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HomeMy Public PortalAboutZBA Minutes 2005-06-21CITY OF RICHLAND HILLS, TEXAS 817) 299-1870 • 3200 DIANA DRIVE •RICHLAND HILLS, TEXAS • 761 18 COMMUNITY DEVELOPMENT REGULAR MEETING MINUTES CITY OF RICHLAND HILLS ZONING BOARD OF ADJUSTMENT TUESDAY, JUNE 21, 2005 1. CALL TO ORDER The meeting was called to order at 7:30 p.m. by Chairman Brantley. Regular members present were William Fey, Eddie Leon Nelson, Joe Moore, and Chairman Malvin Brantley. Regular member Al Hamilton was absent. Staff members in attendance were Howard Gregory, Director of Community Development, and Linda Clontz, Recording Secretary. 2. APPROVAL OF THE APRIL 19, 2005 REGULAR MEETING MINUTES Motion: a motion was made by Member Fey and seconded by Member Moore to approve the April 19, 2005 Regular Meeting Minutes as written. The motion unanimously carried, 4 to 0. 3. CASE N0.03-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 CHAPTER 90, SECTION 90-332 (B) (3), AND ERECT AN ACCESSORY BUILDING IN THE R-1 RESIDENTIAL DISTRICT ON PROPERTY LOCATED AT 6720 FLO COURT, BLOCK 51, RICHLAND PARK ADDITION (REQUESTED BY ALVIN & CAROL DANIELS) Chairman Brantley explained what an appeal is and the procedures that the Board follows: "An appeal for a variance. Basically, the definition of 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 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 Printed on Recycled Paper cry _ Zoning Board of Adjustment Regular Meeting Minutes June 21, 2005, Page 2 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. The applicant was sworn in: My name is Alvin Daniels. I live at 6720 Flo Court in Richland Hills. The main reason that we would like this variance on the City Code is to clean our garage. We're at the point to where we haven't been able to park our vehicles in the garage for many years and it seems like every time we have a problem with the weather we jump in our car and we head for the mall and get under the mall buildings down there and we feel like if we could get our garage cleaned out, I've got several power tools that we could move around and make way for our automobiles, that it would certainly help us as far as ....it's getting to the point where it's getting harder and harder to make that trip to the mall. And, the area that we would like to put it in is in a no build zone, but actually part of our house is in that no build zone too, so evidently a variance was accorded the house builder when our house was constructed, and if we could put it where we would like to put it I think it would enhance our property and as far as working a hardship on us it definitely would not work a hardship on us, but it would help us out as far as helping us get some our good junk put away." Member Fey: "Is that a flood zone behind your house?" Mr. Daniels: "Well, what it is, according to the variance, twenty five feet in from the side streets is in the no build zone. It's on my property, but you measure in twenty five feet and that actually takes in a corner of our house and I just found out after trying to do this the right way that trying to get a permit and all, that area where I want to put it is in that zone that's twenty five feet in from the side street, so I don't know. We have a street all the way around our house." Member Fey: "Mr. Gregory, do you have an answer?" Mr. Gregory: "Yes sir, that's a twenty five foot building setback." Member Nelson: "How many letters were sent out?" Mr. Gregory: "About twenty three and there were no responses." Member Moore: "Mr. Gregory, I was looking at Section 90-332, Accessory Buildings, on page 106 of the Code, and I was trying to find that twenty five foot requirement. Where would that be in the Code?" Mr. Gregory: "It has to do with the subdivisions (inaudible). Member Moore: "That's subdivision requirement then and not a code." Mr. Gregory: "That's correct sir." Zoning Board of Adjustment Regular Meeting Minutes June 21, 2005, Page 3 Member Moore: "Is the proposed shed to be completed within the confines of your fence?" Mr. Daniels: "Yes. It's setback five foot from the fence and three feet from my house in the area that we would like to have it. In case of any problem, Malvin was down there the other day and took a look at it and said that would suffice for any problems if firemen should have to come in, in case of a fire or anything like that." Member Brantley: "What I was saying was, he's got that driveway which includes that court back behind which is open area. You have a street down the south side and around the east side going back north." Member Moore: "Mr. Gregory again. According to the sketch we see there, there's fourteen foot ten inches or something from the...I don't know whether that solid line is the street