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HomeMy WebLinkAboutZBA 1992-12-17 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS December 17, 1992 - 7:30 p.m. CALL TO ORDER The meeting was called to order at 7:40 p.m. by Chairman Tom Duer. ROLL CALL PRESENT Chairman Members Tom Duer Jeff Bunting Bill Cypert Robert Skinner Barry LeBaron Steve Pence Clayton Husband Mark Barfield Steve Ingham Jim Kemp Dir Plantl nsp Building Official PZ Coordinator ABSENT CONSIDERATION OF MINUTES OF NOVEMBER 19, 1992 Mr. Cypert made the motion to approve the minutes. The motion was seconded by Mr. Skinner, and the motion carried 4-0. CONSIDERATION OF MINUTES OF NOVEMBER 24, 1992 Mr. Cypert made the motion to approve the minutes. The motion was seconded by Mr. Bunting, and the motion carried 4-0. Chairman Duer thanked the members of the Board who were able to attend this special meeting. 1. BA 92-23 Request of Adiene Jones to vary from the Zoning Ordinance No. 1080 on Lot 1, Block 1, Barlough Addition, to allow for outside storage. This property is located at 6513 Smithfield Road. Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Adiene Jones, 6513 Smithfield Road, came forward to speak. She stated she has rented a lease space to Metro Irrigation. She stated the storage area is well-kept. She stated when they bought the property, it was in several zoning districts. Ms. Jones stated she rezoned the property several years ago to allow a certain tenant to lease there. Chairman Duer asked if she was the one who bought and developed the property. Ms. Jones stated yes. Chairman Duer asked if there were any chemicals stored in the area. Ms. Jones stated no, only pipe. Mr. Skinner asked how long the tenant has been there. Ms. Jones stated six years. Mr. Scott Mitchmore, of Metro Irrigation, came forward to speak. He ZBA Minutes - Page 2 17 December 1992 stated he was here to answer any questions the Board might have. He stated the fencing has been there for six years. He stated they do not intend to add anything to the storage; it is only used to store PVC pipe that will not fit in the building. Mr. Mitchmore stated it is well maintained. Chairman Duer asked if any of the property abuts residential property. Mr. Mitchmore stated where they are located there is none, but part of the back portion of the property backs up to some residential. Mr. David Nelson, 5417 Bryce Canyon, Ft. Worth, came forward to speak. He stated he was representing First Baptist Church of Smithfield. He stated if the variance is approved, the church would like language placed in to keep the storage area from expanding. He stated the area is well maintained. He stated his concern was the storage area expanding. He stated they do not view the area as a problem at this time. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Bunting asked how the grandfather clause fits in. Mr. LeBaron stated that if the storage area was there before the ordinance was passed, then it was grandfathered. He stated if the business changes ownership, the grandfather clause has no effect, and that is why the applicant had to come before the Board. Chairman Duer stated his concern about any chemicals that might be stored in the area. He stated it is reasonable to keep the area the size that it is now. Mr. Bunting asked how they could enforce the requirement of not expanding the area. Chairman Duer stated that if they move a fence, they have to get a fence permit. He stated that would trigger any action the City might need to take as far as enforcement. Mr. Cypert made the motion to approve SA 92-23 with the stipulation that the size of the area remain the same, and that the type of materials being stored does not change. Chairman Duer offered an amendment to the motion to include no storage of chemicals or chemical containers. Mr. Cypert accepted the amendment to his motion. The amended motion was seconded by Mr. Skinner, and the motion carried 4-0. Chairman Duer stated that the Zoning Board of Adjustment was the final Board that any request heard tonight would go before. He stated that any appeal of decision from this Board should go to the state district court system.. 2. BA 92-24 Request of Janet Golightly to vary from the Zoning Ordinance No. 1080 on Lots 5 and 6, College Acres Addition, to allow horses and cattle on the property, and to allow for a metal barn to be built. These properties ZBA Minutes - Page 3 17 December 1992 are located at 8040-8044 Green Valley Drive, near the intersection of Ember Oaks 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. Skinner stated that this Board should not hear this case since it almost involves changing the zoning on the property. Chairman Duer stated the Board does hear variances and exceptions within certain limits. Mr. Skinner stated to allow horses in a residential district is almost changing the zoning to an agricultural type district. Mr. LeBaron stated that it was probably an interpretation problem. He stated that if someone requested a variance to put a convenience store in a residential zone, that would be an attempt to circumvent the zoning change process. He stated that this case, dealing with horses and cattle, is a gray area that the Board will have to decide for itself how it wishes to handle it. Mr. Bunting asked if outdoor storage was allowed in C-2 zoning. Mr. LeBaron stated yes, that 20-percent of the lot could be used for outdoor storage. Mr. Bunting stated that this case could be very similar to the previous one. Chairman Duer stated that the Board hears these types of requests, and that if the applicant wants it to be heard this way, the Board has the duty to hear it. Mr. LeBaron stated that one of the purposes of this Board is to get clarification on those types of issues. Ms. Janet Golightly, 7000 Lowery Lane, came forward to speak. She stated the two lots comprise four acres. She stated there are many barns and animals on Green Valley at this time. She stated they want the property so her son could stable his horse here. Ms. Golightly stated she realizes that they cannot keep a great number of cattle or horses on the property. Chairman Duer asked if she was planning to live on the property. Ms. Golightly stated yes, they plan to build a house and a barn. Chairman Duer asked if she was going to build the house first. Ms. Golightly stated they would like to build the barn first since it could be done the quickest. She stated they would rebuild the fence around the property. Chairman Duer stated that property was possibly zoned R-3 so more subdivisions could be built. ZBA Minutes - Page 4 17 December 1992 Mr. Skinner asked who else around there has barns and cattle. Ms. Golightly said there is a barn to the east, and one across the street to the northeast. She stated there are barns and horses to the southeast and southwest of the lots. Mr. Bunting asked Ms. Golightly to come forward and generally point out where the barns are on the map. There was general discussion about the barns and horses in the area. Chairman Duer stated that the property to the north of the school was zoned for residential use, and there was a subdivision proposed for the land but it was never platted or built. Mr. Cypert asked if the property to the south of the school was under final plat. Mr. LeBaron stated yes, that there is a 56 lot subdivision proposed for that site. Mr. Skinner asked if Ms. Golightly intends to purchase this property and build a house and a barn on it. Ms. Golightly stated yes. Mr. Skinner asked if there were houses on either side of the property. Ms. Golightly stated yes. Mr. Skinner asked if those residences were occupied. Ms. Golightly stated yes. Mr. Skinner asked if those people had cattle or horses. Ms. Golightly stated no. Mr. Skinner asked if either one has a barn. Ms. Golightly stated the one on the west side does. Mr. Skinner asked how large of a barn she wants to put up. Ms. Golightly stated she was not sure. Mr. Cypert asked if she could estimate the number of horses or calves that she would place on the four acres in addition to the barn and residence. Ms. Golightly stated there would probably be one calf. Mr. Ed Tweedy, 220 Oakmont Drive, Trophy Club, came forward to speak. He stated he is a Realtor representing the estate of Dean Waushman, the owner of the property. He stated they have been trying to sell this property for about the last three years. He stated the Golightly's plan for the property is an excellent one. He stated they ZBA Minutes - Page 5 17 December 1992 would put pipe and cable fencing around the property. Mr. Tweedy stated they are looking at a three-stall barn. Mr. Bunting asked who Dean Waushman was. Mr. Tweedy stated that he is the owner of the property, and is attempting to sell the property. Mr. Mack Garvin, 6908 Little Ranch Road, came forward to speak. He stated he was not sure how it was zoned in 1984, but there were many areas zoned agriculture. He stated that this property is probably in the same situation that Morgan Meadows was several years ago. Mr. Garvin stated the Council addressed this issue several years ago with the adoption of the R-1-S district which allows persons to keep horses and cattle in a residential zone. He stated their intent is good with their desire to build a home and barn and keep livestock. He stated four acres is certainly enough room for several horses and cows. Chairman Duer asked what the restriction on the number of animals per acre is. Mr. Pence stated one animal per acre. Mr. Garvin stated that Morgan Meadows is currently zoned R-1-S, and the Council has rezoned many properties in the City to R-1-S that were one acre or more in size. Mr. Skinner stated they have the option of requesting a zoning change on this property. Mr. Garvin stated that is correct. He stated they would have to come back before this Board because of the metal barn. 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 at this time. Ms. Jane Johnson, 8209 Woods Lane, came forward to speak. She stated there is no barn on Green Valley Drive. She stated the only barn is on the corner of Davis and Green Valley. She stated the person at the end of Woods Lane has two horses. She stated that there used to be horses and cattle on the property to her north. Ms. Johnson stated she would prefer that it be developed with a street and smaller homes. Mr. Paul Oglesby, 7800 Clover Leaf Drive, came forward to speak. He stated he was unsure of what the variance was all about. He stated there is only one barn on Green Valley. He stated there is not enough land to keep too many horses. Mr. Oglesby stated the zoning is established, and no matter where the barn is built, someone will have to deal with it. Mr. Russell Johnson, 8209 Woods Lane, came