City of Fredericksburg Zoning Board of Adjustment Meeting Agenda Wednesday, February 18, 2026 ~ 5:30 PM New City Hall at East Campus 2818 E. U.S. Hwy. 290 Fredericksburg, Texas 78624 Clay Sears, Chair Mike Mahoney, Member Eric Hammersen, Vice Chair Jim McAfee, Alternate Member Jennifer Eggleston, Member Jimmy Culp, Alternate Member Adam Luton, Member The City of Fredericksburg Zoning Board of Adjustment will meet in a regular session on February 18, 2026, at 5:30PM. The meeting will be available within 24 hours to re-watch on the City's website: fredericksburgtx.portal.civicclerk.com. Written Comments: to be submitted remotely: 1. Must be received by 2 p.m. on February 18, 2026. 2. Complete the Citizen Comment Form online at www.fbgtx.org; or 3. Email your comments to jmusgrove@fbgtx.org Verbal Comments: 1. Sign up in-person between 5:00 p.m. and 5:30 p.m. New City Hall at East Campus 2818 E. U.S. Hwy. 290, Fredericksburg, Texas 78624 You will be limited to 3 minutes to speak. 1. ROLL CALL 2. CALL TO ORDER 3. APPROVAL OF MINUTES A. January 21, 2026, Regular Meeting Minutes 4. PUBLIC HEARING A. ZBA2026-01 - Request by C3 Development Services to consider a variance per sec. 5.600 "Variance Procedure" for property located at 106 W. Peach Street for relief from the provisions of section 3.100 for the minimum lot size requirement of 7,500 square feet within the R1- Single Family Residential District. Zoning Board of Adjustment Meeting February 18, 2026 Agenda Page 1 of 17 5. ACTION ITEMS 6. DISCUSSION ITEMS A. Director's Report 7. ADJOURN CERTIFICATION This is to certify that I, Jan Musgrove, posted this Agenda before 4:30PM on February 11, 2026, on the bulletin board of the City of Fredericksburg City Hall, 126 W. Main St., Fredericksburg, Texas. Jan Musgrove Planner 1 Zoning Board of Adjustment Meeting February 18, 2026 Agenda Page 2 of 17STATE OF TEXAS ZONING BOARD OF ADJUSTMENT COUNTY OF GILLESPIE JANUARY 21, 2026 CITY OF FREDERICKSBURG MEETING MINUTES 5:30 P.M. On the 21ST day of January 2026, the Zoning Board of Adjustment convened in regular session in the Conference Room of City Hall at 126 West Street, Fredericksburg, Texas 78624 with the following members present to constitute a quorum. PRESENT: CLAY SEARS ERIC HAMMERSEN MIKE MAHONEY ADAM LUTON JIM MCAFEE JIMMY CULP ABSENT: JENNIFER EGGLESTON ALSO PRESENT: CLIFF CROSS – Director of Development Services JAN MUSGROVE – Planner 1 SWEARING IN OF A NEW BOARD MEMBER: Jan Musgrove, Planner, swore in Mr. Jimmy Culp as a new Alternate member of the Zoning Board of Adjustment. The meeting was called to order at 5:33 P.M. by Clay Sears. Minutes: Jim McAfee made a motion to approve the November 19, 2025, Regular Meeting Minutes with Eric Hammerson confirming a correction had been made to Leonard Bencth's name. Second by Mike Mahoney. All voted in favor and the motion carried. Procedures for Alternate Board Member Participation: Cliff Cross addressed briefly the procedural rules regarding alternate member participation and voting, ultimately designating Jim McAfee as the voting alternate for the meeting and clarifying that Jimmy Culp, the new alternate member would observe but not participate as a voting member at the meeting. Action Item: ZBA2025-11 - 209 N Elk St. By Kristina Seracen, To Consider A Special Exception per Sec.5.500 - Board of Adjustment Subsection 1, to Allow for a STR-Unoccupied Permit For the Property Located at 209 North Elk Street, Fredericksburg, Texas.: Page 3 of 17Applicant: Christina Saracen presented her request for a special exception to allow a short-term rental (STR) unoccupied permit at 209 N Elk St., she described her history with the property, the surrounding prevalence of STRs, and her intent to secure an STR unoccupied permit to facilitate the sale of her home, noting increased traffic and noise from nearby National Musuem of the Pacific War’s Combat Zone where attractions made the house less attractive to buyers. Staff Summary: The property is located within a location that has