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HomeMy WebLinkAbout2004-11-01AGENDA CITY OF GRAPEVINE BRIEFING • BOARD OF ZONING ADJUSTMENT MONDAY EVENING, NOVEMBER10. 11 P.M. PLANNING AND ZONING CONFERENCE ROOM SECOND FLOOR CITY HALL 11 SOUTH MAIN GRAPEVINE, TEXAS A. A City Attorney to conduct briefing on legal aspects of Board of Zoning Adjustment. B. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the November 1, 2004, public hearing. r • .. cry-� • • AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, NOVEMBER 1, 2004, AT 6:15 P.M. CITY HALL COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER 11. ROLL CALL 111. OATH OF OFFICE IV. ELECTION OF OFFICERS V. NEW BUSINESS A. Board of Zoning Adjustment to consider a public hearing relative to Board of Zoning Adjustment Case BZA04-12 submitted by Rudy Boyd for property located at 316 East Northwest Highway, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA04-13 submitted by Jeff Avery for property located at 614 & 618 East Texas Street, and consideration of same. C. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA04-15 submitted by William Lamar Gregg for property located at 1620 North Gravel Circle, and consideration of same. VI. MINUTES Board of Zoning Adjustment to consider the minutes of the June 7, 2004 and August 2, 2004 Briefing Session and Public Hearing. Building Official to brief board on status of new construction projects. IFT'OU PLAN TO ATTEND PUBLIC AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENTS AT THE MEETING, PLEASE CONTACT THE OFFICE OF DEVELOPMENT 410-3158 AT LEAST 24 HOURS IN ADVANCE. REASONABLE ACCOMMODATIONS WILL BE MADE TO ASSIST YOUR NEEDS. IN ACCORDANCE WITH TEXAS GOVERNMEN• 551.001 ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARD OF ZONING ADJUSTMENT MEETING AGENDA WAS PREPARED POSTED ON THIS THE 22ND DAY OF OCTOBER, 2004 AT • • T WILLIAMS STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, November 1, 2004, at 5:00 P.M. in the Planning and Zoning Conference Room, 2nd Floor, 200 South Main Street, Grapevine, Texas, for a Briefing Session with the following members present to wit: Carl Hecht Dennis Luers Ron Cook Kip Bruner Debbie Holt Scott Baker Richard Adams Chairman Vice -Chairman Secretary Member Member Alternate Alternate constituting a quorum. Also present were City Council Representative Roy Stewart, City Attorney Matthew Boyle, and the following City Staff: Scott Williams Building Official Ginger Watson Development Services Assistant Pamela Huntress Planning Secretary Chairman Carl Hecht called the Briefing Session of the Board of Zoning Adjustment to order at approximately 5:15 P.M. 1.10-1011 Chairman Hecht held roll call and announced that all were present. NEW BUSINESS City Attorney Matthew Boyle conducted a briefing on the legal aspects of the Board of Zoning Adjustment. Mr. Boyle explained the importance of the Board, and how the rulings of this unique body cannot be appealed, except by the filing of a lawsuit in District Court. He described the two types of Conflict of Interest (Statutory and Ethical), and the provisions of the Texas Penal Code regarding the offer and acceptance of gifts by public servants. Mr. Boyle then discussed the powers of the Board of Zoning Adjustment and the role of the Alternates. He defined a Variance, described the four elements to a Variance, and explained the difference between a Variance and a Special Exception. Mr. Boyle finished with a brief explanation of Non -Conforming Uses. Mr. Williams briefed the Board of Zoning Adjustment regarding the item scheduled to be heard in the regular public hearing. ADJOURNMENT Chairman Hecht complimented staff on their fine performance and the limitation of frivolous cases brought before the Board. With no further discussion, Ron Cook made a motion to adjourn. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner and Holt Nays: None Absent: None The Briefing Session was adjourned at 6:10 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 6th DAY DECEMBER, 2004. UNDOIN"I ��� SECRETARY 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 evening, November 1, 2004, at 6:15 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Carl Hecht Dennis Luers Ron Cook Kip Bruner Debbie Holt Scott Baker Richard Adams Chairman Vice -Chairman Secretary Member Member Alternate Alternate constituting a quorum. Also present were City Council Representative Roy Stewart, City Attorney Matthew Boyle, and the following City Staff: Scott Williams Building Official Ginger Watson Development Services Assistant Pamela Huntress Planning Secretary CALL TO ORDER Chairman Carl Hecht called the public hearing to order at approximately 