City Hall: 317 College St, Grand Prairie, Texas. MEETING AGENDA Zoning Board of Adjustments and Appeals April 16, 2018

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1 BRIEFING: City Hall: 317 College St, Grand Prairie, Texas MEETING AGENDA Zoning Board of Adjustments and Appeals April 16, :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: NEW BUSINESS: Proposition A Discussion PUBLIC HEARING: 1. CASE NUMBER BA Euclid Dr, platted as Lot 5, Block 10, Forum Place (Council District 4). Consider a Special Exception request to allow construction of a carport. This property is zoned Planned Development-77 (PD-77). 2. CASE NUMBER BA Crescent Dr, platted as Lot 9 & 10, Highland Hills (Council District 5). Consider a height and size variance request to allow construction of an accessory structure. This property is zoned Single Family-1 (SF- 1). 3. CASE NUMBER BA E Broad St, Joab Watson Survey, Abstract 1632, Tract 1A AB 1632 TR 1B (Council District 4). Consider a size variance

2 Zoning Board of Adjustments and Appeals Agenda April 16, 2018 request to construct an accessory structure. This property is zoned Planned Development-369 (PD-369). 4. CASE NUMBER BA Dalworth St, platted as Lot 9& 10, Block 169, Dalworth Park (Council District 5). Consider a Special Exception request to construct a fence. This property is zoned General Retail (GR). 5. CASE NUMBER BA Lynne Dr, platted as Lot 15, Block E, Royal Valley Estates (Council District 3). Consider a Special Exception request 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 April 2018 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 City Hall: 317 College St Grand Prairie, TX MEETING MINUTES Zoning Board of Adjustments and Appeals March 19, 2018 BRIEFING: 6:30PM 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 presentation of the cases. No action will be taking place during the briefing. CALL TO ORDER 7:00 PM 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 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. Board Members In Attendance: Eric Hedin, Chairperson X_, Barry Sandacz, Vice Chairperson _X, Ed Gray X, Heather Mazac, Clayton Hutchins X, Jim Parker _X, Debbie Hubacek X, Stacy White, Tracy Owens _X David Baker * X, Ralph Castro*, INVOCATION: The invocation was led by David Baker

4 APPROVAL OF MINUTES: Barry Sandacz motioned to approve the minutes from February 19th, 2018 David Baker seconded the motion All were in favor PUBLIC HEARING: 1. CASE NO. BA Fairfax St, platted as Lot 8, Block G, Westover Place Rev (Council District 5). Consider a Variance to allow a one car garage to a newly constructed home. This property is zoned Single Family 4 (SF-4). A quorum was present (at least seven members). Applicant / Spokesperson: Daniel- Sylvia Adams Address: 2230 Clearbrook Dr. Grand Prairie, TX Any comments from Spokesman: The applicant stated that the proposed home is being built for her parents, and wanted her parents to live in a smaller home due to not needing the space that they currently have. The applicant would like to build the proposed house with a one car garage. If the applicant constructs the proposed home with a two car garage with the house, the house would lose the living area and then not meet the required setbacks for the zoning area. Any questions from Board: No questions The following persons spoke in favor of the application: N/A The following persons noted their support for the application: N/A

5 The following evidence was presented to the Board by those in favor of the case: N/A. The following persons noted their opposition to the application: N/A. The following evidence was presented to the Board by those in opposition to the case: N/A. The applicant did or did not speak in rebuttal. Motion to close to the public hearing: Barry Sandacz 2nd the Motion: Tracy Owens All in favor of closing the public hearing Any conditions: The public hearing was closed. After consideration of the evidence, the Board discussed the evidence and the documentation on the record. 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. 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.

6 The Board makes the following findings, indicated by a check or x in the blank next to the finding: X Proper notification was done in accordance with the statutes and ordinances. The decision of the City building or administrative official to deny the permit or construction was in error, and the permit should be granted. A variance, if granted, is not contrary to the public interest, and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and the granting of the variance would be in the spirit of the ordinances and substantial justice would be done. X The variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. _X The variance or exception will not adversely affect the health, safety, or general welfare of the public. X The variance or exception will not be contrary to public interest. X The 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. X The variance or exception will be in harmony with the spirit and purpose of the Unified Development Code and all other ordinances of the City. X The variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. X The variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located;

7 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, 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. The variance or exception is not a self-created hardship. Motion to Approve Case: Barry Sandacz 2nd the Motion: Jim Parker Motion was approved/denied 8 yays to 0 Nays Members that objected _ N/A. 2. CASE NO. BA NW 9 TH, platted as Lot 1, Block B, Valley View Addition (Council District 5). Consider a Special Exception request to allow construction of a carport. This property is zoned Single Family -1 (SF-1). A quorum was present (at least seven members). Applicant / Spokesperson: Joe Rodriguez Address: 702 NW 9th Grand Prairie, TX Any comments from Spokesman: The applicant stated that he has slowly been adding improvements to the house during the 20 years of living there. The applicant also stated that the carport would help protect the family s vehicles from inclement weather. Any questions from Board: N/A The following persons spoke in favor of the application: N/A The following persons noted their support for the application: N/A

8 The following evidence was presented to the Board by those in favor of the case: N/A. The following evidence was presented to the Board by those in opposition to the case: N/A. The applicant did or did not speak in rebuttal. Motion to close to the public hearing: Barry Sandacz 2 nd the Motion: Tracy Owens All were in favor of closing the public hearing After consideration of the evidence, the Board discussed the evidence and the documentation on the record. The Board makes the following findings, indicated by a check or x in the blank next to the finding: X Proper notification was done in accordance with the statutes and ordinances. The decision of the City building or administrative official to deny the permit or construction was in error, and the permit should be granted. X A variance, if granted, is not contrary to the public interest, and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and the granting of the variance would be in the spirit of the ordinances and substantial justice would be done. X The variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. X_ The variance or exception will not adversely affect the health, safety, or general welfare of the public. X The variance or exception will not be contrary to public interest. The 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. X The variance or exception will be in harmony with the spirit and purpose of the Unified Development Code and all other ordinances of the City.

