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HomeMy WebLinkAboutZBA 1979-02-15 Minutes . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, FEBRUARY 15, 1979 CALL TO ORDER The regular meeting of the Zoning Board of Adjustment was called to order by the Chairman, H.B. Helton, at 7:05 P.M. ROLL CALL PRESENT: H.B. Helton Jack Roseberry Jo Ann Williams Dr. E.K. Hahn Jesse Range CITY STAFF PRESENT: Gary Caldwell Wanda Calvert CONSIDERATION OF THE MINUTES OF JANUARY 18, 1979 Mrs. Williams moved, seconded by Mr. Roseberry, to approve the minutes as read. Motion carried 5-0. NEW BUSINESS BA 79-2 APPROVED Request of B.M. Housewright to vary from the Zoning Ordinance #179 on Tracts 8,80, & 8E, Abstract 1210, Tracts 8 & 8H, Abstract 1266, and Tracts 5 & 5M, Abstract 1182, to vary from the 150 ft. road frontage re- quirement for residential purposes in Agricultural zoning. This property is located on Precinct line Road, approximately 1800 feet South of Shady Grove Road. . Mr. Housewright presented his request to the Board. Mr. Range asked Mr. Housewright if the off- set in his piece of land was owned by some- one else. Mr. Housewright stated it belongs to a neighbor who has a nice home built on his property. He stated that he had tried to buy that little piece of land, but the neighbor would not sell. Mr. Housewright stated that where he plans to build his house, the property is approximately 170 ft. wide, and will set back approximately 510 ft. from the road. . Mr. Roseberry asked Mr. Housewright if he had just recently purchased this property. Page 2 S of A Minutes February 15, 1979 . Mr. Housewright stated he had owned this property for about 5 years. Dr. Hahn moved, seconded by Mrs. Williams, to APPROVE SA 79-2 as requested. Motion carried 5-0. BA 79-3 TABLED Request of Joe V. Henry to vary from the Zoning Ordinance #179 on Lot 1, Block 1, Henry Addition, to install a 6 ft. chain link fence on the property line and to use the non-conforming building in Commercial Zoning. This property is located at 6805 Harmonson Rd. Mr. Henry presented his request to the Board. Mr. Range asked Mr. Henry what he proposed to do. . Mr. Henry stated that when he purchased this property approximately 4 years ago, he came in & got 3 permits. He stated he enclosed the garage, had it insulated, put in heating and air, a new roof, etc. He said all the work was inspected by the City and passed. But after spending all this money, the City said it did not conform to the City codes. He stated a business came in and requested a variance to use the non-conforming building and the variance was granted in the name of this business. He stated this business is no longer renting this property. Mr. Henry stated this lot is 100 X 200 ft. and the new building is 75 X 35 ft. He stated he wants to make the present fence conform and add fence on the other sides of this property. Mrs. Williams asked Mr. Henry where he plans to put the fences. Mr. Henry stated the South 200 already has a fence, but it is not sight barring. He stated he will make it sight barring; the first East 102-will put a 6 ft. chain link sight barring fence; North 100-will be sight barring; second East 102-a chain link; and North 95 will be chain link also. . Mr. Roseberry asked Mr. Caldwell if in Commercial zoning, they do not have building lines. ~ Page 3 B of A Minutes February 15, 1979 . Mr. Caldwell read from the Zoning Ordinance, page 71, #A, regarding side yard require- ment in Commercial zoning: liOn the side of a lot adjoining a single-family, two-family or multiple-family district and not separated therefrom by an alley, there shall be a side yard of ten feet or ten per cent of the average width of the lot, whichever is smaller, but a side yard shall not be less than five feet for each one story in height. II Mrs. Williams asked Mr. Henry what is stored in the house. Mr. Henry said IIJunkll. Mrs. Williams asked what the new building was being used for. Mr. Henry stated it was being used for storage also. Mr. Roseberry asked if the property across the street was residential. . Mr. Henry stated it was. He showed some pictures he had taken of the surroundings. He stated he had checked with the City several times regarding putting in the sewer, but had never been given an answer. He stated he has neither water nor sewer, only electricity. Mr. Roseberry