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HomeMy WebLinkAboutZBA 1982-11-11 Minutes . CALL TO ORDER ROLL CALL 1. BA 82-17 . . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 11, 1982 - 7:00 P.M. The meeting was called to order by the Chairman, Jack Roseberry, at 7:00 p.m. PRESENT: CHAIRMAN: SECRETARY: MEMBERS: Jack Roseberry Jesse Range Martin Erck Harold Schubert Hans Kossler Bill Rice Wanda Calvert ALT. MEMBER BUILDING OFFICIAL P&Z COORDINATOR ABSENT: Bill Fenimore Request of Amon T. Adcock to vary from the Zoning Ordinance #179 on a portion of Tract 8, Abstract 321, William Cox Survey, to be allowed to build a house on 5.896 acres of land in Agricultural zoning with a 50 foot road front- age instead of the required 150 foot frontage. This property is located approximately 1630 feet west of Smithfield Road and is bounded on the south by Briarwood Estates. Mr. Adcock came forward. He said he wants to build a house on this property and request the Board grant a variance from the 150 ft. road frontage to 50 ft. Mr. Adcock said he and his partner had a tract of more than eleven (11) acres which they divided. He said his partner plans to build a house on one-half and face it on Starnes Road. Mr. Adcock said it would be a spec house and he has the plans if the Board wishes to see them. Mr. Roseberry asked Mr. Rice about the ordi- nance. Mr. Rice said the Zoning Ordinance requires 150 ft. road frontage in Agricultural zoning and Mr. Adcock only has 50 ft. Mr. Kossler asked if he plans to have a cul-de-sac. . November 11, 1982 Z B A Minutes Page Two Mr. Adcock said there would not be a cul-de- sac. Mr. Schubert asked about a turn-around. Mr. Adock said he does not plan to have a turn- around. Mr. Range said this ordinance should be re- written. He said you have the frontage. Mr. Erck asked where he plans to build the house. Mr. Adcock showed his plans to the Board. He said they would come off Post Oak Drive; he would have a concrete or an all surface road going to the house. Mr. Adcock said there would not be any problems, Post Oak Drive is a dead end street now. He said there would not be a large drainage. . 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, the Chair- man called for those wishing to speak in opposi- tion to this request to please come forward. There being no one wishing to speak, the Chair- man closed the Public Hearing. BA 82-17 APPROVED Mr. Range made the motion to approve BA 82-17 as requested. This motion was seconded by Mr. Erck and the motion carried 5-0 with the following vote recorded: Range, yea; Erck, yea; Roseberry, yea; Schubert, yea; and Kossler, yea. 2. BA 82-18 Request of Vincent Divino to vary from the Zoning Ordinance #179 on Lot 1, Block 5, Foster Village Addition, to be allowed to install a fence beyond the side building line to within one foot of his property line. This property is located at 6800 Fair Meadows Drive. . . November 11, 1982 Z B A Minutes Page Three Mr. Divino came forward. He said he wants to install a fence. Mr. Divino said he had a pool built and the decking extends past the building line so he needs to put the fence past this decking. Mr. Divino said he is having to build a retainer wall which will be out of stone and he wishes to put the fence just inside the retaining wall. Mr. Divino showed pictures of the area. Some had fences out past the building line. Mr. Roseberry asked how far it would be from the street. Mr. Rice said ten (lO) feet. Mr. Range asked if the retaining wall would be on the property line. . Mr. Divino said it would be and the wall would be 51 feet high. Mr. Roseberry asked where the fence would be. Mr. Divino said it would be inside the retaining wall. Mr. Schubert asked if cars parked on Crosstimber Street would be able to open their car door. Mr. Divino said there would be 10 feet, if the builder had scooted the house over, he would not be needing this variance. Mr. Range asked if he planned to have decking all around the pool. Mr. Divino said the decking would be 5 feet to 6 feet out from the pool and with the fence moved out, it would allow some backyard. Mr. Kossler said one of the pictures shows a house with a fence out past the building line. . Mr. Divino said that was correct. Mr. Erck said he could see no problem with granting this request. · November 11, 1982 Z B A Minutes Page Four The Chairman opened the Public Hearing and called for those wishing to speak in favor of this re- quest to please come forward. There being no one wishing to