MINUTES OF THE WORK SESSION MEETING OF THE ZONING BOARD OF ADJUSTMENT CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 25, 2014

Transcription

1 MINUTES OF THE WORK SESSION MEETING OF THE ZONING BOARD OF ADJUSTMENT CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 25, 2014 The meeting was called to order by Chairman Tom Duer at 6:33 p.m. PRESENT AT THE MEETING WERE : PRESENT Chairman Tom Duer Doris Elston Jim Kemp Fonda Kunkle Robert Housewright ABSENT Brian Crowson Bill Gibbs CITY STAFF Director of Planning & Dev. John Pitstick Building Official Dave Pendley Recording Secretary Cheryl Booth 1. Discussion of Item on the Zoning Board of Adjustment Regular Session Agenda. Dave Pendley presented the item for discussion at tonight s meeting. On , there was a fire at the residence located at 6415 Glenview Drive. The zoning in this area is commercial. It is possible to have a legal non-conforming building, however they must meet certain criteria. Today s appeal is to reconstruct a non-conforming use. In order to rebuild this building as a residence, the cost of improvements cannot exceed 50 (fifty) % of the TAD (Tarrant Appraisal District) property value. The TAD value of this property is $65,000 (sixty five thousand). Assuming that building plans meet appropriate criteria, Building Inspections could approve the permit application. As the permit application repair value is $120,000 (one hundred twenty thousand), Building Inspections could not approve this permit application per building code. The applicant s only option is to appeal before this Zoning Board of Adjustment in such a case. The applicant has the ability to pare down items from the list of repairs. This house was pretty old and tired before the fire. Robert Housewright inquired if the property is currently occupied. Dave responded that it is not currently occupied. The family has been living in temporary housing until the fire damage is repaired. John Pitstick stated that were the application approved, the property owner could build as residential under the current zoning, which is Local Retail. This property operated as Page 1

2 a Day Care years ago. The Comprehensive Land Use Plan shows this area would most likely not remain commercial. Chairman, Tom Duer inquired when this property was re-zoned. Dave responded that Chad VanSteenberg conducted research to discover that the property has been zoned as LR (Local Retail) since at least Robert Housewright commented that Glenview Road is in terrible shape. John responded that the road is on the long term repair plan. But it doesn t really make sense to repair while Loop 820 is being constructed. Additionally, greater truck traffic due to the construction hasn t helped the condition of Glenview Drive. Robert Housewright inquired regarding staff s view on future zoning of this property. John responded that this area is programmed to be zoned residential. He posed the question of how old does a building need to be before it is no longer considered useful? There comes a point that the land becomes more valuable than the property. Dave Pendley commented that these types of applications are never easy. Chairman, Tom Duer, questioned if this property were currently zoned residential, would this application be presented before ZBA? Dave s response was that there would not have been a need for ZBA approval in that case. However, the reconstruction would need to meet code masonry requirements. Robert Housewright inquired if the city owns the former Food Lion property on Glenview Drive. Dave responded that it does. Chairman, Tom Duer inquired clarification regarding current zoning as LR (Local Retail) and the ZBA s focus for today s application. Dave responded that the board is to consider continuation as a residential property in a Local Retail zoned area. Dave stated that the applicant had within 90 days of the fire to submit ZBA application to reconstruct a non-conforming use. 2. ADJOURNMENT The Work Session adjourned at 6:54 p.m. Chairman Tom Duer Page 2

3 MINUTES OF THE MEETING OF THE ZONING BOARD OF ADJUSTMENT CITY OF NORTH RICHLAND HILLS, TEXAS SEPTEMBER 25, CALL TO ORDER The meeting was called to order by Chairman Tom Duer at 7:00 p.m. 2. ROLL CALL PRESENT Chairman Tom Duer Doris Elston Jim Kemp Fonda Kunkle Robert Housewright ABSENT Brian Crowson Bill Gibbs CITY STAFF Director of Planning & Dev. John Pitstick Building Official Dave Pendley Recording Secretary Cheryl Booth Page 3 3. PLEDGE OF ALLEGIANCE Tom Duer led the Pledge of Allegiance. 4. CONSIDERATION OF MINUTES FROM THE AUGUST 28, 2014 MEETING Robert Housewright motioned to approve the minutes from the August 28, 2014 meeting. The motion was seconded by Fonda Kunkel and approved (5-0). 5. BA A PUBLIC HEARING TO CONSIDER A REQUEST FROM FRANK RODRIGUEZ TO RECONSTRUCT A NON-CONFORMING USE LOCATED AT 6415 GLENVIEW DRIVE AS SPECIFIED IN SECTION (2) OF THE CITY OF NORTH RICHLAND HILLS CODE OF ORDINANCES. Dave Pendley presented the item on behalf of staff. The applicant is Frank Rodriguez. Years ago, this property was a day care. The background on this property is it was built in It has been zoned commercial some time prior to The Deed date on this

