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Home My WebLink AboutZBA 2022-05-26 Agendas Canceled k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 THURSDAY, MAY 26, 2022 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, May 26, 2022 Zoning Board of Adjustment Agenda Page 1 of 2 B. GENERAL ITEMS ZBA22-0004 Public hearing and consideration of a request from Tommy Cunningham for a variance from Section 118-313 (lot and area requirements) of the North Richland Hills zoning ordinance at 1 Country Place Drive, b being acres described as Tract 7A2A, Stephen Richardson Survey, Abstract 1266. C. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the 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, May 20, 2022, 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, May 26, 2022 Zoning Board of Adjustment Agenda Page 2 of 2 "I r*4W NOLa`C`H KIC"HLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: May 26, 2022 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. "K NOKTH KICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: May 26, 2022 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. "K NOKTH KICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: May 26, 2022 SUBJECT: ZBA22-0004 Public hearing and consideration of a request from Tommy Cunningham for a variance from Section 118-313 (lot and area requirements) of the North Richland Hills zoning ordinance at 1 Country Place Drive, being 1.26 acres described as Tract 7A2A, Stephen Richardson Survey, Abstract 1266. PRESENTER: Clayton Husband, Principal Planner SUMMARY Tommy Cunningham is requesting approval of a variance from the front building setback in order to establish the location of the front building setback on an irregular lot. The property is located at 1 Country Place Drive. BACKGROUND INFORMATION Country Place Drive is a dead-end street located on the east side of Davis Boulevard just north of the intersection of Bursey Road. The property is located at the northeast corner where Country Place Drive turns to a north-south street. The property is sited between an Oncor electric substation and Little Bear Creek. It is also adjacent to single-family residences in Country Place Estates, a 19-lot subdivision platted in 2004. The property is vacant, as the single-family residence on the site was recently demolished. A zoning change on the property to R-1 (Single- Family Residential) and a final plat of the property were approved by City Council on February 28, 2022. The owner platted the 1.258- � � acre lot for the purpose of constructing a new e house. A portion of the property is located in the floodplain and floodway of Little Bear Creek. m, The floodplain and floodway areas on the plat are designated as a drainage and public access easement. The public access easement dedication is required by Chapter 102 (Floods ° and Stormwater Management) of the Code of Ordinances, which provides standards for drainage functions, linear greenbelts, and public access for the Little Bear Creek corridor. Ni KICHLAND HILLS ANALYSIS 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. The purpose for the variance request is to determine the applicability of the front building line on the lot. The standards for front building lines in the R-1 (Single-Family Residential) zoning district are established by ' ca ion 118 313 of the zoning ordinance, which requires a 25-foot front building line. By definition, the front building line is a line located a minimum distance from and parallel to the front lot line. The front lot line generally coincides with the street frontage of the property. In the table below, the exhibit on the left shows the building setbacks standards for a typical residential lot. The exhibit on the right in the table shows the location and layout of the lot in question. The approved plat of the lot provides for a 25-foot building line that runs parallel to the south property line, which is considered the front property line due to the lot's frontage on Country Place Drive. I I 6u,ldng setback I from.property linel a TM e P RE51DENCE 'I 9 1 Boidain couwrrrxaatice etback fr arm��- �setback train property line 111 property lone -.._ -- ( I o 6 setback from � r.,, r.KK o.r pror,ri,y - .COUNTRY.. we RIDGE N TYPICAL BUILDING SETBACKS 1 COUNTRY PLACE DR The south property line of lot in question is 206 feet wide. Being located at the turn in the street, the lot has 50 feet of frontage on Country Place Drive. The remaining 156 feet coincides with the side property line of the adjacent property to the south. A copy of the subdivision plat for the lot is attached for reference. The applicant proposes to establish a 25-foot front building line on the portion of the lot immediately adjacent to the street frontage. The remainder of the south property is proposed to be considered as a side building line with a setback line of ten (10) feet. This arrangement