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HomeMy WebLinkAboutBBA2018-01 GRA ]EATINE T Ex x A S � February 14, 2018 Don and Bessie Porter 424 Ball Street Grapevine, TX 76051 RE: BUILDING BOARD OF APPEALS CASE #BBA18-01 424 BALL STREET Mr. & Mrs. Porter: On February 12, 2018, the Building Board of Appeals denied Building Board of Appeals Case BBA18-01 for 424 Ball Street, legally described as Lot 1, Block 1, Bannister Addition. The following request was to Grapevine Code of Ordinances, Chapter 7, Article IV: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. The Board denied the request to allow a four-foot seven inch (47")hog wire and cedar post fence and electric gate with more than 50% through vision within the required and established front yard. There is also a solid wood fence, varying in height up to eight-feet (8') tall in both the required and established front yard. A copy of the minutes will be available after they have been approved at the next regular Building Board of Appeals meeting. If you need a copy for your records, please contact Connie Cook at 817-410-3158. Z y 'lliams p ent Services Director/ Official cc: Don Dixson,Assistant Building Official Mande Pancholy,Plans Examiner Development Services Department The City of Grapevine * P.O. Box 95104* Grapevine, Texas 76099 (817)410-3165 Fax(817)410-3012 * www.grapevinetexas.gov LEGAL DESCRIPTION Texas Registered Engineering Flrm a F-8331 and svveyyv,g Firm o loo9laoo Lots 1 and 2, BANNUTM ADDMON, an Addition to the Notes: IM City of Grapevine, Tarrant County, Texas, according o 8 thine Easement, Vol. 9214, Pg. 1135, Dhis prop Too vague to locate. plat recorded in Cabinet A. Slide 11384, Deed Records this easement may w may not affect this property. of Tarrant County, Texas. O Awarding to the Federal Emergency Management Agency Flood Insurance K. m Rate Map, Community Panel Nos. 4843900105 K &4843900115 K. datted d September 25,2009, this property does not fie within a 100-Year Flood n Hazard Area. Scale: 1'- 40' Tech, JD Job No, - 1C� WR Field: IR 1512RT327 N O LOT 7, BLOCK 2 DELLWOOD ACRES VOL. 358-36, PG. 75 chain-link fence post bears P.R.T.C.T. N 8 ' 1511 52" E 2.76' CM C N 00' 20' 24 j1 E 174 AG I 1/2 I r0 7 IRF 10' U.E. • -A R -U r L r 25. N Z N RESIDENCE /3rD � 50.5' 3.6 I 7111rii1 e L C ' - iu 25.0 N Cl 0 A nrl I Z D rn Lin Lu O I 26.3' OD :t)A A .. , Sy ;U N A C �aS� in concrete'`.r. y -1 A o D ?n m s:, :;delve, LOT I n p O -1m- m 10.0' N p 71.1. 7,, BLOCK.�� 49914 350pFf.I IAwE J NZ rr- N I do I�4-U 1; M ul — > �OT 2 Z I N Uj N OD r • 1AA 6POq lhl&- d o t I em�� b _�,-,� I �W� 1 I/2 I `—�_ _ 3 Ca IRF 67 301 M e , n 5/a_ sewer hole C 4 48 r _ 85 �,. .5�e" s�13; power pal bears R = inlet 5 (W 21' 20" E 5.33' 1189.95 /8" T 1,�. -� PP _R may. 4 1 LL 'J 1 87-5,B- G% - �fR. <75' j�� T � ....................... PAUL G. FULLER II ....................... -A 4843 v. �7��FESS t p�.• Address, 424 t 428 BALL STREET tip•�5 U R G.F, No.; 15-04079 Date: 12/14/2015 P rc I, Paul G. Fuller II, Registered F'roFesslonal Lad Surveyor No.4&0, do hereby deelore that the"'P ehaun herren ocnrrately represents the property ae determined by an an-the-greed survey made under my dlrect supevisim and DATE: Purchaser —rectly shows the boundary Ik:es and di nmslans of the property, m Feed an ACCEPTED BT: the data of the survey, Indicated Ferran.There are no visible cmFlicty,ar All ec laro, ex and m'-of- and'aid property`'® has W tu°Public- dabs. FULLER ENGINEERING All easvnmt+and right-of-ways that the survayar Floe lotowledge of or'has hers advised of ad Shoes shaum an the referenced Plot aF record are eh—or noted hwaan.TMs survey is for the exclusive use of title company, the maregage and & LAND SURVEYING, INC. d the purcFmer. LEGEND OF ABBREVIATIONS AND SYMBOLS B.L. - Building Line I.P.F. - Iron Pipe Found © - Burled Cable Riser —//— - Wood Fence C.M. - Control Mcnunrlent I.R,F. - Iron Rod Found P.O.S-E- - Public Open Space Eosernent 0— -Chain Link JF.