MINUTES OF THE BOARD OF ADJUSTMENT

CITY OF HUNTERS CREEK VILLAGE, TEXAS

October 17, 2005 

The Board of Adjustment of the City of Hunters Creek Village, Texas convened in regular session on Monday, October 17, 2005 at 7:30 p.m. in City Hall, #1 Hunters Creek Place. 

Chairman Russ Schulze announced that a quorum of the members were present and called the meeting to order at 7:35 p.m.  In attendance were Board Members Russ Schulze, Ken Spalding, Mike Schoenberger, David Wegner, and Kathleen Slaydon.  Also in attendance were Deborah Loesch, City Secretary; Cheryl Wilson, City Attorney; and Ed Mergele, Building Official. 

Discussion and consider action to approve the minutes of the September 19, 2005 meeting. 

A motion was made by Kathleen Slaydon with a second by David Wegner to approve the minutes as presented.  The motion carried unanimously. 

Discussion and consider action regarding an application by Jim McVaugh, McVaugh Custom Homes, 705 W. Creekside, for a variance to Chapter 14, Sub-section 9-2a(1) of the Code of Ordinances for non-conforming lots, front building setback lines (front yard) to have a depth of not less than the average yard depth of all yard depths for completed residences within the same subdivision or 50 feet whichever is lesser.

Chairman Schulze opened the floor for public comments following a presentation by Mr. Jim McVaugh with McVaugh Custom Homes request for a variance to allow the 25’ building line as recorded in the Creekside Manor subdivision deed restrictions, which was platted in 1952.  Several property owners commented on the reasons for wanting the 25’ set back.  The Board asked Ed Mergele, Building Official, to explain the stipulations in the zoning ordinance regarding non-conforming lots, Sub-section 9-2a(1) regarding the average yard depth of the front yard for all yard depths for completed residences.  An average yard depth for this subdivision has not been established so the set back would be 50’.  Once the average has been established, the Building Official could approve the permit to the average depth without coming back before the Board.  There was discussion on what would be considered acceptable data to determine the average yard depth and that there was insufficient proof provided that an unnecessary hardship exists.

A motion was made by Mike Schoenberger to grant the variance at 25’, but died for a lack of a second.

Finding there was insufficient evidence to support the granting of a variance, a motion was made by Ken Spalding with a second by Kathleen Slaydon to deny the variance.  The motion carried with four (4) voting for:  Slaydon, Schoenberger, Spalding, and Schulze, none (0) opposed, and one (1) abstaining: Wegner.

A motion was made by Mike Schoenberger with a second by Kathleen Slaydon to accept the written decision as read.  The  motion carried unanimously.  A copy of the written decision is attached hereto as a part of these minutes. 

Discussion and consider action regarding an application by Jim McVaugh, McVaugh Custom Homes, 750 W. Creekside, for a variance to Chapter 14, Sub-section 9-2a(1) of the Code of Ordinances for non-conforming lots, front building setback lines (front yard) to have a depth of not less than the average yard depth of all yard depths for completed residences within the same subdivision or 50 feet whichever is lesser.

Finding there was insufficient evidence to support the granting of a variance, a motion was made by Ken Spalding with a second by Mike Schoenberger to deny the variance.  The motion carried with four (4) voting for:  Slaydon, Schoenberger, Spalding, and Schulze, none (0) opposed, and one (1) abstaining: Wegner.

A motion was made by Mike Schoenberger with a second by Kathleen Slaydon to accept the written decision as read.  The motion carried unanimously.  A copy of the written decision is attached hereto as a part of these minutes. 

Discussion and consider action regarding an application by Charles M. Haden and Shelley W. Haden, 764 Kuhlman, for a variance to Chapter 14, Sub-Section 6-7 of the Code of Ordinances for fences and walls to allow for a fence and electric gate to be placed in front of the residence, but behind the front building setback line.

Chairman Schulze opened the floor for public comments following a presentation by the applicant requesting to install a wrought iron fence 6’ in front of the residence because of the driveway turn.

A motion was made by Kathleen Slaydon with a second by Mike Schoenberger to grant the variance to allow a wrought iron and stone fence and electric gate to be placed in front of the residence subject to the following:  (a) that the fence will be in compliance with Sub-section 6-5 a(3)(iv)and (v) of the Zoning Ordinance and (b) providing the Building Official engineering studies sufficient to determine that the two existing stone columns are in compliance with the Code.  The motion carried unanimously.

A motion was made by Kathleen Slaydon with a second by Ken Spalding to accept the written decision as read.  The motion carried unanimously.  A copy of the written decision was provided to the applicant at the meeting and is attached hereto as a part of these minutes. 

ADJOURNMENT 

With no further business before the Board, a motion was made by Mike Schoenberger and a second by David Wegner to adjourn the meeting.  The motion carried unanimously.  The meeting was adjourned at 9:20 p.m. 

Respectfully submitted,

Deborah L. Loesch, TRMC

City Secretary

These minutes were approved on            21        day of   November  ,           2005   .