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HomeMy WebLinkAboutZBA 1997-04-17 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH lAND HillS, TEXAS APRil 17, 1997 - 7:30 P.M. 1. CAll TO ORDER The meeting was called to order by Chairman Duer at 7:30 p.m. 2. ROLL CAll Present ZBA Members Chairman Duer Bill Schopper Paul Young Jimmy Bellomy Billy Cypert City Staff Recording Secretary Planner Valerie Taylor Bill Longnecker 3. CONSIDERATION OF MINUTES OF MARCH 20, 1997 Because the members did not receive a copy of these minutes, this item will be voted on at the next regularly scheduled meeting in May. Chairman Duer explained that this board consists of five voting members, State Law requires four affirmative votes for a variance to pass. 1 L 4. BA 97-11 REQUEST OF DEAN TURNER TO VARY FROM THE MASONRY REQUIREMENT FOR A PERMANENT ACCESSORY BUILDING ON LOT 14, BLOCK 5, HOLIDAY HILLS ADDITION. (LOCATED AT 4605 RIVER VIEW DRIVE.) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Dean Turner, applicant, a 25 year resident, explained he was building an permanent accessory building as a game and recreation space. He explained that once he retires, this will be one of his major hobbies. He has explained to his contractor that this building is to be high quality with coordinated steel siding and roof. The siding will have a lifetime guarantee. Mr. Turner thanked the Commission for their consideration and stated he would answer any questions the Commission might have. Chairman Duer called for any additional proponents. There being none Chairman Duer called for any opponents. There being none the public hearing was closed. In response to a question, Mr. Turner stated the height of the building would be 14', one foot less than the maximum allowed. He also explained that he had submitted two (2) different proposals, a 280 square foot building, and an alternative, a 240 square foot building. Mr. Cypert made a motion to approve BA 97-11, for a 240 square foot permanent accessory building, waiving the masonry requirement. The motion was seconded by Mr. Bellomy and carried 5 - o. 5. BA 97-12 REQUEST OF JACK RENSHAW TO VARY FROM THE MINIMUM SIDE BUILDING LINE REQUIREMENT FOR A CARPORT ON LOT 15R, BLOCK 26, RICH LAND TERRACE ADDITION. (LOCATED AT 7328 OAKLAND LANE.) TABLED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Jack Renshaw, applicant, explained that because his wife had hip replacement surgery it prohibits her from getting in and of the car in the garage. 2 He hired a contractor to build a carport and was informed by the contractor that he had taken out all the necessary permits. Upon completion of the project, Mr. Renshaw asked the contractor for proof of a building permit; at that time he found out there was not one taken out. Mr. Renshaw stated that because of the shape of his driveway, it was too expensive to have it any closer or attached to his garage. Chairman Duer asked for any additional proponents. There being none, Chairman Duer asked for any opponents, there being none, Chairman Duer closed the public hearing. Mr. Cypert stated that he had a problem granting a variance for a carport when no other carports currently exist in the area; however a hardship does exist and Mrs. Renshaw's medical needs do weigh into this decision. He would like to give Mr. Renshaw the opportunity to work with his contractor to try and modify this carport to something acceptable for all parties involved. Mr. Cypert made the motion to table BA 97-12 until the May 15th meeting and give the applicant a chance to have his contractor modify this carport into something more acceptable. Mr. Schopper seconded the motion and the vote was 5 - O. 6. BA 97-13 REQUEST OF SCOTTY GUINN TO VARY FROM THE REAR YARD OPEN SPACE AREA REQUIREMENT ON LOT 3, BLOCK 2, MEADOW LAKES NORTH ADDITION. (LOCATED AT 6109 IRON HORSE DRIVE) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Scotty Guinn, applicant, explained that this is a pie shaped lot with the narrow end being the back of the lot. His proposed home will sit back into the lot because of the extensive layout of concrete sidewalks and driveway. He stated he would answer any questions the Commission might have. Chairman Duer called for any additional proponents. There being none, Chairman Duer asked for any opponents. There being none, the public hearing was closed. Mr. Cypert made the motion to approve BA 97-13. 3 The motion was seconded by Mr. Young and carried 5 - O. 7. BA 97-14 REQUEST OF JULIAN T. PEREZ TO VARY FROM THE MINIMUM FRONT BUILDING LINE REQUIREMENT FOR A CARPORT ON LOT 10, BLOCK 22, SNOW HEIGHTS ADDITION. (LOCATED AT 6705 CORONA DRIVE) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Julian Perez, applicant, stated that he is coming back to the Commission after being denied his original request at the April 17, 1997, meeting. Mr. Perez stated that he has reduced the length of the carport to 18'; originally he had requested a 24' carport. He would like to build this carport to protect his vehicle from hail damage caused by the spring storms. Mr. Perez additionally explained that his laundry room is inside of his garage and this prohibits him from parking his vehicle inside. Chairman Duer asked Mr. Perez if he had considered a rear entry carport, like the neighbors to the west of him. Mr. Perez stated that was not feasible since he is trying to protect his vehicle from the weather. He stated a rear entry carport would not allow him ample time to move the vehicle out of damaging weather. Mr. Perez stated that he needs a carport in the front. Mr. Perez stated that if need be he would be willing to go in to a 15' carport instead of an 18' carport. Chairman Duer called for any additional proponents. Mr. Bill Andrews, 6709 Corona Drive, spoke in favor of this request. He stated that there is a hedge that would hide the carport from sight off of Rufe Snow drive. Mrs. Virginia Shambley, 6700 Corona Drive, stated that anything the Perez's would do to their property would be of high quality and asked that the Commissioners approve this request. Chairman Duer called for any additional proponents. There being none, Chairman Duer called for any opponents. There being none, the public hearing was closed. Chairman Duer stated that he sees the laundry room inside the garage as a semi garage enclosure, thus prohibiting the required covered parking. 4 Mr. Bellomy stated that it was his opinion that granting a variance for a carport in the front yard would set a precedent and he doesn't want to do that. Chairman Duer made a motion to approve BA 97-14 for a 15' front building line encroachment. Mr. Cypert seconded the motion and the vote was 2 - 3. Messieurs Bellomy, Young and Schopper were opposed. Mr. Perez asked why a variance was granted at 6708 Shauna Drive when no other carports exist in that area. It was explained to Mr. Perez that, (1) that carport was built before the fact, and (2) a handicapped person lived there; special considerations are given for hardships. Chairman Duer explained Mr. Perez's rights of appeal in a district court. Mr. Perez stated that he believes he is being discriminated against. 8. BA 97-15 REQUEST OF PATRICIA RUSSO TO VARY FROM THE MINIMUM SIDE BUILDING LINE FOR A CARPORT ON LOT 1, BLOCK 7, BRIARWOOD ESTATES ADDITION. (LOCATED AT 6916 POST OAK DRIVE.) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Frank Russo, husband of the applicant, presented this request. He stated they have lived in this neighborhood since 1982. They recently purchased a full sized conversion van that is too big to park inside the garage. He explained that his garage has a post in the middle and prohibits him from getting a vehicle of this size in it, thus the request for a variance to construct a carport on the side of his home. Mr. Russo pointed out several carports on Turner, Hewitt and several on Meadow Road as well. In response to a question, Mr. Russo stated that he does have a two car garage and parks one car in there; the van will not fit in the garage. He stated it is not an open two car garage because of the post down the middle. Mr. Longnecker informed the Board members that two anonymous letters had been received in opposition to this carport and were copies were included in their packets. 5 Mr. Russo asked if these letters were signed and he was informed that the letters were not signed and that was the authors privilege. Mr. Russo objected to the fact that he had to sign his variance request and these objections did not require a signature. Mr. Russo stated that the precedent for carports had already been established in his neighborhood and he had already pointed out numerous streets they existed on. It was explained to Mr. Russo that those carports may exist illegally, and that this precedent had not been established to this Board tonight. Mr. Russo stated that he thought Code Enforcement should go out and check each of these out then. Mr. Russo stated that he wanted to know who wrote the letters, and it was again explained to Mr. Russo that they had been received anonymously and that staff did not have names or addresses of these people. Mr. Russo felt that he should be able to apply for a variance confidentially also then. Mr. Russo was informed that everyone within 200 square feet of his property was notified of his request. Both letters of opposition were in response to this notification. So it was safe to assume that these letters came from neighbors within 200 feet of his home. Chairman Duer called for any additional proponents. Mr. Phillip Cunningham, 6921 Post Oak Drive, doesn't see a carport as a devaluation of property and is in favor of this request. Chairman Duer called for any additional proponents. There being none, Chairman Duer called for any opponents. There being none, the public hearing was closed. Chairman Duer asked if there was any chance of having any protective covering behind his home and Mr. Russo explained that their rear yard is too narrow to do so. Chairman Duer asked Mr. Russo if there was any chance of reducing the size of this carport and Mr. Russo stated that no, the van was too large to reduce the size of the carport. Chairman Duer made a motion to approve BA 97-15. The motion was seconded by Mr. Young and the vote was 2 - 3. Messieurs Bellomy, Schopper and Cypert were opposed. Mr. Russo was informed that the motion did not carry and was also informed of his right of appeal in a State District Court. 6 II , . ), 9. BA 97-16 REQUEST OF LARRY PIRKLE TO VARY FROM THE REQUIRED MINIMUM BACK BUILDING LINE FOR A GARAGE ON LOT 3, BLOCK 4, OAK HILLS ADDITION (LOCATED AT 7008 LONESOME OAK DRIVE) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Larry Pirkle, applicant, explained that he currently has a temporary accessory building that sits over the rear building line. He is proposing to tear this down and construct a larger permanent building for a garage. He explained that because of the pie shaped lot and the location of his home in it's proximity to the front and side building lines eliminates the possibility of the garage being placed on either side or front of the house. Thus, a request for relief of the minimum rear building line. It was brought to Mr. Pirkles attention that he could not run a business or have anyone live in this structure and Mr. Pirkle stated that he understood this. Chairman Duer asked for any additional proponents. There being none, Chairman Duer asked for any opponents. Mr. Nick Fuller, 7005 Leaning Oak, stated he needed clarification on where the building was going to sit. He couldn't say whether he was opposed or not until he knew the exact location. Mr. Fuller was shown the location of the proposed garage. Ms. Pat Sivan, 7012 Leaning Oak, was opposed to this request. She doesn't believe anyone needs three garages. It was explained to Ms. Sivan that Mr. Pirkle is allowed to construct this garage. He is not asking for a variance to allow the building, only a variance on the location of that building. Ms. Sivan has a problem with the ordinance allowing this type of structure. Ms. Sue Tracy, 7008 Leaning Oak, was opposed to this request and stated she also has a problem with the ordinance allowing this type structure. Chairman Duer asked for any additional opponents. Chairman Duer pointed out for those opposed in the audience that in order for City Ordinances to be changed, action by the City Council was required 7 · . ." Mr. Cypert made the motion to approve BA 97-16. The motion was seconded by Mr. Schopper and it carried 5 - O. 10. STAFF REPORT There was nothing to report. 11. CITIZEN COMMENTS Mr. Julian T. Perez, 6705 Corona Drive, wanted clarification on the hardship case at 6708 Shauna Drive. It was explained that someone in that household was handicapped, the variance was granted to protect an individual and not a vehicle. Mr. Perez explained that he was disabled in 1982 and there are times he has a hard time walking from the truck to the grocery store. He explained this is why a rear entry carport is of no use to him; he can not open heavy gates. Again, it was explained to Mr. Perez the appeal process through the State District Court. 12. ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 8:50 p.m. ?~~~ Chairman Thomas Duer 8