HomeMy WebLinkAbout08.26.1996 BA MinutesCITY OF PLAINVIEW
BOARD OF ADJUSTMENT
MINUTES
AUGUST 26, 1996
The meeting was called to order by Chairman, Whit Hunt.
Board members present were: Chairman, Whit Hunt, Betty Gonzales, Ray Jameson, and
Joe Ed Sullivan.
Staff member present was John Castro, Director of Community Development.
Joe Ed Sullivan made a motion to approve minutes of the last meeting, seconded by
Betty Gonzales. Motion passed..4 - O.
John Castro presented to the board BA Case No. 1262, the variance request of Max
Gabdel. Mr. Gabriel came forward and explained to the Board his request. Mr. Gabriel
stated that this would be the only corner lot Garden Home in Plainview. Mr. Hunt
expressed concern with similar future variance request's. Mr. John Castro gave the staff
recommendation as unsure of what kind of homes will be built on the empty lots and the
staff is uncomfortable accepting Mr. Gabriel's vadance request. Mr. Gabriel presented
a copy of deed restriction for his property.
Joe Ed Sullivan made a motion to table the request, until the City Attorney review the
deed restriction papers. Motion passed 4- O.
BA Case No. 1263, the variance request of Todd Gilbreath was presented by Mr. John
Castro. Mr. Gilbreath explained his request of variance of 5 feet 3 inches of the required
twenty foot setback for a storage building with a garage entrance from the street to the
Board.
? made a motion to grant Mr. Gilbreath's variance request, seconded by Betty Gonzales.
Motion passed 4 - 0.
BA Case No. 1260, the request of Glen and Sandra Smith for a variance of 11.2 feet of
the required 25 feet to build a carport at 101 SE 8th Street.
Betty Gonzales made a motion to approve the variance, seconded by Ray Jameson.
Motion passed 4- O.
The Committee request recess so that Mr. Castro could contact Wally Hatch, City
Attorney and join the meeting for reviewing of the deed restriction documents entered by
Max Gabriel. To determine if deed does indeed prevent this type of situation from
occurring again.
8:20 P.M., continuation of BA Case 1262
Meeting resumed with Mr. Hatch present, discussion began. Mr. Hatch explained that
anything that has to be done needs to approved by the Architectural Committee.
Argument can be made that they maintain in control and Mr. Gabriel is the developer.
Mr. Gabriel has control but the Board of Adjustment also has control. Mr. Ray Jameson
stated the city sets forth the law but the Board varies with the city. The Board sets
adjustments on one piece of property, under one set of circumstance at one time which
may never exist again. The Board could compare similar situations, so the same mistake
would not occur.
Joe Ed Sullivan made a motion to approve the variance request of Mr. Max Gabriel,
seconded by Betty Gonzales. Chairman, Whit Hunt made the motion to include the
following: variance can be granted so the Spirit of the Ordinance shall be observed and
substantial justice done. The Spirit of the Ordinance has been upheld by their
architectural review work. The variance will be granted related to construction which
impose a practical difficulty on building on the corner lot of 609 S. Holiday, which is
narrower than rest of Mr. Gabriel's garden homes. The motion was seconded by Betty
Gonzales. Motion passed 4 - 0.
Chairman, Whit Hunt requested that each meeting not be a 4 member meeting since it
puts the Board in a substantial disadvantage. If a board member disagrees, the
committee can not vote to disagree because one person overrides the will of three others.
This situation should not exist for the Board of Adjustment Hearings.
With no further business to discuss, the meeting was adjourned.
Chairman, Board of Adjustment
Se-cretary, Board of Adjustment