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HomeMy WebLinkAbout2016-04-04 Regular MeetingAGENDA CITY OF GRAPEVINE BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY, APRIL 4, 2016 AT 6:00 P.M. PLANNING AND ZONING CONFERENCE ROOM SECOND FLOOR — CITY HALL 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 76051 CALL TO ORDER BRIEFING SESSION A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the April 4, 2016 public hearing. III. 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 MARCH 2016 AT 5:00 P.M. RON STOMBAUGH DEVELOPMENT SERVICES ASSISTANT DIRECTOR AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, APRIL 4, 2016 AT 6:15 P.M. CITY HALL COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS CALL TO ORDER ROLL CALL III. PUBLIC HEARING A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA16 -07, submitted by Gary Pearson, for property located at 316 Turner Road and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA16 -08, submitted by Gary Pearson, for property located at 318 Turner Road and consideration of same. IV. MINUTES Board of Zoning Adjustment to consider the minutes of the March 7, 2016 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 MARCH 2016 AT 5:00 P.M. RON STOMBAUGH DEVELOPMENT SERVICES ASSISTANT DIRECTOR STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, April 4, 2016 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 Ken White Secretary George Dalton Member Mike Morris Member Tracey Dierolf Alternate constituting a quorum with Vice - Chairman Robert Rainwater absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Ron Stombaugh Development Services Assistant Director Albert Triplett Planner II Connie Cook Development Services Assistant CALL TO ORDER Chairman Holt called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:00 P.M. NEW BUSINESS 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, George Dalton made a motion to adjourn. Mike Morris seconded the motion which prevailed by the following vote: Ayes: Holt, White, Dalton, Morris, Dierolf Nays: None Absent: Rainwater The Briefing Session was adjourned at approximately 6:18 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 2ND DAY OF MAY 2016. SECRETARY" APPROVED: Board of Zoning Adjustment 04/04/16 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, April 4, 2016 at 6:15 P.M., in the Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas with the following members present: Debbie Holt Chairman Ken White Secretary George Dalton Member Mike Morris Member Tracey Dierolf Alternate constituting a quorum with Vice - Chairman Robert Rainwater absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Ron Stombaugh Development Services Assistant Director Albert Triplett Planner II Connie Cook Development Services Assistant CALL TO ORDER Chairman Holt called the Public Hearing Session of the Board of Zoning Adjustment to order at approximately 6:20 P.M. PUBLIC HEARING BOARD OF ZONING ADJUSTMENT CASE BZA16 -07. GARY PEARSON. 316 TURNER ROAD The first item for the Board of Zoning Adjustment to consider was BZA16 -07 submitted by Gary Pearson for property located at 316 Turner Road, proposed to be platted as Lot 1, Block 1, Pearson Addition. Section 161.2, "R -5.0" Zero - Lot -Line District, Density Requirements, requires a minimum lot size of 5,000 square feet. The applicant requested a variance of 600 - feet, allowing a lot size of 4,400 square 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 of eighteen (18') feet, allowing a lot depth of 82 -feet. Mr. Stombaugh explained that Staff found no special conditions existed for the requested variances. Although currently unplatted, tax records indicated the property had been improperly subdivided by deed and not by plat. The improper subdivision of the property if allowed to develop, would result in the subject property as well as the property to the south becoming nonconforming relative to the "R -5.0" Zero Lot Line District standards. Mr. Stombaugh further stated that despite the efforts of the applicant to mitigate the level of nonconformity of the two proposed lots, variances were still required which were self- imposed. With no questions for Mr. Stambaugh, Gary Pearson, representing property owner Rosemary Alexander of 4105 Rocky Bend Court, Corinth, Texas, took the Oath of Truth; he explained to the Board the history of the property. He stated that the property had been two tracts of land since 1963 by deed. He requested favorable consideration of the request and offered to answer any questions of the Board. With no questions for Mr. Pearson, property owner Rosemary Alexander of 4602 Branchview Court, Arlington, Texas, took the Oath of Truth; she gave a brief presentation and requested favorable consideration of the request and offered to answer any questions of the Board. With no questions for Ms. Alexander, Ms. Evelyn Chivers representing property owner Nona Chivers of 12237 Big Rock Drive, Rhome, Texas. She explained that she was power of attorney for her mother Nona Chivers and was there on her mother's behalf. She stated that Habitat for Humanity rebuilt the house in 2003 and thought the property was conforming to current codes. Ms. Chivers stated that she was confused regarding flag lot and platting and requested clarification. She explained that access to the property had always been from Turner Road and was concerned