Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the March 25, 2014 Meeting Members Present: Mr. Ralph Brown Chair Ms. Shirley Childress Vice Chair Mr. Eddie Carrillo Secretary Mr. Toby Gross Member Mr. Riley Armstrong Member Mr. Bruce Gwartney Member Members Absent: Mr. David Storey Member Council Present: None Staff Present: Mr. Louis Najar City Engineer Ms. Barbara Patterson City Attorney Mr. Louis Jaramillo Zoning Administrator Ms. Amber Copeland Zoning Technician Others Present: None CALL TO ORDER Chair Brown called the meeting to order and asked those who wished to speak to sign in. AGENDA Ms. Childress made a motion to approve the agenda as presented. Mr. Gwartney made the second. The motion passed by a vote of six to zero. MINUTES Mr. Armstrong made a motion to approve the minutes of the January 28, 2014 meeting. Ms. Childress made the second. The motion passed by a vote of six to zero. Ms. Childress made a motion to approve the minutes of the February 25, 2014 meeting. Mr. Gross made the second. The motion passed by a vote of six to zero. INFORMATION ITEMS There were no information items. SWEARING IN Chair Brown swore in the audience and Staff. Ms. Childress made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Carrillo made the second. The motion passed by a vote of six to zero. CASE 14-04: A Zone Change from C-4 District to R-4 District, Lots 8 and 9, Block 2 of Wrights Subdivision, as they are divided by deed; known as 1107 and 1109 West 1st Street and 101 North Ohio Avenue, Gregory Joseph Shamas/Owner Mr. Jaramillo stated the application included in the packet should be updated to reflect the owner's wish to have the zoning changed to R-4 District, not R-3 District as marked. Gregory Shamas, owner, spoke in favor of the request. He stated he had been before the Commission in February and had discussed options for his lots with Staff. Mr. Shamas stated Staff had recommended C-4 District zoning which would have allowed multi-family housing. He stated he also consulted with Todd Wagener of Wagener Engineering and had decided to attempt to obtain R-4 District zoning for the lots. Mr. Shamas stated R-4 District zoning would allow him to construct single-family homes with less restrictive setbacks and that multi-family housing would have been cost prohibitive. Todd Wagener, Wagener Engineering, spoke in favor of the request. He stated there are currently three metes and bounds lots represented with two deeds. He stated a summary plat would be required to divide the lots as shown in the proposed development plan. He stated the required setbacks would be difficult to maintain without reconfiguring the lots. Mr. Wagener stated multi-family housing is expensive and that they can't be built in stages. He stated Mr. Shamas planned to place manufactured homes on the lots. Mr. Wagener stated the lot to the north, owned by Mr. Eachus, has a cinderblock building measuring roughly 40' by 50' which is grandfathered in at its current location approximately 5' from the side property line. Mr. Wagener stated the zone change would not have a sizable effect on Mr. Eachus' property. He stated the zone change to R-4 District would provide the best opportunity to use Mr. Shamas' property. He stated multi-family housing sits across the street and single-family homes are across the alley. Mr. Jaramillo stated one protest had been received but that it did not constitute 20% of property owners within 100' and would not meet the requirement for 2/3 majority approval from the Commission. He stated the protest had been from Mr. Eachus but that he had not contacted Staff after being informed of the new hearing date. He stated some of the Findings of Facts listed were in favor of the request, some were against it, and that some were for clarification. He stated the Commission must support their decision with Findings of Facts. Mr. Jaramillo stated Staff supports the request but that it may create a hardship for Mr. Eachus. Mr. Jaramillo stated if the building on the lot to the north is destroyed that the legal non-conforming status and its setback would be lost. Mr. Gwartney asked if Mr. Eachus was aware that the change in setback would still affect him. Mr. Jaramillo stated Mr. Eachus was concerned that his setback would increase from 0' to 20'. Mr. Najar stated that if the Commission found in favor of the request, a Finding of Fact could stated that a hardship is being created for Mr. Eachus which would allow him to apply for his own variance to the required setback. Mr. Armstrong stated single-family housing is located close by. Mr. Jaramillo stated 1107 and 1109 West 1st Street had homes on them at some point but that 101 North Ohio Avenue had not, per aerial photos. Mr. Armstrong asked if Mr. Eachus had been notified of the meeting and Mr. Jaramillo stated a letter had been sent. MOTION Mr. Armstrong made a motion to approve Case 14-04 based on Findings of Facts and testimony provided by applicant and Staff and recognizing the hardship to the property to the north. Mr. Carrillo made the second. Mr. Jaramillo stated Finding of Fact #2 does not support approval of the request. Mr. Armstrong amended his motion to include deletion of Findings of Fact #2 and #11. Mr. Carrillo made the second. The motion passed by a vote of six to zero. Ms. Childress made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Gwartney made the second. The motion passed by a vote of six to zero. CASE 14-09: A Time Extension of a Variance for a Mobile Home in an R-4 Residential District, Lot 4 of Puro Orgullo Subdivision, known as 3501 West Alameda Street, Brent Kingsley and Debora Vigil/Owners Brent Kingsley, owner, spoke in favor of the request. He stated additional time is needed to complete the remodeling of his home because of medical and financial issues. He stated materials had been stolen from the site and the mobile home allowed a family member to live on the lot while construction was underway. He stated he was asking for a six year extension. Mr. Armstrong asked why the request was for six years. Mr. Kingsley stated he had originally requested fifteen years but were granted six. He stated he did not want to change the zoning of the lot. Debora Vigil, owner, spoke in favor of the request. She stated