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HomeMy WebLinkAboutZBA 1989-02-16 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 16, 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 Chief Bldg. Official Code Enforcement P & Z Coordinator Ron Hubbard Forrest Grubb Harold Schubert Jeff Bunting Bob Williams Ken Miller Wanda Calvert ABSENT: Billy Cypert Jim Kemp Tom Duer CONSIDERATION OF THE MINUTES OF JANUARY 19, 1989 Mr. Grubb made the motion to approve the minutes as written. This motion was seconded by Mr. Schubert and the motion carried 3-0 with Mr. Bunting abstaining since he was not present at the meeting. . 1. BA 89-1 Request of Derald Evans to vary from the Zoning Ordinance #1080 on Lot 9, Block 13, North Richland Hills Addition, to be allowed to have a carport beyond the front building line. This property is located at 7009 Briley Drive. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mr. Evans came forward. He said he had prepared 10 packets for the Board. He said his carport is 9 feet 6 inches on to the building line. Mr. Evans said the house is 38 years old and sets 42 to 45 feet from the street. He said he took 8 or 9 pictures of homes in the area that have carports. Page 2 Z B A Minutes February 16, 1989 . Chairman Hubbard called for anyone else wishing to speak in favor of this request to please come forward. There being no one wishing to speak, the Chairman called for those wishing to speak in opposition to this request to please come forward. There was no one who wished to speak. Mr. Grubb asked if the house still had a garage. Mr. Evans said it had been converted 11 years ago. Chairman Hubbard asked Mr. Evans if he purchased the house that way. Mr. Evans said he did. . Chairman Hubbard asked if he was aware he needed a permit to put up a carport. Mr. Evans said there was a small frame carport there and he tore it down and put up a nice one. Chairman Hubbard said there had been several citations issued to Mr. Evans. He asked Mr. Evans why he did not come forward to correct the situation. Mr. Evans said he does not own the house. He said there were taxes due on the house and he was trying to finance the home. He said it was tied up to where he could not pay them and the city would not hear the request with delinquent taxes due. Mr. Bunting asked Mr. Evans if he put up a $500 carport and did not own the property. . Mr. Evans said that was to go as part of the down payment. He said he tries to keep up his property. He said he recently put in new sod on the yard. Page 3 Z B A Minutes February 16, 1989 . Mr. Grubb asked about the signatures Mr. Evans had submitted. Mr. Evans said that they were his neighbors on both sides. He said the neighbors are in favor of it. Mr. Grubb said the city had a complaint. Mr. Evans said it could have been someone just driving down the street. Mr. Williams said the city had a complaint and Mr. Miller went out and inspected the situation. Mr. Evans said he took the old carport down and put up the new one in a day and a half. . Chairman Hubbard said the city is trying to eliminate carports. He said this Board can not grant a variance unless it is a hardship. Chairman Hubbard said if Mr. Evans has lived there 11 years, he could have come in sooner. Mr. Evans said the old carport was an eyesore and too short. He said it did not match the property. Mr. Grubb said he does not disagree with what Mr. Evans built, but if he had come in for a permit, been turned down, and then come to us, we would feel better about it. Mr. Evans said he did not know he needed a permit when he was replacing it. He said he put the posts about one and a half feet from where the old posts were. . Chairman Hubbard said to make the carport in compliance, Mr. Evans would have to cut half of it off. Page 4 Z B A Minutes February 16, 1989 · Mr. Williams said he took measurements of the property. He said it was 28.6 to 29 feet from the curb to the posts. He said allowing the city right of way of 8 to 9.6 feet to the property line, then set back 35 feet for the house. Mr. Williams said most of the carport would be out past the building line. Mr. Evans said that at Vance and Briley, a carport is about 8 feet to the curb. Chairman Hubbard said the Board can not do anything about that. · Mr. Williams said he was not aware the city was outlawing carports, but they do have to comply with the setback requirements just as houses do. He said if Mr. Evans had enough room, lIe could build a carport on the side or in the rear of the property. Mr. Evans said he has 7 and one half feet on one side and a 38 year old pecan tree on the other side. Chairman Hubbard closed the Public Hearing. Mr. Grubb said he has a problem with having an old area with 35 foot setbacks instead of 25 feet. He said that shouldn't be. Mr. Bunting said the Board must take a stand. Chairman Hubbard said the Board must consider if it is a hardship. Mr. Grubb said he already had a carport, then tore it down. Mr. Bunting asked Mr. Evans if he would consider moving it within the setbacks. · Page 5 Z B A Minutes February 16, 1989 . Mr. Williams said the carport needs to withstand 70 mile an hour winds. He said some are pre-fab with an engineer's seal, but this was a do it yourself job. Mr. Williams said he feels it is structurally sound and is pleasing to the eye, but it does protrude outside the building line. Mr. Schubert asked if the Board would be responsible, if they approved it, if something happened to the carport. He said they had a member to resign because of the responsibility of the Board. Mr. Williams said he could not see where the Board would be liable. Chairman Hubbard asked if the old carport would have protruded over the building line. . Mr. Williams said the house only has an off-set of 3 or 4 feet. Chairman Hubbard asked if Mr. Evans put the carport back where the old one was, would it be in compliance. Mr. Williams said it would not. He said the posts are set only one and one half feet from where the old posts were. Mr. Schubert said there might be a grandfather clause. Mr. Bunting asked how far would Mr. Evans have to come back with the carport. Mr. Williams said most city right of way is 9 1/2 feet, but he is not sure if this is right on this street. He said the building line is 35 feet. . Page 6 Z B A Minutes February 16, 1989 · Mr. Grubb said none of these carports in these pictures would be in compliance. He said the old one would have been legal because of age. Mr. Grubb said to replace the old one with a new one would have been an improvement. Mr. Bunting said if the Board approves this, they could have another and another one. He said he felt the Board could not approve this, without a hardship. Mr. Grubb said it creates a hardship if you don't have a cover for your car. Mr. Grubb said it takes 4 to approve a request. · Mr. Grubb made a motion to approve BA 89-1 as requested. This motion died for lack of a second. BA 89-1 DENIED Mr. Schubert made the motion to deny BA 89-1. This motion was seconded by Mr. Bunting. The vote was 3-1, Schubert, Bunting, and Hubbard voting for denial and Grubb voting against denial. The request was denied. Mr. Grubb said he requested a legal opinion on this. He said he felt there should be 4 affirmative votes to deny a request. 2. BA 89-2 Request of Randall R. Turner to vary from the Zoning Ordinance #1080 on Lots 2 & 3, Block 13, Woodcrest Addition, to be allowed to have an off premise sign for Northeast Plaza Shopping Center. This property is located on the north side of Bedford Euless Road, south of Furr's Cafeteria. · BA 89-2 The applicant requested this be postponed. Page 7 Z B A Minutes February 16, 1989 · 3. BA 89-3 Request of Randall R. Turner to vary from the Zoning Ordinance #1080 on Lot 1, Block 1, Cochran Addition, to be allowed to have a second pole sign for Crossroads Plaza Shopping Center. This property is located on the south side of Bedford Euless Road, west of Bennigan's. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. · Randall Turner came forward. He said they request a sign be allowed on Bedford Euless Road. He said this would be their second sign. Mr. Turner said the reason is the shopping center has a vision problem from the east because it is "L" shaped. He said he wants the sign to assist the tenants. He said the previous owner did not help the tenants; he went bankrupt and most of the tenants left. Mr. Turner said he was able to keep ITT. He said these tenants need exposure. He said they are revenue for the city and rent for him. Mr. Turner said 5th Avenue Dinetts pleaded with the City Council before the new sign ordinance was approved, but the Council did not approve them a sign so they went bankrupt. Mr. Turner said it would cost them $4,000 to $4,500 for the sign, but they want to preserve their tenants. He said there is no sign on Bedford Euless Road. Bill Brookman with American Speedy Print, 8216 Bedford Euless Road, came forward. He said people see the freeway sign, but when they get off they need to have a sign on Bedford Euless Road to see where the store is. · Page 8 Z B A Minutes February 16, 1989 . Chairman Hubbard 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. Michael Moore, 4804 Eldorado, came forward. He said he lives two houses from Bedford Euless Road. He said there is significant light from this shopping center. Mr. Moore said the tenants contracted to lease the property without a sign. He said there are lots of signs on Bedford Euless Road and he felt a shorter sign would be less obtrusive. Mr. Grubb asked Mr. Moore if he was in opposition to the height