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HomeMy WebLinkAbout2021-08-19CITY OF EULESS ZONING BOARD OF ADJUSTMENT AUGUST 19, 2021 MINUTES A regular meeting of the Zoning Board of Adjustment was called to order by Chairman Crites at 5:30 p.m. on August 19, 2021, in the Council Chambers of City Hall, 201 North Ector Drive. Those present included Chairman Ruby Anne Crites, Vice Chairman Clarence Moore, Board Members: Charles Cinquemani, and Steve Elliott, and Alternate Board Member: Carol Dufinez. During the Pre -Session Meeting: ➢ Senior Planner Stephen Cook reviewed the regularagenda and the staff reports. ZONING BOARD OF ADJUSTMENT CONSIDERATION OF SCHEDULED ITEMS — COUNCIL CHAIMBERS The Euless Zoning Board of Adjustment continued their meeting in the Council Chambers at 6:30 p.m. for consideration of scheduled items. STAFF PRESENT: Michael Warrix, Director of Planning and Economic Development Stephen Cook, Senior Planner Jeanne Flores, Administrative Secretary VISITORS PRESENT: Bret Dowler Chris Muckleroy INVOCATION Vice Chairman Moore gave the invocation. THE PLEDGE OF ALLEGIANCE Board Member Cinquemani led the pledge of allegiance. ITEM 1. APPROVED ZONING BOARD OF ADJUSTMENT MINUTES Vice Chairman Moore made a motion to approve the minutes for the regular meeting of January 28, 2021. Alternate Board Member Dufinez seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice Chairman Moore, Board Members: Cinquemani, Elliot, and Dufinez. Page 1 of 3 Zoning Board of Adjustment Page 2 of 3 August 19, 2021 Nays: None Abstention: None Chairman Crites declared the motion carried. (5-0-0) ITEM 2. HELD A PUBLIC HEARING FOR ZONING BOARD OF ADJUSTMENT CASE NO. 21-02-ZBA AND CONSIDERED A REQUEST FOR A SETBACK DISTANCE VARIANCE Chairman Crites opened the public hearing at 6:33 p.m. Senior Planner, Stephen Cook gave a brief description of the case. The applicant is requesting the following variance: 1. Variance to Section 84-130(13) Conflicting Ordinances —where a setback distance has been established by another ordinance or by approved plat filed of record. Cross City Church is in the process of reconstructing classroom and gathering spaces for youth and adults within the church campus. The original plat of the property was recorded on January 30, 2001. On the plat a twenty-five (25') foot setback from the north property line was established. The zoning of the property is Community Business District (C-2) which establishes a twenty (20') foot front yard setback and a sideyard setback of none, with the exception of being adjacent to property zoned for residential purposes, then five (5') feet. During the construction process of the new facility a surveyor report found that the foundation poured for the new building encroached on the setback distance established by the plat by one point two three (1.23') feet at the north east building corner and by point eight nine (0.89') feet at the north west building corner. An attached building foundation survey dated April 26, 2021 is attached as an exhibit. Section 84-130 (13) states the following: Conflicting ordinances. Where a setback line has been established by another ordinance or by approved plat filed of record and such line requires a greater distance than is prescribed by this chapter for the district in which the building line is located, the minimum required setback shall comply with the line so established by such ordinance or approved plat filed of record. Staff has reviewed the information submitted by the applicant, and has found the following: 1. That the granting of the variance will not be contrary to the public interest. 2. That literal enforcement of Section 84-130 (13) 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 Zoning Board of Adjustment Page 3 of 3 August 19, 2021 specific piece of property in question. 3. That by granting the variance, the spirit of Section 84-130 (13) will be observed and substantial justice will be done. Staff recommends approval of the variance. Chairman Crites asked if the applicant wished to address the Board. Mr. Bret Dowler, the General Contractor, informed the Board that the measurements for the three buildings that were placed on the construction plans were miss calculated. Once the adjustments were made to the plans, the building was shown to be 1.23' feet past the building offset. Chairman Crites asked to hear from any proponents/opponents who wish to speak. Seeing none, Chairman Crites closed the public hearing at 6:41 p.m. There were no questions or comments presented by the Board. Vice Chairman Moore made a motion to approve Case No. 21-02-ZBA for a Setback Variance for Rolling Hills Addition, Block 1, Lot 2; 1000 W Airport Freeway with the conditions as presented. Board Member Cinquemani seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice Chairman Moore, Board Members: Cinquemani, Elliot, and Dufinez. Nays: None Abstention: None Chairman Crites declared the motion carried. (5-0-0) ITEM 3. ADJOURN There being no further business, the meeting was adjourned at 6:42 p.m. Chairman R y nne Crites