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HomeMy WebLinkAboutZBA 1989-01-19 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 19, 1989 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Ron Hubbard, at 7:00 P. M. ROLL CALL PRESENT: Chairman Vice Chairman Secretary Member Alt. Members Dir. Community Dev. Chief Bldg. Official P & Z Coordinator Ron Hubbard Forrest Grubb Harold Schubert Billy Cypert Tom Duer Jim Kemp Danny Taylor Bob Williams Wanda Calvert ABSENT: Jeff Bunting Alternate Member Tom Duer will vote in the absence of Mr. Bunting. . Alternate Member Jim Kemp will not vote tonight. CONSIDERATION OF THE MINUTES OF DECEMBER 15, 1988 Dr. Duer made the motion to approve the minutes as written. This motion was seconded by Mr. Grubb and the motion carried 4-0 with Mr. Schubert abstaining since he was not present at the meeting. 1 . BA 88-21 Request of Bruce H. Dahl to vary from the Zoning Ordinance #1080 on Lot 28, Block 13, Richland Hills West Addition, to allow accessory building to be beyond the height restriction, vary from the brick requirement on the accessory building and allow accessory building to be beyond the side yard requirement. This property is located at 3604 Venice. . Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Page 2 Z B A Minutes January 19, 1989 . Bruce Dahl came forward. He stated this building is already built. He said it started out to be a deck next to an above ground swimming pool. Mr. Dahl said he did not get a permit. He stated he looked around the neighborhood and no one else gets permits so why should he get one. Mr. Dahl stated the building is too high and the eave is 32 inches from the fence, but that is the same distance the house is from the property line. . Mr. Dahl stated the building is a 10 by 24 feet combination storage and children's play house. He said it used to be a deck next to a swimming pool he had to move. He said he wanted to save or make use of the materials. Mr. Dahl said the upper level is for storage of parts. Mr. Dahl said he has the support of all his neighbors. He said everyone of them are pleased and happy with the building. Ted Martynivi, 3615 Rogene Street, came forward. He said he could not see why all the hassle. He said there are lots of buildings in the area. He said in Russia you wouldn't have this problem, you wouldn't have to get a permit. Chairman Hubbard called for those wishing to speak in opposition to this request to please come forward. There were none. Dr. Duer asked Mr. Dahl if his fence is on the property line. . Mr. Dahl said he is not sure where the property line is, but he measured 16 feet from wall to wall with the neighbors. He said it is 2~ to 3 feet to the fence. Page 3 Z B A Minutes January 19, 1989 . Mr. Williams stated that back when these houses were built, 5 feet side yards were common. He said the ordinance allows an 18 inch overhang. Mr. Schubert asked if the building is 25 feet from the back property line. Mr. Dahl said he did not measure it, but he previously had a 24 foot swimming pool in there. Chairman Hubbard asked Mr. Dahl why he did not get a permit to build the building. . Mr. Dahl said "why should I?" He said he called the permit department and asked if he needed a permit for a temporary pool and they said he did not need one. He said maybe they did not know what temporary was. Mr. Dahl said he had hoped to get 4 or 5 years use out of the pool. He said he then built the deck. Mr. Dahl said TU Electric came out to put in new service lines and found he had a swimming pool too close to the lines. He said they told him he would have to have the service lines run underground which would be very expensive. He said he had to move the pool. Mr. Schubert asked if he understands why TU Electric had him to move the pool. Mr. Dahl said he did. Chairman Hubbard asked Mr. Dahl if he knew he needed a permit to build the building. Mr. Dahl stated he lost the pool after about a year's use and he decided to close the deck in to take advantage of the lumber. . Mr. Grubb said a temporary pool is one a child can pull around. He said you have to stay within regulations. Page 4 Z B A Minutes January 19, 1989 . Mr. Dahl stated there are 72 storage buildings in the area and 62 are on the side fence. He said there is one neighbor who has added on to his house and did not finish it. He said there are sheets hanging up to cover it and another family is living in there. Mr. Dahl said another neighbor has three wrecked cars in his yard which is an eye sore. He said this is a nice building anyone would be happy to have. Dr. Duer stated it is over 200 square feet. He asked Mr. Dahl had he checked to see how much it would cost to brick it. Mr. Dahl said others in the neighborhood have large buildings. . Mr. Grubb said just because others have a large one does not give you the right to build one without a permit. Dr. Duer said the city can not catch everyone. He said it will take the citizens of North Richland Hills to help the city catch violators. Dr. Duer said we have the codes for uniformity. He said you need to build as close to the code as possible. Dr. Duer said if Mr. Dahl had gotten a permit he would have been told what the codes were. Mr. Grubb said he wanted this Board to see that something is done about that house Mr. Dahl was talking about that is partialy finished with sheets hanging over the openings. Mr. Schubert asked Mr. Dahl if he would consider looking into bricking the