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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-1/13/2004 city Of n~ AGENDA ZONING BOARD OF ADJUSTMENT City Hall - Council Chambers - 100 Main Street Tuesday, January 13, 2004 REGULAR MEETING: 7:00 P.M. CALL TO ORDER Chairman Dee McNosky ROLL CALL Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ed Moore, Pat Davis PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES October 14, 2003 AGENDA ITEMS 1. Case A-04-001 - PUBLIC HEARING - Request by Michael L. Moore for a variance from the fence regulations of the Colleyville Land Development Code on Lot 6, D.P. Arrington Subdivision, located at 5102 Montclair Drive 2. Case A-04-002 - PUBLIC HEARING - Request by Lee A. Hughes for a variance from the fence regulations of the Colleyville Land Development Code on Lot 2, Block 1, Panno Addition, located at 312 Black Drive 3. Case A-03-006 - TABLED ITEM - 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 4. Case A-03-008 - TABLED ITEM - 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 I. Jan Levy, cerMy thai this agenda was posted on the Bulletin Board at City Hall on Friday. January 9, 2004 at 4:30 a.m Zoning Board of Adjustment Agenda - January 13, 2004 Page 1 of 1 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - OCTOBER 14, 2003 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on October 14, 2003. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Pat Davis Ron Sturgeon Barry LeBaron, Clayton Husband, Jan Levy Absent: Staff: Approval of Minutes August 12, 2003 Bruce Bercher moved to approve the minutes as corrected. Skip Reynolds seconded the motion. The motion was passed by acclamation. SwearinQ in of Newlv Appointed Members Recording secretary, Jan Levy, administered the oath of office to Dee McNosky, Place 4; Larry Henry, Place 5; and Ed Moore, Alternate 1. Election of Officers Skip Reynolds nominated Dee McNosky for Chairman. Butch Bercher nominated Larry Henry for chairman. The vote was 4 to 2 for Dee McNosky for Chairman. Skip Reynolds nominated Rich Munson for Vice Chairman. There were no other nominations. The vote was 7 to 0 for Rich Munson for Vice Chairman. Chairman McNosky explained the procedures of the Zoning Board of Adjustment and outlined the meeting format for the audience. The five voting members were: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, and Larry Henry. A~enda Items 1. Case 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 Barry LeBaron presented the case to the Board and reviewed the staff briefing. Zoning Board of Adjustment Minutes - October 14, 2003 Page 1 of 6 (Draft Copy - October 16, 2003) Janice Robbins was present to represent the case. She explained the reasons she is seeking a variance and presented pictures to the Board. Evan Smith, 5912 Pleasant Run Road, spoke in support of the variance. He said he moved to Colleyville one year ago and the neighbors next to Ms. Robbins to the north have parties that go sometimes until 7 a.m. He said there is a great amount of noise and sometimes there is even a band playing. He said people visiting the house to the north of Ms. Robbins park across the street on Pleasant Run and on Beverly Drive and they create a big disturbance. He said Ms. Robbins needs to do something to protect her property. There was no one else present wishing to speak, and Chairman McNosky closed the public hearing. Skip Reynolds asked the applicant questions about the noise and disturbances associated with the neighbor's parties. He asked if the police have visited the scene. Ms. Robbins said the police have visited approximately seven times in the last year and a half. Mr. Reynolds asked Ms. Robbins if she had considered constructing a 30 inch fence with shrubs. She responded that she has planted shrubs in the past and the neighbors drove over them. She said she put reflectors out and the neighbors tore them down. Mr. Reynolds asked staff to explain the kind offencing the applicant could put in the area over the building line. Staff explained that a fence in the location over the building line could be 30 inches tall, and the fence must be constructed of not more than 25% solid construction. Mr. LeBaron said this lot has a large front setback that is an extra 15 feet setback in comparison to most building setbacks. Rich Munson said he visited the site and a solid 30 inch wall would be a better barrier than what the requirements currently