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HomeMy WebLinkAboutZBA 1979-07-12 Minutes . . . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF JUNE 14, 1979 NEW BUSINESS BA 79-8 TABLED ~ MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, JULY 12, 1979 The meeting was called to order by the Chairman, H. B. Helton, at 7:11- P.M. PRESENT: H. B. Helton Jo Ann Williams Jack Roseberry Jesse Range ABSENT Dr. E. K. Hahn CITY STAFF PRESENT: James Anderson Wanda Calvert Mrs. Williams moved, seconded by Mr. Rose- berry, to approve the minutes as read. Motion carried 4-0. Request of Earl C. Parker to vary from the Zoning Ordinance #179 on Lot 16, Block 37, Richland Terrace Addition, to build a garage with simulated wood grain paneling for the exterior walls instead of the required 75% brick. This property is located at 5125 Karen Dr. Mr. Parker presented his request to the Board. He stated the garage he wants to build would be just as substantial and good looking as if it were brick. Mr. Anderson asked what kind of material he wants to use. Mr. Parker stated it was simulated wood grain paneling. Mr. Anderson asked if it was something like pressed wood. Mr. Parker stated he felt that was probably what it was. Mr. Range asked if it was fire resistant. Mr. Parker stated he guessed it would be no more than anyother wood siding, but he really wasn1t sure. ~ Page 2 Z B A Minutes July 12, 1979 . Mrs. Williams told Mr. Parker she thought he said it was made of aluminum when she went out to look at his property. Mr. Parker stated it was called simulated wood. He said his son-in-law used it on an office building and it was very attractive and sturdy, but he was nit sure about how fire resistant it was. Mrs. Williams asked if the Board should postpone this request and give Mr. Parker time to get a piece of the material and have it checked to see how fire resistant it is. Mr. Anderson stated we' could have Mr. Long, the Fire Marshall, check it out. Mr. Roseberry asked if this was going to be attached to the house. Mr. Parker stated it was not. He said it would be at the back of his back yard. He stated he has a fence and it would not be very visable. . Mr. Range stated he believed the purpose for the Ordinance for the 75% brick or masonry construction was for fire protection rather than just appearance. Mr. Anderson stated he felt it was for both. Mr. Range stated that in this case, the appearance should not be a concern since it would be almost totally unseen. Mr. Parker stated there would be no flammable products stored in it, just his boat and things of that nature. Mr. Anderson asked if there would be electricity in the garage. Mr. Parker stated he had not planned to. . The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Janis Mathers, 5120 Laurel Lane, stated she was of the opinion that there was an Ordinance ~ Page 3 Z B A Minutes July 12, 1979 . against detached buildings in North Richland Hills. She also stated there are no painted surfaces that would stand up as good as brick. She stated she does not feel we should allow anyone to build anything frame in this neighborhood. Mrs. Williams asked Mrs. Mathers if she lived behind Mr. Parker where the 3 metal storage buildings were in the back yard. Ms. Mathers stated she did not live there. She stated she was against those, too. She said when someone is allowed to build a large garage, the next thing is they have a garage apartment. Mr. Anderson stated there was an ordinance against having garage apartments in residential zoning in North Richland Hills. Ms. Mathers stated if the Board allows this, there would be no need for the Ordinances. . Mr. Anderson stated that was the reason we have a IIBoard of Adjustments". He stated there are times there is a need to vary from the Zoning Ordinance. The Chairman asked Mr. Anderson to read the Ordinance regarding the 75% brick requirement. Mr. Anderson read Ordinance #650, Section 1.01, # V, an amendment to Ordinance #129: IIAll Multi-family, 2 family and one family dwellings shall have exterior walls constructed of 75% brick, stone, or if approved by the City Council, other masonry or materials of equal characteristics. Exterior wall shall mean that exposed portion of the building from the foundation up to the ceiling line of the first floor of the building. II Mrs. Williams asked Ms. Mathers if she was against the garage because it would not be brick or if she was against the garage, period. Ms. Mathers stated she was against it because of the wood and also did not like it being detached. . . . . ~ Page 4 Z B A Minutes July 12, 1979 Mrs. Williams asked if she would be against it if Mr. Parker agreed to brick it. Ms. Mathers stated she would be against it, but not as vividly. The Chairman asked if there was anyone else who wished to speak. Mr. Range stated he tried to find this requirement in Ordinance #179, but was unable to find it. He stated he feels this Board has no jurisdiction over this request. He stated they are to only hear request regarding Ordinance #179. Mr. Anderson stated he felt the City Council intended this to be included, but he would request this be postponed until he could talk to the City Attorney. Mr. Roseberry moved, seconded by Mr. Range, to table BA 79~8 until Mr. Anderson can discuss this with the City Attorney. Motion carried 4~0. BA 79-9 APPROVED Request of David Barfield to vary from the Zoning Ordinance #179 on a portion of Tract 3R, Abstract 1055, to build a house in Agricultural zoning without the required 150 ft. ro~d frontage. This property is located on the West side of Precinct Line Road, approximately 700 feet South of Amundson Road. Mr. Barfield presented his request to the Board, He stated he has approximately 3 acres which is presently zoned Agriculture. He