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.
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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
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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.
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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.
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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