HomeMy WebLinkAbout10.09.2017 ZBA MINUTES BOARD OF ADJUSTMENT
MINUTES
10/09/2017
The Zoning Board of Adjustment held a special public hearing on Monday, October 09, 2017 at
6:00 p.m. The meeting took place in the Council Chambers of City Hall, 901 Broadway,
Plainview, Texas, with the following members present:
VOTING PRESENT NO. MEETINGS NO. MEETINGS
MEMBERS HELD ATTENDED
Mark Hardin Y 15 15
Kevin Carter Y 15 9
Joe Frank Rodriguez Y 15 11
Danny Murphree N 6 5
Nicole Ramirez Y 15 11
Albert Torres - Alt N 15 7
STAFF MEMBERS PRESENT: Nick Mogg, Code Enforcement, Mary Ann Dominguez,
Community Service Secretary.
Mark Hardin opened the meeting at 6:10 pm, established a quorum and conducted the
consideration of the following items in the order presented. Nick Mogg read the staff reports,
and gave the recommendations for each item.
FIRST ITEM ON THE AGENDA: Approval of September 11, 2017 minutes.
Joe Frank Rodriguez made a motion to approve minutes of September 11, 2017 as presented.
Nicole Ramirez seconded the motion. Motion carried unanimously.
SECOND ITEM ON THE AGENDA:
ZBA -17 -25 Consider the request of a special exception of the minimum front set back
authorizing the construction of a Carport under the City of Plainview Zoning Ordinance Section
37.2.2(H) Special Exceptions. The location described as Simmons Plv Blk 1 Lot 6, Plainview,
Texas, Hale County, also known as 1309 Dallas St.
The applicant is requesting a variance or special exception in order to construct a metal flat roof
12ft. by 20ft. carport (non - prefabricated) in the front -yard setback. The proposed carport would
encroach approximately 20ft. into the required minimum front -yard setback of 25ft. If approved,
the front edge of the carport will be 27ft. from the back of curb.
Staff observed six similarly located and constructed carports within the front -yard of homes
within a two block radius. Four of the six carports are located within the same block of the
applicant's home. Staff also noticed that this particular neighborhood is one where the homes
were built with garages, the applicants being one. When staff inquired about using the current
garage for protection, the applicant stated that the single car garage is currently being used for
protection of one vehicle, but the applicant has two vehicles.
Board of Adjustment
October 9, 2017 Minutes
Notices have been sent to property owners within 200 feet regarding this request. At the time of
this writing, staff has received six letters in favor of the carport, and one letter in opposition.
Kevin Carter made a motion to approve the variance based on the request. Joe Frank
Rodriguez seconded and the motion was carried unanimously.
THIRD ITEM ON THE AGENDA:
ZBA -17 -26 Consider the request of a special exception of the minimum front set back
authorizing the construction of a Carport under the City of Plainview Zoning Ordinance Section
37.2.2(H) Special Exceptions. The location described as MCCLELLAND PLV BLK 21 LOT 10,
Plainview, Texas, Hale County, also known as 300 Juniper St.
The applicant is requesting a variance or special exception in order to construct a flat roofed
24ft. by 24ft. metal frame carport (non - prefabricated) in the front yard setback of 25ft. Because
the house is built 5ft. behind the required setback line, the carport as proposed would encroach
approximately 19ft. into the setback. This would result in the front edge of the carport being 19ft.
from the back of curb.
Staff observed three similar constructed and located carports within the front -yard of homes
within a three -block radius. Staff also noticed that this particular neighborhood is one where a
majority of the homes in the area were not constructed with garages, the applicant's home being
one.
Staff noticed the home is built without a garage as well as sufficient area east of the home for
placement of a carport. Staff inquired as to whether or not the applicant could place the carport
to the rear of the home. The applicant stated that although there is space available to the rear,
access would be from an unimproved street and would require crossing a culvert. With this
being the case, the applicant stated that locating the carport in the front would be more practical
Notices have been sent to property owners within 200 feet regarding this request. Staff has not
received any comments. Nicole Ramirez made a motion to approve the variance based on the
request. Mark Hardin seconded and the motion was carried unanimously.
