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HomeMy WebLinkAbout1992-01-06AGENDA CITY OF GRAPEVINE, TEXAS REGULAR BOARD OF ZONING ADJUSTMENT MEETING MONDAY, JANUARY 6, 1992 AT 6:00 PM CITY COUNCIL CHAMBERS ROOM #205 307 WEST DALLAS ROAD I. CALL TO ORDER II. OLD BUSINESS III. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA91 -34 SUBMITTED BY MR. SCOTT OZYMY AND CONSIDERATION OF SAME B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA91 -35 SUBMITTED BY MR. LARRY FRASSINELLI AND CONSIDERATION OF SAME C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA91 -36 SUBMITTED BY MR. BUDDY HALL AND CONSIDERATION OF SAME IV. MINUTES OF THE NOVEMBER 4, 1991, MEETING V. MISCELLANEOUS DISCUSSION AND 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 PLANNING AND ZONING COMMISSION MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 3RD DAY OF JANUARY, 1992, AT 5 PM. w DIRECTOR OF C UNITY DEVELOPMENT 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, January 6, 1992, 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 Chairman Patti Bass Vice-chairman John Dorety Member Randy Howell Member Ron Williams 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 Roger Beecham Gerrie Anderson Building Official Administrative Planning Aide Planner Planner Attorney, City Attorney's Office Administrative Secretary Chairman Charles Giffin called the meeting to order at 6:00 P.M. NEW BUSINESS BZA91-34, MR. SCOTT OZYMY/HIGHWAY 121 CAPITAL The first item of new business for the Board of Zoning Adjustment to consider was BZA91-34, submitted by Mr. Scott Ozymy who is requesting a seven foot variance to Grapevine Zoning Ordinance 82- 73, Section 53.H.2.b which requires a ten foot perimeter landscape buffer. The variance would allow instead, a proposed three foot landscape strip between the rear parking area and the property line for the Airtech Center, located at 2200 Highway 121. Greg Wheeler explained that the applicant submitted the application requesting the variance to allow additional parking by reducing the landscape buffer. Staff feels the special condition is that the tract of land is located adjacent to an undeveloped 70 foot wide State Highway drainage easement. The location of the variance request is the rear of the developed tract. 1 Mr. John Martin of 5215 N. O'Connor, Suite 1600, Irving, Texas, and representing JPI Realty, took the Oath of Truth. With no one else in the audience wishing to speak, 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 Mr. Martin explained that they wanted additional parking at the back for employees so the front parking area would be free for customers. After some discussion, Randy Howell made a motion that a special condition did exist; with the special condition being that the 70 foot wide highway drainage easement does offer an ample amount of buffer area, and approving this variance will allow additional parking for the tenant. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman Randy Howell then made a motion to grant approval of the seven foot variance requested to Grapevine Zoning Ordinance 82-73, Section 53.H.2.b which requires a ten foot perimeter landscape buffer and allow, instead, a proposed three foot landscape strip between the rear parking area and property line. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Dorety, Howell, Williams Nays: None Absent: Thompson, Zimmerman BZA91-35-, MR. LARRY FRASSINELLI The next item of new business for the Board of Zoning Adjustment to consider was BZA91-35 submitted by Mr. Larry Frassinelli who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 14.G.21 R-12.51 Single Family Deed Restricted Zoning District Regulations' 25 foot rear yard setback requirement. Greg Wheeler explained that in order to save a 2411 Black Oak tree, the applicant is requesting a 7.5 foot variance, leaving a 17.5 foot rear yard instead of the 25 foot required. Mr. Wheeler stated that Staff recommended approval of the variance. Marcy Ratclif f did add that the part of the house that would be encroaching is the garage, an uninhabitable area. OA Larry Frassinelli of 1738 Big Canyon, Carrollton, Texas, took the Oath of Truth. Mr. Frassinelli explained that the main reason for the encroachment is the irregular shape of the lot which is only 80 feet wide. When the house is rotated on the lot in order to miss a large tree, the house is better oriented to the cul-de-sac. With no one else to speak either for or against the request, John Dorety 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 After some discussion, Randy Howell made a motion that special conditions did exist, which are saving a large tree and by the lot being in a cul-de-sac limits the lot on keeping uniform with the neighborhood. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: Dorety Absent: Thompson, Zimmerman Randy Howell then made a motion to grant the variance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 14.G.2, R-12.5, Single Family Deed Restricted Zoning District Regulations' 25 foot rear yard setback requirement for a 7.5 foot variance, allowing a 17.5 foot rear yard. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: Dorety Absent: Thompson, Zimmerman BZA91-36, C.C.-HALL, JR. The last item of new business for the Board of Zoning Adjustment to consider was BZA91-36, submitted by Mr. C.C. Hall, Jr., who is requesting an exception to Grapevine comprehensive Zoning Ordinance 82-73, Section 68, Board of Zoning Adjustment, to allow the continuation of a non-conforming office/storage building which is being relocated from behind the current office to behind the GTE facility on the adjacent property. The property is located at 618 East Northwest Highway. Staff recommends approval to the special exception. Greg Wheeler explained that Mr. Hall was wanting to move the trailer from the old location to another location on his property and continue the non-conforming use. The trailer would be used as an office building. Mr. Wheeler also explained that the trailer has already been moved and has been landscaped. 3 After some discussion, John Dorety 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 Ron Williams expressed concern approving such special exception would not help the clean-up of Northwest Highway. John Dorety expressed concern that once the trailer is moved, the non-conformity goes away and expressed that he was not in favor of the exception. After further discussion, John Dorety made a motion that a special condition did not exist. The motion failed for lack of a second. Ron Williams then made a motion that a special condition did exist, that the Board of Zoning Adjustment is authorized by Section 68.H.4 "To permit in any district such modification of the requirements of the district regulations as the Board may deem necessary to secure an appropriate development of a lot where adjoining such lot on two (2) or more sides there are lots occupied by buildings which do not conform to the regulations of the district." and that the building relocation is in keeping with the existing neighborhood character and is not a permanent structure. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Williams Nays: Bass, Dorety Absent: Thompson, Zimmerman Ron Williams made a motion to grant the special exception in accordance to Grapevine comprehensive Zoning ordinance 82-73, Section 68, Board of Zoning Adjustment, to allow the continuation of a non-conforming office/storage building which is being relocated from behind the current office to behind the GTE facility on the adjacent property, and this shall apply to that building location as requested in the BZA application. John Dorety wanted to amend the motion to state that the exception is not subject to a tax lien. Ron Williams then made a motion to repeal the motion for the special condition for purposes of tabling the case until more information is received. The other members did not want to table this case, therefore, there was no second to the motion. Ron Williams reinstated his original motion. Randy Howell seconded the motion which failed by the following vote: 4 Ayes: Giffin, Howell Nays: Bass, Dorety, Williams Absent: Thompson, Zimmerman The variance failed. InGuIlle Next, the Board of Zoning Adjustment considered the minutes of the November 4, 1991, meeting. Patti Bass made a motion to approve the minutes with one correction, adding Gil Traverse, City Council Representative, as being present. Randy Howell 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 Patti Bass asked about the off - premise development signs. Gil Traverse explained that if the sign ordinance was amended, it could not be restricted to just home builder's signs. Marcy Ratcliff explained that the City Attorney's Office did send a letter to Tommy Hardy explaining what can and cannot be done with the off - premise signs, but it goes against Council desires to prevent off - premise advertising. Before the meeting was adjourned, Mr. C.C. Hall arrived at the meeting. Chairman Giffin reconvened the meeting and reopened the Public Hearing for BZA91 -36. Chairman Giffin administered the Oath of Truth to Mr. C.C. Hall, Jr. of 1915 Sheffield, Grapevine, Texas. Greg Wheeler explained to Mr. Hall the Board's decision. Mr. Hall spoke and explained that the trailer was located on adjacent property, that he owns, which is platted separately. Mr. Hall explained that he wanted to use the trailer to continue his construction business. There was concern from the Board whether Staff still supported the request after learning that the trailer had been located on a different piece of property. Greg Wheeler stated that he had no problem with the trailer being located on an adjacent piece of property. 5 Chairman Giffin asked if any of the Board members supported repealing the earlier motion. No one was in favor of repealing the earlier motion. John Dorety 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 John Dorety then 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 7:25 P. M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJU TMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE DAY OF - 5 4,�.i CCc y_ 1992. C) ATTEST: SECRETARY N.