B GUNAERI EST. 105 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax 903-433-8039 AGENDA BOARD OF ADJUSTMENT REGULAR MEETING Thursday, April 17, 2025 6:00pm Pursuant to Chapter 551 of the Texas Government Code, notice is hereby given of a Board of Adjustment Regular Meeting of the City of Gunter, Texas to be held on April 17, 2025, at 6:00 p.m. in the Gunter Public Safety Building, located at 105 N. 4th St., Gunter, Texas, at which time the following will be discussed and considered: CALL TO ORDER BOARD OF ADJUSTMENT REGULAR MEETING [Mayor will call the meeting to order, establish a quorum if present, and declare notices legally posted pursuant to the Open Meetings Act. During the course ofthe meeting, members ofthe audience wishing to speak must be recognized by the Presiding Officer.) REGULAR AGENDA 1. Consider approval ofl Minutes from March 20, 2025, Board of Adjustment Meeting. 2. Discuss, consider, and take any action necessary on a Variance Request to the City's Zoning Ordnance Chapter 14A, Article 7 Compliance with Zoning Regulations, 8.2 Permitted Uses, for a +/-6.994 acre tract of land situated in the Douglas Henry Survey, Abstract No. G-0366, and HRSA Abstract No. G-0366, located at 1088 Bounds Road to allow a manufactured home in Agriculture District. (Trevor Haire) ADJOURN I, the undersigned authority, do hereby certify that the above Notice of Board of Adjustment Meeting ofthe City of Gunter, Texas is a true and correct copy of said Notice and that I posted a true and correct copy ofs said Notice on the window of City Hall of said Gunter, Texas, a place convenient to the public, and said Notice was posted on or before April 14, 2025 at 6:00p.m. and remained SO posted continuously for at least seventy-two hours immediately preçeding the date of said meeting. Detra Gaines, City Secretary Pursuant to Section 551.127, Texas Government Code, one or more Councilmembers or employees may attend this meeting remotely using videoconferencing technology. The video and audio feed of the videoconfèrencing equipment can be viewed and heard by the public at the address posted above as the location ofthe meeting. Ifduring the course of the meeting covered by this notice, the City Council should determine that a closed ore executive meeting or session ofthe City Council or a consultation with the attorney, for the City. should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open. Meetings Act, Texas Government Code $ 551.001 et.seq., will be held by the City Council at the date, hour and! place given int this notice as the City Council mayconveniently meet in such closed or executive meeting or session or consult with the attorney. for the City concerning any and all subjects andfor any and all purposes permitted by the Act, including, but not limited to, thej following sections and purposes: Texas Government Code Section: $ 551.071 Private consultation with the attorneyfor the City on any item listed on the agenda $ 551.072 Discussing purchase, exchange, lease or value ofreal property $ 551. 07 4. Discussing persomnel matters or to hear complaints against persomnel. Persons with disabilities who plan to attend this meeting and who may need assistance. should contact Detra Gaines, City Secretary, at (903) 433-5185 two working days prior to the meeting so that appropriate arrangements can be made. E TYO BOARD OF ADJUSTMENT MEETING GUNGERI April 17,2025 EST. 1901 6:00 PM AGENDA ITEM #1 Consider approval of Minutes from March 20, 2025, Board of Adjustment Meeting. AGENDA ITEM SUMMARY/BACKGROUND: PRESENTED BY: Karen Souther, Mayor Courtney Morris, City Attorney FINANCIAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: See Attachments GUNAE EST. 190) 105 N. 4th Street, P.O. Box 349 Gunter, TX 75058-0349 903-433-5185 Fax 903-433-8039 MINUTES BOARD OF ADJUSTMENT REGULAR MIEETING Thursday, March 20, 2025 6:00pm Meeting Opened. At 6:03 p.m. Members Present: Mayor Karen Souther, Cyndy Davis, Alan Richins, Wade Burtsfield, William Stevens Members Absent: David Self Staff Present: Director of Planning & Development Eric Wilhite, City Secretary Detra Gaines, Assistant To City Secretary Rosa. McCorry, City. Attorney Courtney Morris Pursuant to Chapter 551 of the Texas Government Code, notice is hereby given of a Board of Adjustment Regular Meeting of the City of Gunter, Texas to be held on March 20, 2025, at 6:00 p.m. in the Gunter Public Safety Building, located at 105 N. 4th St., Gunter, Texas, at which time the following will be discussed and considered: CALL TO ORDER BOARD OF ADJUSTMENT REGULAR MEETING [Mayor will call the meeting to order, establish a quorum ifpresent, and declare notices legally posted pursuant to the Open Meetings Act. During the course ofthe meeting, members of the audience wishing to speak must be recognized by the Presiding Officer.) REGULAR AGENDA 1. Consider approval of Minutes from June 15, 2023, Board of Adjustment Meeting. Cyndy Davis made the motion to approve Minutes from June 15, 2023, Board of Adjustment Meeting. Alan