BOARD OF ADJUSTMENT PRE-MEETING CITY COUNCIL BRIEFING ROOM 757 North Galloway Avenue July 27, :00 P.M. Discussion of Items on the Regular Agenda

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1 BOARD OF ADJUSTMENT PRE-MEETING CITY COUNCIL BRIEFING ROOM 757 North Galloway Avenue July 27, :00 P.M. Discussion of Items on the Regular Agenda BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 757 North Galloway Avenue July 27, :30 P.M. AGENDA Pursuant to Section of the Texas 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. APPROVAL OF THE MINUTES OF THE MAY 25, 2017, AND THE JUNE 22, 2017, MEETINGS II. PUBLIC HEARINGS UNCONTESTED CASES A. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Metro Patio and Carport, Inc. on behalf of Javier Castillo for a Special Exception to allow a front carport with a flat roof and a metal exterior, located at 3326 Jamaica Way. B. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Juan Tovar for a Special Exception to allow a front carport, located at 3116 Sidney Drive. III. PUBLIC HEARINGS CONTESTED CASES A. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Miguel Carmona for a Special Exception to allow combined patio cover, carport and storage building to exceed the maximum size of 500 square feet by 298 square feet for a total size of 798 square feet, located at 3303 Riverway Court. B. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Phillip Randall, on behalf of Mesquite Friendship Baptist Church for a Special Exception to allow a portable building to be used as a temporary classroom, located at 2036 Hillview Drive. C. BOA VARIANCE Conduct a public hearing to consider an application submitted by Lubula Kanyinda for a Variance to allow a parking space to encroach into the 11-foot parking setback by 3 feet 9 inches, for a total distance of 7 feet 3 inches from the curb line of Motley Drive, located at 3309 N. Town East Boulevard. At the conclusion of business, the Chairman shall adjourn the meeting. 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 Pursuant to Section30.06, 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 Subcapitulo 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 evener 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 Subcapitulo 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. CERTIFICATE I, Garrett Langford, Manager of Planning and Zoning for the City of Mesquite, Texas, hereby certify that the attached agenda for the Board of Adjustment meeting to be held July 27, 2017, was posted on the bulletin boards at the Municipal Center and City Hall on July 21, 2017, by 5:00 p.m. and remained so posted until after the meeting. This notice was likewise posted on the City s website at for a minimum of 72 hours prior to the meeting. Garrett Langford, AICP Manager of Planning and Zoning City of Mesquite, Texas 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, HELD MAY 25, 2017, AT 6:40 P.M., AT CITY HALL, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Absent: Staff: Chairman Sid Agent, Members Fernando Rojas, Alternates Wes McClure, Donna Adams and Marvin Haar Chris Jasper, Michael Hooker Manager of Planning and Zoning Garrett Langford, Planner Lauren Simcic, Planner Johnna Matthews, Plans Examiners Kenny O Quain and Jenny Sue Gleaves, Assistant City Attorney Ileana Fernandez, Translator Konnie Garrido Chairman Sid Agent called the meeting to order and declared a quorum present. I. APPROVAL OF THE MINUTES A motion was made by Mr. Haar and seconded by Ms. Adams to approve the minutes of the April 27, 2017, meeting. The motion passed unanimously. II. PUBLIC HEARINGS UNCONTESTED ITEMS A. Case No SPECIAL EXCEPTIONS Conduct a public hearing to consider an application, submitted by Michael Stout, Mesquite Metal Products, Inc. on behalf of Mike Hildebrandt, for Special Exceptions to allow for the construction of a (1) front carport, with an attached front porch cover and (2) a special exception to allow the front carport and front porch cover to have a flat, metal roof and metal exterior, located at 3632 Edgebrook Drive. B. Case No SPECIAL EXCEPTION Conduct a public hearing to consider an application, submitted by Extra Mile Limo, LLC., for a Special Exception to allow a limo service to occupy 3201 Military Parkway, Suite C Garrett Langford, Manager of Planning and Zoning, presented Staff s recommendation on the uncontested items. Chairman Agent opened the public hearing for the uncontested items. No one appeared. Mr. Agent closed the public hearing. A motion was made by Mr. McClure that the Board approve Staff s recommendation and grant the requests on the Uncontested Agenda, because the applications met all applicable standards. The motion was seconded by Mr. Rojas. PUBLIC HEARINGS CONTESTED CASES A. Case No SPECIAL EXCEPTION (BOA ) Conduct a public hearing to consider an application, submitted by Julio Cesar Olmedo Hernadez for a Special Exception to allow a front carport that encroaches 2 feet and 6 inches into the 30- foot front building line, located at 1812 Spring Lake Drive. B. Case No VARIANCE (BOA ) Conduct a public hearing to consider an application, submitted by Fernando Montoya for a Variance to allow an accessory structure (storage shed) to encroach 2 feet into the required 5-foot side yard setback, located at 804 Coolwood Drive. Johnna Matthews, Planner, briefed the Board on the request. Chairman Agent opened the public hearing. Laura Lewis, 1611 Roundrock Trail spoke in favor of the request. Pedro Martinez, 800 Coolwood Drive spoke in favor of the request. No one else appeared to speak. Mr. Agent closed the public hearing. Mr. Haar moved that the Board of Adjustment, in Case No. 3917, on application of Fernando Montoya, DENY without prejudice the variance requested by this applicant, because their evaluation of the property and the testimony shows that granting the application will be contrary to the public interest and no special conditions and circumstances exist which are peculiar to the land or improvements; and/or a literal interpretation of the provisions of the ordinance would not result in unnecessary hardship to the owner of the property; and/or the special conditions and circumstances are self-imposed. Ms. Adams seconded the motion and it passed unanimously.

4 Board of Adjustment Minutes Page 2 of 3 C. Case No VARIANCE (BOA ) Conduct a public hearing to consider an application, submitted by Donald Pettengill for a Variance to allow a minor building to encroach 2 feet, 6 inches into the required 3-foot side yard setback, located at 2507 Cumberland Drive. Lauren Simcic, Planner, briefed the Board on the request. Chairman Agent opened the public hearing. Donald Pettengill, 2507 Cumberland Drive, appeared in favor of the request and answer questions regarding building placement and screening of the building. No one else appeared to speak. Chairman Agent closed the public hearing. The Board discussed the case and the need for additional information on the exact placement of the minor building and the applicant s proposed screening of the minor building. Ms. Adams moved that the Board of Adjustment in Case No hold this matter under advisement until the June 22, 2017, Board of Adjustment meeting. Mr. Haar seconded the motion and it passed unanimously. D. Case No VARIANCE Conduct a public hearing to consider an application, submitted by Hector Guzman for a Variance to allow a single family home to encroach approximately 4 feet, 5 inches into the required 30-foot front yard building line, located at 530 Saffron Circle. Johnna Matthews, Planner, briefed the Board on the request. Chairman Agent opened the public hearing. The applicant, Hector Guzman, appeared in favor of the request and answered questions through the translator Konnie Garrido regarding placement of the porch cover, scope of work, and the location of the previous building. No one else appeared to speak. Chairman Agent closed the public hearing. Mr. Rojas moved that the Board of Adjustment, in Case No. 3919, on application of Hector Guzman, for property located at 530 Saffron Circle, GRANT the request for a Variance to allow a home addition to encroach 4 feet and 5 inches into the required 30-foot front yard building line because their evaluation of the property and the testimony shows that this variance will not be contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and that granting the variance will ensure that the spirit of the ordinance is observed and substantial justice is done. The Board further finds that special conditions and circumstances exist which are peculiar to the land or improvements and which are not applicable to other lands or improvements in the same district; a literal interpretation of the provisions of the ordinance would result in unnecessary hardship to the owner of the property; and the special circumstances are not self-imposed. Mr. Harr seconded the motion and it passed unanimously. E. Case No SPECIAL EXCEPTIONS (BOA ) Conduct a public hearing to consider an application, submitted by Jose Pacheco, for special exceptions (1) to allow an oversize accessory structure to exceed the maximum size of 500 square feet by 155 square feet for a total size of 655 square feet, and (2) to allow the accessory structure to be used an accessory dwelling unit, located 3729 Sidney Drive. Garrett Langford, Manager of Planning and Zoning briefed the Board on the request. Chairman Agent opened the public hearing. Bryan Odom, 1331 Buena Vista spoke in opposition of the request. No one else appeared to speak. Chairman Agent closed the public hearing. Mr. McClure moved that the Board of Adjustment, in Case No. 3923, on application of Jose Pacheco, DENY the special exception to allow an oversized accessory structure as requested by this applicant with prejudice, because their evaluation of the property and the testimony shows that granting the application would create adverse impacts on adjacent properties and would not

