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HomeMy WebLinkAbout1983-09-01AGENDA CITY OF GRAPEVINE, TEXAS REGULAR BOARD OF ZONING ADJUSTMENTS MEETING THURSDAY, SEPTEMBER 1, 1983 AT 6:00 P.M. CONFERENCE ROOM - 413 MAIN STREET rr�Es tow*] gar a III. PUBLIC HEARINGS A. Board of Zoning Adjustments to conduct a public hearing relative to BZA 83-05 submitted by Mr. James R. Scott and consideration of same. B. Board of Zoning Adjustments to conduct a public hearing relative to BZA 83-06 submitted by Mr. Thomas S. Wade and consideration of same. C. Board of Zoning Adjustments to conduct a public hearing relative to BZA 83-07 submitted by Wheel Estate Mobile Home Village and consideration of same. Meeting of July 7, 1983. VI. ADJOURNMENT ACCORDANCEIN ARTICLE AMENDED BY CHAPTER REGULAR SESSION,REGULAR BOARD MENTS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 25TH DAY OF AUGUST, 1983 AT 5:00 Cit Secretary The Board of Zoning Adjustments of the City of Grapevine, Texas, met in Regular Session on Thursday, September 1, 1983, at 6 P.M. in the Council Chambers of City Hall, 413 Main Street, with the following persons present, to wit: Gerald Thompson Glenn Lavers Doug Lamb Steve Hall Vice -Chairman Member Member Member constituting a quorum, with Chairman James Buckner absent, and the following City Staff: - Lexongua Building Official Secretary Vice -Chairman Gerald Thompson called the meeting to order, stating the procedures and purposes of the meting. Vice -Chairman Thompson advised that the he would administer the Oath of Truth before each individual case for those wishing to speak relative to that case rather than at this time. The first item for consideration by the Board was BZA 83-05 submitted by Mr. James R. Scott. The Oath of Truth was administered to Mrs. Jams R. Scott and Pete Piotek, Mr. Scott's business partner, each advising a wish to speak relative to the subject case. Those present were advised that on July 18, 1983, Mr. Jams R. Scott made an application to construct a single family residence to be located at 915 Riverside Drive, South, legally described as Lot 11, Block L, Woods Addition. The City of Grapevine Building Inspections Department, when reviewing the site plan, noted only a 12 foot backyard, rather than the required 25 feet; thus a building permit was denied. Mrs. Scott displayed the site plan and photographs of the subject area for the Board's review and advised that to build the home elsewhere on the lot would necessitate trees being cut, fill work and a large drainage pipe; thereby constituting a hardship and detracting from the beauty of the lot. Mrs. Scott further advised that she had been informed that the Baptist Church, owner of adjoining property, expressed approval of the variance as requested. The secretary reported receiving a letter from the Corp of Engineers expressing approval of the variance requested, and she further reported that all property owners within the area due notification, had been so notified. There were questions directed to Mr. Piotek and Mrs. Scott and a resultant brief discussion, but no one was present in opposition to the subject Case, subsequently, Steve Hall made a motion to approve the variance as requested, with a second being offered by Doug Lamb. The prevailing vote was as follows: Ayes: Thompson, Deavers, IBiTb and Hall Nays: None Absent: Buckner BZA Minutes 9-1-83 Page 2 The next item for consideration by the Board was Application BZA 83-06 submitted by Tom Wade. The Oath of Truth was issued to Mr. Tom Wade by Vice Chairman Thompson. It was noted that there was no one else present to speak relative to the subject case, and the secretary reported that no correspondence had been received. Lot 8, Block 5 of Placid Penninsula, located at 3316 Redbird Lane, having inadequate sideyard setback due to a survey error, Mr. Wade made application for a sideyard variance of the required 6 feet on July 29, 1983. He advised those present that the request was also made and denied one year ago, and since that time, ownership of the adjoining property whose previous owner, Rita Hill, had objected to Mr. Wade's property encroachment, had twice changed hands. Further, Mr. Wade advised that he had been in touch with all neighboring property owners but two, and those contacted had indicated agreement to the variance. Following a brief discussion, it was the general consensus of Board members that the owner of the adjoining property, formerly owned by Mrs. Rita Hill, was not yet in residence and should be consulted prior to a decision being rendered. Subsequently, Doug Lamb made a motion to table this