HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-08/15/2018
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
Wednesday, August 15, 2018 City Council Chambers
CALL TO ORDER
The Zoning Board of Adjustment meeting of the City of Colleyville was called to
order by Board member Maynard on August 15, 2018 at 7:00 p.m.
Roll Call
Present: Board members Richard Vallario, Dee Kamerman, Wayne Maynard,
Kimberly Holt, Michael Deakin, and Frank Carroll
Absent: Board member Scott McCombs
Staff Present: Ben Bryner, Jacquelyn Reyff, and Araceli Botello
1. SWEARING IN OF NEWLY ELECTED OFFICIALS
This agenda item was skipped due to Board member Scott McCombs being
absent.
2. PUBLIC HEARING AGENDA ITEMS
2a Request for a variance to certain provisions of Section 3.24.G,
Schedule of District Regulations of the Land Development Code,
specifically the lot coverage requirements, on Lot 8, Block 2, of the
Wescoat Place Addition, located at 6009 Westcoat Drive, Case VC18-
003
Ben Bryner presented the case and briefed the Board.
Board member Carroll questioned staff on the number of neighboring
properties that fail to meet the R-40 zoning district’s requirements.
Staff referred to the Notification Map for reference and replied that a
handful of neighboring properties do not meet the R-40 zoning
district’s lot size requirement. Board member Carroll questioned staff
that if granting this variance request would trigger approving similar
variance requests. Staff responded that variances are tied to the
specific conditions of the property and the Board would make the
determination to either approve or deny the request based on those
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City of Colleyville Page 2
conditions. Discussion continued regarding amending the applicant’s
request to the R-20 zoning district or requesting to City Council to
amend the Land Development Code.
Board member Kamerman made a comment regarding the history of
properties that are subdivided and do not meet their current zoning
district’s regulations. Staff added that the subject property has been a
single lot since 1952. Board member Kamerman questioned staff
regarding the owner placing the house on the neighboring lot. Staff
responded that the owner had owned the subject property and the lot
to the north when the house was constructed over the two lots in
1952. Discussion continued regarding history of the property and
amending the ordinance.
Board member Carroll questioned staff regarding the subject
property’s substantial difference from other neighboring properties in
meeting the R-40 zoning district’s regulations. Staff referenced the
Aerial Map to show the properties that do not meet the R-40 zoning
district’s lot size requirement. Board member Carroll questioned staff
on the number of properties that meet and don’t meet the R-40’s lot
size requirement. Staff responded that the condition that is presented
before the Board is the R-40’s maximum lot coverage requirement of
20 percent allowed, which would put the subject property’s 20,000
square foot lot in a more restricted lot coverage. Discussion continued
regarding the substantial difference from other neighboring properties
in meeting the R-40 zoning district’s regulations.
Board member Maynard made a comment that the variance request is
based on the hardship presented by the applicant and the need for a
caretaker quarters due to his Parkinson’s Disease. Board member
Carroll added that the applicant’s personal hardship is independent to
the recommendation of staff which is based on the hardship that the
property is substantially different from the properties in the district.
Staff responded that substantial difference is not based in relation to
neighboring properties, but to other parcels of land within the same
zoning district across the City.
The applicant, Jeff Polk, 1904 Industrial Blvd, Suite 104, came
forward and briefed the board.
Board member Carroll questioned the applicant regarding the
variance request for a building structure the applicant does not intend
to build soon and the extra area noted on the site plan. The applicant
responded that the home alone is slightly under the 20 percent
maximum lot coverage allowed and the variance request is for the
Zoning Board of Adjustment Minutes August 15, 2018
City of Colleyville Page 3
garage and the future accessory dwelling structure.
The public hearing was opened at 7:25 p.m.
Francis Gorman, 6001 Westcoat Drive, came forward before the board
and spoke in opposition to the case. He addressed concerns regarding
the location of a second story home on the lot, drainage, and privacy.
Board member Maynard made a comment to Mr. Gorman that the
request is for a single story house and not a second story home.
Board member Kamerman asked Mr. Gorman if the house he is
inquiring about is located at 1615 Westcoat Drive. Discussion
continued regarding the location of the property in question and Mr.
