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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-09/10/2013 City of Colleyville City Hall Zoning Board of 100 Main Street Colleyville, Texas 76034 Adjustment 817. 503.1000 www.colleyville.com Agenda Tuesday, September 10, 2013City Council Chambers 7:00 PM CITY COUNCIL CHAMBERS THIRD FLOOR CALL TO ORDER PLEDGE OF ALLEGIANCE 1.SWEARING IN OF NEWLY APPOINTED MEMBER Mike Patino, Alternate 2 2.APPROVAL OF MINUTES August 14, 2013 3.PUBLIC HEARING AGENDA ITEMS 3aRequest for a variance to the rear yard setback requirements of the Land Development Code on Lot 55, of the Pecan Park Estates Addition, located at 6201 Ponderosa Street, case VC13-011. 4.ADJOURNMENT I hereby certify thisagenda was posted on City Hallbulletin boardsSeptember 6, 2013by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. City of Colleyville Page 1 Zoning Board of AdjustmentAgendaSeptember 10, 2013 If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 2 City of Colleyville City Hall Zoning Board of 100 Main Street Colleyville, Texas 76034 Adjustment 817. 503.1000 www.colleyville.com Minutes Wednesday, August 14, 2013City Council Chambers Call to Order The Zoning Board of Adjustment meeting of theCity of Colleyville was called to order by Board member McNoskyon August 14, 2013 at 7:06p.m. Roll Call Present: Board membersJason Elms, Mark Collier, Judson Orlando, and Dee McNosky Absent: Board memberLarry Kainer (Alternate 1), Mike Patino (Alternate 2), and Mike Leathers Staff Present:Ron Ruthven and Taci Wrisley 1.SWEARING IN OF NEWLY APPOINTED MEMBER The swearing in of newly appointed member, Mike Patino (Alternate 2), did not take place as Mr. Patino was absent from this meeting. 2.APPROVAL OF MINUTES Board member Elms moved to approve the May 15, 2013 meeting minutes as written. Board member Collier seconded. The motion to approve the minutes as written carried by the following vote: Aye: 4 –Elms, Collier, Orlando, andMcNosky 3.PUBLIC HEARING AGENDA ITEMS 3aConsiderationof a variance to the rear yard setback requirements of the Land Development Code regarding swimming pools on Lot 15, Block B, of the Cambridge Place Addition, located at 717 Creekview Lane, case VC13-009. Ron Ruthven presented the case and briefed the Board. City of Colleyville Page 1 Zoning Board of AdjustmentMinutesAugust 14, 2013 The public hearing was opened at 7:10 p.m. The applicant was not present for questions. Board member Orlando questioned staff regarding whether the approval of this variance would set precedentfor others. Ron Ruthven replied no. He further explained the Board takes variances on a case-by-case basis. Discussion occurred amongst the Board and staff regardingwhether or not a hardship existed in this case. There being no one wishing to speak, the public hearing was closed at 7:14 p.m. Board member Elmsmade a motion to approve case VC13-009. Board member Collier seconded. The motion to approve case VC13-009carried by the following vote: Aye: 4 –Elms, Collier, Orlando, and McNosky 3bConsiderationof a variance to the fence requirements in Section 3.26 in the Land Development Code on Lot 1, Block 1, of the Toth Addition, located at 5001 Montclair Drive, case VC13-010. Ron Ruthven presented the case and briefed the Board. The public hearing was opened at 7:19 p.m. Steve Gumm, the applicant, came forward and briefed the Board. Tony Seris, 5000 Montclair Drive, came forward and spoke in support of this case. There being no one else wishing to speak, the public hearing was closed at 7:31 p.m. Board member Elms questioned Mr. Gumm regarding the specifics of the variance; Was he okay with adjusting the fence for the visibility triangle?; Beyond the 40 foot front buildingline, was he requesting to leave the fence solid masonry? Mr. Gumm replied correct. Board member Orlando questioned staff regarding whether the request was for one variance or multiple. Ron Ruthven replied the City of Colleyville Page 2 Zoning Board of