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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-8/14/2012 (2)City of Colleyville City Hall Zoning Board of 100 Main Street Colleyville, Texas 76034 Adjustment 817. 503.1000 www.colleyville.com Minutes Tuesday, August 14, 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 August 14, 2012 at 7:00p.m. Roll Call Present: Board members John Okray, Jim Gotcher, Tracey Doyle, Eric Hulet (Alternate 1), and Dee McNosky Absent: Board members Skip Reynoldsand Michael Dunham (Alternate 2) Staff Present:Ron Ruthven, Amy Shelley and Kim Roby 1.APPROVAL OF MINUTES Board member Doyle moved to approve the July 10, 2012 meeting minutes as written. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5 –Okray, Gotcher, Doyle, Hulet, and McNosky 2.PUBLIC HEARING AGENDA ITEMS 2aCase VC12-007 –Request for a variance from the rear yard setback requirements on Lot 1, Block 4, of the Longwood Estates at Ross Downs Addition located at 6907 Longwood Drive Amy Shelley presented the case and briefed the Board members. Board member McNosky opened the public hearing at 7:03p.m. John Boyett,the property owner, came forward to present the case andbrief the Board members. Board member Gotcher questioned Mr. Boyett regarding if the neighbor has City of Colleyville Page 1 Zoning Board of AdjustmentMinutesAugust 14, 2012 offered any feedback. Mr. Boyett replied yes, and that she is in favor of the location of the pergola. Board member McNosky questioned Mr. Boyett regarding if there is a Homeowner’s Association. Mr. Boyett replied no. Board member McNosky closed the public hearing at 7:05p.m. Board member Doyle moved to approve case VC12-007as requested. Board member Huletseconded. The motion carried by the following vote: Aye: 5 –Okray, Gotcher, Doyle, Hulet, and McNosky 2bCase VC12-008 –Request for a variance from the front yard setback requirements on the N200’ of Lot 4A, Block 1, of the Andy Felps Addition located at 4001 Colleyville Boulevard Amy Shelley presented the case and briefed the Board members. Board member McNosky opened the public hearing at 7:09p.m. Florentino Velasquez,the applicant and property owner, came forward to present the case and brief the Board members. Board member Okray questioned staff regarding if the adjacent property has trucks parked on the walkway. Ron Ruthven explained that the walkway does not continue onto the adjacent property. He further explained that there should not be any parking in the right-of-way. Board member Okray questioned staff regarding if the sign has moved. Ron Ruthven replied no, the sign has not moved. Board member Hulet questioned staff regarding if the sign was constructed prior to the widening of SH26. Ron Ruthven explained that the sign is right on the new property line and therefore is a legal non-conforming use. Board member Hulet questioned staff regarding if the building was non- conforming before the State obtained right-of-way. Ron Ruthven replied yes and explained the plat and the building line setbacks for the zoning district. Board member Gotcher commended the applicant for the attractiveness of the patio covering. City of Colleyville Page 2 Zoning Board of AdjustmentMinutesAugust 14, 2012 Board member Hulet stated having concerns about the fact that the stop work order was issued but that he continued to keep working. Mr. Velasquez stated there was a communication issue on his end with his contractor. Board member McNosky closed the public hearing at 7:23p.m. Board member McNosky commended the applicant for the work that has been done to make the property more attractive. She further stated that this has been a difficult area to develop for Colleyville. Board member Gotcher concurred with Board member McNosky and further stated that this should help this business remain in Colleyville. Board member Gotcher moved to approve case VC12-008as requested. Board member Huletseconded. The motion carried by the following vote: Aye: 5 –Okray, Gotcher, Doyle, Hulet, and McNosky 2cCase VC12-009-Request for a variance to the lot coverage requirements by buildings in Chapter 3 -Land Use of the Land Development Code on Lot 2, Block 1, of the Lavaca Parc Addition located at 6208 Lantana Court Amy Shelley presented the case and briefed the Board members. Board member McNosky opened the public hearing at 7:28p.m. Eddie Hopkins,the applicant and property owner, came forward to present the case and brief the Board members. Board member Okray questioned Mr. Hopkins regarding if there is a Homeowner’s Association. Mr. Hopkins replied yes and that he has received their approval. Board member Gotcher questioned staff regarding if there are other homes in this subdivision that are over the lot coverage percentage. Ron Ruthven explained that the homes constructed in this subdivision are compliant with the lot coverage requirements. Mr. Hopkins explained that when they calculated the homes, they included the total area under roof, including the second floor. Board member Doyle questioned staff regarding if this request is denied by the Board, whatwill happen after that? Ron Ruthven explained that the City of Colleyville Page 3 Zoning Board of AdjustmentMinutesAugust 14, 2012 action would be final unless they appeal the request to State District Court. He further explained that staff will consider a code amendment regarding lot coverage percentage requirements. Board member Gotcher stated that it appears that Mr. Hopkins has support from his neighbors. Lynn Hopkins, the applicant and property owner, came forward to explain that the adjacent homes in the rear are all smaller homes and that they cover up a lot of the lots. Mr. Hopkins further adds that most of the lots surrounding this subdivision have a different lot coverage percentage, which allows for greater than what the R20 zoning district allows. He explained that the greatest need is for the handicap accessibility for his wife. Board member McNosky closed the public hearing at 7:43p.m. Board member Gotcher moved to approve case VC12-009as requested. Board member Huletseconded. Board member McNosky stated that this Board is the relief valve for instances such as these. The motion carried by the following vote: Aye: 5 –Okray, Gotcher, Doyle, Hulet, and McNosky 2dCase VC12-010 –Request for a variance to the lot coverage requirements by buildings in Chapter 3 –Land Use of the Land Development Code on Lot 8, Block A, of the Covington Addition located at 715 Duns Tew Path Amy Shelley presented the case and briefed the Board members. Board member McNosky opened the public hearing at 7:46p.m. William Hohmanm, the property owner, came forward to present the case and brief the Board members. Board member McNosky questioned staff regarding if the rules changed or did the interpretation change. Ron Ruthven explained that staff has interpreted the code differently in the past, however, since 2010, staff has maintained the interpretation as presented this evening. Baord member Okray questioned Mr. Hohmanm regarding if the space will be air conditioned. Mr. Hohmanm replied no. City of Colleyville Page 4 Zoning Board of AdjustmentMinutesAugust 14, 2012 Board member Okray stated that this would not have qualified under the old interpretation. Ron Ruthven concurred. Board member Gotcher questioned staff regarding if this building will go beyond the rear building line. Ron Ruthven explained that accessory buildings are allowed to extend beyond the building setback as long as they are setback at least 10 feet from the primary structure. Board member McNosky closed the public hearing at 7:53p.m. Board member Hulet moved to approve case VC12-010as requested. Board member Gotcherseconded. The motion carried by the followingvote: Aye: 5 –Okray, Gotcher, Doyle, Hulet, and McNosky 3.ADJOURNMENT The meeting adjourned at 7:54p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved by a vote of5-0at the September 11, 2012meeting. City of Colleyville Page 5