City Hall: 317 College St, Grand Prairie, Texas. MEETING AGENDA Zoning Board of Adjustments and Appeals November 28, 2016

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1 BRIEFING: City Hall: 317 College St, Grand Prairie, Texas MEETING AGENDA Zoning Board of Adjustments and Appeals November 28, :30 P.M. The staff will brief the board and preview the cases on tonight s agenda. Board members will have the opportunity to ask questions that may facilitate the meeting and the presentation of the cases. No action will be taken during the briefing. CALL TO ORDER: 7:00 P.M. The Zoning Board of Adjustments and Appeals is appointed by the City Council to consider variances, exceptions and appeals as prescribed by the City of Grand Prairie s Unified Development Code. In accordance with Section of the Local Government Code of the State of Texas and Article 1 of the Unified Development Code of the City of Grand Prairie, the concurring vote of seven members of the Board is necessary to decide in favor of an applicant on any matter on which the Board has jurisdiction. Members of the public may address the Board on items listed on the agenda under Public Hearing Items. INVOCATION: APPROVAL OF MINUTES: PUBLIC HEARING: 1. CASE NUMBER BA (Tabled from 10/24/2016) 416 Cranbrook Ln., platted as Lot 14, Block 1, Cranbrook Estates (Council District 2). Consider a request for a Special Exception to the minimum masonry content requirement to allow construction of an accessory structure. This property is zoned Planned Development-282 (PD-282) for residential uses. 2. CASE NUMBER BA (Withdrawn) CASE NUMBER BA Sunnybrook Ln., platted as Lot 45, Block V, Grand Prairie Estates (Council District 3). Due to a floodplain in the rear of the home, consider a variance request to reduce the setback requirements in order for the applicant to build a house on the proposed lot. This property is zoned Single Family-3 (SF-3) for residential uses. 3. CASE NUMBER BA (Administrative Approved) 1418 Oak St., platted as Lot 12, Block B, Kathryn Gene (Council District 5). Consider a variance request to reduce the minimum number of required garage parking spaces thus allowing for the conversion of the garage parking spaces into living space. This property is zoned

2 Zoning Board of Adjustments and Appeals Agenda November 28, 2016 Single Family-4 (SF-4) for residential uses. 4. CASE NUMBER BA Pearwood Ct., platted as Lot 15, Block H, Meadow Oaks Addition (Council District 1). Consider a request for a Special Exception to the minimum masonry content requirement to allow construction of an accessory structure. This property is zoned Single Family-1 (SF-1) for residential uses. 5. CASE NUMBER BA W. Grove Ln, platted as Lot 18, Block B, Cimmaron Estates PH 3B (Council District 2). Consider a variance request to reduce the minimum number of required garage parking spaces thus allowing for the conversion of the garage parking spaces into living space. This property is zoned Planned Development-231C (PD-231C) for residential uses. 6. CASE NUMBER BA Austin St., platted as Lot 8, Block B, W H Wood (Council District 5). Consider a Variance and Special Exception request for a setback reduction, square footage variance, as well as a maximum lot coverage variance for an already constructed accessory structure. This property is zoned Central Area (CA). 7. CASE NUMBER BA W. Grand Prairie Rd., platted as Lot and Block TR 61, McKinney & WMS Abst Pg. 75 (Council District 5). Consider a setback variance and Special Exception request for an already constructed fence. This property is zoned Multi Family -1 (MF-1). 8. CASE NUMBER BA (Tabled) 1010 Las Flores Ct., platted as Lot 27, Block F, Vista Grande Estates 2 Rev (Council District 3). Consider a Special Exception request for an already constructed carport. Also, please consider a request for a Special Exception to construct a carport. This property is zoned Single Family- 3 (SF-3). CITIZENS COMMENT: ADJOURNMENT: In accordance with Chapter 551, Subchapter 6 of the Texas Government Code, V.T.C.A., the Zoning Board of Adjustment and Appeals agenda was prepared on the day of November 2016 at 5:00 p.m. Posted By: The City Hall is wheelchair accessible. If you plan to attend this public meeting and you have a disability that requires special arrangements, please call at least 24 hours in advance. Reasonable accommodations will be made to assist your needs.

3 MEETING MINUTES Zoning Board of Adjustments and Appeals Monday, October 24, 2016 CALL TO ORDER: A regular meeting of the Zoning Board of Adjustments and Appeals (ZBA) was held in the City Council Chambers, Grand Prairie, Texas on Monday, October 24, The meeting convened at 7:00 P.M., Chairperson Rodgers presiding, and Steve Alcorn, Assistant City Attorney, Jim Hinderaker, Chief City Planner, Colby Collins, Planner, and Savannah Ware, Planner/GIS Analyst attending. MEMBERS IN ATTENDANCE: Melinda Rodgers, Chairperson, Eric Hedin, Vice- Chairperson, Debbie Hubacek, Cindie Moss, Heather Mazac, Jim Parker, Ed Gray, Barry Sandacz, Max Coleman, Alternate MEMBERS ABSENT: Clayton Hutchins INVOCATION: Mr. Eric Hedin gave the invocation. APPROVAL OF MINUTES: Motion was made by Mr. Barry Sandacz, and seconded by Mr. Ed Gray to approve the minutes of the September 19, 2016 meeting. Motion carried. Motion was made by Mr. Barry Sandacz, and seconded by Mr. Ed Gray to approve the minutes of August 15, 2016 meeting. Motion carried. PUBLIC HEARING: 1. CASE NUMBER BA NE 29th St., platted as Lot 181, Burbank Gardens Addition (Council District 5). Consider a Special Exception request to allow construction of a carport. This property is zoned Single Family-Four (SF-4) for residential uses. Mr. Colby Collins presented the case. Nancy Santos, 610 NE 29 th Street, represented the request. Motion: Motion: Moved by Mr. Barry Sandacz and seconded by Mr. Jim Parker that the board close public hearing. Motion carried. Moved by Mr. Barry Sandacz and seconded by Mr. Jim Parker that case number BA be approved with the recommended conditions. Ayes: Hubacek, Moss, Hedin, Rodgers, Mazak, Parker, Gray, Sandacz, Coleman Nays: None Motion carried CASE NUMBER BA Windchime Dr., platted as Lot 0006, Cinnamon Ridge Addition (Council District 2). Consider a Special Exception request to allow construction of a carport. This property is zoned Planned Development-75 (PD-75) for residential uses. 1

