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Home My WebLink AboutBBA2013-01March 12, 2013 Karen Rene' Towell 512 W. Hudgins Street Grapevine, TX 76051 RE: BUILDING BOARD OF APPEALS CASE #BBA13-01 512 W. Hudgins Street Ms. Towell: On March 11, 2013, the Building Board of Appeals approved Building Board of Appeals Case BBA13-01 for 512 W. Hudgins Street, legally described as Lot 7, Block 1, Grapevine Townhouse Addition. The following request was to Grapevine Code of Ordinances, Chapter 7, Article IV: Section 7-127, Fences, Front Yard Requirements, to allow a six-foot (6') wood fence within the required and established front yard as shown on the site plan. A copy of the minutes will be available after they have been approved at the next regular Building Board of Appeals meeting. If you need a copy for your records, please contact Connie Cook at (817) 410-3158. Thank you, Williams ppment Services Director / hg Official cc: Plans Examiners Development Services Department The City of Grapevine * P.O. Box 95104 * Grapevine, Texas 76099 * (817) 410-3165 Fax (817) 410-3012 * www.grapevinetexas.gov 0 LL Q w M N }0 0 O U UJ 100,6£ 11J U- 3 x0.8 ��0£0 S O J `JNIAtld 1ltlHdStl O Z W I N3W35tl3 3�JtlNltl2l0 ---Z W Z= L1 Q 03 d N �Alllllfl 'SS30OV. S'Lt 1 a QF— �v h.. W � O 1 1'9 .5Z I DgF- N 1 - 0 T LL I Q w Q I AVM3AR10 Z = Z �}� 1 313210N00 �� Q Z V I I—^ QZOO r Z'2 iQ v r F- ZZ W 8'8 1 D Z (D Q rv� Q• 00 mom W 1 1 �— QOQ �o� oW Ao— i Uj U �� o v M 0 w Q c0� 00 N � 2cl)cc co c5o` Z!:gQ atrL t6 313H0N0 0 C-4 w LLI LJJ(� 1 cn d' i 00 Z Z g W�. U , '1' O >> n. Z W ��£5'£L 3 ��£0�8 0£0 S- l o O LU Q D w /------------------_ 1 0 N CL U " --L - '�--M ��E0�8 I.oEO IV +r coo ,- I �Zo T C-1 U) � IU) �< CO H1NON N �P // vwQ OZw m W Z ti Q C) JCS? CITY OF GRAPEVINE 0*0*** APPROVED x DENIED CASE # _:615 g t 3= o 1 DATE ? t jj jj�S O LLJO a 2 Z L L C L t AGENDA CITY OF GRAPEVINE BRIEFING SESSION BUILDING BOARD OF APPEALS MONDAY EVENING, MARCH 11, 2013 AT 6:00 P.M. PLANNING & ZONING CONFERENCE ROOM, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER II. BRIEFING SESSION A. Building Board of Appeals to conduct a briefing session to discuss items scheduled to be heard in the March 11, 2013, public hearing. III. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENT AT THE MEETING, PLEASE CONTACT THE DEVELOPMENT SERVICES OFFICES AT 817-410-3158. 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 BUILDING BOARD OF APPEALS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28TH DAY OF FEBRUARY, 2013 AT 5:00 P.M. SCOTT WILLIAMS DIR C OR DEVELOPMENT SERVICES 1 BUILMG OFFICIAL AGENDA CITY OF GRAPEVINE BUILDING BOARD OF APPEALS MEETING MONDAY EVENING, MARCH 11, 2013 AT 6:15 P.M. COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS CALL TO ORDER II. PUBLIC HEARING A. Building Board of Appeals to conduct a public hearing relative to Case BBA13-01 submitted by property owner Karen Rene' Towell, for property located at 512 West Hudgins Street and consideration of same. III. MINUTES Building Board of Appeals to consider the minutes of the February 11, 2013, meetings and take any necessary action. IV. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENT AT THE MEETING, PLEASE CONTACT THE DEVELOPMENT SERVICES OFFICES AT (817) 410-3158. 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 BUILDING BOARD OF APPEALS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28TH DAY OF FEBRUARY, 2013, AT 5:00 P.M. 4LLIAMS D E TOR DEVELOPMENT SERVICES / B ING OFFICIAL MEMORANDUM BUILDING INSPECTIONS MEMO TO: BUILDING BOARD OF APPEALS FROM: SCOTT WILLIAMS, BUILDING OFFICIAL SUBJECT: BUILDING BOARD OF APPEALS CASE # A13-01 512 West Hudgins Street MEETING DATE: March 11, 2013 RECOMMENDATION: Staff recommends the Building Board of Appeals Approve the following request to City of Grapevine Code of Ordinances, Chapter 7, Article IV, Fences, for property addressed as 512 West Hudgins Street, legally described as Lot 7, Block 1, Grapevine Townhouse Addition: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. The applicant is requesting a six-foot (6') tall wood fence within the required and established front yard as shown on the site plan. SPECIAL CONDITION: Staff finds a special condition for the request, as the unusual orientation of the front yard is such that it