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Home My WebLink About1990-03-05AGENDA CITY OF •A• BOARD OF ZONING ADJUSTMENT REGULAR PUBLIC HEARING MONDAY, MARCH 5, 1990, AT 6:00 P.M 307 WEST DALLAS ROAD, ROOM #205 GRAPEVINE, gl a II. OATH OF TRUTH III. OLD BUSINESS IV. NEW BUSINESS A. BOARD OF ZONING ADJUSTNENT TO CONDUCT A PUBLIC BEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE #BZA 90-02, : 1 r BY MERMITH • AND CONSIDERATION OF I SAME. B. :• +•r OF • ADJUSTMENT • CONDUCT • PUBLIC HEARING RELATIVE TO BOARD OF ! 1 ADJUSTM1 ASE #BZA 91 SAME. SUBMITTED BY WAYNE AND CAROLYN GARRETT, AND CONSIDERATION OF THE C. • RD OF O ADJUSTMENT s CONDUCT a PUBLIC BE-ARING REIATIVE TO :• +•i OF • ADJUSTMENT CASE a 90-04, SUBMI= BY BELMONT HOMES, AND CONSIDERATION OF THE SAME. D. :• / -r OF • r ADJUSTMN NT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE #BZA 90-05, SUBMITTED BY PULTE HOMES CORPORATION OF TEXAS, AND CONSIDERATION OF THE SAME. E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO :•'•r OF •' ADJUSTMWT CASE 90-06, SUBMI= BY DIANA ATKINSON, AND CONSIDERATION OF THE SAME. Ir. BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MI=S OF THE JANUAPY' • 1990, 1 l ' s i �. \Im 11. IN ACCORDANCE WITH ARTICLE y + AS AMENDED r! : CHAPTER 227, ACTS E 61ST LEGISLATURE, REGULAR SESSION, i - • +.•.r OF • . 1 ADJUSTV= REGULAR =ING AGENDA WAS PREPARED AND POSTED ON THIS THE DAY OF a. 991 AT 01 DIRECTOR OF CO ITY DEVELOPMENT The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session on Monday evening, March 5, 1990, at 6:00 P.M., in the Council Chambers, Room #205, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Charles Giffin, Becky Swann Gerald Thompson Raymond Truitt Patti Bass John Dorety Andrew Quinn Jr. Chairman Vice-Chairman Secretary Member Member 1st Alternate 2nd Alternate constituting a quorum. Also present was City Council Representative, Gil Traverse, and the following City Staff: Greg Wheeler Assistant Building Official Joy Carroll Administrative Aide Marcy Ratcliff Planner Adrienne Leonard Attorney, City Attorney's Office Gerrie Anderson Administrative Secretary [WAI%M The meeting was called to order by Chairman Charles Giffin at 6:10 P.M. . . Of The first item of new business was for the Board of Zoning Adjustment to consider BZA 90-02, submitted by the Meredith Corporation who is requesting a variance from Grapevine Zoning Ordinance 82-73, Section 15.G.1 which requires a 30 foot front yard setback, a variance of 1.1 foot is needed for the property located at 2804 Creekwood Drive, Lot 23, Block 1, Creekwood Estates. Greg Wheeler explained that for financial purposes, a survey revealed the 1.1 foot encroachment for which the financial institute is requesting the variance. Staff has historically recommended approval of encroachments for existing structures that are no way the fault of the applicant. Barbara Watson was present representing the Meredith Corporation. With no one to speak either for or against the request, Becky Swann made a motion to close the public hearing. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Truitt, Bass Nays: None Absent: None Becky Swann then made a motion that a special condition did exist, and the special condition being that the property is existing and is no fault of the current owner, and to grant a 1.1 foot encroachment to Grapevine Zoning Ordinance 82-73, Section 15.G.1. to allow a 28.9 foot setback for 2804 Creek-wood Drive. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Truitt, Bass Nays: None Absent: None w si;= JIK2 A", 02WTINN The next item of new business was for the Board of Zoning Adjustment to consider BZA 90-03, submitted by Wayne and Carolyn Garrett who has submitted an application requesting a variance to add a garage to their existing residence at 2741 Manchester Lane, Lot 9, Block 2, Canterbury Village. The variance would be to Grapevine Zoning Ordinance 82-73, Section 14.G.1, "R-12.5" Single Family Zoning, which requires a 35 foot front yard setback, allowing for a 6.5 foot encroachment. The house, built before Canterbury Village was annexed into the City of Grapevine, was built BOARD OF ZONING ADJUSTYIENT MARCH 5, 1990 Page 2 closest to the eastern property line which abuts Corp of Engineers property. Greg Wheeler explained that Staff feels there is adequate space for an alternate solution therefore, recommends denial. Wayne Garrett, applicant, took the Oath of Truth and explained that