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HomeMy WebLinkAboutZBA 1981-05-14 Minutes . . . ~ MINUTES FOR THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, MAY 14, 1981, 7:00 P. M. CALL TO ORDER The Chairman, H. B. Helton, called the meeting to order at 7:08 P. M. ROLL CALL PRESENT: CHAIRMAN SECRETARY MEMBERS CONSIDERATION OF THE MINUTES OF MARCH 12, 1981 H. B. Helton Jack Roseberry Jesse Range E. K. Hahn ALTERNATE MEMBER Martin Erck ABSENT: Marie Hinkle Mr. Roseberry moved, seconded by Mr. Erck to approve the minutes as written~ The motion carried 3-0 with Dr. Hahn and Mr. Range abstaining since they were not present at the March 12th meeting and the following vote was recorded: Helton, yea, Roseberry, yea, and Erck, yea. CONSIDERATION OF THE MINUTES OF APRIL 9, 1981 Mr. Range moved to approve the April minutes with the following correction: Page 8, paragraph 10, should read Roseberry, yea, Hinkle, yea, Hahn, yea, and Range, yea. Mr. Roseberry seconded the motion. The motion carried 3-0 with Mr. Helton and Mr. Erck abstaining since they were not present at the April meeting and the following vote was recorded: Roseberry, yea, Range, yea, and Hahn, yea. NEW BUSINESS BA 81-7 POSTPONED Request of St. John the Apostle Day School to vary from the Zoning Ordinance #179 on a portion of Tract 9H, Abstract 1606, w. W. Wallace Survey, to be allowed to use two mobile homes for speciality classrooms. This property is located at 7421 Glenview Dr. Father Wilson came forward and said Rick Gallagher was going to represent St. John's. . . . Page 2 ZBA "Minutes May 14, 1981 Mr. Gallagher came forward. He said St. John's has more children in day school than they have room. He said they have available a couple of portable buildings that his firm is making available to the Church at a relative small cost to use on a temporary basis while they are evaluating building a fellowship hall. He said they want a zoning variance so they can set the buildings up adjacent to the temporary buildings they now have. Dr. Hahn asked for a more detailed description of the buildings. Mr. Gallagher said they are two office mobile- type trailers that were purchased to be used as temporary offices by Lake Dallas Telephone Co. He said in July Lake Dallas Telephone Co. will no longer need them. He said they are approximately 12 ft. wide and 50 ft. long. He said one has three rooms and the other one has one large room and a bath. Dr. Hahn asked if the buildings had been looked at in regards to fire hazard. Mr. Gallagher said yes they had. He said the buildings are steel and metal. Mr. Roseberry asked if they were the type of buildings that would be comparable to what banks are using. Mr. Gallagher said they were fairly simi1iar, but they were more of a trailer. Mr. Roseberry asked if Mr. Gallagher had a more definite time table as to how long they planned to use these temporary buildings. Mr. Gallagher said that at 20% interest he could not honestly say how long it would be. He said that in two to three years they would like to have a fellowship hall built. Dr. Hahn asked how many children he anticipated using these facilities. Mr. Gallagher said the buildings are not to increase the number of children but to provide better service. He said one of the units . . . ~ Page 3 ZBA Minutes May 14, 1981 would be used as a band room. Dr. Hahn asked if the space would be crowded for the number of children. Mr. Gallagher said no, it would not. He said that it would be less crowded than it is now. Mr. Range said he noticed in the layout that there are t'wo existing temporary buildings already there. Mr. Gallagher said that he was not sure that the two buildings were temporary. Mr. Range said they were labelled temporary on the drawing that the Board has. Mr. Gallagher said that there were two metal buildings. Mr. Range asked if those buildings meet the Fire Code. Mr. Gallagher said he did not know. Father Wilson said the Fire Marshal was out last week and inspected them. Mr. Gallagher said they had also talked to the Fire Marshal about the trailers. Mrs. Swartz, Principal of the School, came forward. She said she talked to one of the Fire Marshal~s about the possibility of these buildings. She said he said he would be glad to come out with the code book and go over it with her. She said he said the Fire Department cannot do anything until the buildings are setting there. She said they have always met all of the fire codes and they will continue to do so since they are dealing with children. Mrs. Swartz showed the Board pictures of the trailers.. Mr. Range said the problem was some of the temporary buildings turn out to be like temporary taxes. . . . Page 4 Z B A Minutes May 14, 1981 *It is not the intent of the Board to create a non-conforming use. ~ Mrs. Swartz said that was true of school campuses because of overflows from time to time. Mr. Helton asked if the temporary buildings would be located side by side. Mrs. Swartz said they would be put in an "L" shape. Mr. Roseberry asked if it was the intention of the school to underpin them or to do any improvements to them at all. Mr. Gallagher said a skirt will come with the units and will be painted the color of the trailers. Mr. Erck said that, for the record, these buildings are not to be rented to any other organization or anything to that nature. Mrs. Swartz said they were not. Mr. Range said he was not sure what part of the Zoning Ordinance this would be varying from. Mr. Helton asked Mr. Rice what part of the ordinance would the Board be varying from. Mr. Rice said in the Zoning Ordinance there is not a classification for where this type of building can be set. Mr. Rice said that the Mayor has suggested to him that this might be in error in coming before the Zoning Board of Adjustment and that it might should go to the City Council since it pertains to a type of building. Mr. Roseberry said the question in his mind was if the Board has the authority to grant the variance the way the school has requested. * He said the Board has the right to extend or grant a variance to repair non-conforming use and that appears what the Board would be doing. Mr. Helton said the problem lies in the authority to grant this variance request because of a two to three year time period. . . . Page 5 Z B A Minutes May 14, 1981 Dr. Hahn said the City Attorney should be consulted to see what his feelings are on this. Mrs. Swartz said that there was a trailer at Richland High School similiar to this that is used for Driver's Education. Dr. Hahn said there were several in the city. Mr. Gallagher asked what the timetable would be if they have to go before the City Council. Mrs. Calvert said it would probably be the second Monday night of June. She said the agenda has already come out for this coming Monday night. Mr. Gallagher asked if it would be possible for the Board to tenatively approve this request in case the City Attorney says the Board has the authority to hear this request. Mr. Roseberry said it would be contrary to what the Zoning Ordinance states the purpose of the Board is. He said without a definite timetable for a consideration date, the Board would be creating a non-conforming use. He said he understood their problem. Dr. Hahn said that he agreed with Mr. Roseberry. Mrs. Calvert said the Citý Council meeting would be on June 8. She said that if St. John's needs to come back before the Board of Adjustments, it would be heard on the 11th; there would just be four days difference. Mr. Range said he felt that the Board does not have the authority. He said that if the Board did have the authority, he would have to vote "no" because it would be creating a non-conforming use. He said that this Board is liable for all decisions. Mr. Range said the City Council cannot overrule the Board. He said that the Board could be sued by one of the parents of the children if something were to happen. He said he thought the City Council has the only authority to grant this request because it is such a unique request. . . . Page 6 Z B A Minutes ~1ay 14, 1981 ~ Mr. Erck said that he was not against this variance as long as it is done in such a way so that the children will be safe. Mr. Helton said if there was a definite time set on the temporary use of these buildings~ then the Board would want to look at in a different light, He said there are other matters to consider such as fire codes. He said this request should be delayed until the next meeting and the City Attorney should be consulted in the meantíme~. Mr. Range said the matter should be referred to the City Attorney for a ruling as to the proper entity as to whether the Board has the authority to hear this case. Mr. Gallagher said then that the Board~s two concerns are a specific timetable and the fire code. Mr. Helton said another concern is whether the Board has the authority to rule on this. Mr. Rice said according to the building code this request needs to go before the City Council and also he would need to personally examine the buildings to see if they meet the building codes. He' said they must meet the codes if they are a place of assembly, for educational purposes, etc. He asked where he could see these buildings to go over them. Mr. Gallagher said the buildings are located at Lake Dallas. Mr. Rice asked who he would contact. Mrs. Swartz said to get in touch with her. Mr. Range made a motion to postpone BA 81-7 and to refer it to the City Attorney as to whether the Board has the authority over this request. Mr. Roseberry seconded the motion. The motion carried 5-0 with the following vote recorded: Roseberry, yea, Range, yea, Helton, Yea, Hahn, yea, and Erck, yea. Page 7 Z B A Minutes May 14, 1981 . BA 81-8 APPROVED Request of Donald R. Hayen to vary from the Zoning Ordinance #179 on Lot 5, Block 13, Glenann Addition, to be allowed to install a fence and swimming pool beyond the building line. This property is located at 8800 Main Street. Mr. Hayen came forward and said he was requesting a variance of 12 ft. for a 6 ft. spruce fence for privacy and for future building of a swimming pool. He said the variance only pertains to the southwest corner. He said because of the nature of the lot the building line does not run straight. Mr. Hayen said he talked to five of his six principal neighbors before the meeting and five of the six signed a letter stating they had no objections to this variance request. He said the sixth neighbor was not at home but he had talked to him earlier and he had no complaints either. . Mr. Hayen said the variance would make his fence square rather than angle. He said it would enhance the appearance of the fence. The Chairman asked if the fence would appear as it is drawn on the plat. Mr. Hayen said yes. He said he also had a survey plat which gives a better view of the lot. He showed the Board the plat and said that there is only one square side; he said that there are actually six sides to be involved. The Chairman asked Mrs. Calvert if she received any correspondence on this. Mrs. Calvert said she had not. . Mr. Range said that this was a very unique lot. He said the front, the back, and the side all front a street. He said the owner can't sit in the backyard at night without everyone seeing in. He said he didn't think this variance would be creating an undue hardship for the neighbors since all affected by it are in favor of it and there is no safety hazard