BOARD OF ADJUSTMENT REGULAR MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue August 23, :30 P.M. AGENDA

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1 BOARD OF ADJUSTMENT PRE-MEETING CITY COUNCIL BRIEFING ROOM 757 North Galloway Avenue August 23, :00 P.M. Discussion of Items on the Regular Agenda BOARD OF ADJUSTMENT REGULAR MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue August 23, :30 P.M. AGENDA Pursuant to Section of the Texas Local Government Code, the Board of Adjustment may meet in a closed executive session to consult with the City Attorney regarding matters authorized by Section , including matters posted on this agenda. I. BOARD BUSINESS A. Approval of the minutes of the July 26, 2018 meeting. II. PUBLIC HEARINGS- UNCONTESTED CASES The Board may place cases which are recommended for approval without opposition on an uncontested docket. When the Board Chair calls the uncontested docket, he shall state the case number, the applicant, the location, the nature of the case and the staff recommendation, and shall ask if there is any opposition. A case on the uncontested docket must be considered individually as a regular docket item if there is any opposition or a Board member so requests. Any cases remaining on the uncontested docket shall be approved as a group without the need for testimony from the applicants. A. BOA SPECIAL EXCEPTIONS Conduct a public hearing to consider an application submitted by Aristides Velis for a Special Exception to allow a front carport with a flat roof and a metal exterior and a Special Exception to allow a front porch cover with a flat roof and a metal exterior, located at 1528 Melanie Lane. B. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Pamela Smith for a Special Exception to allow a front carport including approximately 400 square feet, located at 1910 Lucille Dr. Page 1 of 2 City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary s office at (972) or

2 III. PUBLIC HEARINGS- CONTESTED CASES A. BOA SPECIAL EXCEPTIONS Conduct a public hearing to consider an application submitted by Esteban Maldonado for Special Exceptions (1) to allow an accessory dwelling unit in the rear yard and (2) to allow the accessory dwelling unit to exceed the maximum size of 500 square feet by square feet, for a total of square feet; defined as an oversized accessory structure, located at 503 Willowbook Dr. This item was tabled at the June 28, 2018, and July 26, 2018, BOA meetings. B. BOA AMORTIZATION OF A NONCONFORMING USE Conduct a public hearing to consider a request submitted by the City of Mesquite City Council for amortization of a legal non-conforming use (motel / hotel) located at 3911 East U.S. Highway 80. Per Section C. of the Mesquite Zoning Ordinance, the Board of Adjustment will hold a public hearing to determine whether continued operation of the nonconforming use located at 3911 East U.S. Highway 80 will have an adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the Board determines that continued operation of the use will have an adverse effect on nearby properties, it shall proceed to establish a compliance date for the nonconforming use. At the conclusion of business, the Chairman shall adjourn the meeting. Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Conforme a la Sección del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Secció30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. Page 2 of 2 City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary s office at (972) or

3 MINUTES OF THE CITY OF MESQUITE BOARD OF ADJUSTMENT MEETING, HELD ON JULY 26, 2018 AT 6:30 P.M., AT CITY HALL, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Absent: Staff: Chairman Chris Jasper, Vice Chairman Michael Hooker, Fernando Rojas, Bryan Odom, George Rice, Alternate Shannon Tucker Alternate Thomas Palmer Director of Planning & Development Jeff Armstrong, Manager of Planning and Zoning Garrett Langford, Principal Planner Johnna Matthews, Planner Hannah Carrasco, Planner Ben Callahan, Assistant City Attorney Cynthia Steiner, Assistant Attorney Cody McCullar, Plans Examiner Kenneth O Quain, Plans Examiner Jenny Sue Gleaves, Building Official Travis Campbell, Field Supervisor Michael Cox, Building Inspector Glen Woodham, Fire Marshal Alfred Paster, Senior Administrative Secretary Devanee Winn Chairman Chris Jasper called the meeting to order and declared a quorum present. I. BOARD BUSINESS A. Approval of the minutes of the June 28, 2018 meeting. A motion was made by Mr. Rojas to approve the minutes. Mr. Odom seconded. Motion passed unanimously. B. Consider amendments to the Board of Adjustment s by-laws. A motion was made by Mr. Odom to approve the amendments. Mr. Hooker seconded. The motion passed unanimously. II. PUBLIC HEARINGS UNCONTESTED CASES The Board may place cases which are recommended for approval without opposition on an uncontested docket. When the Board Chair calls the uncontested docket, he shall state the case number, the applicant, the location, the nature of the case and the staff recommendation, and shall ask if there is any opposition. A case on the uncontested docket must be considered individually as a regular docket item if there is any opposition or a Board member so requests. Any cases remaining on the uncontested docket shall be approved as a group without the need for testimony from the applicants. A. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Hector Martinez for a Special Exception to allow a front carport including approximately 400 square feet, located at 2519 Emerald Dr. B. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Salvador Ruiz for a Special Exception to allow a front carport including approximately 330 square feet, located at 1705 Rose Ln. Principal Planner Johnna Matthews briefed the Board on both cases. Chairman Jasper opened the public hearing. No one came up to the podium to speak. Chairman Jasper closed the public hearing. A motion was made by Mr. Hooker to approve. Mr. Rojas seconded. The motion passed unanimously.

