Loading...
HomeMy Public PortalAboutZBA Minutes 2006-07-18r' ZBA Regular Meeting Summary July 18, 2006 Regulaz members present: Joe Moore, Al Hamilton, Chairman Malvin Brantley. Regulaz members absent: William Fey, Eddie Leon Nelson. Alternate members present: Mike Logan and Patricia Jermyn (seated as regular members), and Rob Thomas. Staff in attendance: Director of Community Development Howard Gregory, City Attorney Tim Sralla, and Recording Secretary Linda Cowart. 3. Adoption of Rules of Procedure Governing Meetings. Approved by a vote of 5 to 0 with the following amendments: 1. (101) -Organization: The ZBA shall consist of S regular members and up to 4 alternate members. 603. D -When the Chairman is satisfied that discussions are complete. 603. G. (1) -Applicant presentation -1 S min utes 2) -Opposition presentation -15 minutes 3) -Applicant rebuttal - 3- S minutes 614. Reconsideration: Content of Request - A request by any interested party to reconsider... 4. Case no. 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-1 Commercial Restricted 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 Blvd.) Approved, as stated, by a vote of S to 0. CI Ty p~ v ti~ ~~vAND 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 JULY 18, 2006 CALL TO ORDER The meeting of the Zoning Board of Adjustment of the City of Richland Hills was called to order by Chairman Brantley at 7:35 p.m. in the Council Chambers at City Hall, 3200 Diana Drive. Regular members present: Joe Moore, Al Hamilton, and Chairman Malvin Brantley. Regular members absent: William Fey and Eddie Leon Nelson. Alternate members present: Mike Logan and Patricia Jermyn (seated as regular members for the meeting), and Rob Thomas. Staff in attendance: Director of Community Development Howard Gregory, City Attorney Tim Sralla, and Recording Secretary Linda Cowart. 2. APPROVAL OF MAY 16, 2006 REGULAR MEETING MINUTES AND JUNE 20, 2006 REGULAR MEETING MINUTES Motion: A motion was made by Member Logan and seconded by Member Hamilton, to approve the May 16, 2006 and June 20, 2006 Regular Meeting Minutes as presented. Vote on Motion: Member Moore - "Yes." Chairman Brantley - "Yes." Member Hamilton - "Yes." Member Logan - "Yes." Member Jermyn - "Yes." The motion carried by a vote of 5 to 0. Printed on Recycled Paper Zoning Board of Adjustment Regular Meeting Minutes July 18, 2006, Page 2 3. ADOPTION OF RULES OF PROCEDURE GOVERNING MEETINGS Chairman Brantley advised that the document presented to them included the required changes, and need to be voted upon. After a brief discussion of the Rules of Procedure, Chairman Brantley called for a motion. Motion: A motion was made by Member Moore, and seconded by Member Logan, to accept the Rules of Procedure governing meetings with the following amendments: 1. (101)-Organization: The ZBA shall consist of five regulaz members and up to four alternate members. 2. 603.D-When the Chairman is satisfied that discussions are complete. 3. 603.G(1)-Applicant presentation-fifteen minutes, 4. 603.G(2)-Opposition presentation-fifteen minutes, 5. 603.G(3)-Applicant rebuttal-three to five minutes. 6. 614.Reconsideration: Content of Request-A request by any interested party to reconsider.... Vote on Motion: Member Moore - "Yes." Member Hamilton - "Yes." Chairman Brantley - "Yes." Member Logan - "Yes." Member Jermyn - "Yes." The motion carried by a vote of 5 to 0. 4. 