PUBLIC NOTICE City of Lockhart Zoning Board of Adjustment 6:30 PM, Monday, January 9, 2023 Municipal Building = Glosserman Room 308 W. San Antonio St.  AGENDA  1. Call meeting to order. 2. Election of Officers for 2023.  3. Citizen comments not related to a public hearing item. 4. Consider the minutes of the December 5, 2022 meeting.  5. ZV-23-01, Hold a PUBLIC HEARING and consider a request by Clayton Penn for a Variance to Chapter 64 "Zoning", Lockhart Code of Ordinances, Section 64-197(8/(2)a), to waive the requirement for one covered parking space on 0.159 acre in the Byrd Lockhart League, Abstract No. 17, zoned RMD (Residential Medium Density) District, and located at 1015 Red River Street.  6. Discuss the date and agenda of the next meeting.  7. Adjourn.  Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street,  Lockhart, Texas at 1:00 p.m. on the 3rd day of January, 2023.    CITY OF LOCKHART ZONING BOARD OF ADJUSTMENT DECEMBER - 5, 2022  MINUTES  Members Present: Wayne Reeder, Mike Annas, Shawn Martinez, Laura Cline, Lori Rangel, Anne Clark,  Marcia Proctor  Member Absent: Lucy Knight (present in audience)  Staff Present:  Christine Banda, Kevin' Waller  Others Present: Tamara Carlisle (applicant, Agenda Item 4)  1. Callmeetingtoorder. Chair Cline called the meeting to order at 6:30p.m.  2. Citizen comments not related to a public hearingitem.  Chair Cline introduced two new Board members, Marcia Proctor and Lucy Knight.  3. Consider the minutes oft the November 7, 2022, meeting.  Member Clark moved to approve the November 7, 2022, minutes. Member Annas seconded, and 4. SE-22-04. Hold a PUBLIC HEARING and consider a request by Tamara Carlisle on behalf of The Lumberyard Lockhart, LLC, for a Special Exception as provided in Section 64-130(c)5), Chapter 64 "Zoning", Lockhart Code of Ordinances, to precludean amalkimaamemtainxa property due to an existing nonconforming lot depth on part of Lot 20, A.R. Chews Addition, consisting of at total of0.135 acre, zoned CMB (Commercial Medium Business District) and located Planning Staff Kevin Waller presented Staff's report, including maps showing the location of the property. He stated that the applicant wishes to build a single-family residence on the subject property. The requested Special Exception would allow the lot to be developed with a  the motion passed by a vote ofe 6-0.  at 500 West Market Street [tabled from November 7,2022 meetingl.  nonconforming depth. Mr. Waller stated that Staff recommends approval. Chair Cline opened the public hearing and asked for the applicant to come forward.  Applicant Tamara Carlisle of 1700 Rabb Road, Austin, stated that she is the owner of the subject property. She also owns other nearby parcels planned for single-family development. Carlisle explained that the homes will have front porches, with parkingat therear. She wishes to create a  nice, walkable community.  Zoning Board of Adjustment 12-05-2022    Chair Cline asked for any other speakers; seeing none, she closed the public hearing.  Member Martinez moved to approve SE-22-04 as submitted. Member Reeder seconded, and the  motion passed with a vote of7-0.  5. Discuss the date and agenda oft the next meeting.  Mr. Waller stated that the next meeting would be held Monday, January9, 2023, ifapplications: sare received by the deadline. The. January 9 date is the second Monday ofthe month, due to the City's Member Clark announced that she will be resigning from the Board, and that this is her last  observance of New Year's Day on January 2.  meeting. She has enjoyed working with everyone.  6. Adjourn.  Member Rangel moved to adjourn the meeting, and Member Martinez seconded. The motion  passed unanimously (7-0), and the meeting adjourned at 6:45 p.m.  Approved:  (Date)  Christine Banda, Recording Secretary  Laura Cline, Chair  Zoning Board of Adjustment 12-05-2022    1311 1310 1309 1305 BOXSL 1215 1213 1211 1207 1205)  1308 1305 1304  1303 1207 1201  1308  IL  MH 513 509 505 BROWN:ST:  CHB 205 207  1300  RHD  1207 1205 405 403321 CHINAST  504 S A 506 410  202  1204  605603 TOMAST 606  50750515031 407 510  320  300 1124 302 1107 1105 1013  513 514  IL APPLEST 1012 204  1105 1103  1406 1014 1012 1015 B 1010 0 1009 RMD  1109 E 1108 1107 4 1019 1017 1015 1013 MESQUITEST  11 1112 09 107 05 103 1104 1101 1102 1015 e 703 A9 0 6151 9 08 1009 1007 929 0 TANKST  1007 K 1008 IL  1024 - 0 1020 1018 1016 1012 848  RHD 0 CEDARST  4 1006 1003 1004  1002 a 003 341 339 931 930 929 927 928 902 915 900 903  917 918 0 916 906 911 905 900 2  340  844 842 840 838 834 830  842-B 837 CLB 835 833 831  321315 901 327 OUVEST w  835 821  82  831  ZV-23-01  SUBJECT PROPERTY ZONING BOUNDARY  1015 RED RIVERST  TO WAIVE THE REQUIREMENT OF COVERED PARKING  scale 1"=2 200'    CIBLANCOSI  DIMERS  CEDEIVERIS Comcdlons  EONDOST  RECOSS  GRADENS  BRADENS  ACHITA YOV TOPERND  GREENSI  NICHITA  805    PLANNING DEPARTMENT REPORT  ZONING VARIANCE  CASE SUMMARY STAFF CONTACT: REPORT DATE:  Kevin Waller, Senior Planner Kw  CASE NUMBER: ZV-23-01  January 3, 2023  PUBLICHEARING DATE: January 9, 2023 STAFF RECOMMENDATION: Approval BACKGROUND DATA  APPLICANT'S REQUEST: Variance to Section 64-197(g/(2)(a) to waive the requirement for one  covered parking space  APPLICANT AND OWNER: Clayton Penn SITE LOCATION: 1015 Red River Street SIZE OF PROPERTY: 0.159 acre EXISTING USE OF PROPERTY: Vacant  LEGAL DESCRIPTION: Byrd Lockhart Survey A-17 (metes and bounds) ZONING CLASSIFICATION: RMD (Residential Medium Density) District  ANALYSIS OF ISSUES  REASON FOR REQUESTED VARIANCE: The applicant proposes to relocate an existing, 900 square-foot craftsman-style house from Austin onto the subject property, and hasi informed Staff that the building is not a manufactured home. Approval of a Special Exception was granted by the Board on August 29, 2022 to allow the property to be developed with a 37.5-foot nonconforming parcel width. The current proposal is to waive the covered parking requirement of Section 64-197lg/(2)a) of the Zoning Ordinance, which requires one covered parking space (220 square feet) for the SF-2 development type in the RMD zoning district, through the Zoning Variance procedures. According to the enclosed site plan, an 18-foot-wide by 18-foot-deep uncovered asphalt driveway is proposed for parking. The proposed residence will meet all required setbacks, and will be renovated as part of the relocation onto the subject property per the applicant. Several photographs of the AREA CHARACTERISTICS: The area is primarily zoned RMD. The adjacent property to the south is vacant, as is the property to the west and that across Red River Street to the east. The adjacent property to the north is developed with a single-family residence. Three properties to the south of the subject property and located on the same block are developedwith single-family homes and have no covered parking, with the same circumstances applicable to four homes across Red River Street. UNIQUE CONDITIONS OF PROPERTY: Although there are no unique topographical features of the property that would preclude the placement of a carport or garage, the narrow' width of the property would necessitate its placement in front of the house. According to Section 64-197(8/(2)(a), placement of such in a location that is closer to the front property line than the house's front wall façade or covered porch is prohibited. The property's narrow width can therefore be considered a  house ini its current location are also enclosed.  