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HomeMy WebLinkAboutZBA 1989-07-20 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND Hills, TEXAS JULY 20, 1989 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Ron Hubbard, at 7:32 P.M. ROLL CALL PRESENT: Chairman Vice Chairman Secretary Members Alt. Members Ron Hubbard Forrest Grubb Harold Schubert Billy Cypert Jeff Bunting Jim Kemp Tom Duer Danny Taylor Wanda Calvert Dir. Community Dey. P & Z Coordinator CONSIDERATION OF THE MINUTES OF JUNE 15, 1989 Mr. Grubb made a motion to approve the minutes as written. This motion was seconded by Dr. Duer and the motion carried 4-0 with Schubert, Cypert, and Kemp abstaining since they were not present at the meeting. . Since all members are present, Alternate Members Kemp & Duer will not vote tonight. 1. BA 89-11 Request of DarIa Mitchell to vary from the Zoning Ordinance #1080 on Lot 7, Block 48, NortEast Addition, to be allowed to keep 10 children in her home instead of the maximum of 4. This property is located at 7624 Sybil Drive. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . DarIa Mitchell came forward. She stated that until she received a letter from the city May 15th, she was not aware she was in violation. Ms. Mitchell stated she is registered with the State of Texas since January, 1989 to keep up to 10 children in her home. She stated she is also registered with the USDA Food Program. Page 2 Z B A Minutes July 20, 1989 . Ms. Mitchell stated that 4 of the children's Mothers are teachers at Holiday Heights school. She said she had dropped her number to 4 since receiving the notice. Ms. Mitchell said she requests she be allowed to keep 10 children in her home. Linda Hill Garner came forward. She stated she had been a Physical Ed teacher for 18 years. Ms. Garner stated that Ms. Mitchell's home is directly across from an Industrial business. She stated there isn't any added traffic because most of the parents are coming that way going to Holiday Heights school. . Jackie Green, 7521 Lola Drive, came forward. She stated she lives about a block from Ms. Mitchell. Ms. Green said she has three children and two stay with Ms. Mitchell. She said she had the opportunity of trying out day cares and it would really devastate her children if she would have to move them. Ms. Green stated she felt the Ordinance is to protect the neighbors. She said the neighbors have written their support. Juli Llewellyn, 7316 Wexford Court, came forward. She stated that Ms. Mitchell has been keeping her child for 2~ years. She said she does not want to have to find someone else. Ms. Llewellyn said she only has him there for 9 months out of the year. Kent Howerton, 1228 Spargercrest, Bedford, TX, came forward. He said his wife works at Holiday Heights school. He said it is hard to find a good day care. Mr. Howerton stated that his wife would resign her job if Ms. Mitchell could not keep their child. . Page 3 Z B A Minutes July 20, 1989 . Anita Brannon, Palomar Drive, came forward. She said she lives behind Ms. Mitchell. She said the yard is always immaculate and the children are always clean. Ms. Brannon says she watches them and everyone is in control. Ms. Brannon said Ms. Mitchell has her vote. Steve Nelson, 5120 Roberta, came forward. He said he would like to address the Board and Holiday Heights. He said Ms. Mitchell keeps one child for him, he is also a neighbor, and his wife teaches at the school. He said he understands Ordinances are to protect, but he believes in liberty instead of protecting it. . Tommy Thompson, Pastor of Hurst Assembly of God Church, came forward. He stated Ms. Mitchell is a member of his church. He stated she has kept his son on occasions and found her very well able to take care of children. Pastor Thompson stated that Ms. Mitchell is a good christian lady. He said it is good to know we can trust someone to keep our children. Debra Bohn, 4309 Ken Michael, came forward. She said Ms. Mitchell keeps her son. She said she tried three day cares before she found this one. Lucretia Young, 7620 Sybil, came forward. She said she is a neighbor and has never experienced any problem; no traffic, no noise, no bad effect on the neighborhood. Ms. Young said she supports Ms. Mitchell. Chairman Hubbard called for those wishing to speak in opposition to