HomeMy WebLinkAbout10.25.1993 BA MinutesBOARD OF ADJUSTMENT HEARING
Monday, October 25, 1993
MINUTES
Meeting was' called to order by Chairman, Lynn Davis.
Board members present: Lynn Davis, Randy Ballinger, Betty Gonzalez, Paul Lyle, and Mary Ann Escamila.
Staff members present: Muff London, Director of Community Development, and Debra Harris, Secretary
Board of Adjustment.
Motion made by Randy Ballinger that the minutes of the September 27 meeting be approved as provided
in the Board packets. Motion seconded by Betty Gonzales. Motion passed 5 - 0.
CASE 1202 was presented by Muff London, Director of Community Development, with the use of
transparencies and a video of the property in question. Mr. Reed was present. Paul Lyle made a motion
that the Board approve the request of Mr. Reed for a variance of seven and one-haft feet of the twenty feet
side setback for a garage as stated in Section 34.4 in a Single Family Residential - 1 Zoning District; and
located on the South 30 feet of Lot 4 & Lot 5, Block 2 of the Boss Smelser Subdivision of Boswell Heights
Addition and generally located at 1201 Travis. The motion was seconded by Betty Gonzales. Motion
passed 5 - 0.
CASE 1203 was presented by Muff London with transparencies and a video of the property. Mr. Whitaker
was present at the meeting to answer questions from the Board. Mr. Whitaker stated that he wanted to
enclose his car port to cover his new pick up because a brick had been thrown through the windshield by
vandals. Mr. Lyle asked about other vandalism in the neighborhood. Mr. Whitaker stated he was not sure
about his neighbors, but his home has been broken into twice in the past. Randy Ballinger made a motion
that the Board approve the request of Jackie Whitaker for a variance of eight feet of the ten feet required
side setback for a garage as stated in Section 34.1 in a Single Family Residential - 2 Zoning District and
located on Lot 1 Block 76 of the Highland Addition and generally located at 1507 Kokomo. The motion was
seconded by Mary Ann Escamila. Motion passed 5 - 0.
CASE 1204 was presented by Muff London with transparencies and a video of the property in question.
Tom Prutzman was present representing Jacob Masso. Lynn Davis asked if the Masso were planning to
make the addition match the remaining house. Mr. Prutzman stated that he had matched the brick very
well, and expected the work not to appear as though the house had been added on to. Paul Lyle made
a motion that the request of Tom Prutzman on behalf of Jacob Masso for fourteen and one-half feet of the
twenty feet side setback for a garage as stated in Section 34.4 and Seven feet of the required twenty-five
feet rear setback for a garage as stated in Section 34.5, being in a Single Family Residential - 1 Zoning
District; and located on Lot 1 Block 8 of the Brock #2 Addition and generally located at 1313 Floydada be
approved. Motion seconded by Betty Gonzalez. Motion passed 5 - 0.
Chairman Lynn Davis requested that Muff London, Director of Community Development, review the three
cases which had been tabled during the September 27 meeting. Mr. London presented transparencies and
a video on each case.
CASE 1197: Mr. Catlin was present to answer questions from the Board. Following the review
presentation by Mrs. London, Paul Lyle ask how many post would be on the property line. Mr. Catlin stated
he would use whatever the City Codes called for. Mr. Catlin stated that a single car carport would render
his garage useless, because they would have to move a car to get into the garage. When asked by Randy
Ballinger, he stated that none of his neighbors has voiced any objection. The house on which property line
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the carport would join is rental property. Mr. Lyle stated that he had a real problem with allowing any
construction on the property line and would always vote against such variances. Mr. Catlin stated that he
could get by with six feet of the required eight feet of side setback. He felt this could be done by reducing
the size of the carport. Mrs. London asked if there was a problem with tying in the porch. Mr. Catlin stated
there was. Randy Ballinger ask Fred Bechtold the average size of a double carport. Mr. Bechtold stated
20 X 20. Randy Ballinger asked Mrs. London if the City staff had any problems with the change to six of
the eight feet. She stated that was no problem. Mrs. London asked if Mr. Catlin had looked into the
possibility of building the carport to the right of the garage. Mr. Catlin stated that there was not enough
room. Mrs. London told the Board that a carport was more open than a garage and would not block any
view from the street. Mr. Catlin stated that if the carport went to the right of the garage it would block his
view from his home. Paul Lyle made a motion the Board grant the request of Doris Catlin for a variance
of seventeen feet of the thirty feet required front setback for a carport as stated in Section 34.3. Randy
Ballinger Seconded. Motion passed 5 - 0. Side setback was denied.
