Zoning Board of Adjustments

AGENDA Zoning Board of Adjustments 5:30 PM - Monday, August 28, 2023 City Council Chambers, 201 E. Nash Street, Terrell, TX Board Members Matthew Hancock, Chairman Deana Boyd, Vice Chairman Michelle Cheney, Member Claudia Frausto, Member Dr. John Kegerreis, Member Dr. Kameka Miller, Member Hadden Shaw, Member Chris Snapp, Director of Municipal Development NOTICE IS HEREBY GIVEN that the Zoning Board of Adjustments will conduct a meeting at 5:30 p.m. on Monday, August 28, 2023, at Terrell City Hall located at 201 East Nash Street. The meeting is open to the public with limited seating in the Council Chambers. If you choose not to attend in person and you wish to submit public comments, email support@cityofterrell.org and title the email ”Public Comment”. All public comments submitted by 12:00 pm on Monday, August 28, 2023 will be provided to the Zoning Board of Adjustments Board Members and recorded into the minutes for the Monday, August 28, 2023 City Council Meeting. Page 1. CALL TO ORDER 2. INVOCATION 3. HEAR REMARKS FROM VISITORS. Page 1 of 17  This time is set aside on the agenda to invite any person to address the Board on issues not subject to a public hearing. Routine administrative matters are best discussed with the appropriate City Staff before bringing them to the Board. Prior to the meeting, please complete a "Citizen Participation Form" and present it to the Administrative Assistant. In accordance with the Texas Open Meetings Act, Section 551.042, the Board cannot discuss, consider, or take action on matters not listed on the agenda. Speakers should limit their comments to 3 minutes and are asked to speak into the microphone provided, identifying themselves for the record. The total amount of time set aside for this place on the agenda is 15 minutes. Comments of a personal nature directed at the Board or Staff are inappropriate. 4. ADOPTION OF MINUTES 4.1. Discuss approval of minutes from date.. 4-5 Zoning Board of Adjustments- Jun 26 2023- Minutes 5. PUBLIC HEARING 5.1. Conduct a Public Hearing to receive comments regarding VR/SE 23-06 6 - 17 a proposed variance/special exception regarding 212 ½ South Rockwall and 212 South Rockwall Avenue, more particularly described as Lot 12, Block 93, Western Addition to the City of Terrell, Texas location being currently zoned as Downtown District (DD). This property has single building at the northwest corner of South Rockwall Avenue and Grove Street. The property owner has requested a variance/special exception to allow the expansion of the occupant’s current legally nonconforming use at 212 ½ South Rockwall Avenue into the adjacent suite at 212 South Rockwall Avenue. STAFF REPORT VR 23-06 212 S Rockwall Variance Application VR 23-06 PID # 43323 Location Map PID # 43323 Zoning Map PID # 43323 FLU Map (Mix Use Downtown) PID # 43323 Buffer Map PID # 43323 Ownerships 200' Notice Notice of PH for Mailing VR 23-06 (RFB edits) Page 2 of 17  5.2. Discuss and consider VR/SE 23-06 a proposed variance/special exception regarding 212 ½ South Rockwall and 212 South Rockwall Avenue, more particularly described as Lot 12, Block 93, Western Addition to the City of Terrell, Texas location being currently zoned as Downtown District (DD). This property has single building at the northwest corner of South Rockwall Avenue and Grove Street. The property owner has requested a variance/special exception to allow the expansion of the occupant’s current legally nonconforming use at 212 ½ South Rockwall Avenue into the adjacent suite at 212 South Rockwall Avenue. 6. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 OF THE TEXAS GOVERNMENT CODE TO DISCUSS THE FOLLOWING: 6.1. Section 551.071 Consultation With Attorney. 7. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ITEMS DISCUSSED IN EXECUTIVE SESSION. 