HomeMy WebLinkAbout1986-08-21 CALLED MEETING
BOARD OF ADJUSTMENTS
AUGUST 21, 1986
CALL TO ORDER
The called meeting of the Board of Adjustments was called to order at 6:35
p.m. in the Council Chamber of Euless City Hall by Chairman Marland Ernest.
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MEMBERS & STAFF PRESENT MEMBERS ABSENT
Marland Ernest
Frank Douglass
Billy Owens
Ralph Gibson
Bill Pasteur
James Knight, City Engineer
Rod Tyler, Senior Planner
Bill Hepworth, Assistant City Engineer
Wendy Ducat, Staff Secretary
VISITORS
IF
Joe Bill Spencer
David Hobbs
Kathy McFadden
INVOCATION
The invocation was given by Mr. Marland Ernest.
APPROVAL OF MINUTES
The minutes of the called meeting dated February 19, 1985, were approved as
written.
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BOARD OF ADJUSTMENTS, AUGUST 21, 1986, PAGE TWO
I.
4#BA-86-01 - REQUEST OF JOE BILL SPENCER BUILDERS, INC., FOR VARIANCE OF THE
NINE (9) FOOT SIDE YARD REQUIREMENT IN AN R-1 (SINGLE FAMILY) ZONING
DISTRICT ON BLOCK 2, LOT 3 & PORTION OF LOT 4, 306 HOLLYWOOD BLVD., CEDAR
HILLS ESTATES, EULESS, TEXAS
Mr. Joe Bill Spencer, J.B. Spencer Builders, Inc. , presented the request
for a variance of the nine (9) foot side yard requirement. He stated that
the foundation for the house was already down and that he was unaware
until two weeks ago that in order to build the house where he had it, it
would require a variance. He also stated that whatever was required of him
to get the variance approved, he would be willing to do.
Mr. Ernest asked if there were any other proponents for this case.
Mr. Hobbs, the owner of the property, informed the Board that he had money
already invested in the house and that it would be a hardship to have to
pick up everything and move it.
Mr. Ernest asked if there were any other proponents. There being none, Mr.
Ernest opened the item for questions from the Board by asking where the
forms were laid for the house.
Mr. Spencer stated that the form is five feet (5' ) from the ten foot (10' )
line of Lot 4 or five feet (5' ) over the lot line of Lot 3. He also stated
that there was ten and one-half feet (10-1/2' ) on the west side of the
form.
Mr. Owens stated that he had visited the site and had noted that there was
a large tree in front. He asked if the tree had any bearing on locating
the foundation form where he did.
Mr. Spencer said that the tree was the reason why they placed the form for
the foundation where they did. The tree was about four to six feet (4 to
6' ) in diameter and was very old. It would cost a lot of money to move the
forms and would take away from the appearance of the house. They have
already had the inspections required for plumbing and had the steel in
place ready for the pouring of the concrete. When they requested an
inspection for the slab, that was when they discovered two property pins.
Mr. Ernest asked Mr. Knight if the City had already issued a building
permit. Mr. Knight informed the Board that a permit had been issued on the
basis of a plot plan submitted by Mr. Spencer. The plot plan submitted to
the building inspections office did not show the building straddling the
lot line.
Mr. Pasteur asked if the plot plan was done by a surveyor or an architect,
or if it was just a sketch.
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Irk
BOARD OF ADJUSTMENTS, AUGUST 21, 1986, PAGE THREE
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Mr. Knight said that the plot plan submitted at the time of application for
a building permit was just a sketch. He did not believe that it had been
signed.
Mr. Spencer stated that on the application for the building permit it did
say Lot 3 & 4.
Mr. Douglass asked Mr. Knight if they approved the variance, and later the
house was sold, would there be any complications?
Mr. Knight stated that if the Board granted the variance and they built the
house on the lot line, there would not be any questions raised. When a
title survey is performed, the only building lines that will show on the
title survey will be the front building lines. Typically the side and rear
yard lines do not show on a title survey, so the title company might not
take any exception to it.
Mr. Douglass inquired as to what would be required for appraisals.
Mr. Knight stated that if there is a structure on the property, the
appraisers would look at what type of construction it is, whether it is
masonry; they will look at the building permit to determine the floor area;
they will base their appraisal on the type of structures within the
neighborhood and the total property that is under that ownership.
Mr. Spencer stated that when he bought the property, there was a house
already on it and he could not remember how the house was sitting or if it
was on the right property line.
Mr. Knight said that years ago the ordinances that the City operated under
were less restrictive than currently. There are a number of houses east of
the subject property where the houses sit on two lots. At the time
building permits were issued, the ordinances were much more lax. If
something should happen to one of those structures and they applied for a
building permit today, they would be faced with the same requirements that
are being asked of Mr. Spencer.
Mr. Ernest asked if there were any opponents. There being none, Mr. Ernest
closed the public hearing.
Mr. Pasteur proposed a motion to grant a variance to the nine foot (9' )
side yard to zero feet in order to allow the structure to be built six
inches (6") west of the property line between Lots 3 and Lot 4;
furthermore, the other side setback line is not to be less than four feet
(4' ) and that the westernmost ten feet (10' ) of Lot 4 remain under the
ownership of the owner of Lot 3.
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BOARD OF ADJUSTMENT AUGUST
21, 1986, PAGE FOUR
Mr. Gibson seconded the motion, and the vote was as follows:
Ayes: Messrs. Gibson, Owens, Douglass, Ernest and Pasteur
Nayes: None
Mr. Ernest declared the motion passed.
ADJOURNMENT
The meeting adjourned at 7:00 p.m.
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