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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