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HomeMy WebLinkAboutZBA 1988-11-15 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 15, 1988 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Ron Hubbard, at 7:04 P. M. ROLL CALL PRESENT: Chairman Vice Chairman Secretary Member Alt. Members Dir. Community Dev. P & Z Coordinator Ron Hubbard Forrest Grubb Harold Schubert Billy Cypert Jim Kemp Tom Duer Danny Taylor Wanda Calvert ABSENT: Jeff Bunting CONSIDERATION OF THE MINUTES OF SEPTEMBER 15, 1988 Mr. Grubb made the motion to approve the minutes as written. The motion was seconded by Mr. Schubert and the motion carried 5-0. . CONSIDERATION OF THE MINUTES OF OCTOBER 20, 1988 Chairman Hubbard stated these minutes would have to be postponed since there are not enough members present that was present at the meeting to approve them. Alternate Jim Kemp will not be voting tonight; Alternate Tom Duer will vote in the absence of Jeff Bunting. 1. BA 88-16 Request of F. E. Griffin to vary from the Zoning Ordinance #1080 on Lots 9, 10, & 11, Block 16, Briarwood Estates Addition, to be allowed to install a fence beyond the front building line. This property is located on the east side of Holiday Lane across from the new school. Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mr. Griffin came forward. Page 2 Z B A Minutes November 15, 1988 . Mr. Cypert stated he works for Birdville ISD and since the school is across the street, asked if this would be a conflict. Mr. Griffin said it would not. Mr. Griffin said he felt this wrought iron fence would make his property more attractive. He stated he also plans to put in sidewalks. Chairman Hubbard called for those wishing to speak in opposition to this request to please come forward. There were none. Mr. Kemp asked where Mr. Griffin plans to put the sidewalks. . Mr. Griffin stated that 10 feet to the street is city property and it would be located within that area and the fence would be on his property. Chairman Hubbard asked if he has taken out a permit. Mr. Taylor stated Mr. Griffin will need a permit and if the retaining wall is in excess of 4 feet it will have to be engineered. Mr. Griffin stated that only an 18 inch fence would be dangerous. Mr. Grubb asked how high the retaining wall and fence would be. Mr. Griffin stated the retaining wall would be 43 to 45 inches with a 36 inch wrought iron fence. Mr. Grubb asked what is the purpose of this fence. . Mr. Griffin stated it would look better than the clay hill. Page 3 Z B A Minutes November 15, 1988 . Mr. Cypert stated he contacted the school and they have no objections to the request. Chairman Hubbard closed the Public Hearing. Chairman Hubbard asked if there had been any correspondence. Mrs. Calvert stated there had been none. BA 88-16 APPROVED Dr. Duer made the motion to approve BA 88-16. This motion was seconded by Mr. Cypert and the motion carried 5-0. 2. BA 88-17 Request of Clarence Huffman to vary from Ordinance #1471 (Flood Damage Prevention Ordinance) on Lot 14, Block 34, Richland Terrace Addition, to be allowed to build a building in a designated Flood Plain. This property is located at the northeast corner of Cummings Drive and Northeast Loop 820. . Chairman Hubbard opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Bob Hall came forward to represent Mr. Huffman in his request. He showed some pictures of existing houses built in the area. He stated they were built prior to the city having a Flood Damage Prevention Ordinance. Mr. Hall stated the level is 582 to 583 feet sea level. He stated they have already acquired the dirt to fill the lot if the Board says we have to. He said they would have to build the lot up 5 1/2 feet. Mr. Hall said he could not see them building a 5 foot concrete wall next door to existing houses. . Mr. Hall stated they plan to have a nice structure there. He said there are already existing houses built there in the flood plain. Page 4 Z B A Minutes November 15, 1988 . Mr. Hall said to have to go up 5 feet does not make sense. Mr. Grubb asked what they plan to build. Mr. Hall stated they plan to build a church. He said they would like to conform to the neighborhood. 