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HomeMy WebLinkAbout2000-07-27 '—" ZONING BOARD OF ADJUSTMENTS JULY 27, 2000 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Victor Blood at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Victor Blood John Deithloff Bill Williams Tony May Eddie Price Alex Wong Bo Bass, Director of Planning and Development Ron Young, Assistant Director of Public Works/ City Engineer Paul Wieneskie, City Attorney Donna Brown, Administrative Secretary VISITORS: Eddie and Janna Langford Idbal Lakhani Bob Switalski, RCS Homes Jack Stevenson Bill Jasper Karan Jasper Robert Exline THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Board Member Eddie Price. APPROVAL OF MINUTES Chairman Victor Blood called for a motion to approve the minutes of May 25, 2000, as presented. Board Member Eddie Price moved to recommend approval of the minutes. Board Member Tony May seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members, Williams, Price, May Nays: None Abstention: Board Member John Deithloff The motion carried. Zoning Board of Adjustment Page 2 July 27, 2000 REGULAR AGENDA ITEM 1 CASE #00-03-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE - OAKWOOD TERRACE, BLOCK 3, LOT 1 -400 VINE STREET. Receive public input regarding a request for a Zoning Variance. The applicant is requesting the variance in order to build an accessory building. This property is located on Oakwood Terrace, BLock 3, Lot 1, 400 Vine Street. Chairman Blood opened the Public Hearing. Mr. Bo Bass, Director of Planning and Development, gave a brief overview of this request. He stated the applicant was requesting a storage building/workshop to be closer than 80 feet to the front property line on Vine Street. He stated that the code is vague by saying located behind the structure and the City Attorney agrees that it is vague, therefore the code is in need of being revised by being more specific. Mr. Eddie Langford, 400 Vine Street, stated he bought the house in 1977. He stated the building was for his woodwork. Mrs. Janna Collins Langford, stated she would like to have this building for his woodwork so that she can keep her car in the garage. Ms. Langford stated the building could not go behind the house because of power lines and tree branches. Mr. Buddy Johnson, 313 Vine Street, stated he was in favor of this variance request. Mr. Jeff Mann, 407 Vine Street, stated he has known the Langford's for three years and would like to see the variance approved. Chairman Blood closed the Public Hearing. Board Member May asked the distance of the easement. Mr. Langford stated it was 5 feet. Board Member Williams asked how this was different than the last time it came before the Board on May 25, 2000. Ms. Langford stated the building was reduced to 16 x 20, originally 28 x 20. Mr. Williams asked if it would be behind the rear visibility line. Mr. Langford stated it would be approximately 1 foot over that building line. Mr. Williams asked for clarification of the 2-car garage. Mr. Langford stated the 2-car garage had been converted to a room and when he bought Ms. Langford a new car he converted half of it back into a garage and the other half for a laundry room. Chairman Blood stated the neighborhood has numerous garage conversions and the applicant has made an effort to be in conformance with the code. Board Member Williams stated that he had some concern as far as the jurisdiction of the ZBA to hear this case because it was heard on May 25, 2000, and the reference to code can be interpreted more than one way. He stated there was a 6-month waiting period. Zoning Board of Adjustment Page 3 July 27, 2000 Chairman Blood stated that he believed the applicant would not have come back if the back yard could have been determined and wasn't it the Board's decision for them to consider modifying their submittal. Board Member Price made the motion to approve Case #00-03-ZBA, as presented. Board Member May seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members Deithloff, Williams, Price, May Nays: None The motion carried. ITEM 2 CASE #00-04-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE - HIDEAWAY ADDITION, BLOCK A, LOT 25, 508 HIDEAWAY COURT. Receive public input regarding a request for a zoning variance. The applicant is requesting the variance in order to construct a fence beyond the 20-foot front building line. This property is located on Hideaway Addition, Block A, Lot 25 - 508 Hideaway Court. Chairman Blood opened the Public Hearing. Mr. Bo Bass, Director of Planning and Development, gave a brief overview of this case. '—" He stated the applicant was heard at the last meeting and a change was submitted and is a stand-alone submission as far as staff is concerned. He stated there was a measure of negotiation between the ZBA, builder, citizens present, and the staff. He stated it appears that the spirit of the code is trying to be addressed. There is a recommendation by the owner and builder to move the fence back to the corner of the house and straight across to the property line on the north side. He stated the staff recommended approval. Mr. Robert Switalski, 6644 Castle Pine, Plano, owner of RCS Homes, stated it was his company that built this house. He stated