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HomeMy WebLinkAbout2003-10-06AGENDA CITY OF :`•Ai OF •NING ADJUSTMENT WORKSHOP PLANNINGMONDAY EVENING, OCTOBER 6,2003, AT 5:15 P.M. ZONING•, • ;• SECOND• • !! SOUTH GRAPEVINE, TEXAS it • IV. NEW BUSINESS A. Briefing Session to be conducted by Matthew Boyle, City Attorney, regarding rules and procedures for the Board of Zoning Adjustment. • 1 ; • '- AD lil ACCORDANCE •CODE,! i - • ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARDOF • • • AGENDA WAS PREPARED AND POSTED ON THIS THE 26th DAY OF SEPTEMBER 2003, AT 10 tlI WILLIAM • . • STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, October 6, 2003, at 5:15 P.M. in the Planning and Zoning Conference Room, 2nd Floor, 200 South Main Street, Grapevine, Texas, for a Workshop with the following members present to wit: Carl Hecht Chairman Dennis Luers Vice -Chairman Ron Cook Secretary Kip Bruner Member Jim Kelso Member Richard Adams Alternate constituting a quorum with Alternate Debbie Holt absent. Also present were City Council Representative Roy Stewart, City Attorney, Matthew Boyle and the following City Staff: Scott Williams Building Official Ron Stambaugh Planner II Gerrie Bewley Development Services Assistant CALL TO ORDER Chairman Carl Hecht called the Board of Zoning Adjustment Workshop to order at approximately 5:15 P.M. •m Chairman Hecht held roll call and announced that all were present except for Alternate Debbie Holt. NEW BUSINESS Matthew Boyle, City Attorney, asked if the Board had any particular questions regarding the Rules and Procedures for the Board of Zoning Adjustment. Chairman Hecht asked Mr. Boyle to explain the role of the alternates and to talk about conflict of interest. Mr. Boyle explained that the Board of Zoning Adjustment was the second most powerful Board. He explained that is someone wanted to appeal the Board's decision, they would have to go before District Court. He explained that only five members should speak regarding a case. He explained that it was preferred that the alternate should sit in the audience and not at the podium to eliminate any confusion as to who was speaking about the case, if ever there should be a law suit. Mr. Cook asked that if a regular member had to sit out due to a conflict of interest, could the alternate vote. Mr. Boyle explained that if a member had to abstain due to a conflict of interest, it's preferable that the Chairman should leave the seat open and only have an alternate vote if there is not a quorum. Next Mr. Boyle described the two types of Conflict of Interest. He explained that Statutory Conflict of Interest required a two step process. He explained that the first step was to determine whether the member had a "substantial interest" in the case being considered. He explained that it should be determined if there was "substantial interest" in a business entity; "substantial interest" in real property; or "substantial interest" if the member was related by blood or marriage to the applicant. Mr. Boyle then explained that the second step was determining whether action on the matter would have a special economic effect on the business entity or on the value of the real property. Mr. Boyle explained that if a member abstains because of a conflict of interest, the Chairman should leave the chair open, although, technically an alternate could vote. He noted that for the appearance of the Board, if a member abstains, that member should not vote the entire meeting. Next, Mr. Boyle explained about Ethical Conflict of Interest and that if a member with a conflict of interest participated, it might not be against the law, but would be subject to scrutiny as it could have the perception of impropriety. He explained that as appointed and elected officials, it was vital to have the ability to abstain from participation in a matter if a vote on the matter would appear to involve a conflict of interest. Mr. Boyle then handed out a flow chart to Board members explaining the steps for findings of a variance. He explained that to grant a variance, a special condition must be determined. He explained that if there was not a special condition, then the variance must be denied. Mr. Boyle also explained the difference of a variance and special exception. ADJOURNMENT With no further discussion, Jim Kelso made a motion to adjourn. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso, Adams Nays: None Absent: Holt The Workshop was adjourned at 6:15 P.M. PASSED AND APPROVED BY THE BOARD OF ZONINP ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE— -3.