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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-7/12/2007,,, 100 Main Street C it of Co I l e v i l l e Colleyville, Texas 76034 ~, ~' ~,.~~ , Y Y ~ 4 ~~ ~; (817) 503-1000 "~ Minutes -Final www.colleyville.com ~.,:w' Zoning Board of Adjustment Thursday, July 12, 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 Chairman McNosky on July 12, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Ed Moore, Rich Munson and Dee McNosky Absent: Board members Lisa Kenney and Uton Dellosso (Alternate 2) Staff Present: Chris Fuller, Ron Ruthven, Bill Elliott, Chad Bartee and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the June 12, 2007 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Munson, Moore, McNosky Absent: 2 -Kenney, Dellosso 5. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBER Recording Secretary, Amy Shelley, administered the Oath of Office for the newly appointed member, Kevin Sams, Alternate 1. The new roll was called. Present: Board members Skip Reynolds, Ed Moore, Rich Munson and Dee McNosky and Kevin Sams (Alternate 1) Absent: Board members Lisa Kenney and Uton Dellosso (Alternate 2) Staff Present: Chris Fuller, Ron Ruthven, Bill Elliott, Chad Bartee and Amy Shelley City of Colleyville Page 1 Printed on 8/15/2007 Zoning Board of Adjustment Minutes -Final July 12, 2007 6. AGENDA ITEMS 6a Request for a variance from the regulations of the Colleyville Land Development Code regarding fence requirements on Lot 9, Block 1 of the Stafford Heights Addition located at 4600 Stafford Drive, Case A-07-013 Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:10 p.m. Brent Wall, the applicant, came forward to present the case and brief the Board members. Board member Reynolds questioned Mr. Wall regarding if he had pictures for the property that the variance is being requested? Mr. Wall replied yes and he put them on the overhead for viewing. Board member Reynolds questioned Mr. Wall regarding how old is the fence? Mr. Wall stated the fence is new and constructed with the house. Board member Reynolds questioned how old is the house? Mr. Wall stated not knowing when that permit was pulled. Board member Reynolds who built the house? Mr. Wall replied Dan Thomas Custom Homes. Board member Reynolds questioned Mr. Wall regarding if Dan Thomas Custom Homes has built in this area before? Mr. Wall replied yes, he believed so. Chairman McNosky questioned Mr. Wall if he bought this house? Mr. Wall replied he is not the property owner? Mr. Wall replied no, he is representing Dan Thomas Custom Homes and the property owner. Board member Reynolds questioned Mr. Wall regarding if Dan Thomas is present at the meeting? Mr. Wall replied no. Board member Reynolds questioned Mr. Wall regarding if the property owner is present at the meeting? Mr. Wall replied no. Chairman McNosky questioned staff regarding if staff has approved of Mr. Wall to represent both individuals? Ron Ruthven replied the owner has given Mr. Wall permission to speak on his behalf. He stated the owner approved the application for the variance. Mr. Wall concurred. Chairman McNosky stated staff has made a good conclusion regarding the fee will be doubled for the permit. Ron Ruthven concurred. Chairman McNosky stated this is a good solution, the fence looks very expensive. Board member Reynolds questioned staff regarding who is the owner? City of Colleyville Page 2 Printed on 8/15/2007 Zoning Board of Adjustment Minutes -Final July 12, 2007 He stated he thought Ron Sturgeon had a different address. Chairman McNosky stated he has moved. Board member Reynolds questioned Mr. Wall regarding if Ron Sturgeon has closed on this property or is the title still with the builder? Mr. Wall replied not knowing. Board member Reynolds stated he will not vote in favor of this request not knowing who the property owner is. He stated being in favor of this being tabled. Board member Moore questioned staff regarding who approved the building permits? Ron Ruthven replied the Building Official. Board member Moore questioned staff regarding why was this fence built without permits? Bill Elliott, Building Official, replied that sometimes this will happen and staff did catch this particular fence. Board member Moore replied not liking that answer. Bill Elliott replied sometimes when new homes are being constructed, the construction of the fence will happen at the same time of the permit for the home. Therefore, when staff drives by, they assume there are permits for all construction and will not catch some of the issues until final inspections are done. He stated these large projects can last for months. Once the final inspection was done, staff caught this