several STR properties. Of the 11 STRS located in the neighborhood, 2 have an occupancy of 2, 1 an occupancy of 4, 1 an occupancy of 5, 1 an occupancy of 6, 1 an occupancy of 7, 1 an occupancy of 8, 2 an occupancy of 10, 1 an occupancy of 12 and 1 has an occupancy of 16, creating an average occupancy of 7.5. The property consists of a 3,417 sq ft house that consists of 5 bedrooms. The property provides 5 parking spaces on a 10,890 sq ft lot. Public Hearing opened and closed at 6:09PM Board Discussion: Board members examined the property's parking capacity, confirming at least six spaces including garage spots, and discussed how occupancy limits are determined based on bedrooms, square footage, and city code, ultimately agreeing on a maximum occupancy of 10. The board also reviewed the public comments, noting three protests and one approval from within the 200- foot radius, and discussed the implications of STR owners protesting additional STRs, as well as the process for redacting personally identifiable information in public records. Debate about the impact on neighborhood character, property values, and public interest concluded the discussion of this application. Mike Mahoney made a motion to approve with an occupancy of 10. Eric Hammersen seconded the motion. A Roll Call Vote was called: Clay Sears – Aye Eric Hammersen – Aye Adam Luton – Aye Jim McAfee – Aye Mike Mahoney – Aye Unanimously approved with an occupancy of ten (10). Motion Carried Director’s Report: Cliff Cross informed the board about the city's progress on the new Unified Development Code (UDC), including the high number (13) of RFQ responses and the plans to involve the board in code development and potential subcommittees for input. Data Privacy and Public Information Handling: Mr. Cross explained to the board members the city's evolving approach to handling personally identifiable information (PII) in public records, prompted by concerns about AI-driven data misuse and the lack of clear state or federal directives. He explained the recent practice of Page 4 of 17redacting addresses, phone numbers, and emails from public documents due to concerns about AI scraping and fraudulent activity. Board request: Board members requested access to unredacted application data during meetings for decision- making purposes, and staff discussed potential solutions such as confidential packets and in- meeting review, pending further legal guidance. Mr. Cross discussed ongoing and future amendments to city ordinances, including tree preservation, sound ordinances, time limits on reapplications, and the need for initiative-taking updates in anticipation of the UDC. He stressed the need for the Board members to be engaged in an in-depth discussion about the city's STR ordinance, addressing occupancy calculations, inspection protocols, code amendments, and the need for clearer definitions and processes for STRs and ADUs. Board request: The board discussed the current method of determining STR occupancy—two persons per bedroom plus two guests—debated its enforceability and considered amending the code to base occupancy strictly on bedroom square footage and egress requirements. Members reviewed the city's inspection process for STRs, noting that annual scheduled inspections verify compliance, but random checks are not conducted unless complaints are received, and discussed the challenges of enforcing occupancy and parking requirements. Mr. Cross clarified the distinction between STR unoccupied units and ADUs, highlighted inconsistencies in property records, and discussed the need for a master permit system for multi- unit facilities to streamline administration and compliance. Board request: Board members proposed several amendments to the STR ordinance, including revising occupancy formulas, clarifying treatment of corner lots within the Special Exceptions process, and allowing the board to recommend text amendments directly to staff or council based on recurring variance requests. ADJOURN With nothing