Loading...
HomeMy WebLinkAbout2013-08-05 � AGENDA CITY OF GRAPEVINE BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY EVENING, AUGUST 5, 2013 AT 6:00 P.M. PLANNING AND ZONING CONFERENCE ROOM SECOND FLOOR— CITY HALL 200 SOUTH MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER 11. ROLL CALL 111. BRIEFING SESSION A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the August 5, 2013 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 29TH DAY OF JULY 2013 AT 5:00 P.M. COT WILLIAMS EVE PMENT SERVICES DIRECTOR/ B NG OFFICIAL � � AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, AUGUST 5, 2013 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. PUBLIC HEARING A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA13-08, submitted by Tony � Dierolf, for property located at 205 South Dooley Street, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA13-09, submitted by Joanna L. Pearson & David H. Herrington, for property located at 306 Austin Street, and consideration of same. C. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA13-10, submitted by Neal Cooper, for property located at 511 East Franklin Street, and consideration of same. VI. MINUTES Board of Zoning Adjustment to consider the minutes of the June 3, 2013 meeting and take any necessary action. 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 29TH DAY OF JULY 2013 AT 5:00 P.M. , --�\ S OTT WILLIAMS D VELOPMENT SERVICES DIRECTOR / ILDING 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, August 5, 2013 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: Debbie Holt Chairman Robert Rainwater Secretary Ken White Member George Dalton Member Salvatore DeAngelo 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 Debbie Holt called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:00 P.M. ROLL CALL Chairman Holt held roll call and announced that all were present. NEW BUSINESS Mr. Triplett briefed the Board of Zoning Adjustment regarding the items scheduled to be heard in the regular public hearing. ADJOURNMENT With no further discussion, Sal DeAngelo made a motion to adjourn. George Dalton seconded the motion which prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None Absent: None � The Briefing Session was adjourned at approximately 6:17 P.M. � PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 26TH DAY OF AUGUST, 2013. APPROVED: �,/v CHAIRMAN � SECRETARY � � 2 Board of Zoning Adjustment 8/5/13 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, August 5, 2013 at 6:15 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Debbie Holt Chairman Robert Rainwater Secretary Ken White Member George Dalton Member Salvatore DeAngelo 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 Debbie Holt called the Public Hearing Session of the Board of Zoning � Adjustment to order at approximately 6:19 P.M. ROLL CALL Chairman Holt held roll call and announced that all were present. OATH OF OFFICE Connie Cook administered the Oath of Office to reappointed Alternate Sal DeAngelo. ELECTION OF OFFICERS For office of Chairman, Robert Rainwater re-nominated Debbie Holt. Ken White seconded the motion which prevailed by the following vote: Ayes: Rainwater, White, Dalton, DeAngelo Nays: None Abstain: Holt Debbie Holt was re-elected as Chairman. For office of Vice-Chairman, Sal DeAngelo nominated Robert Rainwater. George Dalton seconded the motion which prevailed by the following vote: � Ayes: Hoit, White, Dalton, DeAngelo Nays: None � Abstain: Rainwater Robert Rainwater was elected as Vice-Chairman. For office of Secretary, Robert Rainwater nominated Ken White. George Dalton seconded the motion which prevailed by the following vote: Ayes: Holt, Rainwater, Dalton, DeAngelo Nays: None Abstain: White Ken White was elected as Secretary. PUBLIC HEARING BOARD OF ZONING ADJUSTMENT CASE BZA13-08, TONY DIEROLF, 205 SOUTH DOOLEY STREET The first item for the Board of Zoning Adjustment to consider was BZA13-08 submitted by Tony Dierolf, for property located at 205 South Dooley Street, legally described as Lots 1 & 2, Block 100, College Heights Addition. � Mr. Triplett explained that Staff was recommending BZA13-08 be Tabled until the August 26, 2013 Board of Zoning Adjustment meeting, allowing the applicant time to revise the site plan and building plans. With no questions for Mr. Triplett, and no additional speakers, Sal DeAngelo made a motion to Table BZA13-08. Robert Rainwater seconded the motion which prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None Abstain: None BOARD OF ZONING ADJUSTMENT CASE BZA13-09, DAVID HERRINGTON & JOANN PEARSON, 306 AUSTIN STREET The next item for the Board of Zoning Adjustment to consider was BZA13-09 submitted by David Herrington