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HomeMy WebLinkAbout04/27/1994 BOABOARD OF ADJUSTMENTS & APPEALS OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS HELD ON APRIL 27, 1994 CASE NO. 94-03 A REGULAR SESSION OF THE BOARD OF Adjustments & Appeals of the City of The Colony, Texas was called to order at 7:35 p.m. with the following members present: Rob Bauman Robert Poynter Mike Catt Tim O'Neill John Mitchell Gary McClure Chairman Member Member Vice Chairman Member Alternate With all Board Members present there was a quorum established. Also in attendance were: Tom Cravens, Director of Public Works, Designated Officer of the City Inspections Department; Sherry Hutchison, Recording Secretary. Chairman Bauman read an overview of Variance Procedures and Requirements; at which time the following items were discussed: ITEM #1: NOMINATION OF CHAIRMAN & VICE CHAIRMAN: (CHAIRMAN) Member Poynter nominated Mike Catt. Vote not seconded. Chairman Bauman nominated Tim O'Neill, Member Poynter seconded, carried by all ayes. (VICE CHAIRMAN) Member O'Neill nominated Mike Catt, Chairman Bauman seconded, carried by all ayes. FOR RECORD THE ELECTED CHAIRMAN AND VICE CHAIRMAN WILL BEGIN ON JUNE 23, 1994. ITEM #2: As requested by Jeff Deserrano a variance that would allow a 1200 square foot home instead of 1500 square feet as mandated by ordinance. Chairman Bauman asked Staff Member, Tom Cravens to make his presentation for the City. Mr. Cravens began by saying a variance request had been submitted by Jeff Deserrano for Blk 7, Lot 50 Eastvale area in The Colony. Mr. Cravens presented slides showing Lot 50 in question. Mr. Cravens said Mr. Deserrano was wanting to build a house of 1200 square feet but ordinance requires it to be 1500 square feet. He said they meet all the other requirements such as the setbacks, brick, maximum lot coverage, minimum two car garage, that Mr. Deserrano was only requesting minimum square footage. Mr. Cravens said the average size of the homes around this lot were 1,000 square feet. Chairman Bauman stopped Mr. Cravens and said he wanted for record to say thank you for the excellent package put together for the Board Members for this variance. Member Poynter asked Mr. Cravens the square footage of some of the houses around the area, one being the new two story built. Bob Hutchison, Building Inspector for The Colony replied that one is at least 1500 square feet. Mr. Poynter asked about the one next to the Lot 50. Irvin Martin owner of 4510 Lake Highlands replied it was about 1800 square feet. Member Mitchell asked Mr. Cravens who owned the lots. Diane Rike, Fiance of Mr. Deserrano answered for Mr. Cravens that Remax Realtors owned Lot 50. Member Mitchell asked Diane how they could ask for a variance if they didn't own the lots. Mr. Deserrano said he was representing it for the owners. Member Mitchell asked Chairman Bauman how could the Board render a ruling on the variance on this property when the owner or represent- ative is not here representing the property, that Mr. Deserrano was not a representative, he was a buyer. Chairman Bauman told Member Mitchell that Mr. Deserrano was acting on behalf of the owners so he can buy the property and he could request a variance unless the owner was here to protest it. Mr. Cravens said that Mr. Deserrano was acting in behalf of the owner we assumed when he came in for the variance as buyer of the property. Mr. Deserrano then said the owner was aware of what he was doing and that they know he is interested in buying their property, but he had to come before the Board of Adjustments with what he was wanting to do. Mr. Cravens finished with his presentation, Chairman Bauman then asked Mr. Deserrano to make his presentation. Mr. Deserrano said the reason he was applying for the variance was due to the lot sizes in the Old Eastvale area it appeared to be zoned for 1500 square feet and to build to accomodate the 1500 square feet he would have to build a long skinny home or a two story home. Pg 2 1 He said he was not trying to get out of the 1500 square footage he just wants a three car garage and he's taking 300 feet of living space and putting that into a garage so he can put his boat in it. He went on to explain that a 1500 square foot house with a three car garage was around $75,000 and that was a large investment for him. He said if he sold the house at that price he wouldn't get any money out of it. He feels it would be a poor business investment for himself. He said cosmically on the outside the house would look like a 1500 square foot home. Member Mitchell asked Mr. Deserrano if the variance was not approved would he still buy the property and build on it. Mr. Deserrano said he could not tell at this time. Member Mitchell asked him would he buy both lots. Mr. Deserrano said yes he planned on buying both lots, one open for a garden and future pool and his driveway to go across. Chairman Bauman asked Mr. Deserrano if the variance was granted would he build what they were looking at in the pictures. Mr. Deserrano replied yes and he would comply with the brick and the two car