Planning & Zoning Commission Meeting


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  3.8.       
Meeting Date: 01/20/2022  
Submitted By: Hayden Brodowsky, Zoning

Agenda Item
SUBDIVISION VARIANCE/Witt Road (VAR-21-06705). Presentation, discussion, and consideration on a request for a Variance from Section 107 - Subdivision Ordinance, for CEC Witt Addition on approximately 1.385 acres, situated in the H. KENDAL SURVEY, Abstract No. 713, within Little Elm's town limit, in order to allow a two-year grace period for requirements listed in Section 107.08.01 (b) - Adequate Public Facilities.  
  • Staff Report
  • Applicant Presentation
  • Discussion and Recommendation
Location
Generally located on the north side of Old Witt Road, approximately 285 feet east of Witt Road, with an address of 1707 Old Witt Road, within Little Elm's town limits.
Planning Analysis
This request originated from the initial Final Plat request to establish one commercial lot from an existing two-property abstract survey on approximately 1.385 acres, situated in the H. KENDAL SURVEY, Abstract No. 713, within Little Elm's town limits. The purpose of the Final Plat (FP-21-05220) is to allow building permits to be pulled on this property. As Sec. 107.04.01 - Subdivision procedures and plat types explains: 
 
"No building permits will be issued for the construction of any building on any unplatted land within the town and the town's extraterritorial jurisdiction (ETJ), therefore a Final Plat is required to pull a permit for a Certificate of Occupancy or a permit to remodel."
 
The Final Plat was denied by the Planning and Zoning Commission on November 18, 2021, for not meeting the following standards:
  1. Section 107.08.01 (b) Adequate Public Facilities.
    • Water. A plat will not be approved unless all of the proposed lots are connected to a public water system which is capable of providing adequate water for health and emergency purposes.
    • Wastewater. A plat will not be approved unless all of the proposed lots are served by an approved means of wastewater collection and treatment.

At this time, the property owner requests a variance to allow a two-year grace period to the requirements listed in Section 107.08.01 (b) - Adequate Public Facilities. However, both water and wastewater lines are existing along Witt Road and accessible for connecting to the subject property.
Recommended Action
This is a major variance request to Subdivision Ordinance requirements and is first directed to the Town Engineer for determination. The Town Engineer has reviewed and denied the request, which is now brought before the Planning and Zoning Commission. If P&Z chooses to deny the request, the applicant can appeal the decision to Town Council.

Town Engineer recommends denial of VAR-21-06705 based on the following reasons:
  1. Information regarding the water well operation and quality was not provided in the application. This information is required according to Section 107.08.02(d)(7) of the Town’s Subdivision Ordinance.
  2. Access to the Town’s water and wastewater system is located directly adjacent to the subject property and would not require additional off-site utility extensions.
  3. The application states that financial hardship is the reason for the request. According to section 107.01.01(a)(3) of the Subdivision Ordinance, pecuniary interests alone shall not be justification for the granting of a variance.
Attachments
Location Map
Letter of Intent
Engineer Review


    

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