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HomeMy WebLinkAboutZBA 2004-01-22 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 22, 2004 1. CALL TO ORDER The meeting was called to order by Chairman Duer at 7:01 p.m. ROLL CALL Present Chairman Alternate Dr. Tom Duer Fonda Kunkel Leslie Jauregui Beth Davis Jim Kemp Absent Alternate Perry Christensen Chris Putnam City Staff City Planner Recording Secretary Donna Jackson Holly Blake 2. CONSIDERATION OF MINUTES OF NOVEMBER 13, 2003 APPROVED Beth Davis, seconded by Jim Kemp, motioned to approve the minutes of November 13, 2004. The motion was approved unanimously (5-0). CHAIRMAN DR. TOM DUER EXPLAINED THE VOTING REQUIREMENTS OF THE ZONING BOARD OF ADJUSTMENT. ANY REQUEST THAT GOES BEFORE THIS BOARD MUST RECEIVE A SUPER MAJORITY (75%). THIS BOARD IS A 5 MEMBER VOTING BOARD. FOR ANY VARIANCE TO PASS IT MUST RECEIVE 4 AFFIMATIVE VOTES. Page 1 01/22/04 ZBA Minutes 3. BA 2003-08 PUBLIC HEARING TO CONSIDER A REQUEST BY MIKE GARRISON FOR A VARIANCE TO NORTH RICH LAND HILLS ZONING ORDINANCE NO 1874: ARTICLE 6, SECTION 630. D.4. & D.5. THE APPLICANT HAS CONSTRUCTED A CARPORT WITHOUT A PERMIT. THE LOCATION OF THE CARPORT DOES NOT MEET CURRENT SIDE AND REAR SETBACK REQUIREMENTS OF THE ORDINANCE. SECTION 630 D.4 REQUIRES THE SIDE BUILDING LINE TO BE THE SAME AS THE PRIMARY STRUCTURE WHICH IS 6 FEET. SECTION 630 D.5 REQUIRES THE REAR BUILDING LINE TO BE 10 FEET. THE APPLICANT IS REQUESTING A VARIANCE FROM THE 6 FOOT SIDE BUILDING LINE TO A 3 FOOT SIDE BUILDING LINE AND FROM THE 10 FOOT REAR BUILDING LINE TO A 4 FOOT REAR BUILDING LINE. THE SITE IS LOCATED AT 6041 RIVIERA DRIVE. DENIED Donna Jackson, City Planner, summarized the case. Mr. Garrison, the applicant, is asking for a variance for the side and rear setbacks for his carport. He did not obtain a building permit. He is requesting a variance from Section 630 D.4. and D.5. which requires a 10-ft. setback in the rear; the applicant is asking for a 4-ft. setback; and a 6-ft. side setback; the applicant is asking for a 3-ft. side setback. The location is 6041 Riviera Drive. The applicant, Mike Garrison, 6041 Riviera Dr., stated that he and his next door neighbors, Art & Debbie Tribble, have driveway-to-driveway that meet each other and he is trying to put his carport in the back corner rather than out in the middle of his drive. He stated that as you come inside his drive, if he moves it out 10-ft. and 6-ft. over, he would not be able to turn and get under the carport. He is trying to keep the carport in order to protect his vehicles from golf balls. He lives on a golf course and is spending an average of $1 ,800 a year in broken windshields. Chairman Duer asked if the posts that are there now are a temporary location? Mr. Garrison explained that where the posts are right now is 4-ft. off the back line and 3-ft. off the sideline. Beth Davis asked if there are any utility easements? Mr. Garrison responded that there is an easement along the backside but there are not any utilities there and that there is a 4-ft. brick wall that runs the entire distance of the creek that backs up to the golf course. The electrical easement is on the east side of the house and the telephone and cable tv easement is on the front side by the street. There are no utilities along the back side of the house. Page 2 01/22/04 ZBA Minutes Fonda Kunkel asked Mr. Garrison if he is able to park in the garage. Mr. Garrison responded that his wife parks in the garage. He does not wish to park his truck or his son's truck on the street. He'd prefer to park them behind the house. Mr. Garrison then showed the Board pictures of his residence. Chairman Duer asked Mr. Garrison whether or not his garage opens away or toward the tee box. Mr. Garrison responded that it opens parallel to the tee box. Leslie Jauregui asked if the carport was moved within the required space is it not possible to turn into it? Mr. Garrison stated that he would have to turn very sharply. He stated that he has replaced a brick ledge five times. His 18-year old driver takes out the brick ledge often. Chairman Duer asked who built the brick wall? Mr. Garrison responded that the previous owner of the house built the wall. Beth Davis asked if the creek is concrete lined? Mr. Garrison responded affirmatively. Chairman Duer asked Mr. Garrison if he planned to keep the canvas permanently or was he planning to build similar to the house? Mr. Garrison stated that the canvas matches the house trim. He also painted the poles cream colored which matched the house, but then bricked the columns to match the house. The life span on the canvas is about five years. The Chairman then asked for anyone else wishing to speak for or against to come forward. There were none and the Chairman closed the public hearing and called for discussion or a motion from the Board members. The Chairman asked City Staff when the carport next door was built? Ms. Jackson stated that it was built in 1995. The next door neighbor was granted a variance and the carport was properly permitted. The Chairman stated that since there is an approved carport next door, he will motion to approve BA 2003-08 as requested. Fonda Kunkel seconded the motion. The motion was denied by a 2-3 vote with Chairman Duer and Fonda Kunkel voting for approval and Leslie Jauregui, Jim Kemp, and Beth Davis voting against. The Chairman then explained that the applicant has the ability to go to the State District Court to file for relief. Page 3 01/22/04 ZBA Minutes 4. BA 2003-09 PUBLIC HEARING TO CONSIDER A REQUEST BY GARRY TRAVELSTEAD FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO 1874: ARTICLE 4, SECTION 410 C.6, NOTE 4. THIS SECTION REQUIRES THE SIDE BUILDING LINE ON CORNER LOTS ADJACENT TO A SIDE STREET TO BE AT LEAST TWENTY FEET ON THE STREET SIDE AND NOT LESS THAN SIX FEET ON THE OTHER SIDE. THE APPLICANT IS REQUESTING A VARIANCE FROM THE 20 FOOT SIDE STREET BUILDING LINE ADJACENT TO THE STREET TO A 15 FOOT SIDE BUILDING LINE IN ORDER TO CONSTRUCT A DRIVEWAY ON THE OTHER SIDE OF THE LOT. THE SITE IS LOCATED AT 7032 RIDGE CREST DRIVE. APPROVED The Chairman read the case and then noted that Ms. Jackson's summary of the case is not needed since the Item Summary read into the record adequately summarizes the case. Mr. David Pokluda, 6341 Skylark Circle, spoke on behalf of Garry Travelstead. Mr. Pokluda stated that they are making this request in order to fit a house on the lot so that the house will blend in with the neighborhood, which requires a lot of swing entries. Mr. Pokluda prefers side and rear entries and this variance will help to match the house to the neighborhood. Chairman Duer asked if this situation wasn't foreseen during the platting stage. Mr. Pokluda stated that it should be, but for some reason this was not. Chairman Duer commented that the City staff missed it. Mr. Pokluda stated that he thought that when he bought the lots he would be able to put a house with a side entry on the short street, but City staff wouldn't allow it. Mr. Kemp stated that it appears there will be a safety issue if he puts it the other way. Mr. Pokluda stated that on Holiday Lane there are 15 side entry garages that dump into Holiday Lane. He stated that he lives in Meadow Lakes and 31 garages dump onto Meadow Lakes Drive, which is more of a major street than Holiday Lane. He stated that he can build a wider home by putting the driveway on the far side. Leslie Jauregui asked if they will be able to turn and go into the garage without any problems? Mr. Pokluda stated that the backyard is adequate, 50-60 ft. deep, which will allow a 25- to 30-ft. driveway in the rear to give ample space to get in. Current code requires a 22-ft. driveway on the side. Page 4 01/22/04 ZBA Minutes Leslie Jauregui commented that this Board has had people come before it who have stated that they are having great difficulties getting into their garages. Mr. Pokluda explained that they will design it to make sure there is adequate space. He stated that he won't be able to sell the home if he doesn't. Chairman Duer asked if other cities are more lenient on corner lots and allow homes to be built closer to the street in situations like this where there is no egress from the property. He asked if North Richland Hills is the exception? Mr. Pokluda stated that cities learn from each other and that these things phase themselves in. He stated that in other cities that he has built in where there have been congested streets, he has been able to put a side entry that would feed into those situations. He stated that he has been building in North Richland Hills for several years and not in other communities so some of the rules in other cities may have changed. Chairman Duer stated that he is looking for a little bit of guidance if there is something the Board can suggest to the City Council. He stated that essentially a quarter of the lot is phased out and can't be built on under the current guidelines. Beth Davis asked if 12-ft. is a standard driveway width. Mr. Pokluda responded that 10- to 12-ft. is standard. There were no further questions from the Board. The Chairman then asked for anyone else wishing to speak for or against to come forward. Barry Solomon, 7500 Brockwood Ct., lives across the street from this lot. He asked if the driveway would be on Holiday Lane or the side street. The Chairman stated that it won't be on Holiday Lane or the short entry street, but on the other side of the house. There was no one else wishing to speak and the Chairman closed the public hearing. Leslie Jauregui motioned to approve BA 2003-09 for safety reasons. Mr. Kemp seconded the motion. The motion passed unanimously (5-0). Page 5 01/22/04 ZBA Minutes -^_.__._--<._-~-~---^.._~----- 5. BA 2003-10 PUBLIC HEARING TO CONSIDER A REQUEST BY DANNIE AND ROBIN LOVELESS FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO 1874: ARTICLE 8, SECTION 820.1.a. REQUIRES THAT SINGLE FAMILY DWELLING UNITS PROVIDE 4 PARKING SPACES WITH AT LEAST TWO BEING COVERED AND ENCLOSED BEHIND THE FRONT BUILDING LINE. THE APPLICANT IS REQUESTING A VARIANCE FROM PROVIDING THE TWO COVERED AND ENCLOSED SPACES BEHIND THE FRONT BUILDING LINE TO ENCLOSE THE EXISTING GARAGE AS ADDITIONAL LIVING TO THE HOME. THE SITE IS LOCATED AT 3616 CHARLES STREET. DENIED The Chairman read the case and then noted that Ms. Jackson's summary of the case is not needed since the Item Summary read into the record adequately summarizes the case. The applicant, Dannie Loveless, 3616 Charles Street, stated that the ordinance requires four spaces, two covered, but the house itself is a single car garage. Chairman Duer asked for confirmation of that from the Staff. He then explained to the applicant that when this ordinance was written most construction in the City was for two car garages. He stated that the ordinance should say three or four somehow in some way. He stated that in this situation it would apply as one car covered and then two cars not covered for a total of three. Mr. Loveless stated that they are trying to get more living space by converting the garage into a room, with the back 8-ft. being used as a utility room with a washer, dryer and cabinet space. He stated that the kitchen currently is 8x22 and has cabinets down the right and left sides with a refrigerator and stove, which allows 6-ft. between the cabinets and the refrigerator. There is no room for a kitchen table. By converting the garage, he can enlarge the kitchen, allowing for a table. He stated that if he built a carport, 4-ft. of the carport would be over the building line. Chairman Duer asked how much room is available between the north side of the garage and the property line. Mr. Loveless stated 8-ft. Beth Davis asked how long Mr. Loveless has owned the house. Mr. Loveless stated that his wife has lived in the home for 15 years. They've lived there together for about 3 years. Ms. Davis asked the square footage of the house. Mr. Loveless stated that he believes it is 1400 sq. ft. Ms. Davis asked if she understood correctly that the kitchen is 22-ft. long. Mr. Loveless confirmed 22-ft. Ms. Davis asked what is at the other end if there isn't a table. Mr. Loveless Page 6 01/22/04 ZBA Minutes stated that there is an exit to the backdoor and a little area that is about 6x6 and then to the left there is a pantry, which he wants to eliminate which will give him an additional approximately 3x6-ft. to fit a table. He stated that if he puts cabinets down both sides in the utility room he will be able to move all of the pantry goods out to the utility room which will give him more space in the kitchen. Mr. Kemp asked when the house was built. Mr. Loveless stated that it was built sometime in the 1950s, approximately 1956. Mr. Loveless stated that he is going through this process because he does not want to leave the garage door there. He does not want it to look like a garage from the outside. He wants the room enclosure to look like the rest of the house - all brick, with a window, as a part of the house. Leslie Jauregui stated that there is a covered patio. Could that be enclosed to provide an eating area? Mr. Loveless stated that it could be made into a room. Chairman Duer commented that this house was built 20 to 25 years prior to the time that this ordinance was designed. He stated that a lot of the homes behind the Richland Bowling Alley have had to do this because they are small homes, built under a government program, with small square footage and only one covered parking. He asked Mr. Loveless in the 15-years that his wife has lived there, how many days of those 15-years has a car been covered? His wife responded none. There were no other questions and the Chairman asked for anyone else wishing to speak for or against to come forward. There were none and the Chairman closed the public hearing and called for discussion or a motion from the Board. Mr. Kemp stated that this appears to be a hardship because the ordinance does not fit the house. Ms. Jauregui stated that he could be asked to enlarge the garage to fit the ordinance. Mr. Kemp responded that he doesn't meet the requirement now since he doesn't have two covered parking spaces. He stated that based on the age of this house and the way it was built and the site, the applicant doesn't have much alternative to build one. Ms. Jauregui stated that rather than converting the garage he could build something in the back of the house. Chairman Duer responded that the applicant still would not meet today's ordinance; that this house has been illegal from the day the 4-parking requirement ordinance was passed. Ms. Jauregui stated that it would be grandfathered in, which would not make it illegal. Mr. Kemp stated that to do a variance on something that doesn't meet the code to start with is difficult. Mr. Kemp motioned to approve BA 2003-10 on the basis of the limitations of the ordinance and the grandfather of this house. Ms. Kunkel seconded the motion. Ms. Davis commented that her heart tells her she would really like to do this, but she remembered that in a recent case it was determined that there was no hardship attached to the land and for that reason, and Page 7 01/22/04 ZBA Minutes only that reason, she would have to deny this request. Chairman Duer stated that his problem with this situation is that the homeowner has an incentive to improve his storage space and by allowing this variance, the homeowner will improve the storage space to a living area as opposed to a room with a whole bunch of boxes which is a fire hazard. The vote was 3-2 with Chairman Duer, Jim Kemp, and Fonda Kunkel voting for and Leslie Jauregui and Beth Davis voting against. A supermajority was not reached and the variance was not approved. The Chairman explained to the applicant that they have the right to go before the State District Court to get a remedy. 