Zoning Board of Adjustments Minutes - 07/18/2012MINUTES
ZONING BOARD OF ADJUSTMENT
July 18, 2012
RECEIVED IN
CIT` ' CLERK_$FICE
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BY: TIME: ,.3.=--,=_
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Annetta Pope -Dotson 0 Council Liaison
Kinely Hegglund, Senior Assistant City Attorney 0 Legal Dept.
James McKechnie, Assist. City Attorney 0
Kevin Hugman, Assistant City Manager 0City Staff
Bobby Teague, Deputy Director of Community Development 0
Marty Odom, Planner III 0
Monique Coleman, Planner II 0
Diane Parker 0
ABSENT:
Jerry Beavers 0 Members
I. CALL TO ORDER
Chairman Nimz called the meeting to order at 1:30 p.m. Mr. Odom introduced the
Planning office's new employee, Monique Coleman, Planner II. Ms. Coleman will be
the future staff liaison for this Board.
II. APPOINTMENT OF VICE CHAIRMAN BY THE CHAIRMAN
Chairman Nimz appointed Mr. Garcia as Vice Chairman of the Zoning Board of
Adjustment. Mr. Garcia thanked him for the appointment.
III. ADOPTION OF MINUTES FOR APRIL 18, 2012 MEETING
Mr. Maroney made a motion to approve the minutes of the April 18, 2012 Zoning Board
of Adjustment meeting; Mr. Lane seconded. The minutes were approved with a
BOARD OF ADJUSTMENT • PAGE 1 • JULY 18, 2012
IIS
PRESENT:
Dustin Nimz, Chairman
0 Members
Chad Hughes
0
Jose Garcia
0
David Lane
0 Alternate #1
Kerry J. Maroney
0
Tyson Traw
0 Alternate #4
David Yonts
0 Alternate #3
Annetta Pope -Dotson 0 Council Liaison
Kinely Hegglund, Senior Assistant City Attorney 0 Legal Dept.
James McKechnie, Assist. City Attorney 0
Kevin Hugman, Assistant City Manager 0City Staff
Bobby Teague, Deputy Director of Community Development 0
Marty Odom, Planner III 0
Monique Coleman, Planner II 0
Diane Parker 0
ABSENT:
Jerry Beavers 0 Members
I. CALL TO ORDER
Chairman Nimz called the meeting to order at 1:30 p.m. Mr. Odom introduced the
Planning office's new employee, Monique Coleman, Planner II. Ms. Coleman will be
the future staff liaison for this Board.
II. APPOINTMENT OF VICE CHAIRMAN BY THE CHAIRMAN
Chairman Nimz appointed Mr. Garcia as Vice Chairman of the Zoning Board of
Adjustment. Mr. Garcia thanked him for the appointment.
III. ADOPTION OF MINUTES FOR APRIL 18, 2012 MEETING
Mr. Maroney made a motion to approve the minutes of the April 18, 2012 Zoning Board
of Adjustment meeting; Mr. Lane seconded. The minutes were approved with a
BOARD OF ADJUSTMENT • PAGE 1 • JULY 18, 2012
unanimous vote in favor.
IV. REGULAR AGENDA
1. Case V 12-03
Request for a variance from Section 3080 Development Regulations to
reduce the minimum lot size requirement from 8,500 sq. ft. to 7,500 sq. ft.
within a Single Family -1 (SF -1) zoning district
3702 York Street
Chairman Nimz announced Mr. Maroney would abstain from voting and alternate
member Mr. Yonts would vote in his place.
Mr. Odom stated this variance request is to approve a 7,500 square foot lot to be
buildable in a Single Family -1 (SF -1) zoning district. Lots in SF -1 are required to be no
smaller than 8,500 square feet. This lot was created prior to the adoption of the Zoning
Ordinance. The applicant is Judy Vu.
Sixteen (16) surrounding property owners were notified of this request. No (0)
responses were received.
Qualifying Criteria:
a. Special conditions or circumstances which are peculiar to the land, structure or
building.
The applicant stated "This lot existed 'as is' (7,500 sq. ft.) prior to May 20, 1985
and therefore should not be required to meet the minimum 8,500 sq. ft. lot size".
Staff's response was the applicant's engineer provided documentation showing
the land was subdivided and the current configuration was established prior to the
adoption of the Zoning Ordinance.
b. Special conditions and circumstances do not result from the applicant's actions.
The applicant stated "The applicant purchased the lot `as is' and was not
responsible for the non-compliant size."
Staff commented this lot was created prior to the [zoning] regulation. The
substandard lot size is not a result of any action taken by the applicant.
C. The literal interpretation of the provisions of this ordinance would deprive the
applicant of a right commonly enjoyed by other persons.
The applicant stated "The ordinance would render this lot undevelopable."
Staff concurred that, without granting a variance, the lot would remain
undevelopable.
BOARD OF ADJUSTMENT • PAGE 2 • JULY 18, 2012
d. The granting of the variance would be in harmony with the objectives of the
ordinance and would not confer upon the applicant any special privilege.
The applicant stated "Since this lot was existing `as is' prior to May 20, 1985 (by
no fault of the applicant), granting this variance would simply comply with the intent of
the ordinance."
Staff responded stating granting the variance will be in harmony with the
objectives of the ordinance and will not allow a use that is prohibited in an SF -1 zoning
district.
Mr. Garcia 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. In summary, staff
determined granting the variance would not be contrary to public interest. A special
condition exists that has created a hardship that is not a result of the property owner's
actions. Granting this variance will only approve activity that is permitted by the Zoning
Ordinance in a Single Family -1 zone. Mr. Odom continued by stating the variance is
consistent with the intent of the Ordinance and will benefit and be advantageous for the
neighborhood and overall public welfare.
Chairman Nimz asked if there were segmented lots in this area that resulted in lot sizes
of less than the minimum for SF -1; Mr. Odom agreed and further commented the
applicant's engineering firm provided documentation that the land was subdivided prior
to 1985. The result is the parcel in question today. Had someone applied for a permit
to construct a house on that lot prior to 1985, it would have been permitted without
coming before a board to get a variance. Chairman Nimz asked if the lot complied with
the neighborhood and the Zoning Ordinance with the exception of its size; Mr. Odom
replied affirmatively. Mr. Odom noted the minimum lot frontage in SF -1 is 60 feet and
this lot does comply with that requirement.
Mr. Lane made a motion to approve the Evaluation Criteria and grant the variance; Mr.
Yonts seconded. The motion carried.
2. Adoption of the Zoning Board of Adjustment of the City of Wichita Falls
Rules of Procedure
Chairman Nimz noted Mr. Maroney was no longer abstaining and would proceed as a
regular member; Mr. Yonts resumed the alternate member status of not voting on
decisions.
Mr. Odom stated the Zoning Ordinance requires the Zoning Board of Adjustment to
adopt its own rules of order and procedures to regulate meetings of the Board and the
related activities.
He noted Section 4.6 Consideration of Evidence stated Board members should
consider only the evidence and testimony presented at the meeting and the background
BOARD OF ADJUSTMENT • PAGE 3 • JULY 18, 2012
information presented by staff in the agenda book. Independent investigations
considering an application should be avoided by members.
Mr. Odom explained Section 7.1 Expiration of Granted Request stated a case that is
granted a variance has 180 days to obtain a building permit or Certificate of Occupancy.
If either of those two items should not be granted, the variance becomes void and this
process repeated. He noted the one change to be made in the Rules was the
Certificate of Occupancy must be applied for within 180 days instead of one year.
Chairman Nimz asked Mr. Hegglund if the Legal Dept. had reviewed the Rules of
Procedure. Mr. Hegglund stated his office wrote the Rules in order to clarify some
issues noted over the last few years and the Rules should aid in smoother Board
proceedings. Mr. Hegglund continued by stating this Board would be less likely to run
afoul of any State law provisions with the new Rules of Procedure.
Mr. Maroney made a motion to adopt the Rules of Procedure; Mr. Lane seconded. The
motion carried.
V. Adjourn
The meeting adjourned at 1:50 p.m.
Dustin Nimz, Chairman
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