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04/05/2022 MinutesSPECIAL MEETING MINUTES CITY OF PARIS BOARD OF ADJUSTMENT CITY OF PARIS - CITY HALL COUNCIL CHAMBERS CONFERENCE ROOM PARIS, TEXAS TUESDAY APRIL 5TH, 2022 12:00 O'CLOCK P.M. The Board ofAdjustment meeting was called to order by RuthAnn Alsobrook at 12:02 p.m. The following members were present: RuthAnn Alsobrook, Larry Walker, William Sanders, Chris Fitzgerald and Jerry Haning. Also present were Andrew Mack, Stephanie Harris, Robert Vine and concerned citizens. 2. Approval of minutes from previous meeting. (March 1, 2022) Motion was made by Larry Walker, seconded by William Sanders to approve minutes for the March 1, 2022 meeting. Motion carried 5-0. Public hearing to consider and take action on the petition of Doreen Ruthart of Ron Doe Homes, on behalf of James Johnson, as part of the City's HOME Program, regarding the 6'4 " front yard setback and I' side yard setback variances to the City of Paris Zoning Ordinance Area Regulations, Sections 9-501(1) and 9-601(1) on Lot 17, Block O, of East Park Addition, being located at 1420 NE 11th Street. Andrew Mack, Director of Planning & Zoning, presented case to the board. Mr. Mack explained to the Board that this is another instance where the builder was following the previous location of the home and the setback discrepancy was discovered after the fact as construction was continued. This case is unique in the fact that it is almost complete with construction and it would be very costly in to correct at this point. Mr. Mack stated that staff has extensively met with the contractor to correct the practice of proceeding without first turning in the form board survey moving forward. Lastly, Mr. Mack stated that staff recommends approval of both variances based on the staff recommended findings of fact provided in the staff report. There was discussion amongst the board and staff on the practice of submitting the form board and the plan of action that the staff has made to correct this practice moving forward. Ms. Alsobrook declared the public hearing open. Doreen Ruthart of 420 PR 43375, and applicant stated that their company has built over 500 homes in this program in various locations and had never been asked for a form board survey until recently while building in Paris, so this is a newer practice for them. With these locations in particular they had already built and had inspections on the foundation and framing before the form board survey was requested. Ms. Ruthart also stated that the Texas Department of Housing and Community Affairs runs the Home Program and it is their motto and goal to build the home back in the same footprint or as close as possible to the footprint of the old house, so that has attributed to their confusion with the setback requirements. No one else spoke in favor or opposition of the request. Ms. Alsobrook declared the public hearing closed. Motion was made by Larry Walker, seconded by Chris Fitzgerald to approve the 6'4" variance to Section 9-501(1) of the Area Regulations to allow an 18'8" front yard setback versus the required 25' setback based on the following staff recommended findings of fact. Motion carried 5-0. Motion was made by Larry Walker, seconded by Chris Fitzgerald to approve the 1' variance to Section 9-601(1) of the Area Regulations to allow a 4' side yard setback versus the required 5' setback based on the following staff recommended findings of fact. Motion carried 5-0. Staff Recommended Findins of Fact: 1. The request for variance is harmony with the general purposes and intent of Zoning Ordinance No. 1710, as amended, and will not negatively impact the protection for the adjacent surrounding property. 2. The request is to permit the reconstruction of a residence is not applicable with regard to a non -conforming use due to it being permitted by right in the SF -3 District. There was a previous structure recently demolished on the property under the City's Home Program and it was built in the same approximate location as the demolished structure. There are special or unique conditions of restricted area and physical feature for the new slab that was constructed prior to the form board survey now existing on the subject parcel of land. This is not generally applicable to other parcels of land in the same zoning district. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied due to general contractor not fully in sync with its sub -contractors schedules and thereby resulting in an unintentional result of not meeting the front and side yard setbacks. 4, The hardship sought to be avoided is the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship would result from being required to move the new home from where it is currently constructed. 5. The provisions of Zoning Ordinance No. 1710, and its amendments, that are sought to be varied would deprive the applicant of the normal rights to use the property that is commonly enjoyed by other properties in the same SF -3 Zoning District without approval and not being required to fully comply with the front and side yard setback ordinance provisions. 