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HomeMy WebLinkAboutZBA 1976-12-16 Minutes . CALL TO ORDER ROLL CALL CONSIDERATION OF THE MINUTES OF OCTOBER 21, 1976 . NEW BUSINESS BA 76-16 APPROVED . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THURSDAY, DECEMBER 16, 1976 The regular meeting of the Board of Adjustment was called to order by the Chairman, H. B. Helton at 7:31 P.M. PRESENT: CHAIRMAN VICE CHAIRMAN SECRETARY H. B. Helton L. A. Trotter Dr. E. K. Hahn Jack Roseberry Jay Jones CITY STAFF: DIR. OF PUBLIC WORKS Ray H. Britton CLERK Pauline Spain CLERK Barbara Sells Jack Roseberry moved, seconded by L. A. Trotter to approve the minutes as written. Motion carried 4-0, Jay Jones abstaining as he was not present at the October meeting. Request of Mary J. Taylor to vary from the zoning ordinance #179 on Tract 13J, Abstract 1606, in the W. W. Wallace Survey to continue use of non-conforming building. This property is located at 5005 Davis Blvd. Mr. Taylor presented this request. He told the Board the property is zoned commercial but his building does not meet commercial standards. We want to lease it to a used car dealer. We purchased the property and went to the City Hall for a permit and were told the building had to be brought up to standard. We talked with several people and were told we would have to cover with brick, stone, con- crete block or other masonry, or factory finish steel. We put aluminum siding on the house, brought the electricial wiring to standard and improved the building in other ways. Now we are told we can not use it as commercial. If we had known what had to be done we would have built a new building at the time but we can not afford to do so after spending the money to repair the existing building. Mr. Taylor stated Mr. Britton explained the difference in local retail and commercial to him. Mr. Taylor told the Board he felt this would be more like local retail since there will be an office only, no garage and no clean up service at this location. Mr. Jones stated Mr. Taylor had spent a lot of money on this building. , ~ . Page 2 ZSA Minutes December 16, 1976 BA 76-16 APPROVED He should have been told by someone at the City Hall the full requirements. Mr. Taylor explained when they did the work on the building they felt it was according to commercial zoning. SA 76-17 APPROVED There was no opposition to this request. Mr. Jones moved, seconded by Mr. Roseberry to grant this variance for three years for use as a used car lot only with no garage, no clean up facilities and the entire lot must be paved. Motion carried 5-0 with all voting for. Request of Oscar Oggier to vary from the zoning ordinance #179 on Tract 12A2, Abstract 1055, in T. K. Martin Survey to use frame house as rental residence in Industrial Zoning. This property is located approximately 402.55 feet east of recently zoned Airport specific use north of Cardinal Lane. . Mr. Oggier said he was asking for help or advice. When I bought this property in July of 1976, it had a 1,000 square feet house, 40 dog runs and was operating as a dog kennel. I had in mind to repair the house and then continue to operate the kennel, then I realized that I could not refurbish the house within six months to remain under the grand- father clause. Mr. Britton said the problem was the rental of the house and not the kennel because the zoning permitted the kennel, but not the rental residence. Mr. Oggier said he wanted to put central air and heat in the house, spending approximately $5,000 on the house. Mr. Trotter asked what time limit he was asking for, probably four years due to the ten acres to the east and the road that would run thru there. Dr. Hahn asked Mr. Oggier if he was willing to spend that much money for only four years, he answered,yes. He said there was 2.09 acres and he thought if a small family leased it and worked hard, there was a chance they could gross $40,000.00 a year. Another person he spoke with said he should be able to lease it for $500.00 a month. Mr. Trotter moved, seconded by Mr. Jones to grant this variance for five years. Motion carried 5-0 with all voting for. . BA 76-18 APPROVED Request of Mike Rowlett to vary from the zoning ordinance #179 on Lot 14, Block 18, in North Park Estates to install six foot stockade fence ten to twelve feet outside building line. This property , ~ ~ . Page 3 ZSA Minutes December 16, 1976 BA 76-18 APPROVED is located at 6436 Dorchester Trail. Mr. Rowlett said his property line is ten feet from the curb, and his building line is another twenty-five feet. If I place my fence on my building line, it will cut my back yard almost in half. In addition, we want to enclose our patio and possibly add an addition to our home at a later time. The way the street curves there will still be twenty- five feet to the street so this will not cause a safety hazard. I have the approval of the builder and the people who will be living behind our pro- perty (this house is still under construction). Mr. Britton stated if the Board is going to grant this variance he recommended Mr. Rowlett be allowed to place his fence 19 1/2 feet from the curb. This would add an additional 9 1/2 feet to Mr. Rowlett's back yard, without causing a safety hazard. . BA 76-19 DENIED Mr. Jones moved, seconded by Dr. Hahn to grant a variance on BA 76-18 to allow the fence no nearer than 19 1/2 feet