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HomeMy WebLinkAboutZBA 1990-08-16 Minutes ~ ~ . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 16, 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 Alt. Member Dir. Community Dev. p & Z Coordinator Tom Duer Robert Skinner Jeff Bunting Jim Kemp Steve Ingham Barry LeBaron Wanda Calvert ABSENT: Billy Cypert Richard Lawson OATH OF OFFICE Notary Republic Kelly Hallam administered the oath of office to new alternate member, Steve Ingham. . CONSIDERATION OF THE MINUTES OF JUNE 21, 1990 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 Mr. Bunting, Mr. Kemp, and Mr. Ingham abstaining since they were not present at the meeting. 1 . BA 90-09 Request of Jo Ann Jenkins to vary from the Zoning Ordinance #1080 on Lot 26, Block 1, Emerald Hills Addition, to be allowed to have an awning beyond the side building line. This property is located at 8001 Limerick Lane. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Jo Ann Jenkins came forward. She stated they put up the awning on the side of her house. She said she also has a stockade fence. Ms. Jenkins said she has a licensed in home daycare and has several bicycles and tricycles. She said she puts them under the awning. ~ ~ r ~ Page 2 Z B A Minutes August 16, 1990 . Ms. Jenkins said the awning was put up by a professional and has a drain pipe. Mr. Skinner said Ms. Jenkins had signatures of her neighbors having no objections to the awning except the one living next to her, next to the awning. He asked why he didn't sign also. Ms. Jenkins said she could never catch him at home. She said he works odd hours. Mr. Skinner asked if she put the awning up without a permit. . Ms. Jenkins said she did. She said she did not think about getting one. Ms. Jenkins said the awning does not come out even with the house. She said it sets back and is not noticeable. Chairman Duer said the reason for getting a building permit is so they would find out the code. Ms. Jenkins asked what the side building line was. Mr. Skinner said your house is usually built out to the side building line. He said you can only build in the rear. Mr. Bunting asked to see the pictures of the awning. Mr. Dale Jenkins came forward. He said the awning hides the garbage cans. He said it hides more than it shows. Chairman Duer called for those wishing to speak in opposition to this request to please come forward. . ~ ~ ~ ~ Page 3 Z B A Minutes August 16, 1990 . There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Bunting said since it does not throw rain water on the neighbor, he sees no problem with it. Mr. Bunting made the motion to approve BA 90-09 as requested. This motion died for lack of a second. BA 90-09 DENIED Mr. Skinner made the motion to deny BA 90-09 and request the awning be torn down. This motion was seconded by Mr. Kemp. The vote was 3-2 with Chairman Duer and Mr. Bunting voting against denial. The case was denied. . Chairman Duer stated that it takes 4 affirmative votes to approve a request. He said if Ms. Jenkins wishes to carry this further, it can be taken to District Court. 2. BA 90-10 Request of John D. Hoffman to vary from the Zoning Ordinance #1080 on Lot 1, Block 1, Woodbert Addition, to be allowed to use a non-conforming building for an office for his landscape company until he can get a new one built at 7707 Davis Boulevard. The non-conforming building is located at 7705 Davis Boulevard. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . John Hoffman came forward. He said he operates the nursery at 7707 Davis Boulevard and had his office at 7709 Davis, but lost his lease. He said he rented the frame building next door at 7705 Davis and on April 27th, the city inspector came out and said the building can not be used. ~ ~ ~ ~ Page 4 Z B A Minutes August 16, 1990 . Mr. Hoffman stated he plans to build a building on the nursery lot this winter, but it has to be replatted and water and sewer lines put in. He said he had the forms ready when the city had his electricity and water cut off. He said he began to liquidate his plants. He said the city gave him only 30 days to vacate. Mr. Hoffman said he was told he had to put up a fence so he got a permit and started to put up the fence, but he stopped that since he thought he was going to have to get out. Mr. Hoffman said he wants to build a building at 7707 Davis and some green houses. He said he has two bankers that will work with him. Mr. Hoffman said he is asking for a little bit more time. . Mr. Kemp asked when he planned to have the building completed. Mr. Hoffman said early next spring, probably by February. He said he owns 7707 Davis, but he rents 7705. He said he had cleaned the place up. He said it had previously been a transmission shop. Mr. Hoffman said he wants to put a drainage system on his property because there is a pond next to his property. Mr. Hoffman said he was denied a sign permit until he gets his fence put up. Mr. Bunting asked if the city had his electricity turned off. . Mr. Hoffman said Mary Washington with TU Electric called on a Friday and said they had to turn his electricity off because the city would not approve his Certificate of