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HomeMy WebLinkAboutZBA 1989-09-21 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 21, 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 Members Chief Bldg. Inspector P & Z Coordinator Forrest Grubb Harold Schubert Billy Cypert Jeff Bunting Bob Williams Wanda Calvert ABSENT: Ron Hubbard Tom Duer Jim Kemp CONSIDERATION OF THE MINUTES OF AUGUST 17, 1989 Mr. Schubert made the motion to approve the minutes as written. This motion was seconded by Mr. Cypert and the motion carried 3-0 with Mr Bunting abstaining since he was not present at the meeting. . 1. BA 89-21 Request of J.M. Norton to vary from the Zoning Ordinance 81080 on Lot 46R, Block 3, Meadow Lakes Addition, to allow the construction of a wrought iron fence beyond the front and side building line, and to vary from the Flood Damage Prevention Ordinance #1471 to allow an encroachment into the Flood Plain. This property is located at 4904 Skylark Circle. Vice Chairman Grubb opened the Public Hearing and called for those wishing to speak in favor of these requests to please come forward. . Mr. Norton came forward. He stated he bought a lot on the lake and was given a small narrow strip of land adjoining this lot. He stated the City Golf Course people are allowing him to put in a waterfall and he needs to put up a fence. Mr. Norton said he plans to make a little park area there. Page 2 Z B A Minutes September 21, 1989 . Mr. Schubert asked if there would be any buildings on this small area. Mr. Norton said he may put a gazebo. Bob Frank, 6533 Meadow Lakes Drive, came forward. He said he is in favor of the fence going to the property line. Vice Chairman Grubb stated Mr. Norton also is asking for a variance due to an encroachment into the Flood Plain. . Mr. Williams stated that Mr. Norton came in and took out a permit for a retaining wall. He said the old wall had deteriorated and the one he built is a big improvement, but instead of building it on the property line, it went into the lake. Mr. Williams said when it goes into the lake, it needs to be checked by Texas Water Commission and the Public Works Department; however, we have a letter from Public Works which states everything is okay, but needs to release the city of any responsibility. Mr. Norton stated the wall ~roke and they almost lost it. He said they put steel in it and it is built well. He said this was done during the rainy season and the wall is off the property line some. Mrs. Calvert stated the permit for the wall is not an issue tonight. . Mr. Ragsdale, 4901 Dory Court, came forward. He said he lives next door to where Mr. Norton is building his house. He said he is very proud to have Mr. Norton build there. Mr. Ragsdale said everything Mr. Norton is doing is an enhancement to the area. He said he has people come through his yard to get to the lake to fish and this fence will stop that. Page 3 Z B A Minutes September 21, 1989 . Vice Chairman Grubb called for anyone wishing to speak in opposition to these requests to please come forward. There being no one wishing to speak, the Vice Chairman closed the Public Hearing. BA 89-21 APPROVED Mr. Schubert made the motion to approve BA 89-21 as requested on both requests. This motion was seconded by Mr. Bunting and the motion carried 4-0. 2. BA 89-22 Request of Ken A. Broadie to vary from the Zoning Ordinance #1080 on Lot 40, Block 1, Diamond Loch Addition, to be allowed to build a breakfast room beyond the side building line. This property is located at 3801 Diamond Loch West. . Vice Chairman Grubb opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. Broadie came forward. He stated he wishes to add a breakfast room on to his existing kitchen. He said it would be 35~ feet from the street. He said he wants to go out 9~ feet with a glass room. Mr. Broadie stated he is remodeling the kitchen and adding on to the back of the house. He said the extension would be 16~ feet from the property line. Mr. Schubert asked if the measurements are to the vertical wall and would he have an 18 inch overhang. Mr. Broadie said he believed it would have an overhang. He said he hadn't got that far yet. . Vice Chairman Grubb asked if this addition would be brick. Page 4 Z B A Minutes September 21, 1989 . Mr. Broadie stated it would be glass with brick in between. He said it would look nice. Mr. Bunting said the extension would be toward the side street and he sees no problem with it. Mr. Broadie said he needed the addition because it will be the only place for his family to eat. He said the extension would not block the view of traffic. Vice Chairman Grubb called for those 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. . Vice Chairman Grubb asked if there had been any correspondence. Mrs. Calvert stated there had been none. BA 89-22 APPROVED Mr. Cypert made the motion to approve BA 89-22 as requested. This motion was seconded by Mr. Bunting and the motion carried 4-0. 3. BA 89-23 Request of Robert A. Egert with North Hills Mall to vary from the Zoning Ordinance 81080 to allow design banners approximately 3 ft. by 12 ft. to be displayed from the light poles on the exterior of their property. This property is located at 7624 Grapevine Highway. Vice Chairman Grubb opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Page 5 Z B A Minutes September 21, 1989 · Scott Nelson, 7624 Grapevine Hwy., came forward to represent Mr. Egert and the Mall. He stated they want to improve the property. He said they have a landscaping program. Mr. Nelson stated these banners would be affixed to the light poles. He said they would add color and style to the area. He said they would also recognize where a person parked his car. Mr. Nelson said he works in Security and people requests their services in finding where they are parked. Mr. Nelson stated these banners would not be the type as seen on carlots and grocery stores. Mr. Bunting asked if they plan to change them from time to time. · Mr. Nelson stated they are so costly, he was not sure. He said they might change the color. He said they want them to look professional, not have a cheap look. Mr. Schubert asked if the design would include a name or wording. Mr. Nelson stated they would not. Mr. Bunting asked if they do not plan to change them from time to time, how could they keep them looking nice. Mr. Nelson said they would change them if they become frayed. Mr. Schubert asked why the size 3 by 12 feet. Mr. Nelson said it had been recommended best for the overall view. Mr. Schubert asked if they could be seen from both sides. · Mr. Nelson said they could. Mr. Bunting asked about the two pictures that were submitted. Page 6 Z B A Minutes September 21, 1989 . Mr. Nelson stated they were taken at two different locations for examples. Mr. Bunting asked if they had a plan for the height. Mr. Nelson said they do not know how high they will be. Mr. Schubert asked if there was a minimum height. Mr. Williams said 8 feet. Mr. Schubert asked if the design would be political or religious. Mr. Nelson said it would basically be a design and color. . Mr. Schubert asked Mr. Nelson if he was aware of the ordinance regarding banners. Mr. Nelson said he was. He said they just want to enhance their property. Mr. Schubert said he appreciated that, but the Board does not want to be known as a city out of control. He said they do not want to be lax on the ordinance. Mr. Nelson said they do not want it to look like a used car lot or a grocery store. He said they are wanting to beautify the property. Mr. Bunting stated he thinks they would be an eye-catcher. Mr. Nelson stated they hope they will cause an increase in sales. . Mr. Schubert said since there are only four present on the Board tonight and it takes four affirmative votes to pass a request, he feels they might need to table this request to a later date. Page 7 Z B A Minutes September 21, 1989 . Mr. Cypert stated this could cause a number of banners in the city. He said it was the majority of the vote of the ones who wrote and approved the ordinance that they did not want banners and if the Board approves these for North Hills Mall, then a trend could be set. He said if it is the current feeling of the staff to have these banners, maybe they need to change the ordinance. Mr. Cypert said he could see some advantages and some disadvantages. Mr. Bunting said they need an interpretation of the ordinance. Mr. Nelson stated it was the Board's responsibility to hear the variance. . Mr. Cypert said maybe they need to change the ordinance. He said the Board has to answer five questions: 1) What is unique about this property such that strict compliance with the Zoning Ordinance would result in unusual hardship or render the property unusable for its permitted use? 2) Has the applicant created his own hardship situation and would a prudent person have forseen the hardship? 3) Could the applicant reasonably achieve his purpose by applying for rezoning rather than the variance? 4) Is the spirit of the ordinance being complied with and is justice being substantially served? 5) Will the requested variance, if granted, cause problems for adjoining property? Mr. Cypert stated that if the Board grants one, others would say you allowed them to have banners, so let us. . Mr. Nelson said there is a hardship. He said they are trying to increase sales for the city. He said they attract customers to their center through various means. Mr. Nelson said they want to keep customers and attract more. He said they want to make their mall more professional and attractive. Page 8 Z B A Minutes September 21, 1989 . Mr. Bunting said the ordinance does not address these type of signs. He said it speaks of banners like "Mr. Jim's" or a dry cleaning sign. Mr. Cypert said if that is the case, have the staff review it and ask us for an interpretation. Mr. Bunting said he felt this is a grey area of the ordinance. Vice Chairman Grubb said he felt they should table it and talk with the City Staff. . Mr. Schubert stated there are five items listed under "banner signs". He asked which one is he in violation to. Re said the ordinance reads "Banner Signs may be attached to a wall surface-Dr facia and shall not project above the apparent roof or eave line." Mr. Schubert said it does not say "shall", it says "may". Mr. Bunting said the ordinance also states one sign per business. Mr. Nelson said they could put one for each store in the mall. Mr. Schubert asked how many banners they plan to put up. Mr. Nelson said there would be two banners per light pole; one on each side (one piece on each side). He said it is one banner, but two pieces of material so it can be seen on both sides. Vice Chairman Grubb said the Board needs to postpone this until the next meeting. . Mr. Cypert said it may be an interpretation problem, but it is better to address the problem. He said if it is interpretation, you would not have to present this case. · · · Page 9 Z B A Minutes September 21, 1989 BA 89-23 TABLED ADJOURNMENT ~M - Secretary Zoning Board of Adjustment Mr. Nelson asked what if he comes back next month and there is still only four on the Board again. Mr. Cypert said they are only citizens of North Richland Hills giving of their time to serve on this Board. He said there are times they cannot come. Vice Chairman Grubb said we are proud of North Hills Mall and the Board wants to do the right thing. Mr. Bunting said this is a grey area. Mr. Cypert made the motion to table BA 89-23 until the next regularly scheduled meeting and also ask the City Staff if there is a violation of the ordinance. This motion was seconded by Mr. Schubert and the motion carried 4-0. The meeting adjourned at 8:30 P.M. ~. Adjustment