Zoning Board of Adjustments Minutes - 01/17/1996MINUTES
BOARD OF ADJUSTMENT
January 17, 1996
PRESENT:
Tom Hill, Chairman
Roger Murphy Members
Charles A. Peters, III
David Seaton
Ray Hanold * Alternate #2
Bill Daniel * Council Liaison
David A. Clark, Director of Community Development
Steve Seese, City Planning Administrator * City Staff
Paul Stillson, Planner II
ABSENT:
Donald McKinney * Alternate #1
I. CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Hill.
II. APPROVAL OF MINUTES
A motion was made and seconded to approve the July 19, 1995, minutes. The motion was
passed.
III. VARIANCE
A. V 96-01
Variance to Reduce Side Setback to 10.5 Feet
1301 Polk Street
Applicant......................................Clarence A. Holder
Property Owner ...........................Same
Requested Action ........................ Variance
Purpose.......................................To reduce the exterior side setback from 15 feet to 10.5 feet to
allow placement of a house.
Property.......................................1301 Polk Street
Existing Land Use .......................Vacant lot
Zoning .........................................Single-Family-2
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January 17, IM
Im
Surrounding Land Use
& Zoning .................................... North:
South:
East:
West:
COMMENTARY:
Ave. C, Residence, SF-2
Residence, SF-2
Alley, Residence, SF-2
Polk Street, SF-2
The applicant requests a variance to reduce the exterior side setback from 15 feet to 10.5 feet at
1301 Polk Street. This vacant lot is zoned Single-Family-2 residential (standard lot) and requires
a minimum of 15 foot setback from an exterior side lot line. The applicant has purchased a house
at another location and wishes to move it to this site. Because of the size of the purchased
house, a reduction of setback is needed in order for the structure to fit on this particular lot.
Previously, this lot had two structures; however, one was destroyed by fire in 1993 and the other
was destroyed by fire in 1995. The original structure was set back 15 feet.
SPECIAL CONDITIONS/HARDSHIPS:
The applicant has cited the following special conditions/hardships:
1. 'The original house burned down. I purchased a house from the Wichita Falls Independent
School District to be moved on the lot at 1301 Polk."
2. 'The 15 foot setback does not allow enough room to put the house there. The other homes in
the area do not meet the 15 foot setback requirement."
3. Granting the variance would "put the house more in line with the existing houses in the area."
STAFF ANALYSIS:
Since this particular subdivision was platted prior to the adoption of zoning, it was not subject to
the developmental requirements of the Zoning Ordinance. Existing structures along Avenue C
are nonconforming and encroach into the 15 foot setback area. Measurements of existing
building setbacks were taken along Avenue C between Kemp Blvd. and Bell St. On an average,
these buildings are 67' from the exterior side property line.
The applicant is seeking a variance based on 1) special conditions, a majority of structures along
Avenue C, between Kemp Blvd. and Bell St. do not meet the required 15 foot exterior side
setback and were constructed prior to zoning, and 2) hardship, the house purchased from the
school district does not fit the lot owned by the applicant.
RECOMMENDATION:
Staff finds that award of a variance based on hardship is not appropriate due to the applicant
creating his own hardship; however, staff finds that special conditions do exist and recommends
approval of this variance.
CONDITIONS OF BUILDING PERMIT APPROVAL:
This lot still contains substantial debris and must be cleared prior to the issuance of any
developmental permits.
The applicant was not present at this meeting.
BOARD OF ADJUSTMENT January 17, 19%
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Mr. Seese stated that staff recommends approval of this request because of the special conditions
that exist - other houses in the neighborhood are built in the 15 foot setback area. Mr. Seese
stated that in the future the applicant should measure houses prior to purchasing to ensure the lot
will accommodate them.
Mr. Murphy asked if there would be other structures on the lot. Mr. Seese stated there were no
intentions; however, if the applicant chose to construct other structures, the plans would require
review by the staff.
A motion was made and seconded to approve this request. The motion passed with a unanimous
vote.
Mr. Clark spoke briefly to acknowledge the newer members of the Board and to provide
information about the responsibilities and scope of the Board of Adjustment.
IV. ADJOURN
The meeting was adjourned at 1:55 p.m.
om Hill, Chairman
Date
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January 17, 1999