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HomeMy WebLinkAboutZBA 1994-03-31 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF FEBRUARY 1 7, 1994 1. BA 94-05 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH LAND HILLS, TEXAS March 31, 1994 - 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 Perry Ch ristensen Barry LeBaron Steve Pence Clayton Husband Steve Ingham Jim Grant Robert Skinner Plan/Insp. Dir Building Official Planner ABSENT Mr. Cypert made the motion to approve the minutes as presented. The motion was seconded by Mr. Christensen, and the motion carried 3-0, with Dr. Duer abstaining due to absence at the previous meeting. Chairman Duer stated law requires four affirmative votes for a variance request to pass, regardless of the number of members in attendance. Request of Cynthia Martin for a variance from the Zoning Ordinance No. 1874 on Lot 31, Block 4, Fossil Creek Trails Addition, to allow a carport to be built beyond the side and rear building line. This property is located at 6325 Riviera Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Cynthia Martin, 6325 Riviera Drive, came forward to speak. She stated the permit has been approved, but there is still a question about the side building line. Ms. Martin presented pictures of the property to the Board. She stated the carport wou Id be th ree feet from the property line at the front, and four feet at the rear. She stated the area is already covered with concrete. Ms. Marti n stated the carport wou Id be an open structure with no side, and lattice-work detailing. She stated there are similar structures in the area. Mr. Christensen asked if she wants to build all the way to the fence. Ms. Martin stated the permit was approved to allow two feet from the fence, which would leave a gap of open concrete. She stated the fence is built inside the building line. Chairman Duer asked if the carport will drain towards the lake. Ms. Marti n stated yes. There being no one else wishing to speak, Chairman Duer Skinner closed the Publ ic Heari ng. ZSA Minutes - Page 2 31 March 1 994 Mr. Schopper asked if Mr. Pence has any problems with the proposal. Mr. Pence stated no, they intend to cover the existing driveway. Mr. Cypert made the motion to approve BA 94-05. The motion was seconded by Mr. Schopper, and the motion carried 4-0. 2. BA 94-06 Request of Wendy Cowan for a variance from the Zoning Ordinance No. 1874 on Lot 9R, Block 7, Stonybrooke South Addition, to vary from the masonry requirement on an accessory building. This property is located at 8417 Crystal Lane. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at th is time. Ms. Wendy Cowan, 8417 Crystal Lane, came forward to speak. She stated she is building a workshop and storage building and wishes to use masonite siding rather than brick. She stated the siding is the same siding used on the houses next door. She stated the cost of bricking the building is cost prohibitive, raising the cost of the building by $2,700. Ms. Cowan stated she is able to do the finish work by herself. She stated she does not wish to brick the building. Chairman Duer asked how large the building is. Ms. Cowan stated 600 square feet. She stated she has complied with the foundation requirements. Mr. Christensen asked if there were houses adjacent to the property. Ms. Cowan stated no. She stated the bu i Id i ng is 10 feet from the rear building line and 6 feet from either side. Mr. Christensen asked which side the garage door is going on. Ms. Cowan stated the east side. She stated the door is there for venti lation and to move large wood projects out. She stated there will be no driveway. Chairman Duer stated the Board is concerned about the size, even though it is allowed. He stated they are not concerned about the personal use of the bu i Id i ng. He stated they are concerned about how it wi II affect the neighboring properties. Ms. Cowan stated she has one of the largest lots in the subdivision. Mr. Christensen asked how much of the building is for storage. Ms. Cowan stated 200 square feet will be for storage, and 400 square feet will be for a wood working shop. Chairman Duer asked how many accessory buildings are allowed on a lot. Mr. LeBaron stated the intent of the 30% requirement was to gain some proportionality between the house and other buildings. ZSA Minutes - Page 3 3 1 March 1 994 Mr. Schopper stated someone could have two of the smaller buildings. He stated one of the concerns is what the future owners of the property may do with the building. Chairman Duer asked what utilities would be available in the building. Ms. Cowan stated electricity only. Mr. Cypert stated his concern is that this is a new housing area, and if the request is approved, some people might think that is a precedent. He stated his concern over future requests in the area. Mr. Christensen stated they are not voting on whether the building should be approved. He stated the building is considered permanent due to its size. He stated the purpose of the masonry requirement is to ensure that the building will maintain its appearance and durability. Chairman Duer stated that in itself is self limiting. Ms. Cowan stated the sid i ng is of the same type as the second story of most of the houses in the area. Chairman Duer stated the masonry requirement may have been passed based on aesthetics only. He stated sound construction may not have been an issue. He stated the Board must keep the spirit of the ordinance in mind. He stated the Board usually must find a hardship to approve a request. He stated they could consider building two smaller buildings with a work area in between the two. Mr. Schopper stated there is a concern over noise and would like to see the building enclosed. He asked if the building will be air conditioned. Ms. Cowan stated not at this time. Mr. Schopper asked what type of equipment she uses. Ms. Cowan stated she has a table saw, a band saw, grinders, sanders, and miscellaneous tools. She stated she builds bookshelves and other craft items. Mr. joe Lane, 8417 Crystal Lane, came forward to speak. He stated the building would be unseen from the street. He stated they looked at every lot available in that area to find one that would accommodate the building. Mr. Lane stated the building will be built, the question is whether it will have brick or siding. Chairman Duer stated it is difficult to know all the requirements for everything you intend to do all the time. Mr. Lane stated they made their intentions known to the builder and received no insight at all into the masonry situation. Chairman Duer stated that is why there is a permit process. Mr. Lane stated the building will look very similar to the other houses in the area. ZSA Minutes - Page 4 31 March 1 994 Mr. Schopper stated his concern over future owners of the house. Chairman Duer asked if 600 square feet is the size they need for what they intend to do. Mr. Lane stated yes. There being no one else wishing to speak, Chairman Duer closed the Public Heari ng. Mr. Cypert stated h is concern over future requests by future homeowners. He stated this request is 400 square feet more than the requirement. He stated they could table this item until a five member board is in place. Chairman Duer stated his concern about the future neighbors feeling about th is req uest. Ms. Cowan stated the forms are already in place and the foundation is scheduled to be poured in a few days. She stated they need to know if they need to pour a brick ledge. She stated she would have to save a considerable amount of money to purchase enough brick. Chairman Duer stated the Board can postpone a decision until five members are present. He stated it is unlikely that a full variance from the masonry requirement would be approved. He stated the problem is the size of the building that a variance has been requested for. Mr. Christensen asked if they can require a lower percentage of brick. Mr. LeBaron stated yes, it is one of the purposes of the Board to approve variances and enforce them as they see fit. Mr. Schopper stated they could consider both the house and building in regards to a percentage of brick. Ms. Cowan stated she does not know how to lay brick, and the cost of the brick and labor is too high. Mr. Christensen asked if there is any siding on the house. Mr. Lane stated no. Chairman Duer stated they have approved variances with lesser percentages of masonry on them. Ms. Cowan stated the other back yards on the lots are too small to handle even a small building. Mr. Christensen stated those people could come before the Board and request a variance to build as large a building as would fit into the yard. Mr. Schopper asked if they could pour the brick ledge and build the building a little at a time. Mr. Lane stated they would have to buy the bricks all at once to maintain any consistency in color. ZSA Minutes - Page 5 31 March 1994 Chairman Duer asked if they are willing to table this item and consider other options. Ms. Cowan stated that would do no good for their timing. Mr. Lane stated you cannot waterproof siding with a brick ledge on the foundation. He stated it affects the framing as well. Ms. Cowan stated with a fence up, no one can see the building. She stated if she has to brick the bu i Id i ng, she wi II brick it all the way up. Mr. Cypert stated he cou Id support fifty percent of the bu i Id i ng bei ng brick. Mr. Lane asked if fifty percent is agreed upon, could they build more than that if they cou Id afford it. Chairman Duer stated yes, the Board just sets a minimum standard to enforce in some cases. Ms. Cowan asked if they could brick just the front of the building, and keep the other three sides siding. She stated they could probably afford that. Chairman Duer stated that would satisfy his concerns. He stated some homes are built with three sides brick and the rear siding. Mr. LeBaron stated the Council changed the requirement several months ago to require that all elevations meet the masonry requirement. Chairman Duer stated if the brick the front, the side that faces the street, he wou Id support that. There was general discussion regarding the amount of brick that should be required. Mr. Cypert made the motion to approve BA 94-06, subject to the following requirements: the front of the building, facing the house, must be 100% brick, and the remaining side may be masonite siding. The motion was seconded by Mr. Schopper, and the motion carried 4-0. 3. BA 94-07 Request of Charles Mort for a variance from the Zoning Ordinance No. 1874 on Lot 17, Block 2, Ember Oaks Addition, to allow an accessory building to encroach the rear building line and to vary from the masonry requirement. This property is located at 7833 Clover Leaf Drive. Mr. Charles Mort, 7833 Clover Leaf Drive, came forward to speak. He stated his building is built on a slab that he had poured when the subdivision was just beginning to develop. He stated last summer he built the building on the existing slab. Mr. Mort stated the building is 24 feet over the maximum size. He stated the building is screened from the street. He stated the building is six feet from the rear property line and is supposed to be ten feet. He stated there would be no plumbing in the building. Chairman Duer stated this building is only 24 square feet above the maximum limit. Mr. Mort stated the bu i Id i ng is constructed of wood sid i ng, and has two windows. He stated he uses the building as a hobby shop. ZSA Minutes - Page 6 31 March 1 994 Mr. Cypert asked why he did not take out a permit. Mr. Mort stated he did not think of it at the time. He stated he had a permit for the origi nal bu i Id i ng, and he put th is one up after he took the fi rst one down. He stated it was a 10 by 12 building. He stated he overlooked at the time. Mr. Cypert asked if the building has electricity. Mr. Mort stated yes, that it is powered by a cord from the house. Mr. Cypert stated that any electric work must be permitted and inspected to insure that it meets the code. Mr. Mort stated he would like to keep the building and does not want to have to take it down. There being no one else wishing to speak, Chairman Duer closed the Public Heari ng. Mr. Cypert stated that permits need to be taken out for both the building and the electrical work. Mr. Schopper made the motion to approve BA 94-07. Mr. Cypert offered an amendment to the motion to include requiring an electrical perm it for all electric work. Mr. Schopper accepted the amendment to the motion. The amended motion was seconded by Mr. Christensen, and the motion carried 4-0. CITIZEN COMMENTS None. ADjOURNMENT There being no further business, the meeting was adjourned. ~. t.;L-~ Dr. Tom Duer, Chairman