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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-12/16/1999Zoning Board of Adjustment Minutes -December 16, 1999 Page 1 of 4 The regular meeting of the Zoning Board of Adjustment was called to order by Vice-President McNosky at 7:00 p.m. on November 23, 1999. Roll Call: Present: Teresa Rutherford, Dee McNosky, Larry Henry, Jerry Birkes, Steve Magee Absent: Sara Lester, Robert Van Til Staff: Barry LeBaron, Jan Hofstrom-Levy Swearing In: Larry Henry, Place 5. Jan Hofstrom swore in Larry Henry. Approval of Minutes: November 23, 1999 Steve Magee moved to approve the minutes as submitted. Larry Henry seconded the motion. The motion passed by an "Aye" voice vote. 1. PUBLIC HEARING - A request from Mike Foster for an extension of the 3-year time limit to allow the nonconforming use status approved by the Zoning Board of Adjustment on January 14, 1997 on A963, TR3C5 at 6605 Colleyville Blvd. Case A-99-015 Barry LeBaron presented the case to the Board. He gave a history of the property and the reason the case was considered by the Zoning Board of Adjustment 3 years ago. He said that applicant had three options and they were to: cease operation; seek rezoning; or come before the Zoning Board of Adjustment and request an extension of the 3-year time limit to allow the nonconforming use status. He said that the applicant requested an extension. Vice Chairman McNosky opened the public hearing. Those present wishing to speak were: Anne Mooney, 404 Oak Valley Drive. She gave a history of the use of the building since she purchased it in 1992. She pointed out that the property on the Future Land Use Map posted in the Council Chambers is indicated for future retail commercial use. Larry Henry asked the owner if she were aware of any restrictions on retail properties. She stated that she was not aware of any restrictions. Mike Foster, 1604 W. 5t" Street, Irving, Texas, applicant, presented a petition with signatures from 5 business owners on Colleyville Blvd. in favor of the current retail use on the property. He also pointed out the property on the Future Land Use Map. He said that he was never warned by city officials about the restrictions on the property when he obtained a certificate of occupancy. Ken Green, 4006 Butler Court, owner of buildings at 6620 & 6630 Colleyville Blvd., presented pictures of the site. He said that he was not able to have retail uses in the ML zoning district and other properties should comply with the regulations. He said that a business displaying inventory outside the building does not beautify Colleyville Blvd. Zoning Board of Adjustment Minutes -December 16, 1999 Page 2 of 4 Mike Foster spoke again and said that he was operating his business in the current location before Ken Green built his offices across the street. He said that K-Mart, Albertson's, and Payless Cashways display their inventory outside. He also said that he was not aware of any complaints about his business filed with the City, and none have been filed with the Better Business Bureau. Jerry Birkes asked questions of staff about the purpose of the extension since the application requests a zoning change. Staff responded that they spoke with the applicant and made them aware of all options available. Barry LeBaron said that the applicant stated he wanted an extension from the Zoning Board of Adjustment. Steve Magee requested that the record reflect that the applicants are only present to obtain an extension and not seek a zoning change. Anne Mooney said that she did not receive notice of rezoning when the schedule of permitted uses was changed. Barry LeBaron spoke about how property can be rezoned. He said that in 1996 the owner's property zoning classification was not changed, however, the regulations forthe ML zoning district were changed and the City was not required by law to send notices to owners affected by the change. He said that a notice was published in the newspaper advertising the public hearing for the change. Teresa Rutherford spoke about the changes she has seen in the City since 1982. She said that it was the Boards decision 3-years ago to work with the owner yet work toward beautifying Colleyville Blvd. as desired by citizens, and she did not favor extending the non-conforming status. Jerry Birkes said that this request seems to be a re-zoning issue and not a variance issue. Steve Magee said that the applicant deserves due process and he read the motion granting the 3- year extension made by Frank Carroll on January 14, 1997. He said that it becomes a zoning issue and the Board cannot make "use" variances. He said that the owner was given 3-years to amortize the building to conform to City standards. He said that when he reads the permitted uses in the ML zoning district, the owner may be required to request dimensional variances forthe property. Mr. Magee said that he does not believe that the Zoning Board of Adjustment can legally grant an extension of the usage because then it is acting as a zoning board. Larry Henry said that it appears the owner or applicant did not take the effort to make changes to the property. Anne Mooney said that she did plant grass and shrubs on the property. She asked why are the neighbors allowed to operate retail uses and she is not. She said that the neighboring properties that have parking along Colleyville Blvd. frontage require cars to back out onto the street and cars parked at her business can exit onto old Ross Downs Road and drive forward onto Colleyville Blvd. Teresa Rutherford moved to allow an additional 3-month extension to allow the applicant time to decide what he needs to do and possibly rezone the property, however the variance Zoning Board of Adjustment Minutes -December 16, 1999 Page 3 of 4 will no longer be permitted after that time to allow the non-conforming use. Steve Magee seconded the motion for discussion. Steve Magee said that philosophically he does not have a problem with the extension that has been talked about, however he said that he does not believe that it is within the authority of the Zoning Board of Adjustment to grant this approval. He said that he would prefer to see the Board deny the full extension with an effective date and would offer the following amended motion, understanding that the applicant has due process rights and their appeal would be directly to the Circuit Court: "I move to deny case A-99-015 pursuant to the following: Finding that the limitations of the non-conforming use approval of the Board of Adjustment on January 14, 1997 stipulated that such approval be granted for this applicant for a period of "three years maximum" and said three years expires on January 14, 2000, and furtherfinding that said three year period provided the applicant with a fair and reasonable period to permit the non-conforming use to remain; 2. Finding that no "changed circumstances" exist with regard to the approval granted on January 14, 1997 and that the three-year limitation in the approval comports with Section 5.7 (b) of the City of Colleyville Zoning Code granting the Board of Adjustment with the authority to "establish a specific time for the return of the occupancy to a conforming use;" 3. Finding that the property in question in this case has a current zoning designation of ML-Light Manufacturing, which leaves the applicant with reasonable and viable potential economic uses for their property and that the application before us tonight in essence requests a "use" variance, but not a "dimensional, bulk or construction" variance providing relief from size, yard, frontage, setback, or other similar dimensional requirements; and 4. Finding that the applicant has not demonstrated the requisite hardship necessary under the City Code and the State Local Government Code section 211.009(a)(3) for a grant of relief from enforcement of the City's zoning code, and further that failure to grant the proposed variance will not deny the applicant reasonable use of their property and that other properties in the City of Colleyville are similarly zoned ML- Light Manufacturing. This action of denial would go into effect on April 14, 2000. Larry Henry seconded the amended motion. The vote being: Ayes: Rutherford, Henry, Birkes, Magee, McNosky Noes: None Zoning Board of Adjustment Minutes -December 16, 1999 Page 4 of 4 ADJOURNMENT: 2. Adjournment Steve Magee moved to adjourn the meeting at 8:00 p.m. Larry Henry seconded the motion. The motion passed by an "Aye" voice vote. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: May 23, 2000 as submitted. jh/min1216zba.min