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03/26/1998-BOA-Minutes-RegularMINUTES: Board of Adjustment March 26, 1998 PRESENT: Fred Yeatts, Francile Sullivan, Ben Weatherall, Andy Garza, Allen Sweeney . ABSENT: Russell Madden OTHERS PRESENT: City Secretary Rosalie Chavez, Mary Belle Sims, Steve Hollingsworth 1. Chairperson Yeatts Called the Meeting to Order. 2. Approve Minutes. Motion was made by Francile Sullivan to Approve Minutes. Seconded by Ben Weatherall. Motion Carried unanimously. 3. Conduct Public Hearing to Consider a Variance Request on property legally described as Lot 7R, Block 3A, Sims Addition, also known as 108 Colonial Heights. Chairperson Yeatts Declared Public Hearing Opened. Steve Hollingsworth addressed the board on his request. Mr. Hollingsworth was wanting a variance in the back from 25 feet to 15 feet. Discussed was the 15 foot utility easement in the back of his property. Mrs. Mary Belle Sims had also addressed this issue to Steve and was concerned that he did not build over the easement. City Secretary did advise that a property owner can not build over a utility easement. Discussion continued and there was concern over granting the variance up to the easement. City Secretary did ask Steve Hollingsworth if he was going up to the property line. Steve Hollingsworth indicated that he was not; however, his plans did not indicate it exactly. However, on his other plans he was not over the easement. City Secretary indicated that the Board can grant the request as long as he does not go over the easement. Steve Hollingsworth discussed that he has a detached storage building with a concrete foundation in the back of his house. He asked how many feet from the property line can a storage BOA MINUTES 03/26/98 building be placed. Chairperson Yeatts indicated 8 feet from the property line. PAGE2 Steve Hollingsworth indicated he is on the easement with his storage building. City Secretary advised that the electrical lines are in the back and the concern is that access must be available to the City in the easement. Mrs. Sims indicated that presently the City uses her property to access the easements to this property; however, the time will come when her two lots will be sold and access will not be available. Mrs. Sims indicated she had no objection to Steve building on to his property; however, her concern is access to the easement. Steve Hollingsworth indicated that all those properties have fences enclosing their easements. City Secretary advised that if anytime there should be a problem in that easement and the City has to have access those fences can and will come down for access to the electrical lines. City Secretary indicated that presently the City uses Mrs. Sims property for access, however, if she sells her lots and access is needed the fences can come down. City Secretary indicated that even in the worse case scenario the City will not just go and tear down fences without proper notification unless it is an emergency situation, and the problem must be addressed immediately. (NOTE TO MINUTES: In visiting with Jeff Morris, Electric Superintendent, there is underground electrical service in the easement with overhead.) City Secretary indicated none of the surrounding property owners had any objection to Steve Hollingsworth building on to his property. Chairperson Yeatts Declared Public Hearing Closed. 4. Consider and Possible Action to Approve a Variance Request on property legally described as Lot 7R, Block 3A, Sims Addition, also known as 108 Colonial Heights. I Motion was made by Allen Sweeney to Grant Variance up to the easement which is what legally the Board can do and ask that BOA MINUTES 03/26/98 PAGE3 if he bas to "shrink" his plans to do so, to allow not building over the easement. Seconded by Francile Sullivan. Motion Carried unanimously. 5. Any Other Such Matters. None. 6. Adjourn. Motion was made by Francile Sullivan. Seconded by Ben Weatherall. Motion Carried unanimously. *NOTE: Approved City Secretary gave each member a letter from Neiman and Barnes regarding Recorded Plat Restrictions vs. Deed Restrictions -reference to Art Kramer letter in Willowood me.