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HomeMy WebLinkAboutZBA 2015-07-30 MinutesMINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MONTH JULY 30, 2015 WORK SESSION The Zoning Board of Adjustment of the City of North Richland Hills, Texas, met in work session on the 30th day of July at 6:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular session. Present: Absent: City Staff Call to Order Tom Duer Jim Kemp Robert Housewright Doris Elston Bill Gibbs Fonda Kunkle Brian Crowson Clayton Husband Dave Pendley Cindy Garvin Place 5, Chairman Place 1 Place 3, Alternate Place 7 Place 6 Place 4 Place 2, Alternate Principal Planner Building Official Recording Secretary Chairman Duer called the meeting to order at 6:30 p.m. 1.0 Administration of Oath of Office to Board Members Kemp, Housewright, Duer and Elston. The oath of officers to the Zoning Board of Adjustment was continued to the next scheduled meeting due to not having all board members present this evening. 2.0 Election of Officers to the Zoning Board of Adjustment. Tom Duer was nominated for chairman. The nomination was approved 6-0. Bill Gibbs was nominated for vice-chairman. The nomination was approved 6-0. July 30, 2015 ZBA Minutes Page 1 3.0 Discussion of Items on the July 30, 2015, Zoning Board of Adjustment Regular Session Agenda. Principal Planner Clayton Husband presented BA 2015-04 Public Hearing to consider a request from Joseph Reagan for a variance to the off-street parking requirements specified in Section 118-314(2) of the City of North Richland Hills Code of Ordinances at 6439 Onyx Drive North. Chairman Duer stated very few older houses in southern North Richland Hills can meet the current zoning standards, and the City should consider different standards for houses and neighborhoods that age. 4.0 Adjournment There being no other business, Chairman Duer adjourned the meeting at 6:27 p.m. REGULAR ZONING BOARD OF ADJUSTMENT MEETING 1.0 Call to Order Chairman Duer called the July 30, 2015, meeting to order at 7:00 p.m. 2.0 Roll Call Present: Tom Duer Jim Kemp Robert Housewright Doris Elston Bill Gibbs Fonda Kunkle Absent: Brian Crowson City Staff: Clayton Husband Dave Pendley Cindy Garvin 3.0 Pledge of Allegiance Place 5, Chairman Place 1 Place 3, Alternate Place 7 Place 6 Place 4 Place 2, Alternate Principal Planner Building Official Recording Secretary Tom Duer led the Pledge of Allegiance to the United States flag. July 30, 2015 ZBA Minutes Page 2 4.0 Consideration of Minutes From the May 28, 2015 Zoning Board of Adjustment Meeting Chairman Duer stated a correction was needed to BA 2015-03 on page 10 as Jim Kemp made the motion, and that the text on page five has the words behalf and value misspelled. Jim KEMP MOVED TO APPROVE THE MINUTES FROM THE MAY 28, 2015 MEETING AS CORRECTED. FONDA KUNKLE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. 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 Board members in order to pass. In other words, four (4) affirmative of the five (5) eligible Board members this evening are required in order for a motion to pass. 5.0 BA 2015-04 Public Hearing to consider a request from Joseph Reagan for a variance to the off-street parking requirements specified in Section 118- 314(2) of the City of North Richland Hills Code of Ordinances at 6439 Onyx Drive North. APPROVED Chairman Duer opened the public hearing at 7:04 p.m. and called on Principal Planner, Clayton Husband to present the item. Principal Planner Clayton Husband presented BA 2015-04, a request from Joseph Reagan for a variance to the off-street parking requirements specified in Section 118- 314(2) of the City of North Richland Hills Code of Ordinances at 6439 Onyx Drive North. He stated between April and June 2014 the building plans indicated the garage was proposed for conversion to living space. Staff comments on the plan review advised the applicant that the codes did not permit the enclosure and the garage should remain as the single -car garage. The permit was issued in August 2014 with the correction. In May 2015, an inspection noted concrete was poured to raise the garage floor level with the floor of the house. The owner was advised the concrete would need to be removed. The owner chose to apply for variance from the parking standard to allow the garage conversion. Mr. Husband stated the house does not meet the current zoning standard of providing two covered parking spaces behind the front building line, as required by Section 118- 314(2) of the Zoning Ordinance. Staff has determined that enclosing the single -car garage, and thereby eliminating all parking available behind the building line, is a zoning July 30, 2015 ZBA Minutes Page 3 violation and cannot be approved as part of the building permit for the remodel. A stop work order was issued until final action was taken on the variance application. Joey Reagan, 6435 Onyx Drive North, came forward to present the request. He displayed photos of other houses in the neighborhood that have enclosed garages. He stated that of 185 houses with single car garages, forty percent (40%) have enclosed garages. He said he wants to make the property more suitable for a family by providing larger living space. There is a practical difficulty on the property through enforcement of the parking standard since four spaces cannot be provided on the site. He said the problem is not self-created since the house was built that way, but the problem with pouring concrete was self-imposed. The house is deficient to current market standards, and the enclosure would not affect other properties. He provided petition in support of request from adjacent residents. He said the spirit and harmony of purpose of the code are being met since the effect on the neighborhood would be minimal. Chairman Duer asked what the square footage of the house is without the garage. Mr. Reagan stated 900 square feet, and the garage would add about 300 square feet Mr. Housewright asked if the issue arose due to the pouring of the concrete. Mr. Reagan stated yes. Mr. Housewright asked if there is enough room on the site to provide four parking spaces with a two -car garage. Mr. Reagan said building line setbacks restrict the front yard area, and there is not room on the side of the house to build a driveway to the back yard. Mr. Housewright asked if the exterior wall of the enclosure would meet current standards. Mr. Reagan said the siding on the wall would match the existing on the house. The Board had no other questions for staff or the applicant. Chairman Duer asked if staff received any written correspondence. Mr. Husband stated no. Chairman Duer asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Chairman Duer closed the Public Hearing at 7:24 p.m. Chairman Duer stated the age of the area makes it difficult to upgrade houses to current codes. He stated the City should review the codes and analyze how they affect July 30, 2015 ZBA Minutes Page 4 properties of this age. He stated he would like to see at least two parking spaces provided on the property and off the street. Mr. Gibbs asked if the driveway could be widened to provide space for two cars. Mr. Reagan stated yes, that there is probably enough room depending on the location of water line that serves the house. The driveway entrance would still be single -car width but the driveway could be widened. Mr. Pendley stated the water service line is private, so there is no prohibition to cover it with the driveway. He stated the current standards do not necessarily require a remodel of a legally nonconforming property to provide four parking spaces. He stated the garage enclosure would make the site more nonconforming by reducing the number of spaces on the lot. BILL GIBBS MOVED TO APPROVE BA 2015-04, SUBJECT TO EXPANDING THE DRIVEWAY TO INCLUDE A SECOND CAR PARKING AREA WITHOUT WIDENING THE CURB CUT. Jim KEMP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. 6.0 Adjournment Chairman Duer adjourned the meeting at 7.33 p.m. Chairman Tom Duer Recording Secretary July 30, 2015 ZBA Minutes Page 5