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HomeMy WebLinkAbout1984-09-24 ZONING BOARD OF ADJUSTMENTS MEETING City of Euless 201 North Ector Drive Euless, Texas September 24, 1984 CALL TO ORDER The Zoning Board of Adjustments (ZBA) Meeting was called to order at 7 :00 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 Thomas Hollywood Diane Nelson Buddy Luce- Howard & Faye Pagnard Helen Morris Nevin Carver Betty Heinemann G. G. Stagner Mr. & Mrs. James L. Clay J. P. Alexander Elvera Stagner Lafon Wynne INVOCATION The invocation was given by Mr. Ralph Gibson. OLD BUSINESS I. CONTINUATION OF PUBLIC HEARING - .ZBA #40 (1984) - REQUEST OF JIMMY & CATHERINE HALE FOR A VARIANCE OF THE FRONT AND REAR YARD SETBACKS ON LOT 92, KNOB HILL MOBILE HOME PARK Chairman Ernest explained the rules and the reason for the delay in hearing this case . Mr . Ron Addison , 8701 Bedford-Euless Road , Suite 600, in Hurst , representative of the petitioners , presented the request for the variance . He explained that the original plat was one large lot and within the subdivision were rental trailer stands . After the Replatting of Knob Hill Mobile Home Park into individual lots, some of the lots were in violation of zoning regulations and still are at the present time . Mr. Addison stated that the Hale ' s lot size in addition to the setback requirements were not adequate to fit a 14'x60' mobile Page Two - Zoning Board of Adjustments - September 24 , 1984 home . Ile further explained that Mr. and Mrs. Hale did not intend to violate any ordinances and had contacted the City by phone before buying the mobile holm, . He felt that an unnecessary hardship would be placed on the Hale 's and other mobile home owners in the park if the variance was not approved. Mr. Addison presented a petition of 34 people - in the park who had no objection of this variance request and also presented an encroachment agreement from Texas Power & Light and Southwestern Bell stating that they had no problems with utility easements on this lot . As yet he had not received a response from Lone Star Gas Company and Storer Cable . He stated that he had met with the City Attorney and the Homeowner' s Association to discuss methods to prevent this problem from reoccuring again but had not reached any reasonable conclusions . After an inquiry, Mr. Addison stated that there were currently deed restrictions covering the Mobile Home Park and that they were enforceable . Mr. Hale stated that the trailer had been on the lot for approximately one year and that a citation was issued three months after the initial move in . He also stated that this was his second mobile home in Knob Hill Mobile Home Park and that he was aware of the deed restrictions of the Park. Mr. Addison remarked that the easement release by Southwestern .Bell was fr the present mobile home and that his clients would have to comply with City • Ordinances if the mobile home is moved or destroyed. • Chairman Ernest asked for any other proponents. Mr. Vernon Motley, 55 Kelly Circle, and owner of the two lots directly behind the Hale ' s, explained that the utility lines were on his property. He desired to see the necessary changes in order to alleviate any future problems as this and felt that granting the variance would not bother anyone . _ There being no additional proponents, Chairman Ernest asked for any opponents . • Attorney Buddy Luce , 433 E. Los Colinas, represented the Knob Hill Homeowner' s Association. He felt that Mr. Hale had lived there for six years and should comply with the rules , regulations, and ordinances . He added that there would be no discrepancies had Mr. Hale discussed this issue with the Association . Mr . Hale should have measured the lot prior to buying the new mobile home . He -- submitted numerous photographs which showed the mobile home and the lot in relation to the gas meter. He remarked that the utility companies might not wish to grant too many encroachment agreements because of the inconvenience involved should they need to get to the utility lines . He commented that the Hale ' s should have been aware of the rules before they moved in the new trailer. Mr. Luce submitted a list of actions between the homeowner ' s Association and the residents in order to keep their neighborhood orderly and in compliance with the rules and regulations. Mr. Thomas Hollywood , president of the Homeowner's Association, stated his opposition to granting the variance . He commented that the Association tries to follow City ordinances , codes, rules and regulations . Mr. Howard Pagnard , 26 Kenneth, commented that he had tried to remodel his mobile home two years ago and the Code Enforcement Officer, ruled that in so doing, there would be a violation of the setback requirements . He complied with the ruling and feels the Hale 's should also. Page Three - Zoning Beard of Adjustment - September 24, 1984 Mr . Nevin Carver, 34 Kenneth, was concerned with the future of the Park and opposed the variance . He submitted and pointed out certain parts of contractual agreements that each owner must sign stating that one must abide by the rules of the Homeowner's Association as well as the City ordinances. He felt that if the variance was granted , all control and enforcement by the Homeowner's Association would be lost . Mr. J. D. Alexander, 39 Kenneth, approves of the restrictions as laid out in the contract and does not want the rules destroyed. Chairman Ernest granted a time of rebuttal by the proponents and opponents . Mr. Addison stated that the issue was the ordinance and variance being a part of State statute. He waS concerned with compliance with City codes. If the variance was granted, Mr. Hale would be in compliance . According to ordinance , -- there is to be a twenty foot separation between trailers. There would be a separation of between twenty-three feet and twenty-eight feet, which means that the Hale 's would meet fire codes. He wished to see the variance granted for the present trailer only. Mr. Luce cited Section 13-204 (j ) of the Zoning Ordinance, and he felt that there is no unnecessary hardship at stake. He requested denial . Chairman Ernest closed the public hearing and stated that there would be discussion among the board members and then a decision rendered . He read a portion of-the City Attorney's letter of June 4, 1984, regarding the granting of this variance : "That the literal enforcement of the side , front and rear yard set-back requirements of the Euless Zoning Code would result in an unnecessary hardship to Mr. Hale and that a variance therefrom is necessary to permit use of his particular lot in the Knob Hill 1iobi1.e Home Park, as a result of the fact that such lot differs from other lots within the mobile home park by being of such restricted area, shape or slope that it cannot be used in a manner commensurate with other lots within the mobile home park. That such variance is not needed to relieve a self-created or personal hardship, nor for financial reasons only. That such variance , if granted, will not permit Mr. Hale a privilege in the use of his mobile home lot that would not be allowed to other users of other lots within the mobile home park. " _ After a lengthy discussion among the members, Chairman Ernest entertained a motion. Mrs . Lightbody made a motion to deny the variance request . Mr. Gibson seconded the motion, and the vote is as follows : Ayes : Mrs. hi.ghtbody, and Messrs . Ernest and Gibson Nays : None Abstaining : Messrs. Douglass and Pasteur Chairman Ernest declared the motion carried . Mr. Knight stated that the City would work with the Hale 's to give them adequate time to move the mobile home from the site . Page Four - /,on in}: _ISu_ir(I oI. AALI jos( 'no nL - Sep Loniher /i1_ l984 II. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:30 p.m. Chairman • 1