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HomeMy WebLinkAbout1999-11-18 MINUTES ZONING BOARD OF ADJUSTMENTS NOVEMBER 18, 1999 The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Bill Williams 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: Bill Williams Eddie Price John Deithloff Alex Wong Roger Bates Victor Blood Tony May Gene Sloan 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 Manager VISITORS: Ross Branton Robert& Marilyn Savoy Marcelino Pabon Ray Mixon Lindel & Pauline Hams Jack Ray Chuck Blume Nancy&John Farrer Bill McLendon Kelly Allensworth Leonard Korenek Shylene Quinones Giovanni Quinones Dianne Sebastian Clyde Sebastian Betty Ortega THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Board Member John Deithloff. Chairman Bill Williams called for a motion to change the chronology for ZBA#99-09 to be heard first. Board Member John Deithloff made the motion to approve the change in chronology and hear ZBA#99- 09 first. The motion was seconded by Board Member Alex Wong. The vote was as follows: Ayes: Chairman Bill Wiilliams, Board Member John Deithloff, Gene Sloan,Alex Wong, Victor Blood Nays: None Zoning Board of Adjustments Page 2 November 18, 1999 The motion carried. APPROVAL OF MINUTES Chairman Bill Williams called for a motion to approve the minutes of October 28, 1999, Zoning Board of Adjustments meeting as presented. Board Member Gene Sloan made the motion to approve the minutes. The motion was seconded by Board Member John Deithloff. The vote was as follows: Ayes: Chairman Bill Williams, Board Member John Deithloff, Roger Bates, Victor Blood, Alex Wong Nays: None The motion carried. REGULAR AGENDA ITEM II. Public Hearing regarding - ZBA #99-09 - 1421 Bell Ranch Circle - Bell Ranch Terrace Addition, Block 10, Lot 3 Public input regarding the request by Mr. Jose Ortiz, homeowner, for a variance to the minimum 6:12 roof pitch within the R-1 zoning district. The applicant is requesting a deviation which would allow roof pitches ranging from 2.75:12 to 3.25:12 for a single family dwelling being constructed. Chairman Bill Williams 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 grant variances upon appeal and in specific cases variances from the terms of the UDC (Unified Development Code). The Board may approve a request on the finding of meeting the following conditions. 1. The granting of the variance will not be contrary to the public interest, 2. Literal enforcement of the UDC will result in an unnecessary hardship because of exceptionally narrowness, shallowness, shape, topography or other extraordinary or exceptional physically situation or physically 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 owners own actions; 3. That by granting the variance, the spirit of this chapter will be observed and substantial justice will be done. He also stated that on this evening, discussion would be limited to the roof pitch and not any other issues pertaining to that property. Chairman Bill Williams asked the applicant to come forward and give his presentation. Mr. Jose Ortiz, living,Texas stated he was requesting the variance for the property known as 1421 Bell Ranch Circle in Zoning Board of Adjustment Page 3 November 18, 1999 the Bell Ranch Addition. He also stated that his knowledge of the English language was minimal and would like someone to translate for him. Mr. Giovanni Quinones,1409 Nita Lane came forward to translate for Mr. Ortiz. Chairman Bill Williams stated to Mr. Ortiz that although the Board was used to the meeting that he may not be and that most of the audience probably were not either. He also stated that at this time the Board would like to hear from Mr. Ortiz why he felt the variance should be granted and not what he was told by the City. Mr. Ortiz stated he chose the roof pitch because of its high wind resistance and for the safety of his family during a bad storm. Mr. Ortiz also stated through his interpreter, Mr. Quinones, that he was not occupying the house at present, but would like to resolve this matter as soon as possible because he was paying for an apartment and the mortgage on the house. He also stated that he had received bids from contractors on finishing the roof and the drive-way. Chairman Bill Williams called for proponents to come forward. Mrs. Shylene Quinones, 409 Nita Lane, stated she did not find the house to be unattractive and it's probably the safest house in the neighborhood. She also stated that she didn't feel the homeowner was 100% responsible for the situation. Mrs. Quinones stated that the City had looked at the design and materials that were to be used. She also claimed that there was some miscommunications on both parts. Mr. Clyde Sebastain, 411 Nita Lane, stated he had watched the house while under construction and was very curious as it went up. He stated that the house has turned out to be a beautiful sound home. He also stated that the concrete roof was not normal in this area, but the plans were approved and it was known that the roof was going to be concrete. Mr. Sebastain stated that it was explained to him by Mr. Ortiz that it would be a problem pouring a concrete roof with a steep pitch. Betty Ortega, 1406 Bell Ranch Circle, pleaded with the Board to "please have a heart" and let Mr. Ortiz have his variance to complete his home. Mr. Giovanni Quinones, 409 Nita Lane, questioned why the City had not stopped the roof construction while there was still time to make changes. Chairman Bill Williams asked opponents to come forward. Mr. Robert Savoy, 1414 Signet Drive, stated that he sympathized with the situation Mr. Ortiz was in but that if there had been a communication problem this should have been worked out. He also stated that Mr. Ortiz knew he had a problem with the roof but made no attempt to fix it. Mr. Leonard Korenek, 1304 Glenbrook, Irving, Texas, father of Audrey Korenek, 1423 Bell Ranch Circle, first explained that his daughter had just had major surgery so could not attend the meeting and had requested that he speak for her. Mr. Korenek stated that he had provided the Board with a copy of a petition listing 20 homeowners directly in view of this property requesting that the variance not be passed and asked that this petition be considered seriously. Mr. Marcelino Pabon, 1409 Signet Drive, stated he thought the roof was "awful". Mr. Ross Branton, 1419 Bell Ranch Circle, stated he had helped Mr. Ortiz move bricks for the house but felt that in the long run the resell on the surrounding homes would suffer. He also stated that the roof pitch on this house did not fit in with the rest of the neighborhood. Mr. Branton stated that he would like to sell his home but could not get an appraisal because of Mr. Ortiz's unfinished house. Chairman Bill Williams closed the public hearing and opened discussion among the Board Members. Board Member Gene Sloan asked Kevin Mercer, Development Service Manager, about comments made in reference to the plans having been approved. Kevin Mercer stated the plans submitted by Mr. Ortiz did indicate a 6 on 12 roof pitch. The plans did indicate compliance with all zoning requirements therefore the permit was issued. Board Member Alex Wong asked Kevin Mercer when the building was being constructed and the roof was being poured, were the inspectors out on site. Kevin Mercer stated that the inspection was called in and the inspector went out, did verify that the reinforcing steel placed within the forms was structurally sound and met building code requirements. But the roof pitch being deficient was noted and was addressed with Mr. Ortiz. Mr. Ortiz assured the inspector at final inspection Zoning Board of Adjustment Page 4 November 18, 1999 it would achieve a 6 on 12 roof pitch. Board Member Victor Blood asked Kevin Mercer how long ago were they"Red Tagged"to stop construction. Kevin Mercer stated that it was about four months ago and that the roof was poured about six months ago. He also stated discussing with Mr. Ortiz the possibility of putting a second roof over this roof. A conventionally wood frame that did meet the 6 on 12 as well as the aesthetic zoning requirements and still offer the protection and structural stability having the concrete roof beneath the wooden roof. Chairman Bill Williams stated to everyone attending the meeting, primarily for Mr. Ortiz, that the Zoning Board of Adjustment does not have free rein to make any and all decisions just on what we think things should be. We're a citizen board here to grant variances in limited circumstances. We're not here to legislate. We have the City Council for the City of Euless that makes the laws based on information that's provided to them by the Planing and Zoning Commission. Chairman Bill Williams also stated that the jurisdiction as the Zoning Board of Adjustment is not to legislate. The Board does not have that authority even if we feel that the way the ordinance is written is inappropriate or we just have a disagreement in certain circumstances. We still can't just disagree and change the law. Chairman Williams stated that what the board does have authority to do is to look at the ordinance and look at the requirement for granting a variance on a specific piece of property. We look at some of the specific requirements that it must meet that are within the law. The law that I'm referring to is the Unified Development Code for the City of Euless and it states in section 84-27, subsection 10(c), Authorized variances, section 2. This section talks about the shape of the property. The board may authorize variances when the board finds the following conditions are met: (2) that literal enforcement of the chapter will result in 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 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. Chairman Williams also stated that variance requests are made when ever there is something unusual or unique about the piece of property, not what's constructed on the property, but the land itself. Is there something unusual about the property, in that it's not a rectangular piece of property, or that it's topography has a great deal of slope to it. Chairman Bill Williams stated that everything that was said had to do with construction of the home that's being built on this piece of property. He also stated that nothing had been mentioned in regards to this piece of property being an unusual or unique piece of property and this condition must be met before the Board Members can vote to approve a variance request. Chairman Bill Williams called for a motion. Board Member Alex Wong made the motion to deny the variance request and was seconded by Board Member Gene Sloan. The vote was as follows: Ayes: Chairman Bill Williams, Board Members John Deithloff, Gene Sloan, Victor Blood, Alex Wong Nays: None The motion carried. Zoning Board of Adjustments Page 5 November 18, 1999 ITEM II Public Hearing regarding - ZBA #99-08 - 603 Martin Lane - Oak Crest Estates, Block 4, Lot 25R Public Hearing regarding the request by Bill and Laura Ray, homeowners, for a variance to the rear setback requirement to allow for a storage shed which has already been constructed. Chairman Bill Williams opened the public hearing and asked Kevin Mercer, Development Services Manager, for the presentation. Kevin Mercer stated it's a request made by Bill and Laura Ray for a variance to the rear setback requirement to allow for a storage shed which has previously been constructed. He also reminded the Commissioners that if there is a motion to approve this case that it be subject to receipt of encroachment letters from all franchised utility companies within the City of Euless. Chairman Bill Williams asked the applicants to come forward and give the presentation. Mr. Bill and Laura Ray, 603 Martin Lane, came forward. Mr. Ray stated that when he built the storage shed he failed to obtain a permit. He also stated that because of the shape of his property there was no other site to build the storage shed. Mrs. Laura Ray stated that it wasn't intentionally done, but that neither she nor Mr. Ray had any idea that a permit was required. She also stated that they had letters from the electric company stating the shed could be build over the easement. Chairman Bill Williams called for proponents to come forward. Mr. Jack Ray, 511 Martin Lane, stated that he had owned the house and sold it to his son about one year ago. Mr. Ray stated that it was a rental house until he sold it to his son. He also stated that the storage shed is of good quality and has enhanced the property. Mr. Lindel Harris, 303 Dickey Drive, stated that the property was going down in appearance until Mr. Bill and Laura Ray bought the property. He also stated that it is the only house with any improvement in that area in the last few years and was in favor of the variance. Chairman Bill Williams called for opponents to come forward. There being none Chairman Bill Williams closed the public hearing and opened discussion among the board members. Board Member Victor Blood stated that because of the curvature on Martin Lane and this being a corner lot it has some Zoning restrictions that other lots around it do not. Board Member Gene Sloan asked Mrs. Ray what had prompted her to ask for the letter from TU, but not to ask for a permit from the City. Mrs. Ray answered that when the pool was built the contractor instructed her to go to TU and that the pool was over the easement line just a little. Chairman Bill Williams asked Mrs. Ray on the chronology of the buildings. Mr. Ray answered that the pool was constructed first and then the storage shed. Board Member Alex Wong stated that when Mrs. Ray went to TU for the pool location approval, they gave her the letter but probably would not get location approval for the storage shed. Mr. Ray stated that he had already spoken with TU and was told that if he needed a letter since the building is on the utility easement the request would have to come from the City. Kevin Mercer stated he would request the letter. Board Member Victor Blood stated that if the variance was approved the requirements as far as fire rating regarding the construction be in compliance. Chairman Bill Williams called for a motion. Board Member Victor Blood made the motion to approve the variance request with the stipulation that they work with the City to provide letters of approval from all of the public utilities and the City Water Department within a ninety day period and that they conform to any building code that may apply to the structure being built within this proximity of a property line. The motion was seconded by Board Member Gene Sloan. The vote was as follows: Zoning Board of Adjustments Page 6 November 18,1999 Ayes: Chairman Bill Williams, Board Member John Deithloff, Gene Sloan, Victor Blood, Alex Wong Nays: None The motion carried. Adjournment: There being no further business the meeting was adjourned at 8:10 p.m. C/Ygl Williams (27/e/r,// dMsr r rinute11 11899.me