HomeMy WebLinkAbout08.28.06 BA MinutesBOARD OF ADJUSTMENTS
MINUTES
08/28/06
BOARD MEMBERS PRESENT: Kenny Brown, Fred Willis, James Crossland.
Max Browning, Mark Hardin -
STAFF MEMBERS PRESENT: John Castro, Director. of Community Services,
Katy Seals -Community Services Secretary
OTHER GUESTS PRESENT: Bill Roth, Heriberto Pacheco, Carlos Rivera,
and Victor Sarabia
Kenny Brown called the meeting to order at 7:00
FIRST ITEM ON THE AGENDA: Elect Board Chairman. Fred Willis
nominated Kenny Brown. James Crossland seconded. Mark Hardin made motion
to cease nominations. James Crossland seconded. Motion carried by
acclamation.
SECOND ITEM ON THE AGENDA: Approval of July 2006 minutes. Max
Browning made motion to approve minutes as presented. James Crossland
seconded. Motion carried 5-0.
THIRD ITEM ON THE AGENDA: BA Case # 1522 The request of Bill Roth
for 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'X20'
carport in a Single Family (R-2) Zoning District, and being Block 87, South Half
of Lot 3 and all of Lot 4, Alexander-Westmoreland Addition, Plainview, Hale
County, Texas the same being 809 Galveston Street. Bill Roth is present to
answer questions from the Board. John Castro showed the Board pictures of the
property and a site plan of the proposed carport. There were three (3) responses
from the neighborhood; one (1) in favor and two (2) against the request. One
negative response said the carport would be unsightly and the other negative
response was from the adjacent property owner who is concerned about the
property line between his and Mr. Roth's property; .fearing encroachment onto his
property. A survey of the property has not been done and property stakes have
not been located. Mark Hardin asked when Mr. Roth bought this property and
when the adjacent property owner purchased that property. Mr. Roth said he had
owned this property for over twenty (20) years and the garage was there when he
purchased it. He said the adjacent property owner had purchased the property
approximately three (3) years ago. Mark Hardin said the adjacent property owner
purchased the property without obtaining a survey and wasn't concerned about
encroachment at the time of purchase. Mark Hardin asked where the carport
would be in relation to the existing garage. Mr. Roth said it would be six (6)
Board of Adjustments
August 28, 2006 Minutes
inches inside the outside wall of the garage. Mr.. Roth said this is the only logical
place to put a carport. He said he would have to cut down two trees and move a
water meter to put it elsewhere. John Castro sa~.id staff has no problem with the
carport if the property line is established. James Crossland made a motion to
approve the variance request based on this being the only logical place for a
carport and added that the property line be finely established to ensure the carport
would not be built on the neighbor's property. Fred Willis seconded. Motion
carried 5-0.
FOURTH ITEM ON THE AGENDA: BA Case # 1523 - on hold
FIFTH ITEM ON THE AGENDA: BA Case # 1524 The request of Heribert
Pacheco for a variance of thirteen (13) feet of the required twenty-five (25) foot
front setback and 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 oversized
28'X22' carport in a Single Family (R-2) Zoning District, and being Block 68,
East Half of Lots 15 and 16, Highland Addition, Plainview, Hale County, Texas
the same being 1509 W. 15th Street. Heriberto Pacheco is present to answer
questions from the Board. John Castro showed the Board pictures of the property
and a site plan of the proposed carport. James Crossland asked to which direction
the carport would drain and Heriberto Pacheco said it would drain to the rear of
the carport on his property. Max Browning asked if there was an alley to the side
of the property and John Castro said yes. John Castro said staff has no problem
with the oversized carport and the side and front setback variances requested.
There were three (3) responses received from the neighborhood, all in favor of the
request. Max Browning made a motion to approve the request based on this being
the only logical placement for a carport and thf; positive responses from the
neighborhood. Mark Hardin seconded. Motion carried 5-0.
SIXTH ITEM ON THE AGENDA: BA Case ~` 1525 The request of Carlos
Rivera for a variance of twenty (20) 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 (R-~2) Zoning District, and being
Block 5, Lot 2, Unit 2, Thunderbird Addition, Plainview, Hale County, Texas the
same being 1403 W. 26th Street. Carlos Rivera is present to answer questions
from the Board. John Castro showed the Board a site plan of the proposed carport
and pictures of the property. He told the Board that all the carports in this
neighborhood were to the front of the property and not to the side as Mr. Rivera is
requesting. John Castro said there did not appear to lye enough room to the side of
the property for the carport as requested without a side variance; but it could be
built to the front over the existing driveway by extending the driveway five (5)
feet on each. side without the need for a side variance. Carlos Rivera said he had
located his property stake and there was enough room for the carport. James
Crossland asked Carlos Rivera if he would be willing; to put the carport in front as
Board of Adjustments
August 28, 2006 Minutes
John Castro had suggested if indeed there is not enough room to build on the side.
Carlos Rivera said that would be fine. There were four responses received from
the neighborhood, all in favor of the request. James Crossland made a motion to
approve the variance based on favorable responses from the neighborhood and
added that the carport could only be placed on the side if the property line is
clearly established. Fred Willis seconded. Motion carried 5-0.
SEVENTH ITEM ON THE AGENDA: BA Case # 1526 The request of Victor
Sarabia for a variance of seventeen (17) feet of the required twenty-five (25) foot
front setback as stated in Section 34 of the City oi'Plainvtew Zoning Ordinance to
construct an 18'X20' carport in a Single Family (R-2) Zoning District, and being
Block 3, Lot 20, West Lynn Addition, Plainview, Hale County, Texas the same
being 1320 W. 23ra Street. Victor Sarabia is present to answer questions from the
Board. John Castro showed the Board pictures oil the property and a site 1
the existing carport. He said that if a variance is granted, the permit would be
charged a double fee since no variance or permit was obtained prior to
construction of the carport. Victor Sarabia said she did not realize he needed a
permit for the carport at the time he built it. John Castro said this house had been
on the Minimum Housing list prior to Mr. Sarabia's purchase of the property and
that the property looks considerably better with the renovations Mr. Sarabia has
done. John Castro said this is the only logical place for the carport because if it
were moved beside the house, the window and door on the side of the house
would be blocked. There were four (4) responses received from the
neighborhood, all in favor of the request. Mark Hardin made a motion to approve
the variance based on the favorable responses from the neighborhood and this
being the only logical place for the carport. Max Browning seconded. Motion
carried 5-0.
SEVENTH ITEM ON THE AGENDA: Adjournment. MEETING
ADJOURNED 7:36 P.M.
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SECRETARY
Board of Adjustments
August 28, 2006 Minutes