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HomeMy WebLinkAboutMin - Board of Adjustment - 1996 - 05/07 - RegularCITY OF ALLEN BOARD OF ADJUSTMENT REGULAR MEETING MAY 7, 1996 Commission Members Present Bill Roberge Ray Lewis Perry Fourrier, Alternate David Prall Commission Members Absent: Galen Clay Philip Rich City Staff Present: Bret McCullough, Building Official Sally Leeper, Administrative Assistant ••'•O • •' With a quorum of the Board members present, the Allen Board of Adjustment was called to order at 7.30 p.m. by Acting Chairman Roberge at the City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes June 6. 1995 (Agenda Item IIl Acting Chairman Roberge read the agenda item into the record as follows: "Approve minutes of June 6, 1995, Regular Meeting." MOTION: Upon a motion by Board Member Fourrier and a second by Board Member Lewis, the Board voted 4 FOR and 0 OPPOSED to approve the minutes of June 6, 1995, as presented. I BOARD OF ADJUSTMENT MAY 7, 1996 PAGE 2 (Agenda Item IIIl Acting Chairman Roberge read the agenda item into the record as follows: "Election of Officers - Chairman, Vice -Chairman." Board Member Fourrier placed the name of Bill Roberge in nomination for the office of Chairman. The nomination was seconded by Board Member Pratt. With no other nominations, Bill Roberge was elected Chairman. Board Member Prall placed the name of Ray Lewis in nomination for the office of Vice - Chairman. With no other nominations, Ray Lewis was elected Vice -Chairman. Public Hearing 828 Weeping Willow Court (Agenda Item IID Chairman Roberge read the agenda item into the record as follows: "Public Hearing - Consider a Request by Mr. Michael Oliver for a variance to yard requirements at 828 Weeping Willow Court, being Lot 43, Block A, Cottonwood Bend Estates I, Allen, Texas." Ms. Sally Leeper, Administrative Assistant, 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 Mr. Michael Oliver 3029 Forest Dale Lane Balch Springs, Texas 75180 Caran Eldridge 830 Weeping Willow Court Allen, Texas 75002 BOARD OF ADJUSTMENT MAY 7, 1996 Chairman Roberge opened the public hearing. PAGE 3 Mr. McCullough, Building Official, presented the request to the Board and verified the authority of the Board to hear this request. He advised the Board that Planned Development No. 50 requires a 25 -foot front yard building line, a 15 -foot rear yard building line, a minimum house size of 1600 square feet. The house in this request is 1981 square feet. The side yard requirement is 10% of the lot width, or 6.4' on each side. The request is for a variance to the front, rear, or a combination of front and rear building lines. He indicated that any action on that request, if approved, will need to net a 6.4' side yard. Mr Michael Oliver indicated that after the forms survey was completed, it was determined that the house would not fit on the lot. It appears to be over the rear building line by 5 feet. He discussed the possibility of bringing the house forward to line up with the 25 -foot building line. This would encroach the 20 -foot front arc building line. This would mean that the bay window would encroach the 25 -foot building line. Ms. Caran Eldridge, 830 Weeping Willow Court, spoke in favor of the request except that she was not in favor of the bay window encroaching the 25 -foot front building line. �9 Mr. McCullough advised the Board that a box window that would not go all the way to the foundation nwould not be required to be placed behind the building line. This bay window is supported by the foundation, and therefore must be behind the building line. Chairman Roberge closed the public hearing. Discussion was held among the Board Members regarding the fact that the existing dwellings on this street are placed on the front building line, and appear to be constructed in a straight line. They discussed the fact that the forms were set without a permit, and that the permit had in fact since that time been denied. It was indicated that builders should be more aware of whether a house will St on a particular lot before placing forms. Mr McCullough indicated that forms were set at the builder's risk. Additional variances that have been issues in this area for reasons of tree preservation were discussed by Ms. Eldridge. Mr. McCullough indicated that authority of the Board to grant this variance would be based on the irregular shape of this lot. Safety issues were discussed regarding the location of the building near the alley curve. Mr. Oliver questioned where his future fence could be located on this lot, and Mr. McCullough ■`i, indicated it could be located on the property line up to the front building line. BOARD OF ADJUSTMENT MAY 7, 1996 PAGE 4 Mr. McCullough indicated that this situation is fairly common; however, this case is brought before the Board because of the irregular shape of the lot. MOTION: Upon a motion by Board Member Fourrier and a second by Board Member Lewis, the Board voted 4 FOR and 0 OPPOSED to grant a 1.5 -foot encroachment of the bay window across the 25 -foot front building line, a 5 -foot encroachment of the dwelling across the 20 -foot front building line along the arc; and a maximum of 1 -foot encroachment to the rear building line, with the understanding that the side yard building line would he conformance with the requirements of this zoning district. It was included that this action shall be accocmplished by resolution and such resolution should be considered adopted, and the chairman of this Board is hereby authorized to sign such resolution. OTHER BUSINESS: Chairman Roberge requested that future requests be presented in a more legible format and that a site location map be included. A MOTION Upon a motion by Board Member Prall and a second by Board Member Fourrier, the Board voted 4 FOR and 0 OPPOSED to adjourn the May 7, 1996, meeting at 8:22 p.m. These minutes approved this day T of , 1996. v Bill Roberge. C&rman Ray Lewis, Vice -Chairman E