are. He said a high fence would not be out of character for the area and he did not see that there would be a site problem in the location of the proposed fence. He said there is currently a bush that is growing in the bar ditch that creates a visibility problem and he would appreciate it if staff would call that to the attention of someone in enforcement. The Board entered into discussion about the height requirements and the kind of fence that may resolve the applicant's problem. Rich Munson suggested that the applicant work with staff to explore other possibilities and come back with a plan at a later time if a variance is still needed. Dee McNosky moved to table the variance request. Butch Bercher seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Henry Noes: None 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 Barry LeBaron presented the case to the Board and discussed the staff briefing. He explained Zoning Board of Adjustment Minutes - October 14, 2003 Page 2 of 6 (Draft Copy - October 16, 2003) how the applicant would be creating a nonconforming structure when they turn the temporary residence into an accessory building because the size of the accessory building would exceed the size limits for the R20 zoning district. He said the applicant did not indicate the long term plans. Mr. LeBaron explained the setback requirements in the R20 zoning district. He said a petition in opposition was submitted by neighbors Tuesday afternoon with twelve signatures and copies of the petition were distributed to the Board. Matthew Moore, 3534 Bear Creek, Hurst, Texas was present to represent the variance request. He said they have finished the blue prints to construct the primary structure and they plan to remove the windows on the barn and install a garage door and use it as their garage. He said the room in the downstairs will be used as a home office. Wayne Quenichet, 5005 Oak Timbers Court, said he agreed with all of the points stated in the petition of opposition that was presented by the neighbors. He said If the variance was to be granted, he would want a concrete time restraint as to when the structure would be converted back to an accessory building. Harvey Collins, 5013 Oak Timbers Court, said that he had no problem with the Moores, but what they are proposing will have an effect on the property values and quality of life in the neighborhood. He expressed concerns that the temporary structure could be turned into a rental unit once another dwelling was built on the property. He said if it becomes a garage that would be all right, but some kind of commitment would need to be signed so that it never gets used as rental property. He said that even if the applicants are required to remove the stove unit, a microwave oven and a Dutch oven fulfills most anyone's need for a primary residence. He said when he moved to the neighborhood, he was impressed by the large lots with attractive homes and the zoning district is single family R20 and he expects the City to enforce the single family requirements. Bill Miller, 1100 Riverwalk Court, said he echoes the previous comments. He said when he built his new home, he had to abide by all of the setback requirements and a five foot setback is not acceptable. He said from a land value point, he is opposed to the request. Mark Delgado, 1104 Riverwalk Court, said he has the same issues that the prior speaker had. He said the barn in the current configuration is all right and they were aware of it when they bought their lot and built their house, but the new construction would add more roofline. He said the site is acceptable for the barn, but adding on to the structure that is only five feet away from their property lines is too massive. Carol King, 5000 Oak Timbers Court, spoke in opposition. She said that allowing the accessory building to become a primary structure increases the possibilities that the structure will be turned into a second residence and others may follow. She said that Colleyville citizens have taken a stance against allowing apartments and she is opposed to apartments in Colleyville. There was no one else present wishing to speak. Matthew Moore, the applicant, said that renting the accessory building out is against City codes and the City would not allow it. He said the improvements will make the barn more attractive. Chairman McNosky closed the public hearing. Zoning Board of Adjustment Minutes - October 14,2003 Page 3of6 (Draft Copy - October 16,2003) Butch Bercher said that in the past the Zoning Board of Adjustment has always looked for a compromise and there are valid points why the applicant requested the variance, but one of the purposes of the Board is to make decisions that are neighborhood building and with all of the neighborhood opposition, this would be difficult to approve. Skip Reynolds asked questions of the applicant about the precise plan for the office. The applicant said he offices from his home and is in sales. He said he uses a computer and makes telephone calls. He said there would be no office staff. There was discussion by the Board and staff about the regulations for home office use and how the office can be in an accessory building. Larry Henry spoke about how the expansion of the building creates a problem and he said there should be a time frame stipulated when it will convert back to an accessory building. There was discussion about the proposed size of the accessory building exceeding the maximum square footage for the R20 zoning district and how a nonconformity will be created. There was discussion about the requirements for a Special Use Permit for accessory buildings that exceed the size limits. Skip Reynolds said that with all sympathy to the applicant, everyone has a serious concern with changing the character of the neighborhood. Chairman McNosky called for a motion. There was no motion by the Board to approve or deny. Chairman McNosky moved to approve the variance. There was no second to the motion. The variance was denied per the regulations in Section 1.16.H Decision of Zoning Board of Adiustment which state: The concurring vote offour members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Land Development Code, or to effect any variation in the application of this ordinance. 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 Barry LeBaron presented the case to the Board and reviewed the staff briefing. He explained the way the regulations are worded to determine whether an accessory building is considered attached or detached. He said this structure would be considered attached and consequently, needs to comply with the yard setback requirements. He told the Board that another letter of opposition was received after the packets were distributed and copies of the letter were given to the board members. Joe Pitts, applicant, 205 W. Mill Valley Drive, was present to represent the variance request. He told the Board that an additional garage was needed in order to store a classic vehicle and their present two cars will be stored in the existing garage. He explained how the one car garage will be constructed with brick to match the existing structure. Zoning Board of Adjustment Minutes - October 14, 2003 Page 4 of 6 (Draft Copy - October 16, 2003) There was no one present to speak in favor of the request. Those present wishing to speak in opposition were: Sam Bastawros, 209 W. Mill Valley Drive, said he and his wife are opposed to the variance request. He said he likes his neighbor very much and this is not a personal complaint, but he is the neighbor that is most affected by the proposed garage. He said that he is licensed in the State of Texas as a professional engineer. Mr. Bastawros drew on the marker board in the chambers the location of his house and the location of the proposed garage. He said the proposed garage won't match on the side of the building and it will be very close to the sidewalk. He said that his house which is on the opposite corner has dining room and den windows that look out onto the side of the Pitts' house and the proposed garage will be in full view. He expressed concerns about the safety associated with the garage being constructed in this location. He said that cars turn fast onto Antwerp and the garage may block visibility. He said there are many children in the neighborhood and they need to eliminate any potential accidents. He said that when he had talked to Mr. Pitts in the past, he assumed the garage would be put in a different location on the lot and this location is not acceptable. Chris Hatwig, 208 W. Mill Valley Drive, expressed concerns about the existing side yard not being very large and the best the Pitts could do is build a one car garage and the pitch of the roof would be different from the main dwelling. He said that traffic is an issue and in the past he has worked with Police Chief