9 X The variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. X The variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; 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, 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. The variance or exception is not a self-created hardship. Motion to Approve Case: Barry Sandacz 2 nd the Motion: Tracy Owens Motion was approved/denied 8 yays to 0 Nays Members that objected N/A Any conditions: 1. The variances and/or special exceptions 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 from Building Inspections prior to the completion of the proposed structure. 3. The carport must conform to material standards listed in Section (C) of the Unified Development Code. 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. The public hearing was closed.

10 3. CASE NO. BA Waggoner Dr., platted as Lot 17, Block 2, Mountain Lakeview South 2m (Council District 3). Consider a Special Exception request to allow construction of a carport. This property is zoned Single Family-4 (SF-4). A quorum was present (at least seven members). Applicant / Spokesperson: Raul Aguero Address: 1506 Waggoner Av. Grand Prairie, TX Any comments from Spokesman: The applicant is requesting a 25 x 25 carport attached to the home. The applicant would like the carport to help protect vehicles from the weather. Any questions from Board: The following persons spoke in favor of the application: N/A. The following persons noted their support for the application: _ N/A The following evidence was presented to the Board by those in favor of the case: N/A. The following persons noted their opposition to the application: N/A. The following evidence was presented to the Board by those in opposition to the case: N/A. The applicant did or did not speak in rebuttal. Motion to close to the public hearing: Barry Sandacz 2 nd the Motion: Tracy Owens All were in favor of closing the hearing After consideration of the evidence, the Board discussed the evidence and the documentation on the record. The Board makes the following findings, indicated by a check or x in the blank next to the finding: X Proper notification was done in accordance with the statutes and ordinances.

11 X The decision of the City building or administrative official to deny the permit or construction was in error, and the permit should be granted. X A variance, if granted, is not contrary to the public interest, and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and the granting of the variance would be in the spirit of the ordinances and substantial justice would be done. X The variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. X The variance or exception will not adversely affect the health, safety, or general welfare of the public. X The variance or exception will not be contrary to public interest. X The 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. X The variance or exception will be in harmony with the spirit and purpose of the Unified Development Code and all other ordinances of the City. X The variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. X The variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; 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, 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. The variance or exception is not a self-created hardship Motion to Approve Case: Barry Sandacz 2 nd the Motion: Jim Parker Motion was approved/denied _8 yays to 0 Nays Members that objected N/A Any conditions:

12 1. The variances and/or special exceptions 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 from Building Inspections prior to the completion of the proposed structure. 3. The carport must conform to material standards listed in Section (C) of the Unified Development Code. 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. The public hearing was closed. 4. CASE NO. BA Twin Brooks Dr., platted as lot 9, Block F, Brookfield North PH 1 (Council District 2). Consider a setback Variance request to allow an already constructed patio in the rear of the home. The property is zoned Planned Development 237A (PD-237A) A quorum was present (at least seven members). Applicant / Spokesperson: Raul Valdez Address: 1019 Twin Brooks Dr. Grand Prairie, TX Any comments from Spokesman: The applicant stated that they have an odd shaped lot where it angles in the rear (Staff viewed this as a hardship). On one side of the patio it meets the set back of 10ft but on the other it is only 7.5. Any questions from Board: N/A The following persons spoke in favor of the application: Jasmine and Pablo Garcia of 935 Pinebrook Grand Prairie, TX spoke regarding the case. These individuals stated that the construction meets HOA requirements and see no issues. The following persons noted their support for the application: _ N/A

13 The following evidence was presented to the Board by those in favor of the case: N/A. The following persons noted their opposition to the application: N/A. The following evidence was presented to the Board by those in opposition to the case: N/A. The applicant did or did not speak in rebuttal. Motion to close to the public hearing: Barry Sandacz 2 nd the Motion: Tracy Owens All were in favor of closing the hearing After consideration of the evidence, the Board discussed the evidence and the documentation on the record. The Board makes the following findings, indicated by a check or x in the blank next to the finding: X Proper notification was done in accordance with the statutes and ordinances. X The decision of the City building or administrative official to deny the permit or construction was in error, and the permit should be granted. X A variance, if granted, is not contrary to the public interest, and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and the granting of the variance would be in the spirit of the ordinances and substantial justice would be done. X The variance or exception will not substantially or permanently injure the appropriate use of adjacent property in the same district. X The variance or exception will not adversely affect the health, safety, or general welfare of the public. X The variance or exception will not be contrary to public interest. X The 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.

14 X The variance or exception will be in harmony with the spirit and purpose of the Unified Development Code and all other ordinances of the City. X The variance or exception will not alter the essential character of the district in which is located the property for which the variance is sought. X The variance or exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; 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, 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. The variance or exception is not a self-created hardship Motion to Approve Case: Barry Sandacz 2 nd the Motion: Tracy Owens Motion was approved/denied _8 yays to 0 Nays Members that objected N/A Any 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 pass the final building inspection for the accessory structure (patio addition). 4. The applicant will need to pay a double permit fee. 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.

