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10-28-13 ZBA Agenda PacketPage 1 of 2 TOWN OF WESTLAKE, TEXAS ZONING BOARD OF ADJUSTMENT AGENDA OCTOBER 28, 2013 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM 5:00 P.M. 1. CALL TO ORDER 2. DISCUSS AND CONSIDER APPROVAL OF THE MINUTES FROM THE SEPTEMBER 16, 2013, MEETING. 3. CONDUCT A PUBLIC HEARING REGARDING AN APPLICATION FOR A VARIANCE FOR AN EXEMPTION FROM THE MINIMUM MASONRY REQUIREMENTS FOR A PROPOSED SINGLE FAMILY RESIDENCE TO BE LOCATED AT 5939 MAHOTEA BOONE TRAIL; CARPENTER ADDITION, LOT 10. 4. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by October 24, 2013, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. ZBA Minutes 09/16/13 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE ZONING BOARD OF ADJUSTMENT September 16, 2013 PRESENT: Chairman Carol Langdon, Board Members: Clif Cox, Wayne Stoltenberg and Laura Wheat. ABSENT: Michael Barrett and Rick Rennhack. OTHERS PRESENT: Town Manager Tom Brymer, Assistant to the Town Manager Amanda DeGan, Town Secretary Kelly Edwards, and Planning and Development Director Eddie Edwards. 1. CALL TO ORDER Chairman Langdon called to order at 5:08 p.m. 2. DISCUSS AND CONSIDER APPROVAL OF THE MINUTES FROM THE JUNE 17, 2013, MEETING. MOTION: Member Stoltenberg made a motion to approve the minutes. Member Cox seconded the motion. The motion carried by a vote of 4-0. ZBA Minutes 09/16/13 Page 2 of 2 3. CONDUCT A PUBLIC HEARING REGARDING AN APPLICATION FOR A VARIANCE TO THE SETBACK REQUIREMENTS FOR LOT 1, BLOCK 2 IN THE TERRA BELLA SUBDIVISION, BEING THE PROPERTY COMMONLY KNOWN AS 1315 CASA BELLA COURT. Planning and Development Director Eddie Edwards provided an overview of the request. Chairman Langdon introduced the item and opened the public hearing. No one addressed the Board. Chairman Langdon closed the public hearing. MOTION: Member Wheat made a motion to approve the request based on the meeting the criteria outline for a variance. Member Cox seconded the motion. The motion carried by a vote of 4-0. 4. ADJOURNMENT There being no further business to come before the board, Chairman Langdon asked for a motion to adjourn. MOTION: Member Stoltenberg made a motion to adjourn. Member Cox seconded the motion. The motion carried by a vote of 4-0. Chairman Langdon adjourned the meeting at 5:13 p.m. Approved by the Zoning Board of Adjustment on October 28, 2013. _____________________________ ATTEST: Chairman ______________________________ Kelly Edwards, Town Secretary Town of Westlake Memo To: Honorable Chairman and Members of the Zoning Board of Adjustments From: Eddie Edwards, Director of Planning and Development Subject: Called meeting of October 28, 2013 (V-2013-3). Date: October 21, 2013 ITEM Conduct a Public Hearing and consider an application for a variance to Article IV. – District Development Standards, Section 102-122. -Residential Districts of the Code of Ordinances which requires a minimum of 80% masonry construction for single-family residences. The granting of the requested variance will allow the proposed structure to be constructed with exterior wall materials similar to the materials used on the existing home. The existing home has a wood siding appearance. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  Inviting Residential & Corporate neighborhoods o Outstanding community appearance o Highest quality development and aesthetic standards BACKGROUND The existing home was constructed in 1981, eleven years prior to the Town of Westlake’s first zoning ordinance, and the home was built with siding instead of masonry. The applicant would like to build an addition and a guest house, but would like to maintain the character or charm of the property. The applicant also feels that the unique location and topography of the subject lot gives reasonable cause for the consideration of a variance since th improvements will not be highly visible from the right-of-way and will adversely impact the surrounding properties. Code of Ordinances Section being referenced: Sec. 102-122. - Residential districts. (a) Exterior wall building materials. (1) All buildings of 100 square feet or more and over nine feet tall shall have exterior walls constructed of masonry construction. Exterior walls for all buildings of 100 square feet or more and over nine feet tall shall be constructed of at least 80 percent standard masonry construction, excluding windows and doors, unless such wall is on a porch, patio, courtyard, or breezeway, in which event, the wall may be of non-masonry construction. (2) Buildings less than 100 square feet and under nine feet in height may be constructed with non- masonry materials, or may be all metal with a baked-on pre-painted surface. (3) Exceptions to these requirements, including buildings for farm animals, may be permitted on a case by case basis by the board upon submission and approval of elevation drawings of the subject structure, and material samples. (4) Barns used for agricultural or farm animal purposes on sites of ten acres or more are excluded from this masonry requirement. Legal information regarding granting/denying a variance: Texas Local Government Code § 211.009. AUTHORITY OF BOARD. (a) The board of adjustment may: (1) hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter; (2) hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so; (3) authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done; and (4) hear and decide other matters authorized by an ordinance adopted under this subchapter. Code of Ordinances Sec. 26-66. Public hearing conducted by board of aldermen. (a) Authority. The Town Council shall conduct a public hearing and make determinations on the following matters: (1) Text amendments to the Unified Development Code. (2) Zoning changes and map amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments. (3) Site plans for development. (4) Amendments to the Comprehensive Plan. (5) Amendments to the Thoroughfare Plan. (6) Amendments to the Open Space Plan. (7) Variances, special exceptions and appeals. Sec. 26-68. Board of adjustment. (a) Organization. The board of aldermen shall sit as the board of adjustment for the purposes of this section. (d) Criteria for granting variances. The board of aldermen, acting as the town's board of adjustment, pursuant to the powers conferred upon it by state law, the ordinances of the town, and this division may grant variances to the provisions of the UDC upon finding that: (1) Such variance will not substantially or permanently injure the appropriate use of adjacent property in the same district; (2) Such variance will not adversely affect the health, safety or general welfare of the public; (3) Such variance will not be contrary to the public interest: (4) Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located, except as provided in subsection (c) of this section; (5) Such variance will be in harmony with the spirit and purpose of the UDC; (6) Such variance will not alter the essential character of the district in which is located the property for which the variance is sought; (7) Such variance will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; (8) Due to special conditions, a literal enforcement of the UDC would result in unnecessary hardship; (9) The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located; (10) The variance or exception is not a self-created hardship; and (11) The variance is clearly identified as a variance to the town's standards on the concept plan, site plan or text of chapter 102. RECOMMENDATION Staff recommends approval of the variance sought. ATTACHMENTS Variance Application Applicant plans to bring exhibits to the council meeting. Zoning Board of Adjustments Item # 4 – Adjournment Back up material has not been provided for this item.