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HomeMy WebLinkAbout1995-05-15 MINUTES ZONING BOARD OF ADJUSTMENTS MAY 15. 1995 The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Bill Williams at 6:00 P.M. in the Council Chambers of the Euless Municipal Building. The Pledge of Allegiance was led by Roger Bates. The invocation was given by Jack Hill. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Bill Williams Marland Ernest Roger Bates Eddie Price Fred Bowen Jack Hill Randy Byers, Director of Public Works & Development Rod W. Tyler, City Planner Barbara Chambers, Supervisor Linda Lux, Staff Secretary VISITORS REGULAR AGENDA ITEM 1. ZBA #95-03 LOT 18-R, BLOCK 30, MIDWAY PARK ADDITION Request of Mr. Gary Puyear for a variance to Section 84-85(b)(4) of the Euless Code of Ordinances (Accessory Buildings[maximum height permitted/maximum floor area permitted]) located at 814 North Ector Drive Rod Tyler, City Planner, introduced the variance request and gave the location of the property. He stated there was an alley way behind the Puyear property. The alley is unpaved. The applicant has requested a variance to the accessory building requirements to allow an accessory building that would be higher than what would normally be permitted. The City of Euless Accessory Building Ordinance states that it allows the building of accessory building in the rear yard but also defines a maximum envelope that has to do with the closer you are to the property line the lower the building has to be. This particular proposed building encroaches into that imaginary envelope that is defined by the codes. Mr. Tyler informed the Board if they should ZONING BOARD OF ADJUSTMENT MEETING - PAGE TWO MAY 15, 1995 decide to approve the request if would require a minimum of four affirmative votes and should the Board decide to deny the request the applicant would not be able to erect an accessory building as presented. Chairman Williams explained the rules governing a variance request and then opened the Public Hearing. He asked the applicant if they had considered any alternatives that would not need a variance granted. Carol Puyear, 814 North Ector, was present as the applicant. She stated they had researched the City Codes with the Building Inspections Department and was told there would be a need to apply for a variance to the ordinance. She informed the board the alley was approximately 30' wide. There being no proponents or opponents, Chairman Williams closed the Public Hearing for discussion among the Board Members. They discussed the alternatives the applicant might have such as moving the accessory building closer to the house, changing the type of roof or changing the two car garage area to a one car stall since one side would be used only for tools, etc. It was discussed if the accessory building was moved closer to the home, it would be in compliance with the ordinance. The applicant stated she and her husband were open to all considerations. Mrs. Puryear also explained that the building would be two story with the top floor being for her hobbies and the bottom floor would be for Mr. Puryear's hobby. The bottom floor would house tools, a drill press, lathe and an automobile. There would be no driveway to the entrance. The motion was made by Board Member Bowen to deny the variance request as presented and it was seconded by Board Member Price. The vote was as follows: Ayes: Board Members Bowen, Price, Williams, Bates, Hill Nays: None The motion carried to deny the variance request ZBA #95-03 as presented. The motion was made by Board Member Bowen to approve the variance that would allow the building of the structure with exception to the rear yard set back requirements. The motion was seconded by Board Member Price. The vote was as follows: Ayes: Board Members Bowen, Price, Bates Nays: Board Members Williams, Hill The motion failed and the variance was denied. ZONING BOARD OF ADJUSTMENT MEETING - PAGE THREE MAY 15, 1995 ITEM II. ZBA #95-04 - LOT 2, BLOCK 8, OAKWOOD TERRACE ADDITION Request of Mr. Phillip Whitaker for a variance to Section 84-85(s) (1) a,c,d, & f of the Euless Code of Ordinances (Satellite Reception Dishes [ground mounting / maximum height / located behind the main structure / screened from the street and adjacent properties] ) located at 702 Clebud Drive Rod Tyler, City Planner, presented the information on the request for a variance to satellite reception dishes. Satellite Reception Dishes are a permitted use in a residential zone. They are allowed as long as they are not greater than 10' ft. in diameter and no more