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HomeMy WebLinkAboutZBA 1992-11-19 Minutes MINUTES ()F THE RE{}ULAR MEETING OF THE ZONING BOARD OF ADmSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS November 19, 1992 CALL TO ORDER The meeting was called to order by Chainnan Duer at 7:30 p.m. ROLL CALL PRESENT: Chainnan Members Tom Duer Mark Barfield Jeff Bunting Steve Ingham Robert Skinner Bill Cypert Barry LeBaron Clayton Husband Steve Pence Jim Kemp l)irector of Planning PZ Coordinator Building Official ABSENT: CONSIDERATION OF MINUTES OF OCTOBER 13,1992 Mr. Skinner made the motion to approve tIle lllinutes as writ.ten. The motion was seconded by Mr. Barfield, and the lllotion carried 4-0. Chairman Duer stat.ed that. for a variance be approved, Stat.e stat.ut.es require at. least four affinnative votes. He stat.ed a simple majority will not approve the case. 1. BA 92-15 Reconsideration of the request. of Gary Neisler to vary from the Zoning Ordinance No. 1080 on Lot 10-R-1, Block 8, Fossil Creek Trails Addition, t.o exceed the maximum fence height requirement. 1'his propert.y is located at 6216 Riviera Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of the request to come forward at this time. Mr. Gary Neisler, 6216 Riviera Drive, came forward to speak. He stated he purchased a new motor home about a year ago, and spoke with his neighbors about putting a new parking area for it on the side of his lot. He stated the parking area would be cut out of the hill to hide half of the motor home, and the upper portion would be concealed behind a fence. He stat.ed he was not aware the gate height was considered the fence height, and when the final inspection was done, he was told to cut the gate off at eight feet. Mr. Neisler stat.ed he wants the taller gat.e so the fence is level at the top, and for prot.ection. He stated he has had several tires slashed in the last year. He stated he wants the protection of the gate to protect his investment. Mr. Skinner asked how high the fence to the left of the gate was. Mr. Neisler stated eight feet. Mr. Skinner asked how high the fence to the right of the gate was. Mr. Neisler stated six feet. Mr. Skinner asked how high the side fence was between his house and his neighbor's. -----..., ZBA Minutes - Page 2 19 November 1992 Mr. Neisler stated six feet. Mr. Skinner asked what Mr. Neisler wanted to do with the fences. Mr. Neisler asked if he could draw a picture and show the Board his intentions. There was general discussion concerning the fence, gate, and driveway. Mr. Skinner asked if Mr. Neisler was going to cut off two feet from his gate. Mr. Neisler stated he would probably cut off about 18 inches. He stated he intends to cut it off flush, straight across. Mr. Skinner asked about the poles holding up the gate. Mr. Neisler stated he will cut those off also. Mr. Skinner asked what the gap would be between the top of the fence and the top of the motor home cover. Mr. Neisler stated about 2 feet. He stated the motor home sits back ten feet from the gate to hide the motor home as much as possible. He stated he intends to plant several trees to hide the fence. Chairman Duer asked if the fence on the left side of the gate was six feet. Mr. Neisler stated yes. Mr. Skinner asked what Mr. Neisler's projected time frame for fixing his gate was. Mr. Neisler stated he wanted to go ahead and get it fixed so it would look right. Mr. Bunting asked if Mr. Neisler was going to replace the six foot fence to the right of the gate with an eight foot fence. Mr. Neisler stated yes. Mr. Bunting asked what the height. of the gate was. Mr. Neisler stated twelve feet, but he was going to cut it off t.o be level with both fences. Mr. Bunting asked why he would want something greater than eight foot tall in the center. Mr. Neisler stated his driveway was cut down int.o the hill. Chairman Duer stated the gate will be no higher than the fences on either side. Mr. Barfield asked if the gate hanging there currently was the one he planned to keep. Mr. Neisler stated yes. He stated the gate is made of a different wood than the fences, but he plans to paint them when he is finished. ZBA Minutes - Page 3 19 November 1992 Chairman Duer stated the gate looked like a piece of plywood. Mr. Neisler stated when he cuts the gate, he intends to picket the tops. Chaim1an Duer called for anyone else wishing to speak in favor of the request to come forward. There being none, Chairman Duer called for those wishing to speak t.o come forward. He stated they did receive a letter, and asked Mr. Skinner t.o read it into the record. Mr. Skinner read the letter from Mr. William Leonard into the record. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Barfield stated his concern was the appearance of the fence, and a level fence line would look better. He stated his objection to it is the way it looks today. He stated he could support this request if the gate was not any higher than the fence line. Chairman Duer asked if there was a problem with nailing the same type of fence material to the gate. Mr. Neisler stated the gate could hold it, but he plans on painting the fence and gate anyway. He stated the fence will be picketed at the top when it is finished. Mr. Bunting asked Mr. Neisler if he plans on painting it or staining it. Mr. Neisler stated yes. Mr. Bunting stated he does not have a problem with the request if the gate were level and painted within a certain amount of time. Mr. Skinner made the motion to approve BA 92-15 with the following stipulations: that the fence and gate be of equal heights and level; that the fence and gate be painted by April 1, 1993; that the fence never exceed eight foot in height. Mr. Bunting offered an amendment that if the fences on each side are picketed, then the gate should be picketed. Mr. Skinner accepted the amendment, and stated the poles should be cut off also. Mr. Barfield seconded the amended motion, and the motion carried 5-0. 2. BA 92-16 Request of Pace Membership Warehouse to vary from the Zoning Ordinance No. 1080 on Lot 2R, Block A, Richland Oaks Addition, Third Filing, to vary from the screening fence requirement around Lot 4. This property is located at 8561 Airport Freeway. Chairman Duer stated this case has been postponed until the December meeting. Mr. Skinner asked if a letter was received to that effect. Mr. LeBaron stated yes. ZBA Minutes - Page 4 19 November 1992 3. BA 92-17 Request of Collins Signs to vary from the Zoning Ordinance No. 1080 on Lot 2, Block 4, Tapp Addition, t.o exceed the maximum sign height requirement. This property is located at 6501 NE Loop 820. Chainnan Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Pamela Cox, of Collins Signs, Dothan, Alabama, contractor for The Home Depot, came forward t.o speak. She stated she wanted to reduce the requested height to 70 feet and the size to 15 x 15 feet. She stated The Home Depot only wants to ask for what it really needs, and does not like to go overboard in using signs. She stated they traveled both east and west on Loop 820 to make sure the sign is visible and identifiable about 1/4 to 1/2 mile from the foot of the exit ramps. Ms. Cox said the requested height is enough to get the sign above the overpass from both directions. She stated the free-standing sign will be the only advertising visible from the freeway. She stated she is willing to set up a boom test if the Board so desires. She stated she would like to settle this issue within the next two weeks. She stated a Home Depot in Florida had been opened for two years before they received permission to install an interstate sign. She stated the sales then rose 28%. Ms. Cox said this sign on the Loop is expected to generate 25% of their sales. She stated the sign they are requesting is designed to have the biggest possible impact without being abusive. She stat.ed The Home Depot has opted not to put signage on the sides of the building. She stated they wanted optimal interstate visibility. Mr. Barfield asked when Ms. Cox could set up the boom test. Ms. Cox stated they could do it any day next week. Chairman Duer asked Mr. LeBaron what the logistics were of this as far as a decision making process. Mr. LeBaron stated they would table this request until they could convene at the site. Ms. Cox stated she was willing to video tape the test if the Board could not meet. Mr. Skinner asked how Ms. Cox can1e up tIle distances from the exit ramps and the sign height. Ms. Cox stat.ed a local company made a boom test for them, and the company suggested a 60 foot grade clearance to the bottom of the sign, which would make the sign 77 feet tall. She stated they rounded that off to 80 feet. Ms. Cox stated when she came out to take a look, she realized they only needed a 70 foot sign. Mr. Skinner asked if the sign could be relocated on the property to serve the same purpose. Ms. Cox stat.ed the point of visibility is the concern. She stated the Board could see that at. the boom test. She stated they moved it away from Rufe Snow, and it took the sign to a lower elevation on the property, hiding the sign even more, thus requiring greater height. She stated they moved it closer to Rufe Snow in order to get the best place and the least height. Mr. Skinner asked Mr. Pence what the grade elevation between Wal-mart and ZBA Minutes - Page 5 19 November 1992 The Home Depot was. Mr. Pence stated The Home Depot is lower. Chairman Duer asked if the pylon sign designation meant that it was a sign that could have more than one advertiser on it. Ms. Cox stated the sign is for The Home Depot only. Mr. Barfield asked Ms. Cox why The Home Depot's sign needs are greater than Wal-Mart's. Ms. Cox stated Wal-Mart is not visible when traveling west until you get to the exit ramp. Mr. Barfield asked Ms. Cox what she considered to be the exit ramp. Ms. Cox stat.ed Rufe Snow. Mr. Barfield