15 The public hearing was closed. NEW BUSINESS: There will be a Text Amendment presented to City Council on March 20 th. The text amendment will address changes to carports and the requirements for bringing a case to the Board. The following changes will be made to the cases: A structure up to 500 ft. The width cannot exceed 30% of house or 26ft Must be existing carport within 800 ft. CITIZENS COMMENT: No comments Motion to Adjourn the Meeting: Barry Sandacz 2 nd the Motion: All in favor ADJOURNMENT: 7:26 pm

16 BA Euclid Dr. Special Exception Carport Zoning Board of Adjustments & Appeals: April 16, 2018 Case Manager: Owner: Colby Collins Tray Dority SUMMARY 3524 Euclid Dr, platted as Lot 5, Block 10, Forum Place (Council District 4). Consider a Special Exception request to allow construction of a carport. This property is zoned Planned Development-77 (PD-77). DISCUSSION The applicant is requesting approval for a Special Exception to construct a 20x40x8 6 tall carport. The applicant is proposing to construct the carport out of metal. The applicant stated that he is requesting a carport to help protect his family s vehicles. The applicant also stated that he has been a victim of theft and is looking to also construct a front gate that covers his carport as well. During site visits, staff noticed there were carports throughout the neighborhood area. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. On March 20, 2018, City Council approved a text amendment to support carport structures up to 500 sq. ft. (the applicant is proposing a 800 sq. ft. carport). While the applicant did submit their case application before the text amendment was approved, staff is not in favor of supporting a structure that large. According to the Tarrant Appraisal District (TAD), the subject property consists of a 3,029 square foot home constructed in The exterior of the home is primarily brick veneer. The existing front yard driveway has room to park two-full sized vehicles. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review process, Building Inspections will ensure that the materials and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on April 6 th and April 15 th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on April 6, PAGE 1 of 5 City of Grand Prairie

17 FINDINGS The following section evaluates findings for a Special Exception for the carport. Section (A) of Article 6, Density and Dimensional Requirements, of the Unified Development Code, stipulates that carports are not permitted by right in any single family residential zoning district; however, Section (B) of Article 6, Density and Dimensional Requirements, of the Unified Development Code grants the Zoning Board of Adjustments and Appeals the authority to grant a Special Exception to the regulations for the purpose of constructing a carport in a residential zoning district upon a finding by the board that: 1. The carport will not exceed a maximum square footage of 500 sq. ft. Staff Evaluation: The proposed carport is (20x40x8 6 tall) 800 sq. ft. in total area. The finding has not been met. 2. The carport will be setback a minimum of five (5) feet from all property lines adjacent to public rights of way. Staff Evaluation: According to the applicant, the carport will meet the minimum required setbacks. 3. The carport will be setback a minimum of three (3) feet from all internal property lines, and any projection or overhang of eaves, gutters, or other roof elements that protrude into the established building setback may not exceed twenty four (24 ) inches in accordance with Section A of this Article. Staff Evaluation: According to the applicant, the carport will meet the required setbacks. 4. The carport will not encroach, intrude, or overhang any easements that have been established on the subject property. Staff Evaluation: The applicant has been informed that the proposed carport cannot encroach, intrude, or overhang any easements that have been established on the subject property. 5. All areas beneath the roof of the carport should be paved with a city approved paving material and the poles or supports of the carport should be anchored in or to the paving. Staff Evaluation: The carport is proposed to be constructed over a concrete driveway. 6. The carport is to be constructed in a manner and design consistent in materials and color to the primary residential structure and may not be composed of any materials explicitly prohibited in Section (C) of this Article, Staff Evaluation: Based on information provided by the applicant as noted above, the structure PAGE 2 of 5 City of Grand Prairie

18 will meet this condition; however, during the permit process the building inspections department will verify all materials. 7. The carport does not pose a negative impact on any of the adjacent or surrounding properties based on its proposed location, design, or visual impact to the streetscape. Staff Evaluation: Due to the proposed size of the structure, approving such exception could potentially have a negative impact on surrounding properties. During site visits, staff noticed there were carports throughout the neighborhood area. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. 8. The carport does not create a possible sight obstruction to motorists. Staff Evaluation: The structure will not create any sight obstruction to motorists C In no case should any carport contain or be constructed of the following prohibited building materials: canvas, vinyl, PVC siding, galvanized or corrugated metal, aluminum, corrugated or flat fiberglass panels, or any plastic construction materials. Staff Evaluation: All building materials will be reviewed for compliance with Section (C) of the UDC by Building Inspections during the permit review process. 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: Due to the proposed size of the structure, approving such exception could potentially injure the appropriate use of adjacent property in the same district. During site visits, staff noticed there were carports throughout the neighborhood area. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the exception will not adversely affect the health, safety or general welfare of the public. 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. PAGE 3 of 5 City of Grand Prairie

19 Staff Evaluation: The proposed carport special exception, if approved, will not authorize the operation of a use other than those already allowed in the Planned Development-77 (PD-77) zone district. During site visits, staff noticed there were carports throughout the neighborhood area. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. 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 protect their vehicle from inclement weather. Staff suggests that the exception is in harmony with the spirit and purpose of this ordinance. 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 site visits, staff noticed there were carports throughout the neighborhood area. Approving such exception will not alter the essential character of the district. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. 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 site visits, staff noticed there were carports throughout the neighborhood area. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. Approving the exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. 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. H. The variance or exception is not a self-created hardship. Staff Evaluation: After review, staff finds that the exception is self-created. PAGE 4 of 5 City of Grand Prairie

20 RECOMMENDATION Due to the applicant exceeding 500 sq. ft., staff recommends denial for the proposed carport structure. If the board chooses to grant the applicants request, he/she must abide to the conditions listed below: CONDITIONS 1. The variances and/or special exceptions 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 from Building Inspections prior to the completion of the proposed structure. 3. The carport must conform to material standards listed in Section (C) of the Unified Development Code. 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 5 of 5 City of Grand Prairie

