HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-8/10/2004
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING - AUGUST 10,2004
REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at
7:00 p.m. on August 10, 2004.
Roll Call
Present:
Butch Bercher, Larry Henry, Dee McNosky, Ed Moore,
Rich Munson, Skip Reynolds
Staff: Barry LeBaron, Clayton Husband, Eddie Edwards
Approval of Minutes
Motion by Butch Bercher to approve the minutes of the May 11, 2004 meeting as presented,
seconded by Skip Reynolds. The vote being:
Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Rich Munson, Skip Reynolds
Noes: None
Chairman McNosky explained the public hearing procedures and the voting requirements of the
Board to the audience. Rich Munson stated that he had a problem with one of the items on the
agenda and elected to recuse himselffrom the vote and removed himselffrom the entire meeting
agenda.
Aaenda Items
1. Case A-04-005 - Request by Mid City Custom Pools for a variance from the side and rear
yard requirements for a swimming pool on Lot 11, Block 1, Riverwalk at Colleyville Addition,
located at 1120 Sabine Court
City staff member Barry LeBaron presented this case to the Board and showed pictures of the
applicant's property and drawings of the proposed pool/spa location on the property. Mr.
LeBaron stated this development has two foot side yard setbacks.
Chairman McNosky opened the public hearing and asked the applicant to come forward to
speak.
Don Pierce, Grapevine, Texas, stated he was the pool builder and wanted to construct the
pool for the home owner for therapy use.
Chairman McNosky closed the public hearing.
Zoning Board of Adjustment
Minutes - August 10, 2004
Page 1 of 7
Butch Bercher stated that we have had similar requests in the past in this development. He
stated that since there have been no citizens in opposition, he made a motion to approve the
variance request as presented. The motion was seconded by Skip Reynolds.
Larry Henry asked if staff had looked at the pool location to determine if there are any
problems with right-of-way or drainage.
Barry LeBaron stated the applicant would need to coordinate the location with the local utility
companies to verify that there are no utility conflicts and the drainage goes toward the street.
The motion was approved by the following vote:
Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Skip Reynolds
Noes: None
2. Case A-04-006 - Request by Murway Building Investments for a variance to allow a new
residence to encroach the front building line on Lot 17R, Block 2, Montclair Parc, located at
5607 Normandy Drive
Barry LeBaron presented this case to the Board and showed photos of the site and the
proposed building line encroachment on the Miramar Drive side of the property. Mr. LeBaron
stated that staff had received two letters of opposition, one from a neighbor and a second from
the homeowners association.
Butch Bercher asked about the location of the tree.
Barry LeBaron showed photos of the site and the trees on the property, but stated he did not
know which tree the applicant was referencing in the application in support of his justification
for the variance.
Chairman McNosky asked the applicant to come forward to speak.
J. R. Locey, Southlake, Texas, addressed the Board. Mr. Locey stated that he was the
potential new home owner and was seeking to build a new home. He stated that he was told
by the previous owner that the architectural control committee of the HOA had already
approved a variance for this lot. So they moved forward with a variance request to the City.
He stated that he had learned on the previous Monday that the ACC had not approved the
variance request. He stated that the old pecan tree is what he wanted to save and is the basis
for his variance request. The tree is adjacent to Normandy, but the fifteen foot variance is on
Miramar.
Chairman McNosky asked the applicant to point to the tree on the photograph of the lot.
Butch Bercher stated that from the aerial photo, you could see that the pecan tree is between
the curb and the thirty foot building set back line.
Zoning Board of Adjustment
Minutes - August 10, 2004
Page 2 of 7
Ed Moore stated that according to the information in the packet, the applicant is seeking the
fifteen foot variance on the Miramar side of the lot and not the Normandy side where the
pecan tree is located.
Chairman McNosky asked if there was anyone else wanting to speak. There being none, the
public hearing was closed.
Chairman McNosky stated that the tree doesn't appear to be in danger from the house
according to the drawing.
Butch Bercher stated that if the house encroachment had come the other way then the tree
would have come into play.
Barry LeBaron stated that staff could not determine a relationship between the variance
request on Miramar when the pecan tree was adjacent to Normandy.
Ed Moore asked Mr. Locey if the house were built within the building line, would the drip line
be encroached. Mr. Locey stated that he was told it would be a problem. They also had a
floorplan that they liked.
Ed Moore asked where the garages were located. Mr. Locey stated that the garages entered
from Miramar.
Larry Henry stated that he didn't feel that there was good justification to approve a variance.
Butch Bercher stated that the applicant should go back to the ACC and see if he could work
with them. He said he would feel better knowing the ACC was in favor of the variance.
Ed Moore moved to table the variance request, seconded by Skip Reynolds. The vote being:
Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Skip Reynolds
Noes: None
3. Case A-04-007 - Request by Gary Jenkins for a variance to allow an addition to the house to
encroach the side building line on property located at 1212 Tinker Road
Clayton Husband presented this case to the Board and showed photos of the site and the
proposed bathroom expansion.
Butch Bercher asked if the expansion of the building extended any further into the side yard
than the existing house. Clayton Husband stated that it would not.
Chairman McNosky asked the applicant to come forward to answer questions.
Gary Jenkins came forward to speak. He stated he needs the bathroom expansion to add a
shower, since the existing bathroom did not have one.
Zoning Board of Adjustment
Minutes - August 10, 2004
Page 3 of 7
Larry Henry asked about the roof line.
Gary Jenkins stated the left side of the roof would be extended and center the gable so that
the whole think would match.
