PUBLIC NOTICE City of Lockhart Zoning Board of Adjustment 6:30 PM, Monday, April 1, 2024 Municipal Building - Glosserman Room 308 W. San Antonio St. AGENDA 1. Call meeting to order. 2. Citizen comments not related to a public hearing item. 3. Consider the minutes oft the February! 5, 2024 meeting. 4. ZV-24-04. Hold a PUBLIC HEARING and consider a request by Hal and Hillary Purka for a Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required side-yard building setback from 5 feet to 4 feet, on 0.1976 acre in the Byrd Lockhart Survey, Abstract No. 17, zoned RMD (Residential Medium Density) and located at 5. ZV-24-05. Hold a PUBLIC HEARING and consider a request by Paul Ginsberg for a Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required side-yard building setback from 15 feet to 11 feet, on Lot 1, Block 1, Elizabeth Homestead Addition, consisting of 0.202 acre, zoned RMD and located at 1009 North Commerce 6. ZV-24-06. Hold a PUBLIC HEARING and consider a request by Monte J. Guidry for a' Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required front-yard building setback from 20 feet to 17 feet, and a reduction in the minimum required side-yard building setback from 5 feet to 1 foot, on 0.216 acre in the Byrd 705 Sycamore Street. Street. Lockhart Survey, Abstract No. 17, zoned RMD and located at 1014 Kate Street. 7. Discuss the date and agenda of the next meeting. 8. Adjournment. Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart, Texas at 10:00 a.m. on the 25th day of March, 2024. CITY OF LOCKHART ZONING BOARD OF ADJUSTMENT FEBRUARY 5, 2024 MINUTES Members Present: Wayne Reeder, Mike Annas, Lori Rangel, Shawn Martinez, Lucy Knight, Marcia Proctor Member Absent: Laura Cline Staff Present: Kevin Waller, David Fowler, Evan Olszewski, Stevel Lewis, and Sean Kelley Others Present: Khalil Coltrain (applicant, Agenda Item 5), Elizabth Pirnat (applicant, Agenda Item 6), Judge Hoppy Haden, Tom Bolen, David Marcos, Jake McCollough, Barbara Shelton, Linda Hinkle, and. Jerry' West. 1. Callmeetingtoorder. Vice-Chair Rangel called the meeting to order at 6:30 p.m. 2. Election of Officers for 2024. Member Proctor moved to table this item to the next regularly scheduledi meeting. Member Knight 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 December 4, 2023 meeting. Member Knight moved to approve the December 4, 2023 minutes. Member Annas seconded, and 5. ZV-23-06. Hold a PUBLIC HEARING and consider a request by Khalil Coltrain on behalf of Lower Colorado River Authority for a Variance to Section 64-202/1), Chapter 64 Zoning,Lockhart Code of Ordinances, to allow a freestanding communications tower encroaching upon the height limits of Lockhart Municipal Airport hazard zones as adopted December 18, 1991, on 20.2 acres in the James George League, Abstract No. 9,zoned PI/Public and Institutionalland located at 1208 Reed Planning Staff David Fowler presented the staff report, utilizing a PowerPoint presentation. The proposed Variance would allow a communications tower higher than allowed by the Zoning Ordinance. The tower is proposed to measure 190 feet tall, which is 31 feet higher than the 1591 feet allowed for this particular site. Mr. Fowler stated that Staff recommends approval, witha a conditiontoaddaf flashing beacon att thet top of the tower to minimize thel hazardtoaircraft. Fowler also stated that an alternative would be to approve with the above condition, as well as the condition that the proposal be subject to the approval of the Joint City-County Airport Zoning the motion passed by a vote of 6-0. Drive. Zoning Board of Adjustment 02-05-2024 Board. Vice-Chair Rangelo opened the public hearing fori those wantingto speak in favor oft the variance. Applicant Khalil Coltrain, 636 S. Franklin St., LaGrange, TX, of the Lower Colorado River Authority (LCRA), provided an overview of the proposal, including a handout to the Board and Staff. Mr. Coltain explained that LCRA would lose approximately 11 square milesofcoveragei if thet tower was limited to the 159-foot maximum. In addition, 1,400 residents and one school site would be adversely impacted were the tower to not exceed 159 feet. Coltrain also noted that the FAA Member Proctor asked the applicant ift the tower might be used commercially in the future. Mr. Coltrain replied that there are no future plans for the towert tol be used commercially. generally doesn'tr require a flashing beacon below a 200-foot height. Member Annas asked the applicant about the cost of ai flashingbeacon. Mr. Coltrain responded that beacons could cost around $25,000.00. Judge Hoppy Haden, 5145 Silver Mine Road, Harwood, TX, explained that the tower is important fori first responders, and is in favor oft the variance. Vice-Chair Rangel asked if there was anyone in opposition to the variance. Tom Bolen, 551 Westwood Road, Lockhart, stated that the applicant isn't doing enough research if hei is asking fora avariance. Mr. Bolen believes that there will bet future commercial use ofthe tower. David Marquez, 285 Tenney Creek Rd., Dale, TX, stated that hei is indifferent to the proposal. Mr. Marquez asked if the applicant has considered moving the tower to the northwest corner of the property, which would be closer to the gravel pit and wouldn't affect anyone. The tower would be a benefit to the fire department and other first responder operations. Marquez is ok with the The tower is simply a waste of money. proposed tower height. Vice-Chair Rangel asked for Board discussion. Member Proctor asked ifthe proposal had been discussed with the. Joint ChyCountyArportZoning Public Works Director Sean Kelley replied that the tower has been discussed with the joint board. He also added that flashing beacons are helpful for aircraft and are common on many towers. Jake McCollough of the Lockhart Municipal Airport stated that a flashing beacon is necessary for Member Knight stated that the proposed tower height will be beneficial for publicsafety, and has Member Martinez stated that he supports the proposal, including the addition of a beacon. Board. public safety, especially during periods of