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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-1/13/2004ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING -JANUARY 13, 2004 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on January 13, 2004. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ed Moore Absent: Pat Davis Staff: Barry LeBaron, Clayton Husband, Jan Levy Approval of Minutes October 14, 2004 Board Member Larry Henry moved to approve the minutes as corrected. Board Member 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 Larry Henry. Agenda Items 1. Case A-04-001 - PuBUC HEaRitv~ -Request by Michael L. Moore for a variance from the fence regulations of the Colleyville Land Development Code on Lot 6, D.P. Arrington Subdivision, located at 5102 Montclair Drive Mr. Barry LeBaron presented the case to the board members and reviewed the staff briefing. Mr. Michael Moore was present to represent the case to the board members. He explained how he submitted detailed plans that were drawn up by an architect to the City for approval and the wall design was approved by the City of Colleyville Engineering Department. Chairman McNosky opened the public hearing. There was no one present wishing to speak, and the public hearing was closed. Board Member Rich Munson said he brought this item to the attention of staff during the construction period because he felt the fence was being constructed too close to the public right- of-way. Board Member Rich Munson entered into discussion with Mr. Moore about Mr. Moore's lack of knowledge as to what permits are required to build something. Mr. Moore responded that he thought everything was approved because the Engineering Department's approved his plans. Zoning Board of Adjustment Minutes -January 13, 2004 Page 1 of 4 (D~a# Copy #7J Board Member Larry Henry said he has a problem when board members are put in a position to make a decision to correct a staff error. He said the decision should be made on the facts of the case and not on who did whatever was done to create the problem. Board Member Skip Reynolds made disparaging comments about the fault of staff and the owners' responsibility in the matter and toward the owner Don Wilson. He said did not want to consider the variance because the application was not made by the owner of the property. Don Wilson, owner, was present to also represent the variance request. He spoke about his home and the property it is built on, and how it increases the value of the neighborhood. Clayton Husband, Development Coordinator for the City of Colleyville produced the application that was signed by Don Wilson as the owner on the space for the owner's signature and Mr. Wilson added his signature to the space on the application where the applicant signs. That applicant's space was previously signed by the applicant Michael L. Moore who built the home and the fence. There was discussion between the board members and staff about possibly amending the fence regulations to address the issues relating to estate lots. Board Member Rich Munson said he doesn't have a problem with the wall, but asked what will happen when Montclair Drive is widened. There was discussion with staff about the plat and the right-of-way requirements on Montclair Drive. Board Member Butch Bercher moved to approve the variance request. Board Member Skip Reynolds seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Henry Noes: None 2. Case A-04002 -PUBLIC HEARING -Request by Lee A. Hughes for a variance from the fence regulations of the Colleyville Land Development Code on Lot 2, Block 1, Panno Addition, located at 312 Black Drive Mr. Barry LeBaron presented the case to the board members and reviewed the staff briefing. Board Member Larry Henry asked for specific locations of the proposed fence. The board members and staff entered into discussion about the possibility of the proposed fence interfering with the trees on the property line and the location of the fence in relationship to the neighbor's accessory buildings. There was discussion about how the neighborhood is in transition and going from older homes to estate type homes. Mr. Lee Hughes, applicant, was present to represent the case. He explained the circumstances with his neighbor to the east and the reasons he wanted to extend the fence past the front building line. He said the gates would be located fourteen feet off of the existing pavement. Board Member Ed Moore asked Mr. Hughes to point out where other ten foot fences are located in the area, because he could not find any in the immediate area. Zoning Board of Adjustment Minutes -January 13, 2004 Page 2 of 4 (Draft Copy ~~) Board Member Skip Reynolds entered into discussion with Mr. Hughes about the added value to the property because of the fence, asked questions about the look of the fence, and asked if Mr. Hughes has talked to his neighbor or tried to help him clean his property. There was discussion about a sex offender moving into the neighborhood and the need for security. Other board members entered into discussion about the construction materials for the fence, the location of the fence, especially in relationship to the other fences in the neighborhood. Chairman McNosky opened the public hearing. There was no one wishing to speak, and the public hearing was closed. Board Member Larry Henry said he had concerns about not knowing the specifics of the entryway and the location in relationship to the neighbor's trees and buildings. Board Member Rich Munson said he would like to see flags on the property line to indicate the location of the fence and he does not have enough information to grant a variance. Board Member Butch Bercher said this is an estate site subdivision, yet the neighborhood is in transition, and he would have liked to see staff make a recommendation in the briefing. Mr. LeBaron said he deferred from making a recommendation in order to allow discussion and findings at the public hearing influence the board members' decision. Board Member Butch Bercher said he would like to see a privacy solid fence up to the forty foot front building line and then a wrought iron fence in any locations over the building line. Chairman Dee McNosky said she is in favor of tabling the case to allow the applicant to stake the location of the fence on the property and offer a Plan "A" and a Plan "B". The board members entered into discussion about what they would like to see from the applicant. Board Member Butch Bercher moved to table the case. Board Member Larry Henry seconded the motion. The vote being: Ayes: Munson, Bercher, McNosky, Henry Noes: None Abstention: Reynolds 3. Case A-03-006 -TABLED ITEM -Request by Janice W. Robbins for a variance from the fence regulations of the Colleyville Land Development Code on Lot 7, Block 1, Pleasant Oaks Estates, located at 5900 Pleasant Run Road Mr. Barry LeBaron presented the case to the board members and reviewed the staff briefing. Board Member Skip Reynolds said that based on the fact staff made diligent and several attempts to contact the applicant regarding the status of the case he would be willing to take action on the case. Board Member Rich Munson moved to remove the case from the table. Board Member Skip Reynolds seconded the motion. The vote being: Zoning Board of Adjustment Minutes -January 13, 2004 Page 3 of 4 (Draft Copy ~fJ Ayes: Munson, Reynolds, Bercher, McNosky, Henry Noes: None Chairman McNosky called for a motion to take action on the case. There being no motion to take action, the variance request is not granted. 4. Case A-03-008 - -raB~E~ iTEnn -Request by Joe and Helen Pitts for a variance from the side yard setback requirements of the Colleyville Land Development Code on Lot 1, Block N, Mill Creek Addition, located at 205 W. Mill Valley Drive Mr. Barry LeBaron presented the case to the board members and reviewed the staff briefing. Board Member Butch Bercher moved to remove the item from the table. Board Member Skip Reynolds seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Henry Noes: None Chairman McNosky called for a motion to take action on the case. There being no motion to take action, the variance is not granted. OTHER DISCUSSION ITEMS Mr. Barry LeBaron asked Building Official Eddie Edwards to explain the present procedures for fence review to the board members. Mr. Edwards explained the changes in procedures that have been made for reviewing fence permits. ADJOURNMENT The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 8:30 p.m. Respectfully Submitted, Jan Levy, Planning & Zoning Assistant Approved on: 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 -January 13, 2004 Page 4 of 4 (Draft Copy ~~J