[5A. Conduct a public hearing and make a recommendation to City Council on a request by Humberto Castillo, on behalf of property owners Jose and Yenny Amaya, regarding a Special Use Permit to allow for an accessory structure exceeding 500 square-feet on property zoned Single-Family Residential (SF-40) District. The approximately 9.21-acre site is located at 4701 Dexham Road, being Lot 1, Block A of the Dexham Creek Ranch Estates Addition, in the City of Rowlett, Dallas County, Texas.]

FOR INDIVIDUAL CONSIDERATION. WE CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION TO THE CITY COUNCIL ON A REQUEST BY HUMBERTO CASTILLO ON BEHALF OF PROPERTY OWNERS REGARDING A SPECIAL USE PERMIT TO ALLOW FOR AN ACCESSORY STRUCTURE EXCEEDING 500 SQUARE FEET ON A PROPERTY ZONED SINGLE FAMILY RESIDENTIAL APPROXIMATELY 9.21 ACRE SITE IS LOCATED AT 4701 DEXHAM ROAD, DEXHAM RANCH STREETS ADDITION IN ROWLETT, DALLAS COUNTY, TEXAS. AND WE HAVE

CONNER, ARE YOU PRESENTING? >> YES, SIR, THANK YOU.

THANK YOU, COMMISSIONERS, FOR JOINING US THIS EVENING. GO TO THE NEXT SLIDE, PLEASE.

HERE THIS EVENING TO DISCUSS A SPECIAL USE PERMIT REQUEST TO CONSTRUCT AN APPROXIMATELY 2,100 SQUARE FOOT ACCESSORY STRUCTURE, ACCESSORY BUILDING, FOR A RESIDENCY.

THE STRUCTURE WILL BE MASONRY IN CONSTRUCTION AND IT WILL CONSIST OF AN ENCLOSED GARAGE PORTION, AS WELL AS AN OPEN AIR CARPORT, COVERED CARPORT SECTION.

SECTION 77303C3 OF THE RDC, IS SEP IS REQUIRED FOR AN ENCLOSED STRUCTURE IN EXCESS OF 500 SQUARE FEET.

SOME SITE DATA FOR YOU. THIS IS AN IRREGULARLY SHAPED PARCEL. YOU CAN SEE IT HIGHLIGHTED IN RED THERE. IT'S APPROXIMATELY 9.23 ACRES WITH ABOUT 270 FEET OF FRONTAGE ALONG DEXHAM ROAD TO THE EAST, WHICH WE CALL THE FRONT OF THE PROPERTY. THERE IS AN APPROXIMATELY 3500 SQUARE FOOT HOME BEING DEVELOPED CURRENTLY ON THIS SITE. IF APPROVED THIS ACCESSORY STRUCTURE WOULD SERVE AS A DETATCHED GARAGE AND CARPORT FOR THAT. THERE IS APPROXIMATELY 2.15 ACRES OF FLOOD PLAIN ON SITE.

YOU CAN SEE THAT IN GREEN AND PINK ON THE MAP.

YOU'LL NOTICE THAT WE ARE WELL WITHIN THE BOUNDS OF THAT. WE ARE NOT WITHIN THAT STRUCTURE.

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THERE ARE NO TREES THAT COULD BE REMOVED TO ACCOMMODATE THE STRUCTURE EITHER. AS USUAL WITH SUP'S, WE TURN TO THAT CODE SECTION 77303 OF THE RDC FOR THE INDIVIDUAL REQUIREMENTS FOR ACCESSORY STRUCTURES. THE PERTINENT ONESPHERE ARE LISN THE SCREEN.

THE SIZE OF ACCESSORY STRUCTURES IS RESTRICTED BY THE LESSER OF EITHER THE ZONING DISTRICT PLOT COVERAGE OR 35% OF THE REAR YARD.

NUMBER TWO THERE IS THAT ACCESSORY STRUCTURES SHALL NOT EXCEED THE HEIGHT OF THE LESSER OF THE PRIMARY STRUCTURE OR THE HEIGHT OF THE ZONING DISTRICT. AND WHEN AN ACCESSORY STRUCTURE IS LOCATED IN THE REAR YARD, AS THIS ONE IS, A MINIMUM THREE FOOT SET BACK FOR THE SLIDING REAR IS REQUIRED. I'LL BRIEFLY GO INTO THE SPECIFICS OF THIS. NEXT SLIDE.