would be similar to how building setbacks are applied to lots located on a turn in the street in a traditional subdivision. The exhibits below illustrate this arrangement (left) and show the proposed building setbacks for the lot in question (right). "K NOKTH KICHLAND HILLS a,s are Ck 730 0751 P 4 2.92 dud 1 nr z , s r 6 drd f T awr'S ry o, "r �" 1 d'P4 w :ao I M, �2�raa I �o en �� $ ,ems � was g ewi LOTS AT TURN IN STREET PROPOSED BUILDING SETBACKS As previously noted, the lot is affected by the floodway and floodplain of Little Bear Creek. This area is indicated by the hatched area in the exhibit below. Approximately 46% of the lot is located within the floodway and floodplain, and this area is protected by a drainage and public access easement. Other than a proposed retaining wall, construction is prohibited within the easement. H V m,x yv 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." "K NOKTH KICHLAND HILLS 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 establish a 25-foot front building line and 10-foot side building line on the south property line of the lot. 2. Approve the variance with conditions. This action would approve building lines for the lot as directed by the Board. 3. Deny the variance. This action would require the structure to be built in compliance with existing building line setbacks. ............... ............... ............... ............... 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APPLICANT Tommy Cunningham LOCATION 1 Country Place Drive REQUEST Public hearing and consideration of a request from Tommy Cunningham for a variance from Section 118-313 (lot and area requirements) of the North Richland Hills zoning ordinance at 1 Country Place Drive, being 1.26 acres described as Tract 7A2A, Stephen Richardson Survey, Abstract 1266 DESCRIPTION Variance from the front building setback to establish the location of the front building setback on an irregular lot to allow a new house to be constructed. PUBLIC HEARING DATES Zoning Board of Adjustment 7:00 PM Thursday, May 26, 2022 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 M G00MAGVHS 0 COUNTRY PLACE .............. Z 0 hz 0 ............ ty C()UNTRY Ric)GE 7 o Proposed front and side building lines shown on ? drawing(right). X o Building size, location, and 0� footprint subject to change. % VOL PG,87 P R T C, 4, v 06"'d2"r rG w,",I ............ "51 VV 49� W00 I Ry I�11 At DRI 711A0'7 1 IOFiNNYI WLLILAND A —J L JAHK�E) G,I U�AWD F VOL 14144, PG,216 D.H.1.C.1. LOT 1,BLOCK 4 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 ZBA22-0004 CLARK,BRADLEY 7912 COUNTRY MEADOW DR NORTH RICHLAND HILLS TX 76182 CUNNINGHAM,TOMMY 6809 BAKER BLVD RICHLAND HILLS TX 76118 GILLILAND,J J 2 COUNTRY PLACE DR NORTH RICHLAND HILLS TX 76182 GILLILAND,JOHNNY 2 COUNTRY PLACE DR NORTH RICHLAND HILLS TX 76182 ONCOR ELECTRIC DELIVERY CO LLC PO BOX 139100 DALLAS TX 75313 SINGH,MADHU 500 SADDLE DR EULESS TX 76039 THOMASON,JAMES P 7916 COUNTRY MEADOW DR NORTH RICHLAND HILLS TX 76182 Grounds for the Variance Request for R1 Residential property at 1 Country Place Drive, North Richland Hills TX We are seeking a Variance and clarification of what and where the minimum front building line of 25 feet from the public access to the existing R1 residential lot. Based on Section 118-313 of the Zoning Code regarding the Lot and Area Requirements for the R-1 Zoning District Item 5 in Table 4-1 . The property is accessible from the corner of Country Place Drive with an approximately 50-foot-wide section. The actual buildable area of the 1 .258- acre property is severely limited due to the steep topography, the existing creek running through the property and the limitation of the flood plain zone at the rear of the property. A simple 25-foot setback from the accessible entry onto the property from the street that would run the length of the south side of the property would severely hinder the building of a new residence on the property. A straight 25-foot line would become a side setback at about 50 feet from the property marker on the southwest corner of the property. We are seeking a definition of what is the front setback and where does it become a side set back since it is adjacent to the neighbor's side property. (See attachments) We have proposed a front building setback of approximately 50' feet from the southwest corner at Country Place Drive moving east to the point where it aligns with the neighbors 25-foot front setback. From this point it would then be Side setback of approximately 10 to 12 feet (see site plan attachment) Then from the southwest corner of the property we would set back 25 feet as is stated in R-1 Zoning District Item 5 in Table 4-1 . This would allow the residence we are proposing to be built within the confines of the setbacks, as well as clearing the terraced walls and the flood areas. 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