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HomeMy WebLinkAboutZBA 1983-10-13 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 13, 1983 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Jack Roseberry, at 7:03 P.M. ROLL CALL PRESENT: CHAIRMAN MEMBERS Jack Roseberry Hal Schubert Hans Kossler Bill Fenimore Billy Cypert Dennis Horvath Gene Riddle Wanda Calvert ALT. MEMBER ASST. CITY MANAGER DIRECTOR PW/U P & Z COORDINATOR ABSENT: SECRETARY ALT. MEMBER Martin Erck Ron Hubbard CONSIDERATION OF THE MINUTES OF SEPTEMBER 8, 1983 Chairman Roseberry said since the the Board did not receive copies of the minutes to read, the approval will have to be postponed until next month. . NEW BUSINESS Mrs. Calvert requested that item #5 be moved to the first on the agenda since Assistance City Manager Dennis Horvath needs to speak on the matter and he has another appointment he must keep. Mr. Fenimore made the motion to move item #5 to item #1 on the agenda. This motion was seconded by Mr. Schubert and the motion carried 5-0. 5. BA 83-23 Request of Gene Riddle, Director of Public Works/Utilities to determine that used vehicle sales is not allowed and does not fall under the non-conforming use on Tract 8, John's Addition. This property is located at 6432 Davis Boulevard. . Assistant City Manager Dennis Horvath came forward. He stated that the Director of Public Works/Utilities Gene Riddle had asked him about a car lot on Davis Boulevard. Mr. Horvath said he travels this road daily and said he had never seen a car lot on this property until recently. ~ Page 2 Z B A Minutes October 13, 1983 . Mr. Horvath said they checked with the State on September 23, 1983 and found that a permit was issued to J & G Auto Sales in October, 1982. Mr. Horvath said the owner states they have been using this property for the sale of used autos since it was zoned in 1971, but if they have, they must have sold them without a sales permit until October, 1982. Mr. Horvath said the City Zoning Ordinance states under non-conforming use that if you cease operation for 6 months, it reverts back to the previous zoning. Mr. Riddle said it must conform to our present zoning if they have ceased business for 6 months. . Mr. Horvath said if they sold used autos in 1971, then stopped for a 6 month's period, they would have to have a zoning change. Chairman Roseberry read from the Zoning Ordinance #179, Article XXVI, Section II, Pages 86 and 87: "The lawful use of land existing at the time of the passing of this ordinance, although such does not conform to the provisions thereof, may be continued, but if said non-conforming use is discontinued for a period of six months, any future use of said premises shall be in conformity with the provisions of this ordinance." Mr. Horvath said the owner states this property was zoned in 1971 for the sale of used autos. Mr. Riddle told the Board they have exerts of the minutes of that meeting. He said the minutes reads like the zoning was for a truck lot for parking trucks. . Mr. Riddle said the amendment to the zoning ordinance requiring a Specific Use was passed in 1977. ~ Page 3 Z B A Minutes October 13, 1983 . Chairman Roseberry said it is the intent of the Zoning Ordinance to discontinue or do away with all non-conforming uses. Janice Taylor, 6432 Davis Blvd., owner of the property, came forward. She said she only received the letter about this meeting on October 11th and did not have time to hire someone who knew all about zoning to represent her. . Ms. Taylor said she bought the property from Mr. Hay with the stipulation it was zoned for a truck or car lot and a welding shop. She said she has a copy of the ordinance which was signed by the P & Z and the Mayor. Ms. Taylor said they had continually sold autos since buying the property. She said they bought the property with the intent of having a car lot and welding shop on it. Ms. Taylor said she came in with Mr. Hay and the zoning was granted in 1971. Chairman Roseberry asked Ms. Taylor if she would like to request this case be postponed to allow her time to supply this Board with proof she has done business on this property continually since 1971. Ms. Taylor said she did not see why she had to prove she had done business there. She said she felt the city should have to prove she had not done business there. Mr. Fenimore told Ms. Taylor that the city says she is doing something non-conforming and this Board must choose who is right and who is wrong. Ms. Taylor said she could prove they had done business continually and requested this case be postponed to give her time to get an attorney. . ~ Page 4 Z B A Minutes October 13, 1983 . BA 83-23 POSTPONED Mr. Schubert made the motion to postpone BA 83-23 until next month's meeting on November 10, 1983. This motion was seconded by Mr. Cypert and the motion carried 5-0 with the following vote recorded: Schubert, yea, Cypert, yea, Kossler, yea, Fenimore, yea, and Roseberry, yea. 1. BA 83-19 Request of A. Caesar DeMichielli to vary from the Zoning Ordinance #179 on Lot 8, Block 5, Foster Village Addition, to allow fence to be built beyond the side building line. This property is located at 6828 Fair Meadows Drive. . Mr. DeMichielli came forward. He stated