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HomeMy WebLinkAboutZBA 1993-10-21 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS October 21, 1993 - 7:30 p.m. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:30 p.m. ROLL CALL PRESENT Chairman Members Dr. Tom Duer Steve Ingham Robert Skinner Bill Schopper Jim Grant Barry LeBaron Steve Pence Clayton Husband Perry Christensen Billy Cype rt Director Plan/lnsp Building Official PZ Coordinator ABSENT CONSIDERATION OF MINUTES OF SEPTEMBER 16, 1993 Mr. Ingham made the motion to approve the minutes. The motion was seconded by Mr. Skinner, and the motion carried 3-0, with Chairman Duer and Mr. Grant abstaining due to absence at the previous meeting. 1. BA 93-22 Request of Dennis Stout for a variance from the Zoning Ordinance No. 1874 on Lots 3 and 4, Block 1 , Smithfield Addition, to allow parking in an access easement and to vary from the outside storage requirement. This property is located at 6616 Davis Boulevard. Mr. Ingham stated he would be abstaining from any discussion or voting on this case due to possible conflict of interest. Mr. Dennis Stout, 8732 Copper Canyon Drive, came forward to speak. He stated he was seeking a variance to allow parking in an access easement and to request some outside storage. Chairman Duer asked if they have any pictures of the property. Mr. Stout stated yes, and presented pictures of the outside storage to the Board. Mr. Skinner asked what was the current zoning on the property. Mr. Stout stated 1-2 Industrial. Mr. Skinner asked about the outside storage. Mr. Stout stated they carry certain items such as landscape materials, deer stands, and plant stands that are normally stored outdoors. He stated they are constructing a storage building in the area also, but will not be large enough to hold all the items. He st~ted they will be screening the storage area. Mr. Skinner asked if there would be a covering over the outside storage. Mr. Stout stated no. ZBA Minutes - Page 2 21 October 1993 Mr. Skinner asked how large the outside storage area is proposed. Mr. Stout stated about 83 by 75 feet. Mr. Skinner asked how many entrances the storage building will have. Mr. Stout stated only one. Mr. Skinner asked what material the building would be made of. Mr. Stout stated it would be a pre-fabricated metal building. He stated it will match the same facade of the current building. Mr. Skinner asked if the truck dock was covered. Mr. Stout stated the dock will be covered with a canopy to match the building. Mr. Skinner asked if a chain link fence is proposed around the storage area. Mr. Stout stated yes. He stated they will also be planting shrubs and trees in front of the fence. Chairman Duer asked if they had considered a stockade fence. Mr. Stout stated they would prefer to do some landscaping rather than put up a stockade fence. Mr. Skinner asked how Wal-Mart and Home Depot approach outside storage. Mr. LeBaron stated they are in a zoning district that allows twenty-percent of the lot to be used for outside storage. Chairman Duer asked if industrial property has to obtain a special use permit for outside storage. Mr. LeBaron stated outside storage is not specifically mentioned in the industrial zones so it is not allowed. Chairman Duer asked if they have to get approval from the Board for the outside storage. Mr. LeBaron stated yes, because the intent of the ordinance seems to be that outside storage in industrial zones was not supposed to be allowed. Mr. Schopper stated that is a good idea because some industrial storage can be very nasty. Chairman Duer stated he is looking at this property as a retail use. He asked if there would be any fertilizer or chemicals stored outside. Mr. Stout stated any chemicals would be stored in the storage building. He stated they would store pine bark mulch and similar items outside. ZBA Minutes - Page 3 21 October 1993 Chairman Duer asked for an explanation about the easement situation. Mr. LeBaron stated the current standards require 25-feet for mutual access easements between properties. He stated this property was platted with a 50-foot easement. He stated the proposed parking lot would have a 25-foot fire lane, and would basically meet the current standards. He stated since the easement would be covered by two rows of parking spaces, staff felt the best way to deal with the situation would be to let the Board consider it. Chairman Duer asked if parking was allowed in front of the building line. Mr. LeBaron stated yes, but staff felt that someone could not occupy an access easement with parking spaces. He stated some of the properties on Rufe Snow are required to provide a 25-foot mutual access easement, and parking is not allowed within those easements. Mr. Schopper stated that a retail use is much better for this property, and that there is no need for additional access to the adjacent properties. Mr. Schopper made the motion to approve BA 93-22. The motion was seconded by Mr. Grant, and the motion carried 4-0, with Mr. Ingham abstaining. 