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
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