Young about traffic issues at that location and a stop sign is not allowed. He said he can't see a massive building going into the side yard that will be right up against the sidewalk. He also told the Board that his neighbor Sam Bastawros' view will become concrete rather than open space. Jim Fitzgerald, 212 W. Mill Valley Drive, told the Board that he submitted a letter of opposition to staff. He said that he has concerns with the safety issue. He said the aesthetics of the neighborhood would be changed and green space and open space is very important and add to the value of the homes. Mr. Fitzgerald also expressed concerns about setting a precedence in the neighborhood if the variance was granted. The applicant, Joe Pitts, said that he is proposing a one car garage that will be ten feet away from the sidewalk. He said that he does not want to detract from the home values in the neighborhood and he cannot envision the structure would create a traffic problem. Chairman McNosky closed the public hearing. Butch Bercher asked staff if there were other locations the garage could be built on the lot without the applicant having to request a variance. There was discussion about the easement on the lot and the need for staff to research if there are any utilities in that easement. Ed Moore spoke about the location of the garage and the location of a driveway to maneuver into the proposed garage. He said that according to the applicant's calculations, the proposed garage will only be two feet away from the existing house and that creates a difficult space to maneuver. Zoning Board of Adjustment Minutes - October 14, 2003 Page 5 of 6 (Draft Copy - October 16, 2003) Sam Bastawros told the Board that two additional cars will be able to park on the newly created driveway to the proposed garage. The Board discussed the aesthetics and traffic safety issues associated with the request and Butch Bercher said there should be some other solution to provide a one car garage on the lot that will have less impact on the neighborhood. Chairman McNosky suggested that the applicant work with staff to try and find an alternative solution. Rich Munson moved to table the case for a maximum of sixty days to allow the applicant to try and find an alternative solution. Larry Henry seconded the motion. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Henry Noes: None ADJOURNMENT The meeting was adjourned by acclamation. They're being no further business, the meeting adjourned at 8:20 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 - October 14, 2003 Page 6 of 6 (Draft Copy - October 16, 2003) .~ 1'exa8 ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: January 13, 2004 A-04-001 - Public Hearing - Request of Michael Moore for a variance from the fence regulations of the Colleyville Land Development Code on Lot 6, D. P. Arrington Addition, located at 5102 Montclair Drive SUMMARY and COMMENT Michael Moore contracted to build a new home for Mr. and Mrs. Don Wilson on property located at 5102 Montclair. As the construction of the home neared completion, Michael Moore, the contractor, applied for and received approval of a building permit to a perimeter fence and entryway screening wall with wrought iron and masonry columns. Plans were reviewed by staff from the Colleyville Fire Department, Engineering Department and Building Inspection Department. The plans submitted for the building permit did not indicate the height of the screening fence. During the construction of the fence it was discovered that the screening fence exceeded the maximum allowed height for a fence of eight feet. The fence has been constructed to a height of approximately ten feet. CONCLUSION The ends of the screening fence, consisting of approximately one half of the frontage, is situated adjacent to the front property line along Montclair Drive. The remaining fifty percent of the screening fence functions as the entryway for the property and is set back from the front property line approximately eleven feet. There are other screening walls which have a similar appearance along other portions of Montclair Drive. However, these other screening walls serve as subdivision perimeter screening walls. The screening fence does not create any vehicular visibility issues for traffic on Montclair Drive. RECOMMENDATION Approval of the variance as requested. . Photos of screening fence · Application for variance with explanation Prepared by: · Location map · List of property owners notified ATTACHMENTS Case A-04-001 Agenda Item No.1 - Pg.1 of4 Case A -04-001 Agenda Item No.1 - Pg. 2 of 4 Case A-04-001 Agenda Item No.1 - Pg. 3 of4 Case A-04-001 Agenda Item No. 1- Pg. 4 of4 CQen~ T'elliloS ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 +APPLlCANT MJOI461- L MO~~ Telephone No. 8JZ.1<U.'