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HomeMy WebLinkAboutZBA 1997-12-18 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH lAND HillS, TEXAS DECEMBER 18, 1997 - 7:30 P.M. 1. CAll TO ORDER The meeting was called to order by Acting Chairman Schopper at 7:30 p.m. 2. ROll CAll Present ZBA Members Acting Chairman Schopper Paul Young Cindy Martin Billy Cypert Perry Christensen Absent Dr. Tom Duer City Staff Planner Recording Secretary Plans Examiner Christopher Baker Valerie Taylor P. J. Skare 3. CONSIDERATION OF MINUTES OF NOVEMBER 20, 1997 APPROVED Mr. Young made the motion to approve the minutes of the November 20, 1997 meeting. Ms. Martin seconded the motion and it carried 5 - O. Acting Chairman Schopper explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. 1 4. BA 97-41 REQUEST OF FRANK lOW TO VARY FROM THE RESIDENTIAL PARKING REQUIREMENTS FOR lOT 15, BLOCK 1, EMERALD HillS ADDITION. (lOCATED AT 5625 GALWAY lANE) TABLED Acting Chairman Schopper opened the public hearing and asked the applicant to come forward. Mr. Frank Low stated that he did not want to build a carport. He has enclosed his garage and there is no extra parking except for the driveway, which would encroach on the front building line. Mr. Kenneth Tola, Craftmasters, stated he was the contractor that had performed the work. He explained that the right hand elevation of the home, where the carport would go would be extremely tight making it an insufficient space for a carport. He stated Mr. Low only has one (1) car. Responding to a question regarding the lack of masonry across the front of the garage enclosure, Mr. Tola explained that originally the permit had been rejected because it didn't meet the masonry requirements. However, after recalculating, it was determined they could use the vinyl siding. A handicapped entrance was also added, since Mr. Low has a hard time getting around. Mr. Cypert stated that it was his understanding that the garage enclosure was not permitted. Mr. Tola stated his permit request was rejected originally. When they resubmitted the plans for the rear addition, the garage enclosure was inadvertently left off the drawings. Responding to a question, Mr. Tola stated that the sub-standard electrical work had been corrected. Acting Chairman Schopper called for any additional proponents. Seeing none, he called for any opponents. Mr. Cypert asked if as far as the City was concerned, did the house meet current codes. P.J. Skare, Plans Examiner, responded that the parking requirements for a single-family residential zoning district are not being met. Mr. Skare stated the only work that was permitted was for a sunroom addition on the rear of the home. He had not seen or heard of a garage enclosure. Acting Chairman Schopper stated that because there were several unresolved issues remaining on this item, he would entertain a motion to table this request until a later date, allowing the homeowner and applicant time to clarify these issues. 2 Mrs. Gunter, Mr. Low's daughter stated that while she had not intended on speaking this evening, she needed to understand what the Board was saying. Mrs. Gunter stated that had been led to believe that Craftmasters had obtained all the necessary permits and that the garage enclosure was permitted. She explained they have had numerous problems with this company and would rather not let this company proceed with the work. Mr. Schopper explained that the masonry requirement is not being met and the parking requirements are not being met. He is suggesting the Board Table this item and allow time for the homeowner to work with the staff and determine the best way to resolve these issues. Mr. Christensen made the motion to table BA 97-41. Mr. Cypert seconded the motion and it carried 5 - O. 5. BA 97-42 REQUEST OF JOSEPH lEUNG TO ENCROACH INTO THE SIDE YARD TO AllOW FOR THE CONSTRUCTION OF A GAS ISLAND CANOPY ON lOT 10R, BLOCK 7, ClEARVIEW ADDITION. (lOCATED AT 5050 DAVIS BOUlEV ARD) APPROVED Acting Chairman Schopper opened the public hearing and asked the applicant to come forward. Anthony Leung, son of the applicant presented this request, stating that they would like to build a gas canopy that will encroach nine feet (9') into the side yard. Responding to a question, Mr. Leung stated the canopy would be approximately 15'. Acting Chairman Schopper called for additional proponents. Seeing none, he called for any opponents. Mr. Loric, 7808 Standley Street, asked how the pumps would be aligned. P.J. Skare, Plans Examiner stated that the pumps would be 20' from the edge of the building. Seeing no additional opponents the public hearing was closed. Mr. Young made the motion to approve BA 97-42. 3 · . Mr. Christensen seconded the motion and it carried 5 - O. 6. BA 97-43 REQUEST OF KEllY ElliOTT TO CONVERT AN ACCESSORY BUIDING FOR liVING QUARTERS ON lOTS 21 & 22, HOllDER SMITHFIELD ESTATES (lOCATED AT 8628 TIMBER DRIVE) APPROVED Acting Chairman Schopper opened the public hearing and asked the applicant to come forward. Mr. Kelly Elliott presented his request. He distributed packets to the Board members showing pictures of his property and the proposed structure. He explained that his mother is listed as one of the property owners and that only she will reside there. Mr. Elliott stated he is also willing to sign a covenant stating that only one of the three (3) listed property owners would be allowed to reside in this structure and that it would never be used as rental property. Mr. Elliott explained that the accessory building currently exists and is two-stories with an attached garage. This entire building has never been finished out and is currently used for storage. The Elliott's plan on finishing out the first floor and continuing to use the upper level for storage only. Acting Chairman Schopper called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. After much discussion regarding a second dwelling on this premises, Ms. Martin made the motion to approve BA 97-43 subject to a covenant being signed stating that the City agrees to allow conversion of an accessory building for a secondary residence on said property per ZBA Case BA 97-43, but the only occupant shall be a title holder of the property or dependent thereof. The intent of the restrictions is to maintain the intended purpose of a "single family" property. Mr. Young seconded the motion and it carried 5 - O. 4 .. . 7. BA 97-44 REQUEST OF BECKY EVANS TO CONSTRUCT A CARPORT OVER THE FRONT BUilDING liNE ON lOT 2, 'BlOCK 2, Hill VIEW ADDITION. (lOCATED AT 6903 BRilEY DRIVE) DENIED Acting Chairman Schopper opened the public hearing and asked the applicant to come forward. Ms. Becky Evans stated they have three (3) vehicles and want protection from the Texas weather. Ms. Evans stated that her contractor said she would need a carport 35 x 20 to accommodate this. Acting Chairman Schopper called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. The Board members all believe the size of this carport is too large. They expressed concern about emergency vehicles and setting a precedent for carports this size. Acting Chairman Schopper asked Ms. Evans if she would be willing to compromise on the size of this carport. She explained this was the size carport she wanted. It was explained to Ms. Evans that four (4) affirmative votes are required in order for a variance to pass and the consensus didn't favor her side and she was given another opportunity to downsize her carport, but chose not to. Mr. Cypert made a motion to approve BA 97-44 with a modification of the carport from the front of the house to a length of 33', leaving approximately 11.5 feet from the backside of the curb. Mr. Young seconded the motion and the vote was 3 - 2. Messrs. Schopper, Christensen and Mrs. Martin were opposed. The motion failed. 5 .." ,t . ,. 8. BA 97-45 REQUEST OF JAMES STEPHENSON TO VARY FROM THE MASONRY REQUIREMENT FOR LOT 4, BLOCK 1, HUDIBURG ADDITION (LOCATED AT 7769 GRAPEVINE HIGHWAY) APPROVED Acting Chairman Schopper opened the public hearing and asked the applicant to come forward. Mr. Jim Stephenson presented his request explaining that they are asking a variance to delete the 75% masonry requirement on the rear portion of two new structures currently under construction. He explained they would like to use a pre-finished metal on these areas in lieu of the masonry requirement. These buildings face an existing service building that is all metal. The rear of the two new buildings will not be visible from anywhere except this existing service building. He stated that the finish would be a white Kinar on finish, which has a 20-year warranty. Acting Chairman Schopper asked for additional proponents. Seeing none, he called for any opponents. William Teroff, 4709 Nancy Lane, was opposed to this request citing that Mr. Hudiburg has never been a good neighbor. He complained that a "see through proof' fence was originally promised when Hudiburg first moved in and stated it was never erected. Acting Chairman Schopper explained that while he understood Mr. Teroffs concerns, it was not an issue with the variance being requested this evening. Mr. Robert Bachman, 4804 Nancy Lane, was opposed to this request. He showed pictures of a fence in disrepair behind Hudiburg's property. Ms. Thelma Wally, 4900 Nancy Lane, believes that her property is receiving Mr. Hudiburg's runoff since the parking lot has been built. Acting Chairman Schopper informed the audience again that the only authority this Board has is to determine if the applicant should receive a variance in the required masonry on this new structure. Mr. Hudiburg stated that if his neighbors have a problem then he does as well. Mr. Hudiburg stated that the fence in disrepair will be fixed and he is open to any of the neighbors coming to him personally and every effort will be made to comply with each neighbor's wishes. 6 ..' -i ( .. There being no additional opponents, Acting Chairman Schopper closed the public hearing. Mr. Cypert made the motion to approve BA 97-45. Ms. Martin seconded the motion and it carried 5 - o. 9. STAFF REPORTS 7 There were none. 10. CITIZEN COMMENTS There were none. 11. ADJOURNMENT There being no additional business to conduct, the meeting adjourned at 9:30 p.m. 7~ Á-- Chairman Thomas Duer