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HomeMy WebLinkAbout2001-07-26 ZONING BOARD OF ADJUSTMENTS July 26, 2001 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. Chairman Victor Blood stated there were four members of the Zoning Board of Adjustments present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Chairman Victor Blood Perry Bynum Vice Chairman Tony May Luther Dube John Deithloff Thomas Stover Eddie Price Mike Collins, Director of Planning and Development Kurt Kasson, Building Official Karla Dickerson, Administrative Secretary VISITORS: Chad Birdsong Jack Birdsong Brent Birdsong Les Tietz Melissa Marler Don White Lou White THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by John Deithloff. APPROVAL OF MINUTES John Deithloff motioned to table the minutes of May 24, 2001, as presented. Tony May seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman May, and Board Members Price and Deithloff. Nays: None Abstention: None The motion carried. Chairman Blood gave rules governing a public hearing. Zoning Board of Adjustments Minutes Page 2 July 26, 2001 REGULAR AGENDA ITEM 1 CASE #01-04-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A VARIANCE TO CONSTRUCT A GARAGE ENCLOSURE. Receive public input regarding a request for a Zoning Board of Adjustments. The applicant is requesting the variance in order to construct a garage enclosure. This property is located on Park Crestmoor Addition, Lot 4, Block 6, on 106 S. Sheppard Drive, Euless, TX 76040. Mr. Mike Collins, Director of Planning and Development gave a brief overview of this request. He stated the owner is requesting a variance in order to construct a garage enclosure. The ordinance has a provision for off street parking if a garage is enclosed then the ordinance requires that any displaced off street parking be replaced. In granting the variance would be waiving the requirement to replace the off street parking in the Code. Chairman Blood asked for an applicant or representative to come forward. Chairman Blood opened the public hearing. Mr. Hisham Nod, 106 S. Sheppard, Euless, TX 76040, stated there are other houses on his street that have garage enclosures. He has enclosed the garage because his mother and father live with him and the house was not big enough for everyone. He had asked a neighbor about needing a permit because he is from another country and was not sure if this would be needed. He stated the neighbor said that a permit was not needed so he proceeded with the enclosure. Chairman Blood asked if there were any opponents to this case. Mr. Jack Birdsong, 104 S. Sheppard, Euless, TX stated he is a neighbor and wanted the garage enclosure stopped. The owners of 106 S. Sheppard were constructing this enclosure in the late evenings. He stated that he knew this residence received a red tag from Code Enforcement but Mr. Nod continued to construct the enclosure. Mr. Birdsong stated he felt this enclosure was being used as an office. There is a door going out to the driveway and a plate glass window. There have been several cars parked in the street in front of the residence for sale. Mr. Birdsong distributed pictures of the residence asking for the garage variance. Mr. Birdsong stated that everything once stored in thegarage has been put into the backyard. Also, there are several buildings that have been constructed in the backyard without a permit being issued. -- Mr. Hisham Nod stated there were no more than two cars for sale at his residence. There are four cars there due to four people living at the residence. He does have a car business in Ft. Worth. He also stated that there is a door from the kitchen to the garage and the reason he built a door outside to the driveway was for emergency Zoning Board of Adjustments Minutes Page 3 July 26, 2001 purposes. He stated that he has had a permit to construct the buildings in his backyard. Chairman Blood asked Mr. Nori if he had a car sales business in Ft. Worth. Mr. Nori stated he has an auction business. Chairman Blood advised Mr. Nori the City zoning does allow home occupancies but does not allow running a car sales at home. Mr. Nori advised he was not running a car sales business out of his home. Chairman Blood closed the public hearing due to no additional proponents/opponents wishing to speak on this case. Tony May asked staff if the work on the residence was already completed or was it in progress when it was tagged red. Kurt Kasson, Building Official, advised the work was in progress. Mr. Nori advised the work was completed when it was red tagged. Chairman Blood discussed when looking at a variance the ordinance is one subject matter and the other being the existing neighbor, what has been done previously in the neighborhood and how much you would be deviating from what has been done there. There are presently seven homes with enclosures and seven without enclosures. This would not be a great deviation from the norm in this neighborhood. This addition has increased the square footage of the home and if this is approved Mr. Nori would be required to obtain a permit and make the tax appraisal district aware of the increase to the home. If this variance is approved, since no permit was issued, there are specific inspections that are required during construction and would recommend electrical, air conditioning and anything else required be inspected. John Deithloff asked if a certificate of occupancy would be required. Mr. Collins advised that it would not. It would only require a complete inspection. John Deithloff asked if it would require a fire inspection. Kurt Kasson advised the only inspection required would be by Code Enforcement. Tony May stated that the Zoning Board of Adjustments is forced to only look at the garage enclosure and can not make a ruling on the backyard or social conditions. Tony May made the motion to approve Case 01-04-ZBA with the stipulation that all required permits and