there was not adeauate room on the east side of their house and that the garage would face the street. Mr. Garrett noted that if his lot had been properly staked, there would be 22 feet on his east side. Dan Guest • 2751 Manchester, Grapevine, took the Oath • Truth and stated he had no objection to Mr. Garrett's variance. Mr. Guest explained how the developer had staked his lot 22 feet farther east to Mr. Garrett's property which Mr. Garrett used that stake to build his house by. Jesse L. Woods of 2746 Manchester, took the Oath of Truth and explained that he had no objection to Mr. Garrett's variance. Mr. Woods commented that he would rather see the garage 6.5 foot closer to the street than a front entry garage. John Taber of 907 Humingbird Tr., Grapevine, and contractor, took the Oath of Truth and explained about the construction of the addition. Carolyn Garrett, applicant, took the Oath of Truth and explained to the Board they had a pool in the backyard and there would be no roc to put a detached garage. With no one else to speak either for or against the request, Raymond Truitt made a motion to close the public hearing. Becky Swarm seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Truitt, Bass Nays: None Absent: None Adrienne Leonard explained whenever a house is built in ETJ, it is built by the subdivision ordinance and not the zoning ordinance. And when the property is annexed, the property is brought in as non-conforming until there are changes made to the property then conformance to the zoning ordinance is required. Ayes: Giffin, Swann, Thompson, Truitt, Bass Nays: None Absent: None The next item • new business was for the Board • Zoning Adjustment to consider BZA 90-04, submitted by Belmont Homes who is requesting a variance from Grapevine zoning ordinance 82-73, Section 1•.G.1 which requires a 25 foot front yard, to allow a 2 foot encroachment for an existing residence at 338 Banyan Drive, Lot 9, Block 2, Banyan Subdivision. Greg Wheeler stated that Staff did recorm-end approval for the variance since the house is already existing. With • representative for the applicant present and no one to speak either for or against the case, Becky Swann made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote. Ayes: Giffin, Swann, Thcopson, Truitt, Bass Nays: None Absent: None BOARD OF ZONING ADJUSTMENT MARCH 5, 1990 Page 3 Greg Wheeler camiented that the setback inspection had been made and was approved but did not no why there was an encroachment. Patti Bass made a motion that a special condition did exist and the special condition being that the house is already existing and the encroachment was no fault of the applicant and to grant a variance to Grapevine Zoning Ordinance 82-73, Section 16.G.1. allowing a 2 foot encroachment and provide for a 23 foot front yard setback. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Truitt, Bass Nays: None Absent: None BZA90-05, PULTE HOMES The next item of new business was for the Board of Zoning Adjustment to consider BZA 90-05, submitted by Pulte Homes Corporation of Texas who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 60.B.1.c. which requires development signs to be removed within 4 years or whenever 900 of an "R-7.5", Single-Family Subdivision is developed. Greg Wheeler explained that Pulte Homes is requesting their development sign, that was formerly located at 4701 Glenbrook, Drive in the Glade Crossing Subdivision, to be placed at 500 Blair Meadow Drive, Lot 9, Block 6, Glade Crossing 1A. Subsequently, BZA89-38, to allow the large sign to remain on Glenbrook, was denied on December 11, 1989. Pulte plans to build north of Hughes Road where recently the City Council approved "R-7.51' for property formerly zoned "PCD" and "R-TH". Pulte is proposing to move the sign from the Blair Meadow address to Hall-Johnson and Hughes Road when its extension is completed through Glade Crossing IV-A & B Subdivisions. Ken Kisner of 530 Blair Meadow, Grapevine, and representing Pulte, took the Oath of Truth. He explained that the previous variance was for Phases 1 and 2 which exceeds the 90% build out and did not include Phase 3 which 72 lots are still for sale. Mr. Kisner commented that when Glade Crossing Phase 4 is approved, he would like to move the sign to that location. With no one else to speak either for or against the case, Raymond Truitt made a motion to close the public hearing. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Truitt, Bass Nays: None Absent: None Greg Wheeler noted that the original sign permit was for Phases 1 A & B and 2 A & B, but their application indicated Phases 3 and 4 had been included in the variance. Becky Swann made a motion that no special condition exist and to deny the variance to Grapevine Zoning Ordinance 82-73, Section 60.B.1.c. Raymond Truitt seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Truitt, Bass Nays: None Absent: None BZA90-06, DIANA ATKINSON The last item of business for the Board of Zoning Adjustment to consider was BZA 90-06, submitted by Diana Atkinson who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 15.6.1. which requires a 30 foot front and side yard for reverse frontage lots. The request is to build a house described for Lot 41, Block 1, Forest Lake Subdivision or 1202 Knoll Crest Court. The buildable area is limited due to the lot being densely wooded and a steep slope towards the back. Also a U.S. Army Corps of Engineers Flowage Easement occupies the lot other than the corner of Knoll Crest and Trail Edge. Permission from the Corps will be necessary in order to build the proposed structure above the 572 foot flowage easement. Greg Wheeler stated that Staff recommended approval of the variance because of the limited buildable area and the shape of the lot. He also showed BOARD OF ZONING ADJUSTMENT MARCH 5, 1990 Page 4 slides of the lot, how the lot slopes off at the back and how densely the lot is wooded. The applicant, Diana Atkinson with ReMax Realtors, Grapevine, took the Oath • Truth. Ms. Atkinson explained there would be adequate space to build a 1600 square foot house at the southeast corner • the lot and have a side entry garage off Trail Edge. If the variance is approved, then approval from the Corp of Engineers would be required. Mark Meget of 1206 Woodmoor Ct., Grapevine, took the Oath of Truth, and expressed approval of the variance because the lot has been such an eyesore to the neighborhood. After further discussion, Patti Bass made a motion to close the public hearing. John Dorety seconded the motion which prevailed by the following vote: Ayes: Swann, Thompson, Truitt, Bass, Dorety Nays: None Abstain: Giffin Absent: None Joy Carroll read into the record, a letter from the U.S. Army Corps of Engineers. Ms. Joy Carroll Planning and Zoning The City of Grapevine P. • Box 729 Grapevine, TX 76051 Please make reference to the attached copy • a Notice of Public Hearing tated February 14, 1990, concerning Lot 41, Block 1 of the Forest Lake Subdivision. As shown on the map enclosed with the notice, the property in question is located below elevation 572 feet. Please note that the government has flowage easement interests over this land and will not allow a house to be built. In addition, any structure other than a house cannot be built without the expressed written permission of the U.S. Army Corps of Engineers. Please make sure that a building permit is not issued for this property. = Sincerely, Michael Ayers Reservoir Manager After further discussion, Raymond Truitt made a motion that a special condition did exist, the special condition being the irregular shape and topography of the lot and to grant the variance, contingent upon the approval from the Corps of Engineers stating the house will be built above the 572 foot elevation, to Grapevine Zoning Ordinance 82-73, Section 15.G.1, allowing an 8 foot variance on both the front and side property lines. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Swann, Thompson, Truitt, Bass, Dorety Nays: None Abstain: Giffin Absent: None MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE JANUARY 9, 1990, MEETING. BOARD OF ZONING ADJUSTMENr MARCH 5, 1990 Page 5 Becky Swann made a motion to accept the minutes with one correction. The "Monday" in the first paragraph should be changed to "Tuesday". Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Truitt, Bass Nays: None Absent: None MISCEIIANEOUS REPORTS AND/OR DISCUSSIGN Marcy Ratcliff announced that Don Frieden, formerly on the Board of Zoning Adjustment turned in his resignation from the Planning and Zoning Ccomission. Ms. Ratcliff explained that Don had accepted a job in Houston. An-rrNTTM7KAVqJM With no further discussion, the meting was adjourned at 7:30 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMNT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE '_DAY OF 1990. APPROVED: t UUMNIA xSECRETARY