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HomeMy WebLinkAboutZBA 1986-04-17 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 17, 1986 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Jack Roseberry, at 7:05 P.M. ROLL CALL PRESENT: Chairman Members Alt. Members Jack Roseberry Harold Schubert Hans Kossler Bill Fenimore Ron Hubbard Forrest Grubb Richard Royston Wanda Calvert Dir. Planning & Dev. P & Z Coordinator ABSENT: Billy Cypert CONSIDERATION OF THE MINUTES OF FEBRUARY 20, 1986 Mr. Schubert made the motion to approve the minutes as written. This motion was seconded by Mr. Hubbard and the motion carried 3-0 with the following vote recorded: Schubert, yea, Hubbard, yea, Roseberry, yea. Kossler, Fenimore, & Grubb abstained since they were not present at the meeting. . CONSIDERATION OF THE MINUTES OF MARCH 20, 1986 Mr. Hubbard made the motion to approve the minutes as written. This motion was seconded by Mr. Grubb and the motion carried 4-0 with the following vote recorded: Hubbard, yea, Grubb, yea, Roseberry, yea, and Kossler, yea. Fenimore and Schubert abstained since they were not present at the meeting. Chairman Roseberry stated they would hear item #2 first since Mr. Davis has another appointment. 2. BA 86-5 Request of C. Richard Davis, Jr. to vary from the Zoning Ordinance #1080, Section VII, 7.5, 7.5.1, on the south 215 feet of Tract 25, M. Lynch Survey, Abstract 953, to allow an application for a zoning change to R-4-SD . Page 2 Z B A Minutes April 17, 1986 . (Separate Ownership Duplex) on 77/100 acre of land in lieu of the required minimum of 1 acre. This property is located at the northwest corner of Harmonson Road and Honey Lane. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Mr. Davis came forward. He stated he has this property under contract from Mr. Parker who lives in Grapevine and has owned this property since 1978. Mr. Davis stated that along Honey Lane there were rent houses, but the street has been redone. He said this was a vacant lot. Mr. Davis stated he has 77/100 of an acre, but the Zoning Ordinance requires 1 acre in order to ask for a zoning change. He stated he plans to make 3 duplex lots, two facing Harmonson Road and one facing Honey Lane. Mr. Davis stated the present zoning is R-3 Single Family, but he does not see building R-3 homes in this area. He said the property to the west is zoned R-8. Mr. Davis stated he plans to build one of the duplexes for his Mother so she would be close to him and for security reasons. He said they would have single car garages with a 6 foot fence. Mr. Davis stated one of his neighbors might buy one of the duplexes. Mr. Grubb said the lots were 145 feet deep, but how wide were they. Mr. Davis said they were 80 feet, 40 feet per side. Mr. Grubb stated the lots look small to him. . Mr. Davis stated he could face all three duplexes on Honey Lane. Page 3 Z B A Minutes April 17, 1986 . Mr. Hubbard asked if Mr. Davis owned the property. Mr. Davis stated he did not, but he was on contract to purchase it if he gets his variance and the zoning. He said the owner does not need the property; he has to pay the taxes and keep it mowed. Mr. Fenimore stated there were goats across the street from this property. Mr. Schubert asked if they would all be similar. Mr. Davis said he had seen some he likes in Eden Addition. He said he does not wish them to be alike and look like rental property. . Chairman Roseberry stated the Board is to consider only the variance request. 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 there had been any correspondence. Mrs. Calvert stated there had been none. Mr. Schubert asked if the neighbors had been contacted. Mrs. Calvert stated she notified everyone within 200 feet of the property. . Mr. Hubbard stated the area looks like a redevelopment area. He said there are rent houses to the north. He said he felt they would be setting a precedence. Page 4 Z B A minutes April 17, 1986 . Mr. Grubbs stated he felt it would be good for the area. He stated he is building a 3000 square foot duplex which will add to the neighborhood. Mr. Hubbard stated that some duplexes do not keep up their lawns. Mr. Royston stated the Planning and Zoning Commission had rejected three requests for Commercial Zoning in this area. He said they felt the area was not suited for Commercial. BA 86-5 APPROVED Mr. Grubb made the motion to approve BA 86-5 as requested. This motion was seconded by Mr. Fenimore and the motion carried 5-0. 1. BA 86-4 Request of Marty Boatman with Contents, Inc. to vary from the Zoning Ordinance #1080 on Lot 12, Block 27, Fox Hollow Addition, to be allowed to build a duplex with 1,728 square feet of living area instead of the required 2,000 square feet of living area in R-5-D (Duplex) zoning. This property is located at 7608 & 7610 Connie Court. . Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Darcy Boatman, Hurst, Texas, came forward. He stated that Growth Investors built the duplex and then Hurst Lumber company bought them when Growth Investors went under. Mr. Boatman stated there could be no economic sense to add 280 feet to make the 2,000 square feet living area. He stated Hurst Lumber bought it from Growth Investors not knowing there was a problem and they are just trying to recoup some of their money. . Page 5 Z B A Minutes April 17, 1986 . Mr. Royston stated the slab and framing do not meet the plans that were approved. Mr. Fenimore asked if they got a green tag on the slab. Mr. Royston stated they got a green tag, which was in error, but when the framing started, the inspector found out it did not meet the plans. Mr. Fenimore said he could not see how we could hold them up on going ahead and building. He said all they would have to do is take us to court. Mr. Royston stated there was another problem. He said they had no place to put the covered parking or driveway. . Mr. Fenimore asked how they got a building permit if the lot was too small. Mr. Royston stated the plan that was approved was a two-story duplex. Mr. Fenimore stated no one can tell the difference in the size from the street. Mr. Grubb said if this Board allows this, they will have them setting everywhere. Mr. Kossler said the Board was supposed to consider each request individually. He asked Mr. Royston about his memo. Mr. Royston said the builder was asked to explore all options in correcting the problem. He said he suggested changing the slab, but he had not looked into the plumbing. . Mr. Fenimore said if the Board don't approve the variance, they can expect to go to court. Page 6 Z B A Minutes April 17, 1986 . Mr. Grubb asked if there were two bedrooms and one bath on each side. Mr. Boatman stated there were. Mr. Grubb said it looked very small. Mr. Royston stated the Board has already approved one duplex that was already built. Chairman Roseberry said the only way to check and make sure this does not happen would be for the inspector to have a set of plans with him. Mr. Royston stated that now the builders are being required to have a set of plans on the job . Mr. Fenimore said that Darcy Boatman was building 30 duplexes now and felt sure Mr. Boatman would work with the city, but if they don't work with him, he will sue. Mr. Royston asked the Board to consider item #5 in his memo regarding the need for parking spaces. Mr. Fenimore asked Mr. Boatman if he had tried to get the required parking. Mr. Boatman said it backs up to the side of a creek, but he felt he would be able to get the parking on one side and maybe on both sides. Mr. Boatman and Mr. Royston looked at the site plan and found it was not the right one. Mr. Royston said this may be an invalid case if the legal description is wrong. RECESS Chairman Roseberry called a recess at 7:45 P. M. so Mr. Royston could check the plat to see if the legal description is correct. . Page 7 Z B A Minutes April 17, 1986 . BACK TO ORDER The meeting was called back to order by the Chairman with the same members present. Mr. Royston stated the legal description and the address are correct, only the plot plan is in error. Chairman Roseberry said if this variance is granted and they cannot meet the parking, they will have to come back before this Board for another variance. Mr. Royston stated that was correct. . Richard Laxton, General Manager of Hurst Lumber Company, came forward. He stated this duplex is in the roof sheathing stage and it would be a financial hardship if they do not get this variance. He said they have $45,000 invested in the building and the lot and asked the Board's indulgence in the matter. 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 if there had been any correspondence. Mrs. Calvert stated there had been none. BA 86-4 APPROVED Mr. Fenimore made the motion to approve BA 86-4 as requested. This motion was seconded by Mr. Kossler and the motion carried 5-0 with the following vote recorded: Fenimore, yea, Kossler, yea, Roseberry, yea, Schubert, yea, and Grubb, yea. . justment ADJOURNMENT M.