HomeMy WebLinkAboutZBA 1977-01-20 Minutes
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CALL TO ORDER
ROLL CALL
CONSIDERATION OF THE MINUTES
OF DECEMBER 16, 1976
BA 77-1
APPROVED
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AGENDA FOR THE REGULAR MEETING OF THE
ZONING BOARD OF ADJUSTMENT OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS
JANUARY 20, 1977
The regular meeting of the Board of Adjustment
was called to order by the Chairman, H. B. Helton
at 7:30 P.M.
PRESENT:
CHAIRMAN
VICE CHAIRMAN
SECRETARY
H. B. Helton
L. A. Trotter
Dr. E. K. Hahn
Jack Roseberry
ABSENT: Jay Jones
CITY STAFF:
DIR. OF PUBLIC WORKS Ray H. Britton
CLERK Barbara Sells
L. A. Trotter moved, seconded by Jack Roseberry
to approve the minutes as written. Motion carried
4-0.
Request of Jerry D. Sides to vary from the zoning
ordinance #179 on Lot 15, Block 23, in North Rich-
land Hills Addition to install a six foot stockade
fence on the property line.
Mr. Sides presented this request. He stated he
would like to place his fence twenty-five feet
from the curb, instead of on his building line.
He said he wanted to enclose as much of his back
yard as possible and enclose the bath room window
on the side of the house as he works nights. Mr.
Britton asked if the fence would be placed twenty
feet or twenty-five feet from the curb. Mr. Sides
replied twenty-five feet instead of the twenty feet
as shown on the plat.
D. M. Carter - 4721 Catalina Court
Mr. Carter, who lives behind Mr. Sides, spoke in
favor of Mr. Sides· request.
Ozel T. Ascue - 7305 Winnell Way
Mr. Ascue asked if the purpose of the fence was for
privacy or for selling, repairing or commercial use.
Mr. Sides stated it was strictly for privacy as he
planned to put in a pool and a tennis court at a
later time. Mr. Ascue said he had heard a lot of
noise and did not want this property used as a bus-
iness. Mr. Britton explained to Mr. Ascue that you
could not operate a business in a residential neigh-
borhood, and asked Mr. Ascue to notify him if any
business was being conducted.
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Page 2
ZBA Minutes
January 20, 1977 .
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BA 77-1
APPROVED
Paul Kutilek - 7320 Riviera Drive
Mr. Kutilek arrived late, stating he had been
unable to find the room in which the meeting
was being held. Mr. Helton reviewed the earlier
part of the meeting for Mr. Kutilek. Mr. Kutilek
asked Mr. Britton to explain ordinance #179. Mr.
Britton explained the ordinance to Mr. Kutilek.
Mr. Trotter moved, seconded by Mr. Roseberry to
grant a variance on BA 77-1 to allow the fence to
be placed twenty-five feet from the curb. Motion
carried 4-0 with all voting for.
Request of Bill Butterfield to vary from the zon-
ing ordinance #179 on Lot 13, Block 18, in North
Hills Addition for a private stable in a single
family residence on the property line.
Mr. Butterfield presented this request.
Mr. Helton, Chairman, stated he was not clear on
this request. Mr. Britton then recapped the sit-
uation, stating the problem began in May of 1976.
At that time Mr. Butterfield was of the opinion his
fence and building were on the property line. Mr.
Britton said Mr. Butterfield has a deep lot that
backs up to Fossil Creek Park. Mr. Butterfield asked
for a thirty day extension to move his horses one
hundred feet from the nearest residence by moving
his cross fence further back. Then the problem
arose whether the structure was an accessory build-
ing or private stable. Mr. Helton asked how this
came to the city's attention. Mr. Britton explain-
ed the city inspector was checking another complaint
when he noticed the horses. Mr. Britton stated on
further investigation the fence and structure were
actually 13 inches within Mr. Butterfield's property.
Mr. Butterfield said the horses are legal, it is
the structure that is in question.
BA 77-2
APPROVED
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Mr. Britton stated the structure is the problem,
secondly is it a private stable? A private stable
can not be within one hundred feet of any property
line.
Dr. Hahn said an accessory building can not be used
as a private stable. There was discussion among the
board about the definition of a private stable and an
accessory building.
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Mr. Trotter asked Mr. Butterfield the size of the
structure. Mr. Butterfield replied it was approx-
imately 24' x 8'.
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Page 3
ZBA Minutes
January 20, 1977
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BA 77-2
APPROVED
Mr. Roseberry asked if there had been any com-
plaints? Mr. Britton said only one concerning
the horses being within one hundred feet of a
residence. This problem was solved by moving
the cross fence further back.
Mr. Helton ask Mr. Britton if the horses were
legal. Mr. Britton replied, yes.
Mr. Butterfield said the two horses were for
pleasure purposes only.
Mr. Roseberry asked if there was a limit on the
number of horses in a private stable. Mr. Britton
checked the zoning ordinance and stated the number
of horses was four.
Mr. Butterfield said his yard was enclosed by a
6 1/2 foot stockade fence and neither the horses
nor the structure could be seen from the street
due to the slope of his back yard. He stated the
structure was well ventilated and there was no
odor. Mr. Butterfield stated he did not wish to
stable the horses in the structure, he only wanted
them to be able to feed in the structure.
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Dr. Hahn said the problem is the structure is too
close to the property line and is it a private
stable or an accessory building?
Mr. Roseberry asked the type of construction of the
building. Mr. Butterfield said it was made of wood,
painted sandalwood and had a dirt floor.
Mr. Trotter asked if the roof of the structure was
visible from the street, Mr. Butterfield said no,
due to the slope of his back yard.
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Dr. Hahn asked what constituted an accessory building?
Mr. Britton explained this and added most accessory
buildings do have dirt floors.
Mrs. Kriss James Putman - 3704 Wendell Drive
Mrs. Putman, who lives next door, spoke in favor
of Mr. Butterfield1s request.
Dr. Hahn moved, seconded by Mr. Trotter that the
structure be an accessory building, a variance be
granted on the three foot property line and the
horses have ingress and egress to the accessory
building for feeding purposes, but not for stabling.
OLD BUSINESS
NONE
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Page 4
ZBA Minutes
Janua ry 20, 1977
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ADJOURNMENT
The meeting adjourned at 8:25 P.M.
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CHAIRMAN, ZONING RD OF ADJUSTMENT
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SECRETARY, ONING BOARD OF ADJUSTMENT
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