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HomeMy WebLinkAboutZBA 1991-08-15 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 15, 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 PRESENT: Chairman Members Alt. Member Dir. Community Dev. P & Z Coordinator Tom Duer Billy Cypert Jeff Bunting Robert Skinner Jim Kemp Steve Ingham Barry LeBaron Wanda Calvert ABSENT: Richard Lawson Since all regular members are present, Alternate Member Steve Ingham will not vote. CONSIDERATION OF THE MINUTES OF JULY 18, 1991 Mr. Skinner made the motion to approve the minutes as written. This motion was seconded by Mr. Kemp and the motion carried 5-0. 1. BA 91-09 DISAPPROVED-7/18/91 Discussion and possible reconsideration of the request of William & Elaine McCallion to vary from the Zoning Ordinance #1080, Section 24.11.2 (a) on Tract 1B16, S. Richardson Survey, Abstract 1266, to be allowed to construct a swimming pool in their side yard. This property is located at 7401 Continental Trail. This request was disapproved at the July 18th meeting. Chairman Duer said the reason he felt they needed to reconsider this request was we received a clarification from John Johnson, Assistant Director of Public Works Department that the street would probably never be extended. He read the memo: "The City of North Richland Hills does not have any plans for the extension of Page 2 Z B A Minutes August 15, 1991 Valley Drive, north to Wilson Road. If the property develops to the north of Continental Trail and the development plan includes the extension of Valley Drive, the developer will be required to construct a bridge across Little Bear Creek. The probability of a development plan which would include the extension of Valley Drive is highly unlikely due to the cost of constructing the required bridge." Chairman Duer said some of the Board members were concerned that the pool would be too close to the road if it were extended. Mr. Bunting said he was concerned at the size of the land they had out there, 50% or so was flooding out. He said he had felt the variance should be granted. Mr. Cypert said the reason he felt the variance should be granted was the hardship it would cause to relocate the septic system that was already established. He said that would be a major task. Mr. Cypert said the septic system would have to be located some place in the flood plain area, then it would be inoperable and would add to possible contamination of water in the future. Mr. Skinner said he was in disagreement with him (Mr. Cypert and his previous comment) in that I asked the gentleman point blank the reasons why he could not move his lateral lines or septic tank which you say will be in the flood plain. He said the gentleman also mentioned that the flood plain did not come that far up to his house; number two, that he could move the lateral lines, he did not and could not locate where the septic tank was, and the ordinance plainly states there will be no pools in North Richland Hills on the side of Page 3 Z B A Minutes August 15, 1991 a house. Mr. Skinner said these are his justifications for voting no and it was discussed and he asked questions of the gentleman and he gave him the answers and they are in the minutes. Mr. Cypert said the reason for the Zoning Board of Adjustment is to look at hardships of individuals. He said if we were to go strictly by the Zoning Ordinance, there would not be a Zoning Board of Adjustment, there would not be a need for us to be here. Mr. Cypert said we are here to recognize the needs of the citizens of this community and if at all possible adhere to those needs. Mr. Cypert said he feels it is a hardship to take an existing lateral system thats in place and cause that individual to be out financial loss to move it when it does not harm anyone to have the pool in the side yard. Mr. Cypert said just because the ordinance states no pools in the side yard, we look at each individual case. He said that is why the Zoning Board of Adjustment was established. Mr. Bunting said the street is not going to go through so it does not seem to cause any problem at all with the pool on the side yard. Mr. Cypert said if he had some reservations on the side yard, that would have cleared them up, but now the city has given us the additional information. Chairman Duer said these are ranchettes of 5 acres or more, an exclusive housing addition with no 20 foot set backs and 10 feet between the houses, and you would have more leadway. He said in talking to the applicant since he was turned down last month, he said the only other place they had been Page 4 Z B A Minutes August 15, 1991 able to find to put the pool to not be near the flood plain, was to destroy 7 mature trees. Chairman Duer said he sees no need to kill 7 mature trees just so he can stay within the zoning ordinance. Mr. Kemp said the problem he had with the request was the street. He said the problem he has now is why don't they just do away with the street. He said it is more of a trail than