PUBLIC NOTICE City of Lockhart Zoning Board of Adjustment 6:30 PM, Monday, April 7, 2025 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 of the January 6, 2025 meeting. 4. ZV-25-01. Hold a PUBLIC HEARING and consider a request by Steven Mazurka on behalf of 711CTR, LLC 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 one foot, and a reduction in the minimum required side yard building setback from 5 feet to 4 feet, on 0.469 acre in the Francis Berry Survey, Abstract No. 2, zoned RMD (Residential Medium Density), and located at 649 Fir St. 5. ZV-25-02. Hold a PUBLIC HEARING and consider a request by Andrew Campbell for a Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required rear yard building setback from 10 feet to 7 feet, consisting of 0.174 acre in part of Lot 2, Block 2, Polks Addition, zoned RMD (Residential Medium Density), and located at 416 South Guadalupe St. 6. ZV-25-03. Hold a PUBLIC HEARING and consider a request by Timothy and Sharon Wakefield for a Variance to Appendix I of Chapter 64 "Zoning", Lockhart Code of Ordinances, to allow a reduction in the minimum required rear yard building setback from 10 feet to two feet, and a reduction in the minimum required side yard building setback from 5 feet to 1.5 feet, for a greenhouse and a garden shed, consisting of 0.351 acre in Lot 2, Block 1, Loveland-Schneider. Subdivision, zoned RMD (Residential Medium Density), and located at 201 Pecos St. 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 1:00 p.m. on the 27th day of March, 2025. CITY OF LOCKHART ZONING BOARD OF ADJUSTMENT JANUARY 6, 2025 MINUTES Members Present: Laura Cline, Wayne Reeder, Shawn Martinez, Lucy Knight, Arnold Proctor, Patrick Stroka Members Absent: Lori Rangel, Mike Annas Staff Present: Kevin Waller, Romy Brossman Others Present: Ivan Tristan applicant, Agenda Item 5), Lynn Moody 1. Call meeting to order. Chair Cline called the meeting to order at 6:31 p.m. 2. Elect Chairman and Vice Chairman for 2025. Member Stroka moved to nominate Laura Cline to continue as Chair and Lori Rangel to continue as Vice-Chair. Member Proctor seconded, and the motion passed with a vote ofe 6-0. 3. Citizen comments not related to a public hearing item. None 4. Consider the minutes of the November 4, 2024 meeting. Member Knight moved to approve the minutes. Member Martinez seconded, and the motion passed with a vote of 6-0. 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 204 N. Rio Grande Street. Planning Staff Kevin Waller presented the staff report with a PowerPoint presentation. The variance request to the lot depth standard would allow for the 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) and 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 development 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 Zoning Board of Adjustment 01-06-2025 feet and 8,500 square feet for the DF-2 and DF-1 types, respectively. Staff believes that the property's generous width and area figures relative to its shallow depth present conditions unique to the property. The additional impact to the surrounding properties and traffic safety would be negligible. Staff believes that the variance request warrants approval. Member Knight asked if the nearby parcel with duplexes at 210 N. Rio Grande is comparable in depth to the subject property. Mr. Waller confirmed that the two properties are consistent in depth. Member Proctor asked if the variance request was approved, resulting in the ability for a duplex to be constructed on the property, and the property was later sold without being built upon, would the variance approval transfer with the property? Mr. Waller stated that the variance approval would carry-over. Applicant Ivan Tristan, 150 Witter Rd., Lockhart, TX, stated that he's always wanted to build a duplex in this area. He will remain the owner of the property and rent it out. At one time he owned another duplex, on China Street, but had to sell it. He continued that it's hard to find a bigger lot in this area, and it's getting even harder as the city grows. Lynn Moody of 702 Fir Street, also representing neighbor Beth Salazar of 201 N. Rio Grande Street, shared their concern about increased traffic, parking, personal safety, and loud parties. Member Knight asked staff if other residents submitted comments in opposition. Mr. Waller reported that no other letters or comments in opposition were received. Member Stroka inquired about the number of parking spaces for each half of the duplex. Mr. Waller confirmed that the duplexes must meet the City's parking requirements, including two off-street parking spaces for each unit. For each duplex unit, parking locations will consist of a single-car garage and one driveway parking spot. Chair Cline stated that a second option for the applicant would be to split the property in two and build two small houses, one on each lot. The lot depth would still be nonconforming, and a variance would still be required. The same number of parking spaces would be required and there would be the same amount of traffic. Member Martinez moved to approve ZV-24-08. Member Knight seconded, and the motion passed with a vote of 6-0. 