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HomeMy WebLinkAboutZBA 1989-06-15 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 15, 1989 --7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Ron Hubbard, at 7:04 P. M. ROLL CALL PRESENT: Chairman Vice Chairman Member Al t. Member Dir. Community Dev. P & Z Coordinator Ron Hubbard Forrest Grubb Jeff Bunting Tom Duer Danny Taylor Wanda Calvert ABSENT: Harold Schubert Billy Cypert Jim Kemp CONSIDERATION OF THE MINUTES OF MAY 18, 1989 Dr. Duer made the motion to approve the minutes as written. This motion was seconded by Mr. Grubb and the motion carried 3-0 with Mr. Bunting abstaining since he was not present at the meeting. . 1. BA 89-7 Request of North Richland Hills Baptist Church to vary from the Zoning Ordinance #1080 on Lot lR, Parchman Addition, to be allowed to construct a building beyond the side building line. This property is located south of Glenview Drive between Parchman Street and Vance Road. Chairman Hubbard stated he is a member of this church but has no financial gain in the matter. He said if no one has objections, he will vote in the matter. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mark Wood, 6317 Riviera Drive and Chairman of the Building Committee, came forward. . Page 2 Z B A Minutes June 15, 1989 . Mr. Wood stated they are building a 41,000 square foot addition to the south side of the building and on the west side next to Parchman Street. He stated there was an error made in the survey and after construction was started, it was determined there was a 1 foot encroachment into the 15 foot set back. Mr. Wood stated there is 9 feet from the curb to their property so that would be 23 feet from the curb. He stated they could replat or re-draw all their plans, which would be hard to fit into the original building, but they felt requesting this variance would be the best way to correct the error. Dr. Duer asked if they had all the necessary permits. Mr. Taylor stated they did. He said they had been working with the church. . Dr. Duer asked how far from the street the building would be. Mr. Wood stated 23 feet. He said there is 9 feet city easement. Chairman Hubbard 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. Chairman Hubbard asked if there had been any correspondence. Mrs. Calvert stated there had been none. Dr. Duer said there was a mistake made and he sees no problem with it. BA 89-7 APPROVED Dr. Duer made the motion to approve BA 89-7 as requested and to see that all building permits are issued. This motion was seconded by Mr. Bunting and the motion carried 4-0. . Page 3 Z B A Minutes June 15, 1989 . 2. BA 89-8 Request of Dean C. Chandler to vary from the Zoning Ordinance #1080 on Lots 7 & 8, Block 2, Meacham Addition, to be allowed to have a horse in residential zoning without the required 2 acres. This property is located at 7813 Arthur Drive. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Dean Chandler came forward. He said he has two lots which would be approximately one acre. He said it is fenced and has a shelter on the property. Mr. Chandler stated the railroad borders one side of the property. . Mr. Grubb stated Mr. Chandler's line would be closer than the 100 feet as required in the Nuisance Ordinance. Mr. Chandler said the best he can figure it, he has about 7/8 of an acre. Chairman Hubbard asked if it would be fenced from the house. Mr. Chandler stated it would. He said he has a 300 foot frontage; one lot is all open next to the railroad; no buildings on it. Dr. Duer asked if the 7/8 of an acre would include the land where the house is on. Mr. Chandler said it did. Chairman Hubbard asked how many houses are across the street. . Mr. Chandler showed which lots had houses and which were vacant. Page 4 Z B A Minutes June 15, 1989 . Mr. Grubb stated you are supposed to have 2 acres in one lot. Mr. Taylor read from the Zoning Ordinance: "neither livestock nor fowl may occupy any lot of less than 2 acres in size." Mr. Bunting said that would be only about 1/2 acre. Dr. Duer said it would be approximately 1/2 of the lot with the house and one whole vacant lot. Mr. Grubb stated you can put any amount of horses on two acres. Mr. Chandler said he is only asking for one horse. . Chairman Hubbard called for those wishing to speak in opposition to this request to please come forward. Chairman Hubbard asked if there had been any