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HomeMy WebLinkAboutZBA 1998-02-19 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHlAND HillS, TEXAS FEBRUARY 19, 1998 - 7:30 P.M. 1. CAll TO ORDER The meeting was called to order by Chairman Duer at 7:30 p.m. 2. ROll CAll Present ZBA Members Chairman Dr. Tom Duer Paul Young Cindy Martin Jimmy Bellomy Perry Christensen City Staff Director Planner Recording Secretary Plans Examiner Barry LeBaron Christopher Baker Valerie Taylor P. J. Skare 3. CONSIDERATION OF MINUTES OF JANUARY 15, 1998 APPROVED Ms. Martin made the motion; seconded by Mr. Christensen to approve the minutes of the December 18, 1997 meeting, subject to a change pointed out in orientation. The motion carried 5 - O. Chairman Duer explained that this board consists of five voting members and it requires four affirmative votes in order for a variance to pass. 1 4. BA 97-41 PUBLIC HEARING TO CONSIDER THE REQUEST OF FRANK LOW TO VARY fROM THE RESIDENTIAL-PARKING REQUIREMENTS AND MASONRY REQUIREMENTS FOR LOT 15, BLOCK 1, EMERALD HILLS ADDITION. (LOCATED AT 5625 GALWAY LANE) TABLED 12/18/97 DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Ms. Izella Gunter, daughter of the applicant, presented this request. She explained that they have started legal proceedings against the contractor responsible for this situation. She explained there are certain code violations as well as the non-conformance issues left by this contractor and she doesn't have the money to make the corrections at this time. Ms. Gunter informed the Board that Craftmaster's registration has been revoked in the City by the building inspections department. Ms. Gunter is a single mother and cares for her elderly father as well and believes this contractor saw an opportunity to take advantage of the situation. She has paid him for a major portion of this work and in her litigation against him, she is asking for reimbursement. Ms. Gunter stated that regardless of the outcome, she would find a way to bring her home back into conformance. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Christensen stated that this family has some definite hardships and believes this contractor has grossly taken advantage of them. Ms. Martin stated that she agreed and would like to find a solution that would help Ms. Gunter with her litigation as well as bring her home into conformance. Chairman Duer stated that indefinite delays don't work, things fall through the crack. Responding to a question, Ms. Gunter stated that her lawyer hasn't informed her as to how the variance request would affect her legal proceedings. After much discussion the Board agreed that they could allow Ms. Gunter six (6) months for corrections to be made, that would be sufficient time for the legal proceedings to take place and find out an outcome. 2 Mr. Young made the motion to deny BA 97-41, allowing six (6) months for corrections to be made, or if Ms. Gunter has to return after that, waiving the application fee. Ms. Martin seconded the motion and it carried 5 - O. Ms. Martin, Messrs. Young, Duer, Bellomy and Christensen were in favor of this motion. 5. BA 97-46 PUBLIC HEARING TO CONSIDER THE REQUEST OF CHANDLER SIGNS, INC., TO ALLOW ADDITIONAL SQUARE FOOTAGE ON AN EXISTING SIGN FOR LOT AR, BLOCK 6, CRESTWOOD ESTATES ADDITION. (LOCATED AT 7501 DAVIS BOULEVARD) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Jim Hagel, Chandler Signs, presented this request. He distributed pictures for the Board members showing the 34 square foot sign for Norwest Bank that has been placed on the existing Winn Dixie sign. He informed the Board that the sign was erected without a permit being obtained and apologized for this. Mr. Hagel believes that Norwest Bank would suffer a hardship if not allowed to keep this sign because no one will know they are there. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Mr. Christensen believes the Sign Ordinance was established for a reason and doesn't believe a hardship exists. Mr. Young made the motion to approve BA 97-46 provided no additional signage is allowed along Starnes Road. Mr. Bellomy seconded the motion and it carried 4 - 1. Ms. Martin and Messrs. Bellomy, Young and Duer were in favor of this request. Mr. Christensen was opposed to this request. 3 6. BA 98-01 PUBLIC HEARING TO CONSIDER THE REQUEST OF BECKY EVANS TO CONSTRUCTACARPORTOVER THE FRONT BUILDING LINE ON LOT 2, BLOCK 2, HILLVIEW ADDITION. (LOCATED AT 6903 BRILEY DRIVE) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Donny Evans presented this request and explained that he is seeing protection for his vehicles. He drives a stretch cab duly pickup truck and requires a larger than normal carport. He is requesting a 20 x 20 carport that will be of aluminum construction. Responding to a question, Mr. Evans stated that he would be willing to reduce the carport to 18' in length. Chairman Duer called for additional proponents. Mr. Louis Doyle, 6907 Briley Drive was in favor of this request. Chairman Duer called for any opponents. Seeing none, the public hearing was closed. Mr. Bellomy made the motion to approve BA 98-01 with an 8' maximum encroachment on the front building line. There was no second, and the motion died. BA 98-01 was denied. 