4 Board of Adjustment Minutes Page 2 of 3 III. PUBLIC HEARINGS- CONTESTED CASES A. BOA SPECIAL EXCEPTIONS Conduct a public hearing to consider an application submitted by Esteban Maldonado for Special Exceptions (1) to allow an accessory dwelling unit in the rear yard and (2) to allow the accessory dwelling unit to exceed the maximum size of 500 square feet by square feet, for a total of square feet; defined as an oversized accessory structure, located at 503 Willowbook Dr. This item was tabled at the June 28, 2018 BOA meeting. Ms. Matthews briefed the Board. Ms. Matthews stated that the applicant wants to table to the next meeting held on August 23, Chairman Jasper opened for staff questions. There were no questions for Staff. Chairman Jasper open for anyone to speak. Tina Bonia came up to speak. Ms. Bonia stated that the poison ivy has not been taken care of. Mr. Odom asked if Ms. Bonia if she will be able to come to the next meeting. Ms. Bonia said yes. There were no other speakers. A motion was made by Mr. Odom to table this case until August 23 rd meeting with the public hearing open. Mr. Rojas seconded. The motion passed unanimously. B. BOA AMORTIZATION OF A NONCONFORMING USE Conduct a public hearing to consider a request submitted by the City of Mesquite City Council for amortization of a legal non-conforming use (motel) located at 4405 East U.S. Highway 80. Per Section C. of the Mesquite Zoning Ordinance, the Board of Adjustment will hold a public hearing to determine whether continued operation of the nonconforming use located at 4405 East U.S. Highway 80 will have an adverse effect on nearby properties. If, based on the evidence presented at the public hearing, the Board determines that continued operation of the use will have an adverse effect on nearby properties, it shall proceed to establish a compliance date for the nonconforming use. Planning & Zoning Manager Garrett Langford read the Board Introductory Statement. Chairman Jasper swore in the witnesses. Chairman Jasper asked that the Owner s Attorney and the Attorney representing the City of Mesquite to stand and give their name and who they are representing for the record. Attorney Brandon Smith represents the Patel Group who own the property at 4405 East U.S. Highway 80. Assistant City Attorney Cody McCullar represents the City of Mesquite. Chairman Jasper started with the City s Attorney first. Mr. McCullar requested that the Owner s attorney Mr. Smith come to the podium with him. Mr. McCullar stated that they have come to an agreement between the property owner and the City and they would to present it to the Board together. Chairman Jasper asked that Mr. Smith approach the podium as well. Mr. McCullar stated that the agreement the Patel Group has agreed to the Amortization for the property located at 4405 East U.S. Highway 80 and will cease to operate by May 1 st, Mr. McCullar submitted exhibits A-K4 to Chairman Jasper as part of the record. Mr. Smith stated that they are in agreement with the May 1 st, 2019 Amotrization. Ms Steiner asked if the property owners are in agreement that the continued operation of use will have an adverse effect on nearby properties and in agreement of the date to stop nonconforming use. Mr. Smith answered yes and would not objected if the Board took up a motion to pass the amortization. Chairman Jasper opened the public hearing. No one came up to speak. Chairman Jasper closed the public hearing. A motion was made by Mr. Odom to grant the request to establish a compliance date. Mr. Rojas seconded. Motion passed unanimously. Before the

5 Board of Adjustment Minutes Page 3 of 3 second motion, Ms. Steiner read the City s zoning ordinance for establishing a compliance date. Mr. Smith stated the property owner, Patel Group, has agreed to the compliance date of May 1, Chairman Jasper opened the public hearing for the compliance date. No one came up to speak. Chairman Jasper closed the public hearing. A motion was made by Mr. Odom to set the compliance date for May 1, Mr. Hooker seconded. The motion passed unanimously. There being no further business for the Board, Chairman Jasper adjourned the meeting at 7:00 p.m. Chris Jasper, Chairman The Board considered all testimony including the Staff report, applicant s presentation, public hearing, and discussions in the decision for each case.

