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HomeMy WebLinkAboutZBA 1975-02-20 Minutes . MINUTES OF THE REMULAR MEETING OF THE ZONIN~ BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE CITY HALL, 4101 ~OPGAN CIRCLE, THURSDAY, FEBRUARY 20, 1975 CALL TO ORDER The meeting was called to order by the chairman, Mr. H.B. Helton at 7:40 P.M. ROLL CALL PRESENT: CHAIRMAN SECRETARY Mr. H.B. Helton Dr. E.K. Hahn Mr. Jay Jones Mr. Jack Roseberry CITY STAFF: DIRECTOR OF P.Z. CLERK ABSENT: VICE CHAIRMAN Mr. Allen Bronstad Mrs. Pauline Spain Mr. Leslie Trotter CONSIDERATION OF MINUTES OF THE PREVIOUS MEETING NEW BUSINESS BA 75-2 The minutes of the January 16 meeting were approved as written. . Request of P.S. Anderson for a variance from the City of North Richland Hills Zoning Ordinance No. 179 on Lot 12, Block 9 in Holiday North Addition. This request is to erect a 6 foot cedar fence on the property line parallel to Fieldstone Dr.; also a 3 to 3 1/2 foot chain link fence around the front yard 10 feet from the curb on Field- stone Drive and Fieldstone Court. This property is located at 5900 Fieldstone Court. . Mr. Anderson presented this request. We recently moved to the city and I am unfami1ar with your fence ordinance. We want a back fence for privacy and we would like it to qo to the property line as the back yard would be very small otherwise. The fence would 00 from the end of the house 15 feet to property line, then run parallel to Fieldstone Drive to back property line. We also want a front fence. We have small children and this fence would be a protection for them. A cement truck, driving entirely too fast, had to slam on brakes to avoid hitting children playing in the street. This fence would also keep dogs out of the yard and thildren-from cutting across the yard. Mr. Calvin Luper - Holiday North Venture Section 4 Mr. Luper presented a deed restriction recorded October 2, 1973 in Volume 5533 PaQe 369 on said property. (see attached) ~ . . . Dr. Hahn explained to Mr. Anderson the Board could issue a variance but could do nothing about the deed restriction. After much discussion Dr. Hahn moved, seconded by Jack Roseberry to defer this request until the second scheduled meeting, giving Mr. Anderson time to check further into the deed restriction and also time for the Board to consult with the City Attorney. Motion carried 4-0. OLD BUSINESS For some time the Board has requested a fence ordinance. Due to the number of requests for a fence variance the Board feels the need for an ordinance is imminent. The Board suggests the following be included in the ordinance: 1. Fence contractors should get a permit before erectinQ a fence or be libel. 2. Corner lots - should the fence be on property line or buildinQ line. 3. If property-line what distance from the front of the house. 4. Uniformity, height and type. 5. Front yard fence, hei~ht, type & distance from the curb. ADJOURNMENT The meeting adjourned at 9:05 P.M. SECR ..,,}/ \ Ç" :/~. .." ........ ..... U U 1 I..Þ' .." ..&. Iw J . 'W .... . . ". :~~ HOL.IIaY NORl'H ADDITION SECrION NO.IV RE?:tRI mON AG R.EEMmlr ---- -....-- . -{ HOLIDA.Y NORTH JOINT VEmURE TO e " ~' '-.. "- ~e '- ~ " ~' ~' I", ~ " ~ -- THE PUBUC Holiday north Joint Venture which has platted and subdivided certain property into an addition known as HOUDAY NORl'H AWITION SEaI'ION TV to the City of North Richlard Hills, Terrant County, Texas, by plat recorded in Book 388-83 ~e 1 ot the Plat Records or Tarrant County, Texas, does hereby impress all of the property included in such 4th Filing of such Sub:iivision with t..;"e following Restriotions, conditions ani restrictive covenants, which S!la.n run with the 1a.zxi and be bWing upon the purchasers or the lots in said suooivision, t.