Mr. Kingsley, her husband, had had three surgeries since the original variance request had been granted. She stated he had been the one doing all of the actual labor on the remodel. She stated cabinets had been stolen 2 from the site along with other materials and that someone needed to be there for security purposes. Mr. Jaramillo stated the original variance was approved in 2008 and that the original request was for ten to fifteen years. He stated the owners were granted a variance for three years with the option to come back before the Commission to ask for another three years but that they did not reapply in 2011. He stated Charlie Purcell, Building Inspector, had gone to inspect a storage shed and found that a building permit was not in effect for the home. Mr. Jaramillo stated the owners were aware that a building permit must be current for a home to be remodeled. He stated improvements have been made to the structure over the years. Mr. Jaramillo stated the owners own the four lots to the west and that the south part of the lot is in a flood zone. He stated the mobile home is not in the flood zone. He stated the mobile home is to be moved when the home is completed and that Staff supports the request. Mr. Gross asked if there is a current permit. Mr. Kingsley stated there is not a current permit and that it would depend on the decision of the Commission. Mr. Gross stated that the Commission would go on the testimony provided but that the owners' track record is not great. He stated he hoped the home would be completed. MOTION Mr. Gross made a motion to approve by City Council of Case 14-09 based on Findings of Facts. Ms. Childress made the second. Ms. Patterson stated a time limit must be set. Mr. Gross amended his motion to include a time limit of six years. Ms. Childress made the second. The motion passed by a vote of six to zero. Ms. Childress made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Gross made the second. The motion passed by a vote of six to zero. CASE 14-10: A Variance of 3' and 4' to the Required 10' Setback Between Structures in an R-1 Residential District, Lot 3, Block 2 of Berrendo Meadows Unit 1, known as 1411 Circle Diamond Drive, Jennifer and William Coble III/Owners, Donald Daugherty/Agent William Coble III, owner, spoke in favor of the request. He stated the layout of large trees and permanent structures on their lot made a variance necessary. He stated the pool would be 6' from one structure and 7' from another. He stated the pool's original intended shape would need to be maintained in order to allow a pool cover to be installed for safety purposes. Mr. Jaramillo stated pools were included with other accessory structures requiring a 10' setback in the June 2010 Zoning Ordinance revision to allow for clarity and unity in building requirements. He stated a safety fence would still be required around the pool and that the variance would not exempt the owners from complying with any building code requirements. Mr. Coble stated the backyard is currently fenced and that the pool would have a hard, retractable cover. Mr. Jaramillo stated an additional fence would be required around the pool itself per building codes given by Miller Butts, Building Inspector. Mr. Armstrong asked if Mr. Coble was aware of that. Mr. Coble stated he was not. Mr. Coble stated it could be placed 3' from the edge of the pool. Mr. Armstrong asked if there is a requirement for the structure of the fence. Mr. Jaramillo stated he was unsure and that he would have to consult the Building Inspector. Mr. Coble stated it could be built to match the existing front yard fence with stucco columns and wrought iron. Mr. Armstrong asked if the owners would be comfortable with a variance that included the requirement of a safety fence and Mr. Coble stated they would. Ms. Patterson stated the variance is only to the location of the pool and that the structure must still meet any applicable building codes. Mr. Jaramillo stated several neighbors had called to support the variance and that he had spoken with the owners of 3104 and 3106 Circle Diamond Drive. Mr. Najar stated he had spoken with one neighbor who was inquiring about the request but was not in objection. MOTION Ms. Childress made a motion to approve Case 14-10 based on Findings of Facts. Mr. Gwartney made the second. The motion passed by a vote of six to zero. 3 Other Business: Mr. Gross stated he wanted the Commission to consider information on school pick-up and drop-off zones. He stated the parking situations at local schools are dangerous in some cases. He stated he has a child at Military Heights Elementary and that the no parking areas leave no safe place for parents to drop off their children. He stated children have to cross a busy street and that the police ticket parents every morning. Mr. Gross stated he wanted to get Staff's input on the situation. Mr. Najar stated the Roswell Independent School District (RISD) decides which areas will be marked with "no parking" signs and where parents will be allowed to stop to allow children to exit cars. He stated the City can make recommendations but does not have jurisdiction over the schools because the State issues building permits for schools. Ms. Patterson discussed no parking areas around Goddard High School. Mr. Najar stated the high schools work with the Roswell Police Department (RPD) to regulate parking around the school. Mr. Gross discussed bus lanes at Military Heights Elementary. Mr. Najar stated Rick Velasquez with the RISD would be the appropriate person to contact. Mr. Armstrong stated the school board would be group to contact. Mr. Najar stated Staff is typically not contacted regarding parking or drop-off areas at schools and that the City does not paint the curbs designating the areas along the streets. Ms. Patterson stated Staff cannot designate drop-off lanes. Mr. Carrillo suggested contacting Mr. Velasquez with the RISD and asking him to come speak to the Commission along with the Superintendent. Mr. Gross asked if it could be placed on the agenda. Mr. Najar stated he would speak to Mr. Velasquez to set up a meeting. The meeting was adjourned at 8:55 p.m. Chair Ralph Brown Secretary Eddie Carrillo _________________________________ _________________________________ 4