BOARD OF ADJUSTMENT PRE-MEETING CITY COUNCIL BRIEFING ROOM 757 North Galloway Avenue June 28, :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 June 28, :00 P.M. Discussion of Items on the Regular Agenda BOARD OF ADJUSTMENT REGULAR MEETING CITY COUNCIL CHAMBERS 757 North Galloway Avenue June 28, :30 P.M. AGENDA Pursuant to Section of the Texas Local Government Code, the Board of Adjustment may meet in a closed executive session to consult with the City Attorney regarding matters authorized by Section , including matters posted on this agenda. I. BOARD BUSINESS A. Approval of the Minutes of the May 24, 2018 Meeting II. PUBLIC HEARINGS- UNCONTESTED CASES The Board may place cases which are recommended for approval without opposition on an uncontested docket. When the Board Chair calls the uncontested docket, he shall state the case number, the applicant, the location, the nature of the case and the staff recommendation, and shall ask if there is any opposition. A case on the uncontested docket must be considered individually as a regular docket item if there is any opposition or a Board member so requests. Any cases remaining on the uncontested docket shall be approved as a group without the need for testimony from the applicants. A. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Isidoro Lopez for a Special Exception to allow a front carport including approximately 324 square feet, located at 1616 Springbrook Dr. B. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Taylor Richard, Acadian Ambulance, for a Special Exception to allow an ambulance service; Acadian Ambulance, located at 208 W. Kearney St., Suite 106. C. BOA SPECIAL EXCEPTIONS Conduct a public hearing to consider an application submitted by Esteban Maldonado for Special Exceptions (1) to allow an accesspry dwelling unit in the rear yard and (2) to allow the accessory dwelling unit to exceed the maximum size of 500 square feet by square feet, for a total of square feet; defined as an oversized accessory structure, located at 503 Willowbook Dr. 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 D. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Wayne Morris for a Special Exception to allow a front carport including approximately 240 square feet located at 2805 Blue Ridge Dr. E. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Alberto Santos for a Special Exception to allow a front carport including approximately 324 square feet, located at 4542 San Marcus Ave. III. PUBLIC HEARINGS- CONTESTED CASES A. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Angelica Garcia for a Special Exception to allow an oversized accessory structure (garage) in the rear yard including approximately 884 square feet, located at 2125 Catskill Dr. This item was tabled at the May 24, 2018 BOA meeting. B. BOA SPECIAL EXCEPTION AND VARIANCE Conduct a public hearing to consider an application submitted by Clayton Tanner for (1) a Special Exception to reduce the minimum dwelling size of a single family home from 2,500 square feet to 2,351 square feet and (2) a Variance to reduce the residential exterior masonry requirement from 90% to 0%, located at 9655 FM Road 740. IV. OTHER BUSINESS A. Briefing on the regulations and process for amortization of nonconforming uses. At the conclusion of business, the Chairman shall adjourn the meeting. Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Conforme a la Sección del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Conforme a la Secció30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista. Page 2 of 2 City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary s office at (972) or

3 MINUTES OF THE CITY OF MESQUITE BOARD OF ADJUSTMENT, HELD MAY 24, AT 6:30 P.M., AT CITY HALL, 757 NORTH GALLOWAY AVENUE, MESQUITE, TEXAS Present: Chairman Chris Jasper, Vice Chairman Michael Hooker, Fernando Rojas, Wes McClure, Bryan Odom and Alternate George Rice Absent: Staff: Manager of Planning and Zoning Garrett Langford, Principal Planner Johnna Matthews, Planner Hannah Carrasco, Assistant City Attorney Ileana Fernandez, Plans Examiner Kenneth O Quain, Senior Administrator Secretary Devanee Winn Chairman Chris Jasper called the meeting to order and declared a quorum present. I. BOARD BUSINESS A. Approval of the Minutes of the April 26, 2018 Meeting A motion was made by Mr. Bryan Odom to approve the minutes. Mr. Wes McClure seconded. The motion passed unanimously. II. PUBLIC HEARINGS UNCONTESTED CASES The Board may place cases which are recommended for approval without opposition on an uncontested docket. When the Board Chair calls the uncontested docket, he shall state the case number, the applicant, the location, the nature of the case and the staff recommendation, and shall ask if there is any opposition. A case on the uncontested docket must be considered individually as a regular docket item if there is any opposition or a Board member so requests. Any cases remaining on the uncontested docket shall be approved as a group without the need for testimony from the applicants. A. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Aide Gonzalez, for a Special Exception to allow a front carport including approxsimately 400 square feet, located at 2527 Emerald Dr. Please see minutes below. B. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Francisco Castillo, for a Special Exception to reduce the minimum dwelling size (living space) of a single family home, from 1,500 square feet to 1,335 square feet, located at 4129 Sherwood Dr. Principal Planner Johnna Matthews briefed the Board for BOA and BOA Chairman Jasper opened for Staff questions. There were no questions for Staff. Chairman Jasper opened for anyone to come up and speak in opposition of the two cases. No one came up to speak. A motion was made by Mr. Fernando Rojas to grant both BOA and BOA Vice Chair Michael Hooker seconded. The motion passed unanimously.

4 Board of Adjustment Minutes Page 2 of 3 III. PUBLIC HEARINGS- CONTESTED CASES A. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Morayma Portillo, for a Special Exception to allow an oversized accessory structure in the rear yard including approximately 1,250 square feet, located at 734 Oak Dr. Planner Hannah Carrasco briefed the Board. Chairman Jasper opened for Staff questions. Mr. Rojas asked how far the structure will be from thhe house. Ms. Carrasco answered the required distance is 5 ft. and has been met. Chairman Jasper opened for Applicant to come up and speak. Representing the Applicant Carlos Martinez came up to speak with the Interpreter Estabon A. Gonnet. Chairman Jasper asked if Mr. Martinez wanted to add anything to Staff s proposal. Mr. Martinez answered no. Chairman Jasper asked if the Board had any questions for Mr. Martinez. Vice Chair Hooker asked if the structure is going to be used only for car storage. Mr. Martinez answered yes. Mr. McClure asked Mr. Martinez if he intends on moving the storage. Mr. Martinez answered yes. Mr. Odom asked if there will be a gate. Mr. Martinez answered the fence will be removed. Chairman Jasper asked if the storage will match the house. Mr. Martinez answered yes. The Board did not have any other questions. Mr. Langford stated that the property notices were for the structure in the rear yard and not in the side yard, therfore; the Board would not be able to approve until Staff readvertises the property notices to reflect the new plan. Chairman Jasper asked Mr. Martinez if he wanted to keep the new proposal. Mr. Martinez answered yes. Chairman Jasper closed the public hearing due to the fact that Staff has to readvertise the case. Chairman Jasper stated that the case will be tabled until June 28, 2018 meeting. Mr. Wes McClure made a motion to table BOA until the June 28, 2018 meeting. Mr. Odom seconded. Motion passed unanimously. B. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Efrain and Amy Velez, for a Special Exception to allow an accessory dwelling unit in the rear yard including approximately 480 square feet, located at 1108 Lakeview Dr. Mr. Wes McClure recused himself from the case. Principal Planner Johnna Matthews briefed the Board. Chairman Jasper opened for Staff questions. Mr. Rojas wanted to know what address was in opposition. Ms. Matthews answered 1112 and 1117 Lakeview Dr. Chairman Jasper wanted to verify that if the Applicant was applying for an oversized structure and not a dwelling unit, they would not have to meet with the Board of Adjustment because the structure is less than 500 square feet. Ms. Matthews answered yes. Chairman Jasper opened for Applicant to come up and speak. Applicants Efrain and Amy Velez explained that the dwelling unit will look similar to the house and Applicant is planning to put up a privacy fence. Chairman Jasper wanted to verify with the Applicant that the purpose for the dwelling unit will be used by an ederly parent. Applicant answered yes. Chairman Jasper opened for public hearing. No one came up to speak. Chairman Jasper closed the public hearing. Vice Chair Michael Hooker made a motion to grant the Special Exception. Mr. Odom seconded. The motion passed unanimously. C. BOA SPECIAL EXCEPTION Conduct a public hearing to consider an application submitted by Angelica Garcia, for a Special Exception to allow an oversized accessory structure in the rear yard including approximately 884 square feet, located at 2125 Catskill Dr.

