Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-10/14/2003 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - OCTOBER 14, 2003 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on October 14, 2003. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Pat Davis Ron Sturgeon Barry LeBaron, Clayton Husband, Jan Levy Absent: Staff: Approval of Minutes August 12, 2003 Bruce Butch Bercher moved to approve the minutes as corrected. Skip Reynolds seconded the motion. The motion was passed by acclamation. Swearinq in of Newlv Appointed Members Recording secretary, Jan Levy, administered the oath of office to Dee McNosky, Place 4; Larry Henry, Place 5; and Ed Moore, Alternate 1. Election of Officers Skip Reynolds nominated Dee McNosky for Chairman. Butch Bercher nominated Larry Henry for chairman. The vote was 4 to 2 for Dee McNosky for Chairman. Skip Reynolds nominated Rich Munson for Vice Chairman. There were no other nominations. The vote was 7 to 0 for Rich Munson for Vice Chairman. Chairman McNosky explained the procedures of the Zoning Board of Adjustment and outlined the meeting format for the audience. The five voting members were: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, and Larry Henry. AQenda Items 1 . Case A-03-006 - PUBLIC HEARING - Request by Janice W. Robbins for a variance from the fence regulations of the Colleyville Land Development Code on Lot 7, Block 1, Pleasant Oaks Estates, located at 5900 Pleasant Run Road Barry LeBaron presented the case to the Board and reviewed the staff briefing. Zoning Board of Adjustment Minutes - October 14,2003 Page 1 of 6 Approved on January 13, 2004 Janice Robbins was present to represent the case. She explained the reasons she is seeking a variance and presented pictures to the Board. Evan Smith, 5912 Pleasant Run Road, spoke in support of the variance. He said he moved to Colleyville one year ago and the neighbors next to Ms. Robbins to the north have parties that go sometimes until 7 a.m. He said there is a great amount of noise and sometimes there is even a band playing. He said people visiting the house to the north of Ms. Robbins park across the street on Pleasant Run and on Beverly Drive and they create a big disturbance. He said Ms. Robbins needs to do something to protect her property. There was no one else present wishing to speak, and Chairman McNosky closed the public hearing. Skip Reynolds asked the applicant questions about the noise and disturbances associated with the neighbor's parties. He asked if the police have visited the scene. Ms. Robbins said the police have visited approximately seven times in the last year and a half. Mr. Reynolds asked Ms. Robbins if she had considered constructing a 30 inch fence with shrubs. She responded that she has planted shrubs in the past and the neighbors drove over them. She said she put reflectors out and the neighbors tore them down. Mr. Reynolds asked staff to explain the kind of fencing the applicant could put in the area over the building line. Staff explained that a fence in the location over the building line could be 30 inches tall, and the fence must be constructed of not more than 25% solid construction. Mr. LeBaron said this lot has a large front setback that is an extra 15 feet setback in comparison to most building setbacks. Rich Munson said he visited the site and a solid 30 inch wall would be a better barrier than what the requirements currently are. He said a high fence would not be out of character for the area and he did not see that there would be a site problem in the location of the proposed fence. He said there is currently a bush that is growing in the bar ditch that creates a visibility problem and he would appreciate it if staff would call that to the attention of someone in enforcement. The Board entered into discussion about the height requirements and the kind of fence that may resolve the applicant's problem. Rich Munson suggested that the applicant work with staff to explore other possibilities and come back with a plan at a later time if a variance is still needed. Dee McNosky moved to table the variance request. Butch Bercher seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Henry Noes: None 2. Case A-03-007 - PUBLIC HEARING - Request by Matthew and Shelley Moore for a variance from the rear yard setback requirements of the Colleyville Land Development Code on Lot 2, Block 1, Nolan Addition, located at 5101 Oak Timber Court Barry LeBaron presented the case to the Board and discussed the staff briefing. He explained Zoning Board of Adjustment Minutes - October 14, 2003 Page 2 of 6 Approved on January 13, 2004 how the applicant would be creating a nonconforming structure when they turn the temporary residence into an accessory building because the size of the accessory building would exceed the size limits for the R20 zoning district. He said the applicant did not indicate the long term plans. Mr. LeBaron explained the setback requirements in the R20 zoning district. He said a petition in opposition was submitted by neighbors Tuesday afternoon with twelve signatures and copies of