that he took the responsibility and said it was his mistake for putting the fence on the property line in the radius of the street. He stated he did not have a problem with moving the fence, but in order to give the homeowner more of a backyard he would like to place it from the north corner of the house and straight across to the north property line. He informed the ZBA that the homeowner was present for this meeting as he was not at the last meeting. He stated that if the variance were approved he would plant photenias in front of the fence to appear more attractive from the entrance to the subdivision. He stated the photenias would be a living screening verses a non-living screening, and if the variance is not approved he might even put up an 8-foot fence in place of 6 foot. He stated his choice is to move the fence as previously described and plant 5-gallon photenias. Mr. Lakhani, owner of 508 Hideaway Court, stated he was not able to be at the last meeting because he had to work. He stated that when they bought the house they did not have any idea that they would have a problem with the fence location. He stated he wanted to make his neighbors happy. He stated there was a Homeowners Association (HOA) meeting two days ago, and discussed that his yard would look like a long alley if it Zoning Board of Adjustment Page 4 July 27, 2000 were behind the building line. He asked the ZBA to help him by approving this variance. Ms. Karan Jasper, 502 Hideaway Court, stated there was a special meeting with the HOA and the board was pretty much in favor of approving this variance. She stated the photenias would help the appearance from the entrance tremendously. Chairman Blood closed the Public Hearing. Board Member Price stated this submittal is exactly what they had suggested at the last meeting. Board Member May agreed. Chairman Blood stated that the approval needs to reflect that a fence permit needs to be applied for and issued. Chairman Blood made the motion to approve Case #00-04-ZBA as submitted (being the N/W corner of house and straight across to the north property line) with the stipulation that 5 gallon red tip photenias be planted in front of the fence with 2 1/2 - 3 feet on center, and a fence permit be applied for prior to its installation. Board Member Deithloff seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members Deithloff, Williams, Price, May Nays: None The motion carried. ITEM 3 CASE #00-05-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A SCREENING WALL VARIANCE - OAK FOREST ADDITION, BLOCK 2, LOT 5R - HARWOOD AND N. MAIN STREET. Receive public input regarding a request for a screening wall variance. The applicant is requesting the variance in order to eliminate the construction of a screening wall around loading area. This property is located on Oak Forest Addition, Block 2, Lot 5R, Northwest of Harwood Road and N. Main Street. Chairman Blood opened the Public Hearing. Mr. Bo Bass, Director of Planning and Development, gave a brief overview of this case. He stated this site was located west of the Albertson's grocery store at Harwood Rd. and N. Main Street. He stated the City staff felt the loading area should be screened as per the standards of the ordinance itself. He stated the other facilities on the site are well screened from Fair Oaks Blvd. but not adequate screening from West Harwood Road. He stated that staff did not suggest that a screening device be placed immediately adjacent to the loading zone because it would hinder the detriment of the loading zone _ itself, and does not agree to what the applicant had submitted, which was a screened area running parallel to the Albertson's store. He stated staff would like to recommend approval with the condition that landscape be placed on the south side of the property line parallel to Harwood Rd. and this would be a visual block to the loading zone. Zoning Board of Adjustment Page 5 July 27, 2000 zone. _ Mr. Robert Exdine, Ensignia Real Estate Company in Dallas, stated he represented the Hutton Company and they were the developer for Dollar General. He stated Dollar General was willing to put up a 6-foot high landscape buffer, which would help distract the loading view. Chairman Blood stated that the screening wall that is being presented is not an area in his opinion that needed screening because of the Albertson's to the east of this location is screening enough in that location. He stated the screening ordinance is for public streets and has practically no public street visibility in that direction. He stated the dumpster screening to the north is screening most of the loading dock in that direction. He stated he understood the hesitancy to put screening on the south side because that is the front of the building. He asked Mr. Exline the hours of loading and unloading. Mr. Ex line stated deliveries would come in once a week. Chairman Blood expressed that there would be no deliveries to the consumer and Mr. Exline assured the ZBA no deliveries would be made directly to the consumer. Board Member May asked how close this retail facility was to Fair Oaks Blvd. There was a discussion among the ZBA that it was approximately 200 feet. Chairman Blood asked what size of trucks would be delivering. Mr. Exline