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HomeMy WebLinkAbout1970-02-26 Minutes Called Meeting Zoning Board of Adjustment February 26, 1970 CALL TO ORDER Chairman Henry Uselton called the meeting to order at 8:00 P. M. , in the Council Chambers of Euless City Hall , with the following members present: Messers. Bob Noonan, Henry Uselton and Alternate Member, Mr. Norman Flanagan. Mr. Glenn Walker arrived later in the evening. (Absent: Messers. Bob Jones and Bob Baker) Also present were City Inspector Jack Bullard and his assistant, Mr. Chester McKay. VISITORS Visitors in attendance are listed as follows : Mr. and Mrs. C. H. Holland, Messers. A. T. Sellers and Earl Stephen Mossier. PUBLIC HEARING, BOARD OF ADJUSTMENT CASE NO. 1t, MR. A, T. SELLERS Chairman Uselton advised that two appeals from Mr. A. T. Sellers will be considered this evening, and in order to simpli- fy this case, each appeal will be considered separately. Public Hearing, 17-A, Request For Certificate Of Occupancy To Permit Assembling, Display and Sale of Portable Buildings on Lots 14 and 15, Block 3, Bell Ranch Terrace Addition Chairman Uselton opened the Public Hearing on Zoning Case 17-A, to consider Mr. A. T. Sellers' request for a Certificate of Occupancy to permit the assembling, display and sale of portable buildings on Lots 14 and 15, Block 3, Bell Ranch Terrace Addition. Chairman Uselton stated that this operation seems to be in violation of Zoning Ordinance No. 347 and asked the City Inspector to advise Members of the Board concerning the violation. Mr. Bullard stated that the property in question is zoned "C-1" Neighborhood Business District -- that City of Euless Zoning Ordinance No. 347, which was adopted in December, 1968, does not allow outside storage or display of materials in this Zoning District. Chairman Uselton asked Mr. Sellers if he wished to comment concerning his request. Mr. Sellers stated that the business opera- tion which is in question was in operation prior to the adoption of Ordinance No. 347, and it is his opinion that this Ordinance applies only to violations 41, 460 (Page Two, Board of Adjustment Minutes, February 26, 1970.) which occur after its adoption -- that this type of operation is generally referred to as being under the grandfather clause. Mr. Sellers stated that the property in question is located on Industrial Boulevard in the City of Euless, and that they would like to continue the operation. Mr. Sellers ad- vised that this business started out as a part-time job -- that the buildings belong to Mr. Hossier -- that he (Mr. Sellers) rents the land to Mr. Hossier -- that Mr. Hossier has a family, and he is dependent upon being able to operate from this location. Mr. Sellers stated that he furnishes the telephone and helps Mr. Hossier when he is out, and in any way that he can in his absence, and that Mr. Hossier also helps him. Mr. Sellers reminded Members of the Board that the City of Euless receives the City Sales Tax derived from the sale of these buildings, and that although he used to live in the City of Bedford, he worked with and for the City of Euless when he lived in this neigh- borhood. Mr. Sellers advised that he got out and begged money to build the first Community Hall and first Fire Station and City Hall -- that, in order to get the land line straightened out between Bedford and Euless, he joined Euless in the suit against Bedford. A Member of the Board asked Mr. Sellers if he has always, from the beginning, assembled, displayed and sold portable buildings from this location. Mr. Sellers replied that this office has been located there for between fifteen (15) and twenty (20) years that throughout this time he has used it for storage of lumber and has built out of it -- that they were not doing much building out here part of the time. Mr. Sellers reminded Members of the Board that the Bedford City Limits begins at Spur 350 and there is approximately two miles along the West side of F.M. 157 which lies within the City of Bedford - that this area is planned for industrial purposes -- that he owns the land located at the Northwest corner of Spur 350 and F.M. 157, also owns the land directly, across F.M. 157 from the Medical Clinic and Drug Store, and he owns ahoti-er tract which begins at the Northwest corner of F.M. 157 and Harwood and extends up F.M. 157 for one-half to three-fourths of a mile. Mr. Sellers ad- vised that he can move to one of these locations if he is forced to, and the City Sales Tax will go to the City of Bedford instead of the City of Euless. In reply to a question, the City Inspector advised that Mr. Sellers has never applied for a Certificate of Occupancy or a Building Permit at this location -- that, although the office has been there for fifteen (15) years, the construction of these portable buildings has not been going on even half that long, Mr. Bullard advised that the business opera- tion can be continued; however, it is not legal -- that it is in violation with Ordinance No. 347 because of the outside storage, and the City Building Code is also being violated. A Member of the Board asked Mr. Sellers if the Northwest corner of F.M. 157 and Harwood is where he proposes to move this business. Mr. Sellers replied that it is, if he is forced out of the City of Euless. 41110 4100 40) 40) (Pa.e Three Board of Ad'ustment Minutes Februar 26 1. 