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HomeMy WebLinkAboutZBA 2007-01-25 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS January 25, 2007 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 Bill Gibbs Jim Kemp Sixto Rodriguez III Alternate Alternate Absent Fonda Kunkle Jerry Henry City Staff Dir. of Planning & Development Chief Planner Building Official Asst. Dir. of Public Works Recording Secretary John Pitstick Eric Wilhite Dave Pendley Greg Van Nieuwenhuize Dianna Buchanan 2. PLEDGE OF ALLEGIANCE 3. CONSIDERATION OF MINUTES FROM OCTOBER 26, 2006 MEETING APPROVED Bill Gibbs, seconded by Leslie Jauregui, motioned to approve the minutes from October 26, 2006. The motion carried unanimously (5-0). Fonda Kunkel and Jerry Henry were absent. CHAIRMAN TOM DUER EXPLAINED THE VOTING REQUIREMENTS OF THE ZONING BOARD OF ADJUSTMENT. ANY REQUEST THAT GOES BEFORE Page 1 of 7 1/25/07 ZBA Minutes 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 2006-04 PUBLIC HEARING TO CONSIDER A REQUEST BY DEREK DEGUIRE OF DEGUIRE HOMES FOR A VARIANCE TO REDUCE A SIDE BUILDING LINE REQUIREMENT AT 8660 & 8661 WISHING TREE LANE AND FOR A VARIANCE TO REDUCE THE REAR YARD REQUIREMENT AT 7005 CHERRYBARK LANE. Chairman Duer advised that the request for the variance for 8660 and 8661 Wishing Tree has been withdrawn by the applicant. The only item being heard on the request is the variance to reduce the rear yard requirement at 7005 Cherrybark Lane. The request is changed to the following: BA 2006-04 PUBLIC HEARING TO CONSIDER A REQUEST BY DEREK DEGUIRE OF DEGUIRE HOMES FOR A VARIANCE TO REDUCE THE REAR YARD REQUIREMENT AT 7005 CHERRYBARK LANE. Chairman Duer opened the public hearing at 6:35 p.m. The applicant, Derek DeGuire, DeGuire Properties, 3000 Spring Valley Rd., Bedford, TX 76021, spoke in favor of his request. Mr. DeGuire said his company bought the subdivision after it was already platted. The culvert that is entirely on this lot appeared to split this lot and the one beside it. The culvert is not only on the lot, but it is well into the lot. If this was a typical lot, the culvert or flume would have been over on the property line. With that 15 foot utility easement on the side of the lot, we would have stepped the house 6 feet off the other side and we would have utilized that easement and put the driveway right over the top of it with the garage facing that direction. It is very typical. You cannot build a permanent structure over it but you can build a driveway. Since that culvert is encroaching well into that lot, we can't do that. That means we have to place the house 15 feet into the lot against that flume. We have narrowed the buildable area down. The swing of turning into the garage pushes the house well back into the lot--not only the width but more importantly the depth. We can build a house without the variance. We cannot build a house without the variance that will look the best and look similar to the rest of the houses in the subdivision without it. In the past we have done 19% and 19.5%. We understand that 16% is well below that. This house is not presold. We think we can build a better product and a better home for North Richland Hills if we have the variance. The lot is 9,050 sq, ft. The rear yard calculation is 1,812 sq. ft. So a 4% reduction, if we went all the Page 2 of 7 1/25/07 ZBA Minutes way to 16% would be about 316 sq. ft. I believe that this lot presents a practical difficulty to develop without the variance. The developer, Gary Cantrell, created this hardship, not me and so this was not self-imposed. This variance will not injure the adjoining properties. Ms. Jauregui asked if the culvert could be redone? Mr. DeGuire said he would have to go through Public Works on that. Mr. Rodriguez said he believed on the application it said "16% to 18%"? Is that correct? Mr. DeGuire said yes there is a range there. Ms. Jauregui asked how large is the proposed house? Mr. DeGuire said that has not yet been determined. If the variance is granted we will get the depth we need to have 1,800 sq. ft. on the bottom floor. Chairman Duer asked who has made the 1,800 sq. ft. determination? The deed requirement? Mr. DeGuire said yes. Mr. Gibbs asked so without the variance Mr. DeGuire cannot get to the minimum 1,800 sq. ft. on the first floor? Mr. DeGuire said it could be done but not allow the type of home that the area is accustomed to. Mr. Gibbs asked if 20% is 1,812 square feet? And then you said taking 4% away would be 362 sq. ft.? That leaves 1,450 sq. ft. as a backyard with 16%. Is that right? Chairman asked if there was anyone else to speak in favor of BA2006-04? There were none. Chairman asked if there was anyone to speak against BA2006-04? Mr. James Miller, 7020 Michael Drive, lives right behind the property. He has measured the distance from his back property line to the lot next to the one in question and the distance is 22 ft. He feels that granting the variance will put the house to be built at 7005 Cherrybark too close to his property. He said that when the property was developed, all of the dimensions were reviewed and approved and should remain as they are. He asks that the variance not be granted. Page 3 of 7 1/25/07 ZBA Minutes Mr. Rodriguez asked Mr. Miller if he is right behind 7005 Cherrybark and if the culvert runs through his property as well? Mr. Miller said the culvert runs between his house and his neighbors on the east and that his house is offset on the back of Cherrybark. Chairman Duer asked how far is Mr. Miller's house from his property line? Mr. Miller said 18 feet and his house was built in 1999 and his lot is about 5 feet wider at the back than 7005 