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HomeMy WebLinkAboutZBA 1983-12-08 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS DECEMBER 8, 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 Members Alt. Members Jack Roseberry Martin Erck Harold Schubert Hans Kossler Bill Fenimore Ron Hubbard Billy Cypert Harold Newman Dennis Horvath Gene Riddle Wanda Calvert Councilman Asst. City Manager Director PW/U P & Z Coordinator CONSIDERATION OF THE MINUTES OF OCTOBER 13, 1983 Mr. Fenimore made the motion to approve the minutes as written. This motion was seconded by Mr. Schubert and the motion carried 5-0 with the following vote recorded: Fenimore, yea, Schubert, yea, Roseberry, yea, Kossler, yea, and Cypert, yea. Erck and Hubbard abstained since they were not present at the meeting. . CONSIDERATION OF THE MINUTES OF NOVEMBER 10, 1983 Mr. Erck made the motion to approve the minutes as written. This motion was seconded by Mr. Hubbard and the motion carried 4-0 with the following vote recorded: Erck, yea, Hubbard, yea, Roseberry, yea, and Cypert, yea. Schubert, Kossler, and Fenimore abstained since they were not present at the meeting. 1. BA 83-23 POSTPONED 10/13/83 & 11/10/83 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. . Janice Taylor, 6432 Davis Boulevard, came forward and introduced her attorney, Don Prager. ~ Page 2 Z B A Minutes December 8, 1983 . Don Prager, 3220 North Freeway, Fort Worth, Texas, came forward. He asked what the problem was. Mr. Prager said Ms. Taylor has the proper zoning on her property. Mr. Riddle said the city is taking the position that her property is not zoned for auto sales and also does not fall under the non-conforming use. Mr. Prager said Ms. Taylor bought the property in 1971 contingent on receiving the "Commercial" zoning which was required at that time to sell autos. He said they made application for a zoning change from Agriculture to Commercial for a welding shop and used car and truck sales. Mr. Prager said the next day after they received the zoning, the contract was closed, June, 14th, 1971. He said it was unrestricted and now they are trying to say there is an amendment. . Mr. Prager said Ms. Taylor was not operating under a non-conforming use, she is operating under the commercial zoning. Mr. Prager said the city says she has not been selling cars, but she sold three cars the week before Thanksgiving. He said she has been in the business of selling cars for 12 years; she has not changed any. Mr. Prager said he might could agree with Mr. Riddle is Ms. Taylor had sold her business, then the zoning which she received in 1971 might not be good. Mr. Prager said someone called Ms. Taylor and said something about a 6 month period. He said he could not find anywhere in the Zoning Ordinance which s~id anything about it. . Page 3 Z B A Minutes December 8, 1983 . Chairman Roseberry said it was on page 86 of the Zoning Ordinance #179. He read under Non-conforming use": 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. Prager said she conforms, she has ten cars there now. Chairman Roseberry said this Board requested at both previous meetings that Ms. Taylor bring proof that she had sold cars during this time. Mr Prager said she had not ceased to have a business; but it does not say she had to sell cars. . Chairman Roseberry said she would have had to have a license to be in business. Mr. Prager said she has had a license since October, 1982. He said if the Board needs proof, he would request more time. Ms. Taylor said anyone can sell cars as long as they change the license number. She said she bought cars, had them changed to her name, then sold them, but that took too long. Ms. Taylor said it would be six weeks before she could sell a car because it took so long to get the title back from Austin. She said she requested a dealers license and received it October, 1982 so she would not have this wait, she could sell a car she just bought the next day. Mr. Schubert asked Ms. Taylor if she has a valid dealer's license now. . Ms. Taylor said she has had one since October, 1982. ~ Page 4 Z B A Minutes December 8, 1983 . Dennis Horvath, Assistant City Manager, came forward. He said most of what Ms. Taylor has said is correct; the property was zoned commercial in 1971 for a truck lot and welding shop. Mr. Horvath said, also, the amendment which was passed requiring a Specific Use did not affect her since they were in business at that time; this made them non-conforming, but if they discontinued sales for a period of at least six months, they would have to have a Specific Use permit. Mr. Horvath said the city feels she has not sold cars all the time since this amendment was passed in 1977. He said we know that she received a dealer's license in 1982, but we feel she ceased to sell cars for at least a six month period between 1977 and 1982. Mr. Kossler asked what proof the city has. . Mr. Horvath said if they had been selling cars there all this time, they should have had a dealer license and had a sign or something showing they were in business. Mr. Erck said it seems to him there has been a violation of the city ordinance prior to October, 1982. He said he feels Ms. Taylor should have to prove that she has sold cars. Chairman Roseberry asked Mr. Horvath what she needed to bring. Mr. Horvath said she could bring sales receipts and sales tax records. . Mr. Riddle said she only posted a sign last year, J & G Auto Sales, and now she has started putting the price on the windshield of the vehicles. He said he counted six cars there today. Mr. Riddle said there had been no indication that there was a business there until lately. He said there are large moving van trucks parked there indicating a truck parking lot. Page 5 Z B A Minutes December 8, 1983 . Mr. Riddle said Ms. Taylor has not presented any sales invoices. Mr. Schubert asked if they have to pay city sales tax. Mr. Riddle said it is not required for dealers. Mr. Prager said Ms. Taylor has sold many cars; she buys them, puts them in her name, then sells them. He said he was surprised that Mr. Riddle would take a five year period and say that sometime during that time Ms. Taylor had not sold cars for a six month period. He said if Mr. Riddle would set a definite six month period, Ms. Taylor would provide sales receipts, but he is asking this Board to take away a vested right of his client. Mr. Prager said you do not have to have a sign