AGENDA BOARD OF ADJUSTMENT SPECIAL MEETING. June 20, 2018 BARTONVILLE TOWN HALL 1941 E. JETER ROAD, BARTONVILLE, TX :00 P.M.

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1 A. CALL TO ORDER AGENDA BOARD OF ADJUSTMENT SPECIAL MEETING June 20, 2018 BARTONVILLE TOWN HALL 1941 E. JETER ROAD, BARTONVILLE, TX :00 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 April 18, 2018, meeting minutes. 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 garage approximately 10 feet off the north side property line, being less than the required twenty (20) feet and approximately 10 feet off the rear property line, being less than the required fifty (50) feet. The property is a 1.5-acre tract of land that is located in zoning district RE-2, and is described as A0928A MEP & PRR, TR 27, Town of Bartonville, Denton County, Texas, and is located at 1251 Bridle Bit Road, Bartonville, Texas. 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 June 20, 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: June 15, 2018, at 3:10 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 18 th day of April 2018, at 6:30 p.m., in the Council Chambers of Bartonville Town Hall, 1941 East Jeter Road, Bartonville, Texas. Present: Kathy Daum, Chairperson Nona Dodson Donna Baumgarner Michael Knoll Del Knowler Jim Lieber, Alternate #1 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 6:31 p.m. B. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG C. CITIZEN INPUT: None APPROVAL OF MINUTES: Board Member Michael Knoll moved to approve the September 13, 2017, meeting minutes. Board Member Donna Baumgarner 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 Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Section 4.9 Area Standards for Nonresidential Standards, Chart 4.4 Village Center (VC) Side Yard Setback Twenty Feet (20 ) to allow for a side yard setback of ten feet (10 ). The property is a acre tract of land described as Lot 2, Block A, Yeti Addition, Town of Bartonville, Texas and is land located west of FM 407 and south of I.T. Neely Drive. Chairperson Daum opened the public hearing at 6:34 p.m. Mr. Montgomery made a presentation on behalf of the town and presented the application and supporting materials. Robert Fiester, the applicant s representative, was sworn in and made a presentation. Mr. Fiester explained that due to easements located within the property, they needed a 10 setback rather than the required 20 side yard setback. Board of Adjustment Page 1 of 3 April 18, 2018 Minutes

4 Mr. Fiester answered questions from the board. Those Opposed None Those in Favor Randi Rivera on behalf of the property owner, Bruce Monroe Chairperson Daum closed the Public Hearing at 6:44 p.m. Board member Del Knowler made a motion to approve a variance from Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Section 4.9 Area Standards for Nonresidential Standards, Chart 4.4 Village Center (VC) Side Yard Setback Twenty Feet (20 ) to allow for a side yard setback of ten feet (10 ). The property is a acre tract of land described as Lot 2, Block A, Yeti Addition, Town of Bartonville, Texas and is land located west of FM 407 and south of I.T. Neely Drive. The motion was seconded by Board member Donna Baumgarner. Board member Del Knowler left the meeting at 6:45 p.m. VOTE ON THE MOTION AYES: Daum, Knoll, Baumgarner, Dodson, Knowler NAYS: None VOTE: 5/0 1. Public Hearing to hear public comment and consider a request for a variance from Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Section 4.8 Residential Development Standards, Chart 4.3 R-1 Minimum Lot Size of 1 acre to allow for a lot size of approximately.90 of an acre; and Minimum Street Frontage of one hundred and fifty feet (150 ) to allow a minimum street frontage of approximately one hundred and forty feet (140 ). The property is a 1-acre tract of land described as Lot 4, Block B, Woodbine Estates, Town of Bartonville, Texas and is located at 648 Seals Road, Bartonville, Texas. Chairperson Daum opened the public hearing at 6:45 p.m. Mr. Montgomery made a presentation on behalf of the town and presented the application and supporting materials. Jim Coke, the applicant s representative, was sworn in and made a presentation. Mr. Coke stated they would like to move the property line to match the current fence line. Mr. Coke answered questions from the board. Those Opposed None Those in Favor None Chairperson Daum closed the Public Hearing at 6:52 p.m. Board of Adjustment Page 2 of 3 April 18, 2018 Minutes

5 Board member Michael Knoll made a motion to approve a variance from Chapter 14, Zoning Regulations, Exhibit A, Division II, Districts, Chapter 4, Section 4.8 Residential Development Standards, Chart 4.3 R-1 Minimum Lot Size of 1 acre to allow for a lot size of approximately.90 of an acre; and Minimum Street Frontage of one hundred and fifty feet (150 ) to allow a minimum street frontage of approximately one hundred and forty feet (140 ). The property is a 1-acre tract of land described as Lot 4, Block B, Woodbine Estates, Town of Bartonville, Texas and is located at 648 Seals Road, Bartonville, Texas.. The motion was seconded by Board member Jim Lieber. VOTE ON THE MOTION AYES: Daum, Knoll, Baumgarner, Dodson, Lieber NAYS: None VOTE: 5/0 F. ADJOURNMENT There being no further business to come before the board, Chairperson Daum declared the meeting adjourned at 6:55 p.m. APPROVED this the 20th day of June Approved: Attest: Kathy Daum, Chairperson Michael Montgomery, Town Administrator Board of Adjustment Page 3 of 3 April 18, 2018 Minutes

6 Board of Adjustment Public Hearing Item 1 DATE: June 20, 2018 FROM: ITEM: Michael Montgomery, Town Administrator 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 garage approximately 10 feet off the north side property line, being less than the required twenty (20) feet and approximately 10 feet off the rear property line, being less than the required fifty (50) feet. The property is a 1.5-acre tract of land that is located in zoning district RE-2, and is described as A0928A MEP & PRR, TR 27, Town of Bartonville, Denton County, Texas, and is located at 1251 Bridle Bit Road, Bartonville, Texas. VARIANCE REQUEST The property owner, Michael Ayers, has requested a variance to: 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 garage approximately 10 feet off the north side property line, being less than the required twenty (20) feet and approximately 10 feet off the rear property line, being less than the required fifty (50) feet The variance has been requested to build a new garage. See explanation from property owner (attached). LOCATION/ZONING/LAND USE PLAN The 1.5-acre lot is located at 1251 Bridle Bit Road. The property is zoned RE-2 Residential Estates 2 and is the same on the Land Use Plan. There is currently an occupied residential structure on the property. RECOMMENDATION The application is complete and is recommended for consideration by the Board of Adjustment. VARIANCE CONSIDERATION

7 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 majority (3 out of 5 votes) votes for the request, the variance request fails and is not approved. ATTACHMENTS: Variance Request Representative s explanation Location Map Declararation of Nonconforming Use Letter mailed to property owners within 200

8 Copy of Legal Notice

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12 Bridle Bit Rd. Latigo Rd Variance Request 1.5-acre tract of land described as A0928A MEP & PRR, TR 27, Town of Bartonville, Denton County, Texas, and is located at 1251 Bridle Bit Road, Bartonville, Texas.

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17 1941 E. Jeter Road, Bartonville, TX Letter to homeowners within 200 June 4, 2018 Owner Address City, State Zip RE: Variance request for a 1.5-acre tract of land described as A0928A MEP & PRR, TR 27, Town of Bartonville, Denton County, Texas and is located at 1251 Bridle Bit, 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. 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 6:00 p.m. on June 20, 2018, at Bartonville Town Hall, 1941 E. Jeter Road, Bartonville, Texas, 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 garage approximately 10 feet off the north side property line, being less than the required twenty (20) feet and approximately 10 feet off the rear property line, being less than the required fifty (50) feet. The property is a 1.5-acre tract of land that is located in zoning district RE-2, and is described as A0928A MEP & PRR, TR 27, Town of Bartonville, Denton County, Texas, and is located at 1251 Bridle Bit 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

18 Order Confirmation Customer: Ad Order #: Sales Rep: BARTONVILLE TOWN OF Customer Account: PO Number: Kaycee Key Order Taker: Kaycee Key Net Amount: $21.40 Tax Amount: $0.00 Total Amount: $21.40 Payment Method: Check/Money Order Payment Amount: $0.00 Amount Due: $21.40 Ad Order #: Ad Number: Color: Ad Size: 1 X 34 li WYSIWYG Content Run Dates Product Placement/Classification - Position Sort Text Publish Date: 06/04/2018 DP Denton Record DP C-Legals - DP LG Legals Stop Date: 06/04/2018 LGL-NPH Publish Date: 06/04/2018 DP Denton RC.com DP C-Legals - DP LG Legals Stop Date: 07/04/2018 LGL-NPH Page 1 of 1