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HomeMy WebLinkAboutZBA 2017-01-26 Agendas M RH NOKTH ILIC:HLAND HILLS CITY OF NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 THURSDAY, JANUARY 26, 2017 WORK SESSION: 6:30 PM Held in the City Council Work Room 1. Announcements - Upcoming City Events 2. Discuss items from the regular Zoning Board of Adjustment meeting. REGULAR MEETING: 7:00 PM 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. MINUTES 4.A Approve Minutes of the October 27, 2016 Zoning Board of Adjustment Meeting. 5. GENERAL ITEMS 5.A BA 2016-04 Public Hearing and consideration of a request from Jeff Jones for a variance to Section 118-313 "Lot and area requirements" of the City of North Richland Hills Code of Ordinances for property located at 8116 Hallmark Drive. 6. ADJOURNMENT Certification Thursday, January 26, 2017 Zoning Board of Adjustment Agenda Page 1 of 2 I do hereby certify that the above notice of meeting of the North Richland Hills Zoning Board of Adjustment was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, January 20, 2017 at 3:00 PM. H r City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Thursday, January 26, 2017 Zoning Board of Adjustment Agenda Page 2 of 2 1g1kH NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: The Office of the City Manager DATE: January 26, 2017 SUBJECT: Announcements — Upcoming City Events PRESENTER: Clayton Husband, Principal Planner SUMMARY: General announcements and upcoming events in North Richland Hills. GENERAL DESCRIPTION: At each Zoning Board of Adjustment meeting a member of staff announces upcoming events in the City. 1g1kH NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: The Office of the City Manager DATE: January 26, 2017 SUBJECT: Discuss items from the regular Zoning Board of Adjustment meeting. PRESENTER: Clayton Husband, Principal Planner SUMMARY: The purpose of this item is to allow the Zoning Board of Adjustment the opportunity to discuss any item on the regular Zoning Board of Adjustment agenda. GENERAL DESCRIPTION: The purpose of this item is to allow the Zoning Board of Adjustment the opportunity to inquire about items that are posted for discussion and deliberation on the regular Zoning Board of Adjustment agenda. The Board is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular agenda. 1g1kH NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: The Office of the City Manager DATE: January 26, 2017 SUBJECT: Approve minutes of the October 27, 2016 Zoning Board of Adjustment Meeting. PRESENTER: Clayton Husband, Principal Planner SUMMARY: The minutes are approved by majority vote of the Board at the Zoning Board of Adjustment meetings. GENERAL DESCRIPTION: The Planning & Zoning Office prepares action minutes for each Zoning Board of Adjustment meeting. The minutes from each meeting are placed on a later agenda for review and approval by the Board. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the October 27, 2016 Zoning Board of Adjustment Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, (CITY COUNCIL WORKROOM) 4301 CITY POINT DRIVE OCTOBER 27, 2016 WORK SESSION: 6:30 PM CALL TO ORDER Chairman Duer called the meeting to order at 6:31 P.M. ROLL CALL: Present: Tom Duer Place 5, Chairman Jim Kemp Place 1 Brian Crowson Place 2, Alternate Fonda Kunkle Place 4 Bill Gibbs Place 6 Doris Elston Place 7 Robert Housewright Place 3, Alternate City Staff: Clayton Comstock Planning Manager Clayton Husband Principal Planner Maleshia Farmer City Attorney Cheryl Booth Recording Secretary 1. ZONING BOARD OF ADJUSTMENT TRAINING PRESENTATION BY CITY ATTORNEY AND STAFF. City Attorney Maleshia Farmer conducted training with the Board of Adjustment members. All members attended the training session. 2. DISCUSS ITEMS FROM THE REGULAR ZONING BOARD OF ADJUSTMENT MEETING. Principal Planner Clayton Husband presented BA 2016-02, a public hearing to consider a request of Brandon Treadway for a variance to Section 118-718(d) "Carport Regulations" of the City of North Richland Hills Code of Ordinances for an existing structure on property located at 6540 Briley Drive. October 27, 2016 Zoning Board of Adjustment Meeting Minutes Page 1 of 7 Chairman Duer adjourned the work session at 7:03 P.M. REGULAR MEETING: 7:00 PM 1. CALL TO ORDER Chairman Duer called the October 27, 2016, meeting to order at 7:04 P.M. ROLL CALL: Present: Tom Duer Place 5, Chairman Jim Kemp Place 1 Brian Crowson Place 2, Alternate Fonda Kunkle Place 4 Bill Gibbs Place 6 Doris Elston Place 7 Robert Housewright Place 3, Alternate City Staff: Clayton Comstock Planning Manager Clayton Husband Principal Planner Maleshia Farmer City Attorney Cheryl Booth Recording Secretary 2. PLEDGE OF ALLEGIANCE Chairman Duer led the Pledge of Allegiance. 3. GENERAL ITEMS 3.1. ADMINISTRAION OF OATHS OF OFFICE TO ZONING BOARD OF ADJUSTMENT MEMBERS IN PLACE 2A, PLACE 4 AND PLACE 6. The oath of office was administered to Board members Brian Crowson, Place 2A; Fonda Kunkle, Place 4; and Bill Gibbs, Place 6. 3.2. ELECTION OF OFFICERS Clayton Husband explained that the offices up for election are Chairman and Vice October 27, 2016 Zoning Board of Adjustment Meeting Minutes Page 2 of 7 Chairman. Currently these positions are currently held by Dr. Tom Duer as Chairman and Bill Gibbs as Vice Chairman. Chairman Duer opened up the floor for nominations for Chairman. Jim Kemp moved to Nominate Dr. Tom Duer as Chairman. Brian Crowson seconded the nomination. Nomination carried 5-0. Chairman Duer opened up the floor for nominations for Vice Chairman. Bill Gibbs moved to Nominate Robert Housewright as Vice Chairman. Doris Elston seconded the Nomination. City Attorney, Maleshia Farmer brought up that as an alternate, Robert Housewright is not able to serve in an officer capacity. Chairman Duer re-opened up the floor for nominations for Vice Chairman from the five (5) voting members. Bill Gibbs moved to Nominate Doris Elston as Vice Chairman. Fonda Kunkle seconded the motion. Chairman Duer asked for clarification if the alternates are allowed to vote. Maleshia Farmer answered that the alternates are only allowed to vote if a voting member is absent, but they are always welcome to participate in the discussions. Nomination carried 5-0. 3.3. APPROVE MINUTES OF THE MAY 26, 2016 ZONING BOARD OF ADJUSTMENT MEETING. APPROVED October 27, 2016 Zoning Board of Adjustment Meeting Minutes Page 3 of 7 A MOTION WAS MADE BY BRIAN CROWSON, SECONDED BY DORIS ELSTON TO APPROVE MINUTES OF THE MAY 26, 2016 ZONING BOARD OF ADJUSTMENT MEETING. MOTION TO APPROVE CARRIED 5-0. 3.4. BA 2016-02 PUBLIC HEARING TO CONSIDER THE REQUEST OF BRANDON TREADWAY FOR A VARIANCE TO SECTION 118-718(D) "CARPORT REGULATIONS" OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES, FOR AN EXISTING STRUCTURE ON PROPERTY LOCATED AT 6540 BRILEY DRIVE. APPROVED Chairman Duer clarified that the Zoning Board of Adjustment requires what is classified as a super-majority vote by state statute in order for a variance or appeal to pass. This equals a 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. Principal Planner Clayton Husband presented BA 2016-02, a public hearing to consider a request of Brandon Treadway for a variance to Section 118-718(d) "Carport Regulations" of the City of North Richland Hills Code of Ordinances for an existing structure on property located at 6540 Briley Drive. The history with this property is that in May 2011, the prior property owner applied for a building permit, which was never issued. In September 2014, the applicant purchased the property with the carport, which had been built. In September 2016, the applicant received a notice of violation, which led to this variance request. According to Code of Ordinance Section 118-718(d), maximum height is fifteen (15) feet. The existing structure is fifteen (15) feet and nine (9) inches tall. The maximum size is three hundred sixty (360) square feet. The existing structure is eight hundred sixty four (864) square feet. The existing structure dimensions are twenty-four (24) feet by thirty-six (36) feet. Design criteria require brick, stone, or masonry on the supporting columns. The existing structure has metal posts. The carport complies with ten (10) of the thirteen (13) carport regulations. The carport does not comply with three (3) of thecarport regulations: maximum height, maximum size, and post material. The applicant is requesting approval to allow the carport to remain as constructed. Robert Housewright asked how this structure was identified. Clayton Husband responded that this was an observation by a code enforcement officer. October 27, 2016 Zoning Board of Adjustment Meeting Minutes Page 4 of 7 Tom Duer asked how the paving would have been poured for this structure without notice and if a paving permit would have been required. Cheryl Booth responded that a paving permit would have been a requirement at that time. Brian Crowson asked about the Board's options for action regarding this application before the Board. Clayton Husband responded that the Board has the following options on this application. 