Min - Board of Adjustment - 1994 - 07/05 - Regular1
CfrY OF ALLEN
BOARD OF ADJUSTMENT
REGULAR MEETING
JULY 5, 1994
Galen Clay, Chairman
Bill Roberge, Vice -Chairman
Ray Lewis
Jeff Cocking, Alternate
David Prall
Philip Rich
City Staff Present:
Bret McCullough, Building Official
Sally Leeper, Secretary
With a quorum of the Board members present, the Allen Board of Adjustment was called to
order at 7:50 p.m. by Chairman Clay at the City Council Chambers, One Butler Circle,
Allen, Texas.
Approve Minutes
May 3. 1994 (Agenda Item Ii)
Chairman Clay read the agenda item into the record as follows:
"Approve minutes of May 3, 1994, Regular Meeting."
MOTION Upon a motion by Board member Roberge and a second by Board member
Cocking, the Board voted 4 FOR and 0 OPPOSED to approve the minutes of
May 3, 1994, as presented.
BOARD OF ADJUSTMENT
July 5, 1994 PAGE 2
Adoption Resolution
1100 Bayshore Dr. (Agenda item HI)
Chairman Clay read the agenda item into the record as follows:
"Consider adoption of Resolution No. BOA5-3-394-1, Denying a Request for
Variance on Residential Structure at 1100 Bayshore Drive, Allen, Texas."
MOTION: Upon a motion by Board Member Roberge and a second by Board Member
Lewis, the Board voted 4 FOR and 0 OPPOSED to adopt Resolution No.
BOAS -3-94-1, denying a request for variance at 1100 Bayshore Dr
Public Hearing
Berkshire, Inc (1003 Bel Air) (Aeenda Item IV)
Chairman Clay read the agenda item into the record as follows:
"Public Hearing - Consider a request from Berkshire, Inc. for a 5 -foot variance to the
existing 25 -foot front building line. The property is described as Lot 31, Block A of
the Watters Crossing Phase I Addition, 1003 Bel Air Drive, 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."
Bret McCullough
City of Allen
One Butler Circle
Allen, TX 75002
Joel Robuck
Berkshire, Inc.
1445 Ross at Field Ste 2000
Dallas, TX 75202
Christine Geiger and Steve Flick
801 Legacy #124
�n Plano, TX 75023
Chairman Clay opened the public hearing.
BOARD OF ADJUSTMENT
July 5, 1994 PAGE 3
Mr. Bret McCullough, Building Official, presented the request to the Board. He indicated
that the request is for a 5 -foot variance to the front yard building line from 25 feet to 20 feet.
He indicated that a 20 -foot building line is common in other subdivisions in Allen. The
purpose for the request is tree preservation, the need for which was demonstrated by the City
through the Comprehensive Plan. The developer demonstrated a commitment to tree
preservation through the zoning process. Mr McCullough indicated that staff does not
specifically have a recommendation on this request, but does not feel that the granting of this
variance would have an adverse effect on the adjoining property because of the staggering
effect of a cul-de-sac.
Mr. Joel Robuck, Berkshire, Inc., presented information regarding the lot being considered.
He stated that the lot is pie -shaped, and there is a tremendous number of large trees that the
builder, Scott -Felder, is attempting to save by shifting the house 5 feet to the north. The
variance would allow the avoidance of a retaining wall which would affect the trees. Some
of the trees to be saved are a 20" elm, a 12" elm, and a 16" elm.
Christine Geiger spoke in favor of the request and indicated that she and her husband intend
to build a house on this lot, and they are hopeful of retaining the trees.
With no one else wishing to speak for or against the request, Chairman Clay closed the
public hearing.
Board Member Cocking questioned what efforts will be implemented to preserve these trees.
Chairman Clay discussed the fact that some of the trees might be "accidentally" destroyed.
Board Member Lewis suggested that he would be in favor of the request, and that it is the
responsibility of the Board to attempt to preserve these trees if possible.
Mr. Robuck indicated that there will be a contract with the subcontractors regarding actions
during construction. An arborist will be requested to make recommendations regarding the
larger trees, and they intend to fence the area around these trees to prevent encroachment
into that area.
The Board discussed the current actions of the Planning & Zoning Commission in their
efforts to prepare a tree preservation ordinance.
Board Member Roberge questioned the square footage of the house as compared to the
minimum house size allowed. The minimum allowed is 1400 square feet, with deed
restrictions to 1600 square feet. The house proposed to be built is 1900 to 2000 square feet.
Chairman Clay questioned what plans are being made for Lot 32, which is heavily tree'd.
Mr. Robuck indicated that this lot will be a challenge. There is a family interested in this
BOARD OF ADJUSTMENT
July 5, 1994
PAGE 4
lot, and the developer and builder (Scott -Felder) are attempting to design a floor plan that
will minimize the impact on the trees. They do not intend to request a variance on this lot.
MOTION Upon a motion by Board Member Roberge and a second by Board Member
Cocking, the Board voted 4 FOR and 0 OPPOSED to approve the request for
5 -foot variance to the front yard building line at 1003 Bel Air Drive.
OTHER_BUSINESS.
Mr. McCullough indicated that he had attended a presentation at a recent Building Officials
of Texas (BOAT) meeting regarding Board of Adjustment functions. He provided the Board
members with excerpts from this presentation.
MOTION: Upon a motion by Board Member Lewis and a second by Board Member
Roberge, the Board voted 4 FOR and 0 OPPOSED to adjourn the July 5,
1994, meeting at 8:15 p.m.
These minutes approved this day of `77 , 1994.
Galen Clay, Chairma Bill RobcYge, Vice -Chairman
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