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HomeMy WebLinkAboutZBA 1989-08-16 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 17, 1989 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Vice Chairman, Forrest Grubb, at 7:30 P.M. ROLL CALL PRESENT: Vice Chairman Secretary Member Alt. Members Chief Bldg. Inspector P & Z Coordinator Forrest Grubb Harold Schubert Billy Cypert Tom Duer Jim Kemp Bob Williams Wanda Calvert ABSENT: Ron Hubbard Jeff Bunting Since there are absentees, both alternate Members will vote. . CONSIDERATION OF THE MINUTES OF JULY 20, 1989 Mr. Schubert made the motion to approve the minutes as written. This motion was seconded by Mr. Cypert, and the motion carried 5-0. 1. BA 89-17 Request of Daryl Cushenbery to vary from the Zoning Ordinance #1080 on Lot lOR, Block 26, Richland Terrace Addition, to be allowed to have an accessory building beyond the 6 foot side yard requirement. This property is located at 7308 Oakland Lane. Vice Chairman Grubb opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Cushenbery came forward. He said he was requesting a variance for a tool shed. He said he had three points: 1) Why he built the shed; 2) Why it cannot be moved; and 3) What the neighbors think about the shed. . ~ Page 2 Z B A Minutes August 17, 1989 . Mr. Cushenbery stated he went to Payless Cashway and they provided him with a list of materials he would need and instructions on how to build it. He said he obtained a permit from the city to build the building and at that time, he was asked if he was aware of the ordinances. Mr. Cushenbery said he made his first mistake by saying he was aware of the ordinances. He said he was not aware of the 6 foot side yard requirement and 6 weeks later when an inspector came out, he found out he was in violation. Mr. Cushenbery stated the shed is squeezed between two trees. He showed photos to the Board. He said there was an old concrete slab there and it seemed the logic place to put another shed. Mr. Cushenbery stated he was asked not to proceed until after this hearing. . Dr. Duer asked if there were utilities in the easement. Mr. Cushenbery stated no, this is a side yard requirement. He said the neighbors approve if it. He presented letters from them. Dr. Duer asked when people apply for a permit, does an inspector go out. Mr. Williams stated there is a stake-out inspection required. He said the Inspection Department has print-outs to hand out when people come for permits. Mr. Schubert asked if Mr. Cushenbery submitted a plot plan. Mr. Cushenbery stated all he had was the sketch furnished him by Payless Cashway. . Vice Chairman Grubb asked if he received a print-out. ~ Page 3 Z B A Minutes August 17, 1989 . Mr. Cushenbery said all he got was the permit approved by P. Cline. Mr. Williams stated P. Cline is the Inspection Clerk. Mr. Cushenbery said she asked him if he was aware of the ordinance. Mr. Cypert asked where the neighbors live in reference to Mr. Cushenbery's lot who wrote the letters. Mr. Cushenbery showed the Board the location. Mr. Schubert asked if he had gutters to divert the water. Mr. Cushenbery said he did not. . Mr. Schubert asked if he had an overhang. Mr. Cushenbery said he did. He said he can squeeze through between the shed and the fence and use a weed eater. Mr. Cushenbery stated he moved there in 1983 and there was an old concrete pad there with an old shed on it. He said he made the new pad out of wood because they have a drainage problem and it would be higher than a concrete one. Dr. Duer asked if he had been given the ordinance, would he have built the building. Mr. Cushenbery said he would have, but would have built a smaller shed. Dr. Duer asked if when a person is given the print-out, could you have them sign that they received it. . Mr. Williams said they could. Page 4 Z B A Minutes August 17, 1989 . Victor Baxter, 7301 Oakland Lane, came forward. He said he lives across the street from the property in question. Mr. Baxter said he did not feel it is a nuisance. He said Mr. Cushenbery maintains his yard as good as anyone on the street. Vice Chairman Grubb called for those wishing to speak in opposition to please come forward. There being no one wishing to speak, the Vice Chairman closed the Public Hearing. Dr. Duer stated that Mr. Cushenbery bought a permit and was not told of the side requirement and as for as a hardship, Dr. Duer said he feels it would be a minor hardship if he had to move it. . BA 89-17 APPROVED Dr. Duer made the motion to approve BA 89-17 as requested. This motion was seconded by Mr. Kemp and the motion carried 5-0. 