The URL can be used to link to this page

Home My WebLink About2008-04-24 ZONING BOARD OF ADJUSTMENT April 24, 2008 MINUTES The regular meeting of the Zoning Board of Adjustment was called to order by Chairman Luther Dube at 6:34 p.m. for consideration of scheduled items in the Council Chambers in City Hall of the Municipal Building. Chairman Luther Dube stated there was a quorum of members of the Zoning Board of Adjustment present. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT Chairman Luther Dube Ruby Anne Crites Vice Chairman Karin Newell Robert Wooldridge Harry Zimmer Steven Ellis, Alt. Mike Collins, Director of Planning and Development Kurt Kasson, Building Official Holly Witt, Administrative Secretary VISITORS: Roy Deering, Diana Deering, Esther Johnson THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Chairman Dube. ITEM 1 ELECTION OF OFFICERS —CHAIRMAN AND VICE CHAIRMAN Alternate Board Member Ellis made a motion to elect Luther Dube as Chairman. Vice Chairman Newell seconded the motion. The vote was as follows: Ayes: Chairman Dube, Vice Chairman Newell, Board Members Wooldridge and Zimmer, and Alternate Board Member Ellis Nays: None Abstention: None The motion carried (5-0-0) Board Member Wooldridge made a motion to elect Karin Newell as Vice Chairman. Board Member Zimmer seconded the motion. The vote was as follows: Ayes: Chairman Dube, Vice Chairman Newell, Board Members Wooldridge, Zimmer, Alternate Board Member Ellis Nays: None Abstention: None Zoning Board of Adjustment Minutes April 24, 2008 The motion carried (5-0-0) ITEM 2 APPROVAL OF MINUTES for called meeting of September 27, 2007 Vice Chairman Newell made a motion to approve the minutes for the called meeting of September 27, 2007. Alternate Board Member Ellis seconded the motion. The vote was as follows: Ayes: Chairman Dube, Vice Chairman Newell, Board Members Wooldridge, Zimmer, Alternate Board Member Ellis Nays: None Abstention: None The motion carried (5-0-0) ITEM 3 CASE #08-01-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 in order to Storage Building. This property is located on Morrisdale Addition, Block 5, Lot 6, 1106 Penoak Court. Chairman Dube opened the public hearing. Kurt Kasson, Building Official, gave a brief description of the case. The applicant, Mr. Roy Deering, is requesting consideration of a variance relating to the setback requirements for accessory buildings. The subject property is located at 1106 Pen Oak Ct. in the Morrisdale Subdivision. The Unified Development Code, Section 84-85, Special conditions by use type, in 84-85 (a & b), establishes minimum setback requirements for accessory buildings from all property lines and easements. The ordinance establishes a minimum setback of three (3) feet from all property lines for structures up to eight (8) feet in height and then increases the set back at a ratio of two (2) feet for every one (1) foot in height above the 8 foot threshold. Specifically, the applicant has placed three accessory buildings on the subject property without obtaining the required building permits. The city staffs position is that if the required building permit would have been properly applied for, the permit would have been denied due to the location of the structures as requested on the property. Roy Deering, 1106 Penoak Court, Euless, Texas, stated his first mistake was not applying for a building permit. He found out that he was not in violation of 50 percent of -- his half acre lot. The buildings are well established and designed. The neighbors adjacent to his backyard have signed a form that they do not object to the location of the buildings. One neighbor stated the buildings actually help cover a small eye soar from Page 2 of 5 Zoning Board of Adjustment Minutes April 24, 2008 another neighbor. The 12 x 16 building is proposed for wood working hobby shop, for making bunk beds for the grand children. Directly in front of this building is the art studio for his wife, which is not visible from Pipeline Road. The storage buildings were placed in a straight line down the fence so they would not be an eye sore. It would be unpractical to relocate the buildings because of the trees. Chairman Dube asked Mr. Deering how long he has resided at 1106 Penoak Court. Roy Deering stated they have been there for two (2) years. Board Member Zimmer asked where he would have placed the storage building if he had applied with the City and he was informed the location would not be permitted. Roy Deering stated his next step would have been to ask for the variance to allow the storage buildings to remain in their