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HomeMy WebLinkAbout1989-08-07AGENDA CITY OF GRAPEVIM BOARD OF ZONING ADJUSTMENT REGULAR PUBLIC HEARING MONDAY, AUGUST 7, 1989 AT 6:00 P.M. COURT ROOM /COUNCIL CHAMBERS, #205 307 TEST DALLAS ROAD GRAPEVINE,, TEXAS 76051 Lqlmmmm♦* . r . II. OATH OF TRUTH III. OLD BUSINESS A. B•a•r OF •, ADJUSTMENT TO CONDUCT a HEARING REIATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA89-24, SUBMITIM BY ACCENT GRAPHICS (COLTERS RESTAURANT) AND CONSIDERATION OF 1 SAME. B. BOARD • • ADJUSTMENT T• CONDUCT ` PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA89-28, SUBMITTED BY 1• . MARK LA CROIX AND CONSIDERATION OF 1 SAME. :•`•r OF • ADJUSTMENT • r UCT A PUBLIC HEAR RELATIVE TO BOARD • ZONING 1 r E N CASE J • • r BY BRIGHT ti N COMPANY AND CONSIDERATION OF 1 SAME. RELATIVE D. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING TO :•`•r OF • ADJUSTMENT A89 i SUBMITTED BY M-TKF JUREM AND CONSIDERATION OF 1 a 1 E. BOARD OF i ADJUSTMENT • CONSIDER RESCHEDULING THE i SEPTEMBER 4, 1989, (LABOR DAY HOLIDAY) PUBLIC HEARING DATE To AUGUST 28, 1989, OR ANOTHER DATE CERTAIN. 1 �r • tl IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTFR 227, ACTS OF THE 61ST LRGISLATURE, REGULAR SESSION, THE BOARD OF ZONING ADJUSTMENT • `• I AGENDA WAS PREPARED AND POSTED ON 1 4TH DAY OF AUGUST, •8• ME r •y •• • • r o• l UNA'% The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session Monday, August 7, 1989, at 6:00 P.M., at 307 West Dallas Road, Room #205, Grapevine, Texas, with the following members present to wit: Charles Giffin Becky Swann Don Frieden Gerald Thompson Don Bigbie Raymond Truitt Patti Bass Chairman Vice-Chairman Secretary Member Member 1st Alternate 2nd Alternate constituting a quorum. Also present was City Council Representative, Gil Traverse, and the following City Staff: H. T. (Tony) Hardy Director of Community Development Joy Carroll Administrative Aide Greg Wheeler Assistant Building Official Adrienne Leonard Attorney, City Attorney's Office Marcy Ratcliff Planner Gerrie Taylor Administrative Secretary CALL TO ORDER Chairman, Charles Giffin, called the meeting to order at 6:05 P.M. OED BUSINESS BZA 89-23, BRIGHT SIGN COMPANY The item of old business for the Board of Zoning Adjustment to consider was BZA 89-23, submitted by Bright Sign Company, who is requesting their case be withdrawn. This case was tabled at the July 10, 1989, meting. Joy Carroll explained the Bright Sign Company has reapplied which will be case BZA 89-29. With no further questions, Becky Swann made a motion to close the Public Hearing. Don Bigbie seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None Don Bigbie then made a motion to allow BZA 89-23, submitted by Bright Sign Company be withdrawn. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None INDIM2,103 The first item of new business was for the Board of Zoning Adjustment to consider BZA 89-24, submitted by Accent Graphics, Inc., who is requesting variances to Grapevine Zoning Ordinance 82-73, Section 60.B.2(c) (4) which allows a maximum 12 foot sign cabinet width and 14 inch cabinet depth for Colter's Bar-B-Q Restaurant to be located at the northeast corner of State Highway 114 Access Road and William D. Tate Ave., a portion of Lot 3 of the Hayley Subdivision. Joy Carroll explained that Grapevine Zoning Ordinance 82-73, Section 60, Sign Standards, does not provide for additional cabinet width or depth in conjunction with a planned shopping center as it does provide the Council with the ability to approve an exception to the 20 foot maxim-um height for BOARD OF ZONING ADJUSTNENT AUGUST 7, 198• PAGE 2 Peter McQuire, owner of Colter's Restaurant, took the Oath of Truth and noted that Colters conformed with Gra•evine's masonry requirements instead • the standard wood like most • the restaurants; but he stressed that standardized signage for advertising is essential. After further discussion, Don Bigbie made a motion to close the discussion. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None Mecky Swann made a motion that a special condition did exist. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None The next item of New Business was for the Board of Zoning Adjustment to consider BZA89-28, submitted by Mr. Mark LaCroix who is requesting a variance to Grapevine Zoning Ordinance 82-73, Section 43.E.3 which states: [xvi AUGUST 7, 1989 PAGE 3 "The Board of Zoning Adjustment may approve the remodeling or enlargement of a nonconforming use when such an enlargement would not tend to prolong the life of the nonconforming use. Upon review of the facts, the Board of Adjustment may establish a specific period of time for the return of the occupancy to a conforming use". Joy Carroll explained that Mr. LaCroix submitted an application requesting the special exception to be able to enlarge the existing residence at 2444 Lakeshore Drive, or Lot 6, Section III, Grapevine Lake Estates Subdivision. The house is nonconforming because it encroaches into the 25 foot rear yard setback requirement by 18 feet; and the house does not front a dedicated street right-of-way. Mrs. Carroll also read into the record a letter stating approval, of the request, from Mr. Douglas E. Bauder of 2424 Lakeshore Drive, Grapevine, Texas. Mark D. La Croix, applicant, took the Oath of Truth, and explained to the Board about the encroachment and that the house, built in 1959, does not meet the present day setback requirements. With no one else to speak either for or against the request, Don Bigbie made a motion to close the public hearing. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie 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: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None Don Bigbie then made a motion that the special condition is that the existing residence was not subject to Grapevine Zoning Ordinance 82-73, "R-7.5", Single Family District Regulations when the original house was built; and the proposed addition to the existing residence will met present requirements. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None A motion was made by Don Bigbie to allow the variance as requested to Grapevine Zoning Ordinance 82-73, Section 43.E.3, to allow a variance of 18 feet, allowing a 7 foot rear yard. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None The next item of new business was for the Board of Zoning Adjustment to consider BZA 89-29, submitted by Bright Sign Company who has withdrawn BZA 89-23, which was tabled at the July 10, 1989 meeting, and has resubmitted, asking for the following variances for the service station /convenience store located at corner of Highway 114 frontage and Main Street. - Grapevine Zoning Ordinance 82-73, Section 60.B.2(c)(4) which allows a maximum 14 inch cabinet depth. The variance would allow the cabinet depth to be 20 inches, a 6 inch variance. - Grapevine Zoning Ordinance 82-73, Section 60.B.2.c.11 which allows a maximum pole sign height of 20 feet. To allow the 30 foot high Chevron sign will require a 10 foot variance. Joy Carroll explained that at the July 10, 1989 meting, the Board was concerned that the applicant should reduce the changeable copy (the proposed sign would have no changeable copy). BOARD OF ZONING ADJUSTMENT AUGUST 7, 1989 PAGE 4 With no one else to speak either for or against the request, Gerald Thompson made a motion to close the public hearing. Don Bigbie seconded the motion which prevailed • the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None rweecky Swann made a motion that a special condition did exist. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None Becky Swann made a motion being the special condition is that the Chevron sign is a recognizable logo that is essential to the business and will not fit into the existing round sign face of the Exxon sign. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None Becky Swann then made a motion to grant the variance to Grapevine Zoning ordinance 82-73, Section 60.B.2.c.4 allowing a 6 inch variance to the cabinet depth and to Section 60.B.2.c.11 for a 10 foot variance, allowing the sign height • 30 feet. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None The last item of new business was for the Board of Zoning Adjustment to consider BZA 89-30, submitted ♦ the TRK Group who is requesting a variance • Grapevine Zoning ordinance 82-73, Section 15.F.1 which requires a maximum density of 4 units per acre for the "R-7.5", Singl- •- •e oning District. The variance would allow the density to be 4.1436 for the 2.896 acres, a .1436 d.u. per acre variance. The 2.896 (126,149 square feet) acre tract, located at the end of Harwell Street, known as Pecan Gap, Section II, is landlocked; and the lot sizes meet the "R-7.5" Single Family, 7,500 square foot minimum size requirements. Joy Carroll explained if the Board • Zoning Adjustment does not approve the variance as requested, the second reading of the proposed final plat may not be considered by the City Council and the Planning and Zoning Commission August 15, 1989. Mike Jurecka, of 318 Dove Creek Trail, Southlake, Texas, and applicant of the case, took the Oath of Truth and explained to the Board the reason for the variance is because the tract of land is 2.896 acres instead of the required 3 acre minimum, but the lots do meet the required minimum square footage. Mr. Jurecka also noted he and his partner visited with residents ?UVUSTMENT AUGUST 7, 1989 PAGE 5 in the neighborhoods and some signed a petition requesting approval of the variance. Joe McWilliams, of 2011 Harwell Street, took the Oath of Truth and asked what the minimum lot sizes would be. He stated he was in favor of the development if the street does turn back to the east and meets the subdivision to the east. But he did not want the street to extend to Kimball Road, because a busy thoroughfare could be created. Brian W. Brooks, of 2940 Chris Lane, took the Oath of Truth and stated he was concerned about other developers trying to reduce the minimum requested acreage if this case was approved, and also concerned about the amount of runoff the development might have on his property. David Custable, of 2010 Harwell Street, took the Oath of Truth and stated he had a verbal agreement with the developers that the houses would not be less than 1600 square feet. Mr. Custable was also satisfied that Harwell Street would not go through to Kimball Road. There were some questions concerning deed restrictions. Adrienne Leonard explained that deed restrictions are strictly between the developer and the private property owner, and the City does not get involved with that matter. After further discussion, Gerald Thompson made a motion to close the Public Hearing. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie 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: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None Don Bigbie then made a motion being the special condition is that the land is landlocked, it is being developed at its highest and best use, and it conforms with the existing neighborhood. Becky Swann seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None A motion was made by Don Bigbie to allow a variance as requested from Grapevine Zoning Ordinance 82-73, Section 15.F.1, which allows a density of 4.1436 units per acre. Gerald Thompson seconded the notion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None BOARD OF ZONING ADJUSTMENT TO CONSIDER RESCHEDULING THE SEPTEMBER 4, 1989, PUBLIC HEARING DATE ' Joy Carroll explained that since the next regular meting date, September 4, 1989, falls on the Labor Day holiday, the Board of Zoning Adjustment needs to reschedule the meeting to another date. The Board decided to reschedule the September 4, 1989, meeting to Tuesday, September 5, 1989, at 6:00 P.M. before the City Council meeting. Becky Swann made a motion to reschedule the September meeting to Tuesday, September 5, 1989 at 6:00 P.M. Gerald Thompson seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None BOARD • ZONING ADJUSTMENT AUGUST 7, 1•8• PAGE 6 !3#WW as glrmelm Gil Traverse suggested the Board of Zoning Adjustment meet with the Planning and Zoning Commission to discuss the sign ordinance problems. Charles Giffin remarked there needed to be input from the Planning and Zoning Commission and Staff on whether the intent of the ordinance is the height or size of the sign. ADJOURNMENT After further discussion, Gerald Thompson made a motion to adjourn the meeting. Don Frieden seconded the motion which prevailed by the following vote: Ayes: Giffin, Swann, Frieden, Thompson, Bigbie Nays: None Absent: None PASSED AND APPROVED BY THE BOARD • ZONING ADJUST= OF THE CITY • GRAPEVINE, TEXAS, ON THIS THE 6'!H DAY OF NOVEMBER , 1989.