ZONING BOARD OF ADJUSTMENT AGENDA INFORMATION

Transcription

1 ZONING BOARD OF ADJUSTMENT AGENDA INFORMATION April 24, 2018

2 REVISED FORMAT

3 CITY OF FARMERS BRANCH ZONING BOARD OF ADJUSTMENT MEETING AGENDA Tuesday, April 24, :30 p.m. City Hall Council Chambers William Dodson Parkway Farmers Branch, Texas Call to Order I. Approval of Minutes Consider approval of the Tuesday, October 24, 2017, regular meeting minutes and the Tuesday, November 14, 2017, training session minutes. II. III. IV. Appeal for Mandatory Crime Reduction Program. Howard Freed of Freed s Furniture, tenant of Lot 5 Block 1 of the Metropolitan Industrial Park Sec 2 subdivision more commonly known as 4355 LBJ Freeway, is requesting permission to extend the amount of time allowed for a temporary banner sign to be displayed by eighty-eight (88) days. Ordinance No limits the display of flags, banners and balloons and other devices intended to draw attention to the property, business or product for up to sixty (60) days in a calendar year in connection with grand openings or special sales being conducted by said business. Freed s Furniture installed a Warehouse Clearance Sale banner on March 5, A variance to allow the temporary banner sign to exceed the allowable time frame by 88 days for a total of 148 days would be necessary to allow the current permit to remain valid through July 31, Adjournment Disabilities Disclaimer: Farmers Branch City Hall is wheelchair accessible. Access to the building and special parking is available at the main entrance facing William Dodson Parkway. Persons with disabilities planning to attend this meeting who are deaf, hearing impaired or who may need auxiliary aids such as sign interpreters or large print, are requested to contact the Community Services Department s office at (972) at least 72 hours prior to the meeting. Texas Open Meetings Act Disclaimer: I certify that the above notice of this meeting was posted at least 72 hours, in accordance with the Open Meetings Act, on the bulletin board at City Hall. Approved to Post: CITY SECRETARY Stamp: Posted by: Date posted:

4 Information Memorandum To: From: Zoning Board of Adjustment Hugh Pender Building Official Subject: Agenda Item No. 1 Date: April 24, 2018 APPROVAL OF THE MINUTES OF THE OCTOBER 24, 2017 REGULAR MEETING: Minutes attached. ACTIONS BY THE BOARD: 1. Motion that the Zoning Board of Adjustment approve the minutes of the October 24, 2017 regular meeting (as drafted) (as amended in the study session). 2. Any other action desired by the Board. APPROVAL OF THE MINUTES OF THE NOVEMBER 14, 2017 TRAINING SESSION: Minutes attached. ACTIONS BY THE BOARD: 1. Motion that the Zoning Board of Adjustment approve the minutes of the November 14, 2017 training session (as drafted) (as amended in the study session). 2. Any other action desired by the Board. Attachments: Draft minutes of the October 24, 2017 regular meeting. Draft minutes of the November 14, 2017 training session.

5 MINUTES OF A REGULAR MEETING ZONING BOARD OF ADJUSTMENT FARMERS BRANCH, TEXAS OCTOBER 24, :30 P.M. COUNCIL CHAMBERS CITY HALL Members of the Zoning Board of Adjustment present were: Chairman Vice Chairman Alternates John Tarlton Mike Del Valle Glenn Douglass Mike Rogan Jonathan Smith David Griggs Robin Bernier Members of City Administration present were: Building Official Plans Examiner Recording Secretary Administrative Assistant I Hugh Pender Danielle Summers Rebecca Albin Louise Means Chairman Tarlton called the meeting to order at 6:37 p.m. and greeted all in attendance. Mr. Tarlton requested that any member of the audience intending on testifying regarding any case before the Board to rise and be sworn in. They did so. APPROVAL OF THE MINUTES OF THE SEPTEMBER 27, 2017 MEETING Chairman asked the Board if they had read the minutes of the September 27, 2017 meeting and if anyone had changes to the minutes. Mr. Rogan made a motion to approve the minutes as drafted. Mr. Del Valle seconded. The motion carried unanimously. EXCUSAL OF ABSENSE OF A BOARD MEMBER FROM THE SEPTEMBER 27, 2017 MEETING Chairman Tarlton asked for a motion to excuse the absence of himself and David Griggs from the last meeting. A motion was made by Mr. Rogan and seconded by Mr. Del Valle to excuse 1

