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HomeMy WebLinkAboutZBA 1983-11-10 Minutes . . . ~ MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 10, 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: Chairman Secretary Alt. Members Jack Roseberry Marty Erck Ron Hubbard Billy Cypert Dennis Horvath Gene Riddle Wanda Calvert Asst. City Manager Director PW/U P & Z Coordinator ABSENT: Members Hans Kossler Hal Schubert Bill Fenimore CONSIDERATION OF THE MINUTES OF SEPTEMBER 8, 1983 Mr. Erck made the motion to approve the minutes as written. This motion was seconded by Mr. Cypert and the motion carried 4-0 with the following vote recorded: Erck, yea, Cypert, yea, Hubbard, yea, and Roseberry, yea. CONSIDERATION OF THE MINUTES OF OCTOBER 13, 1983 Chairman Roseberry stated that the approval of the minutes of October 13th would have to be postponed until the next meeting due to not enough members being present who were at the meeting. 1. BA 83-23 POSTPONED 10/13/83 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. Page 2 Z B A Minutes November 10, 1983 . Janice Taylor, owner of the property, came forward. She presented a letter from her attorney to the Board requesting this case be postponed until the next meeting since he was out of town. BA 83-23 POSTPONED Mr. Erck made the motion to postpone BA 83-23 until December 8, 1983. This motion was seconded by Mr. Hubbard and the motion carried 4-0 with the following vote recorded: Erck, yea, Hubbard, yea, Cypert, yea, and Roseberry, yea. Mr. Riddle requested that this would be the last postponement of this case. He said the city needs to get this problem resolved. 2. BA 83-24 Request of Roy and Lana Davis to vary from the Zoning Ordinance #179 on a portion of Tract 3, John Condra Survey, Abstract 311, to allow them to have more than 4 horses in a private stable in Agricultural zoning. This property is located on the north side of Starnes Road, approximately 150 feet west of the private road leading to the water tower. . Mr. Davis came forward. He said they were trying to purchase 14 acres of land and plan to erect a metal barn, approximately 80 feet by 200 feet; a portion will be enclosed and a portion will be an arena. Chairman Roseberry asked if they plan any commercial use of this property. Mr. Davis said they did not. He said it would be used for his wife's hobby, show horses. Mr. Davis said these horses must be housed; they cannot be left out in the weather. Mr. Davis said this stable will be built of steel and to the city codes. . ~ Page 3 Z B A Minutes November 10, 1983 . Mr. Erck asked how far does he plan to have his residence from this stable. Mr. Davis said their residence will be approximately 150 feet up the hill from this stable. Chairman Roseberry asked what the acre in the middle of this acreage was for. Mr. Davis said he had them release one acre to get financing for the barn. He said the barn will be located on this one acre. Chairman Roseberry asked Mr. Riddle about the restriction to only 4 horses. Mr. Riddle said it was only in the definitions. . Chairman Roseberry asked if they had a farm in Agricultural zoning, could they have more than 4 horses. Mr. Riddle said they could not. He said it did not mention cattle, just horses. Mr. Riddle said he felt there had been something left out of this Zoning Ordinance; he felt it should be allowed in Agricultural zoning. Mr. Erck said he lives in this area and asked if there wasn't already stables there. Mr. Davis said he had noticed a place at the corner of Starnes and Douglas which is very run down, but that is the only one he knows about. Chairman Roseberry said an adjoining property owner, Dr. Hahn, had called him about this request. He said Dr. Hahn was unable to attend the meeting, but would not be against this request if it would not be used for commercial. . ~ Page 4 Z B A Minutes November 10, 1983 . Mr. Cypert asked if the amount of land is taken into consideration. He said in Haltom City, it is so many animals per acre. Mr. Riddle said our ordinance does not have that. He said North Richland Hills also has a nuisance ordinance which states they cannot be within 100 feet of a residence. Chairman Roseberry opened the Public Hearing and called for those wishing to speak in favor of this request to please come forward. Mr. & Mrs. Don Fisher came forward. Mr. Fisher said they now live in Colleyville, but have purchased 6 acres adjacent to this property. Mr. Erck asked if they plan to board horses on Mr. Davis's property. . Mr. Fisher said they did not, but they plan to build them a home on their 6 acres. Chairman Roseberry called for those wishing to speak in opposition to this request to please come forward. . Mrs. Calvert said Irma S. Wong is in the audience and requested she read her statement of opposition: "TO EVERYBODY CONCERNED: I strongly object to the variance requested from the City of North Richland Hills to allow more than four horses in the property for the following reasons; 1. It will create a health hazard with flies and smells, etc. 2. Because the land in that area in Starnes Road is best suited for residential use, allowing more than four horses will cause the value of the property to go down and that area may become a distressed area concerning their value. North Richland Hills is in the path of growth; allowing more than four horses will slow down the growth or stop it." ~ Page 5 Z B A Minutes November 10, 1983 . Chairman Roseberry closed the Public Hearing. Mr. Hubbard said if this Board grants this variance, will we have to keep a check to see if they have. too many horses. Mr. Riddle said they must abide the city ordinances. He said if the Board grants this variance, it should be granted to these people only so if they ever sell the property, this variance would cease to exist. Mr. Hubbard asked if the city has a Master Plan for this area. Mr. Riddle said no, it is only Agriculture. . Chairman Roseberry said being in Real Estate, he has found that the larger tracts are more valuable than the smaller tracts. Mr. Hubbard asked how many horses they have. Mr. Davis said they have 15 horses. He said they will have approximately 12 to 13 stalls. Chairman Roseberry said the variance is not for how many horses they can have on the land, but how many they can have in the stable. Mr. Riddle said the Board can restrict the number of horses they may have. Mr. Hubbard said not ever living on acreage, he does not know if this is too many or not. Chairman Roseberry said some cities have ordinance restricting so many horses to the acre. . . . . Page 6 Z B A Minutes November 10, 1983 BA 83-24 APPROVED ADJOURNMENT ~A¿~ SÉCRE ÁRY ZONING BOARD OF·· ADJUSTMENT ~ Chairman Roseberry said he lives next a 6 acre tract which has from 3 to 10 horses there and he loves it. He said it is how the people care for them. Mr. Cypert asked Mr. Davis if he ever plans to have more than two horses per acre. Mr. Davis said he did not. Mr. Erck made the motion to approve BA 83-24 with the stipulation that it be to Roy and Lana Davis and that not more than two horses per acre be allowed. This motion was seconded by Mr. Cypert and the motion carried 4-0 with the following vote recorded: Erck, yea, Cypert, yea, Hubbard, yea, and Roseberry, yea. The meeting adjourned at 7: 35 P. M.