CITY OF LOCKHART ZONING BOARD OF ADJUSTMENT MARCH 01, 2021 MINUTES  Members Present: Wayne Reeder, Mike Annas, Laura Cline, John Juarez, Kirk Smith, Anne Clark (By  Phone), Severo Castillo (By Phone)  Member Absent: Lori Rangel  Staff Present:  Christine Banda, Kevin Waller  Others Present: David Francis (Applicant, Agenda Item (5))  1. Call meeting to order. Chair Cline called the meeting to order at 6:30 p.m.  2. Election of Officers for 2021.  Member, Annas moved to approve Laura Cline for Vice Chair and Anne Clark for Vice-Chair. Member  Reeder seconded, and the motion passed by a vote of6 6-0. 3. Citizen comments not related to a public hearing item. None 4. Consider the minutes of the October 5, 2020 meeting.  Member Smith moved to approve the October. 5, 2020 minutes. Member Annas seconded, and the 5. ZV-21-01. Hold a PUBLIC HEARING and consider a request by David Francis for a Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required rear-yard building setback from 10 feet to 2.5f feet, for a replacement shed on Lot 4 and parts of Lots 2, 3, and 5, Block 3, Polks Subdivision, zoned RMD (Residential Medium Planning Staff Kevin Waller presented the staff report to the Board. He: stated that the applicant would like to rebuild and enlarge a storage shed near the rear property line. The existing shed is two and one-half feet from the rear property line and does not meet the minimum rear-yard building setback requirement of 10 feet. Since the shed is to be rebuilt in its entirety, the 'grandfathered" rear-yard setback will be lost, and the new shed must comply with the minimum 10-foot rear-yard setback. Mr. Waller gave a PowerPoint presentation which included photos of the property and surrounding properties, as well as a review ofthe six Variance criteria. He stated that Staff recommends approval if the Board determines that all six variance criteria are met. Chair Cline opened the public hearing and asked for the applicant to come forward.  motion passed by a vote of 6-0.  Density District) and located at 401 South Guadalupe Street.  Zoning Board of Adjustment 03-01-2021    Applicant David Francis of 401 South Guadalupe Street explained that he would willingly rebuild the shed in a conforming location if he thought there was a better place on the property to do: SO. Mr. Francis believes the existing location isi ideal and is close to another outbuilding on his property with nonconformings setbacks where he would ultimately liket to construct ar roofe extension and also have an open outdoor area for family entertainment. He stated that the shed's existing location  offers great shade from a large oak tree. Chair Cline asked if there were any other speakers.  Rachel Carter of 420 West Live Oak explained that two buildings on the applicant's property also extend onto her property. She stated that the City's building setbacks are in place for a reason. Ms. Carter expressed concerns that if one of the trees on her property, which provides shade for the applicant's storage shed, damages any of his buildings, she would be held liable for damages. Carter explained that if the applicant would agree to construct an 8-foot tall cedar fence along the rear property line and trim the portion of her tree which hangs over his property and waive her liability, she would bei in favor oft the variance. As proposed, Carter is not in favor of the variance.  Vice-Chair Clark asked how long each property owner has lived at their address. Ms. Carter replied that she has owned her property for six years. Mr. Francis stated that he has owned his property for 11 years.  Chair Cline asked ift there were any other speakers. Seeing and hearing none, she moved to Board The Board discussed Ms. Cartersconcernsi regarding gheroverhangingtree: and the potentiall liability Vice-Chair Clark moved to deny ZV-21-01. Member Castillo.seconded, and the motion passed by a  discussion. issue. vote of6-0.  6. Discuss the date and agenda of the next meeting.  Mr. Waller stated that the next regularly scheduled meeting would be held Monday, April 5, 2021,  ifapplications are received by the March 15 deadline.  7. Adjourn.  Member Reeder moved to adjourn the meeting, and Member Juarez seconded. The motion passed  by a vote of 6-0, and the meeting adjourned at 7:02 p.m.  Approved: Hisla  (Date)  Chhu Banke  Christine  dlh Laura Cline, Chair  Banda, Recording Secretary  Zoning Board of Adjustment 03-01-2021