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HomeMy WebLinkAboutZBA 1999-11-18 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 18, 1999 — 7:00 P.M. 1. CALL TO ORDER The meeting was called to order by Vice-Chairman Bill Schopper at 7:00 P.M. 2. ROLL CALL Present Dr. Rick Enlow Bill Schopper Leslie Jauregui Kyle Bacon Absent Dr. Tom Duer Jim McCain Paul Young City Staff Director of Planning Marcy Ratcliff Planner Mark Johnson Recording Secretary Mary Hennessee 3. CONSIDERATION OF MINUTES OF OCTOBER 21, 1999 APPROVED Leslie Jauregui, seconded by Kyle Bacon moved to approve the Minutes of the October 21, 1999 meeting. The motion carried unanimously. Vice-Chairman Schopper explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. Since we only have four members present applicants were given to opportunity to pospone their hearing and everyone would have to vote for their request. None came forward. ZBA Minutes 1 November 18, 1999 4. BA 99-20 PUBLIC HEARING TO CONSIDER THE REQUEST OF SAM FINLEY, AGENT FOR SKYLINE NORSTAR USA LP, TO VARY FROM SECTION 630.D.13, ORDINANCE 1874, ZONING REGULATIONS, TO ALLOW CARPORT STRUCTURES WITH METAL POSTS IN LIEU OF MASONRY POSTS IN A MULTI-FAMILY FACILITY. THE PROPERTY IS LOCATED AT LOT 2, ELDORADO ADDITION, 8359 HARWOOD ROAD, AND WILL BE PHASE II OF THE SILVER CREEK APARTMENTS. BACKGROUND INFORMATION: The applicant is requesting variances to allow the construction of 16 carports with support columns that do not meet the 75% masonry requirements for an apartment complex. The apartment complex is Phase 2 of the existing Silver Creek Apartments located on Harwood Road. Phase 2 will have 208 units and the proposed carports will cover 160 parking spaces. Phase 1 of Silver Creek has existing carports with flat roofs and metal support columns, which were allowed by the Zoning Ordinance when site plan approval was granted for Phase 1 in 1997. Regulations adopted in February 1999 require that carports now provide sloped roofs and masonry columns. Phase II is subject to the new regulations. While the applicant has agreed to provide sloped roofs, they claim that requiring masonry columns is not practical in a multi-family setting. Since columns must be placed in between parking spaces, and masonry columns are much thicker than metal columns, the likelihood of damage to columns and/or automobiles goes up. This development recently received site plan approval from the Planning and Zoning Commission and City Council. The approved site plan includes brick columns for the carports. The applicant did request that the Planning and Zoning Commission and City Council consider allowing flat carport roofs and metal columns, but were denied. Should the variance for metal columns be approved by the Zoning Board of Adjustment, the applicant would have to return to the Commission and Council to amend the site plan. RECOMMENDATION: Staff recommends the Zoning Board of Adjustment Deny the requests as submitted by Skyline Norstar USA LP, to the City of North Richland Hills Zoning Ordinance No. 1874, Section 630.D.13.b, Carport Regulations for property addressed as 8359 Harwood Road and legally platted as Lot 2, Eldorado Addition. 1. Section 630.D. 13.b. — Carport Regulations — Design Criteria for Support Columns — The ordinance states the columns or posts supporting ZBA Minutes 2 November 18, 1999 the roof structure shall conform to the masonry requirements of the district (75%). The requested variance is to allow the support columns for the carports to not provide any of the 75% masonry requirement. If approved it would allow a 100% variance to the required 75% masonry support columns for the proposed carports. SPECIAL CONDITION: Staff does find a special condition exists in that the Zoning Ordinance does not consider carports for multi-family developments. However, the Planning and Zoning Commission has recommended to the City Council zoning revisions that require masonry columns for all carports, including those in Multi-family developments. The proposed revision will be addressed by Council at their November 22 meeting. Recently, the Board approved a variance from masonry post requirements for an existing multi-family development. The special condition was that if the masonry support columns were required, restriping of the parking lot to accommodate the thicker masonry columns would reduce the number of parking spaces below the parking requirement. However, in this instance, a development not yet constructed may be redesigned to allow