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HomeMy WebLinkAbout1999-03-29AGENDA CITY OF A• BOARD OF • COUNCILMONDAY EVENING, MARCH 29,1999, AT 6:00 P.M. CITY HALL !•' it SOUTH MAIN STREET GRAPEVINE, • • . D II. NEW BUSINESS A. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO CASE BZA98-31,O. BAPTIST CHURCH FOR PROPERTY LOCATED AT 3000 WILLIAM D. TATE AVENUE, CONSIDERATIONOF PROPERTYB. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO CASE BZA99-06, SUBMITTED BY DENNIS ALISE, FOR • •i,, AUSTIN STREET, AND CONSIDERATION OF , C. BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO CASE BZA99-07,SUBMITTED BY BILLY HOMESEAGLE O- PROPERTY D r CONSIDERATION OF BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO CASE BZA99-08, SUBMITTED BY ADAIR FOUSTFOR PROPERTY LOCATED AT 121 EASTCOLLEGE CONSIDERATIONOF BOARD OF ZONING ADJUSTMENT TO CONDUCT A PUBLIC HEARING RELATIVE TO CASE BZA99-09,RICHARD _ • FOR PROPERTY LOCATED• DOOLEY STREET, AND CONSIDERATION OF 111. MINUTES BOARD OF ZONING ADJUSTMENT TO CONSIDER THE MINUTES OF THE MARCH 1, 1999, MEETING. IF YOU 1 TO ATTEND THIS PUBLIC HEARING AND • REQUIRESTHAT - AT • THE OFFICE OF •410-3155 AT LEAST 24 HOURS IN ADVANCE. • SICLE ACCOMMODATIONS WILL BE MAD • ASSIST YOUR IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq. ACTS OF BOARDOF • MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 19TH DAY OF MARCH, 1999 AT !1 QCOlnT WILLIAMS ASI TANT DIRECTOR OF DEVELOPMENT SE ES/BUILDING OFFICIAL STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met in regular session, Monday, March 29, 1999, at 6:00 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Randy Howell Carl Hecht Ery Meyer Dennis Luers Russell Anderson Ron Cook Kip Bruner Jim Kelso Chairman Vice -Chairman Secretary Member Member 1 st Alternate 2"d Alternate 3rd Alternate constituting a quorum. Also present were City Council Representative Roy Stewart and the following City Staff: Matthew Boyle Attorney, City Attorney's Office Scott Williams Building Official Gerrie Anderson Secretary Chairman Randy Howell called the meeting to order at 6:00 P.M. Ery Meyer made a motion that BZA98-31 be moved to the last of the agenda. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None NEW BUSINESS BOARD OF ZONING ADJUSTMENT BZA99-06, DENNIS ALISE 606 AUSTIN STREET The first item of business was for the Board of Zoning Adjustment to consider BZA99-06, submitted by Dennis Alise for property located at 606 Austin Street, platted as Lot 4, Block 117, C. H. Jones Subdivision. The following request was to Grapevine Comprehensive Zoning Ordinance 82-73: Board of Zoning Adjustment 3/29/99 Section 15.G.4., R-7.5, Single Family District Regulations which requires a minimum lot width of sixty-five (65) feet. The applicant requested a 1'-4" variance. If approved, it would allow a lot width of 63'-8" as shown on the plat. Mr. Williams explained that there were special conditions for the variance since it was an existing, platted, and nonconforming lot. Dennis Alise, applicant of 604 Mitchell, Coppell, took the Oath of Truth and explained that he needed the variance in order to build a new house. With no one else to speak 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, Anderson Nays- None Absent: None Carl Hecht made a motion that there were special conditions since the lot was existing and platted prior to the requirement of the minimum width requirement, Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None Carl Hecht made a motion to grant the variance to Section 15.G.4., for a 1'-4" variance, allowing a lot width of 63'-8" as shown on the plot plan. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None Ery Meyer made a motion to hear BZA99-08 next on the agenda. Carl Hecht seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent- None N Board of Zoning Adjustment 3/29/99 BOARD OF ZONING ADJUSTMENT CASE BZA99-08, ADAIR FOUST 121 E. COLLEGE STREET Next the Board of Zoning Adjustment considered BZA99-08, submitted by Adair Foust for 121 E. College Street. The following request was to Grapevine Comprehensive Zoning Ordinance 82-73: Section 58.B. requires all off-street parking and loading areas and driveways be paved with a minimum 4" concrete with 6" by 6" wire mesh or 2" asphalt on a 6" crushed rock base. The applicant requested the allowance of a 4 1/2" to 5" flex -base (crushed rock) driveway with no paving as shown on the plot plan. Mr. Williams explained that there was a special condition for the request being appropriate paving material was being used for a period home in a historic district and many homes in the area do not have paved driveways. Charles Kelsch of 216 Navajo, Keller, Texas 76248, and contractor for Ms. Foust, took the Oath of Truth and explained that if asphalt were used, it would take away from the beauty of the house. Roy Stewart of 309 Drexel, Grapevine, took the Oath of Truth and explained that he owned the property across the street and was in favor 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. Ery Meyer seconded the .motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None After further discussion, Dennis Luers made a motion that there were special conditions, being the home was located in a historical district and other homes in the area have used the same material. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None Dennis Luers made a motion to grant the variance to Section 58.B. allowing a 4 %2 " to 5" flex -base (crushed rock) driveway with no paving as shown on the plot plan. Russell Anderson seconded the motion which prevailed by the following vote: 3 Board of Zoning Adjustment 3/29/99 Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None BOARD OF ZONING ADJUSTMENT CASE BZA99-07, BILLY WILLIAMS — EAGLE HOMES, 2944 PENINSULA DRIVE The next item for the Board of Zoning Adjustment to consider was BZA99-07 submitted by Billy Williams, representing Eagle Homes for property located at 2944 Peninsula Drive, The following request was to Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.E.3. which allows the Board of Zoning Adjustment to approve the remodeling or enlargement of a nonconforming use. Mr. Williams explained that the applicant was requesting a special exception to allow the remodeling and expansion of an existing 3 -story residence as shown on the plans. He explained that there were special conditions, being an existing non -conforming structure, and the remodel and addition does not increase the extent of nonconformity. Billy Williams, applicant representing Eagle Homes, took the Oath of Truth and explained that the owners wanted to enclose the front porch and steps of their 3 - story home, Mr. Williams announced that the homeowners were present to answer any questions. With no one else to speak either for or against the request, Ery made a motion to close the public hearing. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: None Abstain: Howell The Board questioned the status of the nonconformity. Mr. Williams replied that the house was constructed prior to 1985 and was non -conforming because it is three stories. Ery Meyer made a motion that there were special conditions and that being the residence was an existing non -conforming structure, and the remodel and addition would not increase the square footage. Russell Anderson seconded the motion which prevailed by the following vote-. 0 Board of Zoning Adjustment 3/29/99 Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: None Abstain: Howell Ery Meyer made a motion to grant the special exception to Grapevine Comprehensive Zoning Ordinance 82-73, Section 43.E.3., allowing the remodeling and expansion of an existing 3 -story residence as shown on the plans. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: None Abstain: Howell BOARD OF ZONING ADJUSTMENT CASE BZA99-09, RICHARD PEMBERTON 225 SOUTH DOOLEY STREET The next case for the Board of Zoning Adjustment to consider was BZA99-09, submitted by Richard Pemberton for property located at 225 South Dooley Street. The following requests were to Grapevine Comprehensive Zoning Ordinance 82-73: Section 151.2., 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.G.1., R-7.5 Single Family District Regulations which requires a 30 foot front yard setback. The applicant requested a 10 foot variance. If approved, it would result in a 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 25 foot rear yard setback. The applicant requested a 10 foot variance. If approved, it would allow a 15 foot rear yard setback as shown on the plot plan. Section 15.G.5., Single Family District Regulations which requires a 100 foot minimum lot depth. Board of Zoning Adjustment 3/29/99 The applicant requested a variance ranging from 6 to 9 feet as shown on the plot plan. If approved, it would allow a lot depth ranging from 91 to 94 feet. Mr. Williams explained that the case was previously approved at the February meeting. He explained that there were no new variances; the applicant modified the plot plan to show a side entry garage instead of a front entry. Mr. Williams explained that there was a special condition for Section 15.F.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. Mr. Williams explained that Staff found special conditions for Section 15.G.1, as the setback was consistent with other properties in the district. He also explained that the special condition for Section 15.G.2., and 15.G.5. was the fact that the applicant was required to designate a substantial amount of the front yard as right-of-way. Richard Pemberton, applicant, of 1829 Chris Craft Drive, Grapevine, took the Oath of Truth and explained that he altered the plans from a front entry drive to a side entry drive. Carl Hecht noted that three letters of approval had been received. With no one else to speak for or against the request, Dennis Luers made a motion to close the public hearing. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent- None Abstain- Howell Dennis Luers then made a motion that the same following special conditions from last months meeting exists, subject to the new plot plan: Section 15.F.