building. . Mr. Dahl said he would look into it, but said he has been unemployed for 8 months and would be unable to afford it. Page 5 Z B A Minutes January 19, 1989 . Mr. Grubb said he understands that the Planning and Zoning Commission plans to change the height restriction to 10 feet to the eave. Mr. Taylor read what the present ordinance states about the height of an accessory building. Mr. Dahl said he could take one foot off the side of the building and not have to brick it. Chairman Hubbard said the Board has to look for a hardship in this request, but there are three violations. He said there has been a lot of abuses of the ordinance in the city and we are trying to get the people to go by the code. . Mr. Dahl said his building blends in with the neighborhood because most of the houses are not brick. He said the house he lives in is 35 years old. Mr. Dahl said his building is a solid structure. Mr. Cypert asked Mr. Dahl if he would be willing to shorten the building to comply with the 200 square feet. Mr. Dahl said he would. Mr. Williams said he would suggest that Mr. Dahl reduce the enclosed building to 200 square feet or less with the roof open for a porch for open storage. He also stated he needs to come in and take out a permit and we would go out and make an on sight inspection. Mr. Dahl said he would do that if that was his only choice. . Chairman Hubbard closed the Public Hearing. Page 6 Z B A Minutes January 19, 1989 . BA 88-21 APPROVED/STIPULATIONS Dr. Duer made the motion to approve BA 88-21 with the stipulation that the height be waived as long as he reduces the total square footage to 200 square feet or less and takes out a building permit. This motion was seconded by Mr. Grubb. Mr. Taylor said they need to set a time limit to get this done. Dr. Duer amended his motion to add that this be done within 30 days. Mr. Grubb seconded the motion and the motion carried 5-0. 2. BA 88-22 Request of Ronald M. Silvia, Sr. to vary from the Zoning Ordinance #1080 on Lot 2, Block 5, Stonybrooke Addition, to allow accessory building to be beyond the side yard requirement. This property is located at 7304 Stonybrooke Drive. . Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Ronald Silvia came forward. He said he and his family moved here a few months ago from the country. He said he set up this building. He said he doesn't have much room in the yard. Mr. Silvia said he has a 6 foot privacy fence in front of the building with only 3 feet of the building showing. Mr. Silvia said he was not aware of the city codes. He said out in the country (Springtown) they don't have codes. He said he does not have a garage so he needed the storage. . Chairman Hubbard called for those wishing to speak in opposition to this request to please come forward. Page 7 Z B A Minutes January 19, 1989 . Jim Kemp, Alternate Member, excused himself from the Board because he is within 200 feet of the property in question. Mr. Kemp, 8408 Springbrooke Court, came forward. He said he lives within 200 feet of this property. He stated the building is not painted and is in full view of the street. Mr. Kemp stated the building is a fire hazard because it is less than a foot from the house. He stated it is an eye sore. He said it has a tin roof. Chairman Hubbard asked Mr. Silvia to describe the building. . Mr. Silvia stated it is an 8 by 12 foot building with polished aluminum roof, 2 by 6 foot rafters and is a barn type structure. He said he plans to trim it like his house. Mr. Silvia said it is 2~ feet from the house and 1 foot 2 inches from the fence. Chairman Hubbard asked how far it is from the eave of the house. Mr. Silvia said it is 15 to 18 inches from the eave. He said he stores the Christmas tree and some of the kid's junk in it. Dr. Duer said near the roof could cause a fire. Mr. Silvia said he has a car port on the other side. He said you have to put something in the building to cause a fire. Dr. Duer said it could be combustible. He asked what the building is made of. Mr. Silvia said it is a wood structure and the roof is sheet metal. . Dr. Duer said that scares him more, combustion. Page 8 Z B A Minutes January 19, 1989 . . BA 88-22 DENIED . Mr. Taylor said the ordinance states that accessory buildings can not be located in the side yard, only the rear yard. Chairman Hubbard asked if it would fit between the pool and the car port. Mr. Silvia said he needs the yard for the kids to play. Mr. Williams said it can be no closer than 5 feet to an easement. Mr. Grubb asked how close is it to the rear property line. Mr. Silvia said it is 9 feet from the property line to the water's edge. Mr. Silvia said before he bought the house they had converted the garage into a room. Mr. Grubb asked if the building could be moved. Mr. Silvia said it could. He said it is on skids. Mr. Grubb asked Mr. Silvia what he would do if the Board asked him to move the building. Mr. Silvia said he would just sell it. He said he would not want to move it and have the children play in the storage building. Chairman Hubbard closed the Public Hearing. Mr. Cypert made the motion to deny BA 88-22. This motion was seconded by Mr. Schubert and the motion to deny carried 5-0. Mr. Silvia asked how long he would have to move the building. Page 9 Z B A Minutes January 19, 1989 . ADJOURNMENT 2~U~-- Secretary Z~ning Board of Adjustment . . Mr. Taylor said to call Ken Miller at the city and he would work with him on the time. The meeting adjourned at 7:45 P. M.