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HomeMy WebLinkAboutZBA 2004-08-26 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 26, 2004 1. OATH OF OFFICE Chairman Duer recognized Place 7, Jerry Don Henry and Place 4 Fonda Kunkel as receiving there Oath of Office earlier today. 2. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:05 p.m. ROLL CALL Present Chairman Dr. Tom Duer Leslie Jauregui Fonda Kunkel Jerry Henry Jim Kemp Roy Sculley Absent Beth Davis City Staff City Planner Recording Secretary Donna Jackson Eliza Margenau 3. CONSIDERATION OF MINUTES OF JULY 22,2004. APPROVED Jim Kemp, seconded by Leslie Jauregui, motioned to approve the minutes of July 22, 2004 with the approved change of page 1. The motion was approved unanimously (5-0-1) with Jerry Henry abstaining due to his absence of the July 22, 2004 meeting. Page 1 08/26/04 ZBA Minutes 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 AFFIMA TIVE VOTES. 3. BA 2004-05 A PUBLIC HEARING TO CONSIDER A REQUEST FROM ROMERO BALERO FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO 1874: ARTICLE 6, SECTION 630. C. 7. ACCESSORY BUILDINGS AND STRUCTURES MAXIMUM TOTAL FLOOR AREA. THE APPLICANT WOULD LIKE TO CONSTRUCT A GARAGE AS AN ACCESSORY BUILDING IN BACK OF THE EXISTING HOME. ACCORDING TO THE ZONING ORDINANCE, THE MAXIMUM FLOOR AREA CAN BE 500 SQUARE FEET. THE APPLICANT IS REQUESTING A VARIANCE FROM THE MAXIMUM TOTAL FLOOR AREA OF AN ACCESSORY BUILDING OR STRUCTURE OF 500 SQUARE FEET TO 576 SQUARE FEET. THE SITE IS LOCATED AT 7109 SMITHFIELD ROAD. APPROVED Chairman Dr. Tom Duer opened the public hearing. Chairman Duer asked the applicant to step forward. For the record, Eliza Margenau is present for interpretation if necessary. Mr. Romera Baiera's son came forward. Mr. Baiera stated that they would like to have a garage/accessory building. A garage is not available due to the enclosure of the existing garage for additional living space. Mr. Baiera would like to store machinery, tools and other valuable items in the accessory building as well as use it as a work shop. Currently the items listed above are covered with a tarp. Chairman Duer stated to the applicant that the structure would need to be brick. Mr. Baiera replied and agreed to the 85% masonry requirements. Chairman Duer asked the applicant to follow up with the raof pitch requirements. Donna Jackson stated that the pitch requirements are to be met as 4: 12. Chairman Duer stated that the applicant would need to simulate the building to look concurrent with the house as close as possible. Leslie Jauregui asked the applicant how old the home was. Mr. Baiera son stated about 8 yrs old. Page 2 08/26/04 ZBA Minutes Chairman Duer asked the applicant it they were going to run electricity to the garage/accessory building. Mr. Salero son stated that yes electricity would be installed but no water service. Mr. Romero Balero mentioned that maybe in the future water might be a possibility. Chairman Duer stated that applicant would need to come before the City to get it approved. The City's concern is the structure becoming a second living facility. Leslie Jauregui asked the applicant if they will be able to match the brick. The applicant answered yes. Jerry Henry stated that with all the equipment mentioned, a business can't be run out of this garage. Mr. Romero's son replied that a business will not be run from the garage; it will only be used for storage. Chairman Duer asked if the dwelling had a garage at this moment. Will the garage be used for parking cars or primarily storage? Leslie Jauregui mentioned that a concrete driveway will need to run to the garage. Mr. Balero's son stated that the garage will be used to park a car and a truck with a concrete driveway per City requirements. Jerry Henry stated that when the home was built the existing garage was converted to a game room. Jerry Henry asked the applicant how many garage doors will be on the structure. Mr. Romero's son stated that the garage would be a two car garage. Chairman Duer asked the applicant to take a seat and asked if there was anyone else that needed to speak in regards to BA 2004-05. Being none, Chairman Duer closed the public hearing. Chairman Duer opened the discussion and asked for a motion. Chairman Duer asked if there was any response to the mail out announcing the case. Planner Donna Jackson stated that no one has respond by telephone or mail. Leslie Jauregui stated that she would rather see one larger building in the backyard instead of more than one building. Granting of the variance would be a safety factor on Smithfield Road in order to keep the parked cars off of Smithfield Road and that it would be a way to justify the approval for the variance. Page 3 08/26/04 ZBA Minutes Leslie Jauregui, seconded by Fonda Kunkel motioned to approve BA 2004- 05 with the stipulation that the applicant follows all regulations regarding the 85% masonry, 4' 12" roof pitch, concrete drive way, and electricity only. The motion was approved unanimously (6-0). Leslie Jauregui asked Staff after the motion, if anything was sent to City Council in regards to guidelines of the material and construction of the roof for accessory buildings that were discussed in our last meeting on July 22, 2004. City Planner, Donna Jackson answered that at this time the discussion around the table for City Council is the budget and the RV Ordinance. Before Staff takes anything to City Council it will be discussed with the Zoning Board first. Jerry Henry requested from Staff that anything that is handed out to citizens in regards to ordinances and anything of this nature have a statement in regards to this only pertains to the City and that the citizen needs to check with their Homeowner's Association for deed restrictions that may be more restrictive than the City. City Planner, Donna Jackson stated that as far as this property is concerned there may not be a Homeowner's Association. Also, the City doesn't get involved or enforce Homeowner's Association restrictions. Staff can verbally tell citizens that they need to check with their Homeowner's Association deed restrictions, but it cannot be placed in writing as a part of our restrictions. 4. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:22 p.m. 7~ Ó"L j Chairman Dr. Tom Duer Page 4 08/26/04 ZBA Minutes