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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-6/10/2008~`~ ~~~ City of Colleyville Minutes -Final ~., Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 10, 2008 7:00 PM City Council Chambers 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 June 10, 2008 at 7:05 p.m. Present: Board members Skip Reynolds, Rich Munson, Dee McNosky and Jim Gotcher (Alternate 2) Absent: Board members Lisa Kenney, Ed Moore and Kevin Sams (Alternate 1) Staff Present: Ron Ruthven, Justin Bass and Intern, Sarah Coplen 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Reynolds moved to approve the April 29, 2008 meeting minutes as written. Board member Munson seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Munson, McNosky, Jim Gotcher, Alt. 2 Absent: 3 -Kenney, Moore, Sams, Alt. 1 5. AGENDA ITEMS 5a Case A-08-005- Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements in the front yard setback on Lot 1 R, Block 1 of the Wines Addition located at 201 West L.D. Lockett Road Justin Bass presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:06 p.m. Carol Montgomery, 201 W. L.D. Lockett Road, applicant, came forward to present the case and brief the Board members. Board member Reynolds questioned Mrs. Montgomery regarding why City of Colleyville Page 1 Printed on 8/13/2008 Zoning Board of Adjustment Minutes -Final June 10, 2008 does the fence have to be 42 inches tall as opposed to 30 inches tall? Mrs. Montgomery replied she was told by the permitting department that she would be allowed to build a 2 1/2 foot fence. Justin Bass stated Mrs. Montgomery was told 30 inches. Chairman McNosky questioned staff regarding if there are two variances being applied for, one, the placement of the fence and two, the height of the fence? Justin Bass replied just the height. Chairman McNosky stated she understood that Mrs. Montgomery would like to have something taller so that it could be visible for SUVs and taller vehicles. Justin Bass concurred. Board member Reynolds questioned staff regarding how is it that the neighbors are building fences that are similar situated? Justin Bass replied many of the lots are within a subdivision that would allow for the perimeter fencing. Ron Ruthven stated the one lot subdivisions have a provision in the Land Development Code that allows the perimeter fencing. He also reminded the Board of a fence variance that was recently approved down the street from this request. Mrs. Montgomery had pictures of it to show the Board. Board member Reynolds questioned staff regarding if that fence is on the same build line? Chairman McNosky replied it is on the property line. Board member Gotcher questioned staff regarding if the picture presented is the fence that received the variance approval? Ron Ruthven replied no, that lot is a one lot subdivision that is allowed to have the taller fencing. He stated the one that the Board approved is on a different location on LD Lockett Road and was approved for Mr. Labreque at six feet. Board member Reynolds questioned staff regarding if the fence is built as requested, will there be any visibility issues? Ron Ruthven replied Mrs. Montgomery was made aware of the 25 foot visibility triangle requirement and has agreed to the requirement. Board member Reynolds questioned Mrs. Montgomery regarding what will the fence look like once it is constructed? Mrs. Montgomery presented pictures that represent what the fence will look like. Board member Reynolds questioned Mrs. Montgomery regarding if they built the house or did they purchase the house already built? Mrs. Montgomery replied they built the house. Board member Reynolds questioned Mrs. Montgomery regarding if they City of Colleyville Page 2 rnnrea on ai~oi~vvo Zoning Board of Adjustment Minutes -Final June 10, 2008 purchased the lot with the current configuration? Mrs. Montgomery replied no, about a year after the purchase of the lot, they purchased a little more which gave the lot the current configuration. Board member Reynolds questioned Mrs. Montgomery regarding what is the hardship? Chairman McNosky offered a suggestion that based on the lots in the area, they assumed that they would be able to build a fence similar to the ones in the area. Board member Reynolds questioned Mrs. Montgomery regarding what is the hardship? Mrs. Montgomery replied because the lot is on the curved street, the traffic is a major issue. She stated the lots in the area have placed fences around the properties because the traffic is dangerous. Chairman McNosky stated there is a tree that would be compromised as well. Mrs. Montgomery concurred. Board member Reynolds questioned staff regarding if there would be any way possible for this lot to be rezoned or reclassified as a subdivision? Ron Ruthven replied the lot is currently platted in a two lot subdivision. He stated this lot is not adjacent to unplatted property that she would be able to bring into her property. Board member Reynolds questioned staff regarding if anyone has complained about this proposal? Ron Ruthven replied no. Board member Reynolds stated staff recommended denial, however, will this create any hardship within the community if the request were approved? Ron Ruthven replied no, as long as the fence meets the code regarding the visibility requirement. Board member Munson questioned staff regarding where