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HomeMy WebLinkAbout2000-02-17 ZONING BOARD OF ADJUSTMENTS FEBRUARY 17, 2000 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Bill Williams at 6:40 p.m. for consideration of scheduled items in the Council Chambers in Building "B"(Municipal Building). MEMBERS AND STAFF PRESENT: Chairman Bill Williams Board Member John Deithloff Alternate Board Member#1 Alex Wong Board Member Victor Blood Board Member Tony May Board Member Eddie Price Kevin Mercer, Development Services Manager Donna Brown, Admin. Secretary Kim Sorrells, Staff Secretary Ron Young, Assistant Director of Public Works/City Engineer VISITORS: Ronnie Winsett Tom Ferguson Justin Ashby Steve Hudson THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Board Member Eddie Price. APPROVAL OF MINUTES Chairman Bill Williams called for a motion to approve the minutes of November 18, 1999, Zoning Board of Adjustments meeting as presented. Board Member John Deithloff moved to recommend approval of the minutes. Board Member Eddie Price seconded the motion. The vote was as follows: Ayes: Chairman Bill Williams, Board Member Victor Blood, Eddie Price, John Deithloff, Tony May, Nays: None The motion carried. ZONING BOARD OF ADJUSTMENTS FEBRUARY 17, 2000 PAGE 2 Chairman Bill Williams called for a motion to approve the minutes of December 16, 1999, Zoning Board of Adjustments meeting as presented. Board Member Victor Blood moved to recommend approval of the minutes. Chairman Bill Williams seconded the motion. The vote was as follows: Ayes: Chairman Bill Williams, Board Member Victor Blood, Eddie Price, John Deithloff, Tony May, Nays: None The motion carried. REGULAR AGENDA ITEM I. ELECTION OF OFFICERS Chairman Bill Williams stated we will first vote for a Chairman and then a Vice Chairman by writing the name down of a Board Member, tabulate the votes and hold a second vote for Vice Chairman. Board Member Victor Blood suggested rather than taking a second vote take the next highest tabulated votes and name him the Vice Chairman. Victor Blood was elected Chairman of the Zoning Board of Adjustments with John Deithloff being the Vice Chairman. ITEM II. ZBA #99-07- KENSINGTON CORPORATION — 209 W. AIRPORT FWY—CASE BONITA ADDITION BLOCK 1, LOT2 Public input regarding reconsideration of fence variance #99-07 per resolution #99-1046 approved by City Council. The fence variance request is to construct a 6 feet high cedar fence beyond the building line and a deviation from the masonry requirements. Chairman Victor Blood opened the Public Hearing and asked Kevin Mercer, Development Services Manager, for the presentation. Kevin Mercer stated this case was originally considered by the Zoning Board of Adjustments on October 28, 1999, and the request was approved. Mr. Mercer stated City Council passed resolution #99- 1046 on November 23, 1999, which formally requested the Zoning Board of Adjustments to reconsider the case. Mr. Mercer stated the Zoning Board of Adjustments has the authority to grant such variances if they find the three following conditions true: 1) the granting of the variance will not be contrary to public interest. 2) the enforcement of the requirements will result in an unnecessary hardship because of ZONING BOARD OF ADJUSTMENTS FEBRUARY 17, 2000 PAGE 3 the exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. An 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 the requirements of the Unified Development Code will be observed and substantial justice will be done. Chairman Victor Blood asked the applicant to come forward and give his presentation. Mr. Ronnie Winsett, 209 W. Airport Fwy, Euless, Texas stated when the case came before the Board the last time for approval it was a wrought iron fence which would not be screened. Mr. Winsett stated they will go with a wood fence as far as screening goes. Mr. Winsett stated it would kill the business if we went to the building line. Mr. Winsett stated they would lose twenty five percent of parking. Mr. Winsett stated it will not work for them if they can not stay on the property line. Chairman Victor Blood asked if there was anyone in the audience who would like to speak in favor or in opposition of the case. Seeing none, he closed the Public Hearing and opened the case for discussion among the Board. Board Member Bill Williams stated the applicant is talking about a twenty five feet reduction in his area. Mr. Williams asked what the nonconformity is as far as the building line and where it is now as opposed to where it would be if the ordinance was enforced. Kevin Mercer, Development Services Manager, stated he is not sure what building line is platted. Mr. Mercer stated the minimum zoning requirement would be a twenty feet building line. Chairman Victor Blood asked how often is the parking lot full as well as after hours. Mr. Winsett stated our business is automotive after market and you just never know. Mr. Winsett stated we also have our dumpster located there. Chairman Victor Blood stated vehicles that are left over night are considered stored. Mr. Blood stated that is the definition City Council used when drafting the ordinance. Board member John Deithloff stated before we approve this same issue with the wrought iron fence the only difference tonight is that we are changing from a wrought iron fence to something else. ZONING BOARD OF ADJUSTMENTS FEBRUARY 17, 2000 PAGE 4 Chairman Victor Blood stated the reason we allowed it on the property line before as Mr. Mercer noted if it is a wrought iron fence that you can see through, then it can be on the property line, if it is solid fence the ordinance requires a setback. Board member John Deithloff stated we are saying it is approximately six feet from the building line to this point shown on the plans. Chairman Victor Blood stated it is more than twenty feet. Mr. Blood stated the six feet is the height of the screen. Board member Tony May stated we can not fail to look into the fact that it faces a public street. Mr. May stated the Unified Development Code requires that it be masonry. Chairman Victor Blood stated it is strictly a screening issue. Mr. Blood stated currently he does not have security for the parked vehicles so it is not a security issue. Board member Eddie Price stated he is concerned about the hardship of taking out the parking just so we have the superior screened affect. Chairman Victor Blood stated it only amounts to two spaces. Mr. Blood stated the dumpster is taking one or two spaces. Chairman Victor Blood asked how many vehicles can be parked within the confines of the area that will be screened. Mr. Winsett stated ten with the dumpster. Board member John Deithloff asked how far is it from the property line to the street. Kevin Mercer Development Services Manager, stated usually eight to ten feet. Mr. Mercer stated the building line is not the location where the fence will have to be located by zoning requirements. Mr. Mercer stated when it is a rear yard setback for a double frontage lot the Unified Development Code will allow the fence to be placed fifteen feet from the property line. Board member John Deithloff stated he does not see a problem with a wrought iron fence and stated it would be a hardship if he had to move it to the building line. Chairman Victor Blood stated the only other consideration the Board has not discussed is the property to the west that has not been developed. Mr. Blood stated as Mr. Mercer pointed out in the pre-meeting if all property fronts face the same direction then they could run a fence through the rear yard by ordinance. Mr. Blood stated he can not envision developing the property west and not face the service road. ZONING BOARD OF ADJUSTMENTS FEBRUARY 17, 2000 PAGE 5 Board member Tony May stated he is concerned about the masonry fence versus wood. Chairman Victor Blood asked what recourse the City of Euless has requiring the company to maintain the wood fence. Kevin Mercer Development Services Manager, stated being a required screening fence he will have to maintain it at all times. Board member John Deithloff moved to recommend approval of Case # ZBA 99-07 as presented. Board member Eddie Price seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Member Eddie Price, John Deithloff, Tony May, Nays: Board Member Bill Williams The motion carried. ITEM III ZBA#99-10—TRICON GLOBAL RESTAURANTS— HALFORD SURVEY A-711, TRACTS 1B1, 1 L, AND PORTION OF TRACT 1L2 Public input regarding the request of Tricon Global Restaurants on behalf of the current owner Bill Byers, for a variance from the required minimum lot width of 130 feet to a proposed lot width of 108.44 feet and a deviation from the required minimum lot area of 22,500 square feet to a proposed lot area of 13,909 square feet as required in the Texas 10 Zoning District. Chairman Victor Blood opened the Public Hearing and asked Kevin Mercer, Development Services Manager, for the presentation. Kevin Mercer stated Tricon Global Restaurants is requesting a deviation from the minimum lot width of 130 feet to a lot proposed width of 108.39 feet and a deviation from the required minimum lot area of 22,500 square feet to a proposed lot area of 15,909 square feet. Chairman Victor Blood asked the applicant to come forward and give his presentation. Justin Ashby, Tricon Global Restaurants, 14841 Dallas Parkway, Dallas, Texas, stated Tricon Global Restaurants owns Kentucky Fried Chicken which recently was built adjacent to the Tract in question. Mr. Ashby stated on behalf of Bill Byers and the ZONING BOARD OF ADJUSTMENTS FEBRUARY 17, 2000 PAGE 6 Byers family trust part of the agreement was to apply for replatting of the remaining property. Mr. Ashby stated the property that existed consisted of multiple individual Tracts. Mr. Ashby stated the property that remains is the remaining of Tracts 1L2, 1L and a portion of 1B1. Mr. Ashby stated when you place all this together it does not meet the development requirements that Mr. Mercer indicated that fails overall area and minimum property width. Mr. Ashby stated however, it is our feeling in this case because of the overall current land use of the area being basically quick service restaurant that this size lot would still be developable in the future for a similar type use. Mr. Ashby stated currently Mr. Byers has the northern portion leased to Long John Silvers as well as 1B1 which is currently used as a rear entrance to the property. Mr. Ashby stated with that we will feel it would give the Byers family trust a hardship if the variance was not approved because it would not enable future development and he would not have a legally platted lot to convey to future developments. Mr. Ashby stated for clarification the figures that are