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HomeMy WebLinkAbout1999-02-01AGENDA CITY OF SPECIAL BOARD OF • AD C MONDAY. ,. COUNCILCITY HALL • • • 11 SOUTH GRAPEVINE, TEXAS EXECUTIVE SESSION • r • • A� • =Will A 1 - • • 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 JJKffMA�*JFJ,*%* - '1141k 'I -.101m a 1 1-191110 04116, M L5 I ZONE 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. 3 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. 0 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: 7 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: M 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: W 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 0 FJL1 990. /I 4CRETARY 1/x r irl