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HomeMy WebLinkAbout1986-09-30 • CALLED MEETING BOARD OF ADJUSTMENTS SEPTEMBER 30, 1986 CALL TO ORDER The called meeting of the Board of Adjustments was called to order at 6:55 p.m. in the Council Chamber of Euless City Hall by Chairman Marland Ernest. MEMBERS & STAFF PRESENT MEMBERS ABSENT Marland Ernest Frank Douglass Billy Owens Ralph Gibson Bill Pasteur James Cribbs, City Attorney Rod Tyler, Senior Planner Jim McKanna, Project Engineer Wendy Ducat, Staff Secretary VISITORS Robert L. Linscott Sandra Linscott Bonnie O'Neal D. Chance INVOCATION The invocation was given by Mr. Bill Pasteur. APPROVAL OF MINUTES The minutes of the called meeting dated August 21, 1986, were approved as written. BOARD OF ADJUSTMENTS, SEPTEMBER 30, 1986, PAGE TWO I. #BA-86-02 - REQUEST OF ROBERT L. LINSCOTT FOR VARIANCE OF THE PARKING REQUIREMENTS IN AN R-1 (SINGLE FAMILY) ZONING DISTRICT TO ALLOW THE RE- QUIRED PARKING SPACES TO BE LOCATED WITHIN THE REQUIRED FRONT YARD FOR THE PROPERTY GENERALLY DESCRIBED AND LOCATED IN MIDWAY PARK ADDITION, BLOCK 27, LOT 25, 504 ARANSAS, EULESS, TEXAS Mr. Robert L. Linscott presented the request for a variance of the parking requirement. He stated that he felt that the enclosure of his one car garage would enhance his property. He stated that Aransas was a very busy street and that the two (2) additional paved off-street parking spaces he would be building when he widened his driveway would help relieve some of the congestion on the street. He stated that the enclosure project was 90% complete. All that was needed for completion was the siding and roof shingles. He also stated that when they began the project they had not intended to widen the driveway and was not aware that a permit to do this type of remodeling was needed. He further stated that a contractor had done the work and that he had already paid for the work. Mr. Owens inquired of Mr. Linscott if he were adding another room or if the work was done in order to enlarge the living room? Mr. Linscott stated that the work was done strictly to enlarge his living room and that he was not aware of anyone in the neighborhood who objected to the garage enclosure. Mrs. Sandra Linscott stated that they had observed other garages in the neighborhood being enclosed and stated that she did not understand why those houses were being allowed to be completed while theirs was stopped. Mr. Owens stated that some of the remarks in Mr. Linscott's letter might be interpreted as being since someone else violated the law, he should be able to also. He also stated that he did not think that Mr. Linscott meant to convey this. It was to be noted that just because everyone else has done it, the Board was not going to grant this variance just on that method only. Mr. Cribbs explained that the reason for the hearing was that the Euless Council, in order to reduce the number of vehicles in the street and to increase accessibility for fire and emergency equipment, had imposed uniform parking requirements. The ordinances, as adopted by the City, were not intended to impose an unreasonable hardship on anyone, but to insure that whatever enlargement was made to a structure, that adequate off- street parking was provided. BOARD OF ADJUSTMENT, SEPTEMBER 30, 1986, PAGE THREE Mr. Cribbs also stated that Mr. Linscott's application has sparked a very intense discussion amongst the Board Members as to what to do with the issue raised by Mr. Linscott's application. Mr. Linscott pointed out that there are several other houses that have had the same or similar changes done to their houses which may or may not have complied with current City requirements. Mr. Cribbs explained that over the last 15 years Euless has been in a growth posture and subsequently has developed a staff of suf- ficient size and ability to police such changes more efficiently. The Board recognizes that there may be certain circumstances such as limited side yards that would make it impossible to put vehicles in the back yard. In follow-up to what Mr. Cribbs had said, the Board wanted more to come out of the meeting than just a resolution to this one issue. It was hoped to convey to the City Staff and City Council that they should investigate different alternatives to the current parking ordinances regardless of what was decided. Mr. Ernest pointed out that Mr. Linscott's house, like most others in Midway Park Addition, is a non-conforming structure for two reasons; 1. It does not have the current side yard clearance as specified by the current zoning ordinances; and 2. It does not have two covered off-street parking spaces behind the building line as currently required. He stated that both of these conditions exist because the houses built in Midway Park were built prior to the current side yard and parking ord- inance. Mrs. O'Neal, a neighbor, stated that she was in favor of the Linscotts being granted their variance so that they can get the cars off the street. She also stated they she would like to see all of the driveways paved for double parking spaces. Mr. Ernest asked if there were any other proponents for the case. There being none, he asked if there were any opponents to the case. There being none, Mr. Ernest closed the public hearing and called for a motion. Mr. Owens moved to approve the variance on #BA-86-02 with the stipulation that Mr. Linscott acquire a permit from the City for the garage enclosure and the construction of the two car paved driveway and that it is done according the current ordinance. Mr. Pasteur seconded the motion. Mr. Ernest opened the motion up for discussion. After being asked, Mr. Cribbs stated that he had no problem with the motion from a legal standpoint. BOARD OF ADJUSTMENT, SEPTEMBER 30, 1986, PAGE FOUR Mr. Tyler stated that, as he understood the motion, should it be approved, staff could issue a building permit to Mr. Linscott to allow him to enclose his garage and add additional living space, provided he met all building code requirements and provided two paved parking spaces as shown on his sketch submitted as part of his Board of Adjustment Application. There being no further discussion, Mr. Ernest called for a vote which was as follows: AYES: Messers: Ernest, Douglass, Owens, Gibson and Pasteur NAYS: None Mr. Ernest declared the motion carried. Mr. Cribbs informed the Board that they are primarily an appeal body but, insofar as they are charged with applying equity in varying an ordinance, they have the authority to make a recommendation to the City Council, any time they encounter what they consider a major glitch in the ordinances. Mr. Pasteur made a motion that the Board of Adjustments put together a recommendation to the City Council that they take immediate action to cause the residents of Midway Park to be notified of existing City ordinances regarding the closing in of garages and remodeling. Secondly, recommend to the City Council that they consider amending the appropriate ordinance to allow garages to be closed in on homes constructed prior to the current side yard requirements provided two (2) paved off-street parking spaces are provided, and that these off-street spaces may be in the front yard provided space is not available behind the building. Mr. Owens seconded the motion and stated that the Planning & Zoning Com- mission is, at this time, reviewing an updated version of the Zoning Ordinance and stated that it should include these provisions. After some discussion, Mr. Ernest called for a vote which was as follows: AYES: Messers: Ernest, Douglass, Owens, Gibson and Pasteur NAYS: None Mr. Ernest declared the motion carried. Mr. Tyler stated that they would draft a resolution from the Board of Adjustments to the City Council requesting that they consider amending the applicable ordinances to conform to the concept outlined in the motion. There being no further business, the meeting was adjourned at 7:55 p.m.