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HomeMy WebLinkAboutZBA 1999-07-15 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICH LAND HILLS, TEXAS JULY 15, 1999 - 7:00 P.M. 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:00 p.m. 2. ROLL CALL Present Chairman Dr. Tom Duer Dr. Rick Enlow Bill Schopper Kyle Bacon Leslie Jauregui City Staff Planning Director Planner Planning Assistant Marcy Ratcliff Mark Johnson Valerie Taylor 3. CONSIDERATION OF MINUTES OF JUNE 17,1999 APPROVED Mr. Schopper, seconded by Dr. Enlow, moved to approve the Minutes of the June 17, 1999 meeting, provided the caption on Page 3 was changed to denied. The motion carried unanimously. 4. ELECTION OF OFFICERS Mr. Schopper, seconded by Dr. Enlow, nominated Dr. Duer as Chairman. The nomination carried unanimously. Dr. Enlow, seconded by Dr. Duer, nominated Mr. Schopper as Vice-Chairman. The nomination carried unanimously. Chairman Duer explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. ZBA Minutes July 15, 1999 1 4. BA 99-08 PUBLIC HEARING TO CONSIDER THE REQUEST OF JACK DYSART, JR. FOR A VARIANCE FROM THE REQUIRED FRONT YARD SET BACK AND TO VARY FROM THE PERMANENT ACCESSORY & STRUCTURE REGULATIONS TO ALLOW A CARPORT ON LOT 8, BLOCK 34, RICHLAND TERRACE ADDITION. THIS PROPERTY IS LOCATED AT 4924 CUMMINGS DRIVE. DENIED Ms. Ratcliff explained that this carport was constructed illegally over a weekend and Code Enforcement had notified Mr. Dysart that the carport was in violation of the zoning regulations. Ms. Ratcliff explained that there are outstanding taxes due on this property, however, because the carport is in direct violation and was already constructed, staff determined it best for the board to hear the case. She explained that staff recommends the board deny the request for the illegally constructed carport to encroach 25 feet into the required front yard setback and to deny the variance request for the flat metal roof that doesn't match the pitch of the existing structure. Chairman Duer opened the public hearing and asked the applicant to come forward. Ms. Dysart stated that the outstanding taxes had been taken care of. She explained that her husband and son are 100% disabled and this carport, which was constructed by a group of friends for no charge is supposed to keep them out of the weather. Additionally, they have two classic automobiles that are stored in their garage. The Dysarts distributed pictures of existing carports in the surrounding area. Seeing no additional proponents and no opponents the public hearing was closed. Mr. Schopper, seconded by Ms. Jauregui, moved to DENY BA 99-08, allowing 30 days for the removal of the structure within 30 days. The motion carried unanimously. The Board Members stated that if Mr. Dysart chose to relocate the structure, and applied in time for the next meeting, that the structure could remain until the 2nd meeting had been conducted. ZBA Minutes July 15, 1999 2 5. BA 99-09 PUBLIC HEARING TO CONSIDER THE REQUEST OF WILLIAM HARGIS FOR AN INTERPRETATION OF THE PERMANENT ACCESSORY BUILDING & STRUCTURE REGULATIONS AND, IF NECESSARY, TO VARY FROM THE PERMANENT ACCESSORY BUILDING & STRUCTURE REGULATIONS TO ALLOW A SOLAR ROOM WITH AN INGROUND SWIMMING POOL ON LOT 1, BLOCK 22, COLLEGE HILLS ADDITION. THIS PROPERTY IS LOCATED AT 7320 SPURGEON COURT. APPROVED Ms. Ratcliff gave an overview of the case, explaining that the applicant has requested the Board of Adjustment interpret the Accessory Regulations because he believes his addition is not an accessory use but a principle use and, therefore, is not limited by the Accessory Building and Structure Regulations. Should the Board agree with staff's interpretation, the applicant requests variances to the Accessory Building regulations. These variances would include the maximum height, maximum floor area, pitch of roof, maximum number of accessory structures and the use of the structure. Ms. Ratcliff stated that staff recommends the ZBA deny the request as submitted, explaining that staff finds no special condition exists to allow the enclosed inground pool structure to exceed the maximum height, maximum total floor area, maximum number of structures allowed, the use and pitch of the roof. Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Hargis presented his request. He submitted pictures of the proposed enclosed poolroom and also pictures of the rear of his home. Mr. Hargis submitted a petition of neighbors supporting his poolroom, three of which share his property lines. Additionally, Mr. Hargis stated that a door would be added that would lead directly into the bathroom. The room will be furnished and heated for year round utilization. Seeing no additional proponents, and no opponents, the public hearing was closed. ZBA Minutes July 15, 1999 3 Dr. Enlow believes that if insurance companies consider this as part of the main structure, and since other cities see pool enclosures as part of the primary structure, he believes the City of NRH should as well. Dr. Enlow doesn't believe this is an accessory use. Dr. Duer stated that the majority of pools in Florida are enclosed much the same way, and it is not considered an accessory use. He did state that he would like to see the structure constructed of good quality materials and wants it to be an asset to the neighborhood. Responding to a question, Mr. Hargis stated that the pool enclosure would share one wall of the primary structure. Mr. Schopper asked how a pool should be enclosed if not done this way. Mr. Dryden, Building Official, stated that simply by the way the ordinance is written, a variance would be required as long as this type structure was proposed. He believes staff's interpretation was correct. Granting a variance would be better than agreeing with the applicant's interpretation. Mr. Schopper, seconded by Mr. Bacon, moved to approve the applicant's interpretation of Section 630, Accessory Building & Structures, BA 99-09 as requested because the current ordinance doesn't address pool enclosures. The motion carried with a vote of 4 - 1. Messrs. Schopper, Bacon, Enlow and Duer were in favor of the motion. Ms. Jauregui was opposed. Ms. Ratcliff stated that the ZBA had just approved an interpretation of the ordinance that must be followed until the ordinance is changed. Dr. Duer asked that a memo be forwarded to the City Council regarding the amendment of the ordinance. ZBA Minutes July 15, 1999 4 5. BA 99-10 PUBLIC HEARING TO CONSIDER THE REQUEST OF J.D. SCHICK CONTRACTING TO VARY FROM THE NUMBER OF ALLOWABLE CARPORTS AND MASONRY REQUIREMENTS IN THE PERMANENT ACCESSORY BUILDING & STRUCTURE REGULATIONS IN A MUL TI- FAMILY FACILITY ON LOT 1, BLOCK 2, CASTLEWINDS ADDITION. THIS PROPERTY IS LOCATED AT 6525 GLENVIEW DRIVE AND KNOWN AS THE DIAMOND RIDGE APARTMENTS. APPROVED Ms. Ratcliff stated that the applicant is requesting variances to allow the construction of 26 carports with support columns that do not meet the 75% masonry requirements in an existing apartment complex that has 256 units. Ms. Ratcliff stated that staff recommends the ZBA approve BA 99-10 as submitted, allowing 25 additional carports in an existing multi-family facility. Chairman Duer opened the public hearing and asked the applicant forward. Mr. John Schick, of J.D. Schick Contracting, presented the request, explaining that they had tried complying with the ordinance, as written. He said they can comply with the roof pitch and roofing; however, the brick columns present the problem. He explained that the support posts would need to be dead on the striping. Brick columns would require 3 times the amount of area and, thus, loose parking spaces. Mr. Schick believes the ordinance doesn't take multi- family facilities into consideration. Seeing no proponents, Chairman Duer called for opponents. Mr. Jack King, 6528 Tabor Street spoke in opposition of this request. Seeing no additional opponents, the hearing was closed. Dr. Enlow, seconded by Ms. Jauregui, moved to approve BA 99-10, allowing 26 carports in lieu of the maximum one, stating that a special condition exists in that the ordinance doesn't adequately address multi-family facilities. The motion carried unanimously. Mr. Schopper, seconded by Ms. Jauregui, moved to approve BA 99-10, allowing metal posts in lieu of the required masonry, stating that an undue hardship would be created because the masonry columns would eliminate parking spaces. The motion carried unanimously. Ms. Jauregui asked that the ordinance be amended to include apartments. ZBA Minutes July 15, 1999 5 Chairman Duer stated he would like the ordinance for accessory uses / pool enclosures reviewed and changed. He stated it should be simplified for the citizens. ZBA Minutes July 15, 1999 6 7. MISCELLANEOUS REPORTS & DISCUSSION OF THE ROLE OF THE ZONING BOARD OF ADJUSTMENT Ms. Ratcliff stated that two separate documents had been included in the Board members packets that covered the Role of a Zoning Board of Adjustment members. This was for their review and information. 8. CITIZEN COMMENTS There were none. 9. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 9:00 p.m. 7~LJ~ Chairman Tom Duer ZBA Minutes July 15, 1999 7