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HomeMy WebLinkAboutZBA 2010-01-28 MinutesMINUTES OF THE REGULAR MEETING OF'THE :ZONING BOARD OF ADJUSTMENT OF .THE CITY OF :NORTH RICHLAND HILLS, TEXAS JANUARY 28, 2010 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 6:30 p.m. 2. PLEDGE OF;ALLEGIANCE (Chairman Duer suggested the Pledge of Allegiance before Roll Call as on the agenda) 3. ROLL CALL Present Chairman Tom Duer Fonda Kunkel .Jim Kemp° :Jerry Henry Bill Gibbs Brian Crovvson x.- - Robert Housewright City Staff Chief P anner Eric Wilhite -Building :Official ` David Pendley - Dir. of Planning & Development :John Ptstick , City Attorney's Office Bryn Meredith Recording Secretary Teresa Kooritz 4. CONSIDERATION OF MINUTES FROM-MAY 28, 2009 ZONING BOARD OF :ADJUSTMENT MEETING. Jerry Henry, seconded'by Jim-Kemp, motioned to approve the minutes from May 28, 2009. The-motion carried unanimously (5-0). Page 1 of 01-28-10 ZBA Minutes Chairman Duer explained that the .Zoning Board of Adjustment is different from other boards and commissions because °by state statue for a variance to be approved, it requires a super majority. > He explained we area 5 member voting board with two alternates. Therefore four affirmative votes will be needed for the variance. 5. ~A 2009-02 A Public Hearing is being held to consider a request from Elaine Sapp for a variance to the requirement that two covered .parking spaces be provided on lots in the R 2 zoning district. These requirements are specified in Section 118-314(2) of the City of North Richlarfd Hills Code of Ordinances. The subject property is located at 5117 Colorado Boulevard. Elaine Sapp, 5117 Colorado Blvd. came forth and .gave oath. She said it is her intent to abide by :the city :code and ordinances however, .while reviewing the .plans for the double carport and the amount of space it will take up, she became ..aware that this would be an intrusion to meet the needs of her special needs ,granddaughter and what the state of Texas requires for her. Texas law to special needs children states that "all efforts be exhausted and all resources be attainable" in an effort to .the keep the disabled person in the home. She stated her granddaughter Haley, was first diagnosed `at the age of 3 and is now 13 years old. She is diagnosed with Pervasive Developmental Disorder, a form of autism, as well as Oppositional befance Disorder. She said this means she has meltdowns that are very extreme and requires a certain amount of space in the backyard for .occupational therapy equipment, such as trampoline and special swings. Her anger is`defused in the backyard on he equipment. BISD picks her up in a special needs bus, takes her to the .Shannon Learning Center :and to her childcare'provider'in the afternoon. She requires one on one care`and does not understand boundaries. She needs a securely locked fence around the backyard or she will walk out. The carport building would create a dangerous situation 'for her during the building stage ,:and afterwards. Without ample space in the backyard, other children cannot play with Haley because she :becomes a threat to them in closed in spaces. Mrs. Sapp stated the second reason for the variance request is due to her inability to pay for the labor and supplies for the covered parking, cement -and new fence required. In March 2008 she said her husband passed away unexpectedly and {eft her with no income as he was the wage earner. She was forced to file Chapter 11 Bankruptcy in order take care of business. She stated that the reason she has a :built-in garage is due to her .husband deciding that in November 2007 he':wanted her to semi-retire. The older daughter and her family moved into the house, so .her husband was trying to fix the garage for them to Page 2 of 01-28-10 ZBA Minutes stay,in. He had a brain.:hemorrhage in the middle of the incomplete bathroom floor.< This room will eventually become the room for the disabled granddaughter who will have to live :with her family for the -rest of her life. The state requires, if possible,- as .long as you can :within ,your home boundaries. They provide services #o,help the family instead of having her institutionalized. Mrs. Sapp aid'the week after. her husband died is when she received her first letter from the City of North Richland that she needed #o either convert the home back into a garage or build a carport. At that time she ':had no money and was not working: .She was not allowed to borrow money due to the bankruptcy. At this time she is still not able to make the repairs although she-wants to abide by the rules and ordinances and comply with the City. Mrs. Sapp stated these are the reasons why she is submitting the request for the variance in hopes to come up with a solution. Chairman Duer :asked everyone in the audience who was going to speak for or against to raise their right hands and take the oath. Ray Stanford, 5112 Colorado Blvd, came forward speaking , in favor of the variance and because. he knew her husband had died ;and was most likely on fixed income..1-1e was not aware of the other issues : he faced, but feels like it should be granted. Jeff Paul, 5125 Colorado Blvd: came #orward stating he has lived there for almost twenty years and is not opposed to any garage conversion. He is opposed to the airconditioner a'nd :heating .unit on the outside of the house, the`washer and dryer on the back :patio, and waterlines on the outside of the house for the washer and dryer. He -asked he Commission to think about would they want to live next to that? He stated he ::-felt bad to even speak .against this :because it is an unfortunate et of circumstances, but he-is trying o protect his fiome investment and his future in the evenf he sells, moves or retires. He has completed many upgrades and improvements` in his home and _has pulled permits on everything. He uggested that ~ if the conversion -cannot be done properly;- it should not be done at all.:. Brian Crowson asketl if Mr. Paul's main concern was the air conditioner and washer and dryer being an eyesore? .Since the City'is wanting a carport/covered patio there wou'Id be no changes o those issues. Mr. Paul said that if the garage conversion was :done with a permit, none of this :would be allowed during the `inspection :process. Page 3 of 01-28-10 ZBA Minutes ,Bill Gibbs asked if Mr. Paul had a carport, there was a general discussion about -.:the aerial property, .neighboring addresses and where Mr. Paul's property was as 'opposed to Mrs. Sapp's property. Mrs.-Sapp. stated that she has already received correspondence from Code Enforcement and is getting an estimate on when the plumbing would be :completed, so that is being addressed. :Regarding the patio, she doesn't think there is any code #hat restricts the washer and dryer or air conditioner where it is. She cannot say why her husband did what he did, but knows there is an issue with the plumbing and intends on correcting it. -Mr. Crowson :asked for clarification on °vvhat .her plans on the plumbing was,-to move it back inside? Mrs. Sapp answered to get plumber to determine what it takes to get it brought to -City code. Chairman Duer asked if anyone else wanted to speak for or against o come :forward. `David Pendley came forward to give a revievv from the City Staff and discuss the °history of-the case. In March 2008 there was an initial complaint that Code Enforcement addressed the enclosed garage without a permit. As stated in the Code of Ordinances for North Richland Hills, you have to provide two -covered parking spaces .behind the building dine to meet the zoning ordinance: .After some time went by, Code sent a notice of violation. Due to circumstances, a few extensions were granted to Mrs. Sapp to get'this corrected. Mr. Pendley continued saying a covered parking permit was .:pulled in late spring of 2009. He'said the reason why the covered parking permit was pulled' and not a building permit for enclosing the garage is because that is a violation: We do not 'issue permits to enclose garages. We do issue permits to build carports to replace the garage, and sometimes one for. the carport and one for the garage enclosure. That is usually a .rarity because we want to make .sure-the covered parking is there first .before the garage 'is enclosed. There has not been a permit issued forenclosing the garage at`this point.:Depending on the circumstances of this meeting or whatever future actions Mrs. Sapp may take, that garage enclosure will have to be :revisited and a permit will have to be issued. In addition there are other building related .issues that he would ike the Board and Mrs: Sapp to be aware of but they have no effect on the' Zoning <Board of Adjustment. The :Code says if you #urn a portion of your house into a bedroom, you have to have emergency egress `windows and smoke detectors. There is also a concern that if this garage is considered a stand alone apartment, that cannot be accomplished -if this house is eligible to meet the granny flat requirements. Page 4 of 01-28-10 ZBA Minutes Mr. Pendley continued saying there are two issues hat :Code Enforcement is dealing with presently: The first one is the .plumbing installed .outside the building. It has to be protected from damage and freezing'<and that would also include the washer sitting outdoors, which would not be allowed in North Richland :Hills. The outdoor plumbing would also -need to be moved indoors because itis not protected. 'lt-may or may not be connected :properly but that can only be assumed because thaf has not been addressed. The second issue Code Enforcement is working on has to do with the outdoor :conditions of the rear yard regarding .unsightly .Mutter. ' If the variances are :granted then Staff would recommend any motions would include addressing these twa issues. Chairman Duer confirmed #hat the only thing the variance is asking is the requirement of covered parking, not a carport? Mr. Pendley said yes, that is correct. Though there is anon-conforming carport next door,-that is not where the' City is heading planning wise. The variance is for the carport requirement which would open the :door :-for the .garage to be converted with a permit. Mr. Housewright asked where would the carport go? Mr. Pendley answered there is space for a carport on the back of the house on the west. There was a general discussion about if Mrs. Sapp would be required to pour a driveway and cut the curb. Fonda Kunkle asked about Mi-. Paul's conforming carport and if Mrs. Sapp could grandfather hers as well. Mr. Pendley stated Mr. Paul's carport was built before the City Council tightened up the carport regulations around 2000. The carports built before the ordinance change can e-remain and stay nonconforming. But to build a' new one would be a violation and would be required to obtain a variance from the' Zoning Board. Mr. Housewright asked how long does the grandfather clause last? Mr. Pendley said two things could happen. It could be=destroyed by wind, fire or damage or the City Council could make a change to remove existing carports. Bill Gibbs asked if the ariance was granted would .Mrs. Sapp still have to face the issues with the garage and he plumbing. He asked if there would be any way she could get the washer and dryer to conform the way it is. Mr. Pendley said yes, if