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Home My WebLink About2021-11-01 Regular Meeting AGENDA CITY OF GRAPEVINE BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY, NOVEMBER 1, 2021, 6:00 P.M. PLANNING AND ZONING CONFERENCE ROOM SECOND FLOOR— CITY HALL 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 76051 1. Call to Order 2. Roll Call BRIEFING SESSION 3. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the November 1, 2021 public hearing. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF DEVELOPMENT SERVICES AT (817) 410-3158 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. In accordance with the Open Meetings Law, Texas Government Code, Chapter 551, 1 hereby certify that the above agenda was posted on the official bulletin boards at Grapevine City Hall, 200 South Main Street and on the City's website on October 29, 2021 by 5:00 p.m. ERICA MAROHNIIC PLANNING SERVICES DIRECTOR AGENDA CITY OF GRAPEVINE PUBLIC HEARING BOARD OF ZONING ADJUSTMENT MEETING MONDAY, NOVEMBER 1, 2021, 6:15 P.M. CITY HALL COUNCIL CHAMBERS SECOND FLOOR— CITY HALL 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 76051 1. Call to Order 2. Roll Call PUBLIC HEARING CITIZEN COMMENTS 3. Any person who is not scheduled on the agenda may address the Board under Citizen Comments or on any other agenda item by completing a Citizen Appearance Request form with the staff. A member of the public may address the Board regarding an item on the agenda either before or during the Board's consideration of the item, upon being recognized by the Chairman or upon the consent of the Board. In accordance with the Texas Open Meetings Act, the Board is restricted in discussing or taking action during Citizen Comments. NEW BUSINESS 4. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA21-10 submitted by Fabien Goury for property located at 326 East Texas Street and consideration of same. 5. Board of Zoning Adjustment to consider the minutes of the September 13, 2021 meeting and take any necessary action. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF DEVELOPMENT SERVICES AT (817) 410- 3158 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. In accordance with the Open Meetings Law, Texas Government Code, Chapter 551, 1 hereby certify that the above agenda was posted on the official bulletin boards at Grapevine City Hall, 200 South Main Street and on the City's website on October 29, 2021 by 5:00 p.m. z 2 ERICA MAROHrjIC PLANNING SERVICES DIRECTOR STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, November 1, 2021, at 6:00 P.M. in the Planning and Zoning Conference Room, 2"d Floor, 200 South Main Street, Grapevine, Texas for a Briefing Session with the following members present to wit: Ben Johnson Chairman Doug Anderson Vice-Chairman George Dalton Secretary John Sheppard Member John Borley Member Jonathan Gaspard Alternate Andrew Muras Alternate constituting a quorum. Also present was City Council Representatives Sharron Rogers and Leon Leal, City Attorney, Matthew Boyle and the following City Staff: Erica Marohnic Planning Services Director Albert Triplett Planner II Connie Cook Development Services Assistant Natasha Gale Planning Technician ITEM 1. CALL TO ORDER Chairman Johnson called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:00 P.M. ITEM 2. ROLL CALL BRIEFING SESSION Erica Marohnic briefed the Board of Zoning Adjustment regarding the item scheduled to be heard in the regular public hearing. City Attorney, Matthew Boyle conducted briefing of legal aspects of Building Board of Appeals. ADJOURNMENT OF BRIEFING SESSION With no further discussion, Jonathan Gaspard made a motion to adjourn the Briefing Session. George Dalton seconded the motion which prevailed by the following vote: Ayes: Johnson, Anderson, Dalton, Sheppard, Borley, Gaspard, Muras Nays: None Absent: None The Briefing Session was adjourned at approximately 6:23 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 6TH DAY OF DECEMBER 2021. APPROVED: HAIRMAN 440A Y n . �C -& 2 Board of Zoning Adjustment 11-01-2021 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, November 1, 2021, at 6:00 P.M. in the Planning and Zoning Conference Room, 2nd Floor, 200 South Main Street, Grapevine, Texas for a Briefing Session with the following members present to wit: Ben Johnson Chairman Doug Anderson Vice-Chairman George Dalton Secretary John Sheppard Member John Borley Member Jonathan Gaspard Alternate Andrew Muras Alternate constituting a quorum. Also present was City Council Representatives Sharron Rogers and Leon Leal, City Attorney, Matthew Boyle and the following City Staff: Erica Marohnic Planning Services Director Albert Triplett Planner II Connie Cook Development Services Assistant Natasha Gale Planning Technician ITEM 1. CALL TO ORDER Chairman Johnson called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:24 p.m. ITEM 2. ROLL CALL Public Hearing ITEM 1. CALL TO ORDER Chairman Ben Johnson called the Public Hearing of the Board of Zoning Adjustment to order at approximately 6:25 p.m. ITEM 2. ROLL CALL ITEM 3. CITIZEN COMMENTS There was no one wishing to speak during citizen comments. NEW BUSINESS Board of Zoning Adjustment 11-01-2021 ITEM 4: BOARD OF ZONING ADJUSTMENT CASE BZA21-10. FABIEN GOURY. 