5 Board of Adjustment Minutes Page 3 of 3 Principal Planner Johnna Matthews briefed the Board. Staff is recommending that this case be tabled until the June 28, 2018 meeting. Ms. Matthews explained that the drawing the Board members have in their packets does not reflect what the Applicant had originally applied for. Applicant started construction of an enclosed structure and not a carport. Ms. Matthews also stated there are questions as to the structural integrity of the structure that was built. Staff would like to meet the Applicant onsite before presenting to the Board. A motion was made by Mr. Odom to table the request until the June 28, 2018 meeting. Mr. Rojas seconded. The motion passed unanimously. There being no further business for the Board, Chairman Jasper adjourned the meeting at 7:06 p.m. Chris Jasper, Chairman The Board considered all testimony including the Staff report, applicant s presentation, public hearing, and discussions in the decision for each case.

6 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Case Number: Applicant: Property Owner: Address: Request: Background: Zoning: Lot size: Surrounding uses: BOA Isidoro Lopez Cintia and Salmoran Lopez 1616 Springbrook Dr. Special Exception to allow an approximately 324 square foot front carport The applicant is requesting a Special Exception to allow an approximately 324 square foot (18 x 18 ), feet in height, front carport made of wood and hardie material, with a pitched roof. According to the applicant, a carport is proposed to provide shade to vehicles and to protect vehicles from weather elements. R 3, Single Family Residential 10,045 square feet The subject property is surrounded by single family homes zoned R 3, Single Family Residential, of similar lot sizes on all sides. J.C. Rugel Elementary School and Rugel School Park are located northwest of the subject property, within walking distance. 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: BOA p. 1

7 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report 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 one car garage or no garage. Staff Comment: The front carport will not afford the only opportunity for covered parking on the lot, as there is an existing, attached, 2 car garage along the front of the property. Additionally, the lot has paved alley access in the rear. However, according to the applicant, due to grade changes in the rear along the alley, rear parking would difficult. The home was constructed in Parking behind the building line was not required at the time of construction. However, no supporting member of any garage, carport or other automobile storage structure was permitted within the required front yard. Staff Recommendation: Staff recommends approval of the Special Exception to allow an approximately 324 square foot front carport. Permits: Public Notice: Attachments: 2010 Plumbing 2010 Electrical 2010 Mechanical 2010 Install stone veneer, replace windows, patio and cover 2012 Plumbing 1998 Cement Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing no notices have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Pictures 4 Application with Sketch BOA p. 2

8 ATTACHMENT 1: AERIAL MAP BOA p. 3

9 ATTACHMENT 2: PUBLIC NOTIFICATION MAP BOA p. 4

10 ATTACHMENT 3: SITE PHOTOS Street view of subject property. Photo taken along the alley in the rear yard. BOA p. 5

11 ATTACHMENT4: APPLICATION BOA p. 6

12 ATTACHMENT 4: APPLICATION BOA p. 7

13 ATTACHMENT 4: APPLICATION BOA p. 8

14 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Case Number: Applicant: Property Owner: BOA Taylor Richard, Acadian Ambulance TPAJA Investments, LLC Address: 208 W. Kearney St., Suite 106 Request: Background: Zoning: Lot size: Surrounding uses: Special Exception to allow an ambulance service. The applicant is requesting a Special Exception to allow an ambulance service operated by Acadian Ambulance to occupy suite 106 as a general office facility for ambulance operations. Acadian Ambulance is a non emergent ambulance service. Lights and sirens will not be used at the location. According to the applicant, a total of 5 vehicles will be parked on site; 3 ambulances and 2 vans. O, Office 24,519 square feet The subject property is surrounded by commercial uses and commercial zoning districts on all sides. Below is a breakdown of surrounding uses and surrounding zoning districts: Zoning Use North GR General Retail Shopping Center South CB Central Business Undeveloped West GR General Retail Medical Offices O Office East O Office Medical Office Applicable Ordinance: SPECIAL EXCEPTION Mesquite Zoning Ordinance Section 5 203, Criteria for Special Exceptions Special Exceptions may be granted as set out in this ordinance, when the Board determines that the Exception will allow BOA p. 1

15 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report greater use and enjoyment of property without causing adverse impacts on adjacent properties and that it will be compatible with the surrounding neighborhood. Staff Comment: Approval of the Special Exception will allow an ambulance service to locate in suite 106 of the multi tenant building. Pursuant to Section of the Mesquite Zoning Ordinance, whenever there is a change in use or when a building site is used for a combination of uses and/or multiple tenants, the parking requirement shall be the sum of the requirements for each type of use. Currently there are 30 existing parking spaces on site, which includes 2 ADA parking spaces. Based on office uses, including the proposed use, a total of 22 parking spaces are required. The applicant will also need an additional 5 parking spaces for the business vehicles. It is important to note that one of the existing tenants, Angel Home Healthcare Services, parks their business vehicles on site. The proposed use will be compatible with the surrounding area and uses. Staff Recommendation: Staff recommends approval of the Special Exception to allow Acadian Ambulance to operate in suite 106, with the following conditions, in order to prevent creating an adverse impact on the parking needs of existing businesses, their customers and adjacent businesses: 1. No more than 5 ambulances and/or vans may be parked on site at any given time. 2. All vans and ambulances must be parked behind the building. Permits: 1993 Plumbing 1986 Repair damaged building 2013 Sign 2014 Electrical 2012 Electrical 2012 Foundation 2016 Mechanical 2014 Mechanical 2014 Electrical BOA p. 2

16 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Public Notice: Attachments: Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing no notices have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Pictures 4 Application Materials BOA p. 3

