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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-5/10/2005 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MAY 10, 2005 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. ROLL CALL Present: Rich Munson, Lisa Kenney, Skip Reynolds, Dee McNosky, Ed Moore and Larry Knox Absent: Uton Dellosso Staff: Barry LeBaron, Chris Fuller and Amy Shelley APPROVAL OF MINUTES Ed Moore made motion to approve the February 8,2005 meeting minutes. The motion seconded by Skip Reynolds. Approved by acclamation. AGENDA ITEMS 1. Case A-05-002 - PUBLIC HEARING - A request by Deck Masters for a variance from the regulations of the Colleyville Land Development Code regarding the rear building line setbacks for a deck on Lot 32, Block E, Cascades at Timarron Addition located at 7304 Thames Trail At this time, Lisa Kenney recuses herself from this case because she lives in the Timarron Addition. Staff member, Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Erik Snyder with Deck Masters, the applicant, presented the request and briefed the Board members. Lisa and Tim Conkwright, the homeowner's at7304 Thames Trail, presented the request and briefed the Board members as well. Lawrence Leo, 5030 Harthcrest Drive, Garland, representing Lisa Wagner, 2007 Caspian Lane, stated having issues with not receiving documents presented to the Board members, the deck devaluing the Wagner's property and the deck being so close to the Wagner's home. Mr. Leo stated this variance would set a precedent for the neighborhood and would have a negative effect on the Wagner's property. Mr. Leo stated wanting the applicant to plant evergreen trees to cover the deck if the variance is approved. Erik Snyder, with Deck Masters, stated to the Board members that he and the property owners received approval from the Timarron Home Owner's Association before coming to the City for approval. Lisa Conkwright stated having talked to all the neighbors in regards to the deck. Mrs. Conwright Zoning Board of Adjustment Minutes - May 10, 2005 Page 1 of 4 stated the rules are in place to protect the homeowners and she understands that, however, she would be able to build this building with closed solid walls. The variance is to be able to build the deck without having solid walls. Lisa Wagner, 2007 Caspian Lane, stated having concerns with the size of the deck and being close to her property. Ms. Wagner stated trying to sell her home and stated having issues with the deck devaluing her property. Chairman McNosky asked if there was anyone else wishing to speak regarding this variance request. There being none, the public hearing closed at 7:33 P.M. Rich Munson questioned staff about the openings, doors and windows on the back of the structure? Barry LeBaron stated the Land Development Code establishes the rear building line at 25 feet and if you want to encroach upon this, you would have to get a variance. However, you would be able to encroach upon the rear building line if there are no windows or doors on that side. Chairman McNosky stated the neighbor wants nothing built in that area, being open or closed. However, the applicants would be able to build the deck if they construct solid walls. Ed Moore questioned staff about the utility easement on the plat? Barry LeBaron stated the utility easement stops at this property. Chairman McNosky questioned staff if the intentions of the applicants were to leave the side to the pool open? Barry LeBaron replied not knowing the intentions other than wanting to leave all sides open. Ed Moore questioned staff if the pool is currently there? Barry LeBaron stated correct. Ed Moore stated in the briefing the encroachment states 6 foot and the drawing shows 4 foot. Which is it? Erik Snyder stated it being 4 foot. Chris Fuller stated the 6 foot is using the scale to measure for the briefing. Erik Snyder stated Chris Fuller is correct if he drew it to scale. Rich Munson questioned Mr. Snyder about the type of plant that would be used between the fence and the structure? Mr. Snyder replied red tip fotinias would be used which grow rapidly. Rich Munson questioned Mr. Snyder how the homeowners would be able to get to the other part of the yard once the shrubs were in place? Mr. Snyder stated the homeowners would not be going through that area to get to the other side of their yard. Barry LeBaron stated any of the walls in the 25 foot rear building setback would have to be solid. Mr. Snyder stated wanting to work with the code and provisions to be able to build his clients the deck they desire. Mr. Snyder stated the foundation has already been poured and they just want to be able to build something. Ed Moore questioned Mr. Snyder about the foundation already being poured? Mr. Snyder replied the foundation was poured when the pool was poured to save on the flat work. Barry LeBaron replied there being no restrictions on pouring foundation in the building lines. Ed Moore questioned Mr. Snyder if there is already a covered patio? Mr. Snyder replied it being there when the house was built. Larry Knox questioned Mr. Snyder if the Homeowner's Association approved the closed structure? Zoning Board of Adjustment Minutes - May 10, 2005 Page 2 of 4 Mr. Snyder stated the Homeowner's Association approved the open concept. Tim Conkwright, the property owner, stated to the Board members the trees that exist on the property would be what the neighbors would see. Mr. Lawrence stated the canopy of the trees do not block the view of the proposed deck. Rich Munson stated to the applicants that the encroachment requested is so far away from the Land Development Code regulations, that the request negates the ordinance. Skip Reynolds stated to staff that the application is not in the packet. Chris Fuller stated not knowing the Board wanted the application in the packet. Skip Reynolds stated the Board members would like the application to be placed in the packets for the future. Skip Reynolds made motion to consider case A-05-002. Rich Munson seconded. The vote being: Ayes: None Nay: Knox, McNosky, Moore Abstain: Skip Reynolds Chairman McNosky stated to the applicants to get with the staff to work out something for the structure. REPORTS AND COMMENTS Ed Moore stated numerous inconsistencies with the numbers and packets. He stated on previous cases being any feedback as to what was done once the variance was approved. Rich Munson for clarity stated any inconsistencies for variances approved in the past. Ed Moore stated have the applicants lived with what was approved with the variances. Skip Reynolds stated a request being made and the applicants doing things that were not approved. Ed Moore stated that being his concern. Dee McNosky stated staff possibly looking at doing a report for the Board members. Barry LeBaron stated the staff inspects those properties and if anything is in violation of codes, the city addresses those issues. ADJOURNMENT Larry Knox made motion to adjourn and Ed Moore seconded. Vote was unanimous. The meeting adjourned at approximately 7:55 P.M. Amy Shelley Planning & Zoning Assistant Approved on: June 14, 2005 Zoning Board of Adjustment Minutes - May 10, 2005 Page 3 of 4 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 - May 10, 2005 Page 4 of 4