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HomeMy WebLinkAboutZBA 1999-05-17 Minutes " ..- MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MAY 17, 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 Perry Christensen Cindy Martin Bill Schopper Jim McCain City Staff Planning Director Marcy Ratcliff 3. CONSIDERATION OF MINUTES OF MARCH 18, 1999 APPROVED Ms. Martin, seconded by Mr. Christensen, moved to approve the minutes of the May 17, 1999 meeting. The motion carried unanimously. Chairman Òuer explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. ZBA Minutes May 17, 1999 1 l 4. BA 99-03 PUBLIC HEARING TO CONSIDER THE REQUEST OF MARY LYNN WRIGHT TO VARY FROM THE REQUIRED SIDE YARD TO ALLOW A SWIMMING POOL ON LOT 10, BLOCK 15, FOSTER VILLAGE ADDITION. (LOCATED AT 6836 STARNES ROAD) APPROVED Ms. Ratcliff explained that staff recommends approval of the request as submitted by Mary Lynn Wright to the City of NRH Zoning Ordinance No. 1874, Section 655.B.1 Swimming Pools, for property addressed as 6836 Starnes Road and legally platted as Lot 10, Block 15, Foster Village. If approved, it would allow an underground swimming pool to encroach 5 feet into the platted 15-foot side yard setback, creating a 10-foot side yard setback along Meadowview Terrace as shown on the plot plan. Chairman Duer opened the public hearing and asked the applicant to come forward. Ms. Mary Lynn Wright, 6836 Starnes, stated that they are proposing to install an inground swimming pool. For diving reasons the length of the diving end needs to go further than what would normally be allowed. The pool has been designed in an "L" shape to avoid additional encroachment. She stated that there is an existing brick accessory building that prohibits the east side of the yard being used. Responding to a question regarding the fence, Ms. Wright stated that the fence was in place when she purchased the home, about 1 0 years ago. Ms. Wright stated that the drive cut on the side was also in place when they purchased the home. She stated that they plan on leaving it as is and using it for additional parking. Mr. Christensen expressed concern over this issue. Chairman Duer called for additional proponents. Seeing none he called for any opponents: Seeing none, the public hearing was closed. . Mr. Schopper stated that he is opposed to the drive cut and would prefer it be eliminated. Mr. Christensen stated that the additional drive cut should be removed. He doesn't believe it is legal and it was originally used to get to the accessory ZBA Minutes May 17,1999 2 building; the pool will alleviate the need for it. He asked the applicant if she would remove the additional drive cut. Ms. Wright stated that she did not have a problem removing the curb cut and regrassing the area. She also stated she was willing to bare the cost of the installation of the required curb. Ms. Wright stated that she had several letters of support from neighbors and presented them to the Chairman. Mr. Christensen, seconded by Mr. Schopper moved to approve BA 99-03 for the variance to Section 655.B.1 Swimming Pools, which would allow an underground swimming pool to encroach 5 feet into the platted 15 foot side yard setback, creating a 10 foot side yard setback along Meadowview Terrace and additionally requiring the applicant to remove the existing driveway, regrass the area and replace the curbing. The motion carried unanimously. Ms. Ratcliff informed the Board Members that they are required to state their reason of approval for the record. Mr. Christensen believed the special condition pointed out by staff was sufficient reason to grant a variance. 5. PUBLIC HEARING TO CONSIDER THE REQUEST OF NORTH HILLS HOSPITAL TO VARY FROM THE REQUIRED SCREENING OF ROOFTOP MECHANICAL EQUIPMENT ON LOT 1 R, BLOCK F, CALLOWAY FARMS ADDITION. (LOCA TED AT 4401 BOOTH CALLOWAY ROAD) APPROVED Ms. Ratcliff stated that staff recommends approval of this request as submitted by North Hills Hospital to the City of NRH Zoning Ordinance No. 1874, Section 645, Mechånical Equipment, for property addressed as 4401 Booth Calloway . Road and legally platted as Lot 1 R, Block F, Calloway Farm Addition. The requested variance is to allow the mechanical equipment to be painted to match the new Medical Office Building (MOB), and would be considered screened from all adjacent public sites. Staff found a special condition exists in that the mechanical equipment is self contained; there is no external ductwork or vents. Painting the mechanical equipment to match the MOB in effect does screen it from all the adjacent sites. Additional fencing or walls would be taller than the lBA Minutes May 17, 1999 3 equipment, being more obtrusive. Staff finds the applicant meets the spirit of the screening requirement for mechanical equipment. Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Randy Morris, Administrator for the hospital, presented this request and stated he would prefer the architects for the project present this case. Mr. Ron Bouse, architect distributed pictures of the rooftop equipment being discussed. He stated that his understanding of the intent of the zoning regulations is to screen unsightly rooftop equipment adjacent to residential properties. He believes they are meeting the spirit of the ordinance by painting the equipment. The majority of the homes surrounding the hospital are single story and he believes painting the equipment would screen the equipment sufficiently. Responding to a question, Mr. Bouse stated that the parapet is roughly two feet. After discussion among the Commissioners and Mr. Bouse, Chairman Duer called for additional proponents. Seeing none, he called for opponents. Seeing none the public hearing was closed. Mr. Schopper, seconded by Ms. Martin, moved to approve BA 99-04 allowing a variance to Section 645 - Mechanical Equipment, to allow the mechanical equipment to be painted to match the MOB. Mr. Schoppers reason for approval was the special condition pointed out by staff. The motion carried unanimously. 6. BA 99-05 PUBLIC HEARING TO CONSIDER THE REQUEST OF RICKY VINSON TO VARY FROM THE REQUIRED MASONRY ON A ROOM ADDITION ON LOT 17, BLOCK 16, NORTH RICHLAND HILLS ADDITION. (LOCATED AT 4709 DEVILLE DRIVE) APPROVED Ms. Ratcliff explained that staff recommends the board deny this request as submitted by Ricky Vinson to the Cjty of NRH Zoning Ordinance No. 1874, Section 600.A.Table 6-1, Masonry Requirement for Residential Buildings, which states the minimum required percentage of masonry coverage on the exterior wall surface of the addition as viewed from each elevation shall be 75% in the R2-Single Family Residential district, for property addressed as 4709 Deville Drive and legally platted as Lot 17, Block 16, North Richland Hills Addition. The ZSA Minutes May 17,1999 4 i requested variance is to allow an enlargement of an existing residential structure that does not provide the amount of masonry, which matches the adjacent surfaces of the existing structures as shown on the pictures. If approved it would allow an enlargement to an existing single family structure that provides less than the allowed exemption. Ms. Ratcliff stated that one letter of support had been received from a surrounding property owner; a letter of opposition has also been received. Both letters were in the Commissioners packets. She stated that the applicant has provided pictures and a site plan showing how the backyard will be laid out, including landscaping. Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Ricky Vinson presented his request. He gave an overview of the case, submitting pictures and packets of material he wanted the Board Members to see. Much deliberation ensued. Chairman Duer called for additional proponents. Proponents of this case included: +Mr. Harold Schubert, 4613 Deville Drive +Mr. Tim Mason, 4704 Deville Drive +Ms. Dorothy Mason, 4705 Deville Drive +Mr. Robert Stevens, 4713 Deville Drive Seeing no additional proponents, Chairman Duer called for opponents. Seeing none the public hearing was closed. Mr. McCain stated that he would like to move to approve this variance to Section 600.A.Table 6.1 - Masonry Requirement for Residential Buildings to allow an enlargement to an existing single family structure that provides less than the allowed exemption, in that it is not contrary to the public interest, it's due to a special condition in the masonry requirements that Mr. Vinson can not make and feels a literal enforcement would result in unnecessàry hardship and so that the spirit of the ordinance is observed' and substantial justice is done. Mr. Schopper seconded the motion and it carried with a vote of 4 - 1. Messrs. McCain, Duer, Schopper and Ms. Martin were in favor of the motion. Mr. Christensen was opposed. Mr. Christensen stated his opposition of approving this case. ZBA Minutes May 17,1999 5 l The consensus of the remaining board members was that special consideration should be given to the masonry requirements where homes 40 years or older are concerned and they asked staff to forward these concerns on to the Planning & Zoning Commission for their consideration. 7. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 9:00p.m. Chairman Tom Duer ZBA Minutes May 17, 1999 6 The consensus of the remaining board members was that special consideration should be given to the masonry requirements where homes 40 years or older are concerned and they asked staff to forward these concerns on to the Planning & Zoning Commission for their consideration. 7. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 9:00p.m. vim • Chairman Tom Duer ZBA Minutes 6 May 17, 1999