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HomeMy WebLinkAboutZBA 1987-09-17 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 17, 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 Member Alt. Members Dir. Planning/Dev. P & Z Coordinator Jack Roseberry Billy Cypert Harold Schubert Forrest Grubb David Barfield Richard Royston Wanda Calvert CONSIDERATION OF THE MINUTES OF AUGUST 20, 1987 Mr. Hubbard made the motion to approve the minutes as written. This motion was seconded by Mr. Barfield and the motion carried 5-0. 1. BA 87-12 Request of Steve R. Jones to vary from the Zoning Ordinance #1080 on Lot 1, Block 5, Meadowview Estates Addition, to allow the construction of a wooden fence beyond the building line. This property is located at 8601 Kirk Lane. . Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Steve Jones came forward. He stated he wishes to erect a fence as proposed for several reasons: Utilization of the property; he said he wants to construct a pool; for security reasons and it would increase the real property value and adjacent property. Mr. Jones said it would be for better resale ability. He said the fence would be 21 feet from the north corner and on the southwest corner would be 18 feet from the curb. . Chairman Roseberry asked Mr. Jones if he was aware of the problems of the property when you bought it. Page 2 Z B A Minutes September 17, 1987 . Mr. Jones stated yes, but he was not aware of the building lines. Mr. Schubert asked if Mr. Jones plans to put in a pool. Mr. Jones stated he did and he would have no room around the pool. Chairman Roseberry asked if the pool would be within the building lines. Mr. Jones said it would be. Mr. Schubert said he could not visualize how the house next door would look with your fence there. Mr. Jones showed pictures of the area to the Board. There was a discussion. . Mr. Schubert asked Mr. Jones if he bought the house new. Mr. Jones said he did. Chairman Roseberry said he had a memo from Mr. Royston regarding this matter. Mr. Royston said he just stated this is a unique lot. Chairman Roseberry stated we had received a letter from Victor and Barbara Cassiday, 7624 Northfield Drive. Chairman Roseberry asked if Mr. Cassiday is in 200 feet of the property in question. Mr. Royston stated it was not. . Chairman Roseberry read the letter: "Dear Ms. Calvert: This letter is in reference to the Zoning Board Meeting of September 17 to hear and determine the application of Steve R. Jones to vary from the Zoning Ordinance #1080 on Lot 1, Block 5, Meadowview Estates Addition to allow wooden fence to be constructed beyond the building line. Page 3 Z B A Minutes September 17, 1987 . . Unfortunately, I will be in Chicago on business when this meeting takes place, but want to be sure my objection to this variance be made a part of the Zoning Board's minutes of this meeting. The objection is based on the concern for safety of children and adults at the curve where this fence would be constructed. Also, Mr. Jones was aware of the limitations of his yard when he purchased this home and expanded and roofed his patio enclosing it with lattice pieces. This Zoning change would be for infinity and Mr. Jones' additional comment was I'll be here only a few years while all the individuals currently living on the east side of Northfield north of Kirk intend this to be our final home. If this exception is granted against the wishes of even one person in Meadowview Estates the Zoning Board should uphold the law. As a matter of fact, one fence has already been torn down and moved back because of this ordinance which all the homeowners were aware of when they purchased their existing homes., On the safety issue, the bricked mail box immediately behind Mr. Jones' residence on Northfield has already been knocked down twice by vehicles and we praise the Lord no one was near it as they would have been fatally injured. I apologize for this rambling and my inability to be at this hearing. Please let me know if there is anything else I need to do if this letter does not suffice as an official objection to any Zoning change in Meadowview Estates. My thought is a law was made for a purpose and changing it to suit one person's need is the same as making an exception to DWI law because he/she knew they shouldn't drink and drive, but wanted to do it anyhow so let's make an exception...but everyone else must go by the Law. Thanks for your help and will appreciate having a copy . Page 4 Z B A Minutes September 17, 1987 . of the minutes of this meeting if possible. Sincerely, Victor and Barbara Cassidy, 7624 Northfield Drive, North Richland Hills, TX 76180." Chairman Roseberry asked if there was any other correspondence received. Mrs. Calvert stated there was none. Chairman Roseberry called for those wishing to speak in opposition to this request to please come forward. . Theodore Bentham, 7612 Northfield, came forward. He stated he helped Mr. Jones extend his patio and Mr. Jones knew his