Min - Board of Adjustment - 2001 - 11/06 - Special CalledBOARD OF ADJUSTMENT
SPECIAL CALLED MEETING
NOVEMBER 6, 2001
ATTENDANCE:
Board Members Present:
Jeff Cocking, Chairman
Alexander Kirk
Robert Moreno
Edward McRoy
Robert Engle
Board Members Absent
None
City Staff Present:
David A. Hoover, Assistant Director of Planning & Development
Bret McCullough, Chief Building Official
Debbie Burgett, Planning Technician
9
CALL TO ORDER AND ANNOUNCE A QUORUM
With a quorum of the Board present, the Board of Adjustment was called to order at 7:30 p.m. by
Chairperson Cocking at the City Council Chambers, Allen City Hall, 305 Century Parkway,
Allen, Texas.
REGULAR AGENDA
I Election of Officers — Chairperson and Alternate Chairperson
Board Member Kirk nominated Jeff Cocking for the office of Chairperson. With no other
nominations, Jeff Cocking was elected Chairperson by acclamation.
Board Member McRoy nominated Alexander Kirk for the office of Vice -Chairperson. With
no other nominations, Alexander Kirk was elected Vice -Chairperson by acclamation.
2. Approve Minutes of September 4, 2001, Called Special Meeting.
MOTION. Upon a motion by Board Member McRoy and a second by Board Member
Moreno, the Board voted 5 For, 0 Opposed, to approve the minutes of September
4, 2001. The motion carried.
BOARD OF ADJUSTMENT PAGE 2
NOVEMBER 6, 2001
3. Public Hearing — Consider a request by Ms. Angela Harper of the decision by the Chief
Building Official that recent construction on the west side of the residence is not just a fence,
but should more appropriately be treated as a structure due to the height and method of
construction. Structures must adhere to the building line setbacks. The home is located on
Lot 1, Block 24, of the Fountain Park 5 Addition, Allen, Collin County, Texas; further
described as 800 Willow Brook Drive.
Mr. David Hoover presented the request to the Board. He stated that the applicant, Ms.
Angela Harper, had applied for a fence permit on June 22, 2001 for the above-described
location. The permit was approved and issued on June 29, 2001. After an inspection of the
premises, it was determined that the construction was not a fence. The applicant was advised
by The Building and Code Department that the structure would have to be removed. Mr.
Hoover recommended denial of the appeal and to uphold the Chief Building Official's
decision.
Chairman Cocking opened the public hearing, and administered the following oath to
Ms. Angela Harper, 800 Willow Brook Drive, Allen, Texas, who answered in the
affirmative.
El"Do you solemnly swear or affirm that the testimony you shall present in this proceeding
shall be the truth and nothing but the truth, so help you God."
Ms. Harper, the applicant, gave a PowerPoint presentation to the Board, a copy of which is
attached hereto.
Board Member Moreno questioned if the original plans were for a 7 -foot fence or a covered
porch. Ms. Harper answered that the original plans were for a covered porch but that the
Building and Code Department rejected the permit.
Board Member Kirk questioned Ms. Harper about the concrete deck, if it was pre-existing or
constructed after the original plans had been rejected. Ms Harper replied that she could not
be sure when the deck had been constructed.
Ms. Harper indicated that she felt the notices sent out to the residents should have included
the definition of a fence.
Board Member Moreno questioned if the original construction plans showed the concrete
slab. Ms. Harper indicated that they did. He then asked Ms. Harper if she was aware of the
set back rule at the time she submitted the original drawings for permit. She responded that
she was aware of the set back rule.
Board Member McRoy questioned Ms. Harper about the height of the poles in the area next
to the premises. Ms. Harper indicated the poles closest to the premises were 8' and the
remaining poles were 7' in height. He then asked Ms. Harper at what point was she notified
of the building violation and told she must stop construction. Ms. Harper responded that it
BOARD OF ADJUSTMENT PAGE
NOVEMBER 6, 2001
was the very day the poles were set. He asked who had notified her of the violation and her
response was that she did not know the person's time, but it was someone from the city. He
then questioned what her reaction was and if she had stopped construction. Ms. Harper
indicated that the construction continued with the setting of the poles. At this point Mr.
Harper requested to speak.
Chairman Cocking, advised Mr. Harper that he would have to be sworn in and
administered the following oath to Mr. Dwayne Harper, 800 Willow Brook Drive,
Allen, Texas, who answered in the affirmative.
"Do you solemnly swear or affirm that the testimony you shall present in this proceeding
shall be the truth and nothing but the truth, so help you God."
Mr. Harper indicated that the construction on the fence continued but they still believed that
the fence was in compliance with the city ordinance.
Board Member Kirk questioned the actual date the Harpers applied for a permit for the
covered porch. Ms. Harper stated that application date was May 17`h He then asked if they
had already started construction before the application date. Ms. Harper indicated that the
concrete slab had already been constructed. Board Member Kirk questioned the date
application was made for a fence permit. Ms. Harper gave the date of August 2001. Board
Member Kirk asked if it was possible for the structure to be altered to comply with the
definition of a fence as stated in the ordinance.
Board Member McRoy asked Ms. Harper if they continued with construction after she had
received the violation notice. Mr. Harper responded to the question and indicated that the
construction of the roof had been stopped but that other construction, such as trim work, had
continued.
Chairman Cocking questioned if the application for the fence permit provided appropriate
documentation and drawings for the type of structure to be installed and what the original
intent was for the structure. Ms. Harper indicated the original application was for a porch but
after discussion with the city it was changed to an application for a fence.
With no one else wishing to speak for or against the request, Chairman Cocking closed
the public hearing.
Board Member McRoy questioned Bret McCullough, Chief Building Official, about possible
changes that occurred to the ordinance and what effect there would have been on the
definition of the structure. Mr. McCullough indicated changes had been made to the
ordinance that occurred after the initial discussion with Ms. Harper about the construction of
a fence. Board Member McRoy asked Mr. McCullough if the original information conveyed
to Ms. Harper was accurate at the time he spoke with her. Mr. McCullough replied that the
information was accurate based on the ordinance at the time. Board Member McRoy
questioned the appearance of the concrete deck and posts, which made this look more like a
I
0
BOARD OF ADJUSTMENT
NOVEMBER 6, 2001
PAGE
structure than a fence and was this considered as part of the decision to have Ms. Harper stop
construction. Mr. Hoover responded, stating that the construction of the deck and posts made
it a structure and that a fiberglass top could be added making it a covered porch, at which
point it is no longer a fence. Board Member McRoy then asked if the structure would be
considered an improvement to the premises and Mr. McCullough responded that it would.
Board Members further discussed the question of whether it was a fence or a structure.
MOTION: Upon a motion by Board Member McRoy and a second by Board Member
Moreno, the Board voted 4 FOR and 1 OPPOSED to deny the request as
presented and confirm the decision of the Chief Building Official. The motion
carried.
ADJOURN
MOTION: Upon a motion by Board Member Kirk and a second by Board Member Moreno,
the Board voted 5 FOR and 0 OPPOSED to adjourn the November 6, 2001,
meeting at 8:45 p.m.
These mmto a pr ed s day of 2001.
Chaff eff o 'ng Debbie Burgett, Vlanning Department
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