8. ADJOURN. I, the undersigned authority, do hereby certify that the above NOTICE OF MEETING of the Zoning Board of Adjustments is a true and correct copy of said NOTICE, which has been posted on the front OUTDOOR BULLETIN BOARD CABINET FOR AGENDAS of the Terrell City Hall, Terrell, Texas, a place convenient and readily accessible to the General Public and on the website at cityofterrell.org, and which has been continuously posted for a period of seventy-two (72) hours prior to the date and time said meeting was convened. Posted Friday, August 25 , 2023 –5:00 p.m _______________________________________ Dawn Steil, City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary’s office at 972-551-6600 for further information. Braille is not available. The Zoning Board of Adjustments Reserves the Right to Adjourn into Executive Session to Seek Legal Counsel on a Matter Which the Canon of Legal Ethics Demands to Preserve the Attorney-Client Privilege Pursuant to Section 551.071(2) of the Texas Government Code. Page 3 of 17 ITEM 4.1. MINUTES Zoning Board of Adjustments Meeting 5:30 PM - Monday, June 26, 2023 City Council Chambers, 201 E. Nash Street, Terrell, TX The City of Terrell Zoning Board of Adjustments conducted a Zoning Board of Adjustments Meeting on Monday, June 26, 2023 at 5:30 PM in the City Council Chambers, 201 E. Nash Street, Terrell, TX. MEMBERS John Kegerreis PRESENT: Claudia Frausto Matthew Hancock Hadden Shaw Dr. Kameka Miller Deana Boyd Michelle Cheney MEMBERS ABSENT: STAFF PRESENT: J Potts City Engineer Chris Snapp 1 CALL TO ORDER Chairman Jimmy Cooper called the meeting to order. 2 INVOCATION Chairman Jimmy Cooper gave the invocation. 3 HEAR REMARKS FROM VISITORS. No remarks from visitors attending the meeting. 4 WELCOME AND SWEARING IN OF NEWLY APPOINTED ZONING BOARD OF ADJUSTMENT BOARD. City of Terrell Attorney Greg Shumpert will swear in the newly appointed ZBA members, Hadden Avery Shaw, Cludia Frasto and Michelle Cheney. City Attorney Greg Shumpert swore in the new Zoning Board of Adjustment Members and Welcomed them to the board. 5 NOMINATION AND ELECTION OF ZBA BOARD OF ADJUSTMENT NEW CHAIRMAN AND VICE-CHAIRMAN Chairman Jimmy Cooper called for any nominations for new chairman of the board. Michelle Cheney nominated Matthew Hancock for chairman of the board. Unanimous vote by 6 board Zoning Board of Adjustments Meeting June 26, 2023 Page 1 of 2 Page 4 of 17 ITEM 4.1. members- nomination carries Matthew Hancock Chairman. Michelle Cheney nomirnJO!!!D Boyd for Vice-Chairman of the board. Unanimous vote by 6 board members- nomination carries Deana Boyd Vice-Chairman of the board. 6 ADOPTION OF MINUTES a) Discuss approval of minutes from March 27, 2023. John Kegerreis moved to approve the minutes from March 27, 2023, with Deana Boyd seconding the motion. Carried by the following votes: Ayes: John Kegerreis, Claudia Frausto, Matthew Hancock, Hadden Shaw, Deana Boyd, and Michelle Cheney 7 PUBLIC HEARING a) VR 23-05. Conduct a public hearing to discuss and consider a request for a variance to Section 19.4 pertaining to, Area Regulations: A. Size of Jots: 2. Minimum Lot Width- Sixty­ Five feet (65?- The property is located at 12148 S. Medora Terrell, Texas, PIO# 33711, described as, Phagan, Block 5, Lot 43 & 44, City of Terrell, Kaufman County, Texas. The applicant is requesting a variance to allow for a lot width of 50 feet from the required 65 feet per zoning. The applicant proposes to combine two 25-foot lots together to create a single lot with a 50-foot width. The proposed lot will be 8,600 square feet. Property is currently zoned Single-Family Residential- 6 (SF-6). J. Potts gave the staff notes on the requested variance. Chairman Matthew Hancock opened the Public Hearing. Felica Robinson, 1315 S Rockwall Terrell, Texas spoke asking general question about the property. No one spoke in opposition of the variance. Chairman Matthew closed the Public Hearing. Deana Boyd moved moved to approve the requested variance for a 50 foot frontage, with John Kegerreis seconding the motion. Carried by the following votes: Ayes: John Kegerreis, Claudia Frausto, Matthew Hancock, Hadden Shaw, Deana Boyd, and Michelle Cheney 8 ADJOURN. Chairman Matthew Hancock adjourned the meeting. Chairman, Jimmy Cooper Attest: J Lee Potts Zoning Board of Adjustments Meeting June 26, 2023 Page2 of 2 Page 5 of 17 ITEM 5.1. Agenda Item 5.1. Case VR 23-06 Zoning Board of Adjustment Public Hearing: August 28, 2023 Owner/Applicant: Location: 212 S Rockwall, City of Terrell, Kaufman County, Texas Request: Variance to Zoning Ordinance/Special Request Current Zoning: DD Background: The Zoning Board of Adjustment (ZBA) of the City of Terrell, Texas, will conduct a public hearing to consider a proposed variance/special exception regarding 212 ½ South Rockwall and 212 South Rockwall Avenue, more particularly described as Lot 12, Block 93, Western Addition to the City of Terrell, Texas location being currently zoned as Downtown District (DD). This property has single building at the northwest corner of South Rockwall Avenue and Grove Street. The property owner has requested a variance/special exception to allow the expansion of the occupant’s current legally nonconforming use at 212 ½ South Rockwall Avenue into the adjacent suite at 212 South Rockwall Avenue. Note: E. Special Exceptions for Nonconforming Uses and Structures - Upon written request of the property owner, the Board may grant special exceptions to the provisions of Section 7 of this Ordinance, 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 (10) percent; or 2. Expansion of the gross floor area of a nonconforming structure, up to a maximum of ten (10) percent, provided that such expansion does not decrease any existing setback and does not encroach onto adjacent property; or 3. In granting special exceptions under this Subsection, the Board 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 the Zoning Ordinance. 4. For existing single-family and duplex structures that were constructed prior to the effective date of this Ordinance, the Board may authorize a special exception for any structure that was constructed over a setback line established by this Ordinance. 5. The Board may authorize a special exception for the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use and/or the restoration of a building site that is nonconforming as to development standards (including, but not limited to, parking arrangement, landscaping, etc.), when a structure has been damaged by fire or other cause to the extent of more than sixty percent (60%), but less than the total, of the appraised value of the structure, as determined from the records of the Kaufman County Appraisal District, as of the date of the damage. Such action by the Board shall have due regard for the property Page 6 of 17 ITEM rights 5.1. of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property. 6. The Board 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 Ordinance, or if it will otherwise improve or enhance public health, safety or welfare. Notification: Notices were sent to property owners within two hundred feet (200’) of the request as required by State Law. A total of 10 notices were sent, to this date zero notice opposing has been returned and zero in favor of the variance. Attachments: Application/Request Letter Location Map Zoning Map Future Land Use Map Buffer Map and Mailing List Page 7 of 17 ITEM 5.1. CITYOF TERRELLZONINGBOARDOFADJUSTMENTS VARIANCEAPPLICATION AMERICA’ I Hereby petition the City of Terrell to schedule a public hearing before the _Z_9_n~l~i1gLBoard to consider a variance or special exception to certain requirements of the 9_f_l3_c_lj;§gn_1gr;t_ City's Zoning Ordinance. Thisappeal concerns property described as follows: Address: Pu); 212 1/2 S Rockwell & 212 S Rockwell Lotimm Blocitt?mxm Eubdivision: ~ wwhmwww 12 93 Western Block __ Other [S-e‘scriptldrT'.M” " wk ‘" N67 W w HOA: YES No -inningDistrict: Errent use: ‘WW "Mum ' ‘ M C Church / Ministry per current CO ‘ A Proposed use: Unchanged Section: Paragraph: Number: Of the Zoning Ordinance, which addresses: Ordinance 2895 was passed in February 2022 and created a use category for ‘Homeless Center.‘ ‘Homless Center‘ use is allowed only by special use permit in Heavy Commercial zoning. My Hardship Findings are as follows: lil_2$_#2M__#3_____ 94“); :Please refer to Excerpt Section: 9.6 (C) and mark all that apply, attach an Affidavit of Hardship Letter If more room is required. The current CO for 212 1/2 S. Rockwall, issued 4/13/16, is for a church occupancy. In February 2022 a new ordinace was passed creating a new use category for ‘Homeless Center.