HomeMy WebLinkAbout1999-02-01AGENDA
CITY OF
SPECIAL BOARD OF • AD C
MONDAY. ,.
COUNCILCITY HALL • • •
11 SOUTH
GRAPEVINE, TEXAS
EXECUTIVE SESSION
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IF YOU A' TO ATTEND THIS PUBLIC HEARING AND YOU
REQUIRESTHAT ARRANGEMENTS AT THE MEETING, PLEASE CONTACT
THE OFFICE OF •PMENT SERVICES AT (817) 410-3155 AT •
IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR
IN ACCORDANCE ' •CODE,1i -•
ACTS OF • OF •
MEETING AGENDA WAS PREPARED • ON OF
JANUARY, 1999 A 11
•WILLIAMS
OFFICIALkisiSYANT DIRECTOR OF DEVELOPMENT
AGENDA
CITY OF
COUNCILBOARD OF ZONING ADJUSTMENT MEETING
MONDAY EVENING, FEBRUARY 1, 1999, AT 6:00 P.M.
CITY HALL •i
SOUTH200
GRAPEVINE,
1.P. TEXAS
�iiy�iI�7 7�I�c7
A. BOARD ZONING ADJUSTMENT TO CONDUCT 1 PUBLIC
..:. HEARING
RELATIVE TO CASE BZA98-21, SUBMITTED BY RON STURGEON FOR
PROPERTY LOCATED AT 3046 MONUMENT BUTTE, AND
CONSIDERATION OF
B. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING
RELATIVE TO CASEA': PEMBERTON
FOR - •PERTY LOCAAT 221 DOOLEY
CONSIDERATION OF
C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARIN't
RELATIVE TO CASE BZA98-42, SUBMITTED BY RICHARD PEMBERTON
• . PROPERTY LOCATEDDOOLEY STREET,AND
CONSIDERATION OF 1
RELATIVED. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING
TO CASE BZA99-02,BY MARCELLA RUTH
BARDEN FOR PROPERTY LOCATED AT 1639 HYLAND GREENS DRIVE,
1 CONSIDERATION OF
III. MINUTES
t1 -r OF • ADJUSTMENT TO CONSIDER THE MINUTES OF
JANUARY 4,1999, MEETING.
•
IF YOU PLAN TO ATTEND THIS PUBLIC HEARING AND YOU HAVE A DISABILITY
THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASECONTACT
THE OFFICE OF •-HOURS
IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR
NEEDS.
IN ACCORDANCE TEXAS•CODE,1 1 - •
ACTS OF BOARD OF • ADJUSTMENT
MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 22ND DAY OF
JANUARY, 1999 AT 5:00 P.M.
*OJT WILLIAffS
AS96TANT DIRECTOR OF DEVELOPMENT
OFFICIAL
STATE OF
COUNTYOF a ' '
CITY OF 'A'
The Board of Zoning Adjustment for the City of Grapevine, Texas, met February
1, 1999, at 5:45 P.M., in the Council Chambers, 200 South Main Street,
Grapevine, Texas with the following members present:
Randy Howell
Carl Hecht
Ery Meyer
Russell Anderson
Ron Cook
Kip Bruner
Jim Kelso
Chairman
Vice -Chairman
Secretary
Member
1 st Alternate
2nd Alternate
3rd Alternate
constituting a quorum with Member Dennis Luers absent. Also present were City
Council Representative Roy Stewart and the following City Staff:
Scott Williams Assistant Director of
Development Services/Building Official
Matthew Boyle Attorney, City Attorney's Office
Gerrie Anderson Secretary
Vice -Chairman, Carl Hecht, called the meeting to order at 5:45 P.M. The Board
then moved to the Planning and Zoning Conference Room for their Executive
Session.
Executive Session
Matthew Boyle, Attorney with the City Attorney's Office announced that the Board
of Zoning Adjustment would meet in Executive Session regarding Sturgeon v.
Grapevine.
Mr. Boyle explained the details and history of case BZA98-21, submitted by Mr.
Ron Sturgeon.
After the Board reconvened to the Council Chambers at 6:12 P.M. for the regular
meeting, Chairman Randy Howell introduced the first case.
Board of Zoning Adjustment
99
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The first item for the Board of Zoning Adjustment to consider was BZA98-21,
submitted by Ron Sturgeon for property located at 3046 Monument Butte, Lot 1,
Block 2, Crystal Butte. The following request was from Grapevine
Comprehensive Zoning Ordinance 82-73:
Section 42.D., Supplementary District Regulations which requires a thirty (30)
foot side yard setback for reverse frontage lots.
