12/13/2002-BOA-Minutes-RegularMINUTES: BOARD OF ADJUSTMENTS
December 13, 2001
PRESENT: Jerry Jenkins, Ginger Burt, Russell Madden, Sherry Lewis, Bobby Frizzell,
Mike James
ABSENT: Nel Armstrong
OTHERS
PRESENT: City Manager Jack Smith, City Secretary/ Assistant City Manager Rose Chavez,
Administrative Assistant/Assistant City Secretary Samantha Renz, Code
Enforcement Officer Ken Wilson, Ed Wright, Gary Drumb
1. Chairman Jerry Jenkins called the meeting to order.
2. Approve Minutes -July 5, 2001.
Mike James moved to approve the minutes as presented. Russell Madden seconded,
Motion carried unanimously.
3. Conduct Public Hearing to Consider a Variance Request Concerning Setbacks on
Property Legally Described as Lot 1, Block B in the Willowood Addition. Property is
Located at 203 Aster Dr.
Public Hearing opened.
Ed Wright, 401 Lion Dr., Gainesville, TX, spoke in favor of the request, He indicated
he had received a copy of the covenants for the subdivision when he purchased the lots
in Willowood Addition. He discussed the process he went through in developing a
previous subdivision. He indicated he had spoken with the City Secretary regarding
the covenants he had received on Willowood addition and she advised him they were
incorrect and that the setback on the side street would be 20' instead of 15 feet. He
indicated he needed the variance to be able to fit the house on the lot.
Gary Drumb, 2204 Knobb Hill Dr., Corinth, TX, also spoke in favor of the request. He
indicated he had purchased 26 lots form Mr. Sable and was given the same covenants
that he had given Mr. Wright. He indicated he had sold Mr. Wright 5 lots, and felt he
would build very nice homes that would be the standard of quality that Sanger wants.
He indicated he and Mr. Wright had purchased lots with a particular set of covenants
and now has found out that they do not apply. He had no idea the setback was 20 feet.
He indicated this is a corner lot and he felt that 5 feet would not hurt anything.
Public Hearing closed.
4. Consider and Possible Action Regarding a Variance Request Concerning Setbacks on
Property Legally Described as Lot 1, Block B in the Willowood Addition. Property is
Located at 203 Aster Dr.
Jerry Jenkins advised Mr. Wright and Mr. Drumb if there was any question
concerning building regulations it would be best to obtain a copy of the City of
Sanger's subdivision regulations and the building code. He indicated that deed
restrictions and covenants are not controlled by the City; however the subdivision
regulations are and the deed restrictions/covenants cannot supercede City ordinances.
City Secretary indicated to the board that when Mr. Sable platted his property he
handed out those covenants. The City Attorney advised her to write a letter to Mr.
Sable that the covenant were not valid and advised to not give them out; however, the
land was still sold and those covenants were still handed out. Mr. Wright had no way
of knowing the covenants were wrong.
Discussion regarding the request and a previous variance in the Willowood Addition.
Code Enforcement Officer, Ken Wilson, advised that there was actually 11 foot of
right-of-way against the 20 feet setback, making it a total of 31 feet from the actual
curb. If the request is granted the house will still be 26 feet from the curb.
Discussion continued regarding the request.
Russell Madden moved to grant the 5 feet variance form 20 feet to 15 feet on the 3 rd
Street side. Bobby Frizzell seconded. Motion carried unanimously.
5. Any Other Such Matters.
None.
6. Meeting Adjourned.
Approved