HomeMy WebLinkAbout05/06/2025 - Regular Minutes - Zoning Board of AdjustmentsMay 6, 2025 Zoning Board of Adjustments Minutes Page 1 of 4
Minutes Zoning Board of Adjustments
Regular Meeting May 6, 2025
MEMBERS PRESENT: Chairperson Bill Lartigue, Board Members Jaymeson Hacker, Justin Collins, James Hutchins, and Michael Martinez CITY STAFF PRESENT: Director of Planning & Development Services Anthony Armstrong,
Assistant Director of Planning and Development Services Molly Hitchcock, Assistant City
Attorney David Purnell, Land Development Review Administrator Robin Macias, Staff Planners Gabriel Schrum and Garrett Segraves, Technology Service Specialist Trey Bransom, and Administrative Support Specialist Kristen Hejny 1. Call meeting to order.
Chairperson Lartigue called the meeting to order at 6:00 p.m. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes:
• April 1 2025 Board Member Collins moved to approve the meeting minutes from April 1, 2025,
Board Member Martinez seconded the motion, the motion passed 5-0.
2.2. Public Hearing, presentation, discussion, and possible action regarding a contextual front
setback variance to the Unified Development Ordinance Section 5.2.A.c ‘Dimensional
Standards for Non-Clustered and Clustered Developments’, for property located at Carter's
Grove Ph 1, Block 2, Lot 13 (90' of), generally located at 1104 Berkeley Street. The subject
property is zoned GS General Suburban. Case #AWV2025-000014
Staff Planner Schrum presented the item to the Board and stated that the applicant is requesting a 15.1 feet reduction to the minimum contextual front setback.
Staff recommended denial of the request due to the fact that it does not meet all of the criteria necessary for granting a variance. Brad Lintz, Applicant, Lintz Construction, was available to present and answer
questions from the Board, requesting a conditional variance with modifications.
Board Member Martinez asked if the Board can approve the variance request with conditions.
Director Armstrong confirmed that the Board can approve the variance request with
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conditions.
Board Member Martinez asked why staff did not communicate efficiently on the building
permit and development permit.
Planner Schrum clarified that most single-family permits do not require a development permit. The building permit and development permit reviews were performed at different times, and staff do not review the site layout with the development permit.
Director Armstrong further explained that this is an abnormal process for a single-family
home.
Board Member Hutchins asked when staff was notified of the discrepancy.
Director Armstrong clarified that the discrepancy was brought to the City’s attention a few months prior to this meeting.
Board Member Collins asked if parking was moved to the front of the lot, would the
development be permissible as is.
Planner Schrum stated that changes in the parking allowance would depend on bedroom counts and impervious cover requirements, clarifying that the main issue is the contextual setback of the structure.
Mr. Lintz clarified that there is a limit of 50% concrete in the front of the house and does
not know if parking in the front would be allowed.
Board Member Hacker asked why the approved building plan was changed.
Mr. Lintz explained that they received the approved building plans and were then told that a development permit was required. The building permit was put on hold until the development permit was approved.
Board Member Martinez asked the applicant for their list of conditional modifications.
Mr. Lintz suggested that the house be painted a darker color to be less visible, and the use of wax myrtles and crepe myrtles would be used to provide buffering.
Board Member Collins asked if the grading of the lot imposes special conditions.
Director Armstrong explained that a development permit was required for a drainage
channel.
Chairperson Lartigue opened the public hearing.
Nan Crouse, College Hills Woodlands, spoke in opposition to the variance citing concerns for neighborhood integrity.
Fred Dupriest, College Park, spoke in opposition to the variance citing concerns for
May 6, 2025 Zoning Board of Adjustments Minutes Page 3 of 4
economic advantage.
Leslie Smith, Carter’s Grove, spoke in opposition to the variance citing concerns for
environmental impact, noise, and construction demolition.
Andrew Fawcett, College Hills Woodlands, spoke in opposition to the variance citing concerns for builder knowledge.
Arianna Potter, Carter’s Grove, spoke in opposition to the variance citing concerns for neighborhood integrity, changing setbacks for new builds, on-street parking, and
emergency vehicle access.
Chairperson Lartigue closed the public hearing.
Board Member Hutchins moved to deny the variance as it will not be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary
hardship to the applicant. Board Member Martinez seconded the motion, the motion passed 5-0.
2.3 Public Hearing, presentation, discussion, and possible action regarding a side setback variance to the Unified Development Ordinance Section 5.2.A ‘Dimensional Standards for Non-Clustered and Clustered Developments’, for property located at Mission Ranch Ph
203A, Block 14, Lot 24, generally located at 3545 Anderson Arbor Court. The subject
property is zoned RS Restricted Suburban. Case #AWV2025-000018 Staff Planner Segraves presented the item to the Board and stated that the applicant is requesting a 2.3-foot reduction to the minimum 7.5-foot side setback as set forth in Section
5.2.A. ‘Dimensional Standards for Non-Clustered and Clustered Developments’.
Staff recommended approval of the request due to the fact that it meets the specified criteria. Specifically:
1. There is an extraordinary condition of the land.
2. A literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship. 3. The granting of the relief would result in substantial justice being done. 4. The granting of the relief would not be contrary to the public interest.
5. The granting of the relief would be in accordance with the spirit of the
regulation. Eric Walley, Applicant, Reese Homes, was available to address and answer questions from the Board.
Board Member Collins asked if the builder has built homes with similar floor plans. Mr. Walley confirmed that several homes have been built with a similar floor plan.
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Chairperson Lartigue opened the public hearing.
No visitors spoke.
Chairperson Lartigue closed the public hearing.
Board Member Hacker moved to approve the item as it meets all criteria with the special condition being the easement on a side setback, Board Member Collins seconded the motion, the motion passed 5-0.
3.Discussion and possible action on future agenda items - A member may inquire about a
subject for which notice has not been given. A statement of specific factual information orthe recitation of existing policy may be given. Any deliberation shall be limited to aproposal to place the subject on an agenda for a subsequent meeting.
There was no discussion on future agenda items.
4.Adjourn.
The meeting adjourned at 6:51 p.m.
Approved: Attest:
______________________________ ________________________________ Bill Lartigue, Chairperson Kristen Hejny, Board Secretary