of the sign. . Mr. Moore said he was. He said he would like for them to not add to the obtrusiveness. Mr. Grubb asked if 5th Avenue Dinette had moved. Mr. Turner said they had and there is another dinette place there. Mr. Grubb asked how tall the sign would be. Mr. Turner said it would be 18 feet. He said he would prefer a ground sign, but because of visibility, it has to be 8 feet off the ground. Mr. Schubert said the diagram shows the sign allows several spaces. He asked Mr. Turner if he planned to fill it up all the way to the ground. . Mr. Turner said lle could not make it all the way to the ground, he has to stay 8 feet from the ground. Page 9 Z B A Minutes February 16, 1989 . Mr. Miller stated that the new ordinance states you have to have a 25 foot sight triangle for pedestrian and vehicle traffic. Chairman Hubbard said the new sign ordinance allows only one sign on the property. He asked Mr. Turner if his was the only retail center with the restaurants. Mr. Turner said it was the only one. He said visibility would enhance the tenants. Chairman Hubbard asked Mr. Turner if he promised the tenants another sign. Mr. Turner said he was told that the sign ordinance said if located on a freeway and had a hardship, you could have one. . Chairman Hubbard asked Mr. Turner if there is an area where he could put the sign away from Mr. Moore's property. Mr. Turner said he could move it approximately 30 feet from the proposed place. Mr. Schubert asked if the sign would face north. Mr. Turner said the sign would face east and west. Chairman Hubbard asked Mr. Moore if the sign was moved 30 feet closer to Bennigan's, would it help. Mr. Moore said it would. . Mr. Grubb said he used to be on the Planning and Zoning Board and when they zoned that property commercial, there was a lot of opposition to it; then they zoned more where Pier I is and he was not on the Board, but they passed it, too. Page 10 Z B A Minutes February 16, 1989 . Mr. Grubb said he feels this is a hardship for the owner and would be a good tax base for the city. He said he understood there would be no restrictions on signs on the freeway. Chairman Hubbard asked if he could have a monument sign. Mr. Miller said he could if he has the 25 foot sight triangle. He said Mr. Turner has over 200 linear footage on Bedford Euless Road. Chairman Hubbard said it looks like he is the only business that does not have two signs. Mr. Miller said there are a few more. . Mr. Bunting said he is not against Mr. Turner having another sign, but he feels the ground sign would be best. Mr. Schubert asked if the sign would have much light. Mr. Turner said it would be minimal. Mr. Bunting said if he lived there, he would not like to see a Burger King sign. Mr. Turner said he would waive any lighting at all on the sign. Chairman Hubbard asked if lie was considering moving the freeway sign. Mr. Turner said they were not. He said they have invested $45,000 in the sign. Mr. Schubert asked Mr. Moore about the light. . Mr. Moore said the florescent back lit sign keeps him awake. Page 11 Z B A Minutes February 16, 1989 . Chairman Hubbard asked Mr. Moore if they move it 30 feet closer to Bennigan's, would that satisfy him. Mr. Moore said it would. Mr. Turner said he had shown the most ideal area for the sign because of the view from the east. He said the Coffee Shop sign was grandfathered, but he took it down because he felt it was obtrusious. Mr. Schubert asked Mr. Turner if there was a median at the entrance to the shopping center. Mr. Turner said there are two entrances. Chairman Hubbard closed the Public Hearing. . Mr. Bunting stated he would like to give Mr. Turner a sign, but not this tall one. Chairman Hubbard said it had to be so high for the sight triangle. Mr. Miller said there is a property line they have to stay inside. Mr. Schubert made the motion to approve BA 89-3 as requested with the following modifications: 1. look into the possibility of a ground sign; move the requested pole sign east to the property line, approximately 30 feet; 3. let the Building Inspector decide either a ground sign or the requested sign in that location. This motion was seconded by Mr. Grubb and the motion failed by a vote of 3-1, Schubert, Grubb, and Hubbard voting for and Bunting voting against. . Page 12 Z B A Minutes February 16, 1989 . Mr. Bunting said he would vote for a ground sign, but not an 18 foot pole sign. Chairman Hubbard said he felt they should have another motion. BA 89-3 POSTPONED Chairman Hubbard made the motion to postpone BA 89-3 to allow Mr. Turner and the Staff to get together and see if there would be enough sight triangle for a ground sign to be feasible. This motion was seconded by Mr. Grubb and the motion carried 4-0. ADJOURNMENT The meeting adjourned at 8:30 P. M. . Chairman ~~~ .