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Home My WebLink About1990-06-04N The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session on Monday evening, June 4, 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 Patti Bass Raymond Truitt Chairman Vice-Chairman Secretary Member Member constituting a quorm, with lst Alternate, John Dorety absent. Also present was City Council Representative Gil Traverse and the following City Staff to wit: H. T. (Tony) Hardy Joy Carroll Greg Wheeler Marcy Ratcliff Adrienne Leonard Gerrie Anderson Director of Community Development Administrative Aide Assistant Building Official Planner Attorney, City Attorney's Office Administrative Secretary Newly appointed member, Randy Howell, attended the meting but will not be sworn in until the August 1990, meeting due to Statement of Appointed Officer forms that he and all other BZA members are required to sign and file with the Secretary of State before taking the oath. Chairman, Charles Giffin, called the meeting to order at 6:06 P.M. The first item of new business for the Board of Zoning Adjustment to consider was BZA 90-18, submitted by First American Savings Banc for a variance to Grapevine Zoning Ordinance 82-73, Section 14.1.1, "R-12.5"01 Single Family Zoning District regulations relative to maximum two-story, 35 foot height limit for a residential structure. The existing house is located at 3451 W.T. Parr Road, Lot 1, Block 1, of the Felix Addition. Greg Wheeler explained that the original owner renewed the permits on the house several times. Then New Custom Craft Homes bought the house and finished the bottom two stories and started framing a third story. The builder was told by the City that the third story was not allowed but went ahead and finished the third story without inspections. Mr. Wheeler explained that if the Board approves the variance, that there be stipulations stating that the room could not be used for a bedroom unless permits are taken out to install the required size windows. Also, Adrienne Leonard explained that a Declaration of Indemnity between the City of Grapevine and First American Savings Banc would be filed, upon the approval of the Board, holding the City of Grapevine harmless of any accidents happening from no inspections being made on the plumbing, electrical, mechanical and framing work. John Lynch, of 1903 Central, Suite #400, Bedford, Texas, and representative of American Savings Banc, took the Oath of Truth and explained that Mr. Margettis, with New Custom Craft Homes had defaulted on his loan and First American Savings Banc foreclosed on the loan and found out at that time about the third story. Mr. Lynch stated he had an Indemnity Agreement drafted for the City to review. After looking over the draft agreement, Adrienne Leonard explained that the Board could vote on the condition upon changes being made, and a signed agreement being submitted to the City. Greg Wheeler noted that the first and second floors could be finalized at any time and the agreement would only be for the third floor. and of Zoning Adjustment June 4, 1990 Page 2 Mr. Lynch, at this time, stated that the changes Adrienne Leonard made to the agreement were acceptable. Joy Carroll read a letter, submitted by Norm and Karen Florup, of 2970 Woodland Hills Drive, Grapevine, TX 76051, stating approval of the variance. With no one else to speak either for or against the variance, Becky Swann made a motion to close the Public Hearing. Gerald Thompson seconded th- r • prevailed • the following vote: Ayes: Giffin, Swann, Thompson, Bass, Truitt Nays: None Absent: Dorety Ayes: Giffin, Swann, Thompson, Bass Nays: Truitt Absent: Dorety 170. BRUCE AND S ROSENTIEL Staff feels two other possible sites could have been selected for the structure, thereby, meeting ordinance requirements. Joy Carroll read a letter from Jams R. Todd, Jr., 2341 Robin Court, Grapevine, Texas, stating he had no objection to the variance. Joy also explained that because of the uncertainty of the property line, she did advertise for a one foot setback to cover any mismeasurement on tht side and rear accessory building setback. There should be six feet on the north side but the survey is not correct in showing the property line. With no one else to speak either for or against the request, Gerald Thompson made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thonpson, Bass, Truitt Nays: None Absent: Dorety Greg Wheeler explained to the Board other alternative areas where the building could be moved in the rear yard. He further advised that the building could be moved toward the retaining wall, and build the door on the end of the building. This solution would meet all setbacks. Raymond Truitt then made a motion to deny the variance. The motion failed for lack of a second. Becky Swann made a motion that a special condition did exist, the special condition being the location of the retaining walls on the lot, the fact Board of Zoning Adjustment June 4, 1990 Page 3 that the property is already existing, and because of the proximity of the trees, there is no reasonable way to move the building. Further, Ms. Swann made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 42.0.3 relative to a six (6) foot setback. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Swann Nays: Truitt, Bass Absent: Dorety Chairman Giffin announced that the motion failed and asked for any further discussion. Tommy Hardy asked why Mr. Rosentiel could not move the building six feet forward. Mr. Rosentiel explained that if he moved the building forward he would not be able to use the doors because of trees located right in front of the building. Raymond Truitt then made a motion to deny the variance as requested. Becky Swann seconded the motion. Tam-y Hardy noted that a motion needed to be made concerning the side yard. He explained that the applicant bought the property in good faith. When the property was subdivided into lots, blocks, and streets, a plat was filed with the City that met all requirements, which was the legal document for the subdivision. The survey the applicant turned in is not correct. Raymond Truitt again made a motion to deny the variance as requested. The motion failed for lack of a second. Gerald Thompson then made a motion that special conditions did exist and the special conditions are that the building is located in a most unobtrusive place, the trees, which should not be cut down, block the building from being moved, and to satisfy a future variance. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Bass Nays: Truitt Absent: Dorety Gerald Thompson made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 42.0.3,1 Supplementary District Regulations to allow a one foot setback and five foot variance to the rear yard and to allow a six foot side yard for the property, Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Bass Nays: Truitt Absent: Dorety The last item of new business was for the Board of Zoning Adjustment to consider BZA90-20, submitted by Richard L. Smith who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1, Single Family Zoning District requirements for a thirty foot front yard setback. Mr. Smith is requesting a 12 foot variance to construct a carport in the front yard setback area for his property located at 1723 Anglers Plaza, Lot 40 Shorecrest Acres. Staff sees no special condition be-cause the applicant has adequate buildable area on his lot. Richard Smith, applicant, took the Oath of Truth, and explained he felt the front of his house would be the best location for the carport due to the location of the driveway and access to the front door. Mr. Smith explained that other locations on the lot would be hindrances, because of the water drainage through the lot that prompted the City to install a storm drain, and a support cable from the power pole that runs through the side vard. Mr. Smith did note that when the house was originally built, the front yard setback was 25 feet. and of Zoning Adjustment June 4, 1990 Page 4 TamTy Hardy explained that some houses in that neighborhood do have a 25 foot front yard because the lots are shallow; and variances were granted for those lots. With no one to speak either for or against the request, Raymnd Truitt made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thcopson, Bass, Truitt Nays: None Absent: Dorety Becky Swann made a motion that there was no special condition and to deny the variance as requested. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Thoapson, Bass, Truitt Nays: None Absent: Dorety -J � Next, the Board of Zoning Adjustment considered the minutes of the April 2, 1990, meeting. Becky Swann made a motion to accept the minutes as written of the April 2, 1990, meting. Raymond Truitt seconded the motion which prevailed by the following vote: Ayes- Giffin, Swarm, Thompson, Bass, Truitt Nays: None Absent: Dorety There was inquiry about the Safeway building. Tommy Hardy said there was a contract on the building but did not know any other information regarding the building. FATUMATKIMMIM-UT2,11 Gerald Thompson made a motion to adjourn the meeting. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Thompson, Bass, Truitt Nays: None Absent: Dorety The meeting was adjourned at 7:45 P.M. PASSED AND APPROVED BY THE BOARD • ZON G ADJUSTWNT • THE CITY OF GRAPEVINE, TEXAS, ON THIS THE _&L DAY • 1990. SW!a3rARY