HomeMy WebLinkAbout1995-11-06AGENDA
CITY OF GRAPEVINE
BOARD OF ZONING ADJUSTMENT MEETING
MONDAY EVENING, NOVEMBER 6, 1995, AT 6:00 P.M.
COURT ROOM/COUNCIL CHAMBERS, #205
307 WEST DALLAS ROAD
GRAPEVINE, TEXAS
11. OATH OF TRUTH
III. NEW BUSINESS
A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC
HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE
BZA95 -32, SUBMITTED BY WILBUR GOLTZ AND
CONSIDERATION OF SAME.
B. :••-r OF • ADJUSTMENT TO CONDUCT A PUBLIC
HEARING • BOARD OF • ADJUSTMENT
• r BY KINGSWAY HOMES • r
CONSIDERATION OF • "
C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC
HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE
to BZA95 -34, SUBMITTED BY KINGSWAY HOMES AND
CONSIDERATION OF SAME.
D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC
HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE
BZA95 -36, SUBMITTED BY J. HEWITT AND CONSIDERATION OF
SAME.
E. :•••r OF • ADJUSTMENT TO CONDUCT
HEARING O BOARD OF ZONING ADJUSTMENT
•• r BY RICHARD PEMBERTON AND
CONSIDERATION OF
IVA
m
VI.
MINUTES
BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF
THE OCTOBER 2, 1995 MEETING.
MISCELLANEOUS REPORTS AND /OR DISCUSSION
PLANNING AND ZONING
ADDRESS REQUEST FROM
RELATIVE TO POLE SIGNS
PAVING STANDARDS.
COMMISSIONER CATHY MARTIN TO
THE BOARD OF ZONING ADJUSTMENT
ALONG HIGHWAYS AND DRIVEWAY
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.
i'l TEXAS GOVERNMENT it r 00 -q
ACTS • i .. 3 TEXAS LEGISLATURE, BOARD OF ADJUSTMENT
MEETING AGENDA WAS PREPARED AND POSTED ON `t DAY OF
NOVEMBER, .. 00 P.M.
E
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE
The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday
evening, November 6, 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:
Marcy Ratcliff City Planner
Kelly Doughty Building Inspection Secretary
revillon
�•� •
Chairman Chris Coy called the meeting to order at 6:00 P.M.
NEW BUSINESS
r � i r � r� r ' r •
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The first item for the Board of Zoning Adjustment to consider was the revised plot
plan for BZA95 -37 submitted by Richard Pemberton who was requesting variances
for Lot 51, Shorecrest Acres, specifically 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.
BZA Minutes
11/06/95
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.
The Board of Zoning Adjustment approved a variance (BZA95-22) for front and rear
yard encroachments at the September 11, 1995 meeting. Mr. Richard Pemberton,
indicated at the time it was likely he would change the house design. The Board of
Zoning Adjustment requested the opportunity to review the new design. A revised
plot plan and building permit application were submitted on September 28, 1995 to
the Building Inspection Department by Mr. Pemberton. Staff informed Mr. Pemberton
that he would need to forward this revision to the Board of Zoning Adjustment for
approval.
Marcy Ratcliff, City Planner, explained Staff found a special condition for the request,
as the revised plot plan is an effort to save existing trees on the lot. This case is
similar to BZA95-21 approved at the September 11, 1995 meeting. Mr. Pemberton
revised his plot plan and brought it back before the Board as requested by the Board
of Zoning Adjustment.
Kenneth Hughes (1824 Anglers Plaza) spoke in opposition to the request. He did not
want the house to be twenty (20) feet from the front property line.
Diana Williams (1830 Silverside Drive) was present to speak for herself and also
Carleen Kracher (1804 Anglers Plaza), who was out of town, in opposition to the
request. She explain Ms. Kracher was concerned about a tree located between her
driveway and the proposed driveway.
Two letters were received, one opposing and one for approval.
With no other guests to speak, 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
Randy Howell explained to the opposing property owners the property already
received a variance to build a home with those setback requirements. The only
difference in this request is a different house plan and it located closer to south
property line. If denied, Mr. Pemberton still has a right to build a home with those
boundaries based on the September 11, 1995 Board of Zoning Adjustment meeting.