4 Zoning Board of Adjustments and Appeals Meeting Minutes of October 24, 2016 Mr. Colby Collins presented the case. Eddie Sosa, 2310 Windchime Drive, represented the request. Motion: Motion: Moved by Mr. Barry Sandacz and seconded by Mr. Ed Gray that the board close public hearing. Motion carried. Moved by Mr. Barry Sandacz and seconded by Mrs. Cindie Moss that case number BA be approved with the recommended conditions. Ayes: Hubacek, Moss, Hedin, Rodgers, Mazak, Parker, Gray, Sandacz, Coleman Nays: None Motion carried CASE NUMBER BA Cranbrook Ln., platted as Lot 14, Block 1, Cranbrook Estates (Council District 2). Consider a setback variance for a partially constructed accessory structure. The property is zoned Planned Development-282 (PD-282). Tabled 4. CASE NUMBER BA Endicott Dr., platted as Lot 32, Block M, Sheffield Village (Council District 4). Consider a variance request to reduce the minimum number of required garage parking spaces thus allowing for the conversion of the garage parking spaces into living space. This property is zoned Planned Development-140 (PD-140) for residential uses. Mr. Colby Collins presented the case. Mariana Rodriguez, 4317 Endicott Drive, represented the request. Motion: Motion: Moved by Mr. Barry Sandacz and seconded by Mrs. Cindie Moss that the board close public hearing. Motion carried. Moved by Mr. Barry Sandacz and seconded by Mr. Ed Gray that case number BA be approved with the recommended conditions. Ayes: Hubacek, Moss, Hedin, Mazak, Parker, Gray, Sandacz, Coleman Nays: Rodgers Motion carried CASE NUMBER BA Sparks St., platted as Lot 22, Block 22, Inglewood Park 3 (Council District 3). Consider a variance request to reduce the minimum number of required garage parking spaces thus allowing for the partial conversion of the garage parking spaces into living space. This property is zoned Single Family-3 (SF-3) for residential uses. Mr. Colby Collins presented the case. Erick Garcia, 310 Sparks Street, represented the request. Motion: Motion: Moved by Mr. Barry Sandacz and seconded by Mr. Ed. Gray that the board close public hearing. Motion carried. Moved by Mr. Barry Sandacz and seconded by Mr. Ed Gray that case number BA be approved with the recommended conditions. Ayes: Hubacek, Moss, Hedin, Rodgers, Mazak, Parker, Gray, Sandacz, Coleman 2

5 Zoning Board of Adjustments and Appeals Meeting Minutes of October 24, 2016 Nays: None Motion carried CASE NUMBER BA Spikes St., platted as Lot 20, Block D, GW Spikes 1 (Council District 1). Consider a request for a setback variance to allow construction of a home. This property is zoned Single Family- Four (SF-4) for residential uses. Mr. Colby Collins presented the case. Juan Garcia, 1902 Spikes Street, represented the request. Motion: Motion: Moved by Mr. Barry Sandacz and seconded by Mrs. Cindie Moss that the board close public hearing. Motion carried. Moved by Mr. Barry Sandacz and seconded by Mrs. Cindie Moss that case number BA be approved with the recommended conditions. Ayes: Hubacek, Moss, Hedin, Rodgers, Mazak, Parker, Gray, Sandacz, Coleman Nays: None Motion carried CASE NUMBER BA Prince John Dr., platted as Lot 12, Block 10, Nottingham Estates (Council District 1). Consider a side yard setback variance to allow construction of a carport. This property is zoned Single Family- One (SF-1) for residential uses. Mr. Colby Collins presented the case. Donald Edmundson, 2205 Prince John Drive. Motion: Motion: Moved by Mr. Barry Sandacz and seconded by Mrs. Cindie Moss that the board close public hearing. Motion carried. Moved by Mr. Barry Sandacz and seconded by Mrs. Cindie Moss that case number BA be approved with the recommended conditions. Ayes: Hubacek, Moss, Hedin, Rodgers, Mazak, Parker, Gray, Sandacz, Coleman Nays: None Motion carried CASE NUMBER BA Sunnybrook Ln., platted as Lot 45, Block V, Grand Prairie Estates (Council District 3). Consider a setback variance request to allow construction of a home. This property is zoned Single Family-3 (SF-3) for residential uses. Tabled 9. CASE NUMBER BA San Antonio St., platted as Lot 5, Block 16, Dalworth Park (Council District 1). Consider a setback variance request and Special Exception to allow construction of a carport. This property is zoned Single Family-4 (SF-4) for residential uses. Mr. Colby Collins presented the case. Cayetano Montalvo, 2217 San Antonio Street, represented the request. Motion: Moved by Mr. Barry Sandacz and seconded by Mr. Jim Parker that the board close public hearing. Motion carried. 3

6 Zoning Board of Adjustments and Appeals Meeting Minutes of October 24, 2016 Motion: Moved by Mr. Barry Sandacz and seconded by Mr. Jim Parker that case number BA be approved with the recommended conditions. Ayes: Hubacek, Moss, Hedin, Rodgers, Mazak, Parker, Gray, Sandacz, Coleman Nays: None Motion carried 9-0 NEW BUSINESS: 1. TA Text Amendment - Approval of a request for a Text Amendment of Article 6: Density and Dimensional Requirements of the Unified Development Code. The purpose of the text amendment is to establish an Administrative Review and Approval process for carports and garage conversions that meet minimum development requirements and to provide for an appeal process to the Zoning Board of Adjustments and Appeals for carports and garage conversions that do not meet the minimum development requirements. The text amendment further provides for the approval by right of all carports to be located within a mobile home park or single-family detached condominium development upon authorization from the management company. And lastly, the text amendment provides for the elimination of the 6 ft. minimum building separation requirement between accessory and principal structures. The applicant is the City of Grand Prairie Planning Department. The Zoning Board of Adjustment and Appeals may act to provide a recommendation to the Grand Prairie City Council. No other action may be taken. Motion: Moved by Mr. Barry Sandacz and seconded by Mr. Ed Gray to recommend approval of TA to City Council. Ayes: Hubacek, Moss, Hedin, Rodgers, Mazak, Parker, Gray, Sandacz, Coleman Nays: None Motion carried 9-0 CITIZENS COMMENT: COMMENTS BY THE BOARD: ADJOURNMENT: November 28, 2016 and the City Council Chambers, Grand Prairie, Texas, were fixed as the time and place of the next regular meeting and the meeting was adjourned at 7:33 P.M. Chairperson Date of Approval An audio recording of this meeting is available on request: (972)

7 BA Cranbrook Ln. Masonry Exception Zoning Board of Adjustments & Appeals: (Tabled from October 24, 2016 meeting) November 28, 2016 Case Manager: Owner: Colby Collins Richard Daniels SUMMARY 416 Cranbrook Ln., platted as Lot 14, Block 1, Cranbrook Estates (Council District 2). Consider a request for a Special Exception to the minimum masonry content requirement to allow construction of an accessory structure. This property is zoned Planned Development-282 (PD-282) for residential uses. DISCUSSION The applicant, without a building permit, began to construct (partially) a 16ft. x 16ft. 13ft. tall accessory structure (storage) in the rear yard of the subject property. The accessory structure is proposed to be a wood frame construction with lap board siding, and two windows. The applicant plans to use the accessory structure for storage space. According to the Dallas County Appraisal District (DCAD), the 1,426 square foot home was constructed in The exterior of the home is brick veneer. Subject to approval of this application, an approved building permit will be required prior to the construction of the accessory structure. As part of the building permit review process, Building Inspections will ensure that the material types and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on November 18 & 27, Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on November 18, As of the date of this report, staff has not received any written correspondence as a result of this request. FINDINGS Pursuant to Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: Staff contends that the masonry exception will not substantially or permanently injure the appropriate use of adjacent property for the following reasons: The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the PAGE 1 of 4 City of Grand Prairie

