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Home My WebLink AboutZBA 2007-04-26 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS April 26, 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 Fonda Kunkle Jim Kemp Sixto Rodriguez III Alternate Alternate Absent Leslie Jauregui City Staff Building Official Recording Secretary David Pendley Teresa Koontz 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM JANUARY 25, 2007 ZONING BOARD OF ADJUSTMENT MEETING. APPROVED Jim Kemp, seconded by Bill Gibbs, motioned to approve the minutes from January 25, 2007. The motion carried unanimously (6-o). Leslie Jauregui was absent. Page 1 of 4 04/26/07 ZBA Minutes J 5. CONSIDERATION OF MINUTES FROM MARCH 22, 2007 ZONING BOARD OF ADJUSTMENT MEETING. APPROVED Jim Kemp seconded by Bill Gibbs, motioned to approve the minutes from March 22, 2007. The motion carried unanimously (6-o). Leslie Jauregui was absent. 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. 6. ADOPTION OF BOARD OF ADJUSTMENT RULES OF PROCEDURE APPROVED Fonda Kunkle seconded by Jerry Henry, motioned to adopt the Board of Adjustment Rules of Procedure. The motion carried unanimously (6-0). Leslie Jauregui was absent. 7. BA 2007-03 A PUBLIC HEARING TO CONSIDER A REQUEST BY ROBERT AND JUDY ROBERTSON FOR A VARIANCE TO RECONSTRUCT THEIR RESIDENCE (DAMAGED INA FIRE), WHICH IS A NONCONFORMING STRUCTURE. THE PROPERTY OF INTEREST IS LOCATED AT 3609 BEWLEY STREET. Chairman Duer opened the public hearing at 6:35 p.m. The applicants are Robert J. and Judy Robertson, 3609 Bewley St, North Richland Hills,TX 76180. Mr. Robertson came forward to speak in favor of their request. He was sworn in by Chairman Duer. Mr. Robertson explained their home was destroyed by fire on December 5, 2007. Mrs. Robertson suffered third degree burns on 20% of her body and was transported by Careflight to a Dallas hospital where she stayed for approximately two months. He explained that is the reason why two months passed before they contacted the City of North Page 2 of 4 04/26/07 ZBA Minutes Richland Hills regarding their home loss. He stated he contacted the city in February requesting an inspection. David Pendley and David Hayslip inspected the home and gave instructions to clean up the property to better access the damage. After the cleanup, David Hayslip inspected the home again approving the foundation to rebuild on. Mr. Robertson explained that his home was constructed around 1957 and is 1365 square feet which does not meet the current minimum size required in R-2 zoning of 1800 square feet. He stated he is requesting a variance to rebuild. He hopes the Board will grant his request since their insurance policy will not include coverage to update the home to current building codes. He is a 71 year old and retired, his wife has been disabled since 1996 with no minimum income to rebuild. Mr. Robertson stated he printed information from Tarrant Country Appraisal website and comparing his home to the ones in the area of 1000-1400 sq.ft. living area. Mr. Robertson thanked the Board for their time and consideration. Chairman Duer asked if there was anyone else to speak in favor of or against BA 2007 -03? Elba Brawley, 3613 Bewley, North Richland Hills, came forward asking if Mr. Robertson would rebuild a one story or two story home, if it was going to be brick or framed? She stated she was concerned about him rebuilding a smaller home which would reduce her property value. Chairman explained that she could review the floor plans in front of her. He is going to use the existing slab and is requesting a variance so he does not have to build 1800 sq.ft. There being no others wishing to speak, Chairman Duer closed the public hearing at 6:45. David Pendley, Building Official, asked if there would be a time table when the construction would be complete? Tom Harvey, 449 Morning Star, Ln., Keller, TX 76248 came forward stating he was a close friend to Mr. Robertson. He is a carpenter and framer by trade and was asked to help rebuild the home. He states he is duplicating the same house with a few exceptions due to current building codes and estimates the completion in 120 days. Chairman Duer asked David Pendley if anything should be in included in the motion as far as time restraints. Mr. Pendley stated there should be something recorded in the minutes. Jerry Henry asked if any vacant lots are in this subdivision? David Pendley replied there might be one or two but in his observation it seems to be a matured neighborhood with no empty lots. Page 3 of 4 04/26/07 ZBA Minutes There being no one to speak further regarding the item, Chairman Duer closed the public hearing at 6:49 p.m. APPROVED Jim Kemp, seconded by Bill Gibbs motioned to approve BA 2007-03 to authorize a permit for the reconstruction/repair of the residence at 3609 Bewley, with a six month time restriction effective on this date. The motion was carried unanimously (6-0). Leslie Jauregui was absent. Chairman Duer opened the discussion of the review session meeting time for this Board. After discussion, it was decided the Board would meet at 6:30 p.m. for review session in the Pre-Council Chambers and 7:00 p.m. for the regular meeting in the City Council Chambers. APPROVED Slxto Rodriguez moved that is meeting time be approved, seconded by Fonda Kunkel. The motion was carried unanimously (6-0). Leslie Jauregui was absent. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:51 p.m. Chairman 7~~ IJM~ Tom Duer y --" Page 4 of 4 04/26/07 ZBA Minutes