~Fax No. 8L7:18[liESft Address68{)~EALLfJ/2cJC1L ~T. City Cql....LE.1Vll.Le--. Applicant's Status: (check one) 0 Owner 0 Representative 0 Tenant + PROPERTY OWNER Do",; 4. 6/tJ.J W /L.SP,.,J Address . S/oz.. MOtJ-tU.dIL M.I~C City Ck[ le:J\JJ~' IX'1~3f ....... State D( Zip Code 7i:/:) 34- 7;;2(~'~M') U("d('~"al I~:;t DP#~ Applicant Signature Date;'\ '.d Owner .Sjgnature -/Jt1..,."tJ v W /..t.. oj. ,;'Ji/ The property owner must sign the application or submit a notarized leUer of authorization. Please initiaT the acknowledgments on the State TX Zip Code 7toJlt Telephone No. 817.S4D. 'W'Fax No. .5'-'11.1('..... Il.l. h Date second page before signing Ihis application. PROPERTY INFORMATION Street Address or Location ... 5i07,..IIAQ...,+L '-cd ,iL 'D1l.1~!f Legal Description?-o r (p ,/J. P. fifLlf....IIV6:TQu-S.r.J.JQ(J/VL"SIC>.AJ Present Zoning iCE~IP€..J11c;i.L- Present Land Usel2,E:~It'le.,)+\,.it,.. Status of Project: 0 Proposed 0 Under Construction ~ Existing Have you applied for a building permit? (i{Yes 0 No Lei' Y I S'sVED 131.111...))IJ" t'Iutk\;+) Have you filed an appeal or petition on this property before? ~No 0 Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY .... Case Number Hearing Date o Approved with Conditions o Denied Action o Approved 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. ABIl.-I'T'I 1b 13\J,'Ll) ~,.it COl.-Ll.t1JG J. l<JJl.LS AS -."'............"'.........-.--..-.___........."."'."..........__m_...._m__.__.,_._._........._......... ........ n...... ~LtlEP ~'1c.,l'~> of COLli:J\JItA.~Cct,I.l....j~~){t{:~DB./AS II,)b:tE:t:lJ~PE.l.J.<j.ffF.f1;J f.W.S$vt3h"#-~ -It> c.~. AIL "",,{.Ets.-ml:::~~r2.6S~i -,:>~I\ v ~81F.f. ~ ITPH ~1?:~4-f9. .... 2. Do similar conditions exist in the area? Explain. ~l"...L-I rhe~~J-lL...4 . .lk.]b(.(l;,.::J/:{ 'tf,,s ,~L Ncr?rlj~J.>E /ltO.Jte-J..?J)"4-_"\r c.)cJ.LL. . -....--.--------..........,.,.--.... 3. Describe how the unique conditions or circumstances do not result from your actions~IA ~f...ILtJ.LL.5 ..c..-tfes .,J ....fE..J.t;IZ.... H'tv'Ej')'i~.){)l?('16..~.l:::-k~/~ !e:-,.u,~Jl~..f;.:,.~~4,JzJJl= 1I$'-1ll,.vdv'(..J'!8f2.P,o()~~-tJJ V J.UJ t .;{;. ~el1.\d Ufb~A..Jf?+~~Jt<)L(€I~ CDL-Lf::]\JIt..LEm'_ 4. Is there any way to do what you want without this request? M~+1#1ISPOI:;t.~ L.Jf~fS,)I3"u i:l~e/ !1Jd I2..{,VJE:.:vt:'.i -b EM~tZU~L:J ~ E.J6iv6e....i.J ! plJ/~/)I;~G'-f,fJi~~ pf 1h=c, 16wJ.I~1Jt -tro\l.... ft.fPl-.o"!-, 10 'P.'\}s.l\~ IliSI.llOd P5(1...;t-I'IJI:~.J':!IEb.<;);Jt~ 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 approval of a building permit. Applicant's Initials /fM'-4- Date /2) 1~/3 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 the literal enforcement of the ordinance would result in an unnecessary 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 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 applying solely to an individual property are sent to all owners of real property lying within two hundred feet of the property on which 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 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: Q) that new plans materially change the nature of the request, or al 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 review a decision of the Zoning Board of Adjustment. APPLICATION SUBMITTAL REQUIREMENTS Variance Request c 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 c c Special Exception Request o Completed application form and application fee C Site plan, drawn to scale, showing all lot dimensions and all existing or proposed improvements to the lot c A written statement from the applicant describing how all conditions of the Land Development Code have been or will be met Interpretation Request c 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 c c FOR MORE INFORMATION Community Development Department City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 817.577.7587 office 817.577.7567 fax APPLICATION FOR VARIANCE CV - 410 (MARCH 03) I I ~ . 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T1t 1"4 TRut'l."c "" ,.. \10 ." b~ ~ \ \;'il't <;"~U4Ci. . I ';' ~ -:'" 202 \011 . ,..i-\..l c TR WI U1 AC ~':Arc' 4- TR 1A~1 "c \. i TR ...... t.2ID AC Location Map & Area of Notification CASE # A-04-001 5102 Montclair Drive - Variance ", 1 ... 2D ~ ~~f ", L u e James A. Titus 5110 Montclair Drive Colleyville, TX 76034 Ray 0 Dean Est. 5106 Montclair Drive Colleyville, TX 76034 Donald & Gina Wilson 6408 Regiment Place Colleyville, TX 76034 Noah Paul Sims 5113 Montclair Drive Colleyville, TX 76034 Joe M Deupree 510 I Monclair Drive Colleyville, TX 76034 John & Nelda Thompson 5017 Montclair Drive Colleyville, TX 76034 Jack D0l1ch PO Box 1113 Grapevine, TX 76099 Chris & Robin Faulkner 5105 Montclair Drive Colleyville, TX 76034 Michael L. Moore, Applic(/1If 6808 Fallbrook Court Colleyville, TX 76034 Case A-04-001 Acc~rding to the last publ.ished Tax Records, individuals who own property that is within the 200 of the proposed v.a:lance 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: December 17, 2003) ff Jan Levy v I Planning & Zoning Assistant .~ l'exa!l ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: January 13, 2004 A-04-002 - Public Hearing - Request of Lee Hughes for a variance from the fence regulations of the Colleyville Land Development Code on Lot 2, Block 1, Pan no Addition, located at 312 Black Drive SUMMARY and COMMENT Mr. Lee Hughes is the owner of a 1.5 acre lot at 312 Black Drive. The lot is the location of the owner's residence. Mr. Hughes has submitted an application for a variance from the fence height requirements to allow him to construct a fence that exceeds the eight foot maximum established by the Land Development Code. Mr. Hughes indicates on his application that he want to construct a cedar fence, ten feet in height along the east property line. This section of the fence will have rock columns spaced 28 feet apart. He also wants to construct ten foot cedar fence along a portion of the west property line. Additionally, Mr. Hughes wants to construct a wrought iron fence along the front property line. The wrought iron fence will be ten feet in height. CONCLUSION The site plan is not specific as to the precise location of the proposed fence. Phone calls to Mr. Hughes to obtain additional information have not been returned at the time the agenda briefing was being finalized. RECOMMENDATION It is not possible to determine the impact on adjacent properties based on the available information Recommendation will be determined at the time of public hearing. · Photos of the property · Drawings of proposed fence . Plot plan of property · Application for variance with explanation · Location map · List of property owners notified Prepared by: ATTACHMENTS Case A-04-002 Agenda Item No.2 - Pg.l of3 Case A -04-002 Agenda Item No.2 - Pg. 2 of3 Case A -04-002 Agenda Item No.2 - Pg. 3 of 3 ('llf:IldA.l) .0-.801.0-,9 I,:~' b .,. ,+ c" ~I.:.:",,,,,.."'~ '::.. :. ......:., :..:...;.<,;<.~ .'1 ~t:-:J~ ...: "~ ~~ ~~ ---: " ~o ~~~ ~ i~ ~~ I ~. i r""HI,HI',t:' .....:..1G,] r.,... '1',,;,>.:.. ,:. ll.,-ri~ . .' ...t"-...."...,~III- J JI:iill!~ ~~B ......,f- ?~ ~ " 'l( ~t ~_ ... . < Ou ,. 'tJ-!1~ ',9 'ttr 4J-.' .1 * JIA ~ ~ ~ " r ~ ~~ ...:i ~~ ~ L , N '/fo"i' h~. '. "".1E'::' .T' .',.., T7":!.'. " "'".... -' .:' ....' "~ ~~ ;~ -' ~~^ -: ~_t; u~ti ~e< '"':: ~ u ~~%~ i~i~ ~ .o~o [':"., . . r"~- I. '.:t.,'. .'I4FJ .. o z ~ I " t .."., .;./ . '1 ,~ ~'u ~~[ ~t ~ """j! .......~.. ......~....... -"1 ~. 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E-< o Z ~ ....l;:'::r:il <S:;S e:: :r::if! ;5 E-< E-< E-<, Z ~O tj~e: ;a ~Z E-<<=10 Cv ~ <=1 ~'....~ o f5 ~Q:I ~ :s u < CO i>.. ~E--< U~ Z~ ~~ 00:> 0::C\l <- o 0:< II Zo O~ Cl~ 0::....... <~ 00' o:<~ ~ 0:: < . o~ ~O' ~ SCALE l' c CO' :; n :~ . , .~ : ~ 0 :r 5... o 0:': t.E ~~;~ ,JJ...... ~ 1t'1 i:I ~~ In p ~5 ~~~: !~~ i Ei :~~;~~ o '-:r i:I ., Of-'''' Q. I' ~ ~ i r: ~5 .. ......" "l 0......<1 ;::.~. <l. ;- ...." ... rI g ~ ~ :; l'1t:r..... "gin ", " . , il :: ~ ... :1 t- ~ ~ ~ : ~. ~ . ~ f ~ "<l I ~ ~ LOT 1, BLOCK I PANNO ADDITION CAB. A, SLO. 4Q83 P R.T.C,T " 0 . , , 0 i~ ~ ~ i: ?:& ~' ~ :; .~ ,-, g~ ~ ~ o " o , . , F'ND 1/2" IP VOL. lIB13, PC, 7ga n,R,T.C.T. (PLAT EAST) S89'54'56"E 150.00 fND. PIPE (BENT) *- 0,. VOL. 8960, PC. 22.011 D.R.T.C.T. UJ o o . CJ1~ CJ1" -j; ~'"' '.... trI.... '" ....a. .....::!. l\) '" CJ1 PLAT OF LOT 2, BLOCK I, PANNO AOOITlON, AN ADDITION TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A. SLIDE 4983, PLAT RECORDS, TARRANT Iff DRG, &: UK --t----- WELL I I I I I I Ii I~ n I I I I ~T .. to I ~~ 15.4 LOT 2 BLOCK 1 813.405.13 S.P z o q (J1 (J1 (J1 .... =i .... .... l\) CD --.J 15.2 ., .. to I... !