application until the meeting of October 6, 1983. A second to the motion was offered by Glenn Deavers, and it prevailed by the following vote: Ayes: Thompson, Deaver, Lamb and Hall Nays: None Absent: Buckner The next item for consideration by the Board was BZA-83-07, submitted by Bruce and Shirley Schollmeyer, proprietors of Wheel Estates Mobile Home Village. The Oath of Truth was administered to the following who were to speak relative to the subject case: Bruce and Shirley Schollm- • e obert and Barbara Evans Madden Eric Newton Dave Spalding Note: Later, the Oath of Truth was also administered to: Mike Ray Dennis Wenp Tim Lancaster Those present were advised that this request for a variance to the required 10 foot rear yard was a result of a survey initiated by Mr. Eric Newton and subsequent discovery that there was an encroachment upon his property. Mr. Newton, then notified the ScholLne-yers that one mobile home was over the property line and several other mobile homes were not within the prescribed 10 foot setback. Mr. Hardy then advised the Schollmeyers that the alternatives were to move the non -complying mobile homes or obtain a variance. BZA Minutes 9-1-83 Page 3 Mr. ScholLneyer advised that the one mobile home which was determined to be encroaching on Mr. Newton's property had been moved; however, it would present a hardship for the others to be moved. As an alternative due to a usual turnover in mbile hom residents, and due to an average cost of $1,100 for moving and hookups, they requested additional time for moving the other two mobile homes. It was noted that technically, the survey was based on a straight line, and the actual property line is uneven, having many trees. In 1977, the fence was erected south of the property line to prevent cutting the trees. Owners of adjoining property, only having recently purchased the land from Larry Lightner, (David Spalding represented Mr. Lightner at the meeting) were of the consensus that they believed the property line to be the fence line; therefore, they were unaware at time of purchase that their purchase included about 5 more feet to the rear until Mr. Newton's survey was performed. C. L. Madden and Tim Lancaster also preferred that the mobile homes be in compliance with the setback requirement. Tommy Hardy advised that the mobile home park might possibly qualify as a non conforming use and may have been in existence before the area was annexed into the City limits. The secretary advised that a copy of the letter from Mr. Newton to the Schollneyers in opposition to the encroachment had been received from Mr. Eric Newton, also present to speak. Mrs. Robert (Barbara) Evans advised that since her husband is ill, an enforcement of the setback, for thein would be a physical and financial hardship. Mr. Dennis Werrp, owner of the mbile home occupying Lot 21, advised that the area behind the trailers is principally a gulley with an average 3 foot drop, and is practically useless land. Having heard the opinions of all those concerned, Chairman Thompson requested an attempt to reach a con -promise agreement whereby the ScholhTpyers would be allowed a reasonable time to con -ply with the setback requirement. The builders present were in consensus that this should be sixty (60) days, approximately; however, those representing the mobile home park asked for two (2) to three (3) years. After further discussion with Mr. Hardy, the board's general consensus was to seek further background information in order to render the fairest decision possible. Subsequently, Steve Hall made a notion to table the request until the meting of October 6, for the purpose of consulting the City Attorney and investigate the history of the mobile home park, to determine if it was annexed into the City as a non conforming use. The motion was duly seconded by Doug Lamb and prevailed by the following vote: Ayes: Thompson, Lamb, Deavers and Hall Nays: None Absent: Buckner The next item was for the Board to consider the minutes of the meeting of July 7, 1983. Member Doug Lamb waived the reading of the minutes and made a motion to accept them as published. Steve Hall seconded the motion which prevailed by the following vote: Ayes: Th son, Lamb,, Deavers, and Hall Nays: None Absent: Buckner %ZA Minutes 9-1-83 [--age 3 AD,7t',77:Z 77,17" At approximately 7:30 P.M. Member Deavers made a motion to adjourn the meeting, and a second was offered by Member Hall. The prevailing vote was as follows: Ayes: Thcnpson, Lamb, Deavers and Hall Nays: None Absent: Buckner PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE DAY OF-�S' li .�1', 1983. ATTEST: