HomeMy WebLinkAbout06.23.2003 BA MinutesBOARD OF ADJUSTMENTS
MINU .1 LS
6-23-03
BOARD MEMBERS PRESENT: Ray Jameson, Richard Herrera, Kenny Brown, Glenn Bickel, John Bickel
STAFF MEMBERS PRESENT: John Castro - Director of Community Development, Katy Seals - Community
Development Secretary
OTHER GUESTS PRESENT: Oscar Garcia, Paul Garcia, Enriqueta Garcia, Michelle Rosas, Fernando Rosas,
Paul Sanchez, Mario Delgado, Angel Delgado, Elmer Koenning, Gene Whitfill, Francisca Nieto, Jose Nieto, Daniel
Born, Vernon Tindell
First item on the agenda: Approval of May 2003 minutes. Richard Herrera made motion to approve minutes as
read. Glenn Bickel seconded. Motion carried 5-0.
Second item on the agenda: The request of Paul Sanchez for a variance of twenty-five (25) feet of the required
twenty-five (25) foot front setback as stated in Section 34 of the City of Plainview Zoning Ordinance to construct a
20'X20' carport in a Single-family Residential (R-2) Zoning District, and being Lots W/2 7-8, Block 40, Highland
Addition, Plainview, Hale County, Texas the same being 1504 W. 12th Street. Paul Sanchez is present to answer
questions from the Board. John Castro showed the Board pictures of the property and the proposed placement of the
carport as well as a neighborhood map showing other properties in the area. There were four (4) favorable
responses received from the surrounding property owners and none (0) received opposing the request. Richard
Herrera made motion to approve the request for a variance based on this being the only logical place for the carport
and positive responses from the neighborhood. Kenny Brown seconded. Motion carried 5-0.
Third item on the agenda: The request of Fernando F. Rosas Jr. for a variance of fifteen (15) feet of the required
twenty-five (25) foot front setback as stated in Section 34 of the City of Plainview Zoning Ordinance to construct a
20'X20' carport in a Single-family Residential (R-2) Zoning District, and being Lots 1-2, Block 2, Watson Addition,
Plainview, Hale County, Texas the same being 2207 Galveston Street. Fernando F. Rosas, Jr. is present, John
Castro showed the Board pictures of the proposed placement of the carport as well as a map of the neighborhood.
Ray Jameson asked how high the existing poles and Mr. Rosas said they are eight and a half feet high. There were
no responses from the neighborhood. Richard Herrera made motion to approve the variance based on no negative
response from the neighborhood and this being the only logical place for the carport. Kenny Brown seconded.
Motion carried 5-0.
Fourth item on the agenda: The request of AMA TechTel on behalf of Plainview Independent School District for
a variance of eighty-five (85) feet of the required two hundred (200) foot separation between a residential structure
and a cell tower as stated in Section 8 of the City of Plainview Zoning Ordinance to construct a sixty-four (64) foot
cell tower in a Single-family Residential (R-2) Zoning District, and being Lots 9-12, Block 24, College Hill
Addition, Plainview, Hale County, Texas the same being 912 Portland Street. Vernon Tindell from AMA TechTel
was present to answer questions of the Board. John Castro showed the Board pictures of the property where the
requested tower would be located. He also showed a neighborhood map. There was one (1) Pesponse received from
the neighborhood in favor of the request and two (2) neighborhood responses received opposing the request. Those
opposing the requests mentioned "possibility of property tax increase" and "it might cause a problem with T.V. and
radio reception in the neighborhood" as well as "danger if it fell for some reason." Vernon Tindell assured the
Board there would be no problem with television, radio, or phone reception. He said the tower is "over-engineered
and a 100 mile an hour wind wouldn't phase it." He said the tower is self-supporting and would have no guide
wires. He said the school was "leaning against using barbed wire" however the tower would be wrapped with sheet
metal for the first eight feet to deter anyone from attempting to climb it. John Bickel asked why this particular
location was chosen and Vernon Tindell said this was the most logical place due to the "line of sight" needed for the
towers to properly function. He added that they had re-engineered the towers and had reduced the size from sixty-
four (64) feet to fifty-six (56) feet. John Castro told the Board this case would also be heard as a Specific Use
Permit. Glenn Bickel made motion to approve the variance based on the logical placement for the tower in addition
to the responses to the neighborhood concerns on television reception. John Bickel seconded. Motion carried 5-0.
Fifth item on the agenda: The request of AMA TechTel on behalf of Plainview Independent School District for a
variance of forty (40) feet of the required two hundred (200) foot separation between a residential structure and a
cell tower as stated in Section 8 of the City of Plainview Zoning Ordinance to construct a sixty-four (64) foot cell
tower in a Central Business (CBD) Zoning District, and being Lots 5-7 and the unplatted portion of Block 9, Central
Park Addition, Plainview, Hale County, Texas the same being 1103 Baltimore Street. This tower will be the same
as the previous case at 912 Portland Street. Vernon Tindell is available to answer questions from the Board. John
Castro showed the Board pictures of the property where the requested tower would be located. He also showed a
neighborhood map. There were no responses received from the neighborhood. Due to the difference in the zoning,
this rower may be constructed without a Specific Use Permit as in the previous case. Glenn Bickel made motion to
approve the variance based on this being the only logical place for the tower and lack of negative response from the
neighborhood. John Bickel seconded. Motion carried 5-0.
