Loading...
HomeMy WebLinkAboutZBA 1989-10-19 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 19, 1989 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Ron Hubbard, at 7:36 P.M. ROLL CALL Chairman Members Dir. Community Dev. Chief Bldg. Inspector P & Z Coordinator Ron Hubbard Tom Duer Robert Skinner Jim Kemp Richard Lawson Danny Taylor Bob Williams Wanda Calvert Alt. Members ABSENT: Billy Cypert Jeff Bunting OATH OF OFFICE Lisa Woodward, Notary, administered the Oath of Office to new member, Robert Skinner, and new alternate member, Richard Lawson. . ELECTION OF OFFICERS Moved to end of Agenda. CONSIDERATION OF THE MINUTES SEPTEMBER 21, 1989 Chairman Hubbard stated approval of the minutes would have to be postponed until the next meeting since members are absent tonight who were present at the meeting. 1. BA 89-23 TABLED 9/21/89 Request of North Hills Mall to vary from the Zoning Ordinance #1080 to allow design banners to be displayed from light poles on the exterior of the property. This property is located at 7624 Grapevine Highway. Chairman Hubbard stated this request needs to be postponed until a later date due to the City Council is planning to act on an amendment to the Zoning Ordinance to allow these banners. BA 89-23 TABLED Dr. Duer made the motion to table this request until after the City Council acts on the revision to the Zoning Ordinance allowing these banners. . Page 2 Z B A Minutes October 19, 1989 . This motion was seconded by Mr. Kemp and the motion carried 5-0. 2. BA 89-24 Request of Ronald M. Silva, Sr. to vary from the Zoning Ordinance #1080 on Lot 2, Block 5, Stonybrooke Addition, to allow to vary from the 10 foot rear setback requirement. This property is located at 7304 Stonybrooke Drive. Since the passage of an amendment to the Zoning Ordinance regarding rear setbacks, there is no need for this variance. The fee was refunded. 3. BA 89-25 Request of Harvey Patton to vary from the Zoning Ordinance #1080 on Lot 3, Block 12, Skyline Homes Addition, to be allowed to build a carport beyond the front building line. This property is located at 6704 Victoria Avenue. . Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Harvey Patton came forward. He said he was requesting to build to the building line. He said his plat shows a 15 foot building line. Dr. Duer asked how far it is from the street. . Mr. Patton stated it is 15 feet from the approach. He said had already taken out a permit in 1987, but did not build the carport at that time. Mr. Patton said the City changed regime and said he could not build the carport. He said he has a water problem and felt the carport would help solve the problem. He said he had thought about putting in a french drain, but it was too expensive. Mr. Patton stated he plans to put up a $2,500 steel structure; all metal. Page 3 Z B A Minutes October 19, 1989 . Chairman Hubbard asked what kind of water problem he has. Mr. Patton said water stands and comes in under the garage door. Mr. Skinner asked when the house was built. Mr. Patton stated it was built in 1958. Mr. Skinner asked if the original plan was for the house to face Victoria. Chairman Hubbard stated that there is a 15 foot building line shown on the plat on Cylinda Sue. He said this was for the side, but they turned the house and made the setback 25 feet. He said the 25 foot setback does apply. . Mr. Patton stated he has some kinfolk who are handicapped and the carport would help in getting them into the house. Dr. Duer asked when Mr. Patton got the permit. Mr. Patton stated it was in 1987. Mr. Skinner stated this Zoning Ordinance was adopted in 1984. He said you received a permit in 1987 in error; this is 1989. Mr. Taylor stated that a permit is only good for 6 months, but if you start work, you have a year to complete the work. Mr. Patton said he guessed he should have gone ahead and set the poles. He said he wants to be legal. . Dr. Duer asked Mr. Patton if he had a garage. Page 4 Z B A Minutes October 19, 1989 . Mr. Patton said he has a two car garage, but you can not park two cars in a two car garage. He said the carport would solve several problems. He said water stands on the drive. Mr. Patton stated the carport would have gutter which would shoot the water out. Chairman Hubbard asked how far it would be from the house. Mr. Patton stated it would connect to the house. Mr. Skinner asked what his options are. Mr. Patton said it is slop in water or build the carport. . 