HomeMy WebLinkAbout1989-09-05AGENDA
OF .,.
REGULAR BOARD OF •' ADJUSTMENT Ill
TUESDAY, • lI 1. 989 AT • {{ P.M.
307 WEST DALIAS ROAD, ROOM {
GRAPEVINE, TEXAS
♦ . ♦ ' J{4v1
C
A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING
RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA89-31,
SUBMITTED BY MR. JERRY L. STARR AND CONSIDERATION OF TEE SAME.
B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING
RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA89-32,
SUBMITTED BY MR. DONALD A. FLORENCE, SR. AND CONSIDERATION OF
THE + j .
BOARD OF • ADJUSTMENT ill ♦ CONDUCT • PUBLIC HEARING
SAME. RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA89-33,
SUBMITTED I • l •I i ! • ! -+ s • I
F'.*ARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE JULY 10-,-
. ;.
ACCORDANCE IN ARTICLE AS t ! ! BY CHAPTER
ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE REGULAR BOARD OF ZONING
ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON { DAY OF
SEPTEMBER, . i • AT 5:00 P.M.
lop 10-
L"YWAILIJORCIVA
The Board of Zoning Adjustment for the City of Grapevine, Texas, met in
regular session Tuesday, September 5, 1989, at 6:00 P.M. at 307 West Dallas
Road, Room #204, Grapevine, Texas, with the following members present to
wit:
Charles Giffin
Becky Swann
Don Frieden
Patti Bass
Chairman
Vice-Chairman
Secretary
2nd Alternate
constituting a quorum with Members Gerald Thompson and Don Bigbie, and lst
Alternate Raymond Truitt absent. Also present were the following City
Staff to wit:
Joy Carroll Administrative Aide
Adrienne Leonard Attorney, City Attorney's Office
Marcy Ratcliff Planner
Greg Wheeler Assistant Building Official
Gerrie Taylor Administrative Secretary
Chairman, Charles Giffin, called the meeting to order at 6:05 P.M.
NEW BUSINESS
The first item of new business was for the Board of Zoning Adjustment to
consider BZA 89-31, submitted by Mr. Jerry L. Starr, who is requesting
variances from Grapevine Zoning Ordinance 82-73, Section 15.G.1 which
requires a minimum 30 foot front yard building setback for the "R-7.5",
Single Family Residential Zoning District, and to Section 15.G.5 which
requires a minimum 100 foot lot depth. The lot is only 80 feet deep. The
existing house, located at 505 Dunn Street, Lot 11-A-R, Shorecrest Acres,
encroaches by 11.8 feet and the proposed carport will encroach 17.7 feet,
if the variance is approved.
Mr. Jerry Starr, applicant, took the Oath of Truth. Mr. Starr explained if
he builds a carport even with the existing house, it would not cover his
cars. He noted the carport would be 24 feet from the road.
With no one else to speak either for or against the request, Becky Swann
made a motion to close the public hearing. Don Frieden seconded the motion
which prevailed by the following vote:
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
Becky Swann asked why Mr. Starr could not move his fence back, then the
carport could be built without a variance.
Mr. Starr explained the fence was already built, to move the fence would
not be economically feasible, and that they intend to build a garage in the
future and the carport will only be temporary.
After further discussion, Becky Swann made a motion that a special
condition did exist. Patti Bass seconded the motion which prevailed by the
following vote:
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
Becky Swann then made a motion to grant approval to Grapevine Zoning
Ordinance 82-73, Section 15.G.1 requiring a 30 foot setback, allowing a
variance of 11.8 feet; to deny the proposed variance for the 17.7 foot
encroachment for the carport; and approval to Section 15.G.5 for a 20 foot
variance to the 100 foot lot depth. Don Frieden seconded the motion which
prevailed by the following vote:
BOARD OF ZONING ADJUSTMENT
SEPTEMBER 5, 1989
PAGE 2
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
Mr. Donald Florence, applicant, took the Oath of Truth, and explained in
order to replat his two lots, he would need the variances requested. Mr.
Florence noted when the lots are replatted, there will be a 25 foot rear
yard and only the garage on the side yard will encroach.
111111 1111151 111111911111 1 kw%'l IMT 0 k r—.T,17=-
2751 Warwick Way
Grapevine, Texas 76051
August 31, 1989
Planning and Zoning Department
The City
• Grapevine
P. 0. Box 729
Grapevine, Texas 76051
Re: Application Number
BZA 89-32
Gentlemen/Ladies:
I agree with Mr. Florence to enlarge the lot where his hcme sits. It would
serve no useful purpose to anyone or the City to reject his request. This
house has been in existence many years prior to Mr. Florence's ownership,
and as a resident of the neighborhood, I am quite comfortable with the home
as it is presently located.
Yours truly,
Jack W. Boley
2732 Newcastle Dr.
Grapevine, TX 76051
August 31, 1989
Ms. Joy Carroll
Planning and Zoning
Department of Commmity Development
P. 0. Box 729
Grapevine, TX 76051
Re: Application #BZA89-32
Donald A. Florence
Since I will be unable to attend the public hearing on the subject
application, I would like to state that I have no objection to Mr.
Florence's proposal.
With no one else to speak either for or against the request, Don Frieden
made a motion to close the public hearing. Patti Bass seconded the motion
which prevailed by the following vote:
BOARD OF ZONING ADJTJSU�J!
