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HomeMy WebLinkAboutMin - Board of Adjustment - 1997 - 01/07 - RegularII BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 7, 1997 Bill Roberge, Chairman Galen Clay, Vice -Chairman Robert Engle David Prall Philip Rich None City Staff Present: Bret McCullough, Building Official Sally Leeper, Administrative Assistant LN -1 min• • ' _ I _ • • • •' With a quorum of the Board present, the Board of Adjustment was called to order at 7.30 p.m. by Chairman Roberge at the Allen Library, Two Allen Civic Plaza, Allen, Texas. Approve Minutes July 2. 1996 (Agenda Item II) Chairman Roberge read the agenda item into the record as follows: "Approve minutes of July 2, 1996, Regular Meeting." MOTION: Upon a motion by Board Member Clay and a second by Board Member Rich, the Board voted 5 FOR and 0 OPPOSED to approve the minutes of July 2, 1996, as presented. BOARD OF ADJUSTMENT January 7, 1997 PAGE 2 Election of Officers (Agenda Item IH) Chairman Roberge read the agenda item into the record as follows: "Election of Officers - Chairman, Vice -Chairman." Board Member Prall placed the name of Bill Roberge in nomination for the office of Chairman. The nomination was seconded by Board Member Rich, and Bill Roberge was elected Chairman by acclamation. Board Member Rich placed the name of Galen Clay in nomination for the office of Vice - Chairman. The nomination was seconded by Board Member Prall, and Galen Clay was elected Vice -Chairman by acclamation. Public Hearing Scott Felder Homes (Agenda Item IV) Chairman Roberge read the agenda item into the record as follows: "Public Hearing - Consider a Request by Scott Felder Homes for a variance to the side yard requirement at 400 Montclair Drive, being Lot 1, Block J, Watters Crossing III, Allen, Texas." 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." Jane Boyett Scott Felder Homes 402 Watters Crossing Ct. Allen, TX 75013 Mitchell Blackburn 3520 Piedmont Plano, TX 75075 L BOARD OF ADJUSTMENT January 7, 1997 PAGE 3 Bret McCullough City of Allen 101 S. Butler Dr. Allen, TX 75013 Mr McCullough presented the request to the Board. He reviewed the requirements of the Comprehensive Zoning Ordinance with regard to allowing variances. The property in question is located in Planned Development No. 26. This zoning district requires a 25' front yard, side yard of 10% of lot width, 15' side yard adjacent to side street, and 2000 sq. ft. house size minimum. The structure in question is 3842 sq. ft. The request is for a variance to the side yard building line of approximately 5 inches. Mr. McCullough added that the ordinance requires a hardship be determined based on the irregular shape of the lot in order to grant this variance. If the variance were considered by the Board, he would suggest granting 6" to be certain the house would fit on the lot. Chairman Roberge opened the public hearing. Jane Boyett, Scott Felder Homes, stated that 2500 sq. ft. And above homes have been built on this 3 side of the street, and this size is dictated by private deed restrictions. The house itself measures it 51" and the encroachment involves the brick ledge. Mr Blackburn discussed his desires to move to Allen and to build this particular home. He discussed the availability of lots by Scott Felder Homes. He discussed the adjoining property owners and provided a letter from the owner of the property to the south. This letter is attached hereto and made a part hereof. He also provided a photograph of the existing homes on the street. He stated that he would prefer not to place the home 15' back from the front building line, which would allow it to fit within the required side yard building lines, and remove the need for a variance. Chairman Roberge closed the public hearing. It was noted that the request is for the front comer of the home only because of the irregular shape of the lot. The Board discussed the irregular shape of the lot and the fact that the request is for the corner of the structure only They further discussed the fact that a house conforming to the zoning on the property would fit on this lot, and that they felt it was the builder's responsibility to make sure a house will fit on a lot before selling the property MOTION A motion was made by Board Member Prall and seconded by Board Member Engle to approve a variance of 6" to the side yard building line on the south (alley) side of the lot and that this action be accomplished by resolution and such BOARD OF ADJUSTMENT January 7, 1997 PAGE 4 resolution should be considered adopted, and the chairman of this board is hereby authorized to sign such resolution. Board Member Rich stated that he feels the problem is that of the builder, not the prospective homeowner Chairman Roberge suggested that since there are no neighbors on either side (a street on the north and an alley on the south) the house will fit on the lot, although set back 15' which would not be cosmetically or aesthetically pleasing. Board Member Clay suggested that a hardship must he shown, and he did not feel it had been proven. Mr. Blackburn suggested that a hardship is involved because the neighbors would prefer to see the house at the front building line rather than set back by 15' The Board voted two FOR and three OPPOSED to the motion, and the motion failed. MOTION: Upon a motion by Board Member Clay and second by Board member Rich, the Board voted 5 FOR and 0 OPPOSED to reconsider the request Board Member Clay read information from the Zoning Ordinance. The Board further discussed �j the irregular shape of the lot and the impact of placing the house 15 feet to the rear of the front building line. Board Member Prall again stated that he felt requiring the house to be built 15' from the front building line would constitute a hardship. Board Member Rich indicated that he feels the builders should not sell homes that do not fit on the lots. Board Member Clay suggested that the 7.5' required on the south side is because of the lot width—if the lot were 65 feet wide, the side yard would be only 6.5' MOTION: Upon a motion by Board Member Prall and a second by Board Member Engle, the Board voted 3 FOR and 2 OPPOSED to approve a variance of 6" to the side yard building line on the south (alley) side of the lot and that this action be accom- plished by resolution and such resolution should be considered adopted, and the chairman of this board is hereby authorized to sign such resolution. The motion failed for lack of 4 concurring votes, and no action was taken. There was no other business. BOARD OF ADJUSTMENT �.J January 7, 1997 PAGE 5 MOTION Upon a motion by Board Member Clay and a second by Board Member Prall, the Board voted 5 FOR and 0 OPPOSED to adjourn the January 7, 1997, meeting at 8.12 p.m. These minutes approved this C d y of a44, 1997 Bill Roberge, Corman (Jate\n clay. Seermry 1 )OPr 0.1\ 0