HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-6/11/2002Colleyville Zoning Board of Adjustment
Minutes -June 11, 2002
Page 1 of 6
Approved on Ju/y 9, 2002
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING -JUNE 11, 2002
REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at
7:10 p.m. on June 11, 2002.
Roll Call: Present: Rich Munson, Jeff Byerly, Larry Henry, Dee McNosky
Staff: Barry LeBaron, Tom Niederauer, Bob Younger
Approval of Minutes: March 12, 2002
Larry Henry moved to approve the minutes. Jeff Byerly seconded the motion. The motion
was passed by a unanimous "Aye" voice vote.
Swearing In: Dee McNosky swore in the following member:
Rich Munson, Place 1
Chairman McNosky explained the procedures of the Zoning Board of Adjustment and outlined the
meeting format for the audience. She explained that approval of a variance requires four (of five)
affirmative votes by members of the Board. Since only four members are present, Chairman
McNosky gave the applicants an opportunity to "opt out" for tonight's hearing and to defer their
case until a full five-member Board could be present at a future meeting. Robert Hardisty, the
applicant on case #A-02-005 stated that he would like to wait until his case is called, and if the fifth
member was not present by then, he would "opt out" at that time.
PUBLIC HEARING -Request of Frank Herein, Jr. for a variance from the regulations of
the Colleyville Land Development Code regarding fencing to allow the construction of a
fence on the property line instead of the 30' front building line at 4115 Jackson Road, Lot 1,
Block 6, Brighton Oaks, Case A-02-003.
Tom Niederauer presented the case to the Board and reviewed the staff briefing and told them
that staff had not received any correspondence in response to the notice of public hearing.
Mrs. Herein was present to represent the case to the Board. She said the variance request
results from a safety issue because they have a three year old and their house is very close to the
street and they want to keep the child away from the street and prevent cars from entering into
their yard. Mr. Herein said the fence will be professionally installed and have an electric gate.
Mrs. Herein said they spoke with the other neighbors and they all agreed and were supportive of
their request for a variance. Mr. Herein indicated other locations in the area that have fences over
the building lines.
Colleyville Zoning Board of Adjustment
Minutes-June 11, 2002
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Approved on Ju/y 9, 2002
Mr. Herein explained where the fence would be located in response to questions by the Board.
He said the fence would be placed behind the roadway, behind the ditch, and behind the trees.
He said the gate would be about 20' off the roadway so that when he pulls in with his truck the
gate will open towards the property. There was discussion about what would happen if Jackson
Road was ever widened.
Bob Younger, Building Inspection Supervisor, told the applicant that if the variance is granted, Mr.
Herpin will need to present a survey verifying the property line. He said the gate will need to be
placed far enough back so that traffic would not be blocked when a vehicle enters the driveway.
Mr. LeBaron restated that a surveyor would have to identify the building line and mark it so that
the fence would not encroach into the public right-of-way. He said the engineering department will
require that there be one full car length allowed prior to the placement of the gate. The applicant,
Mr. Herpin, said they measured twenty feet past the ditch, not from the street asphalt to locate
where they intend to place the gate. He said he would be able to place the gate even farther back
if it was needed.
Chairman McNosky closed the public hearing.
Larry Henry stated that the variance is because of a safety issue, however, if they look at the
adjacent properties, those fence lines run along a similar set back and he would not be opposed
to the variance. He said he had a concern with the measurement from the pavement to the street
and he'd be more comfortable if there were a little more space and they moved the gate back
another five feet so they would not create an additional safety issue. Chairman McNosky said she
is really familiar with the property and because the front door is so close to the street, she would
not want to see the fence moved closer to the home, but she would want to see the gate in a
location that the vehicles could be moved entirely off the roadway before they come to the gate.
The applicant suggested that the Board approve the variance with the stipulation that staff will
determine the proper location of the gate to accommodate the gate being far enough off the
roadway to not be a problem. Mr. LeBaron said the engineering staff would not allow a gate to be
placed too close to the road. The Board further discussed the location of the proposed fence
versus the location of the property line and the relationship of the designated area for the
placement of the gate.