2. BA 89-18 Request of Hubert L. Paul to vary from the Zoning Ordinance #1080 on Lot 7, Block 8, North Hills Addition, to be allowed to construct a carport beyond the front building line. This property is located at 3536 Reeves Street. Vice Chairman Grubb opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mr. Paul came forward. He stated his house is 38 years old and he has a van that he cannot get in the garage. He said they had a hail storm and got some damage. Mr. Paul stated this carport would be built into the house with a gable. Page 5 Z B A Minutes August 17, 1989 . Mr. Kemp asked Mr. Paul if he has a garage. Mr. Paul said he has a garage, but it is very small. Mr. Schubert asked if he could modify his garage to accommodate the van. Mr. Paul said he did not know. He said this would be a very nice carport. Mr. Schubert asked if there are any carports on his street. Mr. Paul said there is one two doors from him that was built approximately five years ago. . Mr. Williams stated the set-backs were the same then as now and it may not have been permitted. Mr. Schubert asked what the ordinance required for parking. Mr. Williams stated two covered and two not covered. Mr. Paul stated he had built some work benches in his garage and his wife has ceramics there. Dr. Duer asked if there was enough room on the side of the house. Mr. Paul said there was only 5 or 6 feet. Dr. Duer asked if a normal parking space was 9 feet by 18 feet. Mr. Williams stated it was. Mr. Paul stated he has a maxi-van. . Vice Chairman Grubb asked if he plans to inclose the garage. Page 6 Z B A Minutes August 17, 1989 . Mr. Paul said he does not plan to. Deloris Paul came forward. She stated the carport will be built into the roof and it will look like part of the house. She said it would be 20 feet from the garage door. Ms. Paul said they plan to spend approximately $14,000. Mr. Paul stated that the contractor said the carport would be 22 feet from the street. Mr. Williams stated that 9~ feet is city right-of-way. Vice Chairman Grubb asked if the other carport on the street was about the same distance from the street. . Mr. Paul said it looks like it would be. Mr. Paul said they had an addition on to the back of their house that got hail damage, also and they plan to change the roof line to match the gable. He said they plan to do this all at the same time. Mr. Schubert asked when he became aware he needed a variance. Mr. Paul said the builder told him. Vice Chairman Grubb called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Vice Chairman closed the Public Hearing. Mr. Schubert asked Mr. Paul why couldn't he put a barn or shed in the back yard for his junk. . Mr. Paul stated he already has one that is 10 feet by 14 feet. ~ Page 7 Z B A Minutes August 17, 1989 . Mr. Schubert said he did not see why he didn't modify his garage to accommodate the van. Ms. Paul stated there is a brick post in the middle of the garage. Mr. Schubert said he plans to modify his garage because he has an elevated van. Mr. Schubert said since there is already one carport on the street, the Board could give him one, but the Board does not need to be a rubber stamp. Mr. Paul said the water main runs next to the street. . Mr. Williams said 9.6 feet is the city's property and the 25 foot building line is measured from the 9.6 feet back. Mr. Paul said the sewer is in the back and is fenced. He said if it had been left open, we could have garbage trucks come down it instead of the front. Vice Chairman Grubb stated that easement is only 5 feet wide. Mr. Cypert asked if you were allowed two portable buildings per house. Mr. Williams said that was correct. Dr. Duer said a man spends $20,000 to $25,000 on a van and he admires him for wanting to take care of it. BA 89-18 APPROVED Dr. Duer made the motion to approve BA 89-18 with the stipulation that it be of high quality. This motion was seconded by Mr. Cypert and the motion carried 4-1 with Mr. Schubert voting against. . Page 8 Z B A Minutes August 17, 1989 . 3. BA 89-19 Request of Paul Adams to vary from the Zoning Ordinance 81080 on Lot 6, Block 4, Richhaven Addition, to be allowed to display a small Psychic Consultant sign in his yard in residential zoning. This property is located at 7905 Bedford-Euless Road. Vice Chairman Grubb opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mr. Adams came forward. He said he has this sign on his house. He said it is for his Grandmother who moved in with him in May. Mr. Adams said she does not charge for her work. He said there is a number on the sign and most people call her and she gives advice. He said this is something she believes in, a hobby. Mr. Adams said he put the sign up in early June and then he received a letter from the city. Vice Chairman Grubb asked Mr. Williams how long they had been having problems regarding this sign. Mr. Williams said since 1986. Mr. Adams said he bought the house in 1984 and then his brother lived there 8 or 9 months and she lived there with him and they put up the sign. Mr. Cypert said it does look like a Commercial business. He asked if he could put an add in the newspaper. Mr. Adams said his Grandmother is 77 years old. Vice Chairman Grubb stated we have a city ordinance against