7. BA 98-02 PUBLIC HEARING TO CONSIDER THE REQUEST OF RONALD BARFIELD TO ALLOW ENCROACHMENT ON A SIDE BUILDING LINE ON LOT 1, BLOCK 6, BRANDONWOOD ESTATES ADDITION. (LOCATED AT 7928 HEA THERBROOK DRIVE) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Ronald Barfield presented this request. He distributed a plot plan and floor plan for the proposed home. He explained that corner lots in this subdivision are required to have rear entry garages. This particular floor plan has a three-car 4 garage, which is standard for homes in this price range. Mr. Barfield stated that this particular floor plan would not fit on any interior lots. This lot will be utilized as a model home. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. Chairman Duer made the motion to approve BA 98-02. No second was made and the motion died. BA 98-02 was denied. 8. BA 98-03 PUBLIC HEARING TO CONSIDER THE REQUEST OF GLEN CARLEN OF KEYSTONE BODY SHOPO TO CONSTRUCT A CARPORT OVER THE REAR BUILDING LINE ON LOT 2, BLOCK 1, HENRY ADDITION. (LOCATED AT 3936 FLORY STREET) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Shelby Holly presented this request. He explained that the carport was needed to provide coverage for Huggins Honda's racecars; insurance requires these cars be covered. Mr. Shelby stated that no other location on the lot is feasible, since they would be intruding on existing fire lanes. He is requesting a 26 x 100 carport, the width being consistent with the rear of the existing building. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none, the public hearing was closed. No motion was made, BA 98-03 was denied. 9. BA 98-04 PUBLIC HEARING TO CONSIDER THE REQUEST OF MICHAEL YOUNG TO VARY FROM THE HEIGHT REGULATIONS FOR AN ACCESSORY BUILDING ON LOT 22, BLOCK 90, FOSTER VILLAGE ADDITION. (LOCATED AT 6709 GREENLEAF DRIVE) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. 5 Mr. Michael Young distributed literature outlining his project and 10 letters from adjoining property owners stating their support for this variance. He explained that he had obtained a building permit and believed he was adhering to the rules of the City: Upon a required decking inspection,' he learned that he had exceeded the height restriction by 1 '9" and the job was placed on hold. Mr. Young has spoke with every neighbor within 200' and hasn't received any negative responses. This is a 192 square foot accessory building with a loft. Chairman Duer called for additional proponents. Mr. Stan Horton, 6700 Dogwood Lane, stated that as long as no windows are placed on the upper portion on the west side of the building, he is in favor of this req uest. Seeing no more proponents, Chairman Duer called for any opponents. Seeing none, the public hearing was closed. The Board discussed different options for lighting and ventilation to avoid the installation of any windows. Mr. Christensen made the motion to approve BA 98-04 provided that no windows would be installed on the second level, unless they are on the south side of the building. . Ms. Martin seconded the motion and it carried 5 - O. Ms. Martin and Messrs. Christensen, Young, Bellomy and Duer were in favor of this request. 10. BA 98-05 PUBLIC HEARING TO CONSIDER THE REQUEST OF WILLIAM HALL OF TREATS INVESTMENTS, INC., TO VARY FROM THE SIGN REGULATIONS FOR AN OVERSIZED AND PROTRUDING ROOF SIGN ON LOT 1, BLOCK 2, CENTURY OAKS ADDITION. (LOCATED AT 6605 PRECINCT LINE ROAD) DENIED 1/15/98 APPROVED Mr. Bill Hall presented this request. He explained that the front of the building to the street is approximately 75'. Clearly no visibility problem would exist at that distance. Mr. Hall additionally stated that they are willing to decrease the height of the proposed pole sign to 16' from 25'. He believes this will be less obtrusive signage. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. 