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HomeMy WebLinkAbout1978-04-06 411,1 '141110 11111) Zoning Board of Adjustment April 6, 1978 CALL TO ORDER The meeting of the Zoning Board of Adjustment was called to order at 7:30 p.m. in the Council Chambers of Euless City Hall by George Winter, Acting Chairman. Members present were Messrs. Carroll Davis, Billy Owens, and Alton Ray. Also present were Director of Planning and Development Rick Barnes and Recording Secretary Maurine Butler. VISITORS Visitors in attendance were Mr. Ken Bass and Col . and Mrs. Don Perkins. PUBLIC HEARING - REQUEST OF FORT WORTH NATIONAL BANK FOR VARIANCE TO THE TWENTY-FIVE FOOT SETBACK REQUIREMENT TO ALLOW CONSTRUCTION OF A SIX FOOT STOCKADE FENCE ON THE PROPERTY LINE AT 3903 PIPELINE ROAD. (PROPERTY LOCATED WEST OF SOTOGRANDE APARTMENTS.) Acting Chairman Winter stated the Zoning Board of Adjustment will hear arguments for and against the variance to the twenty-five foot setback requirement to allow construction of a six foot stockade fence on the property line at 3903 Pipeline Road. Property described as consisting of 8. 157 acres in the H. Hust Survey, Abstract 657. He requested those who have comments to make, to identify themselves by name and address. Mr. Ken Bass stated he is a Trust Officer with the Fort Worth National Bank. The bank is executor of the Irene Morris Estate, who he is representing at this hearing. Mr. Bass stated in the last couple of months they have had considerate amount of difficulty with the trespassing of youngsters onto the property. The property is heavily wooded and a fairly deep gulley runs through it. The youngsters have gone in there and dug a cave, ten or twelve feet deep back into one of the banks where the dirt is soft. He stated they have covered up the cave several times but they just dig it again. (Page Two, Zoning Board of Adjustment, April 6, 1978) Mr. Bass stated the concern is not so much for the trespassing but they are extremely concerned that children will get hurt or even killed on the property, and the liability in the event this should happen. Mr. Bass stated they want to and will build a six foot stockade fence all the way around the property, where it does not have a fence now. They will put a gate at the entrance, that can be opened and closed. Hopefully, this area can be closed off completely and stop the. youth from going in and possibly hurting themselves. He stated by building the fence up to the street, they will be exposed to traffic and to the public and will be less likely to attempt to climb over it. Mr. Bass stated a variance already exists on the west side, where there is a fence on the property line, and he does not think this request for variance would stand out or be an eyesore. Mr. Winter inquired the location of the dwelling on the property. Mr. Bass showed location of dwelling on map provided. He stated there is a fairly long road that winds down to the dwelling. Plans are to angle the fence back at the entrance in order to not cause a problem or dangerous situation coming out onto the street. Mr. Winter inquired about egress to the property from El Camino Real . Mr. Bass stated, we do not have egress there. The only access is to Pipeline Road. Mr. Winter inquired if there are other proponents for granting the variance. Col . Don Perkins who lives at 3808 Woodvine Drive stated that he is in agreement with the variance but believes construct- ing the fence across would only give front door protection. He suggested the fence be extended. Mr. Bass stated the whole area would be enclosed. The request for variance is only to construct along property line on Pipeline. He said they can go down the side without a variance and can tie into existing fence. Acting Chairman Winter stated if there were no other proponents, the Board would like to address some questions to the City representative. Mr. Winter asked about existing fences along Pipeline Road. Mr. Barnes stated he had been on the (Page Three, Zoning Board of Adjustment, April 6, 1978) property and had slides that might be beneficial . He pointed out the existing fence at rear which is allowed by ordinance. There is an existing fence that goes to the front building line along Pipeline which was required by zoning ordinance for the apartments to construct between the apartment zoning and the single family zoning. The variance is requested to the twenty- five foot setback which is required on any property fronting any major street or public driveway. If the variance were granted, it would go with the property from now on. Mr. Barnes asked that this be kept in mind. Mr. Barnes showed slides from a front view and the existing fences. He pointed out the existing fences that back the houses in Morrisdale and which are on the property line. The street (Pipeline Road) was widened at some point a number of years ago and there is not the standard setback or distance behind the curb that we normally have. Mr. Barnes stated the staff is concerned about a visibility problem there might be as you pull out from the driveway on to Pipeline Road. One reason for the setback requirement is to allow visibility. He also showed slides from the east and west direction on Pipeline and from the apartment complex parking lot, Mr. Davis asked how far the fence would be from the sidewalk if variance were granted. Mr. Barnes stated there is nine and one-half feet of right-of-way behind the curb; a five foot sidewalk and four and one- half to five feet from the sidewalk. The water meter is on the right-of-way. Mr. Davis asked the basic reason for the ordinance requiring the twenty-five foot setback. Mr. Barnes stated there are a number of reasons. A lot of them have to do with visibility on to the public street. Another reason is to leave adequate amount of open space along major thoroughfares. Mr. Davis inquired if the City would have any basic objective if the variance were granted and word it in such a way that would require that the fence be angled back as Mr. Bass suggested they would. Mr. Owens stated a setback might cause an appearance problem for the neighborhood and a straight fence would be much better at the gate. Mr. Davis stated if the variance is granted, it should be in the wording that the fence is to be angled back at the gate, in order to be sure that it is done. Mr. Barnes stated that attaching a stipulation to the variance is questionable legally. 41110 IWO Ni0 NW) (Page Four, Zoning Board of Adjustment, April 6, 1978) Mr. Davis asked how the other fences were allowed so close. Mr. Barnes stated that they are at the rear of the lots in Morrisdale and are allowed on the property line at the rear of such lots. Acting Chairman Winter inquired if there was any further discussion from the proponents or opponents of the variance. There was none. Mr. Owens made motion that variance to the twenty-five foot setback requirement to allow construction of a six foot stockade fence on the property line at 3903 Pipeline Road be granted. Mr. Ray seconded the motion. Mr. Davis requested discussion before the vote. He asked other members if they thought it might be important to stipulate that the angle should be in the setback for safety reasons. Mr. Owens stated that he did not believe the Board can legally do that. Acting Chairman Winter stated if the variance were to be granted, that a stipulation be included that the lines of the fence be approved by the Safety Council or by the City to assure that there is proper visual clearance. Mr. Owens stated the variance should not hold to further stipulation and should take Mr. Bass' word that it will be done. Mr. Bass stated that he would rather the Board stipulate the requirements, than to pass it on to another city department as another department might turn it down. The vote on Mr. Owens motion is as follows: Ayes: Messrs. Owens, Ray, and Davis Nays: Mr. Winter Mr. Barnes stated that it is necessary for at least four of the members to be in favor of a variance in order for it to be granted. Acting Chairman Winter entertained motion for granting the variance with modification as discussed. He stated the only concern is that we are assured the entrance has sufficient setback to provide visual clearance for access or egress to Pipeline Road. 40, 400 400 410 (Page Five, Zoning Board of Adjustment, April 6, 1978) Acting Chairman Winter inquired if the City is enforcing the twenty-five foot setback, what agency or department takes care of this. Mr. Barnes stated fence permits and any other building permits are granted through the Inspection Department. Mr. Davis made motion that amendment to Mr. Owens' motion be made stipulating that at the point of entry to the property on Pipeline Road, the fence be setback the required twenty-five feet and then angled out and flared to the requested distance and angled in such a manner as to provide proper visibility for safe entry to Pipeline Road. Acting Chairman Winter seconded the motion and the vote is as follows: Ayes: Messrs. Davis and Winter Nays: Messrs. Owens and Ray Acting Chairman Winter stated there is sufficient evidence that the request for variance creates a hazard to the safety of the motorist on Pipeline Road and it is the Board' s responsibility to recognize this. Mr. Bass stated that he understands the problem and as an officer of the Fort Worth National Bank, he would write a letter stating there will be a flare in the fence, as long as the fence is there, assuring the safety of access and egress at point of entry. Acting Chairman Winter inquired if this would be satisfactory and acceptable to the Board. Mr. Owens made motion that his original motion for granting the variance to the twenty-five foot setback requirement to allow construction of a six foot stockade fence on property line at 3903 Pipeline Road be granted, and the Director of Planning work out the details. Mr. Ray seconded the motion and the vote is as follows: Ayes: Messrs. Owens, Ray, Davis, and Winter Nays: None Acting Chairman Winter declared the motion carried. 4111, 460 *00 (Page Six, Zoning Board of Adjustment, April 6, 1978) ADJOURNMENT The meeting adjourned at 8: 15 p.m. APPROVED: Chairman