The applicant requested a nine (9) foot variance. If approved it would allow a
twenty-one (21) foot side yard as shown on the plot plan.
Mr. Williams explained that Staff found no special conditions for the request, as
there was adequate off-street parking on the site. He explained that Mr.
Sturgeon was wanting to add-on to his existing garage. He noted that the case
was previously heard in 1995 and at that time was denied.
Ron Sturgeon, applicant of 3046 Monument Butte, Grapevine, took the Oath of
Truth and explained that he was requesting to extend his garage. He explained
that his lot was the only one in the neighborhood that had two thirty (30) foot
setbacks which created a hardship. He also explained that the topography of the
property was unique which caused a drainage problem to the west. He noted
that gutters had been installed to help with the drainage problem. Mr. Sturgeon
handed out photographs to the Board showing other lot sizes and setbacks in the
neighborhood,
Troy George of 3050 Monument Butte, Grapevine, took the Oath of Truth and
explained that he lived next door to Mr. Sturgeon. Mr. George explained that the
extra nine (9) feet Mr. Sturgeon was requesting, would not disturb the
neighborhood and said he was not opposed to the request.
Mr. Hecht explained that he could not see how the garage extension would help
the drainage problem,
Mr. Sturgeon explained that water would be directed toward the street by the
addition.
After further discussion, Russell Anderson made a motion to close the public
hearing. Ery Meyer seconded the motion which prevailed by the following vote:
Ayes:
Howell, Hecht, Meyer, Anderson, Cook
Nays:
None
Abstain:
Bruner
Absent-
Luers
N
Board of Zoning Adjustment
2/1/99
There was further discussion concerning the other neighbor's setbacks and that
the two thirty (30) foot setbacks were in place when Mr. Sturgeon bought the
property.
Carl Hecht made a motion that no special condition nor hardship was present.
Russell Anderson seconded the motion which prevailed by the following vote:
Ayes:
Howell, Hecht, Meyer, Anderson
Nays:
Cook
Abstain:
Bruner
Absent:
Luers
PEMBERTON, 221 DOOLEY STREET
The next item of business was for the Board of Zoning Adjustment to consider
BZA98-41 submitted by Richard Pemberton for property located at 221 Dooley
Street, platted as Lot 1 R, Block 102, College Heights Addition. The following
requests were from Grapevine Comprehensive Zoning Ordinance 82-73:
Section 15.F.2., R-7.5, Single Family District Regulations which requires a
minimum lot size of 7,500 square feet.
The applicant requested a 1244 square foot variance. If approved, it would allow
a 6,256 square foot lot as shown on the plot plan.
Section 15.G.1., R-7.5 Single Family District Regulations which requires a 30 foot
front yard setback.
The applicant requested a ten (10) foot variance. If approved, it would allow a
twenty (20) foot front yard setback along Dooley Street as shown on the plot
plan.
Section 15.G.2, R-7.5, Single Family District Regulations which requires a
twenty-five (25) foot rear yard setback.
The applicant requested a ten (10) foot variance. If approved, it would allow a
fifteen (15) foot rear yard as shown on the plot plan.
Section 15.G.4., R-7.5, Single Family District Regulations which requires reverse
frontage lots to be at least 95 feet in width.
The applicant requested a twenty-five (25) foot variance. If approved, it would
allow a seventy (70) foot wide lot as shown on the plot plan.
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Board of Zoning Adjustment
2/1/99
Section 15.G.5., Single Family District Regulations which requires a minimum lot
depth of one hundred (100) feet.
The applicant requested a variance ranging from nine (9) feet to fifteen (15) feet
as shown on the plot plan. If approved, it would allow a lot depth that varies from
eighty-five (85) feet to ninety-one (91) feet.
Section 42.D, Supplementary District Regulations which requires a thirty (30) foot
side yard setback on reverse frontage lots.
The applicant requested a fifteen (15) foot variance. If approved, it would allow a
fifteen (15) foot side yard setback along Estill Street as shown on the plot plan.
iiiiiiiiiii 11,101IM11 •Nzz=,R• • •
Sections 15.F.2. and 15.G.4., because although the two lots could be platted into
one lot that complies with the ordinance, it would not be consistent in size with
other residential properties in the neighborhood.
Section 15.G.1., as the setback consists with other properties in the district.
Sections 15.G.2. and 15.G.5. due to the right-of-way dedication requirement
which reduces the lot depth.
Section 42.D. since the proposed lots could not meet the ninety-five (95) foot lot
width requirement.
