HomeMy WebLinkAboutBoAOrder 2012-001ORDER OF THE BOARD OF ADJUSTMENT
OF THE CITY OF ANNA
ORDER NO. 2012-001
WHEREAS, the Board of Adjustment of the City of Anna, Texas, held a duly noticed public hearing
at 7:00 p.m. on the 23rd day of January, 2012, to consider the application of Joseph Lutrario, who
sought a material variance from the applicable 10* side-yard setback restrictions in the Anna City
Code of Ordinances, Part lll-C, Zoning Ordinance, and from Section 35.01(h) of said Code, stating
that "no Accessory Building shall be erected or placed within five feet of any side or rear Lot line and
shall not encroach upon any easemenf as relates to the tract of real property located at 118 Butler,
City of Anna, Collin County, Texas as more specifically described as Lot 32, Block A, Tara Farms
Subdivision; and
WHEREAS, the aforementioned applicant was provided notice of and was present at the public
hearing and represented by legal counsel for the duration of the hearing; and
WHEREAS, after due consideration and discussion it appears and the Board finds based on the
evidence and arguments presented during the above-referenced public hearing that the evidence:
1) tails to demonstrate that any special conditions or circumstances—apart from those self-
imposed by the applicant and/or the applicant's contractor—exist which are peculiar to the
land, structure or building involved and which are not applicable to other lands, structures, or
buildings in the same district;
2) fails to demonstrate that a literal interpretation of the applicable provisions of the Zoning
Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the
same district under the terms of the Zoning Ordinance;
3) fails to demonstrate that special conditions and circumstances did not result from the actions
of the applicant and/or the applicants contractor;
4) tails to demonstrate that granting the variance requested would not confer on the applicant a
special privilege that is denied by the Zoning Ordinance to other lands, structures or
buildings in the same district;
5) fails to demonstrate that a literal enforcement of the Zoning Ordinance would result in
unnecessary hardship; and
6) fails to demonstrate that denial of the variance is inconsistent with the spirit of the Zoning
Ordinance and does not confer substantial justice;
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ANNA, TEXAS:
Section 1. That all of the above premises and statements are found and determined to be true and
correct and are incorporated into the body of this Order as if copied in their entirety.
Section 2. That the request of the Applicant for this Board to grant a material variance from the
Zoning Ordinance as further described in this order is hereby DENIED.
ORDEROFTHEBOARDOFADJUSTMENT Page 1 of2
Section 3. That the denial of the variance request was passed by a unanimous vote of the Board of
Adjustment of the City of Anna, Texas.
DULY PASSED AND ADOPTED by the Board of Adjustment of the City of Anna, Texas, on the 23rd
day of January, 2012.
APPROVED:
Jon
Board of Adjustment, City of Anna, Texas
ATTESTED:
r/^k. /£^-£3 __________
Tana Rosb, Recording Secretary Board of
Adjustment City of Anna, Texas
This order was filed for record in the Boards office on the 24th day of January, 2012.
Tana Ross, Recording Secretary
Board of Adjustment, City of Anna, Texas
ORDER OF THE BOARD OF ADJUSTMENT Page 2 of2
Hendricks, Chairman