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HomeMy WebLinkAbout1987-11-02AGENDA CITY OF GRAPEVINE PEGULAR BOARD OF ZONING ADJUSTMENT N== MONDAY, 1 2, 1987 • • CITY COUNCIL CHAMBERS, 1 307 WEST DALLAS ROAD, GRAPEVINE, III. OLD BUSINESS kv r :s'•r • • �r WOOL • • r :•'•r • • r �rl rlr r •• : • •� :•`•r • r 'r ctrl • • r • :•'•r • • All ' • �• • ' A moot r • ` r r! • r • . r •. .•.. R TO W& W-01 Mal WVW WKI BEEN. mv. - The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session on Monday evening, at 6:00 P.M., November 2, 1987, in the Council Chambers, #205, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Bill Waldrip Don Bigbie Charles Giffin Robert Hinson Tim Hobbs Becky Swann Chairman Vice-Chairman Secretary Member 1st Alternate 2nd Alternate constituting a quorum, with Member Gerald Thompson absent. Also present was Council Representative, Gil Traverse, and Adrienne Leonard, Attorney, from the City Attorney's Office. The following City Staff was also present to wit: H. T. (Tommy) Hardy Joy Carroll Gerrie Taylor �•val Director of Commmity Development Administrative Assistant Secretary Chairman, Bill Waldrip, called the meeting to order at 6:00 P.M. NEW BUSINESS 00-0-1.400LIJ The first item of new business was for the Board of Zoning Adjustment to consider BZA 87-57, submitted by Robert E. Murphy who has filed an application requesting variances from Grapevine Zoning Ordinance 82-73, Sections 25.F.2 which requires a variance request to comprise at least 5 acres; Section 25.G.5 for an eleven (11) foot encroachment into the required twenty-five (25') foot rear yard setback; Section 25.M.4 which requires a twenty (20') foot buffer strip between commercial and residential and screening; Section 54 which requires seventy (70%) percent of the total exterior walls, excluding doors and windows to be masonry; Section 53.H.2.b which requires a twenty (20') foot wide perimeter landscape when neighboring vehicular use areas abut property lines; Section 58.B. which requires all off-street parking and loading and drives, vehicle sales and display areas in all districts to be paved to code. Joy Carroll stated that Staff recognizes a special condition due to the rezoning in 1984 when Mr. Murphy's property was rezoned to Single Family Residential after his building had already been built and had met all zoning requirements at that time. As of the recent October 20, 1987, City Council and Planning & zoning meting, the lst reading was approved to change the zoning from "R-7.5", Single Family to "CC", Community Commercial. If the variances are granted by the Board of Zoning Adjustment, then the City Council will consider a second reading for the rezoning at the November 3, 1987 meeting. Bob Murphy, applicant, took the Oath of Truth and explained that he was not aware that the rezoning in 1984 affected his piece of property that he had just purchased. Mr. Murphy also stated that in order to refinance, the mortgage company will not refinance the property unless the zoning is changed from non-conforming "R-7.5" to 11CCIT. Tommy Hardy stated that during the time of the rezoning in 1984, this property was not really considered for the best zoning use. With no one else to speak concerning the request, Robert Hinson made a motion to close the Public Hearing. Tim Hobbs seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson Board of Zoning Adjustment November 2, 1987 Page 2 After further discussion, Don Bigbie made a motion that a special condition does exist. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson Don Bigbie then made a motion that the special condition being, a building permit was taken out prior to the master zoning change in 1984, it met the Ordinance requirements at that time and due to the subsequent City rezoning, the building is now non-conforming. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thcnpson Ayes: Waldrip, Nays: Non- '• - ompson 671919•..P Keith Fisher of 607 Huntington Court, Grapevine, Texas, took the Oath of Truth and stated that he had been helping Mr. Teachenor with the construction • the shed and feels that there is nowhere else on the lot he could located the shed. Curt Rodenhouse of 608 Huntington Court, Grapevine, Texas, took the Oath of Truth and read a letter from several neighboring homeowners, including himself opposing the request. Tom Calvin of 612 Huntington Court, Grapevine, Texas, took the Oath of Truth and stated that he was opposed to request. Board of Zoning Adjustment November 2, 1987 Page 3 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, Giffin, Hinson, Hobbs Nays: None Absent: Thompson After further discussion, Robert Hinson made a motion that a special condition does not exist. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson Robert Hinson made a motion to deny the variance due to the fact that there is no special condition that exist. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson 0 *1 . W TMIM • The next item of new business was for the Board of Zoning Adjustment to consider BZA 87-63, submitted by Mr. Charles Burns who is requesting a variance from Grapevine Zoning Ordinance 82-73, Section 15.G.2, Single - Family requirements for a fourteen foot-eight inch (14'8") encroachment into the required twenty-five (25) foot rear yard setback to construct an addition on to his residence located at 2958 Canyon, legally described as Lot 10, Block 8, Oak Creek Estates. Mr. Charles Burns, applicant, took the Oath of Truth and stated that the additional space is needed for his family and that because of so many trees in his backyard, the addition would not be very visible. Mary Ann Burns, applicant, took the Oath of Truth and stated that the contractor they chose to build the addition lives across the street and has no objection to the addition. With no one else to speak either for or against the request, Tim Hobbs made a motion to close the Public Hearing. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson Tim Hobbs made a motion that there has not been a substantial hardship proved and that a special condition does not exist. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Hobbs Nays: Giffin, Hinson Absent: Thompson Tim Hobbs then made a motion that BZA 87-63 in reference to Grapevine Zoning Ordinance 82-73, Section 15.G.2 be denied. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Hobbs Nays: Giffin, Hinson Absent: Thompson The variance was denied. W�.t -, gloysumigm The next item of new business was for the Board of Zoning Adjustment to consider BZA 87-64, submitted by Grandy's Inc., who has recently requested rezoning for a tract of land just east of McDonald's off of Highway 114. Board of Zoning Adjustment November 2, 1987 Page 4 Grandy's is asking for variances from Grapevine Zoning Ordinance 82-73, Section 60.B.2. (c) (4) & (11) for a forty seven foot-one & one half inch (47'1 1/2") high sign which the ordinance only allows for a twenty foot (20') high sign, with a cabinet measuring sixteen feet (16') X twelve foot-one & one half inch (12'1 1/2") which exceeds the maximum square feet allowed by four (4') foot in width and one foot-one- & one half inch (111 1/2") in height. Joy Carroll stated that Staff recommends denial. Emmett Sacrey, of 1304 Walnut Hill In., Irving, Texas, and Architect for Grandy's Inc., took the Oath of Truth and presented the Board a site plan showing the location of the sign. Mr. Sacrey explained how this tract was planned for the best use of a restaurant and that a twenty foot (20') high sign would be totally lost for traffic headed east on Highway 114. Millard Wright of 829 E. Woodland, Copper Canyon, Texas, took the Oath of Truth and also stated how traffic from eastbound Highway 114 and also Main Street would not be able to see a twenty foot (20') sign. Dave McDonald of 714 Oak Lane, Grapevine, Texas, took the Oath of Truth and stated that he works for Grandy's Inc., and stated approval for the request. Gil Traverse, City Council Representative, stated that when the City Council and Chamber of Conraerce reworked the Sign Ordinance the highway development was an area they were unsure of. Mr. Traverse stated that the City Council and the Chamber of Commerce wanted to see what was going to happen with the highway development and if the twenty (20') feet was going to be a problem with highway use on signs. Mr. Traverse also stated that the City Council has shown support of higher signs along freeways. With no one else to speak either for or against the request, Robert Hinson made a motion to close the Public Hearing. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Wald-rip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson During discussion Robert Hinson stated that he was on the Board with the Chamber of Commerce and spent a lot of time trying to encourage larger signs being permitted for freeway use. He also stated that the Planning & Zoning Commission did recognize that a forty (40') foot sign was a possibility and feels there is a disadvantage for the small businesses that have freeway frontage but not located in a Planned Commercial Center which the City Council may approve a sign up to forty (40') feet in height. Becky Swann stated that she was also a member of the sign committee and that the cam-Littee worked very hard on this issue concerning signs along the freeway but did not settle on a decision. With no one else to speak either for or against the request, Robert Hinson made a motion that a special condition does exist. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson Robert Hinson made a motion that the special conditions that do exist are the unusual situation being on highway frontage, the present twenty (201) foot high sign limits are prejudicial against this company, a larger sign requirement is needed and the slope of the land. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson Robert Hinson then made a motion that BZA 87-64, Grandy's variance be approved with the exception of limiting the total height of the sign to forty (40') feet and to allow the cabinet sign as proposed in accordance to Section 60.B.2.c. (4) (11) of Grapevine Zoning Ordinance 82-73. Tim Hobbs seconded the motion which prevailed by the following vote: Board of zoning Adjustment November 2, 1987 Page 5 Ayes: Waldrip, Nays: None Absent: Thompson Bigbie, Giffin, Hinson, Hobbs The last item of new business was for the Board of Zoning Adjustment to consider BZA 87-65, submitted by Mr. Robert Price whose case was denied due to lack of prosecution at the last October 5, 1987 meeting for variances to the side and rear yard for the residence located at 2947 Canyon, legally described as Lot 13, Block 9, Oak Creek Estates. The variance is for the purpose of adding a room on to the residence for Mr. Price's mother who has been instructed by her physician to have in-home care. Robert Price, applicant, took the Oath of Truth and explained that his mother needs to move in with the family and will need at least one thousand (1,000) square feet of living area according to the physician. There was concern from the members and several neighbors on what the drawings of the structure would look like. Mr. Price had not submitted any drawings but said they could be provided. Bill Smith, contractor for Mr. Price, took the Oath of Truth and explained that aesthetically, there would be no change, that the addition would match the house. Joy Carroll announced that a special Board of Zoning Adjustment meting had been set up for the 18th of November and that Mr. Price's case could be tabled until then so drawings could be submitted for the Board's review. Joy Carroll also read a letter of approval from Harry Dunsworth of 2940 Canyon, Grapevine, Texas. Robert Hinson made a motion to continue the Public Hearing until the November 18, 1987, special Board of Zoning Adjustment meting. Tim Hobbs seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson Under miscellaneous discussion, Joy Carroll told the Board that the special public hearing set up for November 18, 1987, is for the Board to consider any Council recamme-ndation to Mr. Lindley's case which is rescheduled for November 17, 1987, and needed to know if there will be a quorum. Chairman, Bill Waldrip, announced that he will be moving with his company to Houston and this will be his last meeting. Tim Hobbs made a motion to table the minutes of the October 5, 1987 meeting until the next meeting. Don seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson ADJOUPIZENT Robert Hinson made a motion to adjourn the meeting. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Waldrip, Bigbie, Giffin, Hinson, Hobbs Nays: None Absent: Thompson The meeting was adjourned at 8:30 P.M. Board of Zoning Adjustment November 2, 1987 Page 6 PASSED AND APPROVED BY THE BOARD • ZONI ADJUSTT0= OF THE CITY • GRAPEVINE, TEXAS • THIS THE —19, DAY 'OF 1987. SECRETARY