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HomeMy WebLinkAbout1989-09-05AGENDA OF .,. REGULAR BOARD OF •' ADJUSTMENT Ill TUESDAY, • lI 1. 989 AT • {{ P.M. 307 WEST DALIAS ROAD, ROOM { GRAPEVINE, TEXAS ♦ . ♦ ' J{4v1 C A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA89-31, SUBMITTED BY MR. JERRY L. STARR AND CONSIDERATION OF TEE SAME. B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA89-32, SUBMITTED BY MR. DONALD A. FLORENCE, SR. AND CONSIDERATION OF THE + j . BOARD OF • ADJUSTMENT ill ♦ CONDUCT • PUBLIC HEARING SAME. RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA89-33, SUBMITTED I • l •I i ! • ! -+ s • I F'.*ARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE JULY 10-,- . ;. ACCORDANCE IN ARTICLE AS t ! ! BY CHAPTER ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR BOARD OF ZONING ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON { DAY OF SEPTEMBER, . i • AT 5:00 P.M. lop 10- L"YWAILIJORCIVA The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session Tuesday, September 5, 1989, at 6:00 P.M. at 307 West Dallas Road, Room #204, Grapevine, Texas, with the following members present to wit: Charles Giffin Becky Swann Don Frieden Patti Bass Chairman Vice-Chairman Secretary 2nd Alternate constituting a quorum with Members Gerald Thompson and Don Bigbie, and lst Alternate Raymond Truitt absent. Also present were the following City Staff to wit: Joy Carroll Administrative Aide Adrienne Leonard Attorney, City Attorney's Office Marcy Ratcliff Planner Greg Wheeler Assistant Building Official Gerrie Taylor Administrative Secretary Chairman, Charles Giffin, called the meeting to order at 6:05 P.M. NEW BUSINESS The first item of new business was for the Board of Zoning Adjustment to consider BZA 89-31, submitted by Mr. Jerry L. Starr, who is requesting variances from Grapevine Zoning Ordinance 82-73, Section 15.G.1 which requires a minimum 30 foot front yard building setback for the "R-7.5", Single Family Residential Zoning District, and to Section 15.G.5 which requires a minimum 100 foot lot depth. The lot is only 80 feet deep. The existing house, located at 505 Dunn Street, Lot 11-A-R, Shorecrest Acres, encroaches by 11.8 feet and the proposed carport will encroach 17.7 feet, if the variance is approved. Mr. Jerry Starr, applicant, took the Oath of Truth. Mr. Starr explained if he builds a carport even with the existing house, it would not cover his cars. He noted the carport would be 24 feet from the road. With no one else to speak either for or against the request, Becky Swann made a motion to close the public hearing. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt Becky Swann asked why Mr. Starr could not move his fence back, then the carport could be built without a variance. Mr. Starr explained the fence was already built, to move the fence would not be economically feasible, and that they intend to build a garage in the future and the carport will only be temporary. After further discussion, Becky Swann made a motion that a special condition did exist. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt Becky Swann then made a motion to grant approval to Grapevine Zoning Ordinance 82-73, Section 15.G.1 requiring a 30 foot setback, allowing a variance of 11.8 feet; to deny the proposed variance for the 17.7 foot encroachment for the carport; and approval to Section 15.G.5 for a 20 foot variance to the 100 foot lot depth. Don Frieden seconded the motion which prevailed by the following vote: BOARD OF ZONING ADJUSTMENT SEPTEMBER 5, 1989 PAGE 2 Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt Mr. Donald Florence, applicant, took the Oath of Truth, and explained in order to replat his two lots, he would need the variances requested. Mr. Florence noted when the lots are replatted, there will be a 25 foot rear yard and only the garage on the side yard will encroach. 111111 1111151 111111911111 1 kw%'l IMT 0 k r—.T,17=- 2751 Warwick Way Grapevine, Texas 76051 August 31, 1989 Planning and Zoning Department The City • Grapevine P. 0. Box 729 Grapevine, Texas 76051 Re: Application Number BZA 89-32 Gentlemen/Ladies: I agree with Mr. Florence to enlarge the lot where his hcme sits. It would serve no useful purpose to anyone or the City to reject his request. This house has been in existence many years prior to Mr. Florence's ownership, and as a resident of the neighborhood, I am quite comfortable with the home as it is presently located. Yours truly, Jack W. Boley 2732 Newcastle Dr. Grapevine, TX 76051 August 31, 1989 Ms. Joy Carroll Planning and Zoning Department of Commmity Development P. 0. Box 729 Grapevine, TX 76051 Re: Application #BZA89-32 Donald A. Florence Since I will be unable to attend the public hearing on the subject application, I would like to state that I have no objection to Mr. Florence's proposal. With no one else to speak either for or against the request, Don Frieden made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: BOARD OF ZONING ADJTJSU�J! SEPTEMBER 5, 1989 PAGE 3 Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt Becky Swann made a motion that a special condition did exist. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt Becky Swann then made a motion that the special condition being the original plat did not provide an adequate number of feet for reverse frontage and that the house is already existing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt A motion was made by Becky Swann to grant the variance to Grapevine Zoning Ordinance 82-73, Section 42.D for a variance of 10.2 feet to allow the existing 24.8 foot setback. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt The last item of new business for the Board of Zoning Adjustment to consider was BZA 89-33, submitted by Mr. john M. Stevenson, who is requesting a special exception to utilize his present business facility located at 916 and 920 South Main Street which does not conform to the existing Professional Office (PO) district requirements imposed by the 1984 City rezoning. Joy Carroll explained to the Board that according to Ordinance 80-57, the site plan zone was approved for all "C-2" uses as long as the site plan is adhered too which shows the house with an improved parking lot. if Mr. Stevenson improves the parking, the "C-2" uses listed would be allowed. Ms. Carroll explained the special condition allows the BZA to approve a change from one non-conforming use to another and the Board has the ability, according to Section 43.E.2., to consider the following uses to allow to exist on the property. Ms. Carroll also stressed that the BZA cannot approve the list of uses if there is any expansion or if there is any more parking required for a certain use. Mr. Stevenson, applicant and property owner, took the Oath of Truth and explained to the Board how in 1984, his property was rezoned to "Po", Professional Office, whose uses are not appropriate for the existing building at the present time. Mr. Stevenson noted he had not been able to rent the property in 20 months because of trying to conform to the "PO" zoning regulations. After further discussion, Becky Swann made a motion to close the public hearing. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt There was questions concerning the abandoned street in front of Mr. Stevenson's property. Mr. Stevenson explained when the City abandoned the old Main Street in front of his property, he received 20 feet or half of the street and the other half went to the State Highway Department. Mr. Stevenson also noted that Public Works would let him have an entrance from Main Street in BCA PD • ZONING ADJUSTMENT SEPTEMBER 5, 1989 PAGE 4 exchange of running some water or drainage lines at Dallas Road and the abandoned street. Greg Wheeler stressed that improvements can be made as long as the structure does not change as far as size. After further discussion, Becky Swann made a motion that a special condition does exist. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt Becky Swann made a motion that the special condition is the property is unique and is not helping the City by sitting vacant, the building has been existing, and it is a non-conforming use. Don Frieden seconded the motion which prevailed • the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt r-ecky Swann then made a motion to approve the special exception to Grapevine Zoning ordinance 82-73, "PO", Professional Office regulations to •trmit non-conforming "C-1" uses as listed below, that is being requested • the applicant. Don Frieden seconded the motion. Permitted "C-1" Uses banks, offices, studios, postal stations pick-up stations for pressing, cleaning and laundry retail stores, such as grocery, drug, appliance, variety, bakery sales, show repair, flowers, apparel, barber shop, toy shop, beauty parlor and other shops for custom work or the making of articles to be sold at retail on the premise within the building antique shop, art gallery, books or stationery store candy, cigars and tobacco, retail sales only hardware, sporting goods, paints and wallpaper professional offices for architects, attorneys, engineers, planners and real estate dealers washateria equipped with fully automatic washing and drying machines Before a vote was taken Charles Giffin asked if this exception is good until the building is enlarged or demolished. Adrienne Leonard explained that if Mr. Stevenson enlarges the building or if another business, that is not on the list, or a restaurant requiring more parking occupies the building, then he would have to come back before the Board. But as long as it does not require additional parking, the "C-1" uses as listed may be utilized. Chairman, Charles Giffin then asked for a vote from the Board. Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt A motion was made by Becky Swann to accept the minutes of the July 10, 1989 meting, as written. Don Frieden seconded the motion which prevailed by the following vote: BOARD OF ZONING ADJUSTMENT SEPTEMBER 5, 1989 PAGE 5 Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt 101val-20 Joy Carroll told the Board they should be receiving a packet in the mail concerning a Planning and Zoning workshop that will be held the following Tuesday, September 12, 1989. The workshop will address future zoning ordinance amendments. Charles Giffin asked if Staff enforces that plants be replaced if they die. Marcy Ratcliff explained that plants or trees do have to be replaced if they are dead, but time is given to ensure the plants or trees are truly dead. vivb %Talffiffi ykl IT, -15 Timi With no further discussion, Patti Bass made a motion to adjourn the meeting. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Bass Nays: None Absent: Thompson, Bigbie, Truitt The meeting was adjourned at 7:10 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMU OF THE CITY OF 0-RAPEVINE, TEXAS, ON THIS THE 6TH DAY OF NOVEMBER -, 1989. ATTEST: St=ARY��) APPROVED: