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HomeMy WebLinkAbout1999-03-01AGENDA CITY OF A' BOARD OF ZONING ADJUSTMENT MEETING MONDAY , . 11 COUNCILCITY HALL . l FLOOR tl SOUTH MAIN GRAPEVINE,, 11. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO CASE A.. 1 LANCASTER FOR PROPERTY LOCATED1106 WEST NORTHWEST CONSIDERATION OF SAME. BEEBE• .�. •. ..•. • • i • �' • • ` III. MINUTES BOARD OF • ADJUSTMENT TO CONSIDER THE MINUTES OF FEBRUARY1, 1999, a • 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 19TH DAY OF FEBRUARY, 1999 AT 5:00 P.M. --MOW $GIITT WILLIAMS 1. �ISTANT DIRECTOR OF DEVELOPMENT SERVICES/BUILDING OFFICIAL STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met March 1, 1999, at 6:00 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Randy Howell Chairman Carl Hecht Vice -Chairman Ery Meyer Secretary Dennis Luers Member Russell Anderson Member Ron Cook 1 st Alternate constituting a quorum with 1St Alternate Kip Bruner and 2nd Alternate Jim Kelso absent. Also present were City Council Representative Roy Stewart and the following City Staff: Scott Williams Assistant Director of Development Services/Building Official Ron Stombaugh Planner 11 Doug Evans Parks and Recreation Director Bob Price Internal Services Manager Gerrie Anderson Secretary Chairman, Randy Howell called the meeting to order at 6:02 P.M. BOARD OF ZONING ADJUSTMENT CASE BZA99-01 TIM LANCASTER 1106 WEST NORTHWEST HIGHWAY The first item for the Board of Zoning Adjustment to consider was BZA99-01, submitted by Tim Lancaster for property located at 1106 West Northwest Highway, platted as Lot 2R, Block 1, Lucas Addition. The following requests were from Grapevine Comprehensive Zoning Ordinance 82-73: Section 26.G.3 "HC" Highway Commercial District, Area Regulations, which requires a front yard of not less than 25 -feet be provided as a landscaped setback area. The applicant requested a variance of 18 -feet to this requirement. If approved, it would allow a front yard setback of 7 -feet and allow the encroachment of two Board of Zoning Adjustment 3/1/99 existing parking spaces and an existing canopy as shown on the site plan. Section 53.H.2.b Landscaping Regulations which requires a landscape setback area of at least 10 -feet be maintained between an off-street parking/vehicle use area and an adjacent property line. The applicant requested a variance of 10 -feet to this requirement along the west property line, a variance of 5 -feet along the east property line, and a variance of 5 -feet along the north property line. If approved, it would eliminate the landscape setback area along the west property line, it would allow a landscape setback area of 5 -feet along the east property line, and allow a landscape setback area of 5 -feet along the north property line as shown on the site plan. Mr. Stombaugh explained that there were special conditions for the variances since the site was originally platted and developed prior to the existence of any zoning controls within the City. He explained that Mr. Gary Scott proposed to construct a 1,056 square foot addition to the existing 1,232 square foot structure. Tim Lancaster, of 1001 W. Northwest Highway, Grapevine, representing Mr. Gary Scott, took the Oath of Truth and explained that Mr. Scott intended to expand his business by adding 1,232 square feet to the existing building. Mr. Lancaster explained that the property was platted before 1951. The variances were needed in order to replat all three lots into one lot. Mr. Stombaugh explained that the landscaping was already in place and the conditions were already existing. He explained that the building does not require variances, but the site needed to be brought into compliance. After discussion, 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, Luers, Anderson Nays: None Absent: Bruner, Kelso Carl Hecht then made a motion that there were special conditions since the site was originally platted and developed prior to the existence of any zoning controls within the City and in addition, there would be no way to comply with the off- street parking requirements. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Bruner, Kelso E Board of Zoning Adjustment 3/1/99 Carl Hecht made a motion to approve the following variances to Grapevine Comprehensive Zoning Ordinance 82-73: Section 26.G.3 "HC" Highway Commercial District, Area Regulations, allowing a front yard setback of 7 -feet and allow the encroachment of two existing parking spaces and an existing canopy as shown on the site plan. Section 53.H.2.b Landscaping Regulations which would eliminate the landscape setback area along the west property line, allow a landscape setback area of 5 - feet along the east property line, and allow a landscape setback area of 5 -feet along the north property line as shown on the site plan. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Bruner, Kelso BOARD OF ZONING ADJUSTMENT CASE BZA99-05 MARCEL QUIMBY 421 S. CHURCH STREET Next, the Board of Zoning Adjustment considered BZA99-05 submitted by Marcel Quimby, representing the City of Grapevine, for 421 S. Church Street, platted as Lot 6R, Block 3, City of Grapevine. The following variances are from Grapevine Comprehensive Zoning Ordinance 82-73: Section 38.G., "GU" Governmental Use District, Area Requirements which states that the yard requirements in the "GU" Governmental Use District shall not be less than the requirements of the most restrictive abutting property. Section 20.G.3.c., "R-TH" Townhouse District, Area Regulations which requires that side yards that are adjacent to a dedicated public street shall be at least 25 - feet in width. The applicant requested an 8 -foot variance to this requirement along the west property line. If approved it would allow a side yard setback of 17 -feet along the west property line. Section 53.H.2.a Landscaping Regulations which requires a landscape setback area of at least 15 -feet be maintained between an off-street parking/vehicle use area and an abutting right-of-way. The applicant requested a 15 -foot variance to this requirement along the north property line and an 11 -foot variance to this requirement along the west property line at the south end of the lot. If approved, it would eliminate the 15 -foot landscaping setback requirement between the property line to the north and the 3 Board of Zoning Adjustment 3/1/99 abutting right-of-way, and allow a landscape setback area of 4 -feet along the west property line at the south end of the lot and the abutting right-of-way. Section 53.H.2.b Landscaping Regulations which requires a landscape setback area of at least 10 -feet be maintained between an off-street parking/vehicle use area and an adjacent property line. The applicant requested a variance of 5 -feet to this requirement along the east property line. If approved, it would allow a landscape setback area of 5 -feet along the east property line. Mr. Stombaugh explained that Staff found that there were special conditions since the site was developed prior to the existence of any landscaping standards within the zoning ordinance. He explained that when initially constructed in 1978, the Senior Citizen's Center, zoned "C-2" Community Business District, was totally in compliance with the zoning district regulations in force at that time. He explained that if the same development standards were in effect today, the proposed expansion of the Senior Citizen's Center would still be in compliance. Marcell Quimby, with BRW Architects, representing the City of Grapevine, took the Oath of Truth and explained the request. Mr. Stombaugh explained that the City had an agreement with the First United Methodist Church concerning shared parking. Mr. Howell announced that two letters, from the same property owner, had been received in protest of the request. With no one else to speak either for or against the request, Dennis Luers made a motion to close the public hearing. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Bruner, Kelso Ery Meyer made a motion that there were special conditions since the site was developed prior to the existence of any landscaping standards within the zoning ordinance. He explained that when initially constructed in 1978, the Senior Citizen's Center, zoned "C-2" Community Business District, was totally in compliance with the zoning district regulations in force at that time, and if the same development standards were in effect today, the proposed expansion of the Senior Citizen's Center would still be in compliance. Dennis Luers seconded the motion which prevailed by the following vote: E Board of Zoning Adjustment 3/1/99 Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Bruner, Kelso Ery Meyer made a motion to grant the following variances to Grapevine Comprehensive Zoning Ordinance 82-73: Section 53.H.2.a., Landscaping Regulations, allowing to eliminate the fifteen (15) foot landscaping setback requirement between the property line to the north and the abutting right-of-way and allow a landscape setback area of four (4) feet along the west property line at the south end of the lot and abutting the right-of- way as shown on the site plan. Section 53.H.2.b., Landscaping Regulations allowing a landscape setback area of five (5) feet along the east property line as shown on the site plan. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Bruner, Kelso BOARD OF ZONING ADJUSTMENT CASE BZA98-31 3000 WILLIAM D. TATE AVENUE MEMORIAL BAPTIST CHURCH Next, the Board of Zoning Adjustment considered placing BZA99-31 back on the public hearing agenda for April 5, 1999. Mr. Williams explained that the case was denied at the September 14, 1998, meeting. He explained that staff received a request from Board Member Russell Anderson for the Board to consider rehearing the case. Mr. Williams noted that one of the concerns of the Board was the negative input of the neighborhood at the September meeting. He added that since that time, the church had made a concentrated effort to eliminate the neighbors' concern. Jim Parks of 3520 Regent Drive, Grapevine, and representing Memorial Baptist Church, took the Oath of Truth and explained that he personally spoke to the adjacent property owners and told them about the meeting. He explained that the church addressed the concerns from the neighbors regarding the fencing, parking lot lighting and noise from the air conditioning units. Ery Meyer stated that when the Board heard the case in September of 1998, the concern of the property owners was not an issue; the concern was only for the height of the structure. 9 Board of Zoning Adjustment 3/1/99 Mr. Parks explained that he would float balloons to the requested 70 foot height and the required 35 foot height to give the Board a better visual idea of the impact of the request. Mr. Williams explained that having the balloons would help the members visualize the structure because the site is obscured by ramps and highways. Todd Wilson of 2309 Los Robles Drive, Grapevine, took the Oath of Truth and explained that he was now in favor of the cross. Mr. Wilson asked Board Member Russell Anderson why he had changed his mind concerning his decision of the cross. Mr. Anderson explained that Mr. Parks had called him and explained that Mr. Langford and Pastor Perkins, who were present at the September meeting, were confused during the meeting and explained that if they had known, would have requested the case be tabled. Mr. Wilson explained that he preferred the cross to be 70 feet instead of having trees removed, and a lower sign. Cynthia Badger of 2335 Los Robles, Grapevine, took the Oath of Truth and explained that she was one of the biggest opponents at the last meeting. Ms. Badger explained that the church had made an effort to help with the neighbor's concerns. She explained that she would rather see the cross above the trees instead of removing trees for the construction of a 35 foot cross. She explained that she would be opposed to the cross being attached to the building or set back further from the property line because she would be able to see it from her property. Mr. Williams explained that if the applicant built the required 35 foot cross and needed to remove trees to do so, they would be allowed to do so by ordinance. However, if trees were removed for reasons not directly involving construction, they would have to go before the Planning and Zoning Commission for a permit. The question was raised about the cross being a sign. Mr. Williams explained that the cross does not fall within Section 60, Sign Ordinance Regulations, of the Zoning Ordinance, but falls within the height requirements of the R-20 Zoning District, which prohibits structures on the property to exceed the 35 foot height requirement. He added that if the cross were determined to be a sign, it would be exempt from all sign requirements according to Section 60.E.(a). The Board requested that the City Attorney provide them with a legal interpretation of whether or not the cross falls under the sign ordinance. Mr. Parks explained that their project was unique in that the buildings were built on the back side of the property, and most of the trees were left at the front. X Board of Zoning Adjustment 3/1/99 Dennis Luers requested that staff provide the Board with height variances from the past few years. Randy Howell noted that he would like to see the case come back before the Board in April with more details on the elevation of the property. With no one else to speak either for or against the request, Dennis Luers made a motion to close the public hearing. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Bruner, Kelso Carl Hecht made a motion, because of legal questions that the Board would like to have resolved, to reconsider placing BZA98-31 back on the public hearing agenda for the April, 1999, meeting. Ery Meyer added to the motion that the case be placed back on the public hearing agenda for April only if the applicant could show a hardship. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Bruner, Kelso MINUTES Next the Board of Zoning Adjustment considered the minutes of the February 1, 1999. Ery Meyer made a motion to approve the minutes, as written, of the February 1, 1999, meeting. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: Bruner, Kelso 7 Board of Zoning Adjustment 3/1/99 MISCELLANEOUS DISCUSSION Mr. Williams asked the Board if they wished for applicants to come back before them for minor revisions to their plans after a variance is granted. Mr. Cook commented that if the motion stated "as shown on the plot plan", then it would be part of the legal record. Randy Howell asked that the City Attorney give legal advise on the plot plan being tied to the variance. ADJOURNMENT Ery Meyer 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: Bruner, Kelso The meeting was adjourned at 7:10 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY F GRAPEVINE, TEXAS, ON THEA DAY OF '1999. CHAAM<N SECRETARY