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
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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
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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
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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.
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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
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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.
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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:
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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.
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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
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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
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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
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