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Texas
PLANNING AND ZONING COMMISSION
MEETING MINUTES - July 11, 2005
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Thomas Dolan, Dave
Dudziak, Thomas Bartkowski, Luann Edwards, John
Blassingame and Jeff Byerly were present.
Absent: Commissioners Duffy
Barry LeBaron, Chris Fuller and Amy Shelley from
staff were present.
INVOCATION
The invocation was given by Commissioner Dudziak.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Edwards moved to approve the June 27, 2005 meeting minutes as
written. Commissioner Dudziak seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
PUBLIC HEARING AGENDA ITEMS
1. Case P-05-023 - PUBLIC HEARING - Replat for Jennings Estates Addition
on 3.9 acres, located at 6112 and 6115 Hunter Lane
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Edwards questioned staff in regards to Lot 2R1; it does not appear to
connect to the cul-de-sac? Barry LeBaron responded the lot is showing frontage on
the cul-de-sac; there is an access easement which is what the property owner's
have been able to access their property.
Commissioner Edwards questioned staff if all the lots should be on the cul-de-sac?
Barry LeBaron stated the property being referred is not part of the property
ownership to this particular plat.
Commissioner Byerly opened the public hearing at 7:11 p.m.
There being no one wishing to speak, the public hearing was closed at 7:11 p.m.
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Minutes - July 11, 2005
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Commissioner Edwards questioned staff if this arrangement of not having the lot on
the cul-de-sac would not cause problems in the future? Barry LeBaron replied they
still have an access easement to the cul-de-sac. He stated the cul-de-sac will now
be completed with this plat, in the past, it was not completed.
Commissioner Byerly questioned City Attorney, Matthew Boyle, if the plat can be
approved without the easement on the plat? Attorney Boyle stated the easement is
not required to have to be on this plat.
Commissioner Dudziak made motion to approve case P-05-023. Commissioner
Bartkowski seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
2. Case P-05-026 - PUBLIC HEARING - Replat for C-D Subdivision on 2.0
acres, located at 6513 & 6515 Colleyville Boulevard
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Edwards questioned staff in regards to the applicant owing perimeter
street fees for Colleyville Boulevard? Chris Fuller replied Colleyville Boulevard is a
state highway and improved by the state. Barry LeBaron concurred with Chris Fuller
the City has never collected for the state highway.
Commissioner Byerly opened the public hearing at 7:16 p.m.
There being no one wishing to speak, the public hearing was closed at 7:16 p.m.
Commissioner Dudziak stated wanting to question the applicant in regards to what
uses he will be using in the CN Neighborhood Commercial Zoning. Mr. Davidson
replied medical offices. Barry LeBaron replied the property being zoned ML Light
Manufacturing at one point and Mr. Davidson chose the CN zoning because the
uses would be better for this location. Commissioner Dudziak stated the uses would
be a good use for this area.
Commissioner Blassingame made motion to approve case P-05-026. Commissioner
Dudziak seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
3. Case Z-05-020 - PUBLIC HEARING - Request for a Special Use Permit for
a covered carport on Lot 6, Block 1, Woodbriar Estates West Addition, located at
3609 Cliffwood Drive
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Bartkowski questioned staff in regards if this is an existing carport?
Chris Fuller replied this structure does not exist.
Commissioner Byerly opened the public hearing at 7:31 p.m.
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Minutes - July 11, 2005
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John McDaniel, the applicant, presented his request and briefed the Commissioners.
Commissioner Blassingame questioned Mr. McDaniel if the materials to be used to
construct are adequate for the neighborhood and aesthetically appeasing? Mr.
McDaniel stated wanting to try to match the exterior of his home as much as
possible.
Commissioner Dolan questioned the applicant if the pad, the carport will be
constructed on, was there when the property was purchased? Mr. McDaniel stated
correct.
Mrs. Emma Whittenberg at 3607 Cliffwood Drive, neighbor to Mr. McDaniel, stated
having a strong positive endorsement for the carport stating it will improve the value
of their home.
Phillip Williams at 3612 Cliffwood Drive, neighbor to Mr. McDaniel, stated having a
positive endorsement for the carport.
There being no one wishing to speak, the public hearing was closed at 7:35 p.m.
Commissioner Blassingame stated even though this application is not in compliance
with the regulations, the applicant has made every effort to keep the aesthetics of
the neighborhood.
Commissioner Bartkowski questioned staff in regards to the 10 foot set back, why is
that the standard number? Barry LeBaron stated when the carport regulations were
written and the presentation was made to the city council, a structure that is attached
to the house ought to comply with the regulations for the set back lines as the rest of
the structure would have. Yet a detached structure would generally be closer to the
rear or side property lines, maybe just enough set back so that the property owner
could mow and prevent the grass from growing tall and becoming a code
enforcement issue. Therefore, in order to give some line of demarcation between an
attached and detached structure, one that had the regulations of the main structure
and one that could use the five foot set back lines, we used the 10 foot set back.
Commissioner Bartkowski questioned staff if the one foot set back as requested in
this SUP, could become a fire hazard? Barry LeBaron replied not really, because a
carport is open on all sides, therefore access to the back could be gained through
entering the carport. In an accessory building, the sides are all enclosed making it
difficult to get behind.
Commissioner Edwards stated having reservations with the closeness of the carport,
however, the neighbors do not have an issue.
Commissioner Byerly concurred with Commissioner Edwards and stated the
neighbors are positive about the carport.
Commissioner Bartkowski questioned staff about the six foot drainage and utility
easement in the back of the property as written on the plat. He stated the carport
would encroach upon that easement. Barry LeBaron stated the carport and
placement of the pad would not have that great of an impact on the easement. If
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necessary to gain access to the easement, the carport pad could be cut.
Commissioner Edwards made motion to approve case Z-05-020. Commissioner
Dolan seconded.
The motion was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
4. Case Z-05-021- PUBLIC HEARING - Zoning change from AG to R20 on
.815 acres, located at 2212 Glade Road
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Edwards questioned staff if the applicant is the owner of the property
and if not do we have a letter from the owner for this property? Chris Fuller replied
the applicant is the owner and documentation is in the packet.
Commissioner Bartkowski questioned staff if the R20 zoning is the largest the
property could fit in? Barry LeBaron replied could fit in the R30 zoning. The
applicant picked the R20 zoning because that is what is adjacent in the area.
Commissioner Byerly opened the public hearing at 7:41 p.m.
There being no one wishing to speak, the public hearing was closed at 7:41 p.m.
Commissioner Byerly questioned staff if the applicant is present? The applicant was
not present.
Commissioner Byerly questioned staff if R30 zoning could be approved even though
R20 is what is requested? Attorney Boyle replied the Commission could approve
anything less intense than that which is noted and applied for.
Commissioner Edwards questioned Commissioner Byerly as to why would they want
to approve R30 when R20 is what has been applied for? Commissioner Byerly
replied with the larger agricultural tracts to the side of this property, which is to say
the applicant would not come in later and buy the properties, have them all zoned
R20 and then subdivide for more density. The Master Plan wants to maintain the
rural feel and the R30 gives more flexibility just in case the properties are sold. If the
applicant were here, he would be able to tell us more of what his plans might be.
Commissioner Edwards questioned staff if this property would meet the R30
requirements? Chris Fuller replied this property would conform to the R30
requirements.
Barry LeBaron suggested to the Commission to table this item to be able to hear
from the applicant, unless they are willing to make a motion on the R20 request.
Commissioner Edwards and Commissioner Dudziak concurred with Barry LeBaron
in regards to tabling this item.
Commissioner Edwards made motion to table case Z-05-021 to the July 25, 2005
meeting. Commissioner Bartkowski seconded.
