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HomeMy WebLinkAbout1994-09-08AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING THURSDAY EVENING, SEPTEMBER 8, 1994, AT 6:00 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS III. NEW BUSINESS A. :••-r OF • ADJUSTMENT TO CONDUCT A - • HEARINGRELATIVE TO:•=•r• • ADJUSTMENT CA BZA94-28, SUBMITTED BY LUTHER BERNSTEIN, AN CONSIDERATION OF B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-30, SUBMITTED BY LANNY WILKINSON, AND CONSIDERATION OF SAME. C. :•••r OF • ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVEO BOARD OF ZONINGADJUSTMENT ••4SUBMITTED BY NEAL WESTER, AND CONSIDERATION OF D. :•••r OF • ADJUSTMENT TO CONDUCT A - • HEARINGRELATIVE TO:•••r• • ADJUSTMENT : r BY BEVERLY BARTLEY, ANr CONSIDERATION OF E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-33, SUBMITTED BY DAVID JENNE, AND CONSIDERATION OF SAME. IV. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE AUGUST 1, 1994 MEETING. V. MISCELLANEOUS REPORTS AND/OR DISCUSSION VI. 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 COMMUNITY DEVELOPMENT AT (817) 481-0377 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH ARTICLE 6252-17, V.A.T.C.S., AS AMENDED BY CHAPTER 227, ACTS OF THE 61ST LEGISLATURE, REGULAR SESSION, THE BOARD OF ZONING ADJUSTMENT REGULAR MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 2ND DAY OF SEPTEMBER, 1994, AT 5:00 P.M. i COMMUNITY DEVELOPMENT O. STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Thursday evening, September 8, 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 Chairman Randy Howell Vice Chairman Ery Meyer Secretary Chris Coy Member Carl Hecht Member Jeff Wood 1 st Alternate Jill Davis 2nd Alternate constituting a quorum. Also present was City Council Representative, Gil Traverse, and the following City Staff: Marcy Ratcliff Teresa Wallace Scott Williams Planner Planning Secretary Building Official Chairman, Charles Giffin, called the meeting to order at approximately 6:05 P.M. NEW BUSINESS The first item for the Board of Zoning Adjustment to consider was BZA94-28 submitted by Luther Bernstein who is requesting a variance to the Grapevine Zoning Ordinance 82-73 for property located at 2350 William D. Tate Avenue, legally described as Lots 1 & 2, Block 1, Grayson/121 Addition, and addressed as 2350 William D. Tate Avenue as follows: Section 56.C.8., Off -Street Parking Regulations, which requires one parking space per 100 square feet of enclosed floor area for recreational, social and entertainment uses (skating rink). If approved, it would allow a reduction in parking of 301 parking spaces for the proposed skating rink development to allow a total of 157 parking spaces. i1 BZA Minutes 9/8/94 Marcy Ratcliff explained Section 56.C.8., Off -Street Parking Regulations, would require a total of 458 parking spaces for the skating rink. The applicant contends a skating rink will typically require fewer parking spaces than other indoor recreational uses. The applicant believes the required number of parking spaces are excessive and conducted a parking survey of several cities in the area to compare parking space requirements for skating rinks. He states that many of his patrons are children who are dropped off at the skating rink by their parents, or come in large groups accompanied by very few adults. After receiving a copy of the survey Staff conducted an independent survey of surrounding cities that have skating rinks. After comparison of the surveys were complete Staff concluded the Ordinance does require an excessive amount of parking for this type use. Luther Bernstein was sworn in to speak to the request. Mr. Bernstein told the Board of Zoning Adjustment that no skating rinks have been built in the metroplex area in the last six years, except one under construction at this time in Arlington. He proposes to build a 47,000 square foot building that will house two rinks, of which one will be for inline skating. He also plans to have a store for skate equipment and storage across the rear of the building. He told the Board that he had been operating a rink in Lewisville for approximately twelve years and his expectations for a typical Friday or Saturday night would be 200 to 300 patrons under fifteen years of age. Mr. Earl Hightower, 2947 Oak Forest Drive, spoke against reducing the number of parking spaces for the skate rink use. Mr. Wade Giles, 2733 Springhill Drive, spoke against the request. Mr. John Doughty, 3026 Columbine, a Coach for an inline hockey team spoke in favor of the request. Mr. Mike Vouklizas, 6331 Brownlee, was sworn in to address the request. Mr. Vouklizas explained that he was a partner in the proposed rink. He explained that the average age of skaters was from six to fifteen years of age and that there was a low ratio of parents staying with the kids to skate. He explained the maximum number of skaters would be approximately 1,000 at the most, but in his years of experience he had never seen that kind of attendance at a skate rink. He detailed the layout of the skating rink for the Board explaining that 18,000 square foot of the interior would be for inline skating which would give the kids a place to play hockey games that are so popular now. 0 Mr. Gerald Shannon, 2701 Greenbrook, spoke in opposition to the request. Mrs. Judy Hightower, 2947 Oak Forest, spoke in opposition to the request. Mrs. Beverly Bartley, 607 Riverside, spoke in favor of the request. With no other guests to speak or letters or petitions relative to the request, Chris Coy moved to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Nays: Hecht Board members discussed the disparity between the required number of parking spaces and the number proposed for the use. Some members felt the use is one primarily used by preteen children and that parents do in fact drop the children off at the rink. Parking would then become a come and go use. Chuck Giffin said he had attended the rink in Lewisville and there were no parking problems. Also, the Board felt that many children would attend the rink on bicycle. Chris Coy moved that a special condition did exist and that being a skating rink will typically require fewer parking spaces than other indoor recreational uses and that many of its users are children who are dropped of by their parents, or come in large groups accompanied by very few adults. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Nays: Hecht Chris Coy moved to approve the request to the Grapevine Comprehensive Zoning Ordinance 82-73 for Lots 1 & 2, Block 1, Grayson/121 Addition and addressed as 2350 William D. Tate Avenue to allow a variance to the parking requirements of Section 56.C.8., Off -Street Parking Requirements to allow a reduction of 301 parking spaces for the proposed skating rink development to allow a total of 157 parking spaces. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Nays: Hecht K BZA Minutes 9/8/94 Next for the Board of Adjustment toconsider was BZA94-30, submitted by Lanny Wilkinson who is requesting variances to the Grapevine Zoning Ordinance 82-73 for property located at 2125 Ira E. Woods Avenue, legally described as Lot 3, Block 1, DFW Business Park Addition, Grapevine, Texas as follows: Section 31.6.5., Light Industrial District regulations which requires a thirty foot rear yard setback. The request is to allow a thirty (30) foot encroachment into the required thirty foot rear yard for a hand wash bay along the rear lot line as shown on the site plan. If approved, the variance would allow a zero (0) foot rear yard setback allowing the structure to be on the property line. Section 53.H.2.b., Landscaping regulations which requires a ten foot perimeter landscaped area to be maintained between the property line and the vehicular use area. The request is to allow a ten (10) foot encroachment into the required perimeter landscape requirement along the rear lot line as shown on the site plan. If approved, it would allow a zero (0) foot perimeter landscaping setback at the rear of the lot allowing a vehicular use area adjacent to a property line. Mrs. Ratcliff explained the applicant is requesting variances to expand his proposed development by allowing a hand wash facility to be placed at the rear of the lot directly adjacent to DFW Airport property. He is requesting to eliminate the perimeter landscape buffering requirement to gain more space for his development. Mr. Wilkinson received site plan approval for the proposed gasoline station with a car wash in August. Mr. Wilkinson has resubmitted a Service Station permit request with this variance request to be heard on September 20, 1994 to amend his approved site plan if the Board approves these requests. Also, the Uniform Building Code requires any structure located on the property to have a one hour fire rated wall with no openings and a parapet extending 30 inches above the roof line. Mrs. Ratcliff told the Board that Staff had reviewed the application and could find no special condition for the request. Staff is concerned the applicant is proposing to overdevelop the available space on the lot. Mr. Lanny Wilkinson, 1705 Altacrest Drive, was sworn in to address the request. He explained to the Board that a handwash facility was important to the development so large vehicles and boats could be accommodated. Further, he explained the cross access requirement had reduced the space he needed for the hand wash facility. He told the Board he was now proposing to place it at the rear of the lot adjacent to DFW Airport property which would never be developed. E! BZA Minutes 9/8/94 Mr. J. D. Adams, 5454 Peterson Lane, Dallas, Texas, representing DFW Business Park development at 1101 Ira E. Woods Avenue, spoke in favor of the use but opposed to the rear yard variances allowing a zero (0) foot perimeter landscaped buffer. There were no other guests to speak, letters or petitions for the request. Board members expressed concerns regarding the variance requests. They felt that although the proposed location was adjacent to DFW Airport property there were no guaranties the property would not be developed at some future date. They also discussed the possibility of moving the hand was facility to another location on the lot but considered the parking requirements and turning radius restrictions. Ery Meyer moved to close the public hearing. Chris Coy seconded the motion which prevailed by the following vote. Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None After further discussions, the Board of Zoning Adjustment agreed with Staff that the applicant was trying to overdevelop the available space on the lot and there was no special condition for the request, therefore the request was denied. BZA94-31 - NEAL NESTER Next for the Board of Adjustment to consider was BZA94-31 submitted by Neal Ivester requesting variances to the Grapevine Zoning Ordinance 82-73 for a proposed lot at the corner of Ira E. Woods Avenue and Ball Street containing 1.18 acres in the A. Foster Survey, A-518 and addressed as 800 Ira E. Woods Avenue as follows: Section 31.G.1., "LI" Light Industrial District which requires an average lot width of one hundred (100) feet. The request is a variance to allow the proposed lot a twenty seven (27) foot variance to allow an average lot width of seventy three (73) feet as shown on the site plan. If approved, it would allow an average lot width of seventy three (73) feet. Section 31.G.3., "LI" Light Industrial District which requires a minimum landscaped front yard of thirty (30) feet along Ball Street. The request is a variance to allow the proposed canopy to encroach five (5) feet into the thirty (30) foot landscaped front yard setback and allow display area into the landscaped front yard as shown on the site plan. If approved, it would allow a twenty five (25) foot building setback and display area in the required landscaped area as shown on the site plan. 5 BZA Minutes 9/8/94 Mr. Lou Hillman, 2702 Kimball Road, spoke in favor of the request. He explained the history of the tract and the taking of right-of-way for Dallas Road created a long, narrow, triangular tract almost impossible to develop. Mr. Lowell Wynn, 710 Whispering Oaks, Southlake, Texas spoke in opposition to the request. With no further comments, letters or petitions, Chris Coy moved to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Board members discussed the history of the tract of land. The consensus of the Board was the retail site was a good use of the land and although the tract would require many variances twenty four percent of the tract would be landscaped and building coverage would only be approximately thirty two percent of the total site. Chris Coy moved there was a special condition for all the requests and that being the lot is extremely long and not very wide. The lot is adjacent to two public streets Ira E. Woods Avenue and Ball Street and railroad right-of-way. The property is physically constrained from expanding because of the existing rights-of-way. The property can not physically meet the Zoning Ordinance requirements. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Chris Coy moved to approve the requests to the Grapevine Comprehensive Zoning Ordinance 82-73 for 800 Ira E. Woods Avenue legally described as 1.18 acre in the A. Foster Survey, A-518 and addressed as 800 Ira E. Woods Avenue to allow variances to Section 31.G.1. Light Industrial District, to allow the proposed lot a twenty seven foot variance to allow an average lot width of seventy three feet; Section 31.G.3., Light Industrial District, to allow the proposed canopy to encroach five (5) feet into the required thirty (30) foot landscaped front yard setback to allow a twenty five (25) foot building setback and display area into the landscaped front yard; Section 31.G.4., Light Industrial District, to allow a zero (0) foot side yard building setback along the northern property line and a seven (7) foot side yard along the southern property line; Section 53.1-1.1.c.6., Landscaping Regulations, to allowthe elimination of three plantar islands; Section 53.H.2.b., Landscaping Regulations, to allow a zero (0) foot perimeter landscaping strip adjacent to the parking spaces and h BZA Minutes 9/8/94 dumpster, all as shown on the site plan. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Next for the Board of Zoning Adjustment to consider was BZA94-32 submitted by Beverly Bartley requesting variances to the Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 12A, Block 12, Starr Addition and addressed as 110 South Barton Street as follows: Section 25.G.3., "HC" Highway Commercial District Regulations which requires a 25 foot landscaped front yard setback. The request to Section 25.G.3. is to allow a two (2) foot variance to encroach the required landscaped front yard. If approved, it would allow a twenty three (23) foot building setback. The request to is to allow a twenty three (23) foot variance to encroach the required landscaped front yard. If approved, it would allow a two (2) foot landscaped front yard. Section 53.H.2.b., Landscaping Regulations which requires a ten (10) foot perimeter landscaping strip between the parking area and the property line. The request is to allow along the north property line a seven (7) foot variance and along the western property line a seven and one-half (7.5) foot variance and along the southern property line a seven and one-half (7.5) variance for perimeter landscaping strip. If approved it would allow a three (3) foot perimeter landscape strip along the northern property line, a two and one (2.5) foot perimeter landscape strip along the western and southern property line. Section 56, Off -Street Parking Requirements which requires beauty shops to provide one parking space per two hundred (200) square feet of gross floor area plus five (5) additional spaces. The proposed beauty shop requires twenty (21) off street parking places. The request is to allow a variance of three (3) off street parking spaces. If approved, it would allow the development of only eighteen (18) parking spaces. Section 54, Masonry Requirements which stipulates at least seventy (70%) percent exterior walls must be constructed of brick, stone, or other masonry materials. The request is to allow a one hundred (100%) percent variance to the required seventy (70%) exterior masonry requirement. If approved, it would allow a zero (0%) percent masonry walls. BZA Minutes 9/8/94 Marcy Ratcliff, City Planner, told the Board the applicant, Beverly Bartley, was proposing to build a replica of the Lucas House on the vacant lot to be used as a beauty shop. Mr. Ron Emrich, Heritage Foundation Director, reviewed the proposed building elevations and recommended approval of the variance request for the 70% masonry requirement. Mr. Emrich feels the replica of the historic