further to come before the Board. The meeting was adjourned at 6:50 PM PASSED AND APPROVED this the 18th day of February 2026. JAN MUSGROVE, PLANNER 1 CLAY SEARS, CHAIRPERSON Page 5 of 17 HISTORIC REVIEW BOARD AGENDA MEMO DEPARTMENT: Development Services TO: Historic Review Board MEETING DATE: February 18, 2026 CATEGORY: PUBLIC HEARING CAPTION: ZBA2026-01 - Request by C3 Development Services to consider a variance per sec. 5.600 "Variance Procedure" for property located at 106 W. Peach Street for relief from the provisions of section 3.100 for the minimum lot size requirement of 7,500 square feet within the R1- Single Family Residential District. SUMMARY: A variance has been requested pertaining to the minimum lot size requirements of buildable lots within the R1 - Single Family Residential District that requires a minimum lot width of 70 feet and a minimum square footage of 7,500 square feet. The applicant is requesting the ability to subdivide the existing 14,925 square foot lot into two lots totaling 7400.33 square feet and 7525.00 square feet. The newly created lot 1 (7,400.33 sq. ft) will house the existing single-family residence and lot 2 will be a 7.525.00 sq ft vacant buildable lot. RELEVANT ORDINANCE AND DESIGN GUIDELINES/STANDARDS: Sec. 6.110. - Continuance of a Nonconforming Use. Residential Districts Enlargement. A non-conforming use may be enlarged, expanded, extended or changed within the boundary of the lot in which the non-conforming use has legally operated, upon approval of a Conditional Use Permit (section 5.400). Any enlargement or extension, whether requiring a Conditional Use Permit or not, shall be required to come into in compliance with all city ordinances, codes, or policies and development regulations which may apply to the property (examples without limitation: landscape, parking, curb cuts, setbacks). Conversions. A non-conforming use may be continued as the same classification, or may be changed to a use of a more restricted classification upon approval of a conditional use permit. If it is changed to a use in a more restricted classification or to a conforming use, it cannot be changed back to its original non-conforming use. For purpose of this paragraph, the phrase "same classification" means: uses permitted in the same district; a "more restricted classification" means: use in a district having more restricted use (i.e., C-2 vs. C-1); and provided that: The new use is similar to or less intensive than that of the old use in terms of noise generated, outdoor storage, customer activity and impact on other conforming uses in the area, and that the new use comply with the parking requirements of this ordinance as applicable to newly established uses. Termination. If a non-conforming use or any portion thereof is voluntarily discontinued for a period of 90 days, any future use of such land or portion thereof shall be in conformity with the regulations of the district in which such land or portion thereof is located. Non-conforming use is terminated upon a change in use other than as provided herein. Page 6 of 17 Non-conforming use is terminated upon destruction of a structure occupied by a non-conforming use unless it is permitted to be rebuilt as provided herein. Replacement. If a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this Ordinance. In the case of partial destruction of a nonconforming use not exceeding 75 percent of its tax roll assessed value, reconstruction will be permitted but the size or function of the nonconforming use shall not be expanded. Sec. 3.100. - R-1: Single Family Residential. Site Development Regulations Each site in the R-1 district shall be subject to the following site development regulations: Feature Regulation Lot Size Minimum Lot Area, 7500 Square feet; or 10,000 square feet for guest houses and sh ort- term rental, accessory uses Lot Width Minimum Lot Width, 70 feet Height Maximum Building Height, 2½ stories, 28 feet Front Yard Minimum Required Setback, 25 feet Street Side Yard Minimum