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HomeMy WebLinkAboutZBA 1991-04-18 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 18, 1991 - 7:30 P. M. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:30 P.M. ROLL CALL Chairman Members Alt. Member Dir. Community Dev. Building Official Code Enforcement P & Z Coordinator Tom Duer Billy Cypert Robert Skinner Jeff Bunting Richard Lawson Barry LeBaron Steve Pence Paula Cline Wanda Calvert ABSENT: Jim Kemp Steve Ingham CONSIDERATION OF THE MINUTES OF MARCH 21, 1991 Mr. Skinner made the motion to approve the minutes as written. This motion was seconded by Mr. Cypert and the motion carried 4-0 with Mr. Lawson abstaining since he was 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, Section 24.10.2, on Lot 9, Block 9, Woodcrest Addition, to be allowed to have a TV Satellite Receiver Dish on the roof of his house. This property is located at 4836 Wedgeview Drive. . Chairman Duer stated that this case came before the Board on December 20, 1990 and a public hearing was held and the case postponed to allow time for the Planning and Zoning Commission and City Council to study the satellite restrictions. He stated there were some changes made, but Mr. Wright's satellite still does not meet the requirements. Chairman Duer said it is allowed on the roof, but is not to be seen from the front of the house. He asked Mr. Wright to come forward if he had any additional information to bring. ~ ~ Page 2 Z B A Minutes April 18, 1991 . Mr. Wright came forward. He asked if there were any changes since the Planning and Zoning Commission meeting. Mr. LeBaron stated there was one minor change in the visibility angle which relates to a 24 inch distance from the eaves. He said this was removed and the language was that it could not be seen from the street in the front of the house. Mr. LeBaron gave Mr. Wright a copy of the ordinance that was approved by the City Council. Chairman Duer said the satellite dish is allowed on the roof but not if it is visible from the street without a variance. . Mr. Wright said basicly his position has not changed, he still has a problem. He said he cannot lower it on the house. Mr. Wright submitted additional pictures which were taken from the roof. He said he cannot take a picture from the front of the house because of the trees. Mr. Wright submitted two sight surveys stating his dish was in the best place for reception. He said there is no place on his lot to put a satellite dish to get any reception so he is asking for this variance. Chairman Duer said the purpose of this Board is to look at each individual case and whatever decision they make is for only that one case. Mr. Wright said his lot is very unique and the dish is in the only place it can be without cutting down some very large oak trees. . Chairman Duer stated the reason the Board did not make a decision in December, they wanted to see what the Commission and City Council's views ~ ~ ~ ~ Page 3 Z B A Minutes April 18, 1991 . were with the new technology and to see if they needed to update the ordinance. Mr. Skinner asked Mr. Wright if the reason he could not move the dish down was because of the roof or the trees. Mr. Wright said it was because of the trees. Mr. Cypert said he went to see this property and the dish is not visible except in one direction and he agrees, he would not want to cut down those large oaks. BA 90-18 APPROVED Mr. Cypert made the motion to approve BA 90-18 as requested and that Mr. Wright take out a permit for the dish within ten days. This motion was seconded by Mr. Skinner and the motion carried 5-0. . 2. BA 90-21 POSTPONED 1/17/91 Request of Charles McCaslin to vary from the Zoning Ordinance #1080, Section 24.10.2, on Lot 52, Block 1, Meadow Lakes Addition, to be allowed to have a TV Satellite Receiver Dish 14~ feet high. This property is located at 5017 Ridgeview Court. Chairman Duer stated that since adjustments were made to the Zoning Ordinance regarding satellite dishes, Mr. McCaslin will not need a variance. BA 90-21 DISMISSED Mr. Skinner made the motion that BA 90-21 be dismissed, the fee be refunded, and that Mr. McCaslin be given ten days to file for a permit. This motion was seconded by Mr. Bunting and the motion carried 5-0. 3. BA 91-04 Request of Edward A. Bostick to vary from the Zoning Ordinance #1080, Section 5.5.6, on Lot 17, Block 15, North Richland Hills Addition, to be allowed to have a carport beyond the front building line. This property is located at 6917 Victoria Avenue. . ~ ~ ~ 1 Page 4 Z B A Minutes April 18, 1991 . Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Henry Phillips, 4616 Mackey Drive, came forward. He said he lives just around the corner from the applicant. Mr. Phillips stated he would like to have a carport, too. He said he has been told you can't have them and asked how you go about getting one. Chairman Duer said you have to come before this Board and present the facts and if it is a hardship. Mr. Phillips asked what he meant by a hardship. . Chairman Duer stated there are needs and facts that could cause a hardship and the need for the variance such as there was a family that came before the Board; their family was enlarging and they needed more room, but did not have the finances to buy a larger house. Chairman Duer said the Board felt this was a hardship. Mr. Phillips asked about building an two car garage in the back yard. Chairman Duer said he needed to contact the building inspections department and they will tell him what is within the ordinance. Mr. Skinner said this Board is not here to answer these type questions. He said if you are a citizen of North Richland Hills, you are required to abide by the ordinances of the city and you must have a building permit for any expansion you wish to do. . Chairman Duer said the building inspection department can answer your questions and if you are wanting to build or remodel and it is not ~ ~ ~ ~ Page 5 Z B A Minutes April 18, 1991 . allowed, they will advise you that you may go before this Board to request a variance. Chairman Duer said if they are asking for something not within the ordinance, it is the duty of this Board is to see if they can vary from the ordinance. Mr. Skinner asked Mr. Phillips what his position was on this request. Mr. Phillips said he was for it and hopes he gets it, then he will come back for a garage for himself. 