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Home My WebLink About2008-10-23 ZONING BOARD OF ADJUSTMENT October 23, 2008 MINUTES The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Luther Dube at 6:35 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 Chris Barker, Assistant Director of Planning and Development Stephen Cook, Senior Planner Holly Witt, Administrative Secretary ._ VISITORS: David Gauthier, Linette Merced THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was given by the Weeblos and Invocation was given by Karin Newell. ITEM 1 APPROVAL OF MINUTES for called meeting of September 25, 2008 Board Member Zimmer made a motion to approve the minutes for called meeting of September 25, 2008. Alternate Board Member Ellis seconded the motion. The vote was as follows: Ayes: Chairman Dube, Board Members Wooldridge and Zimmer, Alternate Board Member Ellis Nays: None Abstention: Vice Chairman Newell The motion carried (4-0-1) ITEM 2 CASE #08-03-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE Receive public input regarding a request for a Zoning Variance for Oakland Estates, Block 2, Lot 13. The applicant is requesting a variance Zoning Board of Adjustment Minutes October 23, 2008 to the accessory building setback requirements. This property is located at 300 W. Ash Lane. No motion or discussion was performed because the case had been withdrawn. ITEM 3 CASE #08-05-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE Receive public input regarding a request for a Zoning Variance for The Villas at Texas Star Addition, Block F, Lot 17. The applicant is requesting a variance to the front yard setback requirements. This property is located at 1010 Texas Star Court. No motion or discussion was performed because the case had been withdrawn. ITEM 4 CASE #08-04-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A ZONING VARIANCE Receive public input regarding a request for a Zoning Variance for S H 10 Business Center, Block A, Lot 1. The applicant is requesting a variance from the TX-10 development standards. This property is located at 1363 W. Euless Boulevard. Chairman Dube opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief description of the case. The applicant, Linette Merced, is requesting variances from the TX-10 development standards for a property located at 1363 W. Euless Blvd. What triggered this requested action before the Zoning Board of Adjustments is that Mrs. Merced had submitted a Specific Use Permit (S.U.P.) application to the City in August 2008 to operate the Palace of Events, a land use classified as an assembly use. The vacant building and property are owned by Mr. Orlando Merced. The building was last occupied by the Paradise Café and Catering, Inc., which was issued a Certificate of Occupancy on January 4, 2007. With there being a question of how long the building had been vacant when Mrs. Merced make application for the S.U.P., staff researched water billing records and concluded that beginning in March 2007, there was no water consumption for approximately thirteen (13) months because there was no activity in the building and the business had failed. According to Sec. 84-54 (2) a. "Any non-conforming use which is discontinued, or which remains vacant, for a period of six months shall be considered abandoned". Therefore, this property has lost its' legally existing non-conforming status and any new use requested would have to meet current site development standards. Sec. 84-153. -- "Conditions of permit approval" establishes that a specific use permit shall not be recommended for approval by the planning and zoning commission unless the commission finds that all of the following conditions have been found to exist: Page 2 of 5 Zoning Board of Adjustment Minutes October 23, 2008 (1) The proposed use complies with all the requirements of the zoning district in which the specific use permit is located; Staff recommends denial of the variance request based on Sec. 84-27 "Variance, exceptions and appeals" (10) c., that the Board can not find that "the granting of the variance would not be contrary to the public interest". Simply stated, the site can not conform to the site development standards based on the proposed assembly land use. This assembly use would require a minimum of thirty-one (31) parking spaces based on a ratio of 1:200 gross floor area. The site currently contains approximately forty-one (41) spaces. However, after meeting the required minimum area for the street yard landscaping, parking area landscaping and a place for the dumpster enclosure, the site would lose at least twelve (12) parking spaces. Further, the UDC establishes only minimum standards. We believe that the parking standards are not adequate to support the actual number of potential customers that would rent out this space. Based on the size of the building, the maximum occupancy established by the Fire Marshall is 275 people. Mrs. Merced represents that the building will accommodate 200 people and that she can provide sixty (60) spaces. The circumstance is that at least twenty (20) of those parking spaces are located on separately platted property surrounding her that she does not own. If a Specific Use Permit would have been considered, staff would —. have recommended that many more parking spaces be required beyond the minimum standard. Allowing this assembly use with less then the thirty-one (31) parking spaces would simply be setting the table for the City of Euless to have to deal with individuals parking illegally on the property adjacent to Mr. Merced's property or on other property in the area. The following information is provided as further background: The subject property zoning district: 84-112 "TX-10" Texas Highway 10 Multiuse District District Development Standards Subject Property 84-112(c) (1) Minimum Lot Area of 22,500 sq. ft. 18,730 sq. ft. 84-112(c) (2) Minimum Lot Width of 130 ft. 113.97 ft. 84-112(c) (12) Recycling and Dumpster Area Screened None Located With a Masonry Screening Wall 84-112(c) (15) Frontage Landscape Requirements 10' along front property line Not Present 1 3' cal. Tree/25' property frontage Not Present (5 required) 4 shrubs/25' property frontage Not Present (20 required) Page 3 of 5 Zoning Board of Adjustment Minutes October 23, 2008 84-112(c) (16) Parking Lot Landscaping Requirements Not Present 25 sq. ft. /parking space 41*X25 sq. ft. =1025 sq. ft. required 1 tree/10 parking spaces 41*/10=5 trees required 84-334(a) 15% of street yard must be landscaped Existing conditions appear not to conform SY=8,377.54/15%=1,257 sq. ft. required 84-334(b) (1) Trees Required (min. 3' cal.) None Present (2 required) 84-334(c) Shrubbery Required None Present (26 required) 84-334(d) Ground Cover Required None Present (126 sq. ft. required) 84-334(e) (1) SY Parking Lot Landscape Islands Required None Present 90 sq. ft. /12 spaces 22/12=2 X 90 =180 sq. ft. required 84-334(e) (2) Non-SY Parking Lot Landscaping Islands Required None Present 60 sq. ft. /12 spaces 19/12=2 X 60 =120 sq. ft. required 84-334(g) Irrigation Required None Present 84-335(a) Landscape Plan Required Not Submitted 84-201(g) Table 5-A Required Parking Parking Group 6 = 1:200 gross sq. ft. 6,192 sq. ft. /200=31 required (2HC) 41* spaces provided 3 HC provided Linette Merced, 1363 W. Euless Boulevard, Euless, Texas, stated the establishment would be rented for weddings and other activities that would benefit the community. When her brother purchased the property he was unaware of any issues, but now is told that there is parking issues. She feels that keeping the building vacant could cause vandalism and they would lose close to half a million dollars. Chairman Dube asked for any proponents/opponents to come forward for any comments. Seeing none the public hearing was closed. Board Member Zimmer stated the diagram shows that the parking does not accommodate the use. Page 4 of 5 Zoning Board of Adjustment Minutes October 23, 2008 Chairman Dube stated the boards' responsibility is to try to be fair to the applicant but also have the best interest of the city. When a property is grandfathered but sits vacant for six months or longer, then it loses its grandfather status and has to meet current code requirements. Vice Chairman Newell stated it appears to be a good business but the location cannot accommodate the use. Vice Chairman Newell made a motion to deny case #08-04-ZBA. Board Member Zimmer 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) Chairman Dube adjourned the meeting at 6:54 p.m. Chairman Dube `' Date CC Page 5 of 5