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HomeMy WebLinkAboutZBA 1977-11-17 Minutes .~ . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, NOVEMBER 17, 1977 CALL TO ORDER The regular meeting of the Zoning Board of Adjustment was called to order by the . Chairman, H.B. Helton, at 7:35 P.M. ROLL CALL PRESENT: H.B. Helton Jack Roseberry Dr. E.K. Hahn Jesse Range ABSENT: CITY STAFF: DIRECTOR OF P.W. CLERK Jo Ann Williams Ray H. Britton Wanda Calvert CONSIDERATION OF THE MINUTES OF OCTOBER 20, 1977 Jesse Range moved, seconded by Dr. Hahn to approve the minutes as read. Motion carried 4-0. BA 77-26 APPROVED Request of Gene Williams to vary from the Zoning Ordinance #179 on Lot 2, Block 5, Fossil Creek Trails Addition, from 30 toot building line. This property is located at 6528 Riviera. . BA 77-27 APPROVED Request of Gene Williams to vary from the Zoning Ordinance #179 on Lot 3, Block 5, Fossil Creek Trails Addition, 'from 30 foot building line. This property is located at 6524 Riviera. . Mr. Gene Williams stated that the reason for the errors on these two houses was they had always operated 9 feet 5 inches from the curb. We did not realize that on this particular street the building line is 11 feet 5 inches from the curb. Mr. Helton asked Mr. Britton how this happened. Mr. Britton stated that evidently the Contractors did not find the pins and put up a string line. Mr. Britton stated that lots of times the pins have been pulled up and the Contractor or workers will put them back instead of telling someone. They would not know the exact place to put them. Mr. Britton stated he had driven by these houses and that the 2 feet off doesn1t show. Mr. Range asked if this was a 30 foot building line. ~ Page 2 B of A Minutes November 17, 1977 . Mr. Williams stated it was. Mr. Range said that 2 feet off 30 feet would not look as bad as 2 feet off 25 feet. He said he called Mr. Gene Riddle and asked if he had driven by these houses. Mr. Riddle said he had and that the houses were not noticeable. Mr. Williams stated that the other houses he is building on that street are correct. Mr. Helton asked if there was anyone in the audience who wished to speak for or against these requests. Mr. Range moved, seconded by Dr. Hahn to approve SA 77-26 & SA 77-27. Motion carried 4-0. BA 77-28 APPROVED Request of Fox & Jacobs to vary from the Zoning Ordinance #179 on Lot 9, Block 15, North Park Estates, from the 6 foot side yard requirement. This property is located at 7200 Lancashire Drive. SA 77-29 APPROVED Request of Fox & Jacobs to vary from the Zoning Ordinance #179 on Lot 10, Block 15, North Park Estates, from the 6 foot side yard requirement. This property is located at 7204 Lancashire Drive. . BA 77-30 APPROVED Request of Fox & Jacobs to vary from the Zoning Ordinance #179 on Lot 11, Block 15, North Park Estates, from the 6 foot side yard requirement. This property is located at 7208 Lancashire Drive. . Mr. David Phillips with Fox & Jacobs stated that the errors made on these 3 houses was approximately 1~ feet too near the side yard line. This was an error made by the contractors. They were measuring from the back using an imaginary line to the front. The back is worse than the front. Mr. Britton asked if this was the ones that he had talked with him about that had the pins knocked down. Mr. Phillips stated that he wasn1t sure. He said that the concrete man called him and stated that an error had been made. Mr. Phillips stated that he went to look at the houses, but looked at the wrong ones. He measured and they were ok. He stated that this was an error on his part. He said when they started to sell them, is when he found out about the error. Mr. Britton read from the plans of these houses the amount of space between the houses. . . . ~ Page 3 B of A Minutes November 17, 1977 Mr. Range asked if this error could be corrected. Mr. Britton stated that the only way it could be corrected was to purchase 18 inches from the property owner to the side and replat the lots. Mr. Roseberry stated that it looked to him like there was enough room between the houses. Mr. Britton stated that the reason for the 6 foot side yard requirements, was for air, light, and safety. Mr. Roseberry stated it looked like an advantgage to him to have a larger side yard on one side than the other so you could drive down the side of the house to the back yard to park boats, trailers, & etc. Dr. Hahn asked what benefit it would be to replat. Mr. Britton