speak, the Chair- man called for those wishing to speak in opposi- tion to this request to please come forward. There being no one wishing to speak, the Chair- man closed the Public Hearing. The Chairman asked if there had been any cor- respondence received. Ms. Calvert said there had not been. BA 82-18 APPROVED Mr. Range made the motion to approve BA 82-18 as requested. This motion was seconded by Mr. Schubert and the motion carried 5-0 with the following vote recorded: Range, yea; Schubert, yea; Roseberry, yea; Erck, yea; and Kossler, yea. · 3. BA 82~19 Request of Arnold Mincey, Jr. with J. D. Sims and Company to vary from the Zoning Ordinance #179 on a portion of Blocks 2 and 3, Snow Heights North Addition, and portions of Tracts 2A, 2B4, and 2B4A, Abstract 1606, W. W. Wallace Survey, to vary from the requirement of 20 per- cent of the lot for rear yard in Local Retail zoning to be used for Multi-Family Development. This property is located on the north side of Northeast Loop 820 and is approximately 1196 feet east of the intersection of Northeast Loop 820 and Rufe Snow Drive. Mr. Mincey with J. D. Sims Company came forward. He said at the last meeting they became aware they had overlooked a requirement regarding the 20 percent rear yard. Mr. Mincey said they have the TESCO right-of-way which is 75 feet wide and a utility easement of 25 feet so in view of that, he would request the Board waive this requirement. Mr. Mincey said they allowed a buffer of tennis courts. Mr. Roseberry asked Mr. Rice what the require- ment would be in Multi-Family zoning. · Mr. Rice said it would be 15 feet in Multi-Family zoning. . November 11, 1982 Z B A Minutes Page Five Mr. Schubert asked if they had contacted TESCO and have an agreement with them to use their easement. Mr. Mincey said they had. He said they would sodd it and maintain it. Mr. Schubert asked of the Local Retail zoned property developed on the other side of the TESCO easement, would they also use the ease- ment. Mr. Rice said we would have no way of knowing now. Mr. Range asked what the minimum depth was. Mr. Mincey said the western edge was 670 feet, but he was not sure what the east was. . Mr. Range said if they decide there is a need for a buffer, the TESCO easement would be suf- ficient, and he does not feel this should be required. The Chairman opened the Public Hearing and called for anyone wishing to speak in favor of this request to please come forward. Mr. Robert Cunningham, architect, came forward. He said they would also have a mandatory setback of 25 feet for the sewer easement. The Chairman called for those wishing to speak in opposition to this reqest to please come forward. Jim Keding, 4140 Rufe Snow Drive, came for- ward. He said he could not understand the problem, do they want to build retail in retail zoning. Mr. Range showed him the graphs in the Zoning Ordinance showing what could be built in Local Retail zoning. . Mr. Erck said they can request a zoning change to Multi-Family. · November 11, 1982 Z B A Minutes Page Six Mr. Keding said he did not feel they should use someone else's easement and asked again about the Local Retail zoning. Ms. Calvert explained that you can build apart- ments in the Local Retail zoning, but you must have 20 percent of the lot for rear yard, but if the property was zoned Multi-Family, you would not have this requirement. The Chairman asked Ms. Calvert if there had been any correspondence. Ms. Calvert said there were two letters, one from the Mayor and one from the Mayor Pro Tern, both in opposition. The Chairman read the letters from the Mayor and Mayor Pro Tern (letters are attached and made a part of these minutes). · Mr. Erck asked Mr. Mincey why they didn't purchase the 60 acres on the west side of Rufe Snow next to the mall that is for sale. He said it .is zoned for Multi-Family. Mr. Mincey said the topography would make it not feasible. Mr. Schubert asked Mr. Rice if there had been cases where easements were used before. Mr. Rice said not since he had been with the City. Mr. Roseberry said he had been on this Board for many years and had never had this type of request. The Chairman closed the public hearing. Mr. Range said if they moved to the west side of Rufe Snow, would the setback be as critical. He said the Board needs to separate the two, the complex and the school. · Mr. Range made a motion to approve BA 82-19 as requested. . November 11, 1982 Z B A Minutes Page Seven The motion died for lack of a second. John Cook, General Partner of