HomeMy WebLinkAbout1987-01-05• •.i .
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BOARD OF ZONING ADJUSTMENT TO CONSIDER A RESOLUTION TO A2jMD BOATU
OF ! NING ADJUSTME
A. BOARD OF ZONING ADJUSTMENT' TO CONSIDER BOARD OF ZONING
ADJUSTMENT CASE BZA 87-01, SUBMITTED BY GEMCRAFT HOMES AND
CONSIDERATION OF 1 SAME.
B. • `i OF • ADJUSTMENT T• CONSIDER BOARD OF •
Al 1 ASE B ♦ 87-02, SUBMITTED ♦k '• ! 1 • i
CONSIDERATION OF T'HE SAME.
C-
BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD
OF ZONING
AnJUSTMENT' CASE BZA 87-03, SUBMITTED BY GfMO=
HOMES AND
CONSIDERATION OF 1 • 1 .
D.
BOARD OF i ADJUSTMENT T• CONSIDER BOARD
OF •
ADJUSTMENT CASE BZA 87-05, SUBMITTED BY MR. VINCE
ATTANUCCI
AND CONSIDERATION OF t ♦ 1.
E.
:• ►•i OF • ADJUSTMENT • CONSIDER :!•'i
OF •
ADJUSTMENT • : . 87-06, :. i BY 1• . NATHAN
HIGU
CONSIDERATION OF ♦ 1 .
1
B••'i OF ! ADJUSTMENT • CONSIDER BOARD
OF •
ADJUSTMENT C' : ` 87-07, SUBMITTED BY FIRST TEXAS
SAVINGS
♦ i CONSIDERATION OF
BOARD OF • ADJUSTMENT' T• ENTER A WORKSHOP SESSION RELATIVE T•
BOARD OF ZONING ADJUSTMENT BY-LAWS, DUTIES, AND RESPONSIBILITIES,
PROVIDING E.BA STAFF RECOMMENDATIONS AT PUBLIC HEARINGS '" i
PROVISION OF FINDING OF FACTS FOR ALL CASES.
OEM
IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227,
ACTS OF TBE 61ST LEGISLATURE, PXaUAR SESSION, THE BOARD OF ZONING
ADJUSTMENT PUBLIC HEARING AND REGULAR MEETING AGENDA. W-AS PREPARED AND
POSTED ON THIS THE 2ND DAY OF JANUARY, 1987, AT 5:00 P.M.
153 !' ! 1, .1 wool mal irel R Zia
The Board of Zoning Adjustment for the City of Grapevine, Texas met in
regular session January 5, 1987, at 307 West Dallas Road, in the Community
Room, #205, Grapevine, Texas with the following members present to wit:
Bill Waldrip
Don Bigbie
John Ferguson
Charles Giffin
Chairman
Member
1st Alternate
2nd Alternate
constituting a quorum, with Vice Chairman Gerald Thompson, Secretary Ron
Troy and Member Garry Tischler absent. Also present were City Council
Representative Ted Ware, Council Member Sharron Spencer, Planning and
Zoning Commission Chairman, Richard Atkins, and the following City Staff
present to wit:
H. T. (Tommy) Hardy, Director of Community Development
Joy Carroll Administrative Assistant
Ken Dippel Attorney, City Attorney's Office
Gerrie Taylor Secretary
CALL TO ORDER
Chairman Bill Waldrip called the meting to order at approximately 6:00 P.M.
• •�1506*3*
Board of Zoning Adjustment was to consider amending the Bylaws to change
the meting place from 413 Main Street to 307 West Dallas Road, #205, and
change the day from the first Thursday of each month to the first Monday of
each month.
John made a motion to accept the resolution as written. Charles Giffin
seconded the motion which prevailed by the following vote:
Ayes: Waldrip,
Nays: None
Absent: Thompson,
Niar"s
Bigbie, Ferguson, Giffin
Troy, Tischler
BZA 87-01, 02, 03, Gemcraft Homes
The first item of new business was for the Board of Zoning Adjustment to
consider BZA 87-01, 02, and 03, submitted by Gemcraft Homes. Tcomy Hardy
explained that this was a standard model home variance request for the
purpose of constructing a model home park for 1718 Altacrest (Lot 5, Block
2, Glade Landing); 1720 Altacrest (Lot 4, Block 2, Glade Landing); 1716
Altacrest fLot 6, Block 2, Glade Landing). Kurt Thomas, representing
Gemcraft Homes, was present.
With no one\to speak either for or against the request, Don Bigbie made a
motion to close the Public Hearing. John Ferguson seconded the motion
which prevailed by the following vote:
Ayes: Waldrip, Bigbie, Ferguson, Giffin
Nays: None
Absent: Thompson, Troy, Tischler
With no further discussion, John Ferguson made a motion to except all three
variances as requested. Don Bigbie seconded the motion which prevailed by
the following vote:
Ayes: Waldrip,
Nays: None
Absent: Thompson,
BZA 87-05, Vince Attanucci
Bigbie, Ferguson, Giffin
Troy, Tischler
The next item of new business was for the Board of Zoning Adjustment to
consider BZA 87-05, submitted by Vince Attanucci, who is requesting an
exception to Zoning Ordinance 82-73, Section 15.B.6. which requires that a
detached accessory structure be twenty (201) feet from any street
Board of Zoning Adjustment
January 5, 1987
Page
right-of-way. Mr. Attanucci is requesting to build a deck and cover into
the required twenty (20') foot side yard. Tommy Hardy stated that Staff
recommends denial.
Vince Attanucci of 532 Chasewood Drive, Grapevine, and who is the applicant
took the Oath of Truth and stated that the structure is already up and
extends ten (10') feet into the City right-of-way. Mr. Attanucci also
explained that when talking to the City about building a deck, he neglected
to ask about the cover, which is not totally completed. Also a petition
was signed by his neighbors stating approval.
Mark Cummings of 4710 Brenton Oaks Drive, Grapevine, neighbor of the
applicant, took the Oath of Truth and spoke in favor of the request and
stated that the structure would be an asset to the neighborhood.
Dick Moyer, of 531 Arbor Oaks, Grapevine, who lives directly behind the
applicant, took the Oath of Truth and expressed approval of the request.
With no one to speak for or against the request, Don Bigbie made a motion
to close the Public Hearing. Charles Giffin seconded the motion which
prevailed by the following vote:
Ayes: Wa1drip, Bigbie, Ferguson, Giffin
Nays: None
Absent- Thompson, Troy, Tischler
After further discussion, John Ferguson made a motion to accept the
variance as requested. Mr. Ferguson's motion failed with no second to the
motion. Don Bigbie made a motion to accept the variance provided that the
applicant will provide a natural screening to the front and side yard.
After some discussion with To Hardy and Mr. Attanucci on what type of
screening should be provided, Don Bigbie continued with the motion to grant
the variance with the stipulation that the applicant using his best
judgement and good taste will provide screening on the west and south sides
to block the view of the structure from the street. John Ferguson seconded
the motion which prevailed by the following vote:
Ayes: Waldrip, Bigbie, Ferguson, Giffin
Nays: None
Absent: Thompson, Troy, Tischler
The next item
• new business was for the Board • Zoning Adjustment to
consider BZA 87-06, submitted • Nathan Hight who has made application to
occupy a building for equipment rental at 1415 West Northwest Highway, and
requesting exceptions to Grapevine Zoning ordinance 82-73, Sections 26.K
and 26.G.3, Highway Commercial requirem-ents for front setback and parking
lot buffer strips; to Section 53.H.l.a, b, and c, and 53.H.2.a, landscape
requirements; and 58.B, relative to required paving for parking lots. Mr.
Hight has added crushed rock for the parking lot and the ordinance requires
asphalt or concrete, and by adding the rock has removed the required front
landscaping.
John Mayfield, realtor for Mr. Hart, the property owner, took the Oath of
Truth and explained that when it was time to obtain a Certificate of
Occupancy, there were several items that did not meet code requirements.
Most of those items has been corrected. He explained that the pond in
front, which did not meet code requirements was filled in with gravel.
Mr. Mayfield also stated that since there is no sewer in the area, the
property owner, feels it would be a hardship to pour concrete for parking
at this time, knowing that sewer might be available in the future. Mr.
Mayfield also stressed that this would only be a temporary location for Mr.
Hight.
Nathan Hight, applicant, took the oath • Truth and spoke in regards to the
request and stated that most of the equipment will be stored in the back •
the property. Mr. Hight stated that $1500.00 to $2000.00 has already been
put into the location for upgrading to code.
Tommy Hardy stated that the property was non-conforming because there was
no parking until Mr. Hight started bringing in gravel and redoing the
parking.
