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HomeMy WebLinkAboutZBA 1987-10-15 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 15, 1987 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Jack Roseberry, at 7:05 P.M. OATH OF OFFICE New Alternate Members Jim Kemp and Jeff Bunting took the Oath of Office. ROLL CALL PRESENT: Chairman Secretary Members Alt. Members Jack Roseberry Billy Cypert Harold Schubert Ron Hubbard Forrest Grubb Jim Kemp Jeff Bunting Ken Miller Wanda Calvert Code Enforcement Ofc. P & Z Coordinator CONSIDERATION OF THE MINUTES OF SEPTEMBER 17, 1987 Mr. Cypert made the motion to approve the minutes as written. This motion was seconded by Mr. Hubbard 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. This request was postponed at the last meeting. Chairman Roseberry called for Mr. Jones to come forward. Steve Jones came forward. He said he and his neighbors have reached a decision on where to put his fence. He stated that he had sent Mrs. Calvert a letter with the measurements. . Chairman Roseberry read the measurements. He called for the neighbors to come forward. Page 2 Z B A Minutes October 15, 1987 . Patricia Taylor, 7608 Northfield Drive, and Theodore Bentham, 7612 Northfield Drive, came forward. There was a discussion with Mr. Jones, the two neighbors, and the Board regarding where Mr. Jones could put his fence. Ms. Taylor submitted a drawing that she and Mr. Bentham had agreed on. Mr. Jones also presented a drawing. Ms. Taylor said she had rather it would read 30 feet from the light pole. Chairman Roseberry asked Mr. Miller if he saw any problem in the place they want to put the fence. . Mr. Miller said he did not see any problem. BA 87-12 APPROVED Mr. Grubb made the motion to approve BA 76-12 as agreed on by the neighbors and using the drawing submitted. Mr. Hubbard asked what about the part that was to be 8 feet high. Ms. Taylor stated that was not necessary now. The motion was seconded by Mr. Hubbard and the motion carried 5-0. Chairman Roseberry requested that all concerned sign the drawing and give it to Mrs. Calvert. 2. BA 87-15 Request of Sabine Valley Industries to vary from the Zoning Ordinance #1080 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. This request was postponed at the last meeting. . Page 3 Z B A Minutes October 15, 1987 . Eddie Briscoe with Sabine Valley came forward. He said they contacted the neighbors and the only change was they agreed to change the color of the fence from white to gray. Chairman Roseberry asked if the neighbors agreed to this. Mr. Briscoe said they did. He said they did not understand how Sabine Valley had it fixed to direct traffic to the model home, but they do now. Chairman Roseberry said the neighbors sure had objections when this request was heard last month. He asked if there were any of the neighbors present tonight. There were no neighbors present. . Chairman Roseberry said if they had objections, they should have come to the meeting. Mr. Hubbard said if approved, should the Board put a date on how long they can have the fence. Chairman Roseberry said yes they should. He said the fence should be taken down prior to getting a certificate of occupancy. Mr. Briscoe said they plan for the fence to be only temporary. Mr. Miller said they will not get a final inspection on the house until all ordinances are complied with. BA 87-15 APPROVED Mr. Hubbard made the motion to approve BA 87-15 with the addition the fence will be painted gray and the fence will be taken down prior to receiving a final inspection. . This motion was seconded by Mr. Grubb and the motion carried 5-0. Page 4 Z B A Minutes October 15, 1987 . Patricia Taylor came forward. She stated she is unhappy with the decision of the Board on BA 87-12. She said the drawing that Mr. Jones submitted is not what they agreed to; his measurements are different from her drawing. Chairman Roseberry stated that the Board had made their decision. He said she should have noticed the difference before the Board approved it and before Mr. Jones left. Ms. Taylor said she and Mr. Bentham would not sign the drawing because it was not what they agreed to. 3. BA 87-16 Request of Cathy Lenz to vary from the Zoning Ordinance #1080 on Lot 12, Block 2, Emerald Hills Addition, to allow an accessory building to be 14 feet in height instead of the 10 foot maximum requirement. This property is located at 5504 Emerald Court. . Cathy Lenz came forward. She showed the Board pictures of her partially built building. Chairman Roseberry asked how large the building was. Ms. Lenz said it is 10 by 20 feet. Chairman Roseberry stated if it is 200 square feet it would have to be brick. Ms. Lenz said Mr. Royston had stated that she was legal except for the height. Mr. Grubb asked if this is a permanent building. Ms. Lenz said it is. . Mr. Schubert asked if she was having a builder build it. Page 5 Z B A Minutes October 15, 1987 . Ms. Lenz said they are building it themselves. Mr. Schubert asked how she knew she needed a variance. Ms. Lenz said she got a red tag. Ms. Lenz gave Chairman Roseberry a petition from the neighbors who are in favor of her having this building. Mr. Miller stated that if they had taken out a permit, they would have had to have a stake-out inspection to make sure it is 6 feet off the side property line and 10 feet off the back property line or 5 feet off an easement. . Ms. Lenz asked why they had to have the extra 5 feet more than the easement. Mr. Schubert said it was to allow large equipment to have enough area to work. Mr. Schubert asked how near complete is your building. Ms. Lenz said it is only partially done as shown in the pictures. Mr. Hubbard asked how long had her neighbor had his building. Ms. Lenz said approximately 9 months. Chairman called for those wishing to speak in favor of this request to please come forward. . Joseph McSwain, 5500 Emerald Court, came forward. He said he is in favor of this request. He said it is vary well designed. Mr. McSwain said he has also been red tagged and will be coming before the Board soon. Page 6 Z B A Minutes October 15, 1987 . Mr. McSwain said as long as her building is attractive, he felt it would not deter from the value of his property. Chairman Roseberry stated that the ordinance is for a reason. He said he remembers several years ago a person built a barn in his back yard that ended up being two story and 2,000 square feet, and it really caused problems. Chairman Roseberry said there is a purpose in the ordinance; it is to protect the neighbors. . Richard Smith, 5501 Emerald Court, came forward. He said he called the city to get information to build him one. He said they informed him there was no restriction as to where to put the building so he informed Ms. Lenz as to what he found out. He said the height of the building was not mentioned. Chairman Roseberry said it is the property owner's responsibility to go to the city and find out the restrictions. Mr. Grubb said he was informed by the Assistant City Manager that there would be hand outs about restrictions given out. Mrs. Calvert stated they do have the handouts that are given to the customer when he takes out a permit. Mr. Smith said he did not feel Ms. Lenz building would affect his property value and he is in favor of it. . Robert Reames, 5509 Galway, came forward. He said Ms. Lenz lives directly behind him and he sees no problem with the building. He said he has lived there 16 years. Page 7 Z B A Minutes October 15, 1987 . 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 87-16 APPROVED Mr. Schubert made the motion to approve BA 87-16 as requested. This motion was seconded by Mr. Hubbard and the motion carried 5-0. 4. BA 87-17 Request of Lewis Chadwick to vary from the Zoning Ordinance 81080 on Lot 4R and a portion of Lot 5R, Block 1, Richland Oaks Addition, to allow a boat port to be beyond the front building line. This property is located at 8320 Dude Court. . Lewis Chadwick came forward. He said this car port or boat port is already built on the property. He said it is 10 feet from the curb. Mrs. Calvert stated that Mr. Royston went out and found it is not only beyond the building line, but is also on the city right-of-way. She said the Board has the right to grant a variance to the building line but not to the city right-of-way; he will have to move it off the city's property. Mr. Chadwick said the slab was already there when he bought the house. He said it is off the main street on a court and he requests a variance to allow it to stay where it is. Chairman Roseberry said the Board can not do that. . Mr. Chadwick said he bought this house from Mrs. Byrd who said the city wanted to deed the court to her. He said Ms. Byrd talked to Mr. Riddle with the city. Page 8 Z B A Minutes October 15, 1987 . Mr. Grubb said the city can't deed it to you; they can't give land away. Mr. Hubbard said he went out and looked at the property and saw that Mr. Chadwick had a "For Sale" sign on the boat. He asked Mr. Chadwick if he plans to sell the boat. Mr. Chadwick said he might. He said he did not realize he could not get a variance. Chairman Roseberry said the Board does not have the authority to grant a variance on city property. Mr. Chadwick said he would then request a variance to build on the property line. . Chairman Roseberry said when the Board grants these, they become a continuing problem. He said this boat port sticks a way out there. He said this Board has turned down several requests like this one. Mr. Chadwick said it has been there 4 or 5 months and the only person using the court is Mr. Wiley who is here tonight. He said the court is only used