HomeMy WebLinkAboutZBA 2006-10-26 Minutes
MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
OCTOBER 26, 2006
1.
CALL TO ORDER
The meeting was called to order by Chairman Tom Duer at 6:30 p.m.
ROLL CALL
Present
Chairman
Tom Duer
Leslie Jauregui
Sixto Rodriguez III
Bill Gibbs
Jerry Henry
Alternate
Jim Kemp
Absent
Fonda Kunkle
City Staff
Dir. of Planning & Development
Building Official
City Attorney's Office
Recording Secretary
John Pitstick
Dave Pendley
Bryn Meredith
Dianna Buchanan
2.
PLEDGE OF ALLEGIANCE
3.
CONSIDERATION OF MINUTES FROM JANUARY 23, 2006 ZONING BOARD
OF ADJUSTMENT MEETING.
APPROVED
Leslie Jauregui, seconded by Sixto Rodriguez, III, motioned to approve the
minutes from March 23, 2006, stipulating that the Call to Order time be
corrected to read 7:00 p.m. The motion was carried unanimously (5-0).
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CHAIRMAN TOM DUER EXPLAINED THE VOTING REQUIREMENTS OF THE
ZONING BOARD OF ADJUSTMENT. ANY REQUEST THAT GOES BEFORE
THIS BOARD MUST RECEIVE A SUPER MAJORITY (75%). THIS BOARD IS
A 5 MEMBER VOTING BOARD. FOR ANY VARIANCE TO PASS IT MUST
RECEIVE 4 AFFIRMATIVE VOTES.
4.
BA 2006-03
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BY TOM
KILPATRICK FOR A VARIANCE TO THE REQUIRED RESIDENTIAL LOT
WIDTH FOR R3 ZONED PROPERTY IN SECTION 118-313 OF THE CITY OF
NORTH RICHLAND HILLS CODE OF ORDINANCES.
APPROVED
Chairman Duer opened the public hearing and asked the applicant to come
forward.
Tom Kilpatrick, applicant, 3313 East Ridge, Haltom City, came forward to present
his request. This property got left behind in development of the area. It has
never been platted. The previous owner built a home that is almost 90 feet wide
and it is kind of out of place with the surrounding homes. It is an albatross. We
want to divide it into two lots as shown on the submitted plat. One lot will be 56
ft. wide and the other lot will be 60 ft. wide. The existing home would be torn
down and we will build two new brick homes on the two lots.
Chairman Duer asked what size would the homes be and if in that area there are
deed restrictions as far as rear/side entry garage frontage?
Mr. Kilpatrick said the homes would be approximately 1800 sq. ft. No restrictions
are in place on garage placement as far as he knows.
Mr. Henry said the case that was given to ZBA showed the property being
divided into two lots that were going to be 58 feet each, and that is what the city
staff addressed. Has it changed from that request?
Mr. Kilpatrick said the lots could be divided either way. Either each lot being 60 ft.
wide, or one 58 ft. wide and one 60 ft. wide. We thought it would be better to
have each lot conform to the lot located to its outside boundary.
Mr. Duer asked city staff when the adjacent property owners were notified did it
say the applicant was asking for a 2 feet variance, or how was it stated?
Mr. Pitstick said the public notice was published and also the agenda says a
variance.
Mr. Duer said then it doesn't actually state a measurement in feet.
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Mr. Pitstick stated that the variance from the ordinance would be fine.
Mr. Henry asked Mr. Kilpatrick if he is building the two homes and if with a width
lot of 56 ft. an adequate home could be located.
Mr. Kilpatrick said yes he will be the builder and that there are nice home plans
that start at 40 ft. wide so that will be no problem and meet setback
requirements.
Jackie Bean, property owner of 8021 Mickey St., North Richland Hills, said she
thinks the proposed variance request if granted will be an advantage to the
neighborhood. The existing home is dilapidated and it will add tax revenue to the
city with two new homes being built.
Chairman Duer closed the public hearing.
Ms. Jauregui stated that she feels there should be two lots at the 58 ft. width
because we are already making an exception and I based my research on the
basis of the request as submitted, and I think to do 58 ft. and 60 ft. lot widths
would not be appropriate.
Chairman Duer said he thinks asking for a 4 ft. variance is too much.
Mr. Pitstick stated that the current standard is 70 ft. So whether asking for 58 ft.
or 60 ft. it is still a variance on both lots.
Chairman Duer said even though the residential properties in the area are mostly
60 ft., which was the standard at the time they were developed, the requested
variance is actually 12 ft. from the current ordinance.
There being no other comments or questions from the Board, Chairman Duer
requested a motion.
Leslie Jauregui, seconded by Jerry Henry, motioned to approve BA 2006-03
with the stipulation that there be two 58 foot wide lots because the literal
enforcement of 70 foot would be an unnecessary hardship and the property
would not be developed in accordance to the neighborhood requirements
or needs. This is not a self-imposed problem for the applicant, and by
allowing the variance it would not stop other properties from being
developed in the adjacent area and it would keep it in the spirit of homes in
the area. The motion was carried unanimously (5-0).
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5.
ADJOURNMENT
Having no additional business to conduct, the meeting adjourned at 6:50 p.m.
Chairman
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Tom Duer
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