F,
BZA Minutes
11/06/95
After a brief discussion, Randy Howell moved, with a second by Carl Hecht, that a
special condition did exist for the request based on saving existing trees and a new
revised plot plan. r
Ayes: Coy, Meyer, Howell, and Hecht,
Nays: Davis
Randy Howell moved, with a second by Carl Hecht, to grant the variance to the
Grapevine Comprehensive Zoning Ordinance 82 -73, Section 15.G.1. and Section
15.G.2., "R -7.5" Single Family District Regulations for Lot 51, Shorecrest Acres,
specifically addressed as 1814 Anglers Plaza, to allow a ten (10) foot encroachment
into the required thirty (30) foot front yard setback allowing a twenty (20) foot front
yard setback for the revised plot plan; and to allow a nine (9) foot encroachment into
the required twenty five (25) rear yard setback allowing a sixteen (16) foot rear yard
setback as shown on the plot plan. The motion prevailed by the following vote:
Ayes: Coy, Meyer, Howell, and Hecht
Nays: Davis
BZA95 -32 - WILBUR GOLTZ
Next for the Board of Adjustment to consider was BZA95 -32 submitted by Mr. Goltz
who requested a variance for Lot 101, Sunshine Harbor Addition and addressed as
821 Twilight Trail. The request was to the Grapevine Comprehensive Zoning
Ordinance 82 -73, as follows:
Section 42.C.3., Supplementary District Regulations which requires a detached
accessory building be located at least ten (10) feet from any dwelling or existing
building and six (6) feet from any side or rear lot line.
The variance request is to allow an accessory building to encroach one (1) foot into
the required building separation, five (5) feet into the required side yard setback, and
five (5) feet into the required rear yard setback. If approved, it would allow a nine (9)
foot building separation, a one (1) foot side yard setback, and a one (1) foot rear yard
setback.
An application was submitted to the Department of Development Services by the
homeowner, Wilbur Goltz. There is an existing 16' X 18' accessory building in the
rear yard. The applicant wants to add an 8' X 16' accessory building at the southeast
corner of the rear yard behind the existing accessory structure.
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BZA Minutes
11/06/95
Marcy Ratcliff explained to the Board Staff finds no special condition exists for the
request. it is possible to place an accessory building on the property that complies
with the building separation and setback requirements. Additionally, Staff received
complaints that the applicant is running a business out of his home. The Code
Enforcement Officer has sent him notices. He has received a second notice.
Wilbur Goltz (821 Twilight Trail) explained he is not running a business, its only a
hobby. Mr. Goltz explained if he moves the building six (6) feet from the property line
it would block the door of the existing building, and the building is not a permanent
structure.
The following residents were present to speak in approval of the request: Robert
Horton (826 Twilight Trail), Robert Farmer (961 Easy Street), Tom McMolland (820
Twilight Trail), and Shirley Turns (965 Easy Street).
Four letters were received, one for approval and three protesting.
With no other guests to speak to the motion which prevailed by the following vote:
hearing. Ery Meyer seconded the mot
Ayes: Coy, Meyer, Howell, Hecht, and Davis
Nays: None
Marcy Ratcliff explained that Mr. Butler the Code Enforcement Officer, has received
several complaints regarding a businestsbeing M� oetz this residence. Because
complained about Mrf
these complaints, the City sent notices o
Goltz running a business from his home and brought in a copy from the Grapevine Sun
advertising motor repair. He has not received citations only letters noting him of the
violations. If he does not respond, Mr. Butler will start citing him and could possibly
go to court.
After a brief discussion, Carl Hecht moved that a special condition did not exist for
the request. Jill Davis seconded the motion which prevailed by the following vote:
Ayes: Coy, Meyer, Howell, Hecht, and Davis
Nays: None
4
BZA Minutes
11/06/95
BZA95 -33 - KINGSWAY HOMES
The next item for the Board of Zoning Adjustment to consider was BZA95 -33
submitted by Mr. Bob Agar who was requesting a variance for Lot 9, Block 1, Green
Meadows Estates, specifically addressed as 3010 Cloverdale Court. The request was
to the Grapevine Comprehensive Zoning Ordinance 82 -73, as follows:
Section 15.G.2., "R.7.5" Single Family District Regulations which requires a twenty
five (25) foot rear yard setback.