garage. Chairman Bauman then asked for those in the audience that wished to speak in support of the request. Kurt Muchlester of 4538 West Lake Highlands, Lots 34 & 35, BLK 7 said he felt the new house would meet the requirements and feels that it would be good upgrading to the neighborhood. He said he also feels that Mr. Deserrano's request is not that big of a change to what is there now and hopes the variance is approved. Irvin Martin of 4510 West Lake Highlands also spoke in favor of the request. Mr. Martin said he owns Lots 46, 47, 48, Blk 7. He feels if the request was approved, cycles would not be able to make this area a race track. He said he also likes having neighbors. Chairman Bauman then asked for those in the audience that wished to speak against the request. There were none. Chairman Bauman entertained a motion to close the Public Hearing for discussion. Member Poynter made a motion. Member Mitchell seconded. Carried by all ayes. Discussion being brief, Chairman Bauman said he felt the house wouldn't look like a cracker box. Member Mitchell felt if approved it would be setting up a precedent and he said what would be next. Em 1 E,, Member Poynter said regardless of what the Board does with this case that this means nothing on the next case that comes in. Member Mitchell said with the four areas set for this variance he thinks they don't have any precedent on this. Member O'Neill made a motion to close the discussion. Member Catt seconded. Carried by all ayes. Chairman Bauman reopened the meeting to vote on the request. Member Catt made a motion to approve the request. Member O'Neill seconded. Members Catt, O'Neill and Chairman Bauman voted ayes. Members Poynter and Member Mitchell voted Nayes. Variance request denied. Member Catt made a motion to adjourn the meeting. Member Poynter seconded. Carried by all ayes. The meeting adjourned at 8:40 p.m. Sherry Hutc CITY OF THE COLONY BOARD OF ADJUSTMENT AND APPEALS SIGN -IN SHEET FOR MEETING HELD ON APRIL 27, 1994 (date) By signature on this sheet, I swear to tell the truth, the whole truth, and nothing but the truth. .� W" - .G.AWs 6/14/85 Mr. Cravens presented slides showing Lot 50 in question. Mr. Cravens said Mr. Deserrano was wanting to build a house of 1200 square feet but ordinance requires it to be 1500 square feet. He said they meet all the other requirements such as the setbacks, brick, maximum lot coverage, minimum two car garage, that Mr. Deserrano was only requesting minimum square footage. Mr. Cravens said the average size of the homes around this lot were 1,000 square feet. Chairman Bauman stopped Mr. Cravens and said he wanted for record to say thank you for the excellent package put together for the Board Members for this variance. Member Poynter asked Mr. Cravens the square footage of some of the houses around the area, one being the new two story built. Bob Hutchison, Building Inspector for The Colony replied that one is at least 1500 square feet. Mr. Poynter asked about the one next to the Lot 50. Irvin Martin owner of 4510 Lake Highlands replied it was about 1800 square feet. Member Mitchell asked Mr. Cravens who owned the lots. Diane Rike, Fiance of Mr. Deserrano answered for Mr. Cravens that Remax Realtors owned Lot 50. Member Mitchell asked Diane how they could ask for a variance if they didn't own the lots. Mr. Deserrano said he was representing it for the owners. Member Mitchell asked Chairman Bauman how could the Board render a ruling on the variance on this property when the owner or represent- ative is not here representing the property, that Mr. Deserrano as not a representative, he was a buyer. Chairman Bauman told Member Mitchell that Mr. Deserrano was acting on behalf of the owners so he can buy the property and he could request a variance unless the owner was here to protest it. Mr. Cravens said that Mr. Deserrano was acting in behalf of the owner we assumed when he came in for the variance as buyer of the property. Mr. Deserrano then said the owner was aware of what he was doing and that they know he is interested in buying their property, but he had to come before the Board of Adjustments with what he was wanting to do. Mr. Cravens finished with his presentation, Chairman Bauman then asked Mr. Deserrano to make his presentation. Mr. Deserrano said the reason he was applying for the variance was due to the lot sizes in the Old Eastvale area it appeared to be zoned for 1500 square feet and to build to accomodate the 1500 square feet he would have to build a long skinny home or a two story home. Pg 2 e t The Minutes of Variance - Case No. 94-03 of April 27, 1994 were approved on November 2, 1994 with the following corrections requested by Member Mitchell: (Page 2) 1. Chairman Bauman stopped the meeting to confer with Tom Cravens, Sherry Hutchison, Bob Hutchison, and Councilman Toby Pollard per Chairman Bauman's request to discuss the legality of the Variance Request. 2. After Chairman Bauman said that he assumed the applicant could in fact make the request for variance, Member Mitchell stated that he would continue based on Chairman Bauman's assumption. 1