Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-10/9/2007-`='~~-~'~ City of Colleyville f~~~ ~~~ }~~ ~ ~~~~ Minutes -Final ,..~;" Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, October 9, 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 October 9, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Ed Moore, Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) Absent: Board member Skip Reynolds Staff Present: Ron Ruthven and Amy Shelley 3. 4. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Board member Moore moved to approve the September 11, 2007 meeting minutes as written. Board member Kenney seconded. The motion carried by the following vote: Aye: 6 -Kenney, Moore, Munson, McNosky, Sams, Alt. 1, Dellosso, Alt 2 Absent: 1 -Reynolds 5. RECOGNITION OF OUTGOING MEMBERS Board member McNosky recognized the outgoing members. 6. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to the newly appointed members. 7. ELECTION OF OFFICERS Board member Munson moved to elect Board member McNosky as Chairman. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt. 1 City of Colleyville Page 1 Printed on 11/14/2007 Zoning Board of Adjustment Minutes -Final October 9, 2007 Absent: 1 -Reynolds Board member Moore moved to elect Board member Munson as Vice Chairman. Board member Kenney seconded. The motion carried by the following vote: Aye: 4 -Kenney, Moore, McNosky, Sams, Alt. 1 Nay: 1 -Munson Absent: 1 -Reynolds Board member McNosky moved to elect Amy Shelley as Recording Secretary. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt. 1 Absent: 1 -Reynolds 8. AGENDA ITEMS 8a Case A-07-018 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height and front setback requirements on Lot 4R1, Block 1 of the Pleasant Oak Estates Addition located at 608 Beverly Drive Ron Ruthven presented the case and briefed the Board. Chairman McNosky opened the public hearing at 7:12 p.m. Tim Edwards, 608 Beverly Drive, the applicant, came forward to present the case and brief the Board. Board member Moore questioned Mr. Edwards regarding if the fence would be set back even with the property to the west? Mr. Edwards replied yes, with the existing fence. Board member Moore stated the fences on the street are only 30 inches in height. He questioned Mr. Edwards regarding why does he want a 48 inch fence? Mr. Edwards stated the fence to the west is a 48 inch fence and additionally across the street, to the end of the street, there is another home with a similar size fence. He stated he would like to have a fence that is consistent with what is in the area with several stone columns. Board member Munson questioned Mr. Edwards if this will be a split rail fence? Mr. Edwards replied he would have a cedar split rail fence. Board member Munson questioned Mr. Edwards regarding where will the gates be placed and how many gates will there be? Mr. Edwards replied City of Colleyville Page 2 Printed on 11/14/2007 Zoning Board of Adjustment Minutes -Final October 9, 2007 there will be two gates approximately 5 feet from the street off of the property line. Board member Munson stated he would be comfortable if the gates were moved back a little more to allow for vehicle clearance off of Beverly. Mr. Edwards stated the gate would be placed 25 feet from the property line. Board member Munson stated this as the street is built today, however, in the future, the street may be widened. Board member Munson stated not being comfortable with granting a variance that does not allow adequate room to pull a vehicle off of Beverly. He stated not having an issue with the fence or the placement of the fence, he stated he has an issue with the placement of the gates being so close to the roadway. Board member McNosky questioned Mr. Edwards if the placement for the gate is an additional five feet from the proposed fence? Mr. Edwards replied correct. He stated as the street is currently constructed the gate is moved enough off of the road for getting vehicles out of the roadway. Board member Munson stated the roadway could be widened in the future and therefore the vehicles would not have enough room to be out of the roadway. Board member Munson stated he would like the gate to be moved 10 feet off of the property line. Mr. Edwards stated moving the gate more would encroach upon the house, since his house sits closer to the road. He stated it would not look as good. Board member McNosky questioned Mr. Edwards if he would need more time to look at the engineering design? Mr. Edwards replied yes, but he does not necessarily agree. Board member Munson stated it is a safety hazard. Mr. Edwards questioned the Board if there are plans for the widening of Beverly? Board member Munson stated that did not matter, it is a matter of street design for the possible widening. Ron Ruthven stated Beverly Drive is on the Master Thoroughfare Plan as a local street. He also stated if the street were to be widened, the current request would still have 19 feet from the gate and the proposed new pavement width. Board member Munson stated the applicant would have enough room with the current proposal and the possible future expansion of Beverly Drive. Board member Kenney stated the applicant needs to show that there are unique circumstances or a particular hardship that is not just to every proeprty on the street but that is unique to your own. She questioned Mr. Edwards regarding since the school has opened have there been any vehicles turning into the driveway, turning around, possibly endangering your children? Mr. Edwards stated he did not notice vehicles turning around in his driveway, however he stated he has seen an increase