Loading...
HomeMy WebLinkAboutBZA1997-0020VARIANCE REQUEST No. 97-00020 DEVELOPMENT SERVICES LOT 1-5 qTyOFGRAFLE1/INF THROP ADDITION ^'15/97 ON THIS DATE VICWEST STEEL BHB STEEL BLDG PRODUCTS ISSUED TO 404 DALLAS E. RD OWNER OR AGENT VAR TO SEC. 54 MASONRY & SEC. 43 ACTION AUTHORIZED AT ACTION AUTHORIZED ISSUED IN ACCORDANCE WITH APPLICATION ON FILE IN THIS OFFICE 100.00 TOTAL FEE $FIANCE REOT-EST NAME (PRINTED) COMPANY NAME T-ZI{r�cmTc2!T!RRT 24 HOUR INSPECTION NUMBER 404 E. DALLAS RD. METRO (817) 481-0366 GRAPEVINE. TX 76055 CUT-OFF TIMES: 481-3521 7:30 A.M. - A.M. INSPECTION 12:30 P.M. - P.M. INSPECTION WORK MUST CONFORM TO ALL APPLICABLE CODES FILE STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening, August 4, 1997, at 6:00 P.M. in the Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas, with the following members present to wit: Randy Howell Chairman Carl Hecht Vice -Chairman Ery Meyer Secretary Jill Davis Member Russell Anderson 1 st Alternate Ron Cook 2nd Alternate Kip Bruner 3rd Alternate constituting a quorum with Dennis Luers absent. Also present was City Council Representative Roy Stewart and the following City Staff: Scott Williams Ron Stombaugh Gerrie Anderson CALL TO ORDER Building Official City Planner Secretary Chairman Randy Howell called the meeting to order at 6:00 P.M. OATH OF OFFICE Gerrie Anderson administered the Oath of Office to newly appointed 3rd Alternate, Kip Bruner. BZA97-18, ROBERT AND DANA MORRIS The first item of business for the Board of Zoning Adjustment to consider was a request from Robert and Dana Morris for 2907 Peninsula Drive, platted as Lot 32R, Block 4, Placid Peninsula, Section A, Grapevine Texas. The following requests were from Grapevine Comprehensive Zoning Ordinance 82-73: Section 15.6.4. "R-7.5" Single Family District which requires permitted accessory uses (garages) to be located not less than forty-five (45) feet from the front lot line. The request would allow an encroachment of twenty five (25) feet into the required forty five (45) foot front yard setback for accessory structures to develop a proposed three (3) bay garage. If approved, it would allow a garage to be developed twenty (20) feet from the front lot line as shown on the site plan. Section 15.G. 1, "R-7.5" Single Family District which requires a thirty (30) foot front yard setback. BZA Minutes 8/4/97 The request would allow an encroachment of ten (10) feet into the required thirty (30) foot front yard setback to develop a garage. If approved, it would allow a ten (10) foot variance to the front yard setback requirement to allow a twenty (20) foot front yard setback as shown on the site plan. Section 42.C.3., Supplementary District Regulations which requires a detached accessory building in a residential district to be located on the rear one-half of the lot. The requested variance would allow a detached three (3) bay garage to be developed in the front one-half of the lot. Ron Stombaugh explained that Staff found no special conditions existed for the requests because the property is currently undeveloped. Robert Morris, of 3413 Vine Ridge, Bedford, Texas, and applicant, took the Oath of Truth and presented the Board a site plan of the lot showing the location of the 572 lake flowage easement and the portion of the property was not buildable. Mr. Morris showed the Board another exhibit showing that if the garage was placed on the 30 foot front building line, then the line of trees along the lot line would be disturbed. Mr. Morris expressed that he would like to have the same opportunity as his neighbors in being able to save the existing trees. Mr. Cook asked the applicant why he would be opposed to attaching the garage to the house. Mr. Morris explained that they would like to have room in the future for a pool and deck and again does not want to remove many trees. Jill Davis expressed her concern of the setback requirements stated in the zoning ordinance taking precedence over tree preservation. Sandra Dennehy, of 3124 College Avenue, Fort Worth, and architect for the applicants, took the Oath of Truth and explained how the maneuvering area for the parking needed to be 20 feet. Ms. Dennehy explained that they worked to save as many of the trees on the property as possible. Randy Howell suggested that the applicant place the garage on the other side of the property and then it would be set back 45 feet from the front property line and would have the same setback as his neighbors' accessory structures. This would also preserve trees. Mr. Morris explained to the Board that he wanted his new home to be appealing to the community and a hardship would be created if the location of the garage was moved, because he would have to rearrange all plans for the lot. BZA Minutes 8/4/97 With no one to speak either for or against the request, Carl Hecht made a motion to close the public hearing. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers After further discussion, Carl Hecht made a motion that no special conditions existed for Section 15.B.4. which requires permitted accessory uses (garages) to be located not less than forty-five (45) feet from the front lot line, and for Section 15.G.1. which requires a thirty (30) foot front yard setback. Carl Hecht also made a motion that a special condition existed for Section 42.C.3., Supplementary District Regulations and the special condition being the location of the 572 flowage easement. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers Carl Hecht then made a motion to grant the variance to Section 42.C.3., allowing a three bay garage to be developed in the front one-half of the yard. The structure must meet setback requirements and the variance shall not be tied to a plot plan. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers BZA97-20. VICWEST STEEL The next item for the Board of Zoning Adjustment to consider was BZA97-20, submitted by VicWest Steel who requested variances for 404 East Dallas Road, platted as Lot 3 & 4, Block 1, Hilltop Addition. The following requests were from Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.E.3. Nonconforming Uses and Structures which allows the Board of Zoning Adjustment to approve the remodeling or enlargement of a nonconforming use or structure. The requested special exception would allow the existing development to remain as currently developed, and to allow the remodeling and expansion of the development. Section 54, Masonry Regulations which require seventy (70) percent of the total exterior walls, excluding doors and windows, to be constructed of brick, stone or other masonry. 3 BZA Minutes 8/4/97 The request would allow a one -hundred (100) percent variance to the seventy (70) percent masonry requirement. If approved, it would allow a 100 percent variance to the masonry requirement for the proposed expansion as shown on the site plan. Ron Stombaugh explained that Staff found special conditions existed for the special exception to allow the existing development to remain as currently developed and to allow the remodeling and expansion of the development. Mr. Stombaugh explained that Staff was assured by the applicant that the remodeling would greatly improve the appearance of the site and the expansion would eliminate the need for any outside storage. However, Mr. Stombaugh noted that Staff found no special condition existed for the request to vary to the seventy (70) percent masonry requirement. An application was submitted by Jenisys Engineered Products, Inc. For VicWest Steel. Mr. Stombaugh explained that the development was built prior to the requirement for property located in the "LI" Light Industrial District to be seventy (70) percent masonry. Mr. Stombaugh noted that staff had received two responses that were in favor of the request and one response against the request. Gary McKibben of 965 Slocum, Dallas, Texas, and architect for VicWest Steel took the Oath of Truth and explained about upgrading the exterior and interior of the property and the quality of the development. Mr. McKibben explained that the owner wants to reclad the building with their own metal product and feels it would be infeasible to put masonry on the structure. The Board asked Scott Williams, Building Official, if synthetic stucco was considered masonry under the zoning ordinance. Mr. Williams replied that it was an acceptable masonry product. Fred Seal of 2909 Creek View Drive, Flower Mound and General Manager for VicWest Steel, took the Oath of Truth and explained that the business moved to the United States nine years ago and at that time purchased the property from Omega. Mr. Seal noted that they plan on spending 4 million on upgrading the property which will become their United States headquarters. After further discussion concerning what other types of material could be used and the percentage required for the overall building, Jill Davis made a motion to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers 4 BZA Minutes 8/4/97 Randy Howell explained that the applicant's hardship is financial, which the Board of Zoning Adjustment cannot consider. Jill Davis made a motion that a special condition existed for the request to Section 43.E.3., Nonconforming Uses and Structures, as the remodeling would greatly improve the appearance of the site, and the expansion would eliminate the need for any outside storage, and that no special condition existed for the request to Section 54, Masonry Requirements. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers Jill Davis then made a motion to approve the variance request to Section 43.E.3, Nonconforming Uses and Structures, allowing the development to remain as currently developed and to expand or remodel the nonconforming uses as shown on the site plan. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers BZA97-21. JASON AND NANCY BURR The next item for the Board of Zoning Adjustment to consider was BZA97-21, submitted by Jason and Nancy Burr who requested variances for 1731 Autumn Ridge, platted as Lot 10, Block 107, College Heights Addition. The following variance was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 42.C.4, Supplementary District Regulations, which requires that swimming pools be subject to the same side yard requirements as the principal structure. Section 16.G.3, Zero Lot Line District, which requires an eleven (11) foot side yard setback on one side and a twelve (12) inch side yard setback on the opposite side. The request would allow a five (5) foot variance to the required eleven (11) foot side yard setback on the south property line. If approved, it would allow a six (6) foot side yard setback for the proposed swimming pool on the south property line as shown on the plot plan. Mr. Stombaugh explained that Staff found that a special condition existed for the request to allow the proposed swimming pool to encroach into the side yard setback to preserve an existing thirty (30) foot tall Willow tree. Mr. Stombaugh further explained that If 9 BZA Minutes 8/4/97 compliance with the eleven (11) foot side yard setback requirement was met, the root system of the existing thirty (30) foot tall Willow tree could be jeopardized by the proposed swimming pool. Jason Burr, applicant of 1731 Autumn Ridge Drive, Grapevine, took the Oath of Truth and explained that when he purchased the property in 1992, there were no trees on the property and since then has placed trees on the lot. Mr. Burr explained that he was wanting to preserve the willow tree in the rear yard and maintain the side yard. Randy Howell explained that two letters of approval had been received. With no one else to speak either for or against the request, Jill Davis made a motion to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers Further discussion followed with Mr. Cook and Ms. Davis expressing strong feelings that tree preservation should not be a consideration for setback variances. After further discussion, Carl Hecht made a motion that a special condition exists to allow the proposed swimming pool to encroach into the side yard setback to preserve an existing thirty (30) foot tall Willow tree. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Anderson Nays: Davis Absent: Luers Carl Hecht then made a motion to grant the variance to Section 42.C.4. Supplementary District Regulations allowing a six (6) foot side yard setback for the proposed swimming pool on the south property line as shown on the plot plan. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Anderson Nays: Davis Absent: Luers 19 BZA Minutes 8/4/97 BZA97-22. JAY YOUNG Next the Board of Zoning Adjustment considered BZA97-22, submitted by Jay Young who requested variances for 327 East College Street, platted as Lot 3, Block 29, Original Town of Grapevine. The following variances were from Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.E.3., Nonconforming Uses and Structures which allows the Board of Zoning Adjustment to approve the remodeling or enlargement of a nonconforming use. The request would allow the existing residential structure to remain as currently developed and to expand to provide off-street parking along the west side of the property. If approved, the special condition would allow a photography studio to be developed in an existing residential structure and provide off-street parking for the use in the College Street Historic District as shown on the site plan. Section 54, Masonry Regulations which require seventy (70) percent masonry in the "PO" Professional Office District. The request would allow a one hundred (100) percent variance to the seventy (70) percent masonry requirement in the "PO" Professional Office District. If approved, it would allow a zero (0) percent masonry requirement for the proposed photography studio in a residential structure in the College Street Historic District. Ron Stombaugh announced that Jay and Kathy Young had submitted a letter requesting their case, BZA97-22, be removed from the agenda. Mr. Stombaugh explained that Mr. and Mrs. Young, stated in their letter that due to problems that had emerged during their attempts to re -zone the property (specifically deed restrictions), they believed it was in their best interest to forego the purchase of the property. With no further discussion, Carl Hecht made a motion to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers Carl Hecht made a motion to deny BZA97-22 since the applicant requested to have the case withdrawn. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers 7 BZA Minutes 8/4/97 BZA97-23, TIM LANCASTER Next, the Board of Zoning Adjustment considered BZA97-23, submitted by Tim Lancaster who requested a variance for 1815-1819 Fern Court, platted as Lot 19, Block 5, Ridgecrest Addition. The following variance was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 17.H. "R-3.5' Two -Family District Regulations which requires a forty (40) foot buffer yard setback between a multifamily district and any non-residential district. The request would allow a twenty six (26) foot variance to the forty (40) foot buffer yard setback requirement. If approved, the variance would allow a fourteen (14) foot buffer yard setback as shown on the site plan. Ron Stombaugh explained that Staff found a special condition existed being the property is located on a cul-de-sac street and has an unusual shape which reduces the buildable area of the lot. Mr. Stombaugh explained that the applicant was previously granted a fifteen (15) foot variance (BZA94-15) to the buffer yard requirement to allow a twenty five (25) foot buffer yard setback in the rear yard, however, the applicant did not develop the subject property at that time. Mr. Stombaugh explained the proposed structure, shown on the recently submitted site plan, exceeds the variance granted in 1994 and now requires the applicant to request an additional variance to the buffer yard requirement. Tim Lancaster, applicant, of 2010 Forest Hills Road, Grapevine, took the Oath of Truth and explained about his previously approved variance. After further discussion, Jill Davis made a motion to close the public hearing. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers Jill Davis made a motion that a special condition existed and the special condition being the property is located on a cul-de-sac street and has an unusual shape which reduces the buildable area of the lot. Carl Hecht seconded the motion which prevailed by the following vote: BZA Minutes B/4/97 Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers Jill Davis then made a motion to grant the variance to Section 17.H. R-3.5, Two -Family District Regulations allowing a fourteen (14) foot buffer yard setback as shown on the plot plan. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers MINUTES Next the Board of Zoning Adjustment considered the minutes of the July 7, 1997, meeting. Ery Meyer made a motion to approve the minutes of the July 7, 1997, meeting. Jill Davis seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers MISCELLANEOUS DISCUSSION. Ron Stombaugh introduced to the Board the new City Planner, Joann Stout. ADJOURNMENT With no further business, Ery Meyer made a motion to adjourn. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Meyer, Hecht, Davis, Anderson Nays: None Absent: Luers The meeting was adjourned at 7:30 P.M. 0 BZA Minutes 8/4/97 PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE 6TH DAY OF OCTOBER, 1997. ATTEST: SECRETARY APPROVED: CHAIRM,AN--"- 10