Loading...
Min - Board of Adjustment - 2007 - 02/05 - RegularBOARD OF ADJUSTMENT Regular Meeting February 5, 2007 CITY OF ALLEN ATTENDANCE: Board Members Present: Ed McRoy Alexander Kirk Sally Leeper Frank Brown, Chair Griffith Moore Board Members Absent: Greg Cavalli, Alternate City Staff Present: David Hoover, Director Pam Conway, Senior Administrative Assistant Bret McCullough, Chief Building Official Amber Slayton, Attorney Reeular Agenda Call to Order and Announce a Quorum is Present: With a quorum of the Board Members present, Chairman Brown called the meeting to order at 7:00 p.m. in the City Hall Council Conference Room at Allen City Hall, 305 Century Parkway Agenda Item 1: Approve Minutes from Sign Control Board meeting from November 7, 2006. Motion: Upon a motion by Boardmember Moore and a second by Boardmember Kirk, the Board voted 5 IN FAVOR, 0 OPPOSED, to approve the minutes. The motion carried. Agenda Item 2: Public Hearing — Consider a request by Mercedes Homes of Texas, Ltd. For a variance from the requirement to provide side or rear access to a garage per the Allen Land Development Code, Section 4.15.2 in order to construct a home with a front entry drive. The property is described as Lot 3, Block F, Woodland Park Phase 1; located at 1019 Rushmore Drive, Allen, Texas. BOARD OF ADJUSTMENT PAGE 2 February 5, 2007 David Hoover, Director, presented the request to the Board. He reviewed the history of the property and stated that to grant a variance, a hardship must exist and the City does not feel that a hardship exists. The Building Official has the duty to prevent any structure from being constructed if it does not meet the Code, per Section 1.08.9 of the Allen Land Development Code. Staff recommends denial. Chairman Brown opened the Public Hearing Ted Byers, on behalf of Mercedes Homes of Texas, Ltd., addressed the Board and distributed a packet "Documentary Evidence" (attached) to the Board. Mr. Byers stated that there were also other representatives present from Mercedes Homes and that he may defer to them for any questions regarding construction. Mr. Byers explained the contents of the packet (Inspection records, plat copies, permit applications, etc.) and stated they are requesting a variance in order to finish construction on a front entry drive home located at 1019 Rushmore Drive. Mr. Byers stated that Mercedes Homes applied for a Building Permit and submitted a plot plan — which was approved by the City He stated it clearly showed a front facing structure. On August 6, 2004 an email was received by Mercedes Homes from Jan Bertrand, City of Allen, stating this home and three others were front entry and a stop order on construction of them was issued. Mercedes chose to modify the other three homes but the level of construction on the home at 1019 Rushmore was further along and they couldn't change the footprint. Revised elevations were submitted and approved by Jan Bertrand and construction was again authorized. A few weeks later another email was received that the elevation was not approved and again reiterated that only J -Hook entries are allowed per the Allen Land Development Code. Mr. Byers addressed the structural integrity of the home since it's been framed but unfinished for two years. He referred to a report, located under tab "Q" from Childress Engineering Services in the packet. Mr. Byers stated there is only one conclusion — to deny a variance would cause an undo hardship If the home could be completed it would increase the neighboring property values. Mr Byers further stated that they are allowed to reapply to the Board per the Allen Land Development Code, which they have done. They are not allowed to continue any construction. This case is currently in court and Mr. Byers stated that he cannot give any details. He also stated that Mercedes has received code violations on the property (maintenance) but have responded promptly to comply Board Member Kirk stated that there is pending litigation — this Board denied this same request last year. He requested that Mr. Byers give additional details regarding the court case. Mr. Byers stated it's pending and that this Board's powers are not affected by that court proceeding BOARD OF ADJUSTMENT PAGE 3 February 5, 2007 Board Member Kirk stated that it may have the appearance that Mercedes is "gaming" the system. They hold off for 12 months then try again. He stated that information on the pending litigation is important and in direct relationship to the gamesmanship perception. Mr Byers responded that it is the intention of Mercedes to complete this home — the procedure available is to come back to this Board after 12 months. John Robinson, Construction Manager, Mercedes Homes, stated he would answer any questions about the structure. Board Member Kirk questioned how many times the property was mowed? Mr. Robinson answered it was mowed every two weeks — usually just weed eating due to the condition of the lot. Board Member McRoy questioned if modifying the building was an option, why couldn't the garage be pushed back two feet? Mr. Robinson stated that the building sits on the building line — the garage must be 18 feet back, per the Allen Land Development Code. The Board continued discussion regarding possible modifications to the home with Mr. Robinson. Mr. Robinson stated that the estimated completion time is 60/70 days if they were allowed to finish. That includes the inspection process. Dennis Kline, 1805 Grand Canyon Way, President of Woodland Park Home Owners Association addressed the Board. He stated that the home has been sitting idle for two yews. The residents are suffering. Property value issues, the site being used as a dumping ground, kids playing in the home, rats and other animals nesting, are all ongoing problems. Mr. Kline stated that the City is wrong and the builder is wrong but they need to come to an agreement. He doesn't want it sitting there for another year. Last year the HOA met with the builder and they still support finishing the construction with the enhancements agreed upon at that time. The right thing is to get on with this. Board Member Kirk asked Mr. Kline about the last meeting where several members were adamantly opposed. What is the overall split in the HOA — what is the membership's opinion? Mr. Kline