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Home My WebLink AboutMin - Board of Adjustment - 2011 - 12/05 - RegularBOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION Workshop and Regular Meeting CITY OF ALLEN December 5, 2011 ATTENDANCE: Board Members Present: Gene Autrey, I" Vice -Chair Joel Hemphill Deborah Angell Smith Thomas Wierzbicki Michael Freiberger, Alternate Kimberly Clarkson, Alternate (not voting at this meeting) Board Members Absent: None City Staff Present: Ogden "Bo" Bass, AICP, Director of Community Development Lee Battle, AICP, Assistant Director of Community Development Patrick Blaydes, Planner Shelby Griffin, Planner Tiffany McLeod, Senior Planner Pete Smith, Attorney Workshop Meeting Orientation training was held at 6 p.m. in the Council Conference Room. Regular Meeting Call to Order and Announce a Quorum is Present: With a quorum of the Board Members present, 1" Vice -Chairman Autrey called the meeting to order at 7:00 p.m. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway Elections: 1. 1" Vice -Chair Autrey opened the Boor for elections. Motion: Upon a Motion by Board Member Smith and a Second by Board Member Hemphill, the Board voted as follows to elect Gene Autrey as Chairman of the Sign Control Board, Board of Adjustment, and Building and Standards Commission: • Gene Autrey — For • Joel Hemphill — For • Deborah Angell Smith — For • Thomas Wierzbicki — For Michael Freiberger — For BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION PAGE 2 December 5, 2011 The Motion Carried. Motion: Upon a Motion by Board Member Hemphill and a Second by Board Member Freiberger, the Board voted as follows to elect Deborah Angell Smith m 1" Vice - Chair of the Sign Control Board, Board of Adjustment, and Building and Standards Commission: • Gene Autrey — For • Joel Hemphill — For • Deborah Angell Smith — For • Thomas Wienbicki — For • Michael Freiberger— For The Motion Carried. Consent Aeenda 2. Approve minutes from the April 5, 2010 Sign Control Board meeting. Motion: Upon a Motion by Board Member Hemphill and a Second by I" Vice -Chair Smith, the Board voted as follows to approve the minutes from the April 5, 2010 Board of Adjustment and Sign Control Board meeting: • Gene Autrey — For • Joel Hemphill — For Deborah Angell Smith — For • Thomas Wienbicki — For • Michael Freiberger — For The Motion Carried. Reeular Aeenda Agenda Item N3: Conduct a Public Hearing and consider a request for a variance of the budding setback requirement for Agriculture -Open Space AO zoning, Allen Land Development Code, Section 4.15.3. The property is located at 741 Allen Heights Drive. Ogden "Bo' Bass, Director of Community Development, presented to the Board. The subject property is located at 741 S Allen Heights Drive and is currently zoned Agriculture -Open Space AO The properties to the north and west are zoned Single Family Residential R-3. The property to the south is zoned Agriculture -Open Space AO. The property to the east is zoned Community Facility CF and Planned Development PD No.12 for Single Family Residential R-5 Allen Heights Drive runs along the east side of the property Mustang Creek is located along the western boundary There is one access point on the northeast comer of the property; on Allen Heights Drive. C BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION December 5, 2011 PAGE The applicant is requesting a variance to the front yard building setback (along the east side of the property) to allow for an enclosure to be located near the existing access point. Article IV, Section 4.15 3 of the Allen Lund Development Code specifies a minimum front yard building setback of 100 feet for Agriculture -Open Space AO zoned property However, existing trees, Mustang Creek and the overall site topography serve as significant obstacles to place an enclosure behind the required front yard setback line. Staff considers the lot shape, trees, site topography and Mustang Creek as conditions that impose a physical hardship on the property. Complying with the ALDC front yard budding setback standard would prohibit the construction of any structure near the existing driveway. Therefore staff recommends approval of the request for a variance to the front building line setback. Staff suggests granting a front yard building setback of twenty- five (25) feet in order to maintain consistency with the Future Land Use Plan for this area. 1" Vice Chair Smith asked for further explanation of the site topography Mr. Bass explained the topography of the property has a natural slope toward the creek The topography where the requested setback is located is relatively Bat Chairman Autrey inquired about the existing construction on this site. Mr. Bass assured the Board that all construction has been stopped until this variance is considered by the Board. Board Member Freiberger asked about the potential for future problems created by the existing access point off of Allen Heights Drive. Mr. Bass stated that this site is a single access site and that very little traffic will be entering or exiting. 1 Chairman Autrey opened the Public Hearing. David Bishop, 17 Bishop Gate, Allen, applicant, addressed the Board by explaining his intentions and purpose for the variance request. He began by explaining that he has provided the City of Allen part of his property for drainage easements (on the back of his property); limiting his ability to fully enjoy his property He recognizes that some of his equipment currently blocks the neighbors' view of Mustang Creek and his intent is to build an enclosure on his adjacent property to provide neighbors with the creek view and be able to store his belongings in a safe, enclosed space. 