Loading...
HomeMy WebLinkAboutZBA 1980-12-11 Minutes . . . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF NOVEMBER 13, 1980 NEW BUSINESS BA 80-21 POSTPONED INDEFINITELY MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECEMBER 11, 1980, 7:00 P. M. The meeting was called to order by the Chairman, H. B. Helton, at 7:05 P. M. PRESENT: CHAIRMAN MEMBERS H. B. Helton Jesse Range Dr. E. K. Hahn Marie Hinkle Bill Stimmel ABSENT: Jack Roseberry CITY STAFF PRESENT: ASST. CITY MANAGER Dennis Horvath P & Z COORDINATOR Wanda Calvert COUNCILMAN Bob Brady Mr. Range stated that on page 9, paragraph 8, should be amended to read nit would not cause a safety problemll. Dr. Hahn moved, seconded by Mrs. Hinkle, to approve the minutes with this amendment. The motion carried 4-0 with the following vote recorded: Hahn, yea, Hinkle, yea, Range, yea, and Helton, yea. Mr. Stimmel abstained since he was not present at this meeting. Request of Rolling Hills Baptist Church to vary from the Zoning Ordinance #179 on Lots 1 & 2, Block C, Richland Oaks Addition, 3rd Filing, to be allowed to remodel an existing building which does not meet the city building codes, and that they not be required to replat the lots into one lot. The building extends across the lot line. This property is located at the northeast corner of Oakridge Terrace and Bridal Path. Mr. Horvath stated that the City Staff met with the representatives of Rolling Hills Baptist Church who requested an indefinite postponement. He said they were planning to go before P & Z and the City Council for a zoning request. . . . Page 2 Z B A Minutes December 11, 1980 Mr. Range moved, seconded by Dr. Hahn, to accept the request for the indefinite post- ponement by Rolling Hills Baptist Church. The motion carried 5-0 with the following vote recorded: Range, yea, Hahn, yea, Hinkle, yea, Stimmel, yea, and Helton, yea. BA 80-24 POSTPONED Request of Charles Reynolds to vary from the Zoning Ordinance #179 on Lot 3, Block 13, Woodcrest Addition, to be allowed to erect a 1750 sq. ft. building between Phase I & II of Northeast Plaza Shopping Center which was not on his plans for Planned Development Zoning, and also be allowed to put up a 51 x 71 Fox Photo Kiosk. This property is located just south of Furr's Cafeteria, between Airport Freeway and Bedford Euless Road. Mr. Charles Reynolds came forward. He stated that one phase of this shopping center had been built about 2 years and the last phase about 1~ years. Mr. Reynolds said he wants to connect the 2 buildings which should have been done at the beginning. He said kids mark on the walls, trash accumulates, and people park in this area. Mr. Reynolds stated he has a fire lane in the front and in the back of the center, and said he has 21% more parking spaces than is re- quired in the city code. Mr. Reynolds said it would not bother the safety of the tenants. Mr. Reynolds said he would also like to put in a Fox Photo Kiosk. He said there were 2 areas that he was considering putting the Fox Photo K:iosk on and neither place would interfere with the traffic. Mrs. Hinkle said she shops there often and she has noticed a water problem when it rains. Mr. Reynolds said that if he is allowed to connect the 2 buildings, it would mean the tenants would not get their feet wet because he plans to install a box culvert. . . . Page 3 Z B A Minutes December 11, 1980 Mrs. Hinkle asked if there were any box culverts there now. Mr. Reynolds said there was not. He said when the bank was built, they were not required to put them in. Mrs. Hinkle asked Mr. Reynolds why he didn't do this addition at the time he was building the shopping center. Mr. Reynolds said he didn't think about it; he said he guessed it was the lack of experience. Dr. Hahn said he did not feel there was a place in this shopping center that would be appropriate for a Fox Photo Kiosk traffic wise for ingress-egress. Mr. Reynolds said he would like to put the Fox Photo Kiosk in the last 2 parking spaces next to Bedford Euless Road. Mr. Helton asked Mr. Horvath if he could see any problems with these requests. Mr. Horvath asked Mr. Reynolds about the box culvert. Mr. Reynolds said he would build it up and put 3 culverts in. He said he would make it the same level as the other building. Mr. Helton asked if it was raised now to drain off. Mr. Reynolds said it drains to the center now. Mr. Reynolds said that with the box culvert, it would carry a 7 inch rain in 