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HomeMy WebLinkAboutZBA 2003-02-27 Minutes "--~~-~_._- MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS FEBRUARY 27, 2003 1. CALL TO ORDER The meeting was called to order by Dr. Tom Duer at 7:00 p.m. ROLL CALL Present Chairman Alternate Dr. Tom Duer Leslie Jauregui Ken Sapp Fonda Kunkel Beth Davis Jim Kemp Absent Alternate Perry Christensen City Staff Zoning Administrator Recording Secretary Dave Green Holly Blake 2. CONSIDERATION OF MINUTES OF SEPTEMBER 19, 2002 APPROVED Leslie Jauregui stated that there is an error on page 4, paragraph 5. The word "did" needed to be inserted between "ZBA" and "not". Beth Davis, seconded by Leslie Jauregui, motioned to approve the minutes of September 19, 2002 upon correction of page 4, paragraph 5. The vote carried unanimously (5-0). The corrections were made. The word "did" was inserted between "ZBA" and "not" on page 4, paragraph 5. CHAIRMAN DR. TOM DUER EXPLAINED THE VOTING REQUIREMENTS OF THE ZONING BOARD OF ADJUSTMENT. THE ALTERNATE JIM KEMP WILL NOT BE A VOTING MEMBER DUE TO ALL BOARD MEMBERS BEING PRESENT. ANY REQUEST THAT GOES BEFORE THIS BOARD MUST Page 1 2/27/03 ZSA Minutes RECEIVE A SUPER MAJORITY (75%). THIS BOARD IS A 5 MEMBER VOTING BOARD. FOR ANY VARIANCE TO PASS IT MUST RECEIVE 4 AFFIRMATIVE VOTES. 3. BA 2003-01 PUBLIC HEARING TO CONSIDER A REQUEST BY SID AND CARREN CAVANAUGH FOR A VARIANCE TO NORTH RICH LAND HILLS ZONING ORDINANCE NO. 1874; ARTICLE 1, SECTION 175.C.1 NONCONFORMING USES AND ARTICLE 4, SECTION 400.C.5 MINIMUM FRONT YARD SETBACK. THE SITE IS LOCATED AT 6621 CRANE ROAD. APPROVED Dave Green, Zoning Administrator, presented the case. This is a request by Sid and Carren Cavanaugh. The address is 6621 Crane Road. There are pictures included in the ZBA member's agendas of the site, as it appeared 10 days ago. There is a small cream house on this site that is being expanded. There is a carport that is being added to the north side of the building and a patio being added to the rear of the site. On the front portion of the site between the house and Crane Road there is a front entryway that is being added. The property is currently in an Agricultural District. Under the current regulations, in the AG district, residential structures are not permitted. This house has been there since the 1950's. Staff has reviewed it as a legal nonconforming use, due to the age of the house. A variance is needed for an expansion. The zoning ordinance allows nonconforming structures to be maintained. A new roof can be put on it -- change windows, paint, or put new siding, however, it cannot be expanded. The roofline cannot be extended. The first item that is requested for variance is the expansion of a nonconforming structure. The board has the authority under the zoning ordinance to consider and grant a variance. The second item is the expansion on the front of the house at the front entryway. Crane Road is being expanded at this time. There will be new pavement with a curb and gutter as well as a sidewalk. The expansion by the applicant comes outward in the area of the doorway and, there is a foundation poured about 10-ft from that doorway. At the same time, the City is widening and improving the street. Between the expansion of the front of the doorway and the street there appears to be a setback of approximately 10-ft. The current setback requirement in an Agricultural District is 25-ft. The applicants are present to answer any questions. Beth Davis asked if there would be 20-ft. to the roadway instead of 31-ft. without the new expansion? Mr. Green responded that new information that came in this afternoon indicates that without the expansion, the house is currently 20-ft from where the property Page 2 2/27/03 ZSA Minutes line is now. Including the additional right-of-way that will be developed with the sidewalk and new pavement, that leaves a 10-ft setback. Chairman Duer added that the property line is different from a lot of residential streets that have sidewalks. The property line is the edge of the sidewalk closest to the house. For a lot of streets the property line is the curb and then the sidewalk is on the property. When the City decided to widen the street they bought enough right-of-way to bring the property line right to the edge of that sidewalk. Leslie Jauregui asked if that would be the backside of the sidewalk. Jim Kemp asked how wide the sidewalk would be. Mr. Green answered that a typical sidewalk is 3-4-ft. Chairman Duer added that in a lot of residential areas there is a survey pin on the curb and then the sidewalk is on your property. Instead of the property being 10-ft to the street it is actually 1 O-ft to the sidewalk. Beth Davis asked if the City bought the right-of-way or is the City encompassing that right-of-way with part of the street? Mr. Green responded that the City purchased right-of-way. Beth Davis asked the distance to the curb line. Mr. Green responded it would be 30-ft to the actual curb of the