5 Board of Adjustment Minutes Page 3 of 3 be compatible with the surrounding neighborhood. Mr. Haar seconded the motion and it passed unanimously. Mr. Rojas moved that the Board of Adjustment, in Case No. 3923, on application of Jose Pacheco, GRANT the special exception to allow an accessory dwelling unit as a special exception to the requirements of the Mesquite Zoning Ordinance, because their evaluation of the property and testimony shows that this special exception will allow greater use and enjoyment of the property wihtout creating adverse impacts on adjacent properties and that they will be compatible with the surounding neighborhood. I further move that the following conditions be imposed to further the purpose and intent of the Mesquite Zoning Ordiance: 1. The accessory dwelling unit shall not be rented and or utilized as a separate principal dwelling unit. 2. Provide four off-street parking spaces on the subject property. Ms. Adams seconded the motion. The motion failed on a vote 1-4 with Mr. Agent, Mr. Haar, Mr. McClure and Ms. Adams dissenting. Mr. Haar moved that the Board of Adjustment, in Case No. 3923, on application of Jose Pacheco, DENY the special exception to allow an accessory dwelling unit as requested by this applicant without prejudice, because their evaluation of the property and the testimony shows that granting the application would create adverse impacts on adjacent properties and would not be compatible with the surrounding neighborhood. Mr. McClure seconded the motion and it passed on a 4-1 vote with Mr. Rojas dissenting. F. Case No SIGN VARIANCE (BOA ) Conduct a public hearing to consider an application, submitted by Wal-Mart Real Estate Business Trust, for a sign variance to allow the combined square footage of the wall signs to exceed the maximum allowed square footage by 420 square feet for a total of 808 square feet of wall signs, located at 1951 Military Parkway. Garrett Langford, Manager of Planning and Zoning briefed the Board on the request. Chairman Agent opened the public hearing. Representing the applicant, Doug Plummer with RHA Architect, appeared to present the request. Mr. Plummer stated that the applicant will not include the Spanish lettering and is only requesting to be allowed install a supergraphic wall sign. No one else appeared to speak. Chairman Agent closed the public hearing. Mr. McClure moved that the Board of Adjustment, in Case No. 3922, on application of Fernando Montoya, DENY without prejudice the variance requested by this applicant, because their evaluation of the property and the testimony shows that granting the application will be contrary to the public interest and no special conditions and circumstances exist which are peculiar to the land or improvements; and/or a literal interpretation of the provisions of the ordinance would not result in unnecessary hardship to the owner of the property; and/or the special conditions and circumstances are self-imposed. Mr. Rojas seconded the motion and it passed unanimously. There being no further business for the Board, Chairman Agent adjourned the meeting at 8:27 p.m. Sid Agent, Chairman The Board considered all testimony including the Staff report, applicant s presentation, public hearing, and discussions in the decision for each case.

6 MINUTES OF THE CITY OF MESQUITE BOARD OF ADJUSTMENT, HELD JUNE 22, 2017, AT 6:30 P.M., AT CITY HALL, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Staff: Chairman Sid Agent, Members Fernando Rojas, Chris Jasper, Michael Hooker Marvin Haar Alternates Wes McClure, Donna Adams and Bryan Odom (alternates were present but were not seated) Manager of Planning and Zoning Garrett Langford, Planner Lauren Simcic, Planner Johnna Matthews, Devanee Winn Sr. Administrator Secretary, Assistant City Attorney Cindy Steiner, Plans Examiners Kenny O Quain and Jenny Sue Gleaves Chairman Sid Agent called the meeting to order and declared a quorum present. I. APPROVAL OF THE MINUTES OF THE MAY 25, 2017, MEETING Minutes were not acted on by the Board. II. PUBLIC HEARINGS A. Case No SPECIAL EXCEPTION (BOA ) Conduct a public hearing to consider an application, submitted by Julio Cesar Olmedo Hernadez for a Special Exception to allow a front porch cover that encroaches 2 feet and 6 inches into the 30-foot front building line, located at 1812 Spring Lake Drive. Lauren Simcic, Planner, briefed the Board on the request. Chairman Agent opened the public hearing. No one appeared to speak. Chairman Agent closed the public hearing Mr. Fernando Rojas moved that the Board of Adjustment in Case No. 3916, on application of Julio Cesar Olmedo Hernandez for property located at 1812 Spring Lake Drive, GRANT the request to allow a front porch cover that encroaches 2 feet and 6 inches into the 30-foot front building line as a special exception to the requirements of Mesquite Zoning Ordinance, because their evaluation of the property and the testimony showed that this special exception will allow greater use and enjoyement of the property wihout creating adverse imapcts on adjacent properties and that it will be compatible with the surrounding neighborhood. The motion was seconded by Mr. Jasper and it passed unanimously. B. Case No VARIANCE (BOA ) Conduct a public hearing to consider an application, submitted by Donald Pettengill for a Variance to allow a minor building to encroach 2 feet, 6 inches into the required 3-foot side yard setback, located at 2507 Cumberland Drive. This item is a continuation from the May 25, 2017, Board of Adjustment meeting. Lauren Simcic, Planner, briefed the Board on the request and the changes made by the applicant since the May 25, 2017, Board of Adjustment meeting. The applicant has provided a detailed site plan showing the exact location of the storage building and the proposed landscaping to provide screening. Chairman Agent opened the public hearing. The applicant, Mr. Pettengill spoke and stated what he intends to do with the building. The Applicant answered the Board questions. Mrs. Pettengill spoke in favor of the building placement. No one else appeared to speak. Chairman Agent closed the public hearing. The board discussed the case. It was noted that the minor storage building would be allowed by right if the rear yard was screened by a solid fence. It was further stated that the topography of the rear yard would make it diffcult to install a solid fence around the yard and to provide a gate across the rear driveway. Mr. Hooker moved that the Board of Adjustment, in Case No. 3918, on application of Donald Pettengill, for property located at 2507 Cumberland Drive, GRANT the request for a variance to allow a minor building to encroach 2 feet and 6 inches into the 3-foot interior side yard setback because their evaluation of the property and the testimony showed that this variance will not be contrary to the public interest and, due to special conditions, a literal

