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HomeMy WebLinkAboutZBA 1978-11-16 Minutes . . . ~ MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, NOVEMBER 16, 1978 CALL TO ORDER The Chairman, H.B. Helton, called the meeting to order at 7:00 P.M. ROLL CALL PRESENT: H.B. Helton Jo Ann Williams Dr. E.K. Hahn Jack Roseberry Jesse Range CITY STAFF PRESENT: Ray H. Britton Wanda Calvert CONSIDERATION OF THE MINUTES OF OCTOBER 19, 1978 Dr. Hahn moved, seconded by Mr. Roseberry, to approve the minutes as read. Motion carried 5-0. NEW BUSINESS BA 78-3 APPROVED Request of Juanita Anglin to vary from the Zoning Ordinance #179 on Tracts 13 & 14A, Abstract 953, to continue using the house as a residence and be exempt from install- ing a 6 ft. sight barring fence on the South side of the property. This property is located at 3805 Rufe Snow. Mrs. Anita (Anglin) Snow represented her mother, Mrs. Juanita Anglin, in her request. She stated this property fronts on Rufe Snow and they have owned this property for 30 years. Mrs. Snow stated her mother uses this for rental property-the house as a residence and a Commercial business in the back. She said this is the only means of income her mother has. She stated they have approxi- mately 4 acres. Mrs. Snow stated they have had lots of problems with children using the land for a trail, and have had some vandelism also. She said they have had to call the fire department several times. Mrs. Williams asked if the house is rented. Mrs. Snow stated it is now, and they need to lease the building in the back also. She said they had just recently had $300 in vandel damage. Mrs. Snow stated she did not think a wood fence would be good. She said if the vandels didn't set it on fire, they would tare it down. ~ Page 2 B of A Minutes November 16, 1978 . Mr. Britton stated these requirements were a part of the stipulation that was placed on the property at the time of rezoning from Planned Development to Com- mercial, which Mrs. Anglin requested. He stated the Ordinance states a sight barr- ing fence-this does not mean it has to be wood. You could use a chain link with slats. Mrs. Snow stated that the slats could be removed, so that wouldn't work either. Mrs. Williams asked Mr. Britton where the fence is required. Mr. Britton stated this is required on the south side where the Commercial zoned pro- perty butts the residential property. Mr. Roseberry asked Mr. Britton if she could lease this property without having it platted. Mr. Britton stated she could not. . Mrs. Snow stated they are in the process of getting this property platted. She showed the Board a copy of the plat of this pro- perty. Mrs. Snow stated they would like the variance for the house and fence, but if you do not grant the fence variance, please grant it temporarily until after they get the pro- perty platted. Mr. Range stated that in other words, she needed an interim variance on the 'fence. Mrs. Snow stated they would have to borrow the money for the fence. She said they would like to wait until after the property is platted because she knew there would be money needed for the platting requirements, and she would be able to borrow the money all at the same time. Mr. Helton asked Mr. Britton if the platting would present a problem. . Mr. Britton stated he didn't feel it would, and if they met the requirements, he would allow them to lease the Commercial property even before the City Council hears it. . . . Page 3 B of A Minutes November 16, 1978 ~ Mr. Britton stated putting up the fence would have nothing to do with the platt- ing of the property. He said this is an Ordinance requirement. Mrs. Snow stated she has had dealings with putting in wood fences. She said after about 2 years, you have to replace them. Mrs. Juanita Anglin stated she has always wanted a fence and if this is what it takes to make the neighbors happy, this is what she wants to do. She said she would rather have a chain link fence. Mrs. Snow stated she would like to have a permanent variance on the fence if there are no neighbors here against it. The Chairman asked if there was anyone who wished to speak for or against this request. Mr. Britton stated the owner of this property was in agreement with these requirements when the zoning was changed from Planned Dev- elopement to Commercial. He stated he had had only one complaint on the property and it was from a previous tenant. Mr. Range asked if they have any plans to develop this Commercially zoned property. Mrs. Snow stated they do not intend to do anything but rent the property as long as her mother lives. Mr. Range made a motion to approve this request as requested. Mrs. Williams asked Mr. Range if he meant they would not ever have to put up a fence. Mr. Range stated "Yes. II Mr. Roseberry stated he did not feel they should never have to put up a fence. Mr. Britton asked Mr. Range if he would amend his motion to read lias long as the property belongs to Mrs. Anglin.1I Mr. Range stated he would. ~ Page 4 B of A Minutes November 16, 1978 . Mr. Roseberry said then he would second this motion. Motion carried 5-0. BA 78-19 APPROVED Request of Stan Itzkowita and Laurel Development Company to vary from the Zoning Ordinance #179 on a portion of Tract 9X, Abstract 1606, to 50% maximum lot coverage instead of the required 30% maximum lot coverage. This property is located at the corner of Grapevine Highway and Edison Drive, directly across from Sanger Harris. Mr. Marven Gibson from California repre- sented Laurel Development Company in this request. He stated this property is zoned Local Retail and across the street (Grape- vine Hwy.) is Commercial. He said in Local Retail the lot coverage is 30% where Com- mercial allows 60% lot coverage. Mr. Gibson stated they only need 37% for RB Furniture, but since the other building is only specu- lation, they are asking for 50%. Mr. Gibson stated they could have asked for a zoning change, but felt this would be better. . Dr. Hahn stated he was worried about the 25 ft. drive. He asked Mr. Britton if it met the City requirements. Mr. Britton stated it does. He said Edison Drive will allow a traffic break, and Grapevine Highway will be widened and curb and guttered. Mr. Helton asked Mr. Britton if there was any other problems other than parking. Mr. Britton stated there wasn't. He said the Ordinance requires 30% lot coverage in Local Retail and 60% in Commercial. He said he told Mr. Gibson they had 2 choices- either request a zoning change or request a variance. Mr. Gibson showed pictures of the proposed RB Furniture Store. Dr. Hahn asked Mr. Britton if the parking spaces meet the City requirements. . Mr. Britton stated they did. ~ Page 5 B of A Minutes November 16, 1978 . Mr. Range asked Mr. Gibson where he got his information for the number of park- ing spaces needed. Mr. Britton stated it was on page 68 of the Zoning Ordinance: IIFurniture stores shall provide off-street parking at the ratio of one space for each 1000 sq. ft. of floor space. II Mr. Britton stated the furniture store meets the parking require- ments. The Chairman asked if there was anyone who wished to speak for or against this request. Mrs. Karen Allen, 4224 Ken Michael, asked if the streets were going to open up to Riviera. Mr. Britton stated there would be a liT II intersection of Riviera and Edison Drive. . Mrs. Allen asked if this business would be close enough to her property to cause a trash and litter problem, and if they would be a fence put up. Mr. Britton stated it can run up to 15 ft. of the utility easement. He said that as expensive as this land was, he did not feel this company would allow litter. He said they would not be required to put up a fence. Mrs. Allen stated they have a 5 ft. ease- ment . Mr. Britton stated there was also a 5 ft. easement on the other side, and the re- quirement- of 15 ft. from an easement would mean 20 ft. from your fence. Mr. Stephen Ponder, 4220 Ken Michael,asked to see the plans. Dr. Hahn asked Mr. Britton if the utility easement owned by Tesco could be leased for parking area. . Mr. Britton stated they could, but they would be required to put up a fence. He said Local Retail does not require a sight barring fence. ~ Page 6 B of A Minutes November 16, 1978 . Mr. Roseberry moved, seconded by Mr. Range, to approve BA 78-19 as requested. Motion carried 5-0. RECESS CALL TO ORDER The Chairman called a recess at 8:05 P.M. The Chairman called the meeting back to order at 8:38 P.M. OLD BUSINESS The Chairman asked Mrs. Williams to read the list she had been requested to make regarding problem topics of the Board. Mrs. Williams stated she read all the minutes of the Zoning Board of Adjustment meetings since she has been on the Board. She said this is the list she came up with: "l. Find out what happened to the letter sent to the City Council dated 10-20-77 regarding the Citizens not being aware of Ordinance #179. 2. The Ordinance regarding IExterior fire resistant construction. I 3. The Ordinance regarding 1150 ft. road frontage in AG zoning. I 4. The need to change AG zoning requirement from 2 acres to 1 acre. III . Mr. Range stated this list covers everything he had in mind. Mrs. Williams asked if the Board should request a meeting with the City Councilor just ask for the City Attorney's interpe- tation of these Ordinances. Mr. Britton stated he would like to explain the definitions of the Ordinances. Page 98 of the Zoning Ordinance definition of front yard: "An open, unoccupi ed space on a lot facing a street and extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main build- ing or any projection thereof other than the projection of the usual steps or eave over- hang." Then Mr. Britton stated on page 42, it states: liThe minimum width of the lot shall be one hundred and fifty (150) feet. . Mr. Britton stated that regarding the number of acres in AG-the State law requires 5 acres. He said he didn1t know how the City put 2 . . . Page 7 B of A Minutes November 16, 1978 ADJOURNMENT ~ acre requirement in their Ordinance. Dr. Hahn asked what are we going to do with lots that do not have the 150 ft. road frontage-are they to be unuseable and unsaleable. Mr. Britton stated that is why we have this Zoning Board of Adjustment. Mr. Roseberry stated the Board needs to know the intent òf the Ordinances. Mr. Range asked Mr. Britton for his in- terpation of "90% fire resistant. II Mr. Britton stated the Southern Building Code and the Uniform Building Code re- quires fire zones, but our City decided to have zoning requirements instead of going with the SBC or UBC. He stated lIexterior wall 1,1 means literally from inside to outside. He said you can build a wall 75% fire resistant with wood studs, but not the 90%. Mrs. Williams made the motion to take these problems and meet with the City Council and City Attorney to see if we can work out the intent of these Ordinances. This motion was seconded by Mr. Roseberry. Motion carried 5-0. The meeting adjourned at 9:25 P.M. /'