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HomeMy WebLinkAboutZBA 1986-05-05 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, MAY 15, 1986 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Jack Roseberry, at 7:04 P.M. ROLL CALL PRESENT: Chairman Secretary Member Alt. Member Dir. Planning/Dev. P & Z Coordinator Jack Roseberry Billy Cypert Harold Schubert Forrest Grubb Richard Royston Wanda Calvert ABSENT: Hans Kossler Bill Fenimore Ron Hubbard CONSIDERATION OF THE MINUTES OF APRIL 17, 1986 Mr. Schubert made the motion to approve the minutes as written. This motion was seconded by Mr. Grubb and the motion carried 3-0 with Mr. Cypert abstaining since he was not present at the meeting. . Chairman Roseberry stated that since there are only 4 members present, they will all have to vote affirmative in order to approve a request. 1. BA 86-6 Request of Charles R. Winder with the Winder Corporation to vary from the Zoning Ordinance #1080 on Lots I-A & 19-B, Block 1, and Lots l-A-R & 10-B-R Block 2, Glenview Park Addition, to allow the installation of a fence beyond the building line along Glenview Drive. This property is located on the south side of Glenview Drive, west of Jackie Lee Street. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. . Page 2 Z B A Minutes May 15, 1986 . Mr. Winder came forward. He said he wanted this variance for two reasons: 1. To improve the aesthetic and 2. For safety from burglars. Mr. Winder stated the burglars could trap themselves and not have a way out except for the two entrances. He said it would set back 19 feet 6 inches, but there would be no obstruction of traffic. Mr. Winder stated they have dedicated 5 feet for future street widening, but would have another 15 feet before the fence starts. He stated the fence would be of concrete posts with wrought iron. Mr. Schubert asked where the fence would be. . Mr. Winder stated it would be across the front along Glenview Drive and then they plan to build a 6 foot fence around the property. He said they plan to put in Spinks Burglar alarms. Mr. Winder stated the fence could serve as a barrier to slow speeding traffic. Chairman Roseberry asked if the duplex units would be sold or leased. Mr. Winder stated some will be sold and some will be owned by him. Chairman Roseberry asked if there was an ordinance regarding the structure of these fences. He said they begin to tilt and look bad after a few years. Mr. Royston stated there is no building code for building a fence. . Chairman Roseberry asked if they could get some kind of control. Mr. Royston stated the Board could assign minimum controls. Page 3 Z B A Minutes May 15, 1986 . Mr. Winder said he contacted Delbert Stembridge, Engineer, on what kind of footing he needed. He said they would have a 2 foot by 2 foot foundation put 2 feet below the surface. Mr. Schubert asked how close the fence would be to Chapel Park and Garden Park. Mr. Winder said 9 feet 6 inches. He said the fence would be 19 feet 6 inches from the curb on Glenview Drive. Mr. Royston stated the city will look at the view at a 45 degree angle. Mr. Winder stated he already has some of the columns up. . 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 86-6 APPROVED Mr. Grubb made the motion to approve BA 86-6 with the stipulation that it be built with the guidelines of the City. This motion was seconded by Mr. Schubert and the motion carried 4-0 with the following vote recorded: Grubb, yea, Schubert, yea, Roseberry, yea, and Cypert, yea. 2. BA 86-7 Request of Steven & Cynthia Harding to vary from the Zoning Ordinance #1080 on Lot 14, Block 6, Meadowview Estates to allow the installation of a fence beyond the building line. This property is located at 8620 Terrell Drive. . Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. ~ Page 4 Z B A Minutes May 15, 1986 . Mr. Harding came forward. He said he needs a variance from the City building line. He said he has two small children that need a back yard to play in. He said this is a pie shaped lot and he would have no back yard if the fence were put on the building line. Mr. Schubert asked what the distance was from the street. Mr. Harding stated it was 11 feet from the curb. He said there are several fences erected in North Richland Hills that are from 5 feet on up from the curb. Mr. Harding said if he went by the code, he would have no back yard at all. . Chairman Roseberry stated the Board had been given a copy of the Deed Restrictions, but the Board has nothing to do with them. He said they do not inforce deed restrictions. Mr. Harding stated the City Staff advised him what he should do. Mrs. Harding came forward. She stated they did not know until last week that there were deed restrictions against putting up a fence beyond the building line. She said Mr. Parish, builder, informed them of this. Mr. Grubb asked Mr. Royston about this. Mr. Royston stated the Board has a copy of a memo from the City Attorney stating the Board may grant this variance, but Mr. & Mrs. Harding would be liable for court action from their neighbors. . Mr. Grubb said since this is a corner lot, what about the view. ~ Page 5 Z B A Minutes May 15, 1986 . Mrs. Harding stated it is not a square lot, but did not feel it would cause a problem. Mr. Cypert asked how large is the back yard Mr. Harding stated it is 15 to 19 feet. Mr. Schubert stated he could see the need for the fence. Mrs. Harding asked if Mr. Parish called saying he did not oppose this request. Mrs. Calvert stated he did. Mr. Cypert asked if the house next to them was occupied. . Mrs. Harding said it was not and it was owned by Mr. Parish. Chairman Roseberry said if the Board granted this variance, Mr. and Mrs. Harding could still be open for a suit on deed restrictions. Chairman Roseberry called for those wishing to speak in opposition to this request to please come forward. Joy Funicello, 7700 Hunt Drive, came forward. She stated this house is across the street from her. She said this fence would block the view. She said the fence would be further out than the side streets. Ms. Funicello said when she put in her fence, they had a 15 foot side building line. She said she would like to see something worked out with Mr. & Mrs. Harding. Mr. Grubb asked Ms. Funicello if she would agree to 15 foot. . Ms. Funicell0 said she might agree, she was not sure. Page 6 Z B A Minutes May 15, 1986 . Chairman Roseberry said it should be 9~ feet plus the IS feet. Ms. Funicello said she felt they should enforce the deed restrictions. She said she felt the Hardings had been misled. She said the city would not give them a variance to keep the 200 year old oak trees. She said the old trees are gone now. Mrs. Harding said the builder stated he could not save the trees. . Mr. Funicello came forward. He said some do not abide by the IS foot building line in the subdivision, but some do not obstruct the view but this one would. He said this makes for a bad neighborhood. Mr. Funicello stated the Hardings are fine people, but he feels they should go by the code. Mr. Grubb asked if Mr. Funicello had a remedy. Mr. Funicello said they should start at the building line, set back 10 or 12 feet and angle to the building line. He said the Board could not visualize it setting here. Jane Webber, 7637 Hunt, came forward. She stated she lives two doors down. She said if they put a fence where the posts are, it would greatly obstruct her view of the park. She said the house next door has been on the market for sale for over a year. She said she felt this odd shaped lot was the reason. Ms. Webber said the Harding's house was beautiful, but not the lot. She said she did not wish to jeopardize the children in not having a place to play. . Mr. Grubb asked where the park was from this house. Page 7 Z B A Minutes May 15, 1986 . Ms. Webber stated you could north and see the park. Dorothy Brown, 7709 Perkins Drive, came forward. She said she lives the next street over. She said she is involved in crime watch and there are over 200 homes in the area. Ms. Brown stated all the other corner houses are set back correctly, but these posts look bad. She said she had the same problem on her lot. She said she only has 8 feet from her patio. Mr. Grubb asked how she could only have 8 feet in her back yard. Mr. Royston stated it was 8 feet from the patio, not from the rear wall. Mr. Schubert asked what Ms. Brown would suggest. . Ms. Brown said it must be set back some. Chairman Roseberry asked if there had been any correspondence. Ms. Calvert stated she had several calls in opposition, but nothing in writing. Chairman Roseberry asked Mr. Royston about the city's view. Mr. Royston stated the code was to honor the house next door's 25 foot building line. Chairman Roseberry closed the Public Hearing. Mr. Schubert stated he understands their need for a larger yard. He asked if the fence would be on the property line. . Mrs. Harding said yes, but the building line is 25 feet. Page 8 Z B A Minutes May 15, 1986 . Mr. Schubert asked how