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HomeMy WebLinkAboutZBA 1990-03-15 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 15, 1990 - 7:30 P. M. CALL TO ORDER The meeting was called to order by Acting Chairman, Ron Hubbard, at 7:30 P. M. ROLL CALL PRESENT: Acting Chairman Secretary Member Alternate Members Dir. Community Dev. Ron Hubbard Robert Skinner Billy Cypert Jim Kemp Richard Lawson Danny Taylor ABSENT: Torn Duer Jeff Bunting CONSIDERATION OF THE MINUTES OF FEBRUARY 15, 1990 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 90-02 Request of Robert D. Niederhauser to vary from the Zoning Ordinance #1080 on Lot 16, Block 3, Western Oaks Addition, to allow fence to be beyond the side building line. This property is located at 6856 Rolling Ridge Drive. Acting Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please corne forward. . Bob Niederhauser, 6856 Rolling Ridge, came forward. He stated the building line is 20 feet, 30 feet from the curb, and he is requesting the fence to be 20 feet from the curb. Mr. Niederhauser said he has a letter from the property owner whom the fence would abut his property stating the fence would not obstruct his vision. Mr. Niederhauser stated that across the street on the corner, the neighbor carne in and received a variance for his fence to be 20 feet from the curb. Page 2 Z B A Minutes March 15, 1990 . Mr. Niederhauser showed pictures of his property and others in the area who have their fences from 10 to 15 feet from the curb. He said he does not feel his fence would obstruct the view and feels it would look good and it would be in line with the other fences in the area. Mr. Skinner asked if his fence would be butting up against Buchanan's fence in the back. Mr. Niederhauser said it would. Mr. Skinner asked him when he purchased his property. . Mr. Niederhauser said they first contracted with the builder June 11, 1989, started building on the property in October, and completed and moved in the second week of February. Mr. Skinner asked if he was asking for the fence to be 20 feet from the curb. Mr. Niederhauser said that was correct. Acting Chairman Hubbard called for anyone else wishing to speak in favor of this request to please corne forward. There being no one, the Acting Chairman called for those wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Acting Chairman closed the Public Hearing. Acting Chairman Hubbard asked, besides the letter from Mr. Buchanan, was there any more correspondence. . Mr. Taylor said there was no more. Page 3 Z B A Minutes March 15, 1990 . Mr. Skinner asked if all the lots were occupied. Mr. Lawson said no, they are not all occupied. BA 90-02 APPROVED Mr. Cypert made the motion to approve BA 90-02 as requested. This motion was seconded by Mr. Kemp and the motion carried 5-0. 2. BA 90-03 Request of Edward Farhood to vary from the Zoning Ordinance #1080 on Lot 8, Block B, Smithfield Addition, to be allowed to vary from the masonry requirement in Commercial zoning. This property is located at 7921 Main Street. . Acting Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please corne forward. . Ed Farhood came forward. He said he has some temporary buildings on this property. He said if he had to brick them, they would no longer be temporary. Mr. Farhood said they do not comply with the building regulations; they are about 2 feet too large. He said he would like to ask for a variance to leave them in the present location and not have to brick them. He said he would be more than willing to move them if the Board decided that they are an obstacle to the surrounding neighborhood. Mr. Farhood stated that the repairs on the permanent building are at present up to code with the exception of having brick on the side. He said being existing when the City annexed the City of Smithfield, this building was non-conforming with the new codes, but he said he had it inspected by the City Inspector and all violations were corrected. Page 4 Z B A Minutes March 15, 1990 . Mr. Farhood said on the second visit from the Code Enforcer, he was informed of the masonry regulation. Mr. Farhood said, as you can see, the building conforms with the neighborhood. He submitted photographs of the neighborhood. Mr. Kemp asked what kind of business is located here. Mr. Farhood said there was none at present. He said he intends to have an office there, Rental Management. He said he owns some apartments and single family residences in the city and he may need an office. Mr. Farhood said right now he is using it for storage. Mr. Skinner asked what the other buildings used for. . Mr. Farhood said they are used for storage of material, appliances, lawn mowers, etc. from the rental property. Mr. Skinner asked if the buildings were permanently