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Home My WebLink AboutZBA 2014-08-28 Minutes MINUTES OF THE WORK SESSION MEETING OF THE ZONING BOARD OF ADJUSTMENT CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 28, 2014 The meeting was called to order by Chairman Tom Duer at 6:30 p.m. PRESENT AT THE MEETING WERE : PRESENT Chairman Tom Duer Fonda Kunkle Doris Elston Brian Crowson Bill Gibbs Robert Housewright ABSENT Jim Kemp CITY STAFF Director of Planning & Dev. John Pitstick Building Official Dave Pendley Senior Planner Clayton Comstock Recording Secretary Katasha Smithers City Attorney Representative Fritz Quast 1. Administration of Oath of Office to Board Members Crowson, Kunkel, Gibbs, Elston. Clayton Comstock swore Brian Crowson, Fonda Kunkel, Bill Gibbs, and Doris Elston. August28,2014 ZBA Meting Page 1 2. Election of Officers to the Zoning Board of Adjustment. Bill Gibbs nominated Tom Duer for Chairman, seconded by Robert Housewright. The nomination carried (5-0). Fonda Kunkel nominated Bill Gibbs as Vice-Chairman, seconded by Brian Crowson The nomination carried (5-0). 3. Discussion of Item on the August 28, 2014 Zoning Board of Adjustment Regular Session Agenda. Clayton Comstock presented the item for discussion for tonight's meeting. The Work Session adjourned at 6.49 p.m. Chairman Tom Duer August 28,2014 ZBA Meting Page 2 MINUTES OF THE MEETING OF THE ZONING BOARD OF ADJUSTMENT CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 28, 2014 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 Kunkle Doris Elston Brian Crowson Bill Gibbs Robert Housewright ABSENT Jim Kemp CITY STAFF Director of Planning & Dev. John Pitstick Building Official Dave Pendley Senior Planner Clayton Comstock Recording Secretary Katasha Smithers City Attorney Representative Fritz Quast 3. PLEDGE OF ALLEGIANCE Tom Duer led the Pledge of Allegiance. 4. CONSIDERATION OF MINUTES FROM THE OCTOBER 22, 2013 MEETING August 28,2014 ZBA Meting Page 3 Bill Gibbs motioned to approve the minutes from the October 22, 2013 meeting. The motion was seconded by Fonda Kunkel and approved (5-0) 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. Chairman Duer opened the Public Hearing and asked staff to present the case 5. BA 2014-01 A PUBLIC HEARING TO CONSIDER A REQUEST FROM MARK S WOOD FOR A VARIANCE TO THE FRONT YARD SETBACK FOR LOT 12, BLOCK 1, HARMON FARMS ADDITION AS SPECIFIED IN SECTION 118-313 OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES. Clayton Comstock presented the item on behalf of staff. Chairman Duer called the applicant forward Applicant Mark Howe, 3100 Cads Brooke Ct Colleyville, TX is representing NRH Tarrant Properties. I brought some exhibits that I would like to show everyone. Our request is to change the side yard/south set back on this lot from 20 feet to 15 feet. Our builder requires a building pad of 59-60 feet by 80 feet The only way they can face this house and meet their requirements is to face the house to the east. When we were planning this subdivision we decided to not apply for a building permit to have a variance and this is an item that P & Z cannot approve but ZBA can. We made the submittal and went through a requirement list. But the staff said we needed to have a Disapproval for a building permit to come in front of ZBA, we decided to skip the initial step and just apply to go in front of the ZBA Board. We had 4 different tracks of land that we bought; we attempted to buy additional properties which we could not do We started out with the drainage plan, we assigned 2 detention ponds. We went through a re-design, the detention pond was the size of lot size and we needed to take up all the water. Once we did that it shifted the lots around and had further compaction on the backyard. Our goal is to create a nice subdivision. Our builder is K Hovnanian Homes, their first rendition on this property, start at $400,000 to $500,000. The built line would be helpful to us for this variance to pass so they can build a good quality home. Robert Housewright asked if the water will be an issue? Or drainage? It is more an aesthetic issue. You will diminish the size of the house in the rest of the home in the neighborhood. August28,2014 ZBA Meting Page 4 Mark Howe said No, the drainage is off the lot. It is the quality issue. This is a 13,000 sq feet lot; the area with the 20 feet BL is in the backyard has 2150sq feet. If you go to a 15 foot build line you would have 2472 square feet. Which if you go back to the 80 feet pad we will not be at the 20% of a backyard that we need. I am asking if we get approval of our variance if we can get an approval of the backyard not meeting the 20% for the backyard, can be whatever it is If we stick with a 20 foot build line we think it is a hardship. The second question is the situation self-imposed. We do not think it is self-imposed; we had to refigure certain things that we did not bring on ourselves. 3, will not injure the adjacent properties, it will not inhibit but enhance the overall project. We do not think that the 15 feet encroach on traffic issue, streets, speeding, etc. Granting of the variance is in harmony and we think it is. The fact is that the yard is mostly outside of the fence, big side yard. That is my request. Brian Crowson asked is there a minimum square feet want to do on this lot or smaller home can be put on the home with the 20 foot built line that still meets the requirements? Mark Howe, they are going meet the minimum of 2000 square feet minimum no matter what but they want 3400 to 4500 square foot homes. And more 4000 to 4500 square feet or more. When they come into a project they look for minimum width and depth. The ordinances in this city are hard to meet and complicate things. The 20% rear yard by this city can be interpreted differently. On a standard 9000 square foot lot, you cannot build 80 feet deep, you can only build up to 76 feet deep. Bill Gibbs asked Mark if he was asking for 2 variances? Mark Howe states he is asking for the rear yard to be whatever percentage it might be and the variance for the 15 foot build line Bill Gibbs concerning the second percentage..) am uncomfortable than o% can you do less than 20% Mark Howe states yes I can Dave Pendley, Building Official, interrupts and says if you have a L shape rear that pocket is part of the backyard, if you put a roof over it, it is not. Chairman Tom Duer speaks about the hammerhead, the hammer head will be at the rear of the lot. So another home would not be near it. Mark Howe goes and points out where the hammerhead will be at on the Power point. Chairman Tom Duer asks how wide is the hammerhead? Discussion begins of the width size and they came up with between 12-15 feet August 28,2014 ZBA Meting Page 5 Chairman Duer opens the public hearing, since seeing none closed the public hearing and opens up to discussion or motion by the board. General Discussion begins between board members. Fritz Quast, a representative of the City's Attorney's office spoke saying that the applicant has only one variance that is the 15 foot built line, not the percentage of the rear yard. Discussion begins between board members and motion by the board is started. APPROVED Bill Gibbs motioned to approve BA 2014-01. Robert Housewright seconded the motion. The motion passed unanimously (5-0). 6. ADJOURNMENT There being no other business, the meeting adjourned at 7.40 pm. Chairman Tom Duer August 28,2014 ZBA Meting Page 6