Loading...
HomeMy WebLinkAboutZBA 1979-11-11 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF JULY 12, 1979 NEW BUSINESS BA 79-11 APPROVED . . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENTS OF THE CITY OF NORTH RICH LAND HILLS, TEXAS OCTOBER 11, 1979 The meeting was called to order by the Chairman, H.B. Helton, at 7:05 P.M. PRESENT: H.B. Helton Dr. E.K. Hahn Jo Ann Williams Jack Roseberry Jesse Range CITY STAFF PRESENT: Jim Anderson Wanda Calvert Mrs. Williams moved, seconded by Mr. Roseberry, to approve the minutes as read. Motion carried 5-0. Request of E.D. Briggs to vary from the Zoning Ordinance #179 on Tract 12Cl, Abstract 1266, to be allowed to park commercial vehicles next to his residence which is in Agricultural zoning. This property is located on the east side of Davis Blvd. approximately 347 feet north of Rumfield Road. Mr. Briggs presented his request to the Board. He stated he wants to be able to park his equipment that he uses in his work on his property next to his home. Mr. Range asked what kind of equipment it was. Mr. Briggs stated it was trucks, dump trucks. Mr. Anderson stated that Mr. Briggs was in the demolition business. He stated that Mr. Briggs came before the Planning and Zoning Commission requesting a zoning change to Commercial zoning, but we explained to him that if the zoning request was granted, Mr. Briggs would not be allowed to live in the house-it would be non- conforming. Mr. Anderson stated that after discussing this with Mr. Briggs, they decided the best thing was for him to come before the Zoning Board of Adjustments. He stated if the Board should decide to approve this request, he would suggest they put a time limit on it. . . . ~ Page 2 Z B A Minutes October 11, 1979 Mr. Roseberry asked if the trucks would be parked behind a sight-barring fence. Mr. Briggs stated he has a 5 ft. fence, but there is about 1 ft. openings between the boards. Mrs. Williams asked Mr. Briggs how much room he has for the trucks. Mr. Briggs stated the lot is approximately 100 ft. along Davis Blvd. and 110 ft. running east and west. Mr. Helton asked how close the nearest residence was. Mr. Briggs stated approximately 300 feet. Mr. Roseberry asked if he planned to do any repair or mechanic work on the trucks there. Mr. Briggs stated he would not. Dr. Hahn asked what size the trucks were. Mr. Briggs stated the beds were 22 ft. long. Dr. Hahn asked Mr. Anderson how this would be traffic wise. Mr. Anderson stated he did not feel this would cause any problem as they would not be going in and out all the time, they would just be parked there when he is not working. Mr. Anderson stated he feels this area will develop in a few years and this property would need to go Commercial. Mrs. Williams asked Mr. Briggs if he would agree to the Board putting a time limit on it, say about 5 years. Mr. Briggs stated that maybe he could retire after 5 years. Mr. Range stated this property will have to go Commercial before long. Mr. Helton stated if it did, Mr. Briggs would have a non-conforming house. ~ Page 3 Z B A Minutes October 11, 1979 . Mr. Range stated if Mr. Briggs sold it Commercial, the buyer probably would not care about the house. Dr. Hahn stated the Board would have to grant this to Mr. Briggs alone. Mr. Roseberry asked Mr. Anderson if there was an ordinance against parking the Commercial vehicles in Agricultural zoning. Mr. Anderson stated there was, it would be allright if it was farm equipment. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Roseberry moved, seconded by Dr. Hahn, to APPROVE BA 79-11 with the stipulation that it be granted to Mr. Briggs only and would run for 5 years, and that there would be no repair work or spare parts on the property. Motion carried 5-0. . BA 79-12 APPROVED Request of R.T. Koonce, Jr. to vary from the Zoning Ordinance #179 on Tract 3A3, Abstract 1150, to be allowed to have structure in Agricultural zoning that was built without having property platted and without obtaining a building permit. This property is located at 7244 Eden Road. Mr. Koonce presented his request to the Board. He stated he built his house in 1972 on 2.01 acres of land, but he now has 1.415 acres. He said he deeded the 1 acre back to the person he bought it from. Mr. Koonce stated he did not know he had to plat and zone. He stated he built a garage about 4 years ago, a little at a time, and he did not get a building permit for the garage, but he did the house. Mrs. Williams asked Mr. Koonce how long he owned the land before deeding it back to the seller. Mr. Koonce stateo it was about a year. . Mr. Anderson stated Mr. Koonce borrowed an acre of land to get around having to have the property zoned and platted (you are allowed to build without zoning and platting ~ Page 4 Z B A Minutes October 11, 1979 . in Agricultural zoning if you have at least 2 acres). Mr. Anderson stated that Mr. Koonce is not the first person to do this, he just got caught. Mr. Anderson stated that Mr. Koonce has undergone some expense to come before the Board to try to make things right. He stated Mr. Koonce would have to come in and get a building permit for the garage and the garage must pass the inspections. Mr. Anderson stated he recommends the Board grant this request because if you do not, he will have to go through the expensive proceedure of platting and zoning. Mr. Anderson stated that the way we found out about this was the Tax Assessor went out and found a garage on the property and we checked and found no building permit for it. Mrs. Williams stated the garage looks real nice. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. . Dr. Hahn moved, seconded by Mrs. Williams, to APPROVE BA 79-12 as requested. Motion carried 5-0. BA 79-13 DENIED Request of National Convenience Stores to vary from the Zoning Ordinance #179 on Lot 1, Block 1, Northland Shopping Center Addition, to build a carwash in Local Retail Zoning instead of the required Commercial zoning. This property is located in the Southeast corner of Rufe Snow and Watauga Road. Mr. Bob Ray represented National Convenience Stores in their request. He stated they bought enough land to build a carwash next to their Stop and Go, but did not realize you had to have a deferent zoning for it. He stated they are in the process of obtaining a zoning change. Mr. Ray stated they hoped to be granted this request so they can go ahead and start building. He stated it will be the same type of material with 4 bays and will be coin operated. Mrs. Williams asked where on the property would it be located. . Mr. Ray stated it would face Rufe Snow and would be on the south side of the store. . . . ~ Page 5 Z B A Minutes October 11, 1979 Mr. Roseberry asked Mr. Ray if he under- stood him correctly that they have requested a zoning change to Commercial. Mr. Ray stated that they have already been approved by P & Z and are waiting to go before the City Council. He showed the Board the plans for the carwash. There was some discussion between the Board and Mr. Ray about the plans. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Randy Stebbins with Kroger Company stated they own the property adjoining this property. He stated they would like to stay neutral, but they are wondering if this is the best use for the property. He said they are also concprned about the litter, debris and trash it will create. He said also there would be several cars waiting in line and might cause a traffic problem. Mr. Stebbins stated they plan to have a large shop- ping center here. Mr. Helton asked where their property is located. Mr. Stebbins stated their property is to the south and east of this property. He stated they would be glad to work with them on plan- ning a good shopping center. Dr. Hahn asked if Kroger would like to have a fence put up. Mr. Anderson stated he had talked to several of the representatives of Kroger and their main interest is the blocking of the view of their store. Dr. Hahn asked if the present store wouldn1t also block the view. Mr. Anderson stated it would, but not as much as a 4 bay carwash would. Mr. Helton asked Mr. Stebbins why Kroger didn1t buy this property. ~ Page 6 Z B A Minutes October 11, 1979 . Mr. Stebbins stated it wasn't available because they only bought their property approximately 2 months ago. Mr. Roseberry asked if there would be some- one on duty to make change and see that the area is kept clean. Mr. Ray stated the store personel would be responsible. Mrs. Williams asked if they would not hire someone and let them be responsible for this alone. Mr. Ray stated it would not be financially feasible. Dr. Hahn asked if there would be a curb to divide the two properties. Mr. Ray stated they could put in one, but it would be a disadvantage. . Mr. Anderson stated the Kroger people said they do not want a curb. Mr. Ray said regarding the visibality of the Kroger store, the carwash would be just 4 partitions with 16 ft. wide bays and besides, the store will be large enough for anyone to see. Mr. Helton asked Mr. Ray if they had people come out every so often to check to see if the carwash was clean and the grass mowed, etc. Mr. Ray stated this would be the store manager's responsibility to keep the premises clean. The Chairman asked if there was anyone else who wished to speak. BA 79-14 DENIED Mr. Range moved, seconded by Mrs. Williams, to APPROVE BA 79-13 as requested. The vote was 3 to 2 with Mr. Roseberry and Dr. Hahn voting against. The motion was denied. Request of Darrell Van Noy to vary from the Zoning Ordinance #179 on Tract 3, Abstract 953, to have a Beauty Shop in Residential zoning. This property is located at 6420 Glenview Dr. . ~ Page 7 Z B A Minutes October 11, 1979 . Mr. Van Noy presented his request to the Board. He stated he bought this residence with a garage apartment, and he wants to convert the garage apartment into a beauty shop. Dr. Hahn asked what the proper~y was zoned. Mr. Van Noy said it was residential. Mrs. Williams asked Mr. Van Noy if he was aware of the expense he would have to be out in order to bring this building up to city standards. Mr. Van Noy stated he did. Mrs. Williams asked him how much he was planning to spend. Mr. Van Noy stated it would be between $5,000 and $10,000. . Mr. Anderson stated it would be closer to $10,000. He said the city has just recently adopted the Uniform Building Code and he would recommend he talk to our chief building inspector regarding the requirements before he starts. Mr. Van Noy stated that he, his father, father in law, and brother are all in the construction business and they could do the work cheaper. Mr. Roseberry asked why he didn't consider changing the zoning to Neighborhood Retail. Mr. Van Noy stated he talked to Mr. Anderson and he said if it was zoned Commercial, he could not live in the house. Mr. Roseberry stated he hated to grant this since they have been having so much trouble with this type area. Dr. Hahn stated Mr. Van Noy would sure have a lot of money tied up in a building that would not conform if he ever decided to rezone. . Mr. Van Noy stated the house is on pier and beam and could be moved. He said if you have ever checked into how much it costs to ~ Page 8 Z B A Minutes October 11, 1979 . rent a building, you would realize this wouldn't be too much to spend. Dr. Hahn stated that if they granted this request, it would have to be to Mr. Van Noy only. Dr. Hahn asked about the parking avail- ability. Mr. Van Noy showed the Board where the parking would be. Dr. Hahn stated he felt if this was to be used as a business, there should be a separate entrance. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Hal Copeland stated he owns some rental property on the corner of Glenview and Honey Lane, and he has no objections to this request. . Mr. Roseberry asked if Mr. Copeland was next to the garage apartment. Mr. Copeland stated he was. He said he would like to see the property zoned Commercial before very long. Mr. Anderson stated that this area was being considered for Transitional Zoning. He said if this classification of Transitional Zoning is approved by the Planning and Zoning Com- mission and the City Council, the people would be allowed to live on the property until it is sold. Mrs. Williams asked how much property he has here. Mr. Van Noy stated he has 150 ft. frontage to his property. Mrs. Williams asked if he does get this OK and then the property goes Transitional, then what. . Mr. Anderson stated this Transitional Zoning doesn't have anything to do with running a business, and besides, the variance would be ~ Page 9 Z B A Minutes October 11, 1979 . granted to the subject only and you might also think about putting a time limit on it. Dr. Hahn asked what would happen if he asked for Commercial zoning. Mr. Anderson stated he would then have a non-conforming building and would either have to move or come in before this Board and request a variance to be allowed to live there. Mr. Van Noy stated he plans to live there a few years, then change to Commercial and sell or something. The Chairman asked if there was anyone else who wished to speak. Mrs. Williams moved, seconded by Mr. Range, to DENY BA 79-14. Motion carried 4-1 with Dr. Hahn voting against the denial. . BA 79-16 APPROVED Request of Charles Reynolds to vary from the Zoning Ordinance #179 on Lot 1, Block 1, Cochran Addition, to be allowed to build a building over the building line. This property is located on the south side of Bedford-Euless Road next to the new Bennigan's restaurant. . Mr. Reynolds presented his request to the Board. He stated he bought this property immediately west of Bennigan's and paid the highest price for it that has "ever been paid in North Richland Hills. He stated he paid $4.95 per sq. ft. for it. Mr. Reynolds stated he wanted this property because it was a Commercially zoned piece of property that has the greatest flexability of useage. Mr. Reynolds stated he came to the city for a building permit and at that time, there was no set back lines. After the plat was approved, the building permit was denied because the Engineer had put a 30 ft. set back on the back and a 25 ft. on the front. Mr. Reynolds stated he then talked with Mr. Anderson and he suggested he go before this Board and request this variance. He said Mr. Anderson also