MINUTES REGULAR MEETING  HEATH PLANNING & ZONING COMMISSION TUESDAY, SEPTEMBER, 5, 2023 at 6:30 PM JAMES' TUNNELL, CHAIRMAN WAYNE GORDON, VICE-CHAIRMAN THOMAS BISHOP MIKE: RASK JOE: RUSZKIEWICZ BOB SHAW HARRY HEINKELE  ATTENDING:  ABSENT:  Chairman James Tunnell called the meeting to order at 6:30p.m.  2. Public Comment  No one signed in to speak at the open forum. Meetings and discussion ofsame.  3.a Receive Report Regarding the May 23, June 27, July 11 and Aug 8, 2023 City Council Chairman Tunnell acknowledged receipt oft the recap oft the Council Meetings regarding P&Zitems 3.b Discussion and. Action Regarding the Minutes oft the May 2 and June 6, 2023 Regular MOTION: APPROVETHE, MINUTES OF THE: MAY: 2 and JUNE 6, 2023 MEETINGS.  covered at the May 2 and June 61 Planning and Zoning meetings.  Meeting. MOTION: MADE: SECONDED: APPROVED: ABSENT:  RUSZKIEWICZ SHAW HEINKELE  PASSEDUNANANIMOUSLY BY' THOSE PRESENT  3.c Case No. CUP-2023-01: Conduct a Public Hearing and act on an Ordinance to grant a Conditional Use Permit to construct a guest house measuring: 1,157 square feet in lieu of the maximum area of 900 square feet allowed in the Ridge Lakes Planned Development established by (PD-SF) Planned Development for Single Family Uses Ordinancel No. 141118Aresulting in a variance of257 square: feet. The subject property isl located at 536Lodge Hill Drive, being 1.16 acres ofland described as Lot 5, Block A, Director of Planning, Aaron Adel stated that this case was brought forward in the spring and is now back for consideration of a Conditional Use Permit to construct a guest house of 1,157 SF in lieu of the maximum area of 900 SF allowed in the Ridge Lakes Planned Development (Ordinance No. 141118A) at 536 Lodge Hill Drive. Notice of Public Hearing was published in the Dallas Morning News, posted on the city website, and mailed to 33 neighboring properties on August 24th and one response was returned in favor and none in opposition. In May 23, City Council followed the Planning and Zoning Commission's recommendation and denied without prejudice and waived the reapplication feet to encouraget the applicant to coordinate with staffand reduce the requested square footage. The original application was 1,239 SF guesthouse, 720 SF cabana totaling 1,959 SF for a 1,059 SF variance. The new application attaches the cabana to the primary residence by breezeway converting it from an accessory structure into an addition to the home and reduces the guesthouse to 1,157 SF resulting in a 257 SF variance. The Site plan includes one accessory structure, a guesthouse measuring approximately 39' x 29' or 1,157 SF. The guesthouse has notl been built. The Ridge Lakes PD does not vary the accessory structure regulations in the SF-43 zoning district.  Ridge Lakes Phase One. (Rockwall CAD IDNo. 89797)  Planning & Zoning Minutes - September 5.. 2023  Page 1of3    Therefore, the SF-43 standards in $ 159.21 apply to the guesthouse, $ 159.21(B)(14) limits the maximum size for a single accessory structure to 900 SF; The proposed guesthouse size is greater than 900 SFand does not complywith $159.21(B)(14); $159.21(0))allows: accessory buildings that don't conform to $159.21(B)(14) to be approved with a CUP; a CUP to allow a guesthouse not to exceed 1,157 SFi is necessary. Per S 159.43 (G)(5), the P & Zand Council may impose conditions to carry out the spirit and intent of the CUP section and mitigate adverse effects oft the use including increased open space, loading and parking requirements, suitable landscaping, and additional improvements such as curbing and sidewalks. Applicant and owners Charles & Yuddie Ogwudire,  536 Lodge Hill, were present and provided a information regarding their request. HEARING to receive comments regarding the request. support or opposition, Tunnell closed the public hearing at 6:48 p.m.  Chairman James Tunnell opened the public hearing at 6:47 p.m. and with no one speaking in  Executive Session  At 6:48 p.m., Tunnell recessed the meeting to Executive Session (closed meeting) stating that in accordance with' Texas Government Code Chapter 551, Subchapter. D, Section 551.071 to discuss the following: Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, regarding item no. 3c Case No. CUP-2023-01. At 7:19 p.m, Tunnell closed Executive Session and reconvened the meeting into open session stating The Commission continued discussion and the consensus was to try to help the applicant work within the perimeters oft the 900 sq feet maximum allowed and stated that approving the request as  that no action was taken in the Executive Session. Discussion and action regarding the request. presented would set aj precedent for future requests. MOTION: DENYTHE CUP REQUEST.  MOTION MADE: SECONDED: APPROVED: ABSENT:  RUSZKIEWICZ GORDON HEINKELE  PASSED UNANIMOUSLY BY THOSE PRESENT  3.d Case No. CUP-2023-05: Conduct a Public Hearing and act on an Ordinance to grant a Conditional Use Permit for property located at 1 Penrith Court, being 0.77 acres described as Lot 90, Block A, Stoneleigh Phase Three Addition, to construct a two- story detached garage with air-conditioned living space measuring 2,475 square feet and 29.5 feet in height in lieu ofthe maximum area ofgo0 square feet and maximum height of15 feet allowed in the Heath Code ofOrdinances $159.21(B)(4) resulting in a square footage variance of 1,575 square feet and a height variance of 14-5 feet. The propertyis: zoned (PD-SF) Planned Development for Single Family Uses by Ordinance Director of] Planning, Aaron Adel stated this casei is for a Conditional Use Permit CUP application to construct a: 2-story detached garage with air-conditioned living space measuring 2,475 SF and 29-5 feet in height inl lieu oft the maximum area of 900 SF and maximum height of 15 feet resulting in a variance of1,575 SFand al height variance of14-5 feet. Notice of Public Hearing was published ini the Dallas Morning News, posted on the city website, and mailed to neighboring properties on August 24, 2023. 29 notices were mailed within 500' boundary, one response in favor, 27 responses in opposition. There were enough notices returned in opposition to qualify as a Written Protest according to our ordinance: requirements in S 159.80 (C)(3); signed by the owners of 20% or more of the lots or land immediately adjoining the [subject property] and extending 200 feet therefrom; 10 lots within 200'; 20% = minimum two lots in opposition to constitute written protest; three lots inc opposition =: 20%] plus; and the change shall not become effective except by the favorable vote of three-fourths of all members of the City Council of Heath. The property is 0.77 acres; garage  No. 050120A. (Rockwall CAD ID No. 64705)  Planning & Zoning. Minutes - September. 5. 2023  Page. e20f3    footprint is approx. 26'x46' SF (1,196 SF); 25-5' Side Setback/Drainage & Utility Easement; 35' separation between house and garage; The CityofHeath enforces the Heath Code ofOrdinances and The Stoneleigh HOA enforces any Covenants, Conditions and Restrictions; The Stoneleigh PD for Phase 3 does not vary the accessory structure regulations in the SF-43 zoning district. Therefore, the SF-43 standards in S 159.21 apply to the guesthouse. The application does not comply with the regulations $: 159.21 (B)(14) that limits the maximum size for a single accessory structure to 900 SF and the maximum height to 15; S 159.21 (C)(2) allows accessory buildings that do not conform to the requirementsin S 159.21 (B)(14) with a Conditional Usel Permit.' Theresulting variances are: 1,575 SF and 14.5' in height; and a CUP to allow a detached garage with air-conditioned living space not to exceed 2,475 SF and 29.5' in height is necessary for the project to proceed as proposed. Owner Antoine Riley was present and provided information regarding his request and stated that after listening tot the Commission deliberate, he was not prepared with the information that he was given and wished to withdraw his request for a Conditional Use Permit. He stated that he would go back toi the drawing board and see what he could do tol be more: in compliance toi the requirements.  HEARING to receive comments regarding the request. Chairman James Tunnell opened the public hearing at 7:46 p.m.  Joe Leonard, 2 Sheffield Court, asked if this moved forward, does the CUP approval have Attorney City Marie Johnson stated that is request is for an accessory building/detached  anything to do with a change of use from residential to commercial. garage only, the uses ofthe residential structure: is not at issue.  Tunnell closed the publicl hearing at 7:48 p.m.  MOTION: ACCEPT. APPLICATION WITHDRAWAL OF THE CUP BY. APPLICANT.  MOTION MADE: SECONDED:  GORDON RUSZKIEWICZ GORDON RUSZKIEWICZ HEINKELE  AMENDED MOTION: ACCEPT APPLICATION WITHDRAWAL OF THE CUP BYTHE  APPLICANT AND WAIVE RE-APPLICATIONI FEE.  MOTION: MADE: SECONDED: APPROVED: ABSENT:  PASSED UNANIMOUSLYI BYTHOSEI PRESENT  Chairman James Tunnell adjourned the meeting at 7:51 p.m.  APPROVED:  ATTEST:  Damctonsall JAMESTUNNELL CHAIRMAN  NORMA: DUNCAN CITY SECRETARY  DF S  Vonufla  59  EOFT  Planning & Zoning Minutes - September. 5.. 2023  Page. 3 of3