HomeMy WebLinkAbout1995-04-03AGENDA
CITY OF GRAPEVINE
BOARD OF ZONING ADJUSTMENT MEETING
MONDAY EVENING, APRIL 3, 1995, AT 6:00 P.M.
COURT ROOM /COUNCIL CHAMBERS, #205
307 WEST DALLAS ROAD
GRAPEVINE, TEXAS
11. OATH OF TRUTH
111. NEW BUSINESS
A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC
HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE
BZA95 -04, SUBMITTED BY PARK WEST PLAZA, AND
CONSIDERATION OF SAME.
B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC
HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE
BZA95 -05, SUBMITTED BY GRAPEVINE FITNESS CENTER, AND
CONSIDERATION OF SAME.
C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC
HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE
BZA95 -06, SUBMITTED BY LOVE CHAPEL C.O.G.I.C., AND
CONSIDERATION OF SAME.
D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC
HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE
BZA95 -07, SUBMITTED BY GLORIA MCKENNEY, AND
CONSIDERATION OF SAME.
V. MINUTES
BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF
THE MARCH 6, 1995 MEETING.
VI. MISCELLANEOUS REPORTS AND /OR DISCUSSION
VII. ADJOURNMENT
IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY
THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT
THE OFFICE OF DEVELOPMENT SERVICES AT (817) 481 -0377 AT LEAST 24 HOURS
IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR
NEEDS.
IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq.
ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARD OF ZONING ADJUSTMENT
MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 31 ST DAY OF
MARCH, 1995 AT 5:00 P.M.
DEVELOPMENT SERVICES DIRECTOR
STATE OF TEXAS
COUNTY OFTARRANT
CITY OF GRAPEVINE
The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday
evening, April 3, 1995, at 6:00 P.M. in the Council Chambers, Room #205, 307 West
Dallas Road, Grapevine, Texas, with the following members present to wit:
Chris Coy
Chairman
Randy Howell
Vice - Chairman
Ery Meyer
Secretary
Carl Hecht
Member
Jeff Wood
1 st Alternate
Jill Davis
2nd Alternate
with newly appointed member Dennis Luers observing, constituting a quorum. Also
present was Councilman Gill Traverse and the following City Staff:
Scott Williams
Building Official
Marcy Ratcliff
City Planner
Teresa Wallace
Planning Secretary
Kelly Doughty
Building Inspection Secretary
Chairman Chris Coy called the meeting to order at 6:00 P.M.
NEW BUSINESS
The first item for the Board of Zoning Adjustment to consider was BZA95 -04
submitted by Michael Twichell for Grapevine /Wall Joint Venture who is requesting a
variance for 2011 West Northwest Highway, Lot 3, Block 1, Park and Wall Addition.
The request is to Grapevine Comprehensive Zoning Ordinance 82 -73, as follows:
Section 25.G.4., Community Commercial District which requires every lot shall have
two side yards, each of which shall be not less than twenty feet in width.
The applicant is requesting a five (5) foot encroachment into the required twenty (20)
foot side yard setback along the eastern property line of lot 3 as shown on the site
plan. If approved it would allow a fifteen (15) foot side yard setback.
it
Scott Williams further explained the variance application was submitted in conjunction
with a request for a Conditional Use Permit CU95 -09 for the expansion of the Park
West Plaza Planned Commercial Center. The expansion would include development
of an 11,238 square foot office strip center, adjacent to the GTE Building and at the
main entry to the shopping center. The Planning and Zoning Commission
recommended approval and City Council approved the plan pending the approval of
the variance request.
Scott Williams, Building Official, told the Board that Staff finds a special condition for
the request because the applicant is attempting to facilitate traffic flow by maintaining
the thirty five (35) foot driveway entrance from Northwest Highway. The minimum
driveway width is twenty five (25) feet. Staff and the Planning & Zoning Commission
have discussed the importance of the extra wide driveway relative to traffic entering
and exiting the development and accommodation of the proposed parking on either
side of the driveway.
The applicant, Michael Twichell, was not present to address the request.
