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HomeMy Public PortalAboutZBA Minutes 2005-04-19a~ CITY OF RICHLAND HILLS, TEXAS 817) 2~9-1870 • 3200 DIANA DRIVE •RICHLAND HILLS, TEXAS • 761 18 COMMCINITY DEVELOPMENT REGULAR MEETING MINUTES CITY OF RICHLAND HILLS ZONING BOARD OF ADJUSTMEN'C TUESDAY, APRIL 1.9, 2005 1. CALL TO ORDER Chairman Brantley called the meeting to order at 7:30 p.m. Regular members present were Al Hamilton, William Fey, Chairman Malvin Brantley, Joe Moore, and Eddie Leon Nelson. Staff members in attendance were Howard Gregory, Director of Community Development and Linda Clontz, Recording Secretary. 2. APPROVAL OF THE MARCH 21, 2005 SPECIAL MF,ETING MINUTES Member Fey noted an error on page 3, near the bottom of the page. Instead of `the reason shy', it should say `the reason why'. Motion: A motion was made by Member Fey and seconded by Member Moore to accept the minutes with the aforementioned correction. The motion carried unanimously by a voice vote of 5 to 0. 3. CASE NO. 02-OS REQUEST FOR VARIANCE UNDF,R SECTION 90-52(3) OF THE CITY OF RICHLAND HILLS ZONING ORDINANCE TO ALLOW OWNER TO VARY FROM THE DEVELOPMENT CONTROLS SET FORTH IN CHAPTER 90, SECTION 90-293 "NONRESIDENTIAL DISTRICTS"(A), IN THE C-2 COMMERCIAL DISTRICT, ON PROPERTY LOCATED AT 3250 SCRUGGS PARK DRIVE, TRACT 2A, MATTHEWS RESUBDIVISION (REQUESTED BY LORI BUSWOL.D -LADYBUG SNO SHACK) Chairman Brantley explained what an appeal is and the procedures that the Board follows: "An appeal for a variance. Basically the definition ot~ a variance is when a person feels the literal enforcement of a zoning ordinance results in an unnecessary hardship developing the land. It is not intended for special privilege for one piece of property and not another. A variance shall not be granted to relieve a self created or Printed on Recycled Paper CITY Zoning Board of Adjustment Regular Meeting Minutes April 19, 2005, Page 2 personal hardship, nor shall a variance be granted for financial reasons. Following the procedures that we follow, since our Board is a quasi judicial body, any decision must be in conformity with the provisions of the statutes of the State of Texas. An appeal of a decision of this Board must be presented to a Court of Record in District Court within ten days. Regulations require that all those giving pertinent testimony are to be sworn in. Applicant is to be sworn in and give justification for the variance request. Number two, then we will hear from others that wish to speak in favor of the variance. Number three, we will hear from others that wish to speak against the variance. And then the applicant will have the opportunity for rebuttal and answer any questions that may arise. Board members may ask any questions at any time they have to clarify any questions that they may have. This variance request is for a variance on a masonry wall that is required by our ordinance, which states `where a commercial property abuts a residential property'. Lori Buswold, of 7609 Richland Road, in Richland Hills, was sworn in: "Gentlemen, what we are planning to propose, with Planning and Zoning and the City Council, is to put a shaved ice, or snow cone and snack shop on that property. It is a self contained building, it's a portable building, and will only be there for six months out of the year. We'll be there, hopefully, from May till October, and we have been told by Planning and Zoning in apre-meeting that come October 31 S`, when our permit would tentatively be completed, that we need to be completely gone. The building, any tables, chairs, anything that would have to do with that business needs to be completely gone. That being one of the first reasons, that a masonry wall, obviously we'd not be able to get rid of with just a short time there. Secondly, there is an existing wall on the farthest part away from where we are on the property. It is a wooden fence, as opposed to a masonry one, but there is an existing wall. But again, that being the primary reason, we will be only there for six months. And, the lease that we have with the school board is for a three month trial basis. And, at the end of the first three months, then, they were going to decide if they wanted to extend our lease another three months. At the very least, I would request if not a permanent variance, at least a variance for the first year that we occupy the property." Member Fey: `Mr. Gregory, did we get any letters back?" Mr. Gregory: "We sent out eleven, sir, and we had no responses." Member Moore: "As viewing it from the highway, the only residential lot next to you is on the south side where that fence is, and there's some shrubbery. The west side is commercial." L. Buswold: "The residential property is not visible at all, because there is the fence, and there is a huge amount of shrubbery." Member Moore: "Have you talked to the owner of that propert}~?" Zoning Board of Adjustment Regular Meeting Minutes April 19, 2005, Page 3 L. Buswold: "Yes we did actually. We approached them approximately two weeks, two and a half weeks ago we went and spoke with them, and they absolutely loved the fact that there would be a snow cone and ice cream shop next to their house...did not want a masonry wall there. They were completely content with a wooden wall, a wooden fence that was there already...did not see a need for it." Member Hamilton: "Chairman, I have a question, please. Exactly where on the lot is your building going to be located?" L. Buswold: "I believe we included a chart." Member Hamilton: "I've got a little drawing. Is that what this blacked in area here is?" L. Buswold: "Yes, Richard could you please show them." Richard Buswold; "That is approximately the location of our portable building, and we're only going to be using the front parking lot. This