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HomeMy WebLinkAboutZBA 1992-05-21 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MAY 21, 1992 - 7:30 p.m. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:38 p.m. ROLL CALL PRESENT: Chairman Members Tom Duer Mark Barfield Jeff Bunting Bi lIy Cypert Steve Ingham Jim Kemp Robert Skinner Barry LeBaron Steve Pence Clayton Husband Dir Community Dev Building Official PZ Coordinator CONSIDERATION OF MINUTES OF APRIL 16, 1992 Mr. Skinner made the motion to approve the minutes as written. The motion was seconded by Mr. Ingham, and the motion carried 4-0, with Mr. Kemp, Mr. Bunting, and Mr. Barfield abstaining due to absence at the previous meeting. 1. BA 92-07 Request of Ideal Pools, Inc. to vary from the Zoning Ordinance #1080 on Lot 1 R, Block 23, Clear View Addition to allow outside storage. This property is located at 8001 Grapevine Highway. Chairman Duer opened the hearing and asked those wishing to speak in favor of the request to come forward. Mr. Bill Frankel, General Manager of Ideal Pools, came forward to speak. Mr. Frankel thanked the Building Department for their courtesy and promptness in considering his request. he stated he did not know that outside storage was not allowed on the site they purchased. He stated that he has been in business 4 months, and paid over $8000 in sales taxes during the last quarter. Mr. Frankel stated that he did put up the 8-foot fence that was required, and offered to put up a privacy gate so the storage area cannot be seen from the street. 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 come forward. Ms. Shirley Watson, 7905 Birchwood, came forward to speak. She presented a letter to the Board, which is entered into the ZBA Minutes, Page 2 May 21,1992 record as Exhibit A. Ms. Watson stated her concern over noise, traffic, and trash. Mr. Skinner asked Ms. Watson if she reported the trucks that were blocking the road to the police. Ms. Watson stated she had called about the noise and the outside storage. Mr. Skinner asked if the overloading of the dumpster could be the reason it was not picked up. Ms. Watson stated that the dumpster is continually not picked up. Mr. Ingham asked if all the trucks are going to Ideal Pools. Ms. Watson stated that all the trucks are Arkansas Freightways delivering to Ideal Pools. Chairman Duer asked if the truck traffic has continued even after the building was completed. Ms. Watson stated yes. Mr. James McCaig, 7900 Birchwood, came forward to speak. He stated that the company showed the neighbors what they were going to do with the building. He stated the company said it would finish the building before they moved in. Mr. McCaig stated that the gate should not even be there since the area was supposed to be excess parking. He stated a surety bond was supposed to be filed to guarantee filling in of the holes left by the pools if Ideal Pools ever closed down. He stated his concern about when the holes were dug for the pools, there was no fence put around them. Mr. McCaig stated he asked Ideal Pools to put a fence around the holes, and was told that they were not required to do such. Mr. McCaig stated he expects the business to be a good neighbor to the neighborhood. He stated his concern over the dumpster location at the curb, and that it should be in the back corner of the lot as shown in the building plan. He stated the dumpster is constantly overflowing. He stated that the company said there would be no outdoor storage, that the storage would be at another location. Mr. McCaig stated that the required landscaping was never done. He stated that Ideal Pools should not get a variance since they have not followed the laws up to now. Mr. Skinner asked if they are leaving only the trailers when unloading the trucks. Mr. McCaig stated yes, on the property. Mr. Skinner asked if he had seen and reported this. ZBA Minutes, Page 3 May 21, 1992 Mr. McCaig stated yes. Chairman Duer stated that the video showed a trailer sitting on the property. Mr. McCaig stated that they have contractors that come back and dump their trash into the dumpster at Ideal Pools. Chairman Duer stated that he remembered the pools on display would only be there to show the shape, but would be of shallow depth. He asked Mr. McCaig if during the building of those pools, did Ideal Pools dig 8-foot pools. Mr. McCaig stated the minutes show 8-foot pools and 3- to 5- foot pools. Cynthia and David Maine, 7913 Birchwood, came forward to speak. They presented a petition and photographs to the Board. (Exhibits Band C, respectively) She stated that the depths of the pools were 8-, 5-, and 3-feet deep. She stated there was supposed to be auxiliary parking next to the property with the 8-foot fence. She stated that she believed that Ideal Pools always intended to have outdoor storage. Ms. Maine stated she was told it would be a showroom only and that storage would be elsewhere. She presented photographs to the Board showing outside storage, dumpster location, trucks, and other items. She stated her concern about trash from the dumpster blowing into her yard and down the street. She stated she never had problems with the carpet company or Harry's Hot Rod Shop. Ms. Maine expressed her concern about the uncaring and unprofessional attitude of Ideal Pools. She stated her neighbors across Grapevine Highway asked her to mention the trailers parked on the shoulder of the road and the early deliveries causing dogs to bark. Mr. Bunting asked if there was a lot of traffic with Harry's Hot Rod Shop. Ms. Maine stated no, that they would even tell the neighbors when a show was coming up to warn them of the noise. Mr. Bunting asked if when the building was completed, will most of these problems go away. Ms. Maine stated no. Chairman Duer asked Mr. LeBaron to attack the question of Ideal Pools not having to finish everything with the variance request in motion. ZBA Minutes, Page 4 May 21,1992 