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HomeMy WebLinkAbout2005-02-24 ZONING BOARD OF ADJUSTMENTS February 24, 2005 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Victor Blood at 6:39 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Chairman Victor Blood stated there was a quorum of members of the Zoning Board of Adjustment present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Chairman Victor Blood Vice Chairman Tom Stover Luther Dube Robert McMillon Eddie Price Troy Mennis, Alt. Ruby Ann Crites, Alt. Mike Collins, Director of Planning and Development Eric Wilhite, Planning and Development Manager Kurt Kasson, Building Official Karla Dickerson, Administrative Secretary VISITORS: Steve McKeever; Mr. & Mrs. Boyken; Randy Jones THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Victor Blood. ITEM 1 APPROVAL OF MINUTES for called meeting of December 16, 2004 Board Member Dube made a motion to approve minutes for called meeting of December 16, 2004 as written. Alt. Board Member Crites seconded the motion. The vote was as follows: Ayes: Chairman Blood, Board Members Dube and Price, Alt. Board Members Mennis and Crites Nays: None Abstention: None The motion carried (5-0-0). ITEM 2 ELECTION OF OFFICERS Board Member Price made a motion to appoint Victor Blood as Chairman. Board .— Member Dube seconded the motion. The vote was as follows: Zoning Board of Adjustment Minutes Page 2 February 24, 2005 -- Ayes: Chairman Blood, Board Members Dube and Price, Alt. Board Members Mennis and Crites Nays: None Abstention: None The motion carried (5-0-0). Chairman Blood made a motion to appoint Eddie Price as Vice Chairman. Alt. Board Member Crites seconded the motion. The vote was as follows: Ayes: Chairman Blood, Board Members Dube and Price, Alt. Board Members Mennis and Crites Nays: None Abstention: None The motion carried (5-0-0). ITEM 3 CASE #05-01-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 to Set Back Requirements. This property is located on Huntington Place Addition, Block 13, Lots 9, 11 & 12, Block 14, Lot 10, 812-825 Koen Ln. Chairman Blood opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief overview of the case. This case involves eight (8) lots that are located within Block 13, Lots 8-12, and Block 14, Lots 10-12. They are located in Huntington Place Addition. There is a conflict between the plat that has been recorded and the underlying zoning for these lots. The zoning is R-1 which establishes a minimum front set back of 25 feet. The recorded plat indicates a front set back of 20 feet. The applicant was made aware of the conflict between the plat and the zoning development standards and in response to that staff asked the applicant to make a good faith effort to work within the development standards of the 25 feet and make all the building footprints for the residential homes conform to the R-1 development standards. The applicant has come forward indicating they would request a variance that would affect four of the eight lots. The lots would include Lot 10 of Block 14, and Block 13, Lots 12, 11 and 9. Staff is of the belief that based on an understanding we have that the owner of the lots has been dealing with the same home builder in two other subdivisions and that same builder is going to be - constructing homes on this. We know what type of foot print they have of the homes and we know based on the lot configurations that they do have building foot prints that Zoning Board of Adjustment Minutes Page 3 February 24, 2005 can meet the standards that are being requested therefore staff is only recommending that the variance be approved that would effect Block 13, Lot 12 and Block 14, Lot 10. Chairman Blood asked the applicant or representative to come forward for comments. Steve McKeever, 417 N. Saginaw, Fort Worth, stated the lots are bigger than R-1 L requirements and they were intending to develop a dead end cul-de-sac but Fire and Police preferred it to be opened through to the Fort Worth development. Mr. McKeever stated the four lots they are requesting the variance for are difficult to build on due to the configuration. Other lots they have had with similar difficult lot configurations have had to be sold at a much lower cost in order to sell. Chairman Blood asked for any proponents/opponents to come forward for comments. Mr. and Mrs. Boyken, 808 Koen Ln., Euless, stated they are concerned that a house being built next to their lot with the 20 foot setback will be in front of their home and block their view. Randy Jones, 816 N. Atkerson Ln., Euless, stated he talked with Mike Collins, Director of Planning and Development, and agrees with the variance on Block 13, Lot 9 because it could cause a 2 story home to be built if the variance is not granted. •••• Chairman Blood closed the public hearing. Mike Collins, Director of Planning and Development, asked Mr. McKeever why they decided not to go forth with the zoning change in the beginning from R-1 to R-1 L. Mr. McKeever stated the plat submittal remained with the 20 foot setbacks from the original concept when planning for the zone change. These lots could have a house plan made for them but it would not fit the rest of the neighborhood and they are trying to fix what was approved. Alt. Board Member Mennis asked Mr. McKeever if the variance was granted or not will Lot 10 be developable. Mr. McKeever stated it would be but it would not be very appealing. Chairman Blood asked if Lot 10 was allowed to have 20 foot setback would it be a 2 story or a one story structure. Mr. McKeever stated most of the homes are one story. Eric Wilhite, Planning and Development Manager, stated that commissioners have questioned why staff does not control street and lot layouts more closely. The ordinance does not permit staff to control these specifically, but those constraints are within the district development standards. Staff has talked with the developers about as long as the road addresses the life safety issues and fire circulation they could adjust the lot so they would be wider and meet R-1 required setbacks. In this instance there could have been better ways to layout the design of lots but they may have lost a lot or Zoning Board of Adjustment Minutes Page 4 February 24, 2005 — two and that is what staff runs into a lot of times because lots meet the minimum square footage or exceeds it and it meets the front yard width and setbacks. Vice Chairman Price stated that after observing this layout it is the board's task to see if these particular lots have the unique characteristics that might lend themselves to a variance. These lots do have these unique characteristics from all the others around because the others are more rectangular or bigger. These are very shallow from the street and the Fort Worth side is 20 foot setbacks so the transition goes from 25 foot setback into a 20 foot setback. Although that is Fort Worth and not Euless it is relative to the way everything fits together. Alt. Board Member Crites left the meeting. Chairman Blood stated the lots to the east are 50 x 100 which are smaller than those to the west and this is again a transitional area. He would like to see the northern setback on Lot 10 be 25 feet so that it will confor with the adjacent properties to the west. Board Member Price made a motion to pprove case #05-01-ZBA as requested. Alt. Board Member Mennis seconded the m tion. The vote was as follows: Ayes: Chairman Blood, Vice Chairman rice, Board Member Dube and Alt. Board Member Mennis Nays: None Abstention: None The motion carried (4-0-0). Chairman Blood adjourned the meeting at 7:45 p.m. it"(--(x-e 4\c‘r V\JD C T)1004 P731 /CD' , Chairman Victor Blood Date