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HomeMy WebLinkAboutZBA 1980-07-10 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF MAY 8, 1980 . NEt~ BUSINESS BA 80-12 APPROVED . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, JULY 10, 1980 The meeting was called to order by the Chairman, H. B. Helton, at 7:00 P.M. PRESENT: H. B. Helton Jack Roseberry Jesse Range Jo Ann Williams ABSENT: Dr. E. K. Hahn CITY STAFF PRESENT: Dennis Horvath Ga ry Ca 1 dwe 11 Wanda Calvert Mr. Range moved, seconded by Mrs. Williams, to approve the minutes with one correction on page 5, paragraph one, change "front yard" to II side ya rd II . ~·10t ion ca rri ed wi th the following vote recorded: Range, yea, Roseberry, yea, and Williams, yea. Mr. Helton abstained since he was absent at this meeting. Request of Walter Browning with Joy Homes, Inc. to vary from the Zoning Ordinance #179 on Lot 4, Block 1, Diamond Loch Addition, to be allowed to build a swimming pool and fence beyond the side building line. This property is located on the corner of Diamond Loch and Glenview Drive at 6305 Diamond Loch. Mr. Walter Browning, 4013 Diamond Loch East, came forward. He stated that on this property, next to Glenview, he has put up some brick columns 18 inches high, but would like to put them up to 6 feet and install a 6 ft. stockade fence for a distance of about 42 feet. Mr. Browning stated he wanted to save two gorgeous trees on the lot and another one at the entry would have draped over the house, so he moved the house over 12 feet . Mr. Browning stated he was requesting a 15 ft. building line on the Glenview side. Page 2 Z B A Minutes July 10, 1980 1 . Mrs. Williams asked Mr. Browning to explain about the 15 ft. building line needed. Mr. Browning said the building line on Glenview is 30 feet and he is requesting a minimum of 15 feet. He showed the Board where he wants to build the fence. Mr. Browning said there was already a brick wall on the corner that was put up by Sabine Valley a long time ago. Mr. Browning said this is a very noisy corner and this would make it more quiet and more private. Mr. Roseberry asked how far it was from the property line to the curb. Mr. Caldwell said 15 feet. . Mrs. Williams asked Mr. Caldwell to explain where Mr. Browning could put the fence. Mr. Roseberry asked how far it would be from the house next door. Mr. Browning said Bob Legge' had started a house next door and it is at least 30 feet from his building line. Mr. Caldwell said it was a very large house, too. In fact, Mr. Legge' was afraid he would not be able to get it on the lot. Mr. Roseberry asked Mr. Browning if he plans to live in this house. Mr. Browning said he was not, but that he felt he should get this all taken care of before he sold it. He said he wants to be able to have a swimming pool and this is the only place to put one. Mr. Range said to have a swimming pool, you have to have it enclosed. He showed Mr. Browning where he would have to have the fence. Mrs. Williams asked who's property was the rock wall on. . Mr. Caldwell said it was on the property line. Page 3 Z B A Minutes July 10, 1980 1 . Mr. Browning said he has planter boxes and 18" high posts along the driveway, and was not aware that you had to have it all enclosed in order to have a pool. Mr. Browning said he would like to request the Board grant the installing of the fence to conform to the ordinance. There was more discussion with Mr. Browning and the Board. The Chairman asked if there was anyone who wished to speak regarding this request. No one came forward. . Mr. Helton said what Mr. Browning wants to do is to be allowed to build a fence and a swimming pool over the side building line. Mrs. Calvert explained that this Board does not have the authority to change the building line, but they can grant a variance allowing him to build over the building line. Mr. Range asked Mr. Caldwell if this request was granted, would they be allowed to build anything over the building line. Mr. Caldwell said the Board had the right to grant the fence and deny the pool being over the building line. Mr. Browning said the lot slopes about 12 or 13 feet and this would be the only place for a pool. Mrs. Williams asked Mr. Caldwell if the Board could go ahead and grant Mr. Browning the variance for the fence across the front part, also. . Mr. Caldwell said they could. Mr. Roseberry made a motion on BA 80-12 to allow a swimming pool to be built no closer than 15 feet to the property line and that a fence be allowed to be built on the property line as sketched on this plot plan and that the plan be made a part of the minutes. This motion was seconded by Mr. Range and the Page 4 Z B A Minutes July 10, 1980 1 i . following vote was recorded: Roseberry, yea, Range, yea, Helton, yea, and Williams, yea. BA 80-13 DENIED Request of David Barfield and G. W. Austin, Jr. to vary from the Zoning Ordinance #179 on a portion of Tract 3R, Abstract 1055, to be allowed to have a small green house and nursery in Agricultural zoning. This property is located on the west side of Precinct Line Road extending approximately 450 feet westerly and is approximately 700 feet south of Amundson Drive. Mr. David Barfield came forward. He stated this is a piece of land 60 ft. wide and 450 feet long. Mr. Barfield said he was granted a variance a few months ago from the 150 ft. road frontage requirement in Agricultural zoning. He said since then, they have built a common road to the south of his property that four adjoining property owners use. . Mr. Barfield said he and Buddy Austin want to have some plants and fruit trees for sale on this strip of land. He said he doesn't want to change the zoning. Mr. Roseberry asked what property Mr. Austin owns. Mr. Barfield said he owns the property, but he wants to allow Mr. Austin to use it for not more than 5 years. Mrs. Williams asked who owns Tract 1. Mrs. Calvert gave the names of the property owners she sent letters to. Mr. Roseberry asked Mr. Barfield if he planned to have a building on the property. Mr. Barfield said it would only be a small portable green house. Mrs. Williams asked if he planned to put up a fence. . Mr. Barfield said he would get with Mr. Austin and would probably put up one. Page 5 Z B A Minutes July 10, 1980 1 . Mrs. Williams asked Mr. Caldwell how close he could put the fence. Mr. Caldwell said there was a 50 ft. building line in Agricultural zoning. Mr. Roseberry said this request is what the Board has been trying to discourage in the city. He said if they grant such requests, for a small business for a limited time, they always get larger and larger. Mr. Barfield said he had no intension of continuing the business after 5 years. Mr. Barfield said he does not want to change the zoning because he has to have the 60 ft. access. He said they would only use it for a business for a short period of time. . Mr. Caldwell told Mr. Barfield that if this request is granted, that at the time he comes in to get a building permit to build his house, he would have to immediately cease the business. Mr. Barfield said he was not aware of this. Mrs. Calvert said that Mr. Barfield and Mr. Austin led her to believe that Mr. Barfield did not have plans to build his house for a while. Mr. Caldwell said Mr. Barfield could sub- divide his property and zone it to Local Retail and be allowed to build his house and have his business. Mr. Barfield said he did not want to do that. The Chairman asked if there was anyone who wished to speak regarding this matter. Mr. C. E. Rosenau, 6929 Precinct Line Road, came forward. He asked if the Board planned to grant this request. Mr. Helton said they had not made their decision yet. . Mr. Rosenau said he was against the business. .~ 1 Page 6 Z B A ~·1i nutes July 10, 1980 . He said this piece of land was a designated road easement and if it was going to be a deserted road, it should go to the adjoining property owners. Mr. Rosenau said it was called out in his deed as a road and he did not feel it should be used for anything else. Mr. Rosenau said if the Board grants this, Mr. Barfield would say the city said he could do this and the city said he could do that. Mr. Barfield said he bought this piece of land in December and there was no record of it being a road. He said he paid for the property and it belongs to him. Mr. Helton asked Mr. Barfield if he had an insured title to his property. Mr. Barfield said he did. . Mr. Rosenau said it is called out as a road in his deed and is filed at the Court House. He said he could have brought the Board a copy of it if he had thought they needed it. The Chairman asked if there was anyone else who wished to speak. There was no one. Mr. Range said there are two reasons for the Board to deny this request. He said to grant such a request would be the same as rezoning it and also it would be contrary to the best use of the property. Mr. Range moved, seconded by Mrs. Williams, to deny BA 80-13. The motion carried with the following vote recorded: Range, yea, Williams, yea, Helton, yea, and Roseberry, yea. OLD BUSINESS None. ADJOURNMENT . S P. M. 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