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HomeMy WebLinkAbout1982-10-07AGENDA CITY OF GRAPEVINE, TEXAS BOARD OF ZONING ADJUSTMENTS THURSDAY, OCTOBER 7, 1982 AT 7:00 P.M. CONFERENCE ROOM - 413 MAIN STREET II. OATH OF TRUTH III. OLD BUSINESS Board of zoning Adjustments to review and consider BZA 82-05 submitted by Mr. Tom Wade. IV. NEW BUSINESS A. Board of Zoning Adjustments to conduct a public hearing relative to BZA 82-08 submitted by Roy Stewart Homes, Inc. and to consider same. B. Board of Zoning Adjustments to conduct a public hearing relative to BZA 82-09 submitted by Mr. David Vilbig and to consider same. V. CONSIDERATION OF THE MINUTES Meeting of September 8, 1982 VI. MISCELLANEOUS REPORTS AND/OR DISCUSSIONS VII. ADJOURNMENT IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SES- SION, THE BOARD OF ZONING ADJUSTMENTS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 29TH DAY OF SEPTEMBER, 1982 AT 5:00 P.M. City Secre 6 ry 0 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustments of the City of Grapevine, Texas, met in Regular Session on Tuesday, the Seventh Day of October, 1982, at 7 P.M. in the City Council Chambers of City Hall, 413 Main Street, with the following persons present, to wit: James Buckner Chairman Jesse Woods Vice -Chairman Gene Deavers - Member Gerald Thompson Member Joel Stiner First Alternate constituting a quorum, with Member Doug Lamb and Second Alternate Ricky Wright absent, with the following members of the City Staff present: Tbnuy Hardy Building Official Joy Welch Secretary The meeting was called to order at 7 P.M. by Chairman Buckner who suggested that the meeting be moved from the Conference Room to the Council Chambers to provide adequate room for citizens attending the Pubic Hearing. Review and Considertion of BZA 82-05 The first order of business for the consideration of the Board was the consideration and review of BZA 82-05 submitted by Mr. Tom Wade. Oath of Truth The Oath of Truth was administered to Mr. Tom Wade, applicant for the requested variance and Mr. and Mrs. Hill. owners of the lot north of the Wade property. Chairman Buckner announced that there were letters received from Mr. Bill Lewis and Mr. Quinn. BZA 82-05 was first presented in August when it was tabled to allow the parties involved to reach an agreement as to solving the encroachment problem and to allow the Board time to evaluate whether or not this ap- plication should be an item for consideration by the Board of Adjust- ments or a court of law. To summarize problems which had been created by the encroachment (as explained earlier by Mr. Wade as being a mis- take in surveying from years ago, and stakes placed in error) Mrs. Rita Hill displayed pictures of the property, debris left from building, concrete slab and eaves of house that encroach. Further, Mrs. Hill said she was willing to allow Mr. Wade to purchase the property that he had encroached upon to prevent further problems concerning possible future sale of the property. Mrs. Hill expressed concern as to what effect the Board of Adjustment's decision might have should there be legal action taken. Following a statement by Mr. Hill reaffirming the unfortunate circumstances under which Mr. Wade had mistakedly built on the Hill's property, the Board entered into a lengthy discussion in response to the presentations by Mr. Wade and Mrs. Hill from both meetings. It was the general consensus of all boardmembers present that there was a definite encroachment of the property and that Mrs. Hill was definitely the damaged party. It was also the general consensus of boardmembers that a variance request should not be submitted or granted due to further technicalities if the property was sold. There was further discussion as to the exact square footage of the encroachment and the fairness of the amount Mrs. Hill was willing to accept for sale of the property. The Chairman called for a motion relating to the request for an adjustment. Joel Stiner moved to deny the request of Mr. Wade for a variance. Vice Chairman Woods seconded the motion which prevailed as follows: Ayes: Buckner, Woods, Deavers and Stiner Nays: Thompson Absent: Wright and Lamb BZA 82-08 Roy Stewart Homes The second item for for considertion was Application BZA 82-08 submitted by Roy Stewart Homes. OATH OF TRUTH The Oath of Truth was administered to Mr. Roy Stewart representing Roy Stewart Homes. Chairman Buckner read the request for the variance as presented in the Agenda packet. The location of the property is 1940 Casa Lone court, owned by Mr. Harrell Hunt. The owners needs additional garage and storage area, and to maintain the beauty of his property, he requestes a rear setback to be 11 feet in lieu of 25 feet. It was noted that the property backs up to Corp of Engineer property. The Chairman questioned Mr. Stewart as to whether the garage would be enclosed at this time, to which Mr. Stewart answered "no, not at this time." There was a short discussion further, relating to Corp property. Chairman Buckner asked if there had been any correspondence relating to this request for variance. There was none. There being no further discussion, Mr. Deavers made a motion to grant the variance to Roy Stewart Homes as requested; and Mr. Thonpson seconded the motion which prevailed by the following vote: Ayes: Buckner, Woods, Thompson, Deavers, and Stiner Nays: None Absent: Wright and Lamb The next item for consideration was BZA 82-09, submitted by Mr. David Vilbig. Oath of Truth The Oath of Truth was administered to Mr. David Vilbig,Mr. Harley Beam and Mr. Tom Wade. Chairman Buckner explained the request for variance. Mr. Vilbig desired to build a 900 square foot structure suitable for a family dwelling. Harley Bean, father-in-law of Mr. Vilbig explained in depth as to how it was the intention of Mr. Vilbig to enclose the mobile home sometime in the future and presented pictures to illustrate same, to show how such an addition would enhance the beauty of the property and would not be visible as it was set in the midst of 8 acres, at the western corner, above flood level and that Corp property bounds the west side. Vice Chairman Woods asked who owned the property. Mr. Beam replied that he did. Mr.Hardy further explained the new ordinance requiring the removal of a mobile home from property should the property ever be sold. There was discussion by others on the Board and by Tionray Hardy as to when a mobile home would be declared a permanent structure, after additions and enclosures. Mr. Bean stated that he had no intention of selling the property. After this discussion Chairman Buckner called for a motion. Jesse Woods moved to approve the request by Mr. Vilbig as submitted. There was a second by Mr. Stiner and the motion prevailed as follows: Ayes: Buckner, Woods, Thompson , Deavers, Stiner Nays: None Absent: Wright and Lamb Ke) 11 V I-IV • • 1 4 V I NO • IC i • i i.'il The final item on the agenda for the Board of Zoning Adjustments to consider was the minutes of the meeting of September 8, 1982 and to make any additions or corrections if necessary. Chairman Buckner called for comments on the minutes. In summation, Vice Chairman hoods' response was that he had no problem with the what the Minutes did say, but he thought it would be best to include some discussion explaining why any vote was favorable or unfavorable for reconvaendation of any given request. There was some response to Mr. Woods' general statement, both positive and negative. It was agreed that members are not required to give reasons for any vote; however, to present more clearly the business that transpired, it was suggested that mare discussion be included. Chairman Buckner suggested that if any merber wanted anything specific added to the Minutes of September 8, that he should specifyy such. Mr. Woods asked to have a statement included in the discussion prior to the vote on BZA 82-07 Braum's Sign. By way of explaining his vote to deny the request, Mr. Woods reasoned that there would be no undue hardship placed on Braums if they were required to comply with the 50 square foot area limit prescribed in the existing ordinance. Also Mr. Steiner asked to have a statement added to the same minutes to substantiate his motion to allow the variance; Mr. Stiner asked the secretary to add, " due to an absence of a comprehensive sign ordinance encompassing the entire downtown district, it would seem inconsistant to require signs on the west side of Main to be different from theose on the east side of Plain Street." The secretary agreed to make the requested additions to the minutes and to submit draft copies to the Board prior to the next regular meeting of November 4, 1982. She also agreed to send a draft copy of the present meeting's minutes to allow members' comments prior to the November 4 meeting date. Vice Chairman Woods then moved to approve the minutes of September 8 as amended and Gerald Thompson seconded the motion. It prevailed as follows: Ayes: Buckner, Thompson, Larrb, Deavers and Stiner Nays: None Absent: Wright and I-arnb � • ), �Iui•►ili There being no further discussion or business to come before the Board, Gerald Thompson made the motion to adjourn the meeting at 8:50 P.M. Jesse Woods seconded the motion which prevailed by the following vote: Ayes: Buckner, Woods, Thompson, Deavers and Stiner Nays: None Absent: Wright and Lamb Further, it was agreed that the meeting time for the November 4 meeting should be 6 PM. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENTS OF THE CITY OF GRAPEVINE, TEXAS ON THIS THE DAY OF , 1982. APPROVED: CHAI ATTEST: SECRET Y