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HomeMy WebLinkAbout2009-06-01 � AGENDA CITY OF GRAPEVINE BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY EVENING, JUNE 1, 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 June 1, 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) 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 26TH DAY OF MAY 2009 AT 5:00 P.M. . i" �; SrCOTT WILLI MS � D VE�.OPMENT SERVICES DIRECTOR/ BUI ING 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, June 1, 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 Ken White Alternate constituting a quorum. Also present were City Council Representative Roy Stewart and 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 Briefing Session of the Board of Zoning Adjustment to order at approximately 6:07 P.M. ROLL CALL Chairman Hecht held roll call and announced that all were present, except Member Richard Adams, and Alternate, John VanTiL NEW BUSINESS Mr. Triplett briefed the Board of Zoning Adjustment regarding the item scheduled to be heard in the regular public hearing. 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, White Nays: None �, Absent: Adams, VanTil The Briefing Session was adjourned at approximately 6:28 P.M. � PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 6TH DAY OF JULY, 2009. APPROVED: > 2�- � ___-�j CHAIRMAN � � SECRETARY � � 2 Board of Zoning Adjustment 6!1/2009 AGENDA � CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, JUNE 1, 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 BZA09-04, submitted by John Van Til, for property located at 709 East Texas Street, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA09-05, submitted by Dan Peterson, for property located at 2031 Harwell Street, and consideration of same. �,r IV. MINUTES Board of Zoning Adjustment to consider the minutes of the March 2, 2009 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 26TH DAY OF MAY 2009 AT 5:00 P. . f SC TT LLIAMS � DEV O MENT SERVICES DIRECTOR/ BUILDI 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, June 1, 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 Ken White Alternate constituting a quorum. Also present were City Council Representative Roy Stewart 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 6:30 P.M. ROLL CALL Chairman Hecht held rolf call and announced that all were present, except Member, Richard Adams, and Alternate, John VanTil. NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA09-04, JOHN VAN TIL, 709 EAST TEXAS STREET The first item for the Board of Zoning Adjustment to consider was BZA09-04 submitted by John Van Til, for property located at 709 East Texas Street, legally described as Lot 10, Block 105, College Heights Addition. 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 and if approved by the Board would allow a lot size of 7,000 square feet for an existing lot. Section 15.G.1., "R-7.5" Single Family District, Area Regulations requires a �, minimum front yard setback of 30-feet. The applicant requested a variance and if approved by the Board would allow a front yard setback of finrenty-five� feet (25') 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 and if approved by the Board would allow a lot width of 50-feet for an existing lot. Mr. Triplett explained that Staff found a special condition existed for the requested variances. Specifically, the College Heights Addition was originally platted in 1907, predating the City's first zoning ordinance. Platted and developed lots existed adjacent to the subject site, eliminating the possibility to expand the site. Also the placement of the structure in the position shown on the site plan maintained alignment and setbacks with the structures of the properties immediately adjacent to the east and west given their close proximity to each other and provided a uniform appearance along this portion of East Texas Street. Mr. Tiplett stated that the owner intended to build a two-story, single family residence of approximately 3,645 square feet on the subject property. With no questions for Mr. Triplett, Robert Van Til of 1060 Thousand Oaks Court, Southlake, Texas, representing son John Van Til, took the Oath of Truth; and requested favorable consideration of his request and offered to answer any questions of the Board. With no questions for Mr. Van Til, 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, White Nays: None Absent: Adams, VanTil Debbie Holt made a motion that a special condition existed for the requested variances. Specifically, the College Heights Addition was originally platted in 1907, predating the City's first zoning ordinance. Platted and developed lots existed adjacent to the subject site, eliminating the possibility to expand the site. Also the placement of the structure in the position shown on the site plan maintained alignment and setbacks with the structures of the properties immediately adjacent to the east and west given their close proximity to each other and provided a uniform appearance along this portion of East Texas Street. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, White Nays: None Absent: Adams, VanTil 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 15.G.1., allowing a front yard setback of 25-feet. "R-7.5" Single Family District, Area Regulations: Section 16.G.4., allowing a minimum lot width of 50-feet for an existing lot. Richard Adams seconded the motion which prevailed by the following vote: 2 Board of Zoning Ad�i On9 � Ayes: Hecht, Luers, Cook, Holt, White Nays: None Absent: Adams, VanTil BOARD OF ZONING ADJUSTMENT CASE BZA09-05, DAN PETERSON, 2031 HARWELL STREET The next item for the Board of Zoning Adjustment to consider was BZA09-05 submitted by Dan Peterson, for property located at 2031 Harwell Street, legally described as Lot 2, Block 1, Pecan Gap Addition. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 15.G.2., "R-7.5" Single Family District, Area Regulations requires a minimum rear yard setback of 25-feet. The applicant requested a variance of five-feet (5') and if approved by the Board would allow a rear yard setback of 20-feet for the existing structure. Section 15.G.3., "R-7.5" Single Family District, Area Regulations requires a minimum side yard setback of six-feet (6'). The applicant requested a variance of two-feet (2') and if approved by the Board would allow a side yard setback of four-feet (4') along the south property line for the existing structure. � Mr. Triplett explained that Staff found no special condition existed for the variances requested. Specifically, this was a self imposed hardship. The encroachments are the result of building additions performed without permits or inspections. Mr. Triplett stated that the application was submitted by Dan Peterson of Greater Dream Builders Two, representing the property owner Fazel Rahmani of One Tel Communication. The applicant had recently requested an interior remodel permit and was subsequently denied the permit due to the discovery that other work had been perFormed without the benefit of approved permits. With no questions for Mr. Triplett, Dan Peterson of 