poor/inclement weather. no problem with the tower or beacon. Zoning Board of Adjustment 02-05-2024 Member Proctor expressed that the proposal should also go before the joint City-County Airport Mr. Fowler informed the Board that thej joint airport board needs to first bei formally composed. Member Proctor asked Judge Haden if there are plans to leasei tower space to Verizon, AT&T, etc. Judge Haden replied that there are no plans to lease tower space to cellular companies. Vice-Chair Rangel asked about the current communications tower, and howi it would be affected by Judge Haden replied that the current tower is overloaded, making the new tower necessary. Zoning Board, as a condition of approval in addition to the beacon. the new tower. Member Proctor asked ifs security fencing is planned for the tower. Judge Haden responded that fencing will be added. Member Proctor asked ifthe propertysnorthwest portion was considered for tower placement. Judge Haden replied that the proposed location is the most cost-effective. Member Reeder asked if the existing tower will still support emergency operations. Judge Haden replied that thee mergencyoperations: componentofthecument tower willl be moved Vice-Chair Rangel asked if there was any further Board discussion; seeing none, she asked for a Member Knight moved to approve ZV-23-06, with. Staff's condition that aj flashing beacon be added to the tower. Member. Annas. seconded, and the motion passed by a vote of6-0. 6. ZV-24-02. Hold a PUBLIC HEARING and consider a request by Elizabeth Pirnat for a Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required side-yard building setback from 15 feet to 5.6 feet, on Lot 1, Block 2, South Heights, and the West h ofa an abandoned alley,consisting of0.181 acres, zoned RMD (Residential Planning Staff Evan Olszewski presented the staff report, utilizing a PowerPoint" presentation. An existing accessory building encroaches 9.4 feet into the required 15-foot building setback from the side property line along the White Oak Street frontage. Mr. Olszewski explained that the variance request doesnot: arise from a condition unique tot the property, andi the water drainage issuei int the rear yard of the property does not create a practical difficulty or unnecessary hardship. The proposal, therefore, does not meet at least two of the six variance review criteria. Mr. Olszewski stated that Staff recommends denial, as the structure can feasibly be moved to comply with the Vice-Chair Rangel opened the public hearing for those wanting to speak ini favor of the variance. to the new tower. motion. Medium Density), and located at 1002 South Main Street. setback requirements. Zoning Board of Adjustment 02-05-2024 Applicant Elizabeth Pirnat, 1002 S. Main St., Lockhart, explained that water pools onto the rear of Barbara Shelton, 4563 Old McMahan Rd., spoke of the importance of the applicantscosmetology classes, which are being held in the accessory building. Shelton added that the building's location Linda Hinkle, 1109S S. Main St., Lockhart, explained that the applicant wasi not aware oft the setback requirements, and should not have to spend $20,000.00 to move a $4,000.00 structure to a conforming location on the property. Mrs. Hinkle stated that she is ini favor of the variance. Jerry' West, 723 Barth Rd., Dale, TX, explained thati ift the backyard isre-graded: and elevated in order ton move the accessory building to a location conforming to the setback requirements, it could Member Reeder asked the applicant if thel building can be used when heavy rain occurs. Ms. Pirnat replied that the building could be used during rainy periods, since it isi not in the path of Member Martinez asked the applicant about the composition of the building's foundation. the property, and that she was not aware ofthe City's setback requirements. has never bothered anyone. encourage flooding onto neighboring properties. the sheet flow. Ms. Pirnat responded that the foundation consists of concrete blocks. Mrs. Hinkle explained that the church property to the east, Faith Chapel Pentacostal Church, is completely paved, which makes the applicant's backyard their' detention pond." Vice-Chair Rangel asked if there was anyone in opposition to the variance; seeing none, she asked forf further Board discussion. Seeing no further discussion, Vice-Chair Rangel asked for a motion. Member Martinez moved to approve ZV-24-02, and Member Reeder seconded. The motion and Member Knight asked ift the Board approves the variance, are they setting a precedent such that a similar variance would also need to be approved for the adjacent church property, which has also Mrs. Hinkle replied that variances are on a case-by-case basis. The church has more options than the applicant as to where they can place a shed. Hinkle continued that the applicant has a unique Mr. Olszewski reiterated that variances are considered strictly on a case-by-case basis, and that any future variance application from the church would be considered on its own merits. Vice-Chair Rangel called for a vote on the motion made by Member Martinez. second were followed. byj further Board discussion. expressed interest in placing a shed on their property. situation and very limited options as to where her building could be placed. The motion to approve ZV-24-02 failed on a 4-2 vote (members Knight and Proctor voted in opposition), denying the variance request. Zoning Board of Adjustment 02-05-2024 7. Discuss the date and agenda of the next meeting. deadline for applications is February 12, 2024. Mr. Waller stated that the next regularly scheduled meeting would be held on March 4, 2024. The 8. Adjournment. Member Reederr moved to adjourn the meeting, and Member Proctor: seconded. The motion passed unanimously (6-0), and the meeting adjourned at 8:05 p.m. Approved: (Date) Kevin Waller, Acting Recording Secretary Attest:David. Fowler, 22 Laura Cline, Chair Hau Administrator Zoning (Date) Zoning Board of Adjustment 02-05-2024 1006 RLDTsI 6 IH PI CHB 807803 AO UNION 613 PACIFIC RR EEIS 101 103 105 IL CMB 6051 607611 507509601 505 503 506 508 502 504 08 (MKBTR RR) 204 203 205 208 PI 109 Boasao 602 604 210 MH107 CMB 209 703705 0 707 711) 701 SYCAMORES ST 301 700 702 P 817 811 800802 CMB 00 ST ELIVE OAKS 401 404 403 R 406 405 408 407 410 411 504 505 506 507 508 PEARLST 514 RMD 509 513 517 5251 3304 407 00 405 404 407 406 409 408 503 0 504 505 (0 507 506 511 510 512 411 421503 403 405 407 409 50 59 403 400 402 404 608 602 408 402 E 410 415 2 1 416 419 428 CHAPARRALST 408 9 9 d0 & 00 & ZV-24-04 SUBJECT PROPERTY ZONING BOUNDARY 705 SYCAMORE ST TO REDUCE BOTH SIDE YARD BUILDING SETBACKS FROM 5 FEET TO 4 FEET scale1"=200' GABINES ST NECHESS ST ELINGERST CEDERMALESSI TRINIYST GRAIOSSI PLANNING DEPARTMENT REPORT ZONING VARIANCE CASE SUMMARY STAFF CONTACT: Kevin Waller, Senior Planner kw CASE NUMBER: ZV-24-04 REPORT DATE: March 26, 2024 PUBLIC HEARING DATE: April 1, 2024 APPLICANT'S REQUEST: Variance to Appendix I of Chapter 64 to allow a reduction in the minimum required side-yard building setback from five feet to four feet. STAFF RECOMMENDATION: Denial, due toj failure to meet all six variance criteria. BACKGROUND DATA APPLICANT: Hal Purka OWNER: Hillary Purka (wife) SITE LOCATION: 705 Sycamore St. SIZE OF PROPERTY: 0.1976 acre EXISTING USE OF PROPERTY: Vacant ANALYSIS OF ISSUES LEGAL DESCRIPTION: Parts of Lots 3 and 4, Block 1, Concord, and Byrd Lockhart Survey, Abstract No. 17 ZONING CLASSIFICATION: RMD (Residential Medium Density) REASON FOR REQUESTED VARIANCE: The applicant proposes to place a new single-family residence on the southern portion of the subject property. According to the application, the residence will either be a stick-built or manufactured home. Ifa manufactured home, a Specific Use Permit must be approved by the Planning and Zoning Commission, prior to the building permit stage. The proposed homesite is located within a narrow portion of the property that contains 25.14 feet of frontage along Sycamore Street. The northern portion of the property, in contrast, is somewhat disjointed from the southern portion (see attached site plan), and generally located in an area of steep slopes, according to mapping imagery and a site visit conducted on March 26, 2024. The applicant wishes to avoid this area by placing the residence on the level, albeit narrow, portion of the property, which would result in side-yard setbacks of four feet from both the east and west property lines. Since the minimum required side setback in the RMD zoning district is five feet, the residence will therefore encroach one foot into each side setback, necessitating this variance request. The applicant has also informed Staff that he has attempted to contact the adjacent property owner to the west (703 Sycamore Street) about purchasing her property and consolidating it with his property, which would avoid the need for av variance and allow for additional frontage along Sycamore Street. Please refer to the attached correspondence from the applicant to who he believes to be the neighbor, whom he explains has not replied to the inquiry. It should be noted that this correspondencewas: of an informal nature through AREA CHARACTERISTICS: The subject property is located within a single-family residential neighborhood zoned RMD. According to a review of aerial imagery and Staff's site visit, a single-family residence appears to be encroaching into the required front yard, rear yard, and west side yard setbacks at 711 Sycamore Street to the east of the subject property, with similar encroachments at 301 Bellinger Street to the west, 707 Sycamore Street on the adjacent property to social media. the east, and 214 Kennedy Road in the next block to the east. UNIQUE CONDITIONS OF PROPERTY: The applicant cites in the attached letter that only the front portion oft the property, being the approximately 25-foot by 100-footsouthern portion, is suitable for ah homesite. However, during Staff's site visit, it was observed that the rear, north portion of the property, while mostly encumbered with steep slopes down to a tributary of Plum Creek, has a clearly identifiable buildable area that is level and could support a single-family residence that would meet all setbacks. Although there is a unique condition associated with the steep slopes, it does not leave the front, 25-foot by 100-foot portion of property as the only buildable area. It should also be noted that Subdivision Regulations Section 52-76(d) requires that flag lots be at least 25 feet wide at the street frontage, which would essentially place the residence, as proposed, in the "flagpole". NATURE OF HARDSHIP: Approval, or denial, of the variance would not result in increased financial EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: Construction of a residence one foot closer to the side property lines on either side might result in adverse impacts to surrounding properties and public safety. Due to the property's narrow frontage, it would position the residence within close proximity to the gravel driveway of the adjacent neighbor to the east, as well as to a future driveway on the adjacent property to the west, which also has a narrow frontage on Sycamore Street. As a result, there might also be adverse impacts with driveway spacing for a new residence on the subject property in relation to the surrounding properties, however, the property does have 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 believes that the variance request warrants denial, as discussed above, due to failure to meet all ALTERNATIVE SOLUTIONS: Two alternative solutions would be to either construct a residence within the proposed location in such a way that meets all setback requirements, which would equate to a house approximately 15 feet in width, or1 to build in the north portion of the property, away from the ravine, that also meets the setbacks. Athird solution, although unlikely as noted above, would bei for the applicant to purchase the adjacent property to the west and consolidate it with his property, RESPONSE TO NOTIFICATION: A neighboring property owner approached Staff during the March 26, 2024 site visit to inquire about the location of the property corners oft the subject property in relation to the boundaries of his property. The neighbor did not indicate either support or opposition to the STAFF RECOMMENDATION: Staff recommends denial of the variance request, as noted above, as it does not meet all 6 of the variance review criteria. We believe that the applicant has two options, one being to locate the residence in the north portion of property in an area that meets all setback requirements, and the other option being to build in the southern portion of the property, also in a way that meets all setbacks. Although this would involve choosing a house layout and/or size that differs from what is planned, construction in either of these two locations in a way that meets all gain orr reduced financial hardship. physical street frontage and therefore a right of access. 