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Home My WebLink About05.24.1999 BA MinutesBOARD MEMBERS PRESENT: Max Browning STAFF MEMBERS PRESENT: Secretary of Board of Adjustment BOARD OF ADJUSTMENT MINUTES MAY 24, 1999 Ray Jameson, Cezar Cervantez, Joe Rodriguez Jr., Jennifer Wright, John Castro, Director of Community Development, Kristin Page, OTHER GUEST: Darvis Foster, Don Taylor, James Kennon, Bobby Bruce, Betty Reiman, StaceY Ream, Mary IC Mangum, J.B. Wheeler, Edward Salazar, Jimmy Cortez First item on the agenda, approval of minutes. Cezar Cervantez made motion to approve minutes as read and Max Browning seconded. Second item on the agenda, Case #1333, the request ofEdward Salazar for a variance of twenty-three(23) feet of the required twenty-five(25) feet front setback as stated in Section 34 of the City of Plainview Zoning · 4" Single Family Residential (R-2) Zoning District, and being Lot 1, Ordinance to build a 2 x 11' carport in a Block 6, Thunderbird Addition, Plainview, Hale County, Texas and same being 2601 Milwaukee Street. The board feels that would be the only logical place to build it and the staffhas no problem with this. There was one (1) in favor and one (1) with no response. Mr. Salazar stated that the carport would be built with 2 x 2 square tubing with 21/2 x 21/a poles, two (2) foot into ground w/cement. Cezar Cervantez made motion to approve BA # 1333 for reasons of being it is the most practical place to build a carport and also the understanding the correct supplies will be used in approval with the city code and ordinance. Joe Rodrigu~z seconded. Motion carried 5-0. Third item on the agenda, Case #1334, the request of Jimmy Cortez for a variance of one (!) foot 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 20x20 carport in a Single Family Residential (R-2) Zoning District, and being Lot 10, Block 3, Boynton Addition, Plainview, Hale County, Texas and same being 208 SE 8th Street. Mr. Cortez has-had a previous variance for :the old carport that is still up. That variance was granted several years ago, that variance granted him enough room to build out five (5)feet from the front set back. The old carport will be taken down for the new one to be put up. The staff does not have a problem with this and recommends approval of this request. Jo~ Rodriguez made motion to approve this variance, Cezar Cervantez seconded. Motion carried 5-0. Fourth item on the agenda, Case # 1335, the request of Mary Katherine Mangum for a variance of fourteen (14) feet one (1) inch of the required twenty-frye(25) feet front setback as stated in Section 34 of the City of Plainview Zoning Ordinance to build a 22' x 24' carport in a Single Family Residential (R-2) Zoning District, and being Lot 12 & 13, Block 1, West I-Iillcrest Addition, Plainview, Hale County, Texas and same being 206 West Crestway Street~ The carport is being built for Mary's father that is coming to live with her, so he will have covered parking. They plan to brick the columns so it will look like the front of the house. They want to make it look like its been there for years. The staff does not have any problem with this. There were 3 in favor and 0 opposed responses. Max Browning made motion to grant the variance, Cezar Cervantez seconded. Motion carried 5-0. - Fifth item on the agenda, Case #1336 the request of Darvis Foster for an additional variance of six (6) feet eight (8) inches of the required twenty-five(25) foot rear setback as stated in Section 34 of the City of Plainview Zoning Ordinance to build a 6' x 15' addition in a Single Family Residential (R- 1) Zoning District, and being Lot S 10'4 N 60'-5, Unit 5, Block 14, Brock Addition, Plainview, Hale County, Texas and same being 1403 Itasca Street. The board granted Mr. Foster a variance in 1974 to build within ten (10) feet of the rear set back. Sometime between then and now he added a 10 x 8 extension which is in the side setback. If this variance is granted, it has to line up with the original side of the house. The staffat this time does not find any hardship that would warrant building that close to the rear property line. The staffrecommendation is to recommend his disapproval. There were three responses, three (3) in favor and two (2) opposed. Mr. Foster stated the reason why the storage building cannot be built in another part of the yard, is because the yard is not that big and at the other end of the yard are flowers. The area where he wants to built is already concreted. Cezar stated.the request does not meet the definition ora hardshiP, to allow him to build that and being that it is to close to the rear setback, the alley. Cezar madethe motion on BA #1336 to disapproved. Jennifer Wright seconded. Motion carried 5-0. Sixth item on the agenda, Case #1337, the request of Stacy Ream for a variance of twenty-four (24) feet eight (8) inches of the required twenty-five (25) foot from setback as stated in Section 34 of the City of PIainview Zoning Ordinance to erect a fence in a Single Family Residential (R-l) Zoning District, and bein~ Lot N 12'-12 & 13, Block 6, Terry Addition, Plainview, Hale County, Texas and same being 3017 19m Street. Between the back of his house there is basically six (6)foot between his house and his neighbors lot begins on the West side of the bottom of the survey. The City considers his back yard the side yard, so the City will not allow him to build a wooden fence in front of his garage. His understanding is that he can put a chain-link fence or a three (3) foot wooden fence but not. a true six (6) foot fence. This creates a difficulty, due to the geographic arrangement of the lot. His lot does not allow for a yard behind his home bemuse of that, the City is not allowing ih~i~fc to extend ,out in. front and take in this side yard for a back yard. The reason for wanting to extemt the fence s or a sater place mr his children to play and a safe area to Put a storage building and basically to serve as a place to use as practical. The only variance he is asking for is not t0 have to put up chain-link fence which all of his neighbors opposed to but the Zoning would allow him to. The staffresponded that this lot was platted with a twenty-five foot set back offEnnis and 19~ St. The reason for that, the Planning Ordinance says if you have a comer lot you have to plat it with the understanding the house can_fac~_ Ennis or 19~, which Mr. Ream's fi'ont door faces 19~'. As offight now, Mr. Reams side yard is 2, 021 sq. Ft. His fence right now sets back about twelve feet from the'front setback, ~o if he would moved the fence to where the °Mi ance would an°w him to he W°uld gain additional 969 feet. A yard of about 3,000 sq. Ft or so. the staff does not feel that ranting a Vadance,ai ihe waY up the property line is warmted as they fe l t..hat there is no h..ar, dship. Cezar Cervantez abstain. Joe RodrigUez made mOtion to disapprove, due to Mr. ~;~on~S~.~! not meet the definition ora hardship as stated in the ordinance. Jennifer Wright seconded. Seventh item on the agenda, Case #1338 the request ofBetty L. Reiman for a variance oftwenty (20) feet of the required thirty (30) foot front setback as stated in Section 34 of the City of Plainview Zoning Ordinance to erect ~20 x !6. ,...c~po~l a Single Family Residential (R- 1) Zoning District, :and being Lot 5 N I0-6, Block 7, Green cres Aclrlit~on, t'lainvieW, Hale County, Texas and same bein~ 2021 W lO~ .q~r~ l*',h~ ,,o,4 .... :o ~,~,~ the only variance is for the front set back, not for the side set b~ck ~,~ ~v'ere-thre"'~' ~"~'~f~vo~'r~f~a~°d~*~''' · ( ) one(l) opposed to. The reason for the variance is so they could get rid of the grass and bring the water out from. Cezar ,C,c~....antez ~mad. e.m_orion to aPProve BA # 1338 the front set back stated on the request. Max Browning seconded. Nlor~on came4l ~-o. SECRETARY