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HomeMy WebLinkAbout1969-10-20 Lao 46, 414 Called Meeting City of Euless Board of Adjustment October 20, 1969 CALL TO ORDER The meeting was called to order by Chairman Henry Uselton at 7:40 P. M. in the Fuller Room of the Euless Public Lfrary. Members present are listed, as follows: Messers. Robert Noonan, Glen Walker, Robert Baker and Uselton. (Absent: Reverend Bob Jones) Also present were Recording Secretary Florence Murr, and Mr. Jack Bullard, Building Inspector. VISITORS Visitors in attendance are listed, as follows: Messers. and Mesdms, Paul T. Arnold, C. W. Chapman, A. L. Palmer, Bill Hunter, D. W. Langston, and Denton DeLong; Mesdms. Helen McNamara and Twila Blume; Ms. Connie McNamara and Fannie Buckner; Messers. Glen R. Smith, Jr. , Andy Winters, Howard M. Sadlo, Timothy C. Hobbs, Donald E. Davis, J. E. Davis, Donald J. Davis, Glenn Buckner, Bill Hightower, 0. J. Gibson, E. P. Cottrell , J. W. Murr, Floyd Shillings, R. G. Christensen, J. L. Hines, and D. C. Freitas. PUBLIC HEARING ON APPEAL FROM MR. A, J. WINTERS FOR ISSUANCE OF A BUILDING PERMIT FOR CONSTRUCTION OF A DWELLING ON LOT 17, BLOCK 4, TIMBERLINE ESTATES Chairman Uselton opened the Public Hearing to consider the appeal of Mr. A. J. Winters for issuance of a building permit for construction of a dwelling on Lot 17, Block 4, Timberline Estates (permit having been denied by the City Building Inspector, who ruled that the building plans con- stitute plans for a duplex, which is prohibited in a Single Family Dwelling District.) Chairman Uselton recognized Mr. Andy Winters , appellant. Mr. Winters stated that his firm sold a lot (Lot 17, Block 4, Timberline Estates) to some ladies -- that they had plans designed by an architect. Mr. Winters read a letter dated October 13, 1969, which was transmitted to all property owners who received notice of this Public Hearing, as follows: (Page Two, Called Meeting of the Euless Board of Adjustment October 20. 1969) RE: New home to be built at 711 Marlene Court "TO WHOM IT MAY CONCERN" This letter is being sent to explain what the Zoning Board of Adjustment will be asked to do on October 20, 1969, when they hold a public hearing on a proposed use of Lot #17, Block #4, in Timberline Estates. The proposed use of the lot is to build a single family residence for a mother and her daughter. The plans call for two kitchens , one for the mother and one for the daughter. This was the way they asked the architects to design the home. Their humorous explanation was, "We can live together, but we can 't cook in the same kitchen." The Zoning Board of Adjustment will be asked to rule that these plans do meet the requirements of a single family dwelling unit and grant a permit to build this home. There has been some confusion that this is a request to change the zoning or allow non conforming use of the property. This is not the case at all . It is simply a decision of whether a family can have two kitchens in a home. Should you like to see a copy of the plans prior to October 20th, they will be available at my home or office and if you have any questions concerning the manner, please call me at 283-5341 or 267-2819. I trust that this letter will clarify any misunderstanding on anyone's part and I look forward to discussing the situation with you and hope to see you at the special Zoning Board of Adjustment meeting on October 20th, 1969. Very truly yours, A. J. WINTERS, REALTORS Mr. Winters advised that the plans for the proposed dwelling were designed by an architect to the owners ' specifications -- that he requests that the plans be approved as they appear orb the drawings or that someone define, in writing, a single family dwelling. Chairman Uselton called for proponents in this case and recognized Mr. Glenn Buckner. Mr. Buckner advised that he has contracted to build the proposed house and, as far as he is concerned, he cannot see anything but a single family dwelling. Noe 11111) *11) (Pu , Er ,eCalled Meeting of the Euless Board of Adjustment, October 20, 1969) Mrs. Twila Blume was recognized and stated that she is the lady who sold the house -- that she sold it as a single family dwelling -- that the ladies who purchased it are present this evening, if the Board wishes to hear their comments. Mr. D. Langston stated that he has no objection to the house being built, as long as it complies with the City Ordinance, Mr. Glen R. Smith presented a petition, stating that it contains signatures of 72 persons -- the majority of property owners in Timberline Estates and surrounding properties -- who are willing to leave to the discretion of the Board the decision of what constitutes a single family dwelling, but who are strongly opposed to a duplex being constructed and are opposed to changing Zoning Ordinance No. 347, to allow construction of same, (Petition on file as Exhibit for this meeting.) Mr. Winters stated that the proposed house is not needed at this location, if it necessitates a change in the ordinance; however, he is of the opinion this Public Hearing was called to consider construction of the house rather than changing the ordinance. Mr. A. L. Palmer requested Chairman Uselton to read from Ordinance 347, so he might be better informed concerning the matter. At the request of Chairman Uselton, Mr. Bob Noonan read as follows: "Section 7-1300 - DEFINITIONS AND EXPLANATIONS APPLICABLE TO USE REGULATIONS: (1 ) One-Family Dwelling (detached) : A detached building having a single dwelling unit and occupied by not more than one family. (2) One-Family Dwelling (attached) : A dwelling unit on a separately owned lot which is joined to another dwelling unit on one or more sides by a party wall or abutting separate walls and occupied by not more than one family. (3) Two-Family Dwelling: A detached building having two dwelling units and