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Home My WebLink About1995-06-26 MINUTES ZONING BOARD OF ADJUSTMENTS JUNE 26, 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 Eddie Price. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Bill Williams Marland Ernest Roger Bates Fred Bowen Eddie Price Jack Hill Rod W. Tyler, City Planner Linda Lux, Staff Secretary VISITORS Donail Williams T. O. McNeill Charles Ross Scott Samuels REGULAR AGENDA ITEM 1. APPROVAL OF MINUTES FOR CALLED MEETINGS OF MARCH 20 AND MAY 15, 1995 The motion was made to approve the March 20, 1995 minutes as presented by Board Member Jack Hill and seconded by Board Member Eddie Price. The vote was as follows: Ayes: Board Members Hill, Price, Williams, Bates Nays: None The motion carried. The motion was made to approve the May 15, 1995, minutes as presented by Board Member Roger Bates and seconded by Board Member Jack Hill. The vote was as follows: ZONING BOARD OF ADJUSTMENTS MEETING - PAGE TWO JUNE 26, 1995 Ayes: Board Members Bates, Hill, Price, Williams Nays: None The motion carried. ITEM II: ZBA #95-06 - LOT B, BLOCK 11, AVANTE TOWNHOME ADDITION Request of Mr. Donail Williams for a variance to Section 84-85(s)(1) c & f of the Euless Code of Ordinances (Satellite Reception Dishes) [maximum height and screened from adjacent properties and street] located at 1530 El Camino Real. Rod Tyler, City Planner, stated the request was for a variance to the Satellite Reception Dish ordinance. The UDC states the Satellite Reception Dish is permitted providing it does not exceed twelve feet in height when aimed horizontally at the horizon and must be screened from adjacent property. The UDC also requires the satellite dish to be ground mounted. He stated in this particular case the Board would be looking at a 7' diameter satellite reception dish, which is within the perimeter of the UDC, but it is approximately 18' above the ground and pole mounted. According to Section 84-27 (10)(c), the Board of Adjustments has the authority to grant a variance to the satellite reception dish, providing that certain conditions have been satisfied. The Board must also decide whether the deviation being requested meets the spirit and intent of the Code. Mr. Donail Williams, applicant, stated he did not have a formal presentation for the Board, however, he presented pictures of the Satellite Reception Dish for the Board's review. He stated he had a contractor to construct the satellite reception dish and thought he knew the codes and restrictions. However, he stated he found out two years later, when he was cited, the contractor did not go through the proper process and now the contractor is out of business. Chairman Williams asked for any proponents or opponents. There being none he closed the Public Hearing for discussion among the Board. The Board had questions regarding the date of installation. The applicant informed the Board the satellite dish was installed in April of 1993. He stated he had the paperwork and receipt at home. Chairman Williams questioned whether or not there were any alternatives on the placement of the satellite dish. Mr. Donail stated the shape of the lot rendered alternatives unavailable. The applicant addressed suggestions of moving the dish closer to the retaining wall. The members of the Board offered suggestions to the applicant to help bring the satellite dish into compliance. Chairman Williams stated the problem was two fold; the satellite dish was too high and was not ZONING BOARD OF ADJUSTMENTS MEETING - PAGE 'THREE JUNE 26, 1995 screened. He stated by exploring the alternatives available, the applicant would come closer to compliance with the code. Chairman Williams asked if there was a possibility for the applicant to come close to compliance to fall within the degree of deviation and being small enough to still be within the intent and spirit of the code. The applicant stated he was trying not to get the satellite dish close to the neighbors property. If the dish was moved closer to the fence as it rotated it may hit the fence. Chairman Williams suggested since the dish was 7' in diameter, the applicant could place an eight foot pole no closer than 3 1/2 feet to the fence so the dish would clear the fence. The applicant did not know how any of the suggestions would work. The Board suggested he could discuss the proposals with staff. There was further discussion among the Board members regarding alternatives and land features. Chairman Williams stated the Board believed there was an alternative that does conform within the zoning laws and currently the applicant is not in conformance. He stated he hoped the applicant could use the alternatives to enjoy the property and his satellite dish in a way so that the laws of Euless were in conformity. The motion was made by Board Member Eddie Price to deny the request as presented and the motion was seconded by Board Member Roger Bates. The vote was as follows: Ayes: Board Members Price, Bates, Williams, Hill Nays: none The motion carried to deny ZBA #95-06. The applicant was encouraged to discuss the alternatives with staff in order to come into compliance with the zoning ordinance. ITEM III. ZBA #95-07 - LOT 9, BLOCK 6, OAKWOOD TERRACE ADDITION Request of Mr. Scott Samuels for Samuels Construction Company for a variance to Section 84-102(c) (4) of the Euless Code of Ordinances (Minimum 25 foot building setback from property line) located at 610 Clebud Drive. Rod Tyler, City Planner, stated this request was for a variance to the 25-foot setback from structures to the property line requirements of the Unified Development Code at 610 Clebud Drive. Mr. Samuels is asking for a variance to the 25' setback requirements for a carport, of which one corner post encroaches into the required front yard. The City Attorney has reviewed this request and determined it is within the authority of the Board of Adjustments to grant this variance. Mr. Scott Samuels, Scott Samuels Construction Company, stated earlier this year Mr. Tom ZONING BOARD OF ADJUSTMENTS MEETING - PAGE FOUR JUNE 26, 1995 McNeill contracted his company to do some interior and exterior remodeling. He contracted to do a carport approximately 19' X 25'. He stated he came to the City for a building permit and Kevin Mercer, Building Official, informed him if he stayed within the requirements of the Code he would be alright with the building. He stated because the lot was on a curve the corner of the post encroached into the 25' setback by 11". Chairman Williams asked for any proponents to speak in behalf of the variance request. Mr. Charles Ross, 608 Clebud, and Mr. Thomas McNeill, owner of the property, spoke in behalf of the request. There being no opponents to speak against the request, Chairman Williams closed the Public Hearing for discussion among the Board members. There was discussion among the Board members regarding only the southeast corner not being in compliance. Chairman Williams stated due to the shape of the lot and the small degree of encroachment, he felt the request falls within the spirit of the code. The motion was made by Board Member Roger Bates to approve the variance request as presented and the motion was seconded by Board Member Jack Hill. The vote was as follows: Ayes: Board Members Bates, Hill, Williams, Price Nays: none The motion carried to approve the variance request. ADJOURNMENT: There being no further business the meeting was adjourned at 7:06 P.M.• f� L' i /74:// - Chairmaof Bill Williams zba 1062695.min