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HomeMy WebLinkAboutZBA 1990-05-17 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MAY 17, 1990 - 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 Secretary Members Alternate Member Dir. Community Dev. Asst. Bldg. Official Code Enforcement P & Z Coordinator Tom Duer Robert Skinner Ron Hubbard Billy Cypert Jeff Bunting Jim Kemp Danny Taylor Bob Williams Paula Cline Wanda Calvert ABSENT: Richard Lawson . Since all regular members are present, Alternate Member, Jim Kemp, will not vote. CONSIDERATION OF THE MINUTES OF APRIL 19, 1990 Mr. Skinner made the motion to approve the minutes as written. This motion was seconded by Mr. Hubbard and the motion carried 4-0 with Mr. Bunting abstaining since he was not present at the meeting. 1 . BA 90-03 POSTPONED 3/15/90 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. Chairman Duer stated this request was heard and then postponed at the March 15th meeting. Mr. Hubbard made the motion to reopen the Public Hearing. This motion was seconded by Mr. Cypert and the motion carried 5-0. . Page 2 Z B A Minutes May 17, 1990 . Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Farhood came forward. He said he is asking for a variance to not have to brick the buildings and ask that the temporary buildings which are too large, be left there. Mr. Skinner asked if there had been any inspectors out since the last meeting. Mr. Farhood said there had not. 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 please come forward. There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Hubbard stated this is a two fold request; he wants a variance from the masonry requirement and the buildings are too large. Mr. Cypert stated that there was a person, Marvin Smith, who spoke in opposition to this request at the March 15th meeting. . Mr. Taylor stated the portable buildings are 12 feet by 20 feet which would be 240 square feet. He said if they were 10 feet by 20 feet, he would not have to brick them. Mr. Taylor stated that he can have 2 accessory buildings on a Commercial lot, but if they are over 200 square feet, they have to be masonry. Mr. Hubbard asked how long had the buildings been there. Page 3 Z B A Minutes May 17, 1990 . Mr. Farhood said he was not sure, but they were there when he purchased the property. Mr. Hubbard asked if one of the buildings was over the rear building line. He said if it is on a utility easement, it would have to be moved. Mr. Taylor said the plat must have showed an easement. Mr. Farhood said he did not think it was on an easement. Mr. Hubbard said this Board cannot grant a variance if it is over an easement. Mr. Kemp stated the utility easement is between this building and the cemetery. . Chairman Duer asked Mr. Farhood if he purchased the property as it is. Mr. Farhood said he purchased it subject to getting this approved. Chairman Duer said the purchaser has to bring it up to code. Mr. Skinner said he understands they are using this for storage. He said they stored their materials other places before they purchased this property. Mr. Skinner stated that you can not store stuff in a C-2 zoning. He said he thinks both buildings should be removed. Mr. Taylor said you can have storage if it is in conjunction with the main use of the building, like a plumbing shop. . Mr. Skinner said the carpentry shop next door is going to be demolished. Page 4 Z B A Minutes May 17, 1990 . BA 90-03 DENIED Mr. Cypert made the motion to deny BA 90-03. This motion was seconded by Mr. Skinner and the motion to deny carried 4-1 with Mr. Hubbard voting against denial. 2. BA 90-05 TABLED 4/19/90 Request of Ray F. & Maxine Ramsey to vary from Ordinance #1471, Flood Damage Prevention Ordinance, on Lot 19, Block 8, Hillview Addition, to be allowed to build a garage and art studio on an existing slab that is in the flood plain. This property is located at 4306 Steven. Chairman Duer stated this request was heard and then tabled at the April 19th meeting to allow time to talk to FEMA. . Mr. Hubbard made the motion to reopen the Public Hearing. This motion was seconded by Mr. Bunting and the motion carried 5-0. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Ramsey came forward. He said he understood that the request was tabled because they were going for a study with FEMA and the Corp of Engineers. He said he has a letter from Mr. Dickens who spoke with the department head of Flood Control with FEMA and the letter said to deny the building unless a study is made. Mr. Ramsey asked who does the study. Chairman Duer said there could be a study if the homeowner wishes to finance a study. . Mr. Ramsey asked when the City updates their maps. He said there had been major renovation to the channel. He said the study was done in 1985, but he understands that a new study can be made, but someone has to request it. Page 5 Z B A Minutes May 17, 1990 . Mr. Ramsey said he does not feel he should be penalized. He said when they built the channel, they built it 10 feet deep and 20 feet wide. He said in the past 20 years, water has never gotten out of that channel. Mr. Ramsey said this time, it never got over half full. He said it would have to rise 1~ feet above the top of the channel to get above the slab. Mr. Ramsey said that at the time the slab was poured, it was approved by the city. Mr. Ramsey said he requests approval, but if not, what recourse does he have. Chairman Duer stated Mr. Ramsey could pursue it in District Court. Mr. Ramsey asked what option could he have to go ahead with his project. . Chairman Duer stated that if the Board approved this, we would run the risk of losing flood insurance for the entire city. Mr. Ramsey said he did not want to be the cause of that, but if it reached the 100 year flood next week, there are fences and portable buildings already there. He asked why can't the Board approve it because it was approved in 1983. Mr. Cypert stated that under our ordinance and FEMA regulations, this Board would stand to lose flood insurance for the whole city. . Chairman Duer read the letter from Greg Dickens, dated April 25, 1990: "By your action, you delayed a decision on his case for 30 days to give the undersigned a chance to contact FEMA officials to ascertain whether or not granting the application would adversely affect the City. I contacted our attorney and discovered that Mr. Ramsey had already spoken to him since the meeting. Page 6 Z B A Minutes May 17, 1990 . Mr. McEntire and I contacted the department head (Flood Control) for FEMA at 2:00 p.m. on April 20, 1990. The problem was discussed with him and we ascertained that if the City allows the application, it would adversely affect the rights given to all of our citizens to procure flood insurance. This right to purchase flood insurance is conditioned upon the City's enforcement of our model FEMA Ordinance (Ordinance #1471). If we did not have the ordinance, many of our residents would be denied flood coverage. The same is true if we do not enforce it. This department is in the process of filing a mandatory injunction against one land owner who has constructed a fence in an area in violation of the FEMA Ordinance. . Please understand that any study to determine if the construction of this building would have an "adverse effect" on the carrying capacity of the 100 year flood plain would take 2-3 months, cost a minimum of $5,000 and require at least an additional 3 to 6 months for FEMA to review and approve. It is not the City's current policy to do the required engineering review, calculations, and computer runs it would take to verify "no adverse effect" for the homeowner, property owner, builder, or developer. Therefore, if the owner will not provide the proper documentation to verify "no adverse effect", we recommend that BA 90-05 be denied. Signed Gregory W. Dickens." . Chairman Duer also read a letter to Kevin Miller, Asst. Director of Public Works, from Bob Miller, Director of Economic Development, regarding Floodway Variances and the National Flood Insurance Program: "I wanted to follow up with you today relative to our meeting yesterday with Keith Krause of the Texas Water Commission. Page 7 Z B A Minutes May 17, 1990 . Mr. Krause requested this meeting and drove up from Austin to review our flood plain management program to ensure that we were in compliance with all federal regulations. The only area of concern I had after our meeting is relative to the granting of variances for construction in the floodway. There have been instances where cities/counties have been removed from the National Flood Insurance Program after granting variances for construction in a floodway. . As city staff, we must be sure that the Zoning Board of Adjustment is made aware of the fact that the Flood Insurance Program in NRH could be jeopardized by the granting of such variances without the proper documentation and approvals. Signed by Bob Miller." Mr. Skinner read from the Flood Prevention Ordinance #1471: "Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless certification by a professional