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HomeMy WebLinkAboutZBA 1994-04-21 Minutes CALL TO ORDER ROLL CAll CONSIDERATION OF MINUTES OF MARCH 31,1994 1. BA 94-08 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH lAND HillS, TEXAS April 21, 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 Christensen Steve Ingham Jim Grant Robert Skinner Steve Pence Clayton Husband Gregory Arri ngton Building Official Planner Plans Examiner Mr. Cypert made the motion to approve the minutes as presented. The motion was seconded by Mr. Christensen, and the motion carried 4-0, with Mr. Ingham, Mr. Grants, and Mr. Skinner abstaining due to absence at the previous meeti ng. 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 Michael Wells for a variance from the Zoning Ordinance No. 1874 on lot 8, Block 3, Maroaks Addition, to authorize a building permit to reconstruct a nonconforming duplex. This property is located at 7021 lincoln Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Michael Wells, 1515 Holly Ridge, Keller, came forward to speak. He stated he wanted to reconstruct the duplex the way it was originally built before it burned. He stated the square footage requirements now require a larger living area. He stated the foundation is good, and he wants to build it like the other duplexes in the neighborhood. Chairman Duer asked if the other duplexes were similar in size. Mr. Wells stated there are several that have identical floor plans. There being no one else wishing to speak, Chairman Duer closed the Public Heari ng. Mr. Cypert made the motion to approve BA 94-08 as requested. The motion was seconded by Mr. Christensen, and the motion carried 5-0. ZSA Minutes - Page 2 21 April 1994 2. BA 94-09 Request of James Cardone for a variance from the Zoning Ordinance No. 1874 on Lot 15, Block 4, Sunnybrook Addition, to allow a fence to encroach the side building line. This property is located at 6400 Westgate Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. James Cardone, 6400 Westgate Drive, came forward to speak. He stated he want to build a fence to within a foot of the property line. He stated the fence would be about 30-feet from the road. He stated he has spoken with h is neighbor, and he has no problem with the request. Mr. Skinner asked how far out from the edge of the house he wanted to build. Mr. Cardone stated 25-feet. Chairman Duer asked if Mr. Cardone would have a problem with approving the request on the condition that the fence be moved if Cardinal Lane is widened. Mr. Cardone stated no. Mr. Skinner asked if Mr. Cardone's neighbor intends to tie onto this fence. Mr. Cardone stated no. Mr. Roger Irvin, 6405 Westgate Drive, came forward to speak. He stated he has no opposition to the request. There being no one else wishing to speak, Chairman Duer closed the Public Heari ng. Mr. Christensen asked if the request is approved and the property sells, will the new owner have to comply with the requirements set by the Board. Mr. Husband stated yes. Mr. Cypert made the motion to approve BA 94-08, subject to the following requirement: if Cardinal Lane is widened, the fence must be moved back to the side building line. Mr. Skinner offered an amendment to the motion to only allow the fence to extend twenty-four feet beyond the side building line. Mr. Cypert accepted the amendment to the motion. The amended motion was seconded by Mr. Schopper, and the motion carried 5-0. 3. SA 94-10 Request of Cornerstone Homes for a variance from the Zoning Ordinance No. 1874 on Lot 22, Block 10, Meadowview Estates, to vary from the masonry requirement. This property is located at 8624 Cato Drive. Mr. Rob Wetley, 8536 Neil Court, came forward to speak. He stated they are building a 2 story house, and the buyers have requested to completely brick the two sides of the house, and put siding on the back. He stated the ZSA Minutes - Page 3 21 April 1994 siding on the rear is a 100% masonry product, but there is no brick ledge to work with. He presented pictures of the siding to the Board. Chairman Duer asked what is behind the house. Mr. Wetley stated there is a creek, and beyond that more houses. He stated there is a large stand of trees in the rear of the house. Chairman Duer asked if this house abuts the park. Mr. Wetley stated yes. Mr. Schopper asked why a brick ledge wasn't poured for the rear of the house. Mr. Wetley stated the plans did not call for a brick sill. He stated a city inspector stopped by and told the concrete contractor there was no brick sill. He stated he was unsure whether the inspector meant to add one or knew the plans did not call for one. Chairman Duer asked when building plans are submitted, is it possible to catch something like this. Mr. Pence stated sometimes. He stated if it is a standard print that was being used before the Council changed the requirement, he has not required the builder to change the prints. He stated the contractors are made aware of the requirement, and the brick ledge will be checked on the construction site. Chairman Duer asked if a brick ledge shows up on the prints submitted to the city for th is house. Mr. Pence stated no. Mr. Wetley stated the siding they are using is a 100% masonry product. He stated specifications can be submitted to the City if required. Mr. Cypert asked what procedures the city follows when the plans are approved. Mr. Pence stated there is a foundation inspection, and at that time the inspector wou Id check for the brick ledges. Mr. Cypert asked what was done in regards to this property. Mr. Pence stated the inspector informed him that he told the concrete contractor to add a brick ledge because there was not one. He stated the contractor told him at a later date that the builder told him to remove the ledge because there was not supposed to be one on the rear. Mr. Cypert asked when this was discovered by the city. Mr. Pence stated he would have to look at the inspection record. Mr. Wetley stated he met with Mr. Pence after talking with the inspector, and Mr. Pence stated he would need to apply for a variance. ZSA Minutes - Page 4 21 April 1994 Mr. Skinner asked how much of the house that is left would be bricked. Mr. Wetley stated the sides would be bricked all the way to the top, and the front would be bricked on the first floor and gable. Mr. Pence stated that about 75-80% of the house would be bricked. Mr. Schopper asked what Mr. Pence meant when he stated the house was tagged for no brick ledge. Mr. Pence stated an inspection tag is left on the property informing the builder whether an inspection was passed or not. Mr. Roland Martinez, 7524 Connie Lane, came forward to speak. He stated the house is being built exactly the way they requested. He stated they have moved here from Idaho and would like for the Board to approve the request. There being no one else wishing to speak, Chairman Duer closed the Public Heari ng. Chairman Duer asked if this item was missed on the review of the plans. Mr. Pence stated this item was not missed on the plan review. He stated the city administration asked him to work with the builders in certain cases to prevent them from having to have their prints redrawn. He stated all contractors were notified of the change in the mason ry req u i rement. Mr. Skinner stated there seemed to be a communication gap between the inspector and the bu i Ider. Mr. Wetley stated he does not think a red tag was left on the foundation inspection. Mr. Skinner asked how old the other homes in the area are. Mr. Wetley stated approximately 12 years. Mr. Skinner asked if the other homes meet the masonry requirement. Mr. Wetley stated they did not build all the homes, but they seem to be at least 75 % brick. Chairman Duer stated there are probably houses in the area that do not have the rear bricked. Mr. Schopper asked Mr. Pence if a record is kept to determine if a tag is left on the property. Mr. Pence stated it is written in the inspection record. Mr. Cypert made the motion to approve BA 94-10. The motion was seconded by Dr. Duer, and the motion carried 5-0. ZSA Minutes - Page 5 21 April 1994 4. BA 94- 11 Request of David Carter for a variance from the Zoning Ordinance No. 1874 on Lot 5, Block 2, Walker Branch Addition, to vary from the masonry requirement. This property is located at 8875 Grapevine Highway. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Steve Harriman, 1307 Crest Drive, Colleyville, came forward to speak. He stated he is the broker on th is property representi ng David Carter. He stated Mr. Carter proposes to construct a Son ic restaurant adjacent to the Mountasia complex. He stated Mr. Carter is seeking a variance from the masonry requirement in order to construct a restaurant similar to the one located on Davis Boulevard. Mr. Cypert asked why Mr. Carter wants to use vinyl siding rather than brick. Mr. Harriman stated the current facility has held up very well. He stated the cost of the entire project is also a consideration. Mr. Cypert stated the current property is in a zoning district that does not have a masonry requirement. He stated a similar case was denied for an insurance office located another street. Chairman Duer asked how large the building would be. Mr. Harri man stated the bu i Id i ng is about 3,000 sq uare feet. He stated they do not intend to have indoor din i ng. Mr. Grant asked if Sonic has standard appearances for all their buildings. Mr. Harriman stated yes, and it is coordinated through the Oklahoma City office. He stated he does not know how many variations on the building they have. Chairman Duer stated he thinks the Sonic in Colleyville is brick. Mr. Skinner asked how many restaurants Mr. Carter owns. Mr. Harriman stated four, in Keller, Watauga, Bedford, and North Richland Hills. There being no one else wishing to speak, Chairman Duer closed the Public Heari ng. Mr. Cypert stated his concern over allowing a building in an area that all other buildings were required to comply with the masonry requirement. Mr. Christensen asked if the water park buildings would be constructed of brick. Mr. Husband stated they have not seen the plans for the park yet. Chairman Duer asked if the Outdoor Commercial zoning district has a masonry requirement. Mr. Husband stated yes. ZSA Minutes - Page 6 21 April 1994 Mr. Harriman stated the area has a non-homogenous look about it, and there may be a reasonable alternative that would qualify as masonry. Chairman Duer asked if the project's success is dependent upon whether the building must be bricked. Mr. Harriman stated he is not aware of a problem. Mr. Christensen asked if there are many materials that qualify for masonry. Mr. Husband stated yes, a commercial district is more flexible than a residential one in terms of the definition of masonry. Mr. Schopper stated gray stucco could be a possibility, and it would look better than gray pai nted brick. Chairman Duer stated this request is denied due to the lack of a motion. CITIZEN COMMENTS None. ADJOURNMENT There being no further business, the meeting was adjourned. ?~þ~ Dr. Tom Duer, Chairman