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Home My WebLink About1996-04-01 t AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, APRIL 1, 1996, AT 6:00 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS 70 I• CALL TO ORDER If. OATH OF TRUTH III• OLD BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA96-01, SUBMITTED BY PHIL SALYER AND CONSIDERATION OF SAME. IV. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA96-06, SUBMITTED BY BENNETT & MARLA LOONEY AND CONSIDERATION OF SAME. B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA96-07, SUBMITTED BY KFS, INC. AND CONSIDERATION OF SAME. C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA96-08, SUBMITTED BY PAYTON-WRIGHT FORD AND CONSIDERATION OF SAME. D.1 BOARD OF,,, ZONING ADJUSTMENT TO CONDUCT A PUBLIC 1 HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA96-09, SUBMITTED BY CITY OF GRAPEVINE AND CONSIDERATION OF SAME. E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA96-10, SUBMITTED BY MEMORIAL BAPTIST CHURCH AND CONSIDERATION OF SAME. 3 t V. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE DECEMBER 4, 1995 MEETING AND MARCH 4, 1996 MEETING. VI. MISCELLANEOUS REPORTS AND�?R 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 DEVELOPMENT SERVICES AT (817) 481- 0377 AT LEIN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE T AST HOURS NEEDS. O ASSISST YOUR 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 29TH DAY OF MARCH, 1996 AT 5:00 P.M. CTOR OF EVELOP NT SERVICES. MEMORANDUM DEVELOPMENT SERVICES MEMO TO: BOARD OF ZONING ADJUSTMENT FROM: SCOTT WILLIAMS, BUILDING O FI A� MARCY RATCLIFF, PLANNER -/ `1 1 SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA96-01 PHIL SALYER MEETING DATE: MONDAY, APRIL 1, 1996 � c;G RECOMMENDATION: dew ® Staff recommends the Board of Zoning Adjustment approve the request to Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 1, Block 1, Wildwood Crossing Addition and addressed as 1102 Skyline Court as follows: 1.v Section 42.F.5., Supplementary District Regulations state that the face (door) J of a private garage, either attached or detached shall not be located closer than j--Q twenty (20) feet to any side or rear lot line in any residential district. The proposed variance would allow a garage to be placed so that the face (door) encroaches five (5) feet into the required twenty (20) foot side setback If apgroved it would allow the garage to be placed so that the face (door) is I S� fifteen (15) feet from the side lot line SPECIAL CONDITION: Staff finds a special condition exists for the request in that it would be difficult to construct a rear entry garage, due to the location of an existing storm inlet. A twenty (20) foot side setback would be possible, but would restrict the habitable area of house. BACKGROUND INFORMATION: An application was submitted to the Department of Development Services by Phil Salyer representing Salyer and Associates. This case was subsequently tabled at the March 4, 1996 meeting. 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STREET ADDRESS AND LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY: (PLEASE ATTACH SURVEY OF THE SUBJECT PROPERTY) Lo w'4 (d ,N 1162- C,,j<,4 L&w f, c tclg Cijdico- � . •Tk ems! 5. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET. 2 6. STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS WHICH CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCE(S) OR SPECIAL EXCEPTION(S) YOU ARE REQUESTING. EXAMPLES OF SPECIAL CONDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, ELEVATIONS, IRREGULAR LOT OR TRACT SHAPES, ETC. THE BOARD OF ZONING ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE REQUEST. p- r C 144v c>rC aJ Lk A (ar 7. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES: (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. 8. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PICTURES NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.) APPLICANT (PRINT OR TYPE) ' APPLICANT SIGNATURE OWNER (PRINT) � Q OWNER SIGNATURE SUBSCRIBED AND SWORN TO THIS _DAY OF 19 KELLY DOUGHTY � a NOTARY PUBLIC iqC5TARTPUBLrC FOR TFV STATE OF TEXAS STATE OF TEXAS of My Comm.Exp.4-4-99 q> q P 9 9 DATE OF LICENSE EXPIRATION SUBSCRIBED AND SWORN TO THIS oZ� '`DAY OF Qft-, 19 9L. jo,.• KELLY DOUGHTY NOTARY P LIC FOR I STATE OF TEXAS a o NOTARY PUBLIC STATE OF TEXAS q— q ''•• „••'' My Comm.Exp.4-4-99 DATE OF LICENSE EXPIRATION DIRECT QUESTIONS TO DEVELOPMENT SERVICES STAFF AT (817) 481-0377 FAX NUMBER (817) 424-0545 DEL/VERY ADDRESS CORRESPONDENCE ADDRESS DEVELOPMENT SERVICES DEVELOPMENT SERVICES PLANNING DIVISION PLANNING DIVISION 307 WEST DALLAS ROAD, ROOM 209 P.O. BOX 95104 GRAPEVINE, TX 76051 GRAPEVINE, TX 76099 4 1 t - ---------- ry J4 c 0,Sow / phno oc�Y_�1Z--- ------- ---- -- ciea,� Gvi�-D wooer cum<,n/�� r o,� — -1 C/Ty of f-7RAIEVIA f oT I t dr �w �.'w t x TVs •%fiats - r i ..y NOW,- } . �d`�•�aL� ��4."�'�k`'�"a�'� �zr . S� / i MEMORANDUM DEVELOPMENT SERVICES MEMO TO: BOARD OF ZONING ADJUSTMENT FROM: SCOTT WILLIAMS, BUILDING OFFICI MARCY RATCLIFF, PLANNER K V SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA96-06 BENNETT & MARLA LOONEY �oo-�— ' Z MEETING DATE: MONDAY, APRIL 1, 1996 � - RECOMMENDATION: elk) Staff recommends the Board of ZoningAdjustment a rove the request Grapevine 1 PP q P Comprehensive Zoning Ordinance 82-73 for Lot 24, Block 5, Parra Linda Estates Section Two and addressed as 2901 Tumbleweed Trail as follows: 1 . "Section 42.F.5., Supplementary District Regulations, requires the face (door) of a private garage, either attached or detached to be located not closer than twenty (20) feet to any side or rear lot line in any residential district. 04le proposed variance would allow a five (5) foot encroachment into the equired twenty (20) foot side yard setback. If approved, it would allow the (� ace (door) of the proposed garage to be built fifteen (15) feet from the side lot line as shown on the plot plan. i /D r� SPECIAL CONDITION: Staff finds a special condition exists for the request in that the existing garage is setback fifteen (15) feet from the side property line. When the neighborhood was originally developed this requirement was not in place. A rear entry garage would also require a twenty (20) foot setback. This is not sible withouul elimination of the existing patio. BACKGROUND INFORMATION: An application was submitted to the Department of Development Services by Bennett and Marla Looney. Staff became aware of a potential setback problem after review of a permit application to construct a new garage. SW/kp 0:\BZA\96-06.4 TT1 3m 4 g 711 an O is ll to t.a s 4 -J 14 \ t2 y R 16 Hi C �13 ll f0 In 2J J i THOPIAS CT t,h K 2 w 1 u t7 NEvCASTLE OR 7 12 13 W t = �3qa u rA ZJl o , f3 14A 14 11 Tx 7a4 1 to cc • u X5 K t Z.,f IBC o 2.7441 • is Zr r 1 ALICE CT. e o 17 zH ul s 7 RA TR 2ff TR PR 2f 21 W � K 3K .tnP to n zz 7 s 4 CS� x 34e • Z7 N O 2< G zFl. 3�82 CU91-10 � T.n A .ss rc T Ke CN 3.71IE f "! ~� 5 MAI4CNESTER LN BZA 96-06 BENNETT & MARLA LOONEY 4 a 5 a 1 2 J 4 s s 1R 1 3 s a-A 1 t1 7 is / TR Sal t 40 2 z (\ 1 K 1 2 3 Q ru TR 2C2 l 5 G 7 2 l-R 7 34 RO TR Saz rR TR ZAZ9 2t 2B 4 2151 • .JC • 1G 25 33 f n tl 14 It Ze TR 2A3A 22� ?1 � t1 R-1 23 >d 17 II � 27 TUMBLEWEED TR 26 z1 It to I ccZC 23 _�• � 23 1T 2 14 15 1G 17 Ia t1 zY ...1 T 71 15 1t 1 4 4 1 \ TR ZA.l m IT t2 11 a 7 G -34 3 2 I I< 2 4 AC 1 12 I1 n s 2 2S za zs CPJTLE-Y CRmC TR zT , a G S T •3�825 � �c r r 15 is 17 to n 2f 21 n n � 26 24 to 22 y,_ ze 7 � O 2 i 17 27 L a n s 4 3 ' 2e 1C 13 f2 u u 1 e 7 c to � 14 • u u U 1. le s 14ESA VERDE TR 21 c n 7 20 GU >� � � � r 20 27 26 25 Ia Z3 n to 17 Is n t4 to u cz u SHAOY LANE x \ TR 502C SOUTIL.AK£ CITY LIMITS Z } is Xl . � TR W ` P�'� TR 302 ( TR SC is.,s Ac Y�- ( 8.38 a IA TR 5a?4 1� TR San (�l` TR 502lm EEMA SZ TR sc n` >CK TR yt2 I TR 504 TR 3f1 TR I R 50C CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT APPLICATION 1. APPLICANT NAME:- BENNETT AND MARLA LOONEY ADDRESS: 2901 TUMBLEWEED TRAIL CITY/STATE: GRAPEVINE, TEXAS ZIP: IY6651 HOME:_817-481-6032 WORK:_817-481-OJ88 FAX: 81?-488-7275 2. PROPERTY OWNER(S) NAM.E• LA LOONEY ADDRESS: 2901 Toxm �D TRAT7 CITY/STATE: A EVTNE TEXAS 7IP: 76051 HOME: 817-481-6032 WORK: 817-481-0188 FAX: 817-488-7275 4. STREET ADDRESS AND LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY: (PLEASE ATTACH SURVEY OF THE SUBJECT PROPERTY) 2901 TUMBLEWEED TRAIL, GRAPEVINE, TEXAS, LOT 24, BLOCK 5, PARRA LINDA ESTATES SECTION TWO. 5. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET. SECTION REQUEST IS MADE TO VARY THE 20 FEET REQUIREMENT BY 5 FEET TO HAKE IT 15 FEET FROM THE PROPERTY LINE. 2 6. STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS WHICH CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCE(S) OR SPECIAL EXCEPTION(S) YOU ARE REQUESTING. EXAMPLES OF SPECIAL CONDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, ELEVATIONS, IRREGULAR LOT OR TRACT SHAPES, ETC. THE BOARD OF ZONING ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE IAOTION MUST BE TO DENY THE REQUEST. When we bought our home at 2901 Tumbleveed Trail in August of 1984; the owner shared with us plans that shoved converting the existing garage tc a second living area and building a detached garage in the backyard_ It was a real selling point to us and 'we knew we would eventually want to d this at some time. since that time, we have added an extensive patio/hot tub area, built out of pavestone with an elaborate retaining va 1. Th. d d represents an investment of over $15,000.00 in improvements. The 20 ft. driveway requirement pushes the garage 5 ft. farther into our backyard than we had envisioned The patio would have the garage blocking it off and the end result would be very unappealing. We are striving to do this entire project in the cost professional manner possible and desire for the final look to totally conform to the neighborhood in every way. 7. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES: (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. As shown on the survey, our current garage sits right on the 15 ft. building line, resulting in a driveway 1617". The variance we are requesting would situate it exactly the same. The 20 ft. requirement did no xi�t vh n thi n 'gh2zS2rhood vas developed and none of the other houses on corners with a side-entry garage have a 20 ft. driveway. Also, note that this neighborhood does not have any sidewalks in the City's right-of-way and that vehicles parked on the drive would not be a problem. Thee-- attached pictures show the driveways of several near-by homes which all have driveways of 166to 171 . Also my Cadillac easily can be parked on my current driveway without hanging over into the City's right-of-vay. we plan to knock-out the existing drive-vay, adding the appropriate landscaping to make the conversion look as much like it is part of the original house as possible- 3 8. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PICTURES NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.) APPLICANT (PRINT OR TYPE) BEAAETT LOONEY AND MARLA r ooNEY APPLICANT SIGNATURE OWNER (PRINT) BE TT r.nONFY arras xaizr a r nn v OWNER SIGNATURE e SUBSCRIBED AND SWORN TO THIS DAY OFF= 19g� 201P�Y p& GERRIE A. ANDERSON . Q. * * Notary Public NO TAR PUBLIC FOR THE STATE OF TEXAS vy STATE OF TEXAS 9lEOF�} My Comm.Exp.08/19/98 DATE OF LICENSE EXPIRATION SUBSCRIBED AND SWORN TO THIS DAY OF 19 20"PRY P& GERRIE A. ANDERSON Notary Public NOT RY PUBLIC FOR THE STATE OF TEXAS �� p5 STATE OF TEXAS 9lFOF My COMM.Exp.08/19198� c7Q Iq 9 DATE OF LICENSE EXPIRATION DIRECT QUESTIONS TO DEVELOPMENT SERVICES STAFF AT (817) 481-0377 FAX NUMBER (817) 424-0545 DEL/VERY ADDRESS CORRESPONDENCE ADDRESS DEVELOPMENT SERVICES DEVELOPMENT SERVICES PLANNING DIVISION PLANNING DIVISION 307 WEST DALLAS ROAD, ROOM 209 P.O. BOX 95104 GRAPEVINE, TX 76051 GRAPEVINE, TX 76099 4 • r -78 3 . dw r } �M s w � x x 3 i 1e y_ e • -16-93 TUE 14: 53 GRANITE MORTGAGE FAX 110. 2144240608 F. 04 SURVEY 11I.AT" TO AI.I. VAR f ES IN°I'ERF.S I I-D IN PREMISf:C SIIRVl-*.t'1:1?: I'his is to certify that I have, thi-elate• made a careful and accutate survey on the ground of litorert% located m No. _2,901_TIIMBL .W.��-o T fiAtl.e in the city of. . . . G RAPE,YINE r��e;�c Lot No. 2.4. Block No. 5 Cit% Block No. or .PA RRA_ L INDA E.5 TA T ES SE C T ION TWO a. ;,,t , ,lcf;t;on to (Ill City of _ GRAPEVINE .. 1exa%. according to the _ plat recorded in Volume ..38a—.I52 Paw 67 N1ar Records TA RAN Tcounty. Icxw. T MBLEWEED TRAIL `T Il �AL FL 00 D �o tNStlRANLE PROGRAM F.I.R.T\A. COMNUN ITY PANEL N0.4BO5 99A S B 30' [3•E. TN(5 PROPERTY 15 16 T NOT IN A FLOOD E7 2' 21.4' PRONE AREA. TUMBLEWEED TR.23 ONE . KRIC a tr• tri ° z x • � cn 0 � T , CASE #BZA.96-06 CITY OF GRAPEVINIE, BENNETT & MARLA LOONEY'" ALL VVRTTTEN CORRESPONDENCE MUST I3E RWEWED BY Z CE NO LATER THAN 5 PM ON FRIDAY; MARCH 29, 19 DErMdum to.R= As (a Property Owner v4thin 2Q0 feet of the subject tract) or (an i ted ci ' � (�p w � (protest) and/or (have the following comments) .} C Print blame, Address, City, Zip, Lot, Block and Subdivision: Signature: Z Phone q-�`� TekphQne: 817-AI- -77 Fax:.$17-424-ms -Mai l rmponses 1.0: 12iract cruestio sId Inn rC$�1�s! L O; Marcy Ratoliff, Planner Marcy Itatoliff, planner Dgmrtment of Development Services Department of Development Services City of Grapevine City of UrVevine P. O. Box 95104 307 W. Dallas Road, Room #209 Grapevine, TX 76M Grapevine, TX 76051 MAR-25-1996 06:26 FROM DFW LINE MAINTENANCE TO 98174240545 P.01 CASE # zA96-06 CITY OF R"EV- N]E BENNE 1 ,. & MARLA LOONEY ALL IVRrrrEN Copju.S oNDENCE1b UST$p No LATER THAN S PM ON MMAY, M' ARCH 295 Pr u � 2 61996 As (a Property owner within 200 feet of the subject tract) or (an ' r ve) (protest) and/or (have the foRowi m comments) , WF l�DLY Print Name, Address, City, Zip, Lot,. Mock and.Subdivision: rat 1��>I��l�, ��01 I�11��1�f1�._,.