6variance review criteria. which would avoid the need for a variance. variance request. setback requirements is a feasible option. March 4, 2024 City of Lockhart Planning Department and Zoning Variance Board Members POI Box 239 308 W. San Antonio St Lockhart, TX7 78644 Dear Lockhart Planning Department and Zoning Variance Board Members, We are asking for your review and assistance on 705 Sycamore St. Wei inherited this lot and realized that the City of Lockhart platted the lots on the Eastside long and narrow decades ago. This property currently has a 25 ft wide opening and goes back 100 ft deep. This lot also has additional challenges of being oddly shaped and backing up to a steep slope into the creek. Though the entire property may seem buildable from the map, only the front portion oft the propertyi is suitable for al homesite. We would like to use the front portion oft the lot as the location fora a homesite. Since the property has a 25 ft opening at the front at Point L1, we would like that to be reclassified as the front of the property. Currently Points L2 and L3 are considered the front, eventhough it doesn't have street We acknowledge the city requires a 25 ft parking pad. However, the current 5 ft site restrictions on each side of any proposed build restrict us from building past the required parking pad on the lot. We are asking for the adjustment of about 1ft on each side of the proposed homesite. Our neighbors to the right of the property (707 Sycamore St.) built their house 5 feeti from the street curb. It seems If we are granted the variances it will allow us to build al home or place a single-wide manufactured home. This request for a variance will not alter the essential charactero ofs single-family homes as there is ar manufactured home three lots over. It will enable us to use the propertyjust as the rest of our access. (Please see the attached survey for reference.) reasonable that we be allowed to have the adjustments. neighbors along Sycamore St. Sincerely, Hal and Hillary Purka PO Box 38 Lockhart, TX 78644 SURVEY OF 0.1976 ACRES 0.13 CALLED ACRES DOC NO. 2019-001942 O.P.R.C.C.T. OUT OF THE BYRD LOCKHART SURVEY, ABSTRACT NO. CITY OF LOCKHARI, CALDWELL COUNTY, TEXAS 17, LINE TABLE BEARING L1 $78'44'05'w 25.14' (L1) (S80'00w). (25.00) L2 N78'41'18'E 8.34' (.1) (N80'O0'E) L3 S78'41'18'W 28.44 BEARING BASIS: BEARINGS AND COORDINATES ARE BASED ON THE TEXAS STATE PLANE. COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83. ALL DISTANCES ARE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00013. THE TRACT WITHIN LES He TO BE OUTSIDE THE 100-YEAR FLOODPLAIN ACCORDING TO THE NATIONAL FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO. 48055C0120E, DATED JUNE 19, 2012 FOR CITY OF LOCKHART. THIS SURVEY WAS PERFORMED WTHOUT THE BENEFIT OFA TTLE COMMITMENT. RECORD INFORMATION SHOWN HEREON IS BASED ON A PUBLIC RECORDS SEARCH AND MAY NOT INCLUDE ALL SETBACKS, EASEMENTS, OR INSTRUMENTS PERTAINING TO THIS 9 : LINE DISTANCE CALLED 0.19 ACRES D0C. NO. 2021-002468 O.P.R.C.C.T. (8.33) 0.1976 ACRES PART OF LOTS 3 PARCEL VOL. 247, PG. 34 DOC. NO. O.P.R.C.C.T. 2021-008049 pshue ZONE "x". AREAS DETERMINED & DESCRIBED PARCEL OF IN LAND EXHIBIT AS. A VOL. 409, PG. 69 O.P.R.C.C.T. (1.2) L2 LOT 3 PROPERTY. ALL OF_LOTSAND EAST HALFOF_LOT VOL.207,PG.1 O.P.R.C.C.T. LEGEND 1/2" IRON ROD SET w/ CAP IRON ROD FOUND CALCULATED POINT IN CREEK RECORD INFORMATION LOT6 LOT LOT2 CONCORD ADDITION VOL. 41,PG. 403 D.R.C.C.T. SCALE: 1= 40 CITYOF LOCKHART CALDWELL COUNTY BYRD LOCKHART SURVEY ABSTRACT NO. 17 POINT OF BEGINNING GRID COORDINATES: 13871229.41 E 2391168.63 (L1) STREET SICANDN: VARIES) ADDRESS: 705 SYCAMORE STREET, LOCKHART TX 78644 1 GINA LOFTIS-FRANKLN, DO HEREBY CERTIFY THAT THE PROPERTY SHOWN HEREON, WAS PREPARED FROM AN ON-THE-GROUND SURVEY PERFORMED SEPTEMBER-NOVMBER 2023 YNDER MY DIRECTON AND SUPERVISION: IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF: AND HASAIDF PROPERTY HAR ACCESS TO A DEDICATED ROADWAY. ÉGISTERED NO. 6087 STATE OF TEXAS 5 OF GINA LOFTIS- 6087 G& MS Surveying LLC 489 Agnes SL, Suite 211-581 (512)5 581-1973 TXFimm Registration) No. 10194682 GM Bastrop, Texas 78602 SURVEYING gmaunsyimgsmdgmailcom 1-19-2023 SURVEYOR DATE Kevin Waller From: Sent: To: Cc: Subject: Hil Kevin, HP hapurka@gmail.com> Wednesday, March 13, 2024 11:05AM Kevin Waller Hillary Sycamore st property Thanky you fory your assistance on the lot at Sycamore Street. I'm attaching two messagesisent on Facebook messenger tryingt to1 toreachoutt tot ther recorded property owner of neighboring! lot. Ichecked Caldwell County CAD, andi its shows Nicolette Haywood Moore. 