Loading...
HomeMy WebLinkAbout1985-03-07AGENDA CITY OF GRAPEVINE, TEXAS IMULAR BOARD OF ZONING ADJUSTMENTS MEETING THURSDAY, MARCH 7, 1985 AT • PM POLICE-LIBRARY BUILDING CONFERENCE ROOM ROOM 204 307 WEST DALLAS ROAD Ii. OATH OF TRUTH III. 01-D BUSINESS Board of Zoning Adjustment to conduct a public hearing relative to BZA 85-04 submitted by Mac and Linda Wilburn and subsequently tabled February 7, 1985, and consideration of same. A. Board of Zoning Adjustment to conduct a public hearing relative to BZA 85-08 submitted by Mr. Ricky McPherson and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to BZA 85-09 submitted by Landmark Homes and consideration of same. C. Board of Zoning Adjustment to conduct a public hearing relative to BZA 85-10 submitted by Mr. George E. Bayless and consideration of same. Board of Zoning Adjustment to review and consider adoption of By-Laws. RAN am 0 0 UTURNIN Board of Zoning Adjustment to consider the Minutes of the meting of January 18, 1985. IN ACCORDANCE WITH APTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE RE)GUIAR BOARD OF ZONING ADJUST till 4TS REGULAR MEETING AGENDA VMS PREPARED AND POSTED ON THIS THE 28TH DAY OF FEBRUARY AT 5 PM. City Secretary The Board of Zoning Adjustment for the City of Grapevine met in regular session on Thursday, March 7, 1985 at 6:00 P.M. in rocm. 204, the Conference Room of the Police-Library Building, 307 West Dallas Road, Grapevine, Texas with the following persons present to wit: Doug Lamb Gerald Thompson Garry Tischler Bill Waldrip Ron Troy Chairman Member Member Member Second Alternate constituting a quorum, with Vice Chairman, Glenn havers and First Alternate, Steve Hall absent, and the following City Staff, to wit: H. T. (Tommy) Hardy Director of Community Development Joy Carroll Administrative Assistant Adrienne Leonard Attorney, City Attorney's Office Jim VanTreese Assistant Building Official Mary Peddycoart Secretary The following guests and spectators were present at this meeting of the Board of Zoning Adjustments: Sharron Spencer Chairman, Planning & Zoning Commission Larry Dismuke Landmark Homes Representative CALL TO ORDER Chairman Lamb called the meeting to order and stated the procedures and purposes of the meting. He also asked that anyone wishing to speak acknowledge their presence. r$ �A i Chairman Ix-urb then issued the "OATH OF TRUTH" to the following persons present wishing to speak at the evening's proceedings: Sharron Spencer, Chairman of the Planning & Zoning Commission Larry Dismuke, Representative of Landmark Homes • RB 16161.2 a i'kN I lazawgua wall, zvowgimmal It I a . . The first order of business for the Board of Zoning Adjustment to consider was that of Mac and Linda Wilburn requesting a variance to the City's sign ordinance. They are requesting a double sided sign be placed at 3020 Hall-Johnson Road to direct potential home buyers to the Woodland Hills Subdivision. This case was originally scheduled to be heard at the February 7, 1985 meting, and was tabled until the March 7, 1985, due to a death in the Wilburn family. It was noted at this time, that no one representing this variance request was present at the meting. One of the members asked the City Staff if the applicants were notified of this hearing. To this the Staff answered, "Yes, the applicants had been notified." Chairman Lamb asked if there were any questions or comments regarding this case. Tommy Hardy pointed out that the Board needed to make a firm decision on this case, as there will be more of this type case. As this particular sign is concerned, they are not permitted under the current ordinance in the City of Grapevine. BZA Minutes March 7, 1985 Page 2. At this point in the meting, Sharron Spencer spoke as Chairman of the Planning and Zoning Commission, in order to give more information to all present with regard to the sign ordinance. Concerning "Off Premises" signs are signs not on the property it is advertising (as in the case of Wilburn and the Landmark Homes case). The height and size of these signs will also be a consideration. Chairman Spencer stated that the Planning and Zoning Commission has not come to a decision as to the number of signs allowed. She further outlined that additions such as Woodland Hills and Landmark Hams almost need the signs in order to advertise their location. However, where do we stop as there are so many new additions, as well as businesses. Chairman Spencer then passed around pictures, she had recently taken in the Fort Worth area, showing what can happen with signs without restrictions. She further stated that there seems to be no concrete answer to this problem as yet. The Planning and Zoning Commission hopes to have an ordinance in sixty (60) days. At this time, Chairman Lamb, asked Chairman Spencer if the Planning and Zoning Commission had cane to any conclusion. Chairman Spencer answered that the Planning and Zoning Commission has a rough draft of the sign ordinance, and that the Committee has a redraft to put before the full Planning and Zoning Commission and then Council. City Council has not seen the sign ordinance rough draft. It was suggested by a member of the Board of Zoning Adjustment that perhaps rather than each and every builder putting up a sign, that one large sign be erected listing all builders in a given area on that one "Off Premise" sign. Chairman Spencer added that "Off Premise is Off Premise" , so as to not discriminate against anyone; which will possibly create another problem as to whether we should only let Grapevine Builders use signs as advertising, or should other community builders, ie, Colleyville Builders, be allowed to advertise, using signs in Grapevine. At this point of the meting, Chairman Laub asked if there were any further questions, thoughts or further comments. There being no further questions or ccmmnts with regard to this case; a motion was made by Gerald Thompson to dismiss the request for a sign variance by Mac and Linda Wilburn for want of prosecution - failure of applicant to appear for the hearing. This motion was seconded by Ron Troy, and prevailed by the following vote: Ayes: Lamb, Thompson, Tischler, Waldrip and Troy Nays: None Absent: Lavers and Hall With regard to this dismissal, Mr. Tommy Hardy, inquired as to whether applicant could come back. Referring to Section 491 of Ordinance 85-16 wherein it states that once denied, applicant cannot come back for one (1) year. Adrienne Leonard noted that in this particular case, since the applicant was not advised of this, that applicant could come back in with request restructured. Ms. Leonard suggested that the Board should incorporate zoning language into Board of Zoning Adjustments rules. The next case to come before the Board of Zoning Adjustments was a request for a variance to the Grapevine Zoning Ordinance regarding sideyard setback requirements, Sect. 9-D-3. This property is located at 3036 Thcms Court, and the variance is requested due to a mortgage company requirement. This variance, if granted, would allow approximately a 1.2 foot extension of the existing garage into the required sideyard. The applicant, Ricky McPherson, was issued the "Oath • Truth" • Chairman Lamb at this tim. Mr. McPherson had arrived at the meting after the BZA Minutes March 7, 1985 Page 3. "Oath of Truth" was given at the beginning of this meting. Mr. McPherson then spoke and advised that these findings were according to the property pins. When the final survey was done, he found that he was encrouching by 2.3 feet. He stated that there is a disagreement between the original survey and the final survey. At this point in the meting, Mr. Tommy Hardy advised that the Board may need to be more lenient on these requests, as they are building more and more houses, and lots are getting closer together and smaller all the time. After further discussion, a motion to grant this variance was made by Bill Waldrip and seconded by Gerald Thompson. The motion prevailed by the following vote: Ayes: Lamb, Norman, Tischler, Waldrip and Troy Nays: None Absent: Deavers and Hall After this variance had been granted, it was recommended by a Member that if a particular builder comes before the Board of Zoning Adjustments too many times with this same circumstance, it would give cause to wonder and for the Board to take a careful look. This application was submitted by Landmark Homes for a variance for property located at 4143 Woodside Knoll, or Lot 26, Block 1 or Countryside Estates. If granted, the variance would allow a 0.5 foot encroachment of an existing garage into the required front yard. This has been requested to meet mortgage company requirements. Speaking for Landmark Homes was Larry DimnAe who reinterated the need for this variance as outlined above. After a brief discussion between the applicant and the members, a motion was made