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HomeMy WebLinkAbout1980-05-28 t ZONING BOARD OF ADJUSTMENT May 28, 1980 CALL TO ORDER The meeting of the Zoning Board of . Adjustment was called to order at 7:35 p.m. in the Council Chambers of Euless City Hall by Alternate and Acting Chairman Bill Pasteur. Members present were Messrs. Charles Powell, Sam Cotten, Nick Anagnostis, Marland Ernest, and Mrs. Norma Morelock. Other alternate member present • • was Don Calhoun. Also present were Planning & Development Director Kent Flynn and Recording Secretary Becky Null. VISITORS Visitors in attendance were Messrs. Neal Adams, Doyle Winters and Joe Moreland. I. - ELECTION OF OFFICERS Acting Chairman Pasteur stated that a Chairman and Vice Chairman would be elected, and he opened the floor for nominations for Chairman. Mr. Anagnostis nominated Sam Cotten for Chairman. Mr. Calhoun seconded the nomination. • There being no further nominations, Mr. Anagnostis made a motion to elect Mr. Cotten by acclamation. Mr. Calhoun seconded the motion and the vote was as follows : Ayes: Messrs. Anagnostis, Powell, Cotten, Ernest, Calhoun, Pasteur and Mrs. Morelock Nays: None '— Acting Chairman Pasteur declared the motion carried. Chairman Cotten opened the floor for nominations for Vice Chairman. Mr. Anagnostis nominated Norma `forelock for Vice Chairman. Page Tw^Zoning Board of Adlustmcnt, May 28, 1980 Mr. Powell seconded the nomination.; There being no further nominations, Mr. Calhoun made a motion to elect Mrs. Morelock by acclamation. Mr. Powell seconded the nomination and the vote was as follows: Ayes: Messrs. Anagnostis, Powell, Cotten, Ernest, Calhoun, Pasteur and Mrs. Morelock Nays: None Chairman Cotten declared the motion carried. — II. PUBLIC HEARING - REQUEST OF NEAL ADAMS ON BEHALF OF DOYLE WINTERS FOR VARIANCE OF MINIMUM LOT WIDTH AND MINIMUM SIDE YARD SETBACK REQUIREMENTS FOR KNOB HILL MOBILE HOME PARK Mr. Neal Adams, Attorney, stated that he is representing Knob Hill Mobile Home Sales, Inc. which is a corporation wholl}3 owned by Mr. Doyle Winters. He stated that in 1969, the Planning & Zoning Commission and City Council approved a plat for Knob Hill Mobile Home Park, but the lots themselves were not platted. He stated that the only thing filed of record was the platting of the utility easements and the private ingress, egress easements; the• streets were 'not platted as public streets. He stated when the property was developed as a mobile home park, it was Mr. Winters' intent to lease the spaces. He stated that in 1973, because of the economy being down and not much leasing activity, Mr. Winters decided to convert the park to homeowned type property. He stated that Mr. Winters began selling the lots on a contract for deeds which made a provision for the people to pay a purchase price for their lots and over a period of time, pay them off. He stated that once the contracts were paid in full, they would receive a deed. He stated that there are now approximately 110 families that have contracts of deeds which provide that they will receive a deed from Knob Hill Mobile Home Sales, Inc. in one of two forms : (1) they will recieve an undivided 112th interest in the park, or (2) they will receive a platted lot. Mr. Adams stated that the two items they are asking a variance on are the minimum lot widths and minimum side yard setback requirements. He stated that the minimum lot width requirement is 40 feet, and that there are several lots that do not meet that requirement. He stated that many of the residents have located fences, shrubs, etc. on the property, and that it would be a hardship to have to move them. He stated that the minimum sideyard requirement is ten feet, and that many of the foundations are located real close to one side of the property line because the mobile home owners wanted to place a carport on one side of the home. He stated that it would be a hardship for the present owners to meet this requirement because it would require some of the foundations to be moved. Page Th , Zoning Board of Adjustment, May 28, 1980 Mrs. Morelock asked- should some of these lots be sold if the new owners would be required to meet certain requirements. Mr. Adams stated that if the variance and the plat are approved, the deed restrictions will apply to all subsequent — owners. Mr. Ernest asked why these violations were allowed to exist. Mr. Adams stated that when the mobile home park was platted, there was not an ordinance governing mobile home parks. He stated that when it was platted, there was no intent to sell individual lots. Mr. Ernest asked if these become a violation when they take deed to the property. Mr. Adams stated that it becomes a violation if they try to deed a platted lot without it being platted. He stated that they could deed it by a 112th undivided interest, but it makes it harder for the owners to sell the lots. Mr. Ernest asked if they are changing the boundary lines by approving this request. Mr. Adams stated the boundary lines would not change, that they are as they exist on the ground. Mr. Flynn stated that in order to accommo- date the sale of these individual lots, Mr. Adams is requesting the board to grant a variance on these two items before he can plat. Mr. Ernest asked if the property owners were notified. Mr. Flynn stated that the only people notified by state law are property owners within 200 feet. He stated that the people living in the mobile home park do not own the lots and, there- fore, were not notified. Mr. Flynn asked Mr. Adams if he only wanted a variance granted for the minimum lot width on those particular lots that violate the ordinance. Mr. Adams stated that was correct. He further stated they are requesting a variance for the minimum side yard requirements on all the lots. Mr. Flynn stated that this variance, if granted, would only grandfather all the existing locations as they are now. Mr. Flynn asked Mr. Adams if they wanted the Board to set a minimum side yard or are they asking the Board to accept the ones out there as they exist. Page (;o Zoning Board of AdjustmentL May 28, 1980 Mr. Adams stated they only wanted tt�e Board to accept the side yards as they exist now. Mr. Flynn stated that if a mobile home is located on a vacant lot in the future, the owners would have to conform to the ordinance. Mr. Anagnostis asked if they had any new lots to add to the park. Mr. Adams stated that they did not. He stated that there about 10 people who purchased two lots and there are no vacancies. Mr. Ernest asked if there were concrete -- pads on all the lots. Mr. Adams stated that there were concrete pads and utilities on every lot. Mr. Flynn stated that Staff needed a layout plan to locate the existing side yard violations so that only those would be grandfathered by the variance. Mr. Adams stated that the variances to side yard requirements could refer to the original layout plan submitted with the original plat. Mr. Ernest asked if subsequent property owners must conform to the existing zoning ordinance. Mr. Flynn stated that if there is not a lot built upon or if a mobile home was to burn, they would have to conform to the zoning ordinance when placing the new home. Chairman Cotten asked if there were any opposition. There being none, Mr. Powell made a motion to approve the two variances requested. Mrs. Morelock seconded the motion and the vote was as follows: Ayes: Messrs. Anagnostis„ Powell, Cotten, Ernest and Mrs. Morelock Nays: None Chairman Cotten declared the motion • carried. Page Fi^ Zoning Board of Adjustment, May 28, 1980 IIL. ADJOURNMENT The meeting adjourned at 8:05 p.m.