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HomeMy WebLinkAboutZBA 2002-09-19 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 19, 2002 1. CALL TO ORDER The meeting was called to order by Dr. Tom Duer at 7:00 p.m. ROLL CALL Present Chairman Dr. Tom Duer Leslie Jauregui Fonda Kunkel Beth Davis Jim Kemp Alternate Absent Perry Christensen City Staff Zoning Administrator Recording Secretary Dave Green Kellie Smith 2. CONSIDERATION OF MINUTES OF AUGUST 15, 2002 APPROVED Jim Kemp, seconded by Beth Davis, motioned to approve the minutes of August 15, 2002. The vote carried unanimously (5-0). CHAIRMAN DR. TOM DUER EXPLAINED THE VOTING REQUIREMENTS OF THE ZONING BOARD OF ADJUSTMENT. 3. BA 2002-04 A PUBLIC HEARING TO CONSIDER A REQUEST BY DARCY BOATMAN FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO. 1874: ARTICLE 4, TABLE 4-1. THE APPLICANT IS REQUESTING PERMISSION TO CONSTRUCT A NEW RESIDENCE THAT WILL EXCEED THE 38-FT. MAXIMUM HEIGHT PERMITTED FRO STRUCTURES. THE Page 1 9/19/02 ZSA Minutes APPROVED Dave Green, Zoning Administrator, presented the case. This property is zoned R-2 residential and the maximum allowable height for a structure is 38-ft. Mr. Boatman is requesting a 45-ft. roof height. Darcy Boatman, applicant, came forward. He currently resides at 7113 Barbados. Mr. Boatman stated that he has been working for over two years on the plans to build a home at 7005 Smithfield Road and that he did not know there was a 38-ft. height restriction until he applied for a building permit. He said that his lot sits about 300 feet back from the road and there is a lot with a home on it in front of Mr. Boatman's lot. Mr. Boatman's lot is isolated and difficult to see from the street. He stated that if the variance is not approved he will have to start over since the blueprint plans are only feasible with the 45-ft. roof elevation. Chairman Duer asked if there were any questions from the Board. Beth Davis asked how far the house will be located from the back of the property to the neighbor's to the north? Mr. Boatman responded that there will be approximately 25 ft, from the property line to the fence and approximately 40 ft. to the house, totaling 65 ft. Chairman Duer inquired as to maximum roof height requirements in Colleyville and Southlake. Mr. Green explained that those cities measure differently. They allow taller rooflines and larger roof structures. North Richland Hills measures from bottom to top. Colleyville and Southlake measure where the roof begins and the peak. Mr. Boatman said that some roofs in Colleyville are 60-ft. They take an average from low point to high point. Beth Davis asked the applicant if he was going to build a 3rd floor and whether or not there would be windows on that floor. Mr. Boatman responded that it would only be a two-story. Mr. Kemp asked the applicant if the roof will be a peak roof or straight across? Mr. Boatman responded that the roof maximum is 16-ft. across and tapers down on the side. It is a hip roof all the way around. Beth Davis inquired as to which direction the house faces. Mr. Boatman replied that it faces east towards Smithfield Road. Chairman Duer asked for the chimney's maximum height. Mr. Green explained that chimneys are not included in the height allowance. Chairman Duer opened the public hearing and called for anyone wishing to speak for or against BA 2002-04 to come forward. Page 2 9/19/02 ZSA Minutes Lori Horak, 7816 Noneman St., spoke in opposition of BA 2002-04. She stated that her property backs up to Mr. Boatman's property. She stated if Mr. Boatman's home sits 300 ft. back from the street with 25 ft. to the fence line, his 6000 sq. ft. home will sit practically in her backyard. She stated that the Smithfield Road people may not be able to see him, but his neighbors will. She stated that he has already raised the dirt level 4 ft., which when added to the 45 ft. house height puts the house at 49 ft. She asked if the City requires internal sprinkling in a 6,000 sq. ft. home? Mr. Pendley, Building