2. BA 93-23 Request of Wayne White for a variance from the Zoning Ordinance No. 1874 on Lot 1, Block 2, McMurray Addition, to vary from the masonry requirement. This property is located at 6540 Harmonson Road. Mr. Tommy White, 6521 Avalon, Ft Worth, came forward to speak. He stated he was representing his father who is ill. He stated his father wants to put a 24 x 30 storage building in the rear of the property for storage purposes. He stated his father does not want to brick the building due to the cost. He stated most of the buildings in the area are not masonry. Mr. Skinner asked if the existing storage building was red. Mr. White stated yes. Mr. Skinner asked how large the building was. Mr. White stated about 200 square feet. He stated the items in that building would be moved to the new building, and the old one torn down. Mr. Skinner how old the frame house is. Mr. White stated his father built it when he moved here 44 years ago. Mr. Skinner asked how old the brick section is. Mr. White stated about 16 years old. Mr. Skinner asked how old the carport and workshop were. Mr. White stated about 10 years. Mr. Skinner asked how many people live at the residence. ZBA Minutes - Page 4 21 October 1993 Mr. White stated three people. Mr. Skinner asked if the carport/workshop was enclosed. Mr. White stated no. Chairman Duer stated there is not a single brick home in the area. Mr. Ingham asked why he did the addition in brick. Mr. White stated he thought it would last longer. Mr. Skinner asked what the purpose of the building was. Mr. White stated to move the items from the old wood building and some items from the house into the building. Mr. Skinner asked if the building will have electricity. Mr. White stated yes. Mr. Skinner asked if the building will have water or gas. Mr. White stated no. Mr. Skinner asked if plans have been submitted to the city for review. Mr. White stated yes. There was general discussion regarding the plans for the building. Mr. Skinner stated he does not consider this case a hardship. Chairman Duer stated all the houses in that area are wood frame or siding. He stated he does not think it will detract from the neighborhood. Mr. Ingham made the motion to approve BA 93-23. The motion was seconded by Chairman Duer, and the motion carried 4-1, with Mr. Ingham, Chairman Duer, Mr. Schopper, and Mr. Grant voting for, and Mr. Skinner voting against. 3. BA 93-24 Request of Diane Nix for a variance from the Zoning Ordinance No. 1874 on Lot 1 R, Block 1, Tapp Addition, to vary from the maximum sign height regulation. This property is located at 5201 Rufe Snow Drive. Ms. Diane Nix, 4605 Willow Park Court, Arlington, came forward to speak. She stated she was representing Richland Pointe Mall. She stated they recently constructed a new pylon sign along Combs Road. She stated the new buildings to the south will partially block the sign. Ms. Nix stated the mall is seeking an increase in height of 20 feet so the sign is visible from the intersection of Rufe Snow and Loop 820. She stated the mall does not intend to change the face or structure of the sign. Chairman Duer asked if the current sign was 45-feet tall. Ms. Nix stated yes. ZBA Minutes - Page 5 21 October 1993 Mr. Skinner asked if the sign would stay in its same location. Ms. Nix stated yes. Mr. Schopper asked if any additional signage will be added. Ms. Nix stated no. Mr. Skinner asked who will occupy the anchor tenant spot. Ms. Nix stated they do not have a tenant at this time. Chairman Duer asked if they could add more signage on this pole. Ms. Nix stated that sign is at its maximum allowable signage. Mr. Schopper asked why Texas Drug Warehouse was not on the sign. Ms. Nix stated they opted not to put a sign on the pole. Mr. Skinner asked if it is up to each individual tenant as to whether they want to be on the pole sign. Ms. Nix stated yes. Mr. Grant asked what people the mall is trying to attract with the sign. Ms. Nix stated the target is the traffic at Rufe Snow and Loop 820. Mr. Skinner asked when the new sign was installed. Ms. Nix stated it was completed in late May of