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HomeMy WebLinkAboutZBA 1995-05-18 Minutes CAll TO ORDER ROll CAll CONSIDERATION OF MINUTES OF APRil 20, 1995 1. BA 95-16 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH LAND HillS, TEXAS May 18, 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 Jimmy Bellomy Barry LeBaron Gregory Arri ngton Randy Sh iflet Perry Christensen Planning Director Plans Examiner Asst. City Manager ABSENT Mr. Bellomy made the motion to approve the minutes as presented. The motion was seconded by Mr. Schopper. The motion carried 3-0, with Mr. Cypert abstaining due to absence at the previous meeting. 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 Bill Fenimore to vary from the side yard setback requirements on Lot 35, Block 11, Meadow Lakes Addition, to allow side building lines of six feet on each side. This property is located at 4725 Greenway Court. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Bill Fenimore, 7921 Linda Lane, came forward to speak. He stated he is requesting side building lines of six feet due to the width of the lot. Chairman Duer asked if the garage is a front swing garage. Mr. Fenimore stated yes. Chairman Duer asked how many more lots are vacant on this street. Mr. Fenimore stated he owns one more lot on the street. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Schopper made the motion to approve SA 95-16. The motion was seconded by Mr. Cypert. The motion carried 4-0. ~BA Minútes - Page 2 18 May 1 995 2. BA95-19 3. BA95-17 Request of Rick Brown to vary from the side yard setback requirements on Lot 21, Block 11, Meadow Lakes Addition, to allow side building lines of six feet on each side. This property is located at 4728 Greenway Court. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Ricky Brown, 6226 Skylark Circle, came forward to speak. He stated the lots are narrow and there is a 7.5 foot utility easement on one side. He stated the house will have a front swing garage. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 95-19 as requested. The motion was seconded by Mr. Bellomy. The motion carried 4-0. Request of Venture Stores to allow an off-premise pole sign, and to allow a monument sign to exceed the maximum height restrictions on Lots 1 and 2, Block 1, Venture Addition. This property is located at the intersection of Davis Boulevard and Grapevine Highway. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at th is time. Mr. Robert Baldwin, representing Venture Stores, came forward to speak. He introduced Mr. Bill Dahlstrom, attorney for Venture. He stated they are seeking variances from off-premise advertising and monument sign heights. Mr. Baldwin stated Venture wishes to place a pole sign on Lot 2. He stated space is reserved on the lot for an additional sign. He stated the sign will be more visible if placed on Lot 2. He stated the proposed sign meets all other size and area req u i rements. Chairman Duer asked if the purchaser of Lot 2 could have the same size sign as the proposed Venture sign. Mr. LeBaron stated that property is in the freeway overlay zone, and the property could have a sign based on a 2-1 frontage to size ratio. He stated the sign could be as tall as the Venture sign since the maximum height allowed is 65-feet. Mr. Baldwin stated the monument sign exceeds the maximum height by 5.5 inches. He stated the standard Venture sign is six and one-half feet tall. He stated the sign meets all other size and area requirements. Chairman Duer asked if the proposed signs are the only two ground signs proposed for Venture. Mr. Baldwin stated yes. Chairman Duer asked if the existing sign on the site will be removed. Mr. Baldwin stated yes. Mr. LeBaron stated Venture owns both lots, and when they sell the property they would probably keep the purchaser from erecting a sign that blocks the existing sign. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer his concern that Venture might place another sign on Davis Boulevard on their own property, but that does not seem to be the intent. ~BA Minútes - Page 3 18 May 1995 Mr. Schopper stated that on other Venture stores the store itself is the biggest sign. Mr. Schopper made the motion to approve BA 95-17, Section 1, for the off-premise pole sign. The motion was seconded by Mr. Bellomy. The motion carried 4-0. Mr. Schopper made the motion to approve BA 95-17, Section 2, to allow the monument sign to exceed the maximum height by 5.5 inches. The motion was seconded by Mr. Bellomy. The motion carried 4-0. 