PUBLIC NOTICE City of Lockhart Planning and Zoning Commission 7:00 PM, Wednesday, March 26, 2025 Municipal Building = Glosserman Room 308 W. San Antonio St. AGENDA 1. Call meeting to order. 2. Citizen comments not related to an agenda item. 3. Consider the Minutes of the March 12, 2025 meeting. 4. FP-25-01. Consider a request by Cindy Whitley for approval ofa Final Plat for Trammell Addition Revised Unit No. 1, Block 4, Lot 1 and the East % of Lot 2, consisting of 0.585 acre, zoned RLD (Residential Low Density), and located at 1100 Maple Street, including a Variance to Chapter 52, Subdivision Regulations", Section 52-72(e), to allow for no right-of-way dediçation along the property's Maple Street and Navidad Street frontages where 5 feet would normally be required for each street. 5. Discuss the date and agenda of the next meeting, including Commission requests for agenda items. 6. Adjournment. Posted on the bulletin board in the Municipal Building, 308 West San Antonio Street, Lockhart, Texas, at 9:30 a.m. on the 19th day of March, 2025. City of Lockhart Planning and Zoning Commission March 12, 2025 MINUTES Members Present: Philip Ruiz, Phil McBride, Ron Peterson, Julia Haug Members Absent: Manuel Oliva, Bradley Lingvai, Rick Arnic Staff Present: David Fowler, Andrew Devaney, Doug Patrick, Joseph Resendez, Christine Banda, Romy Brossman Visitors/Citizens Addressing the Commission: 1. Call meeting to order. Chair Ruiz called the meeting to order at 7:00 p.m. 2. Citizen comments not related to an agenda item. None 3. Consider the Minutes of the February 26, 2025 meeting. Commissioner Haug moved to approve the February 26, 2025, minutes. Commissioner McBride seconded, and the motion passed by a vote of 4 - 0. 4. Hold a PUBLIC HEARING and consider text amendments to Chapter 64, "Zoning" Article VII, Section 64-205, "Portable Food Establishments" of the Lockhart Code of Ordinances. Building Official Andrew Devany came to the podium to make the presentation. He explained that Lockhart Staff seeks to update the definition of a portablefood establishment. This includes removing verbiage regarding the location and duration to be considered a portable food establishment. This would ensure that all portable food truck establishments who wish to conduct business are properly permitted and inspected prior to serving consumers. He stated he also recommended amending Subsection (b)(1) to update the requirement for a mobile food unit permit. This would make it a requirement for portable food establishments to be inspected by the City health inspector and have a current mobile food unit permit issued by the Texas Department of State Health Services, Retail Foods Division. This update would ensure compliance with City inspections as well as meet the minimum requirements of the State Health Code. Lastly, he also recommended deleting Subsection (e)i in its entirety. This section is not applicable for portable food establishments. Portable food establishments used in conjunction with outdoor events within the City of Lockhart shall meet the requirements set forth in Chapter 26- Health and Sanitation and/or Chapter 42-Transient Retail Businesses. Building staff also plans to revise the sections of Chapter 26 relevant to portable food establishments at the same City Council meeting at which the proposed amendments to Chapter 64 will be heard. 1 Planning and Zoning Commission Regular Meeting 03-12-2025 The Commission asked questions regarding the proposed changes including any versus sanctioned events, weekend enforcement, the original reasoning for Subsection (e) and fees. Douglas Patrick, Health and Code Enforcement Officer, came forward to discuss the purpose of the proposed updates and to address a specific question regarding the regulation of mobile ice cream trucks. He also discussed "cottage food"( (small home-based food production) permits and the sale of fundraiser plates by non-profit organizations. Staff members Devaney, Patrick and Fowler recommended approval. Commissioner McBride moved to approve the text amendments to Chapter 64, "Zoning" Article VII Section 64-205, "Portable Food Establishments." 1 Commissioner Haug seconded, and the motion passed with a vote of4 4 - 0. 