this request to please come forward. There was no one wishing to speak. . Page 4 Z B A Minutes July 20, 1989 . Mr. Schubert asked Mr. Taylor if he had any problems with the traffic. Mr. Taylor stated no problems. Mr. Bunting asked the ages of the children Ms. Mitchell keeps. Ms. Mitchell stated she had one-1 year old, three-2 year olds, one-3 year old, three will be first graders and one second grader. She said this is during school. Mr. Grubb said he feels she is well qualified, but if the Board allows one to open, there would be a dozen wanting to also. He asked Ms. Mitchell if she had considered rezoning her residence. Ms. Mitchell said she had not. . Mrs. Calvert stated she could not live there if she changed the zoning to something other than residential. Mr. Grubb said if the Board granted her 10 children, then there would be 12, then 14, and it would get out of hand. He said this Board does not set precedence. Mr. Grubb asked Ms. Mitchell if she had considered putting a day care in a commercial area. Ms. Mitchell stated she had not. Mr. Grubb asked if she would continue to keep four children if the Board does not see fit to grant this request. Ms. Mitchell said she would. Mr. Cypert asked Ms. Mitchell if she was caring for the ten children by herself. . Page 5 Z B A Minutes July 20, 1989 . Ms. Mitchell said she did. She said her husband is home around 2:30. She said during the day, she has one bed baby and four toddlers and then some come after school. Mr. Bunting asked what a "bed baby" was. Ms. Mitchell said it is a child from birth to 17 months old. Chairman Hubbard asked how many full time children she has. . Ms. Mitchell stated that from 8 to 5 she has four and one pre-schooler who goes to pre-school some, then the school children from 2:30 to about 4:00. She said the school children are usually gone by 4:00, then some are picked up by 5:00. Mr. Grubb said some she keeps only an hour or so. Ms. Mitchell said one she keeps only 30 minutes. She said it is their home away from home. Chairman Hubbard asked if she keeps four below the first grade. Ms. Mitchell said yes. Ms. Mitchell said the State has it broken down by ages. Chairman Hubbard asked if she would at any time keep more than four full time. Ms. Mitchell said she about kept the limit. Mr. Cypert asked about the school children. . Page 6 Z B A Minutes July 20, 1989 . Ms. Mitchell stated they do not come before school and do not exceed two hours a day. She said she has four she keeps from 8 to 5 and three to 3:30 or 4:00 or 5:00. Ms. Mitchell said she feeds them a snack and they are provided a place to get home work, play or rest. Dr. Duer asked how many bed babies she could have. Ms. Mitchell said she has 1 bed baby and four 18 months to 5 years. She said the requirement fluctuates with the State. Dr. Duer said by the State Law she can not have more than one over the city's requirement. He said this is trying to get away from a full time day care. . Mr. Cypert stated Ms. Mitchell is in compliance with the full time care, but the City Ordinance does not state a difference between full time and part time. Mr. Cypert asked Ms. Mitchell if she would not exceed the full time and have six part time. Ms. Mitchell said she could do that. Mr. Schubert asked about the traffic. Mr. Taylor stated they had not had any complaints about the traffic. Chairman Hubbard closed the Public Hearing and asked if there had been any correspondence. Mrs. Calvert stated Ms. Mitchell submitted nine letters in favor of her request. . Dr. Duer stated he would be in favor of approving four full time and not to exceed six part time. Page 7 Z B A Minutes July 20, 1989 . Mr. Bunting stated she could go up to 12 according to the State. BA 89-11 APPROVED Mr. Cypert made the motion to grant Ms. Mitchell the right to have four full time and six part time not to exceed two hours. This would be a total of ten children. This motion was seconded by Mr. Grubb with an amendment of 3 hours for the part time children. The motion carried by a vote of 5-0. 