Loading...
HomeMy WebLinkAbout2001-02-05AGENDA CITY OF GRAPEVINE BOARD OF ADJUSTMENT COUNCILMONDAY EVENING, FEBRUARY 5, 2001, AT 6:00 P.M. CITY HALL ••- 11 SOUTH GRAPEVINE, TEXAS II. NEW BUSINESS :• •'• • • • 1,9 9kTlIQlmfoxq*jklIBill" OWN A • : • i 1 • • • • Al 1 • - . •, •; . 111. MINUTES BOARDOF • ADJUSTMENT TO CONSIDER THE MINUTES OF JANUARY; 2001, CONSTRUCTIONBUILDING OFFICIAL TO BRIEF BOARD ON STATUS OF NEW PROJECTS. 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. ACCORDANCEIN • OD;CHAPTER 551.001 et . q. ACTS OF 1993 TEXAS LEGISLATURE, THE BOARD OF • ADJUSTMENT JANUARY,MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 24TH DAY OF i 1 5:00 P.M. �1 • •DIRECTOR DEVELOPMENT 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, February 5, 2001, at 6:00 P.M., in the Council Chambers, 200 South Main Street, Grapevine, Texas with the following members present: Carl Hecht Dennis Luers Ron Cook Jim Kelso Debbie Holt Chairman Vice -Chairman Secretary Member 1 st Alternate constituting a quorum with Member Kip Bruner and 2"a Alternate Carl Tomerlin absent. Also present were City Council Representative Roy Stewart and the following City Staff: Scott Williams Building Official Betsy Dunham Plans Examiner/Office Coordinator Gerrie Anderson Development Services Assistant Chairman Carl Hecht called the meeting to order at approximately 6:02 P.M. NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA01-01 4324 WINDSWEPT LANE PETER SZPUNAR The first item for the Board of Zoning Adjustment to consider was BZA01-01, submitted by Peter Szpunar for property located at 4324 Windswept Lane, and legally described as Tract 21301, Abstract 2028. The following requests were from Grapevine Comprehensive Zoning Ordinance 82-73: Section 20.G.1. R-TH, Townhouse District Regulations, Area Regulations, which requires a 25 foot front yard setback. The applicant requested to allow a detached accessory structure to encroach 17 feet into the required front yard, and if approved would allow an accessory structure to be located eight feet from the front property line. Board of Zoning Adjustment 02/05/2001 - Section 42.C.3., Supplementary District Regulations, which requires detached accessory structures to be located in the rear one-half of the lot. The applicant requested to allow an accessory structure to be located in the front one-half of the lot. Mr. Williams explained that the special condition was the unusual orientation of the lot. Peter Szpunar, applicant of 4324 Windswept Lane, Grapevine, took the Oath of Truth and explained that his agent would speak for him. Tana McClain of 1408 Briarcrest Drive, Grapevine, representing Mr. Szpunar, took the Oath of Truth. Ms. McClain explained that there was an existing building used for a pump house for a water well. She explained that Mr. Szpunar demolished the old rusted metal building and built a larger, nicer building that matched the existing home. Ms. McClain commented that there was not a plat of the property; therefore, Mr. Szpunar did not know where the front building line was. Ms. McClain stated that although the property was addressed off of Windswept Lane, the building was set back far from the front property line. Mr. Luers asked Ms. McClain if there was a survey when the property was purchased and if so, did it show building lines. Ms. McClain said that there was a survey, but no plat. She explained that the survey did not show a front building line. Mr. Luers asked about the letter Mr. Szpunar submitted stating that he wished to move into the house prior to the hearing and if the property was currently occupied. Ms. McClain said that the house was not occupied. Mr. Williams explained Staff would not approve the final inspection on Mr. Szpunar's house because of the violation. He explained that Staff agreed to allow him to move in prior to the hearing provided that he submitted the variance application and provided a letter stating that he would abide by the Board's decision. Mr. Kelso asked what structures were existing on the property prior to the purchase of the property. Ms. McClain explained that the house was built in 1977 and the pump house was also existing. She explained that Mr. Szpunar demolished the existing structure and built the new structure around the existing pump. 2 Board of Zoning Adjustment 02/05/2001 Mr. Cook commented that Mr. Szpunar went from a small pump house to a garage without obtaining a permit. Ms. McClain explained that the structure was a pump house/storage building and that the applicant did not obtain a permit. Mr. Cook asked if the applicant obtained a permit to build the addition to the house and if so, he should have known a permit was also required for the garage. Ms. McClain stated that Mr. Szpunar did obtain a permit for the addition and that he did not realize he needed a permit for the garage. Mr. Williams explained that Mr. Szpunar began the addition to his house without a permit and that Staff stopped the work and required him to obtain a permit for that work. He explained that Staff became aware of the garage violation when staff inspected the addition and noticed the garage structure had also been built without a permit. In response to Chairman Hecht's question, Ms. McClain explained that Mr. Szpunar's employees did the actual construction of the detached garage. Chairman Hecht questioned about Mr. Szpunar not being aware of the need for a permit. Ms. McClain stated that Mr. Szpunar was not aware a permit was needed. She explained that since there was an existing building, he thought that building a nicer building would not require a permit. Mr. Cook asked why Mr. Szpunar would want to build a garage that far away from his home. Ms. McClain explained that the new house had garages for automobiles and the new garage would double as storage for lawn equipment. Mr. Cook asked if the hardship was the fact that the building was built without a permit. Mr. Williams stated that staff had never considered the fact that the building was built without a permit a hardship. He explained the only hardship he found was the unusual orientation of the lot. He explained the hardship, as it related to already being built, was a self-imposed hardship, and therefore, not valid as far as the recommendation was concerned. Mr. Cook asked about the structure being a permitted use. 3 Board of Zoning Adjustment 02/05/2001 Mr. Williams explained that a detached garage was a permitted use in the R-TH district and that it had to be in the rear one-half of the lot and behind the front building line. Debbie Holt asked about the new building being an ancillary storage building and the applicant calling it a garage. She asked if it had an overhead door like a garage. Ms. McClain explained that it did. Mr. Williams explained that a garage was an acceptable detached accessory use. He explained that if the structure was not a garage, then it would not be a permitted use if it was more than 100 square feet. He explained that the application was for a garage and a permit was issued as a garage. Roy Stewart, 309 Drexel Drive, Grapevine, took the Oath of Truth and asked if the site was originally the pump house for the water supply and if the well supplied the water for the residence. He asked if that could be used as a hardship. Mr. Williams explained that if the structure was not a garage and exceeded 100 square feet, it would still be in violation of the ordinance. He added that if the well was in the structure, it could double as a well house. Mr. Williams explained that the residence was on the City water supply and the well did not supply water for the residence. Chairman Hecht announced that one letter of protest had been received. Mr. Hecht noted that according to Staff's memo, if any of the neighbors were in protest, staff would change the recommendation to denial. Mr. Williams explained that Staff's recommendation was for approval because of the unusual orientation of the lot. However, he explained that he felt the wishes of the adjacent property owners should be taken into account because the work was done without a permit and was in violation of the ordinance and felt the Board should take that into consideration. Andrew Flood of 710 Preston Place, Grapevine, took the Oath of Truth and said that he was located opposite of Mr. Szpunar's house. He explained that he was not in favor of the request mainly because Mr. Szpunar was an unfriendly neighbor and had made no effort to consider his neighbor's concerns. He stated that he protested the requests. Mr. Luers asked Mr. Williams what City Staff's recommendation was since a letter of opposition had been received. Board of Zoning Adjustment 02105/2001 Mr. Williams explained that the City's recommendation was a guideline for the Board to follow. Mr. Williams explained that there was a certain hardship based on the property; however, Staff felt it should have been obvious to the applicant that a permit was required. Mr. Williams again explained that his recommendation for approval could only be valid if the adjoining property owners were in favor of the request. Mr. Luers asked if there was anyone in the audience whose property backed up to the structure. Glen Beyer of 706 Preston Place, Grapevine, took the Oath of Truth and explained that the right rear corner of his lot was parallel to about the center of the structure. He explained that there was another structure that had bamboo over the top that was next to the new structure. Mr. Beyer said that he had no problem with the garage and that it looked nice. He explained that he did have a problem with the bamboo structure. He explained that the garage was not an eyesore but was much larger than what was there before. Mr. Beyer explained that he would not have supported the request for the construction of the new structure if it had been presented before being built. Jim Kelso asked Mr. Williams what was the unusual orientation of the lot that prohibited him from building his storage building in the back half of the lot with the correct setback. Mr. Williams explained that Mr. Szpunar had room on his property to have made the garage conform to the requirements. He explained that he felt the only reason there was any kind of hardship at all was because the lot did not front on a street and was set back from the street. With no one else to speak regarding the request, Jim Kelso made a motion to close the public hearing. Dennis Luers seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Kelso, Holt Nays: None Absent: Bruner, Tomerlin Ms. Holt explained that she did not see a hardship with such a large lot. After further discussion, Ron Cook made a motion that there was not a special condition. Jim Kelso seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Kelso, Holt Nays: None Absent: Bruner, Tomerlin 9 Board of Zoning Adjustment 02/05/2001 Mr. Williams stated that the City Attorney recommended that a time limit be set for the demolition of the structure. Ron Cook amended his motion with the addition that the structure be demolished within 45 days from the meeting. Jim Kelso seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Kelso, Holt Nays: None Absent: Bruner, Tomerlin MINUTES Next the Board of Zoning Adjustment considered the minutes of the January 8, 2001, meeting. Dennis Luers made a motion to approve the minutes of the January 8, 2001, meeting. Ron Cook seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Kelso, Holt Nays: None Absent: Bruner, Tomerlin STAFF REPORTS Mr. Williams informed the Board that Opryland was beginning to submit plans for the structural work for the convention center and hotel. He said that they should soon be starting mass grading. Mr. Williams announced that Best Buy and Cowboy Golf were close to opening. He discussed the new structures to be built at 601 S. Main Street, on the northwest corner of the property, along Main Street. Mr. Williams also informed the Board that there was progress made last month on the Palace Theatre and the completion date was set for April. Roy Stewart announced that the leveling of Main Street would take place between the time between Main Street Days and Grapefest, and would be done in small segments at a time. Jim Kelso made a motion to adjourn. Dennis Luers seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Kelso, Holt Nays: None Absent: Bruner, Tomerlin A Board of Zoning Adjustment 02/0512001 The meeting was adjourned at 6:35 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE DAY OF 2001. SECRETARY CHki-RVAN - - ------- 7