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HomeMy WebLinkAboutZBA 1991-01-17 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 17, 1991 - 7:30 P. M. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:33 P.M. ROLL CALL PRESENT: Chairman Members Alt. Member Dir. Community Dev. Building Official Code Enforcement P & Z Coordinator Tom Duer Billy Cypert Jeff Bunting Robert Skinner Steve Ingham Barry LeBaron Steve Pence Paula Cline Wanda Calvert ABSENT: Jim Kemp Richard Lawson CONSIDERATION OF THE MINUTES OF DECEMBER 20, 1990 Mr. Ingham made the motion to approve the minutes as written. This motion was seconded by Mr. Skinner and the motion carried 3-0 with Mr. Bunting and Mr. Cypert abstaining since they were not present at the meeting. . 1. BA 90-18 POSTPONED 12/20/90 Request of R. E. Wright to vary from the Zoning Ordinance #1080 on Lot 9, Block 9, Woodcrest Addition, to be allowed to have a TV Satellite Disc Receiver on the top of his house instead of in the rear yard behind a 6 foot fence of wood or masonry construction as required in Section 24.10.2 of the Zoning Ordinance #1080. This property is located at 4836 Wedgeview Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Bob Wright, 4836 Wedgeview Drive, came forward. He stated he needs a variance from the ordinance regarding satellite disc because he has several large Oak trees. Page 2 Z B A Minutes January 17, 1991 . Mr. Wright said he feels the ordinance is over restrictive and discriminatory. He said if it is going to regulate satellite dishes, why not also regulate towers and antennas. Mr. Wright said he does not feel the small one on his roof should be a problem. Mr. Wright stated he received some information regarding cases that had been tried in court. He gave exerts from an 11 page memorandum to the Board. He also gave them a copy of the 11 page memorandum. Mr. Wright stated this memorandum was written by a lawyer with the satellite company. Mr. Wright stated that it is his intension to take this information to the Zoning Board. He said this is both time consuming and expensive. . Chairman Duer stated that he wrote a letter to the Planning and Zoning Commission regarding ZBA's concerns regarding Satellite Disc Receivers. He said P & Z is having two workshops next week, the 21st and 24th. Mr. Wright stated one of his neighbors asked what the fuss was all about. Mr. Wright said the satellite channel is from southeast to southwest. He said the leaves on the trees are an absorber. He passed out a site survey to the Board which states there is no place in the back yard to put the dish. Mr. Bunting asked if he checked the city ordinance before he installed the dish. Mr. Wright said he did not. . Mr. Skinner asked if Mr. Wright would take out 1 & 2 trees, would it work. He asked if the man doing the survey gave him any idea how he could change it. Page 3 Z B A Minutes January 17, 1991 . Mr. Wright said he did not. He passed out pictures of his house and yard and pictures of others in North Richland Hills. Mr. Wright said the place where he bought the dish said they leave getting the permit up to the owner. Chairman Duer said he felt they were shirking their responsibility. He said he feels the city should send a letter to this man and advise him it is his responsibility to take out a permit. . Mr. Wright gave a site plan of his property showing trees on his property and also trees on his neighbor's property. He said he would have preferred to have a ground unit approximately 10 to 12 feet, but said he had to settle for a 7 foot dish on the roof. Mr. Wright said he checked different cities to see what they required. Mr. Wright said he feels he has showed the Board why he needs a variance. Chairman Duer called for anyone else wishing to speak in favor of this request to please come forward. There being no one, the Chairman called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. BA 90-18 POSTPONED Mr. Cypert stated that the Zoning Board is going to review the requirements for TV Satellite Disc Receivers so if it would not pose a hardship on Mr. Wright to wait, he would like to make a motion to table this request until the Board gets . Page 4 Z B A Minutes January 17, 1991 . information back from P & Z. Mr. Skinner said he is in favor of tabling this but would like to amend the motion to include that any information on this case will be reviewed each month. Mr. Cypert stated if the ordinance is amended, Mr. Wright might be in compliance and might not need a hearing. Chairman Duer said he is in favor of tabling this request also. He said maybe it is time to revise the ordinance. Mr. Skinner said he requests the information submitted tonight be made available to P & Z. . Mr. LeBaron said he has sent off for some material from a national publication and should be receiving it soon. Mr. Skinner seconded Mr. Cypert's motion to postpone BA 90-18 and the motion carried 5-0. 2. BA 90-21 Request of Charles McCaslin to vary from the Zoning Ordinance #1080 on Lot 52, Block 1, Meadow Lakes Addition, to be allowed to have a TV Satellite Disc Receiver 14~ feet high instead of the maximum 10 feet. This property is located at 5017 Ridgeview Court. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Charles McCaslin, 5017 Ridgeview Court, came forward. He said he had lived there 1~ years and about 6 months ago, he had a 14 foot 8 inch satellite dish put in concrete next to the back of his house. He said he thought the installer got a permit. ~ Page 5 Z B A Minutes January 17, 1991 . Mr. McCaslin said someone turned him in. He said he has pictures of dishes that have been there 6 years that are taller than his. Mr. McCaslin said he and his attorney have talked to Mr. LeBaron several times and Mr. LeBaron even came out and looked at it and said it looked alright to him, but it did not meet the ordinance. Mr. McCaslin said the zoning ordinance is broken every day in North Richland Hills. He said if he can't have his satellite, there is going to be problems; someone is going to be sued. Chairman Duer called for anyone else wishing to speak in favor of this request to please come forward. . There being no one, the Chairman called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. McCaslin gave the Board some pictures of dishes in the NRH area. Mr. Cypert stated the ordinance went into affect in 1987 and some of these would be grandfathered. Chairman Duer asked who decides if they are grandfathered. Mr. LeBaron said they would be non-conforming and if they do any changes, it would have to be brought into conformance with the ordinance. Mr. McCaslin said his dish is 10 feet and if you put it on any pole, it would be over the limit. . Chairman Duer said he thinks it would be advisable to attend the P & Z workshop on Thursday. Page 6 Z B A Minutes January 17, 1991 . Mr. McCaslin said he has a pool and this is the only place he could put the dish for reception. Mr. Skinner asked if he has the name of the person who installed his dish. Mr. McCaslin said he could get it for them. BA 90-21 POSTPONED Mr. Cypert said he would like to make the same motion as in the previous case. He made the motion to postpone BA 90-21 until P & Z has time to review the ordinance and then come back and review the case. Mr. Bunting said if the revision is in his favor, there would be no need for review. . Mr. Skinner seconded the motion and the motion to postpone BA 90-21 carried 5-0. ADJOURNMENT The meeting adjourned at 8:25 P.M. ) 7fl-- ~~. Tom Duer, Chairman Zoning Board of Adjustment .