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HomeMy WebLinkAboutZBA 2009-05-28 MinutesMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MAY 28, 2009 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:00 p.m. 2. ROLL CALL Present Chairman Tom Duer Fonda Kunkel Jim Kemp Jerry Henry Sixto Rodriguez Absent Leslie Jauregui Bill Gibbs City Staff Chief Planner Eric Wilhite Recording Secretary Teresa Koontz 3. PLEDGE OF ALLEGIANCE 4. CONSIDERATION OF MINUTES FROM JULY 24, 2008 ZONING BOARD OF ADJUSTMENT MEETING. Jim Kemp, seconded by Jerry Henry, motioned to approve the minutes from July 24, 2008. The motion carried unanimously (5-0). 5. BA 2009-01 A Public Hearing to Consider a Request from Cecelia White for a variance to the requirement that two covered parking spaces be provided on lots in the R-3 zoning district. These requirements are specified in Section 118- 314(2) of the City of North Richland Hills Code of Ordinances. The subject property is located at 6675 Marie Street. Page 1 of 4 05-28-09 ZBA Minutes Chairman Duer explained to the audience that the State Statute requires the Zoning Board of Adjustment to have a super majority vote, seventy-five percent. Mr. Duer stated that they are a five member voting board therefore four affirmative votes are needed to pass. The Public Hearing was opened at 7:03 p.m. Cecelia White, 6675 Marie Street, North Richland Hills came forward with a request for a variance. She stated that she has been in contact with her neighbors who have also visited the city for the same issue in her neighborhood. Her father recently did a survey in the area of 109 houses and there were 32 garage conversions that had taken place. She stated she is trying to do this legally and have inspections done for safety purposes. Some of her neighbors have stated their requests have been denied in previous years, but they went back home and did the conversion anyway. She said it seems that her neighborhood has already made a choice to utilize this space for living area rather than have an oversized shed. Thirty percent of the other neighbors have already made the conversions. The houses are too expensive to knock them down and put something else on the property, but the property is too small to put another house on to meet the current ordinance. It appears that everywhere she tries to make a compromise, there is another ordinance requiring a variance. She feels like the current ordinance does not apply to this area because in no way can any of the ordinances work without being in non-compliance of another ordinance. She feels like it is an issue that is going to keep coming up and because the neighborhood is so old and not making a variance is saying the area is going to be left to sit as is. Many buyers come and want to pay $40,000 for the houses but don't realize it will take $20,000 to fix the house up so that anyone would even want to live there. Houses that are 980 sq. ft. are not sellable according to some investors she has been in contact with. She feels that by converting the garage it would give her more livable space and used to its best advantage. There is no place to put another carport, because there are ordinances against putting one on the side or in the front. Fonda Kunkel asked Cecilia White when she purchased the home. Ms. White answered in 1996 and she also purchased and remodeled the house next door and resold it because it was in foreclosure. The house on the other side was in foreclosure about two years ago. She feels this vacant house is now a fire hazard and also has live animals in it. Code Enforcement has been involved with the rodent issues. The only way the area is going to rejuvenate is by allowing homeowners the variances to enlarge their homes. Tito Rodriguez asked what is the square footage and household size. Chairman Duer stated on behalf of the board, we appreciate Ms. White going down the right path, taking the permits and consulting with City Staff. Because Page 2 of 4 05-28-09 ZBA Minutes this neighborhood was built before NRH was annexed, there have been issues like this in the past. Several years ago there have been discussions about how to address these cases one by one and there has not been a definite answer yet. Anna Bishop, 6660 Jannie, North Richland Hills, came forward. She stated her backyard backs up to Ms. White's backyard. She has lived there since 1953 and said most of the houses have sold and resold. Many are rentals and they stay vacant for long periods of time. The new sidewalks that the City put in make the neighborhood look nice, but if you don't enforce the yards and houses, then it does no good. She stated that if Ms. White makes the conversion, then it will not deteriorate the front of her house. Chairman Duer closed the Public Hearing at 7:15 p.m. Chairman Duer asked the applicant if there were a possibility of pouring a driveway that is two cars wide. Ms. White said she was going to address that but didn't know if that was the hearing was about. The hearing she received in the mail displays the variance on replacing the garage with two car parking structure. She had already planned on putting two car parking there anyway, but due to the expense would not be able to do it for about one to two more years. Chairman Duer asked Ms. White if she would consider the garage conversion contingent on paving two parking spaces, both being done simultaneously. Ms. White said yes, she would consider that. Jim Kemp asked if there would have to be cut out from the street in order to pour the driveway. Eric Wilhite said Staff has not looked at a survey or construction plans, but if it's necessary Public Works would be able to do that as long as the driveway doesn't exceed the maximum width permitted in residential. Since she only needs a couple more feet, he doesn't see any issues with Public Works issuing a permit to be able to cut the curb as long as the radius return is on her property and meets all the design criteria. Jerry Henry asked if the board reaches a compromise and grant the simultaneous construction, would the application have to come back to the City for a permit for the pavement? Eric Wilhite said yes, she would have to get a permit for the driveway and the garage. Page 3 of 4 05-28-09 ZBA Minutes Jerry Henry asked how the ruling would be flagged in the system to ensure the ruling is followed. Eric Wilhite said it would be noted in the HTE system and noted that ZBA granted the variance contingent upon each other. Jerry Henry stated that in order to grant the variance, the four findings of fact have to be identified in the zoning ordinance. Mr. Henry quoted "literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property" and said even though the property is developed with a home sitting on it, according to the testimony given here, it sounds like one-third of the properties have already made these conversions. The request does not seem impractical and there shows to be a hardship based on the neighborhood. "The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning area" does not seem to be self imposed, she bought it when it was that way, but due to the sizing restrictions, the practical use of the property as a garage could ever be effected due to the size of cars we have. "The relief sought will not injure the permitted use of adjacent conforming property", Mr. Henry said he does not believe it will, as a matter of fact we have already got one-third of the residents who have done that. "The granting of the variance will be in harmony with the spirit and purposes of these regulations", if the regulation is to try to get the cars off the street and provide adequate parking, then offering the compromise of Ms. White providing two parking spaces and at the same time doing the garage conversion is a practical matter. APPROVED Jerry Henry, seconded by Jim Kemp, motioned to grant BA 2009-01 with the stipulation that the parking be improved to two off-street parking locations at the same time of the garage conversion. The motion carried unanimously (5-0). ADJOURNMENT There being no other business, the chairman adjourned the meeting at 7:22 p.m. Chairman ~ ~iLt,c/ Tom Duer Page 4 of 4 05-28-09 ZBA Minutes