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HomeMy WebLinkAbout1988-02-01@!.'Y' r ` CITY OF GRAPEVINE REGULAR ::•••r OF •, ADJUSTMENT M MONDAY, FEBRUARY 1, 1988 AT 6:00 • COUNCIL CITY r E• i 307 WEST DALLAS ROAD, GRAPEVINE, TEXAS • • ••r •� a III. OLD BUSINESS IV. NEW BUSINESS A. c•••r OF s, ADJUSTMENT TO CONDUCT • PUBLIC BEARING RELATIVE • BOARD • • ADJUSTMENT C• • :: 1 SUBMITTED BY MR. • • C. FOSTER, AND CONSIDERATION OF r# • 11, 17 r •• r • VI. CONSIDERATION OF THE MINUTES OF JANUARY 4, 1988 IV. NEW BUSINESS B. :•`•r OF • ADJUSTMENT • CONDUCT A WORKSHOP WITH TFI-2 PLANNING • r ZONING COM4ISSION AND THE CITY ATTORNEY'S OFFICE RELATIVE TO THE ROLES AND PROCEDURES OF i :i *'r OF • / ADJUSTN[ENT AND THE PLANNING AND ZONING CODMSSION. IN ACCORDANCE WITH ARTICLE 6252-17, V.Z.T.C.S., AS AMENDED BY CHAPTER ACTS OF i E 61ST LEGISLATURE, REGULAR SESSION, BOARD OF ZONING ADJUSTMNT REGULAR 1.1 • Ly'.F r • WAS PREPARED ' r POSTED • THIS THE 29TH DAY OF JANUARY AT 5 PM. LIP 9 WA I L9JNU4J4I%AJ0k TIQL1 The Board of Zoning Adjustment for regular session on Monday, February Chambers, #205, 307 West Dallas Road, members present to wit: Robert Hinson Charles Giffin Gerald Thompson Tim Hobbs Becky Swann Raymond Truitt the City of Grapevine, Texas, met in 1, 1988 at 6:00 P.M., in the Council Grapevine, Texas, with the following Vice-Chairman Secretary Member Member 1st Alternate 2nd Alternate constituting a quorum, with Chairman, Don Bigbie, absent. Also present was Council Representative, Gil Traverse and Ted Ware, and Chris Caso, Attorney with the City Attorney's Office. The following City Staff was also present to wit: H. T. {Tommy) Hardy Director of Community Development Joy Carroll Administrative Aide Greg Wheeler Assistant Building Official Marcy Ratcliff Planner Gerrie Taylor Administrative Secretary mamm• •.��g Acting Chairman, Robert Hinson, approximately 6:00 P.M. OLD BUSINESS called the meeting to order at Robert Hinson announced that after the Board of Zoning Adjustment meeting, at 7:00 P.M., there will be a joint meeting with the Planning and Zoning Commission and the Board of Zoning Adjustments. Q112010010"SIN . - : . "I . cm -ga �tc The first item of new business was for the Board of Zoning Adjustment to consider BZA 88-02, submitted by Victor C. Foster who is requesting a variance from Grapevine Zoning Ordinance 82-73, Section 15.G.1 which requires a thirty foot (30') front yard setback, and a variance from Section 15.G.2 which requires a six foot (6') side yard setback for the residence located at 2821 Creekwood Ct., Lot 24, Block 2, Creekwood Estates. Joy Carroll explained that this was a request from the Foster Is finance company, which at the time of the survey, a seven (7') foot variance for the front yard setback was indicated, and a six (61) foot variance for the side yard was indicated. Joy stated that Staff recommends approval. Deanna Foster, applicant of the request, took the Oath of Truth and stated that before closing, the survey showed the encroachment and the mortgage company requested the variance. With no one else to speak either for or against the request, Charles Giffin made a motion to close the Public Hearing. Tim Hobbs seconded the Motion which prevailed by the following vote: Ayes: Hinson, Giffin, Thompson, Hobbs, Swann Nays: None Absent: Bigbie Charles Giffin made a motion that a special condition does exist. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Hinson, Giffin, Thompson, Hobbs, Swarm Nays: None Absent: Bigbie Charles Giffin then made a motion that the special condition justifying the variance is that the house is existing and that the encroachment was missed on previous surveys and based on those special conditions, to grant the variance for Grapevine Zoning Ordinance No. 82-73, Section 15.G.1, to allow a twenty-three (23') foot front yard setback, necessitating a seven (7') foot variance, and to Section 15.G.2, which requires a six (6') foot side yard variance, to allow for a five foot-six inch (5'6") side yard. Tim Hobbs seconded the motion which prevailed by the following vote: Ayes: Hinson, Giffin, Thompson, Hobbs, Swann Nays: None Absent: Bigbie Tonmy Hardy explained how the loan companies are reacting and requiring people to go before the variance boards. Tamny also announced to the Board that Mr. Shah has converted his garage [#,P.ck with a garage door, located at 1501 Cimarron Trail. Gerald Thompson inquired about a previous case of a covered patio being denied • Hyland Greens Drive. Tommy stated that the Planning and Zoning Ccumission will be setting a public hearing to consider amnding patio covers being allowed in rear yards, and if that is amended, then the patio cover on Hyland Greens would probably meet the requirements. 