1708 Rockcreek Court, Flower Mound, Texas, representing Fazel Rahmani of One Tel Communication, took the Oath of Truth; he explained to the Board the problems he had encountered with the property, such as the lack of permits and inspections by the previous owner, and the side yard setback issue of seven-inches (7") on the left side of the property. He came to the city and obtained a demolition permit, gutted the house, and part of the addition, before he encountered the dilemma with the property. He had learned that the home had sat for two (2) years without permits or inspections and was pretty much completed. He went on to explain he was trying to do all he could to rectify the issues he had encountered about the property. He had his architect obtain all the designs, blueprints and engineering on the property. The property had totally been rewired, new plumbing, new air conditioning and duct work. He stated that all rough-in inspections, with the � exception of the addition that was in question had passed inspection. He expected to be completed with the project within the next two (2) weeks, and there were also potential buyers for the property. He requested favorable consideration of his request and offered to answer any questions of the Board. 3 Board of Zoning Ad�1%009 � Debbie Holt asked Mr. Peterson for clarification regarding the foreclosure, new property owner, Survey and Title Policy. Mr. Peterson stated that the property was a foreclosure and the mortgage was assumed by a secondary mortgage company, he stated that he had visited with the previous mortgage company regarding the addition. He was unaware of the legalities regarding Survey and Title Policy. Ms. Holt inquired how he found out that no permits had been issued on this property. He stated that neighbors had spoken with him about the property, and that he also had realized that the addition was close to the property line. He came to the permit office and was given direction on what needed to be done. He had his architect draw up a set of plans and submitted them to the city. Dennis Luers stated that the property owner was not present to help clear up issues with the Survey and Title Policy and had concerns regarding the differences of dates on the current survey. Mr. Peterson stated that the survey that was submitted was one that his company had done, and had no knowledge of one prior to the addition. Discussion was held regarding the Survey and Title Policy, and clarification of the dates on the Survey. Ron Cook asked if the original house had been within the setback, Mr. Peterson stated that it had been. With no further questions for Mr. Peterson, Rhoda Savage, of 4231 Rawlins Street Apt. 24, Dallas, Texas, took the Oath of Truth; and explained to the Board that she owned � the property at 2316 Kimball Road that was located directly behind the property in question. She stated her concerns for denying the variances requested. Carl Hecht announced that there was a petition turned in with three (3) signatures of approval. He inquired as to whether or not they all lived within the legal boundaries of those who were entitled to approve or protest.`Staff determined that they were. The applicant, Dan Peterson responded to Mr. Hecht's question. He stated that they were all adjoining neighbors one family was present that had signed the document; another family was present that had not signed the document, but had stated they were tired of the construction. Discussion was held regarding why the normal documents of approval or denial were not turned in. With no questions for Mr. Peterson, Charles Mann of 2029 Harwell Street, Grapevine, Texas, took the Oath of Truth; and explained to the Board that he owned the property immediately to the south. He stated that this construction had been going on for at least six (6) years, constant building, demolishing, remodeling, and piles of construction supplies. Mr. Mann stated that the addition was really close to his property and very unsightly. He stated his concerns for denying the variances requested. Dennis Luers asked Staff questions regarding how long a property could remain vacant � and what it took to have a property condemned. Ron Stombaugh responded to the . Board. � Board of Zoning Adjustment 4 s�vzoos � With no further questions for Staff, Ray Daniel, of 2968 Chris Lane, Grapevine, Texas, Texas, took the Oath of Truth; and explained to the Board that he owned the property immediately to the north. He stated that they signed the document primarily because they did not want to see the property remain vacant for years. He voiced concern about high grass, vandalism and property values. He stated that it was his understanding that the investor would not pay to have any demolition work completed and he was concerned that it would remain empty. Mr. Stombaugh responded that he could not state that there was legal foundation that stated the new owners would be forced to demolish the addition, however, stated that a final inspection approval would be required before anyone was allowed to move into the home. If the variances were denied the addition would have to be demolished or modified to meet the setback requirements. Discussion was held regarding the downsizing of the addition. Mr. Daniel stated that if the city would not force them to demolish the addition, he elected to vote for the approval of the variances requested because it would be better to have it occupied than vacant. With no further questions for Mr. Triplett, and no additional speakers, Dennis Luers made a motion to close the public hearing. Debbie Holt seconded the motion which prevailed by the following vote: �,r Ayes: Hecht, Luers, Cook, Holt, White Nays: None Absent: Adams, VanTil Dennis Luers made a motion that special conditions did not exist with regard to Section Section 15.G.2., "R-7.5" Single Family District, "Area Regulations", Section 15.G.3., "R- 7.5" Single Family District, "Area Regulations". Ron Cook seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, White Nays: None Absent: Adams, VanTil MINUTES Next the Board of Zoning Adjustment considered the minutes of the March 2, 2009, Briefing Session and Public Hearing. Ron Cook made a motion to accept the minutes of the March 2, 2009, Briefing Session, with an amendment to the Roll Call section by adding the phrase "present, exce t". Ken White seconded the motion which prevailed by the following vote: �,, Ayes: Hecht, Luers, Cook, Holt, White Nays: None � � Absent: Adams, VanTil 5 Board of Zoning Adj�u'�09 � Ron Cook made a motion to accept the minutes of the March 2, 2009, Public Hearing, with an amendment to the Roll Call section by adding the phrase "present, exce t". Ken White seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Holt, White Nays: None Absent: Adams, VanTil 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, White Nays: None Absent: Adams, VanTil The meeting was adjourned at approximately 7:10 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 6TH DAY OF JULY, 2009. � APPROVED: .��.� � _ �-� CHAIRMAN � � SECRETARY � Board of Zoning Adjustment 6 s�,�oo9