said he would like to leave it Agriculture. Mr. Barfield stated he has 60 ft. road frontage instead of the required 150 ft. He stated he plans to build a $150,000 or $200,000 house which will be an asset to the city. He showed the Board a plat of his property. He stated he plans to build a 2~ story house, the garage being underground and 2 stories above. Mr. Roseberry asked exactly where his property was located. Mr. Range asked what the property to the North looked like. ~ Page 5 Z B A Minutes July 12, 1979 . Mr. Barfield showed where his land was located. He stated the land to the North was just pasture land. Mr. Roseberry asked if the utilities were served by another city. Mr. Barfield stated they were- not. He said the water is there, but he would have to have a septic tank. He stated he has not requested the perk test yet, but felt sure he would have no problem since he has lots of sand. Mr. Anderson stated several people in this area have had trouble with septic tanks, but if you have sand, maybe you will not have any problems. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. . Mr. Charlie E. Rosenau, 6929 Precinct Line Rd., stated he owns the land to the East of Mr. Barfield. He stated he was not speaking for or against this request, but wanted to ask some questions. He stated he had used this road, which is an easement, for 19 years. He stated when he built his home, he faced it on this little road. He stated Mr. Barfield does not own this road. There was much discussion regarding this road. Mr. Rosenau stated he had hauled in rock and broken cement to fill up the holes, besides spending around $1 ,000 on it. Mr. Anderson asked if the city had accepted this road. Mr. Rosenau stated they had not. Mr. Barfield stated he ownes this 60 ft., he has an insured title to it, but he has no intention of not allowing Mr. Rosenau the use of it. Mr. Barfield stated he has offered to swap this road for enough of Mr. Rosenau's land to build a road to the South. . . . . Page 6 Z B A Minutes July 12, 1979 BA 79-10 APPROVED ~ Mrs. Williams asked who Mr. Barfield bought this land from. Mr. Barfield stated he bought it from John McNary who bought it from Mr. Card. Mr. Anderson stated that he understands that if a piece of property has been used as a road for years, it becomes a public road. He stated there are several cases like this in North Richland Hills. He said he did not know if this would be this way or not. Mr. Barfield stated legally the road is his, he has an insured title to it, but he does not plan to block the road off nor does he plan to keep Mr. Rosenau from using it. He said all he wants is to be able to get into his property. The Chairman asked if there was anyone else who wished to speak. Mrs. Williams moved, seconded by Mr. Range, to approve BA 79-9 as requested. Motion carried 4-0. Request of E. F. Wigley to vary from the Zoning Ordinance #179 on Lot 11, Edgley Addition, to build a storage room of wood exterior in~tead of the required 75% brick. This property is located at 4174 Willman. Mr. Wigley presented his request to the Board. He stated he has the Richland Hills Flower shop which had previously been a residence. He said the house is brick with a wood garage and enclosed breezeway. Mr. Wigley stated they are in need of more storage area so he would like to build a storage building on to the frame garage. Mr. Anderson asked Mr. Wigley when he bought the house. Mr. Wigley stated it was in 1971. Mrs. Williams stated there is a doctor~s office next to it, but there is a lot of space between. ~ Page 7 Z B A Minutes July 12, 1979 . Mr. Roseberry asked what would be stored in this room. Mr. Wigley stated mostly pottery, glass, etc., nothing flammable. Mr. Range stated he was trying to see if this is a non-conforming building. He said he doesnlt believe it meets the zoning requirements. Mr. Roseberry stated it was the City Council IS policy to not allow expansion of non-conforming buildings in Commercial zoning. Mr. Wigley stated he was in Local Retail. . Mr. Anderson read Section V of page 87 of the Zon i ng Ord i nance: II A non-conformi ng use s ha 11 not be extended or rebuilt in case of obsoles~ cence or total destruction by fire or other cause. In case of partial destruction by fire or other causes, not exceeding fifty percent of its value, the Building Inspector shall issue a permit for reconstruction. If greater than fifty percent and less than the total, the Board of Adjustment hereinafter created may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated non-conforming use of the conservation and preservation of property. II Mr. Range stated if you were to have a fire, damaging the garage, you could reconstruct it with wood and it gives this Board the authority to grant this variance. Mr. Roseberry stated for Local Retail, all Mr. Wigley would have to do to comply would be to brick it and put in conduit. Mr. Wigley stated it would not be feasable to brick what is already there. It would be unreasonable. . Mr. Anderson stated what Mr. Roseberry was saying-it might be cheaper in the long run to go ahead and make the building conform because every time you want to make anykind of remodeling, you will have to come before this Board again. . . . Page 8 Z B A Minutes July 12, 1979 ADJOURNMENT ~ Mrs. Williams asked if this addition would take up too much of the lot. Mr. Anderson stated it would not because Mr. Wigley has a large lot. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Range moved, seconded by Mrs. Williams, to approve BA 79-10 as requested. Motion carried 4-0. The meeting adjourned at 8:25 P.M. -- .) "( ( "'\/ / t2;¿/o '''---- /~ / . / X ,\ /1 ".' ¡/, K.'"-----·--·"·-···, . '7: V ..0 /J "'" ~ .. - t - ¿ . L _ .... CHAIRMAN ZONING BOARD OF ADJUSTMENT