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HomeMy WebLinkAboutZBA 1978-09-21 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, SEPTEMBER 21, 1978 CALL TO ORDER The meeting was called to order by the Chairman, H.B. Helton, at 7:05 P.M. ROLL CALL PRESENT: H.B. Helton Dr. E.K. Hahn Jo Ann Williams Jack Roseberry Jesse Range CITY STAFF PRESENT: Gary Caldwell Wanda Calvert CONSIDERATION OF THE MINUTES OF AUGUST 17, 1978 Motion was made by Mrs. Williams, seconded by Mr. Roseberry, to approve the minutes as read. Motion carried 4-0 with Mr. Range abstaining since he was absent at the last meeting. NEW BUSINESS . BA 78-16 APPROVED The Chairman stated that Dr. Hahn has an appointment and will have to leave early, and he has requested that the Board hear SA 78-16 first on the Agenda since this re- quest has been before the Board prêviously. Request of Western 6 Motel to vary from the Zoning Ordinance #179 on Lot 2, Block 1, No. Richland Hills Station Addition, to have the framing of perimeter walls to be wood rather than steel or masonry. This property is located on Bedford-Euless Rd_, East of Greater Richland Area Post Office. . Mr. Melvin Shuler, 2225 E. Randol Mill Road, Arlington, Texas represented Western 6 Motel in their request. He stated that since their plans meet the Southern Building Code, they feel they should be allowed to proceed. He said this is allowed in Local Retail, and they could have come in for rezoning, but since time is of such importance, they decided to request a variance instead of a zoning change. He said this is not a small item to them. He stated it 'would cost them an additional $50,000 in construction cost. Mr. Shuler stated he did not feel there was that much difference between Local Retail and Commercial. He said they now have a Motel just like this under construction in Irving. He said Irving uses the Southern Building Code, too. Mr. Shuler stated this would not be a zero property line situation, ~ Page 2 B of A Minutes September 21, 1978 . it would be all 4 corners off and there would be no need for a fire wall. Mrs. Williams asked what is meant by zero property line. Mr. Shuler stated it means the building is not built on the property line. In most Commercial zoning, you can use a party wall or common wall with no air space. This way, you would have to build a fire wall so the fire won't spread to the other building. Mr. Shuler stated he brought Mr. Charlie Owens, Chamber of Commerce Representative, and Mr. Walter Head, Architect, with him. . Mr. Charlie Owens, 6425 Martin, stated he had lived 'in North Richland Hills for 15 years. He said he was part owner of the property that was sold to Western 6 Motel. He said they have already been paid for the property. Mr. Owens stated he is an active member of the Haltom-Richland Chamber of Commerce, and spends lots of time seeking and looking for Commercial Industries to come to our area. He said we need them in order to spread our tax base and increase our tax income. He stated North Richland Hills needs another motel. He said that during football season, La Quinta can not accommodate all the people looking for a place to stay. He stated this would be approximately 100 units. There would be no restaurant, private club, and no alcholic beverages at this motel. Mr. Owens stated he feels this would be an asset to our City. He stated he had previously served on the City Council and they had had trouble with this Ordinance, and he feels it should be changed. The Chairman recognized Ex-Mayor Calvin Luper who was in the audience. The Chairman asked Mrs. Calvert if there had been any mail received pertaining to this re- quest. Mrs. Calvert stated there had been none. . Mr. Helton asked Mr. Caldwell if this pro- perty ever ceased to be a motel, could it be used for anything else. ~ Page 3 B of A Minutes September 21, 1978 . Mr. Roseberry stated that in the last meet- ing, Mr. Britton was asked this same ques- tion and he stated it could be used for any- thing that is allowed in Commercial Zoning. Mr. Roseberry further stated this is con- trary to any of his dealings with the City of North Richland Hills. Mr. Range stated the Ordinance states on page 73, the requirement is 90% of fire resistant material. That does not say if it is the outside wall or the entire wall. He asked Mr. Caldwell if the wall is weighed. Mr. Caldwell stated Mr. Britton says it means the complete wall. Mr. Range stated we have a simular Ordinance for Multi-Family. Mr. Caldwell stated this is permitted in Multi-Family and Local Retail. . Mr. Roseberry stated this is loàrl bearing. He said he had to put a double brick wall on his building he has just built. Mr. Range asked if he gets his opinion from the Southern Building Code or this Ordinance. He read from Article 21, Commercial District, Section III, Sub Section 9, Page 73: IIExterior Fire Resistant Construction All main buildings shall be of exterior fire resistant construction. (By definition, exterior fire resistant construction having at least ninety percent of the exterior walls constructed of brick, stone, concrete block, or other masonry, or factory finish steel.)1I Mr. Range stated you could easily measure the wall and find out if it is 90%. Mr. Caldwell stated everything within the wall is rated. Mr. Range stated he reads this to mean the exterior wall. . Mrs. Williams stated this case has really been a problem to her. She said she had really worked on this for 2 weeks, getting information from different places. She asked if they would explain to her exactly what they are asking for. ~ Page 4 B of A Minutes September 21, 1978 . Mr. Caldwell stated he has the plans for the exterior material for the motel in his office. He went to get them. Mr. Walter Head, Architect, stated he would be happy to explain this to Mrs. Williams and the Board. He showed the Board the plans of the Motel, and explained to them the material and construction of the walls they want to use in the motel. Mr. Shuler stated he had written up deed restrictions for several years and in try- ing to keep areas all brick, he would write that any structure in this area would have to be 75% brick-this meaning only the exterior wall. Mr. Range asked if the Board has the authority to change this. Mr. Helton stated they would not be changing the Ordinance, they would be granting a variance to use this type of material. . Mr. Roseberry stated they allow a Child Care Center in Local Retail to have wood studs. Mr. Range stated he has no objections to the wood frame. Dr. Hahn stated he has no objections. Mrs. Williams asked if the Board grants this request, will this show presidence. She stated she feels the Board needs to meet with P & Z and the City Council and try to change the Ordinance. She said if the Board is not going to uphold these Ordinances, we need to see about changing or re-writing them. . All the Board was in favor of meeting with the Planning and Zoning Commission and the City Council for this purpose. Mr. Roseberry stated it is not that they are against the Ordinance, but that they have a different interpation if it. Mrs. Williams stated that after much work and study, she will give her affirmative vote. She said she has called Ft. Worth and Irving where buildings of this kind are being ~ Page 5 B of A Minutes September 21, 1978 . constructed. She said she now feels that since this is allowed in Local Retail, she sees no reason not to grant this request. Mr. Range moved, seconded by Mr. Roseberry, to approve BA 78-16 with the stipulation that the future use be limited to a Motel only. Motion carried 5-0. Dr. Hahn asked if the City would enforce the stipulation. Mr. Caldwell stated it would. Dr. Hahn asked to be excused since he had to leave. He left at 7:45 P.M. BA 78-11 APPROVED Request of William T. Harlow to vary from the Zoning Ordinance on Lot 12, Block 7, North Hills Addition, to build a car port over the building line. This property is located at 3551 Reeves St. . Mrs. William T. Harlow presented her request to the Board. She stated that she wishes to turn her garage into a room and build a car port. She stated they have a boat and need a car port to put it under. She said they have a bedroom that is L-shaped and wants the cover to come over to the bedroom and connect. He said they want to try to find the same brick as on their house and brick one side up part way and use lattice work the_-rest of the way. She said this would be on one side only. Mrs. Williams stated the house next to it sets catty-cornered on the lot and there are some trees. Mrs. Harlow stated she has to get this O.K. before her husband will let her make the garage into a room. Mr. Roseberry asked Mr. Caldwell what was the building line on this property. Mr. Caldwell stated 25 feet. . Mrs. Harlow stated it would be 7 feet over the building line. She said they had had several neighbors come by and say they would come and speak in favor of this request if needed. . . . Page 6 B of A Minutes September 21, 1978 BA 78-12 APPROVED ~ The Chairman asked if there had been any correspondence on this request. Mrs. Calvert stated there had been none. Mr. Range moved, seconded by Mrs. Williams, to approve BA 78-11 as requested. Motion carried 4-0. Request of Claude Kelley to vary from the Zoning Ordinance #179 on Lot 15, Block 3, North Hills Addition, to build a car port over the building line. This property is located at 3762 Matson St. Mr. Claude Kelley presented his request to the Board. He stated he has already con- verted his garage into a room. He said he had no idea he would not be allowed to build a car port, Mr. Kelley stated the car port would be joined to the house under the eave and have red cedar trim and steel posts that will square up to look like cedar posts. Mrs. Williams asked if they plan to frame up the sides. Mr. Kelley stated they did not plan to. Mrs~ Williams stated this is the same as the one just heard~the house is catty-cornered on the lot~ Mr. Range stated you can only get 2 cars in your drive. The difference is your posts will be 12 feet from the curb line whereas the other one we just heard was 25 feet from the curb. He said they actually have room to park 4 cars on the drive way there. He said actually, when you took your garage in for a room, you violated the City Ordinance which requires you to furnish 4 parking spaces. Mr. Roseberry stated that.people all around are enl