson may designate members of the Board to make personal inspections when necessary from time to time and, unless directed by a majority of the Board, shall appoint such committees as may be found necessary. Section 5: The Director of Community Development shall report at each meeting on all official transactions that have not otherwise come to the attention of the Board. Section 6: The Chairperson shall, subject to these rules and further instructions from the Board, transact the official business of the Board, request necessary help, and exercise general disciplinary power over the Board and its members Section 7: The Secretary shall be such person as may be designated by the Director of Community Development who shall designate an Assistant Secretary who shall act in the absence of the Secretary. Section 8: The Secretary, subject to the provisions of the Comprehensive Zoning Ordinance, these rules, and the direction of the Board and its Chairperson, shall conduct all correspondence of the Board; shall send out all notices required by these roles and the order of the Board; shall attend all meetings of the Board and hearings; shall scrutinize all applications to see that these rules are complied with; shall keep the dockets and minutes of the Board‘s proceedings; shall compile all required records; shall maintain the necessary files and indexes and generally supervise all clerical work of the Board. Section 9: The Secretary shall, upon docketing any application, notify any property owner or other person required to be notified under the provisions of the Comprehensive Zoning Ordinance as amended from time to time. Section 10: Upon the docketing of any application, the Director of Community Development or a designated representative shall make a personal inspection of the premises, see that all maps and plats are properly prepared, and be prepared to advise the Board on the physical conditions of the property affected by such application, Section 11: The Director of Community Development or a designated representative shall demand from the applicant such additional information and data as may be required to fully advise the Board, with reference to the application, whether such information and data is called for by the official forms or not. Any failure or refusal on the part of the applicant to furnish such additional information or data shall be grounds for the dismissal of the application by the Board. ARTICLE X Forms Section 1: The Director of Community Development shall prepare and provide such forms as may be necessary and useful in conducting the business of the Board, subject Page 9 of 19  Agenda Item 6. D. to the review of the Board. ARTICLE XI Recordkeeging Section 1: The Secretary shall keep minutes and other records in accordance with state law. ARTICLE XII Resolutions Section 1: Every resolution not othen/vise provided for in these rules shall require a majority vote of the members present at a legally constituted meeting. ARTICLE XIII Ad_vic_e Section 1: No informal requests for advice, or moot questions, will be considered by the Board. Any advice, opinion, or information given by any Board member or the Secretary, or any other official or employee of the City of Murphy, Texas shall not be binding on the Board. The Board shall render its decision only on the facts presented to the Board during the hearing of the matter. Ex parts and personal appeals to members of the Board outside the hearing are not allowed. ARTICLE XIV Order of Business at Regglar Meetings Section 1: The order of business at all regular meetings of the Board shall be as follows: (a) Approval of Minutes of previous meeting (b) Board of Adjustment Requests (0) Miscellaneous Items Section 2: The Chairperson may, with or without a vote of the Board, vary the presentation of the Board's agenda in order to expedite the business of the Board. ARTICLE XV Conflicts of Interest Section 1: Regular and alternate members shall be subject to Conflict of Interest provisions in the state law, Home Rule Charter and Code of Ordinances of the City of Murphy. Section 2: If a regular or alternate member knowingly fails to advise the Board that a conflict of interest exists, that member (regular or alternate) shall be subject to removal from the Board as stated in Article II, Section 5. Page 10 of 19  Agenda Item 6. D. ARTICLE XVI Continuing Education and Training Section 1: All regular members and alternate members shall be required to obtain any necessary certificates required by the State of Texas to serve on the Board and to attend continuing education training on an annual basis. Such training shall be determined on an annual basis by City staff. Any fees for such certificates and continuing education training shall be paid for by the City. Section 2: If a regular or alternate member fails to obtain said certificates or training as referenced in Article XVI, Section 1, that member (regular or alternate) shall be subject to removal from the Board as stated in Article II, Section 5. ARTICLE XVII Amendments Section 1: These rules may be amended or modified (first subject to City Council approval) by an affirmative vote of not less than four (4) members of the Board, provided that such amendment shall be presented in writing