1 As you can seei int the attached messages from 1/12/2022, Itried to reach outto her usingt the most common, and popular messaging: service, and received noi response. at all. it's been two years, and1 that's why I'mmoving forward with what wel have. Hal Purka 5 703 sycamore QSearch Cart Email Page 1of 1 - Total: 1 (0.005 seconds) - Show View Options K 1 PI 1-10 of 1 item 19124 $Pay Taxes Owner Name:MOORE NICOLETTE HAYWOOD Legal Descrpton.ONCORP, BLOCK 1, LOT PT 3, AND 0.25 ACRE B.LOCKHART A-017 Geographic D:0300523-001-003-30 Property ID:19124 Year:2024 Appraised Value:N/A 2 Nicolette Moore Facebook You're not friends on Facebook Lives in East Side @ Add friend Profile JAN 12,2022AT 2:13PM Hi, can I talk to you about a lot on Sycamore Street in Lockhart, TX? We have the little lot next to you on Sycamore Street. wanted to know if you would be interested in selling it? Thank you. Sent Nicolette Moore Facebook You're not friends on Facebook Lives in Houston, Texas View profile JAN 12, 2022AT 2:13PM Hi, can Italk to you about a lot on Sycamore Street in Lockhart, TX? We have the little lot next to you on Sycamore Street. wanted to know if you would be interested in selling it? Thank you. Sent CITYOF ZONING VARIANCE APPLICATION lockhare /512/398-3461 . FAX/512/396-3855 PO. Box239 . Lockhart, Texas 78644 308 WestsanAntonio Street APPLICANTIOWNER APPLICANT NAME DAY-TIME TELEPHONE E-MAIL OWNER NAME DAY-TIME TELEPHONE E-MAIL Hal Purka P.O. Box: 38 Lockhart, TX 78644 ADDRESS (914)962-9101 hapurkat@gmai.com Hillary Purka P.O. Box 38 Lockhart, TX 78644 ADDRESS (941)962-9102 ilarypurka@gmai.com PROPERTY 705 Sycamore St, Lockhart, TX78644 ADDRESS OR GENERAL LOCATION LEGAL DESCRIPTION (IF PLATTED) SIZE9.19GACRES) CONCORD, BLOCK1, LOT PT 3,4, AND0.14A ACRE B.Lockhart. A-017 RA/riome ZONING CLASSIFICATION Empty Lot EXISTING USE OF LAND AND/OR BUILDING(S) REQUESTED ZONING VARIANCE VARIANCE TO SECTION(S) AyynT OF THE ZONING ORDINANCE CURRENT ORDINANCE REQUIREMENT/S) 5-Rock sihe Setosek REQUESTED VARIANCE(S) ArRoch Side Setbacks for boh the wRS and eas sie Jarks.. We would like a variance request to side setbacks on the West and East sides of the property to fit a 16-foot-wide manufactured home or a site-built home. SUBMITTAL REQUIREMENTS IFI 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. AI 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, and is in harmony with the intent and purposes oft 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 SHOULDBE PRESENT AT ALL PUBLIC MEETINGS CONCERNING THIS 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 A19-GPAYABLETOTHE CITY OF LOCKHART. SIGNATURE DATE 32L rpa OFFICE USE ONLY ACCEPTED BY KRvin WAler DATE SUBMITTED 3/5/7X DATE NOTICES MAILED 3/15/24 RECEIPT NUMBER Ro1282027 CASE NUMBER zV-24 GA DATE NOTICE PUBLISHED 3/71/79 BOARD OF ADJUSTMENT MEETING DATE A/N/7 DECISION CONDITIONS 1204 1308 billboard RHD LOCKHART ETJ 202 102 CHB CHINASE 1104 115 202 1774 RMD1109 770/108 LRMD 105 APPLEST: 1104 1101 CMB 1019 7018 1017 RMD 1016B 1016A 1013 1008 1010 1006 1004 1000 920 916 RLD 1019 104 1019 1017 2 204 108 0 IL 1017 1014 1013 08 IL 006 T004 -RMD 918 916 906 ZV-24-05 1012 1001 3 101 105 CEDARST 108 102 106 104 915 916 1014 CLB 209 201 109 202 110 110 CHB 900 RMD 8 2 LAREDOST IRTB 906 105 113 EOUVEST 825 105 111 SUBJECT PROPERTY ZONING BOUNDARY CITY LIMITS 1109 N COMMERCE ST TO REDUCE THE SIDE YARD BUILDING SETBACK FROM 15 FEETTO 11 FEET scale 1"=2 200' CCOMNICGI CCOMMECIS KATEST (IELANCOS PLANNING DEPARTMENT REPORT ZONING VARIANCE CASE SUMMARY STAFF CONTACT: Evan Olszewski, Planner REPORT DATE: March 22, 2024 PUBLIC HEARING DATE: April 11, 2024 STAFF RECOMMENDATION: Approval CONDITIONS: BACKGROUND DATA CASE NUMBER: ZV-24-04 APPLICANT'S REQUEST: Variance to Appendix I of Chapter 64 to allow a reduction in the minimum required side yard building setback from 15 feet to 11 feet. None APPLICANT AND OWNER: Paul Ginsberg SITE LOCATION: 1109 North Commerce Street LEGAL DESCRIPTION: Part of the Byrd Lockhart Survey A-17 SIZE OF PROPERTY: 0.371 acres EXISTING USE OF PROPERTY: Single-Family Residence ZONING CLASSIFICATION: RMD Residential Medium Density District ANALYSIS OF ISSUES REASON FOR REQUESTED VARIANCE: The Applicant requests a variance to the side building setback on the north side of a legally non-conforming property at the intersection of North Commerce Street and China Street. Variances are not normally requested for legalynon-conforming lots, however, the Applicant is preparing to subdivide the property. Since subdivisions cannot create non-conforming lots and the proposed subdivision does not relocate the property line, a variance is required to allow the existing structure to remain. The structure is an approximately 1,100 square-foot single family home fronting North Commerce Street. Because the subject propertyis a corner lot, the setbacks are twenty-five feet from one street and fifteen feet from the other in the RMD Zoning District as set forth in Appendix I of the Zoning Ordinance. Accordingly, the Applicant seeks a variance of four feet to the fifteen-foot side setback on China Street. AREA CHARACTERISTICS: Existing Use Zoning Future Land Use Plan Mixed Retail, Office, Residential; Public-Institutiona Residentidl, Medium Density Residential, Medium Density North Vacant land/Large lot single-family East Cemetery South Single-family residential West Commercial RHD/RLD Residential, Medium Density PI CMB CMB UNIQUE CONDITIONS OF PROPERTY: The location of the structurewithin the current building setback for the RMD Residential Medium Density district was not created by the property owner and is unique ini that changes to the city code over time created the needi fora a variance. NATURE OF HARDSHIP: The Applicant proposes to subdivide the subject property and build a second house. Without receiving a variance, the Applicant would have to demolish the existing house to EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: The unpaved right-of-way along China Street is very wide. Granting a variance of four feet into the building setback would not encroach upon traffic or obstruct visibility. Further, the structure is set back approximately five additional feet 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 finds that the essential character of the zoning district wouid not be harmed by the proposed variance since the structure is already in-place and legally non-conforming. The request for variance is not solely based upon the desire for financial benefit because an identical variance could be subdivide the property. from the setback line along the property's North Commerce Street frontage. required later on for major additions to the existing house. ALTERNATIVE SOLUTIONS: None recommended. PRECEDENT: The