Loading...
HomeMy WebLinkAbout1991-10-07ADDENDUM TO AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MONDAY EVENING, OCTOBER 7, 1991, AT 6 PM COURT ROOM /COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS I. Call to Order Ii. Oath of Truth III. Old Business A. Board of Zoning Adjustment to Conduct a Public Hearing Relative to Board of Zoning Adjustment Case BZA 91 -22 Submitted by Mr. Lanny Tate and Consideration of same B. Board of Zoning Adjustment to Conduct a Cublic Hearing Relative to Board of Zoning Adjustment Case BZA 91 -23 Submitted by Mr. Lanny Tate and Consideration of same C. Board of Zoning Adjustment to Conduct a Public Hearing Relative to Board of Zoning Adjustment Case BZA 91 -24 Submitted by Mr. Lanny Tate and Consideration of Same D. Board of Zoning Adjustment to Conduct a Public Hearing Relative to Board of Zoning Adjustment Case BZA 91 -25 Submitted by Mr. Lanny Tate and Consideration of Same IV. New Business A. Board of Zoning Adjustment to Conduct a Public Hearing Relative to Board of Zoning Adjustment Case BZA 91 -26 Submitted by Schwob and Sage Building Corporation and Consideration of Same B. Board of Zoning Adjustment to Conduct a Public Hearing Relative to Board of Zoning Adjustment Case BZA 91 -27 Submitted by Patricia A. Tunney/ Schwankiewicz and Consideration of Same V. Board of Zoning Adjustment to Consider the Minutes of the Meeting of August 5, 1991 VI. Miscellaneous Discussion and /or Reports VII. 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 REGULAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 4TH DAY OF OCTOBER, 1991, AT 5 PM. DIRECTOR OF C014MUNITY DEVELOPMENT STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment of the City of Grapevine, Texas, met in regular session on Monday evening, October 7, 1991, at 6 PM in the City Council Chamber, Room #205, 307 West Dallas Road, Grapevine, Tarrant County, Texas, with the following members present, to wit: Charles Giffin Chairman Patti Bass Vice Chairman John Dorety Member Ron Williams 1st Alternate Al Zimmerman 2nd Alternate constituting a quorum with Secretary Gerald Thompson and Member Randy Howell absent. Also present was City Council Representative Gil Traverse and the following City Staff: H.T.(Tommy)Hardy Reid Heller Joy Carroll Ray Collins Marcy Ratcliff Greg Wheeler Paula Pennington CALL TO ORDER Community Development Director Attorney, City Attorney's Office Administrative/Planning Aide Planner Planner Building Official Clerk Typist Chairman Charles Giffin called to order the regular meeting of the Board of Zoning Adjustment at 6 PM. OLD BUSINESS Board of Zoning Adjustment Cases BZA 91-22-23-24 & 25-Mr. Lanny Tate First for the Board of Zoning Adjustment to consider was Board of Zoning Adjustment Cases BZA91-22, 23, 24 and 25 submitted by Mr. Lanny Tate and originally heard and tabled at the September 16, 1991, public hearing. Building Official Greg Wheeler advised that the public hearing needed to be re-opened. Chairman Giffin then called for a motion to open the public hearing on Board of Zoning Adjustment Cases BZA91-22, 23, 24 and 25. A motion from Ron Williams and second from Patti Bass was to declare the public hearing open, with the prevailing vote as follows: O Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell Greg Wheeler offered Board Members a brief synopsis of proceedings of the September 16 meeting, advising that 5 foot front and 2 foot rear yard variances were requested for locations as follows: BZA91- 22 (2400 Whitney Lane, Lot 1, Block 2, Blair Manor Subdivision) ; BZA91-23 (2404 Whitney Lane, Lot 2, Block 2, Blair Manor Subdivision) ; BZA91-24 (2408 Whitney Lane, Lot 3, Block 2, Blair Manor Subdivision); and BZA91-25 (2412 Whitney Lane, Lot 4, Block 2, Blair Manor Subdivision)- Mr. Lanny Tate, applicant for the request, accepted the oath of Truth and advised a meeting with home owners had achieved acceptance of the applicant's proposal by Blair Manor homeowners. A Blair Manor homeowner spoke in favor of the request; and Building Official Greg Wheeler advised a two foot (21) overhang is allowed for uninhabitable floor area with the discussion of the two floor plans for the houses planned for the four lots. Martin Schelling, 601 West Wall Street, accepted the oath of Truth and supported the variance request, noting that the lot widths will permit 25 and 30 feet