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HomeMy WebLinkAboutZBA 1979-05-10 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF APRIL 12, 1979 . NEW BUSINESS BA 79-5 DENIED . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, MAY 10, 1979 The Chairman, H.B. Helton, called the meeting to order at 7:05 P.M. PRESENT: H.B. Helton Jo Ann Williams Jack Roseberry Dr. E.K. Hahn Jesse Range James R. Anderson Gary Caldwell Wanda Calvert Pat Crum CITY STAFF PRESENT: Mr. Range moved, seconded by Mrs. Williams, to approve the minutes as read with one correction on page 8, last paragraph should read IIwould also be in violation if this variance were approvedll. Motion carried 4-0 with Mr. Helton abstaining since he was not present at this meeting. Request of R.W. Stewart to vary from the Zoning Ordinance #179 on Lot 97, Block 4, North Hills Addition, to build a carport over the side building line. This property is located at 5816 North Hills Drive. Mr. R.W. Stewart presented his request to the Board. He stated the previous owner of this property had converted the garage into a den and Mr. Stewart said he needs a carport to put his automobiles in. Mr. Helton asked Mr. Stewart if this carport would extend over the building line. Mr. Stewart stated it would go almost to the property line on one end. He stated his driveway slopes from the street to the house. Mrs. Williams asked Mr. Stewart what kind of material would the carport be constructed of. Mr. Stewart stated he would get an awning company to put it up, and it would be out of whatever they use. Page 2 Z B A Minutes May 10, 1979 . Mrs. Williams stated she was of the opinion that if you put a carport on the side of the house, there would only be 6 ft. left between the houses and this could cause a fire hazard, the flâmes could jump from one roof to the other. Mr. Range asked if his drive was on the West side of the house. Mr. Stewart stated it was. Mr. Range asked him if he had thought about building a carport in front of his house. Mr. Stewart stated he would rather have it in the front, but it would be taller than the house since his driveway slopes to the house. Mr. Roseberry stated the City Council estab- lished the 6 ft. side yeard requirement and we must make the builders abide by this. . Mrs. Williams asked how much slope there was on the present driveway. Mr. Stewart stated there was approximately 2 ft. Mr. Helton asked Mr. Caldwell what his views were on the subject. Mr. Caldwell stated he was afraid if the Board granted this request, we would have complaints of water run-off. Dr. Hahn asked Mr. Caldwell if there would be a problem if he built it in the front. Mr. Caldwell stated Mr. Stewart would have to come in for a variance since he would have to build over the front building line. The Chairman asked if there was anyone who wished to speak for or against this request. . Mr. Robert E. Crow, 5812 North Hills Drive, stated the complaint he would have-this would put his cars right in our bedroom. Mr. Crow said he also feels this would be a fire and health hazard. He stated he had lived Page 3 Z B A Minutes May 10, 1979 . here 14 years and it might be alright as long as Mr. Stewart lived there, but he might sell the place and the next owner might work on cars all night while we are trying to sleep. Mr. Helton stated he would suggest this be tabled until Mr. Stewart decides where he wants to build the carport. He said the Board should give Mr. Stewart time to check into the different possibilities. Mrs. Williams asked if we tabled this, giving Mr. Stewart time to decide what he would like to do, could he then come back through with no fee required. Mrs. Calvert stated she believed all he would have to pay for was the certified mail charge. Mr. Helton asked if this would be agreeable with Mr. Stewart. I. Mr. Anderson asked Mr. Stewart to try to get a sketch of how the carport will look and of what kind of material would be used to build this carport before he comes back. Mr. Range asked Mr. Crow what his views were for Mr. Stewart putting the carport in front. Mr. Crow stated he would have no objections to having it in the front if it were attractive and added to the house. He said he was not in favor of anything that took away from the value of the property around it. He said he felt any carport takes away from the property value. . Mr. J.D. Cornelius, 5813 North Hills Drive, stated his property was across the street. He said he lives on the high side of the street, and this is a nice neithborhood. He said if you build the carport on the front, you are going to have an approximately 3 ft. slope from the :street to the house. He said the prior owner of the house