stated that the HOA membership doesn't cue how it's resolved — they just want it resolved. He also stated that two of those homeowners from the last meeting didn't realize that a denial from the Board of Adjustment meant it would just continue to sit. Joel Hemphill, 1021 Rushmore, stated he lives directly next door. It's an eyesore and a maintenance issue. He's mowed it numerous times. He wants a house that fits in with the neighborhood. He wants all the stipulations met as shown in the picture — ornamental features, raised flower beds, and so forth Stop placing blame and move forward. BOARD OF ADJUSTMENT PAGE 4 February 5, 2007 Shannon Ramirez, 1012 Muir Woods, stated she loves her community She said it's sad to fight over this. She lives down the street. It can be seen from Angel Parkway Please resolve this ASAP The ® property tax values have gone down because of this. For the sake of the homeowners - resolve this. She doesn't understand why her tax value hasn't increased — she may only break even when she sells her home. Ed Torres, 909 Rushmore, stated he lives several houses down from this property He was at the meeting last year and at that time he thought that if the residents expressed how they felt that it would be removed. He was concerned about the home being exposed to elements for a year now. He doesn't really agree to selling a home like that to a family (mold or whatever might be in there). He doesn't have that much trust in that builder. There are rusty nails, junk and trash. He hopes the matter gets resolved quickly He wants it to be a healthy home — like the picture presented. He prefers it be torn down. Mr. Hoover stated that the story told is from the Mercedes Homes perspective. Mistakes were made. How to correct the situation is still the question. It has been a year and nothing has been done. Code Compliance is sent out repeatedly regarding trash and debris on the lot. It is an attractive nuisance to children playing there. Materials appear to be stored from other job sites. Rodents are not controlled. The City does not believe it's a hardship — it was an incorrect submission and the error originated with Mercedes. Board Member Leeper questioned if the requested was denied, will we be looking at this again next year? Mr. Hoover stated that he didn't have an answer. He stated there were many remedies that Mercedes could pursue — but they have chosen not to do so. Mr. Hoover discussed the 18 foot set back requirement for the garage. Mr. Hoover explained that it was to move the cars off the street for safety and for aesthetics. Bret McCullough, Chief Building Official stated that a letter from an engineering company would be required to verify the soundness of the structure. The roof is on and the sheathing is on. Some retrofitting may be necessary. He stated there is no threat of structural failure in the current status. It's more of an appearance nuisance. Mr. McCullough noted that once work stops for 180 days, the permit expires. This permit was revoked. There is no permit at this time. He also verified that the 70 day time frame given for completion of the home is accurate. Board Member Kirk asked Mr. McCullough if his staff has since been trained not to approve unauthorized variances. Mr. McCullough stated that they have been trained. Mr. McCullough stated that he has been with the City over 19 years and this remains — to his knowledge — the only time a situation such as this has occurred. Board Member Leeper expressed concern over the ornamental feature proposed by Mercedes for cedar garage doors. She noted that they are pretty but they don't stay pretty without a lot of BOARD OF ADJUSTMENT PAGE 5 February 5, 2007 maintenance. Her concern was that it would deteriorate quickly and that although it's an upgraded feature, there was no way to insure the future homeowner would maintain it. She also expressed her dismay that Mercedes didn't keep the property cleaned up. The Board recessed. The Board reconvened and Mr. Byers addressed some of Mr. Hoover's comments regarding the 18 foot set back requirement. He also stated that only one time was he notified of trash on the property and it was addressed within hours. Mr. Robinson added that he remembers three code violations regarding high weeds and another for brick stacks being knocked over. He stated that they resolved all the complaints. Chairman Brown closed the Public Hearing. Board Member Kirk stated that to deny this request would mean the homeowners would have to continue to deal with this problem. He stated that mistakes were made. He felt this was a unique circumstance. The City missed this error and approved construction and the house was 50% complete before the error was caught and work was stopped. The residents are the ones suffering. Board Member McRoy stated that it's valid to be concerned that granting a variance lessens the Board's authority He stated that this property is unique by the circumstances. He noted that the site cannot be modified without tearing down the house. He stated he would support a variance and that the uniqueness of the home may actually enhance the neighborhood. Board Member Leeper stated that she does not support this request. She stated that this is not a hardship — tear it down and start over. Board Member Moore stated that he still feels that Mercedes Homes knew that what they were submitting was wrong (against the Code). He wants them to tear it down. Chairman Brown stated that the HOA may have more problems than they realize. One unique house may cause some unique hardships. He does not support this. MOTION: Upon a motion by Board Member Moore and a second by Board Member Leeper, the Board voted 3 IN FAVOR and 2 OPPOSED to DENY the request for variance from the requirement to provide side or rear access to a garage per the Allen Land Development Code, Section 4.15.2, in order to construct a home with a front entry drive. Board Members Kirk and McRoy were opposed. The motion failed as it takes 4 affirmative votes for the Board to approve or deny a request. No variance was granted. El Adiournment I BOARD OF ADJUSTMENT February 5, 2007 Motion: The Board adjourned the Board of Adjustment meeting at 9:25 p.m. These minutes approved this L ` day of a J (j E'. 2007 PAGE Pam Conway, Sr. A7 tive