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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-3/14/2006 ZBA ONING OARD OF DJUSTMENT MM–M14,2006 INUTES OF EETING ARCH REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:21 p.m. ROLL CALL Present: Lisa Kenney, Skip Reynolds, Dee McNosky, Rich Munson and Ed Moore Absent:Larry Knox (Alt. 1.) and Uton Dellosso (Alt. 2) Staff: Chris Fuller, Amy Shelley and Jeff Jones APPROVAL OF MINUTES Skip Reynolds made motion to approve the January 10, 2006 meeting minutes as written. Ed Moore seconded. Approved by acclamation. AGENDA ITEMS 1. Case A-06-001 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot B3, of the Sand Oak Acres Addition located at 4809 E. Jim Mitchell Trail 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. Ronald Dunlap, 7248 Glenview Drive, Richland Hills, the contractor, came forward to speak for the applicant in regards to the variance request. Jim Petric, 2500 Valley Ridge Court, spoke in opposition to the variance request stating this addition would be viewed right out side of our living area. Mr. Dunlap came forward to speak in regards to the questions raised during the public hearing. He stated the view will look the same, just a little closer. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:32 p.m. Lisa Kenney question Mr. Dunlap regarding if this variance is denied, would you know where a stand alone garage would be built? Mr. Dunlap replied not knowing. Lisa Kenney questioned if there would be enough room on the opposite side yard? Mr. Dunlap replied there being enough room on the north side, not on the south side rear yard property. Rich Munson questioned staff regarding the zoning for this property? Chris Fuller replied R20. Rich Munson questioned Mr. Dunlap regarding the size of the building to be constructed? Mr. Dunlap stated 11 feet by 21 feet, about 130 square feet. Rich Munson questioned Mr. Dunlap about placing it on the other side of the home? Mr. Dunlap replied not knowing if the applicant would want to do so. The applicant wants to be able to use the same driveway. Another driveway could be installed; it would be a bigger project for the applicant and he would have to decide. Zoning Board of Adjustment Minutes – March 14, 2006 Page 1 of 5 Ed Moore questioned Mr. Dunlap regarding if the any trees would have to be removed? Mr. Dunlap replied two small trees will have to be removed. Ed Moore made motion to deny case A-06-001. Skip Reynolds seconded. The motion was denied, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None 2. Case A-06-002 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot 14, Block 1 of the Castleton Manor Addition located at 6904 King Charles Court 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. Tony Johann, 6819 Fallbrook Court, came forward to speak in regards of the applicant. Tom Adair, 901 John McCain, spoke in opposition to the variance request and stated the trees are not going to be able to be saved. He stated the applicant wants to build a large house and the only reason he needs the extra 15 feet is because of the size of the house. Joan Quinn, 6817 Pleasant Run, spoke in opposition to the variance request and stated the trees are not going to be able to be saved. Tony Johann came forward to speak in regards to the questions raised during the public hearing and stated the applicant wants to save the trees. The size of the home will not change. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:50 p.m. Skip Reynolds questioned Mr. Johann regarding if he has any financial interest in this project? Mr. Johann replied, yes, he is a partner in this development and own 12 lots as well. Skip Reynolds questioned Mr. Johann if he will reside in this addition? Mr. Johann replied no. Skip Reynolds questioned Mr. Johann if the structure is right against the rear yard building line? Mr. Johann replied correct. Skip Reynolds stated the way it sits on the lot, it would appear the applicant will have to get some sort of variance regarding the rear yard set backs. Mr. Johann replied the applicant would have to condense the design to make it fit. Skip Reynolds questioned Mr. Johann regarding the comments made before about the trees are not going to be able to be saved? Mr. Johann replied the applicant wanting to do everything in his efforts to save the trees for the integrity of the addition. Lisa Kenney questioned Mr. Dunlap if he or the applicant own lot 12? Mr. Johann replied no. Lisa Kenney stated the owner of lot 12 will be impacted, therefore having a structure so close to the home on lot 12. Ed Moore questioned Mr. Johann if there are trees closer to the lake that will be removed? Mr. Dunlap replied not knowing at this time which trees will be removed, some will need to be removed because of their