HomeMy WebLinkAboutZBA 1995-03-16 Minutes
CAll TO ORDER
ROll CAll
CONSIDERATION OF
MINUTES OF
FEBRUARY 16, 1995
1. BA 95-07
MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF ADJUSTMENT OF THE
CITY OF NORTH RICH LAND HillS, TEXAS
March 16, 1995 - 7:30 p.m.
The meeting was called to order by Chairman Tom Duer at 7:30 p.m.
PRESENT
Chairman
Members
Dr. Tom Duer
Billy Cypert
Bill Schopper
Robert Skinner
Barry LeBaron
Clayton Husband
Gregory Arri ngton
Jim Grant
Perry Christensen
Planning Director
Planner
Plans Examiner
ABSENT
Mr. Skinner made the motion to approve the minutes as presented. The motion was
seconded by Mr. Cypert. 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.
Request of Byron Fuller to allow a carport to encroach the front building line by fifteen feet
on Lot 13, Block 9, North Richland Hills Addition. This property is located at 7013 Turner
Terrace.
Chairman Duer opened the Public Hearing and called for those wishing to speak to come
forward at this time.
Mr. Byron Fuller, 7013 Turner Terrace, came forward to speak. He stated he proposes to
build a 20 x 20 carport over his driveway. He stated he needs protection for his car during
bad weather. He stated the front of the carport would be about 29-feet from the street. He
stated the other carports in the neighborhood are constructed in such a manner. Mr. Fuller
stated there are 16 carports in the neighborhood.
There being no one else wishing to speak in favor of the request, Chairman Duer called for
those wishing to speak against the request to come forward at this time.
Mary Krueger, 7016 Turner Terrace, came forward to speak. She stated her objection and
her neighbor's objection is the amount of stuff stored outside at the residence. She stated
there are two inoperative vehicles that would be stored under the carport. Ms. Krueger
presented pictures of the property to the Board.
There being no one else wishing to speak, Chairman Duer closed the public hearing.
Mr. Fuller stated he understood that the objections are not about the carport but the other
code issues. He stated he has been notified about the cars and is working on moving them.
He stated the carport will help him straighten the appearance of the property.
Chairman Duer stated the code violation issues are handled by staff. He stated the Board is
only considering the carport encroachment.
· ZSA M~nutes - Page 2
16 March 1995
2. BA 95-08
Marie Krueger appeared again before the Board. She stated Mr. Fuller would have to move
some of his stuff in order to put the cars under the carport. She stated she is not in favor of
the carport.
Chairman Duer asked how long a person is given to move an inoperative vehicle.
Mr. LeBaron stated 45 days.
Mr. Skinner stated the Board has received letters in objection to the request from the
following persons: Mr. Braswell, 4400 Vance Road; L. Ellenburg, 7020 Turner Terrace; D.
Collins, 7013 Turner Terrace; Marie Krueger, Kathy Thompson, and Margie DiGiovanni. He
stated the staff report indicates that there are two existing carports on Turner Terrace, and no
others within three blocks north or south.
Mr. Cypert asked what types of things are stacked in front of the house.
Mr. Fuller stated the boxes on the porch are used for moving plants in and out of his house.
He stated he recycles the cans in the bags.
Chairman Duer stated the trash and other items are being handled by Code Enforcement.
He stated the Board is only considering the carport at this time.
Chairman Duer made the motion to approve BA 95-07. He advised Mr. Fuller that a carport
is to be used to store a running automobile, not other items.
Mr. Cypert asked if there are ordinances related to the storage of items in front of the house.
Mr. LeBaron stated yes, that it normally falls under the unpleasant premises category.
The motion was seconded by Mr. Cypert. The motion failed 2-2, with Chairman Duer and
Mr. Cypert voting for, and Mr. Skinner and Mr. Schopper voting against.
Chairman Duer stated that an appeal of a Board of Adjustment action should be directed to
the state district court system.
Request of Joel Martin to vary from the masonry requirement on Lot 11, Block 8, Hillview
Addition, to allow an addition to the house to be constructed of siding. This property is
located at 4301 Mackey Drive.
Chairman Duer opened the Public Hearing and called for those wishing to speak to come
forward at this time.
Mr. Joel Martin, 4301 Mackey Drive, came forward to speak. Mr. Martin stated he is
proposing a 20 x 20 room addition to the rear of the house. He stated he cannot match the
brick from 1956, so he decided to match the trim of the house. He stated the addition is not
visible from the street. He stated he has talked with many brick companies and he cannot
fi nd the color and style of brick.
Mr. Charles Gabriel, 4300 Mackey Drive, came forward to speak. He stated his support for
the request.
There being no one else wishing to speak in favor of the request, Chairman Duer called for
those wishing to speak against the request to come forward at this time.
.. ZSA Minutes - Page 3
16 March 1995
3. BA 95-09
Ms. Christine Foster Barnett, 4200 Mackey Drive, came forward to speak. She stated she
added on to her house in 1975 and found the brick. She stated her opposition to the
request. She stated the addition will hurt future home sales in the neighborhood.
There being no one else wishing to speak, Chairman Duer closed the Public Hearing.
Mr. Skinner stated the owner would only have to brick 75% of each elevation.
Mr. Martin appeared before the Board again. He stated the problem is the color. He stated
Ms. Barnett added on to her house 20 years ago. He stated he has checked with several
brick com pan ies about the avai labi I ity of the brick.
Mr. Cypert asked if Mr. Martin has considered vinyl siding.
Mr. Martin stated yes, but the expense was too great at this time.
Mr. Cypert made the motion to approve BA 95-08 as requested. The motion was seconded
by Mr. Schopper. The motion carried 5-0.
