City Hall: 317 College St Grand Prairie, TX

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3 City Hall: 317 College St Grand Prairie, TX MEETING MINUTES Zoning Board of Adjustments and Appeals DATE BRIEFING: 6:30PM The staff will brief the board and preview the cases on tonight s agenda. Board members will have the opportunity to ask questions that may facilitate the meeting and presentation of the cases. No action will be taking place during the briefing CALL TO ORDER 7:00PM The Zoning Board of Adjustments and Appeals is appointed by the City Council to consider variances, exceptions and appeals as prescribed by the City of Grand Prairie s Unified Development Code. In accordance with Section of the Local Government of the State of Texas and Article 1 of the Unified Development Code of the City of Grand Prairie, the concurring vote of seven members of the Board is necessary to decide in favor of an applicant on any matter on which the Board has jurisdiction. Members of the public may address the Board on items listed on the agenda under Public Hearing Items Board Members In Attendance: Eric Hedin, X, Ed Gray X, Heather Mazac X, Clayton Hutchins X, Jim Parker _X, Barry Sandacz _X, Debbie Hubacek X, David Baker X, Tracy Owens _X Stacy White Ralph Castro*, Vance Roper*,

4 INVOCATION: David Baker led the invocation APPROVAL OF MINUTES: Ed Gray Barry Sandacz motioned to approve last month s minutes seconded motion 9 yays 0 nay PUBLIC HEARING: 1. CASE NUMBER BA Avenue F, platted as Lot 22, Block F, Lake Crest 3 (Council District 3). Consider a Special Exception request to construct a carport. This property is zoned Single Family 4 (SF-4) Applicant / Spokesperson: Julio Espino Address: 1842 Avenue F, Grand Prairie, TX Any comments from Spokesman: N/A Any questions from Board: N/A The following persons spoke in favor of the application: The following persons noted their support for the application: The following evidence was presented to the Board by those in favor of the case:. The following persons noted their opposition to the application:.

5 The following evidence was presented to the Board by those in opposition to the case:. The applicant did or did not speak in rebuttal. After consideration of the evidence, the Board discussed the evidence and the documentation on the record. The Board makes the following findings, indicated by a check or x in the blank next to the finding: X Proper notification was done in accordance with the statutes and ordinances. The decision of the City building or administrative official to deny the permit or construction was in error, and the permit should be granted. X A variance, if granted, is not contrary to the public interest, and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and the granting of the variance would be in the spirit of the ordinances and substantial justice would be done. X The variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. X_ The variance or exception will not adversely affect the health, safety, or general welfare of the public. X The variance or exception will not be contrary to public interest. X The variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. X The variance or exception will be in harmony with the spirit and purpose of the Unified Development Code and all other ordinances of the City. X The variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. X The variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including, but not limited to, area, shape or slope, and the unique circumstances were not created by the owner of the property, and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. The variance or exception is not a self-created hardship. Any additional findings:

6 Motion to close to the public hearing by Barry Sandacz_ 2 nd the Motion by Heather Mazac The public hearing was closed Motion to Approve Case by _Barry Sandacz 2 nd the Motion Ed Gray Motion was approved/denied 8 yays to 0 Nays Members that objected N/A Any conditions: 1. The variances and/or special exceptions are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit from Building Inspections prior to the completion of the proposed structure. 3. The carport must conform to material standards listed in Section (C) of the Unified Development Code. 4. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 5. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. The public hearing was closed. 2. CASE NUMBER BA Holland, platted as Lot 13, Block J, GW Spikes 1 (Council District 1). Consider a side yard setback variance request to construct a house. This property is zoned Single Family 4 (SF-4) Applicant / Spokesperson: Victor Reyes Address: 2809 McPherson, Flower Mound, TX

7 Any comments from Spokesman: The house adjacent to the property is built over the property line and that is why we are requesting a side yard setback Any questions from Board: N/A The following persons spoke in favor of the application: The following persons noted their support for the application: The following evidence was presented to the Board by those in favor of the case:. The following persons noted their opposition to the application:. The following evidence was presented to the Board by those in opposition to the case:. The applicant did or did not speak in rebuttal. After consideration of the evidence, the Board discussed the evidence and the documentation on the record. The Board makes the following findings, indicated by a check or x in the blank next to the finding: X Proper notification was done in accordance with the statutes and ordinances. The decision of the City building or administrative official to deny the permit or construction was in error, and the permit should be granted. X A variance, if granted, is not contrary to the public interest, and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and the granting of the variance would be in the spirit of the ordinances and substantial justice would be done. X The variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district.

8 X_ The variance or exception will not adversely affect the health, safety, or general welfare of the public. X The variance or exception will not be contrary to public interest. X The variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. X The variance or exception will be in harmony with the spirit and purpose of the Unified Development Code and all other ordinances of the City. X The variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. X The variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; X The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including, but not limited to, area, shape or slope, and the unique circumstances were not created by the owner of the property, and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. X The variance or exception is not a self-created hardship. Any additional findings: Motion to close to the public hearing by Barry Sandacz 2 nd the Motion by Heather Mazac The public hearing was closed Motion to Approve Case by _Barry Sandacz 2 nd the Motion Heather Mazac Motion was approved/denied 8 yays to 0 Nays Members that objected N/A Any conditions: 1. The variances and/or special exceptions are to be no more than what is approved by the Zoning Board of Adjustments and Appeals.

