HomeMy WebLinkAboutZBA 2023-11-14 Agendas t4RH
NOKTH KICH�AND HILL
CITY OF NORTH RICHLAND HILLS
ZONING BOARD OF ADJUSTMENT AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
TUESDAY, NOVEMBER 14, 2023
REGULAR MEETING: 6:00 PM
Held in the Council Workroom
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 July 27, 2023, Zoning oard of Adjustment
Meeting.
C. GENERAL ITEMS
C.1 Z A 3-0010 Public hearing and consideration of a request from
Kimberly Post for a variance from Section 118-313 (Lot and area
requirements) of the North Richland Hills zoning ordinance at 817
Hallmark Drjye, being 0. acres described as Lot 4, Block 4,
Thornbrige ast Addition.
D. ADJOURNMENT
Tuesday, November 14, 2023 Zoning Board of Adjustment Agenda
Page 1 of 2
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills
City Council was posted at City Hall, City of North Richland Hills, Texas in
compliance with Chapter 551 , Texas Government Code on Friday, November
10, 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.
Tuesday, November 14, 2023 Zoning Board of Adjustment Agenda
Page 2 of 2
"K
NOKTH KICHLAND HILLS
ZONING BOARD OF ADJUSTMENT MEMORANDUM
FROM: Planning & Zoning Department DATE: November 14, 2023
SUBJECT: Approve minutes of the July 27, 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 July 27, 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
J U LY 27, 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 27th day of June 2023 at 6.30 p.m., prior to the 7.00 p.m. regular
Zoning Board of Adjustment meeting in the City Council Workroom.
Present: Steve Koons Vice Chair, Place 4
Jim Kemp Place 1
Bill Gibbs Place 6
Doris Elston Place 7
Absent: Thomas Duer Chair, Place 5
Staff Members: Clayton Comstock Planning Director
Clayton Husband Principal Planner
Emily Marlow Planning Technician
Vice Chair Koons called the work session to order at 6.31 p.m.
1 ELECTION OF OFFICERS
Vice Chair Koons stated the election of officers would be postponed to a future
meeting where the all the Board members could be present.
2 PLANNING DIRECTOR REPORT
Principal Planner Clayton Husband presented the city announcements.
3 DISCUSS ITEMS FROM THE REGULAR ZONING BOARD OF
ADJUSTMENT MEETING.
Principal Planner Clayton Husband discussed the item on the regular meeting
agenda.
July 27, 2023
Zoning Board of Adjustment Meeting Minutes
Page 1 of 4
Vice Chair Koons adjourned the work session at 6.41 p.m.
REGULAR MEETING: 7:00 PM
A. CALL TO ORDER
Vice Chair Koons called the meeting to order at 7.00 p.m.
Present: Steve Koons Vice Chair, Place 4
Jim Kemp Place 1
Bill Gibbs Place 6
Doris Elston Place 7
Absent: Thomas Duer Chair, Place 5
Staff Members: Clayton Comstock Planning Director
Clayton Husband Principal Planner
Emily Marlow Planning Technician
A.1 PLEDGE
Vice Chair Koons led the Pledge of Allegiance to the United States flag.
A.2 PUBLIC COMMENTS
There were no requests to speak from the public.
B. MINUTES
B.1 APPROVE MINUTES OF THE SEPTEMBER 22, 2022, ZONING BOARD OF
ADJUSTMENT MEETING.
APPROVED
A MOTION WAS MADE BY BOARD MEMBER KEMP, SECONDED BY BOARD
MEMBER ELSTON, TO APPROVE THE MINUTES FROM THE SEPTEMBER 22,
2022, ZONING BOARD OF ADJUSTMENT MEETING.
MOTION TO APPROVE CARRIED 4-0.
July 27, 2023
Zoning Board of Adjustment Meeting Minutes
Page 2 of 4
B.2 APPROVE MINUTES OF THE JUNE 22, 2023, ZONING BOARD OF
ADJUSTMENT MEETING.
APPROVED
A MOTION WAS MADE BY BOARD MEMBER KEMP, SECONDED BY BOARD
MEMBER ELSTON, TO APPROVE THE MINUTES FROM THE JUNE 22, 2023,
ZONING BOARD OF ADJUSTMENT MEETING.
MOTION TO APPROVE CARRIED 4-0.