~ .. I~ .. I I I I 40' --j- , PND. CAPPED IP WEST 150.00 PNO, CAPPED I (BEARING CONTROL. LINE) VARIABLE ASPHALT 312 BLACK DRIVE (Q.~ TellillS ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 +APPLlCANT L~~ A, \-lLJ(,..l-l.g:-S Address3J:;.b "', , 'B <.,~C~, City eQ l LE:~ V t \\~i~X~m Applicant's Status: (check one) IiiH:1Wner 0 Representative + PROPERTY OWNER Telephone No. (j(1)4tj~-li,?)4Sax No.@I'1)4-?9~~I('% State ----- L~1f'I$,. Zip Code --z,,~~4 o Tenant Telephone No. Fax No. Address \ )J;?t>i o) ~ The property ner musl . n the application or submit a notarized letter of authorization. Please initial the acknowledgments on the second page before signing Ihis application. PROPERTY INFORMATION Street Address or Location '3 t~$('-A9?-mtJi2-l V ~ ,m Legal Description l~", ,,~ ~~9:-+.-e"\clo:-lc:> ,,~rII"?rA Present Zoning Present Land Use Status of Project: ~posed 0 Under Construction Have you applied for a building permit? 0 Yes ~ Have you filed an appeal or petition on this property before? ~ o Existing DYes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Hearing Date o Approved with Conditions -" {~".j J/ /)~"?'- ../(,..#. II ). 5 c' ( o Denied Case Number Action 0 Approved 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. f' 1. Fully describe the variance you are requesting. ~(jLIIV\,:!o;jc:Sll-&J..;;::,_(~Lt(IL~jfTcylc:..jtS::[)1,:JAl'?i~ SJct P:./o -'1 li,"6.) L,Lti,,- 0.\, .,,:-,(,",--rT:,,~:J j\,-, G ~Jt1" i 1\--1 iJ-L",).,.-I-cI~LL_<A""c l'J, , L EJ: T';:t 0\\';r D:",,~ I ,e.::", :Ji..(L,L \,\ .;,: Ll?'Ji J4,ck "'iV CL rlldlll ,b\srE,,~c (-:<:4(H2\i,:i\ +C;(tLJA-J ' :;li';~ C-~l~C;jV\"~j~\~'~ -t~It:,,-1 U(;/ ) I,l:ltll:i:' -(lA~I2:,'J.,l-rf:...:.:\fv~/\j('I(\tJt-?IQ~~",\ \ , 2>00 similar conditions exist in the area? Explain. ,f\\l'JJ\JL,:GY1'Cj"I&-AJ~,t~lg';~j~:,-S'!I"\_I:'~~ L~-\' :-' -=.,.",')(, \,: )~"" tl"~~jc:~I,-::>1::: ",t~\ ",,' ,<:J+Y ,It ",/1:\, "l~ b:It..t~':4'Mi,''h.I~:' tr-;-t:,'l:zi"U::T::t""~,,, ."".'""",,, -Jll~:r;\-/fL.:~(/vcN E:-~-cLlL:: {\2:)\hLl'cL, jc< by'L,A~lf ~J~J\A;;'t:k,~,~~f'r, 3. Describe how the unique conditions or circumstances do not result from youractions. (.y~3 "",,{h1) fj"it:'(JL[)L/t t1.'-L td=j hL\,)t' f:i"~S{S,~r.,-::J1 {J7~L-'''=~\ff ,E~,,"<I::l~~-: 4. Is there any way to do what you want without this request? Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am nm,v 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 reque~t property, and that theyOl'lin .~ , \ , \ approved, I must obtain a building permit from the City before any work is started on the rd of Adjustment action does not constitute the approval of a building permit. A~~ Date \</ ' Applicant's Initials APPLICATION FOR VARIANCE CV - 410 (MARCH 03) :3 I;) 'r\\.."~ ,\,\\G . t.5' "ell- TRACT A TR 1A' 1.1. At !l: ' !~~ I A, : ..43M , ~\ t.~ ,,~.VI. r. IC1A TR 'oJ \ " "I 'c"- 1121 AC 1C1 e\.l5 ,,~5 1 t. 5"1" . ,.b~5J.~ :\~'\x.~ 't.'? 2 c~.p~ , 'll\"l\',t: 3M'. ~ II!. TRB .4_~' _ ~~ TRB2 1.01 Ae IO.D AC ~Hc TR2D , , , r'~ -" P " TJtIC 1 2 O'fl()l.:i~ 5\"1~~,,\\. . 1 ,---- u c. . ll- ..... !II ,<\..0 L1AC!l '''Cll-~5 4\~ .154 f!;... ~ .aa AC ,412 . .. 1 ' 1 I '.:3 ' I , I ~~) TR 1A7 .0 AC TIOIA 1.3 AC ~ 1 ~1~ T. IA 2.12 AC ; \(,\"1"1 ll-S TR 4EI T. 4E 'fill- ,,'r\\..t.. : 1.' AC . U AC ,,\lQ~ 1: ,~~ "'1~ h.-.=-----::-~..-..~-<= ~- , ":<'~~V r: ~-.: 13 140' ~. 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",R )\ ~ . ? .~ \..;--t ~ 0 0 t:. 09') ~, Location Map & Area of Notification CASE # A-04-002 312 Black Drive - Variance Norris & Carolyn Ward 409 G lade Road Colleyville, TX 76034 Roger & Linda Kelton 4813 Ford Court Colleyville, TX 76034 James Stanfill 508 Black Drive Colleyville, TX 76034 Henllan & Fairie Smith 40(J Black Dmc Colleyville. TX 7(1)34 Charles Ray Edwards 304 Black Drive Collcyville, TX 76034 C L Haggard 30 I Glade Road Colleyville, TX 76034 Mae Matlock 305 Glade Road Colleyville, TX 76034 Helen Edwards 313 Glade Road Colleyville, TX 76034 Steve & Shiela Whittle 309 Glade Road Colleyville, TX 76034 Cora Nadine Arrington C/o Gay Lynn Arrington 405 Glade Road Collcyville, TX 76034 John & Linda Ramage 509 Black Drive Colleyville, TX 76034 Karla Gawrys PO Box 36 Colleyville, TX 76034 Rita Gawrys PO Box 36 Colleyville, TX 76034 Jack & Noel Livaudais, Jr. 4703 Mill Wood Drive Colleyville, TX 76034 Victor Morrison 4701 Mill Wood Drive Colleyville, TX 76034 Robert&KimPanl1o PO Box 211564 Bedford, TX 76095 Lee & Susan Hughes PO Box 115 Colleyville, TX 76034 COllliilill1ell/an Coo)' Vincent Accardo, PresIdent 213 M1l1 Crossmg West Colleyv1l1e, TX 76034 COIII/Jlilllen/wl' ('OP1' Dick Dodds, Secretary 4805 Mill Bruok Drive Colleyville, TX 76034 Case A-04-002 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: December 19, 2003) Jan Levy ~ Planning &~oning Assistant .