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HomeMy WebLinkAboutMin - Board of Adjustment - 1999 - 06/01 - RegularATTENDANCE: Board Members Present Bill Roberge David Prall Jeff Cocking Randel West Board Members Absent: Galen Clay Robert Engle City Staff Present Marcie Diamond, Senior Planner Pam Conway, Secretary Tom Keener, Development Coordinator CALL TO ORDER AND ANNOUNCE A OUORUM With a quorum of the Board Member's present, the Allen Board of Adjustment was called to order at 7:39 p.m., by Chairman Roberge, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Approve Minutes Agenda Item 11 April 26, 1999 Chairman Roberge read the agenda item into the record as follows: "Approve minutes of April 26, 1999, Regular Meeting." Motion: Upon a motion by Board Member Prall and a second by Board Member Cocking, the Board voted 4 FOR and 0 OPPOSED to approve the minutes of April 26, 1999 as presented. REGULAR MEETING PUBLIC HEARING Parkside Addition Ph. 11, Block B, Lot 44 Gehan Homes Agenda Item III. Chairman Roberge read the agenda item into the record as follows: ALLEN BOARD OF ADJUSTMENT REGULAR MEETING JUNE 1, 1999 ATTENDANCE: Board Members Present Bill Roberge David Prall Jeff Cocking Randel West Board Members Absent: Galen Clay Robert Engle City Staff Present Marcie Diamond, Senior Planner Pam Conway, Secretary Tom Keener, Development Coordinator CALL TO ORDER AND ANNOUNCE A OUORUM With a quorum of the Board Member's present, the Allen Board of Adjustment was called to order at 7:39 p.m., by Chairman Roberge, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Approve Minutes Agenda Item 11 April 26, 1999 Chairman Roberge read the agenda item into the record as follows: "Approve minutes of April 26, 1999, Regular Meeting." Motion: Upon a motion by Board Member Prall and a second by Board Member Cocking, the Board voted 4 FOR and 0 OPPOSED to approve the minutes of April 26, 1999 as presented. REGULAR MEETING PUBLIC HEARING Parkside Addition Ph. 11, Block B, Lot 44 Gehan Homes Agenda Item III. Chairman Roberge read the agenda item into the record as follows: PLANNING & ZONING BOARD PAGE 2 JUNE 1, 1999 "Consider a request by Gehan Homes, for a variance to Planned Development No, 59, Ordinance No. 1473-11-96, to reduce the front budding line from 25 to 18 feet. The property is described as Lot 44, Block B, Parkside Addition Phase Il, City of Allen, Collin County, Texas; further described as being located at 706 Yellowstone Court " Chairman Roberge informed the applicants that they had the option to table or withdraw their item to the next meeting because only 4 board members were present, and to get approval, all 4 members must concur No one chose to withdraw or table their request. Chairman Roberge opened the Public Hearing. Mr. Tom Keener explained the procedures of the Board of Adjustment (BOA), and stated that he would need to swear in anyone who intended to speak. Mr Keener presented the item to the Board. He described the location of the request. He stated that Gehan Homes is requesting to reduce the front yard setback from 25 to 18 feet. The request is predicated upon a perceived hardship from an irregularly shaped lot. In order to build the desired house, the front or rear yard would have to be reduced. The rear yard can not be reduced since a twenty -foot garage setback is required. Chairman Roberge stated that no representative for this item was present. With no one wishing to speak, the Public Hearing was closed. Chairman Roberge stated that the developers and builders know the requirements for setback for the City of Allen. He sees nothing unusual here, and noted that he has seen this many times before (shape of the cul-de-sac). He stated that this is not a hardship No further discussion was held. Motion: Upon a motion by Board Member Prall and a second by Board Member Cocking, the Board voted 4 FOR and 0 OPPOSED to deny the request; and that this action be accomplished by resolution and such resolution should be considered adopted, and the chairman of this board is hereby authorized to sign such resolution. PUBLIC HEARING Twin Creeks 5A, Block G. Lot 192 Guy Empie Enterprises Agenda Item IV Chairman Roberge read the agenda item into the record as follows: "Consider a request by Guy Empie Enterprises, for a variance to Planned Development No. 54, Ordinance No. 1172-5-93, to reduce the front building line from 25 to 19 feet for a pool, and from 25 to 5 feet for a fence. The property is described as Lot 192, Block G, Twin Creeks 5A, an addition to the City of Allen, Collin County, Texas; further r described as being located at 938 Glen Rose Court." L Mr Keener presented the item to the Board. He stated that the property is located at 938 Glen Rose Court, which is located at the northeast comer of Glen Rose Court and Twin Creeks Drive The front PLANNING & ZONING BOARD JUNE 1, 1999 PAGE yard faces Glen Rose Court. It is considered a cul-de-sac lot. The front yard and sideyard setbacks are 25 and 15 feet, respectively, which are consistent with the zoning requirements in Planned Development No. 54 The house faces the corner of the two streets. An alley separates this property from the adjacent lot, 936 Glen Rose Court. Mr Keener stated that Mr. Guy Empie, representing Steve and Linda Seloof, is requesting to reduce the front yard setback from 25 feet to 19 feet for a pool and from 25 feet to 5 feet for a fence. As explained in the attached letter from Steve and Linda Seloff, they argue that if the front yard setback followed a straight line from the corner of Glen Rose Court and Twin Creeks Drive, then the proposed pool and fence would be within the setback. Also, they expressed their concern with soil stability if the existing hole is refilled. Mr. Keener noted that the hole for a swimming pool has been dug, but the concrete has not been poured Although permission was granted from the Twin Creeks Architectural Committee, the City of Allen had not granted a pool permit Mr. Keener then 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." Guy Empie Kevin Dutra Steve Seloof 2611 St. Michelle 1817 Sacramento Terris 701 Legacy Dr. McKinney, TX Plano, TX Plano, TX Terry O'Brian John Housman Bob Carroll 936 Glen Rose Ct. 930 Glenrose Ct. 934 Glenrose Ct. Allen, TX Allen, TX Allen, TX Chairman Roberge opened the Public Hearing Mr. Guy Empie stated that he had received approval from the Twin Creeks Architectural Committee, and then discovered from the City that there was a building line problem. He stated there would be an electronic gate over the drive -way He stated that the fence would actually be behind the building line. He presented a site plan and displayed it for the Board. Mr. Empie stated that the alley set back is 3 feet, and noted that it varies. Mr Keener stated that the fence cannot be beyond the front budding line. Mr Kevin Dutra stated that he is the pool contractor. The pool is being constructed and this hole was dug prior to receiving City permits. He stated this was an error made by his company Mr. Dutra stated that the homeowners wanted a play area, separate from the pool area, to protect the children. Mr. Dutra described the pool and its depth. He noted that it could be refilled and compacted; however, he did not recommend that due to the various soil layers. He noted all the problems that could arise from refilling the pool. He stated that you could get a swell or a slope; also, twisting or rotating of the shell of the pool could occur. Mr Dutra described some solutions, i.e. a sump pump or piers; however, he noted that they try to avoid this due to added cost. Mr Dutra further stated that if the pool must be re -filled and moved to another location, that would be j added hardship to the homeowners. PLANNING & ZONING BOARD JUNE 1, 1999 PAGE Mr. Steve Seloff, future homeowner, stated that he has small children and wants a safe environment for them to play He stated that a large setback is required from a pool for a swing -set by the Twin t Creeks Homeowners Association Mr. Seloff quoted the section of the Comprehensive Zoning Ordinance that referred to a variance, which could be granted if an irregular shaped lot, and indicated that his lot is very irregular. Mr. Terry O'Brian stated that he is speaking in opposition to the request. He stated this is a very ackward position since Mr. Seloff would be his new neighbor. Mr. O'Brian stated that he lives in the home closest to Mr. Seloff. Most of his view is Mr. Selof£s backyard. He further indicated that his view will be obstructed by the fence they are proposing. Mr. O'Brian stated that pushing the fence back that close to the alley could cut the view from the alley and cause a safety hazard. He stated that he disagrees with Mr. Selof£s point that his lot is irregular He stated that Mr. Seloff has put his pool in an unusual place. Mr. O'Brian further noted that before Mr Selof£s home was built, his lot was built up, so the pool is not on solid ground anyway Mr. John Housman stated he is also opposed to this request. He stated that this cul-de-sac have the nicest homes in the neighborhood. He noted a variance has already been given on this particular lot (replat) for a fence. He stated a permit should have been received before the pool was dug. He further noted that all the lots in that area are of the same irregular shape, and no concession was given to them Mr. Bob Carroll stated he is opposed to this request. He stated that he blames the pool builder He had no idea he would be looking at someone's back yard when he bought his home. He feels taken advantage of, and now, to add insult to injury, this homeowner wants to construct this fence Mr. Carroll added that the cost impact should be upon the one who made the mistake — the pool company Mr. Carroll indicated that the Twin Creeks Architectural Committee gave him a hard time about some trees he wanted to plant, yet would agree to this variance. He noted that 3 of the 4 homeowners on this cul-de-sac are opposed to this request, and one abstained. With no one else wishing to speak, the Public Hearing was closed. Board Member Pratt questioned how the Selof£s got a Glen Rose address? Mr. Empie explained the addresses are pre-set and also stated a privacy issue. Mr. Keener noted that there are flexibilities for development, but the front yard is on Glen Rose Ct. Board Member Pratt also questioned why the rebar was installed when the pool company knew that no permit was received from the City Board Member Cocking stated that hardship is the issue, and a self imposed hardship is not a hardship. Motion: Upon a motion by Board Member Cocking and a second by Board Member Pro][, the Board voted 4 FOR and 0 OPPOSED to deny the E° request; and that this action be accomplished by resolution and such ■L resolution should be considered adopted, and the chairman of this board is hereby authorized to sign such resolution. PLANNING & ZONING BOARD PAGE 5 JUNE 1, 1999 Items of Interest to the Board Agenda Item V Ms. Diamond noted that the Exxon item had been approved by the City Council. She also referred to the Council of Government's (C.O.G.) training for the Board that was distributed to the Board and encouraged their participation. Chairman Roberge also strongly recommended the class to the other members. Adiourn. Motion: Upon a motion by Board Member Prall and a second by Board Member Cocking, the Board voted 4 FOR and 0 OPPOSED to Adjourn the June 1, 1999 meeting at 8:42 p.m. These minutes approved this day of 1999 Bill Roberge, Chairman J C ck 7ng, Vice -Chairman