house would meet the guidelines of historic downtown Grapevine at the turn of the century. Mr. Tim Lancaster, 2010 Forest Hill Road, was introduced to speak to the request. He told the Board that Beverly Bartley was on the Board of the Heritage Foundation and was requesting to build a frame two story structure similar in appearance to the home formerly located on the DFW Airport property. Mr. Mike Ware, 1303 Bellaire Drive, was introduced to speak to the parking and landscaping issues of the request. Mr. Ware told the Board that the vacant lot was constrained from expansion because it is surrounded on all four sides and other types of types of uses on the lot would require some of the same variances. Beverly Bartley, 607 Riverside, was introduced to speak to the request. She told the Board she want to replicate the victorian style Lucas Home in character with the guidelines of the historic preservation movement of the City of Grapevine. With no further guests to speak to the request and one letter relative to the request, Chris Coy moved to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None The special condition for the first three requests is the existing lot contains 11,086 square feet and is surrounded by development on all four sides. The property is bounded by The Bungalow retail development and a single family residence on the south, Pizza Inn to the west, Sonic on the north and Barton Street on the east. The property can not be enlarged. Other possible proposed developments on this property would need some of these very same variances. The special condition for the fourth request is replication of a historic Grapevine structure is encouraged in the design guidelines of the Main Street and College Street Historic Subdistrict. Given this proposed site is located within the original township of Grapevine, this design is consistent with those preservation goals. Chris Coy moved to approve the requests for variances to the Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 12A, Block 12, Starr Addition and 9 BZA Minutes 9/8/94 addressed as 110 South Barton Street to Section 25.G.3. Highway Commercial District regulations allow a twenty three (23) foot building setback and a twenty three (2) foot landscaped front yard; Section 53.H.2.b., Landscaping Regulations to allow a three (3) foot perimeter landscaped strip along the northern property line, and a two and one half (2 1/2) foot perimeter landscaped strip along the western and souther property line; Section 56 Off -Street Parking requirements to allow the development of eighteen (18) parking spaces; Section 54, Masonry requirements to allow a zero (0) percent exterior masonry walls, all as shown on the site plan. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Next for the Board to consider was BZA94-33 submitted by David Jenne requesting a variance to the Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 9, Block 10, Oak Creek Estates Addition and addressed as 2952 Oak Forest Drive as follows: Section 15.G.1., "R-7.5" Single Family District Regulations requires a thirty (30) foot front yard setback. The request is to allow a one (1) foot encroachment into the required thirty (30) foot front yard setback as shown on the plot plan. If approved, it would allow a twenty nine (29) foot front yard setback. Marcy Ratcliff, City Planner, explained Mr. and Mrs. David Jenne were notified by the title company there was a one foot encroachment to the front building line shown on the closing survey when purchasing their home. They are requesting a variance to the front yard setback to allow a twenty nine (29) foot setback for the existing house. Staff is recommending approval of the request because the encroachment is not the fault of the owner. With no one to speak to the request, nor letters or petitions, Randy Howell moved to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Randy Howell moved, with a second by Carl Hecht, that a special condition did exist and that being the current owners purchased the existing house as shown on the plot plan and the encroachment is not the fault of the property owners. The motion ce BZA Minutes 9/8/94 Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Randy Howell moved, with a second by Carl Hecht, to approve the request to the Grapevine Comprehensive Zoning Ordinance 82-73 for Lot 9, Block 10, Oak Creek Estates Addition and addressed as 2952 Oak Forest Drive to Section 15.G.1. R-7.5 Single Family District to allow a twenty nine foot front yard setback. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None MINUTES - AUGUST 1, 1994 Next for the Board to consider were the minutes of the August 1, 1994 meeting. Carl Hecht moved, with a second by Chris Coy, to approve the minutes as amended. The motion prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None MISCELLANEOUS Marcy Ratcliff, City Planner, directed the Board's attention to the letter from the City Attorney, John Boyle, to emphasize the duties of the Board of Zoning Adjustment member and their legal role in municipal law. Randy Howell stated he would prefer to not serve as Vice Chairman of the Board. He recommended Chris Coy be elected to Vice Chairman in his place. Marcy Ratcliff, Planner, stated she would check the proper procedure for his request and report back to the Board on October 3, 1994. With no further discussion, Chris Coy made a motion to adjourn. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None ill BZA Minutes 9/8/94 The meeting was adjourned at 9:00 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE---5�''Z' DAY OF 1994. ATTEST: ETARY4L; 12