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HomeMy WebLinkAbout2001-01-25 ZONING BOARD OF ADJUSTMENTS January 25, 2001 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Victor Blood at 7:00 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 Deithioff Tony May Eddie Price Bill Williams Eric Wilhite, Planning&Development Manager Ron Young, Assistant Director of Public Works/City Engineer Bob McFarland, City Attorney Perry Bynum, Alternate Board Member Mark Hayslip, Assistant Building Official Lesley Mason, Secretary Donna Brown, Administrative Secretary Richard Ross, Code Services Supervisor Jim Moy, Senior Code Services Inspector Michael Logan, Fire Marshall VISITORS: Steve Overton Mr. &Mrs. Scone Hole Nazmu Hussain Robert Parr Alma Peterson Leo Peterson Charlie Millo Bob West William Meier THE PLEDGE OF ALLEGIANCE AND INVOCATION: Chairman Victor Blood gave The Pledge of Allegiance and Invocation. APPROVAL OF MINUTES Chairman Victor Blood called for a motion to approve the minutes of November 16, 2000, as presented. Ron Young pointed out that there were amendments/corrections to the minutes that had been passed out that needed to be included. Board Member Bill Williams moved to recommend approval of the minutes. Board Member John Deithtoff seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members Price, May, Deithloff, Williams Nays: None Abstention: None The motion carried. Zoning Board of Adjustment Page 2 January 25,2001 REGULAR AGENDA Chairman Blood asked that the Abatement case (#00-11-ZBA) which was Item #2 be heard first in order to table the case as requested by the property owner. This request was made so that the people involved could leave. ITEM 1 CASE #00-11-ZBA - HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR AN AMORTIZATION Receive public input regarding a request to establish a date certain to terminate a non-conforming use. The applicant, City of Euless, is requesting ZBA action to facilitate the discontinuance of a nonconforming use. This property is located on Oak Crest Addition, Block 1, Lots 1R and 2R, Block 2, Lot 1R, on 203, 204 and 205 Dickey Drive. Bill Williams made a motion to after the agenda to move Item#2 to be first. Tony May seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members Price, May, Deithlcff, Williams Nays: None Abstention: None The motion carried. ITEM 2 CASE -10-ZBA - HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE FOR A CARPORT Receive public input regarding a request for a Zoning Variance for a carport. The applicant is requesting the variance in order to allow a carport that is already in existance. This property is located on Northgate Addition, Block 2, Lot 14, on 2926 Hilltop Drive. Mark Hayslip explained that the property presented some unique characteristics based on lot size. The property currently is a planned development zoning which would allow for single family attached units with no garages. The PD allows carports to be erected in the rear yard. The difficulty with this case is that they do not maintain the proper rear and side set-backs and they are located in a utility easement in the side yard. Based on the height of the accessory building they have erected they would be required to be much further away from the property line, and probably would not be able to be on this property and meet correct set-back requirements. City staff is not in favor of this variance as it is. Chairman Blood opened the public hearing and invited the applicant to make her statement. Alma Peterson stated that she bought this property 2 years ago and they built on the pad that existed. Her son, Leo Peterson (who was also present) built this carport for her 60th birthday. She stated the reason that she wanted this carport was so that there would no further hail damage to her car. The reason the building was so .._ close to the property line Is because she only has 17 inches between property lines. They only have 9 feet down the side of the yard going toward the back, and to build the carport anywhere else would take up almost all of her back yard. She stated that she was willing to do whatever ZBA needed her to do. Zoning Board of Adjustment Page 3 January 25,2001 Chairman Blood closed the Public Hearing. Bill Williams asked Mark Hayslip to verify if the City was in favor of the building and Mark Hayslip explained that the City was not in favor of the carport as it existed, unless with a lower height. The applicant has received encroachment letters from TU Electric and TU Gas to be in the easement. Victor Blood clarified that the letters granted permission. Mark Hayslip stated that additional requirements were needed concerning the location of the carport As currently located, a 100% masonry wall would be needed with no opening with 5/8* sheetrock on the inside wall. Victor Blood mentioned that he had driven the neighborhood and counted 13 other homes that had carports visible in the side & rear yards, and that makes this carport not unusual nor a dramatic variance from the other carports. The only major difference is the height of 13 feet. Victor Blood asked Mark Hayslip if he would be willing to work with the property owner to crone up with a solution, and Mark Hayslip responded affirmatively. Bill Williams asked Mark Hayslip if there were any reasonable alternatives to provide a solution to this problem, and Mark Hayslip responded that the City is willing to work with the applicant to meet the guidelines required by the City. Eric Wilhite suggested that the height be lowered to meet the set-back requirements. Mark Hayslip responded that an 8 foot height would meet the set-back requirements, but would still