to the curb. Motion carried 5-0 with all voting for. Request of Joe V. Henry to vary from the zoning ordinance #179 on Lot 1, Block 1, in Henry Addition to continue use of non-conforming building. This property is located at 6805 Harmonson Road. . Mr. Henry stated he wants this variance because he wants to sell this property, in fact, he had it sold but found the building does not meet commercial standards. Mr. Britton said at the time this was rezoned Mr. Henry was told the building did not meet commercial standards. Mr. Henry said at that time he would bring the building up to commercial building code. (A copy of the Planning and Zoning Commission's minutes were sent with the packets.) However, Mr. Britton stated he was unable to find this in the City Council's minutes. Mr. Trotter asked what con- dition the building was in. Mr. Henry said the build- ing was in good condition, he has had it totally re- wired, added a new roof, and put asbestos siding on the exterior. Mr. Henry said the building needs only to be finished inside. Mr. Henry said this building has never been occupied as he has since build a new building next door that complies to commercial stand- ards. Mr. Trotter said you agreed to bring this building up to commercial standards. Mr. Henry stated this was impossible because the building has wood studs. Mr. Jones asked Mr. Henry how much money he had invested, he answered approximately $3,000.00. . Page 4 ZBA Minutes December 16, 1976 BA 76-19 DENIED . BA 76-20 APPROVED . . ~ After much discussion among the Board Members Mr. Trotter said perhaps the building should be removed and just the lot sold. Mr. Trotter asked Mr. Henry if this building was completed before he built his new one, he answered, yes. OPPOSED: Mrs. J. W. Shaunty - 6817 Harmonson Mrs. Shaunty stated Mr. Frank E. Dotter, Mr. Shaunty's partner was not notified by mail. Mrs. Shaunty, Chairman of the Planning and Zoning Committee, stated the Planning and Zoning Committee would not have granted commercial zoning to Mr. Henry, if he had not agreed to bring his building up to commercial standards. I feel it should be bought up to standards or torn down. I feel Mr. Henry was aware of the commercial standards and if we allow this more will come in the future. Mr. Trotter said the problem is Mr. Henry wants to sell this building and property. Mr. Trotter moved, seconded by Dr. Hahn to deny this request. Motion carried 5-0 with all voting for. The Board felt that granting this variance would open the building to most anything. Also the Board felt they should know the type of business going in before granting this variance. The Board agreed Mr. Henry can appear before the Board again without fee, if he finds a buyer for this property. Request of W. E. Brannon, lessee of American Pet- rofina, to vary from Article VI of Ordinance #179 to allow the rental and lease of U-Haul Trucks and Trailers in Local Retail Zoning. Mr. Brannon stated he wanted his property zoned commercial. The Planning and Zoning Committee approved his rezoning in September, 1976. The City Council referred him to the Zoning Board of Adjustment in October. Mr. Helton explained the Zoning Board of Adjustment did not have the power to change the zoning. Mr. Brannon asked why Brake-O could operate a garage under Local Retail and he couldn't. Mr. Brannon stated he was tired of all this running around. Other establishments in this area operate commercial business in Local Retail Zoning. There was much discussion among the Board Members as to why this was not settled by the City Council and the reason it was referred to them. ~ . Page 5 ZSA Minutes December 16, 1976 SA 76-20 APPROVED Mr. Trotter moved, seconded by Mr. Jones to grant this variance to Mr. Brannon for Commercial Use of this property as long as Mr. Brannon is at this location, subject to his placing a six foot sight barring fence. Motion carried 5-0 with all voting for. There was no opposition to this request. MR. HELTON CALLED A 15 MINUTE RECESS. MR. HELTON REOPENED THE MEETING AT 9:15 P.M. BA 76-21 APPROVED Request of Billy S. Cox to vary from the Zoning Ordinance #179, Article XXII, on Tract 4CC1,Abstract 1630 in A. G. Walker Survey to manufacture cloth orthopedic supports in Commercial Zoning Area. This propety is located at 6824 Harmonson Road. . Mr. Marion Massey represented Mr. Cox. Mr. Massey stated the building contained 3,000 square feet. Mr. Cox leases this building to Mr. Cannon, who operates X-Act. Mr. Massey said X-Act makes orthopedic swings, collars, etc. from cloth, foam rubber and elastic. Mr. Massey said this operation is similar to that of a drapery shop, but does fit the definition of light industry. They use seven sewing machines and have been operating in this location since August of 1976. Mr. Massey said they were asking only for a temporary variance so long as this tenant occupies the building. Mr. Massey said this operation is actually quieter than that of a drapery shop. Mr. Britton stated this operation moved here from Dallas and came to the City's attention because the building was rewired without a permit. Mr. Jones moved, seconded by Mr. Trotter to grant this variance lias long as the electricial wiring is brought up to city code and Mr. Cannon leases it for X-Act, Inc.1I Motion carried 5-0 with all voting for. There was no opposition to this request. SA 76-22 