Cherrybark. Chairman Duer said so the ability for him to get 20% was probably because Mr Miller's property is wider? What we are talking about here tonight is the rear yard open space. And when you say yours is 18 feet off the back property line I have to assume yours is wider to where yours did meet the 20%. He asked Mr. Miller what would be his preference if the house set further up on Cherrybark or if it could match the house already built beside it? Mr. Miller said it would be fine if the rear yard matched the house next door to 7005 Cherrybark. Further back would seem unfair. Ms. Jauregui asked if the property is offset behind Mr. Miller or if it lines up? Mr. Miller said it is offset. Chairman Duer asked where would the forms be set for the back part of the house? The distance between the back property line and the back part of the house as is being requested? If we set an exact line, would that be easier for you to follow? Mr. DeGuire said yes it would. Chairman Duer said the house to the north of this lot is roughly 22 feet off the back property line. Mr. Gibbs asked if 7009 Cherrybark is built at this time? Mr. DeGuire said yes it is. Chairman Duer said that we did receive correspondence with copies of signatures. He read into the record the letter of support from some of the residents of the Whispering Oaks Addition. Chairman Duer closed the Public Hearing at 6:59 p.m. Page 4 of 7 1/25/07 ZBA Minutes Ms. Jauregui asked staff is the culvert could be redone? Mr. VanNeiuwenhuize said No. Mr. Rodriguez asked what the rear yard measurement is at 7001 Cherrybark? Is there a plan for that house yet? Mr. DeGuire said the driveway at 7001 Cherrybark will be able to go over the culvert because it is not a flume so that house will work without a variance. Chairman Duer asked if the majority of the drainage is on 7005? Mr. DeGuire said all of it is. Ms. Jauregui said she is not sure that we should be making exceptions for something that is not due to the shape or configuration of the property other than what was done to the property. It didn't start out with this culvert in there that made it strange. Someone built it and it was done. And now it is there but is there another way to fix it other than making a variance or making an exception to the guidelines that we have established in our community for building neighborhoods that we want to see developed? I think that needs to be addressed. I mean if Public Works or whoever needs to go out and look at that and say "No, this culvert can't be fixed and so now this is a hardship" but I understand Mr. DeGuire did not develop this originally but he knew it was there when he purchased this subdivision to develop. Mr. Van Neiuwenhuize said the culvert mayor may not be able to be moved but the fact is that the easement combines both drainage and utilities. Even if we could move the culvert I don't know if that would help or not because you couldn't remove the easement. APPROVED Mr. Gibbs, seconded by Mr. Kemp, motioned to approve BA 2006-04, a variance to reduce the rear yard requirement at 7005 Cherrybark Lane with a minimum 17% total backyard and also a minimum 18 feet from the rear lot line of any part of the house. The motion carried (4-1). Ms. Jauregui was against. Ms. Kunkel and Mr. Henry were absent. 5. BA 2006-05 A PUBLIC HEARING TO CONSIDER A REQUEST BY SHERMAN RODRIGUEZ OF THE SHERMAN COMPANY FOR A VARIANCE TO REDUCE THE REQUIRED SIDE AND REAR SETBACKS AT 7704 JOHNSON AVENUE Page 5 of 7 1/25/07 ZBA Minutes TO ALLOW THE PROPERTY OWNER TO BUILD A GARAGE ON SAID PROPERTY. Chairman Duer opened the public hearing at 7: 17 p.m. Sherman Rodriguez, The Sherman Company, 4513 Windhill Ct., Fort Worth, representing the homeowner spoke in favor of the request. The variance would allow construction of a new garage without removing a large established oak tree. It would also allow access into and out of the new garage. Chairman Duer said that now the property has a 10 foot rear building line and a 6 foot side building line. The applicant is requiring a 1 foot variance for the side set back and a 5 foot variance for the rear setback. Is the current garage attached to the house being used as a garage? Mr. Rodriguez said yes it is. Chairman Duer asked if there is an existing carport where the new garage will be built? Mr. Rodriguez said yes. The carport has been there for over ten years. The current homeowner has lived there since 1973. This structure will replace the carport. Ms. Jaurengui asked could the new structure be moved over so it doesn't go behind that tree and just be oriented a different way? The trees on the right would they prevent moving over to the right? Mr. Rodriguez said that they tried several different ways but this is the way it will fit without having to damage trees. The garage will be 500 sq. ft. Mr. Ronnie Bransom, 7704 Johnson Avenue, homeowner, spoke in favor of the variance request. The existing attached garage will continue to be used for auto storage. He also has several classic cars that will be housed in the new garage. The variance will allow access to and from the garage without damaging any existing trees. There being no others wishing to speak, Chairman Duer closed the public hearing at 7:25 p.m. APPROVED Ms. Jauregui, seconded by Mr. Kemp, motioned to approve BA 2006-05 a variance to reduce the required side and rear setbacks at 7704 Johnson Avenue to allow the property owner to build a garage on said property. The motion carried unanimously (5-0). Ms. Kunkel and Mr. Henry were absent. Page 6 of 7 1/25/07 ZBA Minutes ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:32 p.m. Chairman 7~ IJ~ Tom Duer Page 7 of 7 1/25/07 ZBA Minutes