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Min - Board of Adjustment - 1987 - 09/01 - Special CalledALLEN ZONING BOARD OF ADJUSTMENT CALLED SPECIAL MEETING SEPTEMBER 1, 1987 ATTENDANCE: Board Members Present: John Karlsruher, Chairman Tom Visage Ray Smith Ed Lynge Board Members Absent: John Cahill, Vice -Chairman Galen Clay City Staff Present: Arne Johnson, Assistant Building Official Sally Leeper, Secretary CALL TO ORDER: The Allen Zoning Board of Adjustment was called to order at 7:30 p.m. on September 1, 1987, by Chairman Karlsruher, at the Citv Council Chambers, Allen Municipal Annex, One Butler Circle, Allen, Texas. Approve Minutes Ma7 (Agenda Item II) Chairman Karlsruher read the agenda item into the record as follows: "Approve minutes of May 5, 1987, Called Special Meeting." MOTION: Upon a motion by Board Member Lynge and a second by Board Member Smith, the Board voted 9 FOR and 0 OPPOSED to approve the minutes of May 5, 1987, as presented. The motion carried. I ZONING BOARD OF ADJUSTMENT SEPTEMBER 1, 1967 PAGE TWO Public Hearing Raintree Joint Venture (Agenda Item III) Chairman Karlsrhher read the agenda item into the record as follows: "Public Hearing - Consider a request by Raintree Joint Venture for a variance on side yard requirements on six of the 174 lots in Phase 1 of Raintree Estates Addition to the City of Allen, located in the Catherine Parsons Survey, Abstract No. 711, Collin County, Texas." Mr. Arne Johnson stated that this request is for a side yard variance to 10 feet on six lots in this addition. The requirement currently is for 108 of the lot width at the front building line. He stated staff did not have a problem with this proposal. Mr. Jim Siler, Vice -President, Westwind Properties, Dallas, Texas, presented his request to the Board. The request is for a variance on six of the 174 lots in Raintree Estates from 10 percent to 10 feet. A typical lot would yield a side yard of 10 feet; however, these lots have a frontage of from 100 feet to 165 feet, which yields 108 side yards much larger than would be appropriate for the width of the rear yard, which is considerably narrower. Mr. Don Evans discussed the differences between a pie -shaped lot that is small in the front and large in the back, and one that is large in the front and small in the back. He stated that if this variance is granted, the side yard will still be wider than 10 feet at the front of the house because of the necessity to maintain the 10 feet at the rear of the house. Chairman Karlsruher opened the public hearing. With no one present to speak for or against this request, Chairman Karlsruher closed the public hearing. Board Member Lynge questioned whether Raintree Estates was completely developed at this time. Mr. Siler stated that Phase 1 is complete, having 174 lots, and that Phases 2 and 3 will be developed at a later time. Board Member Lynge questioned whether there would be lots in those phases that will be needing this same type of variance. Chairman Karlsruher discussed whether this requirement was on the property through the zoning, or through deed restrictions. t° Mr. Siler stated that it was through the zoning, and the deed ■F1, restrictions require 10 foot side yards. These minutes approved this � day of 1987. ZONING BOARD OF ADJUSTMENT i SEPTEMBER 1, 1987 PAGE THREE Public Hearing Raintree Joint Venture (Agenda Item III) Board Member Visage questioned whether there was a similar problem with Block F, Lot 8 in Phase 1, and it was determined that the width of that lot is less than 100 feet, which would produce 10 foot or less side yards. Board Member Visage suggested that the developer take this situation into consideration when platting phases 2 and 3. Chairman Karlsruher quoted from the Zoning Ordinance on Page 88 paragraph c relating to the granting of variances by the Board of Adjustment. The consensus of the Board was that this case appears to meet the criteria set out in the Zoning Ordinance for granting a variance. MOTION: Upon a motion by Board Member Visage and a second by Board Member Smith, the Board voted 4 FOR and 0 OPPOSED to adopt a resolution granting a variance for Lots 29 and 37, Block C, and Lots 6, 8, 18, 25 of Block D, Raintree Estates Addition, from 10% to 10 feet. The motion carried. Findings: 1. The request satisfies the definition in the Zoning Ordinance for granting of variances. Adjourn• MOTION: Upon a motion by Board Member Lynge and a second by Board Member Smith, the Board voted 4 FOR and 0 OPPOSED to adjourn the September 1, 1987, meeting of the Zoning Board of Adjustment at 8:00 p.m. These minutes approved this � day of 1987. Chairman Vic Chairman