due to traffic. He said he recommends to the Board that this variance be approved. ~ Page 8 Z B A Minutes May 14, 1981 . Mr. Roseberry asked Mr. Hayen if on the east side if he would be setting his fence back from the property line a foot or so. Mr. Hayen said it would be approximately 7 ft. from the property line. The Chairman asked if there was not a fence constructed there now. Mr. Hayen said it was wide open. Mr. Range asked if Mr. Hayen does, in the future, build a swimming pool he is going to have to have some kind of fence around it. Mr. Erck asked if the pool would be in the ground. Mr. Hayen said he had not contracted for the pool company yet. He said his intentions were to wait for the winter sales. . Mr. Erck asked if the pool would be above ground or in the ground. Mr. Hayen said it will be an in ground pool. Mrs. Calvert said he was asking for a variance for both the fence and the pool. Mr. Hayen said he thought the pool would not be affected by the building line. Dr. Hahn said the southeast corner of the house is where there is the most room. Mr. Range asked Mr. Hayen if he was asking for a variance to construct the pool outside of the building line. Mr. Hayen said to be safe he would ask for one. Mrs. Calvert said that was what she thought that Mr. Hayen wanted when he made application for the variance. . Mr. Hayen said he would go ahead and ask for the variance to build the pool outside the building line. ~ Page 9 Z B A Minutes May 14, 1981 . Mr. Roseberry said the variance would be changing the building line along the south side of the property. He said if the property changed owners someone might want to build out further than the fence. He said to keep better control of the situation the drawing should be made a part of the minutes not to go beyond the drawing. Mr. Erck moved to approve BA 81-8 with the provision that the pool does not go over 3 ft. over the building line and that the attached drawing be made a part of the variance. The motion was seconded by Mr. Roseberry. The motion carried 5-0 with the following vote recorded: Roseberry, yea, Range, yea, Helton, yea, Hahn, yea, and Erck, yea. BA 81-9 APPROVED Request of Martin A. Krause to vary from the Zoning Ordinance #179 on Lot 21, Block 20A, College Hill Addition, to be allowed to erect a chain link fence beyond the building line. This property is located at 6068 Holiday Lane. . Mr. Krause came forward and said as far back as two years ago he was going to make this request but did not realize until April 13 how dangerous his situation was. He said Holiday Lane and Bogart are very busy streets. . Mr. Krause said on April 13 he was sitting in his house when he heard a crash. He said he did not go out right a way because he was use to the traffic noise. He said he went out the back door and his fruit tree was cut off down to the root. He said about that time two tail lights went down Bogart Drive. He said that evidently who ever had hit the tree had stalled out. He said this occurrence shook him and his wife up for a couple of days and they decided to make a request for this variance. He said he also had a grandson who visits and plays in the backyard. He said he feels that with the volume of traffic there will in the future be a situation where someone will be hurt. Dr. Hahn asked why the extension forward of Mr. Krausets garage on Holiday Lane. . . . Page 10 Z B A Minutes May 14, 1981 ~ Mr. Krause said he did not understand. Mr. Krause came forward and the Board showed him what they were talking about. Mr. Krause said on the first diagram he submitted Mr. Rice told him he did not think he would be allowed to extend beyond the front of the house. He said that was why he submitted a second drawing showing the fence moved back. Mr. Range asked Mr. Rice if there were any plans to extend Holiday Lane on through. Mr. Rice said he did not know of any. Mrs. Calvert said that there were plans in the proposal for future streets. She said Holiday Lane was proposed to extend to W'atauga Road and Chapman Road someday. Mr. Roseberry said he understood Mr. Krauses's problem. He said he used to live on Bogart. The Chairman asked Mr. Rice if he saw any problems. Mr. Rice said the second drawing was a much better plan than the first one. He said he did not see any problems with it. Mr. Erck said since the fence would be chain length, he can't see how much it would block. Mr. Krause said the height was 42". Mr. Range asked if he was trying to prevent people from cutting across his corner. Mr. Krause said that there is about nine or ten feet that is city property. He said that doesn't leave too much of a piece of property. Mr. Rice said that one thing that was not clear was the set backs Mr. Krause is asking for on the Bogart side. Mr. Krause said he left the set backs open to the discretion of the Board~ Mr~ Rice said ten feet from the curb is the City right-of-way. He said there would probably be no problem unless Bogart is widened in the future. . . . Page 11 Z B A Minutes May 14, 1981 ADJOURNMENT ~ Dr. Hahn said Mr. Krause's property backs up to another house. He asked if his neighbor had any objections to this variance. Mr. Krause said he spoke to his neighbor. He said his neighbor said if he doesn't show up at the meeting, then he does not care. There was a discussion as to where the set backs should go, etc. Mr. Erck made a motion to approve BA 81-9 to allow a fence to be built up to the property line on Bogart side and the building line on Holiday Lane. The motion was seconded by Mr. Range. The motion carried 5-0 with the following vote recorded: Roseberry, yea, Range, yea, Helton, yea, Hahn, yea and Erck, yea. The meeting adjourned at 8:12 P. M. CHAIRMAN