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Home My WebLink About1986-04-15 1.986-039 AGENDA. REGULAR MEETING Planning & Zoning Commission 201 N. Ec.tor. Drive Euless, Teas April 15, 1986 7.00 p.m. - Pre-Commission Meeting 7.30 p.m. -- Call t.,:� Order for Commission Cons iderat:i.on of Scheduled Items INVOCATION APPROVAL OF MINUTES - Regular Meeting Dated March :18, 1986 NEW BUSINESS I. PUBLIC HEARING - #ZC-86-G Request of Tom Bepko for a Specific Use Permit to allow a T.V. satellite dish antenna Zeus than 80 feet from the front property .line in an R-1 district on Tot 16R, Block 40, Midway Park Addition 1:17 Ector :Drive.), totaling 0.32 acres of land. II, Reports 1986--040 REGULAR MUTING Planning ing & Zoning Commission April 15, 1986 CALL TO ORDER The regular ineeting of the Planning & Zoning Commission was called to order at 7-32 a.m. in the Council Chambers of Euless City hall by Chairman ,John Ue.ithl.off. M MERS & STAB PRESENT MFMERa & STAFF ABSEW .john Deithloff Carl. Tyson Ken Balsinger Tom Engle Larry Il.gram .Jim Mc.Kanna 811.y Owens Jac , Hill .James Knight, City Engineer Rocs Tyler, Seniors Planner Valerie Kee.l.en, Staff Secretary VISITORS Mr. & Mrs. Tom Bepko Rick & Sabrina Pitt: Mr. Ran Rey inmi ller and other interested citizens INVOCATION The invocation was given by Mr. Kenneth Ballinger. AP.PROVAL OF MINUTES The minutes of the regular meeting rated March 18, 1986, were approved as written, 1086-041. PAGE TWID PLANNING & ZONING Gt IISS ION APRIL 15 1.'.986 h. PUBLIC HEARING W #ZC-86-05 - REQUEST OF TOM BEPKD FOR .A, SPECIFIC USE PERMIT T€1 .ALL= A T.V. SATELLITE DISH ANTENNA. LESS THAN 80 Pik FROM Tl[E YR®NT PROPERLY LI.N#, IN AN R-1 DISTRICT ON LOT 16R, BLOCK 40, MIDWAY PARK ADDITION (717 ACTOR DR:IWE), TOTALING 0.32 .ACRES OF 1". Chairman Deithloff explained the miles governing a public hearing and their opened the public hearing. Mr. Tom Bepko, 717 Sctor. Drive presented his request. He stated that he had installed a T.V. satellite dish in his back yard, and then afterwards discovered that the information tae had been given -regarding the setback requirements was :incorrect., He stated that he had a very unusual. .lot shape and that measuring eighty feet from the front property line left only the very rear corner of his *back yard for a satellite dish antenna. This would Crean that he. would have to cut down three large: healthy trees, and still not be assured that his neighbor's trees would not block his reception. He then stated that he had checked with the neighbors surrounding him, even going two streets behind his and that no one had any problems with the dish as he had it., some not ever: knowing it existed at all, He then stated that he had already received a permit. to build a sic foot fence: which would further shield the satellite dish from the street. M- . Balsinger asked Mr. Bepko if he had paid the $15.00 application fee that is required to file a change of zoning. Mr. Bepko stated that he had not, that he thought it was a $150.00 fee and he had gone before the City Council and had it waived. Mr. Owens asked M-r. Bepko to elaborate on the statement of having been given incorrect information. Mr. Bepko stated that his neighbor across the street is a City employee in the inspection department. Ile inspector had advised them that the dish had to be eighty feet from the front property line, six feet off the side and could not be. over a curtain height. Mr. Bepko stated that he called the city inspections department to find out more detail about the requirements and said he was given differing information and installed the dish according to that information. Chairman Deithloff asked if :after receiving this information, if he had then applied for a permit for the dish. Mr. Bepko stated that he had. However, it was after he had sunk the pole into the ground, attached the dish to the pole and connected it. There being no further questions, Chairman Deithloff asked for any additional proponents. Mr, Richard Pitts, of 803 Ector, the ate door neighbor to the west, stated that he had no problems with the satellite dish and was definitely for the request. 1.9861-042 P&GE THREE, PJ NNING & ZOMING ZONING COHRISSION A.: ITL 1_51-19-86 There being no more proponents, Chairman Deithloff asked if there was any opponents. Mr. Roan Rel miller, 207 Trailwood, :stated that he was the owner of the lot behind Mr. Bepko's and that he felt the dish was an eyesore, and that if the Cormdssion allowed at variance of this degree, they were setting a precedence. He also stated he felt that a six foots fence wasn't_: sufficient to conceal this dish. He felt that the dish should be put. in the corner of Mr. Bepko's yard and the trees cut down since this was within the guidelines of the City. He stated then that if the Commission did grant this request, he would strongly urge that they require at least an eight :foot fence. Where being no further opponents or questions, Chairman Deithloff closed the public hearing. Mr, Owens stated that he agreed with Mr. Reinmiller except that since Mr. Up& appeared before City Council and they had waived the fee, that it sounded to him like the Council was endorsing Mr. Bepko's request. Mr, Ingram stated that he basically: agreed with Mr. Owens and didn't feel like the Commission had the proper opportunity to act upon this ease. He also stated that he felt that if the request had come to them through the normal channels, that is if Mr. Bepko had made application and paid his filing feed prior to erecting the satellite dish, that he did not feel they Corrrraission would not have had any problem recommending approval of his request. He then stated, for the record to reflect, that he dial not feel the fee should be waived. Mr. Rals finger also stated that he was in agreement with Mr. Ingram, that the application fee shouted not be waived. He stated that the taxpayers of Euless should not have to pay for this mace's request. He acknowledged that there was quite a bit of expense involved in the preparation of the packets in materials and not to mention the staff's time for preparing them. After much deliberation, Chairman Deithloff stated that he concurred with everything that had been stated already. He dial feel. that this was cfee of the situations that occurred after the fact, that he was not in favor with this, He then stated that he would entertain a motion. Mr. Bill, made a motion to approve VC-86-05 with the stipulation that the applicant erect a fence as indicated on his site plan, and that at least 70% of the fence be sight feet in height and that it be in accordance with current city ordinance. The motion died for lack of a second motion.. Mr. Owens then made a motion to recommend approval of fZC-86-05 subject to the following conditions 1) The City be reimbursed the dollar amount equal to the application fee; axed, 23 A fence be constructed as indicated an the site plan and that at least 70% of the fence be eight feet high and that it be in accordance with the Euless fence Ordinance. I986-043 PACE FOUR PIMING ZONING COMKISSTON APRIL 15, 1986 Mr. Ralsinger seconded the motion and the vote was as follows; Ayes: Messers, Owens, Balsinger and Ingram Nays: Messers. Hill. and Deithloff Chairman Deithloff declared the motion carried. II. REPORTS Mr. Tyler made note that Code Technology had submitted a Progress Report :.n the review and update of the Zoning and Subdivision Ordinances of which a copy wits enclosed in them- packet., Chairman Deithloff, on behalf: of all the Ccmimission members, expressed their deepest sympathy to Tom Engle for the loss of his mother. ADJOURNMENT There being no further business to conduct, the meeting adjourned at 8:12 p.m, t ii airs+3an ;