—D-E. - Drainage F�nent I.R.S. Capped Iron Rod Set R.O.W. - Right of Way D.U.E.- Drainage t Utility O.H.E. -0wheud ElecWc In - Telephne Riser D - Iron Fence Emement M.E. - Maintenance Easement( ) - Record Dam U-E- - UiI1ftY F�suneM —X— - Wire Petite ET - Electric TrmsFormer ( ) - Bev- Basis 09 - f� Meter � Electric Me 2411 GARDEN PARK COURT, ARLINGTON, TX. 76015 - PH# (817)856-2442, FAX# (517)451-5676 AGENDA CITY OF GRAPEVINE BRIEFING SESSION BUILDING BOARD OF APPEALS MONDAY EVENING, FEBRUARY 12, 2018 AT 6:00 P.M. PLANNING & ZONING CONFERENCE ROOM, 2ND FLOOR 200 SOUTH MAIN STREET GRAPEVINE, TEXAS I. CALL TO ORDER il. BRIEFING SESSION A. Building Board of Appeals to conduct a briefing session to discuss items scheduled to be heard in the February 12, 2018, public hearing. III. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENT AT THE MEETING, PLEASE CONTACT THE DEVELOPMENT SERVICES OFFICES AT 817-410-3158. 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 REGULAR BUILDING BOARD OF APPEALS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 5TH DAY OF FEBRUARY, 2018 AT 5:00 P.M. CO LLIAMS D E TOR DEVELOPMENT SERVICES / BU NG OFFICIAL AGENDA CITY OF GRAPEVINE BUILDING BOARD OF APPEALS MEETING MONDAY, FEBRUARY 12, 2018, 6:15 P.M. CITY HALL COUNCIL CHAMBERS, 2ND FLOOR SECOND FLOOR—CITY HALL 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 76051 I. CALL TO ORDER II. OATH OF OFFICE III. ELECTION OF OFFICERS IV. PUBLIC HEARING A. Building Board of Appeals to conduct a public hearing relative to Case BBA18-01 submitted by Don Porter, for property located at 424 Ball Street and consideration of same. B. Building Board of Appeals to conduct a public hearing relative to Case BBA18-02 for the consideration of the possible amendments to Chapter 7 of the Grapevine Code of Ordinances, Buildings and Construction, Article IV, Section 7-127 fences, relative to front yard requirements. C. Board of Building Board of Appeals to consider 2018 Meeting Agenda Schedule, and take any necessary action. V. MINUTES Building Board of Appeals to consider the minutes of the May 9, 2016, Briefing Session and Public Hearing. VI. ADJOURNMENT IF YOU PLAN TO ATTEND THIS PUBLIC MEETING AND YOU HAVE A DISABILITY THAT REQUIRES SPECIAL ARRANGEMENT AT THE MEETING, PLEASE CONTACT THE DEVELOPMENT SERVICES OFFICES AT (817) 410-3158. 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 REGULAR BUILDING BOARD OF APPEALS MEETING AGENDA WAS PREPARED AND POSTED ON THIS THE 5TH DAY OF FEBRUARY, 2018, AT 5:00 P.M. r SCO WILLIAMS DlRt4TOR DEVELOPMENT SERVICES / BUILDING OFFICIAL MEMORANDUM BUILDING INSPECTIONS MEMO TO: BUILDING BOARD OF APPEALS FROM: SCOTT WILLIAMS, BUILDING OFFICIAL SUBJECT: BUILDING BOARD OF APPEALS CASE #BBA18-01 424 BALL STREET MEETING DATE: FEBRUARY 12, 2018 RECOMMENDATION: Staff recommends the Building Board of Appeals Deny the following request to City of Grapevine Code of Ordinances, Chapter 7, Article IV, Fences, for property addressed as 424 Ball Street, legally described as Lot 1, Block 1, Bannister Addition: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. The applicant is requesting to construct a four-foot seven inch (47') hog wire and cedar post fence and electric gate with more than 50% through vision within the required and established front yard. There is also a solid wood fence, varying in height up to eight-feet (8') tall in both the required and established front yard. SPECIAL CONDITION: There is no special condition for this request. The fence was constructed illegally, by unregistered contractors, without permits. This lot is not a rural, stand-alone property, as the Board has occasionally approved in the past, but is located in the middle of town, with other residences all around it. BACKGROUND INFORMATION: The applicant has stated that he needs the fence to protect children from the busy street. However, this is not a unique condition to the property, and many residents have made the same argument in the past, and their permits were denied. Most importantly, a complying fence could be constructed legally on the property, or the existing illegal fence could be easily modified to comply with the ordinance. 