Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-10/9/2012 City of Colleyville City Hall 100 Main Street Zoning Board of Colleyville, Texas 76034 817. 503.1000 Adjustment www.colleyville.com Minutes Tuesday, October 9, 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 October 9, 2012 at 7:00p.m. Roll Call Present: Board members John Okray and Dee McNosky Absent: Board membersJim Gotcher, Skip Reynolds, Tracy Doyle, Eric Hulet (Alternate 1)and Michael Dunham (Alternate 2) Staff Present:Amy Shelley, Taci Wrisley, Kim Roby and City Attorney Cathy Cunningham 1.RECOGNITION OF OUTGOING MEMBERS Tracy Doyle, Place 1 Skip Reynolds, Place 2 Jim Gotcher, Place 3 Eric Hulet, Alternate 1 Michael Dunham, Alternate 2 Chairman McNosky recognized the outgoing members and thanked them for their service on the Boards. 2.SWEARING IN OF NEWLY APPOINTED MEMBERS Piers Chance, Place 1 Jason Elms, Place 2 Mike Leathers, Place 3 Mark Collier, Alternate 1 Judson Orlando, Alternate 2 Recording Secretary Amy Shelley administered the Oath of Office to the newly appointed members. Upon the Oath of Office, the newly appointed Board members took their seats at the diaz. City of Colleyville Page 1 Zoning Board of AdjustmentMinutesOctober 9, 2012 The roll now reflects: Present: Board members Piers Chance, Jason Elms, Mike Leathers, John Okray, Dee McNosky, Mark Collier, Alternate 1 and Judson Orlando, Alternate 2 3.APPROVAL OF MINUTES Board member Okray moved to approve the September 11, 2012 meeting minutes as written. Board member Elmsseconded. The motion carried by the following vote: Aye: 5 –Chance, Elms, Leathers, Okray, and McNosky 4.ELECTION OF OFFICERS Chairman Vice-Chairman Recording Secretary Board member Leathers moved to elect Dee McNosky as the Chairman. Board member Chance seconded. The motion carried by the following vote: Aye: 5 –Chance, Elms, Leathers, Okray, and McNosky Chairman McNosky moved to elect Mike Leathers and John Okray as the Vice- Chairman. Board member Chance seconded. Mike Leathers accepted the nomination. The motion carried by the following vote: Aye: 5 –Chance, Elms, Leathers, Okray, and McNosky Chairman McNosky moved to elect Amy Shelley as the Recording Secretary. Board member Chance seconded. The motion carried by the following vote: Aye: 5 –Chance, Elms, Leathers, Okray, and McNosky City of Colleyville Page 2 Zoning Board of AdjustmentMinutesOctober 9, 2012 5.PUBLIC HEARING AGENDA ITEMS 5aCase VC12-012 -PUBLIC HEARING -Request for a variance from the side yard setback requirements ofthe Land Development Code on Lot 1, Block 1, of the Abrams and Hawkins Addition located at 305 Glade Road Amy Shelleypresented the case and briefed the Board members. Board member McNosky opened the public hearing at 7:12 p.m. Bobby Tuley,representingthe property owners, and builder for the subject property, came forward to present the case and brief the Board members. Steve Whittle, 309 Glade Road, spoke in opposition to this request. He explained that he would prefer the builder to construct the home further back on the lot so that his view is not obstructed. Mr. Tuley explained the current setbacks for the proposed structure with regard to the neighbors existing home. Chairman McNosky questioned Mr. Tuley regarding what is the setback for the neighbor’s home and the proposed structure? Mr. Tuley replied not knowing exactly but that the new structure will more than likely be about 15 feet. Mr. Tuley and Mr. Whittle discussed the existing structure, the addition to it and the current setbacks. Board member Okray questioned Mr. Whittle regarding if a fence is constructed, will that help the situation? Mr. Whittle replied that they hope that the fencing will be back further to keep the open feel. Board member Elms questioned Mr. Tuley regardingthe building line setbacks. Mr. Tuley replied that when the property was rezoned, that is when he found out about the setbacks. Board member Elms questioned Mr. Tuley regarding if the building line setbacks were found out during the minor plat process. Mr. Tuley replied no, it was after. Chairman McNosky questioned Mr. Tuley regarding if the property was rezoned. Mr. Tuley replied no and questioned staff regarding the zoning. Amy Shelley explained that the property was zoned R40 before the time of platting therefore the building lines were already established prior to platting. Board members Elms questioned staff regarding if the building line setbacks were reflected on the plat as 15 feet. Amy Shelley explained that side City of Colleyville Page 3 Zoning Board of AdjustmentMinutesOctober 9, 2012 setbacks are not reflected on a plat exhibit, only front yard setbacks are reflected, unless it is a corner lot, and then the front and side are indicated on the plat exhibit. Board member Chance stated that the setbacks adhered to the existing zoning even though the setbacks were not indicated on the plat. Amy Shelley concurred. Board member Elms questioned Mr. Whittle regarding if the space concerns could be addressed if the foot print of the home is flipped to where the driveway is on your side. Mr. Whittle replied that his wife would rather have the driveway there instead of the house. Mr. Tuley stated that it would require making major changes to the layout of the house. He stated that he does not want the garage at the front of the house. Board member McNosky closed the public hearing at 7:30p.m. Board member Chance stated that the lot is tight. Board member Chance moved to deny case VC12-012.Board member Leathersseconded. The motion to deny carried by the following vote: Aye: 5 –Chance, Elms, Leathers, Okray, and McNosky 5bCase VC12-013 -PUBLIC HEARING -Request for variances to Chapter 4 – Landscaping regarding landscaping requirements; Chapter 3 –Land Use regarding building setbacks, parking, and legal non-conforming building restrictions of the LandDevelopment Code on Tracts 3C5 and 3C6, Abstract 963 of the Absalom J Lott Survey located at 6605 Colleyville Boulevard Amy Shelley presented the case and briefed the Board members. Board member McNosky opened the public hearing at 7:38 p.m. Eliseo Calzoncin, the applicant and property owner, came forward to present the case and brief the Board members. Board member Leathers questioned staff regarding the parking spaces, are they legal non-conforming. Amy Shelley replied yes. Chairman McNosky questioned staff regarding if the entire building is legal non-conforming. Amy Shelley concurred. City of Colleyville Page 4 Zoning Board of AdjustmentMinutesOctober 9, 2012 Mr. Calzoncin stated that he does not have customers who come in off the street and he further stated that he has office staff that will be parking there. Board member Orlando questioned Mr. Calzoncin regarding the future expansion of Colleyville Boulevard and the impact on the parking. Mr. Calzoncin explained that the parking will be impacted but that he will be able to work around it given that he only has a fewemployees that will be parking there. Board member Orlando questioned staff regarding if parking in the back is an option. Amy Shelley replied no, it would have to be on the subject property. Board member Orlando questioned staff regarding if access could be made from Ross Downs rather than Colleyville Boulevard. Amy Shelley stated that with the future expansion of Colleyville Boulevard, TxDot is proposing to eliminate the driveway access to the subject property and move it down to the Ross Downs driveway. She further explained that the applicant has to comply with the parking requirements that are currently in place and that when or if Colleyville Boulevard is expanded, and then staff will evaluate his parking needs at that time. Mr. Calzoncin stated he would be willing to do whatever is necessary to accommodate the parking. Board member McNosky closed the public hearing at 7:46 p.m. Board member Collier questioned staff regarding Ross Downs access for parking. City Attorney Cathy Cunningham explained that this is private property and not an option on the table. Board member Chance moved to approve case VC12-013 with regard to the legal-nonconforming requirement. Board member Leathers seconded. The motion to approve carried by the following vote: Aye: 5 –Chance, Elms, Leathers, Okray, and McNosky Board member Chance moved to approve case VC12-013 with regard to the building setback requirements. Board member Elms seconded. The motion to approve carried by the following vote: Aye: 5 –Chance, Elms, Leathers, Okray, and McNosky City of Colleyville Page 5 Zoning Board of AdjustmentMinutesOctober 9, 2012 Board member Chance moved to approve case VC12-013 with regard to the landscaping and parkingrequirements.Board member Leathersseconded. The motion to approve carried by the following vote: Aye: 5 –Chance, Elms, Leathers, Okray, and McNosky 6.ADJOURNMENT The meeting adjourned at 7:53p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved on November 13, 2012 by a vote of6-0. City of Colleyville Page 6