C. GENERAL ITEMS
CA ZBA23-0009 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM LAURALEE CHITTY FOR A VARIANCE FROM SECTION 118-831
(MINIMUM PARKING REQUIREMENTS) OF THE NORTH RICHLAND
HILLS ZONING ORDINANCE AT 6400 DORCHESTER TRAIL, BEING 0.163
ACRES DESCRIBED AS LOT 8, BLOCK 18, NORTH PARK ESTATES.
APPROVED
Vice Chair Koons read the rules and regulations of the Zoning Board of Adjustment.
Vice Chair Koons opened the public hearing and called for Principal Planner Clayton
Husband to introduce the request. Mr. Husband introduced the request.
Vice Chair Koons called for the applicant to present the request and be sworn in
prior to speaking.
Lauralee Chitty, 9009 Ridge Court, Cleburne, Texas, was sworn in by Vice Chair
Koons and presented the request. She stated that she is a real estate agent who is
representing the owner of the property's daughter, who has power of attorney over
her mother. The subject property is for sale and the nonconformity was found when
Ms. Chitty sought a retroactive permit for the garage conversion. Ms. Chitty stated
that a detached garage could not be built on the property due to the location of the air
conditioning unit and the narrow space between the house and the side property
lines. Ms. Chitty also stated that the current owner of the property lives in an assisted
living facility and her daughter lives in Alaska, and this contributes to the hardship
associated with the request.
Board Member Gibbs and Ms. Chitty discussed reasons for not converting the space
back into a garage.
July 27, 2023
Zoning Board of Adjustment Meeting Minutes
Page 3 of 4
Bryan Davis, 12443 Latigo Drive, Frisco, Texas, came forward to speak. Mr. Davis
stated that he is a real estate agent representing the buyer of the subject property.
He discussed the rising costs of purchasing a home and the way that the layout and
price of the subject home suited his client. He stated that the buyer and seller are
working together and are ready to complete the sale. Mr. Davis also discussed how
the property was not suited for a detached garage and how the current driveway
provided an appropriate amount of parking.
Board Member Gibbs and Mr. Davis discussed his client's plans to upgrade the
landscaping of the property.
Vice Chair Koons called for Principal Planner Clayton Husband to present the staff
report. Mr. Husband presented the staff report.
Board Member Kemp and Mr. Husband discussed how a detached garage would
affect open space in the rear yard.
Vice Chair Koons called for anyone wishing to speak for or against the request to
come forward. There being no one else wishing to speak, Vice Chair Koons closed
the public hearing.
A MOTION WAS MADE BY BOARD MEMBER KEMP, SECONDED BY BOARD
MEMBER ELSTON, TO APPROVE ZBA23-0009.
THE MOTION CARRIED 4-0.
D. ADJOURNMENT
Vice Chair Koons adjourned the meeting at 7.20 p.m.
Steve Koons, Vice Chair
Clayton Husband, Secretary
July 27, 2023
Zoning Board of Adjustment Meeting Minutes
Page 4 of 4
"K
NOKTH KICHLAND HILLS
ZONING BOARD OF ADJUSTMENT MEMORANDUM
FROM: Planning & Zoning Department DATE: November 14, 2023
SUBJECT: ZBA23-0010 Public hearing and consideration of a request from
Kimberly Post for a variance from Section 118-313 (Lot and area
requirements) of the North Richland Hills zoning ordinance at 8217
Hallmark Drive, being 0.22 acres described as Lot 4, Block 4,
Thornbridge East Addition.
PRESENTER: Clayton Husband, Principal Planner
SUMMARY
Kimberly Post is requesting approval of a variance to the lot and area requirements to
allow a covered patio to encroach the 10-foot rear building line and provide less than 20%
rear yard open space on a residential lot located at 8217 Hallmark Drive.
BACKGROUND INFORMATION
The property under consideration is a 9,600-square-foot property located in the
Thornbridge East subdivision. The lot is on the west side of Hallmark Drive between
Edgemont Drive and Thornridge Drive and abuts JB Sandlin Park and the John Barfield
Trail on the rear. The house was constructed in 1999 and has approximately 2,675 square
feet of living area. The owner proposes to construct a 400-square-foot covered patio
addition extending from the rear of the house.
On September 13, 2023, the owner's contractor applied
for a building permit to construct the covered patio.
During the review of the application, it was noted that
the proposed addition did not comply with two zoning
standards: 1) the location of the covered patio -
encroached into the 10-foot rear building line, and 2)the
addition reduced the rear yard open space to less than
20% as required by the zoning ordinance. The applicant
was advised that the design must be adjusted to comply
with these standards. Rather than adjust the design, the
applicant has submitted an application for variance.