4. Public hearing to consider and take action on the petition of Doreen Ruthart of Ron Doe Homes, on behalf of Lisa Bivens, as part of the City's HOME Program, regarding a 1V l " front yard setback variance to the City of Paris Zoning Ordinance Area Regulations, Section 9-501(1) on Lot 17 & 18, Block 12, of Belmont Addition, being located at 1143 E Tudor Street. Andrew Mack, Director of Planning & Zoning, presented case to the board. This case is similar to the previous one as to the fact that the contractor built the home back in the footprint as the previous home to line up with the neighboring houses. Lastly, Mr. Mack stated that the City staff recommends approval based on the staff recommended findings of fact provided in the staff report. Ms. Alsobrook declared the public hearing open. Doreen Ruthart of 420 PR 43375, and applicant added in addition to previous testimony that with the previous applications and this one she no longer wishes to have to go through this process so she will be sure to comply moving forward to avoid delays. No one else spoke in favor or opposition of the request. Ms. Alsobrook declared the public hearing closed. Motion was made by Chris Fitzgerald, seconded by Jerry Haning to approve the 1' l" variance to Section 9-501(1) of the Area Regulations to allow a 231" front yard setback versus the required 25' setback based on the following staff recommended findings of fact. Motion carried 5-0. Staff Recommended Findin s of Fact: 1. The request for variance is harmony with the general purposes and intent of Zoning Ordinance No. 1710, as amended, and will not negatively impact the protection for the adjacent surrounding property. 2. The request is to permit the reconstruction of a residence is not applicable with regard to a non -conforming use due to it being permitted by right in the SF -3 District. There was a previous structure recently demolished on the property under the City's Home Program and it was built in the same approximate location as the demolished structure. 3. There are special or unique conditions of restricted area and physical feature for the new slab that was constructed prior to the form board survey now existing on the subject parcel of land. This is not generally applicable to other parcels of land in the same zoning district. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied due to general contractor not fully in sync with its sub -contractors schedules and thereby resulting in an unintentional result of not meeting the front yard setback. 4. The hardship sought to be avoided is the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship would result from being required to move the new home from where it is currently constructed. 5. The provisions of Zoning Ordinance No. 1710, and its amendments, that are sought to be varied would deprive the applicant of the normal rights to use the property that is commonly enjoyed by other properties in the same SF -3 Zoning District without approval and not being required to fully comply with the front yard setback ordinance provisions. Public hearing to consider and take action on the petition of Isabel Burley regarding a variance to permit the temporary occupancy of a RV during the reconstruction of a new home under the City of Paris RV General restrictions on parking, storage or occupancy regulations, Section 4.08.032(b) as prescribed under the variance procedures, Section 4.08.034 on Lot 17, City Block 149, being located at 226 W Washington Street. Andrew Mack, Director of Planning & Zoning, presented case to the board and informs the board that Ms. Burley is a participant for the HOME Program. Mr. Mack explained that the RV that is proposed to be occupied is fully contained and has been requested to be placed on the lot adjacent to her current house that is going to be rebuilt. He continued by informing the board when Ms. Burley approached him with this proposition he had specifically told her of the prohibition of occupying RVs and how it has been vigorously enforced over the years. Mr. Mack also mentioned the possibility of water connection that is already available, but the sewer would have to be addressed separately to ensure sanitary requirements are met. Mr. Mack continued by mentioning the provision of the zoning ordinance that allows for these variance requests to be considered and that he believes that this case is unique since most participants of the HOME Program do not own adjacent lots. Mr. Mack stated that the house has not yet began demolition so the applicant has taken the correct steps to be proactive in asking permission for this variance and has provided a petition in support from her neighbors to be considered by the board as they choose. Mr. Mack spoke of the concerns that this may set a precedent if approved due to the heavy enforcement of RVs, but believes that provisions can be put in place specific to this case to avoid the increase of RV occupants moving forward. Mr. Mack stated that the City is not in a position to support the approval of the variance but believes the consideration is necessary based on the unique circumstances, but he has provided unique findings to the board to use if they choose to approve the variance. Ms. Alsobrook declared the public hearing open. Isabel Burley of 719 SW 3rd Street and applicant, presented signed input forms provided by her neighbors. Staff member Paige Unger read input forms to include in record as follows: Bonnie Smith of 308 W Washington St, in favor. Charlie Ellis of 240 W Washington St, in favor. Marilee Raulston of 335 W Washington St, in favor. Angela Gray of 321 W Washington St, in favor. Mike Hards of 207 W Washington St, in favor. Sandra Bryant of 231 W Washington St, in favor. Jean Johnson of 241 W Washington St, in favor. Marilyn Brock of 307 W Washington St, in favor. Juan Luna of 124 W Washington St, in favor. Resident of 136 W Washington St, in favor. Jason Murdock of 202 W Washington St, in favor. Ms. Burley continued that with the construction proposed to take six to nine months she has not been able to find a rental property that has less than a year lease including any available RV parks in the surrounding area that are willing to rent month to month. Ms. Burley explained to the board that she does have a daughter that is local; however, she has four children and a husband and is unfortunately unable to accommodate her in their home, but her daughter has offered the RV to her if she is allowed to use it. She continued by explaining that her other daughter lives in Dallas and with current gas prices she would not be able to afford the timely and costly commute back and forth to her job at Kimberly Clark that she works at six days a week from seven am to seven pm and seven pm to seven am. Doreen Ruthart of 420 PR 43375, is the representative from Ron Doe Homes is the contractor for Ms. Burley's future home explained that she does not know when the demolition of the home is scheduled. Resource Management works with Sanitation Solutions for the demo and once they are notified that it is clear to proceed with construction their part should only take six months; however, she does mention that there is weather or other unexpected delays, such as material shortages, that cannot always be accounted for so it could take a little longer. There was discussion amongst the applicant and the board concerning the disposal of sewage and sanitation. Ms. Burley assured the board that she has a truck capable of pulling the RV and will be taking it to a proper location for disposal. Ms. Ruthart explained to the board the difficulties people experience while trying to find other living accommodations since rental prices are so high and this being a low-income program. Participants in other counties have resorted to living in storage buildings and tents while others have simply withdrawn their application. No one else spoke in favor or opposition of the request. Ms. Alsobrook declared the public hearing closed. There was discussion amongst the board and city staff on the difficulties of finding other living accommodations and the availability of RV parks. There was discussion amongst the board and city staff on the conditions that should be set forth for an allotted time of the RV occupancy, disposal of sanitary sewer and enforcement of conditions if the variance is approved. There was discussion amongst the board and city staff on how to avoid setting a precedent if this variance were to be approved. Motion was made by Chris Fitzgerald, seconded by Larry Walker to approve the variance to the City of Paris RV General Restrictions on parking, storage or occupancy regulations, Section 4.08.032(b) as prescribed under the variance procedures, Section 4.08.034 to allow the temporary occupancy of an RV based on the following staff recommended findings of fact and conditions set forth by the board. Motion carried 4-1 with William Sanders as the dissenting vote. Staff Recommended Findings of Fact: (1) Unique circumstances have been determined to exist on this and the adjacent property that make application of specific requirements in this division unduly burdensome on the applicant. (2) The variance will have no adverse impact on current or future development, but rather will benefit in the new development on the adjoining lot by providing the equivalent of a construction site job trailer and on-site security of the new construction. (3) The variance is in keeping with the spirit of these regulations and will have a minimal impact, if any, on the surrounding land uses. The surrounding land owners and residents have also signed a document supplemental to the application indicating their support for approval of this variance exception. (4) The variance will have no adverse impact on the public health, safety, and general welfare provided the on -board holding tank for waste water can be removed and dumped off-site at an approved dumping facility in the City of Paris. (5) A financial hardship is not a consideration nor a basis for the granting of this variance. Board Conditions: (1) Dumping of wastewater on site shall be prohibited. Documentation shall be provided to City staff to verify that the wastewater was disposed of at an approved disposal location. (2) Term of variance shall expire 14 days after approval of the Building Final of the house being built at 719 SW 3`d Street to allow the client time for moving in. 6. Adjournment. APPROVED THE 3`d DAY OF MAY, 2022. Fo