Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-5/11/2004 city Of Texas AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Tuesday, May 11, 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 March 9, 2004 AGENDA ITEMS 1. Case A-04-004 - Request by Michael Deaton to enlarge a non-conforming use located at 8200 Precinct Line Road REPORTS AND COMMENTS ADJOURNMENT Posted: Friday, May 7,2004,4:30 p.m. Clayton Husband AICP Development Coordinator ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MARCH 9, 2004 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on March 9, 2004. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ed Moore, Pat Davis Staff: Barry LeBaron, Eddie Edwards Chairman McNosky explained the procedures of the Zoning Board of Adjustment to the audience and asked the five voting members to raise their hands to identify themselves to the audience. The five voting members were: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, and Larry Henry. Approval of Minutes Motion by Butch Bercher to approve the minutes of the February 10,2004 meeting as presented, seconded by Larry Henry. The vote being: Ayes: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ed Moore, Pat Davis Noes: None Aaenda Items 1. Case A-04-003 - Request by John and Lenora Dias for a variance from the side yard requirements on Lot 6, Block 2, Bridges at Riverwalk Addition in order to construct a swimming pool at 5012 Stonebridge Drive City staff member Eddie Edwards presented this case to the Board and showed pictures of the applicant's property. Mr. Edwards showed the Board the location of the proposed spa. Chairman McNosky opened the public hearing requesting those wanting to speak to come forward. The applicant, John Dias, 5021 Stonebridge Drive addressed the Board and responded to questions from the Board. Mr. Moore asked about drainage flows from the adjacent property and the applicant's property. Eddie Edwards explained that the applicant's lot drains to the street and should not be impacted from runoff from the surrounding properties. Zoning Board of Adjustment Minutes - March 9, 2004 Page 1 of 2 Chairman McNosky asked if there were any others wanting to speak in favor or against this variance request. There being none, the public hearing was closed. Butch Bercher moved to approve the variance request as presented, seconded by Skip Reynolds. The vote being: Ayes: Munson, Reynolds, Bercher, McNosky, Henry Noes: None 2. Review of Procedures - Chairman McNosky requested this item be placed on the agenda. Chairman McNosky discussed a proposal to develop a schedule whereby the alternate positions would rotate on a month to month basis as regular voting members. She expressed concern that attendance at the meetings could suffer because the alternate positions would only vote when a regular member was absent. Chairman McNosky stated that a rotation schedule would enable alternate positions to fully participate on a more frequent basis and encourage regular attendance. Chairman McNosky requested staff to provide any additional information regarding such a plan. Barry LeBaron stated he had discussed such a rotation schedule with the City Attorney, who advised against development of a pre-arranged voting schedule. The City Attorney stated that the state statutes and the city ordinances both contemplated that the alternate positions would only be allowed to vote in the absence of a regular member. No formal action by the Board was taken on this agenda item. Reports and Comments Chairman McNosky acknowledged a letter she had received from David Bagwell expressing his appreciation to the Board for the favorable approval of his variance request at the February 10, 2004 meeting. Adiournment There being no further business, the meeting adjourned at approximately 8:00 p.m. Barry LeBaron, Community Development Manager 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 - March 9, 2004 Page 2 of 2 .~ l'exas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: May 11, 2004 A-04-004 - Request by Michael Deaton to enlarge a non- conforming use located at 8200 Precinct Line Road SUMMARY & COMMENT Michael Deaton is the owner of B&W Cabinet Shop, located at 8200 Precinct Line Road, just south of McDonwell School Road. The property is zoned CC1 Village Retail. A cabinet shop is not an allowed land use in the CC1 zoning district; however, the cabinet shop has been located at this site for over 25 years, and it is considered a legal non-conforming use. The owner proposes to increase the size of the building and expand the use of the building. Any proposal to increase the size of a legal non-conforming use requires the approval of the Zoning Board of Adjustment. A non-conforming use is a land use that, when constructed, was a lawful use of the property, but due to changes to the zoning regulations would not be allowed to be constructed under the current regulations. Part of the jurisdiction of the Zoning Board of Adjustment is to "permit the enlargement of a non-conforming use." A letter from the owner is attached, which describes the request in further detail. The existing cabinet shop is approximately 27,500 square feet in size. The owner proposes to add approximately 2,808 square feet to the existing building on the south side of the structure. The addition would be constructed around a portion ofthe existing building. The owner also proposes to face a portion of the existing building with brick and add a canopy to the front of the building. A site plan and a building elevation drawing of the proposed changes to the building are attached. Since the property is zoned CC 1, the owner generally has two alternatives in seeking approval to expand the business at this location. One option would be to apply for a zoning change to another zoning district that would allow the use. The Master Plan for Colleyville designates the property on which the cabinet shop is located for future use as retail and commercial businesses, so it may be incompatible with future development to seek a zoning change for a manufacturing type use. The second option would be to seek approval from the Zoning Board of Adjustment to expand the non-conforming use. This approach is advantageous in that the Board has the authority to consider approving expansion of the use without changing the zoning of the property and creating a potential for additional incompatible uses locating in the area. The Board may also place conditions on the approval of the request. Agenda Item No.1 - Page 1 CONCLUSION It is the opinion of staff that: 1. Special conditions and circumstances exist for this property that are not applicable to other property in the same district. There are no similar businesses in the area. 2. The special conditions and circumstances do not result from the actions of the applicant. The business has been in operation at this location for over 25 years, and changes to the zoning regulations overtime have created the non-conforming status of the use. 3. The granting of the request will not confer any special privileges on the applicant that are not available to other uses in the same district. It appears that the proposed expansion would satisfy all setback requirements for the district. 4. The granting of the request would be in harmony with the general purpose and intent of the Code, and will not be injurious to the neighborhood or otherwise detrimental to public interest. RECOMMENDATION Approval as requested, subject to any conditions required by the Board ATTACHMENTS · Application for variance · Location & Zoning Map · I nformation from Applicant · List of Property Owners Notified Prepared by: Agenda Item No. 1- Page 2 Location and Zoning Map p-"- ~ SITE "::..~ 6'04 ~'i..4 __-L- i '..-1 . ilC< I ;i< R-40 ~ l"e.a. ZONING BOARD OF ADJUSTM APPLICATION FOR VARIANCE .APPLlCANT Michael W. Deaton Address 8205 Lost~~pl~_I:)n.~~_._ Telephone NO'f3E~~3 2488 Fax No. JHI185 QZ~.4 City North Richland Hills Applicant's Status: (check one) . PROPERlY OWNER 1:] Owner o Representative State l~... .._ aI Tenant Zip CodeI9.tao_._ Address Betty JE:!C11"! D~.~tQn_ 114 Quail Run - .-_u Telephone No. J!1L49.~.~f3~~. Fax No. __._____ City Colle.yville ._. Ownership Status' ..____.___..__._ _. .._......____._ State I?S.__.___._..._.. ......_.. Zip Code eck one) [J Individual 0 Trust 0 Partn%ship 1:] C~rp~tjon ~ e1t....r-!~ U) A::.k L/,/ 0' I Applicant Signature Da e n Signature 1,gll34___..____ " 1//0' cj Date The property owner must sign the application or submit a notarized letter of authorization. P..... initial the acknowledgm.nts on the second page before signing this application. PROPERTY INFORMATION Street Address or Location _.____.___~_?9g~rE:!~~IJ~~~iQ.E:! Rq.~g_____. ._.______.__.__. Legal Description ..Mc~"",-i~9!_l3rl~urve)' A 11!i1J~.1~9~1~!qJJ.~1..!_.___._ Present Zoning ..__9.9.::L..______________.________..___ Present Land Use . M~nlJf~Gturto9.........___ o Existing Status of Project: all Proposed 0 Under Construction Have you applied for a building permit? QI Yes 0 No Have you filed an appeal or petition on this property before? Dl No (J Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number _~::.()4.:_Q~_..__ HearingDate ._.It 'M_~_~1___ Action 0 Approved 0 Approved with Conditions 0 Denied Conditions --------------------------------------------------...----------------------------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------- Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPUCAOON PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to fully ouUlne 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. !3~_~ove existing 30' x 60' additio!:'--tCl.-.!DainJ~uildingJm~Lrm)lgcEL ___ with new addition of 48' x 9~:_ ~_()__':"-~~~lJil~i_~_~_. _!!1i~\'\I~~_l:ldd_CiPPE~~!!!!~~!y._ 28Q_~.~g~~r.eJeetof~~~I~L~P~~E:l~._ _.___ ;?e~ ~~_C1chec;l.lett~r~ngc:l!C1gr51[l~._______.._.. 2. Do similar conditions exist in the area? Explain. No ___n__n._...._.__._..'_._'___ 3. Describe how the unique conditions or circumstances do not result from your actions. Ihl~_'lE!.ed~.M>~~E!GQme_~.___ f~~_~_~ur.9ro~h ove~~~e_p~~~ fe~~ars.~.!.!.~_~ly.~!~.~p~.r~ry ~.!or u~~~il ~e can Pu~S2~!~.~P_C1_C:.f!. at.a differ~QL__.._.__.._. location. 4. Is there any way to do what you want without this request? No 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 '- ~~ Date :t4lJ!- APPLICATION FOR VARIANCE cv- 410 (MARCH 03) Honored Members of the Colleyville ZBA, B & W Remodeling, Inc., dba, B & W Cabinets is a family owned business that has seen three generations involved in its operations over the past 25 years. When we moved our business to its current location on Precinct Line Road in the late 1970's, the area was rural with few neighbors and accessed by a bumpy old two-lane road. Time has gone by and the community has grown around us. We have enjoyed being a part of Colleyville and watching the growth of our city. Over the years we have had the privilege of doing many cabinet jobs for Colleyville residents. Our products have also been installed in many of the city's buildings over the years, some of which we donated. We have always tried to be good neighbors and help our community when possible. We are requesting a variance to the current Land Development Code section 3.7.C to help us temporarily alleviate space problems we are eXperiencing. We have plenty ofland on which to expand, but since Colleyville rezoned our area we now are severely limited as to what we can do. We completely understand why the area has been zoned CC-1 for future developments. We are not foolish enough to think we can stay at our current location forever. The property will eventually become too valuable for the cabinet shop and we will need to move. We also know timing is everything when selling property. There is still vacant land along Precinct Line Road that would be much easier and cheaper to develop than ours. We understand that our property has not matured enough to gain the value which would be necessary to move our business. Taking all this into consideration, we are trying to address a current growth need by enlarging an existing building by approximately 2808 square feet. This addition will add just over 10% to our existing current total space. The added space would be mainly used to store completed products waiting for delivery and final assembly. We also have plans to add a canopy porch and a brick face to one of our existing building fronts to update and enhance our look. We see the area improving around us and think this will help the street appeal of our buildings. This improvement would only be cosmetic but help to improve our appearance in Colleyville, which is important to us. Please help us continue to be successful in the future by authorizing this variance for us. We employ over fifty people whose families depend on the continued success of our company. All of us are hoping you will give this much needed variance your approval. Respectfully, ~ (:{2 Mike Deaton President, B&W Cabinets .i <Xl "" ~ .i '" ;::; ~ ~ DI a.C oil L= "'=> <Xl -5 co '" 0 o Q. lU C; DI a.C =O:s ~.J::=- "'=> '" 1::' DI ~ g.~ "L._ a. '" " '" <Xl .5 '0 ."C.:I&:-I QJG.lUO) gg~.E Q1 r-~ ... co "- DI .... ......5 =>=>-o UO'5 '" .i en ~ N +-' - .- II. N rt'l "- m Ql u <;: o ,., co ~ .s::; DI :f \ .i N ~ ~ \ ~ 3 '\) :t--- $1' Y-~ I~ r:J ~. 1\) "" Q' \, ~\i ~~ CLrQ ~ ~ ~ "", 1""2 l't ~ J.... 1\) 'J '- < (") "- J .J \~ I) :( "< I' .... ,.... ..j ~ ~ \~ ~ J \ .\ \ "- CX1.rn,J~ :~M>I1iON -r; .~ AE.ifiAove:lJ,: /JeJAJ AjJ7) (rl1)~ WILL /~ (rS' /J~~ ",,- TH"' ,r /5" t1/1j'k))c1 A~A 0:::~uJ~~ ~(~ NdV A-Di) ((/o;J UJ/a c2JA, ')J~vJ A?)i)1 rfo.,J Wd_L <;:TA/l-r" ItT ( A,.c:.. 8.),) or-:" ~J ,fJo/lc H- C..+".vOIY A-;J./l) 60 ?b" (C)~i../)J' ~ ((~ A.~;e.. of /jJI t...() (,us. . N2uJ ADO (TIO.,J UJi'-l-- A--~ro /J~ 7Ah;~ -( ~;J - (N-.:E C:x/jr7t\)(T o./I)~ 5':::> Ar (0 M4-Tr':j~ ~ /2vo~ t-(~ OF ~ MAlAY 4>vlL21.,-JG- . A-04-004 11~ .',~, . " r ~ :'(..' Huntington Corporation Attn: Robert Johnson 1905 Central Drive, Suite 200 Bedford TX 76021 , ) i Keller ISO AUn: Tom Myers 100 Main Street Fort Worth TX 76102-3009 State of Texas PO Box 6868 Fort Worth TX 76115 Case A-04-004. Notices dated April 22, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet 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 the Texas Local Government Code and the Colleyville Land Development Code. Clayton Husband AICP