~eir heirs, executors, adm1.n1strators and assigns. 1. All or the lots in said 4th Filing or sa.id Addition shall be single tam1¡y residential lots and Shall be used for residential purposes on¡y. No buiJding shall be erected, altered, placed or permitted to remain on any such lot other than a single family dwelling, with at :LeAst a. two ca.r garage. All residenoes shall contain not less than 1300 square teet for & one !to~ dewlling with & m~."imum 8Xterlor wall area ot 75~ brick or stone, one a.rx! one-half or two-sto17 dwelling shall have a minimum ground floor eea of 1200 square teet with & m.inimum . total area of 1500 square feet with a m1~ exterior wall area tor the ground . floor of 75% b:-1ck or stone. The minL..~ õ..reas· required are exclusive of po:r-ehes and garages. I Z. Building lines as shown on the recorded plat shall be observed. No struoture o! a temporary charaoter, trailer, basement, tent, shaok, garage, barn. , or othe~ ou~~1~~ shall be used on any lot at any time as a residence, either temporarily or ~"lent1y, nor shall any structure as such of a temporary characta;r be permitted thereon. !:o fence or wall shall be erected. pla~~t43~~ ..on any lot. nearer to t:le street thAn the main bu11d1.ng set-.back line, and set-bà.ë1è -title s 8fuùl be ob·s~9d'-·-õn-·"·5J.~des--'a·sN-wêll-·ãs·tni-rrönt-of-t1i-e· lot in connect:IonWlth ¡ëñces, ifaliS, Ar4.~~~f~.~~ª~~~!J,~~i~. however, it is expressly provided that in - cor~¡@C+~on vi ~ t~ra.lJ s·tr-J.ctures and any an:! all other provisions or this dedioation, field offioea of & temporary nature are expressly permitted, subject to the approvAl or the Dedicator, tor the use in furtherance or and during develoiDsnt a.r.xi sale ot the land covered by this Dedication. J. No noxious or offensive activity shall be carried on upon any lot, nor shall a..~ng' be done thereon which maybe or become an annoyance or nuisance to the neighborhood. No spirious, vinous or malt liquors, beers or other intoxicants sh.a.ll bð sold or perm1 tted to be sold upon and such lots, and no portion or any- building shall be used as a night club or for gambling purposes. 4. No purchaser shall resubdivide any such residential lot. However t in event more than one lot is needed tor a building site, the purchaser may with written approval of the Dedicator, re-subdivide. 5. No animals, livestook or poultry of any kind shall be raised, bred or kept on ~ lot, except that dogs, cats, or other household pets may be ke,pt, provided that they are not kept, bred ·or maintained for any commercial purposes. 6. Dedicator reserves perpetual easement in, on and under the lots or the width and extent as shown on the recorded plat for the purpose ot laying, placing and maintaining utilities, and such other purposes as are shown on the plat, &nd Dedicator rese~es a perpetual easement in, on and under the streets as shown on the recorded plat, for the purpose of laying,placing and maintaining utilities with the right to go upon such lots and streets, and to place, erect, repair, m&intain a.t'3 remove utility installa.tions wi. tho'.lt interference. No building shall. be erected over the part of the lot where ~J.ch easement is shown to be reserved. 7. No television, radio or other similar antennas, masts or receiving or sending apparatus shall be erected on any lot exceeding the height of )0 feet from the roo! on any structure on any lot, whether or not said antenna, mast or Qther sending or receiving apparatus has its base on the grourJ.d or on the structure itself. No use shall be made or any lot or structure thereon for any type of radio or television or similar broadcasting system, and all television and similar . 