HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-12/11/20071 City of Colleyville Colleyv0'~IleaTexas 76034
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Minutes -Final www.colleyville.com
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Zoning Board of Adjustment
Tuesday, December 11, 2007 6:30 PM City Council Chambers
6:30 P.M.- WORKSHOP
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING FLOW CHART
DISCUSSION OF ZONING BOARD OF ADJUSTMENTS TOPICS
STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
BOARD MEMBER'S COMMENTS AND REPORTS
7:00 P.M.
REGULAR MEETING
1. CALL TO ORDER
2. ROLL CALL
The Zoning Board of Adjustments meeting of the City of Colleyville was
called to order by Chairman McNosky on December 11, 2007 at 7:00
p.m.
Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich
Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso
(Alternate 2)
Staff Present: Ron Ruthven and Amy Shelley
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Kenney moved to approve the November 13, 2007
meeting minutes as written. Board member Moore seconded.
The motion carried by the following vote:
Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky
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5. TABLED AGENDA ITEM
5a Case A-07-021 -Request for a variance from the regulations of the
Colleyville Land Development Code regarding landscape buffer
requirements on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of
the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville
Boulevard
Board member Moore moved to remove case A-07-021 from the tabled
items. Board member Munson seconded.
The motion carried by the following vote:
Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky
Ron Ruthven presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:07 p.m.
Kip Whitman, the applicant, came forward to present the case and brief
the Board members. Mr. Whitman presented a letter to the Board
members from TxDot for permission to landscape in TxDot's right of
way.
Board member Kenney questioned Mr. Whitman regarding if there have
been issues worked out with the rear neighbors? Mr. Whitman stated
the neighbor did not want a living fence. Mr. Whitman stated he will put
up an overlapping, 1 x 6 plank fence that will allow air flow. He stated
they are going to plant live screening in front of the fence. He stated he
hoped that the neighbor will like it.
Board member Kenney stated there was a possibility with reducing the
rear setback to 15 feet instead of the requested 10 feet? Mr. Whitman
stated the five feet would still make the whole development move five
feet closer in.
Board member Kenney questioned if the underground detention system
is dictating the request? Mr. Whitman stated no, it is the parking lot,
however, the detention system is under the parking lot.
Board member Moore stated it would be reducing the parking lot. Mr.
Whitman stated it would reduce the availability for the two restaurants.
Board member Moore questioned staff if there is a 20 foot setback for
underground detention? Ron Ruthven replied that would not affect the
setback requirements.
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Chairman McNosky questioned staff regarding if the underground
detention can be placed beyond the 20 foot setback since the parking lot
and dirt will cover it? Ron Ruthven replied he would have to refer that to
the Engineering Department for approval.
Board member Moore stated setbacks are one thing for above the
ground, but the detention system is underground, which is another thing.
Mr. Whitman stated the underground detention system is considered a
utility. Mr. Ian Norfolk, the Engineer for the project, stated the
underground system is considered a structure, much like a building.
Chairman McNosky stated the same restrictions would apply.
Board member Moore stated the cars parked in the parking area along
Colleyville Boulevard, at night, will be shining their lights into the traffic.
Mr. Whitman stated that not being a good idea, but the landscaping
should eliminate that issue, or help with it. Mr. Whitman used a
presentation to give examples of his developments.
Board member Dellosso questioned Mr. Whitman regarding if the rear
parking spaces were removed, does that reduce the size of the building?
Mr. Whitman replied that it could potentially reduce the size of the
building. He stated the widening of Colleyville Boulevard has caused this
issue, it caused the development to loose 20 feet in the front of the
development.
Chairman McNosky questioned staff regarding if the letter from TxDot
that Mr. Whitman presented at first, is what the Board was looking for
regarding permission? Ron Ruthven replied the Board was wanting an
agreement, the letter does not state that it is an agreement. Mr.
Whitman stated if the request were to be denied, then he stated he could
not use it and the development would be forced back and the whole
project has to be rethought.
Board member Moore questioned Mr. Whitman regarding what is the
amount of setback on the front that is being requested? Mr. Whitman
replied coming back 15 feet. If that is granted, they are at the point of 5
feet of their own buffer with islands to landscape. Mr. Whitman stated
they are asking to use 15 feet of TxDot's right of way for the landscape
buffer and then they will use 5 feet of their own property to finish the 20
foot buffer requirement. Board member Moore stated the Board could
not do that.
Board member Munson questioned Mr. Whitman regarding what is the
required landscape buffer by ordinance? Mr. Whitman replied 20 feet.
Board member Munson stated that being different than the 40 foot
building line. Mr. Whitman concurred.