forward to speak. He asked about the 100-foot distance from residences. He stated that they do not want to be subjected to the smell and odors of animals. He stated there are many neighbors here tonight protesting the change. Mr. Johnson stated he wants to see it develop as nice homes. ZBA Minutes - Page 6 17 December 1992 Mr. David Stroud, 7936 Green Valley Drive, came forward to speak. He stated he lives just to the west of the property under consideration. He stated his concerns were about how big of a barn and how many animals, but those questions had been answered. He stated there is an open water well on the property. He stated it is close to 3D-feet deep. He stated his concern for the kids that come onto the property. He stated it is big enough for a person to fall into. Chairman Duer asked Mr. Pence to check into that first thing in the morning. Mr. Bunting asked what the City can do about that. Mr. Pence stated that there are programs through public works to cap the wells. There being no one else wishing to speak concerning this request, Chairman Duer closed the Public Hearing. Mr. Bunting stated he was concerned that so many people came out to speak against this request. Mr. Cypert stated that this is a zoning issue more than a Board of Adjustment issue. He stated there is an avenue in which the R-1-S district can be looked at and applied for. He stated the Board could look at the barn. He stated that since there is an avenue available to look at the zoning of the property, then that is the avenue that should be followed. Mr. Skinner stated his agreement, and stated his concern that no plans are in existence for the property. Chairman Duer stated this Board looks to see if there is an undue hardship for the property. He stated there are too many unanswered questions concerning this property. He stated the applicant can pursue a zoning change and let the Council decide those matters. He stated if they do want a metal barn, they can come back before this Board with that request. Chairman Duer asked for a motion for approval of BA 92-24. Due to the lack of a motion, the request was denied. Chairman Duer stated they can pursue this further through the state district court system, or they could apply for a zoning change to R-1-S. 3. SA 92-25 Request of James Shaw to vary from the Zoning Ordinance No. 1080 on Lot 4, Block 1, Morgan Meadows Addition, to allow a wrought iron fence to be built without brick posts. This property is located at 6901 Little Ranch Road. Mr. James Shaw, 6901 Little Ranch Road, came forward to speak. He stated the frontage of his property would require 25 brick posts, and he cannot find any brick to match the existing brick on the house. He stated the posts cost about $300-$400 each. Mr. Shaw presented a picture of the type of fence he is wanting. Chairman Duer asked Mr. Shaw what the estimated cost is of building ZBA Minutes - Page 7 17 December 1992 the fence he wants. Mr. Shaw stated about $2,000. Mr. Skinner asked what the purpose of the fence was. Mr. Shaw stated to improve the looks of his property. Mr. Skinner asked which side the driveway was on. Mr. Shaw stated the north side. Mr. Skinner asked how he intends to incorporate the wrought iron fence with the driveway entrance. Mr. Shaw stated he would angle the fence into the driveway. Mr. Skinner asked if there would be a gate across the driveway. Mr. Shaw stated not at this time. Mr. Mack Garvin, 6908 Little Ranch Road, came forward to speak. He stated he lives across the street from Mr. Shaw, and is representing several neighbors in the area. He stated he spoke to the neighbors and none are in opposition. He stated to the north of the property is a pipe fence. Chairman Duer asked if Mr. Garvin thought this fence would improve the property. Mr. Garvin stated yes, that the fence would make the property look nice. He stated that having 25 brick posts would look terrible. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert stated that is a unique area with a country atmosphere. He stated he feels that the requirement for brick columns was intended for walls around subdivisions, not around individual properties. He stated that Mr. Shaw could put up a chain link fence with no problem at all. Mr. Cypert stated that the proposed fence would be an asset to the area. Mr. Bunting stated the cost alone of constructing 25 posts could be considered a hardship. Mr. Cypert made the motion to approve BA 92-25 as presented. The motion was seconded by Mr. Bunting, and the motion carried 4-0. 4. BA 92-26 Request of Clifton Baker to vary from the Zoning Ordinance No. 1080 on Tract 6C, J. Barlough Survey, Abstract 130, to allow a landscaped, permanent off-premise development sign. This property is located on the east side of Davis Boulevard, approximately 800-feet south of Newman Drive. Mr. Willard Baker, 6447 Flintbrook, Dallas, came forward to speak. Mr. Baker introduced his son Clifton Baker. He stated that E-Systems owns over 400 acres east of Davis. He stated they are developing Spring ZBA Minutes - Page 8 17 December 1992 Oaks Estates. He stated that the subdivision is about one-half of a mile east of Davis on Cannon Drive, a road they are partially constructing. Mr. Baker stated that Cannon Drive will eventually tie into Grapevine Highway. He stated the intent is to develop the 88 lots in Spring Oaks. He stated if