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HomeMy WebLinkAboutZBA 1999-10-21 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHlAND HillS, TEXAS OCTOBER 21,1999 -7:00 PM 1. CAll TO ORDER The meeting was called to order by Vice-Chairman Bill Schopper at 7: 1 0 p.m. 2. ROll CAll Present Vice-Chairman Bill Schopper Dr. Rick Enlow-. Leslie Jauregui Kyle Bacon Jim McCain Paul Young City Staff Planning Director Planner Administrative Clerk Marcy Ratcliff Mark Johnson Mary Hennessee 3. CONSIDERATION OF MINUTES OF SEPTEMBER 16,1999 APPROVED Dr. Enlow, seconded by Ms. Jauregui moved to approve the Minutes of the September 16, 1999 meeting. The motion carried unanimously. Vice-Chairman Schopper explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. ZBA Minutes September 16, 1999 1 4. BA 99-18 PUBLIC HEARING TO CONSIDER THE REQUEST OF DAVID WEBB FOR A VARIANCE FROM THE REQUIED TWO COVERED PARKING SPACES TO ALLOW A GARAGE CONVERSION ON LOT 14, BLOCK 3, MORGAN MEADOWS ADDITION. THE PROPERTY IS LOCATED AT 6908 MEADOW CREEK ROAD AND IS ZONED R-1-S. DENIED Ms. Ratcliff stated Mr. Webb is requesting variance from the requirement that two covered parking spaces be provided for each lot in the R-1-S Zoning District. The applicant requests the variance so that he may convert his existing two-car garage into living space, causing the loss of two covered parking spaces. Section 420.0.3 of the Zoning Ordinance requires that two covered parking spaces be provided for each residential lot zoned R-1-S: Section 420. D.3 - Off-street parking space shall be provided on every lot to accommodate four (4) cars for each dwelling unit. At least two of such spaces shall be covered; however, no supporting member of any garage, carport, or any other automobile storage structure shall be located within the required front building line. This item was tabled at the September 16 meeting to allow the applicant to revise his application. New notifications were sent to surrounding property owners and the revision was published in the newspaper. Mr. Webb plans to eventually construct a two-car detached garage. He had originally proposed to construct a carport to cover two parking spaces, but upon learning the proposed carport would require multiple variances, he opted to request a variance from the covered parking space requirement. One resident has written a letter to support this request, stating they would prefer that automobiles be parked outdoors and not be covered by a carport (see attached). While staffs recommendation is to deny this variance request, staff would prefer no covered parking as opposed to a carport. Staff recommends the Zoning Board of Adjustment deny the request as submitted by Mr. Webb for a variance to the City of North Richland Hills Zoning Ordinance No. 1874, Primary District Regulations, Section 420.0.3, Parking, for property addressed as 6908 Meadow Creek Road and legally platted as Lot 14, Block 3, Morgan Meadows Addition. ZBA Minutes September 16,1999 2 Vice-Chairman Schopper opened the public hearing and asked the applicant to come forward. Mr. Webb stated that due to funds he is requesting a variance for covered parking until he can build a two-car detached garage. Vice-Chairman called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Bacon moved the committee accept the request with the stipulation that within four years a two-car detached garage would be built. Mr. Webb stated he would rather not be subject to this stipulation for he did not know what the future holds and he plans on funding the project as it is constructed. Mr. Bacon then moved to deny BA 99-18. Mr. Enlow seconded the motion. Motion carried with a 3-2 vote. (For - Messrs. Schopper, Bacon & Enlow - Against Ms. Jauregui and Mr. McCain) 5. BA 99-19 PUBLIC HEARING TO CONSIDER THE REQUEST OF MITCHELL NOFTSGER, REPRESENTATIVE OF RACETRAC PETROLEUM, INC. FOR A V AIRANCE TO ALLOW A BUILDING TO ENCROACH INTO THE REQUIRED 25' REAR BUILDING LINE BY APPROXIMATELY 13'. THE PROPERTY IS KNOWN AS LOTS 1 & 2, BLOCK 18, CLEARVIEW ADDITION, ADDRESSED AS 5100 & 5102 DAVIS BLVD AND IS ZONED C-2. DENIED Ms. Ratcliff explained that Racetrac Petroleum, Inc. is requesting variance from the 25-foot rear building line, which is required when a C-2 District abuts residential property. Because this