when he got the building permit to enclose the garage, he made a promise with the neighbors that he would not build a corport, but that agree- ment only lasted till he sold the property. He said he was opposed to him building over the building line. Page 4 Z B A Minutes May 10, 1979 . Mr. Roseberry stated if the variance was granted, it could be incorporated into the variance that the carport be open, not closed in. Mr. Cornelius asked could they also incorporate it in that it be built out of something other than aluminum, fiberglass, etc. He said be remembers the building code states the struc- ture be built out of masonry or glass, but Mr. Cornelius stated he didn1t know how you could build a corport out of masonry. He said most are made of aluminum and they tend to deteriorate after a few years. Mr. Helton asked Mr. Stewart how he had planned to get to the carport. Mr. Stewart stated he could use the same drive- way or could come from the street with another drive. He said either would be ok. . Mr. Helton asked Mr. Strwart if there was some reason why he couldn1t build this in the back yard. Mr. Helton asked Mr. Caldwell if he could run the driveway down the side of the house and build the carport in the back yard. Mr. Caldwell stated he could without any problem. Mr. Crow stated if Mr. Stewart puts a driveway down the side, if the driveway is not built just right, it would throw water right in his house. Mr. Roseberry stated this would be built down the other side of the house. Mr. Roseberry moved, seconded by Dr. Hahn, to DENY BA 79-5. Motion carried 5-0. BA 79-6 APPROVED Request of Patsy Robinson to vary from the Zoning Ordinance #179 on Lot 16, Block 6, Holiday Hills Addition, to build a rear entry garage on the south side of the house which would be 10 feet over the building line. This property is located at 4617 Lariat Trail. Mr. Buddy Robinson presented their request to the Board. He stated they are closing in their garage for a game room. He stated this . Page 5 Z B A Minutes May 10, 1979 . . . * She stated the Board approved the variance for the front yard, but turned down the variance for the back yard. would make their house approximately 1931 sq. feet. He stated this would be all brick. He stated he owns the lot behind him which is 90 ft. wide and 190 ft. deep. Mr. Robinson said this would serve as their back yard. He said they plan to take up the present driveway and plant grass there. He stated that at the time they had this house built, Mr. Ritz built it over the building line 10 feet, and they wish to build the garage in the same line as the house. He said Mr. Ritz got an ok from the city to have the house over the building line. Dr. Hahn asked where the entrance would be. Mr. Robinson explained to the Board where he plans to build the garage. Mrs. Williams asked Mr. Robinson if he got a permit for the fence he has up which is in violation. Mr. Robinson stated he did not know he needed a permit. Mrs. Williams stated she remembered when he came in before them requesting a variance so he could put up a fence in his front yard. * She stated the Board turned him down and told him he could not put that fence up where he now has it. Mr. Robinson stated he was not here to talk about the fence, but that the fence will be taken down if he gets this variance. Mr. Helton asked Mr. Caldwell how Mr. Ritz was allowed to build this house over the build- ing line. Mr. Caldwell stated Mr. Ritz was given a letter stating it was ok. Mrs. Calvert stated that when the Robinsons came in and applied for this variance, they told her of the house being built over the building line and that Mr. Ritz had gotten an ok from the city to do this. Mrs. Calvert stated she looked for a variance request that had been granted by the Z.S.A on thi.s property but found none. She stated she callea Mr. Ritz and he brought her a copy of the letter Mr. Britton wrote. Mr. Ritz stated he ex- . . . ~ Page 6 Z B A Minutes May 10, 1979 plained the problem to the City Manager, Gene Riddle, and Mr. Riddle gave the ok, but he had Mr. Britton write the letter. Mrs. Calvert stated that Mr. Ritz said the city clerk that was supposed to keep the plat book up to date had failed to enter the newest plat of this area. She said she felt Mr. Riddle allowed this since it was basicly a city employee error. Mr. Helton asked Mr. Robinson if there was any problem with the title company. Mr. Robinson stated there were no problems. Mr. Helton stated he felt that since the city officials wrote this letter, it established the building line and that Mr. Robinson should not have had to come in for this variance. Mr. Roseberry stated the letter did not say anything about the