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HomeMy WebLinkAboutZBA 2015-05-28 MinutesMINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MAY 28, 2015 WORK SESSION The Zoning Board of Adjustment of the City of North Richland Hills, Texas met in work session on the 28th day of May 2015 at 6:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular session. Present: Tom Duer Jim Kemp Robert Housewright Doris Elston Absent: Brian Crowson Fonda Kunkle Bill Gibbs City Staff: Clayton Comstock Clayton Husband David Pendley Stefanie Martinez Dean Roggia Cheryl Booth Call to Order Place 5, Chairman Place 1 Place 3, Alternate Place 7 Place 2, Alternate Place 4 Place 6 Planning Manager Principal Planner Building Official Director - Neighborhood Services City Attorney Recording Secretary Chairman Duer called the meeting to order at 6:32 p.m. 1.0 Discussion of items on the May 28, 2015 Zoning Board of Adjustment Regular Session Agenda. Planning Manager Clayton Comstock presented announcements of upcoming summer programs involving the Zoning Board of Adjustment. He welcomed Stefanie Martinez, Director of Neighborhood Services, who started on 01 -27 -2015. He welcomed Principal Planner, Clayton Husband, who started on 05 -18 -2015. Building Official David Pendley presented case BA 2015 -02 to the board. BA 2015 -02 is a public hearing to consider a request from Brent Allen on behalf of Mark Stonitsch for authorization of a building permit at 6312 Buckingham Trail to repair a non - conforming building that has been damaged by fire by more than 50% of its appraised value per Section 118 - 152(2) of the Zoning Ordinance. The repair value of the house exceeds fifty (50) % of Tarrant Appraisal District (TAD) value. The homeowner took possession of May 28, 2015 ZBA Minutes Page 1 this property in 1973, at which time the garage was already enclosed. Current code requires two parking spaces behind the build line and two parking spaces in front of the build line. At some time, concrete was added to bring the garage floor up to the level of the breakfast nook. The current TAD home value is $74,775. Based upon the 50% ratio, the maximum repair value that staff can approve is $37,350. The home is vacant now. Approximately seventy five percent of the home has been gutted. The building plans originally submitted was to remove the wall between the nook and the utility room. A building permit was approved for that scope of work. The actual work completed exceeds that approved scope of work. That change in scope brings the value outside of the allowable parameters. The insurance report shows repair value of $82,000. Chairman Duer asked if the total square footage includes the converted garage as living space. David Pendley responded that the living space right now is 1,770 square feet, which includes the converted garage as living space. David Pendley stated that there has been a call from one neighbor interested in this application, who stated they wanted to see this repair job completed quickly. The observation was also made that this home is the only one with a converted garage on that street. Chairman Duer inquired if the homeowner's intent is to move back into this home or to convert this to a rental property. David Pendley answered that it was their intent to move back into the home. Board has three options in this case. • Approve the appeal • Deny the appeal • Postpone to a later meeting Planning Manager Clayton Comstock presented case BA 2015 -03 to the board. BA 2015 -03 is a public hearing to consider a request from Matt Weinrich for a variance request from multiple provisions of Section 118 -718 of the Zoning Ordinance as they relate to accessory building and structure standards at 4901 Susan Lee Lane. For variance approval, the Zoning Ordinance requires the Zoning Board of Adjustment to make findings and show in its minutes that: Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. The situation causing the hardship or difficulty is neither self- imposed nor generally affecting all or most properties in the same zoning district. The relief sought will not injure the permitted use of adjacent confirming property May 28, 2015 ZBA Minutes Page 2 • The granting of the variance will be in harmony with the spirt and purposes of these regulations. Board has three options in this case. • Approve one or more of the variances as presented, allowing the accessory building to be built at fifteen feet in height, one foot from the property line, and /or building material other than conventional masonry. • Deny one or more of the variances as presented, requiring compliance with the six -foot setback and masonry building material requirement. • Continue the public hearing to a future date for additional direction to staff and the applicant to consider alternate solutions as discussed by the Board. Aerial photos show a lot of outside storage. This property is across the street from Huggins Honda. The applicant's plans for the property include a permanent accessory structure for a garage and a cabana. The zoning ordinance allows only one permanent accessory structure per property. The applicant would have the ability in the future to apply for variances for an additional permanent accessory structure. The applicant proceeded to construct half of the building without obtaining a building permit. The new structure was noticed by the Neighborhood Services Department, who instructed Mr. Wienrich to seek ZBA approval prior to continuing construction. His plans indicate half of the building to be a "permanent" accessory building constructed of concrete masonry unit block to a height of 14 feet 9 inches and approximately 6 feet 2 inches from the property line. Although only partially complete, the building does meet the height and setback requirements. The remaining portion is shown on his plans to be a "temporary" accessory building of wood frame and wood siding built on a "raised block foundation with J- bolts" and attached to the "permanent" half. The applicant is seeking a setback of one foot from the property line. The minimum setback for a temporary structure is three feet from property line, and permanent structure is six feet. One variance request is for this setback to one foot. All accessory structures were constructed without a permit. The applicant states that he forgot to pull the permit. The brick structure is tall enough to hang a side of beef with a smoker fitting inside the structure. The maximum height for a permanent structure is fifteen feet and a temporary structure is twelve feet. Chairman Duer inquired about the lot size. Clayton Comstock responded that this is R -2 zoning with an eighty -foot wide lot. Other considerations for the board: • Staff has concerns that the property is being used for uses other than single family residential. Mr. Weinrich has a business called The Landscape Artist & Associates, LLC registered at this address. Section 118 -737 of the zoning ordinance specifically outlines the types of businesses that can be considered for customary home occupation. "Contractor's office" is specifically listed as a use that is not classified as a customary home occupation. If the applicant's storage May 28, 2015 ZBA Minutes Page 3 needs are driven by occupational requirements, then this aspect of the application should not be considered a hardship. • The applicant has provided an overall plan for future improvements to the property, which includes additional permanent accessory structures. A maximum of one permanent accessory structure is permitted by Section 118- 718(c)8 of the zoning ordinance, which does include detached garages. • The applicant is using the building for the storage and smoking of a significant amount of meat. The smoke caused by such an operation could cause problems with other residences in the area. Floor drains are also in place and discharge to an unknown location. 2.0 Adjournment There being no other business, Chairman Duer adjourned the meeting at 6:56 p.m. REGULAR ZONING BOARD OF ADJUSTMENT MEETING 1.0 CALL TO ORDER Chairman Duer called the May 28, 2015, meeting to order at 7:05 p.m. 2.0 ROLL CALL Present: Tom Duer Jim Kemp Robert Housewright Doris Elston Absent: Brian Crowson Fonda Kunkle Bill Gibbs City Staff: Clayton Comstock Clayton Husband David Pendley Stefanie Martinez Dean Roggia Cheryl Booth 3.0 PLEDGE OF ALLEGIANCE Place 5, Chairman Place 1 Place 3, Alternate Place 7 Place 2, Alternate Place 4 Place 6 Planning Manager Principal Planner Building Official Director - Neighborhood Services City Attorney Recording Secretary Chairman Duer led the Pledge of Allegiance. May 28, 2015 ZBA Minutes Page 4 4.0 CONSIDERATION OF MINUTES FROM THE JANUARY 22, 2015, ZONING BOARD OF ADJUSTMENT MEETING Jim Kemp motioned to the minutes from the January 22, 2015, meeting. The motion was seconded by Doris Elston and approved (4 -0). Chairman Duer clarified that the Zoning Board of Adjustment, by state statute and in order for a variance or appeal to pass, requires what is classified as a super - majority approval. This equates to seventy -five percent (75 %) affirmative vote of the eligible Board members in order to pass. In other words, four (4) affirmative of the four (4) eligible Board members this evening are required in order for a motion to pass. 5.0 BA 2015 -02 PUBLIC HEARING TO CONSIDER A REQUEST FROM BRENT ALLEN ON BEHALF OF MARK STONITSCH FOR AUTHORIZATION OF A BUILDING PERMIT TO REAPIR A NON CONFORMING BUILDING WHICH HAS BEEN DAMAGED BY FIRE BY MORE THAN 50% OF ITS APPRAISES VALUE PER SECTION 118 - 152(2) LOCATED AT 6312 BUCKINGHAM TRAIL. APPROVED Building Official David Pendley presented case BA 2015 -02 to the board. BA 2015 -02 is a public hearing to consider a request from Brent Allen on behalf of Mark Stonitsch for authorization of a building permit at 6312 Buckingham Trail to repair a non - conforming building that has been damaged by fire by more than 50% of its appraised value per Section 118- 152(2) of the Zoning Ordinance. The repair value of the house exceeds fifty (50) % of Tarrant Appraisal District (TAD) value. The homeowner took possession of this property in 1996, at which time the garage was already enclosed. Current code requires two parking spaces behind the build line and two parking spaces in front of the build line. At some time, concrete was added to bring the garage floor up to the level of the breakfast nook. The current TAD home value is $74,775. Based upon the 50% ratio, the maximum repair value that staff can approve is $37,350. The home is vacant now. Approximately seventy five percent of the home has been gutted. The building plans originally submitted were to remove the wall between the nook and the utility room. A building permit was approved for that scope of work. The actual work completed exceeds that approved scope of work. That change in scope brings the value outside of the allowable parameters. The insurance report shows repair value of $82,000. Staff is recommending that the exterior street - facing portal wall, formerly the garage door be brought up to current masonry standards. Board has two options in this case. • Deny permission to repair. Approve the repairs as is, including the continuation of the garage. This is considered a non - conforming structure and not a request for a variance. So, the four conditions that must apply for variance do not apply in this case. May 28, 2015 ZBA Minutes Page 5 Chairman Duer asked if this is classified as residential zoning. David Pendley responded that it is R -2 Residential. Chairman Duer asked since this is non - conforming, does it still fall within the super majority requirements. Attorney Dean Roggia responded that due to the number of Board members present, it would require unanimous agreement. Chairman Duer called on applicant to present the item. Chairman Duer swore in the applicant before the Board. Brent Allen, 736 Meadow Mead, Allen, TX, presented the request and was available to answer questions from the Board. He presented three drawings with measurements. The homeowner stated that this house was built without a garage in 1973. Tax records show that this was a model house and sales office. Two of the options show two garage options, either twenty feet or eighteen feet deep. In either case, the living space would be greatly affected if a garage were converted in this home. Either option poses losing the great room and five hundred square feet of living space. This would be a huge inconvenience for this homeowner. To convert this garage, they would lose the breakfast nook, utility room and office that they have enjoyed since they have lived there. Chairman Duer swore in the applicant before the Board. Applicant Mark Stonitsch, 6312 Buckingham Trail, North Richland Hills, came forward to present. The 1973 tax records show this as a model house with a great room and no garage. The original owner did not wish to have a garage, nor the second owner. We saw that space as a great place for our four kids. We have removed the aluminum wiring. If we convert this to a garage, it will be wasted space. We bought a 1,700 square foot home. If this is converted to a garage, then I have a 1,300 square foot house, which decreases my property value. I have been a member of this community for 25 years. There is a header on the wall but there is no hole for a garage door opener. I have been out of my house since January. Chairman Duer asked if the homeowner is opposed to the masonry requirement at the front of the house. Mark Stonitsch that he is not opposed. Chairman Duer opened the Public Hearing at 07:24 p.m. May 28, 2015 ZBA Minutes Page 6 There being no one wishing to speak, Chairman Duer closed the Public Hearing at 7:25 p.m. Chairman Duer asked if it is a requirement that a homebuilder convert a home back from a model home to a garage before they vacate a development? David Pendley responded that it is supposed to be a requirement to remodel it back to a house. However, this tax record is from 2014 appraisal year, showing that the house was built in 1973. Staff suggests this house is essentially grandfathered without having had a garage. The issue is when the repair value exceeded 50 %, staff could not approve the permit. JIM KEMP MOVED TO APPROVE BA 2015 -02 TO INCLUDE THE MASONRY REQUIREMENT FOR THE FRONT OF THE HOUSE. ROBERT HOUSEWRIGHT SECONDED THE MOTION. MOTION TO APPROVE CARRIED 4 -0. 6.0 BA 2015 -03 A PUBLIC HEARING TO CONSIDER A REQUST FROM MATT WEINRICH FOR A VARIANCE REQUEST TO MULTIPLE PROVISIONS OF SECTION 118 -718 OF THE ZONING ORDINANCE OF NORTH RICHLAND HILLS AS THEY RELATE TO ACCESSORY BUILDING AND STRUCTURE STANDARDS AT 4901 SUSAN LEE LANE. DENIED Planning Manager Clayton Comstock presented case BA- 2015 -03 to the board. BA- 2015-03 is a public hearing to consider a request from Matt Weinrich for a Variance request to multiple provisions of Section 118 -718 of the Zoning Ordinance of North Richland Hills as they relate to accessory building and structure standards at 4901 Susan Lee Lane. For variance approval, the Zoning Ordinance requires the Zoning Board of Adjustment to make findings and show in its minutes that: • Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. • The situation causing the hardship or difficulty is neither self- imposed nor generally affecting all or most properties in the same zoning district. • The relief sought will not injure the permitted use of adjacent confirming property • The granting of the variance will be in harmony with the spirt and purposes of these regulations. Board has three options in this case. May 28, 2015 ZBA Minutes Page 7 • Approve one or more of the variances as presented, allowing the accessory building to be built at fifteen feet in height, one foot from the property line, and /or building material other than conventional masonry. • Deny one or more of the variances as presented, requiring compliance with the six -foot setback and masonry building material requirement. • Continue the public hearing to a future date for additional direction to staff and the applicant to consider alternate solutions as discussed by the Board. Aerial photos show a lot of outside storage. This property is across the street from Huggins Honda. The applicant's plans for the property include a permanent accessory structure for a garage and a cabana. The zoning ordinance allows only one permanent accessory structure per property. The applicant would have the ability in the future to apply for variances for an additional permanent accessory structure. The applicant proceeded to construct half of the building without obtaining a building permit. The new structure was noticed by the Neighborhood Services Department, who instructed Mr. Wienrich to seek ZBA approval prior to continuing construction. His plans indicate half of the building to be a "permanent" accessory building constructed of concrete masonry unit block to a height of 14 feet 9 inches and approximately 6 feet 2 inches from the property line. Although only partially complete, the building does meet the height and setback requirements. The remaining portion is shown on his plans to be a "temporary" accessory building of wood frame and wood siding built on a "raised block foundation with J- bolts" and attached to the "permanent" half. The applicant is seeking a setback of one foot from the property line. The minimum setback for a temporary structure is three feet from property line, and permanent structure is six feet. One variance request is for this setback to one foot. All accessory structures were constructed without a permit. The applicant states that he forgot to pull the permit. The brick structure is tall enough to hang a side of beef with a smoker fitting inside the structure. The maximum height for a permanent structure is fifteen feet and a temporary structure is twelve feet. Chairman Duer asked what the zoning is at this property. Clayton responded that it is R -2 Residential zoning. Chairman Duer asked what the zoning is at the other side of the property. Clayton responded that it is a non - residential Planned Development occupied by Huggins Honda Chairman Duer asked about open space requirements. Clayton responded that twenty percent of the lot area in a backyard must be open space. Permanent or temporary accessory buildings do not count against that requirement. Chairman Duer asked about utility easements on the north side. May 28, 2015 ZBA Minutes Page 8 Clayton responded that there is a six -foot easement on the back alley, and