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HomeMy WebLinkAboutZBA 1993-09-16 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS September 16, 1993 - 7:30 p.m. CALL TO ORDER The meeting was called to order by Vice-Chairman Robert Skinner at 7:30 p.m. ROLL CALL PRESENT Vice-Chairman Members Robert Skinner Steve Ingham Perry Christensen Bill Schopper Billy Cypert Barry LeBaron Steve Pence Jim Grant Tom Duer Director Plan/lnsp Building Official ABSENT CONSIDERATION OF MINUTES OF AUGUST 19, 1993 Mr. Schopper made the motion to approve the minutes. The motion was seconded by Mr. Cypert, and the motion carried 4-0, with Mr. Ingham abstaining due to absence at the previous meeting. Chairman Duer stated that the Board's rules are a little different than normal in that four affirmative votes are required to approve a variance. 1. BA 93-20 Request of Horn-Barlow Companies for a variance from the Zoning Ordinance No. 1874 on Lot 1 , Block 3, Diamond Loch Apartments Addition, to vary from the density and setback requirements. This property is located at 6228 Glenview Drive. Mr. Robert Reeves, 500 South Ervay, Dallas, came forward to speak. He stated he is a planning and zoning consultant representing the owners of the property. He stated the project was built with 188 units, and under the ordinance at that time, the density allowed was 20 units per acre. He stated the current allowed density is 16 units per acre, and all multi-family buildings located within sixty feet of a single-family area must be one story. Mr. Reeves stated there are several structures that encroach into that setback. He stated the owners of the project are seeking to refinance the property, and the lender is requiring that any planning and zoning issues that are out of compliance be corrected. He stated they are not changing anything on the property, they are just refinancing the project. He presented slides of the property to the Board. Mr. Reeves stated they invited the homeowners in the abutting area to a meeting, but no one showed. Mr. Skinner asked if they had plans for expansion into the adjacent vacant property. Mr. Reeves stated no. Mr. Skinner asked if there are any single family homes at the rear of the project. Mr. Reeves stated no, there is only the country club golf course in Haltom ZBA Minutes - Page 2 16 September 1993 City. Mr. Skinner asked if there was any correspondence regarding this request. Mr. LeBaron stated no. Mr. Skinner stated there are two issues in this case the Board needs to address. He stated they need to consider each of these issues separately. He stated the apartments were caught in an ordinance change in 1984. Mr. Cypert made the motion to approve BA 93-20 as presented, with the following stipulations: that the density does not increase from its current level. The motion was seconded by Mr. Ingham, and the motion carried 5-0. 2. BA 93-21 Request of Dean and Vickie Chandler for a variance from the Zoning Ordinance No. 1874 on Lot 8, Block 2, Meacham Addition, to allow a horse in the R-2 zoning district. This property is located at 7817 Arthur Drive. Ms. Vickie Chandler, 7813 Arthur Drive, came forward to speak. She stated she has kept her horse in a boarding facility for the last few months, and has had a previous horse die in a boarding facility. She stated this is the reason she wishes to keep her horse on the property next door to her house. She stated the land is fenced. Mr. Skinner asked if she boards her horse somewhere else now. Ms. Chandler stated the horse is boarded in Colleyville. She presented two pictures of her property on Arthur Drive. Mr. Schopper asked how large both lots are together. Mr. Dean Chandler came forward to speak. He stated the size of the lots are approximately one acre. He stated they have spoken with the neighbors, and they have no problem with the request. He stated the property is at least one hundred feet from any dwelling. Mr. Skinner asked when they purchased the land. Mr. Chandler stated in 1985. Mr. Cypert asked if they would have an objection to a limit on the number of horses allowed on the property. Mr. Chandler stated no. Mr. Christensen asked where they plan to house the horse. Mr. Chandler stated there is a barn in back of the house. Mr. Ingham asked if there are any other horses in the area. Mr. Chandler stated no. He stated they live on a dead end street and back up to the railroad tracks. ZBA Minutes - Page 3 16 September 1993 Ms. Chandler stated she intends to use the horse for barrel racing. Mr. Ingham asked if someone was there all day. Ms. Chandler stated no, that she works at Bell Helicopter during the day. Mr. Ingham asked if there are any children in the neighborhood. Mr. Chandler stated there are about four small children on the street. Mr. Ingham asked how tall the fence was. Mr. Chandler stated about four to five feet. Mr. Skinner stated they appeared before the Board with the same request in 1989. He asked if it was the same horse. Mr. Chandler stated no. He stated there was a member on the Board that objected to the request. He stated the member said they must have two acres on one lot in order to keep an animal. Mr. Ingham asked how often trains came down the track. Ms. Chandler