appears as, and functions as, a rear yard. BACKGROUND INFORMATION: In June 2004, a plat was approved for this townhome subdivision. Because the access drive to the buildings is not a public street, the only way each lot could have frontage was to plat each lot as a "flag lot" with a narrow strip of land that connected with West Hudgins Street. This, by definition, created the "front yard". However, for all intents and purposes (at least for the lots on the east side of the private drive) this front yard appears as, and functions as, a rear yard. The application was submitted by property owner Karen Rene' Towell. This case was tabled at the February 11, 2013 meeting. O:1Memo\BBA13-01 n .L 1 inch = 100 feet BBA13-01 512 WEST HUDGINS STREET PW30MEMML: r -7, ----Mom T Irk 1 "I 6 m JAN 18 &TY OF GRAPEVINE BUILDING BOARD OF APPEALS APPLICANT /r NAME: Eh( L �% we -L ADDRESS: f'I ttiD&I iJ5 5TeaT CITY: - 1��1✓Y /AIS - - - - PHONE NO: Home: _. STATE: T/ ZIP: / 60�5 'S I `7 - 31qo - Dg Z7 Office: PROPERTY OWNER(S) NAME: �l�/J- ADDRESS: LJ �Z W. CITY: 11 iE1�1 tN PHONE NO: Home: 0 i 7, 3co - 00;Z. &82-,-,!;4-q-Z/ STATE: _rx ZIP: 760 / Office: to 0 Z - - 2100 ADDRESS AND LEGAL DESCRIPTION OF PROPERTY FOR WHICH APPEAL IS REQUESTED: Po21lU k-axI e6- 1-oakrum A -T 512- W. TQC . SPECIFIC NATURE OF APPEAL: 4, P12WA&V LIA C E STATE JUSTIFICATION FOR THE APPEAL AND EXPLAIN HOW A HARDSHIP WOULD BE CREATED IF THE APPEAL IS NOT GRANTED. EXPLAIN HOW YOUR SITUATION IS PECULIAR TO THE CIRCUMSTANCES CONTEMPLATED BY THE ORDINANCE AND ATTACH DRAWINGS NECESSARY TO HELP EXPLAIN THE THOSE RECORDS). ANrVAcy rmcu --Dur 7-o�2o i l��Cu1NG- UP -ro A , AM46 A -AID oPrAI 09Ln-7 [ ��nlr� 1w1 1Hc r'2/d�z1 ��( IS r%a2 APPLICANTS ARE REQUESTED TO ATTEND MEETING ,eOj ' i� o, ` a kieL, APPLICANT rint or type) OWNER (print or type) L1� J G " Cts APPL CANT'S SIGNATURE OWNER'S SIGNATURE 0WORMBBAApplicaban Rev: 0112011012.1/13 a W M N LL F— O �U o o LU ,0o bE LULL 3 x0l80000 S wQ EJNIAVd 1lVHdSV J O Z w N3W3SV3 3�JVNIVIJO 8 Z �-- W LL V d N �All,llfl'SS30OVS'LII d� o� °° —` — Iw U', o sZ og� — — �a�� Q W Q kVM3N210 1� I 313MONOO F- ZZ W e J 00 Ow t-4 20 ir a 0 r/Z b (zi= I Lc) W LU 0 F -O w D Q !� 0U LL" () 0 N J _ CO co COp i s A. s r a Z¢ p ,o•rt 13bbON04 N o o > �co - uj Q UJ � w 'l'9 SZ i I kn i— H O� w O w LLJ}, cr v Z ?� Z1_ wx / 'LSO 0 > > Z� i �E5'EL 3 ..£0.8 [oEO S o W Q - D w /-------------------- ' 0 N z �wZr \aPG� �Qcn H18ON / J?w mwz �aQ H9U ioz 1 See. 7-127. Front yard requirements. (a) Corner lots: It shall be unlawful to erect a fence in the required front yard building setback area or the established front yard area, whichever area is greater in depth, on any corner lot, except along the interior lot line in accordance with subsection (b). (b) Interior lots: (1) It shall be unlawful to erect a fence, hedge or vines over 36 inches in height in the required front yard area or the established front yard area, whichever area is greater in depth, on any interior lot. (2) It shall be unlawful to erect a fence, hedge or vines in the required front yard area or the established front yard area, whichever area is greater in depth, on any interior lot that does not have at least 50 percent through vision. (3) It shall be unlawful to maintain a fence, hedge or vines in the required front yard area or an established front yard area, whichever area is greater in depth, of an interior lot in a manner that does not permit at least 50 percent through vision. (4) For the purpose of this section, "established front yard area" shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and extending from the abutting street to a principal building or structure. The phrase "required front yard" shall have the meaning ascribed to it in the Grapevine Zoning Ordinance No. 82-73. CASE #BBA13-01 KAREN RENE' TOWELL CITY OF GRAPEVINE NOTICE OF PUBLIC HEARING BOARD OF BUILDING APPEALS 512 WEST HUDGINS STREET Because you are a property owner within 200 feet of the subject tract of land as shown by the last City -approved tax rolls, you received this notice. If you cannot or do not wish to attend the public hearing, the attached form is provided for your convenience. Purpose of Request: The applicant has submitted an application to the Department of Development Services for 512 West Hudgins Street, legally described as Lot 7, Block 1, Grapevine Townhouse Addition. The following request is to the City of Grapevine Code of Ordinances, Chapter 7, Article IV, Fences: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. The applicant is requesting to construct a six-foot tall wood fence within the required and established front yard. A copy of the site plan is on file at the Department of Development Services, 200 South Main Street, Grapevine, Texas. HEARING: WHEN: MONDAY, MARCH 11, 2013, AT 6:15 PM WHAT: BUILDING BOARD OF APPEALS PUBLIC HEARING LOCATION: CITY COUNCIL CHAMBERS, 2ND FLOOR, 200 SOUTH MAIN STREET PROCEDURE: 1. City Staff Introduction of Case and Applicant 2. Applicant and Other Speakers' Presentation 3. Public Input from Neighborhood Associations, Property Owners within 200 feet, Interested Citizenry 4. Questions from Board of Zoning Adjustment for Applicants, City Staff and Guests Present 5. Public Hearing Closing 6 Determining if a Special Condition Exists 7. Vote CASE #BBA13-01 KAREN RENE' TOWELL CITY OF GRAPEVINE 512 WEST HUDGINS STREET ALL WRITTEN CORRESPONDENCE MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, MARCH 11, 2013. Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) Print Name, Address, City, Zip, Lot, Block and Subdivision: Signature: Mail responses to: Phone#: Telephone: 817-410-3158 Fax: 817-410-3012 Building Board of Appeals Department of Development Services City of Grapevine P. O. Box 95104 Grapevine, TX 76099 Direct uestions/deliver responses to: Planning & Building Inspections Division Department of Development Services City of Grapevine 200 S. Main Street Grapevine, TX 76051 0 BBA13-01 1 inch = 136 feet 512 WEST HUDGINS STREET CUSTOM DESIGNS INC MAKANDA, BRIDGETTE BBA 13-01 PO BOX 50877 3360 INDIAN CREEK CT 512 West Hudgins St DENTON TX 762060000 KELLER TX 762480353 Karen Rene Towell COLLIN COUNTY PROPERTIES LLC INTELLYS CORPORATION 512 W. Hudgins Street 208 STEEPLECHASE DR 621 W COLLEGE ST Grapevine, TX 76051 IRVING TX 750623818 X GRAPEVINE TX 760515222 � 5?� Karen Rene Towell GLOVER, JOHN L III BUCHANAN INVESTMENTS LLC 512 W. Hudgins Street 514 W HUDGINS ST 7201 W 129TH ST STE 300 Grapevine, TX 76051 GRAPEVINE TX 760515286 OVERLAND PARK KS 662132693 Karen Rene Towell HILL, LAURIE GOODINE JORDAN, RANDY 512 W. Hudgins Street 504 W HUDGINS ST PO BOX 98 Grapevine, TX 76051 GRAPEVINE TX 760515286 GRAPEVINE TX 760990098 HERNANDEZ, PAULINE MELINDA DICKERSON, RUTH MAXINE 502 W HUDGINS ST 505 W COLLEGE ST GRAPEVINE TX 760515286 GRAPEVINE TX 760515220 MADSEN, JON H ETUX RHONDA R BUCHANAN INVESTMENTS LLC 500 W HUDGINS ST 7201 W 129TH ST STE 300 GRAPEVINE TX 760515286 OVERLAND PARK KS 662132693 GLT LLC HOFFMANN, MARY T 619 BELLAIRE DR 508 W HUDGINS ST GRAPEVINE TX 760515234 GRAPEVINE TX 760515286 DICKERSON, DOYLE MOORE, JOHN L 1448 N FM 1655 603 POTOMAC PL ALVORD TX 762253302 SOUTHLAKE TX 760929319 ZIELINSKI, TANYA 510 W HUDGINS ST 15 i GRAPEVINE TX 760515286 I /�� VFW METRO INVESTMENTS �"ti5 213A W HUDGINS ST GRAPEVINE TX 760515258 OUTLINE OF BUILDING BOARD OF APPEALS MEETING PROCEDURE BRIEFING SESSION: Public meeting, but NOT a Public Hearing; public and applicants may attend, but may not participate unless asked a specific question for clarification. New business — Building Official will present the case. Board members should use this opportunity to make sure they are clear on the specifics of the case. Asking questions at this point will help to make the public hearing more efficient. Board members should not use this briefing session to deliberate for or against the case. Building Official will present miscellaneous reports. REGULAR MEETING: • Call to order • New business ■ Chairman will open Public Hearing. • Building Official will present the case. Board members may ask Building Official questions. ■ Applicant will give presentation; Board may ask applicant questions. ■ Any other interested party may speak and be questioned. ■ Chairman closes Public Hearing. ■ Board deliberation ■ Motion to find (or not find) a Special Condition ("I move that in BBA case 13- , that a Special Condition exists, specifically that ".) or ("I move that in BBA case 13- , no Special Condition exists".) If Staff feels that the case warrants approval, Staff will always list a Special Condition for you to use. However, you are NOT obligated to use the Special Condition proposed by Staff. ■ Vote • If the Board finds no Special Condition, the case is automatically denied. ■ If the Board finds a Special Condition exists, a motion must then be made to approve the case: ("I move that in BBA- , the request for be approved".) ■ Vote ■ Consideration of Minutes (vote required for approval). ■ Meeting adjourned 0AMMOutlineMeeti ngProcedure 2/1106 Rev: 8108, 7/12 le�m yt �"Loo -- 1 MIT, I ,.,o ts- Lam' kA - w � ii1 6i,4��'s•,Q .