� ��R• r r L-C)T & R 5' Signature >c Phone#: 8vltij 1 r Mom - t--�` _quest�ia�aSldeliver resr�oo- Marcy Ratctiff, Planner Marcy RaWHff, Planner Dcl;artment of Development Services DCPartrnent of Development Services City of Grapevine City of Grapevine P. O. Box 95104 307 W. Dallas Road, Room #209 Grapevine, TX 76099 Grapevine, TX 76051 MEMORANDUM DEVELOPMENT SERVICES MEMO TO: BOARD OF ZONING ADJUSTMENT FROM: SCOTT WILLIAMS, BUILDING OF MARCY RATCLIFF, PLANNER SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA96-07 KFS, INC. MEETING DATE: MONDAY, APRIL 1, 1996 W � � RECOMMENDATION: ( 1 Staff recommends the Board of Zoning Adjustment appr vetede �qu st to rap vine Comprehensive Zoning Ordinance 82-73 for proposed Lot 1, Block 1, James Keller Addition and addressed as 900 Port America Place as follows: rJ' 1. Section 53.N.2.b., Landscaping Requirements, requires a ten (10) foot wide perimeter landscape area whenever off-street parking or a vehicular use area abuts an adjacent property line. G The proposed variance would allow a deletion of the required ten (10) foot landscape area along the western property line for approximately 255 lineal feet as shown on the plot plan. SPECIAL CONDITION: Staff finds a special condition exists for the request in that this property is a corner lot in an Industrial District and no additional land can be added. The truck loading area needs a minimum 120 feet to maneuver in and out of the property. The applicant has separated the loading area from the required off-street parking which provides safe ingress and egress for both forms of traffic. BACKGROUND INFORMATION: An application was submitted to the Department of Development Services by James F. Keller. SW/kp ' 0:1BZA\96-07.4 h e� Y tl N lV to ern 1.54E AC W � N TR 20 15.IOE5 K TO 2A9A T,2� iR 2, 83-Ul K "A2 K E.4E5 AC i 77A State Hwy, 4 13 P_13 n..-.n R ATI --�— E26 K CU 13.64AC. PK gea�N 05 is9R a U i �F� gm85 _ L TA 2 - GAIN q09, IL72 AC own 4.611aC ,� BZA 96-07 ==e KFS, INC 92 Port America Place. PK E-21AC DFW Y PID eK (STRICT I OP�AC� q0o CO 1R L.I ' �C 25835 2 se,so p`aF�E`D 41 DISTRICT .4 7Al, NS T 93 f RICT T TRICT CT — — — DISTRICT fRICT W. Airfield R d o T ARY T Ti 2 r SE a7. 7 =S2R4 K TA 7 ss8"K /e - OALLAS-TT WtTH AIRPORT PR3"" WM.g�RVEY P�31 GU `• Z89-77 \� ( 7800 Y AC. i N CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT APPLICATION 1 < APPLICANT NAME: James F. Keller ADDRESS: P. 0. Box 612584 CITY/STATE: DFW Airpot, Tx ZIP: 75261 HOME: WORK: 8170488-4115 FAX: 817-488-4115 2. PROPERTY OWNER(S) NAME: Payton,Wright Ford Sales, Inc. 440 W. Highway 114 ADDRESS: CITY/STATE:Grapevein. Tx ZIP-_ 76051 HOME: WORK: 817-481-3531 FAX: 4. STREET ADDRESS AND LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY: (PLEASE ATTACH SURVEY OF THE SUBJECT PROPERTY) Lot 1, Block 1, James Keller Addition to City of Grapevine. -k 5. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET. Landscape regulation Section 53 H2 b perimeter landscaping reouires a 10' wide perimeter landscape area between the edge of the parking area and the adjacent property .line. We want to eliminate approximately 255 lineal feet along 1 450 foot long property line. (The adjoining property is developed and has no landscape buffer. ) -6. STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS WHICH CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCE(S) OR SPECIAL EXCEPTION(S) YOU ARE REQUESTING. EXAMPLES OF SPECIAL CONDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, ELEVATIONS, IRREGULAR LOT OR TRACT SHAPES, ETC. THE BOARD OF ZONING ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE REQUEST. The applicant will comply with the 10' perimeter landscape requirements on the east property line; make the east parking with driveway and sidewalk the minimum required. Truck traffic to access the docks require a minimum driving depth of 1201 , which is the length of our building to the west property line. Without the variance of eliminating the 10' landscape in front of the truck docks, this project will note be feasible to build. 7. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES: (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. 8. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PICTURES NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.) APPLICANT (PRINT OR TYPE .Tames F4 Keller APPLICANT SIGNATUR -= F- �&a OWNER (PRINT) Payton-Wright Ford Sales, Inc. OWNER SIGNATUR ' 6 SUBSCRIBED AND SWORN TO THISz �DAY OF <=--�7 ,-- 19 � ,t"Srr PARI CA Notary M L t f Notarytary Public 7 STATE OF TEXAS NOTARY PUBLIC FOR E STATE OF TEXAS OF My Comm.ExP.02/11/97 A - /] DATE OF LICENSE EXPIRATION SUBSCRIBED AND SWORN TO THIS)cc��,,jj,,�� _DAY OF<I=_— 19""6t!p "4Y f�iTCHEIL Lam— PAM � ) Notary P, NOTARY PUBLIC F THE STAT OF TEXAS STATEF TEY�S Cc�'Ga XA OF � ✓i '_ � �� •02/11/s7 DATE OF LICENSE EXPIRATION DIRECT QUESTIONS TO DEVELOPMENT SERVICES STAFF AT (817) 481-0377 FAX NUMBER (817) 424-0545 DELIVERY ADDRESS CORRESPONDENCE ADDRESS DEVELOPMENT SERVICES DEVELOPMENT SERVICES PLANNING DIVISION PLANNING DIVISION 307 WEST DALLAS ROAD, ROOM 209 P.O. BOX 95104 GRAPEVINE, TX 76051 GRAPEVINE, TX 76099 HWY. 114/121 i DFW AIRPORT Ha.m.aL•,xll,.. Dasw APPROACH TO BE ® PROPERTY LINE Etosim DOM r• °'°° MOOIFED FOR tETY ENTRAN( _ _ - - - _ _ _ ® � _ PIPELINES" ® _ _ _ r J PORT AMERICA PLACE ®�+� -'�•a ; 25R �/ \\\��tX6NG 6 �/ \\�DUSTING 00" 4 �a C S B i8 A T ErN H OAR SfT METRO ' ~'J i I/ EXISTING am STORAGE TANKS \1 DIAIR 1Jl(FENCE I STORNE TANG � METER VAULT � PROJECT EJa�►+c t\ (IrATEa) �\ *XR) IK DFW AIRPORT SITE 251 FIRE INrDRANT 4'VALVE VAULT —' FJnX 6' PROPERTY LINE NORTH txi Iso'-4AFENCE 25 N 00.29'36" W 449.86' \``,__ WATER Wu- --o PP — — —1— =EbSi IAE_'rr_�= ..ram— —_.•L-�— — — —Jr— '�-i— pp N.TVI P�TY ------------- - i 0 25°=25'EASEMENT TO 5•CONC PAy1NG WNH. " MILK®w a rs a .c spun n e 1 FUTURE 5•CONC.PAPPR I 'x ENSERCH CORP.VOL 9947, R�.•o a• o. M 13 0 16.O.C.E.M.APPROX. J3 0 16.O C E 1.APPROX 1 PAGE 2348 •'�° •° ., 14 S.F. 988 1y35 SF.� I Mx¢an w Too 4 n.[ - - ... .......- ......I 1t - ............... 1 + - - 4•aw-DRANIs 0 Is*AGE FLIAE I 1 10 P SP WITH1�J,. I ,A--i- Pp LONE9:01 TARS � APPROX.0 S.F.O.GLN. I i 1 TIP. 9 T N 10 P SPA 6 SP I 5 FLnX SPACES i I i [JOStY4G 6 Al ftE15F0 DOCK pUYNTDY A 1 i I i LEOUE�ST AS PER OWNERS --`----�--------' ---i , � CFWI6JNK FENCE 3-7-96 RE 8•WATER LIE FOR 4•CONC.SIDEWALK 1111}I FUTURE 4•CONC.90E11AIX 1 1 j I FIRE SPRMER SOM 13 0 18.OXLW.APPROX 1/3 0 18.O.CEM.,APPROX IL 21'-9 3 4• 1,760 S.F. 225 S.F. _O• 1 I _41 2•WATER LONE FOR t i III III I I ( DOMESTIC SERVICE I 1 , Il (y q I N PROPOSED BUILDING ; U -I i 350. x 100' (35,000 S.F.) EXPANSION � 1 d � s OFFICE and WAREHOUSE (a�500 sFa 0J U �( 100% SPRINKLED wA �ousE I iY ;� cco " tIl I`�' ki PROPOSED USE -AIR FREIGHT FORWARDING:WAREHOUSE N IOOX SPRt®�" I N u (� 1 WITH SUPPORT OFFICES AND STAFF 1 1 1 IL 0 `o i Ftfi11RE DOCK ODORS FUTURE MAZE LEVEL 11 4OMWA o ! 1 , c o I' NEW SEWER N I co 1 DOORS� Ii i roi _ i UNE IL 1 cor r 00 ///- !.'I .I I 11 1 t` IT 1 11 I I 1 1 1 1_ "t I 1 11 1 C00 O L.Y�__ Q 11�' •'� 1 11 11 L 1 1 I L I I .1 I I I I I i i I' 1' i. FORT AMERICA!PLACE Q I I �� 1 1 .1- I I I I i I I `I .1 I. 1 1 I 1 I 1 I 1 I I I -1 t i I. ._.1 1 I. FURAE 6•CONp1ElE 'N PAVNG!IH 13 0 14° d 1 Z 1 .I I 1 I- i t - 1 1 I 1. � I I 1 O.CLw'• I O.CE.�,APPRO11WFlY I I 1 i l l I 1 1- i JI 1 1 1 1 I I .-1 I - I I'-1 11 -I 'I a = 1 25'R 25 - . I1 28tR- 24•41 I C I, I I I 1 I 'I I I I I I t I - I 1 I I i. I i t 1 J 1 I 1 '.i 1.1 I I J t 1Y I iY jI I j1 IY j1 IY jI IY I 1Y j1 IY :j1 IY jI iY 1 1Y j1 'IY i1. it I IY j1 IY ji i I IY jI 1Y j! i N0FCr11 1 -l I I I R L J L J L J L J L J; L J L J L J L J L J L J L .J L J. L J L J L J L J L J _ ...... --------. -_...... ..................... r - t _ ."-'_ _.-.":. .-""'• -" ......_.. -'..... .......: .....::.. i 24'FRETANE i R I 1 , NORTH AIRFIELD DR I 1 - ' . F - -- - - PYRAMID � K iI BUILDING SYST€MS, INC. 1 I t I1 i 6'CONC PAVING WmSWfl LOCATO M `F9W.srKke B i 13 0 14- . , Worth. N.T.S. i C i r------- -- ----- ------------- -- -- 1" = 20'-0" 1 -- -- -- ---- - ----------- PP PPI - -- ---- - ------------ -- --- - �- -- -- �- 1 KF , Inc. 20° 10° 0° 10' 20° 40° —— — — — — — — — —� — —ETaSi.6'TDUER tkE— — � — — — — — � ---�$ DO°29'45"_E-_ 449.92'--_ _ AIR FREIGHT SERVICES GRAPHIC SCALE EXfSTING N PARKING I EbSi1NG APPUGUgN FOR VAIBANCE FOR EXISTING 6' FUTURE 6•CONC PAVING SCREE M FENCE 1'-0•AL10yE 1 FRE tiYDRAM OF tA1815fi1PE BIITFR SUBLITIE0 26 1996 O NNUNI(FENCE 13 0 14.O.CLN_ OUMPSTER.NOT TO EUCEFD 8-0. APPROX.455 S.F. (SOUR REDWOOD F(NCE) - OfFSTREET PARKING REQUIREMENTS GRAPEVINE, TEXAS - CONSTRUCTION NOTES - SITE DATA TOTAL LOT AREA - 125,800 S.F. -APPLICANT - LEGAL DESCRIPTION REQUIRED SPACES - 1 PER 3.F S.F. S.OFFICE AREA+ 5 All THE REQUIREMENTS Of THE GRAPEVINE BLDG. HEIGHT TOTAL BUILDING AREA FLOOR AREA RATIO TOTAL IMPERVIOUS AREA TOTAL OPEN SPACE AREA TOTAL BLDG. k PAVED AREA JAMES F.KELLER LOT 1, BLOCK 1 SITE PLAN 10,000 S.f./300 S.F.+ 5 = 38 SPACES SOIL EROSION CONTROL ORDINANCE SHALL . I PROPOSED FUTURE ; PROPOSED FUTURE PROPOSED , FUTURE PRQPOSED FUTURE PROPOSED FUTURE PROPOSED FUTURE 756 PORT AMERICA PL SUITE 700 JAMES KELLER ADDITION TO CU96-08 SP96-15 m SPACES PROVIDED - 40 SPACES MET DURING THE PERIOD OF CONSTRUCTION. GRAPEVINE, TEXAS 16051 THE CITY Of GRAPEVINE � ALL SIGNAGE WILL BE BUILDING MOUNTED, ; REQUIRED i-STORY i i-STORY 62,900 S.F. 62,900 S.F. 50X MAX. SQX MAX. 85X MAX. 85% MAX. 15% 15% 1 85% 85% (817) 488-4115 TARRANT COUNTY, TEXAS SCALE r-m-0 W I BACK-UT SIGNS AND MEET THE REQUIREMENTS 50 FT. 50 FT. j 18,870 S.F. 18-870 S.F, 106,930 S.F. , 106,930 S.F. - OWNER - STREET ADDRESS r1aolEcr OF SECTION 60, SIGN REGULATIONS. 1-STORY 1-STORY 47 1% 50.4% 20.1% 16.7% 74.8% ' 82.2% 1 JIMMY PAYTON 1D°06 Z PROVIDED 1 35,D00 S.F.'40,000 S.F. 27.8% 31.8% _ PRESENT USE 9f PROPERTY O DISABLED PERSON PARKING WILL BE DESIGNED 32 FT. 32 FT. 59,192 S.F. j 63,452 S.F. ; 25,250 S.F. 20,990 S.F. 94,192 S.F. 103,452 S.F. PAYTON-ARIGHT FORD SALES, INC. a 2s�a ACCORDING 10 CHAPTER 23, SECTION 23-64 _ - VACANT THROUGH 23-69 OF THE CODE OF ORDINANCES 440 W.HIGHWAY 114 Dnnww GRAPEVINE, TEXAS 76051 - ZONING CLASSLFICATK)NJMW WO n MEMORANDUM DEVELOPMENT SERVICES MEMO TO: BOARD OF ZONING ADJUSTMENT FROM: SCOTT WILLIAMS, BUILDING OF CIA MARCY RATCLIFF, PLANNER 4 SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA96-08 PAYTON-WRIGHT FORD n MEETING DATE: MONDAY, APRIL 1, 1996`�� J �- RECOMMENDATION: Staff recommends the Board of Zoning Adjustment approve the request to Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 1 R-1, Block 1 R, Payton-Wright Addition and addressed as 440 West State Highway 114 as follows: Section 43.E.3., Nonconforming Uses and Structures, which allows the Board of Zoning Adjustment to approve the remodeling or enlargement of a nonconforming use. D The proposed special exception would allow an expansion to the existing nonconforming_metal auto maintenance shop. If the expansion is approved,the existing nonconforming building will expand 1,230 square feet as shown on the site plan. SPECIAL CONDITION: Staff finds a special condition exists for the request in that the enlargement would not tend to prolong the life of the existing nonconforming structure. The expansion area is to the right rear side of the property and will not be highly visible from the front or rear. BACKGROUND INFORMATION: An application was submitted to the Department of Development Services by Mike Ware. - 14 C OAKA196-08.4 '� TRICT SCE SHT 2126-160 TMT CU92-23 -. - V :TRKT Jai.. Iv 7... u NP N I B 81-1 p STRICT Z92-09 x ❑ hCT cc a x •V RMkY ICT DISTRICT li li �e, x ,r u >• . n > I z acf• .. CT > P( RICT zz.•.Ac u u Nv s v RICTRKT q�i CN r u ,• c ' • Qr r ' oe. u Ac n 4MCRCIAL DISTRICT `J>•« 1' ,> > r '• u3 , q2a a a� RCIAL DISTRICT • N6 C • 511 i•rx _ DISTRICT • 4 1z x K -. U _ICE DISTRICT 89 , VINE ST G CIS TRKT CU94-31 � OFFICE DISTRICT CU9 AL DISTRICT sTRCr lJli Cu -05 P I PO f ^ RICT >A x x CC C 9_5 �� Z87-01 : >e z zs z :. z r •�: 0 1s i Te'i i _m RICT 1l.ti Ac css>• CU91-i �Q. I „ 1v z n r r 3810• x a u K eTRICT ouonRv NjER O 5 — _ GE PIE TR wN iir wP , BZA 96-08 - .2 -" CU94-07 �, -2 -w` a2a03 ,,s. PAYTON-WRIGHT FORD \j,J u a ` 6 o ppLE ur• Cj�Q CU9x22tt---23 U93� z_tt4"�89 (L S • e 4 S C a G ER LN P- T}PS�� vb9 T I r u 1r r u u , r r rRsj1 ry Qix9A•19 C , gLK CC 283 07 c�9 ,�o cues-io „ r •r z CU93-02 1 z s s c CdaO CU93-10 47,z,- • > • 13 CU9 8 C,CGyl. J (� rzc Ac s• s s 1z s \�� 6 14 11 Ix 11 r 1 •T n .7 t Q �s�j� • c 11 7583 txf Ti. ` n 2 � ppc>p T • > > > r > 90 _ Aql` CU87-0T ' x x s c >t • • • s v 86 cua3A10 HC Q SJq� sre o 1 S GN •K H C o`J�q� e u36 c o" I Q 2 '( NQ K u•c X o 0o J' +r Z BQN x l3$ SU91-03 1 �•y az• �> CU93-14 i PO CU9 -20 . NC C c CU94-17 CU92-14 /' an H TR z C I �J/, ® � 9 80A 1 1c¢ Z9 - q U U PY 'S QOS 94 ).B•R�E'1 CU94-26 ' SQ-gap oFY CU94-1010 7 2 IR CU9 -12 CU94-22 lei .31>r 1 , r . 2 ROP`QG 1 ^X , 1 CU94-12 i.eK , ,ai9•[ 1.ver N: 8,35 CU93-16 i ' 6 Tp�, 'r9 CU94-24 Icc! QO CU94-23 ' ZyVt `O� •, GU ,•. i 293-04 ' I � 11-10 e 7 009 1AC. GINGMPRK i u: r i » SU94-02 I /�/� ' / roc 1.1, N i aq,z Ac I , I x S.lfi � SCALE 1" 500' SEE SHT 2126-•52 DAi; iNIT rE SAS COMPILED 8r DATA OBTNNEO FROM•WINCE-u— -- -- ORAPESAL AND THE TARRANT City OF APPRAISAL asrTt,cT. {/V• ZOHV,C CLASSiFKAigNS ewSED OH ZON4HC -- _ MAP DATE FROM THE Clir OF ORAPEVaE OArEp O /® DAP DAER,1992. I _ -- — l01 ANO BLOCK I160RMAT,Of1 eASEO ON DATA FROM THE TAR(tANT A?PRNSN,aSTRKi AS OF FEBRUARY 13.1992 TARR NT APPRNSAL DsTR,cT DATA FROM OCTOBER t992 WERE USED FOR PREPnRnT,OH OF Of•' NRPOPT LOT N0 BLOCK --- ------ •+FOR—TIpN. . 02-08-1996 03:53PM FROM Grapevine Comm.Dev. TO 94243884 P,02 U � l CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT APPLICATION 1. APPLICANT NAME-- M1 f4A% LlA?e _ ADDRESS: OU w 1� CITY/STATE: L '�� ^�� 'x zip: l S� HOME: WORK:421,, 13�S �L FAX: 4 2LI,385 2. PROPERTY OWNER(S) NAME• PR-4t-b j - /t) ADDRESS: -4 4—,o CITY/STATE: 6�ti I&A - r l x ZIP: O HOME: WORK: "� �'� 3 FAX: 4. STREET ADDRESS AND LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY: (PLEASE ATTACH SURVEY OF THE SUBJECT PROPERTY) 4 L--bT 5. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET. r i r ryA I'a� u 4'f 6 02-08-199G 03:54PIl FROM Grapevine Conwi.Dev. TO 94243884 P-03 6. STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS WHICH CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCE(S) OR SPECIAL EXCEPTION(S) YOU ARE REQUESTING. EXAMPLES OF SPECIAL CONDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, ELEVATIONS, IRREGULAR LOT OR TRACT SHAPES, ETC. THE BOARD OF ZONING ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE REQUEST. (A)o 0 V--o L-( To AIDS (J��W C-111A- e)( LS-11 Thl j2rop-o V L ax\J Wo�.d nJ a. agloAC a� M U C h or\ 7. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES: (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. 02-08-1996 03:5MI FROM Grapevine Comm.Dev. TO 94243884 P.04 8. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PICTURES NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.) APPLICANT (PRINT OR T k KA5 U844,-, APPLICANT SIGNATURE-714, 7-OWNER (PRINT)----- el,—Cyj OWNER SIGNATURE-, 10 M644 121 \j SUBSCRIBED AND SWORN TO THIS DAY OF TIM L LANCASTER notary Public,Stsm d Tomil My Commasm EOM Jmv.52L NOTARY PUBLIC FOR T E;STATE OF TEXAS - //Z 7/z?- -7 DATE OF LICER-SE EXPIRATION SUBSCRIBED AND SWORN TO THIS DAY OF TIM L LANCASTER NOTARY PUBLIC FOR THE STATE OF TEXAS Mary Public,Stsft of Tana, My Commiuioa EzOm UL 27,19 1-1 /Z- DATE OF LICENSE EXPIRATION DIRECT QUESTIONS TO DEVELOPMENT SERVICES STAFF AT (817) 481-0377 FAX NUMBER (817) 424-0545 DELIVERY ADDRESS CORRESPONDENCE ADDRESS DEVELOPMENT SERVICES DEVELOPMENT SERVICES PLANNING DIVISION PLANNING DIVISION 307 WEST DA LLA S ROAD, ROOM 209 P.O. BOX 95104 GRAPEVINE, TX 76051 GRAPEVINE, TX 76099 \ o o� Q\ O � o ��O O 1 O_�}try ( O S d. Y-W ®•a♦u 0 20 40 d0 fir 7LT Ed'[- 10.40• S 8 ' 23' 49"\E — 455.3 �'°"'"` � S 89' 28' 36" E 316.24' \ / •� d 00'74•4Y[« dJ.dt• M Wtl.OOOt1,N tUR. A-idi M'Yt•id' d7.46' >I 4 S 'J i \I A-1J1 FIRE LANE ------ - - PRSTMCO i1i rm LANE (STRIPED pq ------------- r Err•� �s cs 2 S 1 mot— 47.89' E �j I , o IoI 111 i I I I I I I I a -+ Q �tr 04i h�, IW i N 28 t 4` i E 6 FIRE LANE -- 4 - ¢ p N --EXISiTNC .Y N O\ S O`� !' O'� I W 8 I to Y.9{1 28"* (PROPOSED ADD-ON) I I t yp'CC�Q�O.ydO 1 13�Occ-♦9�, y (9.204.50�S�F.) � i a�. Z I w I , t L6 ` N O W I ^ •• ° j. NOTES FOR CONSTRUCTION: I 2.8'f 1 W 1 rvc V�rr a �} trI ® 15' ADD ON TO EXISTING AUTO-MAINTENANCE SHOP P 1E 1 w O ® ENCLOSE OPEN DISPLAY AREA WITH CLASS �• 1` c� - n i I I I I I I I I I ENCLOSE OPEN DISPLAY AREA WITH CLASS. �4 z (�J tts i 25'j 28`t 5 j1� 40f C S y ! N 11 I 1IS anc tea • qId [ 1 rr 1 lE1DS // 1 •1 i 8 C(,DRA'E1VwY / � I Y ■orw� _.. SEp / / lg4L EXIST. P O B - .N ev _ sY E« 197.78' r ""� erc nc«a - /W I r+�•i N 87 4G• 54' E••' e�NC. FLUME OT / 8' WIDE CONC. FLU _ I 25° RAD. s4wr M eotcc. • 1 3Z° R 148240• 1 3 e• W OWNER/DEVELOPER: �" s• , s i PAYTON-WRIGHT PROPERTIES a.I STATE a 1d- ARINER w, �440�TE HI" Y11N. 4 IIIEST EWY. 1 1 4 WEST d-Kdd. �PE�•,EXAS 76051 I Exrs,; ,2. \ (817)481-3SM lit \ EXIST. FH �„ N SITE PLAN OmONAL E APPUCATION 006 CASE NO �t CASE NO. SP96-13 NOTES: BElLA[t ST. SITE PLAN CASE NO. BZA96-08�! Q 1) TOTAL SITE ACREAGE 7.003 ACRES CITY OF GRAPEVINE TEXAS :2 OF 2) REQUIRED OFF-STREET PARKING 153 SPACES PAYTON—WRIGHT N 3) DESIGNATED OFF-STREET PARKING w SPACES LOT 1 R— 1 BLOCK 1 R 5 A D D I Ti O N 4) DISPLAY PARKING 40 SPACES PLAN r�0 P AYT O N —W R I G H T ADDITION 5) PRESENT ZONING CLASSIFICATION He*- SITE PLAN F HIGHWAY COMMERCIAL STATE HWY 114 WEST RECORDED IN CABINET A, SLIDE 1693, DATED 5-6-95 6) PRESENT USE - AUTOMOBILE DEALERSHIP LOT 1 R- 1 , BLOCK 1 R 7) DESIGNATED LAND USE PER COMPREHENSIVE CITY OF GRAPEVINE , TARRANT COUNTY, TEXAS MASTER PLAN - COMMERCIAL LAND USE Jee Na 515-E98 Ddt« MARCH, 1996 8) STANDARD PARKING SPACE 9' X 18' 4mr g% WAE or WA.E VICINITY MAP 9) HANDICAP PARKING SPACE IVX 18' xd« 1- _ NTS 10) BOARD OF ZONING ADJUSTMENT APPLICATION BZA95-12 APPROVED AS A SPECIAL EXCEPTION ELLIOTT It HUGHES,INC. ALLOWING THE EXISTING DEVELOPMENT TO REMAIN a� AS DEVELOPED. tom easT M.W. toot[n4 n Ao" MARCH 1996 9..tN I K I Sh—t, «w�ncv�v�crvara�...ow " �CISti� F�.rn�a Ll : O Cl 17mrrillildlil lliil' �� H V) V = O10 NEW GO t4'o WtNtl J Q W N SOUTH ELEVATION � o- CI- M I ou, 0 � c � N C9 co I � � � Ll EAST ELEV16'TION �OF�SED ExI5lirtG � +—TT-1 I, 1 I --- (-1 Q Q C� p l i _ r NEu/ 3=o"c70" i \III EEWN-IOK F�aroSED SToR�FRONr GLASS 6NCLDSURE PP SED Sjb F N( GLASS ENCLDSUI;E. O Q r W _- - � >- L _-_- - - - 3 �_ z O Ljj r < a �V_i i hC7 Stba FFi�i7ri i — SOUTH ELEVATION! Ste Plan of c«,aroa al use Apoiuibm an"S.SN&6 axi BZM&.W. 2 oF_2 MEMORANDUM DEVELOPMENT SERVICES MEMO TO: BOARD OF ZONING ADJUSTMENT FROM: SCOTT WILLIAMS, BUILDING O L� MARCY RATCLIFF, PLANNER�R, SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA96-09 CITY OF GRAPEVINE/HERITAGE PARK MEETING FACILITY MEETING DATE: MONDAY, APRIL 1, 1996 RECOMMENDATION: Staff recommends the Board of Zoning Adjustment approve the requests to Grapevine PI` Comprehensive Zoning Ordinance 82-73 for Track 10J1, A. Foster Survey, Abstract 518 and addressed as 411 Ball Street as follows: 1 . Section 20.J., "R-TH" Townhouse District Regulations gu ations prohibits the location of required off-street parking in the required front yard setback. The proposed variance would allow the off-street parking to encroach a maximum of twentv (20) feet into the required twenty-five (25) foot required front yard. If approved, it would allow a five (5) foot front yard setback SPECIAL CONDITION: Staff finds a special condition exists for the request. The applicant is attempting to provide adequate parking facilities for maximum occupancy for the meeting center. The proposed parking lot is located in an area with the few amount of trees, in effort to mitigate tree removal. BACKGROUND INFORMATION: An application was submitted to the Department of Development Services by Doug Evans, City of Grapevine Parks and Recreation Director. This facility will provide meeting rooms for civic groups, wedding and baby showers and receptions. SW/kp 0ABZAM-09.4 CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT APPLICATION 1. APPLICANT NAME- nni iijFvans, nirp„rtnr ParJ�_and RPr_rAatinnj'itv�nf Cmppuin@ ADDRESS: P 0 Box 95104 CITY/STATE: Grapevine 71P• 76099 HOME: WORK: FAX: 2. PROPERTY OWNER(S) NAME: Trent Pettu,City Mana9Pr,City of rranPvinP ADDRESS: P 0 Box 9.15104 CITY/STATE:rratnPvinP 71P• 7PQ,99 HOME: WORK: FAX: 4. STREET ADDRESS AND LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY: (PLEASE ATTACH SURVEY OF THE SUBJECT PROPERTY) 411 Ball Street, Tract 1OJ, A. Foster Survey, A-518 1 Poal nPccrintin�n At_tnnhtwi 5. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET. bu i 'r v: 0 n c v-C) k fY10`X i M I A,m '\ 6 (n roy� & 6. STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS WHICH CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCE(S) OR SPECIAL EXCEPTION(S) YOU ARE REQUESTING. EXAMPLES OF SPECIAL CONDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, ELEVATIONS, IRREGULAR LOT OR TRACT SHAPES, ETC. - THE BOARD OF ZONING ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE REQUEST. 4" rtmnJLW 61 rQ wcr-kl%n a tic 2. v a A,, r\4 2w14k L 7. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES: (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. 8. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PICTURES NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.) APPLICANT (PRINT OR TYPE) Dm irl Fvans, Dirprtnr, Park-q anri Rprrpatinn APPLICANT SIGNATURE OWNER (PRINT)- Trpnt PPtt3/ City_Manager OWNER SIGNATURE- - SUBSCRIBED AND SWORN TO THIS DAY OF 19 NOTARY PUBLIC FOR THE STATE OF TEXAS DATE OF LICENSE EXPIRATION SUBSCRIBED AND SWORN TO THIS DAY OF 19 NOTARY PUBLIC FOR THE STATE OF TEXA DATE OF LICENSE EXPIRATION DIRECT QUESTIONS TO DEVELOPMENT SERVICES STAFF AT (817) 481-0377 FAX NUMBER (817) 424-0545 DELIVERY ADDRESS CORRESPONDENCE ADDRESS DEVELOPMENT SERVICES DEVELOPMENT SERVICES PLANNING DIVISION PLANNING DIVISION 307 WEST DALLAS ROAD, ROOM 209 P.O. BOX 95104 GRAPEVINE, TX 76051 GRAPEVINE, TX 76099 R MOO 08:52 rA\ 214 235 9544 Pacheco Koch Consult Eng + � � - - Grapevine fit' Dep U005 y ,i f, .,! •, .(rjam''+ ' _. � � i L( �. r mna m t� — r.acw ;' .. • O1•... 2y9 J im ov It co �t 7 - �. , I !, � ��\'[gym..ei � `°'�r•�Y a� •'t�e" !`r �r rs.a....; � `•� .�` �. r 1 ,7 -7 l ' F ..fir ' 48 TOTAL SPACES = 03-22'51" _ !121.95' 33.11' 66.20' > � r f-- — ,.•ron• :- \� I +c ` �, w ram,• •yK .-__.._ , ,� t MEMORANDUM DEVELOPMENT SERVICE MEMO TO: BOARD OF ZONING ADJUSTMENT FROM: SCOTT WILLIAMS, BUILDING OFF CIAN�/ MARCY RATCLIFF, PLANNER SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #$ZA96-10 MEMORIAL BAPTIST CHURCH MEETING DATE: MONDAY, APRIL 1, 1996 3 G - RECOMMENDATION: Staff recommends the Board of Zoning Adjustment consider the first request, and d� ' deny the-96'Cond request to Grapevine Comprehensive Zoning Ordinance 82-73 for Lot ��o ck 1, Memorial Baptist Church Addition and addressed as 3000 William D. Tate t� venue as follows: —o - �/ 0 1 . Section 15.1.1., "R-7.55" Single Family strict Regulations allows a maximum ilding height of thirty-five (35) feet above average grade. l� The proposed variance would allow the building to exceed the maximum height by nineteen (19) feet, and if approved would allow a building height of fifty:�cr four (54) feet above average grade as shown on the site plan. Section 56.A.2., Off-Street Parking Requirements, requires that each parking � space have a minimum size of nine (9) feet by eighteen (19) feet for angular or 7 head-in parking. '4'`�=` The proposed variance would allow the a reduction of two (2) feet to the minimum eighteen (18) foot parking space length, and if approved, would allow all parking spaces to be sixteen (16) feet in length as shown on the site plan. SPECIAL CONDITION: Staff finds no special condition exists for first request. However, Staff feels that r � " the Board should consider the subsjantial setback from all property lines. Staff finds no special condition for the second request, and feels that a reduction in parking ,, space size would have a negative impact on site circulation and could result in damage A4-4v a-' fry to the landscaping due to the proposed vehicular overhang. -- BACKGROUND INFORMATION: Ana application was submitted to the Department of Develo men ervices by H den pp p p t S y Tally, representing Memorial Baptist Church. The proposed development is the firstK'4 phase in a multi-phase master plan. A cG�cr - , S �1`- BZA 96-10 n K o N MEMORIALBAPTISTCHURCH c rw Sn E R-7 K • • � ct ort Siµ -� Z91-O7 _ _ ) { 7 . • D w n 121 123 /Rt•+CTOr.-GR�PEy t 70t D. 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APPLICANT NAME: Ha den Tally. James Langford Archit ADDRESS:- 3838 Oak Lawn, Suite 504 CITY/STATE:Dallas, Texas ZIP: 75219 HOME: 214 350 5901 WORK: 214.520 9210 FAX: 214 520 9271 2. PROPERTY OWNER(S) NAME- Memorial Baptist Church ADDRESS: 3100 Timberline CITY/STATE:Grapevine, Texas ZIP: 76051 HOME: 817 488 8533 WORK: same FAX: 817 488 9586 4. STREET ADDRESS AND LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY: (PLEASE ATTACH SURVEY OF THE SUBJECT PROPERTY) Plat approved December 19, 1995 - Not filed at this time. 5. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET. Requesting variance to section 15 - I to increase the height allowance from 35 ' to the limits shown on the attachments. Also requesting variance to section 56-A2 to allow parking space modifications shown on the attachments. 6. STATE THE GROUNDS FOR THE REQUEST AND 1 Y4 1 ONDITIONS WHICH CAUSE HARDSHIPS THAT IN YOUR OPINI F-Y�WHE V ( NCE(S) OR SPECIAL EXCEPTION(S) YOU ARE REQUESTING. E PLES NDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, VATIONS R LOT OR I TRACT SHAPES, ETC. THE BOARD OF ZONING A MENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE REQUEST. Allow the curb to act as wheel stop to increase landscape area for tree replacement associated 'with tree removal permit TR96-01 approved February 20 , 1996. This modification also reduces stormwater runoff by increasing the amount of permeable ground surfaces which is a-factorwith the steep slopes on this site. 7. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES: (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. The size and scope of the site and project relative to adiacent properties is unique, The "campus" nature of the overall concept plan and the distance of these facilities from other properties diminishes the issue of height and its potential impact on other property owners. 8. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PICTURES NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIAN4. 9 IN(NIA rIFIED TTE BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCE .1 14 W6 APPLICANT (PRINT OR TYPE) H41de APPLICANT SIGNATURE .V v OWNER (PRINT) Memorial Baptist Churz �; , OWNER SIGNATURE )d, i SUBSCRIBED AND SWORN TO THIS DAY OF 19 A 7 'Y y T.G. HUSSEY fA ic _BLIC17GK THE�"TE OF TEXAS lictary Ntft NOTARY PU STAT"a CF TEXAS 0/ Nly Cvmm.irr-p.CS, /10/993 6 - lo -9e DATE OF LICENSE EXPIRATION SUBSCRIBED AND SWORN TO THIS DAY OF 1 9� W. W, be,: WNY T.G. HUSSEY Votary BLIC FO STATE OF TEXAS' ..STATE OF TEXAS cr MY ckmm.Ebo.W10/98 e., YR DATE OF LICENSE EXPIRATION DIRECT QUESTIONS TO DEVELOPMENT SERVICES STAFF AT (817) 481-0377 FAX NUMBER (817) 424-0545 DELIVERY ADDRESS CORRESPONDENCE ADDRESS DEVELOPMENT SERVICES D E VEL 0 PMEN T SERVICES PLANNING DIVISION PLANNING DIVISION 307 WEST DALLAS ROAD, ROOM 209 P.O. BOX 95104 GRAPEVINE, 7X 76051 GRAPEVINE, 7X 76099 i W aVja �� ttAJ r Y ti r e - E 4 / V 1 1 A-iK , i i I i E w i I y" U i � � � � IiIIT[TT-f-TTD L-LIW Cb o g g = _ - + O o o X v`Di U') LO bS'tSS s o bS'tiSS LO 0018 NOiivona3 Q 3 + + + + z 0 0 o a0 uj co uj Lq Z cn cD Ix Q + Li o o 00 d mU CL LO r� z <,Lr) a- zD. � W cO z Qf ca QDO + N N 0 unn co 0 O v + Un �i 0 co a,a'uJ u1 � �*(D n 0), uJ �r �in to v' � uuu �iu zzaa 000v� F-QQ w-j_joo -J W W W z z w Li F-:D m J JQF"'" LLJ Fn W W�Z Qw�i0Q r. " ��E ! � k � � d�§ �§ q2 � - : � � §�§ f | � � � �/ � �� /»} � ` f � ! I ! � f . 7 k | � �.