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HomeMy WebLinkAbout04211977 ZBA Minutes3 REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT APRIL 21, 1977 The Zoning Board of Adjustment convened in regular session at the City Hall on Thursday, April 21, 1977, 7:30 p.m., with the following members present: Vice- Chairman Wilkins, presiding; members Billings and Johnson. Alternate member Dan Doughty was also present and had been designated to sit as a member in the absence of Mr. Ayres, Alternate member Burge was absent. Notice of meeting was posted on the bulletin board. at the City Hall on April 18, 1977 in accordance with the provisions of Article 6252-17 V.A.T.C.S. ,..~ Mr. Wilkins introduced himself and identified his residence in the city followed ~ by each member of the Board. Motion by Mr. Billings, seconded by M ohnson, that Public Hearing was now open to consider application docketed 77-2, filed by Mrs. W. P. Jeffrey to place posts 00 for a carport on the property line at 5812 Community Drive.,,// Voting Aye: Billings Voting No: None Doughty Johnson Wilkins The Chairman ascertained from the secretary that Notice of Public Hearing had been published in The Southwestern Argus on Wednesday, April 6, 1977 and that notice was mailed to all property owners within a 200 ft. radius of -the property in question on April 7, 1977. Mr. Billings administered the Oath to Building Inspector Allstott and all those present who desired to speak concerning the above application. Mr. Casey came to the meeting at this time. Mrs. W. P. Jeffrey, owner of the property at 5812 Community advised that a new house is being constructed and because of the fact that Exxon has at least two pipe lines running through the rear yard and a 40 ft. easement along the lines, she was request- ing permission to build a carport on the north side of the house placing the post on the property line, otherwise a carport would have to be built in. the :Exxon easement and possibly over the pipe lines. She stated Exxon would allow her to build a car- port with an asphalt floor in this area by signing an agreement that in the event any repairs, removal or other work needed to be done to the lines, she would be respon- sible for any cost to replace said construction. She presented copies of instru- ments containing the above requirements. Mrs. Martis, realtor who handled the sale of the. property, stated that the informa- tion concerning the easement and lines was not on the listing, the title company gave clear title, and that this matter was not brought to the attention of any of the interested parties by Mr. Wylie or the title company until the closing of the sale. It was ascertained through discussion and questioning that the lines have been in this location since 1919, that all other property along Community Drive north have these same pipe lines through than and have garages and other accessory buildings z~~ in the easement, that the easement begins approximately 10 to 12 ft. from the rear of the house, that the area wherein the requested carport would be con- structed is 9 ft. 3 in. wide, and that the house adjacent is approximately 5 ft. from the property line. Mrs. Jeffrey left copies of the proposed agreement with Exxon. Building Inspector Allstott stated the .request for a permit for a carport to be constructed on the north of the house was denied,. because it would ex- tend into the entire 3 ft. side setback. Motion by Mr. Billings, seconded by Mr. Johnson, that .the Public Hearing be closed..: Voting Aye: Casey Voting No: None Billings Doughty Johnson Wilkins Chairman Casey opened the meeting. Motion by Mr. Wilkins, seconded by Mrhnson, that Public Hearing pened to consider application docketed 77-3, filed by Mr. W. Lee Frieberg, 3765 Nottingham, to leave an air conditioning condenser located on the side of his house which extends. approximately 18" into the side setback. Voting Aye: Casey Voting No: None Billings. Doughty Johnson Wilkins Mr. Casey requested that the Board secretary read the Notice of Public Hearing and ascertained that same was published in The Southwestern Argus on April 6, 1977 and that notice to all. property owners within a 200 ft. radius were noti- fied by letter dated April 7, 1977. Mr. Casey introduced himself and identified his residence followed by each mem- ber of the. Board. The Oath was administered to all those desiring to speak concerning the request. Mr. Frieberg stated that the unit had been installed and almost ready for use when the Building Inspector came to the site and adv sed that it was in viola- tion of the side setback requirements. He stated that the alternative of moving the unit to the rear of the property would provide for a less efficient opera- tion of the unit due to the increased length of the copper tubing, that aesthe- tically the unit was in the best location because it was hidden from view from the street and side by a 5 ft. stone fence, that the neighboring house was across a driveway and adjacent to a kitchen and breakfast area and would create no noise distrubance in a bedroom area and all the bedrooms were located on the other side. of the house. Mr. R. Walter Johnson, 3761 Nottingham, stated he lived in and owned the house adjacent on the side the unit is located and that he had no objection to the unit being placed there. He substantiated Mr. Frieberg's statements. Upon questioning, Mr. Frieberg stated that placing the unit in an alternate location in an ell on the opposite side of the house would greatly interfere with a proposed deck from the kitchen and family room and that a large pecan tree was located in the approximate location suggested and although there might be room within setbacks the leaves from the pecan tree would be injurious to the unit. ~J d~ C4 1 Motion by Mr. Johnson, seconded by Mr. Doughty, that Public Hearing be closed. Voting Aye: Casey Voting No: None Billings Doughty Johnson Wilkins The Board reviewed application, presentation and agreement document on applica- tion docketed 77-2 to allow carport posts to be located on-the property line, and explored alternatives open to the property owner. Motion by Mr. Billings, seconded by Mr. Wilkins, that application docketed 77-2 requesting permission to allow carport posts to be located on the property line, be denied by reason of failure to show undue hardship. Voting Aye: Casey Voting No: None Billings Doughty Johnson Wilkins The Board reviewed the application and presentation of application docketed 77-3 to allow air conditioning unit already installed to remain located 18" in the side setback line. Motion by Mr. Johnson, seconded by Mr. Wilkins, that application docketed 77-3 to allow air conditioning unit already installed to remain located 18" in the side setback line, be approved. Voting Aye: Casey Billings Johnson Wilkins ,~ Voting No: Doughty A letter from City Manager Whitt Johnson to Mike Casey, Chairman, Zoning Board of Adjustment, concerning recommendation for 1978 budget was presented for con- sideration. Motion by Mr. Johnson, seconded by Mr. Wilkins, that the Zoning Board of Adjust- ment recommend that the 1978 budget for this body be approved with the .same figures as 1977. Voting Aye: Casey Voting No: None Billings Johnson Wilkins ~~ Minutes of the regular meeting of the Zoning Board of Adjustment on March 22, 1977 were approved as submitted. With no further business to come before the Board at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:45 p.m. Chairman ATTEST: Secretary 1