HomeMy WebLinkAboutZBA 2021-10-28 Agendas k4Ft,
D HILLS
CITY OF NORTH RICHLAND HILLS
ZONING BOARD OF ADJUSTMENT AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
THURSDAY, OCTOBER 28, 2021
WORK SESSION: 6:30 PM
Held in the City Council Work Room, Third Floor
A. CALL TO ORDER
1. Planning irector report
2. Discuss items from the regular Zoning Board of Adjustment meetinq.
REGULAR MEETING: 7:00 PM
Held in the City Council Work Room, Third Floor
A. CALL TO ORDER
A.1 PLEDGE
A.2 PUBLIC COMMENTS
An opportunity for citizens to address the Zoning Board of Adjustment on
matters which are scheduled on this agenda for consideration by the Board,
but not scheduled as a public hearing. In order to address the Zoning Board
of Adjustment during public comments, a Public Meeting Appearance Card
must be completed and presented to the recording secretary prior to the start
of the Zoning Board of Adjustment meeting.
Thursday, October 28, 2021 Zoning Board of Adjustment Agenda
Page 1 of 2
A.3 Election of officers
B. MINUTES
B-1 Approve Minutes of the June 24, 2021 Zoning Board of Adjustment
Meeting.
C. GENERAL ITEMS
C-1 ZBA21-0001 Public hearinq and consideration of a request from Enqin
Calvin for a variance from Section 118-718(d) (Carport regulations) of
the North Richland Hills zoning ordinance at 4704 Ridgeside Drive,
being 0.22 acres described as Lot 20,_Ejgck 1, Parkrige states.
D. ADJOURNMENT
Certification
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, October 22, 2017, by 5:00 PM.
Clayton Husband AICP
Principal Planner
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, October 28, 2021 Zoning Board of Adjustment Agenda
Page 2 of 2
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NOLa`C`H KIC"HLAND HILLS
ZONING BOARD OF ADJUSTMENT MEMORANDUM
FROM: Planning & Zoning Department DATE: October 28, 2021
SUBJECT: Planning Director Report
PRESENTER: Clayton Comstock, Planning Director
GENERAL DESCRIPTION:
Staff will report on general announcements related to upcoming events and
development activity in North Richland Hills and items of general interest to the Board.
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NOKTH KICHLAND HILLS
ZONING BOARD OF ADJUSTMENT MEMORANDUM
FROM: Planning & Zoning Department DATE: October 28, 2021
SUBJECT: Discuss items from the regular Zoning Board of Adjustment meeting.
PRESENTER: Clayton Comstock, Planning Director
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.
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NOKTH KICHLAND HILLS
ZONING BOARD OF ADJUSTMENT MEMORANDUM
FROM: Planning & Zoning Department DATE: October 28, 2021
SUBJECT: Election of Officers
PRESENTER: Clayton Comstock, Planning Director
SUMMARY
The Zoning Board of Adjustment will elect the following officer positions.
• Chair
• Vice Chair
City staff traditionally serves as secretary for the Board.
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NOKTH KICHLAND HILLS
ZONING BOARD OF ADJUSTMENT MEMORANDUM
FROM: Planning & Zoning Department DATE: October 28, 2021
SUBJECT: Approve minutes of the June 24, 2021 , Zoning Board of
Adjustment meeting.
PRESENTER: Clayton Comstock, Planning Director
SUMMARY:
The minutes are approved by majority vote of the Board at the Zoning Board of
Adjustment meetings.
GENERAL DESCRIPTION:
The Planning and 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 June 24, 2021, 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, 4301 CITY POINT DRIVE
JUNE 24, 2021
WORK SESSION: 6:30 PM
A. CALL TO ORDER
The Zoning Board of Adjustment of the City of North Richland Hills, Texas met in
work session on the 24th day of June 2021 at 6.30 p.m. in the City Council
Chamber prior to the 7.00 p.m. regular Zoning Board of Adjustment meeting.
Present: Doris Elston Place 7, Vice Chair
Crystal Ndidi Ibe Place 3
Steve Koons Place 4
Bill Gibbs Place 6
Absent: Tom Duer Place 5, Chair
Jim Kemp Place 1
Thomas Clemmons Place 2, Alternate
Staff Members: Clayton Comstock Planning Director
Clayton Husband Principal Planner
Chad VanSteenberg Planner
Stefanie Martinez Neighborhood Services Director
Brian Thomas Code Enforcement Officer
Vice Chair Elston called the work session to order at 6.32 p.m.