8 proposed structure. Staff noticed that there were several homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: As stated above, staff contends masonry exception will not adversely affect the health, safety or general welfare of the public for the following reasons: The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were several homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: As stated above, staff contends that the masonry exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district for the following reasons: The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were several homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: Staff suggests that the variance is in harmony with the spirit and purpose of this ordinance as the proposed replacement structure is clearly an improvement to the property. The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were several homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: Staff suggests that the granting of this exception will not alter the essential character of the PD-282 zoning district as the applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed PAGE 2 of 4 City of Grand Prairie

9 that there were several homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. Staff Evaluation: Staff contends that the masonry exception request is reasonable deviations from the accessory structure masonry standards and thus will not substantially weaken the general purpose of the underlying zoning district. The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were several homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: While the accessory structure could be clad in masonry to fully adhere to all standards, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. H. The variance or exception is not a self-created hardship. Staff Evaluation: While the accessory structure could be clad in masonry to fully adhere to all standards, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. Additional, Section of the UDC stipulates that the Zoning Board of Adjustments and Appeals shall consider the following factors when considering an exception or variance to a requirement for an accessory building: A. That the building is not intended to be used as a dwelling and does not contain any elements of a dwelling such as facilities for food preparation, sleeping and bathrooms. Staff Evaluation: The accessory structure does not contain any facilities for food preparation, sleeping. The accessory building is not intended to be used as a dwelling. B. Whether separate utility hook-ups are proposed for the structure. Staff Evaluation: Separate utility hook-ups are NOT proposed for this structure. C. The extent to which windows may impact adjacent properties when a two-story structure is proposed. PAGE 3 of 4 City of Grand Prairie

10 Staff Evaluation: The accessory structure is a single-story structure. RECOMMENDATION Staff recommends the board grant the applicant s request for a masonry exception. CONDITIONS If the Zoning Board of Adjustment and Appeals chooses to grant the variance, then staff recommends the following conditions: 1. The variances are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit. 3. The applicant will need to pay a double permit fee. 4. The structure shall not be used as a dwelling unit. 5. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 6. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 4 of 4 City of Grand Prairie

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13 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA Cranbrook Ln., platted as Lot 14, Block 1, Cranbrook Estates (Council District 2). Consider a request for a Special Exception to the minimum masonry content requirement to allow construction of an accessory structure. This property is zoned Planned Development-282 (PD-282) for residential uses. You are being notified in accordance with state law requiring the notification of property owners within 200 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on November 28, 2016, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

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15 # OWNERNAME OWNERADDRE OWNERADD_1 OWNERCITYS OWNERZIP 0 JOHNSON ROBERT & BETTY 432 CRANBROOK LN GRAND PRAIRIE TEXAS HERNANDEZ ERIKA & 440 CRANBROOK LN ROBERTO HERNANDEZ JR GRAND PRAIRIE TEXAS MORALES ENEDILSO 411 CRANBROOK LN GRAND PRAIRIE TEXAS ANDERSON KELVIN & BEVERLI 403 CRANBROOK LN GRAND PRAIRIE TEXAS RUMADHA TARA L & 428 CRANBROOK LN KIBWANA F GRAND PRAIRIE TEXAS NGUYEN CUC 408 CRANBROOK LN GRAND PRAIRIE TEXAS ARGUMANIZ FERNANDO L JR 436 CRANBROOK LN GRAND PRAIRIE TEXAS SAUCEDO MELISIO & 423 CRANBROOK LN MARIA CERVANTEZ GRAND PRAIRIE TEXAS NAAN PROPERTIES LLC 2814 ACORN WOOD WAY HOUSTON TEXAS ORTA VIVIAN & 402 BLUEBERRY LN JIMMY YBARBO GRAND PRAIRIE TEXAS DANIELS RICHARD & DIANA 416 CRANBROOK LN GRAND PRAIRIE TEXAS RAMIREZ HECTOR 427 CRANBROOK LN GRAND PRAIRIE TEXAS VELASQUEZ ROSA E 439 CRANBROOK LN GRAND PRAIRIE TEXAS SHETTER DONALD & CARLA 414 BLUEBERRY LN GRAND PRAIRIE TEXAS ESTRADA CHRISTINA 419 CRANBROOK LN GRAND PRAIRIE TEXAS OLVERA JOSE 415 CRANBROOK LN GRAND PRAIRIE TEXAS TACO BELL OF AMERICA INC PO BOX % TBC TAX UNIT LOUISVILLE KENTUCKY PARANKIMAMVILA MATHAI S & 424 CRANBROOK LN PARANKIMAMVILA ESSIE S GRAND PRAIRIE TEXAS RATHBUN MARY E VESELY 422 BLUEBERRY LN GRAND PRAIRIE TEXAS ARIAS FELIX & 1007 STONEBROOK DR MARINA ALVAREZ GRAND PRAIRIE TEXAS CASTILLO ELPIDIO 410 BLUEBERRY LN GRAND PRAIRIE TEXAS MILLENNIUM W L LLC PO BOX GRAND PRAIRIE TEXAS FRIS CHKN LLC 980 HAMMOND DR NE STE 1100 % CAJUN OPERATING COMPATLANTA GEORGIA MENDOZA MANUEL 443 CRANBROOK LN GRAND PRAIRIE TEXAS OROZCO MARIA A & RICHARD 431 CRANBROOK LN GRAND PRAIRIE TEXAS VALDEZ PEDRO 407 CRANBROOK LN GRAND PRAIRIE TEXAS SUNRIDGE I LLC & RESEARCH BLVD STE 375 AUSTIN TEXAS CRANBROOK EST HOMEOWNERS7301 STATE HIGHWAY 161 STE 36ASN INC IRVING TEXAS REYES SAUL & 420 CRANBROOK LN GRAND PRAIRIE TEXAS MALLARD RODNEY 406 BLUEBERRY LN GRAND PRAIRIE TEXAS ANDERSON CYNTHIA 435 CRANBROOK LN DAY FLOYD GRAND PRAIRIE TEXAS RAMIREZ ELIBERTO & 412 CRANBROOK LN GARCIA ANGELINA GRAND PRAIRIE TEXAS MENDEZ RAUL J & 426 BLUEBERRY LN SARA GRAND PRAIRIE TEXAS NGUYEN LAN 404 CRANBROOK LN GRAND PRAIRIE TEXAS CARPAR PROPERTY II LLC 1370 AVENUE OF THE AMERICAS ET AL NEW YORK NEW YORK

16 BA Pearwood Ct. Masonry Exception Zoning Board of Adjustments & Appeals: November 28, 2016 Case Manager: Owner: Colby Collins Jerome Johnson SUMMARY 2414 Pearwood Ct., platted as Lot 15, Block H, Meadow Oaks Addition (Council District 1). Consider a request for a Special Exception to the minimum masonry content requirement to allow construction of an accessory structure. This property is zoned Single Family-1 (SF-1) for residential uses. DISCUSSION The applicant would like to construct a proposed 19ft. x 19ft. 13ft. tall accessory structure (garage) in the rear yard of the subject property. The accessory structure is proposed to be concrete siding (hardie). The applicant plans to use the proposed accessory structure as a garage to park his cars. According to the Tarrant Appraisal District (TAD), the 4,725 land square footage home was constructed in The exterior of the home is brick veneer. The applicant is requesting for masonry exception due to the brick that he needs (to match the home) not being available Subject to approval of this application, an approved building permit will be required prior to the construction of the accessory structure. As part of the building permit review process, Building Inspections will ensure that the material types and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on November 18 & 27, Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on November 18, As of the date of this report, staff has not received any written correspondence as a result of this request. FINDINGS Pursuant to Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: Staff contends that the masonry exception will not substantially or permanently PAGE 1 of 4 City of Grand Prairie