attached. Mr. Farhood said they were not. He said they are mounted on blocks. He said they are up to code with fire extinguishers, lights, and smoke detectors. Mr. Skinner asked when he purchased this property. Mr. Farhood said it was about 4 months ago. Mr. Skinner asked what is next door to your building to the left. . Mr. Farhood said he would prefer not to comment on that. He said he thinks there is a problem with the building department and the owner, Mr. Carpenter. Page 5 Z B A Minutes March 15, 1990 . Mr. Skinner said, Mr. Farhood said the building had been brought up to code; he asked which building. Mr. Farhood said the front one. He said he has one permanent building and two temporary buildings. Acting Chairman Hubbard asked since he has other rental property, does he have other storage facilities. Mr. Farhood said he doesn't. Acting Chairman Hubbard asked what he used before he acquired this property. Mr. Farhood said he used a vacant apartment. Acting Chairman Hubbard asked what about the lawn mowers and such. . Mr. Farhood said he has a club house they no longer use and he stored them there. He said nothing is stored on the outside of this property; all on the inside. Mr. Skinner asked if he had been informed as to what size storage building you could have without having to brick it. Mr. Farhood said he believed they are two feet over. Mr. Skinner said they have to be less than 200 square feet and both of these buildings are over 200 square feet. Mr. Farhood said they are 12 feet by 20 feet. Mr. Skinner asked of he could bring them down to 200 square feet. . Mr. Farhood said if necessary, he could cut two feet off. Page 6 Z B A Minutes March 15, 1990 . Mr. Skinner said, from the pictures he has here, you cannot put those two portable building in that lot without being within an easement. Mr. Farhood said the building were there when you annexed the property; they are non-conforming. Mr. Skinner said we do not ask you to change them until a change of ownership or a change of Certificate of Occupancy. He said he would then have to bring them up to the current ordinances. Mr. Farhood said he cannot bring them up to code; he would have to buy the street or some more property. Mr. Skinner asked what the size of the easement was. . Mr. Taylor asked Mr. Farhood about the rear easement. Mr. Farhood said he was okay on the rear easement. He said there is about 25 feet between the cemetery and his building. Mr. Skinner asked about the side. Mr. Taylor said he is off his property line, but very little. Mr. Farhood said there is no encroachment. Mr. Taylor said the buildings are too close to the side property line under the current ordinance. Mr. Skinner asked if he took the 2 feet off the buildings, would it be okay. . Mr. Taylor said he was not sure. He said he would have to check because the lot is only 25 feet wide. Page 7 Z B A Minutes March 15, 1990 . Acting Chairman Hubbard asked what condition are the portable buildings in. Mr. Farhood said they are very good; they are insurable. Mr. Taylor said in C-2 zoning, you have a 15 foot side building line only when it joins residential, and this does not join residential, so this is not a factor; he could go right up to the line. Mr. Lawson said the only problem is the buildings are too large. Mr. Taylor said in C-2 you can not have 2 accessory buildings, and then when they are over 200 square feet, we get into the masonry requirement and permanent foundation. . Mr. Lawson asked if it is too close to anything. Mr. Taylor said they were not. Mr. Farhood said he does have fire walls on the temporary building. He said the inspector required it. He said there is 12 feet 2 inches between the permanent building and the first portable building and the inspector wanted a fire wall on it, which we did. Mr. Skinner said it comes down to the square footage and masonry. Mr. Farhood said yes. He said he would have to put permanent foundations under them and he is required to brick them. Acting Chairman Hubbard asked about the permanent building. . Mr. Farhood said the front already has some brick. He said he would have to put brick on the sides and back. Page 8 Z B A Minutes March 15, 1990 . Acting Chairman Hubbard called for anyone else wishing to speak in favor of this request to please come forward. There being no one, the Acting Chairman called for those wishing to speak in opposition to this request to please come forward. . Marvin Smith, 7609 Douglas Lane, came forward. He said he had lived in the City of North Richland Hills all his life. He said he is vary aware of this property. He said he was not notified of this request, but he was here for something else. Mr. Smith said he owns the property directly across the street at 8000 Main Street. He