6 Case Number: BOA Applicant: Property Owner: Address: Request: Aristides Velis Aristides Velis 1528 Melanie Ln. Special Exceptions to allow (1) a front metal carport with a flat roof totaling approximately 400 sq. ft., and (2) a metal porch cover with a flat roof totaling approximately 24 sq. ft. Background: The applicant is requesting Special Exceptions to allow an approximately 400 (20 x 20 ) square foot front carport with metal exterior and a flat roof constructed over an existing driveway as well as an approximately 24 (6 x 4 ) square foot flat metal porch cover that extends from said carport to the front door. The applicant has an existing front carport (see attachment 3, Site Photos) that if approved, will be demolishing and replacing with the one requested in this application. Zoning: Lot Size: Surrounding Land Uses: R-3, Single Family Residential 7,484 square feet The subject property is surrounded on all sides by R-3 single family homes on lots of similar sizes. SPECIAL EXCEPTIONS- CRITERIA FOR REVIEW Applicable Ordinances: Mesquite Zoning Ordinance Section 5-203: Criteria for Review A. Criteria for Special Exceptions Special Exceptions may be granted as set out in this ordinance, when the Board determines that the exception will allow greater use and enjoyment of the property without creating adverse impacts on adjacent properties and that it will be compatible with the surrounding neighborhood. The Board shall also consider any criteria set out in this ordinance for a specific Special Exception. Mesquite Zoning Ordinance Section B.1 A front carport may be approved as a Special Exception on a lot zoned R-3 if the Board determines that the front carport would be compatible with the neighborhood. A front carport approved by Special Exception shall comply with the design standards of Section 2-603E. In determining whether the requested

7 front carport would be compatible with the neighborhood, the Board shall consider, among other things, the following characteristics: 1. Whether the front carport would afford the only opportunity to provide covered parking on the lot; 2. Whether the lot has paved alley access such that rear parking is available as an alternative to a front carport; 3. Whether parking behind the building line was not required at the time of construction; and 4. Whether the dwelling was originally built with either a one-car garage or no garage. Staff Comment: The front carport will provide for the only covered parking on the lot. An unpaved alley exists in the rear of the subject property, and rear driveway access is not available. The house was not originally built with nor currently has a garage. Mesquite Zoning Ordinance Section B.2 In approving a Special Exception, the Board is authorized, but not required, to approve an applicant s request for a carport with a flat roof and/or metal exterior if the Board determines that a flat roof and/or metal exterior would be compatible with the neighborhood. The Board shall consider, among other things, the following characteristics: a) The request is located on a platted lot before December 21, 1964, provided however, a metal carport shall not be approved on a lot platted after said date; and b) The existence, location and similar design of other carports in the immediate vicinity of the request. Staff Comment: The property was platted in 1956 and is therefore eligible for a metal carport with a flat metal roof and a metal front porch cover. Additionally, there are similar front, metal carports in the immediate vicinity of the subject property, including the following properties: 1525 Melanie 1529 Melanie 1508 Melanie 1501 Melanie 2417 Narobi Mesquite Zoning Ordinance Section C.2 The Board may approve a porch cover with a flat roof and a metal exterior if the

8 Board determines that a flat roof and a metal exterior would be compatible with the neighborhood. When making its determination, the Board shall consider, among other things, the same characteristics enumerated in subsection B.2 of this Section. Staff Comment: As in the aforementioned, the property was platted before the December 21, 1964 cutoff date described in the MZO for metal carports and flat front porch covers. The proposed flat, metal porch cover would match the proposed carport and be compatible with the other front porch cover in the neighborhood located at: 1405 Melanie Staff Recommendation: Permits: Public Notice: Attachments: Staff recommends approval of the Special Exception to allow the proposed front metal carport with a flat roof and front metal porch cover with a flat roof Masonry Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, no notices have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Photos 4 BOA Application Materials (application form and sketch)

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11 Street view of subject property from Melanie St.

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15 Case Number: BOA Applicant: Property Owner: Address: Request: Pamela Smith Alvin & Pamela Smith 1910 Lucille Drive Special Exception to allow an approximately 400 square foot front carport Background: Zoning: The applicant is requesting a Special Exception to allow an approximately 400 (20 x 20 ) square foot, 12 feet in height front carport with wood exterior and a pitched roof constructed over an existing driveway. Composite shingles that match the home will be used. R-3, Single Family Residential Lot Size: Surrounding Land Uses: 7,320 square feet The subject property is surrounded on all sides by R-3 single family homes on lots of similar sizes. SPECIAL EXCEPTION-CARPORT Applicable Ordinances: Mesquite Zoning Ordinance Section B.1 A front carport may be approved as a Special Exception on a lot zoned R-3 if the Board determines that the front carport would be compatible with the neighborhood. A front carport approved by Special Exception shall comply with the design standards of Section 2-603E. In determining whether the requested front carport would be compatible with the neighborhood, the Board shall consider, among other things, the following characteristics: 1. Whether the front carport would afford the only opportunity to provide covered parking on the lot; 2. Whether the lot has paved alley access such that rear parking is available as an alternative to a front carport; 3. Whether parking behind the building line was not required at the time of construction; and 4. Whether the dwelling was originally built with either a one-car garage or no garage.

