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HomeMy WebLinkAboutZBA 1980-09-11 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, SEPTEMBER 11, 1980 CALL TO ORDER The meeting was called to order by the Chairman, H. B. Helton, at 7:05 P. M. ROLL CALL: PRESENT: H. B. Helton Dr. E. K. Hahn Jack Roseberry Jesse Range l1arie Hinkle CITY STAFF PRESENT COUNCILMAN BUILDING OFFICIAL P & Z COORDINATOR Bob Brady Gary Caldwell Wanda Calvert CONSIDERATION OF THE MINUTES OF JULY 10, 1980 Mr. Range moved, seconded by Mr. Roseberry, to approve the minutes as written. Motion carried 3-0 with Dr. Hahn and Mrs. Hinkle abstaining since they were not present at this meeting. . CONSIDERATION OF THE MINUTES OF AUGUST 14, 1980 Mr. Range stated that on page 1, paragraph 3, should read: "affirmative votes to grant a variance." Mr. Range moved, seconded by Dr. Hahn, to approve the minutes with this one correction. Motion carried 3-0 with Mr. Helton and Mr. Roseberry abstaining since they were not present at this meeting. The Chairman recognized Bob Brady, City Councilman, in the audience. The Chairman asked Mrs. Calvert to give her report from the City Attorney regarding the questions the Board requested her to ask. Mrs. Calvert stated she had a consultation with the City Attorney, Rex McEntire. She said Mr. McEntire informed her that in voting, in order to grant a variance, you must have 4 affirmative votes, but to deny a variance request, you only have to have a majority. NEW BUSINESS . BA 80-15 DENIED Request of John McNary to vary from the Zoning Ordinance #179 on Tract 3R2, Abstract 1055, to be allowed to build on a :691 acre of Page 2 Z B A Minutes September 11, 1980 . 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 ft. south of Amundson Drive. The Chairman asked Mrs. Calvert if she received a legal opinion, which the Board requested regarding Mr. McNary's 30 ft. easement to his property. Mrs. Calvert said she called Mr. McNary twice to remind him that he had agreed to supply us with a copy of his Title Policy. Mrs. Calvert said she also called Texas Commerce Bank, who now owns Dennis Boyd's property that also has an interest in the 30 ft. easement, and spoke with Tom Senor. She said Mr. Senor said he was not sure what they had regarding the easement, but would have their attorney, Jim Webb, call me. Mrs. Calvert said neither Mr. McNary nor Mr. Webb called her. . Mrs. Calvert said Mr. McNary brought two papers, which the Board has before them, to her on Tuesday of this week. She said he brought them too late for the City Attorney to look them over. Mrs. Calvert said when she had the conference with the City Attorney earlier, she told him of this situation and Mr. McEntire said that Mr. McNary did not have to own the 30 ft. easement, he just has to have rights to use the easement. Mrs. Calvert said that is what one of the papers is and the other one is a deed restriction to 1750 sq. ft. house. Dr. Hahn asked if we really know who owns the easement. . Mr. McNary came forward and presented Mrs. Calvert with a Title Policy stating he had deeded this half of the 30 ft. easement to Texas Commerce Bank arid they have given him the right to ingress-egress. Page 3 Z B A Minutes September 11, 1980 1 . Mr. Range asked who has the authority to grant this right. Mr. McNary said he used to own it; he deeded half of it to Dennis Boyd, but in the transaction with Texas Commerce Bank, the bank did not get the half of the ease- ment. Mr. McNary said the bank called him and asked if he would deed them the other half, then they would give him the right for ingress-egress. Mr. Helton asked Mr. McNary if the bank and Dennis Boyd now own the 30 ft. easement. Mr. McNary said that was correct. Dr. Hahn asked Mr. McNary why he sold the tracts off leaving this one tract with this problem. Mr. McNary said he bought the property 5 or 6 years ago from Mr. Carr. He said Mr. Carr was the one who divided the tracts up this way. . Dr. Hahn asked the ZBA members if this answered their questions. Mr. Roseberry said he felt there were more serious problems than just the ingress- agress. He said the size of the lot and everything is against our zoning ordinance. Mr. Roseberry said the Board has granted ingress-egress, but never granted one with this small amount of property in Agricultural Zoning. Mr. McNary said he had taken care of the zoning by deed restricting the house to 1750 sq. ft. Mrs. Calvert said the city does not enforce deed restrictions. Mrs. Hinkle asked Mr. McNary why he didn't come in and zone and plat the property as the ordinance requires. . Mr. Roseberry asked Mr. Caldwell if this piece of land could be platted. '.. Page 4 Z B A Minutes September 11, 