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The motion to table was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
5. Case Z-05-022 - PUBLIC HEARING - Request for a Special Use Permit for
a covered carport on Lot 3, Block 1, Woodbriar Estates West Addition, located at
3701 Cliffwood Drive
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Bartkowski questioned staff in regards to the rescinded letter? Chris
Fuller replied Rolland Moraine sent a letter in opposition to this request and then
rescinded the letter later.
Commissioner Byerly questioned staff if the height on the charts presented for the
carport is correct? Chris Fuller replied staff went with the calculations given by the
applicant.
Commissioner Byerly opened the public hearing at 7:50 p.m.
Jonson Lake, 3701 Cliffwood Drive, the applicant presented the case and briefed the
Commissioners.
Commissioner Blassingame questioned Mr. Lake if he was not aware of the carport
regulations? Mr. Lake replied he went with what the contractor was telling him.
Commissioner Edwards questioned Mr. Lake if his intentions are to park a RV under
the carport? Mr. Lake replied no, I just made the carport large enough for one to fit.
Commissioner Byerly questioned Mr. Lake if that is a RV parked under the carport in
the pictures presented? Mr. Lake replied no, that is a 30-foot enclosed trailer.
Commissioner Byerly asked if the trailer and the boat would fit under the carport.
Mr. Lake replied no.
Commissioner Edwards questioned Mr. Lake where the boat would be parked? Mr.
Lake replied on his parent's property, but the trailer would stay.
Commissioner Byerly questioned Mr. Lake how tall the carport is, 12 foot 9? Mr.
Lake replied 12 foot 9 in the front and 12 foot 6 in the back.
Commissioner Edwards questioned Mr. Lake why the difference in height? Mr. Lake
replied for water drainage.
Commissioner Blassingame questioned Mr. Lake if he polled his neighbors other
than the one right next to you? Mr. Lake replied he polled the neighbor to the east
and south.
Phillip Williams at 3612 Cliffwood Drive spoke in opposition to the carport and has
concerns with the height and appearance of the carport.
Jim Schmulen, 3616 San Bar, spoke in opposition to having a structure that does not
conform to the regulations of the city. Stated having issues with the height and
visibility of the carport from his property, especially during the winter time when the
foliage would not cover the structure.
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Commissioner Dudziak questioned Mr. Schmulen if the aesthetics of the carport
meet the ambiance of the neighborhood. Mr. Schmulen replied no, it does not.
Mrs. Emma Whittenberg at 3607 Cliffwood Drive spoke in favor of the carport for the
interest of harmony in the neighborhood. The applicant is trying to get some of the
items he needs to store off of the street. There is no sense in sweating the small
stuff.
Mr. Lake spoke in regards to the pictures Mr. Schmulen presented the elevations of
our properties are different so just the fence would be something seen from his
property.
Mr. Schmulen stated the fence is higher than 6 or 8 feet.
Mr. Lake stated the fences are the same height.
There being no one wishing to speak, the public hearing was closed at 8:01 p.m.
Commissioner Dudziak stated the style of the carport does not meet the zoning
standards and does not fit the ambiance of the homes.
Commissioner Blassingame concurred with Commissioner Dudziak and though
sometimes the Commission approves items that are not compliant with code, it
appears the applicant has made no attempt to be in compliance or even try to satisfy
the neighbors in any way. He stated by his count, the request is 4 to 1 against this
request.
Commissioner Byerly concurred with Commissioner Dudziak and Commissioner
Blassingame and it does not fit within the character of the neighborhood and the
neighbors do not want it.
Commissioner Dolan stated the applicant may have been the victim, but the size of
the carport is so far out of compliance that he would not be able to support the
request.
Commissioner Dudziak made motion to deny case Z-05-022. Commissioner
Byerly seconded.
The motion to deny was approved by the following vote:
Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame and Byerly
Nay: None
STAFF REPORTS
None
COMMISSIONER COMMENTS
None
ADJOURNMENT
The Commission adjourned the meeting at 8:05 p.m. by acclamation.
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Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: July 25, 2005
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