Loading...
HomeMy WebLinkAboutZBA 1993-02-25 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS February 25, 1993 - 7:30 p.m. CALL TO ORDER The meeting was called to order at 7:23 p.m. by Chairman Tom Duer. ROLL CALL PRESENT Chairman Members Tom Duer Jeff Bunting Steve Ingham Robert Skinner Mark Barfield Barry LeBaron Steve Pence Clayton Husband Jim Kemp Bill Cypert Dir. Plan/Insp. Building Official PZ Coordinator ABSENT CONSIDERATION OF MINUTES OF JANUARY 21, 1993 Mr. Skinner made the motion to approve the minutes. The motion was seconded by Mr. Bunting, and the motion carried 3-0, with Mr. Ingham and Mr. Barfield abstaining due to absence at the previous meeting. Chairman Duer sta~ed that for a request to be approved, State statutes require four affirmative votes. 1. SA 92-16 Request for Rehearing by Pace Membership Warehouse to vary from the Zoning Ordinance No. 1080 on Lot 2R, Block A, Richland Oaks Addition, to vary from the screening fence requirement around Lot 4. This property is located at 8651 Airport Freeway. Mr. Ingham made to the motion to postpone SA 92-16 until next month since no one was here from Pace. The motion was seconded by Mr. Barfield, and the motion carried 5-0. 2. SA 93-01 Request of Joy K. Barker for a variance from the Zoning Ordinance No. 1080 on Lot 7, Block 21, College Hill Addition, to allow the house to be built across the front building line. This property is located at 7305 Whitfield Court. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Ben Barker, 3825 Diamond Loch East, came forward to speak. He stated the property has been up for sale for about eight years, and buyers have turned it down because of. the forty-foot building line. He stated they have a contract with a buyer, with a condition that the front building line be twenty-five feet. He stated that a 25-foot building line would leave 57 feet across the lot from property line to property line. Mr. Barker stated that the buyer told him if the 25-foot building line was not approved, he did not want the property. Chairman Duer asked what the side building lines were on this property. Mr. LeBaron stated they are six foot on each side. ZSA Minutes - Page 2 25 February 1993 Chairman Duer asked if it were feasible to build a house forty-five feet wide. Mr. Pence stated that there are duplexes on Cancun Drive that are forty- five feet wide. There being no one else wishing to speak, Chairman Duer closed the public hearing. Mr. Bunting stated that this is definitely a hardship. Mr. Skinner stated that this is the only lot left in the area that is still vacant. Chairman Duer stated the lot is too narrow, especially when an 1800 square foot home is required. Mr. Barfield made the motion to approve SA 93-01. The motion was seconded by Mr. Skinner, and the motion carried 5-0. 3. SA 93-02 Request of Steve Bontrager for enlargement of a non-conforming structure on Lots 1 and 2, Block 1, J.L. Autrey Addition, and for variances· from the masonry requirement, the parking lot 'paving requirement, and side building line encroachment. This property is located at 4037 Jackie Lee Street. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Steve Bontrager, 817 Nelson Terrace,. Bedford, came forward to speak. He stated he was the pastor at the church. He presented photographs of the church to the Board. Mr. Bontrager asked if he could have a copy of the Board1s cover sheet concerning this case. He stated they are wanting to add a 20 by 30 Sunday school room onto an existing frame building. He stated all the homes on the street are either frame or have siding. He stated the only masonry building on the street was the sanctuary. He stated the parking area is gravel. He stated they are leasing a portion of the parking area, and do not have the option to pave it. Mr. Bontrager stated that there are only two or three paved driveways on the street. He stated that tractor trailers have parked on the lot without any problems. He stated he did not ask for the side building line encroachment variance. Mr. Pence stated that the issue is the building itself is non-conforming, and you cannot add to a non-conforming structure. Chairman Duer stated that when you add onto a non-conforming structure, it must be brought up to code first. He stated you would have to come before the Board of Adjustment to be allowed to nqt bring the structure up to code. Mr. Bontrager stated the new addition would not encroach the side building line. He stated this is the.only addition they intend to build. He stated the addition would give the church the same amount of Sunday school space as they have sanctuary space. He stated their intentions are to relocate in the future to a larger facility. ZBA Minutes - Page 3 25 February 1993 Mr. Skinner asked how many square feet would be in the new expansion. Mr. Bontrager stated 600 square feet. Mr. Bunting asked if the addition is made, will there be enough parking. Mr. Bontrager stated they have room to spare on the pårking. Mr. Pence stated the requirement is one space for every three seats in the sanctuary. Chairman Duer asked if they have had any complaints from the neighborhood about parking. Mr. Bontrager stated no. Mr. Ingham asked when the church purchased the property. Mr. Bontrager stated the church was bought 1984 by the Foursquare denomination. He stated the church was built in the 1950·s. He stated they are required by the denomination