Min - Board of Adjustment - 1996 - 07/02 - RegularATTENDANCE
Commission Members Present:
Bill Roberge
Ray Lewis
David Prall
Galen Clay
Philip Rich
Additional Member Attendance:
Perry Fourrier, Alternate
Commission Members Absent:
None
City Staff Present
Bret McCullough, Building Official
Cindy McSperitt, Permit Technician
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Board members present, the Allen Board of Adjustment was called to
order at 7:30 p.m by Chairman Roberge at the City Council Chambers, One Butler Circle,
Allen, Texas.
Approve Minutes
June 4. 1996 (Agenda Item III
Chairman Roberge read the agenda item into the record as follows:
Approve minutes of June 4, 1996, Regular Meeting.
MOTION Upon a motion by Board Member Rich and a second by Board Member Lewis,
the Board voted 5 FOR and 0 OPPOSED to approve the minutes of June 4,
1996, as presented
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CITY OF ALLEN
BOARD OF ADJUSTMENT
REGULAR MEETING
JULY 2, 1996
ATTENDANCE
Commission Members Present:
Bill Roberge
Ray Lewis
David Prall
Galen Clay
Philip Rich
Additional Member Attendance:
Perry Fourrier, Alternate
Commission Members Absent:
None
City Staff Present
Bret McCullough, Building Official
Cindy McSperitt, Permit Technician
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Board members present, the Allen Board of Adjustment was called to
order at 7:30 p.m by Chairman Roberge at the City Council Chambers, One Butler Circle,
Allen, Texas.
Approve Minutes
June 4. 1996 (Agenda Item III
Chairman Roberge read the agenda item into the record as follows:
Approve minutes of June 4, 1996, Regular Meeting.
MOTION Upon a motion by Board Member Rich and a second by Board Member Lewis,
the Board voted 5 FOR and 0 OPPOSED to approve the minutes of June 4,
1996, as presented
i
BOARD OF ADJUSTMENT
JULY 2, 1996 PAGE 2
Public Hearing
828 Sterling Court (Agenda Item I1I)
Chairman Roberge read the agenda item into the record as tollows-
"Public Hearing - Consider a Request by Horton Homes and Katy and Shelly Cooper
for a variance to the front yard requirement at 828 Sterling Court, being Lot 17, Block
A. Cottonwood Bend Estates I, Allen, Texas.
Ms. Cindy McSperitt, Permit Technician, 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, Building Official
City of Allen
101 S. Butler Drive
Allen, Texas 75013
El Shelly Cooper
5451 Independence Pkwy
Plano, TX 75023
Katy Cooper
5451 Independence Pkwy
Plano, TX 75023
Myra Rix
110 Shepard Glen
Rockwall, TX
Mr Bret McCullough presented the request to the Board. He stated that the Board has the
authority to hear the this case under Section 4.04.3.C.1 of the Comprehensive Zoning
Ordinance. However, staff does not feel this particular lot represents an irregular shape, thus
creating a hardship. The zoning is Planned Development No. 50, and this lot requires a 20 -
foot front yard building line, side yard budding lines of 10`7 of lot width, and 15 -foot rear
yard building line. The request is for a variance to the front building line of 5 feet. Mr.
McCullough indicated that a variance is not needed in order to place a structure on this lot
within the required yard setbacks. A permit was, in fact, issued on this structure. He further
indicated that he is not aware of any front building lines within the City of Allen less than 20
3 feet in single family zoning districts. Mr McCullough stated that it is staffs opinion that the
request reflects convenience rather than a hardship.
BOARD OF ADJUSTMENT
JULY 2, 1996
Chairman Roberge opened the public hearing.
PAGE 3
Mr Katy Cooper stated he was requesting this variance to allow the home to be built closer to
the front property line. He discussed the safety of his three small children, the noise level
from the alley traffic, the depth of the lot, the 20 -foot length of the drivewa, and the desire for
a better view of the park. He provided photographs of other lots in this subdivision, and
expressed concern regarding the resale value of this property
Ms. Myrna Rix, spoke in favor of the request. She indicated that this was the worst shape lot
in the area.
Chairman Roberge closed the public hearing.
The Board discussed the fact that a building permit is already issued on this home, and that the
home does fit on the lot within the confines of the building lines. There are no trees on this
lot, which could have created a need for a variance. Chairman Roberge indicated that even
though variances had been issued on nearby properties for various reasons, each case must
stand on its own merit.
MOTION: Upon a motion by Board Member Clay and a second by Board Member Rich,
the Board voted 5 FOR and 0 OPPOSED to deny the request for variance by
Horton Homes and Katy and Shelly Cooper. This action should be
accomplished by resolution and such resolution should be considered adopted.
The chairman of this Board is hereby authorized to sign such resolution.
OTHER BUSINESS
There were no other items of discussion.
ADJOURN
MOTION Upon a motion by Board Member Prall and a second by Board Member Lewis,
the Board voted 5 FOR and 0 OPPOSED to adjourn the July 2, 1996, meeting
at 8:05 p m.
These minutes approved this day /��
f a 1991
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Bill Roberge, O airman e -Chairman