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Home My WebLink About2008-11-03AGENDA CITY OF GRAPEVINE BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY EVENING, NOVEMBER 3, 2008 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 November 3, 2008 public hearing. B. Board of Zoning Adjustment to consider 2009 Meeting Agenda Schedule. C. City Attorney to conduct briefing on legal aspects of Board of Zoning Adjustment. IV. 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 28TH DAY OF OCTOBER 2008 AT 5:00 P.M. SC TT ILLIAMS DE L%MENT SERVICES DIRECTORBOIL INOFFICIAL 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, November 3, 2008, 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 Member John VanTil Alternate Ken White Alternate constituting a quorum. Also present were City Council Representative Roy Stewart, City Attorney, Cathy Cunningham, and the following City Staff: Ron Stombaugh Planning and Development Manager Albert Triplett Planner II Connie Cook Development Services Assistant CALL TO ORDER Chairman Carl Hecht called the Public Hearing Session of the Board of Zoning Adjustment to order at approximately 6:20 P.M. ROLL CALL Chairman Hecht held roll call and announced that all were present. OATH OF OFFICE Connie Cook administered the Oath of Office to reappointed Chairman, Carl Hecht, reappointed Vice -Chairman, Dennis Luers, reappointed Member, Richard Adams, reappointed Member, Deborah Holt and newly appointed 2"d Alternate Ken White. ELECTION OF OFFICERS For office of Chairman, Dennis Luers re -nominated Carl Hecht. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Luers, Cook, Holt, Adams Nays: None 4W Abstain: Hecht Absent: None MINUTES Next the Board of Zoning Adjustment considered the minutes of the July 7, 2008, Briefing Session and Public Hearing. Richard Adams made a motion to accept the minutes of the July 7, 2008 Briefing Session. Debbie Holt seconded the motion. Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Richard Adams made a motion to accept the minutes of the July 7, 2008 Public Hearing. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None ADJOURNMENT With no further discussion, Richard Adams made a motion to adjourn. Debbie Holt 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 6:40 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 2ND DAY OF FEBRUARY 2009. '4�� 00000f c. SECRETARY APPROVED: CHAIRMA 5 Board of Zoning Astment AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, NOVEMBER 3, 2008 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. OATH OF OFFICE IV. ELECTION OF OFFICERS V. NEW BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA08-10, submitted by Jeff Avery, for property located at 401 Washington Street, and consideration of same. VI. MINUTES Board of Zoning Adjustment to consider the minutes of the July 7, 2008 Public Hearing and Briefing Session. VII. 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 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 28TH DAY OF OCTOBER 2006 AT 5:00 P.M. S OT WILLIAMS DE EL PMENT SERVICES DIRECTOR / BUIL I G OFFICIAL 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 3, 2008, 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: Carl Hecht Dennis Luers Ron Cook Debbie Holt Richard Adams John VanTil Ken White Chairman Vice -Chairman Secretary Member Member Alternate Alternate constituting a quorum. Also present were City Council Representative Roy Stewart, City Attorney, Cathy Cunningham, and the following City Staff: Ron Stombaugh Planning and Development Manager Albert Triplett Planner II Connie Cook Development Services Assistant CALL TO ORDER Chairman Carl Hecht called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:00 P.M. ROLL CALL Chairman Hecht held roll call and announced that all were present. NEW BUSINESS Mr. Triplett briefed the Board of Zoning Adjustment regarding the item scheduled to be heard in the regular public hearing. AGENDA SCHEDULE Next the Board of Zoning Adjustment approved the 2009 Meeting Agenda Schedule. Richard Adams made a motion to close nominations, Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Luers, Cook, Holt, Adams Nays: None Abstain: Hecht Absent: None Carl Hecht was re-elected as Chairman. For office of Vice -Chairman, Debbie Holt re -nominated Dennis Luers. Richard Adams seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Holt, Adams Nays: None Abstain: Luers Absent: None Debbie Holt made a motion to close nominations, Richard Adams seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Holt, Adams Nays: None Abstain: Luers Absent: None Dennis Luers was re-elected as Vice -Chairman. For office of Secretary, Debbie Holt re -nominated Ron Cook. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Holt, Adams Nays: None Abstain: Cook Absent: None Richard Adams made a motion to close nominations, Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Holt, Adams Nays: None Abstain: Cook Absent: None Ron Cook was re-elected as Secretary. 