5101 SUN Charles Giffin made a motion to accept the minutes of the January 4, 1988 meeting. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Hinson, Giffin, Thcopson, Hobbs, Swann Nays: None Absent: Bigbie With no further discussion, Charles Giffin made a motion to adjourn the meting. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Hinson, Giffin, Thompson, Hobbs, Swann Nays: None Absent: Bigbie PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTWNT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 4TH DAY OF APRIL —, 1988. FAVU-9M The Board of Zoning Adjustment and the Planning and Zoning Commission for the City of Grapevine, Texas, met with the City Attorney's Office to conduct a workshop relative to the roles and procedures of the Board of Zoning Adjustment and the Planning and Zoning Commission, on Monday, February 1, 1988, at 7:00 P.M. in the Council Chambers, #205, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Robert Hinson Vice Chairman Charles Giffin Secretary Becky Swann 1st Alternate Raymond Truitt 2nd Alternate Ron Cook, Chairman Larry Atchley Cathy Martin Ery Meyer Rodney Smith Larry Oliver Also present were City Council Members, Ted Ware, Sharron Spencer, and Gil Traverse, Attorney, Chris Caso, from the City Attorney's Office, and the following City Staff: H. T. (Tommy) Hardy Joy Carroll Marcy Ratcliff Greg Wheeler Gerrie Taylor Director of Community Development Administrative Aide Planner Assistant Building Official Administrative Secretary VM BOARD • ZONING ADJUSTMENT TO CONDUCT A WORKSHOP WITH THE PLANNING AND ZONING COMMISSION AND THE CITY ATTORNEY'S OFFICE RELATIVE TO THE ROLES AND PROCEDURES OF THE BOARD OF ZONING ADJUSTMENT AND THE PLANNING AND ZONING COMMISSION. Tommy Hardy opened the meeting and explained that this was for both boards to discuss their roles and to express their views and disagreements, and to have Chris Caso explain the roles and procedures of both boards. City Attorney, Chris Caso, first explained the duties of the Planning and Zoning Commission. He explained that the Planning and Zoning Commission members are appointed by the City Council, and governed by local government Code, City Charter, and by the Zoning Ordinance. The Commission hears applications for rezoning cases and makes their recommendation to City Council. The application is submitted to City Staff, then submitted to the Planning and Zoning Commission. The Planning and Zoning Commission has discussions with the applicant and city staff to insure that the development is consistent with the zoning ordinance and to insure it is best for the overall citizens and the applicant. In addition to rezoning requests, the Planning and Zoning Commission will also review any changes to the zoning ordinance. Chris Caso explained that once the Planning and Zoning Commission receives an application, it is required to send a notice to property owners within 200' of where the property is up for rezoning. Then a public hearing is set up so the applicant and interested persons can give their input. Also if there are any problems, the Planning and Zoning Commission and applicant will work together to try to work out the problems. After the application is reviewed by the Planning and Zoning Commission, then it will be reviewed by the City Council. The City Council will then either adopt or overturn the Planning and Zoning Commission's recommendation. If the proposed amendment is turned down by the Planning and Zoning Commission, or if the rezoning application receives protest from 20% of the land owners, then for approval, the City Council would have to approve it by a 3/4 vote. Chris Caso went on and explained various other sections of the Zoning Ordinance that the Planning and Zoning Commission is involved with. Concept Plans, reviewed by the Planning and Zoning CaTmission, are required in certain districts. A Concept Plan is a graphic or written outline describing what type of development will take place. Master Development Plans are submitted for certain plan developments. Plan Developments enable the City Council and Planning and Zoning Commission to have greater control over a particular development. The Master Development Plan is also an