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HomeMy WebLinkAbout1989-07-10AGENDA r CITY OF GRAPEVINE REGULAR BOARD OF ZONING ADJUSTMENT MEETING WEST DALLAS ROAD, POLICE BUILDING, .,•• 0 G.APFVINE, TEXAS •+ • • $ 641 • • M '' • . • Mill V. NEW BUSINESS ME A OW E. BOARD OF ZONING ADJUSTYlENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMaiT CASE BZA89-23 SUBMITTED BY BRI= SIGN COMPANY AND CONSIDERATION OF +1 • :• + -i • • :' ,! ail . ; .;. G. :s+•r OF O r ADJUSTMENT • CONDUCT .. RELATIVE t BOARD OF •' ADJUSTMENT C+ : + • v SUBMITTED BY MR. ROBERT MC FARLAND AND CONSIDERATION OF SAME.. Vi. MISCELLANEOUS REPORTS AND /OR DISCUSSIONS BOARD OF •' ADJUSTMENT TO CONSIDER THE 1 OF lil OF •8• IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY allk= 227, ACTS OF r LEGISLATURE, r .. SESSION, THE REGULAR BOARD OF ! ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 30TH DAY OF •:• AT it It ! i• 1 • min NZ.-I - 2010 The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session Monday July 10, 1989, at 6:00 P.M., at 307 West Dallas Road, Room #205, Grapevine, Texas, with the following members present to wit: Gerald Thompson Becky Swann Don Bigbie Charles Giffin Don Frieden Raymond Truitt Chairman Secretary Member Member Member 1st Alternate constituting a quorum. New Member, Patti Bass, 2nd Alternate, was present to observe the meeting, but did not participate. Also present were the following City Staff to wit: H. T. (Tommy) Hardy Director of Community Development Joy Carroll Administrative Aide Greg Wheeler Assistant Building official Adrienne Leonard Attorney, City Attorney's Office Gerrie Taylor Administrative Secretary KNOMM Chairman, Gerald Thompson called the meting to order at 6:05 P.M. OATH OF OFFICE The Oath of Office was administered to Member Don Frieden. First Alternate, Raymond Truitt and Second Alternate, Patti Bass were given the Oath of Office at the end of the meting. 12IMMMM Chairman Thompson postponed the Election of Officers until the end of the meting. Chairman Thompson administered the Oath of Truth to those of the audience who wished to speak during the meeting. The first item for the Board of Zoning Adjustment to consider was BZA 89-19, submitted by Mr. James S. Davis, who is requesting a variance from Grapevine Zoning Ordinance 82-73, Section 15.G.1 which requires a 30 foot front yard setback. A 2.2 foot variance is needed to allow the existing 27.8 foot front setback for the property located at 2918 Creekwood Drive, legally described as Lot 39, Block 1, Creekwood Estates. Ms. Wilda Morey, with Ebby Halliday Realtors, was present to represent the case. She explained there had been two surveys made; the first survey was made when the house was built which shows no encroachment and the second survey made shows an encroachment over the building line. With no one else to speak either for or against the case, Becky Swann made a motion to close the Public Hearing. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None Charles Giffin made a motion that a special condition exists. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None BOARD • ZONING ADJUST= JULY 10, 1989 PAGE 2 Charles Giffin made a motion that based on the special condition of the structure existing and having been existing for the past ten years, a variance be granted to Grapevine Zoning Ordinance 82-73, Section 15.G.1 for foot variance allowing for a 27.8 foot front yard setback. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None Tamy Hardy felt Mr. Herndon's house was built before the apartments, that back up to their rear property, were built. With no one else to speak either for • against the request, Becky Swann made a motion to close the Public Hearing. Charles Giffin seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None Don Frieden noted the roof of the new addition will be lower than th-s existing roof and would not be visible from the street. Gerald Thompson also noted this property may be hard to sell since the apartments back up to this house. tecky Swann made a motion that a special condition exists. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None 00-MIMSOMINW-00WZYM� JULY 10, 198• PAGE 3 Mr. Farley spoke and explained that at closing when buying their house, they were told there was an encroachment. Mr. Farley stated their house is presently for sale and would like to take care of the encroachment at this time so there will not be any problems for the new owners. With no one else to speak for or against the request, Charles Giffin made a motion to close the public hearing. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None Charles Giffin made a motion that a special condition did exist. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None Charles Giffin then made a motion that based on the fact the house, located at 3041 Creekbend Circle, has been built for several years, a variance be granted to Grapevine Zoning Ordinance 82-73, Section 42.D, allowing for a .68 foot variance for the existing 14.32 foot setback for the corner of the house and a .07 foot variance for the existing 14.3 foot setback from the garage. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None The next item for the Board of Zoning Adjustment to consider was BZA 89-22, submitted by Mr. Mike Ware, who is requesting variances to Grapevine Zoning Ordinance 82-73, Section 42.D which requires a 15 foot sideyard setback when a sideyard abuts a street, a two foot variance is needed for the existing 13 foot side setback; Section 15.G.1 which requires a 30 foot front setback, a two foot variance is needed for the existing 28 foot front setback to comply with the present "R-7.5" district regulations; and Section 15.G.2 which requires a 25 foot rear yard setback, a 13.498 foot (13'6") variance is needed to allow the garage to be built 11 feet, 6 inches from the rear lot line. Joy Carroll explained that the existing residence located at 1237 Bellaire Drive, legally described as Lot 8, Block 9, Bellaire Addition, was partially destroyed by fire. In order for the lot to conform and the garage to be rebuilt, the breezeway that is attached to the house which requires the garage be attached; therefore requires a variance. Joy Carroll read into the record, a letter of approval from Mrs. Stephen L. Richard, 1302 Bellaire Drive, Grapevine, Texas. Mike Ware noted the additional variances for the front and side yard setbacks, were not affected by the fire, but Joy Carroll suggested requesting all variances on the property while requesting the one for the garage. With no one else to speak either for or against the request, Charles Giffin made a motion to close the public hearing. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None Don Bigbie made a motion that a special condition did exist. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None BOARD OF ZONING ADJUSTY= JTJLY 10, 1989 PAGE 4 Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None The next item for the Board of Zoning Adjustment to consider was BZA 89-23, submitted by Bright Signs, who is requesting variances for a sign located at 101 State Highway 114, the intersection of Highway 114 and Main Street. The following variances to Grapevine Zoning Ordinance 82-73 are for the erection of the Chevron sign to replace the Gulf signs: - Section 60.B.2.c.4 which allows a 108 square foot maximum sign face. A 45.8 square foot variance is needed to allow the 153.8 square foot sign face. Becky Swann was also concerned about the need for the 50% changeable copy. Barry Franklin explained that only the numerals would be changeable and only 30% of the sign would be changeable copy. -Adrienne Leonard explained that was not the responsibility of the Board of Zoning Adjustment to determine the sign regulations for highway frontage. Ms. Leonard noted that if anyone was dissatisfied with signage regulations on highways, they need to address the City Council requesting the Ordinance be amended. After further discussion, Don Bigbie made a motion to close the public hearing. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None The Board further discussed the height of the sign with Main Street frontage. Joy Carroll explained the cabinet height is 21 feet, but Mr. Franklin did not request the overall height variance for a sign over 20 feet. Adrienne Leonard stated the and could not act on the height requirements because Mr. Franklin had not requested that variance; and it had not been advertised. There was discussion among the Board • postponing the case until Franklin could possibly work out some of the problems with City Staff. BOARD OF ZONING ADJUSTMEW JULY 10, 1989 PAGE 5 Charles Giffin suggested a monument sign for the Main Street side and by eliminating the changeable copy, then Mr. Franklin could possibly meet the square footage maximum. After further discussion, Charles Giffin made a motion to table BZA Case #89-23, Bright Sign Company, until the August 7, 1989, meeting, at 6:00 P.M., for Mr. Franklin to possibly work out some problems with City Staff. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None The next item of new business was for the Board of Zoning Adjustment to consider BZA 89-25, submitted by Mr. John Vilbig, who is requesting a variance from Grapevine Zoning Ordinance 82-73, Section 19.D.4 which requires a 5,000 square foot minimum lot size for "MH", Mobile Home Zoning District Regulations for several lots located in the 5V Mobile Home Park at the northwest corner of West Peach and Scribner Streets. Joy Carroll explained Mr. Vilbig is requesting a 932.80 square foot variance for Lots 7 through 10 which presently contain 4,067.20, and a 500 square foot variance for Lots 11A through 21 which contain 4,500 square feet. Ms. Carroll also explained the request has resulted because of Mr. Vilbig's dedication of West Peach Street to the City of Grapevine which reduced the lot sizes on both the north and southwest Peach frontage. Mr. Vilbig was present to answer any questions. Tommy Hardy added to the record that the City Council was fully aware of the situation. Mr. Hardy explained this was a settlement of problems between the City and Mr. Vilbig. Mr. Hardy also explained Mr. Vilbig could have a problem in the future in reselling the property with lots that do not met the minimum square footage for mobile home zoning. Mr. Vilbig's impression was that this exception had been granted years ago through negotiations with the City Staff. Adrienne Leonard explained about a letter, the Board received in their packets, dated January 6, 1980, from Mr. Vilbig addressed to the City, approved and signed by the City Manager, Jim Hancock, which indicated there would be a non-conforming right to use the lots fronting on Peach Street as a result of the dedication. After further discussion, Charles Giffin made a motion that a special condition did exist. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None Charles Giffin made a motion that the special condition existing is that the dedication of West Peach Street to the City of Grapevine reduced the lot size on both the north and southwest Peach Street frontage creating nonconforming lots, and to grant the variance to Grapevine Zoning Ordinance 82-73, Section 19.D.4 requiring a 5,00 ' 0 square foot minimum which will allow lots 7 through 10 a 932.80 square foot variance and Lots 11A through 21, a 580 square foot variance. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None The last item of new business for the Board of Zoning Adjustment to consider was BZA 89-26, submitted by Mx. Robert McFarland, who is requesting variances from Grapevine Zoning Ordinance 82-73, Section 15.G.4 which requires a 65 foot lot width, a 15 foot variance is needed; and to Section 15.F.2 which requires a 7,500 minimum lot size, requiring a 500 BOARD OF ZONING ADJUST�ENT JULY 10, 1989 PAGE J. square foot variance. The property is located at 617 East Texas Street, legally described as Lot 5, Block 105 of the College Heights Addition. Mrs. Carroll explained Mr. McFarland meets the setback requiremnts with the house planned for the existing lot, but does not met the minimum lot square footage and width requirements. John Reeves, of 200 Magnolia Drive, Coppell, Texas, representing the applicant, explained he and Mr. McFarland had made some inquiries on the building restrictions and they met the required setbacks; but were not aware of the 7500 square foot lot minimum. Joy Carroll read into the record, a letter from Claude D. Smith of 235 Austin Street, Grapevine, Texas which reads as follows: • Joy Carroll Planning & Zoning Commission Dept. of Cbrm=ity Development City of Grapevine P. O. Box 729 Grapevine, TX 76051 i-!,,Ie: Application #BZA89-a Robert McFarland I would like to formally ask that the variance on 617 East Texas Street or Lot 5, Block 105 of the College Heights Subdivision, Grapevine, Texas be When I had to rebuild my house several years ago, because of an explosion that destroyed our home, the city was very careful to be sure our setbacks, etc. were per code, and as a result we had to move our house location on our lots so as to conform to requirements. The codes are there to protect us all, so we conformed. The lot in question is between my property consisting of four lots and another property owner who has three lots. There was a house on Lot 5 and apparently the city condemned it, and the previous owner tore the house down. Since there was a house on this property and it was torn down, I believe this property should come under the new code. The reason for new codes is to enable us to upgrade our community. Please do not allow a house to be built on this small lot. Mr. McFarland should have been aware of the code before he purchased the property. Sincerely, Claude D. Smith 235 Austin Grapevine, TX 76051 Mr. Cyril W. Cross asked what kind of effect on the taxation this housQ would have on the other homes in the neighborhood. BOARD OF ZONING ADJUMENT JULY 10, 1989 PAGE 7 Joy Carroll responded that the notification letter did not provide the details the memorandum did, and further advised that no matter what structure is built on the lot, a variance for square footage and width is necessary. Tommy Hardy noted the applicant has made an effort in meeting all the requirements. After further discussion, Don Bigbie made a motion that a special condition did exist. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Frieden Nays: None Absent: None Abstain: Giffin Don Bigbie moved that the special condition is the existing lot was platted prior to the present ordinance requirements, is 500 square feet shy, and to grant a variance to Grapevine Zoning Ordinance 82-73, Section 15.G.4 which requires a 65 foot lot width, a variance of 15 feet and to grant a variance to Section 15.F.2 for the sum of 500 square feet on the actual lot size. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Frieden Nays: None Absent: None Abstain: Giffin Gerrie Taylor administered the Oath of Office to lst Alternate, Raymond Truitt, and to 2nd Alternate, Patti Bass. Becky Swann thought all mobile home parks were grandfathered in the City. Joy Carroll noted there is mobile home zoning for the existing mobile home lots. Adrienne Leonard explained that as long as Mr. Vilbig used the mobile home park for mobile homes and not change the use then the mobile home park is permissible. Mrs. Leonard also explained to the Board that Mr. Vilbig's letter that Mr. Hancock signed, stated he would have non-conforming lots, but now that the Board granted the variances, the lots conform to the zoning ordinance. MINUTES After reviewing the minutes of the June 5, 1989, meting, Charles Giffin made a notion to approve the minutes as written. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin, Frieden Nays: None Absent: None 101majew"go) • qlvaw-g Chairman Thompson declared open, the nomination of Chairman. Don Frieden made a motion to nominate Charles Giffin as Chairman. Don Bigbie seconded the notion. Don Bigbie made a motion to cease nominations for Chairman. Becky Swann seconded the notion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Frieden Nays: None Absent: None Abstain: Giffin BOARD OF ZONING ADJUSTMENT JULY 10, 1989 PAGE • For Vice-Chairman, Don Bigbie made a motion to nominate Becky Swan'l *harles Giffin seconded the motion. With no other nominations, Don Bigbie made a motion to cease nomination. Charles Giffin seconded the motion which prevailed • the following vote: Ayes: Thompson, Bigbie, Giffin, Frieden Nays: None Absent: None Abstain: Swann For the place of Secretary, Don Bigbie made a motion to nominate Don Frieden. Becky Swann seconded the motion. With no other nominations, Becky Swann made a motion to cease nominations. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Thompson, Swann, Bigbie, Giffin Nays: None Absent: None Abstain: Frieden With • further business, the meting was adjourned at 8:00 P.M. F*ASSED AND APPROVED By THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAP=E, TFXAS, ON THIS THE 5TH DAY OF SEPTEMBER -, 1989. TAUW SECRETARY V