Loading...
HomeMy WebLinkAboutZBA 1991-10-03 Minutes MINUTES OF THE SPECIAL MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 3, 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. Members Tom Duer Billy Cypert Jeff Bunting Robert Skinner Steve Ingham Mark Barfield Barry LeBaron Steve Pence Wanda Calvert Dir. Community Dev. Building Official P & Z Coordinator ABSENT: Jim Kemp OATH OF OFFICE Mark Barfield, new Alternate Member, took the Oath of Office. Alternate Ingham will vote in the absence of Mr. Kemp and Alternate Barfield will not vote tonight. CONSIDERATION OF THE MINUTES OF AUGUST 15, 1991 Mr. Skinner made the motion to approve the minutes as written. This motion was seconded by Mr. Ingham and the motion carried 5-0. 1 . BA 91-10 TABLED 8/15/91 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. Troy Ashcraft, 8970 Bradley Drive, came forward. He stated he was one of the developers of this subdivision and Page 2 Z B A Minutes October 3, 1991 he also represents Mr. Sherman in his request. Mr. Ashcraft said they started the platting process of this subdivision in 1984 and at that time, they asked that some of these lots be made corner lots, but they were discouraged in making these corner lots. He said the final plat was approved in July, 1984 and these were considered as inside lots. Mr. Ashcraft said they were asked by the city to go across the road and install a storm sewer to accommodate water that was already on Eden Road. He said they carried this storm sewer approximately 1,000 feet to the drainage to the east to dispose of this water. Mr. Ashcraft said the city asked for a 10 foot easement on our side of the road and a 10 foot right of way which we granted. He said they were asked to curb and gutter their frontage on Eden Road which they did. They were asked to pave half the road to the east, but they paved the entire road. Mr. Ashcraft said they put up an architectural fence there that has steel beams with piers behind this brick wall and it would be hard to move. He said they consider this as an inside lot, but when they came in for a building permit, they found that in 1985 it had been decided these would be corner lots. Mr. Ashcraft said he was requesting these lots be considered as inside lots. He said the lot in question is not the only lot involved. Chairman Duer asked who discouraged them from making these corner lots, was it someone on Planning and Zoning. Mr. Ashcraft said the engineer for this project was on P & Z. He said the engineer felt because of the traffic on Eden Road, they would not want corner lots on Eden Road. Mr. Ashcraft said this was during the preliminary stage. Page 3 Z B A Minutes October 3, 1991 Mr. Skinner asked if we are talking about lots 1 and 20 on Marti and Lot 1 on Ashcraft. Mr. Ashcraft said that was correct. Mr. LeBaron said he is only asking for a variance on one lot, Lot 1, Block 2. Mr. Skinner asked if he has someone who wishes to buy this house on this lot. Mr. Ashcraft said they do not, they just came in for a permit to build a spec house on this lot and found out about this. Mr. Ingham asked why this would not have been considered a corner lot. Mr. Ashcraft said that was a good question. Mr. Skinner asked what size house this was and if it is one story. Mr. Ashcraft said it is approximately 1,800 square feet and is single story. Mr. Skinner asked if there were any two story homes in the subdivision. Mr. Ashcraft said there were. Mr. Skinner asked Mr. LeBaron, in the letter from Kevin Miller, Assistant Director of Utilities, stating about Eden Road being on the Master Thoroughfare Plan, what is the need for this Plan. Mr. LeBaron said that is a plan adopted by ordinance and when subdivisions are proposed, we review the Master Thoroughfare Plan to make sure that subdivision plat complies with that ordinance and enough right of way has been dedicated for future Page 4 Z B A Minutes October 3, 1991 expansion, but in this case, this plat was done prior to Eden Road being designated as a collector street. He said according to Mr. Miller's letter, if it were widened by the city, we would require additional right of way. Mr. Skinner said there is no way of knowing if or when it would ever be done. Mr. LeBaron said that is correct. Chairman Duer stated that Kevin Miller's letter said that an additional 4 feet would be needed from property owners in Eden Addition along the east side of Eden Road. 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 a statement from Otho R. McClain, 8809 Marti Lane. "He is in opposition to this variance request. He does not feel it should be granted. The brick wall presents enough sight problem. If he is granted this variance, others will want to do the same. If he can't get enough house on one floor, he can go up." There being no one wishing to speak, Chairman Duer closed the Public Hearing. Mr. Bunting asked if we had any idea when this road will be widened. Mr. LeBaron said we do not. Page 5 Z B A Minutes October 3, 1991 Chairman Duer said it would probably depend on future development in the area. Mr. Skinner said since this is a spec house, why can't it be a two story and stay within the building lines. Chairman Duer said essentially what the Board decides for this lot will need to be carried on for the other two lots. Mr. Cypert asked if the house on the corner of Jason and Eden Road was on the building line. Mr. LeBaron said it was and has the same lot width as this one. BA 91-10 DENIED Mr. Skinner made the motion to deny BA 91-10. This motion was seconded by Mr. Bunting and the motion to deny carried 4-1 with Mr. Cypert voting against denial. 