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. Dr. Duer asked if the city had been out. Mr. Williams stated he had been out. He said Mr. Patton does have a water problem. He said he does have a driveway that slopes back to the garage. Chairman Hubbard said he understands that Mr. Patton has moved all his shrubs because of the drainage. . Dr. Duer said he feels sorry for the gentleman because of the drainage. He said he feels this is a hardship. He said he would be in favor of allowing the carport if it were not just metal. Dr. Duer said the Board granted a carport a few weeks back, but they promised to spruce it up with a shingle roof. He said he would like to see more than just metal. Page 5 Z B A Minutes October 19, 1989 . Mr. Patton said the metal carport would cost $2,500. He said it is the nicest he could find. He said the trim would match the house. Mr. Patton stated he has just done a $30,000 remodeling job. He said this carport would be made of the heaviest gage steel. Mr. Skinner asked how much overhang there would be. Mr. Patton stated from 10 inches to however it needs. Chairman Hubbard stated it takes four affirmative votes to approve a request. BA 89-25 APPROVED Dr. Duer made the motion to approve BA 89-25 with the stipulation that he build according to city code. This motion was seconded by Mr. Kemp and the motion carried 4-1 with Mr. Skinner voting against. . 4. BA 89-26 Request of David W. Griffin to vary from the Zoning Ordinance #1080 on Lot 7, Block 12, Kingswood Estates, to be allowed to have an accessory building beyond the height limit and beyond the side and rear setback requirement. This property is located at 7724 Chasewood Drive. Mr. Griffin came forward. He said this building is not an eyesore. He said he did not know you had to have a permit to build a play house. Mr. Griffin stated it is built on pier and beam and would have to have machinery to move it. He said he had not had any complaints. He said he made it match his home. Mr. Griffin said he made a mistake and when he found out about it, he came down to get the permit, but it was too late. . Chairman Hubbard asked how tall it was. Page 6 Z B A Minutes October 19, 1989 . Mr. Griffin stated it is approximately 13 1/2 feet. He said there are two story homes all around him. Mr. Skinner asked if he had any specifications for the building. Mr. Griffin said he had no plans. He said he knows about construction and he just built it. Mr. Skinner asked how old it was. . Mr. Griffin said he built it in March. He said his children are 9 & 6 years old. He said it is made of 2 by 6 construction with 3/4 inch plywood and is on 16 inch centers. Mr. Griffin said the piers are 4 feet in the ground. He said it is two feet from the side property line and 8 from the back. Mr. Griffin said he thought that if you did not occuPY the building, you would not need a permit. Mr. Skinner asked if he had electric or gas to it. Mr. Griffin said no, there is no need for it. 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. Mr. Skinner asked how much drop there was from the eaves. Mr. Griffin said it drops at least 4 feet. . Mr. Skinner said he would just need the variance on the side yard. He asked if his neighbors had a problem with the building. Page 7 Z B A Minutes October 19, 1989 . Mr. Griffin said he has no problem with his neighbors. Dr. Duer asked if he had rather cut off the pier and beam or shave off 4 feet off the building. Mr. Griffin said he would rather not do either. Dr. Duer asked if he had to use a weed eater to cut the grass next to the fence. Mr. Griffin said his mower would go through there. BA 89-26 APPROVED Mr. Skinner made the motion to grant the variance if he would get a permit. He said he would need to tell anyone that it was granted because of hardship. This motion was seconded by Dr. Duer and the motion carried 5-0. . 5. BA 89-27 Request of Bubba Berry to vary from the Zoning Ordinance DI080 on Lot 2R, Block 2, Snow Heights North Addition, to be allowed to erect a pole sign on the far east of the property. This property is located at 6805 Northeast Loop 820. Due to an error in reading the plat of this property, the subject does not need a variance. Fee was refunded. 6 BA 89-28 Request of AEGON USA Realty Advisors, Inc. to vary from the Zoning Ordinance #1080 on portions of Tracts 4 & 5, L.C. Walker Survey, Abstract 1652, to allow them to vary from the maximum height allowed in 0-1 Office Zoning. This property is located northwest of the intersection of Grapevine Highway and Precinct Line Road. . Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Page 8 Z B A Minutes October 19, 1989 . Pete Johanson, AEGON Life Investors, Hurst, TX, came forward. He said their scope of construction has changed. He said they needed to go from 3 to 4 stories, now 5. He said they are requesting a variance to 80 feet. Mr. Johanson said they had previously planned for a basement, but will be unable to have a basement because of the soil condition. Chairman Hubbard asked if they plan a 5 story building. Mr. Johanson said they do. Dr. Duer said about 76 feet. Mr. Johanson said it would be more like 70 feet. . Mr. Skinner said the airport is not there anymore. Mr. Kemp said they own several acres around it. Mr. Johanson said 76 acres. He said the actual office will be in the middle on a 17 acre plot. He said it will be a 100,000 square foot building and they have plans for a second building. He said it is now surrounded by pasture land, Cardinal Lane, and then E-System's light industrial zoned property to the west. Chairman Hubbard asked if they knew about the widening of Precinct Line Road. Mr. Bob Miller, Director of Economic Development, came forward. He stated that AEGON had agreed to donate right of way for future expansion of Precinct Line Road. . Mr. Taylor stated the Nowlin building is 9 stories. Page 9 Z B A Minutes October 19, 1989 . 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. BA 89-28 APPROVED Mr. Kemp made the motion to approve BA 89-28 as requested. This motion was seconded by Dr. Duer and the motion carried 5-0. 7. BA 89-29 Request of the City Staff for an interpretation of Zoning Ordinance #1080, Section 24.6 (Temporary Sales) regarding religious events. The property in question is Lot 3R, Block 11, Emerald Hills Addition. The property is located at 5412 Davis Boulevard. . Chairman Hubbard read the Ordinance regarding Temporary Sales: "On any property in any district except those zoned for residential uses, the temporary sales of Christmas trees and other forms of decorative plant materials associated with celebration of religious events may be permitted for a period of thirty (30) days prior to the day of religious celebration. The City Enforcing Officer may issue a permit for such sale when he finds: (a) That there is available adequate off-street parking area, either improved or unimproved, as determined by the enforcing officer. (b) That that location and layout of drives, parking areas, lighting, and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs and lighting shall be removed by the permit holder within fourteen (14) days after final termination of sales activities." . Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this to please come forward. Page 10 Z B A Minutes October 19, 1989 . . Tim Samsill, 4704 Susan Lee Lane, came forward. He said there are problems with the interpretation of the ordinance. He said there are 17 celebrated religious holidays. Mr. Samsill said the ordinance gives a tear down time of 14 days, but no set up time. He said they planned to sell pumpkins, have a haunted house and sell Christmas trees. Mr. Samsill said he represents the Children Education Search and Rescue. He said the ordinance states you may sell for 30 days. He said this is a hot topic in the city. Mr. Samsill said he has no paid staff and what they make, they put back into the city. He said they help agencies and crisis, and have programs for children. Mr. Sam sill stated they are a community service organization. Mr. Samsill said they have a partnership, an agreement with a partner. Dr. Duer asked who the other person was. Mr. Samsill said he took the permit out in both names, but only his name showed up in the computer. Mr. Skinner asked what names was on the permit. Mr. Samsill stated Bob Jones and Children Education Search and Rescue. He said he took out for the tent, temporary sales, and overhead light, but he is not permitted for the pumpkins. He said they said he did not need one. Dr. Duer asked how much he had to put up for these pumpkins. Mr. Samsill said $5,000. . Mr. Skinner asked if the haunted house is out. Page 11 Z B A Minutes October 19, 1989 . Mr. Samsill said it was. Mr. Skinner asked who is responsible. Mr. SaIDsill said it was a staff mistake. Chairman Hubbard asked if the one he dealt with had the authority to issue permits. Mr. Taylor said both inspectors had the authority. He said Mr. Samsill came in two days before the pumpkins were delivered. He said he got the tent permit and then two days later he had the pumpkins. Mr. Skinner asked what was the intent. . Steve Pence came forward. He said he had talked to Mr. SaIDsill prior to his obtaining the permit. He said they were going to sell Christmas trees and some pumpkins. Dr. Duer asked if Mr. Pence told Mr. Samsill he could not do that. Mr. Pence said he did not. He said he didn't see any problem with it. Mr. Taylor submitted the folder with the permit applications in it to the Chairman. Chairman Hubbard read that CESAR and Cable Electric took out an electrical permit 10/9/89, CESAR-temporary pole 9/26/89, and a temporary tent permit with Bob Jones and CESAR on 10/3/89. Mr. Samsill