at a regular meeting and action taken thereon at a subsequent regular meeting. ARTICLE XVIII Temporary Waiver of Bylaws Section 1: These bylaws may be temporarily waived by a vote of at least 6 of the 7 regular members present if a unique or emergency situation develops. ARTICLE XIX Applicability Any action taken by the Zoning Board of Adjustments or its committees prior to the adoption of the resolution in matters which have not been finally completed by the Zoning Board of Adjustments or final action taken thereon by the City Council shall be unaffected by these bylaws. Imayof Adopted by the Zoning Board of Adjustments, the FWct?zms. mil/5% Board Chairman Page 11 of 19  Agenda Item 6. D. City of Murphy, TX § 30.02.111 § 30.02.112 DIVISION 4 Board of Adjustment (BOA) § 30.02.111. Created. There is hereby created a board of adjustment, hereafter referred to as the “board” for the purpose, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to, to grant variances from and to hear appeals regarding the terms of this chapter that are consistent with the general purpose and intent of this chapter. The board shall be composed of members who are resident citizens, taxpayers and qualified voters of the city. (2006 Code, sec. 86-111; Ordinance 04-05-610, sec. 9.1, adopted 5/17/04) § 30.02.112. Membership; terms of office; officers. (a) The board of adjustment shall consist of seven regular members, who shall be appointed by a simple majority vote of the full city council, and shall operate in accordance with V.T.C.A., Local Government Code secs. 211.008–211.011, as amended, and the home rule charter of the city. (b) The city council shall provide for the appointment of up to four alternate members to serve in the absence of one or more of the regular board members on an alternating basis such that all alternate members have equal opportunities to serve on the board. (c) Regular board members and alternate members shall serve for a term of two years, and expiration of terms shall be staggered so that an overlapping of terms occurs (for example, in any two-year period, the terms of two regular members and two alternate members shall expire during one year, and the terms of three regular members and two alternate members shall expire during the second year). No member shall serve on the board of adjustment for more than three completed consecutive terms, exclusive of any unexpired term to which the member may have been appointed to fill due to vacancy on the board. (d) Any vacancy on the board of adjustment, both regular and alternate members, shall be filled for the unexpired term via appointment by a simple majority vote of the city council for the remainder of the term. (e) Members of the board of adjustment may be removed from office for cause, and after a public hearing, by a simple majority vote of the full city council. Failure to attend three consecutive scheduled meetings shall be deemed as neglect and cause for removal from office, unless such absences were due to unusual circumstances beyond the member’s control such as sickness of the member or someone within the member’s immediate family. (f) The members of the board of adjustment, and alternate members, as needed, shall regularly attend meetings and public hearings of the board, shall serve without compensation, and shall not hold any other office or position with the city while serving on the board. (g) The board of adjustment shall elect a chairperson and a vice-chairperson from among its membership, and each officer shall hold office for one year or until replaced by a simple majority vote of the full board for any reason. The city manager’s designee shall serve as secretary to the board of adjustment, who shall keep minutes of all meetings held by the Downloaded from https://ecode360.com/MU6414 on 2025-01-22 Page 12 of 19  Agenda Item 6. D. City of Murphy, TX § 30.02.112 § 30.02.114 board. The secretary shall also set up and maintain a separate file for each application for hearing by the board of adjustment, and shall record therein the names and addresses of all persons/entities to whom notices are mailed, including the date of mailing and the person by whom such notices were delivered to the post office. All records and files herein provided for shall be permanent and official records of the city. The secretary shall also immediately notify in writing the city council, planning and zoning commission, and the city manager of each decision rendered by the board of adjustment in the conduct of its duties. (h) The board of adjustment shall have the power to make the rules, regulations and bylaws for its own governance, which shall conform as nearly as possible to those rules, regulations and bylaws governing the city council, and the board’s rules, regulations and bylaws shall be subject to approval by the city council. (2006 Code, sec. 86-112; Ordinance 04-05-610, sec. 9.2, adopted 5/17/04) § 30.02.113. Meetings. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board may determine. All meetings of the board of adjustment shall be open to the public, and minutes shall be kept of all proceedings at board meetings. Six members of the board of adjustment shall constitute a quorum for the conduct of business. All cases to be heard by the board of adjustment shall always be heard by at least 75 percent of the members, which constitutes six members. (2006 Code, sec. 86-113; Ordinance 04-05-610, sec. 9.3, adopted 5/17/04) § 30.02.114. Authority. (a) The board of adjustment shall have the authority, subject to the standards established in V.T.C.A., Local Government Code secs. 211.008–211.011 and those established herein, to exercise powers and to perform duties including the following: (1) Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter; and (2) Authorize, in specific cases, a variance (see section 30.02.116) from the terms of this chapter if the variance is not contrary to the public interest and if, due to special conditions, a literal enforcement of the chapter would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done. (b) In exercising its authority under subsection (a)(1) of this section, the board of adjustment may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose the board has the same authority as the administrative official. (c) The concurring vote of at least 75 percent, or six members, of the full board of adjustment is necessary to: (1) Reverse an order, requirement, decision or determination of an administrative official; (2) Decide in favor of an applicant on a matter on which the board is required to review Downloaded from https://ecode360.com/MU6414 on 2025-01-22 Page 13 of 19  Agenda Item 6. D. City of Murphy, TX § 30.02.114 § 30.02.116 under this chapter; (3) Authorize a variance from a provision of this chapter; or (4) Hear and decide special exceptions to a provision of this chapter, as set forth in section 30.02.117. (2006 Code, sec. 86-114; Ordinance 04-05-610, sec. 9.4, adopted 5/17/04) § 30.02.115. Limitations on authority. (a) The board of adjustment may not grant a variance authorizing a use other than those permitted in the district for which the variance is sought, except as provided in section 30.02.117. (b) The board of adjustment shall have no power to grant or modify specific use permits authorized under article 30.05 of this chapter. (c) The board of adjustment shall have no power to grant a zoning amendment. In the event that a request for a zoning amendment is pending before the planning and zoning commission or the city council, the board shall neither hear nor grant any variances with respect to the subject property until final disposition of the zoning amendment by the commission and the city council. (d) The board of adjustment shall not grant a variance for any parcel of property or portion thereof upon which a site plan, construction plat or final plat, where required, is pending on the agenda of the planning and zoning commission and, where applicable, by the city council. All administrative and procedural remedies available to the applicant shall have been exhausted prior to hearing by the board of adjustment. (2006 Code, sec. 86-115; Ordinance 04-05-610, sec. 9.5, adopted 5/17/04) § 30.02.116. Authorization of variances. (a) Generally.The board of adjustment may authorize a variance from these regulations when, in its opinion, unnecessary hardship will result from requiring strict compliance with the terms of this chapter. For example, if the subject property substantially differs from other similarly zoned land parcels by being of such restricted area, shape or slope so that it cannot reasonably be developed in the same manner as other similarly zoned land parcels, then a variance of the building setback, lot/tract width or depth, or parking requirements may be granted. In granting a variance, the board of adjustment shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. In making the findings hereinbelow required, the board of adjustment shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work within the proposed use, and the probable effect such variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community. (b) Public notice and hearing required for variance.No variance shall be granted without providing public notice and holding a public hearing on the variance request in accordance with section 30.02.118 [30.02.119] and the board of adjustment shall make findings: Downloaded from https://ecode360.com/MU6414 on 2025-01-22 Page 14 of 19  Agenda Item 6. D. City of Murphy, TX § 30.02.116 § 30.02.116 (1) That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land; (2) The circumstances or conditions are not economic hardships created by the property owner; (3) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; (4) 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; and (5) That the granting of the variance will not have an adverse effect on surrounding properties, preventing the use and enjoyment of other land within the area in accordance with the provisions of this chapter. Such findings of the board of adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the board meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and that substantial justice may be done. (c) Findings of unnecessary hardship.In order to grant a variance, the board of adjustment must make written findings that an unnecessary hardship exists, using the following criteria: (1) That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property; (2) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; (3) That