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HomeMy WebLinkAbout1994-07-07AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING THURSDAY EVENING, JULY 7, 1994, AT 6:00 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS II. OATH OF OFFICE III. NEW BUSINESS A. :•A•r OF • ADJUSTMENT TO CONDUCT A PUBLI RELATIVEHEARING O BOARD OF ZONINGADJUSTMENT ■ • ROBERT • r , AN'w' CONSIDERATION OF s BOARD OF • ADJUSTMENT TO CONDUCT HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-22, SUBMITTED BY RONALD AND JOANNA ST. ANGELO, • i CONSIDERATION OF V. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE JUNE 6, 1994 MEETING. VI. MISCELLANEOUS REPORTS AND/OR DISCUSSION VII. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF COMMUNITY DEVELOPMENT AT (817) 481-0377. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq, ACTS OF THE 1993 TEXAS LEGISLATURE, THE REGULAR BOARD OF ZONING ADJUSTMENT REGULAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 1ST DAY OF JULY, 1994, AT 5:00 P.M. al..' r wer 1111 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Thursday evening, July 7, 1994, at 6:00 P.M. in the Police Training Room #104, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Charles Giffin Chairman Randy Howell Secretary Ery Meyer Member Chris Coy Member Jeff Wood 1 st Alternate Jill Davis 2nd Alternate with member Carl Hecht absent, constituting a quorum. Also present was City Council Representative, Gil Traverse, and the following City Staff: Marcy Ratcliff Planner Teresa Wallace Planning Secretary a-� Chairman, Charles Giffin, called the meeting to order at approximately 6:10 P.M. NEW BUSINESS The first item for the Board of Zoning Adjustment to consider was BZA94-21 submitted by Robert Seiter for Lot 9, Block A, Los Robles Estates, Section One and addressed as 2415 Los Robles. Marcy Ratcliff, City Planner, explained the applicant is requesting variances as follows: Section 13.13.5, R-20 Single Family Residential district and Section 42.C.3., Supplementary District Regulations which allows accessory structures to be located on the rear half of the lot, not less than forty five (45) feet from the front lot line. The thirty (30) foot variance request is to allow a proposed structure to be located on the front half of the lot as shown on the plot plan. If approved, it would allow a fifteen (15) foot front yard setback. 0 BZA Minutes 7/7/94 Section 13.G.1., R-20 Single Family Residential district which requires a forty (40) foot front yard setback. The variance request is to allow the existing house an eight (8) foot variance to encroach the forty (40) foot front yard setback as shown on the plot plan. If approved, it would allow a thirty two (32) foot front yard setback for the existing house. Section 13.G.3., R-20 Single Family Residential district which requires a fifteen foot side yard setback. The variance request is to allow a seven (7) foot encroachment into the required fifteen (15) foot east side yard setback as shown on the plot plan. If approved it would allow an eight (8) foot east side yard setback. Marcy Ratcliff explained that in the recent purchase of the property, it was found that the existing house encroached the building lines established by the current Zoning Ordinance for the front and side yard setback requirements. These encroachments were not the fault of the applicant. She also explained the applicants were requesting to add an accessory structure and could not meet the requirements of the zoning ordinance because of the unusual shape of the lot. Kathy Livengood, Realtor representing Mr. Robert Seiter, was sworn in to speak for the applicant. She explained the closing survey of the property showed the building line encroachments and the lender was requesting the encroachments be cured. She also stated the applicant was proposing to place an accessory structure on the property to store lawn tools and equipment. In an effort to preserve trees on the lot the applicants were proposing to put the structure in an existing clearing at the curve of the roadway which diminished the depth of the lot. Ery Meyer moved, with a second by Chris Coy, to close the public hearing, which prevailed by the following vote. Ayes: Giffin, Howell, Meyer, Coy, Wood Nays: None Absent: Hecht Chris Coy moved that a special condition did exist for the first variance request and that being the unusual shape of the lot and the large number of trees on the property prevented an accessory structure from being placed forty five (45) feet behind the front property line without loss of trees. Randy Howell seconded the motion which prevailed by the following vote: PA BZA Minutes 7/7/94 Ayes: Giffin, Howell, Meyer, Coy, Wood Nays: None Absent: Hecht Chris Coy moved to approve the thirty (30) foot variance request to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 13.B.5. and 42.C.3., to allow an accessory structure to be located fifteen (15) foot from the front property line for the property located 2415 Los Robles, Lot 9, Block A, Los Robles Estates, Section One. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Wood Nays: None Absent: Hecht Chris Coy moved there was a special condition for the second and third request and that being the building line encroachments of the principal structure to the front and eastern side yard setback requirements are not the fault of the applicant. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Wood Nays: None Absent: Hecht Chris Coy moved to approve the second and third variance requests to allow a eight (8) foot variance to the required forty (40) foot front yard setback to allow a thirty two (32) foot front yard setback for the existing house and a seven (7) foot variance to the required fifteen (15) foot east side yard setback to allow an eight (8) foot side yard setback for the existing house as shown on the plot plan. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Wood Nays: None Absent: Hecht BZA94-22 - RONALD & JOANNA ST. ANGELO Next for the Board of Adjustment to consider BZA94-22, submitted by Ronald & Joanna St. Angelo who are requesting a variance for property located at 3225 Red Bird Lane, legally described as Lot 6, Block 4, Placid Peninsula, Section A, Grapevine, Texas. 3 BZA Minutes 7/7/94 Marcy Ratcliff explained the St. Angelo's were requesting a variance to Section 15.1.1., R-7.5 Single Family District which requires the height of a house not exceed two (2) stories or thirty five (35) feet. The request is to allow the proposed house a one (1) story variance to the maximum height requirement of two stories, to allow the construction of a three (3) story house with a maximum height of thirty four (34) feet. The applicants are proposing to construct a three story house to limit the volume of lot space occupied by the structure to preserve approximately forty trees. They have expressed a desire to conserve the natural setting by not obstructing the view of Dove Pond by the neighbors. The height of the proposed three story structure is thirty four (34) feet. The applicants contend they will be not be infringing on the privacy rights of others, since the maximum height of the proposed structure is less than the thirty five (35) foot maximum height allowed for two story homes by the Zoning Ordinance. Marcy Ratcliff told the Board that Staff could not find a special condition for the request to allow a three (3) story house. The Zoning Ordinance was amended in 1984 to increase the maximum building height from twenty five (25) feet to thirty five (35) feet and maintain the limit of two (2) stories. The increase was intentional to allow the additional height to accommodate the architectural features and higher pitched roofs common to the dynamics of newer homes built in Grapevine. It was never intended to increase the number of stories. She further stated the Board of Zoning Adjustment does not have the ability to amend the Zoning Ordinance. Joanna St. Angelo, 3107 Timber Ridge Point, Grapevine, Texas, was sworn in to speak to the request. Mrs. St. Angelo passed pictures around the Board demonstrating the clearing in the center of the lot proposed as the site for the new home. She further stated they had the architect draw plan for a home to suit their needs with a longer, more narrow design to fit the lot without destroying a lot of trees. She told the Board there was no uniformity in the neighborhood and the neighbors supported their plans to save trees and green space around the home. Ronald St. Angelo, 3107 Timber Ridge Point, Grapevine, Texas, was sworn in to speak to the request. He explained the third floor of the house took up less than one- third (1/3rd) of the total square footage and was located at the rear of the house overlooking the pond rather than overlooking their neighbors on either side of the property. Because the lot is heavily wooded along the side lot perimeters they would not be infringing on the privacy of their neighbors. Bill Thatcher, 709 Dove Road, Grapevine, Texas, was sworn in to speak to the request. He said he was in favor of the request and there were other three story houses in the area. Some had attics completed and incorporated in the square footage of the house. 9 BZA Minutes 7/7/94 Board members requested Councilman Gil Traverse speak to the reason City Council had limited the number of stories on a single family residence to two (2) stories or a maximum height of thirty five (35) feet. His response was the City Council was trying to protect the privacy rights of surrounding neighbors. Chris Coy moved, with a second by Ery Meyer, to close the public hearing which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Wood Nays: None Absent: Hecht Board Members requested direction from Councilman Gil Traverse. He suggested the Board try to find a physical hardship for the request. He informed the Board it was a judgement call and the City Council could challenge them if they were in opposition. Thomas Gerron, Architect, 5409 Amherst Circle, Dallas, Texas was sworn in to describe the architectural renderings of the proposed structure. He told the Board he had attempted to minimize the visual impact of the proposed structure by designing the house to fit within the clearing to save as many trees as possible. With the present design there would be twenty four (24) foot side yard setbacks saving approximately seventeen (17) trees. It was determined after measuring the square footage that of the two thousand two hundred and ninety four (2,294) square feet, thirty six (36) percent is on the first level, thirty seven (37) percent is on the second level and the remaining twenty seven (27) percent is on the third level at the rear of the house. Chuck Giffin moved, with a second by Chris Coy, that a special condition did exist and that being the property is located in an area that was developed over forty years ago and meets the minimum lot size requirements; it backs up to a unique pond (Dove Pond) and is covered by approximately fifty trees creating a unique lot in the area; and the proposed structure is unique and custom designed to facilitate the needs of the community and is within the intent of the ordinance as much as possible. The house is very customized and meets the maximum height requirement required by the Zoning Ordinance; although the plans for the structure call for three levels, the house has twenty four foot side yards which soften the impact for privacy. The plans illustrate the living area on the first level is thirty six (36) percent, the second level is thirty seven (37) percent and the living area on the third level comprises only twenty seven (27) percent of the total living area of the house which is less than one-third (1/3rd). The privacy of the neighbors is enhanced and protected because the side yards are G BZA Minutes 7/7/94 twenty four feet instead of the typical six foot set back. Even though the structure has three levels, the living area of the second level is only sixty four (64) percent of the footprint, and the living area of the third level is forty six (46) percent of the footprint. The living area percentage represents a departure from the worse case scenario of a three story house which could be one hundred (100) percent on all three levels creating a very massive and obtrusive structure. The design helps preserve the view of the pond from Red Bird Lane and the adjoining property owners and the property owners across the street. The number of trees and the height of the trees are an effective obstruction to the upper portion of the house, effectively screening the upper portion of the house from the neighbors. The design and style of the house fits the nonconformity of the different types of structures that have been built in the area over a long period of time. In the event a two level home was built, it would impact the privacy of the neighbors and the amount of trees to be removed from the site, and would not necessarily enhance the solution to the property's development. The special conditions are specific to the plot plan as presented and also to the architectural drawings for the house. It is a very special house designed for this lot only and accommodates the ordinances and the unique property in a very special way. The motion prevailed by the following vote: Ayes: Giffin, Howell, Coy, Wood Nays: None Abstain: Meyer Absent: Hecht Chuck Giffin moved, with a second by Chris Coy, to approve the request to Section 15.1.1. to permit a three (3) story house with a maximum height of thirty four (34) feet for Lot 6, Block 4, Placid Peninsula, specifically addressed as 3225 Red Bird Lane, as shown on the plot plan and the architectural drawings submitted on July 7, 1994, Sheets Al thru A4 dated 12/20/93. The motion prevailed by the following vote: Ayes: Giffin, Howell, Coy, Wood Nays: None Abstain: Meyer Absent: Hecht [kVilli I I I g 4�11k' I Next for the Board of Adjustment to consider were the minutes of the June 6, 1994 meeting. A BZA Minutes 7/7/94 Chris Coy moved, with a second by Randy Howell, to approve the minutes of June 6, 1994. The vote prevailed as follows: Ayes: Giffin, Howell, Meyer, Coy, Wood Nays: None Absent: Hecht MISCELLANEOUS DISCUSSION Marcy Ratcliff, City Planner, reported that election of officers would be held on August 1, 1994. With no further discussion, Chris Coy made a motion to adjourn. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy Nays: None The meeting was adjourned at approximately 8:00 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING A[QJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE/-,�t DAY OF 1994. ATTEST: SEC ARY VA