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HomeMy WebLinkAboutZBA 2002-08-15 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUGUST 15, 2002 1. CALL TO ORDER The meeting was called to order by Dr. Tom Duer at 7:06 p.m. ROLL CALL Present Chairman Dr. Tom Duer Leslie Jauregui Jim Kemp Fonda Kunkel Beth Davis Absent Perry Christensen City Staff Zoning Administrator Recording Secretary Dave Green Holly Blake 2. CONSIDERATION OF MINUTES OF MAY 16, 2002 APPROVED Leslie Jauregui, seconded by Jim Kemp, motioned to approve the minutes of May 16, 2002. The vote carried unanimously (5-0). CHAIRMAN DR. TOM DUER EXPLAINED THE VOTING REQUIREMENTS OF THE ZONING BOARD OF ADJUSTMENT AND INTRODUCED TWO NEW MEMBERS, BETH DAVIS AND FONDA KUNKEL. Page 1 of 5 08/15/02 ZBA Minutes 3. BA 2002-03 A PUBLIC HEARING TO CONSIDER A REQUEST BY BRADLEY THOMPSON FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINACE NO. 1874: ARTICLE 6, SECTION 630. THE APPLICANT IS REQUESTING PERMISSION TO CONSTRUCT A DETACHED GARAGE THAT WILL EXCEED THE 500 SQUARE FOOT MAXIMUM SIZE PERMITTED. THE PROPERTY IS LOCATED AT 7003 SMITHFIELD ROAD AND IS ALSO KNOWN AS LOT 1, BLOCK 1, THOMPSON ADDITION. APPROVED Dave Green, Zoning Administrator, presented the case to the board. Mr. Thompson is requesting a variance to construct a detached garage that will exceed the 500 square foot maximum size permitted. Mr. Thompson has a case that will be going before the Planning & Zoning Commission for a zoning change of his property. It is currently zoned R-1 (Single Family Residential) and Mr.Thompson will be requesting R-1-S (Special Single Family Residential). If the Planning & Zoning Commission approves the zoning change then the maximum square footage of the structure is limited to 5% of the total lot area. Mr. Darcy Boatman is also connected to this case and his property is located next door to Mr. Thompson. Dave Green also stated that for the zoning change signs will be posted to advertise the zoning change and notification letters will be sent out to neighboring residents. Dr. Tom Duer suggested that the case be tabled until the Planning & Zoning Commission hears the zoning change request. Dr. Tom Duer closed the public hearing. Jim Kemp, seconded by Leslie Jauregui, motioned to table BA 2002-03 and await the outcome of the rezoning request. The motion carried (5-0). [Eventually untabled.] 4. CITIZEN COMMENTS Dr. Tom Duer explained the request to the citizens present. He stated that Mr. Thompson wanted to build a detached garage larger than the maximum of 500 square feet. He then asked the citizens if they had any questions or comments. Susan Dunn, a neighbor living at 7032 Smithfield Road addressed the board. She wanted to know about the zoning change that is being requested and what kind of building would Page 2 of 5 08/15/02 ZBA Minutes be built and what would its use be? Also, she wondered if livestock would be present and the regulations regarding livestock? Dr. Tom Duer explained that the zoning change would be going before the Planning & Zoning Commission. Dave Green informed Mrs. Dunn that the Planning & Zoning meeting would be September 26, 2002. Mrs. Dunn is concerned that the garage will be used for commercial purposes. She is concerned about the hours of operation and the noise from dump trucks and tractors at 5:30 a.m. Dr. Tom Duer and Dave Green stated that the garage could not be used for commercial use in an R-1 zoning. Leslie Jauregui mentioned that there is a noise pollution ordinance. Dave Green will speak with Code Enforcement and find out the specific times of the noise ordinance for Mrs. Dunn and contact her with an answer. Mrs. Dunn also inquired if a letter or sign would be sent out to inform the neighbors regarding additional changes, especially the neighbors behind the property. Dr. Tom Duer said yes. Dave Green explained that by law, everyone within 200 feet had to be notified of any changes to the zoning. Dr. Tom Duer stated that due to the size of the lot fewer people would be notified. Dave Green added that because Mr. Boatman is a part ofMr. Thompson's case the 200 feet surrounding his property would also be notified. For this particular case mail outs and signs should be out by September 16, 2002 for the September 26, 2002 Planning & Zoning Meeting. Dr. Tom Duer summarized for those present that the Zoning Board of Adjustment is tabling the case in order to await the outcome of the rezoning request. They are also tabling this case because the applicant is not present. 