1980 1 . Mr. Caldwell said there would be no problem. He said he talked to the City Attorney and he said the road would never be closed, it would always be there. Mr. Roseberry said there was a lot of difference between ~ acre and 2 acres and 30 ft. & 150 ft. road frontage. Mr. McNary said this was the last piece of property left. He sáid there are houses on all sides of this property. Mr. Range said that he agrees this is unique in that it is the last piece of land left, but as Mr. Roseberry stated, it is so different from the Agricultural zoning requirements. He said he feels the only alternative would be to change the zoning and plat the property. Mr. Helton asked Mr. McNary if he planned to build on this property. Mr. McNary said his son-in-law wants to build on it. . The Chairman called for anyone wishing to speak regarding this variance request to please come forward. There being no one to speak, the Chairman closed the Public Hearing.- Mr. Range moved, seconded by Mr. Roseberry, to deny BA 80-15. This motion carried 5-0 with the following vote recorded: Range yea, Roseberry, yea, Hinkle, yea, Hahn, yea, and Helton, yea. Mr. Roseberry said he would like to stress the fact to Mr. McNary that if the property were his (Mr. Roseberry's) he would have expected the Board to deny the variance request. BA 80-17 POSTPONED Request of David Barfield to vary from the Zoning Ordinance #179 on a portion of Tract 3R, Abstract 1055, to be allowed to convert a building previously designated as a barn or storage building to a tempoTIary residence for a period of 3 years until such time as as permanent residence can be completed. . Page 5 Z B A Minutes September 11, 1980 . This property is located on the west side of Precinct Line Road and approximately 700 feet south of Amundson Drive. Mr. Barfield came forward. He said his property is in the same general area. Mr. Barfield said he had appeared before the Board previously and was granted a variance which allowed him to build a storage building or barn on this property. Mr. Barfield said he had roughed in the plumbing and electrical. He said the building is metal with frame construction. Mr. Barfield said the city's requirement for a guest house is for it to be masonry and not have a kitchen. . Mr. Barfield said he previously owned the Chateau Valle' in Hurst but had to sell it and his home in Bedford and one in the country to pay his debts. Mr. Barfield said he and his family are having to pay 600 to 700 dollars per month for rent now. He said for $4,000.00 or $5,000.00 he could convert this building into a two bedroom house for his family to live in. He said he could save approximately $30,000.00 over a 3 year period, then after the 3 years, he would convert it back to the city requirements. Mr. Barfield said he plans to build a 3,000 sq. ft. home. Mr. Barfield said he did not feel living in this converted barn would hurt the city because it is in the middle of a wooded area. He said his boys could have a horse, a chicken, etc. Mr. Barfield said that in 3 years or less they would move out of this guest house and into their new 3,000 sq. ft. home. Mrs. Hinkle asked Mr. Barfield to show the Board which building shown on his plat is the one he wants to convert. . Mr. Barfield showed the Board. Page 6 Z B A Minutes September 11, 1980 1 . Dr. Hahn said he went out to look at Mr. Barfield's property. Mr. Roseberry said he did, too, and it was way out in the sticks. Mr. Helton asked Mr. Caldwell if he could see any problems with this request. Mr. Caldwell said yes, he did. He said he issued Mr. Barfield a permit for a barn, then later Mr. Barfield came in and said he was in trouble, he had put in the plumbing and etc. Mr. Caldwell said Mr. Barfield asked him what he could do and he suggested Mr. Barfield go before this board. Mr. Caldwell said the windows are not the correct size for safety, he has not sub- mitted any plans, yet Mr. Barfield did the rough plumbing and covered it up without and inspection; the building just doesn't meet the Universal Building Code. . Mr. Barfield said the building is on a slab, is wood frame covered with metal. He said he had previously intended to use if for storage. Mr. Roseberry asked Mr. Caldwell if he was concerned about the plumbing since it wasn't inspected. Mr. Caldwell said he was, plus Mr. Barfield has had no perk test. Mr. Barfield said he had talked to the County and they suggested he have an "evaporative field". He said he had put in several septic tanks and knew what is needed for one to be good. Mr. Barfield said it would be pretty expensive to have an evaporative field, but he wanted to fix it right so he would have no problem when he gets his house built. . Mr. Barfield said the County said they have no problem with having an evaporative field, but have had problems with North Rich1and Hills accepting it. Page 7 Z B A Minutes Septembe.r 11, 1980 1 . Mr. Caldwell said they had one in North Richland Hills which was Dennis Boyd's. The perk test had failed so the Health Department came up with this idea, but if it didn't work, Mr. Boyd would have to bear the expense of putting in sewer all the way up there. Mr. Caldwell said Mr. Barfield had to get an OK from the City Manager and Public Work's Director for the barn, but both of them are no longer with the city. Mr. Roseberry asked why he didn't come in and make it masonry. Dr. Hahn asked if he had considered using a temporary mobil home. Mr. Roseberry asked Mr. Caldwell if he could vary from the brick requirement. Mr. Caldwell said that request would have to go before the City Council for their approval, but it would still not meet the code. . Dr. Hahn asked Mr. Barfield where he would get their water from. Mr. Barfield said it comes from Precinct Line Road. He said he has already checked into this. Mr. Range read from the Zoning Ordinance regarding Non-Conforming Use. Mr. Range said the Board would be creating a temporary non-conforming use. Mr. Barfield said he only wants to use it for 3 years. Mrs. Hinkle asked Mr. Barfield if he could have a shorter time. Mr. Barfield said he hoped to have the house built in 1~ years, but would like to have the 3 years in case he needed the extra time. . Mrs. Hinkle said no one could see you unless they are in a helicopter. Page 8 Z B A Minutes September 11, 1980 . . . 1 Mr. Helton said his only thought.:was about safety. He said if they grant the variance, it should be to some kind of building code. Mr. Barfield said he would meet all safety requirements .a--s changing the windows, meeting the septic tank requirement, etc. Mr. Range asked if it would be better to plead to the City Council directly. Dr. Hahn asked what size the barn was. Mr. Barfield said it was approximately 1,100 sq. ft. Mr. Caldwell suggested the Board postpone this request till next month to give us time to check with the council. Mr. Roseberry said he thinks it is the únknown factor that concerns the city staff. He suggested Mr. Barfield draw up some kind of plans. Mr. Barfield asked if they were requesting a written agreement and plans. Mr. Caldwell said he would just like to see a set of plans, a perk test, etc. The Chairman called for anyone wishing to speak regarding this variance request to please come forward. Mr. Charlie Rosenau came forward. He said his property is on the east of Mr. Barfield's. Mr. Rosenau said he did not think 3 years was temporary. He said this barn would be approximately 150 to 175 feet from his home. Mr. Rosenau said he didn't see how Mr. Barfield could save $30,000.00 in rent in3yeaus and besides, if he had to sell his house to pay his debts, how is he going to save $30,000.00, and Mr. Rosenau doesn't believe he intends to go from a fancy home to living in a·barn. Mr. Rosenau said Mr. Barfield is not going to lower himself to live in a barn. . . .0 Page 9 Z B A Minutes September 11, 1980 OLD BUSINESS 1 Mr. Helton stopped Mr. Rosenau and said we not here for preaching; we have no jurisdiction over some of the things he is saying. He said if Mr. Rosenau had nothing to say but hyprocisy, he should cease his speech. Mr. Helton said he had asked for anyone to speak if they had facts pertinent to this request, not hypocrisy. Mr. Rosenau said he was just rehashing what Mr. Barfield had said, but said he was sorry, then sat down. The Chairman called for anyone else wishing to speak to please come forward. There being no one else to speak, the Chairman closed the Public Hearing. Mr. Roseberry moved, seconded by Dr. Hahn, to postpone BA 80-17 until next month's meeting, giving the City Staff time to consult with the Council regarding this request. Motion carried 5-0 with the following vote recorded: Roseberry, yea, Hahn, yea, Range, yea, Hinkle, yea, and Helton, yea. Mr. Roseberry asked Mr. Caldwell about the brick walls that builders put up at the entrance to subdivisions, who gives them the OK to put them up. Mr. Caldwell said he would like to know that also. He said he had just pulled out from one of the brick walls a few minutes ago. Mr. Caldwell said what is really bad is when the builder goes broke and can't keep them up or when the subdivision gets old, there is no one to repair them. Mr. Caldwell said that the developer of Diamond Loch was given the OK to build all those little castles. Mr. Roseberry said he felt there sbould be more control over that. The meeting adjourned at 8:15 P. M. CHA ENT