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Home My WebLink AboutZBA 2023-06-22 Agendas t4RH NOKTH RICH�AND HILL CITY OF NORTH RICHLAND HILLS ZONING BOARD OF ADJUSTMENT AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 THURSDAY, JUNE 22, 2023 WORK SESSION: 6:30 PM Held in the City Council Work Room, Third Floor A. CALL TO ORDER 1. Planning irector report 2. Discuss items from the regular Zoning Board of Adjustment meetinq. REGULAR MEETING: 7:00 PM Held in the City Council Work Room, Third Floor A. CALL TO ORDER A.1 PLEDGE A.2 PUBLIC COMMENTS An opportunity for citizens to address the Zoning Board of Adjustment on matters which are scheduled on this agenda for consideration by the Board, but not scheduled as a public hearing. In order to address the Zoning Board of Adjustment during public comments, a Public Meeting Appearance Card must be completed and presented to the recording secretary prior to the start of the Zoning Board of Adjustment meeting. B. MINUTES B.1 Approve Minutes of the January 6, 03, Zoning Board of Adjustment Meeting. Thursday, June 22, 2023 Zoning Board of Adjustment Agenda Page 1 of 2 C. GENERAL ITEMS C.1 ZBA23-0008 Public hearing and consideration of a request from Kenneth Kell�y for a variance from Section 118-831 (Minimum parking requirements} of the North Richland Hills Zoning ordinance at 4513 Mackey Drive, being 0.303 acres described as Lot 5, Block 9, Skyline Homes Addition. D. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills Zoning Board of Adjustment was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, June 16, 2023 by 5:00 PM. Emily Marlow Planning Technician This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Thursday, June 22, 2023 Zoning Board of Adjustment Agenda Page 2 of 2 "I r*4W NOLa`C`H KIC"HLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: June 22, 2023 SUBJECT: Planning Director Report PRESENTER: Clayton Comstock, Planning Director GENERAL DESCRIPTION: Staff will report on general announcements related to upcoming events and development activity in North Richland Hills and items of general interest to the Board. "K NOKTH KICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: June 22, 2023 SUBJECT: Discuss items from the regular Zoning Board of Adjustment meeting. PRESENTER: Clayton Comstock, Planning Director SUMMARY: The purpose of this item is to allow the Zoning Board of Adjustment the opportunity to discuss any item on the regular Zoning Board of Adjustment agenda. GENERAL DESCRIPTION: The purpose of this item is to allow the Zoning Board of Adjustment the opportunity to inquire about items that are posted for discussion and deliberation on the regular Zoning Board of Adjustment agenda. The Board is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular agenda. "K NOKTH KICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: June 22, 2023 SUBJECT: Approve minutes of the January 26, 2023, Zoning Board of Adjustment meeting. PRESENTER: Clayton Comstock, Planning Director SUMMARY: The minutes are approved by majority vote of the Board at the Zoning Board of Adjustment meetings. GENERAL DESCRIPTION: The Planning and Zoning Office prepares action minutes for each Zoning Board of Adjustment meeting. The minutes from each meeting are placed on a later agenda for review and approval by the Board. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the January 26, 2023, Zoning Board of Adjustment meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE JANUARY 26, 2023 WORK SESSION: 6:30 PM A. CALL TO ORDER The Zoning Board of Adjustment of the City of North Richland Hills, Texas met in work session on the 26th day of January 2023 at 6.30 p.m. in the City Council Chamber prior to the 7.00 p.m. regular Zoning Board of Adjustment meeting. Present: Tom Duer Place 5, Chair Steve Koons Place 4, Vice Chair Jim Kemp Place 1 Scott Walsh Place 3, Alternate Doris Elston Place 7 Absent: Dustin Coniff Place 2, Alternate Bill Gibbs Place 6 Staff Members: Clayton Comstock Planning Director Clayton Husband Principal Planner Emily Marlow Planning Technician Chair Duer called the work session to order at 6.32 p.m. 1 PLANNING DIRECTOR REPORT Planning Director Clayton Comstock provided an update on City Council actions, development activity, and announcements. 