AGENDA BOARD OF ADJUSTMENT SPECIAL MEETING. March 21, 2018 BARTONVILLE TOWN HALL 1941 E. JETER ROAD, BARTONVILLE, TX :30 P.M.

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1 A. CALL TO ORDER AGENDA BOARD OF ADJUSTMENT SPECIAL MEETING March 21, 2018 BARTONVILLE TOWN HALL 1941 E. JETER ROAD, BARTONVILLE, TX :30 P.M. B. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG C. CITIZENS INPUT: Please fill out a "Citizen Participation" form in order to address the Board and turn the form in to the Town representative. Individual speaker s time shall be limited to three (3) minutes each and may be extended by an additional (3) minutes with the approval of a majority of the Board present. The purpose of this item is to allow the public an opportunity to address the Board of Adjustment on issues that are not the subject of a public hearing. Any item requiring a public hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "Public Hearing." D. APPROVAL OF MINUTES: Discuss and consider approval of the September 13, 2017, meeting minutes. E. PUBLIC HEARING 1. Public Hearing to hear public comment and consider a request for a variance from Chapter 14, Zoning Regulations, Exhibit A, Division I, General Requirements, Chapter 2, Section 2.2 Definitions (36) Carport to allow more than 3 vehicles and to exceed more than 24 feet on its longest dimension; and a variance from Chapter 14, Zoning Regulations, Exhibit A, Division IV, Special Requirements, Chapter 19, Section 19.A Accessory Building minimum setbacks to allow an accessory structure to be placed between the primary structure and public street and to allow two accessory structures to be located within the minimum building setbacks. The property is a acre tract of land described as Lot 2R, Block A, Bartonville Town Hall Addition, Town of Bartonville, Texas and is located at 1911 E. Jeter Road, Bartonville, Texas. (For clarity of understanding, this request is to allow for covered parking on the existing parking spaces.) a. Staff presentation b. Applicant presentation c. Those in Favor d. Those Opposed e. Rebuttal f. Hearing Closed to Public Comment Board discussion and action on variance request.

2 Board of Adjustment Meeting Agenda March 21, 2018 Page 2 F. ADJOURNMENT I do hereby certify that the Notice of Meeting was posted on the bulletin board at Town Hall of the Town of Bartonville, Texas, a place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time: March 16, 2018, at 5:30 p.m. at least 72 hours prior to the time of said meeting. Tammy Dixon, Town Secretary The Board of Adjustment reserves the right to adjourn into a closed meeting or executive session as authorized by Texas Government Code, Sections , et seq. (the Texas Open Meetings Act) on any item on its open meeting agenda in accordance with the Texas Open Meetings Act, including, without limitation Sections of the Texas Open Meetings Act. Any final action, decision, or vote on a matter deliberated in a closed meeting will only be taken in an open meeting that is held in compliance with Texas Government Code, Chapter 551.

3 The Board of Adjustment held a special meeting on the 13 th day of September 2017, at 6:00 p.m., in the Council Chambers of Bartonville Town Hall, 1941 East Jeter Road, Bartonville, Texas. Present: Kathy Daum, Chairperson Del Knowler Nona Dodson Donna Baumgarner Michael Knoll, Alternate #1 (voted in absence of Gary Marco) Jim Lieber, Alternate #2 Absent: Gary A. Marco Also present: Michael Montgomery, Town Administrator and Ed Voss, Town Attorney There constituting a quorum, the following business took place: A. CALL TO ORDER Chairperson Daum called the meeting to order at 6:00 p.m. B. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG C. CITIZEN INPUT: None D. APPROVAL OF MINUTES: Board Member Nona Dodson moved to approve the July 20, 2017, meeting minutes. Board Member Del Knowler seconded the motion. The motion carried 5 to 0. E. PUBLIC HEARING 1. Public Hearing to hear public comment and consider a request for a variance from Town Code Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Zoning Districts, Section 4.7, Area Standards for Detached Single-Family Dwellings, Chart 4.2 Area Standards for Residential Lots to allow for the construction and continued placement of a storage building approximately 17 feet off the west side property line, being less than the required twenty (20) feet. The property is a acre tract of land that is not a corner lot and is located in zoning district RE-2, and is described as Lot 24A, Section 1, Green Oaks Estates, Town of Bartonville, Denton County, Texas, and is located at 1501 E. Jeter Road, Bartonville, Texas. Chairperson Daum opened the public hearing at 6:02 p.m. Mr. Montgomery made a presentation on behalf of the town and presented the application and supporting materials. Board of Adjustment Page 1 of 3 September 13, 2017 Minutes

