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HomeMy WebLinkAboutZBA 1992-10-31 Minutes MINUfES OF THE REGTJLAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS October 13, 1992 CALL TO ORDER The meeting was called to order by Chairman Duer at. 7:38 p.m. ROLL CALL PRESENT: Chairman Members Tom Duer Mark Bartïeld Jeff Bunting Steve InghaIl1 Robert Skinner Barry LeBaron Bill Cypert Jim Kemp Director of Planning ABSENT: CONSIDERATION OF MINlITES OF AUGUST 20,1992 Mr. Skinner made the motion to approve the n1inutes as written. The motion was seconded by Mr. Ingham, and the motion carried 5-0. 1. BA 92-12 Request of Garrett. Sherman to vary from the Zoning Ordinance #1080 on Lot. 1, Block 2, Eden Addition t.o construct a 1,625 square foot house. This property is located at the southeast. corner of Eden Road and Ashcraft. Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of the request to come forward. Ms. Beverly Bruce, 8908 Marti Lane, came forward to speak. She stated she has built. several homes in the subdivision for Mr. Sherman. She stated that the twenty foot setback severely comproßlises the property. She stated that many of the homes in the subdivision are 1,600 square feet and below. Chairman Duer stated that this area is zoned R-2, and the district required 1,600 square feet up until about a year ago. Ms. Bruce stated that a Realtor told her that. a house at 8824 Ashcraft was allowed to be built. at 1,405 square feet. Chairman l)uer asked how they got a variance from the requirement. without coming before the Board. Ms. Bruce stated she could not confmn that, but the information was pulled out of the tax records. Mr. Skinner stated that. information could COll1e out. of the building permit computer system. Ms. Bruce stated that 8812 was built at. 1,600 square feet.; 7104 was built at 1,618 square feet; 8805 Marti is 1,629 square feet. She stated that many homes were built. within the 1,600 square foot bracket. before the ordinance change. Mr. Skinner stated that the ordinance has a grandfather clause that would allow an R-2 home to be built at 1,600 square feet for two years after passage of the ordinance. ZBA Minutes - Page 2 13 October 92 Ms. Bruce stated she built her own home on Marti Lane and was required to build at 1,800 square feet. Chairman Duer stated they need to find out exactly when the requirements were changed. He stated it was at least two years ago. Mr. LeBaron stated that ordinance was passed and went into effect in December of 1989. Ms. Bruce stated again that there are numerous houses in the subdivision that are within the 1,600 square foot bracket. She stated she would like to confirm that the 1,405 square foot house actually exists, based on the tax information she retrieved from the computer. Chairman Duer stated that could be an error, and if someone was to vary from the minimum square foot requirement the only route is to come before the Board of Adjustment. Ms. Bruce stated that. the 20-foot side yard reduces the value of the lot, and makes it difficult to sell the lot. She stated the side yard reduces the property to approxinlately 6,000 square feet. Mr. Troy Ashcraft, 8972 Bradley Drive, came forward to speak. He stated he is one of the original developers of Eden Estates. He stated the rules on the lots have been changed many times. He stated that there was some argument many years ago over whether the lot was actually a comer lot. Mr. Ashcraft stated they were not allowed to put a side entry driveway off of Eden Road. He stated that the lots have been difficult to sell. Mr. Ashcraft stated it is possible that Eden Road could be widened again. He stated it is difficult to build on the smaller narrow lot as it now exists. He stated there are some houses that are 1,400 square feet in the subdivision. He stated Ms. Bruce wants to build a 1,625 square foot house on that lot, and he is all for it. Mr. Skinner stated that last time when the person from Public W.orks was here, we never got a positive answer as to whether Eden Road would be widened again. Mr. L.E. (Gene) Merrell, 225 Brenlen Drive, Hurst, came forward to speak. He stated that he has great admiration for what the Zoning Board of Adjustment does. He stated he was one of the former developers of the subdivision. He stated they have done very well with the subdivision. He stated the flfSt home was built in March of 1986. Mr. Merrell stated there are three problem lots that are along Eden Road. He stated the twenty-foot side yard has proved to be a hardship. He stated that no one has picked those lots to build on. He stated he built a spec house on one of those lots, and the other three lots are just sitting there because no one wants to build on it. He stated the City inlposed another hardship when the mininlum square foot requirement was upped to 1,800 square feet. Mr. Skinner asked if a two-story house could be built on any of these lots. Mr. Ashcraft stated yes, but they placed some restrictions to allow at least 60% of the square footage to be on the ground floor. He stated that when he was building, people did not like two-story homes because they did not give the neighbors any privacy. ZBA Minutes - Page 3 13 Oct.ober 92 Mr. Skinner stated they could put 200 square feet up there if they wanted to. Mr. Ingham asked if there are any two-story houses in the subdivision. Mr. Ashcraft stated there are three. He stated it would be fairly expensive to add another 200 square feet on the second floor. Ms. Bruce again came fOlward to speak. She stated that she has spent quite a lot of time looking for a house plan that would fit on that lot. She stated it is not workable to put an expensive structure on a low-value lot. She stated the lot width makes it difficult to get a decent sized home on the lot. Ms. Denise Butler, 8808 Ashcraft Drive, came forward to speak. She stated their house is adjacent to the property under question. She asked what the house would look like and how much it would sell for. She expressed her concern over property value depreciation. Chairman Duer asked her, as far as the value of her house, what a vacant lot next door does to the value. Ms. Butler stated her biggest fear was property values. Mr. Ingham asked Ms. Butler how large her house was. Ms. Butler stated 2,100 square feet. Ms. Bruce stated they have no plans of compromising structure. She stated they are planning in putting custom items in the home. She stated the problem is the lot is really too sßlall to build on. She stated the price per square foot will be as high as she can get it. Chairman Duer asked Ms. Bruce if she had an estimated price range. Ms. Bruce said not at the ßloment. She stated that prices have gone up for building materials in the recent past, which will affect the selling price of the home. Mr. Ashcraft stated he owned Ms. Butler's before it was built on, and was not. paid until the house was sold. He stated they have built many homes in the neighborhood well over the minimum required size. He stated that a 1,600 square foot house built several years ago would cost about the same as a new 1,800 square foot home. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Barfield stated that since the City did increase the square foot requirement, the Board should approve the variance request. Chairman Duer stated that these four pieces of property were platted to build R-2 homes when the requirement was only 1,600 square feet; but that it would behoove the builder to build the best looking house as possible since the yard will be smaller. He stated a vacant lot will not help out the neighborhood at all. Mr. Skinner stated he hoped whoever buys this house doesn't want a pool if Eden Road is going to be widened. ZBA Minutes - Page 4 13 October 92 Chairman Duer asked if the deed would show what the City has cut off for road right-of-way. Mr. LeBaron stated that the lot was plat.ted in such a way that it provides for Eden Road now, but should it be widened, the City would have to make a decision as to which side of the road to widen. He stated the twenty-foot side yard is standard for comer lots in the R-2 district Mr. Skinner stated that when the engineer was asked if Eden Road was to be considered on the thoroughfare plan, there was no definite answer as to date. Mr. Barfield ßlade the nlotion to approve BA 92-12 as presented. The motion was seconded by Mr. Skinner, and the motion carried 5-0. 2. BA 92-14 Request of Marshall Webster to vary from the Zoning Ordinance #1080 on Lot 8, Block 4, Stonybrooke Addition, to allow the carport to extend beyond the side building line. This property is located at 7316 Meadowbrook Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor to come forward. Mr. Marshall Webster, 7316 Meadowbrook Drive, came forward to speak. He stated the carport is badly needed; two cars were damaged by hail this year. He stated they do not have a garage. Mr. Ingham asked Mr. Webster if he built the house or moved into it new. Mr. Webster stated that they moved into it new. Mr. Ingham asked if he filled in the garage himself. Mr. Webster stated yes. He stated they have lived there for about 17 years. Mr. Ingham asked if Mr. Webster had extended the patio or the patio cover. Mr. Webster stated it was done several years ago, and was not part of the original house plan. Mr. Skinner asked if there was any feasible way to use either side of the house to build or extend a car port. Mr. Webster stated no. Mr. Skinner asked why. Mr. Webster stated he did not understand the question. Mr. Skinner stat.ed Mr. Webster cannot extend any part of his house to build a carport without going over the building line. Mr. Webster stated no. Mr. Skinner asked Mr. Webster why he could not do that. Mr. Webster stated he only has fifteen feet between the house and the cul-de- sac. ZBA Minutes - Page 5 13 October 92 Mr. Skinner asked what about from the edge of the house to the back of the property. Mr. Webster stated it's about fifteen to twenty feet also. He stated it is very narrow in the rear. Mr. Skinner asked how nluch room was on the side facing Meadowbrook. He stated there are two out buildings and swimming pool there, and a patio cover. Mr. Skinner asked if be enclosed his garage. Mr. Webster stated yes. Mr. Skinner for what purpose. Mr. Webster stated there is a small bedroom there and a spa room. Mr. Skinner asked