A.1 DISCUSS ITEMS FROM THE REGULAR ZONING BOARD OF
ADJUSTMENT MEETING.
Principal Planner Clayton Husband summarized the item on the agenda. He
discussed the voting requirements for the Board based on the number of members
present at the meeting.
Vice Chair Elston adjourned the work session at 6.48 p.m.
REGULAR MEETING: 7:00 PM
June 24, 2021
Zoning Board of Adjustment Meeting Minutes
Page 1 of 4
A. CALL TO ORDER
Vice Chair Elston called the meeting to order at 7.00 p.m.
Present: Doris Elston Place 7, Vice Chair
Crystal Ndidi Ibe Place 3
Steve Koons Place 4
Bill Gibbs Place 6
Absent: Tom Duer Place 5, Chair
Jim Kemp Place 1
Thomas Clemmons Place 2, Alternate
Staff Members: Clayton Comstock Planning Director
Clayton Husband Principal Planner
Chad VanSteenberg Planner
Stefanie Martinez Neighborhood Services Director
Brian Thomas Code Enforcement Officer
A.1 PLEDGE
Principal Planner Clayton Husband led the Pledge of Allegiance to the United States
flag.
A.2 PUBLIC COMMENTS
There were no requests to speak from the public.
B. MINUTES
THIS WAS APPROVED.
B.1 APPROVE MINUTES OF THE JANUARY 28, 2021, ZONING BOARD OF
ADJUSTMENT MEETING.
APPROVED
June 24, 2021
Zoning Board of Adjustment Meeting Minutes
Page 2 of 4
A MOTION WAS MADE BY BOARD MEMBER GIBBS, SECONDED BY BOARD
MEMBER KOONS TO APPROVE THE MINUTES OF THE JANUARY 28, 2021,
ZONING BOARD OF ADJUSTMENT MEETING.
MOTION TO APPROVE CARRIED 4-0.
C. GENERAL ITEMS
CA BA 2021-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM JIM FENTRESS FOR A VARIANCE FROM SECTION 118-313 (LOT
AND AREA REQUIREMENTS) AND SECTION 118-718 (ACCESSORY
BUILDINGS AND STRUCTURES) OF THE NORTH RICHLAND HILLS
ZONING ORDINANCE AT 7905 IRISH DRIVE, BEING 0.21 ACRES
DESCRIBED AS LOT 2, BLOCK 1, IRISH MEADOWS SECTION 1
ADDITION.
DENIED
Vice Chair Elston read the rules and regulations of the Zoning Board of Adjustment.
Vice Chair Elston opened the public hearing, and called for Principal Planner Clayton
Husband to introduce the request. Mr. Husband introduced the request.
Vice Chair Elston called for the applicant to present the request and be sworn in prior
to speaking.
The applicant, Jim Fentress, 6001 Avalon, North Richland Hills, Texas, was sworn in
by Vice Chair Elston and presented the request.
Mr. Husband presented the staff report.
Vice Chair Elston called for anyone wishing to speak for or against the request to
come forward. There being no one else wishing to speak, Vice Chair Elston closed
the public hearing.
A MOTION WAS MADE BY BOARD MEMBER KOONS, SECONDED BY BOARD
MEMBER GIBBS TO DENY BA 2021-02 BASED UPON THE DETERMINATION
THAT THE HARDSHIP WAS SELF-IMPOSED
MOTION TO DENY CARRIED 4-0.
June 24, 2021
Zoning Board of Adjustment Meeting Minutes
Page 3 of 4
D. ADJOURNMENT
Vice Chair Elston adjourned the meeting at 7.27 p.m.
Doris Elston, Vice Chair
Attest:
Clayton Husband, Secretary
June 24, 2021
Zoning Board of Adjustment Meeting Minutes
Page 4 of 4
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NOKTH KICHLAND HILLS
ZONING BOARD OF ADJUSTMENT MEMORANDUM
FROM: Planning & Zoning Department DATE: October 28, 2021
SUBJECT: ZBA21-0001 Public hearing and consideration of a request from
Engin Calvin for a variance from Section 118-718(d) (Carport
regulations) of the North Richland Hills zoning ordinance at 4704
Ridgeside Drive, being 0.22 acres described as Lot 20, Block 1,
Parkridge Estates.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY
Engin Calvin is requesting approval of a variance from the side and rear building setback
and carport size to allow a 440-square-foot and 14-foot tall carport to be constructed on
the side of the house two feet from the side property line and eight feet from the rear
property line. The property is located at 4704 Ridgeside Drive.