that is unlikely there is a utility easement on the north side. Side setbacks would be six feet. Chairman Duer called on applicant to present the item. Chairman Duer swore in the applicant before the Board. Applicant Matt Weinrich, 4901 Susan Lee Lane, North Richland Hills, came forward to present. He stated he does not have a garage and it has been converted to an office. He accidentally built the structure too tall using excess landscape materials. There have been a couple of visits from a code enforcement officer and the area has been cleaned up. There is a rear parking area with landscape equipment in the photo, and none of it is back there now. It would only be there if I was in the process of dropping off at my office in Colleyville. He is a hunter and processes his own meat. He process about 45 pounds at a time about once a year for his private use only. His need is for storage. The drain in the photo is for a home brewing operation. There is a ten -foot easement by the alley and fifteen -foot setback along the side street. He is trying to produce fruits and vegetables along the side street. He has pulled permits for an irrigation system and for an additional driveway. Chairman Duer asked the applicant if he is willing to shave off height from the building. Matt responded that it would have to become a flat roof building. He wanted to have a barrel roof building with stucco siding or a Hardie -type product. He would not be able to have a story and a half -tall building. Approximately two years ago, he was up to that height and was calling the permits office to ask questions. He won't get his money back for this work and does not want to lower it. He does not know how to pitch the roof. Chairman Duer opened the Public Hearing at 07:54 p.m. Chairman Duer swore in the public hearing presenter before the Board. James Toton, 4905 Susan Lee Lane, came forward to speak. He moved into the house next door about a year ago. The first thing he saw was the beautiful fence that we share between our homes. He saw the building and wondered what it was. Matt has done amazing work in his back yard. He has no problem with the building and would like to see it get finished. Chairman Duer closed the Public Hearing at 7:57 p.m. Jim Kemp inquired if this is classified as a permanent structure and if it would be in compliance. Chairman Duer asked if this is only two variance requests. May 28, 2015 ZBA Minutes Page 9 Clayton responded that the variance request is for a one -foot setback variance instead of the six -foot set back from the side fence. The variance request is for utilizing non - masonry materials on this permanent structure. Once attached to a permanent structure, it would be classified as a permanent structure. Jim Kemp asked if the only building in question is the added half building. David responded that is correct. Chairman Duer stated that he did not prefer placing a permanent structure one foot from the property line. Robert Housewright inquired if we would be setting a precedent by allowing a one -foot setback. Attorney Roggia stated that each case stands on its own before the Zoning Board of Adjustment. Matt produced two photos of buildings that are in his neighborhood that could perhaps justify his permanent building. Clayton responded that we do not know the conditions of these properties that have just been presented. Jim Kemp stated that he does not see anything that tells me that these buildings qualify for a variance. Chairman Duer inquired about conditions required in order for these variances are approved. Attorney Roggia clarified that state legislation has guidelines and conditions regarding the four findings for a variance approval. Doris Elston asked for clarification if the Board would have to agree with all four findings. Attorney Roggia responded that yes, the Board would have to agree with all four. JIM KEMP MOVED To DENY BA 2015 -03. DORIS ELSTON SECONDED THE MOTION. MOTION TO DENY CARRIED 4 -0. Chairman Duer started to the applicant that he has the ability to go to the state district court to appeal his case further. May 28, 2015 ZBA Minutes Page 10 Matt inquired if the second phase of this building would be classified as a temporary accessory structure. Clayton responded that staff interprets this as one permanent structure as they are tied together. Matt stated that he does not have any type of hardship appeal rights. Clayton responded to the applicant that staff can assist him in explanation. 7.0 ADJOURNMENT Chairman Duer adjourned the meeting at 08:08 p.m. Chairman Recording Secretary Tom Duer � lw p, May 28, 2015 ZBA Minutes Page 11 ;/J