17 ATTACHMENT 1: AERIAL MAP BOA p. 4

18 ATTACHMENT 2: PUBLIC NOTIFICATION MAP BOA p. 5

19 ATTACHMENT 3: SITE PHOTOS Street view of subject property. East side of existing building. BOA p. 6

20 ATTACHMENT 3: SITE PHOTOS West side of building taken on Lawrence St. Rear of building BOA p. 7

21 ATTACHMENT4: APPLICATION BOA p. 6

22 ATTACHMENT 4: APPLICATION BOA p. 9

23 ATTACHMENT 4: APPLICATION BOA p. 10

24 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Case Number: BOA Applicant/ Property Owner: Address: Request: Background: Esteban Maldonado 503 Willowbrook Dr. Special Exceptions (1) to allow an accessory dwelling unit in the rear yard and (2) to allow the accessory dwelling unit to exceed the maximum size of 500 square feet by approximately square feet, for a total of square feet; defined as an oversized accessory structure. The applicant proposes to convert an existing square foot detached garage/storage building into a dwelling unit for his daughter to live. The structure is located in the rear yard and meets all setback and building separation requirements. Pursuant to Section D of the Mesquite Zoning Ordinance, oversized accessory structures shall be constructed using the same exterior materials, and in the same ratio, as the principal structure. The structure appears to meet this requirement, with exception to what appears to be a bay door on the side of the structure. There is no record of a permit or Special Exception to allow the oversized accessory structure; however, the structure is reflected in Dallas Central Appraisal District records. Electrical and plumbing permits have been issued for the conversion. The Mesquite Zoning Ordinance defines an accessory dwelling unit as an area, in addition to the principal dwelling unit on a lot, which has living, sleeping, and bathroom facilities and which meets either of the following conditions: 1) contains a kitchen; or 2) has primary access which is not from within the principal dwelling unit, including any such area in a detached structure, whether or not the area contains a kitchen. Primary access will not be from within the principal dwelling unit. Zoning: Lot Size: Surrounding Land Uses: R 3, Single Family Residential 7,462 square feet The subject property is surrounded on all sides by single family homes on lots of similar sizes. BOA p. 1

25 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report SPECIAL EXCEPTIONS Accessory Dwelling Unit Applicable Ordinances: Mesquite Zoning Ordinance Section 2 203: Schedule of Permitted Uses Section of the Mesquite Zoning Ordinance allows for the applicant to make a request for a Special Exception to use an accessory structure as a dwelling unit within a residential zoning district subject to the following special condition: Permits only accessory dwelling units to be occupied by household members or persons employed on the premises; prohibits units designed, rented, or utilized as a totally separate dwelling unit. The Zoning Ordinance does not offer any specific criteria for review concerning an accessory dwelling unit beyond the standard criteria as stated in the following sections for a Special Exception. Mesquite Zoning Ordinance Section 5 203: Criteria for Review A. Criteria for Special Exceptions Special Exceptions may be granted as set out in this ordinance, when the Board determines that the exception will allow greater use and enjoyment of the property without creating adverse impacts on adjacent properties and that it will be compatible with the surrounding neighborhood. The Board shall also consider any criteria set out in this ordinance for a specific Special Exception. Staff Comment: The accessory dwelling unit is located in the rear of the property behind the principal building reducing any visual impact the accessory dwelling unit might have on adjacent properties. Additionally, the structure existed as a garage/storage building prior to the current owner s purchase of the home in Google images indicate that the structure has existed since at least It is not anticipated that the use of the structure as an accessory dwelling unit by the owner s daughter will create an adverse impact on adjacent property owners. However, the Mesquite Zoning Ordinance requires 2 off street parking spaces per dwelling unit for a total of 4 required off street parking spaces. The subject property has a single car driveway and what appears to be an enclosed area (carport/garage) for the parking of 1 vehicle. There is an existing alley in the rear of the property; however the alley is not paved and there is no rear access. BOA p. 2

26 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Mesquite Zoning Ordinance, Section A, Oversize Accessory Structure To allow an oversize accessory structure, which shall be any detached structure which exceeds the height, size, or coverage limits set out in An existing accessory building shall not become an oversize structure due to the attachment of a minor building with separate entrances. Buildings exceeding 10% of the lot area are generally considered to be incompatible. Staff Comment: The accessory structure is located in the rear of the property behind the principal structure and has been there since at least The structure exceeds the size of an accessory structure by approximately 472 square feet. There are no records of permits or BOA approval having been issued for the structure; however, the detached garage/storage building is reflected in Dallas Central Appraisal District records. Additionally, the structure exceeds 10% of the lot area. Staff Recommendation Permits: Public Notice: Attachments: Staff recommends approval of a Special Exception to allow the existing oversized accessory structure in the rear yard to be used as an accessory dwelling unit, subject to meeting all requirements of the Mesquite Zoning Ordinance, including the parking requirements for 2 dwelling units Electrical 2018 Electrical for accessory structure 2018 Accessory structure (on hold due to size and no record of BOA approval) 2018 Plumbing for accessory structure 2018 Driveway expansion (not issued due to incomplete application) Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, one notice has been returned in favor of the request. 1 Aerial Map 2 Public Notification Map 3 Site Photos 4 BOA Application Materials 5 Returned Notices BOA p. 3

27 ATTACHMENT 1: AERIAL MAP BOA p. 4

28 ATTACHMENT 2: PUBLIC NOTIFICATION MAP BOA p. 5

29 ATTACHMENT 3: SITE PHOTOS Street view of subject property. Photo taken in rear yard looking at subject structure. BOA p. 6

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

31 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 8

32 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 9

33 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 10

34 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 11

35 ATTACHMENT 6: RETURNED NOTICES BOA p. 12

36 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Case Number: Applicant: Property Owner: Address: Request: BOA Wayne P. Morris Dorothy M. Moddon 2805 Blue Ridge Special Exception to allow a front carport including approximately 240 square feet. Background: The applicant is requesting a Special Exception to allow an approximately 240 (20 x 12 ) square foot, 8 feet in height front carport constructed of pressure treated wood. Cap shingles will be used on the carport s proposed flat roof that will match the house. Zoning: Lot Size: Surrounding Land Uses: R 3, Single Family Residential 7,216 square feet The subject property is surrounded on all sides by single family homes on lots of similar sizes. SPECIAL EXCEPTIONS Front Carports Applicable Ordinances: Mesquite Zoning Ordinance Section B.1 A front carport may be approved as a Special Exception on a lot zoned R 3 if the Board determines that the front carport would be compatible with the neighborhood. A front carport approved by Special Exception shall comply with the design standards of Section 2 603E. In determining whether the requested front carport would be compatible with the neighborhood, the Board shall consider, among other things, the following characteristics: 1. Whether the front carport would afford the only opportunity to provide covered parking on the lot; 2. Whether the lot has paved alley access such that rear parking is available as an alternative to a front carport; 3. Whether parking behind the building line was not required at the time of construction; and 4. Whether the dwelling was originally built with either a one car garage or no garage. Staff Comment: Currently the proposed carport will provide for the only opportunity for covered parking on the lot. There is a paved alley behind the subject property, however it BOA p. 1

37 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report does not have rear driveway access. The home was built in 1960 with a single car garage; however, the single car garage was converted to living space some time ago. Mesquite Zoning Ordinance Section 5 203: Criteria for Review A. Criteria for Special Exceptions Special Exceptions may be granted as set out in this ordinance, when the Board determines that the exception will allow greater use and enjoyment of the property without creating adverse impacts on adjacent properties and that it will be compatible with the surrounding neighborhood. The Board shall also consider any criteria set out in this ordinance for a specific Special Exception. Staff Comment: Staff does not anticipate any adverse impacts on adjacent properties; there are several carports in the neighborhood, including some with a metal flat roof carport. Staff Recommendation: Permits: Public Notice: Attachments: Staff recommends approval of the Special Exception to allow the proposed front carport. None on file Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, no notices have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Photos 4 BOA Application Materials (application form and sketch) BOA p. 2

