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HomeMy WebLinkAboutZBA 1981-04-08 Minutes . . . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APRIL 9, 1981 at 7:00 P.M. CALL TO ORDER The meeting was called to order by Jesse Range in the absence of the Chairman, H. B. Helton, at 7:10 P.M. ROLL CALL PRESENT: Jesse Range E.K. Hahn Jack Roseberry Marie Hinkle ABSENT: H. B. Helton CITY STAFF PRESENT: BUILDING OFFICIAL P & Z COORDINATOR Bill Rice Wanda Calvert CONSIDERATION OF THE MINUTES OF MARCH 12, 1981 The acting Chairman moved the consideration of the minutes of March 12, 1981 to the end of the agenda in hopes that Mr. Helton would come in. NEW BUSINESS BA 81-3 APPROVED Request of Royal W. Sherbet for Mr. & Mrs. Charles E. Boesch to vary from the Zoning Ordinance #179 on Tract 1, Abstract 1625, Oziah Rumfield Survey, to be allowed to build on 1.8665 acres· of land in Agricultural zoning without having the required 150 ft. road frontage and 2 acres of land. This property is located approximately 475 ft. east of the intersection of Rumfield Road and Eden Road. Royal Sherbet came forward to represent Mr. & Mrs. Boesch in their request. Mr. Sherbet said he purchased approximately 5 acres and was told about 10 months ago by a City Official that they would never issue é building permit on the land to the east of his. He said that since that had changed he decided to sell the southern portion of his property to Mr. & Mrs. Boesch. Mr. Sherbet said it is very important that they retain the Agricultural zoning. . . . Page 2 Z B A Minutes April 9, 1981 Mr. Sherbet showed plats to the Board showing where the houses were in the area. He said the property in question has a 50 ft. wide easement on the south side and a 30 ft. wide easement on the north side which is 81.4 ft. long. Mr. Sherbet said he also has a copy of a plat from Knowlton, English, Flowers which was made for the City of North Richland Hills showing an easement across this property for a water line. Mr. Range asked Mr. Sherbet if it was a water and sewer easement. Mr. Sherbet said it was for the water line to Precinct Line Road. Mr. Range asked Mr. Rice if he knew anything about this. Mr. Rice said he did not. He said he had not looked at the utility maps. Mr. Sherbet said the easement had nothing to do with this variance request. Mr. Roseberry asked Mr. Sherbet if he had spoken regarding the Hazlewood property a couple of months ago. Mr. Sherbet said he had. He explained about the Dome house that was built at the end of the 50 ft. easement but has since been torn down. Mr. Sherbet also spoke of the other houses and barns in the area. He explained that they had two ingress-egress easements to this property. The Chairman called for anyone 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 in opposition to please come forward. Marie Murray, 8912 Eden Road, came forward. She said they were to get a road, but it fell through; the property didn't develop as was planned. . . . Page 3 Z B A Minutes April 9, 1981 Mrs. Murray said Mr. Sherbet was just wanting them to use her road so he could fence his off. Dr. Hahn said that Mr. Sherbet could not keep them from coming across his property since they had been using that for ingress- egress for over 7 years. Mrs. Murray said Mr. Sherbet was just trying to throw these people off on them. She said it was dark down there and they don't need anyone down there. Dr. Hahn said the Board had already discussed this before and told Mr. Sherbet that he could not prevent anyone from using the easement. Mrs. Murray said that Mr. Sherbet could stop vehicles. Dr. Hahn said he could not. Dr. Hahn said there is also the question of the best use of the property and this i·s an easement and it can be used for ingress-egress. Mr. Sherbet said the people who are purchasing this property are school teachers, born and raised in this area, and want to return here when they retire in 5 to 10 years, he did not know just how soon. Clinton Murray, 8912 Eden Road, came forward. He said he was easy to get along with. He said he built the road from Eden to ñis property. Mr. Murray said that Mr. Riddle told him that no one could build there and if he wanted to keep people from getting stuck down this easement, to put some brush there so they couldn't use it. Mr. Range said the way he sees it, it is a private road which serves Mr. Smith and Mr. Murray and Mr. Sherbet could not use it