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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-10/14/2003 AGENDA ZONING BOARD OF ADJUSTMENT City Hall - 5400 Bransford Road Tuesday, October 14, 2003 REGULAR MEETING: P.M. 7:00 CALL TO ORDER Chairman Dee McNosky ROLL CALL Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ron Sturgeon, Pat Davis PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August 12, 2003 SWEARING IN OF NEWLY APPOINTED MEMBERS Dee McNosky, Place 4 Larry Henry, Place 5 Ed Moore, Alternate 1 ELECTION OF OFFICERS Chairman Vice Chairman AGENDA ITEMS Zoning Board of Adjustment Agenda - October 14, 2003 Page 1 of 2 2. Case A-03-007 - PUBLIC HEARING - Request by Matthew and Shelley Moore for a variance from the rear yard setback requirements of the Colleyville Land Development Code on Lot 2, Block 1, Nolan Addition, located at 5101 Oak Timber Court 3. Case A-03-008 - PUBLIC HEARING - Request by Joe and Helen Pitts for a variance from the side yard setback requirements of the Colleyville Land Development Code on Lot 1, Block N, Mill Creek Addition, located at 205 W. Mill Valley Drive ADJOURNMENT -- -- --- - -- fceffrrymarfhisagenda was posted ontKe Bulletin Board at City Hall on Friday, October 1 o~ 2003 at 4~30 a.m. ~J k 72>~ \",/ry 01 \",olleyvme DI. . .. -. . . -.....'"::1 ~ _ Agenda - Page 2 of 2 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - AUGUST 12, 2003 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on August 12, 2003. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Pat Davis, Ron Sturgeon Larry Henry Barry LeBaron, Tom Niederauer, Jan Levy Absent: Staff: Approval of Minutes May 13, 2003 Bruce Bercher moved to approve the minutes. Skip Reynolds seconded the motion. The motion was passed by acclamation. nm cChalrmmal1 MCNOSKY explained the procedures-Of the Lonnig l:3oard ~dfustmentancroutllned the m meeting format for the audience. The five voting members were: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, and Pat Davis. AQenda Items Case A-03-005 - PUBLIC HEARING - request by Ryan O'Keefe for a variance from the setback regulations of the Colleyville Land Development Code at 1300 John McCain Road, Lot 2, J. C. Evans Subdivision Tom Niederauer presented the case to the Board and reviewed the staff briefing. Butcher Bercher asked questions about the R40 zoning district setbacks and if this lot was considered a corner lot even if the street was never constructed. Staff gave the Board the setbacks and said when the plat was created, the lot was platted as a corner lot and that is the reason there is the wide side setback. The applicant, Ryan O'Keefe, was present to represent his case to the Board. He told the Board that he intends to enclose the existing garage and build another garage. He said the existing garage is too small for him to park his pickup truck in. Mr. O'Keefe showed the Board plans provided by the architect and he needed a 20' setback in order to build the new garage. He said the only other owner of property that uses the unimproved roadway that is gravel is the Kaufmans. He said the existing house was built over the 40' building line and he wanted to get a variance for that encroachment to clear up any future title on the property. Donna Kaufman, 1208 John McCain Road, was present to speak in favor of the variance She said that she has lived there since 1988 and her house is located northwest of Mr. O'Keefe's residence. She said she has three children and they enjoy the rural environment. She said that Zoning Board of Adjustment Minutes - August 12, 2003, 2003 Page 1 of 3 (Draft Copy - August 15, 2003) she wanted to come to the meeting to support Mr. O'Keefe and asked the Board to vote in favor of the request. No one else was present wishing to speak, and the public hearing was closed. Skip Reynolds said that if the applicant needs a variance of 10' 3', the Board should consider granting a variance of 11' so there will not be a future problem when the forms are set. The Board entered into discussion about how the setback requirements should be measure. Butch Bercher made a motion to grant the variance and measure the distance of 11' from the northwest corner of the existing dwelling. He said the new standards are being retrofitted on an old house and this variance will improve the property and bring the existing encroachment into compliance. Skip Reynolds seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Davis Noes: None 2. Discussion and recommendation of amendments to sign variance functions, Case Z-03- 016 Barry LeBaron told the Board that he wanted to give them a heads up on what is taking place and how a sign variance will be considered. He gave the history of how the amendments came about and said the sign variances will be considered at a separate meeting. He explained how the meetings would be scheduled when on the second Tuesday of the month and if the Board has a Zoning Board of Adjustment case, they would consider that and then adjourn the meeting and call the Sign Board of Appeals meeting to order. He said the amendments are written to allow an applicant to appeal a denial to City Council. Skip Reynolds said that there is a conflict in the way the terms of office on the Sign Board of Appeals is written. He said if City Council removes a Zoning Board of Adjustment from the Sign Board of Appeals and not the Zoning Board of Adjustment they would have problems attracting new members to the Sign Board of Appeals. Dee McNosky commented that the Zoning Board of Adjustment members are taking on additional duties and the City Council needs to recognize the importance of having cohesiveness with the appeals process. She asked if they could have considered seven members to the Sign Board of Appeals rather than how the ZBA is setup. There was discussion about the similarities and differences of the two boards. Barry LeBaron said the Sign Board of Appeals would adopt rules of procedure and choose a chairman and co-chairman. Dee McNosky requested that Barry ask the Council for a little change in the proposed structure to avoid confusion. There was discussion about staff's involvement with guiding the Sign Board of Appeals to help them understand the cases and the criteria for signs It was asked ;:\ballt thp. vall Imp. af r~rJl u~~t~ and Barry LeBaron responded that with the future wideninrl of Hirlhwav 26, there might be more cases to consider than in the past. There was discussion about the sign permitting process. Barry told the Board that he would do an orientation once the amendments are passed by City Council. Zoning Board of Adjustment Minutes - August 12, 2003, 2003 Page 2 of 3 (Draft Copy - August 15, 2003) The Board requested that changes be made to the amendments to have terms concurrent with the ZBA and change the language about removal without cause. Discussion of Items not on the AQenda Skip Reynolds asked Barry LeBaron to brief the Board about the status of the current revision of the face of Highway 26 and an update of when work is to begin. There was discussion about the project. Skip Reynolds asked Barry LeBaron about the construction of a shed over a building line that was not authorized by the Zoning Board of Adjustment. He said the applicant requested a fence variance to create a larger play area then they built a building over the building line and have put in a new driveway access with a curb cut. Barry responded that the building official issued a permit for the building and he would research if the curb cut was ever permitted. ADJOURNMENT The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 8:10 p.m. Respectfully Submitted, Jan Levy, Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes - August 12, 2003, 2003 Page 3 of 3 (Draft Copy - August 15, 2003) .