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 said he was concerned with protecting the building and lives in the building if it flooded. He said this Flood Prevention Ordinance is to see this doesn't happen. Mr. Schubert asked about the pictures submitted. Mr. Hall stated one is located on the north and one across the street from this lot. Mr. Grubb asked if all the houses in this area are in the flood plain. Mr. Taylor said they were. He said they have a bond program to fix the channel some time. Mr. Hall stated there is a tract of land which runs adjacent to the creek and behind these lots. He said he fully understands what the Corp of Engineers and the flood plain, but it would be less likely for someone to be hurt in church than any other place in the area. . Mr. Schubert asked how a church could be built in residential zoning. Page 5 Z B A Minutes November 15, 1988 . Mr. Taylor stated a church can be built in any zoning, even in prime Industrial zoning. Mr. Hall stated they were not here to decide whether a church could be built in residential zoning, but if it could be built in the flood plain. Dr. Duer said if the Board approves this, it could come back on us and they could sue the city. He asked if there had been any suits filed against the city. Mr. Taylor said not that he knew of, but we had only had one flood since he has been here. Mr. Grubb said the mortgage company could sue. . Mr. Hall stated they would have insurance on the property. He said it just doesn't make any sense to stick that church up on a 5 foot hill. Chairman Hubbard asked if they as a Board could be liable. Mr. Taylor said they could. Dr. Duer said he felt they should go with the requirements rather than ascetics. Mr. Hall stated that when Calloway Creek is concrete lined, the lot will be out of the flood plain. Mr. Grubb asked it they plan to raise the elevation of the whole lot. Mr. Hall stated no, just where the building will be located. . Mr. Hall said he was sure that Mr. Huffman would sign a disclaimer. Page 6 Z B A Minutes November 15, 1988 . Chairman Hubbard said we received a letter in opposition from David C. Tucker: "November 8, 1988, Mr. Danny Taylor, We would like to express our opposition to a church being built next to our home located at 4904 Cummings Drive, Lot 13, Block 34, NRH, TX, Signed Dave Tucker" Chairman Hubbard said it looks like he is saying he is in opposition to a church being built there; not against a structure being built in the flood plain. Chairman Hubbard asked when they plan to start construction. Mr. Hall stated in about 30 days. . Mr. Taylor said he has the preliminary drawings now. Mr. Grubb said he thinks they have a problem. He said this city had a flood in the early 80's that flooded this area. He said he feels they should bring it up out of the flood plain and then they would have no problem. Mr. Cypert said his house is in the flood plain and it flooded in 1981, but he had 14 years it never flooded. He said if his house had not been built, he would not have had the enjoyment of living there. Mr. Cypert said he would not want to stick that building up on a pedestal. He said the church would house people on rare occasions, maybe two times a week. Mr. Cypert said it is the Board's duty to hear problems such as this. Mr. Grubb asked if there is a bond program for this area. . Mr. Taylor said it is in the bond program to be improved, but he does not know when that will be. He said the creek would be concrete lined. . . . Page 7 Z B A Minutes November IS, 1988 BA 88-17 DENIED ADJOURNMENT Chairman Hubbard said he felt Mr. Huffman is willing to take this risk. Dr. Duer said it could fall back on the city if there was ever a flood. Mr. Cypert said the Board is to look into cases like this. Mr. Hall said it states in the Ordinance that we have the right to go before the Board. Dr. Duer said it was supposed to be a hardship. He said it won't cost a lot of money because the dirt has already been donated. Mr. Cypert stated that each individual has to make up his own mind as to the questions he must ask themselves. Mr. Kemp read from the Ordinance the responsibility of the Zoning Board of Adjustment. Chairman Hubbard called for a motion. Mr. Cypert made the motion to approve BA 88-17. This motion was seconded by Mr. Schubert. The motion failed by a vote of 3-2 with Mr. Grubb and Dr. Duer voting against. The request was denied since there were not four affirmative votes. Chairma