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HomeMy WebLinkAboutZBA 1996-02-15 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MI N UTES OF JAN UARY 18, 1996 1. BA 96-02 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH lAND HillS, TEXAS FEBRUARY 15, 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 Paul Young Robert Skinner Jimmy Bellomy Barry LeBaron Gregory Arrington None Planning Director Plans Examiner 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 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. Mr. John Berlanga, 6108 Shady Cove Court, came forward to speak. He stated he would like to place a second satellite dish on the roof to demonstrate products in his business. He stated he has two small DSS dishes already in place. Mr. Skinner asked how many dishes are already on the building. Mr. Berlanga stated three dishes. Chairman Duer asked if there would be a problem in moving the larger two dishes towards the rear of the roof. Mr. Berlanga stated no. He stated his intent was to draw attention to the business from Rufe Snow Drive. ZBA Minutes - Page 2 1 5 February 1996 Mr. Skinner asked if Mr. Berlanga applied for a permit for the satellite dishes. Mr. Berlanga stated yes. Mr. Schopper asked if the dish will have the business name on it. Mr. Berlanga stated no, that the dish is a simple mesh design. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 96-02. The motion was seconded by Mr. Bellomy. The motion carried 5-0. 2. BA 96-05 Request of Erik Roseen to allow living quarters in a detached garage on Lot 2, Block 1, Oakvale Addition. (Located at 7420 Bursey Road) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Erik Roseen, 7420 Bursey Road, came forward to speak. He stated the dwelling is for his father. He stated they do not want to attach the addition to the house. He stated the building would be about 200 feet from the rear of the property. Mr. Roseen presented a floor plan of the structure. Chairman Duer asked if there is a garage in the building. Mr. Roseen stated yes. Mr. Skinner asked why Mr. Roseen does not want a breezeway connecting the two bu i Id ings. Mr. Roseen stated cost and location of the building. He stated the topography of the property does not make it easy to attach the buildings without a considerable amount of work. Chairman Duer asked how many acres are in the property. Mr. Roseen stated the property is two acres in size. Chairman Duer asked if there are other detached buildings on the property. Mr. Roseen stated there is one other building on the property. Mr. Skinner asked how long Mr. Roseen has lived at this address. Mr. Roseen stated five years. Chairman Duer stated his concern about emergency vehicle access to the property. ZBA Minutes - Page 3 1 5 February 1 996 Mr. Young asked what types of exterior construction material is required for a building like this one. Mr. LeBaron stated the building will have to meet the masonry requirement. Mr. Skinner asked if city sewer will be made available for this building. Mr. Roseen stated yes. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner asked how many other similar situations exist in the city. Mr. LeBaron stated he is not aware of any. He stated that the regulations do not address this type of situation because they are written with the traditional single family house and lot in mind. He stated if the city had a different type of development pattern, such as mostly large acreage tracts, the regulations might be different. Mr. Skinner asked how the property is zoned. Mr. LeBaron stated R-1 Single Family Residential. Mr. Bellomy stated his concern over having two residences on one lot. There was general discussion regarding the platting process. Mr. Cypert stated it would be difficult to attach the buildings due to the slope of the property and the numerous trees at the rear. Chairman Duer stated there are not that many properties like this one in the city. Mr. Bellomy stated his neighbor has a building attached with a walkway. Mr. Skinner stated his concern over there not being a breeze way connecting the two structures. Mr. Cypert made the motion to approve BA 96-05. The motion was seconded by Chairman Duer. The motion carried 4-1, with Mr. Cypert, Chairman Duer, Mr. Young and Mr. Bellomy voting for, and Mr. Skinner voting against. 3. BA 96-06 Request of Clyde Reed Jr. to allow a duplex to encroach the front and rear building lines on Lot 25R, Block 1, Fox Hollow Addition. (Located at 6305 Mark Court) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Clyde Reed Jr., 200 Looney Lane, Weatherford, came forward to speak. He stated they have an unusually shaped lot that makes it difficult to place the required size duplex on the lot. He stated they are seeking an encroachment of two feet on ZBA Minutes - Page 4 1 5 February 1 996 the front and one foot on the rear. He stated the structure meets the other zoning requirements. Chairman Duer asked how much the building would encroach the rear if the structure was built at the front building line. Mr. Reed stated three feet. Chairman Duer asked how long ago most of the duplexes were constructed. Mr. Reed stated about ten to twelve years ago. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner made the motion to approve BA 96-06 as presented. The motion was seconded by Mr. Cypert. The motion carried 5-0. 