AGAIN, WE'RE LOOKING AT THE NUMBER AND SIZE OF ACCESSORY STRUCTURES BEING LIMITED BY THE LESSER OF THE LOT COVERAGE REQUIREMENT FOR ZONING OR 35% OF THE REAR YARD. IT'S WORTH NOTING THAT THIS IS IN THE SF40 DISTRICT. THEREFORE, WE WILL USE 35% OF THE REAR YARD FOR A LARGE PROPERTY, 35% OF THE REAR YARD TOTALS JUST NORTH OF 100,000 SQUARE FEET, 101 AND 130 THERE ON THE SCREEN.

APPROXIMATELY 2.3 ACRES. THE PROPOSED BUILDING, WITH THESE PROPOSED ACCESSORY STRUCTURES AND PAVEMENT THAT WOULD BE REQUIRED TO APPROACH THAT STRUCTURE, WE'RE LOOKING AT A COVERAGE OF APPROXIMATELY 3,800 SQUARE FEET.

SO THAT IS CLEARLY IN COMPLIANCE WITH THE 35% REAR YARD.

THAT SECOND CONSIDERATION OF HEIGHT, WE'RE LOOKING AT EITHER THE LESSER OF THE ZONING DISTRICTS, SF-40 HEIGHT OR THE HEIGHT OF THE PRIMARY STRUCTURE.

SO THE SF-40 DISTRICT ALLOWS FOR A 40-FOOT TALL STRUCTURE. THE PRIMARY RESIDENCE IS THE LESSER OF THOSE TWO, WITH A 27.5 FOOT TALL BUILDING. THE ACCESSORY STRUCTURE IS 22.4 FEET, THEREFORE IN COMPLIANCE AS WELL.

NEXT SLIDE. THAT FINAL CONSIDERATION IS SETBACKS LOCATED WITHIN THE REAR YARD, WE LOOK FOR A PRECLIP REAR SET BACK. YOU CAN SEE ON THE SCREEN THAT WE'RE LOOKING AT APPROXIMATELY 80 AND 160 FEET FOR THE SIZE THAT'S NORTH AND SOUTH RESPECTIVELY. AND UPWARDS OF 900 FEET FOR THE REAR AND JUST FOR YOUR ETIFICATION, THERE IS NO SCREENING LAW PROPOSED OR SCREENING FENCE. HOWEVER, THIS STRUCTURE, YOU'LL SEE IN THAT IMAGE, IS LOCATED COMPLETELY BEHIND THE PRIMARY STRUCTURE.

AND, THEREFORE, VISIBILITY IS LARGELY RESTRICTED FROM DEXHAM ROAD. NEXT SLIDE, PLEASE, LAURA.

SORT OF SOME COMMENTS IN SUMMATION HERE.

THE SCALE OF THE ACCESSORY BUILDING N RELATION TO THE PRIMARY RESIDENCE, AS WELL AS THE SIZE OF THE LOT, DOES NOT JEOPARDIZE THE INTENT OF THE SF-40 DISTRICT OR COMPREHENSIVE PLAN DESIGNATION WHICH IS ALSO AT STATED RESIDENTIAL. SF-40 DISTRICT IS INTENDED FOR RURAL DEVELOPMENT, WHICH DOES INCLUDE SINGLE FAMILY DEVELOPMENT, AS WELL AS ANY SORT OF CUSTOMARY OR SUPPORTING ACCESSORY STRUCTURES. THE MASONRY MATERIAL SELECTED BY THE APPLICANT, AS WELL AS THE COLOR AND USE OF THE STRUCTURE ARE INTENDED TO BE COMPATIBLE WITH THE PRIMARY HOME. THEY ARE LIGHT MATERIALS.

WE DID HAVE A FEW NOTICES THAT CAME IN THAT WERE INCLUDED IN THE PACKET IN OPPOSITION CITING CONCERNS OF THE USE. I WANTED TO PUT THIS OUT THERE, THAT ANY REQUEST TO ALTER THE USE OR RECONSTRUCT THE STRUCTURE WOULD BE REVIEWED IN COMPLIANCE IN OUR OFFICE WITH THE SF-40 ZONING DISTRICT AND THE ROWLETT CODE AS A WHOLE.

NEXT SLIDE, PLEASE, LAURA. AS OF ALL SUP'S, WE DO NOTICE WITHIN THE 200 AND 500 FOOT RADIUS, THE NOTIFICATION DATE FOR THIS ITEM WAS ON MAY 7TH.

