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HomeMy WebLinkAboutZBA 1996-01-18 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF DECEMBER 14, 1995 1. BA 95-40 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH LAND HillS, TEXAS JANUARY 18, 1996 - 7:30 p.m. The meeting was called to order by Chairman Tom Duer at 7:30 p.m. PRESENT Chairman Members Dr. Tom Duer Bill Schopper Billy Cypert Perry Christensen Robert Skinner Jimmy Bellomy Barry LeBaron Steve Pence Clayton Husband Gregory Arrington Randy Shiflet None Planning Director B u i Id i ng Official Planner Plans Examiner Asst City Manager ABSENT Mr. Cypert made the motion to approve the minutes as presented. The motion was seconded by Mr. Schopper. The motion carried 4-0, with Mr. Bellomy and Mr. Skinner abstaining. Chairman Duer stated that the State law requires four affirmative votes for a variance request to pass, regardless of the number of members in attendance. He stated the Board consists of 5 voting members and 2 alternate members. Request of Jim Warren to allow a carport to encroach the front building line on Lot 3, Block 19, Snow Heights Addition. (Located at 6708 Shauna Drive) TABLED 12/14/95 Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Jim Warren, 6708 Shauna Drive, came forward to speak. He stated he had a carport installed in November and paid for a city permit, but the contractor did not pull the permit. He stated the city advised him he would need a variance to allow the carport to remain on the property. He stated he has spoken with his neighbors regarding the variance. Chairman Duer asked if Mr. Warren has contacted the contractor. Mr. Warren stated yes. He stated the contractor is not returning his phone calls. ZBA Minutes - Page 2 18 January 1996 Mr. Schopper asked if staff has taken any action against the contractor. Mr. LeBaron stated appropriate action will be taken up with the contractor. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Schopper made the motion to approve BA 95-40. The motion was seconded by Chairman Duer. The motion carried 6-0. 2. BA 95-44 Request of Douglas Moffitt to allow a carport to be constructed beyond the side building line on Lot 20, Block 7, Stonybrooke Addition. (Located at 7216 Stonybrooke Drive) TABLED 12/14/95 Chairman Duer stated that this request has been withdrawn by the applicant. 3. BA 95-43 Reconsideration of the request of Dana Marsha to vary from the masonry requirement on a detached garage on Lot 25, Block 8, Windcrest Addition. (Located at 7224 Windhaven Road) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Dana Marsha, 7224 Windhaven Road, came forward to speak. She stated her request was approved at the previous meeting subject to lining the structure up with the house. She stated lining up the garage with the house prevents her from maneuvering the car into the garage. She asked the Board to consider allowing her to set the building six feet from the side property line as allowed by the zoning regulations. Chairman Duer asked if the car was one that will be moved in and out of the garage freq uently. Ms. Marsha stated no. Chairman Duer stated the Board's concern was the visibility of the structure. Ms. Marsha stated she intends to construct a gate on the side of the property so that people cannot see into the backyard. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Christensen made the motion to approve BA 95-43 subject to the following: the side building line of the detached garage be six feet from the side property line; and a six-foot stockade gate on the side of the house. The motion was seconded by Mr. Schopper. The motion carried 6-0. ZBA Minutes - Page 3 18 January 1996 4. BA 96-01 Request of John McNeff to vary from the side building line requirements on Lot 9, Block 1, Oak Ridge Estates. (Located at 7412 Wood haven Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. John McNeff, 7400 Meadowview Terrace, came forward to speak. He stated they were misinformed on the side yard requirements by the seller and realtor. He stated they designed their house based on the wrong information. Mr. McNeff stated the lot is 70-feet wide at the front, and the house is proposed at 56-feet wide. He stated he is seeking a variance for a six-foot and four-foot side yard, or a one-foot encroachment on each side. Mr. Christensen stated the applicant might consider a nine-foot and five-foot side yard to accommodate the house. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer stated this request is similar to the one received in the Meadow Lakes area last year. Mr. Christensen stated the applicant should be aware of the drainage and swale requirements recently adopted by the City Council. He stated that approval of the variance will not negate those requirements. Mr. Bellomy made the motion to approve BA 96-01 subject to a one-foot encroachment on each side building line, and a one-foot encroachment on the front if necessary. The motion was seconded by Mr. Skinner. The motion carried 6-0. 5. BA 96-02 Request of John Berlanga to allow a second satellite dish receiver on Lot 1, Block 35, Holiday West Addition. (Located at 5600 Rufe Snow Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Bellomy made the motion to table BA 96-02 until the next meeting so the applicant could appear before the Board. The motion was seconded by Mr. schopper. The motion carried 6-0. 6. BA 96-03 Request of Brad Keiser to vary from the rear yard open space requirement on Lot 2, Block 1, Meadow Lakes North Addition. (Located at 6109 Club House Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Brad Keiser, 1303 Shady Hollow Drive, Euless, came forward to speak. He stated the proposed house plan is 289 square feet short of the required rear yard open space. He stated there is a 15-foot utility easement at the rear that prevents ZBA Minutes - Page 4 18 january 1996 any future improvements such as a pool or storage building. He stated the property has a 14-foot side yard that they wou Id like to i ncl ude as part of the rear yard. Mr. Harold Johnson, with Choice Homes, came forward to speak. He stated they are constructing a 2-story house on Lot 3, and a 1-story house on Lot 2. He stated some of the lots are shallow in depth, especially along Browning Drive. He stated they are building model homes and do not want to take up space on premium lots for models. Mr. Johnson stated the lots are not big enough to construct the one- story homes the buyers are wanting without consuming portions of the rear yard. He stated the model home is 2,550 square feet in size. Mr. Christensen asked how many possible sites will have this problem. Mr. Johnson stated it is difficult to tell since it depends upon the floorplan the customer chooses. He stated the problem would most likely be limited to three to four lots. There was general discussion regarding the floor plans and sizes of the houses. Mr. Schopper stated his concern over putting a large model home on a lot that is too small. Mr. Johnson stated that the market is swinging towards larger houses and smaller lots for maintenance reasons. Mr. Cypert stated that the difference in the open space amounts to about two feet of depth across the rear of the lot. He stated that side yards could be as advantageous as rear yards on some of these houses. Mr. John Pena, 6620 Carston Court, came forward to speak. He stated his opposition to the request. He stated he is building the residence at 6108 Iron Horse Drive, backing up to the golf course. He stated he feels that approval of the variance would downgrade the neighborhood. Chairman Duer asked if he understood the problem the applicant is facing. Mr. Pena stated yes. Chairman Duer asked if he would rather see a smaller house or a larger yard for this property. Mr. Pena stated a larger yard. Mr. Don Reynolds, a builder in the subdivision, came forward to speak. He stated he has two houses under construction in the area. He stated his opposition to the req u est. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer made the motion to approve BA 96-03. The motion failed due to the lack of a second. ZBA Minutes - Page 5 18 Jan uary 1 996 7. BA 96-04 Request of Walco Sign Company to vary from the maximum sign height requirement on Lot 1 R, Block A, Calloway Farm Addition. (Located at 7624 Grapevine Highway) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Steve Waldrum, 207 Dennis, Irving, came forward to speak. He stated he represents Walco Sign Industries, the contractor for the existing sign at the mall. He stated the mall is requesting to raise the height of the sign to 75-feet because the sign is not visible from the freeway. He stated the mall is in need of an identification point such as the sign. He stated the Owens sign and Shoney's sign are both over 70-feet tall. Mr. Waldrum stated the foundation will be rebuilt and redesigned to accommodate the extra height. Mr. Schopper stated his concern over the sign blocking existing signs. Mr. Waldrum stated the company intends to conduct a line of sight study with a crane and target. Mr. Skinner made the motion to approve BA 96-04 subject to a 70-foot maximum sign height. The motion was seconded by Mr. Christensen. The motion carried 6-0. STAFF REPORT None. ADJOURNMENT There being no further business, the meeting was adjourned. ~ Dr. Tom Duer, Chairman