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HomeMy WebLinkAboutMin - Board of Adjustment - 1991 - 07/30 - Special CalledALLEN ZONING BOARD OF ADJUSTMENT CALLED SPECIAL MEETING JULY 30, 1991 ATTENDANCE: Board Members Present: Galen Clay Ray Lewis Ed Terrell Steve Allen Jeff Cocking, Alt. Board Members Absent: Bill Roberge City Staff Present: Bill Petty, Director of Community Development Sally Leeper, Secretary CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Allen Zoning Board of Adjustment present, the meeting was called to order at 7:30 p.m. by Chairman Clay at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes November 6, 1990 (Agenda Item II) Chairman Clay read the agenda item into the record as follows: "Approve minutes of November 6, 1990, Called Special Meeting." MOTION: Upon a motion by Board Member Terrell and a second by Board Member Lewis, the Board voted 5 FOR and 0 OPPOSED to approve the minutes of November 6, 1990, as presented." ALLEN ZONING BOARD OF ADJUSTMENT JULY 30, 1991 PAGE 2 Public Hearing Mr. Dale Williams (Agenda Item III) Chairman Clay read the agenda item into the record as follows: "Public Hearing - Consider a request by Mr. Dale Williams on property located at Lot 5, Block 6, Allenwood Estates #2 Addition to the City of Allen. The request is for a variance to build a 1500 square foot residential structure as opposed to the 1800 foot requirement in a Residential -3 District, Comprehensive Zoning Ordinance No. 829-11-87, and to confirm the nonconforming status of the lot size platted prior to zoning." Ms. Leeper read into the record a letter from Mr. Kerry D. Holloman authorizing his father, Joe K. Hollomon, to speak on his behalf at the public hearing. This letter is attached hereto. An oath was administered by Ms. Leeper to the following persons who identified themselves as wishing to testify before the Board in this case: Mr. Bill Petty, City of Allen, Director of Community Development One Butler Circle Allen, TX 75002 Mr. Dale Williams Rt 1, Box 30AA Trenton, TX 75490 Mr. Mike Williams 2420 Forest Grove Estates Allen, TX 75002 Mr. Joe Hollomon P. O. Box 744 Anna, TX 75409 Mr. Petty presented the request to the Board. The subject property is platted and is an approximate 9,000 sq. ft. lot; the current zoning requires lot sizes of a minimum 12,000 sq. ft. The City of Allen Subdivision Ordinance allows that a platted lot takes precedence over future zoning; therefore, this lot enjoys nonconforming status. The proponent is requesting confirmation of this from the board to satisfy any future questions. The proponent was advised by city staff that an R-3 district requires an 1800 sq. ft. home, and he has stated that they have reason to believe that the average existing home size in this area is less than 1800 sq. ft. He stated that if he is required to build an 1800 sq. ft. home, it would create a financial hardship for him because he would be overbuilding the area, and the home might have a lesser value upon completion than the actual construction cost. ALLEN ZONING BOARD OF ADJUSTMENT JULY 30, 1991 PAGE 3 Public Hearing Mr. Dale Williams (Cont.) (Agenda Item III) Mr. Petty advised the board that, under the Zoning Ordinance 829-11-87, they can act on variance requests. At this time, he read Section 4.04-3-c-2 into the record. Chairman Clay opened the public hearing. Mr. Dale Williams, current property owner, stated he is attempting to sell this lot, as he has no need for it at this time. He has a contract pending with the stipulation that a variance be granted for the 1500 sq. ft. home. He discussed the house sizes currently in the neighborhood. He stated houses on this same side of Watson average 1460 sq. ft. On the same street, there are 20 houses and only 6 are 1500 sq. ft. or more. Of these 6, 2 were additions. The house west of the subject lot is 1457 sq. ft. The house on the other side of 1079 sq. ft. The house directly behind the subject lot is 1360 sq. ft. Of the 32 houses on Allen- wood, only 6 are 1500 sq. ft. or more. He stated that to build an 1800 sq. ft. home would place an undue hardship on him, and he is requesting a variance to that requirement. He discussed the trees on this lot, and added that a larger house would necessitate removal of some of the trees. Mr. Mike Williams stated that, real estate associate, he was available if there are any questions. Board Member Terrell questioned staff as to notification of adjacent property owners, and Mr. Petty advised that state law requires all property owners within 200 feet be notified, and this was accomplished. Board Member Terrell questioned the proponent as to the commitment to build this home, and Mr. Hollomon stated that his son, who is purchasing the property, intends to build in approximately 2 years. The Board discussed the current zoning in this area and the fact that there are 3 lots remaining in this subdivision. Cbairman Clay closed the public hearing. The Board discussed the request, and Board Member Terrell stated that he feels the proposal would be appropriate at this time. Board Member Lewis stated he would be in favor of the request because building a home larger than the existing homes in the neighborhood would create a financial loss for the proponent. Board Member Cocking stated he considered the request appropriate because the property was platted before the zoning was granted. Chairman Clay stated if granted, the variance will exist with the property, no matter who has ownership. J Board Member Cocking asked if the variance would change any of the setback requirements under the R-3 District and the reply was that the variance request- ed was only for size of dwelling. There is a 30 -foot front yard setback on this property. 1 L ALLEN ZONING BOARD OF ADJUSTMENT JULY 30, 1991 PAGE 4 Public Hearing Mr. Dale Williams (Cont.) (Agenda Item III) MOTION: Upon a motion by Board Member Allen and a second by Board Member Terrell, the Board voted 5 FOR and 0 OPPOSED to adopt a resolution granting the variance requested for a 1500 -sq. ft. home and confirm- ing the nonconforming status of the lot size. Adjourn MOTION: Upon a motion by Board Member Terrell and a second by Board Member Lewis, the Board voted 5 FOR and 0 OPPOSED to adjourn the July 30, 1991, meeting of the Allen Zoning Board of Adjustment at 9:00 P.M. These minutes approved this 1_45 day of 1991. Galen Clay, Chairmo Ed Terrell, Vice -Chairman Lz t Board of Adjustments City of Allen Texas One Butler Circle Allen, TX 75002 July 29,1991 This letter serves as authorization for Joe K. Hollomon to act on behalf of and in the interest of Kerry D. Hollomon in all matters during the hearing (Case N ZV 7-1-91-1) that is scheduled for July 30, 1991. This hearing has been called to decide the matters brought before the Board in a letter signed by Dale N. Williams and Kerry D. Hollomon. Unfortunately, I will be attending my MBA course, Managerial Finance, the night of July 30. I want to assure the Board that I am serious about the questions before the Board and regret not being able to attend. Sincerely, Kar—ry D.Hollomon Before me, a Notary Public, on this day personally appeared Kerry D. Hollomon, known to me to be the person whose mark is made on the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed. Given under my hand and seal of office this -LqA� day o1,Q„/, 1991. M County, Texas Notary blic in and for Dallas M