Loading...
HomeMy WebLinkAboutZBA 1980-08-14 Minutes . CALL TO ORDER ROLL CALL INSTALLATION OF NEW MEMBERS . CONSIDERATION OF THE MINUTES OF JULY 10, 1980 NEW BUSINESS BA 80-14 APPROVED . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUGUST 14, 1980 Jesse Range called the meeting to order in the absence of the Chairman. PRESENT: Jesse Range Dr. E. K. Hahn Marie Hinkle Bill Stimmel ABSENT: H. B. Helton Jack Roseberry CITY STAFF PRESENT: CITY MANAGER BUILDING OFFICIAL P & Z COORDINATOR Chuck Williams Ga ry Ca 1 dwe 11 Wanda Calvert Mr. Range administered the oath of office to new member Marie Hinkle and alternate member Bill Stimmel. Mr. Range said they would be unable to approve the minutes since there were not enough present that was present at the July 10th meeting. Mr. Range explained the duty of the Zoning Board of Adjustment. He said they were required to study and hear requests wishing to vary from the city·s written document, Zoning Ordinance #179. They must decide if it would create undue hardship or render the property unusable. Mr. Range said II the procedure is the requestee presents his request to the Board, the Board asks him questions, then anyone wishing to speak in favor of or in opposition to the request may speak.l! He said it is necessary to have 4 *affirmative votes to reach a decision. I Request of Epoch Properties to vary from the Zoning Ordinance #179 on Tract IE, Abstract 1653, and Tract lA, Abstract 308, to be allowed to have an average of 750 sq. ft. floor space per unit instead of the required 750 per building. * Should read: "affirmative votes to grant any variance. II , Page 2 Z B A ~1i nutes August 14, 1980 . This property is located approximately 650 feet south of Harwood Road and bounded on the east by Thousand Oaks Apartments. Bob Bentel with Epoch Properties, Developer of Haystack Apartments, came forward. Mr. Bentel stated that in 1978 they were granted this same variance on Phase I. He said they were requesting the variance now for Phase II. Mr. Bentel said the average of the total square footage would be 838 sq. feet. He said the 1-bedroom apartments would average 750 sq. ft. and there would be 8 units to a building. Mr. Bentel said only 38% of the units would be one-bedroom. . Mr. Bentel said there would be 112 units of I-bedroom, I-bath apartments with 680 sq. ft. making a total of 76,160 sq. ft.; 24 units of 2-bedroom, I-bath apartments with 860 sq. ft. making a total of 20,640 sq. ft.; and 152 units of 2-bedroom, 2-baths with 952 sq. ft. making a total of 144,704 sq. ft. All this square footage added together is 241,504 sq. ft. divided by 288 units would equal 838 sq. ft. Mr. Bentel said the average is far more than the 750 sq. ft. requirement. Mr. Bentel said the buildings are already within 2 to 3 feet of the minimum yard area so it would be hard to enlarge the buildings. Dr. Hahn asked Mr. Caldwell if he saw any problems with this. Mr. Caldwell stated that he had gone over the plans several times with their architect and have gotten all the problems worked out if the variance is granted. Dr. Hahn asked if they were also asking for a variance for less parking spaces. Mr. Bentel said they were not. He said they would have the required amount. Mr. Range asked Mr. Bentel how the first Phase was going. . Mr. Bentel said livery goodll. Page 3 Z B A Minutes August 14, 1980 . Mr. Range asked how they liked the smaller apartments. Mr. Bentel said livery well II. He said he has been in this business for 10 years and he has found out the 680 sq. ft. fits their clientele. Mr. Bentel showed the Board the floor plans of the apartments. He said this phase would also have a wash room. Mr. Bentel said they could build it with a 2-bedroom on one side and a 2-bedroom on the other side and an efficiency in the middle, which would meet the Ordinance requirements, but this would be additional building costs when it really doesn't add floor space. The acting Chairman called for anyone wishing to speak in favor of or in opposition to this request to please come forward. There being no one to speak, Mr. Range closed the Public Hearing. . Dr. Hahn moved, seconded by Mrs. Hinkle, to approve BA 80~14 as requested. The motion carried with the following vote recorded: Range, yea, Hahn, yea, Hinkle, yea, and Stimmel, yea. BA 80-15 POSTPONED Request of John McNary to vary from the Zoning Ordinance #179 on Tract 3R2, Abstract 1055, to be allowed to build on .691 acre of land in Agricultural zoning with only 30 ft. road frontage instead of at least 2 acres and 150 ft. road frontage. This property is located on the east side of Crane Road and approximately 900 feet south of Amundson Drive. John McNary came forward. He said he has a piece of property off Crane Road that is the last remaining piece of property left. He said all the property around it has been developed. Mr. McNary said this piece of land is 200 feet on three sides and 100 ft. on the other side. He said he has a 30 ft. easement for ingress-egress. . ~ Page 4 Z B A Minutes August 14, 1980 . Mr. McNary said that Bob Hoover wants to build an 1800 sq. ft. house on this property. Mr. McNary showed the Board where the property was located and showed them the 30 ft. easement. Mr. Caldwell said it was the same 30 ft. easement that Mr. Boyd had when he came in for his variance. Mr. McNary said he has half interest in the 30 ft. easement. Dr. Hahn asked what would happen when the property is sold. Mr. Caldwell said the easement is recorded at the Court House to go with the land. He said the road will be forever open. Mr. Caldwell said Mr. Boyd tried to fence it off but the city wouldn't allow it. Mr. Range asked who owns this easement. . Mr. McNary said the property is owned by two people for their use and they are taxed for it. Dr. Hahn asked what if one of these people don't pay their taxes, then what would happen. Mr. Caldwell said the gentleman that owns the property that backs up to this property, the one where the barn is, came in and said he owns the property and Mr. Boyd came in and said he owns the road. Mr. McNary said Mr. Boyd's property was foreclosed and the bank owns his part now. Mr. Caldwell said everyone involved say they have a recorded paper which says they own the road. Mr. McNary said that Mr. Carr divided all this property up into tracts some 30 years ago and he was the one that put in all these easements. . Mr. Caldwell asked Mr. McNary if he previously owned all this land. Page 5 Z B A Minutes August 14, 1980 . Mr. McNary said he did. Mr. Caldwell asked why he didn't develop the road. Mrs. Calvert asked Mr. McNary why he didnlt come in and zone and plat the property and develop the whole area where there would not have been a piece of land that is landlocked. Mr. McNary said that would not have helped. He said he sold the property off in the tracts that Mr. Carr had divided it into. Dr. Hahn asked Mrs. Calvert if she contacted the property owners and if there was any comments from them. Mrs. Calvert said she sent letters to eleven property owners and had no comment from any of them. . Mr. Caldwell said this is the last piece of land on the road that is undeveloped. There are houses built all around that are from 1500 to 2000 sq. ft. floor space. He said that in Agricultural zoning, you can build a 1200 sq. ft. house, but if this property was zoned and platted, the lot would accomodate an 1800 sq. ft. house. Mr. McNary said he was willing to put an 1800 sq. ft. house on it. Mr. McNary said when Mr. Boyd came in, the Board granted him access to his property. Dr. Hahn said Mr. Boyd had more than two acres of land plus the easement. Mr. McNary said he would be glad to furnish papers stating he owns half of this 30 ft. easement. He said he has a Title Policy showing the two owners. Dr. Hahn said if others own the property also and the Board grants this request, the Board could be sued. . Mr. McNary said there could not be another owner, he has a Title policy. , Page 6 Z B A Minutes August 14, 1980 . Dr. Hahn said he bought a piece of property, received a Title policy on it, but now the county says there are back taxes owed on it. Mr. Range asked Mr. McNary if he would furnish the City Attorney with a copy of his Title policy. Mr. McNary said he would. Dr. Hahn asked Mrs. Calvert if she would contact the property owners that use the road and see if they have a legal Title policy also. Mrs. Calvert said she would. Mr. Caldwell said the road would stay there. He said he has been out there hundreds of times and he feels the road will always be there, but he feels the major problem is the ~ .691 acre in Agricultural zoning. Mrs. Hinkle asked how large the houses were around this property. . Mr. Caldwell said they were probably from 1500 to 2000 sq. ft. Mrs. Hinkle said she did not have much worry about the Title policy since she deals with this in her business, but what she is concerned about is the 1200 sq. ft. house allowed in Agricultural zoning. Mrs. Hinkle made a motion to deny BA 80-15. This motion was seconded by Mr. Range and the following vote was recorded: Hinkle, yea, Range, yea, and Hahn, yea. Mr. Stimmel said he did not want to cast his vote without having 'a legal opinion regarding Mr. McNary's Title policy. Mrs. Hinkle asked the Board to allow her to withdraw her motion. The Board agreed. Mrs. Hinkle made a motion to postpone BA 80-15 until September 11, 1980 so the Board can get the City Attorney's views . Page 7 Z B A Minutes August 14, 1980 , . on this matter. This motion was seconded by Mr. Stimmel. The motion carried with the following vote recorded: Hinkle, yea, Stimmel, yea, Range, yea, and Hahn, yea. BA 80-16 APPROVED Request of Mrs. Don Cooper to vary from the Zoning Ordinance #179 on Lot 1, Block 20, North Richland Hills Addition, to be allowed to build over the side building line approximately 4 feet. This property is located at 4601 Holiday Lane East. Mrs. Cooper came forward. She said she was going to have an addition to her family and she needs an addition to her house for it. Mrs. Cooper said her house is on a curve and they have lots of room, and the addition would not block the view. She said the addition would be brick just like her house and it would not look like it has been added on. Mr. Range asked Mrs. Cooper if she had thought about moving the addition over some. . Mrs. Cooper said she was trying to save two windows. She showed pictures of where she wants to build. Mr. Caldwell said he went out and measured Mrs. Cooper's property and found she might not be over the building line because the house next to herls is 40 ft. from the street and her's is 41 ft., but since there were no property pins, they were unable to tell for sure. There was no one in the audience so there was no one to speak regarding this matter. Dr. Hahn moved, seconded by Mr. Stimmel, to approve BA 80-16 as requested. The motion carried with the following vote recorded: Hahn, yea, Stimmel, yea, Range, yea, and Hinkle, yea. OLD BUSINESS Mr. Range said he would like to have a legal clarification regarding the voting when only four members are present. . Page 8 Z B A Minutes August 14, 1980 . ADJOURNMENT Mrs. Calvert said she would find out from the City Attorney and report back to the Board members. The meeting adjourned at 8:30 P.M. /.\. ... ~.. . ..¿J/.... 'í /'h !: ~ CHAIRMAN ZONING BOARD OF ADJUSTMENT . . ~