line, the curb line, or lot line. His house is set in fourteen feet or fourteen foot ten inches from the line to the house right now, so that is a violation right now?" Mr. Gregory: (Inaudible.) Member Nelson: "Are you going to put this shed on a slab or is it going to be on skids?" Mr. Daniels: "It's going to be a Tuff Shed, and it's going to metal girders on the bottom, and it's going to be concrete blocks that they're going to level it on." Olivia Ray was sworn in: I'm Olivia Ray and I live at 601 Meadowhill Road in Fort Worth, but I own property across the street on the corner of Matthews and Lavon. This has nothing personal to do with Mr. and Mrs. Daniels. There is a Texas Electric easement that runs across Lavon, and on further west, of which in the late 1960's my husband and I leased this from Texas Electric, and that's where the garden area is, and since that time we have kept this mowed because Texas Electric does not mow every week. And I bought the corner on Lavon and Matthews to keep it mowed, to keep it looking pretty good. It has continually gone down, down. Anything that we can do to make it look good would what I would be in favor of. I am not in favor of him adding a building in that area, it is so small. I feel like the more it's opened up for small buildings to be placed in back yards, if you open the door it just goes wild. For what it's worth, we all need to improve our properties, and I realize that's the reason for his being here, is to get more room, but most of us need to cleanup and do away with some things." Jack Calvey was sworn in: Jack Calvey, 6712 Lavon Drive. I'd like to remind everybody this is still the United States of America. A man has a right to have his property and do what he wishes with his property as long as he's not hurting anybody else." No one else spoke for or against the request for variance. Motion: Member Fey made a "motion to approve the request for variance in lieu of the fact that he really doesn't have much choice of any place to put it. It's an unusual piece of property, and my vote is to approve the variance." Member Moore seconded the motion. Zoning Board of Adjustment Regular Meeting Minutes June 21, 2005, Page 4 Vote: Member Fey: "Yes." Chairman Brantley: "Yes." Member Moore: "Yes." Member Nelson: "Yes." The motion unanimously carried, 4 to 0. 4. CASE N0.04-OS REQUEST FOR VARIANCE UNDER CITY ORDINANCE CHAPTER 62, SECTION 62-167 (2) (C) (1) "SETBACKS" OF THE SIGN CODE OF THE CITY OF RICHLAND HILLS AS AMENDED BY ORDINANCE N0.924-02 TO ERECT A SIGN IN THE C-2 COMMERCIAL DISTRICT ON PROPERTY LOCATED AT 7277 GLENVIEW DRIVE, BLOCK 3, LOT 4, WILLMAN ADDITION. (REQUESTED BY DEBRA WOODRUM) Debra Woodrum and Avery Hayden of Amaryllis Flowers were both sworn in: We own the flower shop at 7277 Glenview Drive. We're purchasing it from Mr. Giles. They've owned it for many years. We found in trying to be at a good business, we are lacking in at least one thing, and that is a sign. Many people that drive by don't even know that we're there, they can't see it. So, in our research in trying to develop the business and create a sign we realize that we had to come and ask your permission to put up a sign so we've drawn up some plans and submitted them, and we also have some pictures to show how difficult it is to see where we're located. We'd like for you to look at them. As it stands now, where they want the sign is behind the flagpole. That's where it would start. If we did it the six foot that we want to do in length, that means it would go past the flower planter, and would not even be seen until you are right on it and passed our shop. Most everybody else has theirs toward the edge of the street, which is in three to five feet of the sidewalk, and that's what we're asking for. We would plant flowers around it and lots of good stuff. Member Fey: "What kind of business do you have, ma'am?" Amaryllis: "We have a flower shop...Amarylis Flower Shop." Member Nelson: "Will you have any kind of lights?" Amaryllis: "No. We do have some solar lights that we'd like to put in the flower beds just for an enhancement. These would be powered solely by the sun." Member Fey: "Is that your sign out there now?" Amaryllis: "It is. It's just temporary. You can just pull it out of the ground. We found a good benefit from it, so we know that a really good sign would work. We've had it out there for two or three days and had five walk-ins, so they know we're there." Member Fey: "How long have you been there now?" Amaryllis: "I've been there since November." Member Fey: "I live in that neighborhood and I can tell you I didn't even see the place." Amaryllis: "Well, a sign would really help us." Zoning Board of Adjustment Regular Meeting Minutes June 21, 2005, Page 5 Member Moore: "Looking at the sign code on page 12, as it reads right now, businesses located on individually platted land including individual pad sites within a shopping center with less than a hundred feet of frontage are permitted one monument sign or one pole sign with the following stipulations. One of those stipulations is that under setbacks, fifteen feet from street right of way or three feet with the building official approval. Is there any other area there, Mr.Gregory, that is a problem?" Mr. Gregory: (Inaudible.) Member Moore: "As I read your sketch there, it shows a six foot setback from the sidewalk, there's a four foot sidewalk, and what's the distance between the sidewalk and the street?" Amaryllis: "It's about one foot." Member Moore: "Is that the location where your temporary sign is?" Amaryllis: "Yes. It's a little bit closer to our parking spaces, though. It's probably about three or four feet right now from the edge of the sidewalk, from the edge of the sidewalk toward the house, not from the edge of the sidewalk toward the street." Member Moore: "So, your proposed permanent sign would be close to the house than your temporary sign." Amaryllis: "Not by very much." Member Fey: "And what's the setback that you're requesting?" Amaryllis: "We're requesting three feet from the edge of the sidewalk. That would be the beginning of the sign, where it's closest to the street." Member Fey: "What is the exact footage you want back. Are you asking for a three foot setback from the sidewalk?" Amaryllis: "Yes. If it was six feet from the sidewalk, there's a tree in the neighbor's front yard that would obstruct the sign from a distance. And if cars are parked at the frame shop it's hard to see the front of our building from a distance." Citizen Jack Calvy and an employee of Amaryllis spoke in favor of the request. Member Moore: "Mr. Gregory, the First Baptist Church sign and the drugstore sign, what are they setback from the street. I know there was a variance for those." Mr. Gregory: (Inaudible.) Amaryllis: "They're fairly close to the road." Member Fey: "I think that Baptist Church is only about three feet off the sidewalk, and Glenview is very similar to that, a little further, but not much." Member Nelson: "It's probably close to about five foot." Mr. Gregory: (Inaudible.) Member Fey: "Okay, yes. Okay. Thank you." Chairman Brantley: "I think theres a couple of signs on the other side of the street a little further east also." Amaryllis: "Radkin is one of them, and Dunlap." Member Fey: "Neither one would make fifteen feet." Amaryllis: "No sir." No one spoke against the request. Zoning Board of Adjustment Regular Meeting Minutes r June 21, 2005, Page 6 Motion by Member Moore: "Mr. Chairman, in view of the fact variations have been granted for other signs along the same street, I recommend that a minimum setback of three feet from the sidewalk be approved for this variance. Member Fey seconded the motion. Vote: Member Fey: "Yes." Chairman Brantley: "Yes." Member Moore: "Yes." Member Nelson: "Yes." The motion unanimously carried, 4 to 0. Amaryllis: "Thank you gentlemen. Thank you very much." 5. CASE NO.OS-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 CHAPTER 90, SECTION 90-334 (A) (2), AND ADD ON TO A CARPORT IN THE R-1 RESIDENTIAL DISRICT ON PROPERTY LOCATED AT 2945 GUMWOOD PARK, BLOCK 2, LOT 1, RICHLAND PARK ANNEX (REQUESTED BY RICHARD E. MCMAHAN) The applicant was sworn in: Richard McMahan. I reside at 2945 Gumwood Park. Chairman Brantley: "I believe in this application you're asking for a variance on this carport. You now have a carport with a flat metal roof and you wish to change that to a gable roof on the carport. Is that right?" R. McMahan: "Actually Mr. Chairman, it's pretty close to being right. If I may I would just like to thank the Zoning Board of Adjustment, each one of you, especially Mr. Fey, just now recovering from surgery, but I would just like to take the opportunity to thank all you gentlemen, as well as Mr. Gregory and his staff for hearing our variances. But, according to the statement that you just made about the existing carport, and it's shown there on the drawing, it is a flat roof, however, it is a composition lumber and row roofing material. That actual carport, just a little history on that, my wife and I were trying to determine a few days back as to exactly how old it was. We came up with somewhere between twenty five and thirty years old. As I recall it was a Roger Hogensen, I believe, with the City of Arlington at that time. But, nevertheless, the existing carport does have that flat roof, and of course it is in need or repair, being that old. That's one reason we're asking for the variance because not only does it need repair, we thought that since it's now needing repair, this would be an opportune