Sixth item on the agenda: The request of Paul Garcia for a variance of twenty-four (24) feet of the required
twenty-five (25) foot front setback and a variance of four (4) feet of the required five (5) foot side setback as stated
in Section 34 of the City of Plainview Zoning Ordinance to construct a 20'X24' carport in a Single-family
Residential (R-2) Zoning District, and being Lots 16 S/2-17, Block 9, Jones Murphy Addition, Plainview, Hale
County, Texas the same being 1600 Galveston Street. Paul Garcia is present to answer questions from the Board.
John Castro showed the Board pictures of the property and the proposed placement of the carport as well as a
neighborhood map showing other properties in the area. There were three (3) responses received in favor of the
variance request and one (1) opposing the request. The opposing request said "lowers property values; unsightly;
too much traffic at that intersection; impairs vision." Using the neighborhood map, John Castro showed the Board
again the placement of the proposed carport and said it would be well off the right-of-way and should pose no vision
impairment. Richard Herrera asked what type building materials would be used. Paul Garcia said he would be
using steel and C-Perlings and the water would drain toward the street. Richard Herrera made motion to approve the
variance based on mostly positive response from the neighborhood and this being the only logical place for a
carport. John Bickel seconded. Motion carried 5-0.
Seventh item on the agenda: The request of Audra Ramos for a variance of two (2) feet of the required five (5)
foot side setback as stated in Section 34 of the City of Plainview Zoning Ordinance to construct an addition to an
existing structure in a Single-family Residential (R-2) Zoning District, and being Lots N47'-9 S3'-10, Block 1,
Gardenville Addition, Plainview, Hale County, Texas the same being 2508 Rochelle Street. Angel Ramos, Audra
Ramos' father, is present to answer questions from the Board. John Castro showed the Board pictures of the
property and the proposed placement of the addition as well as a neighborhood map showing other properties in the
area. John Castro told the Board that this area was annexed into the City and the streets in this neighborhood are
narrower than most other streets in the city. He also said the houses are much closer to each other than are most
houses in the city. John Bickel asked how close is this house to the neighbor and John Castro said approximately
ten (10) feet between the houses and there will be approximately six (6) feet between the houses on the other side if
the variance is approved. Glenn Bickel asked why they aren't building in the back of the house instead of the front.
Angel Ramos said if he built in the back, he would have to re-route water and gas lines. There were five (5)
responses received, all in favor of the variance. Kenny Brown made motion to approve the variance based on
positive response from the neighborhood. Richard Herrera seconded. Motion carried 5-0.
Seventh item on the agenda: The request of Mario Delgado for a variance of twenty-five (25) feet of the required
twenty-five (25) foot front setback and a variance of five (5) feet of the required five (5) foot side setback as stated
in Section 34 of the City of Plainview Zoning Ordinance to construct a 20'X14' carport in a Single-family
Residential (R-2) Zoning District, and being Lots 14, Block 45, Highland Addition, Plainview, Hale County, Texas
the same being 1310 Oakland Street. Mario Delgado is present to answer questions from the Board. John Castro
showed the Board pictures of the property and the proposed placement of the carport as well as a neighborhood map
showing other properties in the area. He said this carport is unique because the width of the carport is twenty (20)
feet. The house sits thirty-six (36) feet four (4) inches from the curb with the first twenty-two (22) feet being city
right-of-way leaving fourteen (14) feet six (6) inches from the front of their property to their house. Glenn Bickel
asked about the distance between the proposed carport and the house to the left and John Castro said there would be
about five (5) feet between the garage on the left and the proposed carport and about seventeen - twenty (17) - (20)
feet between the proposed carport and the house on the left There were six neighborhood (6) responses received, all
in favor of the variance. John B ickel made motion to approve the variance based on the positive responses from the
neighborhood and this being the only logical place for the carport. Kenny Brown seconded. Motion carried 5-0.
Eighth item on the agenda: The request of Jose Nieto for a variance of twenty-four (24) feet of the required
twenty-five (25) foot front setback and a variance of one (1) feet six (6) inches of the required five (5) foot side
setback as stated in Section 34 of the City of Plainview Zoning Ordinance to construct an addition to an existing
structure within the side and front setback and to construct a 20'X20' carport in a Single-family Residential (R-2)
Zoning District, and being Lots 8, Block 2, Northside Addition, Plainview, Hale County, Texas the same being 2205
Independence Street. Jose Nieto is present to answer questions from the Board. John Castro showed the Board
pictures of the property and the proposed placement of the carport as well as a neighborhood map showing other
properties in the area. He said Mr. Nieto would be centering the house on the property with this addition with four
foot extensions to both sides of the front of the house. There were four (4) responses received from the
neighborhood, all in favor of the request. Richard Herrera made motion to approve the variance based on this being
the only logical place for the addition and positive response from the neighborhood. Glenn Bickel seconded.
Motion carried 5-0.
MEETIN~/~~D
SECRETARY