HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-08/9/2016
City of Colleyville
Zoning Board of
Adjustment
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, August 9, 2016 City Council Chambers
CALL TO ORDER
The Zoning Board of Adjustment meeting of the City of Colleyville was called to order
by the Board member McNosky on August 9, 2016 at 7:00 p.m.
Roll Call
Present: Board members Jason Elms, Raymond Allee, Wayne Maynard, Dee
McNosky, Dee Kamerman (Alternate 1), and Richard Vallario (Alternate 2)
Absent: Judson Orlando
Staff Present: Shane Pace, Ben Bryner, and Araceli Botello
1. APPROVAL OF MINUTES
Board member Maynard made a motion to approve the July 13, 2016
minutes. Board member Kamerman seconded.
The motion to approve the July 13, 2016 minutes carried by the
following vote:
Aye: 5 – Kamerman, Elms, Allee, Maynard, and McNosky
2. PUBLIC HEARING AGENDA ITEMS
2a Request for a variance to certain provisions of Section 3.24.G (Schedule
of District Regulations) of the Land Development Code on Lot 1R,
Block 1, of the O. Martin Subdivision, located at 5601 Montclair Drive,
Case VC16-006
Shane pace presented the case and briefed the Board.
The public hearing was opened at 7:05 p.m.
City of Colleyville Page 1
Zoning Board of Adjustment Agenda August 9, 2016
The applicants, Thomas and Polly McCurry, 5110 Old Oak Lane, came
forward and briefed the Board.
The architect, Roger “Skip” Blake, 1202 S. White Chapel Boulevard,
Southlake, came forward and briefed the Board.
Janet Suedmeier, 2301 Mulberry Court, came forward and spoke in
support of this case conditioned on the preservation of the trees on her
property.
The builder, Cary Hy, 3501 Emerald Court came forward and brief the
Board.
Board member Vallario questioned the applicant regarding the size of the
home in square feet. Mr. Blake replied that the foot print of the home is
8,424 square feet, which includes the garage, porch, and porte-cochere.
He added that the actual living foot print is 5,675 on the first level.
Board member Maynard spoke regarding the need to rezone the property
to R-30 to address the noncompliant issues. He went on to question the
applicant regarding the limits of construction for the proposed home and
how it would impact the side yard setbacks. Mr. Blake replied that the
McCurry’s had not intentions of building to the side yard setback, but that
future owners may decide to add an addition to the home should the
McCurry’s decide to sell the property. Mr. Blake went on to add that
granting the variance would provide protection to the neighbors with a 15
foot setback.
Discussion continued regarding the zoning of the property.
Board member McNosky questioned staff regarding the process for the
applicant to request a zoning change. Shane Pace replied that the
process would consist of submitting an application for a rezoning request
followed by a public hearing with the Planning and Zoning Commission
and two public hearings with the City Council. He went on to explain that
the process typically takes 60-90 days with a standard rezoning request
and that he anticipates that this case would take approximately 60 days.
Board member McNosky questioned staff regarding potential road blocks
that the applicant may encounter when applying for a rezoning request.
Staff replied that he could not predict the potential road blocks, but
added that staff is likely to recommended approval of a zoning request
based on the consistency and compatibility with the surrounding zoning.
Discussion continued regarding the process for rezoning the property.
City of Colleyville Page 2
Zoning Board of Adjustment Agenda August 9, 2016
There being no one wishing to speak the public hearing was closed at
7:18 p.m.
Board member Maynard made a motion to deny Case VC16-006
due to failing to demonstrate a hardship as defined by the Land
Development Code. Board member Kamerman seconded.
Board member Elms questioned staff regarding all of the components
that go into the lot coverage on the property. Staff replied that anything
under a roof, or the drip line of the homes. He went on to add that
outdoor patio space that is covered goes into the lot coverage calculation.
Board member McNosky questioned staff regarding the site plan and
whether it meets all other requirements with the exception of the lot
coverage. Mr. Pace replied that based on the documentation provided by
the applicant the plans appear to meet all other requirements for the R-
40 district.
The motion to deny Case VC16-006, carried by the following vote:
Aye: 5 – Kamerman, Allee, Maynard, Elms, 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 3R, Block 7, of the Woodbriar Estates West Addition,
located at 211 West Greenbriar Lane, Case VC16-007
Shane pace presented the case and briefed the Board.
The public hearing was opened at 7:40 p.m.
The applicants, Patrick and Tamera Allen, 211 W. Greenbriar Lane, came
forward and briefed the Board.
Board member McNosky questioned the applicant regarding the previous
fence being replaced by a wrought iron fence.
Mr. Allen replied no, they have an existing wood fence in the backyard, it
fences the backyard from the driveway. He added he wants a drive way
gate like his neighbors, and is proposing to use the existing fence line
and extending it to the corner of the house.
Board member McNosky questioned the applicant regarding staff
informing applicant that the exiting fence was noncompliant. Mr. Allen
replied yes, he was informed that the fence was noncompliant. Board
member McNosky questioned applicant regarding staff requesting
applicant to remove the entire fence. Applicant replied no, he did not
believe staff is requesting the removal of the entire fence.
City of Colleyville Page 3
Zoning Board of Adjustment Agenda August 9, 2016
Staff responded that they could answer any procedural questions.
There being no one wishing to speak the public hearing was closed at
7:48 p.m.
Board member Elms questioned staff regarding the acceptable location
permitted by the Land Development Code where the fence can be built,
and if the location is at the 30 foot building line. Staff replied yes. Staff
added that the existing fence is not required to be removed, but the
fence cannot be extended as it is a non-conforming use without an
approved variance.
Board member Elms questioned staff regarding whether the fence can be
repaired and what percentage would be allowed. Staff replied that yes,
the fence can be repaired, but the code does not prescribe a specific
percentage.
Board member Maynard made a motion to approve Case VC16-
007. Board member Kamerman seconded.
The motion to approved Case VC16-007, carried by the following
vote:
Aye: 5 – Kamerman, Allee, Maynard, Elms, and McNosky.
3.ADJOURNMENT
The meeting adjourned at 7:50 p.m.
Minutes were written and prepared by:
Araceli Botello Planning
Technician
The meeting minutes were approved on September 13, 2016, by a vote of 5-0.
City of Colleyville Page 4