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05/31/2001-BOA-Minutes-RegularI MINUTES: BOARD OF ADJUSTMENTS MAY 31,2001 PRESENT: Jerry Jenkins, Sherry Lewis, Bobby Frizzell, Nel Armstrong, Russell Madden ABSENT: Ken Perry OTHERS PRESENT: City Manager Jack Smith, City Secretary/ Assistant City Manager Rose Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz, Johnny Looper, Johnny Looper, Pam Looper 1. Jerry Jenkins called meeting to order. 2. Approve Minutes -February 22, 2001 Correction to minutes: Chairperson Jenkins indicated on item number five, he did not say the building would be a boat storage, he indicated the building would be similar to the boat storage that is there, but it will be office buildings. He indicated also that the nomination for Co- chairperson was under the wrong item, it should be moved to item number three. Bobby Frizzell moved to approve the minutes with changes, Ralph Cain seconded. Motion carried unanimously. 3. Conduct Public Hearing to Consider a Variance Request Concerning Setbacks on property legally described as Lot 13, Block 4, Snider Estates. Property is located at 2037 Brooke Dr. Public Hearing opened. No Discussion. Public Hearing closed. 4. Consider and Possible Action Regarding a Variance Request Concerning Setbacks on property legally described as Lot 13, Block 4, Snider Estates. Property is located at 2037 Brooke Dr. Chairperson Jerry Jenkins indicated there was a letter from the City Manager indicating that the City had inspected the site and green tagged it. City Manager indicated he had visited with Bob and it was closer to three feet off instead of five feet. Chairperson Jenkins indicated this house is completed. Johnny Looper indicated it was set back 34 ft. because of the cul-de-sac Discussion regarding the setbacks. Nel Armstrong indicated the problem is that the City made a mistake, she felt it was the City's problem. Nel Armstrong moved to approve the Variance. Bobby Frizzell seconded. Russell Madden indicated it was not necessarily the City's fault, the builder has built other houses, and knows the setbacks. Chairperson Jenkins indicated he wanted to discuss it further under Any Other Such Matters. Nel Armstrong asked if the setbacks were on the plans when they were brought in. Chairperson Jenkins indicated the lines should be there, and the Building Inspector should verify it. Motion carried 5 to 1, Sherry Lewis voted no, Jerry Jenkins abstained. John Springer indicated the building inspector was there for checks and balances, and that everybody makes mistakes. Discussion. John Springer indicated when the subdivision was first started, there were a few houses built over the setbacks, but it is not noticeable, and doesn't cause anyone any harm. Discussion regarding variances and setbacks. 5. Conduct Public Hearing to Consider a Variance Request Concerning on property legally described as Lot 15, Block 4, Snider Estates. Property is located at 2033 Brooke Dr. Public Hearing opened. Johnny Looper, 7792 Country View Lane, indicated if they were to put this house on the lot to make it fit, the light pole and water meter would be in the way. It is only five foot off from the twenty-five foot setback. Johnny Looper, 663 Rising Star Lane, indicated the house backs up to his property and I I he does not have any complaints. Public Hearing closed. 6. Consider and Possible Action, Regarding a Variance Request Concerning on property legally described as Lot 15, Block 4, Snider Estates. Property is located at 2033 Brooke Dr. Bobby Frizzell indicated that a comment was made that this house could be made to fit, what would need to be done. Johny Looper indicated the light pole and water meter would have to be moved. Mr. Frizzell asked if it would be an expense to the builder to have these items moved. City Manager indicated it would not be an expense to him. Nel Armstrong indicated she looked at the property, and there is a wood fence across the back of the lot. Chairperson Jenkins indicated he measured the property and the drawing is a little off. John Springer asked how big the house was. Johnny Looper indicated it was 1489 square foot. John Springer indicated this was zoned SF4, when he took over the subdivision be had a hard time getting it off the ground. There was a variance request concerning setbacks on a house that was proposed to be built that would have been over 1600 square foot. There was some opposition by a gentleman that didn't want anything to mess up the subdivision. He (Mr. Springer) decided not to sell any lot to anyone that would not build at least 1200 square feet. He did not usually like to bend the rules, but felt like the gentleman could build a 1000 square foot house, but instead is building a house over 1400 sq. ft., he felt that we shouldn't haggle over five feet. He hoped they would keep it in mind when working with the builders on these situations. It is also very difficult to get a house on a cul-de-sac. Nel Armstrong indicated she also did not like to bend the rules, but also wanted to do what was best for the City. There is already a privacy fence, and she felt this should not make a difference. It is not a regular size lot, and the builder is not trying to get away with something, she felt it should be granted. Jerry Jenkins indicated the City currently has few lots to be built on, this will pretty well clean up the remaining lots to build on under the current zoning. He felt in the future the City needs to get serious about the enforcement of the rules. There is no excuse to have these meetings if the building inspector was doing the proper job. The variance request should come prior to the issuance of a building permit. John Springer moved to approve the request, Nel Armstrong seconded. Motion carried 4 to 2, Bobby Frizzell and Sherry Lewis voted no, Jerry Jenkins abstained. 7. Any Other Such Matters. Jerry Jenkins indicated in the future there were a couple of things that needed to be done. When the builder brings his application to the City of Sanger, get the variance at that time. He indicated he owned the lot two houses down from the one that the variance was just granted on, be looked around to find the house that would fit on that lot. He would like the builder to tell the City if it would not fit, and get a variance. The building inspectors job is to make sure these buildings meet the setbacks. If be fails to do this, he is not doing bis job. He indicated he brought this to the attention of the building inspector and be failed to go out. He called a second time and the building inspector indicated he thought it was off, but didn't measure it. The property boundaries need to be strung off, and it needs to be measured. These type of issues create problems not only for the City, but everyone involved. Russell Madden indicated he agreed with Jerry, and asked if a set of plans were submitted when a permit is requested. Is it a requirement that the plat plan of the lot with the house sitting on it be submitted with the permit application. City Manager indicated it was not. Lengthy Discussion regarding the drawings. City Manager indicated this would add an additional cost because they will have to have it engineered. Jerry felt more information should be requested on the permit application regarding the lot and if the building will fit. Discussion regarding a string-line around the lots Chairperson Jenkins indicated if they uncover the pins, they wouldn't have this problem. Russell Madden indicated that he had asked for a possibility of written instructions, or I a meeting with the Council, to get better guidance as to what this board is to do. I City Manager indicated the council supports the ordinances and the Board is set up to deal with variances from the ordinance. John Springer indicated they were here to apply common sense to the best set of rules they can fmd. If they were going to just stick to the rules, they wouldn't be needed. Jerry Jenkins indicated he would like the rules cleaned up. City Secretary indicated the Board of Adjustments was the most powerful board the City had. The Council cannot delegate to this board, they can't tell the board what to do. They cannot grant variances to the ordinances, they can't break the ordinance, that's what this board is for. Bobby Frizzell indicated the Board was out to take some heat, as for as the ordinances go, they are not here to set the ordinances but to use good judgement There are some occasions that may occur that the rules may need to be bent. Just because they bend the rules occasionally does not mean they will always bend the rules. Jerry Jenkins indicated he was going to draft a letter to the Council and present it to them with some suggestions to try to correct some of the problems. 8. Meeting adjourned. Approved