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HomeMy WebLinkAboutZBA 1996-10-17 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 17, 1996 - 7:30 p.m. 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:30 p.m. 2. ROLL CALL PRESENT Chairman Dr. Tom Duer ZBA Members Billy Schopper Jimmy Bellomy Billy Cypert ABSENT Perry Christensen CITY STAFF Planning Director Barry LeBaron Planner Clayton Husband 3. CONSIDERATION OF MINUTES OF SEPTEMBER 19, 1996 Mr. Schopper made the motion to approve the minutes of the September 19, 1996 meeting as presented. The motion was seconded by Mr. Bellomy. The motion carried 4- 0. Chairman Duer stated that the State law requires four affirmative votes for a variance request to pass, regardless of the number of members in attendance. He stated the Board consists of 5 voting members and 2 alternate members. ZBA Minutes-Page 2 17 October 1996 4. BA 96-32 REQUEST OF THOMAS APPEL TO ALLOW A CARPORT TO ENCROACH THE FRONT BUILDING LINE ON LOT 8, BLOCK 20, NORTH RICHLAND HILLS ADDITION. (LOCATED AT 7204 RIVIERA DRIVE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Thomas Appel, 7204 Riviera Drive, came forward to speak. He stated his wife has had several strokes and does not move around very well. He stated the carport would be built into the existing roofline. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert stated there is a 35 foot front building line which would leave 20 feet between the street and carport. Mr. Cypert made the motion to approve BA 96-32 as requested. The motion was seconded by Mr. Schopper. The motion carried 4-0. 5. BA 96-33 REQUEST OF MELANIE COMBS TO VARY FROM THE MASONRY REQUIREMENT ON A PORTION OF THE HOUSE ON LOT 1, BLOCK 1, COMBS ADDITION. (LOCATED AT 7152 HIGHTOWER DRIVE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Ms. Melanie Combs, 2252 Mountain View, Hurst, came forward to speak. She stated she is seeking a variance to allow a wood front porch. She presented pictures of a similar house in North Richland Hills. Mr. Bellomy stated the house in the picture is a larger house. Ms. Combs stated the house in the picture was built prior to the change in the ordinance. Staff explained that the old regulations required the house to be 75% masonry, and the ordinance was changed to read 75% of each elevation. Staff stated the proposed house would meet the old requirement. Mr. Keith Dodd, 7201 Hightower Drive, came forward to speak. He stated his opposition to the request. He stated his concerns about property values. ZBA Minutes-Page 3 17 October 1996 Ms. Barbara Dodd, 7201 Hightower Drive, came forward to speak. She stated her opposition to the request. She stated that Ms. Combs is not going to live in the house. Ms. Combs stated there is a for sale sign on the property, but she intends to live at the location. Chairman Duer stated that the Board looks at the structure which will stay there. He stated sometimes people move, but the structure is what really matters. Mr. Bellomy asked if wing walls are considered part of the elevation. Staff advised that any wing walls would provide additional area to the elevation. Mr. Bellomy stated that if enough area were added using wing walls, the Board would not be considering this case. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert asked the reason for the variance. Ms. Combs stated the house design includes a country front porch. She stated the variance would protect the look of the house style. Mr. Cypert made the motion to approve BA 96-33 as requested. The motion was seconded by Mr. Bellomy. The motion carried 4-0. 6. BA 96-34 REQUEST OF THERESA DONNELLY TO VARY FROM THE MASONRY REQUIREMENT ON AN ADDITION TO THE HOUSE ON LOT 16, BLOCK 7, CRESTWOOD ESTATES. (LOCATED AT 8108 TIMBERHILL COURT) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Theresa Donnelly, 8108 Timberhill Court, came forward to speak. She stated she intends to make 12 x 25 foot addition to the rear of the house. She stated they would like to use a masonite siding on the addition. She stated the masonry requirement would require a 3 to 4 foot wainscot across the rear. Ms. Donnelly stated the existing patio slab would not meet building code requirements. Chairman Duer asked if windows reduced the amount of wall area required to be brick. Mr. Arrington stated yes. ZBA Minutes•Page 4 17 October 1996 Ms. Donnelly stated there are other houses in the area that have similar additions to the rear. Chairman Duer stated the addition would not be visible from the street. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Schopper made the motion to approve BA 96-34 as requested. The motion was seconded by Mr. Cypert. The motion carried 4-0. 