said if he had known he could not sell pumpkins, he would have waited to set up for the Christmas trees. . Dr. Duer asked how much loss would they have if they have to cease selling pumpkins. Page 12 Z B A Minutes October 19, 1989 . Mr. Samsill said approximately $2,000. Chairman Hubbard called for those wishing to speak in opposition to please come forward. . Barry Pointer, B & M Produce, 5102 Davis Boulevard, came forward. He said Mr. Samsill's partner came down one day and pumped him about how to sell pumpkins. He said he told him the different cities that allowed the sales. He said he almost bought the pumpkins for him. Mr. Pointer said he came to North Richland Hills two years ago. He said he met all the requirements. He said he has a Certificate of Occupancy for the sale of vegetables and fruit. Mr. Pointer said he has a permanent building. He said Mr. Samsill has operated 19 days illegally. Mr. Pointer said he feels this is unfair. Chairman Hubbard asked if Mr. Pointer's sales had been down. Mr. Pointer said they had been down about $200 a day, but he could not prove it is because of this. Mr. Pointer said Bob Jones sold Christmas trees last year there. Dr. Duer asked Mr. Pointer if he sells Christmas trees. Mr. Pointer said he does. He said he feels the ordinance was created for Christmas tree sales in December. Mr. Pointer said a pumpkin is a squash. Chairman Hubbard called for anyone else wishing to speak to please come forward. . There being no one else wishing to speak, the Chairman closed the Public Hearing. Page 13 Z B A Minutes October 19, 1989 . Mr. Taylor said he has people lined up wanting to sell all kinds of things; some cut stuff out of wood and call it a tree. Mr. Lawson asked if they have a permit. Mr. Taylor said they do not; they are waiting until the Board makes it's decision. Dr. Duer said, as a business man, Mr. Pointer had to pay all the fees and permits. He said Mr. Samsill came in for a permit and was told everything was okay. Dr. Duer said he can see problems on both sides. . Mr. Skinner said very few people would say halloween would be a religious holiday. He said the Board's objective is to interpret how we read the ordinance. Dr. Duer read one of the questions the Board has to ask themselves before they make a decision: "Has the applicant created his own hardship situation and would a prudent person have foreseen the hardship?" Dr. Duer said he feels this is a hardship. He said the man was not told he could not sell pumpkins. Chairman Hubbard said the Board has to simply give an interpretation of the Zoning Ordinance. Mr. Williams said he would like to find out from the Board, if he runs on 30 days, then has 14 days to tear it down, could he come back for a permit to sell Christmas trees. He said if that is the case, he could have a continuous sale going. . Mr. Skinner said it is not up to the Board to interpret that; that is up to the inspection department. Page 14 Z B A Minutes October 19, 1989 . Mr. Lawson asked Mr. Pence if he felt he was misled. Mr. Pence said "yes and no". He said when he first talked to Mr. Samsill, it never entered his mind it would be wrong to sell pumpkins in conjunction with Christmas trees. Dr. Duer said he feels it is a hardship because he was not told he could not sell pumpkins. Dr. Duer made a motion to allow CESAR to sell the remainder of the pumpkíns and as of November 1, cease the sale until November 25, 30 days limit before Christmas. This motion died for lack of a second. . Mr. Skinner started to make a motion, but withdrew it. BA 89-29 DENIED PUMPKIN SALE Chairman Hubbard made the motion that the Board interpret the Zoning Ordinance, Section 24.6 that it refers to the month of December as the religious event. This motion was seconded by Mr. Kemp and the motion carried 4-1 with Dr. Duer voting against the interpretation. Dr. Duer made the motion to send this Ordinance to Planning and Zoning Commission and the City Council to refine the Ordinance, Section 24.6; to revise and clarify Section 24.6. (2) also define what is considered allowable to be sold. (3) Review time limits for set-up and tear down, and if permits can be renewed. This motion was seconded by Mr. Skinner and the motion carried 5-0. Mr. Kemp had to leave at 9:00 P.M. . Page 15 Z B A Minutes October 19, 1989 . ELECTION OF OFFICERS ADJOURNMENT . ~~~J Secretary Zoning Board of Adjustment . Chairman Hubbard made the motion to elect Tom Duer for Chairman. This motion was seconded by Mr. Lawson and the motion carried 4-0. Mr. Lawson made the motion to elect Mr. Skinner as Secretary. This motion was seconded by Mr. Hubbard and the motion carried 4-0. The meeting adjourned at 9:10 P.M. ~~w Chairman Zoning Board of Adjustment