7 Board of Adjustment Minutes Page 2 of 3 enforcement of the ordinance would result in unnecessary hardship, and that granting the variance will ensure that the spirit of the ordinance is observed and substantial justice is done. The Board further finds that special conditions and circumstances exist which are peculiar to the land or improvements and which are not applicable to other lands or improvements in the same district; a literal interpretation of the provisions of the ordinance would result in unnecessary hardship to the owner of the property; and the special conditions and circumstances are not self-imposed. The special conditions on the property is that it would not be feasible to install a wooden fence around the rear yard due to topography of the property. Mr. Hooker further moved to imposed a condition to further the purpose and intent of the Mesquite Zoning Ordinance that landscape screening be provided on the front and back side of the storage building. Mr. Haar seconded the motion and it passed four to one with Mr. Jasper dissenting. C. BOA VARIANCE Conduct a public hearing to consider an application, submitted by Efrain Parra for a Variance to allow two storage sheds to encroach 1.5 feet into the required 5-foot interior side yard setback, located at 2320 Sybil Drive. Johnna Matthews, Planner, briefed the Board on the variance request. Chairman Agent opened up the public hearing. Efrain Parra, applicant, came forward and spoke in favor of keeping his two storage sheds in place. The applicant was asked by the Board if the sheds could be moved to be in compliance. The applicant said the larger shed was on skids and the other one was on a concrete slab. No one else appeared to speak. Chairman Agent closed the public hearing. The Board of Adjustment discussed the case and the variance criteria. Mr. Rojas moved that the Board of Adjustment, in Case No. BOA , on application of Efrain Parra, for property located at 2320 Sybil Drive, GRANT a variance to allow two storage sheds to encroach 1.5 feet into the required 5-foot interior side yard setback because their evaluation of the property and the testimony showed that this variance will not be contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and that granting the variance will ensure that the spirit of the ordinance is observed and substantial justice is done. The Board further finds that special conditions and circumstances exist which are peculiar to the land or improvements and which are not applicable to other lands or improvements in the same district; a literal interpretation of the provisions of the ordinance would result in unnecessary hardship to the owner of the property; and the special conditions and circumstances are not selfimposed. Mr. Haar seconded. The motion failed by a vote of 2-3 and therefore the variance has been denied. Mr. Rojas and Mr. Agent voted favor of the motion while Mr. Jasper, Mr. Haar and Mr. Hooker voted in oppostion. D. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application, submitted by Rene Del Rosa for a Special Exception to allow a storage building to exceed the height of the principal structure, located at 3062 Mason Drive Drive. Johnna Matthews, Planner, briefed the Board on the Special Exception request. Chairman Agent opened up the public hearing. The Applicant Rene Del Rosa spoke to the Board and stated that because the way his backyards slopes, it makes the structure look like it is taller than the principal structure. No one else appeared to speak. Chairman closed the public hearing. Mr. Jasper moved that the Board of Adjustment, in Case No. BOA , on application of Rene Dela Rosa for property located at 3062 Mason Drive, GRANT the request to allow an accessory structure to exceed the height of the primary structure as a special exception to the requirements of the Mesquite Zoning Ordinance, because their evaluation of the property and the testimony showed that this special exception will allow greater use and enjoyement of the property

8 Board of Adjustment Minutes Page 3 of 3 without creating adverse impacts on adjacent properies and that they will be compatible with the sourrounding neighborhood. Mr. Hooker seconded the motion and it was approved unanimously. There being no further business for the Board, Chairman Agent adjourned the meeting at 7:53 p.m. Sid Agent, Chairman The Board considered all testimony including the Staff report, applicant s presentation, public hearing, and discussions in the decision for each case.

