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HomeMy Public PortalAboutZBA Minutes 2006-02-21cry CITY OF RICHLAND HILLS, TEXAS 817) 299-1870 • 3200 DIANA DRIVE •RICHLAND HILLS, TEXAS • 761 18 COMMUNITY DEVELOPMENT ND REGULAR MEETING MINUTES CITY OF RICHLAND HILLS ZONING BOARD OF ADJUSTMENT FEBRUARY 21, 2006 1. CALL TO ORDER Chairman Brantley called the meeting of the Zoning Board of Adjustment to order in the Council Chambers at City Hall, 3200 Diana Drive, at 7:30 p.m. on February 21, 2006. Regular members present: Chairman Malvin Brantley, William Fey, Joe Moore, and Eddie Leon Nelson. Regular member absent: Al Hamilton. Alternate member present: Mike Logan, seated in Member Hamilton's absence. Staff in attendance: Director of Community Development Howard Gregory and Recording Secretary Linda Cowart. 2. APPROVAL OF THE JANUARY 17, 2006 REGULAR MEETING MINUTES Motion: Member Logan made a motion to approve the January 17, 2006 Regular Meeting Minutes as written. Member Fey advised that on page 4 of the minutes, it states that Heather Street was against the variance request, however, she was neither for nor against it, but merely asking questions. Amended motion: Member Logan added that a paragraph should be inserted to clarify that after hearing testimony from the applicant Mrs. Street stated that she was in agreement with the conditions that were approved. Member Fey seconded the motion to approve the minutes with the correction. Vote on motion: The motion carried by a vote of 5 to 0. Printed on Recycled Paper Zoning Board of Adjustment Regular Meeting Minutes February 21, 2006, Page 2 3. CASE N0.03-06 REQUEST FOR VARIANCE UNDER SECTION 90-52(3) OF THE RICHLAND HILLS ZONING ORDINANCE TO ALLOW OWNER TO VARY FROM THE DEVELOPMENT CONTROLS SET FORTH IN CHAPTER 90, SECTION 90-238 (11) (B) GREEN BELT REQUIREMENT AND SECTION 90-293 (A) DECORATIVE MASONRY WALL REQUIRE- MENT, IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT, ON PROPERTY LOCATED AT 7290 GLENVIEW DRIVE, BLOCK 20, LOT 4, RICHLAND HILLS ADDITION, RICHLAND HILLS, TARRANT COUNTY, TEXAS (REQUEST BY ED RICHMOND ) Mr. Ed Richmond, 1313 Stone Lakes Drive, Southlake, Texas, agent for the owner of the property and purchaser of the property at 7290 Glenview Drive, was sworn in. He stated that there is a contract contingent upon this request. He is representing a physician that works at North Hills Hospital. Her practice is growing quickly and she is looking for a place to move her practice of pediatrics. The city parking requirements demand that they be able to utilize the back of the property for parking, which would also be similar to neighboring properties. Member Fey asked if they are also requesting a variance from the masonry wall requirement. Mr. Richmond replied yes, they are trying to maintain continuity of what is there now, as there are no other masonry walls with the existing properties that have parking in the back. Member Logan inquired if there is currently a chain link existing on three sides in the back. Mr. Richmond stated that there is a wood fence in the back of the property. Member Logan thought that there is a wooden gate on the east side of the property with chain link and foliage on the west side. Mr. Richmond stated that on the rear of the property where the masonry fence would be required is a fence that is in disrepair. He added that the previous owners of the property were in attendance at the meeting, as they are very interested in seeing that the variance is granted. Member Logan stated that the expansion has taken out some of the existing parking along Glenview Drive. Zoning Board of Adjustment Regular Meeting Minutes February 21, 2006, Page 3 Member Logan stated that the applicant may end up with only two parking spaces in the front. There is room in the front on the east side of the property for parking. He asked Mr. Richmond if he intended to leave the gate in place and only have one entry. Mr. Richmond responded that they want to have a sidewalk on the left hand side facing the building from Glenview. On the right side would be entrance and exit. The property owner to the right has parking in the back and an existing fire lane between the two properties. The fire department has approved it for use by both properties, so they can have additional entrance and exits through their parking spaces, and make them conjoined. Member Moore asked their intentions about the back fence if the variance were granted. Mr. Richmond stated that the existing fence will be replaced with a six foot wooden privacy fence more in line with the parking spaces that would be contingent to them. Member Logan wanted to know if the fence would be replaced at the back property line only. Mr. Richmond said that the left adjacent fence would also be replaced. Member Logan understood that they would put fence on the east and south sides, but not on the west side. Mr. Richmond stated this is correct. They are talking to the insurance company on the right side off of Glenview, and they offered to take out some of the trees so they can have a combined parking. Member Fey asked Mr. Gregory if anyone objected to the request. Mr. Gregory responded that there were eighteen letters sent with one inquiry, and no opposition. Motion: Member Logan made a motion to grant the variance as presented, with the condition that they erect the wood fences as indicated. Member Fey seconded the motion. Vote on Motion: The motion carried by a vote of 5 to 0. Chairman Brantley informed Mr. Richmond that his request for variance was approved the way it was presented to the Board. Zoning Board of Adjustment Regular Meeting Minutes February 21, 2006, Page 4 4. CASE N0.04-06 REQUEST FOR VARIANCE UNDER SECTION 90-52 (3) OF THE RICHLAND HILLS ZONING ORDINANCE TO ALLOW OWNER TO VARY FROM THE DEVELOPMENT CONTROLS SET FORTH IN CHAPTER 90, SECTION 90-238 (11) (B) GREEN BELT REQUIREMENT AND SECTION 90-293 (A) DECORATIVE MASONRY WALL REQUIREMENT, IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT, ON PROPERTY LOCATED AT 7920 GLENVIEW DRIVE, ABSTRACT 710, TRACT 1A03, SOL HAYWORTH SURVEY, RICHLAND HILLS, TARRANT COUNTY, TEXAS (REQUEST BY WILLIAM SIMS) Mr. William Sims, 516 Kelley Court, Fort Worth, Texas, 76120, was sworn in. He passed out photographs of the property for the Board to review. He stated that he recently purchased the property at 7920 Glenview Drive, and that his situation is that he has parking in the rear, and a twenty by fifty four foot section would have to be removed to meet the requirements of the Code. To put the masonry wall in would mean that he would lose the twenty by fifty four foot section of existing parking. Chairman Brantley advised that there was a request under the same circumstances before on property further west of Mr. Sims' property. He was required to put up a masonry wall along the property line between his property and residential, but he was granted a variance for the green belt requirement. Member Logan inquired as to the nature of Mr. Sims' business. Mr. Sims replied that he has an online defensive driving business. He has staff there to meet the needs of online students. He stated that he would be willing to put up a new wood fence on the rear of the property to replace an existing chain link fence. Member Fey wanted to know what type of business was there before Mr. Sims. Mr. Sims thought there was an insurance company there before but water records show it hasn't been occupied since September of 2003. Member Logan asked for a description on the back as to how they would be looking at it. Mr. Sims stated that the car wash is to the east; there is approximately eight hundred feet of commercial property in the 7900 block of Glenview Drive. Member Logan questioned Mr. Sims about the property to the east between the chain link fence and the slab. Zoning Board of Adjustment Regular Meeting Minutes February 21, 2006, Page 5 Mr. Sims answered that it does not belong to him, and that there are three vacant lots in the 7900 block of Glenview Drive. Member Moore asked Mr. Sims if the variance were to be granted, would his plans include erecting a six foot wood fence around the property. Mr. Sims responded that he absolutely would put up a new fence around the property. Member Fey asked if there were any complaints from the letters that were sent to surrounding property owners. Mr. Gregory replied that of the sixteen letters sent to property