Loading...
HomeMy WebLinkAbout2003-04-07AGENDA CITY OF SESSIONBRIEFING BOARD OF • ADJUSTMENT MONDAY APRIL 7,2003,6:00 P . ]h SECOND FLOOR — CITY HALL 11 SOUTH GRAPEVINE, TEXAS I A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the April 7, 2003, public hearing. • .- • • •; •.A I• i , 0 PYAT 1010 k',2 • i • • , • i 1 . I, •ii WILMA S NG OFFICIAL/ASSISTANT DIRECTOR OPMENT SERVICES STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, April 7, 2003, at 6:00 P.M. in the Planning and Zoning Conference Room, 2nd Floor, 200 South Main Street, Grapevine, Texas, for a Briefing Session with the following members present to wit: Carl Hecht Chairman Ron Cook Secretary Jim Kelso Member Debbie Holt Alternate constituting a quorum with Vice -Chairman, Dennis Luers, Member Kip Bruner and Alternate, Carl Tomerlin absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Ron Stombaugh Planner II Gerrie Bewley Development Services Assistant 0 -9 - Chairman Carl Hecht called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:00 P.M. ROLL CALL Chairman Hecht announced that all members were present except for Vice -Chairman Dennis Luers, Member, Kip Bruner and Alternate, Carl Tomerlin. NEW BUSINESS BRIEFING SESSION Mr. Stombaugh briefed the Board of Zoning Adjustment regarding the items 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, Cook, Kelso, Holt Nays: None Absent: Luers, Bruner, Tomerlin The Briefing Session was adjourned at 6:25 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE �-M DAY OF 2003. APPROVED: CHAIRMAN .-CRETARY AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, APRIL 7, 2003, AT 6:15 P.M. CITY HALL COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 1. CALL TO ORDER I1. ROLL CALL Ill. NEW BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA03-02 submitted by Rickey L. McPherson for property located at 2932 W Dove Rd, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA03-03 submitted by Donald and Karen Taake for property located at 1403 Clearwater Ct, and consideration of same. C. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA03-04 submitted by Kerry Cook for property located at 1050 W Glade Rd, and consideration of same. �IlllTll11IR11 � Board of Zoning Adjustment to consider the minutes of the February 3, 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 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 BOARD OF ZONING ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28TH DAY OF MARCH, 2003, AT %00 P.M. r WILLIAMS ING OFFICIALIASSiSTANT DIRECTOR OF .OPMENT SERVICES 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, April 7, 2003, at 6:15 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Carl Hecht Chairman Ron Cook Secretary Jim Kelso Member Debbie Holt Alternate constituting a quorum with Vice Chairman Dennis Luers, Member Kip Bruner and Alternate Carl Tomerlin absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Ron Stombaugh Planner II Gerrie Bewley Development Services Assistant Chairman Carl Hecht called the public hearing to order at approximately 6:29 P.M. ROLL CALL Chairman Hecht held roll call and announced that Vice Chairman Dennis Luers, Member Kip Bruner and Alternate Carl Tomerlin were absent. NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA03-02, 2932 W. DOVE ROAD RICKEY L. MCPHERSON The first item was for the Board of Zoning Adjustment to consider BZA03-02, submitted by Rickey L. McPherson, for property located at 2932 W. Dove Road, platted as proposed Lots 1-15, Johnson Meadows, City Of Grapevine. The following requests were from Grapevine Comprehensive Zoning Ordinance 82- 73: Section 15.G.1 "R-7.5" Single Family District, Area Regulations requires a front yard depth of 30 -feet. Board of Zoning Adjustment 04/07/2003 The applicant requested a variance of 5 -feet to this requirement for Lots 4-14 and if approved .by the Board would allow a front yard setback of 25 -feet for Lots 4 - 14. Section 15.G.2 "R-7.5" Single Family District, Area Regulations requires a rear yard depth of 25 -feet. The applicant requested a variance of 5 -feet to this requirement for Lots 4-8 and Lots 11-14 and if approved by the Board would allow a rear yard setback of 20 - feet for Lots 4-8 and Lots 11-14. Section 15.G.5 "R-7.5" Single Family District, Area Regulations requires a lot depth of 100 -feet. The applicant requested a variance between 11 -feet to 30 -feet for Lots 4-8 and Lots 11-14 and if approved by the Board would allow a lot depth between 70 -feet to 89 -feet for Lots 4-8 and Lots 11-14, as shown on the final plat. Mr. Stombaugh explained that Staff found that there were special conditions for all requested variances. He explained that the subject site was a unique 5.14 - acre parcel surrounded by existing single family residences; a cul-de-sac right-of- way was necessary to provide access to the proposed lots; and the street which was 40 -feet in width combined with the narrowness of the parcel created the necessity for the requested variances. Mr. Stombaugh explained that a preliminary plat was approved by Council at their March 18, 2003 meeting, and pending action by the Board, the final plat would be considered by