what year the garage was enclosed. Mr. Webster stated about eight years. Mr. Skinner asked since the cars have been outside eight years, why the decision now to build a carport, especially since there have been many hail storms between now and then. Mr. Webster stated they bought two new cars this year and would like to avoid the hardship in the future with insurance coverage and rates. Mr. Skinner asked how many years the pool has been in. Mr. Webster stated about four to five years. Mr. Ingham asked if any of the neighbors had carports. Mr. Webster stated not in the immediate area. Mr. Barfield asked if the carport around the comer is beyond the building line. Chairman Duer stated that the house where Meadowbrook dead-ends into Brookridge has a carport, but it is a side entry garage. Mr. Webst.er stated he thinks that person had a little more room. Mr. Bunting asked if there was any correspondence regarding this case. Mr. LeBaron stated no. Mr. Bunting asked if he were sure that the letters went out. Mr. LeBaron stated yes, there is an extensive list of property owners that were notified in the file. Chairman Duer asked for those wishing to speak against the request to come forward. There being none, Chairman Duer closed the Public Hearing. ZBA Minutes - Page 6 13 October 92 Mr. Skinner stated that if the carport is built twenty feet from tbe house, that leaves only nine feet to the curb line. He stated the Board has never approved anything that extends twenty feet beyond the building line. Mr. Bunting stated he has a hard time approving a car port when there are none in the immediate surrounding area. Mr. Ingham stated that carports are difficult to approve unless there are a lot of them in the area. He stated it really must be a hardship case, and since the garage is filled in, there really is no hardship. Chairman Duer asked Mr. LeBaron when people apply for a permit to enclose their garage, is there anything that they are given concerning carports. Mr. LeBaron stated that people are advised that a building permit cannot. be approved to enclose the garage without submitting an application for how they will comply with the regulation requiring two covered parking stalls. He stated if they were going to build a carport within the building line, they could approve the permit.s. He stated in this particular case, the building pennit was denied since the carport encroached upon the building line. Chairman Duer stated that if Mr. Webster had applied for a building permit to enclose his garage, the process would have st.opped right there since the required carport would have been so close to the road. Mr. Ingham asked if that were true eight years ago. Mr. LeBaron stated that, to the best of his knowledge, that requirement has been around quite a while. Chainnan Duer asked if the City has required building permits to enclose garages for a fairly long time. Mr. LeBaron stated yes. Mr. Skinner made the motion to deny BA 92-14. The motion was seconded by Mr. Ingham, and the motion carried 5-0. Chairman Duer asked Mr. LeBaron that since this is a five person board, if someone makes a motion to deny, and the motion is seconded, is there any reason t.o have a vote. He stated that the only way anything can be approved is by four aftinnative votes. Mr. LeBaron stated that some cities operate under the rule that they only accept a motion for approval, and without a second, it is a dead issue. He stated the state statutes say a request can only be approved with four affmnative votes. Chairman Duer asked if it is really necessary to make a motion to deny. Chairman Duer stated to Mr. Webster that the appeal process is through District Court if they wished to pursue that. ZBA Minutes - Page 7 13 October 92 3. BA 92-15 Request of Gary Neisler to vary from the Zoning Ordinance #1080 on Lot lO- R-I, Block 8, Fossil Creek Trails Addition, to exceed tlle maximulll fence height requirement. This propel1y is located at 6216 Riviera Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward. Chairman Duer stat.ed there was one letter received concerning this case. He stated it was from William Leonard. He asked Mr. LeBaron where Mr. Leonard lived. Mr. LeBaron stated he lives at. 6301 Riviera Drive. Chairman Duer stated for the record that a letter was received from William Leonard, 6301 Riviera Drive. He asked Mr. Skinner to read the letter into the record. Mr. Skinner stated that this letter was in response to the letter sent out. by staff notifying of the variance request. He read: "I object to any more exceptions to the rules of zoning ordinances which allows anyone to simply do anything they want. This the above does not enhance my property and I wish to disallow this request. " There being no one wishing to speak either for or against the request, Chairman Duer closed the Public Hearing. Mr. Ingham made the motion to deny BA 92-15. Mr. Bunting asked if the Board could do anything without anyone being here. Chairman Duer stated yes. Mr. Skinner seconded tlle motion made by Mr. Ingham, and the ßlotion carried 5-0. CITIZEN COMMENTS None. ADJOURNMENT There being no further business, the ßleeting was adjourned. 7 L/ Chairm~m Duer