City of Richardson Zoning Board of Adjustment Agenda Packet August 16, 2017

Transcription

1 City of Richardson Zoning Board of Adjustment Agenda Packet August 16, 2017 To advance to the background material for each item in the agenda, click on the item title in the agenda or click on Bookmarks in the tool bar on the left side of your screen.

2 AGENDA CITY OF RICHARDSON ZONING BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 16, :30 P.M. CIVIC CENTER/COUNCIL CHAMBERS 411 W. ARAPAHO ROAD BRIEFING SESSION: 6:00 P.M. Prior to the business meeting, the Zoning Board of Adjustment will meet with staff in the Large Conference Room located on the 2 nd floor, Room 206 to receive a briefing on: A. Discussion of Regular Agenda Items 1. APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 19, PUBLIC HEARING ON ZBA FILE V 17-08, a request by Desiree and Brad Johnson, for approval of the following variance to the City of Richardson Comprehensive Zoning Ordinance: 3. RECESS 4. ADJOURN 1) Article VII, Sec. 4(h)(1), to allow an attached carport in lieu of a required enclosed garage structure. The property is located at 720 Winchester Drive. ACCOMMODATION REQUESTS FOR PERSONS WITH DISABILITIES SHOULD BE MADE AT LEAST 48 HOURS PRIOR TO THE MEETING BY CONTACTING TAYLOR LOUGH, ADA COORDINATOR, VIA PHONE AT , VIA AT ADACOORDINATOR@COR.GOV, OR BY APPOINTMENT AT 411 W. ARAPAHO ROAD, RICHARDSON, TEXAS PURSUANT TO SECTION PENAL CODE (TRESPASS BY 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. PURSUANT TO SECTION PENAL CODE (TRESPASS BY 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. I HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE BULLETIN BOARD AT CITY HALL ON OR BEFORE 5:30 P.M., FRIDAY, AUGUST 11, 2017 CONNIE ELLWOOD, ADMINISTRATIVE SECRETARY X:\ZBA Zoning Board of Adjustment\2017\A Meetings\ \PDF\ ZBA Agenda - highlight.docx

3 Agenda Item 1 Approval of the minutes of the July 19, 2017 Zoning Board of Adjustment Meeting City of Richardson, Texas Zoning Board of Adjustment August 16, 2017 Meeting Packet

4 MINUTES ZONING BOARD OF ADJUSTMENT CITY OF RICHARDSON, TEXAS JULY 19, 2017 The Zoning Board of Adjustment met in session at 6:30 p.m. on Wednesday, July 19, 2017, in the Council Chambers, at the City Hall, 411 West Arapaho Road, Richardson, Texas. MEMBERS PRESENT: MEMBERS ABSENT: James L. Menke, Chairman John Veatch, Vice Chair Chip Pratt, Member Shamsul Arefin, Member Marsha Mayo, Alternate Brian Shuey, Member Jason Lemons, Alternate CITY STAFF PRESENT: Sam Chavez, Assistant Director of Development Services Kathy Welp, Executive Secretary Connie Ellwood, Administrative Secretary BRIEFING SESSION Prior to the start of the regular business meeting, members of the Zoning Board of Adjustment met with staff to receive a briefing on agenda items. No action was taken. REGULAR BUSINESS MEETING Opening comments: Chairman Menke introduced City staff and explained the staff serves in an advisory capacity and does not influence any decisions the Board might make. Chairman Menke summarized the function, rules, and appeal procedures of the Zoning Board of Adjustment. DRAFT 1. APPROVAL OF MINUTES FROM MAY 17, Motion: Vice Chair Veatch made a motion to approve the minutes as presented; second by Mr. Arefin. Motion approved PUBLIC HEARING ON ZBA FILE V 17-07: A request by Cody Curry, for approval of the following variances to the City of Richardson Comprehensive Zoning Ordinance: 1) Article XII-B, Sec. 4(f)(1), to allow a 1.5-foot variance to the required 10-foot side setback for an attached covered patio. 2) Article XII-B, Sec. 4(f)(1), to allow the roof eave of an attached covered patio to extend 4.5 feet into the required 10-foot side setback in lieu of the maximum allowable two feet. Site location: 3236 Heatherbrook Lane, Richardson, Texas

5 ZBA MINUTES PAGE 2 JULY 19, 2017 Mr. Chavez presented regarding case V Heatherbrook Lane and request for a variance to two portions of the zoning ordinance. He explained the applicant installed a canopy patio cover and it was discovered during inspection, that the canopy was built incorrectly and encroached on the side setback; therefore the applicant was requesting the following: DRAFT foot variance to the 10 foot setback for an attached canopy. The canopy cover is located 8.5 feet from the side property, while 10 feet is required. 2. Allow the roof eave of the attached canopy to extend 4.5 feet into the required 10 foot setback. The actual roof eave is 5.5 feet from the side property line. Mr. Chavez concluded his presentation by stating he had not received any opposition from the adjacent property owners and based on physical aspects of property, it was staff s opinion that a physical property hardship did not exist on the site. Mr. Pratt referenced the building permit and asked if the structure was built to the drawings submitted as part of the permit. Mr. Chavez responded no that it was not. No other questions were asked of the staff and Chairman Menke opened public hearing. Mr. Cody Curry, Contractor with Lawn Master, 127 Country Drive Waxahachie, Texas acknowledged that measurement mistakes were made and the canopy was built on the existing slab and encroached into the side yard setback. Chairman Menke and Vice Chair Veatch both raised a question regarding the overhang and how it was extended. Mr. Curry said the entire structure was symmetrical and the overhang was identical on both sides. Mr. Arefin raised a question regarding the location of the structure and why it was not built closer to the property line. Mr. Chavez replied that the subject property was located in a patio home district and the setbacks are different in that type of community. Vice Chair Veatch asked if there were any changes to the drawing during any part of the process. X:\ZBA Zoning Board of Adjustment\2017\A Meetings\ \ ZBA Minutes.docx

6 ZBA MINUTES PAGE 3 JULY 19, 2017 Mr. Curry reported there were no changes and, there was just a total misunderstanding about how much room there was on property; how the structure would fit on the property; and how close the canopy would be to the adjacent home. Mr. Arefin asked if the canopy was an original design or a predesign. He also wanted to know if there were changes to the existing concrete pad. Mr. Curry responded that all canopies were original and not predesigned and after a site visit, photos and measurements were taken and lumber was precut to specifications. He responded that the existing pad site had no alterations and the structure was worth approximately $8, Mr. Pratt stated that structurally the beams and posts appear to be sturdy, but asked if it would be possible to move a post back 1.5 feet and still maintain the structure s integrity. Mr. Curry said that modifying where the beam was located would require a total redesign. No other questions or comments in favor or opposed were received and Chairman Menke closed the public hearing. Mr. Arefin commented he was in support and acknowledged the contractor s honesty. Vice Chairman Veatch said he concurred with Mr. Arefin and supported the variance. Motion: Mr. Arefin made motion to grant the request listed in Variance as presented; Second by Ms. Mayo. Motion Approved 5-0. Motion: Chairman Menke called for an action to adjourn the regular business meeting. Mr. Arefin made motion to adjourn the regular business meeting; Second by Mr. Pratt. Motion Approved 5-0. There being no further business, the meeting was adjourned at 6:53 p.m. James L. Menke, Chairman Zoning AdjustmentDRAFT Board of X:\ZBA Zoning Board of Adjustment\2017\A Meetings\ \ ZBA Minutes.docx

7 Agenda Item 2 Zoning Variance 17-08: 720 Winchester Drive City of Richardson, Texas Zoning Board of Adjustment August 16, 2017 Meeting Packet

8 ZBA File V Attachments: 1. Staff Report 2. Aerial Map 3. Survey Plat 4. Site Plan 5. Site Plan - Enlarged 6. Proposed Carport Design 7. Site Photos 8. Application 9. Applicant s Statement 10. Applicant s Petition 11. Notice of Public Hearing 12. Notification List X:\ZBA Zoning Board of Adjustment\2017\B Cases\V (720 Winchester Dr)\Packet \V Attachment List.doce

9 Staff Report ZBA Meeting Date: August 16, 2017 TO: FROM: Zoning Board of Adjustment DATE: August 9, 2017 RE: V APPLICANT: OWNER: LOCATION: Sam Chavez, Assistant Director of Development Services SC Desiree and Brad Johnson Desiree and Brad Johnson 720 Winchester Drive REQUESTED VARIANCES: 1) Allow an attached carport in lieu of the required enclosed garage structure (Article VII, Sec. 4(h)(1)). EXISTING ZONING: R-1100-M Residential District EXISTING LAND USE: Residential SURROUNDING LAND USES: Residential STAFF COMMENTS: The subject home was originally built in The attached garage that was part of the principal structure was converted into living space years ago by the previous owner. The applicant purchased the subject home in of May of A portion of a paved driveway that extends from the street to the rear of the house remains between the building and the east property line. The current owner proposes to build a new attached carport on the rear (north) side of the property to replace the converted garage. Therefore, the applicant is requesting a variance to allow an attached two-car carport in lieu of the required two-car garage.