said it used to be an old barber shop and he bought it about 4 years ago and erected a very nice red brick building. Mr. Smith said he got some history of the site and erected a plaque on the building telling the history. . Mr. Smith said, about the building across the street, he doesn't have a problem with Mr. Farhood storing stuff there, but he does have a problem with keeping portable buildings there. Mr. Smith said he would like to see the area become something better in the future. He said he has plans, in the future, to purchase more property on that street and build more nice buildings there. Mr. Smith said if the Board approves allowing portable buildings there, you will open the door for an eyesore. He said the feed store, down the street, has been redone, was brought up to code, and looks real nice. Mr. Smith stated there has been write-ups in the local papers about it and they also did an article on the building he built there. He said he has done a lot in the last several years to make the Smithfield area look nice. Mr. Smith Page 9 Z B A Minutes March 15, 1990 . said he built the depot there which he uses as an office and built the strip center, all being an asset to the area. Mr. Smith said he is not opposed to the man using the permanent building for storage, but if he needs more storage, instead of allowing portable buildings, he could rent a storage space. Mr. Smith said that is what he does. He said he would not be opposed to the man adding on to the back of the building, but he does have a problem with the storage buildings. Mr. Smith said he would like to see something better than what is there. Mr. Skinner asked if the street next to Mr. Smith's building is an approved or unemproved street. . Mr. Smith said it is a short dead-end street that is an old hot topped road. He said his building faces Main Street, which is an approved street, but on the side street, the City has talked about abandoning it. Mr. Smith said he does not think any of those structures were on that property when Smithfield was annexed in 1958. He said he knows the portable buildings didn't exist; they were not there. Acting Chairman Hubbard said Mr. Smith is opposed to the portable buildings, and asked what about the masonry requirement. . Mr. Smith said he feels he should be required to at least brick the front. He said he bricked his entire building. Mr. Smith said this street has a lot of history in it and we are interested in preserving it and making it look good. He said allowing portable buildings there is not going to be preserving history. Page 10 Z B A Minutes March 15, 1990 . Acting Chairman Hubbard asked Mr. Smith if you can see the portable buildings from his building. Mr. Smith said you can. He said the entire piece of property is an eyesore. He said if Mr. Farhood would move the portable buildings and brick the front of the main building, it would be a definite asset. Mr. Smith said for him to brick the front and put an awning on it. Mr. Smith said he had previously done a preliminary plan for the old fire station before it was torn down, but the economy was such that he couldn't purchase it at that time. Mr. Smith said allowing these people to continue to do these things is not going to better this city. . Acting Chairman Hubbard said he would be allowed to keep the portable buildings if they are down sized. Mr. Smith asked how big the lot is and how much coverage of the lot is allowed. Mr. Taylor said he was not sure, he doesn't have his Zoning Ordinance. Mr. Smith said he knows these buildings were not on that lot when it was annexed in 1958. Mr. Smith said his building is 1250 square feet and is on a 5,000 square foot lot. He said you also have parking requirements. Mr. Smith said with the permanent building alone, it would probably not meet the parking requirement. He said the portable buildings should be moved. He said he would agree if the Board would have him put an awning up with the existing brick trim on the front and remove the portable buildings. . Page 11 Z B A Minutes March 15, 1990 . Mr. Smith said when the feed store remodeled, they brought in an engineer and did it up right. Mr. Smith said he would like, in a few years, to purchase land on this street and build buildings to look antique, like he did the barber shop across the street and preserve the history of the street. Acting Chairman Hubbard asked him if he was not notified of this request. Mr. Smith said he was not notified. Mr. Taylor said it shows you were sent a letter to P. O. Box 80286. Mr. Smith said that is an old box number. . Acting Chairman Hubbard called for anyone else wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Acting Chairman closed the Public Hearing. He asked if there had been any