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 is consistent with other properties in the district. Section 15.G.2. and 15.G.5., 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: I Board of Zoning Adjustment 3/29/99 Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: None Abstain: Howell Dennis Luers made a motion to grant the following variances to Grapevine Comprehensive Zoning Ordinance 82-73 as per the submitted plot plan: Section 15.17.2., R-7.5, Single Family District Regulations allowing a 6,499 square foot lot as shown on the plot plan. Section 15.G.1., R-7.5 Single Family District Regulations allowing a 20 foot front yard setback as shown on the plot plan. Section 15.G.2, R-7.5, Single Family District Regulations allowing a 15 foot rear yard setback as shown on the plot plan. Section 15.G.5., Single Family District Regulations allowing a lot depth ranging from 91 to 94 feet. Ery Meyer seconded the motion which prevailed by the following vote: Ayes: Hecht, Meyer, Luers, Anderson, Cook Nays: None Absent: None Abstain: Howell BOARD OF ZONING ADJUSTMENT CASE BBA 98-31, MEMORIAL BAPTIST CHURCH 3000 WILLIAM D. TATE AVENUE The next item of New Business for the Board of Zoning Adjustment to consider was BZA98-31 submitted by Memorial Baptist Church for property located at 3000 William D. Tate Avenue. The following request was to Grapevine Comprehensive Zoning Ordinance 82-73: Section 13.1., R-20, Single Family District Regulations, Height, limits the height of structures to thirty-five (35) feet. The applicant requested to exceed the thirty-five (35) foot height requirement by thirty-five (35) feet. If approved, a seventy (70) foot tall religious sculpture (cross) would be allowed. Matthew Boyle explained to the Board, at their request, that the cross was an emblem and was exempt from the sign ordinance, but was not exempt from the height requirement. 7 Board of Zoning Adjustment 3/29/99 Mr. Williams explained that Staff found special conditions, as the building had an exceptionally deep setback and was partially obscured by many trees that were saved during construction. The cross itself would be set back 113 feet from the property line, and the site lacked visibility due to berms and embankments adjacent to, and along the highway. Mr. Williams explained that the application was initially brought to the Board at the September 14, 1998, meeting, at which time it was denied. He explained that the case was requested to be reconsidered by Member Russell Anderson and at the March 1, 1999, meeting, the Board voted to bring the case back for reconsideration. Jim Parks of 3520 Regent Drive, Grapevine, representing Memorial Baptist Church, took the Oath of Truth. Mr. Parks thanked the Board for the opportunity to come before them again. Mr. Parks explained that they were able to float two balloons at the location of the proposed cross. He explained that a blue balloon was at the required height limit of 35 feet and a red balloon, representing the proposed cross, was at a height of 70 feet. Mr. Parks, as well as Staff, showed photographs of the cross taken from different locations. He explained that the blue balloon was shown 10 feet below tree line. Mr. Parks explained that hardships existed due to the elevation of the property and the height of existing trees. Mr. Parks also explained that the cross would be the same size as submitted on Exhibit D, the color would be white, there would be no writing or signage on the cross, the lighting would shine upward on the cross and not toward any neighbors. Mr. Parks noted that a time limit for the light on the cross had not yet been established. Mr. Parks also noted that the lighting in the parking lot would turn off at 11-00 P.M. and plans are being designed by an engineer on constructing a wall between the air conditioning units and Ms. Thatcher's property which should help eliminate the noise. Bob Mundlin of 1658 Royal Oaks, Southlake, took the Oath of Truth and asked the Board for their approval of the request. With no one else to speak either for or against the request, Carl Hecht made a motion to close the public hearing. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays- None Absent.- None Abstain: Bruner After further discussion, Carl Hecht made a motion that there was a special condition since the cross at 35 feet would be obscured from the trees that were saved during construction. Russell Anderson seconded the motion which prevailed by the following vote: I Board of Zoning Adjustment 3/29/99 Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None Abstain: Bruner Carl Hecht made a motion to grant the variance to Section 13.1., R-20, Single Family District Regulations, Height, allowing a seventy (70) foot tall religious structure as indicated on Exhibits E and F, the size as indicated on Exhibit D, the color to be off-white with no writing on the structure. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None Abstain: Bruner MINUTES Next the Board of Zoning Adjustment considered the minutes of the March 1, 1999, meeting. Ery Meyer made a motion to approve the minutes of the March 1, 1999, meeting. Russell Anderson seconded the motion which prevailed by the following vote: Ayes: Howell, Hecht, Meyer, Luers, Anderson Nays: None Absent: None Abstain: Bruner MISCELLANEOUS REPORTS Mr. Williams explained that Mr. Pemberton's case was back before the Board because the applicant made a significant change to the site footprint. Mr. Williams explained that Staff tried to use good judgement when an applicant made changes. He stated that minor changes that had no impact on the property (or adjoining property) were not usually brought back to the Board. ADJOURNMENT With no further discussion, 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: None E'1 Board of Zoning Adjustment 3129/99 The meeting was adjourned at 7:50 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 3, -Co(- DAY OF 1999. im