9 2. The applicant will need to obtain a building permit from Building Inspections prior to the completion of the proposed structure. 3. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 4. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. CITIZENS COMMENTS: N/A NEW BUSINESS: ZBA Recognition Tonight was Jim Parker s last meeting. The staff thanked him for his time and for serving on the Board. This was Mr. Parker s first term as a board member and was an alternate the first years. Vance Roper will be taking Jim Parker s position at the next meeting in August. Peter Fitzwilliams will no longer be an alternate as he will be serving on another City Board.

10 BA NE 35 th St Special Exception Carport Zoning Board of Adjustments & Appeals: August 20, 2018 Case Manager: Owner: Colby Collins Juan Mendoza SUMMARY 213 NE 35th St, platted as Lot 5, Block 5, Parkway 1 (Council District 5). Consider a Special Exception to allow a carport. This property is zoned Single Family-4 (SF-4). DISCUSSION The applicant is requesting approval for a Special Exception to construct a 25x11 (275 sq. ft.) tall carport attached to the home. The applicant is proposing to construct the carport out of wood and metal. During site visits, staff noticed there were at least four similar structures within 800 ft. of the subject property (staff could not find a permit for any of the surrounding carports). At the time of this report (8/14/2018), staff has yet to receive any calls of opposition. Due to surrounding carports in the neighborhood area, staff believes such exception will not alter the essential character of the district in which is located. According to the Dallas County Appraisal District (DCAD), the subject property consists of a 1,080 square foot home constructed in The exterior of the home is primarily wood. The existing side yard driveway has room to park two-full sized vehicles. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review process, Building Inspections will ensure that the materials and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on August 10 th and August 19 th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on August 9, FINDINGS Section (B) of Article 6, Density and Dimensional Requirements, of the Unified Development Code grants the Zoning Board of Adjustments and Appeals the authority to grant a Special Exception to the PAGE 1 of 6 City of Grand Prairie

11 regulations for the purpose of constructing a carport in a residential zoning district upon a finding by the board that: Front yard and side yard carports in any single family residential zoning district in the City of Grand Prairie, may be permitted only by Special Exception. The Planning and Development Director or designee may grant a Special Exception for the purpose of constructing a front yard or side yard carport in a residential zoning district only if the carport conforms to each of the following standards: 1. The width of the carport shall not exceed 26 feet or 30% of the width of the house from terminating corner to terminating corner. Staff Evaluation: The proposed width of the carport is 11 ft. 2. The total area of the carport shall not exceed 500 square feet. Staff Evaluation: The applicant is proposing to construct a 25x11 (275 sq. ft.) carport structure attached to the home. 3. The ridgeline of the carport shall not exceed the height of the house, as defined in Article 30, Definitions. Staff Evaluation: According to the applicant s submitted drawing, the structure will not exceed the height of the house. 4. The carport shall be set back a minimum of five (5) feet from all property lines adjacent to public rights of way. Staff Evaluation: According to the applicant s submitted drawing, the structure will be setback a minimum of five (5) feet from all property lines adjacent to public rights of way. 5. The carport shall be set back a minimum of three (3) feet from all internal property lines, and any projection or overhang of eaves, gutters, or other roof elements that protrude into the established building setback may not exceed twenty four (24 ) inches in accordance with Section A of this Article. Staff Evaluation: According to the applicant s submitted drawing, the structure will be setback a minimum of three (3) feet from all internal property lines. 6. The carport shall not encroach, intrude, or overhang any easements that have been established on the subject property. Staff Evaluation: According to the applicant s submitted plans, the carport shall not encroach, intrude, or overhang any easements that have been established on the subject property. PAGE 2 of 6 City of Grand Prairie

12 7. All areas beneath the roof of the carport shall be paved with a city approved paving material prior to the applicant s use of the carport. Staff Evaluation: concrete. According to the applicant, the carport shall be constructed over paved 8. The carport shall be constructed of materials, color, roofing type and roof pitch that are fully consistent and harmonious with the primary residential structure, and shall in appearance and function be an integral part of the primary structure. Staff Evaluation: According to the applicant, the structure will be constructed of materials that are consistent with Section (E) of the UDC. All building materials will be reviewed for compliance with Section (E) of the UDC by Building Inspections during the permit review process. 9. Prior to granting a Special Exception, the Director must determine that at least one other legally permitted front yard carport is located within eight hundred (800) feet of the subject property as measured in a straight line from the nearest property line of the subject property to the nearest property line of the parcel where the existing carport is located. Staff Evaluation: Staff noticed four similar structures within 800 ft. of the subject property (staff could not find a permit for any of the surrounding carports). At the time of this report (8/14/2018), staff has yet to receive any calls of opposition. 10. The carport shall not pose a negative impact on any of the adjacent or surrounding properties based on its proposed location, design, or visual impact to the streetscape. Staff Evaluation: The structure will not pose a negative impact on any of the adjacent properties. During site visits, staff noticed there were at least four similar structures within 800 ft. of the subject property (staff could not find a permit for any of the surrounding carports). At the time of this report (8/14/2018), staff has yet to receive any calls of opposition. 11. The carport shall not create a visual obstruction to motorists. Staff Evaluation: The structure will not create any sight obstruction to motorists (E) In no case should any carport contain or be constructed of the following prohibited building materials: canvas, vinyl, PVC siding, galvanized or corrugated metal, aluminum, corrugated or flat fiberglass panels, or any plastic construction materials. Staff Evaluation: All building materials will be reviewed for compliance with Section (E) of the UDC by Building Inspections during the permit review process. The applicant is aware of this PAGE 3 of 6 City of Grand Prairie