Board'sJuly 2021 and December 2023 approvals of variances on other properties to allow the reduction in required building setbacks may have set a precedent for similar requests with unavoidable site conditions preventing construction in permitted areas. The current request results from a condition unique to the property, in that the structure was in compliance with the setbacks at the time of construction and the road right-of-way is very wide. InFebruary 2024, the Board denied a variance to the side setbacks on a property where unpermitted new construction had occurred in violation of the current setbacks. The legaly-nonconforming nature of this structure makes this case similar to the earlier examples and different from the recent case. RESPONSE TONOTIFICATION: None, as of the date of this report. Minor Plat Elizabeth Homestead Addition A subdivision of 0.371 acres out of the Byrd Lockhart Survey A-17 In the City of Lockhart, Caldwell County, Texas LEGAL DESCRIPTION 508Page* 4630the0 omdsP Pube Recorsso ofC Cakdwell County, tractof calad3 3/8a aces anda conveyedten PautG Gnsbergbya deedn volume 482Page9 the said Ofidaip PubCE Records andh futhe descibed Volume 144Pages S60oftheo Deed Recordso ofCaldwe Coursy, DATE PAUL GINSBER HORPE SSE Aot theByrd Lockhart Survey deed Tecasa oreparscarty desoeda BEGINNING. Caldwel County, Texasa andbeinga caled0185 soes ande commyadlop odhe aboves menbio Reca Emvcces TEXAS ,Teresa lodr Tera 0A AILASA Viclnity Map Scale stret china EFaT Edatin Ldt 0.202 ao. Lot 0.169 DENSITY INESS HEAWY NESS HINKLE SURVEYORE HINKLE SURVEYORS PO Box 1027 Lockhart TX 78644 Ph: 512-398-2000 Fax: 512-398-7683 Registration Firm #10086600 March 11, 2024d To whom it may concern: No: 1) Special Circumstances: I currently have a house located at 11109 N commerce street. Iwould like to split the lot to sell one and keep the other No:2) This would me to get the best use of my property at far as value for No: 3) This will not be determental to the public health, saftey or welfare, No: 4) This variance will not have any adverse effect on the neighborhood No: 5) As the home currently exist and on the corner lot and no building set back requiremets were in force at the time this house was built. No:6) My lots are Zoned RMDI would like a variance to the side set back line along China street for what is going to be called Lot 1 of the Eliabeth Homestead Addition when the plat is approved and recorded. lot. future income. and would nto be indjurious to other property in the area. in accordance with provisions of the code. Thanks for your consideration, Paul Ginsberg OClaude Hinkle, Surveyors 2022 P.0. Box 1027 - Lockhart, Texas 78644 = Phone (512)398-2000 - Fax (512)398-7683 ZONING VARIANCE APPLICATION CITY OF 512/398-3461 . FAX/512/398-3833 P.O. Box2 239 . Lockhart, Texas 78644 Lockhart TEXAS 308 WestsanAntonio Street APPLICANTIOWNER APPLICANT NAME Paul Ginsberg DAY-TIME TELEPHONE 512-376-8085 E-MAIL gmed340@gmal.com OWNER NAME same as above ADDRESS 1101 Thorpe Lane San Marcos TX 78666 ADDRESS DAY-TIME TELEPHONE E-MAIL PROPERTY N Commerce Street ADDRESS OR GENERAL LOCATION 1109 Lockhart LEGAL DESCRIPTION SIZE 0.371 ACRE(S) (IF PLATTED) Byrd Survey A-17 ZONING CLASSIFICATION RMD Residential EXISTING USE OF LAND AND/OR BUILDING(S) REQUESTED ZONING VARIANCE VARIANCE TO SECTION(S) nla OF THE ZONING ORDINANCE CURRENT ORDINANCE REQUIREMENT/S) current residence is was rezoned to RMD the home was built there were no building set back requirements. side street set back line requirement is 15' at the time this time this Iwould like to ask that the home on Lot 1 of of the REQUESTED VARIANCE(S) futurey Elizabeth Homestead Addition, get a variance to the Building Set back line for Lot 1 along China Street. 44. Vencna e 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 isi in harmony with the intent and purposes oft the: zoning ordinance. SITE PLAN, SUBMITTED ON PAPER NO LARGER THAN 11X17,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 IOR ANOTHER REPRESENTATIVE SHOULD BE PRESENT AT ALLI PUB4C.MEETINGS CONCERNINGTHS 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 3D5PAYABLETOTHE CITY OF LOCKHART. SIGNATURE 7A4 DATE. 3kery OFFICE USE ONLY ACCEPTED BY. Suanosbs DATE SUBMITTED 3/11/2024 DATE NOTICES MAILED 3-18-2014 RECEIPT NUMBER P01284006 CASE NUMBER. ZV-24_-0S DATE NOTICER PUBLISHED 3-21-2024 BOARD OF ADJUSTMENT MEETING DATE Aprl 1s 2024 DECISION CONDITIONS billboard RHD 202 CHB 205 102 7709 RMD 1107 115 CHINAST OIDB 1104 1104 RHD 202 174 1101 CMB. 1019 7018 017 1013 1010 RLD RMD 05 APPLEST 108 204 24 RMDV 1016B 1016A 1008 1006 1004 1000 920 916 CLB 1019 1073 1014 1012 1001 101 105 108 102) 106 104 915 916 906 111 113 825 105 105 EOUVEST 825 106 100 104 102 104 1019 1017) 0 'L 1017 1012 1008 IL 1006 7004 D 1014 209 201 CEDARST 202 110 110 CHB 900 918 916 911 906 905 901 RMD N 8 LAREDOST 312 8 1131 109 823 821 819 207 203 w OUVEST 200 112 108 202 RMDI 900 209 821 ZV-24-06 1014 KATE ST SUBJECT PROPERTY ZONING BOUNDARY CITY LIMITS TO REDUCE THE FRONT YARD BUILDING SETBACK FROM 20 FEET TO 17 FEET AND THE SIDE YARD BUILDING SETBACK FROM 5 FEETTO1 1FOOT scale 1"=2 200' JUANST COMTEIRT CECOMICI KATESI BELICOS PLANNING DEPARTMENT REPORT ZONING VARIANCE CASE SUMMARY STAFF CONTACT: Kevin Waller, Senior Planner Kw CASE NUMBER: ZV-24-06 REPORTDATE: March 27, 2024 PUBLICHEARING DATE: April 1, 2024 APPLICANT'S REQUEST: Variance to Appendix I of Chapter 64 to allow a reduction in the minimum required front-yard building setback from 201 feet to 17 feet, and a reduction in the minimum required side-yard building setback from five feet to one foot. STAFF RECOMMENDATION: Approval CONDITIONS: None BACKGROUNDDATA APPLICANT: Nathan Zapien OWNER: Monte Guidry SITE LOCATION: 1014 Kate St. SIZE OF PROPERTY: 0.216 acre EXISTING USE OF PROPERTY: Residential ANALYSIS OF ISSUES LEGAL DESCRIPTION: Byrd Lockhart Survey, Abstract No. 17 (metes and bounds) ZONING CLASSIFICATION: RMD (Residential Medium Density) REASON FOR REQUESTED VARIANCE: An approximately 36-foot-wide by 24-foot-deep accessory building is located within the west portion of the