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HomeMy WebLinkAbout1995-10-02AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, OCTOBER 2, 1995, AT 6°00 P.M. COURT ROOM /COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS •.: 11. OATH OF TRUTH 11L NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLI BZA95-26, SUBMITTED BY EDWARD SALAME AN CONSIDERATION OF SAME. Is B BOARD •, ZONING ADJUSTMENT TO CONDUCT • PUBLI HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CAS BZA95-27, SUBMITTED BY FIRST UNITED METHODIST CHURC ,k,ILJD CONSIDERATION OF SAME. C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLI HEARING RELATIVE i BOARD • i ADJUSTMENT HEARING BZA95-28, -SUBMITTED BY CHEVRON AND CONSIDERATION 0 SAME. I D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLI RELATIVE TO BOARD • • ADJUSTMENT PATRICIA BZA95-29, SUBMITTED BY O,:S..r:_RATIO:: +r._ E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLI HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CA BZA95-30, SUBMITTED BY FIRST NATIONAL CONSIDERATION OF SAME. IV. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE SEPTEMBER 11, 1995 MEETING. VIa 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 GOVERNMENT DE, CHAPTER 551.001 et se . ACTS OF .. iA;.i OF i ADJUSTMEN MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 29TH DAY 0 SEPTEMBER, 1995 AT 5:00 P.M. DIRECTOR Ol�' ®EVELOFJMENT SERVICES STATE OF TEXAS COUNTY OFTARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening, October 2, 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 1 st Alternate Roger Modrow 2nd Alternate constituting a quorum. Also present was Councilman Gil Traverse and the following City Staff: Scott Williams Building Official Kelly Doughty Building Inspection Secretary a pm;] Chairman Chairman Chris Coy called the meeting to order at 6:05 P.M. NEW BUSINESS BZA95 -26 - EDWARD SALAME The first item for the Board of Zoning Adjustment to consider was BZA95 -26 submitted by Edward Salame who was requesting a variance for Lot 18, Block 8, Trail Lake Addition, specifically addressed as 2800 Summit Ridge. 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 one (1) foot encroachment for the existing house into the thirty (30) foot front yard setback. If approved, it would allow a twenty nine (29) foot front yard setback as shown on the plot plan. An application was submitted by Mr. & Mrs. Salame after receiving notice from the title company that the closing survey showed a building line encroachment. The lender is requiring the encumbrance be cleared from the title as a condition of closing the loan. BZA Minutes 10/02/95 Scott Williams, Building Official, explained to the Board that Staff finds a special condition for the request because the encroachment is not the fault of the owner. The house was built prior to the front building line inspection requirement. One letter for approval was received. With no other guests to speak, 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, with a second by Ery Meyer, 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 the front building line inspection requirement. Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None Randy Howell moved, with a second by Ery Meyer, to grant the variance to the Grapevine Comprehensive Zoning Ordinance 82 -73, Section 15.G.1., "R -7.5" Single Family District Regulations for Lot 18, Block 8, Trail Lake Addition, specifically addressed as 2800 Summit Ridge, to allow a one (1) foot encroachment into the required thirty (30) foot front yard setback allowing a twenty nine (29) 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 -27 - FIRST UNITED METHODIST CHURCH Next for the Board of Adjustment to consider was BZA95 -27 submitted by Mr. Charles Fullhart who requested a variance for Lot 1, Block 1, First United Methodist Addition and addressed as 422 Church Street. The request was to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: Section 20.G.2. - "R -TH" Townhouse district regulations requires a twenty five (25) foot rear yard setback. The proposed variance would allow an encroachment of ten (10) feet into the required rear yard setback. If approved, it would allow a fifteen (15) foot rear yard setback. FA BZA Minutes 10/02/95 An application was submitted to the Department of Development Services by Mr. Charles Fullhart. A move -in building permit was approved on July 18, 1995 by City Council. The original plan was to place the modular building immediately adjacent to the frame house to the North. However, upon further investigation, the applicant determined that for optimum light, ventilation, and exiting conditions, the building separation was necessary. Mr. Williams explained to the Board that Staff finds a special condition exists in that it could be interpreted since this is not the largest building on the property, it would only have to meet the setback criteria for an accessory building, in which case it would comply. John Owens, 1118 Laguna Vista, Grapevine TX 76051 and John Perry, 2709 Indian Oak Drive, Grapevine TX 76051 were present for questions relative to the case. Two letters of approval were received. With no other guests to speak to the request, Randy Howell moved to close the public hearing. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None After a brief discussion, Jill Davis moved that a special condition did exist for the request in that it could be interpreted since this is not the largest building on the property, it would only have to meet the setback criteria for an accessory building, in which case it would comply. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None Jill Davis moved to grant the variance for Lot 1, Block 1, First United Methodist Addition, addressed as 422 Church Street, to allow an encroachment of ten (10) feet into the required twenty five (25) foot rear yard setback, allowing a fifteen (15) foot rear yard setback as shown on the site plan. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None BZA Minutes 10/02/95 BZA95-28 - CHEVRON. USA The next item for the Board of Zoning Adjustment to consider was 8ZA95-28 submitted by Mr. Tony Wagner who was requesting a variance for Lot 11,131ock 1, Chevron Addition, specifically addressed as 101 East State Highway 114. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 60.C.11., - Sign Standards which requires an overall sign height of a pole sign to be twenty (20) feet in height. The proposed variance would allow a twenty (20) foot increase in the allowed sign height. If approved, it would allow a pole sign of forty (40) feet in height as shown on the site plan. The Chevron Station currently has an existing conforming thirty (30) foot pole sign which was approved by Zone Change Request Z83-13. The applicant is requesting to raise the sign height to forty (40) feet. Under the current Zoning Ordinance today, only users in a designated planned commercial center have the ability to request a forty (40) foot pole sign as a Conditional Use Permit. A planned commercial center is defined as having one or more lots with a total site area of a minimum of five acres with a combination of permitted and conditional uses of that zoning district. City Council is the only body that can approve such requests. The Board of Zoning Adjustment does not have the ability to approve such a request, it would be considered requesting to amend the Zoning Ordinance. Mr. Williams explained to the Board that Staff finds no special condition for the request. The Zoning Ordinance allows forty (40) foot pole signs as a conditional use only in Planned Commercial Centers located adjacent to State Highway 121, State Highway 360, and Highway 114 (excluding Business 114). Although this property is located along State Highway 114 it is not part of a Planned Commercial Center. Mr. Wagner, 620 Inleside Drive, Arlington TX 76018, was present to answer questions relative to the request. Mr. Wagner expressed Chevron's desire for the request, noting that Chevron does not need to change the existing square footage of the sign, only the height of the sign: Additional height would allow customers to see the sign in enough time to exit safely from the highway. The Board discussed the appropriate procedure for the request to be approved. The request must go through the Planning and Zoning Commission for approval as a Planned Commercial Center. This particular lot can not be considered a Planned 0 BZA Minutes 10/02/95 Commercial Center because it is less than the required minimum five (5) acres. The Board did, however, recommend that the Planning and Zoning Commission investigate permitting such signage on properties along State Highway 121, 360, and 114 (excluding Business 114) even though the properties have not been granted Planned Commercial Development designation. Councilman Gil Traverse, in attendance, agreed that this issue should be forwarded to the Planning and Zoning Commission. No written corresponence was received. With no other guests to speak, 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 Following discussion, Jill Davis moved that no special condition exists, but recommended that the Planning and Zoning commission explore permitting such signage on properties along State Highway 121, 360, and 114 (excluding Business 114) even though the properties have not been granted Planned Commercial Development designation. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None Next for the Board of Adjustment to consider was BZA95 -29 submitted by Patricia Vaughan who requested a variance for Lot 1, Block A, The Oaks of Lonesome Dove, and addressed as 2321 Lonesome Dove Road. The request was to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows: Section 58.B. - Parking and Loading Area Standards requires all off street parking areas and driveways to be paved to a minimum standard equivalent to four (4) inch concrete slab with six (6) inches by ten (10) inches gauge mesh or two (2) inch hot mix asphaltic concrete over six (6) inch crushed rock base. Exceptions to these pavements must be approved by the City Engineer, and be based on equivalency. All reinforcing in concrete shall be suspended in the center of the slab. The proposed variance would allow the deletion of paving for a driveway approximately 150 feet long. If approved it would allow an existing gravel drive to serve as vehicular access from the paved portion of the driveway to Lonesome Dove Road. 0 BZA Minutes 10/02/95 A variance application was submitted to the Department of Development Services by Ms. Patricia Vaughan. The building permit for the residence was issued on December 30, 1994. Prior to this time, a plot plan showing a gravel drive had been faxed to the Building Inspection Department for preliminary review. At this time the owners, Pat Vaughan and Ken Morris, were told by telephone by the Building Official, Scott Williams, that a paved driveway was required. Shortly after these telephone conversations, Mr. Morris visited the Development Services Offices inquiring about the paving requirements. Again, the Building Official explained the Zoning Ordinance requirements to Mr. Ken Morris. When Mr. Morris and Ms. Vaughan applied for the building permit on December 21, 1994, the plot plan that was submitted still showed a gravel driveway. Tracy Gross, the Building Inspector who reviewed the plans, notified Ms. Vaughan, on December 28, 1994, that gravel driveways were not permitted. Mr. Gross told Ms. Vaughan that he would "redline" the drawings, indicating that the driveway must be paved per City of Grapevine Standards. As the house neared completion, the driveway had still not been paved. The building inspector issued a "red tag" at final inspection due to this fact. On Friday, July 14, 1995, Mr. Morris called the Building Official pleading to be allowed to move in, even though the driveway had not been paved. Mr. Morris said that moving trucks were on the way, and told Mr. Williams, "I give you my word that 1 will have the driveway poured by Monday (July 17, 1995). Mr. Williams told Mr. Morris that he would allow temporary occupancy based on his promise, and also told Mr. Morris that he would allow a temporary release of electricity. On Friday, July 21, 1995, the Building Inspector informed Mr. Williams that the driveway had still not been paved. Mr. Williams directed the inspector to place a red - tag on the project on Monday, July 24, 1995. On Tuesday, July 25, 1995, Ms. Vaughan called the Building Official asking why the property was red- tagged. Mr. Willaims explained that Mr. Morris had not honored the agreement made to pave the driveway by July 17, 1995. Ms. Vaughan requested a meeting with the Building Official's supervisor, H.T. (Tommy) Hardy. On Tuesday, August 1, 1995, Mr. Hardy and Mr. Williams met with Pat Vaughan. Ms. Vaughan indicated that she was angry that an inspector placed a red tag on the her property. She stated that she had originally planned to pave the drive, but that she was now so mad that she was "going to fight it." She further stated that her husband, Ken Morris, did not agree with her actions, and that is why he was not present at the meeting. Ms. Vaughan was told that she could apply for a variance. On September 4, 1995, Ms. Vaughan submitted a completed variance application to the Development Services Department. n BZA Minutes 10/02/95 It should be noted that the City Engineer reviewed this application and determined that flex base and /or gravel are not acceptable alternates to concrete or asphalt. Mr. Williams explained to the Board that Staff finds no special condition exists for the request. Staff allowed occupancy of the house based on verbal assurance from the owner, Mr. Ken Morris, that the paving would be installed in less than one week from the date of request for occupancy. Additionally, the permit applicant had been informed prior to submitting a building permit application that paving was required. Patricia Vaughan, 2321 Lonesome Dove, Southlake TX 76092, explained to the board that other properties in the same area have gravel drives. Board Members questioned Ms. Vaughan on the date she was informed of the ordinance regarding paved drives. She responed she was informed in December 1994 by Tracy Gross, Building Inspector, at the time of plan review. The building permit was issued on December 30, 1994 and indicated the requirement for concrete drive. Ms. Vaughan explained her permit had been held up due to the fact that whe was required to connect to an approved water supply. Scott Williams, Building Official, indicated that this was a requirement of the Public Works Department, and the Building Inspection Department received written documentation from Ms. Vaughn that she would be tying on to the Southlake water supply. The Board informed Ms. Vaughan that the issue of water supply was not related to the driveway issue. Ken Morris, 2321 Lonesome Dove, Southlake TX 76092, explained to the Board that Mr. Williams had told him, on t-he day the permit was issued, that he had the option to go before the Board of Zoning Adustment. 