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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-10/9/2001Zoning Board of Adjustment Minutes -October 9, 2001 Page 1 of 4 -Approved on November 73, 200 Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on October 9, 2001. Roll Call: Present: Jeff Byerly, Larry Henry, Rich Munson, Dee McNosky and Skip Reynolds, new Board member Bill Ward Absent: Cheryl Feigel, Jerry Birkes. Staff: Barry LeBaron, Tom Niederauer Approval of Minutes: August 14, 2001 Skip Reynolds moved to approve the minutes. Jeff Byerly seconded the motion. The motion was passed by an "Aye" voice vote. Recognition of Outgoing member Jerry Birkes was absent and could not be recognized Service: for his service to the City of Colleyville as a Board member. Swearing In: Barry LeBaron swore in the following members: Dee McNosky, Place 4 Larry Henry, Place 5 Bill Ward, Alternate #1 Election of Officers: For Board Chairman, Rich Munson nominated Dee McNosky. Skip Reynolds seconded the motion, and Jeff Byerly moved to close the nominations. Ms. McNosky was then unanimously elected as chairman of the Zoning Board of Adjustment. For Vice-chair, Rich Munson nominated Larry Henry. Jeff Byerly seconded, the motion and he was unanimously elected. Orientation: Barry LeBaron, AICP, Community Development Manager gave a brief orientation of the Zoning Board of Adjustment members duties. PUBLIC HEARING - An interpretation by the Zoning Board of Adjustment of Home Occupation Uses, Section 3.236 (I) of the Colleyville Land Development Code. Case A- 01-006 Tom Niederauer presented the matter to the Board and reviewed the staff briefing, including the current definition of "Home Occupation", the regulations contained in Section 3 of the Colleyville Land Development Code, and the research compiled by the Staff. Chairman McNosky explained to the audience, that the procedures of the Zoning Board of Adjustment would be different in this hearing since no actual case is before the Board to be decided. She explained that one of the duties of the Zoning Board of Adjustment is to interpret provisions of the ordinance for the understanding of the staff in discharging their duty of ordinance interpretation to the public when questions arise. She outlined the meeting format for the Zoning Board of Adjustment Minutes -October 9, 2001 Page 2 of 4 -Approved on November 73, ZOOS audience and noted that since there is no case before the Board, no reference to specific cases will be accepted. She said that the staff is ultimately looking for discussion by the Board. Rich Munson noted that there are many people present and that the Board should hearfrom them before discussing the matter. Chairman McNosky agreed and opened the public hearing portion of the meeting. Those wishing to speak on this topic were: Steve Knight, 3917 Felps Court, read the definition of "Home Occupation" form the City Code and stated the following points: • Solve the traffic issue by disallowing all (any) traffic generated by a home occupation use. • (he) does not want commercial activity in (his) residential district, and wants more teeth in the ordinance. • Disallow any signs for business uses in residential areas. Kim Isakson, 2304 Mulberry Court, agreed with Mr. Knight and added: • Our residential atmosphere is deteriorating. • Agrees with having home occupation uses but not permitting too much auto traffic. • We surveyed seven businesses in our neighborhood and some said that no auto trips are incurred, some said two per week and some said five per week would be o.k. for their business to function. Rich Munson (Board), we get lots of UPS and Fed Ex trucks in the city now, and we cannot regulate that traffic. Jodie Lamb, 5000 Westgrove Lane, said that she goes to physical therapy 3 times per week and parks in the back of the house. The business (where she goes) has only 3-4 clients a day. Jeff Wampler, 517 Wagon Wheel Court stated that: • Wife is a teacher and does tutoring in the home • I do home inspections and some sales • I have two driveways and we keep a low profile although we have three businesses conducted out of our home. • Sometimes we have as many as 30 kids over at one time for parties. • We have room for eight cars in our driveways and on an adjacent vacant lot. Steve Knight, 3917 Felps Court, stated that he is not interested in a compromise - (I) think you should eliminate business use of the house from 25% of the floor area to 5% and eliminate signs to zero. I have an office in my home to do claims adjustments, with three phone lines, a desk, computer and printer. Skip Reynolds (Board) asked if he meant no home occupation uses? Mr. Knight responded that he meant just no cars. Zoning Board of Adjustment Minutes -October 9, 2001 Page 3 of 4 -Approved on November 73, 200 Dee McNosky (Board) noted that HOA's (homeowners associations) could be more restrictive. Also that we have some older houses, so the rules for one area may not be appropriate for another area. Gary Freedman, 2300 Mulberry Court spoke. Kelly Lynch, 6603 Beddo Court, said that "we have two businesses in our home, and our kids go to homes for music lessons, another for swimming and still another for tutoring. I also go to a woman's home to buy cosmetics." Joyce Schwalenberg, 2301 Mulberry Court, stated, "we moved here from Arlington, and although I feel very strongly about this matter, I am more tolerant, i.e. "love thy neighbor." Skip Reynolds (Board) asked how far does this (issue) go? Jim Isakson, 2304 Mulberry Court, spoke again. Kevin Preola 5605 Sycamore Drive, stated that the Board must draw the line somewhere. Rich Munson (Board), we could regulate the time(s) of operation. He also noted that the Census Bureau has defined over 30,000 kinds of occupations, and that we should not try to regulate any specific uses. Jeff Byerly (Board) believes that the permitted and prohibited uses in our ordinance are good in that there are certain activities that we do want and ones that we do not want. Larry Henry (Board), stated that we (The Board) are not going to outlaw businesses in the home, but that traffic and time limitations would be reasonable accommodations to make. I like the definition as it is written. Dee McNosky (Board), it is not problematic if cars can be hidden, but it is if they are visible. Larry Henry (Board), said the we can regulate business parking on a residential street and even require paving in the back for parking. Skip Reynolds (Board) said that these are good points that are being raised, and reminded the Board that we (city of Colleyville) does have a nuisance law that can take care of some of these matters if they are a problem in residential areas. We need to think through before we make changes. He thinks that we should leave the rules alone (for now) and let the staff bring a case to us. Barry LeBaron (Staff), stated that we (the City) could license a "Home Business". Skip Reynolds (Board) said that he does not like the idea of licensing because it might stifle business and it could cost them and the city. Zoning Board of Adjustment Minutes -October 9, 2001 Page 4 of 4 -Approved on November 73, ZOOS Rich Munson (Board), said that he views the license as a pledge from the conduct his business properly, and that the parking should be in th Also number four (of the ordinance rules, i.e. traffic and parking) is a Bill Ward (Board), stated that he believes the current definition is good. ADJOURNMENT: business owner to e rear of the home. nightmare. Skip Reynolds moved to adjourn the meeting, and Larry Henry seconded the motion. The vote was unanimous to do so. They're being no further business, the meeting adjourned at 9:30 p.m. Respectfully Submitted, Tom Niederauer, AICP Senior Planner Approved on: m/min/z b a minutes for 10-09-01