9 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report Case Number: Applicant: Property Owner: Address: Request: Background: Zoning: Lot size: BOA Metro Patio and Carport Javier Castillo 3326 Jamaica Way Special Exceptions (1) to allow a front carport and (2) to allow the front carport to have a flat, metal roof and metal exterior. The applicant is requesting a special exception for the construction of a 20-foot long x 20-foot wide, 8 feet in height front carport, and a special exception to allow the front carport to have a flat, metal roof, and metal exterior with a painted, baked enamel finish to match the home. The proposed carport will be attached to the roof of the house and will be positioned over the existing driveway. According to the plans submitted by the applicant, the carport will be approximately 12 feet from the front property line and will not encroach into the 5-foot side yard setback. R-3, Single-Family Residential 8,758 sq ft Surrounding uses: The subject property is surrounded by single family homes zoned R- 3, Single Family Residential, on all sides. SPECIAL EXCEPTION-CARPORT Applicable Ordinance: 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: a) Whether the front carport would afford the only opportunity to provide covered parking on the lot; b) Whether the lot has paved alley access such that rear parking is available as an alternative to a front carport; 1

10 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report c) Whether parking behind the building line was not required at the time of construction; and d) Whether the dwelling was originally built with either a onecar garage or no garage. Staff Comment: The subject property is zoned R-3. The proposed front carport will provide the only opportunity for covered parking on the lot. Additionally, there are multiple front carports on Jamaica Way, and within the neighborhood in general. A paved alley is not located behind the house and the proposed carport would provide the only opportunity for covered parking on the subject property. According to Dallas County Appraisal District records, the home was constructed in Parking behind the building line was not required at that time. The house was built with a garage but it has since been converted into living space. The proposed carport meets the requirements of Section B1 of the Mesquite Zoning Ordinance, listed above. 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 1958 and the home was constructed in 1960, making the requested front carport eligible under Section 2-604B.2 for a flat roof with a metal exterior, with an attached front porch cover. Additionally, there are multiple metal front carports with flat, metal roofs on Jamaica Way, and within the neighborhood general. Below is a list of some of surrounding existing carports: 3322 Jamaica Way 1995 Board approval 3335 Jamaica Way No Board approval 3358 Jamaica Way 1975 Board approval 2

11 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report 3311 Jamaica Way No Board approval 3306 Jamaica Way No Board approval Staff Recommendation: Staff recommends approval of Special Exceptions to allow a front carport with a flat roof and a metal exterior. Permits: Public Notice: Attachments: 2012 Storage building 2016 Fence Notices were mailed to property owners within 200 feet of the subject property. No community responses form have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Pictures 4 Application with Sketch 3

12 ATTACHMENT 1: AERIAL MAP 4

13 ATTACHMENT 2: PUBLIC NOTIFICATION MAP 5

14 ATTACHMENT 3: SITE PICTURES 3326 Jamaica Way (carport will be placed over the driveway) 7

15 ATTACHMENT4: APPLICATION 7

16 ATTACHMENT4: APPLICATION 8

17 ATTACHMENT4: APPLICATION 9

18 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report Case Number: Applicant: Property Owner: Address: Request: Background: Zoning: Lot size: Surrounding uses: BOA Juan Tovar Juan Tovar 3116 Sidney Drive Special Exception to allow a front carport. The applicant is requesting a special exception for the construction of a 20-foot long x 20-foot wide, 8 feet in height front carport. The applicant is rebuilding the roof of house and is proposing to a front carport that will have a pitched, shingled roof integrated into the roof of the house and will be positioned over the existing driveway and will not encroach into the 5-foot side yard setback. R-3, Single-Family Residential 8,634 sq ft The subject property is surrounded by typical single family lots on three sides (zoned R-3) and a church to the east (zoned NGTC). SPECIAL EXCEPTION-CARPORT Applicable Ordinance: 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: a) Whether the front carport would afford the only opportunity to provide covered parking on the lot; b) Whether the lot has paved alley access such that rear parking is available as an alternative to a front carport; c) Whether parking behind the building line was not required at the time of construction; and d) Whether the dwelling was originally built with either a onecar garage or no garage. 1

