Min - Board of Adjustment - 1994 - 05/03 - RegularCITY OF ALLEN
BOARD OF ADJUSTMENT
{ REGULAR MEETING
MAY 3, 1994
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Galen Clay, Chairman
Bill Roberge, Vice -Chairman
Ray Lewis
David Prall
Philip Rich
Commission Members Absent:
None
City Staff Present:
Bret McCullough, Building Official
Sally Leeper, Secretary
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With a quorum of the Board members present, the Allen Board of Adjustment was called to
order at 7:30 p.m. by Chairman Clay at the City Council Chambers, One Butler Circle,
Allen, Texas.
Approve Minutes
November 2. 1993 (Agenda Item ID
Chairman Clay read the agenda item into the record as follows:
"Approve minutes of November 2, 1993, Regular Meeting."
MOTION: Upon a motion by Board member Roberge and a second by Board member
Prall, the Board voted 5 FOR and 0 OPPOSED to approve the minutes of
' November 2, 1993, as presented.
BOARD OF ADJUSTMENT
■, May 3, 1994 PAGE 2
Public Hearing
Zriny - 1100 BUyshore Dr. ((Agenda Item III)
Chairman Clay read the agenda item into the record as follows:
"Public Hearing - Consider a request from Lou and Don Zriny of 1100 Bayshore
Drive for a variance to reduce the rear yard building line from 15 feet to 5 feet, and a
variance to the 18 -foot requirement between an alley and a carport on Lot 20, Block
16, Cottonwood Bend 6B, Allen, Texas."
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."
Lou Zriny
1100 Bayshore Drive
Allen, TX 75002
■ Don Zriny
i� 1100 Bayshore Drive
Allen, TX 75002
Bret McCullough
City of Allen
One Butler Circle
Allen, TX 75002
Jeff Cocking
1312 Thoreau
Allen, TX 75002
Chairman Clay opened the public hearing.
Mr. Bret McCullough presented the request to the Board. He stated that the request was in
violation of two sections of the City's codes; 1)requirement for a 15 -foot rear building line in
Planned Development No. 13; 2)requirement for an 18 -foot setback for garages or carports
required in the Comprehensive Zoning Ordinance No. 829-11-87. He stated that the Board
does not have the authority to change the laws of the City, but does have authority to grant a
variance based on Comprehensive Zoning Ordinance No. 829-11-87, which stated that the
Board shall have the power to authorize upon appeal such variance from the terms of that
ordinance as will not be contrary to the public interest, where, owing to special conditions, a
BOARD OF ADJUSTMENT
May 3, 1994
PAGE 3
literal enforcement of the provisions of that ordinance will result in unnecessary hardship,
and so that the spirit of the ordinance shall be observed and substantial justice done,
including to permit a variance in the yard requirements of any district where there are
unusual and practical difficulties or unnecessary hardships in the carrying out of these
provisions due to an irregular shape of the lot, topographical or other conditions, provided
such variance will not seriously affect any adjoining property or the general welfare.
Mr. McCullough indicated that Ms. Zriny has referenced the ordinances of the City of Plano
in her documentation. She interpreted the ordinances of Plano to indicate that she could
construct a carport within 3 feet of the alley; however, Mr. McCullough indicated that the
City of Plano only allows a carport to be constructed to a length of 24 feet.
Board Member Lewis questioned whether any other variances of this type had been granted
within the city and Chairman Clay indicated that each request must be treated as a unique
circumstance.
Mr. Don Zriny stated that he and his wife are presenting this request because they need a
roof structure for their vehicle. He stated the look of the property will not change because
their fence goes across the driveway at this time.
Board Member Prall questioned whether the request is for a full garage or a carport with a
garage door. Mr. Zriny stated it was for a carport with a garage door
Mrs. Lou Zriny indicated that she has a need to exit her other two cars from the garage
while the van is parked in the driveway She indicated they need this covered carport
separated from the garage in order to provide a covered space for the van. She stated she
would be extremely careful that any construction would be attractive.
Board Member Philip Rich questioned whether Mrs. Zriny could build a carport as required
with an extra slab to the side of the driveway Mrs. Zriny indicated that extra concrete has
already been to the side of the driveway, but is not sufficient for her needs.
Mr. Jeff Cocking questioned what would be required to change the ordinance and he was
advised that a request would need to be made to the City Council.
Chairman Clay closed the public beating.
Chairman Clay reminded the board that variances are allowed under Section 4.04.3(c)(1)
after proof of hardship. Board Member Rich indicated that it appeared that the size of the
lot should allow for a carport next to the house; however, this would require the shuffling of
cars.
BOARD OF ADJUSTMENT
May 3, 1994 PAGE 4
Mr. McCullough indicated that the ordinance allows for a carport to be constructed to within
18 feet from the alley. She would also be allowed to build onto the garage; stopping at 18
feet from the alley.
Board Member Prall questioned the allowance of the gate across the driveway and Mr.
McCullough stated that the fence ordinance does not mention fencing the driveway, and
therefore the city cannot disallow them.
Board Member Roberge discussed the section of the zoning ordinance which indicates the
reasons a variance can be granted. He stated that he observed the neighborhood and noticed
that this particular lot was the only one he saw with a fence across the driveway. He
indicated that it would be appropriate to extend the driveway to the left; however he felt it
was not the intent of the Board to be involved with the design. He indicated that a multiple
car family is not new to Allen. This is a common problem to most families. He added that
the ordinances of the city were not arbitrarily established; but rather through considerable
work and after public hearings by the Planning & Zoning Commission and City Council.
Board Member Rich questioned whether the two single doors of the garage could be replaced
by a double door, which would allow the van to be parked in the garage. Mr. McCullough
indicated that it could be done with an engineer -approved beam installed to support wall
above the door opening.
MOTION: Upon a motion by Board Member Lewis and a second by Board Member Rich,
the Board voted 5 FOR and 0 OPPOSED to deny the request for the reason
that the City has offered several options for redesign, the City restrictions are
clear, and there is no evidence of a hardship which would allow the Board to
grant the variance.
OTHER BUSINESS:
Ms. Leeper reviewed with the Board a list of questions forwarded to them by the Mayor's
office regarding regulation of the boards and commission. Their response to the questions is
as follows:
1. Should the length of term be increased or decreased? Current 2 year -terms are
appropriate, no changes recommended.
2. Should there be limits of terms? Not appropriate for this board, it is a quasi-judicial
[ward and does not meet very often.
3. Attendance rules? Not a major issue.
BOARD OF ADJUSTMENT
May 3, 1994 PAGE 5
4. Rules of Operation? No, Board is governed by Zoning Ordinance and State law
A recommendation was made by the Board that a training session be provided each time new
appointments are made, or at least a workshop session to be held by staff at the beginning of
each term. It was further suggested that there might be certain circumstances when legal
counsel should be requested to attend the meeting
MOTION Upon a motion by Board Member Prall and a second by Board Member
Roberge , the Board voted 5 FOR and 0 OPPOSED to adjourn the May 3,
1994, meeting at 8:45 p.m.
These minutes approved this day S of , 1994
Galen Clay, Chairman Bill Robe;0, Vice -Chairman
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