much footing would there be, 48 feet? Mr. Harding said he did not draw it to scale. He said he was not sure how much footage there would be. Chairman Roseberry asked how high the fence could be according to code. Mr. Royston stated 18 inches if put beyond the building line. Mr. Schubert asked how high the fence would be. Mrs. Harding stated it would be 6 feet. . Mr. Grubb made a motion to approve BA 86-7 subject to variations: that the fence not be any closer than 15 feet to the property line. This motion was seconded by Mr. Schubert and the motion carried 4-0, all voting yea. Chairman Roseberry stated this would be 24 feet from the curb, and would give them a 15 foot building line. Mr. Royston stated the Hardings must move the posts 15 feet into the yard. Mr. Grubb said that was not what he said. He said he did not mean that. Chairman Roseberry stated they need a motion to reconsider. Mr. Cypert made the motion to reconsider BA 86-7. This motion was seconded by Mr. Grubb and the motion carried 4-0. Mr. Grubb said the problem was the curb line. . Mr. Royston stated the posts are on the property line. ~ Page 9 Z B A Minutes May IS, 1986 . Mr. Grubb said they should move the posts in 10 feet. BA 86-7 DENIED Mr. Grubb made the motion to approve BA 86-7 with the stipulation that they set back 10 feet from the property line. This motion was seconded by Mr. Schubert. The motion was denied by a vote of 3-1 with the following vote recorded: Grubb, yea, Schubert, yea, Roseberry, yea, and Cypert, nay. Chairman Roseberry stated the variance was denied because it takes 4 to approve it. 3. BA 86-8 Request of Connie J. Rush to vary from the Zoning Ordinance #1080 on Lot 17, Block 7, Hillview Addition, to allow the enclosure of a non-conforming car port. This property is located at 4142 Carma Drive. . Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Connie Rush came forward. She said she wants permission to enclose her car port. She stated she had bought a foreclosed house. Ms. Rush said the owner had put up the car port several years ago and turned the garage into a semi-den. She said she wished to make the existing garage into a den and the car port into a garage. Ms. Rush stated that one side of the car port is already closed in. Chairman Roseberry stated that in the IS years he had been on the Board, the Board had never allowed a car port to be closed in. . Ms. Rush stated the neighborhood is kind of run down and she was in hopes of improving the aesthetics. She said the back yard looks nice, but she wants to refinish the house and make it look good. Page 10 Z B A Minutes May IS, 1986 . Mr. Royston stated you could see the car port was not a new addition. Chairman Roseberry asked if there was any correspondence. Mrs. Calvert stated there was none. 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. Mr. Schubert asked if approved, would this not open the door for more people to ask to enclose their car port. . Mr. Royston stated there were no other car ports in this area. Mr. Schubert asked if you could park two cars in the drive way. Ms. Rush stated you could park one behind the other. Mr. Royston stated it would intrude into the right-of-way. Chairman Roseberry asked if it would block the view. Mr. Royston stated it would not. Ms. Rush stated the house has a hip roof and is almost all brick. Mr. Grubb asked if the city had any drawings of what Ms. Rush wants to do. Mr. Royston stated no. . Ms. Rush stated the contractor had the drawings, but was told by the city it was not allowed. Page 11 Z B A Minutes May 15, 1986 . . BA 86-8 DENIED ADJOURNMENT . Mr. Schubert asked if the Board grants a variance for a car port, can the people enclose it. Mr. Royston stated they could not. Ms. Rush stated one side is already enclosed. Mr. Royston stated it has aluminum siding on it. Mr. Schubert asked how far it was from the curb. Mr. Royston stated it was 11 feet plus 9~ feet. Mr. Grubb made a motion to approve BA 86-8 subject to meeting the city building codes. This motion died for lack of a second. Mr. Cypert asked if this was already in violation. Mr. Royston stated it was a legal non-conforming car port. He said it had been there many years. Mr. Schubert said they would be approving a non-conforming use. Mr. Cypert made the motion to approve BA 86-8 as requested. This motion was seconded by Mr. Grubb. This request was denied by a vote of 3-1 with the following vote recorded: Cypert, yea, Grubb, yea, Schubert, yea, and Roseberry, nay. at 8:15 P. M.