WE SENT OUT 15, 200 FOOT NOTICES AND 24 500 FOOT NOTICES. OF THOSE, WE RECEIVED ONE IN FAVOR OF THE 200 FOOT NOTICE AREA. THAT'S THAT PURPLE RADIUS WE SEE ON THE MAP. WE RECEIVED ONE NOTICE IN OPPOSITION AND THREE IN FAVOR WITHIN THE 500-FOOT RADIUS. THAT'S THE LIGHT BLUE. WE ALSO RECEIVED TWO NOTICES IN OPPOSITION AND ONE NOTICE IN FAVOR BEYOND THAT 500 FOOT NOTICE AREA LOCATED TOWARDS THE BOTTOM OF THAT MAP. AND JUST A GENERAL SUMMATION, THE RESPONSES IN OPPOSITION DID MENTION CONCERS

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THE SIZE OF THE STRUCTURE AND USE OF THE STRUCTURE.

NEXT SLIDE, PLEASE, LAURA. FINAL STAFF'S RECOMMENDATION IS APPROVAL OF THE SUP TO ALLOW FOR DETATCHED ACCESSORY STRUCTURE APPROXIMATELY 2,100 SQUARE FEET ON THE PROPERTY THAT IS ZONED SF-40. THE PROPOSED SUP WILL NOT COMPROMISE ANY FENCE OF EITHER THE SF-40 ZONING DISTRICT OR RESIDENTIAL DESIGNATION BECAUSE IT IS COMPATIBLE WITH THE SINGLE FAMILY RESIDENTIAL LAND USE PATTERN AND THE PROPOSED SETBACK FROM DEXHAM ROAD AS WELL AS ADJACENT PROPERTY TO NORTH AND SOUTH WILL ENSURE THAT THERE'S NO NEGATIVE VISUAL IMPACT ON THE ADJACENT PROPERTY OR THE NEIGHBORHOOD. NEXT SLIDE, PLEASE, LAURA.

WITH THAT, I WILL CLOSE THAT PRESENTATION.

THE APPLICANT IS AVAILABLE FOR QUESTIONS AS WELL.

PLEASE JUST LET US KNOW. >> THANK YOU.

DOES COMMISSIONERS HAVE ANY QUESTIONS FOR STAFF?

MR. ENGEN. >> BECAUSE OF THE PUBLIC THAT'S LISTENING AND BECAUSE OF THE OPPOSITION, THE PERSON WHO IS BUILDING THIS IS THIS GOING TO BE STORAGE FOR CARS OR FOR EQUIPMENT TO MOW THE GRASS IN THAT AREA. JUST WANTED TO GET THAT MADE OUT TO THE PUBLIC SO THEY UNDERSTAND WHY THERE'S A NEED FOR

A LARGER GARAGE. >> THANK YOU. >> I CAN REFER

THAT TO MR. CASTILLO. >> THE INTENT IS JUST A TYPICAL GARAGE FOR YOUR VEHICLE STORAGE, LANDSCAPING EQUIPMENT, YEAH. BUT NO, NOTHING OTHER THAN JUST STORING YOUR VEHICLES, LAWN.

THEY HAVE SOME RECREATION VEHICLES, SUCH AS MOTORCYCLES, STUFF LIKE THAT. THAT WOULD BE THE

INTENT. >> THANK YOU, SIR. ANY OTHER QUESTIONS? OKAY. THIS IS A PUBLIC HEARING, SO I WILL NOW OPEN THE PUBLIC HEARING.

DO WE HAVE ANY COMMENTS? >> WE HAVE NO CALLERS ON THE LINE. SUSAN MIGHT HAVE RECEIVED A COMMENT REGARDING THIS ITEM.

>> MISS NIX, DO YOU HAVE ANYTHING? >> I JUST HAVE ONE

COMMENT TO READ. >> PLEASE. >> MARK AND DEBBIE SAILOR, 1918 PALOMINO DRIVE. WE LIVE ACROSS THE STREET. WE ARE IN FAVOR OF THE REQUEST IF THE STRUCTURE IS FOR STORAGE THAT WOULD NOT REASONABLY INCREASE TRAFFIC OR NOISE. WE UNDERSTAND THIS WILL STILL BE ZONED SF-40 DISTRICT.

THAT'S IT. >> THANK YOU VERY MUCH.

WITH NO FURTHER COMMENTS, I'LL CLOSE THE PUBLIC HEARING. COMMISSIONERS, DO WE HAVE A MOTION?

