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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-8/12/2003ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING -AUGUST 'I 2, 2003 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on August 12, 2003. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Pat Davis, Ron Sturgeon Absent: Larry Henry Staff: Barry LeBaron, Tom Niederauer, Jan Levy Approval of Minutes May 13, 2003 Bruce Bercher moved to approve the minutes. Skip Reynolds 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-03-005 - Pusuc HeaRiN~ -request by Ryan O'Keefe for a variance from the setback regulations of the Colleyville Land Development Code at 1300 John McCain Road, Lot 2, J. C. Evans Subdivision Tom Niederauer presented the case to the Board and reviewed the staff briefing. Butch Bercher asked questions about the R40 zoning district setbacks and if this lot was considered a corner lot even if the street was never constructed. Staff gave the Board the setbacks and said when the plat was created, the lot was platted as a corner lot and that is the reason there is the wide side setback. The applicant, Ryan O'Keefe, was present to represent his case to the Board. He told the Board that he intends to enclose the existing garage and build another garage. He said the existing garage is too small for him to park his pickup truck in. Mr. O'Keefe showed the Board plans provided by the architect and he needed a 20' setback in order to build the new garage. He said the only other owner of property that uses the unimproved roadway that is gravel is the Kaufmans. He said the existing house was built over the 40' building line and he wanted to get a variance for that encroachment to clear up any future title on the property. Donna Kaufman, 1208 John McCain Road, was present to speak in favor of the variance. She said that she has lived there since 1988 and her house is located northwest of Mr. O'Keefe's residence. She said she has three children and they enjoy the rural environment. She said that Zoning Board of Adjustment Minutes -August 12, 2003, 2003 Page 1 of 3 Approved on October 74, 2003 she wanted to come to the meeting to support Mr. O'Keefe and asked the Board to vote in favor of the request. No one else was present wishing to speak, and the public hearing was closed. Skip Reynolds said that if the applicant needs a variance of 10' 3', the Board should consider granting a variance of 11' so there will not be a future problem when the forms are set. The Board entered into discussion about how the setback requirements should be measure. Butch Bercher made a motion to grant the variance and measure the distance of 11' from the northwest corner of the existing dwelling. He said the new standards are being retrofitted on an old house and this variance will improve the property and bring the existing encroachment into compliance. Skip Reynolds seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Davis Noes: None 2. Discussion and recommendation of amendments to sign variance functions, Case 2-03- 016 Barry LeBaron told the Board that he wanted to give them a heads up on what is taking place and how a sign variance will be considered. He gave the history of how the amendments came about and said the sign variances will be considered at a separate meeting. He explained how the meetings would be scheduled when on the second Tuesday of the month and if the Board has a Zoning Board of Adjustment case, they would consider that and then adjourn the meeting and call the Sign Board of Appeals meeting to order. He said the amendments are written to allow an applicant to appeal a denial to City Council. Skip Reynolds said that there is a conflict in the way the terms of office on the Sign Board of Appeals is written. He said if City Council removes a Zoning Board of Adjustment member from the Sign Board of Appeals and not the Zoning Board of Adjustment they would have problems attracting new members to the Sign Board of Appeals. Dee McNosky commented that the Zoning Board of Adjustment members are taking on additional duties and the City Council needs to recognize the importance of having cohesiveness with the appeals process. She asked if they could have considered seven members to the Sign Board of Appeals rather than how the ZBA is setup. There was discussion about the similarities and differences of the two boards. Barry LeBaron said the Sign Board of Appeals would adopt rules of procedure and choose a chairman and co-chairman. Dee McNosky requested that Barry ask the Council for a little change in the proposed structure to avoid confusion. There was discussion about staffs involvement with guiding the Sign Board of Appeals to help them understand the cases and the criteria for signs. It was asked about the volume of requests and Barry LeBaron responded that with the future widening of Highway 26, there might be more cases to consider than in the past. There was discussion about the sign permitting process. Barry told the Board that he would do an orientation once the amendments are passed by City Council. Zoning Board of Adjustment Minutes -August 12, 2003, 2003 Page 2 of 3 Approved on October 74, 2003 The Board requested that changes be made to the amendments to have terms concurrent with the ZBA and change the language about removal without cause. Discussion of Items not on the Agenda Skip Reynolds asked Barry LeBaron to brief the Board about the status of the current revision of the face of Highway 26 and an update of when work is to begin. There was discussion about the project. Skip Reynolds asked Barry LeBaron about the construction of a shed over a building line that was not authorized by the Zoning Board of Adjustment. He said the applicant requested a fence variance to create a larger play area then they built a building over the building line and have put in a new driveway access with a curb cut. Barry responded that the building official issued a permit for the building and he would research if the curb cut was ever permitted. 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: As corrected (added "member" to the second paragraph in item #2.) 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 -August 12, 2003, 2003 Page 3 of 3 Approved on October 74, 2003