326 EAST TEXAS STREET The first item for the Board of Zoning Adjustment to consider was BZA21-10 submitted by Fabien Goury for property located at 326 East Texas Street, legally described as Tract 63B, of the William Dooley Survey, Abstract 422. Section 43.E.3, Nonconforming Uses and Structures allows the Board of Zoning Adjustment to approve the remodeling and/or enlargement of a nonconforming use. Mr. Triplett explained that the applicant requested that BZA21-10 be continued to the December 6, 2021 Board of Zoning Adjustment meeting. City Attorney, Matthew Boyle addressed the Board, he explained that the applicant had requested a continuance to the December 6, 2021 Board meeting and at that time Staff would give a full case presentation. However, there were interested members of the public present and interested in discussing the case they could be allowed to do so by leaving the Public Hearing open and continuing the case and Public Hearing to the December 6, 2021 meeting. With no questions for Mr. Triplett, David Smith of 504 W. College Street, Grapevine, Texas, took the Oath of Truth; he expressed his and surrounding neighbors' concerns if the property were granted approval. He requested the Board deny the request. Doug Anderson asked Staff if they could explain the limits of the Boards authority. Mr. Triplett explained that the special exception requested was to increase the height of two cottages referred to as cottages one and two by three-feet. Mr. Anderson, asked if Staff could clarify what the Board could not rule on such as code, violations or exterior conditions that the Board was only to consider the increase to height. City Attorney, Matthew Boyle addressed the Board, he explained the case being presented to the Board was a special exception for cottages one and two increasing the height by three-feet, and explained the differences between a variance request and special exception. He stated that both cottages were currently non-conforming structures and non-conforming uses and were entitled to remain as is, in perpetuity, so long as the value was not destroyed greater than fifty-percent. He went on to explain that the ordinance allowed the property owner to expand and enlarge the non- conforming structures only upon the approval of the Board of Zoning Adjustment. This property was unique because it was vested and was part of the Historical Overlay, which meant no improvements could be made to the structures without approval of a Certificate of Appropriateness by the Grapevine Historical Preservation Commission. The Historical Preservation Commission had approved the Certificate of Appropriateness of all three cottages. In the event that a special exception was granted, 2 Board of Zoning Adjustment 11-01-2021 the only manor in which the buildings could be improved was by being consistent with the architecture and aesthetics that had been approved by Historic Preservation Commission. The second hypothetical concern was the cottages being sold off. Any sub-dividing of that lot could only be approved if the remaining lots were consistent with the sub-division ordinance, in this case it was not likely for any of the three cottages being sub-divided off and meet the sub-division ordinance. With no questions for Mr. Boyle, Don Cohoon of 407 E. Texas Street, Grapevine, Texas, took the Oath of Truth; he expressed his concerns regarding noise issues and has had to call police. He requested the Board deny the request. With no questions for Mr. Cohoon, Nancy Braden of 403 E. Worth Street, Grapevine, Texas, took the Oath of Truth; she expressed her concerns in regards to increasing the height of the cottages. She requested the Board deny the request. With no questions for Ms. Braden, City Attorney Matthew Boyle addressed the Board, he stated that if the Board wished to honor the applicant's request that a motion be made to continue the case and public hearing to the December 6, 2021 meeting. John Shepperd made a motion to continue the case and public hearing to the Board's regular scheduled Board meeting on December 6, 2021. John Borley seconded the motion which prevailed by the following vote: Ayes: Johnson, Anderson, Dalton, Sheppard, Borley Nays: None Absent: None ITEM 5: MINUTES Next the Board of Zoning Adjustment considered the minutes of the September 13, 2021, Briefing Session and Public Hearing. John Sheppard made a motion to accept the minutes of the September 13, 2021, Briefing Session as amended. George Dalton seconded the motion which prevailed by the following vote: Ayes: Johnson, Anderson, Dalton, Sheppard, Borley Nays: None Absent: None Doug Anderson made a motion to accept the minutes of the September 13, 2021, Public Hearing. George Dalton seconded the motion which prevailed by the following vote: Ayes: Johnson, Anderson, Dalton, Sheppard, Borley Nays: None 3 Board of Zoning Adjustment 11-01-2021 Absent: None ADJOURNMENT With no further discussion, John Sheppard made a motion to adjourn. John Borley seconded the motion, which prevailed by the following vote: Ayes: Johnson, Anderson, Dalton, Sheppard, Borley Nays: None Absent: None The meeting was adjourned at approximately 6:56 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 6TH DAY OF DECEMBER 2021. APPROVED: C AIRMA SECRETARY 1 1, • C��%l.�C�� 4 Board of Zoning Adjustment 11-01-2021