Loading...
HomeMy WebLinkAboutZBA 2004-02-26 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 26, 2004 1. CALL TO ORDER The meeting was called to order by Chairman Duer at 7:08 p.m. ROLL CALL Present Chairman Dr. Tom Duer Leslie Jauregui Beth Davis Chris Putnam Absent Alternate Alternate Fonda Kunkel Perry Christensen Jim Kemp City Staff City Planner Office Coordinator Donna Jackson Carolyn Huggins 2. CONSIDERATION OF CORRECTION OF MINUTES OF NOVEMBER 13, 2003 APPROVED Ms. Davis, seconded by Mr. Putnam, motioned to approve the minutes of November 13, 2003. The motion was approved unanimously (4-0). 3. CONSIDERATION OF MINUTES OF JANUARY 22,2004 APPROVED Mr. Putnam, seconded by Ms. Jauregui, motioned to approve the minutes of January 22, 2004. The motion was approved unanimously (4-0). 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 Page 1 02/26/04 ZBA Minutes BOARD IS A 5 MEMBER VOTING BOARD. FOR ANY VARIANCE TO PASS IT MUST RECEIVE 4 AFFIMA TIVE VOTES. 4. BA 2004-01 PUBLIC HEARING TO CONSIDER A REQUEST BY MARY LEBLANC FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO 1874: ARTICLE 6, SECTION 630. C.12.b. & D.13.b. THE APPLICANT WOULD LIKE TO CONSTRUCT A 500 SQUARE FOOT PERMANENT ACCESSORY BUILDING AND A 360 SQUARE FOOT CARPORT. SECTION 630 C.12.b. DESIGN CRITERIA OF A PERMANENT ACCESSORY BUILDING OF 200 OR MORE SQUARE FEET IN A "R-2" RESIDENTIAL DISTRICT REQUIRES A MINIMUM REQUIRED MASONRY OF 85%. SECTION 630 D.13.b. DESIGN CRITERIA OF A CARPORT REQUIRES THAT THE SUPPORT COLUMNS CONFORM TO THE MASONRY REQUIREMENTS OF THE DISTRICT. THE APPLICANT IS REQUESTING A VARIANCE FROM THE MASONRY REQUIREMENTS ON BOTH THE PERMANENT ACCESSORY BUILDING AND THE CARPORT. THE SITE IS LOCATED AT 6609 CRANE ROAD. APPROVED - VARIANCE FOR ACCESSORY BUILDING MASONRY REQUIREMENT DENIED - VARIANCE FOR CARPORT MASONRY REQUIREMENT The applicant, Mary T. Leblanc, 6609 Crane Road, stated that she has a very small home, 850 sq. ft., in which she resides with her two boys, and that she needs storage space and a carport, because she has big oak trees and they damage her cars, worse than hail. She stated that she was told that she could build this if it was brick. She stated that her house was built in the 1940s and she is surrounded by 5-acres of agricultural land and that the land across the street is condemned. She showed the board a picture of her house [in file]. She stated that the house next to hers is a log cabin and another house is a frame house and that there is nothing surrounding her, that she is "like in the country". She stated that the land across the street is not going to be built on. She is concerned that if she builds a brick building it won't make sense that she is living in a frame house with a brick accessory building and carport. She believes people will think that she should live in the brick shed and that it will look ridiculous and won't keep the ambience of her little country home. She stated that she needs storage because she has a large family living in a two bedroom home. Chairman Duer asked if she knew why the lot was rezoned. Ms. Leblanc said the previous owners were trying to add-on to the property in the 1990s and they rezoned at that time, which seemed silly to her since everyone around there is agricultural. She stated that she has cows going through her yard all the time. Page 2 02/26/04 ZBA Minutes She stated that she wanted to rezone to agricultural so she could build whatever she wanted, but that the City wouldn't let her do that. She thought that there should be a grandfather clause about this since her house is so old. Chairman Duer asked if she planned to run utilities to the accessory building. The applicant stated "no" but said that she will need electricity for the carport. Chairman Duer asked if she would have plumbing. Ms. Leblanc answered "no". Ms. Jauregui asked how long the applicant had been in this house. Ms. Leblanc responded two years, which is when she got a divorce and moved to a small house that she could afford. Mr. Putnam asked what she would construct the accessory building out of. Ms. Leblanc said that she wanted to make it like the house, to match the house, a frame house with siding. Ms. Jauregui asked "not metal"? Ms. Leblanc responded "no." She said that she wants it to be cute and to match the house. Ms. Jauregui asked if there would be a door. Ms. Leblanc responded "yes" but that she was told she couldn't have a garage door. She said that she spoke to David Pendley [Building Official] and David Green [Zoning Administrator] and that the result was a 500-sq. ft. building and that the carport was their idea. Chairman Duer asked if the carport was going to be connected to the accessory building. Ms. Leblanc responded "yes" that it would be in front of the accessory building and that there would be a door where she could walk into the building through the carport. She stated that Mr. Pendley and Mr. Green told her that it would have to be in brick but she feels that if she puts it in brick it will look ridiculous. Chairman Duer asked if the roof over the carport would be composition roof. Ms. Leblanc stated "yes" and that it would match the house - a common roof or one little and one big so that it's cute. Chairman Duer asked if the total square footage would be 1300 sq. ft. for the house and building. Ms. Leblanc said that 360 would be where she puts her cars and that the building would be about 480. The Chairman stated that he wasn't including the 360 in his calculation because garages aren't added to the total. He also asked for verification that the carport would not be enclosed. Ms. Leblanc responded that it would not. The Chairman inquired about the material for the carport posts. Ms. Leblanc said that she didn't want to have brick. She stated that she would be doing this in steps. The Chairman explained that the City was trying to get away from metal poles. Ms. Leblanc said that she wouldn't be doing this in metal at all. The Chairman asked if it would be out of place to brick the poles of the carport to be the same color as the house. Ms. Leblanc stated that there isn't any brick on the Page 3 02/26/04 ZBA Minutes house so she wouldn't be able to brick the poles to match the house. She stated that she wouldn't do metal, she might consider wood. She said she will hire contractors as needed to complete each part of the work. Ms. Jauregui asked if she could brick the carport poles and paint them to match the house. Ms. Leblanc said that she could do that if needed. Chairman Duer explained that the point of the cosmetic part of the ordinances is to make a structure built in the City aesthetically pleasing. Ms. Leblanc said that she is planning to hire a framer and she would think it would be wood. Ms. Jauregui and Chairman Duer stated that wood would not hold up well. Ms. Leblanc said she hasn't gotten that far and doesn't know exactly how it will look in the end. She said that she is trying to get to the next step by being before this Board. Chairman Duer asked if anyone else wished to speak for or against this request. There were none. Ms. Davis asked if part of the variance request was for a size variance (200 vs. 500 sq. ft.). Ms. Jackson, City Planner, explained that the applicant is allowed to have a 500-sq. ft. accessory building and a 360 sq. ft. carport. The applicant's variance request is only for the masonry requirements on both. Chairman Duer asked for clarification of the lot size. The applicant had mentioned 5-acres. Ms. Jackson explained that there are 5-acres surrounding the applicant's property, but the applicant's lot is a half acre. Mr. Putnam asked if the variance on the accessory building could be approved with the stipulation that it must be consistent with the construction of the primary dwelling, Le., wood. Ms. Jackson responded "yes". Ms. Davis asked if for some reason the house was changed and a masonry house was built would the accessory building also have to be changed to masonry. Ms. Jackson did not believe that a stipulation on future buildings could be made. Ms. Jauregui stated that she would be in favor of granting the variance on the primary structure with the stipulation that it be of the same structural material as the primary dwelling. She would not be in favor of granting the variance on the carport. She believes this would be the best use of this property and aesthetically pleasing. Chairman Duer asked what other materials than metal could be used for the columns. He asked if there is a metal pole in the middle of the brick columns. Ms. Jackson responded "yes" that there must be some stationary piece which is built around. She stated that the applicant could also build a square post out of the framing, hardy plank, to match the home. Ms. Jauregui asked if that could be stipulated. Ms. Jackson stated it could be stipulated, both shape and material. Page 4 02/26/04 ZBA Minutes Ms. Davis asked if the home really is wood frame. Ms. Jackson stated that it is a wood home. Ms. Jauregui, seconded by Ms. Davis, motioned to approve the request for a variance on the accessory building portion of BA 2004-01 as long as it is built of similar material to the primary dwelling of the property. The motion passed unanimously (4-0). Ms. Jauregui, seconded by Mr. Putnam, motioned to deny the variance request of the masonry on the carport portion of BA 2004-01. The motion to deny did not pass by a 3-1 vote with Chairman Duer voting against the denial. Ms. Davis, seconded by Chairman Duer, motioned to approve the variance request of the masonry on the carport portion of BA 2004-01. The motion to approve did not pass by a 1-3 vote with Ms. Davis, Ms. Jauregui and Mr. Putnam voting against the approval. 5. BA 2004-02 PUBLIC HEARING TO CONSIDER A REQUEST BY JOSEPH J. WILLIAMS FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO 1874: ARTICLE 4, SECTION 410 C.4. THE APPLICANT WOULD LIKE TO CONSTRUCT A 1500 SQUARE FOOT DWELLING UNIT AT THE ABOVE LISTED ADDRESS. SECTION 410 C.4 MINIMUM DWELLING UNIT SIZE IN A "R-2" RESIDENTIAL DISTRICT PLATTED PRIOR TO 01/01/98 REQUIRES A MINIMUM DWELLING UNIT SIZE OF 1800 SQUARE FEET. DUE TO THE LOCATION OF TWO LARGE EXISTING TREES, THE APPLICANT IS REQUESTING A VARIANCE FROM THE 1800 SQUARE FOOT DWELLING UNIT SIZE. THE SITE IS LOCATED AT 7504 COLLEGE CIRCLE SOUTH. APPROVED Mr. Joseph Williams, 7504 College Circle South, stated that most of the homes in this subdivision were built in the 1970s. He stated that he believes this lot is the last lot available in this subdivision. He explained that originally the neighbors bought this lot to save the lot and the trees on the lot. He explained that he and his wife recently purchased the lot to build on it. He stated that there are two large elm trees, one on the left side closer up to the street and one on the right side about 15-ft. further back. Mr. Williams and his builder came to the determination that with the code at 1800 sq. ft. there is a possibility that because of the slab placement that one or both of the trees would need to be removed. They are requesting a variance to build a 1500-sq. ft. house in order to make the slab a little bit smaller and try to keep both trees. He stated that most of the Page 5 02/26/04 ZBA Minutes homes in this subdivision run from 1150-sq. ft. to 1600 to 1700-sq. ft. He feels that a 1500-sq. ft. home would be in accordance with the existing neighborhood. He stated that there are a couple of larger homes because they were added onto over the years. The neighbors on both sides would like the trees saved as well. Chairman Duer asked if he is aware of the appraised value of homes in the area. Mr. Williams introduced his realtor, Jared Marcus, 6201 Colleyville Blvd., Suite 100, Colleyville, who stated that the properties in the neighborhood ranged from a low of about $50,000 to $60,000 up to about just breaking $100,000. He stated that 1700-sq. ft. in that neighborhood regularly brings a little over 100 at the top end. Chairman Duer asked how much an 1800-sq. ft. new construction home in that neighborhood would run. Mr. Marcus stated that there isn't any new construction in that neighborhood, but in other neighborhoods around North Richland Hills, 1800-sq. ft. homes (which do not exist next to 1100-sq. ft. homes) are running about $140,000 to $150,000. Mr. Marcus also stated that the trees are in excess of 3-ft. in diameter and 9-ft. circumference. He stated that they are very large trees, surface-rooting type trees, and there is a very good likelihood that cutting into those roots could damage those trees to the extent that the trees would be lost. Chairman Duer asked for the age of the trees. Mr. Marcus responded that a guess, based on their diameter, upwards of 50 years old. Chairman Duer asked for the applicant's home address. Mr. Williams stated that his home address is in Keller, Texas, at 10706 Ashmont Lane. Ms. Jauregui asked if he has worked with an agricultural department or tree service to find out about protecting these trees during construction. Mr. Williams stated that he has had a landscape company for over 18 years and in the construction of the phases of the house, he explained that he will need to put up a temporary barrier around the tree so that the construction crews will not scar or mar the trees. He stated that more important than that is keeping the roots of the trees from damaging the house, while also protecting the roots of the trees from the construction. He stated that he believed his homeowners insurance would require some type of barrier between the root structure of the trees and the foundation and so he drew up plans for a little bit tighter house in order to allow for the barrier. He also explained that he struck out the consideration of putting up a 2-story because that would require extensive trimming of some of the overhanging limbs. He stated that it is a great looking lot with lots of shade for a home. He believes it would be a real plus if they receive the variance. Ms. Davis asked if he plans to live there. Mr. Williams said that he and his wife plan to live there. Chairman Duer asked if anyone else wished to speak for or against this case. There were none. Page 6 02/26/04 ZBA Minutes Mr. Putnam, seconded by Ms. Jauregui, motioned to approve BA 2004-02 based on the fact that the home size is consistent with that of other homes in the neighborhood and the fact that it is new construction will only help improve the overall neighborhood property values. Chairman Duer asked when R2 was increased from 1600-sq. ft. to 1800-sq. ft. Ms. Jackson answered 1999. She also stated that everything else in the College Hills area was platted in 1960. There has been no construction since then. Ms. Jauregui asked if all current regulations, such as masonry, roof, setbacks, etc. must be complied with. Ms. Jackson responded that the applicant must comply with everything. She stated that the variance will only apply to the size of the house. Chairman Duer asked what the setback is for that neighborhood. Ms. Jackson responded 25-ft. Ms. Jauregui asked if the applicant would have a 25-ft setback. Mr. Williams responded that he planned for about 30 to 35-ft. He said that the neighbors on the left and right are about 35-ft. and he is planning to stay even with the neighbors. Ms. Davis asked if it would be possible to flip the plan and put a larger home on the lot. Mr. Williams responded that some of the ordinances require that the backyard be 20% of the lot and to adhere to that ordinance, he would not be able to flip the plan. Ms. Davis asked for confirmation of Mr. Williams's statement from staff. Ms. Jackson confirmed that the ordinance does require 20%, but that there is an effort made to allow the builder to line up the home with the existing homes on either side. Chairman Duer asked if City staff recommends approval. Ms. Jackson responded that staff feels a specific hardship does exist with this property. Ms. Jauregui asked if the house would be equally in the middle of the two trees. Mr. Williams responded that the house will be equally in the middle and that the trees sit 42-ft. apart, with one up and one back. Mr. Marcus stated that there are also three additional trees to the rear of the tree on the left side of the property. He stated that all three of those trees appear to be somewhere in the neighborhood of 4 to 6-caliper or larger. He stated that they will try to save those trees also. Ms. Jauregui stated that it is admirable that the applicant has such an interest in the trees. The Chairman called for a vote on the motion. The motion passed unanimously (4-0). 7. ADJOURNMENT Page 7 02/26/04 ZBA Minutes Having no additional business to conduct, the meeting adjourned at 7:46 p.m. 7~ Ó~. --' Chairman Duer Page 8 02/26/04 ZBA Minutes