enough pavement to accommodate thicker columns and required parking. Because of this, staff finds no special condition associated with the property. Mr. Ed Safonic, Northstar, came forward and stated there was no street exposure since they had a masonry wall around the complex. The double post interfers with door operation of the cars. He believed it was a hardship for the tenants because of the dings on their cars. Mr. Bill Schopper ask Mr. Safonic to show the location of the carports and the masonry fence. Mr. Safonic identified the groupings of carports on the complex. Mr. Sam Finley, Vice-President Norstar, stated he wanted to construct the projects where they would look the same after completion of all phases. Seeing no additional proponents, and no opponents, the public hearing was closed. Dr. Rick Enlow moved to deny the request as no special considerations were presented to warrant overriding the decision of the City Council. Kevin Bacon seconded the motion and it carried 4-0. 5. ZBA Minutes 3 November 18, 1999 BA 99-21 PUBLIC HEARING TO CONSIDER THE REQUEST OF BILL BAUMAN, REPRESENTING AT&T WIRELESS SERVICES, TO VARY FROM SECTION 730.C, ORDINANCE 1874, ZONING REGULATIONS, TO ALLOW A 160 SQUARE-FOOT EQUIPMENT BUILDING EXCEEDING THE 100 SQUARE- FOOT MAXIMUM PERMITTED. THE PROPERTY IS LOCATED AT LOT 2, BLOCK 3, RED GATE ADDITION, 7751 IRISH DRIVE. BACKGROUND INFORMATION: The applicant is requesting a variance to allow the construction of a 160 square- foot equipment building for a wireless antenna to be collocated on an existing TXU tower. The zoning ordinance allows only a 100 square-foot maximum for equipment buildings. The facility is located between Blocks 3 and 4 of the Red Gate Addition in the TXU easement between Davis Boulevard and Irish Drive. RECOMMENDATION: Staff recommends the Zoning Board of Adjustment Approve the requests as submitted by Bill Bauman representing AT&T Wireless Services, to Vary from Section 730.C, Ordinance 1874, Zoning Regulations, to allow a 160 square-foot equipment building exceeding the 100 square-foot maximum permitted by 60 square feet. The property is located in the TXU easement south of Lot 2, Block 3, Red Gate Addition, and addressed as 7751 Irish Drive. 2. Section 730.0 — Communication Towers — General Requirements — No equipment cabinet or building shall be greater than eight feet in height and one hundred square feet in gross floor area. The requested variance is to allow 160 square-foot building where a 100 square- foot maximum is allowed. SPECIAL CONDITION: A special condition does exist in that the Zoning Ordinance does not consider the operational needs of all wireless communication providers. Research found in the Planning Department shows that when drafting the Ordinance, only one service provider was consulted for the size needs of equipment buildings. The spirit of the Ordinance places a priority on encouraging collocation rather than the construction of new towers. Since this is a collocation on an existing tower, staff feels a compromise is reasonable to allow the larger equipment building. Mr. Bill Bauman came forward and stated they have downsized the building as much as possible and still accommodate their equipment. Mr. Bill Scopper ask if the size or masonry requirements were a concern. ZBA Minutes 4 November 18, 1999 Mr. H. S. Smith, manager of the apartments at Irish Drive, came forward and stated he opposed the project due to the health of the citizens at his 36 unit complex. Leslie Jauregui ask if Mr. Bauman had any medical information on the radiation output of the tower. Mr. Bauman stated the tower is a low wattage facility (4-40 watts) and the ordinance permits the tower. Leslie Jauregui ask if there would be landscaping to help disguise the building. Mr. Bauman stated they would consider this option. Mrs. Marcy Ratcliff stated that this was TXU right-of-way and there was no irrigation to help support landscaping around the building. Seeing no additional proponents, and no opponents, the public hearing was closed. Leslie Jauregui moved to approve the request in order for AT&T to provide a needed service. Kevin Bacon seconded and the motion carried 4-0. ZBA Minutes 5 November 18, 1999 6. BA 99-22 PUBLIC HEARING TO CONSIDER THE REQUEST OF LONE STAR WELDING FOR VARIANCES TO SECTIONS 430.0 AND 630.D.4 TO ALLOW FOUR OF THE CARPORTS TO ENCROACH INTO THE SIDE BUILDING LINE ON THE NORTH SIDE OF BLOCK 7A, COLLEGE CIRCLE ADDITION. THE PROPERTY IS LOCATED AT 7784 COLLEGE CIRCLE AND KNOWN AS TANTARA CLUB