‘ in a previous attempt to obtain a CO for 212 S Rockwall, the CO was denied on the basis of classifying Serenity as a Homless Center under the February 2022 amendment. There is a hardship because the goal is to eggaghe current useonly into the directlyaqlacentsuite in the same building. i feel that a variance is warranted in this casebecause: The use pre-dates the February 2022 amendments, and the expansion is limited. We request that a CO be granted on any ground the ZBAwishes to grant a CO. Serenity fully reserves all rights and does not concede that it is a ‘Homeless Center‘ or that the city may treat it as such under the First Amendment and various state and federal statutes. Page 8 of 17 ITEM 5.1. CITYOF TERRELLZONlNGBOARDOF ADJUSTMENTS VARIANCEAPPLICATION (ZBA) 9 ZONINGBOARDOF ADJUSTMENT Excerpt from the Zoning Orclinance:SECTION AND SPECIALEXCEPTIONS: 9.6 VARIANCES A. TheBoardmay authorizea variance fromtheseregulations when, in its opinion,unduehardshipwillresultfromrequiring strict compliance.For example,ifthcsubjectproperty substantiallydtjtfersfromothersimilarlyzoned loadparcels bybeingofsuch restrictedarea, shape or slope that it cannot reasonablybe developedin thesome manner as other similarly zonedlandparcels, then a variance ofthebuildingsetbaclg lot widthor depth.parking requirmient. or otherdevelopmentstandard may be warranted.In granting a variance, theBoardshallprescribeonlyconditionsthat it deemsnecessaryfor, or desirableto, the public interest. In making the?ndings hereinbelowrequired.theBoardshall take into account the nature oftheproposeduse of the [and involved, existing uses ofland in the vicinity, thenumberofpersons whowillreside or workwithintheproposeduse, and the probablee?ectsuch variance willhave upon traj?c conditionsand upon thepublic health, safety, convenience and welfareof the community. B. Conditions Reguiretlfor Variance No variance shalt be granted without?rsthavinggivenpublic notice and havingheld a » public hearing on the variance request in accordancewithSection9.8 ofthis Ordtnrtnceand unlesstheBoard ofAdjustrnent?nds: 1. Thatthere are specialcircumstances or conditionsa?ecting the landinvolvedsuch that the strict applicationofthe provisions ofthis Ordinance woulddeprivethe applicantofthe reasonableuse ofhis/her land; and property right oftheapplicant;and 2. That the variance is necessary forthepreservation and enjoyment ofa sttbstantittl 3. Thatthegranting ofthe variance willnot be detrimentalto thepublichealth.safetyor welfare,or injurious to other property withinthe area; and 4. Thatthegranting ofthe variance willnot have the e?ect ofpreventing the orderly use ofotherland withinthearea in accordancewiththeprovisions ofthis Ordinance; and 5. Thatafindtng ofunduehardship exists (see Section 9.6C below). Such?ndings ofthe Board, together with the speci?c?zctsupon whichsuch?ndings are based, shall be incorporated into the a?lctal minutes ofthe Boardmeeting at whichsuch variance is granted. Variances may be granted only when in harmony with the may besecuredand that substantial general purpose and intent ofthis Ordinance so that the public health, safety and welfare justice may be done. C. Findings afvmlueHot-tlshtjp In order to grant a variance, the Board must make written findings that an unduehardshipexists, — using the following criteria: ofthe controlswillcreate an unnecessary hardshipin the developmentofthe affected I. Thatliteral en?ncetnertt property; and 2. Thatthe situation causing the hardshipor dt?‘I‘cultyis neither?nancialin nature, self-imposednor generally affectingall or most properties in the some zoning district.’and sought willnot injure thepermitteduse ofadjacent coMormingproperty,'and 3. 