6. Discuss the date and agenda of the next meeting. Mr. Waller stated that the next regularly scheduled meeting would be held February 3rd, and that the application deadline is January 13th. To date, no applications have been received. Zoning Board of Adjustment 01-06-2025 7. Adiournment. Member Knight moved to adjourn the meeting, and Member Stroka seconded. The motion passed with a vote of6-0, and the meeting adjourned at 7:01 p.m. Approved: (Date) Romy Brossman, Recording Secretary Laura Cline, Chairwoman Zoning Board of Adjustment 01-06-2025 PEACHST 636 634 632 425 RHD' 640 418 732 730 734 423 742 740738 RHD 414 415 809 J 521 603 531 541 621 607 639 629 RHD 637 635 512 703 BOIS d ARCST 602 711 717 725 610 608 731 644 - 6% 8 614 606 159 660 646 a . 700 716 710 724 RMD 730 210 207 139 - 629 - 222 208 220 643 641 CLB 2A 204 649 P 137 713 711 - FIRLNE 725 719 à RHD A 733 610 118 652 650 w 708 V 712 116 730 734 732 4" 115 625 601 703 617 113 717 715 815 801 RHD 817 803 OST 831 W SAN ANTONI CLB 835 610 901 S B 728 714 700 a 722 716 102 A ZV-25-01 N SUBJECT PROPERTY 649 FIR LANE ZONING BOUNDARY TO REDUCE MIN FRONT YARD 200 FT BUFFER BUILDING SETBACK TO 1 FT Scale 1" = 200' AND SIDE YARD SETBACK TO 4 FT NUEGES CBLOS 8 8 PECOSST h RECOSSI & * ELMIST 0 WICAITAST * - L 5 E MANOSI a 3 M AEENAST ELONASI PLANNING DEPARTMENT REPORT ZONING VARIANCE CASE SUMMARY STAFF CONTACT: Kevin Waller, Senior Planner Kw/ CASE NUMBER: ZV-25-01 REPORT DATE: March 21, 2025 PUBLIC HEARING DATE: April 7, 2025 APPLICANT'S REQUEST: Variance to Appendix I of Chapter 64 to allow a reduction in the minimum required front-yard building setback from 20 feet to one foot, and in the side-yard setback from 5 feet to 4 feet. STAFF RECOMMENDATION: Approval CONDITIONS: None BACKGROUND DATA APPLICANT: Steven Mazurka OWNER: 711 CTR, LLC, c/o Steven Mazurka SITE LOCATION: 649 Fir Ln. LEGAL DESCRIPTION: North, Block B, Lot 5 and part of Lot 6 SIZE OF PROPERTY: 0.469 ac. EXISTING USE OF PROPERTY: Vacant commercial building ZONING CLASSIFICATION: RMD (Residential Medium Density) ANALYSIS OF ISSUES REASON FOR REQUESTED VARIANCE: The applicant proposes to open a Veterans' transitional housing complex on the property, which would include the utilization of an existing, vacant storage building as storage and maintenance for the new use. This building, constructed in 1910, measures 24.3 feet wide by 72 feet long, with 9-foot overhangs on either side, and is located one foot from the front property line and four feet from the side (east) property line. According to Zoning Ordinance Appendix 1, the required front-yard setback is 20 feet, and the side setbacks, 5 feet. The applicant has therefore requested a variance to allow the building to remain in place with the current setbacks. A copy of the site plan showing the location of the building is included with your agenda packet materials. It should also be noted that the proposed transitional housing use will require a Specific Use Permit from the Planning and Zoning Commission. AREA CHARACTERISTICS: The subject property is located primarily within a single-family residential neighborhood zoned RMD, which also includes a duplex on an adjacent property to the northwest and several vacant properties to the east of the subject property. The adjacent, vacant property to the west received approval of a variance at the Board's January 6, 2025 meeting for a substandard lot depth to allow the construction of a duplex. According to a review of aerial imagery, a single-family residence located across the street at 610 Fir Ln. appears to be encroaching into the required front-yard setback. UNIQUE CONDITIONS OF PROPERTY: The long-standing location of the storage building within the required 20-foot front-yard building setback and within the 5-foot side-yard setback could be considered a condition unique to the property. The applicant states in the application that a request for an estimate to move the building was denied by several companies, due to the size and construction materials ofthe structure. NATURE OF HARDSHIP: The main hardship associated with the property is the building's location within the front-yard and side-yard setbacks. Neither increased financial gain nor reduced financial hardship has occurred as a result of the building's location within the setbacks. However, failure to approve the variance would cause a financial hardship, requiring either physical relocation (infeasible as noted above) or partial demolition of the structure. EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: The location of the storage building within the required front- and side-yard setbacks does not appear to have resulted in adverse impacts to surrounding properties and public safety. The adjacent property to the east, opposite which the building encroaches into the side setback, is currently vacant, as noted above. 