2. BA 91-12 TABLED 8/15/91 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. Chairman Duer stated this is one that was tabled at our last meeting. He opened the Public Hearing and called for anyone wishing to speak in favor to please come forward. Phillip Sanders, 4301 Keeter Drive, came forward. He said at the last meeting you spoke of us adding a fence. He said they have added the fence around the deck and will put wrought iron around the steps with swinging locking gates, if that is alright. Page 6 Z B A Minutes October 3, 1991 Chairman Duer asked if he was saying it will be surrounded and secured by a 6 foot barrier. Mr. Sanders said a 6 foot minimum. He said the other 2 sides are 8 feet. Mr. Ingham asked if the wrought iron would be 6 feet. Mr. Sanders said it would be. Chairman Duer asked Mr. LeBaron if he would need a variance now. Mr. LeBaron said not if he conforms to the requirements. Mr. Skinner asked if an inspector had been out or had he discussed this with anyone at the city. Mr. Sanders said they are in the process of doing the permit. He said they have the situation with Bonnie and Clyde and the contractor who installed the pool. He said they have been through legal stuff with them and all fingers point to us. He said they are not required by the State to have a license to install pools. Mr. Sanders said actually they should be responsible, but they are pointing the finger at him. He said he is taking action on it now. He said he is going through TU Electric. He said the electrical lines are 4 or 5 feet not in compliance with their codes and they gave him an option to change the wiring which will cost another $1500 to $1800. Mr. Sanders said their option is to pay all that along with all this other expense or take Bonnie and Clyde to court. Mr. Ingham asked if a building permit should be obtained and a city inspector be sent out to inspect this. Page 7 Z B A Minutes October 3, 1991 Mr. LeBaron said he would suggest the Board hold the case open until next month to give the gentleman an opportunity to get the permit and get the job completed. He said if what he is doing is in compliance with the code, then he does not need a variance. Chairman Duer said the ordinance says a 6 foot fence; should he come back for a variance since it is actually a barrier. Mr. Cypert said he is putting in wrought iron fencing. Chairman Duer said if he does what he has said he is doing, he will not need to come back. Mr. Sanders said he was told he had to get it approved by TU Electric before he could get a permit so he went to TU Electric and he is held up because he does not have the $1500 or so dollars to comply with their requirements. He asked who he should see to get a time extension on this. Mr. Skinner said you first have to get a permit, you then have 6 months. Mr. Pence said that is not really true because the pool is already there, but we will work with him. Mr. Skinner said he needs to come in and see Mr. Pence. BA 91-12 TABLED 10/3/91 Mr. Skinner made the motion to table BA 91-12 until applicant gets a fence permit and the fence is inspected. This motion was seconded by Mr. Cypert and the motion carried 5-0. Page 8 Z B A Minutes October 3, 1991 3. BA 91-14 Request of Tim E. Haney to vary from the Zoning Ordinance #1080, Section 6.5.3 (b) on Lot 4, Block 4, Irish Meadows Addition, to allow pool to encroach the side building line. This property is located at 7912 Irish Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Tim Haney came forward. He said he put in an above ground pool and was notified by the city to come in for a permit. He said he came down to get a permit and they said he first had to get a TU permit. He said he got his TU permit which cost about $120 to get his lines moved. Mr. Haney said he came back to get his building permit and found out he did not have the required 6 foot side, he only had 2.6 feet. He said he went back to TU and if he moves it, the corner of the house would be in the way. Mr. Haney said that is the reason he is here requesting a variance. He said there is no way he can move the pool to the left because it will hit the house and also it would mess up the electrical. Mr. Haney said he had talked to his neighbors and they have no objections. He said the neighbor to the west leases the house and they have no problem with it. Mr. Skinner said the pool and deck is already up. Mr. Haney said that is correct. Mr. Skinner asked if this was done this summer and when was it completed. Mr. Haney said it was finished about July. He said he did not get a permit, he was not aware he needed one for an above ground pool. He said Page 9 Z B A Minutes October 3, 1991 he received a letter from the city saying he needed a permit. Mr. Haney said he started leveling the ground for the pool in the spring. Chairman Duer asked if it was surrounded by a 6 foot fence. Mr. Haney said it was. Mr. Cypert asked how far did he have to move the electrical lines. Mr. Haney said he was not sure, he just knew it cost $118. Chairman Duer asked how far from the property line is the house to the west of him. Mr. Haney said approximately 20 feet; it is on a cuI de sac. 