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Home My WebLink About1995-07-10STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment of the City of Grapevine, Texas met in Executive Session on Monday evening, July 10, 1995, at 6:00 P.M. in the Conference Room #204, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Chris Coy Ery Meyer Carl Hecht Jill Davis Dennis Luers Roger Modrow Chairman Secretary Member Member 1 st Alternate 2nd Alternate with member Randy Howell absent, constituting a quorum. Also present was Councilman Gill Traverse and the following City Staff: H. T. (Tommy) Hardy Marcy Ratcliff Teresa Wallace Scott Williams Kelly Doughty Bob Price Jerry Hodge Stan Lowry CALL TO ORDER Dir. of Development Services Planner Planning Secretary Building Official Building Inspection Secretary Sr. Civil Engineer Dir. of Public Works Department City Attorney Chairman Chris Coy called the meeting to order at 5:45 P.M and immediately called for a recess because City Attorney, Stan Lowry, was delayed in arriving at the meeting. The Board of Adjustment reconvened in the Council Chambers, Room #205 to open the regular meeting and hear BZA95 -16 submitted by Richard Pemberton. The Board of Zoning Adjustment reconvened in the Conference Room, #204 to continue the executive session at 6:15 P.M. ITEM 1. -• EXECUTIVE SESSION Chairman Chris Coy announced the Board of Zoning Adjustment would conduct a closed session relative to Board of Zoning Adjustment Case BZA95 -13, submitted by Owen D. Long under Section 551.071, Texas Government Code. 1 BZA Minutes Executive Session 7/10/95 After a brief discussion, Chairman Chris Coy adjourned the executive session at 6:32 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE f DAY OF 1995. N STATE OF TEXAS COUNTY OFTARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening, July 10, 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 Ery Meyer Carl Hecht Jill Davis Dennis Luers Roger Modrow Chairman Secretary Member Member 1st Alternate 2nd Alternate with member Randy Howell absent, constituting a quorum. Also present was Councilman Gill Traverse and the following City Staff: H. T. (Tommy) Hardy Marcy Ratcliff Teresa Wallace Scott Williams Kelly Doughty Bob Price Jerry Hodge Stan Lowry Dir. of Development Services Planner Planning Secretary Building Official Building Inspection Secretary Sr. Civil Engineer Dir. of Public Works Department City Attorney Chairman Chris Coy called the meeting to order at 6:00 P.M. OATH OF OFFICE Mrs. Jill Davis was sworn in to serve as a regular Board of Zoning Adjustment member by Teresa Wallace, Planning Secretary. Mr. Roger Modrow and Mr. Dennis Luers were sworn in to serve as first and second alternate to the Board of Zoning Adjustment by Teresa Wallace, Planning Secretary. NEW BUSINESS The first item for the Board of Zoning Adjustment to consider was BZA95 -16 submitted by Richard Pemberton who was requesting variances for Lot 12, Shorecrest Acres, specifically addressed as 800 Dunn Street. The requests were to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: E BZA Minutes 7/10/95 Section 15.G.1., "R -7.5" Single Family District Regulations which requires a thirty (30) foot front yard setback. The proposed variance would allow a ten (10) foot encroachment into the required thirty (30) foot front yard setback. If approved, it would allow a twenty (20) foot front yard setback. Section 15.G.2., "R -7.5" Single Family District Regulations which requires a twenty five (25) foot rear yard setback. The proposed variance would allow a nine (9) foot encroachment into the rear yard setback. If approved, it would allow a sixteen (16) foot rear yard setback. Section 15.G.5., "R -7.5" Single Family District Regulations which requires a minimum lot depth of one hundred (100) feet. The proposed variance would allow a twenty (20) foot reduction to the one hundred (100) foot minimum depth of lot. If approved, it would allow a minimum lot depth of eighty (80) feet. Scott Williams, Building Official, explained to the Board that Staff found a special condition for the request. He explained the lot was platted in 1951 with a twenty -five (25) foot front yard setback, which met the requirements of the zoning ordinance at that time. Richard Pemberton was present to respond to questions relative to the request. One written response was received in favor of the request. With no other guests to speak, Ery Meyer moved to close the public hearing. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Hecht, Davis, Luers, and Modrow Nays: None After a brief discussion, Ery Meyer moved, with a second by Jill Davis, that a special condition did exist for the requests and that being the lot was platted in 1951 with a twenty -five (25) foot front yard setback which met the zoning ordinance requirements at that time. Ayes: Coy, Meyer, Hecht, Davis, Luers, and Modrow Nays: None 2 BZA Minutes 7/10/95 Ery Meyer moved, with a second by Jill Davis, to grant the variances to the Grapevine Comprehensive Zoning Ordinance 82 -73, Section 15.G.1., "R -7.5" Single Family District Regulations; Section 15.G.2., "R -7.5" Single Family District Regulations, and Section 15.G.5., "R -7.5" Single Family District Regulations for Lot 12, Shorecrest Acres, specifically addressed as 800 Dunn Street, to allow a ten (10) foot encroachment into the required thirty (30) foot front yard setback allowing a twenty (20) foot front yard setback; a nine (9) foot encroachment into the rear yard setback allowing a sixteen (16) foot rear yard setback; and a twenty (20) foot reduction to the one hundred (100) foot minimum depth of lot and allowing a minimum lot depth of eighty (80) foot. The motion prevailed by the following vote: Ayes: Coy, Meyer, Hecht, Davis, Luers, and Modrow Nays: None • • e The next item for the Board of Zoning Adjustment to consider was BZA95 -13 submitted by Owen D. Long, representing Bruce and Shirley Schollmeyer who are requesting a special exception for Wheel Estates Mobile Home Park located at 3107 Mustang Drive, Grapevine, Texas. The special exception is to the Grapevine Comprehensive Zoning Ordinance 82 -73 as follows: Section 43.E.3., Nonconforming Uses and Structures which allows the Board of Zoning Adjustment to approve the enlargement of a nonconforming use when such an enlargement would not tend to prolong the life of the nonconforming use. The proposed special exception would allow the expansion of the existing . nonconforming mobile home park from 94 units to 110 units with each lot containing a minimum of 4,500 square feet as shown on the exhibit. If approved, it would allow the existing nonconforming mobile home park to expand by 16 units for a total of 110 units with each lot containing a minimum of 4,500 square feet as shown on the exhibit. H. T. (Tommy) Hardy, Director of Development Services, told the Board the special exception request was the result of arbitration between the City of Grapevine and Bruce & Shirley Schollmeyer relative to property acquired by the City to complete the expansion and drainage plan of the Mustang Drive project. As a condition of the settlement agreement, Staff agreed to recommend approval of an expansion to the mobile home park. Further, Mr. Hardy explained Wheel Estates Mobile Home Park was existing at the time of the City wide rezoning of 1984 and was grandfathered as a nonconforming use in the "R -7.5" Single Family District. 3 BZA Minutes 7/10/95 Mr. Hardy introduced Mr. Doug Long, representative of Bruce & Shirley Schollmeyer, to address any questions relative to the request. He also introduced Stan Lowry, City Attorney, Jerry Hodge, Director of Public Works and Bob Price, Civil Engineer to respond to any questions. Mr. Doug Long, 1515 Precinct Line, Hurst, Texas explained to the Board he had been working with City representatives to reach an agreement that would be acceptable to both parties. He explained the Schollmeyer's were requesting to expand the mobile home park within the existing boundaries currently developed as a mobile home park. They were proposing to add nine units around the existing perimeter of the property on the west side of the existing drainage area and seven units to be added to the internal area now occupied by playground equipment. The play area is proposed to be moved to the south end of the property, west of the drainage area. Further, he explained they were not planning any expansion west of the existing drainage area. He told the Board a bridge would be required to access the area across the drainage easement which would be cost prohibitive. Questions from adjacent property owners requesting further information on the litigation pertaining to the drainage issue were addressed by Stan Lowry, City Attorney. He explained that he could not discuss the terms of the litigation except that it was a condemnation law suit to acquire additional right -of -way to expand Mustang Drive. Concerns were regarding the expansion and its' impact on the flood plain and the existing trees behind their homes by Jerry Hodge, Director of Public Works. He explained that a survey of the subject property was underway and trees were being flagged in the existing drainage area. He said that the City would preserve as many of the trees as possible and no tree would be removed unless absolutely necessary. Citizens present to address the request were as follows: Don Wall, 2104 Westbrook, Grapevine, Texas Barbara Wharton, 2116 Westbrook, Grapevine, Texas Karen Daly, 3013 Cresthaven Court, Grapevine, Texas Jack Barrett, 2110 Westbrook, Grapevine, Texas Concerns were addressed relative to the future expansion of the drainage area, trailers being placed across the creek adjacent to their homes and proposed future playground area for the children. Staff reported nine written property owner responses were received against the request. 0 BZA Minutes 7/10/95 With no other guests to speak, Carl Hecht moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Hecht, Davis, Luers, and Modrow Nays: None After a brief discussion, Carl Hecht moved, with a second by Dennis Luers, that a special condition did exist and that being there was a public need for additional right - of -way, drainage easement and sidewalk easement for the development of Mustang Drive and necessary drainage improvements. Ayes: Coy, Meyer, Hecht, Davis, Luers, and Modrow Nays: None Carl Hecht moved, with a second by Ery Meyer, to grant the special exception to the Grapevine Comprehensive Zoning Ordinance 82 -73, Section 43.E.3., Nonconforming Uses and Structures for 3107 Mustang Drive to allow the expansion of the existing nonconforming mobile home park from 94 units to 110 units, with each lot containing a minimum of 4,500 square feet as shown on the exhibit. Ayes: Coy, Meyer, Hecht, Davis, Luers, and Modrow Nayes: None MINUTES Next the Board of Zoning Adjustment considered the minutes of the June 5, 1995 as amended. Ery Meyer moved to approve the minutes of the June 5, 1995 meeting as amended. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Hecht, Davis, Luers, and Modrow Nays: None ADJOURNMENT With no further discussion, Carl Hecht made a motion to adjourn. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Hecht, Davis, Luers, and Modrow Nays: None The meeting was adjourned at 7:05 P.M. 0 BZA Minutes 7/10/95 PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 10TH DAY OF JULY, 1995. ATTEST: ' I" SECRETARY Amy APPROVED: 0 AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT WORKSHOP MEETING MONDAY EVENING, JULY 10, 1995, AT 6:30 P.M. CONFERENCE ROOM, #204 307 WEST DALLAS ROAD GRAPEVINE, TEXAS 1�QI0,1ill 1_:4 Ii. CALL TO ORDER III. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO REVIEW AND DISCUSS THE RULES OF PROCEDURE RELATIVE TO CONFLICT OF INTEREST. B. BOARD OF ZONING ADJUSTMENT TO REVIEW AND DISCUSS THE RULES OF PROCEDURE RELATIVE TO VOTING AND ABSTAINING. C. BOARD OF ZONING ADJUSTMENT TO REVIEW AND DISCUSS THE PUBLIC HEARING PROCESS RELATIVE TO A VARIANCE OR SPECIAL EXCEPTION REQUEST. D. BOARD OF ZONING ADJUSTMENT TO REVIEW AND DISCUSS THE DEFINITION OF A VARIANCE AND A SPECIAL EXCEPTION. E. BOARD OF ZONING ADJUSTMENT TO REVIEW AND DISCUSS THE DEFINITION OF A HARDSHIP RELATIVE TO A VARIANCE OR SPECIAL EXCEPTION REQUEST. F. BOARD OF ZONING ADJUSTMENT TO REVIEW AND DISCUSS THE DEFINITION OF NONCONFORMING USES. G. BOARD OF ZONING ADJUSTMENT TO REVIEW AND DISCUSS PREVIOUS CASES AND THEIR IMPACT. VI. MISCELLANEOUS REPORTS AND/OR DISCUSSION V. 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 7TH DAY OF JULY, 1995 AT 5:00 P.M. I �w DEVELOPMENT SERVICES (RECTOR MEMORANDUM DEVELOPMENT SERVICES MEMO TO: BOARD OF ZONING ADJUSTMENT -•M: SCOTT WILLIAMS, BUILDING Oil PLANNERyFkl)A L SUBJECT: BOARD OF ZONING ADJUSTMENT WORKSHOP MEETING DATE: MONDAY, JULY 10, 1995 The agenda outlines the topics of discussion you have requested to review in your workshop meeting. Staff has invited the City Attorney, Mr. John Boyle to attend the meeting to help answer your questions. This workshop is a time to review your past agendas for notes you may like to discuss or clarification questions to the City Staff. If you know ahead of time any specific cases you would like to discuss, please contact us at 481-0377, so that we may review the case file prior to the meeting. You may want to bring your Zoning Ordinances. O:\BZA\JLWSMEM STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment of the City of Grapevine, Texas met in special workshop on Monday evening, July 10, 1995, in the Conference Room #204, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Chris Coy Ery Meyer Carl Hecht Jill Davis Dennis Luers Roger Modrow Chairman Secretary Member Member 1 st Alternate 2nd Alternate with member Randy Howell absent, constituting a quorum. Also present was Councilman Gill Traverse and the following City Staff: H. T. (Tommy) Hardy Marcy Ratcliff Teresa Wallace Scott Williams Kelly Doughty Stan Lowry CALL TO ORDER Dir. of Development Services Planner Planning Secretary Building Official Building Inspection Secretary City Attorney Chairman Chris Coy called the Board of Zoning Adjustment Special Workshop Meeting to order at 7:40 p.m. RULES OF PROCEDURE RELATIVE TO CONFLICT OF INTEREST First on the agenda for review and comment was the Conflict of Interest Form. Members expressed concerns about when it was necessary to declare a conflict of interest when deliberating on requests. Stan Lowry, City Attorney, explained that unless a Board Member had derived income from the entity or owned property adjacent to the subject property it was not a conflict of interest. He cautioned Board Members they should consider the applicant before declaring a conflict of interest. Sometimes an abstention affects the outcome of the vote should there would not be a quorum of members to vote on the request. 