a street. Chairman Duer said that would have to be taken care of by the city, but the chance of this road being built is very slight because of the flood plain it would have to go through. Mr. Kemp said the fence there is not a barrier, not a very good fence. Chairman Duer said if they build a pool, they would have to go by all the zoning requirements of a 6 foot fence, etc. and they understand that. Mr. Skinner said the thing that bothers him is all we saw were plans to put the pool on the side of the house, no negative reasons why it shouldn't be in the back of the house, where the septic tank and lines were. Mr. Skinner said that is why he sticks by the ordinance and he thinks it should be in the back of the house. He said he asked the gentleman and he said 100 feet from the house was lateral lines and he was not sure where they went and the trees were never mentioned. Chairman Duer said at the time he was turned down, he did not see the possibility of being turned down because it is such a large area. He said there had been no alternative design because he did not want to put Page 5 Z B A Minutes August 15, 1991 it in the back of the house because of the flood plain, but now he has looked at other possibilities and the only other place is where he would have to destroy the trees. Mr. Bunting asked Mr. Skinner if he does not believe Mr. McCallion when he says his property floods out. Mr. Skinner said he did not say that; he said yes the man said it flooded. Mr. Skinner said he has visually seen the property and there is still plenty of room for the pool. He said he believes that Flamingo Pools just designed it for the side. Mr. Skinner said he feels they should design one for the rear of the house and submit the reason why or why not he can not move the lateral lines. Mr. Skinner said there are also mature trees where he wants the pool. Chairman Duer said he does not believe there are 7 of them that would have to be destroyed. Mr. Skinner asked where the "7 mature trees" came from. Chairman Duer said it came from the owner. Mr. Skinner asked if he had visually seen the property. Chairman Duer said he had visually seen the property and there are trees all through that area. Mr. Bunting said we have to assume the applicant is telling the truth. Chairman Duer said we have to assume every applicant that comes before this Board is being honest with us. Page 6 Z B A Minutes August 15, 1991 Mr. Skinner said it is the purpose of the Board to see each one of these cases before it comes before the Board and visually see everything ourselves. Mr. Cypert said he did see it and he did show us on the plans that night the location of the septic tank; it is in the minutes. He said the reconsideration is for the additional information given by the city about the street and in his case, he supported the case at the last meeting and with the city's additional information, it strengthens his support of the request. Mr. Cypert said an individual pays money for property, a unique property as this is, he needs to be able to use this property to the fullest desires, not someone else's as long as it does not create a hardship for anybody else. He said he does not see this would create a hardship for anyone else. Mr. Bunting read from the minutes of the last meeting, July 18th, 1991, page 2, paragraphs 4, 5, and 6: "Mr. McCallion said it was approximately 100 feet, but that is in pasture now. He said they don't have a 100 foot back yard, they have a 20 foot back yard and the rest is in pasture and they have lateral lines there. Mr. Skinner asked where the septic tank or tanks and lateral lines are located. Mr. McCallion showed the Board where they were located. He also showed where his property severly drops off." Mr. Bunting said he essentially has a 20 foot back yard, the rest floods out. Mr. Skinner said that is your assumption it floods out. Mr. Bunting said he has a 20 foot back yard and the rest floods out; if that is not a hardship, he does not know what is. Page 7 Z B A Minutes August 15, 1991 Chairman Duer said we would hear more about the flooding there if there were houses built there, but there are only about 8 houses there and anyone of the people who live there could show you the flood line in their yard. He said the neighbors are anywhere from 50 to 70 yards away from each other and the side pool requirement was more entailed to keep from impacting the other neighbors. Chairman Duer said he could not see how this pool in the side yard could impact a neighbor, besides the neighbors were contacted and not one was in opposition to it. Mr. Cypert said he would like to make a motion to reconsider a vote with the additional information that was provided by the city that was not available at the last meeting. Chairman Duer stated they do not have to have a vote to reconsider the case, they can just vote on the motion. BA 91-09 APPROVED Mr. Cypert made the motion to approve BA 91-09 as requested. This motion was seconded by Mr. Bunting and the motion carried 4-1 with Cypert, Bunting, Kemp, and Duer voting for and Skinner voting against. The motion carried. 