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HomeMy WebLinkAbout1995-09-11AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, SEPTEMBER 11, 1995, AT 6:00 P.M. COURT ROOM /COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS I. CALL TO ORDER II. OATH OF TRUTH A. :• • -r OF • NING ADJUSTMENT TO CONDUCT HEARING RELATIVE TO BOARD e • ADJUSTMENT CASE •. r BY r CONSIDERATION OF • :•• -r OF • ADJUSTMENT TO CONDUCT • PUBLI" HEARING RELATIVETO :••-r• • ADJUSTMENT CA •• • SUBMITTED BY • AND CONSIDERATION OF • C. :•• -r OF • ADJUSTMENT TO CONDUCT A PUBLIC HEAR • :••-r OF s ADJUSTMENT CASE •• r BY RICHARD PEMBERTON • r CONSIDERAtTION OF • • . BOARD OF • ADJUSTMENT • CONDUCT A PUBLIC HEARING • O BOARD OF ZONING ADJUSTMENT CASE : •• SUBMITTED BY •-r PEMBERTON AND CONSIDERATION OF • E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA95 -23, SUBMITTED BY RICHARD PEMBERTON AND CONSIDERATION OF SAME. F. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA95 -24, SUBMITTED BY CARL WIGGINS AND CONSIDERATION OF SAME. G. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA95 -25, SUBMITTED BY DELEDA ENGLEHART AND CONSIDERATION OF SAME. IV. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE AUGUST 7, 1995 MEETING. V. MISCELLANEOUS REPORTS AND /OR DISCUSSION VI. 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 8TH DAY OF SEPTEMBER, 1995 AT 5:00 P.M. DIRECTOR OF DE E OPMENT SERVICES STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening, September 11, 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 Ery Meyer Secretary Randy Howell Vice - Chairman Carl Hecht Member Jill Davis Member Dennis Luers 1st Alternate Roger Modrow 2nd Alternate constituting a quorum. Also present was Councilman Gill Traverse and the following City Staff: H. T. (Tommy) Hardy Dir. of Development Services Marcy Ratcliff Planner Kelly Doughty Building Inspection Secretary i • l 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 -19 submitted by Lawrence Pearce who was requesting a variance for Lot 31, Block 3, Western Oaks Addition, specifically addressed as 2822 Woodland Hills Drive. The request was to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: Section 15.6.1., "R -7.5" Single Family District Regulations which requires a thirty (30) foot front yard setback. The proposed variance would allow a five (5) foot encroachment into the required thirty (30) foot front yard setback. If approved, it would allow a twenty five (25) foot front yard setback as shown on the plot plan. A variance application was submitted to the Department of Development Services by Mr. Lawrence Pearce. Mr. Pearce was notified by the title company the closing 0 BZA Minutes 9/11/95 survey showed a front building line encroachment and the lender was requiring the encumbrance be cleared from the title as a condition of closing the loan. Marcy Ratcliff, Planner, explained to the Board Staff found a special condition for the request, in that the encroachment is not the fault of the owner. The house was built in 1989 prior to the requirement for setback inspections. Lawrence Pearce was present to respond to questions relative to the request. A total of four written responses were received, of which three letters were for disapproval. Staff conducted a follow-up to the responses received and concluded there was a misunderstanding. After explaining the encroachment was existing from the date of construction and the owner was not proposing any changes to the property the adjacent property owners approved the request. One response was for approval. With no other guests to speak, Carl Hecht moved to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None After a brief discussion, Randy Howell moved, with a second by Carl Hecht, that a special condition did exist for the request in that the encroachment is not the fault of the owner because the house was built prior to requirement for setback inspections. Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None Randy Howell moved, with a second by Carl Hecht, to grant the variance to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 15.6.1., "R-7.5" Single Family District Regulations for Lot 31, Block 3, Western Oaks Addition, specifically addressed as 2822 Woodland Hills Drive, to allow a five (5) foot encroachment into the required thirty (30) foot front yard setback allowing a twenty five (25) foot front yard setback for the existing house as shown on the plot plan. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None BZA95-20 - MATT SINGLETON Next for the Board of Adjustment to consider was BZA95-20 submitted by Matt Singleton who requested a variance for Lot 12, Block 4, Grapevine Lake Estates and K BZA Minutes 9/11/95 addressed as 3621 Grandview Drive. The request was to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: Section 14.G.3., "R- 12.5" Single Family District - requires a minimum side yard setback of eight (8' feet. The proposed variance would allow a new carport to replace the existing carport on the north side by encroaching the side yard setback a maximum of 3.5 feet into the required 8 foot side yard setback as shown on the plot plan. If approved it would allow a side yard setback on the north side only to be a minimum of 4.5 feet for the proposed carport replacement. A variance application was submitted to the Department of Development Services by Matt Singleton. Mr. Singleton was aware that he could not get a building permit to reconstruct a carport because of the existing encroachment. Marcy Ratcliff explained to the Board Staff finds a special condition exists because the applicant is basically replacing an existing structure. The applicant is proposing to replace the existing carport and deck with a carport only in the exact same location. The house would not have any covered parking without this variance. Also, by placing the carport in the same location, the applicant is able to preserve an existing 38 inch oak tree. Matt Singleton was present to respond to questions relative to the request. Matt Singleton gave a brief presentation to the Board on the proposed work. With no other guests to speak to the request, Randy Howell moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None After a brief discussion, Randy Howell moved that a special condition did exists for the request in that the applicant is replacing an existing structure, which will also preserve an existing 38 inch oak tree. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None 3 BZA Minutes 9/11/95 Randy Howell moved to grant the variance for Lot 12, Block 4, Grapevine Lake Estates Addition, addressed as 3621 Grandview Drive, to allow a new carport to replace the existing carport on the north side by encroaching the side yard setback a maximum of 3.5 feet into the required eight (8) foot side yard setback as shown on the plot plan, allowing a side yard setback on the north side only to be a minimum of 4.5 feet for the proposed carport replacement. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None The first, item for the Board of Zoning Adjustment to consider was BZA95 -21 submitted by Richard Pemberton who was requesting a variance for Lot 31, Shorecrest Acres, specifically addressed as 1826 Chris Craft. The request was to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: Section 15.6.1., "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 as shown on the plot plan. 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 required twenty five (25) foot rear yard setback. If approved, it would allow a sixteen (16) foot rear yard setback as shown on the plot plan. A variance application was submitted to the Department of Development Services by Richard Pemberton. Mr. Pemberton is proposing to construct a new house on the vacant lot. Shorecrest Acres subdivision was platted in 1951 with smaller lot dimensions than the current zoning ordinance requirements. Most of the homes in the subdivision are built with a twenty five (25) foot front yard setback. The special condition for the second request is the platted lot depth is too shallow to meet the current zoning ordinance requirements. 0 BZA Minutes 9/11/95 Marcy Ratcliff explained the special condition for the first request is the lot was platted in 1951 with a twenty -five (25) foot front yard setback which met the zoning ordinance requirements at the time. Marcy Ratcliff explained to the Board Mr. Pemberton had sent a withdrawal letter for BZA95 -21 due to an incorrect legal 'descriptiQn. Mr. Pemberton requested that his case be withdrawn and the application fee waived on the resubmittal. Mr. Pemberton was present to respond to questions relative to the request. After a brief discussion, Ery Meyer moved, with a second by Jill Davis, to withdraw BZA95 -21. Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None Next for the Board of Adjustment to consider was BZA95 -22 submitted by Richard Pemberton who requested a variance for Lot 51, Shorecrest Acres and addressed as 1814 Anglers Plaza. The request was to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: 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 as shown on the plot plan. 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 required twenty five (25) foot rear yard setback. If approved, it would allow a sixteen (16) foot rear yard setback as shown on the plot plan. A variance application was submitted to the Department, of Development Services by Richard Pemberton. Mr. Pemberton is proposing to construct a new house on the vacant lot. Shorecrest Acres subdivision was platted in 1951 with smaller lot dimensions than the current zoning ordinance requirements. Most of the homes in the subdivision are built with a twenty -five (25) foot front yard setback. Marcy Ratcliff explained Staff found a special condition for the first request is the lot was platted in 1951 with a twenty -five (25) foot front yard setback which met the 0 BZA Minutes 9/11/95 zoning ordinance requirements at the time. The special condition for the second request is the platted lot depth is too shallow to meet the current zoning ordinance requirements. Marcy Ratcliff explained Richard Pemberton was present to respond to questions relative to the request. Richard Pemberton explained his concern to save the 40 foot tree in the center of the back yard of this property. There have been numerous variances for tree preservation in this area. With no other guests to speak to the request, Randy Howell moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None After a brief discussion, Ery Meyer moved that a special condition did exists for the request in that the lot was platted in 1951 with twenty-five (25) foot front yard setback which met the zoning ordinance requirements at the time. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, and Hecht Nays: Davis Ery Meyer moved to grant the variance for Lot 51, Shorecrest Acres, addressed as 1814 Anglers Plaza, to allow a ten (10) foot encroachment into the required thirty (30) foot front yard setback and a nine (9) foot encroachment into the required twenty five (25) foot rear yard setback allowing a twenty (20) foot front yard setback and a sixteen (16) foot rear yard setback as shown on . the plot plan. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None I 61PAUMLOI am M ii PA a ROOM Next for the Board of Adjustment to consider was BZA95-23 submitted by Richard Pemberton who requested a variance for Lot 62, Shorecrest Acres and addressed as 1815 Silverside Drive. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 15.G.1., "R-7.5" Single Family District Regulations which requires a thirty (30) foot front yard setback. Co BZA Minutes 9/11/95 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 as shown on the plot plan. Section 15.0.2., "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 required twenty five (25) foot rear yard setback. If approved, it would allow a sixteen (16) foot rear yard setback as shown on the plot plan. A variance application was submitted to the Department of Development Services by Richard Pemberton. Mr. Pemberton is proposing to construct a new house on the vacant lot. Shorecrest Acres subdivision was platted in 1951 with smaller lot dimensions than the current zoning ordinance requirements. Most of the homes in the subdivision are built with a twenty five (25) foot front yard setback. Marcy Ratcliff explained the special condition for the first request is the lot was platted in 1951 with a twenty -five (25) foot front yard setback which met the zoning ordinance requirements at the time. The special condition for the second request is the platted lot depth is too shallow to meet the current zoning ordinance requirements. Marcy Ratcliff explained Richard Pemberton was present to respond to questions relative to the request. One letter for approval was received. Richard Pemberton explained to the Board that most of the home buyers in this area are young couples with young children. They are looking for more area for the children to play. The square footage of this house is 2,400 square feet. Most of the footage would be porch area. With no other guests to speak to the request, Randy Howell moved to close the public hearing. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None After a brief discussion, Carl Hecht moved that a special condition did exists for the request in that the lot was platted in 1951 with a twenty five (25) foot front yard setback which met the zoning ordinance requirements at the time. Randy Howell seconded the motion which prevailed by the following vote: 7 BZA Minutes 9111195 Ayes: Coy, Meyer, Howell, and Hecht Nays: Davis Carl Hecht moved to grant the variance for Lot 62, Shorecrest Acres, addressed as 1815 Silverside Drive, to allow a ten (10) foot encroachment into the required thirty (30) foot front yard setback and a nine (9) foot encroachment into the required twenty five (25) foot rear yard setback allowing a twenty (20) foot front yard setback and a sixteen (16) foot rear yard setback as shown on the plot plan. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, and Hecht Nays: Davis BZA95 -24 - CARL WIGGINS Next for the Board of Adjustment to consider was BZA95 -24 submitted by Carl Wiggins who requested a special exception for Lot 1, Block 1, Metro Machine Shop Addition and addressed as 706 East Northwest Highway. The request was to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: Section 43.E.3., Nonconforming Uses and Structures Regulations provides the Board of Zoning Adjustment the authority to allow the expansion of a nonconforming structure. The special exception request is to allow the expansion of the existing nonconforming structure as shown on the plot plan. If approved, it would allow an expansion similar to the existing building which would not tend to prolong the life of the existing nonconforming use. Marcy Ratcliff explained Mr. Carl Wiggins is purchasing this property to move his long standing business from Main Street to East Northwest Highway. The City is purchasing his property on Main Street to construct the new City Hall. The property Mr. Wiggins is purchasing is an existing nonconforming building. The property does not conform to the landscaping or masonry requirements. The expansion proposed will meet the off - street parking requirements. Marcy Ratcliff