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The variance application and supporting materials are
attached. The materials include a copy of the
application explaining the reasoning for the variance
request, a survey of the lot, and plans showing the
proposed improvements to the property. An analysis of
the request and relevant codes is below.
"K
NOKTH KICHLAND HILLS
ANALYSIS
The applicant proposes to construct a 400-square-foot attached covered patio on the rear
of the house. The property is zoned R-2 (Single-Family Residential). The lot in question
complies with the dimensional standards for the district, and is 80 feet wide, 120 feet
deep, and 9,600 square feet in area.
The variance request is related to two standards contained in .Sect.ii, ,ir......,....j 1.,8 ..'J1 . of the
zoning ordinance as it applies to the R-2 (Single-Family Residential) district: the rear
building line and the rear yard open space requirement. Each standard is discussed
below.
Rear building line
The rear building line establishes a minimum distance from the rear lot line over which a
building or structure is not permitted to extend. All single-family residential zoning districts
require a rear building line of 10 feet.
The proposed patio cover is 17 feet wide and 24 feet deep. Due to its depth, the proposed
covered patio encroaches the 10-foot rear building line by two feet. If constructed at this
location, the effective rear building line would be eight (8) feet. The exhibit below shows
the proposed location of the covered patio and the required 10-foot building rear line.
fI ocatloin of proposed
covered paflo
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"K
NOKTH KICHLAND HILLS
Rear yard open space
The rear yard open space standards require that every lot provide open space in the rear
yard area. The rear yard open space area is defined as-
...an area reserved as an open space in the rear portion of a yard which extends from one
side property line to another side property line and abutting the rear property line. The
rear yard open space shall not protrude beyond the two most extreme corners of the main
structure and no part of a residential dwelling unit may be constructed so as to occupy
any portion of the rear yard open space.
To assist in the interpretation and application of the 20% rear yard open space standard,
Article IX of the zoning ordinance (illustrations) provides the following exhibits:
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The purpose of the rear yard open space is to provide areas for other improvements on
the property, such as swimming pools, accessory buildings, play equipment, and similar
features. Construction of these features do not count against the required open space.
However, since the 400-square-foot unenclosed patio is attached to the house, it is
considered an addition to the main structure and affects the rear yard open space
requirement.
Based on the lot size of 9,600 square feet, at least 1,920 square feet of open space must
be provided in the rear yard. As originally developed, the lot provides 1,882 square feet
(19.6% of the lot area). The owner is requesting a variance to reduce the rear yard open
space to 1,456 square feet (15.2% of the lot area). The exhibits below compare the
existing and proposed rear yard open space percentage.
"K
NOKTH KICHLAND HILLS
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LOT AREA LOT AREA.
9,600 SF 9,600 SF
REAR YARD OPEN SPACE REAR YARD OPEN 'SPACE'
Required: 1,920 SF Required: 1,920 SF
Existing: 1,882 SF(19.6% Proposed: 1,456(15.2%)
FINDINGS FOR VARIANCE APPROVAL
Section ,11,11,E , , „Q, ,,�, 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.
"K
NOKTH KICHLAND HILLS
OPTIONS FOR BOARD CONSIDERATION
The Zoning Board of Adjustment has the following options on this application.
1. Approve the variance as presented. This action would allow the covered patio to
be constructed in the proposed location.
2. Approve the variance with conditions. This action would allow the property to
provide less than 20% rear yard open space and/or the covered patio to encroach
the rear building line, subject to the owner making modifications to its size, location,
or design as directed by the Board.
3. Deny the variance. This action would require the covered patio to comply with the
rear building line and require the property to provide the required 20% rear yard
open space.
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" RH PUBLIC HEARING NOTICE
NORTH RICHLAND HILLS CASE: ZBA23-0010
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 Kimberly Post
LOCATION 8217 Hallmark Drive
REQUEST Public hearing and consideration of a request from Kimberly Post for a variance
from Section 118-313 (Lot and area requirements) of the North Richland Hills
zoning ordinance at 8217 Hallmark Drive, being 0.22 acres described as Lot 4,
Block 4, Thornbridge East Addition.
DESCRIPTION Proposed construction of a covered patio with variances from: a) the 10-foot rear
building setback to allow the covered patio to be constructed eight (8) feet from
the rear property line, and b) the 20% rear yard open space requirement to reduce
the required open space from 1,920 SF (20%) to 1,456 SF (15%).