4. BA 96-07 Request Robert Tuley to vary from the rear yard open space requirement on Lots 1 and 2, Block 1, Windsor Park Addition. (Located at 6701-6705 Driffield Circle West) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Robert Tuley, 729 Grapevine Highway, Hurst, came forward to speak. He stated he owns the last three vacant lots in the subdivision. He stated the required length of the driveway causes and encroachment into the rear yard open space. He stated the homes are 1,500 square feet and larger, which is common for the area. Mr. Tuley stated the rear of the lots face the west. Chairman Duer asked the distance between the rear property line and the back of the house. Mr. Tuley stated about eight or nine feet. Mr. Young asked if the houses are two story. Mr. Tuley stated no, the cost would be too great to make the houses two story. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 96-07, as presented, for both lots. The motion was seconded by Mr. Bellomy. The motion carried 5-0. ZBA Minutes - Page 5 15 February 1996 5. BA 96-08 Request of Bruce Schwartz to vary from the commercial parking requirements on Lot 4, Block 1, Cochran Addition. (Located at 8204 Bedford Euless Road) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Bruce Schwartz, 1409 Swallow Circle, Lewisville, came forward to speak. He stated he is seeking a variance to allow him to place outdoor patio seating at the restaurant. He stated the seating would consume three spaces on the lot. He stated there are 67 spaces on the lot. Mr. Schwartz stated the Texas Department of Transportation bought right of way from this property and took several parking spaces with it. He stated the trend in restaurants is for more outdoor seating. Mr. Skinner asked how large the patio seating area would be. Mr. Schwartz stated 40 feet by 16 feet. Mr. Skinner asked how many diners the extra seating would accommodate. Mr. Schwartz stated about 36 to 42 persons. Mr. Cypert asked how many tables would be located in and outside of the restau rant. Mr. Schwartz stated there would be about 30 tables inside, and 8 to 10 outside. Mr. Cypert asked how many employees are usually at the restaurant on a peak night. Mr. Schwartz stated about 16 employees. Mr. Young asked how many parking spaces would be lost to the outdoor seating. Mr. Schwartz stated four spaces. Chairman Duer asked if Mr. Schwartz foresees any problems with patrons at adjacent restaurants parking on the wrong lot. Mr. Schwartz stated no. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Bellomy asked if there would be a parking problem on the street. Mr. LeBaron stated Bedford Euless Road does not have any place to park on the pavement. Mr. Bellomy made the motion to approve BA 96-08 as presented. The motion was seconded by Mr. Young. The motion carried 5-0. ZBA Minutes - Page 6 15 February 1996 6. BA 96-09 Request of Charles Clayton to allow a detached garage to encroach the rear building line on Lot 40, Block 3, Meadow Lakes Addition. (Located at 4909 Dory Court) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Charles Clayton, 4909 Dory Court, came forward to speak. He stated he started construction without a permit and the building is five feet too close to the rear property line. He stated the building would be a brick structure. Mr. Skinner asked if the building was only for a garage. Mr. Clayton stated the building will be used for a garage and storage. Mr. Skinner asked what utilities would be available in the garage. Mr. Clayton stated only electricity. Chairman Duer asked if he was going to close in the existing garage. Mr. Clayton stated no. Mr. Skinner stated the building encroaches the rear building line by five feet. Mr. Clayton stated the building meets the other setback requirements and does not encroach the uti I ity easement. There was general discussion regarding the widths of utility easements. Mr. Bill Matvicheck, 4913 Dory Court, came forward to speak. He stated his support for the request. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 96-09 as presented. The motion was seconded by Mr. Bellomy. The motion carried 5-0. 7. BA 96-10 Request of David Pokluda to vary from the masonry requirement on a residential addition on Lot 7, Block 11, North Hills Addition. (Located at 5820 Cynthia Circle) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. David Pokluda, 6341 Skylark Circle, came forward to speak. He stated he is the contractor for the addition. He stated they are seeking a variance on the masonry requirement because the brick is difficult to match. He stated the house is over 30 years old. He stated the addition will be at the rear of the house and will not be visible from the street. Chairman Duer asked if the brick taken off the house will be used on the addition. ZBA Minutes - Page 7 1 5 February 1 996 Mr. Pokluda stated most of the brick taken off the house will be re-used. Mr. Skinner asked if the brick being removed is sufficient to complete the work. Mr. Pokluda stated yes. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 96-10 as presented. The motion was seconded by Mr. Young. The motion carried 5-0. STAFF REPORT None. ADJOURNMENT There being no further business, the meeting was adjourned. 7~ø~ Dr. Tom Duer, Chairman