2 DISCUSS ITEMS FROM THE REGULAR ZONING BOARD OF ADJUSTMENT MEETING. Principal Planner Clayton Husband summarized the items on the agenda. Chair Duer adjourned the work session at 7.00 p.m. January 26, 2023 Zoning Board of Adjustment Meeting Minutes Page 1 of 6 REGULAR MEETING: 7:00 PM A. CALL TO ORDER Chair Duer called the meeting to order at 7.05 p.m. Present: Tom Duer Place 5, Chair Steve Koons Place 4, Vice Chair Jim Kemp Place 1 Scott Walsh Place 3, Alternate Doris Elston Place 7 Absent: Dustin Coniff Place 2, Alternate Bill Gibbs Place 6 Staff Members: Clayton Comstock Planning Director Clayton Husband Principal Planner Emily Marlow Planning Technician A.1 PLEDGE Chair Duer led the Pledge of Allegiance to the United States flag. A.2 PUBLIC COMMENTS There were no requests to speak from the public. B GENERAL ITEMS B.1 ZBA22-0006 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DAVID SALGADO FOR A VARIANCE FROM SECTION 118-873 (SCREENING WALL AND FENCE CRITERIA) OF THE NORTH RICHLAND HILLS ZONING ORDINANCE AT 7933 JOREEN DRIVE, BEING 0.363 ACRES DESCRIBED AS LOT 26, BLOCK 5, CLEAR VIEW ADDITION. APPROVED Chair Duer read the rules and regulations of the Zoning Board of Adjustment. He stated alternate Board member Scott Walsh may participate in the discussion of the items and would be voting on the items as there are four regular members present. Chair Duer opened the public hearing and called for Principal Planner Clayton January 26, 2023 Zoning Board of Adjustment Meeting Minutes Page 2 of 6 Husband to introduce the request. Mr. Husband introduced the request. Chair Duer called for the applicant to present the request and be sworn in prior to speaking. David Salgado, 7929 Joreen Drive, North Richland Hills, Texas, was sworn in by Chair Duer and presented the request. He stated that he lives next door to the subject property and purchased it to renovate the house and property. He stated after removing brush from the property's chain link fence, he was contacted by code compliance because the fence did not meet the standards required for swimming pools. He discussed how building a new fence at the setback line would affect the layout of the property and encroach into the swimming pool decking. The applicant presented signatures from neighbors that supported the request. Vice Chair Koons asked the applicant how far the existing fence is from the street. Mr. Salgado responded that the existing fence is nine feet from the street. Chair Duer asked the applicant how far the proposed fence is from the existing pool deck. Mr. Salgado responded that the fence is twenty-two (22) feet from the pool deck. Board Member Walsh and the applicant discussed prior permits for the subject property. Chair Duer, Mr. Husband, and the applicant discussed the possibility of moving the fence back from the property line in order to improve sight visibility at the corner and adjacent driveway. Vice Chair Koons, Board Member Walsh, and the applicant discussed future construction plans on the site. Chair Duer called for Principal Planner Clayton Husband to present the staff report. Mr. Husband presented the staff report. Board Member Kemp and Mr. Husband discussed the existing fencing on the property and whether it was compliant with code standards. Board Member Walsh, Mr. Husband, and Planning Director Clayton Comstock discussed fencing requirements for swimming pools. January 26, 2023 Zoning Board of Adjustment Meeting Minutes Page 3 of 6 Chair Duer called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Duer closed the public hearing. Chair Duer and Vice Chair Koons asked the applicant if existing chain link fence will be replaced. A MOTION WAS MADE BY CHAIR DOER, SECONDED BY BOARD MEMBER KEMP, TO APPROVE ZBA22-0006 WITH THE FOLLOWING CONDITIONS: 1) THE FENCE MUST BE CONSTRUCTED AT LEAST TEN FEET FROM THE PROPERTY LINE ON STANDLEY STREET OR TWENTY FEET FROM THE FACE OF THE CURB; 2) THE EXISTING WOOD FENCE MUST BE MODIFIED SO THAT ALL PARTS OF THE FENCE ARE CONSTRUCTED AT LEAST TEN FEET FROM THE PROPERTY LINE ON STANDLEY STREET OR TWENTY FEET FROM THE FACE OF THE CURB; AND 3) THE EXISTING CHAIN LINK FENCE MUST BE REMOVED FROM THE PROPERTY IN ITS ENTIRETY. MOTION TO