HomeMy WebLinkAboutZBA 1997-06-19 Minutes
MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF NORTH RICHlAND HillS, TEXAS
JUNE 19, 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
Don Ferguson
Cindy Martin
Alternate
Perry Christensen
City Staff Director
Recording Secretary
Planner
Barry LeBaron
Valerie Taylor
Bill Longnecker
3.
CONSIDERATION OF MINUTES OF MARCH 16, 1997
APPROVED
Mr. Schopper made the motion to approve the minutes of the March 16, 1997
meeting. Mr. Young seconded the motion and it carried 5 - O.
4.
CONSIDERATION OF MINUTES OF MAY 15, 1997
APPROVED
Mr. Schopper made the motion to approve the minutes of the May 15, 1997
meeting.
Mr. Ferguson seconded the motion and it carried 5 - o.
Chairman Duer explained that this board consists of five voting members, State
Law requires four affirmative votes for a variance to pass.
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5.
BA 97-19
REQUEST OF TOM & JANET GRUBISH TO VARY FROM THE HEIGHT
REQUIREMENT FOR A FENCE AROUND A SWIMMING POOL ON TRACT
1 B12, S. RICHARDSON SURVEY, A-1266 (LOCATED AT 8025 VALLEY
DRIVE)
APPROVED
Chairman Duer opened the public hearing and asked any proponents to come
forward.
Ms. Janet Grubish presented this request. She explained they are requesting a
variance to the height of the required pool fence. Ms. Grubish explained that on
her property there is a pond, approximately 30 feet deep, that the City put there.
No fence surrounds this pond and the Grubish's believe the pond is actually a
bigger hazard than a pool. Ms. Grubish explained that a four foot fence
surrounds the property that the pool will be built on. Ms. Grubish stated that the
property directly behind theirs has a swimming pool and they have only a four
foot fence around it.
In response to a question, Ms. Grubish stated that she would not have a problem
removing the board over the cyclone fencing that is attached to the split rail
fence that currently exists, so the sharp edges would be a better deterrent for
small children climbing the fence. Ms. Grubish also stated that the gates will be
equipped with the required self-closing, self-latching mechanisms.
Chairman Duer asked for any additional proponents. There being none,
Chairman Duer called for any opponents. There being none, the public hearing
was closed.
Mr. Young made the motion to approve BA 97-19 requiring the gates be
equipped with self-closing, self-latching gates.
Mr. Schopper seconded the motion and it carried 5 - O.
6.
BA 97-20
REQUEST OF DARL Y GIBSON TO VARY FROM THE HEIGHT
REQUIREMENT FOR A FENCE AROUND A SWIMMING POOL ON TRACTS
1A01A1, 1A1B1 AND 1A1D, J. CONDRA SURVEY, A-130 (LOCATED AT 7224
BURSEY ROAD)
APPROVED
Chairman Duer opened the public hearing and asked the applicant to come
forward.
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Mr. Darly Gibson presented his request. He explained that the fence around his
property is five feet six inches - so he is only requesting a variance for a couple
of inches. The gate is already equipped with the self-closing, self-latching
mechanisms. Additionally, the gate across the driveway is electronic and is self
closing. His property is zoned Agricultural.
Chairman Duer asked for any additional proponents. There being none,
Chairman Duer called for any opponents. There being none, the public hearing
was closed.
Mr. Schopper made the motion to approve BA 97-20.
Mr. Young seconded the motion and it carried 5 - O.
7.
CONSIDERATION OF AMENDING THE RULES OF PROCEDURE FOR THE
NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT.
DENIED
This item concerns an amendment to the ZBA Rules of Procedure regarding
citizen requests for a rehearing. Mr. Schopper stated that since this amendment
had been discussed in length at the previous meeting, he would make a motion
to approve the amendment to the procedures for the Zoning Board of
Adjustment.
Mr. LeBaron stated that he had compiled a generic amendment based on the
issues discussed previously. However, the proposed amendment does not
include any language or dialog of how the fee's for rehearing would be handled.
The board members need to decide how they want this issue handled.
Additionally, it should probably be decided how many times they will re-hear an
item.
Much discussion ensued among the board members regarding the merits of
incorporating procedures for rehearings, of particular concern by the board
members involved questions of legalities associated with this amendment.
After lengthy discussion, it was determined that this board should not adopt the
proposed amendment and continue advising citizens that state law mandates the
only recourse the applicant has is a state district court after the Board has acted
on a case.
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Mr. Schopper withdrew his motion to approve this amendment and the members
unanimously agreed they did not want to adopt this amendment to the Rules of
Procedure for the Zoning Board of Adjustment.
8.
STAFF REPORT
There was nothing to report.
9.
CITIZEN COMMENTS
There were none.
10.
ADJOURNMENT
There being no additional business to conduct, the meeting adjourned at 8:20
p.m.
7tJ~ b*,--
Chairman Thomas Duer
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