02/07/2023 MinutesMINUTES OF THE BOARD OF ADJUSTMENT MEETING
OF THE CITY OF PARIS, TEXAS
FEBRUARY 7, 2023
The Board of Adjustment of the City of Paris met for a regular session at 12 p.m. on
February 7, 2023, at the City of Paris- City Hall, Council Chambers located at 107 E Kaufman St.
Present: Board Members: RuthAnn Alsobrook, Larry Walker, Lydia Fitzgerald and
Alix Putnam
City Representatives: Andrew Mack, Stephanie Harris, Mayor Portugal
and Robert Vine.
Absent: Board Members: David Hamilton, Carlton Cooper and Sequoia Bruce.
1. The Board ofAdjustment meeting was called to order by RuthAnn Alsobrook at 12:00p. m.
2. Approval of minutes from previous meeting. (January 3, 2023)
Motion was made by Larry Walker, seconded by Alix Putnam to approve minutes for the
January 3, 2023 meeting. Motion carried 4 ayes — 0 nays.
3. Continue public hearing to consider and take action on the petition of Michael Blackburn
regarding a variance to the City of Paris Buffering Regulations, Section 30-102(2)(a) on
Lot 1, Block of the B&B Wash Addition being located at 324 North Main Street.
Andrew Mack, Director of Planning & Zoning, presented case to the board.
The was brief discussion amongst Mr. Mack and the board about the intended flow of
traffic and whether or not directional signage is required.
No one else spoke in favor or opposition of the request.
Public hearing was declared closed.
Motion was made by Larry Walker, seconded by Alix Putnam to approve the 6' ROW
Buffer variance to the City of Paris Buffering Regulations, Section 30-102(2)(a) based on
the following condition and findings of fact. Motion carried 4 ayes- 0 nays.
Conditions
1. The site plan shall be revised to include a dumpster enclosure area according to requirements.
FindinLs
1. The request for variance is in harmony with the general purposes and intent of site
improvement regulations contained in the Zoning Ordinance 1710 Exhibit 9B and the
Subdivision Ordinance 1315 Exhibit 9A; and will protect the character of the immediate
vicinity of the Pine Bluff and Main Street intersection of this commercial corridor north of the
downtown area.
Board of Adjustment Meeting
February 7, 2023
Page 2
2. The revisions of the site plan for this property for this redevelopment project in this location
permits new development, to the extent feasible given lot width constraints, conformity with
regulations assuring the continued reasonable use of the property for commercial purposes.
3. There are special and unique condition(s) of restricted area, shape, topography, or physical
features that exist on the subject parcel of land, which are not applicable to other parcels of
land in the Commercial Zoning District, and which cause unusual and practical difficulty or
unnecessary hardship to the use of the property with site improvements permitted by the
ordinance with the provision sought here to be varied.
4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self-
imposed or self-created), and (b) the applicant has not stated that there is an economic or
financial hardship for the site improvements to be constructed in compliance with ordinance
requirements.
5. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of
reasonable rights to use the property that are commonly enjoyed by other properties in the
Commercial Zoning District which are required to comply with these same ordinance
provisions. There is also an economic impact upon the developer in this case give the
redevelopment nature of the site.
4. Public hearing to consider and take action on the petition of Skyler Burchinal of K & S
Estate Investments regarding a variance to the City of Paris Area Regulations, Section 9-
201(1) on Lot 1, BlockA ofthe Kand SInvestments Cherry StreetAddition CB 2273, being
located at 1958 E Cherry Street.
Andrew Mack, Director of Planning & Zoning, presented case to the board.
Chairperson Alsobrook opened the public hearing.
No one spoke in favor or opposition of the request.
Public hearing was declared closed.
Motion was made by Lydia Fitzgerald, seconded by Larry Walker to approve the 11'6"
lot width variance to the City of Paris Area Regulations, Section 9-201(1) based on the
following recommended condition and findings of fact. Motion carried 4 ayes- 0 nays.
Conditions
1. All structure setbacks shall be met.
Findings
1. The request for variance is in harmony with the general purposes and intent of site
improvement regulations contained in the Zoning Ordinance 1710 Exhibit 913 and the
Subdivision Ordinance 1315 Exhibit 9A; and will protect the character of the immediate
vicinity of the area.
2. The approval of the variance for lot width will allow the plat approval condition to be met for
Board of Adjustment Meeting
February 7, 2023
Page 3
this property allowing the new residence to be constructed.
3. There are special and unique condition(s) of restricted area, shape, topography, or physical
features that exist on the subject parcel of land, which are not applicable to other parcels of
land in the 2F Zoning District, and which cause unusual and practical difficulty or unnecessary
hardship to the use of the property with site improvements permitted by the ordinance with the
provision sought here to be varied. The residential lot was previously created, consistent with
the adjoining residential lots, but was not officially platted.
4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self-
imposed or self-created), and (b) the applicant has not stated that there is an economic or
financial hardship for the residential lot to be split off from the commercial property in
compliance with ordinance requirements. This alone, is not justification for approval of the
variance, but rather it is based upon existing site improvements which seek no change or
modification in the request for new construction.
5. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of
reasonable rights to use the property that are commonly enjoyed by other older residential
properties in the 2F Residential Zoning District which are required to comply with these same
ordinance provisions. Additionally, the lot width is within 80.88% of the minimum lot width
requirements and would already be buildable as a platted lot without a variance.
5. Public hearing to consider and take action on the petition of Tina Ballard, on behalf of
Rosa Rodriguez regarding a variance to the City of Paris Area Regulations and Build Line
as indicated on plat on Lot 8-,4, City Block 32-C, being located at 1126 E Houston Street,
sections as follows:
1) 9-102(2) 351 SF variance to reduce minimum required lot size of
5000SF to 4, 649SF on an existing lot.
2) 9-301(2) 8'9 " variance to reduce minimum required lot depth of] 00'
to 91 '3 " on an existing lot.
3) 10'11 " variance to the 20' minimum required build line indicated on
the plat for the existing house built with a 9'1 " build line.
Andrew Mack, Director of Planning & Zoning, presented case to the board.
Chairperson Alsobrook opened the public hearing.
Staff member Paige Unger made note of the submitted input form as follows:
Essent, PRMC, of 1055 Clarksville St, in favor.
No one spoke in favor or opposition of the requests.
Public hearing was declared closed.
Motion was made by Alix Putnam, seconded by Lydia Fitzgerald to approve the variances
to the City of Paris Area Regulations and Build Line as indicated on the plat based on the
following condition and findings of fact. Motion carried 4 ayes- 0 nays.
Board of Adjustment Meeting
February 7, 2023
Page 4
Conditions
1. There shall be no future expansion of the residence structure footprint for which all structure
setbacks cannot be met for that portion of the addition.
Findings
1. The request for variance is in harmony with the general purposes and intent of site
improvement regulations contained in the Zoning Ordinance 1710 Exhibit 9B and the
Subdivision Ordinance 1315 Exhibit 9A; and will protect the character of the immediate
vicinity of the area.
2. The approval of the plat for this property allowing the residence property to be sold separately
from the restaurant will assure the continued reasonable use of the property for commercial
purposes.
3. There are special and unique condition(s) of restricted area, shape, topography, or physical
features that exist on the subject parcel of land, which are not applicable to other parcels of
land in the Commercial Zoning District, and which cause unusual and practical difficulty or
unnecessary hardship to the use of the property with site improvements permitted by the
ordinance with the provision sought here to be varied. The residential lot was previously
created, consistent with the adjoining residential lot, but was not platted separately from the
commercial site.
4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self-
imposed or self-created), and (b) the applicant has not stated that there is an economic or
financial hardship for the residential lot to be split off from the commercial property in
compliance with ordinance requirements. This alone, is not justification for approval of the
variance, but rather it is based upon existing site improvements which seek no change or
modification in the request for new construction. A financing restriction for the residence on
a separate parcel may also be imposed by a buyer's lender.
5. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of
reasonable rights to use the property that are commonly enjoyed by other older residential
properties in the Residential Zoning District which are required to comply with these same
ordinance provisions. There is also an economic impact upon the land owner in this case given
the need to separate the residence from the commercial property.
6. Adjournment.
APPROVED THE 4TH DAY OF APRIL, 2023.
t f
Chairperson