BACKGROUND INFORMATION
The property is located on the east side of Ridgeside Drive, between Parkridge Drive and
Quail Ridge Drive. The rear property line abuts Rufe Snow Drive. The property is zoned
R-1 (Single-Family Residential) and is developed with a single-family residence
constructed in 1985. The 9,527-square-foot lot is part of the Parkridge Estates
subdivision, which was platted in 1983. The lot is rectangular in shape, being
approximately 85 feet wide and 111 feet deep. The property is owned and occupied by
the applicant.
In September 2021 the owner applied for a building
permit to construct a carport at the rear of the
driveway on the property. A side entry garage is %!
f
located at the rear of the house, and the carport is
proposed to cover a portion of the driveway adjacent
to the garage.As part of the plan review, it was noted
that the carport was larger than permitted and would
encroach the side and rear building Tines. The owner
considered modifications to the carport size and
dimensions in order to comply with the standards.
However, the owner ultimately decided to seek a
variance to allow the structure as proposed.
The variance application and supporting materials are attached. The materials include a
copy of the application explaining the reasoning for the variance request and other
relevant documents. An analysis of the request and relevant codes is below.
NOKTH KICHLAND HILLS
ANALYSIS
The variance request is related to standards for carports, which are contained in Sect.J oi rl
q p �" ro
of the zoning ordinance.
The carport would be constructed in the southeast corner of the property, adjacent to the
garage at the rear of the driveway. The carport is 440-square-feet in area, which is 80
square feet larger than the maximum allowed size of 360 square feet. The structure
measures 20 feet wide and 22 feet deep. The structure would encroach the side building
line by four feet, which would result in the carport being two feet from the south property
line. The structure would also encroach the rear building line by two feet, which would
place the carport eight feet from the rear property line adjacent to Rufe Snow Drive. The
overall height of the structure is 14 feet. The exhibits below show the location of the
structure on the lot.
... DF2Dx22 GaaWo pavilion Sp.wal Co.dwras
q,. Douglas Fir with CodarFlR.odwood posts 4reyRtaern Cetrornma+dutl Aa cnmt.r YwnCrrr
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CARPORT LOCATION CARPORT DESIGN
Given its proposed location on the property, the structure is not in compliance with zoning
ordinance requirements related to size and building setbacks. The table below compares
the carport standards with the compliance status of the proposed structure.
(1) Location:Must be located on same lot as primary
structure
Complies.
(2) Use:Allowed in any zoning district Complies. Property is zoned R-1(Single-Family
Residential).
(3) Front building line: Must not extend beyond front
Complies.Carport is not located in front yard.
building line
(4) Side building line:Corner lots-6 feet on interior side
and same as primary structure on street side(15 11)01II C NO 111'"'C0I1\111''IN...If.Side setback is two(2)feet.
feet)
(5) Rear building line: 10 feet 1 DCIII S IINC� CCIIAI!1 11...Y. Rear setback is 8 feet.
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NOKTH KICHLAND HILLS
(6) Maximum height: 15 feet Complies.Overall height of carport is 14.25 feet to
peak of roof.
(7) Maximum size:360 square feet
I D0111 C INO� COIIOIII'Ii... .Carport is 440 square feet in area,
measuring 22 feet wide by 20 feet deep.
(8) Maximum number allowed:One carport Complies
(9) Vehicle parking surface: Must be on concrete and
Complies.Carport to be built over existing driveway.
have access to a public street
(10) Rear yard open space:Does not affect 20%rear yard
open space requirement Complies
(11) Use: Must not be used for business or dwelling
purposes
Complies
(12) Entry distance:Minimum distance between side or Complies. Entrance is 80 feet from front property line.
rear property line and carport entrance must be 22 Carport is located adjacent to existing side entry
feet garage.
(13) Design criteria
Roof: Pitch of roof must be at least 4:12 Roof: Complies. Pitch is 6:12.
Posts: Metal posts not permitted. Posts must be clad Posts 1 D0111 C INffl"'COIIOIII'll... . Posts are cedar or
in masonry or an alternative architecturally enhanced redwood material.
material.
BUILDING CODE REQUIREMENTS IF APPROVED
As part of the building permit review, the following comments were provided to the
applicant in the event the Zoning Board of Adjustment approves the requested variances.
These are building code standards provided for the Board's reference only. Variances to
these standards may not be approved by the Zoning Board of Adjustment.
