HomeMy WebLinkAboutZBA 2019-04-30 Minutes 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
APRIL 30, 2019
Council Workroom
WORK SESSION
A. CALL TO ORDER
The Zoning Board of Adjustment of the City of North Richland Hills, Texas met in work
session on the 30th day of April, 2019, at 6:30 p.m. in the City Council Work Room prior to
the 7:00 p.m. regular session.
Present: Tom Duer Place 5, Chairman
Jim Kemp Place 1
Bill Gibbs Place 6
Doris Elston Place 7
Steve Koons Place 3, Alternate
Absent: Fonda Kunkel Place 4
Thomas Clemmons Place 2, Alternate
City Staff: Clayton Husband Principal Planner
John Chapman Planning Technician
Rayneice Jones Code Compliance Officer
Chairman Tom Duer called the work session to order at 6:31 p.m.
1 PLANNING DIRECTOR REPORT
Principal Planner Clayton Husband provided an update on City Council approved
projects, development activity, and City announcements.
2 DISCUSS ITEMS FROM THE REGULAR ZONING BOARD OF
ADJUSTMENT MEETING.
Principal Planner Clayton Husband discussed item C.1 on the agenda with the Board
and asked for questions.
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Zoning Board of Adjustment Meeting Minutes
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The Board and Mr. Husband discussed the required length for new driveways.
Alternate Board Member Steve Koons and Mr. Husband discussed the Board's
history of granting a variance from the required covered parking standards. Mr.
Husband stated the Board's history does not set a precedent for all cases but was not
aware of the Board denying a similar request in the past.
Principal Planner Clayton Husband discussed item C.2 on the agenda with the Board
and asked for questions.
Chairman Tom Duer and Mr. Husband discussed if there are other options where the
refuse container and screening wall could be located that would meet existing
development standards.
Chairman Duer adjourned the work session at at 6:56 p.m.
REGULAR MEETING
A. CALL TO ORDER
Present: Tom Duer Place 5, Chairman
Jim Kemp Place 1
Bill Gibbs Place 6
Doris Elston Place 7
Steve Koons Place 3, Alternate
Absent: Fonda Kunkel Place 4
Thomas Clemmons Place 2, Alternate
City Staff: Clayton Comstock Planning Director
Clayton Husband Principal Planner
John Chapman Planning Technician
Rayneice Jones Code Compliance Officer
Chairman Tom Duer called the meeting to order at 7:01 p.m.
PLEDGE OF ALLEGIANCE
Chairman Tom Duer led the Pledge of Allegiance to the United States flag.
B. MINUTES
April 30, 2019
Zoning Board of Adjustment Meeting Minutes
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B.1 APPROVE MINUTES OF THE JANUARY 24, 2019, ZONING BOARD OF
ADJUSTMENT MEETING.
APPROVED
A MOTION WAS MADE BY BOARD MEMBER JIM KEMP, SECONDED BY BOARD
MEMBER BILL GIBBS TO APPROVE MINUTES OF THE JANUARY 24, 2019,
ZONING BOARD OF ADJUSTMENT MEETING.
MOTION TO APPROVED CARRIED 5-0.
C. GENERAL ITEMS
C.1 BA 2019-02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM AGUSTIN AND MERCEDEZ AVALOS FOR A VARIANCE TO
SECTION 118-833 OF THE NORTH RICHLAND HILLS ZONING
ORDINANCE AT 4604 MACKEY DRIVE, BEING 0.214 ACRES DESCRIBED
AS LOT 14, BLOCK 7, SKYLINE HOMES ADDITION.
APPROVED
Chairman Tom Duer reviwed the procedures, rules, and regulations of the Zoning
Board of Adjustment. He noted that Alternate Board Member Steve Koons is a voting
member of the Board tonight due to the absence of Board Member Fonda Kunkel.
Chairman Duer introduced the item, and called for Principal Planner Clayton
Husband to introduce the request. Mr. Husband introduced the request.
Chairman Duer called for the applicants to come forward and present the request.
Chairman Duer swore in the applicants prior to their presentation.
Agustin and Mercedes Avalos, 4604 Mackey Drive, North Richland Hills, Texas
76180, stated the reason why they are requesting the variance to the required
covered parking requirement is to retain a previously converted garage that is
partially used for physical therapy and medical care for their child. The applicants
stated due to a financial hardship, pouring a concrete driveway to the rear of the
property and constructing two new covered parking spaces is not feasible.
Board Member Bill Gibbs asked the applicants if the garage was converted prior to
purchasing the residence. The applicants stated yes, that the garage was converted
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Zoning Board of Adjustment Meeting Minutes
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prior to purchasing the residence.
Chairman Duer asked the applicants if granting a variance to allow construction of a
carport in front of the garage is possible. The applicants stated they cannot build a
carport in front of the garage due to existing development standards.
Chairman Duer called for anyone wishing to speak for or against the request to come
forward. There being no one wishing to speak, Chairman Duer closed the public
hearing.
Chairman Duer called for Mr. Husband to present the staff report. Mr. Husband
presented the staff report.
Chairman Duer asked Mr. Husband if the Board could postpone a decision on the
required parking to provide the applicants enough time to investigate a more feasible
option to construct a carport in front of the garage. Mr. Husband stated the requested
variance could be approved with conditions.
Chairman Duer asked Mr. Husband if a variance could be granted to allow a carport
to encroach the front build line. Mr. Husband stated if a new application and hearing
would be required to consider a carport since it is not part of the variance request.
Board Member Jim Kemp asked Code Enforcement Office Rayneice Jones to
discuss how the converted garage was discovered. Ms. Jones stated a resident
reported the violation.
Chairman Duer asked Mr. Husband if we knew of any other detached garages Mr.
Husband stated it appears there are accessory buildings in some rear yards.
Board Member Gibbs asked Mr. Husband if conditions could be placed on the
applicant to permit a variance to the covered parking requirement for a period of time
to allow the applicants time to either construct two additional covered parking spaces
or convert garage back to a garage.
Planning Director Clayton Comstock reminded the Board of the four findings for
variance approval used by the Board when exercising its power.
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Zoning Board of Adjustment Meeting Minutes
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A MOTION WAS MADE BY BOARD MEMBER JIM KEMP, SECONDED BY BOARD
MEMBER DORIS ELSTON TO APPROVE BA 2019-02 AS PRESENTED.
MOTION TO APPROVED CARRIED 5-0.
C.2 BA 2019-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM NORTH TEXAS SURGICAL SPECIALISTS FOR A VARIANCE TO
SECTIONS 118-831, 118-833, AND 118-874 OF THE NORTH RICHLAND
HILLS ZONING ORDINANCE AT 6901 DAVIS BOULEVARD, BEING 0.5749
ACRES DESCRIBED AS LOT 23R, BLOCK 1, W. E. ODELL ADDITION.
APPROVED
Chairman Duer introduced the item, and called for Principal Planner Clayton
Husband to introduce the request. Mr. Husband introduced the request.
Chairman Duer called for the applicants to come forward and present the request.
Chairman Duer swore in the applicants prior to their presentation.
Rob San Miguel and Jay Patel, with North Texas Surgical Specialists, 6901 Davis
Boulevard, Suite 100, North Richland Hills, Texas 76182, stated the variance is being
requested due to a code violation requiring the refuse container on site to be
enclosed. Mr. San Miguel stated they applied for residential service with Republic
Waste and were denied. Mr. San Miguel stated the businesses need trash service
and a refuse container on site, however they cannot construct the refuse enclosure
under current development standards due to existing development constraints.
Chairman Duer asked if the parking lot is ever filled to capacity. The applicants stated
the parking lot could be full on certain days.
Chairman Duer called for anyone wishing to speak for or against the request to come
forward. There being no one wishing to speak, Chairman Duer closed the public
hearing.
A MOTION WAS MADE BY ALTERNATE BOARD MEMBER STEVE KOONS,
SECONDED BY BOARD MEMBER JIM KEMP TO APPROVE BA 2019-03 AS
PRESENTED.
MOTION TO APPROVE CARRIED 5-0.
April 30, 2019
Zoning Board of Adjustment Meeting Minutes
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D. ADJOURNMENT
Chairman Tom Duer adjourned the meeting at 7:52 p.m.
4^ 7. 7,- .-/
Tom Duer, Chairman
Attest:
Clayto band, Secretary
April 30, 2019
Zoning Board of Adjustment Meeting Minutes
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