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HomeMy WebLinkAboutZBA 2001-01-18 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS January 18, 2001 7:00PM 1. CALL TO ORDER The meeting was called to order by Dr. Tom Duer at 7:07 p.m. 2. ROLL CALL Present Chairman Dr. Tom Duer Bill Schopper Leslie Jauregui David Whitson Absent Dr. Rick Enlow Kyle Bacon Paul Young City Staff Director of Development Building Official P&I Office Coordinator Recording Secretary John Pitstick Ed Dryden Carolyn Huggins Micah Johnson 3. CONSIDERATION OF MINUTES APPROVED Leslie Jauregui, moved to approve the March 16, 2000 minutes. Seconded by Bill Schopper, the motion carried unanimously (4-0). Bill Schopper, moved to approve the March 30, 2000 minutes. Seconded by Leslie Jauregui, the motion carried unanimously (4-0). David Whitson, moved to approve the June 15, 2000 minutes. Seconded by Leslie Jauregui, the motion carried unanimously (4-0). Leslie Jauregui, moved to approve the September 21, 2000 minutes. Seconded by David Whitson, the motion carried unanimously (4-0). ZSA Minutes June 15, 2000 1 Chairman Duer explained that this Board consists of five voting members and it requires four affirmative votes in order for a variance to pass. At this meeting, this evening, there are four members present, which means that for a case to be approved there must be a unanimous approval vote by the Board. If the vote is three for and one opposed, the request is denied. He offered to postpone any of the cases if the applicants wanted to wait until five members were present. None of the applicants indicated a desire to postpone. 4. BA-2001-01 Public hearing to consider the request of Silvia Moran for a variance to the North Richland Hills Zoning Ordinance, No. 1874: Article 1, Section 150A, Sideyard Building Regulations, requesting a variance of 7 feet to the required 15 foot sideyard setback line. The property is located at 5501 Topper Court, being Lot 8, Block 5, Holiday East Addition. DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Tom Downing, 3213 Birch, Grapevine, a family friend, spoke on behalf of Silvia Moran. The carport at Ms. Moran's residence was constructed without a permit. The property owner has been instructed by the City Building Official to remove the structure. The applicant is requesting that the carport be allowed with the modifications required by the city, which include shortening the carport, constructing the pitch on the roof to match the home and adding brick (matching the brick on the home) around the wooden beams. Bernice Azamar, 7601 Noreast Drive, spoke in opposition of the request. Mrs. Azamar feels that the carport causes blinds spots at the stop sign on the corner. In addition, there are multiple cars parked in the driveway (under the carport), of which one is a very large van, which causes additional sight visibility problems. Ed Dryden, City Building Official, explained to the Board and Ms. Azamar that as long as the vehicles are not blocking a sidewalk they are not in violation of City ordinances. Silvia Moran explained that she had constructed the carport because her van is too tall to fit in the garage. The carport provides protection from the weather for her vehicle as well as herself and her children. Chairman Duer closed the public hearing and made a motion to approve the request, but it failed for lack of a second. ZSA Minutes June 15, 2000 2 Bill Schopper made a motion, seconded by Leslie Jauregui, to deny the request. The motion carried 3-1. Chairman Duer explained to the applicant that due to the decision she would have to abide by city ordinance and remove the portion of the carport that exceeds the property line. The applicant also was informed that this denial decision of the Zoning Board of Adjustment is a decision by a municipal government entity but the applicant can pursue the request before a State District Court. 5. BA-2001-02 Public Hearing to consider the request of Anita Brock for a variance to North Richland Hills Zoning Ordinance No. 1874: Article 4, Table 4.1, Minimum Dwelling Unit Size to allow construction of two single family houses with a minimum 1200 square feet. The property is known as Lots 6 & 7, Block C, Hewitt Estates Addition, and is located at 7716 & 7712 Frankie B Street. DENIED Chairman Duer opened the public hearing for discussion and asked that the representative of the variance please step forward. Anita Brock, Building Contractor, 7305 Whitfield, is requesting a variance to allow the construction of a 1,200 square foot home on a lot in which city ordinance requires that the minimum dwelling unit size be 1,800 square foot. Mrs. Brock had a list of the homes on the block with square footage ranging from 850 to 1,800 square feet. The property was platted in 1959 as having 60 x 130 lots and Ms. Brock stated that these lots are too small for 1,800 square foot homes. Chairman Duer explained to Ms. Brock that she could replat the property, recovering 30 feet of abandoned City property which would give her enough land to divide her lots into 75 x 130 lots. Chairman Duer asked the purchase price of the 1200 sq. ft. home. Ms. Brock responded with the price of $92,000. In addition, Ms. Brock will incur $20,000 to run water and sewer to these lots. Chairman Duer asked for those in favor of the variance to step forward. Mr. Eddy Fuchs of 7701 Frankie B Street, who is the owner of the property in question, stepped forward to voice his approval of the 1,200 square foot homes. Chairman Duer called for those opposed. Jerry Branscum, 7705 Frankie B Street, stated that he would prefer that the City Ordinance be upheld and that houses being built now should be built to 1800 square feet. He contracted to ZSA Minutes June 15, 2000 3 build his house 3 years ago and was required to build his house per Ordinance specifications. Mr. Branscum also stated that when he built his house he also had to pay additional monies in order to have sewer and water to his lot. Richard Stacey, 7616 Hewitt, has been a resident in this area for 23 years when the area was actually known as Smithfield. Now that it is known as City of North Richland Hills, he feels that lots should be developed as City ordinance states. Billy Privett, 7620 Hewitt, has lived at this address for the past 27 years and was concerned with the drainage of the two lots into his property. He feels that when they bring in dirt to build up the lots it will cause water to drain into his lot. Chairman Duer closed the public hearing and entertained a motion. Bill Schopper motioned, seconded by Leslie Jauregui, that the variance be denied. The motion carried 3-1. Upon denial of the variance, Chairman Duer informed Ms. Brock that she would have to abide by city ordinance and construct the house to 1800 square feet. She was also informed that this denial decision of the Zoning Board of Adjustment is a decision by a municipal government entity but the applicant can pursue the matter further in State District Court. 6. Public Hearing to consider the request of Monda Watson for a variance to North Richland Hills Zoning Ordinance No. 1874: Article 10, Section 1020 Screening Walls Regulations to allow a wrought iron ornamental fence to remain existing instead of replacing it with a masonry-screening wall. The property is known as Lot 1 R, Block 1, Tapp Addition, and is located at 5201 Rufe Snow. POSTPONED TO FEBRUARY 15 Chairman Duer announced that the Board had received a letter from the applicant requesting that the variance be tabled until the next scheduled meeting. David Whitson motioned, seconded by Leslie Jauregui, that this variance case be tabled until the February 15, 2001, meeting. The motion carried unanimously (4-0). 7. CITIZEN COMMENTS ZSA Minutes June 15, 2000 4 There were none. 8. MISCELLANEOUS REPORTS AND DISCUSSIONS There were none. 9. ADJOURNMENT Having no additional business to conduct the meeting adjourned at 7:50 p.m. '7~Þ~ Chairman Tom Duer ZSA Minutes June 15, 2000 5