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HomeMy WebLinkAbout10-25-18 Regular Meeting of the Zoning Board of Adjustment Zoning Board of Adjustment Minutes of October 25, 2018 Board Members Present: Charles Crittenden, Nettie Warren, Phillip Hoot, and Chairman Rod Rothermel Board Members Absent: Chester Pool, Dennis Oian, and Thomas Deen City Staff Present: Assistant City Attorney Clark Askins,Assistant City Manager Jason Weeks, Planning Director Richard Mancilla,City Planner Ian Clowes, and Planning Technician Chase Stewart 1. Call to Order. Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2. Roll call of members. Board member Chester Pool, Dennis Oian, and Thomas Deen were not present 3. PUBLIC HEARING:A public hearing to consider Variance Request 18-93000007, a request by Joshua &Ashley Pressly for a tract of land located at 405 Bay Shore Dr., and legally described as TRS 1B & 2B, BLK 49. The applicant is seeking approval of a variance for a setback relief of 9ft, 9 & 5/8ths of an inch from the front property line and a setback relief of 4ft, 11 & 5/8thsof an inch in the rear. Chairman Rothermel opened the public hearing at 6:01 p.m. a. Staff Presentation Planning Technician, Chase Stewart, presented staff's report on variance request 18- 93000007. The applicant is requesting a reduction of the front setback line from the required 25 feet down to just under 15 feet and a reduction of the rear set back line from the required 15 down to 10 feet. This is to allow for the renovation and expansion of an existing historic home on site. b. Applicant Presentation Josh Pressly, 405 Bayshore Dr. explained the reasoning behind their request and how they wanted to restore the historic home and make it more livable by expanding it. The proposed setback will be in line with similar homes in the area. c. Public Comments None. Chairman Rothermel closed the public hearing at 6:07 p.m. d. Question and Answer Board member Hoot stated that he had no problems with the proposal. Board member Crittenden and Warren agreed. They did not have any issues with the proposal. Motion by Phillip Hoot to approve Variance#18-93000007. Second by Nettie Warren. Motion Carried. Ayes: Members Warren, Hoot, Crittenden, and Chairman Rothermel Nays: None Motion to approve passes, 4-0 Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 4. PUBLIC HEARING A public hearing to consider Special Exception 18-94000003,a request by Adrianne Feller for a tract of land located at 10410 N L St., legally described as TR 441C La Porte Outlots, to allow the applicant to subdivide the 1.0 acre sized parcel into two lots with reduced lot widths and area, in the Large Lot Residential District(LLD). Chairman Rothermel opened the public hearing at 6:09 p.m. a. Staff Presentation Planning Technician, Chase Stewart, presented staff's report on special exception request 18-94000003. The applicant is requesting a special exception to allow them to subdivide their father's 1 acre parcel in order to allow them to construct a second home on the remaining half acre lot. This is not currently permitted by code due to the existing Large Lot District (LLD) zoning. The code requires a minimum 1 acre lot size in LLD. Planning Technician Chase Stewart explained how the applicant previously attempted a zone change to R-1 which was denied by the City Council. Section 106-191 (4) allows for the ZBOA to approve a special exception allowing a property owner to deviate from the minimum lot size or width requirements as required in the zoning code. Board member Hoot questioned as to whether this is essentially a zone change.Staff explained that the zone would not be changing but that a special exception could grant relief from the specified lot area and dimension requirements. Board member Hoot stated that the purposes of the Lomax area was to preserve agriculture and was not in favor of this proposal. Chairman Rothermel explained that traditionally residents in this area have been opposed to smaller lots. In this case,the fact that no opposition to this proposal had been brought to staff, maybe the historic opposition was no longer there. b. Applicant Presentation Jeff and Adrienne Feller, 8900 Red Bluff Rd. Pasadena,TX explained that there family owns the lot and currently resides in a home on the eastern half. Mrs. Feller's father is ill and needs a caretaker close by to help. They hoped to subdivide the property in order to build a home for themselves on the western half acre in order to be close by. c. Public Comments Kathy Watkins, 1910 Lomax School Rd. stated that she was opposed to this request. She has concerns that this could lead to additional requests for subdivision of other large lots in the area. Walter H.Weaver Jr. 10430 N L St. stated that he is a nearby neighbor and is in favor of this proposal. Bill Bentley 10106 Wilmot Rd. discussed what went on at the past council meeting and explained how council voted 5-3 to approve but could not overcome Planning and Zoning Commissions recommendation to deny. Chairman Rothermel closed the public hearing at 6:24 p.m. d. Question and Answer Chairmen Rothermel had mixed emotions but was possibly okay with it since it was located adjacent to R-1. Board members Warren, Pool, and Crittenden agreed with Member Hoot in that they had no opposition to the request. Board members Warren, Hoot, and Crittenden are opposed to the request to allow for a smaller lot size. Motion by Phillip Hoot to approve Special Exception#18-94000003. Second by Charles Crittenden. Motion Carried. Ayes: None. Nays: Members Warren, Hoot Crittenden, and Chairman Rothermel Motion to approve failed, 0-4 Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5. Administrative Reports None. 6. Board comments on matters appearing on the agenda or inquiry of staff regarding specific factual information or existing policy. None. 7. Adjourn Chairman Rothermel adjourned the meeting at 6:31 p.m. Respectfully submitted, Chase Stewart Secretary, Zoning Board of Adjustment�i Passed and Approved on 1(/� V1c_ � / t� , 2019. Rod Rothe el Chairman,Zoning Board of Adjustment