Council at their April 15, 2003 meeting. Ed Kelley with Halff and Associates, 4000 Fossil Creek, Fort Worth, took the Oath of Truth and explained that he was the engineer for the applicant. Mr. Kelley explained the reasons for the variances. Robert Shear of 1843 Camelot Drive, Grapevine, took the Oath of Truth and explained that he lived behind the property and was concerned about the proposed lots being smaller than the lots in Canterbury Village. He explained that he was concerned about their property value. Mr. Shear also proposed the idea of removing four or five lots in order that some of the lots would be wider and more space between the houses. Ms. Holt noted that the lots did meet and exceed the required square footage. Wayne Dunn of 1833 Camelot Drive, Grapevine, Texas, took the Oath of Truth and explained that he bought the residence in 1969 for the open and country atmosphere, quality of homes and good school district. Mr. Dunn felt that there were other options on platting the property. Mr. Dunn also felt that the applicant 2 Board of Zoning Adjustment 04/07/2003 was trying to put too many houses on the property. Les Singleton of 3020 Alice Court, Grapevine, took the Oath of Truth, and asked how the development would impact the value of his home and asked about the size of home that would be built. Chairman Hecht stated that Mr. Singleton's question was not relevant to the Board of Zoning Adjustment. Rick McPherson of 1900 Dove Road, Southlake, Texas, took the Oath of Truth and explained that he was the owner of the property . He explained that the houses would be built equal to or better then the houses in the Harwell Addition. He explained that he was not proposing to do anything that would negatively impact Canterbury Village. He explained that the lots met the 7,500 square foot lot minimum. Lucille Dunn of 1833 Camelot Drive, took the Oath of Truth and spoke in opposition of the request. Gilbert Placencia of 2938 Dove Road, Grapevine, took the Oath of Truth and expressed that he wanted to see the property developed. He explained that if the property were developed then property owners in the Canterbury Village Addition would stop throwing their grass clippings and trash over the fence onto the property. Bart Rath of 1943 Camelot Drive, Grapevine, took the Oath of Truth and explained that if two-story houses were built, he would not have any privacy in his back yard. Chairman Hecht explained that his concern was not relevant to the duties of the Board. Linda Fleming of 2900 Chris Lane, Grapevine, took the Oath of Truth and explained that she was concerned that the homes would be built too close to her property and there would be a drainage issue. With no one else to speak regarding the case, Ron Cook made a motion to close the public hearing. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt Nays: Nays Absent: Luers, Bruner, Tomerlin 3 Board of Zoning Adjustment 04/07/2003 In response to Ms. Fleming's concern regarding the drainage, Mr. Stombaugh explained that the Engineering Department would make sure drainage issues would be resolved. Mr. Cook explained to the concerned citizens that the zoning was in place for the property and the Board of Zoning Adjustment did not have the authority to dictate the type of product that would be built. Mr. Cook then make a motion that there were special conditions, specifically the subject site was a unique 5.14 -acre parcel surrounded by existing single family residences; a cul-de-sac right-of-way was necessary to provide access to the proposed lots, and the street, which was 40 -feet in width combined with the narrowness of the parcel created the necessity for the requested variances. Jim Kelso seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt Nays: None Absent: Luers, Bruner, Tomerlin Ron Cook then made a motion to approve the following variances: Section 15.G.1 "R-7.5" Single Family District, Area Regulations allowing a front yard setback of 25 -feet for Lots 4-14; Section 15.G.2 "R-7.5" Single Family District, Area Regulations allowing a rear yard setback of 20 -feet for Lots 4-8 and Lots 11-14; and Section 15.G.5 "R-7.5" Single Family District Area allowing a lot depth between 70 -feet to 89 -feet for Lots 4-8 and Lots 11-14, as shown on the final plat. Jim Kelso seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt Nays: None Absent: Luers, Bruner, Tomerlin BOARD OF ZONING ADJUSTMENT CASE BZA03-03 1403 CLEARWATER COURT, DONALD EDWARD AND KAREN TAAKE Next the Board of Zoning Adjustment considered BZA03-03, submitted by Donald and Karen Taake for property located at 1403 Clearwater Court, Grapevine, platted as Lot 13, Block 1, Wood Creek Estates. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 42.C.4 Supplementary District Regulations, Accessory Buildings, mandates that no swimming pool shall be located nearer than 6 -feet to any rear lot line and shall be subject to the same side yard requirements as the principal structure. 