5. Discuss the date and agenda of the next meeting, including Commission requests for agenda items. Mr. Fowler confirmed there may be one or two plats presented at the next meeting which is scheduled for March 26, 2025. 6. Adjournment. Commissioner Peterson moved to adjourn, and Commissioner Haug seconded. The motion passed by a unanimous vote, and the meeting adjourned at 7:26 p.m. Approved: (date) Romy Brossman, Recording Secretary Philip Ruiz, Chair - 2- Planning and Zoning Commission Regular Meeting 03-12-2025 6 - - SMZONNS TAVIDADET - S LEONAST PLANNING DEPARTMENT REPORT FINAL PLAT CASE SUMMARY STAFF CONTACT: Kevin Waller, Senior Planner / CASE NUMBER: FP-25-01 REPORT DATE: March 18, 2025 PLANNING & ZONING COMMISSION DATE: March 26, 2025 STAFF RECOMMENDATION: Approval of both the Plat and the Subdivision Variance request SUGGESTED CONDITIONS: None BACKGROUND DATA APPLICANT: Cindy Whitley OWNER: Whitley Family Properties, LLC SURVEYOR: Jerry Hinkle, P.L.S., Hinkle Surveyors SITE LOCATION: 1100 Maple St. PROPOSED SUBDIVISION NAME: Trammell Addition Revised Unit No. 1, Block 4, Lot 1 and the East % of Lot 2 SIZE OF PROPERTY: 0.585 ac. NUMBER OF LOTS: Three single-family residential lots EXISTING USE OF PROPERTY: Residential ZONING CLASSIFICATION: RLD (Residential Low Density) ANALYSIS OF ISSUES PROPOSED DEVELOPMENT: The Trammell Addition Revised Unit No. 1, Block 4, Lot 1 and the East % of Lot 2 Final Plat includes three proposed single-family residential lots on property located at the southwest corner of the intersection of Maple Street and Navidad Street. The appliçant is required to remove the existing single-family residence and accessory structures from the subject property, prior to the recording of the plat, as addressed in Plat Note 5. Sidewalks are not required for this subdivision according to Subdivision Regulations Section 52-77(d)(3), since sidewalks were not required when the original subdivision was platted in 1939 and the proposal involves just one and a half lots from the original plat (Lot 1 and the east % of Lot 2, Block 4). It should also be noted that no sidewalks currently exist along the street frontages for any of the 8 lots within Block 4 of the original plat. Restrictive covenants apply to the subject property, as recorded in Volume 223, Page 498 of the Deed Records of Caldwell County (Plat Note 3), which establish such restrictions as residential use only, setbacks, and that noxious and offensive trades and activities are prohibited. A Subdivision Variance to the right-of-way dedication requirement for both Maple and Navidad Streets has been requested with the application, as discussed below. The plat is considered a Final Plat due to the variance request, and would have otherwise been classified as an adminstratively-revewed minor replat. The proposed subdivision has been reviewed and deemed acceptable by the Caldwell County Appraisal District's GIS Division. NEIGHBORHOOD COMPATIBILITY: The subject property is entirely surrounded by properties zoned RLD, primarily on large lots in an established single-family residential neighborhood. FORM AND CONTENT: The plat conforms to all minimum requirements for form and content. COMPLIANCE WITH STANDARDS: Existing 6-inch water mains are located both along Maple and Navidad Streets, according to a March 19, 2025 email correspondence with the Water and Wastewater Supervisor. A 6-inch sewer main is located within the alley abutting the subject property's south boundary. With water and sewer available to serve the proposed lots, the plat will meet all applicable subdivision standards. CONCURRENT VARIANCES REQUESTED: A Subdivision Variance is requested with this application to the right-of-way dedication requirement specified in Section 52-72(e) of the Subdivision Regulations to: (1) allow for no dedication along the property's Maple Street frontage where 5 feet would normally be required; and (2) allow for no dedication along the Navidad Street frontage where 5 feet would also normally be required. The 5-foot dedication requirement for each of the two streets is half of the 10-foot deficiency for the 60-foot Collector Street right-of-way requirement identified in the City's 2045 Thoroughfare Plan. In the applicant's attached written statement