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06/09/2005 MINUTESMINUTES SPECIAL MEETING CITY OF PARIS BOARD OF ADJUSTMENT CITY HALL WEST ANNEX CONFERENCE ROOM 150 1ST STREET S.E. PARIS, TEXAS THURSDAY, JUNE 9, 2005 12:00 O'CLOCK NOON The Board of Adjustment Board meeting was called to order by Chairman John Mark Spencer at 12:00 p.m. A. The following members were present: Terry Christian Rodney Bass Howard Corriston Kyle McCarley B. The following members were absent: Alternates: Richard Manning David Glass C. Also present was Lisa Wright, Director of Community Development. 2. Approval of minutes from previous meetings. Motion to approve the minutes of the April 18, 2005, and May 9, 2005, meetings was made by Terry Christian, seconded by Rodney Bass. Motion carried 5 -0. 3. Public Hearing to consider the petition of Paris Living to grant a variance of Zoning Ordinance No. 1710, Section 9 -502, for a 6.6 foot variance from the front property line setback along W. Austin Street (the property is a corner lot and therefore has double frontage), on Lot 2, Block A, Lone Tree Corner Addition, locatedat2557th Street S.W. Linda Ridderof Paris Living explained to the Board that the contractor made a mistake and measured the setback from the existing curb line instead of the right -of -way line, thus constructing the house with a smaller setback than the plat established. She apologized to the Board for the error and asked the Board to grant a variance to establish a setback to where the house currently sits. 4. Consideration of and action on the petition of Paris Living to grant a variance of Zoning Ordinance No. 1710, Section 9 -502, for a 6.6 foot variance from the front property line setback along W. Austin Street (the property is a corner lot and therefore has double frontage), on Lot 2, Block A, Lone Tree Corner Addition, located at 255 7th Street S.W. Terry Christian stated that the problem was on the Austin Street side since the house lined up on the other June 9, 2005 Page 2 street with the front of the house next door. He stated what was there now was much better than what was therein the past. Motion to grant the variance was made by Rodney Bass, seconded by Howard Corriston. Motion carried 5 -0. 5. The meeting adjourned at 12:08 p.m. APPROVED THIS DAY OF , 20 Chairman 5800 Lamar Avenue, P.O. Box 26 ■ Paris, Texas 75460 903.739.9947 ■ fax 903.739.5 104 ■ 2005 OFFICERS Date: July 1, 2005 President Susan Lancaster To: Board of Adjustments — City of Paris Living Vice President Doyle Whitaker From: Linda Ridder, Executive Director Treasurer Philip Cecil Re: Variance Requests — 905 E. Polk Secretary Paul ftwaske Background & Current Situation: In June 2005, in the process of BOARD OF obtaining construction financing for this property, we were advised DIRECTORS that the far southeast side of the property was barely Brad archer (approximately 6 ft at the very front) inside the 100 year flood Mary Clark boundary line. (See attached sketch by Hayter Engineering). In Olivia Johnson Sims Ncorment order to build here without expensive flood insurance for us and for Bill Payne our buyer, it would be necessary for us to place the foundation as Don Wilson far to the west of the property as allowable. I called Lisa Wright and was told that the side set -back must be a minimum of 5 ft from the property line and our construction manager was advised to proceed under that guideline. However, the construction manager mistakenly assumed that the fence line of the adjacent multi - family property was the property line, when in fact the property line was approximately 2 feet further east from the fence. The construction manager took the added step, knowing the