DENIED Request of Sabine Valley Industries, Inc. to vary from the Zoning Ordinance #179, Article XVIII, Section III, Abstract 1520, Tract 3 in William A. Trimble on number of parking spaces per unit. This request was presently jointly by Mr. Charles Cole and Mr. Fleet. Mr. Cole showed the plans for Diamond Loch Apartments for the next two years. Last year our money lenders . . Page 6 ZBA Minutes December 16, 1976 SA 76-22 DENIED . . ~ told us we were blazing a high trail in luxury apartments with the highest rental in Tarrant County Area. Our architect, Harry Hoover, builds only top scale apartments, these will consist of a warm blend of brick and wood shingle. These apartments will be individually metered and it is our desire that in seven to eight years they will be privately owned. We have tried to maintain as much greenery as possible. We met with your Fire Marshall and have modified -our plans for fire protection, without giving our plans an lIasphalt jungle lookll. We will have 138 units with 303 parking spaces which comes to 2.2 parking spaces per unit. In our management experience we have found this to be more than adequate. We will have 26% 3 bedrooms and 74% 1 and 2 bedroom apartments. In checking the surrounding towns, we found that Hurst, Haltom City and Fort Worth only require 2 parking spaces per unit. If we add any additional parking we will defeat the natural green look. We are not aware of any other city in the state of Texas that requires this much parking. Mr. Trotter said several years ago a committee made up of various members of the Zoning Board of Adjust- ments went to different apartment complexes at dif- ferent times in the week and times of the day to check their parking (Snappy Fox, Glenview Square, Towne Oaks, Northridge Village, etc.). Mr. Trotter said the reason our restrictions are so strict is because so many people own boats, mobile homes which require two parking spaces, plus the people that own motorcycles and families having two cars. Mr. Fleet said their apartments will rent from $270.00 to $410.00 a month with the tenants paying the utilities making this the top rental in the Tarrant County Area. Our tenants will demand a natural green area, and this is feasible only with 303 parking spaces measuring 9' x 20'. Mr. Fleet said we are interested in the parking. We are strict, we have to provide enough parking. We are not ones to allow boats, mobile homes, motorcycles because of the looks. We will have approximately 15 million dollars in this project. We would not hestitate to ask people to move a boat, mobile home, etc. because it would detract from our apartments. Dr. Hahn said we appreciate the quality of your apart- ments, but the problem arises when you sell the apart- ments. Mr. Fleet said in 138 units we feel there will be vacancies. Dr. Hahn said parking in apartments · · · Page 7 ZBA Minutes December 16, 1976 BA 76-22 DENIED is a problem. Dr. Hahn also said Fleetwood Square is not quite as nice as it was when you owned them. Our problem is after you sell the property, the new owners may have different views on this matter. Mr. Trotter said he is impressed with our parking requirement of 2.5 parking spaces per unit. Mr. Trotter asked how long do you plan to keep these apartments after you build them. Mr. Fleet answered, probably five to seven years, then turn them into permanent homes. Mr. Fleet said when these apart- ments were originally planned we were above your parking spaces requirements. Mr. Britten said the plat will have to be approved jointly with Haltom City. Mr. Trotter asked if all future development will be in North Richland Hills. Mr. Fleet answered, yes. Mr. Fleet said we could easily add the additional parking spaces in the next phase as "this will be a long term apartment complex. Mr. Roseberry said 38 more parking spaces would be the size of a small city lot. Would that break you? No, Mr. Fleet answered, we feel the parking is adequate now. Mr. Trotter asked how long it would be before they sold the apartments, probably seven years. Mr. Roseberry said the parking problem will get worse when they become privately owned. Mr. Fleet said if we do not find the parking is adequate we will change it. Mr. Trotter said you checked everything else so closely, why not the parking. Mr. Fleet said they did not have an answer, but if there is a problem we will add additional parking in the next phase. Mr. Fleet said we used to own Glenview Square and there was never any problem with the parking. Dr. Hahn asked if he had spoken with any of the tenants. Mr. Roseberry moved, seconded by Mr. Trotter to deny this request. Motion carried 5-0 with all voting for. The Board felt this request should be denied because Sabine Valley could comply with the parking space requirement by adding an additional 38 parking spaces. . Pa ge 8 ZBA Minutes December 16, 1976 OLD BUSINESS Mr. Trotter asked Mr. Britton to explain his memo. Mr. Britton explained his memo. See attached copy. Mr. Trotter moved, seconded by Mr. Jones to adopt the memo as written. Motion carried 5-0 with all voting for. Dr. Hahn said he thought the Zoning Board of Adjustment and the Planning and Zoning Committee should get together and discuss some of the problems they are going up against. The meeting adjourned at 11:20 P.M. MEMORANDUM ADJOURNMENT ~ ~ CHAIRMAN, ZONING ARD OF ADJUSTMENT . ;¿ .