PUBLIC HEARING DATES Zoning Board of Adjustment
6:00 PM Tuesday, November 14, 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
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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
ZBA23-0010
ADAMS ANDREW AND EVELYN TRUST 8217 FENWICK DR NORTH RICHLAND HILLS,TX 76182
ADJEI,KWAME 8221 FENWICK DR NORTH RICHLAND HILLS,TX 76182
ANDOTRA,GAUTAM 8204 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
BRIERE,THOMAS A 8229 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
CHEESE,DAVID ROBERT 8205 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
COMPTON,RANDY 8209 FENWICK DR NORTH RICHLAND HILLS,TX 76182
DONEY,THOMAS P 8212 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
EDGHILL,MATTHEW 8213 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
FAWKS,HARVEYT 8224 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
FICKEN,MAX E 8216 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
GEORGE,JESS B 8213 FENWICK DR NORTH RICHLAND HILLS,TX 76182
HANSEN,JOHN 8208 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
JIM AND ANN NGUYEN REVOCABLE TRUST 8225 FENWICK DR NORTH RICHLAND HILLS,TX 76182
MCNAMARA,DEBBIE J 8220 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
MCSKIMMING,ALLEN W 8209 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
POST,KENNETH S 8217 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
SULLIVAN,MICHAELJ 8221 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
TUBBS,LARRY R 8225 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
YOUNG,RICHARD E 8228 HALLMARK DR NORTH RICHLAND HILLS,TX 76182
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APPLICATION INFORMATION
Zoning Board of Adjustment Case ZBA23-0010
8217 Hallmark Drive, North Richland Hills,Texas
The following information was submitted with the application on the NRH E-SERVICES PORTAL on October 17,2023.
DESCRIPTION
We would like to request a variance to improve and add onto our backyard patio. Our plans include a covered
extension.
1. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCES BEING
REQUESTED. IF NECESSARY, USE A SEPARATE SHEET.
R2 Zoning
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.
We've lived in NRH 24 years and love living here. We'd like to increase the square footage of living space to
accommodate family get togethers and consider staying here in our retirement.
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.
Due to soil settling,our current patio is cracked and in need of repair. We've had an engineer assess the foundation
and are not in need or piers but would like to improve the patio while repairing it.
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Ken and Kim Post
8217 Hallmark Dr.
NRH,TX 76182
Electrical panel
r — — — — — — — — - - __-
Single st ry
brick and fram house
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60"AF
48"AFF
MARTIN /COX
C0NSTRUCTION, LLC Electrical
"THE OUTDOOR LIVING PROS"
2023
Date: Sept 8
817-343-8742 martincoxconstruction.com ,
noI B
PERMIT ADDRESS: 8217 HALLMARK DR PARCEL: P16132
NRH,TX 76182
APPLICATION DATE: 09/13/2023 SQUARE FEET: 0.00 DESCRIPTION: Flatwork,attached patio cover,outdoor fireplace and
EXPIRATION DATE: VALUATION: $0.00 kitchen.
CONTACTS NAME COMPANY ADDRESS
Applicant Martin Cox Construction, LLC 517 Waterford Lane
Martin Cox Construction, LLC Colleyville,TX 76034,TX 76034
General Contractor Martin Cox Construction, LLC 517 Waterford Lane
Martin Cox Construction, LLC Colleyville,TX 76034,TX 76034
Homeowner Ken Post
REVIEW ITEM STATUS REVIEWER
Building Inspections Department v.1 Requires Re-submit Mary Lou Salas Ph:817-427-6305 email:misalas@nrhtx.com
Review item used to allow building to comment during a plan review
Correction: General-Mary Lou Salas(10/2/23)-Not Resolved
Comments: HOLD: BUILDING CONSTRUCTION PLANS-SEE RED-LINED ELECTRICAL PLAN FOR HOLDS&REFER TO HOLD(S)ON SITE PLi
WILL REQUIRE A PLAN CHANGE IN ORDER TO COMPLY WITH REQ'D. 10'REAR YARD SET BACK.
HOLD:SITE PLAN-DOES NOT COMPLY WITH MIN. 10'REAR YARD SET BACK REQUIRED PER R2 ZONING.
HOLD:SITE PLAN-MUST COMPLY WITH 20% REAR YARD OPEN SPACE AS REQUIRED PER R2 ZONING. HATCHED AREA IS WHAT WILL I
CONSIDERED R.Y.O.S.
—ADDITIONAL HOLDS MAY OCCUR.
Corrective Action: HOLDS TO BE ADDRESSED
October 23,2023 4301 City Point Drive, North Richland Hills,Texas 76180 Page 1 of 1
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