13 requirement. As authorized in Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: Approving such exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. During site visits, staff noticed there were at least four similar structures within 800 ft. of the subject property (staff could not find a permit for any of the surrounding carports). At the time of this report (8/14/2018), staff has yet to receive any calls of opposition. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the exception will not adversely affect the health, safety or general welfare of the public. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: The proposed carport special exception, if approved, will not authorize the operation of a use other than those already allowed in the Single Family-4 (SF-4) zone district. During site visits, staff noticed there were at least four similar structures within 800 ft. of the subject property (staff could not find a permit for any of the surrounding carports). At the time of this report (8/14/2018), staff has yet to receive any calls of opposition. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: The granting of this exception will allow the homeowner to protect their vehicle from inclement weather. The applicant currently does not have a garage to park his vehicles, and constructing a carport structure will allow him to do so. Staff suggests that the exception is in harmony with the spirit and purpose of this ordinance. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: During site visits, staff noticed there were at least four similar structures within 800 ft. of the subject property (staff could not find a permit for any of the surrounding carports). Due to surrounding carports in the neighborhood area, such exception will not alter the essential PAGE 4 of 6 City of Grand Prairie

14 character of the district in which is located. F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. Staff Evaluation: During site visits, staff noticed there were at least four similar structures within 800 ft. of the subject property (staff could not find a permit for any of the surrounding carports). At the time of this report (8/14/2018), staff has yet to receive any calls of opposition. Approving the exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: Staff cannot find that the property owner has a hardship that is a unique circumstance of the property. H. The variance or exception is not a self-created hardship. Staff Evaluation: Staff finds that the hardship is self-created. RECOMMENDATION Staff recommends that the ZBA board grant approval to the applicant s proposed 25x11 (275 sq. ft.) carport structure attached to the home. If the board chooses to grant the applicants request, he/she must abide to the conditions listed below: CONDITIONS 1. The variances and/or special exceptions are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit from Building Inspections prior to the completion of the proposed structure. 3. The carport must conform to material standards listed in Section 6.6.1(E) of the Unified Development Code. PAGE 5 of 6 City of Grand Prairie

15 4. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 5. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 6 of 6 City of Grand Prairie

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17 HENSLEY TH TRIBLE 3416 CASE LOCATION MAP Case Number: BA NE 35th St City of Grand Prairie Planning and Development (972)

18 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA NE 35 th St, platted as Lot 5, Block 5, Parkway 1 (Council District 5). Consider a Special Exception to construct a carport. This property is zoned Single Family-4 (SF-4). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on August 20, 2018, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

19 TORRES ENRIQUE & ALMA 3512 TRIBLE DR Parcel Owner Notification Labels - Count: 33 DAVIS EMMITT A 3523 TRIBLE DR SALAZAR HOMAR R & 301 NE 35TH ST KAPS TOMMIE LEE 217 SMALL HILL DR SANCHEZ ARNOLDO & 209 HENSLEY DR HOGAN PETER EST OF 310 NE 35TH ST RODRIGUEZ JOSE A & 302 NE 35TH ST RODRIGUEZ JACK A & LUPE 210 HENSLEY DR RUIZ TRACIE 314 HENSLEY DR ROMERO TOMAS A & 302 HENSLEY DR GONZALEZ MANOLITO & 201 HENSLEY DR GALVAN MARTIN JR & 206 HENSLEY DR BANDA JOSE L & 309 NE 35TH ST SANCHEZ ARNOLDO 214 HENSLEY DR SOLIS LEONEL 3510 RINEHART ST LIGHTFOOT RICKY RAY JR 747 N BRITAIN RD IRVING TEXAS SOSA PABLO & 1517 OAK ST LISKA JOHN A 3515 TRIBLE DR TORRES OLGA LILIA 208 NE 35TH ST RAMIREZ JESSICA ELENA 3416 TRIBLE DR LIVELY MISTY 305 NE 35TH ST SIXTOS JOSUE 205 NE 35TH ST GUFFEY SALLY M 3508 TRIBLE DR MANRIQUE JAIME & GUADALUPE & 205 HENSLEY DR MARQUEZ PEGGY NEAL 306 NE 35TH ST MARTINEZ MARIA & JOSE 204 HENSLEY DR CAMARENA LIVING TRUST 4001 MEMORIAL CT CARROLLTON TEXAS SIXTOS SERGIO H & 3520 TRIBLE DR ROJAS JOSE C & PRICILLA A 310 HENSLEY DR Page 1 CLAY LEENONIAL FELIX 3504 TRIBLE DR

20 Parcel Owner Notification Labels - Count: 33 MENDOZA JUAN & AURORA 213 NE 35TH ST DUQUE GERARDO & MARIA C 305 HENSLEY DR ESQUEDA RUBEN 2838 DUNCANVILLE RD DALLAS TEXAS Page 2

