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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 • r 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. 3 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. 19 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. 2 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. 7 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 3 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: 0 ali