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Home My WebLink AboutZBA 2025-02-27 Agendas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`KEOLDJ"7DEKJ9"PJGFH"5C6<"EKIJO"VJOKIGPJV"EO"(ML">Y9".DMK\[";9"%MILT" 7EI\["2OLELJOC C)*/#0&%12% JILGRGKELGMF "VM"TJIJPQ"KJILGRQ"LTEL"LTJ"EPM\\J"FMLGKJ"MR"SJJLGFH"MR"LTJ"%MILT"&GKTDEFV"'GDDO" ,MFGFH".MEIV"MR")VWUOLSJFL"`EO"NMOLJV"EL"GLQ"'EDD9"GLQ"MR"%MILT"&GKTDEFV" 'GDDO9" JaEO"GF"KMSNDGEFKJ"`GLT"TENLJI"??69" JaEO"-M\\JIFSJFL"MVJ"MF" $IGVEQ9"$JPIUEIQ">69">5>?9"PQ"?B55"71C bbbbbbbbbbbbbbbbbbbbbbbb DEQLMF"'UOPEFV")7 7IGFKGNED"7DEFFJI './0%123/4/56%/0%7.8843.2/9%233800/:48%2;<%233800/:48%=29>/;?%0=2380% 298%2@2/42:48A%8BC8050%1D9%233DEED<25/D;0%D9%/;589=985/@8%089@/380% EC05%:8%E2<8%FG%.DC90%=9/D9%5D%5./0%E885/;?A%-48208%3D;5235%5.8%H/56% I83985296J0%D11/38%25%GK+LFM+LN,N,%1D9%1C95.89%/;1D9E25/D;A TUIOVEQ9"$JPIUEIQ">;9">5>?",MFGFH".MEIV"MR")VWUOLSJFL")HJFVE 7EHJ">"MR"> ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: February 27, 2025 SUBJECT: Planning Director Report PRESENTER: Clayton Husband, Principal Planner 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. ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: February 27, 2025 SUBJECT: Presentation by staff on items from the regular Zoning Board of Adjustment meeting. PRESENTER: Clayton Husband, Principal Planner SUMMARY: Zoning Board of Adjustment The purpose of this item is to allow the the opportunity to Zoning Board of Adjustment discuss any item on the regular 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. ZONING BOARD OF ADJUSTMENT MEMORANDUM FROM: Planning & Zoning Department DATE: February 27, 2025 SUBJECT: ZBA25-0019 Public hearing and consideration of a request from Greg Barkemeyer for a variance from Section 118-831 (minimum parking requirements) of the North Richland Hills zoning ordinance at 7153 Newcastle Place, being 0.16 acres described as Lot 29, Block 7, North Park Estates. PRESENTER: Clayton Husband, Principal Planner SUMMARY On behalf of Barkemeyer Family Irrevocable Trust (owner), Greg Barkemeyer 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 7153 Newcastle Place. BACKGROUND INFORMATION The neighborhood area is located north of Mid-Cities Boulevard and east Rufe Snow Drive. The property is located on the east side of Newcastle Place between Yarmouth Avenue and Oldham Place. The lot is 60 feet wide, 117 feet deep, and 8,368 square feet in area. The lot is zoned R-3 (Single-Family Residential). The house was constructed in 1977 and has approximately 1,748 square feet of living area, which includes 353 square feet in the enclosed garage area. The owners purchased the house in October 2024 as a rental property. A previous owner remodeled the house, and the two-car garage was converted into living space, at least prior to 2022 according to real estate records. In 2022, the garage doors were removed and replaced with windows. 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 garage space was not inspected for compliance with building and life safety codes. On November 7, 2024, the owner applied to register the property as a single-family rental. As part of that review, it was noted that the garage had been converted to living space. Due to the garage conversion, the house does not meet the current zoning standard that requires two covered parking spaces located behind the front building line. This standard is required by Section 118-314(2) of the zoning ordinance. Garage conversions are permitted if an alternative location for the required covered parking is provided. The owners have applied for a variance from the parking standard to allow the garage conversion to remain without converting the space back to a garage or providing covered parking elsewhere on the property. The variance application and supporting materials are attached. The materials include a copy of the application explaining the reasoning for the variance request, plans showing the proposed improvements to the property, and other documents. An analysis of the request and relevant codes is noted below. ANALYSIS The variance request is related to standards contained in Section 118-314(2) of the zoning ordinance. This section also references the general parking and loading standards in Article VII of the zoning ordinance. The applicable standards require that single-family residential lots provide two covered and enclosed garage parking spaces located behind the front building line. Due to the garage conversion, the house does not meet this zoning standard. Garage conversions are permitted if an alternative location for the required covered parking is provided. At the time the house was constructed (1977), the zoning ordinance required that four off-street parking spaces be provided on the lot, with at least two of those spaces being covered. The lot currently has only two off-street parking spaces, which are located in the driveway. While a garage was not specifically required at the time the house was constructed, the setback standards required that any garage or carport must be located behind the