Loading...
HomeMy WebLinkAboutZBA 1992-08-20 Minutes CALL TO ORDER ROLL CALL CONSIDERATION OF MINUTES OF JULY 30, 1992 1. SA 92-11 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS August 20, 1992 - 7:30 p.m. The meeting was called to order by Chairman Tom Duer at 7:32 p.m. PRESENT: Chairman Members Tom Duer Mark Barfield Jeff Bunting Steve Ingham Robert Skinner Barry LeBaron Clayton Husband Bi II Cypert Jim Kemp Director Comm Dev P&Z Coordinator ABSENT: Mr. Barfield made the motion to approve the minutes as written. The motion was seconded by Mr. Bunting, and the motion carried 3-0, with Mr. Skinner and Mr. Ingham abstaining due to absence at the previous meeting. Request of Charles and Lin Hagers to vary from the Zoning Ordinance #1080 on Lot 6, Block 2, Fossil Creek Trails Addition to allow the swimming pool to be constructed in the side yard. This property is located at 4804 Lariat Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward. Mr. Red Quintal of Blue Haven Pools, 1809 Airport Freeway, Bedford, came forward to speak. He stated they are trying to put in the pool in the side yard since it cannot go into the rear yard. He stated the Hagers are willing to adjust the location of the pool if required. Chairman Duer asked if Mr. Quintal had any pictures or other evidence other than what was in written form. Mr. Quintal stated no, but that members of the City staff have been to the site to take a look. He asked Mr. LeBaron if they had a copy of the whole site plan. Mr. LeBaron stated that the members of the Board have a copy or have seen one. Mr. Skinner asked Mr. Quintal if he has built pools in North Richland Hills before. Mr. Quintal stated they have built pools in this city for about twelve to thirteen years. Mr. Skinner asked if there is a civil engineer on the staff. ZBA Minutes - 20 August 92 Page 2 Mr. Quintal stated yes. He stated they use an engineered steel plan, and if they need a special engineered plan, they use a local engineer certified with Texas credentials. He cited an example from the City of Arlington's regulation concerning pools. Mr. Quintal stated they guarantee their product forever, and transfer the guarantee to the next buyer of the house. He stated it is to Blue Haven's advantage to overreact on steel construction. Mr. Skinner asked what the depth of the pool was at the two closest points to the house. Mr. Quintal stated the depth of the pool where the steps are is three foot, and the depth of the pool where the dot is to the right of the slide is six feet, and at the wall approximately four feet. Mr. Skinner asked where the pump for the pool will be located. Mr. Quintal stated it will be right next to the air conditioner. He stated it is a two-cycle pump that run ten decibels lower than the air conditioner. He stated they are trying to keep the sound away from the neighbors. Chairman Duer asked what the depth of the pool is on the fence side. Mr. Quintal stated it will be three feet at the shallow end, and six feet at the other end. Chairman Duer asked if there would be a diving board. Mr. Quintal stated no, that they try to discourage the sale of diving boards. He stated most every lawsuit that has come up in the last thirty years has involved diving boards. He stated they don't want to put something in that would be injurious or hazardous. Mr. Ingham asked what type of liability Blue Haven carries for damage to the foundation. Mr. Quintal stated they carry a five-million dollar policy. Mr. Ingham asked if it were the pool companies responsibility if there is damage to the foundation. Mr. Quintal stated yes. Mr. Ingham asked Mr. LeBaron when the city staff goes out to inspect pools. ZBA Minutes - 20 August 92 Page 3 Mr. LeBaron stated the City does an excavation inspection, a steel inspection, a plumbing inspection - probably as many as five or six inspections before its finalized. Mr. Quintal stated that the City also does a stake out inspection. He stated that North Richland Hills is one of the few cities that requires a stake out inspection. He stated that was an excellent idea. Mr. Quintal stated that he would like to see the fence inspection come before the plastering. He stated many cities in California have changed their codes accordingly. Chairman Duer asked at that point there is no need to get into the backyard with heavy equipment. Mr. Quintal stated that is correct, the plaster comes in through a hose. Chairman Duer asked that Mr. LeBaron pass that information on to the Planning and Zoning Commission. Mr. LeBaron stated they will pass that on to their Code Enforcement people. Mr. Quintal stated their company does put up a temporary fence during construction. Chairman Duer asked how close the hole will get to the foundation during excavation. Mr. Quintal stated one foot closer than the water's edge. He stated they also get an inspection by Texas Utilities. Chairman Duer asked if all the util ities are in the back yard. Mr. Quintal stated yes. He stated it is an all electric home. Mr. Charles Hager, 4804 Lariat, came forward to speak. He stated that letters were sent out to his neighbors and they have no problems with the proposed pool. Chairman Duer asked how many people around them have pools. Mr. Hager stated about two. Mr. Ingham asked if there are any windows on the side of the house. Mr. Hager stated there is a window about where the center of the pool would be located. He stated if the pool is approved they will probably put a door on the end of the garage. ZBA Minutes - 20 August 92 Page 4 Mr. Skinner asked if they had a six foot stockade fence around the property already. Mr. Hager stated yes. Chairman Duer asked if there are any regulations regarding egress from the house. Mr. LeBaron stated the city requires a six foot fence with self- locking gates. Mr. Skinner asked if there was a gate on the north side of the house. Mr. Hager stated yes. He stated the fence would be taken down and replaced, and the gates rebuilt. Mr. Skinner asked what the distance from the gate to the property line was. Mr. Hager stated about three fence panels plus a gate. Chairman Duer called for anyone else wishing to speak to come forward. He stated that there was no correspondence in writing concerning this case. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Bunting stated that based on the drainage and utility easement being located in the back yard, that constitutes a hardship that would allow them to put the pool in the proposed place. Chairman Duer stated that whoever built this house at least put it in a decent location to allow a pool on that side. Mr. Ingham asked where the window was located. Mr. Hager stated it was about six feet off the garage. Chairman Duer asked if it were a low window. Mr. Hager stated about medium high. Mr. Ingham made the motion to approve BA 92-11 as presented. Mr. Barfield seconded the motion. Mr. Skinner made an amendment to the motion to see that the city inspectors make sure the 45-degree rule regarding the footings of the foundation be looked at, and if not that a certified civil engineer certify it to take away all liability from the City. Mr. Ingham seconded the amended motion. The motion carried 5-0. CITIZEN COMMENTS None. ZBA Minutes - 20 August 92 Page 5 ADJOURNMENT There being no further business, the meeting was adjourned. 7~ó~ Chairman Tom Duer