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HomeMy WebLinkAbout2014-01-30 CITY OF EULESS ZONING BOARD OF ADJUSTMENT JANUARY 30, 2014 MINUTES A regular meeting of the Zoning Board of Adjustment was called to order by Vice Chairman Steven Ellis at 5:30 p.m. on January 30, 2014 in the Pre-Council Conference Room of City Hall, 201 North Ector Drive. Those present included Vice Chairman Steven Ellis, Board Members: Robert Wooldridge and Harry Zimmer, and Alternate Board Members: Ronald Dunckel and Clarence Moore. During the Pre-Session Meeting: ➢ Senior Planner Stephen Cook reviewed the regular agenda. ZONING BOARD OF ADJUSTMENT CONSIDERATION OF SCHEDULED ITEMS — PRE-COUNCIL CONFERENCE ROOM The Euless Zoning Board of Adjustment continued their meeting in the Council Chambers at 6:03 p.m. for consideration of scheduled items. STAFF PRESENT: Mike Collins, Director of Planning and Economic Development Stephen Cook, Senior Planner Alicia Davenport, Administrative Secretary VISITORS: Farid Ahamed INVOCATION Board Member Wooldridge gave the invocation. THE PLEDGE OF ALLEGIANCE Vice Chairman Ellis led the pledge of allegiance. ITEM 1. APPROVED ZONING BOARD OF ADJUSTMENT MINUTES Board Member Moore made a motion to approve the minutes for the regular meeting of July 25, 2013. Board Member Dunckel seconded the motion. The vote was as follows: Ayes: Vice Chairman Ellis and Board Members: Wooldridge, Zimmer, Dunckel, and Moore. Nays: None Zoning Board of Adjustment Minutes Page 1 of 3 January 30, 2014 Zoning Board of Adjustments Minutes Page 2 of 3 January 30, 2014 Abstention: None Vice Chairman Ellis declared the motion carried. (5-0-0) ITEM 2. HELD A PUBLIC HEARING FOR ZONING BOARD OF ADJUSTMENT CASE NO. 13-03-ZBA Vice Chairman Ellis opened the public hearing at 6:06 p.m. Senior Planner Stephen Cook gave a brief description of the case. Applicant: Mr. Farid Ahamed, homeowner. Location/Zoning: 509 Hideaway Court— Planned Development Zoning District (PD) Request Description: The applicant is requesting the following variance: Variance of side yard setback from adjacent street on a corner lot: Ordinance No. 1223 referencing Section 84-103(b)(7)(b) — corner lot — 15 feet on street side; fences greater than 36 inches in height shall be setback a minimum of 10 feet for side lot line. Mr. Ahamed purchased his home at 509 Hideaway Court in the summer of 2013. During the initial purchase, the due diligence on the home showed that the north side of the primary structure encroached on a side yard setback by approximately five (5) feet. Mr. Ahamed is attempting to refinance the home and a condition of the new lender is that the violation be rectified. Ordinance No. 1223 was approved by the City Council on December 12, 1996 establishing a Planned Development for single-family residential based on the R-1 L zoning district. The standard side yard setback distance is five (5) feet. However, where a lot is located on a corner, the setback distance is set at fifteen (15) feet. 509 Hideaway is located at the southwest corner of a ninety degree turn of Hideaway Court as it departs from the intersection with Sixpence and International.There is an eight (8) foot masonry subdivision wall along the north property line of the parcel which terminates at generally the northeast corner of the property. The limited private access gate to Hideaway Court intersects at that northeast corner. According to the ordinance, the home was to be constructed at least fifteen (15)feet from the north property line adjacent to the street. The home is located ten and 1/10th (10.1) feet from the property line. This is the distance the applicant wishes to be granted a variance. It appears from City of Euless records, that a building permit was issued on November 29, 1999 approving the location of the home on the parcel with a ten (10) foot setback. The applicant argues that literal enforcement of the setback distance, which would require demolition of five (5) feet off of the existing home, would be a hardship. Zoning Board of Adjustments Minutes Page 3 of 3 January 30, 2014 Setback distances are part of zoning ordinances in order to provide light and air in the physical separation of buildings. Side yard setbacks on corner lots provide additional visibility for vehicles as oncoming traffic approaching an intersection. In this particular case, the visibility is impeded at the intersection by the physical presence of the masonry subdivision wall and the forward motion of the vehicle by the limited private access gate. The location of the home set back ten feet from the north property line does not provide special conditions which may be replicated in other locations and is a unique situation to this parcel. Staff has reviewed the submitted information regarding the request for the variance and recommends approval of the variance. Vice Chairman Ellis asked to hear from the applicant if he wished to speak. Farid Ahamed stated that he was requesting the variance to assist with the refinancing of his home, as it requires the violation to be corrected. Vice Chairman Ellis asked to hear from any proponents/opponents who wished to speak. Seeing none, Vice Chairman Ellis closed the public hearing at 6:10 p.m. There were no further questions or comments presented by the Board. Board Member Moore made a motion to approve Case No. 13-03-ZBA for a Side Yard Setback Variance for Lot 1, Block A Hideaway Addition, 509 Hideaway Court. Board Member Zimmer seconded the motion. The vote was as follows: Ayes: Vice Chairman Ellis and Board Members: Wooldridge, Zimmer, Dunckel, and Moore. Nays: None Abstention: None Vice Chairman Ellis declared the motion carried. (5-0-0) ITEM 3. ADJOURN There being no further business, the meeting was adjourned at 6:12 p.m 1.11 OK"- 0, ( jan-� 2 -29 -/7— C likMan Date