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Home My WebLink About2009-02-02 AGENDA CITY OF GRAPEVINE � BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY EVENING, FEBRUARY 2, 2009 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 February 2, 2009 public hearing. 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) 4�10-3158 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 23RD DAY OF JANUARY 2009 AT 5:00 P.M. COT WILLIAMS EVE PMENT SERVICES DIRECTOR / I NG 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, February 2, 2009, 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: 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 and the following City Staff: � Scott Williams Development Services Director / Building Official 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. Williams and Mr. Stombaugh briefed the Board of Zoning Adjustment regarding the items scheduled to be heard in the regular public hearing. � � ADJOURNMENT With no further discussion, Dennis Luers made a motion to adjourn. Debbie Holt 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 6:15 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 2ND DAY OF MARCH, 2009. APPROVED: —^� .-- � � �� ."`��-�_ l_`��, �`� I CHA MAN !'�� / � , � .��'�,� � j� ,� SECRETARY � 2 Board of Zoning Adjustment 2/2/2009 AGENDA CITY OF GRAPEVINE �, BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, FEBRUARY 2, 2009 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. NEW BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA09-01, submitted by Loretta Meason, for property located at 2900 Mustang Drive #118, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA09-02, submitted by Richard Pemberton, for property located at 1319 Worthington Drive, and consideration of same. � IV. MINUTES Board of Zoning Adjustment to consider the minutes of the November 3, 2008 Public Hearing and Briefing Session. V. 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 23RD DAY OF JANUARY 2009 AT 5:00 P.M. __----- COT WILLIAMS � VEL PMENT SERVICES DIRECTOR/ BU G OFFICIAL � 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, February 2, 2009, 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, and the following City Staff: Scott Williams Development Services Director / � Building Official 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 6:18 P.M. ROLL CALL Chairman Hecht held roll call and announced that all were present. NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA09-01, LORETTA MEASON, 2900 MUSTANG DRIVE #118 The first item for the Board of Zoning Adjustment to consider was BZA09-01 submitted by Loretta Meason representing Robert Meason, for property located at 2900 Mustang Drive #118, legally described as Tract 2, Abstract A1532 Alex Thompson Survey. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: � � Section 19.A., "R-MH" Manufactured Home District, Principal Uses, allows only Single-family manufactured homes. The applicant requested a variance and if approved by the Board would allow a Recreational Park Trailer instead of a Manufactured Home to be placed in a Manufactured Home District as a principal use. Section 19.D.5., "R-MH" Manufactured Home District, Area Regulations, requires a minimum square footage per dwelling unit of 600 square feet. The applicant requested a variance of 160 square feet and if approved by the Board would allow a 440 square foot Recreational Park Trailer. Scott Williams explained that Staff found no special condition existed for the variances requested. Specifically, this was a self imposed hardship. The applicant requested a use which was not permitted in the "R-MH" Zoning District. The applicant moved a non complying Recreational Park Trailer into a Manufactured Home Park. Mr. Williams explained that the permit application specifically stated, "Only state inspected and approved manufactured homes may be placed in parks. No RV's etc. are permitted. A State Inspection placard must be permanently affixed to the manufactured home." Mr. Williams stated that an application for a Manufactured Home Permit was submitted on December 12, 2008, by Ms. Loretta Meason. Upon inspection, it was determined that instead of a Manufactured Home, the applicant had in fact moved in a Recreational Vehicle. Section 19, "R-MH" Manufactured Home District Regulations specifically � allowed only Manufactured Homes, and does not allow RV's as a principal use. This section also required a minimum of 600 square feet in area for the dwelling unit. The applicant's Recreational Park Trailer was only 440 square feet in area. He further stated that there were several reasons why the city ordinances allowed only Manufactured Homes, and not Recreational Park Trailers. Manufactured Homes are closely regulated by the