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HomeMy WebLinkAboutZBA 1994-08-18 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF JULY 21,1994 1. BA 94-19 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH LAND HILLS, TEXAS August 18, 1994 - 7:30 p.m. The meeting was called to order by Chairman Tom Duer at 7:35 p.m. PRESENT Chairman Members Dr. Tom Duer Billy Cypert Bill Schopper Robert Skinner Perry Christensen Clayton Husband Steve Pence Gregory Arrington Jim Grant Planner B ui Iding Official Plans Examiner ABSENT Mr. Cypert made the motion to approve the minutes as presented. The motion was seconded by Mr. Schopper. The motion carried 4-0, with Mr. Christensen 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 Tommy Voyles for a variance from the Zoning Ordinance No. 1874 on Lot SR, Block 3, Richaven Addition, to vary from the masonry requirement on an accessory building. This property is located at 4817 Grove Street. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Tommy Voyles, 4817 Grove Street, came forward to speak. He stated he constructed a building without a permit. He presented a petition from persons who do not mind the building being in the yard. He stated only one person has complained about the building. He stated the building is steel and was built by Morgan Buildings. Chairman Duer asked when the building was placed on the property. Mr. Voyles stated it was several months ago. Mr. Skinner asked if the building has electricity. Mr. Voyles stated no. He stated he intends to store his furniture in when he retires and leaves for a year. He stated he wou Id rent h is house. Mr. Christensen asked if Morgan Buildings recommended that the building be placed on a concrete slab. Mr. Voyles stated they put the building on concrete blocks. Mr. Ski n ner asked why Morgan B u i Id i ngs did not get a perm it. ZSA Minutes - Page 2 18 August 1994 Mr. Voyles stated they put the building up on a weekend, and he never came and got a permit. He stated they did not mention a permit. Mr. Skinner asked Mr. Voyles how much brick is on his house. Mr. Voyles stated about 90%. He stated no one can see the building. He stated he would build an 8-foot fence around his property to screen the building from the neighbors. Mr. Skinner asked if there was another building on the property. Mr. Voyles stated yes, a 10 x 8 building. Mr. Skinner asked if the building is set back off the property lines far enough. Mr. Voyles stated the building is 10-feet from two fences, and 1S-feet from another. Chairman Duer asked how much it would cost to brick the structure. Mr. Voyles stated $10,000. Mr. Schopper asked how much the building cost originally. Mr. Voyles stated $8,000. Chairman Duer asked how long the other building has been on the property. Mr. Voyles stated about 12 years. Mr. Skinner asked if there are any other buildings that size in the area. Mr. Voyles stated no. He stated there is a garage on the lot behind him. Mr. Christensen asked if that building was brick. Mr. Voyles stated yes. He stated there not storage buildings. Mr. Cypert asked if Mr. Voyles was receptive of constructing an 8-foot screening fence around the property. Mr. Voyles stated yes. Mr. Christensen asked what the allowed maximum size of portable accessory buildings on a lot is. Mr. Husband stated two buildings maximum, at 200 square feet each. Chairman Duer asked if the size was related to the size of the lot. Mr. Husband stated for permanent type buildings, the maximum size is 30-percent of the required rear yard open space. Mr. Cypert what the maximum size of a permanent building allowed on this lot is. Mr. Husband stated S62.S0 square feet. Mr. Christensen asked if there is a requirement for foundation type. ZSA Minutes - Page 3 18 August 1994 Mr. Husband stated no. Mr. Park Hammons, 4821 Grove Street, came forward to speak. He stated he entered the complaint on this building. He stated the building is constructed of vinyl. He stated the building is an eyesore. Mr. Hammons stated his opposition to the request. Chairman Duer asked if the Board approved this request with the requirement of an 8-foot stockade fence, wou Id that satisfy h is concerns. Mr. Hammons stated maybe. Chairman Duer asked if any correspondence was received in regards to this request. Mr. Husband stated only from Mr. Hammons. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner stated a metal building that size does not fit in with the spirit of the ordinance. He stated the Board has not approved a similar request for a building this large. Mr. Cypert stated the visual effect of the bu i Id i ng is h is greatest concern. He asked what the height of the building is. Mr. Voyles stated about 12-feet. Mr. Christensen stated there are two buildings already on this property. He stated his concern about any future buildings on the property. Mr. Husband stated this lot could not have any additional accessory buildings. Mr. Cypert made the motion to approve BA 94-19 subject to an 8-foot stockade fence being built on all three sides of the rear yard. The motion was seconded by Chairman Duer. The motion failed 2-3, with Mr. Cypert and Chairman Duer voting for, and Mr. Schopper, Mr. Christensen, and Mr. Skinner voting against. Chairman Duer stated a denial by this Board can only be pursued through State District Court. 2. BA 94-22 Request of Lester Schimmel for a variance from the Zoning Ordinance No. 1874 on Lot 11 R2, Block 27, Holiday West Addition, to vary from the rear yard open space requirement and to allow the house to encroach the rear bu i Id i ng line by two feet. Th is property is located at S642 Cancun Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Lester Schimmel, 177 Shady Lake Drive, Hurst, came forward to speak. He stated he recently purchased the lot. He stated he discussed the potential problems with this lot with Mr. Husband. He stated there are duplexes and single family homes on this side of the street. Mr. Schimmel stated the lot is bounded by an existing duplex on the north and a single family house on the south. He stated the owners of these lots are present. He stated in order to construct a zero lot line, he would have to lay the foundation on the north property line. He stated an existing concrete slab is located on the property that would have served a duplex. Mr. Skinner asked how far the slab encroached his property. ZSA Minutes - Page 4 18 August 1994 Mr. Schimmel stated 9-feet 7-inches. He stated if the driveway is removed, the duplex owner will not have access to her side-entry garage. He stated there is also about $4,000 worth of fencing and shrubbery located along the north property line. He stated that would have to be removed in order to lay a foundation for a zero lot line home. Mr. Schimmel stated he has developed a potential solution for this problem. He presented a plot plan of the property. He stated he is proposing a 4-foot maintenance easement on the north side and keeping the existing slab. He stated to do this, the house must be built deeper into the lot. Mr. Schimmel stated the proposed house is 1S-feet from the rear property line, not including the covered patio. He stated the amount of rear yard provided with this plan is 13 %, rather than the 20% required. Mr. Christensen asked if Mr. Schimmel has plans to enclose the covered patio. Mr. Schimmel stated not at this time. He stated the house is approximately 1,600 square feet. He stated if he needs additional space, he would go up over the garage. Ms. Moray Martin, S644 Cancun Drive, came forward to speak. She stated she is the owner of the duplex. She stated that Mr. Schimmel has worked very closely with her to protect her property. She stated her support for the request. Ms. Marie Weyerhaeuser, S640 Cancun Drive, came forward to speak. She stated her support for the request. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Christensen stated his concern over the patio being enclosed. Mr. Christensen made the motion to approve BA 94-22 subject to no permanent enclosed structure being built closer than 1S-feet to the rear property line. The motion was seconded by Chairman Duer. The motion carried s-o. 3. BA 94-23 Request of Janet Golightly for a variance from the Zoning Ordinance No. 1874 on Lot 1, Block 1, Holiday North Addition, to allow an addition to the building to encroach the rear building line and to vary from the masonry requirement. This property is located at S50S Davis Boulevard. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Janet Golightly, 7000 Lowery Lane, came forward to speak. She stated she would like to add a dining area for a tea room to the rear of the building. She stated the addition would encroach the rear building line by 3.S-feet. She stated she needs the width to provide sufficient seating for the dining area. Ms. Golightly stated the edge of the building would be 11.S feet from the rear property line. Mr. Skinner asked what was behind the building. Ms. Gol ightly stated duplexes. Mr. Husband stated there is an ingress/egress easement on the south side of the property. He stated the encroachment will not block any type of access easement. Mr. Skinner asked if the addition was single-story or two-story. Ms. Golightly stated single-story. Chairman Duer asked what type of facade is proposed. ZSA Minutes - Page 5 18 August 1994 CITIZEN COMMENTS ADJOURNMENT Ms. Gol ightly stated it wi II be mostly wi ndows. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Schopper made the motion to approve BA 94-23 as requested. The motion was seconded by Mr. Christensen. The motion carried s-o. None. There being no further business, the meeting was adjourned. LJ_ _7 . '- -"-. .,,----~,/ Dr. Tom dGer, Chairman