HomeMy WebLinkAboutZBA 1996-11-21 Minutes
MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF NORTH RICHlAND HillS, TEXAS
NOVEMBER 21, 1996 - 7:30 p.m.
1.
CALL TO ORDER
The meeting was called to order by Mr. Bill Schopper, at 7:30 p.m.
2.
ROLL CALL
PRESENT
ZBA Members
Paul Young
Bill Schopper
Jimmy Bellomy
Billy Cypert
ABSENT
Dr. Tom Duer
Perry Christensen
CITY STAFF
Assistant City Manager
Planning Director
Plans Examiner
Randy Shiflet
Barry LeBaron
Gregory Arrington
3.
CONSIDERATION OF MINUTES OF OCTOBER 17,1996
Mr. Cypert made the motion to approve the minutes of the October 17, 1996, meeting as presented. The
motion was seconded by Mr. Bellomy. The motion carried 4-0.
Mr. Schopper stated that State law requires four affirmative votes for a variance request to pass, regardless of
the number of members in attendance. He stated that the board consists of 5 voting members and only 4
members were present this evening. He explained that all 4 members would have to vote unanimously in
order for a motion to carry.
4.
BA 96-40
REQUEST OF R.D. MCGLASHAN TO VARY FROM THE MASONRY REQUIREMENT ON AN
ACCESSORY BUILDING ON LOT 6, BLOCK 8, STONYBROOKE ADDITION. (LOCATED AT 8509
BROOKVIEW DRIVE)
APPROVED
Mr. Schopper opened the Public Hearing and called those wishing to speak to come forward at this time.
Mr. R.D. McGlashan stated he was requesting a variance from the rear building setback and the 75% masonry
requirement on a 240 square foot accessory building. Mr. McGlashan explained that the slab had already
been poured before learning that a building permit was required, and upon application of the permit, learned of
the 10' rear setback and 75°/Ö masonry requirement. He stated he planned on using wood siding on the
exterior wall surfaces.
Mr. Schopper asked if there was anyone else wishing to speak in favor of this request. There being none, he
asked if there was anyone opposed to Mr. McGlashan's request and there being none, Mr. Schopper closed
the public hearing.
Mr. LeBaron stated there was a letter from one of the McGlashan's neighbors stating their support for this
variance request included in the Commissioners packet.
Mr. Schopper stated one of the reasons for granting a variance is a hardship and wondered why he didn't want
to brick the building.
Mr. McGlashan explained that the pad had already been poured, without a brick ledge.
Mr. Cypert made a motion to approve BA 96-40 as presented. The motion was seconded by Mr. Bellomy and
carried 4 - o.
5.
BA 96-41
REQUEST OF NEAL NELSON TO VARY FROM THE PARKING LOT PAVING REQUIREMENTS
ON A PORTION OF LOT 3, BLOCK 1, CULP ADDITION. (LOCATED IN THE 8300 BLOCK OF
NORTHEAST PARKWAY)
TABLED
Mr. Schopper opened the Public Hearing and called for those wishing to speak in favor of this request.
Mr. Neal Nelson stated that he owns an R.V. Dealership in Colleyville and was considering opening a storage
facility for recreational vehicles and boats using a rock surface for the parking area rather than concrete or
asphalt. Mr. Nelson showed a sample of the gravel he intends to use and presented pictures of his facility in
Colleyville; explaining that he wouldn't be able to do this project if he has to use concrete.
Mr. Schopper asked for any additional proponents of this request.
Mrs. Nelson stated she was in favor of this request as well.
There being no more proponents, Mr. Schopper called for any opponents.
Ms. Archer, 8229 Odell, stated there was already too much noise from the industrial area and didn't want
anything added to it.
Mr. Schopper explained to Ms. Archer that the zoning on this property allows this type of use; the variance
being requested is a gravel parking area instead of a concrete one and that is what they are there to
determine tonight.
Ms. Dutton asked if the applicant owned the property and stated she was opposed to this project because of
the dust from the gravel and feared there would be an increase in the noise from people dropping off and
picking up there R.V. 's at all hours of the night.
Mr. Schopper asked for any additional opponents. There being none, he closed the public hearing.
Mr. LeBaron pointed out that the lot configuration Mr. Neal was showing the board was different from what he
had actually applied for. Mr. LeBaron stated that based on the new configuration more people would have to
be notified. But after Mr. LeBaron and Mr. Neal discussed this, Mr. Neal decided to go ahead with his
application as applied for.
Discussion ensued within the audience regarding the hours people would be coming and going from this type
of facility, especially in the early morning hours. Mr. Schopper again stated he empathized, but that was not
the reason for the hearing tonight. He explained that they were there only to decide as to whether or not this
gentlemen could use gravel instead of concrete for his parking lot.