21 BA W Rock Island Rd Special Exception Fence Zoning Board of Adjustments & Appeals: August 20, 2018 Case Manager: Owner: Colby Collins Rock Island 199 LLC SUMMARY 199 W Rock Island Rd, platted as Lot 1R, Block 1, JC Read Addition (Council District 1). Consider a Variance request to construct an R-Panel fence in the Light Industrial zoning district. This property is zoned Light Industrial (LI). DISCUSSION The applicant is proposing to construct an 8ft. tall R-panel fence along the rear of the property. Currently, there is an existing chain link fence along the rear of the property. The applicant has stated that though a chain link fence as well as night time security is used for the property, the chain link fence continuously gets cut. The applicant believes that a R-panel fence will help secure and protect his property. The applicant has informed staff that the surrounding area has had occurrences of crime within the area. Per the City of Grand Prairie (U)nified (D)evelopment (C)ode, a R-panel fence is only allowed in the Light Industrial-Limited Standards zoning district. The current property is located within the Light Industrial district. At the time of this report (8/14/2018), staff has not received any calls of opposition from surrounding neighbors. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review process, Building Inspections will ensure that the materials and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on August 10 th and August 19 th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on August 9, RECOMMENDATION PAGE 1 of 2 City of Grand Prairie

22 With consideration to the surrounding environment of the subject property, staff does not object to the applicant s request to construct a R-Panel fence in the Light Industrial zoning district. However, if approved, staff does recommend that the applicant help enhance the fence along the property by considering the following: - Construct a masonry fence opposed to R-panel fence - Include masonry columns Staff also recommends that the applicant meet the conditions below for a R-panel fence constructed within the LI-LS zoning district: -The fence will be a minimum of seven (7) feet in height. -The fence will have a minimum of a six (6) inch wide concrete beam, set a minimum of six (6) inches above the ground, placed on either spread or piers and constructed from a minimum of two (2) number three (3) bars of steel. -All fence posts will be steel and placed eight (8) feet on center. -The fence will be constructed of decay resistant materials that are uniform in paint, color and texture. CONDITIONS 1. The variances and/or special exceptions are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit from Building Inspections prior to the completion of the proposed structure. 3. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 4. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. 5. Corrugated metal is not an approved fencing material. PAGE 2 of 2 City of Grand Prairie

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27 ROCK ISLAND GILBERT 3559 ROSE LEE SEATON CASE LOCATION MAP Case Number: BA W Rock Island Rd City of Grand Prairie Planning and Development (972)

28 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA W Rock Island Rd, platted as Lot 1R, Block 1, JC Read Addition (Council District 1). Consider a Variance request to construct an R-Panel fence in the Light Industrial zoning district. This property is zoned Light Industrial (LI). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on August 20, 2018, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

29 Parcel Owner Notification Labels - Count: 15 HAGAN PLASTICS CO INC 121 W ROCK ISLAND RD SHADY GROVE CHURCH OF GOD IN CHRIST PO BOX BEDFORD TEXAS CAUSEY LARRY 225 GILBERT CIRCLE OGLETREE JASON D & 861 ROBISON CREEK DR PROSPER TEXAS BALL MICHELLE C 125 GILBERT CIR BRYANT MARY 3555 ROSE LEE SEATON RD ROCK ISLAND 199 LLC 199 W ROCK ISLAND RD ADRIAN & GRIFFITH PO BOX IRVING TEXAS DRAKE JOSIE L 105 GILBERT CIR SHADY GROVE CHURCH OF GOD IN CHRIST PO BOX BEDFORD TEXAS ROCK ISLAND 205 LLC 199 W ROCK ISLAND RD AROLDOU BOL YEL & 3559 ROSE LEE SEATON RD LOPEZ LUIS A & HILDA 134 GILBERT CIR ADRIAN & GRIFFITH PO BOX IRVING TEXAS TRIGG AUBREY M 135 GILBERT CIR Page 1

30 BA Hardy Rd. Variance Size and Height Special Exception - Masonry Zoning Board of Adjustments & Appeals: August 20, 2018 Case Manager: Owner: Colby Collins Ernesto Rodriguez SUMMARY 1609 Hardy Rd, platted as Lot 6R, Block 5, Lake Crest 2 (Council District 3). Consider a size and height Variance request, as well as a masonry Special Exception request, to construct an 800 sq. ft. accessory structure in the rear of the property. This property is zoned Single Family-4 (SF-4). DISCUSSION The applicant is requesting approval to construct a 40 ft. x 20 ft. 16 ft. tall (800 sq. ft.) accessory storage structure. The applicant is proposing to construct the structure out of wood. The applicant intends to use the storage space to store material such as tools, furniture, and lawn equipment. Due to the size of the structure, the applicant will also need a masonry special exception to allow a wood structure opposed to masonry material. Though there are other accessory structures within the neighborhood area, staff did not notice any structures of the proposed size (800 sq. ft.). Due to this, adjacent properties could potentially be affected in a negative way. At the time of this report (8/14/2018), staff has yet to receive any contact from surrounding neighbors. According to the Dallas County Appraisal District (DCAD), the subject property consists of a 2,322 square foot home constructed in Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review process, Building Inspections will ensure that the materials and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on August 10 th and August 19 th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on August 9, PAGE 1 of 4 City of Grand Prairie

