HomeMy WebLinkAboutBOApkt2022-09-14
MINUTES
BOARD OF ADJUSTMENT
September 29, 2021
The Board of Adjustment of the City of Anna met September 29, 2021, at 6:30 p.m. at the Anna
City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the
following items.
1. Call to Order, Roll Call and Establishment of Quorum.
The meeting was called to order at 6:54 p.m. by Chairman Jon Hendricks.
Members present:
Place 1 – Jon Hendricks – Chairman, Place 1A – Choya Morrison (Alternate), Place 2 – Kelly
Patterson, Place 4 – David Nylec
Staff present:
Mr. Nader Jeri, Building Official
Mr. Bret Wilkinson, Plans Examiner
Property Owners present:
Mr. Ted Hoyt and Mrs. Kim Hoyt
2. Invocation and Pledge of Allegiance
Ms. Kelly Patterson gave the invocation. All who were present gave the Pledge of Allegiance.
3. Neighbor Comments
Chairman Jon Hendricks asked if there were any neighbor comments. Neighbors Greg Kelley,
Kylee Kelly, Billy Hendrix, and Anthony Smith stated they were in attendance to support their
neighbors and supported the passing of the variance.
4. Conduct Public to consider a variance request at 3003 Crossing Drive (Urban Crossing, Block
A, Lot 23R) for a variance of 14’ of encroachment to a Gue st House within the required yard space
rear setback of 25’.
Chairman Jon Hendricks opened public hearing at 6:59 p.m. Mr. Hendricks read the reason for
Board meeting.
Mr. Nader Jeri , Building Official, provided a brief description and timeline for the b uilding of the
structure. In December 2020, t he Building Department received the submission of a permit and
plot plans for an accessory building (guest house) structure 25 feet from the main residence. The
permit application and plans provided were accepte d by the City of Anna. Construction started in
January 2021 but were not able to build at the location due to the buried septic system. The
accessory building was moved further back, without notice to the city, causing an encroachment
of the rear setback.
Mr. Ted Hoyt, Property Owner, provided a brief description and timeline for the building of the
structure. During the start of construction of the accessory building, the location of the buried
septic system, as well as the slope of the rear yard, were th e contributing factors to move the
construction of the structure further back. Mr. Hoyt contacted the septic company about moving
the system, which was advised they could not do. Mr. Hoyt had the architect re -draw the plans to
move the building in guidance with the HOA setbacks, unaware of the City of Anna’s rear yard
setback.
The Board Members held a discussion and requested additional information from the Property
Owner and Building Official regarding the following:
1) Why not move the accessory building north in the rear yard towards Urban Way?
2) What are the future plans of County Road 368?
3) How are the property setbacks determined?
Mr. Ted Hoyt explained that the north of the rear yard had a large slope so the only semi -flat area
where the accessory building could be built is at its current location. As well, due to a large tree
in the rear yard, he also had to ask his HOA for a variance for the accessory building’s location
near the tree.
Mr. Nader Jeri explained that County Road 368 will be expanded in the future but did not currently
have the information on the expansion. He also explained that the setbacks are not determined by
the size of the lot, but the developer when they submit the plat for that particular lot.
Consider and act on variance request regarding 3003 Crossing Drive (Urban Crossing, Block A,
Lot 23R) pertaining to 14’ of encroachment to a Guest House within the required yard space rear
setback of 25’.
Mr. Jon Hendricks stated that it would not be a good option to oppose the variance as it would
have the Property Owners tear down the structure and rebuild it elsewhere.
Board Actions:
A motion was made by Ms. Kelly Patterson to grant a variance and seconded by Mr. David Nylec.
Vote on Motion/Roll Call
Ayes:
Place 1 – Jon Hendricks – Chairman, Place 1A – Choya Morrison (Alternate), Place 2 – Kelly
Patterson, Place 4 – David Nylec
Nays:
None
Motion passed by a vote of 4 Ayes and 0 Nays.
5. Adjourn
A motion was made by Mr. Jon Hendricks to adjourn the meeting. The vote was unanimous. The
Board of Adjustment meeting was adjourned at 7:19 p.m.
Jon Hendricks
Board of Adjustment Chairman
Attest:
Nader Jeri
Building Official
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H:\Notification Maps\Notification Maps\
BOA – 205 Hardwood Trail
CITY OF ANNA
Board of Adjustment
September 14, 2022
Variance: 205 Hardwood Trail
AGENDA ITEM:
Consider/Discuss/Action on the 205 Hardwood Trail, Variance.
REMARKS:
Within the Zoning Ordinance under Subsection (e) (Variances) of Section 9.04.042
(Board of Adjustment) it states that board of adjustment shall have the power to authorize
upon appeal in specific cases such variance from the terms of this article as will not be
contrary to the public interest where, owing to special conditions, a literal enforcement of
the provisions of this article will result in unnecessary hardship and so that the spirit of
this article shall be observed and substantial justice done, including the following:
(1) Permit a variance in the yard requirements of any district where there are
unusual and practical difficulties or unnecessary hardships in the carrying
out of the provisions due to an irregular shape of the lot or topographical
or other conditions, provided such variance will not seriously affect any
adjoining property or the general welfare.
SUMMARY:
Development Services was recently contacted by future neighbors Peter & Tracy
Jagersky who are currently having a home constructed at 205 Hardwood Trial within the
Villages of Hurricane Creek. This particular property is considered a “Key Lot” which is a
type of lot that shall have a front building line on both streets and whose rear yard is
adjacent to the neighboring side yard which limits the location/height of fencing (see
Exhibit A).
EXHIBIT A
On all corner lots in residential districts where the rear lot line is opposed to a
side lot line of an adjoining lot, no fence exceeding 30 inches in height shall be
constructed between the side of the building line and the side yard line which is
next to the street, as indicated in Exhibit A.
Most other corner lots in the Villages of Hurricane Creek have rear yards backing
toward each other which allows a taller fencing to be installed along the property
boundary, outside of the front building setback (see Exhibit B).
EXHIBIT B
On all corner lots in residential districts which have opposing rear lot lines, fences
may be constructed not to exceed 80 inches in height along the side and rear
yard lines, as indicated in Exhibit B below
During a scheduled inspection the Building Official noticed that the recently installed back
yard fence posts were set along the property boundary and brought this violation to the
attention of the home builder, First Texas Homes. The builder indicated that they had an
approved fence permit (Exhibit 1) dated July 22, 2022, which showed the fence in the
location it had been installed. The city informed First Texas Home that city staff does not
have the authority to modify zoning regulations. The approval was incorrect, and the
fence posts would need to be relocated accordingly or a variance application would need
to be submitted and approved to keep the post along the property boundary.
The Jagersky’s submitted a letter (Exhibit 2) on August 18, 2022, that included some
background information and pictures of the property, fence line, and surrounding area
along with justification that a variance would not be contrary to the public interest and
literal enforcement of the ordinance would result in unnecessary hardship. Additionally,
if granted the variance it would not seriously affect the adjoining property or the general
welfare.
RECOMMENDATION:
City staff has reviewed the variance request and determined that there would be neither
an affect on any adjoining property or the general welfare. The location of the proposed
side yard fence along Lakeshore Drive, as shown on the Fence Permit Application, will
not hamper the line of sight of vehicular traffic due to:
a) The location of the rear/side yard fence of 205 Harwood Trail will be 90±
feet from the intersection of Hardwood Trail and Lakshore Drive; and
b) The driveway location for the adjacent home along the rear property
boundary (3025 Lakeshore Drive) will be installed on the opposite side of
the lot that there would be neither affect either the general welfare of the
adjoining property.