1. Approve the variance as presented. 2. Approve the variance with conditions. 3. Deny the variance. Chairman Duer opened the public hearing at 7:14 p.m. and asked the applicant to come forward to speak. Brandon Treadway, applicant, 6540 Briley Drive, came forward to present. He explained that he purchased the property in September 2014. He serves as worship pastor at Birdville Baptist Church. The carport was a huge draw to his family. They saw this as a place to hold youth gatherings and social events related to his job. This was a surprise to the family when they received the letter from Code Enforcement. He expressed appreciation to Clayton Husband in guiding him through this application process. He respectfully requested approval to keep this carport on the property. Chairman Duer asked if Mr. Treadway owned a recreational vehicle. Mr. Treadway responded no. Chairman Duer asked if this carport is used for events. Mr. Treadway responded yes. He explained that a couple of times they have moved vehicles under the roof for protection from storms. Chairman Duer expressed concern about the area being used for storage. Mr. Treadway responded that they do not use it for storage and that a storage restriction was not an issue for their family. Jim Kemp asked if the carport is only visible from Lariat Trail. Mr. Treadway responded that it is visible from a small area on Lariat Trail, but mostly only visible by his neighbor. October 27, 2016 Zoning Board of Adjustment Meeting Minutes Page 5 of 7 Robert Housewright reiterated that he drove by the property. It was not visible at all from Briley Drive. It really was not visible from the back yard area. Chairman Duer stated that public hearing was still open and invited anyone wishing to come forward to speak. Hearing none, Chairman Duer closed the public hearing at 7:22 p.m. Chairman Duer inquired if the Chairman is allowed to make the motion. City Attorney Maleshia Farmer suggested if the meeting was turned over to the Vice Chairman, then the Chairman could make the motion. Jim Kemp commented that this carport has been in place for five years and no one has said anything about it. It would seem inappropriate to make the resident tear it down. Fonda Kunkle commented that this Board has disapproved carports in the past. City Attorney Maleshia Farmer added that she does not believe there are any denied carport applications that were near this property. She said the Board was also considering whether it would be an undue hardship on the applicant to require removal of the carport. Chairman Duer inquired if"grandfather" is different than "setting precedent." City Attorney Maleshia Farmer responded that "grandfather" is different in that it deals with a condition that was in existence at time of a change in the law. Clayton Husband stated that staff recommends that the Board require a permit to be applied for from the applicant so that one is on record. Bill Gibbs asked if we could call it something other than a carport, such as a patio cover that wasn't intended for the storage of vehicles. City Attorney Maleshia Farmer clarified that a reasonable restriction would be to state that this structure is not to be used for storage. October 27, 2016 Zoning Board of Adjustment Meeting Minutes Page 6 of 7 A MOTION WAS MADE BY DORIS ELSTON, SECONDED BY TOM DOER, TO APPROVE BA 2016-02 WITH RESTRICTIONS INCLUDING THAT APPLICATION MUST BE MADE FOR PERMIT AND THE STRUCTURE IS NOT TO BE USED FOR STORAGE OTHER THAN VEHICLES. MOTION TO APPROVE CARRIED 5-0. 