� : � . � � / � � � &\ � �° \2 + � \� . : � � � � . � � . : � � . | � � ! \\ � � � j . / ; � � } q } � � m � � ^ } � : } � \ \ \ } � _\ \_ �. / � \ r . � ƒ � } 1 0 0 on i From : BEE & MARTY ANDERSON PHONE No. : 817 949 2143 Mar.24 1996 1:lOPf1 Pot • ASH CrFY OF GRAPEYM I MEMOMAL BAff LST CHURCIT ALL WRIWEN CORRI;SPONDE rTCEMUST.BF,RE,C NO LATER MM 5 PM ON NRIDA'Y, MARCH 299 61996 2 Prcu�twhrrw to Re�nond: As property Owner within 200 feet of the subject tract) or (an in PICVtCA 40c r (have the f'0110w[ttg couN3cnts) 7" �1 �77 rr .� •�rn T W/CC- �nClz.�a95 Voe, ha t r Te Bic, ?r/Q-rr � �v 2 fir- l�r- 3 �� E- 11C.f2�-r4 ��t..P��. � ��I� � YL_. �2CS•� . (-�G�C_,� G' . GU2 f i ?_C .r- `T• ,br i- �`�.?.�:,l.D.cLS �f�'� �.f�.�'�= `�� ..�7�i�k•�i�tJ �/1 �i(3,CrY� Wig7t:r btld c 7)//L�e'� iWm T j p Cfl � (11�C:7C.• / }(G7- or-- GU/L. L20 ear �vlc.-r /ll� 7 do v tzc ��2 711 /5 Off" a�AQ �/0.�.e,� Print Name, Address, City, Zip, Lot, Block and Subdivision:_rd- Vo ��v�Z►sc. 6R.9o£ Off- THi�'t,, fir' dfz, 'acoaV, -it- l (0551614ij QAK5 a 17 Y 7#: (~-�'3 Signature. � 1 phone s� Telep one; 8,X 7-481-0377 Fax; 817424-0545 Mau=Pomm IQ; Alice# Q ee 3a►..nstdeRyer M 4, i Marcy Ratcliff, Planner Marcy Ratcliff, Planner Department of Development Services Department of Development Services City of Grapevine City of Grapevine P. O. Box 95104 307 W. Dallas Road, Room #209 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening, December 4, 1995, at 6:00 P.M. in the Council Chambers, Room #205, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Chris Coy Chairman Ery Meyer Secretary Randy Howell Vice-Chairman Carl Hecht Member Dennis Luers 1 st Alternate constituting a quorum. Also present was Councilman Gil Traverse and the following City Staff: H.T. (Tommy) Hardy Dir. of Development Services Marcy Ratcliff City Planner Scott Williams Building Official Teresa Wallace Planning Secretary CALL TO ORDER Chairman Chris Coy called the meeting to order at 6:00 P.M. OLD BUSINESS BZA95-34 - KINGSWAY HOMES First for the Board of Zoning Adjustment to consider was BZA95-34 submitted by Bob Agar representing Kingsway Homes who requested a variance for Lot 8, Block 1, Green Meadow Estates and addressed as 3014 Cloverdale Court. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 15.G.2., "R-7.5" Single Family District Regulations which requires a twenty five (25) foot rear yard setback. The variance request is to allow an eighteen (18) foot encroachment into the required twenty five (25) foot rear yard setback as shown on the plot plan. If approved, it would allow a seven (7) foot rear yard setback. An application was submitted to the Department of Development Services by Bob Agar representing Kingsway Homes. The applicant is proposing to develop a single family home on the vacant cul-de-sac lot. The Board of Zoning Adjustment, at the applicant's request, tabled action on the application until December 4, 1995. Staff BZA Minutes 12/04/95 has met with the applicant twice since the November 6, 1995 meeting to discuss possibilities. The applicant has requested his application be tabled to the January 8, 1996 meeting to allow him additional time to design another house plan for the lot. Ery Meyer moved to table BZA95-34 to January 8, 1996. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Hecht, Howell, and Luers Nays: None NEW BUSINESS BZA95-39 - CYNDI POWELL The next item for the Board of Zoning Adjustment to consider was BZA95-39 submitted by Cyndi Powell, Realtor, who requested a variance for Lot 2413-1, Lake Forest Addition, specifically addressed as 3404 Lakeridge Drive. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 42.D., Supplementary District Regulations requires a side yard setback equal to the front yard setback, except on corner lots adjacent to a segment of a side street upon which no property fronts. The proposed variance would allow a nine (9) foot encroachment into the required thirty (30) foot side yard setback for the existing house. If approved, it would allow a twenty one (21) foot side yard setback for the existing house on the corner along Forest Hills Road as shown on the plot plan. An application was submitted to the Department of Development Services by Realtor Cyndi Powell. The encroachment was noted on the closing survey when the house was recently sold. The variance request was filed as a requirement of closing the loan to clear the encumbrance on the title. Scott Williams, Building Official, explained Staff found a special condition for the request. The structure was built in 1970 prior to the requirement of setback inspections, therefore, the encroachment is not the fault of the owner. The applicant was made aware of the building line encroachment when the closing survey was received on the property. With no guests to speak, Randy Howell moved to close the public hearing. Carl Hecht seconded the motion which prevailed by the following vote: 2 BZA Minutes 12/04/95 Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None Following a brief discussion, Randy Howell moved that a special condition exists and that being the structure was built in 1970 prior to implementation of a building line setback inspection therefore the encroachment is not the fault of the owner. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None Randy Howell moved to grant the variance for Lot 2411-1, Lake Forest Addition, addressed as 3404 Lakeridge Drive, to allow a nine (9) foot encroachment into the required thirty (30) foot side yard setback allowing a twenty one (21) foot side yard setback for the existing house on the corner along Forest Hills Road as shown on the plot plan. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None BZA95-40 - SPEED-FAB CRETE Next for the Board of Zoning Adjustment to consider was BZA95-40 submitted by Ron Hamm of Speed Fab-Crete for Jerry Pittman who requested a special exception and variances for Lot 1R, Block 1, Lakeview Plaza, addressed as 1705 West Northwest Highway. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73 as follows: Section 68.H.3., Board of Zoning Adjustment requirements allows the Board to hear and decide special exceptions to the terms of this Ordinance upon which literal enforcement of the provision of this Ordinance will result in unnecessary hardship, so that the spirit of this Ordinance shall be observed and substantial justice done. The proposed special exception would allow the existing structures located in the front half of the property to remain as currently developed. If approved, the existing development would remain as shown on the site plan. Section 27.1.1., "P-O" Professional Office District Regulations limits buildings contiguous to a "R-20", "R-12.5", "R-7.5", Single Family District to no more than twenty (20) feet or one story in height. 3 BZA Minutes 12/04/95 The proposed variance would allow a ten (10) foot variance to the twenty (20) foot or one (1) story maximum building height requirement. If approved, it would allow a two story building with a maximum building height of thirty (30) feet at the rear of the property as shown on the site plan. Section 53.H:2.b., Landscaping Requirements require a ten (10) foot wide perimeter landscape area whenever an off street parking or vehicular use area abuts an adjacent property line. The proposed variance would allow a ten (10) foot encroachment into the required ten (10) foot perimeter landscaping, approximately 160 linear feet along the eastern property line at the rear. If approved, it would allow a zero (0) foot perimeter landscaped area as shown on the site plan. Marcy Ratcliff, Planner, explained the applicant was proposing to develop a two (2) story 40,000 square foot building at the rear of the existing development known as Lakeview Plaza. The original building permit for the existing structures was issued on February 5, 1985. Marcy Ratcliff, Planner, explained Staff finds a special condition exists to allow the special exception for the existing structures to remain as currently developed because the structures were developed in accordance with all the zoning regulations required at that time. Staff finds a special condition for the variance request to the height regulation because the property was on inall lanned to be developed in a similar manner. One-third of the property proper overed by an existing lake and the applicant is trying to preserve this Staff also finds a special condition for the perimeter landscaping along the back eastern property line because the landscaping would cause the proposed parking to encroach the existing approved driving lane and 24 hour emergency/utility easement by ten (10) feet. Additionally, the perimeter landscaping would not allow the proposed parking to align with the existing parking along the eastern property line. Ron Hamm of Speed Fab-Crete, 2506 Vanderbilt Court, Rowlett Texas, was present to respond to questions relative to the request. Concerns were addressed regarding the exterior appearance of the second building of the development and if it would compliment the existing building. Jerry Pittman, 346 Pebblebrook Drive, Grapevine Texas, stated the structure would be concrete tilt wall, perhaps with a granite exterior and exposed aggregate finish. Concerns were also addressed regarding the height of the building adjacent to residential property. 4 BZA Minutes 12/04/95 Mr. P.W. McCallum, 1800 West Wall Street, was sworn in to speak to the request. Mr. McCallum stated he owned the acreage behind the proposed development which he is moving and restoring an historic home. He told the board he has no objection to the request to allow a two story structure. Chairman Chris Coy stated two (2) property owner responses had been received in favor of the request. Randy Howell moved to close the public hearing. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None After a brief discussion, Carl Hecht moved that a special condition exists for a special exception to allow the existing development to remain as developed because the property was developed in accordance with all the zoning requirements at that time. A special condition exists to allow the variance to the height regulation because the property was originally planned to be developed in a similar manner. A special condition exists to allow the variance to the perimeter landscaping along the back eastern property line because the landscaping would cause the proposed parking to encroach the existing approved driving lane and 24 hour emergency/utility easement by 10 feet. Additionally, the perimeter landscaping would not allow the proposed parking to align with the existing parking along the eastern property line. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None Carl Hecht moved, with a second by Ery Meyer to approve the special exception and variances for Lot 1R, Block 1, Lakeview Plaza, addressed as 1705 West Northwest Highway to allow the existing structures located in the front half of the property to remain as currently developed allowing the existing development to remain as shown on the site plan; to allow a ten (10) foot variance to the twenty (20) foot or one (1) story maximum height requirement allowing a two (2) story building with a maximum building height of thirty (30) feet at the rear of the property as shown on the site plan; to allow a ten (10) foot encroachment into the required ten (10) foot perimeter landscaping approximately 160 linear feet along the eastern property line at the rear allowing a zero (0) foot perimeter landscaped area as shown on the site plan. Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None 5 BZA Minutes 12/04/95 BZA95-41 - PHILIP MORLEY Next for the Board of Zoning Adjustment to consider was BZA95-41 submitted by Philip Morley for Suzanne Eisenstark who requested a variance for Lot 1, Block 1, Wall Street Addition and addressed as 967 West Wall Street. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73 as follows: Section 53.H.2.a., Landscaping Requirements require a fifteen (15) foot perimeter landscaped area whenever an off-street parking or vehicular use area abuts a public right-of-way. The proposed variance would allow a seven and one-half (7 1/2') foot reduction; and, an eleven and one-half (11 1/2') foot reduction to the required fifteen (15') foot perimeter landscaping adjacent to the parking spaces along the west property line and Blevins Street. If approved, it would allow a perimeter landscaped area of seven and one-half (7 1/2') foot; and, a three and one-half (3 1/2') foot buffer adjacent to the parking spaces along Blevins Street as shown on the concept plan. Section 53.H.2.b., Landscaping Requirements require a ten (10) foot perimeter landscaped area whenever an off-street parking or vehicular use area abuts an adjacent property line. The proposed variance would allow a reduction of three foot one inch (3'1 "); and, a three foot (3') reduction to the required ten foot perimeter landscaping along the eastern property line adjacent to the parking spaces. If approved, it would allow a six foot and eleven inch (6'11"); and, a seven foot (7') perimeter landscape area adjacent to the east property line as shown on the concept plan. Marcy Ratcliff, explained an application was submitted to the Department of Development Services by Philip Morley for Suzanne Eisenstark after submitting a final plat. In the plat review process she was made aware of the right-of-way dedication requirement for Wall and Blevins Street. She found the reduction in the size of her lot would make it difficult to meet the parking requirements for a 4,999 square foot office building due to the reduced width of the property. Marcy Ratcliff stated Staff finds a special condition exists for the variance request and that being the lot is only 104 feet wide after right-of-way dedication, and the applicant is providing the required number of off-street parking spaces. The applicant is also trying to save as many of the existing trees as possible on the lot. The applicant could move the building closer to Wall Street, but that would not allow any 6 BZA Minutes 12/04/95 more room for the development of additional parking spaces. Suzanne Eisenstark was introduced to speak to the request. Suzanne Eisenstark, 4712 Briarcroft, Grapevine, Texas, explained that in her meeting with Public Works Staff she was informed that additional right-of-way would be needed from her lot to allow for the widening of Wall Street and Blevins Street as shown on the Master Thoroughfare Plan. She met with her architect Philip Morley to discuss the reduction of her lot size and how it would effect her development. She said after they met with Marcy Ratcliff in Development Services it was decided to move the building farther back on the lot which would also allow her to save six trees in the front yard creating 44% open space on the property. However, moving the location of the building would require variances for landscaping of the off-street parking areas. Phil Morley, Morley Architects, responded to questions relative to the topography of the lot and any expected grading. He said the lot was fairly flat and there was no expected grading required on the property. With no other guests to speak to the request, Dennis Luers moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None Members discussed the future widening of Wall and Blevins Street on the shown on the Master Thoroughfare Plan and the impact on the subject property. Ery Meyer moved that a special condition exists for the request and that being the lot is only 104 feet wide after right-of-way dedication and the applicant is providing the required off-street parking. The applicant is also trying to save as many of the existing trees as possible on the lot. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None Ery Meyer moved, with a second by Carl Hecht, to approve the variance to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 53.H.2.a. and Section 53.H.2.b. to allow a reduction of seven and one-half feet (7 1/2'); and, an eleven and one-half feet (11 1/2') reduction to the required fifteen (15') foot perimeter landscaping adjacent to the parking spaces along west property line and Blevins Street allowing a perimeter landscaped area of seven and one-half feet (7 1/2') and a three and one-half (3 1/2') foot buffer adjacent to the parking spaces along Blevins Street as shown on the concept plan; and to allow a reduction of three feet and one inch 7 BZA Minutes 12/04/95 (3'1 "), and, a reduction of three (3') foot to the required ten (10) foot perimeter landscaping along the eastern property line adjacent to the parking spaces allowing a six foot and eleven inch (6'11"), and, a seven (7') foot perimeter landscape area adjacent to the east property line as shown on the concept plan. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None BZA95-42 - WILLIAM BIGGS Next for the Board of Zoning Adjustment to consider was BZA95-42 submitted by William Biggs who requested a variance for Lot 10, Block 3, South Shore Acres, addressed as 985 Harber Avenue. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 42.D., Supplementary District Regulations requires a side yard setback equal to the front yard setback, except on corner lots adjacent to a segment of a side street upon which no property fronts. The proposed variance would allow a three (3) foot encroachment into the required fifteen (15) foot side yard setback for the existing house. If approved, it would allow a twelve (12) foot side yard setback for the existing house on the corner along Overlook Drive as shown on the plot plan. An application was submitted to the Department of Development Services by the Homeowner, Mr. William Biggs. Mr. Biggs was notified of the encroachment by the closing survey at time of purchase of the home. The variance request is a requirement of the lender upon closing the loan. Scott Williams, Building Official, explained Staff finds a special condition exists for the variance request. The encroachment is not the fault of the applicant. The house was built in 1972 prior to the requirement for setback inspections by the city. Carl Hecht moved to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None After a brief discussion, Carl Hecht moved that a special condition exists and that being the encroachment is not the fault of the applicant. The house was built in 1972 prior to the requirement for setback inspections. Randy Howell seconded the motion which prevailed by the following vote: 8 BZA Minutes 12/04/95 Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None Carl Hecht moved, with a second by Randy Howell, to approve the variance for Lot 10, Block 3, South Shore Acres, addressed as 985 Harber Avenue to allow a three (3) foot encroachment into the required fifteen (15) foot side yard setback for the existing house allowing a twelve (12) foot side yard setback for the existing house on the corner along Overlook Drive as shown on the plot plan. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None BZA95-43 - RON STURGEON Next for the Board of Zoning Adjustment to consider was BZA95-43 submitted by Ron Sturgeon who requested a variance for Lot 1, Block 2, Crystal Butte, and addressed as 3046 Monument Butte. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 42.D., Supplementary District Regulations requires a side yard setback equal to the front yard setback, except on corner lots adjacent to a segment of a side street upon which no property fronts. The proposed variance would allow a ten (10) foot encroachment into the required thirty (30) foot side yard setback to increase the size of the existing three car garage. If approved, it would allow a twenty (20) foot side yard setback along High Cliff Drive for expansion of the existing as shown on the plot plan. Scott Williams, Building Official, stated an application was submitted to the Department of Development Services by the homeowner, Mr. Ron Sturgeon. The applicant wishes to provide additional indoor parking for all family vehicles. Scott Williams, Building Official, explained Staff finds no special condition for the request. The applicant has an existing three car garage which is comparable to other houses in the area. Staff recommends the Board of Zoning Adjustment deny the request. Mr. Ron Sturgeon, 3046 Monument Butte, was sworn in to address the request. He provided colored photographs to illustrate the unique topography of the lot. He explained that with the unusual rear yard he could not fit a garage. He told the Board that the zoning ordinance did not address the unique problems on his lot. He explained his was the western most house in the "R-20" Single Family subdivision. His neighbors were zoned R-7.5 Single Family. He also described a drainage problem 9 BZA Minutes 12/04/95 on his lot with runoff from neighboring homes. He presented a copy of a letter from a drainage engineer stating his proposed expansion would not affect the drainage in the area. He also stated that his proposed garage expansion would not harm the adjacent neighbors view. He read a letter favorable to his request from Planning and Zoning Commissioner, Steve Stamos. He asked that the Board grant his request. Mr. Bill Bailey, 3072 High Cliff, spoke in favor of the request. Board members expressed concerns about the number of cars he was attempting to park in the garage. Also addressed were concerns stated by neighbors that it appeared they were running a business from the residence. Members inquired whether there would be another location on the property to build a garage. Mr. Sturgeon told the members he had a passion for automobiles. He and his wife had two vehicles each and he had two children at home that each have a car. He explained he was in the automobile salvage business and he did have a Texas Dealers license for the vehicles, but he was not running a business or selling cars from the residence. Mr. Bill Bailey again addressed the Board stating his driveway was in line with Mr. Sturgeon's driveway and they did not have a problem backing out of the driveways into the street. Chairman Chris Coy stated there were three letters of approval and three letters of protest received. Randy Howell moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None After a lengthy discussion, Mr. Sturgeon offered a compromise to the Board requesting to allow a 6 foot encroachment in to the required side yard for the face of the garage. Members addressed the concerns of the drainage on the lot but could not find a special condition for the request. Carl Hecht moved that a special condition did not exist for the request because there were other locations in the yard that would accommodate a garage. Ery Meyer seconded the motion which was denied by the following vote: Ayes: Meyer, Howell, Hecht, and Luers Nays: Coy 10 BZA Minutes 12/04/95 BZA95-31 - DANNY GUEST Next for the Board of Zoning Adjustment to consider was BZA95-31 submitted by Danny Guest who is appealing a decision made by Tommy Hardy, Director of Development Services concerning the operation of a truck and trailer rental use at 804 East Northwest Highway. Section - 68.H., Board of Zoning Adjustment regulations states the powers of the Board includes the ability to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the City in the enforcement of the Zoning Ordinance. The appeal, if approved, would allow a truck and trailer rental use to legally operate at 804 East Northwest Highway. Tommy Hardy, Director of Development Services, explained that almost a year ago, Mr. Danny Guest consulted the Planning Staff concerning the possibility of operating a truck and trailer rental business at property he occupies as a used car dealership at 804 East Northwest Highway. He was advised by Marcy Ratcliff, Planner, that a truck and trailer lease use requires a conditional use permit approved by City Council. Some time afterward, Staff noticed Mr. Guest had begun operation of a truck and trailer rental business without Council's approval. Mr. Guest was issued a notice of the zoning violation by the Code Enforcement Officer on February 23, 1995. Mr. Guest was issued a citation on February 24, 1995, for failing to comply with the February 23, 1995 notice. Several citations were issued to Mr. Guest advising him of the violation, until he filed his Board of Zoning Adjustment case September 19, 1995. In reviewing the records of the subject address, Staff was unable to determine the exact date Mr. Guest started his operation as a used car lot at 804 East Northwest Highway. Mr. Guest states he started his used car lot operation in 1981 . At that time the used car business was classified as "C-2" Community Business District under Appendix A Zoning Ordinance. The "C-2", Community Business district did not allow a truck and trailer rental use in 1981. The permitted uses changed as a result of the City Wide Rezoning in 1984 when the property was rezoned from "C-2", Community Business District to "HC", Highway Commercial District on May 3, 1984. The "HC" Highway Commercial District in 1984 allowed truck and trailer rental as a permitted use, however no use is vested until a Certificate of Occupancy is issued by the City. Mr. Guest was required to submit a Certificate of Occupancy Request stating his proposed change in use to be authorized as a truck and trailer rental use. Staff has 11 BZA Minutes 12/04/95 researched the Certificate of Occupancy Requests issued since May 3, 1984 to present date and have found no record of a Certificate of Occupancy issued for a change in use at 804 E. Northwest Highway. Both the Appendix A Zoning Ordinance and Appendix D Zoning Ordinance require a Certificate of Occupancy before any building or land can be used or changed in use. On July 15, 1986, the City Council, amended the "HC", Highway Commercial District to require truck and trailer rental as a conditional use permit. Mr. Hardy related that Mr. Guest has stated in his application that he knowingly illegally operated a truck and trailer rental business before the 1984 City Rezoning. He contends he became a legal use with the 1984 City Rezoning because the Highway Commercial District allowed truck and trailer rental as a permitted use. He also contends he became a legal nonconforming use with the amendments to the Highway Commercial District on July 15, 1986. Staff and the City Attorney do not agree with Mr. Guest's contentions since he never received a Certificate of Occupancy proving there was ever a truck and trailer rental use at 804 East Northwest Highway. Mr. Hardy told the Board that being a permitted use in a district does not vest rights to a property owner. At any time one proposes to use property, or proposes to change the use of a property, a certificate of occupancy must be obtained. A certificate of occupancy is a very significant document issued by the City of Grapevine. A certificate of occupancy is the result of a comprehensive review process of zoning regulations, fire codes, building codes, and all the requirements imposed by the City of Grapevine before one can occupy any property for any use. Mr. Hardy told the Board Staff based their decision on the evidence and the documentation submitted by the applicant to date. Staff recommends the Board uphold the findings that at no time did the applicant have a legal right to occupy the property as a permitted use from May 3, 1984 to July 15, 1986 because a certificate of occupancy was never issued to the applicant at that time. Mr. Guest was never vested as a nonconforming use during that period. A conditional use permit would have to be approved after July 15, 1986 to allow truck and trailer rental. To date he has not filed any applications to go before the Council. Tommy Hardy, responded to questions from the Board relative to the outcome of the jury trial mentioned in a letter received from the City Attorney regarding 15 citations that were to be heard in Grapevine Municipal Court September 21, 1995. He explained the proceedings were postponed as a requirement of law. Once an