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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-9/14/2004 city Of Texas AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Tuesday, September 14, 2004 REGULAR MEETING 7:15 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 August 10, 2004 AGENDA ITEMS 1. Case A-04-009 - Request by Jerry Pedersen for a variance to allow a new commercial building to encroach the rear building line on Lot 2, Block 2, Thompson Terraces Subdivision, located at 5005 Thompson Terrace 2. Case A-04-010 - Request by Claffey Pools and Doug & Lee Terry for a variance to allow a swimming pool to encroach the rear building line on Lot 15, Block 1, Rosewood Villas, located at 717 Arcady Lane 3. Case A-04-006 - TABLED ITEM - Request by Murway Building Investments for a variance to allow a new residence to encroach the front building line on Lot 17R, Block 2, Montclair Parc, located at 5607 Normandy Drive 4. Case A-04-008 - TABLED ITEM - Request by Jeannie Lohse to permit the reconstruction of a non-conforming accessory building that was destroyed by fire on Lot 2, Block 1, Patricia Addition, located at 4900 Patterson Lane REPORTS AND COMMENTS ADJOURNMENT Posted: Friday, September 10,2004,4:30 p.m. Clayton Husband AICP Development Coordinator ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - AUGUST 10, 2004 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on August 10, 2004. Roll Call Present: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Rich Munson, Skip Reynolds Staff: Barry LeBaron, Clayton Husband, Eddie Edwards Approval of Minutes Motion by Butch Bercher to approve the minutes of the May 11, 2004 meeting as presented, seconded by Skip Reynolds. The vote being: Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Rich Munson, Skip Reynolds Noes: None Chairman McNoskyexplained the public hearing procedures and the voting requirements of the Board to the audience. Rich Munson stated that he had a problem with one of the items on the agenda and elected to recuse himself from the vote and removed himself from the entire meeting agenda. Aaenda Items 1. Case A-04-005 - Request by. Mid City Custom Pools for a variance from the side and rear yard requirements for a swimming pool on Lot 11, Block 1, Riverwalk at Colleyville Addition, located at 1120 Sabine Court City staff member Barry LeBaron presented this case to the Board and showed pictures of the applicant's property and drawings of the proposed pool/spa location on the property. Mr. LeBaron stated this development has two foot side yard setbacks. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Don Pierce, Grapevine, Texas, stated he was the pool builder and wanted to construct the pool for the home owner for therapy use. Chairman McNosky closed the public hearing. Zoning Board of Adjustment Minutes - August 10, 2004 Page 1 of 7 Butch Bercher stated that we have had similar requests in the past in this development. He stated that since there have been no citizens in opposition, he made a motion to approve the variance request as presented. The motion was seconded by Skip Reynolds. Larry Henry asked if staff had looked at the pool location to determine if there are any problems with right-of-way or drainage. Barry LeBaron stated the applicant would need to coordinate the location with the local utility companies to verify that there are no utility conflicts and the drainage goes toward the street. The motion was approved by the following vote: Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Skip Reynolds Noes: None 2. Case A-04-006 - Request by Murway Building Investments for a variance to allow a new residence to encroach the front building line on Lot 17R, Block 2, Montclair Parc, located at 5607 Normandy Drive Barry LeBaron presented this case to the Board and showed photos of the site and the proposed building line encroachment on the Miramar Drive side ofthe property. Mr. LeBaron stated that staff had received two letters of opposition, one from a neighbor and a second from the homeowners association. Butch Bercher asked about the location of the tree. Barry LeBaron showed photos of the site and the trees on the property, but stated he did not know which tree the applicant was referencing in the application in support of his justification for the variance. Chairman McNosky asked the applicant to come forward to speak. J. R. Locey, Southlake, Texas, addressed the Board. Mr. Locey stated that he was the potential new home owner and was seeking to build a new home. He stated that he was told by the previous owner that the architectural control committee of the HOA had already approved a variance for this lot. So they moved forward with a variance request to the City. He stated that he had learned on the previous Monday that the ACC had not approved the variance request. He stated that the old pecan tree is what he wanted to save and is the basis for his variance request. The tree is adjacent to Normandy, but the fifteen foot variance is on Miramar. Chairman McNosky asked the applicant to point to the tree on the photograph of the lot. Butch Bercher stated that from the aerial photo, you could see that the pecan tree is between the curb and the thirty foot building set back line. Zoning Board of Adjustment Minutes - August 10, 2004 Page 2 of 7 Ed Moore stated that according to the information in the packet, the applicant is seeking the fifteen foot variance on the Miramar side of the lot and not the Normandy side where the pecan tree is located. Chairman McNosky asked if there was anyone else wanting to speak. There being none, the public hearing was closed. Chairman McNosky stated that the tree doesn't appear to be in danger from the house according to the drawing. Butch Bercher stated that if the house encroachment had come the other way then the tree would have come into play. Barry LeBaron stated that staff could not determine a relationship between the variance request on Miramar when the pecan tree was adjacent to Normandy. Ed Moore asked Mr. Locey if the house were built within the building line, would the drip line be encroached. Mr. Locey stated that he was told it would be a problem. They also had a f100rplan that they liked. Ed Moore asked where the garages were located. Mr. Locey stated that the garages entered from Miramar. Larry Henry stated that he didn't feel that there was good justification to approve a variance. Butch Bercher stated that the applicant should go back to the ACC and see if he could work with them. He said he would feel better knowing the ACC was in favor of the variance. Ed Moore moved to table the variance request, seconded by Skip Reynolds. The vote being: Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Skip Reynolds Noes: None 3. Case A-04-007 - Request by Gary Jenkins for a variance to allow an addition to the house to encroach the side building line on property located at 1212 Tinker Road Clayton Husband presented this case to the Board and showed photos of the site and the proposed bathroom expansion. Butch Bercher asked if the expansion of the building extended any further into the side yard than the existing house. Clayton Husband stated that it would not. Chairman McNosky asked the applicant to come forward to answer questions. Gary Jenkins came forward to speak. He stated he needs the bathroom expansion to add a shower, since the existing bathroom did not have one. Zoning Board of Adjustment Minutes - August 10, 2004 Page 3 of 7 Larry Henry asked about the roof line. Gary Jenkins stated the left side of the roof would be extended and center the gable so that the whole think would match. Eddie Edwards came forward to state that the roof line of the patio would also be extended as a part of the bathroom construction. Butch Bercher asked if it was the same roof line as the bathroom extension. Chairman McNosky asked if there was anyone else wanting to speak regarding this variance request. There being none, the public hearing was closed. Skip Reynolds made the motion to approve the variance, including the extension of the patio roof line. Butch Bercher seconded the motion. Larry Henry asked for clarification on the roof line extension. Eddie Edwards stated that it would not go beyond twenty-five feet due to the location of the pool. The vote being: Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Skip Reynolds Noes: None 4. Case A-04-008 - Request by Jeannie Lohse to permit the reconstruction of a non-conforming accessory building that was destroyed by fire on Lot 2, Block 1, Patricia Addition, located at 4900 Patterson Lane Barry LeBaron presented this case to the Board and showed photos of the site and the location of the proposed re-construction of the accessory building. Mr. LeBaron stated the previous accessory building was destroyed by a fire. The previous accessory building exceeded the size limits under the current regulations and requires the approval of the Board before a building permit can be issued to replace the structure, since the proposed replacement also exceeds the current size limit for an accessory building. Butch Bercher stated that the proposed building replacement appeared to be larger than the building that had burned down. Barry LeBaron stated the applicant wanted to replace the 1,440 square feet of building that previously existed. Larry Henry stated that he felt that reconstruction meant rebuilding the accessory building in the same place. Barry LeBaron stated that the applicant had only brought in the drawings of the building and its precise location on the morning of the meeting. Mr. LeBaron stated that one letter of opposition had been received. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Zoning Board of Adjustment Minutes - August 10, 2004 Page 4 of 7 Jennie Lohse came forward and stated that the building does appear to be a little larger because it includes an eight foot porch. Chairman McNoskyasked about the different location for the proposed building replacement. Ms. Lohse stated the building location has been moved from its original location to allow more yard space for the kids to play and to hopefully put in a pool in a year or two. Chairman McNosky asked if there was anyone else to speak. Art Lohse spoke that the building location was moved to help maximize the use of their property. He stated that the new building did not have a carport. Chairman McNosky closed the public hearing. Chairman McNosky asked if the building extended over any set back lines. Barry LeBaron stated that accessory buildings can be up to five feet from a side or rear property line. Chairman McNosky asked if they would have to go to the City Council to start from the beginning. Barry LeBaron stated that had there not been a non-conforming structure replacement question and the applicant wanted to exceed the maximum accessory building limitations of the Land Development Code, the applicant would have to seek approval of a Special Use Permit from the City Council. Mr. LeBaron explained the rationale for the Special Use Permit procedures for large accessory buildings. . Ed Moore asked if the accessory building was already under construction. Art Lohse stated that there neighbor was also constructing a new accessory building. Butch Bercher stated that he would be more comfortable approving the request, but not to exceed the size that previously existed. Larry Henry agreed, but felt that the building should only be re-constructed at the previously location and questioned the re-Iocation of the building. Chairman McNosky questioned the Board's authority to approve the re-construction of a non-conforming structure at a different location than the original location. Butch Bercher made a motion to approve the variance, subject to limiting the building to the same square footage as the previous building at the new location, provided it didn't encroach into any side or rear yard set back requirements. Ed Moore seconded the motion. Zoning Board of Adjustment Minutes - August 10, 2004 Page 5 of 7 The vote being: Ayes: Butch Bercher, Dee McNosky, Ed Moore, Noes: Larry Henry, Abstained: Skip Reynolds Chairman McNosky stated that the motion fails due to not having the required four affirmative votes. Butch Bercher stated that he didn't' think that the decision was fair and made a second motion to approve the variance at the same square footage, but require the re-construction at the location of the old building. The motion was seconded by Ed Moore. The vote being: Ayes: Butch Bercher, Dee McNosky, Ed Moore, Larry Henry Noes: None Abstained: Skip Reynolds Chairman McNosky advised the applicant that if the new location was the preferred site, then the applicant should seek a Special Use Permit from the City Council. Art Lohse stated that the concrete for the old structure had already been removed. Skip Reynolds asked Mr. Lohse if he could visit with the neighbor objecting to the accessory building and try to resolve their differences, and suggested that a motion to table should be made. Larry Henry called for a point of order, since a decision had already been made. Chairman McNosky stated that if we could solve the citizen's problem, then that's what the Board should do. Larry Henry stated that the Board should consider rescinding the previous vote. Skip Reynolds asked the applicant if tabling the request was agreeable. Mr. Lohse stated he was in agreement. Ed Moore made a motion to rescind the previous vote. Butch Bercher seconded the motion. The vote being: Ayes: Butch Bercher, Dee McNosky, Ed Moore, Skip Reynolds Noes: Larry Henry Butch Bercher made a motion to table the variance request. Skip Reynolds seconded the motion. The vote being: Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore Noes: None Zoning Board of Adjustment Minutes - August 10, 2004 Page 6 of 7 Adiournment There being no further business, the meeting adjourned at approximately 8:15 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 - August 10, 2004 Page 7 of 7 .~ TexaS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: September 14,2004 A-04-009 - Request by Jerry Pedersen for a variance to allow a new commercial building to encroach the rear building line on Lot 2, Block 2, Thompson Terraces Subdivision, located at 5005 Thompson Terrace. SUMMARY & COMMENT Jerry Pedersen is the owner of a lot located on the east side of Thompson Terrace, between Glade Road and Colleyville Boulevard. Mr. Pedersen is requesting a variance to allow a new commercial building to encroach the 25-foot rear building line on the lot. The abutting property to the rear is zoned R20 Single Family Residential, and a 25-foot building line between commercial and residential property is required. The City Council is considering a zoning change application from Mr. Pedersen on the property to rezone the lot from R20 Single Family Residential to CN Neighborhood Commercial, and will take action on the zoning change on September 21, 2004. Several properties on both sides of Thompson Terrace have been rezoned and converted to commercial or office uses within the past few years. The Colleyville Master Plan indicates that this area should be developed as office, retail and commercial land uses. The CN zoning district is ideally suited for this transitional area in that it is intended