APPROVE CARRIED 5-0. B.2 ZBA22-0007 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TRENT PROPERTIES, LLC FOR A VARIANCE FROM SECTION 118-313 (LOT AND AREA REQUIREMENTS) OF THE NORTH RICHLAND HILLS ZONING ORDINANCE AT 7305 SMITHFIELD ROAD, BEING 0.287 ACRES DESCRIBED AS LOT 6, BLOCK 1, LEE'S CROSSING. APPROVED Chair Duer called Principal Planner Clayton Husband to introduce the request. Mr. Husband introduced the request. Chair Duer called for the applicant to present the request and be sworn in prior to speaking. Chris Trent, 7301 Smithfield Road, North Richland Hills, Texas, was sworn in by Chair Duer and presented the request. He stated that he is the owner of the property and proposed that the 47-foot wide public access, drainage, utility, and landscape easement be excluded from the rear yard open space calculation since the easement takes up over twenty-five percent of the lot area. Board Member Walsh and the applicant discussed the development of the property January 26, 2023 Zoning Board of Adjustment Meeting Minutes Page 4 of 6 and the surrounding lots in the subdivision. Chair Duer and the applicant discussed how this property compares to surrounding properties in the subdivision. Mr. Trent stated this lot is one of the smallest lots in the development. Chair Duer called for Principal Planner Clayton Husband to present the staff report. Mr. Husband presented the staff report. Chair Duer and Mr. Husband discussed zoning history of the project and a similar case at the adjoining property. Board Member Walsh and Mr. Husband discussed how a smaller open space area would affect the usability of the yard. Chair Duer called for anyone wishing to speak for or against the request to come forward. Doug Terry, 577 Oakley Avenue, Fort Worth, Texas came forward to speak in favor of the request. Mr. Terry discussed how the lot size was affected by the shape of the neighborhood to the west and the initial development of the property. Chair Duer called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Duer closed the public hearing. A MOTION WAS MADE BY BOARD MEMBER KEMP, SECONDED BY VICE CHAIR KOONS, TO APPROVE ZBA22-0007. MOTION TO APPROVE CARRIED 5-0. C. ADJOURNMENT Chair Duer adjourned the meeting at 8.05 p.m. Dr. Tom Duer, Chair January 26, 2023 Zoning Board of Adjustment Meeting Minutes Page 5 of 6 Attest: Emily Marlow, Secretary January 26, 2023 Zoning Board of Adjustment Meeting Minutes Page 6 of 6 "K NOKTH KICHLAND HILLS ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: June 22, 2023 SUBJECT: ZBA22-0008 Public hearing and consideration of a request from Kenneth Kelley for a variance from Section 118-831 (Minimum parking requirements) of the North Richland Hills zoning ordinance at 4513 Mackey Drive, being 0.303 acres described as Lot 5, Block 9, Skyline Homes Addition. PRESENTER: Clayton Husband, Principal Planner SUMMARY On behalf of Veronica Johnson (owner), Kenneth Kelley is requesting approval of a variance to the residential parking requirements to allow a garage conversion to remain without providing two covered parking spaces on the property. The property is located at 4513 Mackey Drive. BACKGROUND INFORMATION The property is located east of Rufe Snow Drive and south of Victoria Avenue, on the west side of Mackey Drive. The property abuts the JoAnn Johnson Trail on the south side of the lot. At this location Mackey Drive is a dead-end street. The lot is 100 feet wide, 130 feet deep, and 13,000 square feet in area. The lot is zoned R-2 (Single-Family Residential). The house was constructed about 1965 and has approximately 2,072 square feet of living area. Ms. Johnson purchased the house in August 2012. The house was remodeled by a previous owner, and the two-car garage was converted into living space. A search of City records does not show that a permit was applied for or issued for the garage conversion. In addition, the construction in the space was not inspected for compliance with building and life safety codes. On February 17, 2023, a fire occurred in the house that possibly originated in the fireplace in the converted garage. A follow-up code compliance inspection on March 7, 2023, determined that building was substandard and in violation of the substandard buildings section of the Code of Ordinances ( caiip.„i „). This section establishes minimum standards for the use and occupancy of buildings. On March 9, 2023, a notice of violation was sent to the property owner stating the structure must be repaired. In May 2023 the owner's contractor met with the building inspection office to discuss requirements for obtaining building permits to repair the structure. As part of that discussion, he was advised that the former garage space would have to be converted back to a garage. Due to the garage conversion, the house does not meet the current zoning standard that requires two covered parking spaces located behind the front "K NOKTH KICHLAND HILLS building line. This standard is required by Section ,11,11, ::::�,11„ „� „� of the zoning ordinance. Garage conversions are permitted if an alternative location for the required covered parking is provided. In lieu of converting the space back to a garage, the owner has applied for a variance from the parking standard to allow the garage conversion to remain without providing covered parking elsewhere on the property. The owner has indicated that a location for covered parking or a detached garage is not available on the property, as approximately 75 percent of the lot is located within the FEMA regulatory floodway of Mackey Creek. The remainder of the site is located within the floodplain area. Building construction is not permitted within the floodway. FINDINGS FOR VARIANCE APPROVAL Section 11 11 „y of the zoning ordinance authorizes the Zoning Board of Adjustment ...to authorize upon appeal, in specific cases, such variance from the terms of [the Zoning Ordinance] as will not be contrary to the public interest and where, because of special conditions, the enforcement of the [Zoning Ordinance] would result in an unnecessary hardship." In exercising it powers to grant a variance, the board of adjustment must make specific findings and show in its minutes that: a. Literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property. b. The situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district. c. The relief sought will not injure the permitted use of adjacent conforming property. d. The granting of the variance will be in harmony with the spirit and purposes of these regulations. OPTIONS FOR BOARD CONSIDERATION The Zoning Board of Adjustment has the following options regarding this application. 1. Approve the variance as presented. This action would allow the garage conversion to remain and require certain modifications to the area in order to comply with life safety and building code standards. 2. Approve the variance with conditions. This action would allow the garage conversion subject to conditions as directed by the Board. 3. Deny the variance. This action would require the space be converted back to a garage. r w U Q VICTORIA �< CYLINDA SUE z w U Q BRILEY Prepared by Planning 6/2/2023 N DISCLAIMER_This product Is for Informational purposes and may not n have been prepared for or be sultabie for legal,engineering,orsurveyingN\ Feet 0 62.5 125 250 375 500 Purposes.It does not represent an on-the-ground survey and represents or the approximate relative location of property boundaries. / I' i I p a, A l III I V/� 2 f r y / J Prepared by Planning 6/2/2023 N DISCLAIMER_This product Is for Informational purposes and may not n have been prepared for or be suitable for legal,engineering,orsurveyingN\ Feet purposes.It does not represent an on-the-ground survey and represents 0 62.5 125 250 375 500 only the approximate relative location of property boundaries. IqRH PUBLIC HEARING NOTICE NORTH KICHLAND HILLS CASE: ZBA23-0008 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a variance from the zoning ordinance as shown on the attached map. APPLICANT Kenneth Kelley LOCATION 4513 Mackey Drive REQUEST Public hearing and consideration of a request from Kenneth Kelley for a variance from Section 118-831 (Minimum parking requirements) of the North Richland Hills zoning ordinance at 4513 Mackey Drive, being 0.303 acres described as Lot 5, Block 9, Skyline Homes Addition. DESCRIPTION Variance from the requirement to provide enclosed covered parking and allow for the converted garage enclosure to remain. PUBLIC HEARING DATES Zoning Board of Adjustment 7:00 PM Thursday, June 22, 2023 MEETING LOCATION City Council Work Room -Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the Zoning Board of Adjustment public hearing. Because changes are made to requests during the public hearing process, you are encouraged to follow the request through to final action by Board. Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP i n ,ups � ✓ I i%/ �'. i i i i � A °I 0 LL u III II f vrrvpw oww '"�� r; w VICTORIA CYLIINDA SUE w Lu Planning and Inspections Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZBA23-0008 HARVEY,EVANGELINE R 4520 REDONDO ST NORTH RICHLAND HILLS,TX 76180 JOBE,BRYAN L 4601 MACKEY DR NORTH RICHLAND HILLS,TX 76180 JOHNSON,VERONICA PO BOX 820214 NORTH RICHLAND HILLS,TX 76182 KRAATZ,STEVEN 6809 BRILEY DR NORTH RICHLAND HILLS,TX 76180 LAMKE,MEGAN 6744 CYLINDA SUE CIR NORTH RICHLAND HILLS,TX 76180 MARQUEZ,JORGE 6771 BRILEY DR NORTH RICHLAND HILLS,TX 76180 MCCANN FREEDOM TRUST 4512 MACKEY DR NORTH RICHLAND HILLS,TX 76180 MEDINA,RUBY 4516 REDONDO ST NORTH RICHLAND HILLS,TX 76180 MEYER BARBARA J REVOCABLE LIVING TRUST 5709 MEADOWS WAY NORTH RICHLAND HILLS,TX 76180 MITCHELL,DOUGLAS 6801 BRILEY DR NORTH RICHLAND HILLS,TX 76180 MORROW,LOUIS 4516 MACKEY DR NORTH RICHLAND HILLS,TX 76180 ONCOR ELECTRIC DELIVERY CO LLC PO BOX 139100 DALLAS,TX 75313 POLLARD,BILLY F 4600 MACKEY DR NORTH RICHLAND HILLS,TX 76180 RHOADES,DONNA L 6916 VICTORIA AVE NORTH RICHLAND HILLS,TX 76180 SAE HOLDINGS LLC 17300 PRESTON RD SUITE 120 DALLAS,TX 75252 SHRIVER,LINDSEY ANN 6815 BRILEY DR NORTH RICHLAND HILLS,TX 76180 TIPPS,TRACYE ARMANDA 6504 WOODCREEK LN NORTH RICHLAND HILLS,TX 76180 TODARO,MICHAEL A 4512 REDONDO ST NORTH RICHLAND HILLS,TX 76180 ZAVALETA,LUIS 6823 BRILEY DR NORTH RICHLAND HILLS,TX 76180 ww w IIIIIIIIIIII� VICTORIA CYLINDA S w O O Z O w Illlllllllwnlll plllw,np000 Prepared by Planning 6/2/2023 N DISCLAIMER_This product Is for Informational purposes and may not n have been prepared for or be sultabie for legal,engineering,orsurveyingN\ Feet 0 30 60 120 180 240 Purposes.It does not represent an on-the-ground survey and represents or the approximate relative location of property boundaries. APPLICATION INFORMATION Zoning Board of Adjustment Case ZBA23-0008 4513 Mackey Drive, North Richland Hills,Texas The following information was submitted with the application on the NRH E-SERVICES PORTAL on May 26,2023. DESCRIPTION Our house located at 4513 Mackey Drive,NRH, TX 76180 burned on Feb 17th,2023. When we bought this house, the main selling point to us was the big living room and fire place. When our builder went to apply for a permit, he was told that the big living room had to be converted back into a garage. 1 reached out to David Pendley, Chief Building Official regarding this situation, where we wanted to repair the living room back in without the fireplace. He emailed back on May 16.2023: It turns out that your house has a number of unique factors. Your house is located within the floodway which makes it impossible to add a detached garage. Staff also could not find any record that the previous owner pulled any permits to convert the garage into a living space. 1 spoke to members of the Planning Department this morning and they have indicated that your're a candidate to obtain a variance from the city's Zoning Board of Adjustments. This will formalize the garage conversion and allow our staff to issue you a permit to repair the damage. 1. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCES BEING REQUESTED. IF NECESSARY, USE A SEPARATE SHEET. As the contractor on this project, 1 am doing this on behalf of the homeowner, at her request, as her husband has been recently hospitalized and we are needing to get started on this project as soon as possible to get them back in their home. Our house located at 4513 Mackey Drive, NRH, TX 76180 burned on Feb 17th, 2023. When we bought this house, the main selling point to us was the big living room and fire place. When our builder went to apply for a permit, he was told that the big living room had to be converted back into a garage. 1 reached out to David Pendley, Chief Building Official regarding this situation, where we wanted to repair the living room back in without the fireplace. He emailed back on May 16.2023: It turns out that your house has a number of unique factors. Your house is located within the floodway which makes it impossible to add a detached garage. Staff also could not find any record that the previous owner pulled any permits to convert the garage into a living space. 1 spoke to members of the Planning Department this morning and they have indicated that your're a candidate to obtain a variance from the city's Zoning Board of Adjustments. This will formalize the garage conversion and allow our staff to issue you a permit to repair the damage. 2. STATE THE GROUNDS FOR THE REQUEST AND DESCRIBE ANY SPECIAL CONDITIONS THAT CAUSE HARDSHIPS THAT,IN YOUR OPINION,JUSTIFY THE VARIANCE(S)BEING REQUESTED.EXAMPLES OF SPECIAL CONDITIONS ARE: TOPOGRAPHY, CREEKS, UTILITY LINES, IRREGULAR LOT OR TRACT SHAPES, ETC. THE ZONING BOARD OF ADJUSTMENT MUST DETERMINE THAT SPECIAL CONDITIONS EXIST BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT SPECIAL CONDITIONS DO NOT EXIST,THE MOTION MUST BE TO DENY THE REQUEST. APPLICATION INFORMATION Zoning Board of Adjustment Case ZBA23-0008 4513 Mackey Drive, North Richland Hills,Texas As the contractor on this project, 1 am doing this on behalf of the homeowner, at her request, as her husband has been recently hospitalized and we are needing to get started on this project as soon as possible to get them back in their home. Our house located at 4513 Mackey Drive, NRH, TX 76180 burned on Feb 17th,2023. When we bought this house, the main selling point to us was the big living room and fire place. When our builder went to apply for a permit, he was told that the big living room had to be converted back into a garage. 1 reached out to David Pendley, Chief Building Official regarding this situation, where we wanted to repair the living room back in without the fireplace. He emailed back on May 16.2023: It turns out that your house has a number of unique factors. Your house is located within the floodway which makes it impossible to add a detached garage. Staff also could not find any record that the previous owner pulled any permits to convert the garage into a living space. 1 spoke to members of the Planning Department this morning and they have indicated that your're a candidate to obtain a variance from the city's Zoning Board of Adjustments. This will formalize the garage conversion and allow our staff to issue you a permit to repair the damage. 3. EXPLAIN ANY SPECIAL CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES: (1) IF THE SUBDIVISION PLAT WAS APPROVED PRIOR TO THE CURRENT ZONING ORDINANCE REQUIREMENTS; OR(2)THE ZONING ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER SUBMITTING AN APPLICATION FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. As the contractor on this project, 1 am doing this on behalf of the homeowner, at her request, as her husband has been recently hospitalized and we are needing to get started on this project as soon as possible to get them back in their home. Our house located at 4513 Mackey Drive, NRH, TX 76180 burned on Feb 17th, 2023. When we bought this house, the main selling point to us was the big living room and fire place. When our builder went to apply for a permit, he was told that the big living room had to be converted back into a garage. 1 reached out to David Pendley, Chief Building Official regarding this situation, where we wanted to repair the living room back in without the fireplace. He emailed back on May 16.2023: It turns out that your house has a number of unique factors. Your house is located within the floodway which makes it impossible to add a detached garage. Staff also could not find any record that the previous owner pulled any permits to convert the garage into a living space. 1 spoke to members of the Planning Department this morning and they have indicated that your're a candidate to obtain a variance from the city's Zoning Board of Adjustments. This will formalize the garage conversion and allow our staff to issue you a permit to repair the damage. City of North Richland Hills Case Number: CESUBSTAND 2023-0253 Code Compliance 4301 City Point Drive North Richland Hills, Texas 76180 March 09, 2023 VERONICA JOHNSON 4513 MACKEY DR NORTH RICHLAND HILLS, TX 76180 RE: Substandard at 4513 MACKEY DR, North Richland Hills, TX 76180 SKYLINE HOMES ADDITION Block 9 Lot 5 Dear VERONICA JOHNSON, The City of North Richland Hills strives to be a community where all residents can enjoy the highest quality of life within safe and attractive neighborhoods. A vital component of achieving this vision is maintaining structures that meet the minimum requirements of our approved building code. During a recent inspection of your neighborhood, I observed conditions on the structure at this location that need immediate attention. The structure at this address was found to be in violation of Chapter 98 of the Code of Ordinances, Section 98-462 which states in part as follows: Correction List: Chap. 98, Art. X, Div. 1, Sect. 98-462 (c)(1)Substandard - Damaged Foundation (c) Structural hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following: (1) Deteriorated or inadequate foundation. Corrective Action: The structure must be repaired. Chap. 98, Art. X, Div. 1, Sect. 98-462 (e) Substandard - Hazardous Electrical (e) Hazardous electrical wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. Corrective Action: The structure must be repaired. Chap. 98, Art. X, Div. 1, Sect. 98-462 (f)Substandard - Hazardou Plumbing (f) Hazardous plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not free of cross connections or siphonage between fixtures shall be considered substandard. Corrective Action: The structure must be repaired. Chap. 98, Art. X, Div. 1, Sect. 98-462 (a) Substandard (a) Generally. Any building or portion thereof which is determined to be an unsafe building under the building code; or any building or portion thereof, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced herein shall be deemed and hereby are declared to be substandard buildings. Corrective Action: The structure must be repaired. Chap. 98, Art. X, Div. 1, Sect. 98-462 (h)(4) Substandard - Damaged wall/wall covering/roof (h) Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, the following: (4) Broken, rotted, missing, split or buckled exterior walls or wall coverings or roof coverings. Corrective Action: The structure must be repaired. City of North Richland Hills Case Number: CESUBSTAND 2023-0253 Code Compliance 4301 City Point Drive North Richland Hills, Texas 76180 Chap. 98, Art. X, Div. 1, Sect. 98-462 (h)(1) Substandard - Damaged Plaster (h) Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, the following: (1) Deteriorated, crumbling or loose plaster. Corrective Action: The structure must be repaired. Chap. 98, Art. X, Div. 1, Sect. 98-462 (h)(3) Substandard - Damaged Weather Protection/Painting (h) Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, the following: (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. Corrective Action: The structure must be repaired. Chap. 98, Art. X, Div. 1, Sect. 98-462 (h)(2) Substandard - Ineffective Waterproofing; Damaged Windows/Doors (h) Faulty weather protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, the following: (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. Corrective Action: The structure must be repaired. Chap. 98, Art. X, Div. 1, Sect. 98-462 (g) Substandard - Hazardous Mechanical (g) Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard. Corrective Action: The structure must be repaired. Chap. 98, Art. X, Div. 1, Sect. 98-462 (c)(3)Substandard - Insufficient Floor (c) Structural hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include, but not be limited to, the following: (3) Flooring or floor supports of insufficient size to carry imposed load with safety. Corrective Action: The structure must be repaired. Please contact Lead Code Enforcement Officer Rayneice Horne at 817-427-6664 or by email at crhorne@nrhtx.com on or before 04/10/2023 to discuss your timeline for bringing your property into compliance with this code. The goal of the Code Compliance Division is to encourage voluntary compliance and to work out a schedule for correction that is both feasible for the property owner and considerate of the surrounding community. Should voluntary compliance prove ineffective or impossible, however, a property owner may be subject to a citation or other