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HomeMy WebLinkAboutZBA 1983-06-16 Minutes . MINUTES FOR THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 16, 1983 - 7:00 P.M. CALL TO ORDER Chairman Roseberry called the meeting to order at 7:03 P.M. ROLL CALL Present: Chairman Secretary Members Jack Roseberry Jesse Range Martin Erck Bill Fenimore Hans W. Koss1er Alt. Member Councilman Building Official P & Z Coordinator Harold Newman Bill Rice Wanda Calvert Absent: Harold Schubert CONSIDERATION OF THE MINUTES OF MAY 12, 1983 Mr. Fenimore made a motion to accept the minutes as written. The motion was seconded by Mr. Koss1er. The motion was approved 4-0. Mr. Range abstained since he was absent. . NEW BUSINESS 1. BA 83-5 Request of Robert E. Hardie to vary from the Zoning Ordinance #179 on Lot 7, Block 6, Clearview Addition, to allow house to be 25 feet beyond the front building line. This property is located at the northwest corner of Maplewood Drive and Joreen Drive. Attorney, Charles Gunn came forward to represent Stewart Title Co. He stated when they were trying to close on this piece of property, they found this problem and brought it to the City's attention. . Mr. Gunn stated the street turns in front of this house and also, they found there was a 40 foot pipeline easement in front of the house. Mr. Gunn stated when the surveyor first staked the lot out, he did not know there was a pipeline there. ~ ~ Page 2 ZBA Minutes June 16, 1983 . Mr. Gunn said the house is 99% finished; they have a construction loan, the interest is running, and they need to do something about it. He said the builder was continuing with the construction of the house until he made the City aware of the problem. Mr. Gunn said the City went out and after it was sheetrocked, the City said they had better hold up the construction. Mr. Gunn stated he felt in all fairness to this man, the builder, and the loan company who has invested a substantial sum of money, that they be granted this variance. Chairman Roseberry asked how far back should it have been. . Mr. Rice said the house is actually 25 feet over the building line. He said our plat does not show the easement. Mr. Rice said they measured 25 feet plus the 10 foot right-of-way from the curb as they always do. Chairman Roseberry asked if this is an easement or is it owned by the oil company. Mr. Gunn said it is a 40 foot Sinclair pipeline easement. He said it did not show on the survey because it is not on the property; it is on the curb, but it is not on this property; this property starts behind the 40 foot easement. Mr. Gunn said from the curb to where this should be is about 65 feet. Mr. Range asked who owns the property outside the easement. Mr. Gunn said he guessed the City owns it. Mr. Fenimore asked Mr. Gunn what rights does the pipeline have. . Mr. Gunn said the pipeline company would have the right to dig it up if they wanted to. Page 3 ZBA Minutes June 16, 1983 . Mr. Fenimore asked if there were sidewalks over this easement. Mr. Gunn said there are sidewalks and driveways over it. Mr. Fenimore asked how far back does the house to the west of this property set back. Mr. Rice said it sets back about 35 feet. Mr. Fenimore asked if this house sets in front of it. Mr. Gunn said it sets about 20 feet in front of the house to the west. Chairman Roseberry asked Mr. Gunn if he was able to find out the ownership of this easement. . Mr. Gunn said it is probably owned by the City, but there is a pipeline that runs down through the middle of it. Chairman Roseberry said what if the City decided to move the street there. Mr. Fenimore said they could, but there would be no need to. Chairman Roseberry asked Mr. Gunn to show on the plat where the building line should be. Mr. Erck said it looks like it is 32 feet from the curb to the property line. Chairman Roseberry said this could be a serious problem. He said there might be a need for the owner to buy this easement, especially if the City decided to put a street there. . Mr. Range said they could put a permanent restriction on the property--that it would never be used for anything other than an easement. ~ ~ Page 4 ZBA Minutes June 16, 1983 . Mr. Gunn said the prospective buyer was present. Joel Amyett, prospective buyer of the property, came forward. He said he had not seen a plat of the property. The Board showed him a plat of the property and there was some discussion. Mr. Erck asked if this was the first duplex this contractor had built in North Richland Hills. He also asked what did he think when the duplex was so far in front of the other houses. Mr. Fenimore said being a builder, he sympathizes with him. He said he would have done the same thing. . Everitt Fraiser, builder, came forward. He said he had built several duplexes and has about fifteen under construction at this time. Mr. Fraiser said he bought this lot from Bank of North Texas and they thought it was just a large lot. He said the City Inspection approved everything they did. Mr. Fraiser said most of the houses there have front entry garages. He said most of the houses there are approximately 1,400 to 1,500 square foot and we have built this one approximately 2,300 square foot with rear entry garage which is a much larger structure. Mr. Kossler said he went by there and the duplex adds to the looks of the neighborhood. He said the street starts to curve before the duplex so it is completely normal to think it is correct. Mr. Kossler said it looks acceptable, the deed has been done, and it is no big deal. . Mr. Fenimore said he knows the problems builders have building on cul de sacs. He said where they don't properly survey them and they don't put the pinks in the right place, it is always problems. He said this is just one we have a problem with. Page 5 ZBA Minutes June 16, 1983 . Mr. Range asked Mr. Gunn if he knew exactly where the pipeline runs within the easement. Mr. Gunn said he was no sure, but there are some orange posts sticking out of the ground which are about 20 feet from the front. Mr. Range said that would be about in the middle. He said if it lay to the north side of the easement, and they had to do any work on the pipeline, there could be damage done to the structure. 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. Weldon Butler, 7913 Map1ewood, came forward. He said he lives next to the property in question. Mr. Butler said when they first staked this off for the forms, he called Mr. Hardie and asked him about this and advised him it was out 25 feet farther than the other houses, but he said the City issued the permit on it and would not discuss it any further. Mr. Butler said his wife talked to Mr. Rice about this before they ever started building and said he was not going to issue a permit for it to be built that far out, but it ended up being built there anyway. Mr. Butler said a few years ago the City would not let him put a hedge along that side for fear it would obstruct the view and he thinks the house should be moved. He said he did not feel it should be allowed to stick out further than any other house on the street. . Chairman Roseberry closed the Public Hearing. ~ Page 6 ZBA Minutes June 16, 1983 . Chairman Roseberry asked Councilman Newman if the City would consider the abandonment of this right-of-way or easement. Councilman Newman said he was not sure, he would have to check. Mr. Fenimore said he did not see how they could abandon the pipeline easement. Chairman Roseberry said he felt the Council should take action on this. Mr. Range said he agreed it could be a problem. Chairman Roseberry said it is zoned Local Retail across the street and if they wanted to come in there and develop, they might want to extend that street and it would present a severe problem. . BA 83-5 APPROVED Mr. Fenimore recommended approval of BA 83-5 as requested. This motion was seconded by Mr. Kossler and the motion carried 4-1 with the following vote recorded: Fenimore, yea; Kossler, yea; Roseberry, yea; Range, yea; and Erck, nay. Mr. Range said he would recommend they still go before the Council. 2. BA 83-6 Request of Dean Nelson to vary from the Zoning Ordinance #l79 on Lot G-1, Calloway Acres Addition, to vary from the 20% rear yard requirement and also be allowed to build to the 5 foot utility easement. This property is located at 6901 Cross Street. . Mr. Nelson came forward. He said he has a unique situation; he feels he is living out in a field. Mr. Nelson said North Richland Hills Baptist owns all the property around him. He said there is no traffic except on Sunday. Mr. Nelson showed pictures of the fourplex structure. He said it is hard to figure out which is the rear yard of this property. Mr. Nelson Page 7 ZBA Minutes June 16, 1983 . said his address is 690l Cross Street, but they said the front should be on Scruggs; the water meter is on Scruggs. He said there is another problem building to the easement, the house does not set on the lot straight. Mr. Range asked what Mr. Nelson's motive was in doing this. Mr. Nelson said he wants to build a two-car garage and a second story over part of that area. Mr. Fenimore asked if this would be a one family dwelling. Mr. Nelson said no, it would still be multi-family. Mr. Fenimore said this would be a major renovation. . Mr. Erck said there would be a problem with the amount of parking spaces; there is a requirement of ten for the 4-p1ex. Mr. Nelson said there were eight now and with the addition of the garage, there would be ten parking spaces. Mr. Fenimore asked Mr. Nelson to show where he plants for the ten spaces. There was much discussion by the Board as to how he could do all this building and still have enough spaces. Mr. Rice said if you were going to use Cross Street for the front of the house, you would have observe a 25 foot building line instead of the 15 foot shown on the plat. Mr. Kossler asked how large are the units now. . Mr. Nelson said they are 650 square feet now; the two middle ones would stay the same, but the end ones will be two bedroom and his would be a three bedroom. Page 8 ZBA Minutes June 16, 1983 . Mr. Nelson said this is a very peaceful neighborhood and he would like to be allowed to improve his dwelling. Mr. Nelson said he is blessed in his neighborhood with churches, the Jehovah Witnesses, the Baptist, and the Assembly of God down the street. Mr. Erck asked how close is the church parking on Sunday morning. Mr. Nelson said right next to his fence. Mr. Nelson said if you consider the amount of parking, the Jehovah Witnesses do not have adequate parking. Mr. Kossler asked if the house would conform to the building code for square footage. . Mr. Rice said he had not seen any building plans. Mr. Koss1er said Mr. Nelson stated some of the units would be 650 square feet. Mr. Rice said the requirement is 750 sq. ft. average per building. Mr. Fenimore said that is not this Board's concern. Mr. Range said this Board could grant this request, but when he gets his plans ready, he might need another variance for the square footage. Mr. Range said it might be best to get your plans first and then consolidate your variances. . Mr. Nelson said he cannot continue with his plans until he knows what he can do on this end where he has asked for the variance. He said he plans a kitchen and dining area in back of the garage. ~ Page 9 ZBA Minutes June 16, 1983 . Mr. Erck said he did not see how he could have enough parking spaces. Chairman Roseberry said it might be wise to get with Mr. Rice and see what will be needed and try to design it where it would work. Mr. Nelson said he was told he needed to get this variance first, but he would do whatever the Board suggests. Chairman Roseberry said he might also have problems being too close to the easement, he might need to talk to the utility companies. Mr. Nelson said until he knows how far over he can build, it would be very difficult for the architect to know what to do with the roof line. Chairman Roseberry asked Mr. Rice if he could be of help to Mr. Nelson. . Mr. Rice said he would either have to make the units conform to the required square footage or come back for a variance. He said the requirement is an average of 750 sq. ft. per building; this is heated area. Mr. Nelson said there would be no problem then, the end units will have 1,100 square feet and his until will have about 1,800 square feet and the two small units will be 600 to 650 square feet. Mr. Kossler asked if he ever wanted to convert the garage into a room, would he need a variance. Mr. Rice said he would not. Mr. Koss1er asked Mr. Nelson if he plans to renovate the outside of the building. Mr. Nelson said, yes, he does. . Mr. Range read from pages 54 and 55 from the Zoning Ordinance regarding front yard requirement which states you cannot park in the front yard. ~ Page 10 ZBA Minutes June 16, 1983 . Chairman Roseberry said Mr. Nelson needs to get a copy of the Zoning Ordinance and take it to his architect and see if you can do this. Mr. Nelson said he is not worried because he has a parking lot all around him. Mr. Range said that parking belongs to the Church. Mr. Range said he would recommend this Board defer action and Mr. Nelson get back with his architect and try to work out an alternative design that meets all the City's requirements. Mr. Nelson said he doesn't want to have to come back several times, he would rather get it all done at once. . Mr. Range said he would suggest Mr. Nelson make his plans to meet the parking requirements which would be 10 spaces not using the front for parking. Mr. Nelson requested his variance to be deferred. BA 83-6 POSTPONED Mr. Range made the motion to defer BA 83-6 until a notice is received from the applicant that he is ready to proceed with his variance request. This motion was seconded by Mr. Erck and the motion carried 5-0 with the following vote recorded: Range, yea; Erck, yea; Roseberry, yea; Koss1er, yea; and Fenimore yea. Chairman Roseberry stated he would disqualify himself since he has a principle interest in this next request. He appointed Mr. Range to take his place as Acting Chairman. 3. BA 83-7 Request of Jay Jenkins to vary from the Zoning Ordinance #l79 on Lot lOA, Block 30, College Hill Addition, to allow building and fence to be beyond the side building line. This property is located at the southwest corner of Cardinal Court and Smithfield Road. . ~ Page II ZBA Minutes June 16, 1983 . Mr. Jenkins came forward. He stated he was Superintendent of this project. Mr. Jenkins said the side setback requirement on the side running along Smithfield Road is 20 feet, but he had a mixup between his Engineer and his surveyor who staked out the property. Mr. Jenkins said there was an error of about two feet. He said these are zero lot line duplexes and the corner pin was gone so they set the forms from the center which made it fall about one foot beyond the side building line. . Mr. Jenkins said the Engineer on their preliminary plat showed the lot to be 43.5 but the final plat showed 45.6 and their surveyor used the wrong plat. He said this lot should be two feet wider and they are in the process of replatting it. Mr. Jenkins said actually the building is 1 ft. 2 in. over in the front and 1 ft. 4 in. over in the back. Mr. Fenimore asked Mr. Jenkins if he encroached on Lots lOA and lOB. Mr. Jenkins said that was correct. He said they are replatting five lots. Mr. Fenimore asked where the fence would be. Mr. Jenkins said he wanted to come straight back with the fence so he needed a variance for it also. Mr. Rice said at the time the forms were set, according to the survey, they were right, but then on the next lot, they called the surveyor out and found it was wrong. Acting Chairman Range 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 Acting Chairman called for those wishing to speak in opposition to this request to please come forward. . . . ~ Page 12 ZBA Minutes June 16, 1983 There being no one wishing to speak, the Acting Chairman closed the Public Hearing. BA 83-7 APPROVED Mr. Erck made the motion to approve BA 83-7 as requested. This motion was seconded by Mr. Fenimore and the motion carried 4-0 with the following vote recorded Erck, yea; Fenimore, yea; Range, yea; and Kossler, yea. Chairman Roseberry returned to the table. ADJOURNMENT The meeting adjourned at 8:10 P.M. . . . City of J\8rth Richland Hills, Texas . MINUTES OF 1HE REGUIAR MEETIm OF 1HE Z(NIm In\RD OF ADJUSTMFNr OF 1HE CI1Y OF NRrn RIœI.AND HILLS, TEXAS JULY 14, 1983 - 7:00 P. M. O1airman Roseberry opened the meeting at 7:03 P. M. and stated that due to not enough members for a quorum, this meeting would be rescheduled for July 21, 1983 at 7:00 P. M. S1lVŒNT (817) 281-Q041n301 N.E. LOOP 820/P.O. BOX 18609/NORTH RICHLAND HILLS,TX 76118