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HomeMy WebLinkAboutZBA 1984-04-19 Minutes ~ . MINUTES FOR THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 19, 1984 - 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 Members Jack Roseberry Harold Schubert Bill Fenimore Ron Hubbard Alt. Member P & Z Coordinator Mayor Wanda Calvert Dan Echols ABSENT: Secretary Member Alt. Member Marty Erck Hans Kossler Billy Cypert . CONSIDERATION OF THE MINUTES OF MARCH 8, 1984 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 Mr. Fenimore abstaining since he was not present at the meeting. NEW BUSINESS 1. BA 84-5 Request of Dr. Raymond L. Pankey to vary from the Zoning Ordinance #1080 on Lot 2, Lonsdale Subdivision, to allow proposed one-story building to encroach on the 25 foot rear yard requirement. This property is located on the east side of Davis Boulevard, approximately 100 feet south of Lynda Lane. . George Staples, Attorney for Dr. Pankey, came forward. He stated this property is located south of the white brick building of Dr. Pankey's and north of the YMCA. Mr. Staples said the proposed building will be of the same type as Dr. Pankey's existing building. He stated the present building is within 4 feet of the property line and there are residences adjacent to the rear of the property. ~ Page 2 Z B A Minutes April 19, 1984 . Mr. Staples stated that if they put an "L" shaped building on the lot, it would shield it from the residences. He said they would have to have a drive around it. Mr. Staples stated they have made contact with the nearest property owner, Bill Culver, who said he felt this would be agreeable if they would put the building 12 feet from the property line instead of the 6 feet as shown on the plat. Mr. Staples said the side (east elevation) which would face Mr. Culver would be a blank wall, no doors or windows. He said Mr. Culver stated he would agree if they stayed with this plan and not have a pharmacy with a drive thru window. Mr. Staples said they do not plan to have a pharmacy in this office building. . Mr. Staples stated they request the Board grant them a 12 foot rear yard instead of the 25 foot requirement. He said the proposed building would be consistent with the present building. Mr. Staples said it is a hardship with the small lots. Chairman Roseberry asked about fire protection. Mr. Staples stated the present building only has 4 feet, but the proposed building with have 12 feet and a fire truck could get behind it, but there is no way to correct the existing building. Chairman Roseberry asked about a fence. Mr. Staples stated there would be a solid wood fence between it and the residences. . Mr. Fenimore asked what type of fence was behind the other building. ~ Page 3 Z B A Minutes April 19, 1984 . Mr. Staples said it was a chain link fence with slats. Mr. Fenimore asked how long had the owner known about the 25 foot rear yard requirement. Mr. Staples stated about a year. Mr. Schubert said he is concerned about fire protection. Mr. Staples said they could not come from Lynda Street because the present building is only 4 feet from the property line, but the new building would be 12 feet which would allow them to come down so far. Mr. Schubert asked if their plans had been approved. . Mr. Staples said the plans were not approved because of the rear yard requirement. Chairman Roseberry asked about the front yard set back. Mr. Staples showed the Board the drawing of the property. Mr. Schubert asked how they plan to take care of the trash. Mr. Staples stated there would be a dumpster in the middle of the "L" shape. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. There being no one wishing to speak in favor of this request, the Chairman called for those wishing to speak in opposition to this request to please come forward. . ~ Page 4 Z B A Minutes April 19, 1984 . There being no one wishing to speak, the Chairman closed the Public Hearing. BA 84-5 APPROVED Mr. Schubert made the motion to BA 84-5 with the stipulation there be a 12 foot rear yard set back. This motion was seconded by Mr. Fenimore and the motion carried 4-0 with the following vote recorded: Schubert, yea, Fenimore, yea, Hubbard, yea, and Roseberry, yea. 2. BA 84-6 Request of J. B. Johnston to vary from the Zoning Ordinance #1080 on Lot 48, Block 1, Meadow Lakes Addition, to allow house to be built beyond the side building line. This property is located at 5028 Ridge View Court. . Mr. Johnston came forward. He said the surveyor was off 10 feet and he only had 5 feet. He said he had already torn down the garage, but still needs a variance for one foot. Chairman Roseberry asked who his surveyor was. Mr. Johnston said it was Loyd Bransom and David Moak found the error. He said he thought he had 15 feet, but he did not have enough room for a driveway so he had to tear the garage off. Mr. Johnston said this was the last house to be built in the cuI de sac. He said he already had it framed when the error was found. Mr. Johnston said there is only a tip of the corner within 5 feet of the line so he needs a variance for one foot. Chairman Roseberry asked if he was the owner of the house. Mr. Johnston said he was the builder and he already has the house sold. . Mr. Schubert asked if he was told to tear the garage off. ~ Page 5 Z B A Minutes April 19, 1984 . Mr. Johnston said the city told him he could put the garage door in the back and have the driveway in the back, but he felt it would not look good so he tore it down. He said there would be a common driveway with the house next door. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. There being no one wishing to speak in favor of this request, the Chairman called for those wishing to speak in opposition to this request to please come forward. . Jimmie Vititow, 5032 Ridge View Court, came forward. He said he lives directly west of this property and he is opposed to this request. Mr. Vititow said his survey is fine, but he has his fence off the line so he could have a garden area. Mr. Vititow asked if there is a survey submitted when they request a building permit. Chairman Roseberry said they are required to submit a site plan. Mr. Vititow asked if they could check the property on each side of this property. Chairman Roseberry said they have a stake-out inspection. Mr. Vititow said he had wondered why the construction was not stopped when the error was found. Mr. Fenimore said he did not know what caused the problem, but being a builder, he knows it can happen. . Mr. Vititow asked if there was an ordinance against having a common driveway. ~ Page 6 Z B A Minutes April 19, 1984 . Mr. Fenimore said if the driveways were poured together, they could cut them down the middle. Mr. Johnston said the driveways would be parallel, but would show the property line. He said he has 9 feet on each side for driveways. Mr. Vititow said he was just concerned about the property on the other side. He said he did not feel sharing a common driveway would be good. Terry Taylor, 5033 Ridge View Court, came forward. He said he was in opposition to this request simply because he had not been contacted; he said the status of this house could de-value his property. . Dr. Jerry Mills, 5029 Ridge View Court, came forward. He said he lives across the street from this property and he is concerned about the common driveway. Dr. Mills said this is a nice area and he has no problem with the variance for one foot, but if this variance is granted, what next? Mr. Fenimore said he had been on the ZBA Board for two years and he has seen variance requests much worse than this one. He said, being a builder and a Board member, he had been on both sides of the fence. Mr. Fenimore said you can have adjoining driveways; you can have 3 approaches, circular driveways. He said the approach belongs to the city. Mr. Fenimore said when a problem arises, they have to come to this Board. Dr. Mills said he does not really oppose this request, but is concerned about the driveways. . ~ Page 7 Z B A Minutes April 19, 1984 . Chairman Roseberry said you could hardly tell the house was over one foot, and to devalue your property, it would have to be something you could see. He said usually this is found when the title company draws up the papers to sell the house. Mr. Fenimore explained what a stake-out inspection was. He said 6 to 9 months ago, the Board was tired of getting so many variance requests for houses being built over the building line that the inspection department decided to start making a stake-out inspection. Mr. Johnston said there would not be a common driveway, there would be two driveways with some shrubs between. He said he plans to make it real nice. . Chairman Roseberry closed the Public Hearing. BA 84-6 APPROVED Mr. Fenimore made the motion to approve BA 84-6 as requested. The motion was seconded by Mr. Hubbard and the motion carried 4-0 with the following vote recorded: Fenimore, yea, Hubbard, yea, Schubert, yea, and Roseberry, yea. 3. BA 84-7 Request of Doyle D. Smith to vary from the Zoning Ordinance #1080 on Lot 1, Block 6, Morgan Meadows Addition, to allow fence to be beyond the front building line. This property is located at the northwest corner of Chapman Road and Meadow Road. Mr. Smith came forward. He said his son and daughter in law lives on this property. He said he purchased the property in May of 1980; Tracts 4B & 4E, which was Agriculture. Mr. Smith said the fence had to be removed to allow vehicles to get in while building the house. . ~ Page 8 Z B A Minutes April 19, 1984 . Mr. Smith said he had a contractor remove the old drive approach and a new one put in to the city's specifications. . Mr. Smith said they completed the house in July and started to put the fence back up. He said they were putting the posts in and an inspector came out and told us to stop. Mr. Rice, the inspector, said if we had told them they needed to tear the fence down, they would have allowed it to be put back up. Mr. Smith said there was an ordinance which restricted the height of the fence to only 18 inches. He said the fence is needed for the security of his property and also his son and wife have three horses and the fence is needed to provide a secure access from one pasture to another and to insure that the horses will not accidently run into Meadow Road, causing a possible traffic hazard. Mr. Smith said there is pasture land to the south and north of his home and all are fenced. Chairman Roseberry asked how old the fence was. Mr. Smith said he did not know, but it was old when he bought it in 1980. He said he took down about 120 feet of the 480 feet of fencing. Mr. Schubert asked if he was putting back the same type of fence. Mr. Smith said it was 5 foot woven wire, non-climb wire; not bob-wire. . Mr. Smith gave the Board letters from several neighbors who were in favor of him putting up the fence in front of his house. Page 9 Z B A Minutes April 19, 1984 . BA 84-7 APPROVED . OLD BUSINESS ADJOURNMENT ø¿;~ SECRETARY ZONING BOARD OF ADJUSTMENT . ~ Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. There being no one wishing to speak, the Chairman 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. Hubbard made the motion to approve BA 84-7 as requested. This motion was seconded by Mr. Fenimore and the motion carried 4-0 with the following vote recorded: Hubbard, yea, Fenimore, yea, Schubert, yea, and Roseberry, yea. None. The meeting adjourned at 8:05 P. M.