argi ng their homes by converti'ng the garage into a room. He said the ones who boot-leg it get by, but the ones who try to do whats right by coming in for a permit are the ones who suffer. ~1r.. Helton asked Mr. Roseberry if, in his business, he had any trouble getting loans approved when there is this sort of problem. . . . Page 7 B of A Minutes September 21, 1978 BA 78-13 APPROVED ~ Mr. Roseberry stated when they have gone over the building line, it presents a problem He said they have to have a variance granted before the loan would go through. He said he had never had one turned down because of a car port. He said a car port is considered a temporary struc- ture. Mr. Range stated that Matson street, just to the North of Mr. Kelley curves slightly away from his yard so the neighbor to the side has more than 12 feet distance and that helps the situation. Mr. Roseberry asked if his posts were standing back or will they be on the corner. Mr. Kelley stated there would be a hangover. Mr. Range stated the Ordinance allows up to a 4 ft. overhang. He said Mr. Kelley could put his posts on the building line and he would not have to have a variance, but he can~t do that as he has much more than that. The Chairman asked if there was anyone in the audiance who wished to speak for or against this request. Mr. Range moved, seconded by Mrs. Williams, to approve BA 78-12 as requested. Motion carri'ed 4~0.. Request of Donald R. Lewis to vary from the Zoning Ordinance #179 on Lot 3, Block 7, Briarwood Estates, to build a car port over the building line. Thi's property i's located at 7708 Turner St~ Mr~ Donald Lewis presented his request to the Board. He stated he has a new house he just built 3 months ago and he is just like every~ one else who has a conglomeration of lawn equipment, mowers, etc. filling the garage, leaving no room for the family cars. He stated he wants to build a free standing car port directly in front of the garage. He said this will be built by Lane Corporation. It will be 21~ feet wide to conform to the width of the garage and will be 20 feet out in front. He said it will butt up to the house. The supports will be 4~ by 61 galvan- ized steel and will be set back 4 feet. He ~ Page 8 B of A Minutes September 21, 1978 . said the car port would be 25 feet from the curb line and intrude into the 25 ft. build- ing line by 9 ft. He said Turner street is a short, one block long street and dead ends into a horse pasture on the East and this car port would not block the view in any way. Mr. Lewis showed the Board a picture of his proposed car port. Mrs. Williams asked him if he had any deed restrictions that would be against this. Mr. Lewis read what was on his deed. Mr. Roseberry told him he would have to check with Tarrant County to find out the deed restrictions. Mr. Caldwell stated the City does not enforce Deed Restrictions. . Mr. Lewis stated this is a well built, expen- sive structure. He stated it would have two 81t beams and have wood grain trim. He said ;-t will be of very heavy alluminum. Mr. Roseberry asked what one like this would cost. Mr. Lewis stated approximately $1000.00. Mr. Range asked Mr~ Lewis if he collects old cars. Mr. Lewis stated he rebuilds them into "'Hunt i ng Bugg i es II. The Chairman asked if there was anyone who wished to speak for or against this request. Mr. Roseberry moved, seconded by Mr. Range, to approve BA 78~13 as requested. Motion carried 4-0.. RECESS The Chairman called a 5 minute recess at 8:10 P.M.. RE-CALL TO ORDER The Chairman called the meeting back to order at 8:15 P~M. . BA 78-14 DENIED Request of Lynn M. Brown to vary from the Zoning Ordinance #179 on Lot 2, Block 22, Clearview Addition, to build a car port over the side building line. . . . Page 9 B of A Minutes September 21, 1978 ~ This property is located at 7820 Birchwood. Mr. Brown presented his request to the Board. He stated he wants to build a car port on the side of his house. He said it would not extend past the front of his house. Mr. Brown stated it would be a free standing car port. He said he has gone over the line and has only 1 ft. to the property line. Mr. Brown stated all his neighbors have children who drive and he has 2 girls who will soon be of that age. He says there are cars park- ed all up and down his street on both sides. Mr. Brown stated he has an expensive motor home he wishes to protect from the hail storms we have in this area. Mrs. Williams asked if he plans to have a driveway from this car port into the street. Mr. Brown stated he will have a drive way, but it will go into the existing driveway. He said there will be only one entry into the street. . Mr. Helton stated the important thing to consider was the egress and ingress to the back of his property. Mr. Roseberry stated this would present a problem for fire protection. Mr. Range asked Mr. Brown if he really needed a cover over this car port, and if he could be satisfied with just a slab. Mr. Brown stated no he would not be satisfied with just a slab. He said he would be defeat- ing his purpose. He said his mobil home is made of alluminum and you know hów it dents when hail hits it. Mr. Brown stated he talked to the only neighbor that might