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HomeMy WebLinkAboutZBA 1999-08-19 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHlAND HillS, TEXAS AUGUST 19,1999 -7:00 P.M. 1. CAll TO ORDER The meeting was called to order by Vice-Chairman Bill Schopper at 7:00 p.m. 2. ROll CAll Present Vice - Chairman Bill Schopper Dr. Rick Enlow Leslie Jauregui Kyle Bacon Absent Dr. Tom Duer City Staff Planning Director Planner Planning Assistant Marcy Ratcliff Mark Johnson Valerie Taylor 3. CONSIDERATION OF MINUTES OF JULY 15, 1999 APPROVED Mr. Enlow, seconded by Mr. Bacon, moved to approve the Minutes of the July 15, 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 August 19, 1999 1 4. BA 99-11 PUBLIC HEARING TO CONSIDER THE REQUEST OF RAY LUKENSOW FOR VARIANCES FROM THE PERMANENT ACCESSORY & STRUCTURE REGULATIONS FOR CARPORTS ON TRA T 2A3, OF THE ALEXANDER HOOD SURVEY, A-683. THIS PROPERTY IS LOCATED AT 7945 SMITHFIELD ROAD. APPROVED Ms. Ratcliff explained that this carport containing 936 square feet was constructed without a building permit. The property is Agriculturally zoned and contains two acres. The carport does not have concrete access to a public street and the roof pitch doesn't match that of the primary structure. The Zoning Ordinance lists exemptions to height, masonry requirements and maximum square footage of carports in Agriculturally zoned districts as well as R1 S- Special Residential Districts. Ms. Ratcliff stated that staff did find special conditions and that staff recommends approval of BA 99-11 to allow the carport to not have concrete access to a public street and to allow the carport to not match the roof pitch of the primary structure. Vice Chairman Schopper opened the public hearing and asked the applicant to come forward. Mr. Ray Lukensow, applicant presented his request. He showed pictures of his property, which has a circular drive in front of the property that is concrete, the gravel drive that leads to the carport, which is in the rear of the home is only used for the RV. He additionally submitted three letters of support from surrounding neighbors. Mr. Lukensow stated his uncle had constructed the carport for him. He had planned on applying for a permit once the carport was near completion, so he would be able to submit an accurate drawing of-the carport. Seeing no additional proponents, and no opponents, the public hearing was closed. Mr. Enlow, seconded by Ms. Jauregui, moved to approve SA 99-11, a variance to Section 630.D.9, allowing a gravel driveway to access Smithfield Road; and, to Section 630.D.13.a, allowing a carport to have a roof pitch less than that of the primary structure, because the carport is located on agriculturally zoned property and contains two acres. Additionally, the carport uses a portion of the original gravel driveway entrance on a lot located on an 80-degree curve. If the current driveway ZBA Minutes August 19, 1999 2 were extended to the carport, the vehicles would have a hard time maneuvering into the carport. The motion carried unanimously. ZBA Minutes August 19, 1999 3 5. BA 99-12 PUBLIC HEARING TO CONSIDER THE REQUEST OF JAY JENKINS OF FORT WORTH CHRISTIAN SCHOOL TO VARY FROM THE GENERAL SCREENING WALL AND FENCE CRITERIA. THE VARIANCE WOULD ALLOW A SIX-FOOT NON-SIGHT BARRING FENCE IN THE FRONT YARD WHERE A MAXIMUM FOUR-FOOT FENCE IS ALLOWED AND METAL POSTS WHERE ONLY BRICK OR STONE POSTS ARE PERMITTED ON LOT A2, BLOCK 1, COLLEGE HILLS ADDITION. THIS PROPERTY IS LOCATED AT 7517 BOGART DRIVE. APPROVED Mr. Johnson gave an overview of this case, explaining that the applicant is applying for a variance to construct a six-foot non-sight barring fence in the front yard, where only a four-foot fence is allowed. Additionally, they are requesting to construct the fence with metal posts where only brick or stone are allowed. He explained that the fence would be constructed around the entire perimeter of the property, but that the variance to the height and columns is only required in the front yard. Mr. Johnson stated that staff recommends approval of the requested variance to Section 1 025.C - Front Yards - allowing the front yard portion of the fence to be extended above the four-feet height limit by two-feet, and to allow the posts to be metal where only brick or stone are permitted. Vice-Chairman Schopper opened the public hearing and asked the applicant to come forward. Jay Jenkins presented this request stating he would answer any questions the Board may have. Seeing no proponents, and no opponents, the public hearing was closed. Mr. Bacon, seconded by Ms. Jauregui, moved to approve BA 99-12, because Bogart Drive is no more a front yard than either College Circle or Holiday Lane; additionally stating that the variance will allow a uniform appearance around the site. The motion carried unanimously. ZBA Minutes August 19, 1999 4 5. BA 99-13 PUBLIC HEARING TO CONSIDER THE