Loading...
HomeMy WebLinkAbout1997-01-09 MINUTES ZONING BOARD OF ADJUSTMENTS January 9, 1997 The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Fred Bowen at 6:00 p.m. in the Council Chambers in Building "B".of the Euless Municipal Building. The Pledge of Allegiance and Invocation was given by Jack Hill. MEMBERS AND STAFF PRESENT: Chairman Fred Bowen Vice-Chairman Jack Hill Eddie Price Bill Williams Roger Bates Gene Sloan Victor Blood Rod Tyler, City Planner Kevin Mercer, Development Services Manager Barbara Chambers, Office Supervisor Donna Brown, Staff Secretary VISITORS: Annette Ferguson David Ferguson Annie Moore Sandra Pring Jay Stokes Ted Brooks REGULAR AGENDA APPROVAL OF MINUTES Board member Jack Hill made the motion to approve the minutes of the January 9, 1997, Zoning Board of Adjustments meeting as presented and the motion was seconded by Board member Roger Bates. The vote was as follows: Ayes: Board members Fred Bowen Jack Hill, Roger Bates, Bill Williams, Eddie Price Zoning Board of Adjustments Page 2 ,.. January 9, 1997 Nays: None Abstentions: None The motion carried to approve. ITEM I. #ZBA-96-09 - LOT 9, BLOCK 3, MORRISDALE ADDITION 1204 DRIFTWOOD DRIVE Request of Mr. & Mrs. David Ferguson for a variance to the 15' minimum rear yard in the R-1, for a garden room at 1204 Driftwood Drive. Chairman Fred Bowen opened the Public Hearing and asked Rod Tyler, City Planner, to give the presentation. Rod Tyler stated the applicant, Mr. & Mrs. David Ferguson, is requesting a variance to the minimum rear yard standard required by Section 84-102 (c)(5) of the Unified Development Code at 1204 Driftwood Drive. Mr. Tyler stated Mr. Ferguson was asking for the variance so he could have a garden room at the back of his house. The garden room would encroach over the 15 feet building line required in the R-1 zoning district by approximately 6.5 feet. Mr. Tyler stated the DRC felt this lot was unique given the circumstances of the 76 feet shallow lot. Chairman Bowen asked the applicant, Mr. Ferguson, to come forward and address the members and audience. Mr. Ferguson stated he was present to receive a building permit to repair the garden room area. He stated the house was built 35 years ago. Thirteen years ago a remodel was made for a room addition, at which time no property line or building line was changed. Board Member Jack Hill asked the applicant if the drainage problem would be corrected, which caused the deterioration of the room addition. The applicant's builder commented he would be building the garden room and the drainage would be taken care of by the owner. Mr. Ferguson stated the problem would be corrected. Mr. Kevin Mercer, City of Euless CBO, Development Services Manager, informed the Board Members the drainage would be inspected through the remodel permit which would not be final until the situation was corrected. Board Member Bill Williams discussed the degree of deviation being % of the patio roof exceeding the building line being 40% of the roof top. Board Member Eddie Price stated the original roof was built over the building line and not until 1983 was the patio closed in for a room addition. The board members discussed the lot had an extreme problem with the shape and also an extreme problem with the permit in 1983, meaning the City staff does not have the authority to grant a variance to City codes. Also, the issuance of a permit by a staff member does not relieve a property owner from complying with the law. In order for the City to be able to legally issue a permit for the Zoning Board of Adjustments Page 3 January 9, 1997 reconstruction of the garden room, a variance to the minimum rear yard standards of the R-1 zoning district is necessary. Board Member Williams discussed the applicants questionaire item #5, how the granting of this variance is NOT necessary to relieve a self created or personal hardship or for financial reasons only; which the applicant responded that the purpose was solely to improve the quality of an existing structure. Rod Tyler answered questions regarding the distance from building to property line and concerns with the 1983 remodel. The Board Members discussed among themselves the responsibility of the homeowner knowing the codes for the City and the legal aspects of owning property. Board Member Jack Hill made the motion to approve case #ZBA-96-09, with a condition that the applicant will correct the drainage problem and the City Building Official verifies and approves it at the time of permit approval. Eddie Price seconded the motion. Kevin Mercer, DSM, stated the drainage issue would be monitored through the remodel permit. The vote was as follows: Ayes: Fred Bowen, Jack Hill, Eddie Price, Roger Bates Nays: Bill Williams Abstentions: None The motion carried to approve. ITEM II. #ZBA-96-10 - BLOCK B, LOT 10, FOREST CREEK ADDITION 101 PONCIANA DRIVE Consider the request of Mr. & Mrs. Jimmie Moore for a variance to the 15 feet minimum rear yard in the R-1 Zoning District for a sun room at 101 Ponciana Drive Rod Tyler, City Planner, gave a brief description of the property and the encroachment into the minimum 15 feet rear yard by 1.2 feet. He stated the patio would be the foundation for the sun room and will not extend beyond the existing patio. Chairman Bowen asked the applicant to come forward and give a brief explanation of the request. Mrs. Moore stated she and her husband would like to have a variance to put in a sun room and would be willing to answer any questions from the Board Members. Board Member Bill Williams asked the applicant what would be the uniqueness of this flat square lot and would the applicant consider making it smaller since the encroachment was only 1.2 feet. Mrs. Moore stated the room is narrow as it is and 1.2 feet would make the room smaller than it already appears