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Home My WebLink AboutZBA 1983-01-13 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 13, 1983 - 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: C H/\ I RMAN SECRETARY ~~EMBERS AL T. MEr~BER COUNCILMAN BUILDING OFFICIAL P & Z COORDINATOR Jack Roseberry Jesse Range t~arti n Erck Bill Fenimore Hans Kossl er Harold Newman Bill Rice \~a nda Ca 1 vert ABSENT: Harold Schubert CONSIDERATION OF THE MINUTES OF DECEMBER 9, 1982 Mr. Fenimore made the motion to approve the minutes as written. This motion was seconded by Mr. Kossler, and the motion carried 3-0 with the following vote recorded: Fenimore, yea, Kossler, yea, Roseberry, yea, and Range and Erck abstained since they were not present at the meeting. . 1 . BA 83-1 Request of Stephen D. Harrison to vary from the Zoning Ordinance #179 on Lot 6, Block 19, North Richland Hills Addition, to be allowed to have a landscape screen beyond the front building line. This property is located at 4708 Holiday Lane West.. Mr. Harrison came forward. He said he had grown up here on Holiday Lane before Loop 820 was built. . Mr. Harrison said he had been a Civil Engineer and had helped develop Zoning Ordinances, and about 4 years ago, he went to Austin, then to Law school. He said he had worked in Atlanta, Ga. and Houston, Tx. Mr. Harrison said he wanted to come back to his home, North Richland Hills, to raise his 4 year old twins. He said he bought the house he grew up in from his father.. He said he was very proud of it because it was in a good area and was close to their church. ~ Page 2 Z B A Minutes January 13, 1983 . Mr. Harrison said he was shocked when he had the house appraised because the price per square foot was very low. He said no improvements had been made in 30 years. Mr. Harrison said the homes in North Richland Hills are of high quality, most being from 10 to 30 years old. He said he plans tò invest as much in improvements as he paid for the house. Mr. Harrison said he wants to bring the house out of the 1950 mode, his wife does not like the ranch style homes. . Mr. Harrison said he hired Newton Fallis, Landscape Artist, and told him of their goals, and he started to work. Mr. Harrison said he had reviewed North Richland Hills Zoning Ordinance and found nothing specific which said you could not have this landscape screen. He said it stated the set backs and that no structures could be constructed there. Mr. Harrison said there is a 35 foot building line, but his house protrudes 4 feet past this building line as other homes in the area do. Newton Fallis, Architect, came forward. He said their concept was to put a canopy with the 5 oak trees and have the landscape screen with berms. Mr. Roseberry asked what the screen would be made of. Mr. Fallis said it would be of 1 by 6 foot redwood and would be of shadow box construction; the 1 by 61s would be 3 inches apart. He said the maximum height of the screen would be 5 ft. 9 inches near the walkway to about 4 ft. across the top of the berm .. Mr. Fenimore asked how far it would be from the property line. Mr. Rice said it would be approximately 13 feet from the property line and 23 feet from the curb. . Page 3 Z B A Minutes January 13, 1983 . Mr. Harrison said they could put a shrub screen there, but they feel this would look best. Mr. Fallis said the front of the house would match the screen. Mr. Roseberry asked Mr. Rice if he could see any problem with this variance. Mr. Rice said as far as the traffic, he could see no problem. Mr. Range said the variance is for a fence, but the plans look like they would also need a variance for the deck. Mr. Fenimore said he felt the deck could be built without a variance. Mr. Rice said the Ordinance states a porch can extend 4 feet beyond the building line, but he feels this deck would need a variance. . Mr. Fenimore said why couldn1t he call it a sidewalk. He asked what would a side- walk be called. Mr. Rice said a sidewalk is a walkway, but if he plans to build a deck, he would need a variance on it, also. Mr. Harrison said that in the absence of Mr. Rice, he showed his plans to the Director of Public Works, Gene Riddle, and he said nothing about needing a variance for the deck. The Chairman opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Diane Jones, 4704 Holiday Lane West, came forward. She said she had no pros nor cons, but her driveway is on the side his house is on and there is only about 3 feet of extra space which she uses to back her pickup out. She asked how far the fence would extend out toward her drive. . Page 4 Z B A Minutes January 13, 1983 . Mr. Harrison said it would stop at the edge of his house. Mike Outenreath, 4700 HOliday Lane West, came forward. He said he felt this landscape screen would be very pretty. 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. Kossler made a motion to approve BA 83-1 as requested. This motion was seconded by Mr. Erck. Mr. Range said he was still concerned about the deck shown in Mr. Harrison1s plans. BA 83-1 APPROVED Mr. Range said he would amend the previous motion, he would recommend approval of BA 83-1 in accordance with the drawings submitted and that a copy of the drawings be attached to the minutes. . This amended motion was seconded by Mr. Fenimore and the motion carried 5-0 with the following vote recorded: Roseberry, yea, Range, yea, Erck, yea, Kossler, yea, and Fenimore, yea. OTHER BUSINESS Chairman Roseberry stated he had a copy of the Proposed New Zoning Ordinance of the City of North Richland Hills for each member of the Board. He requested they study it and make plans to attend a Public Hearing with the Planning and Zoning Commission on February 1, 1983 at 7:00 P. M. Chairman Roseberry said he felt this Board could provide some helpful input at this meeting. OLD BUSINESS Chairman Roseberry said Gary Neisler, Case Number SA 82-22, called him requesting a rehearing of his request that was denied last month. He said he explained to Mr. . . . . Page 5 Z B A Minutes January 13, 1983 ADJOURNMENT Neisler that once this Board acts, it is final and his only recourse was to go to court. Mrs. Calvert stated he had also called her and she gave him the same information. Mr. Fenimore said Mr. Neisler called him, also. He said he feld the Board should allow Mr. Neisler another hearing since there were only 4 members present at that meeting. Mrs. Calvert said it was her understanding that he could only come back if he changes his request. Chairman Roseberry said he would like for the City Staff to consult the City Attorney for an opinion on this matter, and also request the City Staff furnish this Board with copies of case histories of court cases regarding the Zoning Board of Adjustment. Mr. Fenimore made a motion to send Mr. Neisler a letter stating he could be heard again if he changed his request. This motion was seconded by Mr. Kossler, I, and the motion carried 5-0 with the following vote recorded: Roseberry, yea, Range, yea, Erck, yea, Kossler, yea, and Fenimore, yea. The meeting adjourned at 8:00 P. M. C á.u_s tmen t of Adjustment . . . City of ~orth 1UcWand Hills ! ! \ ~"" 11\ . f \,"J ~/ -c,~c /:;~;,~>~- itar of the ~etroplex )' \ If ,~ \f' TO: Zoning Board of Adjustment DATE: February 3, 1983 FROM: Wanda Calvert Planning & Zoning Coordinator SUBJECT: Cancellation of February meeting There will not be a Zoning Board of Adjust~ent meeting this month since we have no cases. See you next month. $~J..- (!~ ~Janda Ca 1 vert (817) 281-0041/7301 N. E. lOOP 820/ P. O. BOX 18609/ NORTH RICHlAND HillS, TEXAS 76118