Min - Board of Adjustment - 1992 - 06/02 - Special CalledALLEN ZONING BOARD OF ADJUSTMENT
CALLED SPECIAL MEETING
NNE 2, 1992
ATTENDANCE:
Commission Members Present:
Galen Clay, Chairman
Ed Terrell, Vice -Chairman
Ray Lewis
Steve Allen
Bill Roberge
Commission Members Absent:
City Staff Present:
Bret McCullough, Building Official
Sally Leeper, Secretary
E
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Board Members present, the Allen Zoning Board of Adjust-
ment was called to order at 7:30 p.m. by Chairman Clay at the Allen Municipal
Annex, City Council Chambers, One Butler Circle, Allen, Texas.
Approve Minutes
November 5, 1991 (A¢enda Item II)
Chairman Clay read the agenda item into the record as follows:
"Approve minutes of November 5, 1991, Called Special Meeting."
C
All N BOARD OF ADJUSTMENT
J JUNE 2, 1992 PAGE 2
Public Hearing
Legacy Homes (Agenda Item III)
Chairman Clay read the agenda item into the record as follows:
"Public Hearing - Consider a request by Legacy Homes for a variance to
reduce the front building line from 25 feet to 22 feet for the purpose of tree
preservation on Lot 4, Block A, Woods of Heritage Park Addition to the
City of Allen, Collin County, Texas; further described as being #17
Heritage Woods Place."
Ms. Sally Leeper, Secretary, administered the following oath to persons listed
below who intended to testify during the hearing: "Each of you do solemnly
swear or affirm that the testimony you shall present in this proceeding shall be
the truth and nothing but the truth, so help you God."
Mr. Lonnie Hale
4409 Shady Ln
Rowlett, Texas
Mr. Bret McCullough
City of Allen Staff
565 Bell
Allen, Texas
Ms. Margie Veselka
#19 Heritage Woods Place
Allen, Texas
Mr. Lonnie Hale, Legacy Homes, presented the request to the Board. He provid-
ed two pictures of the tree in question. He stated Legacy Homes is requesting a
variance of three feet to the front building line in order to retain a 75 -year-old
oak tree at the rear of the structure. They have chosen the smallest footprint
dwelling for this lot, a two-story home approximately 2500 square feet in size. He
stated that the current zoning on this property includes variances for sidewalks
in the cul-de-sac areas in order to preserve the trees and encourages tree
preservation throughout the development. He indicated that only the front porch
would encroach the building line.
Mr. McCullough, stated that City staff has reviewed this request and feels that
the Board has the authority to grant variances to yard requirements. Item 6 in
Planned Development No. 48 does contain provisions for tree preservation during
the development and home construction phases. He added that staff does not feel
that approval of this variance would adversely affect the general area.
Chairman Clay opened the public hearing.
{ Ms. Veselka, #19 Heritage Woods Place, stated the tree is beautiful; however, was
wondering if it had been checked to see if it is healthy.
ALLEN BOARD OF ADJUSTMENT
JUNE 2, 1992 PAGE 3
Public Hearing
Legacy Homes (Cont.)
(Agenda Item III)
Mr. Hale stated that the tree had not been checked, but appeared to him to be a
healthy, growing tree.
Ms. Veselka stated she enjoys the tree and it lends a great deal of shade to her
home. She added that she is in favor of saving the tree.
Chairman Clay closed the public hearing.
Board Member Lewis questioned whether the variance would set a precedence and
Mr. McCullough stated that it would not; that each case would have to be consid-
ered on its own merit.
Board Member Roberge asked whether anyone has investigated the health of this
tree and was advised that no one had done so. He further discussed the size of
the proposed dwelling and the fact that a 2500 square feet, two-story home,
would blend with the neighborhood appropriately.
Board Member Terrell stated he had viewed the tree in question, and was in favor
of the request.
Chairman Clay questioned whether there were any subdivisions in the City with
20 -foot front building lines and Mr. McCullough answered that there were.
Mr. Hale stated that the house indicated on the plot plan provided the Board
Members will be the plan built.
MOTION: Upon a motion by Board Member Lewis and a second by Board Member
Allen, the Board voted 5 FOR and 0 OPPOSED to approve the three-
foot variance to the front building line on Lot 4, Block A, Woods of
Heritage Park, by resolution.
Other Business
There was no other business.
Adjourn:
MOTION: Upon a motion by Board Member Lewis and a second by Board Member
Terrell, the Board voted 5 FOR and 0 OPPOSED to adjourn the June
2, 1992, meeting of the Zoning Board of Adjustment at 8:00 p.m.
These 'nu s approved this 6th day of June, 1992.
Galgh Clay, ClTairman Ed Termil, Vice -Chairman