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28 U.S. Department of Justice Office of Community Oriented Policing Services Page 94, sec 41. irr:. Where parked Garage at home Car crimes* per cars per 24 hours 2 Drive/carport Other street Public parking lot il"L Local Characteristics of Vehicle Theft As described in Chapter l, both the volume and rate of vehicle theft are much lower in non-urban areas, even when adjusting for differences in population. While the reasons for the exponentially lower rates have been generally attributed to differences in vehicle ownership rates and social networks, this study also revealed contextual features that dampened vehicle theft risk as the rural areas and small towns in this study were largely absent the crime magnets associated with thefts in urban locations:. Few large parking lots, and no transit or commuting lots.. Little pedestrian traffic along public roadways.. No transit systems to deliver likely offenders to theft locations.. Little parking on streets as most overnight residential parking occurs on the land parcel, in driveways, under carports, and in front and back yards.. High levels of natural surveillance in many areas, including clear sight lines onto properties.. High levels of acquaintanceship, observed during data collection when researchers encountered neighbors or co-workers of victims who were very familiar with the vehicle and routine parking habits of victims.. Dog ownership appeared prevalent at many residences, particularly in less dense areas, and dogs on residential parcels were not typically confined but roamed free as watch dogs. Crime and Spatial Analysis of Vehicle Theft in a Non-Urban Region/ 1L9

29

30 COLOSSEUM WAY SPARTACUS DR EUCLID DR PEGASUS CT CLADIUS DR PALADIUM DR CASE LOCATION MAP Case Number: BA Euclid Dr City of Grand Prairie Planning and Development (972)

31 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 Euclid Dr, platted as Lot 5, Block 10, Forum Place (Council District 4). Consider a Special Exception request to allow construction of a carport. This property is zoned Planned Development-77 (PD-77). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on April 16, 2018, 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

32 HAWKINS, MICHAEL 3630 COLOSSEUM WAY GRAND PRAIRIE, TX Parcel Owner Notification Labels - Count: 33 SANCHEZ, HUMBERTO 2729 CLADIUS DR GRAND PRAIRIE, TX REEDER, SHAWN L 2914 PALADIUM DR GRAND PRAIRIE, TX KOETTNER, JOHN 3626 COLOSSEUM WAY GRAND PRAIRIE, TX COPE, JESS M 2730 COLOSSEUM WAY GRAND PRAIRIE, TX KAWASMI, JAWDAT O 3512 EUCLID DR GRAND PRAIRIE, TX HOFFMAN, THOMAS J 3622 COLOSSEUM WAY GRAND PRAIRIE, TX DIAZ, HERIBERTO 2734 CLADIUS DR GRAND PRAIRIE, TX PHAM, BECKY N 3516 EUCLID DR GRAND PRAIRIE, TX WOODARD, ROGER D 3618 COLOSSEUM WAY GRAND PRAIRIE, TX RODGERS, KASEY 2901 SPARTACUS DR GRAND PRAIRIE, TX GARCIA, BONNIE SUE 3520 EUCLID DR GRAND PRAIRIE, TX PYLE, DANIEL K 3614 COLOSSEUM WAY GRAND PRAIRIE, TX HAUG, HEDWIG 2910 PEGASUS CT GRAND PRAIRIE, TX DORITY, TRAY 3524 EUCLID DR GRAND PRAIRIE, TX FRAZOR, HENRY T 3610 COLOSSEUM WAY GRAND PRAIRIE, TX VI, HAI JOHN 2917 PEGASUS CT GRAND PRAIRIE, TX GLOVER, THOMAS L 3528 EUCLID DR GRAND PRAIRIE, TX HENDERSON, LARRY D 3404 HUNTER GLEN DR MANSFIELD, TX D & E REVOCABLE TRUST 2467 SOMERVELL TR GRAND PRAIRIE, TX COBB, JENI 3532 EUCLID DR GRAND PRAIRIE, TX RODRIGUEZ, ANA 2801 SPARTACUS DR GRAND PRAIRIE, TX RUSSELL, KENRICK C 2909 PEGASUS CT GRAND PRAIRIE, TX DOMINGUEZ, DONNA R 3536 EUCLID DR GRAND PRAIRIE, TX HERNANDEZ, VICKI BRITT 2805 SPARTACUS DR GRAND PRAIRIE, TX MEDRANO, MELCHOR 2906 PALADIUM DR GRAND PRAIRIE, TX MCMILLION, SARAH LOUISE 1038 AUDREY WAY ALLEN, TX HERNANDEZ, PEDRO 2809 SPARTACUS DR GRAND PRAIRIE, TX CANALES, IRMA 2910 PALADIUM DR GRAND PRAIRIE, TX Page 1 NGUYEN, HANG LE 2907 PALADIUM DR GRAND PRAIRIE, TX 75052

33 Parcel Owner Notification Labels - Count: 33 MORENO, RAYMOND 2911 PALADIUM DR GRAND PRAIRIE, TX STEWART, FRED M 4230 BRIAR HILL DR GRAND PRAIRIE, TX SCHMIDT, JUDY 2910 PEGASUS CT GRAND PRAIRIE, TX Page 2