Occupancy. Mr. Hoffman said he asked her if she would wait until Tuesday because he needed time to get out. ~ ~ Page 5 Z B A Minutes August 16, 1990 . Chairman Duer asked Mr. Hoffman if he said there had been a transmission shop there. Mr. Hoffman said there had been one there illegally. Chairman Duer said the property is zoned C-1 Commercial which does not allow a transmission shop. Mr. Skinner asked where Mr. Hoffman was on his building. Mr. Hoffman said they have 4 different layouts. He said his brother is in business with him. He said they hope to be in by February. Mr. Hoffman said they plan to contract out the bulk of the building. . Chairman Duer asked Mr. Hoffman if the Board decided to set a deadline of March 1st, would it be feasible. Mr. Hoffman said it would. Mr. Skinner asked how long will it take to build the building. Mr. Hoffman said approximately 4 months. Mr. Ingham asked Mr. Hoffman if he has been shutting down his business, why does he need an office. Mr. Hoffman said they have a contractual landscaping company, also. Mr. Rock English, 8313 Woods Lane, came forward. He said he lives on the side next to the nursery. He said Mr. Hoffman had been a good neighbor, he just needs to put up the fence. Mr. English said he keeps the grass mowed. . Chairman Duer said he would be required to put up the fence before he gets a C of o. Page 6 Z B A Minutes August 16, 1990 . Mr. Hoffman said when Glenn Blair owned the property, he promised to put up the fence. Mr. Hoffman said when he bought the property, he went to get a permit for the fence, but the city inspector did not know where the fence was supposed to be put. He said Bob Williams said he did not know how to interpret what the council intended. Mr. LeBaron said much of the dilemma was due to a transition in Staff. He said if Mr. Hoffman would come by his office, they would get it resolved. Mr. LeBaron said he was able to get Mr. Hoffman's electricity and water turned back on. Chairman Duer called for anyone 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. Mr. Bunting said they had a case one time where they allowed a transmission shop to use a trailer until a certain time. He asked if they moved the trailer at the appointed time. Mrs. Calvert said they did. Chairman Duer said Mr. Hoffman is asking to use 7705 Davis for a temporary structure. He said the Board could give him a certain date to be brought up to code or vacate. Mr. Kemp said there would be no retail out of this office. Mr. Hoffman said Mr. Blair agreed to put up the fence, and Mr. Hoffman said he will put up the fence. He said the posts are already in place, just the panels are needed. . ~ ~ Page 7 Z B A Minutes August 16, 1990 . Mr. Bunting asked if the city could have your electricity turned off. Mr. LeBaron said they could if you did not have a Certificate of Occupancy. BA 90-10 APPROVED Mr. Skinner made the motion to approve BA 90-10 with the stipulation that he use 7705 Davis as an office only, no retail sales, for 6 months from today's date, and he must have a building permit in 30 days. This motion was seconded by Mr. Bunting and the motion carried 5-0. Mr. Skinner asked Mr. Hoffman if he can take out a building permit in 30 days? Mr. Hoffman said if that is what he has to do, he will. . 3. BA 90-11 Request of Glenn M. Nerwin to vary from the Zoning Ordinance #1080 on Lot 26, Block 17, Kingswood Estates, to be allowed to build a pool beyond the side building line. This property is located at 7724 Aubrey Lane. Chairman Duer opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Glenn Nerwin came forward. He showed the Board a picture of a group of trees he is trying to save. He said the line on the plans is the drip line of the trees. He is wanting to put in a 40 foot in-ground pool. Chairman Duer asked Mr. Nerwin if he is asking that the pool be 6 feet from the property line. Mr. Nerwin said that is correct. He said he will be losing 4 smaller trees. . ~ ~ ~ ~ Page 8 Z B A Minutes August 16, 1990 . Mr. Skinner asked how for is the spa going to be from the house. Mr. Nerwin said he believed it would be 8 feet. He said he can move the spa in line with the pool. He said he would be sure it is 6 feet from the house. Mr. Skinner said he would have to stay away from the house. Mr. Nerwin said the ground slopes and the spa will stick above the ground some. 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 anyone 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. Mr. Skinner said that Mr. Nerwin would have to have his plans redrawn. He asked Mr. LeBaron to be sure they are drawn to the Board's specifications. Mr. LeBaron said he would. BA 90-11 APPROVED Mr. Kemp made the motion to approve BA 90-11 to allow the pool to be 6 feet past the side building line. This motion was seconded by Mr. Bunting and the motion carried 5-0. Mr. Nerwin asked if he would need to come back before the Board when he gets his plan redrawn. . Chairman Duer said he would need to go the the Inspection Department to apply for a building permit. ~ ~ Page 9 Z B A Minutes August 16, 1990 . ADJOURNMENT . . Adjustment The meeting adjourned at 8:30 P.M. J. 7L J~ Chairman Zoning Board of Adjustment