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HomeMy WebLinkAboutZBA 1991-06-20 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 20, 1991 - 7:30 P. M. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:37 P.M. ROLL CALL PRESENT: Chairman Members Alt. Member Dir. Community Dev. Building Official P & Z Coordinator Tom Duer Robert Skinner Jeff Bunting Jim Kemp Steve Ingham Barry LeBaron Steve Pence Wanda Calvert ABSENT: Billy Cypert Richard Lawson CONSIDERATION OF THE MINUTES OF MAY 16, 1991 Mr. Skinner made the motion to approve the minutes as written. This motion was seconded by Mr. Ingham and the motion carried 3-0 with Mr. Kemp and Mr. Bunting abstaining since they were not present at the meeting. 1. BA 91-07 POSTPONED 5/16/91 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 construct a fence beyond the side building line. The fence would be 2.5 feet from the property 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, 8958 Boca Raton Court, came forward. Chairman Duer stated that it takes 4 affirmative votes to approve a request. Page 2 Z B A Minutes June 20, 1991 Mr. Pence showed a drawing of his lot and where he wants the fence. He stated he felt that some of the Board's concern was for the neighbor to the south, Lot 13, Block 2, backing out of his driveway. He said that at the first meeting, Mr. Taylor was present and addressed that subject. Mr. Pence showed on the drawing how he could help this problem and give more sight as Mr. Taylor backs out his driveway. He said there is 67 feet from the corner to the edge of the fence and he could see a car well within 67 feet by cutting that little triangle corner off at the southeast corner of the fence. Mr. Pence said he believes all the Board members came out and looked at his property where he would like to put the fence. Chairman Duer said as long as this is a dead-end street, there will be no cars turning left, they would only turn right. Mr. Skinner asked what was the purpose of the fence. Mr. Pence said "privacy and security". He said people in the neighborhood have had their homes broken into; and cars coming from south to the north shine lights into their den and bedroom. He also said they have a couple of pets they would like to keep in the back yard. Mr. Skinner asked if he had been in the house very long. Mr. Pence said they moved there in October of 1987. Mr. Skinner asked why he couldn't move the fence in 8 to 10 feet and keep the angle he has. Mr. Skinner said when Rumfield Road goes through, there will Page 3 Z B A Minutes June 20, 1991 be a lot more traffic on this road. He said if you move the fence in, the two trees and the railroad ties will be on the outside of the fence, but you would have privacy and security; you would have a yard for your dogs and no lights shining in your windows. Ms. Pence said they would have some wasted yard. Mr. LeBaron showed some slides he had taken of the property. Mr. Skinner showed on the pictures how the line of sight would be if the fence were moved in 6 to 8 feet from the stakes he has. Chairman Duer asked Mr. Pence if they built their house. Mr. Pence said they did not. He said when they bought it, there was not a copy of the plat with the closing papers and he was not aware of this problem. Mr. Pence said he talked with John Johnston, Assistant Public Works Director, today about putting up a dead-end street sign, a sharp curve sign and a speed limit sign in the area. Mr. Pence said they want the fence to be safe and if that is what they need to do, they will agree to move it in 8 feet from the stakes inside the railroad ties. Chairman Duer stated that would be 10 feet from the property line instead of the 25 foot set back. Chairman Duer called for anyone else wishing to speak in favor of this request to please come forward. Page 4 Z B A Minutes June 20, 1991 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, Chairman Duer closed the Public Hearing. Mr. Bunting asked if the city would have a problem with the set back the Board is considering. Mr. LeBaron said they would not, they will go with whatever this Board decides. BA 91-07 APPROVED/STIPULATION Mr. Skinner made the motion to approve PS 91-07 with the stipulation that the fence be put 10 feet from the property line (approximately 8 feet from the railroad ties). This motion was seconded by Mr. Ingham and the motion carried 5-0. 2. BA 91-08 Request of Woodson & Cindy Carter to vary from the Zoning Ordinance #1080, Section 24.2.1 on Lot 12, Block 2, North Richland Hills Addition, to be allowed to vary from the brick requirement on a 30 by 30 foot garage. This property is located at 4104 Vance Road. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please corne forward. Woodson Carter, 4104 Vance Road, carne forward. He stated he has a petition signed by the neighbors in favor of this and has some pictures of houses in the area. Mr. Carter said he talked to the city inspector about the 75% brick. Mr. Carter said he has 10 foot walls and 75% would be 7 feet and that would not look good. He said he would like to go half way with the brick and put vinyl siding the rest Page 5 Z B A Minutes June 20, 1991 of the way up to match the houses in the neighborhood. Mr. Kemp asked if his house has brick veneer about 3 feet up. Mr. Carter said it was about 4 feet. Mr. Kemp asked if it was that way all around the house. Mr. Carter said no, part of the house is all the way up, but the back does not have any brick at all. He said he already has the brick ledge for the garage. Chairman Duer said when he originally signed the building permit he knew about the brick requirement. He asked what is the reason now for not wanting to brick it. Mr. Carter said he just got to looking at it and after talking to the city inspector, 3/4 would be 7 feet up a 10 foot wall and that would not look too good. He said he would like to match the house. He said his house sets next to a vacant lot and it would stick out like a sore thumb. Mr. Ingham asked if he wants to put all vinyl siding or some brick. Mr. Carter said he would do whatever the Board wishes. He said he would like it to match the neighborhood. Chairman Duer asked when these houses were built. Mr. Carter said one neighbor has lived there 40 years. Mr. Skinner said facing his house, the right side is solid brick and the wall facing the church is solid brick. Page 6 Z B A Minutes June 20, 1991 Mr. Carter said that is correct, but the back has no brick and the front is 4 feet up. Mr. Skinner said the variance application says you want to put on vinyl siding because of the expense involved. Mr. Carter said he would put half brick, whatever looks good. Mr. Skinner read from the Zoning Ordinance the requirement. Chairman Duer asked what was he invisioning to match the house. Mr. Carter said 4 or 5 feet up the wall, approximately 40% and the rest white vinyl siding. Chairman Duer called for anyone else wishing to speak in favor of this request to please corne forward. There being no one, the Chairman called for those wishing to speak in opposition to this request to please corne forward. Archie Moore, 4101 Cummings Drive, carne forward. He said he owns the vacant lot next to Mr. Carter. He said he owns 2 pieces of property which joins this property. Mr. Moore said he had lived there 19 years. He said the letter he received said Mr. Carter wanted to get away from the brick requirement. He said when we get away from the building requirements, the neighborhood deteriorates. Chairman Duer asked if he would agree to having it partial brick. Mr. Moore said he would agree if he would put brick part way up. He said no one carne around with a petition for him to sign. Page 7 Z B A Minutes June 20, 1991 Chairman Duer called for anyone else wishing to speak in opposition to this request to please corne forward. There being no one wishing to speak, Chairman Duer closed the Public Hearing. Steve Pence, Building Official, said if there are 2 3°5° windows on each side and looking at the front door, if he takes his brick up 4 feet around the building, he would only be 3.75 square feet short of meeting the 75% requirement. Mr. Kemp said you are excluding the windows and doors. Mr. Pence said that is correct. Mr. Ingham asked if the windows were 4 feet. Mr. Carter said they were 3 feet. Mr. Bunting said he wonders if he needed to request a variance. Chairman Duer said he does not meet the 75%. Chairman Duer said he agrees with the neighbor, he thinks he should try to keep the ascetics of the neighborhood and to match what is already there. Mr. Bunting said he questions the need for a variance. Mr. Kemp said the request was for all vinyl. Mr. Carter said all he had to go on was the city inspector said it had to go up 7 feet. Page 8 Z B A Minutes June 20, 1991 Mr. Ingham made a motion to approve BA 91-08 with the stipulation that the brick be at least 4 feet high. BA 91-08 APPROVED/STIPULATIONS Mr. Bunting said he would like to add some to this motion. He wants the same stipulation that the brick be at least 4 feet high and also that the city would reimburse Mr. Carter for his fee for the variance. Chairman Duer asked for a second on the new motion. Mr. Ingham seconded the new motion and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 8:10 P.M. JJ. 7~ .i~ Torn Duer, Chairman Zoning Board of Adjustment