1 BZA Minutes Special Workshop 7/10/95 RULES OF PROCEDURE RELATIVE TO VOTING AND ABSTAINING Next on the agenda for the Commission to discuss and review were the rules of procedure relative to voting and abstaining. Marcy Ratcliff explained each request required four concurring votes to approve. She also explained it was very important for the alternates to attend all of the meetings. They need to be informed and ready to vote if a quorum of regular members are not present to entertain the request. Other concerns addressed were members talking to each other prior to the public hearing. Members were cautioned to be open minded about the request until all the information was presented at the public hearing. PUBLIC HEARING PROCESS RELATIVE TO A VARIANCE OR SPECIAL EXCEPTION REQUEST Marcy Ratcliff, Planner, explained that the public hearing process is to give all parties with an interest in the request an opportunity to openly discuss the merits of the request. Further, she explained that all questions should be asked in the public hearing either to the applicant or any guest speaking to the request. It is important to give all respondents an opportunity to address each question. Once the public hearing is closed there should no new information given unless the Chairman allows anyone else to speak giving fair consideration to all. She explained that after closing the public hearing, members need to be careful to ask questions only that clarify the information that has already been given. Members were cautioned that before voting to close the public hearing all questions they may have were answered. Other concerns were addressed regarding the application fees and the notification process for the request. DEFINITION OF A VARIANCE AND A SPECIAL EXCEPTION Marcy Ratcliff, Planner, explained the difference in granting a special exception or a variance request. She told the board a special exception is generally concerned with uses of property and do not involve the element of unnecessary hardship. Special exceptions are generally granted to expand an existing nonconforming use for property that was developed under the old Zoning Ordinance and no longer applies to current zoning. Variances do not concern property uses and are generally concerned with lot sizes, setback requirements or other dimensions of the property. Members expressed concerns about personal liability in granting variances or special exceptions. They were told the City furnished liability coverage for the Board. K BZA Minutes Special Workshop 7/10/95 DEFINITION OF A HARDSHIP RELATIVE TO A VARIANCE OR SPECIAL EXCEPTION REQUEST Marcy Ratcliff, Planner, explained the factors to be considered by the Board in finding special conditions to grant or deny a request. Using an outline detailing procedural elements, she explained monetary reasons cannot be considered when granting a variance or special exception. Special conditions must meet a criteria of physical constraint or limitation that would cause unnecessary hardship with the literal enforcement of the Zoning Ordinance. DEFINITION OF NONCONFORMING USES Marcy Ratcliff, Planner, discussed the definition of nonconforming uses relative to lot area, setback requirements, coverage, height, or floor area ratio that do not meet the prescribed requirements of the current Zoning Ordinance. Further, she explained nonconforming uses are uses and structures which were legally in existence at the time the current Zoning Ordinance was adopted and have since been in regular and continuous use. PREVIOUS CASES AND THEIR IMPACT Marcy Ratcliff led a discussion with Board Members relative to recent cases. Using actual examples she explained that Staff was responsible to uphold the requirements of the Zoning Ordinance. Further, she explained Staff could not always find a special condition for a request and therefore recommended denial in the memo. She explained the Board was responsible to hear the merits of each case and make a decision to grant or deny the request. Members were cautioned to be fair with the applicants. MISCELLANEOUS REPORTS AND /OR DISCUSSION Marcy Ratcliff briefly discussed cases the Board would be considering in future months. ADJOURNMENT With nothing further to discuss, Jill Davis moved to adjourn the meeting at 9:40 P.M. Dennis Luers seconded the motion which prevailed by the following vote: 3 BZA Minutes Special Workshop 7/10/95 4 Ayes: Coy, Meyer, Hecht, Davis, Luers, Modrow Nays: None Absent: Howell PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 7TH DAY OF AUGUST, 1995. ATTEST:-- APPROVED: El