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HomeMy WebLinkAboutMin - Board of Adjustment - 1996 - 06/04 - RegularATTENDANCE. Commission Members Present: Bill Roberge Ray Lewis Perry Fourrier, Alternate Galen Clay Philip Rich Additional Member Attendance: David Prall (arrived 7:45 p.m.) Jeff Cocking, Alternate Commission Members Absent: None j City Staff Present Bret McCullough, Building Official Sally Leeper, Administrative Assistant CALL TO ORDER AND ANNOUNCE A OUORUM: With a quorum of the Board members present, the Allen Board of Adjustment was called to order at 7:30 p.m. by Chairman Roberge at the City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes May 7. 1996 (_Agenda Item II) Chairman Roberge read the agenda item into the record as follows: Approve minutes of May 7, 1996, Regular Meeting. MOTION Upon a motion by Board Member Rich and a second by Board Member Fourrier, the Board voted 5 FOR and 0 OPPOSED to approve the minutes of i May 7, 1996, as presented. CITY OF ALLEN BOARD OF ADJUSTMENT REGULAR MEETING JUNE 4, 19% ATTENDANCE. Commission Members Present: Bill Roberge Ray Lewis Perry Fourrier, Alternate Galen Clay Philip Rich Additional Member Attendance: David Prall (arrived 7:45 p.m.) Jeff Cocking, Alternate Commission Members Absent: None j City Staff Present Bret McCullough, Building Official Sally Leeper, Administrative Assistant CALL TO ORDER AND ANNOUNCE A OUORUM: With a quorum of the Board members present, the Allen Board of Adjustment was called to order at 7:30 p.m. by Chairman Roberge at the City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes May 7. 1996 (_Agenda Item II) Chairman Roberge read the agenda item into the record as follows: Approve minutes of May 7, 1996, Regular Meeting. MOTION Upon a motion by Board Member Rich and a second by Board Member Fourrier, the Board voted 5 FOR and 0 OPPOSED to approve the minutes of i May 7, 1996, as presented. BOARD OF ADJUSTMENT JUNE 4, 1996 PAGE 2 Public Hearing 2033 Greenfield Lane (Agenda Item III) Chairman Roberge read the agenda item into the record as follows: "Public Hearing - Consider a Request by Landstar Homes for a variance to the rear yard requirement at 2033 Greenfield Lane, being Lot 35, Block B, Custer Hills Phase A Addition, 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 John Calandra 330 E. Main Lewisville, Texas Vince Cuellar 1801 Spring Creek Parkway - DI Plano, Texas Mr. Bret McCullough presented the request to the Board. He stated that the Board has the authority to hear the this case under Section 4.04.3.C.I of the Comprehensive Zoning Ordinance. However, staff does not feel this particular lot represents an irregular shape, thus creating a hardship. The zoning is Planned Development No. 56, which requires a 25 -foot front yard building side, side yards of 10% of lot width, and a rear building line of 15 feet. The request is for a variance to the rear building line of 1.9 feet. Mr. McCullough noted that the front building line is platted straight across the lot rather than taking the arc of the street. The applicant is proposing to building a 2023 air conditioned square foot home, while the El minimum home in this development is 1400 air conditioned square feet. Staff is of the opinion Mike Robertson Landstar Homes 2085 Cameo Drive Lewisville, Texas John Calandra 330 E. Main Lewisville, Texas Vince Cuellar 1801 Spring Creek Parkway - DI Plano, Texas Mr. Bret McCullough presented the request to the Board. He stated that the Board has the authority to hear the this case under Section 4.04.3.C.I of the Comprehensive Zoning Ordinance. However, staff does not feel this particular lot represents an irregular shape, thus creating a hardship. The zoning is Planned Development No. 56, which requires a 25 -foot front yard building side, side yards of 10% of lot width, and a rear building line of 15 feet. The request is for a variance to the rear building line of 1.9 feet. Mr. McCullough noted that the front building line is platted straight across the lot rather than taking the arc of the street. The applicant is proposing to building a 2023 air conditioned square foot home, while the El minimum home in this development is 1400 air conditioned square feet. Staff is of the opinion A I BOARD OF ADJUSTMENT JUNE 4, 1996 Public Hearing 2033 Greenfield Lane (Cont.) PAGE 3 that this request reflects convenience rather than a hardship. He noted that there are approximately 13 to 15 lots in Phases A and B with this configuration. Mr McCullough added that concerns mentioned by the applicant in their letter of request were the result of a misunderstanding of information he provided at their meeting earlier this year Chairman Roberge opened the public hearing. Mr Mike Robertson, Landstar Homes, discussed the irregular shape of the lot. He stated that he had a concern regarding the measurement of the rear yard building line where lots have a curve. He stated that he had discussed this issue with City staff earlier this year, and as a result of that conversation, it was his understanding that he needed 18 feet from the garage door to the alley With this understanding, his company offered this lot for sale. He added that there are no homes currently in this development that are 1400 square feet. They do not currently have any plans that will fit this lot. He added that for the future they