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Min - Board of Adjustment - 1999 - 07/12 - RegularALLEN BOARD OF ADJUSTMENT REGULAR MEETING JULY 12, 1999 ATTENDANCE: Board Members Present: Robert Engle David Prall Jeff Cocking Randel West Board Members Absent: Galen Clay Bill Roberge City Staff Present: Marcie Diamond, Senior Planner Tom Keener, Development Coordinator Pam Conway, Secretary LI CALL TO ORDER AND ANNOUNCE A QUORUM: With a quomm of the Board Member's present, the Allen Board of Adjustment was called to order at 7:30 p.m., by acting Chairman Cocking, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Approve Minutes Agenda Item II June 1, 1999 Acting Chairman Cocking read the agenda item into the record as follows: "Approve minutes of June 1, 1999, Regular Meeting." Motion: Upon a motion by Board Member Prall and a second by Board Member Engle, the Board voted 4 FOR and 0 OPPOSED to approve the minutes as presented. The Motion Carried. REGULAR MEETING PUBLIC HEARING 403 West Main Agenda Item 111. Acting Chairman Cocking read the agenda item into the record as follows: "Consider a request by Mr. Eric Willard, for a variance to the Comprehensive Zoning Ordinance, Section 3.01,7, Budding Regulations, for preservation of a structure based on PLANNING & ZONING BOARD PAGE 2 JULY 12, 1999 age and design, and Section 4.04,C (3), to waive or reduce the parking requirements. The property is described as being Lot 2A, Block 7 of the Whisenant Addition, an addition to the City of Allen, Collin County, Texas; further described as being located at 403 West Main." Mr. Keener 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." Eric Willard Acting Chairman Cocking opened the Public Hearing. Mr. Keener presented the case to the Board. He stated that it is about a'/. acre parcel, with a wood exterior, called a non -conforming structure. He further explained the non -conforming status. He described the surrounding development. One of the issues is the requirement for the masonry exterior Mr. Keener stated that the City Attorney's office has brought up an issue that this case is not a Variance but a Special Exception. Mr. Keener noted that the structure has a Prairie style architecture. Its age on the county records is that it was built in 1954; however, there is evidence, which Mr. Willard will present tonight, that it is much older. Mr. Keener stated that the second request for the parking requirement to be waived, has been withdrawn. Mr. Eric Willard, 612 Hefner Dr, stated that he has been in Allen for about 6 years. Mr. Willard then presented a video, showing the wood on the interior of the house. He also noted some writing on the wall from 1934. He then presented a second video showing the exterior of the house. He showed the eaves of the house, which he stated was significant for showing the age of the home. He also showed the smokehouse and storm shelter in the back of the property, and stated that the siding appeared to come from a period prior to 1920. The handwriting on the bathroom wall was Mr. Frankie Dutton. In 1934 Mr. Dutton wrote on the walls and Mr. Willard stated that he spoke with Mr. Dutton who gave additional history on the home. Mr. Dutton is 81 years old now and was 16 when he were on the wall. Mr. Willard stated that Mrs. Hefner, a long time Allen resident, gave him some information about who lived in the home before Mr. Dutton. She had stated that the house was built before automobiles. With no one else wishing to speak, the Public Hearing was closed. Board Member Cocking questioned Mr. Keener about the City Attorney's comments regarding the Variance versus Special Exception. He wanted to he sure that the Board understood that they did not need a hardship to be proven. Ms. Diamond stated that was correct, and further explained that this is not based on a hardship but a special exception. PLANNING & ZONING BOARD JULY 12, 1999 PAGE LMotion: Upon a motion by Board Member Pro]] and a second by Board Member West, the Board voted 4 FOR and 0 OPPOSED to approve this request for a Special Exception (variance) to the masonry requirement regarding preservation based on age and design; and that this action be accomplished by resolution and such resolution should be considered adopted, and the Acting Chairman of this board is hereby authorized to sign such resolution. The Motion Carried. Items of Interest to the Board Agenda Item V None Adiourn. Motion: Upon a motion by Board Member Engle and a second by Board Member Prall, the Board voted 4 FOR and 0 OPPOSED to Adjourn the July 12, 1999 meeting at 8:15 p.m. �� These minutes approved this 117 Jeff GL .200 0 _day of 1499 Robert Engle, Board ber