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Home My WebLink About1989-03-06TV. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC FlEARING RELATIVE • BOARD OF ZONING ADJUSTTENT CASE BZA89-03 SUBMITTED BY MR. JIMMIE F•RTNER AND CONSIDERATION • SWE alvmmflvl M- BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE DECEMBER 5, 1988, AND THE JANUARY 5, 1989 MEETINGS. A. KOUNTRY DONUTS FACADE APPROVAL BY THE MAIN STREET COMMITTEE THIS EMERGENCY AGENDA VMS PREPARED BECAUSE Dv7,lEDT-ATE ACTION IS NECESSARY TO INSURE THE HEATLH, SAFETY, AND GENERAL WELFARE OF THE CITIZENS OF TBE CITY OF GRAPEVINE, TEXAS. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CliAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION,. THE BOARD OF ZONING ADJUSTVM7T RBGtU-AR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 6TH DAY OF MARCH, 1989, AT 10:00 AM. irg MISSOURI STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session March 6, 1989, at 6:00 P.M., at 307 West Dallas Road, Room #205, Grapevine, Texas, with the following members present to wit: Tim Hobbs Becky Swann Charles Giffin Raymond Truitt Don Frieden Vice-Chairman Secretary Member 1st Alternate 2nd Alternate constituting a quorum with Chairman, Gerald Thompson, and Member Don Bigbie absent. City Council Representative, Gil Traverse, was also present and the following City Staff: H. T. (Tommy) Hardy Greg Wheeler Marcy Ratcliff Adrienne Leonard Gerrie Taylor CALL TO ORDER Director of Community Development Assistant Building Official Planner Attorney, City Attorney's office Administrative Secretary Vice-Chairman, Tim Hobbs, called the meeting to order at 6:05 P.M. OATH OF TRUTH The Vice-Chairman administered the Oath of Truth to those of the audience who wished to speak. NEW BUSINESS BZA 89-03, MR. JIMMIE FORTNER The first item of new business was for the Board of Zoning Adjustment to consider BZA 89-03, submitted by Mr. Jimmie Fortner who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 14.8.6, "R-12.5", Single Family District, which requires a detached garage to be set back 20 feet from the street right-of-way. The home located at 2525 High Drive, which has a detached garage is located five (5) feet, seven (7) inches from the right-of-way along Oak Wood Drive. Tommy Hardy explained that when the permit was issued on July 1, 1985, no side street was indicated on the plot plan. The encroachment was found when the property was being surveyed for reselling of the property. With no one to speak either for or against the variance, Becky Swann made a motion to close the Public Hearing. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Hobbs, Swann, Giffin, Frieden Nays: None Absent: Thompson, Bigbie Becky Swann then made a motion that a special condition exists. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Hobbs, Swann, Giffin, Frieden Nays: None Absent: Thompson, Bigbie, Truitt Becky Swann stated the special condition is the fact the garage is already in existence and the encroachment is no fault of the owner, and to grant the variance to Grapevine Zoning Ordinance 82-73, Section 14.B.6, allowing a 14 foot-5 inch variance. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Hobbs, Swann, Giffin, Frieden Nays: None Absent: Thompson, Bigbie, Truitt BOARD OF ZONING ADJUSTMENT MARCH 6, 1989 PAGE 2 BZA 89-04, MS. NORITA SWEANEY The next item of new business was for the Board of Zoning Adjustment to consider BZA 89-04, submitted by Ms. Narita Sweaney who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 43.E.2, Nonconforming Uses and Structures, which allows the Board to grant a change of use from one nonconforming use to another nonconforming use provided such change is to a use permitted in a zoning district where the original nonconforming use would be permitted. Tommy Hardy explained that Ms. Sweaney was asking for a Certificate of Occupancy to occupy a portion of the white building that fronts W. D. Tate Ave., which the Board has the ability to issue a Certificate of Occupancy. Ms. Norita Sweaney, of 655 Park Blvd. #412, Grapevine, stated she was requesting approval to change the use of the building from a furniture warehouse to an antique mall, which antique malls are allowed in the "CC", Community Commercial district. Ms. Sweaney explained bringing the building up to standards according to the ordinances would be a hardship. There was some concern weather there would be enough parking spaces. Ms. Sweaney stated there would be approximately 31 spaces and explained there will never be many cars at one time. With no one to speak either for or against the request, Charles Giffin made a motion to close the Public Hearing. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Hobbs, Swann, Giffin, Frieden Nays: None Absent: Thompson, Bigbie, Truitt Member Raymond Truitt arrived at this point of the meeting. Charles Giffin made a motion that a special condition did exist. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Hobbs, Swann, Giffin, Truitt, Frieden Nays: None Absent: Thompson, Bigbie Charles Giffin made a motion to grant the variance to Grapevine Zoning Ordinance 82-73, Section 43.E.2, allowing a nonconforming use based on the fact the existing building was built according to previous ordinance design criteria that is no longer valid. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Hobbs, Swann, Giffin, Truitt, Frieden Nays: None Absent: Thompson, Bigbie MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE DECEMBER 5, 1988, AND JANUARY 5, 1989, MEETINGS The minutes of the December 5, 1988, meeting had already been approved at a previous meeting. Charles Giffin made a motion to approve the minutes of the January 5, 1989, meeting. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Hobbs, Swann, Giffin, Truitt, Frieden Nays: None Absent: Thompson, Bigbie Tommy Hardy noted to the Board the Kountry Donuts facade had been approved by the Main Street Committee and the building was moving along. BOARD OF ZONING ADJUSTMENT MARCH 6, 1989 PAGE 3 AT).7nTT'DMMVT,7rr Becky Swann made a motion to adjourn. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Hobbs, Swann, Giffin, Truitt, Frieden Nays: None Absent: Thompson, Bigbie The meeting was adjourned at 6:25 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 1st DAY OF MAY , 1989. CHAIRMAN ATTEST: SECRETARY