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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-10/12/2004 city or ll@ Texas AGENDA ZONING BOARD OF ADJUSTMENT City Hall Council Chambers - 100 Main Street Tuesday, October 12, 2004 REGULAR MEETING 7:00P.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 September 14, 2004 September 28, 2004 (Special Called Meeting) RECOGNITION OF OUTGOING MEMBERS Butch Bercher Larry Henry Pat Davis SWEARING IN OF NEWLY APPOINTED MEMBERS Rich Munson, Place 1 Skip Reynolds, Place 2 Lisa Kenney, Place 3 ELECTION OF OFFICERS Chairman Vice Chairman AGENDA ITEMS 1. Case A-04-011 - PUBLIC HEARING - Request of Robert Hamos and Nick & Kathleen Steinberger for a variance from the fence requirements on Lot 17, Block 5, Remington Park Addition, located at 401 Vintage Court 2. Case A-04-012 - PUBLIC HEARING - Request of Kim Dellosso for a variance from the fence requirements on Lot 18, Block 3, Monticello Addition, located at 7810 Jefferson Circle 3. Case A-04-013 - PUBLIC HEARING - Request of Daykar Pushkoor for a variance from rear yard setbacks for a house addition on Lot 12, Block 28, Ross Downs Estates, located at 6803 Carriage Lane REPORTS AND COMMENTS ADJOURNMENT Posted: Friday, October 8,2004,4:30 p.rn. cD~d Clayton Husband AICP Development Coordinator ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - SEPTEMBER 14, 2004 REGULAR MEETING: Chairman McNosky called the meeting to order at 7:00 p.m. Roll Call Present: Rich Munson, Skip Reynolds, Dee McNosky, Larry Henry, Ed Moore, Pat Davis Staff: Butc~ Bercher Barry LeBaron, Clayton Husband, Eddie Edwards Absent Approval of Minutes Motion by Skip Reynolds to approve the minutes of the August 10, 2004 meeting as presented, seconded by Ed Moore, The vote being: Ayes: Rich Munson, Larry Henry, Pat Davis, Dee McNosky, Ed Moore, Skip Reynolds Noes: None Chairman McNosky explained the procedures of the Board to the audience. Aaenda 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 Clayton Husband presented the case to the Board. He stated the applicant proposed to construct a new office building on the property and is requesting a variance to encroach the rear building line. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Jerry Pedersen came forward to speak. He stated that he needed the variance to allow the construction of his proposed office building. Chairman McNosky asked if there were any others in the audience wishing to speak. There being none, the public hearing was closed. Skip Reynolds asked the applicant what type of business is being proposed. Jerry Pederson stated that he operated a printer supplies company. He stated that this may be a speculative Zoning Board of Adjustment Minutes - September 14, 2004 Page 1 of 6 building. Skip Reynolds asked about the nature of the business activities. Mr. Pederson stated that most of his business is over the Internet or by phone and shipped. Few customers come to the office for pick-up. Skip Reynolds asked why he wanted to move his business. Mr. Pederson stated that had been renting space and wanted to own his business location. Larry Henry asked if he had the building footprint firmly established and could he put the air conditioning equipment at the back of the building instead of adjacent to the residential property to the east. Rich Munson agreed and stated that should be added as a condition to any approval. Chairman McNosky asked what type of screening is proposed between the business and the residential property. Mr. Pedersen said that the screening would be consistent with that required of the city code. Rich Munson moved to approve the request with the condition that the air conditioning units are put on the side of the building instead of the rear of the building and that red tipped photinia shrubs not be allowed as the screening material. The motion was seconded by Larry Henry. The motion was approved by the following vote: Ayes: Rich Munson, Larry Henry, Dee McNosky, Ed Moore Abstained: Skip Reynolds Noes: None 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 Clayton Husband presented this case to the Board. Skip Reynolds asked if there was a five foot utility easement across the front of the lots and no utility across the rear of the lot where the pool is proposed. Chairman McNosky opened the public hearing. There being none to speak, the public hearing was closed. Neither the pool contractor or the homeowner were in attendance at the meeting to speak. Larry Henry stated that he would normally be concerned about the one foot distance to the property line, but since the lot abuts a green belt he had no problems with the request. Skip Reynolds expressed concern that the homeowner or contractor was unavailable to speak. Larry Henry stated that the applicant was the pool contractor. Skip Reynolds stated that in the past there have instances where the contractor had the homeowner with the contractor at the Zoning Board of Adjustment Minutes - September 14, 2004 Page 2of6 meeting, didn't think that the contractor's signature gave the variance request proper standing before the Board as an applicant. Ed Moore moved to approve the variance request as presented. Skip Reynolds questioned whether they could take action on the request. Rich Munson stated that this question has come up before, so the Board is taking action on somebody's property that is no represented. Chairman McNosky stated that the application is signed by both the contractor and the homeowner. Larry Henry asked if it was staffs opinion that the variance request was a valid application. Clayton Husband stated that both the contractor and the homeowner had signed the application. Rich Munson questioned whether the signature on the application was the property owner's full name. Barry LeBaron stated that the property owner is always notified of the date of the public hearing, but could not understand why there was no representative or the property owner at the meeting. Skip Reynolds asked if staff knew who signed the application as the homeowner. Clayton Husband stated that very rarely are the application forms signed in front of staff, that they usually come to the office fully completed. The motion was seconded by Larry Henry. The vote being: Ayes: , Larry Henry, Dee McNosky, Abstained: Skip Reynolds Noes: Rich Munson, Ed Moore Chairman McNosky stated that the motion failed due to not having four affirmative votes. Rich Munson moved to table the request. The motion was seconded by Skip Reynolds with the amendment to rescind the prior action. Rich Munson accepted the amendment. The vote being: Ayes: Rich Munson, Dee McNosky, Skip Reynolds Abstained: Larry Henry, Ed Moore Noes: None Chairman McNosky stated that the motion failed due to not having four affirmative votes. Rich Munson moved to table the request. The motion was seconded by Ed Moore. The motion to table was approved by the following vote: Zoning Board of Adjustment Minutes - September 14, 2004 Page 3 of 6 Ayes: Rich Munson, Dee McNosky, Skip Reynolds, Ed Moore Abstained: Larry Henry Noes: None 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 Rich Munson stated that he would recuse himself from this item due to the proximity of the applicant's property to his property. Pat Davis took his place as the voting member on this item. Clayton Husband updated the Board on this case. He stated that the applicant had revised the request from a fifteen foot variance to a five foot variance. He stated that the applicant had to be out of town on an emergency. The applicant had also met with the homeowners association and had received their support of the variance request. Motion by Skip Reynolds to remove the item from the table and seconded by Larry Henry. The motion to remove the item from the table was approved by the following vote: Ayes: Dee McNosky, Skip Reynolds, Pat Davis, Ed Moore, Larry Henry Noes: None Chairman McNosky opened the public hearing. Nancy Dennis represented the applicant and explained that the architectural control committee of the homeowners association had approved the request and the applicant had done everything that had been asked of him. There being no others to speak, Chairman McNosky closed the public hearing. Motion by Skip Reynolds to approve the variance request, seconded by Larry Henry. The motion was approved by the following vote: Ayes: Dee McNosky, Skip Reynolds, Ed Moore, Pat Davis, Larry Henry Noes: None 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 Rich Munson came back as a member of the Board. Clayton Husband updated the Board on this case. Zoning Board of Adjustment Minutes - September 14, 2004 Page 4 of6 Rich Munson stated that he would recuse himself from this item since he was not at the last meeting where this item was first discussed. Pat Davis returned as a voting member of the Board. Motion by Ed Moore to remove the item from the table, seconded by Pat Davis. The motion to remove the item from the table was approved by the following vote: Ayes: Unanimous Chairman McNosky opened the public hearing. Mark Lohse stated that they are requesting to rebuild an accessory building that had burned during the past summer. He stated that he had been previously requested by the Board to meet with one of the neighbors who had expressed concerns at the prior meeting and had adjusted his request to address those concerns. Chairman McNosky asked the applicant to review the changes to the request. Mr. Lohse stated that brick veneer would be put on the east end wall, the height of the structure was reduced and the surface of the garage door was changed to raised-panel door. There being no others to speak Chairman McNosky closed the public hearing. Skip Reynolds asked the applicant why he needed such a large building. Mr. Lohse stated that the existing structure was 1,500 to 1,600 square feet, including the carport and that he felt that he was asking for a smaller building. Mr. Lohse stated that there were other metal buildings in the neighborhood and showed photos ofthe one on his neighbor's property and on property located two houses down from his. Skip Reynolds asked if the applicant planned to put a brick ledge on the foundation. The applicant stated that was his plan and he would like to brick the building in the future, but couldn't afford the expense at this time. Larry Henry expressed his concern over the applicant's request. He stated that the relocation of the building to another location on the lot, in his opinion, should not be a consideration of the Zoning Board of Adjustment, but a Special Use Permit application to the City Council. Skip Reynolds stated that he disagreed. He stated that the applicant's building was nonconforming and was lost due to fire and moving the building footprint over a little bit does not alter the request. Motion by Skip Reynolds to approve the variance request, seconded by Ed Moore. The motion was approved by the following vote: Ayes: Dee McNosky, Skip Reynolds, Ed Moore, Pat Davis, Noes: Larry Henry Zoning Board of Adjustment Minutes - September 14, 2004 Page 50f6 Adiournment There being no further business, the meeting adjourned at approximately 9: 1 0 p.m. Barry LeBaron, Development Director Approved on: Zoning Board of Adjustment Minutes - September 14, 2004 Page 6 of 6 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - SEPTEMBER 28, 2004 REGULAR MEETING: Chairman McNosky called the special meeting to order at 7:00 p.m. Roll Call Present: Rich Munson, Skip Reynolds, Butch Bercher, Dee McNosky, Larry Henry, Ed Moore, Pat Davis Staff: Clayton Husband, Eddie Edwards Agenda Items 1. Case A-04-010 - TABLED ITEM - 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 Larry Henry moved to remove the item from the table for discussion. The motion was seconded by Butch Bercher. The motion was approved by the following vote: Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Skip Reynolds Noes: None Clayton Husband updated the Board on the request and stated the property owner had the signature on the application notarized as requested by the Board. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Doug Terry, 717 Arcady Lane. He stated they have complied with the Board's request regarding the signature. Chairman McNosky closed the public hearing. Larry Henry moved to approve the request as submitted. The motion was seconded by Butch Bercher. The motion was approved by the following vote: Ayes: Butch Bercher, Larry Henry, Dee McNosky, Ed Moore, Skip Reynolds Noes: None Zoning Board of Adjustment Minutes - September 28, 2004 Page 1of2 Adiournment There being no further business, the meeting adjourned at approximately 7:15 p.m. Clayton Husband, Development Coordinator Approved on: Zoning Board of Adjustment Minutes - September 28, 2004 Page 2 of 2 .~ TexaS ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: October 12, 2004 Election of Officers The Zoning Board of Adjustment Rules of Procedure state that the Board is required to elect a Chairman and Vice-Chairman at its first meeting following the appointment of new members, or as deemed necessary. The Board must also appoint a Recording Secretary. It is customary to appoint a staff member as Recording Secretary as this position is the primary record keeper of all Board activities. A copy of the current Rules of Procedure is attached. Prepared by: Rules of Procedure City of Colleyville - ZoninQ Board of Adiustment ZONING BOARD OF ADJUSTMENT RULES OF PROCEDURE I. ORGANIZATION AND OFFICERS 101. Orqanization A Board of Adjustment is hereby established which shall Consist of five members and two alternates to be appointed by the City Council. The term of office of said members and alternates shall be two (2) years. All vacancies occurring on the Board of Adjustment shall be filled by appointment of the City Council. Members and alternates of the Board of Adjustment may be removed from office by the City Council for cause upon receipt of written charges and after public hearing. Vacancies shall be filled by appointment of the City Council for the unexpired term of the member or alternate affected. If a regular member vacancy occurs, the senior alternate will fill his position and the City Council will appoint another alternate. 102. Officers A Chairman and Vice-Chairman shall be elected from among the Board's membership at the annual meeting of the Board and at such other times as an officer position may become vacant. The city's chief executive officer shall designate his representative to serve the Board as Executive Secretary. 103. Duties A. The Chairman, or in his absence the Vice-Chairman, shall preside at all meetings and shall decide all points of order or procedure. B. The Executive Secretary shall be custodian of the minutes and other official records, shall attend to the correspondence of the Board, and shall cause to be given such notices as are required and in the manner prescribed by law. 104. Rules of Order Roberts Rules 6f Order, latest revision, are hereby adopted and said rules shall govern the procedures of the Board unless otherwise provided for by statute, ordinance or these rules. II. MEETINGS 201. Quorum A quorum shall consist of four members. If a regular member is absent, the senior alternate will fill the position. If two regular members are absent, the Rules of Procedure City of Collevville - ZoninQ Board of Adiustment second alternate will fill in as a regular member. Prior to the opening of the public hearing on the first application request being considered, the Board shall indicate the voting members to the audience by show of hands. Any regular or alternate member arriving after the opening of a public hearing shall not make motions, seconds or vote on the agenda item being considered, but may participate in the discussion. 202. Aqenda An agenda shall be prepared by the Executive Secretary for each meeting of the Board. The agenda shall include appeals and other matters scheduled for consideration by the Board. A copy of the agenda shall be posted in the City Hall seventy-two hours prior to the meeting as required by the Texas Open Meetings law. The agenda packets shall include all materials available pertaining to items on the agenda. 203. Meetinqs Regular meetings shall be held on the 2nd Tuesday of each month at 7:00 p.m. at city Hall, unless otherwise provided for by the Board, or unless no application has been scheduled for consideration by the Board. 203. Special Meetinqs Special meetings for any purpose may be held (1) on the call of the Chairman, or (2) on request of three or more regular members and by giving written notice to all members deposited in the mail at least 72 hours before the meeting, or (3) as may be scheduled by a majority of the Board at any previous meeting. All meetings shall be open to the public. 205. Public MeetinQs All meetings shall be held in full compliance with the provisions of state law, the Zoning Ordinance of the city and these Rules of Procedure. Any party in interest may appear in his own behalf or be represented by council or agent. III. OFFICIAL RECORDS 301. Definition The official records shall include these rules and regulations, and minutes of the Board together with all findings, decisions, and other official actions. Stenographic notes of the Recording Secretary and tape recordings of proceedings and discussions shall constitute the official record of the Board. 2 Rules of Procedure C~v of Collevville - ZoninQ Board of Adiustment 302. Recordino of Vote The minutes of the Board's proceedings shall show the vote of each member on each decision of the Board, or if absent or failing to vote shall indicate that fact. 303. Notice of Decision Written notice of all decisions of the Board shall be sent to the petitioner by regular mail within 10 days. 304. Files-Retention All appeals and other matters coming before the Board shall be filed in the city's records. Original papers of all appeals shall be retained along with other special matters as the Executive Secretary deems essential for, permanent record. 305. Public Record The official record, appeals accepted for filing, and other matters presented to the Board in regular or special meeting shall be on file in the city Hall and shall be open to public inspection during customary working hours. IV. APPEAL PROCEDURES 401. Review of Decision Any person or persons, or any board, taxpayer, department, commissions or agency of the city aggrieved by any decision of the Zoning Board of Adjustment may seek review by a court of record of such decision, and under the time limit specified with section 211.011 Texas Local Government Code. If no appeal has been taken from the Zoning Board of Adjustment ruling within the time limit specified under the above-mentioned Article, the Board's ruling shall be final. 402. Refusal Reauired No appeal shall be taken to the Board until and unless the Enforcing Officer has first refused a permit for plans submitted or has rendered an interpretation of the Zoning Ordinance. When needed and at the Chairman's request, the City Manager andlor appointed official shall be present at the public hearing. The Board may consider a waiver of this requirement when the Board determines that the cost of such plans would be an unnecessary burden. 3 Rules of Procedure City of Colleyville - ZoninQ Board of Adjustment 403. Application Requirements Every appeal shall be filed on application forms provided by the City, shall be accompanied by the prescribed fee, and shall be complete in all respects before being accepted for filing. The application shall bear the signature of the owner of the property under appeal or shall be accompanied by a letter from the owner acknowledging taking of appeal. An incomplete application or a communication purporting to be an application and not made in the form prescribed shall be regarded only as a notice of intent to appeal, and shall not be considered or acted upon by the Board. 404. Guidelines for Application Every appeal shall be prepared by the applicant according to the guidelines continued in the Appendices for the type of appeals by statutes or ordinances. Where two or more different types of appeals are included in the same application, each set of guidelines shall apply. 405. FilinQ Deadline An appeal shall be filed with the Board within ten (10) days after the date of decision of the Enforcing Officer. Every appeal shall be filed with the Executive Secretary of the Board no less than twenty (20) days prior to the scheduled meeting date of the Board. Appeals filed after the deadline shall be scheduled for the next regular meeting. When the filing deadline falls on a city holiday the following workday shall be observed as the filing deadline. 406. Notice A. Public notice of any appeal affecting a specific property shall be given as prescribed in the Land Development Code by means of a written notice deposited in the United states Mail, postage prepaid. not less than fifteen (15) days prior to the date of the scheduted hearing. The notice shall identify the applicant, the location of the property in question, the nature of the request, and the applicable Zoning requirements. B. All property owners within two hundred (200) feet of the property seeking the appeal s,hall be notified. C. Public notice of any appeal seeking an interpretation on applicable Land Development Code regulations which would apply throughout the city, shall be given by means of a legal advertisement appearing in the official newspaper of the city not less than fifteen (15) days prior to the date of the scheduled hearing. Written notice shall also be given to the applicant and his agent as provided in paragraph A, above. The notices shall identify the affected provisions of the Land Development Code. 4 Rules of Procedure City of Collevville - ZoninQ Board of Adiustment 407. Submission of Evidence Evidence supporting the grant or denial of an appeal shall be submitted only through the Executive Secretary or to the Board in public meeting. 408. Withdrawal of Appeal Any appeal may be withdrawn upon written notice to the Exec!Jtive Secretary; but no appeal shall be withdrawn after giving of public notice and prior to the Board action thereon without formal consent of the Board. 409. Expiration of Time In each decision of appeal, the Board will include a specific expiration time for compliance. V. HEARING AND DECISIONS 501. Public Hearin~s Hearings on all matters on which a decision of the Board is required by law shall be open to the public. The applicant may appear in his own behalf or be represented by counselor agent. 502. Order of Business The Chairman shall call the Board to order and the Executive Secretary shall record the members present and absent. The Chairman shall publicly advise those present of the procedures followed in the hearing and disposition of appeals; he shall call each appeal and shall announce the name of the applicant, the location of the property involved, and the nature of the request. Each case may be taken under advisement until all have been heard. 503. Procedure for Hearin~ A. The Chairman shall ask staff to outline the applicant's request, advise the Board of any communications received and present copies of any supporting evidence for or against each case. B. The Chairman shall call upon the applicant to present his case and all evidence supporting his plea. The Chairman shall then call on those to speak who support the appeal. C. The Chairman shall next call on those opposed to the granting of the appeal to present their arguments. The applicant shall then have the right of rebuttal to arguments presented by the opposition. Following the rebuttal, the Chairman shall order the hearing closed. 5 Rules of Procedure City of Collevville - ZoninQ Board of Adjustment D. Each side shall proceed without interruption by the other and all arguments and pleading shall be addressed to the Board. No questioning or arguments between individuals will be permitted. During the hearing, no member shall debate or argue an issue with the applicant, nor indicate his probable vote on the appeal. E. The Board may not continue hearing on any appeal for which the applicant fails to appear unless the applicant has requested that, the Board act without his being present at the hearing; provided however, the Board may hear those persons appearing in response to the notice of hearing. 504. Board's Questions The Chairman may direct any question to the applicant or any persons speaking in order to bring out all relevant facts: circumstances and conditions affecting the appeal, and will call for questions from other members of the Board and from the staff. 505. Decision After all appeals have been heard, each appeal shall be reviewed and acted upon. The Board shall make such findings as required by law. 506. Disposition of Appeals The Board may approve, approve with modifications, or deny an appeal. The Board may also defer action on any appeal whenever it concludes that additional evidence is needed or that altemate solutions need further study. An appeal may be dismissed when the Board finds that the appeal has been improperly filed or, upon notification by the Enforcing Officer that permits have been issued for a conforming use or development of the property. 507. Vote ReQuired The concurring vote of four members shall be necessary to approve, or to approve_conditionally, any matter appealed to the Board. When a motion in favor of an applicant fails to receive a second or four affirmative votes, the Executive Secretary shall record that fact and shall include in the minutes an entry stating that the Board has denied the appeal. VI. CERTIFICATION AND AMENDMENTS 601. Certified COpy A certified copy of these Rules and Regulations and of .any amendments thereto will be placed on record in the office of the City Secretary within ten days following their day of adoption. 6 Rules of Procedure City of Colleyville - Zonina Board of Adiustment 602. Repealinq Clause All previously adopted rules and regulations of the Board shall be and the same are hereby expressly repealed. 603. Amendment Procedure Amendments to these Rules and Regulations may be made by the Board at any meeting, upon the affirmative vote of four members. ADOPTED: ATTESTED: This :I~ day of August, 2000 ~. mt I~ Chairman ~ Filed in the Office of the City Secretary this ~~~ Boar cretary 7'1}; day of Spk"J,u- ,2000. ecretary of Colleyville, Texas 7 Rules of Procedure City of Collevville - ZoninQ Board of Adiustment APPENDIX A TO THE BOARD OF ADJUSTKENTS RULES OF PROCEDURE: INTERPRETATION APPEALS A-I. INTERPRETATION: BASIS FOR FILING Whenever it is alleged that there is an error in any determination Qr application of the requirements of an applicable Section of the Land Development Code an appeal for interpretation of the regulations or map designations may be filed with the Board. A-2. INTERPRETATION: PAPERS REQUIRED An appeal shall include a STATEMENT by the applicant describing the way it is alleged the Regulation should be interpreted, together with diagrams and charts illustrating the erroneous and the proper application of the map or text provisions. A-3. NTERPRETATION: ADDITIONAL PAPERS REQUIRED A letter by the administrative official shall be forwarded in the packet giving the section and page number of the Colleyville Land Development Code that was used as a basis for the denial of the request. 8 Rules of Procedure City of Collevville - ZoninQ Board of Adiustment APPENDIX B TO THE BOARD OF ADJUSTMENT RULES OF PROCEDURE: SPECIAL EXCEPTIONS B-1. SPECIAL EXCEPTION: BASIS FOR FILING Whenever the Land Development Code requires specific approval by the Board for the development or use of property I an application for a special exception shall be approved by the Board before the Enforcing Officer shall issue a permit for the proposed construction or use. B-2. SPECIAL EXCEPTION: PAPERS REQUIRED An application for a special exception shall include a site plan, drawn to scale, showing all lot dimensions, and the location and dimensions of all existing and proposed lot improvements. B-3 INTERPRETATION: ADDITIONAL PAPERS REQUIRED A letter by the administrative official shall be forwarded in the packet giving the section and page number of the Colleyville Land Development Code that was used as a basis for the denial of the request. 4 9 Rules of Procedure City of Collevville - ZoninQ Board of Adiustment APPENDIX C TO THE BOARD OF ADJUSTMENT RULES OF PROCEDURE: VARIANCES C-I. VARIANCE: BASIS FOR FILING Whenever, owing to exceptional and extraordinary conditions, the literal enforcement of the provisions of a zoning regulation will result in unnecessary hardship in the development of the property, an appeal for a variance may be filed with the Board of Adjustment. C-2. VARIANCE: PAPERS REQUIRED An appeal for variance, shall include: 1) a site plan, drawn to scale, showing the location and dimension of the lot and of all existing and proposed improvements; and 2) a statement of facts and reasons why the zoning regulation should not be applied to the property in question and how the standards govemingthe Board's actions would be satisfied. C-3. INTERPRETATION: ADDITIONAL PAPERS REQUIRED A letter by the administrative official will be forwarded in the packet giving the section and page number of the Colleyville Land Development Code that was used as a basis for the denial of the request. C-4. VARIANCE: SPECIAL INFORMATION REQUIRED A. When an appeal is based upon hardship resulting from shape changes in topography or unusual terrain features, the site plan shall include topographic information related to know base points or surveys, and profiles of the particular problem involved, including relationship to topographic features of adjoining properties. B. When an appeal is submitted for variance of side or rear yard requirements, the applicant shall provide the same information for the properties adjoining the common lot line as may be applicable to the appealed requirements. C, When an appeal is submitted for a variance from front yard setback, or for side yard setback on a side street, the applicant shall furnish a strip map showing the setback of main walls of all buildings on the same side of the street within a distance of 200 feet of the applicant's property. 10 .~ Texas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: October 12, 2004 A-04-011 - PUBLIC HEARING - Request of Robert Hamos and Nick & Kathleen Steinberger for a variance from the fence requirements on Lot 17, Block 5, Remington Park Addition, located at 401 Vintage Court SUMMARY & COMMENT Nick & Kathleen Steinberger are the owners of a lot located at the southwest corner of Remington Parkway and Vintage Court. The Steinbergers propose to fence in a portion of the yard adjacent to both Remington Parkway and Vintage Court. However, the fence would encroach the building lines on both streets. The owner is requesting a variance to allow the encroachment. The lot in question is a corner lot, with a 30-foot building line on Vintage Court, and a 15- foot building line on Remington Parkway. The owner proposes to construct a new fence on the side and rear of the lot. The proposed fence is a 5-foot tall wrought iron fence. The fence would be located 7.5 feet from the property line on both Vintage Court and Remington Parkway. The fence would connect to the existing fence on Remington Parkway and enclose a large portion of the northeast area of the lot. A visibility clip at the corner is shown on the drawing, which would allow drivers to see on-coming traffic from the right. Since the proposed fence would encroach the platted building lines, the applicant has requested a variance to allow the fence construction, Diagrams showing the proposed location of the fence (Exhibit A) and the building lines on the lot (Exhibit B) are attached. The Board of Adjustment approved a similar variance for this property on April 8, 2003. The variance allowed the construction of a fence along the rear of the lot, which faces Remington Parkway. The approved variance contained several conditions related to the height and location of the fence and required landscaping, A copy of the conditions are attached (see letter dated April 9, 2003). Section 3.26.D of the Land Development Code restricts the location and design offences located in front yards. The regulations restrict the height of the fence to 30 inches, and the fence must be constructed of not more than 25% solid construction. This regulation is intended to prevent fences from blocking the view of motorists on adjacent roadways of cars or people exiting the property. In response to one of the questions on the variance application, the applicant submitted a list of properties where similar conditions exist in their opinion. It is the opinion of staff that only two of the properties on the list are similar to the case under consideration. The back Agenda Item No.1 - Page 1 yard of the lot owned by the applicant abuts the side of the property next door. This situation is similar to two of the properties on the list: 511 Remington Court and 6400 Kentucky Court. Staff visited these two sites and measured the fence setbacks at these locations, The fence at 511 Remington Court is set back approximately 15 feet from the right-of-way of Remington Parkway. The fence at 6400 Kentucky Court is set back approximately 20 feet. Staff mailed notices to 17 adjacent property owners regarding the variance request. One email has been received regarding the request, and a copy is attached. CONCLUSION It is the opinion of staff that: 1. Special circumstances exist for this property. The lot is a corner lot with 420 feet of frontage on Remington Parkway and Vintage Court (70% of the lot perimeter), which requires a large setback for fences. 2. The special circumstances do not result from the actions of the applicant. 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 Map · Information from Applicant · Exhibit A - Location of Existing and Proposed Fence · Exhibit B - Lot with Building Lines · Letter Dated April 9,2003 · List of Property Owners Notified P,epa",d by' ~ Development Coordinator Agenda Item No.1 - Page 2 N -f:lo. ~! -- I ....... . / _.....