�ot DAYOF WQt1,gwb4:t,,2003. .[.oma ;ow_ SECRETARY AGENDA CITY OF SESSIONBRIEFING BOARD •ZONING ADJUSTMENT PLANNINGMONDAY EVENING, OCTOBER 6,2003, AT 6:00 P. hi D ZONING CONFERENCE • • SECOND• • 11 SOUTH GRAPEVINE, A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the October 6, 2003, public hearing. .IN 0 T • • • • . 1 • ACCORDANCEIN ,S GOVERNMENT CODE,A- 11 -. ACTS a THE 1993 TEXASBOARD • • ADJUSTMENT • AGENDA WAS PREPARED AND POSTED ON THIS THE 26th DAY OF SEPTEMBER, 2003, i1 7*N1 LLIAMSOFFICIALIASSISTANT DIRECTOR i r•' STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, October 6, 2003, at 6:00 P.M. in the Planning and Zoning Conference Room, 2"d Floor, 200 South Main Street, Grapevine, Texas, for a Briefing Session with the following members present to wit: Carl Hecht Chairman Dennis Luers Vice -Chairman Ron Cook Secretary Kip Bruner Member Jim Kelso Member Richard Adams Alternate constituting a quorum with Alternate Debbie Holt absent. Also present were City Council Representative Roy Stewart, City Attorney, Matthew Boyle and the following City Staff: Scott Williams Building Official Ron Stombaugh Planner II Gerrie Bewley Development Services Assistant Chairman Carl Hecht called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:15 P.M. ROLL CALL Chairman Hecht held roll call and announced that all were present except for Alternate Debbie Holt. NEW BUSINESS BRIEFING SESSION Mr. Stombaugh briefed the Board of Zoning Adjustment regarding the item scheduled to be heard in the regular public hearing. With no further discussion, Ron Cook made a motion to adjourn. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso, Adams Nays: None Absent: Holt AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, OCTOBER 6, 2003, AT 6:15 P.M. - CITY HALL COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS CALL TO ORDER 11. ROLL CALL Ill. OLD BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA03-11 submitted by Ronnie Smith for property located at 308 Ruth Street, and consideration of same. IV. MINUTES Board of Zoning Adjustment to consider the minutes of the September 8, 2003, Briefing Session and Public Hearing. V. STAFF REPORTS Building Official to brief board on status of new construction projects. VI. 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 DEVELOPMENT SERVICES AT (817) 410-3158 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS /ILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq. ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARD OF ZONING ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 26th DAY OF SEPTEMBER, 2003, AT 5:00 P.M. SCOTT I LIAMS BUILDING. FFICIAL/ASSISTANT DIRECTOR OF DEVEL ENT SERVICES The Briefing Session was adjourned at 6:27 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 3Ad- DAY OF 1'vdemhge 2003. W— — - r&qm-tmff,",' 400-�-Ooto�e c SECRETARY STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session, Monday evening, October 6, 2003, at 6:15 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Carl Hecht Chairman Dennis Luers Vice -Chairman Ron Cook Secretary Kip Bruner Member Jim Kelso Member Richard Adams Alternate constituting a quorum with Alternate Debbie Holt absent. Also present were City Council Representative Roy Stewart, City Attorney Matthew Boyle and the following City Staff: Scott Williams Building Official Ron Stombaugh Planner II Gerrie Bewley Development Services Assistant CALL TO ORDER Chairman Carl Hecht called the public hearing to order at approximately 6:30 P.M. ROLL CALL Chairman Hecht held roll call and announced that Alternate Debbie Holt was absent. NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA03-11 RONNIE SMITH 308 RUTH STREET The first item was for the Board of Zoning Adjustment to consider BZA03-11, submitted by Ronnie Smith for property located at 308 Ruth Street, platted as Lot 1, Block 6, D. E. Box Addition. This case was tabled at the September 8, 2003 public hearing. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Board of Zoning Adjustment 10/06/2003 - Section 15.G.1 Area Regulations requires a minimum front yard depth of 30 -feet. The applicant requested a variance of 6 -feet to this requirement and if approved would allow a front yard setback to the north of 24 -feet for a move -in structure. Section 15.G.4 Area Regulations, requires the width of the lot for reverse frontage lots to be a minimum of 95 -feet in width. The applicant requested a variance of 25 -feet to this requirement and if approved would allow a lot width of 70 -feet for an existing reverse frontage lot. Mr. Stombaugh explained that Staff found that there were special conditions for both requested variances, specifically the lot was an existing platted lot which was platted in 1948 predating the City's first zoning ordinance adopted in 1955, and the subject property was surrounded by platted, developed residential property with no possibility for expansion. He explained that Staff's recommendation of approval was predicated on the applicant agreeing to place no fence/screening in the front yard setback area to the east along Ruth Street. Mr. Stombaugh explained that the applicant intended to move -in a residential structure to the site from another location that would be used as a single family residence. He further explained that the request was tabled at the September 8, 2003 meeting due to an increased variance needed for the lot width requirement for reverse frontage lots. He noted that a Move -In Building request for this site would be considered by the City Council at their October 7, 2003, meeting. Ronnie Smith, applicant, of 361 S. Whites Chapel Road, Southlake, Texas, took the Oath of Truth, and explained that he wished to move -in a brick house from Southlake, that was built in 1985. He explained that the latest tax records showed the house to be 1,685 square feet, but said that after he measured it, with roof overhangs and garage included, it was approximately 2,400 square feet. He explained that he intended to sell it in the Spring or if his aging parents moved back to Grapevine, they might consider living in the house. Mr. Cook asked the size of the house that had been demolished on the lot. Mr. Smith explained that the house the City requested to be demolished due to a bad foundation was approximately 900 to 1,000 square feet. Bill Powers, of 807 E. Worth Street, Grapevine, took the Oath of Truth and explained that he and his son lived on corner lots which met all setback requirements. He explained that the house would look out of place. He explained that he was in protest of the requests and felt the subject move -in house needed to meet all zoning requirements like the rest of the neighborhood. 2 Board of Zoning Adjustment 10/06/2003 Andrea Kline of 234 Ruth Street, Grapevine, took the Oath of Truth and explained that the lot was in terrible condition and was concerned that Mr. Smith would not keep it cleaned up. With no one else to speak regarding the case, Dennis Luers made a motion to close the public hearing. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso Nays: None Absent: Holt Chairman Hecht announced that 12 letters of protest and a petition signed by property owners within the area requesting protest of the variance had been received. After further discussion, Jim Kelso made a motion that a special condition existed for Section 15.G.4, specifically, the lot was an existing platted lot which was platted in 1948 predating the City's first zoning ordinance adopted in 1955, and the subject property was surrounded by platted, developed residential property with no possibility for expansion. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso Nays: None Absent: Holt Mr. Kelso then made a motion to approve the variance request to Section 15.G.4., allowing a lot width of 70 -feet for an existing reverse frontage lot. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso Nays: None Absent: Holt Jim Kelso made a motion that no special conditions existed for Section 15.G.1, Area Regulations, and requested that the variance be denied. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso Nays: None Absent: Holt Board of Zoning Adjustment 10/06/2003 MINUTES Next the Board of Zoning Adjustment considered the minutes of the September 8, 2003, Briefing Session and Public Hearing. Kip Bruner made a motion to approve the minutes of the September 8, 2003, Briefing Session. Ron Cook seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso, Adams Nays: None Absent: Holt Next, Ron Cook made a motion to approve the minutes of the September 8, 2003, Public Hearing. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso, Adams Nays: None Absent: Holt ADJOURNMENT With no further discussion, Kip Bruner made a motion to adjourn. Ron Cook seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso, Adams Nays: None Absent: Holt The meeting was adjourned at 6:50 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 3-1d, DAYOF)Jotlewhel- 2003. SECRETARY FTAI N N In