>> I WOULD LIKE TO RECOMMEND APPROVAL OF THIS SPECIAL

USE PERMIT. >> I SECOND. >> WE HAVE A MOTION TO APPROVE THE SPECIAL USE PERMIT.

IS THERE ANY DISCUSSION? NO DISCUSSION FROM THE COMMISSIONERS. LET'S GO AHEAD AND TAKE A VOTE FOR APPROVAL OF THE SPECIAL USE PERMIT AS PRESENTED IN ITEM 5A. ALL IN FAVOR PLEASE RAISE YOUR HAND.

UNANIMOUSLY. THANK YOU. MOVING ON ITEM 5B

[5B. Conduct a public hearing and make a recommendation to City Council on a request by Mitchell Erp, on behalf of property owner Roberto Palacios, regarding a Special Use Permit to allow an accessory structure exceeding 500 square-feet on property zoned Single-Family Residential (SF- 40) District. The approximately 1-acre site is located at 3402 Westwood Circle, being Lot 4, Block A of the Westwood Estates Addition, in the City of Rowlett, Dallas County, Texas.]

CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION ON A REQUEST BY MICHAEL ERP ON BEHALF OF PROPERTY OWNER ROBERTO PALACIOS REGARDING SPECIAL USE PERMIT TO ALLOW AN ACCESSORY STRUCTURE EXCEEDING 500 SQUARE FEET ON THE PROPERTY OF A SINGLE FAMILY RESIDENTIAL SF-40. THE ONE ACRE SITE IS LOCATED WESTWOOD CIRCLE BEING LOT 4, BLOCK A OF THE WESTWOOD SUBDIVISION IN THE CITY OF ROWLETT,

COUNTY OF DALLAS TEXAS. >> THANK YOU, COMMISSIONERS. GOOD EVENING. THANK YOU, LAURA, AS WELL. AS YOU JUST STATED, WE ARE -- SECURITY ALERT. WE ARE HERE TO LOOK AT THE APPLICANT'S REQUEST FOR A SPECIAL USE PERMIT TO CONSTRUCT AN APPROXIMATELY 1800 SQUARE FOOT

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STRUCTURE AT THE RESIDENCE. THIS IS A METAL STRUCTURE WRAPPED IN SHEET METAL. IT'S ABOUT 30X60 FEET IN SIZE. THE PURPOSE OF THIS STRUCTURE, OR THE REASON FOR THE REQUEST, IS TO HAVE THIS ENCLOSED GARAGE FOR GENERAL STORAGE, AS WELL AS SOME CUSTOM AND SPECIALTY VEHICLES. IF YOU HAVE DRIVEN BY, YOU WILL SEE AN IMAGE ON THAT SLIDE LATER, THEY HAVE ALSO A FERRIS WHEEL, WHICH THEY WOULD LIKE TO STORE WITHIN THIS STRUCTURE. SECTION 77303C3 REQUIRES A SPECIAL USE PERMIT FOR ACCESSORY STRUCTURES IN EXCESS OF 500 SQUARE FEET.

NEXT SLIDE, PLEASE. JUST AS A BRIEF OVERVIEW, THIS REQUEST IS VERY SIMILAR IN NATURE TO THE ONE YOU JUST HEARD. THE ZONING IS SF-40. THE REQUEST IS FOR SPECIAL USE PERMIT OF A STRUCTURE THAT IS RELATIVELY LOCATED BEHIND THE HOUSE AS WELL. SO THE PROPERTY HERE IS SIGNIFICANTLY SMALLER THOUGH, AND IT IS ONE ACRE IN SIZE, WITH 165 FEET OF FRONTAGE ALONG WESTWOOD CIRCLE, WHICH OBVIOUSLY IS ON ITS WEST, AS YOU CAN SEE ON THE SCREEN. THE EXISTING HOME IS APPROXIMATELY 2,145 SQUARE FEET AND THERE IS A SMALL 200 SQUARE FOOT METAL SHED TO THE REAR OF THE PROPERTY. YOU CAN SEE THAT TO THE NORTHEAST CORNER OF THE LOT. THERE IS SOME SIGNIFICANT CANOPY COVERAGE ALONG THAT AREA WHERE THE SHED IS, BUT WE HAVE BEEN TOLD BY THE APPLICANT THAT NO TREES ARE INTENDED TO BE REMOVED FOR THE CONSTRUCTION OF THIS STRUCTURE. NEXT SLIDE, PLEASE.