4. ADJOURNMENT Jim Kemp moved to adjourn. Bill Gibbs seconded the motion. Motion to approve carried 5-0. Chairman Duer adjourned the meeting at 7:32 p.m. Tom Duer, Chairman Recording Secretary October 27, 2016 Zoning Board of Adjustment Meeting Minutes Page 7 of 7 IgRH NORTH KICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM From: The Office of the City Manager Date: January 26, 2017 Subject: BA 2016-04 Public Hearing to consider the request of Jeff Jones for a variance to Section 118-313 "Lot and area requirements" of the City of North Richland Hills Code of Ordinances, for property located at 8116 Hallmark Drive. Presenter: Clayton Husband, Principal Planner Summary: On behalf of Clyde and Diana Varney, Jeff Jones is requesting approval of a variance to the lot and area requirements to allow a detached accessory building on property located at 8116 Hallmark Drive. Background Information: Clyde and Diana Varney are the owners of a lot located at 8116 Hallmark Drive. The property is in the Thornbridge East subdivision between Edgemont Drive and Belaire Drive. They have applied for a building permit to construct a detached covered patio in the back yard. The covered patio is considered a permanent accessory building. A survey of the lot is attached. The house was constructed in 2008 and is 27 feet from the rear property line. There are no other accessory buildings in the rear yard, but there is a stone retaining wall approximately five feet from the rear property line. The proposed covered patio is 384 square feet in area, measuring 24 feet wide and 16 feet deep. During the review of the permit application, it was noted that the proposed location of the building encroached the required 10-foot rear building line. The building plans indicated the building being located seven (7) feet from the rear property line. The owner considered modifications to the building size, dimensions, and location in order to eliminate the encroachment. However, the owner ultimately decided to seek a variance to allow the structure to encroach the rear building line. Request Details: The variance application and supporting materials are attached. The materials include a statement from the applicant explaining the reasoning for the variance request, building plans, and photos of the site. The variance request is related to the standards in Zoning Ordinance Section 118-313 "lot and area requirements" as they apply to the R-2 Single Family Residential zoning district. The specific standard under consideration is the rear building line. IgRH NORTH KICHLAND HILLS The R-2 zoning district requires a 10-foot rear building line for all primary structures and accessory buildings. The proposed covered patio is located seven (7) feet from the rear building line. There is also an existing 7.5-foot utility easement along the rear of the property, and the building cannot be constructed in the easement. Therefore, for the purposes of this variance request, the Board is considering a rear building line of 7.5 feet for the proposed structure. For informational purposes, the table below compares the accessory building standards with the compliance status and characteristics of the proposed structure. The variance under consideration is only for the rear building line. EEEEM ® a a ® a ® (1) Location: Must be located on same lot as Complies. primary structure (2) Use: Allowed in any zoning district Complies. Property is zoned R-2 Single Family Residential. (3) Front building line: Must not be located in the Complies. Building is located in the rear yard. front yard (4) Side building line: In the R-2 district, side yard Complies. Side setback is 10 feet on south side setback is 6 feet for buildings 500 square feet and 46 feet on the north side. or less in size (5) Rear building line: 10 feet Docs not comply Rear setback is 7 feet. (6) Maximum height: 15 feet Complies.11 feet 4 inches to peak of roof (7) Maximum size: 500 square feet(for lots Complies. Building is 384 square feet in area, 20,000 square feet or less in area) measuring 24 feet wide by 16 feet deep. (8) Maximum number allowed: One building Complies (9) Rear yard open space: Does not affect 20% Complies rear yard open space requirement (10) Use Must not be used for business or Complies dwelling purposes (11) Easements: Must not be located within a Complies utility, access, or drainage easement (12) Design criteria Roof: Pitch of roof must be same as primary Roof: Complies. Pitch is 6:12. structure Masonry: Complies. Building is open structure Masonry: Must conform to the masonry without walls. requirement of the zoning district. IgRH NORTH KICHLAND HILLS Findings for Variance Approval: Zoning Ordinance Section 118-86(4) authorizes the Zoning Board of Adjustment "to authorize upon appeal, in specific cases, such variance from the terms of [the Zoning Ordinance] as will not be contrary to the public interest and where, because of special conditions, the enforcement of the [Zoning Ordinance] would result in an unnecessary hardship... In exercising its powers to grant a variance, the Board of Adjustment shall make findings and show in its minutes that: a. Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. b. The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district. c. The relief sought will not injure the permitted use of adjacent conforming property. d. The granting of the variance will be in harmony with the spirit and purposes of these regulations. Options for Board Consideration: The Zoning Board of Adjustment has the following options on this application. 1 . Approve the variance as presented. This action would allow the covered patio to be constructed with a 7.5-foot rear building line, resulting in a 2.5-foot encroachment. 2. Approve the variance with conditions. This action would allow the covered patio to be constructed subject to the owner making modifications to size, dimensions, or location as directed by the Board. 3. Deny the variance. This action would require the owner to modify the covered patio to comply with the 10-foot rear building line. nri e emon ,w as C J C) C F-I L a es 'ire — I" I i INIIUUI � i r�.Y� �Y i "% �ii //ol/oo%, q I�� ��„II�)'� II a �' � �I i, �� �V �� � � �� �� � �� � 1 �� , � I I �� 1 _, obi J� � ` �l i�� a"; �iit � i an NY /iii �i,,, ,,,. .. �' � �i ' %'� � Ed emont�Dr ��% / D '' ,"`, ' t ��ro�� r 1 f � �irri /y i �c31 j% � w �� 2 I u � � �y� �Ir9 i��� 1�� � � %% t �iG� �°%, 'ii, o � ' �� �� ////� � , �� V � !�'r i I�' ++ !o //// �,,,, �� �,� � �i '� d .i j j i f ���; f� /��/ r �� i i/-, off° �,%�, ��, � ;, B� � u� '� �,m°S�iti�u�� �� � � � •,u �� f I, 8, ',I iY U� � �,V� i �iii��ld. d',,,1 i 'J� "m , III 1 I „-. r � f, `% S ,..� I ,�// � i" i�� :, ,� i/%r� f iii it � �';; a i, i �, v! � /v%� ��,�� r/iii 1 ��i���,,,,ii- i ,�� '� ^�19u �/ i%' 'M'Rr� IOWIUIII�j WIiNN VU ,. ..J' ;,,. �� rvr - ,�.. ,y ��� e, .�” .. tl ��i,/ .,� ii��iij/inr i i� ui � i /6aZ .,%l/////�ir%l/%/liir i7/%////I „ri r/�ilr%G/iii �i�i� %%/�/aii��� i�i ii% ,,,,,. �� ri l , r, ,,,,,� .,..,..,ii����i �� `i�ooi � "�� �/� � aid/ ° y � %r vyl��{°i ii�i� �r� i�( , I,�i�'�Ililil I i TI i� i � f`iii j/iiJ f/- i,// „/ 1, f I s `: NOTICE OF PUBLIC HEARING m4_ FOR THE ZONING BOARD OF ADJUSTMENT rEXRS Case #: BA 2016-04 Applicant: Jeff Jones Location: 8116 Hallmark Drive You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to consider a request from Jeff Jones for a variance to Section 118-313 "Lot and area requirements" of the City of North Richland Hills Code of Ordinances, for property located at 8116 Hallmark Drive. Public Hearing Schedule: Public Hearing Date: ZONING BOARD OF ADJUSTMENT THURSDAY, JANUARY 26, 2017 Meeting Time: 7:00 P.M. Meeting Location: COUNCIL WORKROOM 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a letter concerning the above request, please contact: Planning Department City of North Richland Hills 4301 City Point Drive North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 N N N N N N N N N N N N N N N N N N N N N N 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 N N N N N N N N N N N N N N N N N N N N N N n n n n n n n n n n n n n n n n n n n n n n CL LnN N Y J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J p p p p p p p M M M M M M M M M M M M M M M z z z z z z z z z z z z z z z z z z z z z z Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q U U U U U U U U U U U U U U U U U U U U U U + 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U z z z z z z z z z z z z z z z z z z z z z z u p u p u p u p u p u p u p u p p p p p p p U Y U Y U Y U Y U Y U Y U Y U Y Y Y z z z z Z < H < H < H < H < H < H < H < < < z Q z Q z Q z Q z Q z Q z Q z Q Q Q O O O O 0 0 0 0 0 0 0 0 J J J J J J J J V V V V �n w Q w Q w Q w Q w Q w Q w Q w Q Q Q p p p p i 00 00 Q1 Q1 N N M M l0 l0 I� n O O ti ti L!1 Q1 O � 00 N � O O O O ti ti N N N N N N N N N N N N O O O N Q 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 01 01 01 01 M W a a a M ° ° _ w z � w o Jm Q< Q QO = J C U Q z > O J O F O z M M U dz z d' U O O O 0 O Q ¢ O ¢ O z c m v J z d' M = CJ Y O z z CD Q W d' Ln O G W } Q C Q �' J Q' Y m �' � W m W = J = z d M VI O = C = m > Q V'' U z Q In m J M O W Q' CITY OF NORTH RICHLAND HILLS ZONING HOARD OF ADJUSTMENT APPLICATION 1. APPLICANT/AGENT: NAME: Leff ©weer LLP constructY dnc.J Landscape LaatstJcs, lne., d ADDRESS: 5466 Red Rose Trail CITY/STATE: Midlothian TX76a65 HOME#: WORK #: 817-894-7593 FAX#: EMAIL ADDRESS: ilicl,irtd�icair�di(��Iar�l� ail .ra�rrr 2. PROPERTY OWNER(S): NA v9E: CIS 8�DiDiana varng ADDRESS: 8116 Hallmark Drive CITY/STATE:.North Richland Hills, TX ZIP; 76182 Z,F; HOME#: 8.17-893-5187Ce11#:713-254-4561 3,, STREET ADDRESS AND LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY: (IF AVAILABLE, PLEASE ATTACH SURVEY OF THE SUBJECT PROPERTY _8116 Hallmark Drive Lot 15 $locks THQRNBRIDGE EAST" PHASE li 4. LISTTHE PERTINENT SECTION(S)OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED, IF NECESSARY USE A SEPARATE SHEET. Request is for reldef(ram the requirement of the to oot setback.off the rear property line. Spec ly were yest retfef: a. To solace base of new structure gostsl 7 foot from rear properky fine while still maintaining-the portion of the zoning ordinance thou atiows eaves and roof extensions to overhand the sit e and rear burldinrg lines u� to 24 inches, b. That all new installed stonework that is part of structure on that side be allowed to extend to and adjoin the existing retaining wah as necnssory as long as rt stays withinJunder the 24 inehes eaves and raaf extension. 1 I G b. STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS, WHICH CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCES)OR SPECIAL EXCEPTIONS) YOU ARE REQUESTING, EXAMPLES OF SPECIAL CONDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, ELEVATIONS IRREGULAR LOT OR TRACT SHAPES, ETC. THE ZONING BOARD OF ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE REQUEST. Homeowner is requesting relief because backvord is narrow in depth;oniv 27'in total depth and within the setback area, the elevation drops approximately 4'between neighbor's rear yard and homeowner's rear yard,Additionally, about 5112'from the rear property line, within the setback, there is a 12 inch wide 18 inch tall retaining wall to compensate for the dramatic change in elevation. The 10'setback and the 4'— elevation change, reduces flat/level surface area homeowner has to work with by 37%. Encroaching within the 10'setback and up to the existing retaining wall would provide much needed flat— surface and allow homeowner to have an aesthetically pleosina svmmetrical detached covered patio s rT ucture rai(ier thanso nething forger and narrower and less functional. In Homeowner's opinion, the change in elevation, existing retaining wall and small/narrow back yard meet the "special conditions" and "hardship"parameters required for the variance request standard. & EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY IHE ZONING ORDINANCE. EXAMPLES: (1) IF THE NORTH RICHLAND HILLS CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. Not aware of any unique circumstances. t 5 7. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PICTURES NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.) IMPORTANT NOTE: ALL APPLICANTS OR THEIR REPRESENTATIVE MUST BE PRESENT AT THE SCHEDULED PUBLIC HEARING TO PRESENT THEIR CASE. APPLICANT NAME (PRINT OR TYPE): c�a1e APPLICANT SIGNATURE: ; ° 'yam- OWNER NAME (PRINT OR TYPE). OWNER SIGNATURE: L=� VA � j �,�n D1 ,4, 0 VA-9,k)z:,l SUBSCRIBED AND SWORN TO THIS 2e DAY OF 2a i/�0 LKIML vEN TA Y PUBLIC FOR THE STATE OF 7EXA5 My n Expires 017.. .-I I ii DATE OF LICENSE EXPIRATION SUBSCRIBED AND SWORN TO THIS .'h. DAY OF -Ugj"ntvw Y PU IC FOR THE STATE OF TEXAS KIM L NGUYEN My Commission Expires � �1,� July 13,2017 DATE OF LICENSE EXPIRATION 6 i i r VARIANCE REQUEST DOCUMENT SUBMITTAL CHECKLIST This checklist describes the minimum documents required for a variance request submittal. The application packet will be considered incomplete until all of the following items are submitted. ITEM CHECK 1. Buildinq permit application ❑ Applicants NEEDS to complete a building permit application prior to submitting this application, i 2. Completed application for a variance ❑ The Application for a Variance is furnished in this packet of information. All necessary documents shall be submitted to the Planning and Zoning Office no later than the application deadline which can be found on the meeting schedule also included in this packet. Written authorization from the owner shall be furnished when the applicant is not the owner of record. 