Official, responded that sprinkling is not required. Chairman Duer corrected Mrs. Horak that the home will be 5,000 sq. ft., not 6,000. Mrs. Horak asked if landscaping will be required and if special drainage is required. Chairman Duer commented that drainage will be considered by City staff as part of the building permit. Chairman Duer closed the public hearing. Chairman Duer asked the Board if they had any comments. Mr. Kemp asked for the dimensions of the lot. Mr. Boatman brought forward his plans and showed there is 627.58 along the long side from street to back and 157.7 in width in back and 493.14 on the short side totaling approximately two acres. Chairman Duer asked how far from the back property line? Mr. Boatman said it is 233.72 from street to front counting the access way and over 300-ft. from house to back of property. Beth Davis asked the applicant if his driveway is straight or curved? Mr. Boatman replied that his plans include a circular drive and a racquetball court 10- ft. from the property line. Chairman Duer commented that we are only looking at the height tonight. Beth Davis asked the City staff if there were other variances for height in the City? Mr. Green said that this is the first that he is aware of. Beth Davis stated that her concern is the definition of hardship. If it serves the City that heights of roofs be increased then in would seem that they should take a second look at the zoning ordinance itself rather than to start making a variance to roof heights that do not exist anywhere else in the city. Chairman Duer stated that if requests begin to appear, ZBA could notify the City Council that there seems to be an increase and that City Council should possibly Page 3 9/19/02 ZSA Minutes look at the ordinance. He stated that this is the first request of this type that he has seen. Beth Davis asked the applicant how long he has owned the property? Mr. Boatman answered 2-1/2 years. Chairman Duer asked Mr. Boatman how long he had lived in North Richland Hills. Mr. Boatman answered since 1962. Beth Davis stated that Mr. Boatman could have the home built to another plan, another size, with a roof that does not exceed the requirement. Chairman Duer explained that if ZBA did not approve this request the applicant can appeal to the State District Court. It does not go back to the City. Mr. David Horak asked to speak. Chairman Duer commented that although he has already closed the public hearing he would allow Mr. Horak to come forward. David Horak, 7816 Noneman St., spouse of Lori Horak who spoke earlier, commented that he had pictures he had taken of the dirt that has built up. He questioned the sewer line and dirt that has been brought in. He asked if Mr. Boatman has obtained a permit to bring in dirt and/or to level the dirt? He commented that Mr. Boatman has brought in 50 loads of dirt and has raised his property 4 ft. He stated that if Mr. Boatman adds a 1-ft. slab and 45-ft. on top of that, they will be starring into each other's homes. Mr. Horak stated that this will lower the resale value of his home. He stated that Mr. Boatman will be looking down into his home, not across. He is concerned about flood lights as well. Dr. Duer reminded Mr. Horak that Mr. Boatman is asking for a 7-ft. difference than what the ordinance allows. He reminded Mr. Horak that this Board is only approving or disapproving the difference between 38-ft. and 45-ft.. He then asked City staff if the City red tags if the dirt is lifted too much. Mr. Pendley explained that the City Inspectors make sure the drainage is correct. Mr. Boatman stated that he did have a grading permit. Beth Davis asked about building regulations concerning aesthetics of the home, lighting of the racquetball court, and locations of out buildings. Is there a standard for sensitivity to neighbors for new construction? Dr. Duer stated as long as they satisfy zoning requirements and are within ordinance they can do what they like. Beth Davis stated that she was referring to building regulations. Page 4 9/19/02 ZSA Minutes Dave Pendley, Building Official, commented that aesthetics are not regulated. Mr. Kemp asked if they address drainage issues. Mr. Pendley stated that Public Works gets into the water flow, creeks, ditches, etc. and approves the grading plans. Beth Davis commented that she realizes they are limited to the roof height with this case, but she wondered if Mr. Boatman had considered that parts of his structure, for instance the exterior lighting of the racquetball court might be a challenge for neighbors. Mr. Boatman said the house value will be approximately $900,000.00 and it should add to the neighbor's property value too. Beth Davis asked the applicant if he planned to construct a wood fence. Mr. Boatman stated that he would erect an 8-ft. wood all the way around the property at his cost. He stated the he wants to be a good neighbor. He said this home would be a place for his kids and their friends to play. He would know where his kids are. He said he wouldn't shine any lights into anyone's window. Mr. Kemp asked about windows facing the north side of the property. Mr. Boatman answered that there wouldn't be a 3rd floor and no windows at all on the 2nd floor on that side. He commented that he didn't want anyone looking at his daughters either. Dr. Duer called for a motion. Leslie Jaurigue asked for an explanation of the zoning change. Dr. Duer explained that it is R-1 to R-1-S. Leslie Jaurigue asked the City staff for an explanation of R-1-S? Mr. Green explained that the minimum lot size is one acre, with a minimum 2,300-sq. ft. home with a height of 38 ft. Jim Kemp, seconded by Fonda Kunkel, motioned to approve BA 2002-04. The motion carried unanimously (5-0). Page 5 9/19/02 ZSA Minutes 4. BA 2002-05 PUBLIC HEARING TO CONSIDER A REQUEST BY REBEL PROPERTIES L.L.C. FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO. 1874: ARTICLE 4, SECTION 440C.8. AND ARTICLE 10, SECTION 1020.C. THE APPLICANT IS PROPOSING TO BUILD A GARDEN OFFICE DEVELOPMENT AND IS REQUESTING VARIANCES FROM THE MIN. 35-FT. SIDE YARD SETBACK REQUIRED ADJACENT TO RESIDENTIALLY ZONED PROPERTY AND A VARIANCE FROM THE REQUIRED MASONRY SCREENING WALL. THE PROPERTY IS LOCATED AT 6605 PRECENCT LINE ROAD AND IS ALSO KNOWN AS LOT 28, BLOCK 1, NOB HILL CENTRE ADDITION.L APPROVED Dave Green, Zoning Administrator, summarized the case. This is commercially zoned property on Precinct Line Road. The property immediately to the north is zoned residential, however, the use of the property is a church, Shady Grove Baptist Church. The zoning ordinance calls for a larger side yard setback (35-ft.) and a minimum 6-ft. masonry screening wall when residential property is adjacent to commercial property. The applicant is requesting a variance for a 10- ft. side yard setback and no masonry wall. Mark Wood, applicant, 6317 Riviera Dr., North Richland Hills, stated that he is asking for the two variances. He stated that this lot has been zoned C-1. Originally, it was platted for a Dairy Queen. He said that he purchased this property with the intention of building two garden office buildings. The adjoining property to the north is 6-7 acres, which was purchased by Shady Grove Baptist Church. At that time, it was zoned AG. Churches are allowed in any zoning except AG so the church rezoned to residential. However, all of the surrounding property is zoned C-1, which has zero side yard setbacks against other commercial property and no masonry wall requirement against other commercial property. He stated that their intention is to replat the lot into two lots, which will allow the lots to the west to have better visibility and access. Mr. Wood stated that if he puts up a fence, it will block the church's visual look, and their members will have to walk around the fence in order to park in the garden building's parking lot, which they have permission to do on Sunday. Beth Davis asked Mr. Wood if he had users for buildings on the proposed site? Mr. Wood answered yes. He said this lot is 4,000 square feet. His partner and he would be using half of that building and would lease out the front half. The second lot has three users; a mortgage company, residential design firm, and a residential home - builder. Page 6 9/19/02 ZSA Minutes Dr. Duer asked Mr. Wood about the parking lot and how far the church set from Mr. Wood's property line? Mark Wood replied that the distance starting from the edge of the building is approximately 60-ft. across the parking lot. He stated there is parking, a fire lane, and then more parking, some grass area, and then the building. Beth Davis asked Mr. Wood if the parking lots would be joined? Mark Wood replied that they are up against each other but separated by a curb. He said that pedestrian's can go across but not cars. To the front of the property, south off Precinct Line Road, they would like to eliminate the curb cuts on Precinct Line Road. Dr. Duer opened the public hearing and called for anyone wishing to speak for or against BA 2002-05 to come forward. There were none and the Chairman closed the public hearing. Jim Kemp, seconded by Fonda Kunkel, motioned to approve BA 2002-05. The motion carried unanimously (5-0). 5. BA 2002-06 PUBLIC HEARING TO CONSIDER A REQUEST BY OSCAR CHAVEZ FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO. 1874: ARTICLE 4, SECTION 410.C.3. THE APPLICANT IS REQUESTING PERMISSION TO CONSTRUCT AN IN-GROUND POOL TO BE LOCATED WITHIN THE 20-FT. BUILDING SETBACK REQUIRED FOR CORNER LOTS. THE PROPERTY IS LOCATED AT 7900 BRIDLEWOOD DRIVE AND IS ALSO KNOWN AS LOT 1, BLOCK 1, BRIDLEWOOD ADDITION. APPROVED Zoning Administrator Dave Green summarized the case. He stated that this is a corner lot which requires a 20-ft. front requirement and 20-ft. side yard requirement. The applicant's in-ground pool would be partially located in the rear to side into the 20-ft. setback. The applicant is requesting a variance on the Keller Smithfield side. Dr. Duer asked about the side yard setback and the brick wall to the entry. Mr. Green said that it is stated in the City and Subdivision regulation book that any frontage road or across road off a two-lane collector street or higher must have a brick wall. Page 7 9/19/02 ZSA Minutes Mr. Chavez, applicant commented that his backyard is limited. It faces south on the west corner and from the rear to the fence line he has 23-ft. East from the rear corner to the fence is 18-ft. with 7-1 /2-ft. utility easement. He commented that he is restricted based on the dimensions. This is the only place he could put a pool. There was a service drop in the middle of where the pool was going to be located and the applicant spent $1,200.00 to relocate that service drop. Due to the money he has already spent, he wants to go ahead with this request. Dr. Duer asked about the 20% green space rule? Mr. Green answered that it isn't necessarily called green space but open space. That is an area of 20% of your rear yard where no structures are permitted. He said this was counted in that space. Dr. Duer opened the public hearing. He asked if there was anyone who wished to speak in favor or in opposition of BA 2002-06. There wasn't anyone. Chairman Duer closed the public hearing. Jim Kemp commented that there isn't anywhere else Mr. Chavez could put a pool. Leslie Jauregui, seconded by Fonda Kunkel, motioned to approve BA 2002- 06. The motion carried (5-0) unanimously. 6. BA 2002-07 PUBLIC HEARING TO CONSIDER A REQUEST BY BRIAN JACKSON FOR A VARIANCE TO NORTH RICHLAND HILLS ORDINANCE NO. 2350, EXHIBIT B. A RESIDENTIAL FOUNDATION HAS BEEN POURED AND FRAMING HAS BEGUN ON A HOUSE THAT IS IN VIOLATION OF FRONT AND REAR SETBACKS OF THE NORTH RICHLAND HILLS TOWN CENTER DEVELOPMENT STANDARDS. THE APPLICANT IS REQUESTING A VARIANCE OF 1-FT.10-IN. FROM THE FRONT SETBACK REQUIREMENTS SO THAT THE EXISTING FOUNDATION AND FRAMING MAY REMAIN. THE PROPERTY IS LOCATED AT 6605 AVALON DRIVE AND IS ALSO KNOWN AS LOT 28, BLOCK 1, NORTH RICHLAND HILLS TOWN CENTER ADDITION. APPROVED Zoning Administrator Dave Green summarized