~.._--r -- m -- -- ..p.. 01 -- CO ~~~ , I '~ I 1:/ L.__ - N o -- N \ N '" l ~ ~ ....----- ....... ---------- -- ............... .------~-- -------... - - ---) ~~-_...~ ~ /' ~~ \tn . \ \ N VI \~-" N 01 ..._~~.. -- .fll. () --; CO PkWy ~ -- o~(<'\ ~ OJ -0 ~~y ;0 .-- z lQ~~ N Z ....... C) ~~ ~ U1 ~ --; -- VI )> ;0 ~ 0> C) ~ ~~~~ tn L -4[ ~{b A Y b ~ - -, ~1 , , , , , , _____..J / ./' co ~ c.") VI--.......J / / N i o ~~\ / ~~ {'f'\ r-L ..... ~\ co .".,.,.... \. --~r-..- Oi <1 ~ ~~- ....... . ~- m ~y :;0... ---...! -,::- ..... ! tTI --4J ! o )> ^ .- )> ~ z ....---+----..-.....--- ~ ~ \ ----+--.--- .~ Texas ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Cofleyville 5400 Bransford Road Colleyvifle, TX 76034 817.577.7587 +APPLlCANT -&_~~lLr_._HIAM/?S___________._____ Telephone N _L?"_-2Z212 +<f x No, ~/l1l_i_ZZ~1 Address ____._.Lt2.2__L/!!_DJ/5.IjfJlJ.L________________.___.._______________________________.._._.__________________..__..____..___ City ________KJ2t!.1YJE..DIJ.L.a___________________________ State --T,K-------.-- Zip Code Zk-'!..kt2.____ Applicant's Status: (check one) 0 Owner )l Representative 0 Tenant + PROPERTY N 1 OWNER _.-.l.LI{_f_kirrH_b.E~__ST..~!!'I17~.!!I{relePhone No. ~[7~M;71 Fax No. Address ____,=tf2L___~j~_r~.€>._~.__.~I.._______________________________________..______________________.__.___________.__.____.. City _____Cctl...J....E_XVj_l...h~________________________________ State __ IX._._____ Zip Code Ownershi tatu (check one) )( Individual 0 Trust 0 Partnership 0 Corporation Applicant Signature 1-1-& t 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 S~clA~re~mLocdon -~L_~~A_~~_____________~________ LegalDescription __~~__L~__~~~~~~ __~__~~~~_~~______ Present Zoning ________f1.J?5L'O.l2/Y_JJll.L________.______._ Present Land Use _.__~.F~.1... D ellf _T / At '=______ Status of Project: _ )( Proposed _ 0 Under Construction 0 Existing Have you applied for a building permit? J'4Yes 0 No :J.1'Y vl~te.:()~~L $ U4t:; p~ Teo ()oo.pq Sf:E.G. ~()fJ'f tPr 1>3 AjT~e'H;;.t) 'r:I,-v-/lf.... ~ Have you filed an appeal or petition on this property before? 0 No )is Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number __~-=-_~f_-=-~JL____ Hearing Date Action o Approved o Approved with Conditions o Denied Conditions Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary '. cc@Jn~ Texa. ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577,7587 APPLICATION TYPE -.rl Variance Request : - lJ Special Exception lJ Interpretation Appeal APPLICANT u PROPERTY OWNER INFORMATION ~ .1. (jEltT HAMP$ Address _.-JtJS / N DflUB1A:L __.___ City _ /I eN N t:.D /J. L e.. State -=r,K Applicant's Status: (check one) [J Owner )l Representative lJ Tenant , · PROPERTY N 1//" OWNER lO( ({VITJ./Lp/5ll( ST~JNJj~~elephone No. ~17 B~/I:l?1 Fax No. ___ Address ~d-tJ I," \li.&~EL~_____________________..__._______________________,. City C" LL 12'( III L L.. B. State _ IX ...________._.________ Ownershi tatu (check one) )( Individual lJ Trust lJ Partnership lJ jt/t(J: . APPLICANT _.__ Telephone No. ~!l_q7:lJ1!/Tax No. ~'l4ZK_Z?~_i! Zip Code 7ttJ~tJ PROPERTY INFORMATION Street Address or Location 1r''' "'VI/tfTtki s C 7; Legal Description L~+-_L7-r-~l..-<9~< S- tr~t1tfIN~ T/LII( ~.4IfI<' PJ./., .3______ Present Zoning _-'1. 1= ~ ( I) (;:.(;yIJAL Present Land Use __fiB $.( D ~~ 14 k-__._________ Status pf Project: . .)(pro~~~ed.. lJ Under <:;on.slr\Jction lJ Existing. Have you applied for a building permit? ~Yes lJ No <;J.1Y vlt;~:D~~~ ~ U.,e; p~ TBO f)"II~q S15G. ~()I'Y iPr ~3 41"T"e""~.{) '{(HI<(...._ Have you filed an appeal or petition on this property before? lJ No )S Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY . Case Number HearIng Date [J Approved with Conditions Action lJ Approved lJ 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. _ K J; F P __7 J-J.. e _ 3 t) ~i! Ii- DJ /V5L___~/ /\/-.13____ ..__...m..~1"1__ItL€__E6'..q_"{_I______~_l!._f{y e.----t?-c--TJ:L~.----11~.J!~Ei--.--(J~-:L-.-A'=~lt1L-.7.tl~ -----/io-lP21t--Ll!lLI'{___P-g~_~/2__L2!-rtL~~-)---~~~ ~--.--If2----ld;;-.-.-----?h~---E!? ~_l1:1.______.._____. __._f~!!..f!?1Tt____L.:.- / ~____._I_(:L_M_-1-_rrtL__Y IJ 1J1-1~~€~/L___._~iS..,. _(JrRp p~/(l'L___fM .S 2. Do similar conditions exist in the area? Explain. _.~~ T__ t!'p __I~ F.;__ C-tl/ll"lliLl( L97:S_l&1.JJ) ____~_8~__CJ?:~_~/If_____rl::::LE __-f,_/k:.L(~1f.----210 [3 A~p Cl-~.S Str< IN-AN 6~!/"'J)}NIf ~ .___?'_~_.~_____~_'i_~.!_~_T_.___~___~_____L~_~_.p.;~p ~>-:@~___.__.______._____________________________________._ 3. Describe how the unique conditions or circumstances do not result from your actions. .__IL--1.~___-f;J1...14-'J:;U~:.~~_._ ____~_L~L.~_____~A2____?__f?::r__._._~~____~_L~_TL.J:E!Xs._-~___________._______________ 4. Is there any waytp do what you want without this request? l-l" ,TI1J?- 14- {9 rn P C' W ~ IS ~_._~~~~t> __.~t!iJ?::____MfZ'i!3____'1'AJ1.fJ____ff?J~!_~_~_(J_.____~_f2___~llLb._tL{1__f!iJtf..___'&!f_g___lk.E!l~~JL________ ___._A_._._E:~_~~__€!:_+-___.___..__._._.._...__.__....__.__.____._.__._________.__._.._____.____________...__._.__.__._______.._____._._..____._.___.__.. Acknowledgments I certify that the abov:e 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. Ii/ i Date q -1- 671 Applicant's Initials APPLICATION FOR VARIANCE CV - 410 (MARCH 03) 09/24/2004 08:2& 2143&%&92 REPUBL Ie ENERGY PAGE en/Ell Esterday Fence POBox374 Ken_ale TX 76860 817-571-5949 (817) 478-7767 September 21) 2004 Nick and Kathleen Steinberger, the owners of property 8t401 Vintage Ct in Colleyvi1le gr.ant permission to Robert Hsmos of Esterday Fence to seek a knee variance on their behalf /1J.d. ~I- Nick Steinberger ~' ~>>~ athleen Steinberger ~ ~>f~ ~~ rrl, J(}O f !I: i i I I I ; i I : 1.1 Iii i. : I:! ~ ' I Ht- !, i I: W ~I!l (J./uh /lr)1!1 It/Hi (J) Iii ~~ulti .. ....jl1 S Iii .... ... .';j &2 11 (V'lLu $) Ii L9!. I' tf)11 ~\1. 2m..l/- II.. :1 " I! fi; . lil Iii lil Iii II! IJt . . ill IH. .. III Ii 1;1 Iii iii [tt III I.' ill I:! Iii H I:: H 111 (.I Ii I" 1 ~ i !i! hi II! I ! Ii A- v 0 It 6$$>~> P=tJ t<I., L?uG S TtcQ ll' #-2 r=NTRA"IC 12 P-PAl'Ce 'It> If 6. m 1/l[~{&tV fA-,tf/( S-ll If (;r'YlI1'i(TOllj ~T. 41/ C. ~vNTrr'(P~<<E 4tJB C~V/V I;e~ fJL-4-cf2 ~i€ 0 J{plV' TV Clo( YUHCLuH "3 17 t?4/(u~61bA'lVHD.~!UHU{~O~~ f=- GIVe'S) u . )/ 0 H4'it;~ (. T~ 21 j . .. ./-f1!1 'i12$-Cr ..... nH ~j~ ~~;::~:T ~:::~~L~L~~~ (J~~~~:~~ )(0 (;, AL. I.-4rt. T ~I JOE C #J. (11{ 10 L. 12<;1. (~I+ {351 1I11-'?: :> LQ~ Q) o c Q) u. -c Q) en o Q. o s- a. -c c CO C) C ~ en 0- >< W 14- o C o ~ CO o o ....I I c( ...., .- .c 0- ~ >< w Q) CJ C Q) LL C) c +i rn ';( W .<.., ..(^ J Ui ~ . . . . . . Q) CJ C Q) LL "C Q) rn o c. e a. ...--.--. ...,., <)8 ~i > o .0 I...d (O.u ~~ ~LA ~l.l ~ Exhibit B - Lot with Building Lines f\) ...... ~ ...... ~I.O { City ot '. ( April 9, 2003 Texas Larry Cole Foxcreek Residential Development, Inc. 6420 Remington Parkway Colleyville, Texas. 76034 Re: Case Number A-03-003, Lot 17, Block 5, Remington Park Addition, Phase III _ 401 Vintage Court - Variance Request Dear Larry, 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 setback requirements at 401 Vintage Court was approved by the Colleyville Zoning Board of Adjustment at the April 8, 2003 meeting. The variance _ will allow you to construct a fence along Remington Parkway. that will encroach. over the building line by nine f~et (9'). The following conditions were added to the motion: · Th~ fence will be a five foot six inch (5' 6") tall iron rail fence; · The fence is to be placed six feet (6') from the property line · Photinia shrubs, holly and/orcrepe myrtles to be planted on 3 foot centers; · Bradford pear trees to be planted in the bed; and · No metal edge to be placed along the shrub bed. A copy of the plot plan that was presented to the Zoning Board of Adjustment is attached for reference. If you have any questions or require additional information regarding this matter, please call me at (817) 577-7587. Sincerely, CITY OF COLLEYVILLE J n Levy lanning & Zoning Assistant levyj@ci.colleyville.tx.us Cc: Building Inspection Department P.O. BOX 185 COI.II=V\lII I J: TJ:YAC:: 7l::N':!A 10......,\ "'....,.... .,~.,~ f C9 ~6-'i'O <6e.~\ ~5,,..s1> 'Y~.~ ofb"'"O tfOLLY AllbJD'" ~~ .sHAUErS, (!(.NT~I(S FO"'-' f"'1''''''Io e5 tiN 3' _ Nt' ill.-rL _ . PLI' ... pf ~ _;",.' 9 C~~ " .~ 0 !L_--- (.) o . - . 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Vintage, Court PLOT PLAN of 401 VINTAGE COURT with FENCE PLAN ZBA VARIANCE CASE # A-03-003 A-04-011 Ingram, Tyrous W etux Vera 400 Vintage Ct Colleyville TX 76034 Foxcreek Residential Dev Inc 6420 Remington Pkwy Colleyville TX 76034 O'Regan, Brian etux Kristen 404 Vintage Ct Colleyville TX 76034 Ihrer, Kenneth & Deborah 401 Polo Ct Colleyville TX 76034 Beakley, Deryl etux Andria 405 Polo Ct Colleyville TX 76034 Hartley, Jeremy L 313 Chestnut Bnd Colleyville TX 76034 Wood, David A etux Theresa K 317 Chestnut Bnd Colleyville TX 76034 Porto, Andrew J etux Wendy J 315 Morningstar Ct Colleyville TX 76034 Redfearn, Gregory S etux Amy C 6100 Remington Pkwy Colleyville TX 76034 Sandfort, Gregory A etux Anita 316 Chestnut Bnd Colleyville TX 76034 Relocation Resources Inti 120 Longwater Dr Norwell MA 02061 Blalock, Hank J 408 Country PI Colleyville TX 76034 Hannah, Donald C etux Carla C PO Box 501 Colleyville TX 76034 Nick & Kathleen Steinberger 401 Vintage Court Colleyville TX 76034 Barnard, David M etux Karon 408 Vintage Ct Colleyville TX 76034 Dehaven, Dwayne A etux Nancy B 405 Vintage Ct Colleyville TX 76034 Putlak, Wayne A etux Kimberly 409 Polo Ct Colleyville TX 76034 Wenban, Rick B etux Laura 311 Morningstar Ct Colleyville TX 76034 Henderson, Wm T etux Daphne D 312 Chestnut Bnd Colleyville TX 76034 Tracy, John T etux Cathy 6101 Remington Pkwy Colleyville TX 76034 Robert Hamos, applicant 105 Industrial Kennedale TX 76060 Notices dated September 29, 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 ZONmGBOARDOFADJUSTMENT AGENDA BRIEFmG Agenda Date: Subject: October 12, 2004 A-04-012 - PUBLIC HEARING - Request of Kim Dellosso for a variance from the fence requirements on Lot 18, Block 3, Monticello Addition, located at 7810 Jefferson Circle SUMMARY & COMMENT Kim Dellosso is the owner of a lot located at the southeast corner of Monticello Parkway and Jefferson Circle. Ms. Dellosso has applied for a building permit to construct a fence. However, the fence permit application can not be approved, since the proposed fence will encroach the 30 foot building set back line adjacent to Monticello Parkway. The owner is requesting a variance to allow the encroachment. The lot in question is a corner lot, with a 30-foot building line on both streets. The front of the house faces the wide portion of the lot adjacent to Jefferson Circle. The owner proposes to construct a new fence on the side of the house adjacent to Monticello Parkway, which would expand the size of the back yard by encroaching into the side yard adjacent to Monticello Parkway. The proposed fence consists of a 6-foot tall wrought iron fence with brick columns at the corners of the fence. The fence would extend from the edge of the house to the property line, and would enclose an area of 2,600 square feet. In addition to the fence, the plan indicates a landscaped area adjacent to the fence. Since the proposed fence would encroach the 30-foot building line, the applicant has requested a variance to allow the fence construction. A diagram showing the proposed location of the fence is attached. The side property line of the house located to the south of the applicant's property abuts the rear property line of the applicant's property, but the adjacent house faces Monticello Parkway. The adjacent lot has a circular driveway with one of the entrances adjacent to the rear property line of the Dellosso property. It is possible that the proposed location of the fence could block the visibility for the circular driveway entrance, since the entrance is located close to the property line. If the back yard of the Dellosso property faced the back yard of the adjacent property, rather than the side yard, the allowed fence setback would be different. In this case, the Dellosso's could place the fence 15 feet from the side property line on Monticello Parkway. Under the current property layout, the Dellosso's could only construct the fence at the 30- foot building line, unless a variance is approved. Section 3.26.D of the Land Development Code restricts the location and design of fences located in front yards. The regulations restrict the height of the fence to 30 inches, and the Agenda Item No. 2 - Page 1 fence must be constructed of not more than 25% solid construction. This regulation is intended to prevent fences from blocking the view of motorists on adjacent roadways of cars or people exiting the property. Staff mailed notices to 17 adjacent property owners regarding the variance request. One email has been received regarding the request, and a copy is attached. CONCLUSION It is the opinion of staff that special circumstances do not exist for this property. Furthermore, staff is concerned over the potential for blocking the visibility of vehicles entering or exiting the adjacent property from the circular driveway. However, the following staff recommendation is based on the information currently available. Additional information that may become available at the public hearing may effect or even change the following staff recommendation. RECOMMENDATION Denial ATTACHMENTS · Variance Application · Location and Zoning Map . Information from Applicant . Aerial photo of applicant's property · List of Property Owners Notified . Copy of email from an adjacent property owner Prepared by: Agenda Item No.2 - Page 2 cceu~ Tex.. ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 __~__ _ \ ~~_______ Telephone No-~11::2I.4-~DL2Fax No_ _____ ~~:~:~~~e;~~:~ ;~:~J?-=~=-;i~~~~ ~.~ · ;;~=:RTY _.~_~~_________________._.__________.______ Telephone No, ________._____ Fax N<R E C: L\LEn.____ Address _____.__.___.___________________.___.____..__._....___.__ _.. ----.--------------____________________om______________---------SEE-2_3-LD.D.4______. Ci~wne IP St.tu~ (~~) ~~i~~I~~:~:~O pa~~~::~ ..~~~:~ D~ 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. Street Address or Location .t ~.Q._~:..L~ -- ~~----------:- ---TG-,r--ftT\-- ;-____ Legal Description b:1roJtclLQ-+-..l.D.-IJlL::~~~ ~ DLYlLci1L~ Present Zoning Dfk:?A~c~-Qff-~L~-~r&-i!-~Lc:<present Land Use J1~?~___il(~_~~~_'I~C_____ Status of Project: J( Proposed Cl Under Construction Cl Existing Have you applied for a building permit? )( Yes Cl No Have you filed an appeal or petition on this property before? ')j(No Cl Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number A - 04 ~OI2- Hearing Date ~~~~~~ Action Cl Approved Cl Approved with Conditions Cl Denied Conditions .........-...~_..._...___.____._._..__.___._._._.___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 th~nce you r requesting. De l.0 0'-2\ Ql i ~-t'~_~LlG~.- CLLonS.\.)L...._.\fl;:r~~~~~.ecl.~~~ilii~__._.___ ~~~~~~1~~~c~~~ w-o.0161_11' ~~~~~ ~-Ll.QCdL:G-~--W--.3:-~-.LfL~lqaPg , 4. Is there any way to do what you want without {his request? ..bff2-=-------.----.--~.!.Jl..t_r.a~~_j:h.lS ~===-~-=-~.=.~:=-~=~=====~~~-=~-*~~ 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 ~J> Date q~ 23 --04-- APPLICATION FOR VARIANCE CV - 410 (MARCH 03) Po 1 /Z7-M- . ~ :~ ~ -. '-. .....;.:'-----" 13.140 @ " . .'---' """- " II 15~~'/~;':::-=-_H__H~;' : ! 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N CIl 0 <n .... N ... .... .... -.., ~ N .... ~ ~~ N .... '" ... .... ..... ... l' '" .... N 0 ." 0'" ... ,., ~ ... .... '" '" '" 0 N . . . . . . . . 0 0 . 0 . . . ." . . 0 . 0 :!l .... '" .... ... '" .... '" '" CIl N .... ... .... .... ..... .... .... co '" ... ... '" g .... 0 '" ..... 0 ..... 0 '" .... 0 ... '" 0 .... N ,., ,., .... - .... .... .... 0 ~~ ~ ~ ~ ~ ~ ~ ~ 00 ~ ~ ~ ~ ~ ~ :!l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , OL '8 C I 3"oqPf'0f'8S ;:4.1 o ,06 001 o . o (;JI C\J--...: II C\J N 87030'00 E ~ I 160.00 9/8 "0 ~ 0 W 0 l{) 0 0 ~ 0 0 I'- CO 0 <D 0 W CJ) 0 = (\j 0 - 0 CJ) LO o o o LO W @ - 0_ 00 loO '\t ~ o 0 (]) - C CJ) W C o ~ o "0 w r 0 o _0 I g g Q v 0' " I co C\I @i ;1 ~(/ N /!y' ~/?:.~' * .......~ ~ 1/ -"'I" 0';; ~~ ';;0 /'1/'" I I'- (\j 65 f ::~ ;1" ~~: <D -; ~) ~I~ SI- ) 18,0. i; -:9 ,'.8. 31:2 ~ ~r ? -, l ( c C C. \~ ,. .~ l -< '\tg r !HR 10----------. . -- SURVEY PLAT I"" / / /. ;':;~~''!!''''':''!T -:!' ... 1,;:;''':';.1.. ~~ ~ '-:"2; '.;OTE: This property is subject to the D.F.W. Airport Zoning Ordinance 71-100 --,-" in \'nJ. 7349. Pg. 1106. D.R.T.e.T. . rJ ',\}~'r-:: ~;:if~"'1II!" 4IIf __ ,. :X:".Xn"::r 0::: -x-:-_" . "~'1t ~~'''''''. ~ :"':/1( 'I( ''lit: '". '_ . "*:....:+~:~__,,~~:: "",,r~_,. .. f ..,....~ .'~, ..~ .l..., '.:. ~'~.If' ._,~.., '-'.' ,I"J_ .-. """ ....~..~" ~ ", ...-.........."..... .~; .;; ~ '"":l.c' ~____,...,........,..~_____- - .... :x=x:..:-, ~.lC "' ~ I'l> 'l~ ~~! -: ." ':;:'.S:.CTlON IDENTIFIED BY THE G.F. NO. SHOWN HEREON<-\ND ,0 -..:: ", .... ..::""..',::. THE PURCHASERS OF THE PREMISES SURVEYED AND TO DALL~:. _ .~ '.'-"f :'_). ::~::; _~ _ . Iv~"'I~~.._ --. "'-7-~~:-.,. ,- Jt;'.' .' .' ~- ." " .. .~ ~rv\\ II' ' ^, ('I.. (t'l '" \\~.. -,... '/'" :c:"" .,~',~ p"~ ~ .;17' ':k;;/ :1'- ...,~ ..--.... -:- :\..- ~~- .r... , ~ ~1 ~ k :~ : ~ r: r, ~1 r. rj ~ ~ HR .'.... .. ': :"...-,t. " ..' - a::e a ~<l'efui and accurate survey of the property located at 7810 JEFFERSON CIRCLE in the c.:):' " "". ". ; " = :: ,', . . ~-:',. .,. exas. described as follows: Being Lot 18 in Block 3 of MONTICELLO ADDITION, an Addition :c - :..... ,,>::'1, - : - .\::: ~ :",.; T c.Junty. Texas, according to the Plat thereof recorded in Cabinet A, Slide 64 of the Deed ..".., (I) .....Il o 'L m 11, " m ::0 (f) o z o ;1J () r m ~""! oS ,. t. '''!-~.--,,-,~ l.OT 17 ~ / .' l; ,c. '1 1/2" IRS .~ .:,c~"""1'",& I ---j[8J ,"" J:.... .- -"'''-......-------;.-. ''''.. .; .. ... V FLEG PAD ESMT P f MO~TICEJ.LO PARKWAY ,.. flsr., -Fe.t::, .. .,. ~ "- t . "POP"". .". .,'''1 on the_7TH day of FEB. . 20~, this survey being a copyright prolected product was ma,je c _ ,.. - a~ : ..,-.'- .. ":-;' ~.;,.-: ~~ per the field notes thereby produced. and it properly represents the facts as found on the ground. This S'_ _. ~. ~ ;:;'" ~ <", '.. ~..-~ '") substantial compliance with. all rules and regulations promulgated by the Texas Board of Professional L..,.,--': SI ;--.'e. Or.::. ~~1e surveyor has relied solely on the record data provided in the title COT"OTitrnent for the determination of p-fC' ~'rl'.H' p. ",,0 ;Jnd for any easements of record which may be shown or addressed on tre s:rve,,' T:-.p survey shows vishle E".4~~"o-'~~'""$ :- -""uslons rJpparent on the ground. ~, ;1' 4: .~ t ,rp -: '---- . ~ , -....... " >\, .~ ... ~ ~-fI1: ... .'. .. - ..::. - - - .=: ~ .;- ..... !\,) i ", ;,. --.j W ~\. . . .. .. ..: :,. . .' .. .. \". \~~ ", ?_. . .~. ... '. /?" " ~- \ ~\ 5/R"IRF TR^NSrORMER -_____ J__ ~ [.. . ~ ~""'---'-~ , 'I ) 2..--: -~ -y-- I . ~' , e.' \ r '/' 'I j I )': . '--.....' ;~~ I ", (j) 0) 0) o tv ():) c5 -> ... ~ .::. m LOT19 ;>: -...j o o o r1 ~. ~ .A~. x v: 05 o I ~ ~. , '. ~ 1 I . ~'114-f "?~~~..~ ~~ ~U;;;'I.'T~~ ~-ra."~. __._..f-_Ul.y.: .---~ . \-~~~- ,~1Vf" .~ '\ /" " '-7./ NP'tv1 rz , ~. . . ... '. ~ 0:2;f1 ~ A-04-012 Monticello Homeowners Asn Inc 1800 Preston Park Blvd Ste 101 Piano TX 75093 Kasper, Theodore & Eleanor 7903 Jefferson Cir Colleyville TX 76034 Garber, Raymond etux Linda 7901 Jefferson Cir Colleyville TX 76034 Quirin, Donald P etux Dorothy 7811 Jefferson Cir Colleyville TX 76034 Geslani, Alexis etux Estarlita 7809 Jefferson Cir Colleyville TX 76034 Meisetschleager, W F etux K S 7807 Jefferson Cir Colleyville TX 76034 Farrar, Michael S etux Nancy K 7805 Jefferson Cir Colleyville TX 76034 Branscum, Stephen G etux E M 7902 Jefferson Cir Colleyville TX 76034 Wall, Jeffrey L etux Cheryl D 7900 Jefferson Cir Colleyville TX 76034 Glaser, R J Jr etux Christine 106 Van Buren Ct Colleyville TX 76034 Nyquist, Mark C etux Jody A 7803 Jefferson Cir Colleyville TX 76034 Woodhouse, Ian K etux Patricia 202 Washington Ct Colleyville TX 76034 Wetzel, Neal E & Adrienne L 200 Washington Ct Colleyville TX 76034 Morrison, David etux Lynne 7709 Monticello Pkwy Colleyville TX 76034 Tharoor, Mahesh etux Anjala 7801 Monticello Pkwy Colleyville TX 76034 Morrison, David etux Lynne 7709 Monticello Pkwy Colleyville TX 76034 Snedic, Ronald E etux Donna L 201 Washington Ct Colleyville TX 76034 Kim Dellosso, applicant 7810 Jefferson Circle Colleyville TX 76034 Notices dated September 29, 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 "N.'~'~'''_'_'_U.",''_'_'_'_''< ~'''~'''''_'_'_'_~U'''A___A~U=_~~~"",_",''~'U~''~~'_~''N~_<<.~~__.~~___,_~___~H~~-H~~'- From: NealEWetzel@aol.com Sent: Monday, October 04, 200411.17 am To: Clayton Husband Subject: Notice of Public Hearing - case # A-04-012 In reference to the above subject. I received notice concerning a "fence encroachment." I do not have an issue provided the design is in agreement with the Monticello covenants and restrictions (C&R's) and approved by the Architectural Control Committee of the Monticello Home Owners Association. You may pull up information on www.monticellohoa.com. Thank you, Neal E. Wetzel 200 Washington Ct. Colleyville, Texas 760 RECEIVED OCT 0.4 2004 r:~ ..~...... 10/4/2004 .~ Texas ZONING BOARD OF ADJUSTMENT AGENDA BRIEFING Agenda Date: Subject: October 12, 2004 A-04-013 PUBLIC HEARING - Request of Daykar Pushkoor for a variance from rear yard setbacks for a house addition on Lot 12, Block 28, Ross Downs Estates, located at 6803 Carriage Lane SUMMARY & COMMENT Daykar Pushkoor is the owner of this residential lot located at 6803 Carriage Lane in the Ross Downs subdivision. The owner has applied for a building permit to construct an addition to the rear of the existing residence. However, the building permit has not been approved since the proposed addition will encroach beyond the twenty-five foot rear set back line established for the PUD-R regulations. This portion of the Ross Downs Addition is zoned PUD-R (Planned Unit Development- Residential). The set back regulations for this particular PUD-R are established in Chapter Three of the Land Development Code. The set back requirements are as follows: Front yard set back: Side yard set back: Rear yard set back: 30 ft. 10 ft. 25 ft., unless there are no door or window openings facing the abutting residential lot, then the rear yard set back may be ten feet The proposed addition to the home will encroach twelve feet beyond the twenty-five foot building set back line, which leaves thirteen feet remaining between the rear of the structure and the rear property line. The addition to the structure is proposed to be a two story addition. Staff mailed notices to the eighteen owners of property situated within 200 feet of the applicant's property. No responses have been received at the time the agenda packet was prepared Attached to this agenda briefing is an aerial photo showing the location of the applicant's existing home and the adjacent homes in the neighborhood. Section 1.16.E of the Colleyville Land Development Code provides the authority of the Zoning Board of Adjustment for approval of a variance request to extend beyond a building set back line when the Board determines that the neighboring properties are not substantially or permanently injured. The following is an excerpt of the applicable language form the Land Development Code: Agenda Item No.3 - Page 1 "The Zoning Board of Adjustment shall have the authority to consider requests for a variance of a zoning regulation.... When the appropriate use of the neighboring property will not be substantially or permanently injured... Thus, the Board has jurisdiction to: Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum sidewalk or setback standards, off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the provisions of this ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district." CONCLUSION There is some concern over the encroachment consisting of a two story section being placed nearer to the residential structure located behind the applicant's property. The following recommendation has been made on the basis that there has been no written or telephone objection received regarding the applicant's request. However, information that may become available at the public hearing would have a significant impact on the staff evaluation, which could alter the staff recommendation. RECOMMENDATION Approval ATTACHMENTS Variance application Location map Plan of proposed house addition Aerial photo of applicant's pr erty List of propert owners notifi d Prepared by: Agenda Item No.3 - Page 2 tollot .~ Tella' ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 +APPLlCANT ------d~V~A;~~L--.t?~6:~~QC--m Telephone No. <{Ll<tl.L_Y-6.~YFax No. .__.____________________ Address _._.__..__6._<J..CL .5--------C!2::f..!!..~5_e---....-i::.~-de..---------m.....--..--------_____..___._____._____._____.__.________________._.__._______.. City ..---..----Lo-llRf--<L(Ji.e------lA-________.._._____ State___T~:_._____ Zip Code_~6. O..6.._._~__ Applicant's Status: (check one) ti9 Owner 0 Representative 0 Tenant . R E C r. '" E D + PROPERTY ).../y 76? ~1<i.1 '- ~ OWNER ---..--(]~-V.6......~--A_~A.::.(l.C'....c._______ Telephone No. ~L7_..!i_'J.L!lP..J._~ Fax No. --SfP--2-3-&04- Address --..--~-.~~{2--1-....-..----.C4f-a'.G...5-e..m.....mL:~.