4. BA95-18 Request of Leonard Smith to allow the house to encroach the front building line on Lot 3, Block 2, Royal Oaks. This property is located at 8817 Royal Oaks Drive Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Leonard Smith, 3500 Ruth Road, Richland Hills, came forward to speak. He stated there are three trees on the lot making it difficult to build the required size house within the setbacks. He stated the lot was platted at 110 feet deep, but when he purchased the lot the survey only came out to about 107 feet. He presented pictures of the lot to the Board. Mr. Smith stated he has spoken with the county extension agent who thinks the proposed construction would be too close to the root system of the trees. He stated only five feet of the garage would encroach the front building line. Chairman Duer asked if the garage was a front swing garage. Mr. Smith stated yes, it was required by deed restriction. Mr. Bellomy asked who sold him the lot. Mr. Smith stated the original developer and owner was Bobby Dreiling. Mr. Dreiling sold the lot to Rick Addington. Mr. Smith stated he bought the lot from Mr. Addington. Ms. Teresa Hamil, 8809 Royal Oaks Drive, came forward to speak. She stated her opposition to the request. She stated Mr. Smith told the neighbors that he was going to request the variance. She stated he did not state he was going to move the house to a six foot side building line on her side, where several of her trees are located. She stated requests to move the side line to eight feet were rejected. She stated he said he needed the extra width to construct the garage. She stated her concern about possible drainage problems from the house. Chairman Duer stated if Mr. Smith builds within the required side setbacks, the Board cannot require him to move the house further over. He stated Mr. Smith has only requested action on the front building line. Ms. Hamil stated that Mr. Smith is moving his house to save his trees, but endangering her trees as a result. Mr. Smith appeared before the Board again. He stated the required side building lines are six feet on each side, but his house is designed at six feet and ten feet. He stated the fact that the house is five feet closer to the street wi II not have any effect on the amount of water coming off the lot. Chairman Duer asked if Mr. Smith has considered moving the house to the north since the required side setback is only six feet. .lBA Minùtes - Page 4 18 May 1995 Mr. Smith stated he has, but he has only 23.8 feet for a driveway and turning radius. He stated the ideal distance for his vehicle is 25 feet minimum. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Bellomy stated he did not see any visibility problems associated with the encroachment. Mr. Cypert made the motion to approve BA 95-18 as requested. The motion was seconded by Mr. Bellomy. The motion carried 4-0. Chairman Duer asked who in the city deals with drainage issues and tree preservation. Mr. LeBaron stated the city does not have a tree preservation ordinance. He stated the city is studying lot grading, foundation elevation, and side yard swale requirements in light of the recent rain. Chairman Duer asked if the drainage issues should have been solved at the time the area was developed. Mr. LeBaron stated that design criteria has changed over the years. He stated the city designs for 1 OO-year storms. He stated he is not sure what the requirement was when this subdivision was developed. Chairman Duer asked if there used to be a 20-foot setback in all residential districts. Mr. LeBaron stated yes, and the R-3 district still requires a minimum of 20-feet. He stated the R-2 district now requires 25-feet. CITIZEN COMMENTS Mr. John Dreiling came forward to speak. He stated his opposition to BA 95-19. Chairman Duer stated the Board cannot take further action on that case since it has been approved. Mr. Bobby Dreiling, 8800 Royal Oaks Drive, came forward to speak. He stated they objected to the request because all the other houses were required to meet the 25-feet. Mr. Jim Finlan came forward to speak. He stated he owned the stock tank that used to be on that property. He stated there is a drainage problem in that area. Chairman Duer asked what the city is doing in light of the recent flooding. Mr. Randy Sh iflet, Assistant City Manager, came forward to speak. He stated about 50 houses were flooded during the recent rains. He stated staff will determine why each house flooded, what would be required to fix it, and how much it costs. He stated that information will be sent to the Council for them to determine what they want to do and how much money they will spend to correct any deficiencies. Mr. Shiflet stated the City Manager will recommend appropriate actions to keep this from happening in the future. ADJOURNMENT There being no further business, the meeting was adjourned. ~Þ'___ Dr. Tom Duer, Chairman