Board of Zoning Adjustment
January 5, 1987
Page
With no one else to speak either for or against the request, Don Bigbie
made a motion to close the Public Hearing. Charles Giffin seconded the
motion which prevailed by the following vote:
Ayes: Waldrip, Bigbie, Ferguson, Giffin
Nays: None
Absent: Thompson, Troy, Tischler
Bill Waldrip explained how important it was to update the appearance of
Northwest Highway and how this property is not presently adding to the
aesthetic appeal. There was discussion on supporting the variance on a
time limit temporary basis, with hopes it would be permanently improved
eventually.
Tcmiy Hardy re-stressed to the Board that it would be putting the City in
an awkward position by saying one year time limit. Tommy Hardy also stated
that what was trying to be done to this property is totally against
everything the Zoning Ordinance is trying to achieve.
After further discussion, John Ferguson made a motion to accept the
variances as indicated with the exceptions of 26.G.3. (Landscape Ordinance)
based on the term of the lease of Mr. Hight's occupancy and the occupancy
not be permitted without his compliance with Section 26.6.3, twenty-five
(25') foot front landscape requirements. Don Bigbie seconded the motion
which prevailed by the following vote:
Ayes: Waldrip, Bigbie, Ferguson, Giffin
Nays: None
Absent: Thompson, Troy, Tischler
The Board of Zoning Adjustment to consider BZA 87-07, submitted by First
Texas Savings who is wanting to tear down the existing building, rebuild
and add on to the south end of the building to maintain the present site
improvements at 1001 South Main Street. They are requesting exceptions to
Grapevine Zoning Ordinance 82-73, Section 25. G. 3 (landscape setback area);
Section 53.H.1.c (planter islands); Section 53.H.2.a. (landscape buffer
area); Section 53.H.2.b (landscape buffer area).
Randall Bauer of Dallas, Texas, took the Oath of Truth and explained that
First Texas Savings would like to make the existing building look more like
a commercial building instead of a converted residence as it looks now.
They want to keep the existing foundation and utilize the existing
footprint and to keep the outside drive-thru lanes where they are now.
More parking will be added more or less as a backup at the rear.
Sharron Spencer, of 3214 Wintergreen Ct, Grapevine, Texas, took the Oath of
Truth and stated that there was once a Physician utilizing a part of the
building and asked the applicant if, in the future, would part of the
building be utilized for that again? Randall Bauer assured Mrs. Spencer
that the Physician has moved out and the building will be totally utilized
by First Texas Savings.
Rick Atkins, of 2954 Trail Lake Drive, Grapevine, Texas, took the Oath of
Truth and asked why so many variances were being asked for when there was
so much land in the back of the property that could be utilized for parking
and the twenty-five (25') foot front yard could be met.
Randall Bauer explained that they wanted to keep the same site, to keep
more parking close to the building for customer convenience and does not
want to mix walk-in customers with the drive-thru. traffic.
With no one else to speak either for or against the request, Charles Giffin
made a motion to close the Public Hearing. Don Bigbie seconded the motion
which prevailed by the-following vote:
Ayes: Waldrip, Bigbie, Ferguson, Giffin
Nays: None
Absent: Thompson, Troy, Tischler
Board of Zoning Adjustment
January 5, 1987
Page
There was further discussion on why the back of the property could not be
utilized. Richard Atkins quoted a memo from the City Attorney relative to
decisions from Board of Zoning Adjustments which cannot be upheld in court.
After further discussion, John Ferguson made a motion as follows: -"the
elimination of acceptance of the variances indicated (2, 3, 4) on list
with five spaces being eliminated". Charles Giffin seconded the motion
which prevailed by the following vote:
Ayes: Waldrip, Ferguson, Giffin
Nays: Bigbi-
b - ompson, Troy Tischler
The variance was denied due to lack of majority vote.
Chairman Waldrip called for a ten minute recess.
016*1601M 0
Mr. Kenneth Dippel from the City Attorney's office spoke to the Board of
Zoning Adjustment in a workshop session relative to the Board of Zoning
Adjustment By-laws, duties, and responsibilities, providing verbal staff
recommendations at public hearings, and provision of finding of facts of
all cases.
UATMONIOUMMAP-12ENA
With
• further discussion, John Ferguson made a motion to adjourn. Don
Bigbie seconded the motion which prevailed by the following vote:
Ayes: Waldrip, Bigbie, Ferguson, Giffin
Nays: None
Absent: Thompson, Troy, Tischler
PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF
GRAPEVINE, TEXAS ON THIS THEE ,ao(DAY OF _,� �, 1987.
APPROVED:
CHAIRMAN