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Home My WebLink About2002-12-02AGENDA CITY OF GRAPEVINE SESSIONBRIEFING BOARDOF • ADJUSTMENT MONDAY EVENING, DECEMBER 2,2002, AT 6:00 P.M. PLANNING AND ZONING CONFERENCEROOM SECOND FLOOR - CITY HALL 11 SOUTH GRAPEVINE, A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the December 2, 2002, public hearing. �� •,:111:14 LOAN M4 Atli"Tlz I i • • .- •NEE T WILLIAMS AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, DECEMBER 2, 2002, AT 6:15 P.M. CITY HALL COUNCIL CHAMBERS, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 1. CALL TO ORDER II. ROLL CALL 111. NEW BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA02-20 submitted by Kelly M. Brown, D.C., Inc., for property located at 744 Ball St, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA02-21 submitted by John A. Denton, for property located at 471 Caviness Dr, and consideration of same. IV. MINUTES Board of Zoning Adjustment to consider the minutes of the November 4, 2002, Briefing Session and Public Hearing. V. STAFF REPORTS Building Official to brief board on status of new construction projects. VI. ADJOURNMENT 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) 410-3158 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 22ND DAY OF NOVEMBER, 2002, T 5:00 M. S OTWILLIAMS B ILD NG OFFICIAL/ASSISTANT DIRECTOR OF D E OPMENT SERVICES 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, December 2, 2002, at 6:15 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Carl Hecht Chairman Dennis Luers Vice -Chairman Ron Cook Secretary Kip Bruner Member Jim Kelso Member Debbie Holt Vt Alternate Carl Tomerlin 2nd Alternate constituting a quorum. Also present were City Council Representative Sharron Spencer, Matthew Boyle, City Attorney and the following City Staff: Scott Williams Building Official Ron Stombaugh Planner 11 Gerrie Graham Development Services Assistant CALL TO ORDER Chairman Carl Hecht called the public hearing to order at approximately 6:15 P.M. ROLL CALL Chairman Hecht announced that all members were present. NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA02-20,744 BALL STREET KELLY M. BROWN, D.C. INC. The first item was for the Board of Zoning Adjustment to consider BZA02-20, submitted by Kelly M. Brown, for property located at 744 Ball Street, platted as Lot 1, Block 1, Grapevine Kawasaki Addition, City Of Grapevine. The following requests were from Grapevine Comprehensive Zoning Ordinance 82-73: Section 25.G.1 "CC" Community Commercial District Regulations, Area Regulations requires that every lot have a minimum lot width of 120 -feet. The applicant requested a variance of approximately 30 -feet to this requirement Board of Zoning Adjustment 12/02/2002 measured at the front building line and if approved by the Board would allow a lot width of approximately 90 -feet. Section 25.G.4 "CC" Community Commercial District Regulations, Area Regulations requires that every lot shall have two side yards each of with will be not less than 20 -feet in width. The applicant requested a complete variance of 20 -feet to this requirement on the north side of a proposed building located approximately 190 -feet west of the front property line along Ball Street and a complete variance of 20 -feet on both the north and south side of a proposed building located approximately 500 -feet west of the front property line along Ball Street. Section 53.H.2.a Landscaping Regulations requires that whenever a vehicle use area abuts a public right-of-way, a perimeter landscape area of at least 15 -feet shall be provided between the abutting vehicle right-of-way and vehicle use area. The applicant requested a variance of from 10 to 15 -feet to this requirement along Ira E. Woods Avenue. Section 53.H.2.b Landscaping Regulations requires that whenever a vehicle use area abuts an adjacent property line, a perimeter landscape area of at least 10 - feet shall be provided between the abutting property line and vehicle use area. The applicant requested a complete variance of 10 -feet to this requirement along the northern property line and the abutting vehicle use area. Mr. Stombaugh explained that Staff found that there were special conditions for all requested variances, specifically, the lot was narrow and physically constrained on all sides by rights-of-way prohibiting expansion. He explained that the lot was located at the northwest corner of Ball Street and Ira E. Woods Avenue, and to the north was the DART right-of-way. Mr. Stombaugh explained that the City Council approved on the first reading of an ordinance, the rezoning of this site from "LI" Light Industrial District to "CC" Community Commercial District at the November 19, 2002 meeting. He explained that the Board of Zoning Adjustment considered and approved a number of variances on this site at their September 8, 1994 meeting. He explained at that time, the Grapevine Kawasaki dealership was going to relocate to this site, but the relocation never occurred. Mr. Stombaugh explained that due to the subject property being rezoned and a different development plan proposed, new variances were needed. Mery Crosten, architect representing the applicant, Kelly Brown, of 2424 Went Terrace, Fort Worth, Texas, took the Oath of Truth and explained that they felt the proposed layout for the site was the most effective possible, and would not 2 Board of Zoning Adjustment 12/02/2002 be obtrusive to the neighborhood to the north. Konstatine Bakintas of 714 Cabernet Court, Grapevine, took the Oath of Truth and explained that his property backed up to the site. Mr. Bakintas wanted the Board to know that he and two other neighbors were available to answer any questions. Joe Slagle of 712 Cabernet Court, Grapevine, took the Oath of Truth and explained that his property also backed up to the site. Mr. Slagle explained that he was not opposing the variances but was concerned about the height of the buildings. He asked the Board to consider and make note in the minutes that Dr. Brown had agreed to a maximum of 30 foot high buildings on the site. Chairman Hecht explained that of height restrictions were imposed, it would have to be done by City Council. Sarah Fullenwider of 706 Cabernet Court, Grapevine, took the Oath of Truth and explained that she lived two houses away from the 200 foot property owner notification area. Ms. Fullenwider explained that if the side yard variance were granted, the building could then be placed on the property line which would be closer to the homes. Ms. Fullenwider asked that if the Board granted the variance to the side yard, a stipulation be put on the variance that the building be no higher than 30 feet. Dr. Kelly Brown of 7304 Hicks Court, Colleyville, Texas, took the Oath of Truth and explained that he told the neighbors he would take under advisement building the structure no higher than 30 feet. Dr. Brown explained that the design of the building was 27 feet high. Dr. Brown noted that he did not feel any of the proposed buildings would be higher than 30 feet, but did not have a binding agreement with the neighborhood. Chairman Carl Hecht announced that 19 property owner response letters had been received. Chairman Hecht explained that the property owner's within 200 feet of the property had concerns about the height of the buildings. With no one else to speak regarding the case, Kip Bruner made a motion to close the public hearing. Jim Kelso seconded the motion which prevailed by the following vote: Ayes: Hecht, Cook, Bruner, Kelso, Tomerlin Nays: Nays Absent: None Abstain: Luers Carl Tomerlin asked if the height restriction could be placed on the site plan. 3 Board of Zoning Adjustment 12/02/2002 Mr. Stombaugh explained that the issue about the height requirement was not advertised; therefore, the Board could not make any condition tied to the concept plan relative to the height. Matthew Boyle explained that in the past the Board had not considered a variance and made it conditional upon any of the elements attached to the site plan because that goes beyond the jurisdiction of the Board of Zoning Adjustment. With no further discussion, Kip Bruner made a motion that there were special conditions, specifically, the lot was narrow and physically constrained on all sides by rights-of-way prohibiting expansion. Jim Kelso seconded the motion which prevailed by the following vote: Ayes: Hecht, Bruner, Kelso, Tomerlin Nays: Cook Absent: None Abstain: Luers Kip Bruner then made a motion to grant the following variances to: Section 25.G.1 "CC" Community Commercial District Regulations, allowing a lot width of approximately 90 -feet; Section 25.G.4 "CC" Community Commercial District Regulations, Area Regulations which will allow a complete variance of 20 -feet to this requirement on the north side of a proposed building located approximately 190 -feet west of the front property line along Ball Street and a complete variance of 20 -feet on both the north and south side of a proposed building located approximately 500 - feet west of the front property line along Ball Street; Section 53.H.2.a Landscaping allowing a variance of from 10 to 15 -feet to this requirement along Ira E. Woods Avenue; and to Section 53.H.2.b Landscaping Regulations allowing a complete variance of 10 - feet to this requirement along the northern property line and the abutting vehicle use area. Jim Kelso seconded the motion which prevailed by the following vote: Ayes: Hecht, Bruner, Kelso, Tomerlin Nays: Cook Absent: None Abstain: Luers rd Board of Zoning Adjustment 12/02/2002 BOARD OF ZONING ADJUSTMENT CASE BZA02-21 471 CAVINESS DRIVE JOHN A. DENTON Next, the Board of Zoning Adjustment considered BZA02-21, submitted by John A. Denton for property located at 471 Caviness Drive, platted as Lot 1, Block 2, Banyan Place. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 42.C.3 Supplementary District Regulations, Accessory Buildings, requires that no accessory building shall be located nearer than 6 -feet to any rear property line. The applicant requested a variance of four -feet to this requirement and if approved by the Board, would allow a setback of two -feet from the rear property line for an accessory building. Mr. Stombaugh explained that Staff found that there was no special condition for the requested variance. Mr. Stombaugh explained that with a building separation requirement of 10 -feet between principal/accessory buildings on the same lot the applicant could move the accessory structure approximately 2 -feet to the west. He also explained that a slight reduction in the size of the structure could then eliminate the need for a variance. John Denton, applicant of 471 Caviness Drive, Grapevine, took the Oath of Truth and explained that he had had a boat parked on the side of his house for the last 13 years. He explained that he would like to build a shed to house his boat. Mr. Denton noted that he had no neighbors to his rear, only the City park. Chairman Hecht announced that one letter of approval had been received. With no one else to speak regarding the case, Kip Bruner made a motion to close the public hearing. Ron Cook seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso Nays: None Absent: None Mr. Denton showed photographs of the existing driveway on the side of his house. He explained that he would like to build the shed in the area of the existing driveway. After further discussion, Jim Kelso made a motion that a special condition did not exist. Dennis Luers seconded the motion which prevailed by the following vote: Board of Zoning Adjustment 12/02/2002 Ayes: Hecht, Luers, Cook, Bruner, Kelso Nays: None Absent: None The variance was denied. MINUTES Next the Board of Zoning Adjustment considered the minutes of the November 4, 2002, Briefing Session and Public Hearing. Ron Cook made a motion to approve the minutes of the November 4, 2002, Briefing Session and Public Hearing. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso Nays: None Absent: None ADJOURNMENT With no further discussion, Kip Bruner made a motion to adjourn. Ron Cook seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Kelso Nays: None Absent: None The meeting was adjourned at 6:45 P.M. PASSED AND APPROVED BY THE BOARD OF ZqNING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE JADAY OF 2003. C �HA I R �Mf''='� SECRETARY