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Zoning Board of Adjustment and Appeals

May 15, 2024 ·5:30 PM Final

City Council Chambers

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Agenda — 26 items

  1. 1 MINUTES ZONING BOARD OF ADJUSTMENT AND APPEALS MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 Wednesday, May 15, 2024 – 5:30 p.m.
  2. 1. CALL TO ORDER – 5:30 PM
  3. 2 Members Present: Jon Paul Bergman - Chair, Justin McKenzie - Vice Chair, Richard McCormick - Secretary, Daniel Wood - Regular Member, Josh Surley - Alternate Member Staff Present: Michael Mann, Andrea Snouffer, Francesca Linder, Nathan Crane, & Ryan Lewis
  4. 2. CONFLICT OF INTEREST DECLARATION
  5. 3. DESIGNATE VOTING MEMBERS
  6. 4 Meeting was called to order at 5:30 pm.
  7. 4. APPROVE MINUTES OF NOVEMBER 15, 2023.
  8. 5. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the Zoning Board of Adjustment & Appeals on any issue, in compliance with local Government Code Section 551.007. The Zoning Board of Adjustment & Appeals may not discuss any presented issue, nor may any action be taken on any issue at this time. (Attorney General Opinion - JC-0169).
  9. 6 There were none.
  10. 6. PUBLIC HEARINGS:
  11. 8 All members present voted.
  12. 10 Vice Chair McKenzie motioned to approve the minutes, Member Wood seconded this motion. All were in favor.
  13. 7. ITEMS FOR DISCUSSION/ACTION
  14. 14 This variance request was withdrawn by the applicant.
  15. 8. ADJOURNMENT
  16. 16 _______________________________ Chair
  17. 16 Francesca (Franci) Linder from Planning introduced herself and explained the variance request for St. Helena's Episcopal Church. She gave some background information about the property, to include Zoning and acreage, and reviewed their existing site plan. She explained their proposal to add a bridge connector in the area in between the existing historical sanctuary and multi-purpose building. She explained that the historical sanctuary does not have ADA restrooms on the main floor and does not have an elevator to the lower floor. The bridge connector would provide improved ADA access between these two buildings and ADA restrooms. Franci then went over the existing and proposed elevations and site plans. Next, she reviewed nearby building footprints to include City Hall, Public Library, and Boerne Middle School North. Lastly, she went over the criteria for granting a variance. Chair Bergman asked about the other buildings that are in the area and that they have no maximum footprint. Is it because it is zoned historical? Franci said, no. City and civic don't have the limitations. Member Surley asked why it was zoned C2. Franci said this property is at the edge of the zoning between C1 & C2. Member Surley also asked about the decision that led to a variance versus rezoning. Why aren't they trying to rezone. Franci said it's not adjacent to C3 where there is similar zoning. Member Wood asked about the max building footprint of 12,000 square feet and if it was due to the lot size. Franci said it is not due to the lot size, it is per structure. Tom Caulder representing the Church said they have accumulated more property and the zoning made sense back then. They are looking to acquire more property. He said they have a 100 year old sanctuary that they don't want to modify but they don't have the modern conveniences.
  18. 17 CERTIFICATION I hereby certify that the above notice of meeting was posted on the 10th day of May, 2024 by 5 p.m.
  19. 18 _______________________________ Secretary
  20. 18 Franci explained the variance to allow for a 7.5 foot fence and gave some background about the property. She reviewed photos of the property and explained they started building the fence without a permit. She also explained there is a slight elevation change from the road to the property. She reviewed the UDC Section 4-4.B and the four exemptions that must be met to allow for a fence to exceed 6-feet in height. She said the elevation change is less than four feet. Lastly, she reviewed the five criteria for granting a variance. She also added that there doesn't appear to be an unnecessary hardship. Chair Bergman asked about the elevation and where it is measured. Franci said it is to the footprint of the building not the fence. Member Surley asked if W. San Antonio is a collector road. Franci said she didn't believe so. Jalisa Murray, property owner, said main square is one-tenth of a mile from her house. She said events bring in a lot of people and last year Dickens on Main brought 30,000 people to Boerne in one weekend. The City did widen W. San Antonio and added a sidewalk. She said a majority of people park down the side streets and Boerne is growing and the events keep coming. She likes the events but people look over her fence. She said they walk through her front yard and she picks up trash after them. Her mailbox has been damaged. She said these are things that us residents in this area tolerate. She spends a lot of time in her backyard and this variance would be for the Brackenridge side only. Chair Bergman asked about the vacant lot where many would park. Jalisa said there are businesses and apartments in that lot and it has taken up a lot of the parking in that area. Vice Chair McKenzie asked for confirmation that the variance is only for the Brackenridge side. Member Surley confirmed that it is the Brackenridge side only and Jalisa confirmed this also. Member Surley asked if the intent is to continue the fence to the corner. She said, yes. She had been busy and halted the work. She has many grandkids that spend almost every weekend at her home in the backyard. She doesn't feel comfortable in her backyard when someone looks over her fence when she is there alone or with her grandkids. She feels it will get worse as Boerne grows. Member Surley asked about the current fence ordinance to allow her to take a 6 foot fence from front to back. Franci said, no, the front yard allows only a 4 foot max fence.
  21. 19 NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS The City Hall Complex is wheelchair accessible. Access to the building and special parking is available at the front entrance of the building. Requests for special services must be received forty-eight (48) hours prior to the meeting time by calling Andrea Snouffer at 830-248-1538.
  22. 20 Pursuant to Section 30.06 Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to section 30.07 Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.
  23. 21 This variance request was withdrawn by the applicant.
  24. 23 Member Wood sees no issue with variance 24-03 and making the addition ADA compliant. Member Wood motioned to approve the variance, Vice Chair McKenzie seconded the motion. All were in favor.
  25. 25 For variance 24-04 Chair Bergman said he understands the traffic increase. He feels safety should be first. Secretary McCormick mentioned if the 6-foot fence could be re-built to where people couldn't look through it. Chair Bergman said people are looking over it. Vice Chair McKenzie said you can argue the elevation difference, but many of the neighbors are in support. Secretary McCormick said the whole area gets parked in for events. Member Surley said most properties that have potential security issues are cars parked in front and a six foot fence is not an option. But, in this case you have a few houses on corner lots where the backyard is potentially exposed to parking. Chair Bergman said he was in favor of this variance and Member Wood seconded this motion. All were in favor.
  26. 27 Meeting was adjourned at 6:12 pm. ▶ jump to 41:43