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HomeMy WebLinkAbout4-7-08 BA Minutes*MINUTES* BOARD OF ADJUSTMENT SPECIAL MEETING April 7, 2008 City Council Chambers A Special Meeting of the Board of Adjustment was held on April 7, 2008 and called to order at 3:00 p.m. with the following members present: Chairperson Pat Avery Vice Chairman Dana Timaeus Board Member Bob Harris Board Member Mary Jowers Board Members absent: Board Member Joey Hilliard Alternate Member Kelli Maness Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Kyle Hayes, City Manager; Chris Boone, Community Development Director APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the March 6, 2008 Meeting, subject to correcting that Board Member Hilliard made the motion to approve the February 7, 2008 minutes instead of Board Member Jowers. Vice -Chairman Timaeus seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING Mr. Richardson addressed the Board and stated that the items on the agenda include 565-566-BA and 568- 573-BA and he would present them all together. 1} File 565-BA: Request for a variance to the minimum rear yard building setback from 25' to 10' . Location: 6461 Bell Pointe Applicant: Redding Development, Ltd. BOARD OF ADJUSTMENT ( Special Meeting April 7, 2008 2) File 566-BA: Request for a variance to the minimum rear yard building setback from 25' to 10'. Location: 6467 Bell Pointe Applicant: Redding Development, Ltd. 3) File 568-BA: Request for a variance to the minimum rear yard building setback from 25' to 10'. Location: 6463 Bell Pointe Applicant: Redding Development, Ltd. 4) File 569-BA: Request for a variance to the minimum rear yard building setback from 25' to 10'. Location: 6465 Bell Pointe Applicant: Redding Development, Ltd. 5) File 570-BA: Request for a variance to the minimum rear yard building setback from 25' to 10'. Location: 6475 Bell Pointe Applicant: Redding Development, Ltd. 6) File 571-BA: Request for a variance to the minimum rear yard building setback from 25' to 10'. Location: 6477 Bell Pointe Applicant: Redding Development, Ltd. r 7) File 572-BA: Request for a variance to the minimum rear yard building setback from 25' to 10'. ` Location: 6481 Bell Pointe Applicant: Redding Development, Ltd. 8) File 573-BA: Request for a variance to the minimum rear yard building setback from 25' to 10'. Location: 6483 Bell Pointe Applicant: Redding Development, Ltd. All items are requests for variances to the minimum rear yard building setback requirement for Lots 1-4, 8-9 and 11-12. The requested setback is from 25' to 10'. On February 7, Sada Jacob came before the Board of Adjustment to request variances to the rear yard setbacks for Lots 1 and 4. At that time, the Board tabled action so that the Planning Commission could vote on an amended plat showing 10' rear building setbacks for all the lots in the subdivision. The Planning Commission denied the amended plat on February 17. Mr. Jacob has now made application for variances for the lots that were permitted by the City. In addition, Mr. Jacob will be taking back to the Planning Commission an amended plat showing 15' rear yard building setbacks for all those lots other than the ones now being considered by the Board. A 15' setback is permitted by the Zoning Ordinance when there are no accessory structures permitted in the required rear yard. Slides of the properties were shown. 2 BOARD OF ADJUSTMENT Special Meeting April 7, 2008 The aforementioned lots are under various stages of development. Lots 1-4, 8-9 and 11-12 all have building permits that were issued by the City. Lot 1 has the foundation framed with utilities in place. Lots 2 and 3 have houses built. Lot 4 has the foundation partially framed. Lot 8 has the foundation poured. Lots 9, 11 and 12 have houses built. Lots 2, 3, 9, 11 and 12 received building permits on 9/18/07. Lots 1, 4 and 8 received building permits on 12/3/07. A handout given to the Board showed the various inspections that have been done on each of the properties. The only property that has no inspections, thus far, is Lot 4. On March 21, Don Burrell, Building Official, issued a stop work order on all construction. No further construction on any of the houses has occurred since that time. Twenty notices were mailed to property owners within 200 feet. Two notices in favor and four in opposition were returned. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Chairman Avery opened the public hearing and asked for the applicant's comments. Charles Leyendecker with the Leyendecker Building Group, Inc., addressed the Board and distributed renderings of two story houses that they could construct with a 15' setback. He stated that he had spoken with the Neches Credit Union and they did not object to the 10' rear building setback. The entire subdivision is surrounded by a masonry wall that would provide privacy. There is a minimum 2,100 sq. ft. building requirement in the deed restrictions and the 10' rear building setback was used to allow one-story construction. A 15' rear yard building setback will require two-story construction. Mr. Leyendecker handed out drawings of two-story houses that would be built with a 15' rear yard building setback. Vice -Chairman Timaeus asked Mr. Jacob who the original developer was on the project and got the plat approved as a zero lot line development apparently with attached garages instead of detached garages. Chairman Avery asked for comments in favor or in opposition. Tim Gaddis, 6490 Wellington, spoke in opposition to the request. Mr. Gaddis objected to the close proximity to his property as well as drainage problems that have been created by the construction. Mr. Cooper addressed the Board regarding the drainage issue. He stated that City regulations require of new construction that the grade be such that it drains from the rear to the front. As time goes by and property owners install landscaping, swimming pools, etc., the topography changes, so if the drainage starts to drain from front to rear it is because of what has happened since the 3 BOARD OF ADJUSTMENT Special Meeting April 7, 2008 time of the construction of the house, so it is possible that some rear ponding or puddling may occur. Ralph Babineaux, 6480 Wellington Place, spoke in opposition to the request. Colleen Clark, 6450 Wellington Place, spoke in opposition to the request. Ms. Clark stated that the drainage problems she has are from the new construction. Rebuttal by Mr. Leyendecker. Vice -Chairman Timaeus asked Mr. Jacob asked who the developer is on the project and got the zoning situation to have the plat approved as a zero lot line development apparently with attached garages instead of detached garages. Mr. Jacob stated that Fittz & Shipman, Inc. are the engineers on the project. They designed the plat and site plan and submitted it to the City and it was approved and recorded. Vice -Chairman Timaeus verified with Mr. Jacob that the lines on the final plat are Fittz & Shipman's drawn lines. (( Mr. Jacob stated yes and that the plat was approved and recorded and they took it to their architect L. and he designed the houses based on what they had as far as setbacks, easements, utility easements, whatever the plat shows or reflected and they submitted 5 sets of drawings for permits. They were permitted. Each set had a drawing, site plan showing where the house sits on the lot and that page also identified the setbacks, the City permitted it, and they started construction. Vice -Chairman Timaeus asked Mr. Jacob if the plat showed building setbacks. Mr. Jacob said that the plat only showed the front and side building setbacks. Vice -Chairman Timaeus asked if the house plans showed the setbacks. Mr. Jacob stated yes they did. Vice -Chairman Timaeus also asked if the Planning Commission gave a reason for denying the amended plat with 10' rear building setbacks or any alternatives. Mr. Jacob stated that the Planning Commission did not. Chairperson Avery closed the public hearing. Vice -Chairman Timaeus asked Mr. Cooper to confer with the Board Discussion between the Board members and Mr. Cooper followed. Board Member Harris made a motion to approve variances to the minimum rear yard building setbacks from 25' to 10' for 6461, 6467, 6463 and 6465 Bell Pointe as requested in Files 565-BA, 566-BA, 568-BA and 569-BA, respectively. Vice -Chairman Timaeus seconded the motion. The motion to approve carried 4:0. II S I BOARD Or ADJUSTMENT Special Meeting April 7, 2008 Board Member Harris made a motion to deny variances to the minimum rear yard building setbacks from 25' to 10' for 6475, 6477, 6481 and 6483 Bell Pointe as requested in Files 570-BA, 571-BA, 572-BA and 573-BA, respectively. Board Member Jowers seconded the motion. Motion to deny carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:20 P. M. k