16 Staff Comment: The front carport will provide the only opportunity for covered parking on the lot. The lot does have paved rear alley access available as an alternative location for a carport on the property. However, there is currently no driveway access. At the time of construction in 1961, parking behind the building line was not required. There was a single-car garage constructed with the home in 1961, but it was converted into a living space in Mesquite Zoning Ordinance Section 5-203: Criteria for Review A. Criteria for Special Exceptions Special Exceptions may be granted as set out in this ordinance, when the Board determines that the exception will allow greater use and enjoyment of the property without creating adverse impacts on adjacent properties and that it will be compatible with the surrounding neighborhood. The Board shall also consider any criteria set out in this ordinance for a specific Special Exception. Staff Comment: Staff does not anticipate that the proposed front carport will create adverse impacts on adjacent properties. The proposed carport will have a pitched roof and composite shingles to match the home and help minimize the visual impact in the neighborhood. Staff Recommendation: Permits: Public Notice: Attachments: Staff recommends approval of the Special Exception to allow the proposed front carport Plumbing 2005 Gas line repair Electrical 2011 Plumbing 2016 Foundation repair 2017 Garage conversion to living space and kitchen expansion 2017 Duct work Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, no notices have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Photos 4 BOA Application Materials (application form and sketch)

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19 Street view of subject property from Lucille Drive.

20 View of the alley behind the subject property. View of the backyard on subject property.

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24 City of Mesquite BOARD OF ADJUSTMENT August 23, 2018 Staff Report Case Number: BOA Applicant/ Property Owner: Address: Request: Background: Esteban Maldonado 503 Willowbrook Dr. Special Exceptions (1) to allow an accessory dwelling unit in the rear yard and (2) to allow the accessory dwelling unit to exceed the maximum size of 500 square feet by approximately square feet, for a total of square feet; defined as an oversized accessory structure. This item was tabled at the June 28, 2018, and July 26, 2018, Board of Adjustment (BOA) meetings, as the Board wanted to hear from the applicant (property owner) regarding concerns raised at the June BOA meeting from a nearby property owner. The applicant was not in attendance at the meetings. At the June meeting, a nearby property owner expressed opposition to the request. The nearby property owner indicated that the owner of the subject property uses the property as rental property and does not properly maintain the property. The applicant visited with Staff sometime after the June meeting and provided documents including a water utilities billing statement, a billing statement from the Texas Commission on Fire Protection regarding his fire certification and a copy of a Dallas Fire- Rescue document, which includes a photo of the applicant (See Attachment 6). The documents provided include the property owner s name and the address of the subject property. The applicant also indicated that he travels often due to his profession; a recruiter for fire protection services with the City of Dallas. He also indicated that other family members live at the residence. As of the date of this writing, the applicant is not sure if he will be in attendance at the July BOA meeting due to his job. June BOA Staff Report: The applicant proposes to convert an existing square foot detached garage/storage building into a dwelling unit for his daughter to live. The structure is located in the rear yard and meets all setback and building separation requirements. Pursuant to Section D of the Mesquite Zoning Ordinance, oversized accessory structures shall be BOA p. 1

25 City of Mesquite BOARD OF ADJUSTMENT August 23, 2018 Staff Report constructed using the same exterior materials, and in the same ratio, as the principal structure. The structure appears to meet this requirement, with exception to what appears to be a bay door on the side of the structure. There is no record of a permit or Special Exception to allow the oversized accessory structure; however, the structure is reflected in Dallas Central Appraisal District records and on a survey dated April 16, Electrical and plumbing permits have been issued for the conversion. The Mesquite Zoning Ordinance defines an accessory dwelling unit as an area, in addition to the principal dwelling unit on a lot, which has living, sleeping, and bathroom facilities and which meets either of the following conditions: 1) contains a kitchen; or 2) has primary access which is not from within the principal dwelling unit, including any such area in a detached structure, whether or not the area contains a kitchen. Primary access will not be from within the principal dwelling unit. Zoning: Lot Size: Surrounding Land Uses: R-3, Single Family Residential 7,462 square feet The subject property is surrounded on all sides by single family homes on lots of similar sizes. SPECIAL EXCEPTIONS- Accessory Dwelling Unit Applicable Ordinances: Mesquite Zoning Ordinance Section 2-203: Schedule of Permitted Uses Section of the Mesquite Zoning Ordinance allows for the applicant to make a request for a Special Exception to use an accessory structure as a dwelling unit within a residential zoning district subject to the following special condition: Permits only accessory dwelling units to be occupied by household members or persons employed on the premises; prohibits units designed, rented, or utilized as a totally separate dwelling unit. The Zoning Ordinance does not offer any specific criteria for review concerning an accessory dwelling unit beyond the standard criteria for a Special Exception, as stated in the following sections. However, the Mesquite Zoning Ordinance states that accessory dwelling units may not be rented out and an additional two parking spaces are required for the BOA p. 2