addressing the variance criteria, it is explained that the variance is being requested in order to allow the proposed lots to have conforming depths and areas, which without the variance would result in substandard lots. The applicant also notes that when she purchased the property and initiated the platting work with Hinkle Surveyors, both streets were confirmed by Planning Staff in October 2024 as local streets, with a 50-foot-wide right-of-way requirement. However, when the subdivision plat application was submitted in February 2025, Staff informed the applicant that the new Comprehensive Plan adopted in November 2024 changed the functional classification of both streets to Collector Streets, thereby now requiring a 60-foot-wide right-of-way for each street. Were the applicant to dedicate half of the 10-foot right-of-way deficiency (5 feet) for each street as required, the proposed lots would become substandard with respect to the depth and area requirements of the RLD zoning district. In a February 26, 2025 email discussion with Public Works Director Sean Kelley, Mr. Kelley informed Staff that he is in favor of the variance request. A similar Subdivision Variance was approved by the Commission in August 2024 for a two-lot plat, along the property's China Street frontage, in that instance reducing the required right-of-way dedication from 3.35 feet to 2.88 feet. In the case of the current request, it should be noted that even if one-half foot of right-of-way dedication were hypothetically proposed in place of the required five feet, the one-half foot would be enough to result in substandard areas for each ofthe three proposed lots. The criteria for granting variances is set forth in Subdivision Regulations Section 52-50(a), as follows: 1. Special circumstances or conditions affect the land involved such that strict application of the provisions of the Code would deprive the applicant reasonable use of the land; 2. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3. The variance will not be detrimental to the public health, safety, or welfare, and will not be injurious to other property in the area; 4. The variance shall not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of the Code. Upon review of the variance request, Staff believes that it warrants approval, due to the above input received from the Public Works Director, the intervening change in functional classification for both Maple and Navidad Streets to Collector Streets, and which would allow the proposed lots to conform to the minimum area and dimensional standards set forth in Subdivision Regulations Appendix I. Trammell Addition Revised Unit No. 7 LEGAL DESCRIPTION Alola cetaint bad x parcelo dlnd stustedi inthe Ctyofl Lodhat, Caldvell Courty, Teasa and beingl Lok landthe RePlat of Lot 18 the East 12 of East Vzolot2 2inE Block 40 Tammell Addition Revisedu Unit No. 1a s recordedi Volume 193F Page 32201 the Deed Records d Caldwell Courky, Teas andz aso descibedinl Istrument #2024-009205 ofu the Offical Public Records d Lot 2 in Block 4 Caldvell County, Texasa andb bagmorep particularyo desuib ed as fdlows: BEGINNING aay w iranpinlndu uRd for hass aft basinginthek ntesectians dthe SWhnedfA Anvidads Sreeta and dhe SEA tred aA Maple: Sreeta andi in the Noth comer ties said lot andthe/ Northe coer o6 thes sad Sbck fort che RePlat of Lot 1 and the East 1/2 of Lot 2 In Block 4 of Trammell Nrth comer ths at. Addition Revised Unlt No. 1 recorded In Volume 193 Page 322 of the Deed Records Records of Coldwell County, Texas In the Clty of Lockhart, Coldwell Counly, Texas THENCES 530 00' 00"E nd e AEA mec dfo des saidia ands Bock 4adthes SWA AnedA Nnitad Sreet 210.00 feet oa cagpedironpink fourds sampaf/NRIFS SRVEYORSI nthe Easto amer dthes adla andh thei intersation EaMUEbL TEXAS aft theA WWA Ane ofa 25 Alley aniie Wired ofAbvidads Sret fort thel Easto aomer oistact mBi whesars thg ands onni Es Bvc: THENCES $60° 00 00" W, whs thesEineo dies saldlos 1a and2a andthe MWline ofthes sad 25'A Aley 121.50 E LE feet pa cagpedhonpink fanisanpeHINES SRVEYORSAE the Souchd coner athe abovER mexonetinsmex 1 tnes #2024.009205 ardthe Easto cmer ofa acat afland coneyedtoA Abris EA Alexaier by deedrecord Instrumet ESE 2020-00451 a the: said afdA abk Recorsfort the Sauche comer this tract. ar a such E shal: access such THENCE N: 30° 00 00" W Mbh the SWA Ane the sad Instrment #2024-0082054 and the AEN Ane dt the atoe - - mytionefAeankr vat andover ardagoss the saidla. 