HomeMy WebLinkAbout1992-11-02STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE
The Board of Zoning Adjustment for the City of Grapevine, Texas met in regular
session, Monday evening, November 2, 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
Randy Howell
Secretary
Ery Meyer
Member
Chris Coy
Member
Ron Williams
1st Alternate
Al Zimmerman
2nd Alternate
constituting a quorum with Vice President, Patti Bass absent. Also present was City
Council Representative Gil Traverse and the following City Staff:
Greg Wheeler Building Official
Marcy Ratcliff Planner
Gerrie Anderson Administrative Secretary
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Chairman Charles Giffin called the meeting to order at 6:00 p.m.
OLD BUSINESS
The item of old business for the Board of Zoning Adjustment to consider was BZA92-
18, Mr. Allen Birmingham who is asking the Board to allow him to withdraw his
request to vary from the signage setbacks of Section 60 of the Grapevine
Comprehensive Zoning Ordinance 82 -73 for Lot 1 -R, Block L, Oak Knolls Lakeview
Addition, addressed as 2101 West Northwest Highway.
Mr. Birmingham's application BZA92 -18 was partially approved August 31, 1992.
The sign setback request was tabled, so specific sign elevations could be shown to
the Board at the next meeting. In the mean time Mr. Birmingham has requested to
withdraw his application because he will be able to meet the Ordinance requirements.
Ron Williams made a motion to accept Mr. Birmingham's letter of withdrawal of his
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request to vary from the signage setbacks of Section 60 of the Grapevine
Comprehensive Zoning Ordinance 82 -73. Chris Coy seconded the motion which
prevailed by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
NEW BUSINESS
BZA92-21, JAMES AND NANCY STRATMM
The first item of new business for the Board of Zoning Adjustment to consider was
BZA92 -21, submitted by James and Nancy Stratman who are requesting a variance
from Grapevine Comprehensive Zoning Ordinance 82 -73, Section 15.G.1., "R -7.5
Single Family District Regulations which requires a 30 foot front yard building setback.
The request is to allow the existing house a maximum two foot variance to encroach
the 30 foot front yard setback as shown on the plot plan for 4703 Brenton Oaks
Drive, legally described as Lot 3, Block 5, Glade Crossing Addition IA.
Nancy Stratman, applicant, took the Oath of Truth and explained that when their
property was surveyed for refinancing purposes, the garage was setting 1.4 feet
toward the front. Ms. Stratman explained that the mortgage company would not give
the loan until the City approved the encroachment.
Marcy Ratcliff noted three letters had been received from neighbors stating approval
for the variance.
With no one else to speak either for or against the request, Ron Williams made a
motion to close the public hearing. Ery Meyer seconded the motion which prevailed
by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
Randy Howell then made a motion that a special condition did exist and the special
condition being the house is pre - existing and the encroachment is no fault of the
applicant. Chris Coy seconded the motion which prevailed by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
IN
Randy Howell made a motion to grant the variance to Grapevine Comprehensive
Zoning Ordinance 82 -73, Section 15.G.1, R -7.5, Single Family District Regulations to
allow the existing house a maximum two foot variance to encroach the 30 foot front
yard setback as shown on the plot plan. Ery Meyer seconded the motion which
prevailed by the following vote:
Ayes:
Giffin, Howell, Meyer, Coy, Williams
Nays:
None
Absent:
Bass
The next item of new business was for the Board of Zoning Adjustment to consider
BZA92 -22, submitted by Drees Homes. Drees Homes was asking for a variance to
Grapevine Comprehensive Zoning Ordinance 82 -73, Section 15.G.2., R -7.5, Single
Family District Regulations for 1910 Hartford Road, legally described as Lot 15, Block
3, Saybrooke Addition.
Greg Wheeler explained that Drees Homes would like the Board of Zoning Adjustment
to consider their request to withdraw case BZA92 -22. Mr. Wheeler explained that the
applicant was trying to put too large a house on the lot and wanted to request
withdrawal of the case.
Three letters of approval and one letter of denial had been received for this case.
Chris Coy made a motion to close the Public Hearing. Ron Williams seconded the
motion which prevailed by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
Chris Coy then made a motion to accept Drees Homes withdrawal of BZA92 -22. Ron
Williams seconded the motion which prevailed by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
The next item of new business was for the Board of Zoning Adjustment to consider
BZA92 -23, submitted by Rustin Behl who is requesting a variance from Grapevine
Comprehensive Zoning Ordinance 82 -73, Section 20.G.2., R -TH, Townhouse District
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Regulations which requires a 25 foot rear yard building setback. The request is to
allow the existing townhouse a maximum two foot variance to encroach the 25 foot
rear yard as shown on the plot plan for 1435 Hampton Road, Lot 9 -R -A, Block 1 -R,
Hampton Road Addition.
Greg Wheeler explained that after a closing survey was done for the purposes of
selling the property, Mr. Behl submitted a variance application for an encroachment
that was found.