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. Skinner said it is a shame that Mr. Bostick did not show up to support his request. Mr. Ed Bostick, 6917 Victoria Avenue, came forward. He said he did not understand, he thought he would be called to speak. Mr. Bostick stated he has lived here for 31 years and he wishes to build a carport identical to the one in the pictures he submitted, the one down the street from him. He said it would be of the same quality and construction. Mr. Bostick stated that his wife is disabled and has been for a number of years and the carport would keep her from having to get out in the weather. He said also that he can only get one car in his garage. . ~ ~ ~ 1 Page 6 Z B A Minutes April 18, 1991 . Mr. Bostick said the location of the carport would not block the view and his neighbor's fence extends out past where his carport would go. Mrs. Calvert stated she received two letters in favor of this request. Mr. Bunting asked where 4513 Mackey Drive was. Mr. Bostick stated it was on the west side of the road, completely out of sight of his home. . Mr. LeBaron stated that this property has a platted 35 foot front yard building line where most of our developments now have 25 foot front building lines. He said if the Board grants a 20-22 foot variance, there would still be a considerable distance left. He said some of the lots are 190 feet deep. Mr. Skinner asked how much does he need to extend past the building line. Mr. LeBaron stated he and Steve Pence went out and measured this lot. Mr. Pence stated it would be 15 feet from the property line. Mr. Lawson said the house sets back 45 feet from the curb. BA 91-04 APPROVED Mr. Cypert made the motion to approve BA 91-04. This motion was seconded by Mr. Lawson and the motion carried 5-0. Chairman Duer advised Mr. Bostick to get a permit. . ~ ~ Page 7 Z B A Minutes April 18, 1991 . 4. BA 91-05 Request of Richmond Bay Development to vary from the Zoning Ordinance #1080, Section 30.6.4 (e), on Lot 16, Block 10, Lot 1, Block 9, Meadow Lakes Addition, and a portion of Tract A, Block 12, Fossil Creek Trails Addition, to be allowed to have three additional on-site signs in the subdivision. This property is located on Meadow Lakes Drive, west of Rufe Snow Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Bob Frank came forward to represent Richmond Bay Development. He said they feel they need the additional signs because they have no other way to get the traffic down to the development. He said they have to drive a half mile to get to the development. Mr. Frank said some builders don't even know where the development is. Chairman Duer said he could see the purpose for a sign next to the golf course entrance and one on Rufe Snow, but not the middle sign. He asked what this one was for. Mr. Frank said it was the entrance to the second phase. Mr. Skinner asked where they were building. Mr. Frank said they are building on Skylark Circle. Chairman Duer asked if the sign at the entrance from Rufe Snow could show the mileage. . Mr. Frank said he guessed it could. Page 8 Z B A Minutes April 18, 1991 . Mr. Lawson said you have one sign at Rufe Snow and three others. Mr. Frank said that was correct. Mr. Cypert asked if the sign at the Rufe Snow entrance is on his property. Ms. Cline said it has been permitted as an off-site sign. 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. Chairman Duer said he can see the purpose of one next to the golf course and one at the entrance off Rufe Snow, but not the middle sign. Mr. Cypert said the ordinance calls for only one and these will stay there a long time. Ms. Cline said temporary signs are permitted for one year. Chairman Duer made a motion to approve a sign at the end of Meadow Lakes Drive next to the entrance of the golf course and one at the Rufe Snow entrance, two on-site signs. Mr. Bunting said he questions the need for these signs. The motion died for lack of a second. . Page 9 Z B A Minutes April 18, 1991 . BA 91-05 DENIED Mr. Skinner made the motion to deny BA 91-05. This motion was seconded by Mr. Bunting and the motion to deny carried 4-1 with Chairman Duer voting against denial. 5. BA 91-06 Request of Paul E. Pence to vary from the Zoning Ordinance #1080, Section 24.13.5 (e), on Lot 14, Block 2, Flamingo Estates II, to be allowed to have a fence beyond the side building line. This property is located at 8958 Boca Raton Court. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Paul Pence came forward. He said he has a very peculiar shaped lot. He said if he put his fence on the side building line, he would take away about 25% of his back yard. Mr. Pence said he researched it so it would be safe and he only took it up 56 feet so the on coming traffic could be seen from the dead-end street. He said it will be a shadow box fence and will have a finished look on both sides where it will look nice and not have to see the back side of a stockade fence. Mr. Pence said when cars come from the south, their lights shine right into their bedroom. Mr. Cypert asked where the stop sign was. Mr. Pence explained that it is a dead end court. . Chairman Duer said the problem he has is the severe curve on Boca Raton where on-coming traffic coming north bound around that curve. He said if you go the speed limit, it might not be a problem. Chairman Duer said Boca Raton ends there now, but one day it may be opened. He said Rumfield Page 10 Z B A Minutes April 18, 1991 . Road, according the City's Thoroughfare Plan, will someday extend to Precinct Line Road and Boca Raton would feed off Rumfield Road. Mr. Pence said if he only brings the fence up so far, they will be able to see traffic at least 190 feet going from south to north even if Rumfield Road came through. Chairman Duer asked about using wrought iron or some kind of see-through fencing. Mr. Pence said there would be no privacy; there is no privacy in the back yard at all. Chairman Duer said could he start at the corner of his house and follow the curve. . Mr. Pence said if he did that, he would lose 25% of his yard. Mr. Skinner asked if from the southeast corner of house to the corner of the fence is 21 feet. Mr. Pence said it is about 23 feet. He said it would be 12 feet from the curb; the cross ties are 12 feet from the curb. Chairman Duer called for anyone else wishing to speak in favor of this request to please come forward. . John Taylor, 7409 Boca Raton, came forward. He said his property backs up to the proposed fence. He said he is here to support the applicant in his request. Mr. Taylor said it is his understanding that the city does not plan to have this a thoroughfare neighborhood. He said he parks a motor home next to his property and it does not cause a problem. Page 11 Z B A Minutes April 18, 1991 . John Sharp, 7416 Boca Raton, came forward. He said he lives across the street from the property in question and he is in favor of this request. Raymond Davis, 7404 Boca Raton, came forward. He said he lives diagonal across the street from Mr. Pence and he has no objection to having the fence as requested. Dennis Hess, 8954 Boca Raton Court, came forward. He said he lives in the cuI de sac. He said he is in favor of the request. Chairman Duer called for anyone 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. Bunting asked Chairman Duer for his opinion. Chairman Duer said if they would go the speed limit, you probably would not have a problem, but heading south and someone is coming north, you are going to have trouble seeing them. He said unfortunately, that road bends terribly; it should not have had such a large curve in the road. Mr. Pence said a shadow box fence allows for a little light through it. He said, if there were motion coming from south to north, you could see it. Mr. Pence said there are no posted speed signs in the area. He said the neighbors are going to petition to have some dead-end street signs put along Eden Road to stop so much traffic. . Mr. Lawson asked if the fence would be 12 feet from the curb. Page 12 Z B A Minutes April 18, 1991 . Mr. Pence said it would be. Mr. Bunting asked how much variance does he need. Mr. Pence said 23 feet. Mr. Bunting said the problem he has, if there was a child riding a bicycle and he did not see him. Mr. Pence said there would be no problem going from south to north; the problem is from the north end looking south. He said, at the stop sign, they could not excellerate fast enough to cause a problem. He said there is 191 feet of sight. Chairman Duer asked Mr. Pence if he would be willing to compromise and move the fence back some. . Mr. Pence said he has two trees there and the retaining wall. He said if he moves the fence away from it, it would be wasted space. There was discussion as to where he could put the fence. Mr. Cypert asked Steve Pence, Building Official, since he went out to see the property, if he had any problem with the fence being put where the variance was asked for. Steve Pence said he had no problem with it. Chairman Duer said he would like to see the Board postpone this request to allow the other members of the Board a chance to go out and look at the area. . Mr. Cypert said he feels they should give Mr. Pence his variance because he needs to use the maximum of his property since he pays taxes on it. He said this is a unique situation. Page 13 Z B A Minutes April 18, 1991 . Mr. Cypert said he feels 190 feet of sight is a long way. Mr. Bunting asked Mr. Pence if he would like for them to vote on it, postpone it, or make a compromise. Mr. Pence said he would like for any of the Board to come out and look at it at any time. He said he would like to build the fence as submitted. Mr. Pence said he would like for the Board to go ahead and make a decision. Chairman Duer asked Mr. LeBaron if the Board made a decision and then wants to change it, could they bring it back up. Mr. LeBaron said no, it would have to stand as is. . Mr. Pence suggested he put up some panels so the Board could see. Chairman Duer said if an accident occurred while the panels were up, they would be liable. Mr. Pence said he would put the ball back in the Board's court. BA 91-06 DENIED Mr. Cypert made the motion to approve BA 91-06 as requested. This motion was seconded by Mr. Skinner. The vote was 3-2 with Cypert, Skinner and Lawson voting for and Bunting and Duer voting against. The request was denied since there has to be 4 affirmative votes for it to pass. ADJOURNMENT The meeting adjourned at 8:40 P.M. 7J_ ð~ Chairman Tom Duer Zoning Board of Adjustment .