to have fire alarms. There being no one else wishing to speak, Chairman Duer closed the public hearing. Mr. Barfield asked if they grant these variances, do they run with the property forever. Mr. LeBaron stated yes. Chairman Duer stated if the Board grants what they are asking for tonight, they will have to come back before the Board if they want to do more. Mr. Barfield stated that if they approve this, whoever buys it must come back before the Board to do anything with the property. He asked why the Planning and Zoning Commission did not replat these lots. Mr. LeBaron stated this is a non-conforming structure located on two lots. He stated they would normally make them replat into one lot, unless the Board approves their plan to expand the non-conformity. Mr. Skinner asked if that automatically replatted those lots into one lot. Chairman Duer stated they cannot replat the property. He stated they can approve this request to allow the~ to keep the structures on one lot.' Mr. Barfield asked how this would affect the sale of the property. Chairman Duer stated that someone would have to replat the lots eventually. He stated all the applicant wants to do is add 600 square feet of space. Mr. LeBaron stated it would all depend on the opinion of a title lawyer and how he would view the actions of this Board. He stated churches do ZBA Minutes - Page 4 25 February 1993 not usually go through the same financing process as homeowners. He stated that the Board could require that if any more additions are made, that the property be replatted. Chairman Duer stated they must tie it to the 600 square foot addition. Mr. Skinner stated they should consider each of the issues as a separate vote. Chairman Duer stated the real issue is whether the Board allows them to add onto the building, in spite of the fact that the other issues do not meet code. Mr. LeBaron stated that the masonry issue could have been a moot point if the church had petitioned for a zoning change to the Institutional district. He stated there is no masonry requirement in that district. Chairman Duer stated that there are no brick homes on the street. Mr. Ingham asked if church goers parked in the street on Sunday mornings. Mr. Bontrager stated no. Mr. Ingham asked how many members there were in the church. Mr. Bontrager stated the average attendance on Sunday is about 100 people. Mr. Bunting asked if they are parking on the Lone Star Gas lot. Mr. Bontrager stated yes. Chairman Duer asked if the Board is going to require the church to pave and stripe the parking lot and brick the building just to add the space to the building. ,Mr. Bunting stated he could agree to the addition, but he is concerned about the fire code. Mr. Barfield asked if a church could operate in this area without a paved parking lot. He asked if the City would require them to pave the parking lot. He stated they could grant a variance for a certain number of years. Chairman Duer stated that since they are building the addition well inside the side building line, they do not need to be concerned about that, other than stating that what is built can remain across the side building line. Mr. Barfield made the motion to approve SA 93-02 with the following stipulations: the variance for the gravel parking lot will expire in ten years. Mr. Ingham offered an amendment to the motion that before any other building permit requests are 'granted, the owner shall replat the property into one lot. ZBA Minutes - Page 5 25 February 1993 Mr. Barfield accepted the amendment to the motion. The amended motion was seconded by Mr. Skinner, and the motion carried 5...0. 4. SA 93-03 Request of Liz Estill for a variance from the Zoning Ordinance No. 1080 on Lot 21, Block 16, Holiday West Addition, to allow the frame garage to encroach the side and rear building lines, and to vary from the masonry requirement. This property is located at 7113 Bermuda Court. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Ms. Liz Estill, Henry S. Miller Realtors, came forward to speak. She stated three contracts have fallen through because of the garage. She stated the man built the garage to house a boat, and the garage extends into the easement by two feet. She stated there is a two-car garage on the house. Ms. Estill stated she was representing the owners who live in Florida. Chairman Duer asked when the frame garage was built. Ms. Estill stated about two years ago. Mr. Skinner asked if the two car garage was enclosed. Ms. Estill stated it is not enclosed. She stated the garage is accessible from Bermuda Drive. Chairman Duer asked if you could see the garage from the str~et. Ms. Estill stated yes, but you have to look for it. Mr. Leroy Johnson, Richland Hills, came forward to speak. He stated he has two properties affected by this request. He presented a letter to the Board. He stated seventeen people signed the letter. Chairman Duer read the letter into the record, which is marked in the case file as Exhibit A. Mr. Bunting asked what Mr. Johnson was objecting to. Mr. Johnson stated it is illegal. Chairman Duer stated the citizen has the right to build a building in the backyard, provided it meets certain requirements. He asked if the citizens are against the building or are they against the fact that the building is not up to code. Mr. Johnson stated they are going against the rules and regulations of the city. Chairman Duer asked if they