Zoning Board of Adjustments

AGENDA Zoning Board of Adjustments 5:30 PM - Monday, June 24, 2024 City Council Chambers, 201 E. Nash Street, Terrell, TX Board Members Matthew Hancock, Chairman Deana Boyd, Vice Chairman Erik Brown, Member Michelle Cheney, Member Claudia Frausto, Member Dr. Kameka Hoskins, 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, June 24, 2024, 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, June 24, 2024 will be provided to the Zoning Board of Adjustments Board Members and recorded into the minutes for the Monday, June 24, 2024 City ZBA Meeting. Page 1. CALL TO ORDER 2. INVOCATION 3. HEAR REMARKS FROM VISITORS. 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. Page 1 of 15  4. ADOPTION OF MINUTES 4.1. Discuss approval of minutes from date.. 3-7 Zoning Board of Adjustments - Apr 22 2024 - Minutes - Pdf Special Zoning Board of Adjustments - May 30 2024 - Minutes - Pdf 5. PUBLIC HEARING 5.1. VR 24-03 8 - 15 Conduct a public hearing to discuss and consider a request for a variance to Section 19.4 pertaining to, Area Regulations: A. Size of lots: 2. Minimum Lot Width- Sixty-five feet (65’). The property is located at 405 Frank St. Terrell, Texas, described as, Nelson, Block 9, Lot 7B & 8B City of Terrell, Kaufman County, Texas. The applicant is requesting a variance to build on a lot width of 50 feet. Property is currently zoned Single-Family Residential- 6 (SF-6). STAFF REPORT VR 24-03 ZBA Application 405 Frank St VR 24-03 405 Frank Location Map 405 Frank Zoning Map 405 Frank Future Land Use 405 Frank 200 ft Buffer Map 6. 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, June 21, 2024 –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 2 of 15 ITEM 4.1. Draft MINUTES Zoning Board of Adjustments Meeting 5:30 PM - Monday, April 22, 2024 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, April 22, 2024 at 5:30 PM in the City Council Chambers, 201 E. Nash Street, Terrell, TX. MEMBERS Erik Brown PRESENT: Claudia Frausto Matthew Hancock Dr. Kameka Hoskins Deana Boyd Michelle Cheney MEMBERS Hadden Shaw ABSENT: STAFF PRESENT: J Potts City Engineer Chris Snapp 1 CALL TO ORDER Chairman Matthew Hancock called the meeting to order. 2 INVOCATION Municipal Development Director Chris Snapp gave the invocation. 3 HEAR REMARKS FROM VISITORS. 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. No remarks from visitors attending the meeting. 4 WELCOME AND SWEARING IN OF NEWLY APPOINTED ZONING BOARD OF ADJUSTMENT BOARD MEMBER. a) City of Terrell Attorney Greg Shumpert will swear in newly appointed ZBA member Erik Zoning Board of Adjustments Meeting April 22, 2024 Page Page31ofof15 3 ITEM 4.1. Brown. Draft City Attorney Greg Shumpert swore in new appointed ZBA member Erik Brown. 5 ADOPTION OF MINUTES a) Discuss approval of minutes from August 28, 2023. . Deana Boyd moved to accept minutes as presented, with Claudia Frausto seconding the motion. Carried by the following votes: Ayes: Erik Brown, Claudia Frausto, Matthew Hancock, Deana Boyd, and Michelle Cheney 6 PUBLIC HEARING a) VR 24-01 Conduct a public hearing to discuss and consider a request for a variance to Section 19.4 pertaining to, Area Regulations: A. Size of lots: 2. Minimum Lot Width- Sixty-five feet (65’), B. Size of Yards: 2. Minimum Side Yard- Six feet (6’) for interior side yard and D. Minimum Floor Area per Dwelling Unit- Two thousand (2,000) square feet of air-conditioned floor area. The property is located at 1219 S. Rockwall Terrell, Texas, described as, Phagan, Block 4, Lot 10 & 11 City of Terrell, Kaufman County, Texas. The applicant is requesting a variance for a lot width of 50 feet, a side yard width of 5 feet and minimum floor area of 1,700 square feet. Property is currently zoned Single-Family Residential- 6 (SF-6). Code Compliance Manager J. Potts gave staff notes on the requested variance in VR 24-01. Chairman Matthew Hancock opened the public hearing. Property owner Terrey Beer spoke in favor of the of the requested variance. Mr. Beer stated that the approval of the variances would allow him to build a house on the property. No one spoke in opposition of the requested variance. Chairman Matthew