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HomeMy WebLinkAbout1994-10-03AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, OCTOBER 3, 1994, AT 6:00 P.M. COURT ROOM/COUNCIL CHAMBERS, #205 307 WEST DALLAS ROAD GRAPEVINE, TEXAS I. CALL TO ORDER II. OATH OF TRUTH III. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-35, SUBMITTED BY ABUNDANT LIFE ASSEMBLY OF GOD CHURCH, AND CONSIDERATION OF SAME. B. :••-r OF • ADJUSTMENT TO CONDUCT HEARING RELATIVE TO:•••r• • ADJUSTMENT CASE BZA94-36, SUBMITTED BY RICHARD PEMBERTON, AND CONSIDERATION OF SAME. C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-37, SUBMITTED BY CHRIS HART, AND CONSIDERATION OF SAME. D. :••-r OF ZONINGADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO:•• -r• • ADJUSTMENT CASE SUBMITTED BY STEVEN RHODES,AND CONSIDERATION OF SAME. E. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA94-39, SUBMITTED BY MARK JOHNSON, AND CONSIDERATION OF SAME. IV. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE SEPTEMBER 8, 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 TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq. ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARD OF ZONING ADJUSTMENT MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 30TH DAY OF SEPTEMBER, 1994 AT 5:00 P.M. DID aglaaiwa STATE OF TEXAS COUNTY OFTARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening, October 3, 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 constituting a quorum with 2nd Alternate, Jill Davis, absent. Also present was City Council Representative, Gil Traverse, and the following City Staff: Scott Williams Building Official Marcy Ratcliff Planner Gerrie Anderson Administrative Secretary Chairman Charles Giffin called the meeting to order at 6:00 P.M. NEW BUSINESS The first item of new business was for the Board of Zoning Adjustment to consider BZA94-35, submitted by Eddy Brewer, Abundant Life Assembly of God Church, who is requesting a variance for 1520 Wall Street, Tract 3A1 A3, A. Foster Survey. The request is to Grapevine Comprehensive Zoning Ordinance 82-73, Section 60.F.3.a., Sign Regulations, which requires the maximum gross surface area of on -premise signs to be no more than thirty-two (32) square feet in an "R-7.5", Single Family District. The request is to allow a variance of 22.54 square feet increase to the maximum gross surface area of the wall sign on the rear of the church allowing a 54.54 square foot maximum gross surface area on -premise wall sign at the rear of the church as shown on the sign elevation. 1 The special condition for the request is the proposed wall sign faces away from the existing residential uses toward the rear of the Northwest Plaza Shopping Center. Staff recommends approval of the request. Scott Williams explained that staff became aware of the oversized sign through the permit application process. A sign permit had not been issued when the Building Inspection Department was notified about the size of the sign being installed on the rear of the church. Chet Foraker, representative for Abundant Life Assembly of God, took the Oath of Truth and explained it would be appreciated if the Board recommended approval of the case. With no one else to speak either for or against the request, Chris Coy made a motion to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis After brief discussion, Carl Hecht made a motion that a special condition did exist and the special condition being the proposed wall sign faces away from existing residential uses toward the rear of the Northwest Plaza Shopping Center which is zoned HC, Highway Commercial. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis Carl Hecht then made a motion to grant the variance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 60.F.3.a., Sign Regulations to allow a variance of a 22.54 square feet increase to the maximum gross surface area of the wall sign on the rear of the church, allowing a 54.54 square foot maximum gross surface area on - premise wall sign at the rear of the church as shown on the sign elevation. Chris Coy seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis Q 0 The item of new business was for the Board of Zoning Adjustment to consider BZA94-36, submitted by Richard Pemberton who is requesting variances from Grapevine Comprehensive Zoning Ordinance 82-73 for 607 Red Bud Drive, Lot 13, Shorecrest Acres. The variances requested are as follows: 1. Section 15.G.1, "R-7.5" Single Family District which requires a thirty (30) foot front yard setback. The request is to allow a five (5) foot variance to the required front yard setback for the proposed house. If approved, the variance would allow a twenty-five (25) foot front yard setback as shown on the site plan. 2. Section 15.G.2., "R-7.5" Single Family District which requires a twenty-five (25) foot rear yard setback. The request is to allow a nine (9) foot variance to the required rear yard setback for the proposed house. If approved, the variance would allow a sixteen (16) foot rear yard setback as shown on the site plan. 3. Section 15.G.5., "R-7.5" Single Family District which requires a one hundred (100) foot depth of lot. The request is to allow a twenty (20) foot variance to the required one hundred (100) foot minimum depth of lot. If approved, the variance would allow an eighty (80) foot minimum depth of lot as shown on the plot plan. Scott Williams explained Mr. Pemberton is proposing to construct a new house containing approximately 1,889 square feet on a vacant lot. The special condition for the first request is the lot was platted in 1951 with a twenty-five (25) foot front yard setback which met the zoning