asked Mr. Henry if he could put in a septic tank. Mr. Henry stated there is a septic tank there already, but it is not hooked up. Mr. Caldwell stated he needed to point out the problem of the fence in this case-since the house faces Flory, he must have the 10 ft. or 10% side yard. He showed where the fence should go (according to the zoning ordinance) and where Mr. Henry wants to put it. . Mr. Henry asked Mr. Caldwell to read from the Zoning Ordinance regarding the fence. Mr. Caldwell read page 72, #8: IIWherever a · Commercial I District adjoins a single- family, two-family or multiple-family ~ Page 4 B of A Minutes February 15, 1979 . District and is not separated by a street, a six foot solid sight barring fence or better shall be constructed and maintained along or within one foot of the boundary or property line of said IICII District to serve as permanent s c re e n i n g . II ~1 r. C a 1 d we 11 s ta t e d t his i s a corner lot. Dr. Hahn asked how far up would the fence come to Flory. Mr. Caldwell stated the house faces Harmonson so he would have to drop back 10 ft. Mr. Caldwell drew on the plat where the fence should go according to the City Ordinance and where Mr. Henry wants to put it. Mr. Henry stated he gladly gave the 5 ft. easement, but if he has very much more of a set-back, he would have a very small lot. . Mr. Caldwell stated they would also need to think about the required number of parking spaces in Commercial zoning. Mr. Helton stated he felt the Board should only deal with the 2 requests in question: the sight barring fence and the non-conform- ing building. The Chairman asked if there was anyone who wished to speak for or against this request. Mr. Edwin R. Taft stated he owns the property facing Flory Street that joins Mr. Henry·s property. He stated Mr. Henry has no water or sewer. He said when they flush the toilet Mr. Taft said he has no water. He said Mr. Henry has old Leonard water. Mr. Taft said he went along with the City when they re- zoned this property, but he has had to complain to the City several times to get them to make Mr. Henry clean his property up. He said on the East side of his property Mr. Henry has erected a fence that is in violation of the City Ordinance. . Mr. Helton stated that Mr. Henry has stated that he is going to change this fence to a sight barring fence. Page 5 B of A Minutes February 15, 1979 . Mr. Range asked Mr. Taft if he lives on his property now. Mr. Taft stated his daughter lives there now, but he looks after it, and it is so bad, he has to complain to the City all the time to try to force Mr. Henry to clean his property up. Mr. Taft stated the City came in and re- zoned his property without his consent, and he sued the City for it and won. Mr. Helton asked Mr. Taft if he said the City rezoned his property. Mr. Taft stated he was at the City Hall one night and they said "Lets rezone all of Flory Street to Commercial II. He said that that was how his property got zoned Commercial. He said it was later zoned Multiple Family. Mr. Helton asked Mr. Taft if he objected to the fence request. . Mr. Taft stated he would not object to the fence if it met City codes. Then Mr. Helton asked if Mr. Taft objected to Mr. Henry using the non-conforming house. Mr. Taft stated he was against using the non-conforming house. He said if Mr. Henry would tear that old house down and build a nice building, it would be great. Mr. Roseberry asked how could the house be worth anything with no water or sewer, and how could it even be used. Mr. Henry stated water and septic tank are available, but is just not hooked up. He stated if he doesn·t rent the house, he plans to use it for storage for 2 mail order businesses of his. . Mr. Roseberry stated he feels if the Board approves this request, they should put a time limit. He said he went through this same problem with his property. He said he had to move the house out and build a new one. And he said he is very proud of it now. ~ Page 6 B of A Minutes February 15, 1979 . Mr. Henry stated that that would be fine if he hadn1t already spent so much on this house. Mrs. Williams stated she feels the Board should not grant the use of this non- conforming building. Mr. Hèlton asked Mr. Caldwell to again read in the Ordinance about the set-back for a fence in Commercial zoning. Mr. Caldwell again read #A, page 