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HomeMy WebLinkAboutZBA 2000-01-20 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 20, 2000 - 7:00 PM 1. CALL TO ORDER The meeting was called to order by Dr. Tom Duer at 7:05 p.m. 2. ROLL CALL Present Chairman Dr. Tom Duer Bill Schopper Dr. Rick Enlow Leslie Jauregui Kyle Bacon Jim McCain Paul Young Absent City Staff Planning Director Administrative Clerk City Attorney Marcy Ratcliff Mary Hennessee Rex McEntire 3. CONSIDERATION OF MINUTES OF DECEMBER 16, 1999 APPROVED Leslie Jauregui, seconded by Kyle Bacon, moved to approve the minutes of the December 16, 1999 Meeting. The motion carried unanimously. Chairman Duer explained that this Board consists of five voting members and it requires four affirmative votes in order for a variance to pass. Due to death in the family of Mr. Roy Botts, the Board agreed to hear his case first. ZBA Minutes January 20, 2000 1 4. BA 99-25 PUBLIC HEARING TO CONSIDER THE REQUEST OF ROY BOTTS FOR A VARIANCE FROM ARTICLE 6, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 690, SIDEWALKS ON LOT 15, BLOCK 5, SUNNY MEADOW ADDITION. THE PROPERTY IS LOCATED AT 6220 NEWMAN DRIVE. APPROVED Mr. Botts is proposing to construct a new house on a vacant corner lot in a subdivision that was originally platted in 1957. Sunny Meadow Addition is zoned R-3 Single Family District. Article 6, Section 690, requires sidewalks on all public streets in all districts except for Agricultural District. Mr. Botts is requesting to not put in the required sidewalks on Lot 15. Staff recommended the Zoning Board of Adjustment approve the request as submitted by Mr. Botts to the City of North Richland Hills Zoning Ordinance No. 1874, Article 6, Supplementary District Regulations, Section 690, Sidewalks for property addressed as 6220 Newman Drive and known as Lot 15, Block 5, Sunny Meadow Addition. 1. Section 690 - Sidewalks - Sidewalks shall be required on all public streets in all districts, with the exception of Agricultural District. The requested variance is to not require any sidewalks with the construction of the new home. If approved it would allow the construction of a new home with no sidewalks. Staff found special conditions exist on this request. The subdivision when originally developed in 1957 did not require the construction of sidewalks. Only 13 of the 48 lots within the subdivision have sidewalks. The applicant is redeveloping a lot that has been vacant for several years. Dr. Duer opened the floor for discussion Roy Botts stated only one house on Newman had sidewalks and none on Gayle. The subdivision being platted in 1957 it was the discretion of the owner to put in sidewalks. Leslie Jauregui ask if his house would face Newman or Gayle and Mr. Botts stated he had not decided as yet as they are working on drainage issues. The Board had received two responses from neighbors, Debra Childress and Randy Spires approving of the variance. ZBA Minutes January 20, 2000 2 Dr. Duer ask if there was anyone else for or against this case. Hearing none the public hearing was closed and open for board discussion. Bill Schopper, seconded by Leslie Jauregui, moved to approve the variance to Artivcle 6, Section 690, Sidewalks. To not require construction of sidewalks with the construction of a new house at 6220 Newman Drive, platted as Lot 15, Block 5, Sunny Meadow Addition. The motion carried by a vote of 5-0. 5. BA 99-24 PUBLIC HEARING TO CONSIDER THE REQUEST OF TEXAS STAR BUILDERS, INC. FOR VARIANCE TO SECTIONS 140.A AND 630.E.3 OF THE ZONING ORDINANCE TO ALLOW A CARPORT TO ENCROACH INTO THE REQUIRED FRONT BUILDING LINE ON LOT 12, BLOCK 16, NORTH RICHLAND HILLS ADDITION. THE PROPERTY IS LOCATED AT 4720 VANCE ROAD. APPROVED Mr. Bill Martin of Texas Star Builders was issued a building permit on October 27,1999, to construct a carport at 4720 Vance Road. At the time of issuance, the carport was in compliance with design requirements including slope of roof and masonry columns, and also with the 25-foot front building line required in the zoning district. As the project neared completion, Code Enforcement discovered that the original plat, approved in 1953, requires a 35-foot building line. As a result, the partially completed carport, which was believed to be behind the required front building line by five feet, actually encroaches the platted building line by five feet. The permit was originally issued based on a survey provided by the applicant dated June 29, 1992, showing a 25-foot front building line. The 25-foot front building line is also consistent with the requirement of the zoning district. Further confusing the matter, the 1953 plat shows a 25-foot building line for the adjacent property to the north. Staff recommended the Zoning Board of Adjustment approve the request as submitted by Texas Star Builders for a variance to the City of North Richland Hills Zoning Ordinance No. 1874, Section 630.D.3, Accessory Buildings and Structures, for property addressed as 4720 Vance Road and legally platted as Lot 12, Block 16, North Richland Hills Addition. ZBA Minutes January 20, 2000 3 2. Section 630.D.3 - Carport Reaulations - Front BuildinQ Line - A carport shall not extend beyond the front building line. The platted front building line is 35 feet (see Section 140.A). The requested variance is to allow the carport to encroach five feet into the required 35-foot front building line as specified on the plat approved in 1953. Staff found the following special conditions: The carport was lawfully constructed with a building permit issued by the Inspections Department. The structure meets the spirit of the new carport regulations, with the roof constructed as part of the primary structure and masonry columns to be provided. Dr. Duer opened the floor for discussion. Rhonda Bannister, 4720 Vance, stated the inspection on the piers was approved and they were constructing the carport according to the survey and had no knowledge of the 35' setback. Rick Vinson, 4720 Deville, stated he believed it would be in the spirit of the neighborhood to approve the variance. Fred Buzon, 4716 Vance, stated the applicant had everything in order and the addition of the carport would upgrade the home and be an asset to the neighborhood. Kyle Bacon, seconded by Rick Enlow, moved to approve the variance to Sections 140.A and 630.E.3 of the Zoning Ordinance to allow a carport to encroach into the required front building line on Lot 12, Block 16, North Richland Hills Addition. The property is located at 4720 Vance Road. The motion carried by a vote of 5-0. ZBA Minutes January 20, 2000 4 6. BA 99-26 PUBLIC HEARING TO CONSIDER THE REQUEST OF KENT DAVIS FOR MR. ALAN RILEY FOR VARIANCES TO ARTICLE 6, SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 630.D, CARPORTS REGULATIONS ON LOT 58R, BLOCK 1, MEADOW LAKES ADDITION. THE PROPERTY IS LOCATED AT 6253 MEADOW LAKES DRIVE. DENIED Marcy Ratcliff stated that there had been an error and the correct address was 6235 Meadow Lakes Drive and not 6523 as stated on the application. Mr. Davis has submitted an application for the construction of a carport containing 2,000 square feet, a height of 26 feet and with a roof pitch of 6 feet to 12 feet (6:12). The property is zoned R-1 Single Family Residential. The proposed carport has the required masonry support columns. A similar request (BA 99-07) was heard on this same property on June 17, 1999 for a 2,000 square foot garage. The request was denied. According to Article 2, Amendments, Board of Adjustment and Enforcement, Section 210.P, Denial of Request: No appeal or application that has been denied shall be further considered by the Board unless the Board affirmatively finds: 1. That new plans materially change the nature of the request, or 2. The permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support allegation of changed conditions. Staff is of the opinion the new plans do not materially change the nature of the request. The location of the garage and the carport are the same and the size of the structure is the same. Nor has the permitted development of other nearby property been substantially altered or changed by a ruling of the Board. The Board must first find that either item #1 or #2 above is true before the variance requests can be considered. If the Board can not affirmatively find for either item #1 or #2 above then the requested variances can not be considered. Rex McEntire states the board should go ahead with the hearing and determine if there was just cause for the variance and then make ruling. Staff could not affirmatively find for either item # 1 or #2 and recommended the Board not consider the requested variances. ZBA Minutes January 20, 2000 5 Staff recommended the Zoning Board of Adjustment deny the requests as submitted by Mr. Davis to the City of North Richland Hills Zoning Ordinance No. 1874, Article 6, Supplementary District Regulation Section 630.D, Permanent Accessory & Structure Regulations for Carports for property addressed as 6523 Meadow Lakes Drive and platted as Lot 58R, Block 1, Meadow Lakes Addition. 