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HomeMy WebLinkAbout1991-12-02STATE 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, December 2, 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: Charles Giffin Patti Bass John Dorety Randy Howell Ron Williams Chairman Vice-chairman Member Member 1st Alternate constituting a quorum with Secretary, Gerald Thompson and 2nd Alternate, Al Zimmerman absent. Also present was City Council Representative, Gil Traverse, and the following City Staff: Greg Wheeler Joy Carroll Marcy Ratcliff Ray Collins Gerrie Anderson Pete Eckert CALL TO ORDER Building Official Administrative Aide Planner Planner Administrative Secretary Attorney, City Attorney's Office Chairman, Charles Giffin, called the meeting to order at 6:02 p.m. NEW BUSINESS BZA91-30, JULIET AND ROGER HILL The first item of new business for the Board of Zoning Adjustment to consider was BZA91-30, submitted by Juliet and Roger Hill. The applicants are requesting a variance to Grapevine Zoning Ordinance 82-73, Section 42.D. Supplementary District Regulations' fifteen (15) foot side yard setback requirements to allow a .2 foot variance for the existing house, allowing a 14.8 foot side yard setback from the street. The existing house is located at 2801 Rockport Cove, Lot 11, Block 1, Trail Lake Addition. Greg Wheeler explained that the minor encroachment was discovered at the closing of purchasing the home and is no fault of the applicants. He stated that Staff recommended approval. Mr. and Mrs. Hill were present to represent their case. With no one to speak for or against the case, Patti Bass made a Ll motion to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman John Dorety then made a motion that a special condition did exist, being that the house is already existing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman A motion was made by John Dorety to approve the variance to Grapevine Zoning Ordinance 82 -73, Section 42.D., Supplementary District Regulations, to allow a .2 foot variance, allowing a 14.8 foot side yard setback. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman Mr. and Mrs. Hill expressed their appreciation to the Board and to Staff. BZA91 -31 CENTEX REAL ESTATE Next, the Board of Zoning Adjustment considered BZA91 -31, submitted by Centex Real Estate who is requesting a variance from Grapevine Zoning Ordinance 82 -73, Section 60.B.1.(b) to allow an off - premise development sign. City Staff recommends denial. Greg Wheeler explained that Centex is wanting to place a development sign at the southwest corner of William D. Tate Avenue and Western Oaks Drive to advertise Western Oaks Section II, Single Family Residential Subdivision. The subdivision is located to the west and south of Western Oaks Blvd. Mr. Wheeler explained that Section 60, Sign Standards, prohibits any off - premise advertising signs. A development sign may be legally placed on the tract which it advertises. Jim Mixtacki, with Centex Real Estate, took the Oath of Truth and explained that there are three special exceptions for having the off - premise development sign: the subdivision is of high quality; there is bad access to the subdivision; and the tract has always been perceived as one tract, from Highway 121 to Heritage Ave. Gil Traverse, City Council Representative, said he was very much in favor of the subdivision being successful. Mr. Traverse added that 2 the City's legal staff was looking at the off-premise sign ordinance to see how to allow these types of signs. With no one else to speak either for or against the request, Patti Bass made a motion to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman Marcy Ratcliff explained that the tract was originally owned by one owner, Mr. Willard Baker. Ms. Ratcliff noted that a big development was planned for the tract, but Mr. Baker's plans fell through. Patti Bass feels there is not a special exception because there are other subdivisions that have the same problem. Mr. Boyle noted that he could have a memo at the January City Council meeting for Council's consideration of amending the sign ordinance relating to off-premise development signs. Ron Williams made a motion to table this case until the February 3, 1992, meeting, to see what City Council decides. Randy Howell asked Mr. Boyle to work into the ordinance, a time frame for off-premise development signs. Randy Howell then seconded the motion to table the case until the February 3, 1992, meeting. The following vote prevailed: Ayes: Giffin, Dorety, Howell, Williams Nays: Bass Absent: Thompson, Zimmerman BZA91-32, MR. ELTON C. GREENER The next item of business for the Board of Zoning Adjustment to consider was BZA91-32, submitted by Mr. Elton C. Greener who