The variance request is to allow an eight (8) foot encroachment into the required
twenty five (25) foot rear yard setback as shown on the plot plan. If approved, it
would allow a seventeen (17) foot rear yard setback.
An application was submitted to the Department of Development Services by Bob
Agar representing Kingsway Homes. The applicant is proposing to build a new home
on the vacant cul -de -sac lot.
Marcy Ratcliff explained to the Board that Staff finds no special condition exists for
the request. It would be possible to place a structure on the property that complies
with the setback requirements prescribed in the zoning ordinance.
Bob Agar with Kingsway Homes was present to speak for the request. He stated that
deed restrictions in this area do not allow a garage to be placed on the front half of
the lot. Due to the irregular shaped lot, the only way an attached garage can be
placed in the rear is by encroaching eight (8) feet in the rear yard setback. He added
he was aware of this condition when the lot was purchased.
The following property owners were present to speak in opposition to the request:
Charles & Betty Hall (2635 Lone Star),
The following property owners were present to speak in favor to the request: Jim
Horn (3008 Red Bird Lane) and Billy Stevens (3000 Red Bird Lane).
Randy Howell explained to the opposing property owners that Kingsway can build a
detached garage with a breezeway within six (6) feet of the property line, which is
closer than the proposed setback. ,
One written corresponence was received in opposition for the request.
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BZA Minutes
11/06/95
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
During the Discussion, members expressed concerns of the property owners and
determined it is possible to meet the requirements of the zoning ordinance either by
changing the style of the house or having a detached garage.
Following discussion, Ery Meyer moved that no special condition exists. Jill Davis
seconded the motion which prevailed by the following vote:
Ayes: Coy, Meyer, Howell, Hecht, and Davis
Nays: None
BZA95 -34 - KINGSWAY HOMES
Next for the Board of Adjustment to consider was BZA95 -34 submitted by Bob Agar
representing Kingsway Homes who requested a variance for Lot 8, Block 1, Green
Meadows Estates, and addressed as 3014 Cloverdale Court. The request was to the
Grapevine Comprehensive Zoning Ordinance 82 -73, as follows:
Section 15.G.2., "R.7.5" Single Family District Regulations which requires a twenty
five (25) foot rear yard setback.
The variance request is to allow an eighteen (18) foot encroachment into the required
twenty five (25) foot rear yard setback as shown on the plot plan. If approved, it
would allow a seven (7) foot rear yard setback.
An application was submitted to the Department of Development Services by Bob
Agar representing Kingsway Homes. The applicant is proposing to. develop a single
family home on the vacant cul -de -sac lot.
Marcy Ratcliff explained to the Board that Staff finds no special condition exists for
the request. It would be possible to place a structure on this property that complies
with the setback requirements prescribed in the zoning ordinance.
Bob Agar, representing Kingsway Homes, requested to have BZA95 -34 tabled to the
next scheduled Board of Zoning Adjustment meeting in December.
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BZA Minutes
11/06/95
With no other guests to speak to the request, Carl Hecht moved to table the case to
the next public hearing at the applicants request. Jill Davis seconded the motion
which prevailed by the following vote:
Ayes: Coy, Meyer, Howell, Hecht, and Davis
Nays: None
BZA95 -36 - DON HEWITT
Next for the Board of Adjustment to consider was BZA95 -36 submitted by Don
Hewitt who requested a Special Exception for Lot 1, Track 3, Sunshine Harbor
Industrial Addition and addressed as 849 East Dallas Road. The request was to the
Grapevine Comprehensive Zoning Ordinance 82 -73, as follows:
Section 31, Light Industrial District Regulations to allow the redevelopment of a
nonconforming use for car sales.
The proposed special exception would allow the remaining nonconforming
development to be used for car sales as shown on the site plan.
If approved, it would allow the display of cars for sale on the existing concrete
foundation with a 6 foot wooden screening fence to the east and a gravel drive
entrance to remain until a future date and no landscaping or buffer area between the
residential and industrial zoning districts. Additionally, the proposed building will not
meet the masonry requirements.