71. Mr. Henry stated his fence would be in line with neighbors. . Mr. Helton stated he did not see why Mr. Henry couldn1t put the chain link fence where he wants to as it is not sight barring, and it would not block the view from the 4-way traffic. Mr. Range asked if you had a Commercial lot with no building on it, would it have to have a fence. Mr. Caldwell stated if there was no structure on the lot, it would not have to have a fence. Mrs. Williams moved, seconded by Mr. Range, to DENY the use of the non-conforming build- ing at 6805 Harmonson Road. Mr. Henry stated he went to the City and asked what had to be done to make this building conform and they told him. He said the City issued him 3 permits, and made the inspections. Then after he did all that, he was of the understanding it would be alright. Mr. Roseberry stated it was unfortunant that the permits were issued and the in- spections passed, but he stated the City has lots of problems with old buildings. He stated he feels if the variances are granted, they should go with the land, not the owners or renters. . Dr. Hahn stated he was very undecided what the Board should do in this matter. ~ Page 7 B of A Minutes February 15, 1979 . Mr. Henry stated his property has already depreciated 6 years. Mr. Roseberry stated the Board gave a variance to the Parkers on this property to run for 6 years. He said they no longer lease the building. Mr. Roseberry stated he feels Mr. Henry did act in good faith in trying to bring the house up to City standards. He said he had previously pulled the minutes and read about it. Mrs. Williams stated she was not aware of this and would like to withdraw her motion. Mr. Range stated he would withdraw his IIsecond". Mrs. Williams made a motion to TABLE BA 79-3 till next month1s meeting, and request that Mrs. Calvert find the minutes regarding Mr. Henry1s property and send a copy to each Board member for study. . Mr. Roseberry seconded this request, and asked Mr. Henry approximately when the variance was heard previously and aþout when he got the permits and inspections. Mr. Henry stated it was around Mayor June of 1977. Mr. Caldwell told Mr. Henry he would like to see the receipts of the permits and what he had done to the house, and was it for residential or commercial zoning. The motion carried 5-0. RECESS CALL TO ORDER The Chairman called a short recess at 8:30 P.M. The Chairman called the meeting back to order at 8:35 P.M. BA 79-4 APPROVED Request of Ralph E. Norton to vary from the Zoning Ordinance #179 on Lots 16R and 17R, Block E, Smithfield Addition, to con- tinue to use the house as residential rental property in Industrial zoning. This property is located at 6508 Smithfield Rd. . Mr. Norton presented his request to the Board. Page 8 B of A Minutes February 15, 1979 . Mrs. Williams asked Mr. Norton what he plans to use this property for. Mr. Norton stated he owns a wholesale fence company and he plans to have one on this property, also. He stated they do not install fences, but they will install a fence on this property. He stated if they did not fence it, there would be the risk of someone steeling the fencing. Mrs. Williams asked Mr. Norton about the house on the property. Mr. Norton stated he has the house rented as a residence now. He said he wants to keep the Industrial zoning so when the house is no longer useable, he will tear it down and use the property for Industrial purposes. Mr. Roseberry asked Mr. Norton if he plans to have an office built for the fence co. . Mr. Norton stated he was, and he is having the property platted, putting the house on a separate lot. Mrs. Williams moved, seconded by Dr. Hahn, to APPROVE BA 79-4 as requested. Motion carried 5-0. DISCUSSION The Chairman told the Board that Mr. Allen Bronstad, Director of Public Works, had asked that if the Board members would agree, he would like the Zoning Board of Adjustment meetings moved from the 3rd Thursday night of the month to the 2nd Thursday night of the month. This would more equally distribute the work load of the office. All members agreed to this change. Therefore, starting in March, the Zoning Board of Adjustment meetings will be held on the 2nd Thursday night of each month. The meeting adjourned at 8:45 P.M. ADJOURNMENT . â-/ ~ ~:¿ / . "- -/ ~ « , ?Ø~¿-'~e~ ¿~ ~- _~ " CHAIRMAN, ZONING BOARD OF~ ADJUSTME~T