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HomeMy WebLinkAbout2004-08-26 — ZONING BOARD OF ADJUSTMENTS August 26, 2004 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 five members with two non-voting members of the Zoning Board of Adjustments present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Chairman Victor Blood Vice Chairman Thomas Stover Luther Dube Eddie Price Robert McMillon Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Karla Dickerson, Administrative Secretary VISITORS: John and Nancy Scott; Keith Wilson -- THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Robert McMillon. ITEM 1 APPROVAL OF MINUTES for called meeting of August 26, 2004 Board Member McMillon made a motion to approve the minutes for called meeting of August 26, 2004. Vice Chairman Stover seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman Stover, Board Members Dube, McMillon and Price Nays: None Abstention: None The motion carried (5-0-0). ITEM 2 CASE #04-05-ZBA – HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE Receive public input regarding a request for a ZONING VARIANCE. The applicant is requesting the variance in order to construct a single family residence that encroaches within the rear setback. This property is located on Fountain Park Addition Phase II, Block A, Lot 28, 217 Fountainview Dr. Zoning Board of Adjustment Minutes Page 2 August 26, 2004 Chairman Blood opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicants are technically the Legacy Homes which still owns the lot, however the prospective purchasers of that lot, Mr. and Mrs. John Scott, are before the Board to ask for a variance specifically to construct a single family residence that encroaches within the 15 foot yard rear setback requirements that are contained in the R-1 L Development Standards. The location of this lot is in Fountain Park Addition Phase II which is an R- 1 L subdivision for which the 15 foot rear yard setback requirement would apply. The legal description of the property is Block A, Lot 28, which will be addressed as 217 Fountainview Dr. There is open space or park land located to the north and to the east and south is vacant property which will never constructed. Chairman Blood asked the applicant or applicant's representative to come forward for comments. John Scott, 203 Shelmar, Euless, stated they are asking for variance because they feel the plan and location suits their family's needs. It requires a variance because of the irregular shape of the lot and does not seem it would have any adverse affect on neighbors since there is park property to the rear. Keith Wilson, Legacy Homes, stated they are in favor of building this home because there are not any other plans for this lot because of the shape of the lot. All the other stock plans would further encroach into the setback requirements. Chairman Blood asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Vice Chairman asked if this was a 3100 s.f. home. Keith Wilson stated this was a two story home and if they tried to build a one story they do not have a one story that would be shallow enough because they get deeper. The footprint of a one story is longer. Chairman Blood asked Mr. Wilson if they have built on other lots in this neighborhood. Mr. Wilson stated they have. Chairman Blood asked Mr. Wilson if this house was a typical house plan. Mr. Wilson stated it was typical to that area but it is the shallowest one they have to stay in the same square footage and price range comparable. John Scott stated there were some other irregular shape lots that were Sandlin properties which Sandlin Homes built a wider home on those lots as well. Chairman Blood stated when development goes before the Planning and Zoning — Commission with a design like this they are asked if they can build on this type of lot. If this were adjacent to another subdivision the board would be requiring the builder to stay within the setback requirements. Zoning Board of Adjustment Minutes Page 3 August 26, 2004 Board Member Price made a motion to approve Case #04-05-ZBA as presented. Vice Chairman Stover seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman Stover, Board Members Dube, McMillon and Price Nays: N one Abstention: The motion carried (5-0-0). Chairman Blood adjourned the meeting at 6:45 p.m. /ZZ 76f1 h /0 f- Chairman Victor Blood Date