Carolyn Kohls of 1422 Hampton Road, Grapevine, Texas, took the Oath of Truth. Ms.
Kohls explained that she was a homeowner in the area and wanted an explanation of
how a home was built in violation of the city code.
Greg Wheeler explained that when these homes were built, the setback inspections
were not as accurate. Mr. Wheeler explained that now, the builders have to pull
stringlines and have surveyors place the property pins.
Jonathan Parker of 956 Harbor, Grapevine, Texas took the Oath of Truth. Mr. Parker
explained that he lives behind the subject property and is concerned about his
property losing value because of this house being too close to his property line.
With no one else to speak either for against the request, Ron Williams made a motion
to close the public hearing. Chris Coy seconded the motion which prevailed by the
following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
Ery Meyer made a motion that a special condition did exist and that the special
condition was the current owner purchased the townhouse, zoned Site Plan and is no
fault of the applicant. Randy Howell seconded the motion which prevailed by the
following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
Ery Meyer made a motion to grant the variance to Grapevine Comprehensive Zoning
Ordinance 82 -73, Section 20.G.2, to allow the existing townhouse a maximum two
foot variance to encroach the 25 foot rear yard as shown on the plot plan. Chris Coy
seconded the motion which prevailed by the following vote:
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Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
The next item of new business was for the Board of Zoning Adjustment to consider
BZA92 -24, submitted by Theodore L. Cottrell who is requesting a variance to
Grapevine Comprehensive Zoning Ordinance 82 -73, Section 15.G.1., R -7.5, Single
Family District Regulations which requires a minimum 30 foot front yard building
setback for 509 Woodhill Court, Lot 14, Block 6, Glade Woods Addition. However,
the property was platted with a minimum 35 foot front yard setback.
Greg Wheeler explained the request is to allow the existing house a maximum one
foot variance to encroach the 35 foot front yard setback as shown on the plot plan.
For refinancing purposes, the property was surveyed and found to have a front yard
encroachment.
Marcy Ratcliff stated that she received one letter of approval.
With no one else to speak for or against the request, Randy Howell made a motion to
close the public hearing. Ery Meyer seconded the motion which prevailed by the
following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
Chris Coy then made a motion that a special condition did exist and the special
condition is that the current owner purchased the property without knowledge of the
encroachment and is no fault of the owner. Randy Howell seconded the motion
which prevailed by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
Chris Coy made a motion to grant the variance to Grapevine Comprehensive Zoning
Ordinance 82 -73, Section 15.G.1, to allow the existing house a maximum one foot
variance to encroach the 35 foot front yard setback as shown on the plot plan. Randy
Howell seconded the motion which prevailed by the following vote:
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Ayes: Giffin, Howell, Meyer, Coy, Williams
Nays: None
Absent: Bass
M TO NEW R Ut V I R 11: 1 - : - WAP02111V ft A •
Next the Board of Zoning Adjustment considered the interpretation of Section 42.G.,
Supplementary District Regulations.
G. PROJECTIONS INTO REQUIRED YARDS: Certain architectural features,
fences, walls, and hedges may project into or be located in required
yards as follows:
2. Balconies, bay windows, and chimneys not more than three (3)
feet into front yards, or two (2) feet into side and rear yards.
Greg Wheeler explained that a builder had questioned whether a bay window was an
exemption or an encroachment? Mr. Wheeler explained staff's interpretation of
Section 42.G.:
When a bay window overhangs the building line as an architectural feature,
then it may project into the required yard as allowed by Section 42.G.2.
When it is built with a foundation and is used as living area square footage,
then it is an encroachment and should not be allowed.
After further discussion, Ron Williams made a motion to adopt staff's interpretation
of Section 42.G., as noted in the memo. Al Zimmerman seconded the motion which
prevailed by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams, Zimmerman
Nays: None
Absent: Bass
MINUTES
Next the Board of Zoning Adjustment considered the minutes of the August 31, 1992,
meeting.
Ery Meyer made a motion to accept the minutes of the August 31, 1992, meeting as
written. Chris Coy seconded the motion which prevailed by the following vote:
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Ayes:
Giffin, Howell, Meyer, Coy, Williams, Zimmerman
Nays:
None
Absent:
Bass
MISCELLANEOUS REPORTS AND DISCUSSION
Marcy Ratcliff announced there will be three cases for the December meeting.
Chairman Giffin asked if the December 7th meeting could be held a week early on
November 30.
Everyone was in agreement of moving December's meeting to November 30.
All members also agreed on keeping the regular January meeting on January 4, 1993.
it q -
With no further discussion, Chris Coy made a motion to adjourn. Al Zimmerman
seconded the motion which prevailed by the following vote:
Ayes: Giffin, Howell, Meyer, Coy, Williams, Zimmerman
Nays: None
Absent: Bass
The meeting was adjourned at 6:45 p.m.
PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY
OF GRAPEVINE, TEXAS, ON THIS THE DAY OF 1993.
SECRE Y
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CHAIRMAN