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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