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Home My WebLink About1990-09-04AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT EMERGENCY AGENDA FOR THE REGULAR PUBLIC HEARING TUESDAY, SEPTEMBER 4, 1990 AT 6 PM COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS 76051 II- BOARD OF ZONTNG ADJUSTNHNT TO CONSIDER THIS EMERGENCY AGENDA FOR THIS MEETING OF THE BOARD OF ZONING ADjUSIMNT FOR SEPTEMBER 4, 1990. III. OATH OF TRUTH IV. ELECTION OF OFFICERS V. OLD BUSINESS Board of Zoning Adjustment to Conduct a Public Hearing Relative to Board of Zoning Adjustment Case BZA90-24 Submitted by Mr. Mitchell M. Mayes and Consideration of Same. VI. NEW BUSINESS A. Board of Zoning Adjustment to Conduct a Public Hearing Relative to Board of Zoning Adjustment Case BZA90-26 Submitted by Tandy Homes and Consideration of Sam. B. Board of Zoning Adjustment to Conduct a Public Hearing Relative to Board of Zoning Adjustment Case BZA90-27 Submitted by Marymark Homes and Consideration of Sam. VII. MINUTES Board of Zoning Adjustment to Consider the Public Hearing Minutes of the Meeting of July 2, 1990, and Consideration of Same VIII. MISCELLANEOUS DISCUSSION AND REPORTS IX. ADJOURNMENT THIS EMERGENCY AGENDA WAS PREPARED BECAUSE IMMEDIATE ACTION IS NECESSARY TO INSURE THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CITIZENS OF THE CITY OF GRAPEVINE, TEXAS. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION,. THE BOARD OF ZONING ADJUSTMENT REGULAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS T 4TH DAY OF SEPTEMBER, 1990, AT 10 PM. The Board of Zoning Adjustment for the City • Grapevine, Texas, met in regular session • Monday evening, September 4, 1990, at 6:00 P.M., in the Council Chambers, Room #205, 307 West Dallas Road, Grapevine, Texas, with the following nem•ers present to wit: Charles Giffi Gerald Thomps Patti Bass Raymond Truit John Dorety Andrew Quinn Randy Howell] constituting a quorum. Also present was Council Representative, Gil Traverse, and the following City Staff: H. T. {Tommy) Hardy, Joy Carroll Greg Wheeler Marcy Ratcliff Adrienne Leonard Gerrie Anderson IVOOM Director of Community Development Administrative Aide Assistant Building Official Planner Attorney, City Attorney's Office Administrative Secretary Chairman Charles Giffin, called the meting to order at 6:05 P.M. The first item of business was for the Board of Zoning Adjustment to consider the Emergency Agenda for this meeting of September 4, 1990. Member Gerald Thompson, seconded by Member Patti Bass, made a motion to declare an emergency to consider the agenda for September 4, 1990, to address an urgent public necessity, due to a reasonable unforeseeable situation and imminent threat to the public health and safety which requires immediate action by the Board of Zoning Adjustment. The vote prevailed as follows: Ayes: Giffin, Thompson, Bass, Truitt, Dorety Nays: None Absent: Howell Chairman Giffin suggested moving Agenda Item IV, Election of Officers, to the end of the meting. All members were in agreement. LO )MAN The item of old business for the Board of Zoning Adjustment to consider was BZA 90-24, submitted by Mitchell M. Mayes. This case was tabled at the August 6, 1990, meting in order for Mr. Mayes and Ms. Anne Rochelle, the neighbor directly behind Mr. Mayes, to attempt to reach a compromise agreeme-nt to alleviate • improve the cross-lot drainage situation between their lots. The variance is to Grapevine Zoning Ordinance 82-73, Section 43.E.3. for the Board of Zoning Adjustment to approve a Special Exception to allow the "remodeling ♦ enlargement • the nonconforming use when such would not tend to prolong the life • the nonconforming use...", for 206 West Peach Street, Lot • • the Ellis Subdivision. Mrs. Lucille Mayes, applicant, took the Oath of Truth and stated to the board that she had five letters from surrounding neighbors, stating approval of the variance. Also, Mrs. Mayes had a report from Enterprise Engineering stating that the drainage from their lot would not change the drainage of Ms. Rochelle's lot and would not increase the drainage. Ann Rochelle, of 205 Hall Street, Grapevine, took the Oath of Truth and explained to the Board that Mr. Mayes had contacted her two weeks ago about a dyke he built at the back of his lot. Ms. Rochelle said she does not feel the dyke, which is built out of wood, is long enough to steer the water away from her yard and does not feel it would be a permanent structure. and of Zoning Adjustment September 4, 1990 Page 2 Board of Zoning Adjustment September 4, 1990 Page 3 Ayes: Thompson, Bass Nays: Giffin, Dorety Absent: None Raymond Truitt noted he did not agree with the special condition relative to the City not catching the mistake at the time of plan review. He felt that was the applicant's responsibility to submit thorough plans. Mr. Truitt also felt the modification