2 hours. Mrs. Hinkle asked if he had an Engineer's study on this shopping center. Mr. Reynolds said that Elliott and Hughes Engineers made the study. Mr. Range said he had found the key to why Mr. Reynolds left the opening between the two buildings, it was to take care of the drainage. . . . Page 4 Z B A Minutes December 11, 1980 Mr. Reynolds said that was not the reason, he just did not think of joining the buildings. Mr. Horvath said he would like for the City Engineer to look over Mr. Reynold's engineer's study. Mr. Reynolds said that more than 60% of the customers for the Fox Photo would be walk-up customers. Mr. Helton asked Mr. Reynolds if he said he had more parking than the city requires. Mr. Reynolds said that was true and that Furr's Cafeteria customers even use his parking area. Mr. Stimmel asked Mr. Reynolds again where he plans to put the Fox Photo Kiosk. Mr. Reynolds said he had rather have it on the end of the parking lot next to Bedford Euless Road, but he would put it wherever the Board requires it. Mr. Stimmel said he tends to want to jump the curb instead of making the swerve to exit onto Bedford Euless Road. He asked Mr. Reynolds why it was built that way. Mr. Reynolds said he had it built to go straight out, but Hurst made him tare it out and build it this way; the road is in Hurst city limits. Dr. Hahn said he didn't see any problems with the drainage since Mr. Reynolds plans to put in the box culvert, but he was not in favor of a Fox Photo Kiosk being put any place on this property. Mr. Range said he did not feel this Board had the jurisdiction over this request. He said according to the Zoning Ordinance, this change in the plans which were submitted for Planned Development zoning should have gone before Planning and Zoning. Mrs. Calvert said that when Mr. Reynolds came in to talk with the Building Official about connecting the 2 buildings, the Building Official told Mr. Reynolds that he would have to apply for a variance. She said that Mr. Reynolds wishes to vary from the plans that were submitted in the Planned Development zoning. . . . Page 5 Z B A Minutes December 11, 1980 Mr. Range said that in view of the Board's jurisdiction, he feels this should be heard by Planning and Zoning since the Zoning Ordinance states that any variation from the plans would have to be brought back before Planning and Zoning. Mr. Reynolds said he was asking' for two variances-the attaching of the 2 buildings was one variance and the Fox Photo K another. He said he would like for the Board to consider each request individually. Mr. Helton asked why the request for the Fox Photo Kiosk was brought before the Board. Mr. Horvath said it was not in the original plans that were submitted for the Planned Development. Dr. Hahn asked if the traffic was taken into consideration before the city issues a building permit for one of these photo kiosk. Mr. Horvath said it was and also the police department was also contacted regarding it. Mr. Range made a motion to approve BA 80-24 as requested. Dr. Hahn requested that Mr. Range amend his motion to include a stipulation that a drainage study ,and a traffic study be made. Mr. Range amended his motion. He said he recommended approval of BA 80-24 with the stipulation that a drainage study be made and also subject to the concurrence with the police department regarding the traffic. RECESS The Chairman called for a 5 minute recess at 7:40 P. M. BACK TO ORDER The Chairman called the meeting back to order at 7:45 P. M. with the same members present. Mr. Helton said he felt that legally the Board is within their right to act on this request. . . . Page 6 Z B A Minutes December 11, 1980 ADJOURNMENT Mr. Horvath said the Board could act by making their decision or they could postpone the case until legal advice could be obtained. Dr. Hahn said he did not see a problem since it is not a zoning change. Mr. Range said that after reading pages 89, 90, & 91 of the Zoning Ordinance #179, he could not act on this request. Dr. Hahn said then Mr. Range should with- draw his motion. Mr. Range withdrew his motion. Mr. Range made a motion to postpone BA 80-24 until the Board can confer with the City Attorney to determine if they have the right to act on this case. This motion was seconded by Dr. Hahn. The motion carried 5-0 with the following vote recorded: Range, yea, Hahn, yea, Hinkle, yea, Stimmel, yea, and Helton, yea. The meeting adjourned at 7:50 P. M. T