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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-7/14/2020 City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 14, 2020 City Council Chambers CALL TO ORDER The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Carroll on July 14, 2020, at 6:30 p.m. Roll Call Present: Richard Vallario, Dee Kamerman, Frank Carroll, Michael Deakin, and Taylor Anderson Absent: Dan Shadle Staff Present: Ben Bryner, Jacquelyn Reyff, and Araceli Botello Also Present: Attorney, Nicole Corr The Board adjourned into an executive session at 6:32 p.m. The Board reopened the meeting at 6:46 p.m. Chair Carroll adjourned the Zoning Board of Adjustment Meeting at 6:47 p.m. CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Chair Carroll on July 14, 2020 at 7:00 p.m. Roll Call Present: Richard Vallario, Dee Kamerman, Frank Carroll, Michael Deakin, and Taylor Anderson Absent: Dan Shadle Staff Present: Ben Bryner, Jacquelyn Reyff, and Araceli Botello Also Present: Attorney, Nicole Corr Zoning Board of Adjustment Minutes July 14, 2020 City of Colleyville Page 2 1. APPROVAL OF MINUTES 1a Zoning Board of Adjustment Meeting Minutes – October 8, 2019 Board member Vallario made a motion to approve the October 8, 2019 Zoning Board of Adjustment Meeting Minutes. Board member Deakin seconded. The motion was carried by the following vote: Aye: 5 –Vallario, Kamerman, Carroll, Deakin, and Anderson Nay: 0 2. PUBLIC HEARING AGENDA ITEMS 2a Request for an Appeal concerning interpretation or administration of a regulation of the Land Development Code, specifically appealing to allow infant swim lessons as a home occupation on Lot 2R, Block 2, of the of the Woodbriar Estates Addition, located at 417 Woodbriar Court, Case VC20-002 Chair Carroll stated that the hearing was to determine if staff’s interpretation of the Land Development Code was correct. The applicant, Jennifer DeLaCruz, 417 Woodbriar Court, Colleyville, TX, came forward and expressed her reasoning for conducting the business from her home. Mrs. DeLaCruz highlighted drowning statistics amongst young children, COVID-19’s impact on facilities that offer similar services, and being unaware of the City’s regulations as reasons why the business was operated from her home. The lawyer of the applicant, Paul Wieneskie, 1300 Summit Avenue, Suite 650, Fort Worth, TX, came forward and expressed that staff’s interpretation of the Land Development Code was incorrect. Mr. Wieneskie highlighted that admission was not charged and that the clientele were invited guests. Jacquelyn Reyff presented the case and briefed the Board. Ms. DeLaCruz came forward and answered questions of the Board regarding charging for the provided service. Mr. Wieneskie came forward and answered questions of the Board regarding when the applicant preferred the vote to take place and a Zoning Board of Adjustment Minutes July 14, 2020 City of Colleyville Page 3 potential ongoing violation of an ordinance. Attorney, Nicole Corr, answered questions of the Board regarding whether the vote could happen at the meeting in session. Staff answered questions of the Board regarding their interpretation of infant swim lessons being an appropriate use based on code. The public hearing was opened at 7:29 p.m. Bruce Bell, 158 Winchester Drive, Euless, TX, came forward and spoke in support of the case. Mr. Bell expressed the service saves lives. Katie Gatzke, 3205 Eaton Circle, Colleyville, TX, came forward and spoke in support of the case. Ms. Gatzke expressed the service was beneficial to children with special needs that have limited options for this specific service. John Wright, 4224 Chestnut Street, Fort Worth, TX, came forward and spoke in support of the case. Mr. Wright expressed the service was needed due to its importance in helping children. Hailey Nolaslo, 806 Majestic Oaks Court, Mansfield, TX, came forward and spoke in support of the case. Ms. Nolaslo expressed the service was efficient, professional, and important to the community. Chair Carroll expressed that the Board had no power to change the ordinance. Courtney Kalloway, 3302 McKamy Oaks Trail, Arlington, TX, came forward and spoke in support of the case. Ms. Kalloway expressed the service was impactful for young children. Kristi Rodriguez, 2106 Highland Meadow Drive, Colleyville, TX, came forward and spoke in support of the case. Ms. Rodriguez expressed the hope for the applicant to receive an extension on conducting her business. Jeff Lenhart, 412 Woodbriar Court, Colleyville, TX, came forward and spoke in opposition of the case. Mr. Lenhart expressed concern regarding the traffic caused by the business. Janet Lenhart, 412 Woodbriar Court, Colleyville, TX, came forward and spoke in opposition of the case. Mrs. Lenhart expressed concern Zoning Board of Adjustment Minutes July 14, 2020 City of Colleyville Page 4 regarding the business not operating in a building, short session times, and the suitability of the business in a residential location. Ernest Reynolds III, 413 Woodbriar Court, Colleyville, TX, came forward and spoke in opposition of the case. Mr. Reynolds III expressed concern regarding the noise level created by the business. With no one else wishing to speak, the public hearing was closed at 7:54 p.m. Mr. Wieneskie came forward and expressed to the Board that swim lessons were not in the list of excluded uses. Chair Carroll expressed that the car traffic was a potential issue. Board member Deakin expressed that swim lessons were not in the list of excluded uses. Alternate member Anderson expressed that the interpretation of the code could include swim lessons. Mrs. DeLaCruz came forward and answered questions of the Board regarding traffic being impacted by the length of sessions, activities for children while waiting, and certification to teach lessons. Board member Deakin a motion to approve Case VC20-002. Alternate member Anderson seconded the motion. The motion failed by the following vote: Aye: 2 – Deakin and Anderson Nay: 3 – Vallario, Kamerman, and Carroll 3. ADJOURNMENT The meeting adjourned at 8:10 p.m. Zoning Board of Adjustment Minutes July 14, 2020 City of Colleyville Page 5 Minutes were written and prepared by: Dakari Hill Planner The meeting minutes were approved on May 10, 2022 by a vote of 5-0.