HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-11/13/2001Zoning Board of Adjustment
Minutes -November 13, 2001
Page 1 of 3 -Approve December ~~, 20011
Chairman McNosky called the regularly scheduled meeting to order at 7:05 p.m. on November 13,
2001.
Roll Call: Present: Skip Reynolds, Rich Munson, Bill Ward, Dee McNosky
Absent: Cheryl Feigel, Jeff Byerly, Larry Henry
Staff: Tom Niederauer, Jan Levy
Approval of Minutes: October 9, 2001
Skip Reynolds moved to approve the minutes. Bill Ward seconded the motion. The motion
was passed by an "Aye" voice vote.
Chairman McNosky explained the procedures of the Zoning Board of Adjustment and outlined the
meeting format for the audience. All present members will be voting members for the meeting
and it will take a unanimous vote to approve the variance request.
PUBLIC HEARING -Request of Gregory A. Likness for a variance from Section 3.26 -
Fences, Free Standing Walls, and Screening Material -to provide forthe construction of a
6' in height fence that will encroach over the side building line on Lot 5, Block 5, Woodbriar
Estates Addition, Section Two, at 3716 Briarhaven Lane, Case A-01-007
Tom Niederauer presented the case to the Board and reviewed the staff briefing.
Chairman McNosky opened the public hearing portion of the meeting.
Those present wishing to speak in favor of the variance request were:
Gregory Likness, applicant, presented his case to the Board. He said that he wishes to protect
and secure the area for his grandchildren and to also protect his vehicles.
Those present wishing to speak in opposition of the variance request were:
Janice Dugan, 3704 Rosebriar, said that the lot is in a nice open area and a fence at the proposed
location could create a possible obstruction of view fortraffic. She said granting a variance forthis
fence could set a precedent that could result in fences encroaching over the building lines in the
whole neighborhood of 27 homes. She said fences have a way of deteriorating and this fence
could become a potential eyesore.
Cecil Mathis, 3709 Rosebriar, said he has seen a significant change in the neighborhood in the
last 30 years and the back fence that Mr. Likness put up looks like a steel fence around a junk
yard on Jacksboro Highway. He said that he objects to a fence being built over the building line
and the applicant can put up a fence within the regulations so the grandchildren can play in the
Zoning Board of Adjustment
Minutes -November 13, 2001
Page 2 of 3 -Approve December ~~, 200
back yard. Mr. Mathis said that his grandchildren play in their backyard.
Richard Dugan, 3704 Rosebriar, said he is opposed. He said the people on Greenbriar and San
Bar asked for a variance and their fence was not approved. He said the applicant has plenty of
room in the back yard for his grandchildren to play in.
Nancy Mathis, 3709 Rosebriar, spoke in opposition. He said if this variance is allowed it could
allow others to bring their fences out past the building line. He said the neighborhood is currently
open, but will become enclosed if that is allowed. He said this would be a very visible fence
because of the location of the drainage area and will block the vision for drivers and change the
look of the neighborhood.
There being no one else to speak in opposition, Mr. Likness responded to the comments.
Mr. Likness said that the location of his proposed fence would not create an obstruction because
of the curve in the street. He said that he plans on tapering the 8-foot fence down to the 6-foot
fence on the side. He said that some fences deteriorate, but this is a concrete panel that does not
deteriorate and has a wood grain look to it. He said that there is no other hard surface area for his
grandchildren to play on than the driveway apron and driveway and there is enough of an incline
for a baby walker to coast down into the street. He said there are other fences in the area that are
built over the building line and he will maintain the proposed fence so that it does not become an
eyesore. He presented pictures to the Board to dispute a visibility problem and they were
included in the packet.
Chairman McNosky closed the public hearing portion of the meeting.
Skip Reynolds asked Mr. Mathis to return to the podium. He asked Mr. Mathis if he thought this
would be contrary to the public interest in the neighborhood. Mr. Mathis responded, "Yes".
Chairman McNosky called for a motion. There was none.
Chairman McNosky moved to accept the variance request. There was no second to the
motion. The motion died for a lack of a second. The variance request was denied.
Chairman McNosky stated that she received positive feedback from people who attended their
last meeting about the way they conducted the meeting and addressed the definition and
conditions for "home occupation use".
ADJOURNMENT:
Skip Reynolds moved to adjourn the meeting, and Rich Munson seconded the motion. The
motion was passed by acclamation.
They're being no further business, the meeting adjourned at 7:30 p.m.
Zoning Board of Adjustment
Minutes -November 13, 2001
Page 3 of 3 -Approve December ~~, 200
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Approved on: December 11, 2001 as submitted.
m/min/z b a minutes for 11 13 01