to sell cars. . Chairman Roseberry said he has a business on Davis Boulevard and asked Mr. Prager, since he is an attorney, if it would be permissible to sell cars at his business. Mr. Prager said if Mr. Roseberry casually bought and sold cars as a hobby, he could not, but if he were selling them for a profit, for a business, he could. He said "sale or offer for sale" satisfies this ordinance. He said Ms. Taylor bought cars, fixed them up, and sold them. . Chairman Roseberry read from page 103 of the Zoning Ordinance #179 the definition of "Used Car Lots": A lot or portion thereof to be use only for the display and sale of automobiles that are in condition to be driven on or off the lot. A used car lot shall not be used for the storage of wrecked automobiles, or the dismantling of automobiles, or the storage of automobile parts." Page 6 Z B A Minutes December 8, 1983 . Chairman Roseberry said it is the burden of the Board to decide on this request and this Board has requested proof of sales from Ms. Taylor at the past two meetings and she has not provided it. Ms. Taylor said she would furnish proof if they would give her a definite time. She said why give her the burden of providing proof, it should be Mr. Riddle's responsibility to give a definite time span. Chairman Roseberry asked if she felt her car lot met the definition of a car lot in our ordinance. Ms. Taylor said she did. She said they keep the grass mowed and all cars are driveable; there are no wrecked autos. Mr. Fenimore asked Ms. Taylor if they had actually sold cars since 1971. . Ms. Taylor said she had. She said she had purchased two cars from the City of North Richland Hills and one from Northeast Wrecker service which had to be verified by the City, but she got clear titles. Ms. Taylor said the cars she bought from the city was at their auction. Mr. Fenimore asked why she just put up a sign. Ms. Taylor said she had previously been selling them in conjunction with the welding shop, but it took so long to get the titles back, she decided to get a dealers license. Mr. Fenimore asked if it took her eleven years to decide to get a dealers license. . Ms. Taylor said the welding business slowed down and the used car business picked up so she applied for and received a state license. She said they also wanted to separate the two businesses. Page 7 Z B A Minutes December 8, 1983 . Ms. Taylor said putting up a sign was also a requirement for getting a dealers license, you have to have it. Mr. Erck asked in the last five years, has the city ever come out to see you, did she ever get a citation. He asked Mr. Riddle if they had checked for anyother violations there. Mr. Riddle said she has a large lot and he does not feel she would be in violation of anything except the sign ordinance and maybe the nuisance ordinance. Chairman Roseberry asked Mr. Riddle why the city checked Ms. Taylor. Mr. Riddle said they had complaints that she was selling used cars there. . Mr. Kossler made a motion to call a recess. This motion was seconded by Mr. Fenimore and the motion carried 5-0. RECESS The Chairman called a recess at 7:50 P. M. BACK TO ORDER The Chairman called the meeting back to order at 7:55 P. M. with the same members present. Mr. Prager came forward. He said Ms. Taylor is operating as J & G Auto Sales; she has insurance, printed checks, etc as such. Mr. Hubbard asked when this went into effect. Ms. Taylor said in October, 1982. Mr. Schubert said this Board is asking for proof and he request Ms. Taylor pick five six-month periods within this five year period and bring proof. . Ms. Taylor said Mr. Riddle would not tell her who complained about her and she felt he should tell her. ~ Page 8 Z B A Minutes December 8, 1983 . Mr. Riddle said there was nothing showing there was a business there from 1977 to 1982. He said this is the third meeting on this, we have asked for proof, she has not provided it, and request this Board not postpone this again. Chairman Roseberry said at both previous meetings, this Board asked Ms. Taylor if she had records and she said she did; this Board asked if she would bring them and she said she would, but she has not. Mr. Prager said they do not feel they should have to bring records for five years. Mr. Kossler read from the minutes of October 13, 1983 stating they would postpone the meeting to give her time to provide this Board with records. He said he felt it was time to vote. . BA 83-23 POSTPONED Mr. Kossler made the motion to postpone this meeting for a week to give Ms. Taylor time to furnish this Board proof that she sold at least two cars per year from 1977 to 1982. Mr. Riddle said we need all sales in that period. He said they could sell two cars in one month and not sell any the rest of the year. Mrs. Calvert said there are already two meetings next week and the council chamber would be in use and she would not be available to take the minutes. Chairman Roseberry requested she find a place for the meeting to be held at 7:00 P.M. Thursday, December 15th, and someone to take the minutes. . The motion was seconded by Mr. Schubert and the motion carried 3-2 with the following vote recorded: Kossler, yea, Schubert, yea, Roseberry, yea, Erck, nay, and Fenimore, nay. Page 9 Z B A Minutes December 8, 1983 . 2. . BA 83-25 BA 83-25 APPROVED ADJOURNMENT . SECRETARY ZONING BOARD OF ADJUSTMENT h ;ΕΎ:¿-£)£ ~ Request of William Peifer to vary from the Zoning Ordinance #179 on a portion of Lot 1, Block 2, Tapp Addition, to allow building #21 of the Hilltop Apartments to be beyond the front building line. This property is located at 6404 Industrial Boulevard. Mr. Peifer came forward. He said he represents Hilltop Apartments. Mr. Peifer said this was a construction error; there were two plans and one varied approximately 2.5 feet which made this building slightly over the building line. Mr. Peifer said the dimensions are along a curve. Mr. Riddle asked if this was the site plan he submitted for a building permit. Mr. Peifer said it was not, this is the one he submitted to Mrs. Calvert for the variance. Mr. Peifer said they did not notice the error until after the building was built. 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 made the motion to approve BA 83-25 as requested. This motion was seconded by Mr. Kossler and the motion carried 5-0 with the following vote recorded: Schubert, yea, Kossler, yea, Erck, yea, Roseberry, yea, and Fenimore, yea. P. M.