correspondence. Mr. Taylor said there had been none. Mr. Skinner said the portable buildings can be on the easement, but not exceed 200 square feet. Acting Chairman Hubbard said he had a Post Office Box, but has not lost any main going to the new box number. . Acting Chairman Hubbard said the variance request is not to have to meet the 75% masonry requirement for the permanent building and be allowed to leave the portable structures as is. He said he was unable to drive by and see the property, but he feels the structure blends in pretty well with the other buildings currently in the area with the exception of the one across the street. Page 12 Z B A Minutes March 15, 1990 . Mr. Cypert said he thinks Mr. Smith's comments need to be considered since he is a property owner there and he has done what the city asked him to do. Mr. Skinner asked if the Board realize the 2 portable buildings are over 200 square feet. He also asked if any of the Board had viewed these portable buildings at all. . Mr. Taylor said he just wanted to say that this is C-2 zoning and Mr. Farhood wants to use it for storage. He said C-2 zoning cannot be used for storage warehousing, but he has applied to use it as an office area, which is allowed. Mr. Taylor said just using it for a storage warehouse is not allowed, but he has applied for a Certificate of Occupancy for an office building. Acting Chairman Hubbard stated it requires 4 positive votes to approve the variance. Mr. Lawson asked if this property is fenced. Mr. Skinner said it is not. He said he does not have enough parking area. He said a person would have to park on the unemproved road on the side of the property or on the 25 feet in the front, which allows 2 vehicles. Mr. Taylor said if he only uses it for an office, he is required to have 2 spaces, and he would have that. . Mr. Skinner said there are a lot of questions that needs to be answered among the Board members. He said one thing, none of you went out to see the property, and we are only looking at pictures and listening to 2 people talk. Mr. Skinner said he wants to abstain until everyone can see this area. Page 13 Z B A Minutes March 15, 1990 . Mr. Skinner said he felt they should make a motion to postpone this request for 30 days so the Board members can view the area, form our own personal opinions, re-read the requirements that are necessary for the ordinance. Mr. Cypert said he doesn't have a problem with it being tabled if the gentleman so requests. Mr. Skinner thinks there should be a motion to table this case until next meeting until everyone of us have personally gone out and seen it and have a Pre-Board meeting to see what we found out and also charge the city inspection department with telling us about the other buildings close by in these pictures as to whether they are or not in compliance and to what degree. . Acting Chairman Hubbard said the Board is only acting on this one case. Mr. Skinner said that is correct, but we need to know if these others have changed hands in the past, also. Acting Chairman Hubbard said that is a waste of City Staff time and is not relevant to this case. Mr. Skinner said he does not feel comfortable with the information he has before him. He made a motion to table this case until next month. The motion died for lack of a second. Mr. Skinner said he would abstain from voting. . Acting Chairman Hubbard said that will leave only 4 members to vote. He asked Mr. Farhood if he would like to postpone the case until the next meeting when there would be 5 to vote. Page 14 Z B A Minutes March 15, 1990 . BA 90-03 POSTPONED/60 DAYS 3. BA 90-04 . BA 90-04 POSTPONED/NEXT MEETING ADJOURNMENT . , Mr. Farhood said if they postpone it until the next meeting, what would be the date? He said he would be out of pocket. He asked if they could postpone it for 60 days. Acting Chairman Hubbard made the motion to postpone BA 90-03 for 60 days until the May meeting. This motion was seconded by Mr. Lawson and the motion carried 4-0 with Mr. Skinner abstaining. Request of Marvin D. Smith to vary from the Zoning Ordinance #1080, Section 30.6.4 on Lot 29, Block 11, Foster Village Addition, to allow a sign in Residential zoning. This property is located at 6700 Inwood Drive. Mr. Lawson said he felt he should abstain on this request because of the nature of his business, a builder, and his knowledge of the participants involved. Acting Chairman Hubbard asked Mr. Smith if he would like to postpone this until the next meeting so there would be 5 voting members present. Mr. Smith said he would. Mr. Cypert made the motion to postpone BA 90-04 until the next meeting. This motion was seconded by Mr. Kemp and the motion carried 4-0 with Mr. Lawson abstaining. P.M. Acting Chairman Zoning Board of Adjustment