the petition were distributed to the Board. Matthew Moore, 3534 Bear Creek, Hurst, Texas was present to represent the variance request. He said they have finished the blue prints to construct the primary structure and they plan to remove the windows on the barn and install a garage door and use it as their garage. He said the room in the downstairs will be used as a home office. Wayne Quenichet, 5005 Oak Timbers Court, said he agreed with all of the points stated in the petition of opposition that was presented by the neighbors. He said If the variance was to be granted, he would want a concrete time restraint as to when the structure would be converted back to an accessory building. Harvey Collins, 5013 Oak Timbers Court, said that he had no problem with the Moores, but what they are proposing will have an effect on the property values and quality of life in the neighborhood. He expressed concerns that the temporary structure could be turned into a rental unit once another dwelling was built on the property. He said if it becomes a garage that would be all right, but some kind of commitment would need to be signed so that it never gets used as rental property. He said that even if the applicants are required to remove the stove unit, a microwave oven and a Dutch oven fulfills most anyone's need for a primary residence. He said when he moved to the neighborhood, he was impressed by the large lots with attractive homes and the zoning district is single family R20 and he expects the City to enforce the single family requirements. Bill Miller, 1100 Riverwalk Court, said he echoes the previous comments. He said when he built his new home, he had to abide by all of the setback requirements and a five foot setback is not acceptable. He said from a land value point, he is opposed to the request. Mark Delgado, 1104 Riverwalk Court, said he has the same issues that the prior speaker had. He said the barn in the current configuration is all right and they were aware of it when they bought their lot and built their house, but the new construction would add more roofline. He said the site is acceptable for the barn, but adding on to the structure that is only five feet away from their property lines is too massive. Carol King, 5000 Oak Timbers Court, spoke in opposition. She said that allowing the accessory building to become a primary structure increases the possibilities that the structure will be turned into a second residence and others may follow. She said that Colleyville citizens have taken a stance against allowing apartments and she is opposed to apartments in Colleyville. There was no one else present wishing to speak. Matthew Moore, the applicant, said that renting the accessory building out is against City codes and the City would not allow it. He said the improvements will make the barn more attractive. Chairman McNosky closed the public hearing. Zoning Board of Adjustment Minutes - October 14,2003 Page 3 of 6 Approved on January 13, 2004 Butch Bercher said that in the past the Zoning Board of Adjustment has always looked for a compromise and there are valid points why the applicant requested the variance, but one of the purposes of the Board is to make decisions that are neighborhood building and with all of the neighborhood opposition, this would be difficult to approve. Skip Reynolds asked questions of the applicant about the precise plan for the office. The applicant said he offices from his home and is in sales. He said he uses a computer and makes telephone calls. He said there would be no office staff. There was discussion by the Board and staff about the regulations for home office use and how the office can be in an accessory building. Larry Henry spoke about how the expansion of the building creates a problem and he said there should be a time frame stipulated when it will convert back to an accessory building. There was discussion about the proposed size of the accessory building exceeding the maximum square footage for the R20 zoning district and how a nonconformity will be created. There was discussion about the requirements for a Special Use Permit for accessory buildings that exceed the size limits. Skip Reynolds said that with all sympathy to the applicant, everyone has a serious concern with changing the character of the neighborhood. Chairman McNosky called for a motion. There was no motion by the Board to approve or deny. Chairman McNosky moved to approve the variance. There was no second to the motion. The variance was denied per the regulations in Section 1.16.H Decision of ZoninQ Board of Adiustment which state: The concurring vote offour members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Land Development Code, or to effect any variation in the application of this ordinance. 