time to improve it, because a flat carport really is not that pleasing to the eye compared to a gable roof. That's what the variance is asking, that we have that variance approved so that we could have the gable roof of the house extend on over to cover that area that's not covered by the flat carport. And that's Zoning Board of Adjustment Regular Meeting Minutes r June 21, 2005, Page 7 shown on the drawing that shows the proposed layout. And also, if I may continue, you'll notice there in photo number one, it shows the approach to that area, which there's also double gates at the front of the house there at the driveway. As well as that we think there is also some considerations that lend to the gable roof construction rather than a flat roof because, number one, the property itself is somewhat unique. It's unique as you see in the photograph, it's a corner house, it's there on the corner, it's at the end, the very end of Gumwood, which is a dead end street, as well as there's no residents on the east side, of course, since it borders Handley Ederville Road. And so we really feel that the gable roof would add to the attractiveness of the existing house, having that gable roof extend out and just tie right in to the existing roof line. Of course the roof on the house is now needing to be repaired at the same time. We thought it would be an opportune time to, if variance is granted, to go ahead cover the carport, of course in the same roofing material, where everything would be consistent. Also there are some points we could also consider if you like. And that would be the solid reasoning for a gable roof variance, and we think that, obviously, we think about a gable roof line, and obviously it's much more attractive than any flat roof construction. A gable roof would blend in with the existing roof and be consistent not only with that construction on that house, but it would be consistent with the other residential houses in the area, in the neighborhood. Above all we feel like that the gable roof would improve the overall appearance of the gateway to Richland Hills, which is Handley Ederville Road...much more appealing to see that gable roof than the existing flat roof. Again, the photos show the flat roof. Visualize the gable roof in place of that flat roof. Photo number three and four. It will not be as long as it is in a flat roof. To extend the gable roof, of course the gable roof is quite a bit more narrow than the existing carport, so then, if the gable roof were extended out where it just ties in with the existing gable on the house, it would be shorter than the existing roof, so the idea would be to continue that part at the front, to slope it down to the driveway level, and that again is another, we feel, another positive thought to this whole process because it would divert any water to the property, the existing property, rather than diverting it over to the easement on Handley Ederville or any other area." Member Moore: "Sir, do you have any sketch showing the elevation level to show where that gable is. I've been by there and looked at your property and you've got a gabled roof right there next to your carport. Anything to show how that would tie in to your carport?" Mr. McMahan: "On paper?" Member Moore: "Anything sketched or anything to see, I mean, I mean I can't visualize where the cable roof would ...." Mr. McMahan: "Okay, on the proposed drawing, if you notice on the proposed drawing, it shows the thirteen foot extension in the center line of the roof, the center line that runs all the way down the center of the roof of the house, and it runs all the way to the edge. That would be the actual gable part on the carport." Zoning Board of Adjustment Regular Meeting Minutes June 21, 2005, Page 8 Member Moore: "Alright. So, the actual gable end would be on, as viewed from Handley Ederville Road, not from Gumwood?" Mr. McMahan: "Yes sir. This is the house as viewed now, the gable on the house." Member Moore: "Now, from Handley Ederville Road you don't see the gable on your house, you see that it's a gabled roof, you see the end of it if you're coming north on Handley Ederville, you see the gable there. But, as you're saying, as I go on north on Handley Ederville, if I look to my left toward the west, I would see the gable. Is that correct, or ... ?" Mr. McMahan: "Well, actually, you'd see it from both directions." Member Moore: "I know, but the face that has the gable, which way would the gable face?" Mr. McMahan: "It would face east, the gable would." Member Fey: "You're just going to extend the house out there, you're proposing, the same roof line, right on out to the end of the carport?" Mr. McMahan: "Yes sir. Exactly. The same roof line, just extended out thirteen feet, which is the same distance as the existing carport, rather than it being a flat roof, it's just be the existing gable roof of the house extended out." Member Moore: "Well, looking at the two different sketches here, one of them shows the thirty foot carport, and the proposed carport show an extension of the carport itself. Is that correct?" Mr. McMahan: "Yes sir. Toward the street." Member Moore: "Toward the street." Mr. McMahan: "Now that would be a flat extension to gain the additional ..." Member Moore: "Alright, so the gabled roof would only be over what's now the existing carport, right?" Mr. McMahan: "Yes sir." Member Moore: "And then the addition to the carport would be a flat roof." Mr. McMahan: "Yes sir." Member Moore: "Okay, I understand." Chairman Brantley: "I have one question Mr. McMahan. It has nothing really to do with this particular matter. When they widened Handley Ederville Road and redid it down there, did they take any of your property?" Mr. McMahan: "Yes sir they did. In fact you can see on photo one and photo two, that drive was originally straight drive, and they took the portion out where you see the radius in the driveway. In other words that the only way to approach the driveway now, that radius. So there was a considerable amount taken there at the corner." Member Fey: "They moved the easement up right to your fence line, did they not?" Mr. McMahan: "Actually the easement, it's now an eleven foot easement, which originally it was considerably a lot wider than that, yes." Member Fey: "I remember. Did you build this carport to start with, or did you buy the place like it is?" Mr. McMahan: "Oh, actually we built it. It was an addition that we put on." Zoning Board of Adjustment Regular Meeting Minutes June 21, 2005, Page 9 Member Moore: "Question for Mr. Gregory. The actual need for a variance is what? What the code doesn't say, that it's got to have a flat roof or anything. Says roof design and pitch shall not exceed the main structure. So, that allows the gable roof." Mr. Gregory: (Inaudible.) Member Moore: "Side yard setback. Alright, and side yard setback is already there for the existing carport, right?" Mr. Gregory: (Inaudible.) Member Moore: "That's what I say. It's encroaching on it, and there would be no further encroachment than what's existing." Mr. Gregory: "Let me say also that the original request is for this Board to grant a variance from ZBA, to upgrade existing carport (flat roof) to gable roof. That was what this request is all about." Member Moore: "But, I mean, it looks like that doesn't require a variance because the code permits it." Mr. Gregory: "Well, you can't add to an encroachment. The side yard setback, that's an encroachment. And may I say also that on drawing number two, the proposed addition to the carport, would be anon-conforming use. And the carport is legal non-conforming right now. It's encroaching on the side yard setback. With the proposed addition to it would make it from thirty feet to forty three feet (inaudible)." Member Fey: "But didn't they encroach on his property when they built Handley Ederville Road. I mean, it was legal to start with and then they moved a road over, kind of reduced it." Mr. Gregory: "I don't know." Member Fey: "That's what I think happened." Chairman Brantley: "Yes, I know it did." Member Fey: "I mean, I remember when it was quite a ways back over there. Right now it's up against his fence, so the City or County or whoever built the road actually took away his legality there, his legal encroachment, or whatever you want to call it." Mr. Gregory: "Okay." Chairman Brantley: "Also, that street you were talking about, Mr. McMahan, that goes in front of your house. It's closed off from Handley Ederville. You've got to go back to your right from your house to get in and out and come back in, right?" Mr. McMahan: "Yes sir. Photo number three shows that's the way it's been." Chairman Brantley: "It's was closed off, so he has to, he can't make a left turn and go right out on Handley Ederville Road. I think the police department decided it was a hazard, so they closed it off." Chairman Brantley: "Any other questions? If not, the chair will entertain a motion on this matter." Motion: Member Fey: "I make the motion we approve the request." Member Moore: "I second it." Vote: Member Fey: "Yes." Chairman Brantley: "Yes." Zoning Board of Adjustment Regular Meeting Minutes July 21, 2005, Page 10 Member Moore: "Yes." Member Nelson: "Yes." The motion unanimously carried, 4 to 0. Mr. McMahan: "Thank you gentlemen." 6. PERSONAL APPEARANCES (CITIZEN PARTICIPATION REGARDING NON-SCHEDULED ITEMS AFFECTING THE ZONING AFFAIRS OF THE CITY) There were none. 7. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned. l Linda Cl ntz, Recor i ecretary ti Malvin Brantley, C airman Approved