HomeMy WebLinkAboutZBA 2006-01-26 Minutes
MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF
ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
JANUARY 26, 2006
1.
CALL TO ORDER
The meeting was called to order by Acting Chairman Leslie Jauregui at 7:02 p.m.
ROLL CALL
Present Acting Chairman
Alternate
Alternate
Leslie Jauregui
Fonda Kunkel
Jerry Henry
Beth Davis
Jim Kemp
Roy Sculley
Absent Chairman
Tom Duer
City Staff Chief Planner
Building Official
Asst. Dir. of Public Works
Planning Assistant
Recording Secretary
Dave Green
Dave Pendley
Greg Van Nieuwenhuize
Carolyn Huggins
Holly Blake
2.
PLEDGE OF ALLEGIANCE
3.
CONSIDERATION OF MINUTES FROM SEPTEMBER 22, 2005 ZONING
BOARD OF ADJUSTMENT MEETING.
APPROVED
Jerry Henry, seconded by Jim Kemp, motioned to approve the minutes
from September 22, 2005. The motion was carried unanimously (5-0).
ACTING CHAIRMAN JAUREGUI EXPLAINED THE VOTING REQUIREMENTS
OF THE ZONING BOARD OF ADJUSTMENT. ANY REQUEST THAT GOES
BEFORE THIS BOARD MUST RECEIVE A SUPER MAJORITY (75%). THIS
Page 1 of 4 1/26/06
ZBA Minutes
BOARD IS A 5 MEMBER VOTING BOARD. FOR ANY VARIANCE TO PASS
IT MUST RECEIVE 4 AFFIRMATIVE VOTES.
4.
BA 2006-01
PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM GARY
FRANKLIN FOR A VARIANCE TO THE RESIDENTIAL FRONT YARD
SETBACK OF 25 FEET AS REQUIRED BY SECTION 118-293 OF THE CITY
OF NORTH RICHLAND HILLS CODE OF ORDINANCES.
APPROVED
Dave Green presented BA 2006-01. This property is located in the far northern
reach of North Richland Hills on the border of Keller. Mr. Franklin has
constructed a large water feature on his property. With this detention pond, Mr.
Franklin has constructed a rock fountain. The variance is for the water pump that
will be used to run the fountain. The water pump does not meet the required
building setback for a corner lot. A corner lot requires a 25-ft. front building
setback. Mr. Franklin is requesting a 19-ft. variance from the front building line
setback to allow the pad and pump to remain at its current location, with the
intent to install a pump house building over the pump and pad.
Leslie Jauregui opened the public hearing.
Gary Franklin, 8800 Clay Hibbins Rd, came forward. Mr. Franklin explained that
the pump will be very quiet. The reason for the location is because of the water
and the lines. When the foundation was poured and the pump was concreted in,
all the field pipes were custom ordered to fit that span. Mr. Franklin stated that
the pump house will also be landscaped.
Mr. Henry asked Mr. Franklin if the sole purpose of the pump is to power the
water feature. Is the pump going to be on a timer? Mr. Franklin responded that
the pump is for the water feature and that it will be on a timer and a manual
switch.
Ms. Davis asked Mr. Franklin if the pump will be run every day. Mr. Franklin
answered that the pump will be run every evening to prevent the water from
becoming stagnant, plus the water is stocked with fish.
Ms. Davis asked Mr. Franklin if there are cattle on the property and do the cattle
use the pond for their water? Mr. Franklin answered that there is cattle on the
property but there are water troughs on the property for the cattle.
Ms. Jauregui asked if there was anyone else who wished to speak in regard to
BA 2006-01.
Page 2 of 4 1/26/06
ZBA Minutes
Kathleen Dunning, 8629 Saddle Ridge Trl, came forward. Ms. Dunning stated
that she has no objections to the variance. Before the water feature was
constructed there was flooding on her property. The water feature seems to
have corrected that. Ms. Davis asked Ms. Dunning where her house was
located. Ms. Dunning answered that she is located behind the waterfall.
James Skiles, 8633 Saddle Ridge Trl, came forward. Mr. Skiles stated that he is
for the variance.
Ms. Jauregui asked if there was anyone else wishing to speak in regard to BA
2006-01. Being none, Ms. Jauregui closed the public hearing and asked for
discussion among the members.
Mr. Henry asked Mr. Green if the 25-ft. setback is from the north property line?
Mr. Green answered that it is from the north and west property lines.
Ms. Jauregui asked how far the pump is into the setback. Dave Pendley
answered 19-ft.
Ms. Jauregui asked Mr. Franklin if the pump house will be built on top of the
concrete pad. Would anything be closer to the street other than the concrete
pad? Mr. Franklin answered that the pump house will be on the concrete pad.
Only the landscaping will exceed the pad. The pump house will have double
white doors on the front of the building which will face west.
Ms. Davis asked if there wasn't a detention pond on this property, would the
water flow across the property to the drainage easement on the adjacent
property. Mr. Van Nieuwenhuize explained that prior to the pond's existence the
drainage flowed to the east. On the east side on the adjacent property is a
drainage structure that was designed to accommodate the drainage from this
property. Since the pond was built, Mr. Franklin has made sure that the water
runs toward that drainage structure.
Ms. Jauregui asked Mr. Van Nieuwenhuize when the engineering of the pond will
be done. Mr. Van Nieuwenhuize explained that it will be ready soon. He has
been working with Mr. Franklin's engineer on this project.
Ms. Davis asked Ms. Dunning to come forward. Prior to the pond being built, Ms.
Dunning explained that her property stayed flooded for days. The water would
run across Mr. Franklin's property onto hers. Once the pond was built, the water
now runs into the pond. There is a small drain located on the other side of the
fence. At one point Ms. Dunning had the City out to look at it before this
construction took place. Ms. Dunning believed that there should be something
better than that to take care of the drainage. Ms. Dunning explained that she is
concerned about the drainage, but she has been concerned about the drainage
Page 3 of 4 1/26/06
ZBA Minutes
since she bought the property. Ms. Dunning believes the pond is a big help to
her drainage issue.
Jerry Henry, seconded by Jim Kemp, motioned to approve the following for
BA 2006-01: Variance granted for the 19-ft. front building line setback with
the following stipulations: 1) The construction of the pump house be
sufficiently insulated to make it noise proof. 2) Proper landscaping be
installed and maintained around the pump house. 3) The pump house be
built in a style that matches the existing barn. 4) The variance is
contingent upon Public Works approval of the hydrology of the pond. The
motion was approved unanimously (5-0).
Mr. Henry stated: "As the Board looks at the literal enforcement of the controls it
would create an unnecessary hardship on this property and the fact that the 25-ft.
setback for a corner lot is intended for a residential lot. This is a 7 acre lot;
therefore the setback has no affect on any public safety or site location in the
corner. The situation is not self imposed and is actually improving the property
and improving the safety and value of the neighbor's property. Granting this
variance is in harmony with the purpose of these regulations."
5.
ADJOURNMENT
Having no additional business to conduct, the meeting adjourned at 7:32 p.m.
Acting Chairman
~1?1~~
eslie Jaureg .
Page 4 of 4 1/26/06
ZBA Minutes