added the development is planned to occur in two phases. Carl Wiggins was present to respond to questions relative to the request. Staff finds a special condition exists for the existing structure which was in compliance when the original structure was built. The addition is proposed to match the existing building. Additionally, the expansion will be mostly behind the existing building. No written correspondence was received. '3 BZA Minutes 9/11/95 Glenda Fisher, P.O. Box 1171, Grapevine TX 76099, was present to speak on behalf of the request. She questioned how close the building will be located to the fence line. Ms. Fisher is the owner of the residential property directly behind the Wiggins property. Mr. Wiggins responded that the building should be fifteen (15) feet from the fence. With no other guests to speak to the request, Randy Howell moved to close the public hearing. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None After a brief discussion, Carl Hecht moved that a special condition did exists for the existing structure which was in compliance when the original structure was built, and the addition is proposed to match the existing building. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, and Hecht Nays: Davis Carl Hecht moved to grant the special exception for Lot 1, Block 1, Metro Machine Shop Addition, addressed as 706 East Northwest Highway, to allow the expansion of the existing nonconforming structure and allow the expansion similar to the existing building which would not tend to prolong the life of the existing nonconforming use as shown on the plot plan. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, and Hecht Nays: Davis BZA95 -25 - DELEDA ENGLEHART Next for the Board of Adjustment to consider was BZA95 -25 submitted by Deleda Englehart who requested a special exception for Lot 3, Block 1, M.L. Hurst Addition and addressed as 900 West Wall Street. The request was to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: Section 43.E.3.,- Nonconforming Uses and Structures, allows the Board of Zoning Adjustment to approve the remodeling or enlargement of a nonconforming use. The proposed special exception would allow the existing development to remain as currently developed and permission to expand the existing nonconforming development in a similar manner. if approved, it would allow an expansion of 1,980 E BZA Minutes 9/11/95 square feet to the existing structure as shown on the site plan. The applicant has proposed to include a four (4) foot brick ledge along the front only on the proposed and the existing structure. Marcy Ratcliff explained the application was submitted to the Department of Development Services by Ms. Deleda Englehart. The proposed expansion and the existing building will contain 4,380 square feet of office /business service uses. The total development will cover 30% of the lot containing 14,739.25 square feet. Also, the development as proposed does not meet the 25 foot driving lane requirement in the front and the rear. Ms. Englehart is only proposing to provide 11 % masonry coverage, the ordinance requires 70% masonry coverage. Staff finds no special condition exists for the proposed expansion to an existing nonconforming structure. Marcy Ratcliff added that Ms. Englehart has worked hard for her case and turned in a good application. Deleda Englehart was present to respond to questions relative to the request. Ms. Englehart explained to the Board that she is trying to comply with the masonry requirements on the new and existing building as well as landscaping requirements. No written response was received. With no other guests to speak to the request, Randy Howell moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None After a brief discussion, Carl Hecht moved that a special condition did exists for the existing structure being due to the fact it was built prior to current zoning requirements and the property will conform with existing properties in the area. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None Carl Hecht moved to grant the special exception for Lot 3, Block 1, M.I. Hurst Addition, addressed as 900 West Wall Street, to allow the expansion of 1,980 square feet to the existing structure as shown on the site plan, including a four (4) foot brick ledge along the front of the proposed and existing structure and a solid brick wall along the proposed west side of the building. Ten (10) shrubs of five gallon container 10 BZA Minutes 9/11/95 size must be planted on the eastern wall of the structure. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None MINUTES Next the Board of Zoning Adjustment considered the minutes of the September, 11, 1995, meeting. Ery Meyer moved to approve the minutes of September 11, 1995 as amended. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None ADJOURNMENT With no further discussion, Randy Howell made a motion to adjourn. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None The meeting was adjourned at 8:05 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 2ND DAY OF OCTOBER, 1995. ATTEST: -C h E T kh Y F-11 11