Loading...
HomeMy Public PortalAboutZBA Minutes 2005-08-16ciryo~ py~AND~`~Vv CITY 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, AUGUST 16, 2005 1. CALL TO ORDER Chairman Brantley called the meeting of the Zoning Board of adjustment to order at 7:30 p.m., in the Council Chambers of the Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas. Regular Members Present: Al Hamilton, William Fey, Joe Moore, and Chairman Malvin Brantley. Regular Member Absent: Eddie Leon Nelson. City Staff Present: Howard Gregory, Director of Community Development and Linda Cowart, Recording Secretary. 2. APPROVAL OF THE JULY 19, 2005 REGULAR MEETING MINUTES Member Fey called attention to two misspelled words. Motion: A motion was made by Member Fey, and seconded by Member Moore to Approve the July 19, 2005 Regular Meeting Minutes, as amended. Vote on Motion: The motion unanimously carried by a vote of 4 to 0. 3. THE OWNER OF THE PROPERTY LOCATED AT 7610 GLENVIEW DRIVE, MORE PARTICULARLY DESCRIBED AS BLOCK 2, LOT 1, MC COY ADDITION, HAS REQUESTED A VARIANCE FROM THE REQUIREMENTS OF SECTION 90-238 (11) (b) OF THE RICHLAND HILLS ZONING ORDINANCE, AND FROM THE REQUIREMENTS OF, SECTION 48-4 OF THE RICHLAND HILLS LANDSCAPE ORDINANCE. Printed on Recycled Paper Zoning Board of Adjustment Regular Meeting Minutes Tuesday, August 16, 2005 Page 2 THE SPECIFIC REQUEST IS FROM THE GREEN BELT AND BUFFER- YARD REQUIREMENTS ESTABLISHED BY THE ABOVE-REFERENCED PROVISIONS (REQUESTED BY IDELFONSO LUGO) Idelfonso Lugo, 4256 Goodnight, owner representing Serenity Day Spa, was sworn in. He stated that he has eleven employees who have cars, and there aren't enough parking places for them and their customers too. They are requesting this variance because they need more parking spaces. David Miller, of 6004 Kimberly Court in Haltom City, and the son in law of Mr. Lugo, was sworn in. He explained that they've installed an attractive one hundred foot brick fence, and would like to put parking up to the fence. They would leave the corners in a green belt so that there would be some vegetation and trees. They would gain nine parking places by utilizing the twenty foot buffer for a parking lot. They are trying to expand the business, so the extra parking would be a great benefit. Chairman Brantley stated that they have a nice brick fence across the back which screens the business from the residential property behind it. Mr. Gregory stated that twelve letters were sent out and no one objected to the request. Member Moore pointed out to Mr. Miller that the adjacent properties don't have this requirement. They were there before these requirements came along. In an effort to beautify the city and update things, certain regulations were put into effect, and it makes it difficult to deviate from the new requirements. Member Moore asked if they could borrow parking from the business neighbor to the west since they have quite a few parking places. David Miller stated that they had not discussed it with them, but thinks that if their business became full in the future, they would need their parking spaces again. Member Hamilton asked how many parking spaces there are now, and Mr. Miller replied that as it is striped right now there are thirty one, and the variance would bring them up to forty parking spaces. No one spoke in opposition to the request for variance. Motion: A motion was made by Member Fey, and seconded by Member Hamilton, to approve the request. Vote on Motion: The motion unanimously carried by a vote of 4 to 0. Zoning Board of Adjustment Regular Meeting Minutes Tuesday, August 16, 2005 Page 3 Mr. Gregory stated that the Board heard Section 90-238 (11) (b) tonight, and the City Council will hear Section 48-04 on August 23, 2005. 4. CASE NO. 11-05 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 (A) "HEIGHT" AND ALLOW OWNER TO ERECT AN ACCESSORY BUILDING IN THE R-1 RESI- DENTIAL DISTRICT ON PROPERTY LOCATED AT 3628 LONDON LANE, BLOCK 49, LOT 2, RICHLAND HILLS ADDITION (REQUESTED BY JERRY D. RUSHING) Jerry Rushing, applicant, was sworn in. He stated that he would like to erect a sixteen foot accessory building in the back yard. The reason is that there is a group of pecan trees that he doesn't want to cut down, and rather than making the building wider, he could make it taller, so he could build it between the pecan trees. Chairman Brantley advised Mr. Rushing that the ordinance states that the height of the accessory building could be more than twelve feet if approved by the Zoning Board of Adjustment, but in no case shall the accessory building exceed the height of the main structure. He added that the law states that the Board cannot grant a variance to one property owner and not grant it to another. For this same reason back in February 17, 2004, the Board denied an application for an accessory building that was higher than the house at 3662 Popplewell, and another at 7036 Hardisty. Member Fey inquired as to know the height of the house. Mr. Rushing responded that it is fourteen or fourteen and a half feet. Mr. Gregory stated that we sent out nineteen letters to surrounding property owners, and there were no responses. Member Moore expressed two