HomeMy WebLinkAbout2009-07-28 ZONING BOARD OF ADJUSTMENT
July 28, 2009
MINUTES
The regular meeting of the Zoning Board of Adjustment 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 Harry Zimmer
Vice Chairman Ruby Anne Crites
Robert Wooldridge
Steven Ellis
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: Council Member Donna Mickan, Harry Owen, Nancy Owen, TJ Griffin, Linda
Davis, Jim Huneycutt
THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and
Invocation was given by Board Member Steven Ellis.
ITEM 1 ELECTION OF OFFICER—VICE CHAIRMAN
Board Member Wooldridge made a motion to elect Ruby Anne Crites as Vice Chairman.
Board Member Ellis seconded the motion. The vote was as follows:
Ayes: Chairman Dube; Board Members Wooldridge, Crites, and Ellis; and Alternate
Board Member DeVries
Nays: None
Abstention: None
The motion carried (5-0-0)
ITEM 2 APPROVAL OF MINUTES for called meeting of March 26, 2009
-- Vice Chairman Crites made a motion to approve the minutes for called meeting of
March 26, 2009. Board Member Ellis seconded the motion. The vote was as follows:
Zoning Board of Adjustment Minutes July 28, 2009
'—' Ayes: Chairman Dube; Vice Chairman Crites; Board Members Wooldridge and Ellis; and
Alternate Board Member DeVries
Nays: None
Abstention: None
The motion carried (5-0-0)
ITEM 3 CASE #09-02-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 side yard
setback requirements. This property is located on Huntington Place
Addition, Block 6, Lot 1, 313 Huntington Drive.
Chairman Dube opened the public hearing.
Chris Barker, Assistant Director of Planning and Development, gave a brief description
of the case. The applicant and property owner, Harry Owen has requested a variance
to the City of Euless fence regulations regarding the placement of a fence on the side
yard of a lot adjacent to a street. The fence would be located on their property at 313
Huntington which sits at the northeast corner of Huntington Drive and Slaughter Lane.
The variance would apply to the proposed fence line along the Slaughter Lane side of
the lot. An existing chain link fence is located adjacent and along the property line. The
proposed fence is a six (6') foot tall stockade wood fence which Mr. Owen requests to
be placed at his property line to enclose his back yard.
The following text cites the Euless Unified Development Code section to which the
applicant is seeking variance:
Section 84-363 Fence and free standing wall setback requirements — Paragraph (b)
side fence and freestanding wall setback. — No fence or wall greater than 36 inches in
height shall be located less than 15 feet from any side property line that is adjacent to a
public street unless:
(1) The subject lot backs up to the rear property line of another lot, in which case
no side fence setback is required.
(2) The subject lot backs up to an access easement or alley right-of-way in which
case a ten-foot visibility triangle shall be required.
The rationale for this section of the ordinance is two-fold. First, the setback requirement
allows a clear-space and sight distance from the public right-of-way for pedestrianism
on the sidewalk as well as keeps clear visibility from the street. Secondly, a fifteen foot
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setback discourages the fencing of one complete side of the front yard of the lot to the
rear of the subject property. The lot to the rear is sited perpendicularly to the subject lot
and if the proposed fence were granted variance it would effectively wall off the entire
west side of the front yard.
The applicant's property is currently zoned R-1 a residential zoning district classification
in the City of Euless. The ordinance requires the side yard fence setback at fifteen (15)
feet from the property line. To be in compliance with the ordinance, Mr. Owen may
install the proposed 6' fence at the setback line or a fence of no greater than 3' in height
may be installed along the property line.
Staff recommends denial of the variance as the fence line as it is out of compliance with
the ordinance and adequate space is available for the property owner to install the
fence at the setback line.
Harry and Nancy Owen, 313 Huntington Drive, Euless, Texas, stated they were
requesting the variance to give them security and privacy. Being on the corner with a
chain link fence offers no seclusion from the onlookers especially when they have their
grandchildren playing in their back yard. All the houses on their street have a security
fence.
