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HomeMy WebLinkAboutZBA 1992-03-30 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 30, 1992 - 7:30 p.m. CALL TO ORDER The meeting was called to order at 7: 31 p . m. by Chairman Tom Duer. ROLL CALL PRESENT: Chairman Members Tom Duer Jeff Bunting Billy Cypert Jim Kemp Robert Skinner Barry LeBaron Clayton Husband Steve Ingham Mark Barfield Dir Community Dev p & Z Coordinator ABSENT: CONSIDERATION OF MINUTES OF JANUARY 16, 1992 Mr. Skinner made the motion to approve the minutes as written. The motion was seconded by Mr. Kemp, and the motion carried 5 -0. 1. BA 92-02 Request of Rostland Texas, Inc., for a front yard variance on Lot 21, Block 10, Meadowlakes Addition. This property is located at 6349 Skylark Circle. Chairman Duer opened the public hearing and called for those wishing to speak in favor of the request to come forward. Karen Frank, 6390 Skylark, came forward to speak in favor of the request. She stated that the variance would help accommodate her housing plans. Chairman Duer stated that the request would give Ms. Frank more back yard space, and enable her to move the house up on the lot. Ms . Frank agreed. Chairman Duer called for those wishing to speak in opposition to the request to come forward. There being none, Chairman Duer closed the public hearing. Chairman Duer stated that due to the relatively irregular shape of the lots, he believed the applicant wants to move the house up on the lot to benefit from a larger back yard. Page 2 ZBA - March 30, 1992 Mr. Skinner asked if there was any correspondence for or against the proposed request. There was none. Chairman Duer asked the applicant if they were ready to start building. Ms. Frank stated that they were ready to begin as soon as possible. Mr. Skinner made the motion to approve BA 92-02 as presented. The motion was seconded by Mr. Kemp. The motion carried 5-0. 2. BA 92-03 Consider request of Ms. Marianne Armstrong & Ms. Elizabeth Barber on Tract 8A1, T. K. Martin Survey, Abstract 1055 for a variance from the masonry requirement. This property is located at 6609 Crane Road. Chairman Duer opened the public hearing and called for those wishing to speak in favor of the request to come forward. Marianne Armstrong, 6609 Crane Road, came forward and spoke in favor of the request. She stated that she bought her house 6 years ago. Since the house was only 850 square feet, she looked into adding on to the house. When Ms. Armstrong found out she would need to brick her home, she decided not to expand. Ms . Armstrong stated she was seeking a variance because she liked the character of the wood frame house. She stated she would still like to add on, but does not want to brick her home. Mr. Skinner asked Ms. Armstrong what her plans for adding on were and what her time schedule was. Ms. Armstrong stated she was thinking of doubling the square footage by adding two bedrooms, a bath, and a living area. Chairman Duer stated that the area includes similar homes of this character. He stated that the Planning and Zoning Commission was also looking into this problem. He stated that the masonry requirement exists Page 3 ZBA - March 30, 1992 to prevent people from putting in wooden frame homes one after the other. Chairman Duer also stated that the Planning and Zoning Commission was looking into provisions for keeping existing wood frame homes if they were conducive to the character of the rest of the area. Mr. Skinner stated that this issue was coming before the Planning and Zoning Commission in May. He stated that since Ms. Armstrong has waited six years, what was her urgency in getting this request approved. Chairman Duer stated that if the Planning and Zoning Commission does not approve the change, then Ms. Armstrong is stuck. Mr. Skinner stated that Ms. Armstrong has waited for six years, but she only needs to wait sixty more days. He asked Mr. LeBaron for clarification. Mr. LeBaron stated that the staff is in the process of reviewing the proposed ordinance. He stated that the review is projected to be complete in May, but that it could be later. Mr. LeBaron explained that the applicant had platted her property and had the zoning changed, but then found out she did not meet the masonry requirement. Mr. LeBaron stated that she could seek a variance, which she now does. Mr. LeBaron also stated that the Planning and Zoning Commission has talked about the issue, but has not voiced any opinions. Ms. Armstrong stated that she would have begun construction by now. Mr. Fred Wilson, 8721 Copper Canyon, came forward and spoke in favor of the request. He stated he would like to see the request approved because it would be a good improvement if Ms. Armstrong were allowed to expand on her property. He also stated that Ms. Armstrong has a good deal of money invested in the process. Page 4 ZBA - March 30, 1992 Chairman Duer called for those wishing to speak in opposition to the request. There being none, he closed the public hearing. Mr. Cypert made the motion to approve BA 92-03 as presented. Mr. Bunting seconded the motion. The motion carried 5-0. 3. BA 92-04 Consider request of Perry Homes on Lot 42, Block 2, Shady Oaks Addition for a side yard variance to construct a garage. This property is located at 8609 Amhurst Court. Chairman Duer opened the public hearing and asked for those wishing to speak in favor of the request to come forward. There being none, Chairman Duer called for those wishing to speak in opposition to the request to come forward. There being none, Chairman Duer closed the public hearing. Mr. Skinner asked Mr. LeBaron if there was any correspondence for or against the request. Mr. LeBaron stated that there was no direct correspondence. He stated that the applicant was at the previous meeting. The applicant is in Houston, but has a local representative. Mr. LeBaron stated that the applicant is still interested in seeking the variance, but the short notice on the meeting change did not allow them enough time to have a representative at the meeting. Chairman Duer asked Mr. LeBaron to briefly explain the circumstances surrounding this request. Mr. Lebaron stated that the R-2 district requirements require a rear or side-entry garage. He stated the regulations also require side yards of six feet and ten feet to gain entry into the garage. Mr. LeBaron stated that Perry Homes feels it can enhance their design is Shady Oaks by having a detached garage. He stated that a front entry garage is allowed as long as the garage is thirty feet back from the building line. Mr. LeBaron explained that the ten Page 5 ZBA - March 30, 1992 foot requirement pushes the garage too far into the back yard, destroying the utility of the back yard. He stated that he was asked if the city would look into changing the regulations. He stated that the Planning and Zoning Commission approved a change last Thursday requiring a six foot side yard on a detached garage. Mr. LeBaron stated that because of the long time frame to change the regulations would put Perry Homes schedule back two months. He stated this is the reason Perry Homes sought a variance. Chairman Duer commented on the quality of the homes in that area. He felt they were exciting for the area and would bring in decent incomes. Mr. LeBaron stated that the recently approved change to six foot side yards was a good size, but since it was written he has looked at some homes that are ready to be built and feels that a four foot requirement would do well. He stated that he will recommend to the City Council to amend the Planning and Zoning Commission's requirement to four feet on a detached garage. Chairman Duer asked what will this requirement do to the five foot easement requirement on storage buildings. Mr. LeBaron stated that permanent storage buildings would be required to have the same side yard requirement. Chairman Duer stated that the problem with a front entry garage was that it left two cars in the driveway and other cars had to park in the street. He stated that with the garage further back, that the cars might not be seen since they would be back behind the house. Mr. Cypert made the motion to approve BA 92-04 as requested. Mr. Skinner expressed concern over the possibility of permanently enclosing an attachment to the house. Page 6 ZBA - March 30, 1992 Mr. LeBaron stated that by changing the detached garage to an attached garage, a misinterpretation could make the attachment another room. He stated a proposed regulation would limit the width of an attachment to seventy-two inches, and that it cannot be enclosed to support heating or air conditioning. Mr. Skinner again expressed concern over the possibility of adding plumbing to the garage, or even expanding it to the point of having living quarters. Mr. LeBaron stated that this has been a problem of detached garages in older communities. He stated that if plumbing were put in that would support kitchen facilities, that this would trigger use as living quarters. Mr. Skinner asked how the Planning and Zoning Commission will prevent this. Mr. LeBaron stated that keeping the detached garage as an accessory use will help prevent that problem. Mr. Skinner also expressed concern over how soon Perry Homes will hit the Board of Adjustment for another variance request if this request is approved. Mr. LeBaron stated possibly right away, but as soon as the regulations are passed, Perry Homes has floor plans that they are ready to proceed with. Mr. Skinner stated that the Board should be very specific in its motion so if this issue comes up again, Perry Homes will know how the Board will handle it. Mr. LeBaron stated that he has put the change on the next Council agenda to avoid additional variance requests. Mr. Cypert amended his motion to approve BA 92-04 with the following stipulations: that the attachment will not exceed six feet in width, that the attachment will not be built to support heating or air conditioning, and that any plumbing will be kept to Page 7 ZBA - March 30, 1992 support accessory uses, not living quarters. Mr. Skinner seconded the motion. The motion carried 5-0. 4. CITIZEN COMMENTS None ADJOURNMENT There being no further business, the meeting was adjourned. ? "- ~~ Tom Duer, Chairman Zoning Board of Adjustment