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HomeMy WebLinkAbout1995-08-28 MINUTES ZONING BOARD OF ADJUSTMENTS AUGUST 28, 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 Fred Bowen. The invocation was given by Marland Ernest. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Bill Williams Marland Ernest Fred Bowen Roger Bates Eddie Price Jack Hill Rod W. Tyler, City Planner Linda Lux, Staff Secretary VISITORS Brad Broberg John Thomas Craig Graff Richard Brit Vernadine Hallon MINUTES: Jack Hill made the motion to approve the July 17, 1995, Zoning Board of Adjustments Meeting minutes as presented and the motion was seconded by Eddie Price. The vote was as follows: Ayes: Board Members Hill, Price, Williams, Ernest, Bates Nays: None The motion carried to approve the July 17, 1995, ZBA meeting minutes as presented. ZONING BOARD OF ADJUSTMENTS MEETING - PAGE TWO AUGUST 28, 1995 REGULAR AGENDA ITEM I. ZBA #95-10 - LOT 43, BLOCK A, ARBOR GLEN H ADDITION Request of Mr. John Thomas of Sovereign Homes, for a variance to the minimum 10 foot rear yard setback required by PD #1125 (Planned Development) district located at 209 Arbor Park Drive Chairman Williams opened the Public Hearing for ZBA #95-10 - Lot 43, Block A, Arbor Glen II Addition. Rod Tyler, City Planner, introduced the variance to the minimum 10 foot rear yard set back. He stated Arbor Glen II is zoned Planned Development#1125 and these are standards established by City Council with this Planned Development ordinance. The minimum lot size is 4,000 square feet. The Development Review Committee had reviewed this request and found that granting the variance would not impede or impact city services. Mr. John Thomas, 9417 Windsor Circle, Fort Worth, Texas, stated he was the production manager for Sovereign Homes. He stated the proposed house encroaches into the minimum required rear yard by 3' 5". Board Member Ernest stated there were other types of houses that would fit on this lot and even the current plans could be modified to meet the lot requirements. However, the lot is different from the other lots in the development and if the house had been built on the lot next door there would not be a problem. Marland Ernest asked if the builder had built on Lot 41 yet and asked if they would be back for another variance. The builder responded they had not built on Lot 41. Mr. Thomas stated they always try to adjust the plans to the lot sizes, however, if the home buyer does not want the adjusted plans then they try to please the buyer. Mr. Thomas stated they offer approximately 8 different house plans and are in the process of getting more plans to fit the lots. From the 8 different house plans, only one or two of the plans would fit on this particular lot without a variance being needed. He also explained that Lot 43 would be a green belt with swimming pool, etc. Mr. Thomas stated there were no considerations given to increasing the lot size by decreasing the green belt because of proximity. He also stated they had discussed reducing the two car garage area, but the buyer refused. After further discussion among the Board Members regarding the 10 ft. side easement for Lot 42 adjacent to Lot 43, Rod Tyler stated there was an easement on the plat. The building along the side of the property lines complies with what was currently platted. ZONING BOARD OF ADJUSTMENTS MEETING - PAGE THREE AUGUST 28. 1995 Chairman Williams asked if there were any other proponents or opponents, there being none he closed the Public Hearing. Marland Ernest stated the biggest factor was the fact that the lot prohibited the building of the structure comparable to that of other lots and there was no impact to surrounding property either present or future. Marland Ernest made the motion to approve ZBA #95-10 as presented and the motion was seconded by Eddie Price. There was discussion among the Board Members regarding their concern for future variance cases in this development. Mr. Thomas assured the board members they were trying to prevent this from happening again and informing the buyers what type of house will be built on which lots. The vote was as follows: Ayes: Board Members Ernest, Price, Williams, Bates, Hill Nays: None The motion carried. ITEM II. ZBA #95-11 - LOT 1, BLOCK A, BEAR CREEK VILLAS 1 ADDITION Request of Mr. Bradley Broberg for Texas Property Investor 1, Ltd., for a variance to Section 84-107 (c)(3) of the Euless Code of Ordinances (R-3 Multiple-Family Low Density Dwelling District) minimum 25 foot building setback from all property and right-of-way lines located at 500 E. Harwood Road Chairman Williams opened the Public Hearing on ZBA #95-11, Lot 1, Block A, Bear Creek Villas 1 Addition. Rod Tyler, City Planner, gave an overview of the request. The request was for a variance to the 25 foot building setback. He stated this 25 foot building setback ordinance had been in effect and enforced for more than twenty years. The encroachment on the west side of this development was brought to the City's attention when the property to the west began to develop and drawings were submitted showing where buildings were located. The encroachment to the south appeared to be encroachments on the deed split line which the City of Euless does not recognize at this time. In order to get building permits on the property, a proper plat would have to come into play and a plat cannot be approved that does not comply with the zoning code. ZONING BOARD OF ADJUSTMENTS MEETING - PAGE FOUR AUGUST 28, 1995 He further stated that the DRC had reviewed this request and determined that the variance that is being proposed does not adversely affect the City from providing essential services. Brad Broberg, 4950 Westgrove, Dallas, Texas, represented Texas Property Investors, recent purchaser of the multi-family development. The multi-family units were already developed by the time they were purchased by Texas Property. The encroachments were already in existence and the setbacks were violated when the property was purchased. The setback line on the left had been taken care of by the adjacent property owner and the same situation could develop on the south with a substantial process. He stated the encroachments were not an irreconcilable issue. He stated these were the reasons for the request of a variance. He stated the land was deed split prior to their purchase. He stated he thought the original developer owned the north and south property and possibly the west property. Board Member Ernest asked if this case had been before the ZBA prior to this request. Rod stated