in the agenda were earlier submitted figures. Mr. Mercer stated in the agenda it was listed as the 80 feet width and the 12,000 square feet area. Mr. Mercer stated in the official case it is correct. Chairman Victor Blood asked if there was anyone in the audience who would like to speak in favor or in opposition of the case. Seeing none, he closed the Public Hearing and opened the case for discussion among the Board. Board member John Deithloff questioned the plans in review. Chairman Victor Blood stated Lot 7 is the proposed platted lot and those are the deeded properties. Mr. Mercer stated we can not fulfill the plat until we resolve the other requirement. Mr. Mercer stated they are ready to complete the plat after we address this variance. Board member Bill Williams moved to recommend approval of Case #ZBA 99-10 granting a variance both from the minimum required lot width as well as granting a deviation from the required minimum lot area. Board member Tony May seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Member Bill Williams, Eddie Price, John Deithloff, Tony May, Nays: None ZONING BOARD OF ADJUSTMENTS FEBRUARY 17, 2000 PAGE 7 The motion carried. ITEM IV ZBA #99-11 — MRS. VERNADENE HOLLAND — 1101 MEADOWVIEW DRIVE, MEADOWVIEW ADDITION, BLOCK 3, LOT 14 Public input regarding the request by Ronald Young, Assistant Public Works Director & City Engineer in behalf of Mrs. Vernadene Holland, for a front building setback variance to extend the garage 4 feet over the front building line. Chairman Victor Blood opened the Public Hearing and asked Kevin Mercer, Development Services Manager, for the presentation. Mr. Mercer stated there is a request to extend the garage 4 feet beyond the front building line. Mr. Mercer stated this request is brought on by the expansion of Harwood right of way which is a project being done by the City of Euless. •• • Ron Young, Assistant Director of Public Works/City Engineer stated Public Works is acting in behalf of Mrs. Holland on the case. Mr. Young stated we are requiring additional right of way along Harwood Road for the City's anticipated expansion. Mr. Young stated it is an unusual case with the following: 1) being that we are coming before the Board before the variance is needed and not after the fact. 2) coming before the Board on behalf of a property owner which is City initiated. Mr. Young stated in negotiating the right of way with Mrs. Holland we did note that there are several things that are affecting the City's road as well as Mrs. Holland's property. Mr. Young stated there is a Unified Development Code requirement that no residential properties have driveway access to a major thoroughfare. Mr. Young stated this being a six lane divided thoroughfare does qualify for that. Mr. Young stated the City did not want to leave Mrs. Holland with out any access to her property. Mr. Young stated the City has worked with Mrs. Holland to determine that it is possible to remodel her garage to allow access to the east rather than from Harwood Road. Mr. Young stated we wanted to wait until we get the Board's decision on the variance before we concluded our right of way acquisition. Mr. Young stated it is a safety issue for the City we do not want people backing in and out of that thoroughfare. Mr. Young stated there are three other residences that are in the similar situation although their garages are situated such that we do not need a variance to accommodate the driveway locations. Mr. Young stated this is not a self imposed hardship that. It is something that was created by the City of Euless. Mr. Young stated it is not financially related to Mrs. Holland so we come before the Board tonight requesting that you grant the variance which will not affect the adjoining adjacent property owners. ZONING BOARD OF ADJUSTEMENTS FEBRUARY 17, 2000 PAGE 8 Chairman Victor Blood asked if there was anyone in the audience who would like to speak in favor or in opposition of the case. Seeing none, he closed the Public Hearing and opened the case for discussion among the Board. Board Member Tony May asked Mr. Young if he has looked at the existing profile of the driveway. Mr. Young stated yes and this will be a better grade for Mrs. Holland to get in and out of her driveway. Mr. Young stated it would be a much steeper grade since we are moving the pavement closer to the house. Mr. Young stated it is a safety issue. Board Member Bill Williams asked if the City has received any response from the notice mailing to the adjacent property owner's. Mr. Young stated no. Board Member John Deithloff stated on the drawing it notes temporary asphalt driveway. Mr. Deithloff asked why not a permanent one. Mr. Young stated we are going to install the temporary driveway during construction. Mr. Young stated as part of the driveway negotiations we are going to escrow a certain sum of money for Mrs. Holland to accomplish the work herself so the City is not responsible for things Mrs. Holland is not satisfied with. Board member John Deithloff moved to recommend approval of Case # ZBA 99-11 as presented. Board member Eddie Price seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Member Bill Williams, Eddie Price, John Deithloff, Tony May, Nays: None The motion carried. Adjournment: There being no further business the meeting was adjourned at 7:25 p.m. y - - Zdo c i Chairman Victor Blood Date