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HomeMy WebLinkAbout2007-07-09AGENDA CITY OF GRAPEVINE BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY EVENING, JULY 9, 2007 AT 6:00 P.M. PLANNING AND ZONING CONFERENCE ROOM SECOND FLOOR — CITY HALL 200 SOUTH MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER II. ROLL CALL III. NEW BUSINESS A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the July 9, 2007 public hearing. IV. STAFF REPORTS Development Manager to brief board on status of new construction projects. V. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING 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 TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq. ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARD OF ZONING ADJUSTMENT BRIEFING SESSION AGENDA WAS PREPARED AND POSTED ON THIS THE 28T" DAY OF JUNE 2007 AT 5:00 P.M. F WILLIAMS .OPMENT SERVICES DIRECTOR/ ING OFFICIAL L4 AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, JULY 9, 2007 AT 6:15 P.M. CITY HALL COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER II. ROLL CALL III. OLD BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA07-05, submitted by Kenneth & Tobi Mooney for property located at 2330 Bluebird Court, and consideration of same. IV. NEW BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA07-07, submitted by Stephen (W Hofineyer for property located at 522 East Texas Street, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA07-08, submitted by Cody Hammock for property located at 224 Wood Street, and consideration of same. V. MINUTES Board of Zoning Adjustment to consider the minutes of the June 4, 2007 Public Hearing and Briefing Session. VI. 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. A Im IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq. ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARD OF ZONING ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 28T" DAY OF JUNE 2007 AT 5:00 P.M. SCOtT VVILLIAMS DEVE4LOPMENT SERVICES DIRECTOR / BUILDNG OFFICIAL L A STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session, Monday evening, July 9, 2007, at 6:15 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Carl Hecht Chairman Dennis Luers Vice -Chairman Ron Cook Secretary Debbie Holt Member Richard Adams Alternate Scott Baker Alternate constituting a quorum. Also present were the following City Staff: Ron Stombaugh Planning and Development Manager Albert Triplett Planner II Connie Cook Development Services Assistant (r CALL TO ORDER Chairman Carl Hecht called the Public Hearing Session of the Board of Zoning Adjustment to order at approximately 6:28 P.M. ROLL CALL Chairman Hecht held roll call and announced that all were present. OLD BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA07-05. KENNETH AND TOBI MOONEY, 2330 BLUEBIRD COURT The first item for the Board of Zoning Adjustment to consider was BZA07-05, submitted by Kenneth and Tobi Mooney, for property located at 2330 Bluebird Court, legally described as Lot 37, Block 2, Russwood Estates. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 42.C., Supplemental District Regulations requires the same side yard setback as the principal structure for swimming pools. The applicant requested a variance to this requirement and if approved by the Board (W would allow a side yard setback along the southern property line of three feet (3') for a proposed swimming pool. Mr. Triplett explained that Staff found a special condition existed for the requested variance. Specifically, four (4) mature trees with diameters ranging from eight inches (8") to 15 inches (15") along with a five foot (5') wide utility easement spanning the entire width of the rear yard with overhead utilities that precluded placement of the pool in this area. Mr. Triplett stated that he had followed up on the Boards request for additional information. He stated that the waters edge of a swimming pool was required to be a minimum of ten -feet (10') measured at a horizontal distance from an overhead power line. Secondly the existing uncovered patio slab was part of the original slab. With no further questions for Mr. Triplett, Kenneth Mooney, of 2330 Bluebird Court, Grapevine, Texas took the Oath of Truth and requested favorable consideration of his request and offered to answer any questions of the Board. Ron Cook asked Mr. Mooney what the width of the pool would be as well as width of decking around the pool. He stated that it would be approximately 12' wide, and the pool deck approximately four -feet (4') with three -feet (3') between property line and structure, four -feet (4') to waters edge, and approximately one and a half feet (1 Y2') (W from residence. Debbie Holt asked if the pool deck would actually be closer than three -feet (3') to the fence. Mr. Mooney said it would be four -feet (4') from fence to waters edge. A Mr. Hecht asked Mr. Stombaugh to verify the code requirement for set -back from property line to pool deck. Mr. Stombaugh was able to contact the plans examiner and obtain clarification for pool setbacks. He explained that the hole did not represent the water surface area. The setback point was measured from back of beam, not waters edge. There would be 12 — 18 inches of beam depending on the type of construction. In order to consider this request the applicant would need to reduce the size of the pool, or the case would need to be re -advertised allowing for the additional 12 —18 inches. With no further questions for Mr. Stombaugh, Kenneth Mooney, readdressed the Board, he explained that the decking was installed in sections. That it could be removed if access to the property line was necessary. Mr. Hecht explained that the issue was not with the decking but rather the support beam. Discussion was held regarding clarification of setbacks, beams and decking. 2 Board of Zoning Adjustment Mr. Stombaugh explained that if the Board wanted to consider the case as presented, they could state in the motion that the beam be no closer than three -feet (3') as requested. With no further questions for Mr. Triplett, or Mr. Stombaugh, and no additional speakers, Richard Adams made a motion to close the public hearing. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Ron Cook made a motion that a special condition did not exist with regard to Section Section 42.C., Supplemental District Regulations. Richard Adams seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None BOARD OF ZONING ADJUSTMENT CASE BZA07-07, STEPHEN HOFMEYER, 522 EAST TEXAS STREET (W The next item for the Board of Zoning Adjustment to consider was BZA07-07 submitted by Stephen Hofineyer, for property located at 522 East Texas Street, legally described as Lot 6, Block 106, College Heights Addition. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 15.F.2., "R-7.5" Single Family District, Density Regulations, requires a minimum lot size of 7,500 square feet. The applicant requested a variance of 500-feet allowing a lot size of 7,000 square feet for an existing lot. Section 15,G.4., "R-7.5" Single Family District, Area Regulations requires a minimum lot width of 65-feet. The applicant requested a variance of 15-feet allowing a lot width of 50-feet for an existing lot. 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. The applicant requested a special exception and if approved by the Board, would allow the existing residential structure to remain as developed as well as a new accessory structure to be constructed as shown on the plot plan. 3 Board of Zoning Adjustment Mr. Triplett explained that Staff found a special condition existed for the requested variances and special exception. Specifically, this subject lot in its current configuration was platted in 1909 as part of the original plat of the College Heights Addition predating the City's first zoning ordinance adopted in 1955. Access to the proposed accessory structure would be via an unpaved alley. Developed property existed to the east, south and west eliminating the ability to expand to meet lot area or width requirements. With no further questions for Mr. Triplett, Stephen Hofineyer, of 522 East Texas Street, Grapevine, Texas took the Oath of Truth and requested favorable consideration of his request and offered to answer any questions of the Board. Debbie Holt asked Mr. Hofineyer how he would make the alley accessible for the garage; he stated that it was accessible; he would clean up the alley and put in some gravel. Carl Hecht asked what the width of the alley was and what the garage would be used for. Mr. Hofineyer stated it was 15', and would use the garage for vehicles and Jet Ski's. Ron Cook asked if he understood the alley would not be his personal driveway once he made improvements to it. He stated that he did, and was one of the reasons the garage had been moved from facing the alley. With no further questions for Mr. Triplett, and no additional speakers, Debbie Holt made a motion to close the public hearing. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Debbie Holt made a motion that a special condition existed for the requested variances and special exception. Specifically, this subject lot in its current configuration was platted in 1909 as part of the original plat of the College Heights Addition predating the City's first zoning ordinance adopted in 1955. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Debbie Holt then made a motion to grant the following variances to "R-7.5" Single Family District, Density Regulations: Section 15.F.2., allowing a lot size of 7,000 square feet for an existing lot. "R-7.5" Single Family District, Area Regulations: Section 16,G.4., allowing a minimum lot width of 50-feet for an existing lot. "R-7.5" Single Family District, Nonconforming Uses and Structures: Section 43.E.3., allowing the existing residential structure to remain as developed as well as a new accessory structure to be 4 Board of Zoning Adjustment O constructed as shown on the plot plan. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None BOARD OF ZONING ADJUSTMENT CASE BZA07-08, CODY HAMMOCK, 224 WOOD STREET The next item for the Board of Zoning Adjustment to consider was BZA07-08 submitted by Cody Hammock, for property located at 224 Wood Street, legally described as Lot 6, Block 106, College Heights Addition. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 15.F.2., "R-7.5" Single Family District, Density Regulations, requires a minimum lot size of 7,500 square feet. The applicant requested a variance of 500-feet allowing a lot size of 7,000 square feet for an existing lot. Mr. Triplett explained that Staff found a special condition existed for the requested variance. Specifically, the subject lot in its current configuration was platted in 1909 as (W part of the original plat of the College Heights Addition predating the City's first zoning ordinance adopted in 1955. Developed property exists to the north, south and west eliminating the ability to expand to meet lot area requirements. He further explained that a Certificate of Appropriateness had been approved on May 23, 2007 for this property. With no further questions for Mr. Triplett, Cody Hammock, of 428 Southridge Dr., Irving, Texas, Texas took the Oath of Truth and requested favorable consideration of his request and offered to answer any questions of the Board. Chairman Hecht announced that (2) letters of approval, (2) letters of opposition, (2) letters of concern had been received. Dennis Luers asked Mr. Hammock what comments his neighbors had about his use of the alley. Mr. Hammock stated that he had heard concerns regarding the parking of his vehicles in the alley as well as using the alley to access the detached structure in the rear of the property. Mr. Hammock stated that he would be cleaning up and improving the alley, he further stated that he had provided off street parking on his property and there would be no need to park in the alley. After reviewing the site plan, it was determined that the alley was for access only and that off street parking was provided on applicant's property. 5 Board of Zoning Adjustment With no further questions for Mr. Triplett, and no additional speakers, Dennis Luers made a motion to close the public hearing. Richard Adams seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Dennis Luers made a motion that a special condition existed for the requested variance. Specifically, the subject lot in its current configuration was platted in 1909 as part of the original plat of the College Heights Addition predating the City's first zoning ordinance adopted in 1955. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Dennis Luers then made a motion to grant the following variance to Section 15.F.2., "R-7.5" Single Family District, Density Regulations, allowing a lot size of 7,000 square feet for an existing lot. Richard Adams seconded the motion which prevailed by the following vote: (r Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None MINUTES Next the Board of Zoning Adjustment considered the minutes of the June 4, 2007 Briefing Session and Public Hearing. Ron Cook made a motion to accept the minutes of the June 4, 2007 Briefing Session. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Ron Cook made a motion to accept the minutes of the June 4, 2007 Public Hearing. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Nays: Absent Hecht, Luers, Cook, Holt, Adams None None 6 Board of Zoning Adjustment (W ADJOURNMENT With no further discussion, Ron Cook made a motion to adjourn. Dennis Luers seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None The meeting was adjourned at approximately 7:05 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 6T" DAY OF AUGUST, 2007. W1 Nili�SECRETARY I r_1�azlrx•� CHAIRMAN 7 Board of Zoning Adjustment