occupied by not more than two families. (4) Multiple-Family Dwelling: Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three or more dwelling units or apartments, or which is occupied as a home or residence of three or more families." Chairman Uselton stated that the proposed building is so designed that it could be used as a duplex, which would be in confict with the City 's Zoning Ordinance. Page Four, Called Meeting of the Euless Board of Adjustment, October 20, 196 LL Mr. Winters replied affirmatively. Mr. Palmer stated that he could care less how many kitchens it had in it, as long as it is a single family dwelling. Mr. Davis asked if there is any way you can keep the owner from renting the house. Chairman Uselton advised that the City Ordinance prohibits its use as a duplex -- that the house could be rented only to a single family. Mr. Glen Smith stated that he would like to hear the City Inspector's opinion concerning this matter. Chairman Uselton recognized Mr. Jack Bullard, City Inspector, who stated that he studied the plans for the proposed house and determined that it constitutes a duplex -- with a water heater, heating unit, living room, bedroom and kitchen identically the same on both sides, being completely separated from one another by a courtyard with closed interiors. Mr. Bullard stated further that according to his interpretation, a single family dwelling constitutes one unit and one family -- that, in his opinion, this plan constitutes two units, and this is his reason for denying issuance of a building permit. A gentleman in the audience asked if the plans could be revised, converting the entry hall into a living area designed as a front room, with one lockable exterior door, with two separate interior doors which are lockable. Mr. Bullard stated that two complete units in one building constitutes a duplex -- that he is not trying to say this is the way it will be occupied -- but there are two separate living units in the proposed plans. Mr. Walker re-read definitions of One- Family Dwelling attached and detached. Mr. Winters asked if there is anything in the City Ordinance which defines design, other than single family dwellings, attached and detached. Mr. Winters stated that, in many cases, the design is set by the subdivision ordinance and carried out by the City Ordinance -- that unless that Ordinance is changed there is no way these people can sell their property to be used for anything but a single family. Mr. Winters commented that the house located at 211 Walnut Way in the City of Euless has two kitchens in it -- that many of the two story homes and larger homes are going to two air conditioning units and that two water heaters are not uncommon. Mr. Walker asked Mr. Winters if he has a set of plans for the house located at 211 Walnut Way. vad iby 4.0 Imp (Page Five, Called Meeting of the Euless Board of AdTustment, October 20, 1969 J Mr. Winters replied negatively, st:atp q_ 91At the house could not be very old, as the subdivision is comparatively new. Mr. Denton DeLong asked if the plans call for separate meters for water and electricity. Mr. Winters replied negatively. Mr. Glen Smith commented that many apartment houses have only one meter. Mr. Glenn Buckner presented drawings indic tang elevations and pointed out that there is no way to get another garage in because of the terraine. Mr. Walker read the definition of a dwel 1 ing unit, as defined in Ordinance No. 347, as follows: "A building or portion of a building which is arranged, occupied or intended to be occupied as single living quarters and includes facilities for food preparation and sleeping." Mr. Winters stated that this plan was designed by an architect and requested that the Board advise the purchasers what changes would be necessary to allow construction of this home. The City Inspector stated it will be necessary to eliminate either the bedrooms or the kitchen -- that deletion of the bedrooms would not be logical because of the size of the house; therefore, he would recommend removal of one of the kitchens . Mr. Smith stated that he respectfully asks the Board to deny this permit and classify the building as a duplex. Mr. J. L. Hines stated that he is in agreement. with Mr. Smith's request. Chairman Uselton asked if there were others who wished to comment. There being none, Mr. Uselton advised that the Board will give consideration to all comments heard this evening -- that a decision will be made by the Board and all interested persons will be notified, in writing, within ten days. Mr. Uselton requested that all persons desiring notification of this decision furnish their mailing address. A gentleman in tha audience inquired if the Board ' s decision can be appealed. Mr. Bullard advised that in order to appeal the Board ' s decision, a petition must be filed in the District Court. (Page Six, Cal led I � �q i r: Euless Board of Adlu. ,sc.rT:,October 20, 19691 Chairman Use l t,o closed the Public c and recessed the 9. : 10 P. M. At 8: 15 P. M. , th ir: ":i s~g r:yc-an✓tined. Members of the Board reviewed plans for ra-, proposed structure, and were n agreement that the plans constitute a duplex -- that the large storage room and bath contained in one of the units could be rented out for °,;se a:s s1 :,°,p ng quarters. Mr. Noonan moved to concur with the of the City Building E o st°:,cor that the plans for the s rructure proposed for L: Block 4, Timberl Hn . do constitute a duplex, thy. construction of same Htw, a Single Family we.l l tiy rstrict being in violation of City of Euless Zoning Ordinance No. 347, and dlz :r ; this request. Mr. Baker s .c;•Aded the motion, and ±Ins: vote is as follows: Ayes : Mee or. . Noonan , Baker, Walker and i.Mel ton Nays: Noio(—: Chairman Uselton tE+e motion carried. II . ADJOURNMENT The meeting adjourned at 8:20 P. M. APPROVED: Chairman VF:dfh