HomeMy WebLinkAboutBZA2016-0904April 5, 2016
Gary Pearson
4105 Rocky Bend Court
Corinth, TX 76208
i • • • • • • i • I• • I is •'. 'i • - • � •: •
Mr. Pearson:
This letter confirms on April 4, 2016, the Board of Zoning Adjustment denied the following
request:
Section 12, "Definitions" #222, Lot, Flag, prohibits a flag lot from being established in
the "R-5.0" Zero -Lot -Line District. The Board denied a variance that would have allowed
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 Board denied a variance that would have allowed an
ingress/egress easement of twelve (12) feet to provide appropriate access to and principal
frontage for the subject property.
Please do not hesitate contacting our office if you have any questions. A copy of the minutes
will be available after they have been approved at the next regular Board of Zoning
Adjustment meeting. If you need a copy for your records, please contact Connie Cook at
817-410-3158.
Thank you,
I � �- V'
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Ron Stombau h
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Development Services Assistant Director
cc: Allen Hunt, Plans Examiner
Manda Pancholy, Plans Examiner
Development Services Department
The City of Grapevine * P.O. Box 95104 * Grapevine, Texas 76099 * (817) 410-3165
Fax (817) 410-3012 * www.grapevinetexas.gov
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MEMORANDUM CITY OF GRAPEVINE, TEXAS
SUBJECT: BOARD OF ZONING ADJUSTMEN
APRIL 4,2016 MEETING I
97-1,1114W-11=11
At their April 4, 2016 meeting, the Board of Zoning Adjustment acted on the following
cases:
BZA16-07 — Gary Pearson, 316 Turner Road, proposed to be platted as Lot 1,
Block 1, Pearson Addition
The Board denied the following request
Section 16.F.2, "R-5.0" Zero -Lot -Line District, Density Requirements, requires a
minimum lot size of 5,000 square feet. The Board denied a variance that would have
allowed 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 Board denied a variance that would have allowed
a lot depth of 82 -feet.
BZA16-08 — Gary Pearson, 318 Turner Road, proposed to be platted as Lot 2,
Block 1, Pearson Addition
The Board denied the following request
Section 12, "Definitions" #222, Lot, Flag, prohibits a flag lot from being
established in the "R-5.0" Zero -Lot -Line District. The Board denied a variance that
would have allowed 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 Board denied a variance that would
have allowed an ingress/egress easement of twelve (12) feet to provide appropriate
access to and principal frontage for the subject property.
0 ABZA\2016\QtyManagerOutcome
MEMORANDUM DEVELOPMENT SERVICES
MEMO TO: BOARD OF ZONING ADJUSTMENT
FROM: SCOTT WILLIAMS, DIRECTOR DEVELOPMENT SERVICES \
BUILDING OFFICIAL
RON STOMBAUGH, ASSISTANT DIRECTOR OF DEVELOPMENT
SERVICES
ALBERT L. TRIPLETT JR, PLANNER II
SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA16-08
318 TURNER ROAD
MEETING DATE: MONDAY, APRIL 4, 2016
Staff recommends the Board of Zoning Adjustment deny the following variances to the
Grapevine Comprehensive Zoning Ordinance 82-73 for property located at 318 Turner
Road, proposed to be platted as Lot 2, Block 1, Pearson Addition as follows:
Section 12, "Definitions" #222, Lot, Flag, prohibits a flag lot from being established
in the "R-5.0" Zero -Lot -Line District. The applicant is requesting a variance, and if
approved by the Board would allow the platting and development of a flag lot on the subject
property.
Section 12, "Definitions" #448x, Width of Lot, requires width of a front property line
to be no less than twenty (20') feet. The applicant is requesting a variance of eight (8)
feet, and if approved by the Board would allow an ingress/egress easement of twelve (12')
feet to provide appropriate access to and principal frontage for the subject property.
SPECIAL CONDITION:
Staff finds that no special conditions exist for the requested variances. Although currently
unplatted, tax records indicate the property has been improperly subdivided by deed and
not by plat. This improper subdivision of the property if allowed to develop, would result in
the subject property as well as the property to the north becoming nonconforming relative
to the R-5.0" Zero Lot Line District standards. Despite the efforts of the applicant to
mitigate the level of nonconformity of the two proposed lots, variances are still required
which are self-imposed. In addition, the zoning ordinance was amended in 2006 to
specifically eliminate the development of flag lots within the single family zoning districts in
an effort to improve property values, minimize density, and reduce the perceived negative
impact on neighborhood aesthetics.
The application was submitted by Gary Pearson, representing property owner Rosemary
Jackson Alexander.