the case. He said that 6017 in Home Town has different regulations and ordinances but are included in the Zoning Ordinance. He said that the Zoning Adjustment Board has a right to review this request. The front corner setback is 25-ft. and the foundation is approximately 1.1 O-in. over the setback requirements. Page 8 9/19/02 ZSA Minutes Chairman Duer asked if they could have put the setback anywhere they wanted. Mr. Green explained that in this area of Home Town, a 25-ft. setback is required. Jim Kemp asked if it sticks out 5-ft. over the building line? Mr. Green answered that he would say so. It goes out and back on that corner. Brian Jackson, applicant, David Weekly Homes, 8012 Bridge St. stated that the rear is over the building line 1-1/2-in. in the back. Mr. Green explained that while putting the case together staff saw two setback issues; one in the front and one in the rear. He said it is better to over-advertise than to under-advertise. On the rear, it is a utility easement encroachment, not a rear building setback. Every utility has the right to review the plans - 1.2 -in. they can probably live with and sign off on. Beth Davis asked what kind of home is planned for house number 6021? Brian Jackson stated he is not sure, but they are single town homes. Beth Davis asked if they were tall? Brian Jackson answered no. Chairman Duer opened the public hearing and called for anyone wishing to speak for or against BA 2002-07 to come forward. There were none and the chairman closed the public hearing. Jim Kemp, seconded by Beth Davis motioned to approve BA 2002-07. The motion carried unanimously (5-0). 7. BA 2002-08 PUBLIC HEARING TO CONSIDER A REQUEST BY THE CITY OF NORTH RICHLAND HILLS AND COVENANT PLACE OF RICHLAND HILLS, INC. FOR A VARIANCE TO NORTH RICHLAND HILLS ZONING ORDINANCE NO. 1874: ARTICLE 5, SECTION 520 C. WHICH REQUIRES A MINIMUM OF FOUR ACRES FOR PD PLANNED DEVELOPMENT ZONED PROPERTIES. THE PROPERTY IS LOCATED AT 7801 NORTH RICHLAND BOULEVARD AND IS ALSO KNOWN AS TRACT A, BLOCK 25 HOLIDAY NORTH ADDITION, SECTION SIX. APPROVED Page 9 9/19/02 ZSA Minutes Zoning Administrator Dave Green summarized the case. In 1995 the Covenant Group received approval for a Planned Development on a 4.1 acre site located on North Richland Blvd. The approved development plan included an assisted living complex (on the east portion of the site) and an Alzheimer facility on the western half. At this time only the assisted living facility has been constructed. The Covenant Group does not plan to build the Alzheimer facility, but instead wishes to sell the 1.6 acre western half of the original PO to the City of North Richland Hills, which will use the site as a neighborhood park. At the time that the original Planned Development was approved, there was a requirement that a PO must be a minimum of 4 acres in size. With the selling of the western portion of this site to the City, the remaining portion of the original Planned Development will contain only 3.068 acres. The Covenant Group's legal staff is requesting a variance for this 3.068 acre tract so that the existing development remains in a "conforming" status. Dave Evans, applicant, Vice President of the Covenant Group, stated that they are making this request in order to comply with the requirements of their lender. Chairman Duer opened the public hearing and called for anyone wishing to speak for or against BA 2002-08 to come forward. There were none and the Chairman closed the public hearing. Leslie Jauregui, seconded by Beth Davis motioned to approve SA 2002-08, reducing the required size of this PD to 3.068 acres. The motion carried unanimously (5-0). Beth Davis asked if this was a passive neighborhood park. Mr. Green explained that it is a passive neighborhood park. There will not be any parking facilities; sidewalks only. He believes there will be a picnic pavilion, playground, and trail system. 8. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:15 p.m. ;:~~ ¿f~)~ Chairman 0 r Page 10 9/19/02 ZSA Minutes