Zoning Board of Adjustments Minutes - 09/15/2004MINUTES
ZONING BOARD OF ADJUSTMENT
September 15, 2004
PRESENT:
Les Seipel, Acting Chairman
0 Members
Willa Burgess
0
Jose Garcia
0
James McNeil
0 Alternate #1
Michael Latham
0 Alternate #2
Steve Wood
0 Alternate #3
Dave L'llley
0 Alternate #4
Paul Stillson, Planner 11 0 City Staff
Marty Odom, Planner II 0
Kathy Bazile 0
ABSENT:
Tom Cross 0 Member
The Board appointed member, Les Seipel, as Acting Chairman for this meeting.
Chairman Mills resigned prior to a new chairman being selected by City Council.
I. CALL TO ORDER
Acting Chairman Seipel called the meeting to order at 1:30 p.m.
II. SWEARING IN NEW MEMBER
Mr. Dave Lilley was sworn in as a new alternate member of the Board.
III. APPROVAL OF MINUTES
The minutes of the March 17, 2004 Zoning Board of Adjustment meeting were approved
by the Board as submitted.
BOARD OF ADJUSTMENT • PAGE 1
IV. REGULAR AGENDA
1. Case V-04-02
Variance Request
2405 Speedway
Applicant ......................................Robert Broussard
Requested Action.........................Application for a variance to reduce the building limit
line from 30 feet to 25 feet along Speedway and from
30 feet to 22 feet along Roselawn Ave.
Purpose........................................To allow for the construction of an addition to a
residence. The present garage would be enclosed
and a new garage will be constructed.
Property........................................2405 Speedway, Lot 1, Block 26, Country Club
Estates, First Section
Zoning ..........................................Single Family-1
COMMENTARY
The applicant has requested a reduction of the 30-foot building limit line shown on his
plat. Based on his survey, staff determined that a reduction from 30 feet to 25 feet along
Speedway and from 30 feet to 22 feet along Roselawn Ave. would be required. This will
allow him to add a garage to the west end of this residence. The City of Wichita Falls
enforces building limit lines as shown on original plats. Building limit lines can be
changed if the property owner re -plats the property or obtains a variance. Both
processes require the notification of property owners within 200 feet of the lot.
QUALIFYING
CRITERIA
1. State special circumstances peculiar to the land, structure or building that
necessitate such request.
Applicant's statement: "The lot is irregular shaped. The proposed addition will go
outside of the neighborhood 30 foot boundary [or building limit line, measured]
from [one foot] inside the sidewalk."
2. Demonstrate that the special conditions and circumstances are not a result
of the actions of the applicant.
Applicant's statement: "Building was constructed before purchase. The previous
owners put a utility room in [the] garage and now [that the] garage [has been
converted, it] is not useable [as garage space]."
3. State how literal interpretation of the provisions of this ordinance deprive
the applicant of the rights enjoyed by others in the district.
BOARD OF ADJUSTMENT • PAGE 2
Applicant's statement: "There are no adjacent neighbors that would be affected.
A park is behind the property. All building lines would meet City's minimum
setbacks."
4. State how granting the variance would not confer upon the applicant any
special privilege that is denied by the ordinance to land, structure, or
buildings in the district.
Applicant's statement: "This would conform with the minimum setbacks used
throughout the City of Wichita Falls."
The City's minimum setback for residential is 25 feet along the front property line, 15
feet along a side street or street in the rear. Surrounding this tract are developed single-
family properties. Although in a residential neighborhood, the area where the building
addition is planned is separated from adjacent neighbors by a street. The lot is
triangular is shape, resulting in a tapering building area. Staff feels that based on the
information available, this request does qualify for a hearing by the Board.
EVALUATION CRITERIA
In evaluating a variance request, once it has been determined by the Board that the
request qualifies to be heard by the board, the Zoning Ordinance Section 7340 requires
that the following criteria be used:
a. The granting of the variance will not be contrary to the public interest.
Staff feels that the public interest would be served if the Board decides to grant a
variance based on a finding of a special condition or hardship.
b. Special conditions exist, other than financial hardship alone, whereby a
literal enforcement of the terms of the Ordinance will result in unnecessary
hardship to the owner of the land.
The triangular shape of the lot could be considered a special condition.
C. The variance will not permit an activity upon the land, which is not allowed
by the terms of the Zoning Ordinance.
The property is zoned single-family, residential development is permitted in this
zone.
d. The granting of the variance:
Is consistent with the intent of this Ordinance;
The intent of the requirement for setbacks is to preserve open space,
provide a visual corridor, and to prevent overcrowding. In this case the
developer placed a 30-foot setback on this lot, rather than a 25-foot
setback. The majority of the residential structure on this lot will meet the
BOARD OF ADJUSTMENT • PAGE 3
30-foot setback, with the exception of a part of the new addition. The new
addition will be 25 feet from the property line along Speedway and 22 feet
along Roselawn Ave.
If the Board determines that a hardship or special conditions exist, the
granting of a variance would be consistent with the intent of this
ordinance.
Is in harmony therewith;
Staff feels that this development would be compatible with the existing
homes in the neighborhood.
Will not be injurious to the neighborhood;
This proposal should not be in conflict with adjacent uses.
Or detrimental to the public welfare.
Granting this variance should not harm the long-term economic
development of the City or affect the public in the long-term through
function, appearance or layout.
RECOMMENDATION
If the Board finds that special conditions or hardships exist, staff recommends approval
of this request.
Consideration of the Evaluation Criteria of the Variance Request:
Mrs. Broussard, wife of the applicant, was present. Mr. McNeil noted that reducing the
size of the garage would not be a consideration because of the lot configuration.
Mr. Cross motioned to grant the variance at 2405 Speedway in Case V 04-02 and Ms.
Burgess seconded it. The motion carried and the variance was granted.
V. ADJOURN
The meeting was adjourned at 1:50 p.m.
LES SEIPEL, ACTING CHAIRMAN
DATE
BOARD OF ADJUSTMENT • PAGE 4