Board of Adjustment

BOARD OF ADJUSTMENT MINUTES January 4, 2024 @ 5:00 p.m. The Board of Adjustment held a meeting on Thursday January 4, 2024 at 5:00 p.m. Members Present Wendell Miller, Chairman Wayne Cummings Josh Stroud Members Absent Don Jacimore, Vice Chairman Justin Cothren Visitors Present: City Planner Sara Jondahl, Planner I Victoria Marchant, and David Garza. Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Board of Adjustment November 28, 2023. Member Stroud made a motion to approve the minutes as written. The motion was seconded by Member Cummings and passed unanimously. The Second Order of Business is an Election of Officers for 2024. a. Chairman b. Vice Chairman c. Secretary Chairman Miller stated that he and City Planner Jondahl had discussed that the Board should table the election of officers due to some members being absent from the meeting. Member Cummings made a motion to table the election of officers. The motion was seconded by Member Stroud and passed unanimously. The Third Order of Business is a Variance from Article 6.2.1.6 of the Land Subdivision and Development Code to allow four lots to be accessed from a 20’ access easement located at 3415 River View Road. Submitted by Barrett & Associates on behalf of Horace Forests LLC. (VARI-1223-000459) Planner I Marchant stated that located at 3415 River View Road within the Marina Heights District, this is an existing vacant property that was subdivided in the 1990’s. She stated that it is an R-1 (Single Family Residential) property surrounded by other R-1 zoned properties. She stated that surrounding uses include single family homes. Planner I Marchant stated that the application is to allow a landlocked property access through a 20’ access easement instead of the required 25’ access easement and to allow said access easement to serve 4 properties instead of the allowed 3. She stated that staff has found the applicant has demonstrated that special conditions exist due to the property being landlocked and the 20’ access easement being the only access granted to this property. She stated that the literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district. Planner I Marchant stated that without the granting of this variance, the applicant would not be able to develop this property. She stated that from the records staff was able to find, this property was subdivided in the 1990’s prior to the Zoning Codes and Land Subdivision and Development Codes being enforced as they are now. She stated that the special conditions are not the results of the actions of the applicant. She stated that the reason for the 3 lot limit was due to City Corporation requests, in this case, City Corporation has no objection to all four lots being serviced through the access easement. Planner I Marchant stated that staff recommends no other lots be subdivided to get access off of the access easement unless a full road is developed and right-of-way dedicated creating a city street. She stated that the property to the north is completely undeveloped and could develop in the future. She stated that at the time of development if a road is created, that would open up and remove this restriction placed on the access easement. It is staff’s recommendation that the Board of Adjustment approve this variance request with the following conditions: 1. No other lots can be subdivided to get access off of the access easement unless a full road is developed and right-of-way dedicated creating a city street. Based on the findings below: 1. The applicant has demonstrated that special conditions exist; and 2. The applicant has met all other Variance requirements. Member Cumming motioned to approve the request with staff’s recommendation. The motion was seconded by Member Stroud and passed unanimously. Meeting Adjourned _______________________ Chairperson