adjacent property was 98 feet, of measuring from their west fence line to the east fence line and found it to be approximately 98 feet. He later found that the west fence of the adjacent property was approximately 2 feet over the property line of the property to the west (also owned by Paris Living — 855 E Polk) However, at this point the foundation at 905 E. Polk had already been poured and was erroneously placed approximately 2 feet too close to the adjacent property line. It is important to point out, however that approximately 11 feet still remain between the structure on the adjacent property and the foundation of 905 E. Polk. Page 1 of 2 Therefore, we must appeal to you, the Board of Adjustments, for the following variance: 905 E. Polk: along the western boundary of the property, we are requesting a variance from the required 5 feet side set- back, to 3.3 feet on the north end of the structure, and 2.8 feet on the south end of the structure. This is the location of the current foundation which was poured prior to the attached survey, which called our attention to the matter. As a non - profit community development corporation, we apologize once more for the learning curve we are experiencing in building on these abandoned in -fill lots in the older areas of Paris. We assure you that our intentions are only for the revitalization of inner -city neighborhoods; providing well - built, affordable homes for the low - moderate income families of Paris and returning once abandoned properties back to the tax rolls. This home has a contract on it and was scheduled to close by mid -to late July. To date, we have closed on 10 homes, returning 10 properties, selling at $61,500 each, and back to the tax rolls. In three instances we tore down sub - standard houses in order to do so. These are homes that would have been red - tagged by the city and would perhaps have had to be torn down at City expense. Including the home for which we are asking this variance, we currently have 3 homes sold and under construction and 3 more under contract, with construction to begin soon. All labor and materials are procured locally; therefore when those homes currently under construction, or for which construction will start shortly, are completed Paris Living will have put over $800,000 back into the economy of the City of Paris in less than 2 years. We hope you will agree that this, along with the increased property value created by our efforts will have a tremendous impact on the downtown neighborhoods - not to mention the impact on the families who are our clients and for whom we are making the American Dream of homeownership a reality. We thank you for your understanding and consideration of our request for this variance. Page 2 of 2 Q — N w —4 CA y Q��/ �.2y 9o-s� '*U 50 11 M Atoll 50 L , VEDA R 5 0 11 I I - 1z; Id p 1, IA w It is 11 *1 5,4 54 w W p' �T 50 ,1 u 11 �o 11 11 „ BG3' fj „ . 11 ,1 50 w p W C D N , -�I CCA � W T45� p C Q — N w —4 CA 50 11 M Atoll AO , 5 0 11 I I - 1z; Id p 1, IA w It is 11 *1 5,4 54 w W p' fj CA I 4r9 °► CA C D Q 0 — — N 11115 0 54 5 62 50 - la 1,1 w _ 54 54 _ _ t 0 A w N 25 C� �I 01) C n IOD CA c, F2 f '1 CQ .....,.... ... ..... ..... .tom"'%.✓ .� ...,.....�....„�...,.. ALL T"AT CERTAIN TRACT 404 rAK.& OF L404D IN VxMAR COUNTY, TLXAS. BEJ140 LOT 004 25 IN BLOCK ONE (1) OF THE GIEMONS PARK ADDITION WITHIN THE CORPORATE bUiTs of Ttit CITY of PARIS, PART Or lmr LARKJN RA-rFAN SURVEY, ACCORDING SO NAT OF SUCH ADDITION OF RECORD IN E"VELOPC 2—C (VOOK 1. ^—A0E 6), LAMAR CO(O" PLAT RVWRDS. I 601001 NAEY (20' w ILO-Wj SWSr4l"E i-� p WT 25 7,44 SQ. FT. ey 0.17 AcRr LOT LOT 24 26 V) t WEST 50.001 SURVEYWR Nolm 4) 9LA&M41t. NSTAWCRR� DUMM UNEt. AND ZWWEW73 OLK PER KWMKD Kil �WL93$ a-PIRMWIS1 SPECInp, L) NO USEKtW R.K;M WARW WAS MADE 1Y THIS OMM 011MIXIMIR4 11415 MPMY. I. Aoshuft N~ Afts 6706, 6o h—bv or!" 104 1* Th• Omp. LIX-, - AN,; 119M. Loon A-maumm, an 4"d• ,, asa Oft hot ft 061 of Swv*l h... hw"m in 0 ft-ot cow aame&* -0—maqo of r- P-9-1y IN," an4 a's W th; loa.111- 01141 ?VP. •f k.r-6140 OM " ol.-ft -W DMCPY AS SMWN. 40 IMp" lb MlFft Qf4 1*04"d wilblA inn fie. 10ftcM INdmild GAG 1116ft OM %0 0AWA vW -pp—if iw000fiffl-l- 1"ONSWA an N. OMWI,& W. At .d'" Plp."* shad b. .1 .-', own msk *#a oar Iams 10*411*9 0— a- fA lleV:: V" .0 ftm t z .W=' -m w Dwrl 42 WLIORM myl "UNK 41% M bo� aw~ d, M "o WHUR SKINS, MS 74-47 low -.;;w7 , �f-tt- d §9 PARIS CODE subsurface structures, platforms or slabs or fences may not project into the front yard to a , height greater than forty (40) inches above the average grade of the yard. (See appendix illustration 5) (Ord. No. 2562, § 1, 3- 16 -81) 4. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed. (See appendix illustration 6) 5. If thirty percent (30%) or more of the frontage on one side of a street between two intersect- ing streets in any residential district is improved with buildings prior to the effective date of this ordinance that have observed an average front yard line with a variation in depth of not more than six (6) feet, then the average front yard so established shall be observed; provided, however, that this regulation shall not be interpreted as requiring a front yard line of more than fifty (50) feet. (See appendix illustration 8) 6. In the MF -2 District, a minimum front yard of twenty (20) feet shall be required provided, however that in no case shall the distance from the centerline of the street on which a building fronts to the front face of the building be less than one -half ('/2) the height of the building. 7. In the PD District, the following front yards shall be provided: Commercial or retail development —Sixty (60) feet except drive-in service build#Igsp may have a minimum thirty (30) foot yard and gasoline service station pump islands ;nay not be located nearer than twelve (12) feet to the front property line. (Ord. No. 1922, § 1, 8- 11 -69) Housing development— Twenty -five (25) feet. Industrial development — Thirty (30) feet. Office, medical or other development — Twenty (20) feet. !� 8. Gasoline service station pump islands may not be located nearer than twelve (12) feet to the front property line. 9. In the CA, C, LI and HI Districts no front yard is required except that no structure may be erected nearer than thirty (30) feet to the centerline of any street upon which such structure fronts. (Ord. No. 2075, § 8, 3- 13 -72) 10. In the PLI District the front yard shall be no less than that required by the adjacent district. (Ord. No. 2075, § 9, 3- 13 -72) 9 -600 SIDE YARD: 9 -601 In the following zoning districts the minimum required side yard shall be in accordance with the following schedule and no building, structure or use shall hereafter be located so as to have a smaller side yard on each side of such building than herein required: (1) Schedule minimum side yards — Residential districts (Ord. No. 2122, § 1, 12- 11 -72) 3056 A SF -1 SF -2 SF -3 2F MF -1 MF -2 PD cd Cl v cd c0 p v c�i �A .� oA ... OA .� OA E+LawAwA aAA Side Yard Residential Structures Five (5) Feet Required in Each Side Yard See Maximum Required Except As Provided in 9- 602(1) Through (6) 9- 602(7) Width in Feet (Ord. No. 2122, § 1, 12- 11 -72) 3056 Lisa Wright City of Paris Annex PO 9037 Paris, TX 785460 Dear Ms. Wright,. Drew Temple 620 Twin Oaks Place Paris, TX 75460 CE D, JUL 15 ",O`' CJNITY DEVE. N` ".-.�' This letter is to request a variance which would allow me to add a carport addition to the west side of my garage at 620 Twin Oaks Place. I have enclosed a survey plat of my property, and have marked the proposed addition with a pink marker. Being able to build as close to my property line as possible would allow me the best use of my lot and would allow a much more usable carport size. Thank you for your attention. S- erely, _ r� 7 I ; 0 8 3.1 3 6 a _ 10 r 1174— - Io`L // ! ! M 44.66' — — so $ p 3)9_ ©T 8 O 50, W 0 1' !!I 5 r �S ' S' // off' !�� 44.66 f c !2 I / 1 Ii 4 1.2 �c 115' 15 1 10 90.01 al ,l 1 I t �o o } is 5 I 14 q = L -0 V�_ 5 123:9 2431 5......... O 8. A = o b- LLEN 6 p J23.1 J Q. �L . 0 6. - o p 115 L 1l5."T 4 ,, ;5Z f I im 3. O `- - 9 too' - ko 10 1 302,1. -..._ _ r �S 142.15' 113 100' � I LOO' Sd: ,. _..... ..- / ®3 3100 3 /sa 31 9 0' i #7.4'• 4 y,139; SURVEY PLAT BEING A LOT, TRACT, OR PARCEL OF LAND SITUATED iN THE GEORGE COX SURVEY, ABSTRACT NO. 164, PARIS, LAMAR COUNTY, TEXAS, AND BEING ALL OF LOT 5, BLOCK G, OF JOHNSON'S WOODS SUBDIVISION, AND ADDITION TO THE CITY OF PARIS AS RECORDED IN PLAT ENVELOPE NO. 169 —A, PLAT RECORDS, LAMAR COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND CONVEYED TO OWEN TRULOCK ET UX, BY WARRANTY DEED, AS RECORDED IN VOLUME 1230, PAGE 252, REAL PROPERTY RECORDS, LAMAR COUNTY, TEXAS. ALLEN STREET (50' R.O.W.) e SAN SEW PLAT S89.44'00 "E wANNOLE MEAS. S89.28'20 "E 106.70' . w,0 alD ••: e:a .. ' :a. LNG— yp— pp -. uNr— AI" —• - _o'Y a.9 • ?': <: 11.057 SO. FT. -� i:•;: a; •R: 0.25 ACRES LOT 5 Z a.•.v:''• .,.v:• p 0 O 55.5' xe Y n p N W CA Tv ONE STORY ° 00 D °0 BRICK & FRAME W "620 TWIN OAKS" Z O. O m p 10-1' 0 d f ;, 2.0' m 0 n+c r T c 10.7' CD N a... 0 O A Z U! .. >I 2.8' LOT 6 � o.r sp 35.4' Cw D= 12"38'28" / R= 60.00' T1s.00• �'" °•G' or CM L= 13.25' CM�, •..... • R' °. CB= SO7'03 38 E IA�'4f,. Nt59 44'00 "W 115.7.0'- �..:•.::..o =..:::::.� :;.a: . " LOT 7 \ LOT 4 ,/rG: ` „:• ?;::� • y ^:: ?•:: :a' CD= 13.21' SURVEYORS NOTES: 1) ALL BEARINGS, DISTANCES, BUILDING LINES, AND EASEMENTS ARE BY RECORDED PLAT UNLESS OTHERWISE NOTED. 2) THIS TRACT MADE SUBJECT TO THE FOLLOWING RESTRICTIONS AND EASEMENTS: VOLUME 415, PAGE 438, DEED RECORDS, LAMAR COUNTY, TEXAS VOLUME 321, PAGE 572, DEED RECORDS, LAMAR COUNTY, TEXAS VOLUME 318, PAGE 601, DEED RECORDS, LAMAR COUNTY, TEXAS I, J.R. January, do hereby certify to: Dr. Samuel Temple, as borrower, Guaranty Bond Bank, as lender; and Stone Title Company, in regards to G.F. No. 038852UG: That the Plat of Survey shown hereon is a correct and accurate representation of the property Imes and dimensions are as Indicated; the location and type of buildings are as shown; and EXCEPT AS SHOWN, all improvements are located within the boundaries the distances Indicated and there are no visible and apparent encroachments or protrusions on the ground. Use of this survey by any other parties and /or for other purposes shall be at user's own risk cnd any loss resulting from other use shall not be the responsiblllty of the undersigned. ACCEPTED BY: SIGNATURE DATE SIGNATURE DATE Drawn By: J.B.K. Scale: 1"=.301 Date: 09/22/03 Borrower: `ob No. 03418 -1 J w CONTROWNO MONUMENT LEGEND 0 1/2' IRON ROD FOUND 0 POWER POLE @) SEPTIC TANK 0 s /e' IRON ROD SET A/C AIR CONDITIONING -N GUY WIRE 0 1' IRON PIPE FOUND ® WATER METER ® WATER VALVE 0 FENCE POST CORNER GAS METER ® GAS VALVE 0 'X' FOUND IN CONCRETE - Ga - oM — OVERNEAD ELECTRIC UNDERGROUND EIEC,RIC — G,. — p,• M OyuR.J_YE IiO PO'A'ER UNE, Q OVERNEAO E2 CTPoC f ASPHALT PAVING —O —O— CHAIN UNK FENC4 A L6 A6 A6 GRAVTl RORD —O —O— WOOD FENCE CONCREf[ PAVING —x —x— BARBED WIRE —fU— IRON FENCE L® CGVERED PURCN. MCI` oR CARPORT /// PIPE FENCE J DOUG CONNALLY & ASSOC., INC. 458 HILLCREST DRIVE SULPHUR SPRINGS, TEXAS 75482 PHONE: (903) 438 -1200 FAX: (903) 438 -1266 I §12 PARIS CODE (b) A-clear glass front, twelve (12) inches Section 13. Accessory Building Regulations_ N%NOO from ceiling to a maximum of twelve 13 -100 DEFINITION AND USE REGULATION (12) inches above the floor shall be required so as to ensure.adequate vis- a. In a residence or an apartment dis- ibility of all portions of the interior of trict, an accessory building is a sub - the store used for retail sales. No ad- ordinate building, attached to or de- vertising, posting of signs, displays, tached from the main building, without curtains, drapes, or other obstruction separate bath or kitchen facilities, not shall prevent a clear view of the inte- used for commercial purposes and not rior of such establishment. rented or leased. (c) Display aisles shall be perpendicular b. In other districts, an accessory build - to the front with a minimum five (5) ing is a subordinate building, the use foot aisle to provide visibility to the of which is incidental to and used only rear wall of sales area and all access in conjunction with the main building. (d) No lighted signs advertising alcoholic 13 -101 AREA R EGULATIONS FOR ACCES- SORY BUILDINGS IN RESIDENTIAL larger than four (4) square AND APARTMENT DISTRICTS feet shall be attached to the building. Animated signs or blinking lights or a. Front Yard Attached accessory build - detached signs will not be allowed. ings shall have a front yarA pot less (e) There shall be sufficient exterior light- than the main building. DptAched ac- ing to illuminate the front, rear, and cessory buildings shall 4 located in sides of the building to at least ten the area defined as the rear yard. (10) foot - candles, five (5) feet above the b. Side Yard There shall be a side yard ground along the exterior walls, ac- not less than three (3) feet from any cording to measurements by the City side lot line, alley line or easement Building Official. line, except. that adjacent to a side (f) Drive -in windows shall not be allowed. street the side yard shall never be less (g) There shall be no permit issued to con- than fifteen (15) feet. struct a building to sell alcoholic bev- c. Rear .Yard There shall be a rear yard erages where an establishment allow- not less than three 0 feet from any ing dancing lies within three hundred lot line, alley line or easement line, (300) feet. except that if no alley exists, the rear (h) There shall be a burglar alarm con- yard shall not be less than ten (10) . netted to the police station. feet as measured from the rear lot line. (i) There shall be no specific use permit In residential districts the main build - issued to sell alcoholic beverages within ing and all accessory buildings shall three hundred (300) feet of any church, not cover more than fifty (50) percent public school, hospital or public park. of that portion of the lot lying to the (Ord. No. 2074, § 5, 3- 13 -72) rear of a line erected joining the mid - point of one side lot line with the mid- point of the opposite side lot line. Car - 12 -104 Where a building permit is applied for in ports, garages, or other detached ac- conjunction with a public dance hall as cesaory buildings located within the provided for in Section 8 -107 of this ordi- rear portion of the lot as heretofore nance, no permit shall be issued if the described shall not be located closer building is within three hundred (300) feet than fifteen (15) feet to the main builq- of an existing package store or wine and ing nor nearer than three (3) feet to beer retail sales store. (Ord. No. 2074, § any side lot line. (See appendix illus- 5, 3- 13 -72) tration 3) Supp. No. 21 3064