3. Filing Fee ❑ Residential--$192 Non-Residential--$227 4. Property Map ❑ The applicant shall furnish a copy of a map or recent survey of the property showing the property under consideration. A copy of a subdivision plat, or a copy of a property survey less than two years old, will satisfy this requirement. 7 H City of North Richland Hills rqp,]H Zoning Board of Adjustment 2015 Meeting Schedule Zoning Board of Application Deadline Adjustment Meeting December 29 (2014) January 22 January 26 February 26 February 23 IF March 26 March 30 April 23 April 27 May 28 May 25 June 25 June 29 July 23 July 27 IF August 27 August 31 September 24 September 28 October 22 October 26 To Be Determined November 30 To Be Determined 8 ZONING BOARD OF ADJUSTMENT APPLICATION APPLICATION REQUIREMENTS AND GENERAL INFORMATION PLANNING AND DEVELOPMENT DEPARTMENT City of North Richland Hills, Texas 7301 NE Loop 820 817-427-6300 fax: 817-427-6303 www.nrhtx.com NRHPI @nrhtx.com E SUMMARY OF THE ZONING BOARD OF ADJUSTMENT The Board of Adjustment shall have the powers and exercise the duties of a Board in accordance with Section 211.009 of the Texas Local Government Code. Board members are representatives of the City and shall have the right to inspect premises where required in the discharge of their responsibilities under the laws of the State of Texas and the Ordinances of the City of North Richland Hills. The Board's jurisdiction shall extend to and include the hearing and deciding of the following topics of appeals and applications and to that end shall have the necessary authority to ensure continuing compliance with its decision. The Board of Adjustment, in specific cases, may authorize or order the following: Interpretation: To hear and decide appeals where it is alleged there is error on any order, requirement, decision or interpretation of the Zoning regulations by the Building Official in the enforcement of this Ordinance or a zoning district boundary. In reaching its decision,the Board shall establish firm guidelines for future administrative actions on like matters. Permits for Nonconformity: To authorize a building permit for the reconstruction,extension, or enlargement of a building occupied by non-conforming uses, on the lot or tract occupied by such building, provided such reconstruction does not prevent the potential return of such property to a conforming use. Discontinuance of nonconformity: To require discontinuance of non-conforming uses of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time,taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this Ordinance. All actions to discontinue a non-conforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated non-conforming use and the conservation and preservation of the property. The Board shall, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any non-conforming use within the City. Variances: To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest and where, because of special conditions, the enforcement of the Ordinance would result in an unnecessary hardship. However, the Board shall not have the power to grant variances from the terms of this Ordinance or to grant a variance for a change in use not allowed in a district. In exercising it powers to grant a variance,the Board of Adjustment shall make findings and show in its minutes that: a. Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. b. The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district. c. The relief sought will not injure the permitted use of adjacent conforming property. d. The granting of the variance will be in harmony with the spirit and purposes of these regulations. 2 1 SUMMARY OF THE ZONING BOARD OF ADJUSTMENT APPLICATION REQUIREMENTS APPLICATION REVIEW REQUIREMENTS: 1. AFTER DENIAL OF A BUILDING PERMIT, MEET WITH A REPRESENTATIVE OF THE PLANNING DEPARTMENT TO REVIEW APPLICATION REQUIREMENTS FOR YOUR SPECIFIC REQUEST i 2. COMPLETED APPLICATION WITH NOTARIZED SIGNATURES OF OWNERS AND/OR APPLICANT AND FILING FEE OF $192 FOR RESIDENTIAL AND $227 FOR NON- RESIDENTIAL PROPERTIES. 