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HomeMy WebLinkAboutZBA 2022-06-23 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 THURSDAY, JUNE 23, 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. B. MINUTES Approve Minutes of the March 24, 2022, Zoning oard of Adjustment Meeting. Thursday, June 23, 2022 Zoning Board of Adjustment Agenda Page 1 of 2 C. GENERAL ITEMS C.1 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. 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, June 17, 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, June 23, 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: June 23, 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: June 23, 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: June 23, 2022 SUBJECT: Approve minutes of the March 24, 2022, 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 March 24, 2022, 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 MARCH 24, 2022 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 March 2022 at 6.30 p.m. in the City Council Chamber prior to the 7.00 p.m. regular Zoning Board of Adjustment meeting. Present: Tom Duer Place 5, Chair Steve Koons Place 4, Vice Chair Jim Kemp Place 1 Crystal Ndidi Ibe Place 3, Alternate Bill Gibbs Place 6 Doris Elston Place 7 Absent: Thomas Clemmons Place 2, Alternate Staff Members: Clayton Comstock Planning Director Clayton Husband Principal Planner Chair Duer called the work session to order at 6.31 p.m. 1 PLANNING DIRECTOR REPORT Planning Director Clayton Comstock provided an update on City Council actions, development activity, announcements, and a development review of 2021. 2 DISCUSS ITEMS FROM THE REGULAR ZONING BOARD OF ADJUSTMENT MEETING. Principal Planner Clayton Husband summarized the item on the agenda. Chair Duer adjourned the work session at 6.57 p.m. REGULAR MEETING: 7:00 PM March 24, 2022 Zoning Board of Adjustment Meeting Minutes Page 1 of 4 A. CALL TO ORDER Chair Duer called the meeting to order at 7.00 p.m. Present: Tom Duer Place 5, Chair Steve Koons Place 4, Vice Chair Jim Kemp Place 1 Crystal Ndidi Ibe Place 3, Alternate Bill Gibbs Place 6 Doris Elston Place 7 Absent: Thomas Clemmons Place 2, Alternate Staff Members: Clayton Comstock Planning Director Clayton Husband Principal Planner 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 B.1 APPROVE MINUTES OF THE JANUARY 27, 2022, ZONING BOARD OF ADJUSTMENT MEETING. A MOTION WAS MADE BY BOARD MEMBER KEMP, SECONDED BY VICE CHAIR KOONS TO APPROVE THE MINUTES OF THE JANUARY 27, 2022, ZONING BOARD OF ADJUSTMENT MEETING. MOTION TO APPROVE CARRIED 5-0. March 24, 2022 Zoning Board of Adjustment Meeting Minutes Page 2 of 4 C. GENERAL ITEMS CA ZBA22-0003 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MEHNDY ALI FOR A VARIANCE FROM SECTION 118-314 (OFF-STREET PARKING STANDARDS) OF THE NORTH RICHLAND HILLS ZONING ORDINANCE AT 6801 RIDGETOP ROAD, BEING 0.20 ACRES DESCRIBED AS LOT 17, BLOCK 5, FOSTER VILLAGE ADDITION. DENIED Chair Duer read the rules and regulations of the Zoning Board of Adjustment. He stated alternate Board member Crystal Ndidi Ibe may participate in the discussion of the items but would not be voting on the items as there are five regular members present. Chair Duer opened the public hearing, and called for Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chair Duer called for the applicant to present the request and be sworn in prior to speaking. Stacey Taylor, Clearfork Group Realty, Box 1717, Springtown, Texas, was sworn in by Chair Duer and presented the request. He stated he represents the owner of the property, Mehndy Ali, 911 Red Deer Drive, Euless, Texas. He stated when Mr. Ali purchased the house the garage was already enclosed and used for a utility room and an office area. He stated the enclosure does not have heat or air conditioning. Board Member Kemp asked the applicant if they considered constructing a carport behind the house? Mr. Taylor responded he did not think there was enough room in the yard for a carport. Vice Chair Koons and the applicant discussed the timeline for when the applicant purchased the house and leased the property. Chair Duer called for Principal Planner Clayton Husband to present the staff report. Mr. Husband presented the staff report. Chair Duer called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Duer closed the public hearing. March 24, 2022 Zoning Board of Adjustment Meeting Minutes Page 3 of 4 Chair Duer and Mr. Husband discussed the allowed locations where a carport could be constructed on the property. A MOTION WAS MADE BY VICE CHAIR KOONS, SECONDED BY BOARD MEMBER GIBBS, TO DENY BA22-0003. THE MOTION TO DENY FAILED 3-2, WITH CHAIR DOER AND BOARD MEMBER ELSTON OPPOSING. Chair Duer stated the Board has not reached a decision since the motion failed. Chair Duer, Mr. Husband, and the applicant discussed reconverting the space back to a garage versus constructing a carport or detached garage on the property, and whether the original garage was a single-car or two-car garage. A MOTION WAS MADE BY BOARD MEMBER ELSTON TO APPROVED BA22-0003. THE MOTION FAILED DUE TO LACK OF A SECOND. A MOTION WAS MADE BY VICE CHAIR KOONS, SECONDED BY BOARD MEMBER GIBBS,TO DENY BA22-0003. THE MOTION CARRIED 4-1, WITH BOARD MEMBER ELSTON OPPOSING. D. ADJOURNMENT Chair Duer adjourned the meeting at 7.40 p.m. Dr. Tom Duer, Chair Attest: Clayton Husband, Secretary March 24, 2022 Zoning Board of Adjustment Meeting Minutes Page 4 of 4 "K NOKTH KICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: June 23, 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. / ....... ....... .... ....... CO m ........ (100A A A4dHS...... ....................... i J a Z i COUNTRY ............ .............. PLq C E ?' .........................................zG ............, - ;Z _ �......... 2' 0 ....................... ....... Prepared by Planning 1/20/2022 N DISCLAIMER:This product is for informational purposes and may not q Feet have been prepared for or be suitable for legal,engineering,or surveying ,L\V 0 100 200 400 600 800 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. � pub u ip u i W�u d III " o ,a l Prepared by Planning 1/20/2022 N DISCLAIMER:This product is for informational purposes and may not q Feet have been prepared for or be suitable for legal,engineering,or surveying ,L\V 0 100 200 400 600 800 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. k4FItH PUBLIC HEARING NOTICE NORTH RICHLAND HILLS CASE: ZBA22-0004 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- 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 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. NORTHFIELD PARK VOL.388-200,PG.87 P.R.T.C.T. I , Flo mP E CA710E OF e Se L ooE v I Ne / orEa N � o LOT 1 BLOCK 1 r N ELD PARK k VOL. 388 388-200, PG. 87 P.R.T.C.T. I . /D4. OWNE �NOUES FION IXt � tw) -- mmi TrgVlrled2 FirlrjP6,1ilr1mg Lure; l i 3'3Cb` I)C' FKNa 83 A S 89 34�10" W 206.00� 5 89°43'36"W 206.00' � FA g x G aINTRY PLACE QRIVE a TRACT 1 COUNTRY PLACE DRIVE JOHNNY J. GILLILAND & (60'R.O.w) J�� — -�e 4p CD r JANICE J. GILLILAND — m 'f 0-ti VOL. 14144, PG. 216 �. c�ro'� D.R.T.C.T. -F moo 4 d J FYR1tU�#'�My I o, O One Country Place Drive - Variance Request i s 6u, I One Country Place Drive - Variance Request a 3++ r r m c One Country Place Drive - Variance Request Qa k ;a / tJ„��,;r� Y:ja `a:�"�J���'i✓ d '�� )1imrr! Yr� ,l�C i r 4r �r»4 '✓ b I�i/ / �i ��lr/�k� i e5 0 r o , n ,n T F nsPmf 77-C�rnrryk f�uilmfin���irrP ,, r I Inpm dP,F ailtdlat Inc 331 a © 1/2"IRF(C.M.) S 89 34'10" W 206.00' r. — — — — —r-- — — — — — M /1r One Country Place Drive - Variance Request w W 9 — I I I llf o l _ a BLOCK 1 AFIELD PARK 588-200, PG. 87 P.R.T.C.T. o I ° Im ,O _ e m II o �ry wo � t ,r I Ell __ o El IRF(C.M.) S 89134T0 3W VT0 � o �� 74RA 1� a JOHNNY J. GILLILAND &,�_. )'a w M rr✓�,(s� Sri r;+. v r , I, t u V Y I i 4 r y _ 21 cSITE REIAEA URPOSES�ONLY��,� P. a .a s.m.am, r .m.ame_. eec�rvc c nor.,wm«.mU. �,..,.a<a„1.11 c .,i —__ .,„1.. m.me, '27T m,,__—_ aa,o,——___—___.N' � ->r� .o,m e�,�o�a.r zos.00�.,na Pour,or ar�irvrviry g oc --------------------- �%` r� ........ r,�re�lrnnrvnaa�, aT,,,r P, -------------------------- 2,0.21 �,1e �ob o,.�m<.,= ,ae,rvr1a LOT 1,BLOCK 1� 1.258 ACRES TUMMY CUNNING— r'inuna,tea m<,00 xar n..< rurtnw.i.roi><rmiwng=gmees'm=v r<.wr.=nu=i Iocozrarenr<nv..cco. ��ai irml,i oa o. e,.mi�o log 0 0o r.sa�am9.n�....lo� OOC.NO.0221_____O.R.i.C.i. L"m�� � azns,n.arnrvxrvc nrvo zcxrvc rz=re=M, 5 89'43'38'W 206.00' COUNTRY PLACE OF VE _— — —T l so yre,rtvare. 4 FINAL PLAT OF E L anrvrw- v�o.<a v�n nre c,r cr STONE CREEK,nx XEILLc xrL y� n