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HomeMy WebLinkAboutZBA 1995-12-14 Minutes CAll TO ORDER ROll CAll CONSIDERATION OF MINUTES OF NOVEMBER 16, 1995 1. BA 95-40 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH lAND HillS, TEXAS DECEMBER 14, 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 Billy Cypert Perry Christensen Paul Young Clayton Husband Gregory Arrington None Planner Plans Examiner ABSENT Mr. Schopper made the motion to approve the minutes as presented. The motion was seconded by Mr. Young. The motion carried 4-0, 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 Jim Warren to allow a carport to encroach the front building line on Lot 3, Block 19, Snow Heights Addition. (Located at 6708 Shauna Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Cindy Martin, daughter of Jim Warren, came forward to speak. She stated her father contracted with Wade Hoggard to construct a carport on the property. She stated the contractor did not obtain the necessary permit, but charged them for the permit fee. Chairman Duer asked how long her father has lived at that address. Ms. Martin stated five years. Mr. Christensen asked if the garage was enclosed. Ms. Martin stated no. Mr. Young asked if there are any other carports on the street. Ms. Martin stated not on Shauna, but there are several in the neighborhood. ZBA Minutes - Page 2 14 December 1995 There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer made the motion to table BA 95-40 until the next meeting to give the property owner the opportunity to contact the contractor and advise them of the situation. The motion was seconded by Mr. Christensen. The motion carried 5-0. 2. BA 95-41 Request of Howard Stout to allow a carport to be constructed beyond the front and side building lines on Lot 14, Block 11, North Park Estates. (Located at 7213 Harwick Lane) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Howard Stout, 7213 Harwick Lane, came forward to speak. He presented pictures of his property and of other carports on the street. He stated the carport he wants to build would encroach the front and side building lines. He stated he needs a covered area to park his cars and boat. Chairman Duer asked if Mr. Stout was aware that a carport could not be used for storing household and personal belongings. Mr. Stout stated he only intends to park his truck and boat under the carport. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer asked Mr. Stout if he will have to cut part of the tree or bushes down to construct the carport. Mr. Stout stated no. Mr. Schopper made the motion to approve BA 95-41 as requested. The motion was seconded by Mr. Cypert. The motion carried 4-1, with Chairman Duer, Mr. Schopper, Mr. Cypert and Mr. Young voting for, and Mr. Christensen voting against. 3. BA 95-43 Request of Dana Marsha to vary from the masonry requirement on a detached garage on Lot 25, Block 8, Windcrest Addition. (Located at 7224 Windhaven Road) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Dana Marsha, 7224 Windhaven Road, came forward to speak. She stated she wants to construct her garage out of Hardi-plank siding rather than brick. She stated the foundation forms have been set for over a year but no work was ever done. She stated she cannot match the original brick color of the house. Ms. Marsha stated she wants a uniform color between the trim on the house and the garage. Chairman Duer asked if the foundation has been poured. ZBA Minutes - Page 3 14 December 1995 Ms. Marsha stated no. She stated she is involved in a class action lawsuit with the original contractor. Chairman Duer stated the zoning laws prohibit using an accessory building for business purposes, especially automotive repair. He asked when she anticipates pouring a driveway. Ms. Marsha stated next year. Chairman Duer stated the Board is concerned about the structure being visible from the street. He asked if she could position the building to match the existing side building line of the house. Ms. Marsha stated yes. She stated the neighborhood is trying to encourage people to keep the cars off the street. Mr. Young asked if the current garage is enclosed. Ms. Marsha stated no. Chairman Duer asked what the cost difference is to install this type of siding as opposed to using brick. Ms. Marsha stated bricking the building would increase the cost by about $5,000. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Christensen asked if the siding needs to be painted. Ms. Marsha stated that the siding comes in a wide variety of colors and does not need to be painted. Mr. Cypert made the motion to approve BA 95-43 subject to the following: that the side building line of the detached garage match the existing side setback of the house. The motion was seconded by Mr. Young. The motion carried 5-0. 4. BA 95-44 Request of Douglas Moffitt to allow a carport to encroach the side building line on Lot 20, Block 7, Stonybrooke Addition. (Located at 7216 Stonybrooke Drive) Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Douglas Moffitt, 7216 Stonybrooke Drive, came forward to speak. He stated he recently bought the house and the garage was already converted. He stated the driveway is on the side of the house and no covered parking exists. He stated the carport he wants to build would encroach the side building line. Mr. Young asked how big of a carport Mr. Moffitt was asking for. Mr. Moffitt stated 24 feet by 24 feet. ZBA Minutes - Page 4 14 December 1995 Mr. Young asked how wide the driveway is. Mr. Moffitt stated 18 feet. Mr. Barry Carlisle, 8504 Crestview Drive, came forward to speak. He stated his opposition to the request. He stated there are no carports in the area, and this house should conform to the neighborhood. Mr. Rodney Tripett, 8513 Crestview Drive, came forward to speak. He stated his opposition to the request. Chairman Duer asked if Mr. Moffitt has thought about putting the carport in the back yard. He asked if that was allowed under city building codes. Mr. Arrington stated yes. Mr. Moffitt stated he has plans to add a drive on the other side of the property next year to accommodate his camper. Mr. Christensen asked if Mr. Moffitt was aware of the neighbors opposition before this meeting. Mr. Moffitt stated no. Mr. Young stated he would like to see this item postponed for one month to give Mr. Moffitt the opportunity to explore other options for a carport in the rear yard. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Young made the motion to table BA 95-44 for one month to give Mr. Moffitt the opportunity to explore other options for a carport in the rear yard. The motion was seconded by Mr. Christensen. The motion carried 5-0. STAFF REPORT None. ADJOURNMENT There being no further business, the meeting was adjourned. r-- Dr. Tom Duer, Chairman