application has been filed with the Board of Zoning Adjustment the City must cease all action against the applicants. The proceedings will not be heard until action is taken by this Board. Mr. Hardy responded to other questions relative to utility service to the subject property and the certificate of occupancy on record being a used car lot. Members expressed concern that Mr. Guest had not even filed for a conditional 12 BZA Minutes 12/04/95 use permit. Mr. Stan Knight, 5956 Sherry Lane, Dallas,Texas, Attorney representing the applicant told the members they were present to file an appeal to Mr. Hardy's decision that Mr. Guest does not have nonconforming rights to operate a truck and trailer rental business at his present location. Mr. Knight commented that a special condition would not be required in this request of appeal because the application is for termination of error. He told the Board that nonconforming rights are the same as grandfather rights. Mr. Knight explained nonconforming rights describes a use that was at one time legal but can not now be established because of a change in the zoning ordinance. He maintained that-Mr. Guest,has been renting trucks and trailers at the subject property since 1981 to present date and the use has been in continuous operation since that time. Mr. Knight submitted a certified copy of Ordinance 84-16 which he states provides the use was a legal use, and Ordinance 84-21 which rezoned the subject property to "HC" Highway Commercial District. Mr. Knight continued to address the Board confirming Mr. Guest had been renting trucks and trailers at that location since 1981 and presented rental receipts as documentation. Mr. Knight stated the last rental was May 28, 1995 and he did not dispute Mr. Guest was still in business. He also stated earlier this year Mr. Guest had changed to Ryder Trucks because it was easier to provide repair and maintenance. However, Ryder Truck rental receipts are in book form and it was not possible to copy the books. Addressing Staff comments, Mr. Knight began by saying that recognition of Mr. Guest's nonconforming rights was based on his failure to get a certificate of occupancy. Referring to documentation included in the agenda packet, Mr. Knight directed attention to Section 14, Certificate of occupancy and compliance requirements of Appendix A enacted as part of Ordinance 70-10 adopted on April 7, 1970, which states "No building, or portion thereof, hereafter erected, converted, or altered shall be used or changed in use until a certificate of occupancy and compliance shall have been issued by the building inspector of the City of Grapevine". A certified copy was presented to the Board. Mr. Knight contended the building has not been erected, converted, or altered after April 7, 1970. He told the Board Mr. Guest would testify to the fact that the property had not been erected, altered, modified or converted since 1970. His contention was that a certificate of occupancy was not required under Ordinance 14-100 and staff could not require something that was not required by ordinance. Further, he stated that Section 64.A. of Ordinance 82-73 would not require a certificate of occupancy because the building had not been erected, modified or altered, and no building permit had ever been taken issued for this building because there have been changes since 1981. Again, he stated Mr. Guest had been the occupant of the building since 1981 and contends there had been no change in occupancy or use since that time. In reference to the agenda memo, he submitted that a certificate of occupancy is not required to vest rights on property. 13 BZA Minutes 12/04/95 In summation, he continued to maintain that the truck trailer rental use was an allowed use, and that Mr. Guest was in business at the time it was an allowed use and the business has continued to be a legal nonconforming use; legal at one point and continuous operation are the requirements for a nonconforming use. He stated he did not believe the certificate of occupancy applies in this case because of the wording used in the ordinance. Mr. Danny Guest, 2004 Lachman Court, Arlington, Texas, was sworn in to address the request. He stated he leased the property in March of 1981 . Further, he explained the building has not been changed since the 1960's when the residence was converted to a business property. He told the Board that nothing had been added, deleted, or changed on the property since he leased it in 1981. Further, he stated that he has always rented trucks at the location since 1981. He corrected Mr. Knight that the franchise was U-Haul not Ryder Trucks. He says the recent change to renting U-Haul trucks was merely a business decision based on the fact that U-Haul takes care of all the repair on their equipment. He said there has been no break in the business just because he took on the U-Haul franchise. He reiterated that he had no idea until 1995 that renting trucks from his location was not allowed. He says he was never told until the code enforcement officer spoke to him regarding the U-Haul trucks. After visiting with Will Wickman, former City Councilman, he spoke to Marcy Ratcliff, who provided all the documentation he would need to apply for a conditional use request. He maintains that since he has been operating a truck rental business for fourteen years at his used car lot and he did not see the problem so he contacted an attorney. He responded to questions from the Board relative to the use of the property before he leased it and whether a certificate of occupancy was obtained for the property when he initially began operations. Stan Knight, Attorney, reiterated their position that Mr. Guest had been renting trucks from that location since 1981 and that the use has not changed. He said whether Mr. Guest had a certificate of occupancy or not has no bearing on his nonconforming rights. He also contended that many businesses operated in 1981 without benefit of a certificate of occupancy. Mr. Knight stated that not having a certificate of occupancy does not prohibit you from having nonconforming rights in the State of Texas. He asked the Board to overturn Mr. Hardy's decision that Mr. Guest did not have nonconforming rights to rent trucks and trailers at his location. Chairman Chris Coy asked Tommy Hardy to explain the process of granting a certificate of occupancy. In response, Mr. Hardy stated a certificate of occupancy is required on a new building, or when the occupancy or use changes on any property. An application is required for a certificate of occupancy which details the use of the property. The Building Official, Fire Department, and Building Inspector review the applications and the physical property to determine if the property is zoned correctly 14 BZA Minutes 12/04/95 and meets all of the building and fire safety codes. Mr. Hardy also stated he did not know when the requirement for a certificate of occupancy for utility service was enacted. Further, he stated he came to the City of Grapevine in 1981 and many of the ordinances were not being enforced at that time. However, Mr. Guest has admitted in his application that he knew he had operated an illegal use on the property. Mr. Hardy stated that he had been enforcing municipal law for 21 years and a certificate of occupancy has.been the standard to review how a property is going to be used, not just how a property is zoned, but all aspect of how the zoning regulations apply. Mr. Hardy stated that he differed with Mr. Stan Knight in that Section 64 did require a certificate of occupancy to use land or change uses of property. Even the building code requirements state you must have a certificate of occupancy. Mr. Stan Lowry, 1700 West Pioneer, Irving,Texas, Attorney for the City of Grapevine was sworn in to respond to questions. Ery Meyer inquired if the property had been used as a real estate office in 1970 when Ordinance 14-100 was adopted and if he changed the use in 1981 would a certificate of occupancy be required. Mr. Lowry stated a certificate of occupancy would be required. Mr. Knight argued that Ordinance 14-100 did not apply to Mr. Guest because he did not change the property. Mr. Hardy, again stated that even if Ordinance 14-100 did not apply to Mr. Guest, the operation was not a permitted use in the zoning district in 1981. He stated that the city had no documented evidence submitted by the applicant that described the type of operation he was running at that location. It became obvious when the U-Haul trucks appeared at that location. Mr. Hardy stated even if Staff had been aware Mr. Guest was operating a truck rental business from that location prior to noticing the U-Haul trucks on his property,we would still be at the same point we are at this time. Staff would have contacted Mr. Guest and informed him what he would have to Rio to accomplish the type of use he is currently conducting. Mr. Gust would still have needed Council approval for the use as he would today. He would still have been required to have a certificate of occupancy because he was changing the use of the land. Members asked Mr. Guest why he would choose not to go before Council with his request to operate a truck rental business. In response, Mr. Guest stated he did not believe he was changing the business in any way other than he had been operating since 1981 . He maintained he had vested rights to lease trucks at the location and did not see a change in use. Members discussed the U-Haul franchise that had attempted to locate at several locations along Northwest Highway. In every case they were instructed they must go through the conditional use process to allow the use in the Highway Commercial District. Mr. Hardy told the Board the City has been trying to clean up the Northwest Highway corridor and have been enforcing the ordinance to accomplish this goal. 15 BZA Minutes 12/04/95 In response to questions regarding state law versus city law on vested rights, Stan Lowry, told the Board he knows of no state law which prohibits a certificate of occupancy being used in conjunction with city zoning. Authority is given to the city by state law to enact zoning ordinances. Tommy Hardy, Director of Development Services requested that rental records and certified copies of ordinances presented by Mr. Guest and his attorney Stan Knight be submitted to the secretary for the record. Members discussed the change in use in 1981 from a real estate office to a used car lot which would have required a certificate of occupancy to determine use on the property and nonconforming rights. Members agreed to uphold the decision by Tommy Hardy, Director of Development Services, to require Mr. Guest to apply for a conditional use to operate the truck rental business at that location. Carl Hecht moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None Carl Hecht moved to uphold the decision by Tommy Hardy, Director of Development Services that Mr. Guest was operating an illegal truck and trailer rental business at 804 East Northwest Highway. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None MINUTES - OCTOBER 2 1995 Next for the Board to consider were the minutes of the October 2, 1995 meeting. Ery Meyer moved, with a second by Randy Howell, to approve the minutes of the October 2, 1995 meeting which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None MINUTES - NOVEMBER 6 1995 Next for the Board to consider were the minutes of the November 6, 1995 meeting. Ery Meyer, with a second by Carl Hecht, moved to approve the minutes of November 6, 1995 which prevailed by the following vote: 16 BZA Minutes 12/04/95 Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None MISCELLANEOUS REPORTS AND/OR DISCUSSION Staff discussed new development in the City of Grapevine with the Board. Tommy Hardy encouraged board members to try the new Tinseltown movie theater which recently opened. ADJOURNMENT With no further discussion, Ery Meyer made a motion to adjourn. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, and Luers Nays: None The meeting was adjourned at 8:10 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 1ST DAY OF APRIL, 1996. APPROVED: CHAIRMAN ATTEST: SECRETARY 17 ► V v STATE OF TEXAS COUNTY OF TARRANT � CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening, March 4, 1996, at 6:00 P.M. in the Council Chambers, Room #205, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Chris Coy Chairman Ery Meyer Secretary Randy Howell Vice-Chairman Carl Hecht Member Jill Davis Member Dennis Luers 1 st Alternate constituting a quorum. Also present was Councilman Gil Traverse and the following City Staff: Scott Williams Building Official Marcy Ratcliff City Planner Teresa Wallace Planning Secretary CALL TO ORDER Chairman Chris Coy called the meeting to order at 6:00 P.M. NEW BUSINESS BZA96-01 - PHIL SALYER The next item for the Board of Zoning Adjustment to consider was BZA96-01 submitted by Phil Salyer who requested a variance for Lot 1, Block 1, Wildwood Crossing Addition, specifically addressed as 1102 Skyline Court. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 42.F.5., Supplementary District Regulations state that the face (door) of a private garage, either attached or detached shall not be located closer than twenty (20) feet to any side or rear lot line in any residential district. The proposed variance would allow a garage to be placed so that the face (door) encroaches five (5) feet into the required twenty (20) foot side setback. If approved, it would allow the garage to be placed so that the face (door) is fifteen 0 5) feet from the side lot line. An application was submitted to the Department of Development Services by Phil Salyer representing Salyer and Associates. BZA Minutes 3/04/96 Scott Williams, Building Official, explained Staff found a special condition for the request in that it would be difficult to construct a rear entry garage, due to the location of an existing storm inlet. A twenty (20) foot side setback would be possible, but would restrict the habitable area of house. Mr. Phil Salyer was not present at the hearing to represent his request. Mr. Williams, Building Official, stated he personally informed Mr. Salyer of the meeting, date and time. He also stated that he told Mr. Salyer he needed to be there to explain the reasoning behind his decision to change the location of the garage after the building permit had been issued. No letters of correspondence were received. With no other guests to speak, Carl Hecht moved to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None Board Members questioned why a building permit was issued when the house was not in accordance with the zoning ordinance. Mr. Williams replied that when the plans were submitted and permit was issued, the house showed a rear entry garage with a driveway that complied. At the time of the foundation inspection, nothing indicated the plans had changed. The change of plans was found during subsequent inspections. The inspector noted that changes had been made without City approval. After submitting the application for Board of Zoning Adjustment, Mr. Salyer was allowed to continue with the understanding that he would have to comply with the outcome of the hearing. Mr. Salyer was informed that he would have to alter the structure to comply. Scott Williams recommended that the Board of Zoning Adjustment table the request. Board members discussed that it was necessary for the applicant or someone representing the case be present to answer questions relative to the request. Following the discussion, Ery Meyer moved to table the hearing to April 1, 1996. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None 2 BZA Minutes 3/04/96 BZA96-02 - HAMMACK & RICHARDS Next for the Board of Adjustment to consider was BZA96-02 submitted by Bobbie Hammack and Pam Richards who requested variances for Tract 911031-1, Abstract 518, A. Foster Survey, and addressed as 901 West Texas Street. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 15.G.1., "R-7.5" Single Family District Regulations require a thirty (30) foot front yard setback. The proposed variance would allow a five (5) foot encroachment for the proposed house into the thirty (30) foot front yard setback. If approved, it would allow a twenty five (25) foot front yard setback as shown on the plot plan. Section 15.G.2., "R-7.5" Single Family District Regulations require a twenty five (25) foot rear yard setback. The proposed variance would allow an eleven (11) foot encroachment into the required twenty five (25) foot rear yard setback. If approved, it would allow a fourteen (14) foot rear yard setback as shown on the plot plan. Section 15.G.4., "R-7.5" Single Family District Regulations require a sixty five (65) foot lot width. The proposed variance would allow a five (5) foot reduction of the required sixty five (65) foot lot width. If approved, it would allow a lot width of sixty (60) feet. Section 15.G.5., "R-7.5" Single Family District Regulations require a one hundred (100) foot lot depth. The proposed variance would allow an eleven (11) foot reduction of the required one hundred (100) foot lot depth. If approved, it would allow a lot width of eighty (89) feet. Section 15.F.6., "R-7.5" Single Family District Regulations require a minimum floor area not less than twelve hundred (1,200) square feet of floor area. The proposed variance would allow a two (2) foot reduction in the required floor area. If approved, it would allow a floor area of 1,198 square feet. An application was submitted to the Department of Development Services by Bobbie 3 BZA Minutes 3/04/96 Hammack and Pam Richards. Marcy Ratcliff, City Planner, explained Staff found a special condition for the request in that the size of lot can not be increased because of existing adjacent development. The proposed house size is not excessive. The variances proposed are generally conforming to the existing development in the neighborhood. Pam Richards, applicant, was present to answer any questions relative to the case. Lorene Davis, 304 Ball Street, Grapevine,Texas, spoke regarding the lot adjoining the property on the west side. She questioned what was proposed for that lot. She had no objection to the request. Jeff Davis, 304 Ball Street, Grapevine, Texas, spoke regarding an unrelated drainage problem in the area. He recommended curbs and gutters be installed. Mr. Williams, Building Official, explained the Public Works Department will conduct a drainage inspection during the construction phase of the house. He also told Mr. Davis he would forward his comments to the Public Works Department. Randy Howell moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None After a brief discussion, Carl Hecht moved that a special condition exists in that the size of the lot can not be increased because of existing development and the variances proposed are generally conforming to the existing development in the neighborhood. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None Carl Hecht moved, with a second by Ery Meyer, to grant the variance requests to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 15.G.1 ., Section 15.G.2., Section 15.G.4., and Section 15.G.5. and Section 15.F.2. "R-7.5" Single Family District Regulations for Tract 911031-1, Abstract 518, A. Foster Survey, specifically addressed as 901 West Texas Street, to allow a five (5) foot encroachment for the proposed house into the thirty (30) foot front yard setback allowing a twenty-five (25) foot front yard setback; to allow an eleven (11) foot encroachment for the proposed house into the required twenty-five (25) foot rear yard setback allowing a fourteen (14) foot rear yard setback; to allow a five (5) foot reduction to the required sixty-five (65) foot lot width allowing a lot width of sixty (60) feet; to allow an eleven (11) foot reduction of the required one hundred (100) foot depth of lot allowing a lot width of 4 BZA Minutes 3/04/96 eighty-nine (89) feet; and to allow a two (2) foot reduction in the required floor area allowing a floor area of 1,198 square feet. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None BZA96-03 - JAMES LEHNERT Next for the Board of Adjustment to consider was BZA96-03 submitted by James Lehnert who requested variances for Lot 11 BR, Shorecrest Acres and addressed as 1704 Dunn Street. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 15.G.2., "R-7.5" Single Family District Regulations require a twenty five (25) foot rear yard setback. The proposed variance would allow a ten (10) foot encroachment into the required twenty five (25) foot rear yard setback. If approved, it would allow a fifteen (15) foot rear yard setback as shown on the plot plan. Section 15.G.5., "R-7.5" Single Family District Regulations require a one hundred (100) foot lot depth. The proposed variance would allow a twenty (20) foot reduction of the required one hundred (100) foot lot depth. If approved, it would allow a lot depth of eighty (80) feet. An application was submitted to the Department of Development Services by Viola Lehnert. Marcy Ratcliff explained Staff finds a special condition exists for the requests because the lot was platted in 1951 with a twenty five (25) foot front yard set back which met the zoning ordinance requirements at that time. The lot was platted to accommodate a "ranch" style structure, but Grapevine's Ordinance encourages deep lots with a narrow width. Similar variances have been approved by the Board. Rusty Anderson was present to answer any question relative to the case. With no other guests to speak to the request, Carl Hecht moved to close the public hearing. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis and Luers Nays: None 5 BZA Minutes 3/04/96 Carl Hecht moved that a special condition did exist for the request because the lot was platted in 1951 with a twenty-five (25) foot front yard setback which met the zoning ordinance requirements at that time. The lot was platted to accommodate a "ranch" style structure, but Grapevine's Ordinance encourages deep lots with a narrow width. Similar variances have been approved by the Board. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None Carl Hecht moved, with a second by Ery Meyer, to grant the variances to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 15.G.2. and Section 15.G.5., "R-7.5" Single Family District Regulations for Lot 11 BR, Shorecrest Acres Addition, specifically addressed as 1704 Dunn Street, to allow a ten (10) foot encroachment into the required twenty-five (25) foot rear yard setback allowing a fifteen (15) foot rear yard setback; and to allow a twenty (20) foot reduction of the required one hundred (100) foot lot depth allowing a lot depth of eighty (80) feet as shown on the plot plan. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None BZA96-04 - RICHARD PEMBERTON Next for the Board of Adjustment to consider was BZA96-04 submitted by Richard Pemberton who requested variances for Lot 30, Shorecrest Acres, and addressed as 1836 Chris Craft Drive. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 15.G.1., "R-7.5" Single Family District Regulations require a thirty (30) front yard setback. The proposed variance would allow a ten (10) foot encroachment into the required thirty (30) foot front yard setback. If approved, it would allow a twenty (20) foot front yard setback as shown on the plot plan. Section 15.G.2., "R-7.5" Single Family District Regulations require a twenty five (25) foot rear yard setback. The proposed variance would allow a nine (9) foot encroachment into the required twenty five (25) foot rear yard setback. If approved, it would allow a sixteen (16) foot rear yard setback as shown on the plot plan. Mr. Williams explained Staff found a special condition for the requests. The lot was 6 BZA Minutes 3/04/96 platted in 1951 with a twenty five (25) foot front yard setback which met the zoning ordinance requirements at that time. Richard Pemberton, 15710 El Estacado #120-3, Dallas, Texas, stated he was present to answer questions relative to the request. Mr. Pemberton explained that due to the location of the house, he would save trees on the lot, however, Jill Davis noted those trees are not located in the buildable area. The trees were in the required front and rear yards. Mrs. Davis also indicated that she did not feel that tree preservation was a priority for Mr. Pemberton, as his previous projects had the structures placed in close proximity to existing stands of trees. Several Board Members and Councilman Traverse disagreed, stating that their experience had been that trees were not always adversely affected by the nearby placement of structures. Ery Meyer moved to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None Mrs. Ratcliff explained that Staff recommended approval because he meets the spirit of the ordinance. After a brief discussion, Ery Meyer moved that a special condition exists in that the lot was platted in 1951 with a twenty-five (25) foot front yard setback which met the zoning ordinance requirements at that time. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None Ery Meyer moved, with a second by Carl Hecht, to grant the variances to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 15.G.1 . and Section 15.G.2., "R-7.5" Single Family District Regulations for Lot 30, Shorecrest Acres Addition, specifically addressed as 1836 Chris Craft Drive, to allow a ten (10) foot encroachment into the required thirty (30) foot front yard setback allowing a twenty (20) foot front yard setback; and to allow a nine (9) foot encroachment into the required twenty-five (25) foot rear yard setback allowing a sixteen (16) foot rear yard setback as shown on the plot plan. The motion prevailed by the following vote: 7 BZA Minutes 3/04/96 Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None MINUTES Next the Board of Zoning Adjustment considered the minutes of the January 8, 1996, meeting. Ery Meyer moved to approve the minutes of the January 8, 1996 meeting. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None MISCELLANEOUS REPORTS AND/OR DISCUSSION Board Members discussed the progress of the proposed Mills Mall project. Councilman Traverse explained Tax Abatement measures relating to the Mills Project. ADJOURNMENT With no further discussion, Ery Meyer made a motion to adjourn. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None The meeting was adjourned at 7:25 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 1ST DAY OF APRIL, 1996. APPROVED: CHAIRMAN ATTEST: SECRETARY 8 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 1, 1996, at 6:00 P.M. in the Council Chambers, Room #205, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Chris Coy Chairman Ery Meyer Secretary Randy Howell Vice-Chairman Carl Hecht Member Jill Davis Member Dennis Luers 1 st Alternate constituting a quorum. Also present were the following City Staff: Scott Williams Building Official Marcy Ratcliff City Planner Teresa Wallace Planning Secretary CALL TO ORDER Chairman Chris Coy called the meeting to order at 6:00 P.M. OLD BUSINESS BZA96-01 - PHIL SALYER The first item for the Board of Zoning Adjustment to consider was BZA96-01 submitted by Phil Salyer who requested a variance for Lot 1, Block 1, Wildwood Crossing Addition, specifically addressed as 1102 Skyline Court. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 42.F.5., Supplementary District Regulations which states that the face (door) of a private garage, either attached or detached shall not be located closer than twenty (20) feet to any side or rear lot line in any residential district. The proposed variance would allow a garage to be placed so that the face (door) encroaches five (5) feet into the required twenty (20) foot side setback. If approved, BZA Minutes 4/01/96 it would allow the garage to be placed so that the face (door) is fifteen (15) feet from the side lot line. An application was submitted to the Department of Development Services by Phil Salyer representing Salyer and Associates. Scott Williams, Building Official, explained Staff found a special condition for the request in that it would be difficult to construct a rear entry garage, due to the location of an existing storm inlet. A twenty {20) foot side setback would be possible, but would restrict the habitable area of house. Mr. Phil Salyer was present to address questions relative to the request. With no other guests to speak, Ery Meyer moved to close the public hearing. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None Jill Davis asked the Building Official, Mr. Williams, if there was a requirement for driveway setbacks from street intersections. Mr. Williams stated the City Design Standards require twenty-five (25) feet. After a brief discussion, Ery Meyer moved that a special condition did exist and that being it would be difficult to construct a rear entry garage due to the location of an existing storm inlet. Further; he stated a twenty (20) foot side yard setback would be possible but would restrict the habitable area of the house, Jill Davis seconded the motion, with the amendment the original intended driveway placement would have violated the city design standards. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None Ery Meyer moved, with a second by Jill Davis, to grant the variance to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 42.F.5., Supplementary District Regulations for Lot 1, Block 1, Wildwood Crossing Addition, specifically addressed as 1102 Skyline Court, to allow a garage to be placed so that the face (door) encroaches five (5) feet into the required twenty (20) foot side yard setback allowing the garage to be placed so that the face (door) is fifteen (15) feet from the side lot line as shown on the plot plan. The motion prevailed by the following vote: 1' K€; i'' BZA Minutes 4/01/96 Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None BZA96-06 - BENNETT & MARLA LOONEY Next for the Board of Adjustment to consider was BZA96-06 submitted by Bennett and Marla Looney requesting a variance for Lot 24, Block 5, Parra Linda Estates Section Two, specifically addressed as 2901 Tumbleweed Trail. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, as follows: Section 42.F.5., Supplementary District Regulations which requires the face (door) of a private garage, either attached or detached to be located not closer than twenty (20) feet to any side or rear lot line in any residential district. The proposed variance would allow a five (5) foot encroachment into the required twenty (20) foot side yard setback. If approved, it would allow the face (door) of the proposed garage to be built fifteen (15) feet from the side lot line as shown on the plot plan. An application was submitted to the Department of Development Services by Bennett and Marla Looney. Mr. Williams, Building Official, stated Staff became aware of the potential setback problem after reviewing the permit application submitted to construct a new garage on the property. Mr. Williams, Building Official, explained Staff found a special condition for the request in that the'e'xisting garage is setback fifteen (15) feet from the side property line. When the neighborhood was originally developed the twenty (20) foot setback requirement was not in place. A rear entry garage would also require a twenty (20) foot setback which is not possible without elimination of the existing patio. Marla Looney, applicant, showed the Board photographs of their property and other surrounding property illustrating other garages and placement of their driveways which are also setback from the side property lines fifteen (15) to sixteen (16) feet. Also included was a photograph of the existing garage and driveway which will be removed when the new garage is built. Four (4) letters of approval were received. Randy Howell moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote. 3 SS f BZA (Minutes 4/01/96 �i Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None After a brief discussion, Carl Hecht moved that a special condition did exist and that being the new garage will be setback a distance equal to and replacing the existing garage, and if not so placed the garage would interfere with the existing patio. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None Carl Hecht moved, with a second by Randy Howell, to grant the variance request to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 42.F.5., Supplementary District Regulations for Lot 24, Block 5, Parra Linda Estates Section Two, specifically addressed as 2901 Tumbleweed Trail, to allow a five (5) foot encroachment into the required twenty (20) foot side yard setback allowing the face (door) of the proposed garage to be built fifteen (15) feet from the side lot line as shown on the site plan. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None BZA96-07 - KFS INC. Next for the Board of Adjustment to consider was BZA96-07 submitted by James F. Keller who requested a variance for the proposed Lot 1, Block 1, James Keller Addition and to be addressed as 900 Port America Place. The request was to the Grapevine Comprehensive Zoning Ordinance 52-73, as follows: Section 53.H.2.b., Landscaping Requirements which require a ten (10) foot wide perimeter landscape area whenever off-street parking or a vehicular use area abuts an adjacent property line. The proposed variance would allow a deletion of the required ten (10) foot perimeter landscaped area along the western property line approximately 255 lineal feet as shown on the plot plan. Marcy Ratcliff, Planner, explained Staff found a special condition for the request in that the property is a corner lot located in an Industrial District and no additional land can be added. Further, she explained the truck loading area needs a minimum lot depth of 120 feet so trucks can maneuver in and out of the property. The plot plan shows the applicant has separated the loading area from the required off-street parking which provides safe ingress and egress for both types of traffic. 4 BZA Minutes 4/01/96 Using a large colored exhibit of the concept plan, Mrs. Ratcliff explained the location of the off-street parking. She noted the applicant had done a good job in separating large truck traffic from off-street parking instead of allowing mixed parking with unloading areas. One letter of protest was received. Mr. Jim Keller, KFS, Inc. was introduced to respond the questions relative to the request. He noted there will be a combination of tractor trailers, bobtails and street trucks that will be required to utilize specific dock doors. The smaller trucks will use the doors closer in so maneuvering on the property will be easier to negotiate for the larger trucks. With no other guests to speak to the request, Randy Howell moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis and Luers Nays: None Ery Meyer moved that a special condition did exist for the request and that being the property is a corner lot in an Industrial District and no additional land can be added to the development, and the truck loading area needs a minimum of 120 feet to maneuver in and out of the property, and by separating the loading area from the required off-street parking provides safe ingress and egress for both forms of traffic. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays. None Ery Meyer moved, with a second by Carl Hecht, to grant the variance to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 53.H.2.b., Landscaping Requirements for the proposed Lot 1, Block 1, James Keller Addition, to be addressed as 900 Port America Place, to allow a deletion of the required ten (10) foot perimeter landscaped area along the western property line only approximately 255 lineal feet as shown on the plot plan. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None BZA96-08- PAYTON WRIGHT FORD Next for the Board of Adjustment to consider was BZA96-08 submitted by Mike Ware, Kaker and Ware representing Payton Wright Ford requesting a special exception for Lot 113-1, Block 1R, Payton-Wright Addition, addressed as 440 West State 5 BZA Minutes 4/01/96 Highway 114. The request was to the Grapevine Comprehensive Zoning Ordinance - 82-73, as follows. Section 4.3.E.3., Nonconforming Uses and Structures allows the Board of Zoning Adjustment to approve the remodeling or enlargement of a nonconforming use. The proposed special exception would allow an expansion to the existing nonconforming metal auto maintenance shop. If the expansion is approved, the existing nonconforming building will expand 1,230 square feet as shown on the site plan. Marcy Ratcliff, Planner explained Staff found a special condition for the request in that the enlargement would not tend to prolong the life of the existing nonconforming structure. The expansion area is to the right rear side of the property and will not be highly visible from the front or rear of the property. Mike Ware, Kaker and Ware, was present to respond to questions relative to the property owner response requesting the six (6) foot fence required by a previous zone change request be completed before starting the next project. Mrs. Ratcliff explained the First National Bank of Grapevine allowed Payton-Wright Ford to apply for a conditional use permit to allow truck parking on the bank property. The western part of the First National Bank of Grapevine property is developed as a vehicle sales area. A requirement of the zoning request was to provide a six (6) foot wooden fence and landscaping. Mrs. Ratcliff noted the applicant has not installed either to date, but have indicated they will begin in the next week or so. Mike Ware stated the posts have been set but the fence has not been completed at this time. One negative response was received. Mrs. Ratcliff added a conditional use request from Payton Wright will be going before City Council on April 15, 1996. She explained the Zoning Ordinance allowed car sales as a permitted use, but the ordinance was amended and car sales now require conditional use permits. The approval of the special condition to allow the expansion of a nonconforming use is required before the conditional use request can be heard by Council. Carl Hecht moved to close the public hearing. Jill Davis seconded the motion which prevailed by the following vote. Ayes. Coy, Meyer, Howell, Hecht, Davis, and Luers Nays. None After a brief discussion, Carl Hecht moved that a special condition exist and that being the expansion area is to the right rear side of the property and will not be highly visible from the front or rear of the property; and the enlargement would not tend to 6 BZA Minutes 4/01/96 prolong the life of the existing nonconforming structure. Jill Davis seconded the motion which prevailed by the following vote: Ayes. Coy, Meyer, Howell, Hecht, Davis, and Luers Nays. None Carl Hecht moved, with a second by Jill Davis, to grant the variance to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 43.E.3., Nonconforming Uses and Structures for Lot 1 R-11, Block 1 R, Payton-Wright Addition, specifically addressed as 440 West State Highway 114, to allow an expansion to the existing nonconforming metal auto maintenance shop allowing the existing nonconforming building to expand 1,230 square feet as shown on the site plan. The motion prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays- None BZA96-09 - CITY OF GRAPEVINE - HERITAGE PARK MEETING FACILITY Next for the Board of Adjustment to consider was BZA96-09 submitted by Doug Evans, Parks and Recreation Director of the City of Grapevine who submitted a variance request for Tract 10J1 , A. Foster Survey, Abstract 518, and addressed as 411 Ball Street. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73, Section 20.J. "R-TH" Townhouse District to allow parking in the front yard setback. Marcy Ratcliff, Planner, explained the request had been incorrectly advertised and would need to be advertised again before the Board could hear the request. Ery Meyer moved to table the public hearing to May 6, 1996. Jill Davis seconded the motion which prevailed by the following vote: Ayes. Coy, Meyer, Howell, Hecht, Davis and Luers Nays: None BZA96-10- MEMORIAL BAPTIST CHURCH Next for the Board of Adjustment to consider was BZA96-10 submitted by Halden Tally, James Langford Architects, representing Memorial Baptist Church requesting variances for Lot 1, Block 1, Memorial Baptist Church Addition and addressed as 3000 William D. Tate Avenue. The request was to the Grapevine Comprehensive Zoning Ordinance 82-73 as follows: z; i BZA Minutes 1' 4/01/96 Chairman Chris Coy stated that changing the parking space requirement was an issue d Zonin Commission. Mr. Cy that would need to be addressed by the P snChurch request to modify the parking asked Staff to forward the Memorial Bap nning and Zoning Commission for their consideration. space length to the Pla MINUTES - DECEMBER 4 1995 Next for the Board of Zoning Adjustment to consider were the minutes of the December 4, 1995 meeting. Ery Meyer moved to approve the minutes of the December 4, 1996 meeting as the motion which prevailed by the following vote: amended. Carl Hecht seconded Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None MINUTES - MARCH 4 1996 Next for the Board of Zoning Adjustment to consider were the minutes of the March 4, 1996 meeting. Ery Meyer moved to approved the minutes of the March 4, 1996 meeting. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None MISCELLANEOUS REPORTS AND/OR DISCUSSION ew development beginning in Grapevine. Staff gave a brief summary of n Mr. Williams noted that the Mills Project ground breaking is still set for the first week of June 1996. ADJOURNMENT With no further discussion, Randy Howell made a motion to adjourn. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Coy, Meyer, Howell, Hecht, Davis, and Luers Nays: None The meeting was adjourned at 8:00 P.M. 10 I t BZA Minutes 4/01/96 PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 6TH DAY OF MAY, 1996. k { APPROVED: r CHAIRMAN 4— ATTEST. S CRETARY t �1.