22 210.00 feet loa aapped 1" in pni foundin the MW - hneau the sadia 2and the. Skec a'Maple: Sraet Kr te Mesto comer this tract and hony whiohp pain al W ipin B DATE EABSAETOE faundusedh for basis dbasringhawvs S6noww 121.5 SOR feet. MBVA AMELREGPERTIES, LLC DALAS, VEXAS) 15250 THENCEN N60 00 00"E ot he Mine ddes saldlos. Zadia andh the. SE inedk Maple Sreer 121.50F feet to mep pxedwpmryonainyos 585acresc fland xa or kss SMECSTS TCDMLL me E YLON: to e thath hetshe) GCcVId the eN : EIECNS sed TEXAS Etsu CALDMELL Teea Rodige, Couty Ceki nad for Gd Cty, Tps do hady caufy Da Uhe lovegping inbumet wth cotices Notayp Pubkin and* rhes siatec ollecas aerticaienw vashadkare recdnnyficete. dyd _ *, dock. M, andayn ncodiconpe. davd 20_ EnAHemadCaAtCom. TeaxaPC Cabind x9de_ salne Sleve Lenis. Ca Manager efthec or ofi ocingrt, dor rereby cert.ly thatu this plat as par ved by the o6 CfLOCINan, Caldwer County, Teras. on TmsaRangrz ne. davat 20 Quryo Oek, Caivelcosy, Toas Em OF MAKAGER EONIPCN VCADMAL pralessenall State oT certlyo thar pisa tue ard caract n ala - E E y supersona une: man: and me s propery am under drect super vSs tue WIENESS THFRFOF, my hand nds cel, thisihe. dar of 20 ewt HA ssion ESunEpet 5459 Site - - Vicinity Map Not to Scale ao € ViBN" > SURVEYOBSNOTES: - 1) Thelotss showakein Floodz Zone? "X". Thecity ofL Lockharth hasa adopted Zone" tobe e 9 nos fiood hazard, to FEMAF 19, o special accordingt Panel #4B055C0115Ee effectivec date) Junel 2012. * 2) Lots 1-A,1-B, and! -Cis szoned RLD (Residentiall Low Density). Surroundingp properties are zoned andk labeled RLD( Residenball LowD Density). R2 e 3) There restrictivec covenantson rocod recordedi in' Volume 223 Pg. 498 ofthe Docd Recordso of " a 1 Caldwell County, Texas, caide apply. y ) RECORDO OWNEROFI LAND: Whitey Famly Properties, LLC o e, 1 d DESIGNER OFP PLAT: Hnle Surveyors, Po Box1 1027, Lockhart TX7 78644 (512): 398- 2000 b. D1a6 s4 DATE OFF PREPARATION: January 2025 8505 SURVEYOR: Jenyl. Hirkle, R.PLS. #5459 POBox 1027,L Lockhart TX 78644 (512) 398-2 2000 5) The existing residance and accessory structures on the subdivision property shall be removed, priort tot bhe recoringo of this plat. y à D3 0 & 6) AS Subdvision Varance to fight-of-way dedication requirement in: Subdivision Regulations d 1L Section 52-72(e), alowing to no right-af-way dedication for both Maple Street and Navidad < D19s s4 Street, was approved by the Planring and Zoning Commission with this plat on 8506 < ) Boundary Closure-1' 'in 0000" LokClosures-- Lot 1-A--1' in0o00: Lot 1-B-l'in0000; Lotl 1-C-l'in 0000 4 y AN & LOT SUMMARY TABLE - Vot ec- & 1 R I sQ FT ACREAGE USE € 0.8b $4 LOT bbos 1-A 8505 0.195 RESIDENTIAL & - 1-B 8505 0.195 RESIDENTIAL % à 1-C 8505 0.195 RESIDENTIAL a 3 TOTALS 2551.50 0.585 IEGEND % : T E SREYOE s" D N PED R Fhons / ROH P FOND o VNVE "eso A EL POLE ORONAL DODED CHIS RESCOIK wN DOGN HINKLE ULESS Oncewse MORD SURVEYORS STEna Ms Swnyors 2s Amepsmonll Ft E SUBDIMISION PLAT APPLICATION CITY OF 1512/398-3461 . FAX/512/ 398-3833 P.O. Box. 239 . Lockhart, Texas 78644 308 West San Antonio Street Lockhart TEXAS APPLICANTS Jerry Hinkle PO Box 1027 SURVEYOR NAME RPLSS 5459 ADDRESS 512-398-2000 Lockhart TX 78644 DAY-TIME TELEPHONE contact@hinklesurveyors.com E-MAIL fenlepk: 10886-G none ENGINEER NAME ADDRESS DAY-TIME TELEPHONE E-MAIL Whitley Family Properties LLC 11215W Ricks Circle OWNER NAME ADDRESS 972-742-4758 Dallas TX 75230 DAY-TIME TELEPHONE cindy.whitey@attnet E-MAIL TYPE OF APPLICATION (check all that apply) PRELIMINARY PLAT SUBDIVISION DEVELOPMENT PLAN FINAL PLAT MINOR PLAT REPLAT MINOR REPLAT RESUBDIVISION x AMENDING PLAT DEVELOPMENT PLAT VARIANCE PROPERTY Trammell Addition Revised Unit Lot 1 and E 112 of Lot 2 SUBDIVISION Block 4 NAME 1 Maple and Navidad Street Woo ADDRESS OR GENERAL S4. LOCATION phaple X LOCATED IN CITY LIMITS ETJ (COUNTY) PDD 0.585 3 TOTAL LAND AREA ACRE(S) PROPOSED NUMBER OF LOTS RLD ZONING CLASSIFICATION/S) Residential PROPOSED USE OF LAND SUBMITTAL REQUIREMENTS NAME!S) AND ADDRESS(ES) OF PROPERTY