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04/02/2013 MINUTESMINUTES SPECIAL MEETING CITY OF PARIS BOARD OF ADJUSTMENT CITY OF PARIS - CITY HALL COUNCIL CHAMBERS 107 E. KAUFMAN STREET PARIS, TEXAS TUESDAY, APRIL 2, 2013 12:00 O'CLOCK P.M. The Board of Adjustment meeting was called to order by Rick Hundley, Chairman, at 12:00 p.m. A. The following members were present: Rick Hundley Jerry Harting Nathan J. Bell V. Charles Richards Allen Moore Marilyn Smith B. The following members were absent: Bryan Glass C. Also present was Shawn Napier, Director of Engineering, Planning and Development; Sue Lancaster, Council Member; and Ashley Fendley, City Staff. 2. Approval of minutes from previous meetings. (January 8, 2013) Motion was made by Allen Moore, seconded by Jerry Haning to approve minutes for the January 8, 2013 meeting. Motion carried 6 -0. 3. Public hearing and consideration of and action on the petition of Doyle Whitaker to grant a variance of Zoning Ordinance 1710, Section 9- 201(1) which provides that the "minimum lot width in a Two Family Dwelling District (2F) be no less than 60 feet" to allow a minimum lot width of 41.07 feet, which is a 18.93 foot variance, on Lot 7 -C, City Block 79, being number 205 West Provine Street. Public hearing was declared open. A. No one spoke in favor of the petition. B. No one spoke in opposition. Don McKnight, 764 3rd Street N.W., didn't speak for or against the petition. Mr. McKnight stated that 205 West Provine Street is showing a piece of his property on the east boundary of 3rd Street N.W. on the map. Shawn Napier stated that the final plat will not show that piece of his property when it is presented to the Planning and Zoning Commission. Public hearing was declared closed. Motion was made by Charles Richards, seconded by Marilyn Smith to approve the variance request. Motion carried 6 -0. 4. Public hearing and consideration of and action on the petition of Barney Bray III to grant a variance of Zoning Ordinance 1710, Section 9 -301 (1) which provides that the "minimum lot depth in a Multiple - Family Dwelling District (MF -1) be no less than 120 feet" to allow a minimum lot depth of 100 feet, which is a 20 foot variance, on Lot 1, 2,3 & 4, City Block D, of the proposed Hilltop Subdivision #2, being located in the 400 Block of 25`h Street of N.E. Public hearing was declared open. A. One individual spoke in favor of the petition. Josh Bray, of Paris Texas, spoke in favor of the petition. Mr. Bray stated he has developed duplexes on the 400 block of 25th Street N.E. and was not aware that the lot depth didn't meet the standard to build on. Mr. Bray further stated that he was seeking approval for a variance to allow a minimum lot depth of 100 feet, which is a 20 foot variance, to be able to continue to building duplexes on this lot. B. No one spoke in opposition. Public hearing was declared closed. Motion was made by Allen Moore, seconded by Jerry Haning to approve the variance request. Motion carried 6 -0. 5. Public hearing and consideration of and action on the petition of JJJasper Enterprises to grant a variance of Zoning Ordinance 1710, Section 9 -301 (1) which provides that the "minimum lot depth in a Two - Family Dwelling District (2F) be no less than 100 feet" to allow a minimum lot depth of 72.91 feet, which is a 2 7.09 foot variance, on part of Lot 10, 11 and 12, Block 6, of the Highland Park Addition, being number 555 20`h Street S.E. A. Two individuals spoke in favor of the petition. Ron Mayes, 335 Timber Lake, spoke in favor of the petition. Mr. Mayes stated he is the property owner and he is trying to get a variance to allow him to develop two single family homes. Mr. Mayes further stated that he could only see improvement to the neighborhood with building these structures. Hayden Swaim, 3645 Reno Drive, spoke in favor of the petition. Mr. Swaim stated he is the contractor for Mr. Ron Mayes. Mr. Swaim further stated he has built several of these structures before and they are extremely nice homes. B. Seven individuals spoke in opposition. Jean Ferguson, 544 20th Street S.E., spoke in opposition to the petition. Mrs. Ferguson stated