___________________________________ Philemon Brown, Chairman ____________________________________ Dr. William Mack, Secretary AGENDA ITEM #VI.1. Memorandum FROM: The Office of the Planning and Development Director DATE: May 21, 2026 ZBA26-03 CONDUCT A PUBLIC HEARING TO DISCUSS AND CONSIDER A REQUEST FOR A VARIANCE FROM THE CITY OF HARKER HEIGHTS CODE OF ORDINANCES §155.020(A)(5)(B), WHICH REQUIRES LARGE ACCESSORY STRUCTURES TO BE LOCATED BEHIND THE FRONT FAÇADE OF THE MAIN STRUCTURE, ON PROPERTY DESCRIBED AS LAKESIDE HILLS SECTION FIVE, LOT 092A, 2.000AC, GENERALLY KNOWN 76548. TX COUNTY, BELL HEIGHTS, AS DRIVE, ORLAN 11526 HARKER (DIRECTOR OF PLANNING/BUILDING OFFICIAL) EXPLANATION: PROPERTY INFORMATION The subject property is zoned R-1 (One-Family Dwelling District) and is located on Orlan Drive. The lot is part of the Lakeside Hills Section 5 Administrative Plat, recorded in 2016 (Exhibit C). The current property owner purchased the property in February 2023. According to Bell County Tax Appraisal District records (Exhibit B), the property currently contains the following improvements: One (1) residence – 2,026 square feet One (1) garage – 420 square feet Two (2) open porches – 284 square feet (total) One (1) apartment – 552 square feet BACKGROUND On March 16, 2026, the property owner submitted an application for a building permit to construct a 12-foot by 16-foot storage shed with an approximately 13-foot by 17-foot foundation slab. Because the property is served by an on-site septic system, approval from the Bell County Public Health District (BCPHD) was required prior to permit issuance due to the proposed location of the structure in relation to the septic system components. On March 27, 2026, BCPHD provided written approval for the proposed structure, with the condition that the slab and shed remain a minimum of 32 feet from the nearest septic spray head. Based on the site plan submitted at the time of application and the approval provided by BCPHD, the City issued a building permit for the large accessory structure on March 31, 2026. A pre-pour foundation inspection was conducted on April 7, 2026. During the inspection, it was determined that the proposed structure location did not comply with the placement requirements for large accessory structures established by the City’s zoning regulations. The inspection was failed, and the following comment was provided to the applicant: AGENDA ITEM #IX.1.

Bastiat Liberty & Property Rights Analysis

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