this and he does not feel this is a hardship. . Mr. Adams said this is the only house that faces Bedford-Euless Road. ~ Page 9 Z B A Minutes August 17, 1989 . Mr. Williams stated we had received numerous complaints about the sign, even from our elected officials. Mr. Adams asked if he could just have "Consultant" on the sign. Dr. Duer said he couldn't. Mr. Schubert said the ordinance does not allow a Notary to put up a sign. Mr. Williams said businesses that are allowed in residential zoning, such as dressmaking, cannot put up a sign. Mr. Adams said there is one advertising Lawn mower repair at 7908 Lazy Lane. Mr. Williams said he would take care of that. . Mr. Adams asked if he could change the zoning. Dr. Duer said if you did, it could no longer be used as a residence. Mr. Adams said he would like to change the zoning. Vice Chairman Grubb said for Mr. Adams to contact Mrs. Calvert and she would tell him what he had to do to apply for a zoning change. Vice Chairman Grubb called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Vice Chairman closed the Public Hearing. BA 89-19 DENIED Mr. Cypert made the motion to deny BA 89-19. This motion was seconded by Mr. Kemp and the motion to deny carried 5-0. . Page 10 Z B A Minutes August 17, 1989 . 4. BA 89-20 Request of Barbara Hagen to vary from the Zoning Ordinance DI080 on Lot 28R, Block 49, Foster Village Addition, to be allowed to have an accessory building beyond the height limit and also allow it to be located 7 feet from the rear property line instead of the required 10 foot setback. This property is located at 6808 North Park Drive. Vice Chairman Grubb opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Barbara Hagen came forward. She said that in May they made arrangements with Woodcraft Building, Inc. to build a storage building. She said they were unaware they needed a permit. Ms. Hagen said an Inspector told her she was in violation. She said there is a tree in front of the building and they can not move it. Thomas Hagen, 6808 North Park Drive, came forward. He said it is located 6 feet from the property line on one corner and 7 feet off the other corner. He said it is one foot off the easement. Mr. Hagen showed the Board some elevation sketches. Mr. Williams said the ordinance states the building can be no closer than 10 feet from the rear property line. Dr. Duer asked why Woodcraft Building Inc. did not get a permit. . Mr. Hagen said they feel it is our problem. He said he built a building a few years ago at another house and had no problem. He said he did not know he needed a permit for the shed. He said he needed the height (10ft) for more storage. . . . Page 11 Z B A Minutes August 17, 1989 Mr. Hagen said he called and asked if he could paint the building to protect the wood and Mr. Ken Miller said he could. Mr. Schubert said the builder could have built up to 200 square feet building instead of 168 square feet. Mr. Williams said if he had caught the builder, it would have been his responsibility to get the permit. He said he would have been given a citation. Mr. Hagen asked if it should have been the builder's responsibility to request the variance. Mr. Williams said they knew they needed a permit. Dr. Duer requested the City write these people and tell them they are going against the code. He said they leave it up to the tax payers to pay for the variance. Dr. Duer asked Mr. Hagen if they would furnish the city with the address of the builder. Mr. Hagen said they would. He said he has some neighbors present to back him up on his request. Wayne Blecher, 6809 North Park Drive, came forward. He said he lives across the street and the building is not noticeable. He said it is a beautiful shed and he wishes he could afford one. Pete Thomas, 6812 North Park Drive, came forward. He said he lives next door to the property in question. He said Mr. Hagen had used the same color scheme and it looks nice. He said when they were putting up the frame, he was afraid of what it would look like, but it is not noticeable. . . . Page 12 Z B A Minutes August 17, 1989 Vice Chairman Grubb called for anyone wishing to speak in opposition to this request to please come forward. There being no one wishing to speak, the Vice Chairman closed the Public Hearing. BA 89-20 APPROVED Mr. Schubert made the motion to approve BA 89-20 as requested. This motion was seconded by Dr. Duer and the motion carried 5-0. Dr. Duer asked about a previous case regarding a building at the YMCA. He said they were supposed to put tall greenery all around the building except on the side next to the pool. He said also, they were not to use the building for anything; it was just to be a shell, but Mr. Taylor states they have outlets in the building. Vice Chairman Grubb asked Mr. Williams to check this out. ADJOURNMENT The meeting adjourned at 8:55 P.M. I Vi e Chairman Zoning Board of Adjustment {(5/~ ~ Zoning Board of Adjustment