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HomeMy WebLinkAboutZBA 1994-06-16 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF MAY 19,1994 1. BA 93-22 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH lAND HillS, TEXAS June 16, 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 Robert Skinner Barry LeBaron Steve Pence Clayton Husband Gregory Arri ngton Steve Ingham Jim Grant Dir Plan/lnsp Building Official Planner Plans Examiner 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. Request of Dennis Stout for a variance from the Zoning Ordinance No. 1874 on Lots 3 & 4, Block 1, Smithfield Addition, to vary from the outdoor storage requirement. This property is located at 6616 Davis Boulevard. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Dennis Stout, 8732 Copper Canyon Road, came forward to speak. He stated he is requesting an adjustment on his variance in order to sell portable storage buildings. He stated they range in size from 8x10 to 12x20 square feet, and some are pole barns. He stated he would like to set up a small display of about four buildings with landscaping. Chairman Duer asked if he owns property to the south. Mr. Stout stated yes. Mr. Christensen asked if the buildings would be in the parking area. Mr. Stout stated the buildings would be located off the parking area. He stated there will be a walkway among the buildings. Chairman Duer asked what the property is zoned. Mr. Stout stated 1-2. Chairman Duer asked if what Mr. Stout was asking for be allowed in a C-2 zoning district. ZSA Minutes - Page 2 16June 1994 Mr. LeBaron stated yes. He stated one of the conflicts regarding this use is that a feed store is allowed in both C-2 and 1-2 zones, but the 1-2 zone does not address the outdoor storage issue. Chairman Duer asked if the P&Z Commission was looking into the outdoor storage issue in industrial zones. Mr. LeBaron stated yes. Mr. Schopper asked if they need further clarification on the previous variance or need a new one passed. Mr. LeBaron stated the original variance approved outdoor activities with no qualifications. Mr. Cypert asked if Mr. Stout had placed a chain link fence along the property. Mr. Stout stated the chain link fence was for the storage facility behind the building. He stated they store quite a bit of large equipment outside. Mr. Schopper asked if this clarification is for the storage buildings only. Mr. Stout stated there are many potential items for the store to sell. Chairman Duer asked if they approve the outdoor display, would that include swimming poo Is. Mr. LeBaron stated the Board could put some qualifications on the decision if desired. Mr. Christensen asked how many different models of buildings there are. Mr. Stout stated there are about 14 different styles. He stated they are serving as a selling agent, and the owner will be responsible for construction and permitting. Mr. Christensen asked what the buildings are made of. Mr. Stout stated wood. Chairman Duer asked if they will be manufacturing anything on the property. Mr. Stout stated no. Mr. Christensen asked how many buildings are proposed for display. Mr. Stout stated about four or five. Chairman Duer asked how many square feet is available for this activity. Mr. Stout stated about four acres. Mr. LeBaron stated the Board could consider limiting a certain percentage of the lot to whatever activities may be associated with th is particu lar use. He stated C-2 allows 20% of the lot to be used for outside storage. Chairman Duer asked if this could turn into a flea market type activity. Mr. Pence stated that the sale of products must be consummated indoors. ZSA Minutes - Page 3 16 June 1994 Chairman Duer stated they should limit it to the display of buildings and not used for storage of materials. Mr. Schopper stated the Board could modify the request to match the requirements included in the C-2 district. Chairman Duer stated they need to be careful when dealing with outdoor storage and outdoor display. He asked if Mr. Stout would need the area dedicated for these buildings to store sale items. Mr. Stout stated no. Mr. Christensen asked if a building permit would be required for them to construct these buildings on site. Mr. LeBaron stated no. Mr. Cypert stated there are limits to size and masonry requirements in the city. Mr. Stout stated he would look into that. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 93-22 subject to only 20% of the lot being used for display purposes only. The motion was seconded by Mr. Schopper. The motion carried 5-0. 2. BA 94-14 Request of John Rainey for a variance from the Zoning Ordinance No. 1874 on Lot 3R, Carston Court Addition, to vary from the maximum height requirement for a detached garage. This property is located at 6628 Carston Court. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. John Rainey, 6628 Carston Court, came forward to speak. He stated they are building a detached garage and intend to turn the existing garage into a game room. He stated they have increased the wall size of the detached garage to increase the stand up storage area above. Mr. Rainey stated the building is designed to match the pitch of the roof of the house and will exceed the 15-foot height requirement in the ordinance. Mr. Rainey presented pictures of the project. Chairman Duer asked if there would be any living quarters in the garage. Mr. Rainey stated no. Chairman Duer asked what utilities would be available. Mr. Rainey stated electricity and a mop sink for clean-up. Mr. Christensen asked if the structure would be brick. Mr. Rainey stated yes. Chairman Duer asked how large the building is. Mr. Rainey stated 900 square feet. He stated it will be a 3-car garage. ZSA Minutes - Page 4 16 June 1994 Chairman Duer asked what will happen to the retaining wall. Mr. Rainey stated the property will be graded to the original level. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Schopper made the motion to approve BA 94-14 as requested. The motion was seconded by Mr. Christensen. The motion carried 5-0. 3. BA 94-15 Request of Birdville LS.D. for a variance from the Zoning Ordinance No. 1874 on Lot A, Block 56, Foster Village Addition, to allow an addition to the building to encroach the building line. This property is located at 6800 Springdale Lane. Mr. Cypert stepped down and excused himself from discussion due to conflict of interest and to represent the school district. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Billy Cypert, Director of Buildings and Grounds for BISD, came forward to speak. He stated they are requesting a variance to allow a building to encroach the front building line. He stated the original plan had the activity room at the rear. Mr. Cypert stated after further discussion, the room was moved to the front of the building. He stated the street is curved, but the building is straight, resulting in a small wedge of the building encroaching the building line. He stated the school is the only structure on the lot. Chairman Duer asked when construction is scheduled to begin. Mr. Cypert stated the bid opens on June 30th, and construction will start soon after that. Chairman Duer asked how far the edge of the building will be from the street. Mr. Cypert stated approximately 33 feet from the street. Mr. Skinner asked what the building will be used for. Mr. Cypert stated the school shares faci I ities with the city. He stated there are several groups which use school facilities. He stated the building is one large room and serves as a primary grade activity room. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner made the motion to approve BA 94-15 as requested. The motion was seconded by Mr. Christensen. The motion carried 4-0, with Mr. Cypert abstaining due to conflict of interest. 4. BA 94-16 Request of James Tucker for a variance from the Zoning Ordinance No. 1874 on Lot 2, John's Addition, to allow a gas tank canopy to encroach the front building line. This property is located at 6400 Davis Boulevard. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at th is ti me. ZSA Minutes - Page 5 16 June 1994 Mr. James Tucker, 6400 Davis Boulevard, came forward to speak. He stated he intends to construct a 33x24' canopy over the gas pumps. He stated the pumps are at the front of the property and are over the building line. He stated the canopy will not encroach the property line. Mr. Tucker stated he must meet Texaco's specifications. Chairman Duer asked if the canopy would be as tall as the electrical lines. Mr. Tucker stated no. He stated the canopy wi II be parallel with the street. Mr. Christensen asked how far the canopy will extend beyond the building line. Mr. LeBaron stated about 23 feet. Mr. Schopper asked how much a canopy like this costs. Mr. Tucker stated about $17,000. He stated it could be $14,000 with four posts and a larger canopy. He stated the wind load requirements result in a higher cost. Mr. Skinner asked if the canopy will be free standing. Mr. Tucker stated yes. He stated the canopy will extend to almost the edge of the building. Mr. Skinner asked how tall the canopy is. Mr. Tucker stated it will be 14-feet underside to clear large trucks. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Christensen made the motion to approve BA 94-16 as requested. The motion was seconded by Mr. Cypert. The motion carried 5-0. 5. BA94-17 Request of Jim Peek for a variance from the Zoning Ordinance No. 1874 on Lot 4 and a portion of Lot 5, Block 3, Valley Park Estates, to allow an the house to encroach the front building line. This property is located at 9021 Valley View Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Jan Patterson, 9021 Valley View Drive, came forward to speak. She stated her house encroaches the front building line and the bank will not refinance her home until this item is cleared up. She stated she purchased the house seven years ago on an owner finance deal. Mr. Cypert asked if it is just a small portion of the house that encroaches. Ms. Patterson stated yes. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 94-1 7 as requested. The motion was seconded by Mr. Schopper. The motion carried 5-0. ZSA Minutes - Page 6 16 June 1994 6. BA 94-18 Request of Frank Kirkland for a variance from the Zoning Ordinance No. 1874 on Lot 21, Block 1, Meadow Lakes Addition, to vary from the maximum height and size limits for an accessory building. This property is located at 5048 Lake View Circle. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Frank Kirkland, 5048 Lake View Circle, came forward to speak. He stated he is constructing a building for workshop and storage space. He stated he did not want to build two buildings so he is constructing one larger structure. He stated he thought he could go 19 feet high. Mr. Kirkland stated he received notice that a permit was required. He presented the plans of the building to the Board. He stated he was told to cut down the height or apply for a variance. He stated the was confusion over what the measurements of the building were. He stated he measured from the inside walls and the City measures the outside dimensions. He stated the building is about 8 square feet to large. Mr. Kirkland stated he could reduce the height to fifteen feet, but would have to take some structural integrity out of the rafters. He stated Mr. Pence said he would rather have the strength in the roof and an extra five inches in height. He stated there is a sliding garage door for ventilation. He stated his adjacent neighbors took issue with the building, and the City asked him to stop all work on the building except for securing the building from the weather. He stated he has not done the final grading. Mr. Kirkland stated his property slopes greatly to the rear. Chairman Duer asked where during the construction was he asked to stop working on the building. Mr. Kirkland stated the walls were on the building. Chairman Duer asked if the building was ever taller than 17 feet. Mr. Kirkland stated yes, the walls were higher. He stated he has reduced the height of the building. He stated the absolute height is 15' 5". Chairman Duer stated the Ordinance only allows fifteen feet. He stated the first part of the variance is a request for 5 inches above the maximum height. Chairman Duer asked what type of foundation the building has. Mr. Kirkland stated it is a wood foundation that is bolted to several studs set in concrete. Chairman Duer asked if the building could be moved. Mr. Kirkland stated yes. Mr. Christensen asked if this building met all setback requirements. Mr. Pence stated yes. Mr. Kirkland stated the building in not located in the utility easement. Chairman Duer asked what utilities will be run to the building. Mr. Kirkland stated electricity. Chairman Duer asked what is the purpose for the building. ZSA Minutes - Page 7 16June 1994 Mr. Kirkland stated a storage area and workshop. He stated there is no room to stand erect in the upper area. Mr. Christensen asked what the exterior would be constructed of. Mr. Kirkland stated vinyl siding with a composition roof. Chairman Duer asked if there was any written correspondence concerning this case. Mr. Husband stated no. Mr. Alan Farqueson, 5020 Skylark Court, came forward to speak. He presented pictures to the Board. He stated he is the individual who started this process. He stated the pictures show the view of the building from his back yard. He stated he did not report anything to the city until the second story was under construction. Mr. Farqueson stated he asked the city if there was a perm it and was told no. He stated the Code Enforcement Officer visited the site and asked Mr. Kirkland to apply for a permit. He explained the contents of the pictures. Mr. Skinner asked what the distance from his house to the property line was. Mr. Farqueson stated about 40 feet. He continued to explain the contents of the pictures. He stated he called the city again after work continued on the building and was told the permit was approved. He stated the gross dimensions of the building are 208 square feet and requested that work on the building be stopped. He stated he has had several phone conversations with Mr. Pence. He played a recording of a phone message from Mr. Pence. Mr. Farqueson stated the permit that was granted was invalid since Mr. Pence knew the building was larger than what was allowed. He stated he met with the City Manager and City Attorney the next day, and the result was that Mr. Kirkland would be allowed to put a dry roof on the building. He stated his concern over the structural integrity of the building and his property values. He stated the building is also a violation of the deed restrictions in the subdivision. He stated he did not complain about the previous building. He stated the permit that was granted was illegal. Mr. Farqueson stated the building should be moved to another part of the lot. Chairman Duer stated Mr. Kirkland exceeds the height requirement by five inches. He asked if the Board requires him to reduce the height by five inches and the area by eight square feet, would that satisfy Mr. Farqueson's concerns. Mr. Farqueson stated he really does not have a choice if the Board requires him to reduce the size of the building. He stated it is an illegal building at this point. Chairman Duer stated the Board cannot require that the structure be removed if it is brought in line with the zon i ng req u i rements. Mr. Farqueson stated the permit should never have been issued. Mr. Christensen asked what the Homeowners Association decided to do in this case. Ms. Rhonda Brown, 4900 Pebble Court, came forward to speak. She stated she is the president of the Association. She stated fifteen homes were represented at the meeting. She stated she was not present at the meeting due to her son's baseball game. Ms. Brown stated she was instructed to send a letter to Mr. Kirkland requiring him to remove the building. She presented a copy of the letter to the Board. She stated her concerns about safety and property val ues. ZSA Minutes - Page 8 16 June 1 994 Chairman Duer asked Ms. Brown if the building is reduced in size and height, will that satisfy the Association's concerns. She stated the response from the Association was that cutti ng it down that small amount was unsatisfactory. She asked if the permit was issued based on the building being considered temporary. Mr. Pence stated yes. Mr. Mike Stanley, 5024 Skylark Court, came forward to speak. He asked if the building could be used for I iving purposes. Chairman Duer stated no. Mr. Stanley stated his concern about the safety of the building. He stated his concerns about property values. He stated the building should be moved to the other side of the property. Chairman Duer asked if the building was a finished structure. Mr. Pence stated no. He stated after the meeting with the City Manager and City Attorney, he was told to allow Mr. Kirkland to dry in the building to protect it from the weather. Chairman Duer asked if Mr. Kirkland knew he would have to alter the building if necessary after th is heari ng. Mr. Pence stated yes. He stated Mr. Kirkland did not withhold any information about the building. He stated he overlooked the dimensions on the drawing because the square footage was listed. Chairman Duer asked if homes are measured from outside dimensions. Mr. Pence stated they are typically measured from finished rooms in the house. He stated that does not i ncl ude storage space. Mr. Farqueson appeared before the Board. He stated the permit was granted with knowledge that the building was illegal. He stated Mr. Kirkland was only supposed to dry roof the building in, not put walls up. Chairman Duer stated he would rather have seen the building protected. He stated it would be very shortsighted of the City to stop all work and let the building be damaged by the weather. Mr. Farqueson asked from where the fifteen feet height is measured. Mr. Pence stated ground level to the peak of the roof. Mr. Farqueson stated it looks larger than that. He asked if the building height will be measured. Mr. Pence stated it is not standard procedure to physically measure every house and structure in the city. He stated his inspectors have enough experience to recognize an eight- foot wall if that is what is shown on the plans. Mr. LeBaron stated they will measure the building after the outcome of this case to verify the Board's decision. Mr. Pence stated the outside dimensions have been verified. ZSA Minutes - Page 9 16 June 1994 Mr. Kirkland appeared before the Board. He stated he has not been personally approached by the Homeowners Association regarding this matter. He stated he will work with them if they desired. He stated he did receive the letter. Mr. Kirkland stated in regards to work being done after the meeting with the City Manager, he placed panels up to protect it from the rain. He stated he has not put up any felt on the roof. He stated he is trying to build this building with safety in mind. He asked Mr. Pence if he saw any potential safety problems when he inspected the structure. Mr. Pence stated it looked like a well-built structure. He stated the building exceeded the span tables contained in the building code. Mr. Kirkland stated the only purpose for the garage door is ventilation. He stated there is only four feet of space above the loft, so there is no room for anyone to live in the building. He stated that is not his intention. He stated he will bring the building into compliance, but he does not think that will solve the issue. Mr. Schopper showed Mr. Kirkland one of the pictures submitted and stated that five inches will probably not make a difference in what the adjacent neighbors see. Mr. Jack King, 3620 Holland Street, came forward to speak. He stated the Board might consider requiring an 8-foot fence along the rear property line to satisfy that neighbor's sight problem and make the building less visible. Mr. Ronald Owens, 6513 Meadow Lakes Court, came forward to speak. He asked how close the building could be built to the property line that abuts the church property. Mr. Pence stated th ree feet. Mr. Owens asked if the building could be moved to this location. Chairman Duer asked if by moving the building, would that satisfy the property owners. Mr. Owens stated he thinks it will satisfy Mr. Farqueson. Chairman Duer asked Mr. Kirkland if he could move it to a different part of the property. Mr. Kirkland stated it is possible, but with the pool located where it is it would be difficult. He stated the building is close to the garage and in a convenient location. Chairman Duer asked if he would rather move the building or reduce the size and height. He stated one of the things this Board does is try to compromise. Mr. Kirkland stated moving the building does not provide him the convenience he wants. He stated if the neighbors will pay the cost to move the building, he will move it. Mr. Christensen stated he does not think that having to move the building is not part of this request. He stated if the Board does not want to allow the specific things that Mr. Kirkland has asked for, they need to turn down the request. Mr. Skinner stated Mr. Kirkland owns this property and has the right to put the building wherever he wants as long as it compl ies with the code. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. ZSA Minutes - Page 10 16 June 1 994 CITIZEN COMMENTS ADJOURNMENT Mr. Christensen made the motion to approve BA 94-18 as requested. The motion was seconded by Mr. Schopper. The motion carried 4-1, with Mr. Christensen, Mr. Schopper, Mr. Skinner, and Mr. Cypert voting in favor; and Chairman Duer voting against. None. There being no further business, the meeting was adjourned. oÓ~ ? "'J/~ Dr. Tom Duer, Chairman