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HomeMy WebLinkAbout07.23.2001 BA MinutesBOARD OF ADJUSTMENT MINUTES 7-23-2001 BOARD MEMBERS PRESENT: Ray Jameson, John C. Bickel, Max Browning, Fred Willis, Charlene Jones STAFF MEMBERS PRESENT: John Castro, Director of Community Services, Katy Seals, Community Development Secretary OTHER GUEST PRESENT: Alberto Aguirre, Pedro Seca, Richard Garza Charlene Jones sworn in as new Board member. First item on the agenda: Approval of June 2001 minutes. Fred Willis made motion to accept minutes as read and Max Browning seconded. Motion carried 4-0. Second item on the agenda: The request of Marty Gomez for a variance of twenty five (25) feet of the required twenty five (25) foot front setback and five (5) feet of the required five (5) foot side setback as stated in Section 34 of the City of Plainview Zoning Ordinance to build a 20' X 18' carport in a Single Family Residential (R-2) Zoning District, and being the Lot 3, Block 38, Highland Addition, Plainview, Hale County, Texas and same being 1211 Lexington Street. No one is present to represent this ease. There was one response received in favor of the variance stating "To remodel this property is great." John Castro stated Mr. Gomez only has eighteen (18) feet left from where his house is sitting to his front property line. This is an instance where if he is approved for any less of the front setback than what has been requested, would result in an unusable carport. John Castro added there could be no type of encroachment into the right of way. He adds that staff feels that due to the way the house sits eighteen (18) feet from the front property line then it would be prudent to grant him the eighteen (18) feet of the front setback even though the variance states twenty five (25) feet of the required twenty five (25). In older sections of town such as this you have what is called illegal non-conforming use because most of the houses are lined up on the same imaginary line resulting in them all probably sitting at eighteen (18) feet. When a variance is requested, you cannot ask for eighteen (18) feet of the required twenty five (25) feet because there is not actually twenty five feet available. Staff recommends instead of the five (5) feet of the required five (5) feet, the variance be granted for three (3) feet of the required five (5) feet due to the close proximity oftbe two houses and this house being about four (4) feet from the side property line. Max Browning made motion to grant the variance for twenty five (25) feet of the required twenty five (25) foot front setback and three (3) feet of the required five (5) foot side setback. Fred Willis seconded the motion. Motion carried 5-0. Third item on the agenda: The request of Pedro H. Seca for a variance of five (5) feet of the required five (5) foot side setback as stated in Section 34 of the City of Plainview Zoning Ordinance to build a 10'10" X 20' carport in a Single Family Residential (R-2) Zoning District, and being the S48' of Lot 14, Block 77, Highland Addition, Plainview, Hale County, Texas and same being 1504 Kokomo Street. Pedro Seca is present along with Richard Garza for this case. There were two responses received, both in favor of granting the variance. According to John Castro, the property owner does not want to build anything in front of the house, only onto the side of the house, being a carport the full length of the house. Mr. Castro stated staff recommends the entire side setback be granted as requested. The actual measurements of the carport will be 10' 8" X 27' 3". John Bickel asked what type building materials would be used and Mr. Garza stated it would be metal. John Bickel then made motion to grant the variance due to the circumstances of the placement of the houses that the Board grant the variance. Fred Willis seconded the motion. Motion carded 5-0. Fourth item on the agenda: The request of Alberto Aquirre for a variance of four (4) feet six (6) inches of the required five (5) foot side setback as stated in Section 34 of the City of Plainview Zoning Ordinance to build a 24' X20' carport in a Single Family Residential (R-2) Zoning District, and being Lot 5, Unit 4, Block 18, Thunderbird Addition, Plainview, Hale County, Texas and same being 1317 Navajo Trail. Mr. Aguirre was present for this case. There were five responses received, four in favor of the variance and one against. The comments for one of the in favor responses are as follows: "This is his second request. You know what he wanted the 1st time even though it was written wrong. I hope you didn't charge him another fee." Another in favor response commented: "I, Marisela Rivera live at 1319 Navajo Trail. Alberto Aguirre is my neighbor. He is wishing to build a carport at his house, on his driveway. I am aware that this carport will be close to his/my property line, I am in full support of him building this carport close to my house, I do not see now or at any time in the future any problems that this may cause. I agree for this Board of Adjusmaent to allow Albreto Aguirre to build this carport." The one response against the variance stated the following: "I am opposed to Deed Restrictions being changed or broken. This just leads to other things being built or done that will effect the look of the neighborhood." Mr. Aguirre states he appeared before the Board last month but due to miscommunication, he did not request, nor was he granted, a variance for the side variance he actually needed to build his carport. John Castro stated staffhas no problem with granting this variance based on the response of the neighbor at 1317 Navajo Trail. Max Browning asked if the negative response received was the same as from last month's request and John Castro stated that it was. Mr. Aguirre stated the carport would be constructed of C-Channel new material. He says he will use three posts that are 4 X 4 steel for stability, due to the strength of the west Texas winds. Mr. Aguirre inquired if it was correct that he was charged an additional fee and Ray Jameson stated the Board has no choice in the matter. Fred Willis made motion to grant the variance as requested and Charlene Jones seconded the motion. Motion carded 5-0. Max Browning made motion to adjourn and John Bickel seconded the motion. Motion carded 5-0. MEETING ADJOURNED SECRE~A~