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HomeMy WebLinkAbout1989-01-05AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT REGULAR PUBLIC HEARING THURSDAY, JANUARY 5, 1989 AT 6 PM COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DAILAS ROAD GRAPEVINE, TEXAS 76051 III. OLD BUSINESS IV. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO :•••r OF ON/ ADJUSTMENT SUB=7ED BY MR. ALLEN BIRMINGHAM AND CONSIDERATION OF ., F*.,. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA88-30 SUBMI BY MS.NONA JEAN CHIVERS AND CONSIDERATION OF i a1 • : • • - i • • • r I i lal + :. r ali f + ! • r ail + • • f D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC CONSIDERATION • • • :•••i • ZONING ADJUSTMENT •:: ai • • • : a• + : a- r +, :. r ass i • fay i !� /r af• • r • + i F. BOARD OF ZONING ADJUSTMENT OF CONDUCT A PUBLIC BEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA88-34 SUBMITTED BY ARLINGTON SAVINGS BANK AND CONSIDERATION OF + I r ai + !! i ! ' i • af• • i IN ACCORDANCE WITH ARTICLE 6252-17, V.Z.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST.LEGISLATURE, REGULAR SESSION,. THE BOARD OF ZONING ADJUSTMENT •• MEETING AGENDA VMS ••af•+•ali AND POSTED ON THIS THE • • ! DAY OF DECEMBER, • :: AT 5 PM. ( erector of Co unity Develop -rent The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session January 5, 1989, at 6:00 P.M., at 307 West Dallas Road, Room #205, Grapevine, Texas, with the following members present to wit: Gerald Thomps Tim Hobbs Becky Swann Don Bigbie Charles Giffi Raymond Truit Don Frieden I Chairman Vice-Chairman Secretary Member Member 1st Alternate 2nd Alternate constituting a quorum with the following City Staff also present to wit: H. T. (Tommy) Hardy Joy Carroll Adrienne Leonard Gerrie Taylor Terry Colley [W-Alem Director of Community Development Administrative Aide Attorney, City Attorney's Office Administrative Secretary Main Street Director Chairman, Gerald Thompson, called the meting to order at approximately 6 :00 P.M. The Chairman administered the Oath of Truth to those of the audience who wished to speak. The first item of new business was for the Board of Zoning Adjustment to consider BZA 88-29, submitted by Mr. Allen Birmingham, who is requesting variances for the purpose of constructing two drive-thru food establishments at the property located at the southwest intersection of Main Street and Northwest Highway. The following variances are to Grapevine Zoning Ordinance 82-73, Section 26.G.3, which requires a 25 foot front landscaped. front yard to be utilized totally as landscaped setback area, the variance being 22 feet for the portion fronting on Northwest Highway, and a 22 foot to 20 foot variance for the front yard portion fronting on Main Street; Section 26.K which requires a 5 foot setback from the parking area when adjacent to a property line, the variance being 3 feet along the south property line; Section 53.H.2.a which requires a minimum 15 foot landscaped setback along the perimeter of off-street parking or vehicular use area and public right-of-way, the variance being 12 feet along the west property line fronting Barton Street; Section 53.H.2.b which requires at least a 10 foot wide landscaped strip between parking areas and adjacent property lines, the variance being an 8 foot variance needed along the south property line; Section 56.C.3 which requires 24 parking spaces, the variance being 7 spaces for the uses submitted with the application; and Section 58.1 which requires 25 foot driving lanes with 90 degree parking, the variance being 7 feet and 5 feet. Joy Carroll stated that Staff recommended approval because the tract of land is irregular shaped which makes it difficult to develop. Mr. Allen Birmingham, of 5950 Berkshire Lane, Dallas, TX 75225, stated there will be two small buildings, both being drive-thru facilities. He explained he has tried to keep in line with all ordinances, that he met and exceeded the landscaping requirements, but needs flexibility in the parking and setback requirements. He noted, as shown on the site plan, Building A will be a drive-thru donut business and Building B will be a hamburger business with 17 parking spaces provided for both businesses. Becky Swann questioned the number of parking spaces available; whether or not 24 spaces were required for one building or for both. J60ARD OF ZONING ADJUSTI�= JANUARY 5, 198• VRAGE 2 Tanrw Hardy explained that the parking is calculated on the occupant load, and Building A, the donut drive-thru facility, will be used more like retail which is calculated • a different scale. Allen Birminqham added that because of the uses, both businesses will not be open at the same time. The donut shop will be open early morning till late morning and the hamburger business will be open late morning through the evening. Millard Dilg who owns property that abuts the property in question, was concerned about there being a path from traffic between the two properties and asked if there will be shrubbery or a curb along the property line. The Board felt there should be a curb to divide the two properties. With no one else to speak either for or against the request, Don Bigbie made a motion to close the Public Hearing. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann., Bigbie, Giffin Nays: None- Absent: None Becky Swann stated she still had a problem with the parking. But some of the members felt this was the best offer for this piece of property. Becky Swann made a motion that a special condition does exist. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None JANUAM 5, 1989 PAGE 3 Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None Oath of Truth was given to Mr. Guy Knowles, owner of the donut shop going in Building A. Mr. Knowles explained about their donut product. The next item of New Business was for the Board of Zoning Adjustment to consider BZA 88-30, submitted by Ms. Nona Jean Chivers who is asking for a variance to Grapevine Zoning Ordinance 82-73, Section 43.E.3, which allows the Board of Zoning Adjustment to approve or deny requests to add to non-conforming uses and structures as they deem appropriate. Ms. Chivers is asking to add on a bedroom to her residence located at 318 Turner Street. The area was zoned "R-111 prior to the 1984 City rezoning; and was rezoned to "R47-1" at the subject public hearings. Ms. Chivers explained the 15 X 24 foot addition will not extend over the adjacent lot line. Joy Carroll noted a letter had been received from the Love Chapel Church of God in Christ, 300 Turner Street, Grapevine, in. support of the variance. With no one else speak either for or against the request, Becky Swann made a motion to close the Public Hearing. Tim Hobbs seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie Nays: None Absent: None After some discussion, Becky Swann made a motion that a special condition did exist. Tim Hobbs seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie Nays: None Absent: None Becky Swann then stated the special condition is the life of the house will not be Prolonged by the addition, this was a reasonable and humane thing to do, and to grant approval to Grapevine Zoning Ordinance 82-73, Section 43.E.3, Non-conforming Uses. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann Bigbie Nays: None Absent: None The next item of new business was for the Board of Zoning Adjustment to consider BZA_ 88-31, submitted by HFCC, who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 43.E.3 which allows the Board of Zoning Adjustment to approve or deny requests to add to non conforming uses and structures as they deem appropriate. The applicant is wishing to build a separate structure behind the nursing home to house their laundry room which is now located within the building. Joy Carroll explained the existing structure, located at 925 Minters Chapel Road, Lot 1, Block 1 of the HFCC Addition, is non-conforming, having been built prior to the present 1984 "LI", Light Industrial Regulations. MS. Carroll also explained that presently the Brookhollow Manor Nursing Home is not platted; and in order to have a plat approved, the subject - variance must be approved. Mr. Humphrey of Brookhollow Manor Nursing Home, explained the need of a separate laundry room which will be located at the rear of the existing building. BOARD OF ZONING ADJUSTNENT JANUARY 5, 1989 PAGE 4 With no one else to speak either for or against the request, Tim Hobbs made a motion to close the Public Hearing. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None Tim Hobbs made a motion that a special condition does exist. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None Tim Hobbs then made a motion that the special condition is the fact the building is non-conforming, a laundry room is needed, and to grant the variance • Grapevine Zoning Ordinance 82-73, Section 43.E.3 for Non-conforming Uses. Becky Swann seconded the motion which prevailed • the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None Mr. Keaffaber, the applicant, spoke and explained how the lot was triangular shaped and was very heavily wooded. He also stated there had been an area previously cleared with a slab and would like to build a 2-story, 2200 square foot house in that location. With no one, else to speak either for or against the variance, Tim Hobbs made a motion to close the Public Hearing. Charles Giffin second- • •, which prevailed • the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None Charles Giffin made a motion that a special condition did exist. Becky Swann. seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie Giffin Nays: None Absent: None Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None JANUARY 5, 1989 I*AGE 5 6 1 W-1101 vail The next item of new business was for the Board of Zoning Adjustment to consider BZA 88-33, submitted by Ryland Homes who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 16.G.3 which requires a 12 inch and 11 foot side yard setback. The request is for a 3 and 9 foot side yard setback, a 2 foot variance from the required 11 foot side yard for the Park Central Garden Homes Addition. Joy Carroll stated that due to the amendment to the Building Code that was adopted by City Council Tuesday night, the Ryland Group will be able to achieve having window-- on the zero lot line side of their homes. Ms. Carroll then read a letter dated January 5, 1989, from the Ryland Group requesting that their application for variance be removed from the docket. After further discussion, Tim Hobbs made a motion to grant the request of withdrawal of their variance. Becky Swann seconded the motion-' which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None The last item of new business for the Board of Zoning Adjustment to consider was BZA 88-34, submitted by Arlington Savings Bank who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1, "R-7.511, Single-Family Zoning District Regulations which requires a 30 foot front yard setback for the existing house located at 2813 East Court, Lot 20R, Block 2, Creekwood Estates Addition. The existing plot plan shows a 29.2 foot front setback, a 0.8 foot variance is needed. Becky Swann made a motion to close the Public Hearing. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None Becky Swann made a motion that a special condition did exist. Tim Hobbs seconded the notion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None Becky Swann made a motion stating the special condition being the house was existing, it was no fault of the applicant, and to approve the 0.8 foot variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Thompson, Hobbs, Swann, Bigbie, Giffin Nays: None Absent: None Don Bigbie expressed he has not felt comfortable with some of the hardship cases that some have been turned down and some approved. Tommy Hardy explained that the case the Board denied several months back, the applicant did not prove a hardship, and some of the cases the Board approved, the applicant did prove their hardship. Don Bigbie asked if Ton-my Hardy would report on Tuesday nights Council meting concerning the "HC", Highway Commrcial District amendments. Mr. Hardy explained during the Public Hearing there was consideration on amending the "HC", Highway Commercial District design criteria. He stated that after the Public Hearing, P & Z made a recommendation to reduce the Open Space from 15% to 10%; reduce the front yard setbacks from 25 feet to BOARD OF ZONING ADJTJSTY= JANUARY 5, 1989 PAGE 6 10 feet; allow for a 2-story structure instead of one, but not to increase the height requirements; and have the maximum coverage of the lot be eliminated. Mr. Hardy noted that Council was concerned mostly with the reduction of the front yard setback and for Staff to do further study. • n Frieden expressed that the meting would be expedited if the Bo • aerbers would review their meting packets before the meeting. ADJOURNFMT With no further discussion, the meeting was adjourned at 7:35 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJ7UT= OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE..&L-_�DAY OF 1989. APPROVED: