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HomeMy WebLinkAboutBZA2024-01Agenda Item # 9 BZA24-01.4 1 MEMORANDUM PLANNING SERVICES MEMO TO: BOARD OF ZONING ADJUSTMENT FROM: ERICA MAROHNIC, PLANNING SERVICES DIRECTOR NATASHA GALE, PLANNER I SUBJECT: BOARD OF ZONING ADJUSTMENT CASE #BZA24-01A & B 305 SMITH STREET MEETING DATE: MONDAY, FEBRUARY 5, 2024 BACKGROUND INFORMATION: The subject property is developed as a one-story, 1,755 square foot single-family detached residence on a 12,369 square foot (0.283 acre) lot. The lot was platted in 1913 and it was developed in 1925. The subject property was zoned “R-3”, Multiple-Family Dwelling District prior to the 1984 City-wide Rezoning at which time it was rezoned to “R-7.5”, Single-Family District. On October 28, 2009, the Historic Preservation Commission (HPC) approved CA09-51 to reconstruct an existing two-car garage and workshop. On May 26, 2010, the HPC approved CA10-39 to remove the existing wood fence along the north side of the property and replace it with an iron fence. On September 21, 2010, City Council approved HL10-05 (Ord. 2010-55) to designate 305 Smith Street as a Historic Landmark Subdistrict. On September 27, 2023, the HPC approved CA23-52 to construct a new 200 square foot one-story workshop addition to the rear of the existing 500 square foot detached garage. The application was submitted by Phil Ware with Ware Brothers, LLC, on behalf of the property owner. REQUEST: The applicant intends to expand the existing detached garage by adding 200 square feet to the rear of the garage for a workshop. The applicant is requesting a special exception (BZA24-01A) to allow the existing residential dwelling to remain as developed with an 8-foot encroachment into the required side yard setback adjacent to the north property line and for the detached garage to remain as developed with an expansion and a 3-foot encroachment into the side yard setback adjacent to the south property line as shown on the plot plan. The subject site is a reverse frontage lot (see diagram below) which requires a 30-foot front yard setback and a 30-foot side yard setback found in Subsection 42.D., Corner Lots of Agenda Item # 9 BZA24-01.4 2 Section 42, Supplementary District Regulations of the Zoning Ordinance. This subsection states that corner lots, the side yard on the street side, when the rear yard of the subject site backs up to a front yard, shall have the same setback as the required front yard. The reverse frontage lot regulations have been in effect since the 1970 Zoning Ordinance adoption and were carried forward with the 1982 Zoning Ordinance which both occurred subsequent to the platting and construction of the existing single-family residence. The existing residence was also built prior to the 1984 City-wide Rezoning and currently encroaches into the required 30-foot side yard setback adjacent to the north property line by approximately 8 feet and encroaches into the required 6-foot side yard setback adjacent to the south property line by approximately 3 feet. Reverse Frontage Lot Example: BZA24-01B is a request for a variance to allow the residential dwelling to remain as developed with a minimum lot width of 93 feet as shown on the plot plan. The subject site does not meet minimum width for a reverse frontage lot found in Subsection 15.G.4, Area Regulations, of Section 15, “R-7.5”, Single Family District Regulations of the Zoning Ordinance that states that every reverse frontage lot have a minimum width of 95 feet. The existing property has a width of 93 feet. Agenda Item # 9 BZA24-01.4 3 ATYPICAL CONDITION: Staff finds that an atypical condition exists for the requested special exception (BZA24-01A) on this property. Specifically, the subject property was developed in 1925 prior to the City’s first Zoning Ordinance in 1955 and prior to the rezoning of the property in the 1984 City- wide Rezoning to “R-7.5”, Single-Family District. Currently and as proposed, the site is not compliant with Zoning Ordinance (82-73) relative to Subsection 42.D., Corner Lots of Section 42, Supplementary District Regulations and Subsection 15.G.3., Width of side yard of Section 15, Area Regulations of the Zoning Ordinance. Staff also finds that an atypical condition exists for the requested variance (BZA24-01B) on this property. Specifically, the subject property was developed in 1925 prior to the City’s first Zoning Ordinance in 1955 and prior to the rezoning of the property in the 1984 City- wide Rezoning to “R-7.5”, Single-Family District. Currently and as proposed, the site is not compliant with Zoning Ordinance (82-73) relative to Subsection 15.G.4, Minimum lot width of Section 15, “R-7.5”, Single-Family District which requires that every reverse frontage lot have a width of 95 feet, the current lot has a width of 93 feet. RECOMMENDATION: Staff recommends the Board of Zoning Adjustment: Approve (BZA24-01A) to allow the existing residential dwelling to remain as developed with an 8-foot encroachment into the required side yard setback adjacent to the north property line and for the detached garage to remain as developed with expansion and a 3- foot encroachment into the side yard setback adjacent to the south property line as shown on the plot plan. Approve (BZA24-01B) for a variance to allow the residential dwelling to remain as developed with a minimum lot width of 93 feet as shown on the plot plan. /ng MORR I S O N 26853 QUATROGRANDE33264 FIRST BAPTIS T CHURC H ADDN 13843 .28 AC.43 AC .26 @ .50 AC .3 AC.37 AC .19 @ 1.16 @ 211 1 3435 33 32 E TEXAS ST E WORTH ST TR 38 TR 62BTR 61 TR 62C TR 63B TR 62ATR 61A TR 62 TR 6 0 A 1A1 A 25A 4 4 2RA 3A 1 1 5R 543 31 5 5B 2 3 4 1 2 1 MILLICA N PLACE ADDN 26149 2 1 2A 38 ORIGIN A L TOWN O F GRAPE V I N E 16060 .258 @ TR 60A1 TR 6 0 .1 4 8 @ TR 6 3 .2 8 2 @ TR 6 3 A RAWLS & DALTO N 33660 B.2 1 8 @ 3 J TRIG G 43730 2A MRS G E HURST SUBD 20840 3 4R .555 AC A FLEONARD23818 ORIGIN A L TOWN O F GRAPE V I N E 16060 7.02 @ 1 2 36 0.540 @ .428 AC112GREENPARK16243B R-7.5 HGT HC CBD GU SM I T H S T E TEXAS ST E WORTH ST E WALL ST BZA24-01; 305 Smith Street 0 60 120 180 240 Feet ² Date Prepared: 1/19/2024 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. SUBJECT PROPERTY CITY OF GRAPEVINE NOTICE OF PUBLIC HEARING BOARD OF ZONING ADJUSTMENT BZA24-01A/ BZA24-01B 305 Smith Street 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. Case Number/Name: BZA24-01A/ BZA24-01B Applicant: Phil Ware/ Ware Brothers, LLC Location: 305 Smith Street Current Zoning: “R-7.5”, Single-Family District Purpose of Request: The request is for the following special exception to the Grapevine Comprehensive Zoning Ordinance 82-73: Subsection 43.E.3, Nonconforming Uses and Structures, which allows the Board of Zoning Adjustment to approve the remodeling and/or enlargement of a nonconforming use. The applicant is requesting a special exception (BZA24-01A) to allow the existing residential dwelling to remain as developed with an 8-foot encroachment into the required side yard setback adjacent to the north property line and for the detached garage to remain as developed with expansion and a 3-foot encroachment into the side yard setback adjacent to the south property line. The request is also for the following variance to the Grapevine Comprehensive Zoning Ordinance 82-73: Subsection 15.G.4, Area Regulations, of Section 15, “R-7.5”, Single-Family District Regulations, which requires a minimum lot width of 95 feet for reverse frontage lots. The applicant is requesting a variance to allow a variance (BZA24-01B) for the minimum lot width to be 93 feet. HEARING: WHEN: MONDAY, FEBRUARY 5, 2024 AT 6:15 PM WHAT: BOARD OF ZONING ADJUSTMENT PUBLIC HEARING LOCATION: CITY COUNCIL CHAMBERS, 2ND FLOOR, 200 SOUTH MAIN STREET PROCEDURE: 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 CITY OF GRAPEVINE NOTICE OF PUBLIC HEARING BOARD OF ZONING ADJUSTMENT BZA24-01A/ BZA24-01B 305 Smith Street WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, FEBRUARY 5, 2024 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) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Printed Property Owner Name and Address, or Lot, Block and Subdivision: ________________________________________________________________________ ________________________________________________________________________ Signature: ___________________________________ (Phone No.)________________ Printed Name of Signee: ______________________________ Title: _________________ Direct questions, mail, and email responses to: Telephone: (817) 410-3155 Email: planning@grapevinetexas.gov Board of Zoning Adjustment Department of Planning Services City of Grapevine 200 S. Main Street Grapevine, TX 76051 EX U R B S T U D I O ww w . E X U R B S T U D I O . c O m The purpose of BZA24-01 are for the following requests: a special exception (BZA24-01A) to allow the existing detached garage to remain as developed with an expansion and an encroachment into the required side yard and rear yard setbacks. A request for a variance (BZA24-01B) for the minimum lot width to be 93 feet