requested he set the building back 20 ft. from the street. Mr. Reynolds stated he just had ~ Page 10 Z B A Minutes October 11, 1979 . to throwaway a $10,000 set of plans, but he would agree to set the building back the 20 ft. . Dr. Hahn asked what he planned to use the building for. Mr. Reynolds stated he planned to build a strip shopping center and then a smaller building on the other side of the lot. Mr. Anderson stated he was watching the large drainage across this piece of pro- perty, but stated he is satisfied with the protection of the drainage line. He stated when Mr. Reynolds brought in his plans, he was working with a preliminary plat of the property with no building lines. In Commercial zoning, there are no set back requirements, there are exceptions and variances. The building line is determined by the set back of the buildings on either side. Mr. Anderson stated, in this case, the buildings are way back on the lot for parking since they are restaurants. The Ordinance states the set back requirement will be no more than 50 ft. He stated he felt the Zoning Ordinance should over ride the building line the surveyor put on the plat. Mr. Anderson stated Mr. Reynold's original plan showed a 3 ft. set back and he felt this would not be acceptable since it would block the view and be a traffic hazard on Bedford-Euless Road. But Mr. Anderson stated he believes a 20 ft. set back is reasonable. He stated that there is one additional concern he has. It is in regards to fire lanes. He stated he could not see how the delivery trucks could keep from blocking the fire lanes~ but he had talked to Jack Long, the Fire Marshall, and he said he had discussed this with Mr. Reynolds and requested he X-out in front of the doors and put up signs stating if the driver of the trucks leave the trucks unattended, they will be fined. Mr. Anderson stated Mr. Long said he is satisfied with it. Mr. Anderson stated he would like to recommend the Board approve the 20 ft. building line, (30 ft. from the curb, which is roughly 3 car lengths). . ~ Page 11 Z B A Minutes October 11, 1979 . Dr. Hahn asked if there are going to be any exit doors. Mr. Reynolds stated there would be. He showed the Board his plans. Mrs. Williams asked if his plans call for a convenience store. Mr. Reynolds stated there would be no convenience store, liquor store, or restaurant. He said they would be mostly boutique shops. Mr. Range stated he tried to follow Mr. Anderson in the Zoning Ordinance regarding the exceptions and variances, and in this case, it would be granting the 20 ft. set back instead of the 50 ft. set back. Mr. Anderson stated that was correct. He also stated he had checked with the State and they said there was no problem in regards to the State right-of-way. . Mrs. Williams asked Mr. Anderson if any of the property owners objected. Mrs. Calvert stated all property owners within 200 ft. were contacted and no one called to complain, nor sent any letters of objection. Dr. Hahn asked if there would be entrance and exit markings. Mr. Reynolds stated if the city required them, they would mark them. Dr. Hahn asked Mr. Anderson if this area of the street is to be widened. Mr. Anderson stated it is already wide and there is a traffic light to help control the traffic. . Dr. Hahn stated there is no light when you are trying to turn left onto Bedford-Euless Road from under the underpass. Mr. Anderson stated there would be no problem seeing from that way, if there is a blind side, it would be the ones coming from the west. . . . ~ Page 12 Z B A Minutes October 11, 1979 Mrs. Williams asked if it could be requested that they put up large signs saying "In" and "Outll or "Entrance" and "Exit". Mr. Range stated the police would not enforce them. Mr. Anderson stated these would also cause rear end collisions. The Chairman asked if there was anyone who wished to speak in favor or in opposition of this request. Mr. Roseberry moved, seconded by Dr. Hahn, to APPROVE BA 79-16 as requested. Mr. Range asked if this motion would be sufficient. Mr. Roseberry withdrew his motion and Dr. Hahn withdrew his second. * Mr. Roseberry moved, seconded by Dr. Hahn, to APPROVE BA 79-16 to be allowed to build over the building line, but not to exceed 20 ft. Motion carried 5-0. OLD BUSINESS Dr. Hahn asked what the action was of the City Council in the appointment of members to this Board. Mr. Anderson stated they are interviewing for all the Boards and plan to fill the vacancies and appoint them at the next City Council meeting. ADJOURNMENT The meeting adjourned at 8:38 P.M. .r¡ *Should read: "Mr. Roseberry moved, seconded by Dr. Hahn, to APPROVE BA 79-16 to allow a 20 ft. building line in lieu of the 50 ft. building line as prescribed in Ordinance #179. Motion carried 5-0."