LIEN-HOLDERS, IF ANY. IF THE APPLICATION IS FOR AN AMENDING PLAT, REPLAT. MINOR REPLAT, OR RESUBDIVISION - A COPYOF EXISTING DEED RESTRICTIONS OR RESTRICTIVE COVENANTS, IF ANY. IF THE APPLICATION IS FOR A FINAL PLAT INVOLVING PUBLIC IMPROVEMENTS - TWO FULL-SIZE PAPER COPIES OF THE ENGINEERING PLANS. IF THE APPLICATION IS FOR, OR INCLUDES, A SUBDIVISION CODE VARIANCE = COMPLETED VARIANCE SECTION ON NEXT PAGE AND REQUIRED STATEMENTNOTED THEREIN. PLAT DOCUMENTS, AS FOLLOWS, CONTAINING THE INFORMATION REQUIRED IN ARTICLE 23-6. (Amending Plats, Replats, Resubdivision Plats, Minor Plats, and Minor Replats are considered the same as Final Plats for the purposes of content and format). All plat copies shall be full-size paper copies. One copy for slaffs completeness review; six copies after plat is deemed complete. 12 copies after initial slaff reviews above (preliminary plats, final plats, replats, and resubdivisions). Two copies after initial staff reviews (amending plats, minor plats, and minor replats). Two signed and sealed mylar reproducibles (three if applicant wants to keep one) of approved amending plat, replat, resubdivision, final plat, minor plat, or minor replat, for recording. One recorded reproducible is filed at the County Clerk's office, and the other is returned to the City. &o 6: .o APPLICATION FEE OF sl PAYABLE TO THE CITY OF LOCKHART NO FEE FOR SUBDMISION DEVELOPMENT PLANS OR APPEALS): Preliminary Plat or Development Plat $1,500.00, plus $100.00 per acre Final Plat, Replat, or Resubdivision $1,000.00, plus $100.00 per acre Amending Plat, Minor Plat, or Minor Replat $750.00, plus $100.00 per acre not requiring a public meeting Subdivision Variance $750.00 per variance requested Recording fee for Final Plat, Replat, $71.00 for the first sheet, and $50.00 for each Resubdivision, Amending Plat, additional sheet (payable to the Caldwell County Minor Plat, or Minor Replat Clerk) To the best of my knowledge, this application and associated documents conform to all requirements of the City of Lockhart Subdivision Regulations. By signing below I agree that if any part of this plat and/or associated construction plans is found to be incorrect, incomplete, or otherwise deficient with regard to applicable City standards, the deadline Imposed by the Texas Local Government Code, Section 212.009, for approval or denial of the plat and/or associated construction plans by the City within 30 days of the date this application is deemed complete can be voluntarily extended for an additional 30 days upon mutual agreement by the applicant and the City. I further agree that if any part of this plat and/or associated construction plans remains deficient at such time that the plat andlor associated construction plans cannot be approved prior to the expiration of the second 30 days, the plat or construction plans will be subject to denial by the approval authority. It is understood that 'B another representative should be present at all public meetings concerningshis appljcation. eerly SIGNATURE DATE h/zors Cindy Whitley 972-742-4758 PRINTED NAME TELEPHONE PLAT APPROVAL PERIODS A preliminary plat approval period expires if a final plat and the engineering plans for one or more sections is not submitted within 12 months of approval. Upon written request received prior to the expiration, a maximum of two six-month extensions may be considered by the Planning and Zoning Commission. A final plat approval period expires if the construction of any required public improvements has not commenced within 12 months of approval. Upon written request received prior to the expiration, one six-month extension may be considered by the Planning Director. SUBDIVISION VARIANCE (for variance applications, only) VARIANCE 52-72(e) TO SECTION(S) OF THE SUBDIVISION REGULATIONS CURRENT ORDINANCE REQUIREMENT(S) Debicati-n half cijhh-of- wia deficitne beis S'fur both Mpkes Nowibnl Stres. REQUESTED VARIANCE(S) No dyah-of-vy debicadin fur eites Streek SUBMIT 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. Special circumstances or conditions affect the land involved such that strict application of the provisions of the Code would deprive the applicant reasonable use of the land; 2. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 3. The variance will not be detrimental to the public health, safety, or welfare, and will not be injurious to other property in the area; and, 4. The variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of the Code. OFFICE USE ONLY Wuler ACCEPTED BY Kain RECEIPT NUMBER Re13515.L DATE SUBMITTED CASE NUMBER 1/X/25 FP 2501 2/5/15 DATE APPLICATION IS DEEMED COMPLETE DATE NOTICES MAILED DATE NOTICE PUBLISHED (For certain Replats or Resubdivisions without vacating preceding plat) PLANNING AND ZONING COMMISSION MEETING DATE3/2.G/5 DECISION CONDITIONS (IF ANY) UTILITY SERVICE FORM THIS FORM SHOULD BE COMPLETED BY THE APPLICANT, AFTER CONSULTING WITH THE UTILITY SERVICE PROVIDERS LISTED BELOW, FOR ALL PLATS, EXCEPT AMENDING PLATS, AND FINAL PLATS THAT ARE CONSISTENT WITH APPROVED PRELIMINARY PLATS. THE FOLLOWING UTILITY SERVICE CODES ARE TO BE INDICATED, AS APPLICABLE, IN THE SPACE PROVIDED BELOW. A Adequate service is currently available to the proposed subdivision. B Adequate service is not currently available, but arrangements have been made to provide it. C Adequate service is not available, and arrangements have not been made to provide it from the utility. Additional easements are needed for the utility within the subject property. of Lockhart NAME WATER SERVICE City OF PROVIDER APPLICABLE UTILITY SERVICE CODE(S) WASTEWATER SERVICE of Lockhart APPLICABLE UTILITY SERVICE City CODE(S) TEXAS GAS SERVICE GAS COMPANY Texas Gas APPLICABLE UTILITY SERVICE CODE(S) of Lockhart NAME ELECTRIC OF SERVICE PROVIDER City APPLICABLE UTILITY SERVICE CODE(S) UNDERGROUND Yes No March 4, 2025 To whom it may concern; 1) Special circumstances or conditions affect the land involved such that strict application of the provisions of the Code will deprive the applicant reasonable use of the land; We purchased this lot with the intent of remodeling the current home and or re-platting the loti into 3 lots, due to the expense in repairing the house and its current location we decided to remove and or tear down that structure. Prior to buying the parcel we checked with the Planning Department about being able to divided the lots into 3 parcels and at that time the 2020 plan was referred to and no dedication of right of way was required and since we were re-platting less than 4 lots no sidewalks were required either. We felt very comfortable with the fact that we met the required 8500 sq. ft and the 120' of depth and 65 ft of width for RLD Zoning. After the survey was completed and turned into the Planning Department it appears that the 2045 plan was adopted, we has gone to great lengths to be sure before buying the lot and spending money on the survey work that we were in a good position to move forward with this project. We are asking that you accept the 2020 plan allowing the 3 lots without ROW dedication to be approved, it is really a burden for us to have to move to the 2045 plan that was adopted after the efforts we went to making sure we could move. forward. We have chosen to re-plat the lot into 3 parcels. We have gone to great lengths prior to deciding to do this to be sure we had either option to proceed. We have chosen to re-plat the lot. We, feel that we made every effort to rely on the information we obtained and the time it took in preparation and planning for this to come together. It would be impossible to meet the requirements for even 2 lots using the 2045 plan. 2) The variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant; We do want to see that nice homes are built on the parcels this is our goal. Again we are hoping to be allowed to proceed doing the 3 lots after having done our best to plan ahead. 3) The variance will not be detrimental to the public health, safety or welfare, and will not be injurious to other property in the area; The variance will not be detrimental to any one or thing in the area. We want to see the area improved to the best of its potential. 4) The variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of the Code; Most all lots in Block 2 in the original Revised Plat of Unit No: 1 of the Trammell Addition in this block are all parts oflots being larger and or smaller than their original platted sizes. Thanks for your time in this matter, Cindy Whitley