Loading...
HomeMy Public PortalAboutZBA Minutes 2005-03-21CITY OF RICHLAND HILLS, TEXAS 817) 299-1870 • 3200 DIANA DRIVE •RICHLAND HILLS, TEXAS • 761 18 COMMUNITY DEVELOPMENT SPECIAL MEETING MINUTES CITY OF RICHLAND HILLS ZONING BOARD OF ADJUSTMENT MONDAY, MARCH 21, 2005 1. CALL TO ORDER Chairman Brantley called the meeting to order at 7:30 p.m. Regular members present were Chairman Malvin Brantley, Joe Moore, William Fey, Al Hamilton, and Eddie Leon Nelson. Staff members present were Howard Gregory, Director of Community Development and Linda Clontz, Recording Secretary. 2. APPROVAL OF THE NOVEMBER 16, 2004 REGULAR MEETING MINUTES Motion: A motion was made by Member Fey, and seconded by Member Nelson, to approve the November 16, 2004 Regular Meeting Minutes, as presented. The motion unanimously carried. 3. CASE NO. O1-OS REQUEST FOR VARIANCE UNDER SECTION 90-52(3) OF THE CITY OF RICHLAND HILLS ZONING ORDINANCE TO ALLOW OWNER TO VARY FROM THE DEVELOPMENT CONTROLS SET FORTH IN SECTION 90-332(B) "SETBACKS" (2) (3), (C) "MATERIALS", 2), AND (A) "HEIGHT", AS AMENDED BY ORDINANCE NO. 1009-04, SECTION 1 AND 2, AND ALLOW OWNER TO ERECT AN ACCESSORY BUILDING IN THE R-1 RESIDENTIAL DISTRICT ON PROPERTY LOCATED AT 7036 HARDISTY STREET, BLOCK 14, LOT 7, RICHLAND HILLS ADDITION (REQUEST BY MR. RUSSELL TENNYSON) Chairman Brantley: "Our Ordinance requires, according to Section 90-332 (B) Setbacks", that the rear setback is five feet from the property line, and the side setback is five feet from the side lot line. On the materials, the ordinance requires that if it is over 440 square feet design, construction materials shall be consistent with the construction materials of the existing main structure. And, on the height, the maximum height is Printed on Recycled Paper CITY- Zoning Board of Adjustment Special Meeting Minutes March 21, 2005, Page 2 twelve feet, and may permit a height of over twelve feet, but in no case shall the accessory building exceed the height of the main structure. Mr. Russell Tennyson, of 7036 Hardisty Street, Richland Hills, was sworn in. I was wanting to put up a metal building. I want to do that because it's cheaper than doing the wood, and the size is how much room I need, to get two cars, and I do a little woodworking on the side, just piddling with wood, and I need room for saws and all that stuff " Chairman Brantley: "What is the size of the building that you are proposing?" Mr. Tennyson: "Thirty by forty." Member Hamilton: "How close is that coming to the easement?" Mr. Tennyson: "It will be eighty feet from the back, and five feet from the side." Member Fey: "You have a real deep lot there." Mr. Tennyson: "Yes." Member Fey: "I walked by there the other day, but I couldn't tell how deep it was. The neighbor's is pretty deep. How many square feet is your house?" Mr. Tennyson: (Inaudible) Member Fey: "Thank you sir." Member Moore: "Where on this would you be putting the building?" Mr. Tennyson: "At the back of the concrete drive. The garage that's on the house is only twenty feet deep and twenty one feet wide. You can't get a car in there." Member Fey: "You have a drainage channel across your yard, do you?" Mr. Tennyson: "In the back, yes." Member Nelson: "What is the height of it ...... the very top?" Mr. Tennyson: "Thirteen feet." Member Moore: "That would be built off of the concrete drive?" Mr. Tennyson: "Right, right." Member Moore: "How much setback would you have on the side?" Mr. Tennyson: "Five foot." Member Fey: "On the east side...that's right close to your property line, your house?" Mr. Tennyson: "Yes." Member Fey: "Looks like your house pretty well covered the lot to me." Mr. Tennyson: "The driveway, you've got a nine foot driveway up the side there." Member Nelson: "How close is that going to be to that power line, big power pole, to your house?" Mr. Tennyson: "Wow, I'd have to look at that picture. (Inaudible)" Member Nelson: (Inaudible) Member Hamilton: "To the top of your gable would be thirteen feet?" Mr. Tennyson: "Yes." Member Nelson: (Inaudible) Member Fey: "What's the height of your house?" Mr. Tennyson: "I didn't measure that." Zoning Board of Adjustment Special Meeting Minutes mow March 21, 2005, Page 3 Member Fey: "Most of them are about that, I think." Mr. Tennyson: "Let me think about that for a minute." Member Fey: "Mr. Gregory, did you send out a bunch of letters, I know you did, but did you get any responses?" Mr. Gregory: "Yes sir, eighteen letters, no responses.'' Member Fey: "Thank you.'' Member Moore: "You say this would be a steel building?" Mr. Tennyson: "Yes." Member Moore: "I believe our code, correct me if I'm wrong Mr. Gregory, requires that anything over 440 square feet match the residence. Is that correct?" Mr. Gregory: "Yes." Member Moore: "A steel building of over 440 square feet would not be acceptable under code, right? Have you considered that...the fact that the building would not be to code for the type of construction? You've got a masonry house, you'd have to have a basically masonry accessory building." Mr. Tennyson: "I was wanting to do the steel because it's cheaper. It stands ninety mile an hour winds." Chairman Brantley: "We can't grant you a variance for financial reasons, sir." Member Moore: "By law we're not allowed to grant variances on financial reasons." Chairman Brantley: "Also, for the record, I'd like to put in the record, Case number 02- 04 on 2-17-04, there was an application filed at 3662 Popplewell, zoned for R-1 Residential, appeal for variance on an accessory building, for height, and materials, and the Board denied his application by unanimous vote. Therefore, by the Laws of the State of Texas we cannot grant a variance for one property owner and not grant one to another. This application in the 2 of'04 was denied, for height and materials, therefore I see no way that we can grant your request." Mr. Tennyson: "Well, what if I put brick on the outside of it?" Member Nelson: (Inaudible) Mr. Tennyson: (Inaudible) Member Hamilton: "It states in here that a building over 440. square feet must not exceed the height of the main structure." Louellen Tennyson, of 7036 Hardisty, Ri hland Hills, was sworn in. What I was going to bring up, the reasoi~hy I took the time to take the pictures and everything, this is a very thin lot. There are three of them on that block that it seems are extremely narrow, and we're in the middle of the two of that whole block. This visual that you will see from the back, or looking from the front of the house to the back of the house, you will not be able to see much of the garage at all. And, this house is so small, so extremely small, the reason why we had ideals of even starting this project was to be able to have more living space. We're going to take in that garage and make it somewhat of a den. That is an extremely small house. When we bought the property four years ago, this was our dream, our goal, to be able to do this. If you'll look, because of the height and everything, we realized that maybe there was a very close issue with the Zoning Board of Adjustment Special Meeting Minutes err March 21, 2005, Page 4 height of the house as to the height of the garage. And, what we were trying to do was get the garage prepared so he can in turn get out and start working on the roof of the house because we feel like the roof of the house is too low too. And that is an issue that we have for the future. But, I have learned in my years of marriage that a man cannot do without a garage. And, each one of ya'll realize what we're talking about. If you take this away from us, we put it in the very best located spot, if it goes over to the right any more it's going to cover the rock wall, and it's going to really go over the drainage clean out. There is plenty of room on that left side, because I have trees and everything in a concreted area where you can see right down. It's not right up against the fence line. I've already had the telephone company come out and move that telephone line up where it would not be an issue of ever touching that building. I mean, we have done a lot of homework on this, and we feel like that we realize that we're here in a variance meeting to ask for special permission, and we feel like at this point we've got to have help. We can't make it any smaller if we're going to turn around and probably make the garage a taller garage, the house a taller house. It's probably one of the flatter houses in the neighborhood. But, we're also on a narrow lot. Keep that in mind. There's not going to be much of that garage that can be seen from the front, because as you went by our house sir, that you mentioned, when you walked by there, you can't see the back of the house that much at all. It's just a one small driveway. I had to stand up here and plead our case because we've done a lot. There is a drainage issue on the back of this property. I'm sorry that Mr. Barnes didn't make it here. He was supposed to be here on our behalf, to let you know that the City of Richland Hills has applied for a grant to help with the drainage issue in the back, because the back of this property floods terribly. This is a baked on enamel finish, this is not just a steel building that's going to stand there and rust, it's guaranteed against that. This is well made. We investigated a lot of companies. And, we feel like we've got the best. This is not a cheap building. This is not going to be built cheap at all. It's going to be really nice. And, with this type of space, my husband will have in there, he can better improve this house, and either we have to grow with adding onto the house, or we're going to have to move. It's just way too small for us. And that's why we came in four years ago with that drain. So that's all I have to say. I just wanted to make clear that ya'll know that the back of the property is a flood issue, it's a real problem. We have seen a flood up as high as the back part of the brick walk, or that rock walk. That's how high the water, but it would not even go near that building. So, we've talked to our neighbors, they had every opportunity to come down and protest. But, they all came over and, on the contrary, they said we're glad that you're doing something. So, I mean, they know the house is small, the lots are small, those three right together. I guess that's all I have to say, except that I really wish ya'll would consider that this is the here and now, and it can be more of a future for us here." Member Moore: "I certainly sympathize and appreciate your interest there. But, as the Chairman has expressed, our hands are tied by the code requirements. And, unless you meet the code requirements, we're not allowed to make any variance here for Zoning Board of Adjustment Special Meeting Minutes March 21, 2005, Page 5 consideration of cost. We certainly appreciate your desire to do that, but I don't see how, from my standpoint how we could do that." Mrs. Tennyson: "Has anyone ever challenged that ordinance?" Chairman Brantley: "Not that I know of. Like I say, we had a case back in February of last year, on Popplewell...." Mrs. Tennyson: "Do we know when the ordinance is dated?" Chairman Brantley: "No." Howard Gregory, Building Official for the City of Richland Hills: "What I would like to say is that, if I'm understanding the Board right, not granting this variance has nothing to do with the drainage issue on this property. If Mr. Barnes were here, what he