State, and are built and inspected in accordance with State Building Codes. The Texas Department of Housing and Community Affairs required compliance with the Texas Manufacturing Housing Standards, which adopted a rigid building code that was not required for Recreational Park Trailers. RV's however were built in accordance with American National Standards Institute (ANSI) Standard A119.5 for park trailers. This standard was not regulated by the State of Texas, nor was the construction of park trailers inspected for Building Code Compliance by any Governmental Agency. The ANSI Standard was not as stringent as the code for Manufactured Homes. Mr. Williams gave one very critical example of the differences befinreen the ANSI Standard and the Manufactured Housing Code. He stated that the Manufactured Housing Code required a floor to be designed to withstand a minimum 40 Ib/sq ft live load, whereas the ANSI Standard for trailers required only 30; a 25% reduction in structural integrity. With no further questions for Mr. Williams, Tanya McNair, of 2345 North Houston Street Apt. 703, Dallas, Texas representing her mother Ms. Loretta Meason, and brother Mr. .� Randy Meason, took the Oath of Truth and explained to the Board that the park trailer was not deliberately moved in. She stated that they visited the park office and explained 2 �b«�� that it was a 40' x 11' Park Model RV, which was a park model recreational trailer. They were required to be skirted, and could not be hooked onto and moved out like an RV. It was built specifically to stay where it was placed. The park allowed the park trailer and informed her that she would need a city permit. Ms. Loretta Meason obtained the Manufactured Home Permit from the city. Ms. McNair went on to explain her situation regarding permits, fees, inspections and types of construction standards. She stated that they had been denied at several Mobile Home Parks before finding Trailwood. The park trailer had been in a Mobile Home Park in Royce City, Texas, where her brother had lived. She gave several reasons for moving her brother to Grapevine. She stated that she was sole provider for her brother who was blind and a multiple stroke victim who needed care. Also stating that they did not have the finances to relocate the Park Trailer. Ms. McNair requested favorable consideration of her request and offered to answer any questions of the Board. With no questions for Ms. McNair, Mr. Russell Berry, of 1900 Cheshire Drive, Grapevine, Texas, took the Oath of Truth and explained to the Board that he wanted to go on record that he opposed the zoning change to this property. The Board clarified that the Board of Zoning Adjustment did not rezone property, the Board heard cases regarding variances to a zoning. They also, clarified that money was not a hardship that the Board could base a decision on. Chairman Hecht announced that (4) letters of approval, and (3) letters of opposition had been received. � Ms. Meason approached the Board, statin that her a lication had been altered b 9 pP Y Staff. She also stated that the hardship was not the money, but her brother's physical condition and need for care several days a week. She stated that Staff sent her to the Board of Zoning Adjustment and asked who could hear about this type of hardship if they did not. Chairman Hecht stated that the Board could only consider the variance request from the Grapevine Code of Ordinances, that Staff was correct in referring her to the Board of Zoning Adjustment. Chairman Hecht questioned Ms. Meason regarding her statement that Staff had altered her application. She presented the Board a copy of Insurance and a Building Board of Appeals application. Mr. Williams approached the Board and clarified that she was scheduled to appear at the Building Board of Appeals meeting on February 9th if the Board of Zoning Adjustment approved her variance request. Mr. Williams further explained that Staff did not require or review insurance statements. The Building Inspection Department required a Building Permit for a Manufactured Home, which is what was issued. With no further questions for Mr. Williams, 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: � 3 eoa�o a zoM�nai�� a,�o� � Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Discussion was held regarding notification of Manufactured Home Parks to be updated on ordinance requirements. Mr. Williams stated that when the ordinances were written in 1998, all Manufactured Mobile Home Parks were hand delivered a copy. Second notification letters were hand delivered in 1999. All ordinances were readily available on line. Staff must rely on the Manufactured Home Parks to pass on information if management or ownership of the Manufactured Home Parks changes. Richard Adams made a motion that special conditions did not exist with regard to Section 19.A., Manufactured Home District, "Principal Uses", Section 19.D.5., Manufactured Home District, "Area Regulations". 