to be, it would be like a hall. Mrs. Moore stated the builder reinforced the patio to the request when the house was built. Zoning Board of Adjustments Page 4 January 9, 1997 Chairman Bowen closed the Public Hearing and opened discussion among the Board Members. The Board Members discussed the foundation being reinforced. Board Member Eddie Price stated he felt the 1.2 feet was not an eye sore to drive-by-traffic or neighbors located behind the applicant. The Board Members discussed the front setback being more than 25 feet and could this be a option to approve. There was discussion for the applicant to decrease the depth and make it wider. The members discussed the concerns of approving the request from Mrs. Moore and setting a precedent Board Member Bill Williams made the motion to deny case #ZBA-96-10. Board Member Roger Bates seconded the motion. The vote was as follows: Ayes: Board Members Bill Williams, Roger Bates, Jack Hill Nays: Board Members Fred Bowen, Eddie Price Abstentions: None The motion carried to deny. ITEM III. #ZBA-96-11 - BLOCK 15, LOT 12, BELL RANCH TERRACE ADDITION 1307 TOPLEA DRIVE Consider the request of Brooks Builders for a variance to the 25 feet minimum front yard requirement within the Planned Development #1110, for an encroachment over the building line at 1307 Toplea Drive Rod Tyler, Planning Services Manager, gave a brief description of the property and explained how the house was completed without the encroachment being caught before construction was completed. He stated this variance was for the 25 feet minimum front yard standard required by PD Ordinance #1110. The variance request is for 2.6 feet over the front building line. He stated the subject property is zoned PD #110 which contains multiple front setbacks. The houses along the south side of Toplea were designed to be front entry garages and therefore are required to maintain a 25 feet front yard. While the houses on the north side were designed to be rear garages and therefore need to maintain a 20 feet front yard. There is also a jog in the street in front of this house which complicates one's ability to identify the front building line especially during the disruptive environment caused by construction. Chairman Bowen asked the applicant to come forward and give a brief explanation of the request. Ted Brooks, Brooks Builders, explained how the house was built and no one caught the encroachment until the house was ready to be finaled at closing. The survey was faxed to Kevin Mercer, Development Services Manager, who requested the builder to apply Zoning Board of Adjustments Page 5 January 9, 1997 for an variance. He apologized and informed the Board Members surveys will be received before construction begins. He informed the Board Members he would answer any questions they may have. Chairman Bowen closed the Public Hearing and opened discussion among the Board Members. The discussion among the Board Members was that the area had uniqueness such as rear entry garages and the building line across the street was 20 feet. They agreed the variance was not a problem with them. Chairman Bowen made the motion to approve case #ZBA-96-11. Board Member Williams seconded the motion. The vote was as follows: Ayes: Board Members Fred Bowen, Eddie Price, Roger Bates, Bill Williams Nays: Jack Hill Abstentions: None The motion carried to approve. ITEM IV. #ZBA-96-12 - BLOCK 3, LOT 2, MORRISDALE ADDITION 1205 TANGLEWOOD TRAIL Consider the request of Mr. & Mrs. James Pring for a variance to the 15 feet minimum rear yard in the R-1 Zoning District, for a patio cover at 1205 Tanglewood Trail Rod Tyler, City Planner, gave a brief explanation of the request of Mr. & Mrs. Pring needing a variance to the 15 feet minimum rear yard standard required by the Unified Development Code for the property referenced above. Mr. Tyler stated the variance was to allow the reconstruction of a "patio cover" that extends over the minimum required 15 feet rear yard by approximately 6 feet. Chairman Bowen asked the applicant to come forward and give a brief explanation of the request. The applicant, Sandra Pring, stated the remodel was to repair a existing structure. She explained because of hail damage last year; the roof had started sagging. Mr. Pring stated that when they inherited the house and started to remodel, their contractor did not get a permit. Mrs. Pring informed the Board Members they have been unable to contact or find the contractor. She mentioned a attorney told her no permit was needed. Mrs. Pring stated she contacted the City to inquire about the permit and Mr. Mercer informed her the patio and cover was over the building line. Zoning Board of Adjustments Page 6 January 9, 1997 Board Members discussed supports for the patio cover. Mrs. Pring informed the Board Members that new posts was part of the renovation for this patio cover. Jay Stokes, Stokes Construction Company, stated he would be doing the work and hoped the variance was approved. Chairman Bowen closed the Public Hearing and asked for discussion among the Board Members. Board Members discussed the drainage from the roof top and the fact that the original home was built with the 6 feet encroachment. Board Member Jack Hill made the motion to approve case #ZBA-96-12. Board Member Eddie Price seconded the motion. The vote was as follows: Ayes: Fred Bowen, Jack Hill, Eddie Price, Roger Bates Nays: Bill Williams Abstentions: None The motion carried to approve. ELECTION OF OFFICERS Chairman Bowen announced to the Board Members the time had come for re-election of officers. A closed ballot was taken. Chairman Bowen announced the new Chairman being Jack Hill and the Vice-Chairman would be Eddie Price. ADJOURNMENT: There being no further business the meeting was adjourned at 7:45 P.M. • C an Fred B e Date f-7-) 3 - S )