34 BA Crescent Dr. Variance Height & Size Zoning Board of Adjustments & Appeals: April 16, 2018 Case Manager: Owner: Colby Collins Larry Barthel SUMMARY 310 Crescent Dr, platted as Lot 9 & 10, Highland Hills (Council District 5). Consider a height and size variance request to allow construction of an accessory structure. This property is zoned Single Family-1 (SF-1). DISCUSSION The applicant is requesting approval to construct a 20 ft. x 24 ft. 14 ft. 6in. tall accessory structure for storage (tuff shed). The applicant is proposing to construct the structure out of wood. Due to the size of the structure being over 200 sq. ft. (480 sq. ft.), the City of Grand Prairie (U)nified (D)evelopment (C)ode states that the building must be constructed of masonry as defined in Section 13, Minimum Masonry Content for Structures in Residential Zoning Districts, or be of a standard residential siding material consistent with materials used on the primary residential structure if 50 percent of all developed lots within the block on both sides of the street between two intersecting streets have been constructed with nonmasonry materials. Also, due to at least 50% of the surrounding developed lots having non masonry material for accessory structures, the applicant will not need a masonry exception. Also, the applicant is requesting a height variance for the structure. The maximum height for an accessory structure is 14 ft. The applicant is requesting 14 ft. 6 in. for the accessory structure. During site visits, staff noticed there were surrounding homes with accessory structures within 300 ft. of the subject property. At the time of this report (4/10/2018), staff has yet to receive any complaints from surrounding neighbors. According to the Dallas County Appraisal District (DCAD), the subject property consists of a 2,259 square foot home constructed in The exterior of the home is primarily brick veneer. The existing front yard driveway has room to park two-full sized vehicles. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review process, Building Inspections will ensure that the materials and construction complies with all regulations. PUBLIC NOTIFICATION PAGE 1 of 4 City of Grand Prairie

35 Legal notice of this item was published in the Fort Worth Star Telegram on April 6 th and April 15 th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on April 6, 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: During site visits, staff noticed there were surrounding homes with accessory structures within 300 ft. of the subject property. Staff believes that approving such exception and variance will not substantially or permanently injure the appropriate use of adjacent property in the same district. At the time of this report (4/10/2018), staff has yet to receive any complaints from surrounding neighbors. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the exception will not adversely affect the health, safety or general welfare of the public. 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 proposed special exception and variance, if approved, will not authorize the operation of a use other than those already allowed in the Single Family-1 (SF-1) zone district. During site visits, staff noticed there were surrounding homes with accessory structures within 300 ft. of the subject property. Staff believes that approving such exception and variance will not be contrary to the public interest. At the time of this report (4/10/2018), staff has yet to receive any complaints from surrounding neighbors. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: The granting of this exception and variance will allow the homeowner to store and protect personal items for their home. Staff suggests that the exception is in harmony with the spirit and purpose of this ordinance. 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. PAGE 2 of 4 City of Grand Prairie

36 Staff Evaluation: During site visits, staff noticed there were surrounding homes with accessory structures within 300 ft. of the subject property. Staff believes that approving such exception and variance will not alter the essential character of the district. At the time of this report (4/10/2018), staff has yet to receive any complaints from surrounding neighbors. 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 site visits, staff noticed there were surrounding homes with accessory structures within 300 ft. of the subject property. Staff believes that approving such exception and variance will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. At the time of this report (4/10/2018), staff has yet to receive any complaints from surrounding neighbors. 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: 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 building does not contain any facilities for food preparation, sleeping or bathrooms. The accessory building is not intended to be used as a dwelling. Staff has also informed the applicant that using the structure as a dwelling is prohibited. 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

37 Staff Evaluation: The accessory structure is a single-story structure. RECOMMENDATION Due to the size of the property, staff suggests that ZBA board grant the proposed height and size variance to the 24 ft. x 20 ft. 14 ft. 6 in. tall accessory structure. If the board chooses to grant the applicants request, he/she must abide to the conditions listed below: CONDITIONS 1. The variances and/or special exceptions 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 from Building Inspections prior to the completion of the proposed structure. 3. The accessory structure cannot be used for a dwelling. 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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39 STADIUM DR CRESCENT DR CASE LOCATION MAP Case Number: BA Crescent Dr City of Grand Prairie Planning and Development (972)

40 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 Crescent Dr, platted as Lot 9 & 10, Highland Hills (Council District 5). Consider a masonry Special Exception, and height and size variance request to allow construction of an accessory structure. This property is zoned Single Family-1 (SF-1). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on April 16, 2018, 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

41 Parcel Owner Notification Labels - Count: 15 BARTHEL LARRY 310 CRESCENT DR FRAGOSO JULIAN & JOSEFINA PO BOX GARRIS DANIEL E 322 CRESCENT DR MANKIN GARY & PO BOX MARTINEZ DANA L 302 CRESCENT DR FRAGOSO JULIAN & JOSEFINA 2454 DONNA DR ARNOLD JOHN LOYD 301 CRESCENT DR BARRETT ELMER FOY 2223 VILLAGE PATH NEW BRAUNFELS TEXAS SPEER ROBERT A & BARBARA L 309 CRESCENT DR SPEER ROBERT A & BARBARA L 309 CRESCENT DR BARRETT ELMER FOY 2223 VILLAGE PATH NEW BRAUNFELS TEXAS MARTINEZ DANA L 302 CRESCENT DR GRAND PRAIRIE ISD 2602 S BELT LINE RD BARTHEL LARRY 310 CRESCENT DR GARRIS DANIEL E 322 CRESCENT DR Page 1

42 BA E. Broad St. Special Exception - Masonry Variance Size Zoning Board of Adjustments & Appeals: April 16, 2018 Case Manager: Owner: Colby Collins John Ramirez SUMMARY 4665 E Broad St, Joab Watson Survey, Abstract 1632, Tract 1A AB 1632 TR 1B (Council District 4). Consider a size variance request to construct an accessory structure. This property is zoned Planned Development- 369 (PD-369). DISCUSSION The applicant is requesting approval to construct a 38 ft. x 30 ft. 14 ft. tall accessory structure to be used as a horse stable. The applicant is proposing to construct the structure out of metal. The applicant currently has an existing horse stable (2,880 sq. ft.). The proposed stable will replace the existing horse table. Due to the size of the structure being over 200 sq. ft. (1,140 sq. ft.), the City of Grand Prairie (U)nified (D)evelopment (C)ode states that the building must be constructed of masonry as defined in Section 13, Minimum Masonry Content for Structures in Residential Zoning Districts, or be of a standard residential siding material consistent with materials used on the primary residential structure if 50 percent of all developed lots within the block on both sides of the street between two intersecting streets have been constructed with non-masonry materials. Also, due to at least 50% of the surrounding developed lots having non masonry material for accessory structures, the applicant will not need a masonry exception. The proposed special exception and variance, if approved, will not authorize the operation of a use other than those already allowed in the Planned Development-369 (PD-369) zone district. While there are no surrounding homes with accessory structures this large, the applicant did apply for a zoning change (November 2017) to allow equestrian uses which was approved by City Council. The subject property is nearly 3 acres (2.85), and the applicant intends to use the proposed structure as a horse stable. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review process, Building Inspections will ensure that the materials and construction complies with all regulations. PUBLIC NOTIFICATION PAGE 1 of 4 City of Grand Prairie

43 Legal notice of this item was published in the Fort Worth Star Telegram on April 6 th and April 15 th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on April 6, 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: The proposed special exception and variance, if approved, will not authorize the operation of a use other than those already allowed in the Planned Development-369 (PD-369) zone district. While there are no surrounding homes with accessory structures this large, the applicant did apply for a zoning change (November 2017) to allow equestrian uses which was approved by City Council. The subject property is nearly 3 acres (2.85), and the applicant intends to use the proposed structure as a horse stable. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the exception will not adversely affect the health, safety or general welfare of the public. 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 proposed special exception and variance, if approved, will not authorize the operation of a use other than those already allowed in the Planned Development-369 (PD-369) zone district. While there are no surrounding homes with accessory structures this large, the applicant did apply for a zoning change (November 2017) to allow equestrian uses which was approved by City Council. The subject property is nearly 3 acres (2.85), and the applicant intends to use the proposed structure as a horse stable. D. Such variance or exception will be in harmony with the spirit and purpose of this ordinance. Staff Evaluation: The granting of this exception and variance will allow the homeowner to store and protect personal property for their home. Staff suggests that the exception is in harmony with the spirit and purpose of this ordinance. 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. PAGE 2 of 4 City of Grand Prairie

44 Staff Evaluation: While there are no surrounding homes with accessory structures this large, the applicant did apply for a zoning change (November 2017) to allow equestrian uses which was approved by City Council. The subject property is nearly 3 acres (2.85), and the applicant intends to use the proposed structure as a horse stable. At the time of this report (4/10/2018), staff has yet to receive any contact from surrounding neighbors. 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: While there are no surrounding homes with accessory structures this large, the applicant did apply for a zoning change (November 2017) to allow equestrian uses which was approved by City Council. The subject property is nearly 3 acres (2.85), and the applicant intends to use the proposed structure as a horse stable. 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: 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 applicant informed staff that the accessory structure will be used for horse stables. The accessory building is not intended to be used as a dwelling. Staff has also informed the applicant that using the structure as a dwelling is prohibited. 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

45 Staff Evaluation: The accessory structure is a single-story structure. RECOMMENDATION Due to the size of the property (over 2 acres), staff suggests that ZBA board grant the proposed masonry exception, as well as the size variance to the proposed 38 ft. x 30 ft. 14 ft. tall accessory structure. If the board chooses to grant the applicants request, he/she must abide to the conditions listed below: CONDITIONS 1. The variances and/or special exceptions 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 from Building Inspections prior to the completion of the proposed structure. 3. The accessory structure cannot be used for a dwelling. 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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47

48 DAY MIAR RD 3250 ENGLAND PKWY ENGLAND PKWY BROAD ST CASE LOCATION MAP Case Number: BA E Broad St City of Grand Prairie Planning and Development (972)

49 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 E Broad St, Joab Watson Survey, Abstract 1632, Tract 1A AB 1632 TR 1B (Council District 4). Consider a size variance request to construct an accessory structure. This property is zoned Planned Development-369 (PD-369). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on April 16, 2018, 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

50 Parcel Owner Notification Labels - Count: 5 BARKSDALE, BARBARA BOBO 937 MEADOW OAKS DR ARLINGTON, TX RAMIREZ, JOHN M 4665 E BROAD ST MANSFIELD, TX RAMIREZ, JOHN M 4665 E BROAD ST MANSFIELD, TX GRAND PRAIRIE, CITY OF PO BOX GRAND PRAIRIE, TX GRAND PRAIRIE, CITY OF PO BOX GRAND PRAIRIE, TX Page 1

51 BA Dalworth St. Special Exception Fence Zoning Board of Adjustments & Appeals: April 16, 2018 Case Manager: Owner: Colby Collins Oscar Ninfert SUMMARY 1914 Dalworth St, platted as Lot 9& 10, Block 169, Dalworth Park (Council District 5). Consider a Special Exception request to construct a fence. This property is zoned General Retail (GR). DISCUSSION The applicant is requesting approval for a Special Exception to construct a corrugated fence along the subject property. The applicant is requesting the proposed fence to protect company property. The applicant has informed staff that the surrounding area has had a high crime rate as well as burglary occurrences in the past. Per the (U)nified (D)evelopment (C)ode, a corrugated fence is not allowed. While staff does not support a corrugated fence for the property, staff is in support of: -wood fence -wood fence with masonry columns -masonry fence Per City of Grand Prairie UDC: Fences in the required building setbacks adjacent to designated arterials and collectors must be of a wrought iron type design style. Fences located in Light Industrial (LI) or Heavy Industrial (HI) zoned districts may install a black vinyl chain link fence in lieu of a wrought iron type fence (see Appendix V, Fence Detail, of the Unified Development Code for additional requirements for this substitution). Per City of Grand Prairie UDC: Non Residential fences shall be composed of materials recognized as standard, residential grade fencing material and shall not be constructed with corrugated metal, sheet metal, or corrugated fiberglass. R Panel fences are permitted in the Light Industrial Limited Standards (LI LS) District only (standards for a metal fence can be found Appendix V, Fence Detail of the Unified Development Code). Per City of Grand Prairie UDC: 8.11 Fence Exceptions. Exceptions to the requirements of this Section for Non-Required fences may be granted by the Zoning Board of Adjustments and Appeals upon satisfaction of the following criteria: B. Proposed fence is composed of materials recognized as normal fencing material including, but not PAGE 1 of 2 City of Grand Prairie

52 limited to, chain link and wood, and does not include such materials as corrugated metal or fiberglass. At the time of this report (4/10/2018), staff has not received any calls of opposition from surrounding neighbors. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review process, Building Inspections will ensure that the materials and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on April 6th and April 15th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on April 6, RECOMMENDATION Staff recommends denial regarding the applicant s request to construct a corrugated fence along the property. While staff does not support a corrugated fence for the property, staff is in support of: -wood fence -wood fence with masonry columns -masonry fence CONDITIONS 1. The variances and/or special exceptions 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 from Building Inspections prior to the completion of the proposed structure. 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. 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 2 of 2 City of Grand Prairie

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57 NW 20TH ST DALWORTH ST 2001 NW 20TH ST CASE LOCATION MAP Case Number: BA Dalworth St City of Grand Prairie Planning and Development (972)

58 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 Dalworth St, platted as Lot 9& 10, Block 169, Dalworth Park (Council District 5). Consider a Special Exception request to construct a fence. This property is zoned General Retail (GR). You are being notified in accordance with state law requiring the notification of property owners within 300 feet of the subject property for the variance or special exception. The public hearing will be held in City Hall, 317 College Street, on April 16, 2018, 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

59 TREJO JOSE 418 NW 20TH ST Parcel Owner Notification Labels - Count: 45 JOHNSON BILLY D 414 NELSON ST ONE PRIME LP 5910 N CENTRAL EXPWY STE 1310 DALLAS TEXAS COOK CONI T 313 CAMPO ST HERNANDEZ VICTORIANO 4146 HAMMERLY DR DALLAS TEXAS TORRES ARTURO 627 W JEFFERSON ST CRUZ ALEJANDRO 1905 DALWORTH ST ONE PRIME LP 5910 N CENTRAL EXPWY STE 1310 DALLAS TEXAS CRUZ HUMBERTO & 1921 DALWORTH ST LIGON JACK W & ELSIE F 417 NW 19TH ST UMANZOR CRISTHIAN R & DAMARIS A PO BOX DUNCANVILLE TEXAS OTERO REINALDO LOPEZ & 1912 LAYTON AVE HALTOM CITY TEXAS QUEZADA OCTAVIO G 1937 DALWORTH ST ROMEROCHAVEZ OSCAR 408 NW 20TH ST PEREZ JOSE & MARCELA 2551 TAOS DR ALFARO JUANITA & 417 NW 20TH ST MEJIA HECTOR M 1925 DALWORTH ST RODRIGUEZ VIRGINIA & 705 BUENA VISTA DR HURST TEXAS KAMALYN LLC 4927 LAKE RIDGE PKWY STE SOLIS SEVERO 1917 DALWORTH ST NINFFERT OSCAR 3629 SAN REMO DR MENDOZA JESUS & MARI 409 NW 20TH ST L R CANNON ENTERPRISES LP PO BOX ONE PRIME LP 5910 N CENTRAL EXPWY STE 1310 DALLAS TEXAS JOHNSON BILLY D 410 NELSON ST L R CANNON ENTERPRISES LP PO BOX ONE PRIME LP 5910 N CENTRAL EXPWY STE 1310 DALLAS TEXAS MORALES MARTIN PO BOX DALLAS TEXAS SUBURBAN RESIDENTIAL LP PO BOX DUNCANVILLE TEXAS Page 1 GONZALEZ MARIA 430 NW 20TH ST

60 Parcel Owner Notification Labels - Count: 45 TORRES ARTURO & GLORIA 637 W JEFFERSON ST TORRES ARTURO 637 W JEFFERSON ST ONE PRIME LP 5910 N CENTRAL EXPWY STE 1310 DALLAS TEXAS ONE PRIME LP 5910 N CENTRAL EXPWY STE 1310 DALLAS TEXAS OROSCO STEVEN 405 NW 19TH ST TERNES SANDRA J 426 NW 20TH ST KAMALYN LLC 4927 LAKE RIDGE PKWY STE NINFFERT OSCAR 3629 SAN REMO DR SUBURBAN RESIDENTIAL LP P O BOX DUNCANVILLE TEXAS RIVERA MELISSA ZULEYMA & 918 NW 9TH ST WAGNER MEYERS A & 501 WYNNEWOOD VILLAGE #395 DALLAS TEXAS ABREGO ESTHER 420 NW 20TH ST MAYFIELD DOROTHY J ESTATE OF 425 NW 20TH ST MATA ISAIAS LEAL 1933 DALWORTH ST HIDALGO RICARDO 1839 RHINEVALLEY DR ARLINGTON TEXAS Page 2

