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HomeMy WebLinkAboutZBA 1995-11-17 Minutes CAll TO ORDER ROll CAll CONSIDERATION OF MINUTES OF OCTOBER 17, 1995 1. BA 95-35 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH lAND HillS, TEXAS NOVEMBER 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 Bill Schopper Jimmy Bellomy Robert Skinner Perry Christensen Paul Young Barry LeBaron Clayton Husband Gregory Arrington Randy Shiflet None Planning Director Planner Plans Examiner Asst City Manager ABSENT Mr. Skinner made the motion to approve the minutes as presented. The motion was seconded by Mr. Christensen. The motion carried 5-0. 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. Chairman Duer stated that Mr. Schopper was the alternate voting member for the evening. Request of Earl Overcash to allow a carport to encroach the front building line on Lot 14, Block 8A, North Hills Addition. (Located at 3552 Garwood Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Earl Overcash, 3552 Garwood Drive, came forward to speak. Mr. Skinner asked how long she has lived in the house. Ms. Overcash stated 1 5 years. Chairman Duer asked if she had contracted with anyone to construct the carport. Ms. Overcash stated yes. ZSA Minutes - Page 2 16 November 1995 Chairman Duer stated the house has a 25-foot front building line. He stated the house is five feet behind the building line. He stated the encroachment would be about 20-feet. Mr. Christensen asked if there are any carports in front of the houses on th~t street. Ms. Overcash stated no. Mr. Skinner asked if the carport could be built on the side of the house. Ms. Overcash stated no. Chairman Duer asked if the carport would be located 20-feet from the street. Mr. Husband stated yes. Chairman Duer asked what the garage is used for now. Ms. Overcash stated storage. Mr. Skinner asked if the garage could accommodate two cars. Ms. Overcash stated yes. Chairman Duer asked if she had considered building a storage building in the back yard and cleaning out the garage. Ms. Overcash stated she has a refrigerator and freezer in the garage. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Young made the motion to approve BA 95-35 as requested. The motion was seconded by Chairman Duer. The motion failed 2-3, with Mr. Young and Chairman Duer voting for, and Mr. Bellomy, Mr. Skinner and Mr. Christensen voting against. Chairman Duer stated that any appeal of the Board's decision should be directed to state d i stri ct co u rt. 2. BA 95-36 Request of Carlos Vasquez to allow a fence to be constructed beyond the street side building line on Lot 11, Block 10, College Hill Addition. (Located at 7601 Terry Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Carlos Vasquez, 7601 Terry Drive, came forward to speak. He stated the zoning regulations do not allow him to construct his fence at the property line due to the configuration of the lot to his rear. Mr. Vasquez presented pictures of other similar situations where the fence was built. ZSA Minutes - Page 3 16 November 1995 There was general discussion regarding sight visibility at the corner of Terry Drive and College Circle South. Ms. Audrie James, 7525 College Circle South, came forward to speak. She stated she is the adjacent property owner. She presented two letters in opposition to the request to the Board. She presented pictures of the property in question. Mr. Christensen asked what type of fence was at that location. Ms. James stated it was a wood fence. She stated that the corner is a traffic hazard in that people do not stop. She stated a fence would hinder sight visibility. Chairman Duer asked if there was any other correspondence. Mr. Husband stated a letter in opposition was received from Gregory Goodman, who lives at the southeast corner. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner asked what type of fence would be built. Mr. Vasquez stated it would be a 6-foot wood stockade fence. Mr. Skinner asked when the other fence was removed. Mr. Vasquez stated he has been removing the fence since the spring storms. Mr. Skinner asked why the fence was brought down the side of the house. Mr. Vasquez stated he wanted more fenced yard. He stated the side of the house is only good for mowing. Chairman Duer asked if Mr. Vasquez understood his neighbors concern over the aesthetic val ue of the fence. Mr. Vasquez stated yes. There was general discussion regarding the proposed location of the fence. Mr. Bellomy made the motion to approve BA 95-36 subject to the following requirement: the fence may be constructed no further than 8-feet out from the middle of the house, and shall follow a line west from that point to where the rear property line and side building line intersect at the west side of the property. The motion was seconded by Mr. Skinner. The motion carried 5-0. 3. BA 95-37 Request of Robert Porter to allow a carport to encroach the rear building lines on Lots 17 AR and 17BR, Block 26, Holiday West Addition. (Located at 5624-5626 Westchase Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. ZSA Minutes - Page 4 16 November 1995 Mr. Robert Porter, 812 Hillcrest, Denton, came forward to speak. He stated he is the general contractor for the homeowner. He stated a variance is necessary due to an encroachment of the rear property line. He stated all other carports on the street are eight feet from the rear property line. Chairman Duer asked where the water will drain from the carport. Mr. Porter presented a letter in support of the request from the neighboring property owners. He also presented pictures of the existing wall and specifications of the proposed carport. Mr. Bellomy stated the carport shows built-in gutters on the east side. Mr. Porter stated the water will flow back towards the front of the duplex on the driveways. Chairman Duer stated the Board's concern was water draining onto the property to the east. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner made the motion to approve BA 95-37 as requested. The motion was seconded by Mr. Christensen. The motion carried 5-0. 4. BA 95-38 Request of Tim Dykes to vary from the wall sign requirements by allowing a wall sign to extend above the roof line on Lot 2, Block 42A, Richland Terrace Addition. (Located at the northwest corner of N E Loop 820 and Cloyce Court) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Tim Dykes, 15915 Katy Freeway, Houston, came forward to speak. He stated he is the architect for the proposed store. He stated he is requesting that the sign be classified as a wall sign. He stated they are mounted on a concrete panel located in front of and above the building. He stated this is a prototype store. Mr. Skinner asked if there is a similar store in Arlington. Mr. Dykes stated yes. Mr. Skinner asked if the City of Arlington approved the sign. Mr. Dykes stated yes. Chairman Duer asked if it would be difficult to incorporate the sign visibly into the building. Mr. Dykes stated the parapet wall could be raised to make it look like a wall sign. ZSA Minutes - Page 5 16 November 1995 There was general discussion regarding the design of the sign and the classification of the sign. Mr. Robert Van Til, owner of Lots 8 and 9 on Winder Court, came forward to speak. He asked if any additional light will be cast on the property to the rear. Chairman Duer showed Mr. Van Til the picture of the sign. He stated the letter are internally I it. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Bellomy made the motion to approve BA 95-38 as a wall sign, and to require the parapet wall to extend to the top of the sign to give the appearance of a wall sign. The motion was seconded by Mr. Christensen. The motion carried 5-0. 5. BA 95-39 Request of Gary Latson to allow an addition to the house to encroach the side building line on Lot 13, Block 5, Richland Hills West Addition. (Located at 3722 Rogene Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Gary Latson, 3722 Rogene Drive, came forward to speak. He stated his house encroaches the side building line, and the addition to the house will also encroach. He stated the addition is on the rear of the house, and will be no closer to the property line than the existing house. He stated the addition includes living and sleeping areas. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Christensen made the motion to approve BA 95-39 as requested. The motion was seconded by Mr. Bellomy. The motion carried 5-0. STAFF REPORT Mr. LeBaron stated that the next meeting will need to be moved because the Council Chambers will be renovated starting in December. Mr. Husband asked the Board if the December meeting could be moved to December 14th, rather than having a conflict with December 21 st and the holidays. The Board agreed to meet on December 14th in the Pre-Council room. ADJOURNMENT There being no further business, the meeting was adjourned. ~ Dr. Tom Duer, Chairman