HomeMy WebLinkAbout09.25.1995 BA MinutesCITY OF PLAINVIEW
BOARD OF ADJUSTMENT
MINUTES
SEPTEMBER 25, 1995
The meeting was called to order by Chairman, Whit Hunt.
Board members present were: Chairman, Whit Hunt, Mary Ann Guerrero, Betty Gonzales,
Ridley Gibson, Ray Jameson, and Joe Ed Sullivan.
Staff members present were: Muff London, Director of Community Development.
Also in attendance were Mr. & Mrs. Robert Criswell.
Ray Jameson made a motion to approve the minutes of the last meeting as written.
Motion was seconded by Joe Ed Sullivan. Motion passed 5 - 0.
BA CASE 1246, the request of Robert Criswell for the following variances for a carport:
1. Fifteen (I5) feet out of the fifteen (15) feet side setback;
2. Twenty-seven (27) feet by thirty (30) feet structure instead of the maximum
size allowed of twenty-four (24) feet by twenty-four (24) feet;
In a Residential-2 Zoning District on Lot 10,: BIk 8 of the highland addition, 1111 West
Eleventh, was presented by Muff London, Director of Community Development. Ms.
London used transparencies and a video of the property in presenting the case. There
were two'responses from neighbors, Sammy Patterson, 1202 W 11th St., was in favor,
and Nancy Durbin, 1004 Kokomo, also in favor. Ms. London stated that according to a
survey of the property, the house sets on the property line. The proposed carport will be
in the rear of the house.
Chairman, Whit Hunt, asked Robert Criswell to address the Board. Mr. Criswell came
forward and explained that the concrete slab has been there since 1975 or 76 and was
intended for a garage or carport. The Criswell's purchased the property in 1978 and Mr.
Criswell stated that they had just not built on the slab. Mr. Criswell explained that Bolts
were set in the concrete and he needs cover for his car and pick up. Ridley Gibson
asked where, they were parking now. Mr, Criswell stated that they were parking on the
slab. Mr. Cdsweli stated that the slab is even with the corner of the house and the poles
were planned to be set on the outside of the slab on the east side, Ridley Gibson asked
if there were other carports in the area. Mr. Criswell said that there were some on 11th
street which were attached to the houses. Chairman, Whit Hunt, explained that the law
says a hardship must be present to grant a variance of the Zoning Ordinance. Ray
Jameson stated that there was space to place a carport the maximum size of 24 X 24 on
the Cdswell property without a variance at all. Mrs. Criswell stated that it would cut that
back yard in half. She also stated that she has a heel spur. Mrs. Criswell explained that
this is an older part of town, they have remodeled the house and were trying to help the
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looks of that part of town. Mrs. Criswell told the Board that Byron Bennett poured the
slab when the garage was closed in. She understood that everything was O.K. with the
City when they purchased the house. Mrs. Criswell stated that the water drains to the
south side of the property. Mr. Criswell stated that the carport would look better if made
to completely cover the concrete. Mrs. Criswell asked if a permit taken out in 1975 would
allow construction as they wanted. Muff London, Director of Community Development,
explained that there' were time limits for beginning construction, such as 12 months on
building permits, and that would keep an old permit from being valid at this time. Muff
London, stated that the original plans she received showed the carport to be 30 X 27.
Ridley Gibson stated that the overhang would be onto their property. Ms. London asked
that the Criswell's consider moving the carport back from the property line. Joe Ed
Sullivan made a motion to approve the request for a variance at 1111 W 11th to allow a
27 X 30 carport. The motion was seconded by Ridley Gibson. The motion failed 3 - 2
with Whit Hunt and Ray Jameson voting against the motion. Ray Jameson stated that
there was sufficient space on the lot for a 24 X 24 foot carport, and that he would vote
to approve one of that size even if it required a variance of a couple of feet on the
Kokomo side. Ridley Gibson asked if Mr. Jameson meant, allowing the carport to be
flush with the house, but only allOwing 24 feet deep into the property. Mr. Jameson
stated that he intended just the opposite. There is plenty of reom to be within the
guidelines of the Ordinance. Ms. London suggested that the Board consider allowing the
building of the carport 2 ft. 7 in. back from the property line with dimensions of 24 X 24
ft. 6 in., which is the size of the slab. Whit Hunt asked if the dimensions on the plans
were in feet and inches or feet and tenths of inches. Ms. London stated that they were
in inches and if they were tenths it would only mean a difference of a couple of inches.
Ridley Gibson asked if the Criswells would like for the Board to table the case pending
their making other plans and seeing if the proposal of Muff London if a workable solution.
Joe Ed Sullivan asked Mr. ~Criswell to explain what other plans he has for the property
if the request is approved at written. Mr. Criswell stated that if he moves the carport back
from the property line it would not line up with the house~ He is planning a fence to go
between the corner of the house to the carport. If they don't line up the fence will have
to be crooked and would not look as good. Joe Ed Sullivan suggested that; the board
approVe it at 6 inches back from the property, line which would make it difficult to detect
visually when the fence is built. Whit Hunt stated that he would vote to approve the
property :line variance but not a second variance ~o allow the carport to be larger than the
24 X 24 guideline. Whit Hunt stated that he was hung up on the request for two
variances, one to built on the property line and the second to build a larger carport than
the ordinance allows. Mr. Hunt stated that he would vote to grant the variance for the
property if he would build it 24 X 24. Mrs. Criswell asked if a storage shed could be built
on the rear of the carport. Ray Jameson made a motion to allow the request to build the
carport on the property line, with a size of 24 X 24, not to; extend past the property line.
Mary Ann Guerrero seconded the motion. Motion passed 5- 0. Mrs. Criswell asked if
they could come before the Board with another request at a later date. Mr. Criswell
stated that he dOesn't want to waste the concrete.
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Muff London, Director of Community Development, presented some research on past
carports. This research is to set guidelines for a possible ordinance to give administration
more authority in granting building permits for carports. Ms. London, asked how the Board
would like to have this presented. Chairman, Whit Hunt, suggested that the staff make
a proposal and present to the Board. The Board will then study the proposal and make
any recommendations for changes if they felt any were needed. Ms. London stated that
she would have the recommendations for the ordinance on carports ready for the next
meeting. With no further business to discuss, the meeting was adjourned.
Chairman, Board of Adjustment
Secretary, Board of Adjustment
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