31 FINDINGS As authorized in Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: The proposed variance, if approved, will not authorize the operation of a use other than those already allowed in the Single Family-4 (SF-4) zone district. Such variance will allow the applicant to construct an accessory structure. Though there are other accessory structures within the neighborhood area, staff did not notice any structures of the proposed size (800 sq. ft.). Due to this, adjacent properties could potentially be affected in a negative way. At the time of this report (8/14/2018), staff has yet to receive any contact from surrounding neighbors. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the exception will not adversely affect the health, safety or general welfare of the public. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: The proposed variance, if approved, will not authorize the operation of a use other than those already allowed in the Single Family-4 (SF-4) zone district. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: The granting of this variance will allow the homeowner to store and protect personal property for their home. Staff suggests that the variance is in harmony with the spirit and purpose of this ordinance. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: Staff noticed that there were accessory structures within the neighborhood area. Though there are other accessory structures within the neighborhood area, staff did not notice any structures of the proposed size (800 sq. ft.). Due to this, adjacent properties could potentially be affected in a negative way. At the time of this report (8/14/2018), staff has yet to receive any opposition from surrounding neighbors. F. Such variance or exception will not substantially weaken the general purposes of the zoning PAGE 2 of 4 City of Grand Prairie

32 regulations established for the district in which the property is located. Staff Evaluation: Such variance will allow the applicant to construct an accessory structure. Due to other accessory structures within the neighborhood area, staff believes that such variance will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: Staff cannot find that the property owner has a hardship that is a unique circumstance of the property. H. The variance or exception is not a self-created hardship. Staff Evaluation: Staff finds that the hardship is self-created. Additional, Section of the UDC stipulates that the Zoning Board of Adjustments and Appeals shall consider the following factors when considering an exception or variance to a requirement for an accessory building: A. That the building is not intended to be used as a dwelling and does not contain any elements of a dwelling such as facilities for food preparation, sleeping and bathrooms. Staff Evaluation: The applicant informed staff that the accessory structure will be used for storage space. The accessory building is not intended to be used as a dwelling. Staff has also informed the applicant that using the structure as a dwelling is prohibited. B. Whether separate utility hook-ups are proposed for the structure. Staff Evaluation: Separate utility hook-ups are NOT proposed for this structure. C. The extent to which windows may impact adjacent properties when a two-story structure is proposed. Staff Evaluation: The accessory structure is a single-story structure. RECOMMENDATION Due to the applicant proposing a structure that is 350 sq. ft. over the maximum allowed square footage (450 sq. ft.), staff recommends denial for the applicant s proposed 40x20x16 ft. tall (800 sq. ft.) accessory structure. PAGE 3 of 4 City of Grand Prairie

33 If the board chooses to grant the applicants request, he/she must abide to the conditions listed below: CONDITIONS 1. The variances and/or special exceptions are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit from Building Inspections prior to the completion of the proposed structure. 3. The accessory structure cannot be used for a dwelling. 4. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 5. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 4 of 4 City of Grand Prairie

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35 HARDY SAMPSELL CASE LOCATION MAP Case Number: BA Hardy Rd City of Grand Prairie Planning and Development (972)

36 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA Hardy Rd, platted as Lot 6R, Block 5, Lake Crest 2 (Council District 3). Consider a size and height Variance request, as well as a masonry Special Exception request, to construct an 800 sq. ft. accessory structure in the rear of the property. This property is zoned Single Family-4 (SF-4). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on August 20, 2018, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

37 TC RIVERVIEW PARTNERSHIP 123 W MAIN ST STE Parcel Owner Notification Labels - Count: 25 RODRIGUEZ ERNESTO 1609 HARDY RD ESPINOSA SALVADOR L & 1622 AVENUE F THORN LILA LIFE ESTATE 1629 AVENUE F BENAVIDES MORIS ALBERTO & MARIBEL CHAVEZ 1618 AVENUE F QUIROGA NORA ELVIA 1617 AVENUE F NERI RAMON & ANGELA L 5719 BECKETT DR ARLINGTON TEXAS RUIZ RAUL & EUNICE 1534 AVENUE F NAVARRETE ABRAHAM E & 1602 AVENUE F VELIZ CARLOS A 1921 AVENUE D CEDILLO LEONARDO & 1613 HARDY RD RODRIGUEZ ERNESTO 1609 HARDY RD CAMPBELL JOHN M & KELSEY N 1538 AVENUE F CEDILLO LEONARDO & 1613 HARDY RD ZARATE MANUEL III 1601 HARDY RD HERRING ROBERT CARL & 1605 AVENUE F LEDEZMA MARCOS & MONICA 1533 HARDY RD HERRERA GUILLERMO 1613 AVENUE F VELIZ CARLOS A 1921 AVENUE D TAH BORROWER LLC 1508 BROOKHOLLOW DRIVE SANTA ANA CALIFORNIA ARIK PROPERTIES LLC PO BOX ARIK PROPERTIES LLC PO BOX BAKER ROBERT 1537 HARDY RD SEGOVIA KRYSTAL ROSE ELIZ & 1646 VICKY LN CAZARES MANUEL & ALICIA 1606 AVENUE F Page 1

38 BA Foghorn Ln Variance Setback Zoning Board of Adjustments & Appeals: August 20, 2018 Case Manager: Owner/Applicant: Colby Collins Richard and Gertrud Gray SUMMARY 6804 Foghorn Ln, platted as Lot 40, Block A, Bluffs at Grand Peninsula (Council District 6). Consider a setback Variance request to construct a patio structure in the rear of the home. This property is zoned Planned Development-249 (PD-249). DISCUSSION The applicant is requesting a 13 ft. rear yard setback variance to allow construction of a patio attached to the home. Per Planned Development-249, the subject property s zoning designation, the rear yard setback requirement is 20 ft. Due to the rear yard setback requirement, the applicant cannot meet the rear yard setback without the structure being too small. Staff noticed similar structures within the neighborhood area, as well as two homes within 800 ft. that have approved rear yard setback variances to allow for patio structures. At the time of this report, staff has yet to receive any calls of opposition. According to the Tarrant Appraisal District (TAD), the subject property consists of a 4,073 square foot home constructed in The exterior of the home is primarily brick veneer. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review, Building Inspections will ensure that the variance complies with 2015 IBC requirements for a habitable space. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on August 10 th and August 19 th Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on August 9, FINDINGS Pursuant to Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: PAGE 1 of 3 City of Grand Prairie

