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HomeMy WebLinkAboutMin - Board of Adjustment - 1986 - 09/09 - RegularZONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1986 i REGULAR MEETING ATTENDANCE• Board Members Present: John Karlsruher, Chairman John Cahill, Vice Chairman George Chrisman Harold Biggs Dan Contreras Board Members Absent: Rick Alexander City Staff Present: Bill Petty, Director of Community Development Sally Leeper, Secretary Mel Hilkemeier Ron Gentry, Fire Chief Craig Gillis, Fire Marshall CALL TO ORDER: (Agenda Item I) The September 9, 1986, Regular Meeting of the Allen Zoning Board of Adjustment was called to order at 7:42 p.m. at the City Council Chambers, Allen Municipal Annex, One Butler Circle, Allen, Texas. Approve Minutes August 12, 1986 (Agenda Item II) Chairman Karlsruher read the agenda item into the record as follows: "Approve minutes of August 12, 1986, Regular Meeting." MOTION: Upon a motion by Board Member Chrisman and a second by Board Member Cahill, the Board voted 5 FOR and 0 OPPOSED to approve the minutes of August 12, 1986, as presented. The motion carried. L I I ALLEN ZONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1986 PAGE TWO Public Hearing Mr. Rick Zampino 1503 Spring Street (Agenda Item III) Chairman Karlsruher read the agenda item into the record as follows: "Consider approval of a request by Mr. Rick Zampino for a varianceto allow a structure in the side yard of Lot 42, Block 2, of the Cottonwood Bend 3 Addition to the City of Allen, otherwise known as 1503 Spring Street, Allen, Texas." Mr. Bill Petty discussed this item with the Board. He discussed the safety factors and conditions with regard to the violation under consideration. This structure is in violation of the Uniform Building Code and the CABO Code for the following reasons: 1. The building was constructed without a permit; 2. Failure to provide a fire wall separation in conformance with the Uniform Building Code. It is in violation of the Comprehensize Zoning Ordinance for the following reason: 1. The Comprehensive Zoning Ordinance, with reference to Planned Development No. 13, Cottonwood Bend No. 3, Ordinance No. 459-9-83, requires an open and unobstructed side yard. At this time Mr. Petty presented pictures of the structure to the Board that staff had received from the proponent. He stated that the structure is a well constructed patio deck. Normally, this type of violation would be addressed at the time of submission of a building permit. At this time Mr. Petty discussed for the benefit of the audience the reasons for City ordinances. Mr. Craig Gillis, Fire Marshall, addressed the Board and the audience with regard to fire safety, and the problems inherent to gas grills and hot tubs which are often associated with decks of this nature. He discussed insurance rates for the City of Allen and how this type of variance could affect the rates. He further discussed the possibility of a legal situation being created by a variance of this nature if a fire were ever to be involved. He stated that the Fire Department would not approve of this structure. ALLEN ZONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1986 PAGE THREE a Public Hearing Mr. Rick Zampino 1503 Spring Street (Cont.) (Agenda Item 111) Mr. Petty reiterated that the purpose of this particular ordinance is for safety. He stated that if a permit had been requested, which it was not, the location of this deck would have been addressed at that time. He submitted to the Board a copy of the deed restrictions provided by Landmark Homes as available to all home purchasers which restricts the building of structures in a side yard. The deed restrictions also require that architectural plans be submitted to the architectural committee for review. At this time the Board reviewed the deed restrictions. Mr. Rick Zampino, proponent in this case, 1503 Spring, addressed the Board, and presented additional pictures of the structure. He advised the Board that it is his feeling that there is no fire hazard involved in this case, and that he considers a maintenance space of 10 feet is kept between the two structures. He discussed the fact that the sliding glass doors are on the side of his home, L and that the salesman from Landmark indicated that there were no deed restrictions. He is asking how he can keep the structure in place. Mr. John Gill advised him that there is a deck on one of the homes that is used for sales demonstrations. He stated there is no entrance to the back yard, only the sliding doors on the side. A cement slab had been located beside the doors. He added that there is a culvert in this location for drainage purposes. Chairman xarlsruher opened the public hearing. The following persons spoke FOR the proposed variance: Mr. William Stetson, Allen, Texas, questioned the need and desire for ordinances in the City of Allen. He asked that the City give proponent alternatives for building a deck. He added that he thinks the structure is very nice. Mr. Tom Thacker, 651 Meadowbrook, stated his survey shows no restrictions on the side lot line or deed restrictions, and that Landmark gave them the impression that there were no restrictions. Mr. Mike Clark, Dallas, stated there was no obstruction for the fire department in this structure. He stated he did not feel that this deck was flammable to a dangerous degree. He stated he had offered to raise the ground level to the deck if this would help the situation, and advised he was the contractor in this case. He added that the lack of a building permit was an oversight on his part. ALLEN ZONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1986 PAGE FOUR Public Hearing Mr. Rick Zampino 1503 Spring Street (Cont.) (Agenda Item III) Mr. Glen Breninger, 653 Meadowbrook, asked if a swing set would be considered an obstruction. When they bought their home, Landmark offered to build a deck for them. Mrs. Cynthia Thacker, 651 Meadowbrook, also stated that Landmark had offered to build a deck for them in the side yard and that there were no deed restrictions. Mr. Tom Lefingwell, 707 Spring, stated he agreed that there was no additional fire hazard caused by this structure. He feels the negligence here is from Landmark. No one present here tonight seems to be aware of the deed restrictions. His neighbor had Landmark build a deck after the City inspection was complete on his home. He stated he understood at this time the deck has been red flagged. He was not aware a permit would be required for a deck. Chairman Rarlsruher addressed the questions brought out at this point in the meeting. As to home improvements without ordinances, he stated the purpose of the Zoning Ordinance 366-10-81, reading page 2, paragraph 1.02 of the ordinance. Board Member Contreras stated that he was aware of information being made available to homeowners regarding the need for building permits. Mr. Petty advised that every effort is made to inform the public that building permits are needed. In addition, he agrees that there is a responsibility on behalf of the builder to advise buyers of this need. He added further that any City in this area has the same ordinances and regulations. The contractor in this case had a responsibility to obtain a permit. At this time Mr. Petty discussed the equitability of applying ordinances. As to the question of swing sets, he stated that they are not considered a structure. A patio on the ground would not be considered a structure if it does not exceed 6" above ground level. However, if it is wood, a transmitter of fire, then the home must be protected by use of a fire wall. In this area there are three similar situations, one being on a model home. j Each of these property owners has been advised of violation and each was erected without a building permit. A ALLEN ZONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1986 PAGE FIVE Public Hearing Mr. Rick Zampino 1503 Spring Street (Cont.) (Agenda Item III Ron Gentry, Fire Chief, discussed an additional ordinance of the City which requires Class C roofing material. The roofs on the homes in this area are all Class C. He further discussed the hazards of the superstructure included in this deck. Craig Gillis further discussed the problem of accessibility for fighting fire. Mr. Petty again stated that if a deck is more than 6 inches above ground level and made of wood, then it must be at least three feet from adjacent structures. The following person spoke AGAINST this proposed variance. Mr. Chris Cravens, 1500 Mountainside, stated he questioned the judgement of Mr. Zampino's contractor to construct a structure that overhangs the house next door. He asked if possibly proponent could remove the vertical structure. Chief Gentry stated that he had spoken with the sales manager of Landmark who advised that he was concerned with the structure being above the adjacent home which is not sold at this time. Mr. Petty advised he had spoken with Mr. Lloyd Jones of Landmark of this public hearing and had been advised that one of their salesmen would attend. It was noted that no one was in the audience from Landmark Homes. Board Member Cahill stated that he would like to have Landmark confirm to the City that they have received information regarding the deed restrictions. Mr. Petty stated that the requirements were established by zoning and Landmark filed the deed restrictions. Chairman Karlsruher discussed the process of zoning. Mr. Zampino stated he was willing to remove the top of the structure. The contractor stated that they could cut back on the trellis portion of the structure, and Mr. Zampino stated he would be in agreement with this. Chairman Karlsruber closed the public hearing. 