Loading...
HomeMy WebLinkAboutZBA 2007-03-22 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS March 22, 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 Bill Gibbs Jerry Henry Jim Kemp Sixto Rodriguez III Alternate Alternate Absent Leslie Jauregui Fonda Kunkle City Staff Dir. of Planning & Development John Pitstick Building Official Dave Pendley Recording Secretary Dianna Buchanan 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM JANUARY 25, 2007 ZONING BOARD OF ADJUSTMENT MEETING. POSTPONED TO NEXT MEETING 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 Page 1 of 4 3/22/07 ZBA Minutes 5 MEMBER VOTING BOARD. FOR ANY VARIANCE TO PASS IT MUST RECEIVE 4 AFFIRMATIVE VOTES. 4. BA 2007-01 PUBLIC HEARING TO CONSIDER A REQUEST BY THOMAS BA TEN HORST, REPRESENTING GSBS ARCHITECTS, FOR A VARIANCE TO REDUCE THE FRONT BUILDING LINE REQUIREMENT (SETBACK) IN ORDER TO EXPAND AND ADD ON TO AN EXISTING BUILDING. THE PROPERTY OF INTEREST IS LOCATED AT 7921 GLENVIEW DR. Chairman Duer opened the public hearing at 6:38 p.m. The applicant, Thomas Batenhorst, GSBS Architects, spoke in favor of the project. His company needs the variance to the front building setback in order to complete a planned expansion and addition to the current office. Chairman Duer closed the public hearing at 6:41 p.m. APPROVED Mr. Gibbs, seconded by Mr. Rodriguez, motioned to approve BA 2007-01, a variance to reduce the front building line requirement (setback) in order to expand and add on to an existing building. The motion carried (5-0). Leslie Jauregui and Fonda Kunkel were absent. 6. BA 2007-02 A PUBLIC HEARING TO CONSIDER A REQUEST BY DEENA SIMMONS FOR A VARIANCE TO RECONSTRUCT HER RESIDENCE (DAMAGED IN A FIRE), WHICH IS A NONCONFORMING STRUCTURE. THE PROPERTY OF INTEREST IS LOCATED AT 7621 PRECINCT LINE RD. Mr. James Berry of Lake Worth, representing the applicant, presented Ms. Simmons request. On October 25, 2006, Ms. Simmons home burned and is not habitable. This property was purchased by her family around 1933 and has been her homestead since 1964. Ms. Simmons realizes that this property has the potential to be worth more if sold for development than if she rebuilds her home. Her desire, however, is to reconstruct her home as it was and to live in it for the rest of her life. Mr. Berry said Ms. Simmons' insurance policy did not include coverage for updating the home to current building codes. At this time, Ms. Simmons' insurance carrier has discontinued paying her cost of living expenses. She needs the variance in order to obtain a permit and begin work on the home. One of her sons is in the construction business and will be doing a lot of the work for her. She intends to reconstruct the home back to its condition before the fire. Page 2 of 4 3/22/07 ZBA Minutes Mr. Berry said that the issue of the outbuilding being repaired or demolished should not be considered with the variance request. It is a completely separate Issue. Ms. Simmons also addressed the Board. She said she would be financially able to complete the rebuild of her home. She has no desire to sell her property at this time. This has been home for her whole life. Dave Pendley said that the home at 7621 Precinct Line Rd. was a legal non- conforming structure that was damaged more than 50% of its value in the October 25th fire. Single-family dwellings are no longer allowed in the AG zoning district. The residence does not meet the minimum size requirements of any residential zones, including the former requirements of the AG zoning district (1,400 square feet minimum). The residence does not meet the minimum front yard setback of any of the residential zones, including the former requirements of the AG zoning district (25 feet). The property is designated as Neighborhood Services on the Comprehensive Land Use Plan and is intended for limited services and retail establishments. Due to the fact that the Comprehensive Plan has designated this parcel as Neighborhood Services, staff is not in support of continuing the residential use. However, if the Board should grant the variance, the size of the building should not prevent the property from eventually becoming a conforming use. The applicant has been advised that she would not be allowed to expand the house from its original size. Our Neighborhood Services Department does have an open file on the accessory building at the location which is in disrepair and not up to current code standards. Ms. Simmons needs to be prepared to bear the burden of repairing the accessory building or demolishing it as well as the reconstruction of the home. Chairman Duer opened the public hearing at 6:43 p.m. There being no one to speak further regarding the item, Chairman Duer closed the public hearing at 6:49 p.m. Chairman Duer asked Ms. Simmons how long does she think it will take them to rebuild the house? Ms. Simmons said hopefully within six months. Dave Pendley said a building permit is good for 180 days and with each approved inspection the building permit is extended for another 180 days. APPROVED Mr. Kemp, seconded by Mr. Henry, motioned to approve BA 2007-02, a variance to reconstruct the residence located at 7621 Precinct Line Rd. Page 3 of 4 3/22/07 ZBA Minutes The motion carried (4-1). Mr. Gibbs was against. Ms. Jarenjui and Ms. Kunkle were absent. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:32 p.m. Chairman 7~ tJ~ Tom Duer Page 4 of 4 3/22/07 ZBA Minutes