Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-12/8/2010_ - City of Colleyville City Hall '~) ~ ~ 100 Main Street ~ ate. Minutes -Final Colleyville, Texas 76034 817. 503.1000 ,-.•.,z www.colleyville.com Zoning Board of Adjustment Wednesday, December 8, 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 December 8, 2010 at 7:00 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Ed Moore, Dee McNosky and Tracy Doyle (Alternate 2) Absent: Board members Skip Reynolds Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the June 8, 2010 meeting minutes. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5 -Gotcher, Moore, Doyle and McNosky Absent: 1 -Reynolds 5. SWEARING IN OF RE-APPOINTED AND NEWLY APPOINTED MEMBERS Amy Shelley adminsitered the oath of office to the newly and re-appointed members. Present: Board members Jim Gotcher, Ed Moore, Dee McNosky, Tracy Doyle and John Okray (Alternate 2) Absent: Board members Skip Reynolds and Eric Hulet Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley 6. ELECTION OF OFFICERS Board member Moore moved to approve Dee McNosky as the Chairman of the Board. Board member Gotcher seconded. C)ty of Colleyville Page 1 Printed on 1/12/2011 Zoning Board of Adjustment Minutes -Final December 8, 2010 Board member Gotcher moved to approve Ed Moore as the Vice Chairman of the Board. Board member Doyle seconded. Board member McNosky moved to approve Amy Shelley as the Recording Secretary of the Board. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5 -Gotcher, Moore, Doyle and McNosky Absent: 1 -Reynolds 7. PUBLIC HEARING AGENDA ITEMS 7a Case VC10-005 - Request for a variance to the side setback requirements of Chapter 3 of the Land Development Code on Lot 1, Block 1 of the Fisher Addition located at 5513 Montclair Drive Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:12 p.m. Don Enty, the applicant and property owner, came forward to present the case and brief the Board members. Chairman McNosky questioned staff regarding if Mr. Enty's request to abandon Ruth Road can be heard by this Board. .Ron Ruthven stated that the Zoning Board of Adjustment is not the venue to ask for a road abandonment, only City Council can approve a road abandonment. Chairman McNosky questioned staff regarding if the Board can allow for such a variance given the issue with Ruth Road. Ron Ruthven replied yes. Discussion occurred between Board member Moore and staff regarding the streets in this area. Steve Pence, 5601 Montclair Drive, came forward and spoke in opposition to this variance request. Mr. Enty came forward and restated that Ruth .Road needs to be abandoned to resolve these issues. Board member Moore questioned Mr. Enty regarding if the current home is going to be torn down. Mr. Enty replied correct. Discussion occurred between the Board members and Mr. Enty regarding all of the existing structures. City of Colleyville Page 2 Printed on 1/12/2011 Zoning Board of Adjustment Minutes -Final December 8, 2010 Board member Moore questioned Mr. Enty regarding if trees will be taken down. Mr. Enty replied there are a few small trees that will be taken down to clean up the property. Board member Moore questioned Mr. Enty regarding the proximity of the location of the new home. Mr. Enty used the exhibits to show the Board members the location of the new structure. Board member Gotcher questioned staff regarding if the new structure is proposed to be 3 feet next to the property line adjacent to Ruth Road as it exists today. Ron Ruthven replied yes. Board member Gotcher questioned staff that if Ruth Road is divided in half, like it was done previously, would the new structure comply with the set back requirements. Ron Ruthven replied yes. Chairman McNosky questioned staff regarding if there is a possibility that if Ruth Road is abandoned, it could all go to the adjacent property owner. Ron Ruthven replied yes. Chairman McNosky further stated that if that scenario plays out, then the structure will sit closer to the adjacent property owner's property line. Ron Ruthven concurred. Board member Moore questioned Mr. Enty regarding the opposite side of the house. Mr. Enty replied that is an office which is within the side setback. Ron Ruthven concurred and restated that the variance request is for the area adjacent to Ruth Road. Board member Gotcher stated to Mr. Enty that there is some confusion with this drawing. Mr. Enty replied the drawing for that side is in error, the structure meets the set back requirement for that side. Board member Gotcher questioned Mr. Entry regarding what are the plans if the variance is not approved. Mr. Enty replied he wants some resolution for Ruth Road and then will try and set the structure back so that he is within the set back requirements. Board member Moore questioned Mr. Enty regarding how far back would the proposed structure have to be moved in order to make the set back requirements. Mr. Enty replied he would only have to move the garage 15 feet to make it work. Board member Doyle questioned staff regarding if the City actually has the right of way for Ruth Road, has it been deeded over to the City? Ron Ruthven replied it was dedicated as part of a plat. City of Colleyville Page 3 Printed on 1H2/20J1 Zoning Board of Adjustment Minutes -Final December 8, 2010 Board member Doyle stated the encroachment would actually be on City property. Ron Ruthven replied correct. Board member Gotcher stated that Mr. Enty's quest to get resolution on Ruth Road is beyond what the Board can approve, it will have to go before City Council. He stated he would recommend that the Board table this item or take a vote. Mr. Enty stated he has been working with City Council for a good year, with no resolution. He stated with the approval of the variance, he can start building the house and then work towards getting a resolution on Ruth Road. Chairman McNosky stated understanding both positions, and stated the request for the abandonment of Ruth Road is for City Council. She stated the variance could be granted, however with the outstanding legal issues she stated being uncomfortable with making that decision. Board member Gotcher stated understanding the situation, but it is, to some extent, it is a self imposed hardship. There being no one wishing to speak, the public hearing was closed at 7:48 p.m. Board member Moore moved to deny case VC 10-005. Board member Gotcher seconded. The motion to deny failed by the following vote: Aye: 3 -Gotcher, Moore, McNosky Nay: 2 -Doyle, Okray, Alt. 2 Ron Ruthven reminded the Board members that if the motion fails, the case is automatically denied according to the rules of procedure. 7b Case VC10-006 - Request for a variance to the side setback requirements of Chapter 3 of the Land Development Code on Lot 1, Block 1 of the Couch Potatoe Farm Addition located at 1700 Oak Knoll Drive Ron Ruthven presented the case and briefed the Board members. Mike and Cathy Neece, the applicants and property owners, came forward to present the case and brief the Board members. Chairman McNosky opened the public hearing at 7:48 p.m. City of Colleyville page q Printed on 1/12/2011 Zoning Board of Adjustment Minutes -Final December 8, 2010 Board member Okray questioned Mrs. Neece regarding which neighbors are in support of this request. Mrs. Neece replied the neighbors the west and east. She further stated the neighbors to the rear are way far away. Discussion occurred between Board member Gotcher and staff regarding the placement of the bay window with regards to the set back requirements. There being no one wishing to speak, the public hearing was closed at 7:56 p.m. Board member Moore moved to approve case VC 10-006. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5 -Gotcher, Moore, Doyle, McNosky, Okray, Alt. 2 Absent: 2 -Reynolds, Hulet, Alt. 1 8. ADJOURNMENT The meeting adjourned at 8:00 p.m. I hereby certify the above agenda was posted on the bulletin boards at City .Hall on Friday, December 3, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 11, 2011. City of Colleyville Pegs g Printed on 1H2/2011