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HomeMy WebLinkAboutZBA 1996-05-16 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHlAND HillS, TEXAS MAY 16, 1996 - 7:30 p.m. 1 . CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:30 p.m. 2. ROLL CALL PRESENT Chairman ZBA Members Dr. Tom Duer Robert Skinner Paul Young Jimmy Bellomy ABSENT Billy Cypert CITY STAFF Planning Director Planner Plans Examiner Barry LeBaron Clayton Husband Gregory Arrington 3. CONSIDERATION OF MINUTES OF MARCH 21, 1996 Mr. Bellomy made the motion to approve the minutes of the March 21, 1996 meeting as presented. The motion was seconded by Mr. Skinner. The motion carried 4-0. 4. CONSIDERATION OF MINUTES OF APRIL 18, 1996 Mr. Skinner made the motion to approve the minutes of the April 18, 1996 meeting as presented. The motion was seconded by Mr. Bellomy. The motion carried 4-0. 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. ZBA Minutes· Page 2 16 May 1996 5. 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 (LOCATED AT 8353 THORNHILL DRIVE) WITHDRA WN Chairman Duer stated that this item has been withdrawn by the applicant. 6. BA 96-19 REQUEST OF NITA EDWARDS TO ALLOW A CARPORT TO ENCROACH THE FRONT BUILDING LINE ON LOT 4, BLOCK 2, NORTH HILLS ADDITION. (LOCATED AT 3709 MATSON DRIVE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Sheldon Calvert, 3722 Matson Drive, came forward to speak. He stated his support for the request. Ms. Nita Edwards, 3709 Matson Drive, came forward to speak. She stated her intention to construct a 20 x 20 carport that would be built into the existing roof. She stated the carport would have brick columns. Mr. Skinner asked what the carport would be used for. Ms. Edwards stated it would be used to cover their cars. Mr. Skinner asked if the garage would be enclosed for living area. Ms. Edwards stated no. She stated there are shelves in the garage. She stated there are two carports on the street. Chairman Duer stated that one pole of the carport does not encroach the building line due to the curvature of the lot. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Young made the motion to approve BA 96-19. The motion was seconded by Mr. Bellomy. The motion carried 4-0. ZBA Minutes· Page 3 16 May 1996 7. BA 96-20 REQUEST OF ALBERT LARY TO ALLOW A FENCE TO ENCROACH THE FRONT BUILDING LINE ON LOT 1, BLOCK 2, VALLEY PARK ESTATES. (LOCATED AT 6500 PARKWAY AVENUE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Albert Lary, 6500 Parkway Avenue, came forward to speak. He stated his intention to allow a 4 foot picket fence to encroach the front building line. He stated the fence would help prevent his dogs from running into the street since they live at a busy corner. Mr. Lary stated there are several houses in the neighborhood that have fences in the front yard. He stated there is a small retaining wall on the side of the house that makes it difficult to construct a fence at the front building line. He stated he was issued a building permit for the fence in August 1995. Mr. Skinner asked why the fence is needed. Mr. Lary stated they live at a busy corner with Martin Drive on the south side. Mr. Skinner asked why the fence cannot be terminated at the front building line. Mr. Lary stated there is a small retaining wall along the south side of the house. He stated he wants to place the fence on level ground for aesthetic reasons. Chairman Duer stated his concern about visibility at the corner of Parkway and Martin. Mr. Young asked how far from the curb the fence would be located. Mr. Lary stated approximately 8 feet. Chairman Duer asked if the regulations allow a fence constructed of wrought iron with brick columns in the front yard. Staff advised that a fence of that nature would be allowed in the front yard setback. Mr. Lary stated there would be 3 inch spaces between the slats of the fence. Mr. Dennis Hanson, 6517 Parkway Avenue, came forward to speak. He stated his concern about traffic safety and visibility at the corner. There was general discussion regarding the type of construction proposed. Mr. Skinner asked if the fence would run parallel to the driveway. Mr. Lary stated yes, that there would also be a gate to the front sidewalk. ZBA Minutes· Page 4 16 May 1996 Mr. Skinner stated he would be in favor of removing the southwest corner post and connecting the other two at an angle. Mr. Lary stated that is not a problem. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner made the motion to approve BA 96-20 subject to the existing southwest corner post being removed and the fence angled at that location. The motion was seconded by Mr. Young. The motion carried 4-0. 