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HomeMy WebLinkAbout1996-01-29 MINUTES ZONING BOARD OF ADJUSTMENTS JANUARY 29, 1996 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 and Invocation was given by Jack Hill. MEMBERS AND STAFF PRESENT MEMBERS ABSENT Bill Williams Fred Bowen Roger Bates Eddie Price Jack Hill Gene Sloan Curtis Wallace Randy J. Byers, Director Public Works & Development Rod W. Tyler, City Planner Barbara Chambers, Supervisor Linda Lux, Staff Secretary VISITORS Eric Harris Lee Cook Richard Payne Tim Mayo Peggy Schlinke MINUTES: Chairman Williams stated the minutes from the previous meeting had already been approved, signed and filed. No action was required. Chairman Williams reviewed the format of the Zoning Board of Adjustments meeting including procedures for agenda items, voting, staff presentations and applicant presentations. ZONING BOARD OF ADJUSTMENTS MEETING - PAGE TWO JANUARY 29. 1996 REGULAR AGENDA ITEM I. ZBA #95-13 - LOT 14, BLOCK 1, GREEN HILLS PARK ADDITION Request of Mr. Eric Harris for a variance to Section 84-102(c)(4) of the Euless Code of Ordinances (R-1 Single-Family Detached Dwelling District) minimum 25 foot front yard setback from the property line located at 1207 Donley Drive Chairman Williams opened the Public Hearing and asked for Rod Tyler to give the staff presentation. Rod Tyler, City Planner, stated the location of the request as 1207 Donley, which is north of Harwood and east of Hwy 157. This neighborhood is consistent with the R-1 zoning district standards which requires 25' building line setbacks. He stated Mr. Harris is asking for a variance in order to not move the already constructed carport. The existing carport encroaches over the building line approximately 11 feet leaving 13 feet to the building line setback. Mr. Tyler stated the City Attorney had reviewed the request and determined the Board does have the authority to act on this request providing the Board is satisfied with the conditions stated in the Unified Development Code. Mr. Eric Harris, applicant and homeowner, stated he did not know he was to get a building permit. He stated the next door neighbor already had a carport constructed. He stated after the spring storms last year and damage to his automobiles, he wanted to have a carport built. The previous owner of the property built a hallway that extends into the garage which makes it impossible to park his vehicles in the garage. He stated he wanted to keep the vehicles off the road and in the driveway because of the children in the neighborhood. Mr. Harris stated he had to plead ignorance regarding the permit. He stated he felt that the contractor should have obtained the permit. Lee Cook, the applicant's brother-in-law, stated the way the building is situated on the property there is only 3 feet between the building line and the front of the house. He stated according to the Codes of the City, the house is actually built wider than the minimum sideyard standards. He stated it was impossible to build out from the house or to either side. Mr. Cook stated the only way to have protective covering was to be granted a variance to the 25' front yard setback. There being no other proponents or opponents, Chairman Williams closed the Public Hearing. He opened the floor for discussion among the Board Members. The Board Members discussed the degree of deviation being requested and whether it met the intent and spirit of the code. Board Member Price stated, according to the aerial map, there ZONING BOARD OF ADJUSTMENTS MEETING - PAGE THREE JANUARY 29, 1996 would be many other variance requests if this request was approved. Chairman Williams concurred that if this variance was granted he would have concerns regarding consistency and uniformity and the Board would have to grant all of the variances. Board Member Hill stated if the Board changes the number of feet for this setback, it would not only be future request for carports it would be garages, etc. He felt if the Board approved the carport then the ordinance needed to be changed and the Council should be the body that legislates the changes. Board Member Hill made the motion to deny #95-13-ZBA and the motion was seconded by Board Member Bowen. The vote was as follows: Ayes: Board Members, Hill, Bowen, Bates, Williams, Price Nays: None The motion carried to deny #95-13-ZBA. Rod Tyler, City Planner, stated this case has caused additional review on the part of the City and Code Enforcement has looked at approximately 36 violations. These will be compared with variances that have been granted in the past. Those that are in violation will be reviewed to see if action will be taken, then Notices of Violations will be mailed. He informed the applicant that his structure would have to be removed, however, he would be given a reasonable amount of time to do so. He informed the applicant that he needed to contact