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HomeMy WebLinkAbout1998-05-28 MINUTES ZONING BOARD OF ADJUSTMENTS MAY 28, 1998 The regular meeting of the Zoning Board of Adjustments was called to order by Vice-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 Bill Williams. MEMBERS AND STAFF PRESENT: MEMBERS ABSENT: Vice-Chairman Bill Williams Chairman Fred Bowen Eddie Price Victor Blood, Alternate #1 Gene Sloan Roger Bates Katherine Houk, Alternate #2 Kevin Mercer, Development Services Manager Jim Moy, Inspection Services Supervisor Donna Brown, Office Technician Dolores Tijerina, Staff Secretary VISITORS: Dwayne Wilcox Diane Wilcox Mary Cox Joe Kopenhafer REGULAR AGENDA APPROVAL OF MINUTES Vice-Chairman Bill Williams made the motion to delay the approval of the minutes of March 26, 1998, to allow a quorum of members present at that meeting to vote. The vote was as follows: Ayes: Board Members Sloan, Bates, Williams, Price, Alternate Katherine Houk Nays: None Absent: Chairman Bowen, Alternate Member Blood, ZONING BOARD OF ADJUSTMENTS MEETING - PAGE TWO ITEM I. ZBA#98-03- 1402 Pebble Creek Drive - Block 9, Lot 8, Monisdale Addtion Public input regarding the request of Dewayne and Diane Wilcox for a variance to the 4' minimum sideyard setback requirement in a R-1 Zoning District. Vice-Chairman Bill Williams opened the public hearing and asked Kevin Mercer, Development Services Manager, to give the presentation. Kevin Mercer stated that Dewayne and Diane Wilcox were requesting a variance to the 4' minimum sideyard setback requirement in a R-1 Zoning District for construction of a porta-cochere to house their vehicles. He also stated that the board may authorize variances from the terms of this Chapter. Such variances shall not be contrary to the public interest and shalt be such that substantial justice shall be done. Mr. Mercer the Board is empowered to authorize a variance when the Board finds that all of the following conditions have been met: that the granting of the variance will not be contrary to the public interest; and, that literal enforcement of the Code will result in an unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from hardship relating to convenience,financial considerations or caprice,and applicant or property owner's own actions; and, that by granting the variance, the spirit of the Code will be observed and substantial justice will be done. Vice-Chairman Bill Williams asked the applicants to come forward and give their presentation. Mr. Dewayne Wilcox, owner of the property, addressed the members and audience. Mr. Wilcox stated that the purpose for the request was in order to construct a porte-cochere attached to the existing structure. The porte-cochere is to be open on the back, front and sides which is not adjacent to the house. He stated this to be for vehicles only not for any storage. Mr. Wilcox stated that the garage was enclosed twenty-five (25) years ago and the rear entry was done away with. The porte-cochere will provide his vehicles protection from the elements and keep some of the drive-way free from icing over during the winter months. He also stated that in his neighborhood there are twenty-one (21) carports attached to the house and many more not attached. Vice-Chairman Bill Williams called for proponents to come forward. Mr. Joe Kopenhafer, 1400 Pebble Creek, stated that he understood that the expansion to the existing dwelling will be on the deed line and as long as it meets city fire code it had his approval. Mary Cox, 1403 Pebble Creek Drive, stated that she approved of the carport and the size of the building the Wilcox's were going to construct, adding that a smaller structure would not compliment the house and everything the Wilcox's have done in the past to their property is first class and has only increased property values in the neighborhood. There being no opponents, Vice-Chairman Bill Williams closed the Public Hearing and opened Item #ZBA 98-03 for discussion among the board members. ZONING BOARD OF ADJUSTMENT MEETING - PAGE THREE Board Member Roger Bates asked Mr. Kopenhafer what was on the side of his property where the carport was proposed to be constructed. Mr. Kopenhafer stated that his air conditioning unit was located on that side. Board Member Gene Sloan stated that he resides in the same neighborhood and that the proposed construction by the Wilcox's would increase property values. Board Member Eddie Price stated that the uniqueness in the sub-division is that every house is different. Alternate Board Member Katherine Houk stated the configuration of the lot is unique in that it is not square. Board Member Eddie Price asked Kevin Mercer if Building and Fire Codes could be met by constructing an open porte-cochere at the property line. Kevin Mercer responded by stating that any residential structure within 3' of the property line would be required to construct a one (1) hour rated wall with no openings. Kevin Mercer stated that the Board did not have the authority to waive or grant a variance to this requirement. Kevin Mercer also stated that no one on Staff, City Council or even the Mayor had the authority to grand a variance to a Building or Fire Code requirement. Vice-Chairman Bill Williams called for a motion for ZBA #98-03. Board Member Eddie Price made the motion to approve the request as requested. The motion was seconded by Alternate Board Member Katherine Houk. The vote was as follows: Ayes: Board Members Sloan, Williams, Bates, Price, Alternate Member Katherine Houk Nays: None Absent: Chairman Bowen, Alternate Member Blood The motion carried. ADJOURNMENT: There being no further business the meeting was adjourned at 7:02 P.M. Vice-Chairman Bill Willla# ? A Date 5://,//(i ///,/4q76 4,2,(;2-7962