8. BA 96-21 REQUEST OF JOE DELEON TO ALLOW A PATIO COVER TO ENCROACH THE REAR BUILDING LINE ON LOT 1, BLOCK 4, HOLIDAY NORTH ADDITION. (LOCATED AT 7601 NORTH RICHLAND BOULEVARD) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Joe DeLeon, 7601 North Richland Boulevard, came forward to speak. He stated he has a patio cover currently under construction that is about six feet from the rear property line. He stated the intent of the structure is to provide shade rather than enclosed space. Mr. Skinner asked if there was a pool in the back yard. Mr. DeLeon stated yes. Mr. Skinner asked who was building the structure. Mr. DeLeon stated he is doing the work himself. Mr. Skinner asked how tall the structure is. Mr. DeLeon stated the roof is sloped to drain water away through a gutter to the street. Chairman Duer asked if the structure is attached to the house. Mr. DeLeon stated no. He stated the structure will be constructed next to the swimming pool. ZBA Minutes· Page 5 16 May 1996 Ms. Irene Dunn, 5900 Susan Lee Lane, came forward to speak. She stated her support of the request. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer asked what the normal rear building line is in the city. Staff advised that the normal rear building line is 1 0 feet. Chairman Duer made the motion to approve BA 96-21 subject to an encroachment of not more than five (5) feet. The motion was seconded by Mr. Bellomy. The motion carried 4-0. 9. BA 96-22 REQUEST OF CYNTHIA HARRIS TO VARY FROM THE RESIDENTIAL ACCESSORY BUILDING HEIGHT RESTRICTIONS ON LOT 3, BLOCK 17R, FOX HOLLOW ADDITION. (LOCATED AT 7408 STEWARD LANE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Cynthia Harris, 7408 Steward Lane, came forward to speak. She stated her intention to construct a large gazebo in the back yard. She stated she has seven children, one of which is disabled. She stated she has had problems keeping the disabled child on the property and wants to provide a place for him to play away from the other children. Chairman Duer asked if this structure is considered temporary or permanent. Staff advised that the gazebo is considered a permanent structure, and the variance is relative to the height of the structure. Chairman Duer asked why the gazebo is so tall. Ms. Harris stated the gazebo has a second story loft. Mr. Bellomy asked if the second story has windows. Ms. Harris stated yes, but the windows would be made of stained glass so the children could not look into the neighbor's back yard. Mr. Bellomy stated the house next door is a two story house. ZBA Minutes· Page 6 16 May 1996 Mr. Ray Horn, 7404 Steward Lane, came forward to speak. He asked where the height of the structure is measured from. He stated his concern about the existing deck supporting such a tall structure. Ms. Harris stated the city would require the foundation to be engineered. Chairman Duer asked if staff looks at items such as the foundation and drainage. Staff advised that the regulations require them to look at those items. Chairman Duer asked how tall a two story house could be. Staff advised that the height restriction for houses in this zoning district is 38 feet. Mr. Skinner stated the gazebo is not a two story house. He stated he understands Mr. Horn's concerns. There was general discussion about the height of the structure. Mr. Skinner asked when Ms. Harris intends to begin construction. Ms. Harris stated as soon as possible. Chairman Duer asked if the second story is necessary. Ms. Harris stated she would prefer to keep the second story since it is part of the overall design. Mr. Skinner asked if plans have been submitted to the building permit department. Staff advised that plans have not been submitted at this time. Mr. Young asked if the gazebo came in a kit or if the builder has to cut all the wood. Ms. Harris stated it is not a kit and the builder could possibly modify the design if necessary provided it does not take away the structural integrity of the project. Mr. Skinner stated that he believes that the most that could be cut off the structure is one foot. He stated a structure like this could improve the value of the property and in turn the value of neighboring properties. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner made the motion to approve BA 96-22. The motion was seconded by Mr. Bellomy. The motion carried 4-0. r- ZBA Minutes - Page 7 16 May 1996 10. STAFF REPORT None 11. CITIZEN COMMENTS None. 12. ADJOURNMENT There being no further business, the meeting was adjourned. ~O~ Dr. Tom Duer, Chairman