the City's Building Inspection Department to assist him. ITEM II. ZBA #95-14 - LOTS 12 AND 13, BLOCK 1, BEAR CREEK BEND III ADDITION Request of Mr. Don Evans, Pulte Home Corporation of Texas, for a variance to the side yard requirements for Planned Development#1122 for Lots 12 and 13, Block 1, Bear Creek Bend III Addition located at 200 Madisson Drive and 201 Foreman Drive Chairman Bill Williams opened the Public Hearing. Rod Tyler, City Planner, gave a brief overview of the request. He stated the property is zoned for Planned Development for single family detached dwellings. He stated a note was placed on the site plan that governs this property stating that no two four foot side yards will be adjacent to one another. This was approved by City Council. After Pulte starting looking at the subdivision and planning out where they would place their lots, they ran into the situation where because of the 15' side yards and the size of the lots, they had two lots in the subdivision that they were unable to make work with the building plans they had for the site. They could make them work if they were allowed to ZONING BOARD OF ADJUSTMENTS MEETING - PAGE FOUR JANUARY 29. 1996 have two 4' side yards adjacent. Richard Payne, Carter & Burgess, represented the Pulte Homes in the request. He stated that Pulte had analyzed all of the remaining lots and determined they will not need any other variances. Board Member Price asked if the adjacent property owners were aware of the request for the variance. Mr. Payne stated Pulte realized there was a problem when the lots were in the process of being sold, however they lost the sale on these two lots. Homes had already been constructed on Lots 11 and 14. There was discussion among the Board Members on why Pulte wasn't being proactive prior to the homes being constructed and foundations being poured. There were currently no contracts pending on either lot. Mr. Payne stated the only alternative, if the ZBA did not approve the request, would be to redesign a plan to specifically fit those lots. He stated they did not have a plan that would accommodate the lot. Mr. Mayo, Project Manager for Pulte, stated the alternative would be to build a 36'-37' foundation and place a two story home on the lot. Mr. Mayo stated the building permits were denied because of the two lots and this was the first he knew of the problem. Mr. Mayo stated the problem occurred because of the previous zoning request being denied. Mr. Brad Myer handled the zoning change request. Mr. Mayo came into the project in January, 1995 and was unaware the changes were not reflected on the drawings. Peggy Schlinke, 202 Madisson Drive, stated she had purchased the small home model and she did not want Pulte to build the same house next door. She felt if the Board approved the variance, then the small house model would have to be built. She stated Pulte had informed her there would be no problem and that a two story home would be built on the lot. Mr. Mayo stated the forms that are in place on the lot were for a two story home, however they are not in compliance with the side yard regulations. They stopped construction prior to the foundation being poured until the matter could be resolved. Chairman Williams asked for any other proponents or opponents. There being none, he closed the Public Hearing. Board Member Price made the motion to deny ZBA #95-14 as requested and the motion was seconded by Board Member Bates. The vote was as follows: Ayes: Board Members Price, Bates, Williams, Bowen Nays: Board Member Hill The motion carried. ZONING BOARD OF ADJUSTMENTS MEETING - PAGE FIVE JANUARY 29, 1996 Board Member Hill made the motion to grant a variance for ZBA #95-14 with a 12 foot side yard on the west and an 8 foot interior yard on the east. Board member Price seconded the motion. The vote was as follows: Ayes: Board Members Hill, Price, Bates, Bowen, Williams Nays: none The motion carried. Chairman Williams explained the motion to the applicant and recommended that Pulte Homes take a more pro-active approach prior to construction. ITEM III. ELECTION OF OFFICERS Chairman Williams stated he had enjoyed being the Chairman in the past, however, he asked not to be nominated for the new elections. He requested the nominations be anonymous. The nominations for Chairman of the Zoning Board of Adjustments were: Board Members Jack Hill, Eddie Price and Fred Bowen. Eddie Price asked that his name be removed from the ballot. Board Member Fred Bowen was elected as Chairman. The nominations for Vice Chairman of the Zoning Board of Adjustment were: Board Members Jack Hill and Eddie Price. Eddie Price asked that his name be removed from the ballot. Board Member Jack Hill was elected as Vice Chairman. ADJOURNMENT: There being no further business the meeting was adjourned at 7:35 P.M. /- /ii./a.," :7 ,,,. Chairman�Bill--WiB��i���nrts-- % ZBAI082895.nun ``