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HomeMy WebLinkAbout1998-04-06AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, APRIL 6, 1998, AT 6:00 P.M. CITY HALL COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS II. OATH OF TRUTH III. OLD BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA98-02, SUBMITTED BY DON AND JACKIE WHITTIER FOR PROPERTY LOCATED AT 204 N. DOOLEY STREET, AND CONSIDERATION OF IV. NEW BUSINESS TIMBERLINEA. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA98-07, SUBMITTED BY DANIELA KAEINI FOR PROPERTY LOCATED AT 3133 DRIVE,• •A • OF B. BOARD OF ZOING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO BOARD OF ZONING ADJUSTMENT CASE BZA98-08, SUBMITTED BY KELLY PEARSON AND TIM LANCASTER FOR PROPERTY LOCATED AT 910 PINE STREET, AND CONSIDERATIONOF V. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE MARCH 2, 1998, MEETING. VI. MISCELLANEOUS REPORTS AND/OR DISCUSSION VII. 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 27TH DAY OF MARCH, 1998 AT 5:00 P.M. LIZ DIRECTOR OF DEVrELOPMENT 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, April 6, 1998, 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 Chairman Carl Hecht Vice -Chairman Ery Meyer Secretary Dennis Luers Member Russell Anderson 1 st Alternate Ron Cook 2nd Alternate Kip Bruner 3rd Alternate constituting a quorum with Member Jill Davis absent. Also present were City Councilmen Roy Stewart, Ted Ware, City Councilwoman Sharron Spencer and the following City Staff. H. T. (Tommy) Hardy Director of Development Services Scott Williams Building Official Ron Stombaugh Planner 11 Gerrie Anderson Secretary 0 0-2 - Chairman Randy Howell called the meeting to order at 6:00 P.M. OLD BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA98-02 - DON & JACKIE WHITTIER 204 NORTH DOOLEY STREET The first item for the Board of Zoning Adjustment to consider was BZA98-02, submitted by Don and Jackie Whittier for property located at 204 North Dooley Street and platted as Lot 1A, Block 6, W.R. Boyd Center Addition. The following requested variances are from Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.E.3., Nonconforming Uses and Structures which allows the Board of Zoning Adjustment to approve the remodeling or enlargement of a nonconforming use or structure. The applicant requested a special exception to allow the existing development to remain as currently developed, and to allow the remodeling and/or expansion of the development. If approved, the special exception would allow the development to remain as currently F 1152EMBOINO a — VMS; j I N �M- MM developed and allow the expansion and/or remodeling of the nonconforming use as shown on the site plan. Section 56.C.8., Off -Street Parking Regulations which requires one off-street parking space be provided per one hundred (100) square feet of enclosed floor area for indoor commercial amusements. The applicant requested a variance of 228 parking spaces to the required 337 spaces needed to meet the off-street parking requirements for 33,688 square feet of enclosed floor area devoted to an indoor commercial amusement (indoor skating facility). If approved, the variance would allow a total of 109 off-street parking spaces on site to be utilized for an indoor skating facility. Mr. Stombaugh explained that Staff found that special conditions existed for the request to Section 43.E.3., since the development is already in place on the site. Mr. Stombaugh explained that the applicant proposes no expansion of any of the structures on the site at this time, nor are any changes/modifications to any of the exterior facades proposed. Mr. Stombaugh explained that modifications would occur within Building #2 to accommodate the various skating concepts outlined by the applicant and the three existing buildings located on the northeast portion of the lot would be used for storage of materials related to the skating facility. Mr. Stombaugh explained that parking would be added to the northern portion of the lot and additional landscaping would be provided. Mr. Stombaugh explained that Staff found no special conditions existed for the variance to the off-street parking regulations. Mr Stombaugh explained that although the applicant provided as much parking as possible on the site, it was still inadequate to meet the demands for off-street parking spaces based on staffs observation of Skate Town. Phil Morley, representing the applicant of 920 S. Main Street, Suite 190, Grapevine, took the Oath of Truth and explained that Mr. Whittier was going to utilize the facility for competitive skating, not the same use as Skate Town, Mr. Morley explained that if the facility was being used as Skate Town, there would not be enough parking. Mr. Morley explained that Mr. Whittiers facility would draw kids 10 to 15 years of age and not young children and their parents. Mr. Morley showed the Board a video of Skate Town's facility and of the Eisenberg's, who own a competitive type skating facility in Plano. Carl Hecht questioned the possibility of remodeling the facility in the future to be used as the same use as Skate Town. Mr. Whittier, applicant, took the Oath of Truth and noted that he did not foresee using the facility for any other skating use. Ery Meyer asked how many more parking spaces would be gained if the other buildings on the property were demolished. Mr. Meyer voiced concern about the shopping center across the street being an overflow area for parking and the danger of kids crossing Dooley Street. Mr. Cook asked the applicant if he would be using the entire area. Mr. Whittier noted that he has a five year lease for the entire area including the other buildings noting that since he was not the owner, he could not demolish the secondary buildings. Ery Meyer made a motion to close the public hearing. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis The public hearing was reopened due to others in the audience requesting to speak. Roy Stewart of 309 Drexel Drive, Grapevine, took the Oath of Truth and noted that the auxiliary buildings on the property would probably be used for something that would require additional parking. Mr. Stewart also explained that the Board of Zoning Adjustment granted a variance for Skate Town, and now there was inadequate parking. Sharron Spencer of 3214 Wintergreen Court, Grapevine, took the Oath of Truth and expressed concern about the parking and noted that there was no guarantee that the competitive skateboarding aspect would have a long term use of the property. Ms. Spencer explained that if the competitive type of skating turned out to not be successful, it would be easy to turn the facility into a skating rink much like Skate Town. Ms. Spencer noted that if the user were to turn it over at the end of five years or at the end of one year to someone else, they could put in a skating rink and would not have sufficient parking. Ms. Spencer suggested the use needed to be in a different location where required parking could be provided. Mr. Whittier noted that he would document in writing his commitment to maintain the competitive skating use. BZA MINUTES APRIL 6, • With no one else to speak either 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: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis After further discussion, Carl Hecht made a motion that no special condition existed for Section 56.C.8., Off -Street Parking Regulations. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis Carl Hecht then made a motion that a special condition existed for Section 43.E.3., Nonconforming Uses and Structures, being the development is already in place on the site and no expansion of any of the structures nor are any changes/modifications to any of the exterior facades proposed. Ron Cook seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis Carl Hecht made a motion to approve the special exception to Section 43.E.3., Nonconforming Uses and Structures, allowing the development to remain as currently developed and allow the expansion and/or remodeling of the nonconforming use as shown on the site plan. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis BZA MINUTES APRIL 6, 1998 TIMBERLINE3133 DRIVE Next the Board of Zoning Adjustment considered BZA98-07, submitted Daniela Kaeini for property located at 3133 Timberline Drive, platted as Lot 1, Block 1, Aspen Oaks Addition. The following variance request was to Grapevine Comprehensive Zoning Ordinance 82- 73: Section 42.G.3., Supplementary District Regulations which prohibits second floor patios within the required twenty-five (25) foot rear yard setback. The proposed request would allow a second story patio to project eight (8) feet into the required twenty-five (25) foot rear yard setback, resulting in a seventeen (17) foot setback. Mr. Williams explained that Staff found no special conditions existed, as there was no hardship present in the case. Mr. Williams explained that the second floor patio was not shown on plans and the violation was discovered during construction. Mr. Williams explained that the door to the deck was bricked at the final inspection, and the interior was sheetrocked. Mr. Williams further explained that after the house was finaled, the brick and sheetrock were removed, the door was installed and the guardrail was installed around the perimeter of the deck. Kenneth R. Guest, attorney for Mr. Kaeini, 421 E. Airport Freeway, Suite 115, Irving, Texas, took the Oath of Truth and passed around photographs showing the different sides of the duplex and the back of the property that is adjacent to the Grapevine High School agricultural farm. Mr. Guest explained that at the time of the Certificate of Occupancy in 1997, the door was bricked and sheetrocked. Mr. Guest explained that Mr. Kaeini was intending to apply for a variance but he overlooked doing so. Mr. Guest noted that the tenant wanted the door opened for safety reasons. Angela LaMarc, tenant of Mr. Kaeini, 3133 Timberline Drive, Grapevine, took the Oath of Truth and explained that none of the neighbors had complained about the second story patio and noted that she felt the deck enhanced the value of the property. Ms. LaMarc explained that the door provides safety in case of a fire or burglary. Mo Kaeini owner of the property, took the Oath of Truth, apologized for the mistake and noted that his wife was suppose to apply for a variance but failed to do so. Carl Hecht asked why construction of the second floor deck was allowed to continue. Mr. Williams explained that Mr. Kaeini was allowed to continue because he committed to BZA MINUTES APRIL 6, 1998 correct the violation by removing the second floor access to the patio, thereby creating a complying single story patio cover. Mr. Hecht asked Mr. Kaeini why the sheetrock was removed when he knew a variance was needed. Mr. Kaeini explained that the door was opened because the tenant, Ms. LaMarc, requested it be removed for safety reasons. Mr. Williams noted that the violation was discovered when a Building Inspector, that was in the area, noticed a guardrail had been constructed around the deck. Mr. Williams explained that the inspector noticed the guardrail because it had not been constructed when he had inspected the