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HomeMy WebLinkAbout1985-09-05AGENDA CITY OF GRAPEVINE, TEXAS REGULAR BOARD OF ZONING ADJUSTMENTS MEETING THURSDAY, SEPTEMBER 5, 1985 AT 6:00 P.M. CITY COUNCIL CHAMBERS 413 MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER II. OATH OF TRUTH III. ELECTION OF OFFICERS Board of Zoning Adjustment to Elect a Vice Chairman and Secretary IV. OLD BUSINESS A. Board of Zoning Adjustment to consider BZA85-15 Submitted by Crow Development. B. Board of Zoning Adjustment to consider BZA85-38 submitted by Mr. Terry Williams. V. NEW BUSINESS A. Board of Zoning Adjustment to conduct a public hearing to BZA85-50 Submitted by Mr. relative to BZA85-41 Submitted by Mr. Thomas A. Denz and K. Board of Ms. Sherie Lang and consideration of same. conduct B. Board of Zoning Adjustment to conduct a public hearing consideration of same. relative to BZA85-42 Submitted by Ms. Kathie Livengood and consideration of same. C. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-43 Submitted by Mr. Tim Lancaster of Dellwood Development and consideration of same. D. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-44 Submitted by Mr. Greg Steers of Fox and Jacobs, Inc. and consideration of same. E. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-45 Submitted by Evans Birmingham Williamson and consideration of same. F. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-46 Submitted by Mr. Darrell Griffin and consideration of same. G. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-47 Submitted by Bedford Blue Haven Pools and consideration of same. H. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-48 Submitted by Mr. Bob Shelton of Expressway Investments and consideration of same. I. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-49 Submitted by Orion Joint Venture and consideration of same. J. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-50 Submitted by Mr. Ken Taylor for Banyon and Westwood Properties and consideration of same. K. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-51 Submitted by Kaker & Ware, Inc. and consideration of same. L. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-52 Submitted by Mr. Gil Traverse and consideration of same. M. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-53 Submitted by Weekly Homes, Inc. and consideration of same. VI. Board of Zoning Adjustment to consider an amendment to By-Laws relative to limiting number of cases for monthly public hearing. VII. Miscellaneous Reports and/or Discussion. v 07 Director of Contl�oity Development 4 1 NO .. M-2 The Board of Zoning Adjustment of the City of Grapevine, Texas met in regular session at 413 Main Street in City Council Chambers September 5, 1985 at 6:00 P.M., with the following persons present to wit: Doug Lamb Chairman Bill Waldrip Member Ron Troy Member Garry Tischler Member Gerald Thompson Member constituting a quorum, with Kay Gilliam, First Alternate, absent and John Ferguson, Second Alternate, absent; and the following City Staff present: H. T. (Toamy) Hardy Director of Community Development Joy Carroll Administrative Aide Adrienne Leonard Attorney, City Attorney's Office Jim Van Treese Assistant Building Official Mary Peddycoart Secretary Also present were Ted Ware, City Council representative for the Board of Zoning Adjustment and Richard Atkins, Planning and Zoning representative for the Board of Zoning Adjustment. 1 10AM Chairman Lamb called this regular session of the Board of Zoning Adjustment to order at approximately 6:00 P.M., and announced that the Oath of Truth would be issued to the individuals present and wishing to speak as their prospective cases cam before the board. The Oath will be issued to these individuals one at a time. The first order of business for the Board of Zoning Adjustment was the election of Officers for that Board. At this time, Chairman Lamb made a motion to nominate Bill Waldrip as Vice-Chairman of the Board of Zoning Adjustment. This motion was seconded by Ron Troy and prevailed by the following vote: Ayes: Lamb, Troy, Tischler, Waldrip and Thompson Nays: None Chairman Lamb then called for a motion to nominate a Secretary for the Board of Zoning Adjustment. A motion was made by Gerald Thompson to nominate Ron Troy as Secretary of the Board of Zoning Adjustment. This motion was seconded by Bill Waldrip and prevailed by the following vote: Ayes: Thompson, Waldrip, Lamb, Tischler and Troy Nays: None At this point, Chairman Laub explained the procedures of the meetings, and advised that after next month the City Staff will give their recommendations on each case considered by the Board of Zoning Adjustment. 1,191-dumm The next order of business was for the Board of Zoning Adjustment to conduct a public hearing relative to BZA85-15 request for off-premise signs submitted by Crow Development. Chairman Lamb declared the public hearing open. Board of Zoning Adjustment September 5, 1985 Page 2. As there was no one present to speak on behalf of Crow Development, and no other parties indicated an interest in speaking, either for or against, Chairman Izidb asked for a motion to close the public hearing portion of this case. A motion was made by Ron Troy to close the public hearing. The motion was seconded by Gerald Thompson, and prevailed by the following vote: Ayes: Troy, Thompson, Lamb, Waldrip and Tischler Nays: None There followed a brief discussion between the members of the Board, at which time a motion was made by Garry Tischler to deny this requested variance, which was seconded by Bill Waldrip. The motion prevailed by the following vote: Ayes: Tischler, Waldrip, Lamb, Thompson and Troy Nays: None The next case for public hearing was BZA85-43 - Mr. Terry Williams. Mr. Williams is asking for a variance to the "R-20" requirements in order to develop three lots at 17,800± square feet rather than the required 20,000 square feet. The property is located at 3217 Pool Road and is adjacent to Wind Mill Estates. At this time, Chairman Lanb opened the public hearing on this case. Mr. Tom-ay Hardy spoke reiterating the purpose of this variance request, and further mentioning that this case had been tabled from the August 1, 1985 regular session of the and of Zoning Adjustment in order to give the applicant and the developers of Wind Mill Estates ample time to reach an agreement with regard to deed restrictions. Mr. David Spalding, one of the developers of Windmill Estates was issued the Oath • Truth • Chairman Lamb, and spoke to advise that he and had been in contact with Mr. Williams, but as both had been extremely busy, the question of deed restrictions had not been completely resolved. Mr. Spalding then requested that this case be tabled again. Chairman Lmb then asked Mr. Spalding if he thought thirty (30) more days would be enough for them to reach an agreement. To this, Mr. Spalding answered, to yes As there was no one else expressing a wish to speak, and no correspondence had been received by the City Staf f since this case was tabled, Chairman Lamb asked for a motion to close the public hearin#, portion of this case. A motion was made by Gerald Thoupson to close the public hearing. This motion was seconded by Ron Troy, and prevailed by the following vote: Ayes: Thompson, Troy, Lamb, Tischler and Waldrip Nays: None Board of Zoning Adjustment September 5, 1985 Page 3. After a brief period of discussion among the board members, a motion to table this case until the October 3, 1985 regular session was made by Gerald Thompson. This motion was seconded by Ron Troy and prevailed by the following vote: Ayes: Thompson, Troy, Lamb, Waldrip and Tischler Nays: None Wi i TIMQMINJIM The next order of business for the Board of Zoning Adjustment was to conduct a public hearing on BZA85-41- Dentz/Ixang. Mr. Tommy Hardy spoke and outlined the reason for this request for variance for an exception to sideyard setback requirements. The house in question is located at 2831 Creekwood Court and has been there for approximately five (5) years. This house is 2.4 feet into the required sideyard, and this encroachment was discovered at the time a recent survey was done. As there was no one present representing this case, and no one indicating a desire to speak, Chairman Lamb asked for a motion to close the public hearing portion of this case. A motion was made by Garry Tischler to close the public hearing, which was seconded by Gerald Thompson. The motion prevailed by the following vote: Ayes: Tischler, Thompson, Lamb, Troy and Waldrip Nays: None There then followed a brief discussion by the Board with regard to this variance request, at which time, a motion was made by Ron Troy to grant this variance as requested. This motion was seconded by Bill Waldrip, and prevailed by the following vote: Ayes: Troy, Waldrip, Lamb, Thompson and Tischler Nays: None Rf '-* Chairman Lamb declared the public hearing portion of this case open, at which time, Mr. Tommy Hardy outlined for all present the purpose for this request for variance to the front setback at 1320 Cable Creek or Lot 3, Block 1 of Cable Creek Estates. At this time, Chairman Lamb issued the oath of Truth to Kathee Livengood, who was representing this case. She stated that this request for variance was initiated at the request of the mortgage company because this dwelling is approximately three (3) feet into the front setback. Mr. Hardy further stated that a member of the City Staff was present at the time stakes were set, and also believed them to be right at the time. Chairman Lamb then asked if anyone else wished to speak. As there was no one else present wishing to speak with regard to this request, Chairman Lamb asked for a motion to close the public hearing on this case. A motion was made by Bill Waldrip to close the public hearing. The motion was seconded by Ron Troy and prevailed by the following vote: Ayes: Waldrip, Troy, Lamb, Tischler and Thompson Nays: None A period of discussion by the board members followed, and at that time a Board of Zoning Adjustment September 5, 1985 Page 4. motion was made by Ron Troy to grant this variance as requested. This motion was seconded by Garry Tischler and prevailed by the followint vote: Ayes: Troy, Tischler, Lamb, Waldrip and Thompson Nays: None �—' i I • The purpose of this public hearing is to consider variances to Grapevine Zoning Ordinance 82-73, Sect. 17.D.5 (prohibiting alleys to encroach into the required 25 foot rear yard) and Sect. 17.G.1 (30 foot front setbacks). Mr. Tommy Hardy spoke and noted that this plat had been approved one (1) year ago as Ridgecrest Addition, Block 5. At this point in the public hearing, Mr. Tim Lancaster, 1025 Oak Hurst, Grapevine, Texas and representing Dellwood Developers was issued the Oath of Truth by Chairman Lamb. Mr. Lancaster explained that the new ordinance would make it impossible to build on these lots, using his deed restrictions, as the buildable area would be greatly reduced. There was discussion between Mr. Lancaster and the members of the Board • Zoning Adjustment regarding the exact variances requested as well as the number of lots already sold. Mr. Hardy noted that lots 8,9,10,17,18 and 19 are zoned for 3 and 4 unit apartments. At the end of this discussion it was noted at Mr. John LeDene of Gladcorp, Corporation wished to address the Board. Chairman Larrb issued the Oath of Truth to Mr. LeDene who then spoke in favor of this addition. As there appeared to be no one else wishing to speak either for or against this variance request, Chairman Larrb called for a motion to close the public hearing on this case. A motion was made by Garry Tischler to close the public hearing portion of BZA85-43. This motion was seconded by Gerald Thompson and prevailed by the following vote: Ayes: Tischler, Thompson, Lamb, Waldrip and Troy Nays: None The meting was then turned over to the Board of Zoning Adjustment for further discussion. After a brief period of discussion, Bill Waldrip stated that as he sees it this is a case of being caught between changes, and that he could see evidence of hardship. A motion was then made by Bill Waldrip to grant these variances as requested, with a second to that motion from Ron Troy. The motion prevailed by the following vote: Ayes: Waldrip, Troy, Lamb, Thompson and Tischler Nays: None k IMMICUMIM - -- W- MIN The next case for public hearing was BZA85-44, presented by Fox and Jacobs who are requesting a temporary variance for Lot 2, Block 5 of the Town Park Addition in order to use this lot as a temporary storage yard for their building supplies. At this time, Mr. Mike Sloan, representing Fox and Jacobs was issued the Oath of Truth by Chairman Lamb. Mr. Sloan explained that this particular lot is adjacent to their construction trailer. As Fox and Jacobs are both developers and the only builders in this subdivision, they are requesting this storage compound in order to stock pile their materials. This lot is on Heritage Drive, which is a in thoroughfare through this subdivision. Mr. Sloan further explained that this would be a temporary area used only until all homes are completed. At this point in the public hearing, Richard Atkins, Chairman • the Planning and Zoning Commission asked Mr. Sloan why that particular lot (on Board of Zoning Adjustment September 5, 1985 Page 5. Heritage) was chosen, and why chain link fence. Mr. Sloan again advised that this lot was chosen as it is adjacent to their construction trailer. He will agree to put up a screening fence on the Heritage side of this lot, but did request that a gate for deliveries be installed. Mr. Sloan was asked what the alternatives would be to this fenced yard. Mr. Sloan advised that without this storage area, the building materials would have to be stored on each lot. They are planning on building 144 homes in this subdivision, 6 to 8 at a time. They feel that having that much building material out, there would be a problem with thefts. There was further discussion regarding the screening fence on Heritage, and it is the consensus of the board that there be no access on Heritage. As there were no other persons present wishing to speak either for or against this case, Chairman Lamb called for a motion to close the public hearing portion of this case. A motion was then made by Gerald Thompson, and seconded by Bill Waldrip to close the public hearing. The motion prevailed by the following vote: Ayes: Thompson, Waldrip, Lamb, Troy and Tischler Nays: None Chairman Lamb declared the public hearing closed, and there followed a short period of discussion among the members of the Board of Zoning Adjustment. The members were in agreement that they would have no problem with this fenced storage yard, as long as the access was only on the Willowood side and that the Heritage side was completely screened. They further mentioned that this would apply only to subdivisions where the developer was also the only builder. There followed more discussion regarding regulation of time limit for this fenced storage yard. All are in agreement that this storage area would be completely removed when 95 percent of houses have been started. Mr. Sloan was in agreement with this. As there was nothing further to discuss, Chairman Lamb asked for a motion regarding this variance. A motion was made by Garry Tischler to grant this variance with the following exceptions: that the fenced compound be 50' X 701, chain link fence, except on the Heritage side where they would install a solid wood fence. This fencing would only have gates on the Willowood side, and further, that this compound would be removed when 950 of the homes were started. This motion was seconded by Gerald Thompson and prevailed by the following vote: Ayes: Tischler, Thompson, Lamb and Troy Nays: Waldrip The next case for public hearing before the Board of Zoning Adjustment is BZA85-45 - Evans/Birmingham/Williamson. Mr. Tommy Hardy spoke and advised that the purpose of this variance request was for exceptions to landscaping requirements, accessory to principal use requirements and parking requirements. This case was heard by the Board at the July 11, 1985 regular meting and the original requests for landscaping and parking were denied, primarily due to the large difference in the amount of required parking and the number or parking spaces as presented by the applicant. At the time this request was denied, the applicants were invited to rework their site plan with the City Staff, and to then come back in. Chairman Laub declared the public hearing open and asked if anyone wished to speak with regard to this variance request. Mr. John Evans and Mr. Allen Birmingham were at this time issued the Oath of Truth by Chairman Lamb. Mr. Evans spoke first advising that they had located a lot for additional parking on Barton Street (behind the subject Board of Zoning Adjustment September 5, 1985 Page 6. property) . This lot would raise the number of parking spaces to 46 spaces in all. Chairman Lamb asked Mir. Evans why they still do not have an adequate amount of parking spaces. Mr. Evans answered that they were unable to locate any more land for additional parking. He further advised that the contract on the lot on Barton Street is subject to their obtaining a variance. Chairman Lamb asked if anyone else present wished to speak either for or against this variance request. At this time, Mr. Richard Atkins, Chairman of the Planning and Zoning Commission spoke and advised that he was against this request for variances as, in his opinion, these variances are being requested due to financial /economic hardship. Also expressing a wish to speak were Julie Fisher and John Mayfield. Both were issued the Oath of Truth by Chairman Lamb. John Mayfield, a resident and businessman in Grapevine spoke in favor of more business in the community, and added a statement relative to the importance of parking to a restaurant. Mr. Mayfield then asked the applicants how the customers would get from the Barton Street parking lot to the restaurant located at Main Street and Northwest Highway. He reinforced his statement regarding parking by reminding all present that there are many customers who arrive alone, or in other words a one (1) man vehicle. These automobiles can really add to a parking problem. Mr. Evans again spoke and reinterated that his group was trying to build something in order to incorporate the existing stone gas station which has been at the corner in question for years. Would like to have a structure that would more or less be a gateway to the downtown area. Their original plan was for a fast food restaurant or perhaps a gas station. At this time, Chairman Lamb issued the Oath of Truth to the architect for the applicants, Mr. Thompson Shutz. Mr. Shutz addressed the questions regarding landscaping, stating that they had 10 percent • more landscaping. He also briefly mentioned creating a walkway between businesses with access from the parking lot on Barton