0 ABZA\2016\Cases\BZA 16-08.4
Z l 08
CITY OF GRAPEVINE
1. APPLICANT:
NAME:—
ADDRESS:
CITY/STATE: _G tv+k ZIP:
HOME: WORK: MOBILE:
FAX: E-MAIL:
2. PROPERTY OWNER(S):
NAME: �C)A�
ADDRESS: 3)e) --Fq
CITY/STATE: C;TP_APvi?V ZIP:
HOME: WORK: FAX:
3. LEGAL DESCRIPTION (SUBJECT PROPERTY):
STREET ADDRESS, LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY:
(Please attach Survey of the Subject Property)
�1_
ADDRESS: Acaw)u
L 0) BLOCK: SUB -DIVISION:
('a 6��144 4 iZc 4� i 434c�) F S4 Z V i�Lt 463 —1kA6T- '7_tzc� cT- 3 0 J� G I
4. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE
SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET:
Section 12, "Definitions" #222, Lot, Flag, prohibits a flag lot from being established
in the "R-5.0" Zero -Lot -Line District. The applicant is requesting 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 is requesting 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.
2
o.'acuVorms\appbza
www.grapevinetexas.gov
1/99 Revised 1/06,1/13,1114,1/12114
5. � STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS
WHICH CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCE(S) OR SPECIAL
EXCEPTION(S) YOU ARE REQUESTING. EXAMPLES OF SPECIAL CONDITIONS ARE: HILLS,
VALLEYS, CREEKS, POWER POLES, ELEVATIONS, IRREGULAR LOT OR TRACT SHAPES, ETC.
THE BOARD OF ZONING ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR
CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS
DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE
REQUEST.
7-4- Tor- a
6. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE
ZONING ORDINANCE. EXAMPLES: (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT
PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS
AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK
PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS.
m
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7. ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER
DRAWINGS OR PHOTOGRAPHS NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD.
SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE
VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD BE QUANTIFIED BY AN
APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.)
o:\zcukforms\appbza
www'grapevinetexas.gov
1/99 Revised 1/06,1/13,1/14,1/12/14
THE DEVELOPMENT SERVICES STAFF WILL DETERMINE THE AGENDA FOR EACH OF THE
PUBLIC HEARING DATES. BASED ON THE SIZE OF THEAGENDA, YOURAPPLICA TION MAYBE
RESCHEDULED TO A LATER DATE.
G%
APPLICANT (PRINT)
APPLICANT SIGNATU
mmamamml
OWNER SIGNATURE
o:\zcu\forms\appbza
www.grapevinetexas.gov
1/99 Revised 1/06,1!13,1/14,1/12/14
I
The State of
County of 1 �-
Before me `czll on this day personally appeared
L-71je- LLA known to me (or proved to me on the oath of
or through �, (description of
identity card or other document) to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this day of L- A.D. I
SEAL "° P��b' DEBORAH S WOOD
1P'• UB
Notary Public, State of Sex
My Commission Expires Notary Signature
June 01, 2018
%F OF •� �.•�,
The State of
County of 7 n �--
Before me C _ ( on this day personally appeared
known to me (or proved to me on the oath of
or through i��, L.� (description of
identity card or other document) to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this day of G , A.D.
SEAL DEBORAH S WOOD t :L Yj
Notary Public, State of Texas Notar SI nature
,. My Commission Expires Y g
,lune 01, 2018
5
oAzcu\forms\appbza
www.grapevinetexas.gov
1199 Revised 1/06,1/13,1/14,1112/14
201-209. RESERVED FOR FUTURE USE.
210. KINDERGARTEN shall mean school for children of preschool age, in which
construction endeavors, object lessons and helpful games are prominent
features of the curriculum.
211-220. RESERVED FOR FUTURE USE.
221. LOT shall mean a tract of land occupied or to be occupied by a building and
its accessory buildings, and including such open spaces as are required
under this ordinance, and having its principal frontage upon a public street or
officially approved place.
222. LOT, FLAG shall mean a lot which is platted such that a portion of the lot is
behind and a portion is beside an adjacent lot, fronts on the same right-of-
way or dedicated easement as the adjacent lot, and does not meet the
minimum lot width at the required minimum front building setback line for the
zoning district in which it is located. Such flag lots shall be prohibited in the
"R-20" Single Family District, "R-12.5' Single Family District, " R-7.5" Single
Family District, "R-5.0" Zero Lot Line District, "R-3.5" Two Family District, "R-
3.75" Three and Four Family District, and "R-TH" Townhouse District.
For non -residentially zoned property developed as a flag lot, the front yard
setback shall begin at the point where the lot meets the minimum lot width
established for the district.
223. LOT COVERAGE shall mean the total area of a lot upon which is placed a
building, buildings, or other structures.
224. LOT OF RECORD shall mean a lot which is part of a subdivision, the plat of
which has been recorded in the office of the county clerk of Tarrant County,
Texas, or a parcel of land, the deed of which was recorded in the office of
the county clerk of Tarrant County, Texas, prior to the effective date of this
ordinance.
225-247. RESERVED FOR FUTURE USE.
248. MANUFACTURED PLANT shall mean an establishment devoted to the
fabrication, processing, assembling, cleaning or repair of articles, foods,
liquids, and/or plants.
249. MECHANICAL EQUIPMENT shall mean any machinery designed or
Section 12
14
426. USE shall mean the purpose or activity for which a piece of land or its
buildings is designed, arranged, or intended, or for which it is occupied or
maintained.
427-429. RESERVED FOR FUTURE USE.
430. VINEYARD shall mean the cultivation or planting of grapes.
431-445. RESERVED FOR FUTURE USE.
446. WAREHOUSING shall mean storage in an enclosed building five thousand
(5,000) square feet in area or larger, of articles, foods, liquids and/or plants
including all necessary office and/or sales space, but not including freight
forwarding warehouses, motor terminal facilities or railway freight station
facilities.
447. WHOLESALE BUSINESS shall mean a commercial use devoted to the sale
of goods and commodities in large lots to retail outlets and store and
manufacturers.
448a. WIDTH OF LOT shall mean the distance between the side property lines
measured at a required building setback line, measuring parallel to the front
property line, perpendicular to the side property line. At no time, however,
shall the front property line be less than twenty (20) feet.
448b. WIDTH OF LOT, CUL-DE-SAC, shall mean the distance between the side
property lines measured at a required building setback line, measuring
parallel to a perpendicular line bisecting the angle between two (2) side
property lines. At no time, however, shall the front property line be less than
twenty (20) feet. A cul-de-sac street, one end of which is closed and
consists of a circular turn around.
449. WIDTH OF SIDE YARD shall mean the least distance between a side wall of
a building and the side line of the lot.
450. WINERY, shall mean the manufacturing, bottling, labeling and packaging of
wine containing not more than twenty-four (24) percent alcohol by volume
from grapes, fruits and berries grown on -premise or imported, and to include
the manufacturing and importation of grape brandy for fortifying purposes
only. Wine sales may be to holders of wholesaler's permits, winery permits,
wine bottlers permits. Retail sales to ultimate consumers in unbroken
packages for off -premise consumption may not exceed an amount of 25,000
gallons annually. A winery may include the following accessory uses; a
Section 12
22
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Because you are a property owner within 200 feet of the subject tract of land as
shown by the last City -approved tax rolls, you received this notice. If you cannot or
do not wish to attend the public hearing, the attached form is provided for your
convenience.
Purpose of Request: The applicant has submitted an application to the Department of
Development Services for 318 Turner Road, proposed to be platted as Lot 2, Block 1,
Pearson Addition. The following variances to the Grapevine Comprehensive Zoning
Ordinance 82-73:
Section 12, "Definitions" #222, Lot, Flag, prohibits a flag lot from being established
in the "R-5.0" Zero -Lot -Line District. The applicant is requesting a variance, and if
approved by the Board would allow 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 is requesting a variance of eight (8')
feet, and if approved by the Board would allow an ingress/egress easement of twelve (12')
feet to provide appropriate access to and principal frontage for the subject property.
WHEN: MONDAY, APRIL 4, 2016, AT 6:15 PM
WHAT: BOARD OF ZONING ADJUSTMENT PUBLIC HEARING
LOCATION: CITY COUNCIL CHAMBERS, 2ND FLOOR, 200 SOUTH MAIN STREET
1. City Staff Introduction of Case and Applicant
2. Applicant and Other Speakers' Presentation
3. Public Input from Neighborhood Associations, Property Owners within 200 feet,
Interested Citizenry
4. Questions from Board of Zoning Adjustment for Applicants, City Staff and Guests
Present
5. Public Hearing Closing
6 Determining if a Special Condition Exists
7. Vote
Procedure to Respond:
As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve)
(protest) and/or (have the following comments)
Print Name, Address, City, Zip, Lot, Block and Subdivision:
Signature: Phone#:
Telephone: 817-410-3158 Fax: 817-410-3018
Mail responses to:
Board of Zoning Adjustment
Department of Development Services
City of Grapevine
P. O. Box 95104
Grapevine, TX 76099
0:\BZA\2016\Cases\BZA 16-08.3
Direct questions/deliver responses to:
Planning & Building Inspections Division
Department of Development Services
City of Grapevine
200 S. Main Street
Grapevine, TX 76051
March 18, 2016
Ms. Christine Lopez
Fort Worth Star Telegram
P.O. Box 1870
Fort Worth, Texas 76102
RE: Grapevine Account # CIT 25
Dear Ms. Lopez,
Please find enclosed the following for publication on Sunday, March 20, 2016, in the
Northeast Edition of the Neighborhood Extra Section of the Fort Worth Star Telegram.