6 the absence of Mr. Tarlton and Mr. Griggs from the September 27, 2017 meeting. The motion carried unanimously. Mr. Tarlton read the following legal notice. Case continued from the August 22 nd, 2017 Zoning Board of Adjustment meeting - Maryanna Johnson, property owner of Lot 8 Block L of the Brookhaven Hills West 2 nd Section subdivision more commonly known as 3342 Dorado Beach Drive, is requesting permission to install a section of black nylon net, no more than fifty (50) feet in length and no less than twenty (20) feet in height along the east side yard line. Section the Code of Ordinances prohibits netting as a fence material or product, Section prohibits any side yard fence exceeding eight (8) feet in height and Section (a) prohibits deviation from a pattern of material(s) and construction once established in a length of fence section from corner post to corner post. A variance to allow black nylon netting as a fence material, allowing an additional twelve (12) feet in height for a side yard fence, and allowing a section of fence that deviates from the established fence materials and construction between corner post to corner post would be required to issue a permit for this project. Chairman Tarlton opened the public hearing and asked Hugh Pender, Building Official for the City of Farmers Branch, to come forward and present the case. Mr. Pender explained that the case, as outlined above in the legal notice, is a continuation of the case from the August 2017 meeting. A variance would be necessary in order to issue a permit for this proposed project as submitted. Mr. Pender stated that the applicant, Ms. Johnson, had a few drawings to add to the case, but no additional defining information. Mr. Tarlton asked the Board if there were any questions. Mr. Douglass asked if anyone else on the golf course has a netting fence similar to the one Ms. Johnson is proposing. Mr. Pender stated that there is a residence on Valley Hi that has a 12 foot fence. Mr. Del Valle asked to see the slide showing what the fence would look like and the location. Mr. Douglass asked if the fence would be located on the side or the rear of the property. Mr. Pender stated that it would be on the side. Mr. Douglass then asked if the property owners on the side where the fence would be installed were for or against the fence. Mr. Pender stated that no response had been received from the property owners at that location. Chairman. Tarlton asked the applicant to come forward to present her case. Maryanna Johnson came forward and addressed the Board. Ms. Johnson presented a bag of approximately thirty-six (36) golf balls that had been collected from her yard from October 5, 2017 until October 23, 2017 and added that Brookhaven Country Club had held two Scramble Tournaments during that same period. She also stated that the Brookhaven course was poorly designed in relation to her house. The grove of trees located behind her house on the course is creating an obstacle that the golfers try to avoid and the balls end up coming onto her property. Ms. Johnson considers the balls a safety hazard and her quality of life has been impacted negatively. She can t safely use her backyard and had paid hundreds of dollars in damage repair. Chairman Tarlton asked the Board if there were any other questions. 2

7 Ms. Bernier asked Ms. Johnson if the netting is installed, do you think that you will still get some balls coming onto the property. Ms. Johnson replied that she thought that there would still be some balls coming onto the property. Ms. Bernier then asked if the balls that are stopped by netting would drop into Ms. Johnson s neighbor s yard and was that neighbor aware of that situation. Ms. Johnson answered yes and they were acceptable to this. Ms. Bernier inquired if the netting were to be installed would Ms. Johnson be able to use the backyard. Ms. Johnson replied that she hoped so because it would be a significant investment. Mr. Douglass also asked if the neighbor on the side where the netting fence would be put up was acceptable to this. Ms. Johnson responded yes. Mr. Del Valle questioned the wording of the request in regard to the height. Mr. Del Valle pointed out that Ms. Johnson s request stated that a netting fence no less than twenty (20) feet in height was vague and that perhaps a more exact height would be needed in order to properly access the request. Ms. Johnson said she determined the height based on the height of the twostory house next to her. Mr. Rogan asked Ms. Johnson about her interaction with the golf pro at Brookhaven Country Club. Ms. Johnson stated that her contact with the golf pro was not productive. Mr. Smith questioned how many days it took to collect the thirty-six (36) golf balls that Ms. Johnson had shown the Board. Ms. Johnson replied that they were collected from October 5 through October 23. Mr. Griggs asked if Ms. Johnson would be satisfied with a limit of twenty (20) feet for the netting fence and Ms. Johnson stated yes. Chairman Tarlton questioned Ms. Johnson if she had spoken with Brookhaven Country Club about installing a sand trap in the area behind her property. Ms. Johnson stated that she had not written to Brookhaven Country Club to follow up but intended to. Mr. Tarlton asked for clarification on where the netting would be placed; just on the one side of the property or on the side and the back of the property. Ms. Johnson stated that it was only on the side of the property. Ms. Bernier asked if the installation of a sand trap would deter the golfers from hitting in the direction of Ms. Johnson s property. Ms. Johnson stated no it would not. Mr. Rogan agreed that most golfers are right handed and tend to slice to the right which is the direction of Ms. Johnson s property. Ms. Bernier then asked if it would be acceptable to allow a net fence now and if a sand trap or some other deterrent were to be installed in the future, then the net fence could be taken down. Chairman Tarlton and Mr. Pender both stated that the board is to determine if there is hardship and make a determination to grant a variance based on that hardship without any limitations. Mr. Smith questioned if the net was offset by a foot inside the property line. Ms. Johnson answered yes. Mr. Douglass asked if the reason Ms. Johnson wanted this netting was for safety and security and exactly how high and how long would the netting need to be. Ms. Johnson answered that yes, 3

