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HomeMy WebLinkAboutBZA2020-02 FEB 2 7 2020 o2b--081� CITY OF GRAPEVINE BOARD OF ZONING ADJUSTMENT APPLICATION 1. APPLICANT: NAME: Cheryl Helms and Michael Helms ADDRESS:_1734 Anglers Plaza CITY/STATE:_Grapevine ZIP: 76051 HOME: WORK: MOBILE: 972-998-5494 FAX: E-MAIL: 2. PROPERTY OWNER(S): NAME: Cheryl Helms—and Michael Helms ADDRESS: 1724 Anglers Plaza.. CITY/STATE:_Grapevine ZIP: 76051 HOME: WORK: FAX: 3. LEGAL DESCRIPTION SUBJECT PROPERTY): STREET ADDRESS, LOT, BLOCK AND SUBDIVISION NAME OF THE SUBJECT PROPERTY (Please attach Survey of the Subject Property) ADDRESS: 1724 Anglers Plaza LOT: 54 BLOCK: SUB-DIVISION: Shoreacres 4. LIST THE PERTINENT SECTION(S) OF THE ZONING ORDINANCE AND INDICATE THE SPECIFIC VARIANCE AMOUNTS BEING REQUESTED. IF NECESSARY USE A SEPARATE SHEET. Section 15 - R-7.5 Single Family District, on 2/5/20 we were given a notice of violation of a permitted use, "Single Family Detached Dwellings. No duplex dwellings permitted in single family district." We are requesting a variance for the smaller 1 bedroom building which is a detached single family dwelling. 2 alzcullo"nslappbu www'grapevi netexes.gov 1/99 Revised 1/06,1/13,1/14,1/12/14 5. STATE THE GROUNDS FOR THE REQUEST AND DETAIL ANY SPECIAL CONDITIONS WHICH CAUSE HARDSHIPS THAT IN YOUR OPINION JUSTIFY THE VARIANCE(S) OR SPECIAL EXCEPTION(S) YOU ARE REQUESTING. EXAMPLES OF SPECIAL CONDITIONS ARE: HILLS, VALLEYS, CREEKS, POWER POLES, ELEVATIONS, IRREGULAR LOT OR TRACT SHAPES, ETC. THE BOARD OF ZONING ADJUSTMENT MUST DETERMINE A SPECIAL CONDITION OR CONDITIONS EXIST(S) BEFORE MAKING A MOTION TO APPROVE A REQUEST. IF IT IS DETERMINED THAT NO SPECIAL CONDITION EXISTS, THE MOTION MUST BE TO DENY THE REQUEST. See attached. S. EXPLAIN ANY UNIQUE CIRCUMSTANCES, IF APPLICABLE, NOT CONSIDERED BY THE ZONING ORDINANCE. EXAMPLES: (1) IF THE GRAPEVINE CITY COUNCIL APPROVED A PLAT PRIOR TO PRESENT ZONING ORDINANCE REQUIREMENTS; OR (2) THE ORDINANCE WAS AMENDED OR A POLICY CHANGE WAS ADOPTED AFTER INITIATION OF THE PLANS CHECK PROCESS FOR A BUILDING PERMIT OR OTHER PHASE OF THE DEVELOPMENT PROCESS. There were other permits issued for 1724 and times that City inspectors would have been at the property, but there were no zoning issues raised : 1) In 2007, there were 2 separate permits for re-roofing. 2) In 2009, there was a permit for re-roofing. 3) In 2014, there was a permit to replace a sewer line. See attached permit list. 7.` ATTACH A DETAILED DIAGRAM OF THE SITE DRAWN TO SCALE, AND ANY OTHER DRAWINGS OR PHOTOGRAPHS NECESSARY TO HELP EXPLAIN THE CASE TO THE BOARD. SHOW ON THE DIAGRAM ALL EASEMENTS, BUILDING LINES, ENCROACHMENTS, AND THE VARIANCE(S) REQUESTED. THE REQUESTED VARIANCE(S) SHOULD BE QUANTIFIED BY AN APPROPRIATE MEASUREMENT (DISTANCE, PERCENTAGE, ETC.) See attached survey. 3 o:tcuVormslappbza www.grapovinetexas.gov 1/99 Revised 1/06,1/13,1/14,1/12/14 THE DEVELOPMENT SERVICES STAFF WILL DETERMINE THE AGENDA FOR EACH OF THE PUBLIC HEARING DATES. BASED ON THE SIZE OF THE AGENDA. YOUR APPLICATION MAYBE RESCHEDULED TO A LATER DATE. APPLICANT(PRINT) APPLICANT SIGNATURE- OWNER(PRINT) Cheryl and Michael Helms OWNER SIGNATURE r 4 o:lzculformslappbza www.grapevi netexas.gov 1199 Revised 1/06,1/13,1/14,1/12/14 The State of County of rr . Before a on this day personally appeared known to me (or proved to me on the oath of or through L--e (description of identity card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this �� day of ,A.D.;2D2t� SEAL y No ary Signature ��gPgY?fie% CLARK STEVENS 6:Notary Public,State of Texas �w jAF�j�A Comm. Expires 01-20-2024 1110 Notary ID 124797853 The State of County of _ f`ar�-` Be ore on this day personally appeared cea known to me (or proved to me on the oath of or through; -z,,,L�, ,d ,� r (description of identity card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this- 1 day of ,A. SEAL Notary Signature CLARK STEVENS %t+ Notary Public;State of Texas 9'• �}a Comm, Expires 01-20-2024 A iI� Notary ID 124797853 5 