~ 1"exas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: October 14,2003 A-03-006 - Public Hearing - Request by Janice W. Robbins for a variance from the fence regulations of the Colleyville Land Development Code on Lot 7, Block 1, Pleasant Oaks Estates, located at 5900 Pleasant Run Road SUMMARY and COMMENT Janice W. Robbins is the owner of a house and lot located at 5900 Pleasant Run Road, at the northwest corner of Beverly Drive. The owner has applied for a variance from the fence regulations to allow the construction of a 6-foot tall cedar fence, which will extend beyond the front bllildino linA on Ph~<'lS<'lnt RI In RO::ln _. .._ __..__n______ _ _ The owner proposes to construct a new fence along their northern property line, which abuts another residential property to the north. The proposed new fence consists of an 8- foot cedar fence beginning at the northwest corner of the lot and extending eastward along the north property line up to the front building line. This portion of the fence is permitted under the code and no variance is necessary. However, the owner proposes to extend the fence across the front building line to a point within ten feet of the front property line. This portion of the fence is proposed for a height of six feet. The end of the fence would be located 27 feet from the pavement of Pleasant Run Road. The applicant is requesting the variance to allow the encroachment. A diagram showing the proposed location of the fence is attached (Exhibit A). In the application, the owner cites two reasons for requesting the variance. One is to "prevent neighbors from parking on my property and littering." The second reason is to "prevent neighbor's visitors using my front yard as a public pathway when parking on Beverly Drive." A copy of the application, which contains additional information from the applicant, is included with this briefing. Section 3.26. D of the Land Development Code restricts the location and design of fences located in front yards. The regulations restrict the height of the fence to 30 inches, and the fence must be constructed of not more than 25% solid construction. This regulation is intended to prevent fences from blocking the view of motorists on adjacent roadways of cars or people exiting the property. However, if the lot were situated such that the rear of the lot taced Pleasant Kun Koad, the tence COUld De constructed without a vanance. CONCLUSION Pleasant Run Road is a very busy collector street and staff is concerned about poor Case A-03-006 Agenda Item No. 1- Pg. 1 of3 visibility of vehicular traffic waiting on Beverly Drive attempting to enter on to Pleasant Run Road if the fence were constructed as proposed, The proposed ten foot setback from Pleasant Run Road may be adequate on a typical residential street, but on such a busy collector, staff is concerned over the visibility issues. RECOMMENDATION Denial of the variance as requested. However, an alternate solution might include consideration to allow an encroachment of the front building line that is not so close to Pleasant Run Road, subject to objections raised by adjacent property owners, if any. ATTACHMENTS . Application for variance with explanation · Plot plan · Zoning, Location map & area of notification · List of property owners notified Prepared by: %,:;mt~~ M. Barry LeBai~:>n, AICP Development Director Case A -03-006 Agenda Item No.1 - Pg. 2 of 3 2000 land Development Code - Pertinent Regulations: SECTION 2.5 - DEFINITIONS Setbacks - a.k.a. Building Line -A line, which coincides with the perimeter of the building envelope, over which any part of a building, is not allowed to extend unless otherwise permitted in this Land Development Code. SECTION 3.24.G - SCHEDULE OF DISTRICT REGULATIONS This is a chart that illustrates all zoning setbacks including front, rear and side yards, however yard regulations for all PUD's are contained in the PUD Ordinance, and/or on the attached site plan. i Zoning Board of Adjustment Authority: SECTION 1.16.E - JURISDICTION OF ZBA: the Board has jurisdiction to: (10) Permit such variance of the frontvard. side yard, rear yard, lot width, lot depth, coverage, minimum sidewalk or setback standards, off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the provIsions ot tnlS orOlnance \/'Joule resattinc!Mul II ,,,,,,,''',,,,,, {I ,ardship, and .;"'ere Slj€i'l . 'wiance is necess?'y tQ r""rroit " specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district. ! Citizen Comments: Staff notified all properties located within two hundred feet of the subject property. At the time this briefing was prepared, staff has received no comments. Case A-03-006 Agenda Item No. 1- Pg. 3 of3 cc.~ Ter.a& ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577. 7587 . +APPLlCA.NT ..J~N"ICE.. /1/ Re>Gl!i"/NS ...._.......... . ...__,m.. Address .1;'lq{}~~~..=?~A!C.. ~~l!i!' City ..{k~~.."::.I'::b~..mm....... State 7JL Applicant's Status: (check one) ~owner 0 Representative 0 Tenant + ~~~:~RTY ~~!t;i1!..If!:_~?Jl./!"!~ Telephone No. fJl749f>Lii>9p Fax No. ?7,;l. ~S 5' oS .?3;L Address . t5rt)~81f19.L/9:~r:.4~~~ ..------ .....t!I?~!fv../':~/f rX ...... Zip Code ?~~_~i (ship Status: (check on 0 Trust 0 Corporation Telephone No.317~s::'t~'!t2 Fax No. q7;l 115'3' tJ;25.J2. Zip Code mZ{..!!.a~ PROPERTY INFORMATION The property owner must sign the application or submit a notarized letter of authorization. Please initial the acknowledgments on the second page before signing this application. Street Address or Location _--!["!~'?"'1l~E./l_~&;l..J[_..4~~ ...~: ..m....____m______ ..m.___m_.. Legal Description L-p rZf"..!1L:~9:I5m!I:zJ..~~~A:..A':J"!_e/!!S..~_€~':/!r:!F.:F.m____ ...... mm_. .....___... Present Zoning I? ~t) .... .... .m Present Land Use~fi.('!t:=..~~~~~_~~~~_E Status of Project: ,( Proposed 0 Under Construction 0 Existing Have you applied for a building permit? 0 Yes '7INO Have you filed an appeal or petition on this property before? Cj{NO 0 Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number fJ~M.=t? ~....?- Hearing Date L all'lll!..J_ .. Action o Approved o Approved with Conditions o Denied ConditiclnS Zoning Board of Adjustment Chair Alles!: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to fully outline the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Fully descril>e the variance you are requesting. __~__~_c::.~l?_~_~"=€~~_~-I___l!.E5!.!~~~~ftf?_______ TL:EA:/;::::~t:::C. r L ~ h ../.ft!,fZ:!lgl}.sT.P~ ~~4E~-t.!~~ t!J.~&'l~~,ur AJ ~..........1!Y..J!_~~/o!C~I<!~(~~t!!€-~"C._ ....&&...7'At.I-t'~I."- ..?2f.~g~E~~Dtt~A!.6 .~1(ftfifAi'il4-~-~(;~~Ofl~Yi-:~~Ef1;<.ri;~~€.Q _tf.~2:?_!Z~_~i!f~4E. 2. Do similar conditions exist in the area? Explain. ..L~_. ____ _ _._ ___ _ ____ ____.__________________ 3. Describe how the unique conditions or circumsta (l _ ...___~ __ _ E:._?:.~;(__:_&:_____f_E~E:_<~__n_-~~~~-----~(.~~___'t!':___~.___ ~~/_ T ~~~ti7E~i.f1f_%f;,g~~--Lt~-tt-t?~l!!.~L~-~~Z:./f#-!.tt!z--~!/fE~-.e..&.~~1!.~~~ 4. Is there any way to do what you want without this request? _l1i./l.~~___rz_~_'Y.!".~,?L_~~E!/l.J.l1t ~....t?L4-,9.~~_'.?L.~~.~ .... (~-? ._...t!.e:~ti;gp-t.z _ f!A.!l!!._,._t!~~~t3!".€..__ $'?l.g~?!Ec??....._Zl!g__~~(f~&!&.II&!E.~......,cJE..Ii?t?ItfJ.H~~(?_~~.....@..rJ..._._...!.~f.:::;...... iP!Il!LLF~_$. .T~i2~]~.~~_2.t!:/E.te.._:L~ _..::j~Ii:<S. --f!.~lj:)gZlf-!F::'7- 8 iJAJ T 4.<.E .t?&~r. Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Zoning Board of adjustment action does not constitute the appro"al of a building permit. Applicant's Initials ~ Date T' ;)ff ~6)o3 APPLICATION FOR VA.RIANCE CV - 410 (MARCH 03) Zoning Board of Adjustment GENERAL REQUIREMENTS AND APPLICATION INFORMATION GENERAL INFORMATION Jurisdiction The Zoning Board of Adjustment's powers and authority are vested in Section 211 of the Texas Local Government Code, the Colleyville Land Development Code of the City of Colleyville, and the Board's Rules of Procedure. The Board may only decide issues authorized by Chapter 1 of the Land Development Code, or in other areas where it is given specific authority. Structure The Board consists of 5 regular members and 4 alternate members, appointed by the City Council. The Board is a quasi-judicial body and does not have the authority to amend ordinances or create new laws. Meetings The Board meets on the second Tuesday of each month at 7:00 p.m., as needed, in the City Council Chambers at City Hall. TYPES OF REQUESTS Variance Request The Board may authorize a variance from the specific terms of the Land Development Code when ti,e literal enforcement of thc ordinance woulll ree;\llt in an unnecessary h"rrlc:hip nr pr;o\dic;o\l difficulty in the development of a specific property. Variances may not be granted to serve as a convenience or to relieve a financial hardship. Special Exception Request The Board may authorize a special exception land use where allowed by the Land Development Code. Interpretation Appeal An appeal for an interpretation of the regulations or zoning map designations may be filed with the Board. An interpretation by the Board establishes guidelines for ruling in future administrative actions. See Chapter 1 of the Co/leyville Land Development Code and the Zoning Board of Adjustment Rules of Procedure for complete information. INSTRUCTIONS 1. Application Procedure - Applicants shall submit a written application to the Community Development Department using the form included in this packet. Detailed submittal requirements for each type of application are contained in this packet. A filing fee established by the City Council shall accompany every application. The amount of the fee is based on the actual cost of processing the application by the City. The application fee for a variance is $125. 2. Stay of Proceedings - An appeal stays all proceedings of the action appealed from unless the Administrative Official, after the notice of appeal has been filed, certifies in writing to the Board that a stay would cause imminent peril to life or property. In such cases, proceedings shall only be stayed by a restraining order granted by the Board or by a court of record. 3. Notice of Hearing Official written notice of public hearing on every application for a variance or for an Interpretation of regulations applyillY :sult:ly tu all i"dividual property are gent to oil owners of real property lying within two hung reg feet of the property nn which thp. v;o\ri;mce is requested. The notice of hearing is mailed to each property owner as the ownership appears on the iast approved city tax roll. The notice will state the date, time and place of the hearing, and the nature of the subject to be considered. 4. Public Hearing Procedure - Public hearings are required for all requests for variances or permits for nonconforming uses or structures. Upon submittal of the application, the Community Development Department will schedule the application for public hearing before the Zoning Board of Adjustment. The public hearings provide an opportunity for the Board to hear from appellants; examine evidence; question the appellant, city staff, or any APPLICATION FOR VARIANCE cv - 410 (MARCH 03) witnesses; or seek additional information. At the public hearing, the applicant, all proponents and all opponents will be given the opportunity to speak about the proposal. After completion of the public hearing, the Zoning Board of Adjustment will discuss the merits of the case and render a decision 5. Decision and Voting - Every decision of the Board must be based upon findings of fact and detailed in the record of the meeting. The standards for consideration of a variance request are detailed in Chapter 1 of the Land Development Code. The affirmative vote of four members is necessary in order for a request to be aooroved. A 3-2 vote in favor of the request is not considered approval of the request. 6. Approval of Request - In approving any request, the Board may establish conditions, including time limits, in order to substantially secure the objectives of the regulation or provision to which such variance is granted and to adequately provide for the maintenance of the integrity and character of the zone in which such permit is granted. When necessary the Board may require guarantees, in the form as its deems proper, to insure that conditions designated are being or will be complied with. 7. Denial of Request - No appeal or application that has been denied shall be further considered by the Board, unless the Board affirmatively finds: CD that new plans materially change the nature of the request, or ~ the permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions. 8. Appeal of Board Actions - A decision of the Board of Adjustment may only be appealed to district court. The petition setting forth that such decision is illegal, in whole or in part, must specify the grounds of such illegality. The petition must be presented to the court within thirty days of the Board's decision. The City Council does not have the 3\1thority to review a decision of the Zoning Board of Adjustment APPLICATION SUBMITTAL REQUIREMENTS o Completed application form and application fee Site plan, drawn to scale, showing all lot dimensions and all existing or proposed improvements to the lot Other supporting data related to the request Completed application form and application fee Site plan, drawn to scale, showing all lot dimensions and all existing or proposed improvements to the lot A written statement from the applicant describing how all conditions of the Land Development Code have been or will be met Completed application form and application fee Statement by the applicant describing the way the Regulation should be interpreted, together with diagrams or charts illustrating the proposed application of the text or map provisions Letter from the Administrative Official detailing the basis for denial of the request Variance Request o o o Special Exception Request o o o Interpretation Request o o FOR MORE INFORMATION Community Development Department City of Colleyville 5400 Bransford Rood Colleyvill€l, T€lxas 76034 817.577.7587 office 817.577.7567 fax APPLICATION FOR VARIANCE CV - 410 (MARCH 03) \. 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OA ~~ , ~ . ., \ I;V~~l'!o, 17 S.'fP'f,~5 & \ ~ HIDDEN cr \ 20 T2I 11" tll'\'E:~F 'H " V ell rt\6 pIS'\' E,\,HO ~ I., I ~ 1Ft IH 2.12 N<. fA 11 , 't fR IE 1.<1::] .~qq~ r.f1rnn.'r !IT TR IF 2.2!i11,[ TR II 1.2, Location Map & Area of Notification CASE # A-03.006 5900 Pleasant Run Road - Variance Janice W. Robbins 5900 Pleasant Run Road Colleyville, TX 76034 David & Paula Pennington, Jr. 812 Beverly Drive Colleyville, TX 76034 Lloyd & Young St. Clair 808 Beverly Drive Colleyville, TX 76034 The Adams Family Trust 5405 Rustic Trail Colleyville, TX 76034 La Rue Simmons 5908 Pleasant Run Road Colleyville, TX 76034 Evan & Jill Smith 5912 Pleasant Run Road Colleyville, TX 76034 James & Constance Hampton Hampton Family Trust 5804 Pleasant Run Road Colleyville, TX 76034 Grapevine ISD 3051 W. Highway 26 Grapevine, TX 76051 Gerald Styles 900 Bogart Drive Colleyville, TX 76034 Case A-03-006 i I l m __m_ I I , I According to the last published Tax Records, individuals who own property that is within the 200' of the proposed variance request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by Section 211 the Local Government Code. (Notices dated: September 25, 2003) f!/~ Jan Levy Planning & Zo ng ASSistant .