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 BZA09-02, RICHARD PEMBERTON 1319 WORTHINGTON DRIVE �, The next item for the Board of Zoning Adjustment to consider was BZA09-02 submitted by Richard Pemberton, for property located at 1319 Worthington Drive, legally described as Lot 4R, Block 1, Pemberton Estates. Section 15.H, "R-7.5" Single Family District, Buffer Area Regulations, requires a minimum buffer distance of forty-feet (40') whenever an R-7.5 Single Family development is located adjacent to a non-residential district. The applicant requested a variance and if approved by the Board would allow a buffer distance of twenty-five feet (25') adjacent to the west property line. Mr. Stombaugh explained that Staff found a special condition existed for the requested variance. Specifically, the irregular shape of the lot combined with the forty-foot (40') buffer requirement along the west severely compromised the development potential of the lot. In addition, the buffer requirement was established to provide additional separation between non-residential uses and residential uses that were adjacent to each other in an effort to reduce the potential negative effects that commercial property can have on residential property when they were in close proximity to each other. Although the property immediately adjacent to the west is zoned "HC" Highway Commercial District, it was actually developed as a single story, brick residence that was built in 1982. This home, at its closest proximity, was located eight-feet (8') from the common property line with the subject property. � Mr. Stombaugh stated that all standard setback requirements relative to the "R-7.5" Single Family District i.e. front, rear and both side yard setbacks, would be met. The 4 ��„�,�;� � minimum side yard setback requirement in the "R-7.5" Single Family District was six- �,, feet (6'). Most of the encroachment into the buffer area was to accommodate a two (2) car garage. The owner intended to build a finro (2) story home of approximately 2,550 square feet on the subject property. With no further questions for Mr. Stombaugh, the applicant, Richard Pemberton, of 1701 Dunn Street, Grapevine, Texas, took the Oath of Truth; and requested favorable consideration of his request and offered to answer any questions of the Board. Richard Adams asked Mr. Pemberton if this was the last property he had in this development, he stated that it was. With no further questions for Mr. Pemberton, Ms. Beverly Beran, of 215 Lucas Drive, Grapevine, Texas took the Oath of Truth. Ms. Beran explained that her home was the flag lot that backed up to this site, she stated that she made her decision to build on the flag lot based on the current zoning of the surrounding properties, she also stated concerns of property values. She did not understand why the structure could not be built within the required setbacks. Chairman Hecht announced that (1) letter of approval had been received. With no further questions for Ms. Beran, 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 Debbie Holt made a motion that a special condition existed for the requested variance. Specifically, the irregular shape of the lot combined with the forty-foot (40') buffer requirement along the west severely compromised the development potential of the lot. 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 variance to Section 15.H, "R-7.5" Single Family District, Buffer Area Regulations, that a variance of fifteen-feet (15') adjacent to the west property line respectively, allowing a buffer distance of twenty-five feet (25') adjacent to the west property line. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None � Absent: None 5 e�a a za,��ne;� � � MINUTES Next the Board of Zoning Adjustment considered the minutes of the November 3, 2008, Briefing Session and Public Hearing. Ron Cook made a motion to accept the minutes of the November 3, 2008, Briefing Session. Richard Adams seconded the motion. Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None Ron Cook made a motion to accept the minutes of the November 3, 2008, Public Hearing. Richard Adams seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, Adams Nays: None Absent: None ADJOURNMENT With no further discussion, Dennis Luers made a motion to adjourn. Richard Adams � 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 6:58 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 2ND DAY OF MARCH 2O09. APPROVED: . . � , , � . , � c_ - �_ ��`L. . .., __ � a_ .� , CHAIRMA �—'' .�� '1 / �'__J2.-��_�-�F �,� �.��,_� �. SECRETARY � 6 �ab«��,�;��