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HomeMy WebLinkAbout2019-08-05 Regular Meeting AGENDA CITY OF GRAPEVINE BRIEFING SESSION BOARD OF ZONING ADJUSTMENT MONDAY, AUGUST 5 2019, 6:00 P.M. PLANNING AND ZONING CONFERENCE ROOM SECOND FLOOR— CITY HALL 200 SOUTH MAIN STREET GRAPEVINE, TEXAS 76051 I. CALL TO ORDER II. BRIEFING SESSION A. Board of Zoning Adjustment to conduct a briefing session to discuss items scheduled to be heard in the August 5, 2019 public hearing. III. ADJOURNMENT 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. IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551.001 et seq. ACTS OF THE 1993 TEXAS LEGISLATURE, THE BOARD OF ZONING ADJUSTMENT BRIEFING SESSION AGENDA WAS PREPARED AND POSTED ON THIS THE 29TH DAY OF JULY 2019 AT 5:00 P.M. RON STOMBAUGH ASSISTANT DIRECTOR, DEVELOPMENT SERVICES AGENDA CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT MEETING MONDAY, AUGUST 5, 2019, 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 Il. ROLL CALL III. OATH OF OFFICE IV. ELECTION OF OFFICERS V. PUBLIC HEARING A. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA19-04 submitted by Lemoine Wright, for property located at 729 Forest Street and consideration of same. B. Board of Zoning Adjustment to conduct a public hearing relative to Board of Zoning Adjustment Case BZA19-05 submitted by Stephen Porcari, for property located at 218 Ruth Street and consideration of same. VI. MINUTES Board of Zoning Adjustment to consider the minutes of the April 1, 2019 meeting and take any necessary action. VI I. 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 29TH DAY OF JULY 2019 AT 5:00 P.M. -54 /Z/j L RON STOMBAUGFO ASSISTANT DIRECTOR, DEVELOPMENT SERVICES STATE OF TEXAS COUNTY OF TARRANT CITY OF GRAPEVINE The Board of Zoning Adjustment for the City of Grapevine, Texas, met on Monday evening, August 5, 2019, at 6:00 P.M. in the Planning and Zoning Conference Room, 2"d Floor, 200 South Main Street, Grapevine, Texas, for a Briefing Session with the following members present to wit: George Dalton Chairman Tracey Dierolf Vice-Chairman John Sheppard Secretary Doug Anderson Member Ben Johnson Member Jonathan Gaspard Alternate John Borley Alternate constituting a quorum, with City Council Representative Sharron Rogers absent. Also present was Alternate City Council Representative Leon Leal and the following City Staff: Ron Stombaugh Development Services Assistant Director Albert Triplett Planner II Connie Cook Development Services Assistant CALL TO ORDER Chairman George Dalton called the Briefing Session of the Board of Zoning Adjustment to order at approximately 6:00 P.M. OATH OF OFFICE Connie Cook administered the Oath of Office to reappointed Vice Chairman, Tracey Dierolf, Secretary, John Sheppard and newly appointed Alternate, John Borley. ELECTION OF OFFICERS For office of Chairman, John Sheppard nominated Tracey Dierolf. Jonathan Gaspard seconded the motion which prevailed by the following vote: Ayes: Dalton, Sheppard, Johnson, Anderson, Gaspard, Borley Nays: None Absent: None Abstain: Dierolf Tracey Dierolf was elected as Chairman. For office of Vice-Chairman, Jonathan Gaspard nominated John Sheppard. George Dalton seconded the motion which prevailed by the following vote: Ayes: Dierolf, Dalton, Johnson, Anderson, Gaspard, Borley Nays: None Absent: None Abstain: Sheppard John Sheppard was elected as Vice-Chairman. For office of Secretary, George Dalton nominated Ben Johnson. John Sheppard, seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Dalton, Anderson, Gaspard, Borley Nays: None Absent: None Abstain: Johnson Ben Johnson was elected as Secretary. NEW BUSINESS Albert Triplett briefed the Board of Zoning Adjustment regarding the item scheduled to be heard in the regular public hearing. ADJOURNMENT With no further discussion, John Sheppard made a motion to adjourn. George Dalton seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson, Gaspard, Borley Nays: None Absent: None The Briefing Session was adjourned at approximately 6:18 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 9TH DAY OF SEPTEMBER 2019. 2 Board of Zoning Adjustment 08-05-2019 APPROVED: 'e44 1A IRM SECR TA 2 Budrd of Zoning Adjustment 08-05-2019 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, August 5, 2019, at 6:15 P.M., in the Council Chambers, 2"d Floor, 200 South Main Street, Grapevine, Texas with the following members present: Tracey Dierolf Chairman John Sheppard Vice-Chairman Ben Johnson Secretary Doug Anderson Member George Dalton Member Jonathan Gaspard Alternate John Borley Alternate constituting a quorum, with City Council Representative Sharron Rogers absent. Also present was Alternate City Council Representative Leon Leal and the following City Staff: Ron Stombaugh Development Services Assistant Director Albert Triplett Planner II Connie Cook Development Services Assistant CALL TO ORDER Chairman Tracey Dierolf called the Public Hearing Session of the Board of Zoning Adjustment to order at approximately 6:24 P.M. PUBLIC HEARING BOARD OF ZONING ADJUSTMENT CASE BZA19-04, LEMOINE WRIGHT, 729 FOREST STREET The first item for the Board of Zoning Adjustment to consider was BZA19-04 submitted by Lemoine Wright for property located at 729 Forest Street, platted as Lots 1-R, Block 6, W.C. Lucas Addition. Section 15.G.4., "R-7.5" Single Family District, Area Regulations requires a minimum lot width of 65-feet. The applicant requested a variance of five-feet (5') to this requirement allowing a lot width of 60-feet (60') for an existing lot. Mr. Stombaugh explained that Staff found a special condition existed for the requested variance.. Specifically, the subject site was an existing platted lot, platted initially in 1962 which was in compliance with the zoning ordinance at that time. The City's first zoning ordinance adopted in 1955 established a minimum lot width of 60 feet for any lot used Board of Zoning Adjustment 08/05/2019 as a "one family" residence. The City's second zoning ordinance (Ordinance 70-10) adopted in April 1970, amended the minimum lot with for single family dwellings increasing it to 65 feet. Mr. Stombaugh stated that an amended plat was submitted relative to the subject property showing the extent of a floodplain easement along the rear (western) portion of the property. Despite the floodplain area occupying approximately 25 percent of the lot, there still remains nearly 15,000 square feet of the lot for residential development. The "R-7.5" Single Family District required a minimum 7,500 square feet for a single family lot. No other variances were required for the development of this lot. With no questions for Mr. Stombaugh, property owner, Lemoine Wright of 601 W. Wall Street, Grapevine, Texas, took the Oath of Truth: he gave a brief presentation to the Board and requested favorable consideration of his request and offered to answer any questions of the Board. With no questions for Mr. Wright, Julie Stratman of 715 Forest Street, Grapevine, Texas, took the Oath of Truth: she presented neighborhood concerns to the Board regarding drainage from subject property as well as an area at the end of the block that was not owned by any individual or the city and nothing had been done to take care of drainage issues it caused. She also expressed concerns the impact of additional construction would have in the area on such a narrow lot. Chairman Dierolf suggested they contact city engineers regarding drainage issues that had been discussed. Ron Stombaugh explained that a popular zoning in the city was R- 5.0 a 50 foot by 100 foot lot with a required six-foot (6) side yard setback. An additional speaker, Brooks Smalley, took the Oath of Truth: she presented photos to the Board regarding the unclaimed area at the end of the street. Discussion continued regarding drainage issues and the effect of the unclaimed property at the end of the street. Ron Stombaugh stated that their concerns were drainage issues and encouraged them to contact Senior Civil Engineer, Paul Lee in the Public Works Department. Vice-Chairman, Sheppard, explained the purpose of the Board in regards to the special exception being requested. He further explained that the Board had nothing to do with what the builder/developer would do. Chairman Dierolf, stated that the Board's purpose was to determine if a special condition existed for the variance requested and if city's ordinances allowed the Board to grant a variance. 2 Board of Zoning Adjustment 08/05/2019 Discussion continued as Ms. Stratman and additional neighbors voiced their concerns regarding drainage, the unclaimed property at the end of the street, removal of trees, fencing, density and public interest. Member, George Dalton, stated that the Board could deny a request if it was self- imposed but if it were not self-imposed the Board could not deny it. The applicant did not make the lot 60-feet wide, that was done in the 1950's, and he did not make the law in the 1970's that changed it to 65-feet. It was not self-imposed so legally the Board could not deny the applicants request. With no further questions and no additional speakers, John Sheppard made a motion to close the public hearing. George Dalton seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None George Dalton made a motion