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HomeMy WebLinkAbout1999-10-28 MINUTES ZONING BOARD OF ADJUSTMENTS OCTOBER 28, 1999 The regular meeting of the Zoning Board of Adjustments was called to order by Acting Chairman Gene Sloan at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. MEMBERS AND STAFF PRESENT: ABSENT: Vice-Chairman Gene Sloan Chairman Bill Williams John Deithloff Alex Wong Eddie Price Roger Bates Victor Blood Tony May Kevin Mercer, Development Services Manager Donna Brown, Admin. Secretary Dolores Tijerina, Staff Secretary Ron Young, Assistant Director of Public Works /City Engineer Kurt Kasson, Inspections Services Manager VISITORS: Robert Switalski John & Georgeanna Kirt Williams Dave Porter Tom Ferguson Bill Jasper THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Board Member Eddie Price. APPROVAL OF MINUTES Board Member John Deithloff made the motion to approve the minutes of September 23, 1999, Zoning Board of Adjustments meeting as presented and the motion was seconded by Board Member Victor Blood. The vote was as follows: Ayes: Acting Chairman Gene Sloan, Board Members John Deithloff, Roger Bates, Victor Blood, Eddie Price Nays: None The motion carried. Zoning Board of Adjustments Page 2 October 28, 1999 REGULAR AGENDA ITEM I. Public Hearing regarding - ZBA #99-05 - 509 Hideaway Court - Hideaway Addition, Block A , Lot 1 Public input regarding the request of Mr. Robert C. Switalski, President of RCS Homes, for a variance to the required 15 feet side building line setback requirement. The applicant is requesting the variance to allow for the construction of a new single family dwelling with a side building line of 10 feet. Vice-Chairman Gene Sloan opened the Public Hearing and asked Kevin Mercer, Development Services Manager, for the presentation. Kevin Mercer stated the Zoning Board of Adjustments does have the authority to make a deviation to a Unified Development Code (UDC) requirement, that requirement being a part of the UDC (the 150' separation). The Board may approve that request on the finding of the following conditions have been met. 1. The granting of the variance will not be contrary to the public interest, 2. That literal enforcement of the UDC will result in an unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean a physical hardship relating to the property itself as distinguished from hardship relating to convenience, financial considerations or caprice, and applicant or property owner's own actions; 3. That by granting the variance, the spirit of this chapter will be observed and substantial justice will be done. Vice-Chairman Sloan asked the representative to come forward and give his presentation. Mr. Robert Switalski, 6644 Castle Pines, Plano, Texas stated he was requesting the variance for the property know as 509 Hideaway Court in the Hideaway Addition a gated community, currently a 15 feet side yard requirement to be changed to a 10 feet side yard building line requirement. He also stated that the house currently under construction will have a house width of 40 feet and at present time the lot will only allow a 30 feet house. The variance request would help that home tremendously as far as the overall aesthetics. Vice-Chairman Sloan asked for proponents to come forward. There being none Vice- Chairman Sloan asked for opponents of the variance to come forward. There being none Vice-Chairman Sloan closed the public hearing and opened discussion among the board members. Vice-Chairman Sloan stated that half of the lots were 50 feet wide and the other half 49 feet wide and that it had been stated by Mr. Switalski that the average lot was 50 feet wide. Mr. Switalski stated that there were a few lots which are 49 feet wide. With no further discussion, Vice-Chairman called for a motion. Board Member John Zoning Board of Adjustments L. Page 3 October 28, 1999 Diethloff made the motion to approve the variance and was seconded by Board Member Victor Blood. The vote was as follows: Ayes: Vice-Chairman Sloan, Board Member John Deithloff, Victor Blood, Roger Bates, Eddie Price Nays: None The motion carried. ITEM II. Remove from Table - ZBA #99-04 - 211 N. Main Street - J.P. Halford Survey, A-711, Tract 1G Vice Chairman Gene Sloan called for Kevin Mercer, Development Services Manager, to give the presentation. Kevin Mercer stated that this was a request that was tabled at the September 23rd meeting, a request to deviate from the drive approach separation from an intersection. He also stated that the ordinance requires 150 feet distance from the intersection. Kevin Mercer stated at the last meeting the approach onto the Highway 183 Service Road was approved with conditions. The items we are entertaining this evening is the request on North Main Street. Vice-Chairman Gene Sloan called for a motion to untable ZBA #99-04. Board Member Victor Blood made the motion to untable Item ZBA #99-04 and motion was seconded by Board Member John Deithloff. The vote was as follows: Ayes: Vice-Chairman Gene Sloan, Board Members Victor, John Deithloff, Roger Bates Nays: None Abstention: Board Member Eddie Price The motion carried. Vice-Chairman Gene Sloan called for the representative to give his presentation. Mr. Kirk Williams, 5400 Renaissance Tower, representative for Exxon USA Corporation, and Mr. Dave Porter, engineer from the Wallace Group, Inc., 1299 Paddock Circle, Dallas, Texas, were present. Mr. Williams stated that at the last meeting the entrance and exit on State