Street. There followed another short period of discussion. At this time, a Mr. Walt Buster was issued the Oath of Truth and spoke briefly regarding the parking situation at this site. Chairman Lamb then aske!. if there was anyone else present wishing to speak. As there appeared to be no one else wishing to speak, Chairman Lamb asked for a motion to close the public hearing portion of this case. A motion was made by Gerald Thompson to close the public hearing, to which a second was made by Ron Troy. The motion prevailed by the following vote: Ayes: Thompson, Troy, Lamb, Waldrip and Tischler Nays: None Chairman Lamb declared the public hearing on BZA85-45 closed, and opened the discussion to the board. After much discussion between the members and the applicants relative to the number of required parking spaces, Mr. Evans advised the board that there was no way that they could acquire additional parking spaces. He also added that with reducing the seating in the restaurant (they would like to keep 75 seats) thereby reducing the number of parking spaces necessary - they would still be eleven (11) spaces short. Mr. Evans then asked the board if they would .be willing to proceed this way to avoid another hearing. There followed still more discussion between the members. At this point in the proceedings, Chairman Lamb asked for a motion. Bill Waldrip made a motion to deny the variances as requested. This motion was seconded by Garry Tischler, and prevailed by the following vote: Ayes: Waldrip, Tischler, Lamb, Thompson and Troy Nays: None Board of Zoning Adjustment September 5, 1985 Page 7. The Board of Zoning Adjustment was next to hold a public hearing for the purpose of considering a variance to Section 15,6.1. and Section 15,G.2. of the Grapevine Zoning Ordinance, with regard to front and rear setback requirements. Mr. Hardy spoke to all present and advised that the subject property is lot 42 in the Shore Crest Acres subdivision. At this time, Chairman Lamb opened the public hearing and asked if anyone present wished to speak either for or against this request for a variance. Mr. Darrell Griffin, owner and applicant, expressed a desire to speak. Chairman Lamb issued the Oath of Truth to Mr. Griffin, and Mr. Griffin stated that the current ordinance for front and rear setbacks could not be utilized as his lot depth was inadequate. He further stated that his home would line up with the front setbacks of the two existing homes on either side of his lot. These other hams were build prior to the new ordinance. The front setback would be 251 as in the case of the other homes. The rear yard would be 20' with a portion of the home extending into the rear yard causing a portion of the rear setback to be only 101. Mr. Griffin is requesting for these variances in order to build this home, which will be his residence. Attached hereto, please find a letter from Mr. Griffin, a plot plan and four statements signed by Mr. Griffin's neighbors indicating that they have no objections to his building his hare in this manner. These aforementioned documents were received by the Staff after the agenda packets had been assembled and mailed. They will became a part of these minutes and will be referred to as "Exhibit A". As there appeared to be no one else wishing to speak, Chairman Lamb asked for a motion to close the public hearing. A motion to close the public hearing was made by Garry Tischler, and seconded by Ron Troy. This motion prevailed by the following vote: Ayes: Tischler, Troy, Lamb, Thompson and Waldrip Nays: None The public hearing was declared closed. At this point there was a short period of discussion between the members of the Board of Zoning Adjustment; after which a motion was made by Bill Waldrip to grant this variance as requested. The motion was seconded by Garry Tischler and prevailed by the following vote: Ayes: Waldrip, Tischler, Lamb, Troy and Thompson Nays: None galk 210) vong to) M - Y.'XTJ ago The item for public hearing was BZA85-47, Bedford Blue Haven Pools. Mr. Hardy spoke and advised that this existing pool located at 1805 Dunn, or lot 2 block 2, built by this company is encroaching one (1' ) foot into the rear utility easement. Mr. Hardy further stated that the City Engineering Department has no problem with this encroachment into the easement. Chairman Lamb issued the Oath of Truth to Will Dysen and Micky King, representing Bedford Blue Haven Pools. These representatives stated that the pool was already in the ground, and they noted that it would be an extreme hardship to have to relocate this pool. They further stated that all utilities to this property are in the front, and that the easement in question has no utilities at this time. Chairman Lamb asked if