CITY OF DEL RIO, TEXAS ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY MONDAY, FEBRUARY 26, :30 P.M.

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1 CITY OF DEL RIO, TEXAS ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY MONDAY, FEBRUARY 26, :30 P.M. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. Approval of Meeting Minutes 5. OPEN PUBLIC HEARING a. Conduct a Public Hearing and Consider a Request for Appeal # by Daniel Diaz, Jr. & Janine Mejia-Diaz are requesting a variance in relation to side yard requirements in a C-1 Zoning District. Property Description: Lot 2, Block 4, S-3-P N/2 (305 West Chapoy). Purpose: Living Area Addition b. Conduct a public hearing and consider a request for Appeal #18-01 by Commercial Light & Signs, Representing Burger King requesting a variance in relation to sign area requirements in a C-2-A Zoning District. Property Description: Railroad 5th, Block 32, Lots 1-3 (1302 East Gibbs). c. Conduct a Public Hearing and Consider a Request for Appeal # by Lucas Gilliam, Representing Bart Cordell who is requesting a Special Permit place a singlewide mobile home to be used as a residence in an R-S-O Zoning District. Property Description: Lot 11, Block 75, Blum Addition (400 East Bowie). d. Conduct a Public Hearing and Consider for Appeal # by Lucas Gilliam, Representing Bart Cordell is requesting a Special Permit place a singlewide mobile home to be used as a residence in an R-S-O Zoning District. Property Description: Lot 11, Block 75, Blum Addition (402 East Bowie). e. Conduct a public hearing and consider a request for Appeal # by Alejandra Navarro, Representing Amistad Builders, Inc, who is requesting a variance in relation to sign requirements in a C-2-A Zoning District. Property Description: Abstract 1045, Survey 7, Block 4, I&GNRR CO. (2413 Veterans Blvd.).

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3 Board of Adjustment Meeting Date: 02/26/2018 Submitted By: Janice Pokrant, Engineering Department 4.a. SUBJECT: Approval of Meeting Minutes Information BACKGROUND: NA DISCUSSION: NA PROS: NA CONS: NA RECOMMENDATION: NA August 2017 Minutes September 2017 Minutes October 2017 Minutes Attachments

4 CITY OF DEL RIO, TEXAS ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY MONDAY, AUGUST 21, :30 P.M. Minutes 1. CALL TO ORDER The meeting was called to order at 5:38 p.m. 2. ROLL CALL Present: Absent: Staff Present: Board Member Raul Alatorre Board Member Michael Coplan Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith Alternate Member Tony Sotelo Maria Perez, Zoning Coordinator Janice Pokrant, City Planner 3. APPROVAL OF MINUTES a. Approval of Meeting Minutes Motioned by Alternate Member Dennis Smith, seconded by Board Member Bryan Weston to approve the meeting minutes. AYE: Board Member Raul Alatorre Board Member Michael Coplan Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith MOTION PASSED 4. OPEN PUBLIC HEARING a. Conduct a public hearing and consider a request for Appeal by Rosalinda Reynosa requesting to place a single wide mobile home to be used as a residence in an R-S Zoning District. Property Description: Lot 4, Block 1, Villas Del Rio Addition (507 Virginia St.) Ms. Reynosa's daughter, Gabriella Chavez was present to speak in favor of the request. Board member Alatorre asked if there was any letters submitted. Mrs. Perez replied that there was one letter returned for the request. Mrs. Pokrant presented the staff report and recommendation.