~ Texas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: October 14, 2003 A-03-007 - Public Hearing - Request by Matthew and Shelley Moore for a variance from the rear yard setback requirements of the Colleyville Land Development Code on Lot 2, Block 1, Nolan Addition, located at 5101 Oak Timbers Court SUMMARY and COMMENT Matthew and Shelley Moore are the owners of a lot located at 5101 Oak Timbers Court, north of Glade Road. The lot was platted in 2001 by a plat that divided the existing property into two lots. An existing building, which was once used as a barn on the overall property, is located on the lot in question The evisting bllildin!J i~ Inr.::It~r1 ~ f~~t frnm th~ rear property line. There are no other structures on the lot. The existing building complies with the rear and side yard setbacks for an accessory building. However, the owner proposes to convert the barn into a residence. By changing the use of the building from an accessory building to a primary residence, the building would not meet the required rear yard setback. As the property is zoned R20, the required rear yard setback for a residence on this property is 25 feet. The owners are requesting a variance to allow the conversion of the building to a residential structure that encroaches beyond the 25-foot rear yard setback established for the R20 zoning district. The owners propose to remodel and expand the 888 square foot building by adding 580 square feet to the existing building. When complete, the building will be 1,468 square feet in size. The applicants have indicated that the building will be used as a residence until they construct their primary residence on the property at a later date. They have not indicated a time frame for the construction of the new primary residence. Floor plans and building elevations of the proposed remodel are attached for your reference. Staff discussed the issue of converting the barn to a residence with the owners earlier this year. Staff also issued a letter stating the barn could be converted to a residence, provided all building codes were satisfied. However, the location of the existing building and the effect of converting it to a residence was not discussed at that time. No correspondence has been received regarding this request. However, staff has talked With one area property owner WhO expressed concerns about the size and appearance of the proposed building amI ti,e evelllualily ur 11i::lVi'19 two dwellil,gs ai, the same lot. Water and sewer service is available to the property, according to the water billing records on adjacent properties. This may pose a potential problem in the future if the converted Case A -03-007 Agenda Item No.2 - Pg. 1 of 3 barn has its own connection to the water and sewer systems and the new residence has its own connections. There is an additional concern regarding the eventuality of having two residences on property that is zoned for single family residential. Staff has issued building permits in the past in similar situations, provided the property owner signs a statement of intent to either demolish the old residence or to remove such items in the kitchen of the old structure so that it can not be used as a residence. CONCLUSION The proposed renovation and expansion of the barn includes considerable architectural changes to the exterior of the structure that will give it the appearance of a single family dwelling unit. Upon the eventual construction of the new primary residence, even the removal of any internal kitchen equipment will still leave the lot with the appearance of containing two single family dwellings on the same lot, instead of a single dwelling with a large accessory building. RECOMMENDATION Approval, subject to a provision that no building permit for the new residence is issued until the Board of Adjustment has reviewed and approved plans to convert the existing structure back to an accessory structure. This recommendation is made, of course, without the benefit of information provided at the public hearing. Therefore, any recommendation should be subject to objections raised by adjacent property owners, if any. A TT ACHMENTS . Application for variance · Zoning, Location map & area of notification · List of property owners notified . Letter from staff regarding earlier permit response . Building permit application for barn conversion . Proposed drawings Prepared by: ~~ k~ M. Barry LeBaron, AICP Development Director Case A -03-007 Agenda Item No.2 - Pg. 2 of3 2000 Land Development Code - Pertinent Regulations: SECTION 2.5 - DEFINITIONS Setbacks - a.k.a. Building Line -A line, which coincides with the perimeter of the building envelope, over which any part of a building, is not allowed to extend unless otherwise permitted in this Land Development Code. SECTION 3.24.G - SCHEDULE OF DISTRICT REGULATIONS This is a chart that illustrates all zoning setbacks including front, rear and side yards, however yard regulations for all PUD's are contained in the PUD Ordinance, and/or on the attached site plan. ! Zoning Board of Adjustment Authority: SECTION 1.16.E - JURISDICTION OF ZBA: the Board has jurisdiction to: (10) Permit such variance ofthe front yard. side yard, rear yard, lot width, lot depth, coverage, minimllm ~irlf!w;:!lk or ~f!tb;jck standards off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district. i Citizen Comments: Staff notified all properties located within two hundred feet of the subject property. At the time this briefing was prepared, staff has received no written comments. Case A-03-007 Agenda Item No.2 - Pg. 3 of3 CQen~ T'eJ;1lI5 ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 +APPLlCANT M{J'Hhew'and5hdl~yi11oQr" Telephone No.ql~YJ,~lfl~1.f Fax No. Addressm3Y2L2_12e~X_(it'~~D C...__. ... ....___ ... ..... .._... __ .__. ______ ....... _ ____ ____ City tlL.\L(:K_ _ ______ State -1X Applicant's Status: (check one) av6wner D Representative D Tenant + PROPERTY . J 1 Ad:::EsR ~~;Jtg~i-~~Sb~~~Zf=1Q~t-~TelePho~:~~.~l~~~~~t~~:_~~~~._~-_--_-:~_:_:_-_--- ci~wner~h~lL~~~\J~~~:~!~~e) -cr/;~di~id~~1 D Trust D pa~~::shi:X D co;~~~~ti~nZiP Code 7~P}i-f Zip Code 7&()3Lf ......."'.__.'..n........_....__........._. Street Address or Location'i(QIQt{,K'1lrnkecCf Legal DeSCriPtionN Ql(trrA~A\hQ(\ B \ {) It- J H~t~ Present Zoning ';Itn 5\eJOc''Y';I~ Present Land Use \J.p. CO,0-L 19t ill I +h ()..( (e. -S?~ V 7 Status olProject: D Proposed D Under Construction ~ Existing ~(A lid. 1115 Have you applied for a building permit? G"Yes D No ~o Have you filed an appeal or petition on this property before? DYes BOARD OF ADJUSTMENT OFFICIAL USE ONLY - - Case Number ,I1--fi3-::0Q2 Hearing Date _ -___Ill p_'fl~2 Action D Approved D Approved with Conditions D Denied Conditions Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to fully outline the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Fully describe the variance you are requesting. !~~~f'{\Q4~L__CJ+0:_ ~'~_y~:__ili~<LLiX~__fh.tt,J--. _ ._ _ ____ tVlC(l' Or; ch ("2'0 ~1 ..ef!0.CfII\~ O+-, ..... C It r y( nt. ... zrrLi d-{,{rcJ~?6ft. ...{) :ft'_of_ _.. E(~2t.....C~~(kJ_~(QPG(+rLin(~..;?hVd c.{L~wLI) ...V( ... Ll~(&._~0._.....?Z... -rUfY\ pDYAJY_~1 irY\d.V_Y[( 21j,eif)G~:_ .._...___________ _ . . _ .. _ _ ... -- .. _ ..- .H______ 2. Do similar conditions exist in the area? Explain. tY\.!ALh~Ig;---p:rQPe[--b~-?---9n.--5tr~~-~fL\I:~- a...ccc~SOJ''l-..-.....~-lJ..,'.I.t'il']~.:7--..al.-- ~..~(k5_.._.__Dt-...pLa-~uf.I-0.L----....-......----..-------_____...__...____._ 3. Describe how the unique conditions or circumstances do not result from your actions. eV\ta.r~( 4. Is there any way to do what you want without this request? 1\Q:::=__hi-LlJ.d,j_Llj_CtJru_lYC:1(IS-f.:;;;, Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdr.awal of the proposal after public notice. i j_H I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that.tl:le Zoning Board of Adj'lstment action does not r:on<:tihlt.. th.. RpprnvRI of ahllilding permit~_m___ Applicant's Initials -1/1-111 f!Y\A- Date qlfyl03 APPLICATION FOR VARIANCE CV - 410 (MARCH 03) Zoning Board of Adjustment GENERAL REQUIREMENTS AND APPLICATION INFORMATION GENERAL INFORMATION Jurisdiction The Zoning Board of Adjustment's powers and authority are vested in Section 211 of the Texas Local Government Code, the Colleyville Land Development Code of the City of Colleyville, and the Board's Rules of Procedure. The Board may only decide issues authorized by Chapter 1 of the land Development Code, or in other areas where it is given specific authority. Structure The Board consists of 5 regular members and 4 alternate members, appointed by the City Council. The Board is a quasi-judicial body and does not have the authority to amend ordinances or create new laws. Meetings The Board meets on the second Tuesday of each month at 7:00 p.m., as needed, in the City Council Chambers at City Hall. TYPES OF REQUESTS Variance Request The Board may authorize a variance from the specific terms of the Land Development Code when ti,e literal enforcement of the ordinam:e would res'llt in <In I,nm",,,,,,,,,,ry hardship or practical difficulty in the development of a specific property. Variances may not be granted to serve as a convenience or to relieve a financial hardship. Special Exception Request The Board may authorize a special exception land use where allowed by the land Development Code. Interpretation Appeal An appeal for an interpretation of the regulations or zoning map designations may be filed with the Board. An interpretation by the Board establishes guidelines for ruling in future administrative actions. See Chapter 1 of the Colleyville Land Development Code and the Zoning Board of Adjustment Rules of Procedure for complete information. INSTRUCTIONS 1. Application Procedure - Applicants shall submit a written application to the Community Development Department using the form included in this packet. Detailed submittal requirements for each type of application are contained in this packet. A filing fee established by the City Council shall accompany every application. The amount of the fee is based on the actual cost of processing the application by the City. The application fee for a variance is $125, 2. Stay of Proceedings - An appeal stays all proceedings of the action appealed from unless the Administrative Official, after the notice of appeal has been filed, certifies in writing to the Board that a stay would cause imminent peril to life or property. In such cases, proceedings shall only be stayed by a restraining order granted by the Board or by a court of record. i f- 3. Notice of Hearing Official written notice of public hearing on every application for a variance or for an -InterpretatiOn of regulations C1f.1(Jlyi"1:J :.ulely to an- ir ,dividual propcrty arc sent to all o'''ners of re~1 prOp..rty lying within t\'IO hundred feet of the prnp..rty nn whir:h the variance is requested. The notice of hearing is mailed to each property owner as the ownership appears on the last approved city tax roll. The notice will state the date, time and place of the hearing, and the nature of the subject to be considered. 4. Public Hearing Procedure - Public hearings are required for all requests for variances or permits for nonconforming uses or structures. Upon submittal of the application, the Community Development Department will schedule the application for public hearing before the Zoning Board of Adjustment. The public hearings provide an opportunity for the Board to hear from appellants; examine evidence; question the appellant, city staff, or any APPLICATION FOR VARIANCE CV - 410 (MARCH 03) witnesses; or seek additional information. At the public hearing, the applicant, all proponents and all opponents will be given the opportunity to speak about the proposal. After completion of the public hearing, the Zoning Board of Adjustment will discuss the merits of the case and render a decision 5. Decision and Voting - Every decision of the Board must be based upon findings of fact and detailed in the record of the meeting. The standards for consideration of a variance request are detailed in Chapter 1 of the Land Development Code. The affirmative vote of four members is necessary in order for a request to be aooroved. A 3-2 vote in favor of the request is not considered approval of the request. 6. Approval of Request - In approving any request, the Board may establish conditions, including time limits, in order to substantially secure the objectives of the regulation or provision to which such variance is granted and to adequately provide for the maintenance of the integrity and character of the zone in which such permit is granted. When necessary the Board may require guarantees, in the form as its deems proper, to insure that conditions designated are being or will be complied with. 7. Denial of Request - No appeal or application that has been denied shall be further considered by the Board, unless the Board affirmatively finds: <D that new plans materially change the nature of the request, or <l> the permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions. 8. Appeal of Board Actions - A decision of the Board of Adjustment may only be appealed to district court. The petition setting forth that such decision is illegal, in whole or in part, must specify the grounds of such illegality. The petition must be presented to the court within thirty days of the Board's decision. The City Council does not have the authority to revie''IJ a decision of the ZOf'linO Rn::lrrl nf Acljll!;tmFmt APPLICATION SUBMITTAL REQUIREMENTS Interpretation Request o Completed application form and application fee Site plan, drawn to scale, showing all lot dimensions and all existing or proposed improvements to the lot Other supporting data related to the request Completed application form and application fee Site plan, drawn to scale, showing all lot dimensions and all existing or proposed improvements to the lot A written statement from the applicant describing how all conditions of the Land Development Code have been or will be met Completed application form and application fee Statement by the applicant describing the way the Regulation should be interpreted, together with diagrams or charts illustrating the proposed application of the text or map provisions Letter from the Administrative Official detailing the basis for denial of the request Variance Request o o o Special Exception Request o o o o o FOR MORE INFORMATION Community Development Department City of Colleyville 5400 Bransford Road ColleY\lille, Te)(~c:: 7Rn::\4 817.577.7587 office 817.577.7567 fax APPLICATION FOR VARIANCE CV - 410 (MARCH 03) Ct)LU';) v If.U: TI f E~'rf,R 'fOlll\~"I1..I.E 2 COI~~ ~ > 6.11617 . 6 CZOf1f" " c. y 3- If'''"' 51. 20& P' - .. \.599 t Tn: 3'81 .136 AI 1 ~,;' Location Map & Area of Notification CASE # A-03-007 5101 Oak Timbers Court - Variance Matthew & Shelley Moore PO Box 692 Colleyville, TX 76034 Paige & Howard Murchison 5105 Oak Timbers Court Colleyville, TX 76034 William Swigart 5104 Oak Timbers Court Colleyville, TX 76034 Larry & Jeanne Duckett 5109 Oak Timbers Court Colleyville, TX 76034 Harvey Collins 5013 Oak Timbers Court Colleyville, TX 76034 Marguerite Laningham Est. 5100 Oak Timbers Court Colleyville, TX 76034 Gladys Brewer 5012 Oak Timbers Court Colleyville, TX 76034 Virginia & Richard Collins 5004 Oak Timbers Court Colleyville, TX 76034 John Quenichet 5005 Oak Timbers Court Colleyville, TX 76034 D R Horton Texas Ltd 1901 Ascension Blvd, Ste 200 Arlington, TX 76006 Chi-Hui Leo & Chien J Yang 1108 Sabine Court rolleyville, TX 76034 Mark & Jody Delgado 1104 Riverwalk Court Colleyville, TX 76034 Case A-03-007 Acc?rding to the last publ.ished Tax Records, individuals who own property that is within the 200 of the proposed v~:lance request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by Section _____~~~~~~~~~~_~~~=i~otices dated: September 25, 2003) Jon Lo~ f(. --- Planning & Zoni Assistant city of .