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 approval, if the Board determines that all 6 variance criteria are met. ALTERNATIVE SOLUTIONS: The 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 setback requirement and five-foot side setback requirement, or that the south 19 feet of the shed's length and the east one foot of its width be demolished to eliminate the encroachment. PRECEDENT: The Board's December 2023 approval of a variance to allow a reduction in the required rear-yard building setback for a storage shed that was inadvertently constructed within that setback may have set a precedent for similar requests, including that of the subject property. Variances, however, are considered strictly on a case-by-case basis, and the current request does result from a condition unique to the property, as previously discussed. RESPONSE TO NOTIFICATION: None, as of the date of this report. City of Lockhart Caldwell County, Texas Francis Berry Survey A-2 North's Addition Part of Lot 6 in Block B General Notes I Belare call 811 to locations of $ digging verify any utilities. pipclines, or other casementso of records singe the surveyur cannot guaranteet the exact pesition ofu thesc encumbrances. ACaPPBI IPF used bears tor 2)1 Theg propcrly shownhas access 0 and from public nadway. basisofb Dearingb w: 202.78 3) THIS SURVEY (S FOR USE: WITII TTIS ONI: N 10-0000 TRANSACTIONONIY. 105.74, 4) FLOOD ZONES SIOWN ARE APPROXIMATE AND CREATE NO LIABIITY ON THE PARI OF TIE NBOPGBOFE SURVEYOR AND. ARE BASED ON FROM A FLOOD ence 0. IPFU used INSURANCE RATE MAP. The property shown lies in Flood Capped! Dasiso olt beaing Kone "X" acvorling to FEMA Pancl #48055C0120E ellective tort r date June 19. 2012. Floud /one "X" is areas delermined to be r o d outside the 0.2% annusl chance flexxplain. WARNING: This S ch llood Statement, as Dckermined by ai 1.UD. FIA, FLOOD W inn HIAZARD BOUNDARY MAP. DOES NOT IMPLY that the a I Pruperty or the impuvemenis thercon will be Frve fromn t * Flosdingo or Flood Danuge. On mne occasious, Gircater Floods Can and Will Occur, and Flood Hcights may be increased hy stru m Man-N Made or NaluralCauses. In 8 00506 2023 3 0.469 ac. P u b 11 G N 0 1 relal 3 o d Rec N - - 1 n d Taag € 0 243 3 5 2 V I. 1 B 5 Sheet P g. & Melal & D e d à Barn 8 o 8 d $ R C L Pointo of Beginnng Sode 1"-30' 368 gi5 / -- e SEPTAOCAN LE a - (R. 0 Lane 649 F ir GF#24-2905-0 911 ADDRESS: 849 Fir Lane Lockhert, Taxos 78644 LIGEND CPPED 1/2 RON PN SET STAMPED MNKIE SURVEYORS" SURVEYI DRAWING D CPPED RON PN FOUND STAMPED "E SURVEYORS" Showing a 0.4 469 açre tract of land out of the Francis Berry Survey A-2 and part of Lot 6 in Block B of North's ORCIAL DEEDED CALLS Addition in the City ofl Lockhart, Caldwell County, Texas according lot then map or plal thereofr recordedi in Volume Q Page 498 oft the Deed Records of Caldwell Counly, Texas and the improvements as found situated thereon. Ido - X FINCES MEANDER hereby certify to (1)the foregoingp platisat truez and corredt representations ofa sulvey made ont the ground under my VHLESS OTHERMISE NOTED direct supervision on January 23, 2025, (2)1 have shown or noted ail recorded easements or right of ways listedi in the title report provided by Coridor Titte, Dripping Springs, Texas, G.F. #24- 2905-D effective date December 15, 2024, and shown all obsevable evidence of easements on the ground. There aren no ancroachments. protrusions, By: conflicts nora any shortagesi in area nor boundary othert thans shown hereon. THIS SURVEYK IS CERTIFIED TO Bok_de Druwn H LH THE PERSON(S) / COMPANY SHOWN Mo. Droving: E HEREON AND ITS CONTENTS GUARANTEED FOR 20250231-Fitons 2250251-Pamd USE WITH THIS ONE TRANSACTION ONLY DATED THIS DATE. THE SURVEYOR. SHALL DatE Jonvary 2025 Wort Olak Bagin 01012025 INCUR! NOLIABILITYFORA ANY USE OF THESERKEYBEYOND: THIS TRANSACTION OR FOR Survesd By JH JDB Autoood Dls Baghn 01012025 ANY PERSONS(S) / COMPANY NOT 4st d O - Only those prints containing the raised Surveyar's seal anda and original" "LIVE" signalud ficiala andr reled upont byt the user. HINKLE C . 9 SURVEYORS 4 JERRYL HINKLE y" Jeny 54595 ies PO. Box 1027 1109S. Main Steet Lockharl, TX 78644 E: ESSIC 94 Ph: (512): 398- -2000Fax:(512) 398-7683 Email: contact@ Hinkle Surveyors. 