street, leaving a 10-ft setback. Beth Davis commented that the City has the right to widen that street if they own that right-of-way right up to the property line. At some future point in time with development in that area it may become necessary to do that. That is why the City bought the additional right-of-way. Mr. Green added it is usually a function of the thoroughfare plan, which shows either existing streets or future streets. The City usually gives them a designation. In this case, Crane was a collector street. That is usually a 60-ft wide right-of-way, two lanes, undivided and extra wide due to gathering traffic from adjacent subdivisions. It then feeds down to a major street. Chairman Duer asked when complete, will the street be two lanes and undivided? Mr. Green responded yes. The Chairman asked if there were any more questions. He then asked if the applicant would like to speak. Page 3 2/27/03 ZSA Minutes Sid and Carren Cavanaugh currently reside at 6605 Crane Road. Mrs. Cavanaugh handed out a survey stating the house is 31-ft from the road. The house was built in 1952. When it was built it had a door that opened to the front and 10-ft out from that door was the sidewalk. According to the City plans, the front of the house is currently 31-ft from the road that exists now. It does not have curbs or gutters. When the curb is put in, it will be 31-ft from the curb. She handed out a copy of the City's sewer plan for that area. It shows the same curb, 31-ft from the front of the house and 21-ft to the setback. Mr. Cavanaugh explained that the addition is for safety reasons due to the widening of the road. The front door would have no protection at all. The step up was raised and made even with the house. It sticks up 12-13-inches in case a car runs into the house. The car will hit the concrete and not plow into the house. Mr. Cavanaugh stated that they are taking a house worth nothing and spending $20,000 to fix it up so that someone can live in it. Jim Kemp asked if the Cavanaugh's lived in the house? Mr. Cavanaugh answered no. They currently live next door, however, his mother-in-law will be moving in. The only reason for the metal roof is because the house doesn't have the structural strength to hold a roof. He stated that overall the house will look better than it did 6 months ago. It will dress up the neighborhood instead of downgrade it. Mr. Cavanaugh stated that they are going by the City ordinance as required, whereas many carports that are built do not. The changes will also make the house safer to live in due to the buffer zone of concrete between the sidewalk and the house. The room that is being added is not a living room. It is like a reception room or flower room. Ken Sapp asked if it was Mr. Cavanaugh's intention to enclose it? Mr. Cavanaugh stated that he wanted to, but it is not necessary. The only intention for this room at this time is to be a flower room or something of that nature. He stated that two cars have already run into the trees out front, which the City is about to take down. That leaves the house without a buffer. Leslie Jauregui inquired about the covered carport on the side. Mr. Cavanaugh responded that only a roof is being added. The concrete was laid where the carport is and all the way around the back of the house just for outside exposure. Leslie Jauregui asked if it was going to be an enclosed covered patio or just a roof. Mr. Cavanaugh answered that it would be open and the roofline will follow the roofline of the house. Mrs. Cavanaugh added that they are trying to create a safe entrance. This way the door would be opened to the north side of the house instead of to the east (in front of the house). The only way it would be enclosed would be with glass, but no electricity, air or anything. Page 4 2/27/03 ZSA Minutes Chairman Duer stated that enclosing it would be interpreted as an expansion of the house, whereas making it as just a cover or protection for the front door is a patio. Mrs. Cavanaugh responded that it would be an open porch. Leslie Jauregui stated that if it is enclosed then it becomes a room. Chairman Duer asked the applicant if they were the landowners when they expanded the street? Mr. Cavanaugh stated yes, that an agreement was made and they received money for that, but they will not be charged for the curb. However they will have to pay Fort Worth Tap and North Richland Hills. He stated that from his house in the back, the log house, down to Main Street there is no sewer line. The reason there is no sewer line is because there is no tax base there and it was cut off years ago. Mr. Cavanaugh just happened to buy that house after he became a City Councilman and realized why the Public Works Department didn't run that line all the way down. The two houses that are on septic are way below standards. They need to be on sewer. Mr. Cavanaugh has complained about it numerous times at tax meetings with the gentleman who is trying to raise the taxes on two pieces of property