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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-9/10/2002Colleyville Zoning Board of Adjustment Minutes -September 10, 2002 Page 1 of 2 Approved on October 8, 2002 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING -SEPTEMBER 10, 2002 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on September 10, 2002. Roll Call: Present: Rich Munson, Skip Reynolds, Jeff Byerly, Dee McNosky, Larry Henry, Alternate Walt Shepard, City Council Member & Board Liaison Richard Newton Absent: Alternate Butch Bercher Staff: Tom Niederauer, Jan Levy Approval of Minutes: July 9, 2002 Skip Reynolds moved to approve the minutes. Larry Henry seconded the motion. The motion was passed by a unanimous "Aye" voice vote. 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 five voting members were: Rich Munson, Skip Reynolds, Jeff Byerly, Dee McNosky, and Larry Henry. She informed the audience that the alternate member, Walt Shepard, could enter into discussion and ask questions about the case, but would not be voting. 1. PUBLIC HEARING -Case A-02-007 - Request of Richard A. McDaniel for a variance from the regulations of the Colleyville Land Development Code regarding the existing encroachment of the house and the garage/barn overthe 40' building line at 6916 Pleasant Run Road, Lot 2-A, Adair & Brown Estates Tom Niederauer presented the case to the Board and reviewed the staff briefing. He explained his assumption of how the building permits could have been issued. Skip Reynolds told how his empathized with the applicants because he had a situation when he bought his house that the homes built on the cul-de-sac he lives on were not in compliance with the established set back lines. He said that people acted in good faith and yet there were problems. He gave reasons for the need for a variance in case of the future sale of the property. Tom Niederauer spoke about the Master Plan Thoroughfare Plan that was passed in 2000 and the proposed intersection improvements for John McCain Road and Pleasant Run Road. He displayed an exhibit of the proposed intersection improvements provided by the engineering Colleyville Zoning Board of Adjustment Minutes -September 10, 2002 Page 2 of 2 Approved on October 8, 2002 department and said there will be no need to acquire additional property from the McDaniels for right-of-way in the future. He said the barn is 50-feet from the edge of the pavement and there is no uniform frontage along John McCain road in that area. He said there is heavy screening in the area so there is no potentially negative effect on the neighborhood. Tom said that staff recommended approval of the variance. Mr. Richard McDaniel was present to represent his case to the Board. He said staff did an accurate job in presenting the information. He said the house and barn were two years old when they purchased the property so they did not contribute to the non-compliance. Mr. McDaniel said that none of his neighbors have responded to the 200' notification. Skip Reynolds said that given the amount of acreage, the barn looks like it belongs and you can't tell that there is an encroachment. Rich Munson said the location of the barn would not be a problem in the future and he gave examples of possible future development in the area and how the current encroachments will not have a negative effect on the neighbors. He said the applicant should not be penalized. Skip Reynolds said this is a clear hardship case and given the distance of 50-feet from the edge of the pavement, he moved to approve the variance request. Larry Henry seconded the motion. The vote being: Ayes: Munson, Henry, McNosky, Byerly, Reynolds Noes: None Board Member Comments: Walt Shepard told the members that this would be his last meeting as he has accepted a position with the State of Texas Ethics Committee. ADJOURNMENT: The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 7:20 p.m. Respectfully Submitted, Jan Levy, Planning & Zoning Assistant Approved on: October 8, 2002 as written.