asked Ms. Cox if she knew that if traveling west, you could exit at Meadow Lakes Drive. Chairman Duer stated that traffic control is a big problem, and less than 10 days ago, the City opened that portion of Meadow Lakes Drive, but only if you are headed west-bound. He stated it is supposed to pull traffic from the Rufe Snow exit. He stat.ed that over time, most people will get off at Meadow Lakes and come back around to Wal-Mart and The Home Depot. Mr. Skinner stated there is access from the road if you are headed west. He stated if you are headed east, you must exit Rufe Snow. Mr. Barfield stated he lives off of Meadow Lakes Drive, and anyone who goes to Home Depot more than once will eventually exist at Meadow Lakes. He stated it is much faster. He stated you could probably see a 50-foot sign well before you have to exit at Meadow Lakes. Chairman Duer stated that the sign is designed for the first time person, and repeat customers may figure out that Meadow Lakes is faster. Ms. Cox stated that The Home Depot's research department has done extensive research on the impact of their signs. She stated that over-powering signs are abusive and offensive. Chairman Duer stated the sign is very plain, but that is The Home Depot's signature. Mr. Barfield stated if he did not know the area, and was headed west, why would he think that Rufe Snow was any lllore appropriate than Meadow Lakes. He stated more research should be done on the exits. Ms. Cox stated that signs are indiscriminate, and do not pick and choose to whom they advertise. Mr. Barfield stated people may wonder which exit to take since The Home Depot is between two exit.s. He stated that Meadow Lakes Drive would be a reasonable alternative. ZBA Minutes - Page 6 19 November 1992 Chairman Duer stated that if someone called The Home Depot and asked where they were, they would probably say Rufe Snow and Loop 820. He stated he would like to have a sight test if that were possible. Mr. Bunting asked if they could go out there and make a decision on sight. Mr. LeBaron stated the Board would have to come back and have a meeting, but the Board could go out and do whatever investigation work is needed. He stated the meeting date would have to be posted at least 72 hours in advance. Chairman Duer asked Ms. Cox to get with Mr. LeBaron to set up a date and time, and Mr. LeBaron will give the Board a call. Mr. Cypert asked what ever time would fit everyone's schedule would be best. 1'here was general discussion to find a suitable date for the boom test. Ms. Cox asked if the decision will be made within the next two weeks. Chairman Duer stated hopefully yes. Mr. LeBaron stated if the Board could set a time now, it would be to everyone's advantage. There was more discussion about the meeting date. Chairn1an Duer stated the Board should get together after the meeting and cross-check their schedules. He asked Mr. LeBaron to coordinate the meeting date and let Ms. Cox know when it will be. He stated they will try to do it within the next two weeks. Ms. Cox asked if the Board were unable to convene, would a video-tape of the test suffice. Chairman Duer stated yes. Chairman Duer called for anyone else wishing to speak to come forward. There being none, Chairman Duer closed the Public Hearing. Mr. Skinner made the motion to table BA 92-17 until the Board can convene to make an on-sit.e inspection. The motion was seconded by Mr. Cypert. Mr. LeBaron stated that if a date was agreed upon soon, the meeting date could be posted early enough to have the site test and meeting on the same day. Mr. Barfield asked Ms. Cox if she could explore the issue with the two exits. Chairman Duer asked for a vote on the motion. The motion carried 5-0. 4. BA 92-18 Request of Cindy Bolton to vary from the Zoning Ordinance No. 1080 on Lot 1, Block 4, Emerald Hills Addition, to allow the house to encroach the side building line. This property is located at 7900 Limerick Lane. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at. this time. Ms. Cindy Bolton, 7900 Limerick Lane, came forward to speak. She stated the ZBA Minutes - Page 7 19 November 1992 house is about 26 years old, and she purchased it about 5 years ago. She stated the survey showed the house to be over the building line, but there were no problems with the loan. She stated she tried to refinance the house, and she cannot get the loan until she gets a legal variance. Chairman Duer called for anyone else wishing to speak to come forward at this time. 1~here being none, he closed the Public Hearing. Mr. Barfield made tIle motion to approve BA 92-18. The motion was seconded by Mr. Skinner, and the motion carried 5-0. 