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. Chairman Duer said this is an unusual pie shaped lot; the house next door is at least 15 feet from the property line and would cause no problem. BA 91-14 APPROVED Mr. Cypert made the motion to approve BA 91-14 as requested. This motion was seconded by Mr. Ingham and the motion carried 5-0. Page 10 Z B A Minutes October 3, 1991 4. BA 91-15 Request of Marjorie J. Phillips to vary from the Zoning Ordinance #1080, Section 5.5.3 (a) on Lot 11, Block 7, Skyline Homes Addition, to be allowed to construct a car port beyond the front building line. This property is located at 4616 Mackey Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Marjorie Phillips came forward. She said she is in need of a car port. She said she has an 82 year old Mother that she has to take to a dialysis 3 times a week. She said we have had such horrible weather. Ms. Phillips said she can not pull her into the garage, wheel chair and all, unload her without getting her wet. She said she needs something to cover her. Ms. Phillips said she has had some bids since she turned in her request and most of them said she needs to build a 20 by 20 foot car port instead of a 19 by 21. They say it will save money. Chairman Duer asked when this house was built. Ms. Phillips said the house is 32 or 35 years old. Chairman Duer asked if there were other car ports in the area. Ms. Phillips said there are several, some good and some bad. She said she has a list of some near her home: 6917 Victoria is a nice one; 6804 Victoria is a bad one; 7001 DeVille is a bad one; 6704 DeVille is a good one. Chairman Duer asked what kind she is going to build. Ms. Phillips said she plans to build a nice one. Page 11 Z B A Minutes October 3, 1991 Mr. Ingham asked Ms. Phillips if her Mother lives with her. Ms. Phillips said she does. She said her Mother owns a home next to her, but she is not able to stay there and she doesn't think she will ever be able to live there. Mr. Cypert said the distance would change from the curb to the car port from 17 feet to 16 feet. Ms. Phillips said that is correct. She said she does not plan to build a fancy car port, but she plans to build a neat one. 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. Ingham said he feels this would be considered a hardship. BA 91-15 APPROVED Mr. Ingham made the motion to approve BA 91-15. This motion was seconded by Mr. Bunting and the motion carried 5-0. 5 . BA 91-16 Request of H. Grady Payne III with H. Grady Payne Company to vary from the Zoning Ordinance #1080, Section 5.5.3 (b) on Lot 19, Block 10, Meadow Lakes Addition, to be allowed to construct a house beyond the side building line. He needs a 15 foot side building line instead of a 25 foot side building line as shown on the plat. This property is located at the northwest corner of Skylark Circle where it makes the turn to go west. Page 12 Z B A Minutes October 3, 1991 Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. David M. Schmidt, 6617 Quail Ridge, NRH, came forward. He said he is a professional designer who has designed 11 of the 29 homes built in Meadow Lakes Addition. He said he has 3 more currently under design in this subdivision. Mr. Schmidt said he is speaking for Mr. Payne with H. Grady Payne Builders. He said they are requesting a variance from the 25 foot side building line to a 15 foot building line. Mr. Schmidt said the existing building set back lines restrict the buildable area to 51 feet where most lots provide a width of 64 feet. He said the design of this house would have to be extremely narrow. Mr. Schmidt said also, this is a build job for Mr. Payne and is a copy of a Kaleidoscope of Homes Project he did in Keller this year. He said the current set back guidelines would not allow this particular house. Mr. Schmidt said the additional 10 feet would not impose any negative impact to adjoining properties. He said the garage design is rear entry; it is not exposed to the side street. Mr. Schmidt said they had discussed this with the developer, Richmond Bay, and with some of the neighbors, and they had no objections to it. Chairman Duer asked what the set back was on the front. Mr. Schmidt said it has a 25 foot front building line. Mr. Ingham said there is another 10 feet to the curb. Chairman Duer asked what the set back was on the house next door. Page 13 Z B A Minutes October 3, 1991 Mr. Schmidt said it is 35 feet from the curb. Chairman Duer asked about the visibility on the corner. Mr. Schmidt said it would present no visibility problem at all. Mr. Bunting asked what the minimum square footage is for that area. Mr. Schmidt said 2300 square feet. He said they have a client that wants this particular house on this particular lot. He said this house is 3174 square feet. Mr. Skinner asked how many vacant lots are left in that addition. Mr. Schmidt said he was not sure, but approximately 40. Mr. Barfield said there are no corner lots left. Mr. Schmidt said there is one other corner lot, at the corner of Skylark and Fairway Court, but it may be under contract. Mr. Barfield said you could not build this house anywhere else in Meadow Lakes on a corner lot. Mr. Ingham said his concern has been the visibility. He said he lives in that neighborhood and he walks down to the lake a lot. He said the street coming up hill already presents a hazard there. Mr. Schmidt said his response was in regard to the visibility triangle; the house poses no barrier to traffic. He said that portion of the house is not setting on the 15 foot line, it tapers in. Page 14 Z B A Minutes October 3, 1991 Grady Payne, 5025 Skylark Court, came forward. He said it is common for most corner lots to have a 15 foot side building line. He said with this design, the garage will not face the street. Mr. Payne said the other corner lot down the street has the same problem and they will be coming in for a variance for it, also. 