An application was submitted to the Department of Development Services by Mr. J.
Don Hewitt. Mr. Hewitt has proposed to use his property with the remaining building
foundation left from a storm on May 7, 1995. The foundation was formerly for a
metal building used mainly as automotive repair. The metal building development prior
to May 7, 1995 was considered nonconforming. The existing Accents Interiors
build.ing was constructed in 1993 and is in conformance with the current zoning
requirements: The proposed development would be directly adjacent to an existing
°R -7.5" Single Family District with no screening other than a 6 foot wooden fence.
Prior to the storm, the walls of the metal building served as more of a screen than the
proposed fence. Staff would like to see this property redevelop, but in accordance
with the current landscaping, buffering and area regulations.
Marcy Ratcliff explained Staff does not find a special condition for this request. Staff
is of the opinion that the remaining property be redeveloped according to the current
standards.
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BZA Minutes
11/06/95
Philip Wangston, 848 Rainbow Trail, spoke on behalf of the requested special
exception. He explained the problems they have in the Sunshine Harbor Addition
currently, such as airplanes, traffic, and smells. He further added he betieves the
industrial area with the cement factory, Super Shuttle, airport, and the rail road
declines their property values. He was concerned with the City changing the zoning
in the residential area.
J. Hewitt explained having the special exception for the development will be an
improvement. A car lot will not be noisy, smelly, or have traffic. He plans to put
landscaping down and tear down the abandoned building. He understands the
existing concrete currently does not meet the district setbacks and buffer yard
regulations. The cement is not going to be removed easily. The lot was purchased
eleven (11) years ago and was not in violation of the zoning ordinance at that time.
Marcy Ratcliff explained "Ll" Light Industrial Regulations allow car sales as a permitted
use. "HC" Highway Commercial and "CC" Community Commercial Regulations allow
car sales as a conditional use. The problem is the way Mr. Hewitt is proposing to
develop the property. "LI" Light Industrial Regulations require a buffer yard against
residential areas. Buffer yards include landscaping and screening.
With no other guests to speak to the request, Carl Hecht 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 improvements are being made the Board Members would like to see conforming
developments in this area since Dallas Road has been improved.
After a brief discussion, Carl Hecht moved that a special condition did not exist for
the request. 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 October 2, 1995,
meeting.
Randy Howell moved the minutes of October 2, 1995 meeting be tabled to the next
meeting. Jill Davis seconded the motion which prevailed by the following vote:
Ayes: Coy, Meyer, Howell, Hecht, and Davis
Nays: None
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BZA Minutes
11/06/95
MISCELLANEOUS REPORTS AND /OR DISCUSSION
Cathy Martin, Planning and Zoning Commissioner, addressed the Board relative to the
requests to review Section 60, Sign Regulations for 40 foot pole signs and Section
58, Parking, Loading and Outside Storage Area Development Standards for paving
requirements for "R -20" Single Family paving requirements. Ms. Martin stated the
Planning and Zoning Commission reviewed both Sections at their October 30, 1995
Workshop. The Planning and Zoning Commission and Staff have proposed language
allowing 40 foot pole signs on properties fronting State Highway 114, State Highway
121, State Highway 360, and FM 2499 as a conditional use permit. The public
hearing for Section 60, Sign Regulations is scheduled for November 21, 1995.
Ms. Martin also stated the Planning and Zoning Commission reviewed Section 58,
Parking, Loading and Outside Storage Area Development Standards and found no
problems with the current ordinance. She said the Commission was of the opinion
that the applicant who had requested a variance to the paving standards did not really
have a hardship. The applicant chose the placement of their house at the rear of the
lot, therefore the hardship was self imposed. Ms. Martin described how the
Commission had worked long and hard to develop a land use plan for the northwest
quadrant, after its annexation, and how the Commission wants the development to
become conforming. The Commission felt if variances are needed in that area they
should remain on an individual basis and not to amend the Zoning Ordinance.
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 OF ZONING ADJUSTMENT OF THE CITY
OF GRAPEVINE, TEXAS, ON THIS THE 4TH DAY OF DECEMBER, 1995.
ATTEST:
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