house, it was in refer- ence to the building line. Mr. Roseberry asked Mr. Robinson how far would it be from the back of the garage to the back of the yard. Mr. Robinson stated approximately 20 feet. He said the garage and breezeway would be approx- imately 35 ft. He said he will be spending approximately $35,000 to do this. Mr. Caldwell stated Mr. Robinson might con- sider replatting and making the two lots into one. He said the way it stands now, the 15 ft. building line was granted, but on the other lot, it has a 25 ft. building line, and this would not change. Mr. Caldwell stated Mr. Robinson could not build anything on this lot without replatting; he could not even put a portable building on it. Mr. Robinson stated he does not intend to build anything on this lot. He said he only plans to plant some trees and put up a fence. Mrs. Williams asked Mr. Caldwell where Mr. Robinson could put the fence on the back lot. Mr. Caldwell stated it would have to be past the 25 ft. building line. Mrs. Williams stated that when Mr. Robinson came in in 1977 wanting to build a fence ~ Page 7 Z B A Minutes May 10, 1979 . across the front of his yard, he was told he could not put the fence up and was also told where he had to put the side yard fence. He was told this would be in violation. Mr. Range stated this letter that Mr. Britton signed does not state it was for the house, it says lithe City will accept the 15 ft. building linell. Mr. Caldwell stated this was correct. Mrs. Williams stated she feels the City should have to refund Mr. Robinson1s money if this letter is legal. Mr. Roseberry stated he feels the Board should legalize what Mr. Riddle and Mr". Britton did and then grant this request. . Mr. Edwin W. French, 6533 Victoria Ave., stated the only reason he came was he would like to oppose the replatting as it would put Mr. Robinson1s back yard in his front yard. Mr. French stated now he has the vacant lot as a buffer. He stated he had rather have a $60,000 house built on the lot rather than for it to be replatted and made Mr. Robinson1s back yard. Mr. French stated he and Mr. Robin- son have talked about what he plans to use the lot for, but if he replatted and then sold the property, they might build a tool shed or a garage that would not look good from his front yard. Mr. Range stated, technically, there are two lots, 16 & 17, if replatted, this lot 17 would become Mr. Robinson1s back yard. Dr. Hahn asked Mr. Robinson what he planned to put on this lot. Mr. Robinson stated he doesn1t plan to put anything on it, except fence it in for the children to play in without having to worry about them getting in the street. Mrs. Williams read from the Zoning Ordinance regarding single family residences. . . . . Page 8 Z B A Minutes May 10, 1979 Mrs. Williams moved, seconded by Mr. Rose- berry, to APPROVE SA 79-6 as requested with the letter dated 12-29-76 be included in the minutes, and the money Mr. Robinson paid to file this variance request be refunded. Mr. Caldwell stated he was not sure if this would be legal. Mr. Range stated he felt there was a common error made on both sides. Mr. Roseberry stated he feels there is a need to legalize this 15 ft. building line. Mrs. Williams stated she would withdraw her motion if Mr. Roseberry would withdraw his second. Mr. Roseberry withdrew his second. Mr. Caldwell stated the Board could have Mr. Robinson come back in with a variance request to legalize the 10 ft. over the building line, then grant this request. Dr. Hahn stated he felt the Board should grant this request and say nothing more about the house. Mr. Roseberry read from page 90 in the Zoning Ordinance regarding the jurisdiction of the Board of Adjustment. Dr. Hahn said "lets just grant this request and be done with it". Mr. Range moved, seconded by Dr. Hahn, to APPROVE BA 79-6 as requested. Motion carried 5-0. OLD BUSINESS Mr. Range stated that in a previous session with the City Council, they had decided to appoint one of the Board members to represent the Zoning Board of Adjustment at all the City Council meetings. He asked Mrs. Williams if she always went to the meetings. Mrs. Williams stated she usually goes, but in a non-official capacity. Dr. Hahn stated her presence made it official. . . . ~ Page 9 Z B A Minutes May 10, 1979 The Board agreed that Mrs. Williams should continue to go to the City Council meetings and represent the Zoning Board of Adjustment. The Board also asked Mrs. Calvert send them the agendas of all City Council meetings and also of the Planning and Zoning meetings. ADJOURNMENT The meeting adjourned at 8:25 P.M. ,/ ) L/ ..l// ·7/~:~-- I, /. / . d -~ C. --e<t/¿:.-?'::':; ~ CHAIRMAN ZONING BOARD OF ADJUSTMENT