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Min - Board of Adjustment - 2007 - 06/04 - RegularBOARD OF ADJUSTMENT ® Regular Meeting June 4, 2007 CITY OF ALLEN Board Members Present: Ed McRoy Alexander Kirk Sally Leeper Griffith Moore Greg Cavalli, Alternate Board Members Absent: Frank Brown, Chair City Staff Present: David Hoover, Director Lee Battle, Assistant Director Mari Bailey, Senior Planner Erin Jones, Planner Pam Conway, Senior Administrative Assistant Amber Slayton, Attorney Regular Agenda Call to Order and Announce a Quorum is Present: With a quorum of the Board Members present, Acting Chairman Moore called the meeting to order at 7.15 p.m. in the City Hall Council Conference Room at Allen City Hall, 305 Century Parkway Agenda Item 1: Approve Minutes from the Board of Adjustment meeting from February 5, 2007. Motion: Upon a motion by Board Member Leeper and a second by Board Member Kirk, the Board voted 5 IN FAVOR, 0 OPPOSED, to approve the minutes. The motion carried. Agenda Item 2: Public Hearing — Conduct a Public Hearing and consider a request by Scotty and Susie Steen for a variance to the Allen Land Development Code, Section 4.15.2, to construct a covered patio at 906 Hebron Drive, being Lot 20, Black D, Quail Run Phase I addition. BOARD OF ADJUSTMENT PAGE 2 June 4, 2007 Mari Bailey, Senior Planner, introduced herself to the Board and presented the case. She described the existing home and the 25 foot setback requirement on corner lots, and why a variance was necessary Graphic examples of the patio were presented, in addition to the details on the materials, design, and dimension of the requested unenclosed porch. Ms. Bailey presented the letter of approval which the Steen's received from the Quail Run Home Owners Association for the requested extension of the roof line for an unenclosed porch. No opposition was received from neighbors, in writing or phone calls. Board Member McRoy asked what the hardship was in this case. Ms. Bailey stated that the house plan wasn't ideal for this comer lot — a mismatch that results in a physical/spatial constraint preventing a reasonable use the homeowners have a right to enjoy She stated that given the existence of the fence line along Pelican Drive and that the porch is unenclosed, staff does not believe the request would result in a deviation from the intent of the Ordinance as it pertains to corner lot setbacks, which is to ensure visual uniformity Therefore, she said staff recommends approval of the request with a condition that the patio structure never be enclosed in the future. The Board questioned how staff could insure that the structure is never enclosed. David Hoover, Director, stated that a note will be placed on the plat. Board Member McRoy asked whether the Steen's house was right up against the northern property line. Ms. Bailey said it was close to the property line, and presented the survey which provided the side yard setback line and dimension label. Acting Chairman Moore opened the Public Hearing. Mr. Scotty Steen, Applicant, affirmed that the house is right up against the building line to the north. He also said that the mismatch in the choice of home design with this comer lot also prevented construction of a bay window, originally designed for this pattern. Board Member McRoy asked if it was a spec house, and Mr Steen said it was. With no one else wishing to speak, the Public Hearing was closed. Board Member Leeper stated that she finds nothing is being compromised in the Ordinance by this request and she supports it. MOTION: Upon a motion by Board Member Kirk and a second by Board Member Leeper the Board voted 4 FOR AND 1 OPPOSED to grant the request for a variance to the Allen Land Development Code, Section 4.15.2, to construct a covered patio at 906 Hebron Drive with the condition that it is never enclosed. Board Member McRoy was Opposed. The Motion Carried. Adjournment Motion: The Board adjourned the Board of Adjustment meeting at 7:30 p.m. BOARD OF ADJUSTMENT June 4, 2007 PAGE Thes s ap ed this a hC/ day of ALL A 2008 -Frank-B own, Chairman Pam onway. Sr. Administra�r Assistant I