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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-11/9/2004 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - NOVEMBER 9, 2004 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on November 9, 2004 ROLL CALL Present: Rich Munson, Lisa Kenney, Skip Reynolds, Dee McNosky and Ed Moore, Barry LeBaron and Amy Shelley Staff: APPROVAL OF MINUTES Motion by Skip Reynolds to approve the minutes of the October 12, 2004 meeting as presented, seconded by Ed Moore. The vote being: Ayes: Munson, Kenney, Reynolds, Moore and McNosky Nay: None SWEARING IN OF NEWLY APPOINTED MEMBER Amy Shelley presented the Oath of Office to newly appointed member, Ed Moore for Place 5 AGENDA ITEMS 1. Case A-04-012 - PUBLIC HEARING - A revised request by Kim Dellosso for a variance from the regulations of the Colleyville Land Development Code to allow a fence to encroach the street side building line on Lot 18, Block 3, Monticello Addition, located at 7810 Jefferson Circle City staff member Barry LeBaron presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Uton Dellosso, applicant, 7810 Jefferson Circle, is proposing to construct a fence and is requesting a variance to allow the encroachment of the 30 foot building set back line adjacent to Monticello Parkway. Mr. Dellosso stated they have two small children and this proposal would allow the children more space. The current back yard consists mostly of pool area. This fence was approved by the Homeowner's Association by placing the fence 15 feet from the street. Mr. Dellosso would like to place wrought iron fencing with shrubbery around the fencing. Mr. Dellosso presented pictures to the Board of neighbor's driveway stating there would be 6 or 7 feet for visibility for exiting the driveway. Across the street, the driveway is up against neighbor's fence and their visibility is even smaller than what we are proposing. We would be willing to work with our neighbors and could cut the corner so that the visibility would Zoning Board of Adjustment Minutes - November 9, 2004 Page 1 of 5 be even greater. Mr. Dellosso provided other pictures in other neighborhoods that have even smaller visibility than they are proposing. The Homeowners Association said there was not a problem with the request; however the fence needed to be wrought iron with hollies placed around the fence. Mr. Dellosso stated he had reviewed the Land Development Code and this variance request was not an unusual request and did fall within the guidelines of the code. He stated they are requesting an 18 % foot variance from the curb. He also noted the various emails that were provided for the Board that are in favor of the fence. Chairman McNosky asked if there was anyone else wishing to speak regarding this variance request. There being none, the public hearing closed at 7:23 P.M. Ed Moore questioned Mr. Dellosso if the wooden fencing would be extended with wrought iron fencing? Mr. Dellosso stated correct. Skip Reynolds questioned Mr. Dellosso if any of the neighbors had written in complaining about the plan? Skip Reynolds noted the letters or emails that were provided in the packets. What accommodation did you make for the neighbor? Mr. Dellosso responded they had spoken to them and discussed having to put the fence 18 % feet instead of 15 feet because of the tree that is currently there. Mr. Dellosso stated the neighbors wanting the proposed bushes to be placed inside the fencing so that they would see the wrought iron fence as opposed to the bushes. Chairman McNosky questioned for clarity that the side of the driveway with the wooden fencing would then be extended with wrought iron fencing? Mr. Dellosso stated correct. Ed Moore stated the wooden fence would remain; the new fencing would be wrought iron. Mr. Dellosso stated correct. Ed Moore also stated if the bushes would be maintained. Mr. Dellosso stated he would maintain and trim the bushes to keep them neat and clean. He stated they take pride in their yard and they want to maintain the beauty of the community. Chairman McNosky stated the concerns with the neighbors have been addressed and she does not have an issue with this request. Lisa Kenney stated she concurred with Chairman McNosky and made motion to approve Case A-04-012 and Ed Moore seconded. The vote being: Ayes: Moore, McNosky, Kenney Abstain: Reynolds, Nay: Munson Mr. Dellosso questioned why Mr. Munson voted no. Mr. Munson stated he would accept the 15 foot variance, not the 18 % as requested. Mr. Munson appreciated the additional examples however; the examples may have required additional circumstances that went with those particular requests. Mr. Dellosso stated he knew some of those circumstances and Zoning Board of Adjustment Minutes - November 9, 2004 Page 2 of 5 stated such. Mr. Munson stated the 15 foot set back would be enough. Mr. Dellosso stated he would need more than the 15 foot because of the tree that is in the 15 foot zone. Skip Reynolds questioned staff if the homeowner only came out 15 feet, he would not have to come before the Board for a variance. Barry LeBaron replied there is a provision in the Land Development Code that states the side building line takes precedence overthe zoning 15 foot set backs. Skip Reynolds stated looking at the side yard; can the fence be built outside the building line without the variance? Barry LeBaron stated he could not build without the variance. Skip Reynolds stated to the homeowner that we all use the staff for reference and he can better understand the code. Mr. Dellosso questioned Mr. Reynolds why he abstained from the vote? Skip Reynolds responded that abstaining from the vote is a more polite way of saying no to this request. He also stated that this request is not the same as other requests. He stated he respects the other Board members and said the 15 foot variance would be more acceptable. Mr. Dellosso stated he would get with Barry LeBaron to get clarification on the code. Skip Reynolds stated for Mr. Dellosso to come before the Board with a revised request that would spare the tree and would address the other issues. He also stated to get with staff to better understand and help with the placement of the fence. Mr. Dellosso stated he had discussed with