unique physical condition that was not caused by an action oft the property owner.    NATURE OF HARDSHIP: Although there would be a reduced financial hardship associated with not providing covered parking, applicant Clayton Penn's written response to the variance criteria states that the request for the variance is not based exclusively upon his desire to avoid the cost of providing covered parking. It should be noted that financial implications are not the only factor when considering a variance. Mr. Penn places special emphasis on the property's narrow width, which would result in a carport occupying a sizeable portion oft the width ofthet front yard. EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: Due to the facts that approval of the Variance would not change the size or configuration of the lot, the property is already zoned for residential use, and required setbacks will be maintained, there would be no adverse impact on surrounding properties. The applicant states, and Staff agrees, that the Variance will not adversely COMPLIANCE WITH VARIANCE CRITERIA: In order to approve a variance, the Board must find that the request meets all six of the criteria outlined in Section 64-129(a) of the Zoning Ordinance. The applicant submitted the attached written explanation as evidence in support of the variance. Staff believes that the variance request warrants approval, if the Board determines that all six variance ALTERNATIVE SOLUTIONS: There are two alternatives. One would be to construct a new stick-built house on the property in lieu of moving the existing house in Austin onto the property, and design it such that a one- or two-car garage, or carport, be integrated into the design, while not extending the garage/carport closer to the front property line than the front porch or front wall. The other option would be to construct a detached carport or garage in front of the house to be moved onto the property, and set the house further back from the front property line to accommodate it. Both alternatives, although undesirable to the applicant, would avoid the need for a variance. PRECEDENT: Approval of a variance to the covered parking requirement might set an undesirable precedent. Other applicants might choose to move an existing home onto a property and seek a similarvariance to avoid incompatibility of character between a new construction garage/carport and the house. In this instance, however, the 37.5-foot width of the property might be seen as having limited "curb appeal" if either of the alternative solutions above were implemented, and does create  impact public health or safety.  criteria are met.  aunique condition of the property, as previously discussed. RESPONSE TO NOTIFICATION: None, as of the date of this report.    horah  Sol"-20  13  Uo  24  G3  ) 24X32 Cruftsw hene  36  30   18  37.5 Red Rivul                B62  RETA    Tov whomitr may concern- requirements criteria:  We are writingt tos submit av variance for 64-197/G)2)A) whichr requires one covered parking space (carport or garage ofat! least2 220: sq. ft). We wouldI like to waive the requirement for thet following reasons that comply with the submittal 1. Thet unique size of the! lot creates an exceptional hardship. Thel loti is very narrow, ato only. .17 acres, and the  covered carport would take up almost our entire front yard and be illogical. 2. Ther narrow characteristic was not caused bya any of our actions. 3. We think omitting the carport requirement ist the minimal action tot take. Thes soler reasoni for doing this is not for reducedi financial hardship. 5. This variance willr not adversely affect public safety or health. 6. Itwill not alter the essential character oft the zoning district.  