would say is, `truly, yes, we have applied for grants on this drainage issue, and the applicants have an issue on the back of their property when it rains really hard, they do have a water problem back there', but what I want to say is that the denial of this application is not based on that drainage issue. Am I correct there, sir?" Chairman Brantley: "That's right." Mr. Gregory: "Thank you." Mrs. Tennyson: "Could I be clear as to why it's being denied? The clear reason as to why it's being denied." Member Hamilton: "We have a set of ordinances that are written by the City that we have to go by. Inhere it specifies material that has to be used on the outside of the building, and if the building is over a certain size it has to match the main structure, which would be brick in your case. You can't put a metal up due to our ordinances for that size. It also has a height restriction on it. It's to keep everything more uniform in the neighborhood where you don't have a hodgepodge of two story buildings here, and livestock being over here, and so on and so forth. So, what we have to do is go by the guidelines that are made by the Planning and Zoning Committee, or written in the ordinances that we have to abide by. What Chairman was saying is that we denied another request similar to this. So, by law we can't allow you to do it since we have denied someone else to do it on a similar basis. We are strapped to abide by these ordinances, since this is a quasi judicial board." Mrs. Tennyson: "So, the specific reason is the material match?" Chairman Brantley: "And the setback and the size." Member Hamilton: "There are really three things that are ...." Chairman Brantley: "All three variances you are asking for are exceeding what the ordinance will allow." Mrs. Tennyson: "Well, we did say the setback was due to the flooding. You are saying that it's not an issue, ...that it would not even be allowed ....because of the flooding. Is that what you're saying? Am I getting that message from you?" Member Hamilton: "I would have to check. There are certain things about putting buildings in flood zones. Are you in a flood zone?" Mrs. Tennyson: "We are not in a flood zone. We would not have bought the property if we were in a flood zone because we do not have to have any flood insurance and they did Zoning Board of Adjustment Special Meeting Minutes March 21, 2005, Page 6 not require it, and I can take that back to the mortgage company and get a letter from them." Member Hamilton: "Well, again, what I would deny it for are the three setback, the finish of the building due to the size of it, and also the height of it, which the drainage has nothing to do with it as far as I am concerned." Mrs. Tennyson: "The drainage has a lot to do with it." Member Hamilton: "Well, what I'm saying is that drainage has nothing to do with the reason we would deny your request. The other three facts that we have to abide by in the ordinances are preventing us from approving what you are requesting." Mrs. Tennyson: "May I please get that in writing?" Member Hamilton: "No ma'am." Mrs. Tennyson: "It's real important...I mean, we want to stay here as area neighbors like ya'll are neighbors to us also." Member Hamilton: "Well, you can check a copy of the ordinances at the Public Library." Mrs. Tennyson: "We did." Member Hamilton: "I can give you page numbers, all.. of that, and again, that's what we have to abide by. I'm not being sarcastic as to not giving it to you in writing, but that's what we have to go by, and it is in writing at the Public Library." Mrs. Tennyson: "No, I was speaking about the specific reasons why you were turning it down, was what you were saying....three items, the composition of the building, and then setbacks, and the height. So, if we were to challenge that and meet all of the requirements...we cannot move that building from the location we wanted. There's absolutely no way. You all are welcome to come to the property and see. And I am sorry that Mr. Barnes was not present because he has been on our property many times and flooding was the issue. I do not agree with what you all have mentioned to Mr. Gregory. That's not the truth there. We live there, we know. Flooding is the issue. Water has risen up that high on the property. The drainage is a very bad problem in the town and we all know that." Member Hamilton: "Well, I personally am very sympathetic to any flood issue. I live at beautiful Lake Richland Hills, off of Glenview. So, I'm sympathetic to any flooding problem you have, but like I was saying, to me that wouldn't influence my decision on what you have requested for a variance." Mrs. Tennyson: "There's nothing further to say." Chairman Brantley: "I'm going to repeat this again. You're asking for three variances, size of the building, setback of property line, and the construction. So, actually that's three variances you're asking for. Like I said, back last year, we denied an application for two of those same reasons. We cannot deny one property owner and then turn around and grant the same variance to another property owner.'' Motion: A motion was made by Member Moore and seconded by Member Hamilton that the request for variance be denied. The motion carried Zoning Board of Adjustment Special Meeting Minutes March 21, 2005, Page 7 unanimously, by a vote of 5-0. Chairman Brantley: "Let the record show that the vote was unanimous. The application for variance has been denied." 4. PERSONAL APPEARANCES (CITIZEN PARTICIPATION REGARDING NON-SCHEDULED ITEMS AFFECTING THE ZONING AFFAIRS OF THE CITY) There were none. 5. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned. Gv Linda Clontz, m S cretary c~L ~~~ -~-a-k.. ~ `~ Malvin Brantley, Chairman