39 A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: Staff believes such variance will not substantially or permanently injure the appropriate use of the adjacent property. Staff noticed similar structures within the neighborhood area, as well as two homes within 800 ft. that have approved rear yard setback variances to allow for patio structures. At the time of this report, staff has yet to receive any calls of opposition. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the variance will not adversely affect the health, safety or general welfare of the public. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: The variance, if approved, will not authorize the operation of a use other than those uses already allowed in the PD-249 zone district. Staff suggests that the variance is not contrary to the public interest and it will not authorize any currently unauthorized uses in the zone district. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: The granting of this variance will allow the applicant to construct a patio structure (attached to the home) in the rear of the property. Staff suggests that the variance is in harmony with the spirit and purpose of this ordinance. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: Staff suggests that the granting such variance will not alter the essential character of the district. Staff noticed similar structures within the neighborhood area, as well as two homes within 800 ft. that have approved rear yard setback variances to allow for patio structures. At the time of this report, staff has yet to receive any calls of opposition. F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. Staff Evaluation: Staff believes that such variance will not substantially weaken the general purposes of the zoning re regulations established for the district in which the property is located. Staff noticed similar structures within the neighborhood area, as well as two homes within 800 ft. that have approved rear yard setback variances to allow for patio structures. At the time of this report, staff has yet to receive any calls of opposition. PAGE 2 of 3 City of Grand Prairie

40 G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: Per Planned Development-249, the subject property s zoning designation, the rear yard setback requirement is 20 ft. Due to the rear yard setback requirement, the applicant cannot meet the rear yard setback without the structure being too small. Staff finds that such variance is not a self-created hardship. H. The variance or exception is not a self-created hardship. Staff Evaluation: Per Planned Development-249, the subject property s zoning designation, the rear yard setback requirement is 20 ft. Due to the rear yard setback requirement, the applicant cannot meet the rear yard setback without the structure being too small. Staff finds that such variance is not a self-created hardship. RECOMMENDATION Staff recommends the board grant the applicant s 13 ft. rear yard setback variance request to allow a patio structure attached to the home. CONDITIONS If the Zoning Board of Adjustment and Appeals chooses to grant the variance, then staff recommends the following conditions: 1. The variances are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit. 3. (H)ome (O)wner s (A)ssociation approval is required. 4. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 5. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 3 of 3 City of Grand Prairie

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49 WATERS EDGE SAIL AWAY FOGHORN CASE LOCATION MAP Case Number: BA Foghorn Ln City of Grand Prairie Planning and Development (972)

50 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA Foghorn Ln, platted as Lot 40, Block A, Bluffs at Grand Peninsula (Council District 6). Consider a setback Variance request to construct a patio structure in the rear of the home. This property is zoned Planned Development-249 (PD-249). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on August 20, 2018, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

51 ESTES CEMETERY ARLINGTON WEBB RD MANSFIELD, TX Parcel Owner Notification Labels - Count: 36 GAMMEL, ANDRES C 6803 SAIL AWAY PL GRAND PRAIRIE, TX HUYNH, HANH 2739 WATERS EDGE DR GRAND PRAIRIE, TX VALENTINE, ELLIS 2708 BRIDGEMARKER DR GRAND PRAIRIE, TX HUFFORD, DAVID 6807 SAIL AWAY PL GRAND PRAIRIE, TX SAYACHACK, BOUNTHAVY 2735 WATERS EDGE DR GRAND PRAIRIE, TX LITTLE, DAVID 2712 BRIDGEMARKER DR GRAND PRAIRIE, TX KIRVIN, MYRON 6815 SAIL AWAY PL GRAND PRAIRIE, TX DANIELS, GARY 2731 WATERS EDGE DR GRAND PRAIRIE, TX SWH BORROWER LP 1717 MAIN ST STE 2000 DALLAS, TX GRAY, RICHARD N 6804 FOGHORN LN GRAND PRAIRIE, TX WILLIAMS, JOHN 2727 WATERS EDGE DR GRAND PRAIRIE, TX TRUONG, HIEU 2720 BRIDGEMARKER DR GRAND PRAIRIE, TX BROWN, OMARIAN 6812 FOGHORN LN GRAND PRAIRIE, TX ANNAN, KELEBOGILE 2723 WATERS EDGE DR GRAND PRAIRIE, TX MITCHELL, CARLOS 2724 BRIDGEMARKER DR GRAND PRAIRIE, TX ALLEN, HASKELL 6816 FOGHORN LN GRAND PRAIRIE, TX WELSCH, FREDDIE 2719 WATERS EDGE DR GRAND PRAIRIE, TX PORTER, DARRYLE E 2728 BRIDGEMARKER DR GRAND PRAIRIE, TX ELIESON, NIKKI 6820 FOGHORN LN GRAND PRAIRIE, TX TATE, TERRY N 2715 WATERS EDGE DR GRAND PRAIRIE, TX MCCARTY, ODELL 2708 WATERS EDGE GRAND PRAIRIE, TX CANTU, JOE 6824 FOGHORN LN GRAND PRAIRIE, TX HUGHES, KENNETH C 2711 WATERS EDGE DR GRAND PRAIRIE, TX VEAL, ALBERT 6812 SAIL AWAY PL GRAND PRAIRIE, TX GRAND PENINSULA OWNERS ASSN 1800 PRESTON PARK BLVD STE 101 PLANO, TX NGUYEN, QUAN 2707 WATERS EDGE DR GRAND PRAIRIE, TX JONES, ANITRA 6804 SAIL AWAY PL GRAND PRAIRIE, TX GRAND PENINSULA OWNERS ASSN 1800 PRESTON PARK BLVD STE 101 PLANO, TX Page 1 DARROW, BRUCE ANDREW 2732 WATERS EDGE DR GRAND PRAIRIE, TX 75054