subject property along the Kate Street frontage. This building is located 17 feet from the property line abutting Kate Street, which would be considered a front property line in addition to the property's North Colorado Street frontage, and one foot from the property's north side property line. As a result, the building encroaches three feet into the required 20-foot front-yard building setback for the RMD Zoning District set forth in Appendix I of the Zoning Ordinance, and encroaches four feet into the required five-foot side setback. A survey in November 2023 adjusted the property's north side boundary line, which slightly overlapped the building, to a line jog that resulted in the one-foot setback, which could not be adjusted to a greater setback due to the location of a carport on the adjacent property to the north. The boundary line relocation was exempt from the subdivision platting requirement, due in part to the building's encroachment across the property line (Subdivision Regulations Section 52-2). The property recently received approval of a zoning change in November 2023 from Commercial Heavy Business (CHB) to RMD in order to permit this building as an Accessory Dwelling Unit-General (ADU). The primary residence is located on the east portion of property along the North Colorado Street frontage. According to the applicant and current owner of the property, the accessory building was converted from a commercial garage to living quarters by the previous owner at an unknown time during the ownership of the previous owner between 2020 and 2022. A copy of the site plan showing the location of the accessory building is included with your agenda packet materials. Note that a Specific Use Permit must be approved by the Planning and Zoning Commission, in order for the structure to be lawfully utilized as an ADU-General in the RMD zone, which isa less restrictive ADU use type than AREA CHARACTERISTICS: The subject property is located within an area transitioning from single-famlyresidential development to the west to the Colorado Street commercial corridor to the east. The adjacent property to the north is zoned RMD and in single-family residential use. The properties to the east, located across North Colorado Street, are zoned Commercial Medium Business (CMB) and in the ADU-Limited type. commercial use. The adjacent properties to the south are zoned CHB and RMD, with the CHB property being vacant. The properties to the west, across Kate! Street, are zoned RMD and Industrial-Light (IL), with both properties in residential use. According to a review of aerial imagery and Staff's March 26, 2024: site visit, the carport on the adjacent property to the north encroaches into the front-yard setback, the commercial building on the next property to the north encroaches into the front and side setbacks, and the single-family residence on the subject property encroaches into the front and side setbacks. UNIQUE CONDITIONS OF PROPERTY: The applicant cites in the attached letter that the accessory building's encroachment into the front and side setbacks predates his purchase of the property in 2022. Staff believes that the longstanding location of the structure within these setbacks is a unique condition associated with the property. Further steps have been taken by the applicant to minimize this condition NATURE OF HARDSHIP: Neither increased financial gain nor reduced financial hardship has occurred as a result of the building's location within the required front-yard and side-yard: setbacks. However, failure to approve the variance would cause a financial hardship, requiring either physical relocation or partial EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: The building's location three feet into the front-yard building setback and four feet into the side setback does not appear to have resulted in adverse impacts to surrounding properties and public safety. In phone correspondence received from the adjacent property owner who shares the applicant's north side boundary, further discussed below, she is 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 ofthe variance. Staff believes that the variance request warrants approval, if the Board determines that all 6variance criteria are met. ALTERNATIVE SOLUTIONS: Two alternative solutions, which are not practical as mentioned above, are to require either that the building be moved to comply with the 20-foot front-yard and five-foot side-yard setback requirements, or that the encroaching portions of the building be demolished to eliminate the encroachments. A third alternative solution, also impractical, would simply be to remove the building PRECEDENT: The Board's July 2021 approval of a variance to allow a reduction in the required front-yard building setback for a single-family residence that was inadvertently constructed within that setback may have set a precedent for similar requests, including that oft the subject property. Variances, however, are considered strictly on a case-by-case basis, and the current request does result from a RESPONSES TO NOTIFICATION: Staff received an email from a neighboring property owner on March 20, 2024 (enclosed), who expressed concerns primarily related to fire hazard and parking. Uponreview of the letter, it appears that the neighbor might be confused and believe that the building is proposed, as the letter also states: "The builder should adjust the house plans.." Inaddition, a phone call was received from the owner of the adjacent property to the north on March 21, 2024, who stated that she is in favor of the variance request, and had agreed to the boundary line relocation completed by survey, discussed with the boundary line relocation, as discussed above. demolition oft the building. int favor of the variance request. from the property. condition unique to the property, as previously discussed. above. Pach ab bnds hyt dainfsy City of Lockhart Caldwell County, Texas Byrd Lockhart Survey A-17 PINFOUND STAMPED" HINKLES SURVEYORS" USEDFORE BASISOFE BEARING FXSCZ ZONE 4204 E:2388493.88 LAT29-5340.310 LON:97+4028.1 164" 911 1013 