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HomeMy WebLinkAboutZBA 1991-10-22 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 22, 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. Building Official Code Enforcement P & Z Coordinator Tom Duer Billy Cypert Robert Skinner Jim Kemp Steve Ingham Barry LeBaron Steve Pence Paula Cline Wanda Calvert ABSENT: Jeff Bunting Mark Barfield CONSIDERATION OF THE MINUTES OF OCTOBER 3, 1991 Mr. Skinner made the motion to approve the minutes with one correction on page 7. He said the motion should read "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 4-0 with Mr. Kemp abstaining since he was not present at the meeting. 1 . BA 91-13 TABLED 10/3/91 Consideration of adopting Rules of Procedure for the Zoning Board of Adjustment. BA 91-13 APPROVED Mr. Cypert made the motion to approve the Rules of Procedure as presented. This motion was seconded by Mr. Kemp and the motion carried 5-0. 2. BA 91-17 Request of Nicholas Milakovic to vary from Zoning Ordinance #1080, Section 5.5.3 (a) on Lot 26, Block 13, Briarwood Estates, to allow a 15 foot front building line instead of the required 25 foot front building line. This property is located at 7525 Brentwood Court. Page 2 Z B A Minutes October 22, 1991 Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Nick Milakovic came forward. He said he plans to build a home on this property. He said because of the way the cuI de sac is laid out, it severly limits the amount of buildable space. Mr. Milakovic said the plans they have for the house calls for a side entry garage. He said to build a side entry, you need a cuI de sac lot because they are 80 feet wide; the rectangular lots are only 70 feet wide. Mr. Milakovic said the curve on the cuI de sac, the short side, pushes the building line more than 22 feet beyond the building line. He said this results in a back yard of only 20 feet, but with the building line moved, he would have a 30 foot back yard. Mr. Milakovic said it would also bring the face of their house in line with the other houses on the street. He showed pictures of a house on a sister lot on Brockwood with the same problem. Mr. Milakovic said he felt if he does not get the variance and has to build on the 25 foot building line, it would hurt the resale value of the property; they would not get to enjoy the back yard as much as they would if it were larger; and if they had to relocate and pick another lot, they would have the expense of drawing up new plans and new permits and this would create an economic hardship. Mr. Skinner asked about the side entry garage. Mr. Milakovic showed pictures and plans of the house. Mr. Skinner asked what the width of the driveway would be. Page 3 Z B A Minutes October 22, 1991 Mr. Milakovic said 24 feet. Mr. Skinner asked if this house would be one story. Mr. Milakovic said he guessed it would be called a story and a half; there would be two rooms on the second story. Chairman Duer asked what it would cost to redraw his plans. Mr. Milakovic said $1,300 to $1,500. Chairman Duer asked if he could live with a 5 foot variance. Mr. Milakovic said yes, if that is all they can get. Fred Williams, Builder, came forward. He said he built the house on the sister street, Brockwood. He said it is a New England style house and the depth of the house is only about 34 feet and it accommodated being set back on the lot, but this house, because of the design, gives them less back yard. Mr. Williams said the Milakovics have contacted the neighbors and they are not opposed to this request. 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. Page 4 Z B A Minutes October 22, 1991 Mr. Cypert said this is just another homeowner wishing to have the full use of his property without impacting the adjacent properties. He said if it impacted the adjacent properties or blocked the view of the other properties, he would not be for it. Chairman Duer said if the Board approves the 15 foot, he would want to be assured it does not exceed the front of the house to the east. Mr. Kemp said he has seen this other gentleman's back yard and you can almost lean across the fence and touch the back of the house. Mr. Williams said he would be happy to set the forms so there would be no doubt that it would not be in front of the house to the east and have the inspectors check it. Chairman Duer said it is not to be any closer than 15 feet. Mr. Williams said it would be no more than 15 feet, but if it could be set back more, they would do it, whatever would line up with the house to the east. Mr. Skinner asked if the other houses there have front entry garages. Mr. LeBaron said the house to the east has a side entry garage and the house on the west side has a unique garage arrangement. He said you go through the house with a rear entry, and there is a part of the house on one side and part of it on the other side. BA 91-17 APPROVED Mr. Cypert made the motion to approve BA 91-17 as requested with the stipulation that should the 15 feet cause it to be in front of the house to the east, it would have to be moved back to be in line with the house to the east. Page 5 Z B A Minutes October 22, 1991 Mr. Williams said this could be easily done because they have to have a stake-out inspection. This motion was seconded by Mr. Ingham and the motion carried 5-0. 3. BA 91-18 Request of Glenn P. Hall to vary from the Zoning Ordinance #1080 on Lot 29, Block 1, Eden Meadows Estates, to be allowed to construct a house 5 feet beyond the side building line. He needs a 20 foot side building line instead of the required 25 foot side building line as shown on the recorded plat. This property is located at the southwest corner of Jason Court and Hilary Court. Chairman Duer opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Gary Hall, owner of the lot and general contractor on the house, came forward. He said the plan for the house they have for this lot has a 50 foot width and the total amount they have with the 25 foot side set-back is 45 feet. Mr. Hall said they could go down to a 1,600 square foot house and get it on the lot, but they are trying to get a larger home which will fit in more with the neighborhood. He said the home that sets behind this one sets at an angle and this would not impact it at all. Chairman Duer said he knows the bay window sticks out, but he asked how much the house will encroach the side building line. Mr. Hall said about two feet. He said this is a 76 foot wide lot and when you take 6 feet off one side and 25 feet off this side, you don't have much lot left. He said the average home in this area is 1,800 to 1,900 Page 6 Z B A Minutes October 22, 1991 square feet and they feel they should keep it in line with the ones in the area. Mr. Hall said the one they are proposing to build is 1,991 square feet. 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 the small amount of encroachment would not cause a traffic problem and even if you tried, you probably could not tell it was out of line. BA 91-18 APPROVED Mr. Skinner made the motion to approve BA 91-18 as requested. This motion was seconded by Mr. Cypert and the motion carried 5-0. 4. BA 91-19 Request of Acken Sigh Inc. to vary from the Zoning Ordinance #1080, Section 30.4.2 on Lot 4, Block 1, North Hills Village Addition, to exceed the height and area limit for a pole sign. This property is located at the southwest corner of Northeast Loop 820 and Grapevine Highway. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Arthur Clayton, Real Estate Broker, came forward. He said he specializes in Commercial Real Estate. He said he represents Shoney's Inc. and Acken Signs. Page 7 Z B A Minutes October 22, 1991 Mr. Clayton showed pictures of the area as you drive on the freeway and other streets and in different directions in the area. He said they used the Owen's sign because it is the one most like their's would be. Mr. Clayton said this proposed sign would not block any sign in this area. He said if you look at the billboard sign that has just been moved, the Owen's sign sets above that sign. Mr. Clayton said this would be a 70 foot pole sign with a smaller sign that would front Highway 26 on the same pole. He said they are requesting a variance for height, square footage and location. He said visibility, access to highway traffic and poor frontage make this a marginal location. Mr. Clayton said this lot has a small front footage of 92.19 feet on Highway 26, but the overall square footage is 37,000 square feet. He said Owens has 213 feet frontage and has a sign of 398.75 square feet. There was discussion about the building and sign and where they would be placed. Mr. Ingham asked if Shoney's owns this property. Mr. Clayton said they do not. He said if they do not get the sign, it would not be feasible to locate there. He read a feasibility study to the Board. 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. Mahlon Bradford, 8207 Bragsdale, Houston, came forward to represent Foley's. He said they have no Page 8 Z B A Minutes October 22, 1991 objection to the 70 foot pole sign, but their concern is the two additional signs on the pole. He feels there would be a sight line problem with the two lower signs. Mr. Ingham asked from which direction. Mr. Bradford said it would be from north to south on 820. Shane Thompson, 7108 Harwick Lane, NRH, and General Manager of Owens Family Restaurant, came forward. He said he has concerns and requested he be allowed to view the pictures Mr. Clayton showed the Board. Mr. Clayton came forward and explained each picture. After much discussion about the location of the sign, Mr. Thompson stated he sees no problem with allowing the sign. Mr. Bradford came forward and looked at the pictures also. 