registered engineer or architect is provided demonstrating that encroachments shall not result in any "adverse effect" on the carrying capacity of the 100-year flood plain during the occurrence of the base flood discharge." Mr. Ramsey said he already has the foundation and what he would erect on that foundation would not hinder the flow. . Chairman Duer stated that some houses in the area are in the flood plain, but they will not allow new construction. Page 8 Z B A Minutes May 17, 1990 . Mr. Bunting said if the study was made in 1985, what has happened to alter it since 1985. Mr. Taylor said if they have done some work on the channel since 1985. Chairman Duer said since this is an existing residential area for 35 years, they probably will not do a study. Mr. Bunting asked if there had been a study done. Mr. Taylor stated they do not plan to do a study in the near future. He said the improvements were done last year. . Mr. Ramsey asked shouldn't there have been a study done. He said they have widened the channel at Rufe Snow. He said the water did not get up over 2 feet this time, but he has seen it over Rufe Snow Drive before. Chairman Duer stated that during the last big rain, it got 2~ feet over the Lola Street bridge. Mr. Ramsey said it was the worst in 80 years; it was almost the 100 year. Mr. Hubbard stated there would have to be a study made. Mr. Bunting said he would suggest Mr. Ramsey petition FEMA to do a study. Chairman Duer said FEMA is the only one that can tell us this decision would not affect the city. He said the Board did the right thing by denying that church. He said FEMA came out and did elevations on it to see if it was done right. . Mr. Ramsey stated he would go to FEMA and see what he could get done. ~ Page 9 Z B A Minutes May 17, 1990 . 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, the Chairman closed the Public Hearing. BA 90-05 DENIED Mr. Hubbard made the motion to deny BA 90-05. This motion was seconded by Mr. Cypert and the motion to deny carried 5-0. 3. BA 90-06 Request of Ganelle Bursly Woolly to vary from the Zoning Ordinance #1080 on Lot 13, Block 4, Hillview Addition, to allow a car port to be beyond the front building line. This property is located at 6771 Mike Drive. . Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Ms. Woolly came forward. She stated she put the car port up without a permit. She said she called to see about enclosing her garage and was told she had to provide covered parking for 2 cars. Ms. Woolly stated that her Father died in August and her Mother has a heart problem and needs someone to take care of her. Ms. Woolly stated there are 4 car ports on her street and she did not know she needed a permit. She showed pictures of car ports in the area, but she did not have a picture of her car port. . Chairman Duer called for anyone else wishing to speak in favor of this request to please come forward. Page 10 Z B A Minutes May 17, 1990 . 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. Hubbard asked how for beyond the building line it is. Chairman Duer said it shows 19 feet from the street. Mr. Cypert asked if there was a permit issued on the conversion. Mr. Williams stated there was. . Chairman Duer asked if Ms. Woolly had considered putting the car port in the rear. He said you have 9 feet on the side of your house. Ms. Woolly said she has borrowed to the hilt. She said she would have to build a drive way and that would be expensive. Chairman Duer stated he was concerned that the car port is not strong enough. He said he feel she needs to have the car port inspected. He said he wanted it to be as economical as possible, but it looks like it could collapse and hurt someone. Mr. Hubbard asked how long had the car port been up. Ms. Woolly said about 3 months. Mr. Bunting asked if the city could inspect it. . Mr. Williams said if the Board sees fit to approve it, she would need to apply for a permit, then the inspector would go and inspect it to see if it would meet the 70 mile an hour wind Page 11 Z B A Minutes May 17, 1990 . requirement and the building code. Chairman Duer stated there are at least 4 car ports on this street and the property directly across the street has a car port. Mr. Hubbard stated he was concerned why she was not told she needed a building permit for the car port. Chairman Duer said if they are going to allow the garage conversion, she will need the car port, but if the Board denies this, she must tear it down. He said if approved, it should be built to code or reinforced. Chairman Duer