HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-3/9/2010City of Colleyville 100 Mlain Street
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Zoning Board of Adjustment
Tuesday, March 9, 2010 7:00 PM City Council Chambers
1. CALL TO ORDER
The Zoning Board of Adjustments meeting of the City of Colleyville was
called to order by Chairman McNosky on March 9, 2010 at 7:00 p.m.
2. ROLL CALL
Present: Board members Skip Reynolds, Ed Moore, Kevin Sams,
Dee McNosky and Bruce Mayhew (Alternate 1)
Absent: Board members Jim Gotcher and Tracy Doyle (Alternate 2)
Staff Present: Ron Ruthven
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Moore moved to approve the January 13, 2009 meeting
minutes as written. Board member Mayhew seconded.
The motion carried by the following vote:
Aye: 5 -Reynolds, Moore, Sams, McNosky, Mayhew, Alt. 1
Absent: 2 -Gotcher, Doyle, Alt. 2
5. PUBLIC HEARING AGENDA ITEMS
5a Case VC10-001- Approval of a request for a variance to the lot coverage
requirements by buildings in Chapter 3 - Land Use of the Land
Development Code on Lot 11 R, Block 1 of the Castleton Manor Addition
located at 800 Fegans Path
Ron Ruthven presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 705: p.m.
Bud Sellers, 800 Fegans Path, the applicant, came forward to present
the case and brief the Board members.
Skip Blake, the architect, for the project, came forward to present the
case and brief the Board members.
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Todd Ford, 2312 Royal Oaks Drive, Mansfield, the future homeowner of
the subject property, came forward to present the case and brief the
Board members.
Milton Siegele, 808 Fegans Path, spoke in favor of the request and
stated being troubled by the fact that 11 homes have already been
approved by the City which exceed the maximum lot coverage.
Robert Glaser, 6909 Sir Spencer Court, spoke in opposition to the
request with concerns for the negative appearance to the neighborhood.
Robert Brennan, 6904 King Charles Court, spoke in opposition to the
request with concerns for the design of the proposed home.
Brian Kumpf, 6703 Ethridge Court, spoke in opposition to the request
with concerns for the design of the proposed home.
Steve Dumler, 6708 Ethridge Court, spoke in opposition to the request
with concerns for the size of the home on this particular lot.
Mr. Sellers came forward to address the issues presented by neighbors.
Mr. Ford came forward to address the issues presented by neighbors.
He stated he appreciates the fact that the neighbors present want the
Ford's as neighbors; however, he stated being troubled by the fact that
those present feel the proposed home will not fit in the neighborhood.
He stated the look and style of the home should not be of concern for
this Board only the variance to the lot coverage of the R20 zoning district
requirements.
Robert Brennan, 6904 King Charles Court, stated, for clarification, the
photos were presented as examples with regards to ratio.
Board member Reynolds questioned staff regarding how there are
homes in this neighborhood that are larger than they should be. Ron
Ruthven replied there were homes permitted in this neighborhood that
exceeded the lot coverage of the Land Developmend Code requirements
based on the calculation being done on the air conditioned portion of the
building. He stated he investigated that the maximum lot coverage is
actually based on the building footprint of the entire building.
Board member Reynolds questioned staff regarding if staff used the
other measure would this building still be too large? Ron Ruthven
replied according to his meetings with the applicant, the plans would not
be, if just the air conditioned portion was calculated.
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Board member Reynolds questioned Mr. Ford regarding what is the
hardship. Mr. Ford replied the hardship of this lot is the smallest lot in
this neighborhood that has a beautiful view that the other lots do not. He
stated he is trying to build a home that will meet the premium pricing of
this lot; trying to meet the price per square foot.
Board member Reynolds questioned Mr. Brennan if he feels the HOA
has a right to go above and beyond enforcing what this Board does not.
Mr. Brennan replied it does not have a right to enforce the maximum lot
coverage percentage. He stated they have the right to enforce the
architectural design.
Board member Reynolds questioned the Mr. Brennan if he feels that the
proposed home will not meet the architectural design standards in which
the HOA can enforce. Mr. Brennan replied yes, he feels the design of
this home does not meet those standards.
Board member Reynolds questioned Mr. Brennan regarding how did the
homeowners delegate to you the right to speak on their behalf. Mr.
Brennan replied the second set of plans were submitted to the
architectural committee and they did not meet the criteria therefore with
the meetings held, he was asked to speak.
Board member Reynolds questioned Mr. Brennan regarding how many
homes are in the neighborhood. Mr. Brennan replied 29.
Board member Reynolds questioned Mr. Brennan regarding how many
of those homeowners oppose or support the request. Mr. Brennan
replied so far there are seven who wrote letters.
Board member Reynolds questioned staff regarding what are the
reasons for the staff recommendation of denial. Ron Ruthven replied the
request does not meet the definition of a hardship within the Land
Development Code. He stated it is not a legitimate case to recommend
approval just because the rule had been broken previously.
Board member Moore questioned staff regarding if they meet all of the
other requirements within the zoning district with regards to setbacks.