Hancock closed the public hearing. Michelle Cheney moved to accept the variance request for the fifty foot lot with and the request for five foot side yard, but denied the request to reduce minimum square footage to 1700 square foot, with Deana Boyd seconding the motion. Carried by the following votes: Ayes: Erik Brown, Claudia Frausto, Matthew Hancock, Deana Boyd, and Michelle Cheney b) VR 24-02 Conduct a public hearing to discuss and consider a request for a variance to Section 19.4 pertaining to, Area Regulations: A. Size of lots: 2. Minimum Lot Width- Sixty-five feet (65’), B. Size of Yards: 2. Minimum Side Yard- Six feet (6’) for interior side yard and D. Minimum Floor Area per Dwelling Unit- Two thousand (2,000) square feet of air-conditioned floor area. The property is located at 1221 S. Rockwall Terrell, Texas, described as, Phagan, Block 4, Lot 8 & 9 City of Terrell, Kaufman County, Texas. The applicant is requesting a variance for a lot width of 50 feet, a side yard width of 5 feet and minimum floor area of 1,700 square feet. Property is currently zoned Single-Family Residential- 6 (SF-6). Zoning Board of Adjustments Meeting April 22, 2024 Page Page42ofof15 3 ITEM 4.1. Draft Code Compliance Manager J. Potts gave staff notes on the requested variance in VR 24-02. Chairman Matthew Hancock opened the public hearing. Property owner Terrey Beer spoke in favor of the of the requested variance. Mr. Beer stated that the approval of the variances would allow him to build a house on the property. No one spoke in opposition of the requested variance. Chairman Matthew Hancock closed the public hearing. Claudia Frausto moved to accept the variance request for the fifty foot lot width and requested five foot side yard, but denied the request to reduce the minimum square footage to 1700square foot,, with Deana Boyd seconding the motion. Carried by the following votes: Ayes: Erik Brown, Claudia Frausto, Matthew Hancock, Deana Boyd, and Michelle Cheney 7 ADJOURN. Chairman Matthew Hancock called the meeting adjourned. Chairman, Matthew Hancock Attest: J Lee Potts Zoning Board of Adjustments Meeting April 22, 2024 Page Page53ofof15 3 ITEM 4.1. Draft MINUTES Zoning Board of Adjustments Meeting 5:30 PM - Thursday, May 30, 2024 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 Thursday, May 30, 2024 at 5:30 PM in the City Council Chambers, 201 E. Nash Street, Terrell, TX. MEMBERS Erik Brown PRESENT: Claudia Frausto Matthew Hancock Dr. Kameka Hoskins Deana Boyd Michelle Cheney MEMBERS Hadden Shaw ABSENT: STAFF PRESENT: J Potts City Engineer Chris Snapp Blake Mays 1 CALL TO ORDER Chairman Matthew Hancock called the meeting to order. 2 INVOCATION Visiting Council Member Phil Robison gave the invocation. 3 HEAR REMARKS FROM VISITORS. 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. No visitors present at the meeting. No remarks. 4 ADOPTION OF MINUTES a) Discuss approval of minutes from date the Zoning Board of Adjustments Meeting on April Zoning Board of Adjustments Meeting May 30, 2024 Page Page61ofof15 2 ITEM 4.1. 22, 2024. Draft Chairman Matthew Hancock stated that the discussion and adoption of the minutes from the April 22, 2004 meeting would be tabled at this training meeting and discussed for adoption at the next formal meeting. 5 OPEN MEETING/TRAINING Chairman Matthew Hancock opened the meeting/training. Staff member J. Lee Potts introduced attorney Thomas A. Gwosdz to present the training at the meeting. 6 ADJOURN. Chairman Matthew Hancock called the meeting adjourned. Chairman, Matthew Hancock Attest: J Lee Potts Zoning Board of Adjustments Meeting May 30, 2024 Page Page72ofof15 2 ITEM 5.1. Agenda Item 5.1 Case VR 24-03 Zoning Board of Adjustment Public Hearing: June 24, 2024 Owner/Applicant: Rene Harris Location: 405 Frank, City of Terrell, Kaufman County, Texas Request: Variances to Zoning Ordinance Section 19.4.A.2 Current Zoning: SF-6 Background: The applicant is requesting a variance to Section 19.4- A.2. The section pertains to the minimum lot width. The combining of the two twenty-five foot lots requires a replat to be one lot, once replatted into one lot, the ordinance calls for a minimum