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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-9/11/2007~f4 , i 100 Main Street City of Colleyville Colleyville, Texas 76034 f '~~~~ ~ ~;_ i (817) 503-1000 '~'°=" MlnuteS ~ Flna~ www.colleyville.com ,.,x Zoning Board of Adjustment Tuesday, September 11, 2007 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman Munson on September 11, 2007 at 7:00 p.m. Present: Board members Lisa Kenney, Ed Moore, Rich Munson and Uton Dellosso (Alternate 2) Absent: Board members Skip Reynolds, Dee McNosky and Kevin Sams (Alternate 1) Staff Present: Ron Ruthven, Amy Shelley and City Attorney Michael Kallas 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the August 14, 2007 meeting minutes as written. Board member Dellosso seconded. The motion carried by the following vote: Aye: 4 -Kenney, Munson, Moore, Dellosso Absent: 3 -Sams, Reynolds, McNosky 5. TABLED AGENDA ITEMS 5a Case A-07-013 - 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 Board member Moore moved to remove this item from the table. Board member Kenney seconded. The motion carried by the following vote: Aye: 4 -Kenney, Munson, Moore, Dellosso Absent: 3 -Sams, Reynolds, McNosky City of Colleyville Page 1 Printed on 10/10/2007 Zoning Board of Adjustment Minutes -Final September 11, 2007 Ron Ruthven presented the update and briefed the Board members. Ron Sturgeon, the applicant, came forward to answer any questions the Board members had and requested that his request be continued until five voting members are present. Board member Dellosso suggested that the neighbors who are in favor of the request submit letters to the City in case they are not able to attend the next meeting. Board member Kenney moved to table case A-07-013 until the next meeting. Board member Moore seconded. Board member Dellosso suggested Mr. Sturgeon to visit with staff regarding the placement of the gate to be 10 feet off of the street. The motion carried by the following vote: Aye: 4 -Kenney, Munson, Moore, Dellosso Absent: 3 -Sams, Reynolds, McNosky 5b Case A-07-017 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height in front setback requirements on Lot 1, Block 1 of the Markwood Addition located at 6214 L.D. Lockett Road Ron Ruthven presented the case and briefed the Board members. Jimmy Labreque, the applicant, came forward to answer any questions the Board had. Board member Munson questioned Mr. Labreque regarding what is the 21 foot dimension on the drawing? Mr. Labreque replied that is the distance between the edge of the road and the proposed fence. Board member Munson questioned Mr. Labreque regarding where is the property line relative to the edge of the road? Ron Ruthven replied the depiction of 21 feet is close to what is shown on the drawing. Board member Dellosso questioned staff regarding how much of a variance is being requested? Mr. Labreque replied the variance request is to build a six foot fence instead of a 30 inch fence. Board member Munson stated the fence appears to be on the property line. Ron Ruthven concurred, the variance is to the actual height of the fence along the front property line beyond the 40 foot front setback. City of Colleyville Page 2 Printed on 10/10/2007 Zoning Board of Adjustment Minutes -Final September 11, 2007 Board member Munson questioned Mr. Labreque regarding is there about 25 feet from the actual property line to where the proposed gate will be constructed? Mr. Labreque replied yes, the driveway is curved so therefore the dimensions reflect the curve. Board member Munson questioned Mr. Labreque regarding what is the purpose of that setback? Mr. Labreque replied the purpose of that setback is to allow for vehicles to have enough room to be out of the traffic between the gate and the road. Mr. Labreque stated his neighbor to the east already has a six foot fence and he wants to line his fence with the neighbor. There being no one wishing to speak, the public hearing was closed at 7:24 p.m. Board member Moore stated the application states the property is zoned R40, however, the property is zoned R30. Ron Ruthven replied the correction had been made. Board member Munson explained to the applicant regarding the absence of the members and the option to come back next month when the could be five voting members. Mr. Labreque replied he would like a favorable vote tonight as this is the second month that his request has been brought forward. Board member Moore questioned City Attorney Kallas regarding if there could be a straw vote? City Attorney Kallas replied no, it would need to be motioned, seconded and then a vote. He stated there is nothing that prohibits each individual member for expressing their support or lack of support for the case. Board member Kenney questioned Mr. Labreque regarding what are the materials to be used for the proposed fence? Mr. Labreque replied on iron fence with brick columns. Board member Moore stated he would support this variance. Board member Kenney moved to approve case A-07-017. Board member Moore seconded. City Attorney Kallas explained to the Board the necessary elements to have a legal variance. He stated there may not be enough evidence presented on this particular case to grant the variance request. He stated the condition for which a variance is sought or causes the need for it, must be something unique to the property. Some examples may be a misshaped lot, and something that is inherent to the property itself, City of Colleyville Page 3 Printed on 10/10/2007 Zoning Board of Adjustment Minutes -Final September 11, 2007 not inherent to structures that have been placed on the property or proposed to be placed. He stated another element that has not been discussed is that the variance can not be something that is shared generally with the neighbors. It seems in this case, the need for the reduced fence is not something inherent with the property or creates the need and if there is something about the property that is also shared with everyone else that is up and down the street. He stated not sure if there is any evidence of those two elements in the record that would support an approval of this variance request. He encouraged the Board to discuss and see if those two elements are present to support the variance request. Board member Dellosso stated the shape of the lot is one of the hardships being considered that creates the unique opportunity for this applicant. He stated Mr. Labreque is working within the intent of the Land Development Code states by keeping the actual gate into the property another 20 feet or so from where the main fence is proposed. He stated Mr. Labreque is showing some flexibility, therefore he stated the Board needs to show some flexibility as well. City Attorney Kallas stated something must be inherent with the property in that inherent condition prevents adherence to the zoning requirement that is being asked for relief. He stated there is nothing about the shape of the property that would prevent the applicant from complying with the current regulations. Board member Kenney questioned City Attorney Kallas if there could be some examples of what would be unique characteristics that would mandate a six foot fence instead of a 30 inch fence. City Attorney Kallas replied unique circumstances, not knowing any at that time that would show that. He stated if there were a depression in the land itself that would require a higher fence something about topographical feature that would necessitate some sort of height increase, however, in this case, it seems to be similar to everyone else along the road. He stated if that were the case, then City Council would have to amend the regulations to allow a six foot fence and to not ask for a variance from the regulations. Board member Munson stated there are a number of trees that would be affected by moving the fence to a different location. He stated he would like to see those trees preserved. He stated putting the fence along the property line would allow those trees to be preserved. Board member Kenney questioned Mr. Labreque if he has any animals that would jump a 30 inch fence but could not jump over a six foot fence? Mr. Labreque stated he has a dog. Board member Moore questioned Mr. Labreque regarding how far from the house is the proposed gate? Mr. Labreque replied about 300 feet. City of Colleyville Page 4 Printed on 10/10/2007 Zoning Board of Adjustment Minutes -Final September 11, 2007 Board member Moore questioned Mr. Labreque if he has any small children? Mr. Labreque replied they have a child due in early November. Mr. Labreque stated the main reason for wanting to build a six foot fence is for safety. He states occasionally there are unwanted people who come to his property and for the safety of his family, he would like the six foot fence instead of a 30 inch fence. Board member Munson stated there is a nature of the other fences being on the property line up and down the street and by moving the fence to the building setback would create a safety issue. Board member Kenney stated being in favor of this request. She stated there other variance requests for fence height and many times the requests are for aesthetic reasons. She suggested that the City Council amend the regulations. Board member Munson stated there is a need to preserve the trees and the safety issues for the applicant. Board member Kenney restated her motion to approve case A-07-017 and stated there is a safety concern for this request. Board member Moore seconded. The motion carried by the following vote: Aye: 4 -Kenney, Munson, Moore, Dellosso Absent: 3 -Sams, Reynolds, McNosky 7. REPORTS AND COMMENTS Board member Dellosso stated there are some valid points and should be brought forward to City Council to amend the regulations. Board member Munson concurred and stated the R30 zoning has restrictions. City Attorney Kailas stated if there is a continued request for variances, the City Council may well indeed take up the issue. He stated the burden is on the applicant to provide the evidence necessary to warrant the Board to grant the request. He stated it is not the Boards responsibility to seek the evidence to grant the variance request. He stated it should be a rare thing for a variance to be granted because the regulations are so strict. He stated the City Council has approved those regulations which are so strict. Board member Dellosso stated he understood however, he thinks at times, what should be done is what is right. City of Colleyville Page 5 Printed on 10/10/2007 Zoning Board of Adjustment Minutes -Final September 11, 2007 Board member Kenney stated the application may not show the applicant that they are to present the evidence. Board member Munson concurred and stated he offers suggestions to the applicants. He stated the applicants that come before the Board are not aware of the procedure. City Attorney Kallas explained the role of Council as well as the role of the Board to make the best case for the Boards decision and he stated he is happy to answer any questions. Board member Moore stated all who pass out the applications need to explain the procedure to the applicants. Board member Kenney stated the information needs to be contained in the application for the applicant to read and understand. She stated the City Attorney can help with the language for the application. 8. ADJOURNMENT The meeting adjourned at 7:48 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 7, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on October 9, 2007. City of Colleyville Page 6 Printed on 10/10/2007