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HomeMy WebLinkAboutZBA 1976-10-21 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THURSDAY, OCTOBER 21, 1976 CALL TO ORDER The regular meeting of the Board of Adjustment was called to order by the Chairman, H. B. Helton at 7:30 P.M. ROLL CALL PRESENT: CHAIRMAN VICE CHAIRMAN SECRETARY H. B. Helton L. A. Trotter Dr. E. K. Hahn Jack Roseberry Jay Jones ABSENT: CITY STAFF: DIR. OF PLANNING Ray H. Britton CLERK Pauline Spain CONSIDERATION OF THE MINUTES OF SEPTEMBER 16, 1976 Mr. Trotter moved, seconded by Dr. Hahn to approve the minutes as written. Motion carried 3-0, Mr. Roseberry abstaining as he was not present at the September meeting. . NEW BUSINESS BA 76-14 Request of Oscar C. Deaton to vary from the zoning ordinance #179 on Tract 11, Abstract 1210, Thomas Peck Survey to use a non conforming structure in a commercial zone. This property is located at the intersection of Davis Blvd. and Shady Grove Road. . Mr. Lyndon Simpson of Godby, Simpson & Lynch represented Mr. Deaton. Mr. Simpson stated Mr. Deaton purchased this property in 1973 using it as a real estate office, later adding his plumbing business. They discontinued using the building for business purposes August 7, 1975. It is used for storage at this time. They had an opportunity to lease the building but found out that the building did not meet the zoning requirements; therefore could not use it. The building is 30 feet square with red abestos siding. My associate, Mr. Godby, came in and found that the City of North Richland Hills uses the Southern Standard Building Code, minimizing fire hazards. After viewing this property, the nearest residential property is 1/4 mile. It is rural to the city at this time. It is not feasable at this time for Mr. Deaton to replace this building; however he would like to receive revenue from it ~ . Page 2 Board of Adj. Minutes September 21, 1976 BA 76-14 (Cont'd) and it would also be beneficial to the city for it to be in use. Vandals have done damage to the pro- perty; it would be good for the city if it could be used and not become an "eye sorell. Dr. Hahn asked the location of the nearest fire hydrant. Mr. Britton stated he thought it would be Rumfield Road and Davis Blvd. Mr. Helton asked if Mr. Deaton wanted a permanent variance or a time limit. ~r. Simpson stated Mr. Deaton would like a permanent variance but might settle for time limit. Mr. Helton asked the condition of the building. Mr. Britton explained it was a frame building with asbestos siding. The building is average for the age and type of construction. Mr. Helton asked if the building was permanent. Mr. Britton said it was a pier and beam construction. Mr. Deaton stated the building had been moved to its present location. Mrs. Deaton said the inside has carpet, paneling, kitchen and restroom. Dr. Hahn asked about the septic tank. Mr. Britton stated the septic tank was adequate for the size of the building. Mr. Roseberry asked if Mr. Deaton wanted to leave as commercial or use as local retail. Mr. Simpson said more as local retail. Mr. Helton asked if there were other problems than the structure of the building. Mr. Britton answered by reading the zoning ordinance requirements for commercial zoning. Mr. Roseberry stated he felt the building could be used if it was restricted to local retail. Commer- cial zoning is unlimited where local retail is more restricted. Dr. Hahn stated "It does not bother me for limited use but unfortunately for unlimited use, it does bother me. We are gathering more probl ems for farther down the 1 inel'. Mr. Simpson stated we would be satisfied if we could get a time variance. Mrs. Deaton stated "We are particular who we get in there. We don't want just anyone. We have to pay for that building". After much discussion Mr. Helton asked for a motion. . . Mr. Roseberry moved to grant this request for four years not to exceed local retail useage. Dr. Hahn stated it wouldn't bother him if the Deaton's were going to use it. Mr. Trotter asked if Mr. Deaton would be willing ~ . Pa ge 3 Board of Adj. Minutes September 21, 1976 BA 76-14 . to use it for himself or do you want to lease it. Jack Roseberry withdrew his motion due to no second. The commission members discussed Article XXVI of the zoning ordinance about bringing the building into conforming use after the discontinued use for six months. Mr. Simpson said, IIMaybe I could comment, six or twelve months is usually used as an enforcement tool to get rid of some- thing the city does not want. If we were in the middle of town you would have to sock it to Us". Dr. Hahn asked Mr. Britton if he could control the use of the building by a certificate of occupancy. Mr. Britton explained the only way we have of knowing when a new occupant moves in is through Texas -Electric Company. They will not install a meter until we inspect the building. Mr. Helton asked for a new motion. . Jack Roseberry made a motion to grant this request for a period of four .years and not to exceed local retail useage. The motion was seconded by Dr. Hahn and carried 4-0. Mr. Helton thanked Mr. Deaton for coming out and stated he was sorry it took so long but the board wanted to be sure not to cause more serious problems in the future. OLD BUSINESS ADJOURNMENT None The meeting adjourned at 9:00 P.M. C~'Æ~T .