AGENDA BOARD OF ADJUSTMENT SPECIAL MEETING. November 14, 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 November 14, 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 19, 2018, meeting minutes. E. PUBLIC HEARING 1. Public hearing to hear public comment and consider a request for a variance from the zoning district requirements for VC, Village Center District, zoning district set forth in Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Zoning Districts, Section 4.9, Area Standards for Nonresidential Districts, Chart 4.4 Area Standards for Non-Residential Lots, Note 1 to allow for the construction and continued placement of an above ground 500 gallon propane tank approximately 11 feet from the west side property line, being less than the required seventy five (75) feet. The Board of Adjustment will also hear public comment and consider a request for a variance from Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 12, Village Center District, Section 12.3, Development and Performance Standards, Subsection C.8.a.1.a.1 to allow for the construction of an above ground 500 gallon propane tank to not be fully screened with a masonry screening wall. The property is a acre tract of land described as Lot 1R-2, Block A, Denkmann Plaza Addition, Town of Bartonville, Denton County, Texas, and is located west of FM 407 and north of I.T. Neely Drive, at 2664 FM 407, Bartonville, Texas. All interested parties are encouraged to attend. a. Staff presentation b. Applicant presentation c. Those in Favor

2 Board of Adjustment Meeting Agenda November 14, 2018 Page 2 d. Those Opposed e. Rebuttal f. Hearing Closed to Public Comment Board discussion and action on variance request. 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: November 9, 2018, at 4:20 p.m. at least 72 hours prior to the time of said meeting. Michael Montgomery, Town Administrator 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 19 th day of September 2018, at 6:00 p.m., in the Council Chambers of Bartonville Town Hall, 1941 East Jeter Road, Bartonville, Texas. Present: Kathy Daum, Chairperson Nona Dodson Del Knowler Donna Baumgarner Michael Knoll Jim Lieber, Alternate #1 Renae Redfearn, Alternate #2 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 APPROVAL OF MINUTES: Board Member Del Knowler moved to approve the August 15, 2018 meeting minutes. Board Member Nona Dodson seconded the motion. The motion carried 5 to 0. D. PUBLIC HEARING 1. Public hearing to hear public comment and consider a request for a variance from Town Code Chapter 14, Zoning Ordinance, Exhibit A, Division IV, Special Requirements, Chapter 19, Accessory Building and Use Regulations, Section 19.4, Accessory Buildings, Subsection A, accessory building minimum setbacks, to allow an accessory structure to be placed between the primary structure and public street. The subject property is a 6.37-acre tract of land described as A0042A J. Burke, TR 1, Old DCAD TR 3 (1), Bartonville, Texas, and is located at 1440 E. Jeter Road, Bartonville, Texas. Chairperson Daum open the Public Hearing at 6:02. Mr. Montgomery made a presentation on behalf of the Town and presented the application and supporting materials. Tina Coleman, the applicant, was sworn in and presented that he would like to add loafing shed in front of her horse barn. Board of Adjustment Page 1 of 4 September 19, 2018 Minutes

4 Ms. Coleman answered questions from the board. Those Opposed None Those in Favor Three Written Comment Chairperson Daum closed the Public Hearing at 6:04 p.m. Board member Michael Knoll made a motion to approve a variance from Town Code Chapter 14, Zoning Ordinance, Exhibit A, Division IV, Special Requirements, Chapter 19, Accessory Building and Use Regulations, Section 19.4, Accessory Buildings, Subsection A, accessory building minimum setbacks, to allow an accessory structure to be placed between the primary structure and public street. The motion was seconded by Board member Nona Dodson. VOTE ON THE MOTION AYES: Dodson, Knoll, Redfearn, Daum, Baumgarner 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 Ordinance, 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, Note 1, to allow for the construction and continued placement of a new residence approximately 5 feet off the north side right-of-way line, being less than the thirty (30) feet required by Chart 4.2, Note 1. The property is a 2-acre tract of land that is a corner lot and is located in zoning district RE-2, and is described as Lot 1-R, Block A, Rockgate Estates, Town of Bartonville, Denton County, Texas, and is located at 1040 Rockgate Road, Bartonville, Texas. Chairperson Daum open the Public Hearing at 6:12. Mr. Montgomery made a presentation on behalf of the Town and presented the application and supporting materials. Rebecca Clark, the applicant, was sworn in and presented that he would like to place her new residence 5 feet off the north right-of-way line instead of the required 30 feet. Ms. Clark answered questions from the board. Those Opposed None Those in Favor Bill Scherer, 1173 Rockgate Chairperson Daum closed the Public Hearing at 6:22 p.m. Board of Adjustment Page 2 of 4 September 19, 2018 Minutes

5 The Board members deliberated and determined that they would only grant a variance of 20ft from the north property line. Board member Del Knowler made a motion to approve a variance from Town Code Chapter 14, Zoning Ordinance, 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, Note 1, to allow for the construction and continued placement of a new residence approximately 20 feet off the north side right-of-way line, being less than the thirty (30) feet required by Chart 4.2, Note 1 The motion was seconded by Board member Nona Dodson. VOTE ON THE MOTION AYES: Dodson, Knoll, Redfearn, Daum, Baumgarner NAYS: None VOTE: 5/0 3. Public hearing to hear public comment and consider a request for a variance from Town Code Chapter 14, Zoning Ordinance, Exhibit A, Division IV, Special Requirements, Chapter 19, Accessory Building and Use Regulations, Section 19.4, Accessory Buildings, Subsection A, accessory building minimum setbacks, to allow multiple accessory structures to be placed between the primary structure and public street. The subject property is a acre tract of land described as Rockgate Estates, Block A, Lot 4-R-3R, Bartonville, Texas, and is located at 1200 Rockgate Road, Bartonville, Texas. Chairperson Daum open the Public Hearing at 6:39. Mr. Montgomery made a presentation on behalf of the Town and presented the application and supporting materials. Sherry Pound of Yarramna LLC, the applicant, was sworn in and presented that they are looking to locate their equestrian center in between their house and Rockgate Road. Ms. Pound answered questions from the board. Those Opposed None Those in Favor None Those Neither Opposed or In Favor Bill Scherer, 1173 Rockgate, 9 73 Ridgewood Circle, Larry Hays Chairperson Daum closed the Public Hearing at 6:45 p.m. Board of Adjustment Page 3 of 4 September 19, 2018 Minutes

6 Board member Del Knowler made a motion to approve a variance from Town Code Chapter 14, Zoning Ordinance, Exhibit A, Division IV, Special Requirements, Chapter 19, Accessory Building and Use Regulations, Section 19.4, Accessory Buildings, Subsection A, accessory building minimum setbacks, to allow multiple accessory structures to be placed between the primary structure and public street. The motion was seconded by Board member Michael Knoll. VOTE ON THE MOTION AYES: Knoll, Redfearn, Daum, Baumgarner NAYS: Dodson VOTE: 4/1 F. ADJOURNMENT There being no further business to come before the board, Chairperson Daum declared the meeting adjourned at 6:59 p.m. APPROVED this the 14th day of November Approved: Attest: Kathy Daum, Chairperson Michael Montgomery, Town Administrator Board of Adjustment Page 4 of 4 September 19, 2018 Minutes

7 Board of Adjustment Public Hearing Item 1 DATE: November 14, 2018 FROM: ITEM: Michael Montgomery, Town Administrator Public hearing to hear public comment and consider a request for a variance from the zoning district requirements for VC, Village Center District, zoning district set forth in Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Zoning Districts, Section 4.9, Area Standards for Nonresidential Districts, Chart 4.4 Area Standards for Non-Residential Lots, Note 1 to allow for the construction and continued placement of an above ground 500 gallon propane tank approximately 11 feet from the west side property line, being less than the required seventy five (75) feet. The Board of Adjustment will also hear public comment and consider a request for a variance from Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 12, Village Center District, Section 12.3, Development and Performance Standards, Subsection C.8.a.1.a.1 to allow for the construction of an above ground 500 gallon propane tank to not be fully screened with a masonry screening wall. The property is a acre tract of land described as Lot 1R-2, Block A, Denkmann Plaza Addition, Town of Bartonville, Denton County, Texas, and is located west of FM 407 and north of I.T. Neely Drive, at 2664 FM 407, Bartonville, Texas. All interested parties are encouraged to attend. VARIANCE REQUEST The property owner, Marty Bryan, have requested a variance to allow for the construction and continued placement of an above ground 500 gallon propane tank approximately 11 feet from the west side property line, being less than the required seventy five (75) feet. Also, a variance to allow for the construction of an above ground 500 gallon propane tank to not be fully screened with a masonry screening wall LOCATION/ZONING/LAND USE PLAN The acre lot is located at 2665 FM 407. The property is zoned VC Village Center District and is the same on the Land Use Plan. RECOMMENDATION The application is complete and is recommended for consideration by the Board of Adjustment. ATTACHMENTS: Variance Request

8 Location Map Letter mailed to property owners within 200 Copy of Legal Notice

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11 FM 407 LOCATION MAP I.T. NEELY RD Variance request for a acre tract of land described as Lot 1R-2, Block A, Denkmann Plaza Addition, Town of Bartonville, Denton County, Texas and is located west of FM 407 and north I.T. Neely Drive, Bartonville, Texas.

12 1941 E. Jeter Road, Bartonville, TX November 2, 2018 RE: Variance request for a acre tract of land described as Lot 1R-2, Block A, Denkmann Plaza Addition, Town of Bartonville, Denton County, Texas, and is located west of FM 407 and north of I.T. Neely Drive, at 2664 FM 407, 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 5:30 p.m. on November 14, 2018, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, to hear public comment and consider a request for a variance from the zoning district requirements for VC, Village Center District, zoning district set forth in Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Zoning Districts, Section 4.9, Area Standards for Nonresidential Districts, Chart 4.4 Area Standards for Non-Residential Lots, Note 1 to allow for the construction and continued placement of an above ground 500 gallon propane tank approximately 11 feet from the west side property line, being less than the required seventy five (75) feet. The Board of Adjustment will also hear public comment and consider a request for a variance from Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 12, Village Center District, Section 12.3, Development and Performance Standards, Subsection C.8.a.1.a.1 to allow for the construction of an above ground 500 gallon propane tank to not be fully screened with a masonry screening wall. The property is a acre tract of land described as Lot 1R-2, Block A, Denkmann Plaza Addition, Town of Bartonville, Denton County, Texas, and is located west of FM 407 and north of I.T. Neely Drive, at 2664 FM 407, 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, Michael Montgomery Town Administrator Enclosure: Location Map

13 DENTON RECORD CHRONICLE P.O. BOX 369 DENTON TX (940) ORDER CONFIRMATION (CONTINUED) Salesperson: Kaycee Key Printed at 10/24/18 15:50 by kkey dm Acct #: 232 Ad #: 7782 Status: New WHOLD WHOL The Board of Adjustment for the Town of Bartonville, Texas, will conduct a public hearing at 5:30 p.m. on November 14, 2018, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, to hear public comment and consider a request for a variance from the zoning district requirements for VC, "Village Center District," zoning district set forth in Chapter 14, Zoning Regulations, Exhibit "A," Division II, Districts, Chapter 4, Zoning Districts, Section 4.9, Area Standards for Nonresidential Districts, Chart 4.4 Area Standards for Non-Residential Lots, Note 1 to allow for the construction and continued placement of an above ground 500 gallon propane tank approximately 11 feet from the west side property line, being less than the required seventy five (75) feet. The Board of Adjustment will also hear public comment and consider a request for a variance from Chapter 14, Zoning Regulations, Exhibit "A," Division II, Districts, Chapter 12, Village Center District, Section 12.3, Development and Performance Standards, Subsection C.8.a.1.a.1 to allow for the construction of an above ground 500 gallon propane tank to not be fully screened with a masonry screening wall. The property is a acre tract of land described as Lot 1R-2, Block A, Denkmann Plaza Addition, Town of Bartonville, Denton County, Texas, and is located west of FM 407 and north of I.T. Neely Drive, at 2664 FM 407, Bartonville, Texas. All interested parties are encouraged to attend. drc 10/29/2018