anyone else present wished to speak either for or against this request. As there was no one wishing to speak, Chairman Laub called for a motion to close the public hearing portion of this case. Gerald Thompson made a motion to close the public hearing, which was seconded Board of Zoning Adjustment September 5, 1985 Page 8. by Garry Tischler; and prevailed by the following vote: Ayes: Thoupson, Tischler, Lamb, Troy and Waldrip Nays: None INSIMOM, - - 901219PEON The next case for public hearing before the Board of Zoning Adjustment was for a variance • use a residence at 1500 Laguna Vista Way, Lot 12, Block 8 or, the Dove Crossing subdivision for a model home and sales office. It was brought to the Board's attention, by Tonny Hardy, that this case had been heard • July 11, 1985; and the case was dismissed for lackof prosecution. At this time, Mr. Bob Shelton was issued the Oath of Truth by Chairman LaiTb. There followed a long period of discussion between the applicant, staff, board menbers and the representative from the City Attorney's Office with regard to rules of the Board • Zoning Adjustment for reinstatement. At this point in the meeting Chairman Lamb issued the Oath of Truth to Ted Ware who questioned Mr. Shelton and the Board relative to reinstatement. Tomy Hardy pointed out that this is not a request for reinstatement, but rather a newly filed case for variance. He further stated that under Section 68J, that if the board determines that this case can be heard, then the case may be heard. After more discussion, it was decided that the original decision of the Board of Zoning Adjustment on July 11, 1985 stands, and that the applicant may come in before the board prior to a years tine if another piece of property in the subject subdivision is altered or changed and ccmes before the Board of Zoning Adjustment. If this does not occur, then the one (1) year limit stands. Relative to this night's meting, Chairman Lamb stated that this case cannot be heard and requested that the applicant's $100.00 fee be refunded. This public hearing is for an application submitted by Orion Joint Venture for Orion Place located on Dooley Street, and currently zoned R-NT-2. Tommy Hardy introduced thIs application and stated that the final plat was approved prior to the new zoning amendments, however, the site plan has never been approved. At this time Chairman Lamb declared the public hearing open and issued the Oath of Truth to Mr. John Powell representing this case. Mr. Powell briefly explained the reasons for this request for variance. At this point the Oath of Truth was administered to Mr. Bill Lindsay, who spoke with regard to this request for variance. As there was no one else present expressing a wish to speak, Chairman Laub asked for a motion to close the public hearing portion • this case. Gerald Thompson made a motion, which was seconded by Ron Troy to close the public hearing. This prevailed by the following vote: Ayes: Thompson, Troy, Lamb, Waldrip and Tischler Nays: None The meeting was then turned over to the board for further discussion. As there was much confusion at this point over what the applicant was actually asking for in this request for variance, it was suggested at this point • Tommy Hardy, that perhaps this case be tabled for further study. A motion was made by Gerald Thompson to table this case until the next meeting. This motion was seconded by Garry Tischler, and prevailed by the following vote: Ayes: Thompson, Tischler, Lamb, Troy and Waldrip Nays: None Board of Zoning Adjustment September 5, 1985 Page 9. W-A 010,07,1 IN 11 12 a -5 a 0 Tommy Hardy introduced the next case for public hearing, Mr. Ken Taylor's request for variance to Ordinance 82-73 for Westwood and Banyan subdivisions. Mr. Hardy pointed out that these two subdivision plats had been approved prior to the new zoning amendments. The requested variances are for buffer area, landscape and open space requirements. There has not been a site plan approved for either of these subdivisions, and the applicant is in the process of replating. Ernest Lee, Partner in Westwood Development Company was sworn in by Chairman Lamb and while speaking indicated that the replatting was due to the fact that the City was requesting an additional 10 feet of right-of-way on Hood Lane. Tommy Hardy again spoke and advised that the reason for the replat was not for an additional 10 feet of right-of-way, but to correct mistakes in the legal description of the plats. Chairman Lamb asked if anyone else present wished to speak, and at this time, swore in Marion Yeagel of Grapevine, who spoke against the variance requests. Mr. Ken Taylor was then sworn in, and spoke briefly in favor of the request. Also sworn in was Dan Jones