With no further comments, no guests to speak to the request, and no letters or
petitions, Jeff Wood moved to close the public hearing. Carl Hecht seconded the
motion which prevailed by the following vote:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
After a brief discussion, Carl Hecht moved there was a special condition for the
request and that condition being the need to retain the thirty five (35) foot driveway
width to facilitate traffic entering and exiting Northwest Highway. Jeff Wood
seconded the motion which prevailed by the following vote:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
Carl Hecht moved, with a second by Ery Meyer, to approve the variance request for
Lot 3, Block 1, Park and Wall Addition addressed as 2011 West Northwest Highway
to allow a five foot encroachment into the required twenty (20) foot side yard setback
along the eastern property line of Lot 3, adjacent to the GTE Building to allow a fifteen
(15) foot side yard setback as shown on the site plan. The motion prevailed as
follows:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
C
BZA MINUTES
4/3/95
BZA95 -05 - GRAPEVINE FITNESS CENTER
Next for the Board of Adjustment to consider was BZA95 -05 submitted by Roy
Demler for Grapevine Fitness Center who is requesting a variance for 1641 West
Northwest Highway, Lots 1 & 2, Northwest Plaza Addition. The request is to
Grapevine Comprehensive Zoning Ordinance 82 -73 as follows:
Section 26.M.4., Highway Commercial District which requires a wall, fence, or berm
to be erected to effectively screen the Highway Commercial District from the
residential area. According to the approved site plan, a screening fence is required to
be placed along the entire rear property line of the Northwest Plaza Shopping Center.
The proposed variance would allow the screening fence to not be replaced between
the southeast corner of the Northwest Plaza Shopping Center, extending 287 feet to
the west along the parking lot area of the Abundant Life Assembly of God Church as
shown on the site plan. If approved, the variance would permit the deletion of 287
feet of the required screening fence between a Highway Commercial District and a "R-
7.5" Single Family District.
Scott Williams, Building Official, told the Board an application was submitted to the
Department of Development Services by Mr. Roy Demler after a complaint was
received about the removed screening fence. The fence was removed without
realizing it was a required screening fence. The applicant and Abundant Life
Assembly of God removed the screening fence for the purpose of sharing their
existing parking spaces.
Staff recommends that the Board consider input from surrounding property owners
in making their decision, since the Church property is not developed as a single family
residence.
Roy Demler, 1023 Emerald Oaks, Grapevine, Texas, of the Grapevine Fitness Center
was sworn in to speak to the request. He told the Board that by allowing the fence
to remain down it would be mutually beneficial to the Grapevine Fitness Center and
the adjacent church to have shared parking. He told the Board that many of the
members of Abundant Life Church used his parking spaces during church services and
that many of his patrons used the church parking lot when attending the fitness
center.
Eddy Brewer, 2050 Wedgewood, Grapevine, Texas, Pastor of Abundant Life Church
was sworn in to speak to the request. He asked the Board's consideration in
approving the variance request allowing the fence to remain down. He commented
3
BZA MINUTES
4/3/95
that not only did the church approve of the ability to share parking, but having the
fence down also alleviated safety concerns for members of his church who regularly
parked at the fitness center.
With no other guests to speak and one letter of support of the request, Ery Meyer
moved, with a second by Carl Hecht, to close the public hearing. The motion
prevailed by the following vote:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
During discussions, members questioned granting a variance from the requirements
of the Highway Commercial District and that the church might change ownership in
the future and would prefer the screening fence. They also discussed the possibility
of using landscaping as a barrier between the commercial use and the residential
district.
Councilman Gil Traverse commented that if the church were to change ownership a
fence could be erected on the church property if they were not in agreement with the
screening variance.
Randy Howell moved, with a second by Ery Meyer, that a special condition did exists
in that the input from the adjacent property owner was greater than the intent of the
zoning ordinance. The motion prevailed by the following vote:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
Randy Howell moved, with a second by Carl Hecht, to approve the variance request
for Lots 1 & 2, Block 1, Northwest Plaza Addition, addressed as 1641 West
Northwest Highway to allow 287 feet of the screening fence between the Grapevine
Fitness Center and the Abundant Life Church to remain down, but requiring the
applicant to plant a live landscape barrier of six trees, at least seven feet in height, to
replace the downed fence to screen the Commercial District and Residential District
uses. The motion prevailed as follows:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
0
BZA MINUTES
4/3/95
BZA95 -06 - LOVE CHAPEL CHURCH OF GOD IN CHRIST
Next for the Board of Adjustment to consider was BZA95 -06 submitted by Reverend
E. R. Glenn, Jr. for Love Chapel C.O.G.I.C. who is requesting variances and a special
exception for Lots 22R, 23R, 24R, Northside Addition and Tract 30S, A. F. Leonard
Survey, Abstract 946, addressed as 300 Turner Street as follows:
Section 21.G.4., "R -MF -1 " Multifamily District Regulations which require a minimum
lot width of 200 feet. The request is to allow a 70 foot variance to the minimum lot
width of 200 feet as shown on the concept plan. If approved, it would allow a
minimum lot width of 130 feet.
