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HomeMy WebLinkAbout1995-01-31 MINUTES ZONING BOARD OF ADJUSTMENTS JANUARY 31. 1995 The regular meeting of the Zoning Board of Adjustments was called to order by Vice Chairman Bill Williams at 6:00 P.M. in the Council Chambers of the Euless Municipal Building. The Pledge of Allegiance was led by Eddie Price. The invocation was given by Bill Williams. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Bill Williams Marland Ernest Jeff Welch Jack Hill Roger Bates Eddie Price Fred Bowen Rod W. Tyler, City Planner Linda Lux, Staff Secretary ,,. VISITORS Councilman Henry Boatright Roxann Myers Laverne Hallmon Claude Hallmon REGULAR AGENDA ITEM 1. ZBA #94-02 - LOT 2-R, BLOCK 1, TALL TIMBERS ADDITION Request of Mr. J. E. Helland for a variance to the minimum required rear yard setback requirements for a patio cover located at 1593 Tall Timbers Drive. Vice Chairman Williams opened the Public Hearing for #94-02 ZBA, Lot 2-R, Block 1 of Tall Timbers Addition. Rod Tyler, City Planner, gave an overview for ZBA case #94-02. The request is for a variance to the minimum required 15' rear yard setback as required by the zoning code. The property is zoned for Planned Development for the zero lot line houses in this development. He stated the patio cover was constructed several years ago without knowledge to the City and no permits were issued for the patio cover. ZONING BOARD OF ADJUSTMENTS MINUTES - PAGE TWO ,�. JANUARY 31, 1995 Vice Chairman Williams called for the applicant to present their request for the variance. Ms. Roxann Myers, Century 21 Realtors, represented the homeowner, Mr. Helland. She stated the patio cover had been there for approximately 10-11 years in order to protect the house from the west sun and rain. She stated there had been no complaints until now. The patio cover cannot be seen from the street due to the landscaping. The home is on the market currently to be sold. Vice Chairman Williams asked how large the patio cover was because it appears to extend approximately 8' over the building line. The cover is 8' X 4' and extends past the building line 7' 6" according to the drawing. The patio cover is attached to the roof and is constructed of wood. Ms. Myers stated there were not any alternatives that could be considered that would give the same results as the patio cover. Vice Chairman Williams asked about other alternatives such as landscaping or awnings. Ms. Myers stated there was not enough room for additional trees and she was unaware of any other alternatives the homeowner might have considered. Vice Chairman Williams asked for any proponents or opponents that would like to speak. There being none he closed the Public Hearing. Rod Tyler explained the minimum standards for a typical zoning ordinance. He stated the City ,.. of Euless has 25 ft. standard front yard setbacks in the residential zones and 15 ft. minimum rear yard setbacks. This means that a resident may build up to the setback standards but not past them. The setback standards are determined by several factors such as easements, proximity of one house to another (privacy), the amount of lot coverage (advantage of grassy area for drainage), etc. There was discussion among the Board on the comparison of this lot with others in the area. This lot is 90 ft. in depth which is extremely shallow. Vice Chairman Williams expressed a concern with granting the variance because of the cover extending into the 15' ft building line; no explanation of alternatives such as screening devices of trees or shrubs; and the fact that the cover has already been constructed. However, the Board determined that this particular lot was unique in size and shape. Mr. Tyler stated this situation was noticed by TU Electric because they needed to get to utility lines on the north side of the property. They could not get to them because of the deck cover and called the City Inspector for the violation. The City then found that the deck cover was indeed in violation. The property owner removed the deck to allow TU access and then replaced the deck. Mr. Tyler instructed the Board they could put any reasonable conditions on granting a variance that would have a negative impact on adjacent property. Board Member Fred Bowen moved to grant the variance on ZBA #94-02 - Lot 2-R, Block 1, Tall Timbers Addition , with the condition that there be no enclosure to the structure and it shall *., remain open as it stands this date. The motion was seconded by Eddie Price. ZONING BOARD OF ADJUSTMENTS MINUTES - PAGE THREE JANUARY 31, 1995 The vote was as follows: Ayes: Board Members Bowen, Price, Williams, Bates, Welch Nays: None The motion carried. ITEM H. ZBA #95-01 - LOT 8, BLOCK 22, MIDWAY PARK ADDITION