5. BA 92-19 Request of Volkman's Inc. to vary from the Zoning Ordinance No. 1080 on Lot 3R-2, Block 27, Holiday West Addition, to allow the house to encroach the side access easement. This property is located at 5610 Cancun Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. He stated that BA 92-20 is a similar case. Mr. Allen Dissmore, of Volkman's Inc., 904 N. Hwy 731, Crowley, came forward to speak. He stated this lot has a house on it that is built three feet into the maintenance easement on the south side of the property. He stated he is requesting a variance to allow that. He stated when the plot plan was prepared, the maintenance easement was put. on the wrong side of the lot, and it was not caught until the house was built. Chairman Duer stated this house is already built, and suggested that a vote be taken to get onto the next case, which involves a vacant lot. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Barfield made the motion to approve BA 92-19. The motion was seconded by Mr. Cypert~ and the motion carried 5-0. 6. BA 92-20 Request of Volkman's Inc. to vary from the Zoning Ordinance No. 1080 on Lot 4R-1, Block 27, Holiday West Addition, to allow the house to encroach the side access easement. This property is located at 5612 Cancun Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Allen Dissmore, of Volkman's Inc., 904 N. Hwy 731, Crowley, came forward to speak. He stated he is request is to allow the house to be built into the maintenance easement. He stated the house at 5614 was moved over into the maintenance easement because the house to the north and the one at 5614 share a driveway. Mr. Dissß10re stated they are asking to encroach 4-feet into the easement to allow for equal spacing between the houses. Chairman Duer asked if this were a true zero-lot line home, would the eaves overhang the neighboring property. Mr. Dissmore stated yes. Mr. Skinner asked if Mr. Dissmore was requesting a four-foot encroachment to the edge of the house. Mr. Dissmore stated yes. ZBA Minutes - Page 8 19 November 1992 Mr. Skinner stated that another 1-1/2 foot of overhang becomes 5-1/2 feet, making the roof six inches away from the six foot line. Mr. Dissmore stated yes. Mr. Skinner asked where the overhang of the house next door fall in relation to the six foot line. Mr. Dissmore stated the foundation of that house is six feet from the property line. Mr. Cypert asked if they would end up with about eight feet between the actual houses themselves. Mr. Dissmore stated yes, less the overhang. Chairman Duer stated all they are trying to do is center the home on the piece of property. Mr. Skinner asked if there is any room for deviation from the four feet. Mr. Dissmore stated they could move it over a little more to the north. Chairman Duer stated that would leave them three feet on one side and four feet on the other. Mr. Skinner stated he would be willing to allow three feet to keep the rest of the houses on the lot from having to be shifted on their lot. Mr. Bunting asked how many more variance they would need to apply for. Mr. Dissmore stated they may need a few more. He stated the problem is mainly on the east side of Cancun Drive. Chainnan Duer asked if there would be any problems of maintaining a home if the side went from five feet to four feet. Mr. Dissmore stated there should be no problem. Mr. Bunting asked if there was a house on either side of this particular lot. Mr. Dissmore stated there was one on both sides. Mr. Barfield asked Mr. Dissmore which he thought is better: four feet or three feet. Mr. Dissmore stated they were about the same. There was general discussion about the size of the side yards. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Bunting asked how many lots in this area has the Board approved. Mr. LeBaron stated so far only one, not including the one that was just ZBA Minutes - Page 9 19 November 1992 approved. Mr. Bunting asked how many more were in the area. Mr. Dissmore stated there is probably three or four. Mr. Bunting stated there is no hardship in this case. He stated they could make it a smaller house. Chairman Duer stated they also need to look at the aesthetics of the neighborhood, and look at whether what they are asking is against the spirit of the ordinance. He stated it. was originally zoned R-8. He stated that when the R-8 language was approved, they did not foresee tIlis type of problem. Mr. LeBaron stated that both sides of Cancun are zoned the same. He stated the problem is that on the east side, the developer was faced with existing duplexes that had side entry garages. He stated the R-8 regulations allow an R-3 type of home with two side yards. He stated the first house built would have blocked the neighboring garage, and the developer was encourage to move the house over a bit. He stated the hardship started on the adjacent lot and has moved down. Mr. Bunting stated that is the developer's problem, not the City's. Mr. LeBaron stated that the developer could have built the flfst house right on the property line, and the owner of the house next door could do absolutely nothing about it. He stated there is a difference between doing what is legally right and doing something that would