are designing a product that will work on these lots. Mr Vince Cuellar, Sales Representative at Custer Hill, stated that in January the question about releasing these lots was discussed with City staff. This lot was sold in April. He stated that the proposed buyer was willing to sign any waiver requested by the Board. Mr John Calandra, builder in Custer Hill, agreed with Mr Robertson, and also stated that he has worked with City staff for over a year and has been very pleased during this time. He stated he felt that during the preliminary review by staff it had been agreed that this home would be allowed in this configuration. He stated that the arc in the rear was never specifically discussed at that meeting Chairman Roberge closed the public hearing. Board member Clay questioned Mr McCullough about which dimension on the plot plan that was in question. Mr McCullough stated that the 13.1 and 14.5 are both in question, requiring a variance of 1.9 feet. He added that staff had measured the rear building line in the most lenient manner. The front building line is platted. Board Member Clay questioned the fencing requirement, and Mr McCullough stated that the fence can be located on the property line Board Member Clay questioned whether staff was recommending or not recommending the variance. Mr McCullough stated that it is staffs opinion that the irregular shape of the lot does not constitute a hardship: however, staff is not making a recommendation Board Member Rich questioned the understanding reached at the preliminary review meeting. �+ BOARD OF ADJUSTMENT JUNE 4, 1996 Public Hearing 2033 Greenfield lane (Cont.) I PAGE 4 (Agenda Item III) Mr McCullough stated that the 18 -foot length from the garage to the property line was discussed. This is a requirement for the entire City This does not remove the 15 -foot rear yard building line. He added that the rear building line is measured perpendicular to the structure. Board Member Rich questioned whether any construction had begun on the property, and Mr. Robertson stated that none had begun, as no permit had been issued. He added that the believes this is an irregular shaped lot. He had discussed taking square footage out of the house and the buyer has indicated that this would not be agreeable to them. Board Member Clay discussed the fact that the subdivision was platted allowing for smaller homes. Mr Robertson stated that he feels he is before the board because of the earlier meeting with City staff when they had an understanding that this plan would be approved. He feels this is a hardship on his company because of that understanding. He stated that they were told that the main criteria was the 18 -foot driveway (from the garage door to the alley). Mr. Robertson stated he is attempting to address this issue on Phase B through an amendment to that plat. Board Member Clay discussed the numerous lots in this subdivision that are of this shape, and indicated that an approval of this request could have an implication for those other lots. He indicated that a home can be built on this lot without a variance; however, this particular builder may not have plans that will fit at this time. Mr Robertson and Mr Cuellar added that if this variance is granted, they will continue to work on new plans that will fit within the building lines. Board Member Fourrier indicated that he felt the builders have the experience to understand the rules regarding the rear building line. The understanding regarding the distance the garage must be from the alley does not mean that the building line regulations would not have to be met. Mr. Robertson discussed the method that different cities use to measure the rear building line. He reiterated that it was his understanding that all that was needed was the 18 feet of driveway He understood that the curve would be treated as if it were a straight line. Board Member Clay further discussed the fact that the subdivision was designed to allow 1400 square foot homes. I 11 BOARD OF ADJUSTMENT JUNE 4, 1996 Public Hearing 2033 Greenfield Lane (Cont.) PAGE 5 (Agenda Item III) MOTION: Upon a motion by Board Member Clay and a second by Board Member Rich, the Board voted 5 FOR and 0 OPPOSED to deny the request for variance at 2033 Greenfield Lane based don the fact that the subdivision was originally designed to accommodate a minimum house size of 1400 square feet. He added that this action should be made by resolution and the chairman is hereby authorized to sign such resolution. Public Hearing 2005 Wrotham Lane (Agenda Item IV) Chairman Roberge read the agenda item into the record as follows: "Public Hearing - Consider a Request by Landstar Homes for a variance to the rear yard requirement at 2006 Wrotham Lane, being Lot 15, Block B, Custer Hills Phase A Addition, Allen, Texas." The proponent requested that this item be withdrawn from consideration, and no further action was taken. Ms. Sally Leeper reminded that members that the Building Standards Committee will be presenting the report on fire sprinklers to the City Council on Thursday, June 6, 1996. ADJOURN: MOTION Upon a motion by Board Member Clay and a second by Board Member Fourrier, the Board voted 5 FOR and 0 OPPOSED to adjourn the June 4, 1996, meeting at 8:16 p.m. These minutes approved this day G ,7.4 of 1996 r, Bill Roberge, airman RayAewis, Vice -Chairman