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HomeMy WebLinkAboutZBA 2010-08-26 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS August 26, 2010 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 Jim Kemp Jerry Henry Brian Crowson Robert Housewright Absent Fonda Kunkel Bill Gibbs City Staff Director of Planning & Dev. John Pitstick Chief Planner Eric Wilhite Building Official David Pendley Dir. of Planning & Development John Pitstick Rep from City Attorney office Bryn Meredith Recording Secretary Gina Pastre 3, PLEDGE OF ALLEGIANCE 4. Consideration of Minutes from March 25, 2010 Zoning Board of Adjustment meeting. Jerry Henry, seconded by Jim Kemp, motioned to approve the minutes from March 25, 2010. The motion carried unanimously (5 -0). 5. BA2010 -02 Page 1 of 08/26/10 ZBA Minutes A Public Hearing to Consider a Request from Ernest & Jeanne Runyon for a variance to rebuild a nonconforming structure damaged by fire at 6337 Smithfield Road. Chairman Duer stated that the Zoning Board of Adjustment is a little bit different type of board. By state statute to get any variance approved or motion approved it takes a super majority which is 75 % or % motion to approve. With us being a 5 voting member board it requires 4 affirmative votes. So if a motion carries 3 -2 vote that does not pass based on the state statute of meeting the 75% majority. Dave Pendley came forward and stated that this is a request to continue or rebuild a nonconformity. The zoning where the house is located is the Smithfield TOD, Transit Oriented Development and with that zoning comes a lot of new requirements. Buildings that are built in this location have to be located closer to the street. The uses are restricted and the zone promotes mixed use development. On June 22, 2010 the Runyons suffered a fire which destroyed the house more than 50 %. Current TAD tax rolls value the house at $48,100 and that is what we are required by ordinance to use for determination. Once the damage exceeds 50% of that value then reconstruction cannot be done unless they get permission from Zoning Board of Adjustment. This limits the reconstruction to $24,050 and you will see here in the pictures that the value of reconstruction far exceeds that. The residence as it sits if it were to be rebuilt currently does not meet the front yard setbacks that are established by the new zoning district. In case the house would have to be moved to approximately 5 feet behind the property line. Right now it is sitting between 20 and 25 and that is a significant move and in that case they would not be able to reuse any of the foundation that is there. Moving the house would be a total rebuild. If it were built to the current TOD core the building would have to do one of two things. It could meet the TOD core zoning by building a 2 story structure where there is commercial uses on the ground floor and residential uses on the top floor. The TOD core zoning does allow single family residences but there is a number of things that would have to be done after that point. That would include moving the house up to the street and meeting architectural standards. The typical ranch style house with a gable roof doesn't really meet those type of standards. There is also masonry standards in the TOD core zone if it was to be rebuilt in accordance to the zone. A new structure if it was built to the TOD zoning would pretty much come up to where the tree line is in the front. Brian Crowson asked if that is in consideration of the proposed expansion of the road. Dave Pendley said yes. The funds aren't available yet for widening this road but from our public works department they are telling us they would need approximately 14 feet. Page 2 of 08/26/10 ZBA Minutes Brian Crowson said that the street would go back into that property 14 more feet and then from that point where would they be? Dave Pendley said that from that point it would be the sidewalk and then the building. Brian Crowson said that this is where the new proposed buildings are supposed to be. Dave Pendley said that from my personal experience when I was younger my family lost our home in a fire and we understand what the Runyons are going through but on the other side the possible development that may be going on in the near future. The rebuilding of the house could wind up sticking out because it wouldn't fit in with the zone any longer. These are just some things to be considered. Tom Duer asked who establishes that they can't rebuild in less than $24,100. Who sets that amount? Dave Pendley said that I set that amount. Tom Duer asked what type of internal damage was done to the house? Dave Pendley said that the house isn't a complete Toss. There is a lot of parts of it that just suffered smoke damage. But as you saw in that picture there is one side that has a hole and openings in the roof. There is a good part of it that they will have to take out all of the sheetrock, replace framing, studs. Everything inside has to be cleaned from top to bottom. You can't get rid of the smoke smell without removing all of the sheetrock. Because of the heat of the fire a good portion of the electric will have to be replaced. Tom Duer asked if a majority of the exterior walls still useable? Dave Pendley said yes. It doesn't take very long to get to $24,000. Robert Housewright asked if