6:15 P.M. Chairman Hecht held roll call and announced that all were present. NEW BUSINESS OATH OF OFFICE Pam Huntress administered the Oath of Office to re -appointed members Carl Hecht, Dennis Luers, and Kip Bruner; and to newly appointed 2nd Alternate Scott Baker. ELECTION OF OFFICERS Chairman Hecht opened nominations for the office of Chairman. Dennis Luers moved, with a second by Kip Bruner, to re -nominate Carl Hecht as Chairman. The motion prevailed by the following vote: Board of Zoning Adjustment 11/01/2004 Ayes: Luers, Cook, Bruner, and Holt Nays: None Abstain: Hecht Absent: None Chairman Hecht opened nominations for the office of Vice -Chairman. Kip Bruner moved, with a second by Debbie Holt, to re -nominate Dennis Luers as Vice -Chairman. The motion prevailed by the following vote: Ayes: Hecht, Cook, Bruner, Holt Nays: None Abstain: Luers Absent: None Chairman Hecht opened nominations for the office of Secretary. Kip Bruner moved, with a second by Debbie Holt, to re -nominate Ron Cook as Secretary. The motion prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Holt Nays: None Abstain: Cook Absent: None BOARD OF ZONING ADJUSTMENT CASE BZA04-12 RUDY BOYD 316 EAST NORTHWEST HIGHWAY The first item for the Board of Zoning Adjustment to consider was BZA04-12, submitted by Rudy Boyd for property located at 316 East Northwest Highway and legally described as Tract 49C1, Abstract 946. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.E.3, Nonconforming Uses and Structures, allows the Board of Zoning Adjustment to approve the remodeling and/or enlargement of a nonconforming use. If approved by the Board, the existing site would be allowed to remain as developed and would also allow the remodeling of the structure. Chairman Hecht announced that no letters had been received. Mr. Williams explained Staff found that a special condition existed for the requested variance. Specifically, the subject property is existing with developed property to the south, east, and west and right-of-way (Northwest Highway) to the north and no possibility of expansion. Additionally, none of the proposed renovations adversely affect the site nor create increase nonconformity. With no additional speakers, Dennis Luers made a motion to close the public hearing. Kip Bruner seconded the motion which prevailed by the following vote: 2 Board of Zoning Adjustment 11/01/2004 Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None Dennis Luers made a motion that a special condition existed, specifically the east -west +orientation of the subject lot precluding it from expansion to meet lot depth requirement. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None Dennis Luers then made a motion to approve the request of a variance to Section 43.E.3, Nonconforming Uses and Structures. Kip Bruner seconded the motion and the motion prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None BOARD OF ZONING ADJUSTMENT CASE BZA04-13, JEFF AVERY 614 & 618 EAST TEXAS STREET Next for the Board of Zoning Adjustment to consider was BZA04-13, submitted by Jeff Avery for property located at 614 & 618 East Texas Street and platted as Lots 4 & 5, Block 107, College Heights Addition. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 15.F.2. "R-7.5", Single Family District Regulations, Density Requirements states that all lots shall have a minimum area of 7,500 square feet. The applicant was requesting a variance of 500 square feet to this requirement for each lot and if approved by the Board, would allow a lot area of 7,000 square feet for each lot. Section 15.G.4. "R-7.5", Single Family District Regulations require the width of a lot to be a minimum of 65 -feet. The applicant requested a variance of 15 -feet to this requirement for each lot and, if approved by the Board, would allow a lot width of 50 -feet for both lots. Chairman Hecht announced that no letters had been received. Mr. Williams explained Staff found that a special condition existed for the requested variance. Specifically, the subject lots are existing platted lots within the College Heights Addition which predate the City's zoning ordinance. With no additional speakers, Dennis Luers made a motion to close the public hearing. Kip Bruner seconded the motion which prevailed by the following vote: 3 Board of Zoning Adjustment 11/01/2004 Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None Kip Bruner made a motion that a special condition exists. Specifically the subject lots are existing platted lots within the College Heights Addition which predate the City's zoning ordinance. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None Kip Bruner then made a motion to approve the request of a variance to both Section 155.2. "R-7.5", Single Family District Regulations and Section 15.G.4. "R-7.5", Single Family District Regulations. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None BOARD OF ZONING ADJUSTMENT CASE BZA04-15, WILLIAM LAMAR GREGG 1620 NORTH GRAVEL CIRCLE The final item for the Board of Zoning Adjustment to consider was BZA04-15, submitted by William Lamar Gregg for property located at 1620 North Gravel Circle, and platted as Abstract 981, Tracts 1 B6A & 1 B6B, Lincoln, Leonard Survey. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 13-J "R-20", Single Family District Regulations, prohibits the parking of recreational vehicles, recreational trailers, motor homes or boats in a required front yard without a permit issued by the Director of Development Services, for more than three consecutive days or any part of three consecutive days. The applicant requested a variance to allow a boat to be parked in the required front yard without a permit, and for a length of time exceeding three consecutive days or any part of three consecutive days. Chairman Hecht announced that one letter of protest and one letter of approval had been received. Mr. Williams explained that Staff found no special condition for the request, there being ample room on the property to park the boat in a side or rear yard. He added that, following verbal and written warnings, Mr. Gregg was issued three citations for illegally parking his boat in the required front yard. Judge Florence found Mr. Gregg guilty on all three counts, and assessed fines and court costs for the violations. Five additional citations were issued after Mr. Gregg continued to refuse to comply with the ordinance. 0 Board of Zoning Adjustment 11/01/2004 William Lamar Gregg, applicant of 1620 North Gravel Circle, Grapevine, took the Oath of Truth, and explained that he had lived on the property since 1982 and had no problems with Code Enforcement. He stated that his boat had been parked in the required front yard for two and a half years, with no complaints from the City or his neighbors. Mr. Gregg stated that parking the boat behind the required front yard would create a hazard coming off the back steps, and that he had no where else to park the boat. He added that adjacent properties are a forty acre vacant site, a one acre park, and a five acre park. Chairman Hecht inquired about the multiple citations issued to Mr. Gregg. Mr. Gregg confirmed the citations, stating that he had paid all except two of them. He explained that the Judge had held his ruling on two of the citations until the outcome of the Board of Zoning Adjustment meeting. He stated that the boat cannot be seen from the road, and suggested that the City's Code Enforcement Officer did not like him. Chairman Hecht assured Mr. Gregg that the Code Enforcement Officer's actions were professional, not personal, and added that the Code Enforcement Officer was just doing his job as required, which was validated because the citations issued held up in court. Mr. Gregg stated that he has already paid approximately $800.00 in fines, and made a plea to the Board for approval. Dennis Luers explained that the job of the Board was to determine if any special conditions existed, and if there were none, then the Board had no choice but to deny the request. Mr. Luers then questioned why Mr. Gregg couldn't store the boat in the large garage on the property. Mr. Gregg replied that he couldn't store the boat in the garage, as he ran a business out of the building. With no additional speakers and no further questions, Dennis Luers motioned to close the Public Hearing. Kip Bruner seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None Kip Bruner made a motion to deny the variance request on the grounds that no hardship and no special condition existed. Dennis Luers seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None MINUTES Next the Board of Zoning Adjustment considered the minutes of the June 7, 2004, Briefing Session and Public Hearing. 5 Board of Zoning Adjustment 11/01/2004 Ron Cook made a motion to accept the minutes of the June 7, 2004, Briefing Session. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None Ron Cook made a motion to accept the minutes of the June 7, 2004, Public Hearing. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None STAFF REPORTS ADJOURNMENT With no further discussion, Dennis Luers made a motion to adjourn. Kip Bruner seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Bruner, Cook, Holt Nays: None Absent: None The meeting was adjourned at 6:34 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 6t" DAY OF DECEMBER, 2004. SECRETARY CHAIR -MAN 0