AGENDA ZONING BOARD OF ADJUSTMENT August 10, :00 pm BURLESON CITY HALL 141 W. RENFRO BURLESON, TX 76028

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1 AGENDA ZONING BOARD OF ADJUSTMENT August 10, :00 pm BURLESON CITY HALL 141 W. RENFRO BURLESON, TX Call to Order - 6:00 pm 1. Approve the minutes from the July 20, 2016 meeting. 2. Public hearing and consideration of a request for a variance from Section of the Burleson Zoning Ordinance to allow for an encroachment of a building addition on the side yard of property located at 1239 Spanish Moss Dr. (Case ) Adjourn. Staff Contact Joni Van Noy City Planner, City of Burleson Development Services P: (817) jvannoy@burlesontx.com CERTIFICATE I hereby certify that the above agenda was posted on this the 7th of August 2017, by 5:00 p.m., on the official bulletin board at the Burleson City Hall, 141 W. Renfro, Burleson, Texas. Amanda McCrory City Secretary ACCESSIBILITY STATEMENT The facility is wheelchair accessible. Accessible parking spaces are also available in that area. Sign interpretative services for meetings must be made 48 hours in advance of the meeting. Call the A.D.A. Coordinator at , or TDD

2 Zoning Board of Adjustment 1. TO: FROM: Zoning Board of Adjustments Jesse Elizondo, Deputy City Secretary DATE: 08/10/2017 SUBJECT: Approve the minutes from the July 20, 2016 meeting. Board Action Requested: Approve the minutes from the July 20, 2016 meeting. Background Information: Board/Citizen Input: DraftMinutes Attachments Staff Contact: Jesse Elizondo Deputy City Secretary

3 Roll Call Members Present Tim Kirby Cathy Webb Bill Young Johnnie Abbot Kari Davis ZONING BOARD OF ADJUSTMENT July 20, 2016 DRAFT MINUTES Members Absent Tom Collett Robert Boot Mike Morogiello Toni Wanger Staff Justin Bond, Director of Development Services Shad Rhoten, Senior Planner Jesse Elizondo, Deputy City Secretary REGULAR SESSION Call to Order 6:08 PM 1. Administer oath of office to Alternate 3 Board Member Bill Young. Jesse Elizondo, Deputy City Secretary, administered oath of office to Alternate 3 Board Member Bill Young. 2. Nomination and election of Zoning Board of Adjustment vice chairman Agenda item moved to future meeting 3. Approve minutes from the March 10, 2016 meeting Motion was made by Cathy Webb and seconded by Johnnie Abbot to approve. Motion passed 5-0. Robert Boot, Tom Collett, and Mike Morogiello absent. 4. Training on duties, responsibilities and legalities related to the Zoning Board of Adjustment by the City Attorney. Agenda item moved to future meeting

4 5. Public hearing and consideration of an appeal to the Zoning Board of Adjustment, regarding a violation of Old Town Design Standards and at property directly south of 120 S. Main, City of Burleson, Johnson County, Texas. (Case ) Allen Taylor, City Attorney, introduced case to the board. Justin Bond, Director of Development Services, presented the zoning administrator case to the board. Richard Nash, appeal applicant, presented his case and rebuttal to the board. Tim Kirby opened the public hearing. Time: 7:53pm Neil Abrahamson, 204 S Main St Burleson, TX, spoke in favor of the appeal. David Barber, 702 Chambers Creek Ct Arlington, TX, spoke in favor of the appeal. James Bailey, 344 S Warren St Burleson, TX, spoke in favor of the appeal. Ron Hazlewood, 1029 NW Renfro Burleson, TX, spoke in favor of the appeal. Cory McCurtain, 300 Bowden Circle Burleson, TX, spoke in favor of the appeal. Richard Livingston, 300 South Wilson St Burleson, TX, spoke in favor of the appeal. Dorothy Nash, 216 Lucas Burleson, TX, spoke in favor of the appeal. Tim Kirby closed the public hearing. Time: 8:09pm Vice Chair Tim Kirby convened the Board into Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec (2). Refer to posted list attached hereto and incorporated here in. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the Zoning Board of Adjustment to seek advice from the City Attorney as to the posted subject matter of this meeting. Time: 8:10pm Vice Chair Tim Kirby reconvened the Board into open session. Time: 8:42pm Justin Bond, Director of Development Services, entered additional documents into the record. Richard Nash, appeal applicant, asked additional questions regarding the documents.

5 Allen Taylor, City Attorney, summarized the city s position. Richard Nash, appeal applicant, summarized his appeal position. Motion was made by Johnnie Abbot and seconded by Cathy Webb to affirm the decision of the zoning administrator as to the fencing requirement. Motion passed 5-0. Robert Boot, Tom Collett, and Mike Morogiello absent. Motion was made by Johnnie Abbot and seconded by Bill Young to affirm the decision of the zoning administrator that the current use is not in compliance with the zoning ordinance and is an illegal non-confirming use. Motion passed 5-0. Robert Boot, Tom Collett, and Mike Morogiello absent. Adjourn. There being no further business Vice Chair Tim Kirby adjourned the meeting. 9:13pm Jesse Elizondo Deputy City Secretary

6 Zoning Board of Adjustment 2. TO: FROM: Zoning Board of Adjustments Joni Van Noy, Planner DATE: 08/10/2017 SUBJECT: Public hearing and consideration of a request for a variance from Section of the Burleson Zoning Ordinance to allow for an encroachment of a building addition on the side yard of property located at 1239 Spanish Moss Dr. (Case ) Board Action Requested: 1. Conduct a Public Hearing; and 2. Approve or deny a request for a variance from Section of the Burleson Zoning Ordinance to allow for an encroachment of a building addition on the side yard of property located at 1239 Spanish Moss Dr. (Case ) Background Information: On June 30, 2017, an application was submitted by the property owner for a variance request to setback requirements for an accessory structure recently constructed on the subject property. The subject property is located at 1239 Spanish Moss Dr., and is located within West Bend South Addition, Phase II. The property is zoned Single-Family Dwelling District-7 (SF7) and consists of approximately.182 acres. A single family residence is currently situated on the property. An accessory structure, consisting of a pergola and cement slab, was constructed in mid March of The property owner was notified of permitting requirements and made an attempt to obtain necessary permitting in June of A building permit for the accessory structure was denied by the City's Building Permits and Inspections department because the structure does not meet the minimum setback requirements per Section of the City of Burleson's Zoning Ordinance Accessory building and structure yard regulations. (b) Side yard. A side yard of three feet shall be maintained for any accessory building or structure located in a residential district as measured from the side lot line; except that adjacent to a side street the accessory building side yard shall be not less than ten feet and a garage or carport entered from and opening onto the side shall provide a side yard of not less than 20 feet. Per City ordinance, an accessory structure requires a minimum three (3) ft. setback from the side property line. The property owner advised Staff that the cement slab was poured approximately four (4) inches from the property owners side fence. Poles for the pergola base were mounted into the slab approximately one (1) ft. from the property owners side fence. A site exhibit and site photos provided by the property owner are included as attachments 2-6. In accordance with Article I, Section 11, Board of Adjustment, pursuant to the powers conferred upon by State law, the Code of Ordinances of the City of Burleson Section "Powers of the Board" of Appendix B Zoning Ordinance may grant variances and exceptions to the provisions of the zoning ordinance upon finding that: The board may permit such variance or modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be

7 appropriately developed without such modification. In exercising its power to grant a variance in accordance with this ordinance, the board of adjustment shall make findings and show in its minutes that: (1) There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and the same zoning district. (2) That a variance is necessary to permit the applicant the same rights in the use of his property that are presently enjoyed, under the ordinance, by other properties in the vicinity and zone, but which rights are denied to the property on which the application is made. (3) That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the comprehensive plan of the city. (4) That the variance, if granted, will not be materially detrimental to the public welfare or the use, enjoyment, or value of property in the vicinity. Board/Citizen Input: On July 26, 2017, Staff mailed twenty-one (21) notices to all adjacent property owners within 200 ft. of the zoning variance request. Notice was also published in the newspaper on July 27, 2017 as required by state law and the City's zoning ordinance. As of the date of writing this, staff has received two phone calls from neighboring property owners with general questions regarding this request. No opposition to the request has been received. 1. Location Map 2. Site Plan 3. Site Photos 4. Site Photos Attachments Staff Contact: Joni Van Noy Planner Development Services jvannoy@burlesontx.com

8 SS DR MHP - MANUFACTURED HOUSING PARK MH - MANUFACTURED HOUSING DWELLING 2F - TWO-FAMILY DWELLING MF1 - MULTIPLE FAMILY, DUA < 12 MF2 - MULTIPLE FAMILY, DUA < 20 SF7 - SINGLE FAMILY, LOTS > 7,000 SQ FT, DUA < 4.25 SF7D - SINGLE FAMILY, LOTS > 6,000 SQ FT, DUA <4.25 SF10 - SINGLE FAMILY, LOTS > 10,000 SQ FT, DUA < 2.8 SF16 - SINGLE FAMILY, LOTS > 16,000 SQ FT, DUA < 2.3 SFA - SINGLE FAMILY ATTACHED SFE - SINGLE FAMILY ESTATE SFR - SINGLE FAMILY RURAL SP - SITE PLAN SPANISH M O A - AGRICULTURAL GR - GENERAL RETAIL C - COMMERCIAL CC - CENTRAL COMMERCIAL I - INDUSTRIAL PD - PLANNED DEVELOPMENT NS - NEIGHBORHOOD SERVICE GR SF7 Subject Property SF7 ISH M OS SD R GL EN H SPA N SF7 Location Map Vicinity Map 1239 Spanish Moss Dr. 75 Feet Zoning Variance Case AV EN CT

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10 SITE PHOTOS

11 SITE PHOTOS