than 12' ft. in height and provided they are located behind the main structure and screened from adjacent property. He stated that in drafting these regulations to Council, they were aware there may be times when these conditions may not be met but still the intent of complying with City requirements are present. Mr. Tyler passed out photographs to the board members that the applicant had submitted. Mr. Phillip Whitaker, 702 Clebud, stated he purchased the satellite reception dish when he lived in North Richland Hills. When they moved to Euless he was not aware of the ordinances. He contacted the dealership\installation company and they informed him because of the large number of trees in his yard and surrounding yards, the only place he would receive reception/maximum efficiency would be from the north side of the structure. Chairman Williams called for proponents, there being none he called for any opponents to speak. Mr. Keith Hill, 700 Clebud, stated the satellite reception dish could be viewed from his daughter's bedroom, master bedroom and the front porch. He stated the dish is practically in his front yard. He informed the board members that the Whitaker's are good neighbors and have improved the looks of the area with landscaping and the upkeep on their property. However, he did not welcome the reception dish. He stated the reception dish is a backdrop for his video taping of the humming birds. Mr. Hill stated the sound from the reception dish is a nuisance to his daughter due to her hearing loss. He stated he would be willing to take out the pine trees or assist in removing anything on the lot lines in order to work with the neighbors. George Zahn, 701 Royce, stated his property joins the Whitaker's property on the west property line. He stated he could not see the dish from his property. He stated he had heard a number of these cases on another Board and there is an ordinance that the city provides a means by which a citizen can place a dish in their yard with guidelines. He stated the City needs to provide an ordinance that takes the burden off the residents and puts it on the contractor that tells the citizens where to place the dishes. The responsibility should be placed on the contractors because once they receive their payment they are no longer associated with the city or the resident. If the satellite dishes are installed against city code then the burden of expense is on the homeowner. Mr. Zahn also voiced his dislike for the applicant's cottonwood tree because of the debris that accumulates in his swimming pool. Mr. Zahn stated if it would help the ZONING BOARD OF ADJUSTMENT MEETING - PAGE FOUR MAY 15, 1995 applicant to remove the cottonwood tree, then he would make arrangements to do so. Mr. Zahn informed the Board that his statement to them would be for the Board to stick to the ordinance that is on the books and then look into a recommendation to the City Council, that through some means, the burden be taken off the homeowner. Chairman Williams asked for any other opponents, there being none he closed the Public Hearing. He opened the floor for discussion among the Board Members. The Board Members discussed the applicant removing his trees to allow for better reception. However, the surrounding neighbors have heavily wooded lots that still prevent maximum performance of the satellite dish. The applicant discussed alternatives if the board should deny the request for the variance including: 1.) relocate and move the dish behind the house; 2.) go to the dealership and explain the ordinance violation and ask them to get the dish into compliance. Mr. Bowen asked if the dish was greater in diameter than 10' ft. Mr. Whitaker stated the dish is 10' ft in diameter and from the ground to where the satellite dish sits on the mount is 12' ft. When the dish is aimed at the horizon the dish extends more than 12' ft. The Board Members made reference to the Unified Development Code, Section 84-Page 85 S(1), in which four violations have been marked by city staff. 