it had not been before ZBA before, however, a similar case (Tall Timbers at Fuller Wiser and Ash Lane) had been before the Board. Chairman Williams asked if any attempt had been made to locate the owner of the south property to investigate the possibility of purchasing a 25' setback strip of land so that the applicant would be in compliance. Mr. Broberg stated he had not been involved in any such attempt, but he felt the purchaser of the south property was aware of the encroachment and Texas Property Investors should not be penalized. He also had not received any negative or positive feed back on his request from either property owner. Board Member Hill asked for specific information regarding the accommodations made by the property owner to the west. Mr. Broberg stated the accommodations were that the property owner to the west was not permitted to build very close to their building, put up fencing and landscaping in order to separate the developments. Mr. Hill stated he felt there were no guarantees on what the accommodations were. Rod Tyler explained the 25' perimeter by stating this was not a lawfully platted lot line, but it shows a single parcel owned by two property owners. The tax office has delineated a line and does recognize that one owner does own one part and another owner owns the other. The City of Euless does not recognize this lot line. The City is the sole authority over subdivision of property and the last available record on this property was Lot 1, Block A which includes the entire 9-10 acres. This lot line does not comply with the City's zoning code requirements because it is too close to one of the buildings. Mr. Tyler stated if the applicant is proposing to replat Lot 1, Block A into two parcels (north - south) and proposed this lot line, it would not go before the Board because it does not comply with city code requirements. In order to comply with city code requirements, there are three options: 1.) comply with as written, 2.) obtain variance with ZBA, and 3.) change the code. ZONING BOARD OF ADJUSTMENTS MEETING - PAGE FIVE AUGUST 28, 1995 There was further discussion among the Board Members regarding the lot line on the south side of the project, set backs and subdivided owners. Rod Tyler stated that the property owner to the south is not any better off than the client to the north. If the southern owner wants to get a permit, the northern owner and he are partners; or they will have to subdivide the property so it complies with the code requirements. In order to replat Lot 1 into Lot 1 A and Lot 1B, both owners will have to have their signatures on the plat. Neither party can replat without the other. Mr. Broberg requested the western variance be considered separately from the south side variance. Chairman Williams asked for proponents and/or opponents to speak. There being none, Chairman Williams closed the Public Hearing and opened the floor for discussion among the Board members. The Board Members discussed the southern line not being recognized by the City. It was also decided the applicant could obtain a Certificate of Occupancy with a variance being granted on the west side. It was also established that the western encroachment does exist and is a violation and the Certificate of Occupancy cannot be issued since there is a violation. The southern side is a request for a future property line and if not granted then other remedies will have to occur. Eddie Price made the motion to approve the variance request in part for the west boundary and deny the southern boundary portions. The motion was seconded by Jack Hill. There was a brief discussion among the Board Members. The vote was as follows: Ayes: Board Members Price, Hill, Williams, Bates, Ernest Nays: None The motion carried. ITEM III. ZBA #95-12 - LOT 3-AR, BLOCK 15, OAKWOOD TERRACE ESTATES Request of Dr. Kevin E. Witt, owner of Witt Chiropractic Clinic, Inc., for a variance to Section 84-111(c)(2) of the Euless Code of Ordinances (C-2 Community Business District) minimum 20 foot building setback from the property line located at 503 W. Euless Boulevard Rod Tyler, City Planner, gave an overview of the case. He stated this was a variance to the building set back line. This variance is along a street frontage and is required to be a 20' setback. He stated the variance was for the east side of the building adjacent to Norman Drive ZONING BOARD OF ADJUSTMENTS MEETING - PAGE SIX AUGUST 28, 1995 and Dr. Witt was currently going through a remodeling. The wall is within the setback regulations but the roof extends over the building line, which is permitted for a certain distance. In addition, Mr. Witt is requesting a storage area to be added, and basically move the existing wall in a northeasterly direction toward Norman. The building would still be within the setback requirements except for the very corner which would extend 2 1/2 to 3 feet over the building line. The DRC had reviewed the request and has determined that the variance would not impede the city from providing essential services. He informed the Board Members that the Board of Adjustments does have the authority to grant variances to the building setback requirements providing the criteria has been met according to the Board's opinion. Chairman Williams opened the Public Hearing. Mr. Joe Thornton, 503 W. Euless Boulevard, stated currently there is an existing building on the property that appears to have been a gasoline station previously. The existing overhang on the building was 13' high. He stated the roof line was extended to approximately 9 ft. around the front and sides. The roof line is across the building line. The applicant was proposing to build a storage area under the existing roof line which would also be over the building line but it would appear as a remodel with a 2' overhang. He felt this would be aesthetically pleasing. Chairman Williams called for proponents and opponents, there being none he closed the Public Hearing. Chairman Williams stated the lot had an irregular shape and felt the roof line would go with the structure of the building. He stated he felt comfortable with the request. There was no further discussion among the Board Members. Jack Hill made the motion to approve ZBA #95-12 as presented and the motion was seconded by Roger Bates. The vote was as follows: Ayes: Board Members Hill, Bates, Ernest, Williams, Price Nays: None The motion carried. ADJOURNMENT: There bei,n,g no furth e3,busine,,,the meeting was adjourned at 7:54 P.M.//e{,y/7, ,,,t,/ 0(,. / 17 - /' / . / hairm Bill Williams 7 ZBAI082895.min