stated there have not been any within the last two years. Mr. Cypert asked what the current ordinance states about the amount of land required to keep an animal. Mr. LeBaron stated one acre. Mr. Skinner stated the current zoning ordinance states the same. He read the passage from the ordinance. Mr. Schopper stated most communities do not consider horses to be agricultural uses. He stated a person cannot get an agriculture exemption by owning a horse like they could if they raised cattle or hogs. Mr. Skinner asked if there was an ordinance relating to odor and flies. Mr. LeBaron stated that is probably an animal control regulation. Mr. Skinner asked if there was any correspondence regarding this request. Mr. LeBaron stated no. Mr. Cypert stated he was on the Board at the time this was first considered, and he was somewhat against it at that time due to the two acre requirement. He stated this is a very unique piece of property given its surroundings, he is not totally against the request. He stated he would be in favor of limiting the amount of horses on the property to one horse. Mr. Cypert stated one option would be to rezone the property, but that is not the best option. He stated any future owner of the property would have to come back before this Board. Mr. Schopper stated that railroad was purchased by DART to run freight ZBA Minutes - Page 4 16 September 1993 traffic to the north since the commuter rail system is to the south. He asked if it is tough on a horse to have trains running by all the time. Ms. Chandler stated she did not think so. Mr. Skinner stated that only half of the property is available for keeping the horse. Mr. Cypert stated this way the Board can limit the amount of animals on the property without having to rezone it, where there could be no limit. Mr. Skinner stated this property was rezoned to R-2 in 1984. Mr. Ingham asked if there is any regulation regarding electric fences, and does it have to be posted as an electric fence. Ms. Chandler stated she would prefer to have an electrically charged fence for the horse. Mr. LeBaron stated electric fences are not allowed in the city. Mr. Christensen asked how far the fence is set back from the street. Ms. Chandler stated about six feet. Mr. Christensen asked how old the fence is. Ms. Chandler stated it has been there since they moved there in 1985. She stated the posts are set in concrete. Mr. Christensen asked if there are any gates on the property. Ms. Chandler stated there are two. Mr. Ingham asked if the horse would ever leave the property. Ms. Chandler stated only when it is taken to an exhibition, and the horse would be taken by trailer. Mr. Skinner stated there are no other horses in the area. He stated the future of the rail line is uncertain. Mr. Cypert made the motion to approve BA 93-21 with the following stipulation: the number of horses shall not exceed one on the property. The motion was seconded by Mr. Schopper. Mr. Christensen asked if the house is sold, would the new owner be allowed to keep a horse. Mr. LeBaron stated that if this variance is approved, as with any other variance, it would run with the land like a zoning change. He stated the ordinance was changed several years ago to reflect that, and to keep the approval of variances non arbitrary. Mr. Christensen asked if they could stipulate that the variance is void when the property is sold. ZBA Minutes - Page 5 16 September 1993 Mr. LeBaron stated that would be an administrative hardship because they would have no idea when the property was sold. He stated the best way to deal with any type of longevity issue is to stipulate a time limit on the variance. Mr. Ingham stated a time limit would be a good idea. Mr. Skinner stated they should discuss this further before action is taken on this case. Mr. Cypert stated they had always thought that a variance was void when the property changed hands. He stated that a time limit would probably be a good idea, and that a future board could consider this case. Mr. Schopper asked how the city would stay on top of a seven year time limit. Mr. LeBaron stated they have a suspense file that is based on future dates. Mr. Christensen stated his concern about locking in the neighborhood to a seven year time period. Mr. Cypert stated that the Chandlers may live there until they are eighty years old. He stated that a seven year time limit at least gives the Board the opportunity to reassess the situation at a futu re date. Mr. Christensen stated he is concerned that the barn is on the adjacent lot. Mr. Skinner stated they can lock in this request to both lots. Mr. Chandler stated they have no intentions to sell the adjacent vacant lot. He stated the people on the street lived there prior to them buying the property. Mr. Skinner stated in light of the new information, he asked for an amendment to the motion. Mr. Cypert amended his motion by adding the following stipulations: that the variance be approved for both lots, and that a seven year time limit be placed on the variance request. Mr. Schopper seconded the amendment to the motion, and the motion carried 5-0. CITIZEN COMMENTS None. ADJOURNMENT There being no further business, the meeting was adjourned.