PUBLICNOTICE City of Lockhart Zoning Board of Adjustment 6:30 PM, Monday, January 6, 2025 Municipal Building Glosserman Room 308 W. San Antonio St. AGENDA 1. Callm meeting to order. 2. Elect Chairman and' Vice-Chair for 2025. 3. Citizen comments not related to a public hearing item. 4. Consider the minutes of the November 4, 2024 meeting. 5. ZV-24-08. Hold a PUBLIC HEARING and consider a request by Ivan Tristan for a Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required lot depth standard from the required 120 feet to 102.22 feet, on 0.235 acre in the Francis Berry Survey, Abstract No. 2, zoned RMD (Residential Medium Density), and located at 204N. Rio Grande St. 6. Discuss the date and agenda of the next meeting. 7. Adjournment. Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart, Texas at 1:00 p.m. on the 30th day of December, 2024. CITY OF LOCKHART ZONING BOARD OF ADJUSTMENT NOVEMBER 4, 2024 MINUTES Members Present: Laura Cline, Wayne Reeder, Mike Annas, Lori Rangel, Shawn Martinez, Lucy Knight, Arnold Proctor, Patrick: Stroka Members Absent: None Staff Present: David Fowler, Kevin Waller, Romy Brossman Others Present: Alan Balser (applicant, Agenda Item 5), Natalie Douga, Linda Hinkle 1. Call meeting to order.- Chair Cline called the meeting to order at6:30 p.m. 2. Elect Chairman and Vice Chairman for 2024 Member Reeder moved to nominate Chairwoman Cline to continue as Chairwoman, and Vice- Chair Rangel to continue as Vice-Chair. Member Annas seconded, and the motion passed with a vote of 7-0. 3. Citizen comments not related to aj public hearingitem. None 4. Consider the minutes of the April 1,2024 meeting. Chairwoman Cline asked that Vice-Chair Rangel be moved from the Members Present to the Member Stroka moved to approve the minutes, as amended. Member Martinez seconded, and 5. ZV-24-07. Hold a PUBLIC HEARING and consider a request by Alan Balser for a Variance to Appendix II of Chapter 64 Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required lot width, depth, and area standards, on 3.648 acres in the Byrd Lockhart Survey, Abstract No. 17, zoned AO (Agricultural-Open. Space), and located at 1109, 1111, and Planning Staff Kevin Waller presented the staff report using a PowerPoint presentation. A subdivision plat was recently submitted for review for a 5.306-acre property, which includes a portion of a 17.228-acre property owned by applicant Alan Balser, as well as three parcels accessed by Meadow Lake Drive, a private road described on the plat as a 60-foot-wide access Members Absent list. the motion passed with a vote of 7-0. 1117 Silent Valley Road (F.M. 2001). Zoning Board of Adjustment 11-04-2024 easement. The zoning variance is necessary since these three parcels are currently nonconforming with respect to the width, depth, and area standards set forth in Zoning Ordinance Appendix II, and will continue to be nonconforming after the subdivision plat is recorded. The three parcels are zoned AO Agricultural-Open Space), which requires minimum depth and width dimensions of 200 feet by 200 feet, and a minimum lot area of one acre. Specifically, the proposed Lot 2 will have an average width of 198.25 feet, average depth of 174.85 feet, and lot area of 0.796 acre. Lot 3 will have an average width of 198.04 feet, a depth of 174.92 feet, and lot area of 0.795 acre. Lot 4 will have an average width of 167.61 feet. While the lots will remain nonconforming, their widening and resulting increase in area will make the lots more conforming to the AO standards upon approval of the subdivision plat. Staff recommends Member Reeder asked if the current property owners also reside at the properties, and if they Mr. Waller replied that the owners do reside at their properties, and have signed consent forms Chairwoman Cline opened the public hearing for those wantingtospeak in favor of the variance. Applicant Alan Balser, 11166 Lawnhaven Rd., Dallas, TX, stated that this request will enable the three properties to become more conforming to the one-acre minimum lot size. It also allows the homeowners to own their road (Meadow Lake Drive). The road will always be theirs; it will Natalie Douga, 1111 Silent Valley Rd., Lockhart, stated that she regularly represents the 1109 and 1117 Silent Valley Rd. homeowners at council meetings. Mrs. Douga stated that they are all aware of what's going on and are in agreement. They appreciate Mr. Balser allowing Meadow Linda Hinkle, 1109 S. Main St., Lockhart, stated that this is a reasonable thing to fix and has taken Member Proctor moved to approve ZV-24-07. Member Martinez seconded, and the motion approval of the zoning variance. have been notified oft this hearing. top participate in this process. always be private. Lake Drive to be included within the homeowners' property boundaries. al long time. It'sag good solution that protects everybody. passed with a vote of 6-0, with one abstention. 6. Discuss the date and agenda oft the next meeting. Mr. Waller stated that no applications have been received for the next regularly scheduled meeting, therefore the December 2nd meeting will be canceled. Zoning Board of Adjustment 11-04-2024 7. Adjournment. Vice-Chair Rangel moved to adjourn the meeting, and Member Reeder seconded. The motion passed with a vote of 7-0, and the meeting adjourned at 6:56, p.m. Approved: (Date) Romy Brossman, Recording Secretary Laura Cline, Chairwoman Zoning Board of Adjustment 11-04-2024 734 423 415 744 740738 RHD 809 414 521 531 541 603 814 810 621 639 629 637 635 d ARCST BOIS 660 646 210 RMD 208 3 204 FIR-LN- a 118 116 146m - 114 113 607 703 602 159 711 717 725 731 801 610 608 644 618 614 606 700 . à 207 716 710 730 724 E 222 319 O LA 317 220 317 317 801 139 RHD 629 643 648 649 713 711 201 719 733 725 610 652 650 - 708 702 712 730 732 734 802 703 625 617 717 RHD ANTONIOET B 728 722 716 102 104 715 817 831 835 901 917 PI 815 803 801 WSAN 610 714 700 806 802 115 816 822 111 ZV-24-08 SUBJECT PROPERTY ZONING BOUNDARY 200 FT BUFFER Scale 1"= 200' 204 N RIO GRANDE ST VARIANCE TO LOT DEPTH ARCOSS PECCZ MST RTOGRANDES OG ANDES SMEDINA MIAEDIAST PLANNING DEPARTMENT REPORT ZONING VARIANCE CASE SUMMARY STAFF CONTACT: Kevin Waller, Senior Planner Kw REPORT DATE: December 30, 2024 PUBLICH HEARING DATE: January 6, 2025 STAFF RECOMMENDATION: Approval CONDITIONS: None BACKGROUND DATA APPLICANT: Ivan Tristan CASE NUMBER: ZV-24-08 APPLICANT'S REQUEST: Variance to Appendix I of Chapter 64 to allow a reduction in the minimum required lot depth standard OWNERS: Ivan Tristan and Jiovanna Llamas SITE LOCATION: 204 N. Rio Grande St. SIZE OF PROPERTY: 0.235 ac. EXISTING USE OF PROPERTY: Vacant ANALYSIS OF ISSUES LEGAL DESCRIPTION: Francis Berry Survey, Abstract No. 2 (property survey attached) ZONING CLASSIFICATION: RMD (Residential Medium Density) REASON FOR REQUESTED VARIANCE: The variance request is to allow for construction of a duplex on the subject property. The property is currently nonconforming with respect to the depth standard for both the Duplex Family-1 (DF-1) or Duplex Family-2 (DF-2) development types set forth in Zoning Ordinance Appendix I. According to the survey submitted with the application materials, the property's depth is 102.22 feet, which falls short of the 105-foot depth standard of the DF-2 type and the 120-foot standard of the DF-1 type. The property's width is 100 feet, with an area of 10,222 square feet, well above the width standards of 50 feet and 65 feet for the DF-2 and DF-1 development types, respectively, and above the area standards of 6,000 square feet and 8,500 square feet for the DF-2 and DF-1 types, respectively. Please refer to the applicant's written AREA CHARACTERISTICS: The subject property is located primarily within a single-family residential neighborhood. A duplex is located on the same block as the subject property, at 210 N. Rio Grande St. The adjacent property to the north is zoned RMD and contains a single-family residence. The property to the west, across North Rio Grande Street, as well as that to the south, across Fir Lane, are also zoned RMD with single-family residences. The adjacent property to the east is zoned RMD, and contains what appears to be a vacant building, classified as commercial by the Caldwell County UNIQUE CONDITIONS OF PROPERTY: According to the applicant's attached letter, although the property is nonconforming with respect to depth, its 100-foot width far exceeds the 50- and 65-foot width requirements for the DF-1 and DF-2 development types, as noted above. Staff also notes the property'sarea, at 10,222 square feet, exceeds the 6,000 and 8,500: square-foot