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