38 ATTACHMENT 1: AERIAL MAP BOA p. 3

39 ATTACHMENT 2: PUBLIC NOTIFICATION MAP BOA p. 4

40 ATTACHMENT 3: SITE PHOTOS Street view of the subject property. Street view of the house. BOA p. 5

41 ATTACHMENT 3: SITE PHOTOS Rear view of the property from alley. View of alley BOA p. 6

42 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 7

43 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 8

44 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 9

45 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 10

46 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 11

47 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 12

48 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Case Number: Applicant: Property Owner(s): Address: Request: BOA Alberto Santos Alberto Santos 4543 San Marcus Special Exception to allow a front carport including approximately 324 square feet. Background: The applicant is requesting a Special Exception to allow an approximately 324 square foot (18 x 18 ), 8 feet in height front carport made with wood materials and a 4 foot high pitched roof. Zoning: Lot Size: Surrounding Land Uses: R 3, Single Family Residential 8,626 square feet The subject property is surrounded on all sides by single family homes on lots of similar sizes. SPECIAL EXCEPTIONS Front Carport Applicable Ordinances: Mesquite Zoning Ordinance Section B.1 A front carport may be approved as a Special Exception on a lot zoned R 3 if the Board determines that the front carport would be compatible with the neighborhood. A front carport approved by Special Exception shall comply with the design standards of Section 2 603E. In determining whether the requested front carport would be compatible with the neighborhood, the Board shall consider, among other things, the following characteristics: 1. Whether the front carport would afford the only opportunity to provide covered parking on the lot; 2. Whether the lot has paved alley access such that rear parking is available as an alternative to a front carport; 3. Whether parking behind the building line was not required at the time of construction; and 4. Whether the dwelling was originally built with either a one car garage or no garage. Staff Comment: The front carport will provide for the only covered parking on the lot. There is a paved alley behind the subject property, however it does not have rear driveway access. The other residents that share this alley also do not utilize it for rear BOA p. 1

49 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report driveway access. The applicant indicated being unsure if the home was originally built with a garage as he purchased it just a few years ago without there being one. Mesquite Zoning Ordinance Section 5 203: Criteria for Review A. Criteria for Special Exceptions Special Exceptions may be granted as set out in this ordinance, when the Board determines that the exception will allow greater use and enjoyment of the property without creating adverse impacts on adjacent properties and that it will be compatible with the surrounding neighborhood. The Board shall also consider any criteria set out in this ordinance for a specific Special Exception. Staff Comment: Staff does not anticipate any adverse impacts on adjacent properties; there are existing carports in the neighborhood, including the home directly behind the applicant. Staff Recommendation: Permits: Public Notice: Attachments: Staff recommends approval of the Special Exception to allow a 324 square foot front carport. None on file Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, no notices have been returned. 1 Aerial Map 2 Public Notification Map 3 Site Photos 4 BOA Application Materials (application form and sketch) BOA p. 2

50 ATTACHMENT 1: AERIAL MAP BOA p. 3

51 ATTACHMENT 2: PUBLIC NOTIFICATION MAP BOA p. 4

52 ATTACHMENT 3: SITE PHOTOS Street view of subject property. Rear view of the property and alley. BOA p. 5

53 ATTACHMENT 4: APPLICATION MATERIALS BOA p. 6

54 ATTACHMENT 4: APPLICATION MATERIALS BOA p. 7

55 ATTACHMENT 4: APPLICATION MATERIALS BOA p. 8

56 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Case Number: BOA Applicant/Property Owner: Address: Request: Background: Angelica Garcia 2125 Catskill Dr. Special Exception to allow an oversized accessory structure in the rear yard including approximately 884 square feet. This item was tabled at the May 24, 2018 Board of Adjustment (BOA) meeting to allow the applicant additional time to provide accurate drawings of what is actually proposed and to allow Building Inspections Staff to inspect the structure to ensure structural integrity and code compliance, as the structure was built without proper approvals. On December 1, 2016, the BOA approved a Special Exception to allow an oversized rear carport including approximately 884 square feet. Inspections for the slab was completed and approved June, The permit expired June, 2017 and the property owner was informed that no further work could be conducted unless the permit expiration date was extended. The applicant continued with construction by enclosing the carport for an approximately 884 square foot garage, approximately 15 feet in height at the highest point. Staff was notified of the construction due to a complaint made by a nearby property owner in August, 2017 regarding the size of the structure. The property owner was issued a stop work order and was advised of the permit expiration and the need for BOA approval, as an oversized carport was approved and not an oversized enclosed garage. At the time of the May BOA meeting, application materials and drawings submitted for the subject Special Exception did not appear to match the structure that was constructed without a permit. For example, drawings submitted illustrated a pitched roof. The actual structure has a flat roof. Staff met with the applicant on site and the applicant indicated that the structure will be retrofitted to match drawings submitted and included in the staff report as Attachment 4. There appear to be no structural problems with the structure. Minor driveway improvements will be required. Zoning: Lot Size: R 3, Single Family Residential 12,102 square feet BOA p. 1

57 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Surrounding Land Uses: With exception to West Mesquite High School located west of the subject property, surrounding uses include single family homes on lots of similar sizes. SPECIAL EXCEPTIONS Oversize Accessory Structure Applicable Ordinances: Mesquite Zoning Ordinance Section A: Oversize Accessory Structure Section A of the Mesquite Zoning Ordinance allows for the applicant to make a request for a Special Exception to allow an oversize accessory structure, which shall be any detached structure which exceeds the height, size, or coverage limits set out in Buildings exceeding 10% of the lot area are generally considered to be incompatible. Staff Comment: As proposed, the oversized accessory structure will include approximately 884 square feet and is 15 feet in height. The structure does not exceed 10% of the lot area. Staff Recommendation: Permits: Public Notice: Attachments: Staff recommends approval of a Special Exception to allow an oversized accessory structure in the rear yard totaling approximately 884 square feet, subject to meeting all requirements of the Mesquite Zoning Ordinance Foundation repair 2005 Foundation repair 2006 Foundation repair 2016 Concrete slab 2016 Rear metal carport Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, 2 notices were returned in opposition to the request. 1 Aerial Map 2 Public Notification Map 3 Site Photos 4 BOA Application Materials 5 Returned Notices BOA p. 2

58 ATTACHMENT 1: AERIAL MAP BOA p. 3

59 ATTACHMENT 2: PUBLIC NOTIFICATION MAP BOA p. 4

60 ATTACHMENT 3: SITE PHOTOS Street view of the subject property. Photo taken in rear yard looking at structure. BOA p. 5

61 ATTACHMENT 3: SITE PHOTOS Photo taken along the alley looking at structure. Photo taken along alley looking at structure in relation to the primary structure. BOA p. 6

62 ATTACHMENT 3: SITE PHOTOS Photo taken in rear yard looking at side property line in relation to structure. BOA p. 7

63 ATTACHMENT 4: APPLICATION & SUPPORTING DOCUMENTS BOA p. 8

64 ATTACHMENT 4: APPLICATION & SUPPORTING DOCUMENTS BOA p. 9

65 ATTACHMENT 4: APPLICATION & SUPPORTING DOCUMENTS BOA p. 10

66 ATTACHMENT 4: APPLICATION & SUPPORTING DOCUMENTS BOA p. 11

67 ATTACHMENT 4: APPLICATION & SUPPORTING DOCUMENTS BOA p. 12

68 ATTACHMENT 4: APPLICATION & SUPPORTING DOCUMENTS BOA p. 13

69 ATTACHMENT 4: APPLICATION & SUPPORTING DOCUMENTS BOA p. 14

70 ATTACHMENT 4: APPLICATION & SUPPORTING DOCUMENTS BOA p. 15

71 ATTACHMENT 5: RETURNED NOTICES BOA p. 16

72 ATTACHMENT 5: RETURNED NOTICES BOA p. 17

73 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Case Number: Applicant: Property Owner(s): BOA Clayton Tanner Gilbert Clayton Tanner Gilbert Address: 9655 FM 740 Request: Background: Zoning: Lot Size: Surrounding Land Uses: (1) A Special Exception to reduce the minimum dwelling size from 2,500 square feet to 2,378 square feet and (2) a Variance to reduce the residential exterior masonry requirement from 90% to 0%; both for a proposed single family residence. The applicant purchased a one acre tract of land near the edge of the Mesquite city limits on FM 740 and south of Interstate Highway 20. The property is zoned Agriculture (AG) and the proposed home must meet the requirements of the AG zoning district, which requires a minimum of 2,500 square feet of living space. The applicant proposes to construct 2,378 square feet of living space with a total of approximately 3,664 square feet under roof, including a garage and covered porches/patios. The applicant proposes use of hardiboard for the exterior of the home. The Mesquite Zoning Ordinance calls that new homes require 90% brick, stone and/or stucco. Agriculture/K20 Floating Zone acres The subject property is surrounded by agricultural land and a small number of single family homes on large lots. SPECIAL EXCEPTION Minimum Unit Size Applicable Ordinances: Mesquite Zoning Ordinance Section 2 305: 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. Minimum Unit Size To allow construction of a single family residence which does not comply with the required minimum unit size. This Special Exception may be considered in neighborhoods where existing residences were predominantly constructed smaller than the currently required minimum size. BOA p. 1

74 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Staff Comment: Eight of the 11 existing single family homes located along FM 740 are less than the 2,500 square foot living area requirement and six of those single family homes are under 2,000 square feet. The Mesquite Zoning Ordinance requires a minimum living area of 2,500 square feet in the AG zoning district. Due to the size of the existing homes in the neighborhood, a reduced dwelling size would be consistent with the architectural and historical context. Staff does not anticipate any adverse impact on the adjacent properties due to the proposed reduced size. Variance Mesquite Zoning Ordinance Section 5 203: Criteria for Review B. Criteria for Variance 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: This area was annexed in All of the homes in the immediate area were built prior to annexation. Half of the homes along FM 740 within the city limits do not meet the masonry requirement. 1. Literal interpretation of the provisions of the ordinance would result in unnecessary hardship to the owner of the property. Staff Comment: The applicant is proposing to construct a home with a rural character that is consistent with homes in the area. The home to one side of the subject property meets the material requirement. The home on the other side does not. There is an ordinance provision to allow the exterior of homes to be consistent with their immediate surroundings. This is a situation where the homes in the area vary. Due to the homes on either side of the subject property being so different, there is no clear material for consistency. The materials proposed will not impact the area in a negative way. 1. The special conditions and circumstances are not self imposed, i.e. do not result from the actions of the applicant or owner. BOA p. 2

75 City of Mesquite BOARD OF ADJUSTMENT June 28, 2018 Staff Report Staff Comment: The unique conditions were not caused by the applicant. Staff Recommendation: Staff finds that the criteria for a Special Exception have been met and recommends approval of the Special Exception to allow a reduction in the minimum size of a single family home from 2,500 square feet to 2,378 square feet, with the following condition: 1. The living space shall be no less than 2,378 square feet. Staff finds that the criteria for a Variance have been met and recommends approval of the Variance to allow for a reduction in masonry requirements, from 90% to 0%, with the following condition: 1. The exterior of the home shall be constructed of hardie siding or an approved masonry material. Permits: Public Notice: Attachments: Oct Special Exception to reduce minimum dwelling size Oct Variance to reduce the residential exterior masonry requirement from 90% to 0% Notices were mailed to property owners within 200 feet of the subject property. As of the date of this writing, no notices have been returned. 1 Aerial Map 2 Public Notification Map 3 Google Image 4 BOA Application Materials (application form and sketch) 5 Original Sept., 2016 BOA Staff Report BOA p. 3

76 ATTACHMENT 1: AERIAL MAP BOA p. 4

77 ATTACHMENT 2: PUBLIC NOTIFICATION MAP BOA p. 5

78 ATTACHMENT 3: GOOGLE IMAGE BOA p. 6

79 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 7

80 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 8

81 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 9

82 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 10

83 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 11

84 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 12

85 ATTACHMENT 4: BOA APPLICATION MATERIALS BOA p. 13

86 ATTACHMENT 5: ORIGINAL BOA APPLICATION MATERIALS CITY OF MESQUITE BOARD OF ADJUSTMENT APPLICATION Application #: 38 \ Receipt#: Date Received: 03b9'o1 9 l'28 {'10\b Property Address: Legal Description: Property Owner(s): - Texas Subdivrsion: Block: Lot: ( lu-',ac,., T. G-:1\:>c.rf 1 s...,..'-'-.., r. G: lfo.,,;p h : APPLICANT Name: Address: Home Phone: Work Phone: Address. (t.f&? )?3) Yc?J (,_1_ 1_z _)_s_ _L_f --7 c=, CHECK STRUCTURE TYPE(S) Main Structure D Room Addition D Garage Addition 119 New Residence Fence D Wood D Chain Link D Wrought Iron Accessory Structure D Rear Carport D Storage Building D Detached Garage Other Affected Part(s) of the Property 0 Interior Side Yard Front Yard D Exterior Side Yard D Rear Yard Describe the structure and its purpose: Will It I D Exceed Maximum Height? D Exceed Maximum Size? Status q I Existing P-J Proposed A 5 ; l'ljl' : 7= "1o,'>) LJ, 1M i\h (lo: h, ra fc'"i.l.. /ktn.e, 1,...11 fv L -... <...p,kic. t.>.c t}'t,:c.. rt..:.. vi..r.:;..4t v,,-,j.<..r r.=,u..1-, c ';'>,--0..._,;-..eJy ewe - fi 'v, 7..,, --.. '.. r. If request for a Special Exception, the Board must find both of the following to be true to approve your request: Will the Special Exception allow greater use and enjoyment of the property without creating adverse impacts on adjacent properties? How? J,u...:>, tr- S -:.dt,.,, 1-.;.... i,-<11 Will the Special Exception be compatible with the surrounding neighborhood? How? 'f:.5. 1v,v t,rt> e..ec(tjj- -">//'..,.., _ c.... ""... n '... )- 't,,.,...,._. -.., -#,,4 1=-r-1 t:<j. "'j'j.,._ c;.,f> cfl f-h < t>'\i\l>'e IJCLv r/:,. l... h.,....:.. :<" let.... tul. ;, At;,i-1c.,1h,1"<. z,.,, \:, 11,s..),,;t\- i\.\l" " ".... 1o.( \t,:..n"'.'\ - o"'".f 6 of7 Rev. 12/07/2015

87 If request for a Variance, the Board must find each of the following three to be true. Are there special conditions and circumstances that exist on the property that are peculiar to the land or improvements thereto and which are not applicable to other lands or improvements in the same district? If so, explain: /\It'- 7/,.- /..-,.,{ _',;;?t ">. r, pt-1'.j;...,,, h:> 6..-",/ l u-.j.r :-,. l.-,:,;.,.. /-1.,...,e.r :.._ -,...,, - C z :'-'(, Will the literal interpretation of the ordinance result in an unnecessary hardship to the owner of the property? How? 1.,,, 't"" <..,.,-,l;,_,,.,..,,,,e,1 '" (t,,,-,(.,,,.,at;.t...,...., t ).-_,.,'.-=-f.. Are the special conditions and circumstances on the property self-imposed? fu..,, it,-r t c..,,-:::-r::;, c.:..,_1.. -r- "" l. I hereby certify that I am the owner or duly authorized agent of the owner, of the subject property for the purposes of this application. 2. I hereby designate the person named above as applicant, if other than myself. to file this application and to act as the principal contact person with the City of Mesquite in the processing of this application. 3. I hereby authorize the City of Mesquite, its agents or employees, to enter the subject property at any reasonable time for the purpose of 1) Erecting, maintaining. or removing "Variance or Special Exception" request signs, which indicate that a zoning action is under consideration and which indicate how further information may be obtained, and 2) Taking photographs documenting current use and current conditions of the property; and further, I release the City of Mesquite, its agents or employees from liability for any damages which may be incurred to the subject property in the erecting. maintaining, or removal of said signs or the taking of said photographs. 4. I have read and understand the information contained in the Front Carport Design Standards, Requirements Application packet. Owner: C lu.. yh.,,., T (;..: 1"'a1- Address: 9 S::i"_l,,#j t,....,..! "7 L.., Phone: ( Ve.,? )!> 3s <:,.----e:,;;:, :;- Signature: 7 of7 Rev '1

88 Variance Request: We are seeking approval to use a James Hardie "Hardielap" fiber cement siding or the cqui, alcnt product in lieu of the City of Me,;;quite's ''90 o" masonry requirement. The residence in the attached documents will be placed on acres at 9655 S FM 740 upon appro\ al. The property has been meant for some time and was previously occupied by a mobile home. It has recently been purchased by my wife and I in \! larch, The prope1iy is located on an FM road with a \ ariety of homes in the area. I have attached photos of the neighboring homes. We ha.ye designed through an Architect (Paul Flournoy) a Victorian-Fann House style home that would not be as aesthetically compatible with the typical brick or stone. Given the unique, somewhat isolated home placement. we believe that this change will not adversely affect the area but will instead enhance it. The home was designed by a ce1iified Architect. I ha\'c attached the proposed building plans, a sur v ey of thl..! property and \'arious examples of homes constructed with Hardie siding. PRODUCT INFORMATION Basic Composition: Po1iland cement, ground sand, cellulose fiber, select additives and water. Contains no asbestos, glass fibers or formaldehyde. Flame Resistance: James Hardie siding is noncombustible and approved for fire-rated construction Weather Resistance: Resists rotting, warping, cracking, hai 1, and high winds up to 150 mph. Impact resistance against hail and windblown debris, fiber-cement siding has been specified by hurricane-zone building codes for building homes in hurricane, tornado, and wildfire prone areas. Durability: James Hardie fiber cement siding is de::,igned to last for up to 50 years against cracking, rotting, hail damage, tennites and many other possible problems. ADDITIONAL PRODUCT INFOR1\1ATI0:'I This siding seems to be a rising trend in the industry latdy. Ifs a product that lasts. comes in a wide, aricty of textures and colors, and it's affordable. The benefits extend beyond those factors, and when it wmcs to hardie board siding, there is a long list of pros. Longevity: \1ost hardic board siding comes,, ith a 50-ycar, limited trnnsferablc \\ ammty. This siding is compktcly rot and insed resistant and can even handle salt spra), from the ocean. Appearance: Hardie board sic.ling can be made to mimic just about any other siding material, including wood lap boards. cedar shingles, and \\'Ood shake siding. Color options are virtually unlimited. These colors arc t} pically accompanied by a 10 to l 5 year wananty on thl..! finish. Fire Resistance: Hardie board siding i 90 percent sand and cement which makes it fireresist:mt. Case in point, a St. Paul Minne'-ota house fire torched two fire trucks parked 60 fret m, a1, but the cement hoard "iding home next door. 50 fed awa), remained unscathed. Storm Resistance: Whether you're looking for a siding material that can,, ithstand the ne'\.t Katrina. or one that can fend off the next summer hailstonn without sustaining: damage, cement board siding is a proyen commodity in the \.\Cather depaiiment. Work Citied-

89 , > IV 69 : '1'.O.r.e.,, ; Oze,,'V., >. 's c 4'6'e-,,. s 7. ao -,, <,"I vs.80..:i6a -1,v.4,v. 'LJ-4 < 0 6'.a6, """" P-1ce Afio W..r Im.ts IC.... t)fllo<t DIOll'S., OT>IER '"""" SCTT>IE " "'" '""""' PHJTQ. )""""' """"" et: '""'" 14 PAHD. HO :! 257C0UOO _ ti:s z g:: ge; Wt WU. BE f'ra: F'ROW J\.OOOINC OR f\.000 f1.000s CN4 ANO WU OCCUR NfD Fl.000 HCJOKTS I[ OR... CAUSE.S, mr5 n.ooo STATtMEM ANO S>w.L. flfof Cll A1C Lllr6U'T Otil M Hlff THE SUIM'l'O. 90C CA...L no, om, lll(tt)j IN 'fq.laie 2J62, PIQ: 2:21. 10H 0( 'MRRlrH1 OF Tm Off: QJ,UW(fl Of CJIMolCR. IG rlrm REGISTRATION NUWB R ;=-;;:::=;;:=;""""' ""f 43, SQ. FT ACRES VOLUME 2511, PACE 427 s L>ee.,, 6,L>o S6'.9. <J '?'> 01, """ 8,9, Oo., 4'. e <i6'.o.9,. S. -?;,,, ('.).,f:,. '?, (I '!,,/:, I' 'l, 'l, '...,a..o -.'!;'!> f'"l /_' " i,f as :"r::. /SCT LEGEND -.:::::"..:,! :: - :: I mf"'",12..., 000 "'""" = = = t. f,,< 1o: J OONCfflt.::::Cs;TlD) xru x W@'/$jwooo0<c. :;.,::,.-,:,--w'!'jo':' = = " 1'\ " l.)t:;schl W IN A Ult:.U 10 y AU,.N ANU UONNA UA.ni tut.nlt::i, t<t.c.:otrut.u IN VOUJMt. J;Ltstj, PACE 216, orncw. P\JBUC RECOROS, KAUfMAN COUNTY, T0AS ANO BEING DESCRIBED 8't' METES ANO BOUNDS AS rou.ows, &GINNING AT A 600 NAIL FOUND FOR CORNER IN THE RECOGNIZED NORTHWEST RIGHT-OF-WAY LJ<E Of FAAlol TO w.rket ROAD 740, SAJO POINT BONG 'll1e RECOGNIZED SOUTH CORNER OF SAJ0 f\jenies TRACT, ANO THE ->Rf.NT EAST CORNER Of A TRACT Of WIO OCSCR18 0 IN OE 0 TO JAMf.S C ANO o.\ '-'OMK, RECOROED th VOLUWE PAC 860, OfFlCIAL PUBUC RECORDS, KAUFMAN COUNTY: TliENCE NORTli 68 OECRaS 29 MINVIES 49 SECONDS WEST, ALONG THE RECOGNIZED SOll1HWE UN[ OF SAID FU tm:s TIW:T, ANO Tl<[ --NT NOIITl<EAST LINE or SAlO MONK TRACT(VOI.Ui,1[ '!\ ::di Mr; ";>"...: 0 TRACT or!ano QESCRllED IN A DEED TO.W.ES C Al<D - MONK, R!:COffOEO IN VOi.UM 2352, PACE 229, OfflCW. PU8UC RECORDS, KAUf1.W< COUNTY: Tl<EHCE NORTli "4 DECREES 58 MINUTES 55 SECONDS EAST, ALONG THE RECOGNIZED NORTWi,{ST Lt<( OF SAJO ruentes TRACT, ANO Tl<( APPARENT SOUTl<EAST lh Of SNO MOIIK TRACT {\IOI.UM!: 2 2. PACE 229), A OTSTAl<CE Of FEET TO A 1/2 INCH IRON ROD FOUND FOR C0RN0< IN Tl1E -ARENT SOTl<W(ST UN( OF A TIW:T OF!ANO OE'SCRIBEO II< A DEED TO STACEY A/>KJ 5K',NNON PORE:A, RECOR0 0 IN VOlUMt 2511, PAC 427. OfACW. PUBLIC RECORDS, l<aun.w< CO\/HTY, T[)(AS, SAlO POI/IT 8 JHG TH RECOGHIZEt> NORT H CORNER Of SAID FUENTES TIW:T: THENCE SOUTI< M OEGR[(S 42 MINUTES JJ SECONDS EAST, ALONG THE RECOGHZEll NORTI< UN( or SAJD F\.IENTES TRACT, N-tO THE APPARENT SOUTH LINE Of WO Pf:."TREA TRACT, A DISTANCE OF o r" a:(k r:>c::ifr: T OF O o r T SOUTH CORNER OF SAlO PETREA TRACT: Tl<ENCE SOUTI< «DEGREES 56 '"NUTES 40 SECONDS WEST Al.ONG '111( RECOGNIZED EAST UN( OF SNO FUENTES TRACT ANO Tl<( RECOGNIZED NORTl<WEST UN( Of SAID F.M. 740, A O!STAHCE Of 2J2.4i FEET TO '111( POINT Of BEC:NNING ANO CONTAINING 0, SOUAAE FEET OR 1.00J ACRES. URVEYQR's CERTIFICATE Tl<( UNO(RSIGNED REGISTERED PROFESSIONAL LAND SUIM:YOR {BRIAN GALLIA) H[R 8Y CER'mES TO fn CONNtC: Wl1>1 c o, =D CUl'IO<l,fZl,#ft" M T, THE S AHO OCSCRFTI S(T rc>rth t- REOH WERE PREPARED FROM ACT\W... ON-TME-GROUNO tnspectlon THE SUBJECT PROPERTY; SUCH W COHOUCTm B'f THE IJNO RS!, OR ut.oer HJS OtRECTION. THE P\AT HEREON CORRECTLY REP1l SENTS Tl1E FAC1S AS FOUND AT IHE TIME Tl<( SIJ!MY WAS PEJ<fOflM[O N<0 IS NI ACC\JAAlE REl'RESOATION Of 11 PflOfESSIOIIA OPINION Of THE UHOERS1C l.oc>,llon ANO DESCRIP110N OF VISl8LE ANO APPAAEJ<l IIPRCMMEIITS ARE AS t<olcal!d ANO Tl<ERE ARE NO 'IISIBlE ANO APPAAENT EHCRo,ooA(NTS OR PROTRUSIONS ON 11 GROUNO EXCEPT AS INOICAl!D: Tl<E SUMY SET Rllffl< HEREON WAS PERFORMED OCLUSM:l.Y FOR THE BEN flt OF THE A8<N. HOT ll PARllES AND TRANSACTION: N1Y USE or!his S\JR',{\' BY OTHER PART'CS ANO/OR USE FOR NIY OTHER PURPOSE 5"'U BE AT USElfS OWN RISI< ANO Tl UNOERSICQ IS NOT RESPCINSE ror ANY LOSS RES\l.TING Tl<ER(OF CXECUTt.0 n 'MS ! o.t.t Of W/tOj 2010 BRIAN CAI.LIA REGISTERED PROFESSIONAL u\no SURVEYOR NO, 5569 =: ACCEPTED BY: ----, SIGNATURE DATE SIGNATURE -BRIAN CALIJA.t ASSOCIATES- ::I:. ID4C< rrc-..:... BC.J:A La.net Surve1,'(ng, Inc. SURVEY PLAT san y 90" ST T::x::. -6: rr& - c N 9655 FARJ/ TO MARKET ROA!J 740 Pfff,< W,!; : s CRANBERRY B MASON SURVEY, ABSTRACT NO ,, STOH< 181 "lt" _,scr i"'.c:: 1 :,,r,; w w w.b g a su rv e y Tn;g. c o m;;..f ,;::;i,i;;;:i-;, ;;,:"w,;;;;-:;;i;,;::;:-_; I! A m ::,.. :"'.. =-- : lft.- ==- JOB NO, CAO. TECH, MM KAUFMAN COUNTY. TEXAS DATE

90 A COMPLETE SOLUTION WITH JAMES HARDIE Fnergy efficient llome Ut:Jsiyn is increasinq in iniportanct. and is directly associated with t tiliiy costs and comfort. /J.. home's he:iting an1 J co0lin0 costs can he s.ihst3ntially reduce,j throegh, ( m., ;t insul;ition, air sealing prar:tices. incorriorating tile com;1ct procluctt. a,,d proper installat'on methods. If your home is as littlp as 5 to 1 O years old, y u likely havt> one of 1i1e 46 million undrr-i:yulated home::, in the U.S., a1:conling to t11e Harvarcl U11iv0 rsity School of Public Health. Insulation is one of tl1e lowt1st 1ost options for irnprovin1j the tnerm efficiency of your horntj. Heciti, 1g,u-:cl c<.olinq account for 50 to 70 of tho enerrw used ir tllb average /\rneri :m i1r me, accorc!'nq to thf Department of f:n.-,rgj. Inadequate ins: 11.r ion and a;" leak<19,j are le-idinq C\'IJ, 0s of enertj'i wc1ste in rnrist h'lnies. Rigid foam insulat:on i, r.1,njunction I iit11 Hardir.Wrap Wf'.Jt!1er barrier :ind James! L r.lie siuing pro 1 1ides a bdter solution T,.., I j:... 1 v v s' r 1 /'<)!'. r C/ J., 1.'/1111- I 'r:.1 I, IJ.;' t,,y',.jf, 1 _/l, r L.? ii r anj.,'y.;.>,i\t,-.<,.'tjt n,._ JJ J1 'J"/t > 1 ujd:. 1d r:re...irt t t fk1;t- th.?''h- c1 er'.r.. 1fP, /Y b ;cl " insulation value lncrpased air tightness Reduced tnat trans/pr Lower 1:1,ergy costc;.acre comfortable and t'.ealthier home HOME ENERGY AUDIT A i10r11e tncrgy audit is tlhj first st,[) to assess t1jw 111uch ener9y your htimt, consu.nes and to valuate what me;is 1 ires you can take to rnakt your hot11(; rnorr enerm efficient. /J..n audit will show you problems that may, ul1en com,ctecj, save you significant 1rnounts of money ovt>r tirne. Durrng thp audit, yrn can: Pi11pr;11t wl1c:re your t1ou". i:; losi:1q energy Ddern1inc Hie r.ffi_,ien,j of vour home's heatinj,wrf cool!nc1 systerns Find 1 1aj s to conserve hot water and e!f:ctricity DtlerminP tt1d b8st apprna.::11 tf make yow home more energy efficient DO-IT-YOURSELF HOME ENERGY AUDITS With a s mpli:; hut clilijl 1t \Wllk-tl ough. you,,;111 spot mc1r1;1 probli;;ms in any type of t.ause. Wh311 a!lditi:ig your l1r 111\ krep a chec;klist of 1re,is ye u have inspected c1nd fjroblems y0u found. This list 11il! help you prioritiz, ro, ir cnl,rgy dfueri1 y upqr:idps. 1t1, U.S. Department of l::nerjr 1 :t't,:itj can 11,Ir cfarc' yru \':nt::n doinq Rll enr.rm, aucjit yolirself: httr,:/ Nv1-.:.ener yysa,crs.gov:your _h01n(' ienergy _audit.'index. rfr 1, myt ip:c= You can perform a simple ert rgy audit yourself, or have a professional energy,h'ditor, ;,UT>' out a mer tllor ough audit. JamesHardie USTB 2 I Ve ion 3 I PAGE 1 of 6

