HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-5/10/2011~~~ ~~~,~ City of Colleyville
~~~ '~`~ Minutes -Final
Zoning Board of Adjustment
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, May 10, 2011
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 May 10, 2011 at 7:00 p.m.
Present: Board members Skip Reynolds, Ed Moore, Tracy Doyle, Dee
McNosky and John Okray (Alternate 2)
Absent: Board members Jim Gotcher and Eric Hulet (Alternate 1)
Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Moore moved to approve the January 11, 2011 meeting
minutes as written. Board member Okray seconded.
The motion carried by the following vote:
Aye: 5 -Reynolds, Moore, Doyle, McNosky, Okray, Alt. 2
Absent: 2 -Gotcher, Hulet, Alt. 1
5. PUBLIC HEARING AGENDA ITEMS
5a Case VC11-001 - PUBLIC HEARING - Request for a variance from the
side yard setback requirements of the Land Development Code on Lot 1,
Block 1, of the Grace Point Addition located at 4997 Fry Lane
Jackie Reyff presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:03 p.m.
Jon Atwood, the applicant, came forward to present the case and briefed
the Board members.
Chairman McNosky questioned Mr. Atwood regarding the platting of the
property. Mr. Atwood explained that a previous builder platted the
subject property and left the setbacks as if it were for an R40-Single
City of Colleyville page 1 Printed on 6/23/2011
Minutes -Final May 10, 2011
Zoning Board of Adjustment
Family Residential zoned property however this property is zoned
AG-Agricultural.
Abraham Mathews, the property owner, came forward to present the
case as well and brief the Board members regarding the history of the
subject property.
Board member Reynolds questioned Mr. Mathews regarding the subject
property acreage. Mr. Mathews stated he owns the one acre lot. He
further stated that this one acre lot was carved out of a larger piece of
property.
Board member Reynolds questioned Mr. Mathews regarding why they
want to keep the AG zoning district. Mr. Mathews stated he wants to
have animals on the property, like a goat.
Board member Doyle questioned Mr. Mathews regarding the square
footage of the proposed home. Mr. Mathews stated it is 5,200 square
feet.
Discussion occurred between Board member Moore and Mr. Atwood
regarding the design of the proposed home.
Board member Reynolds questioned staff regarding the setbacks for an
R40 zoned lot. Jackie Reyff replied the setbacks for the side yard would
be 15 feet.
Chairman McNosky questioned staff regarding the process for rezoning
the property. Jackie Reyff replied that the applicant would have to go
before the Planning and Zoning Commission as well as City Council.
She stated this process can take up to 90 days.
Mr. Atwood stated they have a construction loan in place and by
delaying this process; the property owner may lose the construction loan .
Mr. Mathews concurred and further stated that this setback request will
not encroach on the neighbors.
Chairman McNosky stated the subject property is surrounded by other
AG zoned properties. Mr. Mathews concurred. Chairman McNosky
replied if Mr. Mathews were to rezone the property, he would not be
consistent with the other zoned properties.
There being no one wishing to speak, the public hearing was closed at
7:16 p.m.
Board member Doyle moved to approve case VC11-001. Board
member Okray seconded.
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City of Colleyville Page 2
Minutes -Final May 10, 2011
Zoning Board of Adjustment
The motion carried by the following vote:
Aye: 4 -Reynolds, Doyle, McNosky, Okray, Alt. 2
Nay: 1 -Moore
Absent: 2 - Gotcher, Hulet, Alt. 1
5b Case VC11-002 - PUBLIC HEARING - Request for a variance from the
side yard setback requirements of the Land Development Code on Lot
11 R1, Block 4, of the Fairway Addition located at 1017 Murphy Road
Jackie Reyff presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:19 p.m.
Cheri Moore and Lenonna Nichols, the property owners, came forward to
present the case and brief the Board members.
Board member Reynolds questioned Ms. NI eoand theastreet right
placement of the new home, the existing property
of way. Ms. Nichols used exhibits to indicate those placements.
Bobby Wagner, the adjacent property owner, located at 6805 Herbert
Road, came forward and spoke in favor of the request.
Board member Doyle questioned staff regarding if the variance is
approved, would there be any chance that the fencing materials could be
changed from wrought iron to wooden. Board member Reynolds stated
that if the variance is approved, with specificity that the applicants would
have to comply with the variance conditions.
Ms. Nichols stated they would prefer a wooden fence, for safety,
however, they want to be compliant with the code.
Discussion occurred between the Board members and staff regarding
the fence height requirements.
Board member Okray questioned Ms. Nichols if both a variance to the
height and the setback of the fence is being requested? Both applicants
concurred. Ms. Moore stated they were told they could not put up a
wooden fence. She stated if they get a variance for the wrought iron
fence then they would not put up a wooden fence.
Board member Okray questioned Ms. Nichols regarding if the variance
was approved for the location, would there be an objection to the height
being approved at four feet instead of six feet? Ms. Moore replied they
want the six foot for safety reasons. She stated it would be too easy for
someone to jump a four foot fence.
Printed on 6/23/2011
City of Colleyville Paqe 3
~. ~~~~ City of Colleyville
Minutes -Final
~,;..~
Zoning Board of Adjustment
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
vvww.col leyville.com
Tuesday, May 10, 2011
7:00 PM
City Council Chambers.
1. CALL TO ORDER
2. ROLL CALL
3.
4.
5.
The Zoning Board of Adjustments meeting of the City of Colleyville was
called to order by Chairman McNosky on May 10, 2011 at 7:00 p.m.
Present: Board members Skip Reynolds, Ed Moore, Tracy Doyle, Dee
McNosky and John Okray (Alternate 2)
Absent: Board members Jim Gotcher and Eric Hulet (Alternate 1)
Staff Present: Ron Ruthven, Jackie Reyff and Amy Shelley
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Board member Moore moved to approve the January 11, 2011 meeting
minutes as written. Board member Okray seconded.
The motion carried by the following vote:
Aye: 5 -Reynolds, Moore, Doyle, McNosky, Okray, Alt. 2
Absent: 2 -Gotcher, Hulet, Alt. 1
PUBLIC HEARING AGENDA ITEMS
5a Case VC11-001 - PUBLIC HEARING - Request for a variance from the
side yard setback requirements of the Land Development Code on Lot 1,
Block 1, of the Grace Point Addition located at 4997 Fry Lane
Jackie Reyff presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:03 p.m.
Jon Atwood, the applicant, came forward to present the case and briefed
the Board members.
Chairman McNosky questioned Mr. Atwood regarding the platting of the
property. Mr. Atwood explained that a previous builder platted the
subject property and left the setbacks as if it were for an R40-Single
City of Colleyville Page 1 Printed on 8/23/2011