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HomeMy WebLinkAboutZBA 1987-01-15 Minutes . MINUTES or THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 15, 1987 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Jack Roseberry, at 7:00 P.M. ROLL CALL PRESENT: Chairman Secretary Members Alt. Member Dir. Planning/Dev. P & Z Coordinator Jack Roseberry Billy Cypert Harold Schubert Hans Kossler Ron Hubbard David Barfield Richard Royston Wanda Calvert ABSENT: Forrest Grubb CONSIDERATION OF THE MINUTES OF DECEMBER 18, 1986 Mr. Schubert made the motion to approve the minutes as written. This motion was seconded by Mr. Cypert and the motion carried 4-0 with Mr. Kossler abstaining since he was not present at the meeting. . 1. BA 86-15 Request of Isam Qaddura to vary from the Zoning Ordinance #1080 on Tract 17B, W. W. Wallace Survey, Abstract 1606, to allow the continued use of a non-conforming canopy. This property is located at 5601 Davis Boulevard. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Weldon Parkhill, Attorney in Grand Prairie, came forward to represent Mr. Qaddura. He said he has Mr. Qaddura, his brother, and Mr. Stewart, the owner of the property with him if the Board needs to ask them questions. Mr. Parkhill stated this is a service station and grocery store with gas pumps. He said in November, 1986 the previous owner removed the canopy. Page 2 Z B A Minutes January 15, 1987 . Mr. Parkhill stated that Mr. Qaddura wanted to replace the canopy, but a building permit was refused because the canopy would be beyond the building line. He said if you would note on the survey, the building is 6.5 feet at one place and 5.4 feet at another from the building line, but the canopy posts would be 10 to 15 feet from the right-of-way. Mr. Parkhill said they wish to place the canopy over the existing pumps to show the name and the price of gas. He said it is usually customary for the gas company to put up the canopy and if they change the brand of gas they sell, the gas company would take the canopy down and this is what happened. Mr. Parkhill said he did not feel they should not be allowed to replace the canopy. . Chairman Roseberry asked if the property was platted. Mr. Royston stated it has not been platted. Chairman Roseberry asked if they would have to plat the property before he could get a building permit. Mr. Royston said the applicant is asking to allow to continue a non-conforming use which would allow him not to have to plat. Chairman Roseberry asked how large the canopy would be. Mr. Parkhill stated it would be 24 feet by 30 feet. Chairman Roseberry asked what happened to the right-of-way of the old Smithfield Road on the other side of the property. . Page 3 Z B A Minutes January 15, 1987 . Mr. Royston stated the road was abandoned and it will fall in halves to the owners on both sides. He said this would add an additional 25 feet to the property. Cal Stewart, owner of the property, came forward. Chairman Roseberry asked Mr. Stewart if he was aware of the abandoned road. Mr. Stewart stated he was. He said he has a survey. Mr. Parkhill said all the buildings are in conformity with the other buildings in the area. Chairman Roseberry stated it is just a few feet from the property line. . Mr. Royston said it was 5.4 at one place and 6.5 at another place. He said this occurred when they had to acquire right-of-way for the widening of Davis Boulevard. Mr. Royston stated there is about a 15 foot parkway. Chairman Roseberry asked if on a non-conforming use, do they allow major renovations. Mr. Stewart stated he has a contract. Mr. Barfield asked if a permit is required for demolition. . Mr. Royston stated this was done by the previous owner and the city was unaware of it until they came in for a building permit to replace the canopy. He said it is properly permitted for what they have done there. Mr. Royston said he had to reject the permit for the canopy because of the ordinance. Page 4 Z B A Minutes January 15, 1987 . Chairman Roseberry asked if the variance would be granted on the building, also. Mr. Royston said it would be how the motion was worded. Mr. Barfield said if he pumped gas in the rain, he would want a cover over him. He said the man did not know he could not replace the canopy; this is a particular situation. Chairman Roseberry said it was a non-conforming use. Mr. Schubert asked Mr. Royston to explain the second paragraph of his memo. . Mr. Royston stated there is continuous driveway across the majority of the frontage of the property and when the street is curbed and guttered, the city will have to get with the owner because a specific location will have to be determined for the drive approach and when that happens, access to the gas pumps will be even more restricted. Mr. Barfield said if the Board agrees to grant this variance, he hopes it does not set a precedence to other stations. Chairman Roseberry said this Board does not set precedence. Mr. Kossler said this is a way of life. He said he felt the Board should deal with this as a business matter and grant the request. Chairman Roseberry called for those wishing to speak in opposition to this request to please come forward. . Page 5 Z B A Minutes January 15, 1987 . There being no one wishing to speak, the Chairman closed the Public Hearing. Chairman Roseberry said he wanted the Board to be very distinct in their motion. Mr. Stewart asked if a dealer takes down a canopy, is he supposed to get a permit to take it down. Mr. Royston said he could take out a maintenance permit. BA 86-15 APPROVED Mr. Schubert made the motion to grant the request with the stipulation that the canopy could be no larger than 24 feet by 30 feet. This motion was seconded by Mr. Cypert and the motion carried 5-0. . Mr. Kossler said he had something to talk to the Board about. He said a few months ago when they had the meeting with the City Attorney, he asked the Attorney if the Board members were covered by insurance and he told us the coverage would cease in March. Mr. Kossler said he had decided to resign tonight. He said that in the future, if the insurance policy changes, he would be glad to serve on any City Board. Chairman Roseberry said there is a risk involved, but we are self insured, aren't we? Mr. Royston stated he was not sure. He said the City is changing the way of insuring. Chairman Roseberry said this Board is different than any other City Board in that we are the final say. . Mr. Royston requested Mr. Kossler put his resignation in the form of a letter. Page 6 Z B A Minutes January 15, 1987 . ADJOURNMENT . . The meeting adjourned at 7:30 P. M.