that goes well, they may progress into other phases to the east. He stated in order to present the subdivision to the public, they would like some type of decoration at Davis and Cannon. He stated they intend to build a landscaped wall on each side of Cannon with signs that say Spring Oaks. Mr. Baker stated they have a quote and agreement with a contractor to demolish the sign if it ever becomes unsightly and the City wants it torn down. Mr. Baker presented a drawing of the proposed wall. Mr. Skinner asked what was going on the wrought iron on the wall. Mr. Baker stated it would just be plain wrought iron. There was general discussion regarding the appearance of the sign and planter boxes. Chairman Duer asked if there would be any lights on the sign. Mr. Baker stated no. Mr. Skinner stated that each year they must apply for a new permit, and if it does get into a state of disrepair, the City can issue a letter requesting that it be torn down. He asked where the on-site development headquarters would be. Mr. Baker stated it would be in two model homes within the subdivision. Chairman Duer asked what was happening to the property between Davis and the subdivision. Mr. Baker stated it is zoned for commercial and apartments. Mr. Bunting asked if they owned the property that this sign was to be built on. Mr. Baker stated they have a close working relationship with E-Systems to develop the property. Chairman Duer asked what the cost was to tear down both signs. Mr. Baker stated about $500, and they were willing to provide whatever documentation was necessary to facilitate the demolition. Mr. Bunting asked if the Board could approve a variance to allow someone to build something on someone else's property. Chairman Duer stated yes, with the property owner's permission. Mr. Skinner stated that whoever applies and receives the permit is responsible for the sign. Chairman Duer stated the Board would feel more comfortable if a letter from E-Systems was sent to the City granting permission to build the ZBA Minutes - Page 9 17 December 1992 sign. Mr. Skinner asked if the developer was allowed to have any more signs on the site. Mr. Pence stated they are allowed a development sign on the subdivision property. He stated they are allowed one on-site and one off-site sign. Mr. Bunting asked if they could postpone the request until a letter is received from E-Systems. Mr. LeBaron stated they could incorporate that into the motion if desired. He stated it is a matter of internal policy that whenever someone takes out a permit on property they do not own, a letter granting permission from the owner is always required before the permit is issued. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Skinner stated the Board has denied similar signs in the past. He stated he applauds these people for coming before the Board to do something that will aid in the growth of the city. He stated if anything should happen, the city has the permit to fall back on. Mr. Skinner made the motion to approve SA 92-26 with the stipulation that a letter from E-Systems granting permission to put up the sign, and that the money required for demolition of the sign be placed in escrow. Mr. Cypert seconded the motion, and the motion carried 4-0. CITIZEN COMMENTS None. Mr. Skinner stated that he would like to see the Pace Warehouse case come before the Board in January. He stated they have been bucking the system for too long now. Mr. LeBaron stated that Mr. Neisler has yet to take out a permit for his fence. He stated that there was some question about when Mr. Neisler had to have the fence completed. Mr. LeBaron stated that listening to the tape indicates that the fence should be painted by April 1 , 1993. He stated that a letter has been sent to Mr. Neisler, but the city has not received any response. Mr. Cypert stated that staff should take the next appropriate action to make sure that it gets completed. Mr. Skinner stated that in the next letter, a deadline should be set, and if the deadline is not met, Mr. Neisler should be fined accordingly. Chairman Duer stated that he though April 1 st was rather generous. He stated 30 days would be sufficient. Mr. Skinner stated that it is very clear on the tape what April 1 st was for. Mr. Skinner stated that the permit would be good for six months no matter when he took the permit out. Mr. LeBaron stated they are attempting to make sure that people apply for a building permit before the apply for a variance, so the Board will ZBA Minutes - Page 10 17 December 1992 know what they are trying to build. He stated the case concerning the barn was really contingent upon them buying the property. Chairman Duer stated that if they had more information they might have reached a better decision. Mr. Skinner stated he would like to see all the members of the Board get to the meetings on time so they can go over these cases before the meeting starts. He asked what it would take to increase the number of members on the Board. Mr. LeBaron stated that state statutes allow the Board to have up to four alternates. He stated this Board only has two. Chairman Duer stated that some people may lose interest if they keep coming and do not get to vote. Mr. Skinner stated one night per month is not that big of a burden. ADJOURNMENT There being no further business, the meeting was adjourned. 7~- Tom D er, Chairman