that a special condition existed for the requested special exception. Specifically, the subject site was an existing platted lot, platted initially in 1962 which was in compliance with the zoning ordinance at that time. The City's first zoning ordinance adopted in 1955 established a minimum lot width of 60 feet for any lot used as a "one family" residence. The City's second zoning ordinance (Ordinance 70- 10) adopted in April 1970, amended the minimum lot with for single family dwellings increasing it to 65 feet. Ben Johnson seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None John Sheppard then made a motion to grant the following special exception to "R-7.5" Single Family District, Area Regulations: Section 15.G.4., allowing a lot width of 60-feet (60) for an existing lot. Ben Johnson seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None BOARD OF ZONING ADJUSTMENT CASE BZA19-05, STEPHEN PORCARI, 218 RUTH STREET The next item for the Board of Zoning Adjustment to consider was BZA19-05 submitted by Stephen Porcari for property located at 218 Ruth Street, platted as the North 65' of Lot 3, Block 1, D.E. Box Addition. 3 Board of Zoning Adjustment 0810512019 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. The applicant requested the existing residential structure to remain as developed along with an expansion as shown on the plot plan. Mr. Triplett explained that Staff found a special condition existed for the requested special exception. Specifically, the subject site was an existing developed lot, and the existing structure was built in 1952 predating the City's first zoning ordinance adopted in 1955. Currently and as proposed the site was noncompliant with the current Zoning Ordinance (82-73) relative to the required six-foot (6) foot side yard setback adjacent to the north and south property lines. The proposed expansion of the dwelling did not exacerbate the existing side yard setback adjacent to north and south property lines of approximately four (4) feet and five (5) feet respectively. With no questions for Mr. Triplett, Stephen Porcari, of 218 Ruth Street, Grapevine, Texas, took the Oath of Truth; he gave a brief presentation to the Board and requested favorable consideration of his request and offered to answer any questions of the Board. With no questions for Mr. Porcari and no additional speakers, John Sheppard made a motion to close the public hearing. Dough Anderson seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None John Sheppard made a motion that a special condition existed for the requested special exception. Specifically, the subject site was an existing developed lot, and the existing structure was built in 1952 predating the City's first zoning ordinance adopted in 1955. Currently and as proposed the site was noncompliant with the current Zoning Ordinance (82-73) relative to the required six-foot (6) foot side yard setback adjacent to the north and south property lines. The proposed expansion of the dwelling did not exacerbate the existing side yard setback adjacent to north and south property lines of approximately four (4') feet and five (5) feet respectively. George Dalton seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None John Sheppard then made a motion to grant the following special exception with regard to Section 43.E.3, Nonconforming Uses and Structures allowing the existing residential structure to remain as developed along with an expansion as shown on the plot plan. Ben Johnson seconded the motion which prevailed by the following vote: 4 Board of Zoning Adjustment 0 810 512 01 9 Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None MINUTES Next the Board of Zoning Adjustment considered the minutes of the April 1, 2019, Briefing Session and Public Hearing. John Sheppard made a motion to accept the minutes of the April 1, 2019, Briefing Session. Ben Johnson seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None John Sheppard made a motion to accept the minutes of the April 1, 2019, Public Hearing. Ben Johnson seconded the motion which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None ADJOURNMENT With no further discussion, George Dalton made a motion to adjourn. Doug Anderson seconded the motion, which prevailed by the following vote: Ayes: Dierolf, Sheppard, Johnson, Dalton, Anderson Nays: None Absent: None The meeting was adjourned at approximately 7:06 P.M. PASSED AND APPROVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF GRAPEVINE, TEXAS, ON THE 9TH DAY OF SEPTEMBER 2019. APPROVED: 1 �CHAA 5 Board of Zoning Adjustment 08/05/2019 I�LL,L, SE ETA 6 Board of Zoning Adjustment 08/05/2019