front building line. (1984 NRH zoning ordinance - Ordinance 1080:). If the variance request is approved, the owner must apply for and receive a building permit for the garage conversion. An application has been submitted and is on hold pending action on the variance request. Modifications to the converted area may be required to ensure that construction complies with building and life safety codes. Waivers from or modifications to these codes cannot be addressed through action by the Zoning Board of Adjustment. FINDINGS FOR VARIANCE APPROVAL Section 118-86(4) 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. PUBLIC HEARING NOTICE CASE:ZBA25-0019 «OWNER» «MAILING_ADDRESS» «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 on the attached map. as shown APPLICANT Greg Barkemeyer LOCATION 7153 Newcastle Place REQUEST Public hearing and consideration of a request from Greg Barkemeyer for a variance from Section 118-831 (minimum parking requirements) of the North Richland Hills zoning ordinance at 7153 Newcastle Place, being 0.16acres described as Lot 29, Block 7, North Park Estates. DESCRIPTION Variance from the requirement to provide enclosed covered parking and allow the converted garage enclosure to remain. PUBLICHEARING DATES Zoning Board of Adjustment 7:00 PM Thursday, February 27, 2025 MEETINGLOCATION 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 | 4301 City Point Drive - NRH, TX 76180 817-427-6300 | www.nrhtx.com | planning@nrhtx.com Planning and Inspections Department | 4301 City Point Drive -NRH, TX 76180 817-427-6300 | www.nrhtx.com | planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZBA25-0019 OWNERMAILING ADDRESSCITY STATEZIP 7209 ROMFORD WAY TRUST 7278 GLENVIEW DR RICHLAND HILLS TX76180 BARKEMEYER REVOCABLE LIVING TRUST7153 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 BOYD, TIMOTHY P 7141 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 CARPENTER, MENDY 7216 ROMFORD WAY NORTH RICHLAND HILLS TX76182 CARREON, DAVID 7152 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 CASE, GERALD 7164 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 CLARK, JACK R 1819 LAKE GLEN TRLMANSFIELD TX76063 CLARK, SARAH 7168 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 DANIELS, KEITH D6504 SCARBOROUGH PL NORTH RICHLAND HILLS TX76182 DARGAN, JAMES J7204 ROMFORD WAYNORTH RICHLAND HILLS TX76182 DUDLEY, JAMES 7228 ROMFORD WAY NORTH RICHLAND HILLS TX76182 GARCIA, OSCAR INIGO7149 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 GEORGE, ERIC A7137 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 GUEVARA GUINEA, ULISES 7145 NEWSCASTLE PL NORTH RICHLAND HILLS TX76182 HEB HOMES LLC1001 S MAIN STFORT WORTH TX76104 HEBB, PHILIP M 7161 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 HOSTI, RICHARD PAUL 7144 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 HOWARD, GLENN O 6600 BROOKSHIRE TR NORTH RICHLAND HILLS TX76182 LARUE, TODD B 7212 ROMFORD WAY NORTH RICHLAND HILLS TX76182 LOPEZ, ALEJANDRA GUADALUPE7200 ROMFORD WAY NORTH RICHLAND HILLS TX76182 MA, SOMSAY6508 SCARBOROUGH PL NORTH RICHLAND HILLS TX76182 MANNING, C L B 1220 G AIRPORT FWY # 555 BEDFORD TX76022 MARADIAGA, MERI Y 7157 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 MCDONOUGH, CYNTHIA L 7213 ROMFORD WAY NORTH RICHLAND HILLS TX76182 MCLAMORE, MISTY JEAN7165 NEW CASTLE PL NORTH RICHLAND HILLS TX76182 MONCIVALIS, REYNALDO 7140 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 ROCKWELL FAMILY LIVING TRUST 7169 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 ROSE, ROBIN 501 SYCAMORE LN APT 1213 EULESS TX76039 SAMUEL, ELIA P 7144 ROMFORD WAY NORTH RICHLAND HILLS TX76182 SOTO, CHRISTIAN D MEDINA 7217 ROMFORD WAY NORTH RICHLAND HILLS TX76180 THONGKHAM, MANH 7160 NEWCASTLE PL NORTH RICHLAND HILLS TX76182 APPLICATION INFORMATION Zoning Board of Adjustment Case ZBA25-0019 7153 Newcastle Place, North Richland Hills, Texas The following information was submitted with the application on the NRH E-SERVICES PORTAL on February 6, 2025. DESCRIPTION Applying for variance to not provide the required enclosed garage per Sec 118-833 1.a. 1. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCES BEING REQUESTED. IF NECESSARY, USE A SEPARATE SHEET. Minimum number of parking spaces Sec 118-833 1.a Requesting to provide no covered parking. 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. Primary hardship is that we cannot add a new garage providing two enclosed parking spaces because we would encroach on the front building line. In addition, the home was purchased for rental income not knowing: 1) that garage conversions were not allowed in NRH, 2) or that the conversion was not properly permitted prior to construction and 3) that the city did not ID and notify the prior owners of the violation. 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. See full document titled: 7153 Newcastle_Variance Request IPME;!QFS!\[POJOH PSEJOBODF!B!OFX!3.DBS HBSBHF!NVTU!CF!CVJMU CFGPSF!HBSBHF FODMPTVSF!DBO!CF BQQSPWFE/ IPME;!QFS!\[POJOH PSEJOBODF!B!OFX!3.DBS HBSBHF!NVTU!CF!CVJMU CFGPSF!HBSBHF FODMPTVSF!DBO!CF BQQSPWFE/