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HomeMy WebLinkAboutZBA 1990-09-20 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 20, 1990 - 7:30 P. M. CALL TO ORDER The meeting was called to order by Acting Chairman Bill Cypert at 7:42 P.M. ROLL CALL PRESENT: Acting Chairman Member Alt. Members Dir. Community Dev. P & Z Coordinator Bill Cypert Jeff Bunting Richard Lawson Steve Ingham Barry LeBaron Wanda Calvert ABSENT: Tom Duer Robert Skinner Jim Kemp CONSIDERATION OF THE MINUTES OF AUGUST 16, 1990 The minutes was postponed until the next meeting. . ELECTION OF OFFICERS The election of officers was postponed until the next meeting. 1. BA 90-12 WITHDRAWN 9/12/90 Request of Richard Amos to vary from the Zoning Ordinance #1080 on Lot 15, Block 4, Sunnybrook Addition, 2nd Filing, to be allowed to have fence beyond the side building line. This property is located at 6400 Westgate Drive. This request was withdrawn September 12, 1990. 2. BA 90-13 Request of John N. Hudson to vary from the Zoning Ordinance #1080 on Lot 7, Block 5, Emerald Hills Addition, to be allowed to build a carport and walkway cover beyond the front building line. This property is located at 7924 Donegal Lane. . Mr. John Hudson, 7924 Donegal Lane, came forward. He passed out a petition and pictures to the Board. Mr. Hudson stated he recently bought a new car and needs a carport to protect the new car. Page 2 Z B A Minutes September 20, 1990 . Mr. Hudson stated they were retired and they like North Richland Hills. He said they had lived there for 10 years and would assure the Board that he would build a carport of good taste. Mr. Hudson said he has some neighbors present, Bill and Carol Wohldmann and Cecil Gomez, who are in favor of the carport. He said he has 38 names on the petition who do not object to the carport. Mr. Lawson asked Mr. Hudson if he plans to build the carport himself. Mr. Hudson said he would have a contractor build it. He said he has some bids. He said it would be like the picture of the one on Shannon. Mr. Hudson said it would set back 28 feet from the curb. . Mr. Ingham asked if it would be 28 feet from the curb. Mr. Hudson said their house sets 45 feet from the street. Mr. Lawson asked if there were any carports in the area. Mr. Hudson said there were several and he had listed them on the petition. Acting Chairman Cypert asked Mr. LeBaron if he knew if any of them have permits issued. Mr. LeBaron said he did not know. Mr. Ingham stated if Mr. Hudson's carport would be 28 feet from the curb, would he have a problem. Mr. Lawson said he would still need to have a couple of feet. . Acting Chairman Cypert asked Mr. Hudson of he would be willing to cut off some of the carport so he would be in compliance. Page 3 Z B A Minutes September 20, 1990 . Mr. Hudson said he would. Mr. Bunting asked Mrs. Calvert how far he could go. Mrs. Calvert stated the Zoning Ordinance requires a 20 foot building line, but the plat shows a 25 foot building line. Acting Chairman Cypert asked Mr. Hudson if he could wait until next month's meeting allowing the City Staff time to consult the City Attorney regarding this matter. Mrs. Hudson asked why they were told they had to have a variance. She said they have paid money twice and was turned down last time. She said the carport on Shannon does not have as much room as they do. . Acting Chairman Cypert stated that carports are allowed behind the building line. He said the Board considers each case individually and if they would allow the Board to postpone this request, we could see if it would comply. Acting Chairman Cypert said there is no guarantee that it would be granted tonight. He said the Board needs to get a legal opinion. He said they would issue a building permit or you would come back for the variance request. Mr. Hudson said they would agree to the postponement. BA 90-13 POSTPONED Mr. Lawson made the motion to postpone BA 90-13 until the October meeting. This motion was seconded by Mr. Bunting and the motion carried 4-0. . Page 4 Z B A Minutes September 20, 1990 . 