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Home My WebLink About2022-03-17 Not SignedCITY OF EULESS ZONING BOARD OF ADJUSTMENT March 17, 2022 MINUTES A regular meeting of the Zoning Board of Adjustment was called to order by Chairman Crites at 6:00 p.m. on March 17, 2022 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, Ron Young, 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 6:35 p.m. for consideration of scheduled items. STAFF PRESENT: Michael Warrix, Director of Planning and Economic Development Stephen Cook, Senior Planner Jeanne Flores, Assistant to the City Secretary Yvonne Garcia, Administrative Secretary of Planning and Economic Development VISITORS PRESENT: Zach Penn Renee Hargis Jeff Maze Gill Strillman Mark Hargis INVOCATION Vice Chairman Young gave the invocation. THE PLEDGE OF ALLEGIANCE Board Member Moore 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 August 19, 2021. Alternate Board Member Dufinez seconded the motion. The vote was as follows: Page 1 of 5 Zoning Board of Adjustment Page 2 of 5 March 17, 2022 Ayes: Chairman Crites, Vice Chairman Moore, Board Members: Cinquemani, Young, and Dufinez. 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. 21-04-ZBA AND CONSIDERED A REQUEST FOR A FENCE VARIANCE Chairman Crites opened the public hearing at 6:38 p.m. Senior Planner, Stephen Cook presented the case to the Zoning Board of Adjustment Members and advised that the applicant is requesting a variance to the minimum side yard setback distance for a fence adjacent to a public right-of-way established by Section 84-363 (b) Fence and Freestanding Wall Setback Requirements of the Euless Unified Development Code. This property is zoned Planned Development District. Staff has reviewed the information submitted by the applicant, and has found the following: 1. That the granting of the variance is contrary to the public interest; 2. That literal enforcement of Section 84-363 (b) does not 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. 3. That by denying the variance, the spirit of Section 84-363 (b) will be observed and substantial justice will be done. Staff recommends denial of the variance. Chairman Crites asked if the applicant wished to address the Board. Mr. Zack Penn, Developer, appeared and gave presentation. Chairman Crites asked to hear from any proponents/opponents who wish to speak. Seeing none, Chairman Crites closed the public hearing at 6:50 p.m. Board Member Cinquemani asked if they could be a gate on the side of the fence. Mr. Penn responded yes. Zoning Board of Adjustment Page 3 of 5 March 17, 2022 Board Member Moore asked for clarification that the fence was built under the issued permit was done incorrectly and then requested for the variance. Mr. Penn answered yes that is correct. Board Member Young made a comment to the builders, contractors that a issued permit should comply to the City's Ordinances and not seek remedy after it is built something that is not approved. There were no further questions or comments presented by the Board. Board Member Cinquemani made a motion to deny Case No. 21-04-ZBA for a Fence Variance for Ashlyn Estates, Block B, Lot 7; 300 Faith Drive. Board Member Moore seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice Chairman Moore, Board Members: Cinquemani, Young, and Dufinez. Nays: None Abstention: None Chairman Crites declared the motion carried. (5-0-0) ITEM 3. HELD A PUBLIC HEARING FOR ZONING BOARD OF ADJUSTMENT CASE NO. 22-01-ZBA AND CONSIDERED A REQUEST FOR A FENCE VARIANCE Chairman Crites opened the public hearing at 6:58 p.m. Senior Planner, Stephen Cook presented the case to the Zoning Board of Adjustments Members and advised that the applicant is requesting a variance to the requirement of a minimum six (6') foot masonry fence between a commercial development and an existing residential zoning district. The variance is requested for the southern portion of the development's fence. The requirement is established by Section 84-336 (d) Screening Required Between Uses and Dissimilar Districts in Table 7-A of the Euless Unified Development Code. This property is zoned Community Business District (C-2). Staff has reviewed the information submitted by the applicant, and has found the following: 1. That the granting of the variance is not contrary to the public interest; 2. That literal enforcement of Section 84-336 (d) does result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other Zoning Board of Adjustment Page 4 of 5 March 17, 2022 extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. 3. That by approving the variance, the spirit of Section 84-336 (d) will be observed and substantial justice will be done. Staff recommends approval of the variance. Chairman Crites asked to hear from any proponents/opponents who wish to speak. Renee Hargis, resident appeared and is in favor. She wanted to know about their plans for landscaping and retaining wall. Jeff Maze, resident appeared and is neutral. He is concerned on privacy, landscaping trees on time of growth and clarification on tearing down fences. Gill Strillman, resident appeared and his fence is dilapidated was going to replace but wants clarification if someone else was replacing. Mr. Cook responded to the landscaping on the installation of the shrubs will grow up to 6 feet high within 3 years. In regards to the fence removal, if denied they will have to go back to the site plan and build the masonry wall as required. The intent is for the masonry wall to be the only wall and coordination with adjacent property owners will occur. Mr. Cook noted that still will need to look into matter and get back with Ms. Hargis. It would be the developer's intent to replace any dilapidated fences to match the existing fence line in addition to the masonry wall. Mark Hargis, resident appeared and wanted to know if any irrigation will be placed based on the landscaping plan presented. Mr. Cook responded they are required to have irrigation with landscaping. There being no further questions, Chairman Crites closed the public hearing at 7:22 p.m. There were no questions or comments presented by the Board. Board Member Moore made a motion to approve Case No. 22-01-ZBA a Fence Variance for Westpark Professional Centre Addition, Block 3, Lots 1-3, 2000 block of Westpark Court. Board Member Cinquemani seconded the motion. The vote was as follows: Ayes: Chairman Crites, Vice Chairman Moore, Board Members: Cinquemani, Young, and Dufinez. Nays: None Zoning Board of Adjustment Page 5 of 5 March 17, 2022 Abstention: None Chairman Crites declared the motion carried. (5-0-0) ADJOURN There being no further business, the meeting was adjourned at 7:23 p.m. Chairman Ruby Anne Crites