require a fire-rated wall if an encroachment existed into the easement Tony May asked what variance the petitioners were asking for, and Mark Hayslip responded that they were asking for a variance on the side/rear set-back. Bill Williams voiced that a precedent would be set if this variance were approved. Mark Hayslip responded that due to the pre-existing carports, a precedent had already been set. Bill Williams felt that the degree of variations on this carport merited denying the variance request and motioned that the requested variance (#00-10-ZBA)be denied. Vice Chairman Deithioff seconded the motion. The vote was as follows: Ayes: Chairman Victor Blood, Board Members, Williams, Price, May, Deithloff Nays: None The motion carried. ITEM 3 CASE 000-12-ZBA - HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING BOARD OF ADJUSTMENTS Receive public input regarding a request for a Zoning Board of Adjustments. The applicant is requesting the variance in order to construct a front porch. This property is located on Oakwood Terrace East Addition, Block 2, Lot 15, on 208 W. Huitt Lane. Mark Hayslip explained that this front porch was begun without a permit, but the applicant came to apply for a permit when the construction was noted, but the permit was denied based on the fact that the new construction is encroaching the 25 foot -- building setback line. Staff offered additional suggestions to the applicant that would alleviate the need for a variance. The applicant those to seek the variance. Staff is not in favor of this variance. Chairman Victor Blood called the applicants to present their case. Mrs. Meta Hole explained that she& her husband had called in to ask if a permit was needed to pour a Zoning Board of Adjustment Page 4 January 25,2001 concrete foundation for a porch, and she was told no permit was needed for that. They began construction and then received a red tag and at that point realized they were in violation. Mrs. Hola assured the Board that they meant no improprieties. They applied for a building permit and were denied. They then decided to apply for a variance. Chairman Blood asked if anyone else wished to speak, and Mr. Robert Parr stepped forward to address the Board. Mr. Parr lives at 211 W. Huitt (across from the applicants and to the west). He stated that he felt the new porch made the house look nice and fended improvement to the neighborhood and added to the property values. Chairman Blood closed the public hearing. Vice Chairman Deithloff stated that he had seen the porch and felt it was in keeping with the neighborhood and was an improvement. Tony May also stated that he had visited the neighborhood, also approved of the porch. He stated that the 25 foot set- back was established to present a nice, wide thoroughfare, and in this case did not necessarily apply since the porch was open and not out of character with that ORD. Victor Blood stated that he did not feel that granting a variance would create an exception to the other houses on the block. Bill Williams inquired if the owner could move the supporting posts of the porch back 2 feet to come into compliance. Victor Blood inquired from the applicant whether the porch would be structural sound if the posts were moved back 2 feet and found that moving the posts could undermine the structural integrity of the porch. Tony May made the motion that the variance for case#00-12-ZBA be approved. Eddie Price seconded the motion. The vote is as follows: Ayes: Chairman Victor Blood, Board Members, Williams, Price, May, Deithloff Nays: None The motion carried. ITEM 4 CASE #00-13-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A PARKING VARIANCE. Receive public input regarding a request for a Parking Variance. The applicant is requesting the variance to the required number of parking spaces. This property is located on Bavarian Village Addition, Lot D, on 201 S. Industrial Blvd. Mark Hayslip explained that this case is for the Office Depot, and through the development review process has found that site constrictions would keep them from supplying the UDC's required parking space in a usable manner. They would have to locate some of the spaces in the rear or in undesirable areas. Staff feels that there would little chance that Office Depot customers would park in undesirable areas. Staff does not feel they will be setting any negative precedents and the Office Depot will be very beneficial to the local economy. Staff supports this variance request. -- Ron Young queried Eric about the fact that the site plan was approved subject to Office Depot obtaining this variance. Eric clarified that Office Depot went through DRC with the required parking spaces and at that time showed their proposal for needed changes in order to save a 100 year old tree. The site plan was approved contingent upon approval of variance#00-13-2BA. Zoning Board of Adjustment Page 5 January 25,2001 Mr. Nazmu Hussain, the Engineer, was asked for his presentation on behalf of Office Depot. Victor Blood asked to see the site plan which was then walked over to the Board so that all could see the proposed parking. John Deithloff made the motion to approve variance #00-13-ZBA and Eddie Price seconded the motion. The vote is as follows: Ayes: Chairman Victor Blood, Board Members, Williams, Price, May, Deithlaff Nays: None The motion carried. Victor Blood pointed out that they needed to elect officers and all agreed to have a private paper ballot. Bill Williams was selected Chairman and Victor Blood was selected as Vice Chairman. Adjournment There being no further business the meeting was adjourned at 8:25 p.m. l/�� lf — - 2Ydl irman Victor Blood Date