HomeMy WebLinkAbout1997-11-06AGENDA
CITY OF GRAPEVINE
BOARD OF ZONING ADJUSTMENT MEETING
MONDAY EVENING, OCTOBER 6, 1997, AT 6:00 P.M.
CITY HALL COUNCIL CHAMBERS, 2ND FLOOR
200 SOUTH MAIN STREET
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 BZA97-26,
SUBMITTED BY PATRICIA A. AVANTS FOR 4202 MEADOW DRIVE,
AND CONSIDERATION OF SAME.
IV. MINUTES
BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE
AUGUST 4, 1997 AND SEPTEMBER 8, 1997, MEETINGS.
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 DEVELOPMENT SERVICES AT (817) 410-3155 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 3RD DAY OF
OCTOBER, 1997 AT 5:00 P.M.
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DIRECTOR OFD L PMENT SERVICES
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF GRAPEVINE
The Board of Zoning Adjustment for the City of Grapevine, Texas met on Monday evening,
October 6, 1997, at 6:00 P.M. in the Council Chambers, 2nd Floor, 200 South Main Street,
Grapevine, Texas, with the following members present to wit:
Randy Howell
Carl Hecht
Ery Meyer
Dennis Luers
Russell Anderson
Ron Cook
Kip Bruner
Chairman
Vice -Chairman
Secretary
Member
1 st Alternate
2nd Alternate
3rd Alternate
constituting a quorum with Member Jill Davis absent. Also present were the following City
Staff:
Joann Stout
Scott Williams
Mike Butler
Stan Lowry
Gerrie Anderson
Planner
Building Official
Code Enforcement Officer
City Attorney
Secretary
Chairman Randy Howell called the meeting to order at 6:00 P.M.
NEW BUSINESS
BZA97-26 PATRICIA A. AVANTS
Ms. Avants requested an appeal of staffs interpretation to Grapevine Comprehensive
Zoning Ordinance 82-73 for Lot 2, Block 3, Meadows Addition and specifically addressed
as 4202 Meadow Drive. The request was to Section 12.70., Customary Home
Occupation which requires an occupation customarily carried on in the home by a
member of the occupant's family without structural alterations in the building or any
of its rooms and without the installation of machinery or additional equipment other
than that customary to normal household operations, provided that no person other
than a member of the family of the owner or the user of the principal single-family
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dwelling shall be employed or work in or at such home occupation. A customary
home occupation shall not include the physical or medical treatment of persons or
animals, professional services, business services, barbershops, beauty shops, dance
studios, carpenter shops, electrical shops, plumber shops, radio shops, auto repairing
or painting, furniture repairing, or sign painting.
The applicant requested an interpretation by the Zoning Board of Adjustment which
would determine whether or not her business should be classified a "Customary Home
Occupation".
Ms. Stout, City Planner, explained that Ms. Avants' attorney had been working with the
City's attorney concerning the employment of an outside employee. Ms. Avants explained
that an agreement had been worked out and the Board did not need to rule on the case
due to the fact that an agreement had been reached.
David Spoede, attorney for the applicant, of 14840 Landmark Boulevard, Suite 220,
Dallas, Texas, 75240, took the Oath of Truth and explained that Ms. Avants had
committed that she would have no employee working at her embroidery business at
her home. Mr. Spoede also explained that based on that representation, they were
withdrawing their letter of appeal. Mr. Spoede noted that Ms. Avants would be
applying for a building permit for the enclosure of her garage.
Stan Lowry, City Attorney for the City of Grapevine, took the Oath of Truth and
explained that in reviewing the ordinance for Customary Home Occupations, the key
factor was outside employment. Mr. Lowry explained that there was no longer an
issue with an outside employee and was in agreement with Ms. Avants' attorney.
Mr. Lowry stated for the record that the letter dated October 3, 1997, from Mr.
Spoede, documented that Ms. Avants was now in compliance and that no action was
required on this item because the applicant had withdrawn the appeal.
With no one else to speak either for or against the request, Carl Hecht made a motion
to close the public hearing. Ery Meyer seconded the motion which prevailed by the
following vote:
Ayes:
Howell, Hecht, Meyer, Luers,
Nays:
None
Absent:
Davis
Chairman Randy Howell stated that based on City Staff testimony there was no need
for an interpretation on Case BZA97-26 and there would be no further action taken
by the Board toward the case.
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Scott Williams noted that 150 spaces in the Mills Mall were under construction, Off
Saks Fifth Avenue had started stocking the store and J. C. Penny's had started
stocking. Mr. Williams also noted that the permit was issued for Tres Hombres
Restaurant and the foundation permit was issued for Michaels.
Randy Howell asked about Ms. Avants off-street parking since the garage was
enclosed for her embroidery business.
Mr. Williams explained that Ms. Avants' house had a rear entry garage and would not
need to come back before the Board for a variance for the off-street parking.
Ron Cook stated that this case should never have been brought before the Board of
Zoning Adjustment.
Mr. Williams explained that Ms. Avants did not request a variance, but was asking
the Board to rule on whether or not she was a legal home occupation. Mr. Williams
explained that any applicant has the right to ask the Board to provide a ruling on a
Staff interpretation.
Mr. Cook suggested that the Planning and Zoning Commission should review the
home occupation definition to make it more enforceable.
Next the Board of Zoning Adjustment considered the minutes of the August 4, 1997, and
the September 8, 1997, meetings.
Ery Meyer made a motion to accept the minutes of the August 4, 1997, meeting. Carl
Hecht seconded the motion which prevailed by the following vote:
Ayes: Howell, Hecht, Meyer, Luers, Anderson
Nays: None
Absent: Davis
Ery Meyer then made a motion to accept the minutes of the September 8, 1997, meeting.
Carl Hecht seconded the motion which prevailed by the following vote:
Ayes: Howell, Hecht, Meyer, Luers, Anderson
Nays: None
Absent: Davis
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With no further business, Carl Hecht made a motion to adjourn. Dennis Luers seconded
the motion which prevailed by the following vote:
Ayes: Howell, Hecht, Meyer, Luers, Anderson
Nays: None
Absent: Davis
The meeting was adjourned at 6:20 P.M.
PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY
OF GRAPEVINE, TEXAS, ON THIS THE 3RD DAY OF NOVEMBER, 1997.
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