0.) Chairman Uselton asked if there were others who desired to speak concerning this matter. There being none, the Public Hearing concerning part "A" of Case No. 17 was closed. Public Hearing, 17-B, Request for Issuance of Building Permit For Repair and Occupancy of Existing Structure Located on a 1 .6 Acre Tract in the J.H. Havens Survey (Southwest corner of Glade Road and F.M. 157) Chairman Uselton opened the Public Hear- ing to consider Part "B" of Case No. 17, which is the request from Mr. A. T. Sellers for issuance of a Building Permit for repair and occupancy of the existing structure located on a 1 .6 acre tract in the J. H. Havens Survey (Southwest corner of Glade Road and F.M. 157) . Chairman Uselton recognized City Inspector Jack Bullard, who located the property in question on the Official City Zoning Map. Mr. Bullard advised that there are three existing buildings on the prop- erty in question -- that, at one time, one of the buildings housed a grocery store, which burned out -- that this is the building Mr. Sellers proposes to restore and, in his opinion, the building must have considerable repairs to put it in operational shape. Mr. Bullard advised that the property is presently zoned "R-1" Single Family Dwelling District -- that Mr. Sellers has requested to use the building for offices and storage and he (Mr. Bullard) could not issue a permit for commercial use of the property because of its present zoning classification. Mr. Bullard stated further that he advised Mr. Sellers that the property must be rezoned before he could issue a building permit. In reply to a question from a Member of the Board, Mr. Bullard stated that a long time ago, the building housed a grocery store -- that there was a fire at this location and for years the build- ing sat vacant -- was run down -- the windows were out and the doors off -- that there is another building on this tract which has been used for rummage sales and storage of different types of materials, however, he is of the opinion Mr. Sellers is applying for a permit for the building which burned out. In reply to a question from Mr. Bullard, Mr. Sellers advised that this is correct. Mr. Sellers stated further that it was not completely burned out -- that the back portion was burned -- about 30%. Mr. Bullard advised that the ordinance states that, if a place is not in use for a period of six (6) months, even though it has been used for a non-conforming use, you cannot go back into it for that use -- that on non-conforming uses, when you cease to use it for that purpose you cannot go back in for the same purpose, but have to apply for zon- ing and obtain proper zoning before you apply for a permit. Mr. Sellers stated that the property in question has not been used for residential purposes since he has owned it, which is approximately fifteen (15) years. Mr. Sellers stated that he is seeking to get permission to make the front portion of the building into offices, so he 4111e 4mo (Page Four, Board of Adjustment Minutes, February 26, 1970.) can move his Fort Worth office out to this location -- that he is paying rent on an office in Fort Worth -- that he would have moved prior to this time but his bookkeeper could not drive -- that his present bookkeeper lives in Rich- land Hills and can drive a car, so that problem has been eliminated. Chairman Uselton asked if there were others who desired to speak concerning this matter. Mr. C. H. Holland stated that he owns the property adjacent to Mr. Sellers' tract, and he has no objection to Mr. Sellers' request. Chairman Uselton asked if there were others who wished to speak. There being none, the Public Hearing on Part "B" of Board of Adjustment Case No. 17 was closed. Mr. 5sLItonadvised d that Members of the Board will weigh all of the evidence which has been presented and reach a decision on what they feel is the best solution for all concerned -- that Mr. Sellers will be notified concerning their decision in these requests. Mr. Sellers thanked Members of the Board for their consideration and left the Council Room at this time. Members of the Board discussed the alleged violations and reviewed City of Euless Zoning Ordinance and Building Code Ordinances. II . DECISION: CASE NO. 17-A, REQUEST FOR CERTIFICATE 00' OCCUPANCY TO PERMIT ASSEMBLING, DISPLAY AND SALE OF PORTABLE BUILDINGS ON LOTS 14 AND 15, BLOCK 3, BELL RANCH TERRACE ADDITION Mr. Walker moved to deny Mr. Sellers' re- quest for a Certificate of Occupancy to permit assembling, display and sale of portable buildings on Lots 14 and 15, Block 3, Bell Ranch Terrace Addition, allowing a period of sixty (60) days in which to vacate the property. Mr. Noonan seconded the motion, and the vote is as follows: Ayes : Messers. Walker, Noonan, Flanagan and Uselton Nays: None Chairman Uselton declared the motion carried. Chairman Uselton instructed that Mr. Sellers be advised of this decision and that the property must be vacated no later than April 27, 1970, 460, 41111) 4141) (Pa•e Five Board of Ad'ustment Minutes Februar 26 1970.) III . DECISION: CASE NO. 17-B, REQUEST FOR ISSUANCE OF BUILDING PERMIT FOR REPAIR AND OCCUPANCY OF EXISTING STRUCTURE' LOCATED ON A 1 .6 ACRE TRACT IN THE J .H.HAVENS SURVEY (SOUTHWEST CORNER OF GLADE ROAD AND F.M. 157) Mr. Noonan moved to approve Mr. Sellers ' request for a building permit for improvement of the existing structure located on a 1 .6 acre tract in the J. H. Havens Survey near the Southwest corner of F.M. 157 and Glade Road, allowing him to use the building for offices, storage space, assembly, construction, display and sale of portable buildings for a period of one (1 ) year. Mr. Walker seconded the motion, and the vote is as follows : Ayes : Messers. Noonan, Walker, Flanagan and Uselton Nays: None Chairman Uselton declared the motion carried. Chairman Uselton instructed that Mr. Sellers be advised that his request for a building permit was approved and occupancy will be allowed until February 26, 1971 . IV. ADJOURNMENT The meeting adjourned at 8:45 P. M. Chairman JM8:fsm