11/30/2000-BOA-Minutes-RegularI
MINUTES: BOARD OF ADJUSTMENT
THURSDAY, NOVEMBER 30, 2000
PRESENT: Chairperson Jerry Jenkins, Bobby Frizzell, Nel Armstrong, Sherry Lewis,
Russell Madden, Jim Mann, Ken Perry
OTHERS
PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Code Enforcement
Officer Bob Hagemann, Larry Harbin, Jerri Harbin, Dickie Amyx, Matt
Lambert
1. Chairperson Jerry Jenkins Called Meeting to Order.
2. Approve Minutes -November 2, 2000
Bobby Frizzell moved to approve the minutes as presented. Russell Madden seconded.
Motion carried unanimously.
Chairperson Jenkins welcomed the two new members to the board, Nel Armstrong and
Jim Mann.
3. Conduct Public Hearing to Consider a Variance Request concerning the placement of
a Mobile Home as a fixed dwelling in 1-1 (Industrial -1) zoning on property legally
described as Abstract 29, Rueben Bebee Survey, Tract 117, being a total of 3.00 acres.
Property is located at 11566 IH-35. (XIT Mobile Home Transport)
Public Hearing open.
Larry Harbin, 11566 IH-35, addressed the Board regarding the request, indicated he
was in the Mobile Home Transport business, he indicated when he found the property
it was adjoining an R. V. park, and his real estate agent assured him he could have
mobile homes on this property. He indicated he moved his mobile home onto the
property and tapped on to the existing utilities, and then later moved another mobile
home there for his mother in law. He indicated he eventually moved two more mobile
homes onto the property. He received a letter indicating he was in violation of the
zoning ordinance, then visited with the City Manager several times to find out what to
do. He indicated he was hoping he could stay on the property.
Jerry Harbin, 11566 IH-35, indicated they have been in Sanger for the last 9 or 10
years. She indicated they want to stay in the community, and do not want to have to
move. They are established in the community and would appreciate consideration for
allowing them to stay.
Dickie Amyx, 1804 Duck Creek Rd., spoke in favor of the request He indicated he has
known them for many years, and in order to do their business they need to live there.
He asked the board to be merciful and allow them to stay there.
Public Hearing closed.
5. Consider and Possible Action Regarding a Variance Request concerning the placement
of a Mobile Home as a fixed dwelling in 1-1 (Industrial-I) zoning on property legally
described as Abstract 29, Rueben Bebee Survey, Tract 117, being a total of 3.00 acres.
Property is located at 11566 IH-35. (XIT Mobile Home Transport)
Chairperson Jenkins indicated during the public hearing Mr. Harbin had indicated he
would like a zoning change, but that can not be done in front of this board, they are
here for a variance.
Discussion regarding the variance request and what that means.
Bob Hagemann, Code Enforcement Officer, indicated he received a complaint on this
property and then referenced the zoning regulations and found they could not live in
a mobile home on this property. He spoke with Mr. Harbin advised him he was in
violation, then sent him the letters indicating same.
Chairperson Jenkins indicated in the letter there are two mobile homes being used for
housing pigeons and other birds, is that part of the complaint.
Mr. Hagemann indicated he had not addressed that issue, if this had become a nuisance
and he had received complaints then it would become an issue.
Discussion regarding the pigeons.
Discussion regarding the mobile homes on the property.
Nel Armstrong asked how the utilities were billed.
Ms. Harbin indicated the water, sewer and garbage was all billed on one bill, and the
electric was on a separate bill.
Discussed how residents should be billed on separate bills.
Mr. Hagemann indicated he had spoken with the Harbins regarding the property and
they have cleaned up the property.
Chairperson Jenkins referenced the Subdivision Ordinance and indicated it stated
Mobile Homes could only be placed in a zoned Mobile Home Park for the purpose of
Residential dwelling.
Net Armstrong indicated she understood the situation, but was concerned with setting I
I
a precedence regarding allowing mobile homes in other zoning than is allowed in the
subdivision ordinance.
Discussion regarding the request.
Chairperson Jenkins indicated this same request came before the board two weeks
prior regarding the property South of this, and could not approve it due to the zoning.
Discussion.
Bobby Frizzell moved to deny the request. Nel Armstrong seconded. Motion carried
unanimously.
6. Any Other Such Matters.
A) Sherry Lewis indicated she had a complaint regarding the two story house on 10th
Street The house is vacant, there is a junk vehicle and other junk around thf ... ,.use.
Bob Hageman indicated he would look into it
B) Sherry Lewis asked about a grandfather clause and if the land sold woutu h
I oe
grandfathered.
Staff indicated it would not.
C) Chairperson Jenkins indicated when there are vacancies on this board, they would
like to make recommendations to the Council for appointment.
D) Put on next agenda to appoint a Co-Chairperson.
7. Meeting Adjourned.
Approved