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. Don Kresser, 6356 Meadow Lakes Drive, came forward. He said he is the only neighbor affected since he lives next door to this lot. Chairman Duer asked Mr. Kresser to show the Board where he lives. Mr. Kresser said he had the wrong lot in mind. He apologized and said he was not opposed, it would not affect him on Meadow Lakes Drive. Chairman Duer called for anyone else 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. Barfield said he lives in this area, but, as a citizen of NRH, he would like to see the Meadow Lakes area develop as nice as possible. He said he does not feel you could have a nicer home proposed for that lot. Mr. Barfield said he does not think there could be a better design for that lot with better visibility. Page 15 Z B A Minutes October 3, 1991 Chairman Duer said the way the house tapers, the corner of the house does not go to the 25 foot building line. He said he has no problem with it. Mr. Cypert said he thinks it makes sense to maximize the property. He said it is going to be an extremely nice house and it does not in any way impair the neighboring property. He said he would be for it. Mr. Bunting said he would be against it; he sees no hardship in this. He said a hardship is like the lady that needed the car port to keep her Mother from getting wet when it rained. Mr. Cypert said in the Board's charge, it is not only a hardship they should consider. He said they should also look at the total building ordinance. He said we try to take the property that is there and see what we can do for that land owner. Mr. Cypert said the financial impact could be considered a hardship on the person thats going to buy that property. Mr. Bunting said there are other options; they can put a different size house on that property. Mr. Cypert said we are not designers of property. He said we need to consider if it would impact the adjacent property or if it does not. He said the swimming pool this Board approved tonight was not necessarily a hardship, the $128 he would have lost. Mr. Cypert said they all voted for that because of the impact and the use of the property. He said here we have a chance to have a valuable asset to the city and to put a smaller house on this piece of property, even though they could make it fit, seems detrimental to the neighborhood. Page 16 Z B A Minutes October 3, 1991 Mr. Bunting said if they wanted bigger lots, they should have cut them bigger. Mr. Cypert said when his subdivision, Diamond Loch, was considered, it was to have been for medium to lower priced houses, but that is not how it developed. He said Meadow Lakes may not have been planned years ago as it is being developed today. Mr. Cypert said he thinks you have to take what you have to work with and do what is best for the community. Mr. Ingham said he had had a concern, but he feels satisfied now, he feels we owe it to citizens who purchase property like this to work with them and do a better job in the development stage through P & Z and maybe such as this would not come up. He said he feels sometimes the developer gets greedy and tries to get too many lots out of a piece of land. Mr. Cypert asked Mr. Ingham, as a neighbor in the area, wouldn't you rather see a house that is a compliment to the area you are in, or had you rather see this Board refuse that and put in a smaller house. Mr. Ingham said no, he thinks what they want to do will be very nice. Mr. Cypert said if we try to force a smaller house on a piece of property than can go there, we are not only hindering an individual that wants to put this house on the property, but we are affecting the property values of the surrounding houses. Mr. Bunting said he does not believe that is true. Mr. Cypert said if you put a $250,000 home on this lot, it would raise the value, but if you put a $175,000 house Page 17 Z B A Minutes October 3, 1991 on the lot, it would lower the value. The Board members looked at the drawing of the proposed house. Mr. Cypert said he felt it would be an asset no matter what neighborhood it went into. Chairman Duer said he did not care what they built on the corner lot as long as it did not cause a traffic hazard. Chairman Duer stated that to approve a variance request, it takes 4 affirmative votes. BA 91-16 APPROVED Mr. Cypert made the motion to approve BA 91-16 as requested. Mr. Skinner said he wanted to make an amendment to this motion that any fences or pools or any other addition to this property must be built within the 25 foot side building line according to the plat. Chairman Duer said, essentially, we are not moving the building line, we are allowing the house to be built beyond the 25 foot building line. He said this should be put in the sales contract where they would know this. Mr. LeBaron said he was not sure if they needed 10 feet or if they just need 8 feet over the building line. Mr. Cypert amended his first motion as requested. This motion was seconded by Mr. Skinner and the motion carried 5-0. 6. BA 91-13 Consideration of Rules of Procedure for the Zoning Board of Adjustment. The Board members read the Rules of Procedure and went over each section and made changes as needed. Page 18 Z B A Minutes October 3,1991 BA 91-13 TABLED Chairman Duer made the motion to table BA 91-13 and requested the City Staff make the changes and bring back to their next meeting. This motion was seconded by Mr. Skinner and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 9:00 P.M. Tom Z ~rm1n / Zoning Board of Adjustment