Required Setback, 15 feet Interior Side Yard Minimum Required Setback, 5 feet Rear Yard Minimum Required Setback, 10 feet Residential Density Maximum Dwelling Units per Lot, 1 per Lot Minimum Dwelling Areas (Living Area Only) 750 Square feet Maximum Building Coverage Percent of Lot Area, 40% Impervious Cover Percent of Lot Area, 55% Nonconforming Uses Section 6.100 Special Yard Regulations Section 7.300 Fences, Walls and Visibility Section 7.530 Parking Section 7.800 Temporary/Accessory Buildin Section 8.000 g Home Occupations Section 8.300 Sec. 5.650. - Findings. Basic Criteria. The Board of Adjustment may grant a Variance if it makes affirmative findings of fact on each of the following criteria: The Zoning Regulations applicable to the property do not allow for a reasonable use. The plight of the owner of the property is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the zoning district in which the property is located. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property and will not impair the purposes or regulations to the Zoning District in which the property is located. STAFF RECOMMENDATION: In evaluating the request the area in general has a distinct pattern of development. It contains various lot sizes and building locations creating a range of existing setbacks and building placements. A determination that unique circumstances exist for the property, and not created by the owner, would need to be identified within the findings of fact for approval. Page 7 of 17 ATTACHMENTS: 1. New 106 Location Arial 2. 106 W Peach Notification Map 3. New 106 Zoning 4. ZBA-2026-01_106 W Peach_Variance Application_1.6.2025_Redacted 5. ZBA-2026-01_106 W Peach_Lot Configuration_1.6.2025 Page 8 of 17 203 211 207 116 210 208 201 114 304 112 110 206 108 T 123 S T 106 T E 204 K C O R C W S C 210 202 R 305 E E K 119 S T 203 104 115 307 306 113 111 108 308 109 109 P E 107 310 A C 106 H 107 S T 105 103 105 101 309 102 306 T 103 S S 311 M A D A S 400 402 102 408 104 404 I! FIGURE 1 LEGEND GCAD Parcels City of Fredericksburg ZBA-2026-01 106 W. Peach Page 9 of 17 204 212 213 214 123 121 211 207 119 117 207 212 113 205 211 203 116 210 109 114 201 107 208 112 304 110 108 105 206 123 205 106 202 1/2 204 W 210 C R 205 E 202 E 305 K 119 S T T S 104 T T 115 203 E K C 307 O 306 R 113 C S 111 208 108 308 109 109 P E 107 310 A C 106 H 107 S T 105 103 312 105 309 102 101 W U FE S R T 301 306 103 T S 311 S M A D A S 400 102 402 104 E U 408 FE R 404 S T 108 110 I! 407 108 406 1 inch = 125 feet 110 FIGURE 1 LEGEND City of Fredericksburg 200' Foot Notification Buffer Z-2026-01 106 W. Peach GCAD Parcels Page 10 of 17 208 204 125 Z 219 217 R1 212 IT M W 123 I Y PF 213 N S 214 K A 121 P N 211 207 A 119 N 216 TO N 117 IO 207 113 S 205 T 212 CBD R1 211 203 116 R1 107 109 210 114 110 201 105 213 208 112 304 P 202 E 108 209 A 206 C C1 H 123 S 205 T 106 207 204 W 1/2 C 210 R E 202 E 214 305 K 119 S 205 T T S T T 104 203 E 115 K 210 C 307 201 306 O R 113 C R1 S 108 111 308 R1 208 109 207 109 107 CBD 310 106 107 105 209 209 W C1 U 103 E FE 312 C 207 R 105 RE S 102 101 E T 309 K ST 106 R1 301 T S CBD 306 S M 103 105 A 103 D A 105 S 311 400 OS OS 102 402 104 108 E 306 404 U FE R 408 S T CBD 110 112 C1 PUD 407 110 108 406 R2 112 308 106 410 116 LEGEND GCAD Parcels PF - Public Facilities I! Zoning PUD - Planned Unit Development ZONED R1 - Single Family Residential R1A - Single Family Residential - Small Lot C1 - Neighborhood Commercial R2 - Mixed Residential C1.5 - Medium Commercial R3 - Multi-Family Residential C2 - Commercial R4 - Manufactured Home Residential CBD - Central Business District R5 - Patio Home Residential M1 - Light Manufacturing M2 - Medium Manufacturing FIGURE 1 M3 - Industrial Park OS - Open Space City of Fredericksburg ZBA-2026-01 106 W. Peach Page 11 of 17Page 12 of 17Page 13 of 17 B. PARKING : ADDITIONAL CRITERIA-The Board may grant a Variance to a regulation prescribed by this ordinance with respect to the number of off- street spaces required if it makes findings of