this TOD was accelerating what eventually might happen? Dave Pendley said that it isn't necessarily accelerating but it is preparing for the rail stop that is going to be there. Robert Housewright asked if they built back right where it is will they eventually have to move forward? Dave Pendley said that if the ZBA gives them permission to build back then it will stay there the way that it is. Page 3 of 08/26/10 ZBA Minutes Tom Duer asked if this is going to flourish into what our vision is for the TOD realistically are any of the these structures really going to stay? The property value is going to be such an extent that whoever buys it is a TOD piece of property will probably come through and want to build for a commercial value. In a real world are any of these structures even going to be standing once this is sold to a TOD type of standard. Dave Pendley said that it is very possible that could be removed. Tom Duer asked if these were all residential homes right now? John Pitstick said that the first set of homes is zoned for more commercial and residential is more behind on Arthur. Tom Duer asked if the ones fronting Smithfield the division is for more commercial use? Jerry Henry asked that when we rezone an area like this from residential to TOD what triggers the actual change of usage on each lot? If they sell it are they restricted when does it trigger to the TOD requirements? Dave Pendley said that selling it and keeping it as a residence would be acceptable. Eric Wilhite said that it would be a legal existing non conforming use. Dave Pendley said that this say that they had a kitchen fire and that is all that is was then we could have issued a permit for the repairs for the house to continue. What triggered this was the fire damage and TAD has their value down at $48,100 and that is what we are required to use. Tom Duer asked if the real estate and the building are valued at $48,100. Dave Pendley said no. That is just the value for the structure. Tom Duer asked what they were valuing the real estate at? Dave Pendley said that he thinks that is was around $68,000. Jerry Henry asked if this was going to be a situation where when the rail station is built will the highest and best use take over and you condemn the buildings and turn it into the TOD. Dave Pendley said no. Page 4 of 08/26/10 ZBA Minutes Jerry Henry asked that as long as it is there they can sell it for the same purpose? John Pitstick said yes. A good example of that is downtown Grapevine. If you go one block off there are other buildings that don't really conform to that and over time it moves in that direction. Eric Wilhite said that the best scenario is that a master developer would come in and pay fair market value for all that, consolidate the properties and develop it under the TOD code. But due to the fact that we legal existing non conforming uses they fall under just like they would any other non conforming status in the ordinance. They just happen to have one of the mechanisms with the damages that triggered that where they would have to get permission to rebuild. Bryn Meredith said that typically it is destruction, discontinuation of use or abandonment of use for a certain period of time. Otherwise the grandfather status is indefinite unless the board forcibly amortizes the non conforming use which requires compensating the property owner. Tom Duer asked if the rezoning to the TOD was initiated by the city? John Pitstick said yes. Tom Duer asked if all of the property owners were notified and had public hearings? Dave Pendley said that there were public meetings and stakeholder meetings and at that time there were wasn't any opposition. Ernest Runyon, 6337 Smithfield Rd, NRH, TX came forward and stated that he is the property owner. The insurance company would like us to rebuild our home. They are only going to pay us for what damage is done to the house and they have already issued our check. According to the zoning laws we cannot rebuild yet so that is why we are here. The TAD values for the property have decreased in the past 5 years. It is our home and we have lived there 14 years and it is getting busier and we were opposed to the shopping center going in across the street. Traffic has increased quite a bit and it is going to get worse. I am not real happy with the TAD values of course we all know that it isn't a realistic value of the house, The current market value is considerably higher. The insured value is considerably higher and based on TAD value I might as well give it up now. Tom Duer asked if they minded divulging what the insurance company thinks that it will cost to get it rebuilt? Ernest Runyon said approximately $75,000 to $80,000. Page 5 of 08/26/10 ZBA Minutes Robert Housewright asked if it was their intent to build back? Ernest Runyon said initially yes. But now that I have had 6 weeks to ponder and look and check out my options and speak to the city officials and investors. Yes it is my home and I would still like to live there but is it reality probably not. Like you were saying in another 3 -5 years I might be forced to move anyway. Robert Housewright asked what happens if you don't rebuild? Ernest Runyon said that he would keep it as an investment property. Robert Housewright asked if the insurance company was going to require him to rebuild? Ernest Runyon said yes. At this point they state that it is not a 100% loss and they are not required to pay 100% unless it is a complete loss. Brian Crowson asked if he had the building ordinance clause in your insurance? Ernest Runyon said yes. Brian Crowson said than it should give you anywhere from 10 -25% additional coverage for such as building ordinances. Ernest Runyon said that he isn't sure what the percentage is but when things started getting to that point I hired an attorney. Brian Crowson said that he would think that if you have that clause that you would be able to fight the insurance because of the city ordinance change and if you have that clause in there then they would pay based on that. The city has stated that the new ordinances have changed and therefore they would have to declare it a total loss. Ernest Runyon said that he did notify the insurance company once I had remembered that the city had made a zoning change. I talked to the insurance adjustor for the structure and I had already told him to go ahead and get a contractor to get started doing what they needed to do. When I called him back to let him know about the zoning change he told me that we will only pay what the damage is. That is where he left it with us and a couple weeks later I hired an attorney and he advised me that they would have to pay 100% if the city declares that you can't rebuild there. Brian Crowson said especially if you have that clause in your insurance policy. Tom Duer asked what incentive does the insurance company have to spend $75,000 to $80,000 to rebuild a house that is only valued at $48,000? Page 6 of 08/26/10 ZBA Minutes Bryn Meredith said that I'd be cautious about providing factual information for the case since you are the fact finders. You want to be careful about actually providing relevant testimony towards the outcome. Jerry Henry said that it sounds like that you already have a check from the insurance company that is more than what the city staff has reported was 50% of the value. It sounds like in the last couple weeks that it seems that you have come to conclusion that with your insurance policy the way it is that you can possibly get 100% loss here but I also hear you saying that you don't want to take that and rebuild at the TOD standards. You aren't interested in building a commercial property and living above it? Ernest Runyon said no. I don't have those kinds of funds. Jerry Henry asked if he is withdrawing his request asking us to grant your ability to rebuild it? Ernest Runyon said no. Tom Duer asked if we turn him down then the only thing he could do would be to rebuild to the new TOD ordinance. John Pitstick said that he would have to conform to the new TOD. Tom Duer said that in order for him to do that he would have to start over and totally rebuild. Jerry Henry said that first floor would have to be 15 feet tall. Public Hearing opened 7:25 p.m. Chairman Duer asked if there is anyone wishing to speak in favor or against BA2010 -02? Michelle Thomas, 6333 Smithfield Rd, NRH, TX 76180 came forward to speak against BA 2010 -02. I have a development request in progress where we would like to build a 2 to 3 story structure with commercial on the bottom and residential on top that would meet the new TOD requirements. The look would be consistent with the pictures that were in the TOD proposals and I think that it would be in the city's best interest to not allow the Runyon's to rebuild. I think that it would give a more consistent look and flow to what the city is trying to achieve. Financially speaking if they were to put that money into this property and when they try to sell the house and with prior experience as a licensed real estate agent. They won't be able to sell the house as residential home except to a cash buyer because it won't appraise except as highest and best use which is Page 7 of 08/26/10 ZBA Minutes then going to be commercial. This is going to lock them in to needing to find a cash buyer for a residence. Just because TAD lists them at 48,000 - $60,000 doesn't mean that is what their mortgage payment would be a month. Even though they rebuild and it is insurance money and they have their deductible they are still going to have an investment in there that would eventually lead into a financial hardship. I would be more in favor of them putting something up that is consistent with the new TOD style construction. With no one else wishing to speak Public Hearing was closed at 7:28 p.m. Tom Duer asked if the city had received any written correspondence on this matter? John Pitstick said no. DENIED Jerry Henry motioned to deny BA 2010 -02, seconded by Robert Housewright. The motion carried (3 -2). Jerry Henry, Robert Housewright, Brian Crowson voted to deny the request, Tom Duer and Jim Kemp voted against the motion. Bryn Meredith the representative from the city attorney's office stated that the motion to deny carries because this board does not require a super majority vote to deny. Under state law the super majority vote is only required in order to grant relief. Therefore regular parliamentary rules apply for anything other than a granting of relief. So a 3 -2 motion to deny passes in this instance. ADJOURNMENT There being no other business, the chairman adjourned the meeting at 7:30 p.m. Chairman Tom Duer Page 8 of 08/26/10 ZBA Minutes