17 injure the appropriate use of adjacent property for the following reasons: The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were a few homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: As stated above, staff contends masonry exception will not adversely affect the health, safety or general welfare of the public for the following reasons: The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were a few homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: As stated above, staff contends that the masonry exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district for the following reasons: The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were a few homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: Staff suggests that the variance is in harmony with the spirit and purpose of this ordinance as the proposed replacement structure is clearly an improvement to the property. The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were a few homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: Staff suggests that the granting of this exception will not alter the essential PAGE 2 of 4 City of Grand Prairie

18 character of the SF-1 zoning district as the applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were a few homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. Staff Evaluation: Staff contends that the masonry exception request is reasonable deviations from the accessory structure masonry standards and thus will not substantially weaken the general purpose of the underlying zoning district. The applicant intends to incorporate elements, other than the masonry components, of the existing home in the design of the proposed structure. Staff noticed that there were a few homes within the neighborhood area with accessory structures on their property. To date, staff has received one call in support of the applicant s proposed plan. This finding has been met. G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: While the accessory structure could be clad in masonry to fully adhere to all standards, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. H. The variance or exception is not a self-created hardship. Staff Evaluation: While the accessory structure could be clad in masonry to fully adhere to all standards, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. Additional, Section of the UDC stipulates that the Zoning Board of Adjustments and Appeals shall consider the following factors when considering an exception or variance to a requirement for an accessory building: A. That the building is not intended to be used as a dwelling and does not contain any elements of a dwelling such as facilities for food preparation, sleeping and bathrooms. Staff Evaluation: The accessory structure does not contain any facilities for food preparation, sleeping. The accessory building is not intended to be used as a dwelling. B. Whether separate utility hook-ups are proposed for the structure. Staff Evaluation: Separate utility hook-ups are NOT proposed for this structure. C. The extent to which windows may impact adjacent properties when a two-story structure is PAGE 3 of 4 City of Grand Prairie

19 proposed. Staff Evaluation: The accessory structure is a single-story structure. RECOMMENDATION Staff recommends the board grant the applicant s request for a masonry exception. CONDITIONS If the Zoning Board of Adjustment and Appeals chooses to grant the variance, then staff recommends the following conditions: 1. The variances are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit. 3. The structure shall not be used as a dwelling unit. 4. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 5. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 4 of 4 City of Grand Prairie

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22 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA Pearwood Ct., platted as Lot 15, Block H, Meadow Oaks Addition (Council District 1). Consider a request for a Special Exception to the minimum masonry content requirement to allow construction of an accessory structure. This property is zoned Single Family-1 (SF-1) for residential uses. You are being notified in accordance with state law requiring the notification of property owners within 200 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on November 28, 2016, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

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24 NotifyNo OWNERNAME OWNERADDRE OWNERADD_1 OWNERCITYS OWNERZIP 0 LOPEZ, JORGE A ETUX OLGA 2310 SUNNYVALE RD GRAND PRAIRIE TX COPLEN, GEORGENE 5205 TRAIL LAKE DR FORT WORTH TX DOUGLASS, MELVIN ALLEN 2322 SUNNYVALE RD GRAND PRAIRIE TX WHITE, SHAUN M ETUX KEOMANIVAN 2302 SUNNYVALE RD GRAND PRAIRIE TX ARCHER, GREGG A ETUX JACQUELIN 2422 PECAN DR GRAND PRAIRIE TX HENDERSON, CHARLES N 2501 PECAN DR GRAND PRAIRIE TX HARPER, MARTHA 2501 PEARWOOD CT GRAND PRAIRIE TX COMEAU, JOHN A 2417 PEARWOOD CT GRAND PRAIRIE TX MINISTERIOS COMUNIDAD CRISTIAN PO BOX ARLINGTON TX ALDANA, ARNULFO 2413 PECAN DR GRAND PRAIRIE TX DAVIS, DOUGLAS A ETUX VITTA C 2318 SUNNYVALE RD GRAND PRAIRIE TX STEPHENS, THOMAS E 2413 PEARWOOD CT GRAND PRAIRIE TX SENATO, CAREY 2314 SUNNYVALE RD GRAND PRAIRIE TX MCMAHON, CHRISTOPHER T 8000 MUSCADINE CT BURLESON TX WRIGHT, GREGORY L ETUX BARBARA 2418 PEARWOOD CT GRAND PRAIRIE TX WEST, LEE E JR ETUX DIANA 2418 PECAN DR GRAND PRAIRIE TX MERCIER, JAMES E 2422 PEARWOOD CT GRAND PRAIRIE TX DELEON, JIMMILIE ETVIR ABEL 2502 PEARWOOD CT GRAND PRAIRIE TX HARRIS, BRENDA D 2405 MEADOW LN Brenda D Harris Liv Trus GRAND PRAIRIE TX ESPINOZA, MICHAEL ETUX SYBL 2421 PEARWOOD CT GRAND PRAIRIE TX RAVEN, JULIUS D 2417 PECAN DR GRAND PRAIRIE TX FISHER, CATHY L 2421 PECAN DR GRAND PRAIRIE TX JOHNSON, LINDA SPILLER 2414 PEARWOOD CT GRAND PRAIRIE TX

25 BA W. Grove Ln. Variance Garage Conversion Zoning Board of Adjustments & Appeals: November 28, 2016 Case Manager: Owner/Applicant: Colby Collins Jose De Jesus Pena/Maria Pena SUMMARY 2140 W. Grove Ln, platted as Lot 18, Block B, Cimmaron Estates PH 3B (Council District 2). Consider a variance request to reduce the minimum number of required garage parking spaces thus allowing for the conversion of the garage parking spaces into living space. This property is zoned Planned Development-231C (PD-231C) for residential uses. DISCUSSION The applicant is requesting a variance of Section 7.2 of Article 10 of the Unified Development Code that requires a minimum of two (2) parking spaces, for a single family residential use, to be within an enclosed garage. The applicant is seeking the variance so that he may move forward with his plan to convert the existing two-car garage into habitable living space. As part of the conversion, the applicant plans to remove the existing garage door and replace it with a new exterior wall. During a site visit, staff noted that there were not any garage conversions located within the neighborhood area. According to the Dallas County Appraisal District (DCAD), the 2,104 square foot home with an attached two-car garage was constructed The exterior of the home is primarily brick veneer. The existing driveway in front yard of the property is approximately 10-feet wide by 40-feet deep (to back of sidewalk), which is sufficient room to park two vehicles in tandem. Subject to approval of this application, an approved building permit will be required prior to the commencement of the garage conversion. As part of the building permit review, Building Inspections will ensure that the conversion complies with 2015 IBC requirements for a habitable space. PAGE 1 of 5 City of Grand Prairie