771a!the relief‘ 4. That the granting ofa variance will be in harmony withthe spirit andpurpose aftlteseregulations. I certify that the above informationand attached drawings are true and correct to the best of my knowledge and belief; that I have read the excerpt of the Zoning Ordinance pertaining to the Variance and fully understand the definition of Ilardshlp; and that I am the owner oi the property In question, or have the owner's authority to make this appeal. And I understand that I will be noti?ed by mail as to when the Board willmeet to hear my request, said meeting being expected to occur within thlrty(30) days of today's date. Variance application fee is $300] Lot~Address. Date of Signature: Appellant's prlnted or typed name and?eddress: 5/212» 2:) ..,..._._..,..::SAtvn[l ,, l§n.Ps't:L_ __ Appellant's phone number, etc: 5572/ 663» /‘<3 ‘Ml Page 9 of 17  ITEM 5.1. W W S SOOU U TT H H A A LL LL E EYY S S TT . S S H HAA TT TT II E E S S TT S ANN ST W GRO VE ST AV E S ROC KWALL T S M EDO RA S WE W EN S TT E ES S TT D S ND Document Path: E:\SHP FILES\BUFFER MAPS\PID # 43323.mxd W W C COO TT TT A AGGE E S S TT Location Map Page 10 of 17 W W C COO TT TT A AGGE E S S TT PID # 43323 Location Parcels W CO T TA G E ST Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 1 inch = 125 feet  ITEM 5.1. ST C S ANN S S HATTIE CBD T W SOUTH ALLEY ST W SOUTH ALLEY ST ST S RO C KW SF-6 S HATTIE A LL AVE W GROVE ST D S ANN ST W GR OV S MED ORA ST E ST W GR OV E ST S ANN S ST T W GROVE ST MF W GR OV S HATTIE E ST S RO C KW ST A LL AVE WEST END ST S ME Zoning D O RA AG = Agricultural NS = Neighborhood Service C = Commercial O = Office ST CBD = Central Business District PD = Planned Development S HATTIE Document Path: E:\SHP FILES\Zoning\ZONING small.mxd D = Downtown District R = Retail W C OTTAG S RO C KW E ST EE = Executive Estate SF-6 = Single-Family - 6 A LL AVE EE-32 = Executive Estate 32 SF-7.5 = Single-Family - 7.5 HC = Highway Corridor SF-10 = Single-Family - 10 RA ST W COTTAGE ST W Page 11 of 17 LI = Light Industrial CO TTAG E ST = Single-Family - 16 SF-16 R S MED O W COTTAGE ST S HATTIE S MF = Multi-Family Residential TH-12 = Townhouse Residential - 12 T MH = Manufactured Home W C OTT AGE ST 1 inch = 125 feet  ITEM 5.1. 2017 Thoroughfare Routes Lakeside 2-Lane Raod Lakeside Trail Proposed Greenbelt Trails Minor Rail Access Coridor Major Rail Access Coridor City of Terrell Ave Future Land Use Plan S Rockwall Future Landuse Plan Mixed Use DT Mix Use Downtown MU Mix Use Neighborhood Residential TN Traditional Neighborhood EN Existing Neighborhood NTN New Tradition Neighborhood LDR Low Density Residential TX Texas Heritage / Agriculture Heritage Buffer Zone Commercial RO Local Retail and Office TN HC Highway Commercial Industrial OBP Office Business Park Page 12 of 17 IBP Industrial Business Park CI Cottage Industry Public / Civic / P/R Park / Recreation S/P Schools and Public Cemeteries Other Information Floodway 100 Year Flood Plain Note: For graphic purposes, the 100-year floo dplain is shown separately City Limits from the land u se classification. The floodplain layer is either shown on top o f the un derlyin g classificatio n, or co mpletely separated from ETJ-2017 1 inch = 125 feet th e ad jacent lan d use classificatio n.  ITEM 5.1. W W S SOOU U TT H H A A LL LL E EYY S S TT . S S H HAA TT TT II E E S S TT S ANN ST W GRO VE ST AV E S ROC KWALL T S M EDO RA S WE W EN S TT E ES S TT D S ND Document Path: E:\SHP FILES\BUFFER MAPS\PID # 43323.mxd W W C COO TT TT A AGGE E S S TT Buffer Map Page 13 of 17 W W C COO TT TT A AGGE E S S TT PID # 43323 200 ft. Buffer Parcels W CO T TA G E ST Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 1 inch = 125 feet  Parcels ITEM 5.1. PROP_ID owner_name addr_line1 addr_line2 addr_line3 addr_city addr_state addr_zip 40369 UNION PACIFIC PROPERTY TAX 1400 DOUGLAS OMAHA NE 68179-1640 RR CO DEPT ST STOP 1640 40452 DYE FLOYD D 3525 JUDGE DALLAS TX 75241 DUPREE ST 40454 THOMAS 306 EDGAR ST TERRELL TX 75160 DEVONA M 40456 HOLMES PO BOX 2101 TERRELL TX 75160-0037 JOHNNIE C 40463 RL TERRELL P O BOX 798 TERRELL TX 75160 PROPERTIES LLC ET AL 40464 BHATT SAMIR & 7811 PARK AVE TERRELL TX 75160 JAYSHREE 40465 HOLMES PO BOX 2101 TERRELL TX 75160-0037 JOHNNIE C 43308 KIAS ASSET 14849 BALCH SPRINGS TX 75180 MANAGEMENT LEDGEVIEW CT GROUP LLC 43309 KIAS ASSET 14849 BALCH SPRINGS TX 75180 MANAGEMENT LEDGEVIEW CT