for us and our relatives and friends. Chairman Roseberry said Mr. Chadwick is going to have to move it and it is up to the Board to tell him where he can put it. Mr. Grubb asked about Mr. Riddle. Mr. Chadwick said he bought the house from the Byrds. He said he called Ms. Byrd who said Mr. Riddle with the city offered to give them this street. . Chairman Roseberry said he understands there is a State Law which prohibits a city from doing that, the land has to be sold. Page 9 Z B A Minutes October 15, 1987 . Mr. Cypert asked how far the boat port protrudes. Mr. Miller said 6 to 8 feet. Chairman Roseberry said Mr. Chadwick will have to move it. He asked Mr. Chadwick if he plans to sell his boat. Mr. Chadwick said he got so disgusted about all this, he thought he would, but he would like to keep it and the boat port. Chairman Roseberry said the Board used to give temporary variances and put a time limit on them. . Mr. Chadwick said he would like this variance to be permanent. He said there are only two people using the court and it is not on a main street and would not be a burden to anyone. Mr. Grubb asked if Mr. Chadwick got a permit and who built the boat port. Mr. Chadwick said he did not get a permit. He said there is plenty of room. He said if he can not get a variance where it is, he said he would need a variance to the property line. Mr. Schubert asked how far does he need to go back. Chairman Roseberry said it needs to go back 9~ feet plus 25 feet to the building line. Mr. Cypert said the Board could grant a variance for it to be beyond the building line. . Mr. Chadwick stated he does not feel he is within the city right-of-way. He said he measured it and it was 112 inches from the grass; 10 feet from the grass. Mr. Chadwick said it is not an ugly car port; it is painted to match the house. Page 10 Z B A Minutes October 15, 1987 . Chairman Roseberry said he felt it is not in the best interest of the city to grant a variance on this. He said it is not a house; it could be moved; it would only cost for more concrete to move it and he may sell his boat anyway. Mr. Chadwick said there are two reasons why he feels he should have the variance: the main reason, he does not feel that anyone objects to it and 2, the cuI de sac is not his but he and his wife maintain it as if it was their own yard. Mr. Chadwick said he feels he has justification in requesting this variance. He said he could tear it down if he decides to sell the property. Mr. Schubert said the mortgage would not go through without a variance. . Mr. Kemp said 112 inches from the curb is not 10 feet. Mr. Chadwick said he meant 120 inches. Chairman Roseberry said it has to set back farther on a cuI de sac. He asked what the side was. Mrs. Calvert said this boat port sets on a lot by itself. She said Mr. Chadwick has 1~ lots; the house sets on one lot and the boat port sets on the half lot. Mr. Grubb asked how far would he have to move it to make it legal. Mr. Chadwick said he would have to pour another slab. Mr. Grubb asked if he could cut it off some. . Mr. Chadwick said the legs are in concrete, but he could move the two front legs. . . . Page 11 Z B A Minutes October 15, 1987 Chairman Roseberry said that would not correct the overhang. Chairman Roseberry called for those wishing to speak in favor of this request to please come forward. Don Wiley, 5116 Jennings Drive, came forward. He said he lives across the court and he has no problem with it. He said it does not bother him the way it stands. Mr. Wiley said there are two pecan trees between him and the boat port. He requested the Board grant the variance and let it stay where it is. Jim Kemp had to leave at 8:25 P. M. Mr. Schubert asked if he would have to get a building permit and would it require him to be behind the building line. Chairman Roseberry said yes. Mr. Hubbard said assuming it is on city property, he will have to build 35 feet back. Chairman Roseberry said that is correct unless the Board grants a variance. Mr. Hubbard said it is the nicest looking car port he has seen since being on this Board. He said while he was there, there were no cars came by. Mr. Hubbard said he feels this is an unusual hardship. Mr. Cypert asked Mr. Chadwick if he felt he could move out of the city right-of-way; would he be able to move the front part. Mr. Chadwick said he would have to cut the six legs off and move it. Page 12 Z B A Minutes October 15, 1987 . BA 87-17 APPROVED ADJOURNMENT . . Mr. Cypert asked if he could shorten it by two feet. Mr. Chadwick said he couldn't but he could get a bid and see if it could be done. Mr. Hubbard made the motion to approve BA 87-17 on the assumption that it not be beyond the property line. This motion was seconded by Mr. Schubert and the motion carried 4-1 with Chairman Roseberry voting against. The meeting