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HomeMy WebLinkAbout2020-10-08 CITY OF EULESS ZONING BOARD OF ADJUSTMENT OCTOBER 8, 2020 MINUTES A regular meeting of the Zoning Board of Adjustment was called to order by Chairman Crites at 6:00 p.m. on October 8, 2020 in the Council Chambers of City Hall, 201 North Ector Drive. Chairman Ruby Anne Crites and Vice Chairman Clarence Moore were present in the Council Chambers, Board Members: Steve Elliot, Ron Young, and Alternate Board Member: David Brown were present via video conferencing. During the Pre-Session Meeting: ➢ Director of Planning and Economic Development Mike Collins reviewed the regular agenda and the staff reports. ZONING BOARD OF ADJUSTMENT CONSIDERATION OF SCHEDULED ITEMS — COUNCIL CHAIMBERS The Euless Zoning Board of Adjustment continued their meeting in the Council Chambers at 6:31 p.m. for consideration of scheduled items. STAFF PRESENT: Mike Collins, Director of Planning and Economic Development Jeanne Flores, Administrative Secretary Scott Joyce, Information Services Director Brett Bennett, Computer Support Specialist II VISITORS PRESENT: None VISITORS VIA VIDEO CONFERENCE: Billy Duckworth INVOCATION Board Member Young gave the invocation. THE PLEDGE OF ALLEGIANCE Board Member Elliot led the pledge of allegiance. ITEM 1. APPROVED ZONING BOARD OF ADJUSTMENT MINUTES Board Member Young made a motion to approve the minutes for the regular meeting of June 10, 2020. Page 1 of 4 Zoning Board of Adjustment Page 2 of 4 October 8, 2020 Alternate Board Member Brown seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice Chairman Moore, Board Members: Elliot, and Young, and Alternate Board Member Brown. Nays: None Abstention: None Chairman Crites declared the motion carried. (5-0-0) ITEM 2. HELD A PUBLIC HEARING FOR ZONING BOARD OF ADJUSTMENT CASE NO. 20-03-ZBA AND CONSIDERED A REQUEST FOR A ZONING VARIANCE Chairman Crites opened the public hearing at 6:38 p.m. Director of Planning and Economic Development, Mike Collins gave a brief description of the case. The applicant is requesting the following variances: 1. Variance to Section 84-112(c)(1) Texas Highway 10 Multi-use district Minimum Lot area of 22,500 square feet 2. Variance to Section 84-112(c)(2) Texas Highway 10 Multi-use district minimum lot width of 130 feet 3. Variance to Section 84-112(c)(3) Texas Highway 10 Multi-use district minimum front yard of 20 feet if all is landscaped. 4. Variance to Section 84-112(c)(5) Texas Highway 10 Multi-use district minimum side yard of height of the building no less than 10 feet. Mr. Tomassi owns Frank's Speed Shop, located at 716 W. Euless Boulevard. The City Council approved a Specific Use Permit (SUP) on August 11, 2020 for this automotive restoration use business. According to the Tarrant Appraisal District, the two structures that the business would operate in were built in 1960, three years prior to the city adopting a zoning ordinance for the first time. In 1997, thirty-seven years after the structures were built, the City created the Texas Highway 10 Multi-use Zoning District(TX-10) and applied it to the entirety of the highway corridor. As with all primary zoning districts in the City, the TX-10 district has development standards for minimum setback distances and lot dimensions. After the SUP was approved, the applicant continued work on a new plat for the property. The property has never been platted. Over the years, these buildings have held many different uses including beauty shops and retail stores. Use of these buildings only required a new Certificate of Occupancy. Mr. Tomassi's proposed automotive services use triggered the requirement for a specific use permit, site plan, and plat. Through the platting process, the surveyor submitted information that showed that the structures and overall lot do not conform to the TX-10 district development standards. The conditions of the site for the new use as approved in the SUP have not increased the non-compliance with any of the conditions that have been in place since 1960. Therefore, the applicant is requesting the following variances. Zoning Board of Adjustment Page 3 of 4 October 8, 2020 The lot is 12,129 square feet. The minimum lot size for the TX-10 district is 22,500 square feet. The only way this lot would be able to be in compliance with the standard to be consolidated with additional property. There is not additional property to be purchased and consolidated with active uses on either side of the parcel. In a similar argument, the lot is eighty (80') feet in width, which is less than the required one hundred thirty (130') feet required by the ordinance. The front building sits 11.7' feet from the front property line with no parking in front. The provision in the ordinance requires a minimum of 20' feet from the property line with no parking in front. The front building is less than the height of the building or 10 feet on its east facade from the side property line. The rear building is less that the height of the building or 10 feet on its west side to the property line. The minimum side yard is the height of the building or a minimum of 10 feet. Staff has reviewed the information submitted by the applicant, and recommends approval of the variances. Chairman Crites asked if the applicant wished to address the Commission. Mr. Billy Duckworth, representative for the applicant, asked if it would be possible to offer a contingency statement on the face of the plat regarding the setbacks. Mr. Collins explained that it would not be necessary to place a contingency statement on the plat since a record of decision (if approved tonight) along with the deed would be filed with the county. Chairman Crites asked to hear from any proponents/opponents who wish to speak. Seeing none, Chairman Crites closed the public hearing at 6:44 pm. Board Member Young stated for the record: 1. Reference to setback 1 and 2; the physical dimensions of the property makes the variance necessary. 2. Reference to setback 3 and 4; the requirements of Texas 10 zoning would make a hardship on the property and the property owner Board Member Elliott asked how long the owner has owned the property. Mr. Collins answered that the Mr. Tomassi, the owner, has owned the property for approximately 12 months. He also owns the property adjacent to the west, which holds his Claims Consulting business, for the past 3 years. Board Member Elliott asked if there has been any issues with the property that need to go in front of a city zoning board. Mr. Collins stated that there had not been any previous issues. Zoning Board of Adjustment Page 4 of 4 October 8, 2020 Vice Chairman Moore wanted to clarify that what the Board is deciding on tonight is to allow the property to stay as is, and not require the owner to make any changes to the setbacks. Mr. Collins confirmed Vice Chairman's Moore's statement. He added that this property has never been platted and new development requires the need for a recorded plat. These variances would allow the owner to vary from certain requirements of the zoning district and allow a new plat to be recorded with the County. There were no further questions or comments presented by the Board. Board Member Young made a motion to approve Case No. 20-03-ZBA for Zoning District Variances for 0.278 acres of the Andrew Huitt Survey Abstract No. 684, Tract 4A; 716 W. Euless Boulevard with the conditions as presented. Vice Chairman Moore seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice Chairman Moore, Board Members: Elliot, and Young, and Alternate Board Member Brown. Nays: None Abstention: None Chairman Crites declared the motion carried. (5-0-0) ITEM 3. ADJOURN There being no further business, the meeting was adjourned at 6:49 p.m. 6Lhq\a- 014)" [ 2s2 % Chairman by Anne Crites D to