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, the Chairman closed the Public Hearing. Chairman Duer said this is a strange shaped lot and the linear footage on the front is only 93 feet. Mr. Clayton said he felt the size of the building should be considered. Mr. Skinner asked where the proposed entry into this site and where the proposed sign would go. Mr. Clayton showed where they would go. Page 9 Z B A Minutes October 22, 1991 Mr. Pence said they had already submitted plans and the building location would not change. Chairman Duer said he does not see a problem with the 70 foot sign because it would be equal to Owen's, the size is comfortable to Owen's, but he has a problem with the lower signs. Mr. Clayton said the sign would be so far back off the road that it would not present a problem. He said it would be 175 to 180 feet off Grapevine Highway and visually should not block anyone's view to the mall. Chairman Duer said Owen's sign is 398 square feet and this one would be 416 square feet. Mr. Clayton said Shoney's uses a standard sign at all their restaurants. Chairman Duer asked how it would affect Shoney's if they did not get all they asked for. Mr. Clayton said they feel to make the numbers work, they have to have it; they would not ask for it if they did not need it. There was more discussion about the two smaller signs and their location. Chairman Duer asked if it would hinder them if the Board postponed this for 30 days to get more input. He said if it is turned down tonight, it is turned down, but if the Board postpones it for 30 days, you could get with your people. Mr. Clayton said there is a contract and he does not know if they could get it extended. Page 10 Z B A Minutes October 22, 1991 Mr. LeBaron said the next meeting would be November 21st. Mr. Ingham said he does not have a problem with the sign, with how it looks or the square footage, but his concern is Owens and Foleys are existing businesses here in North Richland Hills and how is it going to affect them. He asked if they are comfortable with the way the sign will look now. Mr. Cypert asked Mr. Bradford if after viewing the pictures, if he feels any differently than he did. Mr. Clayton said he had discussed this with some folks here about the sign and if they can get the Shoney's sign on the bottom part, they will eliminate the reader board. Mr. Bradford said he is still concerned with the lower signs. He said he does not feel there is enough information to make a statement. Mr. Bradford said he drove it several times last week and at 65 miles an hour, there is not a very large window there. He said you can see North Hills Mall, but with the lower signs, it could block this vision and the window might be closed. Mr. Skinner said we do not know what the height of the new freeway will be in a few years, it may be different 10 years from now, you may be in a bigger window. Chairman Duer asked the height of the second sign. Mr. Clayton said he believed it is about 35 feet. Chairman Duer asked if it could be raised some on the pole so it would not be the same height as others there. Page 11 Z B A Minutes October 22, 1991 Mr. Skinner said it is 25.9 feet to the top of that sign. Mr. Clayton said the sign would be structured where the second sign could be placed anywhere the window might be. Chairman Duer asked if it would help Foley's if they moved it up; it would widen their window. Mr. Bradford said they have no objection to the 70 foot sign. Mr. Skinner said they could put in their motion that it not block Foley's sign. He asked if that would be agreeable. Mr. Bradford said it would. Chairman Duer asked if they postponed this request, would it kill the project. Mr. Clayton said their contract date is November 8th. He said the compromise of taking off the reader board should be enough. Mr. LeBaron said we had to communicate with faxes in order to get this request here in time to get the legal notices out and get this request on this agenda. He said the November meeting would have been too late. Bud Acken came forward. He said he is the sign manufacturer for Shoney's nationwide. He said the broker in charge has just brought to our attention that where the sign has been shown is in a sewer easement and a pipeline easement, so this sign needs to be relocated. There was discussion between the Board and Mr. Acken about where the sign would have to be located. Page 12 Z B A Minutes October 22, 1991 BA 91-19 APPROVED Mr. Skinner made the motion to allow the 70 foot height, allow the top sign to be 30 feet by 9.6 feet and that the second Shoney sign showing a demention of 17.6 be allowed somewhere on the extention of the lower half of that pole approximately 20 to 30 feet in the air and that the 8 by 4.2 inch reader sign be eliminated, and the sign be positioned on the property within the city ordinances and approved by the inspectors. Chairman Duer said if we have the second sign that low, we could run into problems with other businesses saying it is blocking their sign. He said if we could get the second sign above 35 feet, it would not block anyone's view. Mr. Skinner amended his motion to "above 35 feet to avoid any line of sight obstruction of the other businesses". This motion was seconded by Mr. Cypert and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 9:00 P.M. ,.$·7ß-/ þ~ Tom Duer, Chairman Zoning Board of Adjustment