2025 - ED hinkiesurveyors.com Firm RegistrationA No. 100886-00 ZONING VARIANCE APPLICATION CITY OF 1512/398-3461 a 398-3833 Lockhart FAX/512/ TEXAS PO. Box. 239 a Lockhart Texas 78644 308 West. San Antonio Street APPLICANTIOWNER APPLICANT NAME STEVEN MAZURKA ADDRESS 211 Dowterst DAY-TIME TELEPHONE 239.2489085 LOCEHer 7x 78644 E-MAIL Steven & Mazurkacom OWNER NAME 7/CHR,LLC ADDRESS 711 Cowher SA DAY-TIME TELEPHONE 239-248 9085 LOCKIARI 7x 786ya E-MAIL PROPERTY ADDRESS OR GENERAL LOCATION 649 FIR CANE LEGAL DESCRIPTION (IF PLATTED) tor5,BorkB NORTH, BOkE,LoT5,PTL SIZE J 4 8 ACRE(S) ZONING CLASSIFICATION RMD APDATIGN EXISTING USE OF LAND AND/OR BUILDING(S) WAREHOUSE STORAGE REQUESTED ZONING VARIANCE - VARIANCE TO SECTION(S) AppRatis OF THE ZONING ORDINANCE CURRENT ORDINANCE REQUIREMENT/S) BUILDNG REOUIRE 20'3BAek front FRom SIREET % ResiDENtitL MSE. S'setbnek exifrem sihe B pr-pert lines. REQUESTED VARIANCE(S) ALkop MONCAEDNG USE AS STORAGIE IND MAINTEMANCE AND Allow EXI5T/N6 SET BACK FROM STRéE7t sie FPNe -Alow a L-fusk Seoack frem the frumt Avlew & Ac-Ponk fropash + SeNbnekfrm -ie, sie (eash)p Prepuhyline nR 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 OWVNS THE PROPERTY. IF NOT 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 literalenforcement of the ordinance; 2. The condition or characteristic noted above is not caused by an action of the property owner, occupant, or applicant; 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 increased financial gain or reduced financial hardship; 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 district; and, 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" X 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 features of the site which are applicable to the requested variance. APPLICATION FEE OF $250.00 PLUS $150.00 PER ACRE, FOR A MAXIMUM OF $2,500.00, PAYABLE TO THE CITY OF LOCKHART. $322 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 CONCERNING THIS APPLICATION. SIGNATURE DATE 2025 Maguhn Feb Slen 25, OFFICE USE ONLY ACCEPTED BY D. ForkerAvin WAlec RECEIPT NUMBER Ro13.56237 DATE SUBMITTED 2125/25 CASE NUMBER ZV - 25 - DATE NOTICES MAILED 3/2/1.5 DATE NOTICE PUBLISHED 3/357/25 BOARD OF ADJUSTMENT MEETING DATE A//25 DECISION CONDITIONS Request for Variance 649 Fir Lane, Lockhart, TX 78644 Owner: 711CTR, LLC Steven Mazurka, Managing member. 1. The dry storage building was built in 1910 and has been continually used for storage. The building is 24'x72' with 9' overhang on both sides. AI request for estimate to move the building was denied by several companies due to the size and construction. V I' fremfrent lre The structure was prepurhy 2. in place at the time of purchase and is situated approximately 5' from the street and-12-from side lot line. A 3. Electrical power is necessary for continued maintenance and repair. It had electrical power previously buti it does not currently have power or water.That requires zoning approval. 4. Request for variance from setback and non-conforming use as maintenance and storage is not incompatible with adjacent property. It will not adversely affect public health or safety and not permanently interfere with appropriate use of adjacent property. 5. The variance will not alter the essential character of the zoning district. CCB CLB RHD 315 411 LEAST 202 413 W. PRAIRIEI 423 208 511 503 216 CMB 317 400 420 314 319 426 309 s 311 311 316 313 ST 401 313 a 220 214 VINEOAKS 401 316 RHD 407 317 312 400 407 408 401 417 401 420 402 s 416 409 a 417 421 s 407 410 416 317 313 - 422 321 417 501 - 416 PLUMST RMD VA 507 3124 503 506 417 316 V 500 > 513 4505 511 510 424 408 - a - 5To 503 515 518 509 521 510 509 516 520 517 521 512 523 522 518 531 525 520 523 524 219 524 525 317 541 530 321 210 604 212 423 MASRERREE 501 425 603 503 RLD 320 326 ZV-25-02 N SUBJECT PROPERTY 416 S GUADALUPE ST ZONING BOUNDARY REDUCE MIN REAR YARD 200 FT BUFFER BUILDING SETBACK FROM 10 FT TO 7FT Scale 1": = 200' a 8 - E SMAINSI 3 & SEUAENST 6 SALRTOT a - - - CELLN a sonplups - CEIOEI 5 - GELOST ÉRIOST - PLANNING DEPARTMENT REPORT ZONING VARIANCE CASE SUMMARY STAFF CONTACT: Kevin Waller, Senior Planner kw/ CASE NUMBER: ZV-25-02 REPORT DATE: March 25, 2025 PUBLIC HEARING DATE: April 7, 2025 APPLICANT'S REQUEST: Variance to Appendix I of Chapter 64 to allow a reduction in the minimum required rear-yard building setback from 10 feet to 7 feet STAFF RECOMMENDATION: Approval CONDITIONS: None BACKGROUND DATA APPLICANT AND OWNER: Andrew Campbell SITE LOCATION: 416S. Guadalupe St. LEGAL DESCRIPTION: Polks, Block 2, part of Lot 2 SIZE OF PROPERTY: 0.174 ac. EXISTING USE OF PROPERTY: Single-Family Residential ZONING CLASSIFICATION: RMD (Residential Medium Density) ANALYSIS OF ISSUES REASON FOR REQUESTED VARIANCE: A 7-foot-wide by 7-foot-long freestanding gazebo was recently constructed in the rear yard of the subject property as an accessory structure to the existing single-family residence, prior to securing the necessary permits. The gazebo is located 7 feet from the rear property line at the structure's closest corner, which encroaches 3 feet into the required 10-foot rear-yard building setback for the RMD Zoning District set forth in Appendix I of the Zoning Ordinance. A copy of the site plan showing the location of the gazebo as constructed is included with your agenda packet materials, and photos will be presented at the meeting. AREA CHARACTERISTICS: The subject property is located primarily within a single-family residential neighborhood zoned RMD, which also includes a duplex on the adjacent property to the north and two vacant properties to the east of the subject property. It should be noted that the single-family residence on the subject property encroaches into the front-yard setback, with the same encroachment occurring for the duplex located on the property to the north at 400 and 402 S. Guadalupe St. UNIQUE CONDITIONS OF PROPERTY: The applicant states in the application that an approximately 50-foot tall Hackberry tree on the subject property, located to the west of the gazebo, helped determine where the structure would be placed. It is explained that Hackberry trees have weak limbs, which could present a safety hazard were a limb to break off and strike the gazebo. The applicant has provided photos that show several large limbs looming over the gazebo, with as little as two feet of horizontal separation between the tree limbs and structure. Although the applicant plans to keep the tree, its removal was considered, which would be cost-prohibitive. Removal of the limbs closest to the gazebo was also considered; however, the applicant explains that those limbs provide a counterbalance to the tree, that, if removed, could present a safety hazard to the house with the opposite-facing limbs. The applicant also notes that he assumed that the rear property line was actually a side property line, due to the property's very shallow depth and long width. Staff agrees that the lot' s 61-foot depth and 123-foot width is another condition unique to the property. NATURE OF HARDSHIP: The main hardships associated with the property are the proximity of the Hackberry tree to the west of the gazebo and the shallow rear yard. Neither increased financial gain nor reduced financial hardship has occurred as a result of the building's location within the setbacks. EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: Construction of the gazebo three feet into the rear-yard building setback does not appear to have resulted in adverse impacts to surrounding properties and public safety. The adjacent property to the east, opposite which the gazebo encroaches into the rear setback, is currently vacant, as noted above. 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 approval, if the Board determines that all 6 variance criteria are met. ALTERNATIVE SOLUTIONS: The two alternative solutions, however impractical, are to require either that the gazebo be moved to comply with the 10-foot rear-yard setback requirement, which would likely result in the removal of the Hackberry tree non-protected tree), or that the east 3 feet of the structure's width be demolished to eliminate the encroachment. PRECEDENT: The Board's December 2023 approval of a variance to allow a reduction in the required rear-yard building setback for a storage shed that was inadvertently constructed within that setback may have set a precedent for similar requests, including that of the subject property. Variances, however, are considered strictly on a case-by-case basis, and the current request does result from conditions unique to the property, as previously discussed. RESPONSE TO NOTIFICATION: None, as of the date of this report. 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THS OFEROCO a flood % f OF FET In FEMA Bocnuna thls o THE ACCURACY PEPRETATON ba Includad be hn Zone(a) NOT CERNFY FEMA' Speciol E of tha Flood SURVEYOR D concerning lhal A or a portinn propetly FIRM. os descrbedcbovs oclual More hfonnation thon lo Inlarpral tho F sat out on EMA: olficlols, and which moy not ogree with the troct's condilions olher net wllh lho nepretatks of FEMA or slole gor/pslel. or locd GONZALES, ET UX o E tard ond may ba found at husl/msclemes FILEMON F'ENCE - (s 10'00'00" E 125.00') VOL. 346 TRACT PG. 537 M IN S 11'21'20" E 123,55' yy FENCE 17 oUT 0.5' (7,7) SUBJECT RACT woP SQ DECK w/ 75659 5 0.174 Gzees JOYCE DAVIS, ET AL 42.6' N/C PAD 0.318 ACRES M DDC. NO. 131376 0 CORS M E ONE STORY SIDING 12.5' e ten CUV. SONC. COV. V) eRR CONG. STOBE a PLANIER N 1121'19" W 125.02' o CM. AC. MALBCK CM. POINT OF DAbE BEGINNING L CINC. WALK - COND VALE N 11'21'19" W 123.55' (N 10'00'00" W 125.00') OIE: BASED ON ACTUAL GPS STREET EARINGS SHOMV HEREON ARE S. GUADALUPE BSERVATONS, TEXAS STATE PLANE COORDINATES, oUTH CENTRAL ZONE; GRID. AC. <N Scales N25 / I : a AS 8 a - - $ - - MA - a Re6s A fonk Vadt 2f+ 20fh fon pAck Fincc - & ZONING VARIANCE APPLICATION CITY OF F 1512/398-3461 . FAX/512/ 398-3833 Lockhart P.O. Box 239 . Lockhart, Texas 78644 TEXAS 308 West. San Antonio Street APPLICANTIOWNER APPLICANT NAME Aadrew Carpbell ADDRESS 416 5. Gusklepc DAY-TIME TELEPHONE 330 5541 7731 Lock hert, TX E-MAIL andy Cowphell Qheicon 78644 OWNER NAME Saans ADDRESS Say DAY-TIME TELEPHONE 330554 1773) E-MAIL andyCaspkve Me.con PROPERTY ADDRESS OR GENERAL LOCATION 4/16 S. Guadklupe LEGAL DESCRIPTION (IF PLATTED) Pokkg Block 3 Pach Leh a SIZE 0.174 ACRE(S) ZONING CLASSIFICATION fLesilerel (RMD) EXISTING USE OF LAND AND/OR BUILDING(S) Hon REQUESTED ZONING VARIANCE VARIANCE TO SECTION(S) Appanis OF THE ZONING ORDINANCE CURRENT ORDINANCE REQUIREMENT/S) Stovchi Aeeds Lo bc 10 ft fron bsck of - propily lo-ft mpsellek REQUESTED VARIANCE(S) - wod like fermssicn to allow onK corAr fo)t of Ratsplalgatew +o be tt fror 5 line. fuk Setbsek frem fear prepuh W 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 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. 