the relief sought will not injure the permitted use of adjacent conforming property; and (4) That the granting of a variance will be in harmony with the spirit and purpose of this chapter. (d) When variance not granted.A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely upon economic gain or loss, nor shall it permit any person the privilege of developing a parcel of land not permitted by this chapter on other parcels of land in the particular zoning district. No variance may be granted which results in unnecessary hardship upon another parcel of land. (e) Variance for structure.The board of adjustments may consider the following as grounds to determine whether compliance with the ordinance as applied to a structure that is the subject of the appeal would result in unnecessary hardship: (1) The financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the city Downloaded from https://ecode360.com/MU6414 on 2025-01-22 Page 15 of 19  Agenda Item 6. D. City of Murphy, TX § 30.02.116 § 30.02.118 under section 26.01, Tax Code; (2) Compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; (3) Compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; (4) Compliance would result in the unreasonable encroachment on an adjacent property or easement; or (5) The municipality considers the structure to be a nonconforming structure. (2006 Code, sec. 86-116; Ordinance 04-05-610, sec. 9.6, adopted 5/17/04; Ordinance 22-02-1249 adopted 2/1/22) § 30.02.117. Grant of special exceptions for nonconforming uses and structures. Upon written request of the property owner, the board of adjustment may grant special exceptions to the provisions of division 2 of this article, limited to the following, and in accordance with the following standards: (1) Expansion of the land area of a nonconforming use, up to a maximum of ten percent. (2) Expansion of the gross floor area of a nonconforming structure, up to a maximum of ten percent, provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property. (3) Change from one nonconforming use to another, reconstruction of a nonconforming structure that has been totally destroyed, or resumption of a nonconforming use previously abandoned, only upon a finding that the failure to grant the special exception deprives the property owner of substantially all use or economic value of the land. (4) In granting special exceptions under this section 30.02.117, the board of adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the standards of this chapter. (5) The board of adjustment may authorize a special exception for the enlargement, expansion or repair of a nonconforming structure if such enlargement, expansion or repair will improve the condition of the structure, if it will bring the structure closer into compliance with this chapter, or if it will otherwise improve or enhance public health, safety or welfare. (2006 Code, sec. 86-117; Ordinance 04-05-610, sec. 9.7, adopted 5/17/04) § 30.02.118. Appeals. (a) Authority.In addition to the authorization of variances and special exceptions from the terms of this chapter, the board of adjustment shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an administrative official in the enforcement of this chapter. The board of adjustment may Downloaded from https://ecode360.com/MU6414 on 2025-01-22 Page 16 of 19  Agenda Item 6. D. City of Murphy, TX § 30.02.118 § 30.02.119 reverse or affirm, in whole or in part, or may modify the administrative official’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for that purpose, the board has the same authority as the administrative official. (b) Who may appeal.Any of the following persons may appeal to the board of adjustment a decision made by an administrative official: (1) A person directly aggrieved by the decision; or (2) Any officer, department, board or office of the city affected by the decision. (c) Procedure for appeal.The appellant must file with the board of adjustment and the official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The notice of appeal shall be filed within 15 calendar days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board of adjustment all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed. The board of adjustment may hold an expedited hearing in the event the official, from whom the appeal is taken, certifies in writing to the board of adjustment facts supporting the official’s opinion that a stay would cause imminent peril to life or property. The appellant party may appear at the appeal hearing in person, by agent or through an attorney. The board of adjustment shall decide the appeal within 30 calendar days after the written appeal request was received. The board of adjustment may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision or determination from which an appeal is taken, and may make the correct order, requirement, decision or determination. (d) City council member not to bring appeal.A member of the city council may not bring an appeal to the board of adjustment. (2006 Code, sec. 86-118; Ordinance 04-05-610, sec. 9.8, adopted 5/17/04) § 30.02.119. Procedures. (a) Application and fee.An application for a variance, special exception or appeal by the board of