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HomeMy WebLinkAboutZBA 1979-04-12 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF FEBRUARY 15, 1979 NEW BUSINESS BA 79-3 DENIED . . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, APRIL 12, 1979 The regular meeting of the Zoning Board of Adjustments was called to order by the Acting Chairman, DR. E.K. Hahn, at 7:05 P.M. PRESENT: Dr. E.K. Hahn Jack Roseberry Jesse Range Jo Ann Williams CITY STAFF PRESENT: James Anderson Gary Caldwell Wanda Calvert Mrs. Williams moved, seconded by Mr. Range, to approve the minutes as read. Motion carried 4-0. 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 property line and use the non-conforming building in Commercial Zoning. This property is located at 6805 Harmonson Rd. Mr. Joe V. Henry, 125 Cooper Dr., Hurst, Tx., stated he would like to put up a 6 ft. chain link fence on his property line. He stated he would put a 6 ft. sight barring fence where his property butts up against residential. He stated other property owners in the area have been allowed to put their fences in the front. Mr. Henry also stated he wanted to use the building for storage. Dr. Hahn asked Mr. Henry if he had found the permits and receipts that was taken out on the building. Mr. Caldwell stated that Mr. Henry had brought in the receipts so we were able to find the permit. Mr. Henry stated that in 3-75 he came in for a building permit to make 'some repairs and enclose the car port. He stated that at that time the property was zoned Multi-Family. He stated he then came before the Planning and ~ Page 2 Z B A Minutes April 12, 1979 . Zoning and City Council for a zoning change to Commercial. Mr. Range asked Mr. Henry if he did the improvements. Mr. Henry stated he did. Mr. Roseberry asked what these receipts were for. Mr. Henry stated in 11/75 he put down a deposit with Texas Electric and in 2/76, he employed Texas Distributors to put in the heating and air conditioning. Mrs. Williams asked if this building permit was taken out as residential property. Mr. Henry stated that at the time he took out the building permit, it was zoned Multi- Family. Mrs. Williams asked "Then you had the zoning changed to Commercial?" . Mr. Henry stated he did. Mrs. Williams asked why didn't the City void the building permit. She asked Mr. Caldwell if the codes are the same for residential and Commercial. Mr. Caldwell stated the codes were not the same. Mr. Henry stated he had the building wired in conduit and the City made the rough and final inspections and called Texas Electric to turn the electricity on. Mr. Caldwell stated the sub-contractors have to take out their permits and you can not tell any differences in the permit, whether residential or commercial, but in Commercial zoning, all has to be in conduit. Mrs. Williams asked why wasn't Mr. Henry required to obtain a new building permit when he changed the zoning on this property. . ~ Page 3 Z B A Minutes April 12, 1979 . Mr. Caldwell stated he was not told when these things occur. He stated he was not allowed to go to the Zoning Board of Adjustments meetings nor the Planning and Zoning meetings until lately. Mr. Roseberry stated he was involved in several situations where you would be told by one person it was ok to use metal siding, another would say you must use brick, etc. In other words, it was who you talked to. Mr. Roseberry stated he would like to see the statement: "Bring up to City còdes or standards" be followed with the "terms" of the City codes or standards. He stated he felt the property owners should be aware of what the City expects out of them. Mr. Caldwell stated that now he would just tell the property owners that the building would have to be torn down, that it could not be made to conform to the codes. . Mrs. Williams asked Mr. Henry again about when he took out his permit and then when he went before the Zoning Board of Adjust- ments. She read from the minutes of the Zoning Board of Adjustments for March 18, 1977: "Mr. James Dee Parks is the potential buyer of this property contingent on obtain~ ing a variance to use non-conforming build- ing. There was much discussion among the board about the property having to be re~ platted before they could grant a variance. Mr. Parks wishes to operate an air condition- ing service company at this location and plans to build a commercial building within 6 yrs. Mr. Helton asked Mr. Henry if he was aware of the fact the property would have to be re- platted and a 6 ft. sight barring fence would have to be erected and maintained along the rear of the property abutting the residential zoned property. Mr. Henry replied he was not aware to these requirements, but he would have the property replatted. Mr. Parks stated he would be responsible for erecting and main- taining the required fence along the rear of the property he was purchasing. Mr. Britton stated that a certificate of occupancy could not be issued for utilization of this property until such time as the replatting is completed and the required fence is erected. II . Page 4 Z B A Minutes Apri·l 12, 1979 . . . *would also be in violation if this variance were approved. Mr. Henry stated there was a person at that time who wanted to lease the property and put in a printing firm and the City told him the building did not meet Commercial zoning. He said that was the first he was aware he did not have a Commercial building. Mrs. Williams asked Mr. Caldwell if any building, whether residential or Commercial, must have a front and rear door. Mr. Caldwell stated that was right. Mrs. Williams stated this building did not have a back door. Mr. Henry stated this building has 2 doors in it, but they are both on the front. Mr. Range asked Mr. Henry if he had made any arrangement to put up the sight barring fence. Mr. Henry stated he was waiting to see what he could do about the chain link fence and then do it all at the same time. Mr. Caldwell stated the present fence is in violation and he has issued citations for it. * Mr. Range stated that the Board is also in violation. He read page 93 in the Zoning Ordinance: "Any persons or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than $200.00 and each day such violation shall be permitted to exist shall cpnstitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and, upon conviction, shall be fined as herein provided. II . . . ~ Page 5 Z B A Minutes April 12, 1979 Mr. Range stated the fence company was also in violation for putting one up that was not sight barring. He stated he was sorry that Mr. Henry might not have been told properly about the fence and the non- conforming building. Mr. Edwin R. Taft, Rt. 2, Weatherford, Tx., stated he owns the adjoining property. He said he was the complaintant regarding the fence. He gave the Board some pictures of the property. He stated he was just trying to protect his property. Mr. Taft stated we have a good City government. He stated he had to sue the City. He said the City should not allow the using of an old house, could not get the weeds cut and the cess- pool runs out on the ground. He stated he is opposed to these people who do not abide by the ordinances. Dr. Hahn asked if there was anything else to be said. He asked what the City's views were on this request. Mr. Anderson stated to grant this variance would defeat the purpose of the ordinance. Mr. Roseberry moved, seconded by Mrs. Williams, to DENY BA 79-3 in its entirety. Motion carried 4~0. Mr. Henry stated he would still like to put the fence up. Dr. Hahn asked Mr. Caldwell what Mr. Henry could do now that this request was denied. Mr. Caldwell stated he would have to put the fence on the side on his property line not past his building line. He showed Mr. Henry where he could put his fence. He said he had a one foot leadway from the property line. Mr. Henry stated the Ordinance says within one foot of the property line. Mr. Caldwell stated that is just what he said. Mr. Anderson stated he could make the chain link sight barring by putting in metal slats. ~ Page 6 Z B A Minutes April 12, 1979 . Mr. Henry stated he did not mind putting in a wood fence where it has to be sight barring. He stated Mr. Tabor, directly across the street, has his fence out to his property line, and Mr. Henry stated he wants to put his in line with Mr. Tabor's. . Mr. Henry stated he had a fence up there until he had to take it down to give the City a 5 ft. easement all around his pro- perty. He said he lost about 20% of his lot by giving these easements. He stated he just couldn't understand why he couldn't put the fence back up where it had been. Mr. Roseberry asked Mr. Caldwell what is meant by page 70 in the zoning ordinance regarding Commercial zoning: IINo front yard shall be required for any business use unless: the street is less than 60 ft. in width, in which case a manufacturing or commercial structure shall be placed not less than 30 ft. from the center line of said street. A 25 ft. minimum front yard shall be required for a residential, deplex or apartment use. Where the frontage on one side of a street within a block is partly in the IIC" District and partically in a more restricted district, then the front yard shall conform to the front yard regulations of the more restricted district. II Mr. Caldwell stated he could not fence in because of parking spaces. If he tore this building down and rebuilt, it would be so small, it would only be large enough for one office space. The rest would have to be for parking. Dr. Hahn stated the Board has gone as far as it can go. He said the City should give a definition as to the use of this building. Mr. Caldwell stated this building cannot be used. Dr. Hahn stated it is non-leasable and non- usea1ble. Mr. Caldwell stated that is correct. . ~ Page 7 Z B A Minutes April 12, 1979 . Mrs. Williams asked if we should give Mr. Henry a certain amount of time to remove his belongings out of the building. Mr. Henry stated he could be out right away. Mr. Anderson stated we should give him 30 days. . Mr. Henry stated he still could not under- stand why the city would allow another business to have a fence out past the build- ing line and not let him. He showed pictures of 2 businesses around him with fences out past the building line. Mr. Roseberry stated the best thing for everyone is for the ordinances to be carried out. He stated he knew it would be bad at first, but would be the best in the long run for Mr. Henry and the City. Mr. Taft stated you can not sell property because of the junk yard. Dr.~Hahn stated he was sorry for the in- convience to Mr. Henry. ADJOURNMENT The meeting adjourned at 8:00 P.M. /1,' ,/.1 ( //1' / (/-- /;~~--; ~,/ .~.----- ./, /e.} \, ,/,./ ' / 1/' / .' .~ -' -,-;"< t ( (/Ltp.....-..· CHAIRMAN, ZONING BOARD OF ADJUSTMENTS .