Highway 183 was approved with the condition that it be moved slightly to the west so that it come out perpendicular to State Highway 183 and this was done. Mr. Williams also stated that a note was added on the plans indicating the time of fuel delivery to be between 6:00 p.m. and 6:00 a.m. Mr. Williams stated that contact was made with Chevron regarding a mutual access point. Mr. Williams stated that Mr. Porter made verbal contact with Chevron after there was no response to a letter dated October 9, 1999, at which time Chevron stated that they had no interest in the "shared access". Ron Young, City Engineer asked if the site plan was prepared by Mr. Porter. Mr. Porter stated that the site plan had been prepared by another engineer, Mr. Chris Reeves. Mr. Young Zoning Board of Adjustments Page 4 October 28, 1999 asked Mr. Porter if he was aware that we do have the Main Street project, which will require additional right-of-way from properties on both sides of the road and that this site is viable for the Tiger Mart and for the fuel sells after the right of way dedication. Mr. Porter stated that he had reviewed the site plan and in his opinion it is a viable site with the proposed conditions and right of way dedication mentioned. Vice-Chairman Gene Sloan asked for proponents to come forward. There being none Vice-Chairman Gene Sloan called for opponents of the variance to come forward. There being none Vice-Chairman Sloan closed the hearing and opened discussion among the board members. Board Member Victor Blood asked Ron Young, City Engineer, if he had seen overlay drawings showing the turning radius on how a truck would exit because the way it appears its almost like a u-turn, and how far would the driver have to go down Main Street to make the turn. Mr. Young stated he had briefly viewed the drawings, and it appears that the driver would have to go to the lane adjacent to the continuous left turn lane. Board Member Victor Blood stated that he had a concern with someone trying to turn left at the same time someone is trying to turn right out of the Chevron and end up in an accident. He also stated that the Exxon drive-way onto Main Street should be right turn only. With no further discussion Vice-Chairman Gene Sloan called for a motion. Board Member Roger Bates made the motion to approve ZBA #99-04 as presented with right hand turn only heading south on Main Street. The motion was seconded by Board Member John Deithloff. The vote was as follows: Ayes: Vice-Chairman Gene Sloan, Board Members Victor Blood, Eddie Price, John Deithloff, Roger Bates Nays: None The motion carried. ITEM III ZBA #99-07 - 209 W. Airport Freeway - Casa Bonita Addition, Block 1, Lot 2 Public input regarding the request by the Kensington Corporation for a variance to construct a six feet cedar screening fence beyond the building line and deviation from the masonry fence requirements. Vice Chairman Gene Sloan opened the public hearing and asked Kevin Mercer, Development Services Manager for the presentation. Kevin Mercer stated this was a two-fold request; 1. a deviation to substitute cedar fence for masonry requirement along Huffman Street as well as a deviation to encroach over the building line requirement. Zoning Board of Adjustments Page 5 October 28, 1999 Vice-Chairman Sloan called for the representative to come forward and give the presentation. Mr. Ron Winstead, 516 E. Franklin, Grapevine, Texas, stated that instead of the cedar fence they would like to go with a wrought iron fence. He also stated the property was small and to place the fence on the building line would be a hardship on their parking. Mr. Winstead stated that the U-Store business down the street was enclosed with a wrought iron fence and their fence is on the property line. Vice-Chairman Sloan called for proponents to come forward. There being none Vice- Chairman Sloan called for opponents of the variance to come forward. There being none Vice-Chairman Sloan closed the public hearing and opened up discussion among the Board Members. Board Member Victor Blood asked Mr. Winstead if they were proposing wrought iron for all the fence or just the portion at the street. Mr. Winstead stated that it would all be 6 feet wrought iron. Mr. Blood stated he believed that although the intent of the ordinance is to screen storage, because vehicles are stored here a wrought iron fence would provide better security since police could drive by and see in, and also there would be less of a visibility problem with people leaving the facility and being unable to see traffic. Kevin Mercer, Development Services Manager, stated that the difference in the fencing at the U-Store storage and at this location is that the fencing at the storage place is not a [required] screening fence, it is security only. He also stated the ordinance states that when it is no more than 25% solid it may encroach over the building line and be located at the property line. Vice-Chairman Gene Sloan called for a motion. Board Member Eddie Price made the motion to accept the variance request with the modification that the fence be wrought iron similar to the nearby property. The motion was seconded by Board Member Victor Blood. The vote was as follows: Ayes: Vice-Chairman Gene Sloan, Board Member Victor Blood, John Deithloff, Eddie Price, Roger Bates Nays: None The motion carried. Adjournment: There being no further •usiness the meeting was adjourned at 7:22 p.m. - /4/ V ce-Chairman Gene Sloan to dt\wpwi n\minute\102899.zba