------------ ~ Texas July 7,2003 Matthew S. Moore 5101 Oak Timbers Court Colleyville TX 76034 Re: Conversion of barn on property Lot 2, Block 1, Nolan Addition Dear Mr. Moore, The purpose of this letter is to inform you that the existing barn structure located on your property may be converted to a residence, subject to compliance with any applicable building codes adopted by the City of Colleyville. A building permit application must be submitted to the Building Inspection Department for review Technical questions concerning building codes may be directed to Eddie Edwards, build ins; official, at 817-577-7570. Please call me at 817-577-7587 if you have any questions or require additional information Sincerely, CITY OF COLLEYVILLE ~~~..) J. Cia on sband, AICP Comm. evelopment Manager - cEOdlEn=dwards --- m --- PO BOX 185 COLLEYVILLE. TEXAS 76034 (817) 577-7575 City of Colleyville 5400 Bransford Road BUILDING PERMIT APPLICATION 81 Colleyville, TX 817.577 - 7570 (Please print clearly) Single Family - New Construction and Remodeling Part 1. Property Owner Information Part 2. Contractor Information Name of General Contracting Company: ~~9Ie // O/'lNhl7/f S~4Z;s 0'];;::; hd e-ae~e ,ci::!1a:/Yl:d 77' 7brJ2-1 YY100tU- Driv~ken7JLber(j((;79 79+/, Y Name of contact person: Telephone: C;;.e-~'fF,I). {J/IIJ~ Z/f :1-; 584-2.. Date: _mlmJ 03 Job Site Street Address: La/In 5/ Legal Description: ~ lot IV {)l Cl N LID D 1""T 10 rJ subdivision ~ block Name of property owner: s.f. Building Line Setback: 3lJ ' Front: 2nd floor living area s.f. Left: Total living area s.t. Right: Area of porches and patios s.f. Rear. . m 3:'-- Type of Fuel.' ..1=/e:~(...I Area of garage s1. Total sq. footage s.f. Method of Sewage: L~ty DSeptic Tank Estimated vall $ Single family remodel, repair or addition.3 12 up Total area being remodeled / repaired: 5"7J s./JtIf'. 675 S.t. $ ~;;4(;O Provide a general description of proposed work: ~toU "gdc/,tDA' I (!~ ~~ 29D &JlcI R~d,"'#(N" 790 LV J:iJ- ~JfU-~8 B N.-.I.Ifl /p~/ Total area of new addition: Estimated value: Note: Attach a Plot Plan and your proposed Construction Blueprints in accordance with Colleyvi/le Bulletin No. 501. Your name (Printed Name): ,y) S v n - ' ~ i T7 Hi; /.,,) . L' {JrJ/U-: Signature: Part 5. For Office Use Only [Fees: ,-, Y No U es D i (5822) Water Installation Fee: Date Owner/Contractor Notifled: ~-_._~.\ (5817 Service Charge: Permit Approved: y. Eng. Dept. Fire Dept. ~---~-- Bldg. Insp. (5821/5829) Sewer Tap Fee: (5725/5726) Roadway Impact Fee: (5727) Water Impact Fee: I (5740) Sewer Impact Fee: r----- I I (5411) Building Permit Fee: (5417) Plan Review Fee: (5845) Lot Drain. Insp. Fee: (5416) Contractor Reg. Fee: Other Total due: r.1I _ nn7 (,,-n?l ~ I 1 2 j -r, OJ (1 III ITI !II II II ". \.. ~ IIIlllTI I <OJ []] 1 ~rn 111111111 f ~ j'" ;, , ~ ~ II ill I ~ II 1111 rn ~ ~ it iI iI ~ ~ M 11 1111 f1 .l\ ~ ! CD -IJ i ~ , , _J ... t I~ I r- II t Il ! " :)I~ I Ii II I I K I I I I I I I I I I I I II p, i ~ I I I I :.: I I I ~, +- , ~ . I. I ! ~ !I ~ ~ ~ ;::: ~ ~ ~ I II~I g ~ I~ ; I~'I~~I ;iil I ;;1; I ..h - - =--~ I I -- I -~ : -f-- : _~ 9>: ~ , \l! I -~ I I 3 -i- I ~ ~ : i ~:l . .- .. .. 'T i ~ . II I iliT I I I ~ ~ I I I I I I I I 1)_ I II I I' t I I I I I I I I Ii" I I K" I : : : : 1---, 1 : J!..- _n ___~ ~---+ ~ t ~ l ! ... r L~ Ii ~ ~ fi] H< -.,- 01" --- I ..L '. 41." <{~; '" - r ~l~ ~ If-:,,~ ~of<-. . . , ",. 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I I J ~ I ~)~\~' ~~"~. :' !Q~mJ r 1t 1~\ll! s\ i I ~1 ~ v ~, 1\: ~ ~ ~ 7 ~$ I .. ~~~~ ~ r--1& It ~ "'-----'-/lilh: t~7, ..---/1)~ \l!' ~ ._ r _I ~O\~ I ~ < ~ I '" ~ , ~ , '; Ie- l f7 i--" . A ~ H , ~ o t IT: lr: (}': IL .... l l ~a-i !Ix "';- ... ... ~ H< -~~..... J. A-< 1 I I ----'l---------l I o ~ t iii -" nl~1 " : I~- \ " ~ .... ~ III I I 11 j ! I I I 200.00' 5' UTIL ESMT ! I I . I ~I 0- \Q -- I . 1--- l't 0' l~ I I ! I 1------------------------------------------------------------------------------------------------ 11 3d 6L --- I I i i . I ! 200.00' OAK TIMBERS COURT ----EIOT-=er-. A1Sr '~CAAT F ~ -III~O' LOT 2, BLOCK I NOLAN ADDITION GOLLEYVILLE, TEXAS ~ . i 8 j 1 t . ..r, OJ ~ (1 111I I ". "- ~ IIIII flIT I ~DJ IT] I (CD 11II111 \I v 0 II ~ < ~ ,..- 11111111 ~ III II rT ~ ~ ~ it ~ r ~ ;I ,II TIlT B , < 1 11 I - i I OJ - I m_ - - -- - ------ - - ----..-., ~.___n [--- -- 1--- ~ ! ~ If ~ i If ~ I- & It , ~ ce'" l'eJ[aS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: October 14, 2003 A-03-008 - Public Hearing - Request by Joe and Helen Pitts for a variance from the side yard setback requirements of the Colleyville Land Development Code on Lot 1, Block N, Mill Creek Addition, located at 205 W. Mill Valley Drive SUMMARY and COMMENT Joe and Helen Pitts are the owners of a house and lot located at 205 W. Mill Valley Drive, at the southeast corner of Mill Valley Drive and Antwerp Drive. The owners propose to construct a garage addition to the house. However, the proposed addition would encroach thc sidc building line on /\ntworp Drive. The owners have applied f.or a variance to allo'AI the encroachment. Since the lot is a corner lot, there are two building lines established on the street sides. The building line adjacent to Mill Valley Drive is 30 feet and the line adjacent to Antwerp Drive is 25 feet. The existing house was constructed in 1995. The house faces Mill Valley Drive, and the existing garage and driveway are located on the west side of the house facing Antwerp. The owners propose to add a 270 square foot garage to the west side of the property, which faces Antwerp Drive. The garage, which measures 15 feet in width and 18 feet in depth, would encroach the side building line by 15 feet. A plot plan is attached showing the existing building and the proposed addition (Exhibit A). The right-of-way for Antwerp Drive is 60 feet, which is wider than the standard 50 feet on most residential streets. Since the right-of-way is wider, there is a larger parkway between the curb and the property line. If the garage is constructed as proposed, the wall of the garage facing Antwerp Drive would be 26 feet from the curb. The proposed addition will not be located within the required visibility triangle at the intersection. One letter of opposition has been received regarding this request. However, staff has talked with one area property owner who expressed concern about the location of the building and the potential to block the view of traffic at the intersection. RECOMMENDATION Den lal. Construction of the garage at the JJI uJJu~eu IU\,;Cltiull wuuld df./f./edi illGollsistellt vvith the neighborhood character. There may be other locations on the property where the building would have less impact on surrounding properties. Case A -03-008 Agenda Item No.3 - Pg. 1 of3 ATTACHMENTS . Application for variance . Zoning, Location map & area of notification . List of property owners notified . Letter of opposition J Prepared by' ~MV) ~ g~ M. Barry LeBaron, AICP Development Director Case A -03-008 Agenda Item No.3 - Pg. 2 of3 2000 Land Development Code - Pertinent Regulations: SECTION 2.5 - DEFINITIONS Setbacks _ a.k.a. Building Line -A line, which coincides with the perimeter of the building envelope, over which any part of a building, is not allowed to extend unless otherwise permitted in this Land Development Code. SECTION 3.24.G - SCHEDULE OF DISTRICT REGULATIONS This is a chart that illustrates all zoning setbacks including front, rear and side yards, however yard regulations for all PUD's are contained in the PUD Ordinance, and/or on the attached site plan. ! Zoning Board of Adjustment Authority: SECTION 1.16.E - JURISDICTION OF ZBA: the Board has jurisdiction to: (10) Permit such variance of the front yard. side yard, rear yard, lot width, lot depth, coverage, minimum sidewalk or setback standards, off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the prOVIsions of thiS oromance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district. I Citizen Comments: Staff notified all properties located within two hundred feet of the subject property. At the time this briefing was prepared, one citizen comment has been received. Case A -03-008 Agenda Item No.3 - Pg. 3 of 3 cc.