Min - Board of Adjustment - 1983 - 04/18 - Special Called11
ALLEN ZONING BOARD OF ADJUSTMENT
CALLED SPECIAL MEETING
APRIL 18, 1983
Present:
Board Members:
Donald Kirkindoll, Chairman
John Karlsruher, Vice Chairman
Don Lewis
Wayne Armand
Rick Alexander
Carol Henry, Alternate
Staff:
Bill Petty, Director of Community Development
The Called Special Meeting of the Allen Zoning Board of Adjust-
ment was called to order by Chairman Kirkindoll at 6:00 p.m., Monday,
April 18, 1983, in the City Council Chambers of the Allen Municipal
Annex, #1 Butler Circle, Allen, Texas.
Approval of Minutes:
April 12, 1983
(Agenda Item II)
Chairman Kirkindoll read the agenda item into the record as
follows:
"Approve minutes of April 12, 1983, Called Special Meeting."
There was some question on the motion on page 2 of the minutes.
Bill Petty, Director of Community Development, explained the motion
to the Board and why there was no resolution in the matter in question.
MOTION: Upon a motion by Board Member Karlsruher and second by
Board Member Armand, the Board voted five (5) for and
none (0) opposed to approve the minutes as presented.
The motion carried.
Discussion and Action Related
to Board of Adjustment Procedures (Agenda Item III)
Chairman Kirkindoll read the agenda item into the record as
follows:
0
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ALLEN ZONING BOARD OF ADJUSTMENT
APRIL 18, 1983 PAGE 2
Discussion and Action Related
to Board of Adjustment Procedures (Cont.)
"Discussion and action related to Board of Adjustment procedures
as authorized under Section 4.04d in the City of Allen Compre-
hensive Zoning Ordinance."
Chairman Kirkindoll read Section 4.04-1d from the City of Allen
Comprehensive Zoning Ordinance for the record. He then explained
that there needs to be a concurrence of four members of the Board
before a resolution is made in a variance request or appeal and this
did not happen at the last meeting on the variance request. He
felt that the request for variance heard at the previous meeting
is still open.
Bill Petty, Director of Community Development, explained to
the Board that after a public hearing is held on an issue that it
is not required for them to render a decision at that time, but
that this may be preferable in cases that are not complicated. He
told them that the public hearing on the variance case at the last
meeting was legal in that four members of the Board heard the case
and this is what is required by state law and the Zoning Ordinance.
Mr. Petty further explained why the motion carried but there was
no resolution made and what the City Attorney suggested to the Board
was to establish some procedures. He told the Board that, according
to the City Attorney, they must have a concurrence of four members
vote for a request for it to pass or four members vote against a
request for it to fail, in which case it would be denied with
prejudice and cannot come back before the Board for a period of one
year. If there are five members present and they can't get a con-
currence of four people, the request is not resolved.
There was extensive discussion by the Board as to what procedures
should be established for them to follow.
MOTION: Upon a motion by Board Member Alexander and second by Board
Member Armand, the Board voted five (5) for and none (0)
opposed to establish the following procedures for the
Zoning Board of Adjustment:
1. When five (5) members of the Board are not present
a vote will not be taken on an appeal or variance.
2. If an appeal or variance does not have the concur-
rence of four (4) members to deny, it may be brought
back in a modified form.
3. If an appeal or variance does have the concurrence
of four (4) members to deny, it is denied with pre-
judice and may not be brought back before the Board
for a period of one year.
The motion carried.
ALLEN ZONING BOARD OF ADJUSTMENT
APRIL 18, 1983 PAGE 3
Action Related to Public Hearing
Held on April 12, 1983, on a
Variance Request to Lot 14,
Block 1, Burnett Addition made
by J. A. Samples (Agenda Item IV)
Chairman Kirkindoll read the request into the record as follows:
"Action related to the Public Hearing held April 12, 1983, on
a variance request on Lot 14, Block 1, Burnett Addition to the
City of Allen made by J. A. Samples for a variance to the present
R-3 (Residential) zoning to construct a single family dwelling
of 1,275 square feet, whereas, the R-3 zoning presently requires
a minimum dwelling size of 1,800 square feet. Zoning Variance
Case No. Z3-3-83-2"
MOTION: Upon a motion by Board Member Armand and second by Board
Member Alexander, the Board voted five (5) for and none
(0) opposed to allow this variance request on Lot 14,
Block 1, Burnett Addition to the City of Allen made by
J. A. Samples to allow a single family dwelling of 1,275
square feet. The motion carried.
Adjournment:
MOTION: Upon a motion by Board Member Alexander and second by Board
Member Armand, the Board voted five (5) for and none (0)
opposed to adjourn the Called Special Meeting of the Allen
Zoning Board of Adjustment at 7:05 p.m. The motion carried.
These minutes approved on the 10th day of
/May 1983.
onald Kirkindoll, CHAIRMAN J hn Karlsruher, VICE CHAIRMAN
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