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HomeMy WebLinkAboutZBA 1998-12-15 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS DECEMBER 15,1998 -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 Paul Young Perry Christensen Jim McCain Absent Bill Schopper Cindy Martin City Staff Planner Recording Secretary Christopher Baker Valerie Taylor 3. CONSIDERATION OF MINUTES OF NOVEMBER 19, 1998 APPROVED Mr. Christensen made the motion, seconded by Mr. McCain to approve the minutes of the November 19, 1998 meeting. The motion 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 December 15, 1998 1 4. BA 98-35 PUBLIC HEARING TO CONSIDER THE REQUEST OF AIMEE FERRELL TO ENCROACH THE FRONT BUILDING LINE ON LOT 2, BLOCK 8, RICH LAND HILLS WEST ADDITION. (LOCATED AT 6552 JERRELL) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Ms. Aimee Ferrell presented this request. She explained that they had constructed a carport because they are planning on enclosing their garage to make an additional bedroom. She understood that they would have to provide 2 covered parking spaces and constructed a carport without a permit. She is now requesting a variance to allow this carport to encroach the front building line. Responding to a question, Ms. Ferrell stated that they were requesting a variance for the garage enclosure as well. Mr. Baker stated that the public notice did not say anything about a carport, so the only thing the board could consider was the front building line encroachment. The variance for the garage conversion will be heard, at no charge in January. Ms. Ferrell presented the board with a petition signed by her immediate neighbors supporting the variance request. She also submitted pictures of carports in the immediate area that appeared to be in violation as well. Chairman Duer stated for the record that staff had received 5 letters of support from neighbors that could not attend the meeting. These letters were a part of the board members packets. Chairman Duer called for additional proponents. Mr. Robert Thatcher, 6534 Jerrell spoke in favor of this request, stating that the carport is not an eye sore for the neighborhood and that they should be allowed to keep the carport up. Mr. Brandon Ferrell stated that when he took out his accessory building permit, he was told that before he could convert his garage, he would have to provide two covered parking spaces. So, he constructed the carport to provide for this requirement, without a permit and without understanding there are zoning regulations. Seeing no additional proponents, and no opponents, the public hearing was closed. ZBA Minutes December 15, 1998 2 Chairman Duer stated that this kind of decision is the hardest to make. The Ferrell's have already invested a substantial amount of money in this carport. However; the City Council has said that they would be upgrading the carport regulations to ensure more quality material and construction. Chairman Duer stated that because City Council has made their feelings on carports clear, it was going to come to the point where this board denies every carport. He stated that the only way he could approve this case is if the Ferrell's would execute a covenant stating the carport structure and concrete would be removed before the Ferrell's moved or sold the property. The Ferrell's stated they would be willing to execute a covenant. Chairman Duer moved to approve BA 98-38 provided the carport and additional concrete that was poured will be removed upon change of ownership. Mr. Young seconded the motion and the vote was 2 - 2. Messrs. Duer & Young were in favor of the motion and Messrs. Christensen and McCain were opposed. The motion died due to the vote. Mr. Baker stated that the Ferrell's have 30 days to bring the property back into compliance. Mr. Ferrell asked why his neighbor's were allowed to keep their carports up. There was never permits issued on those carports. He believes that the City should be consistent in the enforcement of this code. Chairman Duer explained that there is not enough staff to police a city this large. There are only 2 code enforcement officers employed with the City. Additionally, citizens have the right to contact Code Enforcement themselves. He also suggested that citizens speak with the Council members regarding their feelings on the carport rules and ask for some kind of consistency. Chairman Duer made a motion to extend the Ferrell's compliance time for 60 days. Mr. Young seconded the motion and it carried unanimously. Chairman Duer asked the board members if they would be willing to have a special meeting in January to hear the Ferrell's garage enclosure case. All board members agreed they would conduct a special meeting for the Ferrell's garage conversion on January 7, 1999. The Ferrell's will not pay an additional fee. ZBA Minutes December 15, 1998 3 5. BA 98-37 PUBLIC HEARING TO CONSIDER THE REQUEST OF FORREST JOHNSON TO VARY FROM THE FRONT YARD FENCE REGULATIONS ON LOT 1, BLOCK 4, HEWITT ESTATES. (LOCATED AT 7520 HEWITT STREET) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Forrest Johnson explained that he would like to construct a 5' wrought iron fence in the front of his property for security reasons. He explained that his neighbor to the west has a 6' wooden fence, which a variance was granted for. Mr. Johnson is proposing to line up his wrought iron fence with his neighbors stockade fence. Mr. Johnson doesn't want to use the required brick columns on the proposed fence because of the many trees in his front yard. Responding to a question, Mr. Johnson stated there will be two gates across the driveway; one would be electric and the other will be pad locked. Mr. Christensen asked if the applicant would be willing to install brick columns on each side of the gate and Mr. Johnson stated he would not be opposed to this. Mr. Christensen asked if the fire department had any comments concerning the gates limiting access in emergencies if the residents weren't home. Mr. Baker stated after contacting the fire department, he believes a Hold Harmless Agreement should be executed if this variance is granted. Mr. Young asked if this fence were built to code, wouldn't the fence still prevent access. Additionally, if that's the case is everyone with that type fence required to execute a Hold Harmless Agreement. Mr. Baker stated that it is easier for the fire department to get a water hose over the 4' fence than it would be a 5' fence. Mr. Johnson stated that he would have to check with his insurance company regarding the Hold Harmless Agreement. Mr. Nelson, a fence contractor for Mr. Johnson stated that a nox lock could be installed, which is fire department approved pad lock, which all fire departments have a common key for. This lock could be installed on the manual gate discussed earlier. That way the fire department would have access and a Hold Harmless Agreement wouldn't be required. ZBA Minutes December 15, 1998 4 Mr. Johnson stated he was much more concerned with fire personnel getting access than locking the gate; his primary concern is stopping the people from using his circular drive as a turn around. Chairman Duer called for additional proponents. Mr. William Lusby, 7524 Hewitt, spoke in favor of this request. Seeing no additional proponents and no opponents, the public hearing was closed. Mr. Young moved to approve BA 98-37 with brick columns on each side of the two gates and provide adequate access for the fire department. Mr. McCain seconded the motion and it carried unanimously. ZBA Minutes December 15, 1998 5 6. BA 98-38 PUBLIC HEARING TO CONSIDER THE REQUEST OF MARK MENG TO ENCROACH THE FRONT BUILDING LINE FOR A PORCH COVER ON LOT 1, BLOCK 1, NORTH RICHLAND HILLS ADDITION. (LOCATED AT 4221 VANCE ROAD) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Mark Meng, applicant, stated he wants to install a 6' x 8' front porch to his home. It will be an entry way into the home. The cover will hang over just enough to cover the entryway. He stated the brick would match the brick on the house and he will concrete the stairs. Chairman Duer called for additional proponents, seeing none and seeing no opponents, the public hearing was closed. Chairman Duer stated that 5 letters of support had been received from neighbors and were included in the board members packets. Mr. Christensen, seconded by Mr. Young, moved to approve BA 98-38 provided the columns are brick. ZBA Minutes December 15, 1998 6 7. STAFF REPORT There was nothing to report. 8. CITIZENS COMMENTS There were none. 9. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:30 p.m. 7~ó~ Chairman Tom Duer ZBA Minutes December 15, 1998 7