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HomeMy WebLinkAbout2007-06-28 ZONING BOARD OF ADJUSTMENTS June 28, 2007 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Board Member Dube at 6:37 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Complex. Board Member Dube stated there was a quorum of members of the Zoning Board of Adjustments present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Chairman Luther Dube Vice Chairman Karin Newell Troy Mennis Ruby Anne Crites Alternate Robert Wooldridge Alternate Harry Zimmer Alternate Steven Ellis Mike Collins, Director of Planning and Development Chris Barker, Planning and Development Manager Holly Witt, Administrative Secretary — VISITORS: Larry Springs, Margie Rojas Rodriguez THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Board Member Dube. ITEM 1 ELECTION OF OFFICERS–CHAIRMAN AND VICE CHAIRMAN Board Member Mennis made a motion to elect Luther Dube as Chairman. Board Member Newell seconded the motion. The vote was as follows Ayes: Board Members Mennis, Dube, Crites, and Newell; and Alternate Board Member Wooldridge Nays: None Abstention: None The motion carried (5-0-0) Board Member Mennis made a motion to elect Karin Newell as Vice Chairman. Board Member Crites seconded the motion. The vote was as follows: — Ayes: Chairman Dube, Board Members Mennis, Crites, and Newell; and Alternate Board Member Wooldridge Zoning Board of Adjustments Minutes Page 2 June 28, 2007 -- Nays: None Abstention: None The motion carried (5-0-0) ITEM 2 APPROVAL OF MINUTES for called meeting of May 17, 2007 Board Member Crites made a motion to approve the minutes for called meeting of May 17, 2007 with the following correction on page 2, in the motion for case #07-01-ZBA, to replace "for the next called meeting" to "to a future meeting with no specific date identified," Vice Chairman Newell seconded the motion. The vote was as follows: Ayes: Chairman Dube, Vice Chairman Newell, Board Members Mennis and Crites, and Alternate Board Member Wooldridge Nays: None Abstention: None The motion carried (5-0-0) ITEM 3 CASE #07-02-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE Receive public input regarding a request for a Zoning Variance of Park Crestmoor, Block 5, Lot 9. The applicant is requesting a variance to the side yard set back requirements. This property is located at 104 Windward Way. Chairman Dube opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief description of the case. The applicant, Mr. Larry Springs, requests consideration of a variance relating to the side yard setback for a corner lot. The development standards (Section 84-102. "R- 1" single family detached dwelling) establish a minimum 15' setback on the street side of a corner lot, which would allow a 4' setback on the opposite side yard. The subject property is located at 104 Windward Way, on the southwest corner of Westward Way and the eastbound Airport Freeway frontage road. Specifically, Mr. Springs desires to place a 1,726 square foot dwelling with front entry garage on this irregularly shaped lot. This situation could perhaps be considered a little bit different than the typical. Rather than using the irregular shape of the lot to justify construction of a home that is smaller than the minimum, the applicant is requesting a side yard setback variance that would allow construction of a home that exceeds the minimum size. Mr. Springs has provided exhibits that show two (2) options. Option 1, which Mr. Springs prefers, would permit the house footprint to be established with a 9' foot side setback on the south side adjacent to the existing house and a side setback on the street side of 8.5'. Option 2 shifts the house to create a 4' side setback on the south side adjacent to the existing house and a Zoning Board of Adjustments Minutes Page 3 June 28, 2007 side setback on the street side of 13.5' (which would require a variance of 1.5'). A valid perspective on this issue is that Mr. Springs has created this hardship and all he needs to do is simply modify the floor plan to eliminate the encroachment. Therefore, no variance would be required. As a practical matter, the size and valuation of this new residence would exceed those of the existing homes in the neighborhood. Additionally, the 1.5' encroachment does not adversely impact the site visibility of this corner lot. The fact is that the irregular shape of the lot can be considered as a basis for seeking a variance. Coupled with the practical considerations mentioned previously, the staff would recommend that the ZBA authorize a 12.5' setback on the street side of this corner lot, which would enable Option 2 to be developed with 2.5' variance. Larry Springs, 104 Windward Way, Euless, Texas, stated this is an unusually shaped lot and once is house it built it will add value to the neighborhood. Chairman Dube asked for any proponents/opponents to come forward for comments. Seeing none the public hearing was closed. Vice Chairman Newell asked if the applicant was worried about the expansion of the highway in the future. Larry Springs stated as a builder this location is significant because he will use it as a ._ spec house for the first six months. From the information he has received the expansion of the highway will be anywhere from two to ten years. He owns Affordable Flooring and Cabinets on S. Ector Drive and W. Euless Boulevard, putting him within close proximity of his job. Vice Chairman Newell asked where the placements of the A.C. units were going to be in Option 1 and Option 2. Larry Springs stated in Option 1 the A.C. unit will be placed on the south side of the property and in Option 2 it will be placed north of the property to avoid placing it too close to the neighbor's house. Chairman Dube stated that Option 2 seems more practical because it offers more clearance on the north side for the future highway expansion. Board Member Mennis asked the applicant if he had discussed Options 1, 2, and 3 with his neighbor located on Lot 8. Larry Springs stated he did discuss all the options and they were not opposed to any of the options. They were pleased to see a house being built because kids tend to hang out there. Board Member Mennis made a motion to approve case #07-02-ZBA, allowing Option 1. There was no second. The motion failed. Zoning Board of Adjustments Minutes Page 4 June 28, 2007 -- Vice Chairman Newell made a motion to approve case #07-02-ZBA, authorizing a 12.5' setback on the street side of this corner lot, which would enable Option 2 to be developed with a 2.5' variance. Board Member Crites seconded the motion. The vote was as follows: Ayes: Chairman Dube, Vice Chairman Newell, Board Member Crites, and Alternate Board Member Wooldridge. Nays: Board Member Mennis Abstention: None The motion carried (4-1-0) Chairman Dube adjourned the meeting at 7:13 p.m. • Chairman Dube Date