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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-09/12/2017 City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 12, 2017 City Council Chambers CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on September 12, 2017 at 7:00 p.m. Roll Call Present: Board members Kimberly Holt, Dee Kamerman, Wayne Maynard, Dee McNosky, Raymond Allee, Richard Vallario, and Michael Deakin Staff Present: Ben Bryner, Felix Landry, and Araceli Botello 1. APPROVAL OF MINUTES Board member Maynard made a motion to approve the August 8, 2017 minutes. Board member Vallario seconded. The motion to approve carried by the following vote: Aye: 5 – Kamerman, Maynard, Allee, Vallario, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to certain provisions of the Section 3.26, Fences, Free Standing Walls, and Screening Materials on Lot 9, Block 2, of the Brighton Oaks Addition, Located at 3005 Sherwood Lane, Case VC17-009 Felix Landry presented the case and briefed the Board. The applicant, Tracy Cutrona, 3005 Sherwood Lane, came forward and briefed the board. The public hearing was opened at 7:10 p.m. Amy Adams, 5409 Rustic Trail, came forward and spoke in support to the case. Zoning Board of Adjustment Minutes September 12, 2017 City of Colleyville Page 2 Katy Hadley, 204 Timberline Drive North, came forward and spoke in opposition to the case. Board member Maynard questioned the applicant regarding the wall location and if it will be built slightly down the slope. The applicant replied that the wall will not be built down the slope. The applicant added that the wall would be level with the house and pool and that there is an additional request to move the fence slightly downhill into the front yard setback. Board member McNosky asked the applicant to clarify where they are proposing to add a solid wall and relocate the chain link fence. The applicant responded that a solid wall would be installed coming out from the house and that the existing chain link fence will be relocated to be within the front yard setback. Board member McNosky questioned the applicant regarding the safety with the existing pool. The applicant responded that she understands the safety concerns with children and having a pool. The applicant added that a 4 foot tall fence is considered to be within code. Board member Kamerman questioned the applicant regarding privacy and fencing. The applicant responded that she is not concerned with the chain link section and privacy due to the topography and the trees, but is concerned with privacy where the wall is proposed. The applicant has chosen a wall design that will complement the style of the home. Discussion continued regarding privacy. Board member Holt clarified with the applicant that the proposed wall would replace a portion of the chain link fence. The applicant responded yes. Discussion continued regarding chain link fencing. There being no one else wishing to speak, the public hearing was closed at 7:21 p.m. Board member Maynard made a motion to approve Case VC17- 009. Board member McNosky seconded. The motion to approve case VC17-009 failed by the following vote: Zoning Board of Adjustment Minutes September 12, 2017 City of Colleyville Page 3 Aye: 2 – Maynard and McNosky Nay: 3 – Kamerman, Allee, and Vallario 2b Request for a variance to certain provisions of the Section 3.26, Fences, Free Standing Walls, and Screening Materials on Lot 5R, Block 4, of the Rustic Oaks Addition, Located at 5409 Rustic Trail, Case VC17-010 Felix Landry presented the case and briefed the Board. The public hearing was opened at 7:27 p.m. The applicant, Amy Adams, 5409 Rustic Trail, came forward and briefed the board. Board member McNosky asked the applicant to clarify if they are replacing the existing fence. The applicant responded yes. Board member McNosky questioned the applicant regarding the type and height of the proposed fence. The applicant responded that the fence would be made of wood and 8 foot tall in lieu of the current 6 foot tall wood fence. Discussion continued regarding replacing the current fence. Board member McNosky made a notation that the request is being presented before the board due to the fence being located in a non- conforming location and the applicant is looking to replace the fence. The applicant added that she would like to fix the fence, make it secure, and prettier. Discussion continued regarding the request for the proposed fence. Board member Holt questioned the applicant whether the pond is accessible to the public. The applicant responded that the pond is not accessible to the public. The applicant added that the pond is privately owned. Board member Deakin questioned the applicant regarding fencing and height on the adjacent property. The applicant responded that the same fencing exists on the property surrounding her property and is between 6 and 8 foot tall. Staff added that based on the information listed on the application, only the property at 5409 Rustic Trail was noticed. Therefore the only action up for consideration before the board is for 5409 Rustic Trail. The adjacent property will require a Zoning Board of Adjustment Minutes September 12, 2017 City of Colleyville Page 4 separate hearing. Board member Maynard questioned the applicant regarding the height of the fence on the property located at 5509 Rustic Trail. The applicant responded that the height of the fence is 8 foot tall. Board member Vallario questioned the applicant regarding the request of replacing the fence from the property located at 5509 Rustic Trail to 5317 Rustic Trail. The applicant responded that the request does not include fencing at that location. The applicant added that the request is to replace the fencing along the northeast property line only on Rustic Trail. Discussion continued regarding replacing the fence along the property. Board member Maynard asked for clarification regarding the public trespassing with the current fencing. The applicant responded that the current fence is not sufficient to deter the trespassing and she is concerned about the liability of the trespassing onto her property. The applicant added that the public is not trespassing in the area of her property where the 8 foot fence exists. There being no one else wishing to speak, the public hearing was closed at 7:46 p.m. Board member Maynard made a motion to approve Case VC17- 010. Board member Kamerman seconded. The motion to approve case VC17-010 was carried by the following vote: Aye: 5 – Kamerman, Allee, and Vallario Maynard, and McNosky Nay: 0 3. ADJOURNMENT The meeting adjourned at 7:47 p.m. Zoning Board of Adjustment Minutes September 12, 2017 City of Colleyville Page 5 Minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on November 14, 2017 by a vote of 5-0.