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HomeMy WebLinkAbout2008-09-08STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City of Grapevine, Texas, met on Monday evening, September 8, 2008, at 6:00 P.M. in the Planning and Zoning Conference Room, 2A Floor, 200 South Main Street, Grapevine, Texas, for a Briefing Session with the following members present to wit: Joe Lipscomb Chairman Dennis Roberts Vice -Chairman Russell Kidd Member Clint Hallman Member Jerrold Sklar Member Hal Hardister Member Stan Wasielewski Member Paul Biesiadny Alternate constituting a quorum. Also present were City Council Representative Roy Stewart, City Attorney Matthew Boyle and the following City Staff: Scott Williams Development Services Director / Building Official Connie Cook Development Services Assistant CALL TO ORDER Chairman Joe Lipscomb called the Briefing Session of the Building Board of Appeals to order at approximately 6:00 P.M. NEW BUSINESS Scott Williams briefed the Building Board of Appeals regarding the items scheduled to be heard in the regular public hearing. RECESS BRIEFING SESSION With no further discussion, the Briefing Session recessed to the Council Chambers to conduct Public Hearing, at approximately 6:13 P.M. Building Board of Appeals 9/8/08 STAFF REPORTS Scott Williams informed the Board on upcoming construction projects throughout the city. MINUTES Next for the Board to consider was the minutes of the July 14, 2008 Briefing Session and Public Hearing. Clint Hallman made a motion to accept the minutes of the July 14, 2008 Briefing Session and Public Hearing. Stan Wasielewski seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Roberts, Kidd, Hallman, Sklar, Hardister, Wasielewski Nays: None Absent: None ADJOURNMENT With no further discussion, Stan Wasielewski made a motion to adjourn. Dennis Roberts seconded the motion, which prevailed by the following vote: Ayes: Lipscomb, Roberts, Kidd, Hallman, Sklar, Hardister, Wasielewski Nays: None Absent: None The meeting was adjourned at approximately 6:40 p.m. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 13TH DAY OF JULY 2009. SECRETARY APPROVED: CHAIRMAN 9 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City of Grapevine, Texas, met in regular session, Monday evening, September 8, 2008, at 6:15 p.m., in the City Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas with the following members present: Joe Lipscomb Chairman Dennis Roberts Vice -Chairman Russell Kidd Member Clint Hallman Member Jerrold Sklar Member Hal Hardister Member Stan Wasielewski Member Paul Biesiadny Alternate constituting a quorum. Also present were City Council Representative Roy Stewart, City Attorney Matthew Boyle and the following City Staff: Scott Williams Development Services Director / Building Official Connie Cook Development Services Assistant CALL TO ORDER Chairman, Joe Lipscomb called the Public Hearing to order at approximately 6:15 p.m. OATH OF OFFICE Connie Cook administered the Oath of Office to reappointed Chairman, Joe Lipscomb, reappointed Member, Clint Hallman, and reappointed Member, Russell Kidd. ELECTION OF OFFICERS For office of Chairman, Russell Kidd re -nominated Joe Lipscomb. Clint Hallman seconded the motion which prevailed by the following vote: Ayes: Roberts, Kidd, Hallman, Sklar, Hardister, Wasielewski Nays: None Abstain: Lipscomb Absent: None Jerrold Sklar made a motion to close nominations, Stan Wasielewski seconded the motion which prevailed by the following vote: Building Board of Appeals 9/8/08 Ayes: Roberts, Kidd, Hallman, Sklar, Hardister, Wasielewski Nays: None Abstain: Lipscomb Absent: None Joe Lipscomb was re-elected as Chairman. For office of Vice -Chairman, Jerrold Sklar re -nominated Dennis Roberts. Hal Hardister seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Kidd, Hallman, Sklar, Hardister, Wasielewski Nays: None Abstain: Roberts Absent: None Jerrold Sklar made a motion to close nominations, Clint Hallman seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Kidd, Hallman, Sklar, Hardister, Wasielewski Nays: None Abstain: Roberts Absent: None Dennis Roberts was re-elected Vice -Chairman. NEW BUSINESS BUILDING BOARD OF APPEALS TO CONSIDER BUILDING BOARD OF APPEALS CASE BBA08-02. MARK AND KIM WEWERS. The Building Board of Appeals. considered BBA08-02 submitted by Mark and Kim Wewers for property located at 2705 Wooded Trail Court, legally described as Lot 1, Block 13, Western Oaks. The request was to Grapevine Code of Ordinances, Chapter 7, Article IV, Fences: Section 7-125, Fences, Rear Yard Requirements, limits the height of a fence in a rear yard to eight -feet (8) in height. Section 7-126, Fences, Side Yard Requirements, limits the height of a fence in a side yard to eight -feet (8') in height. Scott Williams explained that Staff recommended the Building Board of Appeals deny the applicant's request for approval of a wood panel fence along the rear and side property lines that varied in height, with portions of the fence exceeding eight -foot (8') maximum height, ranging from eight -feet (8'-0") to eight -feet five -inches (8'-5") in certain locations. FA Building Board of Appeals 9/8/08 Mr. Williams explained that Staff found no special condition for the request. Specifically, the hardship is self-imposed, as the owners could have chosen to install a six-foot (6') tall fence and obtain the same step down effect. Mr. Williams stated that the maximum height of a fence allowed by ordinance was eight - feet (8'-0"). While 4"-5" may seem insignificant, the Building Department routinely denied such requests, and had in fact received complaints in the past for fences exceeding eight -feet (8'-0") in height. The results of those complaints were the property owners having to lower the fence. With no further questions for Mr. Williams, applicant, Mark Wewers addressed the Board; he explained that the entire fence was not in violation of the ordinance; that only portions of the fence, at the step down sections exceeded the height restrictions. When the house was purchased in 1999 there was an existing eight -foot fence with a stair step design. When time came to replace the fence they chose to install the same stair step effect, it was an attractive looking design and kept with the character and contour of the property and surrounding area. He further explained that many of his neighbors had swimming pools and a six-foot (6') fence would not have provided the privacy that he and his neighbors desired. He also stated that the abutting neighbors helped with the cost of the fence and were very pleased with it. He further stated that the eight -foot (8') fence was aesthetically pleasing and increased the value of the property. He asked the Board for favorable consideration. Dennis Roberts asked Mr. Wewers if the old fence had been six -feet (6') or eight -feet (8'). Mr. Wewers stated that with the lattice work the old fence was eight -feet (8'). Chairman Lipscomb stated that (4) letters of approval had been received. With no further questions for Mr. Williams, and no additional speakers, Stan Wasielewski made a motion to close the public hearing. Hal Hardister seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Roberts, Kidd, Hallman, Sklar, Hardister, Wasielewski Nays: None Absent: None Hal Hardister made a motion that a special condition did not exist with regard to Section Section 7-125, Fences, Rear Yard Requirements, and Section 7-126, Fences, Side Yard Requirements, Dennis Roberts seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Roberts, Kidd, Hallman, Sklar, Hardister Nays: Wasielewski Absent: None 3 RECONVENE BRIEFING SESSION Briefing session reconvened at approximately 7:00 P.M. City Attorney; Matthew Boyle conducted a briefing on the legal aspects of the Building Board of Appeals. Mr. Boyle explained the purpose, importance and composition of the Board. ADJOURNMENT With no further discussion, the meeting was adjourned at approximately 7:25 P.M. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 13TH DAY OF JULY 2009. Ind (i SECRETARY APPROVED: CHAIRMAN 2 Building Board of Appeals 9/8/08