�i:r ti; •, L' i 4 � • t �,'r�,�.�� ' t . 1r i , 46 tRil lip -ilk Vol. rL. . z j N -N " OW . •tA 27/10/2007 P., STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City evening, March 11, 2013, at 6:00 P.M. in the 2nd Floor, 200 South Main Street, Grapevine following members present to wit: Joe Lipscomb Jerrold Sklar Clint Hallman Hal Hardister Rex Young of Grapevine, Texas, met on Monday Planning and Zoning Conference Room, Texas, for a Briefing Session with the Chairman Vice -Chairman Member Member Member constituting a quorum with Members Paul Biesiadny and Russell Kidd absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Scott Williams Development Services Director/ Building Official Connie Cook Development Services Assistant CALL TO ORDER Chairman Joe Lipscomb called the Briefing Session of the Building Board of Appeals to order at approximately 6:00 P.M. NEW BUSINESS Scott Williams briefed the Building Board of Appeals regarding the item scheduled to be heard in the regular public hearing. ADJOURNMENT With no further discussion, the meeting was adjourned at approximately 6:10 P.M. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 13TH DAY OF MAY 2013. gnu OivaL SECRETARY (2 ,;_I C AIRMAN rd Building Board of Appeals STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City of Grapevine, Texas, met in regular session, Monday evening, March 11, 2013, at 6:15 p.m., in the City Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas with the following members present: Joe Lipscomb Chairman Jerrold Sklar Vice -Chairman Clint Hallman Member Hal Hardister Member Rex Young Member constituting a quorum with Members Paul Biesiadny and Russell Kidd absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Scott Williams Development Services Director/ Building Official Connie Cook Development Services Assistant CALL TO ORDER Chairman, Joe Lipscomb called the Public Hearing to order at approximately 6:15 p.m. PUBLIC HEARING BUILDING BOARD OF APPEALS TO CONSIDER BUILDING BOARD OF APPEALS CASE 1313A13-01. KAREN RENE TOWELL. The Building Board of Appeals considered BBA13-01 submitted by property owner Karen Rene' Towell for property located at 512 West Hudgins Street, legally described as Lot 7, Block 1, Grapevine Towhouse Addition. The request was to Grapevine Code of Ordinances, Chapter 7, Article IV, Fences: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. Scott Williams explained that Staff recommended the Building Board of Appeals approve the applicant's request for approval of a six-foot (6') tall wood fence within the required and established front yard as shown on the site plan. Mr. Williams explained that Staff found a special condition existed for the request. Specifically, the unusual orientation of the front yard was such that it appeared as, and functioned as, a rear yard. He stated that the main entry into the townhome subdivision was actually a private access drive, and not a public access easement. Therefore to obtain frontage on a public street the properties were each platted as a "flag lot" with a narrow strip of land that connected with Hudgins Street. By definition this created the "front yard". However, for all intents and purposes (at least for the lots on the west side of the private drive) this front yard appeared as, and functioned as, a rear yard. He further stated that the fence would not extend the full extent of the applicant's rear property line. The request for the six-foot (6) tall fence only extended approximately one half the depth of the yard, replacing the fence in its current location. With no questions for Mr. Williams, Karen Rene' Towell of 512 West Hudgins Street, Grapevine, Texas, took the Oath of Truth; she gave a brief presentation, provided photos to the Board and requested favorable consideration