~Le....---.-------.....=----.-.------..---------------.--1e1""::::__:_::__::-:__. City -----....LfLLLo/LLLli..e..------_.___________________ State ---'_.k__________ Zip Code -..:z~.'!!2tj--... Ownership Status: (check one) \(ZIlndividual 0 Trust 0 Partnership 0 Corporation ~~9ILD~V -,~J~i~~nat~)l(o,yl 11~9 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~re~m~c~oo ---~~X__~a~~_~~___________________ Legal Description__..__...______..._._ fJ...~_~.({q~_.___..._~ef>..LbI e.!::J_.-'___~__.__________________________________.__ Present Zoning ----.-Jl.f?fJ.Ld.ea,.ttd...l__L?1:Ll__ Present Land Use __I2t? 5.Lcl(JJ~~ a. L_______._.____._._ Status of Project: 6ZI Proposed 0 Under Construction 0 Existing Have you applied fm a building permit? 0 Yes 0 No Have you filed an appeal or petition on this property before? Q No aYes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number __1-:_::"04. ,o!:~______ Hearing Date _!'2- o~~i_ Action a Approved a Approved with Conditions a Denied Conditions ---~_...._._...-.-.......__.....-.~._..._.~....._...._...-.__._..~.._......~............ ... ......._.._...._.......~....._..._._...._..-......-._.....__..._...._-~._._._......._-_._._.__._._._........._.....__...__....-.--.....-...-..-....-......................--.......---........-.....-_....... ...-..........--............ ... .......-.......--..-.-.. .. .. ........-................--..--.____.............._..._.........._.._..m........_m..._....._............m__......_............._...._.._..._...._..... . ............ ..h......._...._.........___...........__......._..__....._._...__....._.._....._....._......_........__....___...........__._..........__..._........_...................._..._........__.........._.....__.........___.__...__....._....._......._............._.____.___._.._........_._._._......_._.._.............._.__._...._...._..__.._....._...._.._......__ ........ .... ..............-............-........--.......................-..-.......................- .......... ......-..............--.......-..-.............----...-....-........-....___.___.......____.h.....____..._._____.....__........._._..._.._._._...........___._.._....~._............_...__............._....._. .............................-.......-...-.....-..-.-....-..............-.........~..-._.._.......-.-...--..-..-.....__..._....--"""-'-""''''''''''''''''''''-'--'--'-'''''''''''''''''''--'--''''-.......-.~.._-........-._..-......___......._.._.____....___w_w._..._.._..._....__...___.__.......___._..__..._.._....._....._...___.........__......._._.............._ 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. --A---t.L1./.L?___~_ft?l' y..__P- #'-.'6' C/ ~_..__..._______ m--.---..-..-U.-...ttf---_.hl.':::.f....f<___C?.f__m_.ti_.e.____.-[e..~Ld~~~-e.._.___~'_c~j::".___.._______m_._.._ ----.-----.----t~0.~~:R.---.~---..-.-6.t?d(qQJ:~::...__eL'f1-6n.-_f{,:.t'C!-n..-.-J---~-.-.il.~r.t:?t:::L~___..I!!!:_~~l___.m__. ------ ..---~-€Y1L-.adJz&""---&>-~~---'?,{)~--/f:t:~~~-:c~/J1L~"'-:-(~~-- 2. Do similar conditions exist in the area? Explain.._____tb._.._A.fZ.eL~_.__________________________ -...__k.__._..___...___...__.___.k_.____.____.____________.____.___..__.___.____ ....--.-............----...--....---.--.-..-........----...-.--.--.---......--...-----..--....-.-...--.--.-.........--.-.---..-----....---...--.--.....------...-------....---.--.--.----..-.-----.---.....----....--....-------.... 3. Describe how the unique conditions or circumstances do not result from your actions. _____._______._.________...__.._..______ --..--....-.--41L:")".ck~-2-----~-~-..---.!J_<<_~_5....s:df_-.-..-~----~L~f..s--..t2!:L.i::l:L~.----._______.__.___._ ____.____0IL~ t "'-:L~___ be cIt..~~__:::_clc/;Jk_~________________________________________ 4. Is there any way to do what you want without this request? --------A.La-----------______.___________._____._______..__ --.. ........................ ...---.......-..........................................._..._..._.nm_..._~...._...._..._._......__...__.__..___._...__.___._...._._........._..................__...___......................___.......__.......__.._.__......__.._................... ...........---........----.....----..........------..-.......---...............---..---....--.....-.-....-..---.....--.....-.-..--....---...-----.....---..---.----------.---.-----------.-....-.--.-----.-................---.------.-------_..__.....___..n -..........-.........--.-.--...-........-..................--.......-.....------.-.-.......---.-----..-....------..----............---.---...---.-.-.------------..-------------------.------...------------._._~. Acknowledgments , 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 'J \ ~ t I 0 tr APPLICATION FOR VARIANCE CV - 410 (MARCH 03) I I / ,I ; / .......~ :....t L/~ /". ,- AI/ ~n1 rv~DJ "",,% ~wrM"A,DA. .....,-c;rr L. \ 111'< ~~~ . / ~\ .\ \U--U'~ . / // ---QA 'A/\ ~;/ . ~ 1 \--- ~/~d?/i ----< ~ ~ '\ " .J'~ I-- ~ j~_ ~ r- -~) ~ T\ \ l ..J" ;1\11\ \L .S )~ \\ 1- / f----l r----- ~~ 1--____ -----( ll. 5r'\t..V" ,..-1 . ii, I "y ~ < ."f/ --'--'---T' - f-. 7 ' I" ", // / '" ,/ //\ /' " /~ / I " - ------- I /' '.. /', "-/ // /<C, <:)~/ ::1\:l~'N-y' J --"ml ('--~I~----- f- ~/~/ '>/ <; =-Lt A-:;..-;;;:'-".-/ 'f,r::"" r-.-'-r--;--2~'r--/,>///,/:z:_~._L ....*-~~~MCI'l\~r I~ / \ ~ ('--I-!J "-J. 00> ~ ~ ~ ~/// C--,--- h---- ~ : b--~I~i ~I ~ ~~ ~~~ = c--2 I e--li .-- ~ ~ - C; ,C ~ .c: , ~ ~ r I'" I .... -I =~IA~~~='=- T 1 lilR E '---' co I . 1\Jf\l u" -- - -~Q ,,l, 1,\ "c ,/ y- I I:;: -. p'\~'~ /// ~ ~:~ - '\ "~ ~ ~ \ - ~ ~ 17 v Q ~~ (h ,I ...... f -......, ~.J BAKE~ C ~;o_ -T--- // T 1 I _IJ1J -~p 11-, ir l___.J.__ j f-'"'---- - '~\:J 7 I( ,... e--- I I--- f---- .-.-L L BLVD --T-'i--- I I ...Ln_.' N "-.'-"" -- T // PU SHOYlING THE PROPERTY LOCATED AT (OW~ C^r~R~ 'G .?J _ IN TilE CITY OF tjvLLF.;:.IViLl. F TEXAS. AND BElNG LOT Zr: BLOCK I or e. IAJ,..15 Ec;w,n:;.. ~ ~DmOI'l TO THE CITY or '1 (~lJ l L F~V IL..Lt;:.. --J}T.1i!..!V\ AJ r . COUNTY. TEXAS. ACCORDING TO THE T RECORDED IN~' . AT P~GE ill-$". Of THE P '~4- RECORDS Of 7ARN~.tT COUNTY. TEXAS. ProposeJ S O. 10' 52" W 118.53' ()1 '54 , , " UTIL ESMT. f---- --------- \ \\" ~~ \_. . \ ~ \ ,,-.{" ~ \\\ -;', \ ..>- \. ':y \ o . '/' \ 0' . ~"\- ,-.- \ \ \ \ \ 2,5 /..ur' -n','L. h:\\o'v,,~ E..>"".4-", t>1 t-\o ~ A f'f'1 > " Vol. C\'5? p. '" '- \fbl. 1\100 r, ~,s 1\ "l 317 p. vl1 'I" . . ---.:3 ~r .6. I x P,...}.I.f'.... :;t Q) o ~ N . ........- - C4RR1 '-4tvfG(" / r:.J.(,/". .,~ . {'--5'-1" w 0: ,L~I ] ~ ~ 11. fL-l'L t't- 30 /L-'j() 1'--6'-8' 5'-2' fj"-lrx5"-O" ~] /1103'-4" &, c;, [OJ Lt1w F AJ'~~tN ~ J ? ~;::c;.<.-",& I'f ~;{6C~ )... ~ If tv ttI. (I, ~ :l-'?'I wAlff s 16;1 u1 c.-eJ( '5 /(, u. if 10 rt /, ;$/ow;... Cf-';//~6<; f ~ " "'J ~ ~ ~ " 3'-8' %-- 13'-6' - , 5-) ISO 8'-0' I' 5'-O"x5'-O" ~ /) oU (/~ 1 2' [OJ [OJ l-- /I 24'-8' 11'-10' /1/ 4'-10.----* (::~ X 7'-6' ~ (j/) o (/ (~ & <--. ~ ..... .{ 7'-6' I~ I~ 3'.1O':-T--5'.11. {-------- 5'2. 5'.1. '" 1 ,f- 3'-4. ~(? o (?~ I .... Oi ~ ;;, {-2'5. (Rw -E U,'"ddtJ - ;t-~c-'6P .~;; 5 tl6>C- - ,3t::J I... - i ~ - J.-.rc Cf A -,CJ - JJ-b wa.ft5 fC ~ 1 ~ ~ 6'/iJ;JoA CO-~l'15 ;i-]o ~ At4.;jf5. ~rc(,... /!...,_ Jt7 <'- A/&voIYl Ce.;/I'J 5 -Q- '.g.. -t3':8:'--t "'.m....____n_ L 4'.{)'- ;..:. " ~ I 1 A-04-013 Keller, Gary A et al 6814 Kennedy Dr Colleyville TX 76034 Pierce, Russell S & Carla R 681 0 Kennedy Dr Colleyville TX 76034 Botros, Said K etux Hoda 6812 Kennedy Dr Colleyville TX 76034 Bueno, Daniel M & Nieva J 6804 Meade Dr Colleyville TX 76034 Patterson, Marc J etux Laura J 6802 Meade Dr Colleyville TX 76034 Andrade, David A etux Ana M 6800 Meade Dr Colleyville TX 76034 Bush, Steven R etux Lynda M 6709 Carriage Ln Colleyville TX 76034 Cook, Darnell etux Krysti 671 0 Carriage Ln Colleyville TX 76034 Lippert, Joseph C etux Michele 6807 Kennedy Dr Colleyville TX 76034 Bauer, Fredrick & C Hughart 6808 Meade Dr Colleyville TX 76034 Mueller, David C etux Joleen K 6900 Meade Dr Colleyville TX 76034 Dietrich, Charlotte 7001 Colleyville Blvd Colleyville TX 76034 Dayakar Puskoor, applicant 6803 Carriage Lane Colleyville TX 76034 Flamm, Stephen M etux Lisa A 6805 Carriage Ln Colleyville TX 76034 Gwaltney, Paul etux Julie G 6801 Carriage Ln Colleyville TX 76034 Guernsey, Paul R 6711 Carriage Ln Colleyville TX 76034 Harris, Gerald D & Lynda C 6710 Meade Dr Colleyville TX 76034 Miller, Dennis etux Sheri 6805 Kennedy Dr Colleyville TX 76034 Singer, Kevin P etux Sally A 6902 Meade Dr Colleyville TX 76034 Notices dated September 29, 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