points of concern. The first is that it might be seen from the street. The second is that the others were denied, and then they complied with the requirements. He feels that this accessory building should comply with the zoning requirements. Jerry Rushing stated that he had no intention of coming here to plead his case because of what someone else did, but he has seen buildings on his street that are higher than his building, and did not know that their situation would be relevant to his request. Zoning Board of Adjustment Regular Meeting Minutes w Tuesday, August 16, 2005 Page 4 Member Moore stated that those buildings were built before the code required this limit, and since that limit was passed they have restricted new buildings to that limit. Member Fey stated that as far as Mr. Rushing's place is concerned, they could allow him to build his accessory building to the height of the house, and no higher than that. Motion: A motion was made by Member Fey, and seconded by Member Moore, to allow the applicant to deviate from the code and build the accessory building to the height of his house. Vote on Motion: The motion unanimously carried by a vote of 4 to 0. 5. CASE N0.09-OS REQUEST FOR VARIANCE UNDER SECTION 90-5 (3) OF THE CITY OF RICHLAND HILLS ZONING ORDINANCE TO ALLOW OWNER TO VARY FROM THE DEVELOPMENT CONTROLS SET FORTH IN CHAPTER 90, SECTION 90-238 (11) (A), TO VARY FROM THE 15% FRONT YARD LANDSCAPE REQUIREMENT, AND TO INSTALL A DRIVE ACROSS THE FRONT OF THE BUSINESS TO ALLOW TRAFFIC TO ACCESS THE BUSINESS IN THE C-2 GENERAL COMMERCIAL DISTRICT ON PROPERTY LOCATED AT 7928 GLENVIEW DRIVE, JORDAN ADDITION - RICHLAND HILLS, BLOCK 1, LOT AlA & ABANDONED ROW ORD #238 (REQUESTED BY MARC MARROCCO, LONE STAR AUTO WASH) Marc Marrocco, owner of Lone Star Auto Wash, and resident of 2502 Live Oak Street in Dallas, was sworn in. He stated that the need for the drive arose with the new commercial development in their area, which seemed to be a good idea for the businesses in that area. Mr. Marrocco stated that when he built the car wash, he thought they would always have access to the alleyway, but after going through all of the legal channels, and trying to appeal to the new Conn's and their development team it became an issue. After Conn's was developed, there was no longer access to the alleyway, and now there's no ability to turn into the car wash when you're heading west on Glenview Drive. He added that negatively impacted his business by at least fifty percent. Conn's has allowed Lone Star Lube and Tune to have a drive approach in front of the business, and if the car wash is allowed to place a drive in front, this will continue the drive across the front, and the car wash will be able to gain some of the access that was lost, thereby regaining some of the business that they have lost. He stated that there will still be landscape at the business, and he plans to just cut across the eastern portion of the front landscape area with the drive approach and connect back to the alleyway where a customer is able to turn in if they are coming from the mall area headed west on Glenview Drive. Zoning Board of Adjustment Regular Meeting Minutes v~rr Tuesday, August 16, 2005 Page 5 Member Fey asked if he was talking about the little piece of landscape to the east side of the drive. Mr. Marrocco responded yes. He added that the ordinance prohibits him from cutting a drive there because they have met the fifteen percent front landscape area. However, they are in excess of landscape requirement in the back. Again, he stated that the western traffic has no access to the business because of the TxDOT median in front. Chairman Brantley asked Mr. Marrocco if he could come across Lone Star Lube and Tune's lot. Mr. Marrocco replied that he can. He said that both businesses have access to both properties. Member Fey asked Mr. Gregory if there were any complaints from the neighbors. Mr. Gregory stated that nineteen property owner letters were sent out, and there was only one complaint received, from a property owner who lives in Arizona. Brian Holland, of Lone Star Lube and Tune, 7932 Glenview Drive, was sworn in. He stated that what he and Mr. Marrocco are trying to do is connect the two adjoining properties so that Mr. Marrocco can have access to his property. He added it would allow his customers to be able to exit his business from Mr. Marrocco's front entryway. Their goal is to create a straight surface all the way across, and leave five feet of grass out in front. Mr. Holland added that both businesses would benefit. No on spoke in opposition to the request. Motion: Member Moore made a motion, seconded by Member Fey, to approve the request. Vote on Motion: The motion carried by a vote of 3 to 1, with Member Hamilton voting in opposition. 6. PERSONAL APPEARANCES (CITIZEN PARTICIPATION REGARDING NON-SCHEDULED ITEMS AFFECTING THE ZONING AFFAIRS OF THE CITI~ There were none. Zoning Board of Adjustment Regular Meeting Minutes Tuesday, August 16, 2005 Page 6 6. ADJOURNMENT There being no further business, Chairman Brantley declared the meeting adjourned at 8:10 p.m. 4 / Linda owart, Recor mg Secretary Malvin rantley, Chairman Approved