ordinance requirements at the time. Mr. Williams explained the special condition for the second and third requests is the platted lot depth is too shallow to meet the current zoning ordinance requirements. Richard Pemberton of 15710 EI Estado, Dallas, Texas 75248, took the Oath of Truth and explained that with the variance, he will be able to build a nicer home on the lot and for the neighborhood. Virgil Williams of 1708 Dunn Street, Grapevine, and owner of the property, took the Oath of Truth and explained that he had lived in the neighborhood for 32 years and how the size of the house will be nice for the neighborhood. With no one else to speak either for or against the request, Chris Coy made a motion to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis After discussion, Chris Coy made a motion that a special condition did exist and the 3 special condition being the lot was originally platted in 1951 and conformed to the zoning ordinance requirements at that time. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis Chris Coy then made a motion to approve the requested variances to Grapevine Comprehensive Zoning Ordinance 82-73, Section 15.G.1., R-7.5, Single Family District to allow a five (5) foot variance to the required front yard setback for the proposed house, allowing a twenty-five (25) foot front yard setback as shown on the site plan; Section 15.6.2., R-7.5, Single Family District, to allow a nine (9) foot variance to the required rear yard setback for the proposed house, allowing a sixteen (16) foot rear yard setback as shown on the site plan; and Section 15.G.1., R-7.5, Single Family District, to allow a twenty (20) foot variance to the required one hundred (100) foot minimum depth of the lot, allowing an eighty (80) foot minimum depth of lot as shown on the plot plan. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis • The next item of new business was for the Board of Zoning Adjustment to consider BZA94-37, submitted by Chris Hart who is requesting a variance for Lot 4R, Block 2, Grapevine Lake Estates, 3546 Red Bird Lane. The requested variance is from Grapevine Comprehensive Zoning Ordinance 82-73, Section 58.B., Parking and Loading Area Development Standards which requires all off-street parking and loading and drives in all districts to be paved to a minimum standard of four (4) inch concrete with six (6) inches by ten (10) inches gauge mesh or two (2) inch hot mix asphaltic concrete or six (6) inch crushed rock base. The request would allow a 100% variance to the provisions. Scott Williams stated that Staff recommended approval. The special condition for the request is that staff previously approved plans showing a gravel drive. Chris Hart, applicant, took the Oath of Truth and explained when the drawings for construction were submitted, they were approved by the City. He explained that several times he had spoken with a former employee on keeping with the neighborhood by using a gravel drive, Mr. Hart explained the access to his lot crosses another easement. Mr. Hart also requested that the Board consider the last item mentioned on his application; to waive the $100.00 fee because the plans were previously approved by City staff. 0 Marcy Ratcliff explained that the Board could act on the refund of the $100.00 fee, but wanted to note the $100.00 fee went toward notification of property owners within 200 feet of this property and for the newspaper notice. Carl Hecht mentioned that in the past no refunds have been given in cases where staff made mistakes and this might start a precedent. Mr. Hart added that he discussed this matter in good faith with the Fire Marshall to make sure access to the lot was alright and that the plans did state gravel drive. Randy Howell, who abstained from voting, read an approval letter from a neighbor noting if the drive were paved, the public would use it thinking it was an extension of Red Bird Lane. With no one else to speak either for or against the request, Chris Coy made a motion to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Meyer, Coy, Hecht, Wood Nays: None Absent: Davis Abstain: Howell There was discussion about the drive being paved and who actually owns the easement. Marcy Ratcliff pulled the plat to see if the owner of the easement was shown on the plat. The plat only showed it to be an access easement only. Mr. Hart stated that the easement was owned by each individual property owner. After further discussion concerning the case, Chris Coy made a motion that special conditions did exist and the special conditions being the rural nature of the neighborhood would allow for a gravel drive and would be relatively uniform with the neighborhood as it exist; additionally the proximity of the driveway to the end of Redbird Lane should appear to be a drive rather than an extension of the street and the gravel would enhance that appearance versus concrete. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Meyer, Coy, Hecht, Wood Nays: Giffin Absent: Davis Abstain: Howell Chris Coy then made a motion to approve the variance to Grapevine Comprehensive Zoning Ordinance 82-73, Section 58.B., Parking and Loading Area Development Standards to allow a 100% variance to the provision, allowing a driveway of gravel. Ery Meyer seconded the motion which prevailed by the following vote: �I Ayes: Meyer, Coy, Hecht, Wood Nays: Giffin Absent: Davis Abstain: Howell The next item of new business for the Board of Zoning Adjustment to consider was BZA 94-38, submitted by Steven Rhodes who is requesting a variance from Grapevine Comprehensive Zoning Ordinance 82-73, for 2928 Ridgewood Drive, legally described as Lot 41, Block 17, Oak Creek Estates. The variance is to Section 15.G.1., R-7.5, Single Family District Regulations which requires a thirty (30) foot front yard setback. The request is to allow a four (4) foot encroachment into the required front yard setback. The approved variance would allow a twenty-six (26) foot front yard setback as shown on the plot plan. Scott Williams explained prior to the closing of the sale of Mr. and Mrs. Rhodes home, they were informed the lender was taking exception to the encroachment shown on the closing survey. Mr. Williams stated the special condition for the request is the house was built over the front building line setback and the encroachment is not the fault of the owner. The house was built in 1977 prior to the implementation of setback inspections. With no one to speak either for or against the request, Chris Coy made a motion to close the public hearing. Randy Howell seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis Chris Coy then made a motion that a special condition did exist and the special condition being the house is already existing and the house was built in 1977 prior to the implementation of setback inspections. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis Chris Coy made a motion to approve the variance request to Grapevine Comprehensive Zoning Ordinance 82-73, Section 15.G.1., R-7.5, Single Family District to allow a four (4) foot encroachment into the required front yard setback, allowing a twenty-six (26) foot front yard setback as shown on the plot plan. Carl Hecht seconded the motion which prevailed by the following vote: n. Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis BZA94-39 - MARK JOHNSON The last item of new business was for the Building Board of Appeals to consider BZA 94-39, submitted by Mark Johnson who is requesting variances to Grapevine Comprehensive Zoning Ordinance 82-73, for 3012 Lakeview Drive, legally described as Lot 2, Block 2, Shoreview Estates. The requested variances are as follows: Section 15.B.4., R-7.5, Single Family District Regulations which requires a six (6) foot side yard setback. The request is to allow a six (6) foot variance to the side yard requirement for an accessory structure. Section 43.C.3., Supplementary District Regulations for Accessory Buildings, requires accessory structures to be located at least ten (10) feet from any dwelling on the same lot or any adjacent lot. Scott Williams explained that staff could find no special condition for the requests. Staff feels Mr. Johnson could build an accessory structure in compliance with current zoning ordinance requirements. Mark Johnson, applicant, took the Oath of Truth and explained that he liked the neighborhood because he would be able to house his boat and the appearance would be more appealing to the neighborhood., Mr. Johnson explained if he built the structure according to the zoning laws, the building would have to be moved in the middle of his back yard. Jack Short of 3022 Lakeview, Grapevine, took the Oath of Truth and explained that his property adjoins Mr. Johnson's property. Mr. Short did explain they have windows across the back of their house and if Mr. Johnson moves the structure to the back, they would be able to see if from their house. Mr. Short noted that Mr. Johnson has made every effort to make the structure aesthetically pleasing to the neighborhood. Charles Paynter of 3104 Lakeview, Grapevine, took the Oath of Truth and stated that from view of the neighborhood this was something he was in favor of and feels should be approved by the Board. Dorothy Koopmann of 2035 Hillcrest Court, Grapevine, took the Oath of Truth and expressed concern on what type of roof Mr. Johnson would use and if it could be a fire hazard. With no one else to speak for or against the request, Ery Meyer made a motion to - close the public hearing. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis Mr. Johnson explained the roof would be asbestos, flat and would taper to the rear. Mr. Johnson noted he had talked to Dick Ward, Fire Marshall and Mr. Ward's major concern was accessibility to his back yard. Mr. Johnson also stated that he had no problem complying to the fire code and there would be no plumbing or electrical installed. Charles Giffin explained that he could not find a special condition but feels there are alternatives. Randy Howell made a motion that a special condition did not exist. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis MINUTES Next the Board of Zoning Adjustment considered the minutes of the September 8, 1994, meeting. Randy Howell noted he had made a request at the last meeting that he wanted to resign his post as Vice Chairman of the Board of Zoning Adjustment. Randy Howell then made a motion to resign his post as Vice Chairman. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis • • then nominated Chris Coy as Vice Chairman. Ery Meyer seconded tllrz� motion which prevailed by the following vote: I Ayes: Giffin, Howell, Meyer, Coy, Hecht, Wood Nays: None Absent: Davis After the Board discussed a few discrepancies with the minutes, Ery Meyer made a motion to accept the minutes as amended. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis M MISCELLANEOUS DISCUSSION Marcy Ratcliff informed the Board of all new commercial activity planned for the Towne Center Addition. ADJOURNMENT With no further discussion, Chris Coy made a motion to adjourn. Carl seconded the motion which prevailed by the following vote: Ayes: Giffin, Howell, Meyer, Coy, Hecht Nays: None Absent: Davis The meeting was adjourned at 7:50 p.m. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THIS THE %. DAY OF ��% , 1994. CHAIRMAN ATTEST: CRETARY