HomeMy WebLinkAbout1997-02-13 MINUTES
ZONING BOARD OF ADJUSTMENTS
FEBRUARY 13, 1997
The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Jack
Hill at 6:00 p.m. for consideration of scheduled items in the Council Chambers in Building "B"
of the Municipal Building. The Pledge of Allegiance and Invocation was given by Eddie Price.
MEMBERS AND STAFF PRESENT: ABSENT:
Chairman Jack Hill Fred Bowen
Vice-Chairman Eddie Price
Bill Williams
Gene Sloan
Victor Blood
Rod Tyler, City Planner
Kevin Mercer, Development Services Manager
Leon Hogg, Council Member
Donna Brown, Staff Secretary
Dolores Tijerina, Staff Secretary
VISITORS:
Ron Minnick
Viriginia Minnick
Jim Donnally
REGULAR AGENDA
APPROVAL OF MINUTES
Board member Eddie Price 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 Bill Williams. The vote was as follows:
Ayes: Board Members Jack Hill, Gene Sloan, Bill Williams, Eddie Price, Victor Blood
Nays: None
Abstentions: None
The motion carried.
Zoning Board of Adjustments
Page 2
February 13, 1997
ITEM I. PUBLIC HEARING - CONSIDERATION OF #ZBA-96-14-, LOT 3,
BLOCK A,ARBOR GLEN II ADDITION
Request of Mr. & Mrs. Ronald Minnick for a variance to the minimum
required side yard setback of Planned Development#1125, for a
patio cover located at 104 Arbor Park Drive.
Chairman Jack Hill opened the Public hearing and asked Rod Tyler, City Planner, to give the
presentation.
Rod Tyler stated Mr. & Mrs. Minnick currently live in Arbor Glen Phase II. The property is
zoned planned development and is a newer phase of the Arbor Glen Addition. He stated there
are specific zoning district standards approved for this location. Mr. Tyler stated this is a zero lot
line subdivision which means there is a 25 feet front setback, one 10 feet building side setback
and zero side on the other side and they also have a 15 feet minimum rear yard setback. In this
instance, there are two houses, Mr. Minnicks, and the adjacent house which is built on the
property in accordance with the zero lot line requirements. There is a 5 feet maintenance and an
over hang easement on Mr. Minnicks property to allow the adjacent property owner to maintain
his wall. Mr. Minnick also has a 5 feet maintenance overhang easement on the adjacent property
to the west of him. He stated Mr. & Mrs. Minnick have a deck built into the required side yard
as well as an arbor. However, once the patio cover got above ground level and went into the
arbor, it then encroached into the required 10 feet side yard setback.
Chairman Jack Hill asked the applicant, Mr. Minnick, to come forward and address the members
and audience. Mr. Minnick stated they had resided in the City of Euless since 1984 but had only
lived at 104 Arbor Park Drive since April, 1996. He stated that the house has a front door and
two doors leading out to the east side of the house but no direct access to the backyard and that is
the reason for having the patio built on the side of the house. Mr. Minnick hired Texas Great Out
Doors from Fort Worth, Texas to construct the patio. He stated that he was not aware that the
required City permits had not been obtained or of the code violation until he spoke with City
Inspector Jim Moy. Mr. Minnick apologized for any errors stating that the structure does not in
anyway harm the aesthetics of the Arbor Glen Area. Board Member Eddie Price asked the
applicant if the homeowners association had written a letter approving the structure. Mr.
Minnick submitted a copy of the letter.
Zoning Board of Adjustments
page 3
February 13, 1997
Chairman Jack Hill asked the applicant if this structure would violate any deed restrictions. Mr.
Minnick stated there were no restrictions. Chairman Hill asked for proponents to come forward
and state their name and address.
Texas Great Outdoors, Mr. Jim Donnally, stated he didn't have any opposition from the
Homeowner's Association. Board Member Bill Williams asked Mr. Donnally if he had built any
other structures and if he obtained the required permits from the City or did he have the property
owner obtain the permits? Mr. Donnally stated he obtained the necessary permits and was also
responsible for any compliance with deed restrictions.
There being no opponents, Chairman Jack Hill closed the Public Hearing and opened the item up
for discussion among the Board Members.
Board Member Williams asked Kevin Mercer, City Building Official, if he had reviewed this
from the Uniform Building Code standpoint of adjacency of structures on separate properties.
Kevin Mercer stated single family residences are required a minimum 3 feet setback. If you
have a minimum 3 feet side yard, fire protection ratings are not applicable and you are allowed
openings in exterior walls. The Minnicks do not have this 3 feet minimun setback requirement.
Chairman Jack Hill stated the shape of the property was not different nor a hardship. Board
Member Eddie Price stated the Minnicks knew the limited access to the back yard when they
bought the house.
Gene Sloan made the motion to deny variance. The motion was seconded by Eddie Price. The
vote was as follows:
Ayes: Board Members Price, Hill, Blood, Williams, Sloan
Nays: None
Absent: Fred Bowen
The motion carried.
Adjournment:
There being no further business the meeting was adjourned at 6:35 P.M.
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