19 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report Staff Comment: At the time of construction of the home (1959), parking for two cars behind the building line was not required. The house was built with a garage but it has since been converted into living space. A paved alley is not located behind the house. The proposed carport would provide the only opportunity for covered parking on the subject property. There is a small number of carports in the neighborhood and the proposed carport would not be out of place Sidney Drive 2003 Board approval 3120 Sidney Drive no Board approval 3201 Moon Drive 1995 Board approval 3216 Moon Drive 2008 Board approval Staff Recommendation: Staff recommends approval of Special Exception to allow a front carport. Permits: Public Notice: Attachments: 1988 concrete permit 2009 Storage building 2017 Re-Roofing Notices were mailed to property owners within 200 feet of the subject property. One community response form has been returned in favor of the request. 1 Aerial Map 2 Public Notification Map 3 Site Pictures 4 Application with Sketch 5 Public Response 2

20 ATTACHMENT 1: AERIAL MAP 3

21 ATTACHMENT 2: PUBLIC NOTIFICATION MAP 4

22 ATTACHMENT 3: SITE PICTURES 3116 Sidney Drive 7

23 ATTACHMENT 4: APPLICATION 6

24 ATTACHMENT4: APPLICATION 7

25 ATTACHMENT 4: APPLICATION 8

26 ATTACHMENT 4: APPLICATION 9

27 ATTACHMENT 5: PUBLIC RESPONSE 7

28 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report Case Number: Applicant: Property Owner: Address: Request: Background: 3927 (EnerGov case no. BOA ) Miguel Carmona Eloisa Garcia 3303 Riverway Court Special Exception to allow a combined rear patio cover, carport and storage building to exceed the maximum size of 500 square feet by 298 square feet for a total size of 798 square feet The applicant intends to construct a carport in the backyard to connect an existing rear patio cover to an existing storage building. The structures represented 3 different uses, but because their roofs are connected, Staff is treating them as 1 oversize accessory structure. Vehicles are able to access the backyard via an alley, and the home contains a large garage. The applicant communicated the dimensions and materials of the three structures through a sketch and verbal explanation over telephone. The structures are constructed of the following materials: Patio cover wood with a flat metal roof Proposed carport wood with a pitched shingled roof Storage building brick with a pitched shingled roof A City building inspector provided minor corrections to the applicant s measurements. The dimensions of the structures are as follows: Patio cover 26 long, 14 wide, 9 6 high, 364 square feet area Carport 18 long, 14 wide, 9 to 9 6 high at eave, 11 high at peak, 252 square feet area Storage 13 long, 14 wide, 9 high at eave, 11 high at peak, 182 square feet area Entire proposed structure 798 square feet area The carport might be expected to appear uneven because the patio cover is 6 inches taller than the storage building s eave. This issue is expected to be avoided due to a downward slope toward the rear of the lot. The backyard is screened from adjacent properties and streets by a solid wood fence and large shade trees

29 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report Zoning: PD SF, Planned Development Single Family (Ord. 3160) Lot size: Surrounding uses: Applicable Ordinance: 8,495 square feet The subject property is surrounded on all sides by single family homes on lots of similar size. SPECIAL EXCEPTION Mesquite Zoning Ordinance Section 2-604: Criteria for Review The Board of Adjustment may authorize the following Special Exceptions where it determines that the exception will allow greater use and enjoyment of property without creating adverse impacts on adjacent properties and that it will be compatible with the surrounding neighborhood. 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 Special Exception is expected to provide increased enjoyment of the property by allowing for covered parking for several vehicles. However, the home already contains a 2-to-3-car garage, which could provide similar enjoyment. No adverse impacts on neighboring properties are anticipated. No other addresses on the subject property block have received approval for an oversize accessory structure by the Board. No property abutting the rear alley between Riverway Court and Aqueduct Court has received approval for an oversize accessory structure. For these reasons, Staff concludes that the proposed patio cover/ carport/ storage building is incompatible with the neighborhood. Staff Recommendation: Permits: Staff recommends denial of the request for a Special Exception to allow an oversize accessory structure construction of home 2001 patio cover

30 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report 2001 storage building foot wood fence 2006 swimming pool (failed to install) Public Notice: Attachments: Notices were mailed to property owners within 200 feet of the subject property. As of July 19, 2017, no community response forms have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Pictures 4 Application with Sketch

31 ATTACHMENT 1: AERIAL MAP

32 ATTACHMENT 2: PUBLIC NOTIFICATION MAP

33 ATTACHMENT 3: SITE PHOTOS Image 1: Street view of subject property Image 2: Exterior side of subject property, viewed from Clear Creek Drive

34 ATTACHMENT 3: SITE PHOTOS Image 3: Visibility of existing accessory structures from Clear Creek Drive Image 4: Rear yard of subject property, viewed from alley

35 ATTACHMENT 4: APPLICATION WITH SKETCH

36 ATTACHMENT 4: APPLICATION WITH SKETCH

37 ATTACHMENT 4: APPLICATION WITH SKETCH

38 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report Case Number: Applicant: Property Owner: Address: Request: Background: BOA Phillip Randall Mesquite Friendship Baptist Church 2036 Hillview Dr. A Special Exception to allow a portable building to be used as a temporary classroom. The applicant is seeking approval of a Special Exception to allow an approximately 1,536 square foot portable building to be used by Mesquite Friendship Christian Academy as a temporary classroom. Additional classroom space is needed in order to alleviate over crowdedness due to growth that the school has experienced. The school currently has 3 classrooms totaling approximately 1,288 square feet combined. As shown on the site plan, the portable building will be located on the east side of the existing building, approximately 37 feet, 11 inches from the front property line and will be attached by a canopy. Although not required, 5 gallon dwarf Buford Hollys; a type of hedge shrub, will be planted along the front and east sides of the structure. Mesquite Friendship Christian Academy is a private school and a ministry of Mesquite Friendship Baptist Church. Mesquite Friendship Christian Academy directly abuts the church property on its westerly most property line. Mesquite Friendship Christian Academy has been in operation since 2014 and serves kindergarten through high school students. According to the applicant, in 2014 the school enrollment included 20 students; 26 students in 2015; and ended the 2017 school year with 31 students. The projected enrollment for the school year is 40 students. Mesquite Friendship Baptist Church owns the property that the church and the school are located on, as well as the undeveloped lot to the west of the school and the 3 undeveloped lots east of the school fronting on U.S. Highway 80 Frontage Road. According to the applicant, discussions have been had regarding expansion of the school with officials of the school and the church; and prior to the expiration of the use of the temporary structure, if approved, officials will have a better grasp of future expansion goals and timelines. Zoning: THN, Truman Heights Neighborhood District BOA

39 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report The property is subject to the requirements of the Truman Heights Revitalization Code. The proposed temporary structure shall conform to the following requirements for outbuildings: Front Yard Setback: 24 ft. min. + building setback (30 feet in this instance) Side Yard Setback: 0 ft. min. or 3 ft. Rear Yard: 3 ft. Building Height: 2 stories max. Lot Size: Surrounding Uses: 12, 577 sq. ft. (0.289 acres) The subject property is bordered by Mesquite Friendship Baptist Church to the south; an undeveloped lot to the west owned by Mesquite Friendship Baptist Church; three undeveloped lots to the east, also owned by Mesquite Friendship Baptist Church; and a single family home as well as a vacant commercial building northwest of the site. SPECIAL EXCEPTION Applicable Ordinance: Mesquite Zoning Ordinance Section A Temporary Classrooms To allow the use of temporary classroom buildings by churches, private schools, boy/girl scouts and similar organizations: Approval shall be for no more than a 3 year period, provided that the Board may specify conditions under which the approval period may be extended. Such temporary buildings shall be considered compatible if the following criteria are met. Public schools shall not require approval of a Special Exception for the use of temporary classroom buildings. 1. Permanent Site: Buildings are to be located on a permanent site with a valid Certificate of Occupancy. 2. Proposed Construction: There is a proposed schedule of construction/expansion of permanent facilities which will eliminate the need for the long term use of the temporary buildings. 3. Alternate Space: There is no reasonable alternatives for providing needed space in a functional manner. 4. Site Adequacy: Parking, circulation, electrical and utility connections, drainage, fire protection and all other health and safety considerations can be accommodated and provided for with the addition of temporary buildings in an orderly and safe manner. BOA

40 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report 5. Adjacent Properties: The placement of the temporary buildings on the site will comply with all setback requirements. Staff Comment: No increase in traffic or parking demand is foreseen with approval of the request. Adjacent properties to the east, west and south are currently owned by the owner of the subject property. It is anticipated that there will be little to no impact on adjacent properties as a result of approval of the request. Staff Recommendation: Permits: Public Notice: Attachments: Staff recommends approval of the Special Exception to allow an approximately 1,536 square foot portable building to be used as a temporary classroom on the subject property for a period of 3 years Remodel Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, 1 notice was returned in opposition to the request. 1 Aerial Map 2 Public Notification Map 3 Site Pictures 4 Application with Sketch BOA

41 ATTACHMENT 1: AERIAL MAP BOA

42 ATTACHMENT 2: NOTIFICATION MAP BOA

43 ATTACHMENT 3: SITE PHOTOS Photo of front view of Mesquite Christian Academy taken on Hillview Dr. Rear yard of the subject property. BOA

44 Photo taken in the rear yard of the subject property looking at adjacent properties to the west. Photo taken looking at adjacent properties to the east. BOA

45 Photo looking at the vacant commercial building to the north. Photo taken looking a single family home to the north. BOA