61 BA Lynne Dr. Special Exception Carport Zoning Board of Adjustments & Appeals: April 16, 2018 Case Manager: Owner: Colby Collins Veronica Trevino SUMMARY 625 Lynne Dr, platted as Lot 15, Block E, Royal Valley Estates (Council District 3). Consider a Special Exception request to construct a carport. This property is zoned Single Family-3 (SF-3). DISCUSSION The applicant is requesting approval for a Special Exception to construct a 20x20x8 tall carport. The applicant is proposing to construct the carport out of metal. The applicant stated that she is requesting a carport to help protect the family s vehicles from inclement weather. During site visits, staff noticed there were no (legal) carports within 800 ft. of the subject property. Due to only one carport (no permit) being within 800 ft. of the subject property, approving the exception will substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. According to the Dallas County Appraisal District (DCAD), the subject property consists of a 1,554 square foot home constructed in The exterior of the home is primarily brick veneer. The existing front yard driveway has room to park two-full sized vehicles. Subject to approval of this application, an approved building permit will be required prior to the commencement of the construction. As part of the building permit review process, Building Inspections will ensure that the materials and construction complies with all regulations. PUBLIC NOTIFICATION Legal notice of this item was published in the Fort Worth Star Telegram on April 6 th and April 15 th. Property owner notices (PON s) were placed in the City of Grand Prairie out-going-mail on April 6, FINDINGS PAGE 1 of 5 City of Grand Prairie

62 The following section evaluates findings for a Special Exception for the carport. Section (A) of Article 6, Density and Dimensional Requirements, of the Unified Development Code, stipulates that carports are not permitted by right in any single family residential zoning district; however, Section (B) of Article 6, Density and Dimensional Requirements, of the Unified Development Code grants the Zoning Board of Adjustments and Appeals the authority to grant a Special Exception to the regulations for the purpose of constructing a carport in a residential zoning district upon a finding by the board that: 1. The carport will not exceed a maximum square footage of 500 sq. ft. Staff Evaluation: The proposed carport is (20x20x8 tall) 400 sq. ft. in total area. The finding has been met. 2. The carport will be setback a minimum of five (5) feet from all property lines adjacent to public rights of way. Staff Evaluation: According to the applicant, the carport will meet the minimum required setbacks. 3. The carport will be setback a minimum of three (3) feet from all internal property lines, and any projection or overhang of eaves, gutters, or other roof elements that protrude into the established building setback may not exceed twenty four (24 ) inches in accordance with Section A of this Article. Staff Evaluation: According to the applicant, the carport will meet the required setbacks. 4. The carport will not encroach, intrude, or overhang any easements that have been established on the subject property. Staff Evaluation: The applicant has been informed that the proposed carport cannot encroach, intrude, or overhang any easements that have been established on the subject property. 5. All areas beneath the roof of the carport should be paved with a city approved paving material and the poles or supports of the carport should be anchored in or to the paving. Staff Evaluation: The carport is proposed to be constructed over a concrete driveway. 6. The carport is to be constructed in a manner and design consistent in materials and color to the primary residential structure and may not be composed of any materials explicitly prohibited in Section (C) of this Article, Staff Evaluation: Based on information provided by the applicant as noted above, the structure will meet this condition; however, during the permit process the building inspections department will verify all materials. 7. The carport does not pose a negative impact on any of the adjacent or surrounding properties PAGE 2 of 5 City of Grand Prairie

63 based on its proposed location, design, or visual impact to the streetscape. Staff Evaluation: During site visits, staff noticed there were no (legal) carports within 800 ft. of the subject property. Due to only one carport (no permit) being within 800 ft. of the subject property, approving the exception will substantially injure the appropriate use of the adjacent property. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. 8. The carport does not create a possible sight obstruction to motorists. Staff Evaluation: The structure will not create any sight obstruction to motorists C In no case should any carport contain or be constructed of the following prohibited building materials: canvas, vinyl, PVC siding, galvanized or corrugated metal, aluminum, corrugated or flat fiberglass panels, or any plastic construction materials. Staff Evaluation: All building materials will be reviewed for compliance with Section (C) of the UDC by Building Inspections during the permit review process. 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: During site visits, staff noticed there were no (legal) carports within 800 ft. of the subject property. Due to only one carport (no permit) being within 800 ft. of the subject property, approving the exception will substantially injure the appropriate use of the adjacent property. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. B. Such variance or exception will not adversely affect the health, safety or general welfare of the public. Staff Evaluation: Staff suggests that the exception will not adversely affect the health, safety or general welfare of the public. 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 proposed carport special exception, if approved, will not authorize the operation of a use other than those already allowed in the Single Family-3 (SF-3) zone district. During site visits, staff noticed there were no (legal) carports within 800 ft. of the subject property. PAGE 3 of 5 City of Grand Prairie

64 At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. 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 protect their vehicle from inclement weather. Staff suggests that the exception is in harmony with the spirit and purpose of this ordinance. 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 site visits, staff noticed there were no (legal) carports within 800 ft. of the subject property. Due to only one carport (no permit) being within 800 ft. of the subject property, approving the exception will alter the essential character of the district. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their oppsoition for the proposed structure. 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 site visits, staff noticed there were no (legal) carports within 800 ft. of the subject property. Due to only one carport (no permit) being within 800 ft. of the subject property, approving the exception will substantially weaken the general purposes of the zoning regulations established for the district in which the property is located. At the time of this report (4/9/2018), staff has been notified by two surrounding neighbors stating their opposition for the proposed structure. 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. H. The variance or exception is not a self-created hardship. Staff Evaluation: After review, staff finds that the exception is self-created. RECOMMENDATION Due to no (legal) surrounding carports within 800ft. of the subject property, staff recommends denial for PAGE 4 of 5 City of Grand Prairie

65 the proposed carport structure. If the board chooses to grant the applicants request, he/she must abide to the conditions listed below: CONDITIONS 1. The variances and/or special exceptions 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 from Building Inspections prior to the completion of the proposed structure. 3. The carport must conform to material standards listed in Section (C) of the Unified Development Code. 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 5 of 5 City of Grand Prairie

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67 MICHAEL DR LYNNE DR CORN VALLEY CT GLENDA DR CASE LOCATION MAP Case Number: BA Lynne Dr City of Grand Prairie Planning and Development (972)