2. BA 91-10 Request of Garrett Sherman to vary from the Zoning Ordinance #1080, Section 5.5.3 (b) on Lot 1, Block 2, Eden Addition, to be allowed to have a 6 foot side building line instead of the required 20 foot side building line on Corner lots. This property is located at the southeast corner of Ashcraft Drive and Eden Road. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Page 8 Z B A Minutes August 15, 1991 Chairman Duer stated it takes 4 affirmative votes to approve a request. Mr. Garrett Sherman came forward. He said he made this request after being turned down for a building permit on this lot. He said he is a developer of the subdivision seven years ago and feels this is undue hardship and will affect the value of the lot. Mr. Sherman said he has pictures of the area showing it would not affect traffic or sight line. He said this house would be on a 25 foot building line and there is an architectural fence that has been there for years. He said the house would set back 29 feet on the west side. Mr. Sherman said the sight line is controlled by the architectural fence and the house will not have any baring on the sight. Mr. Sherman said the city will not allow a side entry garage on this lot from the side street. He said at the time this subdivision was platted, it was reviewed by the different bodies and engineers, and the side line was never brought up. Mr. Sherman said he has a signed copy of the approved final plat of the subdivision hanging on his office wall. He said he feels the relief he is requesting will not create a hardship as far as driving is concerned, it will not distract from the subdivision, and in reality will offer a better sight line than the adjoining houses existing out there. Chairman Duer asked where the brick and wooden fence is located. Mr. Sherman said it is located just inside the property line an inch or two. Chairman Duer asked when and if they ever do widen Eden Road, have they gone as far east as they are going to go. Page 9 Z B A Minutes August 15, 1991 Mr. Sherman said he could not answer that. He said the city asked for 10 feet for the widening and he gave it and curbed that side, but what their plans are since that time, he does not know. Mr. Sherman said they do have a lot of room on the west side. Troy Ashcraft, 8970 Bradley Drive, came forward. He said he lives in Eden Estates. He said Garrett Sherman, Gene Merrell and himself are the developers of this subdivision. Mr. Ashcraft said at the time, Mark Hannon was the engineer of this subdivision and when they established these lots, it was not their intent for these lots to be corner lots; the size of them are the same as the interior lots; all were to be interior lots. He said if this is a corner lot, they should open it up for a side entry on Eden Road. Mr. Ashcraft said they told them they could have no entry onto Eden Road. He said that is the reason the architectural fence was put there. Chairman Duer asked, the curb you poured on Eden Road, was that going to be the width of Eden Road and all the expansion would go to the west. Mr. Ashcraft said that was his understanding. He said they were only required to pave half of Eden Road, but they went ahead and topped the entire road. He said behind the curb there is your ordinary parkway easement. Mr. Ashcraft said he is a contractor and he put up the fence and it is on the property line roughly 10 feet from the curb. Mr. Skinner asked if this addition ends on Marti Lane and another addition begins on Jason. Mr. Ashcraft said that is correct. Page 10 Z B A Minutes August 15, 1991 Mr. Skinner said there are 2 houses built on Jason within the 70 foot. Mr. Ashcraft said he knows there are houses there, but he does not know the set backs since Jason is not in this subdivision. Chairman Duer said there are 2 other lots that whatever the Board decides for this lot will have to be considered for the other two lots later. Mr. Cypert asked what the mlnlmum square footage for this subdivision. Mr. Ashcraft said it was 1600 square feet. Gene Merrell, 225 Bremen Drive, Hurst, came forward. He said he is one of the original partners of this subdivision. He said he has built 10 homes in this subdivision. He said he is proud of this addition because he has all the streets named for his Grandchildren. Mr. Merrell said he respectfully requests approval of this variance because of extreme hardship on that lot. He said one hardship has already occurred on Marti. He said they sold lot 1 on Marti which was 75 feet wide, but when the builder found he could not put his house plan on that lot, he had to scrap that house plan and then he requested we give him another lot because the 20 foot building line was not on the recorded plat. Mr. Merrell said they gave him another, but that the builder is now out of business as are many others now. He said it was a hardship to him several years ago and is