that access would be cut off. Mr. Stombaugh addressed Ms. Chivers concerns. Ken White asked Ms. Chivers if her mother still lived at this address, she stated that she did. George Dalton asked if her mother owned the vacant property to the east, she stated that she did not. Debbie Holt asked Ms. Chivers if her mother was aware that someone else owned the front lot. She stated, that all her life she had been told that her father owned the property and that in 2003 Habitat for Humanity also stated that all the property belonged to Herman Chivers. Ron Stombaugh explained to the Board that the home at 318 Turner Road had caught fire in 1999, and was damaged beyond 60 percent. Property owners were required to come before the Board of Zoning Adjustment due to a Multi - Family zoning designation on the property. A special exception was granted to reconstruct the residence. With no further questions for Ms. Chivers and no additional speakers, Ken White made a motion to close the public hearing. Tracey Dierolf seconded the motion which prevailed by the following vote: Ayes: Holt, White, Dalton, Morris, Dierolf Nays: None Absent: Rainwater Ken White made a motion that no special condition existed for the requested variances George Dalton seconded the motion which prevailed by the following vote: 2 BoeN or zoning AdjM.em W/OW016 Ayes: Holt, White, Dalton, Morris, Dierolf Nays: None Absent: Rainwater The next item for the Board of Zoning Adjustment to consider was BZA16 -08 submitted by Gary Pearson for property located at 318 Turner Road, proposed to be platted as Lot 2, Block 1, Pearson 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 along with an expansion as shown on the plot plan. Section 12, "Definitions" #222, Lot, Flag, prohibits a flag lot from being established in the "R -5.0" Zero - Lot -Line District. The applicant requested a variance, allowing the platting and development of a flag lot on the subject property. Section 12, "Definitions" #448a, Width of Lot, requires width of a front property line to be no less than twenty (20') feet. The applicant requested a variance of eight (8) feet, allowing an ingress /egress easement of twelve (12) feet to provide appropriate access to and principal frontage for the subject property. Mr. Stombaugh explained that Staff found no special conditions existed for the requested variances. Although currently unplatted, tax records indicated the property had been improperly subdivided by deed and not by plat. The improper subdivision of the property if allowed to develop, would result in the subject property as well as the property to the south becoming nonconforming relative to the "R -5.0" Zero Lot Line District standards. Mr. Stombaugh further stated that despite efforts of applicant to mitigate the level of nonconformity of the two proposed lots, variances were still required which were self- imposed. Mr. Stombaugh further stated that in 2006 the zoning ordinance was amended that eliminated the development of flag lots within single family zoning districts in an effort that improved property values, minimized density, and reduced perceived negative impact on neighborhood aesthetics. With no questions for Mr. Stombaugh, Gary Pearson, readdressed the Board concerning 318 Turner Road. He stated that since 316 Turner Road was denied that 318 Turner could not be approved, he stated that the property would be deadlocked with no legal access to the property and stated that it should be addressed. Mr. Stombaugh addressed Mr. Pearson's comment regarding access to 318 Turner Road. Although the property did not have officially platted access to the property, there was access to the property, it would not be allowed to be shut off or isolated, there was a concept called prescriptive rights. Since access to this property had been granted and allowed for numerous years it was basically a matter of right now. 3 eoam ofZooin naryatmam W /04We With no questions for Mr. Pearson and no additional speakers, Ken White made a motion to close the public hearing. George Dalton seconded the motion which prevailed by the following vote: Ayes: Holt, White, Dalton, Morris, Dierolf Nays: None Absent: Rainwater Ken White made a motion that no special condition existed for the requested variances George Dalton seconded the motion which prevailed by the following vote: Ayes: Holt, White, Dalton, Morris, Dierolf Nays: None Absent: Rainwater MINUTES Next the Board of Zoning Adjustment considered the minutes of the March 7, 2016, Briefing Session and Public Hearing. Ken White made a motion to accept the minutes of the March 7, 2016 Briefing Session. George Dalton seconded the motion. Ayes: Holt, White, Dalton, Morris Nays: None Absent: Rainwater Ken White made a motion to accept the minutes of the March 7, 2016 Public Hearing. Mike Morris seconded the motion which prevailed by the following vote: Ayes: Holt, White, Dalton, Morris Nays: None Absent: Rainwater ADJOURNMENT With no further discussion, George Dalton made a motion to adjourn. Tracey Dierolf seconded the motion, which prevailed by the following vote: Ayes: Holt, White, Dalton, Morris Nays: None Absent: Rainwater The meeting was adjourned at approximately 6:43 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 2ND DAY OF MAY 2016. 4 Board of ZaninB Adjustment NIOV2016 l SE CR ARY F.IMMONTOWWRI Boartl of Zoning Aguetment 04/092016