between the houses and allow maximum utilization of green space and existing large trees. With no other persons wishing to speak and no correspondence to report, a motion from Ron Williams and second from Patti Bass was to close the public hearing with the prevailing vote as follows: Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell It was noted that all four lots may be considered with one vote. Patti Bass advised that she could not find a special condition if the zoning ordinance is to be interpreted literally because smaller houses are marketable and the four lots could be replatted into three larger lots; but Chairman Giffin argued that a special condition is that lots are minimal in size. John Dorety noted that the houses planned are not unusually large; and Chairman Giffin advised that a variance approved across the street from the subject lots was to save a large pecan tree. Lanny Tate briefly discussed the drainage problem. Then Mr. Tommy Hardy, Director of Community Development, verified and supported Staff's recommendation for approval of the request, citing the original subdivision's land area and shape limitation and special conditions. City Council Representative Gil Traverse supported the variance request noting city council concern that minimum lot sizes should possibly be more than 7,500 square feet. F, City Staff fielded questions from Members, advising that there is no zoning ordinance definition for "special condition." Mr. Hardy also gave examples of subdivision platting before economic conditions dictated larger lot sizes; and advised development on the lots not meeting the present market need would be beneficial and less unsightly than vacant lots. Member John Dorety expressed support for the variance requests; and offered a motion that special conditions to justify the variances do exist, as follows: to keep the home product consistent with those developed in the subdivision; the subject lots are the only lots on the block making a 5 foot front yard setback less evident; lot width is adequate and the variances provide more flexibility to save existing mature trees; fencing along Dove Loop can offer rear yard screening and the subdivision size and individual lot sizes were limited when platted. Ron Williams seconded the motion, which prevailed by the following vote: Ayes: Giffin, Dorety, Zimmerman and Williams Nays: Bass Absent: Thompson and Howell Then John Dorety's motion and Ron Williams' second was to approve the variances to Grapevine comprehensive Zoning Ordinance 82-73, Section 15.G.1 to allow five foot (51) variances and to section 15.G.2 for two foot (21) rear yard variances for Lots 1 through 4, Block 2 of Blair Manor Subdivision, with the prevailing vote as follows: Ayes: Giffin, Dorety, Zimmerman and Williams Nays: Bass Absent: Thompson and Howell BOARD OF ZONING ADJUSTMENT CASE BZA91-26-SCHWOB & SAGE BUILDING CORPORATION Next the Board of Zoning Adjustment was to consider a variance request from Schwob and Sage Building Corporation for 3215 William D. Tate Avenue, the H. C. B. Addition, a triangular tract between William D. Tate Avenue (SH 121), Bear Run Common Area and State Highway 360. Chairman Giffin declared open the public hearing; and Greg Wheeler briefly discussed the variance requested to Grapevine Comprehensive Zoning Ordinance 82-73, Section 54 which requires 70% masonry for principal structures in all commercial and industrial zoning districts. He noted Staff recommended approval contingent the applicant provide landscape screening for the State Highway 360 boundary and match the siding of the existing buildings. Staff contends that the special condition is minimal visibility from any arterials and the proposed building is in the center of the 3 developed non-conforming tract, built before masonry was required by 1984 ordinance amendments. With no one to speak for or against the request and no correspondence to report, Ron Williams' motion and Patti Bass's second was to close the public hearing, with the prevailing vote as follows: Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell Mr. Hardy advised screening for existing development is better than brick on a non visible building. Then, with no further discussion, a motion from Ron Williams and second from Patti Bass was that a special condition does exist, it being visibility from other developed