CASE 1199: Mr. Fred Bechtold was present representing Roy Mordson. Muff London reminded the Board
that Mr. Morrison's first option was to build the carport on the property line, which was the reason the Board
had tabled it before. The house which would join the carport belongs to Mr. Clyde Field. Mr. Bechtold
stated that he had visited with Mr. Fields and that he had no objection to the carport. Mr. Fields told Mr.
Bechtold that he had no objection as long as it did not affect the value of his property. Mrs. London asked
if they had looked into the possibility of starting the carport flush with the West side of the house and joining
it to the porch. Mr. Bechtold said that was possible, but was not the first choice of the Morrisons. He
stated that going the other direction would involve more cost for the Mordson, because of additional
concrete required. Also, Mrs. Morrison was used to backing out of the garage with her husbands vehicle
parked to the left of her. She is afraid the change would cause her to hit the other vehicle. Lynn Davis
stated that the set back rules were designed to protect both property owners. Mr. Davis had also visited
with Mr. Fields. He confirmed what Mr. Bechtold had already told the Board. Mr. Bechtold stated that the
carport would be an all steel construction which would not pose a fire hazard. Mr. Lyle asked if any other
homes in the neighborhood had similar carports. It was pointed out by Mr. Bechtold and Mrs. London that
a house 2 doors to the West has a carport which is flush with the West side of the house and goes to the
porch. The houses in the area were built when the required setback was 5 feet. Randy Ballinger stated
that he agreed with the second option more than the first. Mr. Morrison still needs a variance of two of the
required eight feet of side setback to bdng the carport flush with the West side of the house. Randy
Ballinger made a motion that the Board grant the request of Roy Mordson for twenty-four of the thirty feet
required front setback for a carport as stated in Section 34.3. Motion seconded by Paul Lyle. Motion
passed 5 - 0. Randy Ballinger made a motion that the board grant a vadance of two feet of the eight feet
required side setback as stated in Section 34.3. Paul Lyle seconded. Motion passed 5 - 0.
CASE 1201: Muff London show the Board plans of a home being built at this time by Mr. D'Asis in the
area. Mr. D'Asis was present to answer questions from the Board. Lynn Davis asked who had told Mr.
D'Asis to file for the variance on all the lots at one time. He stated that he had spoken with Wally Hatch,
Plainview City Attorney. Mr. D'Asis told the Board that Mr. Hatch told him to file for variance, one street
at a time. Randy Ballinger asked if Mr. D'Asis had any plans to sell the property. Mr. D'Asis stated that
he did not plan to sell the lots, and was planning to develop them. Mr. Lyle asked if it was not common
practice to sell two lots for home construction. Mr. D'Asis stated that this area was a mid-income bracket
area, and placing the price range of homes being built on two lots would make the price of those homes
too high. Mr. D'Asis stated that the existing homes across the street were built before the Comprehensive
plan place this area in an R-1 Zone. These homes are ten feet apart. The area was platted in 1984 or
85. Mr. D'Asis stated that the lots in question were the same size as the lot across the Street, but those
homes were built with five foot side setbacks, and the size of the lots prohibits that size home being built
on these lots with an eight foot side setback. Lynn Davis asked why they didn't request a zone change
from R-1 to R-2. Mr. D'Asis and Mrs. London stated that the people of the area have always
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misunderstood any zone changes and trying to lower the building standards in the area. Mr. D'Asis pointed
out that the alley between Kermit Dr. and Jefferson Dr. is the dividing line between Town West Addition
and West Gate Addition. The lots in West Gate Addition are somewhat larger than those in Town West.
Randy Ballinger made a motion that the Board grant the request of Jose D'Asis for a vairance of three feet
of the eight feet required side setback as stated in Section 34.4 in a Single Family Residential - 1 Zoning
District; and located on Lots 59-65 and 68-78 of the Town West #2 and Lots 5 & 6 of the Rose Addition
and generally located at 2404 through 2908 Kermit Dr. Betty Gonzalez seconded. Motion passed 5 - 0.
Chairman Lynn Davis adjourned the meeting.
Secretary, Board of Adjustment
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