limitations. Mr. Bentham said he lives in the second house down from the property in question. He said he is concerned with the safety of school children walking along Northfield. Mr. Bentham said the mailbox had been knocked down. He said a fence would cut off 50% of the sight and he requested that no barriers be allowed to obstruct the view. Mr. Grubb stated there are mail boxes being knocked down allover town. Mr. Bentham stated there were children out in the yard at 1:00 when this happened. . Jerry Taylor, 7608 Northfield Drive, came forward. He said there are three reasons why the Board should not allow this variance: 1. Safety: He said his property and the subject property are located on an "s" curve. He said his brick mailbox has been knocked over twice and a fence would obstruct his view of on coming traffic as he exits onto Northfield Drive from his driveway; 2. Devalue of My Property: He said this fence would certainly take away the appearance of his house and property which would not enhance Page 5 Z B A Minutes September 17, 1987 . . the sale of his property; 3. Variance from the Zoning Ordinance #1080: He said the Zoning Board of Adjustment of the City of North Richland Hills should not vary from the ordinance just to accommodate one property owner unless the Board is willing to do away with Zoning Ordinance #1080 and allow all residents of North Richland Hills to construct fencing beyond the building lines. Mr. Taylor said there is a chain fence located on the property at 8605 Kirk that joined his property. He said this fence runs in front of his house and at the time this fence was constructed, he did not know about the Zoning Ordinance #1080 nor was he notified by the City about this fence; therefore he assumed that the fence was constructed at 8605 Kirk without a permit. He said if he had known about the ordinance, he would have opposed construction of this fence. Chairman Roseberry said the Board is here to hear unique situations. Mr. Royston stated that 8605 Kirk was not in violation. Mr. Taylor said he was told by a City official that any fence extending out in front of another house was in violation. Mr. Barfield said it has been common practice in North Richland Hills , Hurst, and other cities to allow a 15 foot set back instead of 25 feet on the sides. He said if Mr. Jones could live with 15 feet, the Board might could agree to that. Chairman Roseberry stated the sight bothers him. . Mr. Royston said the "s" curve does present a problem, but he would be more concerned if the house next to Mr. Jones had the driveway adjacent to Page 6 Z B A Minutes September 17, 1987 . Mr. Jones, but as he recollects, Mr. Royston said the driveway is on the north side of his property. Mr. Bentham came forward. He said J. B. Sandlin is the builder and asked if he would have anything to do with this. Mr. Bentham also said he would like for Mr. Royston to stand in his driveway and look at the view. Chairman Roseberry closed the Public Hearing. Mr. Hubbard asked if the Board can compromise on this or does it have to be a yes or no. . Chairman Roseberry said the Board can make stipulations. He said the request is for a fence to run 16 feet then southwest 82 feet, then turn south 15 feet, then turn east and run 15 feet. Mr. Barfield asked Mr. Jones, Mr. Bentham, and Mr. Taylor to come forward. There was a discussion where it would be agreeable to put the fence. BA 87-12 POSTPONED Mr. Barfield made the motion to postpone BA 87-12 until the next meeting to allow Mr. Jones and the neighbors to get together and work out a solution. This motion was seconded by Mr. Hubbard. Mr. Taylor said he might be called out of town and not be able to be at the next meeting and what would be his recourse. Chairman Roseberry stated he could send a letter. . Mr. Royston said if there is a negotiation, it needs to be in writing. Mr. Royston said the this will be heard on the third Thursday in October. Page 7 Z B A Minutes September 17, 1987 . The motion carried 5-0. 2. BA 87-13 Request of H. Grady Payne, III to vary from the Zoning Ordinance #1080 on Lot 9, Block 1, Fair Oaks Addition, to allow the construction of an accessory building which is beyond the 10 foot height requirement. This property is located at 7933 Hunter Lane. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Grady Payne came forward. He said the building is already up. He said he had been building for many years and did not know of the revision to the ordinance. Mr. Payne said this is a 14 foot out building with aluminum windows and steel doors and matches the house. He said if they had to cut it off, it would look bad. He said there is a large lot in the back with lots of trees and the foundation of the building is lower than the floor of the house. Mr. Payne said there would be a 6 foot fence around the house. Chairman Roseberry asked if the height was 10 feet for the total height or plus the roof. Mr. Royston said they had interpreted it as total height. Mr. Payne said if he had to change it, it could be an eye sore. Mr. Schubert asked if this is a permanent building. Mr. Payne said it was. . Mr. Schubert asked Mr. Payne if he got a building permit. Mr. Payne said it was on the house plans. Page 8 Z B A Minutes September 17, 1987 . Mr. Royston stated it was okay until they put the roof on. Chairman Roseberry said this might not be the intent of the ordinance. Mr. Royston said the City does not want multi-story out buildings. Chairman Roseberry 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. BA 87-13 APPROVED Mr. Schubert made the motion to approve BA 87-13 as requested. This motion was seconded by Mr. Hubbard. . Chairman Roseberry asked how high was the walls. Mr. Payne said 8 feet. Mr. Cypert asked what the height of the gable. Mr. Payne said 12 feet. The motion carried 5-0. 3. BA 87-14 Request of Richman/American to vary from the Zoning Ordinance #1080 on Lots 5, 6, & 7, Block 92, Foster Village Addition, to allow a 36" high fence to be beyond the front building line. This property is located at 7654, 7658, and 7662 Cypress Court. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Robert Milam came forward to represent Richman/American. He said they request to be allowed to have a temporary fence 36" high for their model homes to control people coming Page 9 Z B A Minutes September 17, 1987 . into their model homes. He said the fence would be 36" high with 6" steel pickets. Chairman Roseberry stated the fence would have to come down one week after the house is sold. Mr. Royston said he just mentioned a time frame. He said the fence should come down when the house ceases to be a model home. Mr. Milam said they do not have Certificate of Occupancies on them. Mr. Royston said the City does not give a final on the house until the fence is taken down and a driveway is put in. . Mr. Schubert said when you sell the house, you would take the fence down. Mr. Milam said that is correct. Chairman Roseberry 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. BA 87-14 APPROVED Mr. Barfield made the motion to approve BA 87-14 as presented. This motion was seconded by Mr. Hubbard and the motion carried 5-0. Mr. Barfield said this type request has come up several times in the past. He asked if the Board could request to the City Council that this be a Staff function. . Mr. Royston said it would need to be directed to the Planning and Zoning Commission. Page 10 Z B A Minutes September 17, 1987 . Mr. Barfield said he would like to request this be looked into and made a Staff function. Mr. Grubb said it a requirement in the Zoning Ordinance. Mr. Royston said it could be an amendment to the Zoning Ordinance that a temporary fence could be handled by the City Staff, but he had rather not have permanent fences or entrances to subdivisions to be a Staff function. 4. BA 87-15 Request of Sabine Valley Industries to vary from the Zoning Ordinance 81080 on Lots 1 & 2, Block 6, Richfield Addition, to allow a 30" high fence to be beyond the front building line. This property is located at the southwest corner of Megan Lane and Hadley Drive. . Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Don Sumrall came forward to represent Sabine Valley. He said Lot 1 is vacant and Lot 2 has a model on it. He said this is a split rail fence 30" high. He said you can see through it. Mr. Sumrall said the fence is already up. He said a piece of the fence goes across the driveway into the yard. He said Lot 1 is a corner lot. Mr. Royston said both lots back up to Chapman Road and there is a fence behind them. Mr. Sumrall said Lot 1 would be all grass. Mr. Schubert asked if it is a temporary fence. . Chairman Roseberry said it is the same situation as the previous one. Page 11 Z B A Minutes September 17, 1987 . Mr. Sumrall said they do not plan to put a house on Lot 1. Mr. Schubert asked why the odd shape. Mr. Sumrall said it was the landscaper's idea; you can see this white fence when you come into the subdivision. Chairman Roseberry called for those wishing to speak in opposition to this request to please come forward. Charles Matthys, 6712 Hadley Drive, came forward. He said he lives down the street from the model home. He said it violates the Zoning Ordinance and the Sabine Valley deed restrictions. . Chairman Roseberry stated the Board does not enforce deed restrictions. Mr. Matthys read the deed restrictions regarding fencing. Mr. Matthys said he is against the fence and the landscaping is not beautiful. He said the funny shape gives a bad appearance and does not motivate people to go into one door. Mr. Matthys said it is not ascetic. Mr. Grubb said this would be a temporary fence if allowed. Mr. Matthys said it does violate the ordinance. Mr. Grubb said it is only temporary and does not violate the Zoning Ordinance. . Mr. Hubbard said he differs with Mr. Grubb, it does violate the Ordinance because it goes beyond the building line. . . . Page 12 Z B A Minutes September 17, 1987 Mr. Matthys said that is why they came to the Board. Mr. Grubb said they may change the ordinance. Mr. Matthys said if it don't violate the ordinance, why are they here. Mr. Grubb said it violates the ordinance. Mr. Matthys said the builder did not get a permit for the fence and that doesn't speak well of him. Chairman Roseberry said they do usually try to direct traffic to the office. Mr. Barfield said Mr. Matthys should check to see if the deed restrictions have been lifted or changed. Chairman Roseberry asked Mr. Matthys how far he lives from this property. Mr. Matthys said he lives four houses down. Mr. Schubert asked how many houses have been built. Mr. Matthys said he was not sure. He said there are two sections, they have two entrances. He said they do not plan to build on Lots 1 and 3 and this fence does not control traffic, they can go in any door of the house. Barbara Windish, 6708 Magan Lane, came forward. She said her house is the third lot and she has to look right at the model. She said you can walk in the front door or the back door; it does not force you into the office. Ms. Windish said they had three models previously, but had no fences. She said it has taken three years to build one side of the subdivision; there is no telling how long it will take to Page 13 Z B A Minutes September 17, 1987 . sell the other side. Ms. Windish said the fence is an eye sore. She said if it was a security type fence she would not mind. Ms. Windish said this split rail does not keep the people from going into any door of the house. Chairman Roseberry asked Mr. Sumrall to come forward. He asked what they want to accomplish and asked him to show where the fence is. Mr. Sumrall showed the Board where the fence is located. Chairman Roseberry asked Mr. Royston if he had seen the property. Mr. Royston said he had not. Chairman Roseberry closed the Public Hearing. . Mr. Barfield said since he is a builder, he understands the problem. He said he has 14 houses in a subdivision and they try everything to get the people in. He said he thinks the builder should be given a chance. Mr. Barfield said the market is tough. He said he would be in favor of allowing the fence for a year or 18 months. Chairman Roseberry said he feels the builder should realize he needs good P.R. He said you need to keep peace with the neighbors. Chairman Roseberry said it seems the fence is very atrocious. He said he did not see the need to have it on a lot with no model. He said it seems unattractive and a back drop for a sign. Chairman Roseberry said he felt it could have been done better. . Mr. Hubbard asked if the Board declines this request, does the fence have to be torn down. Page 14 Z B A Minutes September 17, 1987 . Mr. Royston said it would. He said this is the Board's option, your authority to do as you desire. Chairman Roseberry asked Mr. Sumrall if he has authority to speak for Sabine Valley. Mr. Sumrall said he does. Chairman Roseberry said if they would take if off Lot 1 and take in the back door of the model he would feel better. Mr. Sumrall said they had a 6 foot fence on the other models and they still had stuff stolen out of them. . Chairman Roseberry said he would like to grant some of what they are asking and also please the neighbors. Ms. Windish said there are about 6 families who have to look at this fence. She said we want those lots sold, but the fence does not serve the purpose. She said she would like for them to make the fence for protection and direct the people through the office. Ms. Windish said all the doors are open for the people to go in any of them. She said the neighbors are not in objection to having a temporary fence, but this one is an eye sore. Chairman Roseberry said the Board could grant the fence on Lot 2 and deny it on Lot 1. He said it would have to stay within the building lines. . Mr. Matthys said this fence doesn't match anything; it does not look like any in the subdivision. He said it is painted white and stands out an eye sore. He said it does not serve any purpose. Page 15 Z B A Minutes September 17, 1987 . . BA 87-15 POSTPONED ADJOURNMENT Mr. Schubert said he assumed a professional came in and this is what he came up with. He asked if it is fenced on Chapman Road. Mr. Royston said the entire subdivision is fenced along Chapman Road with a brick pilaster fence. Mr. Barfield said beauty is in the eye of the beholder and he would like to help the builder try to sell his houses. He said he would suggest the builder get with the neighbors and come back with something this Board could approve. Mr. Matthys asked if the builder has to get a permit. Mr. Royston said he did not get a permit, but it is stopped until the Board makes a decision. Chairman Roseberry said to get the Homeowners Association together and agree on something. Mr. Barfield made the motion to postpone BA 87-15 until the next meeting. This motion was seconded by Mr. Hubbard and the motion carried 5-0. The meeting adjourned at 8:30 P. M. . djustment