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HomeMy WebLinkAboutZBA 2007-06-28 MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS June 28, 2007 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:00 p.m. ROLL CALL Present Chairman Tom Duer Bill Gibbs Jerry Henry Fonda Kunkel Jim Kemp Alternate Sixto Rodriguez III Absent Leslie Jauregui City Staff Dir. Of Planning & Development John Pitstick Recording Secretary Gina Harper 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM April 26, 2007 ZONING BOARD OF ADJUSTMENT MEETING. APPR(~VFI~ Jim Kemp, seconded by Bill Gibbs, motioned to approve the minutes from April 26, 2007. The motion carried unanimously (6-0). Leslie Jauregui was absent. Page 1 of 4 06/28/07 ZBA Minutes 5. ADOPTION OF REVISED BOARD OF ADJUSTMENT RULES OF PROCEDURE John Pitstick said that this was being brought back since the Adoption of the Board of Adjustment Rules of Procedure at the last ZBA meeting April 26, 2007. The city attorney had reviewed and recommended that section 6-11 through 6-15 be eliminated. The sections being eliminated are in regards to the reconsideration of votes. These changes allow the City Attorney's office to effectively support the City and the ZBA board on zoning issues. This will allow the board to make final determinations in zoning issues. Staff recommends that sections 6-11 through 6-15 be eliminated and adopt new revised rules of procedure. APPROVED Jerry Henry seconded by Jim Kemp motioned to adopt the Revised Board of Adjustment Rules of Procedure. The motion carried unanimously (6-0) Leslie Jauregui was absent. CHAIRMAN TOM DUER EXPLAINED THE VOTING REQUIREMENTS OF THE ZONING BOARD OF ADJUSTMENT. ANY REQUEST THAT GOES BEFORE THIS BOARD MUST RECEIVE A SUPER MAJORITY (75%). This board is a 5 MEMBER VOTING BOARD. FOR ANY VARIANCE TO PASS IT MUST RECEIVE 4 AFFIRMATIVE VOTES. 6. BA 2007-04 A PUBLIC HEARING TO CONSIDER A REQUEST BY KIM ESTILL FOR A VARIANCE TO LOCATE A WROUGHT IRON FENCE MORE THAN 4 FEET TALL AT THE FRONT PROPERTY LINE. THE PROPERY OF INTEREST IS LOCATED AT 8040 GREEN VALLEY DRIVE. Chairman Duer opened the public hearing at 7:04 p.m. The applicants are Eric & Kim Estill, 8040 Green Valley Drive, North Richland Hills, TX 76180. Mrs. Estill came forward to speak in favor of their request. She was sworn in by Chairman Duer. Mrs. Estill said they have already set 5 foot wrought iron fence posts across the front and down the side of the property. They were not aware that there was a problem until they were contacted by the city that a mistake had been made in issuing the permit. They are wanting the 5 foot wrought iron fence for the curb appeal that it would bring to the front as well as the security it would add to the front of the property. In the event that car should happen to come through the stop sign on Ember Oaks, they would feel safer with the additional security the fence would give them across the front. The other Page 2 of 4 06/28/07 ZBA Minutes reason is that they have a drainage swell that was constructed to accommodate the city's request and if they pushed the fence back on the building line then it would be uneven and unattractive. They are hoping that the board agrees that what they are trying to do will improve the neighborhood. They didn't think that the fence would be a problem with consideration to the other non-conforming fences in the neighborhood. There is an aluminum metal fence going down the side of property to the right so they thought that they were trying to improve it and make it nice. She said that she is most concerned about the security and the appearance from the street. Mrs. Estill brought pictures and the drainage for the board to review if needed. Chairman Duer asked if the fence would have an electrical gate across the driveway? Mrs. Estill said yes, they want to be able to pull in to the driveway and close the gate. They have 3 small boys and a German Shepherd. Chairman Duer asked if there were any questions from the board. Jerry Henry asked if the fence would be all wrought iron? Mrs. Estill said yes, and it would also have brick columns and the electronic gate. Mr. Estill states that there will be a brick column at each end and columns next to where the gate will be placed. He said that there will be 7 columns total. Chairman Duer asked if there was anyone else wishing to speak in favor or against BP2007-04. Chairman Duer asked if we had received any correspondence in favor or against of BP2007-04. John Pitstick said that we did receive 2 letters from the neighborhood from the notices that were sent out. Don Mimms, 7936 Green Valley Drive, they state they do not have any objections to a wrought iron fence over 4 ft tall being built at this location. Robert and Erna Erbeck, 7800 Ember Oaks and they are also in favor of the request. Chairman Duer closed the public hearing at 7:09 p.m. Chairman Duer opened up for discussion for the board. Jerry Henry asked what they are being asked to deal with. He said that it appears that it is only the variance from 4 to 5 feet, but then there is also mention of where it is located on the property line. He just wants to make sure that they are dealing with all of the issues. Page 3 of 4 06/28/07 ZBA Minutes John Pitstick said that any fencing that is put in front of the front building line is required to be 4 foot tall. Behind the front building line a fence is allowed to be 6 to 8 feet. Jerry Henry asked if they were just dealing with the request to take the fence from 4 to 5 feet in front of the front building line? John Pitstick said yes. APPROVED Jim Kemp, seconded by Jerry Henry motioned to approve BA 2007-04 to allow the variance to locate a wrought iron fence more than 4 feet tall at the front property line. The motion was carried unanimously (6-0). Leslie Jauregui was absent. ADJOURNMENT There being no other business, the chairman adjourned the meeting at 7:10 p.m. Chairman ~~ ~~ Tom Duer Page 4 of 4 06/28/07 ZBA Minutes