AdjustmentMinutesAugust 14, 2013 Board could make that determination. Board member Collier questioned staff regarding whether there was a precedent on Montclair Drive or Glade Road for fences such as the one in question. Ron Ruthven replied yes. He further explained there is precedent all over the city. Board member Orlando questioned staff regarding whether the section of fence along Glade Road from the 40 foot front building line to the rear of the property was part of the variance. Ron Ruthven replied no. He further explained this section of the fence is legal. Discussion occurred between the Board and staff regarding the 15 footof fencebetween the visibility triangle and the 40 foot front building line. Ron Ruthven explained while there were no renderings of the future widening of Glade Road, the roadway would be closer to the fence and question. He further explained this is why the visibility triangle would be important in this case. Board member McNosky questioned staff regarding whether the required 15 foot visibility triangle would be enough distance. Ron Ruthven replied yes. Board member Orlandomade a motiontoapprove the fence height, in the current condition, of three (3) foot forcase VC13-010.Board member Elms seconded. The motion to approvethe fence height, in the current condition, of three (3) foot carried by the following vote: Aye: 4 –Elms, Collier, Orlando, and McNosky Board member Collier made a motion to approvethe variance tothe solid fence construction, in the current condition, along Glade Road, subject to the visibility trianglefor case VC13- 010. Board member Elms seconded. The motion to approve thevariance to thesolid fence construction, in the current condition, along Glade Road, subject to the visibility triangle carried by the following vote: Aye: 4 –Elms, Collier, Orlando, and McNosky City of Colleyville Page 3 Zoning Board of AdjustmentMinutesAugust 14, 2013 Board member Elms made a motion to deny the varianceto the current construction of the fence in the visibility triangle for case VC13-010. Board member Collier seconded. The motion to deny the variance to the current construction of the fence in the visibility triangle carried with the following vote: Aye: 4 –Elms, Collier, Orlando, and McNosky 4.ADJOURNMENT The meeting adjourned at 7:35 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on September 10, 2013 by a vote of_____. City of Colleyville Page 4 Ponderosa T Ponderosa T Ponderosa T Notification List Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address Neff, William A Etux Carol S6104 Ponderosa StColleyville Texas760346104 Ponderosa St Casteel, Gary Etux Donna K6108 Ponderosa StColleyville Texas760346108 Ponderosa St Van Buskirk Properties Llc107 Belmont Place CirSouthlake Texas760926118 Colleyville Blvd Richards, Leslie E Jr Etux B L1401 Tinker RdColleyville Texas760341401 Tinker Rd Touchstone, Gary Etux Julie6208 Ponderosa StColleyville Texas760346208 Ponderosa St Thomas, Philip H Etux Mildred6204 Ponderosa StColleyville Texas760346204 Ponderosa St Tucker, Charles6206 Ponderosa StColleyville Texas760346206 Ponderosa St Folkes, James Etux Kimberly6200 Ponderosa StColleyville Texas760346200 Ponderosa St Burton, Eugene Etux Karen L6112 Ponderosa StColleyville Texas760346112 Ponderosa St Meier, Virgil L6109 Ponderosa StColleyville Texas760346109 Ponderosa St Fairlamb, Richard Carl6209 Ponderosa StColleyville Texas760346209 Ponderosa Ln Rodriguez, John Etux Wendy6205 Ponderosa StColleyville Texas760346205 Ponderosa St Forbes, Warren Dale12500 Deeds CtAzle Texas760201317 Tinker Rd Forbes, Annie M1318 Hardage LnColleyville Texas760341318 Hardage Ln Bedwell, Gary Etux Rose Ann1316 Hardage LnColleyville Texas760341316 Hardage Ln Hill, Steven W Etux Rhonda6105 Ponderosa StColleyville Texas760346105 Ponderosa St Claffey, Brian P, Applicant6201 Ponderosa StColleyville Texas76034Applicant Public Hearing Notices were mailed Fri., Aug., 23, 2013 by Taci Wrisley Application Application Site Plan