is requesting a special exception to Grapevine Zoning Ordinance 82-73, Section 43.D.3, Non-Conforming Uses and Structures, in accordance with Section 68.H.2, Board of Zoning Adjustment, to allow reinstatement of a duplex use within an R-7.51 Single Family Residential Zoning District. Mr. Greener's duplex is located at 1119 South Pine Street, Lot 3, Block 3, of the J.J. Daniel Subdivision. Greg Wheeler stated that Staff recommended approval. He explained that due to Mr. Greener's health problems, he was unable to maintain the upkeep of his duplex property for rental purposes. When the duplex was abandoned as a duplex, the house lost its non- 3 conforming status in the R-7.5, Single Family Zoning District. Ms. Lavada Roach, sister and representative of Mr. Greener, took the Oath of Truth and explained that the duplex had been vandalized and because of health problems, Mr. Greener was unable to make any repairs. Gil Traverse, Council Representative, explained that when the rezoning took place in 1984, Council did not intend to render certain non-conforming tracts unusable. With no one else to speak either for or against the request, Ron Williams made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman Patti Bass then made a motion that special conditions did exist which are, Mr. Greener's health problems, destruction to the duplex which he was unable to make repairs, the building was built and used as a duplex since 1976, and the rezoning in 1984 did not intend to make it a non-conforming use. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Williams Nays: None Abstain: Howell Absent: Thompson, Zimmerman Patti Bass made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 43.D.3, Non-Conforming Uses and Structures, in accordance with Section 68.H.2, Board of Zoning Adjustment, to allow reinstatement of a duplex use within an R-7.5, Single Family Residential Zoning District for 1119 South Pine Street. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Williams Nays: None Abstain: Howell Absent: Thompson, Zimmerman BZA91-33, JOANNE AND JULIAN DYKE The next item of new business for the Board of Zoning Adjustment to consider was BZA91-33, submitted by Joanne and Julian Dyke who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1, R-7.5, Single Family, 30 foot front yard setback requirements. The variance would allow a 1.3 foot variance, allowing a 28.7 foot front yard setback from the street for the 4 existing house located at 2936 Creekwood Drive South, Lot 30, Block 1, Creekwood Estates. Greg Wheeler explained that an encroachment was found when Mr. and Mrs. Dyke were transferring their title for sale of the property. The residence was built before the 1984 City rezoning and is no fault of the owners. With no one else to speak either for or against the request, Randy Howell made a motion to close the public hearing. John Dorety seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman Randy Howell made a motion that a special condition did exist and the special condition being that the house was built prior to the 1984 rezoning. Ron Williams seconded the motion. Chairman Giffin noted that Randy Howell's motion was not a special condition. Randy Howell then made a motion that a special condition did exist being that the special condition was no fault of the owner. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman Randy Howell made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 15-G-1, Single Family 30 foot front yard setback requirement to allow a 1.3 foot variance, allowing a 28.7 foot front yard setback from the street for the existing house only. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman Next, the Board of Zoning Adjustment agreed to the dates set for the 1992 meetings. MINUTES Next the Board of Zoning Adjustment considered the minutes of the September 3 and October 7, 1991, meetings. First, Randy Howell made a motion to accept the minutes of the September 3, 1991, meeting. Ron Williams seconded the motion which prevailed by the following vote: k, Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman Patti Bass made a motion to accept the minutes of the October 7, 1991 meeting. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman MISCELLANEOUS REPORTS AND/OR DISCUSSION There was further discussion among the City Attorney and the Board Members about separating development signs and commercial business signs. ADJOURNMENT With no further discussion, John Dorety made a motion to adjourn the meeting. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman The meeting was adjourned at 7:15 p.m. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT,,'OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE DAY OF 1992. ATTEST: SECRETARY M