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HomeMy WebLinkAboutZBA 1986-10-16 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 16, 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 Jack Roseberry Harold Schubert Hans Kossler Ron Hubbard Forrest Grubb David Barfield Rex McEntire Richard Royston Greg Wheeler Wanda Calvert Alt. Members City Attorney Dir. Planning/Dev. Building Official P & Z Coordinator ABSENT: Billy Cypert CONSIDERATION OF THE MINUTES OF MAY 15, 1986 Chairman Roseberry stated that on Page 5, ninth paragraph, should read: "Chairman Roseberry said if the Board granted this variance, Mr. and Mrs. Harding could still be open for a suit on deed restrictions." . Mr. Grubb made the motion to approve the minutes with this correction. This motion was seconded by Mr. Schubert and the motion carried 3-0 with Mr. Hubbard and Mr. Kossler abstaining since they were not present at the meeting. CONSIDERATION OF THE MINUTES OF JUNE 19, 1986 Mr. Schubert made the motion to approve the minutes as written. This motion was seconded by Mr. Hubbard and the motion carried 4-0 with Mr. Kossler and Mr. Grubb abstaining since they were not present at the meeting. CONSIDERATION OF THE MINUTES OF JULY 17, 1986 Mr. Grubb made the motion to approve the minutes as written. This motion was seconded by Mr. Hubbard and the motion carried 4-0 with Mr. Schubert and Mr. Kossler abstaining since they were not present at this meeting. . ~ Page 2 Z B A Minutes October 16, 1986 . 1. BA 86-12 Request of Quinten's Crossing Joint Venture to vary from the Zoning Ordinance #1080 on Lot 1, Block 12, Snow Heights North Addition, to be allowed to install a 6 foot wood fence instead of a masonry fence. This property is located at 6901 Northeast Loop 820. Chairman Roseberry opened the Public Hearing and called for the representative to come forward. . Ken Curry, Attorney, came forward. He stated he is here to request consideration in this request and that the code be enforced. Mr. Curry stated they filed an application to build a wood fence and was turned down. He stated the property was rezoned in 1983, Ordinance #1012 which stated it required a sight barring fence on the north and east side of the property. Mr. Curry stated that the definition of a sight barring fence is either wood or masonry. He said they were told by the city that if they did not comply, the city would have TESCO pull their power. Mr. Curry said there is a big difference in the cost of the fences. He said the wood fence would cost approximately $7,000, but the masonry fence would cost approximately $60,000. Mr. Curry stated the apartment complex is a credit to the city and he could not explain why the city is requiring a masonry fence. He said the west side of the project already has a wooden fence; on the north is the TESCO easement and Lewis Drive and on the east is Birdville Independent School District. . Chairman Roseberry asked Mr. Curry if he was aware that the Planned Development zoning was approved for a masonry fence. . . . ~ Page 3 Z B A Minutes October 16, 1986 Mr. Curry stated he has the minutes of the meetings where a masonry fence was discussed, but on March 28th the zoning was approved with the stipulation that a sight barring fence be constructed. Mr. Grubb stated he believes they intended the fence to be masonry. Mr. Curry stated his clients reviewed the ordinance, not the tapes of the meetings. Mr. Grubb asked if he thought it is their clients responsibility to carry out the requirements of the Planned Development. Mr. Curry said his clients believe the sight barring fence could be a wood fence; this is an exception. Mr. Grubb stated this masonry fence requirement was in the zoning; why is it an exception. He asked Mr. Curry shouldn't his client assume the total responsibility of the ordinance. Mr. Curry stated his client agreed to the zoning ordinance of the city. Mr. Grubb stated it was a Planned Development and you have to accept all the requirements. Mr. Curry asked the Board to over rule the City Staff. Rex McEntire, City Attorney, came forward. He said this basically requires an interpretation from the Board because they disagree with the City Building Official. Chairman Roseberry said the minutes show it was approved with a masonry fence. He said it is not hard to understand. ~ Page 4 Z B A Minutes October 16, 1986 . Mr. Curry stated the City Council approved it with a sight barring fence. Chairman Roseberry asked Mr. Curry if he agreed that the Zoning Board approved it with a masonry fence. Mr. Curry said he was not at the meeting, but the minutes state a masonry fence was stipulated. Mr. McEntire stated the recommendation of the Zoning Board comes as a recommendation to the City Council. He said this was a Planned Development with no fence, but the Zoning Board stipulated a masonry fence. Chairman Roseberry asked if there is a fence there. . Greg Wheeler, City Building Official, came forward. He said there is not a fence there. Mr. Wheeler stated Chasewood requested a permit for a wood fence on August 27,1986, but was disapproved because the requirement was for a masonry fence to be erected on the north and east sides of the ' property. He said this was Ordinance #1012. Mr. Wheeler said the ordinance stipulated a "site" barring fence instead of a "sight" barring fence, sight was misspelled. Mr. Wheeler stated everyone wanted to know when Chasewood was going to put up the masonry fence, so Mr. Wheeler wrote Chasewood a letter. Chairman Roseberry said then Chasewood came back before the Zoning Board in May, 1986. . Mr. Royston stated that was correct. He said the Planning and Zoning Commission rejected a request to amend the Planned Development Site Plan. ~ Page 5 Z B A Minutes October 16, 1986 . Chairman Roseberry asked Mr. Curry why his client did not go back to the City Council. Mr. Curry said his client tried hard to work with the city to resolve the problem. He said his client feels it was a wrong decision of the City Staff for the requirement of a masonry fence. Chairman Roseberry asked Mr. Curry if his client felt the City Council did not intend it to be a masonry fence. Mr. Curry stated that his client was not aware that a masonry fence was a requirement. Mr. Grubb asked why they did not apply for a fence permit when the apartments were finished. . Mr. Curry said he did not know. Mr. Grubb stated he hoped the City Staff has changed their policy and would require all requirements before the completion of the apartments. Mr. Grubb asked why Mr. Curry's client did not go back to the City Council for clarification. . Tom Michaels, Vice President of Trammel Crow and Chasewood Construction Company, came forward. He said he was project manager at the time and was not connected with the zoning. Mr. Michaels stated they contracted to buy the property contingent on obtaining the zoning. He said Mr. Cook handled the zoning request and he presented us with a copy of the ordinance. Mr. Michaels said the President of the company looked over the ordinance which had the requirement of a site barring fence so we bought the property. ~ Page 6 Z B A Minutes October 16, 1986 . Mr. Michaels stated not putting up the fence was an oversight of his company and the city. He said this problem had been going on for a year and a half. He said they wanted to go before the Zoning Board of Adjustment, but the City Council said to go to the Planning and Zoning Commission. He said the Planning and Zoning Commission had no discussion, he was bombarded by persons on each side. Mr. Michaels said why go to the City Council because the decision had already been made. He said their ultimatum came in the form of a letter stating they planned to pull the electricity. . Mr. Michaels said he is here to try to work out a solution. He said the ordinance stated a site barring fence which by definition means either wood or masonry. He said there is such a difference in the cost of the fence. He said a masonry fence would cost from $60,000 to $130,000, but a wood fence would be about $7,000. Mr. Michaels said Quinten's Crossing is an asset to the city and us. Chairman Roseberry said he remembers the zoning was controversial at the time. Mr. Grubb asked what if the wood fence falls down in three years. Mr. Michaels stated Chasewood would be responsible to replace it. Mr. Michaels said he went to the BISD and talked with Mr. Fox who stated he was afraid a masonry fence would be hit by vandals. . Mr. Wheeler stated his interpretation of Ordinance #1012 was for a masonry fence. He gave a copy of a memo to the Chairman. He researched the minutes of P & Z and City Council. . . . ~ Page 7 Z B A Minutes October 16, 1986 Mr. Wheeler asked if the Board had copies of the minutes. Chairman Roseberry stated they had copies. Chairman Roseberry asked if the P & Z and City Council were held on the same day. Mr. Royston stated they were. He stated that Ordinance #1012 superceded Ordinance #1080; Ordinance #1080 was not in effect at the time. He said we were working under Ordinance #179 at that time. Mr. Curry stated his client is against the decision of the City Staff. He said they need a compromise. He said they have a problem with the tremendous cost involved. Mr. Grubb stated the decision was made that a wood fence was out and a masonry fence in. Mr. Curry stated his client does not feel that was the decision of the City Council. Mr. Grubb asked Mr. Curry if he wanted an exception to the ordinance. Mr. Curry stated he was not asking for an exception, he needs to know the ruling of the City Council. Chairman Roseberry read from Vernon's Civil Statutes regarding the Zoning Board of Adjustment. He said the ZBA has the right to modify or to change. Mr. Curry said they would agree to putting brick columns. Mr. Wheeler said if the Board desires to modify or stipulate something, he would try to carry it out. . . . ~ Page 8 Z B A Minutes October 16, 1986 Mr. McEntire said the Board could postpone the request, they do not have to make a decision at this time. Mr. Kossler said he would propose to make a modification. He said he felt a masonry fence would soon have cracks in it. Mr. Kossler said he was at the meeting and remembered the developer gave BISD some land. Chairman Roseberry asked how much land. Mr. Michaels said the developer gave the school 5 acres and the school bought 5 acres. Mr. Hubbard stated the Board is getting away from the intent of putting up a masonry fence. He said it was to be put up for the tenants and the school. Chairman Roseberry said he felt Chasewood has built a nice project as well as giving the land to the school. RECESS Chairman Roseberry called a recess at 8:08 P. M. BACK TO ORDER Chairman Roseberry called the meeting back to order at 8:15 P. M. with the same members present. Mr. Kossler made a motion to have the City Staff compromise and work with Chasewood in putting up a continuous footing with brick columns and panels of cedar and redwood. This motion was seconded by Mr. Grubb. Mr. Barfield said something should be said about how far apart the columns would be. Mr. Kossler said he would amend his motion to add that the columns be 8 to 10 feet apart. . . . Page 9 Z B A Minutes October 16, 1986 This motion was seconded by Mr. Grubb. The motion to amend carried 4-1 with Mr. Hubbard voting against. Mr. Michaels asked if they would allow them to put the masonry columns 16 feet apart with treated posts. Mr. Grubb asked what if the posts gets broken. Mr. Michaels said they would replace them. Mr. Kossler said he had rather have metal posts. Mr. Kossler amended his motion to require the brick columns on 16 foot centers with metal posts in between and the size of the posts to be decided by the City Staff. This motion was seconded by Mr. Grubb and the motion carried 4-1 with Mr. Hubbard voting against. Chairman Roseberry asked the City Staff to work with Chasewood and report back to the Board at the next meeting. ADJOURNMENT The meeting adjourned at 8:30 P. M. & Zoning Commission