adjustment shall be made in writing using forms prescribed by the city, and shall be accompanied by an application fee, as set forth in the currently adopted city fee schedule as printed in appendix A to this code, a site plan, and any other additional information as may be requested in order to properly review the application. Such information may include, but is not limited to, plat plans, site building plans, photographs, topographic contour maps, and other similar documents. All drawings must be to scale. (b) Review and report by the city.The city manager, or his designee, shall visit the site where the application for the proposed variance or special exception would apply and the surrounding area, and shall report his findings to the board of adjustment. (c) Notice and public hearing.The board of adjustment shall hold a public hearing for consideration of the variance or special exception request no later than 45 calendar days after the date the application for action, or an appeal, is filed. Written notice of the public Downloaded from https://ecode360.com/MU6414 on 2025-01-22 Page 17 of 19  Agenda Item 6. D. City of Murphy, TX § 30.02.119 § 30.02.120 hearing for a variance or special exception shall be provided to all property owners, via U.S. mail, within 200 feet of the affected property at least ten calendar days prior to the public hearing. A courtesy notice shall also be sent to properties located outside the 200 feet but within 500 feet of the property for which the variance is sought. Failure on the part of property owners to receive a notice, whose property is located in excess of 200 feet of the property being the subject of such hearing, shall not invalidate the scheduled public hearing process. Notice shall also be published in the official local newspaper before the 15th calendar day prior to the public hearing. (d) Action by the board of adjustment.The board of adjustment shall not grant a variance unless it finds, based upon compelling evidence provided by the applicant, that each of the conditions in section 30.02.116 has been satisfied. The board of adjustment may impose such conditions, limitations and safeguards as it deems appropriate upon the granting of any variance or special exception as are necessary to protect the public health, safety, convenience and welfare. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter. (e) Burden of proof.The applicant bears the burden of proof in establishing the facts that may justify a variance, a special exception, an appeal, or any other action in his favor by the board of adjustment. (f) Waiting period.No appeal to the board of adjustment for the same or a related variance or special exception on the same piece of property shall be allowed for a period of six months following an unfavorable ruling by the board unless other property in the immediate vicinity has, within the six-month waiting period, been changed or acted upon by the board or the city council so as to alter the facts and conditions upon which the previous unfavorable board action was based. Such changes of circumstances shall permit the rehearing of a variance or special exception request by the board of adjustment, but such circumstances shall in no way have any force in law to compel the board, after a hearing on the matter, to grant a subsequent variance or special exception request. Any subsequent variance or special exception request shall be considered entirely on its own merits and on the specific circumstances related to the subject property. (g) Timeliness of application for building permit or certificate of occupancy.Upon a favorable board of adjustment action on a variance or special exception request, the applicant shall apply for a building permit or a certificate of occupancy, as applicable to his particular situation, within three months following the date of board action, unless the board specifies a longer time period in the minutes of its action. If the applicant fails to apply for a building permit or certificate of occupancy, as applicable, within the three-month time frame, then the special exception shall be deemed to have been waived, and all rights thereunder shall be terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulations and requirements for hearing as herein specified for the original variance or special exception request. (2006 Code, sec. 86-119; Ordinance 04-05-610, sec. 9.9, adopted 5/17/04; Ordinance 18-01-1075 adopted 1/16/18) Downloaded from https://ecode360.com/MU6414 on 2025-01-22 Page 18 of 19  Agenda Item 6. D. City of Murphy, TX § 30.02.120 § 30.02.121 § 30.02.120. Finality of decisions; judicial review. All decisions of the board of adjustment are final and binding. However, any person aggrieved by a decision of the board of adjustment may present a verified petition to a court of record which states that the decision of the board is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition must be presented within ten calendar days after the date the board of adjustment’s decision is filed in the city secretary’s office. (2006 Code, sec. 86-120; Ordinance 04-05-610, sec. 9.10, adopted 5/17/04) § 30.02.121. through § 30.02.150. (Reserved) Downloaded from https://ecode360.com/MU6414 on 2025-01-22 Page 19 of 19