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HomeMy WebLinkAbout1985-12-05AGENDA REGULAR BOARD CIE -Z -;NINCS' iiDJi:STMEN�12 MEETING AND PUBLIC HEARING THURSDAY, DECEMBER 5, 1985 AT 6:00 P.M. COUNCIL CHAMBERS - 413 MAIN STREET I. CALL TO ORDER II. OATH OF TRUTH III. OLD BUSINESS IV. NEW BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-61 submitted by Stanford Homes and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-62 submitted by Stanford Homes and consideration of the same. C. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-63 submitted by Orion Joint Venture and consideration of same. D. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-64 submitted by Phil Parker and consideration of same. E. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-65 submitted by James Clark and consideration of same. F. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-66 submitted by Braewood Homes and consideration of same. G. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-67 submitted by Carter Enterprises and consideration of same. H. Board of Zoning Adjustment to conduct a public hearing relative to BZA85-68 submitted by W S I Architects and consideration of same. V. MISCELLANEOUS DISCUSSIONS AND/OR REPORTS VI. ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR BOARD OF ZONING ADJUSTMENT REGULAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 25TH DAY OF NOVEMBER 1985, AT 5:00 P.M. 4� .606A� CITY SECRETARY STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met in regular session December 5, 1985 at 413 Main Street, in the Council Chambers, Grapevine, Texas with the following members present to wit: Doug Lamb Chairman Bill Waldrip Vice-Chairman Gerald Thompson Member Garry Tischler Member Kay Gilliam 1st Alternate John Ferguson 2nd Alternate constituting a quorum, with Ron Troy, absent, and the following City Staff present to wit: Jim VanTreese Assistant Building Official Joy Carroll Administrative Assistant Adrienne Leonard Attorney, City Attorney's Office Gerrie Taylor Secretary Also present were Ted Ware, City Council Representative and Richard Atkins, Planning and Zoning Commission Representative for the Board of Zoning Adjustment. CALL TO ORDER Chairman Lamb called the meeting to order at approximately 6:00 P.M. NEW BUSINESS BZA 85-61 & BZA 85-62 -.Stanford Homes The first item of new business was for the Board of Zoning Adjustment to consider the request of BZA 85-61 and BZA 85-62, Stanford Homes. BZA 85-61 is a variance at 507 Westbury in Glade Crossing Subdivision, an encroachment of nine and one half (9 112") or ten (10") inches into the required fifteen foot (15') side yard due to an error in setting up the foundation. Also BZA 85-62 Stanford Homes, is requesting a similar variance, a minor encroachment in the required front yard at 4505 Amesbury Circle. Staff recommends approval. Mike Pizzitola of Stanford Homes took Oath of Truth and stated that this would not happen on a reccuring basis and that they simply made a mistake on not having the lot staked out again after the lot had been cleared. Doug Lamb asked for a motion to close the Public Hearing. Gerald Thompson made a motion to close the Public Hearing. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy After some discussion, Gerald Thompson made a motion to grant both variances as requested. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy BZA 85-63 - Orion Joint Venture The next item of new business was for the Board of Zoning Adjustment to consider BZA 85-63, Orion Joint Venture, who is reappearing with the requested additional information on their site plan for the property that is bordered by Dooley, Turner, Peach and Boyd Streets. This request has been denied or tabled from previous meetings and was granted by the Board to be reheard from the November 7, 1985 meeting. Board of Zoning Adjustment December 5, 1985 Page 2 John Powell with Starnes and Associates took the oath of Truth and explained to the members again what variances they were requesting which are to the open space requirement, front yard setback, and separation of buildings. These are all items that would affect the location of the utility and street layouts which are already installed. Richard Atkins of 2954 Trail Lake Drive, Grapevine, took the Oath of Truth and stated that he does not feel the applicant has a hardship concerning the open space requirement and at the time of site plan approval accept cash in lieu of. Ted Ware took the Oath of Truth and also discussed accepting the cash in lieu of. Ken Shamburger of Arlington and developer of the project took the Oath of Truth and spoke in regards to the case. Garry Tischler made a motion to close the Public Hearing. Bill Waldrip seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy Jim Wigginton, with the Developer took the Oath of Truth and spoke in regards to the case. Bill Waldrip made a motion to grant the variance where it provides for exception to Section 22.D.1 requiring a forty (40') foot setback for that to be amended to twenty-five (25') feet and move to provide for a variance in exception to Section 22.M.6 which regulates the distance between buildings and reduces that required distance of fifty (501) feet to twenty (20') feet. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy Adrienne Leonard stated that a motion for the third item, which is relative to the open space requirement, needs to be addressed. Bill Waldrip made a motion to deny the third part of the variance request for the open space requirement. Kay Gilliam seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy BZA 85-64 - Phil Parker The next item of new business was for the Board of Zoning Adjustment to consider BZA 85-64, Phil Parker, who was instructed at the November 7, 1985 meeting to re-submit a new variance application for his second building. The variances would have required giving up fourteen (14) required spaces to which five (5) have already been granted to preserve some trees. The City Council has made no provisions in the new zoning ordinance to exchange parking spaces for trees and the new ordinance was in place prior to the beginning of the discussion of the project, therefore, the City Staff recommends denial of the request. Phil Parker, part owner of the development took the Oath of Truth and stated that the additional building on Lot 4 was completed before the ordinance was changed and the parking lot on Lot 3 was completed. He expressed that they have the capabilities to create more spaces if necessary. Board of Zoning Adjustment December 5, 1985 Page 3 Since there were no further questions, Gerald Thompson made a motion to close the Public Hearing. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy During further discussion, Mr. Parker stated they can get the additional spaces if necessary by eliminating trees and using the turn-around which is at the end of the parking lot. There being no further discussion, Garry Tischler made a motion to grant a variance as requested, if they leave parking as it currently exists. Gerald Thompson seconded the motion. There was some concern from Mr. Parker about the motion. Garry Tischler amended the motion to leave is presently constructed. If there is a parking future, the turn-around can be used for additional Thompson seconded to amend the motion which prevaile, vote: Ayes: Lamb, Waldrip, Thompson, Tischler Nays: Gilliam Absent: Troy wording of the the parking as it problem in the spaces. Gerald I by the following Doug Lamb stated the motion carried and the variance was granted as amended. A five minute recess was called by Chairman Lamb. BZA 85-65 - Mr. James Clark The next item of new business was for the Board of Zoning Adjustment to consider BZA 85-65, Mr. James Clark who is asking for a variance to the twenty-five (25') foot rear yard setback. Jim VanTreese stated that Mr. Clark asked to complete a roof of an existing deck at 1615 Hyland Greens Drive. He was asked to stop construction because lack of a permit and denied a permit due to encroachment of twelve (12') feet into the required rear yard. James Clark, owner of property at 1615 Hyland Greens Drive, took the Oath of Truth. Mr. Clark explained his intentions of building a patio cover to protect his deck. Jo Melner, neighbor of Mr. Clark , took the Oath of Truth and stated that his property backs up to Corps of Engineers property, therefore, the problem of being too close unlikely. Mike Morris, neighbor of Mr. Clark, took the Oath of Truth and spoke for the approval of the variance. There was concern that Mr. Clark had been given two citations and a stop work order. Mr. Clark explained he went ahead and finished the shingle portion due to a great deal of rain which was coming through the wall. The Board inquired on how much money was invested with the insuance of the first citation and prior to the second citation. Mr. Clark stated he had spent $700.00 to $800.00 with the first citation and less than a $100.00 prior to the second citation. Joy Carroll stated that twenty (20) property owners were notified and she had received four letters of approval and no disapproval had been expressed. Bill Waldrip made a motion to close the Public Hearing. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy Board of Zoning Adjustment December 5, 1985 Page 4 After some discussion on whether or not this case might set a precedence if granted, Bill Waldrip made a motion to grant the variance as requested. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Waldrip, Thompson, Tischler Nays: Lamb, Gilliam Absent: Troy The variance was denied for lack of majority vote. Mr. Clark asked if he could appeal his case. Doug Lamb stated there is an appeal process that is available if something should change with the property. BZA 85-66 - Braewood Homes The next item of new business was for the Board of Zoning Adjustment to consider the request of BZA 85-66, Braewood Homes who is requesting an exception to Grapevine Zoning Ordinance 82-73, Section 15.G.2, twenty-five foot (25') rear yard setback in order to save a fourteen (14") inch diameter tree at 1217 Sandhurst Court. Chuck Giffin with Braewood Homes, took the Oath of Truth and spoke in favor of the request explaining that the house would need to be fliped on the lot in order to save the tree. Curt Gillingham took the Oath of Truth and spoke against the variance. With no further public comment, Gerald Thompson made a motion to close the Public Hearing, Bill Waldrip seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy After a short discussion from the Board members, Bill Waldrip made a motion to deny the variance as requested. Kay Gilliam seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy BZA 85-67 - Carter Enterprises The next item of new business was for the Board of Zoning Adjustment to consider the request of BZA 85-67, Carter Enterprises who is asking for several variances for the property located at 223 East College. Jim VanTreese stated that Mr. Carter was asking for variances on the following Sections: Section 27.8.2 which requires all garbage containers be located at least fifty feet (50') from a residentially zoned district; Section 27.H requires a buffer of one and one-half times the height of the building or twenty-five foot (25') provided; Section 27.K which requires the number of parking spaces based upon the square footage of the building; Section 27.G.4 is an exception to 53.H.2.b, which requires a ten foot (10') landscaped strip on the property line when it adjoins a residential district; Section 27.G.3- requires every lot to have a front yard of not less than twenty-five feet (25') which shall be utilized as a landscaped setback area. John Dorety who was representing Steve Carter, took the Oath of Truth and spoke in favor of the variance requests. J. R. Schober, homeowner near the property, took the Oath of Truth and spoke against the variances. Howard Morton, of 510 Smith Street, took the Oath of Truth and spoke against the variances. Board of Zoning Adjustment December 5, 1985 Page 5 Adrienne Leonard stated that before Mr. Carter can ask for variances, he needs to have the property rezoned to "Po", Professional Office instead of his current zoning "R-7.5", Single-Family Residential. Bill Waldrip made a motion to table the motion until Mr. Carter goes before the Planning & Zoning Commission for a zone change. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy There was some concern about the time period for Mr. Carter to be reheard. Doug Lamb made a motion to amend the tabled motion to be heard at the Board's regular meeting in March which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy BZA 85-68 - WSI Architects The last item of new business was for the Board of Zoning Adjustment to consider BZA 85-68, WSI Architects. WSI Architects is requesting an exception to Grapevine Zoning ordinance 82-73, Section 27.1.1 limiting building height to one story or thirty feet (30') because the zoning of the First National Bank which is "PO ", Professional Office abuts a "R-7.51J, Single Family Residential district. Jerry Holstrom, with WSI Architects, took the Oath of Truth and spoke in regards to the request stating there would be no problem installing a six foot (61) fence of wood or masonry. There was also concern from Richard Atkins about construction on Sundays because the property does back up to a residential district. With there being no further questions, Gerald Thompson made a motion to close the Public Hearing. Bill Waldrip seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy After a short discussion Gerald Thompson made a motion to grant the variance as requested. Adrienne Leonard stated that the motion needed to include the screening and the construction hours. Gerald Thompson then amended the motion to require a six foot (6') fence of wood or masonry along the property line adjacent to the residential zoning district and a letter stating there will be no construction on Sunday. Garry Tischler seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy ADJOURNMENT There being no further discussions, Garry Tischler made a motion to adjourn the meeting. Kay Gilliam seconded the motion which prevailed by the following vote: Ayes: Lamb, Waldrip, Thompson, Tischler, Gilliam Nays: None Absent: Troy The meeting was adjourned at approximately 9:30 P.M. Board of Zoning Adjustment December 5, 1985 Page 6 PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF G RAPEVINE, TEXAS ON THIS THE 6th DAY OF— February . 1986 Alow SECRETARY