4 home is Fire occurred on Building permit was applied for on Building permit was denied by Planning & Zoning s Building Permits department on The property is currently zoned LR (Local Retail). It is surrounded on three sides by R-1, R-3 and R-2 zoning, all residential. When a nonconforming property becomes damaged, certain criteria must be met in a rebuild. This particular application is a difficult presentation to the ZBA board as there has been a family living on this property who have been displaced. There have been 2 (two) prior cases with similarity. One of these cases was denied and one was approved. The future comprehensive plan is for this area to be low density residential. Today s appeal is to reconstruct a non-conforming use. In order to rebuild this building as a residence, the cost of improvements cannot exceed 50 (fifty) % of the TAD (Tarrant Appraisal District) property value. The TAD value of this property was $65,000 (sixty five thousand). Were repairs meeting that criteria, Building Inspections could approve the permit application. As the repair value was $120,000 (one hundred twenty thousand), Building Inspections could not approve the permit application per building code. The applicant s only option is to appeal before this Zoning Board of Adjustment in such a case. Chairman, Tom Duer requested clarification of tonight s application. The requirement to present before the ZBA was for approval of repair expenditures that exceed 50 (fifty)% of TAD value. Dave replied that tonight s application is not considered a variance (4). It is actually for permission to reconstruct the fire-damaged residential home. Dave Pendley discussed the building code requirements regarding rebuild costs relative to TAD value. John Pitstick stated that anyone can build a new property and conform to current regulations. But a rebuild permit is restricted to 50% of the TAD value of the property. Dave stated that TAD value of this property is $65,000 (sixty five thousand). The maximum value that could be approved through ZBA is $65,000 (sixty five thousand). John asked what would be the useful life of this building. Robert Housewright inquired if this 1950 s home meets code now. Dave responded that it probably does not meet code. Jim Kemp asked for clarification that the repair value is currently proposed at $120,000 (one hundred twenty thousand). His concern is how that quote can be decreased to the maximum allowed of $65,000 (sixty five thousand). Dave Pendley responded that he believes he can work with the applicant to remove items from the rebuild quote to bring down the costs. Applicant, Paul Pfleiderer from 820 East Dove Road; Grapevine, TX; representing Kustom US Inc is speaking on behalf of Frank Rodriguez. Chairman Tom Duer swore in the applicant prior to presenting to the board. Mr. Pfleiderer stated that he met the night of the fire with home owners. Most of the damage is cosmetic. Two interior bedrooms sustained damage to the drywall and insulation. A hole in the wall near the ceiling was caused by the fire department as they were seeking additional fire inside the walls. The front rooms sustained minimal damage, mostly to the popcorn ceiling. He reiterated that structurally, the exterior is intact. Mr. Pfleiderer reviewed the insurance quote total is $120, Nearly $70,000 (seventy thousand) is for cosmetic repairs. Nearly $20,000 (twenty thousand) is trade work. Page 4

