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Home My WebLink About1994-03-07- - AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, MARCH 7, 1994, AT 6:00 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS II. OATH OF TRUTH IV. NEW BUSINESS A. :•`•• OF • ADJUSTMENT TO CONDUCT A PUBLICHEARING • O BOARD OF ZONINGADJUSTMENT ,., •4 SUBMITTED BY WILLIAM AND BONNIE RICH, AND CONSIDERATION OF B. BOARD OF •NING ADJUSTMENT TO CONDUCT HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-05, SUBMITTED BY RANDY HOWELL, AND CONSIDERATION OF C. :•A`• OF • ADJUSTMENT TO CONDUCT A PUBLI'I •. SUBMITTED BY RANDY • AND: CONSIDERATION OF D. BOARD OF • ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO :•••i OF • ADJUSTMENT BZA94-07, SUBMITTED BY DARRELL GRIFFIN, r CONSIDERATION OF :•••r OF • ADJUSTMENT TO CONDUCT HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-08, SUBMITTED BY TRENCOR JETCO, INC. AND CONSIDERATION OF F. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIO HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE `94 •• SUBMITTED BY LONESOMEDOVE,r CONSIDERATION OF V. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE FEBRUARY 7, 1994 MEETING. 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 COMMUNITY DEVELOPMENT AT (817) 481-0377. REASONABLE ACCOMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. I110, -Awls VIM M f 911 ZONINGADJINSTITIEIVI i--U1UXK''fEE ON THIS THE 4TH DAY OF MARCH, 1994, AT 5:00 P.M. COMMUNITY DEVELOPMENT 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, March 7, 1994, at 6:00 P.M. in the Council Chambers, Room #205, 307 West Dallas Road, Grapevine, Texas, with the following members present to wit: Charles Giffin Patti Bass Randy Howell Ery Meyer Chris Coy Carl Hecht Jeff Wood Chairman Vice Chairman Secretary Member Member Ist Alternate 2nd Alternate constituting a quorum. Also present was City Council Representative, Gil Traverse, and the following City Staff: Greg Wheeler Marcy Ratcliff Teresa Wallace CALL TO ORDER Building Official Planner Planning Secretary Chairman, Charles Giffin, called the meeting to order at approximately 6:00 P.M. NEW BUSINESS The first item of new business was for the Board of Zoning Adjustment to consider BZA94-04, submitted by William Rich, who is requesting variances for the property located at 3835 Kelsey Court, platted as Lot 7, Block 2, Woodland Estates Addition, Grapevine, Texas. 0 BZA MINUTES 3/7/94 The following requests are to the Grapevine Comprehensive Zoning Ordinance 82-73: Section 13.G.3., R-20 Single Family District Regulations, requires a fifteen (115) foot side yard. Section 13.G.6., R-20 Single Family District Regulations, requires a minimum distance between buildings on adjacent lots of not less than thirty (30) feet. The first request is to allow a five (5) foot variance to the required side yard setback for the principal structure as shown on the plot plan. If approved, it would allow a ten (10) foot side yard setback for the principal structure. The second request is to allow a seven (7) foot variance to encroach the thirty (30) foot minimum distance required between buildings on adjacent lots as shown on the plot plan. If approved, it would allow a twenty three (23) foot separation between the proposed structure and an existing structure on an abutting lot. The third request is to allow a four (4) foot variance to the required side yard setback for the accessory structure as shown on the plot plan. If approved, it would allow a ten (10) foot side yard setback for the accessory structure. Greg Wheeler, Building Official, explained that Mr. & Mrs. Rich purchased the property with the existing house in place as shown on the plot plan. Further, he explained the applicant is proposing to build an accessory structure at the rear of the back yard. The owners have located the accessory building site as far from the property line as possible without encroaching the drip line of the existing mature oak trees. Mr. William Rich was sworn in to address any questions from the Board. He stated his purpose was to gain additional storage space but did not want to interfere with the trees in the rear yard. He also stated he wanted to maintain an equal distance between his accessory building and the one in the adjacent yard. With no one to speak to the request, one letter for and one against the request, Chris Coy moved to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None K BZA MINUTES 3/7/94 Patti Bass moved that a special condition did exist to Section 13.G.3. and that being the current owners purchased the house as shown on the plot plan. Also, a special condition does exist to Section 13.G.6. and that being the property owners are trying to save mature oak trees by locating the accessory structure closer to the property line than is allowed by ordinance. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None Patti Bass, with a second by Chris Coy, moved to approve the variance requests for Lot 7, Block 2, Woodland Estates Addition, addressed as 3835 Kelsey Court, Grapevine, Texas to the Grapevine Comprehensive Zoning Ordinance 82-73; Section 13.G.3. to allow a four (4) foot encroachment for the accessory structure to allow an eleven (11) foot side yard setback and a five (5) foot encroachment for the principal structure into the required side yard setback to allow a ten (10) foot side yard setback for the house with a seven (7) foot encroachment into the thirty (30) foot minimum distance required between buildings on adjacent lots to allow a twenty three (23) foot separation between the proposed structure and an existing structure on an abutting lot. The prevailing vote was as follows: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None Next for the Board of Adjustment to consider was BZA94-07 submitted by Darrell Griffin requesting variances to the Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 42, Shorecrest Acres Addition and addressed as 1801 Anglers Plaza, Grapevine, Texas. Greg Wheeler, Building Official, explained that Darrell Griffin is proposing to build a new home on the vacant lot at 1801 Anglers Plaza. Mr. Griffin came before the Board of Zoning Adjustment (BZA85-46) asking for variances to the front and rear yard setbacks. However, Mr. Griffin did not build the floor plan he presented at that time. He has revised the floor plan so the variances granted in 1985 are no longer applicable because they were tied directly to the original floor plan. The following requests are to the Grapevine Comprehensive Zoning Ordinance 82-73: 3 BZA MINUTES 3/7/94 Section 15.G.1. Single Family District Regulations which requires a thirty (30) foot front yard setback. Section 15.G.2. Single Family District Regulations which requires a twenty five (25) foot rear yard setback. The first request is to Section 15.G.1. Single Family District Regulations to allow ten (10) foot variance to encroach the thirty (30) foot front yard setback as shown on the plot plan. If approved it would allow a twenty (20) foot front yard setback. The second request is to Section 15.G.2. Single Family District Regulations is to allow an eleven foot variance to encroach the twenty five (25) foot rear yard setback as shown on the plot plan. If approved it would allow a fourteen (14) foot rear yard setback. Darrell Griffin, 614 Fiesta, Irving, Texas took the oath of truth and requested the Board approve his requests and refund his application fee since he had already received variances in 1985 for the property. A copy of Mr. Griffin's original floor plan was passed around so the Board could ascertain if those variances were still applicable. The Board agreed with the Building Official that those variances were no longer applicable because he had changed his house plans and was not asking for the same amount of footage on both the front and rear yard setbacks. During the discussion it was determined that Mr. Griffin only needed a nine (9) foot rear yard setback as shown on the plot plan. With no other guests present to speak and two letters of support, Chris Coy moved to close the public hearing. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None Randy Howell moved that a special condition did exist for the requests and that being the lots in the Shorecrest Acres subdivision were platted with a shallow lot depth. Chris Coy seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None 0 BZA MINUTES 317194 Randy Howell moved, with a second by Chris Coy, to approve the variance requests to the Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 42, Shorecrest Acres Addition addressed as 1805 Anglers Plaza, Grapevine, Texas to allow a ten foot variance to the required thirty (30) foot front yard setback which would allow a twenty (20) foot front yard setback and to allow a nine (9) foot variance to the required twenty five (25) foot rear yard setback which would allow a sixteen (16) foot rear yard setback as shown on the plot plan with the prevailing vote as follows: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None Next for the Board of Adjustment to consider was BZA94-08 submitted by Jerry Gilbert for Trencor Jetco, Inc. who is requesting variances for the property located at 1400 State Highway 26, legally described by metes and bounds survey out of the William K. Payne Survey, Abstract No. 1211, Grapevine, Texas The following requests are to the Grapevine Comprehensive Zoning Ordinance 82-73, A special exception to Section 43.E.3., Nonconforming Uses and Structures Regulations, which provides the Board of Zoning Adjustment the authority to allow expansion of a nonconforming structure. The special exception request is to allow the expansion of th existing nonconforming structure as shown on the plot plan. If approved it would allow an expansion which would not tend to prolong the life of the existing nonconforming use. A special exception to Section 43.G.1., Nonconforming Uses and Structures Regulations, which provides the Board of Zoning Adjustment the authority to allow nonconforming structures to be rebuilt. The special exception is to allow the structure to be considered a legal conforming structure, which would allow rebuilding of any or all of the structure as shown on the plot plan. If approved, the building will be considered a legal conforming structure and the owner will have the ability to rebuild the structure as built, if it is damaged or demolished. A variance to Section 54, Masonry Requirements, which requires principal structures to have seventy (70) percent masonry construction. The variance request is to allow one hundred (100) percent variance to the masonry requirements. If approved, it would allow a zero (0) percent of masonry on any expansions to the existing building. BZA MINUTES 3/7/94 Greg Wheeler, Building Official, explained that Trencor Jetco is moving into the old Harris Graphics Building and would like to expand the existing building as shown on the plot plan. The proposed expansions are for a manufacturing building and a spray paint booth. Trencor Jetco manufactures specialized trenching equipment and will need more space for the equipment. Although the existing building met the requirements of the zoning ordinance when constructed in 1979 the district now requires a seventy (70) percent masonry exterior. They are requesting a variance from the masonry requirement so the proposed expansion will match the original exterior building materials. Steve Gude, Shawn Engineering/Environmental Corp, 1502 Houston Street, Grand Prairie, Texas 75050, representing Trencor Jetco, Inc. was sworn in to answer any questions from the Board. Mr. Gude told the Board that Trencor Jetco is requesting the existing nonconforming structure to be considered a legal conforming structure which would allow rebuilding of any or all of the structures if damaged or demolished. With no other guests to speak and one letter of support, Patti Bass moved with a second by Chris Coy, to close the public hearing. The vote was as follows: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None Chris Coy moved that a special condition did exist and that being the current owners purchased the property with the existing structure as currently shown on the plot plan. These expansions will not tend to prolong the life of the structure. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None Chris Coy moved, with a second by Ery Meyer, to approve the request for a special exception to the Grapevine Comprehensive Zoning Ordinance 82-73 for 1400 State Highway 26, legally described by metes and bounds survey out of the William K. Payne Survey, Abstract No. 1211, Grapevine, Texas to allow the expansion of the existing nonconforming structure which would allow an expansion which would not tend to prolong the life of the existing structure; a special exception to allow the structure to be considered a legal conforming structure, which would allow rebuilding any or all of the structures shown on the plot plan if damaged or destroyed; and to allow a one hundred (100) percent variance to the masonry requirements allowing a zero (0) percent masonry on any expansions to the existing building to match the existing building which prevailed by the following vote: 0 BZA MINUTES 317194 Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None BZA94-09 - LONESOME DOVE TEXAS Next for the Board of Zoning Adjustment to consider was BZA94-09 submitted by Gary Schragin and Scott Ritzman for Lonesome Dove, Texas addressed as 2299 Lonesome Dove Road, Grapevine, Texas and legally described by metes and bounds survey out of the J. J. Dwight Survey, Abstract No. 455. The following request is to the Grapevine Comprehensive Zoning Ordinance 82-73: A special exception request to Section 43.E.3., Nonconforming Uses and Structures Regulations provides the Board of Zoning Adjustment the authority to allow expansion of a nonconforming use or structure. The special exception request is to allow the expansion of the existing building with a wooden deck on the east end of the building as shown in Exhibit C. If approved, it would allow a twenty five (25) foot by one Hundred (100) foot wooden deck to be placed adjacent to the east end of the existing building. Greg Wheeler explained the property is a commercial business located in the newly annexed area of northwest Grapevine. All properties annexed into the city automatically become "R-20" Single Family Residential zoning. The applicants were not represented at the hearing. Mrs. Jane Feuchter of 30055 Midway Road, Southlake, Texas, a neighbor to the property, was present to ask questions regarding outside noise such as bands playing on the proposed deck that would disturb her. Board members discussed the possible uses of the proposed deck and if live music would be allowed. Mr. Wheeler stated the size of the deck would prohibit space necessary for bands. Board members discussed the noise problem would be addressed by the police department and could not be mandated by the Board of Zoning Adjustment. Chris Coy moved, with a second by Ery Meyer, to close the public hearing which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Meyer, Coy, Nays: None 7 BZA MINUTES 3/7/94 Chris Coy moved, with a second by Randy Howell, that a special condition did exist and that being the current owners of the existing commercial business are located in a newly annexed area of the City of Grapevine, and when annexed into the City, the annexed property automatically entered the City as R-20 Single Family Residential zoning. The vote prevailed by the following: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None Chris Coy moved, with a second by Ery Meyer, to approve the request for a special exception to the Grapevine Comprehensive Zoning Ordinance 82-73 for 2299 Lonesome Dove Road, legally described by metes and bounds survey out of the J. J. Dwight Survey, Abstract No. 455, Grapevine, Texas, to allow a twenty five (25) foot by one hundred (100) foot wooden deck to be placed adjacent to the east end of the existing building which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Meyer, Coy Nays: None BZA94-05 - RANDY HOWELL Next for the Board of Zoning Adjustment to consider was BZA94-05 submitted by Randy Howell, who is requesting variances for the property located at 129 Wildwood Court, Lot 8, Marshall Estates Addition. Board Member, Randy Howell, declared a conflict of interest because he owns the property to be considered on BZA94-05. The following requests are to the Grapevine Comprehensive Zoning Ordinance 82-73: Section 18.G.1., R-3.75, Three and Four Family District Regulations which requires a thirty (30) foot front yard setback. Section 18.J./56.C1., R-3.75 Three and Four Family District Regulations requires off- street parking of 2.5 spaces per dwelling unit. The first request is to allow a five (5) foot variance to encroach the required thirty (30) foot front yard setback. If approved it would allow a twenty five (25) foot front yard setback. The second request is to allow a reduction in parking of 0.5 parking spaces per dwelling unit from the required 2.5 parking spaces per unit. If approved it would allow 2.0 parking spaces per dwelling unit. 0Z BZA MINUTES 3/7/94 Greg Wheeler, Building Official, explained that Mr. Howell had purchased the existing platted lot which was developed under City Ordinance 70-10 and met the existing criteria as currently shown on the plot plan. The property is an irregular shaped and shallow depth lot making it difficult to provide 2.5 parking spaces per dwelling unit behind the building line. Mr. Howell is proposing to provide parking aprons in front of each unit. Mr. Randy Howell, of 2842 Placid Circle, Grapevine, Texas took the oath of truth to answer any questions relative to the request. Mr. Howell explained to the Board he had approached the Planning & Zoning Commission regarding the parking space problem on these odd shaped lots developed under the old zoning ordinance. He stated the Commission had advised him to seek variances for the parking space requirements from the Board of Zoning Adjustment. Further, he told the Board he was trying to develop properties with garages because prospective tenants have told him they need space to store their things. With no guests to speak, or any letter for or against the request, Ery Meyer, with a second by Patti Bass, moved to close the public hearing which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Abstain: Howell Patti Bass moved, with a second by Ery Meyer, that a special condition did exist to Section 18.G.1., R-3.75 and that being the current owner purchased the existing platted lot which was developed under City Ordinance No. 7-10 and met the existing criteria as currently shown on the plot plan and the special condition for the second request is the irregular shaped and shallow depth of the lot makes it impossible to provide 2.5 parking spaces per dwelling unit required to be behind the building line. The vote prevailed as follows: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Abstain: Howell Patti Bass moved, with a second by Ery Meyer, to approve the request for Lot 8, Marshall Estates, addressed as 129 Wildwood Court, Grapevine, Texas to allow a five (5) foot variance to encroach the thirty (30) foot front yard setback as shown on the W BZA MINUTES 3/7/94 plot plan allowing a twenty five (25) foot front yard setback, and to allow a reduction of 0.5 parking spaces per dwelling unit to allow 2.0 parking spaces per dwelling unit as shown on the plot plan which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Abstain: Howell i EGVA1 Next for the Board of Adjustment to consider was BZA94-06 submitted by Randy Howell requesting a special exception to the Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 5, Northside Addition and addressed as 402 Washington Street, Grapevine, Texas. Randy Howell declared a conflict of interest because he owns the property to be considered on BZA94-06. The following request is for a special exception to Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.13.3. Nonconforming Uses and Structures Regulations which provides the Board of Zoning Adjustment shall have the authority to reinstate a nonconforming use. The special exception request is to allow the structure located at 402 Washington Street, which has been abandoned in excess of six (6) months to be reinstated as a nonconforming single family detached residential use as shown on the plot plan. If approved it would reinstate a single family detached residential use in a R -MF -1 Multifamily district. Randy Howell, 2842 Placid Circle, took the oath of truth and told the Board if the structure is allowed to deteriorate any further it will be required to be demolished. If the house is demolished the lot will become undevelopable and unusable. He also told the Board that ninety (90) percent of the lots in the area are single family residences and the other ten (10) percent are vacant lots. With nothing further Patti Bass moved, with a second by Ery Meyer, to close the public hearing which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Abstain: Howell HE BZA MINUTES 3/7/94 Patti Bass moved, with a second by Chris Coy, that a special condition did exist and that being the current structure is considered uninhabitable. If the structure is allowed to deteriorate any further, it will be required to be demolished. The small lot will then become undevelopable and unusable if the current structure is removed. The vote prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Abstain: Howell Patti Bass moved, with a second by Ery Meyer, to approve the request to grant a special exception to the Grapevine Comprehensive Zoning Ordinance 82-73 to allow the structure located at 402 Washington Street, Lot 5, Northside Addition, Grapevine, Texas be reinstated as a single family residential use in a R -MF -1 Multifamily District which prevailed by the following vote: Ayes: Giffin, Bass, Meyer, Coy, Hecht Nays: None Abstain: Howell Next for the Board of Adjustment to consider were the minutes of the February 7, 1994 meeting. Ery Meyer moved, with a second by Chris Coy, to approve the minutes of February 7, 1994 as amended. The vote prevailed as follows: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Abstain: Bass With no further discussion, Chris Coy made a motion to adjourn. Patti Bass seconded the motion which prevailed by the following vote: Ayes: Giffin, Bass, Howell, Meyer, Coy, Nays: None 11 BZA MINUTES 3/7/94 ATTEST: Z RETA IT K OF ZONING DAY OF 1994. APPROVED: m