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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-09/13/2016 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 13, 2016 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 13, 2016 at 7:00 p.m. Roll Call Present: Board members Dee Kamerman, Raymond Allee, Wayne Maynard, Dee McNosky, Jason Elms, and Richard Vallario Absent: Judson Orlando Staff Present: Shane Pace, Ben Bryner, and Araceli Botello 1. APPROVAL OF MINUTES Board member Elms made a motion to approve the August 9, 2016 minutes. Board member Allee seconded. The motion to approve the August 9, 2016 minutes carried by the following vote: Aye: 5 – Elms, Kamerman, Allee, Maynard, 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 2, Block 2, Turner Addition, located at 1505 Cherry Lane, Case VC16-008 Shane Pace presented the case and briefed the Board. The public hearing was opened at 7:05 p.m. Zoning Board of Adjustment Agenda September 13, 2016 City of Colleyville Page 2 The fence contractor, Chris Gruensfelder, 3858 Candlelite Lane, Fort Worth, came forward and briefed the Board The applicant, Connie Stewart, 1505 Cherry Lane, came forward and briefed the Board. The landscape architect, Steve BB, 3 Durango Drive, Trophy Club, came forward and briefed the Board. Board member Elms questioned the fence contractor regarding his statement that the neighboring lot to the east will also have a fence in the front yard. Mr. Elms asked if the neighboring lot to the east would also require a variance, should the fence variance be approved for 1505 Cherry Lane. The fence contractor replied yes. Board member Elms questioned the fence contractor regarding whether there is currently a fence on the lot to the west of the property. The fence contractor replied that there is a fence across the back, but no fencing parallel to Cherry Lane. Discussion continued regarding the fencing of neighboring properties. Board member Elms questioned the applicant regarding the height of the fence. The fence contractor replied that lowering the height of the fence would compromise the security of the applicant. The applicant added that there will be a lack of continuity in the future fence-line if the variance is not approved. Board member Kamerman questioned the applicant regarding the lot size for the adjacent properties to the east and west, and whether they are 40,000 square feet. The applicant replied that that the lot to the west is greater than 40,000 square feet and the property to the east is less than 40,000 square feet. Board member Kamerman questioned the applicant regarding the properties across the street. Ms. Kamerman asked if the properties currently have fences along the front property line. The applicant replied, no. Discussion continued regarding neighboring properties and the potential need to request a fence variance. Board member Allee questioned the applicant regarding moving the fence closer to the front building line. Board member McNosky added that this location would also require a variance. Zoning Board of Adjustment Agenda September 13, 2016 City of Colleyville Page 3 Board member Elms questioned the applicant regarding the extension of the fence towards the rear property line. The applicant responded that the fence extends all the way to the rear of the property along the side property line, and transitions to a solid wooden fence near the front building line. Board member Maynard questioned staff regarding the side yard setbacks of the property to the west of the applicant’s property. Staff responded that the property to the west of the applicant’s property is a corner lot and these lots are required to have two front yards. He added that if the orientation of the front yard of the home is on Cherry Lane, the side yard would be set back to 15ft along Bluebonnet Street. Discussion continued regarding side yard setbacks. There being no one else wishing to speak, the public hearing was closed at 7:27 p.m. Board member Maynard made a motion to approve Case VC16- 008. Board member McNosky seconded. The motion to approve Case VC16-008 failed by the following vote: Aye: 2 – Maynard and McNosky Nay: 3 – Kamerman, Elms, Allee 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 10A, Block 1, Westcoat Place Addition, located at 6213 Westcoat Drive, Case VC16-011 Shane Pace presented the case and briefed the Board. The public hearing was opened at 7:35 p.m. The applicant, Mark Cameron, 6002 Westcoat Drive, came forward and briefed the Board. Board member McNosky questioned the applicant to clarify the location where the applicant would like the fence to remain. The applicant stated that he would like for the fence to remain where it is currently located. He added that he was not aware that his fence Zoning Board of Adjustment Agenda September 13, 2016 City of Colleyville Page 4 contractor had not received the permit when he began the work. Board member Maynard questioned the applicant about the location of the garage and the fence. Applicant responded that the fence and garage are facing White Street. He added that the fence provides privacy to the side entrance door and on the left side there are large AT&T pedestals. Applicant stated that he had discussed with staff about being allowed to place a wrought iron fence instead of wood fence. Board member Maynard questioned the applicant about the size and material of the gate the applicant is proposing to install. The applicant responded that he plans to install a double retractable gate made out of light weight wrought iron. Board member Kamerman questioned staff regarding whether a wrought iron fence would be permitted in this location on the property. Staff replied yes. Mr. Pace went on to state that a privacy fence is not permitted, which the ordinance defines a fence that is greater than 25 percent opaque. Discussion continued on the types of fences permitted in side yards. Board member Maynard questioned the applicant about the pedestal boxes located in the front yard and the fence built near them. The applicant responded that the fence was built for landscape aesthetic purposes and to shield the view of pedestal boxes. Staff added that this fence would also need to be removed if the variance is not approved. Discussion continued on the type of fencing permitted on the property. There being no one else wishing to speak, the public hearing was closed at 7:47 p.m. Board member Maynard made a motion to deny Case VC16- 011. Board member Allee seconded. The motion to deny Case VC16-011 carried by the following vote: Aye: 2 – Elms, Kamerman, Allee, Maynard, and McNosky Zoning Board of Adjustment Agenda September 13, 2016 City of Colleyville Page 5 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 October 11, 2016, by a vote of 5-0.