a°variance was granted a permit would be needed almost immediately. The dryer is °acceptable but the washer is an issue because of the Page 5 of 01-28-10 ZBA Minutes -water and the possibility of #reezing on the outside of the building. When water freezes in the outside faucet`and could create a larger issue because the water'in the hose°is`still under pressure. -Jerry Henry asked if by moving the carport and .putting .two covered parking 'spaces in the back .yard, that it appears there would be adequate room for the trampoline and swings. He asked if Staff has'a position or comment on hat. Mr. Pendley said there are plans for a carport #o .fit _in the back yard but it just didn't occur.. He stated that this is just` a difficult'case, as everyone is #inding out. The lot would support a carport and it doesn't give Staff much to change around. Brian Crowson .asked if the wire over the area where the carport would be built will be an issue? Mr. Pendley said the guy wire that is' located in that area could be` moved with no .major problems as it is a routine procedure. - Robert Housewright asked if Mrs. Sapp would be required to park her car under the carport? Mr. Pendley said no, she would not. Chairman Duer closed the Public Hearing and asked for discussion from the :Board. Bill Gibbs asked if a variance can be granted far a limited period of time r Bryn Meredith said if the Board finds .that an actual hardship exists with respect to the real estate ,property, the Board can .impose a limitation on the duration of the variance. ,. Bill Gibbs motioned that the variance' be approved for a period of 24 months, during which time Mrs. Sapp will have to resolve the other issues on the property, or make a decision to forego the carport and go back to the garage situation. Mr. Pendley reminded the Board if they `make a motion to include the two outstanding items from Code Enforcement. ' Chairman Duer asked if the variance for the extension is approved, are there provisions of .when they would need to initiate the process on the garage ,conversion or carport? He states he'does not feel comfortable with the 24 .month extension without resolving the other issues that are not brought up'to code. -:Jerry Henry stated :the four findings of fact need to`be addressed in order to grant a variance and it needs to 'be reviewed because of the property. Page 6 of 01-28-10 ZBA Minutes ~, Mr. -Pendley stated even if -you .grant a temporary variance the building code .items that are life-safety related have to be addressed immediately. Bryn Meredith said he doesn't think granting any temporary orpermanent zoning relief in any way affects any code enforcement matter. That`can form the basis of the decision if the Board is struggling whether to` make those specific conditions <of the variance. Since there is a violation of he building code, Staff has the authority immediately to enforce that not withstanding`the variance. Chairman Duer asked for a'motion to approve or disapprove Bill Gibbs withdrew the .motion for the extension because the state statute requirements .cannot be met #or the variance and the criteria cannot be met. Bryn Meredith said the State Legislature has dictated what the criteria are meant to be and ahe City Council decided to echo their own criteria-in -the ordinance, which states unless the applicant can demonstrate the .extraordinary relief or measures that are necessary to request the relief, it should not be approved, but instead those sorts of issues should be addressed from a egislative standpoint. Chairman Duer asked if the 3oard can put a provision within their denial of a timeframe longer han what the normal city code would be? Bryn Meredith said unfortunately you cannot suspend the criminal enforcement arm of the city. If there is a motion to deny you can certainly express the Boards desire that enforcement be#old and Staff can take that under advisement. DENIAL Jerry Henry, motioned to tleny BA 2009-02 based on the fact that the request did not meet the following standards (a) literal enforcement of the controls will create an unnecessary hardship of.practical difficulty in the development of the affected property, (b) the situation causing the hardship is neither self imposed nor generally effecting all or most properties in the same zoning district, (c) the relief sought will not injure the permitted use of adjacent conforming properties, (d) the granting of the variance will be in harmony with the spirit and purpose of those regulations. The motion was seconded by Jim Kemp. The motion carried unanimously (5-0). Chairman Duer said based on this denial, the Board understands the situation and commented we would try to be as understanding as possible. He encouraged Mrs. Sapp to talk with City Staff for assistance. She stated at one point she was told a variance"was granted and an extension was made by David Pendley. Page 7 of 01-28-10 ZBA Minutes Mr. Pendley said there was some discussion, but a vananc~ was not granted. The discussion included some things the Board may possibiy'do, but putting the extra-wide parking and not putting in the carport is not acceptable. The conditions .are there to put in the carport but. no "road map" #o .grant the variance by not having the carport at all. Mrs. Sapp asked is it being suggested that in order to be able to meet the code, does she have #o hire somebody to tear out fier garage and leave` her'without a home? It was suggested hat she contact City Staff to work on these requirements and :find a solution: ` .ADJOURNMENT There being no other business, the chairman adjourned the meeting at 8:25 p.m. Chairman Tom Du . Page 8 of 01-28-10 ZBA Minutes ,,