1. Columns. Since the International Residential Code (IRC) applies to the residence,
accessory buildings, and any attachments, the one-hour fire protection
requirement not only applies to interior spaces but also to the protection of the
structural components. One-hour fire protection of the columns is required.
Columns 8"x 8" or 6"x 8" in size are sufficient because they meet definition for
Heavy Timber construction.
2. Roof. Since the roof of the structure will possibly be located within 5 feet of the
property line, it is considered a horizontal projection. Horizontal projections,
regardless of their construction, cannot be located closer than 24 inches to the
property line. Headers and beams must be at least 4" X 6".
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NOKTH KICHLAND HILLS
3. Roof decking. Tongue and groove roof decking needs to be a minimum 2-inch
nominal thickness if it is to be considered Heavy Timber construction.
If Heavy Timber construction methods are utilized, the structure may be built to the 2'-0"
fire separation distance if the Zoning Board of Adjustment approves the variance
request. Alternatively, construction using all fire-retardant treated lumber may also satisfy
the IRC for fire protection.
FINDINGS FOR VARIANCE APPROVAL
Section ,11,11,E , , „�, ,,�, of the zoning ordinance 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 it powers to grant a variance, the board of adjustment must make specific
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 approve variances to the
size and building line setbacks for the structure and allow the carport to be
constructed as presented.
2. Approve the variance with conditions. This action would approve variances to the
size and building line setbacks for the structure, subject to the owner making
modifications to its size, location, or design as directed by the Board.
3. Deny the variance. This action would require the structure to be built in compliance
with size and building line setbacks.
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k4FItH PUBLIC HEARING NOTICE
NORTH RICHLAND HILLS CASE: ZBA21 -0001
WIEDER, MARTY
6637 QUAIL RIDGE DR
NORTH RICHLAND HILLS TX 76180
You are receiving this notice because you are a property owner of record within 200 feet of the property
requesting a variance from the zoning ordinance as shown on the attached map.
APPLICANT Engin Calvin
LOCATION 4704 Ridgeside Drive
REQUEST Public hearing and consideration of a request from Engin Calvin for a variance from
Section 118-718(d) (Carport regulations) of the North Richland Hills zoning
ordinance at 4704 Ridgeside Drive, being 0.22 acres described as Lot 20, Block 1,
Parkridge Estates.
DESCRIPTION Variance from the side and rear building setback and carport size to allow a 440-
square-foot and 14-foot tall carport to be constructed on the side of the house two
feet from the side property line and eight feet from the rear property line.
PUBLIC HEARING DATES Zoning Board of Adjustment
7:00 PM Thursday, October 28, 2021
MEETING LOCATION City Council Work Room -Third Floor
4301 City Point Drive
North Richland Hills, Texas
People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning
Department for additional information. Letters must be received by the close of the Zoning Board of Adjustment public
hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the
request through to final action by Board.
Planning and Zoning Department 1 4301 City Point Drive - NRH, TX 76180
817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
FOR MORE INFORMATION, VISIT NRHTX.COM/MAP
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Planning and Zoning Department 4301 City Point Drive - NRH, TX 76180
817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
NOTIFIED PROPERTY OWNERS
ZBA21-0001
CALVIN,JOHNNY RAY 4704 RIDGESIDE DR NORTH RICHLAND HILLS TX 76180
COSMAN,CORNEL 6700 SHAUNA DR NORTH RICHLAND HILLS TX 76180
DEANGELIS,JOHN E 6629 QUAIL RIDGE DR NORTH RICHLAND HILLS TX 76180
DOMINGUEZ,MICHAEL 6703 RIVIERA DR NORTH RICHLAND HILLS TX 76180
GENTRY,CYNTHIA 6705 RIVIERA DR NORTH RICHLAND HILLS TX 76180
JOHNSON,LOURIE 6628 PARKRIDGE DR NORTH RICHLAND HILLS TX 76180
JONES,BARBARA J 4700 RIDGESIDE DR NORTH RICHLAND HILLS TX 76180
JONES,KATHRYN 6711 RIVIERA DR NORTH RICHLAND HILLS TX 76180
JUAREZ,JOSE 6701 RIVIERA DR NORTH RICHLAND HILLS TX 76180
MCCORMICK,DONALD A 6633 PARKRIDGE DR NORTH RICHLAND HILLS TX 76180
MILLS,CHARLES 6709 RIVIERA DR NORTH RICHLAND HILLS TX 76180
PALLONE,ZACHARY 6633 QUAIL RIDGE DR NORTH RICHLAND HILLS TX 76180
PETERSON,SAMUEL J 4708 RIDGESIDE DR NORTH RICHLAND HILLS TX 76180
PHELPS,GERALD L 6628 QUAIL RIDGE DR NORTH RICHLAND HILLS TX 76180
REDWINE,SONDRA M 6632 QUAIL RIDGE DR NORTH RICHLAND HILLS TX 76180
SFR JV-2019-1 BORROWER LLC 108 BROOKHOLLOW DR SANTA ANA CA 92705
STOUT,JOANN 6629 PARKRIDGE DR NORTH RICHLAND HILLS TX 76180
SUGGS,JOHN T 6632 PARKRIDGE DR NORTH RICHLAND HILLS TX 76180
WIEDER,MARTY 6637 QUAIL RIDGE DR NORTH RICHLAND HILLS TX 76180
YERBY,JAMES MARION 4648 RIDGESIDE DR NORTH RICHLAND HILLS TX 76180
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SELECT APPLICATION TYPE
❑ Interpretation ❑ Permit for Nonconformity ❑ Discontinuance of Nonconformity ❑■ Variance
DEVELOPMENT INFORMATION
Property Address 4704 Ridgeside Drive
Legal Description
Current Zoning Acreage
Current Use
OWNER INFORMATION
Name Engin Calvin
Address 4704 Ridgeside Drive
city North Richland Hills State tx ZIP 76180
Phone 817-729-1750 Email
For additional owners, please include additional copies of this page. The property owner must sign the application or submit a
notarized letter of authorization.
REPRESENTATIVE/AGENT INFORMATION
Name Engin Calvin
Address 4704 Ridgeside Drive
City North Richland Hills State Tx ZIP 76180
Phone 817-729-1750 Email
CERTIFICATION
certify that the above information is correct and complete to the best of my knowledge and ability, and that I will be fully
prepared to present the proposal at a Zoning Board of Adjustment meeting. I reserve the right to withdraw this proposal at
any time by filing a written request with the Planning & Zoning Department.
Owner Signature Date Owner Name (print)
Agent Signature Date Agent Name (print)
2018 Planning&Zoning Department 1 4301 City Point Drive - NRH 76180 PAGE 1 OF 4
817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
"' 0 IIN'l IIIIII IIIII G III3 0 A, III . IIIIII' AIIIII JIII L,,,l S `!`MIIIIIIIIIIIIII IIIINil
1. List the pertinent section(s) of the zoning ordinance and indicate the specific variances being requested. If necessary, use
a separate sheet.
Permit denied ACST-0921-0004, Set backs not met. 1 Oft side yard set back from property line. 10ft
Rear yard set back from property line. Requesting 20x22 Residential Carport - with fire wall.
2. State the grounds for the request and describe any special conditions that cause hardships that, in your opinion,justify the
variance(s) being requested. Examples of special conditions are: topography, creeks, utility lines, irregular lot or tract shapes,
etc. The Zoning Board of Adjustment must determine that special conditions exist before making a motion to approve a
request. If it is determined that special conditions do not exist, the motion must be to deny the request. If necessary, use a
separate sheet.
Our home has irregular lot / tract shape- home was built in 1980, we have a sports car and boat that
can fit into the garage, our current car is an expedition and a F-150 Ford Truck, that will not even
clear the garage door height. We are trying to protect our property, ie... weather-hail storms, heat
that is deteriorating the paint on the vehicles. My husband is disabled and trying to protect him from
weather related occurrences.
3. Explain any special circumstances, if applicable, not considered by the zoning ordinance. Examples: (1) if the subdivision
plat was approved prior to the current zoning ordinance requirements; or (2) the zoning ordinance was amended or a policy
change was adopted after submitting an application for a building permit or other phase of the development process. If
necessary, use a separate sheet.
20 years ago, I inquired about having a detached carport, and was told as long as it was 6 feet from
the neighbors home, there would be no problem. Unfortunately, due to an accident my husband
left him paralysed on the left side, of course nothing mattered at that time, but his health. I still have
to worry about keeping him safe and protect him from the Texas Heat, he has fainted in the
driveway several times, several neighbors has come over and helped. This last time 2 cracked ribs,
and surgery on his neck.
2018 Planning&Zoning Department 1 4301 City Point Drive - NRH 76180 PAGE 2 OF 4
817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
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