He stated Colleyville's interpretation is everything measured under the
roof. He stated other cities use air conditioned space. He questioned
staff if there is anything from the state's definition with regards to lot
coverage. Ron Ruthven replied there is nothing defined from the state
zoning standards; therefore it is up to the individual cities to make up
their own definitions.
Board member Moore questioned staff regarding if the air conditioned
space was used to measure the lot coverage, would this request meet
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those requirements. Ron Ruthven replied yes.
Board member Moore questioned the Architectural Board regarding if the
house itself meets the standards of the architectural committee. He
replied it does not.
Board member Mayhew questioned staff regarding the living area of a
dwelling unit, specifically the heated and air conditioned areas, exclusive
of breezeways, basements, open and closed porches, common
corridors, parking areas, parking garages, and access buildings were to
be excluded; what is the definition stating to include those areas. Ron
Ruthven replied the Land Development Code does contain a definition
for the lot coverage with the building footprint. Board member Mayhew
stated defined by the building. Ron Ruthven replied the entire area
under roof. He stated any area that is under the roof, being a porch
under the same roof, therefore could be enclosed and still be within the
setbacks of the lot.
Board Member Sams questioned staff regarding what is the definition of
building. Ron Ruthven replied a structure built for the support, shelter
and enclosure of persons, animals, chattels or movable property of any
kind.
Board Member Mayhew questioned staff if the access to the lake or
pond is called an easement. Ron Ruthven replied actually it is part of
804 Fegans Path, a flag portion of that lot.
Board member Moore questioned staff regarding if 804 will ever be
developed. Chairman McNosky replied that is HOA land.
Mr. Blake, the architect, came forward to show an exhibit on the podium.
Board member Moore questioned Mr. Blake regarding the form survey
presented previously. Mr. Blake replied that form survey has since been
decreased from the original. He stated the stakes on the property are not
the new ones.
Board member Reynolds questioned Mr. Blake regarding if the
homeowners who are present have lied to the Board with their exhibits.
Mr. Blake replied they have misrepresented exhibits.
Board member Reynolds questioned Mr. Blake regarding if he owns
property in this subdivision or stand to make a profit if this variance is
approved. Mr. Blake replied no he does not own property in this
subdivision and has already been paid by the Ford's for his services.
Board member Moore questioned staff if there are any plans or thought
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to amend the code with regards to the foot print size as to air conditioned
and heated versus under roof. Ron Ruthven replied not at this time;
however, he replied he would do other research to compare with other
cities.
There being no one wishing to speak, the public hearing was closed at
8:11 p.m.
Board member Reynolds stated the Board should follow the
recommendation made by staff.
Board member Moore stated there is much ambiguity to the definitions.
Board member Moore moved to approve case VC10-001. Board
member Mayhew seconded.
The motion failed by the following vote:
Aye: 3 -Moore, McNosky, Mayhew, Alt. 1
Nay: 2 -Reynolds, Sams
Absent: 2 - Gotcher, Doyle, Alt. 2
5b Case VC10-002- Approval of a request for a variance to the lot coverage
requirements by buildings in Chapter 3 - Land Use of the Land
Development Code on Lot 13, Block 1 of the Colleyville Heights Addition
located at 813 Regina Court
Ron Ruthven presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 8:15 p.m.
Todd Handwerk, the applicant, came forward and presented the case
and briefed the Board members.
Karen Moore, 5412 South Drive, spoke in opposition to the request with
concerns for drainage on her property.
Chairman McNosky stated acknowledging her concern and stated staff
would have to follow through with the drainage issue.
Board member Reynolds questioned Mr. Handwerk regarding what is the
hardship with this request. Mr. Handwerk replied that within the last six
months, staff has changed it's interpretation for the definition of lot
coverage, as previously discussed with the first variance request of the
evening. He stated they have designed the house based on what was
approved in the past.
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Chairman McNosky stated not being comfortable the ambiguity of the
definitions and stated that somewhere in the code it needs to state that
in this year staff will follow this definition or interpretation which will carry
on.
Board member Reynolds questioned staff regarding who interpreted the
lot coverage. Ron Ruthven replied it was a building inspector who also
did plan reviews. He further stated he does not have any ambiguity in
the definition; there is no wiggle room and stated it is a unique code
requirement.
Chairman McNosky stated once the definition is made clear; there needs
to be a clear start date for the use of the new definition. Ron Ruthven
concurred and stated not being comfortable with having to do this with
these applicants.
Board member Reynolds concurred.
There being no one wishing to speak, the public hearing was closed at
8:30 p.m.
Board member Moore moved to deny case VC10-002. Board member
Sams seconded.
The motion to denied carried by the following vote:
Aye: 5 -Reynolds, Moore, Sams, McNosky, Mayhew, Alt. 1
Absent: 2 - Gotcher, Doyle, Alt. 2
6. ADJOURNMENT
The meeting adjourned at 8:32 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, March 5, 2010 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on June 8, 2010.
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