5 Board member Smith asked if there was other mobile homes on the same block. Mrs. Pokrant stated that there was other mobile homes in the immediate area. Motioned by Board Member Michael Coplan, seconded by Board Member Belinda Horton motioned to approve the request. AYE: Board Member Raul Alatorre Board Member Michael Coplan Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith MOTION PASSED b. Conduct a public hearing and consider a request for Appeal by Ignacio & Francisca Castillo requesting a special permit for a duplex in an R-S Zoning District. Property Description: Lot 7, Block D, Ricks Addition (109 Beard Drive). Ms. Sandra Barlett, representing her mother Francisca Castillo was present to speak in favor of the request. Board member Coplan asked if there was other duplexes in the area. Ms. Barlett stated that there was some in the area within 2 blocks. Board member Smith asked if she was talking about the duplexes on 7th street. Ms. Barlett stated that she was and that the addresses did represent the actual units. She stated that she has spoken with the designer to make sure the buildings could comply with the regulations. She said that he would design them and they would come back to the city for approval. Jerry Cargal spoke in opposition to the request. She stated that she was concerned about the parking. Ms. Barlett addressed the concern about parking. She said when she spoke to the designer that she made sure he knew that they would want to make sure the development had enough parking off of the street. Mrs. Pokrant presented the staff report and recommendation. It was discussed that there were 6 notices returned in opposition, 4 returned in favor and 2 returned to sender. Motioned by Alternate Member Dennis Smith, seconded by Board Member Bryan Weston to deny the request. AYE: Board Member Raul Alatorre Board Member Michael Coplan Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith MOTION PASSED c. Conduct a public hearing and consider a request for Appeal by Frontera Construction, LLC., representing Mehboob Ali Sutaria is requesting a variance in relation to sign front yard setback requirements in a C-2-A Zoning District. Property Description: Railroad 5th, Block 32, Lots 1-3 (1302 East Gibbs). The applicant requested this item be moved to the next meeting.

6 d. Conduct a public hearing and consider a request for Appeal by Mario Perez, Representing Janice Castillas requesting a variance in relation to side yard requirements in an R-S Zoning District. Property Description: Franki Estates, Block C, Lot SW 37.5' of 6 and NW 70' of 7 (215 Santa Maria Drive). Purpose: Garage Addition Mrs. Castillas spoke in favor of the request. She stated that after some hail damage to her vehicle she is wanting to build a garage. She said that the driveway has been in the location for over 40 years but it encroaches into the side yard setback. She went on to say that the road is very dark with only one street light and she would like the garage so she can drive in and shut the garage for safety purposes. Michael Coplan asked if the garage is going to match house and Mrs. Castillas said it was. Mrs. Castillas asked if the contractor submitted the picture of the structure to the city and he has not. She went on to say that when the contractor was constructing the roof he framed the garage. He did so without a permit and stopped work on the project until the board makes a decision. There was more discussion from the board members to clarify where the structure was going to be placed in relation to the property line. There was a discussion on the letters sent in from the adjoining property owners. Janice Porant presented the staff report and recommendation. Bryan Weston asked if we have seen a plan for the addition. Mrs. Pokrant stated that if approved city staff would make sure the plans for the structure didn't adversely affect the adjacent properties. Motioned by Board Member Michael Coplan, seconded by Board Member Bryan Weston to approve the request. AYE: Board Member Raul Alatorre Board Member Michael Coplan Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith MOTION PASSED 5. ADJOURNMENT The meeting was adjourned at 6:04 p.m.

7 CITY OF DEL RIO, TEXAS ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY MONDAY, SEPTEMBER 18, :30 P.M. MINUTES 1. CALL TO ORDER The meeting was called to order at 5:41 p.m. 2. ROLL CALL 3. APPROVAL OF MINUTES Meeting minutes were not available at this meeting. 4. OPEN PUBLIC HEARING a. Conduct a public hearing and consider a request for Appeal by Frontera Construction, LLC., representing Mehboob Ali Sutaria is requesting a variance in relation to sign front yard setback requirements in a C-2-A Zoning District. Property Description: Railroad 5th, Block 32, Lots 1-3 (1302 East Gibbs). This item was tabled to the next meeting as recommended by the staff. b. Conduct a public hearing and consider a request for Appeal by Ramon Nunez who is requesting a Special Permit place a doublewide mobile home to be used as a residence in an R-S Zoning District. Property Description: Lot 9, Block 2, Virginia Park II Addition (203 Virginia St.). Mr. Nunez was present to speak in favor of the request and to answer any questions. Board member Horton asked if it was a brand new trailer and the applicant stated that it was. Board member Smith asked if there was ever a trailer placed on this lot before. The applicant mentioned that years back there was a trailer on this lot but it has been vacant for many years. Board member Weston confirmed that the board approved a mobile home on 208 Virginia within the past year and there are a few other mobile homes within the area. He also confirmed that this area is being looked at to be rezoned to allow for mobile homes. Janice Pokrant presented the staff report and recommendation. Board member Weston confirmed that the flood plain permit and development requirements would be part of the building requirements and would not need to be reviewed by the Board of Adjustment. Motioned by Board Member Bryan Weston, seconded by Board Member Belinda Horton motion to approve the request. AYE: Board Member Raul Alatorre Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith

8 c. Conduct a public hearing and consider a request for Appeal by Reynaldo Venegas, Representing Patricia Heath who is requesting a variance in relation to side yard requirements in an R-S Zoning District. Property Description: Lot 11, Block 1, Buena Vista Hills (106 Warbonnet Trail). Purpose: Carport Addition Mr. Venegas was present to speak in favor of his request and answer any questions. Mrs. Pokrant clarified that he was requesting a 4' setback or a 7' setback. Mrs. Pokrant presented the staff report and recommendation. She also clarified that due to the height of the structure the setback would be 8.4'. Board member Weston asked what the construction of the carport. The applicant stated that it would match the house. Board member Weston and Board member Alatorre asked if the temporary carport that is currently encroaching in the setback would be removed. The applicant stated that it would be removed. It was also asked if there was a variance for the existing carport. Mrs. Pokrant stated that we couldn't find any record of the variance but many of these structures in the area were very old. Motioned by Alternate Member Dennis Smith, seconded by Board Member Belinda Horton to approve the request. Motion failed as it needs a vote of four members to approve a request. AYE: Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith NAY: Board Member Raul Alatorre d. Conduct a public hearing and consider a request for Appeal by Leonel Cardenas who is requesting a variance in relation to side yard requirements in an R-M Zoning District. Property Description: Lots 5-6, Block 17, San Felipe Heights (409 San Felipe St.). Purpose: Living Area and Carport Addition Mr. Cardenas was present to speak in favor of the request and answer any questions. He stated he would like to have 4' from the side of the property line rather than the 7'. Board member Weston asked if Mr. Cardenas owns the property next door and he stated that he does own it. There was more discussion on the proposed addition and the property owned by the applicant in this area. Mrs. Pokrant presented the staff report and recommendation. Board member Weston asked if there is encroachments on the other properties within the area. Mrs. Pokrant stated that there was a good mix of properties within the area that had encroachments. She also mentioned that there is other options for the property owner to build while still complying with the ordinance. Motioned by Alternate Member Dennis Smith, seconded by Board Member Belinda Horton to approve the request. AYE: Board Member Raul Alatorre Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith e. Conduct a public hearing and consider a request for Appeal Ludivina Gomez and Saul Arevlo De Los Reyes is requesting a Special Permit place a doublewide mobile home to be used as a residence in an R-S Zoning District. Property Description: Lots 5 & 6, Block 1, Calaveras Addition (1009 & 1011 Virginia St.). Mrs. Gomez was present to speak in favor of the request and to answer any questions. Mrs. Pokrant presented the staff report and recommendation. Board member asked if it was okay if she used the two lots with the mobile home over the middle of the

9 properties. Mrs. Pokrant stated that we would consider this one lot if this was done and Motioned by Board Member Bryan Weston, seconded by Board Member Belinda Horton to approve the request. AYE: Board Member Raul Alatorre Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith f. Conduct a public hearing and consider a request for Appeal by Albert Aguillon Representing Mary B. Leach who is requesting a variance in relation to front yard and parking requirements in an R-S Zoning District. Property Description: Lot 9, Block 6, Amistad Park (114 Danielle Drive). Purpose: Carport Addition Mr. Aguillon was present to speak in favor of the request and to answer any questions. Mrs. Pokrant presented the staff report and recommendation. The board members asked if the existing carport on the side of the property would be removed. The applicant stated that it would not be removed. There was further discussion on the request and the required setback. Motioned by Alternate Member Dennis Smith, there was no second on the motion so the motion died and the request was denied. g. Conduct a public hearing and consider a request for Appeal by Hector Canales, Representing Miguel Garcia is requesting a variance in relation to front yard setback and parking requirements in a C-2-A Zoning District. Property Description: Lot 4A, Block A, Val Verde Park Estates (3808 East Hwy 90). Mr. Canales was present to speak in favor of the request and answer any questions. Board member Weston asked if the variance was just for the parking lot or if the building was also encroaching in the setback. Mrs. Pokrant presented the staff report and recommendation. Board member Smith asked if the applicant needed a variance in both the number of parking spaces and the set back. Mrs. Pokrant stated that staff was unsure if the applicant was requesting the variance for both the number of spaces and the setback. She went on to say that staff was currently reviewing the site plan and if the applicant lacked any parking spaces they would be permitted to share with the adjoining property as long as it was within 300 ft. She did mention that they could consider a request for the number of parking spaces at this time as well if they applicant is requesting it. Motioned by Board Member Bryan Weston, seconded by Board Member Belinda Horton to approve the request. AYE: Board Member Raul Alatorre Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith

10 h. Conduct a public hearing and consider a request for Appeal by Ernest Benson Jr., Representing Douglas A. Newton Jr. is requesting a Special Permit place a singlewide mobile home to be used as a residence in an R-S Zoning District. Property Description: Lot 3, Block 41, Blum Addition (705 East Adobe). Mr. Benson was present to speak in favor of his request and to answer any questions. Board member Smith asked if it was a new mobile home. Mr. Benson said that it was a used mobile home. Mrs. Pokrant presented the staff report and recommendation. Motioned by Board Member Belinda Horton, seconded by Board Member Bryan Weston to approve the request. AYE: Board Member Raul Alatorre Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith 5. OTHER BUSINESS (ACTION MAY BE TAKEN ON THESE MATTERS) 6. ADJOURNMENT The meeting was adjourned at 6:17 p.m.

11 CITY OF DEL RIO, TEXAS ZONING BOARD OF ADJUSTMENT COUNCIL CHAMBERS - CITY HALL 109 WEST BROADWAY MONDAY, OCTOBER 16, :30 P.M. MINUTES 1. CALL TO ORDER The meeting was called to order at 5:30 p.m. 2. ROLL CALL Present: Absent: Staff Present: Board Member Raul Alatorre Board Member Michael Coplan Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith Alternate Member Tony Sotelo Maria Perez, Zoning Coordinator Janice Pokrant, City Planner 3. OPEN PUBLIC HEARING a. Conduct a public hearing and consider a request for Appeal by Frontera Construction, LLC., representing Mehboob Ali Sutaria is requesting a variance in relation to sign front yard setback requirements in a C-2-A Zoning District. Property Description: Railroad 5th, Block 32, Lots 1-3 (1302 East Gibbs). Ira West presented some information and spoke in favor of the request. Board member Alatorre asked if the entrance to the site is similar to the McDonalds site. Mr. West stated that it was similar to what Sonic was required to do when they closed one of their exits. Mrs. Pokrant presented the staff report and recommendation. Motioned by Board Member Michael Coplan, seconded by Board Member Belinda Horton to approve the request. AYE: Board Member Raul Alatorre Board Member Michael Coplan Board Member Belinda Horton Alternate Member Dennis Smith Other: Board Member Bryan Weston (RECUSE)

