07/08/1999-BOA-Minutes-RegularI
MINUTES: BOARD OF ADJUSTMENT
THURSDAY, JULY 8, 1999
PRESENT:
ABSENT:.
OTHERS
PRESENT:
Russell Madden, Jimmy Evans, Rodney Dillon, Sherrie Lewis
Ken Perry, Mike James, Bobby Frizzell
City Administrator Jack Smith, City Secretary Rose Chavez, Administrative
Assistant Samantha Renz, Duane Brown
1. Russell Madden Called Meeting to Order.
2. Approve Minutes: February 11, 1999
Jimmy Evans moved to accept minutes as written.
Rodney Dillon seconded.
Motion Carried unanimously.
3. Conduct Public Hearing to Consider a Variance Request concerning setbacks on
property located at 205 11 th St. This property is legally described as Abstract 1241,
Tierwester Survey, Tract 153. Purpose for request is to add on to existing
storage building.
Russell declared Public Hearing open.
Duane Brown indicated the board had all the information regarding his request.
Russell declared Public Hearing closed.
4. Consider and Possible Action Regarding a a Variance Request concerning setbacks on
property located at 205 11 th St. This property is legally described as Abstract 1241,
Tierwester Survey, Tract 153. Purpose for request is to add on to existing storage
building.
Jimmy Evans asked Mr. Brown if this would be for personal use.
Mr. Brown indicated it would.
Sherry Lewis asked about the residents behind this property, and if Mr. Brown knew
how they felt.
Mr. Brown asked if they returned the property owner letter.
Staff indicated they did not.
Discussion regarding the percentage of the lot this building would take up.
Jimmy Evans indeicated he felt the building would enhance the property value.
Discussion regarding notification to public.
Jimmy Evans asked Mr. Brown if this was going to be a steel building.
Mr. Brown indicated it was.
Discussed elevation of building.
Jimmy Evans moved to allow the variance.
Sherry Lewis seconded.
Rodney Dillon abstained from voting due to only receiving the information the day
before the meeting, Russell Madden voted no, Jimmy Evans and Sherry Lewis voted
for the proposal.
City Secretary bad questions regarding the vote, and indicated she would have to get
back to them on whether or not the motion carried, and if Mr. Dillon could abstain.
*Staff was referred by Ron Neiman, City Attorney, to the Local Government Code,
Article 211.00S(d),and Local Government Code, Article 211.009, (c) which state that
all cases heard by the Board shall be heard by at least 75% of the board. The
concurring vote of 75% of the Board shall be necessary to reverse any order,
requirement, decisions or determination of any applicant on any matter; or to
authorize a variance from the terms of the zoning ordinance. This means that the
number of votes must equal at least 75% of the total number of regular Board
members appointed.
Staff later informed the board of the City Attorney's opinion, and that Mr. Dillon could
not abstain for the reason given, meeting was rescheduled for July 15, 1999.
5. Any Other Such Matters.
None.
6. Meeting Adjourned.
Approved I