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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-10/8/2002Colleyville Zoning Board of Adjustment Minutes -October 8, 2002 Page 1 of 5 Approved on November 72, 2002 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING -OCTOBERS, 2002 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on October 8, 2002. Roll Call: Present: Rich Munson, Skip Reynolds, Jeff Byerly, Dee McNosky, Larry Henry, Alternate Butch Bercher Absent: Alternate Walt Shepard Staff: Tom Niederauer, Jan Levy Approval of Minutes: September 10, 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 presented Jeff Byerly a service award and thanked him for serving on the Zoning Board of Adjustment. The members wished him well on his appointment to the Planning and Zoning Commission. Recording Secretary Jan Levy swore in the newly appointed members: Rich Munson, Place 1; Skip Reynolds, Place 2; Steve Allen, Place 3; and Pat Davis, Alternate #2. Election of Officers: Rich Munson nominated Dee McNosky for Chairman. There were no other nominations. The nomination of Dee McNosky for Chairman was passed by a unanimous "Aye" voice vote. Larry Henry nominated Rich Munson for Vice Chairman. Skip Reynolds seconded the motion. Rich Munson nominated Larry Henry for Vice Chairman. That nomination died for a lack of a second. There were no other nominations. The nomination of Rich Munson for Vice Chairman 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, Colleyville Zoning Board of Adjustment Minutes -October 8, 2002 Page 2 of 5 Approved on November 72, 2002 Skip Reynolds, Steve Allen, Dee McNosky, and Larry Henry. She informed the audience that the alternate members, Butch Bercher and Pat Davis, could enter into discussion and ask questions about the case, but would not be voting. PUBLIC HEARING - Case A-02-008 - Request of Dr. Jonathan Richard for a variance from the regulations of the Colleyville Land Development Code regarding building setbacks and green belt open space requirements at 5009-5013 Thompson Terrace Tom Niederauer presented the case to the Board and reviewed the staff briefing. He displayed overheads of surrounding zoning, explained the setback requirements, and discussed the Master Plan for the area. Larry Henry asked staff about landscaping and screening requirements for commercial property. Tom Niederauer explained the requirements and said that vegetation could also serve the purpose for screening. Jonathan and Marietta Richard were present to represent the case. He said he is an internal medicine doctor and wants his own office designed for the needs of his patients and he also wants to have a rental space for lease income. He said the variance will allow him to construct a 4,400 s.f. building versus a 3,600 s.f. building. Marietta Richard said she wants to use a space for her practice and they want to make the building attractive to the neighbors. She said they looked at over fifty parcels and decided that this parcel is a safe location for their patients and they will continue the residential look when they design their building. Sarah Brewer, 5012 Oak Timbers, said the current fence is approximately ten years old. She asked about the location of the dumpster and spoke about the wild animals in the area so the location of the dumpster is a concern. She said she would prefer a wall along the property line rather than a fence. She told the Board that photinias have always been pretty, but Neil Sperry discourages their use because of disease. She suggested that holly shrubs be planted because they offer more protection. She expressed concerns by her neighbors who were unable to attend the meeting. There being no one else present wishing to speak, the public hearing was closed. Larry Henry asked the Dr. Richard questions about the reasons for the setback of the parking lot and the future location of air conditioner units. Larry said he was concerned about the noise for the neighbors. The Board asked questions about the location of residents to the south and north and the amount of vegetation in the area. There was discussion about parking spaces and the need for fire trucks and emergency vehicles to access the property. The Board discussed with the Colleyville Zoning Board of Adjustment Minutes -October 8, 2002 Page 3 of 5 Approved on November 72, 2002 applicant the location of handicap parking spaces; ideas for fencing; and the location of air conditioners. The applicant said he would be open to ideas for fencing as long as it was not cost prohibitive. The Board discussed the parking space requirements with staff and the possibility of eliminating two parking spaces and moving the building forward. Skip Reynolds told the applicant that he could get more floor space by constructing a two story building. The applicant said he did not think the neighbors would want a two story building and a two story building would create problems for his clientele who are mostly elderly. The Board discussed with staff the other commercial buildings in the neighborhood and what kinds of constraints were faced when the properties were developed. Staff said that other area businesses were using existing buildings. They discussed the variance that was granted to Tom Miller on the property across the street because it was adjacent to a residential use and their addition was closer to the neighbor than required. Larry Henry said he is concerned about a 15' setback in the rear of the property and he suggested keeping a 20' rear setback with the air conditioning units placed along the sides of the building. Dee McNosky said the air conditioning units would create an echo effect if they required a brick wall. Steve Allen said he was not concerned about allowing a 15' rear setback if the air conditioners were place on the side. He said there is probably a need for more parking than less parking and as long as there is a fence, a 15' rear setback would be acceptable. Skip Reynolds said he is troubled by the Board having to do so much design work for the applicant. He recommended that they let the applicant have more time to refine his request and allow him to come before the Board again. He said he felt they don't have a complete application that indicates where everything will be. Larry Henry said they have worked with applicants before to find alternatives that are acceptable to the neighbors and applicants alike. Skip Reynolds told the audience that if there is a neighbor who is upset by a request, they need to appear in person rather than sending another neighbor to express their concerns. The Board entered into discussion about the merits of the case, handicap parking requirements, the applicants time restraints and the possible hardship if the variance is not granted. Staff said the applicant is over the minimum required parking spaces. Dr. Richard said he is trying to maximize the square footage so he can have more space to lease out and generate income from the space. He said as a doctor he can only make a certain amount of income based on the hours he works and it would be beneficial to generate income from another source where he would not have to be present 24 hours a day. Colleyville Zoning Board of Adjustment Minutes -October 8, 2002 Page 4 of 5 Approved on November 72, 2002 Chairman McNosky called for a motion. Steve Allen said he would like to see the case go for a vote with the 20' rear setback. Chairman McNosky asked him if that was a motion. Steve responded that it is a motion. Skip Reynolds asked if Steve Allen would set aside his motion in order for him to make a motion. Chairman McNosky asked Steve if he would mind setting aside his motion in order for Skip's motion to be heard. Steve said he would not mind. Skip Reynolds moved to grant the variance as requested without restrictions. The motion died for lack of a second. Steve Allen said he believed the applicant has brought a decent case to the Board for their consideration. Steve said there is a question about the setbacks and if the applicant is comfortable with a 20' setback he is also comfortable with that. Steve said if you look at the neighborhood and look at Tom Miller's property across the street, Dr. Richard is offering more parking than other commercial properties in the area. Steve Allen moved to approve the variance request with a 20' rear setback as apposed to a 15' rear setback. Steve said that the fence issue and air conditioning issue are moot points because he believes Dr. Richard is going to take care of that and it doesn't need to be included in the motion. The motion died for a lack of a second. Larry Henry moved that the variance be approved with the following conditions: The rear setback remains at 20'; and The applicant will provide a fence along the rear of the property that is a minimum of 6' tall and landscaped. Chairman McNosky asked Larry Henry to be more specific on the landscaping requirements in order to help staff enforce the requirements. Larry Henry added that an evergreen shrub be planted every four feet and also added that ^ The side setbacks will be 15'. Steve Allen moved to second the motion. The vote being: Ayes: Rich Munson, Steve Allen, Dee McNosky, Larry Henry Noes: None Abstained: Skip Reynolds Colleyville Zoning Board of Adjustment Minutes -October 8, 2002 Page 5 of 5 Approved on November 72, 2002 ADJOURNMENT: The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 8:10 p.m. Respectfully Submitted, Jan Levy, Planning & Zoning Assistant Approved on: November 12, 2002 as submitted.