of her request and offered to answer any questions of the Board. With no further questions for Mr. Williams or Ms. Towell, Mr. John Glover, of 514 West Hudgins Street, Ms. Mary Hoffmann of 508 W. Hudgins Street, and Ms. Beate Eggerton of 516 West Hudgins Street. Mr. Glover addressed the Board for the group, he stated their concerns and requested the Board respect the opinion of the majority and deny the variance requested. Ms. Hoffman stated that they had spent a lot of time and money cultivating the open area behind their homes. Since West Hudgins Street would eventually be extended they had hoped that as a group they would come to a mutual understanding whether or not to fence in the entire area, but had wanted to postpone that decision until the road had actually been constructed. Ms. Eggerton stated she has been a realtor in the area since 1989; she was involved with the original owner in the selling of several of the units. She explained that the deck at Mr. and Mrs. Hoffman property had been constructed by the builder. Ms. Eggerton stated that she felt that Ms. Towell knew what she was getting; nothing had been added to any of the properties since Ms. Towell had purchased her property. She further stated that any changes to the property had always been discussed by the nine (9) property owners and was disappointed that Ms. Towell did not want to follow along with the group's sentiment. Jerrold Sklar asked if they had discussed with Ms. Towel what options the group would be open to. Ms. Eggerton stated that Ms. Towell had not communicated with them, she had been communicating with Mr. John Matson, acting secretary for the group; he was responsible for financial issues, organized the mowing and maintenance of the property. Mr. Glover stated that since the previous meeting any attempts to communicate with Ms. Towell had been met with hostility and detrimental e-mails. With no further questions for Ms. Towell, and no additional speakers, Hal Hardister made a motion to close the public hearing. Jerrold Sklar seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Hardister, Young Nays: None Absent: Biesiadny, Kidd K Building Board of Appeals Clint Hallman made a motion that a special condition existed. Specifically, the unusual orientation of the front yard was such that it appeared as, and functioned as, a rear yard. Hal Hardister seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Hallman, Hardister, Young Nays: Sklar Absent: Biesiadny, Kidd Clint Hallman made a motion to approve the variance to Section 7-127, Fences, Front Yard Requirements, allowing the construction of a six-foot (6') tall wood fence not to exceed the setback of the existing fence location within the required and established front yard as shown on the site plan. Rex Young seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Hallman, Hardister, Young Nays: Sklar Absent: Biesiadny, Kidd MINI ITFS Next for the Board to consider was the minutes of the February 11, 2013 Briefing Session and Public Hearing. Jerrold Sklar made a motion to accept the minutes of the February 11, 2013 Briefing Session and Public Hearing. Rex Young seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Hardister, Young Nays: None Absent: Biesiadny, Kidd ADJOURNMENT With no further discussion, Jerrold Sklar made a motion to adjourn. Rex Young seconded the motion, which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Hardister, Young Nays: None Absent: Biesiadny, Kidd The meeting was adjourned at approximately 6:35 p.m. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 13TH DAY OF MAY 2013. APPROVED - 3 Building Board of Appeals APPROVED: CHAIRMAN" ec�nn�4 &L SECRETARY BUildlre Board of Appeals 3111/13 February 12, 2013 Karen Rene' Towell 512 W. Hudgins Street Grapevine, TX 76051 RE: BUILDING BOARD OF APPEALS CASE #BBA13-01 512 W. Hudgins Street Ms. Towell: On February 11, 2013, the Building Board of Appeals tabled Building Board of Appeals Case BBA13-01 for 512 W. Hudgins Street, legally described as Lot 7, Block 1, Grapevine Townhouse Addition. The following request was to Grapevine Code of Ordinances, Chapter 7, Article IV: Section 7-127, Fences, Front Yard Requirements, to allow a six-foot (6) wood fence within the required and established front yard. A copy of the minutes will