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HomeMy WebLinkAboutZBA 1993-03-18 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND H·ILLS, TEXAS March 18, 1993 - 7:30 p.m. CALL TO ORDER . ROLL CALL CONSIDERATION OF MINUTES OF FEBRUARY 18, 1993 1. SA 9~-16 The meeting was called to order at 7:30 p~m.· by Chairman Tom Duer. PRESENT Chairman Members Tom Duer Steve Ingham Robert Skinner Billy Cypert Barry LeBaron Jim Kemp Jeff Bunting Mark Barfield Dir. Plan/Insp. ABSENT Mr. Ingham . made the motion to approve the minutes. The motion was seconded by Mr. Skinner, and the motion carried 3-0, with Mr. Cypert abstaining due to absence at the previous meeting. Chairman Duer stated that for a request .to be approved by the Board of Adjustment, State statutes require four affirmative votes. 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. Chairman Duer opened the Public Hearing and caned for those wishing to speak to come forward at this time. Mr. Charles Hodges, 13642 Omega Drive, Dallas, came forward to speak. He stated he was representing Pace. He stated supplemental landscape around the existing vegetation is a more approþriate solution to the issue. Chairman Duer asked what type of vegetation they were considering. Mr. Hodges stated it would take about twenty-five five-gallon fotinias at about 4 to 5 feet in height. He stated they would cluster the bushes in the empty spots. Mr. Skinner asked if they were planning to leave the scrub trees along the fence. Mr. Hodges stated yes. Mr. Skinner asked if the area was irrigated. Mr. Hodges stated yes. Chairman Duer asked if they were talking about the north and east sides. Mr. Hodges stated yes. · ZSA Minutes - Page 2 18 March 1993 Chairman Duer stated the Board's concern was tearing out a lot of vegetation to put up a fence. Mr. Skinner asked if there was a time schedule. Mr. Hodges they could be ready to plant within thirty days. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner made t~ motion to approve SA 92-16, subject to the stipulation that the planting be completed within thirty days of March 18, 1993. - The motion was seconded by Mr. Ingham, and the motion carried 4-0. ' 2. BA 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 encroaçh 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, representing the owners, came forward to speak. She stated she is a Realtor with Henry S. Miller. She presented forms signed by the City and by the utility companies acknowledging they have no problems with the encroachment. She stated the mortgage company would also make the loan on.the property. Mr. Skinner asked for some history about Mr. Howell and the building. Ms. Estill stated the building has been there about two years. She stated she does not know why a permit was never obtained when the building was built. Chairman Duer asked if there was electric service to the building. Ms. Estill stated yes. She stated it was constructed for a boat. Chairman Duer asked if there was any record of building permits issued for that building. Mr. LeBaron stated there was no record of any permits for that building at that address. Ms. Estill stated she has seen an old survey that showed only the driveway on the property. There being no one else wishing to speak in favor of the request, Chairman Duef called for those wishing to speak against the request to come forward at this time. Chairman Duer asked that, in the interest of time, the speakers be brief and try not to repeat each other. ZBA Minutes - Page 3 18 March 1993 Mr. Kevin Shaver, 5716 Bermuda Drive, came forward to speak. He stated that if anyone else built a building at that comer of the fences on another lot, the utility companies would not have enough room for access into those properties. He stated his concern about the construction of the building since it has never been inspected. He stated it would be more attractive if it were brick. Chairman Duer stated that the Board1s concern is the building line encroachment and the masonry issue. He stated the permit issue is not the main issue. Mr. D.R. Johnson, 3416 Jonette Drive, Ft. Worth, C8lJ)e forward to speak. He stated they are asking the Board to consider the rules and regulations of the City. He stated the home-owners are seeking a good quality of life. Chairman Duer asked what his direct concern regarding this property was. Mr. Johnson stated they are hear in opposition to the building. He stated that the utility companies had no recollection of ever dealing with this issue. Chairman Duer stated that the utiJity companies. are acknowledging that the encroachment does not present a problem to them at this time. Mr. Johnson stated the Board should consider the three problems and act accordingly. Mr. Marvin Williams, 7108 Bahama Court, came forward to speak. He stated he can see the building from his back yard. He stated he could not believe that the owner did not know they were supposed to get a permit. He stated the building is not unsightly. He stated this type of activity must stop somewhere. Mr. Skinner asked if he received a letter from the City ,about this hearing. Mr. Williams stated yes. Mr. Cypert stated that each case is looked at independently and does not set a precedent for future cases. He stated the Board looks at many things regarding each case such as hardship, effect on other propertYJ and the harmony of the ordinance. Mr. Mike Keesling, 7109 Bermuda Court, came forward to speak. He stated the concrete drive was poured before the foundation to the building. He stated the building was not of good construction. Hestated they cannot brick the building because the back of it sits on the building line. He stated the roof overhangs the fence into his back yard. Chairman Duer askéd how long ago all t~is took place. Mr. Keesling stated about two years ago. Ms. Estill came forward again. She stated the current survey does not show the building to be over the property line. She stated it does not show the fence to be over the building line. Ms. Estill stated Mr. ZBA Minutes - Page 4 . 