Richard Pemberton, of 1829 Chris Craft Drive, Grapevine, and applicant, took the
•. • Truth and explained that when he purchased proposed • 1 R and 2R,
he
-• building period style homes and did • realize the • --•-•
platting and variances. He noted that the houses he intends to build • proposed
• 1 R would • 1,500 • feet and • proposed • 2R would •- a 2 -story •
1,800 to 2,200 square feet.
Carl Hecht announced that one letter of approval had been received.
With
• one else to •-. either for • •. the request, Kip Bruner .•- a
motion to close the public hearing. • Anderson seconded the motion
which prevailed by the following vote:
Ayes:
Hecht, Meyer, Anderson, Cook, Bruner
Nays:
None
Abstain:
Howell
Absent:
Luers
M
Board of Zoning Adjustment
2/1/99
Ery Meyer then made a motion that the following special conditions existed:
Section 15.G.1., as the setback consists with other properties in the district,
Sections 15.17.2. and 15.G.4., because although the two lots could be platted into
one lot that complies with the ordinance, it would not be consistent in size with
other residential properties in the neighborhood,
Sections 15.G.2. and 15.G.5. due to the right-of-way dedication requirement
which reduces the lot depth,
Section 42.D. since the proposed lots could not meet the ninety-five (95) foot lot
width requirement.
Russell Anderson seconded the motion which prevailed by the following vote:
Ayes:
Hecht, Meyer, Anderson, Cook, Bruner
Nays:
None
Abstain:
Howell
Absent:
Luers
Ery Meyer made a motion to grant the following variances to Grapevine
Comprehensive Zoning Ordinance 82-73:
Section 15.F.2., allowing a 6,256 square foot lot as shown on the plot plan,
Section 15.G.1., allowing a twenty (20) foot front yard setback along Dooley
Street as shown on the plot plan,
Section 15.G.2., allowing a fifteen (15) foot rear yard as shown on the plot plan,
Section 15.G.4., allowing a seventy (70) foot wide lot as shown on the plot plan,
Section 15.G.5., allowing a lot depth that varies from eighty-five (85) feet to
ninety-one (91) feet, and
Section 42.D., allowing a fifteen (15) foot side yard setback along Estill Street as
shown on the plot plan.
Russell Anderson seconded the motion which prevailed by the following vote:
Ayes: Hecht, Meyer, Anderson, Cook, Bruner
Nays: None
Abstain: Howell
Absent: Luers
5
Board of Zoning Adjustment
2/1/99
225 DOOLEY STREET
Section 15.F.2,, R-7.5, Single Family District Regulations which requires a
minimum lot size of 7,500 square feet.
The applicant requested a 1,001 square foot variance. If approved, it would
allow a 6,499 square foot lot as shown on the plot plan.
Section 15.6,1., R-7.5 Single Family District Regulations which requires a thirty
(30) foot front yard setback.
The applicant requested a ten (10) foot variance. If approved, it would result in a
twenty (20) foot front yard setback as shown on the plot plan.
Section 15.G.2, R-7.5, Single Family District Regulations which requires a
twenty-five (25) foot rear yard setback.
The applicant requested a ten (10) foot variance. If approved, it would allow a
fifteen (15) foot rear yard setback as shown on the plot plan.
Section 15.G.5., Single Family District Regulations which requires a one hundred
(100) foot minimum lot depth.
The applicant requested a variance ranging from six (6) feet to nine (9) feet as
shown on the plot plan. If approved, it would allow a lot depth ranging from
ninety-one (91) feet to ninety-four (94) feet.
Mr. Williams explained that Staff found the same special conditions existed as
those for BZA98-41 .
Richard Pemberton of 1829 Chris Craft Drive, Grapevine, and applicant, took the
Oath of Truth and explained that he was asking for the same variances as the
ones requested in the last case. He explained that he had talked to the
neighbors in the area and they expressed their approval of the requests.
Carl Hecht explained that one letter of approval had been received.
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Board of Zoning Adjustment
2/1/99
With no one else to speak for or against the request, Russell Anderson made a
motion to close the public hearing. Ery Meyer seconded the motion which
prevailed by the following vote:
Ayes:
Hecht, Meyer, Anderson, Cook, Bruner
Nays:
None
Abstain:
Howell
Absent:
Luers
Russell Anderson made a motion that the following special conditions existed:
Sections 15.17.2., because although the two lots could be platted into one lot that
complies with the ordinance, it would not be consistent in size with other
residential properties in the neighborhood.
Section 15.G.1., as the setback consists with other properties in the district.
Sections 15.G.2. and 15.G.5., due to the fact that the applicant was required to
designate a substantial amount of the front yard as right-of-way.