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, occupant, or applicant; 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 increased financial gain or reduced financial hardship; 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 district; and, 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") X 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 features of the site which are applicable to the requested variance. APPLICATION FEE OF $250.00 PLUS $150.00 PER ACRE, FOR A MAXIMUM OF $2,500.00, APPLICATION FEE OF $ 24G.10 PAYABLE TO THE CITY OF LOCKHART. TO THE BEST OF MY KNOWLEDGE, THIS APPLICATION AND ASSOCIATED DOCUMENTS ARE COMPLETE AND CORRECT, AND IT IS UNDERSTOOD THAT OR ANOTHER REPRESENTATIVE SHOULD BE PRESENT AT ALL PUBLIC MEETINGS CONCERNINGTHS APPLICATION. SIGNATURE DATE 31u125 OFFICE USE ONLY ACCEPTED WAllar BY kevin RECEIPT NUMBER Ro13Glug DATE SUBMITTED 3/14/25 CASE NUMBER ZV- 25.0 DATE NOTICES MAILED 3/31/75 DATE NOTICE PUBLISHED 3/17/35 BOARD OF ADJUSTMENT MEETING DATE 4//25 DECISION CONDITIONS Thank you for the consideration. We built this gazebo for our children to spend more time outdoors and hope that you agree that it will not adversely affect the public in any way. We have a large, well-established hackberry tree that stands over 50 feet tall which was a key factor in where we placed the gazebo. After inquiring with tree removal services about having it taken down, we discovered that the cost would be several thousand dollars. Therefore, we have decided to coexist with the tree. Hackberry trees are known for having weak limbs and a tendency to fall, sO we chose to build the gazebo away from the tree. This way, we can avoid the risk of large limbs falling on the structure, potentially while our children are playing inside. 2. The tree was planted and established well before we bought the house. 3. The gazebo remains centered in the backyard, with only one post of the hexagon encroaching past the ten-foot limit, which is still 71 feet from the property line. 4. There is no financial gain for this decision. 316. The gazebo presents no public health or safety risks and I've spoken to the majority of my neighbors who all find it to be beautiful and not a hindrance in any way. This variance would not in anyway be out of character with other similar aspects of our neighborhood. Thanks again, The Campbell Family 427 RHD 419 425 423 418 401 321 PI 423 414 415 401 324 330 521 340 342 JABCST 603 531 BOIS. 344 541 346 325 510 504 335 343 CMB 512 347 602 - 351 - ST W PECAN 610 608 8 614 606 159 142 211 5 338 330 352 344 a 140 RMD 13$ U RHD 629 201 138 202 131 a - 125 < 17 FIR-LN 127 122 119 37 121 124 116 RHD CLB 610 #8m CLB 110 415 409 419 531 519 499 625 601 703 617 N SAN LATDNOSL 422 412 CMB & 510 502 a 518 D CLB 540 610 B 421 U 604 110 714 700 117 RHD ZV-25-03 N SUBJECT PROPERTY 201 PECOS ST ZONING BOUNDARY REDUCE MIN REAR YARD BUILDING SETBACK FROM 200 FT BUFFER 10 FT TO 2 FT AND SIDE YARD Scale 1" = 200' BUILDING SETBACK FROM 5 FT TO 1.5 FT ATLNCOSI 8 1 - SMOALnES AE & - 3 AUECISST - GEILOST - PECOSST N TRECOSSI - ELMIST - MICMIASI - D - CRARDEST SRIO PLANNING DEPARTMENT REPORT ZONING VARIANCE CASE SUMMARY STAFF CONTACT: Kevin Waller, Senior Planner kw CASE NUMBER: ZV-25-03 REPORT DATE: March 25, 2025 PUBLIC HEARING DATE: April 7, 2025 APPLICANT'S REQUEST: Variance to Appendix I of Chapter 64 to allow a reduction in the minimum required rear-yard building setback from 10 feet to 2 feet, and a reduction in the minimum required side-yard building setback from 5 feet to 1.5 feet. STAFF RECOMMENDATION: Denial, due to failure to meet all six variance criteria. BACKGROUND DATA APPLICANTS AND OWNERS: Timothy and Sharon Wakefield SITE LOCATION: 201 Pecos St. LEGAL DESCRIPTION: Lot 2, Loveland-Schneider Subdivision SIZE OF PROPERTY: 0.351 ac. EXISTING USE OF PROPERTY: Single-Family Residence ZONING CLASSIFICATION: RMD (Residential Medium Density) ANALYSIS OF ISSUES REASON FOR REQUESTED VARIANCE: An 8-foot-wide by 10-foot-long garden shed, as well as a 7-foot-wide by 11-foot-long greenhouse, were recently constructed in the rear yard of the subject property as accessory structures to the existing single-family residence, prior to securing the necessary permits. The garden shed and greenhouse are both located 1.5 feet from the side (north) property line, which encroaches 3.5 feet into the required 5-foot side-yard building setback for the RMD Zoning District set forth in Appendix I of the Zoning Ordinance. In addition, the greenhouse is located two feet from the rear property line, thereby encroaching 8 feet into the required 10-foot rear-yard setback. A copy of the site plan showing the locations ofthe two structures as constructed is included with your agenda packet materials, and photos will be presented at the meeting. AREA CHARACTERISTICS: The adjacent properties to