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Home My WebLink About2011-08-29 � AGENDA CITY OF GRAPEVINE BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY EVENING, AUGUST 29, 2011 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. BRIEFING SESSION A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the August 29, 2011 public hearing. � B. 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 23RD DAY OF AUGUST 2011 AT 5:00 P.M. �� RON ST MBAU H PLANNING AND DEVELOPMENT MANAGER � AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING �,, MONDAY EVENING, AUGUST 29, 2011 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. PUBLIC HEARING A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA11-06, submitted by Joji Sauer, for property located at 1720 Sagebrush Trail, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA11-12, submitted by F.C. LeVrier, for property located at 204 East Worth Street, and consideration of same. � IV. MINUTES Board of Zoning Adjustment to consider the minutes of the August 1, 2011 meeting and take any necessary action. 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 AUGUST 2011 AT 5:00 P.M. S T WILLIAMS �, DE L PMENT SERVICES DIRECTOR/ BUILD G OFFICIAL � STATE OF TEXAS COUNTY C7F TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, Rugust 29, 2011 at 6:4Q P.M. in the Planning and Zoning Conference Room, 2"d Floor, 200 South Main Street, Grapevine, Texas, for a Briefing Sessian wi#h the following members present to wit: Debbie Holt Ghairman Richard Adams Vice-Chairman Ron Cook Secretary Ken White Member Roberk Rainwater Alternate constituting a quorum. Also present were Ci#y Cauncil Representative Roy Stewart, City Attorney, Matthew Boyle, and the following City Staff: Ron Stombaugh Planning and Development Manager Albert Triplett Planner II Connie Cook Development 5ervices Assistant CALL TO ORDER � Chairman Debbie Holt called the Briefing Session af the Board of Zoning Adjustment to order at approximately 6:04 P.M. RQ�.� CA�L Chairman Holt held ro11 call and announced that all were present. NEW BUSINESS Mr. �tombaugh, briefed the Baard of Zoning Adjustment regarding the items scheduled ta be heard in the regular public hearing. RECESS BRIEFING SESSION With no further discussion, the Briefing Sessian recessed to the Council Chambers to canduct Public Hearing, at approximateEy 6:14 P.M. RECC}NVENE BRIEFING SESSION Briefing session reconvened at approximately 6:45 P.M. City Attorney; Matthew Boyle conducted a briefing on the legal aspects of the Board of Zoning Adjustment. Mr. Boyle � explained #he purpose, importance and composition af the Baard. APPROVED: � CHA M N _ SE ETARY � � Bpard of Zonin9 Adjustment � 8129111 STATE OF TEXAS COUNTY C}F TARRANT � CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session, Monday evening, Augus# 29, 2011, at fi:15 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Debbie Holt Chairman Richard Adams Vice-Chairman Ron Cook Secretary Ken White Member Robert Rainwater Alternate constituting a quorum. Alsa present were City Council Representative Roy Stewart, City Attorney, MattMew Boyle, and the following City Staff: Ran Stombaugh Planning and Development Manager Albert Triplett Planner II Connie Caok Develapment Services Assistant CALL TO 4RDER Chairman Debbie Holt called the Public Hearing Session af the Board of Zoning � Adjustment to order at approximately 6:00 P.M. ROLL CALL Ghairman Holt held rall call and annaunced that all were present. PUBLIC HEARING BOARD OF ZONING ADJUSTMENT CASE BZA11-06. JOJI SAUER, 172Q SAGEBRUSH TRAlL The first item for the Board of Zoning Adjustment to consider was BZA11-06 submitted by Joji Sauer for property located at 172C1 Sagebrush Trail, legally described as Lot 9, Block 1, Hood Ridge Estates. Sectian 42.C.3, Supplementary District Regulations, Accessory Buildings requires accessory buildings in a residentia! district be located on the rear one- half of the lot and at least 10-feet from any dwelling or building. The applicant requested a special exception allowing construction of a detached accessory structure to be used as a garage to be located in the front one-half of the lot. Mr, Stombaugh explained that Staff found a special condition existed for the requested �, speeial exception. Specifically, placement of a detached garage in the rear yard was impractical because of the location af the dwelling, the existence of a swimming pool in the rear yard, and the lot was not a typical cul-de-sac configured lot. Mr. S#ombaugh went on to explain that Staff requested the Board reconsider and approve a special exception #hat had previously been heard and ruled upon at the � August 1, 2011 meeting. He stated that after testimony from neighbor, Mr. Bennett of 21 Q2 Sagebrush Trail, the Board impased an additional condition on the site plan that required the detached garage to be an additional twenty seven feet (27') from the west property line and ta meet all other required setbacks. Mr. S#ombaugh stated tha# since the Public Hearing of August 1, 2011, and after discussion with the applicant and confirmation from Mr. Bennett, Staff had concluded that the site plan which had been presented to the Board showed the garage in the location agreed upon by the applicant and Mr. Bennett. Mr. Bennett had no desire to see the garage relocated an additional twelve feet {12'}. Mr. Stombaugh requested #he Board reconsider their previous ruling and approve the accessory structure as shown on the plot plan dtae to the misunderstanding. With na questions for ItJir. Stombaugh, Greg Lee, representing property owner Joji Sauer of 2433 FM Road 917, Mansfield, Texas took the Oath of Truth. He stated he was helping the family construct the garage, and offered #o answer any questians of the Board and requested favorable consideration af his request. With no questians far Mr. Stambaugh, and no additional speakers, Richard Adams made a motion to close the public hearing. Ken White seconded the motion which prevailed by the following vote: � Ayes: Halt, Adams, Coak, White, Rainwater Nays: None Absent: None Richard Adams made a motion that a special condition existed for the requested special exception. Spacifically, placement of a detached garage in #he rear yard was impractical because af the location of the dwelling, the existence of a swimming pool in the rear yard, and the lot was not a typical cul-de-sac canfigured lat. Robert Rainwater seconded the motion which prevailed by the following vote: Ayes: Holt, Adams, Cook, White, Rainwater Nays: None Absent: Nane Richard Adams then made a motion to grant the following special exception to Section 42.