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HomeMy WebLinkAboutZBA 1977-05-19 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, MAY 19, 1977 CALL TO ORDER The regular meeting of the Board of Adjustments was called to order by the Chainnan, H. B. Helton at 7:28 P.M. PRESENT: CHAIRMAN SECRETARY H. B. Helton Dr. E. K. Hahn Jack Roseberry Jesse Range Jo Ann Williams ROLL CALL CITY STAFF: DIR. OF PUBLIC WORKS P & Z CLERK Ray H. Britton Barbara Sells CONSIDERATION OF THE MINUTES OF MARCH 18, 1977 Mr. Roseberry moved, seconded by Mr. Helton to _ approve the minutes as written. Motion carried 3-0. OATH OF OFFICE Mr. Jesse Range and Mrs. Jo Ann Williams were sworn in as new members. . NEW BUSINESS BA 77-4 TABLED Request of Weldon Snow to vary from the·zoning ordinance #179 on Tract 4, Abstract 1630 in A. G. Walker Survey. to continue use of a non- conformi'ng building. This request was tabled until the June 23 meeting because Mr. Snow was not in attendance. BA 77-5 APPROV ED Request of Clyde Conditt to vary from the zoning ordinance #179 from 20% depth of lot for back yard. This property is located at 6400 Heidelburg Court. 'Mr. Buddy Grantham represented Mr. Conditt. Mr. Grantham said he was Mr. Conditt's builder and he was not aware of the City's ordinance on the 20% depth for back yard until he applied for his build- ing permit. He said he had plenty of depth on both sides, but the dining area of the home was the problem. Mr. Grantham said he had spoken with Gene Riddle, City Manager, and the nearest they could determine the dining room was extending approximately 1 1/2 feet too far into the back yard. Mr. Range asked the square footage of this home, Mr. Grantham replied it would have 2163 square feet. Mr. Helton asked if this square footage was comparable . . . . ~ Page 2 ZBA Minutes May 19, 1977 BA 77-5 APPROVED to other homes in the area. Mr. Grantham replied yes, and several other homeowners had received variances of this nature due to the shape of the lots. Mr. Range asked Mr. Britton how the 20% depth of back yard was figured? Mr. Britton said the 20% depth for back was figured by using the diameter of the largest circle which can be drawn between the front and rear most lot line. Dr. Hahn asked if Mr. Conditt was going to install a fence? Mr. Grantham said yes, they were going to install a 6 foot stockade fence. Mr. Helton asked how much area are we talking about? Mr. Grantham replied 1 foot 9 inches. Mr. Britton added he had scaled this house on the recorded plat and it was approximately 2 feet 3 inches. OPPOSITION: -Mrs ~ 'John Horn ~ 'Jr ~ - - 4309 Jester Court Mrs. Horn stated she owned the property abutting this property to the rear. Mrs. Horn said the back part of her home was very open and the homes were close enough already. She said there was a deed restriction in this area of 2,000 square feet, and the homes were not tract homes but custom homes and by granting this variance her property would lose from the point of privacy and property devaluation. She said the Conditt's patio would be closer to her home than the portion of house in question. Mrs. Horn said it was her understanding Mr. Conditt had seen this floor plan built and talked with a builder who told him it would be impossible to put this house on this particular lot. Mrs. Horn said she was ask- ing the City only to enforce their zoning ordinance. Mr. Grantham said he was the only builder Mr. Conditt had spoken with and secondly they would guarantee the installation of a 6 foot stockade fence. Mrs. Horn said the fact that Mr. Conditt had spoken with another builder was IIhearsay" but it was her understanding he had purchased this lot fully in- tending to build this floor plan on it. Mr. Roseberry asked Mrs. Horn if she could tell the difference between 28 or 30 feet or 30 or 32 feet? He said this would be impossible for him to determine. Mr. Britton said we are not talking about more than 2 feet 3 inches. Mr. Britton said this will be checked when Mr. Grantham applies for his building permit. ~ . Page 3 ZBA Minutes May 19, 1977 BA 77-5 APPROVED David R. Haas - 4301 Jester Court I built a home in this area to get away from tract homes. I would like to see this house staked out on the lot. I know it is hard to place a house on a cul-de-sac because I built one, but I had to make some changes. Perhaps Mr. Conditt could consider other house plans. Mr. Haas stated the way the Horn's home is located, they will lose all their privacy when Mr. Conditt builds his house. Mr. Grantham stated a lot of the problem lies with the elevation of this lot. This lot is about 3 1/2 feet higher than the Horn's lot, but we are going to install a 6 