be available after they have been approved at the next regular Building Board of Appeals meeting. If you need a copy for your records, please contact Connie Cook at (817) 410-3158. Thanl Scott Willia- hs Development Services Director/ Building Official cc: Plans Examiners Development Services Department The City of Grapevine * P.O. Box 95104 * Grapevine, Texas 76099 * (817) 410-3165 Fax (817) 410-3012 * www.grapevinetexas.gov MEMORANDUM BUILDING INSPECTIONS MEMO TO: BUILDING BOARD OF APPEALS FROM: SCOTT WILLIAMS, BUILDING OFFICIAL SUBJECT: BUILDING BOARD OF APPEALS CASE #BBA13-01 512 West Hudgins Street MEETING DATE: February 11, 2013 RECOMMENDATION: Staff recommends the Building Board of Appeals Approve the following request to City of Grapevine Code of Ordinances, Chapter 7, Article IV, Fences, for property addressed as 512 West Hudgins Street, legally described as Lot 7, Block 1, Grapevine Townhouse Addition: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. The applicant is requesting a six-foot (6) tall wood fence within the required and established front yard as shown on the site plan. SPECIAL CONDITION: Staff finds a special condition for the request, as the unusual orientation of the front yard is such that it appears as, and functions as, a rear yard. BACKGROUND INFORMATION: In June 2004, a plat was approved for this townhome subdivision. Because the access drive to the buildings is not a public street, the only way each lot could have frontage was to plat each lot as a "flag lot" with a narrow strip of land that connected with West Hudgins Street. This, by definition, created the "front yard". However, for all intents and purposes (at least for the lots on the east side of the private drive) this front yard appears as, and functions as, a rear yard. The application was submitted by property owner Karen Rene' Towell. 0:1Memo1BBA13-01 AGENDA CITY OF GRAPEVINE BRIEFING SESSION BUILDING BOARD OF APPEALS MONDAY EVENING, FEBRUARY 11, 2013 AT 6:00 P.M. PLANNING & ZONING CONFERENCE ROOM, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER II. BRIEFING SESSION A. Building Board of Appeals to conduct a briefing session to discuss items scheduled to be heard in the February 11, 2013, public hearing. Ili. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENT AT THE MEETING, PLEASE CONTACT THE DEVELOPMENT SERVICES OFFICES AT 817-410-3158. 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 BUILDING BOARD OF APPEALS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 5TH DAY OF FEBRUARY, 2013 AT 5:00 P.M. 7 WILLIAMS TOR DEVELOPMENT SERVICES ! ING OFFICIAL AGENDA CITY OF GRAPEVINE BUILDING BOARD OF APPEALS MEETING MONDAY EVENING, FEBRUARY 11, 2013 AT 6:15 P.M. COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER 11. PUBLIC HEARING A. Building Board of Appeals to conduct a public hearing relative to Case BBA13-01 submitted by property owner Karen Rene' Towell, for property located at 512 West Hudgins Street and consideration of same. 111. MINUTES Building Board of Appeals to consider the minutes of the September 10, 2012, meetings and take any necessary action. IV. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENT AT THE MEETING, PLEASE CONTACT THE DEVELOPMENT SERVICES OFFICES AT (817) 410-3158. 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 BUILDING BOARD OF APPEALS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE STH DAY OF FEBRUARY, 2013, AT 5:00 P.M. TT DIRfCTOF DEVELOPMENT SERVICES ! BUIL`�IN OFFICIAL CASE #BBA13-01 KAREN RENE' TOWELL CITY OF GRAPEVINE NOTICE OF PUBLIC HEARING BOARD OF BUILDING APPEALS 512 WEST HUDGINS STREET Because you are a property owner within 200 feet of the subiect tract of land as shown by the last City -approved tax rollsyou received this notice. If you cannot or do not wish to attend the public hearing, the attached form is provided for your convenience. Purpose of Request: The applicant has submitted an application to the Department of Development Services for 512 West Hudgins Street, legally described as Lot 7, Block 1, Grapevine Townhouse Addition. The following request is to the City of Grapevine Code of Ordinances, Chapter 7, Article IV, Fences: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. The applicant is requesting to construct a six-foot tall wood fence within the required and established front yard. A copy of the site plan is on file at the Department of Development Services, 200 South Main Street, Grapevine, Texas. HEARING: WHEN: MONDAY. FEBRUARY 11. 