Barry about the guidelines and clearly stated from the code and would like a reconsideration for his request. Chairman McNosky stated the Board works with each neighborhood to help with the design of those neighborhoods and in this particular case the neighborhood associations have come forward to state the approval of the fencing. Therefore, the Chair would like the Board to reconsider this request. Skip Reynolds questioned the Chair about how this request is special? It is a rectangular lot. Chairman McNosky stated correct, however the side yard would be the only way to increase the size of the back yard for this homeowner. The vegetation along with the fencing would be very appealing. Ed Moore questioned how the fence would affect the tree in the proposed area? Mr. Dellosso stated it would place the fence on this side of the tree closest to the house. Skip Reynolds questioned Mr. Dellosso for clarity; the tree would not have to be removed? Mr. and Mrs. Dellosso stated no, but it would not be in harmony of the placement of the fence. Skip Reynolds stated but the tree would not have to be removed. Mr. Dellosso stated correct, but that is why we are here. To place the fencing on the 15 foot line from the property line, we would not have to be here asking for a variance. Chairman McNosky stated, with the drawings provided, about the lines where the fencing could be placed without a variance. However, because the homeowners are asking for the 21.5 set back, a variance is needed. Chair stated a 15 foot set back would be better. Skip Reynolds stated that whether or not the builder could have replatted the property or not does not make a difference here, because it was not replatted and will not be. Lisa Kenney stated she would be moved to make a motion to approve this request because Zoning Board of Adjustment Minutes - November 9, 2004 Page 3 of 5 there are other examples that fall within the neighborhood and will not stick out from those neighbors. Rich Munson stated special exceptions do occur and the Board is permitted to work with those exceptions, however there has not been a compromise from the homeowner's request since the last request, actually its only 3.5 feet less. There are no special characteristics about this lot making me want to change or push the fence line. Mr. Dellosso stated he has alternative ways to construct the fencing. Chairman McNosky stated other lots may be zoned the same but are platted differently and therefore would not fall within these restrictions. Chairman McNosky stated that she would entertain another motion for this request as stated. Chairman McNosky also stated, Mr. Dellosso would need to get with staff, Barry upon the placement of the fencing. Mr. Dellosso questioned if Skip Reynolds would change his vote from abstain if a different request were on the table? Skip Reynolds responded to Mr. Dellosso by suggesting tabling this request and having Mr. Dellosso come next month with a different request. Mr. Dellosso questioned if a vote in favor for the 15 foot from the building set back line could be achieved tonight? Chairman McNosky stated the Chair would make a motion for an amended request having the request to state a 15 foot, from the building set back line instead of 21 1'2 foot set back. Lisa Kenney made motion as modified to place fence at the 15 feet from the set back building line and Ed Moore seconded the motion. Rich Munson stated for clarity, the 15 feet from the set back building line is also the same as the 15 feet set back property line. Mr. Dellosso concurred with statement. Skip Reynolds questioned Mr. Dellosso if this is acceptable and desirable to you? He stated telling Mr. Dellosso that he would vote in favor if so requested. Mr. Dellosso stated he would like to move forward with this request because of the winter season approaching. Rich Munson stated to Mr. Dellosso that he will not change his vote from the 15 foot set back. Ed Moore questioned staff if the request could be changed. Barry LeBaron responded that the request could be changed because the first motion did not pass. Skip Reynolds stated the Board has done so in the past. Chairman McNosky took roll for the amended vote stating the 15 foot set back. The vote being: Ayes: Munson, Kenney, Reynolds, McNosky and Moore Nay: None 2. Review and Discuss - Amendment of the rules and procedures for the Zoning Board Adjustment City staff member Barry LeBaron presented the discussion to the Board members with the Zoning Board of Adjustment Minutes - November 9, 2004 Page 4 of 5 changes as follows: 1. Page 1, Section 101 - Delete the last sentence regarding the automatic moving up of the senior alternate upon a Board vacancy. The City Council fills all vacancies occurring on the Board in accordance with the adopted rules of the City Council. 2. Page 1, Section 102 - Change the procedure for designating the Executive Secretary. In the past, this appointment has been made by the members of the Board. 3. Page 2, Section 301 - Delete the word "tape" from the second sentence. Recordings of the Board meetings are made with a digital electronic device instead of a tape recording machine. Skip Reynolds questioned about the language for accepting an application. Barry LeBaron stated what the application must accompany. Skip Reynolds stated that all concerns that were discussed at the work shop have been addressed. Chairman McNosky questioned Board members if a motion can be moved. Skip Reynolds made motion to approve the amendment to the rules and procedures forthe Zoning Board of Adjustment and Ed Moore seconded. The vote being: Ayes: Kenney, Reynolds, Munson, Moore and McNosky Nay: None REPORTS AND COMMENTS Barry LeBaron stated the City Council approved the Master Plan and as soon as those are copied he will have those available to the Board. Ed Moore stated having difficulty opening an email from Clayton Husband. Barry LeBaron stated he would check in to the problem but the contents would be mailed to the Board. ADJOURNMENT Ed Moore made motion to adjourn and Rich Munson seconded. Vote was unanimous. The meeting adjourned at approximately 8:15 P.M. ~ Planning & Zoning Assistant Approved on: December 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 - November 9, 2004 Page 5 of 5