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Home My WebLink AboutZBA 2022-03-24 MinutesMINUTES 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 Steve Koons Jim Kemp Crystal Ndidi Ibe Bill Gibbs Doris Elston Absent: Thomas Clemmons Staff Members: Clayton Comstock Clayton Husband Place 5, Chair Place 4, Vice Chair Place 1 Place 3, Alternate Place 6 Place 7 Place 2, Alternate Planning Director 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 1 NORTH RICHLAND 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 house. IMRH NORTH RICHLAND 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 Section 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. ( Budding setback j [ from property lenel E 1I Building; - Building setback from FE51DENCE : J line setback from line property ti property I Banding seipack [ from property line SiGYF A N 15 i TYPICAL BUILDING SETBACKS J. 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). k4FItH NORTH RICHLAND HILLS E 576.91 Fam ®is """e�add z ��1A2.�i2 � � f" v E Z Al 33.98 Cal . Gq. . Oi ,•.,. 71,4Se 1 W.) ni 290:00 Sp• .n 10012 i MDi.P 1C 120.00 hV 459�519 di i �� j`i o yp5 u tp,gp[<O 1V1 i SF, m N89'32'59"E N89:32'59-E... m 11384 fit 120.00 m 8 s jy�i crc 1tj 9bSr ] W: v` ^1 5FWo SF 3 �r x ¢as.00'. ses'+aw3W�?. • —F'b� t •S a -fib spa 0.Rd,C.E 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. XA fi I: 138 RGPE5 ,.' i t Y¢ FINDINGS FOR VARIANCE APPROVAL Section 118-86(4) 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." t4FtH NORTH RICHLAND 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. 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 DUER 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: Cla usband, Secretary March 24, 2022 Zoning Board of Adjustment Meeting Minutes Page 4 of 4