object, and he said he didn't care, if he would put spouts on the car port to control the water flow off his property. Mr. Range stated Mr. Brown would have no ingress from the front because he has a portable building on the other side of this house. Mr. Brown stated if the fire truck wasn't over 13 feet high, it could go through the car port. ~ Page 10 B of A Minutes September 21, 1978 . Mr. Range stated it could not with a mobil home setting there. Mr. Brown stated the mobil home would be parked there anyway, whether it has a roof over it or not. The Chairman asked if there was anyone who wished to speak for or against this request. Mr. Range told Mr. Brown that this request puts the Board in a bind. Mr. Roseberry stated he was hesitant to grant this since it was on the side yard. Mr. Brown stated the mobil home could easily be moved. He stated the slab is 14 ft. wide. There is 16 feet to the fence and the mobil home is only 8 feet wide. He said this would leave 7 feet. Mr~ Roseberry asked Mr. Caldwell what the side yard requirement was. . Mr. Caldwell stated 6 feet. Mr. Brown stated the reason he wants the car port larger than the mobil home is so when the hail storms come, the extra width and length will keep the hail off. Mr. Range asked Mr. Brown what he would do if the Board turns this down. Mr. Brown stated he would be up a creek since he has already poured the slab, and the posts are up. He stated he had no idea there was an Ordinance against this. Mr. Roseberry asked if Mr. Brown put the posts on the building line and had a 4 ft. overhang, would this work. Mr. Caldwell stated he would have to read up on the Southern Building Code, but he thinks it is either 2 ft. or 3 ft. overhang. Mr. Helton asked if they have to have a permit to pour a driveway. . Mr. Caldwell stated not unless they go into the street, then they would have to be bonded ~ Page 11 B of A Minutes September 21, 1978 . with the City and put up a $500.00 cash bond. Mrs. Williams asked if the Board denies this, could he leave the slab. Mr. Caldwell stated he could. Mr. Range asked Mr. Brown if he would con- sider building a car port in the back yard. Mrs. Williams stated he can't, because he has a swimming pool in his back yard, and would not have room. Mr. Range moved, seconded by Mrs. Williams, to deny BA 78-14. Motion carried 4-0. BA 78-15 APPROVED Request of Dennis Boyd to vary from the Zoning Ordinance #179 on Tract 3R, Abstract 1055 , to build a house on 3 acres of land with a 30 ft. frontage instead of the re- quired 150 ft. frontage. This property is located on Crane Road, approximately 909 feet South of Amundson Dr. . Mr. Dennis Boyd presented his request to the Board. He stated he bought this property from John McNary without being told of this City Ordinance. Mr. Boyd stated the road into his property is deeded to him. He said he has already put 2 loads of gravel on it. He said he has already spent $8000.00 on improvements on the property such as a sprinkler system, etc. He stated he plans to build a $51,000.00 home on this property and pay cash for it, but if he can't get this variance, he·ll have all this money tied up in land and still no home. Mr. Boyd stated that Mr. & Mrs. McDaniel have built next to him and he has given them a portion of his land to them so they will have an ingress into their property. Mrs. Williams stated she sees no reason why the Board cantt grant this variance request. . Mr. Boyd stated the reason he bought this property was that he is a disabled Vereran, and in 5 years or so he will loose the use of bis legs and he needs to be out like this so he can raise his food, etc. Page 12 B of A Minutes September 21, 1978 . BA 78-17 APPROVED . ADJOURNMENT . ~ The Chairman asked if there was anyone who wished to speak on this matter. Mr. McDaniel stated he was in agreement with what Mr. Boyd wants to do. Mr. Roseberry stated he feels the Ordinance is mis-interpeted. He said it doesn1t say the narrowest point would have to be 150 ft. Mrs. Williams stated they would have no problem with fire protection. Mrs. Williams moved, seconded by Mr. Range, to approve SA 78-15 as requested. Motion carried 4-0. Request of Lance Adams to vary from the Zoning Ordinance #179 on Tract 8A, Abstract 1055, to build a house on 2 acres of land with a 100 ft. frontage instead of the re- quired 150 ft. frontage. This property is located on Crane Road, West of Valleyview Drive. Mr. Lance Adams presented his request to the Board. He stated his property is located in the same vicinity as Mr. Boyd1s property, the only difference being he has a 100 ft. frontage. Mr~ Range stated he sees no need of discussing this one since it is so similar to the previous request. Mrs. Williams asked Mr. Adams where he plans to put his road. She said he is the one that came before the City Council asking for approval to build a log house on his property. Mr. Adams stated the City Council gave their approval for him to build the log house. He said he plans to build a circular road so he wontt have to cut down any trees. He also stated he plans to buy additional lane next to him. Mrs. Williams Moved, seconded by Mr. Range, to approve SA 78-17 as requested. Motion carried 4-0.