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-1 COMMERCIAL RESTRICTED 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) Mr. Randy Ferrari, representative and applicant, Landscape Partners, Ltd., 7231 Baker Boulevard, after being duly sworn in, stated that the azea in question is a fenced in azea of about seventy-five feet by one hundred ninety five feet that Landscape Partners had leased from TXU for the purpose of pazking commercial vehicles on a surface. There is high intensity wiring that runs west of their property. The initial intent was to rock the Zoning Board of Adjustment Regular Meeting Minutes July 18, 2006, Page 3 area or put a road base just to park commercial vehicles. The lease agreement states that asphalt and concrete are not allowed in that azea, and if granted a vaziance, they could put down a surface of Dustrall, more permeable than a rock base, for the parking area. The vehicles being stored would be one half to three quarter ton up to box truck, generally twenty-five feet. The business signed a four year lease and has been at that location for five months, and are already running out of room to park. Mr. Gregory, Director of Community Development stated that there were eleven letters sent to surrounding property owners, and no responses. There was no one to speak either for or against the request. At this time, Chairman Brantley called for a motion. Motion: A motion was made by Member Moore and seconded by Member Hamilton, to approve the vaziance request as stated. Vote on Motion: Member Moore - "Yes." Member Hamilton - "Yes." Chairman Brantley - "Yes." Member Logan - "Yes." Member Jermyn - "Yes." The motion carried by a vote of 5 to 0. 5. CASE NO. 11-06 APPLICATION FOR A SPECIAL EXCEPTION PURSUANT TO SECTIONS 90-58, 90-361, AND RELATED SECTIONS OF THE RICHLAND HILLS ZONING ORDINANCE, CHAPTER 90 OF THE CITY CODE, TO ALLOW A COMMERCIAL COMMUNICATIONS ANTENNAS USE IN A RESIDENTIAL ZONING DISTRICT. THE PROPERTY SUBJECT TO THIS REQUEST IS LOCATED AT WITHIN THE TXU RIGHT-OF-WAY BETWEEN HOVENKAMP AVENUE AND BRIDGES AVENUE, WHICH PROPERTY IS ALSO KNOWN AS BLOCK 8, LOTS 4 AND 9, RICHLAND HILLS ADDITION, IN THE CITY OF RICHLAND HILLS, IN TARRANT COUNTY (REQUEST BY MICHAEL BEARDSLEY/ T-MOBILE: This item was tabled at the June 20, 2006 meeting) Dave Kirk, 7668 Warren Pazk, Frisco, representative for T-Mobile, after being duly sworn in, explained that they aze requesting to attach antennas to an existing TXU transmission tower where coverage is needed, and stated that it would benefit the metroplex to be able to partner with TXU in this endeavor, rather than building a new tower. The TXU easement, which is twenty by twenty, will be screened by a masonry Zoning Board of Adjustment Regulaz Meeting Minutes July 18, 2006, Page 4 fence, which will be built prior to submitting a building permit for the antennas. If they were to be denied the special exception, they would need to build a new tower, which would cost approximately $250,000.00. There was no one to speak in favor of the request. The following citizens spoke in opposition to the request. Some of the concerns were health issues, lightning strikes, property values, and safety issues for children and animals who come neaz the tower. Jerry Wilson - 7236 Hovenkamp Avenue. Henry Maj - 7300 Hovenkamp Avenue. Andy Keedy - 7231 Hovenkamp Avenue. Betty Wilson - 7230 Hovenkamp Avenue. Dr. Jim Cobb - 7200 Hovenkamp Avenue. Katherine Keedy - 7231 Hovenkamp Avenue. Bill Whitaker - 7301 Hovenkamp Avenue. Mr. Kirk presented his rebuttal, and stated that there are fewer land lines all of the time, and that cell phones are the way of the future. Mr. Maj and another citizen, name unknown, restated that the citizens are still object to the special exception. Chairman Brantley called for a motion. Motion: A motion was made by Member Moore to grant the special exception. The motion died for the lack of a second. Motion: A motion was made by Member Logan, and seconded by Member Hamilton, to deny the special exception. Vote on Motion: Member Moore - "No." Chairman Brantley - "No." Member Hamilton - "Yes." Member Logan - "Yes." Member Jermyn - "Yes." The motion carried by a vote of 3 to Z. 6. CASE N0.12-06 APPLICATION FOR A SPECIAL EXCEPTION PURSUANT TO SECTIONS 90-58, 90-361, AND RELATED SECTIONS OF Zoning Board of Adjustment Regulaz Meeting Minutes July 18, 2006, Page 5 THE RICHLAND HILLS ZONING ORDINANCE, CHAPTER 90 OF THE CITY CODE, TO ALLOW A COMMERCIAL COMMUNICATIONS ANTENNAS USE IN A RESIDENTIAL ZONING DISTRICT. THE ROPERTY SUBJECT TO THIS REQUEST IS LOCATED AT WITHIN THE TXU RIGHT OF WAY BETWEEN GLENVIEW DRIVE AND HARDISTY STREET, WHICH PROPERTY IS ALSO KNOWN AS TRACT 1D OF THE A.G. WALKER SURVEY, ABSTRACT 1630, IN THE CITY OF RICHLAND HILLS, IN TARRANT COUNTY (REQUEST BY DA VID GREEN / METRO- PCS: This item was tabled at the June 20, 2006 meeting Mr. Dave Green, 416 Fountain Park Drive, representative for Metro-PCS, after being duly sworn in, stated that they are requesting a special exception to be allowed to add antennas to an existing TXU tower in a residential district in order to expand the coverage azea, and showed on maps provided to the Boazd that indicates where additional coverage is needed, and pointed out that there was no opposition at the public hearing in June. There is little noise caused by the equipment, and are not required to have a dolcimeter. Mr. Bill Bowman, associate of Mr. Dave Green, discussed the 2000 Revised Study, which showed that the wattage is only forty watts, and there is minimal radiation emanating from the Metro-PCS equipment. There was no one to speak either for or against the request for special exception. Chairman Brantley called for a motion. Motion: A motion was made by Member Logan, and seconded by Member Moore, to grant the special exception. Vote on Motion: Member Moore - "Yes." Member Brantley - "Yes." Member Hamilton - "Yes." Member Logan - "Yes." Member Jermyn - "Yes." The motion carried by a vote of 5 to 0. 7. CASE N0.14-06 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 90-332 (C) (2) "MATERIALS", IN THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, ON PROPERTY Zoning Board of Adjustment Regular Meeting Minutes July 18, 2006, Page 6 LOCATED AT 3616 JONETTE DRIVE, RICHLAND HILLS ADDITION, BLOCK 74, LOTS 7 & 16, RICHLAND HILLS, TARRANT COUNTY, TEXAS (REQUEST BYA.L. PATE) Mr. A.L. Pate, 3616 Jonette, after being duly sworn in, stated that the lot behind the one that the main structure is located has not been used for anything, and he would like to erect an accessory building on the lot, and use four by eight cedar tick siding, prime, and place it on skids, and is apre-fabricated building. Member Moore advised Mr. Pate that he would be able to put several different types of siding on the accessory building if the building were 440 square feet instead of 512 square feet. There was no one to speak for or against the request. Chairman Brantley called for a motion. Motion: A motion was made by Member Moore, and seconded by Member Logan, to grant the variance, as stated. Vote on Motion: Member Moore - "Yes." Chairman Brantley - "Yes." Member Hamilton - "Yes." Member Logan - "Yes." Member Jermyn - "Yes." The motion carried by a vote of 5 to 0. 8. PERSONAL APPEARANCES (CITIZEN PARTICIPATION REGARDING NON-SCHEDULED ITEMS AFFECTING THE ZONING AFFAIRS OF THE CITY) There were none. 9. ADJOURNMENT There being no further business to come before the Board, Chairman Brantley declared the meeting adjourned. Zoning Board of Adjustment Regulaz Meeting Minutes July 18, 2006, Page 7 Linda Cowart, Recording Secretary Malvin Brantley, Chairman