HomeMy WebLinkAbout07.25.2005 BA MinutesBOARD OF ADJIJSTMENTS
MI TES
7/25/@5
BOARD MEMBERS PRESENT: Fred Willis, Kenny Brown, John Bickel,
James Crossland
STAFF MEMBERS PRESENT: John Castro, Director of Community Services,
Katy Seals - Community Services SecreOxy
OTHER GLrESTS PRESEI~f: Macar~o Najera, Ramon tternandez, Rosa Solis,
Lupe Sotis, KC. Hyde, Fred Herring
Kenny Brown called the toeing to order at 7:00.
First item on the agenda: Approval of May 2005 minutes. (No June meeting due
to no quorum). Fred Willis made motion to approve minutes as presented. John
BiCkel seconded. Motion carried 4-0.
SeCond item o~n the agenda: BA Case # 1498 The request of Fred Herring for a
variance of twenty-one (21) feet of the required twenty-five (25) foot front
setback as stated in Section 34 of the Cky of Ptainview Zoning Ordinance to
construct a 12~X21' Carport in a Single Family (R-2) Zoning District, and being
Block 67, Lot 11, Highland Addition, Plainview, Hale County, Texas the same
being 1404 Nassau Sheet. There is no one present to represent this case. John
Castro showed the Board pictures of the property and a site plan of the proposed
carport along with a map showing property owners within two hundred (200) feet
of this property. There were four (4) responses received from the neighborhood,
allin favor of the request. John Castro said the carport wood be a pre-fabricated
one. Kenny Brown asked if there were any other prefabricated carports in this
neighborhood and John Castro said he wasn't sure. Fred Willis made a motion to
approve the request based on the positive responses from the neighborhood and
this being the only logical place for a carport. John Bickel seconded. Motion
carried 4-0.
Third item on the agenda: BA Case # 1499 Case pulled by Applicant. No
action taken.
Fourth item on the agenda: BA Case # 1500 The request ofRudy Arrizola Sr.
fo~ a variance of twenty-four (24) feet of the required twenty-five (25) foot front
s~back as stated in Section 34 of the City of Ptainview Zoning Ordinance to
construct a 24'X21' Carport in a Single Family (R-2) Zoning Districts and being
B19ck 44, Lot W/2 7&g, Highland Addition, Plainview, Hale County, Texas the
s~ane being 1704 W. 12th Street. There is no one present t° represent this case.
Board of Adjustment
IOy 25, 2005 I~lmutes
John Castro showed the Board pictures of the property and a site plan of the
proposed carport along with a map showing propealy owners x~thin two hundred
(200) feet of this property. There were four (4) responses received from the
ne~ghborhooch all in favor of the request. John Castro said a neighbor came into
his office with his concerns about the placement of the carport in the front of the
house and not on the side as are the other carports in the area. He did not leave
his signed statement but requested his concern be put on record. John Castro said
there is no other place to put the carport since this prope~ owner has no room on
the side of the house. This carport would be constructed of metal. John Bickel
made motion to approve the variance based on this being the only logical place
for a carport and the mostly positive responses from the neighborhood. James
Crossland seconded. Motion carried 4-0~
Fifth item on the agenda: BA Case # 1501 The request of Macario and Maria
Najera for a variance oftwenB~-one (21) feet of the required twen~r-five (25) foot
front setback as stated in Section 34 ofthn City of Plainview Zoning Ordinance to
construct a 20'X20' Carport in a Single Family (R-2) Zoning District, and being
Block 4, Lot 13, Northside Addition. Plainview, Hale County, Texas the same
being 2010 Kokomo Street. Macario Najera is present to answer questions from
the Board. John Castro showed the Board pictures of the propenty and a site plan
of the proposed carport along with a map sbowing property owners within two
hnndred (200) feet of this property. There were four (4) responses received from
the neighborhood, all in favor of the request. Kenny Brown asked if there is
concrete where the carport would be and Macario Najeria said it currently- is not
but he will be concreting the entire driveway. James Crosstand made motion to
approve the request based on positive response from the neighborhood and this
being the only logical placement for the carl)OR. Fred Willis seconded. Motion
carded 4-0.
Sixth item on the agenda: BA Case # 1502 The request of Guadalupe and Rosa
So[is for a variance to construct a fence ~o a height of (62) inches which is beyond
the maximum height of (36) inches or (40) inches combination berms and fences
in height allowed in section 34:7. 2.b. of the zoning ordinance in a Single-Family
Residential (R-l) Zoning District, and being Block 6, Lot 1 W20'-2, lunior High
Addition Plainview, Hale Cotmty, Texas the same being 2219 W. 20t~ Street.
Lupe and Rosa So[is are present to answer questions from the Board. John Castro
showed the Board pictures of the property and a site plan of the proposed carport
along with a map sho~4ng property owners within two hundred (200) feet of this
property. John Castro read the ordinance pertaining to fences in front yards and
provided the Board with two definitions of a fence- one from Webster 1913 and
the other from Definition_corn_ When asked what type of hardship they had, Rosa
SO[is said they really didn't have a hardship. Lupe So[is said they always had
school children in their yard and once there was a fight broke out among the
children that required the police being called, fl'Ns house sits on a corner lot
across the street from Estacado 8~ Grade.) Lupe So[is said he wants to build the
fence to allow his small children to safely play in the front yard. John Bickel
Board of Adjustment
July 25, 2005 Minutes
asked why couldn't the chitdten play in the back yard and Lupe Solis said it was
too small. John Castro said staff is not arguing the aesthetics of the fence. Staff
is arguing the ordinance does not allow fences of this height in the firont yard.
John Bickel said he is worried that if the Board approves this request, then it
could be setting a precedent for others in the future. John Castro said to his
knowledge, there are no other fences in the City of Plainview in the front yard of
this height. John Bickel asked if any other requests similar to this have been
passed by other Boards and John Castro said no. lohn Castro said staff's opinion
is there is no hardship and stm0f recommends disapproval. He said there were no
responses received from the neighborhood. Rosa Solis said there had been three
or four inspections of the bottom part of the fence for which they obtained a
permit mad she added that she had told the chief building inspector that they
ptamaed to put rebar at the top. John Castro stated this may have been where the
m~scommunication occurred. When Ms. Solis referred to rebar, the building
official may have thought she was referring to the rebar required to be placed at
the top for stabilization of the cinder block fence. It was never explained to staff
that the top would extend an additioml three 0) feet high with decorative
wrought iron. James Crossland made motion to deny the request based on the
ordinance and staff recommendation, as well as not wanting to set a precedent for
future requests. Fred Willis seconded. Motion carded 4-0.
Seventh item on the agenda: Adjournment. MF, F, TING ADJOURNED 7:41
P.M.
Board of Adjustment
July 25, 2005 Minutes