foot stockade privacy fence because Mr. Conditt will be facing the same problem as Mrs. Horn. John Horn - 4309 Jester Court Mr. Horn asked what guarantee they would have that the house would be built back only an additional 2 feet? Dr. Hahn said the Board would make this part of the variance. Mr. Britton stated if this variance was granted the City's Building Inspector would measure the foundation to be sure it was located in the proper location. . Mr. Range stated the closer a house is placed to the property line the less view you have of a neighbors house. Mrs. Horn said if you will send your inspector out, you will be able to see that the Conditts will be looking directly into our dining area. Mrs. Don Whitten - 6405 Diamond Loch I am opposed to the granting of this variance. After much discussion between Mr. Grantham, Mr. and Mrs. Horn, Mr. Conditt and Board Members, Mr. Roseberry moved, seconded by Jesse Range, to approve BA 77-5 with the stipulation that the house not be placed closer than 14 1/2 feet from the property line. Motion carried 5-0. BA 77-6 DENIED Request of Sterling Steves to vary from the zoning ordinance #179 on Tract 13F, Abstract 1606 in the W. W. Wallace Survey, and Block 22, Lot B of Clearview Addition. This request is for a variance from the average 750 square feet per unit building to 553.4 square feet per unit, Article XVIII, Section III -9 of the zoning ordinance. This property is located at 121 and Birchwood Drive and east of the shopping center at 121 and Davis Blvd. . MR. JACK ROSEBERRY LEFT THE BOARD AND JOINED THE ~ . Page 4 ZBA Minutes May 19, 1977 BA 77-6 DENIED AUDIENCE DUE TO THE FACT THAT HE OWNED PROPERTY WITHIN 200 FEET OF SAID PROPERTY . Mr. Sterling Steves and Jerry Davis presented BA 77-6 jointly. Mr. Steves said he had decided to build an apartment complex rather than a com- mercial strip because he felt it would be much better for the city. Mr. Davis stated he had built over 4,000 apartments using this very at- tractive, unusual design in Arlington, Ft. Worth and other cities. He said he had built a complex very similiar to this on Vickery in Ft. Worth about 4 years ago. He said he had also built a 76 unit complex near Carswell, another near the south campus of Tarrant County Jr. College, and another 112 units in Arlington. We have proposed plans for another apartment complex in Bonham. Mr. Davis stated these apartments were rented within one month after open- ing and stayed 100% occupied. Mr. Steves stated all these apartments would be rent- ed furnished because we build in as much furniture as possible, such as, chest-of-drawers, night stands and some tables, and the other furniture is scaled down to fit the individual apartment. These apartments are designed for single young adults, and young married couples just starting out. This is not a low rental, our apartments rent for about .37 cents a square foot. Mr. Steves said the apartments would be 100% brick with some stucco trim, have flat roofs and would be built to FHA standards. Mr. Helton asked if the building plans had been approv- ed? Mr. Britton replied no, because they did not meet the minimum square footage ordinance. . Mr. Helton asked Mr. Davis if he was aware of the ordinance on square footage when he designed these apartments. He said yes. Mr. Helton asked if he had the proper amount of parking? Mr. Davis said they were in compliance with all city ordinances with this one exception. Mr. Steves said the mortgage companies do not like to lend monies on large apartment complexes, due to the large increase in the cost of building. He said smaller square footage apartments tend to better utilize energy. Mr. Range said young couples tend to have families, then what? Mr. Davis said children are allowed to live in the apartments only until walking age, then the couple would be asked to move. . Page 5 ZBA Minutes May 19, 1977 BA 77-6 DENIED . . ~ Mr. Range asked what is the average turn over in your apartments? Mr. Davis said it was approximately 7 months, but the national average is only 6 months. Mrs, Williams noted the efficiency apartments were extremely small, containing only 417.4 square feet. What if more than one person occupied an efficiency apartment? Mr. Davis said their lease specified only one person and if another person moved in, the person leasing the apartment would have 3 days to vacate the premises. Dr. Hahn asked how many units do you plan to build? Mr. Davis replied 80 units. Mr. Range asked how many units would you have if you had to comply with the City·s ordinance? Mr. Davis replied approximately 70 units. Mr. Steves said each apartment would be individually heated and cooled. Each