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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-11/13/2007.~~'~,__ City of Colleyville ~~ ~~--~~~ Minutes -Final rte: Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, November 13, 2007 1. CALL TO ORDER 7:00 PM City Council Chambers The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on November 13, 2007 at 7:07 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Ed Moore, Rich Munson, Dee McNosky Absent: Board members Skip Reynolds, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) Staff Present: Ron Ruthven and Amy Shelley 3 4. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Board member Moore moved to approve the October 9, 2007 meeting minutes as written. Board member Kenney seconded. The motion carried by the following vote: Aye: 4 -Kenney, Moore, Munson, McNosky Absent: 3 -Reynolds, Sams, Alt. 1, Dellosso, Alt. 2 5. AGENDA ITEMS 5a Case A-07-020 - Request for a variance from the regulations of the Colleyville Land Development Code regarding side setback requirements on Lot 1, Block 1 of the Ford Addition located at 2404 Glade Road Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:10 p.m. Bob Rumvh, Vice President for Renaissance Builders, came forward to present the case and brief the Board members regarding the request. City of Colleyville Page 1 Printed on 12/12/2007 Zoning Board of Adjustment Minutes -Final November 13, 2007 Raymond Voskamp, 2400 Glade Road, spoke in opposition to the variance request. Mr. Rumvh came forward and stated it was not feasible to move the well to the back of the house. He stated if they are not able to use the well, the structure will be taken down. Chairman McNosky questioned Mr. Rumvh regarding what were the negative aspects of moving the well? Mr. Rumvh replied the well could not just be moved, it would have to be re-drilled with all new equipment that would cost about $10,000 plus. Chairman McNosky questioned Mr. Rumvh regarding how deep is the well? Mr. Rumvh replied about 69 to 80 feet. Chairman McNosky questioned Mr. Rumvh if the well is tied to any other plumbing? Mr. Rumvh replied no, it is a stand alone fixture to water the yard. Board member Moore questioned Mr. Rumvh if the well is operable? Mr. Rumvh stated the pump needs to be replaced but it does work. Board member Moore questioned Mr. Rumvh regarding how is the pressure? Mr. Rumvh stated he gets about 19 gallons per minute. Board member Moore questioned Mr. Rumvh why the building was built without having gotten a variance? Mr. Rumvh stated he spoke to one of the inspectors with the City and he stated that since the well was an existing structure, it would be ok to do what was planned. Mr. Rumvh stated there must have been a misunderstanding. Board member Moore questioned Mr. Rumvh regarding how tall is the structure? Mr. Rumvh replied about 16 to 18 feet. Board member Moore questioned Mr. Rumvh if the structure needs to be that tall? Mr. Rumvh replied it being all aesthetics, it does not have to be that tall. He stated the pump and the equipment is only about 4 1/2 feet tall. Board member Moore and Mr. Rumvh discussed the dimensions of the well and pump. Chairman McNosky and Mr. Rumvh discussed the dimensions of the well house and the access to the pump. Board member Kenney questioned Mr. Rumvh what will happen if the variance is not granted? Mr. Rumvh stated he would tear down the structure and take out the well and cap the pump. He stated not wanting to spend $10,000 dollars to move the well. City of Colleyville Page 2 Printed on 12/12/2007 Zoning Board of Adjustment Minutes -Final November 13, 2007 Chairman McNosky questioned Mr. Rumvh if there was a misunderstanding regarding what the inspector said that could be done and what could actually be done? Mr. Rumvh concurred. There being no one wishing to speak, the public hearing was closed at 7:23. p.m. Board member Moore moved to deny case A-07-020. Board member Kenney seconded. The motion to deny carried by the following vote: Aye: 4 -Kenney, Moore, Munson, McNosky Absent: 3 -Reynolds, Sams, Alt 1, Dellosso, Alt. 2 5b Case A-07-021 -Request for a variance from the regulations of the Colleyville Land Development Code regarding landscape buffer requirements on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:26 p.m. Kip Whitman, the applicant, came forward to present the case and brief the Board members. Ian Norfolk, the Engineer for the project, came forward to brief the Board members as well. Rocky Hudson, 7011 Colleyville Boulevard, spoke in opposition to the variance request. Pat Thomas-Aistrup, 2201 Danniell Drive, spoke in opposition to the variance request. Board member Kenney questioned Mr. Whitman regarding what is it that the City would not approve and why? Mr. Whitman replied that when he went before City Council for a blanket special use permit for alcohol use and the 10 foot setback, they were denied and because they were both put together, the 10 foot setback could not be done by itself. Board member Kenney questioned Mr. Whitman regarding if the City would approve both the front and the rear setback? Mr. Whitman replied at that time, he was only asking for the rear. Board member Kenney questioned Mr. Whitman regarding what type of hours will the restaurant have? Mr. Whitman replied not knowing on one of them, but the other will probably have the same hours as Glorias. City of Colleyville Page 3 Printed on 12/12/2007 Zoning Board of Adjustment Minutes -Final November 13, 2007 Board member Kenney questioned Mr. Whitman regarding the front landscape buffer, Mr. Norfolk indicated that it had been approved by TxDot in principal but there is not a written agreement? Mr. Whitman replied it takes a while with TxDot, but he stated they do have their approval. Board member Kenney stated if that is not obtained then the site plan would change dramatically therefore if the request is granted, the permission would have to be obtained. Ron Ruthven replied the Board could not approve with conditions upon obtaining the permission from TxDot and that is not on the property where the variance is being requested or owned by the applicant. Board member Munson questioned staff if Mr. Whitman presented a letter to the Board from TxDot giving them permission to the right of way, the Board could not consider that request? Ron Ruthven replied as far as the consideration, but as far as attaching a condition to the motion, would not be allowed. Board member Munson stated if something were in place but not a condition of the motion. As right now, there is nothing in place? Mr. Norfolk replied they have nothing in writing from TxDot, TxDot states they have the letter in their district office ready to be routed to the appropriate person to be sent. Board member Munson stated he understood, but there is no letter here to see. Mr. Whitman stated if TxDot does not grant permission to use the right of way, then all of this would be for not. Board member Moore stated there are cars parked along SH26 on the drawing, but he stated Mr. Whitman does not want cars parked along SH26. Mr. Whitman explained to Board member Moore regarding the elevations of the development with regards to SH26. Board member Moore and Mr. Whitman discussed the property, property lines and the fire lane exits on the drawing. Board member Munson and Mr. Whitman discussed the elevations of the development and SH26. Board member Munson and Mr. Whitman discussed the fire lane access adjacent to the proposed development and the property to the rear of the proposed development. Board member Munson and Mr. Whitman discussed the number of parking spaces required and the landscaping that is required could be mitigated between the neighbors. Mr. Whitman stated there would only be enough parking for one restaurant if those parking spaces to the rear are eliminated. City of Colleyville Page 4 Printed on 12/12/2007 Zoning Board of Adjustment Minutes -Final November 13, 2007 Chairman McNosky and Mr. Whitman discussed where the neighbors that spoke during the public hearing live in relation to the proposed development. Chairman McNosky stated for the variance to be granted, she stated she would have to have some assurances that the neighbors would be satisfied with whatever the plans were going to be for the buffering that would mitigate their needs. Mr. Whitman stated if he has to move the entire building back to adhere to the landscaping requirements, then the project would be closer to those neighbors homes and that is not what he wants to do. Board member Munson questioned Mr. Whitman regarding what would happen to the restaurant if those back 11 parking spaces were removed? Mr. Whitman stated the other restaurant would not happen. Discussion occured between staff, Board members and Mr. Whitman regarding the zoning that is in place for the property and the proposed development project that is currently under site plan review. There being no one wishing to speak, the public hearing was closed at 8:20 p.m. Discussion occured between the Board members regarding the letter from TxDot for the permission to use the right of way for part of the landscape buffer. Board member Kenney and staff discussed what is being requested in the briefing and what is being requested in the letter received from Mr. Norfolk. Board member Kenney stated the language needs to be more precise regarding what is being requested. Mr. Whitman stated the City would require a 20 foot buffer if there is no variance granted. Ron Ruthven stated the Board could grant whatever they deem necessary for the landscape buffer. Board member Kenney stated it might be a good idea to table this item until some things can be cleared to be more precise and so that maybe all the voting members could be here as well. Board member Munson stated Mr. Whitman needs to mitigate some of the concerns of the neighbors regarding an agreement for buffering. Mr. Whitman agreed with the idea of tabling the item. He stated what was written in the briefing is not what is being requested. Board member Kenney moved to table case A-07-021. Board member City of Colleyville Page 5 Printed on 12/12/2007 Zoning Board of Adjustment Minutes -Final November 13, 2007 Munson seconded. The motion to table carried by the following vote: Aye: 4 -Kenney, Moore, Munson, McNosky Absent: 3 -Reynolds, Sams, Alt. 1, Dellosso, Alt. 2 6. REPORTS AND COMMENTS None 7. ADJOURNMENT The meeting adjourned at 8:31 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on December 11, 2007. City of Colleyville Page 6 Printed on 12/12/2007