would the 25 foot visibility triangle come into place with this lot? Ron Ruthven replied at the corner of Bettinger and LD Lockett Road. Board member Munson questioned Mrs. Montgomery regarding the entrance to the driveway? Mrs. Montgomery replied they do not wish to put a gate on the driveway. Board member Munson questioned Mrs. Montgomery regarding if the visual barrier will protect the property from the traffic? Mrs. Montgomery replied yes. Chairman McNosky questioned staff regarding if there is a curve traffic sign at this location? Ron Ruthven replied not knowing, but that he could check. Board member Munson replied as well as a driveway sign. City of Colleyville Page 3 Printed on 8/13/2008 Zoning Board of Adjustment Minutes -Final June 10, 2008 Board member Gotcher replied as well as traffic reflectors on the roadway down the middle line. Mrs. Montgomery replied there is not a middle line. Board member Munson questioned Mrs. Montgomery regarding what is the topo like in the back yard? Mrs. Montgomery replied fairly flat with about 55 trees. There being no one wishing to speak, the public hearing was closed at 7:28 p.m. Board member Reynolds moved to approve case A-08-005 with the understanding that the applicant will observe the 25 foot visibility triangle requirement as well as there be no gate on the driveway entrance. He stated the gate will cause a different safety hazard. He stated the questions and comments regarding the placement of a potential gate would need to be referred to staff. Board member Munson seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Munson, McNosky, Jim Gotcher, Alt. 2 Absent: 3 -Kenney, Moore, Sams, Alt. 1 5b Case A-08-006 - Request for a variance from the regulations of the Colleyville Land Development Code regarding rear and side setback requirements on Lot 6, Block 4 of the Saddlebrook Addition located at 4309 Brookhollow Drive Justin Bass presented the case and briefed the Board members. Board member Reynolds questioned staff regarding if the structure were to be constructed without the breezeway, would the applicant be required to come before the Board? Justin Bass replied no, however, they would be required to receive a Special Use Permit from the Planning and Zoning Commission as well as City Council. Board member Reynolds questioned staff regarding what would the applicant have to show to the Planning and Zoning Commission as justification for the need of the structure? Ron Ruthven replied there are no hardship requirements when presenting the case. He stated the applicant would be requested to justify why they are in request of the large building. The request would be presented to the Planning and Zoning Commission as well as City Council. Board member Reynolds questioned staff regarding if there have been any requests made, similar, in the last 24 months for the Planning and Zoning Commission regarding residential property? Ron Ruthven replied yes, 3 at least, 2 within the last six months, that were approved by City Page 4 Printed on 8/13/2008 City of Colleyville Zoning Board of Adjustment Minutes -Final June 10, 2008 Council. Board member Reynolds questioned conditions on which the request was Ruthven replied the conditions that ai the structure affects the surrounding living quarters within the structure. staff regarding what were the approved by City Council? Ron e considered are whether or not neighbors and that there be no Board member Reynolds questioned staff with regards to this request, would it meet or violate that criteria? Ron Ruthven replied as an addition to the home, it would be considered as part of the home, but not as a separate residence. As a detached structure, it could not be taller than the main structure and it can not be a separate residence. Chairman McNosky stated this request is an attached structure with setback encroachments. Chairman McNosky opened the public hearing at 7:37 p.m. Brad Rogers, 4309 Brookhollow Drive, applicant, came forward to present the case and brief the Board members. Board member Reynolds questioned Mr. Rogers regarding how long has he lived there? Mr. Rogers replied 10 years. Board member Reynolds questioned Mr. Rogers regarding what will be behind the breezeway? Mr. Rogers replied there is a three car garage with a workshop on the end of it. Board member Reynolds questioned Mr. Rogers regarding what materials will the structure be constructed? Mr. Rogers replied brick, just like the home. Board member Reynolds replied that structure will improve the tax base of the community. Chairman McNosky replied this will not affect the neighbors and that the character of the house will remain in tack. Board member Reynolds stated the shape of the lot is the hardship. There being no one wishing to speak, the public hearing was closed at 7:49 p.m. Board member Reynolds moved to approve case A-08-006. Board member Gotcher seconded. Page 5 Printed on 8/13/2008 City of Colleyville Zoning Board of Adjustment Minutes -Final June 10, 2008 The motion carried by the following vote: Aye: 4 -Reynolds, Munson, McNosky, Jim Gotcher, Alt. 2 Absent: 3 -Kenney, Moore, Sams, Alt. 1 6. REPORTS AND COMMENTS None 7. ADJOURNMENT The meeting adjourned at 7:50 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, June 5, 2008 by 5:00 p.m. The meeting minutes were approved on August 12, 2008. Page 6 Printed on 8/13/2008 City of Colleyville