10 The Comprehensive Zoning Ordinance requires two off-street parking spaces, accessible from a driveway constructed of an approved parking surface, in an enclosed garage structure behind the front building line to accommodate two motor vehicles. The garage may be either attached to or detached from the principal building. The owner states their hardship for requesting the variance is based on the lack of adequate off-street parking spaces for their vehicles and a safety hazard created when their vehicles are parked on-street which is directly across from the southern neighbors driveway. TECHNICAL RECOMMENDATION: Variance Request: Based on the information provided by the applicant, and applicable codes and ordinances, it is staff s opinion that a physical property hardship does not exist. X:\ZBA Zoning Board of Adjustment\2017\B Cases\V (720 Winchester Dr)\Packet \V Staff Report.docx 2

11 Northill Dr N Floyd Rd Stardust Ln V Northlake Dr West Shore Dr Clearwater Dr SUBJECT PROPERTY Parkview Cir Thompson Cir Parkview Ln Winchester Dr Thompson Dr Greenleaf Dr V Aerial Map 4 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying 720 Winchester Drive purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Updated By: mathewsa, Update Date:08/01/2017\File: DS\Mapping\Cases\ZBA-\2017\V1708\V1708 ortho.mxd

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23 Notice of Public Hearing Zoning Board of Adjustment Richardson, Texas An application has been received by the City of Richardson for a: VARIANCE REQUEST File No. V Property Owner: Desiree and Brad Johnson Applicant: Desiree and Brad Johnson Location: 720 Winchester Drive Current Zoning: R-1100-M Residential District A request by Desiree and Brad Johnson, for approval of the following variance to the City of Richardson Comprehensive Zoning Ordinance: 1) Article VII, Sec. 4(h)(1), to allow an attached carport in lieu of a required enclosed garage structure. The Zoning Board of Adjustment will consider this request at a public hearing on: WEDNESDAY, AUGUST 16, :30 p.m. City Council Chambers Richardson City Hall, 411 W. Arapaho Road Richardson, Texas This notice has been sent to all owners of real property within 200 feet of the request; as such ownership appears on the last approved city tax roll. Process for Public Input: A maximum of 15 minutes will be allocated to the applicant and to those in favor of the request for purposes of addressing the Zoning Board of Adjustment. A maximum of 15 minutes will also be allocated to those in opposition to the request. Time required to respond to questions by the Zoning Board of Adjustment is excluded from each 15 minute period. Persons who are unable to attend, but would like their views to be made a part of the public record, may send signed, written comments, referencing the file number above, prior to the date of the hearing to: Dept. of Development Services, PO Box , Richardson, TX Agenda: The Zoning Board of Adjustment agenda for this meeting will be posted on the City of Richardson website the Saturday before the public hearing. For a copy of the agenda, please go to: For additional information, please contact the Dept. of Development Services at and reference Variance number V Date Posted and Mailed: August 4, 2017 Development Services Department City of Richardson, Texas 411 W. Arapaho Road, Room 204, Richardson, Texas

24 Northill Dr N Floyd Rd V Northlake Dr West Shore Dr 200' NOTIFICATION BOUNDARY Stardust Ln Clearwater Dr SUBJECT PROPERTY Parkview Cir Thompson Cir Parkview Ln Winchester Dr Thompson Dr Greenleaf Dr V Notification Map 4 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying 720 Winchester Drive purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Updated By: mathewsa, Update Date:08/01/2017\File: DS\Mapping\Cases\ZBA-\2017\V1708\V1708 notification map.mxd

25 Northill Dr N Floyd Rd V Northlake Dr West Shore Dr 200' NOTIFICATION BOUNDARY Stardust Ln Clearwater Dr SUBJECT PROPERTY Parkview Cir Thompson Cir Parkview Ln Winchester Dr Thompson Dr Greenleaf Dr V Notification Map 4 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying 720 Winchester Drive purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Updated By: mathewsa, Update Date:08/01/2017\File: DS\Mapping\Cases\ZBA-\2017\V1708\V1708 notification map.mxd