3, ADDRESS AND LOT, BLOCK AND SUBDIVISION OF SUBJECT PROPERTY 4. DETAILED DIAGRAM OF SITE/PLOT PLAN DRAWN TO SCALE WITH OTHER RENDERINGS AS DESIRED. THE SCALE SHOULD BE NO LESS THAN 1" = 50' a. Single Family or Simple Request: 1 SITE/PLOT PLAN 8.5" X 11"OR 8.5" X 14" b. Commercial, Industrial, or Multi-Family: 1 FOLDED SITE PLAN 24" X 36" 5. SUBMIT A COPY OF THE ORIGINAL TAX RECEIPT SHOWING ALL PROPERTY TAXES ARE PAID AND/OR ARE NOT PAST DUE. THE APPLICATION MUST BE COMPLETED AND MEET ALL NORTH RICHLAND HILLS ORDINANCE REQUIREMENTS BEFORE A VARIANCE REQUEST CAN BE SCHEDULED FOR A PUBLIC HEARING i DELIVERY ADDRESS: PLANNING DEPARTMENT CITY OF NORTH RICHLAND HILLS 7301 N.E. LOOP 820 NORTH RICHLAND HILLS, TX 76180 i DIRECT QUESTIONS TO PLANNING DEPARTMENT STAFF AT (817) 427-6300 t 3 Zoning Board of Adjustment Application Attachments: Varney-9116 Hallmark drive North Richland Hillls, TX 76182 1,. Property Survey 2. Site Plan 3. Paid Tax Receipt 4. Scaled Cross Section showing various elevations of the proposed site area, adjacent fences, retaining wall and neighbor's property(8117 Belmont Ct,) S. Photographs of the proposed site area,adjacent fences, retaining wall and neighbor's property (8117 Belmont Ct.) Reference:Original Permit Application NBR: 17—00000042 Filed 10/04/2016 Dis-Approved 10/28/2016 8116 Hallmark Drive/Varney � | | ( | / ' OD Eo | | �io LE | ' | | | ' | | � | ' � | | | � | | | | | | | / | | | / � | _-zb---_-_-�---_---_---_---_---_---_--__-__--__--__--__--__--__--__--__--___� | / | | | � | ' | | | | � | | i d W J C6 \/ `z FEI U o U u- o = x U � W W N _� M Q O m9 w o y x cD LL W afU m 00 00 i Q O O a 012 m N p y� N M Py IL J J , m F °o o J J w ° t— ° I— Z m Q J CO v Of 1Of M V L Q CD Q i J Q T N/ 1 1 LL P P Q t I V Q W J W Z Q cN wocr- � o J p J p M W Z 00 1 iV �p I V L t r d W j J 00 u c °o W C) a0 � o0 0 0 0 i ---------------------------------- N c--------------- v d LY o G( c) 0 ' O J C) J c:> �I/ 00 I � i I I I I I I I I I I I I I I I I I I I I I I Z I i i 4 C ❑ FEI Ia EL O I I I I I I � I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I 1 I I 1 I I 1 1 I 1 1 I I I j I I I I I ❑ ❑ I I I I 1 I i ---------------------------- /„ �, /f � �< %'!� �.. i �� / rri r ' / ,;;, '';,"��n � �: Y � ,, �� ,��.Y j /"" o, II 4 ���/i ,ji �� it � � .n„�� � �� � �,�. �A".✓ I �� /��. �°�� � � � f �� ///i'i' � r/L �/if ��( '/ �J {y"r F f � ,.,,.2r �� „� �,��.M� 2„ i „°s o, Ir � r / 1 IIr ry � Y� P ry /fU I� � i ,I � pv� f 'I i^r""�� I � � I������ ��� ��i.1 Ili I, ,� �;, � �� i a � � P D 1 N � ;r—w°°-....�' y � � � ��� 1 f � � ,,, w '' I�n�„ � '-. �, r , 1 i ���� � l ,U I ^^...,.,w �3 0 M1 1�. /(�i� � 4� Nry�Jf µQ i M Y^ r^>>Ff 4 � ' ry �""'„"� it�` '�J � ',,,,1 „.y �,� ""* r 't >, 5 y } r 1. Looking toward Southern end of yard where we would like to place structure. 16' side of proposed structure would run left to right in picture and chair in center is approximate position of where proposed fireplace would be located facing camera. i 2. Same position as photo#1 but angling right toward southwest corner of rear yard toward house to incorporate rear of house.24' side of proposed structure would along right side of picture and parallel to rear of house. 8116 Hallmark Drive J Varney w" n 3. Same position as photo#1 but angling left toward outside southeast corner of property to incorporate rear fence, retaining wall and rear view of neighbor's property(8117 Belmont Court)and house. 7Y i.NrvYWV' 0, N V p r 4. Same position as photo#3 but angling further left to get better rear view of neighbor's property (8117 Belmont Court),fence, house and change in elevation. 8116 Hallmark Drive/Varney L CGEND OF AND e'rtlBaL5 Lu", I MINI, �_L R,O W �l W, L OT 2c, 121 irF .............. LOT 14 PI LOI l(v j 2e, ell L F121 IRF w 1 11 HALLMARK DRIVE A 'i &b 41A4LMIK URN e AF'l 1fn'M WT TPF­ ro:�NNG, /1—rl,,_ nWwA 4, �'f R,R.T,CT ?G m% OxT",I, I OA�T"l 2W u. F rX I- 1f,'I II -, 1-11 11�11"`� w -"l-n V, "IH w­V,.1­11. _�I I I;%.lz 141-ll� Ji'41' rllµ 9111, uh, ra� LEGAL OEeCRIFTION .11 14 _roIll -1 ­ �­I I � ._ . - - L, 15, Bj�k 5, MMly�It�MMAG IZ I gnat;,PHAM l, nn Ia .Md 100" P� Peaor" T nt T Ci, .tyt, f V.zlO I LAND A L S S Lf R-V I�YIN G I ... .......... 3ti0 anoo s ¢ ��'¢ ( � �13N Ij 9 LZi 0 13N,3j 9 "ryy) ( J VM '1321 ! I O O N iO,Z9.00 N 3A AYG X&VH77*1 ON]Nil 111N,CINd 9040 c se 001-0 O