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11/02/2021 MinutesSPECIAL MEETING MINUTES CITY OF PARIS BOARD OF ADJUSTMENT CITY OF PARIS - CITY HALL COUNCIL CHAMBERS CONFERENCE ROOM PARIS TEXAS TUESDAY NOVEMBER 212021 12:00 O'CLOCK P.M. The Board ofAdjustment meeting was called to order by Ruth Ann Alsobrook at 12:01 p. m. The following members were present: Ruth Ann Alsobrook, Jerry Haning, William Sanders, Larry Walker and Sequoia Bruce. Also present were Andrew Mack, Stephanie Harris and concerned citizens. 2. Approval of minutes from previous meeting. (October S, 2021) Motion was made by William Sanders, seconded by Sequoia Bruce to approve minutes for the October 5"', 2021 meeting. Motion carried 5:0. Public hearing to consider and take action on the petition of William and Stephanie Bailey on Lot 19, Block A, of the Westgate Addition being located at 4030 Sage Trail. The petition requested a variance to the Build Line of 35' as indicated on the plat. The applicant is requesting a 17' variance to reduce the platted front build line from 35' feet to 18' for a carport only. Andrew Mack, Director of Planning & Community Development, presents case to the board. The applicant is requesting a 17' variance to the minimum plat build line of 35'. The requested variance is intended for the construction of a 20' x 25' garage addition on the house to increase the total garage vehicle space. The proposed addition in front of the existing garage would be over the existing driveway. This would result in a front yard setback of approximately 18'. Lastly, Andrew states that the City is recommending denial of the variance. Andrew Mack made note of citizen input forms submitted by mail as follows: William and Stephanie Bailey, property owners, in favor of the request to allow the construction -of the carport to protect his investments (cars). Mike and Della O'Neal, of 4040 Sage Trail, in favor of the request since the Baileys' yard is well kept. Timothy Stephens, of 460 SW 41St St, in favor of the request. Billy and Fay Stephens, of 510 SW 41" St, in favor of the request since the Baileys' are one of the best neighbors they have. Public hearing was declared open. No one spoke in favor or opposition. Public hearing was declared closed. Chairperson RuthAnn Alsobrook, makes note of the neighboring property to the west that seems to have a similar addition on their home for storage. William Sanders, board member, speaks in favor of the denial since he believes not allowing the construction of the carport will protect the appearance of the neighborhood. Larry Walker, board member, makes note of the several accessory structures that already exist. Sequoia Bruce, board member, states that the construction of the carport in the front would not be cosmetically appealing on the front of the home versus being built on the side or in the rear yard. She also makes note that there does not appear to be any carports constructed in the front in the surrounding area. Jerry Harting, board member, speaks in favor of the variance by mentioning the input letters from the neighbors in favor of the carport and since the carport will be open and not closed like the structure on the neighboring lot. Chairperson RuthAnn Alsobrook speaks in favor of the variance stating that it is a quiet street, little traffic and does not see it being a safety issue. Motion was made by William Sanders, seconded by Larry Walker to deny the 17' variance to the Build Line for the construction of a carport based upon the following staff recommended findings of fact. Motion carried 3:2, with Jerry Haning and RuthAnn Alsobrook as the dissenting votes. Staff Recommended Findings of Fact 1. There are no unique conditions or features of the property not generally in common to other properties in the development. 2. There is no hardship identified with this request given the fact that the lot is developed consistent with other single-family dwelling in the immediate vicinity of the subject property. 3. The granting of the variance will violate the spirit or the intent of the Zoning & Subdivision Ordinances of the City and the original intent of the 35 ft. front yard setbacks established for the Westgate Addition. 4. The condition or feature which creates the need for the variance results from the property owner's own intended actions. The need is self-imposed for additional garage space in the front yard where parking is otherwise allowed without a structure in violation of required setbacks. 5. The variance by the applicant is solely for personal convenience. 4. Public hearing to consider and take action on the petition of Adam Bolton, on behalf of JAB Heritage Properties, on Lot 1, Block D, of the Hilltop Subdivision #2, being located at 405 and 415 NE 25th Street. The petition requested a variance to the Build Line of 25' as indicated on the plat. The applicant is requesting a 2.1' variance to reduce the minimum plat Build Line of 25' to 22.9'. The requested variance is intended to permit construction of a new duplex. Andrew Mack, Director of Planning & Community Development, presents case to the board. The forms for the project were set to line up with the existing duplex homes north along 25th Street. Given this is the last duplex to be constructed on the lot, it appears that the build lines of all structures were at a very slight angle gradually moving the fronts of the homes closer to the street over time as construction proceeded. This appears to be an unintentional consequence of the previously constructed duplex residences. Lastly, Andrew states that the City is recommending approval of the variance. William Sanders, board member, asks if the forms have already been set to which Andrew confirms that they have been and the discrepancy was discovered when the form board survey was conducted. Public hearing was declared open. Adam Bolton, of 466 CR 42540 and applicant, explains that the forms were set to be in line with the neighboring, existing duplexes under the assumption that they met the required 25' build line and it was discovered during the form board survey that the house was 2.1' over the build line. Chairperson RuthAnn Alsobrook, ask how much it would cost to reset the forms to be in compliance to which Adam replies it would be $12,000.00 and the setback in time would cost him additionally as well. No one else spoke in favor or opposition. Public hearing was declared closed. Motion was made by Jerry Haning, seconded by Larry Walker to approve the 2.1' variance to the required 25' Build Line to allow the construction of the duplex with a 22.9' build line based upon the following staff recommended findings of fact. Motion carried 5.0. Staff Recommended Findin �s of Fact 1. There is a unique condition of the property in common to other properties in the development. 2. There is a hardship identified with this request given the fact that the lot is being developed consistent with other duplex dwellings adjacent to the subject property and in line with others along the street. 3. The granting of the variance will not violate the spirit or the intent of the Zoning & Subdivision Ordinances of the City and the original intent of the 25 ft. front yard setbacks established for the Hilltop Subdivision. 4. The condition or feature which creates the need for the variance does result from the property owner's actions, but is in keeping with building line conditions of the adjoining properties to the North. 5. The variance by the applicant is not intended solely for personal convenience. 5. Adjournment. APPROVED THE 4TH DAY OF JANUARY, 2022. P --Ci ,.i " e ......----------