the north and south are zoned RMD and contain single-family residences. The property to the east, across Pecos Street, is a City park. The adjacent property to the west is also owned by the applicant, zoned RMD, and is vacant. Further west, across Elm Street, are two apartment complexes, The Oaks and The Elms. UNIQUE CONDITIONS OF PROPERTY: The applicant explains in the application that a Pecan tree and Oak tree restrict the location options of the greenhouse and shed. The applicant desired to place these structures near the raised beds that he had constructed to create a workable garden space that enabled his wife to have an easily manageable garden with the two structures and raised beds in proximity to one another. During a March 24, 2025 site visit to the property, Staff observed that neither the Pecan tree nor Oak tree are classified as Protected Trees. Although Staff appreciates the thoughtfulness that went into creating a very attractive, functional garden space, the existing property features do not create a unique condition that warrants the location of the greenhouse and garden shed within the required side-yard and rear-yard setbacks. It is our conclusion that the structures can be relocated to meet the required setbacks without adverse impacts from the two trees noted above. Further, the current encroachments into these setbacks do not meet the City's five-foot Fire Code spacing requirements. NATURE OF HARDSHIP: Staff has determined that there is no unique condition of the property that creates a hardship associated with meeting the required building setbacks. Neither increased financial gain nor reduced financial hardship has occurred as a result of the two structures' locations within the required rear-yard and side-yard setbacks. EFFECT ON SURROUNDING PROPERTY AND PUBLIC SAFETY: Construction of the garden shed and greenhouse 3 % feet into the side-yard building setback, with the greenhouse also 8 feet into the rear setback, does not appear to have resulted in adverse impacts to surrounding properties and public safety. It should be noted that the greenhouse is largely screened from Pecos Street, due to its placement behind the north side-yard fence and the garden shed, with the upper third of the garden shed visible above the fence. 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, due to failure to meet all 6 of the variance review criteria; namely, Criterion 1 (unique property condition not created by owner, occupant, or applicant), and Criterion 2 (practical lficuty/unnecessary hardship). ALTERNATIVE SOLUTIONS: An alternative solution is simply to relocate the greenhouse and garden shed to locations that comply with the setback requirements, which appears feasible, based upon Staff's site visit. In addition, the applicant states in the application that the two structures .are fairly basic, practical wooden structures that we would be happy to remove if we were ever to leave the premises." RESPONSE TO NOTIFICATION: None, as of the date of this report. STAFF RECOMMENDATION RATIONALE: Staff recommends denial of the variance request, which does not meet all 6 of the variance review criteria. The applicant explains that he was not aware of the permit or setback requirements when the structures were erected. However, this is not grounds for a variance, when there are locations nearby that do conform to the setback requirements. The locations of the Pecan and Oak trees do not necessitate the locations of the structures as currently positioned. City of Lockhart Caldwell County, Texas Loveland-Schneider Subdivision Lot 2 in Block 1 P CANS CAea Ve % Lotl Bal at D E 145.48 7 e (N scoc" d ovks 0.4 N8 80-0000 E 143.85 * * 2 v 1 A ( 2 - f 145 MA 160 a 2 160 a a is 50 R 'd a : I : m A Wood i8 8 e N & 1-Story & a & N & 6 Frame Res. 6 @ B a - 10.0 d 3A 5 I * Be - a o E 1 0.351 495 E ac. O: - 1 Block Lot 2 Bne a 5. LMPLRE 794551 W 1a3s" (5 * 143.49 &s SaVVeW Lot 3 GF. 123-2474-L 911 ADORESS: 201 N. Pecoe stest tockhort, Troe 70644 LEGEND a ORANCE CAPPED RON POI FOUNO 4 DWIETCK MELL @ WAIDR MEIR OROINAL DEIDED CALLS FENCES MENOER CONCRETE UMESS OnIERWSE NOTED Socke "20 Dools S pron b U E Druving 2023478143. Dolr 0iobw2025 ort D Bh. 10012925 Buneyn BAH 0e Ntooer DMA Best 10012023 HINKLE SURVEYORS PO. Box 1027 1109 S. Main Street Lockhart, TX 78644 Ph: (512) 398-2000 Fax(512)3 398-7683 Email contaci@ Me Surveyor 202 hinNesurveyors-com Firm RegistatonNo. 100886-00 ZONING VARIANCE APPLICATION CITY OF 1512/398-3461 . FAX/512/ 398-3833 Lockhart P.O. Box 239 . Lockhart, Texas 78644 TEXAS 308 West. San Antonio Street APPLICANTIOWNER APPLICANT NAME Sham wakofeld ADDRESS 001 Pecos Strect - DAY-TIME TELEPHONE 512-576-7678 Lockhart TX 786414 E-MAIL SnaoAwake Feld@gm I. com) OWNER NAME Shacno Moakefeld ADDRESS 201 Peles Street DAY-TIME TELEPHONE 513 -1/57-940/ Locknatty TK 78644 E-MAIL Tmg Sonlus.nn 007 PROPERTY ADDRESS OR GENERAL LOCATION 201 Recos Klpect LEGAL DESCRIPTION (IF PLATTED) Loclenl-shneide sobdloto SIZE0,351 ACRE(S) ZONING CLASSIFICATION Residential LRAOJ EXISTING USE OF LAND AND/OR BUILDING(S) Single Fomly Recidence REQUESTED ZONING VARIANCE VARIANCE TO SECTION(S) Appandiy - OF THE ZONING ORDINANCE CURRENT ORDINANCE REQUIREMENT/S) lo-foeh rRar ouile SRoaek ane 5-fooh sihe seonek. REQUESTED VARIANCE(S) To the Selbacks ot Side and back Sence. - Reac Setback & feektsile stbw s 1.5 Reet for & eense. Sile Setoaek s 1.5 Reeh - Ror a Shah. 