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HomeMy WebLinkAboutZBA 1996-04-18 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHlAND HillS, TEXAS APRil 18, 1996 - 7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Vice-Chairman Robert Skinner at 7:30 p.m. 2. ROLL CALL PRESENT Vice-Chairman ZBA Members Robert Skinner Bill Schopper Billy Cypert Paul Young Jimmy Bellomy ABSENT Chairman Dr. Tom Duer CITY STAFF Planning Director Planner Plans Examiner Asst. City Manager Barry LeBaron Clayton Husband Gregory Arrington Randy Shiflet 3. CONSIDERATION OF MINUTES OF MARCH 21, 1996 Mr. Husband stated the minutes were not finished by the meeting date and they would be on the next agenda. Vice-Chairman Skinner 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. ZBA Minutes - Page 2 18 April 1 996 4. BA 96-12 REQUEST OF SCOTT MCGOUGH TO ALLOW A GARAGE TO BE ENCLOSED WITHOUT PROVIDING THE REQUIRED COVERED PARKING ON LOT 34, BLOCK 7, NORTH PARK ESTATES. (LOCATED AT 7133 NEWCASTLE PLACE) TABLED 3/21/96 APPROVED Vice-Chairman Skinner opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Scott McGough, 7133 Newcastle Place, came forward to speak. He stated he would be able to meet the masonry requirement on the enclosure. He stated that he has hired a contractor to do the work for him. Mr. McGough stated they need the space for the children. He stated a carport would be too close to the street. Vice-Chairman Skinner asked if Mr. McGough has discussed his plans with the Building Permit department. Mr. McGough stated yes. Mr. Bellomy asked Mr. McGough if he realized by enclosing the garage he is allowing his vehicles to be exposed to the elements. Mr. McGough stated yes. There being no one else wishing to speak, Vice-Chairman Skinner closed the Public Hearing. Mr. Bellomy made the motion to approve BA 96-12. The motion was seconded by Mr. Cypert. The motion carried 5-0. 5. BA 96-15 REQUEST OF CLEMENT PARKER TO VARY FROM THE MINIMUM DWELLING UNIT SIZE OF THE R-2 ZONING DISTRICT TO CONSTRUCT A 1,500 SQUARE FOOT RESIDENCE ON LOT 10, HW KELLY ESTATES. (LOCATED AT 4329 KEN MICHAEL COURT) APPROVED Vice-Chairman Skinner opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Clement Parker, 1010 Farm Road #5, Aledo, came forward to speak. He presented additional information to the Board regarding the history of the development, the size and values of the houses located on Ken Michael Court, and quotes from contractors to construct a 1 ,500 and 1 ,250 square foot residence. He stated the original structure ZBA Minutes - Page 3 1 8 April 1996 burned to the ground in 1995, and the foundation has been cleared from the lot. Mr. Parker stated he is requesting an amendment to his request to allow a 1 ,250 square foot residence. He stated most banks are not willing to loan on the property to construct a 1 ,500 square foot house. He stated the average house size is 1 ,454 square feet. Vice-Chairman Skinner asked why Mr. Parker wants to build this house. Mr. Parker stated he teaches at TCJC and wants to live closer for the next 7-8 years. He stated his daughter will get the house when he retires to Cook County. There being no one else wishing to speak, Vice-Chairman Skinner closed the Public Hearing. Mr. Schopper made the motion to approve BA 96-15, subject to a minimum dwelling unit size of 1 ,250 square feet. The motion was seconded by Mr. Young. The motion carried 5-0. 6. BA 96-16 REQUEST OF LEE LUTHY TO ALLOW A FENCE TO ENCROACH THE 25 FOOT SIDE BUILDING LINE ON LOT 4, BLOCK 4, THORNBRIDGE ADDITION. (LOCATED AT 8353 THORNHILL DRIVE) TABLED Vice-Chairman Skinner opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Lee Luthy, 8353 Thornhill Drive, came forward to speak. He stated they recently purchased the property. He stated he is requesting that he be allowed to construct a fence beyond the side building line for privacy and safety. He stated he is asking for 1 3 to 1 5 feet, parallel to the street. Mr. Luthy stated there is a divided entry street on the street side. He stated he intends to landscape the outside of the fence as well. Vice-Chairman Skinner asked where the driveway was located on his lot. Mr. Luthy stated his driveway is on Thornhill Drive. Vice-Chairman Skinner asked if there was a stop sign at the corner. Mr. Luthy stated yes. Vice-Chairman asked where the driveway was located on the house to the west on Thornbridge Drive. Mr. Luthy stated is was on the far side of the property, on the western most side of the lot. ZBA Minutes - Page 4 1 8 April 1 996 Mr. Cypert asked what is the distance between the house and the sidewalk. Mr. Luthy stated about 25 or 26 feet. He stated he wants to split the difference between the house and the street. Mr. Bellomy stated his concern about traffic visibility on Thornbridge. Vice-Chairman Skinner stated traffic is one-way coming towards this house due to a median in the street. Mr. Keith Carter, 8804 Thornbridge Drive, came forward to speak. He stated his opposition to the request due to safety and aesthetic concerns. He stated his concern over visibility of the sidewalk. Mr. Jerry Henry, 891 2 Thornberry Drive, came forward to speak. He stated he is a member of the board of trustees of the subdivision and the architectural control committee. He stated deed restrictions call for a 30-foot building line. Mr. Luthy stated a condition of his contract to purchase the house included constructing the fence at the location he is requesting. He stated Mr. Sandlin signed off on this condition. He stated he is willing to give up a few feet for safety. Vice-Chairman Skinner asked what type of fence would be constructed. Mr. Luthy stated a 6-foot wood fence. Vice-Chairman Skinner asked if a permit has been applied for to build the fence. Mr. Husband stated yes. There being no one else wishing to speak, Vice-Chairman