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Home My WebLink About2002-04-01AGENDA CITY OF , SESSIONBRIEFING BOARD OF • APRILMONDAY EVENING, 11 6:00 P.M. PLANNING AND ZONING CONFERENCE ROOM SECOND FLOOR — CITY HALL 200 SOUTH MAIN STREET GRAPEVINE, A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the April 1, 2002, public hearing. IF YOU PLAN TO ATTEND THIS PUBLIC MEETING 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. • . 1 A• • - 1 i -. • S, WILLIAMS • 121.1. s * . . . r DIMMA IteJU STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, April 1, 2002, at 6:00 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 Chairman Dennis Luers Vice -Chairman Ron Cook Secretary Kip Bruner Member Debbie Holt 1St Alternate constituting a quorum with Member Jim Kelso and 1St Alternate Carl Tomerlin absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Ron Stombaugh Planner II Gerrie Graham Administrative Secretary Chairman Carl Hecht called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:00 P.M. 0 Chairman Carl Hecht held Roll Call and announced that Jim Kelso and Carl Tomerlin were absent. NEW BUSINESS BRIEFING SESSION Mr. Stombaugh briefed the Board of Zoning Adjustment regarding the items scheduled to be heard in the regular public hearing. ADJOURNMENT After further discussion Kip Bruner made a motion to adjourn. seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Kelso, Holt, Nays: None Absent: Bruner The workshop was adjourned at 6:14 P.M. PASSED AND APPROVED BY THE BOARD OF ZONINGpMUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE (O:Lk DAY OF 2002. APPROVED: SECRETARY AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY EVENING, APRIL 1, 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 III. NEW BUSINESS A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA02-04, submitted by Jack Hardesty for property located at 428 E Worth St, and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA02-05, submitted by Richard Pemberton for property located at 401 N Dooley St, and consideration of same. IV. MINUTES Board of Zoning Adjustment to consider the minutes of the March 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 MARCH, 2002, AT 5.N P.M S OT WILLIAMS B D G OFFICIAL/ASSISTANT DIRECTOR OF DEVELOPMENT 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, April 1, 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 Debbie Holt 1St Alternate constituting a quorum with Member Jim Kelso and 2nd Alternate Carl Tomerlin absent. Also present were City Council Representative Sharron Spencer and the following City Staff: Ron Stombaugh Planner II Gerrie Graham Development Services Assistant CALL TO ORDER Chairman Carl Hecht called the meeting to order at approximately 6:15 P.M. :• e Chairman Hecht held roll call and announced that Member Jim Kelso and 2nd Alternate Carl Tomerlin were absent. NEW BUSINESS BOARD OF ZONING ADJUSTMENT CASE BZA02-04 JACK HARDESTY 428 E. WORTH STREET The first item was for the Board of Zoning Adjustment to consider BZA02-04, submitted by Jack Hardesty/Exterior Enterprises, representing the property owner Ms. Maxine Eidson, for property located at 428 E. Worth Street and platted as Lot 6, Yates and Jenkins, City Of Grapevine. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 43.E.3., Supplementary District Regulations which allows the Board to approve the remodeling or expansion of a nonconforming use. The applicant requested to allow an addition to be placed on an existing nonconforming residence. Board of Zoning Adjustment 04/01/2002 Mr. Stombaugh explained that Staff found that there were special conditions, specifically the structure was existing, and was built prior to the current ordinance requirements. He explained that the addition would be even with the side of the existing structure, and would meet the 25 -foot rear yard setback. Jack Hardesty, the applicant, was present to answer any questions. 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, Holt Nays: None Absent: Kelso, Tomerlin Next, Kip Bruner made a motion that there were special conditions, specifically the structure was existing, and was built prior to the current ordinance requirements. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Holt Nays: None Absent: Kelso, Tomerlin Kip Bruner then made a motion to grant the variance to Section 43.E.3., Supplementary District Regulations, allowing an addition to be placed on an existing nonconforming use, in accordance with the submitted site plan. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Holt Nays: None Absent: Kelso, Tomerlin BOARD OF ZONING ADJUSTMENT CASE BZA02-05 RICHARD PEMBERTON 401 N. DOOLEY STREET Next the Board of Zoning Adjustment considered BZA02-05, submitted by Richard Pemberton for property located at 401 N. Dooley Street, platted as Lot 1, Block A, J. Jones Addition. The following request was from Grapevine Comprehensive Zoning Ordinance 82-73: Section 16.G.2, "R-5.0" Zero -Lot -Line District, Area Regulations, which requires the depth of the rear yard to be no less than 25 -feet. The applicant requested a variance of four -feet to this requirement to the west 2 Board of Zoning Adjustment 04/01/2002 and if approved by the Board, would allow a rear yard setback of 21 -feet to the west. Mr. Stombaugh explained that Staff found no special conditions for the request. He explained that although it was a reverse frontage lot which required a minimum lot width of 75 -feet and a depth of 100 -feet, the lot met all the requirements of the zoning ordinance. Richard Pemberton, applicant, of 1701 N. Dunn Street, Grapevine, Texas, took the Oath of Truth. He explained that the property had been replatted and rezoned from multi -family to R-5.0, Zero Lot Line District. Mr. Pemberton explained that he was requesting the garage encroach into the rear yard two -feet instead of four -feet. He also noted that the Board would probably see more of these types of variances for this subdivision. Milton Watts of 1824 Arch, Fort Worth, Texas, took the Oath of Truth. He explained that he felt he was still the owner of the property. Chairman Carl Hecht explained that the Board of Zoning Adjustment was not able to resolve an ownership problem. He explained they were only to consider the requested variance. Sharron Spencer, City Council Liaison, of 3214 Wintergreen Terrace, took the Oath of Truth. She explained that when the property was rezoned to R5.0, Zero Lot Line District, the City Council made it very clear that any new construction would need to adhere to the minimum standards of the zoning requirements. John Brewer of 1500 N. Cobb, Hobbs, New Mexico, took the Oath of Truth. Mr. Brewer explained that he had had clear title of the property for the last 40 years. He felt that a variance should not be heard since there was a question concerning the correct property owner. Mr. Stombaugh explained that when the property was rezoned, the latest approved city tax rolls were used to notify property owners within 200 feet. He explained that during the rezoning of the property, the surveyor did the best job he could under the circumstances regarding the ownership problems. With no one else to speak either for or against the request, Kip Bruner made a motion to close the public hearing. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Holt Nays: None Absent: Kelso, Tomerlin 3 Board of Zoning Adjustment 04/01/2002 After further discussion, Debbie Holt made a motion that no special condition existed; therefore denied the request. Kip Bruner seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Holt Nays: None Absent: Kelso, Tomerlin MINUTES Next the Board of Zoning Adjustment considered the minutes of the March 4, 2002, Briefing Session and Public Hearing. Ron Cook made a motion to approve the minutes of the March 4, 2002, Briefing Session. Dennis Luers seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Holt Nays: None Absent: Kelso, Tomerlin Ron Cook then made a motion to approve the minutes of the March 4, 2002, Public Hearing. Debbie Holt seconded the motion which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Holt Nays: None Absent: Kelso, Tomerlin STAFF REPORTS Mr. Stombaugh explained that a Nissan Dealership withdrew their conditional use request for the old Payton -Wright dealership site. He explained that the applicant was waiting for approval from the Texas Motor Vehicle Commission. Mr. Stombaugh explained that construction of Wal-Mart and the Sam's project should start as soon as summer. He explained that there would be three entrances off of State Highway 114 and two off of State Highway 26. Ron Cook asked how the property ownership issues would be resolved on Turner Street. Mr. Stombaugh explained that the surveyor did a complete title search on the property. He said that he would consult with the City Attorney. El Board of Zoning Adjustment 04/01/2002 Kip Bruner made a motion to adjourn. Debbie Holt seconded the motion, which prevailed by the following vote: Ayes: Hecht, Luers, Cook, Bruner, Holt Nays: None Absent: Kelso, Tomerlin The meeting was adjourned at 6:55 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE DAY OF 2002. SECRETARY FA*TM-,16171"R ,T'T CHAIRMAN 9