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Zoning Board of Adjustment (Minutes -Final December 11, 2007
Discussion occurred between Board member Munson and Mr. Whitman
regarding the setbacks indicated on the drawings. Board member
Munson stated he keeps hearing the 20 feet, where does that come into
with the setbacks? Ron Ruthven replied the 20 feet is a landscape
buffer requirement that has nothing to do with the 40 foot building
setback requirement.
Discussion occurred between Board member Munson and staff
regarding the underground structure and parking with regards to the
setback.
Board member Munson stated without having the neighbor to the east,
he stated he would like to hear it from the neighbor regarding if he is
comfortable with what is being suggested.
Board member Munson questioned Mr. Whitman regarding the parking
to the rear, would he be willing to eliminate the 11 parking spaces,
maybe reconfigure the design of the fire lane, keep the design of the
building, but move those parking spaces to somewhere else in the
development? Mr. Whitman replied the development is about 4 to 6
parking spaces rich, but to loose several would make the development
tight. He stated those spaces to the good are handicap spaces.
Discussion occurred between Board member Munson and Mr. Whitman
regarding the site grade. Mr. Whitman stated the site will be above
grade as it comes down to meet the highway.
Board member Munson stated being sensitive to adjacent neighbors.
Mr. Whitman concurred.
Board member Moore questioned Mr. Whitman regarding the neighbor
that was here last month, is he the neighbor to the south? Chairman
McNosky stated he is the neighbor that would receive the encroachment
more harshly. She stated the buffer zone would be between his property
and the development. Board member Moore stated he is the neighbor to
the east.
Mr. Whitman used the exhibits on the screen to show the Board
members the site grading in relation to the parking areas and Colleyville
Boulevard and the adjacent neighbor.
Board member Munson stated the development will be above the
existing ground in the rear parking. Board member Munson questioned
Mr. Whitman how much the development would be above the existing
ground for the parking in the rear? Mr. Whitman replied not knowing
exactly, but about 3-4 feet above the neighbor's property. Board
member Munson stated that being a lot.
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There being no one wishing to speak, the public hearing was closed at
7:51 p.m.
Board member Reynolds questioned what staff has recommended?
Ron Ruthven replied staff has recommended denial. Chairman
McNosky stated because the land has not given the hardship, it is
actually the developer's design that has caused the hardship. Ron
Ruthven stated it is rare to grant variances on an undeveloped piece of
property. However, he stated it is up to the Board.
Chairman McNosky and Mr. Whitman discussed what was approved by
the Planning and Zoning Commission. She stated the Board has very
strict guidelines regarding variance requests.
Board member Kenney stated being willing to grant the front request
because the widening of Colleyville Boulevard has created a unique
hardship. She stated having issues with granting the variance because
the development does not have enough parking spaces. She concurred
with Chairman McNosky about liking the design, however, she stated the
Board can not grant a variance for what the statute does not allow.
Chairman McNosky stated the Board has certain guidelines to adhere
and this variance request is being asked because of the design of the
building, not because of the contours of the land. Mr. Whitman stated
the variance request is being asked for because of the widening of
Colleyville Boulevard. He stated the 10 feet will not harm a neighbor.
He stated the employees will park in the rear. He stated they will be
responsible for maintaining the landscaping in the right of way.
Board member Kenney stated that not being the issue. She stated the
issue is because statute does not allow for the Board to grant the
variance. Mr. Whitman stated oh no, the Board has the right to grant a
variance that the Board deems appropriate.
Board member Munson stated the Board is permitted to grant variances
based on hardships which are beyond the property owner's control.
Chairman McNosky stated the widening of the highway does create the
hardship.
Board member Munson stated the Board recognizes the hardship on the
front because of the widening of Colleyville Boulevard. However, the
area on the back is not a hardship which is imposed on the applicant
because of topography, or the shape of the property. He stated having a
problem with the four feet above grade with lights shining into the
neighbors windows.
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Mr. Whitman questioned Board member Munson if he would prefer, if he
lived back there, to change the design, move the whole thing back and
set it at the door step? Board member Munson replied no and with all
due respect, that is your decision. Mr. Whitman stated not wanting to do
that necessarily.
Chairman McNosky stated even if the neighbor were here, the Board
would not have the ability to grant the variance.
Board member Kenney questioned Mr. Whitman if the large tree in the
middle of the development would be destroyed if everything were to
move back? Is this design of the parking lot an attempt to save the tree?