~ l'ellill!; ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 +APPLlCANT Telephone No. ~ll Y!:]~_e~_O'Fax No. '::rQ~ :1 . H~JCfL P ;tt-5 Address 1,?_?_\fI!__ __.._~;\\..... v",l \Jf-Dr. ...------ City(,,\1LI\(:\J~ ._..____ .._ State \~____ _ Zip Code 7 6 u 3 Applicant's Status: (check one) l;ilI Owner l:I Representative l:I Tenant + ~~~::RTY '1" I> ~ .t _~de_" P ;tts Telephone No. ~_\T_~n::~}Y"3 Fax No. ___________ Address '2-ll S- W - /yI.:\\ \/'",L\ey. 12L_-n----------- City("L\_~y:!(:l\~ State J'X...... Zip Code . ?~_~3L{ Ownership Status: (check one) ~ Individual l:I Trust l:I Partnership l:I Corporation The property owner must sign the application or submit a notarized letter of authorization. Please initial the acknowledgments on the second page before signing this application. PROPERTY INFORMATION Street Address or Location '"2- () S- _W. _r:!1:\\ ... V0Lleyj)c. Legal Description .~~...T. lj J3.k()..~.k:... iV,__/l)ll.J.LU.C.l<:"-Allll'/'J.,PJlIK.e-IL-- Present Zoning ._ B-1!. S~[IQ0.t:",-\ Present Land Use -~:':'Jlt f",,-(Y'~\t--h.pVI:',( Status of Project: ~ Proposed l:I Under Construction 1:1 Existing Have you applied for a building permit? l:I Yes $ No Have you filed an appeal or petition on this property before? II No l:I Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY - Case Number /1__~Q_~:Qg-'[ Hearing Date JQ/I'iJ-l!.3L Action 1:1 Approved 0 Approved with Conditions 1:1 Denied Conditions ~~----_.-_.._~-- ---------~- Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to fully outline the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Fully describe the variance you are requesting.'11c;,__q':ff2IeF!2:;_~"J__t,,_..b_,,!'J(Lq,,-__glf<'Lr;:~{J_j.0r"lJ-QQ/\ ~.c.ll. PCDf1Ity ... ILlf""':l')!!.UJ ~.l:.;If. ...vv:\I_i"'<;Jc ~.. . fLtbr;5k:-3.J<Lgr.,' )c_",fJLtJJ",5Il,q_!VJ.,._:I\htg~ ,<)(I-("$;"~_l+k'\ .JvL'J~-I_5JLV<J,:,rQ.1i.~ ...I(<lL;~'\Et.. (~i""est':JJ"b,(;IA"vt2;d\ ..QE_dsJ.//J!_:'\tbv:\A:j \:""'~.f~~~(e+,Jr1f~.t.Ls'l:~.~Lttd:"-~:",'>~);;tJ6:f;~~:-;;~r~l':.';.J~LLf~rt_.fb:~.... ......{)s...zfV]J_....91d['1yQ..._vv.~.."ld__._ 2. Do similar conClitions exist in the area? Explain.______~___ .__._________________________.___________._ . ..___T~Lb "';\J;~7-\~0t>-Or:> _...,!_"I. _pc'/~d~_t-'!ri . J~!:y.~L__:+:{,t'\_ __a._ltqL_;:'.!:y_plLL~_e5..___~~_t~:"C7.,~r _{\q_; JhbPLk,JpJhg(e1."'~S . ..lJv:l __ .... C{;)~l~.. ._"~_J\,_("f!,_IC_J"t .. .,:,,:::l:~ _J~_(J_~c__d~lt'\ flj5:".'::S - 3. Describe how the unique conditions or circumstances do not result from your actions. .___':::'_~_~ __ bv_:LI:__;,'\ . _.n .___.._"_.____""._.,.._..__..._._. .............._.._.__...._......._..._..__._.._._._.,_.___._...__...._____...__.......__.__.________.__......._._..___._,.._.______.____.___.___h_____..__....____~____....____._....__..._ 4. Is there any way to do what you want without this request? .1='1.__;1 ._V\.:J,+plJ.?5.;hl e_Jc)b,:,;JA_5.."." .~lJL2+;,,-_,:,.,j._jqfCql~_.<2D_"''''''=... -.. P-'cJ-(!IL+f ._--y" ',-I:J,,.,+ J--'?-' 7 -- ..",,,'i5;jQ. of-_.chQ_('~r;:,c,,*1':'J'1A_;'l)_L;_/\J .- Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the calt of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property,-and-tl:latthe-ZooiAg.Soard- of ~t action d=not~.approvaLo[a b'lildiflQ p",rrrtiL___m - - Applicant's Initials T? Date 9/14/0) APPLICATION FOR VARIANCE CV - 410 (MARCH 03) Zoning Board of Adjustment GENERAL REQUIREMENTS AND APPLICATION INFORMATION GENERAL INFORMATION Jurisdiction The Zoning Board of Adjustment's powers and authority are vested in Section 211 of the Texas Local Government Code, the Colleyville Land Development Code of the City of Colleyville, and the Board's Rules of Procedure. The Board may only decide issues authorized by Chapter 1 of the Land Development Code, or in other areas where it is given specific authority. Structure The Board consists of 5 regular members and 4 alternate members, appointed by the City Council. The Board is a quasi-judicial body and does not have the authority to amend ordinances or create new laws. Meetings The Board meets on the second Tuesday of each month at 7:00 p.m., as needed, in the City Council Chambers at City Hall. TYPES OF REQUESTS Variance Request The Board may authorize a variance from the specific terms of the land Development Code when II,,, lite, al enforcement of the ordinBnce would result in on unnecessary hardship or practical difficulty in the de"elopment of a specific property. Variances may not be granted to serve as a convenience or to relieve a financial hardship. Special Exception Request The Board may authorize a special exception land use where allowed by the land Development Code. Interpretation Appeal An appeal for an interpretation of the regulations or zoning map designations may be filed with the Board. An interpretation by the Board establishes guidelines for ruling in future administrative actions. See Chapter 1 of the Colleyville Land Development Code and the Zoning Board of Adjustment Rules of Procedure for complete information. INSTRUCTIONS 1. Application Procedure - Applicants shall submit a written application to the Community Development Department using the form included in this packet. Detailed submittal requirements for each type of application are contained in this packet. A filing fee established by the City Council shall accompany every application. The amount of the fee is based on the actual cost of processing the application by the City. The application fee for a variance is $125. 2. Stay of Proceedings - An appeal stays all proceedings of the action appealed from unless the Administrative Official, after the notice of appeal has been filed, certifies in writing to the Board that a stay would cause imminent peril to life or property. In such cases, proceedings shall only be stayed by a restraining order granted by the Board or by a court of record. 3. Notice of Hearing Official written notice of public hearing on every application for a variance or for an - --- - iilferpretatiOn of regUlations appTytng-sote1y to an-Individual pi up'" Ii are-sentto aIt oWI,ers-of-reat-property lying-within-- lWEI hundreEl feot of tAe property on \k(hich the "aria"," i<; r"'l"..c:tE>rl Thp. nflticf! of hp.aring is mailed to p.ach property owner as the ownership appears on the last approved city tax roll. The notice will state the date, time and place of the hearing, and the nature of the subject to be considered. 4. Public Hearing Procedure - Public hearings are required for all requests for variances or permits for nonconforming uses or structures. Upon submittal of the application, the Community Development Department will schedule the application for public hearing before the Zoning Board of Adjustment. The public hearings provide an opportunity for the Board to hear from appellants; examine evidence; question the appellant, city staff, or any APPLICATION FOR VARIANCE CV - 410 (MARCH 03) witnesses; or seek additional information. At the public hearing, the applicant, all proponents and all opponents will be given the opportunity to speak about the proposal. After completion of the public hearing, the Zoning Board of Adjustment will discuss the merits of the case and render a decision 5. Decision and Voting - Every decision of the Board must be based upon findings of fact and detailed in the record of the meeting. The standards for consideration of a variance request are detailed in Chapter 1 of the Land Development Code. The affirmative vote of four members is necessary in order for a reQuest to be approved. A 3-2 vote in favor of the request is not considered approval of the request. 