2013. AT 6:15 PM WHAT: BUILDING BOARD OF APPEALS PUBLIC HEARING LOCATION: CITY COUNCIL CHAMBERS, 2ND FLOOR, 200 SOUTH MAIN STREET PROCEDURE: 1. City Staff Introduction of Case and Applicant 2. Applicant and Other Speakers' Presentation 3. Public Input from Neighborhood Associations, Property Owners within 200 feet, Interested Citizenry 4. Questions from Board of Zoning Adjustment for Applicants, City Staff and Guests Present 5. Public Hearing Closing 6 Determining if a Special Condition Exists 7. Vote 0 L� 1 inch = 100 feet F- m w z m U U M w Q J J w m Subject Prope W HUDGINSST W COLLEGE ST BBA13-01 512 WEST HUDGINS STREET CASE #BBA13-01 KAREN BENE' TOWELL CITY OF GRAPEVINE 512 WEST HUDGINS STREET ALL WRITTEN CORRESPONDENCE MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, FEBRUARY 11, 2013. Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) Print Name, Address, City, Zip, Lot, Block and Subdivision: Signature: Phone#: Telephone: 817-410-3158 Fax: 817-410-3012 Mail responses to: Building Board of Appeals Department of Development Services City of Grapevine P. O. Box 95104 Grapevine, TX 76099 Direct questions/deliver responses to: Planning & Building Inspections Division Department of Development Services City of Grapevine 200 S. Main Street Grapevine, TX 76051 NNW �—vow yC' 1 �'IJ fY �1��s ' OWN F � _ Y r ; CA STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City of Grapevine, Texas, met on Monday evening, February 11, 2013, 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: Joe Lipscomb Jerrold Sklar Russell Kidd Paul Biesiadny Rex Young Chairman Vice -Chairman Member Member Member constituting a quorum with Members Hal Hardister and Rex Young absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Scott Williams Development Services Director Building Official Connie Cook Development Services Assistant CALL TO ORDER Chairman Joe Lipscomb called the Briefing Session of the Building Board of Appeals to order at approximately 6:00 P.M. NEW BUSINESS Scott Williams briefed the Building Board of Appeals regarding the item scheduled to be heard in the regular public hearing. ADJOURNMENT With no further discussion, the meeting was adjourned at approximately 6:14 P.M. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 11TH DAY OF MARCH 2013. APPROVED: ��4 � e.7 t--, to CHAI RMA (1a, n c v LL SECRETARY Building BOard of Appeals 2111/13 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City of Grapevine, Texas, met in regular session, Monday evening, February 11, 2013, at 6:15 p.m., in the .City Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas with the following members present: Joe Lipscomb Chairman Jerrold Sklar Vice -Chairman Russell Kidd Member Paul Biesiadny Member Rex Young Member constituting a quorum with Members Hal Hardister and Rex Young absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Scott Williams Development Services Director / Building Official Connie Cook Development Services Assistant CALL TO ORDER Chairman, Joe Lipscomb called the Public Hearing to order at approximately 6:15 p.m. PUBLIC HEARING BUILDING BOARD OF APPEALS TO CONSIDER BUILDING BOARD OF APPEALS CASE BBA13-01, KAREN RENE TOWELL. The Building Board of Appeals considered BBA13-01 submitted by property owner Karen Rene' Towell for property located at 512 West Hudgins Street, legally described as Lot 7, Block 1, Grapevine Towhouse Addition. The request was to Grapevine Code of Ordinances, Chapter 7, Article IV, Fences: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. Scott Williams explained that Staff recommended the Building Board of Appeals approve the applicant's request for approval of a six-foot (6') tall wood fence within the required and established front yard as shown on the site pian. Mr. Williams explained that Staff found a special condition existed for the request. Specifically, the unusual orientation of the front yard was such that it appeared as, and functioned as, a rear yard. He stated that the main entry into the townhome subdivision was actually a private access drive, and not a public access easement. Therefore to