area standards of the DF-1 and DF-2 types. Staff believes that the property's generous width and areai figures, relative toi its responses to the zoning variance review criteria. Appraisal District. shallow depth, present conditions unique to the property. NATURE OF HARDSHIP: The main hardship associated with the property and the construction of a duplex is the propert/5noncontoming depth. Although it could be perceived that construction of a duplex on the property maximizes financial gain, thereby minimizing financial hardship, the current dimensions of the property could potentially allow a subdivision into two single-family lots that could provide even more financial gain than a single duplex. However, a subdivision in this instance would result in two lots that would be slightly nonconforming with respect to lot depth and area, thereby EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: Although approval oft the variance would result in additional traffic associated with two dwelling units instead of one, the additional impact to COMPLIANCE WITH VARIANCE CRITERIA: In order to approve a variance, the Board must find that the request meets all 6 of the criteria outlined in Section 64-129(a) of the Zoning Ordinance. The applicant submitted the enclosed written explanation as evidence in support of the variance. Staff ALTERNATIVE SOLUTIONS: One alternative solution would be to construct a single-family residence on the property. This alternative, however, would require a Special Exception approval from the Board, since the property does not meet the required 105-foot depth standard for a single-family home. Another alternative solution would be to subdivide the property to allow for two single-family residences, which would require a variance approval as noted above. The granting of the requested variance to allow a duplex, however, would yield the same number of dwelling units as a subdivision PRECEDENT: A Zoning Variance was approved by the Board on November 4, 2024 to allow for nonconforming lot depths, as well as widths and areas for three properties to be subdivided, located along Meadow Lake Drive (Case File #ZV-24-07). Although approval of that variance might have set a precedent for similar requests including the current request, each variance must be strictly considered on a case-by-case basis, and exhibit characteristics inherently unique to that particular property. Staff believes that the subject property does have conditions unique to the property, being the generous width and area noted above, and therefore, a precedent is not likely to be set. requiringaz zoning variance to allow the nonconformities. surrounding gproperty: and traffic safety would be negligible. believes that the variance request warrants approval. into two single-family lots. RESPONSES TO NOTIFICATION: None, as of the date of this report. City of Lockhart Caldwell County, Texas Francis Berry Survey A-2 EFE 102 0.235 ac. Soale 1"-20 tA e fic! E 3 36.3 N sirnn (R.0." Lane Fir PROPOSED GF. #R4-803162-T INSURED: lvon Trieton and Jlovonne lamas 911A ADORESS: 204N N. Rlo Grunde St. Lockhart, Texce 78644 General Notes )Before digging call 811 lov verify! locations ofa anyu utilities, pipelines, ord other sincet thes surveyorc cannotg guaranteeil the exact position ofthesee encumbrances. 2)Thep property shownh hasa access loand froma publicr roadway. 3)THISS SURVEY ISFOR USE WITHT THIS ONET TRANSACTIONG ONLY. 4) FLOOD ZONES SHOWN ARE APPROXIMATE. AND CREATE NO LIABILITY ONT THE PARTOFT THES SURVEYOR ANDA AREI BASED ONF FROMAF FLOODI INSURANCERATEMAP Thep property shown liesi inF Floodz Zone" "X" according! lo FEMA Panel #48055C0120E effective date June 19, 2012. Flood Zone" "X"i isarcasd determined! tob be outsidet the 0.2% annualo chance floodplain. WARNING: This flood Statement, as Determined by a H.U.D. FI.A. FLOOD HAZARD BOUNDARY MAP, DOESN NOTI IMPLY that thel Property or thei improvements! thercons willbeF Free from Flooding orF Flood Damage. On rareo occasions, Greater Floods Cana andV Will Occur, andf Flood ofrecord LEGEND CAPPED STAMPED 1/2: "HNKLE RON SURVEYORS" SET 1/2" IRON PNF FOUND PKNAL SET ASPHALT POLE WATER WETER STOP SIGN GuY WRE ORICINAL DEEDED CALIS FNCES MEANDER GRAVEL CONCRETE UMLESS NOTED Orawn By: H 20241B71-Bullingaitle Oraving: Word Olek: Begln 06012024 Autoood Dlek Beghn 06012024 HINKLE SURVEYORS Heights mayb bei increasedb byM Man-Madeo or! Natural Causes. PROPOSEDBUILDINGS SITE Showinga proposed building siteo on0.235a acres oflando outo oftheF Francis Bery Survey A-2int the Cityo ofLockhart, Caldwell County, Texas and thei improvements as found situated thereon. Idoh hereby certify thatt thef foregoing No. 20241571 drawingi isar representation ofab building site only ands should not ber relied uponf for conveyance purposes. Only thosep prints containingt the raised Surveyor's seal anda anoriginal" LIVE" signatures shouldbeo considered officialand Dute: June 2024 reliedu upont by theu user. Surveyed By: JH JDB P.O. Box1 1027 1109S. Main Street Lockhart, TX 78644 Ph: (512)3 398-2000F Fax:(512): 398-7 7683 Emait: contact@ hinklesurveyors. com FirmF Registration! No. 100886- -00 Hinkle Survayors, 2024 Appliennt's repewses to Co vacionse criteria Kevin Waller From: Sent: To: Subject: Ivan Tristan wantrisanyoyero.om, Friday, December 20, 202410:35AM Kevin Waller 204 N rio grande This email originated from an external sender. Please exercise caution before clicking on any! links or attachments. Hi there for the number #1 question Criterion 1 V On my property we have the survey showing 100ftwide for 102,221 ftdep we propose tol building duplex on this address but we need variance on the dep'partt the city requires 120ft SO we 17,78 on the sle stte 4 plan. We have the required for the city. 2questions / Crecion 2 3questions - Celeriwn3 - N/A Yes is minimum the property is planned al ready we not changing dimensions on the property Sentf from Yahoo Mailf fori iPhone Kevin Waller From: Sent: To: Subject: Ivan Tristan wantisansseyanocom, Friday, December 20, 20242:25PM Kevin Waller Re: 204 N rio grande This email originated from ane external sender. Please exercise caution before clicking on any links ora attachments. Question #4 Crileriov A Question #5 Crikcien 5 Question #6 Eriterion So No problem @ NoE Sentf from) Yahoo Mail fori Phone N/A N/AG And the property I'm gonna keepi it for my retirement On Friday, December 20, 2024, 11:56 AM, Kevin Waller walereocemar-cor wrote: Ivan, could you also please send your responses to Numbers 4, 5,ande 6 as well, in email written form? Also, will youl be selling the property, once the duplex is developed? Kevin From: Ivan Tristan vannsenes@yero.com: Sent: Friday, December 20, 2024 10:35AM To: Kevin Waller waler@ocenar-kor Subject: 204 N rio grande ZONING VARIANCE APPLICATION CITY OF 1512/398-3461 . FAX/512/3983833 PO. Box2 239 . Lockhart, Texas 78644 Lockhart TEXAS 308 WestSanAntonio. Street APPLICANT/OWNER APPLICANT NAME Jvan Tristun DAY-TIME TELEPHONE 512-227-6550 E-MAIL VANTASTAV8SE yaho.om OWNER NAMESare as spplicna ADDRESS 150 wi Her 2d Woullat, TK 78644 ADDRESS DAY-TIME TELEPHONE E-MAIL PROPERTY ADDRESS OR GENERAL LOCATION 204 N Rio Grolu Sr LEGAL DESCRIPTION (IF PLATTED) Sukvey aHaclel Tuaplatles SIZE 0.235 ACRE(S) ZONING CLASSIFICATION Rmo EXISTING USE OF LAND AND/OR BUILDING(S) Vacant Cold one removed) REQUESTED ZONING VARIANCE VARIANCE TO SECTION(S) 64- hpalet OF THE ZONING ORDINANCE CURRENT ORDINANCE REQUIREMENT/S), 12.0-fost minimup septhn dinenbion foc dupleses & 4he OF-1 arvelopmert *ype REQUESTED VARIANCE(S) Depth dimensien OF' 102.22Fret SUBMITTAL REQUIREMENTS IF THE APPLICANT IS NOT THE OWNER, A LETTER SIGNED AND DATED BY THE OWNER CERTIFYING THEIR OWNERSHIP OF THE PROPERTY AND AUTHORIZING THE APPLICANT TO REPRESENT THE PERSON, ORGANIZATION, OR BUSINESS THAT OWNS THE PROPERTY. IFNOT 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 oft 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, and is 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 $250.00 PLUS $150.00 PER ACRE, FOR A MAXIMUM OF $2,500.00, 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. occupant, or applicant; increased financial gain or reduced financial hardship; district; and, features of the site which are applicable to the requested variance. APPLICATION FEE OF$285.25 PAYABLE TOTHE CITY OF LOCKHART. SIGNATURE, DATE 12-18-94 OFFICE USE ONLY ACCEPTED BY Cbinin RECEIPT NUMBER 0134187( CASE NUMBER ZV-24 DATE SUBMITTED (218124 DATE NOTICES MAILED 12-23-24 BOARD OF ADJUSTMENT MEETING DATE 08 DATE NOTICEPUBLISHED 2-2624 (-6-2024 DECISION CONDITIONS