1992-08-09
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
EMERGENCY SESSION
'd August 9,1992 3:30 P.M.
MEMBERS PRESENT: Arthur Sorenson, Chairman; Robert Downard,
Karen Reynolds, Alternate # 1; and Sharon Hobbs, Alternate #2.
MEMBERS ABSENT: Dennis Minder, Fred Joyce, Joe Bentley
STAFF PRESENT: Karen Gandy, Zoning Administrator
Agenda Item # 2 Administrative Comments.
Karen Gandy reported that there will be one ZBA Case for review
at the August 27, 1992 regularly scheduled meeting.
Agenda Item # 3 Authorizing Zoning Administrator to Approve
Waivers per Ordinance No. 480, Section 44.11.
Karen Gandy, Zoning Administrator, explained the specific case
confronting the City which precipitated the need for this action.
Mr. Eric Avery purchased the home at 1001 Quail Run Road through
a foreclosure process and closed the transaction in July with
funding to be completed on Monday, August 10, 1992. In the interim,
the final survey of the property indicated an approximate 1-foot
encroachment of the swimming pool steps in the second front yard
(actually his side yard). This was clearly a construction error
and could be handled administratively by waiver with the Board's
authorization. The other option would be for Mr. Avery to apply
for a variance which would delay the matter by a month; therefore
creating a hardship for Mr. Avery and the necessity of starting
the four-month purchase/closure process again.
Chairman Sorenson opened the public hearing, but closed it due to
no one being present who wished to speak on the matter.
During the Board's discussion, Boardmembers Reynolds and Hobbs
indicated no concern authorizing the Zoning Administrator with
waiver approval.
Mr. Downard asked the Zoning Administrator if she had any
concerns regarding this approval process. She responded that she
saw the humanitarian aspect of the waiver process, but she had
concern that it could be abused. (i.e. someone chose to build first
and expect her to grant a waiver to "make it all right" after the
fact. She did mention that most construction today required an
approved forms survey prior to issuance of the building permit and
that this process should catch any encroachments prior to
construction.
Ms. Gandy questioned the Board as to the appropriateness of
bringing a waiver case to the Board as a variance if she felt there
was abuse of the process or if the appeal process would be a more
appropriate course of action.
Board of Adjustment Minutes
Emergency Meeting
August 9, 1992
Page Two
Chairman Sorenson stated that he felt that under the "terms and
conditions" of the waiver authorization, the Board could impart a
cushion to the waiver authorization so that if in the
administrator's opinion she were not equipped with significant
facts or background information or if broader issues were involved
(i.e. the impact the waiver had on the surrounding neighborhood),
she could then decline to exercise this discretionary authority and
recommend to the applicant that they seek a variance from the Board.
Boardmember Downard noted that if the administrator came under
extreme political pressure on some future case then the Board could
rescind its granting of the waiver authority at such time in the
future.
Prior to a motion, Ms. Gandy reiterated the parameters of the
waiver process noting that this authority affected preexistent
structures and conditions and not proposed structures prior to
construction.
Motion to approve the granting of this waiver power to the Zoning
Administrator under the "terms and conditions" discussed by
Chairman Sorenson earlier.
& moo" Motion: Downard
Ayes: Downard, Reynolds, Hobbs, and Sorenson
Nays: None
Vote: 4-0 to grant
Agenda Item # 4 Meeting Adjourned.
With no objections, the chair deemed the meeting adjourned.
Meeting Adjourned 4:00 P.M.
Arthur ~So a on, Chairman
Karen P. Gan y, Zoning Administrator
in Attended the meeting and prepared the minutes
O~ AHgs
ATTEST: 0.~` S y
andra L. LeGrand
City Secretary
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