3. BA 90-14 Request of Beth Bush with The Sign Agency, Inc. to vary from the Zoning Ordinance #1080 on Lot 24, Block 90, Foster Village Addition, to be allowed to have a second on-site development sign. This property is located at 6701 Greenleaf Drive. Acting Chairman Cypert opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. David Rexroat, 501 Christi Lane, Coppell, TX, came forward to represent Highland Homes in their request for an additional on-site sign. He said there are other builders in this subdivision and they felt the need for another sign. He showed pictures of the sign. . Acting Chairman Cypert asked Mr. LeBaron to give the history of this request. Mr. LeBaron said this sign is at the northeast corner of Rufe Snow and Greenleaf Drive and immediately south there is a billboard sign that has recently been repainted. He said the billboard sign previously had "Foster Village" on it but now advertises Highland Homes. This made them have two on-site signs. Mr. Rexroat stated it clearly identifies the builder. Mr. Ingham asked how long the development had been there. Mr. Rexroat said approximately 120 days. Mr. LeBaron said they also have one off-premise sign in the area near Western Auto on Rufe Snow Drive. . Page 5 Z B A Minutes September 20, 1990 . Mr. Rexroat explained the need for two on-site signs. Mr. Lawson said if they were allowed to have the two on-site signs, every other builder would want some also. Mr. Rexroat said if the Board does not allow this sign, they need to have something to show the parking lot and their place of business. Mr. Lawson asked Mr. LeBaron what he could have. Mr. LeBaron said he would have to do some research. . Mr. Ron Cline, Wendell Drive, Arlington, came forward. He said he represents The Sign Agency. He said Ms. Bush was unable to attend the meeting. Mr. Cline said this request is for a 4 by 8 foot sign; the other sign was previously a development sign. He said his file shows someone by the name of "Tim" approved the 4 by 8 sign. Acting Chairman Cypert asked if that was approved prior to the billboard sign. He said the grandfathered sign is now non-conforming since it was changed. Acting Chairman Cypert 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. There being no one wishing to speak, the Acting Chairman closed the Public Hearing. . Page 6 Z B A Minutes September 20, 1990 . BA 90-14 DENIED Mr. Ingham made the motion to deny BA 90-14. This motion was seconded by Mr. Bunting and the motion to deny carried 4-0. 4. BA 90-15 Request of J. Larry Buchanan to vary from the Zoning Ordinance #1080 on Lot 1, Block 1, Lightfoot Addition, to be allowed to build a canopy 6 feet 6 inches beyond the front building line. This property is located at 7716 Davis Boulevard. Acting Chairman Cypert opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mr. Buchanan, owner of Valley View Food Store, came forward. He said Texaco is requiring him to build a 24 by 30 canopy. He said the corner of it will protrude over the building line. Mr. Buchanan said it would not block the view, but would allow traffic to go through. He said the 6 feet 6 inch over the building line would make it more convenient to customers. Mr. Buchanan said Texaco told him if he did not build this, he could just sell "Fina". Mr. Ingham asked if he was moving the pumps. Mr. Buchanan said he was. He said he is moving them 3 feet on the southwest side and 3 feet on the northwest side. Mr. Ingham asked why he had to have it turned at an angle. Mr. Buchanan said the way the traffic goes in, it would not be room. He said it has to be 3 feet from the tank. Mr. Ingham asked how high it would be. . Page 7 Z B A Minutes September 20, 1990 . Mr. Buchanan said it would be 15 feet high. Mr. Ingham said he went out and saw the property in question and the property slants down to the street. Mr. Buchanan said the State came out and put property pens out in front of the property for them. He said all they need is a 6 and one half feet. Mr. Buchanan showed the Board, on paper, his problem. Acting Chairman Cypert 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. There being no one wishing to speak, the Acting Chairman closed the Public Hearing. BA 90-15 APPROVED Mr. Bunting made the motion to approve BA 90-15 as requested. This motion was seconded by Mr. Lawson and the motion carried 4-0. 