�.3., Supplementary District Regulations, Accessory Buildings, aflowing construction of a detached accessory structure to be used as a garage to be located in the front one- half of the lot as shown on the plot plan. Ron Cook seconded the motion which prevailed by#he following vote: Ayes: Holt, Adams, Cook, White, Rainwater Nays: None Absent: Nane � 2 Board of Zoning Adjustment 8�29�„ BOARD OF ZONING ADJUSTMENT CASE BZA11-12, F.C. LEVRIER, 204 EAST WORTH STREET �rr► The next item for the Board of Zoning Adjustment to consider was BZA11-12 submitted by F.C. LeVrier for property located at 204 East Worth Street proposed to be platted as Lot 3R, Block 32 City of Grapevine Addition. 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 allowing the existing residential structure to remain as developed as shown on the plot plan. Mr. Stombaugh explained that Staff found a special condition existed for the requested special exception. Specifically, the site was an existing developed lot, and the existing residential structure was constructed in 1918 prior to the adoption of the City's first zoning ordinance in 1955. The proposed site was noncompliant with the current zoning ordinance relative to the front yard setback and the west and south buffer for the existing dwelling. Mr. Stombaugh went on to state that the subject site was a proposed parking lot expansion for Esparza's Restaurant relative to outside dining, and was currently being replatted and rezoned from "R-7.5" Single Family District to "CBD" Central Business District. Staff was requesting the Board consider this request relative to the Planning � and Zoning Commission and City Council's action of August 16, 2011 with regards to the conditional use permit, site plan and plat for Esparza's Restaurant. He explained to the Board that a replat of the entire site was necessary to accommodate the proposed parking lot expansion. The existing covered porch as well as the dwelling encroached, approximately eight-feet and three-feet respectively into the required 30-foot front yard, and the west and south portions of the dwelling encroached approximately 30-feet and 15-feet respectively into the required buffer. With no questions for Mr. Stombaugh, the applicant, Mr. F. C. LeVrier with Sun Coast Architects of 1725 East Southlake Boulevard, Southlake, Texas, representing Esparza's Restaurant, 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. LeVrier, Doris Bateman of 422 Smith Street, Grapevine, Texas, took the Oath of Truth; and expressed her concerns about the additional parking expansion being public parking and should not result in allowing Esparza's to increase their seating capacity. She stated her concerns about the Downtown Grapevine area in regards to parking, drainage, traffic congestion, and rules being disregarded. She blamed City Council and the Planning and Zoning Commission for the problems that Downtown Grapevine was experiencing. Ms. Holt asked Ms. Bateman if she realized that the Board of Zoning Adjustment could not address some of the issues she had mentioned. She stated yes. � Board of Zoning Adjustment 3 a�29�„ With no further questions for Ms. Bateman, and no additional speakers, Richard Adams made a motion to close the public hearing. Robert Rainwater seconded the motion � which prevailed by the following vote: Ayes: Holt, Adams, Cook, White, Rainwater Nays: None Absent: None Chairman Holt announced that two (2) letters of approval had been received, along with (1) opposition letter from Ms. Bateman. Richard Adams made a motion that a special condition existed for the requested special exception. Specifically, the site was an existing developed lot, and the existing residential structure was constructed in 1918 prior to the adoption of the City's first zoning ordinance in 1955. The proposed site was noncompliant with the current zoning ordinance relative to the front yard setback and the west and south buffer for the existing dwelling. Robert Rainwater seconded the motion which prevailed by the following vote: Ayes: Holt, Adams, Cook, White, Rainwater Nays: None Absent: None Richard Adams then made a motion to grant the following special exception to Section � 43.E.3., Nonconforming Uses and Structures allowing the existing residential structure to remain as developed as shown on the plot plan. Ken White seconded the motion which prevailed by the following vote: Ayes: Holt, Adams, Cook, White, Rainwater Nays: None Absent: None MINUTES There were no Minutes to be considered from the August 1, 2011, Briefing Session and Public Hearing. ADJOURNMENT With no further discussion, Ron Cook made a motion to adjourn. Robert Rainwater seconded the motion, which prevailed by the following vote: Ayes: Holt, Adams, Cook, White, Rainwater Nays: None Absent: None The meeting was adjourned at approximately 6:30 P.M. � PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 5TH DAY OF DECEMBER, 2011. Board of Zoning Adjustment 4 �29�„ ADJOURNMENT � With no further discussion, Ron Cook made a motion to adjourn. Robert Rainwater seconded the motion which prevailed by the following vote: Ayes: Holt, Cook, White, Rainwater Nays: None Absent: Adams The Briefing Session was adjourned at approximately 7:45 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 5TH DAY OF DECEMBER, 2011. APPROVED: CH IR AN � � SE RETARY � Board oi Zortinp Atljustmerrt � 2 8/29I2011