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Home My WebLink AboutZBA 1999-09-16 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 16, 1999 — 7:00 PM 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:00 p.m. 2. ROLL CALL Present Chairman Dr. Tom Duer Bill Schopper Dr. Rick Enlow Leslie Jauregui Kyle Bacon City Staff Planning Director Marcy Ratcliff Planner Mark Johnson Planning Assistant Valerie Taylor 3. CONSIDERATION OF MINUTES OF AUGUST 16, 1999 APPROVED Dr. Enlow, seconded by Ms. Jauregui moved to approve the Minutes of the July 15, 1999 meeting. The motion carried unanimously. Chairman Duer explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. ZBA Minutes 1 September 16, 1999 4. BA 99-15 PUBLIC HEARING TO CONSIDER THE REQUEST OF JEREMY GOLIGHTLY FOR A VARIANCE TO SECTION 140.A TO ALLOW A PRIMARY RESIDENTIAL STRUCTURE TO ENCROACH 2.6 FEET INTO THE PLATTED FRONT BUILDING LINE ON LOT 11, BLOCK 2, NORTHRIDGE ESTATES ADDITION. THE PROPERTY IS LOCATED AT 5344 LYNDA COURT. APPROVED Ms. Ratcliff explained that as construction neared completion on this new home, staff discovered the 2.6' encroachment into the front building line. This encroachment is only by the garage entrance; none of the primary structure encroaches the building line. The encroachment was missed in various stages of plan review for several reasons. While the zoning of the property is R-3, which requires a 20' building line, the 1978 plat for Northridge Addition shows a front building line of 30' for cul-de-sac lots. Section 140 of the Zoning Ordinance states that construction shall comply with platted building lines when they differ from the zoning district building lines. Further confusing the situation, the front building line was misrepresented on surveys submitted during the permitting & inspection processes. Staff recommends approval of BA 99-15, which would allow a 2.6' encroachment into the required front yard setback. Chairman Duer opened the public hearing and asked for proponents. Seeing none he called for opponents; seeing none the public hearing was closed. Mr. Schopper, seconded by Mr. Bacon, moved to approve BA 99-15 as requested. The motion carried unanimously. ZBA Minutes 2 September 16, 1999 5. BA 99-16 PUBLIC HEARING TO CONSIDER THE REQUEST OF LONE STAR WELDING FOR VARIANCES TO SECTION 630.D.8 TO ALLOW MORE THAN ONE CARPORT ON A LOT; SECTION 630.D.7 TO ALLOW CARPORTS WITH MORE THAN THE PERMITTED 360 SQUARE FEET; SECTION 630.D.13.A TO ALLOW A ROOF PITCH THAT DOES NOT MEET THAT OF THE PRIMARY STRUCTURE; SECTION 630.D.13.B TO ALLOW METAL SUPPORT COLUMNS WHERE 75% MASONRY IS REQUIRED; AND SECTIONS 430.0 AND 630.D.4 TO ALLOW FIVE OF THE CARPORTS TO ENCROACH INTO THE SIDE BUILDINGLINES ON BLOCKS 7A & 8A, COLLEGE CIRCLE ADDITION. THE PROPERTY IS LOCATED AT 7784 COLLEGE CIRCLE ADDITION AND KNOWN AS TANTARA CLUB APARTMENTS. APPROVED Ms. Ratcliff explained that the applicant is requesting multiple variances to allow the construction of 42 carports for the 302-unit complex known as Tantara Club Apartments. The proposed carports will cover 302 spaces. There have been similar requests recently due to the Zoning Ordinance's absence of carport regulations for multi-family developments. Additional variances being requested are to the maximum size of a carport allowed, the support columns to be metal instead of the required masonry, to deviate from the required roof pitch and, to allow 42 carport structures to encroach the required side building lines. Ms. Ratcliff explained that staff believes a special condition exists on the maximum number of carports because the zoning regulations do not address carports for multi-family developments. Staff recommends approval of variances to Sections: 630.D.8 — Carport Regulations — Maximum Number Allowed — allowing the applicant to exceed the requirements by 41 . 630.D.7 — Carport Regulations — Maximum Size — allowing the applicant to construct carports greater than 360 square feet. 630.D.13.b — Carport Regulations — Design Criteria for Support Columns — allowing a 100% variance to the required 75% masonry support columns. Staff recommends denial to variances in the following sections: 430.0 — Lot & Area Requirements & 630.d.4 — Carport Regulations — Side Building Line Setback of 10' ZBA Minutes 3 September 16, 1999 Section 630.d.13.a — Carport Regulations — Pitch of Roof Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Delvin DuPuy, Lone Star Welding presented this request. He explained that he has installed numerous carports for this company on various properties. They are a high quality, are painted to match the property and each carport is lit for safety reasons. They will have flat roofs, but will be upscale and well maintained. They consist of a metal fascia with trim and a 1/4" fall, which will drain into the fire lanes. He explained that the carports were placed along the most northern property line because the configuration of the parking lot doesn't allow them to get any closer. In a survey the applicant conducted, they found no opposition from the neighbors directly behind the property. Mr. DuPuy showed pictures of carport installations in various communities that they have constructed. Seeing no additional proponents and no opponents, the public hearing was closed. Staff stated that one letter of opposition had been received from a property owner on Terry Drive and was included in the Commissioners packets. Mr. Schopper, seconded by Mr. Bacon, moved to approve the variance to Section 630.D.8 — Carport Regulations, allowing the construction of 42 carports. The motion carried with a vote of 4 — 1. Messrs. Duer, Schopper, Bacon & Enlow were in favor of this request. Ms. Jauregui was opposed. Mr. Schopper cited the ordinance's neglect to multi-family communities as his special condition. Mr. Enlow, seconded by Mr. Schopper moved to approve the variance to Section 630.D.7 — Carport Regulations — Maximum Size — allowing 42 carports to exceed the maximum 360 square foot. The motion carried unanimously. Mr. Enlow cited the ordinance's neglect to multi-family communities as the special condition. Mr. Bacon, seconded by Mr. Schopper moved to approve the variance to Section 630.D.13.b — Carport Regulations — Design Criteria for Support Columns — allowing a 100% variance to the required 75% masonry support columns for 42 carports. The motion carried unanimously. The ordinance's neglect to multi-family communities was cited as the special condition. Mr. Enlow, seconded by Mr. Schopper, moved to approve variances to Section 630.D.13.a — Carport Regulations — Pitch of Roof— allowing 42 carports to be ZBA Minutes 4 September 16, 1999 constructed with flat roofs. The motion carried unanimously and the ordinance's neglect to multi-family communities was cited as the special condition. Mr. Bacon, seconded by Ms. Jauregui, moved to approve variances to Sections 430.0 — R7-Multi-Familv Lot & Area Requirements and 630.D.4 - Carport Regulations — Side Building Line — allowing five carports to encroach the side building line by 10' on the east property line of Lot 7A. The motion carried unanimously with the ordinance's neglect to multi-family communities as the special condition. ZBA Minutes 5 September 16, 1999 6. BA 99-17 PUBLIC HEARING TO CONSIDER THE REQUEST OF LETA F BARRAGAN FOR VARIANCES TO ALLOW A CARPORT WHICH DOES NOT MEET THE REQUIREMENTS OF SECTION 410.D.2 (PARKING), SECTION 630.D.3 (FRONT BUILDING LINE) AND SECTION 630.D.1 (DESIGN) ON LOT 7, BLOCK 16, NORTH RICHLAND HILLS ADDITION. THIS PROPERTY IS LOCATED AT 4700 VANCE ROAD. DENIED Ms. Ratcliff explained that this carport, which was constructed without a building permit, violates Sections 410.D.2, 630.D.3 and 630.D.1. The carport as constructed extends 15' into the required 35' front building line, is supported by white metal posts and does not match the pitch of the roof of the primary structure. Staff recommends denial of BA 99-17, citing that no special condition associated with the property were found. Chairman Duer opened the public hearing and asked the applicant to come forward. Ms. Leta Barragan, applicant, presented this request. She explained that she has lived in her home for over 20 years, was recently diagnosed with Osteoporosis and believes a carport will help protect her from falling in bad weather. She submitted five letters of support from neighbors and cited addresses of homes that have carports that do not meet the ordinance. Responding to a question, Ms. Barragan stated that her contractor had informed her that no permit would be required. Seeing no additional proponents and no opponents, the public hearing was closed. Mr. Enlow believes that the front building line on these homes is excessive and sees that as a hardship. Ms. Jauregui, seconded by Mr. Schopper, moved to deny BA 99-17, citing no special condition exists. The vote was 3 — 2. Ms. Jauregui, Mr. Bacon & Mr. Schopper were in favor of the motion. Messrs. Duer and Enlow were opposed. Mr. Enlow, seconded by Chairman Duer, moved to approve BA 99-17, citing the excessive front building lines in the older neighborhoods as the special ZBA Minutes 6 September 16, 1999 . condition. The vote was 2 — 3. Messrs. Enlow & Duer were in favor of the motion. Messrs. Bacon, Schopper and Ms. Jauregui were opposed. The variance request failed and the applicant was instructed that she has 30 days from the meeting date to remove the structure. ZBA Minutes 7 September 16, 1999 7. BA 99-18 PUBLIC HEARING TO CONSIDER THE REQUEST OF DAVID WEBB FOR VARIANCES TO ALLOW A CARPORT WHICH DOES NOT MEET THE REQUIREMENTS OF SECTION 630.D.9 (PARKING SURFACE) AND 630.D.13 (DESIGN) ON LOT 14, BLOCK 3, MORGAN MEADOWS ADDITION. THIS PROPERTY IS LOCATED AT 6908 MEADOW CREEK ROAD. TABLED Ms. Ratcliff stated that the applicant had submitted a letter asking the Board to table the public hearing until the following month, to allow him time to revise his application and request. Ms. Jauregui, seconded by Mr. Bacon, moved to Table the public hearing of BA 99-18 until the October 21, 1999 meeting. The motion carried unanimously. ZBA Minutes 8 September 16, 1999 8. CITIZEN COMMENTS There were none. 9. MISCELLANEOUS REPORTS & DISCUSSION There was nothing to report. 10. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 9:05 PM. Chairman Tom Duer ZBA Minutes 9 September 16, 1999