Section 21.G.5. "R -MF -1" Multifamily District Regulations which require a minimum
lot depth of 200 feet. The request is to allow a 5 foot variance to the minimum lot
depth of 200 feet as shown on the concept plan. If approved, it would allow a
minimum lot depth of 195 feet.
Section 21.F.2. "R -MF -1" Multifamily District Regulations which require a minimum
lot size of 2 acres. The request is to allow a 1.4 acre variance to the minimum lot
size as shown on the concept plan. If approved, it would allow a lot size of 0.6 acres.
Section 43.E.3. Nonconforming Uses and Structures which allows the Board of Zoning
Adjustment to approve, as a special exception, the remodeling or enlargement of the
nonconforming Church development when such an enlargement would not tend to
prolong the life of the nonconforming use. The proposed special exception, if
approved, would allow the current development to exist as built and allow the
expansion to the existing building and parking lot as shown on the concept plan. If
approved, the expansion would encroach the front and side yard setbacks and would
not be in compliance with the landscaping regulations.
Marcy Ratcliff, City Planner, explained the Love Chapel Church of God in Christ
submitted for Council approval a replat and concept plan of their property in order to
procure a building permit. Staff discovered during the review period the plat and
concept plan did not meet the Zoning Ordinance requirements. Staff worked diligently
with the Love Chapel Church on their conceptual plan to accommodate the future
needs of the Church and work within the confines of the Zoning Ordinance. Love
Chapel Church of God in Christ is zoned "R -MF -1 ", Multifamily. However, most of the
properties in the Northside Addition are developed as single family. The property is
located within the proposed Grapevine Township Revitalization Area, which is
intended to preserve the historic residential architecture in Grapevine.
A
BZA MINUTES
4/3/95
Mrs. Ratcliff told the Board that Staff finds the existing property cannot physically
meet the minimum density requirements and area regulations of the "R -MF -1 "
Multifamily District, because it is too small, and adjacent property owners are not
willing to sell the Church additional land. The existing development was built prior to
the current development requirements of the "R -MF -1 " Multifamily District
requirements. The property was rezoned in the 1984 City Rezoning from "R -1 " Single
Family to "R -MF -1 " Multifamily. Under the previous zoning the setbacks were smaller
and landscaping was not required.
Mr. Collice Ford, representing Love Chapel C.®.G.I.C., was introduced to respond to
any questions from the Board. He had nothing further to add to the presentation by
Staff. Board member, Randy Howell, abstaining from the vote, spoke in favor of the
request explaining that he was a property owner adjacent to the Church and was
impressed by the future plans for the Church property and its impact on the
surrounding property. Councilman Gill Traverse also spoke in favor of the request
explaining the Council was interested in the properties in the Northside Addition as
being part of the revitalization program currently underway which will make bank
loans available for remodeling and repair of properties. He commented the Church
was making a positive contribution to the area.
With no other guests to speak to the request, Carl Hecht moved to close the public
hearing. Ery Meyer seconded the motion which prevailed by the following vote:
Ayes:
Coy, Meyer, Hecht, and Wood
Nays:
None
Abstain:
Howell
After a brief discussion, Carl Hecht moved that a special condition did exists to allow
the first three requests and that being the existing development was built prior to the
current development requirements of the "R -MF -1 " Multifamily District requirements.
The property was rezoned in the 1984 City Rezoning from "R -1 " Single Family to "R-
MF -7 Multifamily. Under the previous zoning the setbacks were smaller and
landscaping was not required. Ery Meyer seconded the motion which prevailed by the
following vote:
Ayes:
Coy, Meyer, Hecht, and Wood
Nays:
None
Abstain:
Howell
Jeff Wood moved that a special condition exists for the special exception and that
being the property was developed prior to the rezoning of the City in 1984 and cannot
0
BZA MINUTES
4/3/95
physically meet the requirements of the current zoning ordinance. Jill Davis seconded
the motion which prevailed by the following vote:
Ayes:
Coy, Meyer, Hecht, and Wood
Nays:
None
Abstain:
Howell
Carl Hecht moved, with a second by Ery Meyer, to approve the variance requests for
Lots 22R, 23R, 24R, Northside Addition and Tract 30S, A. F. Leonard Survey,
Abstract No. 946, addressed as 300 Turner Street as follows:
Section 21.G.4., "R -MF -1 " Multifamily District Regulations to allow a 70 foot variance
to the minimum lot width of 200 feet to allow a minimum lot width of 130 feet as
shown on the concept plan.