they built the fence for security reason, they had just went through a terrible experience. He said an individual got inside their home and threatened his wife and then went to her office and threatened her. Mr. DeMichielli said he must protect his family and home. He said he built the fence according to the survey, then he received a not on his door saying he would be fined. Chairman Roseberry asked Mr. DeMichielli if the fence was over the property line or over the building line. Mr. DeMichielli said it was over the building line. He said their windows are very low and they need the fence. Mr. Fenimore asked Mr. Riddle about the set back. He said the plat shows a 15 foot building line. Mr. Riddle said all the houses have a 25 foot building line. He said this house re-established the 25 foot building line. . Mrs. DeMichielli said their house was set back because they wanted to save a tree. ~ Page 5 Z B A Minutes October 13, 1983 . Mr. Riddle said the New Proposed Zoning Ordinance will allow this without having to go before this Board. Mr. Schubert asked Mr. DeMichielli if they felt more secure with the fence. He said he felt a criminal could get inside a fence and only you could see him. Mr. Schubert asked if the fence would go all around the house. Mr. DeMichielli said it goes from the driveway to the rear of the yard. Mr. Fenimore said Mr. DeMichielli has a side entry garage and the entire front of the house is open and there would be no site problem. 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. BA 83-19 APPROVED Mr. Kossler made the motion to approve BA 83-19 as requested. This motion was seconded by Mr. Schubert and the motion carried 5-0 with the following vote recorded: Kossler, yea, Schubert, yea, Fenimore, yea, Cypert, yea, and Roseberry, yea. 2. BA 83-20 Request of Carl Shelton to vary from the Zoning Ordinance #179 on Lot 7, Block 18, North Richland Hills Addition, to be allowed to have a carport beyond the front building line. This property is located at 7001 Deville Drive. . ~ Page 6 Z B A Minutes October 13, 1983 . Mr. Shelton came forward. He said he put up this carport to protect his car since the garage had already been enclosed when he bought the house about 5 years ago. Chairman Roseberry asked what the carport was made of. Mr. Shelton said it was made of wood with composition shingles. Mr. Fenimore asked if he built it without a permit. Mr. Shelton said he did. He said it was red-tagged so he called the City Hall and spoke to a gentleman there who said if they had no complaints, he would be all right. Chairman Roseberry asked if the carport was attached to the house. . Mr. Shelton said it was, it was built into the roof. Mr. Schubert said he lives down the street and had seen the carport before. He asked Mr. Shelton if he built it and then added on to it; he said it looks like it was built short and then added onto it with a slant to it. Mr. Shelton said that was correct. Mr. Schubert said the Board received a letter from a neighbor, Ralph J. Schmidt at 7000 Deville Drive, which stated " We are unable to attend on the date noted. We would have no objection to the variance provided some additional work is performed to improve the appearance of the now shed-like carport which already exists." . Mr. Shelton said he plans to repaint the carport when he gets this problem straightened out. ~ Page 7 Z B A Minutes October 13, 1983 . Chairman Roseberry asked if any part of the carport was enclosed. Mr. Shelton said it was not. He said there was an existing fence there when he bought the property. Mr. Schubert said the Board is only concerned with the requested variance, not the construction of the carport. Mr. Shelton said he would agree to improve the carport if they would grant the variance. Mr. Riddle said the city has had several complaints because it looks very bad and does not meet the city building code. He said Mr. Shelton might have to tear it down. . Chairman Roseberry said if the Board grants a variance, Mr. Shelton might have to tear the carport down and start over. He asked Mr. Riddle if the Board granted this variance, would the city require Mr. Shelton to bring the carport up to code or tear it down? Mr. Riddle said they would. 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. Schubert said this Board receives many requests after the fact which makes it difficult for the Board. He said he felt it should be built according to the building code. . . . ~ Page 8 Z B A Minutes October 13, 1983 BA 83-20 APPROVED Mr. Fenimore made the motion to approve BA 83-20 with the stipulation that he obtain a building permit and re-build the carport to the city building code. This motion was seconded by Mr. Kossler and the motion carried 5-0 with the following vote recorded: Fenimore, yea, Kossler, yea, Schubert, yea, Cypert, yea, and Roseberry, yea. 3. BA 83-21 Request of James L. Coburn, Jr. to vary from the Zoning Ordinance #179 on Lot 9, Block 11, North Richland Hills Addition, to be allowed to install a fence beyond the side building line on Turner Terrace. This property is located at 4400 Cummings Drive. Mr. Coburn came forward. He said they have a Burger King behind them which causes them to have an enormous amount of trash. Mr. Coburn said they want the fence for more privacy and for sanitation. He said he could also park his boat in the back yard behind the fence. Chairman Roseberry asked if Burger King was required to have a fence. Mr. Coburn said Burger King has a brick wall for a fence but not on Turner. He showed pictures of the area to the Board. Mr. Coburn said he had torn down two sections of an old fence there and then came down to the city for a permit to install all new fence. Mr. Kossler asked Mr. Coburn if he had complained to the city about the trash. Mr. Coburn said he spoke to the manager of Burger King and he was very nice about it. Chairman Roseberry asked where he planned to put the fence. ~ Page 9 Z B A Minutes October 13, 1983 . Mr. Coburn said he would like to put it 4 inches inside the property line. He showed the Board where he would like to put the fence. Mr. Schubert asked Mr. Coburn if he would have a problem in backing out, could he see well enough. Mr. Coburn said he had checked this out and he would have no problem. Mr. Fenimore said there would be no problem for anyone except maybe for Mr. Coburn in being able to see. Mr. Coburn said there would be plenty of view. Mr. Coburn said he loves a large lot and would like to have as much of his lot enclosed as possible. . Chairman Roseberry asked Mr. Riddle if Burger King was in violation. Mr. Riddle said they were not. Mr. Schubert asked what kind of fence Mr. Coburn plans to install. Mr. Coburn said he plans to install a 6 foot wood fence with the smooth side out and he would also like to put an 8 foot high fence across the back if that would be permissible. Mr. Riddle said all he would need would be a permit to put up the 8 foot fence across the back. 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. . ~ Page 10 Z B A Minutes October 13, 1983 . There being no one wishing to speak, the Chairman closed the Public Hearing. Mr. Schubert asked Mr. Coburn if he had contacted any of his neighbors regarding this matter. Mr. Coburn said he had talked with several of them and did not find any negative reaction. BA 83-21 APPROVED Mr. Schubert made the motion to approve BA 83-21 as requested. This motion was seconded by Mr. Kossler and the motion carried 5-0 with the following vote recorded: Schubert, yea, Kossler, yea, Fenimore, yea, Cypert, yea, and Roseberry, yea. 4. BA 83-22 Request of Don J. Norris, Jr. with Central Home Builders to vary from the Zoning Ordinance #179 on Lot 13, Block 1, Foster Village Addition, to allow fence to be 16 feet beyond the side building line. This property is located at 6823 Springdale Lane. . Mr. Norris came forward. He said the fence is already up and the posts are on the 15 foot building line. Mrs. Calvert said he told her the fence was beyond the building line which would be the city right of way. Mr. Norris said he thinks the posts are on the building line. Mr. Fenimore asked Mr. Norris if he got a permit to put up the fence. Mr. Norris said he thought the fence contractor got one. He said he had to have the fence on the building line or it would ruin the place for the gate. Chairman Roseberry asked if a permit was needed for a fence when it was a new house. . ~ Page 11 Z B A Minutes October 13, 1983 . Mr. Riddle said they would need a permit. Mr. Fenimore asked Mrs. Calvert of a permit was issued. Mrs. Calvert said to her knowledge, there was no permit issued. Mr. Schubert said this is another case sent to this Board after the fact. Mr. Fenimore explained to Mr. Norris if he had taken out a permit, he would have been told where he could put the fence. . Mr. Fenimore said if Mr. Norris puts his fence up on the building line, then the property owner behind him will want to put his up there, also. He said he did not feel it was a hardship just wanting the fence there so he could have a gate on the said street. Chairman Roseberry asked about the new Proposed Zoning Ordinance. Mr. Riddle said it will allow fences and shrubbery to be beyond the building line, but not outside the property line as this shows. 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. . Chairman Roseberry said he feels they should take out a permit. Page 12 Z B A Minutes October 13, 1983 . BA 83-22 APPROVED 5. BA 83-23 OLD BUSINESS . ADJOURNMENT ß~~ ~~ SECRETARY ZONING BOARD OF ADJUSTMENT . ~ Mr. Riddle said when they come in for a permit the city requires them to give us a drawing showing where they want the fence; then we tell them where they may put the fence. He said then after the fence is installed, the inspector goes out and checks to see if the fence is installed in the proper place and also checks the wind load. Mr. Schubert made the motion to approve BA 83-22 with the stipulation they obtain a fence permit and make sure the fence is within or on the property line. This motion was seconded by Mr. Fenimore and the motion carried 5-0 with the following vote recorded: Schubert, yea, Fenimore, yea, Kossler, yea, Cypert, yea, and Roseberry, yea. Moved to first on the Agenda. Chairman Roseberry asked Mr. Riddle if the amendment to the Zoning Ordinance regarding the Zoning Board of Adjustment was approved. Mr. Riddle said it was not approved. The meeting adjourned at 8:15 P. M.