HomeMy WebLinkAboutPZ 2010-09-23 MinutesMINUTES OF THE REGULAR MEETING OF THE
ZONING BOARD OF ADJUSTMENT OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
SEPTEMBER 23, 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
Bill Gibbs
Absent
City Staff Chief Planner
Director of Planning & Dev
Building Official
Recording Secretary
Fonda Kunkel
Robert Housewright
Eric Wilhite
John Pitstick
David Pendley
Teresa Koontz
3.
PLEDGE OF ALLEGIANCE
4.
Consideration of Minutes from August 26, 2010 Zoning Board of
Adjustment meeting.
Jim Kemp, seconded by Brian Crowson, motioned to approve the minutes
from August 26, 2010. The motion carried unanimously (5 -0).
5.
BA2010 -03
A Public Hearing to Consider a Request from John McNary to rebuild a
nonconforming structure damaged by fire at 6433 Wakefield 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
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it takes a super majority which is 75 % or 3 /a 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.
Chairman Duer opened the Public Hearing and asked staff to present the case.
Eric Wilhite came forward stating the property is now vacant where the fire
occurred and it is a single family lot size in a residential subdivision. In 1971 the
property was platted, and in 1977 instead of duplexes going in, single family
residences were done. No duplexes are located on the street at all. When staff
was reviewing the case, the Comprehensive Land Use Plan was reviewed and it
shows low density residential for the area as well. Mr. Wilhite showed some
photos that were taken by staff of the surrounding properties. Then it was stated
that Mr. McNary wishes to reconstruct the residential structure as it was before,
using the existing slab. The new residence will be consistent with the
surrounding homes in the neighborhood and it makes no sense to build a duplex
in that area with single family homes.
Chairman Duer asked if all the lots that are R -4 -D built with no empty lots and as
single family homes?
Eric Wilhite said yes, that is correct.
Chairman Duer asked what provisions do we have, if any, when we see
something like this happen after the fact, that the City would not come in and
rezone it R -3?
Eric Wilhite said the city could initiate discussions and contact all the
homeowners in that subdivision and make sure they are in agreement. It was
stated that they probably would be. Other development standards for zoning
would need to be considered such as two different provisions in our ordinances
(1) the zoning regulations for R -2 or R -3 which would allow the front entry
garages or additional setbacks which probably most of them would. If we did
take it to R -3 with the existing structures that are there, he stated, I don't think it
would be in non - conformance as it relates to the minimum dwelling unit size.
When it was platted it gets to be smaller if the property was platted after 1989,
but most of the setbacks would meet R -3 requirements.
Chairman Duer asked if anyone knows the history of why this one street was
zoned this way?
Eric Wilhite said Staff researched that to some extent but since it was done in the
1970's there were not a lot of records. Staff made an assumption that cumulative
zoning was used back then and this would be allowed. As long as you did R -4 -D
or less, you could go single family. Most duplexes these days make the
common wall between the units on the common lot line but there are many times
when a duplex is constructed on a single lot and the person lives on one side and
rents out the other.
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John Pitstick said the best thing we can determine is that it looks like when it was
originally zoned and built on it that it was conforming. Then when we updated
the Zoning Ordinance in the 1980's the cumulative zoning for some reason went
away. Now it requires duplex to fit the zoning district.
Eric Wilhite said he doesn't think that was the intended purpose when the
ordinance got updated it just got more clarified and more delineated on different
zoning classifications that it had. He said there were a few more lots that were
like this but not R -4 duplexes and certainly not a single street in the middle of a
subdivision. This subdivision was all done at the same time and is pretty much a
unified subdivision with the same plat name.
John McNary was sworn in. He said he owns the lot at 6433 Wakefield in North
Richland Hills. Houses on both sides are single family, it lot is zoned duplex.
The 3 -2 -2 burned down and he wishes to rebuild a 3 -2 -2 on the property similar
to existing houses on the street with living area 1455 sq, ft, slab 1820 sq, ft.
Chairman Duer asked if anyone wishing to speak for or against the case to come
forward. Seeing none he closed the Public Hearing and opened up for a motion
or discussion by the Board.
APPROVED
Jim Kemp motioned to approve BA 2010 -03, seconded by Bill Gibbs. The
motion carried (5 -0). The motion was unanimous.
Bill Gibbs made additional comment and motioned that the City Staff and City
Council consider rezoning the entire street to eliminate other homeowners from
running into this situation in the future. There was a general discussion
regarding the current and previous zoning requirements on single family
residential. Jim Kemp seconded the motion.
Chairman Duer asked if Mr. McNary have his filing fee for this case go towards
his building permit? Staff said they can look at waiving a portion of the building
permit fee but that can't be determined at this time until he makes application.
ADJOURNMENT
There being no other business, the chairman adjourned the meeting at 7:20 p.m.
Chairman
Tom Duer
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