6. Approval of Request - In approving any request, the Board may establish conditions, including time limits, in order to substantially secure the objectives of the regulation or provision to which such variance is granted and to adequately provide for the maintenance of the integrity and character of the zone in which such permit is granted. When necessary the Board may require guarantees, in the form as its deems proper, to insure that conditions designated are being or will be complied with. 7. Denial of Request - No appeal or application that has been denied shall be further considered by the Board, unless the Board affirmatively finds: CD that new plans materially change the nature of the request, or <i) the permitted development of other nearby property in the same zone has been substantially altered or changed by a ruling of the Board so as to support an allegation of changed conditions. 8. Appeal of Board Actions - A decision of the Board of Adjustment may only be appealed to district court. The petition setting forth that such decision is illegal, in whole or in part, must specify the grounds of such illegality. The petition must be presented to the court within thirty days of the Board's decision. The City Council does not have the ablthority to re"iew a decisinn of th4O' 7nnino Rn:>rrl nf Arlj",dmp.nt APPLICATION SUBMITTAL REQUIREMENTS o Completed application form and application fee Site plan, drawn to scale, showing all lot dimensions and all existing or proposed improvements to the lot Other supporting data related to the request Completed application form and application fee Site plan, drawn to scale, showing all lot dimensions and all existing or proposed improvements to the lot A written statement from the applicant describing how all conditions of the Land Development Code have been or will be met Completed application form and application fee Statement by the applicant describing the way the Regulation should be interpreted, together with diagrams or charts illustrating the proposed application of the text or map provisions Letter from the Administrative Official detailing the basis for denial of the request Variance Request o o o Special Exception Request o o o Interpretation Request o o FOR MORE INFORMATION Community Development Department City of Colleyville ~5400-Br3nsford RGad--m ~-- ColleY'/ille, T e)C::ls 7RO?d 817.577.7587 office 817,577.7567 fax APPLICATION FOR VARIANCE cv- 410 (MARCH 03) Joseph & Helen Pitts 205 W. Mill Valley Drive Colleyville, TX 76034 Harvey McLean 201 W. Mill Valley Drive Colleyville, TX 76034 David & Asako Fertitta 125 W. Mill Valley Drive Colleyville, TX 76034 Arnold & Norma Bachschmid 121 W. Mill Valley Drive Colleyville, TX 76034 Christopher & Patricia Renfro 213 W. Mill Valley Drive Colleyville, TX 76034 Samir Bastawros 209 W. Mill Valley Drive Colleyville, TX 76034 Earl & Patric Claiborne 216 W. Mill Valley Drive Colleyville, TX 76034 J D & Kyoko Fitzgerald 212 W. Mill Valley Drive Colleyville, TX 76034 Christopher & Kathryn Hatwig 208 W. Mill Valley Drive Colleyville, TX 76034 Larry & Kathleen Lehrmann Lehrmann Family Trust 204 W. Mill Valley Drive ColleYVllle, TX 76034 Michael & Margart Agar 200 W. Mill Valley Drive (,()l1eyville TX 76034 City ofColleyville City of Hurst 1505 Precinct Line Road Hurst, IX 76054 Case A-03-008 According to the last published Tax Records, individuals who own property that is within the 200' of the proposed variance request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by Section 211 the Local Government Code. (Notices dated: September 25, 2003) 'm .-----uuf! - .. ___u Jdll Lt::vy , Planning & oning ASSistant In 1::lID 2.1 AC ~ I ~L.------'::~- L--- L- L-J 11 0','~'\,~. ~ ~-~- , ...--- ~ --- B " .. I. ~ ,};l~ ~IC [J~ [ ":LL C~"";":~ . L r~T~:- II ~:L1' ',::'::;i.. ~ ~') I............... l' "J~. · 'rvl---: ,. 14.11>~pD~~ . !' 1.716 II .---' \r~ 19 J ( ~I 1 20 ~ 'z; ((irE, ~ MILL BRUOK UN ..J. Ll\. .....- - ~. 1. U '. '.G 17 12 I. <. t ....; ;,::' 6 21" 1:. ~ 7 II .. ~ Ii Ir~ ..\.>-<;-/' "!;" " . ,,11;:-... '"" , 0 /\. 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E c . ~ -. - - - -- - -. ;: , "1.070 F '""'- 4.. . - 13 E(~, -- -ll,l'~---- -O'~- ~ _______n_____._______ \)V j~ '2 ,. t ~ !~~ :r~ ~vr::l:\;0-(, ': ~~~.'.~' F :\- U' 'I ,,-/1.V ".1 Jf-\' ) 1 ~ -,_1'_~.1}... hl,I1.v~'Lf;,,h,("'I' ,.....~I _Ol1',l..,..l~- l tV,; MILt VAl, t,{ Dr( 'If I~['~-~1-' _~_.::~_;~~~_~!I.~~~I:'J. {~l.U_ -_;~ '~IiJT.~ 2~ l~ f1lns CI Y I t<\ll~ I 1\ ... 1) ~ 1 ~, 4 !l . l' <, Z ,.p S 1 I.:) z.- nHE~F.N lIR "- ,.. ./ ~; i'~ ;-J 10 f!l . ~~ . . ., , " " . liF./iF.I(.I!:TT^ DR .. " " " 14 \5 ,. " - _:---H ~. " " , 28 21 2& W~~ \, ,. " " 7 I ~9 .. I \ 2~ \~ 25 2~-=- L _, ,,~\..--- Location Map & Area of Notification CASE # A-03-008 205 W. Mill Valley Drive - Variance N I I ~ ~ .f Ii :1 0 II cr 'I I, ~ 11 - " \I LU II > cr: 'I I, C) Ii CL a: 01 LU :, ~ l! !I H Z i: <: it i( I I. :1 II I. I I> !j ii Ii 'I Ii if ~-~~._- j/' ...:: ,r;' ,'/ ) " " , I' 'f ! 1; ;i i! !I Ii II 't " i: II r ,I '1-H .. . c <:) 'n .~ "'" e-, - - .... <:::. c :oe. ilt u MILL VALLEY DRIVE (50' R.OW. - 27 Concrete) '! ~; S 89'18'47" E 85.00' , , ':;' Street, >~Inage, uu Jkt~ 5: Pee. [sml Let 1 BlOC- N 1 r ~I ,-., f u ~ \~'-S"f:' .....J :ri :r, ...... "to:.. r,> !0=~__ 1 RJ - - -- - -1- --- I ~I I I , .30' BL. rORM BOARDS 100' ,- ; 5' Jro;no~e' & Utility Esml. I : - -- 4;'T -- -- - -- - -<r>~ _ t~ ~r~a~ ~ ~il~ ~~ 1 r RJ. N 89'18'47" W 85.00' T~e Hoven 5t & 2~d Instaliment Lot 2 Lor 1 FORM BOARD SURVEY Lot 1, Block N Mill Creek Addition, Phase II "'. r " 11_ ... - c <<:: "" - .... 2 Lot C":l - - .... <:::. c Cr:l j B 8 .' T 2 I' & 38 B ! 1 64 , -- -,- - .--------_.~ I '/ \ ~l~ ! I \, Ii Ij \, i l'l " !i Ii , ~! J, \ \ \ Samir Bastarows 209 W. Mill Valley Drive Colleyville, TX 76034 September 29, 2003 By email to:levyj@ci.colleyville.tx.us Ms. Jan Levy Planning and Zoning Assistant Zoning Board of Adjustment City of Colleyville P. O. Box 185 Colleyville, TX 76034 Dear Ms. Levy: CASE NUMBER: A-03-008 Variance ReQuest by Joe and Helen Pitts of205 W. Mill Valley Dr.. Collevville. TX I am opposed to granting of the variance request for the following reasons: 1 Constructions of structures that encroach over building line affect the look of the neighborhood. The building line is set after careful consideration by City Officials. 2 The intended location of the garage affects the view from my house and may, unfairly, lower the value of my property. The new facade will ruin the views from my living room, dining room, and porch and interfere with the full enjoyment of my property. 3 The plot diagram shows the proposed garage as a completely detached structure and not as an extension as implied in the request. 4 Furthermore, no doors are shown for the detached structure. If the door is installed facing Antwerp Drive, vehicles exiting from the garage will affect traffic on Antwerp Drive. If the door is installed on the adjacent side, then the driveway to the garage can potentially be used for parking more vehicles, further affecting the view from my house. Also, consider impacts on values of adjacent properties when evaluating this Variance Request for approval. . . Sincerely, . ,-L )~~ Samir Bastawros