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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-3/13/2007 City of Colleyville Minutes - Final Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, March 13, 2007 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by staff on March 13, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Rich Munson, Ed Moore and Larry Knox (Alternate 1) and Uton Dellosso (Alternate 2) Absent: Board members Lisa Kenney and Dee McNosky Staff Present: Chris Fuller and Amy Shelley Board member Knox made motion to elect Board member Munson to chair the meeting. Board member Moore seconded. The motion carried by the following vote: Aye: 4 - Knox, Reynolds, Moore, Oellosso Nay: 1 - Munson Absent: 2 - Kenney, McNosky 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the February 13, 2007 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky 5. AGENDA ITEMS 5a Case A-07-003- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lots 3 and 4, Block 1 of the Fairway Addition located at 6609 and 6613 Herbert Road Chris Fuller presented the case and briefed the Board members. City of Colleyvil/e Page 1 Printed on 4/1112007 Zoning Board of Adjustment Minutes - Final March 13, 2007 Chairman Munson opened the public hearing at 7:10 p.m. Jamie Adams, the applicant, came forward to present the case and brief the Board members. Board member Reynolds questioned staff regarding if the property owner has signed the application? Chris Fuller replied yes. Mr. Adams stated for clarity that he is the applicant representing the owner. Chairman Munson questioned Mr. Adams regarding the pictures submitted appear to have the gate in place? Mr. Adams replied those are sample pictures for the type of fencing that the owners wish to install. Mr. Adams presented a letter in favor of the request to the Board members from an adjacent property owner. Chairman Munson questioned Mr. Adams regarding if there are any drawings showing the fence 10 feet off of the road? Mr. Adams replied no. He stated if the fence needs to be back a little further, they will comply. Chairman Munson questioned staff regarding what are the zoning set back requirements for these lots? Chris Fuller replied the front yard setbacks are 30 feet, the sides are 1 0 feet and the rear is 25 feet. Chairman Munson questioned if the zoning on this property is R20? Chris Fuller replied yes. Board member Moore questioned Mr. Adams regarding what are the plans for the adjacent lot? Mr. Adams replied there are not any plans, the lot is for privacy. Chairman Munson questioned Mr. Adams regarding what are the widths and depths of the lots? Mr. Adams referred to Andy Butler of Thomas Cole Custom Homes, the builder, to answer the question. Mr. Butler replied the lot that the home is built on is 6613 Herbert Road and that lot is 160 feet by 240 feet. Mr. Adams stated the adjacent lot is one acre. There being no one wishing to speak, the public hearing was closed at 7:19 p.m. Board member Reynolds questioned staff, for guidance, regarding if the applicant is not the property owner, can the Board move forward? He also stated the presentation was not very well prepared, there are not precise measurements or diagrams. He stated staffs recommendation City of Colleyville Page 2 Printed on 4111/2007 Zoning Board of Adjustment Minutes. Final March 13, 2007 needs to be considered as well. Chris Fuller replied that State law allows the applicant to represent the property owner as long as the property owner consents. He stated, in this case, the property owner has signed the application, therefore giving consent to the applicant. However, if the Board is uncomfortable with that, the applicant or the property owner can be directed with whatever the Board recommends. He stated it is legal to consider the application since the property owner has given consent, however, it is at the discretion of the Board. Chairman Munson concurred with staff and stated the application appears to be in order. He stated he would like to see more information presented for this case. He stated usually there is a hardship which requires a variance request. He stated there is really not a hardship in this case. Board member Dellosso questioned staff how many feet are requested in the variance? Chris Fuller replied 30 feet, if the setback is 30 feet from the property line as requested to build on the property line. He stated the other portion is that the Land Development Code restricts the height of perimeter fencing to 30 inches, if it is on the property line and because this is not a perimeter fence of the entire neighborhood, only a perimeter of these two lots. He stated the variance is really for the height of the fence not the location of the fence. Board member Dellosso stated this is going to be a nice home, 6,000 square feet and the perimeter fencing would be an added feature. Mr. Adams replied correct, 6,000 square feet. He stated there are other types of fencing in the neighborhood as well as other parts of Colleyville. Chairman Munson stated most of the perimeter fencing in other parts of Colleyville is around one lot subdivisions. Board member Dellosso stated there is technically not a hardship in this case. Board member Reynolds stated if the Board has no authority to do something, the rules can not be re-written. Board member Dellosso questioned staff if there is applicant can do? Mr. Adams replied he understood could join the two properties together as one lot and subdivision and put a perimeter fence around it then. staff would meet with the applicant and discuss alternatives. anything else the from staff that he create the one lot Chris Fuller stated Board member Dellosso concurred with staff and stated to Mr. Adams that there is technically no hardship for this variance request. City of Co/leyvi/le Page 3 Printed on 4/11/2007 Zoning Board of Adjustment Minutes - Final March 13, 2007 Mr. Adams questioned what would be considered a hardship? Chairman Munson replied mature trees that may have been threatened. He stated there is not a site plan or a layout and dimension plan, photos of the property or a summary of existing vegetation on the property which may help support the case. The Board only has the applicant asking for this fence. Board member Reynolds stated there are not any topographies presented either. Chairman Munson also stated public safety is an issue. He stated there has not been enough information presented tonight for the Board to make a decision at this time. Mr. Butler came forward and presented a picture of the property. Board member Moore stated it is not the responsibility of the Board to define hardship. He stated it is the responsibility of the applicant to present a hardship. Board member Reynolds stated if the hardship is for security, while that is significant, however, security has not been presented as a hardship in the past. Chairman Munson stated the application can be withdrawn or it can be requested that the Board table the case. Mr. Adams requested that the Board table the request so that he could meet with staff. Board member Reynolds moved to table case A-07-003. Board member Moore seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky 6. TABLED ITEMS 6a Case A-07-001- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding rear setback requirements on Lot 4, Block 1 of the Rosewood Villas Addition located at 6508 Bordeaux Park Board member Moore moved to remove case A-07-001 from the tabled items. Board member Reynolds seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Dellosso Absent: 2 - Kenney, McNosky Chris Fuller presented the case and briefed the Board members and stated the applicant is not present for the meeting. City of Colleyville Page 4 Printed on 4111/2007 Zoning Board of Adjustment Minutes. Final March 13, 2007 Board member Reynolds moved to table case A-07-001. Board member Dellosso seconded. The motion carried by the following vote: Aye: 5 - Knox, Reynolds, Munson, Moore, Oellosso Absent: 2 - Kenney, McNosky 7. REPORTS AND COMMENTS None 8. ADJOURNMENT The meeting adjourned at 7:35 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, March 8, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant Meeting minutes approved on April 10, 2007. City of Colleyville Page 5 Printed on 4/11/2007