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.
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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
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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
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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.
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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
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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.
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