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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-7/9/2002Colleyville Zoning Board of Adjustment Minutes -July 9, 2002 Page 1 of 3 Approved on September 70, 2002 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING -JULY 9, 2002 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on July 9, 2002. Roll Call: Present: Rich Munson, Skip Reynolds, Jeff Byerly, Dee McNosky, Larry Henry, Alternate Butch Bercher, Alternate Walt Shepard Staff: Tom Niederauer, Jan Levy Approval of Minutes: June 11, 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: Jan Levy, Recording Secretary, swore in the following members: Butch Bercher, Alternate 1 Walt Shepard, Alternate 2 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 (out of five) affirmative votes by members of the Board. The four voting members were: Rich Munson, Skip Reynolds, Jeff Byerly, Dee McNosky, and Larry Henry. She informed the audience that the alternate members could enter into discussion and ask questions about the case, but would not be voting. 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. Tom Niederauer presented the case to the Board and reviewed the staff briefing. He distributed a drawing from the Land Development Code with a diagram of required visibility triangles on corner lots. Rob Hardisty, applicant, was present to represent the case. He told the Board about the safety hazards created by cars driving through his property to avoid the intersection of Montclair Drive and also the hazards and noise associated with living next to the thoroughfare. He said that he would construct a brick fence that is aesthetically pleasing along Glade Road and this will help buffer the noise. He said it would be similar to the Beldon Hollow brick wall that will be built across the street from his house. He told the Board that he will build a post and rail fence along Colleyville Zoning Board of Adjustment Minutes -July 9, 2002 Page 2 of 3 Approved on September 70, 2002 Montclair in a similar location to the neighbors fences that are north of his property. He displayed pictures indicating the location of the proposed fences and said the end tree on the corner will be outside the fence. Mr. Robert Hardisty, Rob's father, spoke to the Board and said he was in favor of the variance. He said he is concerned for his grandchildren's safety. He explained how the fence location is also designed to not be too close to the drip line of the trees in order to not injure the root systems. There being no one else present wishing to speak, Chairman McNosky opened the portion of the meeting for questions and comments by the Board members. There was discussion about existing fences along Montclair Drive and the design of the wrought iron fence along Glade Road. Skip Reynolds asked the applicant if the public is using his driveway as a part of the public street. The applicant, Mr. Hardisty, responded that they were. Skip Reynolds spoke about the dangerous condition that presents. There was discussion by the Board if a 30 inch barrier which is allowed by the ordinance would be an adequate barrier. Chairman McNosky said she sees the inconvenience with having two front yard setbacks. She said that the fence height allowed for a fence constructed past the building line is not adequate for safety purposes. She said that the applicant is not proposing to surround his property, but to protect and provide safety for his family. Jeff Byerly said that originally he was not in favor of a six foot brick fence along Glade Road, but since a six foot brick wall will be constructed across the street for Beldon Hollow, he will swing his vote for the request. He said the board is not setting a precedence based on the characteristics of this lot. Walt Shepard said that he is in favor of the request because of the dual access to the property being used as a cut through by the public. He said that he is a tree advocate and the location of the fences is best for the trees. Walt said that the height of the fence is comparable to the fence across the street. Rich Munson said that he has no problems with the wall on Glade Road and he made the comparison to Hall Johnson Road. Skip Reynolds moved to approve the variance request. Jeff Byerly offered a friendly amendment that the applicant maintain the 25' visibility triangle and the gate locations be approved by the City of Colleyville Engineering Department. Skip accepted the friendly amendment. Rich Munson seconded the motion. The vote being: Colleyville Zoning Board of Adjustment Minutes -July 9, 2002 Page 3 of 3 Approved on September 70, 2002 Ayes: Munson, Reynolds, Byerly, McNosky Noes: Henry The motion passed with four affirmative votes. ADJOURNMENT: The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 7:35 p.m. Respectfully Submitted, Jan Levy, Planning & Zoning Assistant Approved on: September 10, 2002 as written. m/min/zba minutes for 7-9--02