location. Board Member Zimmer asked would he still have asked for a variance if the city staff informed him that the storage buildings needed to be moved closer to the middle of the yard. Roy Deering probably would have. Board Member Wooldridge asked where was the eye soar that he referenced earlier. Roy Deering stated it was the metal shed in the backyard at 1104 Penoak Court. Board Member Zimmer asked if any of the neighbors on Penoak Court object. Roy Deering stated the resident at 1104 Penoak Court liked what he has and thought of putting up a building like his. Board Member Zimmer asked if the neighbor catty corner objected. Roy Deering stated he has not talked personally to Larry because he travels quite a bit but has had no complaints at this point. Chairman Dube asked for proponents/opponents to come forward for any comments. Esther Johnson, 1205 Pebble Creek Drive, Euless, Texas, stated her husband, Bruce, and herself stand in opposition of this variance. The odd location of the three buildings feel it do not have desired effect on the Morrisdale neighbor and gives the impression of messiness and clutter. They feel 84-85 special provides fair guidelines for accessory buildings. Bruce and she feel the code refers to only one accessory building. The key — phrases she felt was important were "protect and maintain property values", "protect and improve physical environment", "preserve and develop the community's economic Page 3 of 5 Zoning Board of Adjustment Minutes April 24, 2008 base" out of Section 84-3. Her husband and she ask that the zoning variance setback request be denied. Board Member Wooldridge asked if their neighborhood has any deed restrictions limiting the number of buildings. Ester Johnson stated they do not; the covenants that were developed many years prior have expired but they only identified a single accessory building. She feels the odd location of the accessory buildings cause an eye sore. Board Member Wooldridge asked if she could see the structures from her home. Ester Johnson stated no but she could see them from Pipeline Road. Board Member Zimmer asked what the entry into their neighborhood off Pipeline Road is. Ester Johnson stated it is Driftwood. Board Member Zimmer asked if she wants the relocated buildings not to be visible from any of the right of ways. .__. Ester Johnson stated they are not visible from Driftwood because of the height of the fence. You would have to drive into Penoak Court and you would be able to see the sheds. She feels at least one could be relocated. Vice Chairman Newell asked Mrs. Johnson if she was aware of any other neighbors apart of the H.O.A. that share her feelings. Ester Johnson stated there are three other neighbors but they could not attend the meeting. Vice Chairman Newell asked if she brought any documents from these neighbors. Ester Johnson stated she did not because she asked them to drop correspondence themselves. Board Member Zimmer asked Mrs. Johnson if Roy Deering could come up with a fence design, where you could not see the structures from Pipeline Road, would she be satisfied. Ester Johnson stated that would be an excellent idea. -- Chairman Dube asked which building she would want moved. Page 4 of 5 Zoning Board of Adjustment Minutes April 24, 2008 Ester Johnson stated she would like the 8' x16' to be removed, the one nearest to the parking area and used for arts. Roy Deering stated you can only see one building and a portion of his shop from Pipeline Road. If a fence was installed at Pipeline Road it would not change the view from his driveway because you will still be able to see one building. He asked city staff if there would be any new ruling presented to City Council to allow the existing buildings to stay where they are. Mike Collins stated staff has not received authority to advance with any at this time. Chairman Dube closed the public hearing. Vice Chairman Newell made a motion to approve case #08-01-ZBA to allow the existing three (3) accessory buildings to remain in their location at 1106 Penoak Court. Board Member Wooldridge seconded the motion. The vote was as follows: Ayes: Chairman Dube, Vice Chairman Newell, Board Members Wooldridge, Zimmer, • Alternate Board Member Ellis. Nays: None ._, Abstention: None The motion carried (5-0-0) Although not made as part of the formal motion, it was the collective recommendation of the ZBA that the minutes of this meeting include a recommendation that the current accessory building ordinance be thoroughly evaluated. Chairman Dube adjourned the meeting at 7:21 p.m. . SAM Chairman Dube Date Page 5 of 5