or developable properties is minimal; and masonry for the proposed smaller building would not be noticeable and would be inconsistent with the existing buildings' siding. The prevailing vote was as follows: Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell Then a motion from Ron Williams and second from Patti Bass was to approve the requested 100% variance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 54's 70% masonry requirement and landscape screening with red tip potinias for the State Highway 360 boundary the prevailing vote as follows: Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell BOARD OF ZONING ADJUSTMENT CASE - BZA91-2 7 -PATRICIA TUNNEYJ SCHYMANKIEWICZ Next the Board of Zoning Adjustment was to consider BZA91-27 submitted by Patricia Tunney/Schymankiewicz for 317 Church Street, portions of Lot 23, Block 1 and Lot 1, Block 2 of the original Town of Grapevine, located between Church and Main Streets. Chairman Giffin declared the public hearing open then Greg Wheeler reported the request was for a special exception to Grapevine Comprehensive Zoning Ordinance 82-73, Section 43.E.3 which allows "remodeling or enlargement of a non-conforming use when such an enlargement would not tend to prolong the life of the nonconforming use" to allow a four foot (41) extension and enclosure of the existing screened porch. Mr. Wheeler further advised the setback would abe legal if the property was zoned R-7.5, Single Family; however, since the City rezoned the property in 1984, to Townhouse 0 and Central business district the property is considered non- conforming. He further stated that the 132 square foot addition to the 955.71 square foot structure should not adversely affect surrounding development with the 97 foot X 200 foot lot and the house centered on the lot. Then Mr. Wheeler introduced applicant, Patricia Tunney/ Schymankiewicz who spoke for the request following the Oath of Truth. Mrs. Tunney/Schymankiewicz discussed the remodeling proposed to reinforce the foundation of the house and add living area for their child. A neighbor, Caren Peterson, 320 Church Street, spoke on behalf of the applicant, requesting the Board's favorable consideration of the request. There being no further speakers and no correspondence to report, a motion from Patti Bass and second from John Dorety was to close the public hearing, with the prevailing vote as follows: Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell Then, a motion from Patti Bass and second from Ron Williams was the existing special condition is the house was originally zoned to allow the residence then the 1984 rezoning altered any ability to add to the use because it no longer conformed to new R-TH or CBD zonings. The prevailing vote was as follows: Ayes: Giffin, Bass, Dorety, Wiliams and Zimmerman Nays: None Absent: Thompson and Howell The a motion from Patti Bass and second from Ron Williams was to approve the special exception to Grapevine Comprehensive Zoning Ordinance 82-73 in accordance to Section 43.E.3 which allows remodeling or enlargement of a non-conforming use when such enlargement would not tend to prolong the life of the use to allow a 4 foot extension and enclosure of the existing screened porch. The prevailing vote was as follows: Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell MINUTES OF THE MEETING OF August 5, 1991 Next the Board was to consider the Minutes of the August 5, 1991, Meeting. There was a question as to why Al Zimmerman was shown leaving 5 early. Staff noted the correction was to be made, then a motion from John Dorety and second from Al Zimmerman was to adopt the Minutes of the August 5, 1991, Meeting of the Board of Zoning Adjustment as amended, with the prevailing vote as follows: Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell MISCELLANEOUS DISCUSSION AND REPORT There was a brief discussion relative to the Tate cases; and Staff advised the BZA will be receiving the FYI packets. ADJOURNMENT With no further business to consider, a motion from Patti Bass and second from John Dorety was to adjourn the meeting at 6:30 PM, with the prevailing vote as follows: Ayes: Giffin, Bass, Dorety, Williams and Zimmerman Nays: None Absent: Thompson and Howell PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY • GRAPEVINE, TEXAS, • THIS THE 2ND DAY OF DECEMBER, 1991- ATTEST: I T-Y �'SECRETARY 6