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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-4/10/2012City of Colleyville City Hall Zoning Board of 100 Main Street Colleyville, Texas 76034 Adjustment 817. 503.1000 www.colleyville.com Minutes Tuesday, April 10, 2012City Council Chambers Call to Order The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNoskyon April 10, 2012 at 7:00 p.m. Roll Call Present: Board members John Okray, Jim Gotcher, Tracy Doyle, Michael Dunham (Alternate 2)and Dee McNosky Absent: Board membersSkip Reynolds and Eric Hulet (Alternate 1) Staff Present:Ron Ruthven and Amy Shelley 1.APPROVAL OF MINUTES Board member Doylemoved to approve the March 13, 2012meeting minutes as written. Board member Gotcherseconded. The motion carried by the following vote: Aye: 5–Okray, Gotcher, Doyle, Dunham and McNosky 2.PUBLIC HEARING AGENDA ITEMS 2aRequest for a variance from the side yard setback requirements on Lot 4, Block 8, of the Woodbriar Estates Addition located at 3809 Oakbriar Lane, Case VC12-002 Amy Shelley presented the case and briefed the Board members. Board memberMcNoskyopened the public hearing at 7:04 p.m. Sam Noel, the applicantand contractor,came forward to present the case and brief the Board members. Barry Whitmore, 3805 Oakbriar, spoke in opposition to this request and stated having concerns for drainage. City of Colleyville Page 1 Zoning Board of AdjustmentAgendaApril 10, 2012 Mike Diver, the property owner, came forward to present the case and brief the Board members. He stated he understood the neighbors concerns about the drainage and statedthat the issue with water is coming from the neighbors in the rear not the subject property. Lisa Polk, 3813 Oakbriar, spoke in favor of the request and stated that the drainage issues are coming from the properties to the rear of the subject property. Board member Okray questioned the property owner, Mr. Diver, regarding the approximate square footage of the buildings. Mr. Diver replied that the home is 2,600 square feet and the addition, including the workshop is 1,400 square feet. Mr. Noel included that the building is less than 10 feet from the existing structure therefore it is considered attached and that is why they have to comply with the setback requirements. He further added that had they moved the structure at least 10 feet away from the primary structure then they could have constructed the addition within five feet of the property line. Board member Doyle questioned Mr. Whitmore regarding the issue of the encroachment. Mr. Whitmore explained that the slab needs to be graded away from and by placing that structure within the 10 foot setback, and then the drainage area becomes smaller which forces the water closer to his home. Discussion occurred between Board member Gotcher and Mr. Whitmore regarding the drainage issue prior to the retaining wall being constructed. Board member Gotcher questioned Mr. Noel regarding how the gutters on the new structure will direct the water to the street. Mr. Noel replied that the entire structure will have gutters which will then feed down the concrete driveway as well as through the concrete gutter along the property line. Discussion occurred between Board member McNosky and Mr. Noel regarding the foundation, the wall and the drainage. Board member McNosky questioned staff regarding if the foundation isthe issue being discussed. Ron Ruthven replied that the foundation does encroach on the building setback. However, he stated that there are exceptions for open canopy structures on a side yard. He stated that if the wall is moved back to the 10 foot line, the roof could be left attached and the slab could remain, with support columns, and it would therefore meet the code requirements. Board member McNosky stated, for clarification, that the slab is not the concern; it is the wall that is facing the side yard. Ron Ruthven replied correct. Board member McNosky stated there is a long standing drainage issue in this City of Colleyville Page 2 Zoning Board of AdjustmentAgendaApril 10, 2012 neighborhood. She stated that there is an opportunity for extra efforts to be taken to remedy the drainage issues. Mr. Noel replied that itcould be a possibility. He stated that the property owner would need to confirm that possibility. Mr. Diver nodded in favor. Board member Dunham stated that moving the wall will not affect the drainage. Mr. Noel stated that he would do anything that is necessary to improve the drainage at an Engineer’s request. Mr. Whitmore stated that he had hoped that the building would have been constructed according to the code. Board member Gotcher stated that if the wall is moved, the drainage situation is not going to be resolved. Mr. Whitmore stated that anything that can be done to protect his home would be greatly appreciated. Mr. Diver stated that he felt like the retaining wall and the side wall, along with the driveway, will help with the drainage issues.He stated the water comes from the neighbor in the back of the subject property. Ron Ruthven explained to the Board members that while drainage can be an issue, he stated that the slab can still remain in place even if the variance is not granted.He stated the variance before the Board is for the setback encroachment of the exterior wall not the slab. Board member Okray stated that if the Engineer’s study states that modifications have to be made, then modifications will have to be made, correct? Ron Ruthven replied yes. Mr. Noel assured the Board members that his Engineer will be reengaged this week to assess the situation. Board member Gotcher questioned staff regarding the plans will have to meet the Engineer’s requirements, regardless, correct? Ron Ruthven replied yes. Mr. Whitmore stated that before construction began, these guidelines should have been met. Board member Gotcher questioned Mr. Whitmore regarding what he would suggest. Mr. Whitmore stated that he would saw cut the slab and move the wall back. Board member McNosky questioned staff regarding if this structure meets all of the other code requirements. Ron Ruthven replied yes. City of Colleyville Page 3 Zoning Board of AdjustmentAgendaApril 10, 2012 Board member Gotcher stated that if this structure was a porta-cache or an open patio, then this structure could go within five feet of the property line. Ron Ruthven replied yes. Board member Doyle questioned staff regarding if there are any easements on the side property line. Ron Ruthven replied no, just at the rear. Board member Okray questioned Mr. Noel regarding if there is an HOA that has any deed restrictions. Mr. Noel replied no. There being no one wishing to speak, the public hearing was closed at 7:49 p.m. Board member Gotcher stated that he feels that the property owner should not be penalized to have to move a wall that will not do anything to the drainage. He stated that to move the wall is foolish, in his opinion. Board member McNosky concurred and stated that maybe staff can address the drainage issues. Board member Gotcher moved to approve case VC12-002 as requested. Board member McNoskyseconded. The motion to approve failed by the following vote: Aye: 3–Okray, Gotcher, McNosky Nay: 2 –Doyle, Dunham 3.ADJOURNMENT The meeting adjourned at 7:52 p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meetingminutes were approved on May 8, 2012 by a vote of 5-0. City of Colleyville Page 4