55'13 ~c.4n vOL 'J P^GE .JljtJ . - . ""_~..i>i. _o\o......._~ .... - ... ~.;....o.:;o..a."",,- ~ "" _ _ 4 4.-......_ _.... L.:_:.-:..-_......~~.~__f).·__~.... ~~.:r.;..~~,lj.. ~.1_:,::,:. '_.' .......~. -~. ...~~' .~J,.~\{.;:_,:,~~. ~.,_:"I;_..j_~ $~,..<t';"*'~;M~~..~~.~~~.';:,.-~:~_: _........._ --.;"""__"_"" 8:-: ;;'.~.,~~~'W~ Page 1 ....;,;- -'. -_~"'4~"", - :<;.- . _ - ':'"'--"-"1l!':" ...... ' .' .. VQl5533 PAGE 370 ". e antennas, masts and similar apparatus shall not exceed a two television set capaaitYe 8. VEHICLES I Trucks with tonnage in excess of 3/4 ton shall not be permitted to park on the streets, driveways, or lots overnight, and no vehicle of any size which normally transports inflammatory or explosive cargo may be kept in the subdivision at any time. 9. All-plans tor the errect10n of any residence on ~ lot must be approved by the president or vice president of Richland Enterprises, Ino.. its successors or assigns. No buildings, rence, wall, or other structure shall be com.. menced . errected or maintained until plans and specifications, plot plan and grading plan therefore shall have been submitted to and appro·ved by the Dedicator. In passing upon such plâ:ns Dedicator shall take into consideration suitability ot the proposed building or other structures to the site upon which it is proposed to errect the sa.aet the harmony thereof with the surroundL"lgs and the effect or the bui1tiing or other structure as planned on the outlook for adjacent or neighboring property. 10. Enforcement shall be by proceeding at law or in equity against 8.11Y person or persons violating ar attempti.'1g to violate any covenant, either to restrain violation or to recover damages. Any further property owner in this said platting a.s w·ill as the Dedicator dogs ~o't t..$~~=:9 responsibility for taking e enforcement action except at the Dedicator's option. 11. InTalidation of ~ one or these covenants by Judgement or Court Order shall in no wise affect any of the other provisions, which shall remain in tul1 foroe &nd eÎteoAt,. 12. These covenAnts are to run with the land and shall be binding on all parties ~ ~ persons C1A~ming under them for a period of thirty years ~rom the date these covenants are reeorded, after which time said covenants shall be automatically erter.,ded for su~cessive periods of 10 years unless an instrument . s'ignsd by a. :!A..:,:-i -ty of the then owners of the lots has been recorded, agreeing to Cha..."lg9 said covenants in the whol~ or in part. 13. These restrictions are applicable only to the Fourth Section of said subdivision consistir.g or Lots 1 through 17 in Block. 31 Lots 1 through 15R arxi 28, 29 and. 30 in Block 8, .~ts l_thr~ugh 27 in Block '.91 Lots 1 through 4 in Block 10; Lot 1 in Block 12 J Lot~ough J:9-1ñBlOëkJ3, Lots 4R through 9 in Block 18, Lots 1 through 4 in Block 22J Lots 1,2 and 3 in Block ,21, all of which are in the Holi~y ~iorth Adàition. Restrictions on any future filings at additional lots or blocks in the Holiday North Addition shall be such as the Dedicator may determine at his discretion. e HOLIDAY NORTH JOINT VENTURE Byl J-.IJ.~ . B. Sandlin STA.:'E 0 F TEXAS I OO~T[ OF TARWiT I .. BEFORE ME, the undersigned authority, a notAry public in and for said County and State, on this day personally appeared J. B. Sandlin known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. e ,", í-'" . . ~-.:. ' ...>, "'GIVEN UNDER MY HAl~D AND SEAL OF OFFICE, . . - . "'. . ....;. . ..- ....:,~ r . #_' -:; '<,:. I \ ... .. ...~ .... ¥ ;, / . -< ,'-' - ,:-~' ~ ~ -~ } . o· "'; \ - ,... ' ~ S\. .:/,.,>~ .' ..- .... . ~ . . . .... , ,.<,~~,:~>~(,~:~<;:~~~':',' ,"- THIS --.?6th day of Sept. t 1973. " .' Notary ~ Texas C. F. Luper . .. . . " .