8 she wanted the netting for safety and security, the netting would need to be 50 feet long and 25 feet or less high. Mr. Tarlton asked Ms. Johnson what is different about her property that creates a hardship and would make a variance necessary. Ms. Johnson stated that the physical location of the property creates a hardship due to the high amount of golf balls that come onto the property. Ms. Bernier asked Ms. Johnson if she had checked with the property owners on either side to see how many golf ball they have received in the same time frame of October 5 through October 23. Ms. Johnson did not directly answer the question but stated that both property owners have received golf balls on their property in the past. Hunter Johnson, 5902 Stoneshire Court, Dallas, TX, came to the podium to present some research that he had done. Mr. Johnson presented the Board with documentation of what the Board s authority was in cases such as this and the outcome of some similar circumstances. Chairman Tarlton asked if there was anyone else that wished to speak to this issue. Mr. Pender addressed the Board to state that Mr. Johnson was legal counsel to Ms. Johnson and that his statements were his own opinion and he did not represent the City of Farmers Branch. Mr. Tarlton asked Mr. Pender if the Board had access to question counsel. Mr. Pender stated that yes, but they were not currently in attendance. Chairman Tarlton asked if there was anyone else in the audience who would like to testify. Ms. Denise Witry of 3332 Dorado Beach to express her support of the proposed variance. She told the Board that she has lived in her current residence for six years and could concur that they have also received golf balls in the yard and have incurred damage to their property. Mr. Tarlton asked if anyone else wished to speak to the case. Bill Deichler, 3343 Dorado Beach, came forward and wished to speak in favor of the variance request. He stated that he thought that the increased amount of Scrambles being played at Brookhaven Country Club was the cause of the large amount of golf balls coming onto Ms. Johnson s property. Chairman Tarlton asked Mr. Pender if any correspondence had been received on this issue. Mr. Pender stated that of the sixteen (16) letters mailed, only one (1) letter had been received in opposition to the issue. With no further testimony being offered by the audience, the Chairman called for a motion to close the public hearing. A motion was made by Mr. Del Valle and seconded by Ms. Bernier that the public hearing be closed. The motion passed unanimously. Mr. Tarlton asked if the Board members had any more questions. After deliberation, a motion was made by Mr. Del Valle, that the Zoning Board of Adjustment grant the requested variance at 3342 Dorado Beach to install a section of black nylon net, not to exceed 25 (twenty) feet in height and not more than fifty (50) feet in length along the east side property line, because their determination from the facts and evidence presented at the public 4

9 hearing indicated that literal enforcement of the Comprehensive Zoning Ordinance and would be contrary to public interest and; that enforcement of the Ordinance would result in an unnecessary hardship due to the unique location of the lot. The motion was seconded by Mr. Douglass. Chairman Tarlton asked if there was any more deliberation before a vote was taken. The vote was three (3) in favor (Douglass, Del Valle and Smith) and two (2) against (Rogan and Tarlton) the motion. The motion did not pass. ADJOURNMENT With no other items on the agenda, a motion was made by Mr. Del Valle and seconded by Mr. Rogan that the Zoning Board of Adjustment be adjourned at 7:50 p.m. The motion carried unanimously. APPROVED: John Tarlton Chairman Rebecca Albin Recording Secretary 5