6 Mr. Jim Maden, 6700 Crane Road, was opposed to this request. He believes it will lower property values and fears the Board would be setting precedence. Seeing no additional opponents, the public hearing was closed. Very lengthy discussion ensued regarding existing sign regulations and exactly what part of it is being varied from, as well as what parts of the Dairy Queen facade are actually signage, and what part are actually part of the building. Mr. LeBaron pointed out that this property falls within the Mid-Cities Overlay Zone, where sign regulations were decreased last fall. A pole sign can not exceed 25' in height and 100 square feet in area. Ms. Martin believes the protruding ice cream cone is actually part of the building and should not be considered as signage any way. She believes the applicant has demonstrated his willingness to work with the Board by moving the building back as he has done. She believes more cases such as this will be presented, and this issue will have to be dealt with sometime. Responding to a question, Mr. LeBaron stated that with the current sign regulations and Dairy Queen's corporate logo requirements, no Dairy Queen could be built in the City. Mr. Charles Mayberry, 6353 Skylark Circle, believes that the City should re- evaluate their sign ordinance to incorporate more signs like this. Additional, lengthy number crunching took place trying to resolve this issue. After much deliberation, Chairman Duer made the motion to approve BA 98-05 with the building signage as presented and, allowing a 6' maximum height and 100 square foot area monument sign. Ms. Martin seconded the motion and it carried 4 - 1. Ms. Martin, Messrs. Duer, Bellomy and Young were in favor of this request. Mr. Christensen was opposed to this request. 7 11. BA 98-06 PUBLIC HEARING TO CONSIDER THE REQUEST OF RA YLENE FRENCHAK TO ALLOW REAR YARD ENCROACHMENT FOR THE CONSTRUCTION OF A CARPORT ON LOT 3, BLOCK 2, CENTURY OAKS ADDITION. (LOCATED AT 7336 RED OAK DRIVE) DENIED Chairman Duer opened the public hearing and asked the applicant to come forward. Bruce Frenchak presented this request. He distributed pictures showing his property and a letter supporting this request from his neighbor at 7337 Century Drive. He explained that the turning radius of his driveway doesn't allow him to get his glass truck into the garage. Chairman Duer called for additional proponents. Seeing none, he read off the seven names of opponents that had written letters in opposition to this case and then he called for any opponents. Gary Bremmer, 7332 Red Oak Drive spoke in opposition to this request. Seeing no additional opponents the public hearing was closed. Chairman Duer made the motion to approve BA 98-06 to allow a 2 % maximum encroachment with the brick and roof to match the home. Ms. Martin seconded the motion and the vote was 3 - 2, so it failed. Ms. Martin, Mr. Young and Mr. Duer were in favor of this request. Messrs. Bellomy and Christensen were opposed to this request. 12. BA 98-07 PUBLIC HEARING TO CONSIDER THE REQUEST OF WAYNE HERNDON TO VARY FROM THE SIGN REGULATIONS TO ALLOW AN OVERSIZED SIGN AND OFF-PREMISE ADVERTISING ON LOT 13, EDGLEY ADDITION. (LOCATED AT 7504 GRAPEVINE HIGHWAY) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Wayne Herndon presented this request. He explained that he is currently constructing a new facility at 4174 Willman Avenue. In the process of 8 purchasing this property, he acquired two (2) non-conforming signs, one of which advertises North Hills Tires. This one fronts on Grapevine Highway and is the sign in question. Mr. Herndon proposes to move this sign from the west side of the lot to the east, allowing'access to the back area, which will be common parking for North Hills Tires and Cool Air. Additionally, he will remove the reader board, and add a Cool Air sign on top of if. The sign is currently 124'; with requested changes, the sign will be 110'. Responding to a question, Mr. Herndon stated that the sign on Willman Avenue will be 40 square feet on a pole. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none the public hearing was closed. Mr. Christensen made the motion to approve BA 98-07 with a maximum height of 23', maximum sign area of 100 square feet on Grapevine Highway and the Willman Avenue sign not exceed 40 square feet. Mr. Young seconded the motion and it carried 5 - O. Messrs. Christensen, Young, Bellomy, Duer and Ms. Martin were in favor of this request. 13. PUBLIC HEARING TO CONSIDER THE REQUEST OF CHARLES MAYBERRY TO VARY FROM THE FRONT BUILDING LINE REQUIREMENTS ON LOT 20, BLOCK 10, MEADOW LAKES PHASE III ADDITION. (LOCATED AT 6353 SKYLARK CIRCLE) APPROVED Chairman Duer opened the public hearing and asked the applicant to come forward. Mr. Charles Mayberry presented this request. He explained that this is a pie shaped lot on Iron Horse Golf Course with just over 48 linear feet on the front. It is his understanding that when you build on a lot shaped like this the building has to be made longer or stretched out. Chairman Duer called for additional proponents. Seeing none, he called for any opponents. Seeing none the public hearing was closed. Mr. Young made the motion to approve BA 98-08 with a 25' front building line, as requested. Mr. Bellomy seconded the motion and it carried 5 - O. 9 14. STAFF COMMENTS There were none. 15. CITIZEN COMMENTS There were none. 16. ADJOURNMENT There being no additional business to conduct, the meeting adjourned at 11 :40 p.m. ~ ') 1L- ,b~ Chairman Tom Duer 10