is not going to be used at all." Member Hamilton: "What is the size of the stand?" R. Buswold: "Six feet by ten feet." Chairman Brantley: "What hours are you going to be operating'?" L. Buswold: "No later than nine o'clock on the weekdays, more than likely it will be an eight o'clock on the weekdays. Once summer hits we'll stay open till nine, and during school days we would open no sooner than two. And during the weekends and during the summer we would open at one. And, we"d be closed on Sundays." Chairman Brantley: ``I' m a little concerned about putting a snow cone stand there at all, because the school kiddos coming out of school." L. Buswold: "That was one of the things that we looked at. It actually is fairly advantageous. There's a crosswalk between the school and the building and the property, on Scruggs. There's also a crosswalk with a crossing signal between the new housing development across Baker and the property, which made it far safer than any other property we had looked at because, again, there were crosswalks and crossing signals. And, during school times, there are crossing guards at both intersections. In fact, the idea of having crossing guards there was something that drew us to the property, in a considerable way." Chairman Brantley: "Well, as this is the Zoning Board of Adjustment, our main concern is on that masonry wall, under section 90-293, which reads `Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use, or district shall be screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use. Such screening shall be not less than six feet (6') in height and shall be limited to a decorative masonry wall'. The only thing that the Board of Adjustment is really concerned about is the separation of the commercial property from the residential property." L. Buswold: "And, it is completely separated by the two factors, being the wall that exists, which is at least eight feet of fencing, an eight foot fence, and then the fourteen feet of dense shrubbery that reaches anywhere from fifteen to twenty feet high." Member Moore: "The code as I read it addresses, although it does not speak as such, addresses a permanent facility. I can't conceive of a masonry wall being required for Zoning Board of Adjustment Regular Meeting Minutes April 19, 2005, Page 4 temporary occupancy. Since the code itself doesn't address temporary occupancy, how it would be fenced off, I would have difficulty in enforcing the masonry wall if the Planning and Zoning goes along with everything else that they're doing." Member Fey: "Aren't you about a hundred feet, though, according to this drawing, about a hundred feet from that fence?" L. Buswold: "We are more than a hundred feet from that fence, actually. Well, from ninety-nine feet from where the trailer is to where the fence is. And, if it would make a difference, we can put it even further. We can put it from. where the corner it's in right now in the parking lot, where we have in the drawing, we can put it in the corner closest to Baker if that would make a difference." Member Hamilton: `°Mr. Gregory, are there any other situations similar to this in the city now, where there's temporary business?" Mr. Gregory: "As far as I know, this is the only one." Chairman Brantley: "I don't know of too many of our ordinances that have any specific references to building as far as ...... Do you know of any? Mr. Gregory: (Inaudible.) Member Hamilton: "Is this something you're planning on doing year after year after year?" L. Buswold: "Hopefully, yes. If it works out this first year, if it seems that it's a good demographic area, and that sales are good. It's a beautiful location and I'd love to be able to serve my own community, so yes, it would be. But, again, it would never be for more than six months at a time. That's all that the special use permit allows at any given point, so it would only be from May to October at any given time. And, of course we would maintain the property as it is. We would not take down what exists or change what's there at this point." Chairman Brantley: "This has nothing to do with this hearing here tonight, or the zoning, it's just for my own information. Are you going to be in compliance with the health department`?" L. Buswold: "Absolutely. In fact, I'm very proud of that fact." Chairman Brantley: "Even as far as restrooms are concerned?" L. Buswold: "Yes. We obtain a letter from, it has to be a business within five hundred feet, that will allow us to use the restroom. We have that signed and dated, and we have to maintain the hours, the business or location that we choose to use the restroom has to be open the hours that we're open, has to be available the hours that we're open, and that would not be a problem in any way. As far as our facility, it surpasses State requirements for health and cleanliness. I'm just real proud of the fact that we have a very good rig." Member Hamilton: "What are you going to make, snow cones and ice cream? Well, it'll be snow cones, I won't carry any dairy. That's a whole other ball park, but I would carry snow cones and the fruit and juice popsicles, and possibly some small candy snacks." Chairman Brantley: "Are there any other questions, or discussion? The chair will entertain a motion." Zoning Board of Adjustment Regular Meeting Minutes April 19, 2005, Page 5 Motion: A motion was made by Member Fey to approve the variance request, and seconded by Member Moore. The Commission was polled Member Fey - "Yes." Member Hamilton - "Yes." Chairman Brantley - "Yes." Member Moore - "Yes." Member Nelson - "Yes." The motion carried unanimously, 5 to 0. L. Buswold: "Thank you very much gentlemen." 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, the meeting was adjourned. Linda Clontz, e diri ~~ cretary Malvin Brantley, Chairman