46 ATTACHMENT 4: APPLICATION W/ SKETCH BOA

47 BOA

48 BOA

49 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report Case Number: Applicant: Property Owner: Address: Request: Background: 3931 (EnerGov case no. BOA ) Lubula Kanyinda I. S. Fonville et al N. Town East Blvd. A Variance to allow a parking space to encroach into the 11-foot parking setback by 3 feet 9 inches, for a total distance of 7 feet 3 inches from the curb line of Motley Drive In the past, this site has been occupied by a service station, corner store, and auto repair. The site is currently unoccupied and has fallen into disrepair. A site plan has been proposed (not yet approved) at this address for Motley C-Store, a combined service station and corner store. Most parking on the site would be provided by parallel parking spaces near the outer edges of the lot. There is little to no space for parking at the center of the lot, as it is occupied by fuel pumps and drive aisles. The Motley C-Store site plan shows a proposed 2,100- square-foot convenience store. Required parking for this use is 8.4 spaces, which may be rounded up to 9. Additional parking may be required for use as a service station. 11 parking spaces and 1 loading space are proposed on this site plan. Among these spaces, 2 parking spaces and 1 loading space would be situated parallel to Motley Drive. Section of the Mesquite Zoning Ordinance contains parking regulations for nonresidential uses, and it requires that every space shall be at least 11 feet from the curb line of a public or private street. The parking and loading spaces along Motley Drive would be situated 7 feet 3 inches from the curb, necessitating this request for a Variance. Visibility triangles shown on the site plan confirm that the vehicles parked in these spaces would not obstruct the vision of motorists on Motley Dr. Zoning: Lot size: SS, Service Station 22,608 square feet

50 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report Surrounding uses: Applicable Ordinance: Land abutting the subject property and across N. Town East Blvd. and Motley Dr. is zoned General Retail (GR) and Planned Development GR. A variety of commercial uses exist nearby, including a wireless network carrier, nail salon, an auto repair establishment, and a restaurant. A parcel directly southwest of the subject property contains a vacant building, formerly a Pizza Inn. VARIANCE Mesquite Zoning Ordinance Section B: Criteria for Variances Variances from the terms of this ordinance which will not be contrary to the public interest may be granted where, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, so that the spirit of the ordinance is observed and substantial justice is done. The Board shall consider whether: 1. Special conditions and circumstances exist which are peculiar to the land or improvements thereto and which are not applicable to other lands or improvements thereto in the same district. Staff Comment: The relatively small size of the lot, combined with the existing position of the fueling canopy columns, may be viewed as a special condition that impedes development of the property according to the City s parking setback standard. 2. Literal interpretation of the provisions of the ordinance would result in unnecessary hardship to the owner of the property. Staff Comment: If the 11-foot parking setback were imposed, the applicant would be forced to alter the site plan, either by removing the parking and loading spaces parallel to Motley Drive, or by reducing the drive aisle width below 24 feet. The Zoning Ordinance requires that drive aisles be at least 24 feet wide, unless narrower aisles are approved Staff. Staff is not inclined to approve narrower drive aisles for this site, as some heavy trucks and Fire Department vehicles are expected to move through the property. If the 3 spaces were removed, the site plan would very narrowly meet the required parking count for convenience store use, and a loading space that is needed for unloading merchandise would be eliminated

51 City of Mesquite BOARD OF ADJUSTMENT July 27, 2017 Staff Report 3. The special conditions and circumstances are not self-imposed, i.e. do not result from the actions of the applicant or owner. Staff Comment: The special conditions are not self-imposed. The applicant has not influenced the size of the lot nor the position of the fueling canopy. Staff Recommendation: Permits: Public Notice: Attachments: Staff recommends approval of the request for a Variance to the parking space setback with the following condition: 1. All alterations to the site shall comply with the site plan upon approval pole signs 1997 car wash indoor upgrades 2005 electrical repair Notices were mailed to property owners within 200 feet of the subject property. As of June 19, 2017, no community response forms have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Photos 4 BOA Application Materials 5 Motley C-Store site plan last revised June 21,

52 ATTACHMENT 1: AERIAL MAP

53 ATTACHMENT 2: NOTIFICATION MAP

54 ATTACHMENT 4: APPLICATION MATERIALS Image 1: Front of subject property, taken from N. Town East Blvd. Image 2: Existing curb along Motley Dr

55 ATTACHMENT 4: APPLICATION MATERIALS

56 ATTACHMENT 4: APPLICATION MATERIALS

57 ATTACHMENT 4: APPLICATION MATERIALS

58 ATTACHMENT 4: APPLICATION MATERIALS

59 ATTACHMENT 5: SITE PLAN IN REVIEW