N. Colorudo Street Lockhort, Texos 78844 Soale "-20' 34 34 1-Stor Wood Frame Res. 205 s/M & Wood Frame Res. 0.216 ac. B 0 12"1 IRONP PINFOUNDUSED FORE BASIS OF BEARING NAD83S TXSC: ZONE 4204 N: 13875058.21 E:2388606.4 LAT:29'5339.074" LON:974026.901 LINE TABLE DISTANCE GeneralNotes publicr roadway. dieging cal! 8111 tov verify locationsa ofany utilities. pipelines. orpther essementso ofrecards since thes surveyor cannocg the SFLOODZ BASED ONE ZONESS FROM SHOWNA AF FLOOD AREA ENSURANCE RATE ANDCREATEN MAP. The NOL LIABLITY ON TKE PART OF THES SURVEYOR ANDA ARE audFicodHeighisr improvementsth may bei incrensedby Madw.mmOMuas Floodingor Flood! Damuag:. Onmreo occasions. Greater Floods Canar andV WuOccur. Showing two tracts of1 land out of thes Byrd Lockhart Survey A-17 in the Gity of Lockhart, Caldwell County, Texas and thei improvements as found situated thereon. Idor hereby certify that( (1)t thef foregoing platisa true and correct representation ofas survey made ont the ground under mys direct supervision. July 27,2 2023 and revised on November 9, 2023, (2) No Abstract of Title, title commitment, nor research or record easements were supplied to the Surveyor. There may existe easements of record which could effect this parcel. THIS SURVEYIS CERTIFIED ANDI ITS CONTENTS GUARANTEED FORU USEL WITH THIS Fled_Bock: d.c. ONE TRANSACTION ONLY DATED THIS DATE. THE SURVEYOR SHALL INCUR NO oN. 20232571 LABILIYFORANYUSE OF THIS SURVEY BEYONDI THIS ONE TRANSACTION ORF FORANY Date: November 2023 PERSON(S) NOT ASSOCIATED WITH THIS RANSACTION. Only those prints containing the Surveywd By JH JDB exactp positionofi these 2)Thep propertys shown hasa THE EAST 1o" OF KATE STREETV WAS VACATEDBYT THEC CITYOFL LOCKHARTS BYC 350PG. THEC OFFICIAL EASEMENT. 4THIS ISFOR USE WITHT THISONET TRANSACTIONONLY. #48055C0120E eflective daie June 19, 2012. Flood WARNING: floods Siatement,a MPRECORDEDINYOL OF CALDWELLO COUNTY. TEXASBLT DOESR RETAINSAID10"A ASALTILITY areas property tobe lies in ouiside Flood Zoae(s) the 0.296 according 5o FEMA feodplain. Panel FLOODE HAZARDB BOUNDARYN MAP, DOES NOTI IMPLY thatthe LZGEND CAPPED 1/2" IRON PNSET STAMPED "HNKLE SURVEYORS" 12 IROH FOUND CAPPED RON FOUND STAMPED MANE SURVEYORS" OHAN UAK FENCE POST WAIER METER SCHLE DREAK ORGINAL DEEDED CALIS FENCES MEANDER UHLESS OTHERMSE NOTED Dro H Druing: 20232571.dg Word Diek: Begin 11012023 Autocod Dlek Begin 11012023 HINKLE SURVEYORS SURVEY DRAWING raised Surveyor'ss seal anda anoriginal "LIVE" considered official andr reliedu upont byt the user. P.O. Box 1027 11095. Main Street Lockhart, TX 78644 Ph: (512): 398-2000Fax:(512): 398-7683 Email: contact@ minklesurveyors.com FimRegistration' No. 100886-00 Hinkle Surveyors, 2023 1013 N. Colorado 57. Vavlance Deguest We ask for a Laranee oy 1013 N. lobrado St, to allow exishing dwelling, ho encrouch sefnck linés. uk uidersld Hhak Hhe encrach aunershp sud sefhack lines, buk duellings 2 pre of prperly. The laldari! has he deelings wibsik alo I 1950. 35 beng Kevin Waller From: Sent: To: Subject: Mr. Waller, Frank Recio dfankas6ieyahoo.om: Wednesday, March 20, 20248:55PM ZV-24-06 Variance Request by Monte. J. Guidry Kevin Waller Inr response to your letter concerning a request by Monte J. Guidry for a Variance to Appendixlof Chapter 64 "Zoning", Lockhart Code of Ordinances, we strongly objectto the requested variances. A one foot side yard setback is ridiculous. Ift there were to be a fire, it would pose a fire hazard to the neighboring property and there would also be very little room to fight a fire. This poses a great risk to property and human lives in the area. Lockhart cannot and should not risk such ai threat. Lockhart As for the building setback of 17 feet, we strongly oppose that too. This would more than likely add With all the new codes that Lockhart has recently added, such as required flower bed, would be risking a lawsuit from those affected if this were to occur. more street parking to an already narrow street. carports/garages, why would Lockhart even consider such a variance as above? We believe Lockhart The builder should adjust the house plans to accommodate the variances that are in place now. would be negligent if it were to approve the requested variance. Please confirm receipt of this letter by acknowledging our email. Sincerely, Francisco and Juanita V. Recio Property Owners of 1017 Kate St, Lockhart TX 1 ZONING VARIANCE APPLICATION CITY OF Lockhart 512/398-3461 . FAX/512/398.3833 PO.Box2 239 . Lockhart Texas 78644 TEXAS 308 West. SanAntonio Street APPLICANTIOWNER APPLICANT NAME NATHAN ZBPIEN DAY-TIME TELEPHONE 1512)468.8770 E-MAIL. ni.Zapien@ qmail. .Con OWNER NAME. Morke J Gudy DAY-TIME TELEPHONE, 73-252-9250 E-MAIL. Jm@guyash Com ADDRESS 1420 Rdergracsst lockhaik.7y 78644 ADDRESS 4835 SawillowRd. Lochart,7 78644 PROPERTY ADDRESS OR GENERAL LOCATION 10/4 KAKE St 5A LEGAL DESCRIPTION (IF PLATTED) SIZE 0.216 ACRE(S) Mkes s Bownks ZONING CLASSIFICATION AMD EXISTING USE OF LAND. AND/OR BUILDING(S) Pesidonhal dwellings REQUESTED ZONING VARIANCE VARIANCE TO SECTION(S). * 5R, 5R 1 pc. 5 P pary APlendex /. OF THE ZONING ORDINANCE CURRENT ORDINANCE REQUIREMENT/S), Sfont Soask 2aR, and' Rei / MV * pevr REQUESTEDVARLANCEIS) 7 allow eushng aEsS 5.598 dwelis do encroach Selbacks 1 / 31 EmegoncAeAy iundo frn Sehoaeks at Rape Shrs A encvacnedo lwdo stle SRAoads Gnert sile) 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. IF NOT PLATTED, A METES AND BOUNDS LEGAL DESCRIPTIONOF 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 oft the zoning ordinance. SITE PLAN, SUBMITTED ON PAPER NO LARGER THAN 11"X1 17,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 Al MAXIMUM OF $2,500.00, PAYABLE TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS ARE COMPLETE AND CORRECT, AND IT IS UNDERSTOOD THAT IOR 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. TOTHE CITY OF LOCKHART. #2.73.40 SIGNATURE mfddy DATE seaty OFFICE USE ONLY ACCEPTED BY. KavnlAllr DATE SUBMITTED 3/1174 DATE NOTICES MALED3AL/A RECEIPT NUMBER CASE NUMBER: ZV- 2*-06 DATE NOTICEPUBLISHED 3/71/2A BOARD OF ADJUSTMENT MEETING DATE A/1/2,4 DECISION CONDITIONS