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09.19.22 - BOA AgendaPage 1 of 2 ] Notice Regarding Public Participation Welcome to the Prosper Board of Adjustment/Construction Board of Appeals meeting. Individuals may attend the meeting in person, or access the meeting via videoconference, or telephone conference call. To access the videoconference online, follow these instructions: Join the Zoom Meeting by clicking on the following link: https://us02web.zoom.us/j/86941680952 Enter Meeting ID: 869 4168 0952 To request to speak, click on “Participants” at the bottom of the screen, and click “Raise Hand.” The meeting moderator will acknowledge your request and allow you to speak. To join the meeting by phone, dial any one of the following numbers: +1 346 248 7799 Enter Meeting ID: 869 4168 0952 To request to speak, enter *9. The meeting moderator will acknowledge your request and allow you to speak. Addressing the Board of Adjustment/Construction Board of Appeals: • Those wishing to address the Board must complete the Public Comment Request Form located on the Town website or in Council Chambers. • If you are attending in person, please submit this form to the Board Chair or a staff member prior to the meeting. When called upon, please come to the podium and state your name and address for the record. • If you are attending online/virtually, please submit this form prior to 5:00 p.m. on the day of the meeting. Please ensure your full name appears on the screen and you are unmuted so the meeting moderator can recognize you and allow you to speak. The Chat feature is not monitored during the meeting. The Town assumes no responsibility for technical issues that are beyond our control. If you encounter any problems joining or participating in the meeting, please call our help line at 972-569-1191 for assistance. Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Board for items listed as public hearings will be recognized when the public hearing is opened. For individuals wishing to speak on a non-public hearing item, they may address the Board when the item is considered by the Board. 1. Call to Order / Roll Call AGENDA Meeting of the Prosper Board of Adjustment/ Construction Board of Appeals Prosper Town Hall Council Chambers 250 W. First Street, Prosper, Texas September 19, 2022, 6:00 p.m. Prosper is a place where everyone matters. Page 2 of 2 2. Consider and act upon minutes from the March 14, 2022 Regular Board of Adjustment/Construction Board of Appeals meeting and Joint Meeting of the Prosper Board of Adjustment/Construction Board of Appeals and the Prosper Planning & Zoning Commission. 3. Conduct a Public Hearing, and consider and act upon a request for a Variance to the Zoning Ordinance, to allow a structure in excess of 160 square feet to encroach upon the required 10’ separation from the rear wall line of the house, located in the Collin Green subdivision, at 114 Collin Court. (V22-0002). 4. Adjourn. Note: The order in which items are heard on the agenda is subject to change. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, September 15, 2022, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Board of Adjustment/Construction Board of Appeals. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Hall is wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-1011 at least 48 hours prior to the meeting time. Page 1 of 3 To: Board of Adjustment From: Brady Cudd, Building Official Re: Board of Adjustment Meeting – September 19, 2022 Agenda Item: Conduct a Public Hearing, and consider and act upon a request for a Variance to the Zoning Ordinance, to allow a structure in excess of 160 square feet to encroach upon the required 10’ separation from the rear wall line of the house, located in the Collin Green subdivision, at 114 Collin Court. (V22-0002). Description of Agenda Item: The Town has received a request of the Board of Adjustment (BOA) to consider a request for a Variance to allow a structure in excess of 160 square feet to encroach upon the required 10’ separation from the rear wall line of the house, located in the Collin Green subdivision, at 114 Collin Court. Item F of Section 7.6 of Chapter 4 of the Zoning Ordinance requires that accessory buildings in excess of 160 square feet shall be located behind the primary structure at a point no closer than ten feet from the rear wall line of the primary structure. Due to the unique characteristics of the lot, the applicant feels this results in an undue hardship and is requesting a variance in order to expand the existing double-car garage such that a portion of it will be located closer than 10 feet from the rear wall line of the primary structure, but still over 10 feet from the primary structure. The applicant initially applied for a permit for the proposed expansion on 6/8/22. Plans were not reviewed until 6/23/22, at which time comments were sent informing the applicant that the expansion of the existing double-car garage would result in a violation of the Zoning Ordinance, and thus, could not be permitted. During subsequent conversations, it was explained to the applicant that a permit could not be issued that resulted in a violation of the Zoning Ordinance and that application for a variance was his only recourse. According to the Zoning Ordinance, the Board of Adjustment may consider, in specific cases, a variance of height, yard, area, exterior structure, lot coverage, off-street parking and loading requirements from the terms of the Zoning Ordinance, if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the Ordinance would result in unnecessary hardship, and so that the spirit of the Ordinance is observed and substantial justice is done. A variance shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss, nor shall it permit any person a privilege in developing a parcel of land not permitted by Ordinance to other parcels of land in the Town or the district. No variance may be granted if it results in an unnecessary hardship, as herein defined, on another parcel of land. Prosper is a place where everyone matters. DEVELOPMENT SERVICES Page 2 of 3 In order to make a finding of hardship and to grant a variance, the Board of Adjustment must determine that the following four (4) criteria have been met: 1. The requested variance does not violate the intent of the Zoning Ordinance or its amendments; and 2. Special conditions of restricted area, shape, topography, or physical features exist that are peculiar to the subject parcel of land and are not applicable to other parcels of land in the same zoning district; and 3. The hardship is in no way the result of the applicant’s own actions; and 4. The interpretation of the provisions in the Zoning Ordinance or its amendments would deprive the applicant of rights commonly enjoyed by other properties, in the same zoning district, that comply with the same provisions. The applicant has provided a letter with responses to each of these criteria which has been included with this packet of information. The concurring vote of four (4) members of the Board of Adjustment is necessary to authorize a variation from the terms of the Zoning Ordinance. Legal Obligations and Review: Notification of the Variance was provided in accordance with the Zoning Ordinance. To date, staff has not received any responses to the request. Attached Documents: 1. Location Map 2. Site Plan 3. Letter of Intent 4. Façade Plan Staff Recommendation: Staff recommends the Board of Adjustment approve the request for a Variance to the Zoning Ordinance, to allow a structure in excess of 160 square feet to encroach upon the required 10’ separation from the rear wall line of the house, located in the Collin Green subdivision, at 114 Collin Court.