0AMemo1BBA18-01 Staff became aware of the illegal construction by visual observation. Code Enforcement Officers have issued citations to the contractor who performed the illegal construction. Lastly, the homeowner has indicated that this contractor has constructed many more illegal fences without permits. Among the many other reasons noted, it is important that the request be denied so that the contractor is not rewarded for intentional and knowing violation of the ordinance. While staff has no desire to punish the homeowner, economic hardship cannot be a factor in how the code is enforced (or how the Board makes its decision). However, it can only be hoped that the homeowner will seek recourse from the contractor who performed the illegal construction. 0:\Memo\BBA18-01 - ♦ T'` '�. `�y.\\ SAY r a V - . 1 mo 4 Ali BBAl J ~ v • l 424 BALL STREET 1 inch 60 feet Wall c > Texas v m Sunset Subject Property rrant .. ................. . Holl Franklin Surre N W E BBA1s-o1 424 BALL STREET S 1 inch = 200 feet 686 l8-al 016 4 CITY OF GRAPEVINE DEC 2 9 2017 BUILDING BOARD OF APPEALS Sy APPLICANT ll)�O- ADDRESS: 42.NAME: �� 5 A i L CITY: s+- I!" _ STATE:% ZIP: PHONE I O; Ho'Ke: $I7 �� �j?? c� 81 31Z 52G'� PROPERTY OWNER(S1 NAME: —' �� ADDRESS: ' CITY: STATE: ZIP: PHONE NO:, Home: Office: ADDRESS AND LEGAL DESCRIPTION OF PROPERTY FOR WHICH APPEAL IS REQUESTED: SPECIFIC NATURE OF APPEAL:'4WJ& D.�/ 455FL16 OkleD J& -F94 f �[W- - ?-T` L.Dr 9 LC- rZ? AMY . fT. F" oµ lk_�� STATE JUSTIFICATION FOR THE APPEAL AND EXPLAIN HOW A HARDSHIP WOULD BE CREATED IF THE APPEAL IS NOT GRANTED. EXPLAIN HOW YOUR SITUATION IS PECULIAR TO THE CIRCUMSTANCES CONTEMPLATED BY THE ORDINANCE AND ATTACH DRAWINGS NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. (YOU DO NOT NEED TO ATTACH THE SAME DRAWINGS AS ATTACHED TO YOUR- APPLICATION FOR A BUILDING PERMIT AS THE BUILDING OFFICIAL WILL PROVIDE THE BOARD WITH THOSE RECORDS). ag C4 11 ?0 1IAb'r4kL 'h r rf' GG�_0�K. 6raANDK-lbS APPLICANTS ARE REQUESTED TO ATTEND MEETING AP (CANT rint or a OWNER nt or P type) {P type) t Ali APPLICANT'S SIGN OWNER'S SIGNATURE 01FORM91313AApplic0on Rev:0112011012,1/13.1/14 (cooKU7.) fi5r4��, rr NA-T6Regp OE.cL- -e4?" 4�14cE Afio' IW WrAl— 0 6R r— PA?CK-1y) hy-40CA 6(kR POOL- . WE aOt7g" its rSNCE IbQ 'rA-PPCAPA^lc6n ACS WC-{� JAS Wint6- °SAW' Ibg 609 CsIzANb P DS , 'C1kE -FeNLti 75U I L A:EfZ 4A-5 cJASTOA SV A f -rx .Fou.DU)i +SG- �RAPV:� N;EF > Prh�f 51�Jt��- B�z �3q dot 8 9ai SK�y�r' �at�rMod Atr 811- Zg2.- 533 Ull BY GRAPEVINE TX CODE OF ORDINANCES Sec. 7-127. - Front yard requirements. (a) Corner lots: It shall be unlawful to erect a fence in the required front yard building setback area or the established front yard area, whichever area is greater in depth, on any corner lot, except along the interior lot line in accordance with subsection (b). (b) Interior lots: (1) It shall be unlawful to erect a fence, hedge or vines over 36 inches in height in the required front yard area or the established front yard area, whichever area is greater in depth, on any interior lot. (2) It shall be unlawful to erect a fence, hedge or vines in the required front yard area or the established front yard area, whichever area is greater in depth, on any interior lot that does not have at least 50 percent through vision. (3) It shall be unlawful to maintain a fence, hedge or vines in the required front yard area or an established front yard area, whichever area is greater in depth,,pf an interior lot in a manner that does not permit at least 50 percent through vision. (4) For the purpose of this section, "established front yard area" shall mean an open, unoccupied space on a lot facing a street and extending across the front of a lot between the side yard lines and extending from the abutting street to a principal building or structure. The phrase "required front yard" shall have the meaning ascribed to it in the Grapevine Zoning Ordinance No. 82-73. (Ord. No. 72-7, § 8, 2-15-72; Ord. No. 88-84, § 1, 12-6-88) DEC 2 9 2037 gy PaFTM 424 B&L. b(I-Oco--+33 3 4 ofea W t RE s ET 1 'o X-PA - - NOxfOa�.S $o�. Teo posTS 4 1R ofEgru 5 IN low- ORE" s&T I4To ss c� GeUAI� TNO�K F.A Q.S L.-V A?A I Z:eb poj.:E� cov meb W/C-9w 30WM-T3 T& �t� '-p I t' ��tl a-:• s -. '•,rig_ _1,�,�- •` 4}4j f!,`r't:� .+�t Tr t,-1- - w�ti°.•,G IY9 � e. 'r INM ,�. op ITT i, ,. ,�ia� tK�l;`;.P Ay} 'r MI'x5. -� u / ��!L`�•�.. �°�'>: �� ��� ,� Yt .� � .,i �.1.� '.1.� -•,�. lit J7th _ t w ' 4 ' �C we • . d {�!' yr! .. s ,� [ � t�s9� � � r-�^ b 5F ` r y �4 � n • a � � 5 . > Texas v m Sunset Heather I I I I Holly rrant ..L......-- a — w Chelsea o i Sur e I j I I Colle e N w E BBA18-01 424 BALL STREET s 1 inch = 200 feet BBA18 01 011218 090336AM Labels-Count:28 ALICE POLLARD HARVEY D MILLER THE KENNETH&CLYDENE JOHNSON 446 HOLLY ST 2847 CANYON DR 812 W SUNSET ST GRAPEVINE GRAPEVINE GRAPEVINE 76051 76051 76051 ANNE LAPKIN JERRY G WARREN THOMAS P TALBOT 904 W SUNSET ST 433 HOLLY ST 908 W SUNSET ST GRAPEVINE GRAPEVINE GRAPEVINE 76051 76051 76051 CITY OF GRAPEVINE JIM BOB BRUCE VICTORIA HECKO PO BOX 95104 427 HOLLY ST 449 HOLLY ST GRAPEVINE GRAPEVINE GRAPEVINE 76099 76051 76051 CRAIG DALTON JOHN GLAESS 1215 RIDGEWOOD CIR 1229 OAKGROVE LN SOUTHLAKE BEDFORD 76092 76021 DAVID B CANIS KAREN A ETVIR HARVEY MILLER 911 W SUNSET ST 2847 CANYON DR GRAPEVINE GRAPEVINE TX 76051 76051 DONALD PORTER MICHAEL TOCE 424 BALL ST 901 W SUNSET ST GRAPEVINE GRAPEVINE 76051 76051 FIRST UNITED METH CH GRAPEVINE PATRICIA SAGASTUME 422 CHURCH ST 1115 AIRLINE DR GRAPEVINE GRAPEVINE 76051 76051 FLORINE HUFF PEGGY D POWERS-WEST 3015 LAGO ST 917 W SUNSET ST ALVIN GRAPEVINE 77511 76051 GRAPEVINE HISTORIC HOMES LLC PHILLIP M WARE 504 W COLLEGE ST 443 HOLLY ST GRAPEVINE GRAPEVINE 76051 76051 HARVEY MILLER SUZANNE SEWARD 2847 CANYON DR 439 HOLLY ST GRAPEVINE GRAPEVINE 76051 76051 Pagel CITY OF GRAPEVINE NOTICE OF PUBLIC HEARING BOARD OF BUILDING APPEALS CASE #BBA18-01 DON PORTER 424 BALL STREET Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls ou received this notice. If you cannot or do not wish to attend the public hearing, the attached form is provided for your convenience. Purpose of Request: The applicant has submitted an application to the Department of Development Services for 424 Ball Street, legally described as Lot 1, Block 1, Bannister Addition. The following request is to the City of Grapevine Code of Ordinances, Chapter 7, Article IV, Fences: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. The applicant is requesting to construct a four-foot seven inch (47") hog wire and cedar post fence and electric gate with more than 50% through vision within the required and established front yard. There is also a solid wood fence, varying in height up to eight-feet (8) tall in both the required and established front yard. A copy of the site plan is on file at the Department of Development Services, 200 South Main Street, Grapevine, Texas. HEARING: WHEN: MONDAY, FEBRUARY 12, 2018, AT 6:15 PM WHAT: BUILDING BOARD OF APPEALS PUBLIC HEARING LOCATION: CITY COUNCIL CHAMBERS, 2ND FLOOR, 200 SOUTH MAIN STREET PROCEDURE: 1. City Staff Introduction of Case and Applicant 2. Applicant and Other Speakers' Presentation 3. Public Input from Neighborhood Associations, Property Owners within 200 feet, Interested Citizenry 4. Questions from Board of Zoning Adjustment for Applicants, City Staff and Guests Present 5. Public Hearing Closing 6 Determining if a Special Condition Exists 7. Vote CASE #BBA18-01 CITY OF GRAPEVINE DON PORTER 424 BALL STREET ALL WRITTEN CORRESPONDENCE MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, FEBRUARY 12, 2018. Procedure to Respond: As(a Property Owner within 200 feet of the subject tract)or(an interested citizen), I (approve) (protest) and/or(have the following comments) Print Name, Address, City, Zip, Lot, Block and Subdivision: Signature: Phone#: Telephone: 817-410-3158 Fax: 817-410-3012 Mail responses to: Direct questions/deliver responses to: Building Board of Appeals Planning & Building Inspections Division Department of Development Services Department of Development Services City of Grapevine City of Grapevine P. O. Box 95104 200 S. Main Street Grapevine, TX 76099 Grapevine, TX 76051 CASE #13 BA18-01 CITY OF GRAPEVINE DON PORTER 424 BALL STREET ALL WRITTEN CORRESPONDENCE MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, FEBRUARY 12, 2018. Procedure to Respond: As (a Property Owner within 200 feet of the subject tract)or(an interested citizen), I (approve) (protest) and/or (have the following comments) f2 0/:". III r',f QN4 LI ?#6 1&1W 7-- AT 1-G �1� �v11T ld-Tfl /y9 !'AtAtZ d r4- 0 F %ft6 ,rtl�1^�tr'�d2/�00/J Print Name, Address, City, Zip, Lot, Block and Subdivision: �l2 1r.1, su NS�T Gq'A\EL-4 r 1JF-; �� 71vv SL �L k..i. LET 1_ SoFINSo,a *td�CT lox! Signature:_ fin, .� �: - Phone#:- L-R3 lV� Telephone: 817-410-3158 Fax: 817-410-3012 Mail responses to: Direct questions/deliver responses to: Building Board of Appeals Planning & Building Inspections Division Department of Development Services Department of Development Services City of Grapevine City of Grapevine P. O. Box 95104 200 S. Main Street Grapevine, TX 76099 Grapevine, TX 76051 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City of Grapevine, Texas, met on Monday evening, February 12, 2018, 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: Joe Lipscomb Chairman Jerrold Sklar Vice-Chairman Clint Hallman Member Paul Biesiadny Member Paul Coventry Member Shea Kirkman Member constituting a quorum. Also present were City Council Representative, Chris Coy and the following City Staff: Scott Williams Development Services Director/ Building Official Don Dixson Assistant Building Official Connie Cook Development Services Assistant CALL TO ORDER Chairman Joe Lipscomb called the Briefing Session of the Building Board of Appeals to order at approximately 6:00 P.M. NEW BUSINESS Scott Williams briefed the Building Board of Appeals regarding the item scheduled to be heard in the regular public hearing. ADJOURNMENT With no further discussion, the meeting was adjourned at approximately 6:14 P.M. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 19TH DAY OF MARCH 2018. APPROVED: HAIRMAN SECRETARY 2 Building Board of Appeals 02/12/2018 STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Building Board of Appeals for the City of Grapevine, Texas, met in regular session, Monday evening, February 12, 2018, at 6:15 p.m., in the City Council Chambers, 2nd Floor, 200 South Main Street, Grapevine, Texas with the following members present: Joe Lipscomb Chairman Jerrold Sklar Vice-Chairman Clint Hallman Member Paul Biesiadny Member Paul Coventry Member Shea Kirkman Member constituting a quorum. Also present were City Council Representative, Chris Coy and the following City Staff: Scott Williams Development Services Director/ Building Official Don Dixson Assistant Building Official Connie Cook Development Services Assistant CALL TO ORDER Chairman Joe Lipscomb called the Public Hearing to order at approximately 6:15 p.m. OATH OF OFFICE Connie Cook administered the Oath of Office to reappointed Chairman, Joe Lipscomb, Vice-Chairman, Jerrold Sklar, Members, Clint Hallman, Paul Coventry, Paul Biesiadny and Shea Kirkman. ELECTION OF OFFICERS For office of Chairman, Paul Biesiadny nominated Joe Lipscomb. Jerrold Sklar seconded the motion which prevailed by the following vote: Ayes: Sklar, Hallman, Biesiadny, Coventry, Kirkman Nays: None Abstain: Lipscomb Absent: None Joe Lipscomb was re-elected as Chairman. For office of Vice-Chairman, Paul Biesiadny nominated Jerrold Sklar, Clint Hallman seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Hallman, Biesiadny, Coventry, Kirkman Nays: None Abstain: Sklar Absent: None Jerrold Sklar was re-elected Vice-Chairman. PUBLIC HEARING BUILDING BOARD OF APPEALS TO CONSIDER BUILDING BOARD OF APPEALS CASE BBA18-01, CITY OF GRAPEVINE The Building Board of Appeals considered BBA18-01 submitted by property owners Don and Bessie Porter for property located at 424 Ball Street, legally described as Lot 1, Block 1, Bannister Addition. The request was to Grapevine Code of Ordinances, Chapter 7, Article IV, Fences: Section 7-127, Fences, Front Yard Requirements, requires fences constructed in a required or established front yard to be 36 inches or less in height, and have at least 50 percent through vision. Scott Williams explained that Staff recommended the Building Board of Appeals deny the applicant's request for approval of a four-foot seven inch (47") hog wire and cedar post fence and electric gate with more than 50% through vision within the required and established front yard. There was also a solid wood fence, varying in height up to eight- feet (8) tall in both the required and established front yard. Mr. Williams stated that occasionally Staff recommended approval for front yard fences for large lots requested on the periphery of town and agricultural environment when not surrounded by other homes. Although this lot was large it was an R.7-5 standard single family zoning in the middle of town. He further explained that the fence was constructed without a permit and by an unregistered contractor. With no questions for Mr. Williams, Don Porter of 424 Ball Street, Grapevine, Texas, addressed the Board; he provided photos of the fence that had been constructed and explained to the Board that Ball Street had become extremely busy and had been concerned for the safety of his grandchildren. He explained that unsupervised children came onto his property and for insurance purposes wanted to prevent them from doing so. He explained the fence had been designed to complement the 1900's farm house era. He requested favorable consideration of his request and offered to answer any questions of the Board. Shea Kirkman asked Mr. Porter if the Historic Preservation approval he had referenced had strictly been for the fence around the pool. Mr. Porter stated yes, it was exactly like the one that had been constructed. Mr. Kirkman asked when had the pool been constructed and had a permit been obtained for the fence. Mr. Porter stated, the pool had been constructed approximately three (3) years ago, and that a green tag would not been issued unless there had been a fence around it. 2 Building Board of Appeals 02/12/2018 Paul Biesiadny asked Mr. Williams if approval from the Historic Preservation Department required on this property. Mr. Williams stated, yes, there was an Historic overlay. The Historic Preservation Department was holding the release of the Certificate of Appropriateness based on the outcome of the Board's decision. The appropriateness of the fence had not been an issue. With no further questions for Mr. Porter, and no additional speakers, Paul Biesiadny made a motion to close the public hearing. Jerrold Sklar seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Biesiadny, Coventry, Kirkman Nays: None Absent: None Mr. Williams re-addressed the Board, he stated that the fence could easily be reduced to 36 inches. He also stated that Staff would consider the front face of the garage to be the front face of the main residence and would consider it legal and conforming if the fence extended parallel to the front face of the garage. Mr. Williams further stated that the solid fence along the north property line was illegal. Don Porter re-addressed the Board, he stated. that placing the fence in front of the garage would be cutting the property in half and did not understand why the solid fence was not legal. He stated there were no eight-foot (8') fences on the property. The fence that had been installed across the back of the lot when the house was constructed was exactly what was on the sides of the property. Jerrold Sklar made a motion that a special condition did not exist to support the request, and deny the variance request to Section 7-127, Fences, Front Yard Requirements, Clint Hallman seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Biesiadny, Coventry, Kirkman Nays: None Absent: None BUILDING BOARD OF APPEALS TO CONSIDER BUILDING BOARD OF APPEALS CASE BBA18-02. CITY OF GRAPEVINE The Building Board of Appeals considered BBA18-02 submitted by The City of Grapevine. The request was to Grapevine Code of Ordinances, Chapter 7, Article IV: Section 7-127 fences, relative to front yard requirements. Scott Williams explained Staff recommended the Building Board of Appeals discuss possible amendments to Chapter 7 of the Grapevine Code of Ordinances, Buildings and Construction, Article IV, Section 7-127 fences, relative to front yard requirements. 3 Building Board of Appeals 02/1212018 Mr. Williams explained that the current fence ordinance was adopted in 1972, and had not been significantly amended since. Mr. Williams stated that the majority of cases brought before the Board had been fence variance requests, either for fences exceeding 36" in height in a required or established front yard, or large stand-alone lots outside of typical neighborhoods within town. He presented the Board fence requirements of surrounding communities. Mr. Williams stated that Staff wanted to give the Board opportunity to provide input and recommendation to present to City Council. With no questions for Mr. Williams, Don Porter of 424 Ball Street, Grapevine, Texas, addressed the Board; he expressed his disappointment in the Board's decision in his case and did not understand what a hardship was. Mr. Williams explained to Mr. Porter and the Board what constituted a hardship. Discussion was held concerning postponing recommendation for 30 days, allowing the Board time to consider possible changes. With no questions for Mr. Williams and no additional speakers, Shea Kirkman made a motion to close the public hearing. Jerrold Sklar seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Biesiadny, Coventry, Kirkman Nays: None Absent: None Recommendation to forward to the City Council possible amendments to Chapter 7 of the Grapevine Code of Ordinances, Buildings and Construction, Article IV, Section 7- 127 fences, relative to front yard requirements was postponed to the Building Board of Appeals March 2018 meeting. NEW BUSINESS Next the Building Board of Appeals considered the 2018 Agenda Schedule with a correction to March 12, 2018 to be determined at a later date and Board notified by Staff. Clint Hallman made a motion to accept the 2018 Meeting Agenda Schedule. Paul Coventry seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Biesiadny, Coventry, Kirkman Nays: None Absent: None MINUTES Next for the Board to consider was the minutes of the May 9, 2016, Briefing Session and Public Hearing. 4 Building Board of Appeals 02/12/2018 Jerrold Sklar made a motion to accept the minutes of the May 9, 2016, Briefing Session and Public Hearing. Clint Hallman seconded the motion which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Biesiadny, Coventry, Kirkman Nays: None Absent: None ADJOURNMENT With no further discussion, Paul Coventry made a motion to adjourn. Jerrold Sklar seconded the motion, which prevailed by the following vote: Ayes: Lipscomb, Sklar, Hallman, Biesiadny, Coventry, Kirkman Nays: None Absent: None The meeting was adjourned at approximately 7:05 p.m. PASSED AND APPROVED BY THE BUILDING BOARD OF APPEALS OF THE CITY OF GRAPEVINE, TEXAS, ON THE 19TH DAY OF MARCH 2018. APPROVED: CHAIRMAN V SECR ARY 5 Building Board of Appeals 0 2/1 212 01 8