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HomeMy WebLinkAboutZBA 2004-07-22 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JULY 22, 2004 1. OATH OF OFFICE The Oath of Office was read allowed for Place 2, Alternate Roy Sculley and Place 6, Beth Davis. 2. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:07 p.m. ROLL CALL Present Chairman Dr. Tom Duer Leslie Jauregui Beth Davis Jim Kemp Roy Sculley Alternate Alternate Absent Fonda Kunkel Chris Putnam City Staff City Planner Building Official Recording Secretary Donna Jackson Dave Pendley Holly Blake 3. CONSIDERATION OF MINUTES OF APRIL 22, 2004. APPROVED Beth Davis, seconded by Jim Kemp, motioned to approve the minutes of April 22, 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 Page 1 07/22/04 ZBA Minutes BOARD IS A 5 MEMBER VOTING BOARD. FOR ANY VARIANCE TO PASS IT MUST RECEIVE 4 AFFIMA TIVE VOTES. 3. BA 2004-04 A PUBLIC HEARING TO CONSIDER A REQUEST FROM STEVEN PAPAGNO FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO 1874: ARTICLE 6, SECTION 630. B. 6. TEMPORARY ACCESSORY BUILDINGS AND STRUCTURES MAXIMUM HEIGHT. THE APPLICANT HAS CONSTRUCTED A TEMPORARY ACCESSORY BUILDING IN BACK OF THE EXISTING HOME. ACCORDING TO THE ZONING ORDINANCE, THE MAXIMUM HEIGHT CAN BE 12'. THE APPLICANT IS REQUESTING A VARIANCE FROM THE MAXIMUM HEIGHT REQUIREMENT OF A TEMPORARY BUILDING OR STRUCTURE OF 12' TO 13' 4". THE SITE IS LOCATED AT 6500 BRIGHTON CT. APPROVED Chairman Dr. Tom Duer opened the public hearing. Steven Papagno, 6500 Brighton Ct., came forward. The applicant stated that he moved into the existing house a year ago and wanted to construct a playhouse for his five children ranging in age from 5 to 17. Mr. Papagno contacted the City for information about the appropriate permit. Mr. Papagno was told that a permit was not necessary. Mr. Papagno also stated that he was on the Board of Directors of his neighborhood's Homeowner's Association. He went through the appropriate channels with the HOA in order to get this structure built. Mr. Papagno passed out pictures of the structure to the Board. After the playhouse was constructed this spring, Code Enforcement approached Mr. Papagno regarding the playhouse. Code Enforcement had receiveq a complaint about the height of the structure. Code Enforcement advised the applicant to come down to the Planning & Permits Department for information on structure requirements. Mr. Papagno handed the Board a letter of petition from all of the applicant's neighbors with names, addresses, and signatures, stating that the structure is fine as it stands. The yard sits on a slant and the front of the home is at grass level and the back of the home is about a foot off. The height of the structure is a total of 13 ft. 4 in. All the houses in the neighborhood are 3,000 sq. ft. or more. The playhouse is dwarfed by the homes that are surrounding it. If this had been built in a neighborhood with 1,600 Sq. ft. homes then this playhouse would stick out more. There is a tree next to the playhouse and hopefully will shade the playhouse as it grows. Also, some other landscape was planted along the fence line with the hopes that the playhouse would be less visible in the future. The biggest problem with the visibility of the playhouse is the fact that the applicant lives on the corner and not in the middle of the block. There is not just a Page 2 07/22/04 ZBA Minutes playhouse in the yard, but a slide and swing set as well. It is a complete play area for the children. Chairman Duer asked the applicant how old the homes were. Mr. Papagno answered that all the homes are less than two years old. Jim Kemp asked about the angle of the roof. Mr. Papagno stated that the angle of the roof or peak of the roof is 2 in. Due to the size of the structure, the slope was kept small. Leslie Jauregui asked if the applicant could stand up on the second floor of the playhouse. Mr. Papagno stated yes, on each level it stands 5 ft. 10 in. Chairman Duer asked if the structure had electricity or running water. The applicant responded no. Roy Sculley asked if the roof line was brought down to specifications, would it still be viable upstairs for the children to use. Mr. Papagno stated no. Leslie Jauregui asked the applicant if he could split the difference on each level. Mr. Papagno stated that if he had to make any modifications to the playhouse that he would tear it down. To construct the playhouse it cost $3,000 and to make modifications would take an additional $1,000. Chairman Duer stated that if the applicant removed the top 16 in. according to Ordinance, the playhouse would still have the windows on the second floor and there would still be visibility from the street. It doesn't change the visibility of the house at all. Mr. Papagno stated that the playhouse is centered in the backyard and 12 ft. from the back and 21 ft. from the side. Beth Davis asked the applicant if he built the structure with fire safety in mind and it appears that there is access to the balcony from the second story. The applicant answered yes. Chairman Duer closed the public hearing and called for discussion by the Board. Chairman Duer stated that he was encouraged by several things; 1) Mr. Papagno is a City employee that called and asked about permitting and was told he didn't need a permit, 2) Chairman Duer doesn't see any benefit of reducing the height to 12 ft. including the visibility from the playhouse or from neighboring houses, 3) Anything that can be done in the year 2004 that helps keep kids on our property instead of doing other things is a good thing. Beth Davis asked the applicant about the material on the outside of the structure. Is it wood siding or is it hardi plank? Mr. Papagno stated that it is wood siding. Page 3 07/22/04 ZBA Minutes Chairman Duer asked the applicant what the value of the homes in this neighborhood were. The applicant responded that his last TAD appraisal was $229,000. Leslie Jauregui stated that she is in agreement with the Chairman except for the fact that there is an Ordinance in place and there is no hardship to the property. Chairman Duer stated that there may not be a hardship to the property, but there is a hardship when the applicant was told that a permit was not required and was not given any guidelines. Jim Kemp, seconded by Roy Sculley, motioned to approve BA 2004-04 based on the communications gap from the City is the hardship. The motion was approved (4-1) with Leslie Jauregui voting against the motion. Leslie Jauregui stated a recommendation to City Staff to bring this to the attention of City Council and try to get some guidelines for any accessory temporary or permanent structure that can be given out in a hand out or placed on the website. 4. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:27 p.m. 7~ tJ~. -' Chairman Dr. Tom Duer Page 4 07/22/04 ZBA Minutes