2 Board of Zoning Adjustment 008 NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA08-10, JEFF AVERY, 401 WASHINGTON STREET The first item for the Board of Zoning Adjustment to consider was BZA08-10 submitted by Jeff Avery, for property located at 401 Washington Street, legally described as Lot 6, North Side Addition Section 16.F.2., "R-5.0" Zero -Lot -Line District, Density Regulations, requires a minimum lot size of 5,000 square feet. The applicant requested a variance and if approved by the Board would allow a lot size of 4,320 square feet for an existing lot. Section 16.G.1., "R-5.0" Zero -Lot -Line District, Area Regulations, requires a minimum front yard setback of 25-feet. The applicant requested a variance and if approved by the Board, would allow a front yard setback of 15-feet along Washington Street. Section 16.G.2., "R-5.0" Zero -Lot -Line District, Area Regulations, requires a minimum rear yard setback of 25-feet. The applicant is requested a variance and if approved by the Board, would allow a rear yard setback of 12-feet. Section 16.G.5., "R-5.0" Zero -Lot -Line District, Area Regulations, requires a minimum lot depth of 100 feet. The applicant requested a variance and if approved by the Board would allow a lot depth of 72- feet for an existing lot. Mr. Triplett explained that Staff found special conditions existed for the requested variances. Specifically, the subject lot was platted in 1959 as part of the original plat of the North Side Addition. Developed property existed to the north, street frontage existed along the east and south property lines in addition to an unplatted lot to the west eliminating the ability to expand the subject property to meet lot minimums, lot area and depth requirements. Requiring the 25-foot front yard setback and the 25-foot rear yard setback would leave 22-feet of buildable depth for a structure, severely limiting the type of product that could be built on the property. He further explained that in 1994 and 2006 the Board approved special exceptions on two lots in the immediate vicinity which were currently zoned "R-5.0" Zero -Lot -Line - District, 402 Washington Street and 318 Turner Road, for reinstatement and rebuilding of two nonconforming uses respectively. The lots of the two previously approved requests did not conform to the development criteria established for the zoning district. With no further questions for Mr. Triplett, the applicant, Jeff Avery, of 3063 Parr Lane, Grapevine, Texas, took the Oath of Truth; he explained to the Board the purpose for his request, offered to answer any questions of the Board and requested favorable consideration of his request. 3 Board of Zoning Adjustment 11 /3/2008 With no further questions for Mr. Avery, Ronnie Smith, of 11579 Highway 175 W, Eustace, Texas, representing parents Aubrey and Rosalee Smith, took the Oath of Truth; and explained to the Board his concerns for approving the variances requested. Mr. Hecht asked for clarification of where his property was located, Mr. Smith stated that it was directly to the west. Debbie Holt inquired to the dimensions of his property; he stated that it was 50-feet wide by 100-feet deep. Chairman Hecht announced that no letters had been received for or against. With no further questions for Mr. Smith, 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 Debbie Holt made a motion that special conditions existed for the requested special variances. Specifically, the subject lot was platted in 1959 as part of the original plat of the North Side Addition. Developed property existed to the north, street frontage existed along the east and south property lines in addition to an unplatted lot to the west eliminating the ability to expand the subject property to meet lot minimum lot area and depth requirements 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 that special conditions existed with regard to the following variances to "R-5.0" Zero -Lot -Line, Area Regulations: Section 16.G.1., allowing a minimum front yard setback of 15-feet along Washington Street: Section 16.G.2., allowing a rear yard setback of 12-feet: Section 16.G.5., allowing a lot depth of 72-feet. With regard to "R-5.0" Zero -Lot -Line, Density Regulations: Section 161.2., allowing a lot size of 4,320 square feet for an existing lot. Richard Adams seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None 4 Board of zoning Adjustment vsrzooa RECESS BRIEFING SESSION With no further discussion, the Briefing Session recessed to the Council Chambers to conduct Public Hearing, at approximately 6:15 P.M. RECONVENE BRIEFING SESSION Briefing session reconvened at approximately 6:55 P.M. City Attorney; Cathy Cunningham conducted a briefing on the legal aspects of the Board of Zoning Adjustment. Ms. Cunningham explained the purpose, importance and composition of the Board. ADJOURNMENT With no further discussion, Dennis Luers made a motion to adjourn. John VanTil seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams, VanTil, White Nays: None Absent: None The Briefing Session was adjourned at approximately 7:25 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 2ND DAY OF FEBRUARY, 2009. SECRETARY :1 2 APPROVED: CHAIRMAN Hoard of Zoning Adjustment 11 /3/2008