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06/07/2022 MinutesSPECIAL MEETING MINUTES CITY OF PARIS BOARD OF ADJUSTMENT CITY OF PARIS - CITY HALL COUNCIL CHAMBERS CONFERENCE ROOM PARIS, TEXAS TUESDAY JUNE 7TH, 2022 12:00 O'CLOCK P.M. The Board ofAdjustment meeting was called to order by RuthAnn Alsobrook at 12:01 p. m. The following members were present: RuthAnn Alsobrook, Larry Walker, William Sanders, Chris Fitzgerald, Jerry Haning, David Hamilton and Sequoia Bruce. Also present were Andrew Mack, Stephanie Harris, Mayor Portugal and concerned citizens. 2. Approval of minutes from previous meeting. (May 3, 2022) Motion was made by William Sanders, seconded by Larry Walker to approve minutes for the May 3, 2022 meeting. Motion carried 5-0. Continue public hearing to consider and take action on the petition of Alex Kozel, regarding a 5' front yard setback variance to the City of Paris Area Regulations, Section 9-501(1) on Lot 7, Block B, of the Hilltop Subdivision, Parcel 404917. Motion was made by Larry Walker, seconded by Jerry Harting to recuse himself from items 3 and 4. Motion carried 5-0. Motion was made by RuthAnn Alsobrook, seconded by William Sanders to appoint alternate David Hamilton. Motion carried 4-0. Andrew Mack, Director of Planning & Zoning, presented case to the board. Mr. Mack stated that the two properties before the board were platted with an insufficient lot depth that does not require a variance, but it does not allow sufficient room for the minimum rear yard setback; therefore the applicant is requesting the front yard variance so the rear yard setback can be met and allow sufficient separation from neighboring properties. Lastly, staff recommends approval based on the findings for both properties. There was discussion amongst the board and Mr. Mack about parking requirements. Ms. Alsobrook continued the public hearing. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by David Hamilton, seconded by Chris Fitzgerald to approve the 5' variance to Section 9-501(1) of the Area Regulations to allow a 20' front yard versus the required 25' front yard setback based on the following staff recommended findings. Motion carried 5-0. STAFF RECOMMENDED FINDINGS 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 new construction of residences which is not applicable with regard to a non -conforming use. Triplexes are permitted by right in the MF -1 District. 3. There are special or unique conditions of restricted area for the lots as a result of the prior plat approval of the land in the subdivision. This is not generally applicable to other parcels of land in the same zoning district under new platting and development standards. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied as a result of the original plat approval making it nearly impossible to meet the front yard setback. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship. The substandard parcels were created as a part of the original plat approval by the City and initial subdivision developer. 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 MF -1 Zoning District without approval and not being required to fully comply with the front yard setback ordinance provisions. 4. Continue public hearing to consider and take action on the petition of Alex Kozel, regarding a 5' front yard setback variance to the City of Paris Area Regulations, Section 9-501(1) on Lot 8, Block B, of the Hilltop Subdivision, Parcel 404918. Ms. Alsobrook continues the public hearing. No one spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by William Sanders, seconded by David Hamilton to approve the 5' variance to Section 9-501(1) of the Area Regulations to allow a 20' front yard versus the required 25' front yard setback based on the following staff recommended findings. Motion carried 5-0. STAFF RECOMMENDED FINDINGS 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 new construction of residences which is not applicable with regard to a non -conforming use. Triplexes are permitted by right in the MF -1 District. 3. There are special or unique conditions of restricted area for the lots as a result of the prior plat approval of the land in the subdivision. This is not generally applicable to other parcels of land in the same zoning district under new platting and development standards. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied as a result of the original plat approval making it nearly impossible to meet the front yard setback. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship. The substandard parcels were created as a part of the original plat approval by the City and initial subdivision developer. 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 MF -1 Zoning District without approval and not being required to fully comply with the front yard setback ordinance provisions. 5. Continue public hearing to consider and take action on the petition of Cheyney Bryan, on behalf of Bill and Anita Roetcisoender, regarding a 13'7" lot depth variance to the City of Paris Area Regulations Section 9-301(1) on Lot 2, Block A, of the Wells Bryan Addition, Parcel 17934. Motion was made by William Sanders, seconded by Jerry Haning to re -appoint Larry Walker to the board. Motion carried 4-0. Motion was made by Larry Walker, seconded by William Sanders to recuse Chris Fitzgerald from item 5. Motion carried 4-0. Motion was made by Jerry Haning, seconded by Larry Walker to re -appoint David Hamilton as an alternate. Motion carried 4-0. Mr. Mack, Director of Planning & Zoning, presented case to the board. Mr. Mack stated that this variance is for lot depth for a minor lot division to allow a duplex to be built facing the opposite street. He continued by stating that all required setback requirements would still be met. Lastly, staff recommends approval of the variance with the condition that the fence on the adjoining lot line to the west be replaced according to the current fence requirements. There was discussion amongst the board and Mr. Mack about fencing requirements. David Hamilton suggested omitting or correcting paragraph 2 in the staff recommended findings. Mr. Mack informed the board of what corrections to be made. Ms. Alsobrook continues the public hearing. Staff Member, Paige Unger, makes note of input forms submitted as follows: Wanda Tharp of 1880 E Washington, in opposition. Karen Cashion of 1940 E Washington, in opposition. Doris Hale of 1930 E Washington, in opposition. Breona Black of 844 SE 19th St, in opposition. Bridget Domengeaux of 855 SE 19th St, in opposition. William Roetcisoender, property owner, in favor. Kathryn Renee Snell Cohen of 917 SE 20th St, in opposition. Staff member Paige Unger summarizes oppositions for board; neighbors are concerned with additional duplexes being built, lot size, traffic and parking. Cheyney Bryan of 2565 Clark Lane, explained that when the new owners purchased the property they had the intention of splitting it since it was so large so they could accommodate another duplex; half of the duplex they will occupy periodically and the other side will be leased out. Mr. Bryan also explained that they are planning to build a fence that will exceed the minimum requirements and please the neighbors. There was discussion amongst the board and the applicant about fencing requirements. Bridget Domengeaux of 855 SE 19th Street, explained that there are usually 5 cars at the existing duplex and the parking is not sufficient because the tenants take turns parking in the grass. She also explained that it is a high traffic area already and she is concerned that the duplex will make it worse. There was discussion amongst the board and Mr. Mack about parking requirements. Wanda Tharp of 1880 E Washington, stated that there is currently a parking issue and is concerned that the new duplex will make it worse. There is discussion amongst the board, applicant and Mr. Mack about parking issues, requirements and what will be done to resolve the concerns. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by Larry Walker, seconded by David Hamilton to approve the variance to Section 9-301(1) of the Area Regulations to allow a 86'5" lot depth versus the required 100' lot depth based on the following staff recommended condition and findings. Motion carried 5-0. STAFF RECOMMENDED CONDITION AND FINDINGS Condition 1. A new privacy fence in accordance with the fence requirements in Section 4.11 Shall be constructed around the new structure prior to final inspection of the dwelling once constructed. Findings 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 properties. 2. The request is for approval of a minor lot division allowing a two-family dwelling to be permitted on site. Duplexes are permitted by right in the 2F District. 3. There are special or unique conditions of restricted area for the existing lot, even though a new plat approval of the land was just approved. This is not generally applicable to other parcels of land in the same zoning district under new platting and development standards where new lots are created. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied as a result of the original parcel created making it impossible to meet the lot depth requirement. 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. The site however, can be divided and a structure built which can meet all lot setback and parking requirements. There is a demonstrated need for additional decent, affordable housing in the city and this variance for lot division depth approval will advance this stated policy of the City Council under the 5 In 5 Infill Development Program. 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 2F Zoning District without approval and not being required to fully comply with the lot depth ordinance provisions. Additionally although not eligible for recent ordinance changes to existing non -conforming lots of record, the variance is within the parameters of 75% of the minimum lot depth requirements for existing legal non -conforming lots of record. 6. Public hearing to consider and take action on the petition of Cathy Goodrum regarding variances to the City of Paris Area Regulations on Lot 1, Block A, of the Goodrum Addition, Parcel 15808, sections as follows: 1) 9-102(1)-2950SF variance to lot size. 2) 9-201(1) -15' variance to lot width. 3) 9-301(1) -34'5" variance to lot depth. 4) 9-501(1) -2'9" variance to front yard setback. 