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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