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HomeMy WebLinkAbout2009-03-26 ZONING BOARD OF ADJUSTMENT March 26, 2009 MINUTES The regular meeting of the Zoning Board of Adjustment was called to order by Chairman Luther Dube at 6:36 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 Robert Wooldridge Harry Zimmer Ruby Anne Crites Steven Ellis, Alt. Bryon DeVries, Alt. Mike Collins, Director of Planning and Development Chris Barker, Assistant Director of Planning and Development Stephen Cook, Senior Planner Holly Houston, Administrative Secretary VISITORS: Reggie McMullin, Granville McMullin, Doug McMullin, Dave Lee, Tanuja Aryal, Subash Kharel THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Board Member Ruby Anne Crites. ITEM 1 ELECTION OF OFFICERS — CHAIRMAN AND VICE CHAIRMAN Board Member Wooldridge made a motion to elect Luther Dube as Chairman. Board Member Crites seconded the motion. The vote was as follows: Ayes: Chairman Dube; Board Members Wooldridge, Zimmer, and Crites; and Alternate Board Member Ellis Nays: None Abstention: None The motion carried (5-0-0) ITEM 2 APPROVAL OF MINUTES for called meeting of November 6, 2008 Board Member Wooldridge made a motion to approve the minutes for called meeting of November 6, 2008. Board Member Zimmer seconded the motion. The vote was as follows: Zoning Board of Adjustment Minutes March 26, 2009 Ayes: Chairman Dube; Board Members Wooldridge, Zimmer, and Crites; and Alternate Board Member Ellis Nays: None Abstention: None The motion carried (5-0-0) ITEM 3 CASE #09-01-ZBA — HOLD PUBLIC HEARING AND CONSIDER A REQUEST FOR A FENCE VARIANCE Receive public input regarding a request for a Fence Variance. The applicant is requesting a variance to the residential fence height requirements. This property is located on James M Matson Survey, A- 1080, Tract 1D, 2114 W. Pipeline Road. Chairman Dube opened the public hearing. Mike Collins, Director of Planning and Development, gave a brief description of the case. The applicant, Reggie McMullin has requested a variance to the City of Euless _ fence regulations regarding maximum height of residential fences for a fence built on their property located at 2114 W. Pipeline Road. Mr. McMullin owns a 2,560 square foot home located on 2.9 acres that has been parceled out of a larger approximate 30 acre tract on the north side of Hwy. 10 and east of Westpark Drive. The fence has been constructed along the eastern border of the McMullin property adjacent to single-family residential property owners within phase one of the Villas of Texas Star subdivision on Coyote Drive. The approximately 120 foot fence is constructed in such a way to provide screening through the additional height above the six foot high fences constructed with the subdivision. The height of the McMullin's fence ranges between approximately twelve (12') feet to eighteen (18') feet above the grade of their property. When viewed from the back yards of the Villas at Texas Star homes, the McMullin's fence appears to abut the subdivision fencing. The shortest distance from the McMullin's home due east to the rear property line of a home in the Villas at Texas Star is approximately 125 feet. The applicant has indicated that the additional height of the new grade created by the development of the adjacent subdivision has created a need to construct the height of the fence to ensure privacy to their property. The applicant does not desire to consider any alternate location for the fence. Under Section 84-362 (e) of the Euless Unified Development Code "no fence in a residential district shall exceed eight feet in height above ground level at the fence line." The applicant's property is currently zoned R-1 a residential zoning district classification in the City of Euless. Therefore, to be constructed on the applicant's property at grade, the maximum height of the fence allowed by the UDC is eight (8') feet. Staff recommends denial of the variance as the -- height of the fence exceeds the required maximum height. Page 2 of 4 Zoning Board of Adjustment Minutes March 26, 2009 Reggie McMullin, 2114 W. Pipeline Road, Euless, Texas, stated the reason for the variance is because the ravine between their property and the Villas at Texas Star development allows little privacy because they can look into the neighbor's backyard. In the evening their neighbors back porch lights shines onto their property. The fence variance would allow more privacy due to the height differentiation of the retaining wall. On the south end of his property placing an 8' fence would not solve the problem because of the elevation variations. In order for it to make a difference the 8' fence would have to be placed on his neighbor's property. If his neighbors decided to put up a wrought iron fence in the future then there would be no privacy at all. Every Sunday the McMullin family gets together and while they are outside they have no privacy. Mike Collins wanted to clarify that the existing privacy fence was stained and the erected fence was still in its natural state with the intent to stain it. Reggie McMullin stated he was going to stain the fence upon approval of their fence variance. He installed metal post in concrete, with pressure treated wood. Chairman Dube asked for any proponents to come forward for any comments. Randle McMullin, Bedford, Texas, stated basically that because of the terrain of the land the height of the fence is the same as the elevation of the retaining wall. They installed a fence that would last the longest and look the best. The two houses would benefit from the privacy as well. Chairman Dube asked for any opponents to come forward for any comments. Dave Lee, 1008 Coyote Drive, Euless, Texas, stated he was 3 lots from the fence and it does not affect him too much but yet he still has to look at it. He chose his lot because it has more privacy. As the fence stands it looks tacky because it looks like a billboard. He would be open for an alternative solution such taking down both fences and replace them with a single 8' stained fence. Subash Kharel, 1002 Coyote Drive, Euless, Texas, stated the fence was originally placed on top of his existing fence and then it was moved. When you look out his backyard it looks like a prison and the fence devalues his property. Reggie McMullin stated the original fence was mistakenly placed on Mr. Kharel's property by the fence contractor. He stated that he could take down the 5' to 6' portion of fence that goes past 1002 Coyote Drive. Randle McMullin stated the height of the proposed fence is to offset the rise and elevation of development. In regards to the gap between the two fences they could construct something to tie the two fences together to improve the eye appeal. Chairman Dube closed the public hearing. Page 3 of 4 Zoning Board of Adjustment Minutes March 26, 2009 Board Member Zimmer stated there are two sides to this situation. There is a regulation that the fence cannot be over 8'and the decision is to either grant the exception or turn it down. He would like to see all the neighbors involved to come together and possibly construct one 8' fence. Board Member Wooldridge asked the applicant if was made aware that he needed a fence permit. Reggie McMullin stated he has been there so long that it did not cross his mind until all this got brought up. Board Member Wooldridge asked was he made aware that a fence permit was needed when the fence was relocated. Reggie McMullin stated no, not at that time. Chairman Dube agreed with Board Member Zimmer that something should be worked out with the effected neighbors. He appreciated the need for privacy for all the parties. Board Member Wooldridge made a motion to deny case #09-01-ZBA. Board Member Crites seconded the motion. The vote was as follows: Ayes: Chairman Dube; Board Members Wooldridge, Zimmer, and Crites; and Alternate Board Member Ellis Nays: None Abstention: None The motion carried (5-0-0) Chairman Dube adjourned the meeting at 7:11 p.m. Za../‘)/ Chairman Dube Date Page 4 of 4