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HomeMy WebLinkAboutMin - Board of Adjustment - 2013 - 03/05 - RegularBOARD OF SIGN CONTROLROL BOARD BUILDING AND STANDARDS COMMISSION Workshop and Regular Meeting CITY OF ALLEN March 5,2013 ATTENDANCE: Board Members Present•, Gene Autrey, Chairman Deborah Angell Smith, I" Vice Chair Ken Barry Joel Hemphill Michael Freibergeq Alternate Ron Alexander, Alternate Absent: Kimberly Clarkson City Staff Present: Ogden "Be" Bass, AICP, Director of Community Development Lee Battle, AICP, Assistant Director of Community Development Kurt Kasson, CBO, Chief Building Official Tiffany McLeod, Senior Planner Kathryn May, Code/Health Compliance Manager Patrick Blaydes, Planner Shelby Griffin, Planner Kevin Laughlin, Attorney Workshop Meeting Staff held a workshop meeting about comprehensive planning and zoning at 6:15 p.m. in the Council Conference Room. Regular Meeting With a quorum present, 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 Consent Agenda 1. Approve minutes from November 5, 2012 Board of Adjustment and Sign Control Board Meeting. Motion: Upon a Motion by I" Vice Chair Smith and a Second by Board Member Barry, the Board voted 5 I FAVOR and 0 OPPOSED to approve the Consent Agenda. The Motion Carried. Regular Agenda 2. Conduct a Public Hearing and consider a request to reduce the minimum six (6) foot height requirement for a fence around a swimming pool in the Allen Land Development Code Article IV, Section 4.10.5. The property is located at 401 S. Malone Road, Allen, Texas. (BOA -1 1/27/12-4) [401 S. Malone Road] BOARD OF ADJUSTMENT SIGN CONTROL BOARD JANUARY 7, 2013 PAGE 2 Mr. Lee Battle, Assistant Director of Community Development, presented to the Board. The subject property is a single-family residential lot located at 401 S. Malone Road in the High Point Estates subdivision. The property includes an in -ground swimming pool located in the back yard. Currently the property is bounded by different types of fencing including an eight (8) foot fence on one side and a split rail style fence along another side Mr. Battle described that the applicant is requesting a variance to the Allen Land Development Code ALDC, Article IV, Section 4.10.5 which requires swimming pools to be completely enclosed by a fence or wall no less than six (6) feet in height with self -latching and self-closing gates. The applicant is requesting a variance in order to not build a fence to enclose the swimming pool. Mr Battle added that as an alternative, the applicant has also stated that they would agree to build a four (4) foot fence around the remainder of the yard instead of the required six (6) foot fence. Mr. Battle described the reasons for staff recommending denial of the request, those being: L A specific special condition unique to this property has not been identified. 2 An unnecessary hardship resulting from the enforcement of this code has not been identified. 3. Granting of the variance is contrary to the public interest because of the potential threat to public safety 4. Multiple options exist to comply with the ordinance. Alternate Board Member Freiberger inquired about the distance between the subject property and the nearby elementary school. Mr. Battle could not give an exact number but used the aerial to identify the school property Chairman Autrey asked if the reason for regulation in the Land Development Code is primarily for safety. Mr. Battle agreed. Board Member Barry inquired if the pool was built prior to the current owner's ownership. Mr. Battle explained that the pool was built prior to being annexed into the City At the time of annexation, the annexed properties are required to be brought up to code and compliance. With no more questions for staff, Chairman Autrey opened the Public Hearing. Mr. Lennie Nicholson, applicant, 401 S. Malone Rd., spoke in favor of the request. The applicant requested that the six (6) foot fence requirement be reduced to a four (4) foot fence around the pool. Chairman Autrey asked whether or not the applicant would provide a latched gate with the four foot fence. Mr. Nicholson stated that there would be a latched gate. Is Vice -Chair Smith inquired about the type of fence that the applicant would propose. The applicant stated that the proposed fence is an aluminum fence that looks like a wrought iron fence. Chairman Autrey confirmed that there would be a lockable gate. The applicant added that he could provide a lockable gate. Chairman Autrey stated his concern for safety due to the proximity of the property to the elementary school. V, Vice -Chair Smith asked the applicant the reason for the request to reduce the height of the fence by two feet. The applicant stated that the request was cost and aesthetics. Ca BOARD OF ADJUSTMENT SIGN CONTROL BOARD JANUARY 7, 2013 PAGE The applicant asked if the Board understood the documents he handed out. Mr. Kevin Laughlin, Attorney, asked to see the documents that were distributed. Alternate Board Member Freiberger asked the applicant if he is asserting that a variance was previously granted. The applicant stated that he didn't know and that the City had not found anything. Chairman Autrey stated that the permit documents put before the Board were from Auquitec Electric Chairman Autrey closed the Public Hearing. Chairman Autrey announced that a public response letter of support was submitted by WvVonne Brecheen, 2 High Point Dr., Allen, TX. Mr Battle stated that staff would not have the authority to grant a variance for anything less than the required six foot fence around the pool. Mr. Battle continued by saying that the existence of a permit does not alleviate the requirement and is not a special condition or hardship that warrants the granting of a variance. Mr. Battle explained that the standard for a public pool is a four fence and that the standard for a private pool is a six foot fence around a pool. The International Building Code requires a six foot fence around a private pool. The requirement in Allen today is to have a six foot fence around any pool on private property Motion: Adjournment Motion: These roinu s and Build' g a Upon a Motion by 1" Vice Chair Smith and a Second by Board Member Freiberger, the Board voted 6 IN FAVOR and 0 OPPOSED to deny the request to reduce the height of the fence around the swimming pool from 6 foot to 4 foot. The Motion Carried. a motion by Board Member Barry and a second by Board Member rger the Board voted 6 IN FAVOR, and 0 OPPOSED to adjourn the meeting p.m. Bled in the of Community Development These in. utes approv, d•[his day of G e Au ey, Chat an L_ of the Allen Board of Adjustment, Sign Control Board, y Griffin, Planner