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HomeMy WebLinkAboutZBA 1987-12-10 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS DECEMBER 10, 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 Jim Kemp Jeff Bunting Richard Royston Wanda Calvert Alt. Members Dir. Planning/Dev. P & Z Coordinator CONSIDERATION OF THE MINUTES OF NOVEMBER 19, 1987 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. Hubbard abstaining since he was not present at the meeting. . 1. BA 87-20 Request of David Tolson to vary from the Zoning Ordinance #1080 on Lot 3, Block 8, Holiday North Addition, to allow an accessory building (playhouse) to be 11~ feet high instead of the required limit of 10 feet high. This property is located at 7612 North Richland Boulevard. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. David Tolson came forward. He said they had complaints from one of his neighbors, the Sharpes, about the playhouse. He said this may not seem important, but the playhouse is very important to the children. . Mr. Tolson said once the children had words with the neighbors, but the children apologized and will not do it again. Mr. Grubb asked if this building is an "A" frame. Page 2 Z B A Minutes December 10, 1987 . Mr. Tolson stated it is an "A" frame. Mr. Bunting stated he went out to see the playhouse and he felt it fell under the height limitations on page 149 of the Zoning Ordinance, Section 24.3.A which states no limitations when not intended for human occupation. Mr. Grubb stated the Ordinance is poorly worded and poorly planned for temporary buildings. He said when you put a roof on a building, it will be at least 1 foot 4 inches too high for the Ordinance. Mr. Grubb asked Mr. Royston when he planned to revise the Ordinance. . Mr. Royston said he has a request from the City Council to revise the Zoning Ordinance and this would be something to be considered. Chairman Roseberry said he could see what Mr. Bunting was talking about. Mr. Royston said this statement was for construction such as a church belfrey. Chairman Roseberry asked Mr. Tolson if there was a door in the back of the playhouse. Mr. Tolson said there was only a window. He said if you cut the 1~ feet off, it would not affect the window. Mr. Tolson said the playhouse is 25 or 30 feet back from the fence. Mr. Schubert asked Mr. Tolson how long he had lived there. Mr. Tolson said 10 years. . Mr. Schubert asked if he did not know he needed a permit. Mr. Tolson said he did not know he needed one. Page 3 Z B A Minutes December 10, 1987 . Mr. Schubert asked him if he built the playhouse or had it built. Mr. Tolson stated he and his brother built it. Chairman Roseberry called for those wishing to speak in opposition to this request to please come forward. Mark Sharpe, 7613 David Court, came forward. He stated he is opposed to this building for several reasons, appearance, privacy, and it does not blend to the area. Mr. Sharpe showed pictures to the Board. Mr. Kemp asked Mr. Sharpe if he had a storage building. Mr. Sharpe said he does have one. . Mr. Grubb asked Mr. Royston if all these buildings in the area conform to the Ordinance. Mr. Royston said he was not sure. Chairman Roseberry stated the Ordinance was passed this summer. Mr. Grubb stated the distance from the fence is very important. Mr. Royston stated when the City gets a complaint, we check it out. Chairman Roseberry asked if the property where the playhouse is located is higher than Mr. Sharpe's property. He said the pictures look like he was looking down. Mr. Sharpe stated the pictures were taken at ground level. . Mr. Schubert asked if it was 11~ feet from the ground. Mr. Tolson said it was. Page 4 Z B A Minutes December 10, 1987 . Chairman Roseberry asked if the City Inspector measured it. Mr. Royston said the inspector did measure it. Mr. Grubb stated if you take 1~ feet off the building, it would not change the structure of the building. Mr. Sharpe said a structure of this type does not enhance the neighborhood. Mr. Grubb said he noticed the building had not been painted. Mr. Tolson stated he has the paint to paint it, but the City Inspector said not to do any more work on it until after this hearing. . Mr. Hubbard asked Mr. Sharpe what would be his solution to the problem. Mr. Sharpe said the building is the problem. He said he did not believe cutting off 1~ feet would help. Mr. Sharpe said he had planted some trees to try to hide the building. Mr. Schubert said the only concern the Board has is the height. He said the building could have been put within 10 feet of the fence, but Mr. Tolson set it back further. Mr. Schubert said the Board could require him to close the back window. Mr. Hubbard stated the Board must determine true hardship. He asked Mr. Sharpe if the window was sealed, would that satisfy him. . Mr. Sharpe said he had talked with Mr. Tolson in July to try to reach an agreement, but he and his wife had to file a complaint. Page 5 Z B A Minutes December 10, 1987 . Mr. Grubb asked Mr. Sharpe if he was against the height or the window. Chairman Roseberry stated the variance request is for the height. He stated the Board has granted this before. Chairman Roseberry said it looks like the real complaint is not the height of the building. Sue Howeth, 7605 David Court, came forward. She stated this is on a cuI de sac and she lives next door. Ms. Howeth said the building stands out like a sore thumb, but she felt the 1~ feet off would help. Mr. Grubb asked Ms. Howeth if she has a storage building. . Ms. Howeth said yes she does have one, but it is located on the side up close to the house. Chairman Roseberry asked Mr. Royston when they plan to change the Ordinance. Mr. Royston stated his reV1S10ns will be heard by the Planning and Zoning Commission in January or February, but by the time it gets through the City Council, it will probably be April. Mr. Schubert asked if you take off the 1~ feet, how many boards will it take off. Mr. Tolson said they are 4 by 8 foot sheets. Mr. Royston said if you take off some, it may harm the structure of the building. Mr. Tolson said he had been told that. . Chairman Roseberry asked Mr. Tolson if the variance is granted, would he make sure the building is painted and trimmed out. Page 6 Z B A Minutes December 10, 1987 . Mr. Tolson stated he planned to. He said it is a very nice building. Mr. Bunting stated it is a very nice building the way it is constructed. Chairman Roseberry closed the Public Hearing. He asked Mrs. Calvert if there had been any correspondence. Mrs. Calvert stated there had been no letters, just some calls. Mr. Grubb made a motion to approve BA 87-20 as is. This motion was seconded by Mr. Cypert. The motion was denied by a vote of 3-2 with Grubb, Cypert, and Roseberry voting for and Hubbard and Schubert voting against. . Chairman Roseberry stated there has to be 4 affirmative votes to pass. Mr. Royston stated the Board can make another motion. BA 87-20 APPROVED Mr. Hubbard made the motion to approve BA 87-20 with the stipulation that the building be finished out and the back window closed permanently. This motion was seconded by Mr. Schubert and the motion carried 5-0. 2. BA 87-21 Request of Dan DaCosta with Sabine Valley Homes to vary from the Zoning Ordinance #1080 on Lot 6, Block 6, Richfield Addition, to allow house to be constructed beyond the side building line and 1.8 feet into the storm drain easement. This property is located at 6721 Hadley Drive. . Dan DaCosta came forward to represent Sabine Valley. He said they have a completed house which is encroached by .3 of a foot and 1.8 feet into the drainage easement. Mr. DaCosta said they had met with the City Public Works officials who found no hazard. Page 7 Z B A Minutes December 10, 1987 · Mr. Royston said the house was layed out with a 6 foot side yard and the city is not worried about the .3 of a foot encroachment, and they exposed the storm drain and found there was no problem. Chairman Roseberry asked if the easement goes all the way through. Mr. Royston said the drainage goes to Chapman Road. He said it is in use now. Mr. Royston stated the VA will not close without an action on the variance. 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. Chairman Roseberry asked Mrs. Calvert if she had received any correspondence. Mrs. Calvert said she had not received any. BA 87-21 APPROVED Mr. Cypert made the motion to approve BA 87-21 as requested. This motion was seconded by Mr. Hubbard and the motion carried 5-0. ADJOURNMENT The meeting adjourned at 7:45 P. M. · t