a hardship today. Mr. Merrell said on Lot lIon Marti, the lot is 70 feet wide. He said he did build a house on it, but had to get a special plan that was only 1700 square feet. He said he Page 11 Z B A Minutes August 15, 1991 usually builds about 2,000 square foot homes there. Mr. Merrell said it was a hardship, the house was only 44 feet wide, but he was able to bring the drive way off of Jeffery. Chairman Duer asked the standard width of a garage. Mr. Merrell said 20 feet. Mr. Skinner asked the approximate date he applied for this plat. Mr. Merrell said November, 1984. Mr. Skinner said he sees that Lot 10 is also vacant. Mr. Merrell said that lot is owned by Mr. Ashcraft. He said unless he builds the same house he built on Lot 11, he does not see how he could build one on it. Mr. Merrell said there are 3 lots affected by this building line, but this variance is only for this one lot. Chairman Duer asked when a developer comes in with a plat, shouldn't he know the requirements. He asked if we usually have pretty good plats submitted to the city. He said they should have made the corner lots wider. Mr. LeBaron said with the price of land, the developer will look at the zoning ordinance and see that the minimum width is X amount of feet, so they make the lots that minimum and say they met our standards, but corner lots should be treated differently because there is an extra set back for corner lots. Mr. LeBaron said you don't have to have building lines on plats, except we require a set back shown on the front. He said it is customary to put set backs on the Page 12 Z B A Minutes August 15, 1991 sides of corner lots. He said you still have the zoning ordinance which states you will have a 20 foot side yard line on corner lots. Mr. LeBaron said it is unfortunate that the plat got approved with the lot so narrow. Mr. Cypert asked if we know of record, if the 10 foot right-of-way is sufficient for Eden Road. He asked if that was the center line shown. Mr. LeBaron said he was not sure if that is the center line or not. Mr. Cypert asked if it is a matter of record that these developers do not have access to Eden Road. Mr. LeBaron said yes it is. Mr. Cypert said he feels that is very important information needed in being able to grant a variance, if they can not have a side entry garage on Eden Road, that does make it look like an interior lot with it backing up to a fenced area. Mr. Cypert asked Mr. Sherman if he currently has a contract on this particular lot. Mr. Sherman said he does not, but he has a plan he wants to build on this lot. Mr. Cypert said they need to know if this right-of-way is the center line of it or is it the extreme side of the right-of-way. Mr. Sherman said they bought 30 acres of land out there, 700 feet wide, and they gave the city 7,000 square feet of land. Mr. Cypert said we need to know if that is the center line or not. He said the city could come in, relocate the utilities and widen the road. He Page 13 Z B A Minutes August 15, 1991 said he would like to table this request until the next meeting so the city staff can check to see if this is the center line. Mr. Cypert asked if this time would be critical to him. Mr. Sherman said he does not have the house sold so time would not be critical to him. He said whatever is appropriate would be okay with him. Mr. Sherman said it is hear-say, but he thinks the city has made a change for Eden Road since the property was platted. Mr. Skinner said they need to go to the Thoroughfare Plan to see what it entails for Eden Road. Chairman Duer said if we can get a clarification from the city, they would have a more favorable chance. 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, Chairman Duer closed the Public Hearing. Mr. Skinner said he agrees with Mr. Cypert and feels the Board should take a closer look for this variance and the two lots behind it. BA 91-10 TABLED Mr. Skinner made the motion to table BA 91-10 until the next meeting, September 19th. This motion was seconded by Mr. Kemp and the motion carried 5-0. Page 14 Z B A Minutes August 15, 1991 3. BA 91-11 Request of Barry Kahn to vary from the Zoning Ordinance #1080, Section 6.5.3 on Lot 17, Block 89, Foster Village Addition, to be allowed to encroach the side building line, rear building line and the 20% rear yard requirement by enclosing his pool. This property is located at 6825 Greenleaf Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Barry Kahn came forward. He said the reason for this variance is to enclose a swimming pool in his back yard. He said there is currently a slab poured around the pool. Mr. Kahn said the addition will have the same exact brick as the house has, the same exact windows, and it will be more than 50% glass. He said the enclosure will have an area for tropical plants which will be green year around. Chairman Duer asked if it would be 50% glass and the other 50% would be masonry. Mr. Kahn said it would be more like 70% glass and the rest masonry. Mr. Skinner asked if he has a set of blue prints showing this. Mr. Kahn said yes, he submitted it to the city. He said it will be the same roof, same brick, same windows. Mr. Kahn said the encroachment amounts to 2 inches on the east side and the back line is not parallel and it would encroach 1~ feet, give or take a little. Mr. Skinner asked if the roof line would be the same as the house. Page 15 Z B A Minutes August 15, 1991 Mr. Kahn said the section over the living room would be increased 2 feet to allow for the drainage. Chairman Duer asked if he had any problem with the drainage with the neighbor to his west. Mr. Kahn said when he first bought the house, he had major drainage problems, but he spent $9,000 correcting that problem. He said he put in drains, gutters, and re-graded the lot. He said there is no standing water in the back yard at all. 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. Eric Lyman, 6828 Dogwood Lane, came forward. He said he owns the property directly behind the property in question. Mr. Lyman said he is not opposed to the variance to enclose the pool, but he is here to talk about drainage. He said Mr. Kahn's landscaping is 18 to 24 inches higher than his back yard and when Mr. Kahn built his pool and landscaping, he significantly changed the drainage pattern and water is channeled through his neighbor's yard to the west and his yard and it does leave standing water in his back yard. Mr. Lyman said he went out while it was raining the other day and water was standing 12 feet from his rear property line. He said water did not stand in his back yard prior to the construction of Mr. Kahn's house and pool. Mr. Lyman said the additional water is presently channeled into a TU Electric transformer box which did not happen prior to the building of the pool. Page 16 Z B A Minutes August 15, 1991 Scott Wettig, 6824 Dogwood Lane, came forward. He said he lives on the west side of Mr. Lyman. Mr Wettig asked if a permit was granted to build the pool. Mr. LeBaron said it was. Mr. Wettig said he is not opposed to the construction of the building over the pool; he is only concerned with the drainage. He said he had talked with the person who lives to the west of Mr. Kahn and due to the amount of water that was flowing into his pool, the city was asked to come in and make changes to that person's back yard which the city did not do; however the builder came in and leveled the back yard and put in railroad ties all around his back fence. Mr. Wettig said a good portion of the water from his back yard went to Mr. Kahn's back yard, but it now will not because of the railroad ties. He said the person to the west of him, the water will not flow into the neighbor's yard to the west of Mr. Kahn. Mr. Wettig asked if there was a city ordinance that you can not mis-direct the flow of water. Mr. LeBaron said when the subdivision was first developed, the lots were layed out, a drainage study was done, all drainage improvements were put in. He said if the individual lots were changed by landscaping or filling or what, it is beyond the city's ability to control. Mr. LeBaron said that would be a civil matter between the property owners. Mr. Cypert said he had been told over the years that there is a State Law that says you can not re-direct the natural flow of water on to someone else's property and it is a civil matter. Mr. Cypert said he lives in a similar situation in that neighbors Page 17 Z B A Minutes August 15, 1991 built concrete curbs around their property with fences on top of it which caused Mr. Cypert to keep about 18 inches of water in his back yard. He said he was able to solve his by a threat of civil action. He said they opened some passage to allow some water to go through their yard and his neighbor to the back of him allowed Mr. Cypert to put in a french drain through his 6 foot side easement out to the other street. Chairman Duer asked if there had been any topographical survey made of this subdivision before they started any building. Mr. Wettig said he did not know. Chairman Duer said you could take the topographical map and compare it with today's drainage, but this would be a civil matter. Chairman Duer called for anyone else wishing to speak to please come forward. There being no one, the Chairman closed the Public Hearing. Mr. Kahn said when they did the house to the west of him, they did it to the city codes. He said the city code states that water is not allowed to drain from your property over more than one other piece of property. He said the house to the west of him was getting water from the west of him and it was draining through his yard to Mr. Kahn's yard to his neighbor's yard. He said the developer came in and leveled the lot to the west of Mr. Kahn and prevented the water from Dogwood running into his back yard and through Mr. Kahn's back yard. Page 18 Z B A Minutes August 15, 1991 Chairman Duer said this Board is here to grant a variance from the city code, but it has nothing to do with the drainage. He said they will