HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-10/9/2007-`='~~-~'~ City of Colleyville
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Minutes -Final
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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