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HomeMy WebLinkAboutZBA 1998-11-19 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 19, 1998 — 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 Dr. Rick Enlow Perry Christensen Jim McCain Cindy Martin Absent Paul Young City Staff Planner Christopher Baker Recording Secretary Valerie Taylor 3. CONSIDERATION OF MINUTES OF SEPTEMBER 17, 1998 APPROVED Mr. Schopper made the motion, seconded by Mr. Christensen to approve the minutes of the September 17, 1998 meeting. The motion carried unanimously with Messrs. Schopper, Christensen, Duer, Enlow and McCain voting in favor of this motion. Chairman Duer explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. 4. ZBA Minutes 1 October 15, 1998 CONSIDERATION OF AMENDING RULES OF PROCEDURE TO REVISE THE MEETING TIME OF THE ZONING BOARD OF ADJUSTMENT APPROVED Chairman Duer explained that since the City Council had recently revised their meeting time to 7:00, all other boards are being given the same opportunity. He asked the Board members for input. Mr. McCain was opposed to changing the time of the meetings. Ms. Martin stated she had no problem with the earlier meetings. Mr. Christensen stated that he had no problem with changing the time. Dr. Enlow stated that he has no problem with it; however, is concerned that he would get tied up with a patient, and not be able to get away. A vote of 4 — 1 was taken and it was determined that the new meeting time would be 7:00. Messrs. Duer, Enlow, Christensen and Ms. Martin were in favor of changing the time. Mr. McCain was opposed. ZBA Minutes 2 October 15, 1998 5. BA 98-33 PUBLIC HEARING TO CONSIDER THE REQUEST OF SCOTT KUNKLE TO VARY FROM THE MASONRY SCREENING REGULATIONS ON LOT 2, BLOCK 1, KUNKLE ADDITION. (LOCATED IN THE 7800 BLOCK OF MID- CITIES BOULEVARD) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Christensen stated that because of a conflict of interest, he would be abstaining from discussion and voting on this case. Mr. Tim Hasty presented this request, explaining that because of the triangular shape of this lot they are asking to vary from the masonry-screening requirement. They would like to extend the wall enough to block the parking lot, but stop after that as opposed to taking the wall all the way to the tip of the triangle at Smithfield Road and Mid-Cities Boulevard. This area has trees and shrubs on it and they would prefer to see it maintain it's natural state. Mr. Hasty stated the parking lot and wall would basically extend to the middle of Lot 5 that faces Arthur Street. Additionally, Mr. Hasty stated that Mr. Kunkle plans to keep the grassy area maintained and that area will actually be included in his required landscaping. Ms. Martin stated that her concern was the wall ending halfway through Lot 5. She believes that the wall should continue to the end of Lot 5. Mr. Hasty stated that he understood that concern and they would be willing to make sure any lot affected by the wall, was covered in it's entirety. Chairman Duer called for additional proponents. Seeing none he called for opponents. Mr. Glenn Willis, 7820 Arthur Street (lot 5), stated that as long as the fence covers his entire lot he is happy. His concern was the fence only going halfway up his yard. Seeing no additional opponents, the public hearing was closed. Mr. McCain moved, seconded by Ms. Martin, to approve BA 98-33 subject to the wall covering any affected lot in it's entirety and requiring maintenance of the green area remaining. The motion carried 4 — 0 with Messrs. Duer, Enlow, McCain and Ms. Martin voting in favor of it. Mr. Christensen abstained. ZBA Minutes 3 October 15, 1998 6. BA 98-34 PUBLIC HEARING TO CONSIDER THE REQUEST OF JIM BURKE TO VARY FROM THE FRONT YARD FENCE REGULATIONS ON LOT 1, BLOCK 1, CHILDRENS COURTYARD ADDITION. (LOCATED AT 7515 SMITHFIELD ROAD) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Jim Burke from the Children's Courtyard presented this request. He explained that construction of this new facility is almost complete. He explained that they have approximately 600' of perimeter fencing. Of this 600', 200' of it could be 6' chain link fence and then step down to 4' wrought iron with brick columns to finish it out. He explained they are proposing to install instead brick columns with black vinyl coated chain link fencing around the entire 600'. The brick columns would be on 32' centers. Mr. Burke explained that it is for safety reasons for the children. Four feet in height is not tall enough to keep kids from climbing over into two very busy streets. Additionally, they believe the wrought iron would be a safety issue for children as well. Children could get stuck trying to get through, or worse yet, actually getting through, again onto two very busy streets. Mr. Burke stated they have numerous schools throughout the metroplex and each have this exact fencing and all of these facilities are upscale, attractive facilities. Mr. Baker, responding to a question, stated that current fencing regulations require a brick column every 10'. The applicant is proposing 32' between columns. Mr. McCain stated he did not see a hardship. He thought that the wrought iron rods could be moved in closer together. Additionally, he believed that the brick columns needed to be every 10' —that, to him, was just as much a safety issue. Mr. Christensen believes the hardship is the required wrought iron. He believes that safety is an issue for these children. After lengthy deliberation. Chairman Duer called for additional proponents. Seeing none, he called for opponents. Mr. Joe DeGilla, 7704 Cedar Park, asked if he could remove his stockade fence, that would abut the screening wall to avoid grass & weeds growing up between them. He was told that was his prerogative. ZBA Minutes 4 October 15, 1998 Seeing no additional opponents, the public hearing was closed. Mr. Christensen moved to approve BA 98-34 provided that the brick columns are at 16' centers and the center support posts be at the same depth and same footing as the concrete posts and are placed at 8' dividing sections, and allow the black vinyl coated chain link fencing, at 6' in height. Ms. Martin seconded this motion and it carried unanimously. ZBA Minutes 5 October 15, 1998 7. STAFF REPORT There was nothing to report. 8. CITIZENS COMMENTS There were none. 9. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 9:00 p.m. Chairman Tom Duer ZBA Minutes 6 October 15, 1998