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06/06/2023 MinutesMINUTES OF THE BOARD OF ADJUSTMENT MEETING OF THE CITY OF PARIS, TEXAS June 6, 2023 The Board of Adjustment of the City of Paris met for a regular session at 12 p.m. on June 6, 2023, at the City of Paris- City Hall, Council Chambers located at 107 E Kaufman St. Present: Board Members: RuthAnn Alsobrook, Larry Walker, Lydia Fitzgerald, Carlton Cooper and Alix Putnam. City Representatives: Andrew Mack, Robert Vine, Todd Mittge, Stephanie Harris and Council Member Gary Savage. Absent: Board Members: David Hamilton and Alternate Sequoia Bruce. 1. The Board ofAdjustment meeting was called to order by RuthAnn Alsobrook at 12: 04 p.m. 2. Approval of minutes from previous meeting. (April 4, 2023) Motion was made by Alix Putnam, seconded by Carlton Cooper to approve minutes for the April 4, 2023 meeting. Motion carried 4 ayes — 0 nays. 3. Public hearing to consider and take action on the petition of Bailey Asay regarding a lot width variance to the City of Paris Area Regulations, Section 9-201(1) on Lot 12, City Block 253B, being located at 2114 E Polk Street. Larry Walker arrived at 12:05 p.m. Andrew Mack, Director of Planning & Zoning, presented case to the board. Mr. Mack made note of the one input received in the mail as follows: Bernardo Luna of 2140 E Polk Street, in opposition. Ms. Alsobrook opened the public hearing. Audra Anderson of 2104 E Polk Street, spoke in opposition. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by Lydia Fitzgerald, seconded by Carlton Cooper to approve the 5' 3 1/" (5.27') lot width variance to the City of Paris Ares Regulations, Section 9-201(1) based on the following condition and findings of fact. Motion carried 5 ayes- 0 nays. Condition 1. All structure setbacks shall be met. Findins Board of Adjustment Meeting June 6, 2023 Page 2 1. The request for variance is in harmony with the general purposes and intent of site improvement regulations contained in the Zoning Ordinance 1710 Exhibit 9B and the Subdivision Ordinance 1315 Exhibit 9A; and will protect the character of the immediate vicinity of the area. 2. The approval of the variance for lot width will allow the plat to be approved without a condition for variance allowing a single-family residence to be constructed. 3. There are special and unique condition(s) of existing sub -standard lot width which are not applicable to all other existing parcels of land in the SF -2 Zoning District, and which cause unusual and practical difficulty or unnecessary hardship to the use of the property with site improvements permitted by the ordinance with the provision sought here to be varied. The residential lot was previously created, consistent with the adjoining residential lots, but was not officially platted. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created), but rather it is based upon existing site parcel dimensions to support new construction. 5. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of reasonable rights to use the property that are commonly enjoyed by other older residential properties in the SF -2 Residential Zoning District which are required to comply with these same ordinance provisions. Additionally, the lot width is within 91 % of the minimum lot width requirements and would already be buildable as a platted lot without a variance. 4. Public hearing to consider and take action on the petition of Tim Risinger of P -Town Properties regarding variances to the City of Paris Area Regulations, Section 9-501(1) on Lots 2-A and 2-B, City Block 258A, being located at 410 NE 20th Street, as follows: 1) S' front yard variance to 20 St NE. 2) 5' front yard variance to E Cherry St. 3) 5' front yard variance to 21" St NE. Andrew Mack, Director of Planning & Zoning, presented case to the board. Ms. Alsobrook opened the public hearing. Tim Risinger, applicant, of 550 CR 33970 in Powderly spoke about the plan for parking and garbage pickup to eliminate any traffic concerns. Gary Savage of 520 York Street, spoke in opposition. Staff member Paige Unger made note of the submitted input forms as follows: Mike Howard of 545 NE 21' Street, in opposition. Board of Adjustment Meeting June 6, 2023 Page 3 Linda Vandiver of 540 NE 21St Street, in opposition. Richard Bland of 335 NE 21' Street, in opposition. There was brief discussion between the board and staff about trash pickup. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by Lydia Fitzgerald, seconded by Carlton Cooper to approve the 5' front yard variances on 20th St NE, E Cherry St and 21' St NE to the City of Paris Ares Regulations, Section 9-501(1) based on the following condition and findings of fact. Motion carried 4 ayes- 1 nays, with Alix Putnam as the dissenting vote. Condition 1. The developer shall be required to pay for installation of no parking signs on the adjoining street frontages, as may be required and approved by the City's Traffic Commission. Findin .,s: 1. The request for variance is in harmony with the general purposes and intent of site improvement regulations contained in the Zoning Ordinance 1710 Exhibit 9B and the Subdivision Ordinance 1315 Exhibit 9A; and will protect the character of the immediate vicinity of the area. 2. The approval of the variances for front yard setbacks will allow approval of the replat without further condition for variance approval, will permit the redevelopment of the site with a much higher quality of development in a manner which will help to further address drainage inadequate drainage conditions on the site and adjoining neighborhood, and will further advance the housing redevelopment policies of the City through the 5 In 5 program. 3. There are special and unique condition(s) of existing lots which involve 3 street frontages and make it impractical to access all parking areas in the rear of the dwellings. The reduced front yard setbacks will allow for more practical vehicular movements with a single access point onto only 1 of the 3 roadways; while at the same time permitting additional greenspace and improved stormwater handling and landscaped aesthetics of the frontages without driveways on all sides. 4. The site redevelopment considerations are unique and not applicable to all other existing parcels of land in the MF -1 Zoning District. This causes unique, unusual and practical difficulty for to the proposed redevelopment of the property. 5. The hardship sought to be avoided is the result of (a) the applicant's own actions (self-imposed or self-created), but the existing site parcel dimensions support the need for minor deviation to the minimum setback standards in a manner which supports the new redevelopment Board of Adjustment Meeting June 6, 2023 Page 4 construction. 6. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of reasonable rights to use the property that are commonly enjoyed by other older residential properties in the MF -1 Residential Zoning District. 5. Public hearing to consider and take action on the petition of Bart Chadwick regarding lot depth variances to the City of Paris Area Regulations, Section 9-301(1) on Lots 1-14, of the proposed Chicota Court Properties being located at Parcel 116525. Andrew Mack, Director of Planning & Zoning, presented case to the board. Todd Mittge, City Engineer, informed the board of the Planning and Zoning Board's conditions upon approval of a final plat for this subdivision in reference to drainage. Ms. Alsobrook opened the public hearing. Paula Portugal of 2020 NE 38th Street, spoke in opposition. Bart Chadwick, applicant, of 275 PR 32502 spoke about the property being an existing multi -family zoned lot; though the lot is zoned multi -family they are looking to build single family homes to have a similar development to the neighboring subdivision if the variances are granted. Joseph Nelms of 690 SE 31" Street, clarified the zoning of the property. Gary Savage of 520 York Street, stated he believed the board needed more information to make a decision. Todd Mittge, City Engineer, made note again about the Planning & Zoning Board's condition that a drainage plan be submitted before Final Plat approval. Staff member Paige Unger made note of the submitted input forms as follows: Jay Janes of 3660 Brownwood Drive, in opposition. Tammy Smallwood of 3625 Brownwood Drive, in opposition. Robert Metzger of 3645 Brownwood Drive, in opposition. No one else spoke in favor or opposition. Public hearing was declared closed. There was discussion amongst the board and staff about concerns of the variances, drainage and traffic. Board of Adjustment Meeting June 6, 2023 Page 5 Motion was made by Carlton Cooper, seconded by Lydia Fitzgerald to approve the lot depth variances on lots 1-14 to the City of Paris Ares Regulations, Section 9-301(1) based on the following condition and findings of fact. Motion carried 5 ayes- 0 nays. Condition: 1. Drainage plan must be submitted and approved by City Engineer prior to Final Plat submittal and site improvements to subdivision. Finding's 1. The request for variance is in harmony with the general purposes and intent of site improvement regulations contained in the Zoning Ordinance 1710 Exhibit 9B and the Subdivision Ordinance 1315 Exhibit 9A; and will protect the character of the immediate vicinity of the area. 2. The approval of the variances for lot depth will allow the plat to be approved without condition for variance allowing single-family residences to be constructed. 3. There are no special and unique condition(s) of existing lot, but rather it is the proposed plat lot depths which do not meet the MF -2 Zoning District requirements. This causes a practical difficulty as to the use of the property under the current zoning district with the proposed plat site improvements in relation to the provisions sought here to be varied. 4. The hardship sought to be avoided is the result of (a) the applicant's own actions (self- imposed or self-created), and it is based upon the proposed lot dimensions. The plan does, however, provide for new single-family home construction which is a preferred land use for the site. 5. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of reasonable rights to use the property. The lots would not be buildable as proposed in the plat without a variance. 6. Adjournment. APPROVED THE 5T" DAY OF JULY, 2022-