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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-12/14/2004 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - DECEMBER 14, 2004 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on November 9,2004 Staff: Rich Munson, Lisa Kenney, Skip Reynolds, Dee McNosky and Ed Moore Barry LeBaron and Amy Shelley ROLL CALL Present: APPROVAL OF MINUTES Motion by Ed Moore to approve the minutes of the November 9, 2004 meeting as presented, seconded by Skip Reynolds. Approved by acclamation. SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley presented the Oath of Office to newly appointed members, Larry Knox, Alternate 1 and Uton Dellosso, Alternate 2 AGENDA ITEMS 1. Case A-04-014 - PUBLIC HEARING - A request by Don Wilson for a variance from the fence regulations of the Colleyville Land Development Code to allow a fence to extend beyond the building line to match existing columns and fencing. 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, however the applicant was not present. Michael Ziegler, 5105 Camelot Drive, came forward to speak. Mr. Ziegler had sent staff an email in opposition on this request. Mr. Ziegler stated after hearing the staff's briefing he is in favor of the proposed request. Chairman McNosky asked if there was anyone else wishing to speak regarding this variance request. There being none, the public hearing closed at 7:15 P.M. Skip Reynolds questioned staff if the applicant is the owner of both 5102 and 5106 Montclair. Skip Reynolds questioned staff about the recommendations. Barry LeBaron responded staff has recommended approval on this request. Skip Reynolds questioned Mr. Ziegler about his feelings if the Board were to pass this variance? Mr. Ziegler responded being in favor of this request. Rich Munson stated not wanting the Board to set precedence with the 10 foot fence since the fence regulations are 8 feet. Zoning Board of Adjustment Minutes - December 14, 2004 Page 1 of 2 Lisa Kenney questioned staff as well as Board members as to why this was approved in the past? Chairman McNosky responded the applicant had already constructed the fence and was not asked to take it down, therefore a variance was permitted. Chairman McNosky stated the builder of the fence stated he did not know about needing to get a variance before he started construction. Ed Moore concurred with Chairman McNosky's response and also stated all the other fences in the neighborhood are 8 feet in height. Lisa Kenney stated having driven the neighborhood and questioned staff if the fencing heights on the street were consistent? Barry LeBaron responded without having measured all the fences he could not answer the question. He stated the columns appear to be the 10 foot and the wrought iron panels appear to be 8 feet. Rich Munson stated because of the wrought iron bars between the brick pillars creates a sense of openness and takes away from the fact the fence is 10 feet tall. He stated language needing to reflect that this height of fencing is not the norm, nor will it always be permitted. Ed Moore questioned what will happen in the future when these properties are sold and those new homeowners want to have the same height? Chairman McNosky stated those cases would have to be decided upon at that time. Rich Munson made motion to approve case A-04-014. Motion died for lack of second. Barry LeBaron suggested to the Board members to table this case until the applicant can be present to respond to questions. Ed Moore made motion to table case A-04-014 and Rich Munson seconded. The vote being: Ayes: Kenney, McNosky, Munson, Moore Abstain: Reynolds, Nay: REPORTS AND COMMENTS Barry LeBaron stated the Master Plans have been distributed in both the hard copy and also CD copy for the Board members. ADJOURNMENT Skip Reynolds made motion to adjourn and Lisa Kenney seconded. Vote was unanimous. The meeting adjourned at approximately 7:30 P.M. Amy Shelley 1St; Planning & Zoning Assistant Approved on: January 11,2005 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 - December 14, 2004 Page 2 of 2