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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-11/12/2002Colleyville Zoning Board of Adjustment Minutes -November 12, 2002 Page 1 of 5 Approved on January 74, 2003 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING -NOVEMBER 'I 2, 2002 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on November 12, 2002. Roll Call: Present: Absent: Rich Munson, Skip Reynolds, Larry Henry, Pat Davis, Dee McNosky Alternate Butch Bercher Staff: Tom Niederauer, Jan Levy Approval of Minutes: October 8, 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 acknowledged the death of fellow Zoning Board of Adjustment member Steve Allen and informed everyone of his memorial service. 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, Dee McNosky, Larry Henry, and Pat Davis. 1. Case A-02-009 -PUBLIC HEARING - Request by David & Sowbhagyer Bass for a variance form the Colleyville Land Development Code regarding building setbacks requirements at 5410 St. Emilion Court, Lot 17, Block 3, Montclair Parc Tom Niederauer presented the case to the Board and reviewed the staff briefing. Scott Ford, the applicants' builder was present to present the case to the Board. He said that 70% of the proposed porte coche would be over the building line, but no portion of the main dwelling would encroach over the building line. He said by positioning the house and porte coche as they did on the lot, they will be able to save four very large oak trees. Larry Henry asked Mr. Ford if the owners have tried to rearrange the house on the lot in order to not encroach over the building line. Mr. Ford responded that if they tried to redesign the house, they would lose a portion of the garage and reduce the size of the home. He told the Board that the house is the right size of the neighborhood and this is one of the smaller lots within the subdivision. . [Note: The applicant gave this information to the Board, not Pat Davis.] Colleyville Zoning Board of Adjustment Minutes -November 12, 2002 Page 2 of 5 Approved on January 74, 2003 The applicant, David Bass, said if they had to reposition the house on the lot, a very large oak tree will be in the way of the entrance of the garage. The builder Scott Ford said the dwelling would be approximately 7,200 s.f. which would be small for Montclair Parc. He pointed out other lots and told the Board about houses that are 15,000 s.f., 8,500 s.f., and 8,200 s.f. He said the applicant does not want to consider a house without a porte coche. There was discussion by the Board about how the lot is impacted by having two thirty-foot building lines along both streets. There was discussion about if the porte cochre would cause a traffic problem because of loss of visibility on the corner. It was noted that traffic does not move very fast in Montclair Parc because of speed bumps and there would be no visible impediment due to the openness of the porte coche. Skip Reynolds asked how far back the porte coche will be from the pavement. It was determined that it would be far enough north to not create a visual safety problem. Rich Munson asked staff since the streets were abandoned several years ago and became private streets, if the City could enforce the zoning regulations within the subdivision. Staff responded that the City maintained authority to enforce the Land Development Code when the streets became private. Skip Reynolds moved to approve the variance. Pat Davis seconded the motion. The vote being: Ayes: Reynolds, Davis, McNosky Noes: Munson, Henry The Board discussed with the builder the possibility of rotating the south wing of the house in order to limit the encroachment of the porte coche to 10' over the building line rather than the 15' as requested. They said it would enhance the entrance on both sides of the streets. The builder, Scott Ford, said they should be able to do that. Skip Reynolds moved to modify his motion and approve a 10' encroachment over the building line by the porte coche rather than the original 15' that was requested. Pat Davis seconded the motion. The vote being: Ayes: Munson, Reynolds, Davis, McNosky Noes: Henry 2. Case A-02-010 -PUBLIC HEARING - Request by Thistle Homes, Inc. for Mr. & Mrs. Ronald Gentry for a variance form the Colleyville Land Development Code regarding building setbacks requirements at 4400 Shadywood Lane, Lot 31, Block A, Brook Meadows Tom Niederauer presented the case to the Board and reviewed the staff briefing. He also told them that there is a tall brick wall dividing the properties and discussed with them the degree of grade change from this lot to the neighbors. Colleyville Zoning Board of Adjustment Minutes -November 12, 2002 Page 3 of 5 Approved on January 74, 2003 Scott Kretzer, Thistle Homes, Inc. was present to represent the case. He distributed a letter he received from the adjacent neighbor due west of the lot requesting the variance. The letter was a letter of support. He explained that the Gentrys were going to do major remodeling to the house and will convert the existing garage into living area and they need a variance to build a three car garage. He said that most houses in the area have three car garages and this variance will provide for consistency in the neighborhood. There was no one else present wishing to speak at the public hearing. Rich Munson asked the builder if the proposed garage wall will act as a retaining wall. Mr. Kretzer responded that he will rebuild the retaining wall closer to the driveway and