349 Fitzhugh - (8 Variances) denied,r
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DECISION OF THE BOARD OF ADJUSTMENT, CITY OF PARIS, TEXAS
RE: Variance Request
Bradley Blair, Property Owner
Laura Caffey, Applicant Representative
Re: Variance Case 2/1/22 BOA Agenda: 349 Fitzhugh Avenue- LCAD 14586
Summary of Actions:
The City of Paris, Texas Board of Adjustments (BOA) considered action on the applicant's
request for 8 variances on 2/1/2022. The application was approved in part, and denied in part. As
a result, you are unable to obtain a building permit for construction of your carport that is
currently illegal and partially constructed without a permit. The following list of actions
summarizes the board's decisions on each of the eight (8) requested variances. Your violation(s)
remain pending legal action at this time. Should you decide to continue request for building
permit of your illegal structure, you will need to take the next steps:
1. Hire a surveyor to prepare a preliminary and final plat for the property as required by
City of Paris Zoning Ordinance Section 17-100(a) Creation of a Building Site.
2. Re -apply for the two (2) variances which failed to receive approval by the BOA as
detailed below.
ACTIONS REQUESTED: 349 Fitzhu h Ave- List of all requested Variances:
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1. Section 17-100(a) Creation of a Building Site which provides as follows:
No permit for the construction of a building or buildings upon any tract or plot shall be
issued until a building site, building tract or building lot has been created by compliance
with one of the following conditions:
a. The lot or tract is part of a plat of record, properly approved by the Planning and
Zoning Commission, and filed in the Plat Records of Lamar County, Texas.
Lot is not platted; variance is requested to waive the platting requirement for the
construction of the accessory structure.
Board of Adjustment Decision: Failed on a 3-2" approval vote (4 votes of approval required).
2. Section 9-102(1) Lot Area of the Area Regulations which provides as follows:
(1) Schedule minimum lot areas—Residential districts
2F zoning requires a minimum of a 6, 000SF lot.
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Lot is only 4500SF; 1500SF variance is requested to minimum 6000SF required lot
area.
Board of Adjustment Decision: Passed on a 5-0 approval vote.
3. Section 9-301(1) Lot Depth of the Area Regulations which provides as follows:
(1) Schedule minimum lot depth- Residential districts
2F zoning requires a minimum of 100' deep lot.
Lot is only 75' deep; 25' variance is requested to minimum 100' required lot depth.
Board of Adjustment Decision: Passed on a 5-0 approval vote.
4. Section 9-401(1) Lot Coverage of the Area Regulations which provides as follows:
(1) Schedule maximum building coverage- Residential districts
2F zoning allows up to 35% lot coverage.
Lot currently has 32.18% (1448SF) lot coverage; 3.84% variance is requested to
maximum 35% lot coverage to allow 38.84% (1748SF) of lot to be covered.
Board of Adjustment Decision: Passed on a 5-0 approval vote.
5. Section 9-701(1) Rear Yard of the Area Regulations which provides as follows:
No building or structure shall hereafter be located, erected or altered to have a rear yard
smaller than herein required.
In the 2F Districts, no main residential building may be constructed nearer than ten
(10) feet to the rear property line. The main residential building and all accessory
buildings shall not cover more than fifty (50) percent of that portion of the lot lying to
the rear of a line erected joining the midpoint on one side lot line with the midpoint of
the opposite side lot line.
2' variance is requested to minimum 10' setback to rear yard property line to allow
carport to be completed 8' off the rear property line.
Board of Adjustment Decision: Passed on a 4-1 approval vote.
6. Section 5-501(1) Front Yard of the Area Regulations which provides as follows:
(1) Schedule minimum front yards- Residential districts
2F zoning requires a minimum of a 25' front yard.
25' variance is requested to minimum 25' front yard setback on Cherry Street to allow
completed construction of carport to be built up to property line.
Board of Adjustment Decision: Passed on a 5-0 approval vote.
7. Section 13-101(a) Area Regulations for Accessory Buildings in Residential Districts
a. Front Yard. Attached accessory buildings shall have a front yard not less than the
main building. Detached accessory buildings shall be located in the area defined as
the rear yard.
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Variance is requested to allow completed construction of carport, an accessory structure,
in an area defined as a front yard.
Board of Adjustment Decision: Failed on a 3-2 approval vote (4 votes of approval required).
8. Section 13-101(c) Area Regulations for Accessory Buildings in Residential Districts
c. Rear Yard There shall be a rear yard not less than three (3) feet from any lot line,
alley line or easement line, except that if no alley exists, the rear yard shall not be less
than ten (10) feet as measured from the rear lot line. In residential districts the main
building and all accessory buildings shall not cover more than fifty (50) percent of that
portion of the lot lying to the rear of a line erected joining the midpoint of one side lot
line with the midpoint of the opposite side lot line. Carports, garages, or other detached
accessory buildings located within the rear portion of the lot as heretofore described
shall not be located closer than fifteen (15) feet to the main building nor nearer than
three (3) feet to any side lot line.
11' variance is requested to minimum 15' setback off main structure for completed
construction of carport to be built 4' off main structure.
Board of Adjustment Decision: Failed on a 3-2 deny vote (4 votes of approval required).
The above -reference request was granted in part and denied in part by the City of Paris Zoning
Board of Adjustment ("Board") as above detailed. Therefore, a building permit cannot be issued
and the structure is required to be removed unless a new variance application request is submitted
and a preliminary plat and required application is simultaneously applied for with the new variance
application.
Appeal: You are entitled to appeal this Board decision and are required to file a petition for Writ
of Certiorari in a district court, county court or county court at law consistent with section 211.011
of the Texas Local Government Code.
The Board of Adjustment hereby approves 5 of the listed variances and fails to approve 3 of the
listed variances based upon findings of fact included in the record minutes of the meeting.
This decision was filed in the Board's offic on 2/18/2022.
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Chairman, Board of Adjustment
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Secretary to the Board
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