apartment would have its own private entrance and an enclosed patio area, creating a residential atmosphere rather than an apartment look. Mr. Steves said this was very im- portant because over 60% of Americans could not afford to buy a home. Mr. Davis said only Hurst and the City of North Richland Hills still had an ordinance controlling the square footage of apartments. All the larger cities such as Dallas and Fort Worth had abandoned this ordinance. Dr. Hahn asked Mr. Britton if Richlieu Apartments were in compliance on the square footage of their apartments? Mr. Britton said he was not familiar with the square footage of these apartments since they were built before he was employed with the City. Mr. Steves said he used to own Richlieu Apartments and the average square footage was approximately 600 square feet per unit. Mrs. Williams asked how often the furniture in these apartments had to be replaced? Mr. Davis said it depended, but it did not require replacement any sooner than any other apartment. Mr. Range said the construction of this apartment complex would increase the traffic flow in this area. Mr. Steves said this is true, but these apartments will front on 121 which is a major highway. " . OPPOS ITION: "Maragét'Valés'~'8001 Láura Street Ms. Vales asked if these apartments would be low . Page 6 ZBA Minutes May 19, 1977 BA 77-6 DENIED ~"Mr . Range moved BA 77-7 APPROVED . . ~ rental apartments? Mr. Steves said definitely not, a one bedroom would rent for about $195.00 and a two bedroom would rent for about $167.00 a month. Dr. Hahn said this was comparable to other apart- ments in the area. MR. HELTON CALLED A 15 MINUTE RECESS. MR. HELTON REOPENED THE MEETING AT 9:04 P.M. Mr. Range said he could understand varying the square footage to some degree, but not to reduce the square foota ge by 1/3. After much discussion between the Board, Mr. Davis and Mr. Steves,*Mr. Roseberry moved, seconded by Mrs. Williams to deny BA 77-6. Motion carried 5-0. Request of Louise Webster to vary from the zoning ordinance #179 on Lot 8, Block 4, Stonybrooke Addition. This variance is to install a 6 foot stockade fence. This property is located at 7316 Meadowbrook. 'Mr. Marshall Webster, owner of the property presented this request. Mr. Webster said they were asking for this variance because if they had to build their fence on their building line, they would lose a large portion of their back yard. Also the fence would be located only 2 feet away from their patio. Mr. Helton asked if this fence would obstruct the view from the street? Mr. Britton said the lot next to this property was vacant and he did not feel the fence would cause a safety hazard because this is a very low traffic area. Mr. Range said we must consider the future owner of lot 9, I would not like a fence abutting my front yard. Mr. Roseberry asked Mr. Webster if he could not curve this fence, so that it would not be so near their patio. Mr. Webster said if he did, he felt this would hurt the resale value of his home. FOR: Edwin A. Jenkins - 8609 Rockdale Court Mr. Jenkins stated he was in favor of granting this variance because the Webster's back yard would be extremely small if they had to place their fence on the building line. , . SáJi1' P ~ 'Dav; s, ' Jr. - 7308 Meadowbrook Drive Mr~ Davis said he felt if the fence was curved it would ~ . Page 7 ZBA Mtnutes May 19, 1977 BA 77-7 APPROVED effect the resale value of this property. Mr. Davis said the Websters had three children and needed the fence for the protection of their children. Woodrow M. Tyson - 8605 Brookridge Drive I have no objections to this variance. -Ted 'Browning I have no objections to this variance. BA 77-8 APPROVED Mr. Roseberry moved, seconded by Dr. Hahn to grant BA 77-7 as requested. Motion carried 5-0. Request of Michael Compton to vary from the zoning ordinance on Article XXIII, Section 111-3, Accessory Building property lines. This property is located at 7024 Marilyn Drive. . Mr. 'Michael Compton, owner of the property presented this request. Mr. Compton said they were requesting this variance in order to construct a free standing greenhouse. He said this was the only place in their yard the greenhouse could be placed because of the location of a large tree. Mr. Compton said when they applied for their building permit, they were informed the greenhouse had to be 15 feet from the main structure and 8 feet from the rear property line due to the easement; therefore, it was impossible to construct the greenhouse. Mr. Helton asked what the greenhouse would be built of? Mr. Compton said it would have a fiber glass roof and the sides would be made of acrylic. Mr. Range asked if the greenhouse