Ery Meyer seconded the motion which prevailed by the following vote:
Ayes: Hecht, Meyer, Anderson, Cook, Bruner
Nays: None
Abstain: Howell
Absent: Luers
Ery Meyer then made a motion to grant the following variances to Grapevine
Comprehensive Zoning Ordinance 82-73:
Section 15.F.2., allowing a 6,499 square foot lot as shown on the plot plan.
Section 15.G.1., allowing a twenty (20) foot front yard setback as shown on the
plot plan.
Section 15.G.2., allowing a fifteen (15) foot rear yard setback as shown on the
plot plan.
Section 15.G.5., allowing a lot depth ranging from ninety-one (91) feet to ninety-
four (94) feet.
Russell Anderson seconded the motion which prevailed by the following vote:
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2/1/99
Ayes:
Hecht, Meyer, Anderson, Cook, Bruner
Nays:
None
Abstain:
Howell
Absent:
Luers
The next item of new business for the Board of Zoning Adjustment to consider
was BZA99-02, submitted by Marcella Ruth Barden for property located at 1639
Hyland Greens Drive, platted as Lot 9, Block 3, Hyland Greens Addition. The
following request was from Grapevine Comprehensive Zoning Ordinance 82-73:
Section 15.G.1., R-7.5, Single Family District Regulations which requires a
minimum thirty (30) foot front yard.
The applicant requested to allow an existing structure to encroach the front
setback by as much as three (3) feet. If approved, it would allow a minimum
twenty-seven (27) foot front yard as shown on the survey.
Mr. Williams explained that Staff found special conditions for the request, as the
structure exists and the encroachment was not the fault of the applicant.
fffis. [T-larcella Barden • 1639 Hyland Greens Drive and applicant took the •. •
Truth and explained that she purchased the • in October • ••S and the
survey showed two corners encroaching the building line.
With no one else to speak either for or against the request, Carl Hecht made a
motion to close the public hearing. Russell Anderson seconded the motion which
prevailed by the following vote:
Ayes-
Howell, Hecht, Meyer, Anderson, Cook
Nays:
one
Absent:
Luers
Carl Hecht made a motion that there were special conditions, as the structure
exists and the encroachment was not the fault of the applicant. Ery Meyer
seconded the motion which prevailed by the following vote'.
Ayes:
Howell, Hecht, Meyer, Anderson, Cook
Nays:
one
Absent:
Luers
Carl Hecht made a motion to grant the variance to Section 15.G.1, allowing a
minimum twenty-seven (27) foot front yard as shown on the survey. Russell
Anderson seconded the motion which prevailed by the following vote:
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Board of Zoning Adjustment
2/1/99
Ayes:
Howell, Hecht, Meyer, Anderson, Cook
Nays:
None
Absent:
Luers
MINUTES
Next the Board of Zoning Adjustment considered the minutes of the January 4,
1999, meeting.
Ery Meyer made a motion to approve the minutes of the January 4, 1999,
meeting. Russell Anderson seconded the motion which prevailed by the
following vote:
Ayes: Howell, Hecht, Meyer, Anderson, Cook
Nays: None
Absent: Luers
MISCELLANEOUS DISCUSSION
Mr. Williams introduced Jim Parks, representing Memorial Baptist Church, who
was present to address the Board concerning BZA98-31 which was denied at the
September 14, 1998, meeting.
Mr. Parks explained to the Board that since the September meeting, he and other
members representing the church had met with the homeowners adjacent to the
church's property concerning problems that were brought up during the
September public hearing. He explained that the church had agreed to construct
a fence to help with headlights of cars glaring into windows of the adjoining
homeowners. Mr. Parks explained that they had met with Ms. Thatcher
concerning the noise from the air conditioning units and the Church had agreed
on planting a green barrier to help with the noise. Mr. Parks stressed that they
were committed on satisfying the neighbors. He also asked the Board to
consider hearing their case again in April.
Mr. Williams explained that at their next meeting, the Board would have to agree
on bringing the case back for consideration.
Mr. Williams updated the Board on the progress of some of the development.
He noted that Spring Creek Bar -B -Q would be opening soon and Bass Pro was
already stocking and would be opening in March.
With no further discussion, Carl Hecht made a motion to adjourn. Ery Meyer
seconded the motion which prevailed by the following vote:
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Board of Zoning Adjustment
2/1/99
Ayes: Howell, Hecht, Meyer, Anderson, Cook
Nays: None
Absent: Luers
The meeting was adjourned at 7-15 P.M.
PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF
THE CITY OF GRAPEVINE, TEXAS, ON THE —DAY
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