Request of Ms. Laverne Hallmon for a variance to the minimum required front yard setback requirements for a carport located at 426 Limestone Court. Rod Tyler, City Planner, stated the City of Euless has a 25' ft. building line requirement in the front yards. Mr. Tyler explained the zoning codes regarding building line requirements. He stated this request is for a variance to the front yard building line requirements in order to construct a carport. The applicant, Laverne Hallmon, stated the garage was already enclosed when she purchased the home. She stated she had no way of knowing when she bought the home that her mother would be living with her. She needs the carport for her elderly mother to get to and from the house and she needs it also for the protection of her car. She stated it would not demean the neighborhood in any way. The carport would not be attached to the house and felt it would look nice. She stated she could not construct anything in the back of the house because there is not enough room on the side yards to maneuver the car into the back yard. The Board Members had questions to the applicant regarding any other homes that may have carports. The applicant reported there were no houses close to her that had carports, however, there is one house to the north of her that has a carport on the side of the house. The members asked if there were any alternatives considered to the carport. The applicant stated there were no other alternatives except for the carport because of limited space on the lot. Mr. Claude Hallmon spoke in favor of the request stating that Mrs. Hallmon's mother is 87 years old and it is difficult for her to get in and out of the car. Vice Chairman Williams closed the Public Hearing and opened the meeting for discussion among the members. The Board Members discussed whether or not the surrounding neighbors would want to do the same thing if this request was approved. It was reported by Fred Bowen that he had driven by and there were 8 houses on Freestone with garage enclosures without overhang. Mutual access ,,, between neighbors was discussed as a possibility in order to gain access to the back yard. Mr. ZONING BOARD OF ADJUSTMENTS MINUTES - PAGE FOUR JANUARY 31, 1995 Tyler reported this had been done on a few cases, however, normally this would serve both neighbors purposes and be mutually advantageous. He stated there are a small number of carports that extend beyond the building line scattered throughout the older parts of the City, but there are very few. Vice Chairman Williams expressed difficulty in granting this request because of location and type of lot. He felt that by granting this request, it would set a precedent because of the large number of smaller homes in the area. He stated he felt by granting this variance, the Board would be granting a special privilege that they may not be willing to repeat. The Board Members discussed the Decision Tree (the chart used in the approval/denial process for zoning variances) and were afraid of the long term effects of granting this request. The members voiced concern over the proposed carport extending out too far from the building line. Board Member Fred Bowen made the motion to deny ZBA #95-01 - Lot 8, Block 22, Midway Park Addition and Eddie Price seconded the motion. The vote was as follows: Ayes: Board Members Bowen, Price, Williams, Welch, Bates Nays: None The motion carried to deny the variance by unanimous vote of the Board. ITEM III. ELECTION OF OFFICERS Nominations were taken for the offices of Chairman and Vice Chairman. It was explained that alternates serve on the Board for three years. The duties of the Chairman are to conduct the meeting and give all interested parties a chance to be heard. Vice Chairman Williams stated it was important for protocol to be followed in order to not violate any rules. Board Member Bates made the motion to nominate Bill Williams as Chairman of the Zoning Board of Adjustments and the motion was seconded by Board Member Price. The vote was as follows: Ayes: Board Members Bates, Price, Welch, Bowen Nays: None Abstain: Board Member Williams The motion carried to elect Bill Williams as Chairman. ZONING BOARD OF ADJUSTMENTS MINUTES - PAGE FIVE JANUARY 31, 1995 Board Member Price made the motion to nominate Jack Hill as Vice Chairman of the Zoning Board of Adjustments and the motion was seconded by Board Member Bowen. The vote was as follows: Ayes: Board Members Price, Bowen, Bates, Welch, Williams Nays: None The motion carried to elect Jack Hill as Vice Chairman. Rod Tyler explain the process for the approval of minutes. ADJOURNMENT: There being no further business the meeting was adjourned at 7:39 P.M. ./7 / /// ,/,/w/y1 C airman ill Williams zba 1013195.min