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HomeMy WebLinkAboutZBA 1982-08-19 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 19, 1982 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, H. B. Helton, at 7:05 P. M. ROLL CALL PRESENT: CHAIRMAN SECRETARY MEMBERS H. B. Helton Jack Roseberry Jesse Range E . K . Ha h n Martin Erck COUNCILMAN BUILDING OFFICIAL P & Z COORDINATOR ABSENT: ALT. MEMBER Harold Newman Bill Rice Wanda Calvert Bill Stimmel CONSIDERATION OF THE MINUTES OF JULY 8, 1982 Mr~ Range moved to postpone the consideration of the minutes since the Board had not received a copy. . This motion was seconded by Mr. Roseberry and the motion carried 5-0. 1 ~ .BA 82-8 POSTPONED 7-8-82 Request of Ralph M. Iglesias to vary from the Zoning Ordinance #179 on Lot 10, Block 46, Richland Terrace Addition, to be allowed to build a fence beyond the side bu i 1 ding 1 i ne. This property is located at 5100 Abby Road. The Chairman called for Mr. Iglesias or a representative to come forward. No one came forward. The Chairman moved BA 82-8 to the end of the Agenda. 2. SA 82-10 Request of Mark W. Young to vary from the Zoning Ordinance #179 on Lot 24, Block 4, Meadow Lakes Addition, to be allowed to build a fence two feet beyond the side building line-. This property is located at 6501 Meadow Lakes Court. . Page 2 Z B A t~i nutes August 19, 1982 . Mark Young came forward. He said #1, there are 7 windows and a door with several panes in it on the west side of their house and he wants to secure that side of the house; #2, He said he has a 3 year old daughter and since there is lots of traffic, he wants to feel comfortable when she is outside; ,and #3, Mr. Young said he feels this fence would enhance the property. Mr. Erck asked Mr. Young when he backs out his drive, would he have any problem with the view. Mr. Young said there is no problem with the view and all the neighbors see no problem with it. He said it is 28 feet from the house to the street. Mr. Helton asked Mr. Rice if he could see any problem. . Mr. Rice said he didn't see any problem, but there is always that chance. The Chairman asked Mrs. Calvert if there had been any correspondence. Mrs. Calvert said she had not received any. The Chairman 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 in favor of this request, 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. SA 82-10 APPROVED Mr. Range made the motion to approve BA 82-10 as requested. This motion was seconded by Mr~ Erck. Dr. Hahn asked the height of the proposed f e nc e., . Page 3 Z B A ~1i nutes August 19, 1982 . Mr. Young said it would be a 6 foot stockade fence. The motion carried 5-0 with the follow- ing vote recorded: Range, yea, Erck, yea, Helton, yea, Hahn, yea, and Roseberry, yea. 3. SA 82-11 Request of Martin Development Corp. to vary from the Zoning Ordinance #179 on Tracts 2A3D, 2A3Dl, and portions of Tracts 2A4B and 2A38, Abstract 1588, J. M. Vandusen Survey, (proposed Meadow Ridge Estates Addition), to be allowed to have 25 ft. building lines instead of the required 30 ft. and the depth of the proposed Lot 17 be 102 feet instead of the required 110 feet. This property is located approximately 250 feet south of Meadow Lakes Drive, 125 feet east of Lariat Drive, and approximately 160 feet west of Rufe Snow Drive. . David Martin, President of Martin Develop- ment Corp. came forward. He said they submitted a preliminary plat to the Planning and Zoning Commission which was approved. He said the Commission said before they could approve the final plat, he would need to go before thts Board for a variance on the building lines and the depth of Lot 17. Mr. Martin said Lot 17 is 8 feet short of the minimum depth. He said it has the necessary square footage. Mr. Martin said this is the only way this lot can be with the necessary curve in the street. Mr. Martin said the reason for the request for the 25 foot building lines is so there would be room for a tennis court or pool in the back yard. He said the 25 foot building lines would ëoincide with Meadow Lakes Addition. . Mr. Martin said his lots would be larger than those in Meadow Lakes, but when you have a 2000 sq. ft. house with a drive turn around, they would need the 25 foot building line in order to have room for a pool, tennis court, or a little garden. Page 4 Z B A Minutes August 19, 1982 . Mr. Martin said he felt the only person who might have a complaint would be Mr. Lyle Welch whose property backs up to Lot 17, but said he talked to Mr. Welch and he said he had no problem with it. Mr. Martin said he talked with the neighbors and doesn't think any objected to this. Mr. Roseberry said he could not understand why this request would come before this Board. He said they usually only handle one lot variance requests. Mrs. Calvert said the Planning and Zoning Commission could not approve the final plat without these variances. Mr. Erck asked if these lots had the 12,000 sq. ft. minimum. . Mr. Martin said they all did. He