would be heated? Mr. Compton replied yes. Dr. Hahn asked if the fire department would have access to this area in case of" fire. Mr. Britton said this would not be a problem because of the large side yards. After discussion by the Board, Dr. Hahn moved, seconded by Mr. Range to grant BA 77-7 as requested. Motion carried 5-0. BA 77-9 DENIED Request of Donna Jean Smith to vary from the zoning ordinance, Article VI, Commercial and Services Uses (Billboards & Advertising signs) on Tract 2B6, Abstract 1606 of W. W. Wallace Survey. This request is to install a sign in local retail zoning. This property is located at the northeast corner of Rufe Snow Drive and 820 Access Road. . BA 77-10 DENIED Request of Donna Jean Smith to vary from the zoning ordinance. Article VI, Commercial and Services Uses (Billboards & Advertising signs) on Block 2, Snow ~ . Page 8 ZBA Minutes May 19, 1977 BA 77-10 DENIED Heights North Addition. This request is to install a Billboard sign in local retail zoning. This pro- perty is located at 820 Access Road, contigious to Tract 286, Abstract 1606, W. W. Wallace Survey. BA 77-11 DENIED Request of Donna Jean Smith to vary from the zoning ordinance, Article VI, Commercial and Services Uses (Billboards & Advertising signs) on Tract 2B4, Abstract 1606, W. W. Wallace Survey. This request is to in- stall a Billboard sign in local retail zoning. This property is at 820 Access Road between Holiday Lane and Rufe Snow Drive approximately 75 feet west of Reynolds Road. . Mr. Paul Revere represented Mrs. Donna Smith, and asked that they be allowed to present BA 77-9, BA 77-10, and BA 77-11 jointly. Mr. Revere, an employee of 3 M National Advertising Company said his job was securing locations, permits, etc. for outdoor billboard signs. Mr. Revere said he spoke with a lady at the City Hall in September of 1976 and explained to her what he intended to do. He said he was told he would need to have a state permit as well as a city permit. He said he contacted the pro- perty owner and obtained a lease agreement, then ob- tained his permits both from the state and city. Then his electrician came in for his electricial permit and it was denied because the sign was to be located in Local Retail rather than Commercial Zoning. Mr. Revere said he was contacted by Mr. Britton and was told two sign permits were being revoked by the City because they had been issued in error. Mr. Britton said the sign permit advertising the sale of new homes had not been revoked. The problem at~se when the other side of the sign was used for com- mercial advertising as well. Mr. Britton said the permit stated the sign could only be used for ad- vertising the sale of property. Mr. Revere said it had been an administrative error on the part of his company when both sides of the sign were being utilized. This problem was corrected by removing the advertise- ment on one side of the sign. Mr. Revere said due to the expense of the signs, they needed to be able to utilize both sides. He stated this land is raw, undeveloped land and he felt it would be better to ask for a variance rather than to ask for the land to be rezoned commercial. . Mr. Revere said there was clause in the lease that said if the land was sold or developed, we would have 30 days in which to remove our signs. ~ . Page 9 ZBA Minutes May 19, 1977 BA 77-9 BA 77-10 BA 77-11 DENIED Mr. Helton stated there would not be any problem if this land was zoned commercial. Mr. Britton said that is correct, but it is clearly stated in the zoning ordinance that Billboards and Advertis- ing signs can be erected only in commercial zoning. Mr. Range asked what type of advertising? Mr. Revere said he could not answer exactly what the signs would advertise, but it would in no way be offensive. My company has a public image to maintain, we would not advertise beer, cigarettes, liquor, abortion, massage palors or anything of that nature. Mrs. Smith said there was a clause in her lease that stated she must approve the advertising, and since part of this land is owned by the Mormon Church, there would be no offensive advertising of any kind. Mr. Range said he felt the type of advertisement was important, but this request is in violation of the City's zoning ordinance. BA 77-12 APPROVED OPPOSITION: Mrs. Karold Cato Mrs. Cato stated she did not feel the citizens of North Richland Hills want billboard advertising. She stated she presented a petition to the City Council on June 14, 1976 signed by 150 persons ob- jecting to a very offensive billboard advertisement at the corner of Corona and Rufe Snow. She stated this billboard was in commercial zoning, but very offensive, and after the petition was submitted the advertisement was changed. Mr. Range moved, seconded by Mrs. Williams to deny BA 77-9, BA 77-10, and BA 77-11. Motion carried 4-0 with Dr. Hahn abstaining. Request of Darryl W. Cason to vary from the zoning ordinance #179 on Lot 1, Block 23, Snow Heights Addition. This request is to install a fence out- side the building line. This property is located at 6724 Corona Drive. . . Mr~ Darryl Cason, owner of the property, presented this request. Mr. Cason said he wished to install a privacy fence because he lived on a corner and children continually cut across their yard. He said if they had to remain with their building lines, they would lose much of their back yard and they wished to landscape their entire yard. Mr. Range asked if this would cause a traffic hazard? Mr. Britton said it would not in his opinion. . Page 10 ZBA Minutes May 19, 1977 BA 77-12 APPROVED BA 77-13 APPROVED . . ~ FOR: Thómås'K~ 'Campbell - 4909 Katherine Drive I have no objections. J. Wesley'Childress - 6732 Corona Drive I have no objections. Dr. Hahn moved, seconded by Mr. Range to approve BA 77-12 as requested. Motion carried 5-0. Request of Cambridge Companies Development Corp. to vary from zoning ordinance on minimum lot size and number of off street parking spaces. This property is located at Watauga Road and Chapman Road at Rufe Snow Drive, east 1450 feet, north 1880 feet, west 1098 feet, north 750 feet and west 685 feet. Mr. William Parsons, vice president of Cambridqe Companies 'Development Corporation presented this request. Mr. Parsons said Cambridge Companies Develop- ment Corporation is the potential buyer of this pro- perty contingent on the granting of this variance and the change in zoning. Mr. Parsons stated that Fox and Jacobs is ready to start developing this area as soon as the above changes can be made. He stated they will dedicate a large park to the City out of this land. Mr. Parsons said the reason they were asking to rezone the entire tract of land was to pro- tect the future home owners in this area. This pro- perty is presently zoned local retail, multiple family, and 2F-9. Mr. Parsons said this tract of land abutts IF-7 zoning and the minimum lot size in this zoning is 7,200 square feet. Mr. Parsons said their lot size is 7,883, but many of their lots have over 8,000 square feet. He stated he was speaking of approximately 226 lots. In addition to varying from the lot size he said they were asking for 3 off street parking spaces, instead of four. He said the homes would have single car garages with a double car driveway in front. Mr. Britton said the area that Fox and Jacobs is presently developing is zoned 1F-7, but as a courtesy to the City they were putting in the double car drive- ways. Mr. Britton said that Fox and Jacobs are now building 3 floor plans, with 5 outside elevations and the houses range in size from 1259 to 1404 square feet. Mr. Britton added that Fox and Jacobs has worked with the City in all phases of their present development. Mr. Roseberry asked the size of the street? Mr. Britton replied it would be 31 feet from curb to curb. Mr. Roseberry asked would there be room to park cars on both sides of the street. Mr. Britton replies no. ~ . Page 11 ZBA Minutes May 19, 1977 BA 77-13 APPROVED Mr. Range asked how many lots would you lose if you had to comply to the City's ordinance? Mr. Parsons said we would not develop this area if we were forced to comply. Mr. Parsons said we feel we would be upgrading the existing part of North Park Estates because the homes we would be building would be larger and on larger lots. . Dr. Hahn said there appeared to be a minimum of in- gress and egress for such a large area. Mr. Parsons and Mr. Britton both stated they did not think this would be a problem. Mr. Roseberry said he felt they needed at least one additional outlet. Mr. Britton said this was some- thing that could be worked out at a later date. Dr. Hahn said he felt this would be a substantial upgrading for the entire housing project. Mr. Roseberry noted that Fox and Jacobs were selling new homes for the same price as some existing homes in the older part of North Park Estates were selling for. Mr. Parsons said Fox and Jacobs take great care in the building of their homes due to the large volume of homes they build. Mr. Roseberry moved, seconded by Dr. Hahn to approve BA 77-13 as requested subject to the Planning and Zoning Commission's decision on the rezoning and the platting of this property. Motion carried 4-1, with Mr. Range voting in opposition. OLD BUSINESS ADJOURNMENT NONE The meeting adjourned at 11:10 P.M. CHAIRMAN, P ~ ,.'~ ~~- 6~e:~ / d¿ SECRETARY, PLANNING AND ZONING COMMISSION .