4 Mr. Stenovitch, property owner, was sworn in and made a presentation. Mr. Stenovitch stated that wanted to replace the existing structure to create more usable space. Mr. Stenovitch answered questions from the board. Those Opposed None Those in Favor None Chairperson Daum closed the Public Hearing at 6:10 p.m. Board member Donna Baumgarner made a motion to approve a variance from Town Code Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Zoning Districts, Section 4.7, Area Standards for Detached Single-Family Dwellings, Chart 4.2 Area Standards for Residential Lots to allow for the construction and continued placement of a storage building approximately 17 feet off the west side property line, being less than the required twenty (20) feet for the Property located at 1501 E. Jeter Road, Town of Bartonville, Denton County, Texas. The motion was seconded by Board member Michael Knoll. VOTE ON THE MOTION AYES: Daum, Knowler, Baumgarner, Dodson, Knoll NAYS: None VOTE: 5/0 2. Public Hearing to hear public comment and consider a request for a variance from Town Code Chapter 14, Zoning Regulations, Exhibit A, Division IV, Special Requirements, Chapter 19, Accessory Building and Use Regulations, Section 19.3, Accessory Dwellings, Subsection (I) which requires a minimum lot size of four (4) acres to be eligible for a building permit to construct an accessory dwelling. The variance sought is to allow a lot size of two (2) acres to be eligible for a building permit to construct an accessory dwelling. The property is a acre tract of land described as Lot 22, Wolf Hill Estates, Town of Bartonville, Denton County, Texas, and is located at 205 Coyote Court, Bartonville, Texas. Chairperson Daum opened the public hearing at 6:25 p.m. Mr. Montgomery made a presentation on behalf of the town and presented the application and supporting materials. Mr. Campbell, property owner, was sworn in and made a presentation. Mr. Campbell explained they would like to have an accessory dwelling for family members and care takers for his daughter. Mr. Campbell answered questions from the board. Board of Adjustment Page 2 of 3 September 13, 2017 Minutes

5 Those Opposed None Those in Favor None Chairperson Daum kept the Public Hearing open at 6:41 p.m. F. ADJOURNMENT There being no further business to come before the board, Chairperson Daum declared the meeting adjourned at 6:41 p.m. APPROVED this the 21st day of March Approved: Attest: Kathy Daum, Chairperson Michael Montgomery, Town Administrator Board of Adjustment Page 3 of 3 September 13, 2017 Minutes

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7 Board of Adjustment Public Hearing Item 1 DATE: March 21,2018 FROM: ITEM: Michael Montgomery, Town Administrator Public Hearing to hear public comment and consider a request for a variance from Chapter 14, Zoning Regulations, Exhibit A, Division I, General Requirements, Chapter 2, Section 2.2 Definitions (36) Carport to allow more than 3 vehicles and to exceed more than 24 feet on its longest dimension; and a variance from Chapter 14, Zoning Regulations, Exhibit A, Division IV, Special Requirements, Chapter 19, Section 19.A Accessory Building minimum setbacks to allow an accessory structure to be placed between the primary structure and public street and to allow two accessory structures to be located within the minimum building setbacks. The property is a acre tract of land described as Lot 2R, Block A, Bartonville Town Hall Addition, Town of Bartonville, Texas and is located at 1911 E. Jeter Road, Bartonville, Texas. VARIANCE REQUEST The property owner, Happy Huts LLC, has requested a variance to: - Chapter 14, Zoning Regulations, Exhibit A, Division I, General Requirements, Chapter 2, Section 2.2 Definitions (36) Carport to allow more than 3 vehicles and to exceed more than 24 feet on its longest dimension. - Chapter 14, Zoning Regulations, Exhibit A, Division IV, Special Requirements, Chapter 19, Section 19.A Accessory Building minimum setbacks to allow an accessory structure to be placed between the primary structure and public street and to allow two accessory structures to be located within the minimum building setbacks. The applicant requests the variances to allow for covered parking over the existing 10 parking spaces in front of his office building and over two of the existing spaces on the west side of the building. The proposed covered parking in the front will be approximately 45 feet from the street (Jeter Rd.) and the covered parking on the west side of the building will be approximately six feet from the side property line. LOCATION/ZONING/LAND USE PLAN The acre lot is located west of Bartonville Town Hall at 1911 E. Jeter Road. The property is zoned RB Rural Business with an existing approximately 4,400 square foot office building fronting onto E. Jeter Road. RB RURAL BUSINESS ZONING DISTRICT The Rural Business (RB) zoning district regulations specify the zoning and development criteria for a commercial center, known as the Bartonville Town Hall addition, which includes City Hall and this existing office building. The regulations do not provide a definition for covered parking. This