Mr. Cypert stated he could not support a variance in which the boundaries are undetermined and may have to
be amended at a later date. He thought this would be confusing to the neighbors and felt the request should
be tabled until the applicant could finalize his request.
Mr. Young made a motion to Table to allow reconfiguration of the project.
The motion was seconded by Mr. Bellomy, and carried 4 - o.
6.
BA 96-42
REQUEST OF ROBERT NALLIA TO VARY FROM THE MASONRY REQUIREMENT ON AN
ACCESSORY BUILDING ON LOT 20, BLOCK 6, IRISH MEADOWS ADDITION. (LOCATED AT
5604 NEWMAN DRIVE.)
FAILED
Mr. Schopper opened the Public Hearing and called for those wishing to speak in favor of this request.
Mr. Walter McConnell stated that he was here on behalf of Mr. Nallia, who had been called out of town
unexpectedly. He explained that the building was all new construction and would have siding on it instead of
the 75% masonry as required by ordinance.
Mr. Schopper asked for any additional proponents, there being none, he called for any opponents of this
request.
Ms. Mildred Smith, a neighbor on the south side of Newman Drive, presented pictures and stated she was
opposed to this building because it imposed on her privacy.
There being no additional opponents, Mr. Schopper closed the public hearing and opened discussion between
the board members.
In response to a question, Mr. LeBaron stated that the building was within the setback requirements and did
not exceed the height requirement.
Mr. Schopper asked Mr. McConnell the intended use for this building. Mr. McConnell stated that it was to be
for storage and the only electricity would be a light.
Mr. Bellomy made a motion to approve BA 96-42, as presented.
Mr. Young seconded the motion.
The vote was 2 -2. The request was denied because it did not receive the required four affirmative votes.
7.
BA 96-43
REQUEST OF CHARLES HANES TO ALLOW A CARPORT TO ENCROACH THE SIDE BUILDING
LINE ON LOT 12, BLOCK 4, RICHLAND TERRACE ADDITION. (LOCATED AT 4812 SUSAN LEE
LANE)
APPROVED
Mr. Schopper opened the Public Hearing and called for those wishing to speak to come forward at this time.
Mr. Hanes explained that he only had a one car garage and his wife had purchased a new car. They want to
build a carport to park her new car under.
Mr. Bill Trussell, 4808 Susan Lee Lane, stated that Mr. Hanes has one of the nicest houses in the area and
assured the board that anything he would do to his home would be nice.
Mrs. Betty Trussell, 4808 Susan Lee Lane, stated she saw no problem in the board granting this variance.
There being no additional proponents, Mr. Schopper called for any opponents. There being none, Mr.
Schopper closed the public hearing.
Mr. Cypert asked the applicant if he intended to slope the roof toward the street, and Mr. Hanes stated he
would be sloping the roof toward the front.
Mr. Cypert made a motion to approve BA 96-43 as presented.
The motion was seconded by Mr. Young and carried 4 - O.
8.
BA 96-44
REQUEST OF AVIS MOSER TO VARY FROM THE MASONRY REQUIREMENT ON AN
ACCESSORY BUILDING ON LOT 14, HW KELLEY ESTATES. (LOCATED AT 4341 KEN
MICHAEL COURT)
APPROVED
Mr. Schopper opened the Public Hearing and called for anyone wishing to speak in favor of this request.
Mr. Gary Sanford, 4345 Ken Michael Court, was present in behalf of the owner/applicant, Ms. Avis Moser. He
showed the board pictures and stated that he probably has more visibility than any other neighbor and he isn't
opposed at all to this building without brick.
Mr. Charles Baxter, 4349 Ken Michael Court, stated he was in favor of the board granting Ms. Moser's
request for a variance.
Mr. Don Stampley, 4340 Ken Michael Court, stated he lives directly across the street from Ms. Moser has no
problem with the board granting Ms. Mosers request.
Mr. Lewis Kelley, 4333 Ken Michael Court, stated the building was nice and wished he had one just like it in
his rear yard. He asked that the board grant the variance request.
There being no additional proponents, Mr. Schopper called for any opponents. There being none the public
hearing was closed.
Mr. Bellomy stated that he was initially opposed to this request; however, after hearing the neighbors, he saw
no reason not to grant the variance.
Mr. Cypert made a motion to approve BA 96-44 as presented.
The motion was seconded by Mr. Young and carried 4 - O.
9.
STAFF REPORT
There was nothing to report.
10.
CITIZEN COMMENTS
None
11.
ADJOURNMENT
There being no additional business to conduct, the meeting was adjourned.
A 7.c~
Chairman, Zoning Board of Adjustment