Gorman’s concerns.
The applicant, Jeff Polk, came forward before the Board for a rebuttal.
He addressed the concerns of Mr. Gorman and the Board.
Jason Adams, 6000 Colts Neck Dr., came forward before the Board
and spoke in opposition to the case. He addressed concerns regarding
the maintaining of the City’s rural feel.
John Pace, 6004 L.D. Lockett Rd., came forward before the Board and
spoke in opposition of the case. He addressed concerns regarding
drainage.
The applicant, Jeff Polk, came forward before the Board to address
the concerns of Mr. Pace.
There being no one else wishing to speak, the public hearing was
closed at 7:51 p.m.
Board member Maynard opened the board member’s discussion.
Board member Carroll questioned staff regarding the Board making a
decision based on the applicant’s personal hardship. Staff responded
that there is no reference to provide of a case law, but personal
disabilities have been used successfully for a ruling on an applicant’s
request for a variance.
Board member Carroll made a motion to approve Case VC18-
003. Board member Kamerman seconded.
The motion was carried by the following vote:
Zoning Board of Adjustment Minutes August 15, 2018
City of Colleyville Page 4
Aye: 5 – Kamerman, Vallario, Maynard, Carroll, and Holt
Nay: 0
2b Request for a variance to certain provisions of Section 3.24.G,
Schedule of District Regulations of the Land Development Code,
specifically the lot coverage and setback requirements, on Lot 30A,
Block 1, of Wescoat Place Addition, located at 5901 Westcoat Drive,
Case VC18-004
Ben Bryner presented the case and briefed the Board.
Board member Carroll questioned staff regarding what is located to
the north side of the property. Staff responded that there is a house
located to the north of the property. Board member Carroll
questioned staff on the distance the neighboring property is to the
subject property’s property line. Staff responded that he did not
know.
Board member Maynard questioned staff whether the request for the
variance is triggered by the roof for the patio. Staff confirmed
affirmatively. Board member Maynard questioned staff regarding the
roof line being in line with the roof of the house. Staff confirmed
affirmatively.
Board member Kamerman questioned staff whether the roofs to the
patio and the garage would be connected to the roof of the house.
Staff confirmed that they will and referred to the Site Plan Exhibit.
Board member Kamerman questioned Staff regarding the
requirements for the application to request to the City to enclose the
patio. Staff responded that the applicant would be required to submit
a permit application for Staff to review and then be required to
present the case before the Zoning Board of Adjust for approval.
Board member Deakin questioned Staff regarding the application
requiring a variance if the patio cover is not attached to the roof of
the house. Staff responded that the proposed plan would need to be
reviewed for distance requirement from the house, lot coverage, and
the setbacks to verify compliance to the Land Development Code.
The applicant, Jerry Graves, 5901 Westcoat Drive, came forward and
briefed the board.
Board member Maynard questioned the applicant regarding the
location of the driveway. The applicant responded that the driveway is
Zoning Board of Adjustment Minutes August 15, 2018
City of Colleyville Page 5
currently on L.D. Lockett Road and would remain there.
The public hearing was opened at 8:07 p.m.
There being no one wishing to speak, the public hearing was closed at
8:07 p.m.
Board Member Maynard opened for Board member’s discussion.
Board member Carroll commented that there is no justification for the
variance request presented and the property does not substantially
differ from the surrounding areas. Board member Kamerman added
that these properties are smaller than their current designated zoning
standard allows. Discussion continued regarding zoning and lot size.
Board member Carroll made a motion to deny Case VC18-004.
In absence of a second motion, the motion died.
Board member Maynard made a motion to approve Case VC18-
004. Board member Vallario seconded.
The motion was carried by the following vote:
Aye: 4 –Vallario, Kamerman, Maynard, and Holt
Nay: 1 - Carroll
3.ADJOURNMENT
The meeting adjourned at 8:12 p.m.
Minutes were written and prepared by:
Araceli Botello
Planning Technician
The meeting minutes were approved on October 8, 2019, by a vote of 5-0.