that doesn't have sewer. If they get sewer however that is no problem. Mr. Cavanaugh believes that this would be a nice improvement for the City. Beth Davis asked Mrs. Cavanaugh if it would be her mother that would be living in the house and the age of her mother. Mrs. Cavanaugh responded that it is her mother that will be living in the house and she is 73. Beth Davis inquired what would happen to the property when Mrs. Cavanaugh's mother could no longer live alone in that house. Would it become a rental property at that time? Mr. Cavanaugh stated no. It never has been a rent house. He has always taken care of someone in his family and will continue to do so. That is the intent of the house. Leslie Jauregui asked if there were other properties on that street zoned AG? Mr. Green responded that he believes that there are a number of them, not just on that street, but in that area. Mr. Cavanaugh stated that he does have animals. He keeps them limited due to animal control asking him to cut back. He has had angoras and buffalo, but now he only has one cow. Chairman Duer asked for the lot size. Mr. Cavanaugh stated .54 acres (half an acre). Chairman Duer closed the public hearing and opened it up for discussion by the Board. Page 5 2/27/03 ZSA Minutes Leslie Jauregui wondered if masonry would be required for the poles on the carport. Mr. Green stated that, in general a house that was built with certain materials (especially materials that today would not be allowed to be used for building) you continue with the existing materials. In this case, the poles can be built with metal or wood. Leslie Jauregui asked Mrs. Cavanaugh what roof material would be used? Mrs. Cavanaugh responded that the entire house would have a metal roof. Fonda Kunkel asked how this would change the requirements if the Cavanaugh's were zoned residential? Chairman Duer responded that there would be more restrictions. The way the house was built and the materials used, would not be allowed today. Mr. Green added that this development was there prior to North Richland Hills annexing it into the City. He speculated that perhaps it had been built at a point and time when the City didn't have the regulations that exist now. Today the regulations are very specific, from roof pitch to roofing material to masonry requirements. Fonda Kunkel asked if the zoning was changed to residential, would the upgrade be required? Mr. Green explained that it would still be a nonconforming structure, because it is being used as a residence. If they changed the zoning to residential, their use would be fine, but the structure itself wouldn't meet the requirements of the current ordinance. Leslie Jauregui asked if it would be grandfathered? Mr. Green stated that yes it would be grandfathered in. Jim Kemp added that this house was built before North Richland Hills existed. Leslie Jauregui added that they wouldn't have to change the house or bring it up to code. Mr. Green stated that you are allowed to maintain it, new roof, paint it, new windows, or even move a doorway. However, because it is nonconforming, you can not expand it, extend it or even move it on the property. Chairman Duer asked if they were to bulldoze this house down, would they have to build it to current code? Mr. Green stated yes. Jim Kemp asked Mr. Green to differentiate between expand and extend. Mr. Green stated the ordinance refers to roof overhangs being limited to 24-in. from the supporting wall. Because it isn't enclosed, it is not considered a room but rather an extension of the roofline with supports. Mr. Cavanaugh explained that the exchange of the right-of-way gave them the money to make improvements to this house. He stated they would not have upgraded if they hadn't done that. He said that the issue of the porch and the distance between the street never came into the major conversation until the blueprints were drawn. He said the blueprints were done before the City told them how wide the street was going to be. Page 6 2/27/03 ZSA Minutes Chairman Duer asked if permits were obtained when the porch was poured. Mr. Cavanaugh stated yes. He further stated that the only improvements that were made were new windows, and a single door that was made into two double doors. He stated that they then added the metal roof and replaced the hardy board with concrete board. Chairman Duer called for a motion for BA 2003-01. Beth Davis, seconded by Ken Sapp, motioned to approve BA 2003-01 based on the hardship, which is the age of the house (built in 1952) and that the house is so close to the road. The board approves the expansion of the nonconforming use to include the existing carport and front porch and extended roof that is under construction not to exceed the existing foundation and concrete on the property, and with the stipulation that the expansion cannot be enclosed. The motion carried unanimously (5-0). 4. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:52 p.m. 7~ Ó~, --/ Chairman Duer Page 7 2/27/03 ZSA Minutes