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HomeMy WebLinkAboutZBA 1991-12-19 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS DECEMBER 19, 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 P & Z Coordinator Tom Duer Jeff Bunting Robert Skinner Jim Kemp Mark Barfield Barry LeBaron Steve Pence Wanda Calvert ABSENT: Billy Cypert Steve Ingham CONSIDERATION OF THE MINUTES OF NOVEMBER 21, 1991 Mr. Skinner made the motion to approve the minutes as written. This motion was seconded by Chairman Duer and the motion carried 2-0 with Bunting, Kemp, and Barfield abstaining since they were not present at the meeting. 1 . BA 91-23 Request of John P. Johnson to vary from Zoning Ordinance #1080 on Lot 10, Block 15, Kingswood Estates, Section 2 to be allowed to construct a car port and fence beyond the 25 foot side building line. This property is located at 7825 Miracle Lane. Chairman Duer explained that it takes 4 affirmative votes to pass a request. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Johnson came forward. He showed pictures of the area. He said he lives on a corner lot on Miracle Lane and Miracle Court. Mr. Johnson stated that the concrete drive and approach have been poured. He said his Page 2 Z B A Minutes December 19, 1991 concrete contractor was to have gotten the permit, but he only permitted the approach. Mr. Johnson said he set the posts in the concrete for the car port and upon a visit from the City Inspector, he found out the car port had not been permitted. Mr. Johnson said the fence was there when he bought the house in 1985; all he is doing is re-doing it for aesthetic purposes. He said the fence is on the original line. Mr. Johnson stated he has a large boat he intends to protect. He said the cuI de sac is a very crowded area; he has 3 vehicles and his neighbor across from his driveway has 3 vehicles. Mr. Johnson said he knew he was over the building line, but he did not know it had not been permitted. Chairman Duer asked if most of the contractors know they have to get a permit for concrete work. Mr. LeBaron said they are aware of it. Chairman Duer asked who the contractor was. Mr. Johnson said it was Robert Blackwell Concrete. He said it probably was just a misunderstanding as to what would be permitted. He said he gave him a copy of the plat and all his drawings. Chairman Duer asked if he had contacted him about this. Mr. Johnson stated he had. He said the City Inspector did approve the drive approach and slab, but he could see the posts sticking up for the car port and he said he did not have a permit for the car port or fence. Mr. Barfield asked if the gate was there where it is now. Page 3 Z B A Minutes December 19, 1991 Mr. Johnson said yes. He said he had previously had a gravel drive for his boat. He said the original fence line is the same as it is now. Mr. Skinner asked if the old fence extended that far out. Mr. Johnson said it did. He said the corner of his house also sets across that line. He said he had his house re-financed once and had no problem with it. Mr. Kemp asked if he reset his fence posts or just replaced the panels. Mr. Johnson said he just replaced the panels. Chairman Duer said they would have to assume the original people did not get a fence permit. He said we have lots of problems with fencing on corner lots and especially corner lots on cuI de sacs. Chairman Duer said the Board is here to try to work out a compromise that will not only satisfy the applicant, but also the neighbors. Mr. Johnson said one of the pictures shows that his neighbor adjacent to his driveway has a shed he has had for almost 5 years, but he does not have a fence. 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 December 19, 1991 Chairman Duer read two letters that were sent in opposition to this request: "This letter is in reference to our telephone conversation on December 9, 1991. As I stated, we are in opposition to repealing the above mentioned zoning ordinance. When we purchased our home several years ago, we were attracted to this addition because the restrictions in place created a visually appealing neighborhood. The zoning of our neighborhood allowed our property to increase in value over the years. We believe that repealing this ordinance would only open the flood gate for future development that would have a negative affect on our property value. I also stated some specific oppositions to voicing matters in this forum. We are totally in favor to public hearing opportunities in all matters brought before the city. However, we would like to see addition channels of public voice surface for those of us who cannot attend this meeting. We hope you will give our letter the same weight as our voice would have in person. Thank you for your cooperation in this matter. A very concerned citizen of Block 15, Kingswood Estates." "Although we are unable to attend the hearing set for Thursday, please accept this letter as another voice of deep concern and direct opposition to the referenced application for a variance. We believe the deed restrictions and zoning ordinances in our neighborhood are there for the purposes of protecting those property values. To vary from these rules does invite many problems concerning the execution of those zoning ordinances. In addition, we would encourage our neighbors who would consider zoning ordinance variances to instead consider alternative plans (to car ports, intruding fences, etc.) so that we can Page 5 Z B A Minutes December 19, 1991 all live in greater peace and prosperity together. Thank you for your consideration. The F. T. Schorn Family." Mr. LeBaron said they also had a complaint from TU Electric. He said they are