Section 21.G.5. "R -MF -1" Multifamily District Regulations to allow a 5 foot variance
to the minimum lot depth of 200 feet to allow a minimum lot depth of 195 feet as
shown on the concept plan.
Section 21.F.2. "R -MF -1 " Multifamily District Regulations to allow a 1.4 acre variance
to the minimum lot size to allow a lot size of 0.6 acres as shown on the concept plan.
The motion prevailed as follows:
Ayes:
Coy, Meyer, Hecht, and Wood
Nays:
None
Abstain:
Howell
Jeff Wood moved, with a second by Chris Coy, to approve the special exception
request for Lots 22R, 23R, 24R, Northside Addition and Tract 30S, A. F. Leonard
Survey 946, addressed as 300 Turner Street as follows:
The special exception will allow the current development to exist as built allowing an
expansion to the existing building and parking lot which will encroach the front and
side yard setbacks and not comply with the landscaping regulations as shown on the
concept plan.
The motion prevailed by the following vote:
7
BZA MINUTES
4/3/95
Ayes:
Coy, Meyer, Hecht, and Wood
Nays:
None
Abstain:
Howell
BZA95 -07 - STEVEN & GLORIA MCKENNEY
Next for the Board of Adjustment to consider was BZA95 -07 submitted by Steven &
Gloria McKenney who are requesting a variance for Lot 15, Block 6, La Paloma
Estates Second Section, addressed as 1731 Palo Duro Trail as follows:
Section 15.G.1., R.7.5 " Single Family District Regulations which require a thirty (30)
foot front yard setback. The variance request is to allow a one and one -half (1 1/2)
foot encroachment into the required thirty (30) foot front yard setback as shown on
the plot plan. If approved, it would allow a twenty eight and one -half (28 1/2) foot
front yard setback.
Scott Williams, Building Official, told the Board an application was submitted to the
Department of Development Services by Steven & Gloria McKenney. Mr. & Mrs.
McKenney were informed prior to the closing of the sale on their home that a building
line encroachment existed. The lender took exception to the encroachment and
required the encumbrance on the title be cleared. Mr. & Mrs. McKenney are
requesting a variance to allow them to obtain a policy of title insurance on the
property.
Mr. Williams explained Staff finds a special condition exists, in that the house was
built prior to the requirement of building line setback inspections, and the
encroachment is not the fault of the owner.
With no guests to speak to the request, Ery Meyer moved to close the public hearing.
Randy Howell seconded the motion which prevailed by the following vote:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
Randy Howell, moved with a second by Ery Meyer, that a special condition for the
request exists and that being the encroachment into the required front yard is not the
fault of the owner because the house was built prior to building setback requirements.
The motion prevailed by the following vote:
E.,
BZA MINUTES
4/3/95
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
Randy Howell moved to approve the variance requests for Lot 15, Block 6, La Paloma
Estates Second Section, addressed as 1731 Palo Duro Trail for the following:
Section 15.G.1., "R.7.5" Single Family District Regulations to allow a one and one -
half (1 1/2) foot encroachment into the required thirty (30) foot front yard setback to
allow a twenty eight and one -half (28 1/2) foot front yard setback as shown on the
plot plan. Ery Meyer seconded the motion which prevailed by the following vote:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
MINUTES
Next the Board of Zoning Adjustment considered the minutes of the March 6, 1995,
meeting.
Jeff Wood moved to approve the minutes of March 6, 1995. Ery Meyer seconded the
motion which prevailed by the following vote:
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
MISCELLANEOUS
Carl Hecht spoke briefly to the Board about the Grapevine- Colleyville School Board
entertaining the proposed freeport tax district exemption. He told members if they
were in favor of the proposal they should contact school board members.
Also, members requested to meet in workshop session to discuss issues that have
come before them in the previous year. Staff agreed to plan a workshop session and
would advise board members of the date chosen.
.O
With no further discussion, Carl Hecht moved, with a second by Ery Meyer to adjourn
the meeting. The motion prevailed by the following vote:
W
BZA MINUTES
4/3/95
Ayes: Coy, Howell, Meyer, Hecht, and Wood
Nays: None
The meeting was adjourned at 7:05 P.M.
PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY
OF GRAPEVINE, TEXAS, ON THIS THE 1 ST DAY OF MAY, 1995.
ATTEST:
9 ARY
CRE 9E-
CRE
APPROVED:
0:\BZA\95-07.4
10