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HomeMy WebLinkAboutZBA 1996-09-19 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 19, 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 Billy Schopper Jimmy Bellomy Perry Christensen Billy Cypert ABSENT None CITY STAFF Planner Clayton Husband 3. CONSIDERATION OF MINUTES OF AUGUST 15,1996 Mr. Schopper made the motion to approve the minutes of the August 15, 1996 meeting as presented. The motion was seconded by Mr. Christensen. The motion carried 3-0, with Mr. Bellomy and Mr. Cypert 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. ZBA Minutes - Page 2 19 September 1996 4. BA 96-28 REQUEST OF LACROIX AUTOMOTIVE TO VARY FROM THE MASONRY REQUIREMENT ON AN ADDITION TO THE BUILDING ON LOT 2R1, BLOCK 1, JACK M. ESTES SUBDIVISION. (LOCATED AT 4028 RUFE SNOW DRIVE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Jim LaCroix, owner of the property at 4028 Rufe Snow Drive, came forward to speak. He presented to the Board several alternative drawings related to bricking the building and landscaping the property. He also presented photographs of the existing building. Mr. Christensen asked which proposal Mr. LaCroix preferred. Mr. LaCroix stated he prefers to do the four-foot wainscot on the front and lattice work on the fencing. He stated that planting bushes on the side of the building would make the driveways much narrower. Mr. Christensen asked if the bushes would be inconvenient for the driveways. Mr. LaCroix stated yes. He stated it would be difficult to get tow trucks into the rear of the property. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Schopper stated he prefers the lattice fence over the landscaping shown. He stated the wainscot does not achieve anything. He stated the code calls for bricking 75% of each wall of the building. He stated the area would be better served to be zoned industrial. Staff advised that all the buildings would have been nonconforming at the time of the regulation change. Mr. Christensen asked if the applicant intends to paint the building to match the brick. Mr. LaCroix stated he is willing to do that if required. Mr. Schopper stated the Board should either require the entire building to be bricked per the code, or approve the variance as requested. He stated bricking a portion of the front does not appear to meet the intent or spirit of the ordinance. He stated the building looks fine like it is for the type of business in the building. ZBA Minutes· Page 3 19 September 1996 Mr. Christensen stated the area should have a consistent visual appearance. He stated he does not think bushes on the side are that important provided the fence work is done as proposed. Chairman Duer stated the proposal to brick a portion of the building helps meet the expectations of the Council for getting brick buildings in the city. Mr. Christensen asked if Mr. LaCroix was willing to place potted plants adjacent to the front door of the building. Mr. LaCroix stated he would if required. Chairman Duer stated that placing plants at the entrance would help meet the goal of providing green space on the lot. Mr. LaCroix stated the road widening project wiped out all of the greenery on the lot adjacent to the curb. Mr. Christensen made the motion to approve SA 96-28 subject to the following: a four- foot brick or masonry wainscot across the front of the building; plants in containers next to the doorway in front of the building; and a lattice work cover over the chain link fence, similar to the existing fence. The motion was seconded by Mr. Bellomy. The motion carried 5-0. 5. BA 96-29 REQUEST OF DIANA MILLER TO ALLOW THE HOUSE TO ENCROACH THE SIDE BUILDING LINE BY THREE FEET ON LOT 14, BLOCK 6, SHADY OAKS ADDITION. (LOCATED AT 8417 WORTHSHIRE DRIVE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Mike Miller, 6405 Woodcreek Trail, Saginaw, came forward to speak. He stated the side building line curves with the lot, resulting in a portion of the building encroaching the building line. Mr. Miller stated the front portion encroaches more than the rear. He stated the encroachment is almost three feet. He stated a circular driveway will be constructed. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Schopper made the motion to approve SA 96-29 subject to an encroachment of not more than three feet into the side yard. The motion was seconded by Mr. Bellomy. The motion carried 5-0. ZBA Minutes· Page 4 19 September 1996 6. BA 96-30 REQUEST OF JEFF DANE AND NORTH PARK CHURCH TO VARY FROM THE MASONRY REQUIREMENT ON TWO ACCESSORY BUILDINGS ON LOT 1, BLOCK A, NORTH PARK CHURCH ADDITION. (LOCATED AT 7025 MID CITIES BOULEVARD) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Jeff Dane, with North Park Baptist Church, came forward to speak. He stated he is the administrator of children's ministry at the church, which deals with the academy and child care. He stated they propose to place two 28x32 buildings on the property. Mr. Dane stated the buildings have metal siding. He stated they have met with city officials and state agencies, and they will be placing restrooms in the buildings. He stated they are seeking a variance from the masonry requirement on the two buildings. Mr. Christensen asked if the buildings will be skirted. Mr. Dane stated yes. Mr. Schopper asked if the buildings would be located behind the church building. Mr. Dane stated yes. He stated there is also a six foot privacy fence around the property. Chairman Duer stated that the property should be zoned Institutional. He stated the R-3 zoning is what triggers the masonry requirement. He stated a zoning change would prevent future requests for variances on this issue. He asked if the church has considered rezoning the property. Mr. Gene Edwards, 7716 David Court, pastor of the church, came forward to speak. He stated they applied for a zoning change about 1 2 years ago when they expanded the building. He stated the city did not follow through with the request. Mr. Edwards stated they would like the property to be rezoned. He stated his support for the request. Mr. Bellomy asked staff to look into the situation regarding the zoning request. There was general discussion regarding the rezoning request. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer stated if the Board approves the request, it should consider expiring the variance if a zoning change is approved. ZBA Minutes· Page 5 19 September 1996 Staff advised if the Board approves the variance and the zoning change is approved, then the variance would not necessarily apply to the property since the requirements would have changed relative to the request. Mr. Cypert stated the Board could grant the variance and then review the request at a future date. Chairman Duer stated six months should be enough time to go through the zoning change process. Dr. Duer made the motion to approve SA 96-30 subject to reviewing this case in six months to determine if a zoning change application was approved. The motion was seconded by Mr. Christensen. The motion carried 5-0. 7. BA 96-31 REQUEST BERNIECE HOBBS TO VARY FROM THE FRONT YARD FENCE REGULATIONS ON LOT 13R, BLOCK 1, RICHAVEN ADDITION. (LOCATED AT 5000 COLORADO BOULEVARD) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Berniece Hobbs, 5000 Colorado Boulevard, came forward to speak. She stated she wants to extend a portion of the fence along her north property line between her and her neighbor's property. She stated her neighbor constructed a driveway on his property that is unfinished and has no curb cut. Chairman Duer stated she could build the fence up to the 25 foot set back. He asked if it would be single fence section. Ms. Hobbs stated the height would taper down the closer the fence got to the property line. She stated the fence stops at the edge of the house right now. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve SA 96-31 as requested. The motion was seconded by Mr. Bellomy. The motion carried 5-0. 8. STAFF REPORT None. 9. CITIZEN COMMENTS None. 10. ADJOURNMENT There being no further business, the meeting was adjourned. ZBA Minutes - Page 6 19 September 1996 3'_ 7 --..-- £;~ Dr. Tom Duer, Chairman