SEPTEMBER 5, 1989
PAGE 3
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
Becky 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, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
Becky Swann then made a motion that the special condition being the
original plat did not provide an adequate number of feet for reverse
frontage and that the house is already existing. Patti Bass seconded the
motion which prevailed by the following vote:
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
A motion was made by Becky Swann to grant the variance to Grapevine Zoning
Ordinance 82-73, Section 42.D for a variance of 10.2 feet to allow the
existing 24.8 foot setback. Don Frieden seconded the motion which
prevailed by the following vote:
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
The last item of new business for the Board of Zoning Adjustment to
consider was BZA 89-33, submitted by Mr. john M. Stevenson, who is
requesting a special exception to utilize his present business facility
located at 916 and 920 South Main Street which does not conform to the
existing Professional Office (PO) district requirements imposed by the 1984
City rezoning.
Joy Carroll explained to the Board that according to Ordinance 80-57, the
site plan zone was approved for all "C-2" uses as long as the site plan is
adhered too which shows the house with an improved parking lot. if Mr.
Stevenson improves the parking, the "C-2" uses listed would be allowed.
Ms. Carroll explained the special condition allows the BZA to approve a
change from one non-conforming use to another and the Board has the
ability, according to Section 43.E.2., to consider the following uses to
allow to exist on the property. Ms. Carroll also stressed that the BZA
cannot approve the list of uses if there is any expansion or if there is
any more parking required for a certain use.
Mr. Stevenson, applicant and property owner, took the Oath of Truth and
explained to the Board how in 1984, his property was rezoned to "Po",
Professional Office, whose uses are not appropriate for the existing
building at the present time. Mr. Stevenson noted he had not been able to
rent the property in 20 months because of trying to conform to the "PO"
zoning regulations.
After further discussion, Becky Swann made a motion to close the public
hearing. Don Frieden seconded the motion which prevailed by the following
vote:
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
There was questions concerning the abandoned street in front of Mr.
Stevenson's property.
Mr. Stevenson explained when the City abandoned the old Main Street in
front of his property, he received 20 feet or half of the street and the
other half went to the State Highway Department. Mr. Stevenson also noted
that Public Works would let him have an entrance from Main Street in
BCA PD • ZONING ADJUSTMENT
SEPTEMBER 5, 1989
PAGE 4
exchange of running some water or drainage lines at Dallas Road and the
abandoned street.
Greg Wheeler stressed that improvements can be made as long as the
structure does not change as far as size.
After further discussion, Becky Swann made a motion that a special
condition does exist. Don Frieden seconded the motion which prevailed by
the following vote:
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
Becky Swann made a motion that the special condition is the property is
unique and is not helping the City by sitting vacant, the building has been
existing, and it is a non-conforming use. Don Frieden seconded the motion
which prevailed • the following vote:
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
r-ecky Swann then made a motion to approve the special exception to
Grapevine Zoning ordinance 82-73, "PO", Professional Office regulations to
•trmit non-conforming "C-1" uses as listed below, that is being requested
• the applicant. Don Frieden seconded the motion.
Permitted "C-1" Uses
banks, offices, studios, postal stations
pick-up stations for pressing, cleaning and laundry
retail stores, such as grocery, drug, appliance, variety, bakery sales,
show repair, flowers, apparel, barber shop, toy shop, beauty parlor and
other shops for custom work or the making of articles to be sold at retail
on the premise within the building
antique shop, art gallery, books or stationery store
candy, cigars and tobacco, retail sales only
hardware, sporting goods, paints and wallpaper
professional offices for architects, attorneys, engineers, planners and
real estate dealers
washateria equipped with fully automatic washing and drying machines
Before a vote was taken Charles Giffin asked if this exception is good
until the building is enlarged or demolished.
Adrienne Leonard explained that if Mr. Stevenson enlarges the building or
if another business, that is not on the list, or a restaurant requiring
more parking occupies the building, then he would have to come back before
the Board. But as long as it does not require additional parking, the
"C-1" uses as listed may be utilized.
Chairman, Charles Giffin then asked for a vote from the Board.
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
A motion was made by Becky Swann to accept the minutes of the July 10, 1989
meting, as written. Don Frieden seconded the motion which prevailed by
the following vote:
BOARD OF ZONING ADJUSTMENT
SEPTEMBER 5, 1989
PAGE 5
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
101val-20
Joy Carroll told the Board they should be receiving a packet in the mail
concerning a Planning and Zoning workshop that will be held the following
Tuesday, September 12, 1989. The workshop will address future zoning
ordinance amendments.
Charles Giffin asked if Staff enforces that plants be replaced if they die.
Marcy Ratcliff explained that plants or trees do have to be replaced if
they are dead, but time is given to ensure the plants or trees are truly
dead.
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With no further discussion, Patti Bass made a motion to adjourn the
meeting. Becky Swann seconded the motion which prevailed by the following
vote:
Ayes: Giffin, Swann, Frieden, Bass
Nays: None
Absent: Thompson, Bigbie, Truitt
The meeting was adjourned at 7:10 P.M.
PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMU OF THE CITY OF
0-RAPEVINE, TEXAS, ON THIS THE 6TH DAY OF NOVEMBER -, 1989.
ATTEST:
St=ARY��)
APPROVED: