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HomeMy WebLinkAboutMin - Board of Adjustment - 2001 - 09/04 - Special CalledBOARD OF ADJUSTMENT SPECIAL CALLED MEETING SEPTEMBER 4, 2001 ATTENDANCE: Board Members Present: Jeff Cocking, Chairman Alexander Kirk Bob Moreno Robert Engle Michael Almassi Board Members Absent: Edward McRoy City Staff Present: Marina Sukup, Director of Planning & Development David A. Hoover, Assistant Director of Planning & Development Sally L. Leeper, Project Coordmator CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Board present, the Board of Adjustment was called to order at 7:30 p.m. by Chairman Cocking at the City Council Chambers, Allen City Hall, 305 Century Parkway, Allen, Texas. REGULAR AGENDA 1 Approve Minutes of June 5, 2001, Called Special Meeting. MOTION: Upon a motion by Board Member Moreno and a second by Board Member Kirk, the Board voted 5 For, 0 Opposed, to approve the minutes of June 5, 2001. The motion carried. A BOARD OF ADJUSTMENT PAGE 2 SEPTEMBER 4, 2001 El 2. Public Hearing — Consider a request by Mr. Curt Blaskowski on property described as Lot 10, Block B, Summerfield Addition, 1505 Sundown Lane, to allow a circle drive in the front yard Mr. David Hoover presented the request to the Board. He stated that the applicant, Mr. Bart Marko, purchased the property from Morrison Homes and was advised that the circular drive had been built without approval from the City. The Allen Land Development Code prohibits any drive in a front yard that is served by a rear drive or alley. The applicant must show a hardship unique to the property in order to be granted a variance. The applicant has referred to the American for Disabilities Act regulations. Mr. Hoover indicated that the ADA regulations do not allow for this type of variance, but rather are directed to employment and access to public facilities. Therefore, staff has recommended denial of the request. Chairman Cocking opened the public hearing, and administered the following oath to Mr. Curt Blaskowski, 1707 Peregrine Drive, Corinth, Texas and Mr. Bart Marko, 1505 Sundown Lane, Allen, Texas, who answered in the affirmative. "Do you 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 Curt Blaskowski, Vice -President of Construction from Morrison Homes, indicated that the permit was issued with a rear driveway. It was their error that they did not get City approval for the change of plans. He stated that he has discussed access to the house for a wheelchair with Mr. Marko and indicated that wheelchair access through the garage is very limited. Mr. Marko indicated that if the vanance is not approved, he and his wife will be forced to relocate, and he feels this would be an unnecessary hardship. He quoted from Section 2.02.2.1.d which allows a variance where it is "not contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Code will result in unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done." He also noted other circular drives within the City. He mentioned 1607 Clearbrook, 922 Trudeau, and 1203 Sandy Creek. He added that the request had been presented to the Homeowner's Association of Summerfield Addition, and has been approved by that body. Mr. Marko discussed the hardships he will encounter if the circular drive is required to be removed. He stated that his mobility will decrease over time and the access is also needed for family and friends that are handicapped. Mr. Marko indicated that all other inside doors are constructed to 32" With no one else wishing to speak for or against the request, Chairman Cocking closed fel' the public hearing. Board Members discussed the question of whether there was a hardship involved. Board Member Kirk expressed a feeling of hardship for the homeowner. Board Member Moreno I BOARD OF ADJUSTMENT SEPTEMBER 4, 2001 PAGE stated that the builder should have requested a permit and followed the proper procedures. Chairman Cocking stated he does not feel it is the Board's responsibility to fix the builder's error. Board Member Engle agreed that the request represents a hardship on the homeowner. Chairman Cocking indicated that the builder did not correctly seek the permits, or even make the homeowner aware of the temporary nature of the occupancy permit at the time of closing. Board Members questioned the other homes in Allen that have circular drives and Chairman Cocking advised that these are either on lots with front entry drives, or they are grandfathered through a previous ordinance which did not prohibit the front drives. It was noted that the City inspector discovered the circular drive at final inspection. The Board questioned staff as to their opinion of the hardship involved, and Mr. Hoover noted that there is no hardship with the property itself, the hardship is an after -the -fact issue. Mr. Blaskowski indicated that it was the error of the builder, Morrison Homes, for not requesting the proper plot plan review and permits. Chairman Cocking questioned the reason the home was not built with handicapped access from the rear, and Mr. Marko stated it was because the front access is superior to a garage access for a handicapped person based on Texas climate conditions. Board Member Almassi questioned the percent of the front yard that is covered with concrete, and Mr. Blaskowski indicated that approximately 40% of the front yard has been covered with concrete. Ms. Sukup stated that the driveway would have to be constructed to City standards and staff is not aware of the construction because no inspection has been made at this time. It was noted that if the variance is approved, the driveway would have to be inspected and meet City standards. Chairman Cocking reopened the public hearing. Mr. Hoover stated that the authority of the Board of Adjustment is given by the State of Texas. The right to fix an injustice is not part of that right. The issue is whether there is a hardship on this piece of property that makes it different from any other property in the City of Allen. Ms. Sukup indicated that Morrison Homes could assume responsibility for providing access from the rear of the home. Mr. Blaskowski agreed that the builder was in error, but requested approval of the variance. Chairman Cocking again closed the public hearing. MOTION: A motion was made by Board Member Moreno and seconded by Chairperson Cocking to deny the request. Board Members Moreno and Cocking voted FOR and Board Members Almassi, Kirk, and Engle voted AGAINST the motion to deny the request. The motion did not carry MOTION: A motion was made by Board Member Engle and seconded by Board Member I I I BOARD OF ADJUSTMENT SEPTEMBER 4, 2001 PAGE Kirk to approve the request. Board Members Almassi, Kirk, and Engle voted FOR and Board Members Moreno and Cocking voted AGAINST the motion to approve the request. The motion did not carry. Without 4 concurring votes, the request has been denied. OTHER BUSINESS Ms. Sukup made a presentation to the Board regarding the Central Business District Redevelopment Plan. ADJOURN MOTION: Upon a motion by Board Member Kirk and a second by Board Member Engle, the Board voted 5 FOR and 0 OPPOSED to adjourn the September 4, 2001, meeting at 9:15 p.m. These minutes approved this day of 20__LL Sally Lj Leeper, Planning Drepartment