52 Parcel Owner Notification Labels - Count: 36 PILLOW, URSELA SOPHELIA 2736 WATERS EDGE DR GRAND PRAIRIE, TX BULLOCK, DAVID 2740 WATERS EDGE DR GRAND PRAIRIE, TX ELEVATI ASSETS LLC 6831 FOGHORN LN GRAND PRAIRIE, TX JACKSON, DANA L 6827 FOGHORN LN GRAND PRAIRIE, TX ABBOTT, OLA 6823 FOGHORN LN GRAND PRAIRIE, TX GRAND PENINSULA OWNERS ASSN 1800 PRESTON PARK BLVD STE 101 PLANO, TX Page 2

53 BA Finnhorse Dr Variance Setback Zoning Board of Adjustments & Appeals: August 20, 2018 Case Manager: Owner/Applicant: Colby Collins Mike Flores SUMMARY 5103 Finnhorse Dr, platted as Lot 12, Block C, Polo Heights Phase 2 (Council District 6). Consider a setback Variance request to construct a patio structure in the rear of the home. This property is zoned Planned Development-136 (PD-136). DISCUSSION The applicant is requesting a 2.5 ft. rear yard setback variance to allow construction of a patio attached to the home. Per Planned Development-136, the subject property s zoning designation, the rear yard setback requirement is 10 ft. Due to the size of the property, as well as a 7.5 ft. rear yard easement, the applicant cannot meet the rear yard setback without the structure being too small. While staff did not see any patio structures within 300 ft. of the subject property, the applicant will have a fence that protects viewing into the rear of the property. At the time of this report, staff has yet to receive any calls of opposition. According to the Dallas County Appraisal District (DCAD), the subject property consists of a 3,446 square foot home constructed in The exterior of the home is primarily brick veneer. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review, Building Inspections will ensure that the variance complies with 2015 IBC requirements for a habitable space. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on August 10 th and August 19 th Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on August 9, FINDINGS Pursuant to Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: PAGE 1 of 3 City of Grand Prairie

54 A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: Staff believes such variance will not substantially or permanently injure the appropriate use of the adjacent property. While staff did not see any patio structures within 300 ft. of the subject property, the applicant will have a fence that protects viewing into the rear of the property. At the time of this report, staff has yet to receive any calls of opposition. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the variance will not adversely affect the health, safety or general welfare of the public. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: The variance, if approved, will not authorize the operation of a use other than those uses already allowed in the PD-136 zone district. Staff suggests that the variance is not contrary to the public interest and it will not authorize any currently unauthorized uses in the zone district. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: The granting of this variance will allow the applicant to construct a patio structure (attached to the home) in the rear of the property. Staff suggests that the variance is in harmony with the spirit and purpose of this ordinance. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: Staff suggests that the granting such variance will not alter the essential character of the district. While staff did not see any patio structures within 300 ft. of the subject property, the applicant will have a fence that protects viewing into the rear of the property. At the time of this report, staff has yet to receive any calls of opposition. F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. Staff Evaluation: Staff believes that such variance will not substantially weaken the general purposes of the zoning re regulations established for the district in which the property is located. While staff did not see any patio structures within 300 ft. of the subject property, the applicant will have a fence that protects viewing into the rear of the property. At the time of this report, staff has yet to receive any calls of opposition. PAGE 2 of 3 City of Grand Prairie

55 G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: Due to the size of the property, as well as a rear yard easement (7.5ft.), the applicant cannot meet the rear yard setback without the structure being too small. Staff finds that such variance is not a self-created hardship. H. The variance or exception is not a self-created hardship. Staff Evaluation: Due to the size of the property, as well as a rear yard easement (7.5ft.), the applicant cannot meet the rear yard setback without the structure being too small. Staff finds that such variance is not a self-created hardship. RECOMMENDATION Staff recommends the board grant the applicant s 2.5 ft. rear yard setback variance request to allow a patio structure attached to the home. CONDITIONS If the Zoning Board of Adjustment and Appeals chooses to grant the variance, then staff recommends the following conditions: 1. The variances are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit. 3. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 4. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 3 of 3 City of Grand Prairie

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60 5009 PRIVATE SANDRA WELARA 5115 FINNHORSE CASE LOCATION MAP Case Number: BA Finnhorse Dr City of Grand Prairie Planning and Development (972)

61 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA Finnhorse Dr, platted as Lot 12, Block C, Polo Heights Phase 2 (Council District 6). Consider a setback Variance request to construct a patio structure in the rear of the home. This property is zoned Planned Development-136 (PD-136). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on August 20, 2018, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

