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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-1/14/2003ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING -.JANUARY 14, 203 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on January 14, 2003. Roll Call: Present: Skip Reynolds, Butch Bercher, Larry Henry, Pat Davis, Dee McNosky Absent: Rich Munson Staff: Tom Niederauer, Jan Levy Approval of Minutes: November 12, 2002 Larry Henry moved to approve the minutes as corrected (remove the statement by Pat Davis on page #1 regarding similar circumstances -the statement was made by the applicant). Skip Reynolds 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: Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, and Pat Davis. Case A-03-001 -PUBLIC HEARING - Request by Shelby Carroll for a variance from the regulations of the Colleyville Land Development Code regarding the front and side yard setback requirements at 6001 Westcoat Drive, Lot 10, Block 2, Westcoat Place Tom Niederauer presented the case to the Board and reviewed the staff briefing. He displayed overheads of the location of the property, the site plan, and pictures of the property and surrounding areas. He said this is a difficult property to develop and this is not an unreasonable request. He informed the Board that they are to consider variances from the front and side building setback requirements. Larry Henry asked staff how far the house is set back on the adjacent Lot 30-C to the south. There was discussion about the setbacks of the home on that property and how difficult it was to ascertain that information because of the numerous trees located between the two properties. Butch Bercher asked staff what the setback requirements were in the R20 zoning district. Staff responded the R20 district requires 30' front yards, 10' side yards, and 25' rear yards. Zoning Board of Adjustment Minutes -January 14, 2003 Page 1 of 3 Approved March ~~, 2003 The applicant, Shelby Carroll, presented his case to the Board. He said he did not want to pay an architect the large fee it would require to design a modest 4,100 s.f. two story house to be built in this neighborhood. He said they wanted to save money by living in the existing house while the new house was being built, and they could put the money they would save by living in the existing house into the new house. Larry Henry asked the applicant if he considered building a smaller house on the property. The applicant responded that he researched numerous plans to find one that would meet their needs and reasonably fit onto the lot. He said the plan they chose would be flipped to better fit on the lot and it has a 2,100 s.f. first floor which was comparable to most plans for two story homes they looked at. Chairman McNosky asked if there was anyone present who wished to speak in favor of the request. There were none. Chairman McNosky asked if there was anyone present who wished to speak in opposition of the request or had questions for the applicant. Those present wishing to speak were: Garland Brock, 6003 Westcoat, said he owns the house adjacent to the north of the variance request and he had questions. He wanted to know the exact measurements of the encroachments. It was discussed that there would be a 7' variance on the front setback and 5' variance on the south side setback. There was discussion about how the current structure will be demolished and that would leave approximately 33-feet between the new house and Mr. Brock's property. Mr. Brock asked if there would be windows on the side of the house facing his property. Skip Reynolds asked the applicant if there were second story windows on the north side of the proposed house. Mr. Carroll presented a floor plan to the Board and explained how he plans on flipping the floor plan so the house will fit better on the lot. There was discussion by the Board regarding the distance of the proposed new house to the house to the south. Pat Davis asked the Mr. Carroll if a portion of the existing house could be altered by removing it to allow the proposed new house to be built farther to the north eliminating the need for a variance to the south. Mr. Carroll said that would create a problem for them because he has a family of four who will be living in the small existing home while the new house is being built. Skip Reynolds the applicant if he would be amenable to agreeing to not place second story windows on the north side of the house. The applicant responded that he would agree to that condition. Sip Reynolds asked Mr. Brock if that condition would help him. Mr. Brock responded that his questions have been answered and the proposed house will add value to the neighborhood. He said second story windows on the north side of the house would not be a deterrent. Chairman McNosky asked if anyone else in the audience wanted to speak regarding the variance request. There was no one present wanting to speak, and Chairman McNosky closed the public hearing. Zoning Board of Adjustment Minutes -January 14, 2003 Page 2 of 3 Approved March ~~, 2003 Skip Reynolds said his comment would be that the general approach by the ZBA and working within the laws and constraints of the general rules is to let the neighbors in the community do everything they reasonably can and in this case it does not appear that anyone in the neighborhood is uncomfortable with what is proposed and also there is a practical problem with the property. Butch Bercher said this is a mixed neighborhood and the encroachments requested do not exceed the setback requirements in the R20 zoning district. Skip Reynolds moved to approve the variance request as presented in the application. Butch Bercher seconded the motion. The vote being: Ayes: Reynolds, Bercher, Henry, Davis, McNosky ADJOURNMENT: The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 7:35 p.m. Larry Henry congratulated Butch Bercher for filling the vacant Place 3 position. There was discussion by the Zoning Board of Adjustment about the status of appointing someone to fill the vacant Alternate #1 position. Jan Levy informed the Board there is an item on the January 21, 2003 City Council Agenda for appointments to the Board. Respectfully Submitted, Jan Levy, Planning & Zoning Assistant Approved on: March 11, 2003 as written. Zoning Board of Adjustment Minutes -January 14, 2003 Page 3 of 3 Approved March ~~, 2003