Eddie Edwards came forward to state that the roof line of the patio would also be extended as
a part of the bathroom construction.
Butch Bercher asked if it was the same roof line as the bathroom extension.
Chairman McNosky asked if there was anyone else wanting to speak regarding this variance
request. There being none, the public hearing was closed.
Skip Reynolds made the motion to approve the variance, including the extension of the patio
roof line. Butch Bercher seconded the motion.
Larry Henry asked for clarification on the roof line extension. Eddie Edwards stated that it
would not go beyond twenty-five feet due to the location of the pool.
The vote being:
Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Skip Reynolds
Noes: None
4. Case A-04-008 - Request by Jeannie Lohse to permit the reconstruction of a non-conforming
accessory building that was destroyed by fire on Lot 2, Block 1, Patricia Addition, located at
4900 Patterson Lane
Barry LeBaron presented this case to the Board and showed photos of the site and the
location of the proposed re-construction of the accessory building. Mr. LeBaron stated the
previous accessory building was destroyed by a fire. The previous accessory building
exceeded the size limits under the current regulations and requires the approval of the Board
before a building permit can be issued to replace the structure, since the proposed
replacement also exceeds the current size limit for an accessory building.
Butch Bercher stated that the proposed building replacement appeared to be larger than the
building that had burned down. Barry LeBaron stated the applicant wanted to replace the
1,440 square feet of building that previously existed. Larry Henry stated that he felt that
reconstruction meant rebuilding the accessory building in the same place. Barry LeBaron
stated that the applicant had only brought in the drawings of the building and its precise
location on the morning of the meeting. Mr. LeBaron stated that one letter of opposition had
been received.
Chairman McNosky opened the public hearing and asked the applicant to come forward to
speak.
Zoning Board of Adjustment
Minutes - August 10, 2004
Page 4 of 7
Jennie Lohse came forward and stated that the building does appear to be a little larger
because it includes an eight foot porch.
Chairman McNosky asked about the different location for the proposed building replacement.
Ms. Lohse stated the building location has been moved from its original location to allow more
yard space for the kids to play and to hopefully put in a pool in a year or two.
Chairman McNosky asked if there was anyone else to speak.
Art Lohse spoke that the building location was moved to help maximize the use of their
property. He stated that the new building did not have a carport.
Chairman McNosky closed the public hearing.
Chairman McNosky asked if the building extended over any set back lines. Barry LeBaron
stated that accessory buildings can be up to five feet from a side or rear property line.
Chairman McNosky asked if they would have to go to the City Council to start from the
beginning.
Barry LeBaron stated that had there not been a non-conforming structure replacement
question and the applicant wanted to exceed the maximum accessory building limitations of
the Land Development Code, the applicant would have to seek approval of a Special Use
Permit from the City Council. Mr. LeBaron explained the rationale for the Special Use Permit
procedures for large accessory buildings.
Ed Moore asked if the accessory building was already under construction.
Art Lohse stated that there neighbor was also constructing a new accessory building.
Butch Bercher stated that he would be more comfortable approving the request, but not to
exceed the size that previously existed.
Larry Henry agreed, but felt that the building should only be re-constructed at the previously
location and questioned the re-Iocation of the building. Chairman McNosky questioned the
Board's authority to approve the re-construction of a non-conforming structure at a different
location than the original location.
Butch Bercher made a motion to approve the variance, subject to limiting the building to the
same square footage as the previous building at the new location, provided it didn't encroach
into any side or rear yard set back requirements. Ed Moore seconded the motion.
Zoning Board of Adjustment
Minutes - August 10, 2004
Page 5 of 7
The vote being:
Ayes: Butch Bercher, Dee McNosky, Ed Moore,
Noes: Larry Henry,
Abstained: Skip Reynolds
Chairman McNosky stated that the motion fails due to not having the required four affirmative
votes.
Butch Bercher stated that he didn't' think that the decision was fair and made a second motion
to approve the variance at the same square footage, but require the re-construction at the
location of the old building. The motion was seconded by Ed Moore.
The vote being:
Ayes: Butch Bercher, Dee McNosky, Ed Moore, Larry Henry
Noes: None
Abstained: Skip Reynolds
Chairman McNosky advised the applicant that if the new location was the preferred site, then
the applicant should seek a Special Use Permit from the City Council.
Art Lohse stated that the concrete for the old structure had already been removed.
Skip Reynolds asked Mr. Lohse if he could visit with the neighbor objecting to the accessory
building and try to resolve their differences, and suggested that a motion to table should be
made. Larry Henry called for a point of order, since a decision had already been made.
Chairman McNosky stated that if we could solve the citizen's problem, then that's what the
Board should do. Larry Henry stated that the Board should consider rescinding the previous
vote. Skip Reynolds asked the applicant if tabling the request was agreeable. Mr. Lohse
stated he was in agreement.
Ed Moore made a motion to rescind the previous vote. Butch Bercher seconded the motion.
The vote being:
Ayes: Butch Bercher, Dee McNosky, Ed Moore, Skip Reynolds
Noes: Larry Henry
Butch Bercher made a motion to table the variance request. Skip Reynolds seconded the
motion.
The vote being:
Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore
Noes: None
Zoning Board of Adjustment
Minutes - August 10, 2004
Page 6 of 7
Adiournment
There being no further business, the meeting adjourned at approximately 8:15 p.m.
rYtt>L
Barry LeBaron, Community Development Manager
Approved on: September 14, 2004
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 - August 10, 2004
Page 7 of 7