fact that the following additional criteria are also satisfied: Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation. N/A The granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets. N/A The granting of the Variance will not create a safety hazard or any other condition inconsistent with the obJectives of this ordinance. N/A The Variance shall run with the use or uses to which it pertains and shall not run with the site. N/A Page 14 of 17C. SIGNS: ADDITIONAL CRITERIA-The Board may grant a Variance to a regulation prescribed by the Sign Ordinance with respect to the placement of signs, the height of signs or the area of signs if it affirmatively finds each of the following. That a sign is being replaced. For the purposes of this Section, replacement shall include the erection of a new or different sign due to the removal of another sign for any reason, including the change of name of a business, whether from change of ownership, business being conducted, or otherwise, the change of a sign for a continuing business containing the same or different information as the sign being replaced, and the replacement of signs due to damage or vandalism. N/A That all structures on the property for which the sign is proposed that would impede the replacement of a sign were constructed prior to February 17, 1986. N/A That it is impractical to abide by existing placement, height or area regulations due to the placement, size of construction of existing structures in relationship to the physical characteristics of the site. For purposes of illustration, physical characteristics may include topography of the site or the surrounding sites, structures on surrounding sites, traffic conditions, street layouts and existing natural vegetation. N/A Page 15 of 17Page 16 of 17 PROJECT NO. P-25___ VOL. ________, PG. _________ MINOR PLAT ESTABLISHING PEACH STREET SUBDIVISION CITY OF FREDERICKSBURG, GILLESPIE COUNTY, TEXAS LOT NO. 1 7400.33 SQ.FT. PEACH STREET LOT NO. 2 (29' WIDE R.O.W.) 7525.00 SQ.FT. NOTES 1. BUILDING SETBACKS ARE SUBJECT TO CHANGES IN PROPERTY ZONING. ALL FUTURE CONSTRUCTIONS ADHERE TO CURRENT ZONING AND DEVELOPMENT ORDINANCES, UNLESS VARIANCES ARE GRANTED AT THE TIME OF PERMIT APPLICATION. 2. FEMA FIRM PANEL 48171C0269C WITH AN EFFECTIVE DATE OF OCTOBER 19, 2001 SHOWS THE SUBJECT PROPERTY TO LIE WITHIN FLOOD ZONE "X", WHICH IS NOT A SPECIAL FLOOD HAZARD AREA. PENDING FLOOD STUDIES IN THE SURROUNDING AREA, WHICH ARE NOT AS OF YET PUBLISHED BY FEMA, MAY AFFECT THIS TRACT. 3. UNDERGROUND UTILITIES, SPRINKLER SYSTEM AND HEADS, VALVES, HAND-HOLES AND OTHER LEGEND IMPROVEMENTS MAY EXIST THAT ARE NOT SHOWN HEREON. THE SURVEYOR MAKES NO GUARANTY OR PRELIMINARY WARRANTY AS TO THE EXACT LOCATION OF UNDERGROUND UTILITIES. 4. COORDINATES, BEARINGS, DISTANCES AND AREA SHOWN HEREON ARE "GRID" DERIVED FROM G.N.S.S. R.T.K. THIS DOCUMENT HAS BEEN RELEASED FOR REVIEW (GPS) POSITIONING TECHNIQUES REPORTED IN THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ONLY AND SHALL NOT BE RECORDED FOR ANY ZONE OF THE NORTH AMERICAN DATUM 1983 (NAD83(2011)), WITH THE HORIZONTAL DISTANCES EXPRESSED DATE: 08 / 21 / 2025 IN U.S. SURVEY FEET. "NORTH" IS REFERENCED TO GRID NORTH (UNLESS NOTED OTHERWISE). PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. 5. A 10-FOOT-WIDE UTILITY EASEMENT ALONG THE REAR, FRONT, AND SIDE LINES OF ALL INTERIOR LOT LINES, AND 20-FOOT-WIDE UTILITY EASEMENT ALONG THE ENTIRE PERIMETER OF THE SUBDIVISION IS RESERVED, PER THIS PLAT. REFER TO THE ENTIRETY OF THE "UTILITY EASEMENT" NOTE ON THIS PLAT. 6. THIS SURVEY DOES NOT CONSTITUTE AN ABSTRACT OF TITLE BY THE SURVEYOR AND THE SURVEYOR MAKES NO REPRESENTATION AS TO THE CONDITION OF TITLE. 7. MONUMENTS AS SHOWN. ALL CORNERS SET ARE 1/2" DIA. REBAR WITH CAP STAMPED "WAYMAKER 10194626" (UNLESS OTHERWISE NOTED). 1788 W. Live Oak St. | Fredericksburg, Texas 78624 830-997-3884 | TBPELS Firm No. 10194626 Waymakerland.com 8. REFER TO SHEET 1 OF 2 FOR ALL NOTES CONCERNING EASEMENTS, DEDICATIONS, ETC. Page 17 of 17