and Joann Pearson for property located at 306 Austin Street, legally described Lots 7 & 8 Block 106, College Heights 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 and accessory structures to remain as developed and an expansion to an �, existing accessory structure (studio) to be constructed as shown on the plot plan. 2 Board of Zoning ACjustmeM 8/5/2013 Mr. Triplett explained that Staff did not find a special condition existed for the requested special exception. Specifically, the proposed encroachment would be the result of a � self-imposed hardship and would increase the level of nonconformance to the subject site. Mr. Triplett explained that if the Board denied the request that Staff recommended the Board approve a special exception allowing the existing dwelling, carport and studio to remain as developed as shown on the plot plan. He stated that the residential structure was constructed in 1905. The studio and carport existed when the dwelling was purchased over 20 years ago. He explained that the applicant was proposing to expand the existing studio by 301 square feet and that the Historic Preservation Commission on June 26, 2013 approved a Certificate of Appropriateness for the proposed studio expansion. With no questions for Mr. Triplett, applicant David Herrington, of 306 Austin Street, Grapevine, Texas, took the Oath of Truth; he gave a brief presentation to the Board and requested favorable consideration of his request and offered to answer any questions of the Board. Chairman Holt announced that no letters of approval or opposition had been received. With no questions for Mr. Herrington and no additional speakers, Robert Rainwater made a motion to close the public hearing. Ken White seconded the motion which � prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None Absent: None Debbie Holt stated that in past cases the Board had made Special Exceptions for structures already constructed, if the Board approved the variances requested in this case, the existing studio would become subject to the six-foot (6') rear yard setback. She stated that she did not understand how this increased the non-conformity. Ron Stombaugh stated that even though the Board granted Special Exceptions allowing the separation as it was constructed did not mean that it could be exacerbated. If the Board allowed the non-conformity relative to the reduced separation, it did not mean that we move forward with that logic and continue relative to new construction. The Board could choose to go that direction, but Staff could not. Robert Rainwater stated the new structure did not exacerbate the existing variance of the reduced separation, but created a new non-conforming condition. He stated that it was an encroachment into the rear separation. Debbie Holt stated it was not an encroachment into the rear separation; it was a detached building that would be allowed to have a six-foot (6') setback off the rear �, property line. 3 �e,�ofZ�;,��;��meM 8!5/2073 Ron Stombaugh stated that Staff was not making the same interpretation. � Debbie Holt asked what the setback would be if a new detached garage was being constructed in an R-7.5 zoning. Ron Stombaugh stated ten-feet (10'), for the garage separation and a six-foot (6') rear setback. George Dalton stated that the existing studio was non-conforming because it was not ten-feet (10') from the house, if the Board approved the variance requested it would no longer be the building the Board approved if they added on to it. Sal DeAngelo asked if this had been an extension of the garage itself, would that had made a difference. Ron Stombaugh, stated, yes, the fact that this was a new structure butted up against the existing studio did not make any difference; if they extended or enlarged the existing structure we would be having the same conversation. George Dalton stated that if the proposed addition was constructed in the side yard it would still be a non-conforming use. Debbie Holt asked if the existing studio was in compliance with the ten-foot (10') separation, would the addition be allowed. Ron Stombaugh stated, if there were a ten-foot (10') separation, we would only be talking about the existing non-conforming situation, which Staff would recommend approval for. �, Ken White made a motion that a special condition existed for the requested special exception. Specifically, the lot was part of the College Heights Addition, the existing dwelling was built in 1905 predating the City's first zoning ordinance adopted in 1955, and the proposed addition would not exacerbate the level of nonconformity. Robert Rainwater seconded the motion which prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None