she had a concern that it would bring the market value down on their neighborhood and there would be no yard left with the structure they want to build. Kerri Priest, 2020 Simpson Street, spoke in opposition to the petition. Mrs. Priest stated she had concerns about there being no parking and this area has too much traffic for people to park on the street. Mrs. Priest further stated that she felt the same way as Mrs. Jean Ferguson that it would bring the market value down on their neighborhood. David Hobbs, 2021 Simpson Street, spoke in opposition of the petition. Mr. Hobbs stated that the property is able to build on but Mr. Swaim and Mr. Mayes are trying to configure the structure in the wrong way which would require a variance. Mr. Hobbs further states that he is against the variance and has five reasons; it's not desired in the neighborhood, it's not good for health and safety, hardship, scale of the property and it would be granting special privileges. David Darrow, 2108 Simpson Street, spoke in opposition of the petition. Mr. Darrow stated he had concerns that market value in the neighborhood would drop and parking might cause traffic issues. Betty House, 545 20th Street S.E., spoke in opposition of the petition. Mrs. House stated she had concerns that market value in the neighborhood would drop, parking might cause traffic issues and the shade trees would be gone. Jim and Phalia Blassingame, 1941 Clarksville Street, Shawn Napier read their email into the record in opposition of the petition. Mr. and Mrs. Blassingame stated they feel there is a valid reason for the minimum lot depth of at least 100 feet which Zoning Ordinance 1710 requires. There is a wonderful duplex across the street that has parking in the back, a beautiful yard and they never have to park in the street. If a Two - Family Dwelling were to be built at 555 20' Street S.E., those benefits would not exist and the living conditions would be cramped at best. David Lederer, 554 20th Street S.E., spoke in opposition of the petition. Mr. Lederer stated he had concerns that parking might cause traffic issues and there is just no room for a two - family dwelling home. Public hearing was declared closed. Motion was made by Charles Richards, seconded by Marilyn Smith to deny the variance request. Motion failed- 2 ayes, with Committee Members Nathan J. Bell V, Jerry Haning, Allen Moore and Rick Hundley abstained from voting. 6 Public hearing and consideration of and action on the petition of Kelly Coplin to grant a variance of Zoning Ordinance 1710, Section 9 -301 (1) which provides that the "minimum lot depth in a Two - Family Dwelling District (2F) be no less than 100 feet" to allow a minimum lot depth of 84.6 feet, which is a 1 S. 4 foot variance, on Lot I through 8, Block A, of the proposed Commons on Polk Street Subdivision, being located in the 2100 Block of East Polk. The petition also requested a variance of Zoning Ordinance 1710, Section 9 -701 (1) which provides that the "minimum rear yard in a Two - Family Dwelling District (2F) be no less than 10 feet" to allow a minimum rear yard of 7.5 feet, which is a 2.5 foot variance, on Lot I through 8, Block A, of the proposed Commons on Polk Street Subdivision, being located in the 2100 Block of East Polk. Public hearing was declared open. A. One individual spoke in favor of the petition. Kelly Coplin, of Paris Texas, spoke in favor of the petition. Mr. Coplin stated that he was seeking approval for a variance to allow to allow a minimum lot depth of 84.6 feet, which is a 15.4 foot variance and to allow a minimum rear yard of 7.5 feet, which is a 2.5 foot variance to be able to construct duplexes. B. One individual spoke in opposition. Renee Snell, 917 20th Street S.E., Shawn Napier read her letter into the record in opposition of the petition. Mrs. Snell has concerns about noise, parking issues and the market value on the neighborhood might go down. Public hearing was declared closed. Motion was made by Jerry Haning, seconded by Nathan J. Bell V. to approve the variance request. Motion carried 6 -0. 7. Meeting adjourned at 1:10 p.m. APPROVED THIS DAY OF MAY 7, 2013. 52� Rick Hun