Cross Roads Development Company, owner of the property in question, came forward. He said this land was donated to Brigham Young in 1968, and they had tried to sell it as one tract, but had not succeeded. Mr. Cook said he came down four years ago and has had the responsibility of selling the land. He said they have installed a lot of improvements to the property. Mr. Cook said they had only had offers for the land on the frontage road. He said he had tried to get mall prospects, but the access of 820 is a problem. Mr. Cook said their main problem is the high school. He said he had a client who was interested in building an office building but backed off because of the school. . Mr. Cook said anything you build there would create traffic. He said there is adequate parking at the school and he does not feel they should be saddled with this. Mr. Mincey showed the Board where he would have to build the apartments with the large setback. He said it would make the complex undesirable. Mr. Kossler said the people who wrote this Ordinance must have had something in mind. He said this area looks horrible now, but would look worse with apartments. Mike Carrancejie came forward. He said accord- ing to City records, this property was platted for apartments back in 1964. Mr. Carrancejie said the school has 33 acres they could use for parking. The Chairman called for a motion. He said the members could make or second a motion but would not have to vote affirmative. BA 82-19 DENIED Mr. Range made the motion to approve BA 82-19 as requested. This motion was seconded by Mr. Schubert and the motion to approve was denied by a vote of 2-3 with the following vote recorded: Range, yea; Roseberry, yea; Schubert, nay; Erck, nay; and Kossler, nay. . . November 11, 1982 Z B A Minutes Page Eight The Chairman stated this request was denied since there was not four affirmative votes. 4. BA 82-20 Request of Daryl R. Barrett to vary from the zoning Ordinance #179 on Tract 2B4, Abstract 1588, J. M. Vandusen Survey, to vary from the requirement of 20 percent of the lot for rear yard in Local Retail zoning to be used for Multi-Family Development. This property is located on the west side of Rufe Snow and is across from the intersections of Mike Drive and Rufe Snow and Manor Avenue and Rufe Snow Drive. . Mr. Barrett came forward. He said he had an 800 foot deep lot which would require 160 feet for rear yard. Mr. Barrett said this property backs up to Local Retail zoning and he feels this large setback is not necessary. He said he could not see any rationale in this require- ment. Mr. Barrett said they would have to put all the parking on the back of the lot and all the buildings on the front next to Rufe Snow. He said most of the City's Ordinance states 20 percent or not more than 20 or 30 feet for rear yard. Mr. Barrett said the City staff does not know why the Ordinance was written this way. He said if they have to have this requirement, they would have a sea of parking in the rear and bunched up buildings on the front and he does not see this would be feasible nor desirable. Mr. Schubert asked how one decides which is the rear yard. Mr. Rice said the front of the lot has to front on a street. Mr. Schubert asked Mr. Barrett if he was aware of this requirement when he started to do this development. Mr. Barrett said he was not aware of this. Mr. Schubert asked if he planned to have 380 parking spaces. . Mr. Barrett said he could live with the parking requirement, but without this variance, he would have 200 spaces on the back which would be a long way from the buildings. He said he hated to have to put the buildings so close to Rufe Snow. . November 11, 1982 Z B A Minutes Page Nine Mr. Range said the statement in the Ordinance says you have to have 20 percent depth of the lot whether it be a small lot or a large tract. He said the side yard requirement is only 15 feet so why should we have 160 feet in the back. Mr. Range said there should be a clause in there to not exceed so many feet. Mr. Barrett said the 150 feet of land to the north is vacant. The Chairman opened the public hearing and called for those wishing to speak in favor of this request to please come forward. Dick Russell came forward. He asked Mr. Barrett if you build next to Rufe Snow, would someone who lives in an apartment on Rufe Snow have to park in the rear. He said he has a 21 year old daughter and he would hate for her to have to park so far from her apartment. . Mr. Barrett said someone would have to park there, but would hope they would not have to go the entire 800 feet. The Chairman called for those wishing to speak in opposition to this request to please come forward. Paul Duckett, 6540 Tabor, came forward. He said there are several property owners living to the north of this property who have lots that back up to their homes. Mr. Duckett said they need a street to have a way in and out of their property, and this project does not provide that. He said surely the City would benefit in having homes built on these lots to the north of this property in question. The Chairman said this Board has no authority in the matter regarding providing a street. Mr. Roseberry asked Mr. Duckett to show where his property was. . Mr. Duckett said he hated to see apartments built there, and also these people need access to their property. He asked if this developer would be required to put up a fence. · November 11, 1982 Z B A Minutes Page Ten Mr. Roseberry said they would. Bill Ernst, 6612 Tabor, came forward. He said his property is one of those so called worthless lots. Mr. Ernst said the building of these apartments would kill the value of their lots. He said he was against anything that would allow them to build these. Mr. Ernst said he is against any variance they ask for. He said it would create 250 cars onto Rufe Snow which already has traffic problems, both morning and evening. Mr. Ernst said he had lived here 21 years. He said this builder will build these apartments, then sell them and leave, but he (Mr. Ernst) will still be there. Mr. Ernst said this property is right in the middle of a nice residential area and close to Diamond Loch. · Sharon Spencer, whose parents live at 6628 Tabor, came forward. She said her parents own one of those lots to the north of this property. Mrs. Spencer said if they build two-story apartments, they would be looking down on their yards. She said she would like to ditto everything Mr. Ernst said. Ms. Spencer said Mr. Barrett came to Planning and Zoning and he does not want to put in a dedicated street, but the property owners to the north have agreed to pay their half. Ms. Spencer said if this project would be an asset, these homeowners would want it, but they do not feel this development would help our city. She said he could not rent it with the parking in the back so please do not allow him to build. Jim Keding, 4140 Rufe Snow, came forward. He said he has to back out onto Rufe Snow everyday. Mr. Keding said the City took 15 feet of his property for right-of-way. He gave a history of this property. He said several years ago a developer wanted to build condos and now they are wanting to vary even more. · . November 11, 1982 Z B A Minutes Page Eleven Mr. Keding said he has lived here for 26 years and they have enough trouble as it is, and he is against any variance which would allow him to build. Mrs. Oran Brown, 6701 Mike, came forward. She said you should have to watch children walking down Rufe Snow. She said they have to walk on the grass because there are no sidewalks. Mrs. Brown said she feels they should build condos as was previously planned. Lewis Stevens came forward. He said he had lived here only five years, but the traffic has nearly doubled, and this development would not help the situation. . Mr. Paul McPeek, 6608 Tabor, came forward. He said if you allow this development, it would landlock this property to the north. He said he is opposed to allowing a change in the Ordi- nance. Mr. McPeek said when the Board makes a decision, you cannot erase it. He said he had lived here 14 years; it is all zoned Single Family and this development would affect all of us. Mr. Duckett asked after this step what steps could they take next. The Chairman stated they would have ten days to appeal to the Civil court. Ms. Calvert said they have to go before Planning and Zoning and City Council for a final plat. Mr. Erck said they could go to Planning and zoning and the City Council and request a Multi- Family zoning. Mr. Duckett said the neighbors would like to be informed. . ~ . November 11, 1982 Z B A Minutes Page Twelve BA 82-20 DENIED ADJOURNMENT . . The Chairman closed the public hearing. Mr. Schubert made the motion to deny BA 82-20. This motion was seconded by Mr. Erck and the motion to deny carried 3-2 with the following vote recorded: Schubert, yea; Erck, yea; Kossler, yea; Roseberry, nay; and Range, nay. The Chairman said the case was denied. The meeting was adjourned at 8:40 p.m. Board of Adjustment of Adjustment