HomeMy WebLinkAboutZBA 2010-03-25 Minutes MINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF ADJUSTMENT OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
MARCH 25, 2010
1.
CALL TO ORDER
The meeting was called to order by Chairman Tom Duer at 6:30 p.m.
2.
ROLL CALL
Present Chairman Tom Duer
Fonda Kunkel
Jim Kemp
Jerry Henry
Bill Gibbs
Brian Crowson
Robert Housewright
City Staff Building Official David Pendley
Dir. of Planning & Development John Pitstick
Recording Secretary Teresa Koontz
3,
PLEDGE OF ALLEGIANCE
4.
CONSIDERATION OF MINUTES FROM JANUARY 28, 2010 ZONING BOARD
OF ADJUSTMENT MEETING.
Jerry Henry made a correction to the minutes on Page 7. It should clearly state
that is was denied based on the fact that it does not meet the four findings of
fact.
Jim Kemp, seconded by Jerry Henry, motioned to approve the minutes
from January 28, 2010 with said corrections.. The motion carried
unanimously (5 -0).
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
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approved, it requires a super majority. He explained we are a 5 member voting
board with two alternates. Therefore four affirmative votes will be needed for the
variance.
5.
BA 2010 -01
A Public Hearing to Consider a Request from Duane Renfro for a Variance
to locate a wrought iron fence more than 4 feet tall in the front yard at 7228
Bursey Road. Fencing requirements are specified in Section 118- 873(c) of
the City of North Richland Hills Code of Ordinances.
Duane Renfro, 7228 Bursey Road, NRH came forward and was sworn by
Chairman Duer. He stated they are asking for a variance to install a 6 ft. tall
wrought iron fence with electric and self latching gates to replace the existing 3 ft.
picket fence. Mr. Renfro stated that Bursey Road has become extremely busy
and due to security reasons they wish to install the exact fence they installed with
their pool. If they comply with the 25 ft. build line, it would wipe out a complete
row of older oak trees, so they are asking to install the fence where the current
fence is located.
Chairman Duer opened the Public Hearing at 7:01 p.m.
Bill Gibbs asked if it was the same style fence that he already has around the
pool.
Mr. Renfro said yes, with the exception of being 6 ft. tall and with columns.
Mr. Gibbs asked if there as a requirement for footings and standards on how they
are built.
Dave Pendley said yes there are.
Chairman Duer asked for the aerial and there was a lengthy discussion regarding
the tree line and current set backs. They discussed the cyclone fence on
neighbor's property.
Jerry Henry asked if it were 5 -8 ft. from the current fence to the trees?
Mr. Renfro said yes that was correct.
Chairman Duer asked roughly what was the distance from the curb to the current
fence.
Mr. Renfro said he believes about was about 15 -18 ft.
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Chairman Duer stated City Staff said it was far enough off the road where you
could park your car off of Bursey while the fence is opening up and asked for
clarification stating that was a concern.
Jerry Henry asked about items # 5 and #6 stating security as a reason for the
variance.
Mr. Renfro stated that he has called the Police Department several times
because the property across the street have thrown "make shift bombs" and fire
crackers on to his property. But his main security concern is due to the traffic
and future development on Bursey Road, he would rather secure his property by
installing a 6 ft. fence to eliminate people from coming on to his property.
Chairman Duer asked if anyone else wished to speak for or against the hearing
or correspondence by mail? Seeing none, he closed the Public Hearing at 7:12
p.m.
Jerry Henry motioned to approve BA 2010 -01 due to the four findings of fact as
structured by this Board. The property is already developed and does not create
an unnecessary hardship of the affected property. When they widened Bursey
Road this situation was created so it is not self imposed. The testimony tonight
and comments made from the Board show that the situation has changed
dramatically creating a security issue for the homeowner. The fence will not
injure the adjoining property, it would most likely enhance it. Since City Staff has
not spoken out that this is a problem, granting the variance will be in harmony
with the spirit and purpose of these regulations.
APPROVED
Jerry Henry motioned to approve BA 2010 -01, seconded by Bill Gibbs. The
motion carried unanimously (5 -0).
ADJOURNMENT
There being no other business, the chairman adjourned the meeting at 7:15 p.m.
Chairman
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Tom Duer
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