be glad to listen. He asked Mr. LeBaron which department they would complain to. Mr. LeBaron said the Public Works Department handles drainage issues. He said when a subdivision comes in, in order to allow for natural drainage, we require the design to be that the drainage could go over one more lot, then it has to be taken care of so you don't accumulate several lots drainage. Mr. LeBaron said several years later wooden fences go up, shrubbery goes up, landscape timbers goes up, cross ties goes up. curbs go up, so how can you tell which changed the flow of the water. Chairman Duer said the variance request is for the building line encroachments and the 20% rear yard requirement. Mr. Bunting asked if this is going to cause additional drainage problems. Mr. LeBaron said he is not a drainage engineer, he could not tell where it would or not. Mr. Cypert said if they granted approval of these variances, any improvements would have to be per city codes. Mr. LeBaron said that is correct. Mr. LeBaron said Mr. Kahn mentioned earlier about the masonry. He said he does not recall seeing any construction materials that were stated. He said he remembers the roof layout, but he did not remember about the masonry. Page 19 Z B A Minutes August 15, 1991 Chairman Duer said it has to be 75% masonry other than windows. Mr. Cypert asked Mr. Kahn if the elevation of his property is higher at the back of his property or lower or is it level. Mr. Kahn said his house slopes from the back to the front; it drops about 4 feet. He said most of the slope is from the corner of the garage to the street. Mr. Cypert asked approximately what the slope is from his back property line to the area where the concrete starts. Mr. Kahn said none. He said the back yard is level, the low point being the southwest back corner. Mr. Kahn showed the Board where he put the french drains. He said when he makes the new addition, he will take the down spouts to a french drain also. Mr. Cypert asked what the height of his existing deck from the ground level. Mr. Kahn said it is ground level now, there is no step down and they have gravel there. Mr. Cypert said in looking back over several zoning ordinances, the 20% for back yard was for the addition for future recreational type additions such as spas and pools. He said discounting the drainage problem, which we have no control over, he does not see anything personally that he could not live with and he would support the granting of the variance. Chairman Duer stated the ones who spoke in opposition said they were not opposed to the variance request, only Page 20 Z B A Minutes August 15, 1991 the drainage which has to be dealt with another department, maybe even through the civil court. He said the pool is already built, the concrete is already layed and whatever they do to add on top of that is not going to increase the flooding. Chairman Duer said sometimes he wonders why we require so much back yard. He said he believes if its my property and I want to build something and it does not endanger someone, he should be allowed to do so. Chairman Duer said he does not see a problem with the half foot side yard variance nor a 3 foot back yard variance, nor the 20% back yard variance. Mr. Bunting asked Mr. Kahn if he said he plans to put gutters around this addition. Mr. Kahn said he does. Mr. Cypert said if he puts gutters and down spouts in, it would only help the drainage. Chairman Duer said the motion should be in 3 parts since he is asking for 3 variances. BA 91-11 APPROVED Mr. Cypert made the motion to approve BA 91-11, the 3 variances including the 20% back yard, the side yard variance and the rear easement variance. This motion was seconded by Mr. Bunting and the motion carried 5-0. 4. BA 91-12 Request of Vicki L. Nestle to vary from the Zoning Ordinance #1080, Section 24.11.2 (b) on Lot 21, Block 3, Richland Heights Addition, to be allowed to vary from the requirement for a 6 foot fence around the pool. This property is located at 4301 Keeter Drive. Page 21 Z B A Minutes August 15, 1991 Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Philip Sanders, 4301 Keeter Drive, came forward. He said he has resided there about 4 years. He said he knows there is no excuse for ignorance, but when he and Vicki Nestle purchased the above ground pool, they asked the pool company if they had to have a 6 foot fence and they said we did not. He said this pool was put up, they gave their clearance for the easements on the sides and they assumed the permit was taken out, but it was not; the contractor did not take the permit out. Mr. Sanders said they have a large deck which they put a large amount of money in, and the deck is as high as the pool. He said there is another 4 foot section on top of that that covers half of this pool and the other 2 sides are open. Mr. Sanders said their existing fence is a 4 foot cyclone fence. He said there are several pools in their addition that have small fences, even the apartment complex has a small