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HomeMy Public PortalAboutZBA Minutes 2006-04-18cry CITY OF RICHLAND HILLS, TEXAS 817) 299-1870 • 3200 DIANA DRIVE •RICHLAND HILLS, TEXAS • 76118 COMMUNITY DEVELOPMENT IVD REGULAR MEETING MINUTES CITY OF RICHLAND HILLS ZONING BOARD OF ADJUSTMENT APRIL 18, 2006 1. CALL TO ORDER Chairman Brantley called the meeting to order in the Council Chambers of City Hall on Tuesday, April 18, 2006, at 7:42 p.m. Regular members present: Joe Moore, Eddie Leon Nelson, and Chairman Malvin Brantley. Regular members absent: William Fey and Al Hamilton. Alternate member present: Patricia Jermyn (seated as a regular member.) Alternate member absent: Mike Logan. Staff in attendance: Director of Community Development Howard Gregory, Attorney Cara White (attending in City Attorney Sralla's absence), and Recording Secretary Linda Cowart. 2. APPROVAL OF MARCH 21, 2006 REGULAR MEETING MINUTES Motion: A motion was made by Member Moore, and seconded by Member Nelson, to approve the March 21, 2006 Regular Meeting Minutes, as presented. Vote on Motion: The motion carried by a vote of 4 to 0. At this time, Chairman Brantley advised that Item 3 would be discussed after the public hearings. Printed on Recycled Paper Zoning Board of Adjustment Regular Meeting Minutes April 18, 2006, Page 2 4. CASE N0.08-06 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 (5) "OUTSIDE STORAGE", IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT, ON PROPERTY LOCATED AT 6700 BAKER BOULEVARD, MATTHEWS RESUB- DIVISION, LOTS #10,11, & 12, BLOCK 1, LOT lA, RICHLAND HILLS, TARRANT COUNTY, TEXAS (REQUEST BY CHIEF BARBARA CHILDRESS, CITY OF RICHLAND HILLS POLICE DEPARTMENT) The applicant, Chief Barbara Childress, City of Richland Hills Police Department, 6700 Baker Boulevard, was sworn in, and explained that the Police Department was requesting a variance to be allowed to erect an accessory building in a C-2 zoning district because the storage closet inside the Police Department needs to be utilized as an office, so the need for the accessory building is critical. Items to be stored would be City owned property such as records (nothing sensitive in nature), bicycles, boxes and containers, puppets, and crime prevention supplies. The accessory building would be placed behind the police department at the south end of the parking lot. Member Nelson asked if the accessory building would be there from now on, or if there were plans to add on to the Police Department in the future. Chief Childress replied that is not a consideration at this time, but would be something for future consideration. Member Moore wanted to know the size of the accessory building Chief Childress stated that the accessory building would be eight feet wide and forty feet long. Member Nelson asked Director of Community Development Howard Gregory how many letters were mailed to surrounding property owners. Mr. Gregory replied that seven letters were sent to property owners; there were two responses from the letters, one in favor of the variance and one inquiry. Member Moore wanted to know if the color of the accessory building would be compatible with the buildings around it. Chief Childress responded that the accessory building would be beige to match the Police Department building and the radio house. Zoning Board of Adjustment Regular Meeting Minutes April 18, 2006, Page 3 There was no one to speak either for or against the request for variance. Motion: A motion was made by Member Moore, and seconded by Member Jermyn, that the variance be granted as stated. Vote on Motion: Member Moore - "Yes." Member Nelson - "Yes." Member Jermyn - "Yes." Chairman Brantley - "Yes." The motion carried by a vote of 4 to 0. 5. CASE N0.07-06 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 90-292 (E) "NO SCREENING ELEMENT OR FENCE SHALL BE ERECTED, PLACED, OR PLANTED BEYOND THE FRONT BUILDING LINE IN A RESIDENTIAL DISTRICT", IN THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, ON PROPERTY LOCATED AT 3663 POPPLEWELL STREET, BLOCK 12, LOT 12, RICHLAND HILLS ADDITION, RICHLAND HILLS, TARRANT COUNTY, TEXAS (REQUEST BYMARTHA STRAIN) The applicant, Martha Strain, 3663 Popplewell Street, was sworn in. She stated that they bought the house on Popplewell a few months ago, and were making improvements to the home. They wanted to move their horse onto the property, wanted to build a fence, but felt penalized because the house faces Popplewell. If the variance were not granted, and the fence were erected at the building line of their house, the fence line would be about twenty five feet from the curb, meaning that all of the fences would line up down Popplewell except their house. This was