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HomeMy WebLinkAboutZBA 1993-04-29 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS April 29, 1993 - 7:30 p.m. CALL TO ORDER ROLL CALL The meeting was called to order at 7:30 p.m. by Chairman Tom Duer. PRESENT Chairman Members Tom Duer Robert Skinner Billy Cypert Mark Barfield Perry Christensen Bill Schopper Barry LeBaron Steve Pence Clayton Husband Jim Kemp Jeff Bunting Steve Ingham Dir. Plan/Insp. Building Official PZ Coordinator ABSENT OATH OF OFFICE Mr. Bill Schopper and Mr. Perry Christensen took the oath of office and were swom in as members of the Zoning Board of Adjustment of the City of North Rìchland Hills, Texas. Chairman Duer explained that for a variance request to be approved, it must receive four affirmative votes from the five members of the Board. CONSID.ERA TION OF MINUTES OF MARCH 18, 1993 Mr. Cypert made the motion to approve the minutes. The motion was seconded by Mr. Skinner, and the motion carried 3-0, with Mr. Barfield, Mr. Christensen, and Mr. Schopper abstaining due to absence at the previous meeting. 1. SA 93-10 Request of HCA Richland Hospital for a variance from the Zoning Ordinance No. 1874 on Lot 6, Block A, Calloway Farm Addition, to allow the building to encroach the side building line, and to allow the sign to encroach the street right-of-way. This property is located at 7501 Glenview Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Randall Schmidt, attorney representing HCA Richland Hospital, came forward to speak. He stated HCA is divesting itself of all psychiatric hospitals in Texas, and this hospital is being sold. He stated the matter before the Board came up during a survey of the property. He stated the hospital was set back 25 feet from Glenview Drive àt the time of platting. He stated the encroachment was caused by the dedication of right-of-way for Glenview Drive. He stated the hospital is requesting a variance to allow these encroachments. Mr. Skinner stated he was concerned about the sign. He asked if it was there before the right-of-way was dedicated. ZBA Minutes .. Page 2 29 April 1993 Mr. Schmidt stated it was his understanding that a sign was there, but he does not know if it was exactly that sign. Mr. Skinner stated his main concern was the line of sight. He asked what the opinion of the seller was about raising the sign to allow for a line of sight. Mr. Schmidt stated any requirement to raise the sign would fall on the purchaser. He stated he can let the purchaser know the desires of the Board regarding the sign. Mr. Skinner asked when the sale would be completed. Mr. Schmidt stated that the closing on the property is imminent. Chairman Duer asked if they could approve the building variance but not the sign variance. He asked what the status of the sign was relative to code. Mr. Pence stated the sign is a legal nonconforming structure. He stated if the owner moves the sign, the sign would have to come into compliance. Mr. LeBaron stated since there was no permit applied for in this case, it would be up to the hospital to determine how to handle the situation if the sign request was turned down. He stated they are here for their own purposes. He stated it probably would not give the City the authority to require that the sign be removed. Mr. Schmidt stated they did not receive any citation for being out of compliance. He stated if the owner wishes to construct a new sign, they should be fully aware of the requirements. Mr. Skinner asked how he intends to make the purchaser aware of the Board's concerns about the sign. Mr. Schmidt stated with a letter. There being no one else wishing to speak, Chairman DU9r closed the Public Hearing. . Mr. Barfield stated the sign could remain there unless there is some time limit. Mr. Skinner stated if the- variance is granted, the sign can remain until it is moved or structurally altered. Mr. Barfield asked if they could change the face on the sign without moving it. Mr. Pence stated yes. Mr. Skinner stated his main ,concern was the line of sight regarding that sign. Chairman Duer asked if the variance would go away if the ownership changed. ZBA Minutes - Page 3 29 April 1993 Mr. LeBaron stated that the variance would run with the property. He stated if the Board is concerned about the sign, they should make their motion clear enough to state that it applies only to the current sign and not to any future signs. Mr. Skinner made the motion to approve SA 93-10, and that the Board is dissatisfied about the line of sight visibility regarding the current sign. The motion was seconded by Mr. Cypert,' and the motion carried 5-0. 2. SA 93-11 Request of Robert Frank for a variance from the Zoning Ordinance No. 1874 on Lot 1, Block 13, Meadow Lakes Addition, to vary from the rear yard open space requirement. This property is located at 6210 Skylark Circle. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Bob Frank, 3732 Fenton Avenue, Ft Worth, came forward to speak. He stated he wishes to build a house at 6210 Skylark Circle. He stated his plan falls short of the required open space for the rear yard by about 100- square feet. He stated there should be no significant impact on the neighborhood since the house abuts the golf course on two sides. Chairman Duer asked how large the house is. Mr. Frank stated 2,385 square feet. Mr. Skinner asked what the difference was between the lot next door and the lot in question. Mr. Frank stated the lot next door is 50 x 105, and the lot in question is 47.62 x 105. He stated there is also a 5-foot utility easement on the west side, and a 6-footsetback on the east side. He stated the other lot has a 6-foot setback on. the east side, and a 2-100t setback on the west side. Chairman Duer asked if this house would have a front-entry garage. Mr. Frank stated it would be a front swing entry. Mr. Christensen asked about any future building permits for pools in the back yard. Mr. Frank stated it is nearly impossible to put a pool in the back yard due to the small size. of the lot and the rear utility easement. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve SA 93-11 as presented. The motion was seconded by Mr. Christensen, and the motion carried 5-0. ZBA Minutes - Page 4 29 April 1993 3. SA 93-12 Request of. Dan Buzan for a variance from the Zoning Ordinance No. 1874 on Tract 3A2, McComas Survey, Abstract 1040, to vary from the masonry requirement. This property is located at 6801 Smithfield Road. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Dan Buzan, 6801 Smithfield Road, came forward to speak. He stated he was seeking a variance from the masonry requirement. He presented pictures of homes with a similar type of siding that he proposes to use. He stated the existing residence is 794 square feet in area. He stated they plan to build a new house, and the plans that the Board has do. not show the fretwork or detail work on the house. Chairman Duer asked what was the size of the proposed house. Mr. Buzan stated 3,100 square feet. Mr. Skinner asked if the property has been platted. Mr. Buzan stated. no, that depends on the outcome of this case. Mr. Christensen asked what is the present size of the current lot. Mr. Buzan stated 2.43 acres. He stated it was 77 feet wide at the front, and expands to 132 feet at the rear, about 843 feet long. Chairman Duer asked if he plans to plat the property into one lot. Mr.. Buzan stated yes. Mr. Christensen asked how far back the new home would sit from the road. Mr. Buzan stated about 90 feet. Mr. Christensen asked if they approve this requestJ can they require that . . the siding be vinyl and not aluminum. Mr. Cypert stated they can specify what type of siding. Mr. -Christensen stated his concern about putting wood siding on the house. Mr. Buzan stated the exterior would be vinyl siding. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duef asked if all the affected home owners were notified. Mr. LeBaron stated yes. Mr. Skinner stated they should table this item until they can see how the property would be platted. ZBA Minutes - Page 5 29 April 1993 Chairman Duer stated that this request is really the first step. He .stated if they do not receive the variance, there is no purpose to go any further. Mr. Skinner stated he wants to see the land platted first, then he would make his decision about the vinyl siding. Mr. Barfield asked what that would accomplish. Mr. Skinner stated he wants to see that the house is sited on the lot properly. Mr. Barfield asked if the property were platted, could the owner get a permit to build the house anywhere on the lot within the setbacks. Mr. LeBaron stated yes. He stated staff determined the best order of steps to go through to get to the desired end, and this was the first one. He stated the platting was the most cost consuming portion of the process. Chairman Duer stated all they are being asked tonight is to grant a variance from the ~sonry requirement. Mr. Schopper asked if there was a way to tie the vinyl siding to this particular style of house. Mr. Cypert stated they could be very specific in the granting of the variance. Chairman Duer stated they can tie him to this exact structure. Mr. aarfield asked if Mr. Buzan was comfortable with this floor plan if the Board were to limit the variance to this structure. Mr. Buzan stated yes. Mr. Skinner asked how soon he intends to plat the property. Mr. Buzan stated all he is waiting for is approval of this request. Mr. Skinner asked how many more of these requests is the Board going to hear. Chairman Duer stated there are many homes along this street that are wood frame. He stated this is a single house, not a subdivision. He stated they are replacing a very old home with a new home. Mr. LeBaron asked if this house was going to be moved into the city or buitt on the property. Mr. Buzan stated it would be built on the property. Chairman Duer stated it would probably have to be rezoned to R-1 in order to build the house. Mr. Christensen stated if he were a neighboring homeowner, he would be thrilled to see this type of home being built in the area. He stated it could improve the area. ZBA Minutes - Page· 6 29 April 1993 Chairman Duer stated if this were a raw piece of land, the situation might be different. Mr. Cypert stated they might look at it differently if it were in the middle of a subdivision. Mr. Cypert made the motion to approve BA 93-12 subject to the following stipulations: the house must be constructed with vinyl siding, and built according to the submitted set of prints. The motion was seconded by Mr. Schopper, and the motion carried 4-1, with Chairman Duer, Mr. Cypert, Mr. Schopper, and Mr. Christensen voting for approval, and Mr. Skinner voting against approval. 4. SA 93-13 Request of TGI Friday's for a variance from the Zoning Ordinance No. 1874 on Lot 7R, Block Ä, Richland Oaks Addition, to vary from the rear greenbelt and screening fence requirements. This property is located at 8605 Airport Freeway. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Jim Dewey, Jr., with Dewey and Associates, came forward to speak. He stated they are representing TGI Friday's restaurant. He introduced Doug Garner, of the TGI Friday's chain. -He stated they are seeking a variance from the rear greenbelt requirement in order to obtain the necessary number of parking spaces. He stated they have more parking spaces than required, but Friday's uses 140 spaces, a number that is successful for their operation. Mr. Dewey stated the lot is rather small and tight. He stated there is extensive landscaping on the lot to mitigate any impacts on the existing residence to the north. He stated the second variance was for a screening fence along the north property line. He stated Friday's has no problem with putting up a fence, but they would like to save as many of the trees in that area as possible. He stated they are willing to plant as many types a.net number of trees and shrubs necessary to put in a heavy screen. Chairman Duer asked about the status of the road in front of the house. Mr. Dewey stated that street has been abandoned, and the pavement will be removed. Mr. Christensen asked about the existing trees on the property. Mr. Dewey stated they are saving a considerable number of trees on the west property line. There being no one else wishing to speak in favor of the request, Chairman Duer called for those wishing to speak against the request to comer forward at this time. Mr. Harvey Greenwald, 5016 Strummer Drive, came forward to speak. He stated his opposition to the request. He stated the variance would not enhance the property. He stated a living fence should be at least ten feet in height. Mr. Greenwald stated they should put' in a buffer lone. ZBA Minutes - Page 7 29 April 1993 Mr. Joe McCarthy, 5001 Strummer, came forward to speak. He stated they háve been following this development for a long time. He stated Pace has done an excellent job with their greenbelt and landscaping. He stated there would be only a two foot area to put a living fence in. Mr. Schopper asked the applicant if they could restripe the parking to an angled parking to make up a few feet for a buffer. Mr. Gamer stated the angled parking would hurt the fire lane width they have established. Mr. Pence stated the module width for gO-degree parking is 61 feet. He stated if they use a 75-degree parking stall, the module width increases to 64 feet. Mr. Dewey asked if ·they could move the curb out to where the wheel stop is to increase the buffer area. Mr. Pence stated he looks at the total size of the space when reviewing plans. Mr. LeBaron stated if they used compact spaces they would pick' up eight feet. . Mr. Pence stated that their parking plan is designed to meet the American with Disabilities Act requirements. Mr. Schopper stated the width is not the problem, it is the depth. He asked what the depth difference was. Mr. Pence stated the depth would be larger with angled spaces, according to the figures devised by the city engineers. . Mr. Dewey stated the screening fence can be worked out, and they can accommodate the greenbelt by moving the wheel stops out. Mr. Garner stated they have worked for several months to make this site work. He stated they oriented the building so that the entrance and dumpsters would not face the residence. He stated that a screening fence could result in a high grass and weed problem since the residential fence is set off the property line by about six inches. Chairman Duer stated there are about nineteen parking spaces abutting the residence. He asked what the cost would be to make those nineteen parking spaces a greenbelt until the residential property became commercial. Mr. Gamer stated it would kill the project. He stated that the 140 spaces is required to meet the projected sales volume. He stated it takes that many spaces to keep people from parking in the street and on other property. He stated if they provide adequate parking on site, they can contain the motion and behavior of those people. Mr. Skinner asked what is to the east of the property. Mr. Garner stated there is a vacant lot under the control of Pace. He stated the intended use for that property is fast food. ZBA Minutes - Page 8 29 April 1993 Mr. Skinner asked if they have approached Pace about using that lot for parking. Mr. Garner stated it would be cost prohibitive for the project. He stated they tatked to Pace about purchasing the lot, and the cost would be similar to buying the current lot twice. Mr. Skinner asked what the status was about the asphalt in front of Mr. Fullers house. Mr. LeBaron stated it would remain as a dedicated street Chairman Duer asked if there was room to move the restaurant closer to the street. Mr. Garner stated there is a fire lane on that side as well. He stated they are about as close as they can· possibly get on that side of the property. Mr. Cypert stated a possible solution would be to shorten the spaces abutting the property and increase the area available for buffering. He stated in some of the spaces the curb would be the parking buffer. Mr. Garner stated they have no problem with that Mr. Greenwald appeared before the Board again. He asked why they could not go with a parallel parking arrangement. Mr.,Cypert stated Friday's has done a lot of research to determine what it takes to sustain a restaurant. He stated they do not want to put in a restaurant that will go out of business. He stated they try to find a middle issue that will help the home owner and the business. He stated he would be a lot more concerned if the homeowner was here. Mr. Greenwald stated the homeowner probably ,feels that no one will help him at the city. Mr. Skinner stated Mr. Fuller has had five different opportunities to come before this Board and has decided not to do so. Mr. Cypert stated that by reducing the size of the parking spaces by three feet, the greenbelt could be increased to five feet. Chairman Duer asked what the size was of a compact car. Mr. LeBaron stated it was fourteen feet in length. Mr. Barfield asked if the restaurant opens without the required number of spaces, will people park in front of the residence. He stated it is a city street. Chairman Duer asked who designates Uno parking" zones. Mr. LeBaron stated the police department. Mr. Barfield stated if the restaurant goes in, it will not make the house more valuable as a residence. He stated it could be worse if people start parking in the street in front of the house. ZBA Minutes - Page 9 29 April 1993 Chairman Duer asked what the required number of parking spaces for this restaurant was. 'He stated they are asking for more than what is required. Mr. Garner stated they will get more complaints if they do not have enough parking. Mr. LeBaron stated that the restaurant parking ratios in the ordinance are not adequate, and the restaurants are finding this out by providing more spaces than what is required. Chairman Duer asked if it were possible to approve an eleven foot parking space without a wheel stop in order to get nine feet of green space. Mr. Dewey stated that would not work. Chairman Duer stated if they use the fourteen foot space without a wheel stop, that would still increase the green space in front of the house. He stated they could gradually increase the depth of the parking spaces as the moved to the back of the lot. Mr. Dewey stated that could possibly work. He stated that most cities use a sixteen foot depth for compact cars. Chairman Duer stated that still leaves seven feet for a greenbelt area. Mr. Dewey asked how the twenty percent is calculated. Mr. Pence stated twenty percent of the spaces over 100 can be designated for compact car parking. Chairman D·uer stated that would be about eight or nine spaces, which would amount to 72 feet. He stated that should fit along the length of the house. He asked if it were possib.le to postpone approval until next month. Mr. Garner stated they are in the position to start building on Monday. Mr. Pence stated he understands the intent of the Board, and he can get with Mr. Dewey to work out the details of the parking. Mr. Joe McCarthy appeared before the Board again. He asked what the final conclusion was. Chairman Duer stated they have decided to use compact car spaces in front of the house to increase the green space to about seven feet from the property line. He stated they could go to eighteen foot spaces towards the rear which would give them four feet of green space. Mr. McCarthy stated Friday's wants to put more parking than what is required. He stated they did not buy a lot that suits their needs. He stated the purpose of this Board is not to bail them out. Chairman Duer stated their job is to evaluate all requests to see if they are reasonable. ZBA Minutes - Page 10 2~ April 1993 Mr. McCarthy stated if he bought a lot that was too small for his needs, he should not have the opportunity to come before the Board to remedy the situation. Chairman Duer stated he has proposed a solution that is only three feet less than what the ordinance requires. Mr. McCarthy stated he could accept the seven feet. He stated his concern about setting a precedent for this type of request. Chairman Duer stated that the Board does not set precedents. He stated each case is considered individually and on its own merits. Mr. Christensen stated they should be thanked for putting in more parking than what the city requires. Mr. McCarthy stated they are not doing it for 'us. Mr. Christensen stated they are doing it for the city. He stated they are preventing people from parking in front of the residence and in the field next door. . Mr. McCarthy stated what they are doing is for their benefit only and has nothing to do with the requirements of the city. Chairman Duer stated that the requirements for restaurant parking are very inadequate. He stated you only have to look at a restaurant located in a strip center to see the problem. Mr. LeBaron stated when Friday·s submitted their prints for review, the fire lane width was twenty four feet. He stated the module width was sixty feet, which is common in many other cities. He asked the Board to consider allowing them to go back to the original plan, and to reduce one of the aisles by one foot, which would give you the three feet you are looking for. He stated a good green space could fit in that three foot area. Mr. LeBaron stated they might want to avoid designating compact car spaces in an area with that high of a traffic volume. He stated they have no way to enforce that provision. He stated making the north side a one way in and out would seriously encumber the site. He stated the length of the parking space assumes that the bumper of the car fits into the space and does not hang over. Chairman Duer stated if they reduce it to twenty-four feet on each side, that would