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HomeMy WebLinkAboutZBA 1980-05-08 Minutes . . . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF APRIL 10, 1980 NEW BUSINESS BA 80-6 WITHDREW BA 80-7 POSTPONED MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, MAY 8, 1980 The meeting was called to order by the acting Chairman, Dr. Hahn at 7:00 P. M. PRESENT: Dr. E. K. Hahn Jesse Range Jack Roseberry Jo Ann Williams ABSENT: H. B. Helton CITY STAFF PRESENT: Gary Caldwell Wanda Calvert Mrs. Williams moved, seconded by Mr. Roseberry, to approve the minutes as written. The motion carried 3-0 with Mr. Range abstaining since he was absent. Request of The Ryland Group to vary from the Zoning Ordinance #179 on Lots 2 & 3, Block 8, Windcrest Addition, to be allowed to install a split rail fence beyond the front building line on two model homes. This property is located on the east side of Windhaven Road, approximately 90 feet north of Hightower Drive. This request was withdrawn by John Elliott, manager of the company, on May 5, 1980. Request of International House of Pancakes to vary from the Zoning Ordinance #179 on Lot 3, Block 1, North Edgley Addition, to be allowed to build beyond the front build- ing line. They would have a 53 ft. building line. This property is located on Grapevine Hwy. between Cloth World and Edison's Jewelry. Mr. Jim Boyle, Regional Manager of I-HOP, stated they would like to have the variance so their set-back would be 53 feet like the proposed R. B. Furniture Company building. Mr. Boyle showed the Board landscape drawings of the proposed I-HOP building. . . . Page 2 Z B A Minutes May 8, 1980 Mr. Roseberry asked Mr. Caldwell if R. B. Furniture came before ZBA for their set- back. Mr. Caldwell stated they did not have to. He said the minimum set-back is 50 feet, but Edisons and Cloth World chose to have their parking in front so they set back 150 feet. Mr. Caldwell said the way to determine the set-back for I-HOP would be to draw a line from the front of Cloth World to the front of R. B. Furniture. Mr. Roseberry asked Mr. Caldwell where this was found in the Ordinance. Mr. Caldwell stated it was on Page 82, Article XXV, Section 2. There was a discussion with the Board and Mr. Boyle regarding the set-back. Mr. Boyle said if they had more space, they would have no problem with the set-back. Mrs. Williams asked how far the building would be from Cloth World. Mr. Boyle said he wasn't sure. Mr. Caldwell said that after looking at the site plan which shows the lease line, this property will have to be replatted before another building can be built on the balance of the lot. Mr. Boyle said that would be no problem and he would start on the replatting right away. Mr. Caldwell told Mr. Boyle that he needs to get with the Fire Marshall regarding the 20 ft. fire lane requirement. Mr. Boyle said that I-HOP and R. B. Furniture would like to share a common fire lane. Mr. Caldwell said he was sure that this would not be allowed, but these problems could be discussed later. Dr. Hahn said if these people have to replat before they can build, why is the Board hear- ing this request. Page 3 Z B A Minutes May 8, 1980 1 . Mr. Caldwell said that I-HOP does not have to plat now, but if they ever want to sell off the balance of the lot and build on it, it would have to be replatted into separate lots. Dr. Hahn asked if there was anyone who wished to speak in favor of or in opposition to this request. Neal Lacey, 1712 Commerce, Dallas, Texas, came forward to represent Mr. Farha, owner of Cloth World Shopping Center. . Mr. Lacey said they did not feel it was quite fair to allow this when the Zoning Ordinance clearly states how one should find the building line. Mr. Lacey showed the Board three overlays showing where the building line would be if the code is enforced, where it would be if the code is not enforced, and where it would be at the present time. Dr. Hahn said he was not sure that I-HOP should have come before the Board. Mr. Range asked Mr. Caldwell if R. B. IS building had been started. Mr. Caldwell said R. B. Furniture's build- ing permit is approved and ready to be picked up, but they are not ready to build. Dr. Hahn said if R. B. IS is not ready to build, why is the city requiring I-HOP come in for this variance. Mr. Caldwell said he had discussed this with the Public Work's Director and this is what he told us to do since we do have R. B. IS plans. Mr. Roseberry said he felt they should go by the Zoning Ordinance, and I-HOP is the first one to come in. Mr. Range said we know that R. B. 's will be there, the city already has their plans. . Page 4 Z B A Minutes May 8, 1980 1 . f1rs. Williams asked ~1r. Boyle if it would inconvience I-HOP if the Board tabled this request until next month and see if the city could get with R. B. Furniture to see when they plan to build and if they would consider setting back some. Mr. Caldwell said that R. B. Furniture knows where they want their building; they could have a 50 ft. set-back, but their plans call for 53 ft. He said he was sure they would not change their set-back. Mr. Roseberry said that on Page 83 of the Zoning Ordinance it states: II~Jhere a build- ing is to be erected on a parcel of land that is within 200 feet of an existing build- ing on one side only, such building may be erected as close to the street as the existing adjacent building; however, this regulation shall not be interpeted as requiring a build- ing line of more than 50 feet. II Mrs. Williams said she felt the Board should seek legal advice on this. . All the Board agreed. Mrs. Williams moved, seconded by Mr. Roseberry, to postpone BA 80-7 until the next meeting, June 12, 1980, and request the city staff con- tact the City Attorney for a legal opinion on Article XXV, Section 2, A, B, & C. The motion carried with the following vote recorded: Dr. Hahn, yea, Mr. Range, yea, Mr. Roseberry, yea, and Mrs. Williams, yea. SA 80-8 t~ITHDREW Request of Joe E. Gray to vary from the Zoning Ordinance #179 on Tracts 3 & 3V, Abstract 1055, to not be required to install a fence around his swimming pool. This property is located at 9216 Amundson Dr. This request was withdrawn and money refunded since Mr. Gray needed to take his request be- fore the City Council. BA 80-9 DENIED Request of Mrs. Howard Hall to vary from the Zoning Ordinance #179 on Lot 11, Block 2, Snow Heights Addition, to be allowed to have a fence beyond the building line. This property is located at 6800 Corona Dr. . Page 5 Z B A Minutes May 8, 1980 1 . Mrs. Brenda Hall stated the reason she needs this variance to have this fence on the side of her house is because she has a swimming pool in the back yard and has no place for her two-year old girl to play. She said she would like to keep the fence up for two or three years. Mrs. Williams asked how long Mrs. Hall had lived there. Mrs. Hall said one year. Mrs. Williams asked Mrs. Hall if she was aware that the fence is on city property now. Mrs. Hall said she does now. Mr. Caldwell said he went out to see where the fence was, and it is on the cityls pro- perty. He said he explained to Mrs. Hall that if given the variance, the fence would still have to be moved off the city IS property. Mr. Caldwell said the fence was all the way to the curb. . Mr. Roseberry asked Mrs. Hall to show him where she wants the fence. Mrs. Hall said she would like to leave it where it is, but would agree to moving it off the cityls property. Dr. Hahn asked how much distance there would be from the stockade fence and where she could put the fence if granted the variance. Mr. Caldwell said she would have to move it back from the curb 9~ feet. Dr. Hahn asked if there was anyone who wished to speak in favor of or in opposition to this request. Wilson Newberry, 4912 Wilhite, said this fence is in his front yard. He said if this fence is allowed to stay, they would have no control over what was kept in it. . Mr. Newberry said that where the fence is now, he can It get out of his driveway. . . . Page 6 Z B A Minutes May 8, 1980 Mr. Newberry said he talked to an appraiser and he said the fence would depreciate the surrounding property. Mr. Range asked Mrs. Hall if she would be willing to move the fence. Mrs. Hall said she would. Mr. Roseberry asked Mrs. Hall if she could put the fence inside the stockade fence. Mrs. Hall said the back yard is all concrete. Mrs. Williams said Mrs. Hall knew she would have this problem when she bought this house. Mrs. Hall said they moved from Haltom City to better themselves. She said they also got a $15,000 cut on this house. Dr. Hahn asked at what time of the day would Mrs. Hall have the child out there in the fence. Mrs. Hall said it would be from 6:00 P. M. till dark because she works. Mr. Range stated he felt there is no unusual hardship in this case so he was requesting that BA 80-9 be denied. Mrs. Williams seconded the motion and the following vote was recorded: Dr. Hahn, yea, Mr. Range, yea, and Mrs. Williams, yea, for denial; Mr. Roseberry voted, nay, against denial. BA 80-10 WITHDREW Request of W. H. English to vary from the Zoning Ordinance #179 on Lot lA, Block 1, Richfield Place Commercial Addition, to be allowed to have a fence beyond the building line. This property is located at 7801 Grapevine Hwy. at the intersection of Davis Blvd. and Grapevine Hwy. SA 80-11 DENIED This request was withdrawn because Mr. English did not furnish the necessary plats of the property for the request. Request of Mike and Richard Walters to vary from the Zoning Ordinance #179 on Tract lOBI, Abstract 1266, to be allowed to have a 40 ft. road frontage instead of the required 150 ft. Page 7 Z B A Minutes May 8, 1980 1 . in Agricultural zoning and also be allowed to have a modular home on the property to use until he can build a house there. This property is located just south of Oakleaf Mobile Home Park and approximately 1700 feet west of Precinct Line Road. Mike Walters came forward. He said he is in the process of buying two tracts of land from John McNary. Mr. Walters said he needs two variances-one for the 40 ft. easement into the property and one-to be allowed to have a modular home on the property. He said the economy is so bad, he would not be able to build for a few years. Mr. Range asked what he meant by a modular home. . Mr. Walters said it would be a 40 x 80 ft. mobile home built with a connecting roof and a patio garden. Mr. Roseberry asked if it was OK for a person to ask for more than one variance in one request. Mr. Caldwell said it was better because we would know everything they want to do. Dr. Hahn said the request to use a mobile home would have to be decided by the City Council. Mr. Caldwell said that was correct. He ex- plained that Mr. Walters would have to have a Specific Use zoning for a mobile home, which has to be heard by Planning and Zoning and the City Council. The cost for this is $150 and takes approximately two months. Mr. Caldwell told the Board this case is the same as with Dennis Boyd~ The tract is land- locked unless Mr.. McNary dedicates the 40 ft. easement to Mr. Walters. Mrs. Williams asked how Mr. McNary gets by with selling off pieces of land until it is landlocked~ . ~1r. Walters said he was sure that Mr. McNary would dedicate the 40 ft. that is needed. . . . Page 8 Z B A Minutes May 8, 1980 OLD BUSINESS ADJOURNMENT Mr. Roseberry said if Mr. McNary didnlt, Mr. Walters would have a recourse against Mr. McNary. Mrs. Williams asked if Mr. McNary owned all the land around this property. She asked what would happen if someone came in and developed the property adjoining this and run a street along Mr. Walters I property and assessed Mr. Walters for street, curb and gutter, etc. Mr. Walters asked if it was a requirement to have streets in acreage, in rural property. Mr. Caldwell said this 40 ft. easement would be yours and you would have to maintain it. Dr. Hahn said the highest and best use would be to develop it into a subdivision with properly built streets, etc. Mr. Roseberry said this is not rural property; there are already plats being drawn up on that area to have legal streets, etc. Dr. Hahn said that Mr. McNary should develop this whole piece of land and run a road all the way back from Precinct Line Road. Mr. Range said this is an extreme case and if the Board were to pass this, we would need to just do away with the Ordinance. Mr. Roseberry moved, seconded by Mr. Range, to deny BA 80-11 since this would not be the best use of the property and would cause problems. The motion carried with the following vote recorded: Dr. Hahn, yea, Mr. Range, yea, Mr. Roseberry, yea, and Mrs. Williams, yea. All members voted for denial. None. The meeting P. M. NTS