inspections required by the Unified Development Code and Building Code be met. John Deithloff seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman May, and Board Members Price and Deithloff Nays: None Abstention: None The motion carried. ITEM 2 CASE #01-05-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A FENCE VARIANCE Zoning Board of Adjustments Minutes Page 4 July 26, 2001 Receive public input regarding a request for a Fence Variance. The applicant is requesting the variance in order to construct fencing outside building setback line. This property is located on Joseph E. Field Survey, Abstract 540, Tract 1 A6A1, on 505 W. Glade Road, Euless, Texas 76039. Mr. Mike Collins, Director of Planning and Development gave a brief overview of this request. He stated the applicant is requesting a fence variance in order to construct fencing outside the building setback line. This would be an 8' fence across the residential acreage and a 6' fence across property currently being used for agricultural purposes. The Code only allows a 3' fence to be constructed. Chairman Blood asked for an applicant or representative to come forward. Chairman Blood opened the public hearing. Mr. Les Tietz, 505 W. Glade Road, Euless, Texas 76039 stated he is requesting this variance to allow for construction of the fence. This is a 2.3 acre tract of land. The residence was originally built in 1958 and it has been used predominately for agricultural uses most of that time and is currently being used for agricultural purposes. The nearest neighbors are 200-300 feet away. This would be more of an improvement to the current aesthetics and physical appearance of the property. There is also some topography concerns that have general bearing as to how this should be looked at. The home is approximately 100' from the road and has discussed with the staff the potential widening of Glade Road. Also, he will be trying to align the fence 1'-2' behind what would be the future right-of-way. Mr. Tietz distributed pictures of the property for the Board to see the view from the home. There is an existing 4' chain link fence in front of the residence that was constructed in 1958. There is barbed wire fence along the agricultural portion which is about 5' tall. The problem with the topography is the bottom of the cars wheels are approximately at the top of the 4' fence which is why he is asking for an 8' fence along the residence. The foundations of the new homes being constructed on the Grapevine side of the property are roughly level with the eave of his house. Consideration for emergency access has been discussed and the gate would not be locked for this purpose also. Chairman Blood asked how Mr. Tietz determined the future right-of-way. Mr. Tietz stated he has not and that he is waiting for the staff to determine this. Chairman Blood voiced his concern that after the fence is built and the right-of-way is larger than proposed, the City will end up paying to have the fence moved. Mike Collins stated that when he spoke to Mr. Tietz he stated the fence would only be erected until Glade Road was improved. Mr. Tietz stated the County was asking for the fence only to be erected until Glade Road was improved but he did not want that short of time table. The current fence is approximately 10'-15' behind the other properties. Mike Collins stated the Commissions concern is that a final alignment for the road has not been established. So, if the Engineering Department recommends where the fence should go, the road alignment could change. The Commission asked Mr. Teitz if he Zoning Board of Adjustments Minutes Page 5 July 26, 2001 would expect the City to pay for the relocation of the fence. Mr. Tietz said that he would pay for the relocation if the City had to acquire the right-of-way. Chairman Blood asked Mr. Tietz why he was building the fence now instead of waiting until the property was developed. Mr. Tietz stated it was for the livability concerns and the traffic. Chairman Blood asked Mr. Tietz the time frame for which he was planning on selling this property. Mr. Tietz stated he is trying to put the two tracts of property together to come up with a more feasible development. Chairman Blood asked if Mr. Tietz was proposing a wood fence and if so, would this fence be grandfathered if the property is later developed and a masonry fence is required. Mr. Tietz advised he was proposing a wood fence and Mike Collins advised the property is currently not platted and at the time of development all requirements would have to be fulfilled. Chairman Blood called for opponents to this case. Chairman Blood closed the public hearing. Chairman Blood advised he was concerned with the visibility not knowing where the setback is at this time. Tony May stated that he was in support of Mr. Tietz saying that he would move the proposed fence to where the existing fence is now. Chairman Blood stated that it would not matter where the fence is going to be put now because when the road is widened the fence will have to be moved anyway. Chairman Blood stated the main variance is for the height of the fence and not where the fence is going to be located. He advised there was not a problem with the location of the fence as long as Engineering did not see any problems and when the road is widened and the property has not been developed they will need to satisfy the City with regard to the site visibility at that time. Chairman Blood made a motion to approve case #01-05-ZBA variance for the height of the fence contingent that the location of the fence satisfies the City Engineer. John Deithloff seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman May, Board Members Price and Deithloff. Nays: None Abstention: None The motion carried. Adjournment: Zoning Board of Adjustments Minutes Page 6 July 26, 2001 There being no further business the meeting was adjourned at 7:30 p.m. yir V1Y- 1 Chairman Victor Blood Date