Zoning Board of Adjustments Minutes - 10/17/1990M I N U T E S
ZONING BOARD OF ADJUSTMENT
October 17, 1990
PRESENT
h Ralph Perkins, Chairman
William Kidd, Vice Chairman
Burrell Lacey
Syd Litteken * Members
Richard Sutherland
Dana Barnett, Alternate #3
Tom Hill, Alternate #4 (in audience)
Roger McKinney, Director of Planning
Subir Mukerjee, Development Coordinator * City Staff
4 Barbara Bridges, Recording Secretary
David Farabee * Councilor
ABSENT
Jane McCown, Alternate #2 * Member
(The Board was composed of only 8 members at the time of this
meeting.)
CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Perkins.
APPROVAL OF MINUTES
It was moved by Dana Barnett, seconded by William Kidd, and carried
unanimously that the August 15, 1990 Minutes be approved.
BUSINESS ITEMS
1. V-90-09. Variance request to reduce the front building setback to
5 feet for Rainberry Park Subdivision
Prior to the meeting members were provided copies of the staff report
which cited the past action of the Board (in 1989) in granting a
reduction of the front setback from 25' to 15' for this zero lot line
development. After constructing one home of this subdivision with
the 15' setback, the developer found that a 5' front setback would be
necessary to continue with the rear access concept.
The Board was addressed by Randy Wachsman, builder. He stated that
an amendment to the ordinance to allow a 5' front setback with rear
access has been considered by the Land Use Subcommittee of the Plan-
ning & Zoning Commission, and certain stipulations were recommended.
Hopefully, the Council will act on this amendment in December.
However, in order to proceed with the development, he requested a
variance now.
Item No. /ni &5
P3oe No. 1_-
Mr. Wachsman stated this is not a new type of development. He
presented photographs showing examples in Arlington and Dallas, and
advised this has also been done in Abilene. This is the building
trend now, as people who are buying new homes do not want a front
yard to maintain. Also, builders cannot make a profit anymore build-
ing small conventionally -designed homes, due to such things as
mortgage rates, high cost of lots, etc.
Chairman Perkins explained that the Zoning Board of Adjustment cannot
change the ordinance, and cannot grant a variance unless the problem
is related to the property, and not something created by the appli-
cant. He asked if the homes could be constructed without a variance.
Mr. Wachsman stated this could be done; however, the homes would
either have to be crackerboxes or two-story homes, and neither type
is selling anymore.
Chairman Perkins again asked Mr. Wachsman how the need for a variance
is based on something he did not cause himself. Mr. Wachsman's point
was that he did not cause purchasers to prefer this type of home.
Bob Mathews, of Biggs & Mathews Consulting Engineers, addressed the
Board on this issue. He stated that if the property had more depth,
there would be no need for a variance, because there would be none of
these problems. Mr. Wachsman tried to purchase additional land for
this project, but the church would not sell. Mr. Mathews advised his
firm had tried a multitude of design solutions, and when the 15'
setback was granted, they believed the geometrics would work.
However, due to the narrow depth of the lots, and the presence of the
easement, a suitable construction cannot be attained with a 15'
setback. Granted, a house could be built, but it would not be a
usable product.
Other participation in the public hearing included:
Viola Miller
I live at Rolling Meadows, and a lot of those cottages have very
small frontage, and this is what appeals to people 50 on up. I
know what Randy is facing.
Stan Tidwell, 2609 Ruskin, prospective buyer
I like what Randy is doing, and I don't like a lot a yard space
that could be used by the family or the house. With rear access,
you don't have cars or boats visible. My wife is physically
impaired, and we cannot use a two-story home. The development
would be an asset to the community, and I want to do anything I
can to make this happen.
Burrell Lacey asked Mr. Wachsman if the problem is the turning radius
with the back entrance. Mr. Wachsman agreed. However, he stated that
his driveways are long enough, but there is not a big street to turn
off of, as there is in other subdivisions.
After further discussion, Syd Litteken stated he does not see that
this is based only on financial hardship. It is a person trying to
make a decent project, with the problem of turning into the drive-
ways, and the house cannot sell if you can't turn in the driveway.
He stated that he would hate to see a project go down
""-
Item No. /n 1'n,5
Page No. a.
E
this is being done in other cities, and would look great. He could
see no problem with granting the variance, because the lots are
narrow.
Chairman Perkins stated that especially with the previous variance
that was granted from 25' to 151, the problem is one created by Mr.
Wachsman, and not one imposed upon him. He did not think the Board
has the authority to act on this, and it would require the ordinance
to be changed.
Richard Sutherland referred to conditions suggested by the Land Use
Subcommittee if the ordinance is changed:
1. Sidewalks be placed adjacent to the curb so that they would
not bisect the front yards. Additionally such sidewalk must be at
least 5 feet wide.
2. In the front setback all utility lines, including those for
street lights, shall be placed underground.
Mr. Wachsman stated his agreement to comply with these stipulations
if the variance is granted. After further discussion it was moved by
Mr. Sutherland that the variance be granted based on three of the
four evaluation criteria:
- It will not be contrary to the public interest,
- It will not permit an activity upon the land which is not
allowed by the terms of the ordinance,
- It is not inconsistent with the intent of the ordinance;
and subject to the conditions suggested by the Land Use Subcommittee.
The motion was seconded by William Kidd, but failed to carry by vote
of 3 in favor by Sutherland, Kidd, and Litteken, and two opposed by
Perkins and Lacey. Chairman Perkins noted that therefore the variance
is denied.
The meeting adjourned at 2:20 p.m.
Ralph Perkins, Chairman Date
F";
E
Item No. ram, n,s j
Faoe `o. _3
0