asked if they inspect the property prior to issuing a permit for the building. . Mr. Williams said they did not. He said they go when they are called. Mr. Bunting asked if it could have been done on one permit. Mr. Williams said it could have been if it had been shown on the plans. Chairman Duer said the building permit would have been denied had they asked for it to be built beyond the building line. Mr. Williams said that is correct. He said they would have had to put it some where else. Mr. Hubbard stated she does not have the funds to build the car port in the back so she would have to turn the garage back into a garage if the request is denied. Mr. Kemp said the Board needs to determine if it is a hardship. . Page 12 Z B A Minutes May 17, 1990 . BA 90-06 APPROVED Mr. Bunting made the motion to approve BA 90-06 with the stipulation that a permit be taken out and the car port be brought up to code. This motion was seconded by Mr. Cypert and the motion carried 5-0. 4. BA 90-07 Request of William L. Hatley to vary from the Zoning Ordinance #1080 on Lot 6, Block 2, Londonderry Addition, to be allowed to have a car port beyond the 7 foot side yard requi~ement. This property is located at 7324 Londonderry Drive. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Bill Hatley, 7324 Londonderry Drive, came forward. He said he built a pool in the back yard and built a car port and storage. He said he did not realize he needed a permit. He said he made a side entrance and storage for the chemicals for the pool. Mr. Hatley said the inspector, Mr. Riney, said he needed a permit so he applied for one, but it was denied. He had pictures he submitted of the car port and letters from neighbors who had no objection to the car port. Mr. Skinner asked how wide the car port is not including the storage. Mr. Hatley said it was 21 feet and it slants to the back. He said there will not be any water carried off to the neighbors. Mr. Skinner asked what was in the garage. Mr. Hatley said cars and storage. . Page 13 Z B A Minutes May 17, 1990 . Mr. Skinner said he is exceeding the building line by 5 feet. Mr. Hatley said that is correct. Mr. Bunting said if you reduce the car port by 5 feet, could he still park a car under it. Mr. Hatley said it would ruin the structure of the car port. He said the posts are in concrete now, but would have to be put on a plate. Mr. Skinner asked how long the car port was from front to back. Mr. Hatley said it was 21 feet. He said the door swings out and does not hit the car. . Mr. Skinner asked if the posts were in earth. Mr. Hatley said they were in concrete and about a foot below the concrete. 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 asked if you could leave an overhang. Mr. Williams said the overhang could only be 3 feet. . Mr. Skinner asked if it could extend over an easement. Page 14 Z B A Minutes May 17, 1990 . Mr. Taylor said it could not. He said it had to be where they could get equipment in there if necessary. Mr. Hubbard asked if there was a 5 foot encroachment into the side yard requirement. Mr. Hatley said that is correct. Mr. Skinner said he could move the posts in 5 feet and leave the overhang 3 feet. He said that would cut off 2 feet. Mr. Williams said there are other structures that would have to be moved. Mr. Bunting said you are wanting him to do all this for only 2 feet. . Mr. Taylor said the easement is on the rear of the property. BA 90-07 APPROVED Mr. Hubbard made the motion to approve BA 90-07 as requested. This motion was seconded by Mr. Cypert and the motion carried 4-1 with Mr. Skinner voting against. OLD BUSINESS 5 . BA 89-33 Up-date on progress of Randall G. King to remore trailer by June 1, 1990 on Lot 12A, Block 5, North Richland Hills Addition, at 7339 Grapevine Highway. Mr. Taylor said the abatement date is June 1, 1990 and on June 4th the Code Enforcement Officer will start issuing citations on the trailer and the electric. He said nothing has been done to take care of the problem. Mr. Skinner asked when does he plan to inspect the building. . Mr. Taylor said June 4th. Page 15 Z B A Minutes May 17, 1990 . NEW BUSINESS 2. BA 90-05 ADJOURNMENT . . ~ Chairman Duer said he would feel better if the Board refunded Mr. Ramsey's fee for requesting the variance. Chairman Duer made the motion, because of the financial burden on Mr. Ramsey, to refund the variance fee to Mr. Ramsey. This motion was seconded by Mr. Cypert and the motion carried 5-0. The meeting adjourned at 9:00 P.M. ~. ?L ¿10../ Chairman Zoning Board of Adjustment