-- Chairman Dube asked the applicants how long they have lived there.
Nancy Owen stated since 1990.
Board Member Wooldridge asked if they have spoken to their neighbors at 801
Slaughter Lane about the fence.
Harry Owen stated they have not spoken to them about the fence just about tree limbs
that run across their roof.
Chairman Dube asked for any proponents/opponents to come forward for any
comments. Seeing none the public hearing was closed.
Board Member Ellis asked the applicants if they would agree upon a 7.5' side yard
easement instead of a 15' side yard easement from the property line because it would
allow the applicants to have their gate and increase their side line about approximately
7 feet where the cyclone fence is.
Harry Owen stated they would be in favor because it is meeting them half way.
Board Member Ellis made a motion to approve case #09-02-ZBA with a 7.5' side yard
setback instead of a 15' side yard setback on the street side of the corner lot in R-1
—' zoning for 313 Huntington Drive. Vice Chairman Crites seconded the motion. The vote
was as follows:
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Zoning Board of Adjustment Minutes July 28, 2009
Ayes: Chairman Dube; Vice Chairman Crites; Board Members Wooldridge and Ellis; and
Alternate Board Member DeVries
Nays: None
Abstention: None
The motion carried (5-0-0)
ITEM 4 CASE #09-03-ZBA — HOLD PUBLIC HEARING AND CONSIDER A
REQUEST FOR A CARPORT VARIANCE
Receive public input regarding a request for a Carport Variance. The
applicant is requesting a variance to the residential front yard setback
requirements. This property is located on Somerset Place Addition, Block
C, Lot 21, 211 Primrose Hill.
Chairman Dube opened the public hearing.
Mike Collins, Director of Planning and Development, gave a brief description of the
case. The applicants, Mr. and Mrs. Jack Griffin, are requesting a variance related to the
proposed construction of a carport located at 211 Primrose Hill. The proposed carport
would be erected to cover a portion of the front driveway. The City of Euless Code of
Ordinances Chapter 84, Section102 (c) (4), provides that there be no encroachment
beyond the front building line setback of 25'. The proposed carport would be structurally
detached from the primary structure, designed to complement the architecture of the
home, and would be 20' x 20'. This would place the outer edge of the carport
approximately 14' from back of curb. The applicant represents that their adult son T.J.
who lives in the home, is disabled and confined to a wheel chair. Mr. Griffin proposes to
erect a carport to cover a portion of the front driveway that would enable the son to
travel in his wheel chair between the side entrance of the enclosed garage and the
driveway and be protected from the weather. They would further propose that if the
house is sold in the future and/or the son no longer lives in the home, that the carport
will be removed.
Section 84-85 Special Conditions by Use Type, establishes the conditions under which
(b) accessory buildings (including garages and carports) are permitted, including:
1. Located behind the main structure or no closer than 80 feet from the front property
line.
2. Located no closer than three (3) feet to any other property line and behind any
applicable building line.
3. The maximum height of such structures does not exceed eight feet when located
-- three feet from the property line and provided the height may be increased at a rate of
one additional foot per two additional feet of setback.
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Zoning Board of Adjustment Minutes July 28, 2009
— The Zoning Board of Adjustment is empowered to authorize a variance from this
document when the board finds that all of the following conditions have been met:
1. That the granting of the variance will not be contrary to the
public interest;
2. That literal enforcement of this chapter will result in
unnecessary hardship because of the exceptional
narrowness, shallowness, shape, topography or other
extraordinary or exceptional physical situation or physical
condition unique to the specific piece of property in question.
"Unnecessary hardship" shall mean physical hardship
relating to the property itself as distinguished from hardship
relating to convenience, financial considerations or caprice,
and applicant or property owner's own actions.
3. That granting the variance, the spirit of the chapter will be
observed and substantial justice will be done.