structure. Carl Hecht explained that he had a problem with granting the variance because of three instances where there was no effort to comply with City ordinances; 1) construction of the deck without it being shown on the plans, 2) the construction was completed after the violation was brought to the builder's attention, and 3) the brick covering the door was taken down and the door put to use after the building was finaled when the owner knew full well that it was a code violation. Mr. Guest spoke again and noted that the facts for granting the variance would be that the structure was aesthetically good and provides safety as an outlet for the second story. Mr. Williams explained that the doorway to the deck was not a required exit and does not meet the code requirements for egress. After further discussion, Dennis Luers made a motion to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Davis Ery Meyer made a motion that a special condition does not exist. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Davis BZA MINUTES APRIL 6, 1998 BOARD OF ZONING ADJUSTMENT CASE BZA98-08 910 PINE STREET KELLY PEARSON TIM LANCASTER The next item of business for the Board of Zoning Adjustment to consider was BZA98-08, submitted by Kelly Pearson and Tim Lancaster for 910 Pine Street, legally described as Tract 14 of the William Dooley Survey, Abstract 422 The following special exceptions are to Grapevine Code of Ordinance 82-73: Section 43.E.3., Nonconforming Uses and Structures which allows the Board of Zoning Adjustment to permit the remodeling or enlargement of a nonconforming use or structure. The proposed special exception would allow the site to exist as developed, and allow the expansion of the use to provide off-street parking along the south side of the property. Section 56.C.4., Off Street Parking Requirements requires five (5) parking spaces plus one (1) parking space per 300 square feet of gross floor area for office uses. The proposed special exception would allow the required off-street parking to be reduced from seven (7) required parking spaces to four (4) parking spaces on site. Tim Lancaster of 2010 Forest Hills Road, Grapevine, took the Oath of Truth. Mr. Lancaster passed around photographs of the property and explained that the property was zoned CC, Community Commercial, the lot was small and that the building was in bad condition. Mr. Lancaster noted that the applicant, Ms. Pearson intends to use the storage area for her business and to keep the overhead doors open to be used as parking spaces. Mr. Lancaster explained that there would be no way to meet the required seven (7) spaces and even five (5) spaces would be a burdensome demand for the property. Mr. Hecht was concerned about the limited parking. Mr. Lancaster noted that Ms. Pearson would not have customers coming by this location to pick up products; her business consists of in-house shows for Mary Kay. Mr. Lancaster also noted that Ms. Pearson would also take care of only the paperwork for her husband's plumbing business at this location. After further discussion, Ery Meyer made a motion to close the public hearing. Carl Hecht seconded the motion which prevailed by the following vote: BZA MINUTES APRIL 6, 1998 Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis Mr. Williams explained that Staff spent a great deal of time working with Mr. Lancaster and the applicant to find the best solution for the property. Mr. Hardy spoke and explained that seven spaces could not work on the property but felt there was a possibility of getting five (5) spaces. Mr. Hecht and Mr. Meyers suggested tabling the case for the applicant to work on getting more parking spaces. After more discussion, Randy Howell made a motion that a special condition existed for the request to Section 56.C.4. being the seven (7) required parking spaces could not be met because of the size of the existing property and the structure. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis Randy Howell then made a motion to approve the variance to Section 56.C.4., allowing the required off-street parking to be reduced from seven (7) required parking spaces to four (4) parking spaces. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis Randy Howell made a motion that a special condition existed for Section 43.E.3., Nonconforming Uses and Structures, being that the structure was existing. Russell Anderson seconded the motion which prevailed by the following vote: : • . Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis Randy Howell then made a motion to approve the request to Section 43.E.3., to allow the site to exist as developed, and allowing the expansion of the use to provide off- street parking along the south side of the property. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Anderson, Cook Nays: None Abstain: Luers Absent: Davis MINUTES Next, the Board of Zoning Adjustment considered the minutes of the March 2, 1998, meeting. Ery Meyer made a motion to approve the minutes of the March 2, 1998, meeting. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Davis MISCELLANEOUS REPORTS/DISCUSSION Mr. Williams announced that the permit for Bass Pro was issued April 2, 1998. Mr. Hardy noted that when a member abstains from a case, he should not participate in the discussion. Mr. Hardy said he would have the City Attorney talk to the Board about conflict of interest. BZA MINUTES APRIL 6, 1998 ADJOURNMENT With no further business, Ery Meyer made a motion to adjourn. Ron Cook seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Davis The meeting was adjourned at 7:50 P.M. IN III 1=1=25 CHAT ATTEST: so=