5. MISCELLANEOUS REPORTS & DISCUSSIONS There were none. CHAIRMAN DR. TOM DUER REOPENED THE PUBLIC HEARING DUE TO THE APPLICANT'S ARRIVAL TO THE ZONING BOARD OF ADJUSTMENT MEETING. Page 3 of 5 08/15/02 ZBA Minutes Mr. Thompson arrived at 7: 17 p.m. Dr. Tom Duer reopened the public hearing (BA 2002-03) for discussion. Bradley Thompson of 7003 Smithfield Road stated that he would like to build the detached garage towards the back of the property for his boat, jet skis, and other miscellaneous items. Mr. Thompson also stated that he would build it to match his residence and pool house. At this time, Mr. Thompson handed out photos of the property, including the residence and pool house. Dr. Tom Duer stated that because the building will be more than 200 square feet, masonry materials apply. Mr. Thompson agreed. He said that he already has the material for the building and restated that he will build the garage to match his residence and pool house. Leslie Jauregui asked Mr. Thompson if there is already a driveway leading up to the slab for the garage. Mr. Thompson stated no, but that there would be. The slab was poured when the pool house was built. Leslie Jauregui asked ifhe had obtained a permit? Mr. Thompson stated the he did not get a permit. Jim Kemp asked Dave Green, how many accessory buildings are allowed on residential property? Dave Green responded only one. Jim Kemp asked if Mr. Thompson's pool house counted as an accessory building? Dave Green answered yes, because the pool house is detached from the residence. Dr. Tom Duer asked ifthis was a new ordinance? Dave Green stated that is a fairly new ordinance passed a few years ago by City Council. They raised the bar due to people filling their backyards with accessory buildings. Dr. Tom Duer asked if that also limits people to 3 or 4 car garages? Dave Green answered yes, detached only. Page 4 of 5 08/15/02 ZBA Minutes Mr. Thompson stated that he did not realize how much trouble this would be. Dr. Tom Duer informed Mr. Thompson that this garage cannot be used for commercial use. Mr. Thompson agreed and stated that he had a facility away from home for his business. Beth Davis asked Dave Green about livestock and lot size. Dave Green stated that livestock uses may be conducted in R-I-S (Special Single Family) zoning districts. Dr. Tom Duer voiced concerns about the effects of what livestock, especially the attraction of flies, would have on the surrounding neighbors. Dave Green also stated that a barn should be on site if livestock is present. Dr. Tom Duer said that it must be masonry and it must look like the pool house and residence. Also, Dr. Duer stated he would like to keep Mr. Thompson or any other resident from over-building on residential lots. Dr. Tom Duer suggested that the board untable BA 2002-03. Leslie Jauregui, seconded by Jim Kemp, motioned to untable BA 2002-03. The motion carried (5-0). Leslie Jauregui, seconded by Fonda Kunkel, motioned to approve BA 2002-03 with the understanding that the detached garage will be built to match the residence and pool house. Also, the detached garage will be built within all regulations, and Mr. Thompson will apply for all permits that are required. The motion carried (5-0). Dr. Tom Duer told Mr. Thompson that with this decision, he should remove his request/motion from the Planning & Zoning Commission. Mr. Thompson agreed. 6. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 7:43 p.m. ? /~ Chairm:duer Page 5 of 5 08/15/02 ZBA Minutes