a member of the Oak Grove Homeowners Association, who read a letter from that association opposing this request for variance. That letter is attached and is referred to as "Exhibit B". Mr. Powell spoke to all regarding the hardship which would result if the variances were denied. Richard Atkins then spoke briefly and indicated his feelings that since there is so much confusion with regard to why the replat, he would recommend tabling for further study. Julie Fisher, previously sworn in, spoke against the granting of this variance. At this point Chairman Lamb asked is anyone else wished to speak either for or against this variance request. As no one else indicated a desire to speak, Chairman Lamb asked for a motion to close the public hearing portion of this case. A motion was made by Bill Waldrip to close the public hearing, which was seconded by Ron Troy and which prevailed by the following vote: Ayes: Waldrip, Troy, Lamb, Thompson and Tischler Nays: None The case was then discussed by the members of the Board of Zoning Adjustment. After much discussion, Bill Waldrip recommended that the variance be denied. With further discussion, a motion was made by Garry Tischler to table this request for variance until the October 3, 1985 meeting. This motion was seconded by Gerald Thompson, and prevailed by the following vote: Ayes: Tischler, Thompson, Lamb and Troy Nays: Waldrip c RM 114 The next case for public hearing before the Board of Zoning Adjustment was Kaker & Ware regarding a variance to Zoning Ordinance 82-73, Section 54 (Masonry) for the property located at 541 Industrial Blvd., or Lot 4R of Grapevine Industrial Park. Chairman Lamb issued the Oath of Truth to Mr. Ware who advised those present that the new building would not be visible from the street and that the existing building do not have masonry. Mr. Ware is asking that an exception be made to the 700 masonry requirement. Chairman Lamb asked if anyone else present wished to speak either for or against this request. As no one else wished to speak, Chairman Lamb asked for a motion to close the public hearing portion of this case. A motion was made by Garry Tischler to close the public hearing, which was seconded by Ron Troy and which prevailed by the following vote: Ayes: Tischler, Troy, Lamb, Waldrip and Thompson Nays: None Board of Zoning Adjustment September 5, 1985 Page 10. Ayes: Tischler, Thompson, Lamb, Troy and Waldrip Nays: None Ayes: Troy, Tischler, Lamb, Waldrip and Thompson Nays: None There followed a brief period of discussion between the members of the boardir after which, a motion was made by Bill Waldrip to deny this request, as he saw no hardship in this situation. The motion was seconded • Ron Troy, and the motion failed for lack • 2/3 majority as follows: Ayes: Waldrip, Troy and Nays: Thompson and TischAle Another motion was made by Garry Tischler to grant this request for variance. This motion was seconded by Gerald Thompson, and also failed due to lack • oritv as follows: WARM WMINVOC 1 Board of Zoning Adjustment September 5, 1985 Page 11. sale as single-family residences. Weekly Homes has agreed to post a letter on the premises at all times. Ted Ware also spoke during this portion of this public hearing. Chairman Lamb called for a motion to close the public hearing, as it appeared no one else wished to speak. A motion was then made by Garry Tischler to close the public hearing, which was seconded by Gerald Thompson. This motion prevailed by the following vote: Ayes: Tischler, Thompson, Lamb, Waldrip and Troy Nays: None After a very brief period of discussion a motion to approve this variance as requested was made by Gerald Thompson. This motion was seconded by Garry Tischler, and the motion prevailed by the following vote: Ayes: Thompson, Tischler, Lamb, Troy and Waldrip Nays: None At this point in this meeting, Tam-ay Hardy recommended that a maximum of ten (10) cases be used on each agenda (meting). After much discussion between members of the Board of Zoning Adjustment, the consensus seemed to be to keep as is and to not put a limit on the number of cases. Lo X ki f 0*11 P) Q r% 1"Lel &V = 0 14 E M a F Board of Zoning Adjustment to consider minutes of the following meetings: March 28, May 28, June 6, June 27 and July 11, 1985. After a review of the aforementioned minutes, a motion was made by Bill Waldrip to approve all of the previously mentioned minutes as submitted. This motion was seconded by Gerald Thompson, and prevailed by the following vote: Ayes: Waldrip, Thompson, Lamb, Tischler and Troy Nays: None Chairman Lamb declared the meeting adjourned at approximately 11:30 P.M. PASSES AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 2nd DAY OF JANUARY _. 1986. ATTEST: Secretary P