correspondence. Mrs. Calvert stated there had been none. Chairman Hubbard closed the Public Hearing. Mr. Bunting stated there are two things to consider: the 100 foot Nuisance Ordinance and the two acres requirement. Dr. Duer stated even if both lots were combined it would be less than one acre. . Chairman Hubbard read the letter from Pam Burney, Director Environmental Services: "In regards to the requested zoning varinance at 7813 Arthur Drive, I would ask that the Board please take into consideration several factors that should impact their decision. Page 5 Z B A Minutes June 15, 1989 . . The fact that there are less than the required two acres is of some concern to this department. We already have experienced complaints on horses kept on two acre plots in regards to odor and fly problems, as well as damage done by these animals when they escape. The ordinance does not place a restriction on the number of livestock that are allowed to be maintained on two acres, which presents a problem for the neighboring residents. The other concern that the Board needs to consider when they address this issue is the nuisance ordinance. Regardless of the decision of the Board of Adjustment, the livestock owners will have to comply with the nuisance ordinance in regards to odor and fly problems, as well as the one hundred feet rule which states that livestock must not be confined in such a manner as to allow them to reach within 100 feet of any occupied structure including that of the owner." BA 89-8 DENIED Mr. Grubb made the motion to deny BA 89-8. This motion was seconded by Mr. Bunting and the motion to deny carried 4-0. 3. BA 89-9 Request of G. O. Stevens, Inc. to vary from the Zoning Ordinance #1080 on Lots 14, 15, & 16, Block 1, Woodland Oaks Addition, to allow the building line setbacks to be changed from 45 feet to 35 feet. This property is located on Nob Hill Court, south of Nob Hill Drive. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Jack Roseberry, 8912 Martin Drive and agent for Realty Alliance, came forward. He said he has the builders here also. Page 6 Z B A Minutes June 15, 1989 . Mr. Roseberry stated they had recently replatted the Subdivision and changed some of the setback to 25 and 20 foot building lines, but did not notice these at the time. He said they have since sold these lots with the 45 foot building lines and in order to construct the size homes they want to build, they need to change the building line to 35 feet. Mr. Roseberry said he understands they needed the 45 foot building lines to make the lots 70 foot wide at the building line, but these lots are unusual. He said they have a drop off. Mr. Roseberry stated there will be no ingress-ègress and no drive cuts in the front. He said the drive is in the back. Dr. Duer asked if the requirement for the 45 foot setback was for safety. . Mr. Taylor said it was for view and the requirement of 70 foot wide lot at the building line. Chairman Hubbard asked if Mr. Roseberry felt they would have a problem with the drop-òff. Mr. Roseberry said they hope not. He said they do not plan to have a retaining wall on this lot. He said there is lots of rock on this hill. He said the garages will either be under the house or down below and have a walk-way to the house. G. o. Stevens, applicant and builder, came forward. He said the site plan shows a dotted line where the drop-óff is. He said Lot 16 is even worse. Chairman Hubbard stated the site plan shows the garage right next to an easement. . Mr. Stevens stated they will re-draw that and move it over. Page 7 Z B A Minutes June 15, 1989 . Mr. Stevens said these would be terrace type lots and would have no erosion. Mr. Grubb asked if they would need to fill them in. Mr. Stevens said they would not if they get this variance. Mr. Bunting asked the square footage of the house. Mr. Stevens said the one in the site plan is 2,881 square feet. He said it will be two story. Chairman Hubbard stated the other lots in the cuI de sac have 35 foot building lines. . Mr. Grubb asked if they plan to have an engineer to sign off on these. Mr. Stevens stated their engineer is J. Hanson Engineers. Mr. Roseberry stated through the entire subdivision they are trying to maintain a unique atmosphere. He said 4 or 5 on this hill will be the most beautiful in the area and Mr. Stevens is a very good builder and we are very fortunate to have him building in North Richland