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 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, occupant, or applicant; 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 increased financial gain or reduced financial hardship; 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 district; and, 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" X 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 distançes from property lines; 6) Location, dimensions, and surface type of off-street parking spaces and loading areas; and, 7) any other proposed features of the site which are applicable to the requested variance. APPLICATION FEE OF $250.00 PLUS $150.00 PER ACRE, FOR A MAXIMUM OF $2,500.00, APPLICATION FEE OF $301.GEPAYABLE TO THE CITY OF LOCKHART. 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 CONCERNING THIS APPLICATION. SIGNATURE lm Dk DATE 2126125 OFFICE USE ONLY ACCEPTED BY NUMBER Wales Kerin RECEIPT Ro1362137 25 03 DATE SUBMITTED 3/1-/75 CASE NUMBER ZV - 3/21/25 DATE NOTICES MAILED DATE NOTICE PUBLISHED 317/25 4/7/75 BOARD OF ADJUSTMENT MEETING DATE DECISION CONDITIONS Variance Request for 201 Pecos Street 1. There is a large pecan tree. (Around 80f) and smaller oak tree (Around 30 feet) that restrict the space that could incorporate a greenhouse and shed. Speaking with a garden designer we wanted to build these structures next to the raise beds that I had built to allow my wife to have a workable garden space. The greenhouse is 2ft from the back fence an 1 1/2 feet from side. The Shed is 1 1/2 feet from side. This North side of the yard now is a beautiful working garden whilst the South side is more ornamental and used for relaxing. 2. The trees that restrict the positioning of these buildings were all on the property when we purchased it. 3. Having the buildings 5 foot from the fence would mean the removal of both trees. The land behind us is owned by us and the next door neighbor was extremely happy for us to put these buildings where they are sO no one is affected by these structures. They don't block Andy's views or restrict light in any way for our neighbours. 4. The addition of these buildings does not increase the value of the property. They are fairly basic practical wooden structures that we would be happy to remove if we were ever to leave the premises. 5. Because the yard is flanked on all three sides by neighboring yards any emergency vehiçles would access the property from the road at the front of our house. there is no access to the rear of the property. The structures pose no other health and safety risk. 6. The yard we have created has been carefully designed to blend in with the aesthetic historical nature of the house. We were asked to open our house and garden for the Lockhart Holiday homes Tour last year. We have respectfully tried to build a home in keeping with the other older homes in our neighbourhood. Thank you, Tim & Sharon Wakefield 512-457-9401 Tim Wakefield 201 Pecos St Lockhart Texas 78644 February 24th 2025 To The City of Lockhart, I am writing a supporting letter to ask if you would consider granting a variance for a greenhouse and shed I have on my property at 201 Pecos St, Lockhart, 78644. I purchased this house around 18 months ago and have painstakingly created a wonderful garden space for my wife and I to enjoy. My wife has been unwell for some time and my intention was to create an easily manageable garden with raised beds and a greenhouse and shed in close proximity to enable her to do something she loves. There are a few trees I the yard that restricted where these could go and have attached a plan to show where these are situated as well as a photograph to show that this has been done very tastefully. We were actually asked to show our home and garden in the Lockhart open homes weekend in December as the organizers felt it was a property people would enjoy. I have also consulted with my neighbour, Christopher St Ledger who is the only person affected by any view of our garden and he is more than happy with the outcome. I am fully aware now that I should have had a permit for these structures and will fully comply with your decision. Being from the UK this kind of permitting is new to me and I would have gone through the correct procedure had I known this was the protocol. I hope you consider this application for a variance favorably and am more than happy to have someone from the City come and see the property at any time to assess the merits of this request. Sincerely Tim Wakefield Artist II Soundwaves Art Foundation +1 12 457 9401 H tim@soundwavesartoundation.com