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HomeMy WebLinkAboutZBA 1989-11-16 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 16, 1989 - 7:30 P. M. CALL TO ORDER The meeting was called to order by the Acting Chairman, Ron Hubbard, at 7:32 P.M. ROLL CALL PRESENT: Acting Chairman Secretary Members Dir. Community Dev. Tech. Inspector P & Z Coordinator Ron Hubbard Robert Skinner Billy Cypert Jeff Bunting Jim Kemp Richard Lawson Danny Taylor Ken Miller Wanda Calvert Alt. Members ABSENT: Tom Duer . Mrs. Calvert stated Council members, Linda Spurlock and Mack Garvin, were in the audience. Alternate Jim Kemp will be voting in the absence of Tom Duer, and, except for the minutes, Alternate Richard Lawson will not vote. CONSIDERATION OF THE MINUTES OF SEPTEMBER 21, 1989 Mr. Cypert made the motion to approve the minutes as written. This motion was seconded by Mr. Bunting and the motion carried 2-0 with Hubbard, Skinner, Kemp, and Lawson abstaining since they were not present at the meeting. CONSIDERATION OF THE MINUTES OF OCTOBER 19, 1989 Mr. Kemp made the motion to approve the minutes as written. This motion was seconded by Mr. Lawson and the motion carried 4-0 with Cypert and Bunting abstaining since they were not present at the meeting. 1 . BA 89-30 Request of Dolores Webb to vary from the Zoning Ordinance #1080 on Lot 3, Block 4, Hewitt Estates, to be allowed to have a fence beyond the side building line. This property is located at 6820 Meadow Road. . Page 2 Z B A Minutes November 16, 1989 · Acting Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. · Ms. Webb came forward. She stated they moved to this house the first of August. She stated it had a 2~ foot cyclone fence around the property, except for the back which is 6 feet. Ms. Webb stated they have a begal that climbs so they replaced a portion of the fence and took down the fence across the front. She stated that the man that did the replacement of the fence did not get a permit. Ms. Webb said the city sent a notice to the Mr. Welborn, the previous owner who is deceased, stating they either had an option to take the fence down or request a variance. She stated that the day the widow of the previous owner delivered the notice to them, they received the City's "Yard of the Month" award. She said they had worked very hard to make their property attractive. Ms. Webb showed the Board pictures of the property, before and after the fence was put up. Ms. Webb said the stockade fence sets back so far from the corner, she doesn't feel it to be a problem. Ms. Webb stated she has a letter from their neighbors, Martha and Forrest Johnson, stating they have no problem with the fence. She said the only thing Forrest Johnson asked was they not put the stockade across the back because they like to look at their yard. Acting Chairman Hubbard asked the height of the fence. · Rodger Webb came forward. He stated the cyclone fence is 32 inches everywhere except it is 6 feet across the back. He said they replaced the side with stockade fence. Page 3 Z B A Minutes November 16, 1989 . Mr. Bunting asked when they moved there and when was the fence replaced. Ms. Webb stated they moved there August 1st and the fence was replaced shortly afterward. He said you can't keep a yellow lab in the house very long. Mr. Skinner stated the ordinance has been in place since January, 1984 and this Board is here to interpret the ordinance. He said the ordinance stated you cannot put the fence beyond the building line. Mr. Skinner stated if the city ever widens Hewitt Street, you would loose the fence. Mr. Cypert stated this Board hears individual hardships and interprets if requested, but they primarily hear hardships. . Ms. Webb said there is another problem. She said if they had to move the fence back, there is a retaining wall there that would be in the way. Acting Chairman Hubbard asked Ms. Webb if she said her neighbors, the Johnsons, had no objection to the fence. Ms. Webb said they said they did not have a problem with the fence so she requested they put it in writing. Mr. Webb stated his wife was working in the yard and heard a man and woman walking by stating how nice the yard was. Acting 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 Acting Chairman closed the Public Hearing. Page 4 Z B A Minutes November 16, 1989 . Mr. Cypert stated there are a lot of pre-existing situations in this area. He said there are large lots and estate sites. He said at 6900, they have a masonry entrance. Mr. Cypert said he does not see any problem with granting the variance. Mr. Bunting said they have just moved into the city and into this house and did not know the ordinance, and he feels this would be a hardship. Mr. Cypert stated that this Board has requested that the city put in the city newspaper the requirements for fences and storage buildings. Mr. Taylor stated it was in the last issue of the newsletter. . BA 89-30 APPROVED Mr. Kemp made the motion to approve BA 89-30 as requested. This motion was seconded by Mr. Cypert and the motion carried 5-0. Mr. Cypert asked Mrs. Calvert how it is decided who the regular voting members are and who the alternates would be. Mrs. Calvert said the City Council decides that. Mr. Bunting asked why they did not move Alternate Jim Kemp up to a regular member. Councilman Garvin said it must have been an oversite on the Council's part. Mr. Cypert stated that Mr. Kemp had been an alternate for two years, is a very faithful member, and contributes a lot to the Board. . Councilwoman Spurlock stated stated some things slip by, but they try to do their best. She stated they Page 5 Z B A Minutes November 16, 1989 . approved the banners that the ZBA sent to them. She stated they changed the square feet to 65,000 to allow such places as Walmart or Burk Collin's center to have one. Councilwoman Spurlock said they could have logos on the banners. Mr. Kemp asked if they could just have symbols. Councilwoman Spurlock said that was correct. Mr. Bunting said he was still concerned that the alternate member was not moved up. . Mr. Skinner said the Chairman of the Board could take care of this. He said the Chairman could pick who he wanted to serve each time and everyone could have a chance. Acting Chairman Hubbard said there is nothing in writing about that. Mr. Skinner said its not in writing, but the Chairman can do that. Mr. Cypert stated he has been on this Board 7 years and he would not want to relinquish his vote. He said if he had to do that, he would probably walk out. Mr. Cypert said he feels the members should talk to the Council Members about this. Councilwoman Spurlock said the Council member does have the right to do this, but they need to be careful. Councilman Garvin stated he does not feel the Council should replace a good, long standing member on the Board. . Mr. Skinner asked if there had been anything done about rewriting the ordinance regarding temporary sales. Page 6 Z B A Minutes November 16, 1989 . Mrs. Calvert stated it is in the works. Mr. Skinner asked if they would be contacted to work on it. Mrs. Calvert stated the Planning and Zoning Commission and City Council would make the changes. Mr. Skinner asked who was working on it. Mrs. Calvert stated the Staff and Planning and Zoning. ADJOURNMENT adjourned at 8:00 P.M. . Acting Chairman Zoning Board of Adjustment of Adjustment .