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HomeMy WebLinkAbout2001-05-24 ZONING BOARD OF ADJUSTMENTS May 24, 2001 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Vice Chairman Victor Blood at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. Vice Chairman Victor Blood stated there were four members of the Zoning Board of Adjustments present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Vice Chairman Victor Blood John Deithloff Eddie Price Tony May Perry Bynum Eric Wilhite, Planning & Development Manager Ron Young, Assistant Director of Public Works Kurt Kasson, Building Official Cristy Reynolds, Administrative Secretary VISITORS: James Harris Janice Harris Barbara Polk Ernest Franke THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Tony May. APPROVAL OF MINUTES Eddie Price motioned to approve the minutes of March 22, 2001, as presented. Perry Bynum seconded the motion. The vote was as follows: Ayes: Vice Chairman Blood, Board Members May, Price and Bynum. Nays: None Abstention: None The motion carried. Vice Chairman Blood gave rules governing a public hearing. REGULAR AGENDA ITEM 1 ELECTION OF OFFICERS Zoning Board of Adjustments Minutes Page 2 May 24, 2001 The Board members conducted an election of officers, which confirmed Victor Blood as Chairman and Tony May as Vice Chairman. Victor Blood made the motion and Eddie Price seconded the motion. The vote was as follows: Ayes: Vice Chairman Blood, Board Members May, Price and Bynum Nays: None Abstention: None The motion carried. ITEM 2 CASE #01-01-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A CARPORT ZONING VARIANCE Receive public input regarding a request for a Carport Zoning Variance. The applicant is requesting the variance in order to construct a carport. This property is located on Green Hills Park Addition, Block 3, Lot 14R, on 1210 Crane Drive, Euless, TX 76039. Mr. Eric Wilhite, Planning and Development Manager gave a brief overview of this request. He stated the lot and subdivision has a 25' building setback line, which is the reason for the variance request, since the carport would be beyond that 25' building setback line. He stated staff has reviewed this case and recommends approval. Vice Chairman Blood asked for an applicant or representative to come forward. Vice Chairman Blood opened the public hearing. Mr. James Harris, 1210 Crane Drive, Euless, TX stated he is requesting a carport variance to protect his vehicles. He stated he owns a 1996 Ford truck and a 2000 Ford Taurus. He stated they would like to protect these vehicles with a carport. He stated the City of Euless is a great place to live and they have been residents here for 16 years. He stated this carport will increase their property value. He stated the Mayor of Euless has repeatedly said that we would like more trees to make Euless more liveable and a more friendly environment. He stated his engineer is present and would like for the board to listen to him. Mr. Ernest Franke distributed pictures of the property to the board members. Mr. Franke stated he is employed by the Environmental Protection Agency in Dallas, Texas and is a professional engineer in four states. He stated he is a registered land surveyor and did the survey of this property when Mr. Harris bought it. He stated he _. also approved Mr. Harris purchasing this property. He stated at the time this property was purchased it was a drug house and in poor condition. He stated Mr. Harris has made improvements to this property including new gutters and floors. He stated he has known Mr. Harris for 21 years. He stated Mr. Harris' residence has a big crack in the Zoning Board of Adjustments Minutes Page 3 May 24,2001 north wall of the expansion board. He stated Janice Harris has a nice apricot tree and a two foot oak tree where the driveway would need to be. He stated if the driveway is taken around the house both of these trees would not have to be removed. He stated a retaining wall would have to be built between the adjacent neighbors. He stated this is a hardship on the Harris'. He stated he has worked with 100 attorneys and they say there is no such thing as a hardship on land, only a hardship on people. He stated the hardship on the Harris' would be that Mr. Harris would be without his garden. He stated Mr. Harris would have to remove his brick walls that he has built around the back yard, and sacrifice his two trees and build approximately 2000' square foot of driveway. He stated this would be a total cost of around $20,000, which the applicant does not have. He stated he does not know if the building line was there when this house was built. He stated there has to be a certain level of reasonableness. He stated Mr. Harris would have to sacrifice his garden and comforts of home. He stated they are asking for the board's wisdom and fairness in this matter. He stated the City Attorney did not answer the question of what qualifies as a variance and what is a hardship on land. Vice Chairman Blood called for opponents to this case. Ms. Barbara Polk, 716 Cohen Lane, Euless stated she owns the property at 1303 Crane Drive. She stated she has enjoyed appreciation of property at this address and would like to continue to. She stated she also has client's interested in purchasing property in this area. She stated she has taken several appraisal classes and one of the main principals of appraisal is conformity. She read a definition for conformity indicating that a property should be likewise to the neighborhood. She stated one of the standards of conformity is the building line. She stated she believes there was a building line at the time this home was built. She also read the definition of building line. She put pictures of this neighborhood on the overhead showing a carport located across the street from this address. She stated it is incumbent on citizens to protect their property values and adding a carport or anything in front of the home will not add to the property value. She stated she is sorry it will cost more money for the applicant. She stated if you buy expensive cars then you have to revert your garage. Mr. Ernest Franke stated he is refuting what Ms. Polk is saying. He stated he has a signed letter from many citizens on Crane in agreement with Mr. Harris' carport request. He stated the carport will be pleasing and will support its value. He stated it wilt be more valuable on the front of the house than on the back of the house. Vice Chairman Blood closed the public hearing due to no additional proponents/opponents wishing to speak on this case. Tony May asked staff about any other specifics that are in code violation besides the building setback. Mr. Eric Wilhite stated no. Tony May asked why the carport at 1215 Crane has been allowed to stay at this location. Mr. Eric Wilhite stated staff does not know when this carport was put up and does not necessarily preclude other citizens in this neighborhood from being able to Zoning Board of Adjustments Minutes Page 4 May 24, 2001 put up a carport. Tony May asked how far the carport exceeds past the building line. Mr. Ernest Franke stated 15 feet. Tony May asked Mr. Franke's report stating placing the driveway beside the house might risk the existing structure. Mr. Franke stated yes, there is a 3° crack in the side of the house. The board discussed and debated among themselves if this situation is a hardship. Eddie Price stated the conditions necessary for the Zoning Board of Adjustments to grant a variance. He stated the board has interpreted these conditions in the past as the land itself and not the improvements to the property. The board agreed that they cannot grant a variance to one person, that they will not grant to everyone else. The board agreed it is a resident's decision to live in a house that has limited space and must convert the garage for living area. Eddie Price stated this situation is not unique, there are other residents in this same situation. Vice Chairman Blood stated the house across the street located at 1215 Crane is in major -- violation of the setback requirements and does not want to use this as a precedent to grant this variance to the Harris'. Tony May made the motion to deny Case #01-01 ZBA. Eddie Price seconded the motion. The vote was as follows: Ayes: Vice Chairman Blood, Board Members May, Price and Bynum. Nays: None Abstention: None The motion carried. Adjournment There being no further business the meeting was adjourned at 7:20 p.m. V Chairman Victor B Date