issue. Board member Moore questioned staff regarding will the fence permit be doubled? Bill Elliott replied correct. Board member Moore questioned who will be pay for this permit? Mr. Wall replied the builder, Dan Thomas Custom Homes. Board member Munson stated the Building Department is very diligent in doing their job. He stated it being incredulous to believe that builders do not the interest in researching what is and is not allowed in Colleyville. Board member Munson stated when security gates have permitted in the past, the Board has been cognoscente of the need for someone to pull off of the public right of way and get completely out of traffic while waiting for the gates to open. He stated this current configuration is not going to permit that to happen and that is a real issue. Board member Munson questioned Mr. Wall regarding if that has been considered and if other alternative solutions are available? Mr. Wall replied he does not know what type of or scope of work has been done in the Colleyville. He stated this is not a heavily traveled road and he stated the homeowner can easily get off of the right of way into that driveway. Board member Munson questioned Mr. Wall regarding what is the distance from the edge of pavement to the gate? Mr. Wall replied about 10 to 15 feet. Board member Munson stated vehicles are generally 18 to 20 feet in length. He stated a portion of the vehicle would be in the traveled roadway while waiting for the gate to open. City of Colleyville Page 3 Printed on 8/15/2007 Zoning Board of Adjustment Minutes -Final July 12, 2007 Mr. Wall stated he would like to have the variance request approved. There being no one wishing to speak, the public hearing was closed at 7:28 p.m. Chairman McNosky stated this is the first time a situation like this has come before the Board were the City has established a remedy. She stated if the variance request is approved, the applicant will be fined. She stated she wanted to discourage this kind of thing since there are regulations in place. Board member Reynolds questioned who created this fine, the City Council or someone else? Bill Elliott replied this not being a new fine, this is in the International Building Code and has been a practice for many years in the building code. Board member Reynolds questioned staff regarding if it has been a practice in this City? Bill Elliott replied yes, the City has been under the International Building Code for two cycles and prior to that the Uniform Building Code which the same practice was followed. Board member Munson questioned if the person on Montclair Drive was fined that built the fence too high? Bill Elliott stated not knowing, however, it is a standard practice, to be used as a penalty for not getting a permit. Chairman McNosky stated if this fine has been in place, it has not been brought to the Board's attention. Board member Reynolds questioned staff regarding what is the cost of this permit? Bill Elliott replied not knowing. Board member Reynolds questioned staff regarding if the fine would be as much as $500? Bill Elliott replied not knowing. Board member Sams replied that is something that would be important for us to know. He stated being uncomfortable with applicants circumventing the process. Bill Elliott concurred. Chairman McNosky suggested the Board looking at this as if it had not been constructed, would this have been approved? Board member Moore stated he would have voted no. Board member Munson stated he does not see any mitigating features on the property that would prompt an approval, such as saving a tree. He stated he would not approve this as presented. Board member Reynolds stated he does not see any mitigating circumstances. He stated there are safety concerns regarding the fence City of Colleyville Page 4 Printed on 8M5/2007 Zoning Board of Adjustment Minutes -Final July 12, 2007 and gate. He stated he would not have approved it as presented. He stated not knowing if the code has been properly adopted. Board member Munson discussed similar instances. Board member Sams stated he would not have approved the variance as presented. He stated the aesthetics of the fence are appealing, however, there are not mitigating factors as to why it could not have been built on the approved fence line. Chairman McNosky stated the Board seems to have the same vote. Chris Fuller stated to the Board members that it has come to staff's attention that the public hearing notification for this item stated 7:30 p.m. for the meeting time which staff was unaware of until now. He stated staff recommends tabling this item so that property owners within 200 feet may be properly notified as well as the newspaper notice and agenda postings. Board member Moore moved to table case A-07-013. Board member Munson seconded. The motion carried by the following vote: Aye: 5 -Sams, Reynolds, Munson, Moore, McNosky Absent: 2 -Kenney, Dellosso Board member Reynolds stated there are rules for a reason. He stated the builders must know that those rules are in place. He stated, to set a president for builders to build and then ask for permission and only have to pay a penalty, is not a good practice for the City. Therefore not respecting the rules in place. 