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HomeMy WebLinkAbout1992-02-03AGENDA CITY OF GRAPEVINE, TEXAS REGULAR BOARD OF ZONING ADJUSTMENT MEETING MONDAY, FEBRUARY 3, 1992, AT 6:00 P.M. CITY COUNCIL CHAMBERS, ROOM #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS 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 BZA92 -01, SUBMITTED BY MR. DOUG SMITH AND CONSIDERATION OF THE SAME. B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA92 -02, SUBMITTED BY MR. FRANK ROBERSON, ENCHANTED HOMES, INC., AND CONSIDERATION OF THE SAME. C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA92 -03, SUBMITTED BY CARSWELL CREDIT UNION AND CONSIDERATION OF THE SAME. D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA92 -04, SUBMITTED BY MR. C.C. HALL, JR., AND CONSIDERATION OF THE SAME. E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA92 -05, SUBMITTED BY MR. TIM LANCASTER AND CONSIDERATION OF THE SAME. F. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA92 -06, SUBMITTED BY MR. TIM LANCASTER AND CONSIDERATION OF THE SAME. IV. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE DECEMBER 2, 1991, AND JANUARY 6, 1992, MEETINGS. 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 BOARD OF ZONING ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 31ST OF JANUARY, 1992, AT 5:00 P.M. w end- ° 4n � ;i COMMUNITY DEVELOPMENT DIRECTOR 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, February 3, 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 Randy Howell Member Ron Williams 1st Alternate Al Zimmerman 2nd Alternate constituting a quorum with Secretary Gerald Thompson, and Member John Dorety absent. Also present were City Council Representative, Gil Traverse, City Council Member, Ted Ware, and Assistant City Manager, Trent Petty. The following City Staff were also present: H. T. (Tommy) Hardy Greg Wheeler Joy Carroll Marcy Ratcliff Roger Beecham Gerrie Anderson CALL TO ORDER Community Development Director Building Official Administrative Aide Planner Attorney, City Attorney's Office Administrative Secretary Chairman Charles Giffin called the meeting to order at 6:11 p.m. NEW BUSINESS BZA92-01, MR. DOUG SMITH The first item of new business for the Board of Zoning Adjustment to consider was BZA92-01, submitted by Mr. Doug Smith. Mr. Smith is requesting a variance from Grapevine Comprehensive Zoning Ordinance 82-73, Section 42.D to allow a 13 foot variance into the required 15 foot side yard setback on the street side. If the variance is approved, it will provide a two foot setback at the fenced side. The property is located at 1527 Briarcrest, Lot 1, Block 2, Dove Crossing Subdivision. Greg Wheeler explained that Mr. Smith is requesting to construct an accessory building in the side yard which would be visible from the street. Mr. Wheeler explained that Staff fails to see a special condition and from the diagram, there appears to be adequate space for the accessory building to be set to the rear of the deck and swimming pool. 1 Doug Smith, applicant, took the Oath of Truth, and explained that there was no other place to put the shed except in the side yard, which he feels creates a hardship. Don Brown of 1807 Sonnet, Grapevine, took the Oath of Truth and explained that he was a neighbor of Mr. Smith and believes the shed will not encumber the neighborhood. Scott Schafer of 1512 Briarcrest, Grapevine, took the Oath of Truth and stated that the shed was not an eyesore, it was built well and he has no problem with the variance. 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, Howell, Zimmerman Nays: None Absent: Thompson, Dorety Abstain: Williams Greg Wheeler noted that Mr. Smith did have the shed framed and the floor installed. Chairman Giffin explained that he did not feel a special condition existed and that the ordinance was written to prevent such structures being built so close to the street. Patti Bass made a motion that a special condition did not exist. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Zimmerman Nays: None Absent: Thompson, Dorety Abstain: Williams Patti Bass then denied the variance to Grapevine Zoning ordinance 82-73, Section 42.D. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Zimmerman Nays: None Absent: Thompson, Dorety Abstain: Williams BZA92-02, FRANK ROBERSON, ENCHANTED HOMES, INC. The next item of new business for the Board of Zoning Adjustment to consider was BZA92-02, submitted by Frank Roberson, who is requesting a variance from Grapevine comprehensive Zoning ordinance 2 82 -73, Section 15.G.3. The request is for a 15 foot variance, to allow a 10 foot rear yard setback at the southwest corner of the proposed residence, instead of the 25 foot required rear yard setback. The property is located at 3321 Clearfield Drive, Lot 112, Block 1, Countryside Estates. Greg Wheeler explained that due to the irregularly shaped lot, the buildable area behind the required 30 foot front setback is limited. Mr. Wheeler also noted the house is as close to the property line as it can be. Frank Roberson, applicant, of 2205 Lakeview, Bedford, took the Oath of Truth. Mr. Roberson explained the back elevation of the house, closest to the property line, will not have any windows. Steve Newby, a neighbor at 3322 Clearfield Drive, Grapevine, took the Oath of Truth and asked about the square footage of the house. Mr. Roberson stated that the house will have approximately 1,965 square feet of living area. Joy Carroll read a letter from Joe Wright Construction Company, stating their support for the variance. 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, Howell, Williams, Zimmerman Nays: None Absent: Thompson, Dorety NOTE: Second Alternate, Al Zimmerman, had to leave the meeting at this time. Patti Bass made a motion that special conditions did exist and the special conditions are, the lot is shaped irregular and the buildable area behind the 30 foot front yard setback is limited. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman Patti Bass then made a motion to grant the applicant's request for a 15 foot variance to allow a 10 foot rear yard setback at the southeast corner of the proposed residence instead of the 25 foot rear yard setback required by Grapevine Comprehensive Zoning Ordinance 82 -73, Section 15.G.3. Ron Williams seconded the motion which prevailed by the following vote: 3 Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman BZA92-03, CARSWELL FEDERAL CREDIT UNION Next, the Board of Zoning Adjustment considered BZA92-03, submitted by Carswell Federal Credit Union. The applicant is requesting variances from Grapevine Comprehensive Zoning ordinance 82-73, Section 60, Signs, B.2.c.4, to exceed 12 foot maximum cabinet height by 2 feet to allow a 14 foot sign cabinet height; B.2.c.4 - to exceed 12 foot maximum cabinet width by 2 feet 1 1/2 inches to allow 14 1/2 feet; B.2.c.11 - to exceed 20 foot overall height by 10 feet to allow 30 foot height; B.2.c.11 - to exceed 108 square foot maximum surface area requirement by 52 square feet to allow 162 square feet; and C.5 - request to allow an electronic message center in area of changeable copy. The Zoning ordinance provides for a time and temperature message only. Staff recommends denial of the variance because a special exception cannot be found to justify a recommendation for the Board to approve the requested variances. Mr. Alan Yarborough, applicant, of 925 S. Main, Grapevine, Texas, took the Oath of Truth. Mr. Yarborough explained that Carswell Credit Union owns the building and the size of the current sign is not appropriate to the size of the building. Mr. Yarborough expressed the existing sign has hindered their business and feels a message center with additional signs representing the other tenants is needed for maximum visibility. David Green of Chandler Signs, Inc., 9129 Directors Row, Dallas, Texas 75247, took the Oath of Truth and explained the signage is well designed and shows integrity of the business. Mr. Green noted that he could compromise with other design requirements for the sign. Jerry Pittman, of 346 Pebblebrook, Grapevine, Texas, took the Oath of Truth, and stated that he was against the variance. Mr. Pittman explained that having a 10 foot larger sign would create a precedent along Main Street, that other businesses would want to take advantage of. With no one else to speak either for or against the request, Randy Howell made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman 4 Patti Bass then made a motion that no special condition exists and to deny BZA92-03 variance request. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman BZA92-04. MR. C.C. (BUDDY) HALL The next item of new business was for the Board of Zoning Adjustment to consider BZA92-04, submitted by C.C. (Buddy) Hall who is requesting a Special Exception in accordance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 68.H.4, Board of Zoning Adjustment. The approval of the Special Exception would allow Mr. Hall to use the non-conforming office/storage building, which has been relocated from behind the former Hall Construction rock office structure (where it was an "accessory building") , to be used as an office behind the GTE facility on the adjacent tract which is owned by Mr. Hall. The location of the property is 618 E. Northwest Highway. 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." Staff recommended the Board of Zoning Adjustment waive the "one year refiling" requirement in accordance with Section 68.J and consider Mr. Hall's current request, BZA92-04. Patti Bass made a motion to waive the one year requirement to reconsider the case because there was confusion on the solutions on the case. The following vote occurred: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman Mr. Wheeler explained that Mr. Hall has moved the trailer behind the existing GTE building and it does meet the criteria of the Zoning Ordinance because his property is in tract form and not platted. Mr. C.C. (Buddy) Hall of 1915 Sheffield, Grapevine, Texas, took the Oath of Truth and explained about the confusion at the last public hearing concerning the property line and the trailer's location. 5 Gil Traverse of 326 Springbrook Ct, Grapevine, TX, took the oath of Truth and explained that Mr. Hall is wanting to continue his business and is just wanting to relocate the trailer on the same piece of property. Mr. Traverse further explained that Council was for building economic development and feels this is a hardship for Mr. Hall who has been in business many years in Grapevine. Joy Carroll noted that she had received one phone call from a lady that lived on Wall Street expressing her thanks to Mr. Hall for cleaning up his property. With no one else to speak concerning the case, Ron Williams made a motion to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman Greg Wheeler stressed to the Board that this request is an exception and not a variance. If the trailer is ever moved from the property or burns, it could not be replaced. The members were concerned about the trailer remaining on the property a long period of time and discussed putting a time frame with the variance. Patti Bass then made a motion that special conditions did exist and the special conditions being that the non-conforming use has not been abandoned, it has continued, even though the location of the structure has changed, and does not feel that by granting this special exception, would extend the life of the non-conforming structure excessively. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman Patti Bass continued to make the motion to grant the special exception to allow Mr. Hall to use the non-conforming office/storage building which has been relocated on this tract of land, and he be allowed to use this as the office/storage building for Hall Construction for a period of five years from today I s date. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman 0 BZA92-05 AND BZA92-06, MR. TIM LANCASTER The next two items of new business for the Board of Zoning Adjustment to consider was BZA92-05 and BZA92-06, submitted by Tim Lancaster. Mr. Lancaster is requesting variances to Grapevine Comprehensive Zoning Ordinance 82-73, Section 17.F.2 to allow the 7,162 square foot lot as platted instead of the 8,000 square feet presently required; and to allow a 25 foot front setback, a 5 foot variance to section 17.G.1's minimum 30 foot front yard setback requirement for 1808 and 1810 Evergreen Court, Lot 7, Block 5, Ridgecrest Addition. Lot 7 was platted at 7,162 square feet in early 1984 before the City-wide rezoning was completed and the adoption of Section 17, R-3.5, Duplex, 8,000 square foot minimum lot size requirements and 30 foot front yard setback requirement. The variances requested must be approved by the Board of Zoning Adjustment before City Council may approve the replat requested by Mr. Lancaster. Marcy Ratclif f noted that the second part of the request to Section 17.G.1 of the Grapevine Comprehensive Zoning Ordinance was not applicable and does not need a variance because Mr. Lancaster had already received a variance (BZA85-43) to reduce the 30 foot front yard by five feet for a 25 foot front yard. He received his variance because he platted prior to the adoption of the Ordinance. Prior to this meeting, the Planning and Zoning amended Section 17.G.1. allowing a six foot side yard for a two-unit townhouse. Tim Lancaster applicant, of 2010 Forest Hill Road, Grapevine, took the Oath of Truth and explained that when the subdivision was developed, it was zoned R-3.5, Duplex and required 7,000 square foot lot sizes. Since then, the ordinance has been amended requiring 8,000 square foot lot minimums. Mr. Lancaster explained that his non-conforming Lot 7, which he has submitted for replatting into Lots 7A-R and16B-R, Block 5 is 7,162 square feet and falls short of the 8,000 square foot requirement. 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 Nays: None Absent: Thompson, Dorety, Zimmerman Randy Howell made a motion that a special condition did exist on Lot 7, Block 5, because it was platted as 7,162 square feet prior to the City-wide rezoning. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman 7 Randy Howell made a motion to approve the variance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 17.F.2. to allow the 7,162 square foot lot as platted instead of the 8,000 square feet presently required. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman MINUTES Next, the Board of Zoning Adjustment considered the minutes of the December 2, 1991, and January 6, 1992, meetings. Ron Williams made a motion to accept the minutes, as written, of the December 2, 1991, and the January 6, 1992, meetings. Patti Bass seconded the motion which prevailed by the following vote: Ayes.: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman MISCELLANEOUS DISCUSSION AND /OR REPORTS Ron Williams asked about the issue of off-premise development signs. Tommy Hardy noted that the issue would be before the City Council Tuesday, February 4, 1992, and Centex's case will be before this Board at the regular March meeting. Assistant City Manager, Trent Petty, described each of the propositions of the upcoming Bond Election to the Board members. ADJOURNMENT With no further business, Patti Bass made a motion to adjourn the meeting. Ron Williams seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Williams Nays: None Absent: Thompson, Dorety, Zimmerman The meeting was adjourned at 8:00 p.m. E4.1 PASSED AND APPROVED BY THE BOARD OF ZONING ADJUST ENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE DAY OF 1992. ATTEST: ECRETARY oj A'D'O'DnX7Vn.