in traffic since we moved into the home. Board member Munson stated there was a van that pulled into Mr. Edwards driveway and used his driveway as a turnaround. City Attorney City of Colleyville Page 3 Printed on 11/14/2007 Zoning Board of Adjustment Minutes -Final October 9, 2007 Kallas stated the hardship must be particular to the property not the location of the property and not an external third factor effecting the property. He stated typically the idea of a hardship is something wrong with the topography of the property creates a necessity to grant a variance from the regulations passed by the City Council. He directed the Board to have discussion to inquire into that necessary element of any variance. Board member Dellosso questioned City Attorney Kallas if vehicles pulling into Mr. Edwards driveway is a hardship? City Attorney Kallas replied only if there is something wrong with the topography of the property. Board member Dellosso stated there is something wrong with someone using Mr. Edwards driveway as a turn around, safety concern. City Attorney Kallas replied safety concerns are addressed by City Council in the regulations. He stated the jurisdiction of this Board is to grant variances to necessary hardships because the property can not come into strict compliance with the regulations that are passed by the legislative body of this City. He stated that is why it is such a tough standard to meet. He stated that is the legal standard and advised the Board to look into that before granting any variance in this case. Board member Kenney questioned Mr. Edwards if there is anything about his property that is particular or unique topographically engineering wise that would dictate this type of variance? Mr. Edwards stated nothing outside of the circular drive itself. He stated the precedent has been set by this Board regarding what has been approved in the past without regards to topography. City Attorney Kallas concurred and stated the legal standard has not changed and advised the Board to consider as to what is required to grant a variance. Board member Munson stated the Board has always been cogniscent of trees on site. He stated there is a street directly across from Mr. Edwards property. Board member McNosky stated there are fences in that area that were there before the regulations were in place. She stated the proposed fence is consistent with what is already in the neighborhood. Board member Kenney stated it being hard not to look into the third outside factors because when Mr. Edwards moved into the area the new Elementary School down the street, was not in place, therefore the overall traffic has increased and there is a need to protect the children from the traffic. Board member Moore questioned Mr. Edwards if his children will use the driveways to ride their bikes? Mr. Edwards replied yes, nightly. Board member Moore stated there are not any sidewalks in the area for the City of Colleyville Page 4 Printed on 11/14/2007 Zoning Board of Adjustment Minutes -Final October 9, 2007 children to ride their bikes and the street is narrow, therefore, there is a hardship. There being no one wishing to speak, the public hearing was closed at 7:33 p.m. Board member Kenney moved to approve case A-07-018. Board member Moore seconded. The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt 1 Absent: 1 -Reynolds 8b Case A-07-019 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height and front setback requirements on Lot 4R2, Block 1 of the Pleasant Oak Estates Addition located at 612 Beverly Drive Ron Ruthven presented the case and briefed the Board. Chairman McNosky opened the public hearing at 7:34 p.m. David Cleff, 612 Beverly Drive, the applicant came forward to present the case and brief the Board. Board member Munson questioned Mr. Cleff if there are any pictures available of the property? Mr. Cleff stated he did not have any pictures of the property but he did have pictures of the proposed fencing and gate. Board member McNosky questioned Mr. Cleff regarding if the request is the same as the neighbor? Mr. Cleff replied yes, the only difference is that the stone columns will be made of different stone, similar to the home. Board member McNosky questioned Mr. Cleff regarding if the gate will be placed an additional 5 feet back as well? Mr. Cleff replied correct, 5 feet from the property line to be consistent with the neighbor. There being no one wishing to speak, the public hearing was closed at 7:36 p.m. Board member Moore moved to approve case A-07-019. Board member Sams seconded. City of Colleyville Page 5 Printed on 11/1M2007 Zoning Board of Adjustment Minutes -Final October 9, 2007 The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt. Absent: 1 -Reynolds 9. TABLED AGENDA ITEMS 9a 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 case A-07-013 from the tabled items. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt. 1 Absent: 1 -Reynolds Ron Ruthven presented the update and briefed the Board. Chairman McNosky opened the public hearing at 7:38 p.m. Ron Sturgeon, the applicant, came forward to present the case and brief the Board. Eddie Edwards, 709 West Glade, former Building Official for the City of Colleyville, stated at the time that the permit was approved, he had discussed with former Community Development Director, Barry LeBaron, and stated he did not think that a variance was required. Jim Williams, 4700 Stafford Drive, came forward and stated not objecting to the fence. He stated the Board should do what is appropriate and right. There being no one wishing to speak, the public hearing was closed at 8:00 p.m. City Attorney Kallas stated the actions of staff for the City do not bind the City or the City Council. He stated the City Council sets forth the requirements. He stated if staff mistakenly approves something and in this case no fence permit was approved, it does not forgive the property owner's obligation to comply with the rule or requirements of the ordinances. He stated in addition asthetics are not considered a hardship existing on the property to justify a variance. Board member Kenney stated if this was presented to the Board at the time that it would have been requested, the trees on this lot would have City of Colleyville Page 6 Printed on 11/1M2007 Zoning Board of Adjustment Minutes -Final October 9, 2007 been enough to grant the variance. She stated the applianct and builder have done a great effort to save those existing trees. She stated this particular builder made a good faith effort to comply but because of some mistakes, they did not realize that they needed a variance. She stated the applicant would have a substantial hardship now if they were to move the fence. Board member McNosky stated the placement of the gate is more of a safety issue, more than anything else. Board member Munson stated the drawing indicates there is a vehicle off of the road. He stated the vehicles need to be off of the street when pulling into the driveway and waiting for the gate to open. He stated the design criteria of the street, if it were to be widened, would not allow for a vehicle to be off of the street while waiting for the gate. Board member McNosky stated staff also looked at 10 feet for the gate to be moved back. Ron Ruthven stated this an unimproved street that could be widened and from a safety point of view, staff would concur with the Board that if the gate were to be moved back, it would remove some of the concerns with public safety issues. Board member Munson stated the applicant has made an effort to put a quick opening device on the gate to minimize the amount of time to have to wait for it to open, however, the building permit process went wrong. Board member McNosky stated the Board has to decide if the remedy will be with the property owner or if the Board will allow the variance to take care of it. She stated if improvements are made to the street, in the future, and a safety issue were to occur, then the applicant will be in the same position to have to come back. Board member Munson stated once it is approved, that is what will have to be done. Board member Dellosso stated moving the gate two more feet will not help. He stated if the street were to be improved, something can be worked into the variance that the gate would have to be moved. Board member McNosky stated the property could be sold and then it would be another person's issue, an unknown issue. She stated that would have to be a deed restriction issue and the Board has no purvue over that. Board member Moore moved to re-open the public hearing. Board member Munson seconded. Chairman McNosky opened the public hearing at 8:10 p.m. City of Colleyville Page 7 Printed on 11/14/2007 Zoning Board of Adjustment Minutes -Final October 9, 2007 Eddie Edwards came forward and stated a standard parking space is 18 feet. He stated if the street were to be widened, cars could be legally parked along the curb and they would stick out approximately 6 feet, therefore a car pulling into the driveway, waiting on the gate, would only be sticking out about a foot. He stated there would be nothing more hazardous than a legally parked car on the edge of the road. There being no one wishing to speak, the public hearing was closed at 8:11 p.m. Board member Kenney stated there not being any need to move the gate an additional two feet. Board member Kenney moved to approve case A-07-013. Board member Munson seconded. The motion carried by the following vote: Aye: 4 -Kenney, Munson, McNosky, Sams, Alt. 1 Nay: 1 -Moore Absent: 1 -Reynolds 10. REPORTS AND COMMENTS Board member Dellosso stated the code needs to be looked at for the fence height regulations. He stated it has become a standard in Colleyville and it is attractive. He stated Council should look at it for at least those zoning districts of R30 and above. Ron Ruthven suggested that the Board should contact the City Council members and make a suggestion to them to amend the fence regulations. Board member Dellosso questioned staff if the formal request could be given during the meeting? Ron Ruthven stated he would note the request. Board member McNosky stated staff has always been the formal communication between the City Council. She stated the City Council Liason is not present at the meetings and has not been in a while. She requested that fence height regulations be amended. Board member Dellosso concurred and stated the fence regulations in general need to be amended. Ron Ruthven stated staff will get directives from City Council. Board member Kenney suggested that the City Liason should attend the meetings. Board member Moore stated that the minutes should reflect that the City of Colleyville Page 8 Printed on 11/14/2007 Zoning Board of Adjustment Minutes -Final October 9, 2007 Board has requested that City Council should read the minutes. Ron Ruthven stated he understood and would follow through with the request. Board member Munson stated the fence regulations could be adjusted for the larger lot zoning districts. Board member Dellosso concurred. 11. ADJOURNMENT The meeting adjourned at 8:19 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 5, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on November 13, 2007. City of Colleyville Page 9 Printed on 11/14/2007