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HomeMy WebLinkAboutZBA 1987-08-20 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUGUST 20, 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 Jack Roseberry Billy Cypert Harold Schubert Ron Hubbard Forrest Grubb David Barfield Richard Royston Wanda Calvert Alt. Members Dir. Planning/Dev. p & Z Coordinator CONSIDERATION OF THE MINUTES OF JULY 16, 1987 Mr. Grubb made the motion to approve the minutes as written. This motion was seconded by Mr. Hubbard and the motion carried 4-0 with Mr. Schubert abstaining since he was not present at the meeting. . 1. BA 87-9 Request of Michael T. Moore, DDS to vary from the Zoning Ordinance #1080 on Lots lR & 2R, Block 6, Meadow Lakes Addition, to vary from the minimum one (1) acre requirement for a zoning application in 0-1 Office zoning. This property is located at the southwest corner of Rufe Snow Drive and Meadow Lakes Drive. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Dr. Moore came forward. He stated he needs a variance from the 1 acre minimum requirement. He said he plans to build a 1,200 to 1,400 square foot office building for his dental practice. . Chairman Roseberry said from the Staff comments, he understands Mr. Moore has previously had a rezoning request on this property. Page 2 Z B A Minutes August 20, 1987 . Mr. Royston stated the owner of the property previously came in requesting Local Retail zoning, but it was turned down. Chairman Roseberry asked Dr. Moore if he owns the property now. Dr. Moore stated he has a contract on it. He said his residence is in the Meadow Lakes area as is his parents and he is concerned about the way the building would look. Dr. Moore said he plans to build a building which looks like a house with timberline roof. He said if this property is ever used, this would be the best use of this property. . Chairman Roseberry stated that the previous zoning request classification would have allowed a service station or convenience store. Mr. Schubert asked what the purpose of the business. Dr. Moore stated he is a dentist. Chairman Roseberry said because of this district, Dr. Moore needs a variance, but with the Local Retail classification, he did not need the one acre. Dr. Moore stated there is 27,500 square feet of land which is too much for just one building. He said he might sell some of it later to an MD to set up a family practice in the future. Chairman Roseberry asked Dr. Moore if he would consider replatting it into one lot for one building. . Dr. Moore said he might sell the other lot later on. Page 3 Z B A Minutes August 20, 1987 . Mr. Grubb stated you could apply for Local Retail without a variance. He said he felt they needed to ask for Planned Development. Mr. Royston stated the City Council has the right to limit a shopping list in a district, but that is a zoning issue. Mr. Grubb asked what reason does this Board need to approve this request; once he gets the zoning, he can come in with anything. Chairman Roseberry said that was not true. He said they can specify what type building, etc. He said Dr. Moore cannot go to the Planning and Zoning Commission and request aD 0-1 Office zoning without a variance. . Mr. Grubb stated this is a difficult place in the area. He said this area is designated for single family. He said the Board should be fearful of what they are doing. Chairman Roseberry said Dr. Moore is asking to be allowed to go before the Planning and Zoning Commission for Office zoning. Chairman Roseberry said Dr. Moore might be asked to replat the property. Dr. Moore said he doesn't mind replatting. Chairman Roseberry asked Dr. Moore if he would be willing to put one building there instead of two. Dr. Moore said he would if that is the only way he could get the Office zoning. . Mr. Barfield said Dr. Moore has a small area and the Board needs to decide if he is close enough to the minimum to allow him to request the zoning change. Page 4 Z B A Minutes August 20, 1987 . . . Mr. Barfield said it is not the Board's perimeter to decide the zoning. Dr. Moore said he lives in the neighborhood and he wants to make it attractive. He said he can not imagine anyone wanting to build a residence that would front on Rufe Snow. Chairman Roseberry said the Board is here to hear all sides. Chairman Roseberry called for those wishing to speak in opposition to this request to please come forward. Varghese Zacharia, 6632 Meadowridge Court, came forward. He said it is the second time he has been here regarding this property. He said he bought his home because of the zoning and the school in the area. He said there are approximately 40 people who are in opposition to this request. Mr. Zacharia said Mr. Johnston paid $100,000 to buy the lots and could not build on them, and the Doctor has not bought them for gain. He said he would appreciate the Board not granting this request. Terry Tice, 6701 Larue Circle, came forward. He said he lives across the street from the property in question. He said if they built a residence there, it would be fine. He said Rufe Snow Drive will have to be widened sooner or later and he does not want traffic like the other end of Rufe Snow Drive. Mr. Tice said he would appreciate the Board disapproving this request. George Michero, 6701 Karen Drive, came forward. He said Mr. Grubb made a good point. He said he is proud of their neighborhood. Page 5 Z B A Minutes August 20, 1987 . Mr. Michero said they have a school only a block away and children could easily be hit by a car while walking to and from school. He said he requests the Board deny this request. Rick Rogers, 6637 Meadowridge Court, came forward. He said he is a new resident, he moved here in December. He said he could have bought other places, but he liked the area around Meadow Lakes and liked North Richland Hills. Mr. Rogers said he is afraid if the zoning is granted, it might be uncontrollable. Chairman Roseberry called for anyone else wishing to speak to please come forward. . There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Barfield said he was not for or against this; it is not this Board's responsibility to decide the zoning. He said he felt Dr. Moore should have his day in court. He said the people could come back and state their wishes. He said he feels Dr. Moore deserves the right to his day in court. Mr. Schubert asked what it is zoned for now. Mr. Royston stated it meets the R-l Single Family district. He said they would have to have rear entry garages because the city would not allow them to back out onto Rufe Snow. Mr. Schubert asked what the zoning is to the north of the property. . Mr. Royston stated there is a landscaped area, then the Commercial zoning starts. Page 6 Z B A Minutes August 20, 1987 . . BA 87-9 DENIED ADJOURNMENT . Mr. Grubb said the type building Dr. Moore wants to build would blend in with the neighborhood. He said they might put the zoning off and they might come in later. He said he did not feel this would make a trashy area. Mr. Cypert asked Mr. Royston if there is a problem with access. Mr. Royston said the city would not approve anyone backing out on Rufe Snow Drive. He said they would have to be rear entry garages. Mr. Barfield asked the people to check the deed restrictions. He said they might state there could not be a business there. Chairman Roseberry said deed restrictions takes precedence over the zoning restrictions. He said it could be possible they could get the zoning and still not be able to build. Chairman Roseberry stated it takes 4 concurrent votes to approve a ZBA request. Mr. Grubb said he wants to pass it on to the Planning and Zoning Commission to allow Dr. Moore to have his day in court. Mr. Grubb made a motion to approve BA 87-9 as requested. This motion was seconded by Chairman Roseberry. The motion was denied by a vote of 3-2 with Mr. Grubb, Mr. Schubert, and Chairman Roseberry for and Mr. Hubbard and Mr. Cypert voting against the motion. nt