the reason for requesting a variance, to be allowed to erect a fence that would be aligned with the other fences in the neighborhood. At this time, Mrs. Strain passed out pictures of the fence for the Board to review). The fence they wanted to erect would be a six foot railed V-wired fence, the poles being capped with a green powder coating that has a fifty year warranty, and galvanized wiring strapped to the poles with industrial strength ties; because of safety concerns, the wire would be `no climb' horse wire. She further stated that they had composed a form that the surrounding property owners all agreed with and signed, stating that they would like the fence to line up with the other fences along Popplewell Street and would like to see the City grant the fence variance. Zoning Board of Adjustment Regular Meeting Minutes April 18, 2006, Page 4 Member Strain added that the Planning and Zoning Commission is currently looking at the residential fencing ordinances and housing ordinances, especially for houses that are located on corners or cul de sacs, in anticipation of some changes. Chairman Brantley advised that the curvature in front places 3663 Popplewell in a unique situation, and would justify granting the variance. Mr. Jerry Swain, 7064 Richlynn Terrace, was sworn in, and spoke in favor of granting the variance. Mr. Gerritt Spieker, 3401 Jonette Drive, was sworn in, and spoke in support of the variance. Motion: A motion was made by Member Jermyn, and seconded by Member Moore, that the variance be granted as stated. Vote on Motion: The motion carried by a vote of 4 to 0. 6. CASE N0.09-06 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 90-281 (8) "COMMERCIAL PARKING", IN THE C-2 GENERAL COMMERCIAL ZONING DISTRICT, ON PROPERTY WITH LEGAL DESCRIPTION BLOCK 8, LOT 9, RICHLAND HILLS ADDITION, RICHLAND HILLS, TARRANT COUNTY, TEXAS (REQUEST BY RANDY FERRARI, LANDSCAPE PARTNERS, LTD., 7231 BAKER BOULEVARD) Director of Community Development Howard Gregory informed the Board that the applicant, Mr. Randy Ferrari, of Landscape Partners, Ltd., 7231 Baker Boulevard, withdrew the request for variance just prior to the meeting. Chairman Brantley advised that since the application was withdrawn, no action would be required from the Board. Mr. Gerritt Spieker stated that even though the applicant had withdrawn the application, he was opposed to this particular request for variance. 3. ADOPTION OF RULES OF PROCEDURE GOVERNING MEETINGS TABLED FROM THE MARCH 21, 2006 REGULAR MEETING) Zoning Board of Adjustment Regular Meeting Minutes April 18, 2006, Page 5 Cara White, representative from the City Attorney's office, advised that these are suggestions for consideration by the Board for adoption of Rules and Procedures Governing Meetings. They can be adopted or modified as the Board sees fit, so there will be formal procedures so applicants will know what is expected of them and to make sure all due process is afforded them and what process taken if a ruling should be appealed. It was her understanding there are no rules currently. Mr. Gerritt Spieker shared some concerns about the adoption of the rules of procedure, and suggested that the rules are in conformity with legal practice and the standing of the Board and the state law. Items of concern for Rules of Procedure: 102 -Prefer Chairman to be appointed by the City Council. 104 -Request that the City Attorney's office assist in preparing orientation materials for presentation to new Board members and present the materials to the Board when complete. 202 -Prefer that Board Alternates be allowed to participate in meeting discussions, but not allowed to vote on any matter. 503 -When the members are notified about a request for interpretation, more information should be filed with the application. 606 -Number of concurring votes needed for action by the Board, in particular when only four members are present. The Board requested that the proposed rules be carefully reviewed to ensure they are consistent with City Ordinances and State law. Motion: A motion was made by Member Moore, and seconded by Member Jermyn, to request that the City Attorney update the Rules of Procedure Governing Meetings to reflect Board's concerns, to be presented at a later date. Vote on Motion: The motion carried by a voice vote of 4 to 0. 7. PERSONAL APPEARANCES (CITIZEN PARTICIPATION REGARDING NON-SCHEDULED ITEMS AFFECTING THE ZONING AFFAIRS OF THE CITY) There were none. Zoning Board of Adjustment Regular Meeting Minutes April 18, 2006, Page 6 8. ADJOURNMENT There being no further business to come before the Board, Chairman Brantley declared the meeting adjourned. e~ Linda Cow Recording Secretary Malvin Brantley, Chairman