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HomeMy WebLinkAboutMin - Board of Adjustment - 1993 - 11/02 - RegularALLEN BOARD OF ADJUSTMENT REGULAR MEETING NOVEMBER 2, 1993 ATTENDANCE: Board Members Present: Galen Clay, Chairman Bill Roberge, Vice -Chairman Ray Lewis David Prall Phillip Rich Board Members Absent: City Staff Present: i Bret McCullough, Building Official Sally Leeper, Secretary CALL TO ORDER AND ANNOUNCE A O DRUM: With a quorum of the Allen 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 April 6. 1993 (Agenda Item II) Chairman Clay read the agenda item into the record as follows: "Approve minutes of April 6, 1993, Regular Meeting." MOTION: Upon a motion by Board Member Roberge and a second by Board Member Lewis the Board voted 5 FOR and 0 OPPOSED to approve the minutes of April 6, 1993, as presented. ZONING BOARD OF ADJUSTMENT November 2, 1993 PAGE 2 Election of Officers (Aeenda Item III) Chairman Clay read the agenda item into the record as follows: "Election of Officers: Chairman, Vice -Chairman" Board Member Roberge placed the name of Galen Clay in nomination for Chairman and the nomination was seconded by Board Member Prall. With no additional nominations, Galen Clay was elected chairman by acclamation. Board Member Clay placed the name of Bill Roberge in nomination for Vice -Chairman and the nomination was seconded by Board Member Lewis. With no additional nominations, Bill Roberge was elected vice-chairman by acclamation. Public Hearing 1406 Momingside (Centex) (Agenda Item IV) Chairman Clay read the agenda item into the record as follows: "Public Hearing - Consider a request by Centex Homes on a residential structure located at Lot 16, Block K, 1406 Morningside, of Country Meadow Phase 3 Addition to the City of Allen, Collin County, Texas, for a variance to reduce the side yard building line by 1.9 feet as allowed by Section 4.04(3)(c)(1) of the City of Allen Zoning Ordinance No. 829-11-87." Ms. Sally Leeper, Secretary, 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." Mr. George Brown Centex Homes 9229 LBJ, Ste 100 Dallas, TX 75243 Mr. Norman Neal Field Aid, Inc. 3814 Cavalier Garland, TX 75042 ZONING BOARD OF ADJUSTMENT November 2, 1993 PAGE 3 Mr. Bret McCullough City of Allen One Butler Circle Allen, Tx 75002 Chairman Clay opened the public hearing. Mr. Bret McCullough presented the request for variance to the Board. He stated that the side yard requirement in this subdivision is 10% of the lot width; in this case 6.6' is required on each side. Plans were reviewed on July 23, 1993, by staff which indicated a 7 -foot side yard on one side and an 11 -foot side yard on the other. The required forms survey was presented at the time of the foundation inspection. This survey indicated a 7 -foot side yard on one side and an 11 -foot side yard on the other, exceeding the minimums rsequirements on both sides. On October 14, 1993, a final survey was conducted which revealed a side yard of 4.7 feet at the left rear comer and 5.97 feet at the left front comer. This resulted in a 1.9 -foot encroachment into the required 6.6 -foot side yard. Mr. McCullough added that the distance between the structure in question and the adjacent structure is 16.7 feet at the closest ����""! point. He indicated the home in question is near completion. The Board discussed the shape of the lot and whether approval of this request would cause a It hardship or fire hazard on adjacent properties. Mr. McCullough indicated that there was no violation of the fire code. Mr. George Brown, Centex Homes, spoke in favor of the request Mr. Norman Neal, Field Aid, Inc., advised the Board that the error in the survey was a result of using incorrect stakes at the time of the foundation survey. the Board discussed the position of the home in relation to adjacent structures and indicated that they felt that the variance would not be detrimental to adjacent homes. It was further noted that the house adjacent has been occupied; however, Centex Homes is still the owner of the property Chairman Clay closed the public hearing. MOTION: Upon a motion by Board Member Lewis and a second by Board Member Roberge, the Board voted 5 FOR and 0 OPPOSED to grant the variance to the side yard building line at 1406 Morningside, Allen, Texas. PAGE 4 The Board was advised that the annual Christmas banquet would be held December 21, 1993. Adjourn: MOTION: Upon a motion by Board Member Rich and a second by Board Member Prall, the Board voted 5 FOR and 0 OPPOSED to adjourn the November 2, 1993, meeting of the Board of Adjustment at 7:55 p.m. 3,4- Ma�yy Icm These minutes approved this 2nd day of r, 1993: LGalen Clay, Chairman Bill Roberge,We-Chairman ZONING BOARD OF ADJUSTMENT November 2, 1993 Other Business: PAGE 4 The Board was advised that the annual Christmas banquet would be held December 21, 1993. Adjourn: MOTION: Upon a motion by Board Member Rich and a second by Board Member Prall, the Board voted 5 FOR and 0 OPPOSED to adjourn the November 2, 1993, meeting of the Board of Adjustment at 7:55 p.m. 3,4- Ma�yy Icm These minutes approved this 2nd day of r, 1993: LGalen Clay, Chairman Bill Roberge,We-Chairman