26 PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on November 18 th and November 27 th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on November 18, As of the date of this report, staff has not received any written correspondence as a result of this request. FINDINGS Pursuant to Section (A), the Zoning Board of Adjustments and Appeals may only grant an exception to authorize a reduction in the number of off-street parking spaces if the Board finds: 1. The parking demand generated by the use does not warrant the number of off-street parking spaces required. Staff Evaluation: The subject property and neighborhood is zoned (PD-231C) and is developed with single-family detached residential uses. The proposed use of the property will remain single-family residential. The Unified Development Code (UDC) requires singlefamily detached residential uses to have a minimum of two (2) parking spaces, nontandem, inside a garage. While the applicant is requesting relief from the enclosed garage requirement for vehicle parking, the number of required parking spaces on-site will conform to the minimum requirements of the (UDC). This finding has been met. 2. The exception would not create a traffic hazard or increase traffic congestion on adjacent and nearby streets. Staff Evaluation: As stated above, the subject property and neighborhood is zoned and developed for single-family detached residential uses. The proposed use of the property will remain single-family residential. As the property will continue to maintain the required number of off-street parking spaces, staff finds that the proposed garage enclosure is unlikely to create any addition traffic hazards or an increase in traffic congestion. This finding has been met. Pursuant to Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: The UDC grants the Zoning Board of Adjustments and Appeals the authority to grant an exception to reduce the number of off-street parking spaces required PAGE 2 of 5 City of Grand Prairie

27 by the UDC. In this case, the applicant is not asking for a parking space reduction of less than required by the code, but rather the ability to allow the required parking spaces to be outside of an enclosed garage. As stated above, the property will continue to have the minimum number of off-street parking spaces required by the UDC. Staff suggests that the proposed garage conversion, while maintaining the minimum number of off-street parking spaces required by the UDC, is in keeping with the surrounding neighborhood and will not substantially or permanently injure the appropriate use of the adjacent property. This finding has been met. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: The proposed request does not result in a reduction of the required number of parking spaces located on the property. As a result of these findings, staff suggests that the exception will not adversely affect the health, safety or general welfare of the public. This finding has been met. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: The garage conversion, if approved, will not authorize the operation of a use other than those uses already allowed in the PD-231C zone district. Staff suggests that the exception is not contrary to the public interest and it will not authorize any currently unauthorized uses in the zone district. This finding has been met. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: The granting of this exception will allow the homeowner to convert their garage auto parking space into living space to better accommodate the needs of the applicant s family. Staff suggests that the exception is in harmony with the spirit and purpose of this ordinance. This finding has been met. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: Though staff noticed that there were no other surrounding garage conversions within the neighborhood area, staff does not believe that the garage conversion will substantially weaken the surrounding neighborhood area. F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. PAGE 3 of 5 City of Grand Prairie

28 Staff Evaluation: Though staff noticed that there were no other surrounding garage conversions within the neighborhood area, staff does not believe that the garage conversion will substantially weaken the surrounding neighborhood area. G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: Staff cannot find that the property owner has a hardship that is a unique circumstance of the property; however, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. H. The variance or exception is not a self-created hardship. Staff Evaluation: Technically speaking Staff cannot find that this property owner does not have a self-created hardship; however, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. RECOMMENDATION Staff recommends the board grant the applicant s request for an exception to authorize the garage conversion. CONDITIONS If the Zoning Board of Adjustment and Appeals chooses to grant the variance, then staff recommends the following conditions: 1. The variances are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit. 3. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. PAGE 4 of 5 City of Grand Prairie

29 4. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 5 of 5 City of Grand Prairie

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32 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA W. Grove Ln, platted as Lot 18, Block B, Cimmaron Estates PH 3B (Council District 2). Consider a variance request to reduce the minimum number of required garage parking spaces thus allowing for the conversion of the garage parking spaces into living space. This property is zoned Planned Development-231C (PD- 231C) for residential uses. You are being notified in accordance with state law requiring the notification of property owners within 200 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on November 28, 2016, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

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34 NotifyNo OWNERNAME OWNERADDRE OWNERADD_1 OWNERCITYS OWNERZIP 0 TAYLOR RACHEL G 2144 HACIENDA CT GRAND PRAIRIE TEXAS DELANEY MILLICENT D 3327 SPUR DR GRAND PRAIRIE TEXAS RODRIGUEZ JAVIER 2128 ZION HL GRAND PRAIRIE TEXAS GONZALEZ AZAEL E 2132 W GROVE LN GRAND PRAIRIE TEXAS TAYLOR KENT C & MIRNA O 2131 W GROVE LN GRAND PRAIRIE TEXAS WHITEMAN ROY MICHAEL 2116 HACIENDA CT GRAND PRAIRIE TEXAS MARRERO EMILIO & 3307 SPUR DR MARIA I DIAZ GRAND PRAIRIE TEXAS FLAHART DONALD E 3331 SPUR DR GRAND PRAIRIE TEXAS SAENZ JAY P & MIROSLAVA CANTU 2123 HACIENDA CT GRAND PRAIRIE TEXAS ZAVALA ADRIANA 2120 HACIENDA CT GRAND PRAIRIE TEXAS LAND RUNNERS CORP 2120 W GROVE LN GRAND PRAIRIE TEXAS MCARTHUR EVERETT JAMES 2151 HACIENDA CT GRAND PRAIRIE TEXAS DOUCETTE MICHELLE M 2128 W GROVE LN GRAND PRAIRIE TEXAS AJUMOBI SUNDAY & NKEM 2124 ZION HL GRAND PRAIRIE TEXAS MARCHIE VALENTINE C & 2119 W GROVE LN CAROLINE N GRAND PRAIRIE TEXAS ENRIQUEZ ARTEMIO O & VERONICA C 2115 HACIENDA CT GRAND PRAIRIE TEXAS ADEGBILE SUNDAY E & 2148 ZION HL OMOSALEWA ESTHER GRAND PRAIRIE TEXAS POTVIN KARLA 2152 W GROVE LN GRAND PRAIRIE TEXAS SANTIZO EDGAR 4621 AUDURNDALE LN FLUSHING NEW YORK PACHECO DAVID 2152 HACIENDA CT GRAND PRAIRIE TEXAS OJEDA GENARO & LILIANN 2152 ZION HILLL GRAND PRAIRIE TEXAS TRAN ANN T 603 WEXFORD DR GRAND PRAIRIE TEXAS JONES NICOLE 2132 HACIENDA CT GRAND PRAIRIE TEXAS EICHELBERGER MICHAEL F & STARLA M 2119 HACIENDA CT GRAND PRAIRIE TEXAS MURDAUGH TONY R 2136 W GROVE LN GRAND PRAIRIE TEXAS POLLARD JESSE L JR & 2127 W GROVE LN EMILY R POLLARD GRAND PRAIRIE TEXAS RUBIO JUAN 2123 WEST GROVE LN DALLAS TEXAS SANCHEZ AGUSTIN R 2132 ZION HL GRAND PRAIRIE TEXAS WEBB LINDA D 2140 ZION HL GRAND PRAIRIE TEXAS LLOYD DAN W 2156 HACIENDA CT GRAND PRAIRIE TEXAS REYES JOSE L 2148 W GROVE LN GRAND PRAIRIE TEXAS ASHLEY KATHLEEN J 2136 ZION HL GRAND PRAIRIE TEXAS ROBERTS ROHAN & MICHELLE 2135 HACIENDA CT GRAND PRAIRIE TEXAS BROWN GARY C 2140 HACIENDA CT GRAND PRAIRIE TEXAS SOLIZ DANIEL 2151 W GROVE LN GRAND PRAIRIE TEXAS VO HOWARD 2131 HACIENDA CT GRAND PRAIRIE TEXAS CRUZ ALONSO 2124 WEST GROVE LN GRAND PRAIRIE TEXAS ABRAHAM GEORGE & YVONNE MARIAN 3303 SPUR DR GRAND PRAIRIE TEXAS LOCKRIDGE LINCOLNETTE 2127 HACIENDA CT GRAND PRAIRIE TEXAS GARCIA JENNIFER ANN & 2115 W GROVE LN GARCIA LOPEZ PABLO DAVID GRAND PRAIRIE TEXAS SWINEY CLINT & JENNIFER 2147 HACIENDA CT GRAND PRAIRIE TEXAS RODRIGUEZ WILLIAM & 3323 SPUR DR RAMONA GRAND PRAIRIE TEXAS WHITE SAKAYLON D 2136 HACIENDA CT GRAND PRAIRIE TEXAS MORRIS GEORGE & BELVA 4609 DEVONSHIRE DR GRAND PRAIRIE TEXAS AH4R I TX DFW AGOURA RD SUITE 200 SUITE 200 AGOURA HILLS CALIFORNIA POKOO RICHARD 2128 HACIENDA CT GRAND PRAIRIE TEXAS DELAFUENTE DAVID & 2116 W GROVE LN CRISTINA DE LA FUENTE GRAND PRAIRIE TEXAS REYES JOSE & OLGA RIVAS 2144 W GROVE LN GRAND PRAIRIE TEXAS KAHEY CELEECE L 2124 HACIENDA CT GRAND PRAIRIE TEXAS BLUHM CASSIE MAE & RYAN RICHARD 2144 ZION HILL GRAND PRAIRIE TEXAS MARRERO DANIEL 2148 HACIENDA CT GRAND PRAIRIE TEXAS THOSYCHANH BANCHONG & 2135 W GROVE LN PRASONG THOSYCHANH GRAND PRAIRIE TEXAS VINCENT RETINA & 2143 W GROVE LN KERRY VINCENT GRAND PRAIRIE TEXAS PENA JOSE DE JESUS 2140 W GROVE LN GRAND PRAIRIE TEXAS BESSEMER BRIAN C 2139 W GROVE LN GRAND PRAIRIE TEXAS SILVA JOSE A & MAIRA A 3311 SPUR DR GRAND PRAIRIE TEXAS BLAKE DEBOARH 2147 W GROVE LN GRAND PRAIRIE TEXAS BROWN GINA & 2143 HACIENDA CT GRAND PRAIRIE TEXAS

35 BA Austin St. Setback Variance, Size Coverage Zoning Board of Adjustments & Appeals: November 28, 2016 Case Manager: Owner: Colby Collins Raul Gardalla SUMMARY 609 Austin St., platted as Lot 8, Block B, W H Wood (Council District 5). Consider a Variance and Special Exception request for a setback reduction and size coverage variance for an already constructed accessory structure. This property is zoned Central Area (CA). DISCUSSION The applicant, without a building permit, constructed an attached storage and garage accessory structure in the rear of the property. According to the applicant, the accessory structure measurements consist of 22 x ft. tall (garage) and 24 x ft. tall (storage). The constructed structure is made of wood frame. The applicant plans to use the accessory structure for storage space. Staff noticed that there were several homes within 300-ft of the subject property that had accessory structures in the rear of their homes, the applicant currently does not meet the required side yard setback (required setback for Central Business Area is 10 ft. The applicant is currently at 5 ft.) for the Central Business zoning area. According to Article (D) of the City of Grand Prairie (U)nified (D)evelopment (C)ode, the applicant also exceeds the maximum size coverage for an accessory structure. During the site visit to the home, the applicant spoke with a neighbor who stated that they did not mind the accessory structure on the property. To date, staff has not received any calls in support or opposition to the applicant s proposed plan. According to the Dallas County Appraisal District (DCAD), the 1,124 square foot home was constructed in The exterior of the home is primarily wood frame. Subject to approval of this application, an approved building permit will be required prior to the construction of the accessory structure. As part of the building permit review process, Building Inspections will ensure that the material types and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on November 18 & 27, PAGE 1 of 5 City of Grand Prairie

36 Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on November 18, As of the date of this report, staff has not received any written correspondence as a result of this request. FINDINGS Pursuant to Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: Staff noticed that there were several homes within 300-ft of the subject property that had accessory structures in the rear of their homes, the applicant currently does not meet the required side yard setback (required setback for Central Business Area is 10 ft. The applicant is currently at 5 ft.) for the Central Business zoning area. According to Article (D) of the City of Grand Prairie (U)nified (D)evelopment (C)ode, the applicant also exceeds the maximum size coverage for an accessory structure. During the site visit to the home, the applicant spoke with a neighbor who stated that they did not mind the accessory structure on the property. To date, staff has not received any calls in support or opposition to the applicant s proposed plan. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff noticed that there were several homes within 300-ft of the subject property that had accessory structures in the rear of their homes, the applicant currently does not meet the required side yard setback (required setback for Central Business Area is 10 ft. The applicant is currently at 5 ft.) for the Central Business zoning area. According to Article (D) of the City of Grand Prairie (U)nified (D)evelopment (C)ode, the applicant also exceeds the maximum size coverage for an accessory structure. During the site visit to the home, the applicant spoke with a neighbor who stated that they did not mind the accessory structure on the property. To date, staff has not received any calls in support or opposition to the applicant s proposed plan. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: Staff noticed that there were several homes within 300-ft of the subject property that had accessory structures in the rear of their homes, the applicant currently does not meet the required side yard setback (required setback for Central Business Area is 10 ft. The applicant is currently at 5 ft.) for the Central Business zoning area. According to Article (D) of the City of Grand Prairie (U)nified (D)evelopment (C)ode, the applicant also exceeds the maximum size coverage for an accessory structure. During the site visit to PAGE 2 of 5 City of Grand Prairie

37 the home, the applicant spoke with a neighbor who stated that they did not mind the accessory structure on the property. To date, staff has not received any calls in support or opposition to the applicant s proposed plan. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: Though staff noticed that there were several homes within 300-ft of the subject property that had accessory structures in the rear of their homes, the applicant currently does not meet the required side yard setback (required setback for Central Business Area is 10 ft. The applicant is currently at 5 ft.) for the Central Business zoning area. According to Article (D) of the City of Grand Prairie (U)nified (D)evelopment (C)ode, the applicant also exceeds the maximum size coverage for an accessory structure. During the site visit to the home, the applicant spoke with a neighbor who stated that they did not mind the accessory structure on the property. To date, staff has not received any calls in support or opposition to the applicant s proposed plan. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: During the site visit, staff noticed that there were several homes within 300-ft of the subject property that had accessory structures in the rear of their homes. The applicant currently does not meet the required side yard setback (required setback for Central Business Area is 10 ft. The applicant is currently at 5 ft.) for the Central Business zoning area. According to Article (D) of the City of Grand Prairie (U)nified (D)evelopment (C)ode, the applicant also exceeds the maximum size coverage for an accessory structure. During the site visit to the home, the applicant spoke with a neighbor who stated that they did not mind the accessory structure on the property. To date, staff has not received any calls in support or opposition to the applicant s proposed plan. F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. Staff Evaluation: During the site visit, staff noticed that there were several homes within 300-ft of the subject property that had accessory structures in the rear of their homes. The applicant currently does not meet the required side yard setback (required setback for Central Business Area is 10 ft. The applicant is currently at 5 ft.) for the Central Business zoning area. According to Article (D) of the City of Grand Prairie (U)nified (D)evelopment (C)ode, the applicant also exceeds the maximum size coverage for an accessory structure. During the site visit to the home, the applicant spoke with a neighbor who stated that they did not mind the accessory structure on the property. To date, staff has not received any calls in support or opposition to the applicant s proposed plan. G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape PAGE 3 of 5 City of Grand Prairie

38 or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: Typically staff cannot find that the property owner has a hardship that is a unique circumstance of the property and generally it is the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. This finding has been met. H. The variance or exception is not a self-created hardship. Staff Evaluation: While the hardship is self-created, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. Additional, Section of the UDC stipulates that the Zoning Board of Adjustments and Appeals shall consider the following factors when considering an exception or variance to a requirement for an accessory building: A. That the building is not intended to be used as a dwelling and does not contain any elements of a dwelling such as facilities for food preparation, sleeping and bathrooms. Staff Evaluation: The accessory structure does not contain any facilities for food preparation, sleeping. The accessory building is not intended to be used as a dwelling. B. Whether separate utility hook-ups are proposed for the structure. Staff Evaluation: Separate utility hook-ups are NOT proposed for this structure. C. The extent to which windows may impact adjacent properties when a two-story structure is proposed. Staff Evaluation: The accessory structure is a single-story structure. RECOMMENDATION Staff has informed the applicant that a recommendation of denial will be placed to the ZBA Board unless the applicant has proof of support from surrounding neighbors to allow the structure on the property. However, if the case does end up being approved through the ZBA Board, the applicant must meet the following conditions: PAGE 4 of 5 City of Grand Prairie

39 CONDITIONS If the Zoning Board of Adjustment and Appeals chooses to grant the variance, then staff recommends the following conditions: 1. The variances are to be no more than what is approved by the Zoning Board of Adjustments and Appeals. 2. The applicant will need to obtain a building permit. 3. The applicant will need to pay a double permit fee. 4. The structure shall not be used as a dwelling unit. 5. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. 6. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 5 of 5 City of Grand Prairie

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43 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA Austin St., platted as Lot 8, Block B, W H Wood (Council District 5). Consider a Variance and Special Exception request for a setback reduction, square footage variance, as well as a maximum lot coverage variance for an already constructed accessory structure. This property is zoned Central Area (CA). You are being notified in accordance with state law requiring the notification of property owners within 200 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on November 28, 2016, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

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45 NotifyNo OWNERNAME OWNERADDRE OWNERADD_1 OWNERCITYS OWNERZIP 0 CANO RAMIRO S & NACHITA 514 CLAYTON ST GRAND PRAIRIE TEXAS BJ MART LLC 1208 AMESBURY LN GRAND PRAIRIE TEXAS BOSTON RICKEY 122 SPRINGFIELD LN WAXAHACHIE TEXAS HOWARD ALLEN C 620 E GRAND PRAIRIE RD GRAND PRAIRIE TEXAS JONES JOEL T 521 AUSTIN ST J & J MACHINE WORKS GRAND PRAIRIE TEXAS BOEHLER ENTERPRISES INCORPORATED 5747 N 105TH LN GLENDALE ARIZONA VALERIO ROZARIO 602 CROCKETT ST GRAND PRAIRIE TEXAS MMM AUTO BODY SHOP LLC 4422 SHARPSBURG DR GRAND PRAIRIE TEXAS ZKB PPTIES LTD 500 TOWNE CV IRVING TEXAS SUGG EDWARD GLYNN 125 DOMINGO DR GRAND PRAIRIE TEXAS DALLAS BAPTIST ASSOCIATION 8001 EAST RL THORNTON FWY DALLAS TEXAS MEDINA MARTIN & 625 AUSTIN ST ROSA E MEDINA GRAND PRAIRIE TEXAS REYES VICTOR HUGO 200 CROSS BEND CT IRVING TEXAS MELENDREZ ROSARIO 614 CROCKETT AVE GRAND PRAIRIE TEXAS GARCIA DANNY J & 2546 TIBER RIVER LN GRAND PRAIRIE TEXAS RIOS BLASA G 617 CROCKETT AVE GRAND PRAIRIE TEXAS HOWELL PERRY 418 PARK RIDGE DR GRAND PRAIRIE TEXAS FIGUEROA JAVIER C 605 AUSTIN ST GRAND PRAIRIE TEXAS GANDARILLA FIDENCIO 617 AUSTIN ST GRAND PRAIRIE TEXAS MENDOZA FILIBERTO C 3849 MOUNT WASHINGTON ST DALLAS TEXAS SU PAUL 605 E JEFFERSON ST GRAND PRAIRIE TEXAS MORALES FEBE 530 AUSTIN ST GRAND PRAIRIE TEXAS DALLAS BAPTIST ASSOCIATION 8001 EAST RL THORNTON FWY DALLAS TEXAS HUERTARAMOS MARIA ELISA 535 CROCKET AVE GRAND PRAIRIE TEXAS MMM AUTO BODY SHOP LLC 4422 SHARPSBURG DR GRAND PRAIRIE TEXAS LEDEZMA LISA 538 CROCKETT ST GRAND PRAIRIE TEXAS MORLES MARIA C 4119 SHADRACK DR DALLAS TEXAS MORALES ALEJANDRO & MARIA 601 AUSTIN ST GRAND PRAIRIE TEXAS REYES VICTOR 2809 MCPHERSON LN FLOWER MOUND TEXAS OCAMPO GONZALO & 625 CROCKETT ST GRAND PRAIRIE TEXAS MORALES ALEJANDRO & MARIA 601 AUSTIN ST GRAND PRAIRIE TEXAS HAJISAGHATI NAVID 4403 WINDING CREEK CT ARLINGTON TEXAS PROFITT JOUSHE R 611 CROCKETT ST GRAND PRAIRIE TEXAS MAREK ROBERT LEE & 529 CROCKETT ST VICKIE RUTH GRAND PRAIRIE TEXAS INFANETE FELIX G 2689 PATRICIAN CIR KISSIMMEE FLORIDA MORALES HECTOR J & TH PL SW ERICA G BOTHELL WASHINGTON REYES VICTOR HUGO 116 RICHLAND ST IRVING TEXAS SAGHATI GHOLAM HAJA 4403 WINDING CREEK CT ARLINGTON TEXAS TORRES ALBERT 530 CROCKETT ST GRAND PRAIRIE TEXAS COOK ROBERT W 629 CROCKETT ST GRAND PRAIRIE TEXAS BURLESON EARL 531 HRC 1450 N COVINGTON TEXAS SU PAUL 605 E JEFFERSON ST GRAND PRAIRIE TEXAS BONILLA GERMAN F 402 MACARTHUR BLVD GRAND PRAIRIE TEXAS MANRIQUEZ JUAN R 526 CROCKETT ST GRAND PRAIRIE TEXAS RODRIGUEZ JORGE & 165 TRAILWOOD DR JANICE E JOSHUA TEXAS L & L'S DENIM CLOSET 405 N E 29TH GRAND PRAIRIE TEXAS AGUAYO MARIA & MARTIN HERNANDEZ 1403 JAMES ST CEDAR HILL TEXAS OLSON KEVIN CHRISTOPHER 606 CROCKETT ST GRAND PRAIRIE TEXAS SAGHATI GHOLAM HAJI 4403 WINDING CREEK CT ARLINGTON TEXAS FRANCO ALFREDO 635 CROCKETT ST GRAND PRAIRIE TEXAS NUNEZ ANGEL M 606 E GRAND PRAIRIE RD GRAND PRAIRIE TEXAS DONALDSON ROBERT 2309 TIAGO DR GRAND PRAIRIE TEXAS MCGREW DAN 533 CROCKETT ST GRAND PRAIRIE TEXAS JOHNSON CHARLES V & 618 CROCKETT ST GRAND PRAIRIE TEXAS GRAND PRAIRIE CITY OF 317 COLLEGE ST GRAND PRAIRIE TEXAS VASQUEZ JESUS R JR & 622 E GRAND PRAIRIE RD DALIA GRAND PRAIRIE TEXAS C & C RESIDENTIAL PROPERTIES INC PANDORA DR#115 DALLAS TEXAS REYNA JOSE C 621 AUSTIN ST GRAND PRAIRIE TEXAS LAVONNE EMMA MCTEE 725 W STRONG PKWY % PATTI MCTEE GRAND PRAIRIE TEXAS

46 BA W. Grand Prairie Rd. Variance Fence Height/Setbact Zoning Board of Adjustments & Appeals: November 28, 2016 Case Manager: Owner: Colby Collins Patrick Ramirez/Rosalba Munoz SUMMARY 126 W. Grand Prairie Rd., platted as Lot and Block TR 61, McKinney & WMS Abst Pg. 75 (Council District 5). Consider a Special Exception request for an already constructed fence. This property is zoned Multi Family -1 (MF-1). DISCUSSION The applicant, without a building permit, constructed a fence that is over the minimum height requirement of the property. According to the applicant, the fence was constructed at least one year ago to help provide privacy for her family. The applicant has contacted the City of Grand Prairie police department at least four times reporting a neighbor for allowing dogs to run loose and another neighbor for continuously looking into her family s yard. The applicant has stated that she just wants to help protect her family from negative actions of the neighbors. The building materials include iron and wood material. The applicant is requesting an 8 ft. tall fence for security purposes. Section 8.11 of the UDC states, Exceptions to the requirements of the Section for Non-Required fences may be granted by the Zoning Board of Adjustments and Appeals upon satisfaction of the following criteria: A. Proposed fence is primarily for security purposes, and B. Proposed fence is composed of materials recognized as normal fencing material including, but not limited to chain link and wood, and does not include such materials as corrugated metal or fiberglass. Subject to approval of this application, an approved building permit will be required for the construction of the structure. As part of the building permit review process, Building Inspections will ensure that the material types and construction complies with all regulations. PAGE 1 of 4 City of Grand Prairie

47 PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on November 18 & 27, Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on November 18, As of the date of this report, staff has not received any written correspondence as a result of this request. FINDINGS As authorized in Section of the UDC, the ZBA may grant variances and exceptions provided the following findings are met: A. Such variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. Staff Evaluation: Staff was unable to locate any similar front yard fence in the immediate area. Therefore, staff finds the requested variances will injure the appropriate use of adjacent property. This finding has been NOT met. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff finds this addition will not adversely affect the health, safety, or general welfare of the public. This finding has been met. C. Such variance or exception will not be contrary to the public interest; and such variance or exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located. Staff Evaluation: Staff finds the requested variance will not authorize the operation of a prohibited use. This finding has been met. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: Staff was unable to locate any similar front yard fence in the immediate area. Therefore, staff finds the request will NOT be in harmony with the spirit and purpose of this ordinance. This finding has NOT been met. E. Such variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. Staff Evaluation: Staff was unable to locate any similar front yard fence in the immediate area. Therefore, staff finds the requested variance will alter the essential character of the district. This finding has been NOT met. PAGE 2 of 4 City of Grand Prairie

48 F. Such variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. Staff Evaluation: Staff was unable to locate any similar front yard fence in the immediate area. Therefore, staff finds the requested variances WILL weaken the general purposes of the zoning ordinance. This finding has been NOT met. G. The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located. Staff Evaluation: Technically speaking Staff cannot find that this property owner has a hardship unique to their property; however, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. H. The variance or exception is not a self-created hardship. Staff Evaluation: Technically speaking Staff cannot find that this property owner does not have a self-created hardship; however, the philosophy of the City is to work in cooperation with property owners to address their needs within the framework of the UDC. RECOMMENDATION Though the applicant does not meet many of the required findings, due to the circumstances at hand, staff is recommending approval of the already constructed fence. CONDITIONS Given the Zoning Board of Adjustment and Appeals grants the variance request, staff recommends the following conditions: 1. The variances are to be no more than what is approved by the Zoning Board of Adjustments and Appeals; 2. The applicant will need to obtain a building permit; 3. The applicant will need to pay a double permit fee. 4. Any construction or building allowed by this variance or special exception must conform to the requirements set forth by the Unified Development Code, the 2015 International Building Code, the Grand Prairie Municipal Code of Ordinances, city adopted fire codes and with other applicable regulatory requirements administered and/or enforced by the state and federal government. PAGE 3 of 4 City of Grand Prairie

49 5. If a building permit or certificate of occupancy shall not have been applied for or issued within a ninety (90) day period or as the Board may specifically grant, the special exceptions shall be deemed waived; and all rights there under terminated. PAGE 4 of 4 City of Grand Prairie

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54 Notice of Public Hearing City of Grand Prairie Para obtener información acerca de este aviso, sírvase llamar al (972) To Whom It May Concern: Notice is hereby given that the Zoning Board of Adjustments and Appeals of the City of Grand Prairie, Texas will consider the following variance and/or special exception to the Unified Development Code of the City of Grand Prairie: CASE NUMBER BA W. Grand Prairie Rd., platted as Lot and Block TR 61, McKinney & WMS Abst Pg. 75 (Council District 5). Consider a setback variance and Special Exception request for an already constructed fence. This property is zoned Multi Family -1 (MF-1). You are being notified in accordance with state law requiring the notification of property owners within 200 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on November 28, 2016, at 7:00 p.m. At that time the Zoning Board of Adjustments and Appeals will hear from any property owners in support of, or in opposition to, the requested variance or special exception. Upon reviewing the request the Board will make a final decision. These hearings are not limited to those who receive this notice. If you know of any affected property owner whom has not received a notice, it would be appreciated if you would inform them of this meeting. Should you have further questions regarding this case, please contact me at (972) Please specify the case number or address of the subject property when calling. Please refer to the opposite side of this notice for the location of the subject property. Sincerely, Colby C. Collins Colby Collins City Planner

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