Skinner closed the Public Hearing. Mr. Schopper stated he would like to see the Board table this item so the parties can get together and discuss this issue. Mr. Schopper made the motion to table BA 96-16 until the next meeting. The motion was seconded by Mr. Bellomy. The motion carried 5-0. ZBA Minutes - Page 5 1 8 April 1 996 7. BA 96-17 REQUEST OF LUCINDA LUDWIG TO VARY FROM THE LANDSCAPING AND SIGN REQUIREMENTS FOR THE C-2 COMMERCIAL ZONING DISTRICT ON LOT 3, BLOCK 1, RICHLAND TERRACE ADDITION. (LOCATED AT 7601 GRAPEVINE HIGHWAY) APPROVED Vice-Chairman Skinner opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Greg Trees, with Cash America, came forward to speak. He stated the company is starting a new business venture called America's Attic. He stated they have done some market research in the area of buying pre-owned items. Mr. Trees stated they intend to do a major renovation on the building. Vice-Chairman Skinner stated the Board will consider the sign and landscaping as separate items. Ms. Shannon Duffy, with Design Forum, Dayton, Ohio, came forward to speak. She stated the building is set back a considerable distance from the street, and is blocked by the adjacent shopping center and gas station. She stated the existing sign would be blocked by the gas station sign. Ms. Duffy stated they want the sign to be visible. She stated her client is asking for a 70 foot tall, 370 square foot sign. She stated the new sign needs to be proportional to the scale of the sign graphic. Mr. Young asked if the base of the sign would need to be reinforced. Ms. Duffy stated it most likely would need some type of bracing or reconstruction. She stated the existing sign has deteriorated badly. Mr. Cypert asked if a new sign would need to meet engineering requirements. Mr. LeBaron stated yes. Mr. Cypert asked if any signs are proposed at the rear of the property. Mr. Trees stated they do not intend to place any tall signs, but may place directional type signs at the drive entrances. Mr. Cypert asked how many signs would be allowed at the rear of the property. Ms. Duffy stated the regulations would allow for two 300 square foot signs at the rear, both 55 feet tall. She stated the proposed sign size is proportional to the size of the lot and building. ZBA Minutes - Page 6 18 April 1996 Mr. Cypert asked if there would be opposition to restricting the types and sizes of signs at the rear of the property if the larger sign is approved. Ms. Duffy stated there is no competing tall signs at the rear. She stated that would be an agreeable compromise. Mr. Jim Makens, 3908 Windemere, Colleyville, came forward to speak. He stated he represents the landlord of the property. He stated his support for the request. Vice-Chairman Skinner stated he would entertain a motion on the sign portion of the request. Mr. Cypert made the motion to approve the sign portion of BA 96-17 as follows: allow 70 feet maximum overall height, allow 370 square feet maximum overall area, and restrict any signs on Road to the Mall to monument or directional signs. The motion was seconded by Mr. Schopper. The motion carried 5-0. Ms. Duffy stated there are few shrubs and trees on the sight. She stated they propose to increase the lawn areas and add ornamental islands in the parking areas. She stated the frontage along Road to the Mall would be landscaped as well. Ms. Duffy stated they can get fairly close to the minimum requirements. She stated it is extremely difficult to irrigate the areas near the street since the parking area would need to be ripped open to lay a line. She stated plantings near the building would be maintained by an existing spigot. There was general discussion regarding the proposed landscaping plan. Mr. Schopper made the motion to approve the landscaping portion of BA 96-1 7 subject to the specifications contained in the presentation and agenda material. The motion was seconded by Mr. Bellomy. The motion carried 5-0. Dr. Tom Duer was now in attendance at the meeting. Mr. Cypert stated that since he was acting as alternate, he would relinquish his voting privileges to Dr. Duer. 8. BA 96-18 REQUEST OF LOUISE WEBSTER TO ALLOW A CARPORT TO ENCROACH THE SIDE BUILDING LINE ON LOT 8, BLOCK 4, STONYBROOKE ADDITION. (LOCATED AT 7316 MEADOWBROOK DRIVE) DENIED Vice-Chairman Skinner opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Louise Webster, 7316 Meadowbrook Drive, came forward to speak. She stated she has lived at this address for 21 years. She stated they enclosed the garage four years after they bought the house. She stated there are other carports in the area. Ms. Webster stated her cars have been damaged by hail the last few years. ZBA Minutes - Page 7 18 April 1996 Vice-Chairman Skinner asked how far the carport would encroach the building line. Ms. Webster stated 1 5 feet. Vice-Chairman Skinner asked if she could build the carport in her rear yard. Ms. Webster stated there is a swimming pool in the back yard. There being no one else wishing to speak, Vice-Chairman Skinner closed the Public Hearing. Dr. Duer stated the house was built many years ago, and the garage converted some time ago as well. He stated it is a different situation than if she enclosed the garage six months ago and is now expecting relief from damaging storms. Mr. Cypert stated carports tend to lower the values of adjacent properties. There was general discussion regarding carports in the general area. Dr. Duer made the motion to approve BA 96-1 8 as presented. The motion was seconded by Mr. Young. The motion failed 2-3, with Dr. Duer and Mr. Young voting for approval; and Mr. Schopper, Mr. Skinner and Mr. Bellomy voting against approval. 9. STAFF REPORT None 10. CITIZEN COMMENTS None. 11. ADJOURNMENT There being no further business, the meeting was adjourned. \~L Robert Skinner, Vice-Chairman