~ Texas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: January 13, 2004 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 Tabled October 14,2003 This item was table at the October 14, 2003 meeting. Staff notified the applicant regarding the status of the variance request. However, no response has been received from the applicant regarding follow-up information. A copy of the letter mailed to the applicant is attached. RECOMMENDATION Staff recommends the application be removed from the table and take action to deny the request. · Staff letter to applicant Prepared by: ATTACHMENTS Case A -03-006 Agenda Item No.3 - Pg. 1 of 1 city Of January 7, 2004 Janice W. Robbins 5900 Pleasant Run Road Colleyville, Texas 76034 Faxed to. 972-453-5232 on January 7, 2004 - Mailed Original Re: Case Number A-03-006, Lot 7C2, Block 1, Pleasant Oaks Est., 5900 Pleasant Run Road Variance Request Dear Ms. Robbins, This letter is to inform you that your application referenced above requesting a variance from the regulations of the Land Development Code regarding the fence requirements at 5900 Pleasant Run Road was tabled by the Colleyville Zoning Board of Adjustment at the October 14, 2003 meeting. The Board indicated they tabled the case in order to allow you time to explore other possible fence designs. I have not heard from you regarding the status of your previous request. We have scheduled your case for the January 13, 2004 meeting to allow the Board to take official action to close the case. The meeting will be held in the City Council Chambers located at 100 Main Street at 7:00 p.m. If you have any questions or require additional information regarding this matter, please call me at (817) 503-1051. Sincerely, CITY OF COLLEYVILLE ,~~,_~~';5I- Levy ~/ . lanning & Zoning Assistant levYJ@ci.colleyville.tx.us Cc: Building Inspection Department 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 .~ Texas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: January 13, 2004 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 Tabled October 14,2003 This item was table at the October 14, 2003 meeting. Staff notified the applicant regarding the status of the variance request. However, no response has been received from the applicant regarding follow-up information. A copy of the letter mailed to the applicant is attached. RECOMMENDATION Staff recommends the application be removed from the table and take action to deny the request. · Staff letter to applicant Prepared by: ATTACHMENTS Case A-03-008 Agenda Item No.4 - Pg.l 011 city Of n~ Texas January 7,2004 Joe and Helen Pitts 205 W. Mill Valley Drive Colleyville, Texas 76034 Re Case Number A-03-008, Lot 1, Block N, Mill Creek, Phase II, 205 W. Mill Valley Drive Variance Request Dear Mr. and Mrs. Pitts, This letter is to inform you that your application referenced above requesting a variance from the regulations of the Land Development Code regarding the side yard setback requirements at 205 W. Mill Valley Drive was tabled by the Colleyville Zoning Board of Adjustment at the October 14, 2003 meeting. The motion to table also included a sixty day maximum time limit for the Zoning Board of Adjustment to reconsider a variance request. The Board indicated they tabled the case in order to allow you time to explore other possible locations for the garage. I have not heard from you regarding the status of your previous request. We have scheduled your case for the January 13, 2004 meeting to allow the Board to take official action to close the case. The meeting will be held in the City Council Chambers located at 100 Main Street at 7:00 p.m. If you have any questions or require additional information regarding this matter, please call me at (817) 503-1051. Sincerely, CITY OF COLLEYVILLE -,)" '", c: /--/"'<';J" ---. (~ I ~., Jan Levy ( Planning & Zoning Assistant levyj@ci.colleyville.tx.us Cc: Building Inspection Department 100 MAIN STREETCOLLEYVILLE. TEXAS 760341R17) fim-1nnn