parcel is within 200 feet of residential property, site plan approval by the Planning and Zoning Commission and City Council will be required. The granting or denial of this variance will have a direct affect on the design of this site. Thus, the variance request needs to be determined prior to the submittal of a site plan application. The 1.02-acre parcel is located on the east side of Davis Boulevard and is part of the Clearview Addition. It is adjacent to a Deluxe Paints store to the north and a Dairy Queen Restaurant to the south, both of which are zoned C-2. Adjacent to the rear (east) are Single-family properties zoned R-2. The site design meets all of the current zoning standards with the exception of the rear building line encroachment. Under Section 440(C), Lot and Area Requirements, there is a ZBA Minutes September 16, 1999 3 rear building line requirement in the C-2 District only when it abuts residential property, in which case it is a 25-foot rear building line. This is an effort to protect residential properties from the effects of the higher intensity commercial uses typically allowed in the C-2 District. A convenience store is considered a higher intensity commercial use that is allowed by-right in the C-2 District but requires a Special Use Permit in the C-1 District. Staff recommends the Zoning Board of Adjustment deny the request as submitted by Racetrac Petroleum for a variance to the City of North Richland Hills Zoning Ordinance No. 1874, Primary District Regulations, Section 440.C, Lot and Area Requirements, to allow encroachment into the 25-foot rear building shown on the site plan. Ms. Ratcliff stated they had received a letter from the applicant to table the request but applicant stated they are withdrawing letter and have decided to proceed with their request. Ms. Ratcliff stated they have received a petition from the neighbors against the construction of this project. Vice-Chairman Schopper opened the public hearing and asked the applicant to come forward. Mitchell Noftsger, representative of Racetrac Petroleum, Inc., stated they are requesting a variance of 13' from the rear setback requirement. They are planning on constructing an 8' masonry fence against the back of the property and the rear of the property will be heavily landscaped. Vice-Chairman called for additional proponents. Seeing none, he called for any opponents. Ms. Debra Atkinson, 5121 Gibbons, lives directly behind the property stated the construction would be detrimental to the neighborhood, high traffic and use of the facility would be of no use or cause for the neighborhood, would cause their property value to decrease. Mr. John Donahoo, 5125 Gibbons, stated the property was too small for this type of facility and the location was wrong. Mr. John Atkinson, 5121 Gibbons, stated that Racetrac, Inc. were not out to help the people but trying to intimidate them. There would be high crime and criminals would be coming over his back fence. Cause traffic difficulties on Davis. ZBA Minutes September 16, 1999 4 Ms. Lenore Juarez, 5117 Gibbons, stated the construction would not do her property any good. Mr. Lee Coc~eran, 5113 Gibbons, stated the 24 hour operation would cause noise, bright lights, debris. Mr. Joe Rollins - cannot add much to what has been said and is against the proposal. Mr. Young ask if there could be any leniency in the number of pumps. Mr. Noftsger stated the number of pumps were designed for the customers convenience not having to wait in line. Mr. Young ask Mr. Noftsger if they could reconsider the number of dispensers. Mr. Noftsger stated they are not destination sites and that the 14 pumps would bring 14 cars off Davis at one time and this would in turn relieve some of the traffic congestion. Vice-Chairman Schopper asked if there were additional proponents or discussion. Hearing none the public hearing was closed. Mr. Enlow moved to deny BA 99-19 due to the opposition of the neighbors and there was no hardship. Motion was seconded by Ms. Jauregui and the motion carried 5-1. (For Ms. Jauregui, Messrs. Bacon, Young, Schopper, Enlow - against Mr. McCain.) 6. CITIZEN COMMENTS There were none. 7. MISCELLANEOUS REPORTS & DISCUSSION There was nothing to report. 8. ADJOURNMENT to conduct, the meeting adjourned at 8:10 PM. ZBA Minutes September 16, 1999 5