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HomeMy WebLinkAboutZBA 1998-10-15 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 15,1998 -7:30 P.M. 1. CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:30 p.m. 2. ROLL CALL Present Chairman Dr. Tom Duer Dr. Rick Enlow Bill Schopper Perry Christensen Jim McCain Absent None City Staff Deputy City Mgr. Planner Recording Secretary Plans Examiner Randy Shiflet Christopher Baker Valerie Taylor P.J. Skare 3. CONSIDERATION OF MINUTES OF SEPTEMBER 17, 1998 APPROVED Mr. Schopper made the motion, seconded by Mr. Christensen to approve the minutes of the September 17, 1998 meeting. The motion carried unanimously with Messrs. Schopper, Christensen, Duer, Enlow and McCain voting in favor of this motion. 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 October 15, 1998 1 4. BA 98-31 PUBLIC HEARING TO CONSIDER THE REQUEST OF BRIAN HARRIS FOR A VARIANCE FROM THE SIX FOOT SIDE YARD REQUIREMENT AND THE 12' HEIGHT LIMIT TO CONSTRUCT A PERMANENT ACCESSORY STRUCTURE ON LOT 21, BLOCK 28-R, HOLIDAY WEST ADDITION. (LOCATED AT 5613 HAVANA DRIVE) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Brian Harris, applicant presented his request, explaining that he is requesting a variance for encroachment of 4' into the side yard and exceed the maximum 12' height limitation recently placed on accessory structures. He has constructed a fireplace in his back yard that sits 2' off the side yard and stands approximately 15'. He distributed pictures of the structure, explaining that they plan on constructing a swimming pool and thought it would be nice to have a fireplace to sit next to when getting out of the pool. He stated he chose this location because there are overhead power lines he was trying to avoid. It will have very limited use and is really just an architectural feature more than anything. He presented a survey signed by surrounding neighbors. Out of the 30 people affected, 20 people stated they had no problem with the structure. There were 3 vacant lots, 3 folks could not be reached and 4 with no opinion on the structure. He stated the base of the structure is 6' x 3' wide and 5' deep. He stated the structure could be used as a grill as well. The cap of the structure is screened and galvanized, not aluminum. Responding to a question, Mr. Harris stated that he would not be able to lower the height of the structure. Any less in height, there would be no air to draw on he explained. Mr. Baker stated that if the structure were 12' or less and it was located outside of the side and rear yard setback, Mr. Harris would not be in need of a variance. Seeing no additional proponents, and no opponents, the public hearing was closed. Mr. Schopper stated he is opposed to the height. The Council has placed a moratorium on anything in excess of 12' and with this structure sitting on the property line it looks even more imposing. He is opposed to this request. ZBA Minutes October 15, 1998 2 Mr. Harris stated that he could remove the spark stopper and the building would comply with the height limit. Mr. Baker stated that he has talked with the fire marshal and fire chief. They have no problem with the structure as long as the spark arrester is in place. Without the spark arrester, there will be fire code issues. Dr. Enlow made the motion to approve BA 98-31, provided the structure is brought to 12' in height, including the spark arrester, with the fire marshals approval; and grant the side yard variance. Mr. Harris asked if he could leave the structure at it's current height and install a screen in place of the actual fire arrester. Mr. Baker stated that no one in attendance was qualified to answer that question. The concerns stem from the fire department and they would have to make that determination. Mr. Christensen stated that after time a screen would deteriorate and allow sparks to exit. Mr. Enlow reiterated his motion, stating the fire marshal must approve the spark arresting capability of the structure. Chairman Duer seconded the motion. The vote was 3 - 2. Messrs. Enlow, Duer & McCain were in favor of this motion. Messrs. Christensen and Schopper were opposed. Chairman Duer explained that a vote of 3 - 2 does not carry. He informed Mr. Harris of his recourse, through the State District Court. 5. BA 98-32 PUBLIC HEARING TO CONSIDER THE REQUEST OF RONALD & DONNA DROMGOOLE TO VARY FROM THE FENCE REGULATIONS TO ALLOW A 6' WROUGHT IRON FENCE AT THE FRONT PROPERTY LINE WITH ONLY 2 BRICK COLUMNS AT THE ENTRANCE ON TRACT 6A3, W COX SURVEY, A- 321. (LOCATED AT 7001 SMITHFIELD ROAD) APPROVED Chairman Duer opened the public hearing and Ms. Dromgoole presented her request, explaining that they own this 6.4 acre-tract of land. They were recently burglarized and are requesting a variance in the 4' height limit for security reasons. The fence and gate that were originally there were at least 28 years ZBA Minutes October 15, 1998 3 old and in need of repair. The proposed fence will be wrought iron, 6' in height, with 2 brick columns at the entrance. The Dromgoole's have 386' of frontage. The gate will be electronic but have keypad access as well for emergency purposes. She distributed pictures and a drawing of the proposed fence, citing that the stone columns would match the columns on her house. The mailbox will be replaced with the same stone used on the columns. She stated the fence is $15,000. Seeing no additional proponents, and no opponents, the public hearing was closed. Mr. Schopper, seconded by Dr. Duer, moved to approve BA 98-32. The motion carried unanimously with Messrs. Schopper, Duer, McCain, Enlow & Christensen voting in favor of this request. 6. STAFF COMMENTS Mr. Baker informed the Board of the Town Center meetings being conducted the following. 7. CITIZEN COMMENTS There were none. 8. ADJOURNMENT Having no additional business to conduct, the meeting adjourned at 8:00 p.m. 7 ~. ~ Chairman Tom Duer ZBA Minutes October 15, 1998 4