8 request is for a variance in the definition of carports and the setback requirements to allow for covered parking. RECOMMENDATION The application is complete and is recommended for consideration by the Board of Adjustment. VARIANCE CONSIDERATION According to Chapter 14, Appendix A.3 Variance Petitions of the Bartonville Code of Ordinances the applicant bears the burden of proof to demonstrate that a variance should be granted. Appendix A.3.D lists the following criteria for approval: a. There are special circumstances or conditions arising from the physical surroundings, shape, topography or other feature affecting the land subject to the variance petition, such that the strict application of the provisions of this Zoning Ordinance to the development application would create an unnecessary hardship or inequity upon or for the petitioner, as distinguished from a mere inconvenience, in developing the land or deprive the petitioner of the reasonable and beneficial use of the land; b. The circumstances causing the hardship do not similarly affect all or most properties in the vicinity of the petitioner s land; c. The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; d. Granting the variance petition will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; e. Granting the variance petition will not have the effect of preventing the orderly use and enjoyment of other land within the area in accordance with the provisions of this Ordinance, or adversely affect the rights of owners or residents of surrounding property; f. Granting the variance petition is consistent with any special criteria applicable to varying particular standards; g. The hardship or inequity suffered by petitioner is not self-induced; h. The request for a variance is not based exclusively upon a desire from the petitioner for increased financial gain from the property, or to reduce an existing financial hardship; and i. The degree of variance requested is the minimum amount necessary to meet the needs of petitioner and to satisfy the standards in this section. According to Chapter of the Texas Local Government Code the Board of Adjustment has the authority to grant the requested variance, but it takes a ¾ (supermajority) vote to approve the variance (4 out of 5 votes). Even if the vote is a simple

9 majority (3 out of 5 votes) votes for the request, the variance request fails and is not approved. ATTACHMENTS: Variance Request Location Map Letter mailed to property owners within 200 Copy of Legal Notice

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15 LOCATION MAP MC MAKIN RD JETER ROAD JETER ROAD Variance request for a acre tract of land described as Lot 2R, Block A, Bartonville Town Hall Addition, Town of Bartonville, Texas and is located at 1911 E. Jeter Road, Bartonville, Texas.

16 1941 E. Jeter Road, Bartonville, TX March 8, 2018 RE: Variance request for a acre tract of land described as Lot 2R, Block A, Bartonville Town Hall Addition, Town of Bartonville, Texas and is located at 1911 E. Jeter Road, Bartonville, Texas. Dear Property Owner, Per the Denton County Appraisal Disticts records, you own property (Property ID ) within two hundred feet (200 ) of the property described in the notice below. The owner of the property has made application for a variance request from the Town s zoning regulations. Enclosed is a map of the general location for the variance request. You are invited to attend and participate in the following public hearing regarding this application: The Board of Adjustment for the Town of Bartonville, Texas, will conduct a public hearing at 6:30 p.m. on March 21, 2018, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, to hear public comment and consider a request for a variance from Chapter 14, Zoning Regulations, Exhibit A, Division I, General Requirments, Chapter 2, Section 2.2 Definitions (36) Carport to allow more than 3 vehicles and to exceed more than 24 feet on its longest dimension; and a variance from Chapter 14, Zoning Regulations, Exhibit A, Division IV, Speical Requirements, Chapter 19, Section 19.A Accessory Building minimum setbacks to allow an accessory structure to be placed between the primary structure and public street and to allow two accessory structures to be located within the minimum building setbacks. For clarity of understanding, this request is to allow for covered parking on the existing parking spaces. The property is a acre tract of land described as Lot 2R, Block A, Bartonville Town Hall Addition, Town of Bartonville, Texas and is located at 1911 E. Jeter Road, Bartonville, Texas. All interested parties are encouraged to attend. Should you have any questions regarding this matter, please feel free to contact me at Sincerely, Tammy Dixon Town Secretary Enclosure: Location Map

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