unless Mr. Smith and Mr. Murray grant it, because he has not been using it for egress- ingress. Mr. Range said that the easement on the north side has been used for years and is now a legal road. Dr. Hahn said that in the future, it would also have to be an agreement. . . . Page 4 Z B A Minutes April 9, 1981 Jim Stevens, 7424 Eden Road, came forward. He said he was not for or against this request. Mr. Stevens said they had been told that there could not be more than one house built. He asked if this was true. Mr. Rice said in Agriculture zoning you had to have a minimum of 2 ~cres. Mrs. Calvert said that was the reason for this request. She said Mr. Sherbet was selling slightly less than 2 acres to Mr. & Mrs. Boesch. Mr. Stevens said he had bought his house on one acre plus another acre tract about 5 years ago. He said he had always used Mr. Murray's drive. Mr. Roseberry said this easement on the north is recorded as a road easement; the deed does not include the road easement. Mrs. Calvert said the attorney that was here at the other meeting showed it had been recorded at the Court House since 1947. Mr. Roseberry said it was further back than that, it was in the 1800's. Dr. Hahn asked Mr. Stevens if he bought both tracts of land at the same time. Mr. Stevens said he did. He said the house is over 20 years old. Mr. Range said his property was under the Grandfather clause. Mrs. Calvert said when a piece of property is sold off and it is not at least 2 acres, the City requires the owner plat and zone the property to residential before he can ob~ain a building permit. Mr. Range asked Mr. Sherbet if he was asking for this variance so they could use the southern 50 ft. easement. . . . Page 5 Z B A Minutes April 9, 1981 Mr. Sherbet said he did not realize there would be any objection to the request. He said the only reason the Murrays' came was because of the 50 ft. easement. Mr. Sherbet said he went to the Murrays and asked if he could move the brush and they got mad. Mr. Sherbet said in order for him to be able to sell this piece of property he must get this variance. George W. Bradshaw, Jr., 8916 Kirk Lane, came forward. He said he lives on the north side of the property in question. Mr. Bradshaw said when he bought his property, he allowed Buster Slate to use this area to get to this property. Mr. Bradshaw asked if he had just given away 30 feet of his property. Mr. Range said it is an ingress-egress. Mr. Bradshaw said then it is a private road. Mr. Range asked Mr. Sherbet if he would be willing for the Board to restrict this variance to ingress-egress on the north side of this property. Mr. Sherbet said he did not see why they would need to do that. Mr. Range said that Mr. Sherbet doesn't have legal right to ingress-egress on the southern easement unless he has permission from Murray, Stevens, and Smith. Mr. Sherbet said the southern area is a 50 ft. easement for ingress-egress, also. Dr. Hahn said the request is for the north end and with less than 2 acres. Mr. Sherbet said the Ordinance doesn't say "road" frontage. Mr. Range closed the Public Hearipg. Dr. Hahn moved to approve BA 81-3 as written. . . . Page. 6 Z B A Minutes April 9, 1981 The motion was seconded by Mrs. Hinkle. The vote was 3-1 with Mr. Range voting, nay, Hahn, yea, Hin1e, yea, and Roseberry, yea. Mr. Range said it takes four affirmative votes to pass so this motion failed and the case is denied. Mr. Sherbet said he wanted to know why Mr. Range voted for the Hazlewood's request and voted against him. Mr. Range said it was because Mr. Sherbet did not want it restricted to ingress-egress on the north side. Mr. Sherbet said he was not asking for ingress- egress on the south, he was asking to be allowed to build without 2 acres and without a road. RECESS Mr. Range called for a recess at 7:55 P. M. BACK TO ORDER Mr. Range called the meeting back to order at 8:00 P. M. with the same members present. Mr. Range said he was not sure of the legality of this and would make this ruling contingent on a ruling from the City Attorney. Mr. Range asked for all those Board members in favor of recalling the vote: Hahn, yea, Roseberry, yea, Hinkle, yea, and Range, yea. Mr. Range said the chair is open for discussion or vote. Mr. Roseberry said the request does say less than the 150 foot road frontage. He said he doesn't feel they have any authority over the 50 ft. easemerlt. hr. Sherbet said the only question is are you going to allow the variance or not. Dr. Hahn said his original motion still stands, only the vote was recalled. Mr. Range called for a vote, and the following vote was recorded: Hahn, yea, Roseberry, yea, Hinkle, yea, and Range, yea. ~ Page 7 Z B A Minutes April 9, 1981 . BA 81-4 APPROVED Request of Cambridge Companies Development Corp. to vary from the Zoning Ordinance #179 on a portion of Lot 4, Block 2, North Park Plaza Addition, to allow the operation of a Veterinary Clinic in Local Retail Zoning. This property is located at 6632 Rufe Snow. Charles 'Scoville came forward to represent Cambridge Companies Development Corporation. He said they were requesting they be allowed to have a Veterinary Clinic at 6632 Rufe Snow. Mr. Scoville said there are different types of veterinary practices. He said this will be a small animal clinic on an outpatient basis. Mr. Scoville said in an emergency- they might keep the small animal overnight. . Mr. Scoville said the animals will be kept in the northeast portion of the building and it will be partitioned off so it will not bother the other tenants. Mr. Scoville said the Veterinary Clinic will be equal to a medical clinic. He said they do not want any complaints from neighbors. Mr. Scoville said they will have an attractive sign which will add to the attractiveness of the area. Mr. Scoville said Dr. Graham wants to run this practice and had planned to be here tonight but he had illness in the family and was unable to come. Dr. Hahn asked if there was one around similar to this one. Mr. Scoville said the one at College Circle and Davis Blvd. was similar. Mr. Scoville showed the floor plan to the Board. . Dr. Hahn asked if there would be any place for dogs to run out. ~ Page 8 Z B A Minutes April 9, 1981 . Mr. Scoville said there would not be. He said it would only be for small animals. Mr. Scoville said Dr. Graham is an associate of Dr. Lilly who has s~veral clinics located in shopping centers. Mrs. Hinkle asked if they would board any animals? Mr. Scoville said they would not. He said the only time they would be kept overnight would be in an emergency. Mr. Scoville said it is an outpatient clinic, not a hospital for long time care; just a clinic. The Chairman called for anyone wishing to speak in favor of or in opposition to this request to please come forward. There being no one wishing to speak, the Chairman closed the public hearing. . Mr. Roseberry moved, seconded by Mrs. Hinkle, to approve BA 81-4 with the stipulation that it be outpatient care only and without dog runs. Mr. Scoville asked if this motion would not allow an emergency overnight stay. Mr. Range said it would be okay in an emergency. The motion carried 4-0 with the following vote recorded: Roseberry, yea, Hinkle, yea, Hahn, yea, and Range , yea. BA 81-5 APPROVED Request of J. B. Sandlin to vary from the Zoning Ordinance #179 on Lot 12, Blk. 4 Northridge Addition, to be allowed to have house built beyond the front building line. This property is located at 5348 Colorado Ct. . Mike Sandlin came forward to represent J. B. Sandlin. He said the building line should have been 30 ft. instead of 25 ft. He said they only found out about the error when they went to the title company. Page 9 Z B A Minutes April 9, 1981 . . CONSIDERaTION OF THE MINUTES OF MARCH 12, 1981 ADJOURNMENT . Mr. Range said since it is 5 ft. off, this could easily have been an error. Mr. Roseberry said using a 25 ft. building line, it would still be over the building line according to this survey. Mr. Range said this is the same problem the Board has had before. Mr. Sandlin said the house on one side of this property is on a 25 ft. building line. The Chairman called for anyone wishing to speak in favor of or in opposition to this request to please come forward. Bill Recker, 5352 Colorado Ct., came forward. He said he lives in the house next to this property. Mr. Ricker said this property is on a small court, a cul de sac. He said if it had been a straight line you wouldn't have had a problem. Mr. Ricker said he has no objections. The Chairman closed the Public hearing. Mrs. Hinkle moved, seconded by Mr. Roseberry, to approve BA 81-5. The motion carried 4-0 with the following vote recorded: Hinkle, yea, Roseberry, yea, Hahn, yea, and Range, yea. The Chairman postponed the consideration of the minutes until the next meeting. The meeting adjourned. at 8:22 P. M. ß USTMENTS