FOURTH ITEM ON THE AGENDA:
Case File No. ZBA -17 -27 Consider the request of a special exception of the minimum front set
back authorizing the construction of a Carport under the City of Plainview Zoning Ordinance
Section 37.2.2(H) Special Exceptions. The location described as HILLCREST PLV BLK 2 LOTS
5 -6, Plainview, Texas, Hale County, also known as 203 NE Alpine
The applicant is requesting a variance or special exception in order to construct a flat roofed
22ft. by 24ft. metal frame carport (non - prefabricated) in the front -yard setback. The proposed
location of the carport is in an area offset 9ft. from the front of the house. As such, the
proposed carport would encroach approximately 15ft. into the required minimum front -yard
setback. If approved, this would result in the front edge of the carport being 24ft. from the back
of curb.
Staff observed at least six similarly constructed and located carports within the front -yard of
homes within a two -block radius. One similarly constructed carport is located directly to the east
of the applicant's home. Staff also noticed that this particular neighborhood is one where many
of the homes were not built with garages, the applicant's home being one.
Board of Adjustment
October 9, 2017 Minutes
Notices have been sent to property owners within 200 feet regarding this request. Staff has not
received any comments. Kevin Carter made a motion to approve the variance based on the
request. Nicole Ramirez seconded and the motion was carried unanimously.
FIFTH ITEM ON THE AGENDA:
Case File No. ZBA -17 -28 Consider the request of a special exception of the minimum front set
back authorizing the construction of a Carport under the City of Plainview Zoning Ordinance
Section 37.2.2(H) Special Exceptions. The location described as COLLEGE HILL PLV BLK 87
W 8' LOT 14 & LOT 15, 16, Plainview, Texas, Hale County, also known as 3106 w 4
The applicant is requesting a variance or special exception in order to construct a flat roofed
24ft. by 24ft. metal frame carport (non - prefabricated) in the front -yard setback. Because the
house is built behind the required set back line, the proposed carport would encroach
approximately 6.5ft. into the required minimum front -yard setback of 30ft. If approved, this would
result in the front edge of the carport being 39ft. from the back of curb.
Staff observed that there is available room elsewhere on the lot (east, west, and north) for
placement of the proposed carport. When staff inquired as to whether the either side yard could
be utilized, the applicant stated that the side yard where the concrete drive is located (east side)
has windows and the applicant does not want gas fumes from the vehicles entering the home.
Additionally, the front of the home versus the side (east) was chosen so that the applicant can
park his two vehicles side by side. The applicant also stated that the proposed carport would
protect his vehicle from the occasional stray golf ball.
Notices have been sent to property owners within 200 feet regarding this request. At the time of
this writing, no comments have been received. Nicole Ramirez made a motion to approve the
variance based on the request. Mark Hardin seconded and the motion was carried
unanimously.
SIXTH ITEM ON THE AGENDA:
Case File No. ZBA -17 -29 Consider the request of a special exception of the minimum front set
back authorizing the construction of a Carport under the City of Plainview Zoning Ordinance
Section 37.2.2(H) Special Exceptions. The location described as BABITZKE PLV BLK 2 LOT 6
Plainview, Texas, Hale County, also known as 1400 Travis.
The applicant is requesting a variance or special exception in order to construct a flat roofed
22ft. by 20ft. metal frame carport (non - prefabricated) in the front -yard setback. Because the
house is built approximately 4ft into the required set back, the proposed carport would encroach
approximately 24ft. into the required minimum front -yard setback of 30ft. If approved, this would
result in the front edge of the carport being 28ft. from the back of curb.
Staff observed at least five similarly constructed and located carports within the front -yards of
homes within a two -block radius. Staff observed that this particular neighborhood is one where
many of the homes were built with garages, the applicant's home being one. Staff inquired to
see if the garage could be utilized, the applicant stated that the garage was used but they had
four vehicles in total. There are s everal mature trees directly to the north and south of the
proposed carports location that would help mitigate any negative visual impact of the carport
should it be approved.
Board of Adjustment
October 9, 2017 Minutes
Staff also observed that there does not appear to be room in the rear or side yard of the home
for placement of the proposed carport.