91 BENEFITS OF USING JAMES HARDIE SIDING WITH HARDIEWRAP WEATHER BARRIER AND RIGID FOAM INSULATION: Increased thermal performance High performaf1ce Installation ease Air infiltration reduction Strength and di 1rability Comfort and peace of mind 11,71,-,., t 'iw 1Cvr1yriµi.'t, 21)1.i.1 l" Hal h1uf!/!br Miir/J sh,11 n. e'ttvfi, 11,st.1,, t; of 1,,1,d fo.1m insulat 1us at nyil(.'r1g he.11 loss v.,v,, r,v s.1me h<j71t Mth OSB s 1,att 1g.1n.cl F'-1. 1,,, i1 s1 i:itio.1. H,'allC1S is <', m I r0 a. rj 1 e of 1f'd, the matt l1tal in,;s, top 1p/1' Cl1 - n, 11mal r,,at toss. 1' '" 1,i/t1 OSB.ud {1-13 1, 1tts!/, 1se 1..-,11, OSE Jl'd R- i: ik1tts :,:rr1t! ii. /,:,., 1:11c 1; 11n 1i1s,1 le I :I ec1t.'.,:i,1 :J Jat;lt}s H.1rl)1u F r Ci ll' nt NOTE: nie leakage of air through all the normal seams and tmy cracks of the exter,or walls can account for as much as 30 percent of the heat loss In a typical home. Due to their profile. mstallal!on. and physical propertis. foam backed vinyl products are not designed to reduce air leakage and therefore may not prowcle the mcrease m thermal performance claimed TYPES OF RIGID FOAM INSULATION Tt1.n, a1l 1hr, f' 111air. lyres df ri9ici toctm insulaiinu sheatl1inj c11rrentl1 being LJSf! I :n th0 i.1d11stry: ExpawJcd Pol1sty1ene (EPSJ, btruct,,d Polystyrent- (XPS), ant1 Po ;isocya,j, ate {Polyiso) 1 1hicl1 cacl1 exhibit varying R-valu 's, a v1id1.; variation in vapor prr, ncahility and drainage ct1a1 acteristics. Builciing scien"'e exptjrt'.; lnvt- recogn i zed that tlic type tl rigirl foam ins.jl:ition ner.ds.o [l(; sele,,h.;j basl.d on specific climatic var;;itiles in c0n;1mc:1on,itl1 the sp,jcific wall as t Jly compo! ;ents. Simila, ly, Ji mes Ha1die has rnco Jnizerl the ne!ed for clirtatc specific sidiny prod1rcts v;'tll the HardieZone"': System. Refer to fo1 your correct HardieZone and see the chart belov, for general product propenies and climate recommendations for rigid foam insulation: Type Expanded Polystyrene (EPS) Extruded Polystyrene (XPS) Unfaced Polyisocyanurate Foil Faced Polyisocyanurate Permeance (perms) Climate Use All Climates, Cold Climates All Climates, Cold Climates All Climates All Climates, Hot Humid Special Considerations Interior vapor retarder recommended in cold climates. Interior vapor retarder recommended in cold climates. Drainage space recommended in cold climates when there is no interior vapor retarder Interior vapor retarder recommended in cold climates. Drainage space recommended in cold climates when there is no interior vapor JamesHardie www Hardielnstallation.com USTB 2 I Version 3 I PAGE 3 of 6

92 GENERAL REQUIREMENTS AND INSTALLATION GUIDELINES: Ail James Hardie product specific installation requirements must btl followerj, please refer to for t11e most up to date lnstallat:on Requirements and Best Practice Guide. All national. state, and local building code requirements must be follo.ved and where the)' are more stringent than the James Hardie installation requirements, st1te a11d lr,cal r quirements will take precedence. Jam8s Hardie sidin J and trim [lroducts can be ir stalled over solid-foam insulation board ur: to 1-i 1. tt1ick. Caution should he taken as irrugularities and unevenness ir1 frarni11g, sl1e1tning. foam a;id othrr r1all ass")mbly components, inclu, liny undcr drive 1 nails. can blegrapt1 tllrouul1 to the fin/stied sidinq and trim. Tt1ese inegutaritie.: sl1ou:d r,,, corrected before tt e sidill\j is installccl. Whe:1 revip\'ling the following detai Is for attac: 1ing o,er to;-im an in portant corisideration is that the fastener chosen must be adequahj encornp<1sserj by a \ JOod suljst atv - the foam \ ill not count as part of the nee,essary ppnetration, tt1er ifn; e the length ot the chosen fastener must be extended by the thl;kness of the k,arn. FASTENER SELECTION: Wl1en attad1ing lnp siding produ"ts over foa: 1. the 1t,11gtr of the chosen fastener must be extended in length!jy tl1e thickness of the foam. ffasfene ar<i! hfdc1-en by IM course :oho.re N ls ore drt1en through the sheathing into lhe studs }' Jt,7 J!l,'k'r f r.j 1'ap S:rfing "''(( Jl ctr 0'r..,{ {(, J,;J f'. fr nqf,1 (ll f/,t 1 rf7. I, fy'i r r n JS!/, :..1,f. 1;.;1 j J_1 1 :r 1.r r nt.. r, :1 fr1,, to :1 t,,ve tl;r Fastener Selection Normal Fastener 6d Common 2" Long Fastener for additional 1/2" of foam 8d Common 2 1/2" Long 11 ga. 1 1/4" long roofing nail 11 ga. 1 3/4" long roofing nail 8-18 x 1 5/8" x.323" HD ribbed bugle head screw 8-18 x 2 1/8" x.323" HD ribbed bugle head screw hcf,, t,, " J/ 'O!'I :/e ESil report u' other C(J(JU,.vm,, 11t Jocw. :t 1/'' 1 /(){ f ', f, ' 1a selet 'cu r1;;e./ o, s,,,r t :,,d... fu,, :,, J t i'u (, h1 r)!,t, JI J '.:f,'..._-> J't. v,1t 'JJ'}'.,larnus Harclie dots supriort ti 1e use of its exte1 ior sidiny products install.d ovt,r rigid foan insulation, but it does not ta!-.r r..;sµon<i.jiliiy for tile entire wall asse1 1blJ 01 system. James Hardie expects the designer, contractor. or builder using our components as part of tt1e insulated v all assembly to: ArPw,e :e all tf1'., installation. 0quirr.mcnts lisrscl in the relevant pro,juct if'st;:il!ation iristru, 0 tions. f-'r0 1!ide adequate details for v:ater rnanage:ne1.t. Make the decisicn about t11e use and typ0 of rigij foam insulat'on. Uncltrstand the intrraction between system components and how each of the components in the system interacts. Design ttie building envelope to account for both interior and exterior moisture control. JamesHardie USTB 2 I Vers,on 3 I PAGE 5 of 6

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