0 Board of Zoning Adjustment 04/07/2003 The applicant requested a variance of 4 -feet to this requirement for a swimming pool and if approved by the Board would allow a sideyard setback to the west of 7 -feet for a swimming pool. Mr. Stombaugh explained that Staff found that there were special conditions for the requested variance, specifically the lot was an irregularly shaped lot, the bulk of which falls within the 100 -year floodplain/flowage easement. He explained that the proposed pool location was the only spot on the subject lot that was not within the flowage easement. Don Taake, applicant, of 1403 Clearwater Court, Grapevine, took the Oath of Truth and said he had lived in Grapevine for 25 years and had moved to this location in July of 2002. He explained that the only place for a pool was the proposed area because the area below the retaining wall was in the 100 year flood plain drainage easement. Karen Taake, applicant, of 1403 Clearwater Court, Grapevine, took the Oath of Truth and explained that they had made a long term decision in buying their present house that backed up to a creek and had land in the flood plain that was unusable. Ms. Taake asked the Board for their approval. Ms. Taake also explained that the proposed pool was being moved as close to the house as possible. With no one else to speak for or against the request, Jim Kelso made a motion to close the public hearing. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt Nays: None Absent: Luers, Bruner, Tomerlin Ron Cook expressed that he felt the pool could be built without variances in the available space. After more discussion, Jim Kelso made a motion that there was no special condition. Ron Cook seconded the motion which prevailed by the following vote: Ayes: Cook, Kelso Nays: Hecht, Holt Absent: Luers, Bruner, Tomerlin The variance was denied. 5 Board of Zoning Adjustment 04/07/2003 BOARD OF ZONING ADJUSTMENT CASE BZA03-04 1050 W. GLADE ROAD KERRY COOK The next item was for the Board of Zoning Adjustment to consider was BZA03- 04, submitted Kerry Cook for property located at 1050 W. Glade Road, platted as proposed Lots 1-11, Block 1, Meritage Addition. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 16.G.3 "R-5.0" Zero -Lot -Line District, Area Regulations which requires side yard setbacks of 12 -inches on one side and 11 -feet on the opposite side. The applicant requested a variance of 5 -feet to this requirement for Lots 1-11 and if approved by the Board would allow sideyard setbacks of 6 -feet on both sides for Lots 1-11. Mr. Stombaugh explained that Staff found no special condition for the requested variances. Mr. Stombaugh explained that the subject site was rezoned in May 2001 from "CN" Neighborhood Commercial District to "R-7.5" Single Family District with a single deed restriction requiring any right-of-way to be established along the most westerly portion of the property. He explained that Mr. Cook attempted to develop the property under the "R-7.5" Single Family District zoning but had difficulty establishing the minimum front yard setback. He explained that the property was again rezoned in January 2003 from "R-7.5" Single Family District to "R-5.0" Zero -Lot -Line District so that the applicant could more easily establish a minimum front yard setback. He further explained that all lots in the proposed subdivision met all the requirements of the "R-5.0" Zero -Lot -Line District. Mr. Kerry Cook, applicant, of 2804 Spicebush, Euless, Texas, took the Oath of Truth and explained that three other developers had had contracts on the property but could not work out a development. Mr. Cook passed out an additional handout to the Board members. Ron Cook discussed possibly eliminating one lot from each cul-de-sac. Mr. Cook explained that according to his Banker, he needed 11 lots to make the development work Chairman Hecht announced that three letters of protest had been received. With no one else to speak regarding the case, Ron Cook made a motion to close the public hearing. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt 0 Board of Zoning Adjustment 04/07/2003 Nays: None Absent: Luers, Bruner, Tomerlin There was further discussion that the land met the requirements of the zoning ordinance. Jim Kelso then made a motion that there was no special condition. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt Nays: None Absent: Luers, Bruner, Tomerlin The request was denied. MINUTES Next the Board of Zoning Adjustment considered the minutes of the February 3, 2003, Briefing Session and Public Hearing. Ron Cook made a motion to approve the minutes of the February 3, 2003, Briefing Session. Jim Kelso seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt Nays: None Absent: Luers, Bruner, Tomerlin Next, Ron Cook made a motion to approve the minutes of the February 3, 2003, Public Hearing. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt Nays: None Absent: Luers, Bruner, Tomerlin ADJOURNMENT With no further discussion, Jim Kelso made a motion to adjourn. Ron Cook seconded the motion, which prevailed by the following vote: Ayes: Hecht, Cook, Kelso, Holt Nays: None Absent: Luers, Bruner, Tomerlin The meeting was adjourned at 7:17 P.M. 7 Board of Zoning Adjustment 04/07/2003 PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE f DAY OF Ma,14. , 2003. �%✓"-'0/ 4e -el SECRETARY CHAIRMAIq'`--- A3