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.
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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
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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.
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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.
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