Hills. Dr. Duer asked if they said there would be an alleyway. Mr. Roseberry said there would be. He showed the Board a copy of the plat of the Subdivision. . Bob Seago came forward. He said he plans a house on Lot 14. He said there are lots of trees and they do not want to get rid of any of them. Mr. Seago said they have tried to minimize the erosion by leaving most of the trees. Page 8 Z B A Minutes June 15, 1989 . Chairman Hubbard called for those wishing to speak in opposition to please come forward. Chairman Hubbard asked if there had been any correspondence. Mrs. Calvert stated there had been none. Chairman Hubbard closed the Public Hearing. Dr. Duer said you run into problems sometimes with cuI de sac lots. He said he sees no problems with the request. BA 89-9 APPROVED Mr. Grubb made the motion to approve BA 89-9 as requested with the stipulation that the garage be re-drawn to conform. This motion was seconded by Dr. Duer and the motion carried 4-0. . 4. BA 89-10 Request of Andy Stowe to vary from the Zoning Ordinance D1080 on Lot 3, Block 91, Foster Village Addition, to be allowed to have garage converted into a room without the required covered parking and also to allow accessory building to be within 5 feet of property line instead of the required 10 foot setback. This property is located at 6708 Moss Lane. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Andy Stowe came forward. He said this had been a model home with no driveway poured. He said they wanted a house with a game room for the children and the builder assured him there was no problem. . Page 9 Z B A Minutes June 15, 1989 . Mr. Stowe stated when the builder got about 98% finished, the City Inspector came out and red tagged it. He said all these improvements were listed in the contract. He said they poured a concrete drive down the side. Mr. Stowe said he feels the reason for the ordinance is to keep people from parking in the street. He said this is a two story house and the garage has the same windows and brick as the rest of the house. Mr. Stowe stated he has talked to his neighbors and they have no objections to it. Mr. Grubb asked who put up the accessory building. . Mr. Stowe said he did. He said he was not aware there would be a problem since he is from Fort Worth. He said it is not a permanent structure, but if he had to move it, the doors would not open. Dr. Duer asked who the builder of the house was. Mr. Taylor said it was Charles Beckham with Trendsetter Homes. He said the builder was told 10-20-87 he had to convert it back. Mr. Stowe stated he does not want a garage, he wants the game room. He said he has soaked a small fortune into this house. Mr. Grubb said to get back to the accessory building. He asked how far was it from the back of the house. . Mr. Stowe said it was 5 or 6 feet. He said there are a lot of garage conversions in North Richland Hills and a lot of accessory buildings up close to the fence. He said there is one on Rufe Snow. Page 10 Z B A Minutes June 15, 1989 . George Putnam, 7662 Cypress Court, came forward. He said he is in favor of Mr. Stowe's request. He said there are 5 occupied houses in the area. Mr. Putnam said Mr. Stowe's property looks very nice. He said they got together with the other neighbors and they had no problem with it. Dr. Duer asked Mr. Putnam if he would have a problem with the accessory building if he moved it in line with the garage. Mr. Putnam said he has no problem with the accessory building, he thinks it should be left the way it is. Chairman Hubbard called for those wishing to speak in opposition to this request to please come forward. . Chairman Hubbard asked if there had been any correspondence. Mrs. Calvert stated there had been none. Chairman Hubbard closed the Public Hearing. Chairman Hubbard stated the city is taking steps to better control the builders and model homes. Mr. Grubb asked if the accessory building was 5 feet from the property line. Mr. Taylor stated there is a 5 foot easement and the ordinance requires another 5 foot set back. . Mr. Grubb made the motion to approve BA 89-10 as requested. This motion was seconded by Mr. Bunting. The motion failed by a vote of 3-1 with Dr. Duer voting against. Page 11 Z B A Minutes June 15, 1989 . Dr. Duer made the motion to approve the garage conversion, but to move the accessory building 5 feet away from the easement. Mr. Grubb stated it is portable; what would keep him from pulling it out and getting a permit and then moving it back. Mr. Taylor stated the other 5 feet is to allow adequate room for machinery if they needed to get in there. Mr. Stowe stated he would move it if it were necessary for them to get in there to work. He said there is no foundation. Dr. Duer stated he would change his motion. . BA 89-10 APPROVED Dr. Duer made the motion to approve the garage conversion and the accessory building be left there with no foundation. This motion was seconded by Mr. Grubb and the motion carried 4-0. 