1" Vice -Chair Smith inquired about the location of the drainage easement on Mr. Bishop's property Mr. Bishop identified the location. Ronald Lustig, 733 Creek Valley Court, Allen, spoke in opposition to the request. He began by explaining that he is a neighbor of Mr. Bishop and has witnessed Mr. Bishop begin multiple projects that he has not finished or that do not comply with City of Allen regulations. Mr. Lustig showed the Board several photos of Mr. Bishop's property and explained the trash, wildlife, and safety problems Mr Bishop has created. I" Vice -Chair Smith inquired about the safety issue. Mr. Lustig described the bridge that existed on Mr. Bishop's property, crossing Mustang Creek. Rita Gale Ruszcyk, 735 Creek Valley Court, Allen, spoke in favor of the request. IWith no one else wishing to speak, Chairman Autrey closed the Public Hearing. BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION PAGE 4 1 December 5, 2011 The following individual(s) submitted a written statement in favor of this item: Rita Gayle Ruszcyk and Wm. S. Ruszcyk, 735 Creek Valley Court, Allen, TX. The following individual(s) submitted a written statement in opposition of this item: Ronald Lustig, 733 Creek Valley Court, Allen, TX. Motion: Upon a Motion by First Vice -Chair Smith and a Second by Board Member Wiembicki, the Board voted as follows to grant the variance of the building setback requirement for Agriculture -Open Space AO zoning, Allen Land Development Code, Section 4.15.3 at 741 S. Allen Heights Drive: • Gene Autrey — For • Joel Hemphill — Against • Deborah Angell Smith — For • Thomas Wiembicki—For • Michael Freiberger — For The Motion Carried. Agenda Item #4: Conduct a Public Hearing and consider a request for a variance for the location of a fence, Allen Land Development Code, Section 4.15.1 The property is located at 308 Droinwich Circle Tiffany McLeod, Senior Planner, presented to the Board. The subject property is located at 308 Dromwich Circle (in Shadow Lakes North Subdivision) and is currently zoned Planned Development PD - 12 Single Family Residential SF The applicant is requesting a variance for the location of a fence that is currently in the front yard building setback. Article N, Section 4.15.1 of the Allen Land Development Code prohibits the placement of a fence within the front yard setback of a property The development regulations for Planned Development PD -12 specify a minimum front yard setback of 25 feet for this property. A 2007aerial map shows that prior to 2009 the fence was located behind this 25 foot setback line; thus meeting code requirements. A 2009 aerial map shows that the fence has been relocated into the front yard setback line. Staff does not to support the variance request and would consider this a a self imposed hardship A fence can clearly be built on the property and adhere to current Allen Land Development Code standards Staff recommends relocating the fence behind the front yard setback line. Board Member Wierzbicki asked if any permits were issued to relocate the fence. Ms McLeod stated there were no permits issued to her knowledge. Chairman Autrey opened the Public Hearing. Deb and Rick Emerson, 308 Dromwich Circle, Allen, applicants, addressed the Board. Mrs. Emerson explained that this property was purchased in 2005 and that the fence was built in 2007 She explained that prior to building the fence, they contacted the City. They were told that they did not need a permit since they were A BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION December 5, 2011 PAGE 5 replacing their fence and moving it to its original location, per the survey that their realtor gave them upon purchasing their home. She continued by stating that she was contacted by the City and was instructed to relocate the fence in August. This was due to a neighbor complaining that they could not see around the fence. Mrs. Emerson further explained that they would not have built the fence into the building setback if they would have known it violated code. Mark Koiner, 314 Droinwich Circle, Allen, spoke in opposition to the request. He stated that the original location of the fence was behind the setback line. He assumed when the fence was being built that it was legal. The fence breaks the continuity of the front yards along the street and has caused some erosion onto his property He further explained that the fence impacts the perceived size of his yard by making it feel smaller and making his property value decrease. James Koiner, 314 Droinwich Circle, Allen, stated that he is in opposition but had nothing else to add. 1" Vice -Chair Smith asked for clarification on the timeline of events. Mrs Emerson explained that the house was built in 1995 and that she and her husband bought the home in 2005. The new fence was built in 2007 She explained that the plat that was given to her upon purchase of the home showed the original fence location lu Vice -Chair Smith asked about the existence of the plat that was referenced by the applicant. Ms. McLeod answered that the original building plans were not researched or pulled for this case. Lee Battle added that any building plans or permits that were filed prior to 1996 are not retained in the City's files Board Member Freiberger asked if there would need to be a new permit issued for the existing fence Mr. Battle explained that, if the variance was granted, the property owner would need to apply for a fence permit for where the fence is currently located. With no one else wishing to speak, Chairman Autrey closed the Public Hearing. The following individual(s) submitted a written statement in favor of this item: Brenda Bond, 302 Droinwich Circle, Allen, TX. The following individual(s) submitted a written statement in opposition of this item: Robert Savelsbergh, 315 Droinwich Circle, Allen, TX. David Bushland, 317 Droinwich Circle, Allen, TX James Koiner, 314 Droinwich Circle, Allen, TX Mark Koiner, 314 Droinwich Circle, Allen, TX Motion: Upon a Motion by Board Member Freiberger and a Second by Board Member Wierzbicki, the Board voted as follows to deny the variance request for the location of a fence, Allen Land Development Code, Section 4.15.1 at 308 Droinwich Circle: • Gene Autrey—Against • Joel Hemphill — Against • Deborah Angell Smith — Against • Thomas Wierzbicki— Against • Michael Freiberger — For The Motion Failed. BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION 1 December 5, 2011 Motion: Upon a Motion by 1" Vice -Chair Smith and Hemphill, the Board voted as follows to grant location of a fence, Allen Land Development Droinwich Circle: • Gene Autrey—For • Joel Hemphill — For • Deborah Angell Smith — For • Thomas Wierzbicki — For • Michael Freiberger —Against The Motion Carried. Adjournment PAGE a Second by Board Member the variance request for the Code, Section 4.15.1 at 308 Motion: Upon a motion by Board Member Hemphill and a second by Board Member Freiberger the Board voted 5 IN FAVOR, and 0 OPPOSED to adjourn the meeting at 8:00 P.M. These minutes approved this S day of " r • aA 4" 2012. Gene A prey. Chairman i m, nner I