this year. Mr. Schopper asked how expensive a sign like this is. Ms. Nix stated the original sign cost $22,000 to construct. She stated they are still negotiating on the extension. Mr. Skinner asked if the current sign is within the regulations of the city. Ms. Nix stated yes. Chairman Duer asked why the mall did not construct a 50-foot sign at the beginning. Ms. Nix stated it was not necessary to add the additional five feet based on the original plan for the property to the south. Mr. Grant asked if there are any other signs on the property. Ms. Nix stated there is another pylon sign at the entrance on Rufe Snow Drive. Chairman Duer asked if they have done field work with other heights. ZBA Minutes - Page 6 21 October 1993 Ms. Nix stated yes, and they decided that 65-foot was the needed height. She stated anything higher would reduce the readability of the sign from the road. Chairman Duer stated the Board did some field work with Home Depot regarding their sign height. He asked if there was another height she could accept if the Board does not approve 65-feet. Ms. Nix stated the mall would accept whatever the Board would allow. She stated the 65-foot height would put the bottom of the sign just over the top of the buildings. She presented a previous site plan of the development to the south. Mr. Ingham asked how tall the Chick-FiI-A building was. Mr. Husband stated the building is several feet shorter than Fort Worth Sports. He stated Chick-Fil-A would block the sign when you are north of the intersection, and Don Pablo's and Fort Worth Sports would block it when viewed from the south. Mr. Rick Sutton, with Starlite Signs, came forward to speak. Chairman Duer asked what the differences between 45-feet and 65-feet mean as far as wind load and engineering. Mr. Sutton stated the design will be sealed by an engineer. He stated new holes will need to be drilled in order to seat the sign into the ground. Chairman Duer stated this case is similar to the previous sign height case. He stated this case involves the sign being blocked by buildings that were erected after the sign was constructed. Mr. Schopper stated there appears to be a hardship in this case. Mr. Ingham asked which sign in that area is the tallest. Mr. Husband stated either the Taco Bueno sign or the Grandy's sign. He stated they have looked for the exact height in the building records, but have found no record of the sign. He stated they are approximately sixty to sixty-five feet tall. Mr. Skinner made the motion to approve BA 93-24 as presented. The motion was seconded by Mr. Schopper, and the motion carried 5-0. 4. BA 93-25 Request of Bobby Dorn for a variance from the Zoning Ordinance No. 1874 on Lot K, Block 14, Richland Terrace Addition, to allow a metal awning to encroach the side building line. This property is located at 7709 Maplewood Avenue. Mr. Bobby Dorn, 213 Wooddale, Euless, came forward to speak. He stated he would answer any questions the Board may have. Mr. Schopper asked if he wanted to put the awning even with the side of the building. Mr. Dorn stated yes. He stated the building was originally built across the side building line. ZBA Minutes - Page 7 21 October 1993 Mr. Skinner asked how far below the roof line would the awning be attached. Mr. Dorn stated approximately three feet below the roof line. Mr. Skinner asked if he has submitted any plans to the city for review other than the exhibit the Board has. Mr. Dorn stated no. Mr. Skinner asked if the awning would be metal in construction. Mr. Dorn stated yes, that it would be supported by galvanized posts. He stated it is a typical metal awning. Mr. Skinner asked how far out the awning would extend from the building. Mr. Dorn stated twenty-five feet in most cases, except for the end which would be about twenty-six feet. Chairman Duer asked how many garage bays are in the building. Mr. Dorn stated there are seven bays. Chairman Duer asked what they do when the weather is bad. Mr. Dorn stated they get new trucks dented by hail. He stated they want the awning to protect the trucks because they usually cannot get them all inside the building. Mr. Skinner asked if the plans have been drawn. Mr. Dorn stated no. He stated he discussed the plan with the city and was told he would be turned down. He stated if the variance is approved, he will contract with an awning company to draw up the plans and apply for the permit. Chairman Duer asked if they have to approve anything other than the side building line encroachment. Mr. Husband stated the awning would normally be allowed, but a variance is required because the building encroaches the side building line. Mr. Skinner asked if the awning would be in line with the fence. Mr. Dorn stated yes. Mr. Ingham made the motion to approve BA 93-25. The motion was seconded by Mr. Grant, and the motion carried 5-0. 