Absent: None Ken White then made a motion to grant the following special exception to "R-7.5" Single Family District, Density Requirements: Section 43.E.3., Nonconforming Uses and Structures allowing the existing residential structure and accessory structures to remain as developed and an expansion to an existing accessory structure (studio) to be constructed as shown on the plot plan. Sal DeAngelo seconded the motion which prevailed by the following vote: Ayes: Holt, White, Dalton, DeAngelo Nays: Rainwater Absent: None BOARD OF ZONING ADJUSTMENT CASE BZA13-10. NEAL COOPER, 511 EAST �, FRANKLIN STREET 4 e�b a�ZO����;�mem &SQ013 The first item for the Board of Zoning Adjustment to consider was BZA13-010 submitted by Neal Cooper representing property owner Colin McDermott for property located at � 511 East Franklin Street, legally described as Lot 3, Block 112, College Heights Addition. Section 15.F.2., "R-7.5" Single Family District, Density Requirements, requires a minimum lot area of 7,500 square feet. The applicant requested a variance allowing a lot area 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 sixty-five (65') feet. The applicant requested a variance allowing a lot width of fifty (50') feet for an existing lot. Mr. Triplett explained that a special condition existed for the variances requested. Specifically, the lot was part of the College Heights addition, originally platted in 1909 predating the City's first zoning ordinance adopted in 1955. Developed property to the north, east, west and right-of-way to the south preclude the possibility of expanding the site to meet the area and width requirements. He went on to explain that the applicant intended to construct a new 2,646 square foot, 1 1/2 story dwelling with a detached garage on the subject site. He further stated that the Historic Preservation Commission on May 22, 2013 approved a Certificate of Appropriateness for the new house and detached garage on the subject site. � With no questions for Mr. Triplett, applicant Neal Cooper, of 613 East Texas Street, Grapevine, Texas, representing property owner Colin McDermott, 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. Cooper, Ms. Beverly Kennedy of 209 Shadow Lane, Euless, Texas, took the Oath of Truth; she gave a brief presentation expressing her concerns to the Board. Ms. Holt explained the Board's purpose to Ms. Kennedy. Chairman Holt announced that one letter of opposition had been received. With no questions for Ms. Kennedy and no additional speakers, Robert Rainwater made a motion to close the public hearing. George Dalton seconded the motion which prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None Absent: None George Dalton made a motion that a special condition existed for the requested variances. Specifically, the lot was part of the College Heights addition, originally platted in 1909 predating the City's first zoning ordinance adopted in 1955. Developed property to the north, east, west and right-of-way to the south preclude the possibility of � expanding the site to meet the area and width requirements. Robert Rainwater seconded the motion which prevailed by the following vote: 5 �e�o,Zo�,�,�;�,eM &SI2073 Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None � Absent: None George Dalton then made a motion to grant the following variances to "R-7.5" Single Family District, Density Requirements: Section 15.F.2., allowing a lot area of 7,000 square feet for an existing lot; and a motion with regard to "R-7.5" Single Family District, Area Regulations: Section 15.G.4., allowing a lot width of 50-feet for an existing lot. Sal DeAngelo seconded the motion which prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None Absent: None MINUTES Next the Board of Zoning Adjustment considered the minutes of the June 3, 2013, Briefing Session and Public Hearing. Robert Rainwater made a motion to accept the minutes of the June 3, 2013, Briefing Session. Sal DeAngelo seconded the motion which prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None � Absent: None Ken White made a motion to accept the minutes of the June 3, 2013, Public Hearing. Robert Rainwater seconded the motion which prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None Absent: None ADJOURNMENT With no further discussion, Sal DeAngelo made a motion to adjourn. George Dalton seconded the motion, which prevailed by the following vote: Ayes: Holt, Rainwater, White, Dalton, DeAngelo Nays: None Absent: None The meeting was adjourned at approximately 7:08 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 26TH DAY OF AUGUST, 2013. � APPROVED: 6 �eb o�Zo���,�;�meM BI5I2013 � � CHA MAN � SECRE ARY � � 7 Boab ot Zonirg qCjustmeM &5l2413