5) 9-701(1) -2' variance to rear yard setback. Motion was made by Larry Walker, seconded by William Sanders to dismiss alternate David Hamilton and re -appoint Chris Fitzgerald to the board. Motion carried 4-0. Mr. Mack, Director of Planning & Zoning, presented case to the board. Mr. Mack stated that he has been working with the Goodrums on platting these lots and they had been approved with the condition that the variances be approved. Mr. Mack continued that the lot where the proposed single-family home is to be built is sub -standard in size and all other setbacks will be met. Lastly, Mr. Mack stated that the city recommends approval of the variances based on the staff findings and condition. Mr. Mack makes note of a citizens input form that was submitted: Lydia Caudle of 620 SE 17th St, in opposition of the variances because they currently have drainage issues and Mr. Mack had reached out to Public Works to have this looked into and this is a separate issue than the variance request. There was discussion amongst the board and Mr. Mack about drainage and street condition concerns. Ms. Alsobrook declared the public hearing open. Staff member, Paige Unger, makes note of input forms submitted as follows: Blaine Hall of 2054 Cleveland St, in opposition. Sharon Reynerson of 579 SE 171h St, in opposition. Charles and Nancy Burton of 415 NE 32"d St, in favor. Lydia Caudle of 620 SE 17th St, in opposition. Bill Bell of 2054 Cleveland, spoke in opposition of these variances stating that this area has a lot of drainage issues and believes the additional houses should not be built until drainage is addressed. Bill Goodrum of 233 CR 34954, stated with the new development of the lots it would encourage the Public Works to address the issues more when there are people living in the area versus it remaining vacant. Charles Burton of 415 NE 32"d St, spoke in favor of the requests. Mr. Burton stated that he owns a majority of the property in that area and has no issue with more of it being developed. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by Chris Fitzgerald, seconded by Larry Walker to approve all variances 1-5 to the Area Regulations to allow the addition to an existing garage to convert it to a single-family home based on the following staff recommended findings. Motion carried 4-1 with RuthAnn Alsobrook as the dissenting vote. STAFF RECOMMENDED FINDINGS The approval is based upon the following staff recommended findings 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, provided there is no parking or driveway allowed along Brame Street. 2. The request is to permit the new construction of residences which is not applicable with regard to a non -conforming use. Duplexes and single-family residences are permitted by right in the 2F District. 3. There are special or unique conditions of restricted area for the lots as a result of the prior land division lot depth off of 16th Street. This is not generally applicable to other parcels of land in the same zoning district under new platting and development standards. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied as a result of the new plat approval required for a building permit and making it impossible to meet the lot depth requirements and front yard setback on the exterior side lot area. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship. The substandard parcel lot depth was created as a part of the original land division approval on NE 16th Street. 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 2F Zoning District without approval and not being required to fully comply with the 25' exterior side front yard setback ordinance provisions. 7. Public hearing to consider and take action on the petition of Cathy Goodrum regarding variances to the City of Paris Area Regulations on Lot 2, Block A, of the Goodrum Addition, Parcel 15807, sections as follows: 1) 9-301(1) -25'11 "variance to lot depth. 2) 9-602(5) -15' variance to side yard at a corner. Ms. Alsobrook declared the public hearing open. Staff member, Paige Unger, makes note of input forms submitted as follows: Charles and Nancy Burton of 415 NE 32°a St, in favor. Lydia Caudle of 620 SE 17th St, in opposition. Cathy Goodrum of 233 CR 34954, stated that this property does not have any drainage issues and does not have to mow that frequently because the grass does not grow fast. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Motion was made by Larry Walker, seconded by William Sanders to approve both variances to the Area Regulations to allow a 74'1 " lot depth versus the required 100' lot depth and a 10' side yard on a corner verses the required 25' side yard setback on a corner based on the following staff recommended condition and findings. Motion carried 4-1 with RuthAnn Alsobrook as the dissenting vote. STAFF RECOMMENDED CONDITION AND FINDINGS 1. There shall be no driveway permitted or any vehicle parking allowed onto or along Brame St. within the reduced minimum 10' setback area for lot 2. The approval is based upon the following staff recommended findings 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, provided there is no parking or driveway allowed along Brame Street. 2. The request is to permit the new construction of residences which is not applicable with regard to a non -conforming use. Duplexes and single-family residences are permitted by right in the 2F District. 3. There are special or unique conditions of restricted area for the lots as a result of the prior land division lot depth off of 16th Street. This is not generally applicable to other parcels of land in the same zoning district under new platting and development standards. This has caused an unusual and practical difficulty to be in compliance with the provisions sought here to be varied as a result of the new plat approval required for a building permit and making it impossible to meet the lot depth requirements and front yard setback on the exterior side lot area. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created although unintentional), and (b) an economic or financial hardship. The substandard parcel lot depth was created as a part of the original land division approval on NE 16th Street. 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 2F Zoning District without approval and not being required to fully comply with the 25' exterior side front yard setback ordinance provisions. 8. Adjournment. APPROVED THE 5th DAY OF JULY, 2022. ,.r Chairperson