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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-10/09/2018 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 Tuesday, October 9, 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 Kamerman on October 9, 2018 at 7:00 p.m. Roll Call Present: Board members Dee Kamerman, Michael Deakin, and Frank Carroll Absent: Board member Richard Vallario Staff Present: Ben Bryner, Jacquelyn Reyff, and Araceli Botello 1. SWEARING IN OF NEWLY APPOINTED MEMBERS Dan Shadle – Place 3 Sayeda Syed – Alternate 1 2. ELECTION OF OFFICERS Board member Kamerman made a motion to appoint Board member Carroll as Chair. Board member Shadle seconded. The motion was carried by the following vote: Aye: 5 – Syed, Shadle, Kamerman, Carroll, and Deakin Nay: 0 Board member Carroll made a motion to appoint Board member Kamerman as Vice Chair. Board member Deakin seconded. The motion was carried by the following vote: Aye: 5 – Syed, Shadle, Kamerman, Carroll, and Deakin Nay: 0 Zoning Board of Adjustment Minutes October 9, 2018 City of Colleyville Page 2 3. PUBLIC HEARING AGENDA ITEMS 3a Request for a variance to certain provisions of Section 3.26, Fences, Free Standing Walls, and Screening Materials on Lot 1, of the Oak Crest Hill Addition, located at 404 Oak Crest Hill Drive, Case VC18- 005 Jacquelyn Reyff presented the case and briefed the Board. Board member Deakin questioned staff if placing a partially solid fence with plantings is allowed. Staff confirmed and added that a privacy fence cannot be placed at the property line. If it is no more than 25 percent opaque it would not be considered a privacy fence. Board member Carroll questioned staff if the use of posts, wrought iron, or chain link fence with landscaping is allowed while maintain the 25 percent opaque regulation for screening. Staff confirmed and added that the fence can be no more than 25 percent opaque. Landscape screening is not regulated. Board member Kamerman referred to the photo exhibits on the presentation and questioned staff if the applicant has built and placed the fence in the requested location. Staff confirmed and added that the applicant applied for a fence permit but the fence was placed in an unauthorized location. Board member Kamerman questioned staff if the fence had to be shorter or different. Staff responded that a privacy fence of 30 inches in height or a fence no more than 25 percent opaque would be allowed. The applicants, Sergio and Marla Valle, 404 Oak Crest Hill Drive, came forward and briefed the board. Board member Deakin questioned the applicant if they intended on placing a gate in the fence facing Bransford Road. The applicant confirmed. Board member Shadle questioned the applicant about pouring a slab to make a long driveway to Oak Crest Hill Drive. The applicant confirmed. Board member Shadle questioned the applicant when they would construct the driveway. The applicant responded that he would need to submit a permit and he referred to the photo exhibits provided by the applicant. Board member Kamerman question the applicant on the type of driveway he proposed to construct. The applicant responded that he proposed to construct a long driveway that extends from Oak Crest Zoning Board of Adjustment Minutes October 9, 2018 City of Colleyville Page 3 Hill Drive to the garage. Board member Kamerman questioned the applicant regarding the driveway that extends to Bransford Road. The applicant responded that he intends to close the fence on Bransford Road and no longer use that driveway. Discussion continued regarding the location of the fence and the construction of the driveway. Board member Shadle questioned the applicant whether he would be opposed to having a chain-link fence in lieu of the current fence. The applicant responded that he is opposed to a chain-link fence due to his pool being visible from the road. Board member Kamerman added that the applicant would have the secondary fence enclosing the pool. The applicant responded that the second fence enclosing the pool would be removed. Board member Syed questioned the applicant regarding the height of the two fences on the property. The applicant responded that the inner fence is 6 feet tall and the new fence is 8 feet tall. Board member Carroll informed the applicant that the Board grants variances in accordance to Texas law with specific requirements, those being that there is a condition of the property that results in an unnecessary hardship and that the condition is different from the other properties in the district to be considered and therefore questioned the applicant how this applied to his request. The applicant responded that the location and view of his garage to the road, the slope of the land, traffic, and the fencing of the neighboring properties all are hardships. The public hearing was opened at 7:37 p.m. Gary West, 104 Oak Valley Drive, came forward before the board and spoke in opposition to the case. Mr. West address concerns regarding road safety, traffic, and driveway access. Joseph Heyne, 5604 Bransford Road, came forward before the board and spoke in opposition to the case. Mr. Heyne addressed concerns regarding visibility to his driveway and road safety. The applicants, Sergio and Marla Valle, 404 Oak Crest Hill Drive, came forward before the board for a rebuttal. Mr. Valle addressed the concern of Mr. Heyne. Board member Kamerman referred to Exhibit 1B and questioned the applicant regarding the number of trees that would need to be Zoning Board of Adjustment Minutes October 9, 2018 City of Colleyville Page 4 removed to construct the driveway onto Oak Crest Hill Drive. The applicant responded that about 6 trees would need to be removed. Discussion continued regarding the removal of trees and construction of the driveway. Board member Syed questioned staff if the applicant would be allowed to replace the inner old fence from 6 feet to 8 feet and remove the new fence. Staff responded that the applicant could and would only be required to submit a new permit to replace the inner fence from 6 feet to 8 feet. Mrs. Valles responded that replacing the inner fence’s height would not provide the privacy and protection for the garage and her family. There being no one else wishing to speak, the public hearing was closed at 7:42 p.m. Board member Carroll made a motion to deny Case VC18-005. Board member Shadle seconded. The motion was carried by the following vote: Aye: 5 – Syed, Shadle, Carroll, Kamerman, and Deakin Nay: 0 4.ADJOURNMENT The meeting adjourned at 7:50 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.