Loading...
Planning and Zoning Commission Minutes - 03/25/2015MINUTES PLANNING & ZONING COMMISSION March 25, 2015 PRESENT: James Wingo, Chairperson ♦ Members Barney Brock o Johnny Combs Rodney Martin Karla Metty Shannon Rutledge- Hopkins Jim Dockery, Assistant City Manager ♦ city Staff Karen Gagne, Planning Administrator Loren Shapiro, Planner III Christopher Guess, Planner II ABSENT: Ben Hoover ♦ Council Liaison Jeff Browning ♦ Members Rick Graham Anthony Inman o Justin Jones ♦ Alternate #1 Dan Leslie ♦ Alternate #2 I. CALL TO ORDER The meeting was called to order by Chairperson Wingo at 2:00 p.m. He then proceeded to make the following comments: a. This meeting is being broadcast live on Channel 11. It will be replayed at 2:00 p.m. daily including Saturday and Sunday until the next live meeting is aired which will be the second Wednesday of next month at 2:00 p.m. b. Motions made by the Commission members include all staff recommendations and developmental requirements listed in the staff report. Any deviations will be discussed on a case -by -ease basis and voted on accordingly. c. Applicants and citizens who wish to address the Commission or answer questions from the Commission members are asked to please speak into the microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. d. Please silence all cell phone ringers during the meeting. if it is necessary for you to have a conversation during the meeting, please use the hallway outside this room. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. P & Z COMMISSION PAGE 2 MARCH 25, 2015 Ill. APPROVAL OF MINUTES Mr. Martin made a motion to approve the minutes of the February 11, 2015 meeting. Mr. Brock seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA There were no plats and no carports submitted for the Planning and Zoning Commission to consider in the Consent Agenda for March. V. REGULAR AGENDA 1. Case P 15 -04 Request to replat Country Club Estates, Fifth Supplemental Dedication Plat, Lot 4- A, Block 37 2305 Farington Road Mr. Brendan Bell requested approval to replat Country Club Estates, Fifth Supplemental Dedication Plat, Lot 4 -A, Block 37 a.k.a. 2305 Farington Road. Section 212.015 (c) of the Local Government Code requires public notification for any replat that: 1. Within the past five years had zoning limiting the area to single family or duplex use and, 2. Will remove any covenants or deed restrictions on a property. Local Government Code Section 212.015(c) (Note: a copy of this section must be sent to property owners as part of the notification plat process.) °(c) If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three - fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or lands immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public meeting." Sixteen (16) notifications were mailed to the surrounding property owners within a 200 ft. perimeter of 2305 Farington Road. Five (5) replies were received in favor; one (1) was opposed; and, one (1) replied as no opinion or undecided. Staff recommended approval with the following conditions: 1. All access points to state roadways shall be approved by TxDOT. (TxDOT) 2. Provide utility slips. (Planning) 3. The site is served by public sewer and water. (Public Works) Mr. Guess explained this replat will change the building limit line from 45 ft. to 35 ft. P & Z COMMISSION PAGE 3 MARCH 25, 2015 Mr. Bell was not present at the meeting but his representative, Will Clark of Clark Design Renovations, explained the purpose of the replat is to convert the carport into a master bedroom in order to make the house more marketable. He noted the front facade of the structure proposed for construction is 57 ft. from the street. Mr. Doug Paul representing his father -in -law, Johnny Watkins, who lives directly across the street, stated the carport extends 5 ft. into the 45 ft. setback. He stated there is no objection to enclosing the carport. The problem is with moving the setback 10 ft. forward which would be 5 ft, in front of the finished carport, or 22 ft. in front of the existing front wall of the house. By moving the setback, it would allow future construction of the house to extend 22 ft. toward the street. Mr. Paul stated this action would have a significant impact on that street and is the cause for the objection. He suggested a variance to permit enclosing the carport. When asked if there were photographs of the property, Mr. Guess replied there were none. The plat of the property shows the current building limit line and the projected line. Mr. Clark stated the construction could be accomplished with a 40 ft. setback. He asked for 35 ft. because another property down the street was granted a 35 ft. setback per the conditional use process. Mr. Paul explained it was not a front setback on Farington but the side setback for Martin. Mr. Paul stated the existing front wall of the carport is 40 ft. back from the property line and currently 5 ft. in front of the 45 ft. setback. He continued by stating the applicant is proposing to move the front setback forward by 10 ft., or 5 ft. in front of the carport. Mr. Martin asked if Mr. Paul would be opposed to a 40 ft. setback. Mr. Paul replied that currently with the setback at 45 ft., the front of the house could be expanded toward the street by 10 ft. If the setback is expanded to 40 ft., construction could be extended 22 ft. to the front. Another garage could be added to the front of the house with an increase to 40 ft. Chairman Wingo closed the public comment portion for this case and opened it to the Commission. Mr. Combs stated he would like to see a photograph of the house for a better visual interpretation. He suggested tabling this request. Mr. Shapiro stated a plat cannot be tabled. He continued by stating the plat must meet the requirements of the Subdivision Ordinance and, in this case, it does comply. Mr. Martin asked when the existing carport was constructed. Mr. Guess explained the aerials were reviewed and it appears the carport was constructed prior to the establishment of zoning in 1955. Mr. Martin asked if this carport was constructed 5 ft. into the existing setback; Mr. Guess agreed. Chairman Wingo asked if there was a method to allow the construction without changing the setback. Mr. Shapiro stated the two options are to change the setback or request the applicant apply for a variance through the Zoning Board of Adjustment. The dilemma is that a carport is treated differently than other construction. Enclosing a carport triggers certain factors, in this case, moving the setback to an appropriate measurement on the plat would be more likely to be approved rather than going the route of applying for a variance through the Zoning Board of Adjustment where a demonstrated hardship would be required. Mr. Martin asked if the setback was changed from 45 ft. to 40 ft. would the carport be encroaching into the setback. Mr. Shapiro stated a 40 ft. setback would be sufficient and could be added as a condition of approval. Mr. Martin made a motion to add a condition to the P & Z COMMISSION PAGE 4 MARCH 25, 2015 approval of the plat to change the 35 ft. to a 40 ft. building limit line. Ms. Metty seconded the motion. The vote was unanimous in favor of the condition. Mr. Martin made a motion to approve Case P 15 -04, the replat of Country Club Estates, Fifth Supplemental Dedication Plat, Lot 4 -A, Block 37 a.k.a. 2305 Farington Road. Ms. Metty seconded the motion. The motion carried. Chairman Wingo stated Case P 15 -04 is approved with the condition that the building limit line be expanded to 40 ft. 2. Case P 15 -05 Replat of Turkett Addition, Lot 2, Block 1 5522 Reilly Road Biggs & Mathews, Inc., representing Richard Lon Turkett, requested approval to replat Turkett Addition, Lot 2, Block 1 a.k.a. 5522 Reilly Road. Section 212.015 (c) of the Local Government Code requires public notification for any replat that: 1. Within the past five years had zoning limiting the area to single family or duplex use and, 2. Will remove any covenants or deed restrictions on a property. Local Government Code Section 212.015(c) (Note: a copy of this section must be sent to property owners as part of the notification plat process.) "(c) If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three - fourths of the members present of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or lands immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public meeting." Four (4) notifications were mailed to the surrounding properties within a 200 ft. radius of this property. No responses were received. Staff recommends approval of this request with the following conditions: 1. The site is not served by public sewer; an approved on -site sewage system is required. (Public Works) 2. The site is served by public water. (Public Works) 3. Provide utility slips. (Planning) 4. All access points to state roadways shall be approved by TxDOT. (TxDOT) 5. Additional easement required, Biggs & Mathews will be notified. (Oncor) Mr. Guess stated this replat is removing a smaller parcel from a larger parcel of land. Mr. Turkett was present and explained this replat was necessary in order to reconstruct his home which was damaged from fire. P & Z COMMISSION PAGE 5 MARCH 25, 2615 A concerned property owner asked if any land would be taken from the other property owner on the west side. Mr. Turkett explained that land belongs to Marchand Realty and this replat will not effect that property or any property abutting his land. He plans to construct his new house farther east and south of the original home. Mr. Martin made a motion to approve Case P 15 -05 the notification plat of Turkett Addition, Lot 2, Block 1 a.k.a. 5522 Reilly Road. Mr. Brock seconded. The motion carried. Chairman Wingo stated this plat was approved unanimously. 3. Case C 15 -03 Conditional Use to approve a carport in the required front setback 1221 Harvey Drive Mr. Randy Bumgardner requested conditional use approval to build a carport in the front setback at his residence on Harvey Drive in a Single Family -2 zoning district. There is one (1) property within 200 ft. of the perimeter of the subject property with a carport located in the front setback. Staff recommends approval of this request. Twenty -four (24) surrounding property owners within 200 ft. of 1221 Harvey Drive were notified of this request. One (1) or 4.17% responded in favor, two (2) or 8.33% were opposed, and no (0) responses were received marked undecided or other. Mr. Bumgardner stated the land owner, Steve Bumgardner, is his father. The applicant has resided in this home for 15 years. Chairman Wingo closed the public comment portion for this case and opened discussion for the Commission members. Mr. Martin asked about the size of the carport and if a picture of a similar carport was available. Mr. Bumgardner stated the corner of the proposed carport will begin at the midpoint between the front windows then extend to the edge of the house; the width of the carport will be 14 -112 ft. He noted the shrubbery would not be covered by the carport and it is not covered by the house. Chairman Wingo stated he was aware of the two negative responses but after driving by the subject property he noted there were numerous carports on Harvey Drive. He commented he would be in favor of this request. Mr. Martin made a motion to approve Case C 15 -03, a request for conditional use approval for a carport at 1221 Harvey Drive; Ms. Rutledge- Hopkins seconded. The motion carried. Chairman Wingo announced the carport was approved unanimously. VI. OTHER BUSINESS City Council Update Mr. Shapiro stated no items pertaining to this Commission were presented to City Council in the last month. VII. ADJOURN The meeting adjourned at 2:32 p.m.