Richins seconded the motion. Motion passed 4-0 2. Discuss, consider, and take any action necessary on a Variance Request to the City's Zoning Ordnance Article 29 Off-Street Parking and Loading Requirements, Section 29.2.2. for a +/-8.79 acre tract of land situated in the Douglas Henry Survey, Abstract No. G-0366, located at 106 W. Main Street. (Cody Paxman-State Farm) Citizen comments were made by Cody. Paxman regarding driveway materials. Cyndy. Davis made the motion to Deny Variance Request and gave Cody Paxman six (6) months to install concrete to meet the off-street parking and loading requirements. Alan Richins seconded the motion. Motion Failed. William Stevens made the motion to Amend the main motion from six (6) months to three (3) months. Cyndy Davis seconded the motion. Motion passed 4-0 Cyndy. Davis made the motion to Deny the Variance Request and gave Cody Paxman three (3) months to conform with the city code. William Stevens seconded the motion. Motion passed 4-0 ADJOURN Adjourned. At 6:32 p.m. Karen Souther, Mayor ATTEST: Detra Gaines, City Secretary E BOARD OF ADJUSTMENTS MEETING April 17, 2025 TYO 6:00 PM GUNGERI EST. 1901 AGENDA ITEM #2 Discuss, consider, and take any action necessary on a Variance Request to the City's Zoning Ordnance Chapter 14A, Article 7 Compliance with Zoning Regulations, 8.2 Permitted Uses, for a +/-6.994 acre tract ofland situated in the Douglas Henry Survey, Abstract No. G-0366, and HRSA Abstract No. G-0366, located at 1088 Bounds Road to allow a manufactured home in Agriculture District. (Trevor Haire) PRESENTED BY: Eric Wilhite, AICP, PLA Director of Planning and Development AGENDA ITEM SUMMARY/BACKGROUND: The applicant is requesting consideration on the use of a HUD-Code manufactured home (mobile) home on the property that is currently zoned AG- Agricultural District. Permitted Uses of a residential dwelling is single-family dwellings or building lots of two (2) acres or more in areas where said dwellings can be adequately served by city/SUD utilities or septic tanks located on the building lot. The applicant claims to have contacted the City and been told that placing a manufactured home on the subject property was permitted. In discussions with staff, and having taken a call inquiring, it was understood the information provided was that if the property was located within the city limits the manufactured home dwelling unit was not permitted, but it the property were located in the city EJT or county the city had not regulatory control. The manufactured home was placed on the property and the owner of the manufactured home and the property owner were noticed of the code violation. They were informed that staff could not provide relief and a zoning board of adjustment variance to allow the manufactured home to stay in this location would be required. Since no site plan or survey was provided what setbacks from property lines are is not known. Also if a driveway is done by code it is required to be concrete. Section 34 Nonconforming Uses and Structures Uses in Existence at Time of Adoption of Ordinance. A nonconforming status shall exist when a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the Zoning Ordinance. Any similar type structures to a mobile home that are currently located on subject property are considered nonconforming. Any existing on property does not grant ability to located more on property under current zoning code. It does not appear the property in which the manufactured home is located has been plated. By code, no building permit shall be issued for a lot or building site unless the lot or site has been officially recorded by a final plat approved by the City and all public improvements as required by the Council have been completed. The manufactured home would need sanitary sewer and water. It is assumed a building permit for OSSF septic system would be required to serve site. Building permits may be issued for nonresidential and multifamily development provided that a final plat is approved by the City and construction plans have been released by the City Engineer. Building construction will not be allowed to surpass the construction of fire protection improvements. A - Agricultural District: This district provides for the continuance of farming, ranching, and gardening activities on land being utilized for these purposes. When land in an Agricultural District is needed for urban purposes, it is anticipated the zoning will be changed to the appropriate zoning district(s) to provide for orderly growth and development in accordance with the Comprehensive Plan. See Section 8 for A Agricultural District regulations. MH-1 - Manufactured Home District: The MH-1 district provides an area for the placement of HUD-Code manufactured home and modular home units in subdivisions in which most lots and housing units are owner- occupied. Densities in this district will be comparable to that of the SF-2 District. Manufactured Housing, HUD-Code: A structure, constructed on or after June 15, 1976, according to the rules ofthe United States Department of Housing and Urban Development, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or: more in length, or, when erected on-site, is three hundred twenty (320) or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. All references in this ordinance to manufactured housing or manufactured home(s) shall be references to HUD-Code Manufactured Housing, unless otherwise specified. Chapter 36 Zoning Board of Adjustment Sections that apply to this case: 36.2.1. Appeals Based on Error: The Board shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by an administrative official of the city of the enforcement of this ordinance. 36.4 Variances. The Board shall have the power to authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in unnecessary hardship and SO that the spirit of this ordinance shall be observed and substantial justice done. 36.4.2. Authorize, upon appeal, whenever a property owner can show that a strict application of the terms of this ordinance relating to the construction or alteration of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variances from the strict application ofthe terms ofthis ordinance as are in harmony with its own general purpose and intent, but only when the Board is satisfied that granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty SO great as to warrant a variance from the Comprehensive Plan as established by this ordinance and at the same time, the surrounding property will be properly protected. ATTACHMENTS: Variance Request VARIANCE APPLICATION CITY OF Gunter. 903-433-5058 CITY OF GUNTER Date: Sbifanzs Applicant Name: Tiov Lig Lhhie 21 Address: 1305 Culliags Phone: 94e) 5689918 Address of Variance Request: 1088 Boerdlk Benta Legal Daimo-D3 Druelas ppARSAEORAKEES u. 9914, ADDL VAL ON ) ACCT Reasoning why a literal enforcement of the ordinance would result in unnecessary hardship. 1. List special condition and circumstances that exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district. The hardship is unique, oppressive, not common to other property. Zelndianalky Luy endlr hig Cypoton Hwasheir OSLE lathem Mise MR hepelake hme ouie Tsin landto assist Hom. 2. Explain why a literal interpretation of the provision of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Zoning Ordinance. Mit Srily -2 a Trevoi Hhie omfhagunfithey d. beyhrins; folal byy he fie Hetitwra 2 Omess - 2 - MOLE his Lnue 07 a p rty - batlhere aie 1 M ab Komes - 71 3. Explain how the special conditions and Circumstances do not result from the actions of the applicant. ehectonerefany mrbile lme ont Ma. Laperbn's aupeity, dlifso wilh pormissinn 87 He litofan dei S aice and M 1M. Lepatfir 4. Explain how granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Ordinance to other lands, structures or buildings in the same district. There are-hve mohb lones aometil skgpiy Lathineis anl one farge siyeskk Dveryresory fe beleve a Fanki yoemntin - Pirem MR Wad CEM a 5./Explain how a literal enforcement of the Zoning Ordinance results in unnecessary hardship and how the hardship is unique, oppressive, not common to other property, not merely financial, not against the public interest and not self- imposed. Tke Lnnissery hak - ptngik, Decsase my mat bik hme is mry bph dibanh 4 a irfrmef efti Er t movot potonure in. yhEGpf lerc Evenytitekoi booriry u - lan sith mept 2-3ypaig ML whbitime Murill lepesthane aa well. Date Received: 3-31-205 mBetkany Valghn Variance Request Fee $200.00 Uia Check State ofTexas County of Gcaysan BEFORE ME, a Notary Public, on this day personally appeared -Weuar Devc the undersigned applicant, who, under oath, stated the following: "I hereby certify that I am the owner, or duly authorized agent of the owner, for the purposes of this application; and that all infprmation submitted herein is true and correct." M VVw NL Owner, Applicant or Representative SUBSCRIBED AND SWORN TO before me, this the 31 day of Marci 2025 1 1 Notary Public in & for the State ofTexas Commission expires: 7-01-7028 Jaimie Tesdahl My Commlssion Expires 7/1/2028 Notary ID130948849 à 950050 202225 031030 Ge REED 20478 - 6 209629 214838 221956 220938 209530 220578 454635 220A57 - 220057 0 € Grayson County Development Services WebApp la 30010 EGA 4 CEU 131730 ROE4OD 9 20100 SOIKES 205620 290002 KDS 209950 030 3 304555 20956 220050 .329A po aID oaIu 229070 2099 0X035 s103 29303 TCE orong 73 Fo0y1 65703 457599 G222 22135 05 2003 748. - EQ0ED3 36 61 00029 BU 85000 220937 21193 ADSD E2017 S1E7 29735 059 23017 ESOEEN 993303 93099 0es0 pE 294 993391 918) 131701 73 091390 200097 891603 3003 EKCe GP 0900 49109 43 500ft 069501 0E9029 99690 29303 GraysonWeb - Parcels Road Centerlines City Limits BELLS COLLINSVILLE DENISON DORCHESIER GUNTER HOWE KNOLLW/OOD PILOTPOINT POTTSBORO SADLER SHERMAN SOUTIHMAMD TIOGA TOMBEAN VANALSIMNE WHITESBORO WHITEWRIGHIT ETJ BELLS GOLLINSVILLE DENISON DORCHESTER GUNTER HOWE PILOTPOINT POTTSBORO SADLER SHERMAN SOUTIHMAMD TIOGA TOMBEAN VANALSTMNE WFITESBORO WHITEWRIGHT