condition. Ed Moore stated this variance is not just to save the trees but also to be able to build this large house. Zoning Board of Adjustment Minutes – March 14, 2006 Page 2 of 5 Rich Munson concurred with Ed Moore and stated the variance request is more to be able to build the house not save the trees. Dee McNosky concurred with Board members Rich Munson and Ed Moore. Ed Moore questioned staff regarding if the city has a tree ordinance? Chris Fuller replied those trees that are outside of the building pad will have to be mitigated on a per caliper inch basis. Skip Reynolds stated the burden of those trees could be with the new homeowner instead of the builder having to mitigate for the trees. Dee McNosky stated the homeowner would have to deal with those trees if they are left. If the trees die, which they probably will, the homeowner will not have to replace those trees if they do not want to do so. Rich Munson questioned staff regarding at what time does the tree mitigation take place? Chris Fuller replied before the certificate of occupancy. The builder is the one responsible for those trees until the certificate of occupancy is changed to the new homeowner. Lisa Kenney made motion to deny case A-06-002. Skip Reynolds seconded. The motion to deny was approved, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None 3. Case A-06-003 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the side yard setback on Lot 7, Block 1 of the Villas Del Mar Addition located at 301 Del Mar Court 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. Gene Faulkner, 301 Del Mar Court, the applicant, came forward to brief the Board members. There being no one wishing to speak, Chairman McNosky closed the public hearing at 8:10 p.m. Mr. Faulkner came forward to speak in regards to the questions raised during the public hearing. Skip Reynolds questioned Mr. Faulkner regarding if the intentions was to build up to the building line and then ask for a variance? Mr. Faulkner stated no, we have always had intentions to build the deck, just did not know what size. Ed Moore questioned Mr. Faulkner regarding if the open space adjacent to his home will remain green space? Mr. Faulkner replied the area is dedicated as open space. Chris Fuller concurred the lot is dedicated as an open space lot in the ordinance. Dee McNosky stated the support letter comes from a neighbor across the open space area in a different development. Skip Reynolds questioned Mr. Faulkner regarding if the deck will go down the west side of the house to possibly block the view from anyone having a picnic in the open space area? Mr. Faulkner replied correct, for privacy and shading from the afternoon sun. Zoning Board of Adjustment Minutes – March 14, 2006 Page 3 of 5 Rich Munson questioned Mr. Faulkner regarding if the deck would be tied to the existing foundation? Mr. Faulkner stated leaving this design to the contractor so that it would not settle. Rich Munson questioned Mr. Faulkner why the need for a variance if the deck will not be attached to the house? Mr. Faulkner replied the building official requested the variance. Chris Fuller replied the building official may interpret the application with regards to whether or not a variance would be needed; therefore, that is why a variance has been requested. Ed Moore made motion to approve case A-06-003. Skip Reynolds seconded. The motion was approved, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None 4. Case A-06-005 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front building line setback on Lots 1 and 2, Block 1 of the Medlin Addition located at 7401, 7401A and 7409 Pleasant Run Road 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. Randy Moncrief, 7304 Pleasant Run Road came forward to speak in regards to the request. There being no one wishing to speak, Chairman McNosky closed the public hearing at 8:20 p.m. Skip Reynolds questioned Mr. Moncrief in regards to a variance being granted in the past? Mr. Moncrief replied that was a variance request for the west side of the street. This variance is for the east side of the road for the use of the pasture for the horses. Skip Reynolds questioned Mr. Moncrief if the new fencing would be at the same set back as the current fence? Mr. Moncrief replied correct. Ed Moore made motion to approve case A-06-005. Skip Reynolds seconded. The motion was approved, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None REPORTS AND COMMENTS None ADJOURNMENT Ed Moore made motion to adjourn and Skip Reynolds seconded. Vote was unanimous and the meeting adjourned at approximately 8:30 p.m. Amy Shelley Planning & Zoning Assistant Approved on: May 9, 2006 Zoning Board of Adjustment Minutes – March 14, 2006 Page 4 of 5 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 – March 14, 2006 Page 5 of 5