Mr. LeBaron stated the City notified Ideal Pools when complaints were received about the outside storage. He stated that outside storage was not allowed, but relief could be sought through rezoning or seeking a variance. He stated according to state law, once a variance is applied for, all enforcing provisions cease until the application is determined by the Board. Ms. Maine asked why they put up a fence only up to the area where the storage starts. She stated that C-2 zoning and outdoor storage was discussed at the previous meeting. Mr. Bunting asked Mr. Maine to explain the items shown in the pictures. Mr. Maine pointed out the items. Chairman Duer asked if any written comments or letters were received concerning this case. Mr. LeBaron stated no. Mr. Bill Frankel came forward again. He presented a list of opening and closing times from the first day as recorded by Hawk Security (Exhibit D in the record). He stated that when he applied for the variance for the pools, he had not bought the building and would not until the variance was granted. He stated that he could guarantee that no work was done the following day. He stated that the Building Department can verify dates and applications for all permits. He stated he stopped the fence where he did because he did not know that outside storage would not be allowed there. he stated the did not know that the placing of the dumpster was his responsibility. Chairman Duer stated his understanding was that placement of the dumpster has to in a place where the truck can drive onto the commercial property and unload without blocking the street. Mr. Frankel stated he did tell Laidlaw to put it towards the front, but did not specify where. Mr. Skinner asked if Mr. Frankel would correct the dumpster situation and when would he do it. Mr. Frankel stated he would fix the problem and call Laidlaw tomorrow. Mr. Skinner asked Mr. Pence to tell Mr. Frankel where the dumpster needs to be. ZBA Minutes, Page 5 May 21, 1992 Mr. Pence stated the dumpster should be behind the building line, screened from view. Chairman Duer asked Mr. Frankel to get with Mr. Pence to find a good spot for dumpster so Laidlaw can be notified. Mr. Skinner asked if Mr. Frankel would speak to his contractors about dumping their trash into the dumpster. Mr. Frankel stated yes. Mr. Skinner asked if the City has anything to do with owners contracting with Laidlaw about the size of dumpsters. Mr. Pence stated he did not know. Chairman Duer stated that if it continues to overflow, it is up to the City to give citations, and that it is something for Mr. Frankel to take care of. Chairman Duer stated that the property was zoned C-1, and that someone did not read the ordinance, leaving it in Mr. Frankel's hands. He stated that the Board was informed that Ideal Pools would mainly be a showroom, and that the outdoor pools were needed for demonstration use only. Chairman Duer asked if it was brought up at the previous meeting that storage would be elsewhere. Mr. LeBaron stated that the tape from that meeting reflects that the construction storage would be elsewhere. Mr. Frankel asked that the minutes of that meeting be read since he was not at that meeting. Mr. Skinner stated the minutes were only a synopsis of the meeting, but Mr. Frankel could listen to the tape if he so desired. Chairman Duer stated that at the previous meeting, nothing was brought up to the Board about outside storage, and the fault lies with the person who read the Zoning Ordinance. He stated that when purchasing the property, Mr. Frankel should be looked into what would and would not be allowed. Mr. Frankel asked if there was an ordinance that disallows indoor storage. Chairman Duer stated that they would not even be here tonight if the building was made of sufficient size to allow for indoor storage. ZBA Minutes, Page 6 May 21, 1992 Mr. Frankel stated he could build an addition to the building, but it would not stop trucks from coming in and out. He stated that no one is ever there at 5:45 in the morning. Mr. Skinner asked if the alarm report applies to the back storage gate, if someone could be there that early. Mr. Frankel stated that just does not happen. Mr. Skinner asked if the forklift is stored inside the storage area. Mr. Frankel stated yes. Mr. Skinner asked if Mr. Frankel would ask the truck drivers to pull off the street and onto the property. Mr. Frankel stated he does not know of any semi trucks parked on the street. Chairman Duer stated that this request is for outdoor storage. He stated that the trucks are something that should be worked out between Ideal Pools and the neighbors. He stated the only thing the Board is considering is whether outdoor storage should be allowed. Mr. Frankel stated he does not see the problem with outdoor storage if you cannot see into it. Mr. Skinner asked since its been six months since Ideal Pools moved in, why the driveway was not finished. Mr. Frankel stated they will finish it, and it was supposed to be done last week. Mr. Ingham asked when the last time work was done on the driveway. Mr. Frankel stated two to three months ago. Mr. Ingham asked why it was not finished then. Mr. Frankel stated they got busy. Mr. Ingham asked what the trucks deliver. Mr. Frankel stated pumps, filters, materials for constructing the pools. Chairman Duer asked if that area was going to be a fire lane. ZBA Minutes, Page 7 May 21, 1992 Mr. Pence said the fire lane is in the front. Mr. Bunting asked why there is no fire lane in the back. Mr. Pence stated all the portions of the building must be within 150 feet of fire department access, and that the building is not over 150 feet deep. Chairman Duer asked why the plumbing company that asked for a zoning change on that property was turned down. Ms. Maine stated that the Commission was concerned about who would go in afterward. Mr. McCaig stated that a red truck was unloading and loading at 6: 15 that morning. He stated