Request of MRB Construction to vary from the parking and landscaping requirements on Lot
16A, Block 5, North Richland Hills Addition. This property is located at 7201 Grapevine
Highway.
Chairman Duer opened the Public Hearing and called for those wishing to speak to come
forward at th is time.
Mr. Coy Quine, 1012 N Cottonwood, Richardson, came forward to speak. He stated the
parking shown on the submitted plan is incorrect. He presented a revised plan that he
believes meets the parking requirements.
Mr. LeBaron stated he will look at the plan to see if they still need action on a parking
variance.
Mr. Quine stated they installed landscaping as required by the City Council when the zoning
change was approved on the property. He stated the landscaping does not drain well and
retains too much water. He stated he asking for a variance from the 15% landscaping
requirement. He stated they intend to upgrade their landscaping along Grapevine Highway
to prevent taking any additional parking spaces out.
There being no one else wishing to speak in favor of the request, Chairman Duer called for
those wishing to speak against the request to come forward at this time.
Mr. Frank Sowatsky, 4116 Daley Avenue, came forward to speak. He asked exactly what lot
was in question. He asked whether the lot with the snowcone stand was going to become a
parking lot.
Chairman Duer pointed out the property on the map for Mr. Sowatsky.
Mr. Sowatsky stated he is in favor of the request.
There being no one else wishing to speak, Chairman Duer closed the Public Hearing.
Mr. Quine appeared before the Board again. Mr. Buddy Oujesky, real estate manager for
Winn Dixie, came forward also.
.. ZSA JVi'inutes - Page 4
16 March 1995
Mr. Schopper asked if when the landscaping is raised and terraced, could the area be
sprinkled as well.
Mr. Quine stated they would have to cut the parking lot to install the system and bring water
to the site.
Mr. Schopper asked if the sprinkler could come from the fire hydrant line.
Mr. LeBaron stated the hydrant suggests that a water line is very close.
Mr. Skinner asked how high they intend to build up the landscaping.
Mr. Quine stated they will mound it 12-inches in the middle. He stated they intend to put in
a landscaping timber row along the sidewalk and mound the dirt and plant the bushes in the
crest of the mound.
Chairman Duer asked if the area behind the building on Blaney could be used for
landscaping.
Mr. Quine stated that trucks would be parked out in that area.
Mr. Skinner asked when they intend to construct the landscaping.
Mr. Quine stated by the end of April.
Mr. Cypert stated he understands the reason for reducing the landscaping. He stated the
visual aspect is also important. He stated that some trees and bushes have more square
footage credit than others. Mr. Cypert stated he would like to see some trees that do not
require a lot of water installed. He stated that would enhance the appearance of the
property.
Mr. Quine stated his concerns are driver visibility and sign visibility. He stated that
sometimes trees will block the signs and reduce the volume of business.
Mr. Skinner stated that the photinias could also block visibility and they will need to be kept
trimmed. He stated a Bradford Pear is not that tall of a tree and will instantly enhance the
look of the property.
Mr. Schopper made the motion to approve BA 95-09 for the landscaping only, with the
upgrade as described by the owner, and the installation finished by April 30, 1995. . The
motion was seconded by Mr. Skinner. The motion carried 4-0.
Mr. LeBaron stated when the parking lot is restriped, the parking lot will meet the
req u i rement.
Chairman Duer stated that in the event a variance is required on the parking in the future,
the owner must reapply at that time.
4. BA 95-10
Request of the Smithfield Church of Christ to vary from the masonry requirement on Lot 1 R,
Smithfield Estates, to allow a wooden storage building. This property is located at 6529
Smithfield Road.
Chairman Duer opened the Public Hearing and called for those wishing to speak to come
forward at th is ti me.
~ ZSA Minutes - Page 5
16 March 1995
Mr. Marvin Reed, 8008 Limerick Lane, came forward to speak. He stated the church is
growing out of the building, and need additional storage to free up a classroom. He stated
the ordinance requires brick for buildings over 200 square feet. He stated the building will
be located at the rear of the building. Mr. Reed stated the surrounding area is commercial
property.
Mr. Skinner asked if they will run electricity to this building.
Mr. Reed stated they may run electricity to operate lights and heating/cooling. He stated
there will be no plumbing or gas.
Chairman Duer asked how far away from the main building the storage building would be
located.
Mr. Reed stated at least 8-feet.
Chairman Duer asked what the dimensions of the building are.
Mr. Reed stated 16-feet by 22-feet.
There being no one else wishing to speak, Chairman Duer closed the Public Hearing.
Mr. Cypert made the motion to approve BA 95-10 as requested. The motion was seconded
by Mr. Schopper. The motion carried 4-0.
5. BA 95-06
Reconsideration of the request of Ted Gray to allow a carport and porch cover to encroach
the front building line on Lot 9, Block 5, Emerald Hills Addition. This property is located at
8000 Donegal Lane.
Chairman Duer opened the Public Hearing and called for those wishing to speak to come
forward at this time.
Mr. Ted Gray, 8000 Donegal Lane, came forward to speak. He stated he appeared before
the Board last month regarding an awning over his front porch and a carport over his
driveway. He stated it was granted for five feet, but the survey dimensions were incorrect.
He stated in order to place the posts outside the sidewalk, he would need an additional two
feet.
Mr. Schopper made the motion to approve BA 95-06 for an additional two feet, to a total of
seven feet beyond the front building line. The motion was seconded by Mr. Skinner. The
motion carried 4-0.
CITIZEN COMMENTS
None.
ADJOURNMENT
There being no further business, the meeting was adjourned.
~~Ó~
Dr. Tom Duer, Chairman