be a problem for a long time. He stated the developer agreed, and the Board granted a variance on the flfst lot. Mr. Skinner stated the first developer went bankrupt many years ago. He stated Mr. Volkman bought the property and is selling homes on the street. Mr. LeBaron stated the problem really started when the City allowed duplexes to be built with common driveways with no assurance that the next one was going to get built. Mr. Bunting asked if they had to grant a variance on every single case. Mr. Cypert stated that the Board should have some sort of human element. He stated if we just followed the ordinance, there would be no need for this Board. Chairman Duer stated that area has been platted so many times that there is not ll1uch that can be done on the lots. He stated even the architects don't really know what to do with this property. Mr. Skinner made the motion to approve BA 92-20 with the stipulation that a three-foot encroachment be allowed. 'fhe motion was seconded by Mr. Cypert. Chairman Duer stated that would require the house to be moved to the north one foot. He asked Mr. Dissmore if that was acceptable. Mr. Dissmore stated yes. Chairman Duer asked for a vote, and the motion carried 4-1, with Chairman Duer, Mr. Bat1ield, Mr. Cypert, and Mr. Skinner voting for approval; and Mr. Bunting voting against approval. ZBA Minutes - Page 10 19 November 1992 7. BA 92-22 Request of Eddy Morris Enterprises to vary from tI1e Zoning Ordinance No. 1080 on Lot 35, H.W. Kelley Estates, to allow the carport to encroach the front building line. This property is located at 4312 Ken Michael Court. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Eddy Morris, Rt. 1 Box 3400, Alvarado, came forward to speak. He stated they want to construct a carport, and did not realize there was a thirty foot building line until they applied for a permit. He stated there are several carports existing in the immediate area. He stated the one he wishes to build would be thirty-two feet from the curb. He stated the home itself sits thirty seven feet from the curb. He stated the carport will be attached to the house. Chairman Duer stated there are several on the west side of the road that are pretty nice looking carports. Mr. Morris stated there is one down the street that is very similar to the one his client wishes to build. Chairman Duer asked if it was going to be a double carport. Mr. Morris stated it would be a single carport. Mr. Skinner asked if Mr. Morris had a picture or drawing of the carport he wants to build. Mr. Morris stated no, but he had a picture of one down the street. Mr. Skinner asked if any metal was involved with this carport. Mr. Morris stated only the ornamental metal on the two front posts to match her front porch. Mr. Skinner asked if the woman's garage was a single or double car. Mr. Morris stated it was a double car garage. He stated she wants the carport built on the north side. Mr. Skinner asked if she could park her cars in the garage. Mr. Morris stated she usually parks her car in the driveway. He stated her sister would be moving in with her soon. Chairman Duer asked if Mr. Morris knew when the house was built. Mr. Morris stated probably in the middle 1950's. Mr. Skinner asked if Mr. Morris wanted to exceed the front building line by seven feet., putting the carport at 32 feet from the curb. Mr. Morris stated yes. Mr. Skinner asked if the overhang would go beyond the seven feet.. Mr. Morris stated that seven feet would be the furthennost point of the ZBA Minutes - Page 11 19 November 1992 structure. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 92-22 with the stipulation that the carport be similar in design to the others on the street. The motion was seconded by Mr. Barfield, and the motion carried 5-0. CITIZEN COMMENT None. Chairman Duer stated this was a long and difficult meeting, and the packet they received made it much easier. He stated that the packets were extremely well-written, and left very few questions in his mind about the cases. He stated it makes their job as Board members a lot easier. Mr. Bunting stated the video tapes are a great help also. Mr. Skinner stated he appreciated the references to the past cases. Chairman Duer asked if they could have a cover map showing the location of all the cases so they could figure out where they have to go when looking at the sites. He asked if they ever have this many items again, would anyone like to see an additional meeting, or would they like to keep it on one night. Mr. Cypert stated the meetings usually last about the same, whether there is one case or t.welve. There was general discussion about a meeting date for the boom test concerning BA 92-17. It was agreed on by the Board D1embers to meet Tuesday, November 24, around noon. Mr. LeBaron stated the meeting date and time would be posted. ADJOURNMENT There being no further business, the D1eeting was adjourned. 7 -r ri~ Chairman Tom Duer