26 City of Mesquite BOARD OF ADJUSTMENT August 23, 2018 Staff Report accessory dwelling unit. Mesquite Zoning Ordinance Section 5-203: Criteria for Review A. Criteria for Special Exceptions Special Exceptions may be granted as set out in this ordinance, when the Board determines that the exception will allow greater use and enjoyment of the property without creating adverse impacts on adjacent properties and that it will be compatible with the surrounding neighborhood. The Board shall also consider any criteria set out in this ordinance for a specific Special Exception. Staff Comment: The accessory dwelling unit is located in the rear of the property behind the principal building reducing any visual impact the accessory dwelling unit might have on adjacent properties. Additionally, the structure existed as a garage/storage building prior to the current owner s purchase of the home in Google images indicate that the structure has existed since at least It is not anticipated that the use of the structure as an accessory dwelling unit by the owner s daughter will create an adverse impact on adjacent property owners. However, the Mesquite Zoning Ordinance requires 2 off-street parking spaces per dwelling unit for a total of 4 required off-street parking spaces. The subject property has a single-car driveway and what appears to be an enclosed area (carport/garage) for the parking of 1 vehicle. There is an existing alley in the rear of the property; however the alley is not paved and there is no rear access. Mesquite Zoning Ordinance, Section A, Oversize Accessory Structure To allow an oversize accessory structure, which shall be any detached structure which exceeds the height, size, or coverage limits set out in An existing accessory building shall not become an oversize structure due to the attachment of a minor building with separate entrances. Buildings exceeding 10% of the lot area are generally considered to be incompatible. Staff Comment: The accessory structure is located in the rear of the property behind the principal structure and has been there since at least The structure exceeds the size of an accessory structure by approximately 472 square feet. There are no records of permits or BOA approval having been issued for the structure; however, the detached garage/storage building is BOA p. 3

27 City of Mesquite BOARD OF ADJUSTMENT August 23, 2018 Staff Report reflected in Dallas Central Appraisal District records. structure exceeds 10% of the lot area. Additionally, the Staff Recommendation Permits: Public Notice: Attachments: Staff recommends approval of a Special Exception to allow the existing oversized accessory structure in the rear yard to be used as an accessory dwelling unit, subject to meeting all requirements of the Mesquite Zoning Ordinance, including the parking requirements for 2 dwelling units Electrical 2018 Electrical for accessory structure 2018 Accessory structure (on hold due to size and no record of BOA approval) 2018 Plumbing for accessory structure 2018 Driveway expansion (not issued due to incomplete application) Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, one notice has been returned in favor of the request. 1 Aerial Map 2 Public Notification Map 3 Site Photos 4 BOA Application Materials 5 Returned Notices 6 Additional Documents Provided by Applicant BOA p. 4

28 ATTACHMENT 1: AERIAL MAP BOA p. 5

29 ATTACHMENT 2: PUBLIC NOTIFICATION MAP BOA p. 6

30 ATTACHMENT 3: SITE PHOTOS Street view of subject property. Photo taken in rear yard looking at subject structure. BOA p. 7

31 ATTACHMENT 3: SITE PHOTOS Photo taken in rear yard looking at subject structure. Photo taken in rear yard looking at subject structure and rear of house. BOA p. 8

32 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 9

33 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 10

34 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 11

35 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 12

36 ATTACHMENT 5: RETURNED NOTICES BOA p. 13

37 ATTACHMENT 6: ADDITIONAL DOCUMENTS BOA p. 14

38 ATTACHMENT 6: ADDITIONAL DOCUMENTS BOA p. 15

39 ATTACHMENT 6: ADDITIONAL DOCUMENTS BOA p. 16

40 ATTACHMENT 6: ADDITIONAL DOCUMENTS BOA p. 17