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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