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HomeMy WebLinkAbout1984-09-06 ZONING BOARD OF ADJUSTMENTS MEETING City of Euless 201 North Ector Drive Euless, Texas September 6, 1984 CALL TO ORDER The Zoning Board of Adjustments (ZBA) Meeting was called to order at 7:34 p.m. MEMBERS PRESENT STAFF PRESENT Marland Ernest James Knight, Director of Public Works' Helen Lightbody Rod Tyler, Senior Planner Ralph Gibson Jim McKanna, Project Engineer —. Bill Pasteur • Anniece Vargas', Staff Secretary Frank Douglass VISITORS • • Howard & Faye Paynard Tom Hollywood Elvera Stagner Jo Berg . Barry Smith Roselie Krieger • Hirokazu Haga E. E. Keplinger Mary Ann Berthiaume Ralph Sandifer Harry Sandifer Neal Krieger Al & Betty Heinemann Opal & Willie Geer Mr. & Mrs. J. G. Hale Ron Addison Bill Fox INVOCATION The invocation was given by Helen Lightbody. NEW BUSINESS • . I. PUBLIC HEARING - ZBA #4O ( 1984) - REQUEST OF JIMMY & CATHERINE HALE FOR A VARIANCE OF THE FRONT AND REAR YARD SETBACKS ON LOT 92, KNOB HILL MOBILE HOME PARK Mr. Ron Addison , 8701 Bedford-Euless Road #600, Hurst , representing Jimmy & Catherine Hale , requested tabling of his case because to date he had not received any letter notifying him of the date of the public hearing. He stated that he learned of tonight ' s hearing earlier that day and had not had adequate time to prepare his case . Among the items he needed time to prepare was a petition from area homeowners in favor of this request , and possibly a utility encroachment agreement with the utility companies. Chairman Ernest entertained comments or a motion. • -- Mr. Douglass made a motion to table the request until September 24, 1984, at 7:00 .p.m. Page Two - Zoning Board of Adjustments Meeting - Septi mhrr 6 , 1904 • • Mr. Pasteur seconded the motion, and the vote is as follows : Ayes: Mrs. Lightbody, Messrs. Douglass, Pasteur, Ernest , and Gibson Nays :. None Chairman Ernest declared the motion carried. Mr. Knight explained to the people in the audience who had appeared to express their opinion that there would be no further notice regarding the new date of the _. Public Hearing. He further stated that our records showed that notice had been sent to Mr. Addison. Chairman Ernest expressed the Board's apology for the inconvenience. II. PUBLIC HEARING - ZBA 141 (1984) - REQUEST OF MR. RICHARD BERTHIAUME FOR A VARIANCE OF THE FIFTEEN FOOT REAR YARD REQUIREMENT ON LOT 11 , BLOCK 1 , TIMBER RIDGE ADDITION (903 CHESTNUT OAK COURT) • Mr. Dick Berthiaume of 903 Chestnut Oak Court, presented his request for variance to his property. He . stated that if he were to comply with the city zoning ordinance that with the way his house sits on the lot , he would have only about six feet at the rear of his home in which to build an enclosed sunroom with hot tub. He is requesting a 9'8" variance from the minimal 15 foot rear yard requirement. He mentioned that he was misinformed as to the need for a building permit for such construction , and has already poured the concrete . He felt that if the variance was not granted, he would have to tear down construction and would not be allowed to make any improvement, in his back yard. Mrs. Lightbody asked if he could put the addition on the west part of his property which had forty feet of clearance. Mr. Berthiaume stated that he had a sidewalk and shed and would have no access to the addition. Mr. Pasteur asked if the construction that had taken place was in conformance with the building code. Mr. Berthiaume stated that he would need some No. 3 two by sixes according to City Codes and was willing to abide with the codes. He stated that without this variance , he would not have the needed room to complete his project . Mr. Ernest stated that there are only certain circumstances where this board can grant this type of variance and as yet Mr. Berthiaume had not proved to the board that such circumstances exist. Chairman Ernest entertained questions, proponents, or opponents. _ Mr. Ilirokazu Haga , 902 Elmwood Court , expressed his opposition to the request due to the fact that the sunroom is visible from his house which backs up to Mr. Berthiaume 's house . e1 There being no additional opponents or proponents , Chairman Ernest closed the public hearing and asked for a discussion among the Board members. • Pave Three - hoard of Adjustments hl •eting - September 6 1984 Mrs. Lightbody stated that she felt that this request should not be granted due "- to the fact that it would be relieving a self-created hardship rather than a AC1 hardship on the land. Chairman Ernest stated that a vote was in order (Ayes - in favor of request ; Nays - against the request) . Ayes: Mrs. Lightbody, Messrs. Douglass, Pasteur, Gibson, and Ernest Nays: None Chairman Ernest declared the request denied. Mr. Berthiaume asked if he had any recourse. Mr. Knight read Section 13-203(3) from the Zoning Ordinance which stated that any person aggrieved by any decision of the Board of Adjustments may present to a District Court a petition stating that the Board's decision .was illegal and such shall be delivered within 10 days of the Board 's decision. Mr. Berthiaume stated that he did not feel that the 'Board's judgment was illegal, but felt it was unfair; he remarked that he would see an attorney. • III. PUBLIC HEARING - ZBA #42 - REQUEST OF THE EULESS YACHT CLUB FOR A VARIANCE OF EXPANDING NON-CONFORMING USE TO PROVIDE ADDITIONAL OFF-STREET PARKING SPACES ON TRACT A, BLOCK 1 , OAK CREST ESTATES ADDITION Mr. Ralph Sandifer, proprietor of The Euless Yacht Club at 200 Dickey Drive , presented his request for additional off-street parking spaces. He mentioned that he is not the owner, but there is a gentlemen's agreement between himself and the landlord regarding the variance request . Mr. Pasteur- asked what was to be the use of the property. Mr. Sandifer stated that this is a request for paving the overflow parking area. • Mr. Gibson inquired as to how often there is a parking problem. Mr. Sandifer stated that parking is a problem mostly on Friday and Saturday nights. He anticipates a heavy crowd on other nights due to football games that can be viewed on the widescreen television at the Euless Yacht Club. Mrs. Lightbody asked if he had plans to enlarge the interior of his business by adding more tables , etc. Mr. Sandifer answered that he has no room to expand (will have the same square feet) and the occupancy rating ( 140 patrons) cannot be increased. Mrs. Lightbody inquired as to what the average usage was. Mr. Sandifer stated that his business usually has between fifty and sixty patrons per evening. The parking lot now holds 42 cars. Page Four - Zoning Board of Adjustments Meeting September 6, 1984 Mr. Pasteur wanted to know the zoning on the property in question and on the surrounding properties. _ Mr. Tyler stated that there is R-1 on both lots and the surrounding properties • is C-2. Mrs. Lightbody was concerned with how close the parking area would be to the adjacent apartments. • Mr. Sandifer felt that there was approximately 40 feet between the parking lot • and the apartments. • Mr. Douglass asked Mr. Tyler if the current parking is now in conformance. Mr. Tyler stated that the City requires a minimum of one space for each 100 square feet. Since the establishment is approximately 3,000 square feet , the business is allowed 30 spaces. • Mr. Sandifer remarked that he should have more parking spaces due to the size of his 13usiness. Chairman Ernest then asked for proponents. There being none , he asked for opponents. Mr. Bill Fox, 308 E. Alexander, was opposed to the request due to the high density of the neighboring existing apartments, traffic, more drunken drivers in the neighborhood, and the safety of the children in the area. He also stated that he has seen cars parked in the street in front of the club. Mr. Barry Smith, 302 Dunaway, also wanted to express his opposition because he felt there would be an increase in traffic, additional trash, and the high density already in the area. Chairman Ernest then read a letter from Mr. Harold Copher which stated • opposition to this request. Chairman Ernest closed the public hearing and opened up discussion among the Board members. Mr. Pasteur agreed with Mr. Fox and Mr. Smith regarding their feelings about having a club in a residential neighborhood -- but pointed out the Board is addressing the point of whether or not to pave a lot for additional parking. He felt it would be better to pave the parking lot and get the parking off the street. Mrs. Lightbody wondered if paving the lot would prevent off-street parking. In response to an inquiry, Mr. Sandifer stated that if the variance were granted, the number of parking spaces would approximately double . bet -- Chairman Ernest wondered if granting this variance would -prolong the use of the non-conforming structure . • Page Five - Zoning Board of Adjustments Meeting - September 6, 1984 After further discussion, Chairman Ernest stated that he felt that granting this variance would be promoting business expansion since the grassy area is currently being used for parking. . Mrs. Lightbody asked if there was a fence around the proposed parking lot. Mr. Sandifer concurred that the owner would like to see an east/west fence on • the southern boundary of the property. Mr. Douglass made a motion to deny the variance because there is adequate parking except in peak hours and since the property is under non-conforming use . Mr. Gibson seconded the motion and the vote is as follows: Ayes: Mrs. Lightbody, Messrs. Douglass, Ernest, and Gibson Nays : Mr. Pasteur Chairman Ernest declared the variance was denied. IV. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:52 p.m. Chairman • • • • •