oAzcuVormslappbza www'grapevi netexas.gov 1/99 Revised 1/06,1/13,1114,1/12114 5. We purchased 1734 Anglers Plaza in 2015 and approximately 1 year later renovated it. A neighbor informed us at the end of 2016 that 1724 was potentially for sale. At that time,the trees needed significant maintenance and both residences had been rented on a continual basis during our ownership of 1734. Based on financial analysis, it seemed to be a solid financial investment with the added bonus of improving the appearance of the lot adjacent to our primary residence. We purchased the property in January 2017 with an appraisal for a purchase price of$330,000. We had lived in the neighborhood,and viewed other properties that were other than single-family properties on the same lot. Specifically,there are apartments at 1715 Chris Craft and duplexes at 510&514 Redbud Lane. Additionally,there is a mobile home lot close to the Gaylord. We had the appraisal,title search and home inspections performed. We believed everything was in order. Subsequent to the initial purchase of the property,we have painted, improved the landscaping and driveways, and spent $13,2232 on removing and maintenance on the trees. We only have one before picture of the 1 bedroom house, but you can view that multiple trees have been removed. In February 2020,after requesting an appraisal for the refinance of the 1724 Anglers Plaza,we received the violation notice referred to in#4 based upon the appraiser calling to ask a question about the zoning. We are on good terms with our neighbors, and there have been no complaints(to our knowledge)from our neighbors. The appraiser did provide an appraisal for only one property,the 2- bedroom house,with a value of$280,000. It would be a significant loss of value for us if we were not able to maintain the additional structure as a 1-bedroom house. We did not make the unpermitted changes, and to our knowledge,the property has been like this for at least 35 years without enforcement. After we received the notice of violation and had further discussions with Ron Stambaugh,we researched a few of the issues that he brought to our attention: • Mr.Stambaugh mentioned that there was no record of a permit for the electric meter. We contacted Oncor,and received an e-mail that this meter#was first installed in 2009, but that they show that this address 1724 lot A has had electric service since their records go back to January 1, 1971. The representative told me on the phone that when they replaced the meter they would not have needed a permit. This e-mail is provided. • We received a notarized statement from our neighbor, Gwen Patterson,who has resided at 1733 Silverside from 1985. She states that the building has not been a garage since she has owned her property. This is provided. • We received a notarized statement from our neighbor, Coella Heerman,who has resided at 1714 Anglers Plaza. She states that the structure was used as an office and then a residence since at least 1977, and that it was not a garage for as long as she has come to the neighborhood. Scale I '-.= 20- LOT 53 LOT 60 NOTE: ALL FENCES SHORECREST ACRES SHORECREST ACRES ARE CHAINUNK WITH VOL. 388-L, PAGE 81 VOL. 388-L, PAGE 81 CONCRETE RUNNERS P.R.T.C.T. P.R.T.C.T. ��VN (LBS N89*27'00"E 85.00 (PRECISE) SET COPED IP IFND. CAPPED IP 36.1 0 o BRICK & FRAME BUILDING 0.2 m SE —�- C OVkBRIC - 3.6......6 WELL ..................................................................................... ...................................................... ....................................................... .................. . ..... ..... rn 4.4 .............. .................. .................. .......... ........... ............... 0 011 27.9 ....... 40.1 ca ............ CA 17.0 LOT 59 0 o (n 00 SHORECREST ACRES COD C) VOL. 388-L, PAGE 81 cc 23.0 to rri =Z 27.9 "u -uo m -A P.R.T.C.T. NN (no �o -C-1 — 0 m 0 I\j 0 =0'0 0 C: O 1qy b Z 0 rri 0............ - - ... h '--11-1'-"':."'-'............... ................ . .... N0 z LOT 54 10200.00 S.F. XC 17.0 1 17.3 zz GREENHOUSE m X0 ca Poll 0-11 ,3) D. SET CAPPED (LBS) IP S89*27 FN CAPPED IP ­'6�'W 85.00 (PRECISE) LOT 58 LOT 55 SHORECREST ACRES SHORECREST ACRES VOL, 388-L, PAGE 81 VOL. 388-L, PACE 81 P.R.T.C.T. P.R.T.C.T. TRINITY TITLE OF TEXAS GF FILE NO. 7040FW THE FOLLOWING EASEMENTS DO EFFECT: VOLUME 7349, PAGE 1106, D.R.T.C.T. AN ORDINANCE REGULATING & RESTRICTING THE HEIGHT OF STRUCTURES & OBJECTS OF NATURAL GROWTH VOLUME 12850, PAGE 43, D.R.T.C.T. ORDINANCE NO. 97-65, ABANDONING & VACATING AN 4, UTILITY ESMT. ACROSS THE REAR OF LOT I CHARLES B. HOOKS, JR. RPLS, HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY SUPERVISION AND CORRECTLY SHOWS THE BOUNDARY LINE, DIMENSIONS AND AREA OF THE LAND INDICATED THEREON, THE LOCATION OF ALL IMPROVEMENTS,THE LOCATION OF ALL ALLEYS, STREETS RIGHT-OF-WAY, EASEMENTS AND OTHER MATTERS OF RECORD WHICH AFFECT THE PROPERTY,THE UNDERSIGNED FURTHER CERTIFIES THAT THERE ARE NO VISIBLE DISCREPANCIES, CONFLICTS, SHORTAGES IN AREA, BOUNDARY LINE CONFLICTS ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS, EASEMENTS OR RIGHT-OF-WAYS EXCEPT AS SHOWN HEREON. ACCORDING TO FEMA MAP NO. 48439CO105K, ZONE X. DATED 9-25-09 THE ABOVE LOT DOES NOT LIE WMiIN THE 100 YEAR FLOOD PLAIN, AT THIS TIME. 2/26/2020 Gmail-Oncor Meter GmaiI Cheryl Helms>*Olieryl.teamhelms@gmail.com> Oncor Meter 1 message Venable,Teresa< Ms. Helms: The information we discussed today is below: Meter 102600351 LG was set at: �:. .- s ?laza, Lot A, Grapevine,TX(ESI ID 10443720002731692), on 08/05/2009. This meter was likely set when Oncor was changing from analog meters,to the advanced meters. Per the Electric Reliability Council of Texas(ERCOT)records,there has been service at this address at least as far back as January 1, 1971, probably longer, but neither Oncor nor ERCOT records go back further. ESI ID Dotarl clres5 01724 Angters PIZ I-0t A Grapevine,TX 76051 Current sfatus Active i<:;ective Date Jan 01,1071 Premise Type Residential Best regards, Teresa Venable Onoor I Customer Relations Dallas,Texas 75202 Tel:214A86.2324 teresa.venable@oncor corn www.Oncor.com Inquiries: 888.313.6862 Outages: 888.313.4747 Confidentiality Notice:This email message, including any attachments,contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message,be advised that any reading, dissemination,forwarding,printing,copying or other use of this message or its attachments is strictly prohibited. If you h1}ne•7lmeil nnnnl.,...,...1....,:Ih.M9ib--7011..i M1Gov..,.....-...4......-,d._,.uo...,-..,.tt.:dat-,,..�mr nwworoe wnrnnnnnre.nnvni-s..____me....nrn..nrn........� ..,. k00 co - 41 ƒ f f f E a G a 0 7 7 7 7 7 \ } ) ) 2 � ! 7 § k k I ] 7 } / CX J9 R > 2 3 § CL / / / § 7� m ` ) if \ k k c ® a g ■ £ 2 . k ) \/ {) /z �m �(< , &§ } \ )( )� �# It ƒ cr !G &g ! ( - f ® 2 f 2 {£ \ \k / / w ® f ] ! J ■ _ _ ZIL ƒ J 2 ƒ co ca 2 9 9 9 \ 9 02/27/2020 To whom it may concern: My name is Coella Heerman and I live at 1714 Anglers Plaza. I have lived here since my husband, E.J. Heerman, and I moved into the neighborhood in 1987. Prior to moving into this house, we visited my parents' house who lived across the street for approximately ten years. In all the years visiting or living on Anglers Plaza,the small structure located next door at 1724 Anglers Plaza was a home office and then a residence and not a garage. Sincerely, Coella Heerman Date JULEON BARNES, SR. Notary Public,State of Texas 9 �Pc Comm. Expires 11-16-2020 Notary ID 130906386 FEB 2 7 2020 February 24, 2020 To Whom It May Concern: I have lived at 1733 Silverside, Grapevine, TX 76051 since the summer of 1985. There has been an enclosed secondary building at 1724 Anglers Plaza since I moved to Grapevine. The building has never been a garage. If you have any further questions, please feel free to contact me. Sincerely, Gwen Patterson 817 481 5454 THE STATE OF TEXAS COUNTY OF TARRANT This instrument was signed before me on the day of February 20 y Gwen Patterson. �rlUI3a�C8T�t'EOFTEX� _- � ", WWW.W02M4=n Notary Public, S ate,of Texas