stated they were basically the 53 foot trailers and the plans do prove it to be sufficient room to maneuver. Board Member Price stated he would be in favor to grant the variance because the area is viewed as being commercial and Albertson's does not have screening so why require this site to have screening. Mr. Bass stated the north side of Albertson's has screening. Board Member Williams stated he supported Board Member Price's comment and to treat the request in a similar fashion. Board Member Price stated he did not see the need to buffer the south side with landscaping because when the property to the south is developed the landscaping would not be needed. Mr. Bass stated the screening on the south side would buffer a portion of the loading area and take your eye away from seeing the loading area. Chairman Blood discussed with Mr. Bass the improvement of appearance along West Harwood Road. Board Member Price made the motion to approve Case #00-05-ZBA as presented. Board Member Deithloff seconded the motion. The vote was as follows: - Ayes: Chairman Victor Blood, Board Members Deithloff, Price, Williams Nays: May The motion carried. Zoning Board of Adjustment Page 6 July 27, 2000 ITEM 4 CASE #00-06-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A SIGN VARIANCE -OAK FOREST ADDITION, BLOCK ....... 2, LOT 5R - HARWOOD AND N. MAIN STREET Receive public input regarding a request for a Sign Variance. This property is located on Oak Forest Addition, Block 2, Lot 5R1, Northwest of Harwood Road and N. Main Street. Chairman Blood opened the Public Hearing. Mr. Bo Bass, Director of Planning and Zoning, gave a brief overview of this site and stated it was also a request from Dollar General to allow a pole sign to be located at the street frontage. He stated the property does not have street frontage and Dollar General knew that when they bought the property, therefore staff recommends denial. Mr. Bass stated that Dollar General might want to consider a general business directory sign. Mr. Bass stated Dollar General would have the option to have signage other than that on their building if they can convince somebody on site to create a partnership on a multi-tenant sign. He stated Dollar General could create a special signage program and present it to council for approval. Mr. Robert Exdine, Ensignia Real Estate Company in Dallas, stated Dollar General picked this site to be near the residential areas. He stated the pole sign would draw consumers attention as they pull into the Albertson's parking lot and the Dollar General sign would be noticed along with the Albertson's sign as drive by visibility. Chairman Blood closed the Public Hearing. Chairman Blood asked Mr. Exline if anyone had contacted Albertson's to see if a common sign would be a consideration. Mr. Exline stated he did not know. Chairman Blood stated the ordinance is written that there could be a common sign for a shopping area. Chairman Blood stated he had a problem with pole signs being located in the middle of developments like this one. He stated if this was allowed it would set precedence and that was not what ZBA wanted. Mr. Bass stated the negative comments regarding the sign was not that staff did not want Dollar General to be in the City of Euless. He stated the City values Dollar General in being a new business member. Mr. Exline stated they did not believe that and they did understand the City Codes and why they needed to be enforced. Chairman Blood asked where the building signs would be placed. Mr. Bass stated they could have a wall sign up to 20% on all sides of the building. Board Member May stated he was not in favor of recommendation because Dollar General was aware of this code when they purchased the land. Chairman Blood asked if they had purchased the tract. Mr. Exline stated the purchase was still under contract. Board Member Price asked Mr. Bass if they could put up their own pole sign on Albertson's property. Mr. Bass stated they could not, only one pole sign per owner. Zoning Board of Adjustment Page 7 July 27, 2000 Board Member Deithloff made the motion to deny Case #00-06-ZBA as presented. Board Member May seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members Deithloff, Price, Williams, May Nays: None The motion carried. ITEM 5 CASE #00-07-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR AN APPEAL -JOHN HAVIN SURVEY, A-685, TRACT 2 - 2800 HERITAGE AVE. Receive public input regarding a request for an appeal. The applicant is requesting the variance in order not to raze a fire damaged structure. This property is located on John Havin Survey, A-685, Tract 2, 2800 Heritage Ave. Chairman Blood opened the Public Hearing. Mr. Bo Bass, Director of Planning and Development, stated that the applicant requested that the ZBA table this case until August 24, 2000, due to a death in their family. Chairman Blood closed the Public Hearing. Board Member Deithloff made the motion to Table Case #00-07-ZBA until August 24, 2000. Board Member Price seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members Deithloff, Price, May, Williams Nays: None The motion carried Adjournment: There being no further business the meeting was adjourned at 8:25 p.m. 0 , 7 al, airman Victor Blood Date