6b Case A-07-014- PUBLIC HEARING -Request for a variance from the regulations of the Colleyville Land Development Code regarding side setback requirements on Lot 8, Block 2 of the Summerbrook Estates Addition located at 2405 Danbury Drive Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:39 p.m. Mary Wyant, 2405 Danbury Drive, the applicant came forward to present the case and brief the Board members. Ron Dunlap, the builder for the project, came forward to present the case and brief the Board members. City of Colleyville Page 5 Printed on 8/15/2007 Zoning Board of Adjustment Minutes -Final July 12, 2007 Board member Reynolds questioned Mrs. Wyant regarding what is the age her mother? Mrs. Wyant replied 73 and she has had multiple surgeries on her back which enables her to go up and down stairs. Board member Reynolds stated being in favor of the request. Board member Moore questioned Mrs. Wyant regarding where will the new addition be built? Mrs. Wyant replied behind the parking area and very little will be visible from the street. Board member Munson stated the builder did a great job trying to situate the new addition on the lot. Board member Munson questioned Mrs. Wyant if there have been any drainage issues on the property? Mrs. Wyant replied they have not had any flooding issues. Board member Munson questioned Mrs. Wyant if she has talked with the neighbor? Mrs. Wyant replied no. Board member Sams questioned Mrs. Wyant regarding if the mother is in an assisted living facility? Mrs. Wyant replied yes, however with six children, they are all going to share in having her mother stay with them and avoid some of the expense with the assisted living facility. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Board member Munson moved to approve case A-07-014. Board member Reynolds seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Munson, Moore, McNosky Nay: 1 -Sams Absent: 2 -Kenney, Dellosso 6c Case A-07-015- PUBLIC HEARING -Request for a variance from the regulations of the Colleyville Land Development Code regarding front and side setback requirements on Lot 1, Block 1 of the F.P. Powell Addition located at 2203 Oak Knoll Court Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:50 p.m. Leonard Segal, the applicant, came forward to present the case and brief the Board members. Chairman McNosky questioned Mr. Segal if the back part of the property is in the floodplain? Mr. Segal replied yes and stated the house was raised in order to be built. Cify of Colleyville Page 6 Printed on 8/15/2007 Zoning Board of Adjustment Minutes -Final July 12, 2007 Board member Reynolds questioned Mr. Segal regarding if the garage additions will be placed on the property as depicted on the aerials? Mr. Segal replied yes. Board member Moore questioned Mr. Segal regarding if the garage will be in the flood plain area? Mr. Segal replied it will not, however there will be dirt brought in to bring it up to the same level as the house and it will be attached to the house. There being no one wishing to speak, the public hearing was closed at 7:52 p.m. Board member Moore moved to approve case A-07-015. Board member Sams seconded. The motion carried by the following vote: Aye: 5 -Sams, Reynolds, Munson, Moore, McNosky Absent: 2 -Kenney, Dellosso 7. REPORTS AND COMMENTS Jim Williams, 4700 Stafford, spoke in regards to case A-07-013. He stated he wishes to speak on this request, however, he will be out of town when the case will be held during the August 14, 2007 meeting. He stated not appreciating the fact that this builder did not get a permit to build this fence. He stated this lot appears to have become a residential estate lot. He questioned if the mail box was permitted to be built on City property? He stated the property has light poles, four, with at least five lights; tree lighting as well as flood lighting. He questioned if lighting is in conformance with the code? He stated being opposed to them doing the work without permits. 8. ADJOURNMENT The meeting adjourned at 7:59 p.m by acclamation. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 6, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on August 14, 2007. City of Colleyville Page 7 Printed on 8/15/2007