action by the City of North Richland Hills. We look forward to hearing from you and thank you in advance for your cooperation. By working together we will continue to make sure North Richland Hills is a place we are all proud to call home. Respectfully, Rayneice Horne Lead Code Enforcement Officer From: To: Kenneth Kmliey Cc' Veronica Johunsoo Subject' RE: Please, need guidance! Date: Friday,June z' zuz3o:su:uzAM If you'll provide staff a construction plan showing the garage being restored back to a garage, then vve can issue a permit while you're waiting your meeting. Otherwise, you'll need to wait until you learn the results ofthe hearing. Please keep in mind on the off chance the variance is not approved, you'll still need to put the garage back in service. DGVid ::3. ��'8M&�8y AUP.CBO, LEEDGreenAmmodate ChWBWdhnQOfflc4 C�lyofNodhRkhbnd H�Um 817427-8300 Texas nmpmclor�-282O From: Kenneth Kelley Sent: Friday, June 2, 20238:35 AM To: Clayton Husband Cc: Veronica Johnson; Dave Pend|ey Subject: Fvvd: Please, need guidance! Good morning, we have applied for the variance (May 26th), as instructed (we did on behalf of Mrs. Johnson, per her request asyou see her husband's health issue below), and we know it is process, but we are wondering what the next step and time frame is on this application. They only have a specific amount of time that the insurance company is allowing them to be in their temporary housing(funds will run out) 8 months total and they've already been out 3.5 months. This project once permit is issued, will take about 3 months, depending on material shortages, so we'd like to get started as soon as possible. Please confirm receipt of this email. Thank you for your time on this matter, Kenneth Kelley Kelley Home Services LL[ 469.446.1034 ---------- Forwarded message --------- From: Veronica Johnson Date: Mon, May 22, 2023 at 12:41 PM Subject: Fwd: Please, need guidance! To: Hordge Curtis; Kelley Kenneth Please see previous email from David Pendley. I will try to apply for the variance hopefully tomorrow. Scott came to the ER late yesterday and got admitted. Thank you both and God bless!! Sent from my Whone Begin forwarded message: From: Dave Pendley Date: May 22, 2023 at 10:50:13 AM CDT To: Subject: RE: Please, need guidance! I'm sorry. Apparently, you did not receive the attached email sent on May 16th. My apologies. In short, I spoke to our Planning Department and they have indicated that you're a candidate to obtain a variance from the city's Zoning Board of Adjustments. This will formalize the garage conversion and allow our staff to issue you a permit to repair the house. You can apply for a variance on-line at: LIIps-.//selfservice.nrhtx.com/EnerGov,,,,,Prod/Self ervice /home Please contact Clayton Husband at 817-427-6307 if you have further question regarding the variance. Sincerely, DaAd 3 I:"en&ey AUK" CI y), ! Gi-eei Assodale ChW ��'�Wdhig Off'!r;4 Cnly of INoidh° yic hbi d L Illls 81 r"..42/6300 Lsxas igoxc loi 12820 From: Veronica Johnson Sent: Monday, May 22, 2023 9:46 AM To: Dave Pendley Subject: Please, need guidance! Good morning! My husband and I have been wondering if you could provide an update of where our situation is at. Our house, located at 4513 Mackey Drive, NRH, TX 76180, burned on Feb 17. 1 believe we bought it back on August 7th, 2012. 1 am still trying to locate the contract that we signed to confirm the date. Anyway, when we bought this house, the main selling point was the big living room and fireplace. When our builder went to obtain a permit to rebuild, he was told that that room, was initially a garage and that we would need to have it built back in as a garage. I believe when my husband and I spoke with you about 2 weeks ago, you mention that there was a way to try to work around this situation, because we want to rebuild the living minus the fireplace. Would you be able again give us guidance on where we can sta rt? I apologize for my phone calls. I feel like we are running out of time on our temporary house (8 month) lease. Anything that you can do to give us guidance will be greatly appreciated. I can be reached at 817-875-5684 orthru this email address: Thank you and God bless! 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