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
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Minutes - November 9, 2004
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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
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Minutes - November 9, 2004
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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
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Minutes - November 9, 2004
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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
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Minutes - November 9, 2004
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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
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