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HomeMy WebLinkAboutZBA 1980-03-13 Minutes . . . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, MARCH 13, 1980 CALL TO ORDER The meeting was called to order by the Chairman, H. B. Helton, at 7:08 P.M. ROLL CALL PRESENT: H. B. Helton Dr. E. K. Hahn Jesse Range Jack Roseberry Jo Ann Williams CITY STAFF PRESENT: Director of P.W. Building Official Clerk Jim Anderson Ga ry Ca 1 dwe 11 Wanda Calvert CONSIDERATION OF THE MINUTES OF DECEMBER 13, 1979 Mr. Range moved, seconded by Dr. Hahn, to approve the minutes as written. Motion carried with all members voting affirmative. NEW BUSINESS BA 80-1 APPROVED Request of Janie Arnold with Fashion Homes to vary from the Zoning Ordinance #179 to allow house to be built approximately 18 inches over the front building line. This property is located at 8521 Hightower. Janie Arnold presented her request to the Board. She stated they built the house at 8521 Hightower and did not know there was a problem until 12-21-79 when they sold it. She said the title company had it surveyed and found out the house was 18 inches over the front building line. She said she was requesting this variance to clear the paper- work. The Chairman asked if there was anyone who wished to speak in favor of or in opposition to this request. Dr. Hahn asked Mr. Caldwell if there was anything he wished to say about this. Mr. Caldwell stated he did not. . . . Page 2 Z B A Minutes March 13, 1980 Mr. Range moved, seconded by Mrs. Williams, to approve BA 80-1 as requested. This motion carried with the following vote recorded: Mr. Helton, yea, Mr. Range, yea, Mr. Roseberry, yea, Dr. Hahn, yea, and Mrs. Williams, yea. Mr. Roseberry stated we are hav;ng a lot of this and would suggest the contractors be more careful in the future. BA 80-2 APPROVED Request of Richard Hudler to vary from the Zoning Ordinance #179 to allow house to be built over the front and side building line. This property is located at 8304 Forrest Oak Drive. Mr. Richard Hudler presented his request to the Board. He stated he built the house in May, 1978 and sold it September, 1979. He said that VA found that the house was 16 inches too close to the street and 12 inches too close to the side. Mr. Hudler said he was request- ing this variance to get their files straight so there will be no problems in later years should this property change hands. Mr. Range asked how far the house next to this one was from the side yard line. Mr. HUdler stated he did not know, but it should be 6 feet. Mr. Range stated if they both were over the building line, there might be a fire hazard. The Chairman asked if there was anyone who wished to speak in favor of or in opposition to this request. Mr. Roseberry moved, seconded by Dr. Hahn, to approve BA 80-2 as requested. This motion carried with the following vote recorded: Mr. Helton, yea, Mr. Range, yea, Dr. Hahn, yea, Mr. Roseberry, yea, and Mrs. Williams, yea. Mr. Helton asked what the city could do to prevent this from happening. Mr. Caldwell stated it could be measured at the time the rough plumbing is inspected, but it is very hard to catch on a cul de sac or curve. . . . Page 3 Z B A Minutes March 13, 1980 BA 80-3 POSTPONED Request of the City of North Richland Hills to consider the discontinuance of the Non- conforming Use-Day Care/Pre-School. This property is located at 7817 Maplewood Ave. Mr. James Anderson, Director of Public Works for the City of North Richland Hills appear- ed before the Board and outlined the various courses of possible action relating to the use of the property. Due to the prior com- mitment of the attorney representing the property owner, Mr. Anderson requested a postponement of the scheduled hearing until next month. Dr. Hahn moved, seconded by Mrs. Williams, to postpone BA 80-3 until the next ZBA meeting which will be April 10, 1980. The motion carried with the following vote re- corded: Mr. Helton, yea, Mr. Range, yea, Dr. Hahn, yea, Mr. Roseberry, yea, and Mrs. Williams, yea. BA 80-4 POSTPONED Request of Gilbert Swain to vary from the Zoning Ordinance #179 to be allowed to have a 48 inch high wood fence beyond the front building line. This property is located at 8024 Valley Drive in Green Valley Country Est. The Chairman stated that Mrs. Swain had called and requested this be postponed until the April meeting due to illness in her family. Mrs. Williams moved, seconded by Mr. Range, to postpone BA 80-4 until April 10, 1980. This motion carried with the following vote recorded: Mr. Helton, yea, Mr. Range, yea, Dr. Hahn, yea, Mr. Roseberry, yea, and Mrs. Williams, yea. BA 80-5 APPROVED Request of North Park Baptist Church to vary from the Zoning Ordinance #179 to be allowed to install a 51 x 201 pylon sign in the front of the church. This property is located at 7025 Watauga Road. Steve Waldrum with Waldrum Sign Company, Irving, Texas, represented the church in their request. He stated the current Zoning Ordinance regard- ing church signs allows only 18 sq. foot signs. Mr. Waldrum stated the church IS desires are: . . . Page 4 Z B A Minutes March 13, 1980 1 1: Their sign should be seen from Rufe Snow. He showed pictures to the Board, one taken on the corner of Watauga Road and the other one down Rufe Snow Drive. 2. They have just invested in a new facility at this location and wants to match the sign with the facility. He showed a picture of the new facility. 3. They want to portray the best possible image. He showed a picture of the present wood sign that is in front of the church now. Mr. Waldrum showed a large picture of the sign the church wishes to install. He stated the sign would be 25 feet high and would be 5 feet by 20 feet. Mr. Waldrum showed pic- tures of a sign on the corner of Watauga and Rufe Snow, Stop N Go, which is 110 sq. ft., the shopping center sign down the street on Rufe Snow, which is 200 sq. ft., and one down Watauga Road which is 110 sq. ft. He also showed a picture of another church sign and a school sign. Mr. Waldrum stated this sign would portray the proper image of the church. He said if you saw a restaurant with an old wrecked sign out front, you would not want to go in and eat there. Its the same way with a church. Mr. Waldrum stated this sign would be installed 17 feet behind the 50 foot dedication for the street. Mr. Roseberry asked Mr. Caldwell if the city had just started enforcing the sign ordinance. Mr. Caldwell stated that was correct. He said under Land Use in the Zoning Ordinance #179, there are 5 sign requirements: Page 15, there are 3 and Page 17, there are 2 more, but it does make allowances for churches. That is why we sent them to the ZBA. He stated the city does not have an ordinance for Local Retail, Commercial, or Industrial. They only have one for billboards, churches, real estate, and neighborhood retail which stipulates the square footage. Mr. Caldwell stated that when a church or neighborhood retail comes in for a sign permit, they will have to come before the Board if it is to be larger than the requirement. . . . Page 5 Z B A Minutes March 13, 1980 1 Mike Fulfer, Assistant Pastor of North Park Baptist Church stated they have been there 3 years. He said a lot of people do not know where the church is located, they see the new structure, but say they did not know it was the North Park Baptist Church. Mr. Roseberry stated he believes that #19, Page 22, Zoning Ordinance #179, refers to outside billboards that some churches have where they can put different wordings on them. Mr. Roseberry said he would like to have our attorney give us an answer on this. Mr. Caldwell stated he is in the process of putting together a IIsign ordinancell and if accepted by the City Council, any sign in the city that does not meet the new ordinance will have to be taken down. He stated that, should the Board grant this variance request tonight, they should stipulate that it will meet any sign ordinance that is enacted. Mr. Caldwell stated there is a sign that is going in down the street that will be 90 feet high. If they put it up, when the new ordinance goes in, they will have to take it down. Mrs. Williams stated this could be very expensive. Dr. Hahn asked Rev. Fulfer how he felt about this. Rev. Fulfer stated they are paying $9,500 for this sign; they are not putting up a gaudy sign. Dr. Hahn asked if they would be willing to spend the additional money to conform to the new sign ordinance when it is enacted. Rev. Fulfer asked Mr. Caldwell what he thought about their sign. Mr. Caldwell stated he does not feel their sign would fall within the restriction. He said the ordinance will stipulate none higher than 35 or 40 feet. Mr. Caldwell stated the only thing he might question would be the square footage. He said he can only make the recommendations to the City Council. Mr. Caldwell . . . Page 6 Z B A Minutes March 13, 1980 1 said he has called 3 large sign companies and has asked their opinions as to what are the most common sizes, etc. They plan to furnish us with films, size, and heights. He said he plans to meet with the different cities around to see what problems they have had before he decides on a sign ordinance. Rev. Fulfer asked Mr. Caldwell how long this would take. Mr. Caldwell stated he had no idea, but hoped he could get it together and approved within 6 months. Mrs. Williams asked what the zoning was on this church. Mr. Caldwell stated it was residential. Mrs. Williams asked if the sign was lighted. Rev. Fulfer stated only the letters will be lighted. Dr. Hahn asked what it would be constructed of. Mr. Waldrum stated the base will be brown plex and the white letters will have a raised effect with gold trim around each letter. He said it will have all enclosed wiring and only the letters will glow. Rev. Fulfer stated they would like to go ahead and request the variance. . Mr. Range asked Mr. Caldwell if after the new sign ordinance is in force, will they be hear- ing any of the variance requests. Mr. Caldwell stated they would not. He said he will create a IISign Board of Adjustments" that will hear all of the appeals. Mr. Roseberry asked if this sign will present a problem to the neighbors around the church. Rev. Fulfer stated there are homes on 3 sides of them, but only the people to the west will be able to see the sign. He said they are . . . Page 7 Z B A Minutes March 13, 1980 1 approximately 1000 feet from the shopping center on the corner. Mr. Range asked if the sign could possibly be turned off around 11:00 olclock P.M. Rev. Fulfer stated it definitely would be, not only to conserve energy, but also to save expense. Mr. Roseberry said Mr. Caldwell should con- sider this point for his new sign ordinance. The Chairman asked if there was anyone who wished to speak in favor of or in opposition to this request. OLD BUSINESS .Dr. Hahn moved, seconded by Mr. Range, to approve BA 80-5 as requested. This motion carried with the following vote recorded: Mr. Helton, yea, Mr. Range, yea, Dr. Hahn, yea, Mr. Roseberry, yea, and Mrs. Williams, yea. Mr. Anderson appeared before the Board and spoke regarding the importance of creating an adequate record for court review. He outlined the various criteria that should be applied to each request for variance and emphasized the need to show in the record that these criteria were satisfied. OLD BUSINESS Mrs. Williams asked Mr. Caldwell if Mr. Henry had ever vacated his property on Flory Street. Mr. Caldwell stated he did not think he had, but he had put up a fence. He said the Board failed to put a time limit for Mr. Henry to get out in their motion. Mrs. Williams asked what recourse they had. Mr. Roseberry stated the Board has the authority to discontinue the non-conforming use. Mrs. Williams asked Mrs. Calvert to pull the minutes concerning Mr. Henryls last re- quest and report back to the Board at the next meeting. . . . Page 8 Z B A Minutes March 13, 1980 OLD BUSINESS Mr. Anderson told the Board that he has an amendment to the Zoning Ordinance #179 coming up before the Planning and Zoning Commission and the City Council to have alternate members for the Zoning Board of Adjustment. This will help the city as well as the ones making the request because we will not have to cancel a meeting due to the absence of members. The regular members, if ill or caught out of town on meeting night, would not feel so bad about having to miss. The alternants would be sent a packet each time so they would be familiar with the cases to be heard. ADJOURNMENT The meeting adjourned at 8:45 P.M. ------~