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HomeMy WebLinkAboutZBA 2000-06-15 Minutes MINUTES OF THE PRE-SESSION MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH LAND HillS, TEXAS June 15, 2000 1. CAll TO ORDER The meeting was called to order by Dr. Tom Duer at 6:30 p.m. 2. ROll CAll Present Chairman Dr. Tom Duer Bill Schopper Leslie Jauregui Kyle Bacon Absent Jim McCain Dr. Rick Enlow Paul Young City Staff Planner Recording See's Adam Miles Katy Savoie Staff presented a brief summary of the following case. BA-2000-25 Public Hearing to consider the request of Larry and Annie Gardner for variance to the North Richland Hills Zoning Ordinace, No. 1874: Article six, Section 630, Accessory Structures and Buildings for construction of a carport at 5719 Westchase Dr. (being LotR18A, Block 34, Section "A", Holiday West Addition). The Board, after a few brief questions, closed the Pre-Session Meeting and retired to the City Council Chambers to begin the Regular Meeting. ZBA Minutes February 17, 2000 . _1______________ ~ .. . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JUNE 15, 2000 7:00PM 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 Leslie Jauregui Kyle Bacon Absent Jim McCain Dr. Rick Enlow City Staff Planner Recording Secretary Adam Miles Katy Savoie 3. CONSIDERATION OF MINUTES OF MARCH 30, 2000 Tabled Leslie Jauregui, moved to table approval of the March 16th and 30th minutes until the next regularly scheduled meeting. Seconded by Mr. Schopper, 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. Mr. Larry Gardner agreed to proceed. Z8A Minutes June 15, 2000 1 · ~ ..... .--------- 4. BA-2000-05 PUBLIC HEARING TO CONSIDER .THE REQUEST OF LARRY & ANNIE GARDNER FOR A VARIANCE TO THE NORTH RICHLAND HILLS ZONING ORDINANCE, NO. 1874: ARTICLE SIX, SECTION 630, ACCESSORY STRUCTURES AND BUILDINGS FOR CONSTRUCTION OF A CARPORT AT 5719 WESTCHASE DR. (BEING LOT R18A, BLK 34, SECTION "A", HOLIDAY WEST ADDITION). APPROVED WITHOUT VARIANCE TO MASONRY REQUIREMENTS Mr. Gardner is requesting a variance to allow the carport to encroach 5'- 4" into the six -foot side setback. If approved it would allow the carport to be eight (8) inches from the side property line. Mr. Gardner also has requested a variance from the masonry requirement of 75% to allow 100% metal poles rather than constructing masonry support columns. Adam Miles, Planner, gave a brief summary of the variance being requested Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Larry Gardner 5719 Westchase, explained that other neighbors on the street have carports, He distributed pictures for members to review, that show 8 carports in the 5700 Block of Westchase which are 1 foot or less from the side property line, they do not have masonry support columns. Mr. Gardner also stated that neighbor at 5725 Westchase recently obtained a variance and built a carport similar to the proposed carport, and his is 6" from the side property line, also that is about 10 feet longer than the proposed carport. There were no other speaking for or against the request. Chairman Duer closed public hearing and opened for board discussion Mr. Schopper discussed the pitch of the roof. It was determined that the Building Official had already approved the proposed pitch of the roof. Ms. Jauregui discussed the masonry requirements. Ms. Leslie Jauregui moved for approval of the variance to Section 630.D.4 Side Building Line Setback for Carport, to allow the carport to encroach 5'- 4" into the six-foot side setback, without the variance to the 75% masonry requirement. Mr. Schopper seconded, the motion carried by a vote 4-0. Z8A Minutes June 15, 2000 2 . _..... ............ __'~'h~__ ....-- -"-._-- -...--- .-----.-----------.-..----:..--:...-- 4. CITIZEN COMMENTS There was none 5. Miscellaneous Reports and Discussions There were none 6 ADJOURMENT Having no additional business to conduct the meeting adjourned at 7:20 p.m. Chairman Tom Duer Z8A Minutes June 15, 2000 3 . - --------------------. 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 neig hborhood. 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. Z8A Minutes June 15, 2000 4 - ------.-----------..------.-- l8A Minutes June 15, 2000 5 . - ^ -. ..~.. "~'^-~,_...^.---'._. ._.",---~^~...--..._._...,.,_.,.~._~-------~~ . .. .. - ..----------.-- 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 LOCA TED 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. Z8A Minutes June 15, 2000 6 ~_.._---------- 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 630.0, 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. l8A Minutes June 15, 2000 7 ---.----.----------. 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. l8A Minutes June 15, 2000 8 --- -.-- -.-------. 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. 7~ ¿;~ Chairman Dr. Tom Duer l8A Minutes June 15, 2000 9