1.) Shall be ground mounted only; 2.) Shall not extend more than 12 feet above the ground when the dish is aimed toward the horizon; 3.) Shall be located behind the main structure; and 4.) Screened from adjacent properties and streets by a landscape buffer or screening fence. Chairman Williams discussed the lot configuration and stated he did not feel the shape of the land was prohibitive. He stated he did not believe the definition of physical land features would include the trees, but rather the slope of land, etc. The motion was made to deny the variance by Board Member Roger Bates and seconded by Board Member Jack Hill. The vote was as follows: Ayes: Board Members Bates, Hill, Bowen, Price, Williams Nays: None The motion carried to deny the variance. ITEM M. ZBA SP#95-05 - LOT 3-R, BLOCK 2, BLOCK 2, TALL TIMBERS ADDITION Request of Mr. Henry Rahmani for Monarch Development Corporation for a variance to Section 84-107 (c) (3) of the Euless Code of Ordinances (Minimum Building Setback for Property Line) located at 1501 Cedar Elm Drive ZONING BOARD OF ADJUSTMENT MEETING - PAGE FIVE MAY 15, 1995 Mr. Tyler gave a brief description of the site location and stated the applicant is requesting a variance to the regulations that would require a setback of 25 feet from all property lines. This property is zoned Multi-Family. Apartment units were recently constructed on the existing lot and the site plan was approved by City Council and constructed accordingly. The add-on to the existing development was not permitted through the city and the building line violation was discovered when the applicant came in for a permit. The western edge of the structure is now single car garages and four additional storage area. The setback line is 25 ft. and there is an encroachment of the garage enclosures and storage space. Mr. Henry Rahmani was present as the applicant. He described his building techniques and his desire in saving as many trees as possible. He stated that each unit would have its own garage and six parking spaces for guests. This would prevent visitors from parking in the fire lane. Mr. Rahmani stated he also built storage areas for each unit. He stated one of the units is a three bedroom unit and the residents will have more than one car, so the garages, storage space and additional parking will keep residents from parking in the fire lanes. Chairman Williams opened the Public Hearing. There being no proponents or opponents, Chairman Williams closed the Public Hearing for discussion among the Board Members regarding the water drainage into the garages. Mr. Rahmani described how the garages were built as to not allow water into the garages. Mr. Rahmani apologized to the board regarding the oversight of not obtaining a permit. The motion was made by Board Member Price to grant the variance as presented and seconded by Board Member Bowen. The vote was as follows: Ayes: Board Members Price, Bowen Nays: Board Members Williams, Bates, Hill The motion was denied. The motion was made by Board Member Bates to grant a variance to allow garages #1,2 and 3 and storage areas #1, 2 and 3 and exclude storage area #4 from the variance. Chairman Williams seconded the motion. The vote was as follows: Ayes: Board Members Williams, Bates Nays: Board Members Bowen, Price, Hill The motion was denied. The motion was made by Board Member Price to approve a variance allowing garages#1, 2 and 3 and storage area #1, 2 and 3 and the existing roof overhang of storage area #4 with no enclosure or walls on storage area #4. The motion was seconded by Board Member Bowen. ZONING BOARD OF ADJUSTMENT MEETING - PAGE SIX MAY 15, 1995 The vote was as follows: Ayes: Board Members Bowen, Price Nays: Board Members Williams, Bates, Hill The motion was denied. The motion was made by Chairman Williams to grant a variance allowing garages #1, 2 and 3 and storage area #3 only. The motion was seconded by Board Member Price. The vote was as follows: Ayes: Board Members Williams, Bowen, Price Nays: Board Members Bates, Hill The motion was denied. The motion was made by Chairman Williams to allow reconsideration of the previous motion and seconded by Board Member Price. The vote was as follows: Ayes: Board Members Williams, Bowen, Price Nays: Board Members Bates, Hill The motion passed by simple majority. The motion was made by Chairman Williams to grant a variance allowing garages #1, 2 and 3 only to encroach the building line. The motion was seconded by Board Member Price. The vote was as follows: Ayes: Board Members Williams, Bates, Price, Bowen Nays: Board Member Hill The motion passed. Chairman Williams explained to Mr. Rahmani that his initial request was denied and a variance was granted to keep all three garages (#1, 2 and 3) as built with no changes. It also allows storage areas #1, 2 and 3 as built with no changes, but does not allow for storage area #4. He explained that storage area #4 would need to be brought into compliance. ADJOURNMENT: There being no further business the meeting was adjourned at 8:40 P.M. ZONING BOARD OF ADJUSTMENT MEETING - PAGE SEVEN MAY 15, 1995 /ti/9//7)/4. w; hair Bill Williams zha 1051595.min