0 ALLEN ZONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1986 PAGE SIX Public Hearing Mr. Rick Zampino 1503 Spring Street (Cont.) (Agenda Item III Board Member Cahill stated he feels this structure is a hazard as it now exists. He discussed the possibility of removing 3 feet from the structure and removing the superstructure. Board Member Biggs stated he was concerned that no permit was requested at the beginning. He questioned the Fire Marshall regarding a compromise. He asked if he would consider removal of three feet and the superstructure. Mr. Gillis stated as far as fire safety is concerned, this would help the situation. Board Member Chrisman stated the zoning ordinances have been approved and are public knowledge. He feels residents are advised that permits are required. He stated that this case is clearly negligence on the part of the contractor to apply for the permit, and discussed the similar ordinances in Plano, Richardson and Dallas. This is a violation of the ordinances of the City of Allen, and is a safety hazard. Some modification is necessary. Board Member Contreras stated that the proper permits should have been secured for the construction. Even if some compromise could be reached, there is still a concern that the structure would be in violation of the homeowners deed restrictions. Chairman Karlsruher stated he had the same concerns as above; i.e., no permit being applied for, the deed restrictions being a legal problem if the property were ever to change hands. He reviewed items from the Comprehensive Zoning Ordinance, and reminded the Board that they have 90 days to arrive at a decision on this case. Board Member Cahill questioned the City's authority with regard to the deed restrictions and Mr. Petty advised that the City would not have authority to enforce the deed restrictions. The property owners in the area have authority to file a civil suit against the violator. Mr. Petty stated that the Board certainly should gather any information necessary before granting a decision; however, if staff feels there is a real and immediate danger, then as Chief Building Official, he could override that decision and could at least withhold a Certificate of Occupancy on the house adjacent to this property. It was pointed out later that the adjacent property has already been given its final inspection and issued a Certificate of Occupancy. E ALLEN ZONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1986 PAGE SEVEN Public Hearing Mr. Rick Zampino 1503 Spring Street (Cont.) (Agenda Item III) Board Member Chrisman stated he was not interested in working on a compromise that would include engineering this structure with regard to drainage and redesign. Board Member Chrisman stated he was not in favor of tabling this item, but he was not comfortable in engineering a new design outside the Comprehensive Zoning Ordinance. Mr. Petty stated that the Fire Code and Building Code have already made the determination that this structure is a danger, that there are three violations of the ordinance punishable by penalty; however, no charges have been filed and staff recognizes that proponent is not in this position by malintent. If a variance is not granted, staff will have to ask for removal or issue citations. Board Member Cahill stated that with the elimination of the super- structure, and dropping the deck back by three feet, the hazard would be reduced. Board Member Biggs discussed the large number of garden homes that are zoned in the City and Chairman Karlsruher discussed the insinuations that have been made that Landmark had advised prospective buyers that structures would be allowed in the side yards. Board Member Chrisman stated this issue needs to be between the homeowners and the builder. Board Member Cahill stated he feels that the Board should abide by the code as written, and that the project should not be authorized as presented. He feels it is the responsibility of the Board to protect not only the property owner, but the community as a whole. MOTION: Upon a motion by Board Member Cahill and a second by Board Member Biggs, the Board voted 5 FOR and 0 OPPOSED to deny the variance and proponent be advised to comply with the City of Allen and remove the structure for the safety and welfare of the general public as well as the residents. ALLEN ZONING BOARD OF ADJUSTMENT SEPTEMBER 9, 1986 PAGE EIGHT Adjourn: MOTION: Upon a motion by Board Member Contreras and a second by Board Member Chrisman, the Board voted 5 FOR and 0 OPPOSED to adjourn the September 9, 1986, meeting of the Allen Zoning Board of Adjustment at 10:35 p.m. These minutes approved this 1111a day ofy.Q�,p� 1986. J n Karlsruher, Chairman ,�J hn Cahill, Vice- hairman