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HomeMy WebLinkAbout2004-12-16 ZONING BOARD OF ADJUSTMENTS December 16, 2004 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Victor Blood at 6:40 p.m. for consideration of scheduled items in the Council Chambers in City Hall. Chairman Victor Blood stated there was a quorum of four m embers of the Zoning Board of Adjustments present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Chairman Victor Blood Eddie Price Vice Chairman Thomas Stover Luther Dube Robert McMillon Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Kurt Kasson, Building Official Karla Allen, Administrative Secretary VISITORS: Richard Ross, Inspection Supervisor; Chris Barker, Manager of Public Works; Mary Hoel THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Luther Dube. ITEM 1 APPROVAL OF MINUTES for called meeting of November 18, 2004 Board Member Dube made a motion to approve minutes for called meeting of November 18, 2004. Vice Chairman Stover seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman Stover, Board Members Dube and McMillon Nays: N one Abstention: None The motion carried (4-0-0). ITEM 2 CASE #04-08-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 Temporary Zoning Board of Adjustment Minutes Page 2 December 16, 2004 .._ Zoning Variance. This property is located on John H. Havins Survey, A-685, Tract 2, 2800 Heritage Dr. Chairman Blood opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief overview of the case. The applicant, Mr. Don Harrington, is requesting variances that would allow a manufactured home by the Housing and Urban Development code classification to be used for non-residential uses in the TX-121 Gateway zoning district. This property is located on the J.H. Havins Survey, A-685, Tract 2, in the vicinity of 2800 Heritage Dr. located on the east side of Heritage Rd., south of Glade Rd. and to the west of S.H. 121. The city staff is recommending denial of this request. A manufactured home as classified by HUD is only permitted in Mobile Home District zoned property within the City of Euless. Chairman Blood asked for the applicant or applicant representative to come forward for comments. Walt Leonard, representative for Mr. Harrington, 1 Summit Ave., Ft. Worth, stated they were asking the board to grant a variance in regards to this property on a temporary basis allowing it to be kept as it is for a variety of reasons. They are proposing a specific time period of 6 months be set as to when the structure must be removed. The — property will either be sold by this time or the building will be gone. Vice Chairman Stover asked what the Harrington's hoped to accomplish in the next 6 months they have not been able to accomplish since last February. Mr. Leonard stated the Harrington's have been making every effort to sell the property but have been hindered by court appearances and fines imposed by the city. Vice Chairman Stover asked why the Harrington's will not comply with the law and move the structure. Mr. Leonard stated they are attempting to comply with the law but feel there have some errors on what the city has done. Chairman Blood asked for any proponents to come forward for comments. Dawn Patenotte, 458 Westview Terr., Arlington, stated she did not feel the city sent the notice of meeting out to the proper area and also did not send an explanation to what the hearing was for in regards to the request that was submitted. Ms. Patenotte also stated she felt the ZBA Board Members did not read the information that was presented to them in the previous meeting. Ms. Patenotte stated they gathered statements of approval for this case from many citizens and showed the board members a display of those statements. Chairman Blood asked for any opponents to come forward for comments. Seeing none the public hearing was closed. Zoning Board of Adjustment Minutes Page 3 December 16, 2004 Paul Wieneskie, City Attorney, stated the reason why this case had been brought before the board was because the applicants and their attorney asked the District Judge to allow them the opportunity to come back before the board again. Also, it is state law that requires that it takes four votes to grant a variance and not a city ordinance requirement. Board Member Dube stated he felt the applicant would do what they will no matter what the board's decision is and that it appears it is time for the city to act and act firmly. Vice Chairman Stover stated he did not see any strong reason from the presentation why the building should be allowed to stay on the property. He also stated the board and city were not forcing them off the property. The subject of the matter is to have the structure removed from the property. Board Member McMillon stated he concurred with the other board members and the only concern is to have the illegal structure removed from the property. Board Member Dube asked the City Attorney for an explanation regarding process of annexation of property and how the use changes. Paul Wieneskie, City Attorney, explained what changes occur for property after it has been annexed and what changes have occurred for the property in question. Vice Chairman Stover made a motion to deny case #04-08-ZBA. Board Member Dube seconded the motion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman Stover, Board Members Dube and McMillon Nays: N one Abstention: None The motion carried (4-0-0). Chairman Blood adjourned the meeting at 7:30 p.m. GX-414"-- r-Vf -Z_ 1- • 4,5 Chairman Victor Blood Date