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Home My WebLink About1990-08-06II. OATH OF OFFICE !+ ! • SAME. A. BOARD OF ZONING ADJUSTT1,MT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSrRAENT CASE BZA90-21, SUBMITTED BY MICHAEL R. HOLEHOUSE AND CONSIDERATION OF THE V. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA90-24, SUBMITTED BY MITCHELL M. MAYES AND CONSIDERATION OF THE SAME. j5. B'01,,M OF ZONING ADJ`USTNENT TO CONDUCT A PUBLIC HEARIW, RELATIVE TO BOARD OF ZONING ADJUST1,1ENT CASE BZA90-25, SUBMITTED BY BELMONT HOMES • CONSIDERATION • + 1 . BOARD OF ZONING ADJUSTMENT ! CONSIDER THE MINUTES OF 1990, MEETING. ACCORDANCE ARTICTE 6252-17, AMENDED BY CHAP ACTS OF THE 61ST LEGISLATURE, REGUIAR SESSION, THE BOARD OF ZONING ADJUSTMENT REGULAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 3RD DAY OF AUGUST, 1990, AT 5:00 P.M. ell City Attorney's Office to Review the Duties and Functions of the Board of Zoning Adjustment 111111111 1311.11 11111 1111 IN ACCORDANCE WITH ARTICLE 6252-17, AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE BOARD OF ZONING ADJUSTVIENT REGULAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 3RD DAY OF AUGUST, 1990, AT 5: 00 P.M. _AIN B I. The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session on Monday evening, August 6, 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 Gerald Thompson Patti Bass John Dorety Andrew Quinn Randy Howell Chairman Secretary Member Member 1st Alternate 2nd Alternate constituting a quorum, with Member Raymond Truitt absent. Also present was City Council Representative, Gil Traverse and the following City Staff: H. T. {Tarry) Hardy Director of Community Development Joy Carroll Administrative Aide Marcy Ratcliff Planner Roger Beecham Attorney, City Attorney's Office Gerrie Anderson Administrative Secretary WIN M M a•0 21.1-4 Chairman, Charles Giffin, called the meeting to order at 6:07 p.m. Joy Carroll announced that Mr. Roger Beecham would be attending the meting, representing the City Attorney's Office. 107WAV 9 V* We) Gerrie Anderson administered the Oath of Office to Members Chuck Giffin, Gerald Thompson, Patti Bass, John Dorety, Andrew Quinn, and Randy Howell. The item of old business for the Board of Zoning Adjustment to consider was BZA 90-21, submitted by Michael R. Holehouse. This case was tabled at the July 2, 1990, public hearing because Staff had advertised for a three foot side yard setback, when actually Mr. Holehouse had intended for a six foot variance to the side yard. Mr. Holehouse is requesting a variance for his property located at 1404 Briarcrest Drive, Lot 23, Block 10, Dove Crossing. The variance is to Grapevine Zoning Ordinance 82-73, Section 42.G.3, Supplementary District Regulations, relative to a six foot side and rear yard setback requirement for accessory structures. Mir. Holehouse of 1404 Briarcrest, Grapevine, took the Oath of Truth. He explained about the drainage problem in Dove Crossing Development and how he has dug a series of drains in his back yard to channel the water away from his house. Mr. Holehouse explained that in order to use his back yard he built a deck over the area where he had dug the drains and is requesting to construct a shade cover over the deck. He noted the cover would be open with slats. With no one else to speak either for or against the case, Gerald Thompson made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Dorety, Quinn Nays: None Absent: Truitt Joy Carroll read three letters expressing approval of the request that were not included in the Board member's packets. Patti Bass then made a motion that a special condition did exist and the special condition was the unusual drainage onto the property. Gerald Thompson seconded the motion which prevailed by the following vote: Board of Zoning Adjustment August 6, 1990 Page 2 Ayes: Giffin, Thompson, Bass, Dorety, Quinn Nays: None Absent: Truitt Patti Bass made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 42.G.3, Supplemental District Regulations, to allow a three foot W) rear yard variance and a six foot W) side yard variance. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Dorety, Quinn Nays: None Absent: Truitt 411agn Lucille Mayes of 206 Peach Street and applicant, took the Oath of Truth. Ms. Mayes explained that they needed the additional garage in order to get their cars off the street. She explained there was not enough room in their existing driveway, from the street to their residence, to park cars. Joy Carroll showed the Board slides of the Mayes' property. Mitchell Mayes, of 206 Peach Street, and applicant, took the Oath of Truth and explained how the water drains down the hill through the neighbor's property from the west. With no one else to speak either for or against the case, Gerald Thompson made a motion to close the public hearing. John Dorety seconded the motion which prevailed • the following vote: Ayes: Giffin, Thompson, Bass, Dorety, Quinn NaVs: None Absent: Truitt Gerald Thompson explained that a curb might need to be installed to divert the water away from Ms. Rochelle's yard. Tomy Hardy stated that Staff was not aware of the drainage problem until the last few days and feels the Board should table the case so the applicant can workout a drainage solution. The applicants stated that they would be willing to have the case tabled. Board of Zoning Adjustment August 6, 1990 Page 3 The last item of new business for the Board of Zoning Adjustment to consider was BZA 90-25, submitted by Belmont Homes who is requesting a variance from Grapevine Zoning Ordinance 82-73, Section 16.6.3 which requires a 25 foot rear yard setback. The request is for a 23 foot rear yard to allow a two foot encroachment of the existing residence located at 325 Banyan Drive, Lot 7R, Block 3, Banyan Place Subdivision. Joy Carroll explained that the house was also built over a property line; and according to Bob Price, Capital Projects Engineer for the City of Grapevine, a variance is necessary to replat for the purpose of correcting the property line. John Volkman, applicant, of Rt. 6, Box 71, Burleson, took the Oath of Truth and explained that the problem was created by the concrete contractor because of having to work with two sets of property pins. One set of pins was set when the property was previously zoned "TH", Townhouse. Then the property was rezoned to "R-5.0", Zero Lot Line, and replatted, and new pins set. Mr. Volkman noted that the lot lines will be moved just enough so both lots 5 and 6 will met requirements. Jim Harness, of 304 Banyan Drive, Grapevine, took the Oath of Truth and asked if this variance will effect the value of the homes in the area. Chairman Giffin stated the variance would not have any effect on the value of the property. With no one else to speak either for or against the request, John Dorety made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Dorety, Quinn Nays: None Absent: Truitt After further discussion, Andrew Quinn made a motion that a special condition did exist; and the special conditions are, the house is existing and is built over the property line, and the encroachment is due to a mistake being made by the surveyor. Gerald Thompson seconded the notion which prevailed by the following vote: Ayes: Giffin, ThaTpson, Bass, Dorety, Quinn Nays: None Absent: Truitt Andrew Quinn then made a motion to grant a variance to Grapevine Zoning Ordinance 82-73, Section 16.6.3, to allow a two foot encroachment to the rear yard building line. John Dorety seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Dorety, Quinn Nays: None Absent: Truitt 16NIQUIlty Next the Board of Zoning Adjustment considered the minutes of the June 4, 1990, meeting. Patti Bass made a motion to approve the minutes of the June 4, 1990, meting as written. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Dorety, Quinn Nays: None Absent: Truitt Chairman Giffin asked for a motion for the Board to adjourn to the Conference Room #204 for a workshop with Roger Beecham, representing the City Attorney's office. Board of Zoning Adjustment August 6, 1990 Page 4 The public hearing was adjourned at 7:00 p.rM Chairman Giffin reconvened the workshop meeting, between the Board members and the representative from the City Attorney's office, at 7:04 p.m., in Roan #204. I Chairman Secretary Member Member lit Alternate Member Raymond Truitt was absent. Also present was Gil Traverse, Council Representative to the Board of Zoning Adjustment, and the following City Staff: H. T. (TamV) Hardy Director of Community Development Joy Carroll Administrative Aide Marcy Ratcliff Planner Roger Beecham Attorney, City Attorney's Office Gerrie Anderson Administrative Secretary Mr. Beecham explained to the and that he would be going over the Attorney's Rules of Procedure for the Board of Zoning Adjustment. Mr. Beecham started out with a four (4) step process for the Board members to follow: 1. Does a special condition exist? so, what is the special condition? 3. Find that the special condition could create unnecessary hardships. 4. Make the necessary variance needed • the hardship the Board finds. Mr. Beecham stated that cost was not considered a hardship. The Board has to find a tangible hardship. Tommy Hardy noted that there were problems when economics were involved and having to tear down a structure. He also suggested that when the Board is having a hard time finding a hardship, then they need to reconsider the variance. He also expressed to the Board that the format for the meeting is critical in case the attorneys have to defend the City in a court case. Randy Howell asked about the applicant contacting nen-Lbers of the Board. Tammy Hardy explained that appointments can be set up to meet or talk to the applicant and to look at the property. Also Mr. Beecham stated that according to the Open Meeting Act, no more than three members of the Board can meet before the public hearing to look at property concerning a particular case. Once the public hearing is called to order Board members are not to discuss the cases. After there was further discussion, Patti Bass made a motion to adjourn the meting. Gerald Thcmpson seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Dorety, Quinn Nays: None Absent: Truitt The meeting was adjourned at 8:55 p.m. Board of Zoning Adjustment August 6, 1990 Page 5 PASSED AND APPPDVED BY TBE BOARD • ZO` a JTJSTMI • TBE CITY OF GRAPEVINE, TEXAS, ON TUIS THE _j DAY OF 1990. 2 -SECRETARY