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HomeMy WebLinkAbout2022-12-12 Regular Meeting * CITY OF GRAPEVINE, TEXAS BUILDING�GRA VINE MONDAY, DEOCEMBER 12ARD OF P20 2 EALS MEETING AGENDA T E k eA 5 GRAPEVINE CITY HALL, SECOND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 76051 6:00 p.m. Briefing Session — Planning and Zoning Commission Conference Room 6:15 p.m. Public Hearing — City Council Chambers CALL TO ORDER: 6:00 p.m. — Planning and Zoning Conference Room 1. Roll Call BRIEFING SESSION 2. Building Board of Appeals to conduct a briefing session to discuss items scheduled to be heard in the December 12, 2022 public hearing. PUBLIC HEARING: 6:15 p.m. — City Council Chambers 3. Call to Order 4. Roll Call CITIZEN COMMENTS 5. Any person who is not scheduled on the agenda may address the Commission 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 Commission regarding an item on the agenda either before or during the Commission's consideration of the item, upon being recognized by the Chairman or upon the consent of the Commission. In accordance with the Texas Open Meetings Act, the Commission is restricted in discussing or taking action during Citizen Comments. OLD BUSINESS None NEW BUSINESS 6. Building Board of Appeals to conduct a public hearing relative to Case BBA22-04 7. Building Board of Appeals to consider the minutes of the November 14, 2022 meeting and take any necessary action. ADJOURNMENT 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 December 9, 2022 by 5:00 p.m. 30 O IXSON BUILDING OFFICIA 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 Building Services at (817) 410-3158 at least 24 hours in advance. Reasonable accommodations will be made to assist your needs. Building Services Department The City of Grapevine*P.O.Box 95104*Grapevine,Texas 76099 (817)410-3165*(817)410-3166 www.grapevinetexas.gov * CITY OF GRAPEVINE, TEXAS ���� BUILDING BOARD OF APPEALS MEETING MINUTES R MONDAY, DECEMBER 12, 2022 'T t: 1 A s GRAPEVINE CITY HALL, COUNCIL CHAMBERS �- 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 76051 6:00 p.m. Briefing Session — Planning and Zoning Commission Conference Room 6:15 p.m. Public Hearing — City Council Chambers The Building Board of Appeals for the City of Grapevine, Texas, met on Monday evening, December 12, 2022, 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: Joe Lipscomb Chairman Jerrold Sklar Vice-Chairman Shea Kirkman Member Gabe Griess Member Robert Rainwater Member Constituting a quorum with Assistant Building Official Larry Gray and Members Denise Vianco and Gary Kemp absent. Also present were City Council Representative Leon Leal and the following City Staff: Larry Gray Assistant Building Official Connie Cook Building 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. 1. Roll Call BRIEFING SESSION: — Planning and Zoning Commission Conference Room. 2. Building Board of Appeals to conduct a briefing session to discuss items scheduled to be heard in the December 12, 2022, public hearing. Assistant Building Official, Larry Gray briefed the Building Board of Appeals regarding the item scheduled to be heard in the regular public hearing. ADJOURNMENT OF BRIEFING SESSION With no further discussion, the meeting was adjourned at approximately 6:13 P.M. PUBLIC HEARING: City Council Chambers. Chairman Joe Lipscomb called the Public Hearing of the Building Board of Appeals to order at approximately 6:15 P.M. 3. Call to Order 4. Roll Call CITIZEN COMMENTS 5. There was no one wishing to speak during citizen comments. NEW BUSINESS 6. Building Board of Appeals to conduct a public hearing relative to Case BBA22-04, submitted by property owners David and Amanda Howard for property located at 2900 W. Kimball Avenue, legally described as Lot 2A and 213, Block 1, Finholt Addition. The request was to Grapevine Code of Ordinances Chapter 7, Article IV Fences. Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. Larry Gray explained that Staff recommended the Building Board of Appeals deny the applicant's request for approval of a five-foot (6) spiked iron fence within the required and established front yard. With no questions for Mr. Gray, David Howard of 2900 W Kimball Avenue, Grapevine, Texas, addressed the Board; he explained to the .Board the properties unique characteristics regarding flood zone and the inability to construct any residential homes on over 90% of the property. He explained that there had been an existing 5-foot fence that had dilapidated and needed to be replaced. He further stated that the fence was constructed at least further onto the property. He sincerely apologized for not obtaining a building permit and explained their need for the fence to remain as constructed. He requested favorable consideration of his request and offered to answer any questions of the Board. Shea Kirkman asked Mr. Howard if he was primarily seeking variance to the height in the exact locations or was, he willing to make changes if necessary. Mr. Howard stated that he would be happy to meet with staff and make changes as needed. Mr. Kirkman asked if in the likelihood that the horses were to get out, were there options to create an internal fence. Mr. Howard explained that there were paddock fences in place, and this would be a secondary fence. He further explained that land was constantly moving and having a secondary in place was something they felt was needed. Gabe Griess asked Mr. Howard about other construction on the property and whether a separate contractor was hired to construct the fence. Mr. Howard explained that a 2 contractor was hired to construct the fence and did not obtain a permit, leaving him with the responsibility. Joe Lipscomb asked Mr. Howard if the fence had been constructed in the same location. Mr. Howard stated, no, the new fence was the same height but constructed further back onto the property, he explained that there was a blind spot in the driveway area, so a larger entrance was created. He further stated that the road had since been redeveloped with added paving and pathways. Jerrold Sklar asked Mr. Howard, other than the reasons previously stated, were there any other reasons the fence was not constructed where the original variance had been granted. Mr. Howard stated, once they looked at the entrance and creek location, the design enhanced the view of the property. With no further questions for Mr. Howard and no additional speakers, Robert Rainwater made a motion to close the public hearing. Jerrold Sklar seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kirkman, Rainwater, Griess Nays: None Abstain: None Absent: Vianco, Kemp Shea Kirkman made a motion that a special condition existed. Specifically, this was a 10-acre property with unique physical conditions, along with an approval of an existing variance. Gabe Griess seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kirkman, Rainwater, Griess Nays: None Abstain: None Absent: Vianco, Kemp Jerrold Sklar made a motion to approve the variance to Section 7-127, Fences, Front Yard Requirements, allowing the construction of (5)-foot tall, spiked iron fence as shown on site plan that exceeded 36 inches in height, with more than 50 percent through vision in the required and established front yard pending approval from Public Works regarding the section of fence in right-of-way. Shea Kirkman seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kirkman, Rainwater, Griess Nays: None Abstain: None Absent: Vianco, Kemp 7. Building Board of Appeals to consider the minutes of the November 14, 2022, meeting and take any necessary action. Next the Building Board of Appeals to consider the minutes of the November 14, 2022, meeting. 3 Gabe Griess made a motion to accept the minutes of the November 14, 2022, Briefing Session, and Public Hearing. Robert Rainwater seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kirkman, Rainwater, Griess Nays: None Abstain: None Absent: Vianco, Kemp ADJOURNMENT With no further discussion, Robert Rainwater made a motion to adjourn. Jerrold Sklar seconded the motion, which prevailed by the following vote: Ayes: Lipscomb, Sklar, Kirkman, Rainwater, Griess Nays: None Abstain: None Absent: Vianco, Kemp The meeting was adjourned at approximately 6:58 P.M. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 14TH DAY OF AUGUST 2023. APPROVED: VICE-C IRMAN SECI�F��fARY 4