5. BA 93-26 Request of D.R. Horton Custom Homes for a variance from the Zoning Ordinance No. 1874 on Lot 12, Block 4, Spring Oaks Estates, to allow the house to encroach the side building line. This property is located at 6152 Cliffbrook Drive. ZBA Minutes - Page 8 21 October 1993 Mr. Roy Buxton, 1320 Simpson Drive, Hurst, came forward to speak. He stated he was representing D.R. Horton Custom Homes. He stated the house they want to put on the lot encroaches the side building line by about two feet. He stated they want to put a larger house on this lot since it is by the masonry wall. Mr. Skinner asked if the house has been built. Mr. Buxton stated no. Mr. Skinner asked if the house has sold. Mr. Buxton stated no, that it is a spec house. He stated they plan to put two single stories next to it. Mr. Skinner asked if the encroachment is on the street side of the house. Mr. Buxton stated yes. He stated they are maintaining the other side yard requirement. Chairman Duer asked about the recent change in the side building line requirements. Mr. LeBaron stated in 1992, the City Council made some changes to lot widths. He stated the house size has increased, but lot widths stayed the same. He stated the problem occurs on corner lots, which have a narrower building area than interior lots. He stated the lot widths on corner lots have been increase by about ten feet. Mr. LeBaron stated the problem in this case is that Spring Oaks was platted before that change took effect. Mr. Skinner asked how many more times will this problem come up in the subdivision. Mr. Buxton stated there may be two more if they cannot come up with another house plan. Chairman Duer what the side building line was when this subdivision was platted. Mr. LeBaron stated it was still twenty feet, but the required lot width was smaller. Chairman Duer asked what the average square footage would be for all the houses they intend to build. Mr. Buxton stated anywhere from 1 ,800 to 2,500 square feet. Mr. Skinner asked what the square footage on this house is. Mr. Buxton stated about 2,500 square feet. Mr. Schopper asked what a house this size would sell for. Mr. Buxton stated about $132,000. ZBA Minutes - Page 9 21 October 1993 Mr. Ingham stated the estimated value on the permit application is about $60,000. Mr. Husband stated that value is based on tables found within the building code. He stated the permit value is based on that estimated cost. He stated it represents construction costs rather than selling price. Mr. LeBaron stated that the building inspector applies a standard table to level the playing field for all construction. He stated a different figure would be used for permit cost calculation. Mr. LeBaron stated the inspector did not completely review the plan when the permit was submitted because of the encroachment. He stated the Public Works department will not approve this proposed footprint because the driveway is too close to the intersection. He stated on corner lots, the driveway is required to be on the side of the house furthest away from the intersection. He stated the Public Works department may have not reviewed th is plot plan yet. Chairman Duer stated even if they flip the house, there will still be some encroachment. He asked if they could approve an encroachment of a certain amount just to keep them from having to come back before the Board. Mr. LeBaron stated yes. Mr. Skinner asked when they intend to start construction. Mr. Buxton stated as soon as possible. Chairman Duer asked if one foot was enough. Mr. Buxton stated he did not think so. He stated it looks like it may be about two and one-half feet. Chairman Duer stated the reason for the twenty-foot setback is for sight visibility. He stated he sees no problem with a three-foot encroachment. Mr. Skinner stated there is a brick wall along Amundson and Cannon. He stated the last post is about fifteen feet from the front of the lot. Mr. Skinner made the motion to approve BA 93-26 subject to the following stipulation: the encroachment is limited to a maximum of three feet into the side yard. The motion was seconded by Mr. Schopper, and the motion carried 5-0. CITIZEN COMMENTS None. ADJOURNMENT There being no further business, the meeting was adjourned. j ,,_ ·ì..____ t> ~ Dr. Tom Duer, Chairman