APARTMENTS. BACKGROUND INFORMATION: The applicant is requesting to amend the original application BA 99-16 on Block 7A (north side of College Circle) by relocating some of the approved carports. The Zoning Board of Adjustment (ZBA) on September 16, 1999 approved variances to allow the construction of carports not in compliance with Article 6, Supplementary District Regulations for Accessory Structures. ZBA approved variances allowing the construction of carports along the eastern property line adjacent to Ross Road and the rear access drive to the Post Office. The applicant in accordance with the approved variances began construction on the carports along the East Side when they hit a water line in an easement that was not shown on the plat. Because of the easement, they are not able to construct the approved carports along the eastern property line of Block 7A. The applicant has requested to allow construction of four carport structures along the northern property line instead of the eastern property line. The apartment complex has 302 units and the proposed carports approved with BA 99-16 would have covered 286 parking spaces. If BA 99-22 is approved the number of covered spaces would not be reduced. Thirty-six of the covered parking spaces in Block 7A would be relocated along the northern property line instead of the east property line. The four proposed carport structures would encroach into the required side building line adjacent to the rear yards of residences on Terry Drive. The required side building line for carports in the R-7-MF Zoning District is 15 feet. Staff suggested the applicant get the adjacent property owners on the north to support their request. The applicant has submitted a petition with five signatures stating that they have no objections to the construction of carports (Whether the applicant specified the proposed location of the carports is not known - see the attached petition). Four of the signatures are listed in the 1999 Tax Rolls. The circled lots on the attached location map illustrate the owners that signed the petition. Owners of Lots 2R and 3R did not sign the petition. One Terry Drive resident visited with Staff and objected to the carport's appearance. He stated that he would be satisfied if the applicant provided some architectural character to the side of the carports facing his property. ZBA Minutes 6 November 18, 1999 RECOMMENDATION: Staff recommends the Zoning Board of Adjustment approve variances to the following sections of the City of North Richland Hills Zoning Ordinance No. 1874 and consider adding facia treatments to the carports facing the residential properties for architectural character: 1. Section 430.0 — R-7-MF — Lot and Area Requirements — Minimum side building line: 15 ft. 2. Section 630.D.4— Carport Regulations — Side Building Line — Sideyard setback shall be the same as the primary structure. • If approved, the above variances would allow four carports to be constructed within the northern side building line as shown on the site plan. SPECIAL CONDITION: Staff finds a several special conditions exist. The variances approved with BA 99-16 allowing 286 covered parking spaces would be maintained. A physical hardship exists due to the water line location along the eastern property line that will not allow the construction of the proposed carports approved with BA 99-16. Additionally, the applicant is trying to keep the covered parking spaces close to the apartment resident's living unit instead of across the street on Block 8A. Special architectural consideration may be appropriate because the proposed carports will be directly adjacent to the property line and fence separating the single family residential area from the multi family complex Mr. Delvin DuPuy, Lone Star Welding, stated the homeowners are in favor of the relocation of the carports. A new fence has been constructed and the carports are bearly visible by the homeowners. Seeing no additional proponents, and no opponents, the public hearing was closed. Kevin Bacon made a motion to approve the request due to the physical hardship of the location of the water lines. Bill Schopper seconded and the motion carried 4-0. 7. CITIZEN COMMENTS There were none. 8. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:45 p.m. ZBA Minutes 7 November 18, 1999 Vice-Chairman Bill Schopper ZBA Minutes 8 November 18, 1999 Having no additional business to conduct, the meeting adjourned at 7:45 p.m. / ,\ Vice-Chairman Bill Schopper ZBA Minutes 8 November 18, 1999