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* M I N U T E S *
BOARD OF ADJUSTMENT
May 2, 2019
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on May 2, 2019 and called to order at 2:57 p.m. with
the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Alternate Board Member Tom Rowe
Alternate Board Member Lee Smith
Board Members absent: Board Member Joey Hilliard
Alternate Board Member Christy Amuny
Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary,
Thomas Duesler, City Attorney
APPROVAL OF MINUTES
Alternate Board Member Smith made a motion to approve the minutes for April 4, 2019.
Alternate Board Member Rowe seconded the motion. Motion to approve the minutes carried
4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 740-BA: Consider a request for a Variance to the required minimum rear setback in RM-H
(Residential Multiple-Family Dwelling) zoning from 25’ to 16’ 8.5”.
Applicant: Spindletop Builders, Inc.
Location: 9165 Chicory
Mrs. Josey presented the staff report. Discussion followed regarding the address of the subject
property. The correct address is 9145 Chicory Street. Chairman Timaeus gave the applicant Mr.
Wilson, the option to proceed with hearing the case or table it due to improper notice. The
agenda posting and news notice listed the 9165 Chicory Street address. Mr. Wilson chose to
proceed with the meeting. Layne Wilson of Spindletop Builders is requesting a Variance to the
minimum rear yard setback for the property at 9145 Chicory Street. The subject property is on
a cul-de-sac and therefore allows for a 15’ reduced front yard setback. RM-H (Residential
Multiple-Family Dwelling-Highest Density) zoning requires 25’ rear yard setback. This plat
was filed very recently with existing RM-H zoning and is in compliance with platting
requirements. The builder now desires to build according to the setbacks set forth in R-S
(Residential-Single-Family Dwelling) zoning. Given the recent platting, it may be more
BOARD OF ADJUSTMENT
May 2, 2019
appropriate for the developer to rezone all lots in the RM-H area to R-S zoning.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for approval have been met.
Slides of the subject property were shown. Fourteen notices were mailed to property owners
within 200 feet of the subject property. None were received in favor or in opposition.
The applicant was present. Mr. Layne Wilson, 980 Lockwood Drive addressed the Board. More
discussion followed regarding the Variance request. Alternate Board Member Smith made a
motion to approve the request for a Variance to the minimum rear setback in an RM-H
(Residential Multiple-Family Dwelling) zoning from 25’ to 16’8.5”and accepts the property
owner’s agreement that the Variance will expire and be superceded and replaced by rezoning to
Residential Single Family if the property is rezoned as requested for file 740-BA. Alternate
Board Member Rowe seconded the motion. Motion to approve carried 4:0.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:34 p.m.
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