GROUP LLC 43310 KIAS ASSET 14849 BALCH SPRINGS TX 75180 MANAGEMENT LEDGEVIEW CT GROUP LLC 43317 MAY ROBERT L & 607 W GROVE TERRELL TX 75160 ZELMA 43318 SERENITY 212 1/2 S TERRELL TX 75160 CHURCH ROCKWALL ST TERRELL 43319 BHATT SAMIR 7811 PARK AVE TERRELL TX 75160 43320 BHATT SAMIR & 7811 PARK AVE TERRELL TX 75160 JAYSHREE 43321 BHATT SAMIR & 7811 PARK AVE TERRELL TX 75160 JAYSHREE 43322 BHATT SAMIR 7811 PARK AVE TERRELL TX 75160 Page 14 of 17 Page 1 of 2  ITEM 5.1. PROP_ID owner_name addr_line1 addr_line2 addr_line3 addr_city addr_state addr_zip 43323 BHATT SAMIR 7811 PARK AVE TERRELL TX 75160 43325 BHATT SAMIR & 7811 PARK AVE TERRELL TX 75160 JAYSHREE 43326 BHATT SAMIR & 7811 PARK AVE TERRELL TX 75160 JAYSHREE 43327 BHATT SAMIR & 7811 PARK AVE TERRELL TX 75160 JAYSHREE 43328 BHATT SAMIR 7811 PARK AVE TERRELL TX 75160 43329 SMART START 1147 LEAFY FORNEY TX 75126 MONTESSORI GLADE RD SCHOOL LLC 43340 HOLMES PO BOX 2101 TERRELL TX 75160-0037 JOHNNIE C Page 15 of 17 Page 2 of 2 ITEM 5.1. NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT City of Terrell, Texas An application has been received by the City of Terrell for: VARIANCE/SPECIAL EXCEPTION TO THE ZONING ORDINANCE REGARDING File Number: VR 23-06 Property Owner: Bhatt, Sam Applicant: Bhatt, Sam Location: 212 S. Rockwall, Terrell TX 75160 (PID: 43323) Legals: Western Addition, Block 93, lot 12 Zoning: Downtown District (DD) Request: The property owner has requested a variance/special exception to allow expansion of occupant’s current legally nonconforming use at 212 ½ South Rockwall Avenue into adjacent suite at 212 South Rockwall Ave. (VR 23-06) The Zoning Board of Adjustment (ZBA) will consider this request at a public hearing to be held: Monday, August 28, 2023 5:30 P.M. City Council Chambers Terrell City Hall, 201 E. Nash Street, Terrell, TX 75160 This notice has been sent to all owners of real property within 200 feet of the area of request based on ownership as it appears on the last approved city tax roll. Speakers at the public hearing should limit their comments to three minutes and are asked to speak into the microphone and identify themselves for the record. Comments of a personal nature directed at the Board or staff are inappropriate. Persons who are unable to attend the hearing, but would like their view to be part of the public record, may send signed, written comments, referencing the Variance Request (VR 23-06) number above, prior to the date of the public hearing to: Municipal Development Department, P.O. Box 310, Terrell, TX 75160. If you choose to attend this hearing, you will be given the opportunity to speak to the Planning & Zoning Commission in support or opposition to the above request. All who attend will be given the opportunity to take a turn in the building for purpose of giving comments in person. Action: The Zoning Board of Adjustment may approve the request if the applicant can demonstrate that the variance is not contrary to the public interest; that due to special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship; and that the spirit of the Ordinance will be maintained if the variance is granted. Agenda: The agenda for the Zoning Board of Adjustment will be posted on the City of Terrell Bulletin Board before 5:00 p.m. on the Friday prior to the public hearing. For additional information: Contact the Municipal Development Department, 972-551-6606 and reference the Variance Request number (VR 23-06). Date mailed: 8/16/2023 Page 16 of 17 1 ITEM 5.1. This will be a part of the public record. VR 23-06 RE: 212 South. Rockwall, Terrell TX 75160 (PID: 43323) Located: 212 South Rockwall, Terrell, TX 75160 As a property owner within 200 feet of the property that is the subject of the above referenced case I am in. __________Favor __________Opposition for the following reasons: ______________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Name: _______________________________ Address: _______________________________ Signature: _______________________________ Please return to: City of Terrell Municipal Development Department P.O. Box 310 Terrell, TX 75160 Page 17 of 17 2