5. BA 89-12 Request of Northeast YMCA to vary from the Zoning Ordinance DI080 on Lot 4R, Block 11, Emerald Hills Addition, to be allowed to vary from the brick requirement on a 12 feet 11~ inches by 44 feet accessory building. This property is located at 5408 Davis Boulevard. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . James Brock, 6624 Hillside Court and a member of the Board of Directors of the YMCA, came forward. He said they are asking for a variance from the masonry requirement on a 12 by 44 storage building. He said they plan to use wood instead of brick. Page 12 Z B A Minutes June 15, 1989 . Mr. Brock said they need this storage building to have a safer place to store the chemicals for the pool. He said they can not afford to build one out of brick. He said they plan to use 10-11 siding or something similar. He said the gym is brick. Craig Schaeffer with the YMCA, came forward. He said they built the existing pavilion in 1986 and the closed area has siding on it. He said the other building is an old house that was already on the property. Dr. Duer asked if there were any walls on the pavilion. Mr. Schaeffer stated about 1/3 of the roofed area is enclosed. . Mr. Schaeffer said it is more ascetic pleasing for the clorene and acid to be enclosed. Mr. Schaeffer stated it would be safer and would provide additional storage. He said the number of children for child care is 250 and the swimming and baseball is 500. Mr. Bunting asked Mr. Schaeffer to come up and show them which buildings are brick and which have siding. Mr. Schaeffer stated the proposed storage building is approximately 185 feet from Davis Boulevard and 195 feet from Lynda Lane. Matt Spade, member of the Board of Directors, came forward. He stated he spearheaded the construction. He said he works for J. B. Sandlin Homes. Dr. Duer asked where the chemicals were kept. . Mr. Spade said behind a chain link fence. He said there was an existing slab. Page 13 Z B A Minutes June 15, 1989 . Mr. Grubb asked why he started without a permit. Mr. Spade said he should have known to get a permit. He said they just planned to build a storage to house the chemicals. He said they did not have to pour a slab. Chairman Hubbard asked how far along they were. Mr. Spade said they have several stud walls up. Chairman Hubbard asked if the slab would handle the brick. . Mr. Spade said it would not. He said he is building it on a "cost only" basis. He said the cost has to be approved by the Corporate Board and it wasn't approved until May. Chairman Hubbard asked if they needed that large a building for the chemicals. Mr. Spade said there are pipes and pumps are spread out and they have to go to the ends for storage. He said 28 feet in the middle will house the pumps. Chairman Hubbard asked Mr. Spade to describe the siding. Mr. Spade stated it is 4 by 8 foot sheets of Masonite 1/2 inch thick. He said it is pressed board that looks like wood. He said it is used a lot in storage buildings. Mr. Spade said there will be no wiring other than what is already there. Mr. Grubb asked if all these chemicals would be a fire hazard. . Mr. Spade said not if you have ventilation. Page 14 Z B A Minutes June 15, 1989 . Chairman Hubbard asked how long had the pool been built. Mr. Schaeffer said it had been there since 1975. He said they use liquid clorine. Dr. Duer asked if they got a permit for the other building. Mr. Schaeffer said he was not here at that time and he could not say. Mr. Taylor stated they got a permit for the pavilion in 1985 and one for a closet in 1987. Dr. Duer asked how large is the pavilion. Mr. Spade said it was more than 200 square feet. . Chairman Hubbard asked why they couldn't bring in a portable building. Mr. Schaeffer said the pumps and pipes are there and need to be covered. Chairman Hubbard asked why use siding. Mr. Spade said there is no footing for brick. He said the masonite siding looks nice. He said all you have to do is paint it, but you don't have to paint it as often as wood. Chairman Hubbard asked what the alternative would be if this request was denied. Mr. Spade said they would just have to go back to the cyclone fence. Chairman Hubbard called for those wishing to speak in opposition to this request to please come forward. . Page 15 Z B A Minutes June 15, 1989 . S. V. Jordan, 7701 Nor'East Drive, came forward. He stated he had lived there since June of 1961. He said this property is one block from him across Davis Boulevard. Mr. Jordan said when they put the pavilion in, they painted it. He said he thinks it should be brick like the gym. Mr. Jordan said the original old house is different color. He said he is for brick. Mr. Grubb asked Mr. Jordan if it has to be wood, would it please him if it was all the same color. . Mr. Jordan said it would. He said there are lots of people who travel Davis Boulevard. He said he wants our city to look good. He said the gym looks good. Mr. Jordan said if this building could be built up so far with brick it would be nice. Mr. Spade said the roof and paint will match the pavilion and the house; all will correspond. Mr. Jordan asked how they built the pavilion without bricking it. Mrs. Calvert stated the ordinance was amended in 1986 to require brick. Mr. Bunting asked why the requirement for brick. Mr. Taylor said probably for ascetics. Mr. Grubb stated he had seen nice buildings allover the United States that were not brick. Dr. Duer said he would like to recognize Councilwoman Linda Spurlock who is in the audience. He asked her what her opinion of masonry requirement. . Page 16 Z B A Minutes June 15, 1989 . Councilwoman Spurlock said the Council is considering allowing some homes with less masonry. Dr. Duer said this Board had a business man before them last month requesting to vary from the masonry requirement. Councilwoman Spurlock said you have to look at each individual case. Chairman Hubbard stated the Board must consider if it is a hardship or not. Mr. Grubb said it is a charitable organization and they build a very good building. He said he thinks it is a hardship. Dr. Duer said we also have to look at it for the citizens. . Mr. Bunting made a motion to deny BA-89-12. This motion was seconded by Chairman Hubbard. Bunting and Hubbard voted for denial, Duer voted against denial and Grubb abstained. Dr. Duer said he feels this is a hardship. He said they do need a large amount of room. He said he would be for it if they would assure us they will build it nice for the neighborhood. Mr. Schaeffer said they are very concerned with their image in the community. He said things will be done in a quality manner. He said when they add on to the house, it will be brick. Mr. Schaeffer said if they had a slab that would support brick, they would brick it. He said all would be painted to match and they would put shrubs out and will make it ascetic. . Mr. Bunting asked Mr. Jordan if he would have any objections to it if they painted it all to match. . . . Page 17 Z B A Minutes June 15, 1989 BA 89-12 APPROVED 6. CONSIDERATION OF CHANGING TIME OF ZBA MEETINGS ADJOURNMENT ~ø~~- ~Secretary Zoning Board of Adjustment Mr. Jordan said the city built a nice Fire Station, then the True Value store, and a doctor's office. He said he would not object if they have it to look as near the same as possible. Mr. Grubb said the man said in 1991 they will remove the old house and build a new child care center. He said he had never seen a bad YMCA. Dr. Duer said it would be good if they would put in tall shrubbery and build a nice shell. Mr. Jordan said it would be okay if they keep a good clean neighborhood Dr. Duer made the motion to approve BA 89-12 with the assurance it will be highly ascetic with full length shrubbery around it, painted with the same color as the brick on the gym, not the pavillion, to where it matches the brick building. This motion was seconded by Mr. Grubb and the motion carried 4-0. Mr. Bunting asked how do we get that assurance. Mr. Taylor said he did not know. Mr. Spade said they will put in some flower beds and some large shrubbery. Dr. Duer made the motion to change the the time of the Zoning Board of Adjustment meetings to 7:30 P. M. This motion was seconded by Mr. Grubb and the motion carried 4-0. adjourned at 8:45 P. M. Chairman