1. Section 630.D.6. - Carport Maximum Heiaht - 15 feet The requested variance is to allow the carport to exceed the maximum height by 12 feet. If approved it would allow the accessory carport to have a maximum height of 26 feet. 2. Section 630D.7. - Carport Maximum Size - 360 square feet The requested variance is to allow the carport to exceed the maximum square footage by 1,640 square feet. If approved it would allow the carport to have a maximum size of 2,000 square feet. 3. Section 630.D.13.a. - Carport Desian Criteria - The pitch of the roof shall be a minimum of 4 vertical feet to 12 horizontal feet on each side of the ridge. This variance request is not necessary. The Zoning Ordinance was amended on November 22, 1999 to require a minimum roof pitch of 4: 12. Prior to November 22, 1999 the roof pitch was required to match the pitch of the primary structure. Staff did not find any special conditions exist on this request. The proposed carport exceeds the maximum height and size of permitted accessory carports. The property is zoned R-1, Single Family Residential. The minimum dwelling unit size for a lot platted prior to 1998 is 2,000 square feet and 1998 and after is 2,300 square feet. Carports and garages are allowed as accessory uses. The proposed 2,000 square foot carport will not appear to be an accessory building but almost a principal structure. Dr. Duer opened the floor for discussion. Jeff Heffelfinger, Southwest Architects Inc. Team Design, stated they had changed the composition and pitch of roof from the original plans. He stated at the time the owner had purchased the property, the regulations had been the accessory building could not exceed 1/3 of the rear lot area. He purchased a Zoning Regulations guide in January and submitted the plans according to the regulations stated, but later found out the regulations had been changed in February where an accessory building or structure could not exceed 500 square feet with maximum height of 15 feet. ZBA Minutes January 20, 2000 6 Kent Davis, 6817 Nob Hill Drive, representing the applicant stated his client had purchased two lots, and replatted into one lot in order to build a pool and an accessory building which would conform to code at that time. The regulations have changed since his purchase. Dr. Duer ask if anyone else was in favor for the variance. Hearing none, he ask if anyone was against. Vicki Brown, 5032 Ridgeview, has fence adjoining the applicants property and the RV is extremely visible from her property over the 8' fence. She has concerns with property value deteriorating. She had moved into the neighborhood based on the deed restrictions protecting their property. She felt the applicant had not shown a hardship the Board could use to grant the approval of the variance. She presented the Board with pictures and a petition from the neighbors for denial of the variance. Dr. Duer ask her if the structure was built as garage with walls and doors would she approve - she stated she did not feel she had the right to deny anyone the right to approve their property if they met the Zoning Ordinance requirements. Rhonda Brown, 4900 Pebble Court, President of the Meadow Lakes Homeowners Association stated she had received 25 calls from neighbors since Monday concerned with the possibility of the proposed structure being built. She stated it would be highly visible and detract from the neighborhood. Dr. Duer ask if anyone else was against the variance. Hearing none the public hearing was closed and open for board discussion or motion. Dr. Rick Enlow stated there was not a provision in the Zoning Regulations that adequately address detached garages to be large enough to contain an recreational vehicle and possibly the applicant should consider going to the City Council requesting ordinance amendment. Dr. Duer asked Mrs. Rhonda Brown if walls, lower pitch in roof, garage doors were built would the homeowners approve. Rex McEntire stated that was not a part of the application and that the homeowners should be notified of such changes and let them speak for themselves and not ask for opinions. Kent Davis stated they were prepared to take the case to the District Court. They were willing to compromise with the City and homeowners. ZBA Minutes January 20, 2000 7 Bill Schopper stated that the current amendment change on size, height of accessory buildings says the City Council does not want this type of construction. Rick Enlow suggested that since the Council had not adequately addressed the issue the neighbors should be notified and the applicant reapply for variance. Leslie Jauregui moved the case be denied since the new plans did not materially change the nature of the request. The motion failed for lack of a second. Marcy Ratcliff stated the Board must affirmatively find either #1 or #2 condition had been met. Rick Enlow, seconded by Kyle Bacon, moved to deny the variance. New plans submitted with the application materially changed the nature of the request. Motion carried by 4-1. Bill Schopper, seconded by Leslie Jauregui, moved the applicamt showed no hardship and to deny the variances to Article 6, Supplementary District Regulations, Section 630.D, Carport Maximum Height and Section 630D.7, Carport Maximum Size on Lot 58R, Block 1, Meadow Lakes Addition. The property is located at 6253 Meadow Lakes Drive. Motion carried by 4-1. 6 CITIZEN COMMENTS There were none. 7. MISCELLANEOUS REPORTS & DISCUSSION There was nothing to report. 8. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:40 p.m. ? .j~ Chairma~Duer ZBA Minutes January 20, 2000 8