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HomeMy WebLinkAbout11-3-22 BA Minutes $$$ " * M I N U T E S * BOARD OF ADJUSTMENT November 3, 2022 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on November 3, 2022 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Board Member Tom Rowe Board Member Rogers Sorrell Jr. Board Members absent: Alternate Board Member Christy Amuny Alternate Board Member Chris Jones Also present: Demi Engman, Senior Planner Sharae Reed, City Attorney Susan Smith, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for July 7, 2022. Board Member Sorrell seconded the motion. The motion to approve the minutes carried 5:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:04 p.m. PUBLIC HEARING 1) File PZ2022-403: To consider a request for a Variance to the required rear yard setback to NQ!^QPaOQP!R^\[Y!-0i!`\[!0i1h!MZP!`TQ!^Q\]aU^QP!\\MbQYQZ`!_Q`NMOW!`\[!NQ!^QPaOQP!R^\[Y!-i!`\[!1h Applicant: Myranda Craft for Esther Auzeene Location: 1615 Elgie Street **This item was withdrawn 11/3/22 by the Developer. They redesigned the site plan to be in compliance** 2) File PZ2022-410: To consider a request for a Variance to the required street frontage to be ^QPaOQP!R^\[Y!0+i!`\[!/4*32i* Applicant: Access Surveyors for Kendra and Justin Williams Location: 8525 Highway 105 BOARD OF ADJUSTMENT November 3 2022 $ Mrs. Engman presented the staff report. Access Surveyors, on behalf of Kendra and Justin Williams, requests a Variance for the required street frontage for a proposed minor plat. The property is zoned Residential Single-Family (R- G'!MZP!`TQ^QR\[^Q!^Q\]aU^Q_!M!_`^QQ`!R^\[Z`MSQ!\[R!0+i*!!HTQ!M\\\\XUOMZ`!^Q\]aQ_`_! the ^Q\]aU^QP!_`^QQ`!R^\[Z`MSQ!NQ!^QPaOQP!R^\[Y!0+i!`\[!/4*32i*!!HTQ!UZ`QZ`!\[R!`TU_!JM^UMZOQ!U_!`\[!`MWQ!\[ZQ! (1) lot and divide it into three (3) single family lots. Our minimum lot requirements for lots within the R- G!f\[ZUZS!PU_`^UO`!M^Q!0+i!UZ!cUP`T!Ne!,++i!UZ!PQ\\`T*!! Section Therefore, this lot is less than the required minimums set forth in City ordinances within 28.03.024 District Area and Height Regulations. Please see Lots 2 and 3 of the proposed plat located in your packets for a visual reference of the aforementioned. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the Variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of \\^\[\\Q^`e!UZ!\]aQ_`U\[Z*!!gIZZQOQ__M^e!TM^P_TU\\h!_TMXX!YQMZ!\\Te_UOMX!TM^P_TU\\!^QXM`UZS!`\[!`TQ! property itself as distinguished from a hardship relating to convenience, financial consideration _!\[^!OM\\^UOQ(!MZP!`TQ!TM^P_TU\\!Ya_`!Z\[`!^Q_aX`!R^\[Y!`TQ!M\\\\XUOMZ`!\[^!\[cZQ^i_! actions; and C) That by granting the Variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property and site plan were shown. Eleven (11) notices were mailed to property owners within two hundred (200) feet of the subject property. Zero (0) responses were received in favor and one (1) was received in opposition. There were no notes to the opposition for the owner of a neighboring property. Brief discussion followed concerning the location of a neighboring property, structures situated on the subject property, and subject property easements & setbacks. The public hearing was opened on this item. Justin Williams, 150 Remington Circle, Lumberton, Texas, addressed the Board. He stated he represents ownership of the subject property. The structure he removed from the property was a garage used for automotive repairs by a former owner. He added that someone is currently residing in the home located on Lot 1 with the intention of the renter purchasing the home. Newly constructed homes will be erected on Lots 2 & 3. 2 BOARD OF ADJUSTMENT November 3 2022 $ Discussion followed concerning the existing sewer easement The public hearing was closed on this item. Board Member Rowe moved to approve the request for a variance to the required street frontage to be -410. Board Member Hilliard seconded the ^QPaOQP!R^\[Y!0+i!`\[!/4*32i(!M_!^Q\]aQ_`QP!UZ!=UXQ!EL-+-- motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye, Board Member Sorrell-Aye. The motion to approve passed 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:11 p.m. 3