5. BA 90-16 Request of Paul K. Phillips, Jr. to vary from the Zoning Ordinance #1080 on Lot 5, Block 1, Holiday East Addition, to be allowed to build a carport 12 feet beyond the front building line. This property is located at 5409 Susan Lee Lane. Acting Chairman Cypert opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Page 8 Z B A Minutes September 20, 1990 . Paul Phillips came forward. He said he is requesting this variance for a carport because his wife is a cripple. He said at times they need a little help getting in and out of the car. He said when it is raining, they get wet getting in and out of the car. Mr. Phillips said he did not come here to fight with his neighbors. He said he sees a bunch of them here and they have said they are going to oppose this request. Mr. Phillips said he would appreciate the Board's consideration of this request. . Mr. Phillips said there are several carports within a mile of his house. He said there are 8 carport encroachments and one fence. He said if the Board of Adjustments is interested in enforcing the ordinance, they should check to see if they are legal. Acting Chairman Cypert said the Board of Adjustments does not do the investigation on encroachments. Mr. Phillips said he knows its the job of the inspection department. He said he came to those folks and was given a no go on his building permit. He said this carport will be built by a contractor and made out of steel. Mr. Phillips said he does not feel it would detract from the neighborhood. He said one neighbor thats going to speak against it, there are some trees between us and he could not see it anyway and the neighbor on the other side is not contesting it. Mr. Phillips said the only way it would be offensive would be across the road if you had to sit there all day looking at it. He said it would be 23 feet from the curb. . Mr. Phillips asked how many people were contacted by mail within 200 feet of his property. Page 9 Z B A Minutes September 20, 1990 . Mrs. Calvert said there were 25. Mr. Phillips said he did not believe there is that many. Mrs. Calvert said she would show him how she measured and who she sent letters to if he would like to come to the office. Acting Chairman Cypert 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. . Barney Brewer, 5401 Susan Lee Lane, came forward. He said he lives 2 doors south of Mr. Phillips. Mr. Brewer said it would seem on the surface that Mr. Phillips would have a reason for needing a carport, but Mr. Brewer maintains it is not a valid reason. He said 25 homeowners within 200 feet were contacted and of those 25, 17 are strongly opposed and signed this petition, 2 did not object to this request, 3 are absentee homeowners and 3 straddled the fence. Mr. Brewer said those that oppose this carport feel there is an alternative to having an unsightly carport out in front of Mr. Phillips' house. Mr. Brewer said after 'he received his letter, he went to see Mr. Phillips to find out what his plans were and what his reasons were. He said Mr. Phillips said he would like to have the carport so he could get his wife in and out of the car without getting wet. Mr. Brewer said he suggested to him that since he has a 2-car attached garage, he could enter the car from the house into the garage without having to get out in the weather. He said Mr. Phillips said he could not get his car doors open in the garage. . Page 10 Z B A Minutes September 20, 1990 . He said he has too much stuff in his garage. Mr. Brewer said he suggested he move some of that stuff so he could get into the car in the garage. He said Mr. Phillips said that would work, but he would like to have a carport. . Mr. Brewer said he feels a carport would be a detriment to the neighborhood. He said Susan Lee is a nice street. He said you can drive all the way from the freeway to Fort Worth Christian School and there are no carports. Mr. Brewer said the neighbors do not feel it would be in the interest of the neighborhood to have a carport there and the neighbors strongly oppose it. He said regardless of what kind of carport he builds, it would not be nice enough and would detract from their houses. Mr. Brewer said Mr. Phillips has a habit of collecting things and has a lot of stuff in his back yard and some up the side of the house. He said the neighbors are afraid if Mr. Phillips gets a carport, it will just be another place to store stuff. Mr. Brewer said they want to keep the neighborhood nice. Acting Chairman Cypert called for anyone else wishing to speak in opposition to this request to please come forward. There being no one, the Acting Chairman closed the Public Hearing. Mr. Bunting asked if there had been any correspondence. Mrs. Calvert said only the petition. BA 90-16 DENIED Mr. Bunting made the motion to deny BA 90-16. This motion was seconded by Mr. Lawson and the vote was 3-1 with Mr. Ingham voting against denial. . The case was denied. Page 11 Z B A Minutes September 20, 1990 . ADJOURNMENT The meeting 8:45 P.M. . .