62 JOHNSON ADRIAN & DARWIN K JOHNSON II 5111 WELARA DR Parcel Owner Notification Labels - Count: 28 GRAND PRAIRIE I S D PO BOX MARTINEZ JUAN R & 5103 WELARA DR MAHMOOD CHOWDHURY 5104 WELARA DR FLORES EUNICE M & MICHAEL 5103 FINNHORSE DR DISHMAN CAMRI & BRIAN 5104 FINNHORSE DR MALIYLL SANTHAMMA & 5111 CLYDESDALE DR FASANYA TANNEY C & OLUFEMI 5107 CLYDESDALE DR GEORGE MERCYKUTTY & 5120 WELARA DR ROBERSON JERRY & GLORIA 5112 WELARA DR MEDINA FERNANDA R 5115 WELARA DR ARMENTA AURELIO & 5107 WELARA DR NGUYEN HIEN & 5124 FINNHORSE DR RAYA JUAN JOSE 5116 WELARA DR KHA THUY THANH 5107 FINNHORSE DR HOLLINS CEDRIC W 5112 FINNHORSE DR COLEY OWEN & TARIN 5116 FINNHORSE DR GILL LINDA F 5115 FINNHORSE DR MALIYIL SHEELA J & JOSE J 5111 FINNHORSE DR HORTON TWANNYA A & DWIGHT K 5120 FINNHORSE DR OSTOLAZA ANA H 5123 FINNHORSE DR BODWIN GREG & TORI E 5124 WELARA DR SULLIVAN ELIZABETH P 5108 FINNHORSE DR GALLEGOS BRIAN 5119 FINNHORSE DR NGUYEN HUY M & HANG K & 5119 CLYDESDALE DR DAVENPORT ALEX JR & 5115 CLYDESDALE DR LUONG MY TRANG T 5108 WELARA DR NWACHUKWU COLLIN 5103 CLYDESDALE DR Page 1

63 BA SW 6 th St Variance Setback Zoning Board of Adjustments & Appeals: August 20, 2018 Case Manager: Owner/Applicant: Colby Collins Xylo HQ LLC Beta Series SUMMARY 301 SW 6th St, platted as Lot 1, Block 4, EW Dallas (Council District 5). Consider a front yard setback Variance request to construct a proposed townhome development. This property is zoned Multi Family-1 (MF-1). DISCUSSION The applicant is requesting a 10 ft. front yard setback variance to allow construction of a three townhome development. The subject property is currently a vacant lot. The (D)evleopment (R)eview (C)ommittee previously reviewed the applicant s proposed replat for the townhome development. During the review process, staff suggested that the applicant increase the rear setback by 10 ft. to increase the driveway depth, and thus his off-street parking capacity (the applicant is currently showing 13 ft. for the rear setback). While the applicant has agreed to adjust the rear setback of the property, the applicant would still need a variance for the front yard setback (due to adjusting the rear access easement of the property). Per Article 6 of the (U)nified (D)evelopment (C)ode, Single Family-Towhouse (SF-T) requires a 17 ft. front yard setback. Due to adjusting the rear access easement by 10 ft, the applicant will need a 10 ft. front yard setback variance. Staff believes that approval of a variance will not weaken the general purposes of the zoning regulations established for the district. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review, Building Inspections will ensure that the variance complies with 2015 IBC requirements for a habitable space. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on August 10 th and August 19 th Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on August 9, FINDINGS PAGE 1 of 3 City of Grand Prairie

64 Pursuant to Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: Staff believes such variance will not substantially or permanently injure the appropriate use of the adjacent property. The subject property and the adjacent property is already zoned multi-family. The variance will allow the units to move farther away from the existing singlefamily. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the variance will not adversely affect the health, safety or general welfare of the public. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: The variance, if approved, will not authorize the operation of a use other than those uses already allowed in the MF-1 zone district. Staff suggests that the variance is not contrary to the public interest and it will not authorize any currently unauthorized uses in the zone district. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: The granting of this variance will allow the applicant to construct a three townhome development with a front yard setback variance. Staff suggests that the variance is in harmony with the spirit and purpose of this ordinance. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: Staff suggests that the granting such variance will not alter the essential character of the district. The subject property and the adjacent property is already zoned multi-family. The variance will allow the units to move farther away from the existing single-family. F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. Staff Evaluation: Staff believes that such variance will not substantially weaken the general purposes of the zoning re regulations established for the district in which the property is located. Due to the subject property being located within an older neighborhood area, staff noticed that there were some homes that do not currently meeting the setback standards. PAGE 2 of 3 City of Grand Prairie

65 G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: Due to the size of the property, the applicant cannot meet the front yard setback as well as the rear yard setback. The applicant can only meet one of the two setback requirements. Staff finds that such variance is not a self-created hardship. H. The variance or exception is not a self-created hardship. Staff Evaluation: Due to the size of the property, the applicant cannot meet the front yard setback as well as the rear yard setback. The applicant can only meet one of the two setback requirements. Staff finds that such variance is not a self-created hardship. RECOMMENDATION Staff recommends the board grant the applicant s 10 ft. front yard setback variance request to allow newly constructed townhomes. CONDITIONS If the Zoning Board of Adjustment and Appeals chooses to grant the variance, then staff recommends the following conditions: 1. The variances are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit. 3. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 4. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 3 of 3 City of Grand Prairie

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67 6TH DALLAS CASE LOCATION MAP Case Number: BA SW 6th St City of Grand Prairie Planning and Development (972)