REQUEST OF JOHN W. GROW FOR A VARIANCE TO THE ZONING REGULATIONS AND TO ENCROACH THE FRONT BUILDING LINE TO ALLOW A CARPORT ON LOT 13, BLOCK 1, NORTH HILLS ADDITION. THIS PROPERTY IS LOCA TD AT 5721 NORTH HILLS DRIVE. DENIED Mr. Johnson explained the applicant is requesting variances to three sections of the zoning regulations to construct a carport. The first two variance requests are to Sections 410.0.2 and Section 630.0.3, to allow a carport to encroach the front building line. The third variance request is to Section 630.0.7, to allow the proposed carport to exceed the maximum allowable square footage, by 80 square feet. Mr. Johnson stated that several letters of opposition had been received from surrounding neighbors and copies were included in the board members packets. Staff recommends the board deny the request, as submitted by Mr. Grow since staff finds that no special conditions exist. Vice Chairman Schopper opened the public hearing and asked the applicant to come forward. Mr. Grow presented his request explaining that the recent purchase of a custom van, which won't fit in his garage, is the reason for this request. Mr. Grow showed pictures of carports that currently exist in his neighborhood and a picture of his new van. He stated he has contacted a realtor who told him that a carport of this magnitude would not adversely affect property values. Additionally, he stated that when he first spoke with his neighbors, only one had objected. Mr. Dennis Eldrock, Delco Home Improvements, spoke in favor of this request. He is the contractor hired to construct the proposed carport and stated that upon completion the carport would look like it had been built attached to the home originally. Seeing no additional proponents, and no opponents, the public hearing was closed. Dr. Enlow stated that direction had been given by the City Council to curtail carports extending beyond front building lines; explaining that this board had been asked to be more strict in granting variances for carports, especially when there is neighborhood opposition. He is opposed to this request. ZBA Minutes August 19, 1999 5 Ms. Jauregui, seconded by Mr. Bacon, moved to deny BA 99-13, citing that no special condition exists. The motion carried unanimously. ZBA Minutes August 19, 1999 6 7. BA 99-14 PUBLIC HERAING TO CONSIDER THE REQUEST OF JACK DYSART, JR. FOR VARIANCES TO THE PERMANENT ACCESSORY & STRUCTURE REGULATIONS FOR CARPORTS ON LO 8, BLOCK 34, RICHLAND TERRACE ADDITION. THIS PROPERTY IS LOCATED AT 4924 CUMMINGS DRIVE. Ms. Ratcliff explained that the board had considered and denied a variance request at their last meeting for the Dysart's illegally constructed carport that extended into the front building line. The Dysart's have resubmitted an application that shows the carport being relocated into the side yard. The requested variances are to Sections 630.0.3, which would allow the carport to be 19.5 feet from the front property line. The second variance request is to Section 630.D.4.a, which would allow the carport to be 0 feet from the side property line. And, lastly, a variance to Section 630.D.13.a & b, Carport Regulations - Design Criteria, would allow a flat metal roof that doesn't match the pitch of the roof of the primary structure and 100% metal support columns, which are specifically prohibited by the City Council. Staff does not find any special conditions exist and recommends the board deny the request. Vice Chairman Schopper opened the public hearing and called the applicant forward. Jack Dysart, applicant, presented his request. He showed pictures of the existing carport, and an above ground manhole that exists and, he believes, prohibits entry to the rear yard for possible construction of the carport. Additionally, he had pictures of pool equipment, further blocking access to the rear yard. He explained he and his son are handicapped and need the carport for protection from the elements of the weather. Seeing no additional proponents and no opponents, the public hearing was closed. Ms. Ratcliff, as requested, read a letter of opposition hand delivered to staff from Mr. R.M. Boler who resides at 5000 Cummings Drive. The board reiterated the Councils concern over carports, especially those with neighborhood objections. Responding to a question, Mr. Dysart stated that the classic cars in the garage were too valuable to store somewhere else. ZBA Minutes August 19, 1999 7 Ms. Jauregui, seconded by Mr. Bacon, moved to deny BA 99-14, since no special condition exists, allowing 30 days for removal of the structure. The motion carried unanimously. ZBA Minutes August 19, 1999 8 8. CITIZEN COMMENTS There were none. 9. MISCELANEOUS REPORTS AND DISCUSSION The board members were reminded of the August 30, 1999 APA training session in Hurst, Texas. 9. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:30 p.m. ~) ~ Chairman T-:2: ZBA Minutes August 19, 1999 9