brought the building up to code, would the residents be in favor of the building. Mr. Johnson stated yes. Mr. Skinner asked why they did not do this two years ago. ZBA Minutes - Page 6 25 February 1993 Mr. Johnson stated he just bought a house six weeks ago. Chairman Duer stated it is up to homeowners'te) notify the city if they think a building is being built without ~ permit or in violation of the codes. He stated the city does not have enough inspectors to catch everyone. Mr. Ingham asked if the house was vacant. Ms. Estill stated yes. Mr. Ingham asked how long they have been out of the house. Ms. Estill stated since last summer. Mr. Doug Hicks, 4126 Rufe Snow, came forward to speak in favor of the request. He stated he is the prospective buyer of the house. He stated the neighbor on Bermuda Court did not have any problem with the building. Chairman Duer asked if the variance was not granted, would he still be interested in the property. Mr. Bunting stated they really should not ask that type of question. Mr. Hicks stated he has little interest in the property without the building. Mr. Leroy Johnson came forward again. He stated the neighbor to the west was supposed to be here tonight to support what he was doing. Mr. Bunting asked if Mr. Johnson was notified by letter of this hearing. Mr. Johnson stated no. Mr. LeBaron stated the letters are sent to the property owners. Mr. Johnson stated the letter came to the person living in the house that he recently bought. Mr. Skinner asked if Mr. Johnson understood the purpose of the Board of Adjustment. Mr. Johnson stated no. Mr. Skinner stated the Board hears hardship cases. He stated that some people do things in the wrong, but that people like the real estate agent are trying to get things correct for the future property owners. Mr. Johnson asked if he were the property owner, what would he do. Mr. Skinner stated he would make sure that the people would come before this Board in order to make the structure legal. Mr. Johnson stated he feels the building is illegal. There being no one else wishing to speak, Chairman Duer closed the public hearing. ZBA Minutes - Page 7 25 February 1993 Mr. Barfield asked if the building were two hundred square feet or less, would it have to be bricked. Mr. LeBaron stated no. Mr. Barfield asked if it were in a different place, would it violate any -building lines. Mr. LeBaron stated no. Mr. Barfield ·stated he would be willing to grant a variance for the location, but he is unsure about the masonry requirement. He stated they must feel sensitive to the seventeen people who signed the letter. Mr. Bunting stated the people are not objecting to the sight of the building, only that it is unlawful. Mr. Barfield stated that the only reasonable objection is that it is not bricked . There was general discussion regarding the masonry requirement on accessory buildings. Mr. Skinner stated the buyer has the option of reducing the size of the building to avoid having to brick the building. Chairman Duer stated a similar situation came before the Board several years ago. Mr. Skinner stated the utility companies have approved the easement encroachment. Mr. Leroy Johnson came forward again. He asked if someone bought the property, could they put an engine rebuilding shop in the building. Chairman Duer stated no. Mr. Johnson asked if it did happen, how would the city know. Chairman Duer stated it is up to you as the homeowner to report that kind of activity. Mr. Skinner stated it would not be cost effective to brick the building. Chairman Duer stated if they approved the building line encroachments, the owner has three options: brick it, reduce the size, or tear it down. Mr. Pence stated the owner cannot brick the back of the building because it is on the property line. Mr. Ingham asked if they could postpone this case until next week and have city staff call these people to find out what they are really opposed to regarding the garage. Chairman Duer asked Ms. Estill if she would prefer a vote tonight or wait another month. ZBA Minutes - Page 8 25 February 1993 Ms. Estill stated she hates to see the Board get caught up .in something after the fact. Chairman Duer stated the structure has three things going against it. He stated they rarely approve masonry variances when the surrounding structures· are masonry. Ms. Estill stated she is concerned about making the sale of this property work. She stated she does not know if the buyer is willing to wait another month. Chairman Duer stated it does not look like the variances for the masonry requirement and side yard encroachment will pass the Board tonight. Mr. Skinner stated they could call the owner in Florida and get his opinion. Ms. Estill stated she would like to ask her client what he thinks. She' stated the title company will insure around it. Mr. Ingham stated his objection to the Board trying to negotiate a contract with a prospective buyer. He stated he wanted to postpone it to figure out what the neighbors really want. Ms. Estill stated if the Board needs more time, she is willing to go along with that. Mr. Skinner made the motion table BA 93-03 until the March meeting, and that the Chairman of the Board appoint a committee to do two things: speak to the seventeen people and find out what they want, and contact the owner in Florida and get his opinion. The motion was seconded by Mr. Ingham, and the motion carried 5-0. Chairman Duer appointed Mr. Skinner and Mr. Ingham to the committee. He stated this case will be reheard next month on March 18th. 5. SA 93-04 Request of First Church of Christ, Scientist, for a variance from the Zoning Ordinance No. 1080 on Lot 11 R-1, Block 29, Richland Terrace Addition, to vary from the sidewalk requirement. This property is located at 7318 Northeast Loop 820. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. . Mr. Carl Summers, architect for the church, came forward to speak. He stated he has visited the surrounding area and found that there are no sidewalks. He stated the church site has extensive interconnecting sidewalks on the site. He stated they feel they are meeting the sidewalk requirement evet:1 though the sidewalks are on the property. Mr. Summers stated they are planning almost 650 linear feet of sidewalk. There being no one else wishing to speak, Chairman Duer closed the public hearing. Mr. Ingham stated they should not be required to put in sidewalks when none exist in the surrounding néighborhood. ZBA Minutes - Page 9 25 February 1993 Mr. Ingham made the motion to approve BA 93-04. The motion was seconded by Mr. Bunting, and the motion carried 5-0. 6. SA 93-05 Request of Farmers Insurance Group for a variance from the Zoning Ordinance No. 1080 on Lot 17R, Block 20, Snow Heights Addition, to vary from the rear greenbelt requirement. This property is located at 6940 Northeast Loop 820. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Steve Campbell, 2902 Creekwood, Grapevine, came forward to speak. He stated he is the architect for the project. He stated he has been working on this project for about one year. He stated they just recently learned of the rear greenbelt requirement. Mr. Campbell stated staff suggested that a hearing before this Board was the best option to pursue. He stated there is a masonry wall being buitt along the rear of the property. He stated they are providing a substantial amount of landscaping along the front and sides. Chairman Duer asked what type of provisions are being made to keep cars from running into the fence. Mr. Campbell stated there is a curb in front of the masonry fence and along the east side. Mr. Skinner asked what the distance was between the masonry fence and the back of the property line. Mr. Campbell stated one foot. Mr. Skinner asked what type of fences the residents to the rear had. Mr. Campbell Lot 6 has two-thirds brick and one-third wood, Lot 5 has a wood fence, and Lot 4 has no fence at all. Chairman Duer asked what was to the west of this site. Mr. Campbell stated it is vacant. Mr. Skinner asked what the elevation is from the back of the property to the front. Mr. Campbell stated approximately 1-1/2 feet from back to front. He stated they are working with city staff maintain proper slope for the property to drain into the street. Mr. Skinner asked what the gap on the bottom of the masonry fence should be to allow for ~rainage. Mr. Pence stated there is typically not one, but when drainage is an issue, they will work with the architect to get an adequate amount of space for the water to come through the fence. There was general discussion regarding the fences along the back of the property. ZBA Minutes - Page 10 25 February 1993 Chairman Duer asked if they were going to keep the same topography on the lot. Mr. Campbell stated they will have to negotiate that with city staff. .He stated they are having discussions with staff regarding the drainage on the property. Chairman Duer asked if they elevate the south property line and put up a brick fence, would it cause water to pool on the property. Mr. Campbell stated it should not because it would move across the lots and down the street. Chairman Duer stated they are just trying to prevent water from standing in the residents back yards. Mr. Barfield asked if that would be a problem with the greenbelt in place. Chairman Duer stated that if the greenbett were there and elevated, then the same problem would exist. He stated the fence has to be put there. Mr. Kasukonis, 7013 Corona, came forward to speak. He asked where this property was located. Chairman Duer stated it was next to the tall white building. Mr. Kasukonis asked if the fence would only be partially built across the back of his property. Chairman Duer stated it would probably stop about twenty feet into your lot, until someone builds on the lot directly behind you. Mr. Kasukonis asked what type of fence it would be. Mr. Skinner stated it would be a brick fence. Chairman Duer stated it would be a brick fence. He stated the zoning ordinance requires a brick fence between residential and commercial property. Mr. Pence stated that was one of the stipulations put on the zoning by the City Council. There being no one else wishing to speak, Chairman Duer closed the public hearing. Mr. Barfield stated the only real objectionable issue would be the drainage. Mr. Barfield made the motion to approve SA 93-05. The motion was seconded by Mr. Ingham, and the motion carried 5-0. ZBA Minutes - Page 11 25 February 1993 7. Election of Officers for 1993 The following officers were unanimously elected by the members of the Zoning Board of Adjustment: Chairman Vice-Chair Tom Duer Robert Skinner The Board appointed Clayton Husband as Recording Secretary. ADJOURNMENT There being no further business, the meeting was adjourned. ;7.., ~ Tom Duer, Chairman ,..