Notices have been sent to property owners within 200 feet regarding this request. No
comments have been received. Kevin Carter made a motion to approve the variance based on
the request. Nicole Ramirez seconded and the motion was carried unanimously.
SEVENTH ITEM ON THE AGENDA:
Case File No. ZBA -17 -31 Consider the request of a special exception of the minimum front set
back authorizing the construction of a Carport under the City of Plainview Zoning Ordinance
Section 37.2.2(H) Special Exceptions. The location described as NORTHSIDE PLV BLK 2 LOT
8 Plainview, Texas, Hale County, also known as 2205 Independence.
The applicant is requesting a variance or special exception in order to construct a flat roofed
20ft. by 18ft. metal frame carport (non - prefabricated) in the front -yard setback. The proposed
carport would encroach approximately 18ft. into the required minimum front -yard setback of
25ft. If approved, this would result in the front edge of the carport being 29ft. from the back of
curb.
When analyzing the area, staff observed at least six similarly constructed and located carports
within the front -yards of homes within a two -block radius with one of the carports located directly
to the north of the applicant's home. Staff observed that this particular neighborhood is one
where many of the homes were not built with garages, the applicant's home being one.
Notices have been sent to property owners within 200 feet regarding this request. Staff has not
received any comments. Nicole Ramirez made a motion to approve the variance based on the
request. Joe Frank Rodriguez seconded and the motion was carried unanimously.
EIGHTH ITEM ON THE AGENDA:
Case File No. ZBA -17 -32 Consider the request of a special exception of the minimum front set
back authorizing the construction of a Carport under the City of Plainview Zoning Ordinance
Section 37.2.2(H) Special Exceptions. The location described as WEST LYNN PLV BLK 2
LOT13 Plainview, Texas, Hale County, also known as 1402 W 23` St.
The applicant is requesting a variance or special exception in order to construct a flat roofed
20ft. by 22ft. metal frame carport (non - prefabricated) in the front -yard setback. The proposed
carport would encroach approximately 22ft. into the required minimum front -yard setback of
25ft. If approved, this would result in the front edge of the carport being 25ft. from the back of
curb.
Staff observed five similarly constructed and located carports within the front -yards of homes
within a two -block radius. Staff observed that this particular neighborhood is one where many of
the homes were not built with garages, the applicant's home being one. Staff also observed that
there does not appear to be room in the side yard for placement of the proposed carport.
Notices have been sent to property owners within 200 feet regarding this request. No
comments have been received. Mark Hardin made a motion to approve the variance based on
the request. Kevin Carter seconded and the motion was carried unanimously.
Board of Adjustment
October 9, 2017 Minutes
NINTH ITEM ON THE AGENDA:
Case File No. ZBA -17 -33 Consider the request of a special exception of the minimum front set
back authorizing the construction of a Carport under the City of Plainview Zoning Ordinance
Section 37.2.2(H) Special Exceptions. The location described as THUNDERBIRD PLV UNIT 7
BLK 15 LOTS 21 -22 Plainview, Texas, Hale County, also known as 1211 W 32 St.
The applicant is requesting a variance or special exception in order to construct a 24ft. by 20ft.
metal frame and roof carport in the front -yard setback. The proposed carport would encroach
approximately 20ft. into the required minimum front -yard setback of 25ft. If approved, this would
result in the front edge of the carport being 18ft. from the back of curb.
Staff observed six similarly constructed and located carports within the front -yards of homes
within a two -block radius. Staff observed that this particular neighborhood is one where many of
the homes were built with garages, the applicant's home being one. Staff inquired to see if the
single car garage could be utilized for protection of the applicant's vehicle. The applicant stated
that the garage is too small to fit their truck and SUV.
Notices have been sent to property owners within 200 feet regarding this request. No
comments were received. Kevin Carter made a motion to approve the variance based on the
request. Joe Frank Rodriguez seconded and the motion was carried unanimously.
Adjournment — Meeting adjourned at 6:45 P.M. CHAIRMAN
SECRETARY
Board of Adjustment
October 9, 2017 Minutes