Byerly -Moved approval of the application that the fence be built of the materials and in a
fashion stated in the application, and that the fence be placed behind the trees as shown
on the illustration during the hearing, and that the gate be subject to the Colleyville
Building Code provision regarding setbacks of gates from the property-line and street
edge. Munson seconded.
Chairman McNosky called for the vote. The vote being:
Ayes: Byerly, Munson, Henry, McNosky
Noes: none
Colleyville Zoning Board of Adjustment
Minutes -June 11, 2002
Page 3 of 6
Approved on Ju/y 9, 2002
2. PUBLIC HEARING - Request of Gregory A. Likness for a variance from the regulations of
the Colleyville Land Development Code regarding fencing to allow the construction of a
fence over the 15' side building line at 3716 Briarhaven Lane, Lot 5, Block 5, Woodbriar
Estates, Section Two, Case A-02-004.
Tom Niederauer presented the case to the Board and reviewed the staff briefing. He said this is a
case similar to the request Mr. Likness asked for last November, but with a slight change in the
location. He told the Board that Mr. Likness has worked with his neighbors and others in the
neighborhood to make adjustments to the request that they are able to support. Mr. Niederauer
told the Board that staff distributed copies of nine letters from the neighbors in support of the
variance request.
Mr. Gregory Likness was present to represent the case. He told the Board that there was a safety
concern because the only place the grandchildren can ride their trikes is on the driveway surface
and the driveway slopes quickly into the street. He said there have been changes in the dynamics
of how often the grandchildren will be using the paved area because theywill be living at his home
and this has prompted him to pursue once again a variance. He said the pictures provided show
there is not a visibility problem with the location of the fence and gate. He explained why he is
requesting the location for the gate he is, and explained that with the proposed location, mobility
will not be compromised. He explained the construction materials he planned on using for the
proposed fence. Mr. Likness said there are fences in his neighborhood that are placed closer to
the street than what he is asking for and the approval of the variance request would give him the
best use of his property.
Tom Niederauer said that all of the fence projects the Board is considering tonight would need to
be engineered in the field even after a variance is granted because it is difficult to tell from the
photographs and drawings the exact location of the fences. He said he consulted with the building
official Bob Younger and they are not certain where the fence would be exactly located relative to
the curb line of the street. Tom said the gate will need to be placed off the roadway to allow for
the stacking of cars and Mr. Likness may have to use a horizontal type gate ratherthan a swinging
type gate. Mr. Likness said that whatever would work best is all right with him. The Board entered
into discussion with staff about codes and requirements for gates.
Jeff Montague, 3717 Briarhaven Lane, said they have lived across the street from the Likness'
property for eleven years and they refer to Greenbriar as "the race track" because there are no
stop signs in the area and cars drive at excessive speeds. He said that Mr. Likness' grandchildren
need to be in a safe environment. He said he has no problem with the type offence the applicant
is proposing and he's driven around the neighborhood and many privacy fences are falling down
and need to be replaced and the materials Mr. Likness is using are high quality and won't
deteriorate. He said the proposed fence would be of better quality. He said the safety of the
Colleyville Zoning Board of Adjustment
Minutes -June 11, 2002
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Approved on Ju/y 9, 2002
children is the most important element of the request because Greenbriar is a very dangerous
street.
Mike Permenter, 3717 Rosebriar Lane, said he lives directly behind the Liknesses home and he is
probably most impacted by the fence. He said the applicant's property is unusual because of the
very small, tight area for the driveway and garage. He said the backyard is supposed to be a
place to relax and the applicant wouldn't want to pave the backyard for the grandchildren to ride
trikes. Mr. Permenter said he would like to see the vehicles currently parked in the driveway
behind a fence. He said the lot has full exposure because of being a corner lot and is impacted by
the width of the street and because of the extreme width of the street a gate should not be
required to be placed as far off the street as was considered by the previous case. He said there
is plenty of width for a car to swing out around a car entering into the driveway. Mr. Permenter
said the problem with moving the gate further into the property is that the width of the driveway will
need to expand and the length of the gate will be greatly increased. He said the current fence is
of good quality and is nice and neat and good fences make for good neighbors.
The Board entered into discussion about landscaping for the fence.
Henry -Moved approval of the application that the fence be built with the location and
position of the gate to be determined by the Engineering Department, and that the street
side of the fence be landscaped with shrubs planted no more than four feet (4') apart.
Munson seconded.
Chairman McNosky called for the vote. The vote being:
Ayes: Byerly, Munson, Henry, McNosky
Noes: none
3. PUBLIC HEARING - Request of Robert Hardisty for a variance from the regulations of the
Colleyville Land Development Code regarding fencing to allow the construction of a fence
over the 40' building lines at 5000 Montclair Drive, Lot 5R-2, DP Arrington Limited, Case A-
02-005.
As noted above, Mr. Hardisty requested that his case be heard at a later hearing since the fifth
voting Board member had not yet arrived for the meeting. His request for postponement to the
July meeting was granted.
4. PUBLIC HEARING -Request of ICS (Robert Remsik) for a variance from the regulations
of the Colleyville Land Development Code regarding parking to allow for a reduction in
parking requirements or parking within the landscape setbacks at 817 Glade Road, the
southwest corner of Glade Road & Glade Creek Drive, Lot 8R, Block 2, Village Park
Addition, Case A-02-006.
Colleyville Zoning Board of Adjustment
Minutes -June 11, 2002
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Approved on Ju/y 9, 2002
Tom Niederauer presented the case to the Board and reviewed the staff briefing. He said the
request would not reduce the amount of required landscaped open space, but in fact the business
is providing 27% and the requirement is for 20%.
Robert Remsik, Innovative Construction Services, 2805 Oakridge Drive, Flower Mound, was
present to represent the case. He said the building would be used as a personal training facility
and they've worked very hard to achieve a residential feel with a cozy walk-up appeal. He said
the proposed plan achieves that; however, it has problems that require a variance. Mr. Remsik
said the parking still lines up with the current existing parking that is on both sides, it will not
impede any vision and they will be able to provide more landscaping. He said the owners and the
architect are in attendance at the meeting and available for any questions.
Cindy Gaston, co-owner of the personal training facility, said they wanted to keep the parking they
proposed because it is more in keeping with the size of the building. She said they don't need all
of the parking spaces, but if they ever sold the building, someone else might need them.
Marty Poslick, 4932 Lakewood Drive, had questions about the application and the location of the
parking area. Barry LeBaron explained the purpose of the variance and indicated the location of
the proposed parking spaces in relationship to the proposed building. Chairman McNosky told Mr.
Poslick that he would be facing the landscaping area and building rather than looking at a parking
area. The applicant said the building would be a single story building. Barry LeBaron explained
the history of the parking requirement that was created in 1996 and how it was to encourage the
placement of buildings closer to the street with the parking behind the buildings.
Chairman McNosky said she has attended several meetings throughout the county and many
cities are trying to encourage building footprints and landscaping be moved closer to the street
with parking scattered around the building or behind the building at those meetings. She said this
prevents a massive sea of cement especially in larger shopping centers like the Albertson's
shopping center. She said the citizens are trying to encourage builders to move the buildings
closer to the street with scattered parking to break up that kind of monotony.
Larry Henry said that he agreed with the design of the lot. Chairman McNosky said the resale of
the property is in the best interest of the City as well as the applicant and they should make sure
that the property is set up and can be resold and retooled for another use if necessary. Rich
Munson said he sees the proposed site plan as an improvement to the intersection and he thinks
the plan is a great idea and he's been waiting for attractive commercial for a long time.
gyerly -Moved approval of the application as a variance from Section 3.24.E to permit
parking beyond the building setback area as shown on the site plan of the application.
Henry seconded.
Chairman McNosky called for the vote. The vote being:
Colleyville Zoning Board of Adjustment
Minutes -June 11, 2002
Page 6 of 6
Approved on Ju/y 9, 2002
Ayes: Byerly, Munson, Henry, McNosky
Noes: none
ADJOURNMENT:
The meeting was adjourned by acclamation.
They're being no further business, the meeting adjourned at 8:45 p.m.
Respectfully Submitted,
Jan Levy, Planning & Zoning Assistant
Approved on: July 9, 2002 as written.
m/min/z b a minutes for 6-12-02