by Gerald Thompson to grant this request for a variance. This motion was seconded by Ron Troy, and prevailed by the following vote: Ayes: Lamb, Thompson, Nays None Absent: Deavers and Hall BZA CASE 85-10 - GEORGE E. Tischler, Waldrip, and Troy The applicant, George E. Bayless of Highland Meadows Properties has submitted an application to place a sign on the property at the corner of State High 26 and Poole Road. The purpose being to direct traffic to homes in Highland Meadows, a subdivision located in Colleyville. The Grapevine Zoning Ordinance does not provide for this type of sign placement. The City Staff point out that there is a letter from the property owner, Dr. Thomas B. Bussey. Dr. Bussey's letter states that he had not given his permission to anyone to place a sign/signs on this property. After a short discussion, a motion was made by Gerald Thompson to deny this request. This motion was seconded by Bill Waldrip; and the motion prevailed to deny by the following vote: Ayes: Lamb, Thompson, Tischler, Waldrip and Troy Nays: None Absent: Deavers and Hall The next order of business for the Board of Zoning Adjustments to consider are the rules and/or by laws governing this board. BZA Minutes March 7, 1985 Page 4. Mr. Gerald Thompson asked for a definition of Article 1,Section 3 C. In response to this question, Ms. Adrienne Leonard of the City Attorney's Office stated the following: The applicant should be advised if the Staff or Board of Zoning Adjustment Member/Members are making an on site inspection. A letter should be sent to all parties advising date and time of said inspection. Five (5) days may not be enough with mailing; the Board may want to increase this to seven (7) days for mailing. The applicant should be aware that there may be an inspection, and that they should be available if they desire to be there at the time of the inspection. It was also discussed at this time, and agreed to, that names and addresses of all present should be recorded at each Board of Zoning Adjustments hearing and should become a part of the minutes of that hearing. The Rules of Procedure of the and of Zoning Adjustment of the City of Grapevine was reviewed by the Board, with suggestions and advice from the Staff and the City Attorney's Office. Beginning with Article 1 through Article 10, changes were made where applicable to bring these Rules of Procedure up to date with current needs and demands of this Board. After much discussion regarding these Rules of Procedures, a motion was made by Ron Troy to adopt the Rules of Procedure as amended, and was seconded by Bill Waldrip. The motion to adopt amended Rules of Procedure prevailed • the following vote: Ayes: Lamb, Thompson, Tischler, Troy and Waldrip Nays: None Absent: Deavers and Hall The Rules of Procedure, being adopted at this March 7, 1985 meeting, will therefore be available in their amended form at the April 4, 1985 regular monthly meeting of the Board of Zoning Adjustment. 19��, � 1 The next order of business before the Board of Zoning Adjustment was t* consider Resolution 85-01 for adoption and approval • the Rules of Procedure. Gerald Thompson moved to pass Resolution 85-01, and this motion was seconded • Ron Troy; and passed by the following vote: Ayes: Lamb, Thompson, Troy, Tischler and Waldrip Nays: None Absent: Deavers and Hall Prior to the consideration of these minutes, it was explained that the minutes of the Workshop Meeting were being substituted, as the minutes of the February 7, 1985 meeting were unavailable. The agenda had shown that the FEbruary 7, 1985 minutes were to be considered. There being no corrections or additions to the February 18, 1985 minutes, a motion was made by Bill Waldrip to accept the minutes as written. A second to this motion was made by Ron Troy, and the motion prevailed by the following vote: Ayes: Lamb, Thompson, Tischler, Waldrip and Troy Nays: None Absent: Deavers and Hall BZA Minutes March 7, 1985 Page 5. MEMIA14"ITIN-10 As there was no further business to be discussed, Gerald Thompson made a motion to adjourn this meeting of the Board of Zoning Adjustment. The motion was seconded by Garry Tischler, and prevailed by the following vote: Ayes: Lamb, Thompson, Tischler, Waldrip and Troy Nays: None Absent: Lavers and Hall (!ASSED AND APPROVED BY THE BOARD OF ZONING ADJUST= OF THE CITY CL GRAPEVINE, Texas ON THIS THE 4th DAY OF =ii , 1985. i Chairman F"Um Secretary