Zoning Board of Adjustments Minutes - 07/15/2009MINUTES
BOARD OF ADJUSTMENT
July 15, 2009
PRESENT:
Michael Latham
0 Members
Jose Garcia
0
David Lane
0
Dustin Nimz
0 Alternate #1
Elvin Dudley
0 Alternate #2
Robert Massey, Asst. City Attorney 11 0 Legal Dept.
David A. Clark, Director of Community Development 0 City Staff
Marty Odom, Planner 11 0
Leo Bethge, Planner 11 0
Diane Parker 0
ABSENT:
Dave Lilley 0 Members
Les Seipel, Chairman 0
Chad Hughes 0 Alternate #3
Steve Wood 0
I. CALL TO ORDER
Vice Chairman Latham called the meeting to order at 1:30 p.m.
11. MINUTES
Mr. Lane made a motion to approve the minutes of the June 17, 2009 Board of
Adjustment meeting. Mr. Dudley seconded. The minutes were approved with a
unanimous vote in favor.
Ill. REGULAR AGENDA
1. Case V 09-07
Request for a variance to reduce the required setback from 25' to 6'8" for
an addition to an existing building
V E D I N
301 Sinclair Blvd. XTY CLERK'S OFFICE
-4-=2
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m
Mr. Mac Fitzgerald of Holly Energy Partners requested a variance to reduce the front
setback for an addition to an existing utility building on Sinclair Blvd. The purpose for
the expansion is to accommodate a new 800 gallon foam surfactant tank and the
installation of a new reduced pressure zone black flow preventer valve on the 6" water
main to the fire pump. The expansion will increase the building size to 18'x 22'.
Mr. Odom stated that a new structure would be required to meet the 25 foot setback;
however this qualifies as an expansion of an existing non - conforming building. The
Zoning Ordinance allows staff to permit an expansion up to double the original size of
the building. Any larger increase for an expansion requires the approval of this Board.
The existing building is a little larger that 10' x 12% the new building, 18' x 22'. The
State has mandated the upgrading of this fire suppression system and it proximity to
the main water line is critical according to the City Plumbing Inspector.
Mr. Terry Hicks represented Holly Energy Partners at the meeting.
Eleven (11) surrounding property owners were notified of this variance request. One (1)
responded in favor and none (0) were opposed.
Qualifvinq Criteria:
a. The structure houses a fire suppression system. The efficiency of this system
would be decreased if the distance from the water main is increased. To meet the
setback requirement, the system would need to be moved away from the main over 18'.
b. The expansion permit is necessary to upgrade the existing fire suppression
system to NFPA code specifications, which is a State of Texas requirement, and to
provide protection of the City's water system.
C. The building expansion is necessary for adequate fire protection and
suppression for the truck loading rack facility and product storage tank farm.
d. The expansion will not infringe or obstruct any public or private area or facilities.
Staff feels that because there is a public safety and welfare issue, a unique situation
exists and therefore this request may qualify for a variance.
Mr. Nimz made a motion to approve the Qualifying Criteria; Mr. Lane seconded. The
motion carried.
Evaluation Criteria:
Mr. Odom reviewed the Evaluation Criteria with the Board.
Mr. Lane made a motion to approve the Evaluation Criteria; Mr. Nimz seconded. The
motion carried. The variance was approved with a caveat that the Planning Staff
researches the plat prior to issuance of a building permit to avoid a situation where a
utility company would cause the applicant to dismantle the building expansion.
It was determined, after the meeting by Mr. Odom, that the utility poles on the property
BOARD OF ADJUSTMENT • PAGE 2
are owned by the applicant. There are no easements that would be effected by the
approval of this variance.
2. Case V 09 -06
Variance to reduce the exterior side setback from 15' to 11.2' to allow a
duplex to be constructed on a corner lot
1300 32nd Street
Mr. Ralph Garza requested a variance to reduce the exterior side setback from 15' to
11.2' in order to construct a duplex on a vacant corner lot on 32nd Street. The
proposed duplex will be a one -story, 1,744 square foot brick veneer structure. The City
ordinance requires a 15' setback on an exterior side yard for single family residential
and duplex uses. This 50' x 125' lot will not accommodate this size duplex without a
variance.
The surrounding neighborhood consists primarily of vacant lots and residential houses
built in the 1930's and 1940's.
In May, 2009, a variance for a duplex was granted to permit the same side setback
reduction, to 11.2', on the southeast corner of Travis Street and 32nd Street.
Twenty -five (25) surrounding property owners were notified of this variance request. No
(0) responses were received.
Vice Chairman Latham asked if the architectural plans could be redesigned to
accommodate the lot. Mr. Dudley stated they could. It appears that Mr. Garza is using
the same plan that he used for the duplex at 1233 32nd Street.
Vice Chairman Latham asked about changing the setbacks in older neighborhoods.
Mr. Clark stated this is only the second case that has come before this Board.
Changing an ordinance is complicated especially if it were to apply to only one specific
part of town.
Qualifying Criteria:
a. The lots in this area were originally platted for single family homes. At that time,
the 15' exterior side setback requirement did not exist.
b. These lots were platted prior to the adoption of the setback requirements.
C. The proposed duplex would be an improvement to the neighborhood. There are
many new homes that are being built or remodeled in this area. A significant
number of existing homes built on exterior lots within this neighborhood do not
meet the 15' setback, including a variance granted by the BOA in May, 2009 to
permit an 11.2' setback at 1233 32nd Street.
d. Staff feels that there may be a hardship based on the added burden of a 15'
exterior side setback required for a corner lot that was platted prior to the
adoption of the ordinance.
BOARD OF ADJUSTMENT • PAGE 3
Mr. Lane made a motion to approve the Qualifying Criteria; Mr. Nimz seconded. The
motion carried.
Evaluation Criteria:
Mr. Odom reviewed the Evaluation Criteria with the Board.
Mr. Dudley made a motion to approve the variance; Mr. Lane seconded. The variance
was granted with a unanimous vote in favor.
IV. Adjourn
The meeting adjourned at 2:05 p.m.
7
Michael Latham, Chairman
BOARD OF ADJUSTMENT • PAGE 4
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