2. BA 89-13 Request of James M. Walker, Jr. to vary from the Zoning Ordinance 81080 on Tracts 4R & 4R-l, A.G. Walker Survey, Abstract 1630, to be allowed to vary from the maximum outside storage in C-2 zoning. This property is located on the east side of Flory Street, approximately 600 feet south of Glenview Drive. . Chairman Hubbard read from Zoning Ordinance DI080, Section 27.6.2 "However, the Board shall not have the power to grant variances from the terms of this ordinance dealing with density, minimum parking or loading space requirements in R-5-D, R-6-T, R-7-MF, 0-1, LR, C-l, C-2, OC, I-I, and 1-2 zone districts, or grant a variance for a change in use not allowed in a district." Chairman Hubbard said his interpretation is this is not the Board to approve or disapprove this request. He asked the Board if they agreed. All the Board members agreed. Chairman Hubbard asked Mrs. Calvert to refund Mr. Walker's fee. He said this is not in this Board's jurisdiction. . Page 8 Z B A Minutes July 20, 1989 . 3. BA 89-14 Request of Leonard Hazel to vary from the Zoning Ordinance #1080 on Tracts 4PIB & 4P3, A.G. Walker Survey, Abstract 1630, to allow to vary from the masonry requirement and to vary from limited storage in C-2 zoning. This property is located at 4020 Flory Street. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of these requests to please come forward. . Kenneth Price, Attorney from Azle, came forward to represent Mr. Hazel. He said for the past 2~ years this property has been used for an office for a towing company and temporary storage for cars. Mr. Price said previously to that, a man used the property for a concrete business and stored his equipment and trucks there. He said the city notified them they would have to have an occupancy permit and then when they tried to get one, they said they can not issue him one because the building was not masonry. Mr. Price said Mr. Hazel is requesting a variance from that because it has been used for this use for some time. He said Mr. Hazel is also concerned with the limited storage; he is afraid he might not meet that requirement at times. Mr. Price stated the towing service has to take care of what they tow. He said they might have to keep it for a while and if the owner never comes after it, they might have to sell it. Mr. Price stated it is not permanent storage, they might not have more than one car, or five, or they might have twenty five at a time. . Mr. Grubb asked if the Board allowed the variance to the masonry, could he live with the 20% storage. He said they could probably put a line or something there to tell where the 20% would be. Page 9 Z B A Minutes July 20, 1989 . Mr. Hazel came forward. He asked what the 20% consisted of. Chairman Hubbard said it is 20% of the total lot. Mr. Hazel stated he went before the Planning and Zoning Commission and the City Council to zone it Industrial and was planning on building a nice building there, but said he could not do that if he could not get the zoning. Mr. Hazel stated he would live with the 20% storage if he could get the variance on the masonry. Chairman Hubbard asked if there was an area he could mark off for the 20%. Mr. Hazel said he would work with the city; just tell him where to put them. . Mr. Cypert stated he has no problem with the brick variance, but according to the Zoning Ordinance, they can not hear the storage variance request. Mr. Taylor stated they could on this one because they have an office there. He said the other request has no office. Chairman Hubbard called for those wishing to speak in opposition to these requests 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. . Mr. Schubert stated the Board is concerned with two things: stay within the 20% area and the masonry. Page 10 Z B A Minutes July 20, 1989 . Mr. Bunting asked if the city has an impound yard. Mr. Taylor stated he did not think so, but this wrecker service had the wrecker contract for the city last year. BA 89-14 APPROVED IN PART Mr. Grubb made the motion to approve leaving the building as is on the property but the request for more storage shall not exceed the 20% of the lot. This motion was seconded by Mr. Bunting and the motion carried 5-0. 4. BA 89-15 Request of J.D. Jones to vary from the Zoning Ordinance DI080 on Lot 2, Block 19, Richland Hills West Addition, to be allowed to build a garage up to the utility easement without the required 5 foot setback. This property is located at 6204 Onyx Drive North. . Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Jones came forward. He said he wants to build a 30 by 40 foot garage in his back yard and he can't unless he comes to the easement. Mr. Grubb asked would he be doing repair work in this garage. Mr. Jones stated he would not. He said he plans some day to build or own a show car. Dr. Duer asked if he has a garage now. Mr. Jones said he does have a garage now. . Mr. Grubb asked if he has plans to close the present garage for a room. Mr. Jones stated he does not. Page 11 Z B A Minutes July 20, 1989 . Mr. Grubb asked if he plans to leave the 5 foot easement. Mr. Jones said he would. He said he would build up to the easement. He said the utility pole has been removed so there is no need for the easement. Mr. Schubert asked why he didn't turn the garage 90 degrees and he would not have that problem. Mr. Jones stated there would be a lot of wasted space. Chairman Hubbard called for those wishing to speak in opposition to this request to please come forward. . Bill Whisenant, 3733 Holland, came forward. He said his property is perpendicular to the back of Mr. Jones' property. He stated he was interested in the size of the garage and the use of it. He said 30 by 40 feet is a good size building and the ordinance states over 200 square feet has to be brick. Chairman Hubbard said it would have to be brick. Mr. Whisenant showed the Board where his lot is. Dr. Duer asked if he could work on cars and sell them. Mr. Taylor said if they are his own property. He said when they have complaints of people working on cars, they go out and get the licence numbers and check out the ownership. Mr. Whisenant asked if it would be located next to the fence. . Dr. Duer stated there would be a 5 foot easement there. He said he can not build on an easement. Page 12 Z B A Minutes July 20, 1989 . Mr. Schubert asked how deep Mr. Whisenant's property was. Mr. Whisenant stated he was not sure. He said it goes all the way behind the property in question. He said he just needed some questions answered. Ms. May, 6200 Onyx Drive, came forward. She said she has lived next door to the Jones for some time. She said there are always cars and pickups parked allover and he works on them. Ms. May said if he gets this variance, how many more will he bring in. Chairman Hubbard asked Mr. Jones if he does any work on any cars that are not his. . Mr. Jones stated he does not do mechanic work on any other than family. Mr. Schubert said when Mr. Jones designs his garage, he should consider the property next to him. Mr. Jones said the garage would have 9 foot ceilings, 10 foot doors and would be 75% brick. Mr. Schubert stated there might be a problem if they had to get in that easement to work. Mr. Taylor stated there is a 10 foot easement, 5 feet on each side of the property line. Mr. Grubb asked what utilities were in the easement. Mr. Jones said only electric. Mr. Whisenant said there is electric, phone, and cable. . Chairman Hubbard asked if there had been any correspondence. Page 13 Z B A Minutes July 20, 1989 . Mrs. Calvert stated there had been none. Chairman Hubbard closed the Public Hearing. BA 89-15 APPROVED Mr. Cypert made the motion to approve BA 89-15 as requested. This motion was seconded by Mr. Grubb and the motion carried 4-1 with Mr. Bunting voting against. 5. BA 89-16 Request of Andy Butchard to vary from the Zoning Ordinance 01080 on Lot lR, Block 4, Fair Oaks Estates Addition, to allow house to be built beyond the side building line. This property is located at 7900 Kandy Lane. . Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Taylor stated that he did not charge Mr. Butchard a fee for this because it was an honest mistake on his and the city. He said there had been a replat on this lot and he did not know it and the inspector did not either. Mr. Taylor said the house' is already built and the furthest distance over the line is 3 feet. He said it is kind of on a curve and most is less than the 3 feet. Chairman Hubbard stated there is no one present to speak in opposition to this request so he will close the Public Hearing. He asked if there had been any correspondence. Mrs. Calvert stated there had been none. . . . . Page 14 Z B A Minutes July 20, 1989 BA 89-16 APPROVED ADJOURNMENT Mr. Grubb made the motion to approve BA 89-16 as requested. This motion was seconded by Mr. Cypert and the motion carried 5-0. The meeting adjourned at 8:45 P.M.