Mr. Whitman replied yes. He stated this not being an attempt to save
the tree to modify the entire building. He stated it is to take advantage of
apiece of nature that happened to grow there. He stated this whole
development is an attempt to make something special compared to the
other junk that is being built around. He stated he does not want to self
the land, he wants to build the development that he can be proud of. He
stated he wants to add to Colleyville not detract from it.
Board member Munson questioned staff regarding if there is a
commercial PUD ordinance available in Colleyville that would enable the
City Council to modify the ordinance as it is now, related to the
development that Mr. Whitman is wishing to do? Chairman McNosky
stated that there is a matter of a few feet between her and the Village.
Ron Ruthven replied the PUD developments allow for developments as
this.
Chairman McNosky questioned staff if Mr. Whitman could apply for a
zoning change? Ron Ruthven concurred.
Board member Munson stated to Mr. Whitman that there are certain
guidelines and regulations that the Board has to adhere to and this is not
one of them.
Ron Ruthven stated the applicant did try to get, at least to the rear, a
variance request from City Council, that was denied. He stated if the
developer would like to do a PUD for this development, he can apply for
it. He stated in a PUD request, waivers can be granted within the
ordinance for the PUD request. It is up to City Council to approve those
requests.
Chairman McNosky questioned staff regarding why was the variance
request to the rear denied by City Council? Ron Ruthven replied the
denial of the Special Use Permit request did not have anything to do with
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Zoning Board of Adjustment Minutes -Final December 11, 2007
the rear variance request. Mr. Whitman stated they could not separate
the two.
Ron Ruthven stated the Board may approve this contingent upon
anything that the Board would like. He stated the variance request could
be separated, the front and the rear request.
Board member Kenney moved to approve case A-07-021 to allow the
developer to use the TxDot right of way for a landscape buffer.
Board member Munson stated that motion could not be approved.
However, he stated it could be approved to reduce front setback
adjacent to Colleyville Boulevard.
Board member Kenney stated she is not making a motion based upon
TxDot approval.
Board member Moore stated this request is for two variances. He stated
the Board does not have the authority to split this into two cases.
Board member Kenney and Chairman McNosky both agreed that staff
has stated the Board may do so.
Ron Ruthven stated the public notice addressed the landscape buffer
requirements in general. He stated the Board can consider both as
separate issues.
Board member Munson stated the Board has placed conditions in the
past.
Board member Dellosso questioned Mr. Whitman if underground parking
has been considered? Mr. Whitman stated it had been considered,
however, he stated it was not recommended because of the water issues
in the area. He stated it would be more costly.
Board member Moore questioned Mr. Whitman if the parking could be
two story? Mr. Whitman replied yes, but that would be an even bigger
encroachment on the adjacent property owner.
Board member Reynolds and Mr. Whitman discussed the differences
between what could or could not be done if the variance is or is not
approved. Board member Reynolds stated he would like to help the
applicant, however, he stated wanting to make sure that what ever is
approved will stand up to the rules.
Board member Kenney moved to approve case A-07-021 with the front
landscape buffer be reduced to five feet and did not make a motion to
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Zoning Board of Adjustment Minutes -Final December 11, 2007
approve the rear variance request.
Board member Reynolds questioned Mr. Whitman regarding if the
motion is approved, will that solve part of the problem? Mr. Whitman
replied yes.
Chairman McNosky called for a second. Board member Reynolds
seconded the motion.
Board member Munson suggested that the motion be clariefied to state
that the landscape buffer variance br granted only along Colleyville
Boulevard. Both Board member Kenney and Board member Reynolds
accepted the amendment.
The motion carried by the following vote:
Aye: 4 -Kenney, Reynolds, Munson, McNosky
Nay: 1 -Moore
Board member Reynolds stated the second request was not denied.
Ron Ruthven stated the applicant will have to reapply for a variance
request regarding the rear buffer.
Mr. Whitman replied he would work with the adjacent neighbor to
see if they could work something out.
Chairman McNosky stated Mr. Whitman can work with staff
regarding the process. She stated both issues have been
seperated.
Board member Munson questioned Mr. Whitman if the underground
system will be gravity flow release or sump pumps? Mr. Whitman
replied gravity flow release.
Board member Munson suggested to Mr. Whitman that when he
goes to talk to the adjacent neighbor that a cross section elevation
be provided to him showing how the vertical elevations will be dealt
with on the subject properly as it relates to his property. Mr.
Whitman agreed.
6. REPORTS AND COMMENTS
Board member Reynolds stated that the timing on the former request
was appropriate. Chairman McNosky concurred.
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Zoning Board of Adjustment Minutes -Final December 11, 2007
7. ADJOURNMENT
The meeting adjourned at 8:17 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, December 6, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on March 13, 2008.
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