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HomeMy WebLinkAbout1991-08-05AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MUNDAY EVENING, AUGUST 5, 1991, AT 6:00 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS 76051 I. CALL TO ORDER Ii. OATH OF TRUTH III. OLD BUSINESS IV. NEW BUSINESS A. BOARD OF ZONING ADJUSTMFNIT TO CONDUCT A PUBLIC HFAPTN(, REIATTVE TO BOARD OF ZONING AID USTMENT CASE BZA91-11, SUBMITTED By DARSCO, INC., AND CONSIDERATION OF THE SAME. B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA91-14, SUBMITTED BY THE RICHARD CARTER COMPANY, AND CONSIDERATTON OF THE SAME. C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA91-15, SUBMITTED By THE RICHARD CARTER COMPANY, AND CONSIDERATION OF THE SAME. D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA91-17, SUBMITTED BY THE RICHARD CARTER COMPANY, AND CONSIDERATION OF THE SAME. E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA91-18, SUBMITTED BY THE RICHARD CARTER COMPANY, AND CONSIDERATION OF THE SAME. V. BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE JULY 1, 1991, MEETING. Vi. ELECTION OF OFFICERS VII. MISCELLANEOUS DISCUSSION AND/OR REPORTS VIII. 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 BOARD OF ZONING ADJUSTMENT RECMAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 2ND DAY OF AUGUST, 1991, AT 5:00 P.M. DIRECTOR OF C04UNITY DEVELOP14ENT AGENDA CITY • GRAPEVINE BOARD • ZONING ADJUSTMENT SPECIAL WORKSHOP MONDAY, AUGUST 5, 1991, AT 630 P.M. CONFERENCE ROOM #204 307 WEST DALLAS ROAD GRAPEVINE, TEXAS 76051 City Attorney's Office to Review the Duties and Functions of the Board of Zoning Adjustment U901110MR-WOMMUNW&I IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE BOARD • ZONING ADJUSTMENT REGULAR MEETING AGENDA WAS PREPARED AND POSTED • THIS THE 2ND DAY • AUGUST, 1991, AT 500 P.M. Alimn IN 4 00 20M Lei atel WWI aW] ON R WA MATA are] E a I a imil STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session on Monday evening, August 5, 1991, at 6:00 P.M., in the council Chambers, Room #205, 307 West Dallas Road, Grapevine Texas with the following members present to wit: #I I Charles Giffin Patti Bass Randy Howell Ron Williams Al Zimmerman Chairman Member Member 1st Alternate 2nd Alternate constituting a quorum with Secretary Gerald Thompson and Member John Dorety absent. Also present was city council Representative, Gil Traverse and the following City Staff: H.T.(Tommy) Hardy Ray Collins Joy Carroll Greg Wheeler Marcy Ratcliff Roger Beecham Gerrie Anderson CALL TO ORDER Community Development Director Planner Administrative Aide Building Official Planner Attorney, City Attorney's Office Administrative Secretary Chairman, Charles Giffin called the meeting to order at 6:00 P.M. BZA91-11, DARSCO, INC. The first item of new business was for the Board of Zoning Adjustment to consider BZA91-11, submitted by Darsco, Inc. who is requesting a variance from Grapevine Zoning Ordinance 82-73, Section 15.G.1, 30 foot front yard requirements. The variance would allow a 28 foot front yard in the area of the columns (a two (21) foot variance) for 2733 Greenbrook, Lot 19, Block 1, Timberline South Subdivision. Ray Collins explained that the foundation of the house was built in the required 30 foot front yard but the two architectural columns on the face of the house encroached two (2' ) feet in the front yard setback. Ms. Collins explained that the Zoning Ordinance did not make provisions for columns as architectural features to encroach building lines. Don Anderson of 1300 Dallas Drive, Denton, Texas, and applicant, took the Oath of Truth. With no one else to speak either for or against the request, Patti Bass made a notion to close the public hearing. Al Zimmerman seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety First Alternate, Ron Williams asked why this problem happened to new construction. Greg Wheeler explained that there are two different ways of checking setback inspections. First, the builder can bring in a form survey where a surveyor sets the forms and measures the four corners which can be approved in the office. Second, the builder can set stringlines and the inspectors would measure the 30 foot setback. Greg Wheeler feels that when the setback inspection was made, the two columns were not set at the time but were added after the setback inspection was made. At the time of plan review, the two column areas could have been shown as flat work. Mr. Wheeler did add that there are some architectural features that are allowed in the setback such as fireplaces and bay windows. With no further discussion, Patti Bass made a motion that a special condition did exist and the special condition being that the structure is already built. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety A motion was then made by Patti Bass to grant the variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1, 30 foot front yard requirements, to allow a two (21) foot variance for the columns only. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety BZA91-14, BZA91-15 ...... RICHARD CARTER COMPANY The next two items for the Board of Zoning Adjustment to consider were BZA91-14, and BZA91-15, submitted by the Richard Carter Company for a proposed development located east of the existing Bear Run Townhomes, south of Bear Run Drive and north of Fair Field Drive. These requests are in conjunction with a preliminary and 2 final plat being submitted for the August 20, 1991, joint meeting of the City Council and Planning and Zoning Commission. Ray Collins explained the first request, BZA91-14, a variance to Grapevine Zoning Ordinance 82-73, Section 15.H, 40 foot landscaped buffer yard requirements, a 14 foot variance, to allow the 26 foot buffer yard as shown on the proposed plat for Lot 1, Block A of the proposed Bear Run Subdivision. Ms. Collins explained that Lot 1, Block A abuts the alley easement which gives access to the existing Bear Run Townhomes. The 20 foot alley serves as a portion of the 40 foot buffer requirement. Ms. Collins explained the second request, BZA91-15, a variance to Grapevine Zoning Ordinance 82-73, Section 15.H., 40 foot landscaped buffer yard requirements to allow a 20 foot variance for Lot 17, Block A, of the proposed Bear Run Subdivision. Lot 17 projects into the 40 foot buffer which there is not a separation between Lot 17 and the adjacent "Poll Professional office Zoning Regulations. Staff has suggested the applicant eliminate Lot 17 and revise the lot lay-out of Lots 10 through 17, Block A, to provide the 40 foot buffer yard to comply with the ordinance. David Washington of 500 Grapevine Highway, Hurst, Texas, representing the David Washington Company, took the Oath of Truth. Mr. Washington showed the site plan of the proposed subdivision and explained that this piece of property was unusually shaped and in order to get a proper setback from Bear Creek, Bear Run Drive had to be moved further south. He noted that he had been working with the City on a proposed open space area to the north side of the creek. Mr. Washington then explained that Lot 17 is adjacent to an area zoned "Poll, Professional office), which allows a maximum building height of 30 feet or two stories which would be the same for a single family residence. He noted that the area is heavily wooded and feels that the required 25 foot setback on the "Poll property as well as the 20 foot buffer that is being offered on Lot 17 would provide an adequate amount of buffer. There were questions from Charles Giffin and Randy Howell concerning the setback and the alleyway for Lot 1, Block A. Marcy Ratcliff explained that when the application was submitted, Staff counted the whole 20 foot alley as the buffer yard. First Alternate, Ron Williams, asked Mr. Washington if they had looked at moving the street further to the north then the 14 foot variance might not be needed on Lot 1, Block A. Mr. Washington explained that they did look at that possibility. He further explained that the street was originally straight and did not curve to the south, but moving the street to the south was initiated through negotiating with the City about purchasing the 3 property to the north for park land. Some members of the Board were concerned about the buildable area for Lot 1, Block A. Tommy Hardy explained that at this time, whether a house could be placed on the lot was not an issue. Chairman, Giffin, asked what kind of buffer the "PO" zoning has that is located adjacent to Lot 17. Marcy Ratclif f explained that "PO", Professional Office zoning does not require as large a buffer as some of the other commercial districts. After further discussion, Patti Bass made a motion that a special condition did exist for BZA91-14, and the special condition being that the configuration of the property that the City wants to purchase for park land on the north side, creates an irregular shape for Lot 1, Block A. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Zimmerman Nays: Williams Absent: Thompson, Dorety Patti Bass then made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 15.H, that requires a 40 foot landscape buffer between single family residence and other development, to allow a 14 foot variance, for a 26 foot buffer for Lot 1, Block A. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Zimmerman Nays: Williams Absent: Thompson, Dorety Next, Patti Bass made a motion that a special condition did not exist for BZA91-15. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Bass, Howell, Zimmerman, Williams Nays: Giffin Absent: Thompson, Dorety Board of Zoning Adjustment Case BZA91-15 was denied. BZA91-17 AND BZA91-18, RICHARD CARTER COMPANY Next the Board of Zoning Adjustment considered BZA91-17 and BZA91- 18, submitted by the Richard Carter Company who is requesting variances to the Grapevine comprehensive Zoning Ordinance 82-73, 4 Section 12.A.22 which requires all lots of record to have frontage on a public street, and to Section 12.A.448 which requires a 20 foot minimum lot frontage width of the public right of way. The request is for Lots 1 and 2, Block E of the proposed Bear Run Subdivision. The request is also in conjunction with a preliminary and final plat being submitted for the August 20, 1991, joint meeting of the City Council and Planning and Zoning Commission. Ray Collins explained that these lots are located just east of the Saybrook Addition and north of Hazy Meadow Lane. Ms. Collins explained that these two lots do not have access to a public street, therefore, the applicant is asking to have an access easement from the lots at the end of the Hazy Meadow cul-de-sac in the Glade Crossing IV Subdivision. The proposed property line is adjacent to the public park. Tommy Hardy explained for the record that the Board will only consider the request which requires all lots of record to have frontage on a street and a 20 foot minimum lot frontage width at the public right of way. Mr. Hardy said the City Council will have to grant the applicant permission to be able to use part of the public easement for access to the lots. With no one else to speak either for or against the request, Patti Bass made a motion to close the public hearing. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety David Washington explained that with the flood plain running through both lots, there is limited buildable area. Randy Howell made a motion that a special condition did exist and the special condition being that in order to provide an access easement to Lot 1 and 2, Block E of Bear Run, ingress and egress accessibility to the lots would be needed in-lieu-of the public street. Patti Bass seconded the motion then added to the motion that the need for this accessibility is due to the property the City wishes to purchase for a public park. The following vote prevailed: Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety Randy Howell then made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 12.A.22 which requires all lots of record to have frontage on a street and to Section 12.A.448 which requires a 20 foot minimum lot frontage at the public right of way for Lots 1 and 2, Block E, Bear Run Addition. Patti Bass seconded the motion which prevailed by the following vote: 9 Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety MINUTES Next the Board of Zoning Adjustment considered the minutes of the July 1, 1991, meeting. Patti Bass made a motion to adopt the minutes as written. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety ELECTION OF OFFICERS Next the Board of Zoning Adjustment elected officers. For the position of Vice-Chairman, Randy Howell nominated Patti Bass. Ron Williams seconded the motion. With no other nominations, the following vote prevailed: Ayes: Giffin, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety Abstain: Bass For the position of Secretary, Randy Howell re-nominated Gerald Thompson. Patti Bass seconded the motion. With no other nominations, the following vote prevailed: Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety Patti Bass then nominated Charles Giffin for the position of Chairman. Randy Howell seconded the motion. With no other nominations, the following vote prevailed: Ayes: Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety Abstain: Giffin ADJOURNMENT Patti Bass made a motion to adjourn the public hearing. Randy Howell seconded the notion which prevailed by the following vote: 6 Ayes: Giffin, Bass, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety The public hearing was adjourned at approximately 7:00 P.M. Chairman Charles Giffin reconvened the workshop meeting, between the Board Members, a representative from the City Attorney's office and City Staff at 7:37 p.m. (3 brownies later), in Room #204. The following Board of Zoning Adjustment Members were present: Charles Giffin Patti Bass Randy Howell Ron Williams Al Zimmerman Chairman Vice-Chairman Member 1st Alternate 2nd Alternate Secretary, Gerald Thompson, and Member John Dorety were absent. Also present was Roger Beecham, Attorney with the City Attorney's Office and the following City staff: H. T. (Tommy) Hardy Community Development Dir. Marcy Ratcliff Planner Ray Collins Planner Greg Wheeler Building Official Joy Carroll Administrative Aide Gerrie Anderson Administrative Secretary Roger Beecham went over an outline of the procedures of the Board of Zoning Adjustment and the role as a Board of Zoning Adjustment member. Mr. Beecham explained that this Board was not a legislative body like the City Council but a quasi-judicial body that determines the granting or denial of special exceptions, variances, and appeals from administrative decisions. Mr. Beecham went over the three step procedure for the Board to follow. First, the Board has to determine that a special condition exists; second, determine what the special condition is; and then granting or denying the variance. The three factors that cannot be considered in determining a special exception are; 1) economic hardship to the applicant, 2) special plans of the developer; and 3) highest and best use of the land. Next Mr. Beecham went over the Board of Zoning Adjustment Bylaws. There was further discussion among the Members, Mr. Beecham and Staff. Marcy Ratcliff suggested mailing the Board Members a Building Permit Review Pamphlet on different cases from different parts of the county. 7 With no further discussion, Patti Bass made a motion to adjourn the workshop. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety The workshop session was adjourned at 8:40 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING AD OF GRAPEVINE, TEXAS, ON THIS THE gDAY OF V. wwfd� -'SECRETARY N. ENT OF THE CITY 1991.