eliminate having to stairstep·the parking spaces. Mr. Skinner stated that sounds like abetter solution. Mr. Dewey stated they do not have a problem with the twenty-four foot drives. He stated it would work only if the spaces on the north side were· fifteen feet deep. Chairman Duer stated they allowed Pace to put in a living fence and Friday's should get similar consideration. Mr. Schopper stated this situation would be different since there would be people com,ing in and out constantly. ZBA Minutes - Page 11 29 April 1993 Mr. Garner stated it would be more cost effective for him to put in a fence,· and with the increased area they will have enough room to take care of any grass and weed problem. Chairman Duer stated in that case, they do not need to address the fence since that is already required by ordinance. Mr. Skinner stated he would like to see an eight-foot fence. Mr. Pence stated they need to be specific about the length of the fence. Mr. Greenwald appeared before the Board again. He asked what height of fence they were considering. He stated eight or ten feet is better. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner stated they have talked about reducing the fire lanes to 24- feet, reducing the north parking spaces to 15-feet, requiring an eight foot stockade fence from the front of Mr. Fuller's property to the last parking space. He stated this length would help avoid any visibility problems. Mr. Pence stated if the fence were to extend from front to back of Mr. Fuller's property, there should not be any sight problems. Mr. Skinner made the motion to approve SA 93-13 subject to the following stipulations: the north and soUth aisle width be reduced to 24 feet, the depth of the north parking spaces be reduced to 15 feet, and an 8 foot high stockade fence be constructed' on the north property line. The motion was seconded by Mr. Christensen, and the motion carried 5-0. 5. BA 93-14 Request of Gary Bezner for a variance from the Zoning Ordinance No. 1874 on Lot 10R, Block 4, Richland Oaks Addition, to allow an accessory building on a lot without a main structure. This property is located at 5101 Jennings Drive. Chairman Duer opened the public hearing and called for those wishing to speak to come forward at this time. Mr. Gary Bezner, 5101 Jennings Drive, came forward to speak. He stated he owned two lots on Jennings, and wanted to build a garage on the second lot. He stated his permit was turned down because there was not a house on that lot. He stated he intends to store an older automobile that he owns in the garage. Mr. Alfred Stanford, 5101 Pearl Drive, came forward to speak. He stated he lived around the corner from Mr. Bezner. He stated he did not have any problem with the request. Mr. Ben Bishop came forward to speak. He stated he was the concrete contractor for the project. He stated the permit was turned down pending this variance request. He stated they are planning to brick the building according to code. Mr. Joe McCarthy, 5001 Strummer Drive, came forward to speak. He requested that the Board grant the variance. ZBA Minutes - Page 12 29 April 1993 There being no one else wishing to speak, Chairman Duer closed the public hearing. Mr. Schopper asked if the lot could be sold at a later date without a house on it. Chairman Duer stated the only reason someone would buy it would be to build a house on it. Mr. Schopper stated someone could buy it with the improvements on it. ·Mr. LeBaron stated a lot of it depends on the opinion of the financing company. He stated it is a platted lot, so permits could be issued. Chairman Duer asked if it could be bought and used as a storage building for someone's business. Mr. LeBaron stated no. Mr. Christensen asked how large the building was. Mr. Bezner stated it is a two-car garage with one door. He stated he is building it to store an older car that he owns. Mr. Christensen stated that the garage should be connected to the driveway by a concrete drive. Mr. Bezner stated that would be no problem. Chairman Duer stated he would like to see incorporated into the motion some language that the building is not to be used for business purposes. Mr. Skinner stated there is a flood zone on this property. He stated they need to consider the finished floor elevation to protect the city and the homeowner. Mr. Christensen stated they neeq to discuss what to do with the other two buildings. He stated ordinance only allows two buildings per lot. He stated the buildings should be converted into a single building. Mr. Bezner stated 'that is no problem. Mr. Pence stated he has spoken with Mr. Bishop and the Public Works Department and have gotten the forms filled out and submitted. Mr. Bishop stated they already have a finished floor letter from FEMA. Mr. Pence stated the current FEMA maps s~ow this property to be in a flood plain. Mr. Christensen made the motion to approve SA 93-14 subject to the following stipulations: the finished floor elevation of the building is subject to FEMA requirements, the building be connected to the existing driveway, and the two storage buildings be converted to one single building. The motion was seconded by Mr. Cypert, and the motion carried 5-0. ZBA Minutes - Page 13 29 April 1993 CITIZEN COMMENTS Mr. Skinner asked about the status of the garage on Bermuda Court. Mr. Pence stated the building has been removed. ADJOURNMENT There being no further business, the meeting was adjourned. 7~~~ Dr. Tom Duer, Chairman