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HomeMy WebLinkAboutZBA 1980-10-09 Minutes 1 . r,1INUTES OF THE REGULAR t1EETING OF THE BOARD OF ADJUSTMENTS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, OCTOBER 9, 1980 CALL TO ORDER The meeting was called to order by the Chairman, H. B. Helton, at 7:02 P.M. ROLL CALL Present: H. ß. Hel ton Dr. E. K. Hahn Jesse Range Jack Roseberry ~1arti n Erck Absent: t1ari e Hi nkl e City Staff Present: Gary Caldwell t·Janda Ca 1 vert OATH OF OFFICE FOR ALTERNATE MEr1BER The Chairman administered the oath of office to the alternate member, ~·1a rt in Erck. CONSIDERATION OF MINUTES OF SEPTEMBER 11,1980 Dr. Hahn said there should be a correction on page 6, paragraph 4, 4th line - it should read IIhadll instead of IIhad notll. ~1r. Range moved, seconded by ~1r. Roseberry, to approve the minutes with this correction. Motion carried with the following vote recorded: Range, yea; Helton, yea; Hahn, yea; Roseberry, yea; and Erck abstaining since he was not present at the meeting. NE~~ BUSINESS 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 temporary residence for a period of 3 years until such time as a permanent residence can be completed. This property is located on the west side of Precinct Line Road and approximately 700 feet south of Amundson Drive. David Barfield came forward. He stated he would brief everyone about his request. Page 3 October 9, 1980 ZBA ~ . Mr. Roseberry moved, seconded by Dr. Hahn, to postpone BA 80-17 until November 13, 1980 to give Mr. Barfield time to submit his plans to the city staff and get his perk test. This motion carried with the following vote recorded: Roseberry, yea; Hahn, yea; Range, yea; Helton, yea; and Erck, yea. BA 80-18 Approved Request of Charles Arnold, Barfield & Arnold Builders, to vary from the Zoning Ordinance #179 on Lot 9, Block 4, Stoneybrooke Addition, to allow house to be built approximately 2 feet beyond the front building line. This property is located at 8605 Rockdale Ct. . Mr. Charles Arnold came forward. He stated there was an encroachment on this lot that was not found by him or the contractor. He said the concrete man picked up the measurment from the 71611 property pin instead of the 91611 pin. Mr. Arnold said he was requesting a variance for this encroachment. Mr. Helton stated he did not go out to see this property and asked if it was on a curve. Mr. Arnold said it was on a cul de sac. Mr. Arnold said it was an error by the man who poured the concrete. The Chairman called for anyone wishing to speak regarding this request to please come forward. There being no one to speak, the Chairman closed the public hearing. Mr. Hahn made a motion to approve SA 80-18. This motion was seconded by Mr. Range. . Page 4 October 9, 1980 ZBA ~ . The motion carried with the following vote recorded: Hahn, yea; Range, yea; Roseberry, yea; Helton, yea; and Erck, yea. BA 80-19 Denied Request of Richard W. Hitt to vary from the Zoning Ordinance #179 on Lot 10, Block 3, Dia~ond Loch Addition, to be allowed to build a detached garage on the back easement line instead of the required 3 ft. set-back. This property is located at 3824 Diamond Loch East. Nrs. Hitt came for\tJard. She said her husband was called away unexpectedly and she was substituting for him. . Mrs. Hitt stated they are requesting this variance so they will be able to most effectively use this area of their back yard. Mrs. Hitt said she had contacted R. L. Fain with TESCO and he said this was a pole easement and would not present a problem. r·1rs. Roseberry asked r·1rs. Hitt if she had a letter to that effect. Mrs. Hitt said she felt sure her husband has one. ~1r. Erck asked t1rs. Hitt why the garage could not be built 3 feet back. Mrs. Hitt said it would be 5 feet from the back property line and 6 feet from the side line. Mrs. Hitt said at the turn around, there is a rear entry and this would be the most effective use of the property. Dr. Hahn asked Mr. Caldwell if this rear entry was ok. . ~1r. Cald\~ell said that when the street is curbed and guttered, there would be no opening there. Page 5 October 9, 1980 ZBA 1 . ~1r. Erck asked Mrs. Hitt if they had considered having a side entrance. Mrs. Hitt said it is a continuous drive from front to back. Mr. Erck said he was concerned that a car being parked on the driveway would block the view. Dr. Hahn asked about the curb. Mr. Caldwell said that when they put in the street they could come in and request an approach from the back. Mr. Roseberry asked how wide the street is now and how wide will it be. ~1r. Caldwell said it is just barely wide enough for 2 cars now, but he is not sure how wide it will be. Mrs. Hitt showed the Board pictures of the area. . Mr. Range asked Mrs. Hitt if she realizes the problems she could create. Mrs. Hitt said she was just doing what her husband had requested. Mr. Range said if you build the garage that close and the city comes in widening the street, you wouldn't be able to park your car anywhere but in the garage. Mrs. Hitt said they plan to always park in the garage. Dr. Hahn asked Mr. Caldwell if he was sure the entrance would be allowed. Mr. Caldwell said they could come in with plans and request to be allowed to have a driveway there. Mr. Range said he believed there was a neighbor three houses down with a rear entry garage. . Dr. Hahn asked Mrs. Hitt if they have a garage now. Page 6 October 9, 1980 ZBA 1 . Mrs. Hitt said they did not because they had converted it into a room. Dr. Hahn asked Mr. Caldwell how much would be taken off for the street widening. t1r. Caldwell said he \~ould guess 15 ft. she has 19 ft. Mr. Helton asked Mr. Caldwell what it looked like to him. Mr. Caldwell said if there is a problem, the Utility Company could tear it down; that is why the city requires a 3 ft. set back. Mr. Helton asked if it would be on the easement or on the easement line. r·1rs. Hitt said it would be 51211 off the property line and the easement is a 5 ft. easement. . Mr. Roseberry said if you back out of the garage, you would be in the traffic pattern by the time you would get past the fence. Mr. Range read from page 46 stating it should be no closer than 5 ft. Mr. Caldwell said he should read page 78, Article 13, Section 3, regarding an accessory building that should be 3 ft. Mr. Range asked if there were any reasons why the couldn't move it over. t1rs. Hitt said they ~Jould have to remove some large trees. ~1 r . He 1 to n a s ked r 1 r. C a 1 dvJe 11 i f he saw any traffic problems. t·, r. C a 1 d\'J e 11 sa i d he did nit see any problems going in but backing out would be. . r-.1r. Roseberry said with the trees, it would be hazardous. Page 7 October 9, 1980 ZBA 1 . Mrs. Hitt said that was the city's responsibility. The Chairman called for anyone wishing to speak regarding this matter, to please come forward. There being no one to speak, the Chairman closed the public hearing. Mr. Helton asked the Board if they wanted to wait until ~1rs. Hitt's husband could attend to make a decision. Dr. Hahn asked ~1rs. Hitt if she had rather postpone it. Mrs. Hitt said it would be ok with her and her husband would be here if he wasn't called out of town again. . Mr. Erck asked ~1rs. Hitt if it was their intention when they moved there to build the attached garage. Mrs. Hitt said the driveway was already there. Mr. Erck said if they moved up 3 ft. there would be no problem. Mrs. Hitt said she did not think the Board understood there would be double doors on both sides of the garage where you could drive all the way through. Mr. Range made a motion to approve BA 80-19. This motion was seconded by Mr. Erck. The request was denied with the following vote recorded: Range, yea; Helton, yea; Erck, yea; Hahn, nay; and Roseberry, nay. Mr. Erck said he intended for his vote to be nay. . . . . Page 8 October 9, 1980 ZBA 1 The Chairman recognized Councilwoman Groves and Councilman Brady in the audience. BA 80-20 Denied Request of John Dreiling to vary from the Zoning Ordinance #179 on Lot 5, Block 1, Royal Oaks Addition, to be allowed to have a temporary storage building and material in Residential Zoning (IF-9). This property is located approximately 350 ft. east of Chilton Drive, directly behind 6616 Chilton Drive. John IIBobll Dreiling came forward. He said he wants to have a temporary storage building on his property for 3 months. Mr. Dreiling said he was storing rock that he was using in his business. Dr. Hahn as ked r1r. Drei 1 i ng why he had asked for 3 months. Mr. Dreiling said he would have another place to store it in then. Mr. Range asked how much rock he has stored there. Mr. Dreiling said approximately 500 - 100 lb. bricks. Mr. Range asked how you get to this property. He said he went out and was unable to find it. Mr. Dreiling said you get there off Chilton. Mr. Roseberry asked Mr. Dreiling why he couldn't rent a mini warehouse storage. Mr. Dreiling said he has 6 acres there and didn't see why he couldn1t use it. Mr. Roseberry asked if it was in the building. Mr. Dreiling said not all of it was; it is a 3 sided building. Page 9 October 9, 1980 ZBA . Mr. Roseberry asked if there was a house on this property. Mr. Dreiling said there wasn't. Mr. Erck asked if there was anything else being stored there other than the rock. Mr. Dreiling said it is not just rock, its used for concrete covering. Mr. Erck asked Mr. Dreiling if he was using the material for his business. Mr. Dreiling said he was. t~1r. Roseberry as ked ~1r. Ca 1 dwe 11 ho\'/ this came about. . Mr. Caldwell said there had been a complaint. The Chairman asked for anyone wishing to