owners, there was one response, an inquiry, but no opposition. Chairman Brantley clarified that the request is for a variance from the masonry wall requirement (to which Mr. Sims agreed to erect a stockade fence), and from the green belt requirement. Motion: Member Fey made a motion to grant the variance as requested, with the condition that Mr. Sims erect a wooden fence at the rear of the property as indicated. Member Moore seconded the motion. Mr. Harry Karr, east side property owner and neighbor to Mr. Sims, was sworn in. He stated that when Glenview was widened it affected the parking, his property has been for sale quite a while, and that his only objection would be to a tall fence between he and Mr. Sims on the east side. Vote on Motion: The motion carried by a vote of 5 to 0. 5. CASE NO.OS-06 REQUEST FOR VARIANCE UNDER SECTION 90-52 (3) OF THE RICHLAND HILLS ZONING ORDINANCE TO ALLOW OWNER TO VARY FROM THE DEVELOPMENT CONTROLS SET FORTH IN CHAPTER 90, SECTION 90-238 (11) (B) GREEN BELT REQUIREMENT AND SECTION 90-293 (A) DECORATIVE MASONRY WALL REQUIREMENT, IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT, ON PROPERTY LOCATED AT 6801 BAKER BOULEVARD, BLOCK 45, LOT 1, RICHLAND HILLS ADDITION, RICHLAND HILLS, TARRANT COUNTY, TEXAS (REQUEST BYJOHNBOLTE) Zoning Board of Adjustment Regular Meeting Minutes February 21, 2006, Page 6 Mr. John Bolte, 3612 San Bar Lane, Colleyville, Texas, was sworn in. The applicant passed out pictures of the property that he purchased in December for his landscape and drainage business, and stated that there is no heavy equipment of tractors that need to be stored on the property. He felt that the masonry wall and the green belt would not be seen by the public as there is a seven foot steel fence on the west side that would preclude anyone from seeing in the back of the property. Member Fey asked if there is a fence or just a building at the back of the property. Mr. Bolte replied that there is a metal fence on the side and a new stockade fence at the back of the property. Chairman Brantley stated that there is a metal panel type fence on the side. Mr. Bolte confirmed that the fence is metal and that he plans to repair it when the burn ban is lifted. Member Logan asked Mr. Gregory if Mr. Bolte would be allowed to use rear entry only for pulling equipment in and out, or if he would be allowed to use the front bays. Mr. Gregory responded that the Mr. Bolte would be able to use the front bays as well, that rear entry only applies to tire stores. Member Fey asked Mr. Bolte if the stockade fence on the west side would remain. Mr. Bolte replied that this is a dumpster area, that there is only about sixteen feet and will be replaced. Member Logan stated that this was there to allow for a dumpster between the metal fence and the stockade fence. Mr. Bolte confirmed that there is a concrete pad behind it for a dumpster. Member Logan asked Mr. Bolte if he had cleaned the back of old vegetation and put in a new stockade fence. Mr. Bolte said that it does not make sense for him to replace the fence prior to buying the property. Member Logan asked if there was limited storage on the back side. Zoning Board of Adjustment Regular Meeting Minutes February 21, 2006, Page 7 Mr. Bolte confirmed that there is limited storage in the back of the property, and has no plans to store trucks or equipment there. Member Logan asked if there were any responses to the letters that were sent to property owners. Mr. Gregory advised that there were fifteen letters sent, one inquiry, and no negative responses. Member Fey questioned what Mr. Bolte would do with his equipment. Mr. Bolte replied that he would keep the equipment inside and use the back as a drive in drive out. Member Logan wondered how much asphalt there is in the back. Mr. Bolte affirmed that most of the back area is grass. There was no one to speak for or against the request. Motion: A motion was made by Member Moore and seconded by Member Logan to grant the request as stated. Vote on motion: The motion carried by a vote of 5 to 0. 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, Chairman Brantley adjourned the meeting at 8:05 p.m. Linda Cowart, ecording Secretary Malvin Brantley, Chairman