5 Chairman, Tom Duer inquired if there was any need for foundation repair. Mr. Pfleiderer replied no. Chairman, Tom Duer inquired if there was any need for plumbing repair. Mr. Pfleiderer replied no. Mr. Pfleiderer stated that code upgrades are included in the insurance quote. Chairman, Tom Duer inquired if the major portion of these repair costs are to bring the home up to code, he couldn t see the repair from the fire damage exceeding approximately $40,000 (forty thousand). There is built in hardship to bring this property up to code. The home having been a day care is probably what forced the zoning to LR (Limited Retail) and what prompted the installation of asphalt paving. Applicant, Kent Davis from 6817 Nob Hill Drive; North Richland Hills; as legal representation on behalf of Frank Rodriguez. Mr. Davis legal firm operates out of 9284 Huntington Square; North Richland Hills. Chairman Tom Duer swore in the applicant prior to presenting to the board. Mr. Davis stated that Mr. and Mrs. Rodriquez desire to live out their twilight years at this property. Reconstruction costs are quoted at $119,000 (one hundred nineteen thousand). Their remaining mortgage is at $ (one hundred sixty thousand). They owe more than the house is worth. They are living in temporary housing right now. Without this variance, they will be forced into an unfavorable situation, when they own this property. This board has every right to deny this application. My question is do you want to do the right thing? This house will not be here in 15 to 20 years. Chairman, Tom Duer opened the Public Hearing at 07:35pm and asked staff to present facts of the case. Joe Wade; 6420 Diamond Loch North spoke in favor of this application. Mr. Wade s property backs up to the Rodriquez property. Chairman Tom Duer swore in the public hearing participant prior to presenting to the board. I ve been there for 38 (thirty eight) years. My only concern with this application is that there are extra buildings which have been the location of loud parties. The police have been called to this property for parties. There are people living in those buildings. Were this application to be granted, I want to alert ZBA of the concern for how many people are living on that property. (James) Wayne Cromer; 6416 Diamond Loch North spoke in favor. Chairman Tom Duer swore in the public hearing participant prior to presenting to the board. I have the same concerns as my neighbor, Joe Wade regarding the loud parties. Being no additional comments, Chairman, Tom Duer closed the Public Hearing at 07:39pm. Chairman, Tom Duer inquired about residential property with separate living quarters. Dave Pendley responded that, as mentioned, it is against city code for more than 4 (four) unrelated persons to be residing on a single property. Such a situation becomes classified as multi-family residential. Were that to go on, it would become a code violation. It becomes difficult to prove up. An accessory building can be used for storage. Per today s building code, were an accessory building constructed, the plans Page 5

6 would not be approved to include a bathroom inside. This particular building does have a bathroom as it was a day care at one time. Chiarman, Tom Duer inquired if the neighbors should call in to report an observation of multiple persons residing at the property. Dave responded that they could do so, but understand that they would likely be asked to testify in court. Applicant, Frank Rodriguez, along with his power of attorney and sister-in-law, Andrea Garza came forward to respond to neighbor concerns. Chairman Tom Duer swore in both applicants prior to presenting to the board. Ms. Garza responded that the comings and goings observed would be from their very large family. She stated that they do have a number of family fiestas. It is part of their ethnic culture. No one lives in the back. Mr. David Pendley did meet with us at the property and did not observe any dwelling in that building. Mr. Rodgriguez stated that the plumbing no longer works inside that building. He commented that their home, being a fairly old structure, doesn t take much money to meet the 50( fifty) % repair cost threshold. Chairman, Tom Duer replied that the small price tag on the property value does make this a challenging repair to fall within the required cost parameters. He stated that although this property is classified as LR (Local Retail ), it is not operating as a commercial property. Likewise, the comprehensive land use plan shows this area to likely be residential, not commercial. Dave Pendley stated that the home only needs to be functional. There are some items in the insurance repair plan that could be eliminated to reduce costs. Chairman, Tom Duer inquired if the ZBA could suggest approving application without unnecessary addons in order to reduce the repair value to bring it down to the TAD value maximum? Dave Pendley responded that ZBA has the ability to approve today s application for an exception to exceed the 50% TAD value, but not to exceed 100% of TAD value, which is $65,000 (sixty fix thousand). Chairman, Tom Duer stated that the zoning is not something that could be changed as part of the ZBA board approval. John Pitstick clarified that the ZBA does have the ability to stipulate that this property could only be used for residential purposes as part of the approval. APPROVED JiIm Kemp motioned to approve BA Robert Housewright seconded the motion. The motion passed unanimously (5-0). Chairman 6. ADJOURNMENT There being no other business, the meeting adjourned at 7:53 pm. Tom Duer Page 6