CITY OF LOCKHART ZONING BOARD OF ADJUSTMENT JULY12, 2021 MINUTES Members Present: Laura Cline, Wayne Reeder, Mike Annas, Anne Clark, Kirk Smith, Severo Castillo (by phone), Lori Rangel (by phone) Member Absent: Shawn Martinez Staff Present: Christine Banda, Kevin Waller Islas (applicant, Agenda Item (5)) Others Present: Marjorie Tiemann (applicant, Agenda Item (4), Joel Perez, Fermin Islas, Marisa 1. Callr meeting to order. Chair Cline called the meeting to order at 6:30p.m. 2. Citizen comments not related to apublic hearingitem. None 3. Consider the minutes of the June 7, 2021, meeting. Vice-Chair Clark moved to approve the. June 7, 2021, minutes. Member Annas seconded, and the 4. FV-21-01. Hold a PUBLIC HEARING and consider a request by Marjorie Tiemann for a Variance to Lockhart Code of Ordinances, Chapter 12, Section 12-490(3), to allow a six-foot tall privacy fence to be placed in the front yard, extending along the south (side) property line to the front property line, on 0.235 acre in the Francis Berry Survey, Abstract No. 2, zoned RMD Residential Medium Density Planning Staff Kevin Waller presented his staff report to the Board. He informed them that Staff received al letter in support oft the variance request from a neighbor. The applicant wishes to place as six-foot high privacy fence along the south (side) property line, which would encroach into the required 20-foot front yard setback. Mr. Waller gave a PowerPoint presentation, including photos of the property and the side property line where the fence would be placed. He stated that Staff recommends denial but suggests an alternative solution to install tall shrubbery or dense vegetation to help provide screening from the neighboring property tot the south. Chair Cline opened the public hearing and asked for the applicant to come forward. motion passed by a vote of 7-0. District and located at 406 Concho Street. Applicant Marjorie Tiemann of 406 Concho Street explained that she has had general problems with her neighbor to the south. She would like to install the six-foot privacy fence to help provide a barrier and promote more peaceful relations with her neighbor. Zoning Board of Adjustment 07-12-21 Joel Perez of 408 Concho Street explained that although he isnot opposed to the fence, he does have two requests. Mr. Perez wants to ensure that the fence is placed on the actual side property line and will not encroach onto his property. While the fence is being constructed, he does not want any debris on his property. Perez stated that he has experienced harassment both from Ms. Tiemann and hers son, so1 thei fence may or may not provide peace because his neighbors are natural Chair Cline asked for any other speakers; seeing or hearing from none, she closed the public complainers. hearing. Discussion ensued regarding precedent and civil matters. Vice-Chair Clark moved to approve FV-21-01 because the Police Departmentsuggested. tot the owner that approval is a possible solution, and with the conditions that the fence be constructed on the actualside propertyline, with no construction materials alowedtofalontothenephborspropery. Member Annas moved to deny FV-21-01. Member Reeder seconded, and the motion passed by a 5. ZV-21-07. HoldaPUBLCHEARINGandconiderarauest by Marisa Islas fora Variance to Appendix LChapter 64 "Zoning", Lockhart Code of Ordinances, to allowareduction in the minimum required front-yard building setback from 25 feet to 19.7 feet, for a recently constructed single-family residence on Lot 31, Islas Addition, consisting of 0.273 acre, zoned RLD (Residential Low Density Mr. Waller presented a survey oft the subject property showing ther new omesencroachmentinto the front-yard setback. According to correspondence with the Building Official, a form survey should have been provided the City to confirm the location prior to construction. The survey was unfortunately not provided until after the home was constructed. Mr. Waller explained that a unique condition does exist, due to the illusion of the home meeting the required front setback since the street curves at this location. He stated that Staff recommends approval. Chair Cline opened the public hearing asked fori the applicant to come forward. The motion failed for lack of a second. vote of 6-1 with Vice-Chair Clark against. District) and located at 1700 Meadow Lane. Fermin Islas of 1702 Meadow Lane, father of the applicant, stated that he gave the lot to his daughter sO that she could build a home. It was not their intention to build within the front-yard setback. They were unaware oft the increase in right-of-way width at the curve, and assumed that itwas of a normal width for a residential street. Mr. Islas apologized for not turning in the form survey ahead of time, and asked for approval of the Variance. He continued that the home's front Applicant Marisa Islas of 1700 Meadow Lane explained that there was ar miscommunication during the construction process, and that construction was completed during the pandemic. Ms. Islas mentioned that approval of the Variance would not result in financial gain or loss, and that it wouldn't make sense to cut off part of the home to comply with the front setback requirement. setback appears like the others int the neighborhood. She apologized for the miscommunication between herself andi the contractor. Zoning Board of Adjustment 07-12-21 Chair Cline asked for any other speakers; seeing or hearing from none, she closed the public Member Clark moved to approve ZV-21-07. Member Smith seconded, and the motion passed by a hearing. vote of 7-0. 6. Discuss the date and agenda of the next meeting. Mr. Waller stated that the next regularly scheduled meeting would be held Monday, August 30, 2021, if applications are received by the deadline. No applications had been received by the July 12 deadline for the August 2 meeting. 7. Adjourn. Member Clark moved to adjourn the meeting, and Member. Annas seconded. The motion passed by avote of 7-0, and the meeting adjourned at 7:19 p.m. 2-6-2021 (Date) Olue Approved: Chentubaste Christine Banda, Recording dane Laura by Secretary 4 Zoning Board of Adjustment 07-12-21