lot width of 65 feet. Section 19.4 – A. Size of Lots: 1. Minimum Lot Area- Six thousand (6,000) square feet. 2. Minimum Lot Width- Sixty Feet (65’) 3. Minimum Lot Depth- One hundred feet (100’) The applicant currently owns two vacant lots known as 405 Frank St. Terrell, Texas. The lots are twenty-five feet wide each and one-hundred and twenty feet deep. Combining the two lots will create a single lot with a width of fifty feet and a depth of one hundred and twenty feet. The applicant is requesting a variance to allow him to build on a fifty-foot lot width; this request is fifteen feet less than the sixty-five feet required by ordinance. Staff recommends the granting of the variance to lot width to allow a new home to be built on this property, once it is replatted. Note: The Zoning Ordinance states that in granting a variance, the ZBA must come to a finding of hardship based on the facts of the application and the following criteria: 1. “That literal enforcement of the ordinance will create an unnecessary hardship in the development of the property. 2. “That the situation causing the hardship or difficulty is neither financial in nature, self-imposed nor generally affecting all or most properties in the same zoning district; and 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 (the zoning) regulations.” Notification: 9 - Notices were sent to property owners within two hundred feet (200’) of the request as required by State Law. Page 8 of 15 ITEM 5.1. Attachments: Staff Report Application Location Map Zoning Map FLU Map Buffer Map and Mailing List 200’ Owner PH Notice Page 9 of 15 ITEM 5.1. Page 10 of 15 ITEM 5.1. Page 11 of 15  ITEM 5.1. LL WW EE LL LL SS SS TT R ST BO O NE ST . AA FR RR A EE Z S T IINN IE MM F R A N K YO U N G BU B L R O N O E D T S T T ST S P A R K S B BEE TT H H LL E DA D S TT S S E LL S N II E AN Document Path: E:\SHP FILES\BUFFER MAPS\PID # 32208.mxd EHHE EMM S S TT Location Map Page 12 of 15 PID # 32208 Location PO P S TT K S O LL K Parcels Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 1 inch = 125 feet  ST ST BO O ITEM 5.1. NE LS NK EL ST FR A W ST L A S ER K IN R SP M A BO O NE ST B U R ST N ST ET NK KS FR A T SP AR SF-6 BU RN ET YO T UN G ST BL ST O ZIER O KS A D BU ST SP RN FR ST AR ET K T N A FR LS ST NIE ST DA KS FRANK SP ST AR Zoning AG = Agricultural NS = Neighborhood Service C = Commercial O = Office ST BETH LEH EM DANIELS ST CBD = Central Business District PD = Planned Development S YO K ST R Document Path: E:\SHP FILES\Zoning\ZONING small.mxd U D = DowntownT H -12 District R = Retail A N SP G B EE = Executive Estate SF-6 = Single-Family - 6 LO O D EE-32 = Executive Estate 32 SF-7.5 = Single-Family - 7.5 ST HC = Highway Corridor SF-10 = Single-Family - 10 Page 13 of 15 LI = Light Industrial SF-16 = Single-Family - 16 POLK ST MF = Multi-Family Residential TH-12 = Townhouse Residential - 12 POLK ST DANIELS ST POLK ST MH = Manufactured Home SF-7.5 1 inch = 125 feet  ITEM 5.1. 2017 Thoroughfare Routes ST S BO O EL NE L W A L ST ER IN ST M NK Lakeside 2-Lane Raod Lakeside Trail FR BU A Proposed Greenbelt Trails Minor Rail Access Coridor RN Major Rail Access Coridor ET T YO ST UN G ER BL O O ZI D A ST City of Terrell FR Future Land Use Plan ST TN KS SP AR Future Landuse Plan Mixed Use DT Mix Use Downtown BETHLEHEM ST MU Mix Use Neighborhood YO Residential UN TN Traditional Neighborhood EN Existing Neighborhood G NTN New Tradition Neighborhood BL LDR Low Density Residential TX Texas Heritage / Agriculture O Heritage Buffer Zone O Commercial D RO Local Retail and Office ST HC Highway Commercial Industrial OBP Office Business Park Page 14 of 15 IBP Industrial Business Park CI Cottage Industry Public / Civic POLK ST / 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. LL WW EE LL LL SS SS TT R ST BO O NE ST . AA FR RR A EE Z S T IINN IE MM F R A N K YO U N G BU B L R O N O E D T S T T ST S P A R K S B BEE TT H H LL E DA D S TT S S E LL S N II E AN Document Path: E:\SHP FILES\BUFFER MAPS\PID # 32208.mxd EHHE EMM S S TT Buffer Map Page 15 of 15 PID # 32208 200 ft. Buffer PO P S TT K S O LL K Parcels Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 1 inch = 125 feet