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HomeMy WebLinkAboutZBA 1997-07-17 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH LAND HILLS, TEXAS JULY 17,1997 - 7:30 P.M. 1. CALL TO ORDER The meeting was called to order by Acting Chairman Christensen at 7:30 p.m. 2. ROLL CALL Present ZBA Members Acting Chairman Christensen Paul Young Don Ferguson Cindy Martin Jimmy Bellomy City Staff Director Recording Secretary Planner Barry LeBaron Valerie Taylor Bill Longnecker 3. CONSIDERATION OF MINUTES OF JUNE 17, 1997 APPROVED Mr. Young made the motion to approve the minutes of the June 17,1997 meeting. Ms. Martin seconded the motion and it carried 5 - O. Acting Chairman Christensen explained that this board consists of five voting members, State Law requires four affirmative votes for a variance to pass. 1 4. BA 97-21 REQUEST OF INEZ FALCONE TO VARY FROM THE GENERAL SCREENING WALL AND FENCE CRITERIA AND THE MINIMUM FRONT BUILDING LINE ON LOT 1, BLOCK 19, SNOW HEIGHTS ADDITION (LOCATED AT 6700 SHAUNA DRIVE) APPROVED Acting Chairman Christensen opened the public hearing and asked any proponents to come forward. Ms. Falcone presented her request and presented a letter signed by four of her neighbors supporting this variance request. She also submitted pictures and explained that after continuous problems with children from the middle school cutting across her driveway and yard, she had contracted Sears to install this fence. After the fence was installed Ms. Falcone received a letter from the City's Code Enforcement office stating that a permit had not been taken out and that the fence was in violation of city codes. Ms. Falcone contacted Sears and stated she would withhold final payment until this issue was resolved with the City. Ms. Jean Mitchell, 6704 Shauna Drive, is in favor of this request. Acting Chairman Christensen called for any additional proponents. There being none, Acting Chairman Christensen called for any opponents. There being none, the public hearing was closed. It was the general consensus of the Board that the only concern was the height of the fence. While the fence is cyclone, the afternoon sun reflecting off of it could interfere with the visibility of traffic. The Board asked Ms. Falcone if she would consider lowering the height of the fence to 30", so cars could see over the top of the fence, but it would still deter the children. Ms. Falcone stated she had no problem with this. Ms. Falcone additionally state"d that she will not let the Red Tip Photinias exceed 30" as well. Mr. Young made the motion to approve BA 97-21 subject to reducing the maximum height of the fence and bushes to 30" between the first and second pole. Mr. Ferguson seconded the motion and it carried 5 - O. 2 5. BA 97-20 REQUEST OF ROBERT CALLAWAY TO VARY FROM THE MINIMUM SIDE BUILDING LINE ON LOT 8, BLOCK 3, MEADOW LAKES NORTH ADDITION (LOCATED AT 6021 IRON HORSE DRIVE) DENIED Acting Chairman Christensen opened the public hearing and asked the applicant to come forward. Mr. Robert Callaway presented his request. He explained that due to the irregular shape of his rear yard, he is requesting this variance. He has submitted two proposals for the location of this pool; 1. placing the pool up against the 20 foot building line and running the fence 8 feet into the building line or, 2. placing the pool up against the 20 foot building line and running the fence 3'4" into the building line. The applicant prefers the first proposal, stating that a window on the rear of the house would be blocked by the gate with proposal 2. Responding to questions posed by the Board, Mr. Callaway stated that the house directly behind his is still under construction, and has not been sold yet. He also explained that the spa sitting in his rear yard is not hooked up yet; ultimately they would like to keep the spa, however, until they determine the location of the pool they won't hook it up. Discussion ensued regarding the location of the fencing and the proposed gate crossing the driveway. Mr. Callaway stated he intends to use a wrought iron gate across the driveway. Mr. Young pointed out that a timer would have to be installed on this type gate that automatically shuts it, to avoid the Callaways driving off and leaving the gate open. Mr. Callaway stated this would not be a problem. Acting Chairman Christensen called for any additional