(One time only)
Item
Notice of Public Hearing:
BZA16-07, Gary Pearson
BZA16-08, Gary Pearson
April 4, 2016
April 4, 2016
As always, your assistance is greatly appreciated. If you have any questions, please
contact me at (817) 410-3158.
Sincerely,
Ron Stombaugh
Asst. Director, Development Services
Development Services Department
The City of Grapevine * P.O. Box 95104 * Grapevine, Texas 76099 * (817) 410-3165
Fax (817) 410-3012 * www.grapevinetexas.gov
CITY OF GRAPEVINE, TEXAS
On Monday evening, April 4, 2016 at 6:15 P.M. in the City Council Chambers, 2nd Floor,
200 South Main Street, Grapevine, Texas, the Board of Zoning Adjustment of the City of
Grapevine will hold a public hearing to consider the following items:
Case Number/Name: BZA16-07
Applicant: Gary Pearson
Location: 316 Turner Road, proposed to be platted as Lot 1, Block 1,
Pearson Addition
Current Zoning: "R-5.0" Zero -Lot -Line District
Proposal: The request is for the following variances to the Grapevine
Comprehensive Zoning Ordinance 82-73: Section 161.2., "R-5.0" Zero -Lot -Line District,
Density Requirements, requires a minimum lot area of 5,000 square feet. The applicant is
requesting a variance of 600 square feet to this requirement and if approved by the Board,
would allow a lot area 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 is requesting a
variance of 18 feet to this requirement and if approved by the Board, would allow a lot
depth of 82 feet.
Case Number/Name: BZA16-08
Applicant: Gary Pearson
Location: 318 Turner Road, proposed to be platted as Lot 2, Block 1,
Pearson Addition
Current Zoning: "R-5.0" Zero -Lot -Line District
Proposal: The request is for the following variances to the Grapevine
Comprehensive Zoning Ordinance 82-73: Section 12, "Definitions" # 222, Lot, Flag,
prohibits a flag lot from being established in the "R-5.0" Zero Lot Line District. The
applicant is requesting a variance to this requirement and if approved by the Board, would
allow the platting and development of a flag lot on the subject property. Section 12,
"Definitions" # 448a, Width of Lot, requires the width of a front property line to be no less
than twenty (20) feet. The applicant is requesting a variance of eight (8) feet to this
requirement and if approved by the Board, would allow an ingress/egress easement of
twelve (12') feet to provide appropriate access to and principal frontage for the subject
properly.
After all parties have been given an opportunity to speak, the public hearing will be
closed and the Commission will deliberate the pending matters. Please contact the
Department of Development Services concerning any questions, 200 South Main
Street, Grapevine, Texas, 76051 or P.O. Box 95104, Grapevine, Texas, 76099, 817-
410-3158.
Connie Cook
From: Lopez, Christine <
Sent: Friday, March 18, 2016 11:37 AM
To: Connie Cook
Subject: Re: BZA NEWS NOTICE POSTING FOR SUNDAY 3/20/16
ad received
Christine
Christine Lopez
Legal Classified Representative
Phone: 817-390-7522
On Fri, Mar 18, 2016 at 11:34 AM, Connie Cook <ccook@grgpevinetexas.gov> wrote:
Good afternoon Christine,
Posting for this coming Sunday.
Please confirm you received this e-mail notice.
Best Regards,
Development Services Assistant
City of Grapevine
200 S. Main Street
Grapevine, TX 76051
808 Throckmorton St,
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF GRAPEVINE SECRETARY
PO BOX 95104
GRAPEVINE, TX 76099-9704
Attn: Attn:
CITY OF GRAPEVINE, TEXAS On Mo
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13580
Customer ID: CIT25
Invoice Number: 337271371
Invoice Date:
3/20/2016
Terms:
Net due in 21 days
Due Date:
3/31/2016
PO Number:
Order Number:
33727137
Sales Rep:
073
Description:
CITY OF GRAPEVI
Publication Date:
3/20/2016
76 76 LINE $110 $159.60
Net Amount: $159.60
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Thank You For Your Payment
Remit To: Star -Telegram Customer ID: CIT25
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FORT WORTH, TX 76101-2051 Invoice Number: 337271371
Invoice Amount: $159.60
PO Number:
Amount Enclosed: