03-03-1989 (Zoning Board of Adjustment) Minutes ZONING BOARD OF ADJUSTMENTS MEETING
MINUTES
MARCH 3 , 1989
The Zoning Board of Adjustments met in regular session on
Friday, March 3 , 1989 , in the Council Chambers of the
Municipal Complex . A quorum was present and notice of the
meeting had been posted in the time and manner required by
law. Members present were Chairman Art Harris , Mike Miller ,
Sue Ellen Neal , Cleo Adams , and Gerald Clark. Staff members
present were Code Enforcement Officer Roy Fairer , and
Secretary Candi White. G .W. Gooding was absent .
Chairman Art Harris called the meeting to order .
CONSIDER APPROVAL OF MINUTES FOR NOVEMBER 10TH AND 21ST,
1988 MEETINGS . There being no corrections to the minutes , a
motion was made by Mr . Adams to approve the minutes as
submitted. Mr . Clark seconded the motion. The motion
carried with all in favor .
CONSIDER APPROVAL OF REQUEST FOR VARIANCE ON SET BACK
REQUIREMENTS FOR LOT 2 BLOCK 15 , NEWPORT HARBOR. IN
ACCORDANCE WITH SUBDIVISION REGULATIONS, A 2 CAR GARAGE
SHOULD BE ADDED AS THE EXISTING GARAGE WAS CONVERTED INTO AN
OFFICE/DEN. THE ADDITION OF THE NEW GARAGE WILL ENCROACH
INTO THE REQUIRED SET BACK LINE. BUYER OF HOME WANTS TO
LEAVE CONVERSION AND ADD A TWO CAR GARAGE TO MEET THE
SUBDIVISION ORDINANCE BECAUSE OF EXISTING HOME LAYOUT.
(LOCATED AT 1524 SCHOONER BAY DRIVE, ADJACENT TO FM 1378) .
Code Enforcement Officer , Roy Faires explained that when the
home at 1524 Schooner Bay Drive was being constructed , the
plans showed a 2 car attached garage. 'He said that some
other builders in town had lost control of four model homes ,
in which the garages had been converted into offices . Mr .
Faires said that because of that reason , he had made the
decision that converting garages would not be permitted . He
also said that Mr . Baron Cook had guaranteed him that before
his house sold , the garage would be converted back. Mr .
Faires said that Mr . Cook' s guarantee was the only reason he
was permitted to convert the garage, and that at the time
the conversation took place, Mr . Faires was thoroughly
convinced that the garage would be converted back.
Mr . Cook explained to the Board that the house at 1524
Schooner Bay Dr . was his model home, and the garage had been
converted for use as a sales office . He said the house was
1420 square feet , but with the garage conversion it was 1900
square feet . Mr . Cook said he had a couple who wished to
purchase the house , and the main reason they wanted it was
for the garage conversion . Mr . Cook explained that he had
made a mistake during construction and moved the house back
approximately five feet in order to have a larger front
yard . He said that due to that fact , he was encroaching
into the alley set back, and that the side yard set back was
off two foot due to a six foot
oslsliding
oodoor
m rninht the
ohouse.
Mr . Cook said that he simply ran
t .
Chairman Harris asked if the couple had purchased the house.
Mr . Cook said they were living in the house on a lease
purchase arrangement , but the house had not yet been put in
their name.
Chairman Harris asked if any of Mr . Cook' s other houses had
garage conversions . Mr . Cook said that no other houses did ,
that this only did as it was being used for an office.
Chairman Harris asked why there was no driveway at the
house. Mr . Cook explained that he was able to save on the
expense when he built the house, it made the backyard look
larger , and also for security reasons , as it kept people
from coming up on the back of the house. He also said that
he had not built a driveway on any of his three models .
Chairman Harris asked how many homes Mr . Cook had built in
Newport Harbor . Mr . Cook said he had about ten going .
Chairman Harris also asked Mr . Cook if he hadn' t been before
the Board before . Mr . Cook said he had , when he was
building a house on an odd shaped corner lot . Code
Enforcement Officer , Roy Faires agreed that the prior
request was for a home on an odd shaped lot and was a good
application . Mr . Faires asked if Mr . Cook remembered
assuring him that he wouldn' t let someone move in without
converting the garage back. Mr . Cook said he remembered
assuring Mr . Faires that he wouldn' t walk off and leave the
home with the conversion .
Mr . Faires told the Board that garage conversions have never
been allowed by Planning and Zoning or the City Council for
builders or homeowners , and reminded them that they were
supposed to find something unique about the lot that would
cause a hardship before granting a variance.
Mr . Cook explained that the only hardship would be on the
people moving in the house. He said that he could build a
very small garage that would fit on the lot , but he really
would prefer to build a larger garage .
Ms . Neal asked if the house was on a standard lot , and if
Mr . Cook had any other lots . Mr . Cook said it was a
standard lot and that he did have other lots . Ms . Neal
asked him why he didn' t build the same house with the garage
conversion on another lot where a standard garage would also
fit , and sell them that one . Mr . Cook explained that the
buyer ' s couldn' t afford it . Ms . Neal said she felt that Mr .
Cook was using the Board to sell a house and that is not
what the Board was for . She felt that his reasons were
invalid .
Mr . Clark asked if the subdivision ordinance required a two
car garage. Mr . Faires said the zoning ordinance required
one, and that when he allowed Mr . Cook to convert the
garage, there was no question in his mind that the room
would be converted back to a garage . Mr . Faires added that
a garage conversion would never be allowed in Wylie again,
that offices will be in the garage as a garage, or in a
bedroom.
Mr . Harris clarified with Mr . Cook that he was asking for a
variance of five feet on the rear and four feet on the side.
Ms . Neal made a motion to deny approval of the variance .
The motion was seconded by Mr . Adams . The motion carried
with all in favor .
GENERAL DISCUSSION. Ms . Neal said she felt the Board needed
to discuss Mr . Cook not coming before the Board for any more
variances , as she felt it was becoming too convenient for
him. Mr . Faires said that Mr . Cook had been issued a
temporary certificate of occupancy that could be withdrawn
at any time . He also said that other arrangements would
have to be made for the couple living in the house and that
time would be limited to do so .
Art Harris , Chairman
Respectfully Submitted,
611_4:
C KXf
Candi White, Secretary