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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-5/13/2003ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING -MAY 13, 2003 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on May 13, 2003. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Pat Davis Absent: Larry Henry, Ron Sturgeon Staff: Tom Niederauer, Jan Levy Approval of Minutes April 8, 2003 Skip Reynolds moved to approve the minutes. Butch Bercher seconded the motion. The motion was passed by acclamation. Chairman McNosky explained the procedures of the Zoning Board of Adjustment and outlined the meeting format for the audience. The five voting members were: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, and Pat Davis. Agenda Items Case A-03-004 -PUBLIC HEARING - Request by Jeff Avery for a variance from the setback regulations of the Colleyville Land Development Code in order to build a pool at 5013 Stonebridge Drive, Lot 14, Block 2, Bridges at Riverwalk Addition Tom Niederauer presented the case to the Board and reviewed the staff briefing. He displayed overheads of the location of the property, photographs, and the site plan. He said staff did not receive any letters of opposition in response to the notice of public hearing that was sent out. Butch Bercher asked Tom if there were any windows on the side of the adjacent house overlooking the pool. Tom said there is not. He explained that the Board is to consider a three foot (3') variance from the required five foot (5') for the distance a swimming pool needs to be from the property line. Jeff Avery, applicant, said they wanted a water feature on their lot and described the pool they would like to build. He said the pool simulates a current to swim against and will be approximately 6' wide and 11' long and 4'/z' deep, constructed of gunite and stone to tie into the patio. He said they tried to locate the pool in the middle of the back yard. Jeff said the adjacent house has no windows on the parallel wall, per the deed restrictions. Skip Reynolds asked questions about the existing fence and Jeff explained that the fence and gate will meet the pool code for the City. There was discussion about the existing fence and how it entirely encloses the back yard. Zoning Board of Adjustment Minutes -May 13, 2003 Page 1 of 2 Approved on August 72, 2003 Rich Munson asked staff if the pool will encroach into any easements. Staff and Mr. Avery said it would not. Mr. Avery told the Board that Oncor has already signed off on the pool permit. Chairman McNosky spoke about the number of residents who currently live in the neighborhood and how the sense of the neighborhood has not yet developed. Skip Reynolds said that with the size of the lots and small yards, this is a reasonable request. He said his greatest concern is for the safety of small children and the ability of the applicant to keep them out of the yard. Pat Davis spoke about the location of the pool equipment and the location of the equipment and the potential for noise from vibration. Staff informed the Board that is a concern that is addressed as a part of the permitting process. Rich Munson commented about the appropriateness for the pool to be placed in this side lot and expressed concerns about setting a precedence. He said the location of the pool has not caused an interference with utilities or neighbors. Tom Niederauer explained that the Board is not bound by precedence in making their motion. There was discussion by the Board about the legal framework they are to work within. Tom said that staff would look to the developer to amend the PUD if too many other requests are made for pools to be placed closer than five feet from the property line. Skip Reynolds moved to grant the variance as requested. Rich Munson seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Davis Noes: None Discussion of Items Not on the Agenda There was discussion by the Board about staff's follow-upon two cases that they asked staff to check on at the last meeting. There was discussion by the Board and staff about the procedures that staff takes after a variance is granted to follow-up on what actually gets built. ADJOURNMENT The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 7:50 p.m. Respectfully Submitted, Jan Levy, Planning & Zoning Assistant Approved on: August 12, 2003 as written. Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes -May 13, 2003 Page 2 of 2 Approved on August 72, 2003