Thank youf for your time. Look forward to moving our beautiful house into this beautiful neighborhood.  Thank you, Clayton Penn 12/12/2022    CITYOF  ZONING VARIANCE APPLICATION  lockhare  /512/398-3461 . FAX/512/398-3833 P.O. Box 239 . Lockhart, Texas 78644  lersnAnonesret  APPLICANTIOWNER  APPLICANT NAME Cloy PenA DAY-TIME TELEPHONE, 611413-4578 E-MAIL. Clytic-pe gmoil.cann  ADDRESS 505 SGuadalupcs.  Lolhef,TX  78645  OWNER NAME DAY-TIME TELEPHONE E-MAIL  Gmjil as dbove ADDRESS  PROPERTY  ADDRESS OR GENERAL LOCATION LOIS BedRivews  LEGAL DESCRIPTION (IF PLATTED) SIZE. .159 ACRE(S)  Mekes od Bomi-Bl Lackhu  A-1t  ZONING CLASSIFICATION  RMD  EXISTING USE OF LAND. AND/OR BUILDING(S). REQUESTED ZONING VARIANCE  Aoyp  VARIANCE TO SECTION(S)  64-197GKA  OF THE ZONING ORDINANCE  CURRENT ORDINANCE REQUIREMENTIS) cumnthy reqrnes Ge Covered packiry space in Ywe Dexm oha carpolt egamgeofgt leact 216sP(onehice, ler K SE-) dovelehent tyre REQUESTEDVARANCES) We prapose a artance 4o  Waiwe Sre Covered Parkhy requivemonts Inhe  Sackton  qlve.    SUBMITTAL REQUIREMENTS  IF THE APPLICANT IS NOT THE OWNER. A LETTER SIGNED AND DATED BY THE OWNES CERTIFYING THEIR OWNERSHIP OF THE PROPERTY AND AUTHORIZING THE APPLICANT TO REPRESENT THE PERSON, ORGANIZATION, OR BUSINESS THAT OWNS THE PROPERTY. IFNOTI PLATTED, A METES AND BOUNDS LEGAL DESCRIPTION OF THE PROPERTY.  A WRITTEN STATEMENT DOCUMENTING THE REASON FOR THE VARIANCE(S), INCLUDING EVIDENCE THAT THE REQUEST COMPLIES WITH THE FOLLOWING CRITERIA AS REQUIRED FOR  APPROVAL OF A VARIANCE.  1. A unique physical condition exists within or adjacent to the subject tract or structure(s) located thereon which distinguishes it from other similarly situated, and which creates an exceptional hardship, difficulty, or inequity that would result from literal enforcement of the ordinance; 2. The condition or characteristic noted above is not caused by an action of the property owner, 3. The variance is the minimum amount necessary to allow a reasonable use of the property; 4. The sole reason for the variance is not a desire of the owner, occupant, or applicant for 5. The variance will not adversely affect public health or safety, and will not substantially or permanently interfere with the appropriate use of adjacent conforming property in the same 6. The variance will not alter the essential character of the zoning district within which the subject property is located, andi isi in harmony with the intent and purposes of the zoning ordinance. SITE PLAN, SUBMITTED ON PAPER NO LARGER THAN 11"X17", SHOWING: 1) Scale and north arrow; 2) Location of site with respect to streets and adjacent properties; 3) Property lines and dimensions; 4) Location and dimensions of buildings; 5) Building setback distances from property lines; 6) Location, dimensions, and surface type of off-street parking spaces and loading areas; and, 7) any other proposed APPLICATION FEE OF $ As PAYABLE TO THE CITY OF LOCKHART AS FOLLOWS:  occupant, or applicant;  increased financial gain or reduced financial hardship;  district; and,  features of the site which are applicable to the requested variance.  1/4 acre or less Between 1/4 acre and one acre One acre or greater  $125 $150  :  $170 plus $20.00 per each acre over one acre  TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS ARE COMPLETE AND CORRECT, AND IT IS UNDERSTOOD THAT I OR ANOTHER REPRESENTATIVE SHOULD BE PRESENT AT ALL PUBLIC MEETINGS CONCERNINGTHIS APPLICATION.  SIGNATURE   DATE D/g/aL    OFFICE USE ONLY  ACCEPTED BY Kavin WAler DATE SUBMITTED 3/3777 DATE NOTICES MAILED 2-2-lor  RECEIPTI NUMBER R01193853 CASE NUMBER zV.2.3 9  DATE NOTICE PUBLISHED 12-27-221  BOARD OF ADJUSTMENT MEETING DATE 1/9/73  DECISION CONDITIONS