10 MINUTES OF A SPECIAL MEETING ZONING BOARD OF ADJUSTMENT FARMERS BRANCH, TEXAS NOVEMBER 14, :00 P.M. STUDY SESSION ROOM CITY HALL Members of the Zoning Board of Adjustment present were: Chairman Vice Chairman Alternates John Tarlton Mike Del Valle Glenn Douglass Mike Rogan Jonathan Smith David Griggs Robin Bernier Members of City Administration present were: Building Official Recording Secretary Deputy Building Official Plans Examiner Administrative Assistant I Police Chief Attorney, Nichols, Jackson, Dillard, Hager and Smith, LLC Hugh Pender Rebecca Albin Paul Mattson Danielle Summers Louise Means David Hale Kevin Laughlin Call to Order at 12:00 p.m. I. Approval of Minutes Approval of the Tuesday, October 24, 2017 regular meeting minutes was moved to the next Regular meeting. II. III. IV. A briefing was provided by Police Chief David Hale regarding Mandatory Crime Reduction program for Apartment Complexes and how the appeals process for that program would be heard by the Zoning Board of Adjustment. A training workshop regarding the laws, ordinances, policies, and practices applicable to the Zoning Board of Adjustment was provided by Kevin Laughlin of Nichols, Jackson, Dillard, Hager and Smith, LLC. The meeting adjourned at 2:00 p.m. APPROVED: John Tarlton Chairman Rebecca Albin Recording Secretary 1

11 To: From: Information Memorandum Zoning Board of Adjustment Hugh Pender Building Official Subject: Agenda Item No. 2 Date: April 24, 2018 APPEALS HEARING MANDATORY CRIME REDUCTION PROGRAM: Eric Wood, owner of HAVENHURST APARTMENTS, located at Goodland, is requesting an appeal to reverse the decision by the Chief of Police, City of Farmers Branch, to add the apartment complex to Designated Apartment Complex status of the Mandatory Crime Reduction Program. EXPLANATION: An apartment complex must participate in a mandatory crime reduction program whenever the apartment complex's crime index exceeds the residential crime index threshold calculated in accordance with formulas provided in Section of the Code of Ordinances. RECOMMENDATION: Havenhurst Apartments crime index calculates out to 7.9. With the data provided, staff cannot support the request. ACTIONS BY THE BOARD: 1. Motion to sustain the Farmers Branch Police Department s crime index score findings for the multifamily complex located at Goodland and AFFIRM the Farmers Branch Police Department s designation and enrollment of Havenhurst Apartments in the City s Mandatory Crime Reduction Program effective January 11, Motion to find that the evidence does not support the Farmers Branch Police Department s crime index score findings for the multifamily complex located at Goodland and OVERTURN the Farmers Branch Police Department s designation and enrollment of Havenhurst Apartments in the City s Mandatory Crime Reduction Program. Attachments: Notification Letter to Havenhurst Apartments Score Sheet Arial Map Application of Appeal

12 City of Farmers Branch Community Services William Dodson Parkway Farmers Branch, Texas April 13, 2018 Mr. Eric Wood HAVENHURST APARTMENTS C/o Wood Properties 1404 W. Pioneer Drive Irving, Texas RE: Appeal date for Havenhurst Apartments Mandatory Crime Reduction Program April 24, 2018 Dear Mr. Wood: Your request for appeal of your participation in the Mandatory Crime Reduction Program has been received by the City Secretary. This is notification that your appeal for the above apartment complex will be heard by the Zoning Board of Adjustment on Tuesday, April 24, 2018, at 6:30 p.m., in the City Council Chambers of City Hall located at William Dodson Parkway, City Hall Plaza. If you have any further questions, please contact me at Respectfully, Hugh Pender Community Services Director/Building Official CITY OF FARMERS BRANCH cc: Deputy Chief Jay Siegel Farmers Branch Police Department

13 Mandatory Crime Reduction Program Havenhurst Apartments Crime index 3 applicable offenses for Assault (Part II crime) Burglary of vehicle (Part I crime) Criminal mischief (Part II crime) Calculation: 3 38* = = 7.9 *total # of units as provided by the complex on the Multiple Family Residence License Application

14 Mandatory Crime Reduction Program Havenhurst Apartments Goodland Street, Farmers Branch, Texas

15 Mandatory Crime Reduction Program Havenhurst Apartments

16 Information Memorandum To: From: Zoning Board of Adjustment Hugh Pender Director / Building Official Subject: Agenda Item No. 3 (18-01) Date: April 24, 2018 PUBLIC HEARING: Howard Freed of Freed s Furniture, tenant of Lot 5 Block 1 of the Metropolitan Industrial Park Sec 2 subdivision more commonly known as 4355 LBJ Freeway, is requesting permission to extend the amount of time allowed for a temporary banner sign to be displayed by eighty-eight (88) days. Ordinance No limits the display of flags, banners and balloons and other devices intended to draw attention to the property, business or product for up to sixty (60) days in a calendar year in connection with grand openings or special sales being conducted by said business. Freed s Furniture installed a Warehouse Clearance Sale banner on March 5, A variance to allow the temporary banner sign to exceed the allowable time frame by 88 days for a total of 148 days would be necessary to allow the current permit to remain valid through July 31, EXPLANATION: Freed s Furniture installed a temporary banner sign for a Warehouse Clearance Sale on March 5 th, 2018 and obtained a valid Special Sale/Grand Opening (Banner) Permit to do so. The time frame for Banner Permits is limited to 60 days per calendar year, and this permit shall expire on May 4 th, The store would like to keep the banner up longer while they conduct an extended sale. The warehouse clearance was unexpected, and is due to a 50% increase in rent at the Freed s warehouse located at 4720 Simonton Road in Farmers Branch. The furniture from the warehouse will have to be sold at the store located at 4355 LBJ Freeway, and it will take several months to liquidate the inventory. Freed s Furniture would like the banner to stay up for the entire time. An additional consideration is that due to the height of the banner upon the wall and the cost of renting equipment to take it down or put it up, Freed s Furniture cannot spread their dates out strategically as some businesses do (ex: 1 week on, 1 week off, etc.). It becomes cost-prohibitive. RECOMMENDATION: Staff is not opposed to extending the permit time frame, as long as this does not become a reoccurring request.

17 ACTIONS BY THE BOARD: 1. Motion to grant a variance to Ordinance No to allow the time frame for the temporary banner sign to be extended by 88 days for a total of 148 days for Freed s Furniture located at 4355 LBJ Freeway, (list conditions if applicable) because our determination from the facts and evidence presented at the public hearing indicated that literal enforcement of Ordinance 3247 will be contrary to public interest and; that enforcement of Ordinance 3247 will result in an unnecessary hardship. 2. Any other action desired by the Board. (such as continuing or tabling) Attachments: Application Area Map Banner Permit Application for Temporary Banner Sign Picture of Installed Banner Sign Inspection Results for Temporary Banner Sign Section out of Ord. No Notice to Surrounding Property Owners and Summary of Responses Location Map of Surrounding Property Owners List of Surrounding Property Owners

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20 N Feet 300 Document Path: J:\0GIS_FarmersBranch\Projects_Maps_FB\Notify_Prj\Notify.mxd ZBA Aerial View 4355 LBJ FWY This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Texas HB1147, Effective 9/1/2011 Date: 4/11/2018

21 McEWEN RD. McEWEN PD-1 LI D-90 PD-66 PD-40 PD-68 MIDWAY RD. N Feet ZBA Location View 4355 LBJ FWY This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Texas HB1147, Effective 9/1/2011 Document Path: J:\0GIS_FarmersBranch\Projects_Maps_FB\Notify_Prj\Notify.mxd Date: 4/11/2018

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30 April 17, 2018 Dear Property Owner: The Zoning Board of Adjustment will hold a public hearing at 6:30 p.m., on Tuesday, April 24, 2018, in the Council Chambers of City Hall located at William Dodson Parkway. Consideration will be given to the following: Howard Freed of Freed s Furniture, tenant of Lot 5 Block 1 of the Metropolitan Industrial Park Sec 2 subdivision more commonly known as 4355 LBJ Freeway, is requesting permission to extend the amount of time allowed for a temporary banner sign to be displayed by eighty-eight (88) days. Ordinance No limits the display of flags, banners and balloons and other devices intended to draw attention to the property, business or product for up to sixty (60) days in a calendar year in connection with grand openings or special sales being conducted by said business. Freed s Furniture installed a Warehouse Clearance Sale banner on March 5, A variance to allow the temporary banner sign to exceed the allowable time frame by 88 days for a total of 148 days would be necessary to allow the current permit to remain valid through July 31, Because your property is within 200 feet of the above address, law requires you be notified of the request. The Zoning Board of Adjustment urges you to make your desires known by either attending the public hearing or by writing the Zoning Board of Adjustment, c/o Hugh Pender, Building Official, William Dodson Parkway, Farmers Branch, Texas All correspondence will be recognized at the public hearing. If you have any questions regarding this request, please call Sincerely, Hugh Pender, CBO Building Official City of Farmers Branch Case 18-01

31 MIDWAY RD. 5 McEWEN RD. McEW N Feet ZBA Buffer View 4355 LBJ FWY This product is for informational purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. Texas HB1147, Effective 9/1/2011 Document Path: J:\0GIS_FarmersBranch\Projects_Maps_FB\Notify_Prj\Notify.mxd Date: 4/11/2018

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