7. BA 96-35 REQUEST OF MATTHEW WATTS TO VARY FROM THE MASONRY REQUIREMENT ON AN ACCESSORY BUILDING ON LOT 13, BLOCK 6, EMERALD HILLS ADDITION. (LOCATED AT 5508 DUBLIN LANE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Matthew Watts, 5508 Dublin Lane, came forward to speak. He stated he wishes to construct a 336 square foot building with vinyl siding in the rear yard. He stated the building would be used for storage. Chairman Duer asked if the building would have electricity or water. Mr. Watts stated only electricity. Chairman Duer asked the cost of the building. Mr. Watts stated about $4,600. Chairman Duer asked the cost to brick the building. Mr. Watts stated about $2,000. Chairman Duer asked if the building could be reduced in size. Mr. Watts stated yes, but the space is necessary due to converting a room into a nursery. He stated the building would have a window unit. Mr. Bellomy asked if there are similar buildings in the neighborhood. Mr. Watts stated yes. Mr. Cypert asked what the building would do to the open space requirement in the rear yard. ZBA Minutes-Page 5 17 October 1996 Staff advised that the permanent accessory buildings are limited to cover 30% of the required open space on the lot. Chairman Duer asked if the large tree would remain on the lot. Mr. Watts stated no. He stated the fence would also be moved closer to the front of the house. Mr. Cypert asked the distance between the house and side property line. Mr. Watts stated about 15 feet. He stated the building would meet the required setbacks. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. There was general discussion regarding similar cases in the past. Chairman Duer stated his concern over the building being visible from the street. He asked if Mr. Watts has considered two buildings. Mr. Watts stated he did, but two buildings would add more clutter to the yard. Chairman Duer stated he could support a smaller building. Mr. Cypert stated his concern is that the building would be used as a garage. Chairman Duer asked if the Board could require that the building not be used as a garage. Mr. Bellomy stated his concern about the neighbors objecting to a building that size not being bricked. Chairman Duer asked if any correspondence has been received regarding this case. Staff advised that no correspondence has been received regarding this case. Mr. Schopper stated the garage door could be moved to another side. He stated his concerns are the use of the building as a secondary residence or as an auto repair shop. Mr. Cypert stated he could support bricking the front elevation of the building. Chairman Duer stated the fact that the tree hides the building is satisfactory to him. Mr. Cypert made the motion to approve BA 96-35 subject to the front elevation being bricked. The motion was seconded by Mr. Schopper. The motion carried 4-0. ZBA Minutes-Page 6 17 October 1996 8. BA 96-36 REQUEST OF JAMES CALLICOTT TO VARY FROM THE SIGN AREA REGULATIONS ON LOT 3, BLOCK 1, NORTH RICHLAND HILLS STATION ADDITION. (LOCATED AT 7904 BEDFORD-EULESS ROAD) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. James Callicott, Federal Sign Company, 3015 Avenue E East, Arlington, came forward to speak. He presented a picture of the proposed message board on the sign. He stated the total sign area, as proposed, would exceed the maximum allowable area by 52 square feet. He stated the message board would add 60 square feet to the area of the sign. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Schopper made the motion to approve BA 96-36 as requested. The motion was seconded by Mr. Bellomy. The motion carried 4-0. 9. BA 96-37 REQUEST OF CYNTHIA YARBROUGH TO VARY FROM THE COVERED PARKING REQUIREMENT ON LOT 7R, BLOCK 1, DIAMOND OAKS SOUTH ADDITION. (LOCATED AT 3508 TOURIST DRIVE) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Bob Hauchins, owners representative, came forward to speak. He stated the house was built by Ms. Yarbrough's father about 30 years ago. He stated a part of the garage was converted to an office about 25 years ago, and the garage door was never removed. He stated Ms. Yarbrough decided to remove the garage door while remodeling and frame the opening. Mr. Hauchins stated a code enforcement officer stopped the work and explained the requirement for covered parking. Chairman Duer asked if the garage was originally a two car garage. Mr. Hauchins stated yes. He stated half the garage is enclosed. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Mr. Cypert made the motion to approve BA 96-37 as requested. The motion was seconded by Mr. Bellomy. The motion carried 4-0. ZBA Minutes-Page 7 17 October 1996 10. BA 96-38 REQUEST OF JAMES WHITE TO ALLOW A CARPORT TO ENCROACH THE REAR BUILDING LINE ON LOT 48, BLOCK 8, GLENANN ADDITION. (LOCATED AT 6400 BLAKE COURT) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. James White, 6400 Blake Court, came forward to speak. He stated he and his friend constructed a carport on his property about two months ago. He stated the carport encroaches the rear building line by 7.5 feet. He stated the carport covers an existing driveway. Chairman Duer asked if the garage is rear entry. Mr. White stated yes. He stated the house sits at an angle on the lot. Mr. Bellomy asked what the use of the carport is. Mr. White stated to cover several automobiles and a trailer. Chairman Duer asked if the carport would be useful if it did not encroach the rear building line. Mr. White stated he covered the existing driveway. Mr. Bellomy asked the width of the carport. Mr. White stated about 16 feet wide at the front and 23 feet at the rear. Chairman Duer asked if the city received any correspondence about this case. Staff advised that the city received a letter in support from E-Systems, who owns the vacant tract to the south. Staff also advised that the city received a petition in opposition from some of the residents in the neighborhood. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer stated his concern is that the carport is visible from the street. Mr. Schopper stated the carport is visible from Martin Drive. He stated the Board could consider a way to camouflage the carport. Chairman Duer stated the Board could require an 8 foot fence. ZBA Minutes-Page 8 17 October 1996 Mr. Schopper stated if the carport was set back from the property line, the carport would not be as visible. Chairman Duer asked if the carport would be usable if it were shortened. Mr. White stated no, he would not be able to park two cars under the carport. Mr. Schopper asked what would happen if the Board disapproved the request. Staff advised that the applicant would be ordered to bring the carport into compliance with the code or remove the carport entirely. Chairman Duer asked the side building line for this lot. Staff advised that six feet is the side building line in this subdivision. Chairman Duer stated the lot is irregular in shape. He asked if the carport could be lowered. Mr. White stated the truck that is parked under the carport only has a few inches of clearance. Mr. Schopper stated the Board could require lattice work with vines to hide the carport. Mr. White stated he could agree to that. Chairman Duer stated he could support hiding the carport with living plant material. Mr. Schopper stated the opposition seems to be the fact that the carport is visible. There was general discussion regarding covering the sides of the carport with some type of living plant material such as vines or ivy. Chairman Duer stated the plant material must be very thick to provide sufficient coverage of the carport. Mr. Bellomy made the motion to approve BA 96-38 subject to the following: east and south sides of carport must be enclosed with lattice work, and that the lattice work must be covered with living plant material such as ivy or vines. The motion was seconded by Mr. Cypert. The motion carried 4-0. ZBA Minutes-Page 9 17 October 1996 11. BA 96-39 REQUEST OF BUD DAVIS TO ALLOW A HOUSE TO ENCROACH THE FRONT BUILDING LINE ON LOT 2R, BLOCK 4, FOREST GLENN ADDITION. (LOCATED AT 8304 RED ROSE TRAIL) APPROVED Chairman Duer opened the Public Hearing and called for those wishing to speak to come forward at this time. Mr. Bud Davis, 4835 Lakeside, Colleyville, came forward to speak. He stated he is building a house on the lot in question. He stated he is requesting a variance to allow the house to encroach the front building line in order to save a tree in the rear yard. Mr. Davis stated a five foot encroachment would be adequate to protect the root system of the oak tree. There being no one else wishing to speak, Chairman Duer closed the Public Hearing. Chairman Duer stated the portion of the house that would encroach the building line is the garage. Mr. Schopper made the motion to approve BA 96-39 subject to a maximum five foot encroachment. The motion was seconded by Mr. Bellomy. The motion carried 4-0. 12. STAFF REPORT Staff advised that they are studying building setbacks in the city, and may recommend modifications to the front due to the types of houses being built. 13. CITIZEN COMMENTS None. 14. ADJOURNMENT There being no further business, the meeting was adjourned. I i) Dr. Tom Duer, Chairman