fence. Mr. Sanders said he has pictures of the fences in the area. Mr. Sanders said after they received the notice in the mail, they asked several people when the fence requirement was changed. He said Ms. Nestle was told it was about a year ago and when he asked, he was told by Paula that it had been 7 or 8 years; then someone told him he did not know how long it had been. Mr. Sanders said he was misled and he has a lot of money in the pool and twice as much in the deck and around the pool. Mr. Sanders showed the Board his pictures. Chairman Duer asked if this apartment complex is in North Richland Hills. Page 22 Z B A Minutes August 15, 1991 Mr. Sanders said it is. He said Town Oaks Apartments have two pools and one does not even have a fence around it. Chairman Duer asked Mrs. Calvert if Town Oaks were in North Richland Hills. Mrs. Calvert said they are in North Richland Hills. Mr. Skinner asked who he purchased the pool from. Mr. Sanders said they purchased it from Bonnie and Clyde just down the street from their house. Mr. Skinner asked if they did the contracting. Mr. Sanders said they say they got somebody that does their pools. He said when he and Ms. Nestle contacted Bonnie and Clyde to pay for the permit they didn't take out, they received a letter from Mike Davis (who installed the pool) on Bonnie and Clyde letter head so they do not know if he works for Bonnie and Clyde. Mr. Sanders said he and Ms. Nestle do not feel they should be responsible for having to pay for the pool permit. Chairman Duer asked who they paid. Mr. Sanders said they paid Bonnie and Clyde for the pool; Mike Davis picked up the pool from Bonnie and Clyde and he installed it; then they paid him for the installation. Mr. Kemp asked if there was any way to restrict the steps up to the pool to keep someone from climbing up and falling in the pool. He said if a kid gets in the yard, he is going to go up those steps. Page 23 Z B A Minutes August 15, 1991 Mr. Sanders said the only way he could see would be to make the steps smaller, put up rails and a gate. He said right now the steps are about 6 feet wide. Mr. Kemp said you need a locking gate to restrict a young child. Mr. Sanders said there are no young children in the family, the youngest being 9 years old. Mr. Kemp asked what about outside his household. Mr. Sanders said there is one family, but they also have a pool. He said their's is in one of those pictures with a 4 foot fence. Mr. Skinner asked who built the deck and latice work. Mr. Sanders said he and a friend. Mr. Skinner asked why did they leave half of it open. Mr. Sanders said it would be too boxed in. He said they wanted some open space; they plan to put in a patio and the Bar-B-Q pit is on the other open side. Chairman Duer asked if he understands the purpose for the ordinance. Mr. Sanders said he does, but they are talking about several more thousand dollars they had no intention of spending. Mr. Cypert asked how far it was from the open side to the fence. Mr. Sanders 8 feet 4 inches, 5 feet 2 inches on the back and 40 feet to the other side. Page 24 Z B A Minutes August 15, 1991 Mr. Skinner asked how far it was from the back of the pool to the back property line. Mr. Sanders said 5 feet 2 inches. He said he is allowing his 5 foot easement and 2 inches over. Mr. Skinner said looking from your back door, the property behind is screened off by that latice. Mr. Sanders said that is correct. Mr. Cypert said the reason they are asking these questions, they received a letter from the neighbors who live directly behind them who are in opposition to this request because they have Grandchildren who come over all the time and could climb the fence. Mr. Cypert asked Mr. Sanders if they would consider putting approximately 45 feet of fencing to block off the back side of the property. The Board and Mr. Sanders and Vicki Nestle discussed different ways they could fix the fence where children could not get in. Ms. Nestle said the neighbor to the side of these people who wrote the letter has a pool and they only have a 4 foot fence. Chairman Duer said his biggest concern is not the view, but the need for a barrier. Ms. Nestle asked why they were picked out. She said this neighbor does not have a 6 foot fence and they did not get a permit. Chairman Duer asked if this was found by an inspector or was it a complaint. Page 25 Z B A Minutes August 15, 1991 Mr. LeBaron said there was a complaint. Carmen J. Feula, 4305 Keeter Drive, came forward. He said he lives just north of the property. He said he has no complaints with the pool; the gentleman did a very nice job. He said he does not feel Mr. Sanders should be cited for not putting up a fence when he has a neighbor who has not been. Mr. Feula said he does not have a privacy fence and the city has done nothing about it. He said he thinks this gentleman has done a good job. 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. Chairman Duer read the letter sent in opposition: "Gentlemen: We are homeowners at 4300 Lynn Terrace, North Richland Hills, Texas. Our property is directly behind the property in question. This letter is our objection to the variance of the zoning ordinance that is being requested by Vicki L. Nestle. Our reasons are that we have small grandsons that come and stay with us from time to time and they can climb a fence before you can blink your eye. The lure of a swimming pool is very inviting to a small child. I want to be able to let the boys go into the back yard and play without the fear of them climbing the fence and falling into the pool. Please accept this letter as our formal objection as we are unable to attend the meeting on August 15, 1991 at 7:30 P.M. at the City Hall. We are unable to attend Page 26 Z B A Minutes August 15, 1991 because of work. Thank you for your consideration. Sincerely, Marlin L. Neal and Margaret Neal." There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Cypert asked what is done about the ordinance. He said he remembers it was changed. He said some of his neighbors have pools with 4 foot fences. Mr. Cypert asked if there was a stipulation that if they make any modification to their property, they have to come into compliance with the 6 foot at that time. Mr. LeBaron said yes, the only time they would be required to change from a 4 to a 6 foot fence is if they were going in for a building permit for a major pool modification. Mr. Bunting said he thinks there needs to be some kind of a fence around that pool; they need to either fence in the whole back yard or fence in the pool. He said it does not matter what other people have in the neighborhood; the issue is safety. Mr. Bunting said it would be cheaper to finish out the latice around the pool and put up a gate. Mr. Cypert asked the size of the deck. Mr. Sanders said he is not sure; the pool is a 21 foot round. He said it is approximately 26 or 27 feet wide by about 32 feet. Mr. Cypert said he had faced a similar situation, he had put a wrought iron fence in his back yard a number of years ago and used a level to keep it level all the way. He said it was 6 feet at the back and as it got toward Page 27 Z B A Minutes August 15, 1991 his house it turned to 5 feet. Mr. Cypert said he put a pool in this past year and he no longer met the ordinance. He said he constructed some additional wrought iron fencing that did not look objectionable at all. Mr. Cypert said the wrought iron fence met the city's requirement in that it prevents anyone from getting in and at the same time it gives you that open look. He suggested they use wrought iron on the sides of the pool. The Board and the applicants discussed different ways to comply with the city ordinance and still not be too expensive. There were several suggestions made. Mr. Skinner said he does not want Mr. Sanders and Ms. Nestle to make a decision tonight. He said he felt they should table this to give them time to make a decision. BA 91-12 TABLED Mr. Skinner made the motion to table BA 91-12 for 30 days until next month's meeting. Ms. Nestle suggested they add some barbed wire to the top of the cyclone fence. Mr. LeBaron said barbed wire is not allowed. Mr. Sanders asked since the lady in back of them is the one in opposition, could he just extend the fence across the back to satisfy her. Chairman Duer said the Board's decision is not just based on complaints, their decisions are based on the ordinance. He said this is a safety matter, not ascetics. He said when it is a safety matter, the Grandfather clause does not apply. Chairman Duer stated that the pool must have a 6 foot barrier around the pool. Page 28 Z B A Minutes August 15, 1991 Mr. Cypert said he thinks Mr. Skinner has an excellent suggestion because you are in non-compliance and it takes 4 positive votes for a variance to pass. He said no one knows how the other one will vote; it is a personal matter how each one sees the hardship. Mr. Cypert asked Mr. Sanders if they would be willing for the Board to table this and give them time to decide what they could do without having to make a decision in 5 minutes. Mr. Sanders said that is a good idea. Mr. Cypert seconded Mr. Skinner's motion to table this until September 19th. The motion carried 5-0. Mr. Cypert said the city staff is willing to help if they need any guidelines regarding the code. Mr. Sanders said any way he goes, it is going to be more money out of his pocket. He asked if there was any way he could get reimbursed from the person who was supposed to take out the permit. He said he would not have bought the pool had he known he was going to have to be out all this money. Mr. Cypert said he could, for a few dollars, seek legal advice. 5. BA 91-13 Consideration of Rules of Procedure for the Zoning Board of Adjustment. BA 91-13 POSTPONED Chairman Duer made the motion to postpone this until the Board has more time to study this proposal. This motion was seconded by Mr. Kemp and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 9:20 P.M. Tom Z~rm!~ Zoning Board of Adjustment