if it requires engineering plans, he will provide them with his building permit application. Skip Reynolds said it was interesting that a neighbor would take the time to send a letter supporting the variance request and they received no letters not in favor. Dee McNosky asked Mr. Kretzer how much space would be left behind the wall of the garage. Mr. Kretzer responded that there would be six feet and that would leave approximately three feet of room on the other side of the house to maneuver. The Board entered into discussion about the location of the dwelling to the north and the distance between the garage corner that would encroach and that house. There was also discussion about the difference in grades and how the existing lower existing retaining wall would be straightened rather than the way it is currently curved as it goes to the back of the property. Larry Henry moved to approve the variance request. Rich Munson seconded the motion. The vote being: Ayes: Munson, Reynolds, Henry, Davis, McNosky Noes: None 3. Case A-02-011 -PUBLIC HEARING - Request by Joseph Missimo for a variance form the Colleyville Land Development Code regarding building setbacks requirements at 215 Cheek Sparger Road, Lot 1, Briar Cliff Moor Tom Niederauer presented the case to the Board and reviewed the staff briefing. Skip Reynolds asked staff if any part of the proposed construction interfere with the right-of-way. Tom Niederauer explained that all of the addition would be totally within the property line and not extend into any right-of-way. Tim Roberts was present to represent the case. Tim Roberts is Joseph Missimo's son-in-law and lives at the residence at 215 Cheek Sparger Road. He told the Board that the property is in his father-in-law's name. He told about how long he has lived in the home and all of the improvements he has made to the home and the property. He told the Board that he has two autistic children and they both require their own bedrooms and the proposed addition would provide the room they need. He distributed copies of a rendering of the exterior appearance and the floor plan for the addition. Mr. Roberts said the porch will create a wind break and there will Colleyville Zoning Board of Adjustment Minutes -November 12, 2002 Page 4 of 5 Approved on January 74, 2003 still be 76' from the porch to the center of Cheek Sparger Road. He said because of the custom cabinet work and improvements he's made to the interior of the house, there would be no way to add onto the back of the house. He said the proposed addition will add to the beauty of the neighborhood. Skip Reynolds asked Mr. Roberts how long he has lived in the house. He commented that he lives in the area and often drives by this house. He said he has seen the work in progress from the street and Mr. Roberts has certainly improved the appearance of the area. Joe Missimo, the owner of the house, said the house is only 950 s.f. and has two bedrooms. He said his grandchildren require their own bedrooms and the proposed addition will provide the additional space they need. He said the addition will also hide the back garage from the street. Steve Knight, 1739 Felps Court, told the Board that he lived on the corner of Felps Court and Cheek Sparger and is adjacent to the proposed addition. He said he is in favor of the request and this is a positive proposal to improve the neighborhood. Mr. Knight said there have been significant changes to their neighborhood but they have brought the neighbors together. He said he and the Maurers, Neil Strassman, and the Watkins met in the street and discussed how the proposed addition will be a benefit to the area. He said they asked him to express their favor of the variance to the Board. Mr. Knight said he has seen the interior of the home and the quality cabinet work Tim Roberts has done would definitely prevent the addition being placed any other place than what is proposed. Skip Reynolds asked Mr. Knight about the fence he constructed on his property. He told him that it was a quality fence. Mr. Reynolds told Mr. Knight that he appreciated him coming forward and speaking in support of his neighbor. There was no one else present wishing to speak at the public hearing. Skip Reynolds moved to approve the variance and said there is nobody more important than the young children and if the Board can make a better community for them, they've done a good thing. Larry Henry seconded the motion. The vote being: Ayes: Munson, Reynolds, Henry, Davis, McNosky Noes: None ADJOURNMENT: The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 8:10 p.m. [NOTE: There was discussion by the Zoning Board of Adjustment about the appointment of someone to fill the vacant Place 3. The Board asked the recording secretary, Jan Levy, to relay to the proper authorities that the Zoning Board of Adjustment Rules of Procedure state: "If a regular member vacancy occurs, fhe senior alternate will fill his posifion and the City Council will appoint another alternate." The senior alternate is Clarence (Butch) Bercher, Alternate #1. The Board Colleyville Zoning Board of Adjustment Minutes -November 12, 2002 Page 5 of 5 Approved on January 74, 2003 would like to have Butch fill the vacant Place 3 and request that the City Council appoint a member to the Alternate #1 position whose term expires in September 2003.] Respectfully Submitted, Jan Levy, Planning & Zoning Assistant Approved on: January 14, 2003 as corrected. (Removed and corrected the statement on page #1 by Pat Davis)