said he wants his subdivision to look like the Meadow Lakes Addition, since their's is adjacent to it. Mr. Range said Page 89 of the Zoning Ordinance states the jurisdiction of the Zoning Board of Adjustment. Mr. Roseberry said he had been on this Board for many years and had never had a variance request for a whole subdivision before. Mr. Rice said Page 89 states if the City Staff rejects a person IS request, he has the right to go before you for a variance. He said the Staff would have to reject this plat and he feels this would be grounds for the Zoning Soard of Adjustment to act. Mr. Erck said he feels this Board has the jurisdiction in this case. He said all this Board would be doing is to open the door for the Planning and Zoning Commission to be able to approve or deny this plat. Mr. Helton said he felt that was true. . Dr. Hahn said he sees no objection to the plat. Page 5 Z B A Minutes August 19, 1982 . Mr. Roseberry said he would like to have an opinion from the City Attorney on this. Dr. Hahn said he felt this procedure was correct. Mr. Range read portions of Page 89 of the Zoning Ordinance. He stated this is well within the limits of this Board. The Chairman asked Mrs. Calvert if there had been any correspondence. Mrs. Calvert said she had not received any. BA 82-11 AP PROV ED The Chairman 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 in favor of this request, 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. Dr. Hahn made the motion to approve BA 82-11 pending a statement from the City Attorney regarding the Board's procedure in this case. . This motion was seconded by Mr. Roseberry and the motion carried 5-0 with the follow- ing vote recorded: Hahn, yea, Roseberry, yea, Helton, yea, Range, yea, & Erck, yea. 1. BA 82-8 The Chairman called for Mr. Iglesias or a representative to come forward. No one came forward. Mr. Erck made a motion to deny SA 82-8 since the person was not concerned enough to come to the meeting. Mr. Helton asked Mr. Rice if there was any construction done on the fence. . Mr. Rice said they had the holes dug and he red-tagged them. Page 6 Z B A Minutes. August 19, 1982 . Dr. Hahn said he was not sure they could deny these people the right to a hearing. Mr. Range asked Mrs. Calvert if she was sure they knew they were expected to be at this meeting. Mrs. Calvert said she sent them a letter stating their request would be heard on July 8, 1982 at 7:00 P. M. and their presence was required for the Board to act on this request. She said then on the morning of July 8th, she called and talked to Mrs. Iglesias and reminded her of the meeting at 7:00. Mrs. Calvert said Mr. or Mrs. Iglesias did not attend the meeting of July 8th. . Mrs. Calvert said she sent them a letter dated July 9th stating that since they did not appear at the July 8th meeting, their request was postponed until August 12th at 7:00 P. M. She said she also stated if this date was not convenient or if they did not wish to pursue this request to notify her as soon as possible, but they did not contact. her. Mrs. Calvert said she called Mrs. Iglesias on August 13th and stated they did not have a quorum on August 12th and their request would be heard on August 19th at 7:00 P. M. and Mrs. Iglesias said that date was fine. Mrs. Calvert said she called Mrs. Iglesias on the morning of August 19th reminding her of the meeting to be held at 7:00 P. M. Mr. Roseberry said this man does roofing for him and when he missed the first meeting, he talked to him and Mr. Iglesias said they had decided to sell their house, but then again he said they decided not to sell. Mr. Range said #4 of the list of questions the Board is to ask about the request: "ls the spirit of the ordinance being complied with and is justice being substantially served?" He said they would be violating it. . Page 7 Z B A Minutes August 19, 1982 . BA 82-8 WITHDRAWN . ADJOURNMENT . Dr. Hahn said he would recommend they just withdraw this request from the agenda. Mr. Erck said the people usually come before the Board after they have done their work and the Board feels they have to pass the request. Dr. Hahn said he felt the same way, but he felt the Board could not just deny this request because they did not appear. Mr. Erck withdrew his motion. Dr. Hahn made the motion that BA 82-8 be withdrawn from the agenda until such time these people agree to appear at a specified meeting, and that a ruling be obtained from the City Attorney regarding the procedure of the Board to rehear this case. This motion was seconded by Mr. Range and the motion carried 4-1 with the following vote recorded: Hahn, yea, Range, yea, Helton, yea, Roseberry, yea, and Erck, nay. Mr. Roseberry said Page 91 of the Zoning Ordinance, SectionJ4, states the powers of this Board is listed in the Civil Statutes of Texas and requested a copy be sent to all the Board members. Mrs. Calvert said she would mail each a copy.. The meeting adjourned at 7:50 P. M. -- CH IRMAN Z. N oN B A. OF ADJUST~1ENT