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 Randy Howell moved that a special condition exists for the request and that being the subject property and 90% of the surrounding properties in that area of Grapevine recently annexed into the City have existing gravel driveways; and that 90% of the lots are existing at a depth of 400 plus feet with gravel drives; and the subject ii7 BZA Minutes 10/02/95 property has 65% concrete driveway developed from the garage to the existing gravel driveway; and the existing gravel driveway also serves two other buildings; and conforms to the area. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None Randy Howell moved to grant the variance for Lot 1, Block A, The Oaks of Lonesome Dove, addressed as 2321 Lonesome Dove Road to allow the existing 150 foot gravel driveway to exist as currently developed as shown on the plot plan. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis Nays: None BZA95 -30 -FIRST NATIONAL BANK Next for the Board of Adjustment to consider was BZA95 -30 submitted by Mr. Keith Vegors who requested a Special Exception for Lot 1, Block 1, First National Bank Addition and addressed as 1400 South Main 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 replacement of a portion of the existing 228.25 square foot sign. The applicant is requesting to replace the existing twenty (20) square- foot sign on the bottom of the pole with a fifty (50) square foot sign. This will increase the total sign area to 258.25 square feet, a 30 square foot increase. If approved it would allow an expansion of thirty (30) square feet to the existing nonconforming sign for a total of 258.25 square feet as shown on the site plan. An application was submitted to the Department of Development Services by Keith Vegors. The Zoning Ordinance allows forty (40) foot pole signs as a conditional use only in planned commercial centers defined as having one or more lots with a total site area of a minimum of five acres with a combination of permitted and conditional uses of that zoning district and located adjacent to State Highway 121, State Highway 360, and Highway 114 (excluding Business 114). Although this property is located along State Highway 114 it is not part of a planned commercial center. Under the current Zoning Ordinance today, only users in a designated planned commercial center have the ability to request a forty (40) foot pole sign as a 3 BZA Minutes 10/02/95 Conditional Use Permit. City Council is the only body that can approve such requests. The Board of Zoning Adjustment does not have the ability to approve such a request, it would be considered requesting to amend the Zoning Ordinance. w Mr. Williams explained to the Board Staff finds no special condition exists for the proposed expansion to an existing nonconforming structure. Mr. Keith Vegors, 1113 Crockett Court, Southlake TX 76092, CEO of First National Bank, was present to answer questions relative to the request. Mr. Vegors expressed that the First National Bank needed additional sign height for advertisement reasons and for expansion of their convenience banking. One letter of approval was received With no other guests to speak to the request, Ery Meyer moved to close the public hearing. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None After a brief discussion, Jill Davis moved that a special condition did not exist for the request. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None Jill Davis moved to deny the special exception for Lot 1, Block 1, First National Bank Addition, addressed as 1400 South Main Street, however, Ms. Davis recommended that the Planning and Zoning Commission investigate permitting such signage on properties along State Highway 121, 360, and 114 (excluding Business 114) even though the properties have not been granted Planned Commerical Development designation. Ery Meyer 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. Randy Howell moved to approve the minutes of September 11, 1995 as amended. Ery Meyer seconded the motion which prevailed by the following vote: E BZA Minutes 10/02/95 Ayes: Coy, Meyer, Howell, Hecht, and Davis Nays: None With no further discussion, Ery Meyer 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 • ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 6TH DAY OF NOVEMBER, 1995. ATTEST: §tCRETARY APPROVED: 10