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Home My WebLink About1987-03-02AGENDA CITY OF •, . REGULAR :•''# OF • ADJUSTMENT 1 COUNCIL MONDAY, MARCH 2, 1987 AT 6:00 P.M. CITY + is #205 307 WEST DALLAS ROAD, GRAPEVINE, TEXASI M **m•0rim A. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE + 87-08 SUBMITTED BY . NS, BIRKINGHAM, WILLIAMSON, AND CONSIDERATION OF i,_ S = , A. !T#ARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT — CASE BZA 87-11, SUBMITTED BY BARBARA • AND CONSIDERATION OF THE SAME. B. BOARD OF ZONING ADJUSTMENT TO CCNSIDER BOARD OF ZONING ADJUSTMENT CASE BZA : SUBMITTED BY • • AND CONSIDERATION OF 1 `. 1 . C. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE BZA : SUBMITTED BY • N EVANS, • R CONSIDERATION OF 13 SAME. IF. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE BZA 87-14, SUBMITTED BY WHATABURGER, INC. AND CONSIDERATION, OF 1 SAME. 6. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADjl$S-TM-F7\lT- CASE BZA 87-15, SUBMITTED BY J.R. BOWLING, AND CONSIDERATION OF THE ' t F. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE BZA 87-16, SUBMITTED BY GENERAL HOMES AND CONSIDERATION OF t G. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE : • : r BY • 1 AND CONSIDERATION THE SAME. H. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE BZA 87-18, SUBMITTED BY GENERAL HOMES AND CONSIDERATION OF 9G E" _ 4 FL. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE c • : • SUBMITTED BY GENERAL HOMES • R CONSIDERATION THE •`1 . J. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE BZA 87-20, SUBMITEED BY GENERAL HUES AND CONSIDERATION OF THE SAME. K. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE BZA 87-21, SUBMITTED BY BAYLOR MEDICAL CENTER, GRAPEVINE, AN1 CONSIDERATION OF r SAME. L. BOARD OF ZONING ADJUSTMENT TO CONSIDER BOARD OF ZONING ADJUSTMENT CASE BZA 87-22, SUBMITTED BY CHARLES MARTINEZ AND CONSIDERATION OF 4 TIE SAME. IN ACCORDANCE WITH a► a AS AMENDED BY CHa r ACTS OF r LEGISLATURE, AR SESSION, THE •• :•A-• OF • ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 27TH DAY OF FEBRUARY, ,i AT 00 • IMIN III AN The Board of Zoning Adjustment for the City of Grapevine, Texas met in regular session March 2, 1987, at 307 West Dallas Road, in the Council Chambers, Grapevine, Texas with the following members present to wit: Bill Waldrip Gerald Thompson Ron Troy Garry Tischler Don Bigbie Charles Giffin Chairman Vice-Chairman Secretary Member Member 2nd Alternate constituting a quorum, with 1st Alternate, John Ferguson absent. Also present was City Council representative, Ted Ware and the following City Staff present to wit: H. T. (Tommy) Hardy Director of Community Development Joy Carroll Administrative Assistant John Boyle City Attorney Gerrie Taylor Secretary Chairman Bill Waldrip called the meeting to order at 6:10 P.M. , . W : 1: • MOM The first item of old business was for the Board of Zoning Adjustment to consider BZA 87-08, submitted by John Evans, whose case was tabled at the February 2,. 1987 meting to allow time for the Mr. Evans to contact Mr. Vick, the Main Street Director and the Historical Committee about the property located at 102 South Main Street.Chuck Giffin stated that the Main Street Committee, Mr. Evans and Walt Buster met last week and the Committee passed a motion that the drawings Mr. Evans submitted was in keeping with what is being done with Main Street and would be an improvement over what was going to be there. Mr. Giffin also stated that there was also no support in saving the service station. John Evans spoke and presented drawings of what the building will look like in trying to keep in line with downtown Main Street. Marion Brekken took the Oath of Truth and wanted to know by what procedure that can be assured the building will be built according to the architectural design. Charles Giffin stated that it would be put in the motion. With no one to speak either for or against the request, Gerald Thompson made a motion to close the Public Hearing. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Ron Troy made a motion that the property in question does have special conditions. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Ron Troy then made a motion that the special conditions that exist are the unusual shape of the tract and the difficult access both which make the site development difficult and in need of a variance. Gerald Thompson seconded the motion which prevailed by the following vote: and of Zoning Adjustment March 2, 1987 Page 2 Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Don Bigbie made a motion to approve the variances as follows: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson HIBIRLIMUM With • one to speak for • against this request, Ron Troy made a motion to close the Public Hearing. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thcmpson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Ayes: Waldrip, Nays: None Absent: Ferguson Barbara Pantuso of 2825 Rockport Cove, Grapevine, Texas, and real estate agent for the property took the oath of Truth and stated that the financial institution is requiring the variance® Board of Zoning Adjustment March 2, 1987 Page 3 With no one else to speak either for or against the request, Ron Troy made a motion to close the Public Hearing. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Gerald Thompson made a motion that there is a special condition on this property. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Gerald Thompson made a motion that the special conditions are as follows: the house is six years old, it was set up by mistake in the 30' front yard setback and moves to grant the variance to the 30' front yard setback requested by the applicant which is zoning ordinance 82-73, Section 15.G.1. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson BZA 87-12, ZENITH CONSTRUCTION The next item of new business was for the Board of Zoning Adjustment to consider BZA 87-12, submitted by Zenith Construction, who is requesting variances from Grapevine Zoning ordinance 82-73, Section 42.F.5, Supplementary District Regulations which requires the face of a garage door be no closer than 201 to any side or rear residential lot line, and Section 15.G.1, R-7.5, Single Family, 30' front yard requirements for a one (11) foot encroachment in the front yard and a five foot-three inch (5'3") encroachment in the side yard. Ed Snider, 10500 Metric, Suite 110, Dallas, Texas 75243, with Zenith Construction took the oath of Truth and stated the house is 90% complete and that the initial builder had the house foreclosed on in October, 1986, and the lender has asked Zenith Construction to complete the house. The applicant was asked if there had been any consideration in moving the opening of the garage from the side to the rear. Mr. Snider stated that since it was brick, that would be very costly. Since there was no one else to speak for or against the request, Garry Tischler made a motion to close the Public Hearing. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson After further discussion, Garry Tischler made a motion that there is a special condition that exists. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Garry Tischler made a motion that the special conditions pertain to the foreclosure on the property and it is now in the hands of the Mortgage Company on an existing structure. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson Troy, Tischler, Bigbie Nays: None Absent: Ferguson Garry Tischler made a motion that the special condition on the front of the house is that it would be very difficult to move or to comply with the Board of Zoning Adjustment March 2, 1987 Page 4 existing zoning which there is the same problem with the side yard and garage and to deny the variance for the side yard, Section 42.F.5. The clarification of the motion is to grant the variance on the front yard setback, Section 15.G.1 and to deny the variance on the side yard for the garage. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Waldrip, Troy, Tischler, Bigbie Nays: Thompson Absent: Ferguson Tract 1: (1) a variance from the front landscaped buffer area from the required 25' to 10'; (2) an exception to the required 15' landscaped strip that is required along Ball Street to be allowed to have a 10' strip, a 5' exception; (3) an exception to the landscape strip that is required along the adjacent property which is 10'. John Evans, took the oath of Truth and explained what had been changed on the concept plan. He stated that a median will be installed to have traffic coming out of the shopping center to turn back to the right on the William D. Tate Avenue to not cause a problem with the traffic coming fron, the Post Office. Ted Ware, took the Oath of Truth and stated that Council will be willing to make allowances for continuous shopping centers, so a side yard buffer would not be required in every case. With no one else to speak either for or against the request, Gerald Thompson made a motion to close the Public Hearing. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Don Bigbie made a motion that special conditions do exist on this property. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Board of Zoning Adjustment March 2, 1987 Page 5 landscaped buffer); Tract 3 - approval of variances for Section 25.G.4 (minimum sideyard); and Section 53.H.2.b (10' wide landscape buffer; and that these variances be granted in contingent of Mr. Evans letter dated February 17, the concept plan and be contingent upon the rezoning by City Council tomorrow night. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Chairman Waldrip called for a five minute recess. miummm"iyousiva The next item of new business was for the Board of Zoning Adjustment to consider BZA 87-14, submitted by Whataburger, Inc., who is building a new facility at the corner of Central Avenue and Northwest Highway. They are asking for exceptions to Section 60, Sign Regulations, to construct a sign that exceeds the 14" maximum sign cabinet depth requirement. They are requesting it be built 18". Tommy Hardy stated that the Sign Ordinance was amended at the last Council meeting which this section was increased in the existing requirements. Tommy Hardy stated that since the Ordinance has been increased to be capable of taking care of this sign, then Staff recommends denial. Dub Weatherby, of 4650 Arlene Drive, Corpus Christi, took the Oath of Truth, and explained that the hardship would be that this unit was suppose to open in three weeks and a sign with an 18" depth was available which they would like to use. Chairman Waldrip asked if there could be any modifications to this sign to make it comply. Mr. Weatherby stated that they could use the sign at another location and have a new one built in four to six weeks, but they needed the sign in three weeks. With no one else to speak either for or against the request, Ron Troy made a motion to close the Public Hearing. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson After further discussion, Ron Troy made a motion that the property in question does not have special conditions warranting a variance consideration. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Ron Troy made a motion that BZA 87-14 variance request be denied. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Waldrip, Nays: None Absent: Ferguson Thompson, Troy, Tischler, Bigbie The next item of new business was for the Board of Zoning adjustment to consider BZA 87-15, submitted by J. R. Bowling for a residence constructed at 3036 Ridgeview Drive, legally described as Lot 38R, Block 7, Creekwood West, III. Tommy Hardy explained that after Creekwood West III was platted, this lot was replatted, which Mir. Bowling was not aware of the changes that were made to the lot lines in which Lot 39 did not have access to the alley. At the time of closing, the problem was discovered. Staff recommends approval. Walter Nelson of 205 S.E. 5th Street, Grand Prairie, Texas, 75051, took the Oath of Truth and explained the problem with the lot. Board of Zoning Adjustment March 2, 1987 Page 6 With no one else to speak either for or against the request, Ron Troy made a motion to close the Public Hearing. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Gerald Thompson made a motion that a special condition does exist on this case. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Gerald Thompson made a motion that the special conditions are the confusion over the replat of Lot 38R; the applicant knew nothing at the time of construction; there is an existing house; and the hardship would be that it eliminates the access to the alley of Lot 39R which is also existing and Gerald Thompson also moved that the variance be granted in accordance with Section 15.6.3. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson The next item of new business was for the Board of Zoning Adjustment to consider BZA 87-21, submitted by Baylor Medical Center. Tonuy Hardy stated that because of recent action from the City Council on amending Section 60, the application was somewhat void. The Council exempted hospitals from off-premise sign requirements. Tommy Hardy stated that the applicant requests the case be withdrawn. Gerald Thompson made a motion that the Board accept the withdrawal of BZA 87-21, Baylor Medical Center. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson The last item of new business was for the Board of Zoning Adjustment to consider BZA 87-22, submitted by Charles Martinez who is requesting a variance from Section 60.I.5.a • the Grapevine Zoning Ordinance 82-73 which requires a 10' setback for on-premise signage in "LI Light Industrial Zoning District. The City right-of-way requirement for the widening • Dallas Road has imposed a hardship in setting the sign in the allowed sideyard setback area. Mr. Martinez is asking to place the sign on the property line. Tommy Hardy stated that Staff recommends approval. Charles Martinez of 2904 Cresthaven, Grapevine, Texas, took the oath of Truth and explained that if the sign was setback the required 10', it would be behind the building and not visible. Ted Ware stated that the City Council would probably be in approval of the request since the Council is requiring the additional right-of-way for Dallas Road. With no one else to speak either for or against the request, Garry Tischler made a motion to close the Public Hearing. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Gerald Thompson made a motion that case BZA 87-22 does have special conditions. Garry Tischler seconded the motion which prevailed by the following vote: Board of Zoning Adjustment March 2, 1987 Page 7 Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Gerald Thompson made a motion that the special conditions are - the City took the applicant's side property and a variance has already been granted for that, and for any visibility of the sign, it needs to be placed in the position that the applicant is requesting; and Gerald Thompson then moved that the Board grant the variance concerning Section 60.I.5.a. Ron Troy seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson Tommy Hardy read into the record, a letter from Garry Tischler concerning his resignation as of March 2, 1987 due to conflicts with another activity. Also John Ferguson will be resigning because of job relocation. Tommy Hardy also stated that the new Board of Zoning Adjustment applications will be ready for the May meeting. Board of Zoning Adjustment to consider minutes of the February 2, 1987 Don Bigbie made a motion to approve the minutes of the February 2, 1987 meeting. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson ADJOURNMENT Gerald Thompson made a motion to adjourn the meeting. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Troy, Tischler, Bigbie Nays: None Absent: Ferguson ATTEST-- SECRETARY