that was the truck the everyone was concerned about. Chairman Duer stated that one problem with development along Grapevine Highway is that most areas abut residential areas. He stated the residents must be appeased but that it must also be realized that Grapevine Highway is a major road. He stated the trick is to maintain a happy medium. Ms. Maine stated that no outdoor storage is shown on the building permit site plan and that the minu~es from that meeting, on page four, show the area only to be used for auxiliary parking. She stated that Ideal Pools came before the Board to get outside storage for pools and should have realized then that outside storage was not allowed. Mr. Bunting asked why there were two maps. Mr. LeBaron stated that the one marked Building Permit Site Plan was the one submitted with the permit application, and the one marked BA 92-07 was the one used to show the storage area for the variance application. Chairman Duer asked if there were dates for these maps. Mr. Pence stated that the building permit application was submitted on December 18, 1991, and on December 20 the permit was paid for and picked up. Chairman Duer stated that he thought it was two or three days after the variance was granted that work on the outside of the building was started. He asked what the date on the other map was. Mr. LeBaron stated about March 24. ZBA Minutes, Page 8 May 21, 1992 Chairman Duer asked who in the company sent the proposal on December 18. He stated he felt that it was not premeditated to put outdoor storage in that area, but when the extra space was realized, that's when the idea came up. He stated this happened sometime between December 18 and March 24. Mr. LeBaron stated that a code violation file was generated when an official complaint was received regarding the outside storage. Chairman Duer stated that the issue of a wrought iron fence around the pools was brought up at the previous meeting. Mr. Frankel asked if there was any objection to adding onto the building. Chairman Duer stated no, and that they would not be here if that had occurred. He asked Mr. LeBaron is that is allowed. Mr. LeBaron stated that it is certainly an option provided setback requirements could be met; and if they could not, the option to get a variance from those setbacks from the Board exists. Chairman Duer stated that he realizes that trucks will still come in and out of the property, but that is a civil matter. Mr. Frankel asked if there was any ordinance that stated someone cannot start work early. Mr. Cypert stated there is one that controls the start and stop time of business, but believes that it pertains to construction. Mr. McCaig asked if manufacturing would be allowed. Chairman Duer stated it was up to the City to determine whether the use of the property substantially changes. Mr. Pence stated that people must realized that there are some incidental uses not specifically spelled out in the zoning ordinance. Chairman Duer stated that Mr. Frankel could not carry on a business in C-1 that is only allowed in C-2. Mr. McCaig asked if there are any chemicals stored there. Mr. Pence stated that there chemicals are in compliance with the fire code. ZBA Minutes, Page 9 May 21, 1992 Ms. Maine stated that when the demo pools were being built, the device to hold the line on was very noisy and ran all night. She stated that the man building the pool was very nice and asked that the neighbors bear with them. She stated she has tried to work with them as neighbors. Chairman Duer asked if a surety bond was filed with the City. Mr. LeBaron stated no, but a valiant attempt was made to get one. He stated that the delay between the variance in November and the building permit in December was an attempt to satisfy that requirement. He stated the insurance companies said there was no such instrument in the industry. He stated the City Attorney said the best way to solve the problem, in the event the pool company goes out of business, is for the City to fill the holes and attach a lien to the property. Mr. Ingham asked if a bank letter of credit was considered. Mr. Skinner stated that about two meetings later he was told that the City had taken care of it. Mr. LeBaron stated that the insurance companies checked with the State Board, and they said no such standard form exists for such a surety bond. He stated they were prohibited from operating any type of surety without a form approved by the State. Chairman Duer stated that if something happened and the company went out of business, the City would fill the holes and attach a lien to the property, and the property could not be sold until the City was paid. Mr. LeBaron stated that he did consider a letter of credit, but the maximum life would be about 24 months. Mr. Ingham stated that you can get automatic renewal. Chairman Duer stated that for the request to pass, it must have 4 affirmative votes from the five members. Chairman Duer asked for a motion to approve BA 92-07. He stated since no motion was made to approve the case, the request is denied due to not receiving the required 4 affirmative votes. CITIZEN COMMENTS Ms. Myrtis Byrd, 7312 Hialeah Circle W, appeared before the Board. She stated that garbage trucks can ruin the hot top real quick when emptying dumpsters. She stated it should be ZBA Minutes, Page 1 0 May 21, 1992 a consideration of the City to regulate the location of dumpsters on business property. Chairman Duer stated the ordinance requires that the dumpster be screened from view on three sides. He stated the problem is getting older companies to comply. Shirley Watson, 7901 Birchwood, appeared before the Board. She asked if there was any time limit for Ideal Pools to come up to compliance with the code since the request was denied. Mr. Pence stated they had 30 days in which to comply. ADJOURNMENT There being no further business, the meeting was adjourned. 2~~ i,-- hairman Tom Duer Zoning Board of Adjustment