proponents. There being none, Acting Chairman Christensen called for any opponents. There being none, the public hearing was closed. The board members all feel that a hardship would be created for the house behind the Callaway's by granting this variance. Ms. Martin asked Mr. Callaway about moving the pool in just 3 feet, stating he would only loose a corner of the pool. The board offered several options they felt would better serve everyone involved and Mr. Callaway stated that he knew these options existed, but had applied for a variance to avoid doing that. Mr. Young made a motion to approve proposal #2, of BA 97-22 subject to the gate crossing the driveway being automatic shutting. 3 The motion died for lack of a second and BA 97-22 was denied. 6. SA 97-23 REQUEST OF NORTH RICHLAND HILLS BAPTIST CHURCH TO VARY FROM THE MINIMUM FRONT BUILDING LINE AND THE MAXIMUM LOT COVERAGE ON LOT 1-R, PARCHMAN ADDITION (LOCATED AT 4001 VANCE ROAD) APPROVED Mark Wood, 6317 Riviera, Chairman of the Building Committee for the church, presented this request. He explained that a 71 ,000 square foot facility is being planned for a children's education center. This canopy will allow for a drop off zone for the children. No visibility problems will be incurred and the height of the canopy will be approximately 12 - 13 feet. A written cross-parking agreement currently exists with the bank, so parking will not become an issue with the growth of the church. Acting Chairman Christensen called for any additional proponents. There being none, he called for any opponents. There being none, the public hearing was closed. Mr. Bellomy made the motion to approve BA 97-23. Mr. Young seconded the motion and it carried 5 - O. 7. BA 97-24 REQUEST OF REGINALD AND CAROLYN COOPER TO VARY FROM THE MINIMUM FRONT BUILDING LINE ON LOT 2, BLOCK 24, RICH LAND HILLS WEST ADDITION (LOCATED AT 6229 ONYX DRIVE NORTH) APPROVED Ms. Jean Cloke, American Eagle Homes, and contractor for the Coopers presented this request. Ms. Cloke explained that the front yard of this lot is shaped by a curve in Onyx Drive North which makes the eastern corner over 12 feet shorter than the western corner. An accessory building currently exists on this lot, and the Coopers would like for it to remain in place, so they are requesting a variance on the front building line for their new home. In response to a question, Ms. Cloke stated the house will be approximately 2440 square feet. She explained that the accessory building is 120 square feet and is on a concrete foundation and is in compliance with city codes. 4 Acting Chairman Christensen called for any additional proponents. There being none, he called for any opponents. There being none, the public hearing was closed. Mr. Ferguson made the motion to approve SA 97-24. The motion was seconded by Mr. Bellomy and it carried 5 - O. 8. BA 97-25 REQUEST OF MOHAMMAD BHATTI TO VARY FROM THE MINIMUM SIDE BUILDING LINE ON LOT 12, BLOCK 4, WINDCREST ADDITION (LOCATED AT 7001 HANGING CLIFF PLACE) APPROVED Mr. Bhatti, applicant, presented this request. He explained that he had applied for and received a building permit for a patio cover and bathroom addition. Upon inspection of the patio cover, the building inspector found the structure to be 10 feet into the side building line. Mr. Bhatti's plans are to eventually build a swimming pool; this added bathroom will be for kids coming out of the pool. He has no intention of enclosing the patio. Mr. Bhatti presented the board members with letters from 2 of his neighbors supporting his variance request. He explained that the work is complete and the contractor has been paid in full. Acting Chairman Christensen called for any additional proponents. There being none, he called for any opponents. There being none, the public hearing was closed. Ms. Martin asked the applicant if he understood and had no problem with the area under the patio cover remaining turf; Mr. Bhatti stated that no, he did not have a problem with this. Mr. Young made the motion to approve BA 97-25 with none of the patio area within the encroachment ever being enclosed. Ms. Martin seconded the motion and it carried 5 - O. 9. STAFF REPORT There was nothing to report. 5 , ~ 10. CITIZEN COMMENTS There were none. 11. ADJOURNMENT There being no additional business to conduct, the meeting adjourned at 8:40 p.m. ?L-~ Chairman Thomas Duer 6