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HomeMy WebLinkAboutZBA 1988-06-21 Minutes · MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 16, 1988 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Vice Chairman, Forrest Grubb, at 7:04 P. M. ROLL CALL PRESENT: Vice Chairman Secretary Member Alt. Members Dir. Planning/Dev. P & Z Coordinator Forrest Grubb Harold Schubert Billy Cypert Jim Kemp Tom Duer Richard Royston Wanda Calvert ABSENT: Ron Hubbard Jeff Bunting OATH OF OFFICE Mr. Royston administered the Oath of Office to Dr. Tom Duer. · CONSIDERATION OF THE MINUTES OF APRIL 21, 1988 The minutes had to be postponed due to not enough present who were in attendance. 1. BA 88-4 Request of Dillard E. Prestidge to vary from the Zoning Ordinance #1080 on Lot 31, Block 5, Briarwood Estates Addition, to allow fence to be beyond the side building line. This property is located at 7000 Post Oak Drive. Vice Chairman Grubb opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. · Mr. Prestidge came forward. He stated he had a wooden fence that was falling apart and he tried to repair it. He said he tore the panels off on two sides of the fence and found they would have to be replaced. Mr. Prestidge stated that since he had more yard outside his fence than he had inside, he decided to move the fence closer to the street. He said . Page 2 Z B A Minutes June .J.Ø, 1988 1" he did not get a permit; he did not know he needed one. He said he had worked with his Stepfather building fences and never knew he needed a permit. Mr. Prestidge said a man from the City came by and said he would have to take the fence down because it was against City Ordinance. Mr. Prestidge said the City man said the fence had previously been in violation also and he could not put it back where it was originally. He suggested Mr. Prestidge call Mr. Royston about a variance. Mr. Prestidge said he went around to all his neighbors and they signed a letter stating they had no objection to the fence. . Mr. Schubert asked how far the fence was from the neighbor's drive way. Dr. Duer said it is about 10 feet. Mr. Royston said they should have 6 foot side yards. Mr. Prestidge said his neighbor has no problem seeing when he backs out of his driveway. Vice Chairman Grubb asked how old the house was. Mr. Prestidge said it was about 8 years old when he bought it two years ago. Dr. Duer asked Mr. Prestidge if he finished the fence with no permit. Mr. Prestidge said he did. He said he never thought about needing a permit. . Dr. Duer said the neighbor might not have any objection now, but if he sells his house, the purchaser might not like it. Page 3 Z B A Minutes June 16, 1988 · Vice Chairman Grubb said if the Board approves it tonight, it would be valid from now on. Mr. Prestidge said there is no sight problem. He said one time the City put up stop signs, but within two months they came back and took them down. Mr. Prestidge said the side street is only one block long. He asked why they don't have 3-way stops; is it not successful? Mr. Royston said they must warrant stop signs. He said that is State L~. Mr. Prestidge said he would like a stop sign on the side street. · Mr. Prestidge showed pictures of several houses in the neighborhood that have fences with the same problem as his. Dr. Duer asked if Mr. Prestidge has to move his fence, would he just have to move the posts. Mr. Prestidge said he would just not put up a fence; he would not have enough back yard. Vice Chairman Grubb called for anyone wishing to speak in opposition to please come forward. There being no one wishing to speak, the Vice Chairman closed the Public Hearing. Mr. Cypert asked if there had been any correspondence. Mrs. Calvert said there had been none. · Mr. Schubert asked Mr. Royston if he had any additional red tags on fences. Page 4 Z B A Minutes June 16, 1988 · Mr. Royston stated this one was a new fence and the Code Enforcement Officer stopped to check for a permit. He said the previous fence was non-conforming since January, 1984 when the Ordinance was adopted, but we would not have required him to take the fence down. BA 88-4 DENIED Mr. Cypert made the motion to approve BA 88-4 as requested. This motion was seconded by Mr. Kemp, but the motion failed by a vote of 3-2 with Mr. Schubert and Dr. Duer voting against. Vice Chairman Grubb said the request is denied since there was not four affirmative votes. Dr. Duer asked if the Board could amend this. · Mr. Royston said they could. Dr. Duer asked Mr. Prestidge if he would consider going back to the old fence line. Mr. Prestidge said if that is the only alternative, he would. Dr. Duer made the motion to allow the homeowner to move the fence back to it's original place. This motion was seconded by Mr. Schubert and the motion carried 5-0. 2. BA 88-5 Request of Carl Magar to vary from the Zoning Ordinance #1080 on Lot 7, Block 3, Hewitt Estates Addition, to vary from the 75% brick requirement on a garage/game room. This property is located at 7712 Hewitt Street. · 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 June 16, 1988 · Mr. Magar came forward. He said he had a garage constructed and found it was not built to accommodate brick, the eves are not for brick. Mr. Magar stated that his was a mixed neighborhood having some frame homes and some brick homes. He said the garage is barely visible to the street. Mr. Schubert asked about the greenhouse. Mr. Magar said it had already been moved. Mr. Schubert asked how he would get back to the garage. Mr. Magar said he will build an approach on the east side of the house. · Mr. Magar said he understands the spirit of the ordinance is to enhance the neighborhood, but his neighborhood has both frames and bricks. He said the house next door to him is frame. Vice Chairman Grubb asked if there had been any correspondence. Mrs. Calvert said there had been none. Mr. Schubert asked if the building plans were approved. Mr. Royston said they were approved with the agreement it would be bricked. Mr. Magar said since the building has been built, he finds it would be hard to brick it. Dr. Duer asked if the contractor messed up. · Mr. Magar said no, he had a brick ledge put on it. . . . Page 6 Z B A Minutes June 16, 1988 Mr. Kemp said Mr. Magar would have to tear out the window and door frames to brick it. Mr. Magar said the brick would have to come out to the edge of the roof, too, and that would not look good. Vice Chairman Grubb called for those wishing to speak in opposition of this request to please come forward. There being no one wishing to speak, the Vice Chairman closed the Public Hearing. Dr. Duer said if this garage were surrounded by custom homes, it would stick out like a sore thumb, but he could see no problem where it is located. BA 88-5 APPROVED Mr. Schubert made the motion to approve BA 88-5 as requested. This motion was seconded by Mr. Cypert and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 8:00 P. M. Adjustment