Staff acknowledges that this issue is not typical. After telling the applicant that the
ordinance is very clear on this issue, the applicant chose to go before the Zoning Board
of Adjustment. This enables the applicant to have an "audience" before their fellow
citizens that serve on the Board. This also provides an opportunity for the Board to hear
— directly from the property owners who live within 200' of this residence who would be
most directly impacted by the placement of the carport. Based on the level of support
from the adjacent property owners and neighbors, the Board might be inclined to
support such a request. The Board might instead believe that granting such a variance
would lead the city down the "proverbial slippery slope" and result in unintended
consequences of having to approve any other requests from others that have the same
or other kinds of disabilities.
TJ Griffin, 211 Primrose Hill, Euless, Texas, stated has been left paralyzed from the
neck down after making a tackle in a 1990 football game. He is requesting the variance
because he has recently purchased a $70,000 handicap van and would like it to last as
long as possible. In order to do this a carport would need to be installed to cover the
van since the garage is now his bedroom. The carport would also enable him to access
his van without getting wet when it rains and out of the heat from the sun because it
takes time for the ramp to come down from his van.
Chairman Dube asked the applicant if he has to enter the van through the driver's side.
TJ Griffin stated he enters through the passenger side because the captain chairs that
are typically in the middle of other vans are not there in his van. He hits his button on
his wheel chair which then lowers the van and the ramp comes out.
Board Member Wooldridge asked if he backs the van into the driveway.
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Zoning Board of Adjustment Minutes July 28, 2009
—' TJ Griffin stated he usually goes forward because it would be tough to back the van in
as well as it would be pushing the carport right up to the property line. Even if he
backed in, he would not be completely shielded from the weather.
Chairman Dube asked for any proponents to come forward for any comments.
Linda Davis, 209 Primrose Hill Street, Euless, Texas, stated she is in favor of the
variance. The Griffin's maintain their house and she believes the same care will go into
the carport.
Chairman Dube asked for any opponents to come forward for any comments.
Jim Huneycutt, 204 Primrose Hill Street, Euless, Texas, stated the zoning ordinance is
to prevent major projection construction. Currently there are no carports or projections
on the street. Based on his calculations with 18' to 20' carport there 66% encroachment
in the front yard with a 10.5' to the property line. By enclosing the garage it is almost a
self induced hardship. The carport would restrict views and it's out of character for the
neighborhood. This carport could be a precedent for future carports in the area. In his
profession he deals with TAS and ADA code and nowhere does either code require
having a covered parking area only accessibility, curb cuts, and those types of items.
The Griffins currently comply with the handicap code that his profession does. He does
want the carport for TJ but being an architect he knows what it will look like.
TJ Griffin stated the variance is less than 20' and that it would not be much more than
where the existing tree sits. The garage was converted because that was the only
place that would allow a bigger bathroom with roll-in shower. The ADA laws are a
broad spectrum of things for being disabled when you are quadriplegic. He has a
unique disability because his fingers do not work. He just wants the carport to cover his
Honda Odyssey.
Mike Collins asked for clarification from TJ about the dimensions of the carport.
TJ stated it will be 20' wide and 17' in length. He stated he has looked at moving out
into an apartment but he has not found one that would fit his needs with a handicap
kitchen and bathroom.
Chairman Dube closed the public hearing.
Discussion among the board took place regarding alternates that could be agreed on by
both the applicant and the resident at 209 Primrose Hill. No agreement was reached.
Alternate Board Member DeVries made a motion to deny case #09-03-ZBA. Vice
Chairman Crites seconded the motion. The vote was as follows:
Ayes: Chairman Dube; Vice Chairman Crites; Board Member Wooldridge; and
Alternate Board Member DeVries
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Zoning Board of Adjustment Minutes July 28, 2009
Nays: Board Member Ellis
Abstention: None
The motion carried (4-1-0)
Chairman Dube adjourned the meeting at 7:57 p.m.
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