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HomeMy WebLinkAbout1989-02-28 r CALLED MEETING EULESS BOARD OF ADJUSTMENT February 28, 1989 NOMINATION OF CHAIRMAN Due to the fact that the current members of this board had not met since being appointed, Mr. James Cribbs, City Attorney, recommended that a chairman be selected prior to the meeting being called to order. All members of this board elected Mr. Frank Douglass as chairman. CALL TO ORDER The called meeting of the Board of Adjustment was called to order at 6:09 p.m. in the Council Chambers of Euless City Hall by Chairman Frank Douglass. MEMBERS & STAFF PRESENT MEMBERS ABSENT Frank Douglass Jim Huneycutt Peter Staks Patrick Sims David Massey James Knight, City Engineer Rod Tyler, Senior Planner John Craig, Director of Inspections Jim Moy, City Inspector James Cribbs, City Attorney Cindy Bracken, Secretary VISITORS Jess Gadberry Larry Ingram PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mr. David Massey. INVOCATION The invocation was given by Mr. James Cribbs. PAGE TWO, BOARD OF ADJUSTMENT MEETING, FEBRUARY 28, 1989 I. PUBLIC HEARING - #ZBA-89-01 - REQUEST OF JESS GADBERRY, OWNER OF BELAIR AUTOMOTIVE AT 1600 WEST EULESS BOULEVARD, FOR A VARIANCE TO THE FRONT YARD REQUIREMENT TO ALLOW A GASOLINE ISLAND CANOPY TO EXTEND SIX AND ONE-HALF FEET (6 1/2' ) OVER THE MINIMUM TWENTY FOOT (20' ) FRONT YARD SETBACK FOR THE PROPERTY KNOWN AS LOT A1B, BLOCK 15, OAKWOOD TERRACE NORTH ADDITION. Chairman Frank Douglass opened the public hearing and asked if the applicant of this request was present. Mr. Jess Gadberry, 1600 West Euless Boulevard, Euless, Texas, presented the request for a variance to the front yard setback requirement to allow the gas island canopy he recently erected to remain as constructed. Mr. Gadberry distributed packets to the board members containing pictures of the service station as it previously existed and as it currently exists. The packet also contained letters from neighboring property occupants stating they did not object to the canopy. Mr. Gadberry explained the events which occurred prior to his requesting this variance. He applied for a building permit to erect a used canopy over gasoline islands. He was informed that there was a twenty foot (20' ) minimum front yard setback which was not met on the drawings submitted with the permit application. Mr. Gadberry then cut the size of the canopy down by eight feet (8' ) in order to meet the front yard setback. After the canopy was cut down, this left the outside service island uncovered but the supporting columns were located on this island. Mr. Gadberry then resubmitted application for building permit showing the new size of the canopy and indicating that the twenty feet (20' ) minimum front yard setback had been met. While the canopy was being constructed, the city inspector measured from the property pins which the surveyor located showing that the canopy was in compliance with the front yard setback. Upon a second inspection, it was noted that the property pins which were earlier located by a surveyor were incorrect pins and; therefore, when a remeasuring was done, the canopy was six and one-half feet (6 1/2' ) over the setback requirement. Mr. Gadberry stated that it was always his intent to comply with the City of Euless building codes. Mr. Gadberry stated that he had talked with a representative of the state highway department and had seen plans for the improvements to S.H. 10. These improvements would make the distance from the back of the proposed curb to Mr. Gadberry's property line much larger than exists now. Chairman Douglass asked the other board members if there were any questions which needed to be directed to Mr. Gadberry. Mr. Sims stated that he wanted to congratulate Mr. Gadberry on being so prepared and the packet being well put together. Chairman Douglass asked for any other proponents. There being none, he asked for any opponents. There being none, Chairman Douglass closed the public hearing. PAGE THREE, BOARD OF ADJUSTMENT MEETING, FEBRUARY 28, 1989 In response to a question from the board, Mr. John Craig, Director of Inspections, stated that the stakes used to originally measure the setback appeared to be out of alignment with other properties along S.H. 10. The discrepancy in the property pins was found when they remeasured from a "known" point up the street. This remeasurement showed a new location for the property pins that did align with others in the area. When the canopy was measured from the correct property pins, the canopy was found to extend six and one-half feet (6 1/2' ) over the setback line. He stated that, in his opinion, the canopy was not a structural or obstruction hazard nor did it pose a public safety problem. Mr. Cribbs pointed out that if this request was granted a precedence may be set for adjacent property owners to request a similar variance. There being no more discussion, Chairman Douglass asked if there was a motion to be made on this request. Mr. Staks commented that he agreed with the applicant, that the lot was an odd shape. Mr. Staks stated that he could think of no particular way to move the canopy back nor could he think of any advantage that would be gained by moving it back. He stated he could see no basis of injury or safety hazard caused by the canopy's location. He noted that the canopy could be located even closer to the street intersection than it is currently and be in compliance with current zoning codes. He stated that none of the adjoining property owners that had been notified of the variance request responded negatively, indicating to him that no injury to adjacent property owners would be done if the variance were granted. He stated that it was apparent that Mr. Gadberry had made an effort to comply with the city code requirements but just ran into some odd circumstances and, therefore, he did not think that this was a self-imposed hardship. Mr. Staks then made a motion to approve Mr. Gadberry's request for a variance of the twenty foot (20' ) front yard setback requirement in the zoning ordinance and allow the gasoline canopy to extend six and one-half feet (6 1/2' ) over the setback line in accordance with the drawings and documents provided. Mr. Massey seconded the motion and the vote is as follows: Ayes: Douglass, Staks, Massey, Sims Nays: None There being no further business, the meeting was adjourned at 6:41 p.m. "'"IiillIP Chairman