speak regarding this request to please come forward. Morris Paul, 6616 Chilton, came forward. He said this property is behind his house. Mr. Paul said he would like to speak in opposition to this request and he also has a letter from his neighbor Mr. Morris Faulk, 6612 Chilton, who was unable to attend. Mr. Paul said that this building was put up without a permit, and is being used for a business in a residential area. He said it is zoned and is platted into several residential lots but has not been developed. Mr. Paul said there is no street into the property, a vacant lot is used for entry into the property and they have to jump the curb. . Mr. Paul said commercial vehicles going in and out of this area presents danger; they pass 18 houses with approximately 36 children. Mr. Paul said Mr. Dreiling is running a commercial business; he can store trucks, machinery, etc. . . . Page 10 October 9, 1980 ZBA 1 Mr. Paul said if he is allowed to use this for storage, he could store toxic material which would be very dangerous. Mr. Paul said since it is a vacant area, you cannot keep children out. r1r. Paul said it is a 3 sided building which you could not keep kids out of. Mr. Paul said he was against this request and was speaking for the safety of their neighborhood. ~·1r. Roseberry asked if r·1r. Drei 1 i ng owns all this property. Mr. Dreiling said he owns the lot the structure is on, but his father owns the lot where the road is. Mr. Range asked Mr. Paul how long had this been going on. Mr. Paul said a minimum of 3 months. He said they were under the impression that a house was going to be built there so they didn't say anything but no house has been built. Mr. Roseberry asked Mr. Caldwell what recourse had Mr. Dreiling been given. Mr. Caldwell said he had instructed Mr. Dreiling to take the building down. Mr. Erck asked r1r. Caldwell hO\tJ long he had given Mr. Dreiling to take it down. Mr. Caldwell said he told him as soon as possible. Mr. Helton said Mr. Dreiling said he wanted this variance for 3 months but it doesn1t state it on the application. Mrs. Calvert said Mr. Dreiling did not mention the 3 months to her. 1 Page 11 October 9, 1980 ZBA . Mr. Charlie Lamp came forward. He said he lives directly south of this property. Mr. Lamp said Mr. Dreiling is a contractor and should know you need a permit; why didn't he get a building permit. Mr. Lamp said he had it there at least 3 months and now wants 3 more months; that's 6 months, what then? Mr. Helton said if the Board grants it, they would stipulate a time limit. Robert E. Moser came forward. He said he lives directly across from this property. r·1r. Moser said he feels this is just a stepping stone; next he will zone it commercial. . Mr. Moser said at the access road the curb is cracking, there are deep trenches cut in the ground and the grass is 43 to 48 inches high. ~1r. t10ser said he has a son who is 44 inches tall. He could not be seen when commercial vehicles come in on this 'property. Gerald Woock, 6820 Clift Street came forward. Mr. Hoock said he doesn't approve of the business, but on the other side of his area, there is a drainage ditch. He said trucks have been pulling in there and dumping bags, cardboard, rocks, tin cans, etc. in there. Mr. Erck asked Mr. Woock if he was saying it was being used for a dump. r,1r. \tJoock sa i d there are pi ck-ups coming in and dumping. Mr. Erck asked if he meant that anyone could come and dump. . James R. Simmons came forward. He said he sold this property to the Dreilings. He said the barn is behind i'1rs. Bridges who is 92 years old. Page 12 October 9, 1980 ZBA . . ADJOURNMENT . , Mr. Simmons said he thinks the barn does make it look bad. Mr. Simmons said if the Board were to grant this request, to please put a time limit on it, because he is also concerned with the trash and drainage. Mr. Helton told Mr. Caldwell to make a mental note of the trash dumping. Dr. Hahn asked Mr. Caldwell what all we are dealing with. r1r. Caldwell said r1r. Dreiling has a warehouse in residential zoning. Dr. Hahn asked if Mr. Dreiling was running a business. Mr. Caldwell said he is not running a business, but the building is not legal. Mr. Roseberry made a motion to deny BA 80-20. This motion was seconded by r1r. Range. The moti on carri ed wi th the following vote recorded: Roseberry, yea; Range, yea; Helton, yea; and Erck, yea. Dr. Hahn abstained due to an acquisition of this family. Mr. Roseberry said he would like to say to the neighbors, they could control the dumping more than Mr. Caldwell could, when they see someone dumping call the police. Mr. Caldwell said the city has to see them dumping before they can do anything about it. Mr. Caldwell said the land owner or citizen can go to the court clerk and the court clerk can issue a citation. P.M.