to be a compatible district with adjacent single-family areas. Uses in that district are very restricted and businesses are allowed to operate only during daylight hours. Mr. Pedersen proposes to construct a 2,450 square foot office building on the property. The building would be located on the north side of the property, with the parking area located adjacent to the south side of the property. The property is 90 feet wide and 116 feet deep. An exhibit showing the proposed layout of the property is attached. The adjacent properties are zoned both commercial and residential. The properties to the north and south are zoned CN and PUD-C, respectively. The property to the east, abutting the rear property line, is zoned R20. Ifthe zoning change to eN is approved, the required rear building line would be 25 feet. Mr. Pedersen is requesting an encroachment of five (5) feet, which would provide a rear building line of 20 feet. Since the adjacent property is residential, a landscaped greenbelt is also required by the Land Development Code. The greenbelt is required to be 20 feet in width, so the proposed encroachment will not affect the required greenbelt. Agenda Item No. 1- Page 1 A similar variance was approved by the Board in October 2002 for the property immediately north of this site. The Board approved a five-foot encroachment of the rear building line for the doctor's office constructed at 5009 Thompson Terrace. The proposed zoning change has not been acted on by the City Council. If the Board were to approved the variance request, staff would recommend that the approval ofthe variance be conditioned upon the approval of the zoning change Staff mailed notices to 14 adjacent property owners regarding the variance request. No correspondence has been received regarding this request. CONCLUSION It is the opinion of staff that: 1. Special circumstances exist for this property. The depth of the lot is 116 feet, which creates hardship in satisfying commercial building setbacks. The area is in transition from an older residential area to a commercial area. 2. The special circumstances do not result from the actions of the applicant. The subdivision was platted in 1954. Due to the subdivision's proximity to Colleyville Boulevard, the street is redeveloping from a residential street to a commercial street. 3. 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. RECOMMENDA TION Approval as requested, subject to any conditions required by the Board ATTACHMENTS · Variance Application · Location and Zoning Map · Information from Applicant · List of Property Owners Notified Prepared by: Clayton Husband AICP Development Coordinator Agenda Item No. 1- Page 2 ~~ Tella8 ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 +APPLlCANT -~r..r_'f-,_B&t!.-lS.eo.------------ Telephone No. gn___'1J:i~'lr7JFax No. t.17~-z.H2~l2~V Address __'if oC?_ G,~~~~___~~______.,______".___________.___..._,_______________._________...___________________________ City ___Ca.jj~-y~/l-e.....------------,--,---------------_----- State --LJ--'--,-------- Zip codeUo::L'I-__ Applicant's Status. (check one) 0 Owner 0 Representative 0 Tenant + PROPERTY OWNER ____~~_~~_______________________ Telephone No. _.________ Fax No. Address City______________,__________________________._____________ State _________________,_ Zip Code Ownership Status: (check one) f!:I1iidividual 0 Trust 0 P rship Corporation 'Vct../o <<-I Date _f It::t II) y . Date 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 S~~A~ffi~~Loc~oo _~~__~~_~~~_______________ Legal DescriPtion__L~t____z,____BL~"k___~___...I4. o~sb____L!._c.t:!20 L~__________,______________, Present Zoning Bu~IJn./d:~~~:CT:..ert Land Use -~ <?~+ REGEWEf}----- Status of Project: ~;~~d 0 Un er Construclion 0 Existing G 2004 Have you applied for a building permit? 0 Yes ~ AU 1 6 Have you filed an appeal or petition on this property before? ei No 0 Yes Per ....V!t'...... BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number_.6_.:.~_.:_~__.__,__ Hearing Date __~~__~ 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 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. U O~1~.~c:::v:._..s. fZ.,.{kc.k-~i Le ,.._-ib~!:!!....-... -t:..l~____~~_~_..r..~p_Y..A~r_~_d__,s:_~+"_io...C'.i:-<_____._______,___-____________,________________.______.______,_________.,___,_ 2. Do similar conditions exist in the area? Explain. ___~.c_,_,&_......J.o.~fJJ..r.~c:::,...8:i~-e....- ;'\~.k -I- ____... dD.D...Cj~...s._..._..._t3..--2-0-~[e.-q~--s..e..fLq~j-f,J11d-~ q,. -e... 1'E!..p. uc.S''/'''r:J-'-- 3. Describe how the unique conditions or circumstances do not result from your actions. Be.c.f!D.:.!.e..____nOM~-. T'Yro<~2>LQ[~_k~f-~Lf2=~~"d~-Lr.:O.J1L,~,,~ ~.~~~_C~Q.... -i~7&~~...f...-e...----~~~f- j:Sfl~ v t:t-j~qro_\L-t-kJ .:l:lJLB_<<;:_______ LIl...~J2.._1~.." v...iLc~1""~J.,_tl/.s:o_,5...e:H...1~~...Ll-e....c...~sQr y ~~iyLr...iL~~-k. 4. Is there any way to do what YOl,l want without this request? ~b...-------__~----------------.-------~-----,-_ 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 :r~ Date f 1f'(1) Y APPLICATION FOR VARIANCE CV - 410 (MARCH 03) ,64 -! N Sf ~v.... 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'.,'. ..' ~ = a~ ml ~R :e~ ~~ I o c: ~ OJ r Z m r Z 111 -------------------------------------------------------------------- -------------------- ~ S' UTIL..I,-y EASEMENT 5 00 00' 0011 W 90,0' A-04-009 Jerry Pedersen, applicant 1244 Karla Dr, Suite 105 Hurst TX 76053 Latham, Floyd etux Billie Sue PO Box 44 Colleyville TX 76034 Batterden, Brian J 8727 Bel Air Rd Nottingham MD 21236 King, Dale L Attn: Carol A King POA PO Box 371 Colleyville TX 76034 Robert Salter Family LP 5011 Bluebonnet Rd Colleyville TX 76034 Fist Savings Bank FSB 503 E Border St Arlington TX 76010 Thiel & Thiellnc 109 Mill Valley Dr Colleyville TX 76034 Glade Road Capital LLC PO Box 1605 Colleyville TX 76034 Colleyville 5005 LLC 16 Seaview Dr Kingston MA 02364 Collins, Virginia etvir Richard 5004 Oak Timbers Ct Colleyville TX 76034 Bojku, Afrim & Hajri Bojku 5309 Colleyville Blvd Colleyville TX 76034 Richard Family Limited Partner 6220 Colleyville Blvd, Ste B Colleyville TX 76034 Quenichet, John Wayne 5005 Oak Timbers Ct . Colleyville TX 76034 B Rogers & G Rogers Rev Lv Tr 3712 Glade Rd Colleyville TX 76034 Miller, Tom 5004 Thompson Terrace Colleyville TX 76034 Case A-04-009. Notices dated August 23, 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 .~ Tex:as ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: September 14, 2004 A-04-010 - Request by Claffey Pools and Doug & Lee Terry for a variance to allow a swimming pool to encroach the rear building line on Lot 15, Block 1, Rosewood Villas, located at 717 Arcady Lane SUMMARY & COMMENT Doug & Lee Terry are the owners of a residential lot located at 717 Arcady Lane in the Rosewood Villas subdivision. Rosewood Villas is located on the south side of McDonwell School Road, between Remington Parkway and Precinct Line Road. The lot contains an existing single family residence. The owner has contracted with Claffey Pools to construct an in-ground pool at the rear of the property. The proposed pool would be located one (1) foot from the rear property line. Zoning regulations require pools to be no closer than five feet to a rear property line. The following is an excerpt from the Land Development Code. ".. . Such pool(s) may be located in a required side or rear yard, but not within a required front yard, and shall not be located closer than five (5') feet to any side' or rear property line." The proposed pool is seven feet deep and fifteen feet wide, with one-foot wide decking around the pool. The rear edge of the pool would be located one foot from the rear property line, with the decking abutting the property line. There is not a utility easement at the rear of the lot; the utility services are located at the front of the lot. Rosewood Villas is a specially planned neighborhood. The zoning is Planned Unit Development Residential (PUD-R), and consists of single family lots smaller than the standard lots in Colleyville. The zoning setbacks allow houses to be constructed closer to the property lines than in most Colleyville residential districts. Ordinance 0-01-1286, approved by the City Council on August 8,2001, requires a rear building line of five (5) feet on lots adjacent to a greenbelt. The lot in question is adjacent to the southern greenbelt in the subdivision. The Terry's lot is 59 feet in width and 110 feet in depth. The house occupies nearly the entire building envelope, and the rear of the house is located 11'-8" from the rear property line, leaving very little area for construction of a pool or spa without the approval of a rear building line variance. The pool will be located 26-feet and 16-feet from the side property lines. There is also a 47 -foot wide greenbelt adjacent to the rear of this lot, so the location of the pool will not impact any adjacent residence. Agenda Item No.2 - Page 1 Staff mailed notices to nine (9) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by the Land Development Code. No correspondence has been received regarding this variance request. CONCLUSION It is the opinion of staff that: 1. Special circumstances exist for this property. The zoning set-back requirement of five feet on the rear property line is quite unusual for single family residential properties. 2. There are no alternative locations for construction of the pool. The house is constructed across the full buildable width of the property, leaving no areas on the side of the house to locate the pool further from the rear property line. 3. 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 · Variance Application · Location Map · Information and Drawings from Applicant · List of Property Owners Notified Prepared by: Clayton Husband AICP Development Coordinator Agenda Item No.2 - Page 2 .~ Texas ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 APPLICATION TYPE Variance Request [J Special Exception o Interpretation Appeal APPLICANT u PROPERTY OWNER INFORMATION +APPLlCANT -e!qttw'~ ",bP1~_______________.. Telephone No. l{!{_~2Z~f:. Fax No. SL7 !(i!.L,-:~fi :%:~~~~~:;~;:~~-~~~~t==- Zi; code.-1f?~~ + PROPERTY ~ U 9t OWNER _ 11JIi!-~_..~Y-_._-- Telephone No. .~ Fax No. ~___ Address --1L1..ll(...WIf-----,,.,--,----------""------,,,---,,---____,.________,_______.____________________,_,_____ Cj~w~~~/f~:~S ~;Q\~dMd~;;;_OT;.;;opas~~. ~o~;~tjon Zip Code 7i?/73.L._. n Rl/-O'I ~ . B1/-{YI Date Owner Signature Date 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 ::::t::c::::: L;;;2~~~~'=--~=====~:~=~:===~=:: Present Zoning ________nn____________nn________________________ Present Land Use d~4-~~Y ~E________,~_ Status of Project: [J Proposed t1' Under Construction [J Existing AUG 1" 6 2004 Have you applied for a building permit? ~es [J No : Per ............. Have you filed an appeal or petition on this property before? ~o 0 Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number " - 04 -010 Hearing Date __11_~~~ ~ Action [J Approved [J Approved with Conditions CJ Denied Conditions .. _.__._.__..._._.__...~~__~__._...____..___m_._._~___._ ............___...._._._......_..__.....___._..._ ........... .....__....._.___.~~...... . ..._...._._..._.__~.._..,......_... ,..,_...._.._m.....m_._...._.._._.._..._..._.__...._.._~....-.----..-....--..--...-~..-.-....~...~._---,--....-.--......-..-_..._-..-~._......----...~-~._._.. _..___.__.....~.._._...._.m___~...___.~..__._.~.~.~...._._..__...__..._.........__._...._.._.. ...._........~._......_.......___._..._...__._.. ......----.-.-..-......-...-..- ... -.....-......---~.--....--....-.---..--...-.-._-...--..-.----.--....-.-.-...--------.-..-~--._---_.-..-....-.-.---..-.--.-..- . .._.....-..~..._._.~..__.......__..__...__..__......_.._.._....~._._.~...._._......._..._.__....._...-.__....._. ....-...-..--.-.........-.-.-..-.--..----...-.-.........--.--.._._..._....._..._.__..._--~...__._.._--_._--._-_..._----.....--...-.-----.--.--.--.----.--.--------..--.-....--.--....__.........-....__._._.__...~.__. 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. _10 bdd SUfI)r; - ,~ ~~_ 5 ~________ !fJ1!t:1-tfli~~=~==~~-~~==~~~~ ___.~.___._.__..__.__..____m'__'_'__'_~'H._._.m_...._.__.______....__...____._._.___..___...____.___._....__.---...----------...-.-.....--------.-----------.-.-------.---.---..----...---....--- 2. Do similar cond~ions exist in the area? Explain. ~1c1:L~1U~A/--~_.. ~+_~~_~~ ifJ""'-./ ill ~ .- __..._.........__.......___._.___m...._._______._.__..m.........__........._........__....__._...._.m.H__.____......_..m._._.__..H.___._._.~.________.H._.._......__H_._______.__H.m___.____._____.___.__________..___..___..____.____..-..-.-.-. 3. Describe how the unique conditions or circumstances do not result from your actions. ___~__~___________ l:.JyLJn~----()-~-&-~-,~--(/[;L~-'7K J(,~rJY-~~~ &-------- ---~~-_...__._---_.._-,---,--_._.........,....._-----,--------,---------.---- ' , --..------,------'.'--------...--..-'--..--- -----------.----------------------------. '-,...--'-'-----, -:----, ----,-----------.---.-.-----'---]:7-;;-'-----. ,-- 4. Is there any way to do what you want without this request? -..l14J-., .. ' _ _.. ~ ,1~.:....___---- ~1f7!JE~~~~!~~= 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 f '//r-Oo/ APPLICATION FOR VARIANCE CV - 410 (MARCH 03) ~) ~ .,- ,..., ,.... -, /' \ I / , I i I c ~. \ I N I") v I() 10 ,..., (1'1..' > <(I ~'I ~'I! '~I. ~, 'I ..., ;r;;;' IX) (J) o ~ ',1" ,> ~'-\ :. ,..., \ '~l \'! . ~I (0' ,..." / / // / / m\ \ \ \ \ v .... N tlO INOV'll38 ! ..~,=,~..,\ co".. ~- . .".%+" -- 3 I") ~ \ 10 ~ ,._....Yl+-,.,.,-.,.,- C> Z -<:[ i- !?'. _~ '" ~ (:0 -t _.._~ / co i N/\ ""/ ~ _ i / \ vi ~ ! ' .., \,NI '~===r- - -==..l/.=....~-c"'--...\L.=J~ __.___.._.... I") (,) , !D< ~ .... o::~ f-I") -----1 I i _ e"" !~-- 1 C I") gs I-.t --.-- ~ [11 v j , I- _ ., C[- 'I' ...-..." v ,,, " I I() 1 ~ U f- o ~ 10 ON3! 30H~]StlOH : ! 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' ~,Y-, rr"> .6. $ ,. ~ UU 1")< 0::0 .-~ I"')U ~< o::~ f-I() Construction Drawing Completed on 6-3-2004 11:40 TB "i..op(',c " ";''''~d' fJr'rl'or , \""rfh..v Uf: t~l ~rlf t~S~(F; LA1f~r~~n" No ded~ or pc:)l equipmtl~~: in the UtiH~y easements. nal Inspection Required on Fences, E closing SWiml'g Pools Q) dUILDEfS COpy IV L- -; -r? 5 .-cfY:f ~ 1----- . . I . . 26 '.fZ>' /).$" -0 60b Deck. ~ Other& )~ k O>G~ t1} La~out Date: Dig Week: J~ ". ,""" .,~. [!]. ,- , .. ~ _."_.. . 0.- . Computer T Relay Relay Relay Relay Relay Relay NO DECK OR POOL EQUtPrv'EN'T iN 2ton ~T1)[~J~~~ENT 1~ Waterrall -r~1 (It r-A(f(,,&f2) W I V. 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(.) t 0 a::: <> ....- o~-;::' .E~(.) l/I ;,; .. ! ~ ~ ~ .....w l/I.' -Ill ~ Vl '- (.)"tl S c: Z => c::':: c: "- iii ON a 11.0 tl 1:) c: II) E:;, 0._ (.) z Cl. 1:) 0 .~ <( ~c:~~~~ -' 1:1'- t: III III III L.J~e~l/I ~ III t7>Cl::: ~ ~ :::OIDIIl~-g :O::....'O.c:l/I,.. ~ 0 .... -. . t: ~ ~~ ~ ll'lo:;,.o-o :o::E"'l/I !DO 0 .... ~::::t:-";"'oo ~.2 . t: t: ..: ~ "0 ~ .2 .2 "-.~ -.J ~"O Lu~oClio:::: ~:;,:So2~ o ... -., III ~.2 5 $ ~ .S f- Z oe{ .;-U a:::e{ > City of Colleyville 5400 Bransford Road BUILDING PERMIT APPLlCA TIO -- Colleyville, TX Single Family - New Construction and Remo ; A' ,~I ~.A:;' 'I ,---'+ Job Site S t Address: rJ/7 j/Ma.d~ J-~ Legal Description: { ,;- 1___~~.ud- VI'i{4,5 lot block subdivision Name of property owner: \-..C? e I I j-.--------. _.--. _._--~-_.--_.- I Street Address of Contractor: lu _..~ 0 ~O1- .. nL 2~ _, _u.._"__-_ ----- : City / State / Zip: :6f,,~~~ltL - 'T -L_-L~oa'f ~____Q~~_ ~_'2~~_l_....2_~,-- ..\Name of contact person: Telephone: ! t)~'-l \ I::> \),;:,l~ L,.v-Q" ~I/- L(O\, '6~~q I MNew single family dwelling unit 1st floor living area ~~~ s,f. 2nd floor living area ~ 12 s., Total living area 3 'I I c:t.. s.f. Area of porches and patios~~l_ s" Area of garage {" 'i " s.f. -~-_.__.- 4, (,oCt Ip s" '1 g 1,1>0(:) Total sq. footage Estimated vall $ Building Line Setback: Front: _I /6.. -I ___n~_" . L _ [Single family remodel, repair or addition Total area being remodeled / repaired: s.f. Left: -I Right: ~ Rear: ~,~In ;/V, Type of Fuel: Method of Sewage: ~ity C'=] Septic Tank Total area of new addition: s., Estimated value: $ Provide a general description of proposed work: Note: Attach a Plot Plan and your proposed Construction Blueprints in accordance with Colleyville Bulletin No. 501. Electrical: PLc. Plumbing: ' -r . - ~+.4}tn_J~j~u~l~?I-~r't_c.' Your name (Printed Name): b f\ \J / p_.._ ..2~141~JQ.,. - Mechanical: \ "", r.\r ~v lL \~ f.'\,\~iL I Concrete: i \.-u... \ 0 ~ \U ~ ~ -r::- ~L . , '\ .,~ nU__ \J~.._--~ 3?"'\.j /( f' - I=.. e. c:..: P. I '-_ __,._4-..YJ.3.J [=:J Yes DNO Date Owner / Contractor Notified: df!l!..U.fJL__- Reviewed by: v' _.~~ .WiL ~ Eng. Dept. Fire Dept. Bldg, Insp. 4-;' 7- c>' /' 60 ., Ucl4-' (5822) Water Installation Fee: ---\(5817 Service Charge: I - j (2114) Water Deposit: \ 1(5821/5829) Sewer Tap Fee: (5725/5726) Roadway Impact Fee: ...-- 1 (5727) Water Impact Fee: I I 1(5740) Sewer Impact Fee: II tJZ1' on I > \.z. ~n_ I iSlJ' otJ 1- I/OU' OJ) I !/.>~tJ ~~,~ I ' 1 tiL aJ, {JID\ ! ! ... ~J~JI 3'- ;;S-O' j ;(.y ()t) 'IS: ~1) (5411) Building Permit Fee: (5417) Plan Review Fee: (5845) Lot Drain. Insp. Fee: (5416) Contractor Reg. Fee: Other Total due: CV - 002 (5-02) ~ r: ~ Q cD . ;n ;.,. Co , .Q ~ . /J 4-/ - )7- C"-{ d./(.../ I j L r~-"'c y CITY COpy t}l~ \0/\ {& BUILDING INSPECTION FILE PERMIT SUBJECf TO ALL NOTES AND ATIACHMENTS. PLAN CHANGES; Any change ~hich affects the location of structures in r:latlOn to be easement, building and/or p~ Imes :;ust resubmitted to Bldg. Insp. F?r reVIew an approval prior to construction. '.,,- '-"- 4~'."- S~' Q -' C Q , in N I I ! CONC. DRIVE I I ---~ ------------ ------------- -~--------------------- , S' U.E. &~.oot ARCAOY LAN& BUILDER IS RESPONSIBLE FOR PREVENTION OF EROSION BY COLLEYVILLE CITY ORDINANCE 0-93-901 Innovative Ideas For Traditional Home Design T · LIneS Residential Designers and Planners n~"" An... "".An ,.....\J n4..., ..4C ..."..'7 ,. CO -' Q , in ~ 1-:2lZ)'-lZ)" LOT IS, aO'"',..K I ROSEWOOD viLLAS COLLEYvlLLE, TEXAS OMALA HOMES TERRY RESIDENCE lZ)~ A-04-010 Westgate Villas Ltd. PO Box 611 Colleyville TX 76034 Rogers, Patricia A 725 Arcady Ln Colleyville TX 76034 Polo Custom Homes Inc. PO Box 211564 Bedford TX 76095 Gary Panno Inc. PO Box 715 Colleyville TX 76034 Palmer, Aubra W Etux Jayne 0 6406 Lorraine Park. Colleyville TX 76034 Gary Panno Inc. Dba Ryan Homes PO Box 715 Colleyville TX 76034 Gary Panno Inc. PO Box 715 Gainesville TX 76241 1 st State Bank of Gainesville PO Box 10 Gainesville TX 76241 Zimmerman, Jeffrey K 6403 Champion Way Colleyville TX 76034 Claffey Pools, applicant 1625 Brumlow Ave South lake TX 76092 Doug & Lee Terry, applicant 717 Arcady Ln Colleyville TX 76034 Doug & Lee Terry, applicant 6940 Katherine Ct Richland Hills Tx 76118 Case A-04-010. Notices dated August 23,2004. 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 .~ TexaS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: September 14, 2004 A-04-006 - Request by Murway Building Investments for a variance to allow a new residence to encroach the front building line on Lot 17R, Block 2, Montclair Parc, located at 5607 Normandy Drive UPDATE The Zoning Board of Adjustment tabled this item at the August 10, 2004, meeting to allow the applicant to consider changes to the building layout and discuss the changes with the Montclair Parc Architectural Control Committee. The applicant has revised the building plans, which reduces the encroachment of the building line on Miramar Lane from 15 feet to 5 feet. The Montclair Parc Architectural Control Committee has submitted a letter that states they have no objections to the revised plan or encroachment. Copies of the revised building plan and the letter are attached. SUMMARY & COMMENT Murway Building Investments has purchased this lot located in the Montclair ParcAddition for the purpose of constructing a new single family home for J. R. and Laura Locey, who currently reside in Southlake. The property is zoned R20-Single Family Residential. This is a corner lot situated at the intersection of Normandy Drive and Miramar Lane. The plat shows a 30-foot building set-back line adjacent to both of these streets. The applicant is seeking a fifteen foot variance from the 30 foot set-back requirement adjacent to Miramar Lane to allow the construction of their new home on this lot. The Montclair Parc deed restrictions require a minimum of 4,500 square feet in all residences. The homebuilder has explored various floor plans to deliver a home satisfactory to the needs and desires of the Locey's. However, in order to save a significant existing tree on this lot, it is necessary to seek a variance to the set-back requirements on the side of the home where the driveway will be located. The front of the home will face Normandy Drive and will be consistent with the 30 foot set-back requirements of the other homes along Normandy Drive. No building permit has been applied for. No architectural drawings or construction plans will be prepared until the homebuilder receives approval of the set-back variance request. Staff mailed fourteen notices of the variance request and to the Montclair Parc Homeowners Association. No correspondence has been received regarding this request. Agenda Item No.3 - Page 1 CONCLUSION It is the opinion of staff that: 1. Special circumstances exist for this property. The current owner purchased the home with the existing large trees located within the building envelope. 2. 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 Map · Copy of plat · Aerial photo · Site plan · Information from Applicant · List of Property Owners Notified Prepared by: Agenda Item No.3 - Page 2 Z ---1 OIL <( L <( ~ L 30,00' IIi! ) if] ,()I CJ . I ''l ~"I I I I I : ?2' CONe' T DRIVE : I I I I I I I I I I I J12' R C) (}l Lf) ....... j~ E:) ~ C) r<\ .J '" __j I LU '1 Lf) I 0.. I _, ,I LJ I Ul 11 ~n z G ': I 0.. ) I G ._.1 lY XI III (L G I RAC:lE I I I I I I I I I ~I- ()lY. 1-- ~:) GO LU GARAGE I I I I I I 8'30<3 ' 8S'-S" ~ {fl {fl COURT lARD f-iOUSE 4' CONe. WALK.~ 10B0S' NORMANDY DR. - I2E\/lS6.o &;\L..DI"" foorP~1 - Innovotivp IrlPO<-i For lroddional Horne Design The Lines Residenlial Designers and Planners Soulhlake, Texas Metro 817-481 9449 ,AX 817 416 2743 . Builder IOwner to verify and check 011 aspects of this site and plot plan prior 10 any construction PL.OT PL.AN I", 2~'-~" LOT IlR elK 2 MONTCLAIR FARe COLLErYlLLE,TX LEXINGTON HOMES LOCEr RESIDENCE JOB · ~415el 0 .... c:::l W c:::l > '" .." W <:> 0 0- W lJ.J 0: en CJ CJ ~ 0'1 I- I Montclair F ark. September 1, 2004 City of CoUeyville RE: 5607 Normandy Montclair Parc Subdivision To Whom It May Concern: The board of directon along with the architectural control committee has reviewed the recently submitted revision of the footprint for the Locey home at 5607 Normandy and has no objections. The board and the committee want to thank the members of the city board for their willingness to work through this process with the neighborhood. Should their be any questions please do not hesitate to contact the president of the neighborhood association, Robert Beall or Renee Carter, ACC. Sincerely, Montclair Parc ACC Robert Beall 817.545.7938 Renee Carter 817.540.1866 RECEIVED SEP 0 3 2004 Per ............. .~ l"exas ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 100 Main Street Colleyville TX 76034 817.503.1050 . APPLICANT /7l~ ~ Mi~phone No. Address ;; t} ~X 8Z/ 'f?;!l City A.J h~~ ~US State TX Applicant's Status: (check one) 0 Owner 0 Representative 0 Tenant . PROPERTY ~ /. OWNER /f)o.&P/ltj ~6r IAlo~lephone No. Address ~tfE, ~ ~e:5 Zip Code 7~ (~~____ Fax No. 7 jvlo~ I , Date 7 }z/oV Date State al 0 Trust 0 Partne PROPERTY INFORMATION The property own must sign th plication or submit a notarized letter of authorization. Please page before signing thi ation. Street Address or Location .......:L~ 7 ___ /lb~/97tILJ'7 ~.. ______ Legal Description L.L:J r /7 /<.-r-~ Z / /llCJNr~.e jJ~ ___________ Present Land Use ~E'VED o Under Construction 0 Existing JUL 1 6 2004 DYes j4'No Present Zoning ... ~roposed Status of Project: Have you applied for a building permit? Have you filed an appeal or petition on this property before? Case Number A -04-00CI _ Hearing Date 10 J;.o&.~ r,;1 1.oof- Action o Approved o Approved with Conditions o Denied Conditions .-..._---_.__..__._--_._--~._._----_._-------_._---_.---...-..-.---------------.------.---..----------.---.------.--.-------.-.------.--.----- .m.__........___..._._______.__....__..._...._..._.____.._..._.__.________.._._._.___...____..__.~..._.m_...____.__..._.__.._......_H__._mm_.__HH_.___.__.___.__._._____..._.__________._.___.~____...._....__~._._._H_ .. .__H~......~._._....H_H._.._.._.... m.___H._.__._....___.._..~.._...._.___~_.____._._.__.._.......__......_ m.. m............_........__.._.~_........_........m...._.._._._~_.._._..........__.._.._._.__.........___~~_~.m..._._...~_.__. ......_.__~_._._.____._._.___._.___.._...__..MM.M.__.__.__.M'M.___...__..M'~..._...__ Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPL...;ATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to outline fully the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Completely describe the variance you are requesting. U)~ ore. +>+- ~ fro. (Y\ ClL-\ n vi e 2. Do similar conditions exist in the area? Explain. ~\O \ no{^-'€U eX'" wt \j nrter5taffd yY\uJ1ip-~ Va J('; (lJf\[' 12.5 rolJe btt(\ 3 (anted v -C;l()SeS + -t'o 3. Describe how the unique conditions or circumstances do not result from your actions. 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 Q ojustment action does not constitute the approval of a building permit. Date 7 Itz/o V Applicant's Initials APPLICATION FOR VARIANCE CV - 410 (DECEMBER 2003) L ~ L1-LJ r:~~~'T r. - <r~ ~ - - - 1M' ,,\. 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Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. http://www.dfwmaps.com/print.asp ?extentleft=23 86022 .2368725 7 &extentright=23 86836.3... 8/4/2004 JR and Laura Locey 804 Wentwood Dr. Southlake, TX 76092 817-251-4533 locey@charter.net July 13, 2004 J. Clayton Husband AICP Development Coordinator City of Colleyville, Texas Dear Mr. Husband: In conjunction with our builder, Derick Murway, I am writing to request that you call me when the hearing is scheduled for our proposed variance request. Our builder has purchased the lot for us and is the person who has completed the variance form. However, my husband and I would like to be present at the meeting to support the variance claims. Please call me for any questions. Thank you for your assistance. We look forward to hearing from you. Sincerely, ~~~ Laura Locey A-04-006 Roque Custom Homes PO Box 54682 Hurst TX 76054 La Crosse, Lola E 1716 Gatehouse Ct Colleyville TX 76034 Munson, Richard L 1905 Hall Johnson Rd Colleyville TX 76034 Goff, Jerrod etux Brooke 5608 Normandy Dr Colleyville TX 76034 Jones, Mark E etux Robyn 5701 Morlaix Ct Colleyville TX 76034 Sandlin, Scott 5137 Davis Blvd North Richland Hills TX 76180 Lujan, Albert C etux Eileen G 1713 Gatehouse Ct Colleyville TX 76034 Montclair Pare Homeowners Assn PO Box 210026 Bedford TX 76095 Clemens, Denise etvir Kyle 1712 Crestedge Ct Colleyville TX 76034 Business Consultation Serv 5307 Miramar Ln Colleyville TX 76034 Smith, John G etux Alexandra 5700 Miramar Ln Colleyville TX 76034 Murphy, Robert C 1716 Crestedge Ct Colleyville TX 76034 Dolezar, Michael J etux Vivian PO Box 19387 Fountain Hills AZ 85269 Cabrera, Charles etux ME 5604 Normandy Dr Colleyville TX 76034 Cameron, Mark J 5608 Miramar Ln Colleyville TX 76034 Weinberg, Vickie etvir Steve 5603 Normandy Dr Colleyville TX 76034 Allen, Robert S etux Waltraud 5600 Miramar Ln Colleyville TX 76034 Laura Locey, applicant 804 Wentwood Dr Southlake TX 76092 Murway Building Investments PO Box 821429 North Riehland Hills TX 76180 ease A-04-006. Notices dated July 26, 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 Page 1 of 1 Clayton Husband From: Scott Sandlin [Scott@sandlin.com] Sent: Thursday, August 05, 2004 10.47 am To: Clayton Husband Subject: ZBA Hearing for 5607 Normandy Drive Clayton, On behalf of the ACC of Montclair Pare, we are opposed to the request for a variance to allow the new residence at 5607 Normandy Drive to encroach the building line. Thank you, Scott Sandlin President Sandlin Homes Inc. 5137 Davis Blvd. Ft. Worth, TX 76180 Office (817) 281-3509 Mobile (817 239-7700 RECEIVED AUG. 0 5 2004 8/512004 --- J<) '. ~~I: ~~~~ I ~ ~ ~b"'c./LI 1 ~ ...i. t- ~~ ~- ~cn#~ Q~. I I ! 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CD a.. .~ .~ 8 ] c:; 8 ta i ..... :.a ~ e <<I ~ .!:l <<l -0 a ~ .~ Tex.aS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: September 14, 2004 A-04-008 - Request by Jeannie Lohse to permit the re-construction of a nonconforming accessory building that was destroyed by fire on Lot 2, Block 1, Patricia Addition, located at 4900 Patterson Lane UPDATE The Zoning Board of Adjustment tabled this item at the August 10, 2004, meeting. The Board expressed concerns over the location of the building as proposed by the applicant. The applicant has met with one of the adjacent property owners, who had submitted a letter of opposition to the request. A revised set of drawings of the building were also submitted, and a copy of the drawings are attached. The following is a list of the design changes to the building, as proposed by the applicant: 1. Brick veneer will be installed on the east wall to match the brick on the existing house 2. The wall height of the building has been changed from 12 feet to 10 feet 3. A residential style raised panel garage door will be installed on the building instead of the standard grade steel door 4. The building will be landscaped appropriately to provide year-round greenery 5. Colored roof and wall panels will be installed The proposed location of the building has not changed. The proposed location, which is closer to the south property line, is not the same as the original location of the building. Some Board members had expressed concern about the re-Iocation of the building. SUMMARY & COMMENT Jeannie A. Lohse is the owner of this residential lot located on Patterson Lane. The property is zoned R20-Single Family Residential. Until earlier this summer, the lot contained an existing single family home and a detached garage/workshop. Unfortunately, on June 16, 2004, a fire destroyed the detached garage/workshop. The owner is seeking to rebuild the structure. The structure destroyed by the fire contained 1,440 square feet and had been a legal non- conforming structure, since it was constructed prior to the time the City Council adopted maximum size standards for accessory buildings. According to the regulations in the Land Development Code, a permit can not be issued to re-construct a non-conforming structure, except with the approval of the Zoning Board of Adjustment. Agenda Item No.4 - Page 1 A non-conforming structure is a building that, when constructed, was a lawful structure, but due to changes to the zoning regulations, could not be constructed under the current regulations. Part of the jurisdiction of the Zoning Board of Adjustment is to "permit the enlargement or re-construction of non-conforming structures." Ordinance 0-00-1223, approved by the City Council on July 18, 2000, established a maximum size for accessory buildings. The maximum number of square feet that can be constructed under the current regulations is determined by the acreage of the lot on which the accessory building is to be placed. The following is a copy of the table taken from the Colleyville Land Development Code, which shows the maximum size of accessory buildings allowed for the different lot sizes. To exceed these size limits requires the approval of a Special Use Permit by the City Council. Maximum Square Footage of all Accessory Buildings Lot Size Under .5 ac .5- .99 ac. 1 - 2.99 ac. 3+ac. Total s. f. 750 s. f. 1,000 s. f. 1,750 s. f. 2,500 s. f. The Lohse's lot contains 0.65 acres, which would allow an accessory building of 1,000 square feet. The Lohse's would like to replace the destroyed structure with a new structure that would be very similar in size to the one destroyed. No construction plans are available at this time and no building permit application has been filed by the applicant. The applicant could have applied for a Special Use Permit to re-construct the garage/workshop, but that procedure would have required one public hearing before the Planning and Zoning Commission and two public hearings before the City Council, a lengthy process for replacing a previously existing structure. Since the previous structure was determined to be non-conforming, the applicant chose to proceed with the request to the Zoning Board of Adjustment, as authorized by the Land Development Code. Staff mailed notices of the variance request to twelve property owners surrounding the applicant's property. No correspondence has been received regarding this request. CONCLUSION It is the opinion of staff that: 1. Special circumstances exist for this property. The owner had a lawfully constructed garage/workshop prior to the fire that destroyed the structure. 2. The special circumstances do not result from the actions of the applicant. 3. The proposed re-construction of the garage/workshop would satisfy all setback requirements for the district. Agenda Item No.4 - Page 2 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, subject to the building being constructed at the original location, and subject to any conditions required by the Board ATTACHMENTS · Application for variance · Location & Zoning Map · Aerial Photo · TAD information · Information from Applicant · List of Property Owners Notified Prepared by: Agenda Item No.4 - Page 3 Changes made to origi nal request to address the concerns of Danny and Linda Vincent Changes to the original design request are as follows: . Installation of Brick veneer on east endwall to match home. . Oownsized building from a 12' wall height to a 10' wall height. . Installation of a residential style raised panel garage door instead of the standard grade steel door. . Landscape- building appropriately to provide greenery year-round, . Installation of colored roof and wall panels. I II 11\~ i: m~ I. q.. ~I Ria i ~ !il i ~~~~~ ::O>:u,::O-l Oh;..;ijITI s:..<o-<~ r<<=:l:z;:; tl;I>!~P't' !f-.... ~ ra II Z!:e m ONOom :T 01 0"" ~al'zO> a ;:t L._._._._. 'l<:o:n $~D-- iiiiji lhlt iff vol. 12468. pg. n.R.T.C.T. N 00'20'30" E 180.6' , ,------------------- , \ \ , \ \ \ \ \ \ \ \ \ \ \ 'z ~ \ ~'o ~\ ~ (J) S\ ti\ '-l 11- \ ~~ ~'. C3 m -:E. ,~\ r f;j ~..... l.\ t;l.... ~ co co ,-I ~92-< t1\~ ~\ ~~tl~ - ~ \ :-l'"<:l~~ \ <;1"" \ . :a \ .... . \ ~ \ \ \ \ \ \ \ \ , r~ p;!i _ gll.~ ~b~ I a ~ l. U! i ~~aa~~~i ! li!!I!ii I =< II >0 lil t'j e' UTI!. DIIT per ",.. 379 I - - - - - - - -,- !B . 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ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 +APPLlCANT ;I~ljNNLt____lt..._LJ>-h'sL__________ Telephone No. ~ G__2J?_1:112P. Fax No. 1:J4 57l::1.?/i3:L Address L/qfJO P/rlt Ot-{ iN ZtLf S7/-702./.:;- oFfICe.... ..__.____.._.__.._.__LR!2.____._______.____..__._..___...____.____.______________.__.__.____.._.___.___.__._____________ Ci~PP/~~:::.~~~;--[JR~~;~~-;;;;tat~-;, 5t: Ten~ --- Zip Code ]J42'!~__ + OPERTY_ .. /I I _I OWNER JtA~~L'__r..L_~!1~_L______. Telephone No.fI7U7']Yi2 Fax No. .2i!:L..S7/-7LS3 Address L/ qtXJ PitH f,1S0A.1 L . lll( ,,>7' -707..1.:J .-CFf-tct.... _.._.._._.__.__......__._........m___._._._.___._._______.._.m.m.t'I:._....._._._.._._._...._._._m__._._._...____._._._.__..____________.___.__..___.__..__._.___._..____ _________ City --.ibJJr.1(-ul1L~___________-____________._.__________ State __.1X__________ Zip Code _160~f -=~~~~ ership Status: (check one) a'lndividual 0 Trust 0 Partnership 0 Corporation 7-22 -04- Date Owner Signature Date 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 Stre~A~ffi~illLo~tioo --~__~__~__~iU(~-~--~----_---_-- Legal Description _.___l,Qf____~_____.____BLQ_c_t____.L_.__________P~+iJ.1 (LfL_____IYd_liJ D1:!______________.__________ Present Zoning 20 Present Land Use ___~1""_~c..e ~~I~~-_-------- Status of Proj.ect: 0 Proposed 0 Under Construction 0 Existing Have you applied for a building permit? 0 Yes lia"'l\fo Have you filed an appeal or petition on this property before? ~., Q Yes RECEIVED JUL 2 3 iU04 BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number __~:..~t=-~l}______. Hearing Date ,.. 4.1" \)61 'ZQ) f Action o Approved o Approved with Conditions o 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. 2. Do similar conditions exist in the area? Explain. 3. Describe how the unique conditions or circumstances do not result from your actions. __.______________________ 4. Is there any way to dowhat you want without this request? Acknowledgments ~ J:!f1(. 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 atter public notice. 1 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 l,-12-o~ APPLICATION FOR VARIANCE CV - 410 (MARCH 03) j~ I ~l ~~i I 1 ~ _ 0 NDV DR .... A ,ro- REI S ~ ....., r .w'" J - - M ntc~ a r ~p(; rc ~.~t t~~~. crrpve J-(-~t / Su r~'leJ'b]teooj~ .. ~'" [H. 11\.11 .1 ~ 11-< y-.. I ..~ ... r 10' nl - l:1.. l/l:1..1 ,,)N ")0 - ~~~., 2 -\1-)- ~ i~ AG I~ , R-40 ( L ., - - - TIa Y . -~ Nt Do{ - - - .-. -- ." ~ ~ At THUR l R - At; ~ L .-:-:---- )~GA~l "-J .-. ..:~ _ "I"l_ ......._ r... t~ ra rtb ~odk j ~states -~ ~-.f,O 1/"- ~~\- ~~ R 1'\ i- n _ _ - ..., ~ H-,'lU ;:: .... II - - ., PUD-R I 0-02-13441 R-30 ~ .~~ ::; ,/" - QJ' 2: S ~'" - - - - r.~ H / "'1''-' ~~ \ I ~ R. 20 if) - ~ ~ ffir !ti ~r- - J [II< S\1.ilf\e~ ~\\goO\.l TVI I=R ~T n - r- I ! I 0-00-1259 L ~ \::\ >.J~"""""~~ ,.' "\ . I 0-00-1207 0" f-- L-o: ~~'( ~ 0-02-1369( ~ """ '\..J r K ') Real Estate Display Page 1 of 1 Home Another Search Tarrant Appraisal District Real Estate 07/26/2004 Account Number: 04852400 Georeference: 31862-1-2 Property Location: 4900 Patterson Ln, Colleyville Owner Information: Lohse, Mark E Etux Jeannie A 4900 Patterson Ln Colleyville Tx 76034 1 Prior Owner(s) Legal Description: Patricia Addition (Grapevine) Blk 1 Lot 2 Taxing Jurisdictions: 005 City ofColleyville 220 Tarrant County 224 Tarrant County Hospital Dist 225 Tarrant County College Dist 906 Grapevine-Colleyville ISD This information is intended for reference only and is subject to change. It may not accurately reflect the complete status of the account as actually carried in TAD's database. Proposed Values for Tax Year 2004 Land Impr 2004 Total** 2003 Total Market Value Appraised Value* Approximate Size* * * Land Acres $28,280 $217,720 $246,000 $159,940 2,280 0.0000 o $145,400 Land SqFt *Appraised value may be less than market value due to state-mandated limitations on value increases "'*A zero value indicates that the property record has not yet been completed for the indicated tax year "'**Rounded 2004 Notice Sent: 04/13/2004 Exemptions: General Homestead Protest Deadline: 06/01/2004 Property Data Deed Date: 06/27/1997 Deed Vol: 012828 Deed Page: 0549 Year Built: 1993 pct Complete: 100 TAD Map: 2108440 MAPSCO: 040P Agent: None Class: 007A State Code: Al Single Family Garage Bays: 02 Central Air: Y Central Heat: Y Pool: N MAPQUEST Map http://www. tad.org/Datasearch/re.cfm? Account=%28%2E%21 %20BJ%5D43KPL %20%OA 7/26/2004 Request for variance at 4900 Patterson Lane, Colleyville, Texas 76034 Background - . Prior to 16 June 2004 we had located on our property a garage workshop that was 36 X 40. . 16 June 2004 we experience a fire at our home which completely destroyed the garage workshop (please see attached Fire Marshall's Report). . 22 July 2004 the remnants of the garage workshop where demolished and hauled away. Request - . We have contacted Cozart building to prepare a quote for a new structure (bid to be received by 15 August 2004). . Other neighbors with similar buildings include the Womeldorf;s, Vinson's, Barr's, McCuistion's, Hodge's and Hyde's. . Our request is to rebuild like structure on our property 4th quarter 2004 and respectfully request a building variance to do so. A-04-008 Reck, Raymond J Jr 2200 Glade Rd Colleyville TX 76034 Velasquez, Melanie etvir Andrew 2305 Glade Rd Colleyville TX 76034 Beres, Nancy etal 6 Cardiff Ln Athens OH 45701 Hodges, Marilyn 2301 Glade Rd Colleyville TX 76034 Celestinos, Frank J 2208 Glade Rd Colleyville TX 76034 Patterson, Michael E etux Mari 2205 Glade Rd Colleyville TX 76034 Sultan, Tariq & Rifat Tariq . 2209 Glade Rd Colleyville TX 76034 Carpenter, Reeta L etvir James 2201 Glade Rd Colleyville TX 76034 Labarge, Amy & Lonny 4809 Bill Simmons Rd Colleyville TX 76034 McCuistion, Michael etux ML 4905 Bill Simmons Rd Colleyville TX 76034 Vincent, Danny C etux Linda J 4811 Patterson Ln Colleyville TX 76034 Womeldorf, David K etux Robin 4808 Patterson Ln Colleyville TX 76034 Jeannie Lohse, applicant 4900 Patterson Ln Colleyville TX 76034 Case A-04-008. Notices dated July 26, 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 ~onday,August9,2004 City of Colleyville Attn: 1. Clayton Husband AICP Development Coordinator Attn: Zoning Board of Adjustment RE: Case Number: A-04-008 ~r. Husband, Thank you for taking the time to sit down and meet with us today. We are submitting our written comment as mentioned before the Public Hearing as stated in the Notice of Public Hearing. Please forward this written comment to the Zoning Board of Adjustments. We ask that the board review and take the following interests and concerns into consideration: 1. The requested structure to be replaced by the fire was stated as being 1440 sq. ft. This square footage must have included the detached metal carport that was added years later in front of the original garage. Without the detached carport, the original building structure would have been within city compliance. Aerial photos of the structure will confirm this and easily depict the added detached carport (see attachments). 2. The Lohses recently constructed an additional accessory building on the northwest comer of their lot and hope this will be taken into the consideration when determining the total square footage allowed from all accessory buildings. A reconstruction plan had not been submitted when we meet with Mr. Husbands. Without a plan and knowing the type and size of the building to be reconstructed it will be very hard to determine if the requested non-conforming building will have an adverse effect on the long term improvement of the neighborhood. We are opposed to a non- conforming 1,000+ sq. ft. accessory building on the .67 lot size given the recent progress in new homes and improvements in this growing neighborhood. We ask the Board to review the type, size, height and aesthetics of the requested structure. Currently, we own three acres across and within 200 feet of the proposed variance request. We have two accessory buildings built by the previous owners that are on our property and meet city compliance for the amount of acreage. We are very pleased that the City of Colleyville takes such time in evaluating and maintaining the quality of standards for all its citizens. This allows neighborhoods like ours to have an opportunity to continue to improve and move forward in progress. Thank you for your time and consideration. Sincerely, The Vincent Family RECEIVED AUG 1 0 2004 Per ..~~,..... A house fire started today in Colleyville Wednesday, June 16 at 4900 Patterson Lane, listed by TAD as the home of Mark Edward Lohse. Fire Marshall Jeff Jones was on his way to another fire call at the People's Bank when he saw smoke on the horizon. Upon investigation, he found the detached garage fully involved. The Colleyville Fire Department received the 911 call at 12:00 p.m. and was on the scene in minutes. All Colleyville emergency units were involved. Additional units were called for assistance from the city of Bedford. The fire destroyed two vehicles and heavily damaged a travel trailer. The homeowner was working on a vehicle in a detached garage. The fire originated with the vehicle. The homeowner tried to extinguish the fire prior to calling 911. By the time the Fire Department was on the scene the entire garage was well involved. Page 1 of 1 Clayton Husband From: David Womeldorf (dkwrc@sbcglobal.net] Sent: Sunday, August 29,20048.32 pm To: labaronb@cLcolleyville.tx.us; Clayton Husband Cc: dkwrc@sbcglobal.net Subject: Variance request at 4900 Patterson Lane Clayton, My wife and I are opposed to the request for a variance by our neighbors Mark and Jeannie Lohse, 4900 Patterson. We understand they are "grandfathered" but the replacement building should be the same size and in the same location. We are against the requested variances for the following reasons. 1. The proposed replacement building would be metal, much larger and taller then the old building. Their two accessory buildings together would take them more than 300 square feet over the city code allowance of 1 000 square feet. The old building was 24' X 40' with a carport. According to the city of Colleyville Land Development Code Sec. 3.27 AIB "the term accessory building shall include detached residential garages and pool houses, but shall exclude a carport. " 2. The proposal to move the building about 25 feet closer to our property line would make the building stick out. We believe the building with 12' walls will tower above a new garage we're building which will match the brick and shingles on our home. We could have built a metal garage for about 1/2 the cost. There are other pe<ml~_on our street with metal buildings. They are set back behind the homes on larger lots and within the square footage allowed by the city code. We understand the Lohse's want to replace their old building, but we feel it should be the same size and location as the original building. 8130/2004