stated that the only reason was to make it comply with the ordinance. He also stated that if it were replatted, it would make the lots'too small for the lot width requirement. Mr. Phillips stated that if it is replatted, they would have to move the easement. Mr. Roseberry asked if all the utilities were underground. Mr. Phillips said the electrical was not. He said that the utility pole was on the line. Mr. Roseberry stated that it sure would be hard to move a house. Mr. Helton asked if there was anyone who wished to speak for or against these requests. Mr. Leslie Reese, living at 7128 Lancashire Drive, said his home joined the one at 7200 Lancashire Drive. He said he had a fence company come out August 1 to put him up a 6 foot stockade fence. They set the poles. Mr. Reese stated that on his plat it reads that he has a 7 foot side yard. The cement contractor for Fox & Jacobs came over and said that Mr. Reese only had a 6 foot side yard. He said that it was give or take 6 feet. But Mr. Reese said that his plat read 7 feet and that is what he should have. He said the cement contractor called the supervisor, and the supervisor said they would leave Mr. Reese1s property the way it was and would bargain with the new property owners. Mr. Reese also stated that it would be hard to get a 3 foot gate and 3 slats of fence in the area ~ Page 4 B of A Minutes November 17, 1977 . between his fence and the other house. Mr. Reese said something could have been done before the house was built. He said that when he was putting up his fence, they were starting the foundation on the house next door. Dr. Hahn stated that Mr. Reese should deal with Fox & Jacobs about his problem instead of the Board of Adjustment. Mr. Phillips stated he was the supervisor for Fox & Jacobs when these errors were made. Mr. Britton asked if Mr. Reese had called him when this happened. He stated that he had. Mr. Phillips said that when he was told that an error had been made, he went to #216 instead of #206. He said he measured the wrong house. He said that Fox & Jacobs wants to have their customers pleased, so he will try to work with Mr. Reese anyway he can to make him happy. Mr. Reese said they could pay him for what his property is worth. Mr. Phillips stated they might try to put up a fence to hide the problem. Mr. Roseberry said that he feels that Mr. Reese has an advantgage over the other property owners because he could drive down one side of his property to the back yard. Mr. Reese stated there was not room to drive down the side. He said he had a Mustang and he couldn1t get it down the side. Mr. Roseberry said there must be some mistake in the figures then. Mr. Delbert Gabaldon, a neighbor across the street, stated that these mistakes that Fox & Jacobs are making is embarrassing to the neighbors. He said that one of the houses across the street from him was crooked. He said it was approximately 5 degrees off. Mr. Phillips said he would make a note of this. He said that one of these houses is already sold. The others are pending this variance. Mr. Helton asked Mr. Britton if there is a problem with safety. Mr. Britton stated that he didn1t think so. He said that #206 was the one that really stands out. Mr. Phillips stated that the reason #206 stands out more was because the utility pole is located on the property line. Dr. Hahn stated that if you put up a fence, it would sure make the small side look terrible. . . ~ Page 5 B of A Minutes November 17, 1977 . Mr. Range stated that if the Board didn1t grant the variances, Fox & Jacobs would have some unsellable houses. Mr. Reese stated he didn1t want that to happen. Mr. Gabaldon asked what the tolerance was between houses in North Richland Hills. Mr. Britton stated there was no tolerance. Mr. Gabaldon said that there were several houses in this area that he thinks are wrong. Mr. Phillips stated that when they finish a house, the surveyor comes out and makes sure the pins are right. Mr. Britton stated that he was not going to make any excuses for his staff, but that the City is now requiring that the builders put up a string line. He said that lots of times the property pins will be pulled up. Mr. Range stated that the problem was that the lots are too small for the size houses. Mr. Range moved, seconded.. by Mr. Roseberry to approve BA 77-28, BA 77-29, & BA 77-30. Motion carried 4-0. ADJOURNMENT Mr. Range moved, seconded by Dr. Hahn to adjourn at 8:37 P.M. Motion carried 4-0. . .