6. BA 2003-11 PUBLIC HEARING TO CONSIDER A REQUEST BY MARVIN SMITH FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO 1874: ARTICLE 4, SECTION 410 C.8. SECTION 410 C.8 REQUIRES THE MAXIMUM STRUCTURE HEIGHT TO BE THIRTY-EIGHT FEET. THE APPLICANT IS REQUESTING A VARIANCE FROM THE MAXIMUM HEIGHT STRUCTURE FROM THIRTY-EIGHT TO FORTY-NINE FEET TO CONSTRUCT A NEW HOME WITH THE HIGHEST PORTION OF THE STRUCTURE AT THIS HEIGHT. THE SITE IS LOCATED AT 7600 DOUGLAS LANE. APPROVED The Chairman read the case and complimented City staff on the thorough summary. A further summary by Ms. Jackson was not needed and the applicant came forward. C.A. Sanford, 6617 Carson Court, is representing the applicant. He stated that he and Mr. Smith purchased a little over 3-acres and torn down the existing house in order to build a structure in which Mr. and Mrs. Smith will reside. Mr. Sanford stated that the closest home is about a block away and that the property is totally surrounded by a park, which will stay in a pristine condition as it is now. A privacy fence, mostly of brick, will be build around the property. There will be a number of large trees. He stated that the additional height is needed in order to compliment the large width of the house. Mr. Kemp asked for the square footage of the house. Mr. Sanford stated it will be 6,000 sq. ft. Ms. Jauregui asked for the height of the privacy fence. Mr. Marvin Smith came forward to respond. He stated that across the back there will be a 6-1/2-ft. stone wall. The rest of the fence will be similar to rusted iron, similar to the fencing around Botanic Gardens. There will be a gravel driveway to the house which will Page 8 01/22/04 ZBA Minutes give it a rustic look. There will be a lot of additional trees planted. Behind the house, to the north there are heavy woods. To the west, the parkland has a number of trees and a pond. There are quite a few trees to the south. The nearest house is about 750 to 800-ft. away and beyond that the nearest house would be about 1000-ft. away. Ms. Jauregui asked how far back from the street is the house. Mr. Smith responded about 800-ft. He explained that there are overhead power lines which he will be burying, which will be an asset to the park as well as to his new home. The design of this home fits the height requirement he is asking for in that it is a country European-style home. It is hard to get that look without the additional height. Chairman Duer asked if it is similar to the house Mr. Smith has right now. Mr. Smith stated that it's similar but that this is a nicer house. He stated that you will not be able to see the garage from the street. Chairman Duer asked how far the park walkway would be off the property line. Mr. Smith stated that it would be about 50-ft. and that it is heavily wooded. Ms. Davis complimented Mr. Smith on obtaining this property before the City could acquire it for parkland. Mr. Smith stated that he bought the property directly from the Norris's and that he owned a couple of acres in front of it before purchasing this piece. Ms. Kunkel stated that in some places on the report the height of the house is listed as 45-ft. and in other places 49-ft. Mr. Smith explained that the actual height, the tallest peak of the house, will be a little over 47-ft. He stated that he wasn't positive exactly what the height of the house would be at the time of the request of this variance. The Chairman then asked for anyone else wishing to speak for or against to come forward. There were none and the Chairman closed the public hearing and called for discussion or a motion from the Board. Ms. Davis asked staff if it is appropriate for the Board to ask the City Council to look at the overall residential building height section of the Zoning Ordinance? Ms. Jackson responded that Staff can request that City Council send that request to the Planning and Zoning Commission. Ms. Davis asked if a motion is needed. Ms. Jackson stated a motion would be appropriate. Ms. Davis asked if the item could be placed on the next meeting agenda. Ms. Jackson stated that it could be placed on the next meeting agenda. Ms. Jauregui motioned to approve BA 2003-11 because of the uniqueness of the property. Ms. Kunkel seconded the motion. The motion was approved unanimously (5-0). Page 9 01/22/04 ZBA Minutes 7. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:43 p.m. 7~ Ó~'- --' Chairman Duer Page 10 01/22/04 ZBA Minutes