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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-11/8/2005 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - NOVEMBER 8, 2005 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. ROLL CALL Present: Lisa Kenney, Skip Reynolds, Dee McNosky, Ed Moore, Larry Knox (Alt. 1.) and Uton Dellosso (Alt. 2) Rich Munson Chris Fuller and Amy Shelley Absent: Staff: APPROVAL OF MINUTES Ed Moore made motion to approve the September 13, 2005 meeting minutes as written. Larry Knox seconded. Approved by acclamation. SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley presented the Oath of Office to the new members being: Dee McNosky, Place 4 L. Ed Moore, Place 5 Larry Knox, Alternate 1 NEW ROLL CALL Present: Lisa Kenney, Skip Reynolds, Dee McNosky, Ed Moore, Larry Knox (Alt. 1) and Uton Dellosso (Alt. 2) Rich Munson Absent: ELECTION OF OFFICERS Chairman - Skip Reynolds made motion to nominate current Chairman Dee McNosky, seconded by Lisa Kenney. The vote being: Ayes: Knox, Kenney, Reynolds, Dellosso Abstain: McNosky, Moore Nays: None Vic Chairman - Lisa Kenney made motion to nominate Skip Reynolds for Vice Chairman, seconded by Uton Dellosso. The vote being: Ayes: Kenney, McNosky, Moore, Dellosso Abstain: Knox, Reynolds Nays: None Recording Secretary - Dee McNosky made motion to nominate staff member Amy Shelley for Recording Secretary, seconded by Ed Moore. Zoning Board of Adjustment Minutes - November 8, 2005 Page 1 of 4 Ayes: Knox, Kenney, Reynolds, McNosky, Moore, Dellosso Nays: None AGENDA ITEMS 1. Case A-OS-010 - Request by Steven J. Way for a variance from the regulations of the Colleyville Land Development Code regarding the front and rear yard building line setback on Lot 30, Block A, Brook Meadows Addition located at 4401 Shadywood Lane Staff member, Chris Fuller presented the case and briefed the Board members. Skip Reynolds questioned staff regarding the red area on the drawing, if that is the only area that would encroach, maybe by five or six feet? Chris fuller replied correct, the applicant is requesting a five foot setback variance. Ed Moore questioned staff if the easement encroachment will be approved by staff? Chris Fuller replied correct. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Steven Way, the applicant and the builder for the homeowner, came forward to present the case and brief the Board members. Lisa Kenney questioned Mr. Way if the variance is approved, would the house be shifted 5 feet forward? Mr. Way replied if we could. Ed Moore questioned Mr. Way in regards to the front building line, is it at the 30 feet or the 25 feet? Mr. Way replied the 30 feet. Brian Holdgate, 4502 Shadywood Lane, spoke in opposition to the variance request having concerns with the drainage easements. Susan Sexton, 4506 Shadywood Lane, spoke in opposition to the variance request having concerns with the encroachment on the front building set back line. Lynn Gentry, 4400 Shadywood Lane, spoke in opposition to the variance request having concerns with the encroachment of the front building se back line. She stated all of the homes that were built, complied with the set back requirements. Mark Adams, 4802 Shadywood Lane, Board member for the Brook Meadows Homeowner's Association, spoke in opposition to the variance request stating the home owner's must have approval from the homeowner's association before building. Howard Wixson, 4801 Green Oaks drive, spoke in opposition to the variance request stating the covenants of the neighborhood are in palace and must be followed. Ron Gentry, 4400 Shadywood Lane, spoke in opposition stating the home owner could go vertical instead of spreading out and the owner should have known about the set back requirements. Mr. Way cam forward to speak in regards to the questions raised during the public hearing. Ed Moore questioned Mr. Way regarding which part of the structure will encroach the front building line? Mr. Way replied the porch. Ed Moore suggested making the porch smaller. Mr. Way stated the porch has been made smaller. Zoning Board of Adjustment Minutes - November 8, 2005 Page 2 of 4 Lisa Kenney questioned Mr. Way regarding the side yard set back, does the structure encroach upon an easement, does it comply with the 10 foot side set back requirement? Mr. Way stated it meets the side yard requirement. Skip Reynolds questioned Mr. Way regarding the homeowner's association not being informed, have they been informed? Mr. Way stated the homeowner is getting him a copy of the homeowner's association documents, however, he has not seen the document. Mr. Way stated he has not talked with the homeowner's association. Skip Reynolds stated the Board does not have any jurisdiction over the covenants and restrictions of the homeowner's association. Uton Dellosso stated the covenants and restricts are important to get information form first regarding this request. Dee McNosky stated Mr. Way or the homeowner should get the information regarding the easement issues resolved as well. Mr. Way stated TXU has made remarks that the easement will not be an issue. Constantine Kotsanis, 4407 Shadywood Lane, questioned why the home could not just be moved back? Dee McNosky replied the flood plain area is not something we have control over whether or not the home can be built. Ron Gentry, 4400 Shadywood Lane, questioned the dotted line on the drawing, is that at the 30 feet? Dee McNosky stated that is the 30 foot building line and the structure currently encroaches over it b 5 feet, which would enable the new structure to be shifted forward 5 feet. Mr. Way stated wanting to get with the homeowner's association regarding the covenants and restrictions. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7: 10 p.m. Ed Moore made motion to table case A-05-010 until the easement issues and homeowner's association issues are addressed. Skip Reynolds seconded with a friendly amendment to table until all parties have time to address the issues and the applicant will not have to pay another application fee. The motion to table was approved, the vote being: Ayes: Moore, McNosky, Reynolds, Kenney, Knox Nay: None REPORTS AND COMMENTS None ADJOURNMENT Skip Reynolds made motion to adjourn and Ed Moore seconded. Vote was unanimous and the meeting adjourned at approximately 7:50 p.m. Amy Shelley Planning & Zoning Assistant Approved on: January 10, 2006 Zoning Board of Adjustment Minutes - November 8, 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 - November 8, 2005 Page 4 of 4 . -,.".~---_.....,~._------------