of the breezeway would impair the integrity of the structure. Gerald Thompson agreed with Raymond Truitt's point of view and amended his notion stating that the special conditions are that the structure is an existing condition and the modification would impair the aesthetics and the integrity of the structure. Gerald Thompson then made a motion to withdraw his first motion stating the City being responsible for reviewing the plans. Patti Bass seconded the amended notion and the withdrawal of Gerald Thompson's first motion, which prevailed by the following vote: Ayes: Thompson, Bass, Truitt Nays: Giffin, Dorety Absent: None Gerald Thompson made a motion to grant the variance to BZA 90-26, Section 43.C.3. to allow a six foot (6') variance for the breezeway. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Thompson, Bass, Truitt Nays: Giffin Dorety Absent: None Chairman Giffin announced that the variance was denied. The last item of new business for the Board of Zoning Adjustment to consider was BZA 90-27, submitted by Marymark Homes, who has asked for a one foot variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1, "R-7.5", Single Family Zoning District requirements, which requires a thirty foot front yard setback. The variance request is for an existing house located at 2124 Idlewood, Lot 27, Block 4, Winding Creek Estates, Section II. Greg Wheeler explained that in closing the house, the survey, required by United Title Company, revealed one point of the house encroaching four inches into the front yard setback and another point encroaching six inches; therefore, Staff advertised for a one foot variance to hopefully prevent any necessary future re-application. Mark Wiffin, of 515 Haydenbend Circle, Grapevine, and applicant, took the Oath of Truth. He explained that the stringline inspection passed, but feels the boards moved after a rain. Joy Carroll read a letter from Wright Construction stating approval of the variance. With no one else to speak either for or against the request, Gerald Thompson made a notion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Truitt, Dorety Nays: None Absent: None Patti Bass made a motion that special conditions did exist and the special conditions are that the house was already built and there was an error in laying out the forms for the foundation. John Dorety seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Truitt, Dorety Nays: None Absent: None Board of Zoning Adjustment September 4, 1990 Page 4 Patti Bass then made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1, allowing a one foot variance to the required 30 foot front yard setback, to allow a 29 foot front yard setback. John Dorety seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Truitt, Dorety Nays: None Absent: None Due to the City Council meting being held in Rom #205 at 7:00, Chairman Giffin made a motion to move the Board of Zoning Adjustment meeting across the hall • Room #204. Raymond Truitt made a motion to reopen the Board of Zoning Adjustment meeting • 7:05 p.m. in Room #204. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Thcmpson, Bass, Truitt, Dorety Nays: None Absent: None Next the Board of Zoning Adjustment considered the minutes of the July 2, 1990, meeting. Randy Howell noted that • Board of Zoning Adjustment Case #BZA90-21, he is shown as voting, but stated that he did not vote. With no further corrections, Raymond Truitt made a motion to accept the minutes as amended. John Dorety seconded the motion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Truitt, Dorety Nays: None Absent: None IMMXMM For the office of Chairman, Patti Bass made a motion to nominate Charles Gif fin. Gerald Thompson seconded the motion. Without any other nominations, the following vote prevailed: Ayes: Thompson, Bass, Nays: None Absent: None Abstain: Giffin John Dorety made a motion to nominate Raymond Truitt for the office of Vice-Chairman. Gerald Thompson seconded the motion. With no other nominations, the following vote prevailed: Ayes: Giffin, Thompson, Bass, Dorety, Quinn, Howell Nays: None Absent: None Abstain: Truitt For office • Secretary, John Dorety made a motion to re-nominate Gerald Thompson. Patti Bass seconded the motion. With no other ncn-Linations, th- • . vote prevailed: Ayes: Giffin, Bass, Truitt, Dorety, Quinn, Howell Nays: None Absent: None Abstain: Thompson Gerald Thompson was re-elected as Secretary. Board of Zoning Adjustment September 4, 1990 Page 5 with no further discussion, Patti Bass made a motion to adjourn the meeting® Raymond Truitt seconded the notion which prevailed by the following vote: Ayes: Giffin, Thompson, Bass, Truitt, Dorety Nays: None Absent: None The meeting was adjourned at 7-15 p.m. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTWNT OF TBE CITY OF GRAPEVINE, TEXAS, ON THIS THE DAY OF _Jj,�_2 1990. VIC CHAIRMAN ATTEST: -SECRETARY