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HomeMy WebLinkAbout1988-05-02AGENDA !' CITY OF ..• REGULAR BOARD OF O ADJUSTMENT E COUNCIL CITY ` 1: DI• 1 307 WEST DALLAS •i`D GRAPEVINE, • ' • 11..114•. BOARD OF ZONING ADJUSTMENT CHAIPMN AND SECRETARY TO SIGN MINUTES APPROVED AT THE FOLLOWING PREVIOUS MEETINGS: A. MINUTES OF THE MAY 4, 1987 MEETING, APPROVED BY THE BOARD OF ZONING ADJUSTMENT ON JUNE 1, 1987. B. MINUTES OF THE JUNE 1, 1987 MEETING, APPROVED BY THE BOARD OF ZONING ADJUSTMENT ON AUGUST 3, 1987. C. MINUTES OF THE JULY 6, 1987 MEETING, APPROVED BY THE BOARD OF ZONING ADJUSTMENT ON AUGUST 3, 1987. D. MINUTES OF THE SEPTEMBER 14, 1987, MEETING, APPROVED BY THE BOARD OF ZONING ADJUSTMENT ON OCTOBER 5, 1987. A. BOARD OF • ADJUSTMENT • CONDUCT . PUBLIC 1 . • RELATIVE TO BZA 88-08, SUBMITTED BY MARATHON RESTAURANTS, AND CONSIDERATION OF 1 SAME. SUBMITTED BY SUE ELLEN ELLIOTT AND B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BZA CONSIDERATION • 1 SAME. C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC BEARING RELATIVE TO BZA 88-10, SUBMITTED BY RICHARD AND ALISON LARSON AND CONSIDERATION OF 1 i jr. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BZA 88-11, SUBMITTED BY STEVE COPE AND CONSIDERATION OF i SAME. 1 E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BZA 88-12, SUBMITTED BY MCDONALD'S CORPORATION AND CONSIDERATION OF 1 SAME. VI. CONSIDERATION OF THE APRIL 4, 1988 MINUTES IN ACCORDANCE ARTICLE 6252-17, , AS AMENDED B a. • ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE BOARD OF ZONING ADJUSTMqT AGENDA r AND POSTED • E 29TH DAY OF APRIL, •:: AT it P.M. DIRECTOR OF • I � • • Iii 61ftVANNIN The Board of Zoning Adjustment for the City of Grapevine, Texas met in regular session, May 2, 1988, at 6•00 P.M., at 307 West Dallas Road, in the Council Chambers, #205, Grapevine, Texas, with the following members present to wit: Don Bigbie Robert Hinson Charles Giffin Gerald Thompson Timothy Hobbs Becky Swann Raymond Truitt Chairman Vice-Chairman Secretary Member Member lst Alternate 2nd Alternate constituting a quorum. Also present was City Council Representative Gil Traverse, and Chris Caso, Assistant 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 Gerrie Taylor Administrative Secretary M 0X01 Chairman, Don Bigbie, called the meeting to order at 6:05 P.M. Chairman, Don Bigbie, announced that order will be changed in moving the Old Business to the end of the meeting. NEW BUSINESS BZA 88-08, MARATHON RESTAURANTS, INC. dba: LUCIDO'S ITALIAN RISTORANTE The first item of new business was for the Board of Zoning Adjustment to consider BZA 88-08, submitted by Mr. Carlo Lucido, for Marathon Restaurants, Inc., d.b.a. Lucido's Italian Ristorante requesting variances for the property located at 116 and 120 East Worth Street, Grapevine, Texas. Joy Carroll stated that the City Council did approve the first reading of Mr. Lucido's conditional use request, but the Board of Zoning Adjustment's approval of the variances requested is necessary in order for the City Council to be able to approve the requested conditional use on the second reading of the Ordinance on May 3, 1988. Joy Carroll stated that Staff recommends denial for the variance to Section 58.B, paved parking. Staff recommends approval for Section 54, which requires seventy percent (700) masonry, a sixty-six percent (660) variance is necessary because thirty-three percent (330) is already provided. The special condition is that the structure is existing, and masonry has been provided for the entire new addition. Approval is recommended for Section 58-1, which requires twenty-five foot (25) driving lanes, because Staff feels that the amount of usable space is dictated by existing lot conditions, making it impossible to provide both parking spaces and driving lane widths to be to code. Mr. Carlo Lucido, applicant, took the Oath of Truth and explained that he feels that paving the back parking area, which includes eight parking spaces, is not necessary because it will not be very convenient for easy access. There was concern on whether Mr. Lucido was required to brick the new addition which will be approximately 200 square feet and about preserving the original siding on the west side of the building. Tommy Hardy stated that the Site Plan that Mr. Lucido submitted with his Conditional Use Request shows the new addition to be masonry. Gil Traverse, Council Representative, stated that he felt the back parking lot would not be used much because of the size and location in the rear of the building. Mr. Traverse also stated that City Council did pass an ordinance on dust control in which something could be done if there was ever a problem with dust. BOARD • ZONING ADJUSTMENT MAY 2, 1988 PAGE 2 After further discussion on setting a time limit for the rear parking to be paved sometime in the future, Charles Giffin made a motion to close the Public Hearing. Tim Hobbs seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None After further discussion amonq the mmObers, Charles Giffin made a motion that a special condition does exist. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Charles Giffin moved that the special condition that exists for Section 58.B, paved parking requirements, is that it is an existing parking lot and is located in the back of the building and has very little traffic. The special condition for the masonry requirements, Section 54, is that the building is of historic nature and the siding on the west side has the appearance of brick. And the special condition for the driving lane widths, Section 58-1, is the amount of usable space is dictated • existing lot conditions which make it inWssible to provide both parking spaces and driving lanes to code. Mr. Giffin also moved that based on these special conditions, variances be granted to the pavement of the parking lot for a period of three (3) years. Robert Hinson seconded the motion. Tbmmy Hardy suggested having the three year period for the parking to be paved starting the date the Certificate of occupancy is issued. Charles Giffin amended his notion to include Mr. Hardy's recammendation. Robert Hinson amended his second to the motion. Before the Board voted, Gerald Thompson stated that he disagreed with the special condition on the parking lot and feels three years is too long in order for it to be paved. Tim Hobbs had a problem with voting for all the variances together and suggested considering them separately. Chairman, Don Bigbie, then called for a vote on the previous motion. Ayes: Hinson, Giffin Nays: Bigbie, Thompson, Hobbs Absent: None The motion failed. Charles Giffin then made a motion that based on the special condition of the existing building being • historic value, and having special siding, to grant the variance to Grapevine Zoning Ordinance 82-73, Section 54, for masonry requirements according to the site plan. Gerald Thcmpson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Charles Giffin made a motion that based • the special condition, a variance be granted to Section 58-1, allowing for a three foot-seven inch (3'7") variance to the twenty-five foot (25') driving lane requirezents and the special condition being that the amount of usable space is dictated by existing lot conditions making it impossible to provide both parking spaces and driving lane widths to be to code. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None After more discussion on the rear parking lot, Tim Hobbs moved that a special condition does exist and the special condition being that tho :aARD OF ZONING ADJUSTM�T MAY 2, 1988 PAGE 3 parking lot is existing. Charles Giffin thought that the special condition could be that the parking lot is behind the building, the intent is to have minamum, use for delivery and employee parking versus customer parking, as well as it is existing, and to grant the variance on a time limit. Tim Hobbs amended his motion to include the special conditions stated by Charles Giffin. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Hobbs Nays: Thompson Absent: None Tim Hobbs then moved that a variance be granted to Grapevine Zoning Ordinance 82-73, Section 58.B and that the variance be granted for a period of two (2) years from the date of the Certificate of occupancy. Robert Hinson seconded the motion. Council Representative, Gil Traverse, was concerned that the motion takes away public parking and that might concern the City Council. Don Bigbie stated that the special condition is an intended use stated by the applicant. Tommy Hardy explained that Mr. Lucido had convinced the Planning and Zoning Commission that he would have adequate parking with Mr. Guest and the Foust's parking lots available. The motion was then voted on. Ayes: Bigbie, Hinson, Giffin, Hobbs Nays: Thompson Absent: None The motion was passed. rWZA 88-09, SUE ELLEN ELLIOTT The next item of new business was for the Board of Zoning Adjustment, to consider BZA 88-09, submitted by Sue Ellen Elliott who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1, which requires a thirty foot (30') front yard setback for 2923 Peninsula Drive. If approved, the variance will allow a twenty-four foot (241) front yard, requiring a six foot (6') encroachment. Sue Ellen Elliott, of 2923 Peninsula Drive, Grapevine, Texas, took the Oath of Truth and explained how there is no room on either side of the house to build the garage and how the back of the lot slopes which is also not buildable. Ms. Elliott also stated that the neighbors did not object and read into the record a letter of approval from C. R. and Nancy Donally, who live at 2918 Peninsula Drive. With no one else to speak either for or against the request, Robert Hinson made a motion to close the Public Hearing. Charles Giffin seconded the notion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Tim Hobbs then made a motion that a special condition does exist. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Tim Hobbs made a notion stating that the special condition being the unusual shape of the lot would prevent the garage being built any other location and not having a garage is a hardship to a family. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None BOARD OF ZONING ADJUSTTEWI MAY 2, 1•88 PAGE 4 Tim Hobbs made a motion to grant a variance to Grapevine Zoning Ordinance 82-73, Section 15.G.1, which requires a thirty foot (30') setback to allow for a twenty-four foot (24') front yard setback which does allow for a six foot (6') encroachment. Robert Hinson seconded the motion which prevailed I• y the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None BZA 88-10, RICHARD AND ALISON LARSON Joy Carroll explained that the Larsons are wanting to construct a 12 X 32 foot swimming pool, but because of their back yard being different levels, there is only twelve feet (121) in which to construct a pool. Joy Carroll read into the record a letter from. Mr. Robert Frost of 3506 Fieldw••• Court, Grapevine, Texas, stating approval. With no one to speak either for or against the request, Tim Hobbs made a motion to close the Public Hearing. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Aobert Hinson made a motion that a special condition does exist. Gerald Thcrnpson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Robert Hinson made a motion that the special condition is due to the location of the retaining walls, and the layout of the size and shape of the lot and house which prevents the owners best use of the lot, and provides a hardship. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Robert Hinson then made a notion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 15.B.6 to allow a three foot (3') encroachment • the property. Tim Hobbs seconded the notion which prevailed by the following vote: BOARD OF ZONING ADJUSTMENT MAY 2, 1988 PAGE 5 Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None The next item of new business was for the Board of Zoning Adjustment to consider BZA 88-11, submitted by Steve Cope, who is requesting variances to Grapevine Zoning Ordinance 82-73, Section 60.B.2.(c)(6) which allows thirty percent (30%) of the gross sign face surface to be utilized as changeable copy. If approved, the variance will allow thirty-six percent (360) changeable copy, a variance of six percent (6%) of the gross cabinet surface area, and to Section 60.B.2. (c) (4) which allows a R-Oximu-n cabinet height of twelve feet (12'). If approved, the height allowed will be fourteen feet (14') , a two foot (2') variance for the property located at 3125 Ira E. Woods, Lot 1, Block 1 of the Mustang Plaza Addition. Mike Cope, of Rt. 1, Box 45A, Justin, Texas, and representative of Steve Cope, took the Oath of Truth. First of all, Mr. Cope wanted to state a change in the memo, to Section 60.B. 2. (c) (4) stating that the square footage of the sign which is 72 square feet needed to be changed to 84 square feet. Also, Mr. Cope found that the amount of the sign cabinet requirement is thirteen and one/half feet (13.5) tall and that the drawings submitted are inaccurate. The price sign is four feet-six inches (416") tall and that would reduce the percentage to 33 square feet. Mr. Cope also stated that this station was located on Highway 26, which is a state highway and feels they need extra square footage to advertise the property, dell-mart and service station. There was discussion on how this sign compares to the sign on Highway 121 and Timberline Drive. Tommy Hardy explained that the sign on Highway 121 is a standard Texaco sign with over thirty percent (30%) changeable copy. Ron Cook, of 403 Bluebonnet, Grapevine, Texas, took the Oath of Truth and wanted to make clear that Highway 26 is not a designated freeway and feels there is no site distance problem. With no one else to speak either for or against the request, Charles Giffin made a motion to close the Public Hearing. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None After further discussion, Charles Giffin made a motion that a special condition does exist. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Charles Giffin made a motion that the special condition that exist is the fact that the sign proposed is a standard sign by a national oil company to create an image through-out the community. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Charles Giffin made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 60.B.2(c) (6) allowing thirty percent (30%) of the gross sign face surface to be used as changeable copy with the provision that the sign only be used to display gas prices with the type of gasoline being permanently affixed and to Section 60.B.2. (c) (4) allowing a cabinet height of thirteen feet-six inches (13'6"), a one foot-six inch (116") variance. Robert Hinson seconded the motion which prevailed by the following vote: BOARD • ZONING ADJUSTMENT MAY 2, 1•88 PAGE 6 Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None BZA 88-12, MCDONAIDS The last item of new business was for the Board of Zoning Adjustment to consider BZA 88-12, submitted by McDonald's Corporation requesting variances from the following sections from Grapevine Zoning Ordinance 82-73: 1. Section 25.F.3 which requires 20% minimum open space (12.5% is provided - a 7.5% variance) ; 2. Section 25.F.5 which requires 80% maximum impervious area (87.5 is proposed - a 7.5% variance; 3. Section 53.H.2.b which requires a 10 foot wide landscape strip between the property line and the paved parking area 30 feet deep on the eastern property line (for the purpose of providing a drive between MzDonalds and Grandys - a variance for the entire 10 feet); 4. Section 25.G.3 which requires a 25 foot landscaped front setback except for access drives and walks (100% variance is needed); 5. Section 60.B.2.C.4 which requires pole sign cabinets to be 12' x 12', a maximum 108 square foot sign (the 20 X 20 sign is 200 square feet an eight inch height and width, and a 92 square foot variance and the depth to be allowed requires a 1 1/2 inch variance; 6. Section 60.B.2.c.11 which allows a 20 foot maximum height (the variance will be for 20 additional feet); and 7. Section 58.1 which requires 25 foot driving lane widths for stalls between 35 and 90 degrees (the widths will be 21 feet). Ron Cook stated that originally when Grandys started developing, the eighty feet (80') between McDonalds and Grandys was purchased as green space. He also stated that he felt if McDonalds was wanting to comply with the ordinances, then he feels they should meet the landscape requirements on the eighty foot (80') lot instead of wanting to reduce it. After further discussion, Gerald Thompson made a motion to close the Public Hearing. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Tim Hobbs made a motion that a special condition does exist. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Tim Hobbs then made a motion that the special conditions existing for Section 25.F.3, Section 25.F.2, Section 25.G.3, 60.B.2.c.4, and 60.B.2.c.11 are because they are existing and due to the nature and shape • the land, and the special condition for Section 51-1 and Section 53.H.2.b is due to the use • the land and the shape • the lot. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None BOARD OF ZONING ADJUSTIviENT MAY 2, 1•88 PACE 7 Tim Hobbs made a motion to grant variances to Grapevine Zoning Ordinance 82-73, Section 25.F.3, a seven and one-half percent (7.50) variance; Section 25.F.5, a seven and one-half percent (7.5%) variance; section 53.H.2.b, a ten foot (10') variance; Section 25.G.3, a one hundred percent (100%) variance; Section 60.B.2.c.4, a variance for 92 square feet and a depth variance of one and one-half inches (1.5"); Section 60.B.2.c.11, a variance of twenty feet (20'); and Section 58-1, a variance of four feet (4'). Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None wr� The item under old business was for the Chairman and Secretary of the Board of Zoning Adjustment to sign the following minutes approved at previous meetings: A. Minutes of the May 4, 1987 meting, approved by the Board of Zoning Adjustment on June 1, 1987. B. Minutes of the June 1, 1987 meting, approved by the Board of Zoning Adjustment on August 3, 1987. C. Minutes of the July 6, 1987 meting, approved by the Board of Zoning Adjustment on August 3, 1987. D. Minutes of the September 14, 1987, meting, approved by the Board of Zoning Adjustment on October 5, 1987. MIMJTES OF THE APRIL 4, 1988 MEETING The Board of Zoning Adjustment to consider the minutes of the April 4, 1988 meeting. Charles Giffin made a motion to accept the minutes of the April 4, 1988 meeting. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None Charles Giffin made a motion to adjourn the meting. Robert Hinson seconded the motion which prevailed by the following vote: Ayes: Bigbie, Hinson, Giffin, Thompson, Hobbs Nays: None Absent: None The meting was adjourned at 9:20 P.M. VIASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF VkAPEVINE, TEXAS, ON THIS THE 6TH DAY OF JUNE —, 1988. �,4W