Min - Board of Adjustment - 2013 - 03/04 - RegularBOARD OF ADJUSTMENT
SIGN CONTROL BOARD
BUILDING AND STANDARDS COMMISSION
rv��
Workshop and Regular Meeting
CITY OF ALLEN March 4, 2013
ATTENDANCE:
Board Members Present:
Gene Autrey, Chairman
Deborah Angell Smith, l" Vice Chair
Ken Barry
Joel Hemphill
Kimberly Clarkson
Ron Alexander, Alternate
Absent:
Michael Freiberger, Alternate
City Staff Present:
Ogden "Bo" Bass, AICP, Director of Community Development
Lee Battle, AICP, Assistant Director of Community Development
Kurt Kasson, CBO, Chief Building Official
Shelby Griffin, Planner
Kevin Laughlin, Attorney
Workshop Meeting
Staff held a workshop meeting about Zoning and Subdivision Regulations 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
Ciambers at Allen City Hall, 305 Century Parkway.
Consent Agenda
1. Approve minutes from January 7, 2013 Board of Adjustment Meeting,
1" Vice Chair Smith asked for Alternate Board Member Freiberger to have a consistent title throughout
the minutes.
Motion: Upon a Motion by 1" Vice Chair Smith and a Second by Board Member
Hemphill, the Board voted 6 IN FAVOR and 0 OPPOSED to correct the title of
Board Member Frieberger as an alternate Board Member.
The Motion Carried.
Motion; Upon a Motion by 1" Vice Chair Smith and a Second by Board Member
Hemphill, the Board voted 6 IN FAVOR and 0 OPPOSED to approve the
Consent Agenda.
The Motion Carried.
BOARD OF ADJUSTMENT
March 4, 2013
PAGE
Reeular Aeenda
I. Board of Adjustment Public Hearing — Conduct a Public Hearing and consider a request to locate
a portion of an existing fence into the front yard contrary to Section 7.07.1.a of the Allen Land
Development Code. The property is located at 402 Keith Drive, Allen, Texas. (BOA -1/18/13-1)
[402 Keith Drive]
Mr. Kurt Kasson, CBO, Chief Building Official, presented to the Board. The subject property is a single-
family residential lot located at 402 Keith Drive in the Allenwood Estates No. I subdivision. The
property is located at the southwest comer of Keith Drive and Greenville Avenue.
The applicant is requesting a variance to the Allen Land Development Code (ALDC), Article VII, Section
7.07. La which does not allow fences to be located within the front yard. The front yard of the property
mars along Keith Drive. The front yard setback for the property is thirty (30) feet.
More specifically, the applicant is requesting a variance in order to locate a portion of an existing fence in
the front yard of the property The fence encloses a basketball court that is located at the northeast comer
of the site. This basketball court was placed over an existing tennis court. The northern portion of the
fence (parallel to Keith Drive) encroaches fifteen feet (15') into the front yard
Mr. Kasson reminded the Board that they have the authority to authorize a variance where
1. The variance will not he contrary to the public interest.
2 A special conditions exist.
3. A literal enforcement will result in an unnecessary hardship.
4 Spirit of Code observed and substantial justice done.
Mr. Kasson listed the following special conditions for the property at 402 Keith Drive:
1 Greenville Avenue is a six lane divided arterial with an estimated 20,000 vehicular trips per day
Because the lot is adjacent to Greenville Avenue, there is a potential threat to public safety if a
portion of the basketball court is not enclosed.
2. Greenville Avenue was widened from a two lane roadwav to a six lane roadway in 1999 The
house was built in 1962. The widening brought the traffic lanes closer to the house at that time.
3. The original tennis court existed for many years prior to it being converted to a basketball court.
4 The lot is an irregular shape and has sloping topography; which dictated the placement of the
original tennis court.
Mr. Kasson stated that by granting the variance, it would not be contrary to the public interest, that a
literal enforcement of the ordinance would result in an unnecessary hardship, and that the spirit of the
ALDC would be observed and substantial justice be done Mr. Kasson recommended approval of the
request.
Chairman Autrey opened the Boor for discussion
Chairman Autrey stated that the property has been significantly improved
Board Member Clarkson stated she had a safety concern if there was no fence around the basketball court.
Alternate Board Member Alexander added that he also had a concern for safety.
it
I
BOARD OF ADJUSTMENT
March 4, 2013
PAGE
Board Member Barry asked about the location of the court on the property Mr. Kasson stated that the
location is within the area that the previous tennis court was located.
Chairman Autrey asked for the applicant to come forward.
Chris Trerathan, Applicant, 402 Keith Dr., addressed the Board.
Motion: Upon a Motion by 1" Vice Chair Smith and a Second by Board Member
Hemphill, the Board voted 6 IN FAVOR and 0 OPPOSED to approve the
location of the existing fence in the front yard of 402 Keith Drive.
The Motion Carried.
Adjournment
Motion: Upon a motion by Board Member Barry and a second by I" Vice Chair Smith the
Board voted 6 I FAVOR, and 0 OPPOSED to adjourn the meeting at 7:28 p.m.
These mi rites pr pared and filed in the offices of the Allen Board of Adjustment, Sign Control Board,
and Buil n Stnandards Commission this 5" day of January, 2013.
Ogden ' bass, AIC helbv G r i M Plan er–/\
Director f Community Development
These minutes approved his day of 0(,-,Ulpt Y— 2013.
Gene A tr , Chairman eIby Gr , PI nner