Round Top, Texas

BOARD OF ADJUSTMENTS MEETING 

March 28, 2005

     The meeting was called to order by Chairman Leslie Marsh at 9:05 a.m. in the Town Office.

     Board members present were: Chairman Leslie Marsh, Charlotte Sterk, Cheryl Dergins, and Kathy Johnston. Member Chris Hallman was absent.

          The Board considered the following item:

• 1. Request for setback variances from Round Top Repair Shop: Bradley Wunderlich was present to represent the item. City Secretary, Linda Suggs, stated that the required letters had been mailed to the adjacent property owners and that receipts had been returned from everyone except Howard Konetzke. Marsh questioned Mr. Wunderlich about the timeline of his planning on this project and about why he had not applied for the building permit prior to starting construction. Mr. Wunderlich replied that they were aware of the need for a permit, and they applied for it the day after pouring the foundation. Dergins expressed concern about the precedent set by granting variances. Sterk recom­mended that the applicant be required to remove an 18" piece from one side of the slab. Dergins asked about assessing a fine. She went on to state that a compromise needed to be found that still sends a message. Marsh asked what the amount of the fine could be. Mrs. Suggs looked it up in the Land Use Ordinance and handed it to Marsh to read. Marsh read Section 3 of the Land Use Ordinance aloud. Mr. Wunderlich asked the Board to excuse the time period after filing for the permit when calculating the number of days to fine. Marsh recommended that the time period from the date of pouring the foundation until March 16, which was the ear­liest possible date for the Board to meet, be used to calculate the fine. Mr. Wunderlich stated that the concrete had been poured on February 23. Mrs. Suggs consulted a calendar and stated that it was 21 days from February 23 to March 16. Motion by Dergins to assess fine of $100 per day for 21 days; second by Sterk. Motion passed with all in favor. Mr. Wunderlich suggested that a letter be sent to the property owners annually to remind them of the requirements of the Land Use Ordinance. The Board agreed. Motion by Johnston to approve a variance to the rear yard set­back of 15' and a variance to the side yard setback on the south side of the property of a maximum of 9'; second by Sterk. Motion passed with all in favor. Marsh stated the a letter should be sent to all property owners reminding them of the requirements of the Land Use Amendment on an annual basis, starting now. There was consensus agreement among the members.

Meeting adjourned at 10:00 a.m.

Respectfully Submitted,                      Approved,

___________________                       ______________________

Linda Suggs                                       Leslie Marsh

City Secretary                                    Chairman