3. Case A-03-008 - PUBLIC HEARING - Request by Joe and Helen Pitts for a variance from the side yard setback requirements of the Colleyville Land Development Code on Lot 1, Block N, Mill Creek Addition, located at 205 W. Mill Valley Drive Barry LeBaron presented the case to the Board and reviewed the staff briefing. He explained the way the regulations are worded to determine whether an accessory building is considered attached or detached. He said this structure would be considered attached and consequently, needs to comply with the yard setback requirements. He told the Board that another letter of opposition was received after the packets were distributed and copies of the letter were given to the board members. Joe Pitts, applicant, 205 W. Mill Valley Drive, was present to represent the variance request. He told the Board that an additional garage was needed in order to store a classic vehicle and their present two cars will be stored in the existing garage. He explained how the one car garage will be constructed with brick to match the existing structure. Zoning Board of Adjustment Minutes - October 14, 2003 Page 4 of 6 Approved on January 13, 2004 There was no one present to speak in favor of the request. Those present wishing to speak in opposition were: Sam Bastawros, 209 W. Mill Valley Drive, said he and his wife are opposed to the variance request. He said he likes his neighbor very much and this is not a personal complaint, but he is the neighbor that is most affected by the proposed garage. He said that he is licensed in the State of Texas as a professional engineer. Mr. Bastawros drew on the marker board in the chambers the location of his house and the location of the proposed garage. He said the proposed garage won't match on the side of the building and it will be very close to the sidewalk. He said that his house which is on the opposite corner has dining room and den windows that look out onto the side of the Pitts' house and the proposed garage will be in full view. He expressed concerns about the safety associated with the garage being constructed in this location. He said that cars turn fast onto Antwerp and the garage may block visibility. He said there are many children in the neighborhood and they need to eliminate any potential accidents. He said that when he had talked to Mr. Pitts in the past, he assumed the garage would be put in a different location on the lot and this location is not acceptable. Chris Hatwig, 208 W. Mill Valley Drive, expressed concerns about the existing side yard not being very large and the best the Pitts could do is build a one car garage and the pitch of the roof would be different from the main dwelling. He said that traffic is an issue and in the past he has worked with Police Chief Young about traffic issues at that location and a stop sign is not allowed. He said he can't see a massive building going into the side yard that will be right up against the sidewalk. He also told the Board that his neighbor Sam Bastawros' view will become concrete rather than open space. Jim Fitzgerald, 212 W. Mill Valley Drive, told the Board that he submitted a letter of opposition to staff. He said that he has concerns with the safety issue. He said the aesthetics of the neighborhood would be changed and green space and open space is very important and add to the value of the homes. Mr. Fitzgerald also expressed concerns about setting a precedence in the neighborhood if the variance was granted. The applicant, Joe Pitts, said that he is proposing a one car garage that will be ten feet away from the sidewalk. He said that he does not want to detract from the home values in the neighborhood and he cannot envision the structure would create a traffic problem. Chairman McNosky closed the public hearing. Butch Bercher asked staff if there were other locations the garage could be built on the lot without the applicant having to request a variance. There was discussion about the easement on the lot and the need for staff to research if there are any utilities in that easement. Ed Moore spoke about the location of the garage and the location of a driveway to maneuver into the proposed garage. He said that according to the applicant's calculations, the proposed garage will only be two feet away from the existing house and that creates a difficult space to maneuver. Zoning Board of Adjustment Minutes - October 14, 2003 Page 5 of 6 Approved on January 13, 2004 Sam Bastawros told the Board that two additional cars will be able to park on the newly created driveway to the proposed garage. The Board discussed the aesthetics and traffic safety issues associated with the request and Butch Bercher said there should be some other solution to provide a one car garage on the lot that will have less impact on the neighborhood. Chairman McNosky suggested that the applicant work with staff to try and find an alternative solution. Rich Munson moved to table the case for a maximum of sixty days to allow the applicant to try and find an alternative solution. Larry Henry seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Henry Noes: None ADJOURNMENT The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 8:20 p.m. Respectfully Submitted, Approved on: January 13, 2004 as corrected. (On page one - changed Bruce Bercher to Butch Bercher.) Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes - October 14, 2003 Page 6 of 6 Approved on January 13, 2004