12 b. Conduct a public hearing and consider a request for Appeal by Reynaldo Venegas, Representing Patricia Heath who is requesting a variance in relation to side yard requirements in an R-S Zoning District. Property Description: Lot 11, Block 1, Buena Vista Hills (106 Warbonnet Trail). Purpose: Carport Addition. Mr. Venegas and Mrs. Heath were both present to speak in favor of the request. Board member Coplan asked what the deed restrictions were for this neighborhood pertaining to carports. Mrs. Pokrant stated that the metal carports are against the deed restrictions but wasn't sure about the other carports. She also said that the city can't enforce the deed restrictions but staff does let the home owner know that they should check the restrictions. Board member Coplan stated that he did go by the site and saw that there was another carport next door but they probably didn't get a permit. He asked if the car port was going to be placed behind the fence. Mrs. Heath stated that it would be in line with the front of the building. There was further discussion on the construction of the car port. Mrs. Pokrant presenting the staff report and recommendation. Board member Weston asked if this item was on the last meeting's agenda and also asked if they had a drawing showing the structure with the setbacks. Mrs. Pokrant stated that staff did not have a drawing showing this information but explained the required setbacks and what the applicant is requesting. Motioned by Alternate Member Dennis Smith, seconded by Board Member Belinda Horton to approve the request. AYE: Board Member Raul Alatorre Board Member Michael Coplan Board Member Bryan Weston Board Member Belinda Horton Alternate Member Dennis Smith c. Conduct a public hearing and consider a request for Appeal by Albert Aguillon Representing Mary B. Leach who is requesting a variance in relation to front yard and parking requirements in an R-S Zoning District. Property Description: Lot 9, Block 6, Amistad Park (114 Danielle Drive). Purpose: Carport Addition - The owner has requested with the attached letter that this item no longer be heard before the board. d. Conduct a public hearing and consider a request for Appeal #17-15 by Stat Real Estate II, LLC. is requesting a variance in relation to parking requirements in a C-2-A zoning district,, Property Description: Lot 8, Frank Newton (2600 Veterans Blvd.). Mr. Davis Powell was present to information and speak in favor of the request for a variance in the parking space count and the parking space size. Board member Alatorre asked about the number of spaces and the number of employees. Mr. Powell stated they are requesting to have 33 spaces and will be 7 employees. Mrs. Pokrant asked what the occupancy of the building would be. Mr. Powell answered 96 is the occupancy. Mrs. Pokrant presented the staff report and recommendation. Board member Coplan stated that he went by the same facility that is located in Eagle Pass and there was only 10 cars in the parking lot. Board member Smith asked if there was going to be parking stops for the spaces near the building. Mr. Powell answered that there was going to be parking stops on the spaces. Motioned by Board Member Michael Coplan, seconded by Board Member Belinda Horton to approve the request. AYE: Board Member Raul Alatorre

13 Board Member Michael Coplan Board Member Belinda Horton Alternate Member Dennis Smith 4. ADJOURNMENT The meeting was adjourned at 6:00 p.m.

14 Board of Adjustment Meeting Date: 02/26/2018 Submitted By: Janice Pokrant, Engineering Department 5.a. SUBJECT: Information Conduct a Public Hearing and Consider a Request for Appeal # by Daniel Diaz, Jr. & Janine Mejia-Diaz are requesting a variance in relation to side yard requirements in a C-1 Zoning District. Property Description: Lot 2, Block 4, S-3-P N/2 (305 West Chapoy). Purpose: Living Area Addition BACKGROUND: Applicant: Daniel Diaz, Jr & Janine Mejia-Diaz Address: 305 W Chapoy Requested Action: A variance in relation to side yard requirements in an C-1 Zoning District Lot Size:.128 acres Zoning History: No appeals have been received on this property within the last 6 months Application/Regulations: Sec Area regulations Side and rear yard. No structure shall be closer to a side or rear lot line than seven (7) feet or a distance equal to thirty (30) per cent of the height of the structure, whichever distance shall be the greater. A detached accessory building may be located within three (3) feet of the rear lot line provided that the rear lot line is also a right-of-way line for a public alley or a public utility easement which easement shall have a width of not less than ten (10) feet. ADJACENT LAND USES Direction Zoning North South R-S-O & C-1 R-S-O & C-1 Land Use School District Property - old elm school Commercial and Residential East R-S-O Residential Single Family & an Appliance Repair Store West R-S-O & C-1 Residential Single Family District Flood Plain Clearance: This property lies outside of the 100 year flood prone area Traffic Impact: Significant traffic is not anticipated with this request Notification: Property Owners Notices Mailed: 56 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date DISCUSSION:

15 This neighborhood has a mixture of commercial and residential uses in it. Many of the dwellings in the area do not meet the required setback requirements as most of the dwellings were constructed prior to the adoption of the zoning ordinance. This house was constructed in 1942 which is prior to the adoption of the setback requirements within the zoning ordinance. This request meets all of the standards for the granting of an approval of a variance as listed below from the City of Del Rio Code of Ordinances. Sec Same Standards No application for a variance shall be granted unless the board of adjustment finds the existence of each of the following: (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; (2) That a literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of said zoning regulations; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other lands, structures, or buildings in the same district; (5) That the reasons set forth in the application justify the granting of the variance; (6) That the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) That the granting of the variance will be in harmony with the general purpose and intent of the zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (Ord. No , 3, ) PROS: Approving this request will be in compliance with the requirements listed within the Local Government Code and the Del Rio Municipal Code. It will allow for the property owner to construct an addition to their property. CONS: There is not a con associated with this agenda item. RECOMMENDATION: Staff recommends approval of the request. App Packet Attachments

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32 Board of Adjustment Meeting Date: 02/26/2018 Submitted By: Janice Pokrant, Engineering Department 5.b. SUBJECT: Information Conduct a public hearing and consider a request for Appeal #18-01 by Commercial Light & Signs, Representing Burger King requesting a variance in relation to sign area requirements in a C-2-A Zoning District. Property Description: Railroad 5th, Block 32, Lots 1-3 (1302 East Gibbs). BACKGROUND: Applicant: Commercial Light & Signs, Representing Burger King Address: 1302 E Gibbs Requested Action: A variance relation to sign area requirements in a C-2-A Zoning District Lot Size:.67 acres Zoning History: An appeal was granted by the BOA for a variance from the front yard setback on October 16, 2017, although the property owner did not end up constructing the sign within the front yard setback. Flood Plain Clearance: This property lies outside of the 100 year flood prone area ADJACENT LAND USES Direction Zone Land Use North C-2-A Commercial & Residential Dwellings South I Commercial Buildings & Railroad East C-2-A Commercial Buildings & Residential Dwellings West C-2-A Commercial Buildings Application/Regulations Chapter 32 Signs. Table B Sign Use Bus Outdoor Adv Zoning District High Density MF, C-2, I Districts Type Allowed Max Area FS/P/MA/MO 72 sq. ft. Max Height 25 ln. ft. Min Spacing # Special Conditions Allowed NA 2 40% marquee advertising allowed 1 per street serving the facility Traffic Impact: Significant traffic is not anticipated with this request Notification: Property Owners Notices Mailed: 36 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date DISCUSSION: The property owner demolished an old motel on this site in order to build a new Burger King on the property. The typical sign for Burger King for the business is sq. ft. which exceeds the standards by 6.54 ft. There is a provision in the ordinance that allows for an additional 40% marquee advertising space on the C-2 zoned properties. With this provision in mind, the owner would be able to have an additional 28.8 sq. ft. of advertising space should they have a marquee - allowing for a total advertising space of sq. ft. for the C-2 A property. The sign contractor was able to receive a sign permit for the signs for Burger King as he decrease the marquee advertising space and to sq. ft. which equaled to sq. ft. of total advertising space. The request does not meet any of the standards listed below as required by the State Law and the Del Rio Municipal Code as the contractor has demonstrated that they can comply with the ordinance. Sec Same Standards

33 No application for a variance shall be granted unless the board of adjustment finds the existence of each of the following: (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; (2) That a literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of said zoning regulations; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other lands, structures, or buildings in the same district; (5) That the reasons set forth in the application justify the granting of the variance; (6) That the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) That the granting of the variance will be in harmony with the general purpose and intent of the zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (Ord. No , 3, ) PROS: Approving this request will allow the property owner to construct a larger sign that required by the ordinance. CONS: Approving this request would be out of compliance with the standards set forward in the Municipal Code and the Local Government Code for variance approval. RECOMMENDATION: Staff recommends denial of the permit as the request doesn't meet any of the standards listed for the approval of a variance and the applicant has proven they can meet the requirements set forth in the sign ordinance App Packet Attachments

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45 Board of Adjustment Meeting Date: 02/26/2018 Submitted By: Janice Pokrant, Engineering Department 5.c. SUBJECT: Information Conduct a Public Hearing and Consider a Request for Appeal # by Lucas Gilliam, Representing Bart Cordell who is requesting a Special Permit place a singlewide mobile home to be used as a residence in an R-S-O Zoning District. Property Description: Lot 11, Block 75, Blum Addition (400 East Bowie). BACKGROUND: Applicant: Lucas Gilliam, Representing Bart Cordell Address: 400 E Bowie Requested Action: A special permit to place a single wide mobile home on the property Lot Size: 50' x 137' Zoning History: No appeals have been received on this property within the last 6 months Flood Plain Clearance: This property lies outside of the FEMA 100 Year Flood Plain Traffic Impact: Significant traffic is not anticipated with this request Notification: Property Owners Notices Mailed:52 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date ADJACENT LAND USES Direction Zoning Land Use North R-S-O Single family dwellings & mobile homes South R-S-O Single family dwellings & mobile homes East R-S-O Single family dwellings & mobile homes West R-S-O American Legion Building, Single family dwellings & mobile homes DISCUSSION: The property is located off of East Bowie and Contreras. There are a few mobile homes located on this street and within the same block. PROS: Approving this request will allow for the vacant lot to be utilized for a residential structure. CONS: Approving this request will allow for an additional temporary residential structure to be placed in this area. RECOMMENDATION: Staff recommends approval of the special request to place a mobile on the lot. This request will not change the character of the neighborhood.

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54 Board of Adjustment Meeting Date: 02/26/2018 Submitted By: Janice Pokrant, Engineering Department 5.d. SUBJECT: Information Conduct a Public Hearing and Consider for Appeal # by Lucas Gilliam, Representing Bart Cordell is requesting a Special Permit place a singlewide mobile home to be used as a residence in an R-S-O Zoning District. Property Description: Lot 11, Block 75, Blum Addition (402 East Bowie). BACKGROUND: Applicant: Lucas Gilliam, Representing Bart Cordell Address: 402 E Bowie Requested Action: A special permit to place a single wide mobile home on the property Lot Size: 50' x 137' Zoning History: No appeals have been received on this property within the last 6 months Flood Plain Clearance: This property lies outside of the FEMA 100 Year Flood Plain Traffic Impact: Significant traffic is not anticipated with this request Notification: Property Owners Notices Mailed: 52 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date ADJACENT LAND USES Direction Zoning Land Use North R-S-O Single family dwellings & mobile homes South R-S-O Single family dwellings & mobile homes East R-S-O Single family dwellings & mobile homes West R-S-O American Legion Building, Single family dwellings & mobile homes DISCUSSION: The property is located off of East Bowie and Contreras. There as a few mobile homes located on this street and within the same block. PROS: Approving this request will allow for the vacant lot to be utilized for a residential structure. CONS: Approving this request will allow for an additional temporary residential structure to be placed in this area. RECOMMENDATION: Staff recommends approval of the special request to place a mobile on the lot. This request will not change the character of the neighborhood.

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63 Board of Adjustment Meeting Date: 02/26/2018 Submitted By: Janice Pokrant, Engineering Department 5.e. SUBJECT: Information Conduct a public hearing and consider a request for Appeal # by Alejandra Navarro, Representing Amistad Builders, Inc, who is requesting a variance in relation to sign requirements in a C-2-A Zoning District. Property Description: Abstract 1045, Survey 7, Block 4, I&GNRR CO. (2413 Veterans Blvd.). BACKGROUND: Applicant: Alejandra Navarro, representing Amistad Builders, Inc. Address: 2413 Veterans Blvd Requested Action: To add an additional free standing monument sign and to obtain a variance from the front yard setbacks. Lot Size: acres Zoning History: The Board of Adjustment granted a variance for the number of parking spaces for the use of the property being mercantile and storage use. Application/Regulations: Section 32-3 General Provisions (h) Setbacks for signs will conform within the zoning district which the sign is located. Section 32-5 (a) The maximum number of detached on-site signs allowed shall be determined by the linear feet of land on the lots frontage abutting the primary street. Lot Frontage O No. of Signs Permitted Traffic Impact: Significant traffic is not anticipated with this request Notification: Property Owners Notices Mailed: 13 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date DISCUSSION: The property owner would like to place a free standing monument sign on the property they recently built on this lot. There was an multi-tenant sign located on this property that they are already using to advertise the businesses that are leasing spaces within the development. The request meets numbers 5 & 7 of the standards. Sec Same Standards No application for a variance shall be granted unless the board of adjustment finds the existence of each of the following: (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; (2) That a literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights

64 commonly enjoyed by other properties in the same district under the terms of said zoning regulations; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other lands, structures, or buildings in the same district; (5) That the reasons set forth in the application justify the granting of the variance; (6) That the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) That the granting of the variance will be in harmony with the general purpose and intent of the zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (Ord. No , 3, ) PROS: Approving the request will allow the property owner to complete the construct the sign where they have started to construct it. CONS: Approving this request would be out of compliance with the standards set forward in the Municipal Code for variance approval. RECOMMENDATION: Staff recommends denial of the permit as the request doesn't meet all of the standards listed for the approval of a variance. App Packet Attachments

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71 Board of Adjustment Meeting Date: 02/26/2018 Submitted By: Janice Pokrant, Engineering Department 5.f. SUBJECT: Information Conduct a Public Hearing and Consider a Request for Appeal # by Jo Elda Morales is requesting a variance in relation to front and side yard requirements in an R-S Zoning District. Property Description: Lot 13, Block E, Ricks (115 Jodobo Drive). Purpose: Carport Addition BACKGROUND: Applicant: Jo Elda Morales Address: 115 Jodobo Dr Requested Action: A 25' front yard & 2' side yard requirements in an R-S Zoning District for a carport Lot Size: 65 x 115 Zoning History: No appeals have been received on this property within the last 6 months Application/Regulations: Sec Area regulations (1)Front yard. There shall be a front yard having a depth of not less than twenty-five (25) feet. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. No parking shall be allowed within the required front yard. (2) Side yard and rear yard. No structure shall be closer to a side or rear lot line than seven (7) feet or a distance equal to forty (40) per cent of the height of the structure, whichever distance shall be the greater. A detached accessory building may be located within three (3) feet of the rear lot line, provided that the rear lot line is also a right-of-way line for a public alley or a public or utility easement which easement shall have a width of not less than ten (10) feet. ADJACENT LAND USES Direction Zoning Land Use North R-S & C-1 Residential Single Family South R-S Residential Single Family East R-S Residential Single Family West R-S Residential Single Family Flood Plain Clearance: This property lies outside of the 100 year flood prone area Traffic Impact: Significant traffic is not anticipated with this request Notification: Property Owners Notices Mailed: 46 Opposition: None received to date Support: None received to date No Comment: None received to date Returned to Sender: None received to date DISCUSSION:

72 The property owner would like to place a carport on the front of the house as there is not a garage or carport on the property at this time. This house was built in 1964 right after our zoning ordinance was adopted in It looks like there use to be a garage or carport but it was enclosed by a previous owner and turned into living an area. Many of the houses along this street look to have enclosed a garage or carport as well. There are no other encroachments into the front yard setback on this street. There is a carport encroaching into the front yard setback on the second to last lot on Beard St. This request meets numbers 1, 3, 5 & 6 of the standards for the granting of an approval of a variance as listed below from the City of Del Rio Code of Ordinances. Sec Same Standards No application for a variance shall be granted unless the board of adjustment finds the existence of each of the following: (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; (2) That a literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of said zoning regulations; (3) That the special conditions and circumstances do not result from the actions of the applicant; (4) That granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other lands, structures, or buildings in the same district; (5) That the reasons set forth in the application justify the granting of the variance; (6) That the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) That the granting of the variance will be in harmony with the general purpose and intent of the zoning regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (Ord. No , 3, ) PROS: Approving the request will allow the applicant to place a carport in front of her house. CONS: Approving this request would not be in compliance with the standards listed in the Local Government Code and Municipal Code. RECOMMENDATION: Staff recommends denial of the request as it does not meet all of the standards listed in the Local Government Code and Del Rio Municipal Code. App Packet Attachments

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