HomeMy WebLinkAbout09.26.1994 BA MinutesCITY OF PLAINVIEW
BOARD OF ADJUSTMENT
MINUTES
SEPTEMBER 26, 1994
The City of Plainview's Board of Adjustment met on September 26, 1994. The meeting
was called to order by Chairman, Randy Ballinger.
Board members present were: Chairman, Randy Ballinger, Mary Ann Guerrero, Whit
Hunt, and Nathan Boles.
Staff member present was: Muff London, Director of Community Development.
City Council Member, Alton Jackson, was also present.
^ motion was made to approve the minutes with a correction showing Mary Ann Guerrero
present and not Gary Stone by Nathan Boles, seconded by Whit Hunt. Motion passed
4-0.
Muff London, Director of Community Development, presented case 1229 with the use of
a video of the property and transparencies. Ms. London pointed out on the video that
there were other carports in the area. Randy Ballinger ask Mr. Hernandez to come
forward and state his name for the record. Mr. Ballinger ask Mr. Hernandez to clear up
a misunderstanding concerning the proposed construction of the carport. Mr. Hernandez
explained that the way he had measured the area for the carport was not right. He did
not realize he was so close to the side property line. He then stated that he could
change his plans and bring the carport out from the corner of the house and take in about
5 feet of his yard, but that would not cause a problem. Mr. Hernandez explained that he
has plans to redo his drive in the next year or so, and that he could extend the concrete
at that time to make room for 2 vehicles. Randy Ballinger asked what materials were to
be used. Mr. Hernandez stated that he planned to use metal and that he and his brother-
in-law had planned to slope the roof of the carport to have runoff towards the sides. Whit
Hunt stated that the Board has the power to grant a variance based on a hardship, and
wanted to know what hardship Mr. Hernandez was faced with. Mr. Hernandez explained
that he had 3 vehicles and a 1 car garage. He felt the carport was needed to protect the
vehicles which could not be in the garage. Randy Ballinger asked Muff London if the
Staff had a recommendation. Ms. London stated that any time a case comes before the
Board of Adjustment it was because the building department had denied a building permit,
which means that the City Staff had decided that the project could not be done within the
guidelines of the City Ordinances. She also stated that there are similar variance
requests on next months agenda. She stated that one of the request for next month was
in an area that did not have any carports in the neighborhood, and that the board was
going to have to make a decision as whether to allow all carports, no carports or only
carports in areas that already have them. Randy Ballinger asked if there was any
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correspondence. Ms. London stated that there had been none. Randy Ballinger asked
Mr. Hernandez if he understood that the uniformity of carports was important in keeping
the neighborhood looking nice. Nathan Boles made a motion to grant the request of
Jesse R. Hernandez for a variance of fifteen (15) feet of the thirty (30) feet front setback
as required in Section 32 for a carport in a Residential-1 zoning district on the west half
of lot 18 and all of lot 19, block 4, of the High School Addition, (1810 W 19th), with the
stipulation that the carport be constructed as presented to the Board and be lined up with
the house and that materials and construction be up to City Codes. Motion was
seconded by Mary Ann Guerrero. Ms. Guerrero asked Mr. Hernandez if his brother-in-
law built carports for a living. Mr. Hernandez said no, but that he had built several for
other people. Whit Hunt asked how many people were in the family. Mr. Hernandez said
5, a daughter who is a senior, and son in the second grade and a daughter in the eighth
grade. Whit Hunt stated that he did not feel there was a hardship, but if the rest of the
board felt there was he would go along with them. Ms. London pointed out that the board
had approved a similar request in the area. Mr. Hunt stated that he recalled having the
same feelings at that time. He does not see a hardship in this case. Mr. Hunt stated that
it would be bad for Mr. Hernandez to be the first one turned down, but there has to be
a first. He said that if the board could not turn these down they were not doing the job
that the City asked them to do. Mr. Hunt also stated that he was concerned that they do
not know what the carport is going to look like, that the runoff is directed toward the side
property line and may get onto Mr. Hernandez's neighbors property. Mr. Hunt also
expressed concern that Mr. Hernandez had started setting poles before requesting the
variance. Mary Ann Guerrero asked if he had purchased the materials. Mr. Hernandez
said that his brother-in-law had the materials in a barn. Randy Ballinger stated that the
runoff was a concern, because it should be directed toward the street. Mr. Ballinger
called for a vote. The final vote was 4 - 0 in favor of the variance. The Board requested
that Ms. London require drawings and a list of materials to be used in construction for all
future cases. Whit Hunt also asked that more members be present for future meetings
to help releive the pressure of possibly voting for or against something. When only 4
members are present, if one doesn't agree, he feels obligated to vote with the majority.
The meeting was adjourned.
Chairman, Board of Adjustment
Secretary, Board of Adjustment
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