18 March 1993 Johnson's name is not on the list he presented last month, nor is the letter signed by him. Chairman Duer stated the Board has the tendency to weigh someone who shows up at the meeting a little more than someone just signing a petition or letter. He asked Mr. Johnson who the person living in the house right now was. Mr. Johnson he has recently purchased the house. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer asked if Ms. Estill had mentioned to the property owner the possibility of reducing the size of the building. Ms. Estill stated the owners are witling to do whatever is necessary. She stated they will still ask for a variance from the masonry requirement. Mr. Ingham asked what the status of the contract on the house was. Ms. Estill stated the lender was willing to make the loan. She stated the prospective buyer felt that the neighborhood had taken such a strong opposing position on the issues, he did not want to be a part of that neighborhood and withdrew the contract. She stated the porch on the house Mr. Johnson bought was enclosed without a permit. Chairman DU9r stated that the decision before this Board tonight was not whether anyone obtained a permit, but whether or not to grant this variance based on the information before the Board. Ms. Estill stated she has a copy of an inspection report on the property. Chairman Duer asked if an electrical contractor inspected the garage. Ms. Estill stated the report shows no problem with the electrical facilities in the garage. Chairman Duer stated this board cannot grant variances to the electric code. Mr. Cypert stated his concern about the ability to maintain the building or fence because the building is right on the property line. Chairman Duer asked how many storage buildings could be placed on the property. Mr. LeBaron stated two. Mr. Ingham stated this situation would be different if the building were being proposed rather than existing. He stated the is some concern about the soundness of the construction of the building. Chairman Duer stated it is hard to oppose something you cannot see. He stated a lot of problems can come up if the building is not built up to code. ZBA Minutes - Page 5 18 March 1993 Mr. Ingham made t·he motion to deny SA 93-03. The motion was seconded by Mr. Cypert, and the motion carried 4-0. 3. SA 93-06 Request of Jim Trusty for a variance from the Zoning Ordinance No. 1080 on Lot 1, Block D, Richland Oaks Addition, to vary from the masonry requirement and to allow the garage to encroach the rear building line. This property is located at 4801 Strummer Drive. Chairman Duer opened the public hearing and called for those wishing to speak to còme forward at this time. Mr. Jim Trusty, 4801 Strummer Drive, came forward to speak. He stated that he did have a drive approach on Bedford-Euless Road. He stated since the City is widening the road, the drive approach is being eliminated, rendering the garage unusable. He stated he thought they could use the existing garage by curving a driveway off of Strummer, but that would be to close to the street. Mr. Trusty stated the most practical thing to do would be to extend the garage towards Bedford-Euless Road. He stated he will use the same wood siding as on the existing garage. Chairman Duer asked if a circular drive would be dangerous backing onto Strummer. Mr. Trusty stated yes. Chairman Duer asked if he was going to fence in the southern property line. Mr. Trusty stated·yes. Mr. Skinner asked if that property was going to be bought by the City because of the expansion. Mr. Trusty stated the City bought about twelve feet of the property and graciously paid for the driveway. Chairman Duer asked if that house was ever considered to be condemned by the City. Mr. Trusty stated yes, but he would rat,her give them the necessary right- of-way than sell the house. Chairman Duer asked if he would have any garage sales at that house.. Mr. Trusty stated no. Mr. Skinner asked how far he wants to extend the garage. Mr. Trusty stated about 22 feet. Mr. Skinner asked if the forms were already set to stay with the five feet from the back. ' Mr. Trusty stated yes. Chairman Duer asked if he would be getting near the side building line at all. ZBA Minutes - Page 6 18 March 1993 . Mr. Trusty stated no. Mr. Skinner stated the expansion is 504 square feet. He asked where Mr. Trusty would be moving the shed. Mr. Trusty stated he would move it to the north side of the property or eliminating it completely. Chairman Duer asked if any of this would have happened if the City had not decided to widen Bedford-Euless Road. Mr. Trusty stàted that was a big factor. Chairman Duer asked when the house was built. Mr. Trusty stated 1962. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Ingham stated this is definitely a hardship case. Mr. Ingham made the motion to approve SA 93-06 as presented, and to move the portable building as necessary. The motion was seconded by Mr. Cypert, and the motion carried 4-0. 4. SA 93-07 Request of Michael S. Grant for a variance from the Zoning Ordinance No. 1080 on Lot 1, Edgley Addition, to allow the building to encroach the side building line. This property is located at the northeast corner of Glenview Drive and Willman Avenue. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Michael S. Grant, 6333 Skylark Circle, came forward to speak. He stated the building has been at that site fo~ about 35 years, and that he has owned it since 1980. He stated the title survey showed the building to be 14-feet over the side building line on Willman. He stated he could not get any permits for the future owner to do interior work with the encroachment. Mr. Grant stated he is seeking a variance in order to get clear title on the building. Chairman Duer asked if the structure. was masonry. Mr. Grant stated yes. Mr. Ingham asked if any part of the building was an add-on or extension. Mr. Grant stated no, that it was designed to look like that. He stated there is one slab and one roof for the entire structure. Chairman Duer asked why the building was not addressed on Glenview. Mr. Grant stated that the original owner owned several lots facing Glenview. ZBA Minutes - Page 7 18 March 1993 Mr. LeBaron stated that on some corner lots, building lines are added in such a way that either one could be a front or a side building line. He stated the large setback is needed in order for all the buildings on each streét to t)ave the same setback. He stated that practice is not as prevalent today with the high cost of land. Chairman Duer asked how far the building was from Glenview Drive. Mr. Grant stated he was not sure because he sold some right-of-way when Glenview was widened. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner stated the 1980 survey shows the encroachment. Mr. Cypert made the motion to approve BA 93-07 as presented. The motion was seconded by Mr. Ingham, and the motion carried 4-0. 5. SA 93-08 Request of Stephen M. Lyon for a variance from the Zoning Ordinance. No. 1808 on Lot 6, Block 1, Northpark Plaza Addition, to vary from the maximum sign area requirement. This property is located at 6324 Rufe Snow Drive. . Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Stephen Lyon, 1011 Johnson Street, Benbrook, came forward to speak. He· stated they plan on adding a reader board to the sign in an attempt to increase the sales volume. He stated the restaurant is at a break-even point. He stated the existing sign could handle the additional weight of the sign. Chairman Duer stated that Burger Street and Burger King have a reader board. He asked why this case was different. Mr. Tommy Ruderer, Amtech Lighting, came forward to speak. He stated the property has about 95 feet of frontage on Rufe Snow. He stated the city ordinances allow only one square foot of signage for every one foot of frontage. He stated their current sign is 84 square feet. He stated the addition of the reader board would increase it to 116 square feet. Mr. Ruderer stated there is also a drive-thru sign on the pole.. He stated since the sign . square footage was too large, the permit application was turned down. He stated that is why they are coming before the Board. Mr. Lyon stated that the drive-thru sign would come down with the addition of the reader board. Chairman Duer asked if a 95-foot wide lot was narrow compared to most other Popeya's restaurants. Mr. Lyon stated that location was a remodeled Church's Fried Chicken, which are usually smaller than a typical Popeyels. He stated they don' want to use a temporary sign because they are unattractive.. He stated they do not put out any banners or flags. ZBA Minutes - Page 8 18 March 1993 Mr. Ruderer stated the sign has been designed by an engineer. Mr. Skinner asked where the drive-thru sign would go if it were taken down. Mr. Lyon stated it will go on top of the reader board. Mr. Ruderer stated they have submitted a new drawing to the building permit office. Mr. Ingham asked how high off the ground is the bottom of the reader board. Mr. Ruderer stated about 14 feet to the bottom of the sign. He stated the city has an eight foot minimum height. Mr. Skinner asked what the color scheme was. Mr. Lyon stated red and blue to match the existing building. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner stated they are going from 94 to 116 square feet. Mr. Cypert made the motion to approve SA 93-07 as presented. The motion was seconded by Mr. Ingham. Mr. Skinner offered an amendment to the motion to stipulate that the maximum square footage of the sign be 116 square feet. Mr. Cypert accepted the amendment to the motion. The amended motion was seconded by Mr. Ingham, and the motion carried 4-0. CITIZEN COMMENTS Mr. Skinner stated that the owner of the garage on Bermuda Court has three options: he can remove the building completely, he can reduce the size of the building, or he can move the building forward and brick it. Chairman Duer stated that the people cannot oppose the fact that the building is there if it is brought up to code. ADJOURNMENT There being no further business, the meeting was adjourned. 7 ....-- /J---- Dr . Tom Duer, Chairman