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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-9/8/2015 City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 8, 2015 City Council Chambers Call to Order The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on September 8, 2015 at 7:00 p.m. Roll Call Present: Board members Jason Elms, Mark Collier, Dee Kamerman (Alternate 2), Larry Kainer (Alternate 1), Mike Leathers, and Dee McNosky Absent: Board member Judson Orlando Staff Present: Abra Nusser, Taci Wrisley, and Eddie Wilson 1. APPROVAL OF MINUTES Board member Elms made a motion to approve the minutes as written. Board member Collier seconded. The motion to approve the minutes as written carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 3, Block 2, of the Glenhope Addition, located at 6613 Glenhope Circle North, VC15-007 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:05 p.m. Paul Carrocci and Lardy Carrocci, the property owners of the subject property, came forward and briefed the Board. Board member McNosky questioned the Carrocci’s regarding why the fence is proposed to deviate from where it would normally be allowed. Zoning Board of Adjustment Minutes September 8, 2015 City of Colleyville Page 2 Mr. Carrocci replied that the fence would be a minimum of 10 feet from the sidewalk. Board member McNosky clarified the placement of the proposed fence. Mr. Carrocci stated that his house is within the 30-foot building line. Ms. Nusser questioned the Carrocci’s whether the site plan for consideration accurately portrayed the request. Mr. Carrocci stated that revisions had been submitted but the site plan being considered is not the most recent version. Ms. Nusser stated that the site plan being considered is the only one staff had received. The Carrocci’s stated they did not have a copy of the proposed site plan that was the correct version. Discussion continued regarding potentially continuing the item to allow for additional time for staff to work with the applicant to review what the applicant would like to propose for the fence placement. Mr. Carrocci stated that he anticipates replacing the existing wood retaining wall and replacing it with a stone retaining wall. Discussion continued regarding where the fence placement was being proposed. Board member Kainer questioned the timing of the retaining wall replacement. Mr. Carrocci stated between December and February. Mr. Elms stated concerns regarding unanswered questions regarding what is being proposed and the timing of the retaining wall replacement. Board member McNosky suggested continuing the item until the questions are resolved and staff can review the appropriate documents to send to the Board for consideration with additional information. Mr. Carrocci stated that he would like to install the fence to enjoy his property. Board member McNosky questioned Mr. Carrocci if he would like to provide additional information at the October meeting. Mr. Carrocci stated that continuing the item would be acceptable. Keith Seawright, 6609 Glenhope Circle North, came forward and spoke in opposition. There being no one else wishing to speak, the public hearing was closed at 7:18 p.m. Board member Leathers made a motion to continue the case to an event certain to allow the applicant time to submit more exhibits. Board member Kainer seconded. The motion to continue the case to an event certain to allow the Zoning Board of Adjustment Minutes September 8, 2015 City of Colleyville Page 3 applicant time to submit more exhibits carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 2b Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 7, Block A, of the Westmont Addition, located at 101 Bartram Lane, VC15-008 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:21 p.m. Gary Panno, the property owner, came forward and briefed the Board. Carel Tornes, 6712 Hillier Court, came forward and spoke in support on behalf of the Westmont Homeowners Association. There being no one else wishing to speak, the public hearing was closed at 7:23 p.m. Board member Leathers made a motion to approve Case VC15- 008. Board member Kainer seconded. The motion to approve Case VC15-008 carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 2c Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 31, Block A, of the Somerset Manor Addition, located at 1100 Rhett Drive, VC15-009 Abra Nusser presented the case and briefed the Board The public hearing was opened at 7:25 p.m. Jeff Robinson, on behalf of the builder, came forward and briefed the Board. Board member McNosky questioned Mr. Robinson regarding how many properties within the same subdivision would have the same conflict with the fence requirements. Mr. Robinson replied there are three lots total. Abra Nusser added there is one more lot for a total of four lots. Zoning Board of Adjustment Minutes September 8, 2015 City of Colleyville Page 4 Roger Guthrie, 759 Bandit Trail, came forward and spoke in opposition. Matt and Carolyn Alfano, the future homeowners came forward and spoke in support. Discussion occurred regarding the location of the other properties that would have the same conflict. Dee McNosky stated there have been cases within the city that were similar to this one that were approved due to the lack of privacy for corner lots. Board member Elms questioned staff regarding the average lot width of the subdivision. Abra Nusser stated she did not have that information readily available. Board member Elms stated he believed there was approximately 15 feet additional on each corner lot. Abra Nusser stated the ordinance states some lots are designated at 50 feet and some are 60 feet in width. She further added the setback along the street is 10 feet. Board member Collier stated he knew if the Board approved the case it would set a precedent for the subdivision but he understood the request for a variance. Board member Leathers stated he had not heard a hardship for the variance. Discussion occurred regarding the safety aspect of allowing the variance. There being no one else wishing to speak, the public hearing was closed at 7:44 p.m. Discussion occurred among staff and the Board regarding the proposed placement of the fence. Board member Elms made a motion to approve Case VC15- 009. Board member Kainer seconded. The motion to approve Case VC15-009 carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky Zoning Board of Adjustment Minutes September 8, 2015 City of Colleyville Page 5 2d Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 30, Block A, of the Somerset Manor Addition, located at 1105 Guthrie Drive, VC15-010 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:52 p.m. Jeff Robinson, on behalf of the builder, was present for questions. Roger Guthrie, 759 Bandit Trail, came forward and spoke in opposition. Discussion occurred regarding the height of the fence and the placement of the proposed fence. There being no one else wishing to speak, the public hearing was closed at 7:55 p.m. Board member Collier made a motion to approve Case VC15- 010. Board member Kainer seconded. The motion to approve Case VC15-010 carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 2e Request for a variance to certain provisions of Section 3.26 Fences, Free Standing Walls, and Screening Materials of the Land Development Code on Lot 14, Block B, of the Somerset Manor Addition, located at 7021 Avery Lane, VC15-011 Abra Nusser presented the case and briefed the Board. The public hearing was opened at 7:58 p.m. Jeff Robinson, on behalf of the builder, was present for questions. Roger Guthrie, 759 Bandit Trail, came forward and spoke in opposition. There being no one else wishing to speak, the public hearing was closed at 8:00 p.m. Zoning Board of Adjustment Minutes September 8, 2015 City of Colleyville Page 6 Board member Collier made a motion to approve Case VC15- 011. Board member Kainer seconded. The motion to approve Case VC15-011 carried by the following vote: Aye: 5 – Elms, Collier, Kainer, Leathers, and McNosky 3. ADJOURNMENT The meeting adjourned at 8:00 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on December 8, 2015 by a vote of 4-0.