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HomeMy WebLinkAbout2001-10-25 ZONING BOARD OF ADJUSTMENTS October 25, 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 Eddie Price Thomas Stover, Alt. Mike Collins, Director of Planning and Development Ron Young, Asst. Dir. of Public Works Kurt Kasson, Building Official Karla Dickerson, Administrative Secretary VISITORS: Vicki Harbeson — David Head Michelle Head Ann White Paula Friess Susan Gorman Linda Marcus Phyllis Ransom Delana Bell THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Eddie Price. APPROVAL OF MINUTES John Deithloff motioned to table the minutes of May 24, 2001, due to a lack of a quorum from that meeting. Tony May seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman May, and Board Members Price and Deithloff and Stover. Nays: None Abstention: None The motion carried. Zoning Board of Adjustments Minutes Page 2 October 25, 2001 John Deithloff motioned to approve the minutes of July 26, 2001, as presented. Eddie Price seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman May, and Board Members Price, Deithloff and Stover. Nays: None Abstention: None Chairman Blood gave rules governing a public hearing. REGULAR AGENDA ITEM 1 CASE #01-06-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A VARIANCE TO BUILDING SET BACK Receive public input regarding a request for a Variance to Building Set Back. The applicant is requesting the variance in order to construct a. This property is located on Tall Timbers Garden Homes Addition, Block 1, Lot 32R, on 518 E. Ash Ln. Mr. Mike Collins, Director of Planning and Development gave a brief overview of this request. He stated the owner is requesting a variance for the building line to encroach within the required 25' minimum side yard set back at a property located at 518 E. Ash Ln. The applicant, Meridian Homes, Robby Rahmani, has provided information in a letter dated October 19, 2001, that defines the unnecessary hardship as defined in Section C2 of the ordinance that establishes the authority of the Zoning Board of Adjustment to grant such a variance. And, explaining the purpose of the variance would be to save as many existing trees on the property and to maintain the uniform neighborhood look that has been established with other similar structures that have been constructed throughout this subdivision. Chairman Blood asked for an applicant or representative to come forward. Chairman Blood opened the public hearing. Mr. Robby Rahmani, 1502 Alberi Dr., Euless, Tx, stated that he was requesting a variance of the building line seven feet (7') towards the east. His two objectives is to maintain the ten feet plus of building distance between the homes and save as many of the trees that are surrounding the lot as possible. Chairman Blood asked if there were any proponents to this case. See none Chairman Blood asked if there were any opponents to this case and to come forward. Zoning Board of Adjustments Minutes Page 3 October 25, 2001 — Vicki Harbeson, 508 E. Ash Ln., Euless, TX, stated that she has lived there for three years and stated that on the lot in question, they have already cut down 10-15 trees with one of which has had the roots left exposed and will probably not live. Safety is a major issue due to not being able to see the oncoming traffic when exiting off of Tall Timbers. Since there is not enough traffic control there have been numerous accidents on the corner of Fuller Wiser and Ash and the residents are afraid the cars will be going into a brick house instead of just a fence the next time. She also expressed concerns with the problems of the construction trucks going up and down the alley behind the houses. Mr. Harbeson also stated that there has been a problem with the flooding and standing water because of the lots never being graded properly. William David Head, 516 E. Ash Ln., Euless, Tx, stated he was concerned with the safety. He also stated the concerns of this lot being three feet higher than his home and where the water will be going when it rains. They have also cut down many of the trees that were on the lot. Mr. Head stated that the lot is also too small to build a home. Delana Bell, 505 E. Ash Ln., Euless, TX, stated she has lived here for 12 years and strongly support the safety issue because of seeing the wrecks that have occurred at the corner of Fuller Wiser and Ash Ln. There is a concern of the line of sight being blocked. Ann White, 512 E. Ash Ln., Euless, TX, stated she is concerned with the safety as well, and also the trucks going through the alley will cause more damage to the alley street that has been said will be fixed and never has. The trucks are causing holes and debris. Chairman Blood asked if the applicant would like to speak in rebuttal. Mr. Robby Rahmani stated that it was his understanding that the reason for the meeting was to request a variance and has nothing to do with the street or whether or not this house will be built. Mr. Rahmani stated that the home will be built, but the question of where the home will be built is another issue. He requested a seven foot (7') variance so he has more than a five foot (5') difference from the neighbors patio. It will be aesthetically more pleasing to the community. The trees that were taken out were where the house would be built. The seven foot (7') variance will allow more than ten feet from the adjacent house, but if the variance is not granted then there would only be five feet from the adjacent patio. There should not be a drainage problem. Mr. Rahmani stated he is planning on building a garden wall and the way the land will be graded the water will be directed to the back of the lot. Mr. Henry Rahmani, 1502 Alberi Dr., Euless, TX, stated that he owns the property. There was a restriction on the lot for many years so they could not build. Since the adjacent home has been sold and the buyer did not purchase the lot, Mr. Rahmani purchased the lot in order to build. He purchased the lot because he wanted to do something nice on the lot. They are trying to give the neighbor more room between homes and they will also — try to save as many trees as they possibly can. They will also be improving the drainage problem that currently exists for the neighbor. Chairman Blood closed the public hearing due to no additional opponents wishing to Zoning Board of Adjustments Minutes Page 4 October 25, 2001 speak on this case. Eddie Price asked Mr. Rahmani what the square footage of the existing homes were. Mr. Rahmani stated the existing homes range from 1400 square feet to 1700 square feet. There is no restriction on the square footage. Chairman Blood asked Kurt Kasson, Building Official, if the new structure was five feet away could he have windows on the west side. Mr. Kasson stated that they can have windows if the structure is five feet away, anything less than five feet there can be no windows or doors. Thomas Stover asked if there was a fence on the property line. Kurt Kasson stated there was no fence on the lot because the owner of the house adjacent to the lot owned the lot also. Chairman Blood asked if the alley behind the homes is a private street and who maintains it. Mr. Mike Collins stated that the street was platted as part of the Forest Point Addition and it stated there would be a Homeowners Association established and would be responsible for the alley, but the city does not have any record of a Homeowners Association being created. Tony May commented the Board has to look at the hardship of this property and he could not justify the hardship because of trees or aesthetics. He does see that drainage may possibly be a problem and it seems if the applicant moves the home over it will improve the drainage. This is what seems to be the hardship. John Deithloff made the motion to approve Case 01-06-ZBA as presented. Tony May seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman May, and Board Members Price, Deithloff and Stover Nays: None Abstention: None The motion carried. Adjournment: There being no further business the meeting was adjourned at 7:18 p.m. — L- 1°A . r //• g.• poi airman Victor Blood Date