outline showing how the development is consistent with the overall comprehensive plan of the City. Site Plans are designed to aide the City Officials in reviewing building permits. The Planning and Zoning Commission will then review the site plans to see if the development is consistent with the city and zoning ordinances. Conditional Use Permits are also reviewed by the Planning and Zoning Commission, then by City Council. The sale of alcohol is an example why conditional use permits are required, and again this gives the Planning and Zoning Commission and the City Council greater control over the request. Special Use Permits are permits that address items such as T.V. antennas, etc. These permits are also reviewed by the Planning and Zoning Commission then recommendation is made to City Council. The Planning and Zoning Commission and City Council also listens to public input and makes sure the request is consistent with the Master Plan. Tree Removal Permits are reviewed for applicants who develop property and want to cut down trees. The permit goes to the Planning and Zoning Commission who will determine if the tree or trees can be cut down or if there is anyway they can be saved. The Planning and Zoning Commission also has to review plats before they can be filed at Tarrant County. After the Planning and Zoning Commission approves a plat, then it is signed by the City Council. Next, Chris Caso explained the duties and functions of the Board of Zoning Adjustment. Chris Caso explained that the primary function of the Board of Zoning Ad3ustments is granting variances from the Zoning Ordinance. When City zoning ordinances or categories are adopted, it is not designed to govern every single instance. There will be cases where people will be harmed by the operation of the ordinances. The Board, in granting a variance, determines, by reviewing and listening to the applicant and to the public, if there is an unnecessary hardship established. When Staff decides the building permit cannot be issued, then the application must be filed within 15 days. The Staff person will then prepare and transfer all records, concerning the case, to the Board for their review. Chris Caso also explained other functions of the Board which are not used as frequently. The Board decides errors which are made by Administration Officers or an administrator of the Zoning Ordinance. The Board also reviews special exceptions, for example: the Board is authorized to grant a building permit for a development that would not be permitted by the Zoning Ordinance which is ie, a vested rights-type case. The Board listens to the pros and cons to see whether a special exception should be granted. The Board permits certain modifications to a zoning district to allow for the development of a lot where the surrounding buildings are not conforming to the regulation of the district. It would be appropriate to allow a commercial building or structure in an area where there are other commercial structures. The Board votes by a concurring vote of four or more of its members in order to approve an action. If the applicant is aggrieved with the Outcome, he has ten days to appeal the case to a district court. Some of the restrictions are that the applicant is not allowed to apply for another variance on the same piece of property or some other similar request for one year from the date of the ruling. In addition to those functions, the Board can regulate non - conforming uses, such as, to move from one location to another provided the non-conforming use is not expanded. Tamiy Hardy added that when the Board of Zoning Adjustments denies without prejudice, that allows the applicant to come back before the Board at any time instead of having to wait for one year. When the Board tables a case, that mans setting that item up for another meting. After the functions and duties for both the Planning and Zoning Commission and the Board of Zoning Adjustments had been explained, then both groups had discussion on keeping the commmication lines open between them. It was also suggested to attend each other's meetings. With no further discussion, Robert Hinson made a motion to adjourn the meeting. Cathy Martin seconded the motion. The meeting was adjourned at 7:55 P.M. PASSED AND APPROVED BY THE PIANNING AND ZONING COMISSION • THE CITY OF GRAPEVINE, TEXAS • THIS THE DAY • , 1988. MUE0Elf MORMON PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE 4TH DAY OF APRIL -, 1988. RVQ--9iWz