HomeMy WebLinkAbout2010-09-01 ZONING BOARD OF ADJUSTMENT
September 1, 2010
MINUTES
The regular meeting of the Zoning Board of Adjustment was called to order by Chairman
Ruby Anne Crites at 6:30 p.m. for consideration of scheduled items in the Council
Chambers in City Hall of the Municipal Building. Chairman Ruby Anne Crites stated there
was a quorum of members of the Zoning Board of Adjustment present.
MEMBERS AND STAFF PRESENT: MEMBERS ABSENT
Chairman Ruby Anne Crites Board Member Harry Zimmer
Vice Chairman Steven Ellis
Board Member Robert Wooldridge
Board Member Bryon DeVries
Chris Barker, Director of Planning and Development
Ron Young, Director of Public Works
Stephen Cook, Senior Planner
Deborah Howard, Development Secretary
VISITORS: Laila Bharwani, Shafiqul I Abed
THE INVOCATION AND PLEDGE OF ALLEGIANCE: The Invocation and Pledge of
Allegiance was given by Board Member Bryon DeVries.
ITEM 1 APPROVAL OF MINUTES for called meeting of January 7, 2010
Vice Chairman Ellis made a motion to approve the minutes for called meeting of
January 7, 2010. Board Member DeVries seconded the motion. The vote was as
follows:
Ayes: Chairman Crites; Vice Chairman Ellis; Board Members Wooldridge and DeVries
Nays: None
Abstention: None
The motion carried (4-0-0)
ITEM 2 CASE #10-01-ZBA — HOLD PUBLIC HEARING AND CONSIDER A
REQUEST FOR A ZONING VARIANCE
Receive public input regarding a request for a Zoning Variance. The
applicant is requesting a variance to the TX-10 (Texas Highway 10 multi-
use district) development standards. This property is located on Hinson
McCoy Survey, A-1073, Tract 1D2A, 3101 W. Euless Boulevard.
Zoning Board of Adjustment Minutes September 1, 2010
Chairman Crites opened the public hearing.
Chris Barker, Director of Planning and Development, gave a brief description of the
case. Mr. Laila Bharwani representing Khursa Enterprises is seeking variances to the
TX-10 zoning district development standards for the property located at 3101 W. Euless
Boulevard. The property is an existing convenience store. The property owner is
seeking to upgrade and rebrand the store with a national company.
The variances that the property owner is seeking are as follows:
1. Variance to the front yard setback distance of twenty (20') feet for the existing
fuel island and fuel island canopy.
2. Variance to the minimum lot width of one hundred thirty (130') feet.
3. Variance to the minimum lot size of twenty-two thousand five hundred (22,500)
square feet.
The property has never been platted and recorded with Tarrant County. As the property
owner is expanding the primary structure and redeveloping the site, the City of Euless
has required the property to be platted. SH 10 was widened to its existing six lanes in
2002. Prior to the widening of the highway, right-of-way was acquired along the frontage
of the property to accommodate the expansion; thereby resetting the front property line
to its current location. Therefore, the setting of a 20' front building line encroached onto
the existing structure. The property survey shows that the existing fuel island canopy
encroaches over the 20' front building line by about 11 feet. In addition, the platting of
the property requires the property owner to dedicate right-of-way from the east side of
the property along Raider Drive. According to the City of Euless Thoroughfare Master
Plan, Raider Drive south of SH 10 will eventually be widened. As property is developed
and redeveloped through platting, right-of-way dedication is utilized to allow for the
future expansion of the road. The property required for dedication on this lot will reduce
the maximum width of the lot to less than the 130' required by the TX-10 zoning district.
Further, the lot as currently surveyed, measures approximately 20,734 square feet in
area which is less than the required 22,500 square feet of the ordinance. The right-of-
way dedication to Raider Drive will further reduce the lot size. The property owner is
requesting these three variances from the TX-10 zoning district in order to continue
expansion and redevelopment of the property. The owner's argument contends that the
right-of-way acquisition from governmental agencies has reduced the property is such a
way as to cause the property to no longer be in compliance with all applicable zoning
district development standards. Further, the proposed redevelopment will cause the
property to adequately function consistent with the spirit and intent of the zoning district
development standards. The Development Review Committee has reviewed this
application and has certified that it meets the intent of the Unified Development Code. It
is the City staff's opinion that because the literal enforcement of the TX-10 standards
would result the unnecessary hardship on the property owner due to the exceptional
narrowness, shallowness and shape of the physical property, staff is recommending
that the variances requested be granted.
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Zoning Board of Adjustment Minutes September 1, 2010
Shafiqul I Abed, 503 Wade Court, Euless, Texas, stated the project was as Mr. Barker
described and he was available for any questions.
Chairman Crites asked for any proponents/opponents to come forward for any
comments. Seeing none the public hearing was closed.
There were no questions among the board.
Board Member DeVries made a motion to approve case #10-01-ZBA. Vice Chairman
Ellis seconded the motion. The vote was as follows:
Ayes: Chairman Crites; Vice Chairman Ellis; Board Members Wooldridge and DeVries
Nays: None
Abstention: None
The motion carried (4-0-0)
Chairman Crites adjourned the meeting at 6:45 p.m.
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Cha man rites Date
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