concerned about the 10 foot electrical easement because there are wires within that easement serving the street lights and also there is a buried 7200 volt line within that 10 foot easement. Mr. LeBaron said the line serving the street lights is about 24 inches deep and the 7200 volt line is 42 inches deep. Mr. Kemp asked if a permit is needed on an existing fence. Mr. LeBaron said you would need a permit to repair or replace a fence. Chairman Duer stated he did not feel the Board could grant anything within this electrical easement. He said the car port would have to be moved back at least 10 feet. Chairman Duer said there is also a 5 foot utility easement across the back. He said there is a 10 foot rear building line requirement that he would need a variance on. He said it looks like the concrete is less than 5 feet from the back property line. Chairman Duer said they would consider Mr. Johnson extending the concrete to get the car port away from the street and electrical easement. Mr. Bunting asked about the 10 feet. Chairman Duer said that TU Electric will not allow any permanent structure within their easement. Mr. Bunting asked if there were any restrictions against building a car port in the back yard. Page 6 Z B A Minutes December 19, 1991 Mr. LeBaron stated there are no restrictions if you build within the building lines. He said the zoning ordinance requires a 10 foot rear building line. Mr. Johnson said Mr. Williams, the City Inspector, approved the concrete where it was laid out. He said the inspector said the only problem was the fence and the up right. Chairman Duer said the concrete is not considered a permanent structure. Mr. Johnson said he has a copy of Ordinance #1080, Section 5.5.3 rear yard open space area. He said 5 years ago he built a redwood deck and a play ground in his back yard. He said if he has to pour additional concrete, he will not have much back yard left. Chairman Duer said the Board does not have the authority to give a variance on the 10 foot TU Electric easement. He asked how much more concrete would he have to pour to take it out of the 10 foot electrical easement. Mr. Johnson said the minimum would be a 10 by 10 foot pad. He said right now it starts at 9 feet from the street to the first post for the car port. Chairman Duer said if Mr. Johnson would pour another 10 feet, it would satisfy him. He said then he would only be asking for an 18 foot set back, a 7 foot variance as opposed to a 25 foot set back. Mr. Bunting asked if he was talking about the fence. Chairman Duer said no, he was more concerned with the location of the car port. He said the fence has been there since 1985. Page 7 Z B A Minutes December 19, 1991 There was some discussion about how much concrete would have to be poured. Mr. Johnson asked about the zoning ordinance requirement for a 20 foot side yard and he has to have a 25 foot. Chairman Duer said that is the problem we have with corner lots and cuI de sacs. Mr. Kemp asked about the 10 foot rear set back. Chairman Duer said the car port is a permanent structure, but said he would consider a variance if he would get it off that 5 foot easement. He said the concrete can go into the easement but not the structure. Mr. Johnson said if he has to move the car port, he has no chance for a car port. Chairman Duer said you might could curve or angle the additional concrete. He said you have to have at least 5 feet with no permanent structure on it. Mr. Johnson said the car port as it stands now will be 30 by 12 feet. Mr. Barfield asked how long his boat was. Mr. Johnson said he has a 20 foot boat, then a trailer. He said he also planned a shed. Mr. Johnson said the main problem came because the job was not permitted. He said if he extended the car port, he would not have the rear yard requirement. Mr. LeBaron said the 20% rear yard applies only to the main structure. Page 8 Z B A Minutes December 19, 1991 Chairman Duer asked Mr. Johnson if he would like for this request to be tabled so he could consider other options. He said if the Board votes and turns this down, that is it, it is final. Mr. Johnson said he had rather find out the Board's vote tonight. Mr. Barfield asked if the Board votes not to approve this and he modifies it, would he be allowed to re-submit. Mr. LeBaron said he could not re-submit the same application. He said if Mr. Johnson submits an application for a building permit within the building lines, the Board would not see it, but if he modifies it some, it would be brought back to the Board for consideration. Mr. Skinner said there are several violations here to the zoning ordinance. He suggested Mr. Johnson go to the library and read all the restrictions in the zoning ordinance. After much discussion, Mr. Johnson said he had rather the Board table his request until next month. BA 91-23 TABLED Mr. Kemp made the motion to table BA 91-23 until the January meeting. This motion was seconded by Mr. Barfield and the motion carried 5-0. Mr. Skinner asked Mr. Pence if Ideal Pool had applied for a permit. Mr. Pence said they had. Mr. Skinner asked if they had complied with the 3 requirements this Board asked for: 1) an 8 foot barrier fence; 2) a bond to cover filling the holes; and 3) proof of ownership. Page 9 Z B A Minutes December 19, 1991 Mr. Pence said they submitted their plans yesterday; the plans showed an 8 foot barrier fence between them and the neighbor; the bond will be done at the time they pull the permit; and ownership, they are supposed to close on the property tomorrow or Monday and they will bring proof of ownership then. ADJOURNMENT The meeting adjourned at 8:25 P.M. .?~ b~ Tom Duer, Chairman Zoning Board of Adjustment