obtain frontage on a public street the properties were each platted as a "flag lot" with a narrow strip of land that connected with Hudgins Street. By definition this created the "front yard". However, for all intents and purposes (at least for the lots on the east side of the private drive) this front yard appeared as, and functioned as, a rear yard. He further stated that the fence would not extend the full extent of the applicant's property. The request for the six-foot tall fence only extended approximately one half the depth of the yard. With no questions for Mr. Williams, applicant, Karen Rene' Towell explained to the Board that the fence was primarily for security purposes; she requested favorable consideration of her request and offered to answer any questions of the Board. Mr. Lipscomb asked Mr. Williams if the Board found a special condition existed and approved the variance would the condition be specific to what was shown on the plot plan, or in the required and established front yard. Mr. Williams stated that the request was written so the Board could approve it either way. He stated that he would recommend the Board's approval be limited to what was shown on the applicant's request. With no further questions for Mr. Williams or Ms. Towell, Mr. John Glover, of 514 West Hudgins Street, Ms. Mary Hoffmann of 508 W. Hudgins Street, Ms. Tanya Zielinski of 510 West Hudgins Street and Ms. Beate Eggerton of 516 W. Hudgins Street. Mr. Glover addressed the Board for the group, he stated their concerns why the Board should deny the variance requested. Ms. Hoffman also stated that they had spent a lot of time and money cultivating the open area behind their homes. She provided photos to the Board. She suggested that maybe an agreement could be met that did not interfere with everyone's view. Ms. Eggerton stated that she and Ms. Zielinski were both single women and never had any security concerns. Russell Kidd asked Mr. Glover if the flowers were on the townhome property or on Deacon property. Mr. Glover stated that he had planted wild flower seeds on the Deacon property up and down the fence line for the past several years. Russell Kidd asked Mr. Williams if the Board approved this request would all property owners be required to apply for variances if they wanted to do the same thing. Mr. Williams stated that all properties were platted individually and would have to come before the Board. Mr. Williams stated that if all the property owners came to an agreement, Staff could bring all of them in as one (1) case instead of individual cases. City Council Representative Sharron Spencer addressed the Board, she recommended the Board Table BBA13-01 that allowed property owners to come to a resolution they could all find acceptable. I BuOding Board or Appeals 2/11113 Mr. Kidd asked Ms. Towell if she would be in agreement with Tabeling the case. She stated that the property owners were aware of this over two (2) months ago. She stated that if the Board wanted to Table the case they could. With no further questions for Ms. Towell, and no additional speakers, Clint Hallman made a motion to close the public hearing. Russell Kidd seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kidd, Hallman, Biesiadny Nays: None Absent: Young, Hardister Jerrold Sklar made a motion to Table BBA13-01 to March 11, 2013 meeting. Russell Kidd seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kidd, Hallman, Biesiadny Nays: None Absent: Young, Hardister MINIITFS Next for the Board to consider was the minutes of the September 10, 2012 Briefing Session and Public Hearing. Jerrold Sklar made a motion to accept the minutes of the September 10, 2012 Briefing Session and Public Hearing. Russell Kidd seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kidd, Hallman, Biesiadny Nays: None Absent: Young, Hardister ADJOURNMENT With no further discussion, Russell Kidd made a motion to adjourn. Paul Biesiadny seconded the motion, which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kidd, Hallman, Biesiadny Nays: None Absent: Young, Hardister The meeting was adjourned at approximately 6:25 p.m. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 11TH DAY OF MARCH 2013. 3 Buldk g Boom of nppews 2111113 APPROVED: CHAIRMAN L- SECRETARY rtt aLAaV BOM ofAppeals 7111113